Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 104 CONGRESS, SECOND SESSION

Home , Mitchell State Park, Morton Halperin, Nancy Kassebaum, Wes Cooley

E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, MONDAY, OCTOBER 21, 1996 No. 143 House of Representatives

RESIGNATION FROM THE HOUSE that that committee had examined and facilities under the Medicaid program and to OF REPRESENTATIVES found truly enrolled bills of the House require resident reviews for mentally ill or mentally retarded residents when there is a Mr. WILSON submitted the following of the following titles, which were thereupon signed by the Speaker pro significant change in physical or mental con- resignation from the House of Rep- dition. tempore [Mrs. MORELLA]: resentatives: H.R. 3864. An act to amend laws authoriz- CONGRESS OF THE UNITED STATES, On October 9, 1996: ing auditing, reporting, and other functions H.R. 632. An act to enhance fairness in HOUSE OF REPRESENTATIVES, by the General Accounting Office. compensating owners of patents used by the Washington, DC, October 8, 1996. H.R. 3910. An act to provide emergency Hon. GEORGE W. BUSH, United States. H.R. 1087. An act for the relief of Nguyen drought relief to the city of Corpus Christi, Governor of The State of Texas, State Capitol, Quy An. Texas, and the Canadian River Municipal Austin, Texas. H.R. 1281. An act to express the sense of Water Authority, Texas, and for other pur- Re Letter of resignation, Texas Congres- the Congress that United States Government poses. sional District No. 2. agencies in possession of records about indi- H.R. 4036. An act making certain provi- DEAR GOVERNOR BUSH: It has been my viduals who are alleged to have committed sions with respect to internationally recog- honor, and privilege, to serve my constitu- Nazi war crimes should make these records nized human rights, refugees, and foreign re- ents in Texas for almost 40 years; four in the public. lations. United States Navy; twelve in the Texas H.R. 1776. An act to establish United States H.R. 4083. An act to extend certain pro- Legislature and the remainder in the U.S. commemorative coin programs, and for grams under the Energy Policy and Con- House of Representatives. I have tried to other purposes. servation Act through September 30, 1997. give the very best I had to offer for my con- H.R. 1874. An act to modify the boundaries H.R. 4137. An act to combat drug-facili- stituents, the State of Texas and my Coun- of the Talladega National Forest, Alabama. tated crimes of violence, including sexual as- try. If there were an opportunity to turn the H.R. 3155. An act to amend the Wild and saults. clock back and start over, I would follow the Scenic Rivers Act by designating the Wekiva same course. At this point of anyone’s ca- River, Seminole Creek, and Rock Springs H.R. 4194. An act to reauthorize alternative reer, if he/she can look back and say, ‘‘It was Run in the State of Florida for study and po- means of dispute resolution in the Federal good.’’, the ultimate fulfillment has been tential addition to the National Wild and administrative process, and for other pur- achieved. I can truthfully say, it was good. Scenic Rivers System. poses. The book has closed on the 104th Congress. H.R. 3249. An act to authorize appropria- H.J. Res. 193. Joint resolution granting the With that closure, I respectfully take my tions for a mining institute or institutes to consent of Congress to the Emergency Man- leave effective at the expiration of October 8, develop domestic technological capabilities agement Assistance Compact. 1996. for the recovery of minerals from the Na- H.J. Res. 194. Joint resolution granting the Thank you for your kind understanding of tion’s seabed, and for other purposes. consent of the Congress to amendments H.R. 3378. An act to amend the Indian my resignation and for the many courtesies made by Maryland, Virginia, and the Dis- Health Care Improvement Act to extend the you have extended to me. trict of Columbia to the Washington Metro- demonstration program for direct billing of Sincerely, politan Area Transit Regulation Compact. Medicare, Medicaid, and other third party CHARLES WILSON. On October 11, 1996: f payors. H.R. 3568. An act to designate 51.7 miles of H.R. 3219. An act to provide Federal assist- ENROLLED BILLS AND JOINT RES- the Clarion River, located in Pennsylvania, ance for Indian tribes in a manner that rec- OLUTIONS SIGNED AFTER SINE as a component of the National Wild and ognizes the right of tribal self-governance, and for other purposes. DIE ADJOURNMENT Scenic Rivers System. H.R. 3632. An act to amend title XIX of the H.R. 3452. An act to make certain laws ap- Mr. THOMAS, from the Committee Social Security Act to repeal the require- plicable to the Executive Office of the Presi- on House Administration, reported ment for annual resident review for nursing dent, and for other purposes.

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H12303 H12304 CONGRESSIONAL RECORD — HOUSE October 21, 1996 H.R. 4283. An act to provide for ballast H.R. 1087. An act for the relief of Nguyen made by Maryland, Virginia, and the Dis- water management to prevent the introduc- Quy An. trict of Columbia to the Washington Metro- tion and spread of nonindigenous species into H.R. 1281. An act to express the sense of politan Area Transit Regulation Compact. the waters of the United States, and for Congress that United States Government On October 18, 1996: other purposes. agencies in possession of records about indi- H.R. 3219. An act to provide Federal assist- f viduals who are alleged to have committed ance for Indian Tribes in a manner that rec- Nazi war crimes should make these records ognizes the right of tribal self-governance, SENATE ENROLLED BILLS SIGNED public. and for other purposes. AFTER SINE DIE ADJOURNMENT H.R. 1776. An act to establish United States H.R. 3452. An act to make certain laws ap- The SPEAKER pro tempore (Mrs. commemorative coin programs, and for plicable to the Executive Office of the Presi- other purposes. dent, and for other purposes. MORELLA) announced her signature to H.R. 1874. An act to modify the boundaries H.R. 4283. An act to provide for ballast enrolled bills of the Senate of the fol- of the Talladega National Forest, Alabama. water management to prevent the introduc- lowing titles: H.R. 3155. An act to amend the Wild and tion and spread of nonindigenous species into S. 342. An act to establish the Cache La Scenic Rivers Act by designating the Wekiva the waters of the United States, and for Poudre River Corridor. River, Seminole Creek, and Rock Springs other purposes. S. 1004. An act to authorize appropriations Run in the State of Florida for study and po- for the United States Coast Guard, and for tential addition to the National Wild and f other purposes. Scenic Rivers System. S. 1194. An act to promote the research, H.R. 3249. An act to authorize appropria- REPORTS OF COMMITTEES ON identification, assessment, and exploration tions for a mining institute or institutes to PUBLIC BILLS AND RESOLUTIONS of marine mineral resources, and for other develop domestic technological capabilities Under clause 2 of rule XIII, reports of purposes. for the recovery of minerals from the Na- committees were delivered to the Clerk S. 1649. An act to extend contracts between tion’s seabed, and for other purposes. the Bureau of Reclamation and irrigation H.R. 3378. An act to amend the Indian for printing and reference to the proper districts in Kansas and Nebraska, and for Health Care Improvement Act to extend the calendar, as follows: other purposes. demonstration program for direct billing of [Pursuant to the order of the House on Septem- S. 1887. An act to make improvements in Medicare, Medicaid, and other third party ber 28, 1996 the following report was filed on the operation and administration of the Fed- payors. October 11, 1996:] eral courts, and for other purposes. H.R. 3568. An act to designate 51.7 miles of Mr. YOUNG of Alaska: Committee on Re- S. 2078. An act to authorize the sale of ex- the Clarion River, located in Pennsylvania, sources. H.R. 2041. A bill to amend the Or- cess Department of Defense aircraft to facili- as a component of the National Wild and ganic Act of Guam to provide restitution to tate the suppression of wildfire. Scenic Rivers System. the people of Guam who suffered atrocities S. 2183. An act to make technical correc- H.R. 3632. An act to amend title XIX of the such as personal injury, forced labor, forced tions to the Personal Responsibility and Social Security Act to repeal the require- marches, internment, and death during the Work Opportunity Reconciliation Act of ments for annual resident review for nursing occupation of Guam in World War II, and for 1996. facilities under the Medicaid program and to S. 2197. An act to extend the authorized pe- other purposes, with an amendment (Rept. require resident reviews for mentally ill or 104–867 Pt. 1). Ordered to be printed. riod of stay within the United States for cer- mentally retarded residents when there is a tain nurses. significant change in physical or mental con- f S. 2198. An act to provide for the Advisory dition. Commission on Intergovernmental Relations H.R. 3854. An act to amend laws authoriz- SUBSEQUENT ACTION ON BILLS to continue in existence, and for other pur- ing auditing, reporting, and other functions INITIALLY REFERRED UNDER poses. by the General Accounting Office. TIME LIMITATIONS f H.R. 3910. An act to provide emergency Under clause 5 of rule X, the follow- BILLS AND JOINT RESOLUTIONS drought relief to the city of Corpus Christi, Texas, and the Canadian River Municipal ing actions were taken by the Speaker: PRESENTED TO THE PRESIDENT Water Authority, Texas, and for other pur- [The following action occurred on October 11, AFTER SINE DIE ADJOURNMENT poses. 1996] Mr. THOMAS, from the Committee H.R. 4036. An act making certain provi- H.R. 2041. Referral to the Committee on on House Oversight reported that that sions with respect to internationally recog- International Relations extended for a period committee did on the following dates nized human rights, refugees, and foreign re- ending not later than October 11, 1996. Refer- lations. ral to the Committee on the Judiciary ex- present to the President, for his ap- H.R. 4083. An act to extend certain pro- proval, bills and joint resolutions of tended for a period ending not later than Oc- grams under the Energy Policy and Con- tober 31, 1996. the House of the following titles: servation Act through September 30, 1997. f On October 4, 1996: H.R. 4137. An act to combat drug-facili- H.R. 3539. An act to amend title 49, United tated crimes of violence, including sexual as- States Code, to reauthorize programs of the saults. DISCHARGE OF COMMITTEE Federal Aviation Administration, and for H.R. 4194. An act to reauthorize alternative Pursuant to clause 5 of rule X the fol- other purposes. means of dispute resolution in the Federal lowing action was taken by the Speak- H.R. 3723. An act to amend title 18, United administrative process, and for other pur- er: States Code, to protect proprietary economic poses. information, and for other purposes. H.J. Res. 193. Joint resolution granting the [The following action occurred on October 11, On October 10, 1996: consent of Congress to the Emergency Man- 1996] H.R. 632. An act to enhance fairness in agement Assistance Compact. H.R. 2041. The Committee on International compensating owners of patents used by the H.J. Res. 194. Joint resolution granting the Relations discharged from further consider- United States. consent of the Congress to amendments ation. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 104 CONGRESS, SECOND SESSION

Vol. 142 WASHINGTON, MONDAY, OCTOBER 21, 1996 No. 143 Senate

FOLLOWING UP ON THE HALPERIN curity Council as well as in various private Also: Halperin told Kissinger in a Septem- NOMINATION sector posts, he has violated security regula- ber 1969 telephone conversation, ‘‘I haven’t tions and/or consistently attacked and talked to the press . . . since May,’’ but the ∑ Mr. MCCAIN. Mr. President, in 1993, strongly opposed generally accepted security record revealed he ‘‘received a number of the Senate Armed Services Committee practices, in addition to demonstrating ex- calls from, conversed with and met with a conducted an extensive review of the tremely poor judgment about what con- variety of journalists.’’ nomination of Morton Halperin to be stitutes sensitive security information. A wiretap had been placed on Halperin’s On July 5, 1996, upon entering the employ Assistant Secretary of Defense for De- home phone because he was the prime sus- of the Defense Department, Mr. Halperin mocracy and Peacekeeping. The com- pect in the leak of the secret US bombing of signed an affidavit which said: mittee held an open hearing on Novem- Cambodia to New York Times reporter Wil- ber 19, 1993, where Mr. Halperin ap- ‘‘I agree to return all classified material upon termination of employment in the Of- liam Beecher. That tap revealed the follow- peared to answer questions regarding fice of the Secretary of Defense.’’ ing about Halperin’s conversations on his his qualifications, background, and ac- On September 19, 1969, terminating his em- home phone: ‘‘revelations on the North Viet- tivities. Subsequently, however, his ployment with the National Security Coun- namese position . . . differing internal rec- nomination was withdrawn by the cil, Mr. Halperin signed another affidavit: ommendations of the Secretaries of State President. ‘‘I do not now have in my possession or and Defense and the Attorney General as to At that hearing, Mr. Halperin di- custody or control any document or other Cambodia . . . his plan to meet with rep- rectly refuted certain information pro- things containing or incorporating informa- resentatives of a German news magazine vided to the committee by Mr. Frank tion affecting the national defense, or other about the National Security McNamara regarding Mr. Halperin’s security information material classified Top Council . . . and a planned meeting with a secret, Secret or Classified to which I ob- representative of the Soviet Union’s Prav- nomination. Inasmuch as Mr. McNa- tained access [during my employment].’’ da.’’ mara was not present at the hearing Did Halperin live up to his word? Press accounts of Halperin’s suit predating Defending a presidential authority vital to and did not have an opportunity to tes- the brief had reported affidavits revealing the national security against a lawsuit tify before the committee, he was un- John Erlichman saying that Kissinger had brought by Halperin, the Carter Administra- able to defend his position regarding described Halperin ‘‘as being singularly tion on May 24, 1978 filed a brief with the the nomination. untrustworthy. Defects in his philosophy and Court of Appeals for the D.C. Circuit in Mr. President, I therefore ask that character were generally described (by Kis- which it said that Halperin took classified the following statement of Mr. McNa- singer).’’ [Washington Post, March 12, 1976]; documents with him when he left the De- and that two weeks after Halperin left the mara, fully setting forth his views on fense Department and so that— Mr. Halperin’s nomination, be inserted ‘‘Dr. Halperin managed to cart off boxes of National Security Council, FBI Director in the RECORD at this point for the in- highly classified material without the Na- Hoover reported to the White House that he formation of Senators. tional Security Council’s permission or has been heard saying on his telephone that The statement follows: knowledge when he left the NSC.’’ ‘‘he was to meet with the foreign editor of Pravda’’ [W.P. 3/21/76]. STATEMENT OF FRANCIS J. MCNAMARA ON THE In addition to this double violation of his NOMINATION OF MORTON H. HALPERIN TO BE word and security regulations, Halperin was Also reported by the same newspaper: a ASSISTANT SECRETARY OF DEFENSE FOR DE- deceptive in other ways as well, according to Kissinger affidavit said Halperin’s FBI secu- MOCRACY AND PEACEKEEPING the 1978 court brief. When Halperin was with rity file revealed he had failed to ‘‘report a The following is offered in opposition to the NSC, Henry Kissinger, the President’s visit to Greece, Yugoslavia and the Soviet the confirmation of Morton H. Halperin as national security adviser, ‘‘specifically in- Union’’ on a passport application; that in Assistant Secretary of Defense for Democ- structed’’ Halperin not to talk to journalists, 1965 he had received the Communist maga- racy and Peacekeeping. but ‘‘contrary to those instructions Dr. zine, ‘‘World Marxist Review/Problems of For some 25 years, as an employee of the Halperin talked repeatedly with journal- Peace and Socialism’’, and that Halperin re- Department of Defense and the National Se- ists.’’ called Kissinger had cut off his access to

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

S12411 S12412 CONGRESSIONAL RECORD — SENATE October 21, 1996 ‘‘more sensitive information regarding na- there is a national security exemption to the leged ‘‘detailed response’’ to my statement tional security matters’’ because of high- Fourth Amendment. He wrote: submitted for the record since I had last seen level Administration figures’ suspicions ‘‘No court in the United States has ever se- a transcript, Halperin had added a few choice about his political views. (3/28/76) riously considered the possibility that it ex- epithets describing it: ‘‘inaccurate . . . dis- Not only the Carter Administration brief, ists.’’ (‘‘First Principles,’’ 9/76) torts facts . . . patently untrue . . . mis- but various news accounts reported that Kis- 100% wrong! It is difficult to conceive of a represents . . . absurd . . . false . . . an out- singer had hired Halperin for his NSC posi- more erroneous statement. Not only had a right lie’’ [again] (printed record, pages 181, tion over the objections of FBI Director Hoo- number of District Courts ‘‘seriously consid- 182). ver, the Chairman of the Joint Chiefs of ered’’ its existence at the time, but some Ap- In the almost 50 years I have been writing, Staff, Senator Goldwater, White House aide peals Courts had as well, and most of the de- lecturing, testifying and carrying out var- Haldeman, and the security officer of the cisions had upheld the concept.1 ious administrative duties in the security NSC. Kissinger himself said in Salzburg, The Carter Administration court brief and intelligence fields, particularly as they Austria, in June 1974 that he had hired noted ‘‘poor judgment’’ on Halperin’s part relate to Communism, no one has ever before Halperin for the NSC ‘‘over the strong objec- and ‘‘disquieting’’ points in his conduct. It is accused me of lying and making false and tions of all my associates.’’ my view that he has continued to exhibit misleading statements, except Radio Moscow A J. Edgar Hoover file memo revealed that these traits on a considerable number of oc- and Izvestia. As a matter of fact, the Senate Kissinger had called him May 9, 1969, the day casions, particularly those treated at some Internal Security subcommittee said some the Times story appeared, to complain that length in the attached ‘‘Partial Record’’— twenty years ago: the Beecher story was ‘‘extraordinarily dam- the cases of Philip Agee, the CIA Defector; ‘‘Mr. McNamara commands a national rep- aging and uses secret information.’’ The David Truong, the Communist Vietnamese utation as a careful scholar and researcher Carter Administration brief noted that the espionage agent, and the leak of the so- in matters relating to communism, extrem- District Court in Washington had said called ‘‘Pentagon Papers.’’ ist activities in general, and internal secu- For these and other reasons, I believe his ‘‘There was justifiably grave concern in 1969 rity.’’ confirmation would constitute a security over the leaking of confidential foreign pol- Despite this and similar other statements I risk to the United States not only because of icy information.’’ President Nixon later de- could quote, the summary of major develop- his actions and views concerning what con- posed that Prince Sihanouk of Cambodia had ments in the Halperin case presented June 23 stitutes sensitive security information, but agreed to the bombing as long as it was se- on the Senate floor by the chairman of the also because it would deal a blow to the mo- cret, but for internal political reasons could Armed Services Committee appeared to sup- rale of the Nation’s military/security/intel- no longer do so once it became known. A port Halperin 100% and thus, like Halperin’s ligence services with related adverse per- halt to the bombing was thus forced, with words, cast doubt on my integrity and verac- formance of functions vital to the national the result that the enemy was guaranteed a ity. It was true, the Chairman said, that the security. safe haven from which he could attack Halperin nomination was controversial, but American troops and then escape to safety. FURTHER STATEMENT OF FRANCIS J. MCNAMARA controversy, he emphasized, ‘‘should not The President deposed that the leak was ‘‘di- RE MORTON HALPERIN stand as a judgment on the individual’s rectly responsible for the deaths of thou- Concerned about the nomination of Morton qualifications or on the merits of the specific sands of Americans.’’ Halperin to serve as an assistant secretary of allegations that were brought to the atten- A September 1969 memo from FBI Director defense, friends who knew I had closely stud- tion of the committee. . . . the fact that an Hoover to Attorney General John Mitchell ied the assault on the Intelligence Commu- allegation has been made should not stand as said Kissinger wanted all the wiretaps he had nity that had marked the decade of the mid- a judgment that the allegation is valid. . . . requested in trying to identify the source of seventies to the mid-eighties and had testi- If credible allegations are presented to the the leak discontinued except for those on fied and written about it and also about committee, we will pursue them.’’ Halperin. Halperin’s role in it,2 suggested that I assist These, of course, are not more than basic William C. Sullivan, Assistant FBI Direc- the effort of the Center for Security Policy, truths, but in the context in which they were tor for Intelligence, said in a July 8, 1969 directed by Frank Gaffney, Jr., to defeat the spoken they had a definite pro-Halperin memo to Director Hoover: nomination, and also that I prepare a per- slant that belittled his critics and tended to ‘‘As we know, Halperin cannot be trusted. sonal statement opposing it. disparage all charges made against him, in- We have learned enough already from the I did both. Senator Thurmond distributed cluding mine. early coverage of him to conclude this.’’ copies of my statement to members of the Halperin, the chairman continued, ‘‘has an Another reason for rejecting Halperin’s Armed Services Committee and also to all impressive record . . . he has taught and lec- nomination is that he has revealed a sick, members of the Senate. tured widely on a variety of subjects related unhealthy animus and hostility toward the During the November 19, 1993 hearing by to the national security’’ and his nomination U.S. Intelligence Community and the indi- the committee on his nomination, in re- ‘‘has received the support of a number of dis- vidual agencies composing it, despite their sponse to a question by Senator McCain, tinguished Americans, including a bipartisan vital relationship to the security of the Na- Halperin testified: array of former government officials.’’ The tion. ‘‘Senator McCain, those comments appear issues raised about his nomination ‘‘were ex- Appearing on the Ben Wattenberg PBS–TV to be identical with a set of allegations made plored in detail’’ at his hearing, during program, ‘‘In Search of the Real America,’’ in a document which Senator Thurmond dis- which Halperin ‘‘demonstrated dignity, seri- on June 15, 1978, he contradicted Wattenberg tributed to members of the committee. That ousness of purpose, and broad understanding when Wattenberg said the CIA was a de- is a scurrilous, outrageous attack on me, full of national security issues—and patience.’’ fender of American freedoms. of false statements, innuendoes, and mis- He ‘‘directly addressed a variety of allega- ‘‘No,’’ Halperin replied, ‘‘they’ve been a leading assertions. I will give you just two tions concerning his fitness for office’’ and ‘‘I subverter of everybody else’s freedom.’’ examples. . . .’’ was impressed by the care and attention he He has also accused CIA officers of ‘‘pro- He then branded what I had written about gave to each question . . . none of the allega- moting fascism around the world.’’ his association with a group named PEPIC tions of improprieties were substantiated in What does he think of the Federal Bureau ‘‘an outright lie and a scandalous attack,’’ the course of the standard report on the of Investigation? implied that what my statement said about nominee by the FBI, in other investigations ‘‘Causing violence in American cities has a listing of CIA memoirs by former Agency by the executive branch, or in any evidence been an on-going FBI program,’’ a pamphlet employees fell into the same category, and submitted to the Armed Services Commit- he published on the Bureau said. asked for permission to insert in the hearing tee. I would like to quote directly from his To Halperin it is ‘‘an open question’’ record ‘‘a detailed response’’ to my state- testimony because it deals with a number of whether the CIA and other agencies in the ment. Senator Levin, presiding at the time, charges that were reported in the news Intelligence Community would turn to assas- granted his request. media and that I think he dealt with at the sinating American citizens. Having recently undergone surgery, I did hearing.’’ Halperin has adopted unbelievably ridicu- not attend the hearing. After I had obtained The chairman then quoted eight para- lous positions—as when he told Wattenberg a hearing transcript and read his words, I graphs of Halperin’s testimony in which that he would oppose CIA use of covert ac- wrote to the committee on December 15: Halperin summarized in his own words [very tion, even if it were to stop Libyan leader ‘‘I flatly deny and deeply resent Halperin’s convenient] as many allegations about his Quadaffi from sneaking nuclear weapons into charges about my statement and request record and said of each one, ‘‘That is false.’’ New York harbor! that I be granted an opportunity to appear Whether or not Halperin summarized the In 1974, referring to the early ‘70s period of before the committee to respond to them. eight accusations accurately and his ‘‘false’’ the Vietnam War, he actually wrote ques- In reply, I was informed that committee claim about them is true, the fact is that tioning ‘‘the need for the kind of reconnais- rules barred my appearance because, during Halperin more than once testified falsely sance which involved an intrusion into North the hearing, nothing had been said on the about my statement in his hearing. There is Vietnamese air space’’! record authorizing it. not a single false statement, misleading as- He knows as little about the law as he does When, on April 12, 1994 I received a copy of sertion, innuendo, outrageous lie or any about war. In September of 1976, he attacked the printed hearing I learned that in his al- other kind of lie in my statement. Under the the Department of Justice for acting on the general heading, ‘‘Halperin and Philip Agee,’’ belief that when a foreign power is involved, 1 Footnotes at end of articles. it stated: October 21, 1996 CONGRESSIONAL RECORD — SENATE S12413 ‘‘Following is at least part of the public for those individuals with research or orga- Fifth Estate and ‘‘an independent organiza- record of Morton Halperin’s actions relative nizing abilities to join the Counter-Spy tion’’ is flatly contradicted by the report of to CounterSpy, the Covert Action Information Team. Our hope is to weld counterspies into the Senate subcommittee. Like most people, Bulletin and Philip Agee: groups forming a nationwide alternative in- I choose to believe the Senate subcommittee It continued with the following description telligence community—a Fifth Estate—serv- on this point—and would do so whenever of the first of a series of actions noted, the ing as a force to focus a public effort towards there were conflicting claims between it and one Halperin told Senator McCain was ‘‘an altering the present course our government Halperin. Obviously, the fact that PEPIC outright lie:’’ is now taking towards a technofascist soci- was ‘‘sponsored by’’ the Youth Project does ‘‘CounterSpy’s publisher, the Organizing ety.’ not mean it was not, or could not be, a Committee for a Fifth Estate (OC–5), accord- The Senate subcommittee report then ‘‘front’’ for OC–5. I made no ‘‘assertion’’ that ing to its 1975 annual report, ‘had been in- commented: Halperin ‘‘supplied money . . . to the Fifth strumental in organizing several other orga- ‘‘In an effort to accomplish the above-stat- Estate.’’ nizations’ that year, one of which was ‘The ed objectives, OC–5 operates through several Again, who told an ‘‘outrageous lie,’’ Mor- Public Education Project on the Intelligence fronts, such as: . . . and (5) Public Edu- ton Halperin or I? Community (PEPIC) . . . a year-long effort.’ cation on the Intelligence Community (sic). Halperin next offered what he claimed was ‘‘Morton Halperin, the report continued, * * * * * ‘‘another example’’ of an ‘‘outright lie’’ in was a member of PEPIC’s speakers bureau, ‘‘In essence, the objectives of OC–5 are to my ‘‘scandalous’’ attack on him: all of whose members ‘will be donating their discredit and render ineffective all American ‘‘one of the charges is that Organizing time, energy and fees to PEPIC to ensure its intelligence gathering operatiaons—domes- Notes listed Mr. Agee’s book under ‘Memoirs survival.’ ’’ tic and foreign.’’ by Former Government Employees.’ There is ‘‘The Senate Internal Security subcommit- Thus, everything my statement said in the in fact such a list. It lists the following tee, in its 1977 annual report, identified three paragraphs about Halperin and PEPIC books.’’ PEPIC as one of ‘several fronts’ set up by is, as claimed, based on the public record. Halperin then named nine books and their Agee’s OC–5 to accomplish its objective of Yet, Halperin had the gall to grossly twist authors, commenting that various of the au- finding ‘those individuals with research or the facts in an effort to make it appear that thors are supporters and ‘‘strong supporters’’ organizing abilities to join the Counter-Spy I had lied in stating them. of the agency, and added: Team’.’’ When Senator McCain, questioning ‘‘and I am accused of supporting Agee be- What is the public record basis for the Halperin, referred to my statement’s above- cause Agee’s book was listed along with all above three paragraphs? quoted facts about the Halperin-PEPIC- those others in what was clearly a complete The Winter 1976 issue of CounterSpy, which CounterSpy ties, Halperin claimed: list of memoirs.’’ identified itself as ‘‘The Quarterly Journal of ‘‘The sentence after the one you read about Again, Halperin is, at best, in careless er- the Organizing Committee for a Fifth Es- the Organizing Committee says most of rors and misstating the facts. The relevant tate,’’ published an item captioned ‘‘Fifth these organizations are independent of the part of my statement distributed by Senator Estate Annual Report: 1975 . . . .’’ (pages 62, Fifth Estate and the Organizing Committee, Thurmond is as follows: 63), the fifth subsection of which was entitled and then it goes on to list independent orga- ‘‘In late 1978, Halperin’s CPR published a ‘‘Organizing.’’ The second paragraph of this nizations who they happen to think are wor- Materials List to assist its members in their subsection read as the follows: thy of drawing to people’s attention, and one agit-prop work against American intel- ‘‘The Organizing Committee has also been of them is this Public Education Project. ligence agencies. Agee’s ‘Inside the Com- instrumental in organizing several other or- ‘‘The attempt in that document to suggest pany’ was included in it under the category ganizations during 1975. Most of these orga- that the Public Education Project was an in- ‘Memoirs by Former Employees’ and his Cov- nizations are independent of the Fifth Estate strument of the Organizing Committee and ert Action Information Bulletin under ‘Sources and the Organizing Committee. Others are that I worked for that and donated my of Information.’ ’’ local research and action groups, which oper- money to them and that is why they listed Obviously, contrary to his claim, the part ate autonomously but may eventually join my publication is an outright lie and a scan- of my statement about which Halperin was the national umbrella of the Fifth Estate.’’ dalous attack. testifying did not even mention ‘‘Organizing This was followed by the names of the four ‘‘It happens that that organization, which Notes.’’ The so-called Campaign for Political groups the Fifth Estate had been ‘‘instru- was totally independent of the Fifth Estate, Rights which Halperin chaired did, as he ad- mental in organizing’’ in 1975, with a brief was project of the Youth Project, as is indi- mits publish a 16-page Materials List dated description of each one. The second organiza- cated in the document which the people who ‘‘12/78.’’ It had numerous sections and sub- tion listed was— wrote this for Senator Thurmond had. It was sections—‘‘General Organizing Information’’, ‘‘The Public Education Project on the In- an independent organization. They asked if ‘‘Litigation’’, ‘‘U.S. Government and Foreign telligence Community (PEPIC) is a year-long they could list my name as somebody who Intelligence Agencies’’, ‘‘FBI’’, ‘‘Local and effort, sponsored by the Youth Project, Inc. was available to speak. Along with many State Police Spying and Harassment’’, ‘‘Sur- of Washington, D.C., designed to create in- other people I did. I did not in fact end up veillance of Women’’,‘‘Surveillance of Black formed public discussion on intelligence is- speaking for them. I did not donate any Americans’’, etc, etc. sues. . . . All speakers participating in this money for that purpose, and the assertion The two-page ‘‘Central Intelligence Agen- project will be donating their time, energy that I supplied money that went to the Fifth cy’’ section was subdivided as follows: ‘‘Gen- and fees to PEPIC to ensure its survival. Estate is an outrageous lie.’’ eral’’, ‘‘Specific Countries or Regions’’, ‘‘CIA Speakers include some of the foremost ex- Fact: Halperin’s testimony that Fifth Es- and Human Rights Violations Abroad,’’ ‘‘The perts on the intelligence community:’’ tate’s annual report listed PEPIC as an CIA and Labor,’’ ‘‘CIA—Mind Control Test- It then listed the names of the twenty ‘‘independent’’ organization is false, as a ing,’’ and, finally, ‘‘Memoirs by Former Em- members of PEPIC’s speakers bureau, giving mere reading of its words demonstrates. It ployees,’’ which listed the works cited by brief identifying date for each. The sixth did say that ‘‘most’’ of the groups it had or- Halperin, including Agee’s ‘‘Inside The Com- read: ganized in 1975 were independent, but it pany: CIA Diary.’’ ‘‘Morton Halperin: Director, ACLU Project clearly did not specify which were and which Completely false, however, is Halperin’s on National Security and Civil Liberties. Co- were not. testimony that the books in the ‘‘Memoirs’’ editor of ‘The Abuses of the Intelligence The second paragraph of Halperin’s just subsection ‘‘was clearly a complete list of Agencies.’’ Former Assistant Deputy Direc- quoted testimony is all falsehood. I did not memoirs.’’ His Materials List itself con- tor (sic) of Defense.’’ ‘‘attempt . . . to suggest’’ that PEPIC was an tradicts him on this point because in other The Senate Internal Security Subcommit- instrument of OC–5. I quoted a formal find- subsections it mentions at least three other tee issued a 55-page ‘‘Annual Report For The ing of a Senate subcommittee which stated works that qualify for the Memoirs category, Fiscal Year Ending February 28, 1977’’ (Re- that ‘‘OC–5 operates through several fronts’’ all published by December 1978 and all omit- ported No. 95–20, 95th Congress, 1st Session), and specifically named PEPIC as one of ted from it: ‘‘The CIA and the Cult of Intel- which contained a two-page section, ‘‘Orga- them. I did not ‘‘suggest’’ that Halperin ligence’’ by Victor Marchetti and John nizing Committee For A Fifth Estate’’ (pages ‘‘worked for’’ and ‘‘donated’’ money to Marks; ‘‘Decent Interval’’ by Frank Snepp, 43, 44) in which it identified Counter Spy as PEPIC. I accurately stated that the Fifth Es- and John Stockwell’s ‘‘In Search of En- OC–5’s ‘‘official publication.’’ Under a sub- tate annual report listed him as a member of emies.’’ head, ‘‘Objectives of OC–5,’’ the Senate re- PEPIC’s speakers bureau (which he admits in In addition, there are other works that port said: the next paragraph) and also reported that could be included: ‘‘The Real CIA’’ by Lyman ‘‘As stated in its first annual report, dated all its members would be ‘‘donating Kirkpatrick; ‘‘Street Man’’ by E. C. ‘‘Mike’’ January 1974, of the OC–5, its Counterspy their . . . fees to PEPIC.’’ What reason was Ackerman; ‘‘The Counter-insurgency Era’’ campaign against the intelligence commu- there to doubt the word of OC–5, PEPIC’s by Douglas Blaufarb, and ‘‘The Game of Na- nity of the United States was: creator, on this point? tions’’ by Miles Copeland. ‘‘Designed to locate, train and organize Where were the words in which I told, as he Completely phony, therefore, is Halperin’s those citizens who have the courage and testified, ‘‘an outright lie’’ in a ‘‘scandalous’’ implication that he is absolved of any blame strength to dedicate their lives and their re- attack? for including promoting Agee’s book because sources to changing the current direction of Third paragraph: Halperin’s claim that it is a memoir and thus has to be included in our government and nation. We are looking PEPIC was ‘‘totally independent’’ of the a ‘‘complete’’ list of such works. The truth is S12414 CONGRESSIONAL RECORD — SENATE October 21, 1996 that the list was not comprehensive and any 5. In this same section, the first-listed item The only way to find out is to check his ac- of the above-listed books could have sub- is CAIB’s predecessor and sister publication tual record, as revealed by his testimony pro stituted for Agee’s, but Halperin’s CPR chose which, like it, relished exposing the identi- or con various identities protection bills. to name Agee’s book rather than any one of ties and locations of CIA overseas personnel: Here it is: the others. Why? ‘‘Counterspy. Covered variety of issues in- 1/30/80: House Intelligence Committee, Interestingly, Halperin changed his story cluding CIA in Jamaica, Chile, South Amer- ‘‘Proposals to Criminalize the Unauthorized in submitting his written ‘‘detailed re- ica; CIA use of unions overseas and the Disclosure of the Identities of Undercover sponse’’ to my statement to the committee: League of Women Voter’s Overseas Fund; United States Intelligence Officers and He wrote: Garden Plot (national emergency plan). Se- Agents.’’ Testified for the Center for Na- ‘‘It is true, as the piece [McNamara’s state- lected issues, $1.50 and xerox copies (cost) tional Security Studies, which he directed, ment] claims, that CPR published a Mate- available. (Public Eye.)’’ in opposition to the proposals (p. 66, et sequi- rials List which included Agee’s ‘‘Inside the 6. CounterSpy also turns up in two other tur). Company’’ and the ‘‘Covert Action Informa- sections of Halperin’s CPR ‘‘Materials List’’, 3/27/80: House Intelligence Committee, tion Bulletin.’’ The list also included books as the source for: ‘‘H.R. 6588, The National Intelligence Act of by . . . , all of whom present far different ‘‘ ‘Jordan: A Case of CIA/Class Collabora- 1980.’’ Testifying for the CNSS, Halperin op- views of the CIA. CPR was simply providing tion.’ This booklet describes CIA involve- posed the intelligence identities protection a reference list of materials on intelligence ment in Jordan. 1977; $1.00 (Counterspy, Box provisions of the proposed act (pp. 138–142). organizations.’’ 647, Washington, DC 20044.)’’ Now it is a mere ‘‘reference list.’’ What 6/25/80: Senate Intelligence Committee, Under the SURVEILLANCE OF WOMEN ‘‘Intelligence Identities Protection Legisla- happened to his testimony’s ‘‘complete list subsection, we again find: ‘‘See . . . News- of memoirs’’? Could it be that he lied when tion.’’ Representing the ACLU, Halperin op- letters . . . Counterspy’’ posed the legislation (p. 88, et sequitur). he made that claim? Whatever you do, do not misconstrue any 9/5/80: Senate Judiciary Committee, ‘‘Intel- Was Halperin and his CPR ‘‘simply provid- of the following above-quoted words and ligence Identities Protection Act, S. 2216.’’ ing a reference list of materials on intel- phrases as endorsement of CAIB or Counter- This time, again representing the Center for ligence organizations’’, or promoting some- spy, or as an indication that Halperin, boss National Security Studies (CNSS), he op- thing, when it noted that its Materials List of the CPR, was supporting Agee or his effort posed the bill (p. 98, et sequitur). ‘‘differs from a bibliography in that all ma- to expose CIA personnel: terials can be currently obtained from the ‘‘How to spot a spook—how to research and 4/8/81: House Intelligence Committee, ‘‘H.R. organizations and individuals listed. Please expose CIA personnel—a guide on ‘spotting a 4, The Intelligence Identities Protection request materials from the noted source’’ spook’—a listing of 700 alleged CIA agents in Act.’’ Back this time wearing his ACLU hat, and then, immediately after the title of Western Europe—CIA in Jamaica, Chile, he once more took a position against the Agee’s book, listed the following source: South America—CIA involvement in Jor- proposed law (p. 73, et sequitur). ‘‘(Penguin Books or Center for National dan.’’ 5/8/81: Senate Subcommittee on Security Security Studies.)’’ Why shouldn’t you believe any of the above and Terrorism, ‘‘Intelligence Identities Pro- So it turns out that Halperin’s CNSS not could possibly be mistaken for support for tection Act of 1981—S. 391.’’ Back in his only stocked and peddled Agee’s book, but Agee? Because, in his ‘‘detailed response’’ to CNSS of the ACLU cloak, he again took the his CPR also publicized this fact through its ‘‘the piece’’, Morton Halperin told the SASC ‘‘anti’’ position (p. 70, et sequitur). Materials List! My statement submitted to the Senate To the above-quoted claim about a simple ‘‘I never supported nor condoned his [Agee’s] Armed Services Committee said; ‘‘Halperin ‘‘reference list’’ in his written response sub- activities’’ and Halperin is the very embodi- campaigned hard against all bills introduced mitted for the record to the Armed Services ment of candor, openness and truth! to criminalize exposures of the identities of Committee, Halperin added: HALPERIN AND BILLS TO PROTECT IDENTITIES U.S. intelligence personnel, though the Su- ‘‘The piece goes on to say that ‘Organizing OF U.S. INTELLIGENCE AGENTS preme Court had held (in its Agee passport Notes’ ‘promoted’ ‘Counterspy’ and the ‘Cov- Testifying before the Senate Judiciary decision) that such activities ‘are clearly not ert Action Information Bulletin.’ As with Committee in 1981 as director of the Center protected by the Constitution’.’’ the Materials List discussed above, the piece for National Security Studies (CNSS), Halperin branded my charge ‘‘an outright is misconstruing the presentation of ref- Halperin stated: lie’’ in his written ‘‘detailed response’’ to my erence information as endorsement.’’ ‘‘We do not condone the practice of naming statement submitted to the committee But did I misconstrue the above presen- names and we fully understand Congress’ de- (hearing, p. 182). tation of mere ‘‘reference information’’ sire to do what it can to provide meaningful about Agee’s book as endorsement by protection to those intelligence agents serv- But where was my lie? Can he produce evi- Halperin? Why else would Halperin stock and ing abroad, often in situations of danger.’’ dence in any House or Senate hearing record sell it, but not any other of the nine books It sounded great—as though he and his that he ever supported any bill under consid- on the list? And what about the following CNSS cronies were all for the national effort eration? items in his CPR Materials List, not in- to end the damaging and dangerous expo- Of course not. And why did he make no at- cluded in my original statement? sures of covert U.S. intelligence personnel tempt to refute my charge that the CPR, 1. At the end of the Memoirs by Former and would support legislation to accomplish which he chaired, coordinated the mass sign- Employees section we read: that purpose. ing of letters to the House and Senate which ‘‘See . . . Newsletters—Counterspy, Covert Doubts about that existed, however, be- urged the weakening of bills under consider- Action Information Bulletin. ... cause of another statement Halperin, this ation? 2. In the Research section (p. 3) we also time speaking for the ACLU, had made to As a member of AFIO, the Association of read: Former Intelligence Officers—whose mem- ‘‘See . . . CIA—‘Dirty Work’ (article on the Senate Intelligence Committee a year bers represent every intelligence agency of ‘How to Spot a Spook’)’’ [‘Dirty Work’ was earlier: the U.S.—I was aware that in 1980 it had the short title for Agee’s book, ‘Dirty Work: ‘‘I think a citizen has a right to impair and passed a resolution urging enactment of an The CIA in Western Europe’]. impede the functions of a Government agen- identities protection bill and followed devel- ‘‘Newsletters: ‘Covert Action Information cy, whether it is the Federal Trade Commis- opments in this area closely. John Warner, Bulletin’ (How to Research and Expose CIA sion or the CIA. The fact that your intent is former General Counsel of the CIA, was serv- personnel).’’ impair or impede does not make your activ- 3. In the CIA ‘‘Specific Countries or Re- ity a crime if it is otherwise legal.’’ ing as legal adviser to AFIO in 1982 when gions’’ section, we are again treated to: Halperin placed no restrictions or limits on Congress passed, and the President signed, ‘‘ ‘Dirty Work: The CIA in Western Eu- the devices used ‘‘to impair and impede,’’ the desired protection bill. Commenting on rope.’ Philip Agee and Louis Wolf. Compila- leaving open the possibility that even the the March 18 Senate 90–6 vote for the bill, tion of articles, a guide on ‘spotting a technique of impairing by deliberate expo- Warner wrote in Periscope, official AFIO spook,’ and a listing of 700 alleged CIA sure of covert intelligence personnel was any newsletter: agents in Western Europe. 1978. $24.95. $10.00 citizens ‘‘right’’ in his view [a year later, the ‘‘This vote is a significant achievement for discount if purchased from ‘Covert Action Supreme Court held that such exposures those who support a strong and effective in- Information Bulletin’ with a subscription ‘‘are clearly not protected by the Constitu- telligence service. The American Civil Lib- order. (Lyle Stuart, Secaucus, NJ or CAIB.)’’ tion’’, i.e., they are not any citizens erties Union (ACLU) and the Center for Na- 4. In the Newsletters section, the CAIB is ‘‘right’’]. tional Security Studies (CNSS) (read: Jerry the second one recommended (p. 12). Its pro- Additionally, in testimony before the Berman and Morton Halperin respectively) motion takes this form: House Intelligence Committee in 1981, again had great influence in proposing some weak- ‘‘Covert Action Information Bulletin. Fol- representing the ACLU, Halperin had stated: ening amendments which had been given ap- lowing in the footsteps of Counterspy, this ‘‘I am not sure we would ever reach the proval by the House Intelligence Committee periodical has included articles about CIT point where we would support any legisla- on HR–4 and the Senate Judiciary Commit- activities in Jamaica, research ideas, and tion [to criminalize the deliberate exposure tee on S–391. The bills as reported by these CIA recruitment of foreign officers. Pub- of agents].’’ two committees were amended, however, lished bimonthly; $10.00 a year in U.S., $16.00 Just where did the slippery-worded after floor debate in the House and Senate, overseas. (CAIB)’’ Halperin really stand on the issue? to the language supported by President October 21, 1996 CONGRESSIONAL RECORD — SENATE S12415 Reagan, CIA, the Department of Justice— have not had authorized access to classified time, began featuring an ‘‘Update’’ section, and AFIO. (Jerry Berman of ACLU was information is inherently flawed . . . the saying that the section was ‘‘a combined ef- quoted in the Washington Post after the Sen- Constitution does not permit the prosecution fort of First Principles [published by ate vote, as admitting ‘we [ACLU] took a of those individuals.’’ Halperin’s CNSS] and Organizing Notes [pub- bath.’) The record bears out Romerstein’s claim. lished by Halperin’s CPR].’’ ‘‘While ACLU and CNSS apparently can in- Later in his testimony that same day, My statement noted that ‘‘CounterSpy’’ fluence some congressmen and certainly ini- Halperin stated emphatically that once was on the Steering Committee of both the tially had their way in the House and Senate someone had gotten the name of an agent by CSGS and the CPR, and that the ‘‘Covert Ac- committees, the majority sentiment in both some means other than official access ‘‘the tion Information Bulletin (CAIB)’’ was also houses, when it came to a floor vote, dem- cat is out of the bag . . . there is no way con- on that of the CPR (not formed until 1978, onstrated strong congressional support for stitutionally to deal with the problem.’’ the CAIB did not exist when the front was CIA and the US intelligence effort.’’ It has been Halperin’s consistent position launched in 1977 under its CSGS title), and Warner was thoroughly justified in pairing that, while an Agee could be punished for re- commented that ‘‘as chairperson of both . .. Berman and Halperin in his account. Ber- vealing agents’ identities he had learned by Halperin must have had some say about just man, an ACLU attorney, served as counsel authorized access to classified information, which groups would be invited to join, and for its Project on National Security which such conduct by others who have learned which would be selected for leadership posi- Halperin directed. He also served as chief identities by other means is completely pro- tions in, his organization.’’ legislative counsel for the Center for Na- tected by the Constitution and cannot be Halperin’s reply to the Armed Services criminalized. tional Security Studies which Halperin also Committee: ‘‘The piece tries to link me to How, then, could he have supported bills directed and, over the years had worked ‘‘CounterSpy’’ and OC5 through my chair- that took a contrary position, as the one hand-in-glove with Halperin on many issues manship’’ [of CSGS–CPR]. ‘‘It lists a number involving intelligence and national security, eventually enacted did? And how could he, without lying, tell the of the member organizations of CPR and its opposition to enactment of an agents’ identi- Senate Armed Services Committee in his steering committee . . . and asserts that I ties protection bill being just one of them. written reply to my charges that he ‘‘worked had control over that membership. On the On June 24, 1982, I attended a hearing of contrary, the policy of CPR at that time was the Senate Subcommittee on Security and hard . . . to formulate constitutional laws that imposed strict criminal penalties on that any organization could join.’’ Terrorism. Berman was there, too. When the those who would reveal undercover agents’’? Another Halperin lie. I did not write that session ended, we spoke briefly in the hall he ‘‘had control’’ over the CSGS–CPR mem- MORTON HALPERIN: THE NON-CHAIR, NON- outside the hearing room. Referring to Presi- bership, but only that he ‘‘must have had DIRECTOR, NON-ENTITY? dent Reagan’s signing the identities protec- some say’’ about it. Did he attend any meet- Halperin has held important-sounding ti- tion bill into law at CIA headquarters the ing at which the CPR’s ‘‘open to all’’ policy tles in the anti-security, anti-intelligence day before, Berman said to me: was discussed or agreed upon. Did he say so drive of the ’70s and ’80s. The ACLU, having ‘‘It’s incredible how Mort [Halperin] and I much as a word about it—pro or con? The given ‘‘top priority’’ in 1970 to a nationwide kept Congress from doing anything about it chairperson of a group having absolutely no driven aimed at ‘‘the dissolution of the Na- for six years.’’ say at all about so basic an issue? Come on! The ‘‘it’’, of course, was the deliberate ex- tion’s vast surveillance network’’ (its collec- My statement also noted that ‘‘Organizing posure of covert U.S. intelligence personnel tive description of the CIA, NSA, DIA, FBI, Notes,’’ the publication of the CPR which by Agee, ‘‘CounterSpy’’ and the ‘‘Covert Ac- etc. and the security-intelligence elements was chaired by Halperin ‘‘routinely pro- tion Information Bulletin’’. of state and local police) that same year set moted both Agee’s ‘‘CAIB’’ and ‘‘Counter- That statement, coming from his close up the Committee for Public Justice (CPJ) Spy’’ as containing worthwhile material of working associate for a period of years on headed by the unrepentant ‘‘ex’’-Communist, value to its readers,’’ and commented that such matters—combined with the bill hear- Lillian Hellman who, when she died in 1984, ‘‘as chairperson of the CPR he had to be re- ings record cited above—reveals Halperin’s left part of her $4 million estate for the es- sponsible for its contents, just as he was for true position on the question of ‘‘naming tablishment of a fund for Communist writ- the contents of the CPR’s ‘Materials List’.’’ names.’’ According to Berman, they—he and ers. Halperin served on the executive coun- Halperin—did not want Congress to do any- cil, newsletter committee and wrote for the Halperin’s response to the committee: thing to stop the continuing exposure of newsletter of the CPJ which had the FBI and ‘‘This is false; an editorial staff made deci- American intelligence agents; they did not Department of Justice as its targets. sions about its contents.’’ think they had a chance of succeeding in In early 1974, the ACLU Foundation, joint- What kind of dim-witted ‘‘refutation’’ is their efforts on the issue; yet, in an ‘‘incred- ly with the Fund for Peace, organized the so- this? Does the fact that the chairperson of an ible’’ development, they had prevented any called Center for National Security Studies organization has an editorial or any other effective Congressional action for six full (CNSS) to serve as the research and docu- kind of staff free him of all responsibility for years! [Their intense lobbying, buttonholing, mentation element of the drive. Halperin the work it does, no matter how atrocious its testifying and related actions were known to soon became CNSS director and held that product? Please! all interested in the matter]. post until he resigned in late 1992, remaining My statement also said: ‘‘Halperin’s ‘First One thing is clear. Halperin lied when he as Chair of its Advisory Committee. The Principles’, like ‘ON’,’’ also routinely gave accused me of lying about his opposition to next creation was the Project on National favorable notice to the contents of current intelligence agents identities protection Security and Civil Liberties, sponsored by issues of both ‘‘CounterSpy’’ and ‘‘Covert Ac- bills. the ACLU Foundation and the CNSS (headed tion Information Bulletin.’’ He also lied to Senator Levin on the issue by Halperin). Halperin also became director Halperin’s response: Not a word. in his Armed Services Committee testimony, of this litigating arm of the nationwide oper- Strange. As director of both the ACLU‘s according to Herbert Romerstein, now re- ation. In September 1975, ‘‘First Principles’’ Project on National Security and its Center tired, who headed the USIA’s Office to was launched, published by the Project on for National Security Studies, each at dif- Counter Soviet Disinformation and Active National Security and Civil Liberties, which ferent times the publisher of ‘‘First Prin- Measures and, before that, was a professional Halperin directed. Halperin became the chief ciples’’ (which, like his CPR, had an editorial staff member of the House Intelligence Com- editorial writer for this information-propa- staff), Halperin says elsewhere that he is mittee when Halperin testified before it on ganda newsletter of the drive. Finally, when ‘‘proud’’ of his work with the two organiza- agent identity bills in 1980. the Campaign to Stop Government Spying tions and expects to be ‘‘held accountable’’ Responding to a question by the Senator (CSGS) was organized as a united front agit- for it. He does not offer in this case, how- about his role in the House Intelligence Com- prop force for the operation in 1977, Halperin ever, the ridiculous ‘‘no responsibility’’ de- mittee’s action on an identities protection emerged as its chairman. He retained his fense he offered in the case of the CPR’s ‘‘Or- bill ‘‘making it a crime to disclose the iden- chairmanship of this anti-intelligence con- ganizing Notes.’’ At the same time, while re- tity of covert intelligence agents,’’ Halperin glomerate when it changed its name the fol- fusing to accept responsibility for the CPR’s testified— lowing year to the Campaign for Political organizational membership and leadership ‘‘That is right Senator. It was in two parts. Rights (CPR) and held the post until the and its repeated plugs for Agee’s publica- There was a part relating to people like Phil- CPR folded in 1984 or so. tions, he apparently accepts responsibility ip Agee, who were former government offi- The CPR initially billed itself as ‘‘a project for its Materials List compilation of CIA cials, which we actively supported from the of the Youth Project’’ of Washington, D.C. It memoirs by presenting a false argument in beginning, and there was a second provision later described itself as ‘‘a national coalition its defense. Just where does he stand on this which put the people who were naming of over 80 religious, educational, environ- issue of his authority, responsibility and ac- names out of the business of naming names mental, civic, women’s Native American, countability? while protecting the right of legitimate jour- black, latino and labor organizations which He has a language problem here. Webster’s nalists to report on intelligence matters.’’ have joined together to work for an end to Dictionary of the American Language de- Halperin ‘‘was not telling the truth,’’ covert operations abroad and an end to polit- fines ‘‘chairperson’’ as one who ‘‘heads a Romerstein wrote in ‘‘Human events’’ short- ical surveillance and harassment in the Unit- committee, board, etc.’’ and variously de- ly after Halperin’s appearance, ‘‘I was ed States.’’ 3 fines ‘‘head’’ as ‘‘a dominant position, posi- present during his testimony’’ and in it he The CPR began publishing ‘‘Organizing tion of leadership or first importance . . . a said ‘‘any effort to cover individuals who Notes’’ (‘‘ON’’), its official monthly which, in foremost person; leader, ruler, chief, etc’’; S12416 CONGRESSIONAL RECORD — SENATE October 21, 1996 says that as an adjective says means ‘‘most that could be cited to demonstrate how ridic- ‘‘a great opportunity to continue my work important; principal; commanding, first’’ ulous Halperin’s claim about Agee’s sources of recent years . . . so that the people are and, as a transitive verb, ‘‘to be chief of; is: able to learn about the methods, or exactly command.’’ The Supreme Court, in its 1981 decision up- how to identify the CIA personnel in dif- A director, it says, is a ‘‘supervisor, man- holding the authority of the Secretary of ferent countries’’ (emphasis added). ager; a person who directs or controls’’; that State to deprive Agee of his passport, point- [Schaap said Halperin’s CNSS was rep- ‘‘direct’’ means ‘‘to manage the affairs of; ed out that when Agee released a list of al- resented in Havana for the occasion and that guide; conduct; regulate control’’; leged CIA agents at a 1974 London press con- a Damu Smith was also there on behalf of So, for example, I was deeply involved in ference, he said the list— Halperin’s Campaign to Stop Government the ACLU decision to file amicus briefs on ‘‘was compiled by a small group of Mexican Spying (CSGS).] behalf of. . . . comrades whom I trained to follow the com- Louis Wolf, the ‘‘CAIB’’ editor who co- ‘‘So I did have a line responsibility for de- ings and goings of CIA people before I left edited ‘‘Dirty Work’’ with Agee, addressed cisions about what cases to undertake or Mexico City’’ [where he had been working on over 500 delegates to the Havana Youth Fes- what amicus briefs to file.’’ (pages 33, 34. Em- his first book]. tival, describing in detail how they should go phasis added). The Court also noted, based on unchal- about uncovering the identities of CIA per- If Helperin exercised this much authority lenged judicial evidence, that Agee travels to sonnel who were using military and diplo- in the ACLU itself where he was technically target countries and— matic cover. The ‘‘CAIB’’ reprinted the text merely in charge of its Washington office, ‘‘recruits collaborators and trains them in of his remarks for their educational value in how much more power must he have wielded clandestine techniques designed to expose its second (10/78) issue. in its various projects, fronts, etc. in which the ‘cover’ of CIA employees and sources.’’ Agee himself, in addition to attending the he was technically the overall boss as direc- In the introduction to his first book, ‘‘In- Soviet-engineered festival contributed an ar- tor, chairman, etc.? side The Company: CIA Diary,’’ Agee ticle to the first issue of ‘‘CAIB’’ distributed thanked the Cuban Communist Party, other HALPERIN’S HOKUM ON AGEE’S SOURCES gratis to the delegates. His article was no Cuban agencies and a number of individuals more than a somewhat altered version of the Responding to my charge that Halperin and groups in New York City, London, Paris introduction to ‘‘Dirty Work.’’ In it he said had testified that ‘‘it is difficult to con- and Mexico City for the help they had given that ‘‘a continuing effort—and a novel form demn’’ people who expose CIA personnel on him in collecting data and research mate- of international cooperation’’ could ulti- the basis of information gleaned from State rials for it. mately lead to the exposure ‘‘of almost all of Department documents, he claims that my As Jeff Stein wrote of ‘‘Inside The Com- those [CIA personnel] who have worked statement ‘’completely misrepresents’’ his pany,’’ in ‘‘The Village Voice’’: under diplomatic cover at any time in their views and that ‘‘when the context for that ‘‘the book drained his [Agee’s] mind of careers.’’ He spelled out the five-step method fragment is provided’’ it is ‘‘clear that the every agent, code name, and cover operation he had in mind for accomplishing this, which quoted clause did not refer to someone like he could remember.’’ included the acquisition of lists of all Ameri- Philip Agee who learned identities as a re- His ‘‘Covert Action Information Bulletin’’ cans employed in official U.S. offices in each sult of access to classified information.’’ stated truthfully in its issue of January, country, obtaining old Foreign Service Lists More Halperin hokum—as he makes clear 1979: and Biographic Registers from libraries, get- in placing the ‘‘fragment’’ in context. His ‘‘The naming of names in books and in ting copies of the Diplomatic and Consular exact testimony read: publications like this Bulletin have nothing Lists regularly published by all Foreign Min- ‘‘I think where the CIA has not seen fit to to do with people Philip Agee may have met istries, etc. provide appropriate cover for individuals, while in the employ of the CIA. And, of Check the information obtained carefully, and it is easy . . . it determine the name course, Louis Wolf [a member of the Bul- he said, then publish it and organize dem- simply by looking at State Department pub- letin’s editorial board] and most of the other onstrations: ‘‘Peaceful protest will do the lications, that it is difficult to condemn peo- journalists who are engaged in this struggle job. And when it doesn’t, those whom the ple who do that.’’ (emphasis added) to expose the CIA were never in such govern- CIA has most oppressed will find other ways That is precisely one of the things Agee ment employ.’’ of fighting back’’ a backhand watch to vio- and his CounterSpy—CAIB crews were William Schaap, Ellen Ray, and Louis lence against CIA personnel. doing—‘‘looking at State Department publi- Wolf, all CAIB editors, testified before the From the viewpoint of Halperin’s oper- cations,’’ specifically its unclassified For- House Intelligence Committee in January ations, however, the most interesting item eign Service List and Biographic Register, 1980. Speaking for the group, Schaap said: was the opening sentence in the third of his among others. The first contained the names ‘‘You might all be interested to know that five-step methods: of all U.S. Foreign Service officers and the Mr. Agee has not, to our knowledge, named ‘‘Check the names as suggested in the var- second brief biographic sketches of all U.S. any names in more than 3 years, and that ap- ious articles in ‘Dirty Work,’ especially John employees working in the field of foreign af- plies as well to both ‘‘Dirty Work’’ and Marks ‘How to Spot a Spook.’ ’’ fairs, which obviously embraces many more ‘‘Dirty Work 2,’’ the two books which we sit- Who was John Marks? than State Department personnel. ting before you have coedited [with Agee].’’ The November 1974 Washington Monthly This practice was clearly what I was refer- The late Rep. Larry McDonald stated in which originally published his ‘‘spook’’ arti- ring to in my words ‘‘information gleaned Congressional Record remarks on July 20, cle, noted that he was ‘‘an associate’’ of from State Department documents,’’ and I 1976: Halperin’s CNSS, as did the Washington Post placed his quote completely in its correct ‘‘It is known that the names of alleged CIA when it published his article, ‘‘The CIA’s context, his claim to the opposite notwith- personnel in London featured in the Spring Corporate Shell Game’’ in 1976 (both of which standing. ’76 issue of ‘‘CounterSpy’’ were provided by were reprinted in Agee’s ‘‘Dirty Work’’). At Because it was known that analyses of the International Marxist Group, a British the time Agee was preparing his above-men- these publications were being used by the Trotskyist group associated with the FI tioned ‘‘CAIB’’ article with its promotion of Agee crowd and others to help them uncover [Fourth International, the Trotskyist equiv- Marks’ opus, Halperin’s ‘‘First Principles’’ CIA personnel using diplomatic cover, the alent of the Comintern], headed by IPS’s [In- listed Marks as the ‘‘CIA Project Director’’ Department announced in early 1976 that it stitute for Policy Studies’] Tariq Ali.’’ for the CNSS, which Halperin directed. was halting publication of both. The Foreign McDonald also revealed in the June 16 Halperin’s CNSS reprinted and sold Marks Service List would not appear again, and the Record that year that the names of the al- CIA corporate shell game article in pamphlet Biographic Register, last published in 1974, leged CIA personnel in Africa named in the form. Marks was also a member of the would be classified ‘‘for official use only’’ same ‘‘CounterSpy’’ issue had been provided Speakers Bureau of Halperin’s CSGS, and his when again released, and contain more dis- by the Black Panthers and the left-wing spook article was promoted by Halperin’s creet background information. Paris publication, ‘‘Liberacion.’’ CNSS and CPR (e.g., see previous Materials It is amazing that Halperin would assert in Agee cites Julius Mader’s ‘‘Who’s Who in List section). 1993 that his words, as quoted completely in the CIA’’ as a source. Published in 1968, this A former employee of the State Depart- context by me ‘‘did not refer to someone like was a joint production of the Communist ment’s Bureau of Intelligence and Research, Philip Agee who learned identities as a re- East German and Czech intelligence services Marks first won notoriety when, under the sult of access of classified information.’’ (Mader was an East German intelligence offi- name Terry Pollack, he wrote an article, (emphasis added) cer). Deliberately, only about half those list- ‘‘Slow Leak In The Pentagon,’’ for Ramparts Why? Because only an idiot would believe ed in it were actually CIA personnel. magazine in 1973. Subtitled ‘‘the informal art that, 10 years after he left the CIA after serv- When Agee and William Schaap announced of leaking,’’ it recounted how a federal em- ice in only three countries, Agee could be the publication of the ‘‘CAIB’’ at the Mos- ployee with access to top-secret Pentagon making continuing exposures of Agency per- cow-sponsored 11th World Festival of Youth documents had come across a highly sen- sonnel, fronts and covert operations in all and Friendship in Havana in July 1978, they sitive paper of the Joint Chiefs of Staff and, parts of the world on the basis of the official also announced the formation of Counter- through a Congressional aide, leaked it to access he had had while in the CIA. The CIA Watch, which was to be a worldwide network the New York Times. A leakers A–B–C, it simply is not ‘‘built’’ to give any of its em- of agents dedicated to exposing CIA person- was believed to be autobiographical. ployees such knowledge. Consider, in addi- nel everywhere. Agee said Counter-Watch The evidence is thus overwhelming that tion, the following among other similar facts would give him— Agee’s ‘‘CounterSpy—CAIB’’ exposures of October 21, 1996 CONGRESSIONAL RECORD — SENATE S12417 CIA personnel, contrary to Halperin’s testi- other among them being printed in bold type he directed, Halperin comments that he is mony, are not based on his access to classi- for emphasis. ‘‘proud’’ of his work with the groups and fied information while in the employ of the It also noted that the magazine did not say claims it is ‘‘absurd’’ to imply that he was CIA. To put it another way, there is a super- what the special thanks to Halperin were for, ‘‘in any way supporting’’ the magazine be- abundance of information indicating that but offered several possibilities based on the cause of this. public record. Perhaps, I suggested, it was Morton Halperin, the claimed and alleged No doubt he would make the same com- for many speeches he had made, turning over authority on intelligence and national secu- ment had I included another similar fact in his fees, as pledged, to PEPIC; perhaps for rity, is in reality a pathetic ignoramus about my statement: that the initial issue of his favorite review of Agee’s book in ‘‘First such matters. Agee’s ‘‘CAIB’’ featured on its inside back And isn’t it strange that Halperin, who has Principles’’, but concluded logically ‘‘it could have been for any number of things he cover an item entitled ‘‘Publications of In- repeatedly testified that he is opposed to terest’’ and a subhead ‘‘Some Worthwhile ‘‘naming names,’’ that he has counseled oth- might have done for ‘‘Counterspy’’. All we can do is speculate—until Halperin reveals it Periodicals.’’ Only four periodicals were list- ers not to do so when asked for advice on the ed under the subhead presumably because matter [who and when?] and, that he ‘‘de- with substantial evidence to support whatever claim he makes.’’ they were the only ones Agee and his crew tests’’ what Agee does, should have as direc- knew of and believed would be useful to the tor of his CIA studies-action program, a man Halperin’s response: ‘‘It is difficult to respond to an accusation as vague as this one. delegates to the Soviet-sponsored Havana known throughout the world for his pioneer- conference and to ‘‘CAIB’s’’ other readers. ing article on the techniques for uncovering . . . I do not in fact know what motivated the and exposing covert U.S. intelligence offi- editors of ‘‘Counterspy’’ to mention me.’’ The first-listed was ‘‘First Principles,’’ the Fact: I did not accuse Halperin of any- cers? And isn’t it also strange, in view of his organ of Halperin’s CNSS, its address and thing, vague or otherwise. I simply stated a same testimony, that his CNSS and CSGS– subscription price followed by this par- fact he cannot dispute: ‘‘Counterspy’s’’ pub- CPR have given so much favorable mention enthetical statement: ‘‘An excellent review licly printed special thanks to him and to Marks’ ‘‘spook’’ article? of the abuses of the U.S. intelligence com- called on him to say what they were for. [FBI agents searching the apartment of munity, with a comprehensive bibliography Do you believe that he does not know what in each issue.’’ Halperin’s friend and convicted spy [——— they were for? ———], found three photocopies of State De- Following the murder of CIA station chief Third listed was ‘‘Organizing Notes,’’ the partment biographies on foreign service per- Richard Welch in Athens in December 1975, newsletter of Halperin’s CPR. Noting that it sonnel with this typed notation on them: ‘‘Counterspy’’ was probably the most notori- was ‘‘available by request to the Campaign’’, ‘‘Almost definite spook.’’ Truong was a stu- ous and despised publication in the non-Com- the CAIB made this comment after giving its dent of Halperin’s CIA Project Director, munist world. As it continued its exposures, address:’’ (It is suggested that foreign re- John Marks, even adopting his language to the initial denunciations of it—strong as quests include a contribution to cover air- designate suspected CIA officers.] they were originally—grew more intense in mail postage.) (A review of activities in the But is Halperin really that ill-informed the press, on radio and TV, on the floor of U.S. involving the surveillance practices of and unintelligent? Congress and in other public forums. And the CIA, FBI, and other intelligence agen- There is evidence to the contrary. In the what did readers see immediately upon open- cies.)’’ same testimony in which he said it is ‘‘dif- ing the issue that, in effect, marked the first ficult to condemn’’ exposers who had never [The other two listed were the publications anniversary of Welch’s death? of the New York-based North American Con- had access to classified information but On the contents page, under the names of gress on Latin America and a ‘‘counterspies’’ learned identities by various analytical tech- ‘‘Counterspy’s’’ editorial board members and magazine published in London.] niques, he revealed thorough knowledge of the two ‘‘coordinators’’ of the issue, an item the instruments used in their analyses: he calling special attention to Halperin’s name What was the significance of this ‘‘CAIB’’ referred to the State Department’s halting as one meriting the magazine’s gratitude. item? publication of the Biographic Register, of Not only that, but just about opposite it was Agee and his ‘‘CAIB’’ cronies had been in Embassy telephone directories; pointed out the title of an article beginning on page 26: the business of naming names for at least that articles on identification methods had ‘‘CIA Around the World/Who was Richard five years (since the first issue of ‘‘Counter- been widely distributed (a reference to his Welch/CIA Agents Named in Europe and Spy’’ was published in 1973) when they friend John Marks ‘‘How to Spot a Spook’’, Zaire.’’ That was really rubbing it in. launched their magazine in Havana in 1978. which he had publicized), etc., and testified If, as Halperin testified, he ‘‘detests’’ Agee During those five years they had full oppor- knowingly that ‘‘the people who want to and what he does, he must have cringed in tunity to analyze reactions pro and con their publish the names of agents, the Covert Ac- shame. He surely was so mortified that he operations and to draw conclusions about tion Publishers, don’t need the advice of Mr. would never be able to forget the incident who their enemies, critics, opponents, etc., Agee or any other former official; they could and what caused it, no matter how many were and also who their supporters, allies, do it without that, and don’t need access to years passed. His good name tarnished for- defenders, sympathizers and apologists were. classified information.’’ ever! Clearly, Halperin knew that the exposures But he apparently has no recollection of ‘‘First Principles’’ had been published in Agee’s ‘‘CounterSpy—CAIB’’ were not the incident or what led to it! since 1975, ‘‘Organizing Notes’’ since 1977. based on access to classified information. Presuming he was really desirous of an- The ‘‘CAIB—CounterSpy’’ personnel had ap- Why, then, was he spreading the hokum swering my ‘‘vague accusation,’’ couldn’t he parently read or subscribed to them because, that Agee’s identities were ‘‘a result of ac- have gotten in touch in some way with Julie as my original statement noted, ‘‘Counter- cess to classified information’’? Only Brooks and/or Harvey Kahn, coordinators of Spy’’ had more than once given favorable no- Halperin can answer that. that ‘‘CounterSpy’’ issue—or Tim Butz, Eda tice to both. Sufficient time had elapsed for But it is clear what would have happened if Gordon, Winslow Peck, Dough Porter, or the CAIB people to assess the past perform- the House and Senate believed the line he Margaret Van Houten—all editorial board ance of both publications and, presuming the was peddling: Congress would have enacted members at the time and presumably knowl- continuance of their leadership, their likely identities ‘‘protection’’ legislation that was edgeable about the reason for future activity. completely useless. Criminalizing only expo- ‘‘CounterSpy’s’’ gratitude. Did he try? If so, and he reached one or Perhaps it was absurd for Agee and his col- sures based on authorized access to classified several of them, what was he told? If he laborators to bring Halperin’s publications information, it would not touch Agee be- didn’t try, why didn’t he? to the attention of all readers of ‘‘CAIB’s’’ cause it could not be retroactive and he is in- Finally, there is this: Halperin compiled first issue, with its ‘‘Worthwhile’’ plug, in a capable of additional such exposures, having for the committee a detailed list of honors mistaken belief about their basic orienta- long ago exhausted his knowledge of that and awards he has received, his employment tion. If it was, I, for one, can easily under- type. record, organization memberships, published stand how they made their mistake because Basically, the only real result would be to writings, the texts of speeches he had deliv- Halperin fooled me, too, on this issue. Clear- protect the Agee’s ‘‘CounterSpy—CAIB’’ ered, etc. going back years prior to 1976. ly, it was an ‘‘absurd’’ mistake for me to be- cabal from prosecution while it continued its Strange, isn’t it, that this is one thing ap- lieve that anyone else would ever think that dirty work of exposing covert U.S. intel- parently not recorded or recalled: Halperin supported ‘‘CAIB’’ or ‘‘CounterSpy’’ ligence officers, by analytic technique, thus But, let’s be fair to Morton. As he told the in any way simply because of the com- endangering their lives as well as the na- committee, my accusation was ‘‘vague,’’ plimentary notices those Agee magazines tional security. really vague, so vague as to be ephemeral, gave his publications. NY ‘‘VAGUE ACCUSATION’’ amorphous. Since it was based completely on THE REVOLUTIONARY MESSAGE IN THE My statement opposing Halperin pointed ‘‘innuendo,’’ expecting him to respond to it HALPERIN-CPR ‘‘MATERIALS LIST’’ out that ‘‘part of the public record of Morton would be like asking him to bottle smoke or Halperin’s actions relative to ‘Counterspy’ . nail jello to a wall. Chaired by Halperin, the CPR was so thor- . . and Philip Agree’’ was the fact that he had JUST HOW ‘‘ABSURD’’ WERE COUNTERSPY AND oughgoing in its efforts to discredit U.S. in- been singled out for praise in ‘‘Counterspy’s’’ CAIB? telligence agencies that it sought out every winter ’76 issue which extended ‘‘special Admitting my charge that ‘‘CounterSpy’’ possible item that could be used against thanks’’ to 21 people, his name and nine included on its ‘‘Resource List’’ two groups them, even peddling buttons proclaiming S12418 CONGRESSIONAL RECORD — SENATE October 21, 1996 what it deemed appropriate messages. The Internal Security, Committee on the Judiciary, would like to give special thanks for last section of its list offered for $1.00 a 2′′ di- United States Senate, 94th Congress, First Session, September 18, 1975. ‘‘Freedom of Information Act— the hard work and consummate profes- ameter button proclaiming ‘‘I am Kathy sionalism of Jeri Thomson, the execu- Power.’’ Appendix’’ Hearings, Subcommittee on the Constitu- tion, Committee on the Judiciary, United States What did this signify? tive assistant for the minority, who Senate, Ninety-Seventh Congress, First Session, has provided invaluable assistance to Katherine Ann Power (‘‘Kathy’’ to her July–December, 1981, Volume 2, Serial No. J–97–50, friends, allies and defenders), charged with pp. 383–430. me and to my Democratic colleagues. murder, armed robbery, theft of government ‘‘FOIA: A Good Law that Must Be Changed,’’ All Senators, I am sure, are grateful property and unlawful flight to avoid pros- Human Events, October 29, 1983, pp. 10–13, particu- for the counsel and support they re- ecution, turned herself in to authorities in larly 13. ceive from the staff who work the Sen- ‘‘Will ‘Mr. Anti-Intelligence’ Get Key ACLU September 1993 after 25 years as a fugitive ate floor and Cloakrooms. That assist- from justice. On the FBI’s Ten Most Wanted Post?,’’ Human Events, December 29, 1984, pp. 10–13, list for 14 of those years—longer than any 16. ance has become even more valuable to 3 CPR member organizations included, in addition other woman in history—she had been me since I became Democratic leader. to ‘‘CounterSpy’’ and ‘‘Covert Action Information Our Democratic floor staff works dropped from it in 1984 for lack of any clues Bulletin,’’ the National Lawyers Guild, cited as a to her whereabouts. How had she ‘‘made’’ the Communist front by House and Senate investigating under the excellent leadership of Marty list? committees, the National Alliance Against Racist Paone, the Secretary for the Minority. ‘‘Kathy,’’ sister revolutionary Susan Saxe, and Political Repression and National Committee Under great pressure, often with little and three ex-convicts—all ‘‘anti-war’’ stu- Against Repressive Legislation, both cited by the time and with little margin for error, dents at Brandeis University—broke into a House Committee on Internal Security; Women National Guard armory in Newburyport, MA, Strike for Peace, by the House Committee; the Na- Marty has time and again provided on September 20, 1970 and stole blasting caps, tional Emergency Civil Liberties Committee, also wise counsel to me and to my Demo- by both Senate and House committees, and a consid- cratic colleagues. Despite the pres- 400 rounds of .30-caliber ammunition, radios erable number of violence-advocating groups such as and a pickup truck in preparation for their the Black Panther Party and American Indian sures, Marty always finds time to re- coming revolution against the U.S. Three Movement, as well as a number of church-affiliated spond to questions from Senator and days later, they robbed a Boston branch of organizations.∑ staff alike—everything from the rou- the State Street Bank and Trust of $26,000 to f tine question about timing of votes to help finance that revolution. As he ap- the most complex analysis of par- proached the front door of the bank in re- TRIBUTE TO THE SENATE STAFF sponse to a silent alarm, police officer Wal- OF THE 104TH CONGRESS liamentary procedure. The rare com- ter Schroeder, a 41-year old father of nine, bination of a sharp mind, even tem- was shot dead when one of the convicts, act- ∑ Mr. DASCHLE. Mr. President, as the perament, and indepth experience ing as a lookout, emptied his machine gun 104th Congress comes to a close, I want makes Marty one of the most valuable into the officer’s back. Kathy drove the get- to recognize some of the people with- officers of the Senate, and I want to away car. out whom the Senate simply could not thank him and recognize him for that. The three convicts were captured shortly operate—the loyal staff who served this Marty is assisted by the hard work of thereafter. Power and Saxe, also wanted for institution with great dedication and the $6240 holdup of the Bell Savings and Maura Farley McGee and Sue Spatz. Loan Association in Philadelphia on Septem- pride. Day-to-day management of the floor ber 1, 1970, escaped. A thoroughly unrepent- The sacrifices staff make are largely operation is in the capable and ener- ant Saxe, captured in 1975, pleaded guilty to unknown to most people outside the getic hands of Lula Davis, the Assist- all charges the following year. Senate. For instance, during the final ant Secretary to the Minority. Lula’s ‘‘Kathy’’ Power continued to elude au- weeks of this session, many of the staff ability to juggle multiple tasks—from thorities for 18 more years—a tribute to the of the House and Senate appropriations negotiations over bills that we seek to effectiveness of the terrorist underground in committees worked over 100 hours the U.S. Since her surrender, she has been of- clear by unanimous consent, to advis- fered $500,000 for her story. State judge Rob- straight to finalize the omnibus appro- ing Senators and staff on legislative ert Banks, sentencing her to 8–12 years and priations bill. When I leave for home strategy, to acting as informal fashion 20 years probation for the robbery-murder, after a late night, I generally pass by adviser to many of my colleagues— directed that she not profit a penny by her the Official Reporters of Debates, who demonstrates her tireless dedication to story or he would change her sentence to life face several more hours in the office to making things work around here. imprisonment, declaring: finish up that day’s CONGRESSIONAL ‘‘I will not permit profit from the lifeblood Working on the Democratic floor staff of a Boston police officer.’’ Schroeder’s eld- RECORD. with Marty and Lula during the 104th est child, Clare, now a police officer herself, Anyone who understands the Senate Congress have been Art Cameron and in court at Power’s sentencing, commented, understands the crucial role staff Kelly Riordan, both of whom we have ‘‘He gave his life to protect us from people plays. Today, I want to thank all Sen- since lost to the Treasury Department like Katherine Power.’’ ate staff for their service to the Senate and law school, respectively, and Gary A federal judge later sentenced Power to and to the Nation. Myrick and Paul Brown, who have five years for the armory robbery (to be In particular, I want to mention served concurrently with the state sentence) moved from the Cloakroom and the and a $10,000 fine. Power’s lawyers and the some of the people who are responsible Democratic Policy Committee, respec- Massachusetts ACLU—true to typical ACLU for the daily operations of the Senate. tively. They were all assisted by the performance—are appealing the no profit ele- I begin by expressing my gratitude to hard work of Brad Austin, who leaves ment of her robbery-murder sentence as vio- the office of the Secretary of the Sen- shortly for a professional adventure in lating her First Amendment right to free ex- ate. We have a new Secretary of the Malawi. pression. Senate, Gary Sisco. Though he has Our Democratic Cloakroom staff, ‘‘Kathy’s’’ crimes were eight years old been on board only a few days, I am Lenny Oursler, Paul Cloutier, Chris- when the CPR’s Materials List supporting her message of defiance of the FBI and the confident that Gary will be as easy to tina Krasow, and Brian Griffin, also U.S. system of justice was released in 1978. work with and will demonstrate the provide invaluable assistance in many By that time, all her associates in her crimes same dependable professionalism of his aspects of our Senate life. Among other had either confessed to, or been convicted of, predecessor, Kelly Johnston. things, they field countless queries them. There was little or no question about We also have a new Sergeant at about what the Senate is doing and the guilt of the revolutionary fugitive who Arms, Gregory Casey. We will miss when votes will occur, including that was still successfully evading the law and former Sergeant at Arms Howard age-old question, ‘‘Will there be any justice. Greene’s valuable knowledge of the Yet that was when Halperin’s CPR chose to more rollcall votes tonight?’’ They defend and glorify her—‘‘I am Kathy Senate, but I am sure that Greg will help us stay on schedule and where we Power’’—to hold her up as a model who mer- approach the job with the same love for are supposed to be, all while keeping ited the support and adulation of the Amer- the Senate that Howard demonstrated. track of the flurry of legislation that ican people. The Sergeant at Arms has been sup- moves through here and keeping most FOOTNOTES ported by the capable assistance of the of us entertained. I salute them for 1 District Courts: U.S. v. Clay, ’70; U.S. v. Smith, ’71; former Deputy Sergeant at Arms, their hard work and good humor and U.S. v. O’Baugh, ’69; U.S. v. Brown, ’73; U.S. v. Stone, Joyce McCluney, and the current Dep- thank them for their assistance. ’69; U.S. v. Hoffman, ’71; Circuit Courts of Appeals: uty, Larry Harris. The Sergeant’s of- It is no exaggeration to say that our 9th (Buck); 5th (Clay, Brown) 3rd (Butenko). 2 ‘‘The Nationwide Drive Against Law Enforcement fice is also assisted by the work of ability to navigate the complexities of Intelligence Activities,’’ Hearing, Subcommittee on Marie Angus and Patty McNally. I Senate rules and procedures would be October 21, 1996 CONGRESSIONAL RECORD — SENATE S12419 impossible without the assistance of quite apart from our collegial work At the end of the cold war, Senator our Parliamentarians. Senate Par- here in the Senate. I have enjoyed his EXON utilized his common sense and liamentarian Bob Dove, with the out- hospitality on many occasions and Midwestern values to grapple with the standing assistance of Senior Assistant have appreciated his good sportsman- difficult task of defense downsizing. Parliamentarian Alan Frumin, Assist- ship on the tennis court. As I said when Senator EXON was not afraid to take on ant Parliamentarian Kevin Kayes, and he announced his intention to retire this, and other, difficult issues—deficit Parliamentary Assistant Sally last year, he can always be called a reduction and restricting foreign take- Goffinet, provides an unparalleled level straight shooter, in the best sense of overs of businesses that are vital to our of expertise and understanding of Sen- the word. national security. ate procedure. He will, of course, best be remem- JIM EXON has earned the respect and Our growing C–SPAN audience has no bered for his landmark work as chair- gratitude of his colleagues, constitu- doubt become familiar with the com- man of the Energy and Natural Re- ents, and citizens of our Nation. I know manding voice of Legislative Clerk sources Committee, particularly as that I shall miss my colleague from Ne- Scott Bates and his assistant David that committee grappled with the new braska and I wish him well in his fu- Tinsley; Bill Clerk Kathie Alvarez has challenges posed by nuclear energy. I ture endeavors.∑ also become a notable presence. Kathie salute him for that, and I know that he f is assisted in her duties as bill clerk by has charted new ground where others Danielle Fling and Mary Anne will surely follow. TRIBUTE TO SENATOR COHEN Clarkson. Our legislative and bill One of the most difficult aspects of ∑ Mr. PELL. Mr. President, I would clerks deserve the thanks and respect leaving this body is the loss of daily like to pay tribute to Senator WILLIAM of all Senators for their keen attention contact with colleagues whose friend- COHEN who is returning to his to detail and their patient professional- ship has enriched the experience of homestate of Maine after serving with ism. Senate service. BENNETT JOHNSTON has distinction in the Senate for 18 years. Journal Clerk William Lackey and truly been one such colleague, and I I’m glad to have the opportunity to his assistants Patrick Keating and wish all the best for him and his lovely honor my friend who has made such an Mark Lacovara; Enrolling Clerk Tom wife, Mary, in all that lies ahead.∑ outstanding contribution to our region Lundregan and his assistant Charlene f and the country McDevitt; Executive Clerk David TRIBUTE TO SENATOR HEFLIN I have often lamented the rise in par- Marcos and his assistant Michelle tisanship that has permeated this Haynes; Daily Digest Editor Thomas ∑ Mr. PELL. Mr. President, sometimes Chamber over the past several years. I there are those among us whose Sen- Pellikaan, Assistant Editor Linda continue to believe that our Nation is atorial persona overshadows the full Sebold, and Staff Assistant Kimberly best served by leaders who have respect Longsworth, all have my gratitude for measure of past achievement. Such a man is the retiring senior for different views and the ability to their long hours and hard work. compromise and negotiate meaningful I also would like to thank and com- Senator from Alabama [Mr. HEFLIN]. Those who witness his wisdom and dig- policy. Senator COHEN is not only a mend again our official Reporters of man who I believe shares this view, but Debates for their hard work: Chief Re- nity of bearing on the floor of the Sen- ate have no difficulty in envisioning has practiced it and made bipartisan porter Ronald Kavulick and Assistant consensus his trademark. Chief Reporter—and Congressional him as the chief justice of the Alabama Supreme Court. But they may not per- Senator COHEN has been a leader in Record Coordinator—Scott Sanborn; foregoing bipartisan solutions to some Morning Business Editor Ken Dean and ceive the U.S. Marine of World War II who was wounded twice in combat and of our Nation’s most vexing problems. Assistant Editor Lee Brown; Expert To ensure the public’s trust in Con- Transcriber Supervisor Eileen Connor awarded the Silver Star. gress, Senator COHEN worked tirelessly and her assistants, Donald Corrigan My own special insight into the ex- with Senator LEVIN to help enact a and Eileen Milton; and the Official Re- ceptional character of Judge HEFLIN lobby disclosure and gift ban. When porters of Debates: Jerald Linnell, Ra- came when we shared the discomfort of America was embroiled in the Iran- leigh Milton, Joel Brietner, Mary Jane a field trip into the Brazilian rain for- Contra affair, Senator COHEN joined McCarthy, Paul Nelson, Katie-Jane est. As always his qualities of wit and Senator Mitchell in examining and in- Teel, and Patrick Renzi. wisdom shown through. I also want to thank our Senate Here in the Senate, his unshakable vestigating allegations of misconduct Doorkeepers, directed by Arthur demeanor and integrity have endeared by the executive branch. Senator Curran and Donn Larson, for the him to all and served as a model for the COHEN has always sought a dialog to friendly, and helpful attitude they sort of decorum and comity which consider as many views as possible and bring to their jobs, often in the face of should pervade our proceedings. It was supported legislation that holds all long and uncertain hours. Without inevitable that we should award him Senators to the highest standard. their assistance and that of all of our with the thankless task of chairing the My colleague from New England, the Senate support staff, our work simply Select Committee on Ethics. senior Senator from Maine, is also the could not get done. I thank Judge HEFLIN for all he has author of eight books. Senator COHEN Finally, Mr. President, I want to done to enrich the life of the Senate, is still a young man and while he will thank my own staff and the staff of the and I wish him well as he returns to be greatly missed in the Senate, I wish Democratic Leadership Committees, Alabama.∑ him well in what I am sure will be a whom I share with Senators REID, f bright future.∑ ROCKEFELLER, and KERRY. These f TRIBUTE TO SENATOR EXON bright, talented people are dedicated to TRIBUTE TO SENATOR BROWN the effort to serve the people of South ∑ Mr. PELL. Mr. President, I would Dakota and the Nation, as well as like to take this opportunity to express ∑ Mr. PELL. Mr. President, I salute every Democratic senator and their my best wishes to Senator JAMES the senior Senator from Colorado [Mr. staffs. They do a tremendous job, and I EXON, who is retiring from the Senate BROWN] on the occasion of his retire- owe each of them a debt of gratitude.∑ after 18 years of dedicated service to ment from the Senate. During this f his constituents in Nebraska. He is a term here he has contributed a great true friend and a respected and trusted deal, especially in his work on the TRIBUTE TO SENATOR JOHNSTON colleague. Committee on Foreign Relations. ∑ Mr. PELL. Mr. President, I salute my As a member of the Senate Armed During the first years of his term, he old friend and colleague the senior Sen- Services Committee, Senator EXON has served as the ranking Republican mem- ator from Louisiana [Mr. JOHNSTON] as provided invaluable leadership in en- ber of the Subcommittee on Inter- he reaches the end of his distinguished suring the integrity of our national de- national Relations, where I especially Senate career. fense. I have had the honor of working appreciated his bipartisan support in It has been my special good fortune with him on the problem of U.S. nu- helping to forge the State Department to know BENNETT JOHNSTON as a friend, clear weapons testing. authorization bill. S12420 CONGRESSIONAL RECORD — SENATE October 21, 1996 Subsequently, in the 104th Congress, We extended that faith in progressive Your representative owes you, not his in- he assumed the chairmanship of the government into many other areas, and dustry only, but his judgment; and he be- Subcommittee on Near Eastern and I believe we did many good things in trays instead of serving you if he sacrifices it South Asian Affairs, and conducted a its name in the years that followed. I to your opinion. remarkable number of hearings on am very proud of the fact that I was It must be noted that Mr. Burke was matters relating to the area. I was es- able to play a modest part in these en- thrown out of office not long after pecially pleased that he shared my deavors, particularly in the field of making this speech, demonstrating a strong and long-standing interest in education. courage of conviction on his part and the India subcontinent. But hovering over us for the three on the part of the electors as well. But While we frequently found ourselves decades that followed was the numbing he stands as a model, nonetheless, of on different sides of the issues, I al- specter of the cold war that tested our the sort of selfless dedication to prin- ways appreciated the great good humor endurance and our nerve. It was in the ciple which must be brought to bear in that HANK BROWN brought to his work peripheral engagements of the cold the current climate. on the committee, along with his un- war, first Korea and then, most conclu- Beyond individual virtue, I believe flagging energy. I thank him for that, sively, in Vietnam, that the basic te- we must strive in a corporate sense for and wish him well in all that lies ahead nets of our commitment were put to a qualitative change in public dialog. If for him and his family. He is a fine the test. And in the latter event, they I could have one wish for the future of man and one for whom I have high re- were found wanting in the minds and our country in the new millennium, it gard.∑ hearts of many of us. would be that we not abandon the tra- f In retrospect, it may well have been ditional norms of behavior that are the the widespread disillusionment with underpinning of our democratic sys- SOME PARTING THOUGHTS foreign policy in the Vietnam era tem. ∑ Mr. PELL. Mr. President, as I ap- which sowed the seeds of a broader cyn- Comity and civility, transcending proach the end of my sixth term in the icism which seems to be abroad in the differences of party and ideology, have Senate, I look back at the 36 years land today. And with it came an end to always been crucial elements in mak- with wonder and awe at what we have that sense of unlimited possibilities ing Government an effective and con- passed through, but with some concern that many of us brought to public life. structive instrument of public will. But for the future of our institutions in the Many other factors have contributed in times such as these, when there is century ahead. to that current of cynicism, but pri- fundamental disagreement about the My concern is rooted in apprehension mary among them, in my view, is the role of Government, it is all the more that human nature may not be keeping impact of the electronic media, par- essential that we preserve the spirit of pace with the means now at our dis- ticularly in its treatment of politics civil discourse. posal to influence opinion and effect and public affairs. At its worst, it glo- It has been distressing of late to hear change. rifies sensationalism, thrives on super- the complaints of those who would A long range, telescopic view of our ficiality and raises false expectations, abandon public service because they place in history puts this concern in often by holding people in public life find the atmosphere mean spirited. perspective, particularly as we ap- accountable to standards which are fre- They seem to suggest that the basic proach the end of the second millen- quently unrealistic or simply not rel- rules of civilized behavior have been nium. The thousand years that began evant. stifled. Unfortunately, the rise of the elec- with a tradition of chivalry in dank They make a good point, although I tronic media has coincided with the Medieval castles, ends with a distinctly hasten to say that this was not a con- coming of age of a new generation of unchivalrous, albeit more comfortable, sideration in my own decision to retire Americans which is both blessed and world community tied together by the at the end of my present term. After challenged by the absence of the unify- instant miracle of electronic commu- more than 35 years, I have some to ex- ing force of a clear national adversary. pect a certain amount of rancor in the nication and jet flight, but over- I am reminded, in this connection, of shadowed by the still lingering threat Shakespeare’s reference to ‘‘the can- legislative process. But I certainly of mass destruction. kers of a calm world and a long peace,’’ agree that it seems to have gotten out Considering these extremes, I am led referring to the age of Henry IV, when of bounds. to reflect that the rules of human be- a temporary absence of conflict had an I say this with all respect for my col- havior in the conduct of public affairs adverse effect on the quality of recruits leagues in the Senate. They are won- have not developed as rapidly as the pressed into military service. In our derfully talented men and women, provisions for human comfort, or the time, the sudden ending of the cold war dedicated to serving their constituents means of communication—or indeed, of removed what had been a unifying na- and to improving the quality of our na- mass destruction. tional threat, leaving in its wake a tional life. I do not expect to have the Sometimes, it almost seems, to para- vacuum of purpose which I fear has good fortune again to work with such a phrase a common humorous expression, been filled in part by the cankers of the fine, well-motivated and able group. as though we should ‘‘stop the world’’ electronic media. But even this exceptional group some- and let the human spirit catch up with The result has been a climate which times yields to the virus of discontent technological progress. So now I ask exploits the natural confrontational which has infected the body politic. myself what guidance can we give to atmosphere of the democratic process In 1995, before retiring from the Sen- those who follow that would help them, by accentuating extremes without ate to become president of the Univer- short of stopping the world, to rec- elaborating on the less exciting details. sity of Oklahoma, my good friend oncile the realities of the day with the It is a climate which encourages pan- David Boren sent a letter to his col- realm of the spirit? dering to the lowest levels of public leagues lamenting the fact that ‘‘we When I came to the Senate in 1961, it and private greed, a prime example of have become so partisan and so per- was, in retrospect, a time of almost un- which is the almost universal defama- sonal in our attacks upon each other limited possibilities. Most of us were tion of the taxing power which makes that we can no longer effectively work imbued with a rather exuberant mind- it virtually impossible to conduct a ra- together in the natural interest.’’ It set conditioned by recent events. We tional public debate over revenue pol- was a thoughtful warning that has had lived through the economic crises icy. meaning far beyond the U.S. Senate of the 1930’s and we had survived the The times call for a renewed sense of and applies to our whole national polit- cataclysm of World War II, and in both moral responsibility in public service, ical dialog. cases it had been the dominant role of and for service performed with courage The fact is that the democratic proc- a strong central government which had of conviction. To be sure, this is not a ess depends on respectful disagree- saved the day. So it was not surprising new idea. One of my favorite political ment. As soon as we confuse civil de- that we brought with us a great sense quotations in this regard is an excerpt bate with reckless disparagement, we of confidence in the role of govern- from a speech by Edmund Burke to the have crippled the process. A breakdown ment. Electors of Bristol in 1774: of civility reinforces extremism and October 21, 1996 CONGRESSIONAL RECORD — SENATE S12421 discourages the hard process of nego- has been achieved, but week after week One possible solution which certainly tiating across party lines to reach a and year after year, I have found those bears future consideration is a com- broad-based consensus. words to be useful guideposts for a leg- promise recently proposed by Senator The Founding Fathers who pre- islative career. They help one sort the TOM HARKIN. Under his plan, the exist- scribed the ground rules for debate in wheat from the chaff. ing cloture rule would be modified by Congress certainly had all these con- And they also are a constant re- providing that if the three-fifth is not siderations in mind. We address each minder that our role is to produce re- obtained on the first try, the margin be other in the third person with what sults in the form of sound legislation, reduced progressively on subsequent seems like elaborate courtesy. The pur- and not engage in endless and repet- cloture votes on the same bill over a pose, of course, is to remind us con- itive debate that leads nowhere. This is period of time until only a simple ma- stantly that whatever the depth of our an especially hard prescription for the jority would be required to shut off de- disagreements, we are all common in- U.S. Senate, comprised as it is of 100 bate. Such a plan would protect the mi- struments of the democratic process. coequal Members, each representing a nority but would do so within reason- Some of that spirit, I believe, needs sovereign State. Everyone has a right able limits of time, after which the ma- to be infused into the continuing na- to speak at length. jority could conduct the business of the tional debate that takes place outside But there are some limits. And a Senate. the Halls of Congress. It should be ab- principal one is the Senate’s rule that With reasonable reforms in the clo- sorbed by our political parties and it debate can be curtailed by invoking ture rule, and with a new spirit of com- should be respected by the media, par- cloture, if three-fifths of the Members, ity and civility along with a renewed ticularly in this era of electronic infor- or 60 Senators, vote to do so. It has sense of responsible public service, I do mation. The democratic process is not been my general policy to vote for clo- believe the Senate, and our institu- well served by spin doctors and sound ture, regardless of party or issue, ex- tions of government in general, can bites. cept when there were very compelling rise to the challenges of the new cen- Nor is it well served by blustering as- circumstances to the contrary. Over tury. And in doing so, they hopefully sertions of no compromise, such as my Senate career I have cost more will address more satisfactorily than those we heard in the wake of the 1994 than 350 votes for cloture, which may we have done so far some of the truly congressional elections. David Boren be something of a record. compelling issues of our times—such as had the temerity—and wisdom—to sug- It should be noted that cir- economic disparity and racial and so- gest that instead of holding weekly cumstances have changed greatly since cial inequality. meetings to plot how to outsmart each the Senate imposed the cloture rule Over the years, I have thought time other, the party caucuses in the Senate back in 1917. In those days, there were and again of the historical comparison should hold two meetings a month to genuine filibusters with marathon between Sparta and Athens. Sparta is explore bipartisan solutions on pending speeches that often kept the Senate in known historically for its ability to issues. Again, it’s another good idea continuous session for days, including wage war, and little more. Athens, which could apply to the national dia- all night sessions with cots set up in however, is known for its immense con- log. the lobbies. Nowadays, such displays of tributions to culture and civilization. I would only add my own prescription endurance virtually never occur, but at In all that I have done over the past for comity, which can be summarized the very threat of extended debate, the 36 years in the U.S. Senate, I have had in three simple rules: 60-vote requirement is invoked to see if that comparison uppermost in mind. I First, never respond to an adversary the minority has enough votes to pre- believe deeply that when the full his- in ad hominem terms. In my six cam- vail against it—and if they do, the tory of our Nation is recorded, it is paigns for the Senate, I have never re- pending bill is often pulled down and critical that we be known as an Ath- sorted to negative advertising. The set aside. ens, and not a Sparta. electorate seems to have liked that ap- The 60-vote margin, which originally My efforts in foreign relations have proach, since they have given me an was set even higher at two-thirds of been guided accordingly. I believe that average margin of victory of 64 per- those present, was designed to protect instead of our ability to wage war, we cent. the minority’s right to make itself should be known for our ability to Second, always let the other fellow heard, while still providing a vehicle bring peace. Having been the first and have your way. I have always found for curbing debate. Only a super major- only nation to use a nuclear weapon, that winning an ally is far more impor- ity can impose limits. But as time and we should be known as the nation that tant than getting exclusive credit. In practice have evolved, the other side of brought an end to the spread of nuclear politics, the best way to convince the coin has revealed itself—namely weapons. We should be known as the someone is to lead him or her to dis- that a willful minority of 40 or more nation that went the extra mile to cover what you already know. Senators can use the cloture rule to bring peace among warring nations. We Third, sometimes, half a loaf can feed block legislative progress. Recent ma- should be known as the nation that an army. The democratic process is jority leaders of both parties have ex- made both land and sea safe for all. meant to be slow and deliberate, and pressed frustration with the deadlocks In particular, I believe that we change is hard to achieve. Very often, that can result. should seize every opportunity to en- achievement of half of an objective is The ultimate solution, of course, gage in multilateral efforts to preserve just as significant as achievement of might be to outlaw all super majori- world peace. We should redouble our 100 percent. And it may make it easier ties, except for those specifically al- support for the United Nations, and not to achieve the rest later. lowed by the Constitution—such as diminish it as some propose. We should In Government, as in all endeavors, veto overrides, treaty approvals and not lose sight of the UN’s solid record it is the end result that counts—wheth- impeachment verdicts. Since the Con- of brokering peace—actions that have er that result is half a loaf or more. stitution carefully provides for these consistently served U.S. interests and Hopefully, an increase in comity and specific exceptions, it might be as- spared us the costly alternatives that civility, together with renewed empha- sumed that the Framers intended that might have otherwise resulted. sis on moral responsibility, will result all other business should be transacted In education, I want us to be known in a qualitative improvement in end re- by a simple majority. as the nation that continually ex- sults. I must hasten to say that while I find panded educational opportunities—that In that regard, I have been guided the logic of such an ultimate solution brought every child into the edu- throughout my Senate career by a sim- to be intriguing, I do not subscribe to cational mainstream, and that brought ple motto and statement of purpose. It it. As a Senator from the smallest the dream of a college education with- is a mantra of just seven words: State, I have always been sensitive to in the reach of every student who has TRANSLATE IDEAS INTO ACTION AND HELP the fact that circumstances could arise the drive, talent, and desire. We should PEOPLE in which I would need the special pro- always remember that public support There have been some days, to be tection of minority rights which is ac- for education is the best possible in- sure, when neither of these objectives corded by the cloture rule. vestment we can make in our Nation’s S12422 CONGRESSIONAL RECORD — SENATE October 21, 1996 future. It should be accorded the high- pay tribute to the outstanding con- standards for the conditions under est priority. tributions of its many members to the which American workers work. In the arts and humanities, I want us betterment of education in our Nation The Equal Employment Opportunity to be known for our contributions, and and other parts of the world. Congratu- Act of 1972 gave the Equal Employment for the encouragement we give to lations.∑ and Opportunity Commission much young and old alike to pursue their f needed teeth to curb workplace dis- God-given talents. I want us to be rec- crimination. IMPORTANT WORK ON BEHALF OF ognized as a nation that opened the In 1974, unemployment compensation WORKING PEOPLE DONE BY arts to everyone, and brought the hu- was extended to 12 million previously LABOR COMMITTEE DURING MY manities into every home. And here uncovered Americans. TENURE too, I believe government has a proper After five years of committee hear- role in strengthening and preserving ∑ Mr. PELL. Mr. President, upon join- ings and study, the Employee Retire- our national cultural heritage. ing the U.S. Senate in January 1961, I ment Income Security Act [ERISA] Pursuing these objectives is not an became a member of the Senate Labor was enacted that guaranteed that pen- endeavor that ends with the retirement and Public Welfare Committee—now sion plan participants would receive of one person. It is a lifetime pursuit of called the Labor and Human Resources their promised benefits even if the pen- a nation, and not an individual. It is al- Committee. sion fund was terminated. ways a work of art in progress, and al- From the beginning of my career- The Age Discrimination in Employ- ways one subject to temporary lapses long tenure on the committee until ment Act prohibited workplace dis- and setbacks. My hope, however, is today, I have had the distinct honor of crimination for workers between 40 and that it is our ongoing mission to be- serving with and learning from some 67 years of age. come, like Athens, a nation that is giants of the Senate and have had the When I joined the committee in 1961, known for its civility and its civiliza- pleasure of working on many impor- the Federal minimum wage was $1. tant pieces of legislation. tion.∑ That minimum was increased over the When I first joined the committee on f years and thanks to the efforts of January 1961—which, according to the many on this committee, minimum IN HONOR OF ALPHA DELTA Official Congressional Directory for wage workers in the United States will KAPPA the 87th Congress, met on the second be receiving a much needed raise to and forth Thursdays of each month— ∑ Mr. PELL. Mr. President. This $5.15 over the next 2 years. month we celebrate the fine work of membership of the committee included Many job retraining programs have Alpha Delta Kappa Sorority. I would Ralph Yarborough of Texas, the great been established to help workers who Jennings Randolph of West Virginia, like to ask may colleagues to join me have lost their jobs through no fault of Barry Goldwater, Everett Dirksen and in paying tribute to this outstanding their own. During the 104th Congress, my old, dear friend Jacob Javits. The international organization of women the committee spent a great deal of following year, John Tower joined the educators. time trying to unify the Federal pro- Founded in 1947, Alpha Delta Kappa committee. In 1963, our current ranking member grams into one single program better today has nearly 60,000 members in suited for the demands of today’s work- TED KENNEDY first came to the com- 2,000 chapters located in towns and mittee. Few can question the wonder- place. Unfortunately, those efforts cities in every State and around the ended in failure. ful work Senator KENNEDY has done for world in Australia, Canada, Jamaica, America from his post on the commit- In 1988, legislation passed by this Mexico, and Puerto Rico. I am proud to tee. committee to require advance notifica- say that we have eight strong chapters In the years following, many out- tion to workers of plant closings and in Rhode Island. All the sorority mem- standing members of this body joined large scale layoffs became law. bers have been selected to join the hon- the committee and shared their skills In 1986, certain protections of the orary society by peers who have recog- and insights with us. Along with those Fair Labor Standards Act were ex- nized their contributions in establish- I have already referred to, I have had tended to disabled individuals. ing high teaching standards and in pro- the pleasure of working with many The above is but a thumbnail outline moting excellence and dedication. As a whose names are well known to this of the important work in the area of champion of teachers throughout my day: Robert F. Kennedy, Walter Mon- labor and employment done by the life, I am delighted to see these essen- dale, Tom Eagleton, Alan Cranston, Labor Committee during the past 36 tial women receive the praise they de- Richard Schweicker, my partner for years. I am pleased to have been in- serve. many years on Education matters Rob- volved in such important work with a Let no one think that the Alpha ert Stafford, ORRIN HATCH, Howard fine group of colleagues—both well- Delta Kappa members rest on their lau- Metzenbaum, STROM THURMOND and known and unsung.∑ rels. They make a major contribution our current Chair, the most gracious f to the lives of others through the spon- NANCY KASSEBAUM. I do not believe our CODETERMINATION sorship of educational scholarships and committee has ever been led by a more altruistic projects. In the past 2 years evenhanded Chair. ∑ Mr. PELL. Mr. President, for many alone, members have given at the I think it is a tribute to the commit- years, I have been interested in the ef- grassroots level over $3.9 million in tee and the importance of its jurisdic- forts of many countries in Europe to monetary gifts, over $1.1 million in tion that some of the greatest Senators involve their workers in all levels of scholarships, and have provided over of our time decided to sit on the com- company decisionmaking. Employees 1.3 million hours of volunteer service. I mittee. serve on the board of directors which am particularly pleased that seven During my tenure on the Labor Com- addresses long-term management of young women from foreign countries mittee, the committee has worked on the company, the Supervisory or Ad- are each awarded $10,000 scholarships many important issues in the areas of ministrative Board that deals with the to study for 1 year in colleges and uni- health, education, and labor including daily operations of the company, and versities throughout the United States. many directly affecting the working Works Councils which are localized Through is altruistic projects, mem- men and women of this country. with many councils existing within the bers of Alpha Delta Kappa have con- A brief review of the achievements of same plant. This practice is often re- tributed nearly $1 million to St. Jude the Senate Labor and Human Re- ferred to as codetermination. Children’s Research Hospital, and, sources Committee shows that during While European-style codetermina- since 1991, $100,000 to the Pediatric the past 36 years, we have worked to tion would not be a perfect fit here in AIDS Foundation. This is a remarkable create and improve laws of great im- the United States, the concept of work- contribution. port to the working people of this Na- er involvement remains valid. After In 1997, Alpha Delta Kappa will cele- tion. years of bitter, and even violent inter- brate its golden anniversary. This, The Occupational Safety and Health action and with the ever increasing de- however, is the month we take time to Act of 1970 established broad minimum mands of a high-tech workplace in a October 21, 1996 CONGRESSIONAL RECORD — SENATE S12423 global economy, a more collaborative industrialized country in the world RECOGNITION OF OUTSTANDING process has developed that brings that has not converted to the metric ACHIEVEMENT AND DISTIN- workers and employers together on an system of measurement. I ask my col- GUISHED SERVICE BY WILLIAM ongoing basis. Companies ranging from leagues to imagine what we are miss- DANTE BUCCI Texas Instruments and IBM to Harley- ing by being so out of step with the ∑ Mr. SANTORUM. Mr. President, I Davidson motorcycles have instituted rest of the world. have been made aware of plans to ongoing employer-employee work The answer is basic: The United honor Mr. William Dante Bucci next councils in which employees and em- States stands to gain untold millions— month and I would like to take the op- ployers cooperatively determine the di- portunity to share with my colleagues rection of their company. possibly billions—in export trade we are currently losing because our non- the outstanding achievement and dis- There is, I believe, little disagree- tinguished service he has displayed. ment about the value of these councils. metric products literally do not fit into Not only has Mr. Bucci displayed a There is, however, considerable debate international markets. The U.S. De- high level of professional achievement about the legality of these groups. We partment of Commerce estimates that and concern for his community, but he are told by some that this disagree- U.S. exports could be increased by up has also celebrated his family’s herit- ment produces a chilling effect that to 20 percent by offering metric-sized age. Mr. Bucci was born in Philadel- hinders the continued and future devel- goods to international markets. In a phia, PA, and has been a member of the opment of employer-employee work booklet published by the Small Busi- Order Sons of Italy in America, Grand councils. ness Administration [SBA] for small Lodge of Pennsylvania, since 1 year of I have worked for some time to find businesses considering converting to age. In fact, Bill is the longest continu- a balance. During the 103d Congress, I the metric system, the SBA cites three ously active member of the Ivy Ridge introduced legislation, S. 2499, which, examples of the trade problems caused Lodge 251. among other features, established a by the production of nonmetric goods. William Bucci is a 1974 cum laude formal election process for employee graduate of Roman Catholic High Saudi Arabia rejected a shipment of representatives to labor-management School of Philadelphia, where he American-made appliances because the groups. earned the Thomas E. Cahill Merit During the 104th Congress, improved power cords were 6 feet long rather Award for outstanding achievement as labor-management relations were than the 2 meter length required by a senior. Bill then earned a congres- highjacked by partisan politics and Saudi law. sional appointment to the U.S. Naval corporate greed in the form the TEAM A Middle Eastern company was Academy receiving a bachelor of Act which attempted to rewrite Fed- forced to rewire all electronic equip- science degree in 1982. eral labor law to give employers con- ment imported from the United States Following his graduation from the trol of labor-management teams. because standard American wire sizes Naval Academy and his naval service, I did not reintroduce that legislation are different from international stand- Bill then demonstrated a high level of but continued to explore other ways to ards. achievement in the world of business. accomplish change. I seriously consid- After being Market Executive of the ered offering an amendment to the Countries around the world have Year with the Xerox Corp. in Philadel- TEAM Act to give employees the right great difficulty finding American lum- phia, Bill was named a full partner and to select their own council representa- ber companies that will produce lum- first vice president at age 29 in the bro- tives; ensure that council agendas were ber in metric lengths for use in the kerage firm Smith, Barney, Harris open to both employees and employers construction. Upham & Co., Inc. William is a three- and finally, prohibit the unilateral can- In that regard, I strongly believe time winner of Smith, Barney’s Broker cellation of a council. that the Federal Government should of the Year Award and is a life member The TEAM Act, and similar ideas are lead by example and conduct its busi- of their President’s Club. In 1992, Wil- certainly not the answer. I am con- ness, including all procurement, in the liam joined Shearson Lehman Bros. as cerned, however, that past labor-man- metric system. By doing business and a senior vice president. Following the agement relations will not continue to thereby promoting the metric system, purchase of Shearson Lehman Bros. by serve us well either. As a nation, we our Government would send a very im- Smith, Barney, Bill was recruited by now find ourselves involved in a global portant and badly needed signal to Prudential Securities Inc. in Bala economy competing with other coun- American businesses and our trade Cynwyd, PA, where he is now a senior tries, not other companies. In addition, partners around the world that as a na- vice president. William Bucci’s commitment to serv- more and more of our trade is high tion we are back on track with the con- technology. The era of workers spending his community is well known to version process that has already taken ing all day inserting tab A into slot B those that have had the opportunity to place in the rest of the modern world. is coming to an end. Workers must be interact with him. Bill has served as better educated and well trained in During the closing weeks of this Con- junior varsity basketball coach for the high technology. gress, I had the pleasure of working Cardinals of Dougherty High School in With that education, high-tech train- with Senator GLENN and Senator HOL- the Philadelphia Catholic League. In ing and on the job experience, today’s LINGS in an effort to moderate addition, he was a head coach for 10 workers have valuable insights and antimetric legislation that came before years in the Philadelphia Archdiocese ideas that should be welcomed by their the Senate. Senator HOLLINGS and I CYO program. Not surprisingly, Bill employers. It should be our job to have worked together on this issue for has been recognized by his coaching allow the exchange of thoughts and some time—particularly in the all im- peers as the league’s all-star coach on ideas to take place but without em- portant area of trade. I am confident three different occasions. ployees endangering their employment he will continue this fight in the years William Bucci’s connection to the in the process. to come. Order Sons of Italy in America is well I sincerely hope that in the future, cemented. He is the grandson of Congress will, without partisan and Senator JOHN GLENN—a pioneer in Francesco Bucci, past president of the special interest bias, work to make it space exploration—is a man of science, Giulio Caesar Lodge 612 O.S.I.A., and easier for employees and their employ- a man of the future. During floor de- Giuseppe Mercurio, a founder and char- ers to cooperatively determine the fu- bate on unfunded mandates legislation ter member of the Ivy Ridge Lodge 251, ture of their company.∑ a the beginning of the 104th Congress O.S.I.A. His list of credentials in the f he gave a most eloquent defense of the Order Sons of Italy in America is truly metric system. The metric system is impressive. For instance, Bill has METRIC CONVERSION an integral part of both science and our served or currently does serve in the ∑ Mr. PELL. Mr. President, As my col- future. I hope Senator GLENN will take following capacities: third vice presi- leagues have heard me say many times my place and bring his knowledge and dent for the Commonwealth of Penn- before, The United States is the only experience to the fight.∑ sylvania; a trustee, O.S.I.A. Charitable S12424 CONGRESSIONAL RECORD — SENATE October 21, 1996 and Education Trust; member, Penn- this issue, not only with the Secretary PRESIDENTIAL AWARD sylvania State Finance Committee; of the Treasury, but also with the lead- Mr. HATFIELD. Mr. President, on served as chairman for the Purple ership of the committees of jurisdic- ∑ Wednesday, September 25, 1996, one of Aster Awards Ball souvenir program tion. It is imperative that Congress de- my favorite Oregon institutions was book for 1995; member, national mem- velop a comprehensive EBT policy with honored by the President of the United bership committee; member, national comment and direction from the Bank- States. Saturday Academy of Oregon fund raiser committee; ex-officio dele- ing, Agriculture, Finance, and Govern- received the Presidential Award for Ex- gate to the national convention; three- mental Affairs Committees, all who cellence in Science, Mathematics, and term past president, Ivy Lodge 251, of have major interests in this area. Engineering Mentoring. The award was which he has served as vice president Mr. President, with the recent pas- presented to Kathryn Gail Whitney, ex- and as trustee. sage of the omnibus appropriations Mr. President, I am extremely bill, I wanted to take a moment of Sen- ecutive director of the academy since pleased to say that William Dante ate business to express my very serious 1983, in a ceremony in the Indian Trea- Bucci is a constituent of mine. Mr. concerns with the language on EBT ty Room of the Old Executive Office Bucci has been, and will continue to be, and the impact that this will have on Building. I am pleased to add my con- a community leader and standard bear- the future delivery of social service gratulations to this deserving organization. er for Italian Americans.∑ benefits. I appreciate the attention of f my colleagues today and encourage This award includes a $10,000 grant your interest and involvement.∑ and a Presidential commemorative cer- THE OMNIBUS APPROPRIATIONS f tificate. It is given to individuals and BILL institutions which have encouraged mi- ∑ Mr. SANTORUM. Mr. President, I HONORING THE LAWRENCES ON norities, women, and persons with dis- rise today to call attention to provi- THEIR 50TH WEDDING ANNIVER- abilities to earn degrees in science, sions in the recently approved omnibus SARY mathematics, and engineering; 10 indi- appropriations bill dealing with elec- ∑ Mr. ASHCROFT. Mr. President, fami- viduals and 6 institutions were honored tronic benefits transfer [EBT]. lies are the cornerstone of America. this year, the first year in which these In the waning hours of the negotia- The data are undeniable: Individuals awards were presented. tions on the omnibus appropriations from strong families contribute to the Saturday Academy is a private, non- bill, legislative language was in- society. In an era when nearly half of profit precollege educational program serted—sections 664 and 665—providing all couples married today will see their established in 1983, and based at the Or- for the delivery of EBT services by the union dissolve into divorce, I believe it egon Graduate Institute of Science & Federal Government. In effect, the pro- is both instructive and important to Technology in the Portland, OR, met- vision nullified an August 13, 1996, D.C. honor those who have taken the com- ropolitan area. Four other Saturday Circuit Court of Appeals decision in- mitment of ‘‘till death us do part’’ seri- Academy centers are located in Or- volving the procurement process in an ously, demonstrating successfully the egon. The academy enlists accom- EBT initiative under the direction of timeless principles of love, honor, and plished professionals from industry, the U.S. Department of the Treasury. fidelity. These characteristics make higher education, and community While I supported passage of the om- our country strong. agencies to create hands-on classes and nibus appropriations bill, I have very For these important reasons, I rise apprenticeships for motivated 6th- serious concerns with the impact of the today to honor Sherlie and Beulah through 12th-grade students. While the EBT language and, as a result of these Lawrence of Maplewood, MO, who, on program focuses on science, math, and provisions becoming law, remain con- November 9, 1996, will celebrate their technology, instruction includes arts cerned with the direction of EBT. The 50th wedding anniversary. My wife, and humanities as well. financial ramifications and impact as- Janet, and I took forward to the day we The academy began in 1983 with three sociated with providing benefits can celebrate a similar milestone. classes: Materials science, electronics, through EBT are enormous. The fact Sherlie and Beulah’s commitment to and large computer systems. Even these provisions were added to the bill the principles and values of their mar- while growing rapidly, Saturday Acad- and became law with virtually no con- riage deserves to be saluted and recog- emy has worked for inclusiveness. This gressional oversight is extremely trou- nized.∑ is an important goal in science and blesome. I am uncomfortable with Con- f math education—we need strategies to gress overturning court decisions and encourage greater participation of ultimately directing multimillion dol- HONORING THE MUNSONS ON women and minorities. Saturday Acad- lar contracts without review. These THEIR 50TH WEDDING ANNIVER- emy has worked diligently to increase provisions on EBT have not been re- SARY the enrollment of young women—it viewed in detail by the committees of ∑ Mr. ASHCROFT. Mr. President, fami- now has an even enrollment of both jurisdiction nor have they been subject lies are the cornerstone of America. sexes. to hearings. The data are undeniable: Individuals Mr. President, throughout my service from strong families contribute to the Gail Whitney’s arrival as executive in Congress, I have focused consider- society. In an era when nearly half of director when the program was only able legislative effort in the area of so- all couples married today will see their months old, brought a change in re- cial policy, and I’m very pleased to union dissolve into divorce, I believe it cruitment strategy. Academy press re- have played a role in the development is both instructive and important to leases began to stress the search for and direction of the landmark welfare honor those who have taken the com- motivated students rather than gifted policies that became law earlier this mitment of ‘‘till death us do part’’ seri- ones. The change has been significant. year. The efficiencies associated with ously, demonstrating successfully the Experience shows that students who delivering social service benefits timeless principles of love, honor, and may not fit a school system’s gifted through EBT have been an integral fidelity. These characteristics make criteria are designing electrical compo- part of welfare reform discussions over our country strong. nents or operating a business. A child the past 5 years. And with the enact- For these important reasons, I rise who is quiet or reserved in the larger ment of the landmark welfare reform today to honor Ed and Marty Munson classroom may thrive in the hands-on law, the need to develop a comprehen- of Marshfield, MO, who, on November environment of eight peers. sive EBT policy becomes all the more 11, 1996, will celebrate their 50th wed- In 1983, the academy’s roster listed 9 important. ding anniversary. My wife, Janet, and I classes and 71 students. The following If Congress is to better manage the look forward to the day we can cele- February, the figures increased to 19 delivery of Federal services and bene- brate a similar milestone. Ed and classes and 200 students. The 10th anni- fits, we must start with EBT. Through- Marty’s commitment to the principles versary year of the program, 1993, out the remainder of this year and into and values of their marriage deserves found 40 classes per term being offered. the next Congress, I intend to address to be saluted and recognized.∑ During the 1995–96 school year there October 21, 1996 CONGRESSIONAL RECORD — SENATE S12425 were 7,692 participants for a total of chief priority was the preservation of become a victim of the USDA’s fiscal 214,000 instructional hours; 800 profes- the peanut program. That year, the austerity in the Republican adminis- sionals were involved as instructors or USDA and a number of Senators tration’s sometimes too broad at- mentors. pushed for its elimination. But Ala- tempts to cut domestic spending in the Mr. President, Gail Whitney and the bama’s farmers had just suffered 2 wrong places. I objected chiefly to the founders of Saturday Academy rep- years of droughts, and they were al- commodity provisions, especially loan resent one of the best models I have ready in a difficult situation. The pro- levels and target price figures, but I seen for cooperative private-public ef- gram’s proponents managed to push voted for the bill anyway because I forts to enhance science and math edu- the program through the Agriculture thought it was more important to have cation. Meaningful reform in science Committee by a vote of 12 to 4. How- a 4-year bill than none at all. and math education has been at the top ever, it was defeated on the floor of the But implementation of this farm bill of my priority list for many of my Senate, and supporters had to work in proved nearly as difficult, especially years in Congress. I am thrilled to see the back rooms to devise the Heflin- for peanuts. The USDA tried to enact this deserving recognition for one of Warner compromise. This effort suc- regulations to cut the peanut poundage Oregon’s finest efforts.∑ ceeded. On the Senate floor, Senator quotas. Its cuts would only hurt the f NUNN credited me with the com- small quota holders who could not af- promise: ford the overhead of production. Sup- REFLECTIONS ON U.S. porters contracted the USDA, and cited AGRICULTURAL POLICY * * * I think the Senator from Alabama has worked longer and harder on the peanut the provisions in the peanut language ∑ Mr. HEFLIN. Mr. President, I have program than anyone I know in this body. He which required a fair and equitable sys- had the opportunity to serve on the has spent literally hundreds of hours work- tem for quota reduction. Targeting the Committee on Agriculture since 1981. ing diligently to protect the program that is small farmer like this was—* * * a mis- The agricultural community in Ala- of vital interest to the State of Alabama and interpretation of both the spirit and in- bama and the Nation, while small in also the State of Georgia as well as other states. tent of the Congress if not an outright number, is a considerable part of our *** I have been following his lead on this violation of the letter of the law itself. economy. In fact in Alabama, agri- issue as well as many other farm issues, and The USDA agreed to back off until it culture and forestry are the largest I thank him for an exceptional job all the had received clarification of congres- sectors of the economy. way through. sional intent. Therefore, I felt compelled to serve However, it was just that—a com- The years following this farm bill on this committee. It has been ex- promise—and I was not entirely please also saw difficulties for the cotton pro- tremely difficult for most of the news- with the outcome. For instance, al- gram. In 1984, the administration paper reporters in Alabama to cover though the 1981 farm bill established sought a freeze in target prices, which the action of this committee. I felt at farm-based poundage quotas, increased it won. I blocked the bill when it came times that my press secretary needed loan supports, and a cost-of-production to the Senate floor, and I set condi- to give them a map to find the Senate price escalator, it technically elimi- tions on this freeze. Specifically, I suc- Agriculture Committee hearing room. nated the peanut allotment program. ceeded in setting the inventory carry- The issues are complicated and few re- During the farm bill debate, Ala- over trigger for the paid diversion of porters have an understanding of the bama’s delegation was also very con- cotton at 2.7 rather than 4 million basics of farm policy. As a general rule, cerned with improving soybean produc- bales in 1985, increasing the rate from this accounts for the sparsity of news tion and exports. Over the previous few $0.25 to $0.30 per pound if this inventory stories about agriculture in Alabama years, the U.S. share of the world soy- reached 4.1 million bales, and $0.35 if it and Washington newspapers. bean export market had dropped from reached 4.7 million bales. I also secured In addition to farm programs, the 90 percent to 70 percent. Despite this assurances for an extra $500 million in committee had jurisdiction over a drop, U.S. soybean production had tri- CCC export credit loan guarantees for great number of rural development pro- pled, but only because planting had tri- 1984, including $100 million specifically grams, rural electrification, and rural pled. Crop yields had not improved, and for cotton, and $2 billion in 1985. Other water programs that are an extremely export policies were lagging. In fact, if successes which came out of this bill important aspect that can improve the the situation did not change, the Unit- included changes to the FmHA disaster daily lives of the millions of people ed States would only create a domestic loan programs, including increased that live in rural areas of this Nation. surplus of soybeans. So I introduced a funding and increased loan ceilings, The agricultural community is con- bill to create the Research Soybean In- eligibility expansion to counties adja- siderably better off today than when I stitute, which would examine ways to cent to declared disaster areas, exten- came to the Senate in 1979. During my improve production, exporting, and sion of application deadlines to 8 years on the Agriculture Committee, marketing. The institute would also months, extension of repayments lim- we have been able to craft foreign pol- address problems such as the cyst nem- its by 8 years, and scheduling of inter- icy which provides market stability atode parasite—and other issues like est rates to their original level or the and allows U.S. farmers to aggressively it. These provisions became a part of current prevailing rate, whichever was pursue international markets. At the the 1981 farm bill. lower. Sometimes it’s like dealing with same time, these farm programs have With Senator Melcher’s help, we a mule—you have to use a 2 by 4 to get dramatically reduced the cost to the passed another amendment to the farm its attention. U.S. Treasury. And the most important bill which required that imported When the next farm bill around in part that is so often overlooked, Amer- meats be held to the same inspection 1985, we introduced the Southern Agri- ican farms provide a stable supply of standards as domestic meats. Specifi- culture Act of 1985 preemptively to food for American families at a lower cally, we sought to prohibit horse and save the peanut and cotton programs. cost than any part of the world. Legis- kangaroo meats from being sold as Specifically, it would increase peanut lation passed by the Committee is ‘‘beef.’’ Clearly, this language had a poundage quotas to the existing level often called farm bills. It would be dual purpose, to protect the interests for the national, edible market. I also more appropriately entitled Food Safe- of the cattle ranchers, and to ensure sought to allow for double cropping, ty and Consumer Protection Legisla- that consumers who bought ham- conservation tillage, and other ideas tion. burgers actually ate beef. endemic to the South. But these pro- FARM BILLS When the farm bill debate came to an grams represented only one small part In 1981, I had my first experience end, I objected strongly to the adminis- of overall farm policy; the export-im- with the Congress’ major farm author- tration’s substitute bill. Although it port programs were certainly as great. ization bill. With this bill, Members retained the peanut compromise, the I had hoped that the United States who strongly supported agriculture kangaroo and horse meat language, might also be able to increase its share sought to expand foreign markets for and the soybean institute, this bill has of foreign markets. U.S. exports and to protect them from gone too far. This was the first attack The House Agriculture Committee selective embargoes. But Alabama’s on the farmer during my career; he had adopted my Southern Agriculture Act S12426 CONGRESSIONAL RECORD — SENATE October 21, 1996 that year without changes, making it, net effect is a world price which is program itself. In fact, the program for a time, part of the farm bill. House often below the cost of production in had ameliorated price reductions from Chairman KIKA DE LA GARZA of Texas most, if not all, exporting countries. In domestic surpluses and improved sales gave me considerable support. Incorpo- shaping cotton policy to address this overseas due to U.S. cotton prices that ration of the peanut program was emi- kind of global competition, we had to were on par with world prices for the nently logical because it was the only decide whether to fashion a program first time in nearly 2 years. Competi- program which had actually made the which would enable U.S. cotton to tive prices should provide the commod- Government money over the previous 2 compete aggressively or, instead, as- ity with a turnaround. years. The Senate Agriculture Commit- sume the role of residual supplier. In 1987, I introduced the farmers re- tee also adopted much of my measure, Until implementation of the market- covery tax bill to restore the income but I knew that it would be difficult to ing loan in 1985, U.S. cotton was gen- averaging price, investment tax cred- pass it through the full Senate. The erally relegated to the role of residual its, and capital gains, all of which had Senate committee also incorporated supplier. In 1985, however, we made a been repealed in the 1986 tax reform language proposed by Senator Dole decision to meet subsidized competi- bill. As in the case of the amendments which I cosponsored to create a Na- tion head on. The establishment of the which I supported in 1986, these provi- tional Commission on Agriculture Pol- marketing loan has served to accom- sions applied exclusively to farmers. icy into the farm bill. plish several fundamental marketing Before the passage of that bill, it had When the Senate committee passed objectives: First, permits U.S. com- appeared that our tax policy was the its version of the bill, I was certainly modities to meet price competition, only policy that provided some equity pleased that it included the Southern second, avoids excessive stock accumu- or incentive to the agriculture and Agriculture Act, but I was disappointed lations, third, allows producers to mar- timber sectors, but to compound the with its export provisions. As I saw it, ket commodities over a period of time, economic woes of rural America, the the problem with U.S. farm exports had rather than dumping the entire crop on Tax Reform Act of 1986 repealed provi- been that the agriculture secretaries the market at harvest time and fourth, sions of the tax laws that were bene- had not used the tools Congress created serves as a safety net under producer ficial to these areas of our economy. for them to implement an aggressive income. When the 1990 farm bill came before export promotional program. I am proud of the cotton marketing the Congress, President Bush’s admin- In fact, when the conference commit- loan and believe it has become the cor- istration sought to cut the cotton and tee reported its version of the bill, I nerstone of the U.S. cotton program. peanut programs, but it failed. We also was struck that it deceived and be- The indisputable success in the indus- won a marketing loan for soybeans, trayed soybean farmers. The conferees try supports this assertion as the mar- specifically to increase America’s had dropped our amendment to prevent keting loan has spurred domestic mill international competitiveness in this the U.S. Government from providing consumption and aided exports. For in- market. Last, the bill included provi- loans or grants to foreign soybean pro- stance, the marketing loan is respon- sions we designed to provide funding ducers. The committee had also sible for: reversing a 26-year decline in for rural firefighting and to double the changed another of our amendments to offtake of U.S. cotton; reversing a 43- amount the Government could spend establish a marketing loan without year decline in U.S. mill cotton con- on the development of rural water and lowering soybean loan rates. I intended sumption; and reversing a 70-year de- sewer systems. the measure, which had passed the Sen- cline in cotton’s share of U.S. mill fiber As in 1985, I introduced the Southern ate, to authorize the Agriculture Sec- consumption. Agriculture Act to reauthorize the cot- retary to implement a plan to increase When the Senate considered its ver- ton and peanut programs. The adminis- competitiveness of American soybeans sion of the 1986 tax reform bill, I tration had proposed a 10-percent cut in foreign markets. The conference ver- strongly supported an amendment to in these programs, but this bill would sion, however, effectively legislated restore provisions which allowed farm- maintain the 1985 bill’s statutes. What lower soybean prices for the farmer ers to average their incomes over sev- could the farmer buy that cost 90 per- since it lowered the loan rates. Amer- eral years. It made up for revenue cent of what it did in 1985? Certainly, ican taxpayer dollars were being used losses, which were estimated at $66 farm machinery and fertilizer prices to enhance the competitive capability million, by repealing a tax break on had not decreased. of major soybean competitor countries wealthy, foreign real estate investors With regard to the peanut program, such as Brazil and Argentina. in the United States. Since there had Secretary Yeutter’s proposed cuts In fact, I voted against the 1985 farm been an increasing amount of foreign would be devastating. If it had been bill coming out of conference. I believe investor speculation in U.S. property, adopted by Congress, it would not only that it effectively legislated lower particularly in farmland, I thought it destroy the peanut farmers, it would commodity prices. The credit provi- was appropriate to compensate for the also cause a serious recession in the sions were also unforgiving. FmHA revenue losses through this source. An- peanut-producing areas of Alabama and loan availability decreased, and fore- other amendment the Senate adopted other States. At the end of July, the closures were therefore likely to in- would refund unused investment tax Senate defeated an amendment to im- crease, I believed. credits to farmers. Specifically, the plement his cuts. However, I was pleased that the bill language provided for farmers to apply One of the biggest problems about maintained the peanut program, in- the credits against previous years’ forging the peanut compromise in 1990 cluded better research titles, and ad- taxes at $0.50 per dollar. It also estab- was the fact that division existed dressed conservation. Specifically, the lished yearly limits for the refund. The among the country’s peanut farmers. bill included the Conservation Reserve authors of this tax reform bill sought Georgia’s farmers had split from the Program, and the swamp-buster and to eliminate credits for the future. rest, and I assumed the role of peace- sod-buster provisions, which would However, since farmers were heavily maker between Georgia’s peanut-grow- allow for better long-term farming. capitalized with the high level of mech- ers and the rest, including farmers In hindsight, though, one of the most anization of modern farming, Congress from Alabama. Notably, my com- important provisions, if not the most needed to make tax reform a little fair- promise was the first supported by all important, was the establishment and er for agriculture by permitting farm- the grower groups and major peanut implementation of the cotton marketers to trade in some of their unused tax product manufacturers. ing loan. It is generally understood credits for cash. The soybean loan included in the bill that U.S. agricultural commodities In 1986, critics of the cotton program would serve to combat cheaper foreign must be competitive in the world mar- maintained that it involved million competition. The loan was something I ket if the sector is to be economically dollar payments to large corporations. had fought for since the 1985 farm bill. viable. But this was an unfair characterization In 1986, I objected to the Reagan ad- Some 95 percent of cotton entering of the program. These large payments ministration’s decision to pursue the world trade does so with the benefit of resulted from the Secretary’s discre- World Bank’s loan to Argentina. Ar- a subsidy of one kind or another. The tion; they were not mandated by the gentina was America’s second greatest October 21, 1996 CONGRESSIONAL RECORD — SENATE S12427 competitor in soybeans, and it was able cational programs and technology de- worked so well for Senators over the to undercut U.S. prices and flood the velopments of other areas. Using this years. To demonstrate this point, when world markets by directly subsidizing technology in a medical situation, a I saw that the cotton program was in those firms that process and export doctor at a clinic in a rural area could serious trouble, I offered by support for soybeans. The World Bank loan would send moving images of a brain scan to other programs to gain backing for cot- further subsidize competition to the a specialist at a hospital hundreds of ton. As I told the American Sheep In- United States—an unfair practice. In miles away. dustry Association in June 1994, there 1987, I attached language to the agri- The final bill also included language isn’t much wool in Alabama, but there cultural trade bill to prohibit U.S. sub- to provide Federal assistance for rural isn’t much cotton in Idaho or Montana. sidies for foreign farmers competing development, including water and sew- But if those of us in agriculture didn’t with U.S. farmers. One issue that had ers, and a loan program to aid small, work together, we cannot survive the brought more complaints and more at- rural businesses. There is no one an- plans to dismantle the fundamentals of tention from Alabama farmers is the swer that every community can use to farming in this country. Government subsidies that enhanced achieve economic vitality. However, As it came up for review, supporters the competitiveness of agricultural there are common threads. First of all, tried to impress upon Members the im- producers in countries such as Brazil the leadership for rural development portance of the cotton program. The and Argentina. Sadly enough, many of must be taken to local community or- cotton program was designed to meet these subsidies were provided not by ganizations—rural electric coopera- market conditions in the United States the governments of these countries, tives, counties, economic development and abroad. In 1995, the year that the but rather by the U.S. Government. district, and other local entities. I was Republicans tried to eliminate it, the At the end of 1987, I attached a soy- especially proud of these provisions as cotton program proved itself effective. bean marketing program to the Senate they were included in the final version Although there was a bumper cotton budget reconciliation bill. This amend- of the bill. crop, the market price remained above ment would revive language that I had With Senator PRYOR’s help, we in- the target price. Additionally, we attached to the 1985 farm bill, but the cluded language in the 1990 farm bill to stressed that wheat and feed grains ac- conferees had effectively killed the authorize $15 million for research on count for 50 percent of all farm pro- provision by leaving it to the Sec- poultry diseases and to require that gram costs, and the cotton program retary’s discretion. He did not exercise foreign poultry meet domestic inspec- cost only 10 percent of the total Fed- that discretion. The soybean program tion standards. However, President eral farm outlays. involved CCC loans from 1988 through Bush failed to meet this requirement, Agriculture had already taken its 1990, and I modeled it after my 1985 cot- arguing that it was an impediment to fair share of cuts. The agriculture ton program. I hoped that it would be free trade. In fact, he even imposed a budget had dropped from $26 billion in an innovative approach that would pro- 1990 hiring freeze on inspectors. 1985 to just under $10 billion in 1995. vide enough flexibility to the Sec- In 1991, peanut farmers faced another However, reductions in the peanut pro- retary of Agriculture to meet our problem when the ITC ruled that 300 gram had never resulted in Americans world competitors on a level playing million pounds of foreign peanuts be paying less for their groceries. The cost field. Although it passed the Senate allowed into the American market—a is always absorbed by someone in the shortly later, I had to reintroduce it in total equaling 10 percent of the domes- chain between the producer and the su- 1988. With a marketing loan, U.S. soy- tic market. I contacted the President permarket, and economic studies and beans will be available on the world to protest this ruling, in some large history do not suggest that cuts would market at the same price as that made part because it violated language that reduce the price now. possible by foreign government sub- I included in the 1990 farm bill to re- With agriculture very much in mind, sidies for our foreign competitors. At quire that imports meet the same qual- I voted against the Republican budget that time, U.S. soybean acreage had ity as the domestic product. Chinese resolution. This resolution would have dropped to a quarter of its 1979 level. Of peanuts, known to be infected with the cut $8 billion from farming over 5 course, the loan ultimately became a striped virus, would be among the im- years. Naturally, I had other concerns part of the 1990 farm bill. ports. Further, allowing such a high when I decided to oppose the bill in- With other provisions I included in number into the country would cost cluding Medicare and Social Security, the final bill, I sought to increase the the government $84 million, according as well as the idea of promising to cut farmer’s flexibility to plant second to the USDA. Although he reduced the the deficit and taxes. crops on program plots. This practice number to 100 million, the President After the Senate agriculture commit- is known as double-cropping. decided to allow the peanuts into the tee completed its mark-up on the budg- With the Southern Agriculture Act, country. In 1993, we contacted the et resolution, preliminary estimates we also sought to create a Southern In- trade representative to urge inclusion for the cuts in the commodity pro- stitute for Agriculture Resource Policy of a provision in NAFTA requiring that grams totaled $13.3 billion over 7 years. to conduct scientific studies on im- the stringent domestic inspection Chairman LUGAR’s intention was to do proved farming techniques. standards be imposed on imports. his best to eliminate the commodity The committee also approved a pro- Although farm bills had always been programs, and he had stated his strong posal to provide Federal matching the result of compromise, and therefore opposition for some time. funds for rural firefighters. The money were somewhat less than I had wanted, Along with others, I continued the would go to State forestry agencies and supporters had succeeded in maintain- fight for the preservation of the cotton volunteers, and it was included in the ing the commodity programs at an ac- and peanut programs. Noting that cot- final version of the bill. My language ceptable level until this year. The 1996 ton had enjoyed a record year, I prom- also proposed a Southern Forest Re- farm bill debate posed a serious threat ised to introduce a bill to extend that generation Center. to the continuation of farm programs, program as written, with just a few The final bill included my provisions and southern farmers would be espe- changes. to expand the Talladega National For- cially affected by various proposals. The average peanut farmer has only est into Cherokee County and extend From the beginning of last year, the 98 acres, whereas the 7 largest corpora- an Alabama trail closer to the Appa- Republicans had pushed for elimination tions that use peanuts to manufacture lachian Trail. of the commodity programs and the their products had more than $140 bil- The final bill also included our lan- price supports. Given the successes of lion in total sales during 1994. It is no guage to create the star schools pro- these programs, like the cotton pro- coincidence that some Members of Con- gram. Through the use of state-of-the- gram, I cannot understand the preju- gress who oppose the program just hap- art telecommunications equipment, dice with which they approached the pen to have some of those same cor- the Star Schools-Medlink program that cuts. porations in their states. It is these was passed in the 1990 farm bill allows To pass programs that I believe are same corporations that stand to be the small rural schools or hospitals to be worthwhile, I have frequently involved big winners if the peanut program were linked with the highest quality edu- myself in the strategy which has eliminated, not the real consumers. S12428 CONGRESSIONAL RECORD — SENATE October 21, 1996 The GAO had issued a study which dition to extending the marketing fested with boll weevils had recently showed that the consumer absorbed a loan, we increased the loan rate from been eradicated, however, the majority cost of $300–$500 million, but the pro- $4.92 a bushel to $5.25 a bushel. The of these new acres had not been in the gram’s opponents misrepresented this lower loan rate had ceased to be an ef- program long enough to qualify under study in the last round, arguing that fective safety net for oilseed producers. these new rules. Eligibility for partici- this cost was passed onto the retail Our title on oilseeds was heralded by pation in the cotton program would be consumer. As a matter of fact, in testi- the American Soybean Association as reduced nationally by 30 percent, and mony before the House Agriculture the best proposal put forward for oil- in Alabama, 38 percent of cotton farm- Subcommittee on Specialty Crops and seed producers. In the end, a modified ers would be excluded. Furthermore, its Chairman, CHARLIE ROSE, the GAO version of my proposal was adopted and Buck Johnson, director of the Federal testified that the consumer they ref- signed into law. Farm Service agency of Georgia, esti- erenced was the first purchaser of pea- The reason why I introduced this bill mated that the Senate’s version of the nuts, or the manufacturer. They fur- was simply that I utterly opposed reconciliation bill would put 30 percent ther testified in substance that there Chairman LUGAR’s farm bill. Among of older farmers in the South out of was no evidence to support the conclu- other things, his bill would have de- business. sion that any reduction in the loan stroyed the peanut program. However, In response to being closed out from rate would be passed along to the retail I believed that 14 of 18 Senators on the the historically bipartisan task of writ- consumer. committee favored a peanut bill with- ing farm legislation, and seeing the un- Critics who sought to eliminate the out a cut in the price support. Because acceptable changes to the peanut pro- peanut program during the 1995 farm he had such a strong opposition, the gram, Representative CHARLIE ROSE bill debated used this GAO report as chairman employed delay tactics to and I introduced a no-net-cost peanut one justification for ending the peanut push the bill back to the reconciliation program bill in an effort to preserve a program. Armed with the earlier GAO deadline when the members of the viable program for peanut farmers. It testimony, representatives from the Budget Committee could write the would achieve savings by eliminating peanut product manufacturers associa- farm bill. These Senators were much the standing 1.35-million-ton floor for tion were asked if any reduction in the less sympathetic to the needs of the the national poundage quota; in fact, loan rate would be passed to the southern peanut farmer. the Heflin-Rose peanuts program would consumer. They responded by stating At that time, certain Senators tried have saved $43 million more than the that loan rate reductions would not be to put an additional assessment on pea- Republican plan contained in the rec- passed along to the consumer, instead, nut producers. They were trying to onciliation bill. Under our no-net-cost savings would be used to develop new force the farmer to pay for the entire bill, the Agriculture Secretary would products. adminstrative cost of the program. set this national poundage quota, The peanut program has served to However, the Senators who pushed for thereby eliminating undermarketings balance the playing field between small this assessment were from wheat and limiting disaster transfer pay- farmers and multinational corpora- States; notably, they did not try to im- ments. By contrast, the Republican tions. It is bad policy to eliminate the pose the same condition on wheat plan would reduce the support price peanut program only to increase cor- farmers. However, we secured language and freeze it for 7 years. The USDA es- porate profits at the expense of rural which stated that the existing budget timated that the Republican plan economies and the true consumer who deficit assessment paid by producers would immediately reduce peanut will notice absolutely no difference in would be targeted to offsetting pro- farmers’ income by 30 percent. Not the price they pay at the grocery store. gram costs and no other assessments only did it cost more, the Republican In September, I introduced the would then be necessary. plan slashed a peanut farmer’s income Southern Agriculture Act of 1995 to re- With regard to the ongoing farm bill by $68 per ton. A study by Auburn Uni- vise and extend the loan and other pro- negotiations, the Agriculture chairman versity on the impact of potential pol- grams for cotton, peanuts, and oil- continued to refuse meetings, despite icy changes in the peanut program seeds. Under this bill, the cotton pro- the strong bipartisan support for the found that a reduction in the support gram would have been extended as peanut program. He knew that he price to $610 per ton, and a reduction in written. The 1994 crop had been a would not get his way, but that was no the national poundage quota to 1.1 mil- record crop in production, exports, and reason to keep us from meeting to lion tons, would result in a negative total offtake. Many of our competitors come up with a budget bill that saved impact of $219 million and a loss of al- had experienced insect infestations money but did not destroy the peanut most 3,000 jobs in Alabama, Georgia, causing higher world market prices. As program. In the end of committee ac- and Florida. The economic impact and a matter of fact, cotton prices had tion that year, the farm provisions in- job losses are not limited solely to pea- climbed to their highest levels at any cluded a peanut compromise, but I was nut producers. Under this analysis, the time since the Civil War, topping $1 a never consulted. I was shut out of all wholesale and retail trade, service in- pound. Therefore, I saw no reason to discussions about it; the Republicans dustries, real estate and financial sec- alter a program that was functioning told me it would be their bill. I could tors are especially hard hit. In fact, na- effectively. The peanut program would not explain to farmers why these Sen- tionwide, the study indicated total job be slightly changed, with a freeze im- ators voted for a 7-year program for losses of 5,440 and a negative economic posed on the support prices at the 1995 wheat, corn, rice, sugar, and other impact of $375 million. crop level. In an effort to address the commodities, but decided to kill the The cotton program in the Repub- claims of the peanut program’s critics, peanut program after 5 years. lican proposal, too, made no sense. the National Peanut Growers Group Simply stated, this bill would force a Under its provisions, cotton farmers adopted a series of program changes to disproportionate share of agricultural would no longer be paid for the cotton eliminate all taxpayer costs and open budget cuts on the South. It would they produced. Instead, they would the program to new products. I in- have its most profound negative effects sign a production flexibility contract cluded many of the NPPA no-net-cost on new and old farmers there. Most of which would subsidize a farmer, wheth- reforms into my peanut title, including the growth in cotton production had er or not he produces a crop. These de- eliminating the undermarketings pro- occurred in the South, but the new cot- coupled payments would apply to cot- visions. However, from a strategy per- ton program would shut out new farm- ton, rice, wheat, corn, and feed grain spective, I knew that the farm bill de- ers from its provisions. This bill re- producers, and they would actually en- bate would require a great deal of give quired that farmers demonstrate par- courage a wheat or corn grower to and take and felt that under no cir- ticipation in 3 of the previous 5 years plant cotton if the world price were cumstances should we begin negotiat- in order to continue participation in high enough to justify the switch. The ing from our bottom line. Since they the cotton program. Many of the new Republican bill provided for 7 years of did not receive price supports, my bill cotton acres in this program were the narcotic welfare payments designed to would have extended the marketing result of the successful boll weevil bring about the corporate takeover of loans for soybeans and oilseeds. In ad- eradication program. Land once in- agrarian America. This Republican October 21, 1996 CONGRESSIONAL RECORD — SENATE S12429 proposal would have undermined every- because we were able to make marginal but cotton came out fairly well, spe- thing accomplished with respect to improvements in the bill and, there- cifically preserving the marketing farm legislation; it would have elimi- fore, I felt that the good outweighed loan, and back payments would come nated the farmer safety net and dis- the bad. Most importantly, the Senate soon, which would help weather-dam- rupted the delicate balance of supply- version of this bill reinstated perma- aged cotton farmers. price stability taken for granted by nent law. By doing so, the inclusion of Administration: In the early 1980’s, consumers. permanent law ensures that Congress the greatest problem facing farmers I commend the President for vetoing must again address farm laws rather was the 20-percent or higher interest this bill. It would have created a wel- than simply allowing them to expire. rates. Most farmers who borrowed fare state. the Republicans claimed Republican lawmakers had intended money to finance their crops in 1980 that they could lower interest rates by the decoupled, fixed-but-declining pay- borrowed the money when interest balancing the budget, but ironically, ments to farmers to be the price paid rates were already high, then they lost their farm bill raised interest rates for eliminating farm programs. Con- money because of the drought. I ar- solely on CCC borrowers. They also gressional Democrats, on the other ranged meetings with Reagan’s Agri- claimed that they wanted farm pro- hand, believed that a stable and abun- culture Secretary Block to impress grams to be more market oriented, but dant food supply to be in the national this point upon him. it removed the 8-month-loan extension interest and, therefore, refused to turn During 1982, I fought the Reagan ad- for cotton. Further, their failure to our back on American farmers. The in- ministration’s plan to subject agri- pass legislation left farmers with no clusion of permanent law was an enor- culture to FTC control in the Com- clear direction for the upcoming plant- mous victory for Democrats thus en- merce Committee. American farmers ing season, and, therefore, banks would suring our commitment to farming were having a tough enough time mak- not give farmers loans for this year’s families and the role they play in our ing ends meet without having to deal crops. society. with yet another layer of bureaucrats At the end of last year, Representa- Additionally, I was able to beat, in Washington, DC, meddling in their tive ROSE and I introduced another no- soundly, efforts by a freshman Senator affairs. net-cost peanut program that would be to kill the peanut program and to keep I strongly supported the recent reor- funded by an assessment on imported a 5-percent penalty for the use of the ganization of the USDA. During 1994, peanuts and revenue from NAFTA and loan program out of the bill. Opponents the Agriculture Committee considered GATT. This bill would have maintained of the peanut program had conspired to a bill to facilitate the reorganization. the $678-per-pound-quota rate. It would include this last provision to penalize The bill would reform the administra- also assure that revenue from NAFTA producers who put their peanuts into tive functions, and reassign sub-Cabi- and GATT would pay for the program the loan. The provision was removed net officers by mission, reduce the rather than reducing farm income. from consideration due to my strong number of agencies from 43 to 29, and it Last, the bill would require that im- objections. would consolidate country offices in ported peanuts meet the same high During conference, the committee favor of one-stop shopping centers. quality standards as domestic peanuts, fought off a number of detrimental Through this effort, the USDA hoped ensuring that they were not grown peanut provisions. I successfully fought to reduce staff and cut costs. Although with chemicals and pesticides banned off a House provision to lower the loan much of this reorganization could, and in the United States. rate another 5 percent if a producer put did, take place on the regulatory level, Clearly, the Congress had failed rural his peanuts under loan. If this language the committee wanted to be certain to America by not passing a farm bill. By had passed the rate would have dropped work out any legislation that might including, historically, stand-alone- to $579.50 per ton; we worked to main- become necessary. Given concerns farm legislation in the broad Repub- tain it at $610. I also fought off another about the deficit, the time had clearly lican proposal to balance the budget, House provision to allow unlimited come to reduce the size and cost of the farmers and rural America became hos- cross-county sale of peanuts. Instead, USDA in favor of a more efficient de- tage to a myriad of issues culminating the committee adopted a compromise partment. In the final days of the 103d with a Presidential veto. As a result, to allow 40 percent transfers after 5 Congress, a USDA reorganization bill farmers were left without congres- years. Under the House-passed version, was passed creating a more stream- sional direction for the upcoming producers would have to pay an addi- lined and efficient Department of Agri- planting season and were anxiously tional assessment to cover program culture. awaiting a new farm law. This neces- costs if any at the end of the year. Fur- Disaster aid/crop insurance: I have sity had become most pressing at the ther, the shellers’ assessment had been always done my best to pay attention beginning of this year. Without a farm exempted by House Republicans from to the needs of farmers in times of nat- bill, the Agriculture Secretary would offsetting program costs even though ural disasters in Alabama. In 1979, we be forced to implement the 1949 Agri- they benefit from the program. How- had a drought and Hurricane Fred- culture Act. That law provided a forever, we were able to arrange this so erick. In 1980, we had an even worse mula based on parity with the standard the shellers’ assessment will also go to drought. In 1982, interest rates forced of living in 1949. The difference in the offsetting the costs, which will protect me to request Agriculture Secretary value of the dollar and the standard of the producers from having an unlim- Block to initiate the Economic Emer- living between 1949 and 1996 would cre- ited possibility for increased assess- gency Loan Program. The same year, I ate an explosion in the price of food. ments. As far as the pool compliance urged Block to change a FmHA regula- But fearful of efforts to resurrect the language is concerned, the House bill tion requiring the rescheduling of loan freedom-to-farm bill, I pointed out that would exempt the profits from addi- at the cripplingly high rates of the day. its provisions to guarantee payments tional peanuts from going to cover pea- I testified before the Forestry Sub- to farmers whether they produced a nut program losses. This was changed committee to warn of the impact of crop or not was fundamentally flawed. to the Senate version that would per- these rates. In 1982, I also fought to In times of high market prices, the pro- mit additional gains from buyback and save the NWS agriculture program dur- gram would provide a bonus check, and redemption to be used to offset pro- ing Commerce Committee action. The it would not be sufficient in times of gram costs. This change would also re- farm weather forecasting service saved low market prices. It is unconscionable duce the possibility of the need for in- American farmers more than $750 mil- to make these kinds of payments in creased assessments on producers. lion each year in the production costs times of high market prices, especially Problems with the overall farm bill of the major agricultural commodities when we are reducing school lunches included: It did not provide a safety net of cotton, corn, soybeans, livestock, and other essential programs. for farmers and it made payments re- wheat, and rice, but it only cost $1.2 Ultimately, the Senate passed a gardless of price, but it did give farm- million. The committee approved a bill modified version of the farm provisions ers something to work with as they I cosponsored to combat these high in- that had been contained in the Repub- prepare for planting season; the peanut terest rates on farms. The bill would lican reconciliation bill. I voted for it, language would cut farmers’ income; extend the economic emergency loan S12430 CONGRESSIONAL RECORD — SENATE October 21, 1996 program for a year and create an indi- stock provisions, but I was pleased that ance reform and USDA had not fully vidual evaluation program to resched- the House had not weakened the pea- implemented the program while ex- ule existing FmHA loans at their origi- nut provisions. pecting farmers to educate themselves nal interest rates, rather than the high In 1989, I pushed the Air Force to and embrace the reforms in a very rates of 1982. I also called a farm crisis track hurricanes in the gulf and Pacific short period of time. The least that meeting in Montgomery to discuss in- coast States; Hurricane Frederick in could be done was extend the crop interest rates and other problems facing 1979, for example, had caused relatively surance sign up deadline and allow the State’s farmers. In 1983, the FmHA little property damage and loss of life farmers adequate time to inform them- ran out of money to pay for its operat- because of advanced warnings. The Air selves of these significant changes re- ing loans in 17 States, including Ala- Force agreed to retain the WC–130 pro- garding disaster assistance. bama. I urged the USDA to reallocate gram. Hurricanes Erin and Opal passed the money, threatening legislative ac- In August of that year, the Senate through Alabama in 1995. I cosponsored tion, the USDA complied. Spring approved the Rural Partnership Act of a Cochran bill to authorize the Agri- freezes also plagued farmers in 1983. 1989. The bill strengthened Federal sup- culture Secretary to provide supple- Near the year’s end, I sponsored a port of State and regional economic mental crop disaster assistance in addi- measure to disregard payment-in-kind programs, or rural electric cooperation to benefits provided by the Crop acreage in eligibility determination for tives, and of land grant university re- Insurance Reform Act of 1994. Cotton natural disaster emergency loans. The search and extension programs. It was producers had been plagued by a severe existing program required that a farm- only a modest beginning, but it might drought and worm infestations during er suffer a 30-percent loss to be eligible. be a great help to rural communities. the 1995 crop. This was particularly dis- However, payment-in-kind acreage That same month, the Senate also appointing due to the fact that 1994 was would not count in these estimates, so approved a disaster relief bill. Alabama a record year for the U.S. cotton crop. they were frequently inaccurate. In had another drought in 1990. And we Expectations were high for 1995 and na- 1984, the Senate passed a bill I cospon- had an unusually rainy spring in 1991. tionwide plantings were up by as much sored to establish a 15-member special With Senator COCHRAN, I introduced as 20 percent in some States. While the task force on agricultural credit to en- legislation that year to force the Presi- drought contributed a great deal to the 1995 cotton disaster, the insect infesta- sure its availability at reasonable in- dent to provide emergency funding. tions were particularly devastating. terest rates. I noted a survey of bank- The USDA had made money available The insect situation was so bad that ers, many of whom believed that farm- through FmHA loans, but the Presi- the EPA authorized the temporary use ers would default on their loans. Fur- dent had not delivered it according to his authority provided by a 1991 supple- of the insecticide Pirate to fight the ther, 100,000 farmers would be forced tobacco budworm and beet army worm. out of business that year, and the sta- mental appropriations bill. In the fall of that year, I supported the passage of The final blow to cotton farmers was tistics indicated that half of family Hurricane Opal. After already experi- farmers would disappear in less than a a bill to provide aid through FEMA. This bill included language practically encing terrible growing conditions in generation. In 1985, I emphasized the 1995, just prior to harvesting what cot- farm credit crisis in the country, with identical to language I introduced during the 1990 farm bill debate to make ton that was left, Opal took care of the a farm debt the size of the Federal defi- cotton that the drought and insects cit; the FmHA had not acted to combat 65-percent payments to farmers who had suffered 35 percent or more in had not. the problem—it had $630 million avail- Hurricane Opal was a devastating losses. After continued contacts with able for Federal loan guarantees but storm, not only for its timing regard- the President, he finally released the used only $25 million. That same year, ing cotton farmers, but for all Alabam- I met with Willie Nelson to advise him disaster money in 1992. Winter storms and flooding, as well ians in southeast Alabama. Opal on how to distribute the proceeds from as a number of tornadoes, plagued the caught a great deal of structural dam- FarmAid. We had another drought in State in 1994. Tropical storm Alberto age and produced a large amount of de- 1986, which spurred me to begin hear- bris. Fortunately, we were able to suc- also caused a great deal of flooding ings to investigate drought cycles in cessfully petition the USDA for assist- that year. I also pushed the disaster as- the South and possible ways to handle ance under the Emergency Conserva- sistance amendment to include funding them. tion Program [ECP]. Under the ECP, for flood victims in Alabama, Georgia, In 1987, I introduced a bill to save the Alabamians received approximately $5 and Florida in the fiscal 1995 agri- farm credit system. It would have au- million in assistance for debris re- culture appropriations. I also pushed a thorized bonds and the restructuring of moval and structural repair. the system, including a cooling-off pe- bill I sponsored to authorize funding In an effort to address the problem of riod before mergers went into effect. It for flood relief through the Agriculture annual disaster assistance bills, and would protect important farmers’ Committee. The Senate passed this provide a model for crop insurance re- stockholdings in the system and estab- measure unanimously. In fact, the vote form, in 1993 I began meeting with lish an assistance board to financial in- on flood relief compelled me to miss grower groups to hear their ideas on an stitutions providing farm loans. I in- my chance to act as the President’s effective system of crop insurance. In troduced another amendment to pro- personal representative on the 50th an- this endeavor, the National Cotton tect advanced payment for prepayment niversary of the liberation of Guam; I Council was particularly helpful. accounts held by Federal land banks, had served as Marine lieutenant and I The message from farmers was that part of the farm credit system. The was one of the first on the beaches. In the cost of production was continuing amendment would simply have re- 1995, I asked the USDA to extend the to rise, cotton prices were declining or quired that money deposited into these Federal crop insurance deadline; there flat at best, and disaster assistance was advanced payment accounts would im- were a number of farmers who had not triggered only by production or yield mediately, prior to the capital deple- applied. The USDA established this losses. tion or insolvency of a Federal land deadline under the previous year’s crop As a result of these roundtable meet- bank, be applied as payment against insurance bill, but it would not help ings, I introduced the Farmers’ Risk the borrower’s loan. any farmers who had not applied; they Management Act of 1994. This legisla- Alabama suffered another drought in would no longer be eligible for disaster tion called on the Federal Crop Insur- 1988. I introduced a drought assistance payments. With the passage of Federal ance Corporation to offer producers the bill to mandate emergency aid from crop insurance reform late in 1994, the option of a cost-of-production system the Secretary of Agriculture. The bill program signaled a break from the rou- which would be based upon each indi- also included a private water project. tine of passing disaster bills. With this vidual producer’s actual cost of produc- It would have created water coopera- new program and approach, I knew tion. This bill would have also allowed tives financed by loans or bonds to there would be a period of adjustment. a producer to choose between using his transport water for irrigation. When I believed that it was a reasonable re- actual yields and his farm program conferees finished their report, I criti- quest given that Congress had only yields in determining his crop insur- cized their changes to the feed and live- months before passed the crop insurance yields. October 21, 1996 CONGRESSIONAL RECORD — SENATE S12431 Many of the ideas put forth in this extracted promises from the Director Unfortunately, some groups are so legislation were rolled into the Federal of the NWS, Dr. Elbert Friday, to push opposed to the use of animals in this Crop Insurance Reform Act of 1994. As back closing of this doppler radar sta- essential research that they set fire to a matter of fact, the Heflin proposal on tion. I also introduced the Weather research facilities or break into labora- a cost-of-production system was used Service Modernization Review Act of tories to steal animals and destroy to design an income-protection pilot 1994 to require a study on the potential equipment, records and research data. program that is being implemented impact of closing weather stations. The The real price of these types of crimes this year. Vice President ordered the study by are paid by all those who are waiting This new approach will cover farmers the National Research Council. This for cures and treatments for their af- when gross income falls below estab- study revealed that the Huntsville area flictions. Research into Alzheimer’s lished limits. This pilot program cre- would, in fact, suffer from the lack of disease, cancer, AIDS, substance addic- ates a system that would guard against its own NEXRAD station. In 1995, I tion and mental health were at stake yield losses and low harvest prices. cited this study, and contacted the here. The implementation of this pilot pro- committee chairmen who oversaw the Public interest in animal welfare gram could not have come at a more NOAA and the NWS: GRAMM, PRES- should be encouraged. Research utiliz- important time. This first year’s expe- SLER, and HOLLINGS. The Commerce ing laboratory animals has led to many rience with the catastrophic coverage Committee approved an amendment to of medical history’s most significant under the new crop insurance reforms the Weather Service authorization to breakthroughs. These animals are used has proven to be inadequate. More im- make it more difficult to close 32 only when necessary and should be portantly, though, after the 1996 farm weather stations, including the Hunts- housed, handled and treated humanely. bill and its uncertain future effects on ville station. I also contacted the Sec- Those who disagree with the respon- American farmers, we find ourselves retary of Commerce to advocate a new sible use of animals in research do not faced with the possible phase-out of station in the Huntsville area; he have the right to take the law into farm programs. It is, therefore, abso- promised to install a center in north- their own hands. While a few States have already en- lutely essential that we have a reliable ern Alabama. After his death this year, acted laws increasing penalties for crop insurance plan that will provide the NWS announced that it would crimes against research facilities, I felt some type of safety net for producers. honor its commitment to install that it was necessary to establish protec- center. The significance of this new approach tions on the Federal level. is that it addresses fluctuations in After a number of tornadoes in TUSKEGEE price, where the current crop insurance northeast Alabama in 1994, the USDA In 1862, the U.S. Congress passed the program only takes into account losses and I jointly announced that the NWS’ All Hazard Weather Radio Network first Morrill Act which provided for the from reduced yields. establishment of land-grant institu- I am proud of these efforts made on would put up a station to provide early tions in the Southern and border behalf of trying to forge a new and warnings in the area. I had toured this States. These institutions were de- more effective direction in regard to area, including Goshen and its United signed to educate citizens in the field crop insurance. It is my hope that this Methodist Church—which had been de- of agriculture, home economics, the pilot program will grown and be imple- stroyed by the storm—with Vice Presi- dent GORE, where I solicited his sup- mechanic arts and other practical mented on a national level. skills. Since the Southern States were In 1984, Senator HOLLINGS and I in- port to deal with such problems in the uncooperative in funding historically troduced a bill to create a national future. However, I was concerned about African-American institutions under storm-scale operational and research the performance of early warning sys- this law, Congress passed a second Mor- meteorology [STORM] program to up- tems in the State after more tornadoes rill Act in 1890, creating the 1890 land- date the country’s extreme weather hit Arab and Joppa the next year. In 1995, I supported a Cochran amend- grant institutions. prediction systems. With this bill, we Alabama has two 1890 land-grant in- sought to emphasize the transition ment to the Commerce, Justice, State appropriations bill to restore funding stitutions, the Tuskegee Institute and from the old radar systems to the im- for the agricultural weather service Alabama A&M. Tuskegee was created plementation of the new NEXRAD sys- centers at Stoneville, MS, and in Au- by an act of the Alabama Legislature tem. This bill passed the Senate, but it burn. Weather is the single most im- and granted land by the U.S. Congress. died in the House. Senator HOLLINGS portant external element in the pro- Although the 1890 institutions were and I reintroduced this bill in 1986 after duction equation. But this year, as the chartered more than 100 years ago, a NASA lost a weather satellite. Our res- deadline for these centers’ cutoff ap- stream of ‘‘hard’’ money for research olution would also have urged the ad- proached, I met with NWS officials to was not created until fiscal year 1967. ministration to launch another GOES discuss forecasts in the future. With The Tuskegee Institute was not offi- satellite and increase weather recon- Representative BROWDER, I pushed for cially a land-grant college, but in 1980, naissance flights in the interim. The continuation of these ag forecasts by I was able to have the Tuskegee Insti- Commerce Committee passed this reso- transferring the NWS over to the tute added to the permanent list of 1890 lution in June. USDA. Despite Senator COCHRAN’S sup- institutions and ensure there would be In 1990, the battle to preserve Hunts- port, who realized the importance of a continuous stream of Federal re- ville’s weather station began; the NWS specialized ag weather forecasts, the search funds. Further, Congress cre- had proposed dropping the weather sta- Republican agenda of the 104th Con- ated the Chappie James Center at tion serving northern Alabama in the gress called for downsizing the Federal Tuskegee with the 1890 reauthorization implementation of its NEXRAD sys- Government and this vital service fell of the Higher Education Act of 1965, tem. That year, I met with the Deputy prey to privatization. and it ensured funding for each of these Director of the NWS to urge him to RESEARCH institutions with the 1981 farm bill. consider Huntsville’s proposal to do- An action I am most proud of in the AUBURN nate a weather radar system. I contin- field of research is the passage of a bill I have worked closely with Ala- ued this fight in 1994, making certain that I authorized making it a Federal bama’s 1862 land-grant institution, Au- to be continually in contact with the crime to vandalize, destroy or make burn University, over the years and the NWS and the NOAA to advocate main- unauthorized use of animal research fa- 104th Congress was no exception. I was tenance of the Huntsville facility. In cilities, including data, equipment and especially successful in completing, or 1994, I also contacted the Vice Presi- the animals themselves. The Animal continuing, funding for several very dent to solicit his help in the continu- Research Facilities Protection Act, important research initiatives through ation of the Huntsville National which was signed into law as the Ani- the college of agriculture and the Ala- Weather Service Radar. I told him that mal Enterprise Act would impose se- bama Agriculture Experiment Station I believed eliminating the station vere penalties on individuals or groups in cooperation with the Department of under NEXRAD would leave northern who interfered with medical and other Agriculture. Alabama and southern Tennessee in a research facilities where animals are Funding for the completion of the vulnerable position. That same year, I use. new poultry science facility at Auburn S12432 CONGRESSIONAL RECORD — SENATE October 21, 1996 was achieved in the fiscal year 1997 ag- an up-and-running research center that turned to the Energy Committee and riculture appropriations bill. This $12 was already accomplishing many of the assisted in preventing this proposal million facility will provide a state of environmental goals set by the admin- from being made a part of the Repub- the art facility for essential research istration. Once this was laid out for lican reconciliation bill. into one of the most important agri- them, they saw that it made no sense TRADE culture sectors in Alabama, the poul- to kill a working program in order to In 1981, I applauded the President’s try industry. create new programs with similar I was also successful in securing decision to lift the Soviet grain embar- goals. go. I did believe that the United States funds for continued water quality re- I also introduced a bill to transfer needed to take action against the Sovi- search conducted at the Alabama Agri- aquaculture from the Interior Depart- ets for invading Afghanistan. However, culture Experiment Station. The re- ment to the USDA. This was a long- it is most regrettable that the farmers search involves a team effort by sci- overdue streaming measure that will of the United States have had to bear entists at Auburn and other land-grant greatly improve the overall efficiency the cost of this foreign policy instru- universities, the CSREES, the TVA, and timeliness of aquaculture research. ment alone. For that reason, in 1982, I State and private agencies, and most Specifically, it saved the Southeastern urged the President to develop a long- importantly, the producers. New tech- Fish Cultural Laboratory in Marion by term, Soviet grain agreement. I advo- nology is implemented immediately, moving it from Interior to the USDA. cated ending grain embargoes and which enhances the development and It was adopted in the most recent farm working to expand export markets, in- growth of agricultural industries. The bill. The U.S. aquaculture industry has cluding multiple year extensions of water quality research also addresses grown more than 15 percent annually trade agreements. A 1-year extension problems that confront rural develop- since 1980. As a result, aquaculture has has the effect of a defacto embargo be- ment and the sustainability of agricul- emerged as a solid alternative for cause it keeps the specter of an embar- tural enterprises. Most importantly, farmers and allowed them to diversity. go looming over the whole grain grow- though, this research is responsible for In fact, aquaculture is of vital impor- ing and exporting industry. The mere developing and implementing water tance to the economy of west Alabama. threat of an embargo keeps grain and crop management practices that Over 20 percent of the area’s population prices depressed and plays havoc with both enhance agriculture production is employed directly in the production the entire farm economy. In 1983, after and protect and preserve an important or the processing of catfish. natural resource—water. the downing of the Korean jetliner at- RURAL ELECTRIC tack, I feared that the President would One specific example of this is the ir- While commodity programs seem to impose another embargo on the Sovi- rigation project being conducted at the dominate agriculture policy, rural de- ets, so I introduced a bill to create a experiment substation in Bell Mina, velopment policy is an area that I have state undersecretary for agricultural AL. Increased demand for irrigation paid special attention to. This is par- affairs. It seemed that increasingly our water in the southwestern United ticularly true with regard to rural elec- agricultural policy is being set by offi- States is causing increased stress on trification. cials of the State Department as they many streams where farmers are pump- Most recently I authored the Rural respond to international events. In ing directly from the stream. As a pos- Electrification Loan Restructuring Act 1984, the Senate passed a bill I cospon- sible method to decrease this demand of 1993 which was signed into law on sored to require congressional approval during periods of low stream flow and November 1, 1993, as Public Law 103– of trade embargoes. It would require to make more water available for irri- 129. gation, a study was initiated to evalu- This legislation eliminated the au- that both Houses approve an embargo ate the feasibility of pumping during thority of the REA Administrator to within 60 days and review it every 6 high stream flows to off-stream storage make 2 percent loans, established cri- months. There was no doubt that past sites. These sites could be on-farm or teria for a REA electric distribution embargoes, and the threat of new em- farmer-shared reservoirs. The irriga- borrower can qualify for a 5 percent bargoes, significantly contributed to tion reservoir at Bell Mina has been loan, and authorized the Administrator the erosion of U.S. export dominance completed and the early results appear to make loans at the municipal cost of and the resulting decline in farm in- promising. capital. This legislation also addressed come. The National Soil Dynamics Labora- high density cooperatives, rural devel- In 1983, when the President was pre- tory at Auburn conducts research de- opment eligibility, and private capital paring to visit Japan, I sponsored a signed to solve soil management prob- requirements among other things. sense-of-the-Senate resolution to urge lems. Developing effective methods of In the 1996 farm bill, I was instru- that United States negotiators should managing soil to maintain its quality, mental in securing additional loan re- insist that Japan dismantle all of its and to improve the quality and produc- structuring authority for the Secretary barriers on imported beef. This resolu- tivity of degraded soil, requires a mul- of Agriculture regarding rural electric tion passed. I urged the passage of a tidisciplinary program. One component loans. We are currently working with similar resolution in 1984. In 1988, the of this research being conducted at the the USDA to promulgate regulations beef agreement with Japan expired, soil laboratory is the agronomic por- that will provide the Secretary with and negotiations stalled. tion. House appropriators eliminated sufficient flexibility to carry out the Then an unusual series of events oc- funding for this component in their ag- intention of Congress. curred. The Japanese Ambassador riculture appropriations bill. Fortu- As part of the Republican plan to bal- asked me in my capacity as chairman nately, I was able to have this funding ance the budget, Republicans proposed of the Subcommittee on Courts of the restored in the Senate bill. The agro- selling off the Power Marketing Ad- Judicial Committee to pass a courts nomic portion of the multidisciplinary ministrations, which provide elec- bill allowing the use of Japanese lan- program at the soil lab is vital because tricity to regional distribution co- guage interpreters in Federal court it is the very portion that facilitates operatives. The primary concern with cases. We succeeded in getting the nec- the technology transfer from the lab to this proposal was that PMA ‘‘pur- essary legislation approved. The Am- the field. chasers’’ would have to increase the bassador thanked me and then asked TVA price at which they made electric me if there was anything he could do I fought for continuation of TVA’s power available in order to recover for me. I replied I would like to meet National Fertilizer and Environmental their purchasing costs. I believed with the Japanese Minister of Agri- Research Center after the Clinton ad- strongly that this would ultimately culture, trade representatives, and two ministration had targeted it for elimi- translate into higher utility costs for members of the Diet. I was able to nation. The administration argued that end-users of rural electric coopera- bring representatives of the National this research should be conducted pri- tives. Cattlemen’s Association to the meet- vately. But I contacted the VP and the With this issue being debated in the ing. We had a very frank discussion and Budget Director, and it was simply a Energy Committee, when a seat on the reported the progress to the U.S. trade matter of explaining that NFERC was committee became available, I re- representatives. Fortunately, a few October 21, 1996 CONGRESSIONAL RECORD — SENATE S12433 days later a very favorable trade ar- This year, I urged the President to Of major significance, Congress fi- rangement was worked out and Amer- resolve the trade dispute with the Rus- nally broke the logjam that had lasted ican beef was allowed to be exported to sians when they announced that they for nearly 2 decades and passed legisla- Japan in far greater numbers than be- would no longer import United States tion to rewrite Federal pesticide laws, fore. The arrangement further elimi- poultry. The Russians had refused to bringing about much needed reform of nated the quotas after 3 years, at which recognize the United States system of the outdated Delaney clause. time the Japanese could impose tariffs poultry inspection. Along with several The Food Quality Protection Act, if beef passed trigger levels. of my colleagues, we urged President H.R. 1627, received unanimous support I have been concerned about poultry Clinton to carry this issue to the high- once all the pieces of the puzzle were exports for some time. In 1983, I wrote est levels of the Russian Government. put into place. Traditionally, the bat- to the trade representative to urge him While in Russia, Vice President GORE tleground between industry and envi- to address Brazil’s increase in poultry and Secretary Glickman raised this ronmental supporters, the urgency to exports. From 1976 to 1980, the U.S. issue and soon afterward, an agreement resolve pesticide legislation was cre- share dropped from 20 percent to al- was reached. The poultry industry is ated by court rulings that would have most nothing. Since Brock did not act, extremely important to the economy of ordered the EPA to begin canceling the several other Senators and I contacted Alabama. It accounts for 54 percent of use of some common chemicals. the President directly, noting that the all farm income in the State and 75 The bill as signed into law will revise U.S. share of the world poultry market percent of farm exports. pesticide registration under the Fed- had fallen from 97 percent to 13 percent In conjunction with other Senators eral Insecticide, Fungicide, and over 20 years. To address these con- from poultry producing States, in the Rodenticide Act of 1947, speeding up cerns, I attached a poultry export mar- 104th Congress we also had to fight bar- some EPA registration procedures. The keting program to the Agriculture riers to interstate free trade. The cur- bill also recognizes separate registra- Committee’s payment-in-kind bill. rent regulation regarding the labeling tion procedures for minor use chemi- This bill was designed to open new of ‘‘fresh’’ poultry states that poultry cals, and under legislation I coau- preserved above zero degrees fahr- markets and recapture old ones. thored, antimicrobials, or common enheit shall be labeled fresh, and poul- In 1984, I joined several other Sen- household and industrial chemical try below zero degrees, the point at ators to urge the President to nego- cleansers. tiate with the Canadian Prime Min- which animal flesh freezes, shall be la- Most importantly, this legislation re- beled frozen. ister to address hog trade. Legislation formed the notorious Delaney clause of was before the Congress to impose du- The USDA, on behalf of California poultry producers, promulgated regula- the 1958 Federal Food, Drug, and Cos- ties, we informed the CPM, and their tions to raise the benchmark for fresh metic Act, which barred processed food exports to the United States had risen to 26 degrees based on the premise of from containing even minute amounts 10 times. In 1985, I pressed this point consumer claims that the current regu- of cancer-causing chemicals. The hard- again. Disputes with Brazil over poul- lations for poultry labeling was mis- fought compromise of the Delaney re- try, China over cotton, and Australia leading. form will impose a safety standard to over beef, combined with this trade im- We were able to demonstrate, how- ensure that pesticide residues on both balance had clearly demonstrated that ever, that this was actually an effort raw and processed food pose no reason- the United States needed to put an end by the California poultry industry to able risk of harm. This standard essen- to the use of unfair subsidized competi- erect a barrier to shipments of poultry tially means that there will likely be tion and to recoup its fair share of from historic poultry producing re- no more than a one-in-a-million chance world export trade. I was pleased that gions, specifically the Southeast. I ob- that a residue would cause cancer. The the Commerce Department acted to tained a copy of a report by the Cali- old standard was completely outdated, impose duties on Canadian pork. I also fornia Poultry Working Group, an in- given modern technology, that pre- wrote to the Trade Representative in dustry panel designed to study and vented some chemicals from being used 1994 to urge him to seek Canadian com- make recommendations on the Califor- that actually reduced the natural level pliance with the terms of NAFTA. I nia poultry industry, that stated in its of carcinogens in many commodities. also joined Representative ROSE to findings that the single, most signifi- This is an important reform and I am urge an ITC investigation of dumping cant barrier to industry growth was glad that we were able to achieve this of Canadian peanut paste in the United the high cost of poultry production in victory this year. States. California. On the other hand, poultry While there were some victories over When the United States began to producers in the Southeast are able to the last 2 years, there were also some consider food aid to the Soviet Union produce broilers and ship them to other defeats and close calls. I have long been in 1990, I encouraged the USDA to aid parts of the country at a profit. a supporter of private property rights that country by developing food dis- With Senator COCHRAN’s leadership, legislation. As a matter of fact, the tribution practices rather than simply we were able to block the implementa- only private property bill to pass the granting money. The precedent for tion of this new regulation in the fiscal Senate in the 103d Congress was the such aid was the food for progress pro- year 1996 agriculture appropriations Heflin-Dole private property bill. I am gram created in the 1985 farm bill and bill. During negotiations on the fiscal sorry to say that the effort to pass pri- successfully implemented in the Uru- year 1997 agriculture appropriations vate property rights legislation failed guay round. But as the situation be- bill a compromise was agreed to. Iron- in this Congress. I also regret that at- came more severe in the Soviet Union, ically, the compromise was essentially tempts to move regulatory reform leg- I urged the Agriculture Secretary to the same proposal that I put forward a islation were not successful. provide emergency, ready-to-cook pro- year earlier. Nevertheless, it was a deal As I close out my career in the U.S. visions. People were in desperate need that Southeast poultry producers could Senate, I reflect back on all that has of immediate help, and raw commod- live with. been accomplished. With regard to ag- ities like grain would not be as helpful. CONCLUSION riculture, I am extremely pleased and I did, however, remind the Secretary In addition to rewriting farm policy, proud of the progress made on behalf of that the aid would need to be provided the 104th Congress made substantial rural America and family farms. as a credit, not a grant. I also urged progress in other areas under the agri- Over the last 18 years, I am proud to the Agriculture Secretary not to aban- cultural policy umbrella. Earlier this say that I have been a part of working don United States textile bags in this year, the Congress passed and the to ensure that electricity and water Food for Peace Program; that decision President signed H.R. 2029, the Farm and sewer systems were extended to would have resulted in the loss of Credit System Reform Act of 1996. This areas where they once were not. We American jobs in favor of Chinese slave important legislation brought a degree have strengthened the family farm by labor. I also advocated sending peanut of regulatory reform to the Farm Cred- providing adequate capital to farms butter and other peanut products to it System Banks while also addressing and agribusiness. We have passed farm Russia, which was looking for a cheap needed charges in Farmer Mac and re- bills that have stabilized the family meat substitute. solving the FAC debt issue. farm, made the American farmer the S12434 CONGRESSIONAL RECORD — SENATE October 21, 1996 envy of the world and at the same HOLM, a long-time friend and colleague. In responding to the Senator, Secretary time, protected the environment and I have had the pleasure of working Block first tried to correct Senator Heflin, reduced the deficit. Through the work with him over the years on many agri- ‘‘It’s the P, I, K program, Senator, PIK!’’ cultural issues, particularly those re- Senator Heflin paused for a dramatic moon the Agriculture Committee we have ment and replied, ‘‘Oh, I thought you said P, extended technological advancements lating to the peanut program. Should I, P, the Pig in a Poke program.’’ The room into rural America through telemedi- the Democrats regain the House major- roared with laughter, and everyone under- cine and distance learning initiatives. ity this fall, CHARLIE will probably be stood Heflin’s attitude about the proposed Foreign markets for U.S. agricultural the Agriculture Committee’s new new program. products have been opened wide and ag- chairman. On a more serious note, there can be little ricultural research has led to more effi- I ask that a copy of Congressman doubt, that, over the years, Senator Howell STENHOLM’s remarks be printed in the Heflin has been ‘‘Mr. Peanut’’ in the Senate, cient farming with breakthroughs such and the real reason the program has enjoyed RECORD. It gives an entertaining and as no-till agriculture and precision such strong support over the years in the farming employing satellite imagery. humorous inside account of some of Senate. While a great deal has been accom- our behind-the-scenes battles on these It was not always that way. During the de- plished, I am still concerned about important issues over the years. bate on the 1981 farm bill when the Senator what the future may hold. As the The material follows: was still new in the Senate, then Committee American society continues to become NOTES FOR SPEECH AT SENATOR HOWELL Chairman Richard Lugar offered in the Sen- ate a motion that effectively killed the pea- more urban, fewer and fewer have an HEFLIN EVENT, AUGUST 20, 1996 Senator Heflin was elected to the United nut program. In a dramatic, difficult vote, appreciation for issues affecting rural the Senate approved Senator Lugar’s mo- America. Furthermore, I believe that States Senate in 1978, and begin serving on the Senate Agriculture Committee just as tion. There was then a pause in the delibera- most take for granted that only 3 per- the committee began work on the 1981 farm tions when Senator Heflin and Senator War- cent of the American population, in ad- bill. Everyone knew the ’81 bill would be a ner of Virginia got all the peanut representa- dition to feeding the world, provide challenge, the Republicans had just taken tives and farmers that were in Washington this country with the highest quality, the White House and the Senate. Senator for the Farm Bill debate into a room to dis- most abundant and affordable food sup- Richard Lugar became the Chairman of the cuss what to do next. Everyone agreed the Senate Committee on Agriculture. The Indi- peanut acreage allotment program was dead, ply of any nation in the world. but if another type of program could be de- The 1996 farm bill, which is a major ana Senator was not known for his support of the peanut program. signed in a matter of minutes that would departure from traditional farm pro- Those present at the time and involved in keep peanut farmers in business without al- grams, leaves an uneasy feeling for the the development of the farm bill remember lotments, perhaps the Senate could be per- future. Although it was ostensibly de- that then Freshman Senator Howell Heflin suaded to accept some type of new program. signed to bring certainty to farming, I took a particular interest in the peanut pro- Mr. Ross Wilson, a strong admirer of Sen- believe the 1996 farm bill created many gram. One producer representative, Larry ator Heflin and the manager of the South- west Peanut Grower’s association sat down potential problems that we may not Meyers, has commented that in his 24 years in Washington, Senator Heflin was the only with the peanut leadership present, and even be aware of for some years to wrote out in longhand on a yellow pad what come. Specifically, I believe decoupling Senator who, when asked to support the program, made Larry sit at the Senator’s desk is essentially the poundage quota program payments from market prices was a while he went through the entire bill, dis- we have today. Senator Heflin and Senator mistake. Only time will tell, but I hope cussing even the proper placement of com- Warner then took that yellow pad to the that there will be Members of Congress mas and semicolons, to ensure the bill re- Senate floor and passed a new peanut pro- who are sympathetic to the needs of flected truly what was best for peanut grow- gram. It was a dramatic moment. It meant hun- ers. rural America should the Freedom to dreds, if not thousands of small farmers That kind of detail and preparation has Farm proposal fail. could stay in business, and it came about be- made Senator Heflin a formidable foe on the I am also concerned about the state cause Senator Heflin was willing to stand up Senate floor for those who sought to end the of the cotton industry. I have been con- with farmers. program. A couple of interesting stories And as a result, you can say Senator How- tacted recently by sectors of the indus- came out of that 1985 farm bill period. Early try raising concerns about the growing ell Heflin is, ‘‘The Father of the Modern Pea- in the farm bill process, another new Senator nut Program.’’ volume of cotton imports into this and now Governor of California Pete Wilson In the ensuing years, during farm bill de- country. This is something that I plan tried to offer a difficult to understand bates and even during appropriations consid- to monitor in the near future. Also, I amendment affecting a small crop in Califor- erations, the peanut program has been at- am curious to see the effectiveness of nia. It was just before lunch, members were tacked several times, But each time, we had the bioengineered Bt cotton seed. Bt anxious to adjourn the meeting and there a peanut leader in the Senate: Senator How- cotton was engineered to be resistant was little interest in the amendment. When ell Heflin would stand and defend the pro- Senator Wilson finished offering his amend- gram strongly as he did this year, and each to insects. To date, reports indicate a ment, there was an awkward silence when no great deal of success with this new cot- time, those attacking the program suffered one seconded the amendment. Suddenly, just defeat and the peanut program continues. ton. I will be curious to review results before the Chairman was about to rule the We owe him a great deal of appreciation. after the current harvest is complete,. amendment out of order and adjourn the Yes, although it can be said Senator Heflin Farming families and rural commu- committee for lunch, Senator Heflin sud- saved the peanut program repeatedly over nities are the backbone of this great denly spoke of the amendment’s outstanding the years, but in addition, there are several Nation. I am proud to have served on merit and seconded the motion. With that, provisions of the peanut program we can their behalf on the Agriculture Com- the Committee quickly approved the meas- look to and know that they developed di- ure and adjourned for lunch. rectly by the Senator: The support price es- mittee for 18 years. As I return to Ala- Senator Wilson quickly left his seat and calator based on the cost of production we bama and the many farmers in north- came around the table to say thank you to enjoyed since 1985 until this year; the three ern Alabama, I will continue to meet Senator Heflin, who he admitted he really marketing associations being written clearly with, and monitor, the state of U.S. ag- did not know since they were both new to into the law; and dozens of smaller provi- riculture and the proud farmers who the committee. sions that have made the program work produce our food and fiber. It is my sin- Senator Heflin replied to Senator Wilson more efficiently and at lower cost to the gov- cere hope that those who remain in with a smile and a wink, ‘‘Senator, we don’t ernment. grow your California crops in Alabama, but In addition, and perhaps most significant, Congress, and those to come, will give we do grow peanuts!’’ and something I have personally witnessed, the proper consideration to rural issues Senator Wilson got the message, and later has been Senator Heflin’s work in Con- as they come before this body. voted in support of the peanut program. ference. Mr. President, back on August 20, At another point about this time, then After the House and Senate pass a bill, 1996, the Alabama Peanut Producers Secretary of Agriculture came before the there are almost always differences that held a dinner in my honor. I was very Senate agriculture committee to promote a must be resolved in what we call a ‘‘Con- thankful and humbled by their out- new program called ‘‘P, I, K’’ or Payment In ference’’; a meeting of members to iron out Kind. After the Secretary finished testifying pouring of affection and humor that the differences and come up with language in favor the PIK program, Senator Heflin both Houses will approve. evening. questioned the Secretary with a long inquiry This is where Senator Howell Heflin has One of the most memorable and hu- wherein Senator Heflin clearly referred to been of most value to this industry, particu- morous speeches was one given by the program as ‘‘P, I, P’’ or as the ‘‘PIP’’ larly this year when we had to make the Texas Congressman CHARLIE STEN- program several times. most of a bad situation. October 21, 1996 CONGRESSIONAL RECORD — SENATE S12435 Charlie Rose and I always knew, if we lost strong commitment and leadership on THANKS TO STAFF an important provision, Senator Heflin behalf of rural America, his efforts would put it back in, or if we could get a new ∑ Mr. HEFLIN. Mr. President, on the were recognized with the establishment last day the Senate was in session, Oc- provision, Senator Heflin could keep it in of an empowerment zone in south when the bill came to conference. tober 4, I stood on the floor and briefly This year it was particularly true when Texas, one of only three in rural Amer- thanked my staff members for all their you can credit Senator Heflin with killing ica. hard work over the years. At that time, the 5-percent penalty for loan peanuts which I recall working closely with KIKA DE I had a list of their names, hometowns, would have hurt every peanut farmer in this LA GARZA over the years. We have and date of joining our staff inserted country. worked many long hours together to into the CONGRESSIONAL RECORD. I also It was fun to watch: When the debate got restructure the Farm Credit System heated, if you saw Senator Heflin lean back said that later, I would make addi- in this chair, slowly push the plastic back on and provide disaster assistance when tional comments about each of those. his cigar and begin to chew, you knew he was our Nation’s producers have suffered As I said, it is easy to take staff for thinking and was about to close in for the from drought and other natural disas- granted. Much of what they do is car- kill—this year on the Republican Leadership ters. However, what comes to mind ried out in such a way that we might that was seeking to decimate the program. when I think of KIKA DE LA GARZA is not be aware always of what they are I know you are not fully happy with the his invaluable leadership in defense of doing. But they put in long hours just program the way it turned out in the end, the peanut program. It may come as a like we do. They are dedicated not only but we got one. And the challenge can be surprise to some, but the peanut pro- summed up with the remark that Senator to us, but to the States we serve. My Richard Lugar was heard to make after the gram is vitally important to Alabama staff has helped thousands of Alabam- farm bill conference: ‘‘In looking at this lan- and I have personally fought hard to ians and other citizens with problems, guage, I can see that once again, Senator preserve this program. Had it not been questions, projects, and other general Howell Heflin has prevailed over those of us for Chairman DE LA GARZA, though, we concerns. who sought to end the peanut program.’’ would not have been able to maintain I have been fortunate to have many Senator Heflin, that is a fitting tribute. this program that is also an integral long-time staff members who have been Congratulations, and thank you.∑ part of Texas agriculutre. Many were with me for many years, some since my f the occasions that I came to KIKA and first year in the Senate. Others have TRIBUTE TO THE HONORABLE I told him that I needed his help and not been here as long, but have still KIKA DE LA GARZA without fail, we were able to hold off made valuable contributions. Most efforts to eliminate the peanut pro- have come from Alabama or had some ∑ Mr. HEFLIN. Mr. President, I rise gram. For this, I am deeply grateful to today to pay tribute to the Honorable connection to the State, such as being KIKA. an alumnus of a university there, but KIKA DE LA GARZA. There is nobody in the U.S. Congress As KIKA DE LA GARZA leaves Congress others have come from the Washington more deserving of a tribute than the and returns to Texas, we are truly wit- area or other parts of the east coast. distinguished and longtime chairman nessing the end of an era. KIKA DE LA I am proud of my staff, both here in of the House Agriculture Committee GARZA has outlasted Bob Poage, Her- Washington and in the four State of- and defender of rural America and fam- man Talmadge and Jamie Whitten to fices. They have done an outstanding ily farms. become the dean of American Agri- job for the Senate, for the State of Ala- bama, and for the Nation and I thank KIKA DE LA GARZA began his elected culture. Rural America has had no public service with six terms in the stronger advocate than KIKA DE LA all of them and wish them well as they Texas House of Representatives and GARZA, he has indeed been the cham- retire or move on to new career oppor- was first elected to the U.S. House of pion of the small farmer. tunities. I would now like to say a few words about each of those who are still Representatives in 1964. KIKA was im- When KIKA and his wife, Lucille, re- mediately appointed to the Agriculture turn to Texas, they will return home to serving with us during these final Committee and has served as the com- Mission. Mission, TX, is known for pro- weeks of my term. mittee chairman since 1981. As a mat- ducing famous Texans, among them in- STEVE RABY ter of fact, KIKA was the first Hispanic clude Tom Landry and Lloyd Bentsen. Heading up my Washington staff is American to head-up a standing com- However, none have contributed more Steve Raby, my administrative assist- mittee of the House of Representatives. to improving the lives and living condi- ant. Over the years, Steve has been a KIKA DE LA GARZA is very proud of his tions of all Americans. Congress will tireless worker and voice for the State Hispanic heritage, and with good rea- indeed be a different place next year of Alabama and the Nation. He has su- son. KIKA can trace his ancestry back and it will sorely miss the wisdom and perb judgment and unsurpassable abil- to one of the ruling families of Spain leadership of KIKA DE LA GARZA. ity to motivate workers under his su- and to one of the earliest settlers of From the beginning, man has been at pervision. He first joined my staff in Texas. Don Martin de Leon and his work in agriculture. In Genesis Chap- January 1984 as a legislative assistant wife, Dona de la Garza, petitioned the ter 3, Verse 23, Moses writes, ‘‘There- focusing on agriculture and rural de- Spanish Governor in San Antonio for fore the Lord God sent him forth from velopment policy. In 1987, he became the right to establish a permanent set- the Garden of Eden, to till the Ground my administrative assistant, respon- tlement in Texas long before Moses from whence he was taken’’. Although sible for legislative and political mat- Austin had received permission. KIKA is there are tremendous challenges that ters affecting Alabama. Steve was born also proud of his Alabama ancestry, as lie ahead, the Sun shall rise tomorrow, in Huntsville, AL, and received his he often reminds me that he can trace and we can bear fruit for our neighbors bachelors and masters degrees from some of his forebears to Etowah Coun- and friends and those who are without Auburn University. I have accused him ty, AL. nourishment. As we strive to feed a numerous times of filling my staff with During his tenure as committee growing population, protect our envi- Auburn graduates so he could have chairman, KIKA DE LA GARZA has suc- ronment, and keep farmers and ranch- more support in the Auburn-Alabama cessfully guided the passage of three ers strong, I am confident that with football rivalry. Prior to joining my omnibus farm bills. He is also respon- God’s guidance, those who rely upon staff, Steve worked as a research as- sible for a major overhaul of the agri- him will succeed. We have all been sistant at the Federal Reserve Bank in cultural lending system, Federal crop blessed to have had the wisdom and Atlanta analyzing economic indicators insurance reform, reorganization of the leadership of KIKA DE LA GARZA. As of regional economy. Steve is married USDA, and reforms in pesticide laws. Americans we are all better for his to the former Denise Cole. They have Chairman DE LA GARZA has also service to this great country. As KIKA two sons—Nathan and Keenan. I pre- brought special attention to rural de- and his wife, Lucille return home, as dict a great future for him in anything velopment and the needs of rural fami- Mike and I are returning home, we he undertakes, including politics. lies. He has fought tirelessly for rural wish them both the very best for many WINSTON LETT development programs such as rural years to come. It has been my honor to As ranking Democrat on the Judici- waste and water systems. Through this have served with KIKA DE LA GARZA.∑ ary Subcommittee on Administrative S12436 CONGRESSIONAL RECORD — SENATE October 21, 1996 Oversight and the Courts, I have faced of Birmingham, AL, Cappie attended JOYCE D. HACKWORTH a myriad of interesting and challenging the University of Alabama and the Joyce Hackworth has been with me issues. Since 1990, Winston Lett has Katherine Gibbs School in Boston, MA. since the beginning of my Senate ca- served as Democratic chief counsel and During her years of service on my staff, reer, building on her legacy of working staff director of this prestigious sub- Cappie has tackled many special with Democratic Senators from Ala- committee and has worked with me on projects. One of the most notable was bama. Born and raised in Montgomery, multitudes of legislation. Born in the 1994 National Prayer Breakfast AL, she attended Troy State Univer- Opelika, AL, Winston graduated from honoring President Bill Clinton. As sity before going to work for Senator Auburn University and received his law chairman of the Senate Prayer Break- John Sparkman in January 1971. In degree from the University of Alabama. fast, I was responsible for organizing a fact, Joyce moved to Birmingham to It is safe to say that Winston is a fa- guest list of several thousand dig- open Senator Sparkman’s first State vorite son of his hometown: The nitaries from over 100 different coun- office. She remained with him until he Opelika and Auburn Chambers of Com- tries. I relied heavily on Cappie, who retired in 1979. I was elected to Senator merce proclaimed ‘‘Winston Lett Day’’ managed the event masterfully. Presi- Sparkman’s seat that year and brought in 1989. Aside from this distinction, dent Clinton and Vice President AL Joyce over to my staff. She has been Winston was assistant attorney general GORE both thanked Cappie personally the office manager in my Birmingham in Alabama from 1973 to 1977 before for her outstanding work. Cappie’s next office since January 1979, and says she transferring to Washington as adminis- special project is of a more personal plans to retire along with me. Her re- trative assistant to the late Represent- nature: Her Spring 1997 wedding to Bill tirement date, effective January 2, ative Bill Nichols of Alabama until Stiers. She is most attractive as well 1997, will mark 26 continuous years as a as efficient. 1988. In 1989, Winston was administra- U.S. Senate staffer. Eighteen of those tive assistant to Representative GLEN TIM BROWN years have been spent on my staff han- BROWDER before joining my staff a year Tim Brown has been my loyal and dling everything from casework to the later. Winston has been a calm, steady dedicated traveling companion over wide range of constituent requests that voice amid many turbulent judiciary the years. He has been with me to each come into a Senate office on a daily matters and I deeply appreciate his and every county in Alabama at one basis. I appreciate her excellent work time or another. He has served as my outstanding work. He is an excellent and colorful personality. lawyer and has an exceptional ability State director, heading up all four of to get along with people. my Alabama offices, since 1995. Prior HENDERSON THAD HUGULEY DENISE ADDISON to that, he was the field representative Thad Huguley, who has been with my responsible for 23 counties based out of Denise Addison was born here in Washington staff since 1992, hails from Montgomery. He came to my Mont- Washington, the fifth child of Elmer Lanett, AL. While a student at the gomery office in 1985 after working on and Louise Meadows. She graduated University of Alabama, he served as my campaign the previous 2 years. He from Saint Patrick’s Academy in 1975 vice president of the Student Govern- earned a bachelor of arts degree from and has been a fixture on Capitol Hill ment Association, was inducted into Auburn University in 1971 and his law for 21 years now. She has worked for an numerous campus leadership and scho- degree from Jones Law School in 1976. astounding number of Members of Con- lastic honor societies, and worked as a From 1972 to 1983, he worked for his gress, beginning with Senator John V. part-time field reporter for the CBS af- family’s business—Brown and Sons, Tunney of California. Since then, she filiate in Tuscaloosa. He began working Inc., a trucking and textiles company. for me as a legislative correspondent. has also worked for Congressman Rob- Tim is from Enterprise, home of the fa- ert N.C. Nix of Pennsylvania; Senator As a legislative assistant since late mous boll weevil statue. His father, the 1993, Thad has been responsible for Charles H. Percy of Illinois; Senator late M.N. ‘‘Jug’’ Brown was mayor of Robert Kasten of Wisconsin; and Sen- telecommunications, commerce, envi- Enterprise for 18 years. He is married ronmental, banking, housing, transpor- ator Mark Andrews of North Dakota. to Cathy, an employee of Alabama She came to my office in 1988, and has tation, and labor issues. He seems to Power Co. His political instincts are have delved into virtually every pos- been an integral part of the success of sharp, and he has been my eyes and our correspondence, computer, filing, sible issue area at one time or another. ears in Alabama. He has been instru- He is a jack-of-all-trades who was al- and office management operations. She mental to the effectiveness of our married Alvin Addison in 1985, and to- ways able to master complex issues State operations and no one could have quickly. He has been a tremendous gether they have three children, Alvin, done a better job of keeping me up-to- Jr., Dominique, and Jasmine. asset to my office and has been instru- speed on local and State issues. mental in helping set and accomplish SONCERIA ANN BISHOP BERRY BEAU GREENWOOD our legislative agenda. He completed Every office has that one person who Beau Greenwood has been my agri- his master of arts in American history knows how to fix, find, and take care of culture legislative assistant since Feb- at American University in May 1996. just about anything. In my office, that ruary 1995. As we faced the formidable person is Sonceria Ann Bishop Berry. task of rewriting the farm bill in the LEA ALDRIDGE HURT Ann joined my Tuscumbia office in 104th Congress, I relied heavily on Lea Hurt has been writing media re- April 1979 and moved to Washington Beau. He worked with me to ensure leases, producing television and radio the following month as a secretary. that southern agriculture was treated feeds and juggling reporter queries in She eventually served as assistant of- equitably. We faced a tremendous bat- my press office since July 1991. Before fice manager before being promoted to tle with the peanut program, but fortu- joining my staff, she was a familiar office manager in 1992. A native of Bir- nately were successful in defending face on my hometown television sta- mingham, AL, Ann received her bach- this vital program. This long, grueling tion, WOWL–15 NBC, in Florence, AL, elors degree from the University of process came to a successful conclusion where she anchored the evening news. North Alabama. She is married to thanks in no small part to Beau’s ef- After moving to Annapolis in 1990 to be Reginald A. Berry and they have one forts. Prior to serving on my staff, he with her new husband Jay, Lea worked daughter, Elizabeth Ruth. Ann was one worked for Representative CHARLIE as an assignment editor at Sun World of my youngest staff members when ROSE of North Carolina from 1992 to Satellite News until I hired her a year she arrived in Washington. I have seen 1995. A native of Corpus Christi, Beau later to be my assistant press sec- her grow up into a fine young woman. is the son of Allen Greenwood of Cor- retary. Now, as communications direc- I am proud to have her as a member of pus Christi and Sherri Moore Green- tor, Lea handles a wide range of issues. my staff. She is one of a kind. wood of Little Rock, AR. Beau at- A native of Decatur, AL, Lea is the MARY CATHERINE BROOKS tended Texas A&M University and re- daughter of Linda and Walter Brooks. Mary Catherine Brooks, or ‘‘Cappie’’ ceived his undergraduate degree from She attended Calhoun Community Col- as she is known, joined my staff in George Washington University. He lege in Decatur, where she was SGA March 1989 as assistant to my adminis- studies each issue carefully and is a president, before graduating from the trative assistant, Steve Raby. A native master of details. University of North Alabama with a October 21, 1996 CONGRESSIONAL RECORD — SENATE S12437 degree in English. Lea and I work to- neau to work for the State of Alaska The American University, Catholic gether every week to produce my week- for 2 years before returning to Alabama University, Trinity College, and George ly column. I figured recently that we to live in Mobile in 1971. She has three Washington University. Before joining have put out around 280 columns on children: Jeri, Jana and Jill; one son- my staff, Mansel was a social studies topics ranging from the balanced budg- in-law, Dirk, and two grandchildren, teacher, special education teacher, and et amendment to constituent services. Taylor and Shelby. For 14 years, a consultant for International Business I have appreciated her hard work, Jeanne has helped thousands of people Services. He has received numerous pleasant personality, and dedication. in south Alabama with countless is- honors and awards, and received a Doc- She always presents an attractive ap- sues. I appreciate her dedicated work tor of Humane Letters degree from pearance. I wish her every future suc- and tireless efforts on my behalf. Faulkner University in 1984. ‘‘Dr. cess. BETTY STREETER LANIER Long,’’ as the staff affectionately calls BRENDA JARVIS Betty Lanier has been serving on my him, has been an outstanding public Brenda Jarvis knows Montgomery— staff for more than 10 years now as a servant and I could not imagine having everything from the city streets to the secretary and staff assistant. Most reserved in the Senate without his assist- State legislature. It is her hometown cently, she has worked extensively ance and leadership. as well as where she now lives with her with the legislative director, serving as JUDY LOVELL husband Jake and two children, Heath- his right hand in terms of managing Judy Lovell has been my correspond- er and Ricki Marie. Brenda joined my his heavy load of casework, correspondence manager since 1990. In those 6 staff as a field representative in 1990, ence, and legislative schedule. Pre- years, she has helped me develop and working with constituents, State agen- viously, Betty worked for Illinois Sen- maintain an office mail management cies, the State legislature, local gov- ator PAUL SIMON and for a short time plan to deal with the thousands of let- ernments and chambers of commerce. for Congressman Claude Pepper’s ters we receive every week. Judy takes Prior to that, she served as a member House of Representatives Subcommit- care of the mail in a full circle ap- of Governor George Wallace’s staff tee on Health and Long-term Care. She proach. She directs the incoming mail from 1971 to 1979 as an administrative also worked for several offices within to the appropriate person and then assistant working with legislation, ex- the Department of Justice, including oversees the final return mailing proc- traditions, the Department of Correc- the Federal Bureau of Investigation, ess, scrutinizing everything from gram- tions, the Board of Pardon and Parole, which brought her to Washington. mar to content. Aside from her out- the Department of Public Safety, court From the small Bullock County town standing work, Judy is also known for matters as well as appointments to of Midway, AL, Betty is endowed with her excellent bean dip, which we have boards, agencies and courts. From 1983 a variety of talents. She is a member of been fortunate enough to frequently to 1987, Governor Wallace appointed the Congressional Chorus, and has per- sample over the years. Before joining her to be assistant director of the formed with the group at inaugura- my staff, Judy worked for Senator State Commission on Aging responsible tions, annual lightings of the Capitol Howard Cannon of Nevada from 1981 to for the State administration of the Christmas tree, and Kennedy Center 1983, and Senator John Danforth of Older Americans Act. With her exten- Arts Festivals. In addition, she has Missouri from 1983 to 1990. She and her sive career background, Brenda has taken several Shakespearean acting husband John live in Bowie, MD, and been an invaluable help to me in many classes. A post and avid reader, she has have four children: John, Tim, Terry, matters over the years. I have enjoyed done an outstanding job and brought a and Tracy; and one grandchild, Katy. working with her. real cultural and artistic flair to the KRISTI MASHON MARY JANET JOHNSON office. Kristi Mashon has taken on the her- Jan Johnson was one of the original ALAN LEETH culean task of archiving documents ‘‘Howell’s Angels’’ in my 1978 campaign Alan Leeth has been a legislative as- from my career as a Senator and as for U.S. Senate. She and other volun- sistant and counsel in my office since chief justice of the Alabama Supreme teers worked many long hours for my December 1995, responsible for banking, Court. She has been working with me election and, thanks to these efforts, budget, tax issues and Indian affairs. In on this project since June 1995. Kristi we were successful. When I took office, the year that he has been with me, he previously served as archivist for Sen- Jan joined my staff working out of my has helped me develop and plan legisla- ator George Mitchell of Maine and is Tuscumbia office as a field representative initiatives, monitor developments also currently working for Senator tive and State aide, continuing her leg- within committees and on the Senate PATRICK LEAHY of Vermont. A native of acy of long hours and hard work. In her floor. Alan is from Opelika, AL, and is Austin, TX, Kristi is the daughter of 18 years on my Senate staff, Jan has the son of Roy and Carol Leeth. He Les and Barbara King. She graduated traveled the State of Alabama like few graduated from the University of Ala- from the University of Texas in 1988 others have. She knows the ‘‘where’’ bama at Birmingham and received his and completed her graduate education and the ‘‘who’’ and can tell you the al- law degree from my law school alma at the University of Maryland in 1995. ways-fascinating history that goes mater, the University of Alabama, Kristi and her husband Mike have one with it. Jan was born in Franklin where he met his wife Tracy. Alan has daughter, Madeleine, who recently County to Oscar and Nelda Lois Jack- been a tremendous asset to my staff celebrated her second birthday. I have son. She has a son, Jacob Johnson, and and I am sure I will continue to hear appreciated Kristi’s thorough work and a daughter, Mary Elizabeth Johnson great things from him in the future. attention to detail. I am confident that Cahoon. I have depended on her greatly WILLIAM MANSEL LONG, JR. my documents and memorabilia are in over the years and have appreciated William Mansel Long, Jr. began good hands. her hard work. working in my Washington office in KIMBERLY MCDONALD JEANNE JONES 1979 as a legislative assistant. Since Kim has been with my staff since No- Since September 1982, Jeanne Jones that time, he has moved up the ranks vember 1991. She started out as a legis- has been a case worker and secretary and currently serves as legislative di- lative correspondent, researching and in my Mobile office. For many years, rector. Mansel has proven himself to be formulating responses to constituent Jeanne was the right-hand for Bob a close friend, loyal employee, and mail. In 1995, she was promoted to case- Morrissette, my dear friend and field trusted advisor. I have known him and worker where she acts as a liaison be- representative in Mobile who passed his family for many years; he is also a tween constituents and Federal, State away only recently. The daughter of native of Tuscumbia. He served in the or local government agencies. Her Mr. and Mrs. James C. Lloyd, Jeanne Army for 2 years, earning a Good Con- areas of responsibility include Aging, was born in Birmingham, AL. She duct Medal. He received a bachelor of Foreign Affairs, Government Affairs, graduated from Shades Valley High arts degree from Tennessee State Uni- Health, Immigration, Labor, Postal Af- School and attended Jacksonville versity, and has taken graduate fairs and Social Security. As you can State University and the University of courses at Alabama A&M University, imagine, with such a wide range of is- South Alabama. Jeanne moved to Ju- District of Columbia Teachers College, sues, Kim stays busy. She has worked S12438 CONGRESSIONAL RECORD — SENATE October 21, 1996 with me to help countless Alabamians issues relating to foreign policy, inter- AL, she is the middle daughter of who thought they had no where to national trade, and general govern- Judge and Mrs. Larry Mack Smith. turn. It was only about a year ago that mental affairs. In addition to being an Samantha graduated from Hollins Col- our staff celebrated Kim’s marriage to excellent ‘‘wordsmith,’’ Barry has also lege in Virginia in 1992 with a degree in Curtis F.M. McDonald, our last ‘‘of- been instrumental to my work as French. She spent a total of 2 years in fice’’ wedding. I have enjoyed working chairman of the Senate delegation to France both as a student and as a with Kim and am sure that she will the North Atlantic Assembly, traveling teacher before joining my staff. Her continue to achieve great things. either with me or as my representative ability to juggle the hectic schedule re- TOM MCMAHON to NAA meetings in Berlin, Germany; quests that come into my office has Tom McMahon has been my press Copenhagen, Denmark; Oslo, Norway; been a tremendous asset to me. I appre- secretary since February 1989. As my and Turin, Italy. In the fall of 1993, he ciate the fine job she has done. chief spokesperson, Tom has to be con- began the graduate liberal arts pro- MARY K. SPEIS versant on a wide variety of issues. In gram at Georgetown University, at- Mary Speis has been with my staff this area he has proven himself as a tending classes in the evenings and on ever since the beginning of my tenure true ‘‘renaissance man,’’ able to knowl- weekends. He completed his master of in 1979. Her career on Capitol Hill, how- edgeably discuss everything from arts degree there in April 1996, con- ever, goes all the way back to 1965, bankruptcy reform to crop insurance. centrating his studies in the area of when she served as an assistant to Tom came to Washington in 1987 as international affairs. We were not sur- former Illinois Congressman Barratt press secretary to the late Representa- prised to learn that Barry was ranked O’Hara. A native of Washington, DC, tive Bill Nichols of Alabama. Prior to first in his graduating class and had her Alabama ties came about thanks to that, he worked in university relations the honor of serving as commencement her sister, Jackie, who worked for Ala- at his alma mater, Auburn University. marshall. bama Congressman TOM BEVILL before In fact, Tom leads the ‘‘Auburn gang’’ ROBERT SCHULTZ moving to Athens, Greece to be with in my office as a former president of Bob Schultz has been an outstanding her husband, a native of that beautiful the Metro Washington Auburn Club. He recent addition to my staff in Washing- country. Mary has often visited her sis- graduated from Auburn in 1984 with a ton. A Pennsylvania native and grad- ter in Greece during the summer recess degree in communications. Before uate of Dickinson College in Carlisle, periods. A graduate of the University graduation, he was station manager at Rob was brought on board earlier this of Maryland with a fine arts degree, Auburn’s WEGL–FM radio and worked year to handle the important task of she landed a job with former Alabama as an anchor and reporter at WAUD– compiling and summarizing my 18-year Senator James B. Allen working with AM radio, also in Auburn. He and his Senate legislative record. He com- the legislative assistants. In 1978, after wife Diane, a native of Scottsboro, AL, pleted a similar project for former Sen- the death of Senator Allen, she worked now live in the Washington area. I have ator Don Riegle of Michigan in 1993 and for his wife, Marion, who succeeded appreciated the outstanding work Tom 1994. Since he has been here, he has him in the Senate. In 1979, she came to has done over the years and am sure we compiled my record in certain policy my office to serve as an aid to the leg- will continue to hear great things from areas, such as defense and foreign pol- islative assistants. In 1985, she began him in the future. icy, agriculture, court reform and judi- working as my personal assistant and JACQUELINE A. NATTER ciary, civil rights, and space explo- has become very special to me and the Jackie joined my staff as a legisla- ration and NASA. Rob has done an in- rest of the staff. tive correspondent in November 1994, credible job under severe time con- YOLANDA ANGELINE TURNER after serving an internship at the State straints, and we could not have suc- Yolanda Turner came on board our Department’s Bureau for Political- ceeded without him. ‘‘Senate ship’’ in August 1992 as a staff Military Affairs. While she was study- BARBARA SHERRILL assistant working with the office man- ing international relations and English I noted in my retirement announce- ager and correspondence management at Georgetown University, from which ment that Tuscumbia, AL, is the best staff. The daughter of Mrs. Velda A. she graduated in 1994, Jackie com- little town in America to go home to. Ragland and Mr. Glenn A. Turner, she pleted an internship in my office and Barbara Sherrill, a secretary and case- is from Suitland, MD. Her mother and worked as a research assistant for the worker in my Tuscumbia office, figured sister, Monique A. Turner, work for National War College. As a self-de- that out years ago. A native of Wau- Senator BILL BRADLEY, just down the scribed ‘‘military brat,’’ her interest in kegan, IL, Barbara worked in Washing- hall from Yolanda. Their work in the military affairs started at a very young ton, DC, for the Air Force at the Pen- Senate is truly a ‘‘family affair.’’ Be- age, and has continued through her tagon. Her husband, Estes, is a native fore joining our office, she was a clerk academic and professional work. Cur- of Tuscumbia, so in 1971 after he re- typist for the resource management rently serving as a legislative assistant tired as an Air Force pilot, their family staff at the U.S. Department of Agri- handling national defense, space, and moved back to that area. Barbara culture. We were all excited earlier veterans issues, Jackie also coordi- joined my staff in 1985, working with this year by the birth of Yolanda’s nates my military services academy my chief of staff, the late Bill Gar- daughter, Breanna Akira Turner. nominations. She is the middle daugh- diner. Her assistance has been invalu- STANLEY VINES ter of Rear Admiral Jack and Nancy able to me as well as to the many con- If you want to know about voting Natter of Birmingham and is looking stituents who call or drop by the statistics and election demographics in forward to returning to Alabama at Tuscumbia office seeking help. She has the State of Alabama, Stanley Vines is some point in the future. She has been said that her greatest reward is hear- the man to see. With over 20 years of a valuable addition to my staff and I ing constituents say that the help they involvement in Alabama politics, he know she will make tangible contribu- received from our office has made a dif- has gathered a wealth of information tions to the fields of national defense ference in their lives. Barbara has about voting trends. Stanley’s political and foreign policy in the future. three children—Beth, Martha, and bloodline runs deep—his father’s family BARRY PHELPS Andy—and three grandchildren—Ben- has been active in politics in the Bes- A native of the Birmingham, AL jamin, Elizabeth, and Rachel. semer area for over a century. He area, Barry Phelps moved to Washing- SAMANTHA SMITH began political work in 1976 and since ton in 1989 after completing his master Two positions in a Senate office that that time, has set up phone banks and of public administration and bachelor are usually considered ‘‘gatekeepers’’ helped runs numerous campaigns for of arts degrees at the University of to the member are receptionist and Alabama candidates. Stanley began Alabama. He came to work for my of- personal scheduler. By that definition, serving as field representative in my fice in the fall of 1990 as a legislative Samantha Smith is the ultimate ‘‘gate- Birmingham office in 1982, after a 41- correspondent and 1 year later became keeper,’’ serving on my staff since Au- year career with American Cast Iron my speechwriter. Since that time, he gust 1993—first as a receptionist and Pipe Co. In the years since, he has has simultaneously handled legislative then as scheduler. Born in Florence, helped me better present the people of October 21, 1996 CONGRESSIONAL RECORD — SENATE S12439 Alabama by keeping me abreast of the vocate for the improvement of social the existing topnotch, challenging cur- issues and events going on in that area. conditions. Through her work as my riculum. Since its establishment in Born in Watson, AL, Stanley graduated Mobile field representative and other 1889, the school of nursing in Baltimore from Birmingham’s Phillips High leadership activities, she had helped has proven to be a nationally recog- School and attended Jefferson State communities address needs related to nized leader in the nursing profession, Junior College. Stanley and his wife, health care, employment, human providing high quality, specialized Ethel Catherine Vines, have two sons, rights, education, law enforcement, ec- training for nurses across the country. Thomas and James. onomics, and drug abuse. She is a The school ranks consistently among HEIDI WAGNER member of the New South Coalition the top 10 schools of nursing in the Heidi Wagner has served as a front- and an associate of the National Orga- United States and was recently listed office receptionist in my personal of- nization for Women. She is also first as sixth in the Nation by U.S. News & fice and most recently as clerk and vice president of Mobile’s Human World Report. staff assistant for the Subcommittee Rights Commission and serves on the The school is a leading supplier of on Administrative Oversight and the board of directors of the National Coa- professional nurses for Maryland, with Courts minority staff. A Mobile, AL lition of 100 Black Women’s Mobile close to 82 percent of its graduates native, she graduated from the Univer- County Chapter. The daughter of Mr. practicing in the State. With the in- sity of South Alabama and is working Charles and Mrs. Mary Lee Whitt, she creased demand for well-prepared on a masters degree at American Uni- is married to Dr. Joseph Colvis Mitch- nurses in health care delivery, I am versity here in Washington. She is the ell. Janetta has been an invaluable confident that the school’s graduates portrait of cool under pressure, since member of my State staff and I truly will provide this exceptional care to she is always able to handle even the appreciate her hard work and advocacy Maryland residents, as well as to all of most demanding tasks and situations on so many issues and projects.∑ our Nation’s citizens. with grace, professionalism, and good f As the first school in the world with humor. She is sort of a word ‘‘con- TRIBUTE TO THORTON STEARNS a nursing informatics program, as well noisseur,’’ constantly challenging staff as the Nation’s first program in nurs- ∑ Mr. KERRY. Mr. President, I am ing health policy, the School of Nurs- with the presentation of new words and pleased to offer congratulations to definitions to enhance their vocabu- ing at the University of Maryland Bal- Thorton Stearns, a graduate of the timore campus is a leader in providing lary. Her ‘‘Word of the Day’’ feature Massachusetts Institute of Technology appearing on computer screens each the innovative knowledge and skills re- and longtime resident of Winchester, quired to practice in an ever-changing morning was often a welcome way to MA, who is the first recipient of the begin the day. profession. The school currently offers Eugene Joseph McCarthy Philan- concentrations in a variety of fields in- SALLY WALBURN thropist of the Year Award, presented The first voice you hear when you cluding oncology, additions, neonatal by Winchester Hospital. intensive care, primary care, geron- call into my Washington office is that For more than 15 years, Mr. Stearns tology, informatics, and community- of Sally Walburn. Her cheery ‘‘Senator has generously supported the hospital’s based care. HEFLIN’s office, this is Sally. May I philanthropic efforts. He has embodied Mr. President, I was privileged to at- help you?’’ has opened up hundreds of the spirit of philanthropy of Mr. Eu- tend the ground breaking ceremony for conversations with Alabamians. Sally gene McCarthy. Mr. McCarthy was a this exceptional facility on September has been my receptionist since June quiet, private, but generous man who 27. I urge my colleagues today to join 1996. A native of Tuscaloosa, AL, she is upon his passing left Winchester Hos- me once again in recognizing the the youngest child of Dr. and Mrs. pital and numerous other charities a $1 James Walburn. Sally graduated from million bequest. school of nursing for its dedication to Ole Miss in May 1996 with a degree in Thorton Stearns, known affection- innovative educational programs of the English. Although her time on my staff ately to the staff of Winchester Hos- highest caliber, its focus on commu- has been brief, she has demonstrated pital as ‘‘Thorny,’’ has served the hos- nity service, and its commitment to her outstanding abilities in dealing pital as a corporator. He has acknowl- clinical research. The gifted students with constituents on the ‘‘front line.’’ I edged that his philanthropy has a com- who will receive their education in this wish her every future success. ponent of self-interest, having said, ‘‘I new facility will prove critical in ensuring that the people of Maryland and JAMES G. WHIDDON III have used the hospital and I might need its services again; therefore, it is across the Nation will receive quality Jim Whiddon is currently serving as care in our changing health care envi- my counsel on the Subcommittee on important that I support the hospital ronment.∑ Administrative Oversight and the financially.’’ f Courts and as legislative assistant for Now chairman of the Vacuum Barrier energy and natural resources issues. He Corp., which he founded in 1958, MARTIN LUTHER KING, JR. has done an outstanding job on these Thorton Stearns continues to be an ac- MEMORIAL and other issues that have come his tive member of the Winchester community. I am pleased to recognize his ef- ∑ Mr. SARBANES. Mr. President, I am way since joining the staff in 1993. He forts on behalf of Winchester Hospital very pleased that the Senate earlier has been especially helpful on bank- and wish to congratulate him on being this month passed legislation, as part ruptcy reform and the constitutional chosen as the first recipient of its Phi- of the omnibus parks bill, to authorize amendment to ban flag burning. Before lanthropist of the Year Award. the Alpha Phi Alpha Fraternity to es- moving to Washington, he worked in ∑ f tablish a memorial to Dr. Martin Lu- Atlanta. Jim, a native of Montgomery, ther King, Jr., in the District of Co- attended the University of Alabama, THE SCHOOL OF NURSING AT THE lumbia. where he earned his bachelor of science UNIVERSITY OF MARYLAND BAL- I first introduced this legislation in degree at Samford University in Bir- TIMORE the U.S. Senate in 1985 and have re- mingham, where he obtained his juris ∑ Mr. SARBANES. Mr. President, I rise introduced it in each succeeding Con- doctor degree from the Cumberland to offer my congratulations to the gress. While we have been able to move School of Law. He served as a law clerk School of Nursing at the University of this legislation through the Senate in to the Honorable Rodney R. Steele, Maryland Baltimore campus and its two previous Congresses, until now it Chief Judge of the U.S. Bankruptcy dean, Dr. Barbara Heller, as ground has failed to pass the House of Rep- Court for the Middle District of Ala- breaking begins for a new, state-of-the- resentatives. Fortunately, the bill has bama. art facility designed to provide an ex- now also passed in the House of Rep- JANETTA WHITT-MITCHELL ceptional environment for students to resentatives, thanks to the good work Janetta Whitt-Mitchell is a native of obtain a high-technology, interactive of Congresswoman MORELLA and Con- Mobile, AL. She graduated from nursing education. gressman DIXON. Tuskegee University and is a longtime The 150,000-square-foot building will Since 1955, when in Montgomery, AL, community activist and energetic ad- combine cutting edge technology with Dr. King became a national hero and S12440 CONGRESSIONAL RECORD — SENATE October 21, 1996 an acknowledged leader in the civil clopedia, he enjoyed the history of pol- Mr. President, as General Blanck as- rights struggle, until his tragic death itics as much as he did the campaigns. sumes the responsibilities of being the in Memphis, TN, in 1968, Martin Luther Mr. President, Harold Jinks taught principal medical advisor to the Chief King, Jr., made an extraordinary con- us all the importance of being involved of Staff of the Army, I am certain that tribution to the evolving history of our in our Government. He chided us when he will approach his job with enthu- Nation. he thought we were dragging our feet siasm, seriousness, and with a commit- His courageous stands and unyielding and applauded us when we were con- ment to excellence. I wish him contin- belief in the tenet of nonviolence re- scientious. He was loved by those of us ued success in his duties and commend awakened our Nation to the injustice in Arkansas who shared his passion for him for the service he has rendered the and discrimination which continued to politics, and he will be missed by all Army and the Nation.∑ exist 100 years after the Emancipation who had the good fortune to know him f Proclamation and the enactment of the and be touched by him and his infec- guarantees of the 14th and 15th amend- tious enthusiasm for the political proc- TRIBUTE TO THE LATE MABEL ments to the Constitution. ess. LEE BURROUGHS Mr. President, Martin Luther King, Betty and I extend our deepest sym- Jr., dedicated his life to achieving pathy to Harold’s lovely and devoted ∑ Mr. THURMOND. Mr. President, I equal treatment and enfranchisement wife, Wilma. We owe her our gratitude today pay tribute to Mrs. Mabel Lee for all Americans through nonviolent as well for sharing Harold with us.∑ Burroughs, who recently passed away means, and a memorial in the Nation’s f after leading a very long and rewarding Capital honoring Dr. King’s tremen- life. TRIBUTE TO LT. GEN. RONALD R. dous contributions is long overdue. I The region of South Carolina that BLANCK want to again extend my thanks to all stretches from just north of Charleston those who have worked so hard to ∑ Mr. THURMOND. Mr. President, up to the North Carolina line, and only bring this effort to fruition. Without reaching the top of one’s profession is a few hundreds west—literally not their tireless efforts over the years, perhaps the most rewarding experience much further than a stone’s throw this important legislation would not any person can achieve in their career, from the edge of the sand dunes—is have been enacted.∑ and today, I pay tribute to a good known as the Grand Strand. This area f friend, Lt. Gen. Ronald R. Blanck, who has always been famous for having has reached the pinnacle of the Army’s some of America’s most beautiful HAROLD JINKS Medical Corps with his promotion to beaches, and for years it has been one ∑ Mr. BUMPERS. Mr. President, Ar- the position of Surgeon General of the of the favored vacation destinations of kansas lost one of its treasures last Army. people from around the world. week. Harold Jinks of Piggott, AR, When one thinks of military medi- Much of the popularity of the Grand whom Arkansans affectionately refer cine, the image that comes to the Strand can be attributed to the work to as ‘‘Mr. Democrat,’’ passed away at minds of most people is that of an and vision of the Burroughs family. the age of 90. Army medic rushing to the aid of a The late James Burroughs, Mabel’s If the term ‘‘yellow-dog Democrat’’ fallen comrade. While there is probably husband, was a successful community were in the dictionary, Harold Jinks no sight more comforting to a wounded and business leader who, along with a would be listed as the definition. soldier than a medic, Army medicine number of other individuals, became Though Harold Jinks studied to be a goes far beyond the soldiers who brave interested in the commercial potential farmer in school, it was the study and fire on battlefields in order to save of the Grand Strand as a resort area. In practice of politics that sustained him lives. Included in the Army Medical the years following World War II, these throughout his life. Corps are doctors, nurses, and special- development pioneers were responsible A friend to many Presidents and to ists of all kinds who serve in a sophisti- for converting Myrtle Beach from a every major Democratic officeholder in cated system of clinics, hospitals, and quiet and little known stretch of Arkansas, Harold Jinks brought enthu- research facilities. No matter where sunkissed sand to an area that offers siasm into every rook he entered. He they are stationed, soldiers have access unlimited recreational opportunities admonished young people about their to excellent care thanks to the efforts for tourists and South Carolina resi- duty to vote and be involved in poli- of the selfless men and women of the dents. This tradition of entrepreneurial tics. To Harold, being a mere spectator Medical Corps and the leadership pro- spirit and business success is being car- in politics was a sin. You had a duty to vided by the Surgeon General of the ried on by Egerton Burroughs, the son be a player. Army. of Mabel and James, who is the devel- Active in his community and his As he packs his bags and leaves the oper of the successful and popular fam- church, Harold worked for many years Capital area for his new job at Fort ily attraction, Broadway on the Beach. at USDA and was at one time a special Sam Houston, TX, General Blanck as- Without question, the late Mrs. Bur- assistant to the regional director of the sumes this post with the praises of his roughs played an important role in her U.S. Postal Service. patients, as well as his peers in both husband’s business successes, and cer- Harold was southwest regional direc- the Army and in the medical fields of tainly served as a trusted adviser in his tor for the Democratic National Con- the other services. Throughout his ca- dealings. For almost 20 years she vention in 1957 and attended most con- reer as a doctor and Army officer, the served as an account associate with the ventions thereafter either as a delegate new surgeon general has established a family-owned firm, Myrtle Beach or strong advocate for the national respected, and well-deserved, record for Farms, as well as being an original ticket. He chaired the Arkansas Com- professionalism, leadership and, most trustee and secretary treasurer of the mittee on Seniors for Carter-Mondale. importantly, compassionate care. Be- Burroughs Foundation, a philanthropic In retirement, if you could call it ginning with his initial assignment as organization. that with Harold, he authored books a battalion surgeon in Vietnam to his Mrs. Burroughs was more than a and founded the Senior Democrats of tenure as the commander of Walter loyal wife, dedicated mother, and suc- Arkansas and served as chairman of Reed Army Medical Center, General cessful businesswoman, she was also a the Arkansas Joint Legislative Com- Blanck has repeatedly sought innova- public spirited citizen who gave much mittee of the National Retired Teach- tive and more efficient manners in of herself to the people of Myrtle ers Association and AARP. He also which to treat patients, demonstrated Beach. Born in Loris, SC, which is just found time to organize the Washing- an ability to find solutions to complex a short distance from the beach and is ton-based Buy American Action Coali- tasks, and been an advocate for rein the heart of my State’s tobacco tion to promote the buying of Amer- search into treatment that will benefit country, Mabel Burroughs learned at ican products. soldiers. Without question, General an early age the importance of commu- He was a walking whirlwind of activ- Blanck brings an impressive set of cre- nity and working together. Throughout ity, and always at work promoting a dentials to the Army’s top medical her life, Mrs. Burroughs was active in a cause or a candidate. A virtual ency- post. number of causes that sought to make October 21, 1996 CONGRESSIONAL RECORD — SENATE S12441 our State a better place, and she ap- could provide to help either a transition gov- tion from Marxist to market economies has proached these endeavors with enthu- ernment in Cuba or a democratically elected shown that resolution of most expropriation siasm and commitment. Additionally, government in Cuba establish mechanisms to claims can take several years, even when resolve property questions; governments move expeditiously to set up she was a devoted Christian who gave An assessment of the role and types of sup- the proper mechanisms to do so. While they freely of her time and was strongly in- port the United States could provide to help are engaged in these efforts, these new gov- volved in her church and parish. resolve claims to property confiscated by the ernments have also been faced with a myriad Mr. President, with the death of Cuban government that are held by United of other political and economic challenges. Mabel Lee Burroughs, South Carolina States nationals who did not receive or qual- The United States’ goal in these transitions has lost one of its most well known, ify for certification under section 507 of the has been—as it will be in Cuba—to help the well liked, and well respected daugh- International Claims Settlement Act of 1949; new governments maintain stability, over- ters and business leaders. I join the en- and come these many challenges and firmly es- An assessment of any areas requiring legis- tablish democratic governments and market tire Burroughs family in mourning this lative review or action regarding the resolu- economies. Within this broader context, and passing and extend my deepest sym- tion of property claims in Cuba prior to a balancing objectives when necessary, prompt pathy to Mrs. Burroughs’ sister, Ruby change of government in Cuba. resolution of property claims is a priority for Lee Hughes; two sons, Egerton and ESTIMATE OF CLAIMS the U.S. government, both in order to pro- Howard; and her two grandchildren.∑ Under the Cuban Claims Program, estab- tect the interests of U.S. claimants and to f lished by Title V of the International Claims stimulate investment in a new Cuba. Settlement Act of 1949, as amended in 1964, ASSISTANCE AND SUPPORT FOR RESOLVING REPORT CONCERNING THE CUBAN 8,816 claims were filed with the Foreign PROPERTY CLAIMS LIBERTY AND DEMOCRATIC SOL- Claims Settlement Commission (FCSC). In Consistent with long-standing practice and IDARITY [LIBERTAD] ACT OF 1996 1972, the FCSC completed its Cuban claims international law, the United States would ∑ Mr. HELMS. I wish to bring to my program and certified 5,911 claims against expect to assist U.S. nationals with claims colleagues’ attention a report submit- the Cuban Government. The value of these against the Government of Cuba. One aspect claims was originally $1.8 billion, but is now of such assistance may be the negotiation of ted by the Secretary of State on ‘‘The estimated with interest to be approximately a lump-sum settlement of certified claims, Settlement of Outstanding United $6 billion. as forseen by the FCSC’s Cuban Claims Pro- States Claims to Confiscated Property No systematic accounting has ever been gram under Title V of the International in Cuba’’ as mandated by Public Law done for claims of U.S. nationals in addition Claims Settlement Act. The timing of any 104–114, the Cuban Liberty and Demo- to those claims cetified under the FCSC’s such negotiation cannot be predicted now. cratic Solidarity [LIBERTAD] Act, and Cuban Claims Program. Virtually all such Resolution of non-certified property claims and disputes in Cuba could be facilitated by I ask that it be printed in the RECORD. claims are held by individuals and companies technical and other assistance from the U.S. The report follows: that were not U.S. nationals or entities at the time of the loss. Based on the approxi- government. Programs of this kind could as- DEPARTMENT OF STATE, mately 1.5 million Cuban-Americans in the sist officials of a transition or democratic Washington, DC, September 27, 1996. United States and the U.S. government’s Cuban government in the development of Hon. JESSE HELMS, previous experience with claims resolution, policy alternatives, formulation of legal and Chairman, Foreign Relations Committee, U.S. we would estimate that there may be from administrative mechanisms, public edu- Senate. 75,000 to 200,000 such claims. It is more dif- cation campaigns and institution-building. DEAR MR. CHAIRMAN: In accordance with ficult still to estimate the value of these Such assistance may enhance the govern- the provisions of the Cuban Liberty and claims, but it could run easily into the tens ment’s ability to resolve claims and thereby Democratic Solidarity Act of 1996, we are fil- of billions of dollars. improve claimants’ prospects of obtaining ing with the Senate Foreign Relations Com- SIGNIFICANCE OF PROMPT RESOLUTION TO THE compensation or restitution for confiscated mittee the report entitled the Settlement of CUBAN ECONOMY property. Assistance in this area could in- Outstanding United States Claims to Con- The prompt resolution of confiscated prop- clude help in interpreting and evaluating the fiscated Property in Cuba, required by Sec- experience of other countries in resolving tion 207 of the Act. erty claims is essential to the revitalization of the Cuban economy under a transition or property issues, assessing the potential im- Copies of this document are also being pact of various alternatives, and training of- filed with the House International Relations democratic government. Cuba’s recovery from decades of economic mismanagement ficials in consensus-building processes in Committee, the Senate Appropriations Com- Cuba. In one instance, a U.S. technical ad- mittee and the House Appropriations Com- will require the creation of a climate friendly to investment, and a clear commitment to viser worked with a government’s ministry mittee. of finance to develop a compensation pro- Please do not hesitate to contact us if you property rights is indispensable for creating such a climate. Progress in resolving uncom- gram based on indemnification bonds. have any questions on this issue or on any American assistance would reflect the les- pensated claims will serve as a signal to new other matter. sons learned from major property disputes investors, foreign and domestic, that transi- Sincerely, with respect to governments in transition to tion and democratic governments under- BARBARA LARKIN, democracy. Elements of a successful claims stand and respect the importance of private Assistant Secretary, resolution strategy include: Legislative Affairs. property. Rapid establishment of a legal framework It will also be particularly critical to clear Enclosure: Section 207 report. for property ownership. up questions concerning title to commercial SETTLEMENT OF OUTSTANDING UNITED STATES An administrative process for claims reso- properties that play, or could play, major CLAIMS TO CONFISCATED PROPERTY IN CUBA lution that is centralized, transparent and roles in Cuba’s economy. Delays in doing so (Report to Congress Under Section 207 of the simple. will almost certainly delay investment nec- A credible and fair system for payment of Cuban Liberty and Democratic Solidarity essary to continue, restore and/or upgrade compensation to legitimate prior owners Act of 1996) operations at commercial facilities. Delays where restitution is not provided. Section 207 of the Cuban Liberty and of this kind would constitute serious set- Effective enforcement of both restitution Democratic Solidarity (LIBERTAD) Act of backs to a new government’s efforts to in- and the payment of compensation from na- 1996 requires the Secretary of State to ‘‘pro- crease employment and restore the country’s tional treasury reserves. vide a report to the appropriate congres- fiscal health. U.S. assistance and support for resolving sional committees containing an assessment Beyond building confidence in Cuba among property claims might therefore include the of the property dispute question in Cuba.’’ potential new investors, the process of following elements: Pursuant to section 207(a), included in this claims resolution, if carried out creatively U.S. technical advisers could assist in the report are the following areas of review: and effectively, may itself generate invest- drafting of legislation and supporting regula- An estimate of the number and amount of ment in Cuba by the holders of claims. Nego- tions which are essential to creating a func- claims to property confiscated by the Cuban tiating a resolution of certified claims will tioning compensation program. Some ele- government that are held by United States be an important step. Holders of certified ments of a program might include establish- nationals in addition to those claims cer- U.S. claims in Cuba include some of the ing legal bases for arbitration mechanisms, tified under section 507 of the International United States’ largest and most successful creating financial instruments and other re- Claims Settlement Act of 1949, 22 U.S.C. corporations, many of which may be inter- forms to underpin compensation schemes, 1643f; ested in renewing their involvement in Cuba and suggesting property titling or registra- An assessment of the significance of under the right conditions. Resolution of tion reforms related to providing secure and promptly resolving confiscated property non-certified claims will also be important transferable ownership rights of both claim- claims to the revitalization of the Cuban to attracting new investment. ants and individuals in Cuba. economy; While prompt resolution of property U.S. experts could review for a democratic A review and evaluation of technical and claims is essential, it will not be easy. Expe- or transitional government in Cuba the in- other assistance that the United States rience in other countries making the transi- stitutional support required for resolving S12442 CONGRESSIONAL RECORD — SENATE October 21, 1996 property disputes. This could include an as- TRIBUTE TO THE NEW HAMPSHIRE Mentally Ill of New Hampshire on the sessment of the best institutional practices SPECIAL OLYMPICS AS THEY occasion of their 17th Annual Con- developed elsewhere, and development of the HOLD THEIR FIFTH ANNUAL ference and Membership Meeting. This information and administrative systems nec- FALL GAMES educational conference is being held on essary for effective implementation. Key to October 26 at Rundlett School in Con- getting such a program started could be var- ∑ Mr. SMITH. Mr. President, I today ious sorts of training, advice regarding infor- recognize the New Hampshire Special cord, NH. Those participating will have mation systems, hardware and software, Olympics participants and volunteers an excellent opportunity to attend property surveying and registration systems, as they hold their fifth annual fall workshops, view informative displays, and assessing operational, management and games, their second largest event of and talk to alliance members. I con- staffing costs for administration. the year. On October 26, more than 550 gratulate all the alliance volunteers U.S. advisers could help in the develop- athletes, 200 coaches, and 300 New for hosting this important conference ment of a plan for educating the Cuban pub- Hampshire volunteers will gather in and extend a special welcome to those lic about the nature and basis of such a sys- Concord, NH to participate in the Spe- who will be in attendance. tem. Such a program could require a signifi- cial Olympics fall games. The games, The New Hampshire Alliance for the cant commitment of effort and resources by which will be held on the beautiful Mentally Ill strives to better the lives a future Cuban government and the U.S. gov- campus of St. Paul’s School, are cer- of those with mental illnesses or seri- ernment. This effort could focus on gauging ous emotional disorders, promote the public opinion and identifying concerns and tain to be met with enthusiasm and ex- citement by participants and volun- rights of the mentally ill, and educate issues of potential stake holders in the rec- the public about mental illness. Their onciliation process to ensure policy and legal teers alike. I would like to extend a goals are to highlight numerous serv- solutions are responsive. special New Hampshire welcome to ev- ices available to the mentally ill, espe- Intenational financial institutions could eryone who will partake in this special day. cially focusing on youngsters and sen- develop and carry out programs with similar iors. goals and along these lines. Above all else, I would like to recognize the participants. All 550 athletes I commend the New Hampshire Alli- Various agencies of the U.S. government devoted countless hours and a tremen- ance for the Mentally Ill for their hard may be available to provide such assistance. work and dedication to increasing the For instance, the FCSC may be able to offer dous amount of hard work and perse- verance in preparation for this event. I level of awareness of mental illness. technical assistance to a transition or demo- Their conference will provide an excel- cratic government in Cuba, as well as to in- truly admire their dedication and cour- terested NGOs and independent organiza- age as they come forward to compete lent opportunity for those attending to tions, in the efforts to resolve property dis- in these seven difficult sporting events. learn more about the alliance and their putes. Such assistance could include advice All of them are top-notch athletes and objectives. Again, I would like to wel- on structuring a claims adjudication or arbi- should be very proud of their efforts. come all the participants who are at- tration mechanism is Cuba, assistance in de- May all the Olympians enjoy their day. tending this educational conference vising procedures for collecting, hearing and The New Hampshire Special Olym- and congratulate those who have disposing of the claims, and advice on prin- pics fall games would not be possible worked so hard to organize the con- ciples to follow in resolving claims involving without the help of so many volunteers ference.∑ property that has been substantially altered f subsequent to being taken. who work behind the scenes. Volun- teers are truly essential to the success TRIBUTE TO NEW HAMPSHIRE’S ASSISTING U.S. NATIONALS WITHOUT CERTIFIED of the fall Special Olympic games. I NATURE CONSERVANCY CHAP- CLAIMS would like to extend a heartfelt thank TER FOR RECEIVING THE NA- Assisting a democratic or transition gov- you to all the New Hampshire volun- TIONAL PROGRAM PROGRESS ernment in its efforts to establish an effi- teers who make this wonderful day pos- AWARD cient property resolution mechanism will di- sible. rectly support the efforts of non-certified I would also like to commend New ∑ Mr. SMITH. Mr. President, I today claimants to obtain compensation in Cuba. Hampshire Special Olympic’s executive pay tribute to New Hampshire’s Nature In addition, the U.S. government may pro- director, Mike Quinn, and his capable Conservancy for receiving the National vide various forms of support to U.S. nation- staff. They have dedicated countless Program Progress Award. The New als wishing to present claims to such a do- hours of their time to make the Special Hampshire chapter was presented with mestic Cuban body. Such support could in- Olympics a success, and have allowed this award, one of the Nature Conser- clude ensuring that interested persons ob- vancy’s highest honors, at the Nature tain the necessary papers to file their the residents of New Hampshire to come out and show their Granite State Conservancy’s National Annual Trust- claims; encouraging a transition or demo- ees Meeting on September 30. cratic government to resolve such claims spirit. The New Hampshire chapter has promptly and effectively; monitoring the Without the support and contribu- progress of claims settlement and, where tions of a number of sponsors, the New earned this award for their outstanding necessary, offering creative solutions to dif- Hampshire Special Olympics would not work in protecting Sheldrick Forest, a ficult problems; and providing informal as- be able to hold their fall games. Among 227-acre old-growth forest located in sistance to claimants seeking to understand these supporters are St. Paul’s School, Wilton, NH. The conservancy launched the process and present a claim. In the case the National Guard, Derryfield School, a multifaceted grassroots campaign to of Central and Eastern Europe, for instance, Merrimack County Savings Bank, save the forest from development. the U.S. government—principally through AMR/Chaulk, Ambulance Services, and Through its campaign the conservancy the special envoy for property claims in the raised the property’s purchasing price region—has actively promoted the resolution many more. Once again, I extend my to $550,000. The New Hampshire chapter of claims arising from both Nazi thanks to those who made a contribu- confiscations and Communist nationaliza- tion to this phenomenal program. also purchased Sheldrick Forest, mak- tions. May the fifth annual fall games be a ing it the conservancy’s 17th preserve success and continue to flourish in the in the State. This was an outstanding LEGISLATIVE REVIEW future. I wish all the Olympians the accomplishment. At this time, there are no areas requiring very best as they compete in the New In addition to the conservancy’s dedi- further legislative action regarding the reso- Hampshire fall games. We are all very cated actions to save Sheldrick Forest lution of property claims in Cuba prior to a proud of you.∑ its members were recognized for their change of government in Cuba. Once a tran- f efforts to protect the Great Bay estu- sition or democratic government comes to ary system, for supporting the power in Cuba, however, it will be important TRIBUTE TO NEW HAMPSHIRE AL- Maquipucuna Cloud Forest Reserve in for the Administration and Congress to con- LIANCE FOR THE MENTALLY ILL Ecuador, and for creating the Mount sult closely as conditions change in Cuba to ON THE OCCASION OF THEIR assist in the resolution of property claims in Teneriffe preserve in Milton, which is 17TH ANNUAL CONFERENCE AND home to a federally listed endangered Cuba in a manner that contributes both to MEMBERSHIP MEETING the development of a strong bilateral rela- orchid species. The New Hampshire Na- tionship with a democratic Cuba and to ∑ Mr. SMITH. Mr. President, I today ture Conservancy chapter has worked Cuba’s economic recovery.∑ pay tribute to the Alliance for the hard to preserve New Hampshire’s October 21, 1996 CONGRESSIONAL RECORD — SENATE S12443 beautiful environment. The conser- mingham, and the University of Ala- detailed study. In space, where there is vancy’s members should be proud of bama at Birmingham. These institu- no gravity, it was discovered that these this distinguished award and their tions are well known for their impor- crystals can be grown many times larg- great success in preservation that it tant contributions to cancer research. er than on Earth, thus giving research- celebrates. The cancer research community ers samples large enough for accurate A national awards committee, drawn throughout America, and the world, atomic characterization. from among the Nature Conservancy’s knows that one of the true flagships of During my years in the Senate, I 50 State chapters, its 21 programs in cancer research is the Cancer Core Cen- have been an ardent believer of our Latin America, and its offices on the ter at UAB, which has been listed space program. I feel this contribution Pacific Rim and in Indonesia, selected among the three top U.S. centers for by Marshall Space Flight Center, and the New Hampshire Chapter for the Na- cancer research. It is one of the first UAB is indicative of the benefits soci- tional Program Progress Award. The centers recognized by the National ety can reap from a successful space award recognizes a conservancy chap- Cancer Institute, and has experienced program. Likewise, I have helped in re- ter that has made the greatest progress remarkable growth. In addition, it has storing funds for the National Heart, during the past year in building its developed some of the most sophisti- Lung and Blood Institute [NHLBI] of overall program, and achieving the cated resources for basic science and the National Institutes of Health. Dis- conservancy’s mission of protecting clinical care in the southeast, and it is cussions have been held with Dr. land that harbors rare and endangered now a regional, national, and inter- Claude Lenfant, Director of NHLBI, on plants, animals, and ecosystems. national resource for patient care and many occasions regarding the research At the Nature Conservancy’s Na- research. at UAB in the area of cardiology, led tional Annual Trustees Meeting last Through the National Institutes of by Dr. Gerald Pohost. Both Dr. Lenfant month, the group’s president and CEO, Health, we have been successful in get- and I have had the distinction of testifying before this Subcommittee on Ap- John Sawhill, spoke about the dedica- ting funds to establish grants for sickle propriations for the Department of tion and inspiration of the New Hamp- cell centers at UAB, and the University Labor, Health and Human Services and shire chapter by saying, ‘‘I was amazed of South Alabama. Sickle cells, or Education and Related Agencies of the that so many people from all walks of sickle cell anemia, is predominately an Senate Appropriations Committee, re- life were involved in raising the money inherited, chronic blood disease where the red blood cells become crescent garding this research. for this project and how the local com- At UAB, the cardiology division is shaped and function abnormally. This munity embraced our effort to save the one of the leaders in the Nation in re- is how it got its name. The pains from forest * * * I believe Sheldrick Forest search and teaching in clinical diag- this disease are due to aggregations of can serve as an inspiration to us all.’’ nosis and treatment. With areas of spe- sickle cells causing a temporary block- The New Hampshire chapter sets an ex- cial expertise in the treatment of sud- age of the small blood vessels. These cellent example for environmental den death, interventional cardiology, cells are subject to early destruction in preservation in New Hampshire and for cardiac transplants, and magnetic reso- the circulation, causing a chronic ane- other parts of our country. nance imaging, the division continues mia. Although it occurs primarily in The New Hampshire chapter has cer- to set the course for the future in basic tainly made our State very proud of people of African heritage, with one and clinical research, and for the treat- their efforts. Congratulations to the out of 400 African Americans affected, ment of all forms of cardiovascular dis- New Hampshire Nature Conservancy on it also occurs in persons from Medi- ease. this distinguished award. May they terranean and other countries. A clini- Over the years, I have strongly sup- continue to protect and preserve our cal alert issued by health care profes- ported appropriations for the National beautiful New Hampshire’s forests.∑ sionals in January 1995 by the National Institutes of Health. My testimony be- f Heart, Lung and Blood Institutes an- fore the subcommittee focused pri- nounced an effective treatment of an THE CONTINUED IMPORTANCE OF marily on the critical importance of anticancer drug which showed a re- funding for the National Cancer Insti- HEALTH CARE REFORM AND markable reduction with regard to the MEDICAL RESEARCH tute, the Centers for Research Re- complications of this disease. sources [NCRR], and the National ∑ Mr. HEFLIN. Mr. President, over the In addition, other biomedical re- Heart, Lung and Blood Institute. In my years, we have participated in many ef- search is being conducted at Alabama opinion, NCRR never received the at- forts to assist the people of Alabama A&M University, and Tuskegee Univer- tention it deserved. and the Nation in the area of health sity Veterinary Medicine program. I was convinced that the biomedical care, particularly in insuring adequate Both these historical black univer- research technology program at the funding for biomedical research pro- sities have received funds for bio- University of Alabama’s center was grams. The various budget battles to medical, as well as agriculture re- outstanding. It involves a unique, high- ensure that cancer research is main- search. This includes my sponsorship of field magnetic resource image. This de- tained at the highest effective level be- the amendment to the farm bill, pro- vice has the potential to study the bio- came an annual effort during my ten- viding $50 million to legislation involv- medical basis of human diseases with- ure as a U.S. Senator. ing the 1890 land grant colleges, where out biopsy. These magnetic resonance During the mid-1980’s, it became nec- Alabama A&M University and mehtods have the capacity to deter- essary for me to author several amend- Tuskegee University were the top bene- mine tissue viability, as well as to ex- ments to various spending bills in ficiaries. amine biochemical and metabolic proc- order for important cancer research to In the mid-1980’s, the Marshall Space esses underlying heart disease, trans- be adequately conducted. Flight Center and the University of plantation, rejection, and other com- Cancer is a disease that knows no Alabama at Birmingham [UAB] made a mon cardiac maladies. class, income levels, lifestyle, race, or major contribution to our Nation’s On several occasions, I visited the sex. It can strike anyone at any time, cancer research efforts by managing a National Institutes of Health to discuss as evidenced by studies estimating that program for protein crystal growth ex- their programs and goals. I was most almost 1 million Americans develop periments on the space shuttle. For impressed with the competency and this deadly disease annually. years, UAB has been a world leader in quality of their operations. NIH is re- In Alabama, important research this type of research, with their knowl- sponsible for placing the United States through grants from the National In- edge having been crucial in the devel- in a position of preeminence in bio- stitutes of Health [NIH] is being car- opment of new drugs to treat critical medical research and biotechnology. ried on at 13 universities, hospitals, illnesses. I feel considerable pride that During my tenure in the Senate, it was and research institutes. Research par- I changed a working relationship be- determined that we could not let this ticularly crucial to our efforts to con- tween UAB and Marshall Space Flight prime example of excellence deterio- quer cancer is being done at the Uni- Center. The restrictions on gravity, rate, especially when so many advances versity of South Alabama in Mobile, however, created difficulties in grow- are being realized. Supporting the Na- the Southern Research Institute in Bir- ing protein crystals large enough for tional Heart, Lung and Blood Institute S12444 CONGRESSIONAL RECORD — SENATE October 21, 1996 has been one of my pet priorities. It improve patient outcomes, thus reduc- million brought it up to a level of $169 provides leadership for our national ing Medicare expenditures. million. The difference between this programs dealing with diseases of the The most contentious battles in my amount and the $800 million match has heart, blood vessels, blood and lungs, fight for improving health care and dis- caused chronic disputes between HCFA and the use and management of blood ease prevention for all Americans in- and the Alabama Medicaid Agency. and blood resources. volved the Medicaid Program. Shortly Being able to avoid putting up Ala- In 1989, Congress provided $640 mil- after I took office in the U.S. Senate, bama’s Medicaid share in real dollars lion for heart disease research, and by officials of the Alabama Medicaid has been a mixed blessing. It has cer- 1994, these estimates had grown to $737 Agency contacted my office complain- tainly saved Alabama’s general fund million. These figures are for heart dis- ing that the Health Care Financing Ad- from going into serious deficit, due to ease research, and I am proud to have ministration in Washington was requir- the rapid increase in overall Medicaid been a leader with regard to providing ing the State of Alabama to return $10 expenditures caused in part by addi- Federal support in this area. million to the Federal Government. tional services mandated by Congress. For the National Heart, Lung and Apparently, the State had authorized In turn, this has enabled the State to Blood Institute, appropriations includ- distribution of durable medical equip- keep taxes low, and to avoid having to ing grants and direct operations went ment, which at that time was not al- shift funds from other needed services, from $10,725,000 in 1950, to an appropria- lowable under the Federal Medicaid including education. tion of $1.2 billion in 1994. Perhaps be- regulations. The Medicaid Program is In September 1996, I was delighted cause of my own health, I have great administered at the State level within when HCFA agreed to a request by the faith in the work of the National certain general Federal guidelines. I State’s congressional delegation to re- Heart, Lung and Blood Institute. In was advised that the State of Alabama lease $94 million in moneys that had fact, my own heart problems were could ill-afford to lose $10 million from been withheld from the Medicaid Pro- solved with many techniques developed its Medicaid budget. Therefore, my of- gram in Alabama. Sooner or later, Ala- under advance research which took fice successfully negotiated a settle- bama is going to be required to find place at UAB in Birmingham, and else- ment in favor of the State of Alabama some additional money to put into where in the country. Drs. Pohost and with HCFA officials involving this dis- Medicaid. Thus, finding a solution to Roubin—my physicians in Bir- pute of Medicaid funds. our most recent Medicaid crisis will mingham—took excellent care of me, As with cancer research, funding for not be easy, and I do not believe the and showed me how much our country Medicaid was virtually an annual bat- answer we found will last very long. can benefit from clinical research sup- tle. When Congress considered the 1993 Accordingly, we will need to start ported by the Heart, Lung and Blood omnibus budget reconciliation bill, I thinking about what we are going to do Institute. urged an amendment which was adopt- with this fix expires. In February 1993, when the adminis- ed, thus giving relief to hospitals that Looking to the future, Alabama’s tration forwarded its budget proposal treated a high disproportionate share Representatives and Senators in Wash- for 1994, it was $16 million less than the of poor patients. This legislative action ington must examine all Medicaid re- previous year’s budget. Immediately, I resulted in the State of Alabama reform proposals with great care. Such went to work with a group of my col- ceiving annually $93 million additional proposals offer States much greater leagues in the House and Senate to in- dollars in Medicaid funds. This was be- flexibility in designing their Medicaid crease the budget of the NHLBI to a cause of the transitional amendment to programs. This is clearly positive. If we more reasonable level of $1.27 billion, the Omnibus Budget Reconciliation do a good job, we can offer more cost- which was $75 million more than the Act. effective services to Medicaid recipi- administration’s request—an increase During the summer of 1996, after the ents. But we must remember that the of $63 million over the 1993 budget. This transitional period had passed, a glitch price of this flexibility may be that the set the stage for an annual increase. again appeared in the flow of Federal Federal Government may at some Also, this year, I urged Congress to es- funds to Alabama, causing Federal offi- point stop paying 70 percent of these tablish a cardiovascular care consor- cials to withhold about $94 million. I health care costs. Alabama taxpayers tium center to be headed by Dr. Pohost stayed in Washington during a recess will then have to pick up 100 percent of at UAB. The Conference Report on period, endeavoring to work out a set- the additional cost, including, for ex- Labor, Health and Human Services and tlement of the issues between HCFA ample, the nursing home bills of our Education Appropriations included a and the Alabama Medicaid Agency. We rapidly increasing number of elderly $2.5 million for a project which the were able to negotiate a temporary set- citizens. This is a big price to pay, and University Cardiovascular Care Consor- tlement in this regard. The Alabama we had better be certain what we are tium [UCCC] had proposed. It is called Medicaid Agency and my office nego- doing. a best practices demonstration project, tiated with HCFA officials relative to a In essence, the Federal Government and we were able to convince the commitment by Alabama to comply should supply about 70 percent of Ala- Health Care Financing Administration with Federal requirements regarding bama’s Medicaid funds and the State to endorse brief supportive language in patient’s hospital payments, and to at- should supply about $700 million. How- the conference agreement to help en- tempt to address HCFA’s concerns with ever, in actuality, the Federal Govern- sure that this project recevies high pri- its hospital payment system. HCFA re- ment is supplying about 92 percent of ority. leased the funds based on the State’s the Medicaid fund, and the State is Although we were not able to adopt commitment. supplying about 8 percent. The settle- the provisions of the consortium in the Problems occurred in the Medicaid ment we just reached would not only appropriations bill, I have joined sev- Program because of the method by release $94 million in 1996, but it would eral Senators in contacting officials of which Alabama finances its Medicaid release about $94 million in each of the the Health Care Financing Administra- Program through so-called intergov- next 5 years. tion, urging the officials to move for- ernmental transfers, a method of There is a movement in Congress to ward with a best practices demonstra- counting some funds from State and block grant Medicaid programs. How- tion project on congestive heart failure county hospitals as part of its Medicaid ever, it seems that the Federal Govern- that the Senate Committee on Appro- share. Alabama now receives about ment would not block grant the almost priations referenced in its fiscal year $2.089 billion annually in Medicaid $2.1 billion that it is giving our State. 1997 report. Congestive heart failure is funding. This means that Alabama’s It is likely that the Federal Govern- the leading cause of mortality among contribution should be over $800 mil- ment would only block grant $1.4 bil- Medicare beneficiaries. It is also the lion. However, the fact remains that lion, which would represent the 70 to 30 most costly diagnosis for the Medicare Alabama’s general fund has been appro- percent ratio. This means the State Program. A successful effort to develop priating only about $140 t0 $150 million would have to appropriate $170 million. and implement improvements in the each year for Medicaid. Therefore, if you add $1.4 billion in quality and cost effectiveness of heart This year, two different supplemental Federal shares, and $170 million in failure diagnosis and treatment would appropriations in the amount of $10 State shares, you will reach a total of October 21, 1996 CONGRESSIONAL RECORD — SENATE S12445 $1.57 billion. This is $530 million short While we cannot ignore the need for in the field of medical research, and of what is currently being funded for improving access to quality health the international diplomacy we will de- Alabama’s Medicaid. There are no easy care, we also cannot forget the impor- velop with the space station. answers. There is much work that re- tance of medical research, health edu- I want to take some time here to mains to be done. cation, and disease prevention.∑ summarize my activities relative to Additionally, in the area of public f the space program, particularly regard- health education, I sponsored legisla- ing the space station and Marshall tion to establish two health facilities THE IMPORTANCE OF CONTINUED Space Flight Center. On a personal at the University of Alabama at Bir- SPACE EXPLORATION AND RE- level, I am proudest of being the first mingham to honor two of Alabama’s SEARCH Senator to call for and push for the de- legendary Senators; namely, the John ∑ Mr. HEFLIN. Mr. President, at the velopment of a space station and also J. Sparkman Center for International beginning of my first term, my ap- to have been a strong supporter of the Public Health Education, and the List- pointment to the Commerce Sub- shuttle program. Marshall has been er Hill Center for Health Policy. With committee on Science, Technology and central in both of these projects, and $5 million in appropriations to the Space was beneficial, primarily be- members of the Alabama congressional Lister Hill Center, and $4 million in cause my home State of Alabama con- delegation have done our best to see funds appropriated to the John J. tains the Marshall Space Flight Center that this remains the case. Sparkman Center, both centers have in Huntsville. Alabama is historically Maintaining the independence and vi- been instrumental in developing re- an economically disadvantaged State, ability of NASA has been one of my top search programs that address the needs and by creating a high-technology cor- priorities. The agency has suffered a in public health in the United States, ridor through northern Alabama, we number of public relations problems in as well as other developing countries. have been able to provide jobs at NASA recent years, beginning with the Chal- Initiated in 1980, the John J. and the defense and space-related ac- lenger explosion, followed by the fail- Sparkman Center for International tivities in the area. Alabama is now ure of the Mars orbiter, and high- Public Health Education [SCIPHE] was near the top of the list in terms of the lighted by the initial embarrassment of provided initial support when Congress number of high-technology industries. the Hubble telescope. But even before authorized funding for the establish- But in fairness, it should be under- these setbacks, the military space ment of an endowment at UAB. The en- stood that a Senator learns to have a budget had grown larger than NASA’s. dowment assures long-term support dual purpose in what he does. It may Of course, I have advocated ABM de- SCIPHE programs and activities which sound cynical to say that I was work- fenses, including some space-based should be conducted primarily onsite ing for my own State and my own elec- projects for the future, longer than any in developing countries rather than at torate, but that was my job. I didn’t other Senator. But NASA’s civilian, UAB or other academic institutions. have any particular expertise in the independent status is necessary for the Thus, the primary mandate of SCIPHE Space Program before arriving here, space program. For this reason, it was is to promote and provide sustainable but learned about it because it was im- necessary to oppose intrusions such as training strategies for public health portant to Alabama. My predecessor in military control of the heavy lift professional in developing countries. the Senate, John Sparkman, had also launch vehicle, which was proposed The Lister Hill Center [LHC] for taken an interest in space policy. He after the shuttle disaster, and each Health Policy is also a congressionally was a native of Huntsville. While serv- year, to work as hard as possible to see endowed center, with a university-wide ing on this subcommittee, an apprecia- that NASA received the money it need- mission to facilitate the conduct of tion of the national, and in fact global, ed to continue to serve as a viable health policy research, in addition to need to pursue the study and explo- agency and to accomplish its specific disseminating the findings of that re- ration of space and also an apprecia- aims. search beyond the usual academic tion of the need to travel in space in Of course, it is NASA, the Marshall channels. It also fosters research pri- order to expand the scope of humanity Space Flight Center, and the univer- marily through the work of its scholars became more clear to me. Joe Moquin sities and businesses in Alabama who in the areas of health care markets and and Charles Grainger, who represented deserve the real credit. They are the managed care, maternal and child the Federal Affairs Division of the minds who develop this astounding health, management in public health Huntsville Chamber of Commerce, as technology and reshaped the State. As organizations, and clinical health serv- well as others, were helpful as I studied a Senator, my aim was to do every- ices research. Scholars with national these exciting issues. thing possible to support them consist- reputations in an area pertinent to Recent advances at NASA highlight ently. health policy are invited monthly to these needs powerfully. Our voyages to In 1979, we worked to ensure that the give seminars. These seminar series are Mars, combined with a recent discov- Commerce Committee approved a $185 free of charge and are open to the UAB ery on Earth, have allowed us to de- million supplemental authorization for community. duce that life may have existed on an- Marshall to develop the space shuttle. I was asked by officials at UAB, Au- other planet. The Hubble space tele- In fact, the overall funding for the cen- burn Veterinary Medicine School, NIH scope has given us a better understand- ter had increased by $100 million since and the National Association of Bio- ing of the universe. The space station, the previous year. We also worked to Medical Research Association to pass which is now called Alpha, will allow persuade the members of the Appro- legislation making it a Federal crime Americans to stay in space perma- priations Committee to fund the shut- to damage or destroy medical research nently and conduct manned scientific tle, and they provided nearly our full centers. One of the awards I am most experiments. request. proud of is the Outstanding Service to Many have complained that the space My subcommittee also approved $5 Science Award from the National Asso- program is too expensive and it yields million for the gamma ray observatory ciation of Bio-Medical Research for little for the investment. But the space project, to be developed at Marshall passing such legislation as well as program provides a far greater return and launched by the space shuttle, and other contributions I made to bio- than its cost. Satellites have redefined it authorized a fifth shuttle and a na- medical research. the way we communicate, and they tional oceanic satellite system. How- I am proud to have played a small have reshaped our economy. However, ever, the full committee cut these role in the promotion of health care even this immediately practical benefit three programs, so we set out to be cer- and medical research during my tenure is outweighed by other, more intangi- tain that they would pass in later in the Senate. No one can argue that ble gains. The knowledge we can gain years. this type of reform and research are in physics and technology has proved In 1980, the Commerce Committee ap- crucial to the future of our Nation and itself nearly unlimited. And there are proved an authorization to build a fifth the well-being of our citizens. I am also unexpected benefits of the program, in- shuttle, but the conference committee proud that my home State is playing cluding what we can learn about our dropped it in the final bill. However, such an important role in this area. own planet, the advances we can make the Congress did pass increases for S12446 CONGRESSIONAL RECORD — SENATE October 21, 1996 NASA over the administration’s re- that the space program was too costly, vering system, and its space plasma lab quest. and supporters worked as best we could programs. Finally, the bill also author- In the committee, my amendment to to clear up this misconception, such as ized the construction of a fifth space add $12 million to the NASA budget to citing studies conducted in the early shuttle, which Reagan had not re- begin development of the solar electric 1970’s which indicated that the pro- quested. Of course, this authorization propulsion system—called SEPS—at gram has brought $7 to $15 for each dol- bill was a particularly good one for the the Marshall Center was attached. The lar spent. Commercial satellite future of Marshall Center, but it also program was a $300 million program, launches had contributed to this re- helped to bring about a more balanced spread over 5 years. Although it was turn. NASA had also developed tech- NASA program. originally in the fiscal 1981 budget, nology for the aircraft industry and Earlier in the year, I contacted the OMB had eliminated it over NASA’s the Landsat system, used to explore President to oppose the sale of the Na- objections. This reusable system of- natural resources. tion’s weather and land satellite sys- fered the high energy to fly demanding Notably, through our work in the tem and to oppose commercialization and complex missions that would oth- committee that year, we also secured of the National Weather Service be- erwise require several expensive and authorizations for NASA’s missions to cause of my concern that such a trans- expendable stages. That year, both Jupiter and to Halley’s Comet. Both of fer might hinder the system’s effi- Houses passed authorizations for this these NASA missions ultimately ciency. People in many parts of the program. Both Houses also passed au- proved to be tremendously successful. country relied on the system for early thorizations for the gamma ray observ- In 1982, we were finally able to in- warning in the case of tornados and atory and the national oceanic sat- clude funds for a fifth space shuttle in other severe storms; farmers relied on ellite system. That same year, at a the NASA authorization. This author- the information to determine their subcommittee hearing in Huntsville, I ization represented an overall increase, crops, and the scientific community urged NASA to increase laser research and it included money for the National depended largely on the information. and development at the Marshall Cen- Oceanic and Atmospheric Administra- Under the proposal, the transfer ter. My argument for the increase was tion Landsat satellite scanning, some- seemed likely to be a single company. that the Soviets were spending at least thing we had been fighting to get for a Since that company would require, as a three to five times America’s $5 mil- long time. condition of the sale, a noncompeti- lion annual budget on laser develop- But that year, for the first time, the tive, guaranteed Government contract ment. The continued research and de- military’s space budget grew beyond for many years for the information development of laser technology was only NASA’s. While I have long supported rived from the satellites, the Govern- one of the goals for the United States military initiatives in space, this was ment would be establishing a monopoly in the 1980’s, but the potential benefits seen by some of us as a threat to and creating disincentives for commer- of laser power in both military and ci- NASA’s independent, civilian status. cialization. The committee was able to vilian applications mandate an acceler- secure provisions in the authorization ated interest by the scientific and in- Although there is a purpose to certain military missions in space, to usurp bill to prevent the sale of NASA land dustrial communities. and weather satellites, unless the sale This hearing was part of a series con- NASA’s role is contrary to the U.S. mission in space as it was conceived. In were specifically approved by another ducted largely to investigate the po- law. the years to come, especially after the tential of lasers in defense. However, Some of us also opposed the cuts to Challenger disaster, this threat would the applications of lasers seemed wor- the National Weather Service rec- thy of investigation for civilian pur- continue. ommended by the National Oceanic and In 1983, the construction and deploy- poses. Testimony revealed the possibil- Atmospheric Administration. Specifi- ment of a permanent, manned space ity that lasers might be used to gen- cally, the NOAA had suggested reduc- station was again urged. A permanent erate vast amounts of power. This ing the number of weather stations to presence in space is the next logical power might be used in space propul- one-tenth their existing number. Spe- step in human advancement, and re- sion systems. In fact, at these hear- cialized forecasts would also be elimi- search in space has certain advantages ings, witnesses speculated that lasers nated. But the projected savings were might even ultimately be used to fa- not to be found on Earth. The micro- minimal; the cost to create a central- cilitate nuclear fusion. gravity atmosphere of space allows nu- ized station would outweigh the sav- That year, we also highlighted inter- merous scientific activities to occur. ings over many years. national pressures to increase overall The growth of crystals and the There was another project under- funding for NASA. In the years since electrophoresis process can take place taken that year, which applied periph- the Moon missions, America had far better in space than in the gravity erally to the space program. This was seemed preeminent in space, but the atmosphere of Earth. Several kinds of the University Research Capacity Res- reality was that we had begun to fall metals will combine only under the toration Act which Senator DANFORTH behind the Russians. Senators John conditions found in space. Medical re- and I introduced to bring universities Glenn and Jack Schmitt, both former search has also had many successes in and industries together in the creation astronauts, appeared on my television space. of research parks. We introduced the show, the ‘‘Heflin Report,’’ to discuss Dr. Charles Bugg, Dr. Larry DeLucas, bill after holding two hearings in Bir- the U.S. space program as compared to and other scientists at the University mingham on the measure. the Soviets. The United States had of Alabama at Birmingham were con- University research is among the launched only 16 times in 1979 con- ducting significant experiments in most valuable in the country, yet lack trasted by the Russians’ 87. In fact, the crystallography, but knew nothing of funding has limited it to obsolete Russians had launched many more about the crystallography activities at equipment. With this bill, we hoped to times over the previous 15 years. Marshall Space Flight Center until I use the Government as a catalyst to In 1981, Columbia flew its first mis- got them together. Since then, they create research parks that combine in- sion, showcasing the Marshall Space have developed a renowned partnership dustry and university resources. We Center’s work. This next giant step in that will likely lead to treatments and hoped that we might thereby increase America’s ongoing adventure in space cures for many diseases. the quality of research at such institu- would not have been possible without My strength on the subcommittee in- tions as the University of Alabama at the men and women in Huntsville who creased that year when I became its Birmingham [UAB], the University of developed the shuttle’s engines. Due to ranking member, and we crafted an au- South Alabama in Mobile, Auburn, their successes, we were able to author- thorization bill which provided money Tuskegee, and Alabama A&M. Metal- ize increases to the shuttle program, for space station design at Marshall. It lurgy and space-based materials proc- although the Congress did not fully also increased the funding to NASA essing were among the chief projects fund the program at the administra- generally. The bill provided more we had in mind. tion’s request. money than the President requested In 1984, the President supported the Despite this massive advance, how- for Marshall’s space telescope, its ma- development of a permanent space sta- ever, critics continued to maintain terials processing, teleoperator maneu- tion in his State of the Union Address. October 21, 1996 CONGRESSIONAL RECORD — SENATE S12447 I was absolutely delighted that he gave sities in my State were intimately in- layed until 1988. The Defense Depart- the station such strong support; with- volved. As a result of experiments con- ment began building its own launch ve- out his help, this project might have ducted on the shuttle by McDonnell hicles for satellites, and the military’s died early on. Douglas and Johnson and Johnson, we space budget grew to two-thirds the Energized by the President’s support, were hopeful that some major medical total U.S. space budget. Further, Presi- I visited the Marshall Center in Hunts- breakthroughs would materialize as a dent Reagan pocket-vetoed the NASA ville, which would handle most of the result of NASA-private sector mate- authorization which included money materials processing for NASA’s sta- rials processing research. for the replacement of the Challenger tion numerous times, and each time At one point, the OMV was deleted shuttle, chiefly because of provisions was greatly encouraged. My committee from the bill, but we were successful in creating a National Aeronautics and was able to endure that the NASA au- persuading the committee to go for- Space Council to advise the President thorization included funds for research ward with the development of this ve- on space and military issues. However, and development of the manned space hicle. Marshall’s other chief project, the Congress did appropriate money for station. This authorization also cre- the aeronautical research and tech- the new shuttle in the omnibus appro- ated a National Commission on Space, nology program, also came out well. priations bill. a Mars mission, and a satellite to study Again, this type of initiative was Morale was at a terribly low level at the Earth’s upper atmosphere. How- among NASA’s chief money-making Marshall Space Flight Center. Their ever, many of us were disappointed sources. spirit had been devastated by the Chal- that the Congress approved the sale of Further, the authorization bill pro- lenger explosion. I came out publicly Landsat satellites. vided for the delivery of the fourth at critical times praising the excellent Other provisions of the authorization shuttle—Atlantis—but Congress did work that had occurred at Marshall included language to create a National not fund the fifth. We also authorized over the years and pointed out that Commission on Space to establish a the Galileo mission to Jupiter, the while the explosion was horrible, the plan for the civilian space program. Ulysses mission to the Sun, and the fault could be placed at many doors. There was some concern over the De- Hubble telescope, which has proved it- Hopefully, my remarks boosted morale fense Department’s intrusion on the self a tremendous success despite set- at Marshall. We worked behind the space program, so we limited its mem- backs here and there. scenes to get Senator Robert Dole to bership on the board to a single non- My bill to remove tax code barriers visit Marshall and speak words of en- voting seat. The purpose of the com- to the commercialization of space was couragement and support for the mission was to study long-range goals introduced that year along with the Huntsville-based space flight center. and schedules for the program. sponsorship of the subcommittee’s His words helped restore the morale The commercialization of space also chairman, Senator GORTON. The bill and reputation of Marshall. became a major initiative in these would have extended incentives for in- At the end of 1986, then-NASA Ad- years. In 1984, Congress passed a law to vestment and research and develop- ministrator Fletcher announced that encourage commercial space launches. ment, and accelerated depreciation work assignments on the space station It required licensing, to be provided by schedules. Many U.S. laws were written had been finalized, and Marshall Space the Department of Transportation, and before the commercial uses of space Flight Center was to maintain roughly we set about to consider further ways were ever envisioned, but commer- 40 percent of the space station design of expanding private launches. cialization of space could be improved and construction. It would also have My bill to improve university re- with the impetus of Government co- responsibility for the living and work- search, the University Research Capac- operation. To this end, we have main- ing quarters of the spacecraft. The ity Restoration Act, became law in tained contact with officials from the Marshall Center would provide tech- 1984. The new law was designed to in- Auburn University School of Engineer- nical direction for the propulsion sys- crease support for the NIH, the NSF, ing concerning corporations who might tem, conduct the adaptation of the NASA, and the Defense, Energy, and be interested in space-based materials planned international module, and de- Agriculture Departments by combining processing. We have an opportunity to velop and construct the environmental university and private industrial re- combine the expertise of Marshall and pressure systems of the station, search efforts. Space Flight Center with university among other things. In 1985, when the Commerce Commit- experts and transfer this potential to That year, I contacted President tee passed its NASA authorization, the private sector. This idea is one way Reagan and Energy Secretary NASA’s budget suffered cuts, but under to help make this possible and hope- Herrington to urge construction of the this bill, Marshall Space Flight Center fully it will some day be enacted. superconducting supercollider in Ala- was not affected. It included strong I also cosponsored a concurrent reso- bama. Researchers at UAH had devel- support for four major Marshall pro- lution to express the sense of the Con- oped a compound that loses all resist- grams: the space station, the materials gress that the Nation must improve ance to electricity at a higher tem- processing program, the orbital maneu- university research, restating the ideas perature than had been previously pos- vering vehicle [OMV], and the aero- behind the University Research Capac- sible. With the expertise demonstrated nautical research and technology pro- ity Restoration Act which had my co- by this and other breakthroughs in this gram. sponsorship in 1983. The 1983 bill in- scientific area and the outstanding Specifically, the bill funded the space creased support for the NIH, the NSF, support provided by the University of station with a specific requirement NASA, and the Defense, Energy, and Alabama at Huntsville and similar out- that it embrace only peaceful ends. The Agriculture Departments. This resolu- standing research at Auburn Univer- committee had originally considered a tion did not fund these entities, but it sity, the State of Alabama has shown lower level for the space station than restated the congressional commit- that it is a logical location for projects the $200 million included in the bill, ment to do so. We depend on our pre- like the supercollider. Unfortunately, but we were able to bring that figure eminence in science to enable us to ad- Alabama was not chosen, and the up. I worked especially hard to see that vance technology and maintain our project ultimately was discontinued. Marshall got a sizable portion of the economic and national security. In 1987, I had to relinquish my seat space station work. Marshall was then On January 28, 1986, the Challenger on the science subcommittee in order designated to do 40 percent of the disaster brought a whole host of prob- to stay on the Agriculture Committee. work, the most of any center. Robert lems to the space program and to those Given the importance of the space pro- Hager, project manager of Boeing, and of us who supported it. The public was gram to my constituents, it was a I developed a close working relation- horrified, and the military began to in- great sacrifice, but farming was also so ship that proved very effective over the crease its intervention in space. Space- important to Alabama and therefore years. lab, a program to add modules to the felt it wise to remain on that commit- This bill also fully funded the mate- space shuttle for experiments in orbit, tee. In any case, I did my best to stay rials processing program at Marshall, a died, and the space station suffered as involved with space issues as pos- program with which several univer- cuts; the Hubble telescope was also de- sible. S12448 CONGRESSIONAL RECORD — SENATE October 21, 1996

In the aftermath of the Challenger Department had just announced that it gressmen Whitten and BEVILL were ex- explosion, I testified before the sub- would consider donations of money and tremely helpful in this effort. Although committee to oppose Air Force admin- land. The Senate approved this amend- some questioned this strategy, we ad- istration of the proposed heavy lift ment, but of course, it still did not hered to the rules completely. This launch vehicle. The Defense Depart- work out as hoped. bargaining chip worked, and we pushed ment had requested a supplemental ap- In 1988, during the Presidential cam- the funding through successfully. propriation of $250 million for the paign, some of NASA’s Democratic sup- In 1989, the benefits of the Space project. Assigning the project to the porters were disappointed that our par- Grant College and Fellowship Act were Air Force with only minimal NASA ty’s candidate did not show any par- realized in my home State. Under its input would have been a backward way ticular support for the space program, provisions, NASA selected several Ala- to approach the development of this ve- nor the space station. I talked several bama Universities to comprise a con- hicle. All the more so since the Air times with Governor Dukakis asking sortium for the new National Space Force planned to start anew, without for a revised stand on the issue. At a Grant College and Fellowship program; incorporating any of the lessons of the Huntsville campaign stop, he recited these schools included UAH, UAB, Ala- shuttle. NASA would benefit greatly his full support for the space program bama A&M, the University of Alabama, from the vehicle’s use, and its greater and space station. We were able in Con- and Auburn. capacity would make up for lost time gress to pass funding at the full level of As a side note, NASA selected two in the shuttle program in the deploy- President Reagan’s request. Alabama women to fly on shuttle mis- ment of the space station and other That same year, I became a strong sions that year. These women were projects. supporter of the Advanced Solid Rock- Mae C. Jemison, M.D. and N. Jan I successfully urged the inclusion of et Motor project, which came about Davis, Ph.D. Dr. Jemison was the first language in the supplemental appro- after the failings of the shuttle boost- African American woman selected for priations bill to ensure that NASA ers and their O-rings became known, space flight. Without question, Ala- played a more significant part in the and talked to each of the Members of bama played an important role in the development of the heavy launch vehi- the Alabama Congressional Delegation development and implementation of cle. Marshall Space Center’s expertise asking for their full support of this the space shuttle program. I took some in propulsion and other aspects of de- ASRM Project for NASA and to sup- pride in knowing that two people from sign could serve as an excellent report the appropriation process in Con- my home State could take advantage source in the development of a heavy gress. Although there had been par- of those efforts and experience the ac- lift rocketship. And such a vehicle tisanship and divisiveness concerning complishments of their fellow Alabam- might one day facilitate a trip to the location of the rocket plant, the ians first-hand. Mars—and beyond. Alabama Congressional Delegation In 1990, NASA suffered cuts after the Notably, disputes over military use needed to pull together as a team and Hubble telescope debacle, and it saw of the space station made its passage present a solid and united effort for the death of National Space Council’s difficult that year. Congress ultimately this project and Alabama jobs. long-term proposals for lunar and Mars allowed some military research. And In 1989, we protested the budget reso- missions. The problems of the tele- Alabama came out well through the de- lution’s funding level for the space sta- scope had brought very hard times on bate. At the end of the year, NASA tion. Knowing it would be a very tough the agency, and the Congress needed to awarded Boeing, with facilities in the budget year for the space station, we combat an increasing negativity in the State, the contract to perform Mar- enlisted the support of Senators Sasser press and among the public. shall Space Flight Center’s work on and DOMENICI of the Budget Commit- To work out these problems, the the station. The project had my full tee. But when the Senate passed its President held the space summit sug- support, since, among other things, it VA–HUD appropriations for fiscal year gested the year before at the White would bring over 6,000 jobs to Alabama. 1990, the low funding level for NASA House. It brought together the Presi- It was a significant leap forward for was criticized by me and others. While dent, the Vice President, NASA offi- the space program, and it only solidi- the bill provided for a 15-percent in- cials, and other Members of Congress, fied my efforts to ensure that the space crease for the space program, that was including myself. Elected officials station received primary consider- only the bare minimum and it fell must continue to hold these kinds of ation. short of what was needed to maintain summits in the future, because talks Another boon for Alabama came that world leadership in space research, regarding the space station need to be year when NASA selected Auburn Uni- technology, and exploration. Most no- centralized and should focus on the versity as host to its Center for the tably, the space station was funded at goals of acquiring and maintaining full Commercial Development of Space $200 million less than NASA’s request. funding and placing the space station Power. The new center would research While fighting hard for full funding for in orbit. the generation, storage, conditioning the space station, I was nonetheless During that same year, the Augus- and distribution of electrical power in hopeful that the funding level would tine Advisory Committee on the Fu- space. This was the kind of project des- provide enough for the program to ture of the U.S. Space Program issued perately needed in my State. This cen- move forward without any serious pro- its report. I was quite pleased with its ter, and projects like it, could become gram modifications, rescoping, or recommendations, including its advo- the incubator for a new industry on the schedule delays. cacy of a heavy lift launch vehicle. At cutting edge of space technology. Until During a speech I delivered on the the time, the Congress and the com- now the power requirements of our Senate floor on the 20th anniversary of mittee were still waiting for a redesign space ventures have been low, but fu- the Moon landing, my support for the of the space station, which had been ture space projects will make much station was again emphasized. We can- dubbed ‘‘Freedom.’’ The HLLV seemed higher power demands. With these not just leave our advances at that. We like it might be a good device for de- types of initiatives, we will begin the need to return to the Moon and travel ployment of the station. development of a cadre of engineers to Mars. The President agreed that the By that time, we had won the battle and physicists who will provide the space station was the first step to for the ASRM plant, which was to be crucial talent pool needed for the space these ends, and a space summit with located at Yellow Creek in Michigan, power program for years to come. Members of Congress was suggested. just across the border from Alabama. Hopefully, much of this work will be After much debate on the advanced And that year, the Marshall Center done in Alabama. solid rocket motor plant, we finally se- awarded a $550 million contract to Meanwhile, my efforts to bring the cured funding through the conference Lockheed for the design and construc- supercollider to my State continued, through use of an unusual procedural tion of the Advanced Solid Rocket especially through an amendment to tactic. The House had not included Motor. Lockheed arranged to sub- the supplemental appropriations bill to funding, but we made sure the Senate contract the work to RUST Inter- decide location of the supercollider included money so that there could be national of Birmingham. It was going solely on technical merit. The Energy an increase during conference. Con- to be a great boon to Alabama as well October 21, 1996 CONGRESSIONAL RECORD — SENATE S12449 as the space program; in the following Arsenal, the Marshall Space Flight ing point to provide full funding in the years, we did our best to continue this Center, and the Strategic Defense Com- conference. We also convinced AL GORE project. mand had great potential to continue to voice support for the ASRM in In 1991, President Bush’s fiscal 1992 the expansion. speeches as the Democratic Vice Presi- budget request for NASA received my In 1992, another amendment to elimi- dential candidate. support. It was a 13-percent overall in- nate the space station came before the The final appropriations bill, which crease to fund the space station, Senate. The Senators who supported went to the President, included a much NASA’s share of the Heavy Lift Launch this amendment had deliberately in- higher level of funding than appeared Vehicle program, and to increase space flated the cost of the station, and they in the first Senate appropriations bill science research. The budget allowed perpetuated the myths of the station’s for ASRM, $2.1 billion for the space sta- the propulsion element for the space extravagance. Again, the Senate failed tion, and $167 million for Marshall’s shuttle program at Marshall Space to approve the amendment. AXAF Program, which was also in dan- Flight Center in Huntsville to continue That year, the Senate also approved ger of elimination entirely. without interruption. And completion a resolution to place two full-scale In 1992, my bill to endorse the U.S. of the Advanced Solid Rocket Motor models of the space station at the Cap- Space Camp, the U.S. Space Academy, plant in Yellow Creek was also in- itol from June 2 through 4, 1992. The and Aviation Challenge programs was cluded. fight to fund the space station contin- introduced. Our goal in Congress must But, of course, the space station met ued to be impassioned each year. If my be to support educational programs opposition again. To push the project, I colleagues had an opportunity to see and to tear down any barriers that met with the Vice President, adminis- first-hand the incredible potential the would prevent government agencies tration officials, and other Members of space station offers, they would under- from working in conjunction with pri- Congress to discuss the future of the stand how important continued fund- vate enterprise dedicated to teaching space station after its redesign, and we ing is to the program. The NASA ex- our youth. all came out of this meeting with a hibit included two modules, the habi- Shortly after taking the oath of of- feeling that we were going to join tation and laboratory units, each fice as President, Bill Clinton began a forces. Vice President Quayle assured housed in a tractor-trailer. I toured the program of downsizing the Govern- us that the President had assigned a exhibit myself with NASA Adminis- ment. The enemies of NASA went to high priority to the station. trator Goldin and a visiting boy scout work at OMB, and in the original rec- There was an attempt to cut the pro- troop from Alabama. ommendations from OMB, the space gram in the Senate, but it was opposed I used a floor speech commemorating station was to be canceled. Many of the on the floor. The Senate voted to keep the quincentenary of Columbus’ voyage enemies of the space station in Con- the funding in the bill. The station’s to the Americas to again illustrate the gress were urging President Clinton to toughest battle that year was in the importance of the Space Program. cancel the space station. House of Representatives. Congressmen When hearing some of my colleagues Congress recessed around the holiday BUD CRAMER and TOM BEVILL did great rail against the space station and other celebrations of the birthdays of Presi- work in restoring funding after the projects designed to propel us into the dents Washington and Lincoln in Feb- House appropriations subcommittee future, one cannot help but wonder ruary 1993. I had scheduled a return to had cut funding for the program from what they would have said had they Alabama to visit numerous places in its bill. Together, we sought to return been around in 1492. Some of the most the State with a series of town meet- NASA to a reasonable and balanced important human advances, like Co- ings. Upon learning that President profile of programs and to make sure lumbus’ voyage and many break- Clinton was seriously considering can- that America did not abandon the throughs in medicine, had been acci- celing the space station, my entire re- 100,000 scientists, engineers, and sup- dental. We may not always know excess schedule was put on hold in order port staff associated with NASA and actly what is out there, but we know to stay in Washington to do everything its contractors who work on the devel- we must continue to explore in order to possible to see that the space station opment of the space station programs. discover. Because of believing this so survived in the President’s budget. We We also sought to save the more than strongly, I met with the crew of En- worked with representatives of Boeing, 3,000 jobs in Huntsville. deavor to discuss the future of the McDonell Douglas, and others involved We protected other local jobs as well. Space Program. Among these astro- to stop the cancellation. For more than The ASRM plant received full funding. nauts was Kathryn Thornton of Ala- a week, we rallied forces to support the And other programs which were funded bama. space station. On several occasions, I were the Marshall Center’s Advanced X Another proposal which was short- personally discussed the merits of the ray Astrophysics Facility, and the Na- sighted was the President’s decision to program with our President and Vice tional Launch System/Space Transpor- eliminate the advanced solid rocket President. tation Main Engine program. The motor plant from his budget request. We got Texas Governor Ann Richards Earth Observing Systems program also Its supporters could not understand the to become actively involved in our ef- faired well. rationale behind cancellation, since forts. There were numerous people In October, the President signed a this system would have been much working night and day to do every- bill to facilitate the construction of more reliable than previous boosters. thing they could to save the space sta- Space Station Freedom. Soon after- In a letter to Senator MIKULSKI, the tion, and I hesitate to list all of them ward, there was a meeting with a group chair of the appropriations subcommit- because there were so many that might of astronauts to discuss the station’s tee, I asserted that it would cost more be left out. But, Chris Hansen of Boe- future and talked with the astronauts to cancel the Advanced Solid Rocket ing and Amy Bondurant, an attorney about Mission to Planet Earth, a pro- Motor Program than to complete it. representing McDonnell Douglas, were gram to study the Earth’s atmosphere That fact, combined with its increased extremely helpful in this effort. Jyles with satellites. safety and efficiency, certainly justi- Machen, our loan from Marshall, As the whole debate on funding went fied the ASRM in my own mind, and, served as a congressional fellow in my on, I spoke about how much Alabama’s fortunately, she agreed. office for 2 years, and his expertise was economy had grown since the space But this was not enough. We had to invaluable to me on the space station program began there in the 1950’s. Its use the same strategy we used in 1989. and to all issues and projects relating role in the State’s future was crucial. The House had voted to kill the ASRM to NASA. The growth began with the Army’s de- plant at the request of the Director of Vice President ALBERT GORE had al- velopment of the Redstone and Jupiter OMB. So, I spent an entire day con- ways been a supporter of the Space missile systems in response to Sputnik, vincing the Senate Appropriations Program, and he was convinced to go and continued when Milton Cummings Committee to include some funding to all out to preserve it. Greg Simon, a and Joe Moquin established the the program. Representative Jamie highly intelligent and knowledgeable Cummings Research Park. Last, the Whitten of Mississippi, chairman of the member of Vice President GORE’s staff, Army Missile Command, the Redstone House committee, used this as a start- was especially helpful in this battle. S12450 CONGRESSIONAL RECORD — SENATE October 21, 1996 During this time, we kept in constant NASA to restore some of its own credi- We did a not of preparatory work for contact with the officials at Marshall bility with the public. Another tremen- the vote and all of our efforts paid off Space Flight Center as well. The team dous benefit was the report issued by and everything turned out well. Those that worked to save the station at that the Advisory Committee on the Rede- of us who were proponents of the space time all cooperated and performed ex- sign of the Space Station, an independ- station contacted every Senator nu- ceptional work. When the President’s ent group of academic, scientific, and merous times in advance of the vote. I budget was finally submitted, he called business leaders, headed by MIT Presi- was pleased to serve as chairman of the for the full funding that NASA re- dent Charles Vest. This committee had vote round-up group as on several occa- quested for the space station. reversed its initial, negative view on sions before and since. We tried to get In 1993, the ASRM program died after the space station printed in 1993. This as many votes as possible so we could the House had voted it down for the time, Chairman Vest clearly stated put this continual fight for space sta- fifth time, even though the new Vice that the program had progressed well tion funding behind us. Our position President and other officials were beyond his expectations. It was not an was greatly strengthened by the House strong supporters. The House votes endorsement to be taken lightly and it of Representatives, which also gave a during 1993 were so overwhelmingly further emphasized the need for budg- strong show of support for the space negative that it became clear that the etary stability and a firm national station that year. best to be hoped for was a reassign- commitment for the International Senators MILKULSKI and GRAMM of ment to keep Yellow Creek employed Space Station. the Appropriations Committee did out- in some other activity. My chief con- However, NASA still had its vocal op- standing work on the NASA budget, cern by this point was saving Alabama ponents. For instance, CBO published a which reflected remarkable support for jobs. The plant was nearly completed, report stating that NASA could save the Space Station and the space and it had several possible uses, so the half of its money by halving its work- science programs. It increased NASA’s NASA administrator came to my office load. We were able to point out many funding over the President’s request, to discuss its future. errors in the report. This sort of hap- and fully funded the space station. Later that year, NASA and the hazard approach was reflected in the That year, the Senate also passed an Thiokol Corporation announced that budget allocation handed to the VA– amendment to appropriate $40 million company would transfer its rocket noz- HUD subcommittee, which cut $700 for the continuation of the commercial zle section from Utah to Yellow Creek. million from NASA’s budget. I was mid-deck augmentation module for the Eight hundred people would start work very concerned by the proposed cuts, space shuttle—widely known as ‘‘Space there. The transfer made a lot of sense, and began working to ensure that the Hab.’’ The amendment became part of since Marshall would be the chief space station and other programs were the emergency supplement bill to aid buyer, and of course we wanted to see protected. victims of the earthquake. The pri- the jobs there. 1994 saw yet another Senate amend- mary contractor for the project was But there were other disappoint- ment to cut the space station. By that McDonnell Douglas, headquartered in ments that year, including, most nota- time, the program had already been as- Huntsville, which would employ 150 bly, the fact that Marshall was not signed a district management struc- people to finish the quasi commercial chosen to be the lead center for the ture with clear lines of responsibility venture. The Space Hab program has space station program. However, Boe- and authority. One center had been been in serious danger due to budget ing, also located in northern Alabama, designated as a host center to facili- cuts, but the appropriation allow it to would serve as a major contractor. Of tate program administration, and one continue. It was a crucial project in course, Marshall would have been an contractor was selected as the prime, the commercialization of space. excellent choice to host the project, es- with all others working as subs. Tran- We also continued our efforts to pecially because of the quality work sition to the previous year’s redesign maintain Yellow Creek that year, pur- the management and employees there and this new management structure suing the rocket-nozzle factory at the had done on the program. They had was complete. The new management plant and other options. In a meeting done it without any of the large cost structure included a concept widely with Navy Secretary Dalton, I pro- overruns that plagued other centers embraced within the private sector, a posed conversion of NASA’s Yellow working on the space station project. tenet of total quality management Creek facility into a site for Navy de- But in our Yellow Creek meeting known as the integrated product team. militarization of surplus strategic and with the NASA administrator, he as- These teams are a flexible management tactical rocket motors. NASA’s Ad- sured Congressman CRAMER and me tool designed to bring together experts vanced Rocket Motor Director had that any rumors Marshall would be from several fields to work individual given me the idea in another meeting. close were ‘‘poppycock,’’ and his assur- issues, solve problems, improve com- The Navy would receive a flexible facil- ances seemed pretty solid. The final munications, and speed decision mak- ity to enable the sound disposal of ex- appropriations bill included more than ing. Essential design and review stages cess rocket motors; the transfer would $2.1 billion for the space station. This were almost completed. create a means to investigate energy funding level included vital elements Compared to the Freedom design, the production and reusable chemicals, and such as the payload utilization oper- International Space Station had nearly jobs would be saved. ations conducted at Marshall Space twice the power, almost double the Last year, there were misguided ef- Flight Center. And NASA had selected pressurized volume, and twice the num- forts to cut the NASA budget signifi- the Marshall Center to build the Space ber of laboratory modules. The station cantly. The Republicans advocated Station Furnace Facility, a project was designed to orbit at a higher incli- huge cuts, and the President and NASA which would employ 160 people. nation, broadening the band of the Administrator claimed they had to pro- That year’s appropriations bill had Earth’s surface and atmosphere visible pose cuts, too. The Executive Branch other advantages for Alabama, too. It to the station. The crew size has been told me that some of the funding re- included millions for the Centers for increased from 4 to 6 fulltime crew ductions would occur after the con- the Commercial Development of Space. members. The amount of extra-vehicu- struction of the space station was com- These centers were comprised of a con- lar activity, or ‘‘spacewalks’’ required pleted. Streamlining the shuttle pro- sortium of universities, including UAB, to construct the station has been dras- gram was another cost-savings plan. UAH, and Auburn. NASA had recently tically reduced, thereby reducing pro- In a meeting in May, the NASA Ad- conducted a peer review of these cen- gram risk. Furthermore, the inter- ministrator announced that both the ters and scored Alabama’s three cen- national partners in the project had Senate and the House versions of the ters very well. By the recommenda- completed their essential design and Republican budget proposals would tions of this same report, 6 of the 17 review stages. cause severe cuts to the agency’s per- centers were scheduled for closure, but It made no sense to cut the program, sonnel. To pay for the tax cut con- not ours. and the Senate knew it. In the subse- tained in the House of Representatives In 1994, the dramatic and successful quent vote, 64 members voted for the budget plan, he told me NASA would be repair of the Hubble Telescope helped space station, a remarkable victory. forced to cut 45,000 civil service and October 21, 1996 CONGRESSIONAL RECORD — SENATE S12451 contractor jobs at NASA by the year April, NASA safely concluded the sec- ed at the Federal level. Much of my 2000. The House proposal was worse, ond longest shuttle mission. The space work on the Judiciary Committee has and it required large cuts by this year. station was reconfigured within con- focused on bringing these reforms to Of course, the President vetoed this gressional budget limits and consider- the Federal court system. As a mem- budget, but the agency is still in trou- able improvements were made in man- ber, chairman, and ranking member of ble. agement, engineering and budgeting the subcommittee overseeing the Most disturbing, however, was the the program. These changes led to a re- courts and judicial administration, I House Republicans’ announcement that sounding endorsement from the Vest have had the opportunity to seek many they would close Huntsville’s Marshall Committee. much-needed improvements in the ad- Space Flight Center by 1998 along with It is rewarding to those of use who ministration of justice. Since judicial other NASA facilities in Maryland and have worked long and hard in support administration is so important to ac- Virginia. In a meeting with NASA Ad- of this important international sci- cess to the judicial system, it is my ministrator Goldin, he assured me he entific collaboration that the firm belief that efficient administra- would fight to maintain all three cen- groundswell of public and congres- tion is a necessary component of swift ter the House had targeted: Marshall, sional support is growing stronger. and sure justice for all those who seek Goddard, and Langley. We had already Credit for this success belongs to the it. done a lot of work in the Senate, and team of personnel—scientists, engi- Since time and space will not permit Senator Shelby and I had contacted neers, contractors, universities and me to be as comprehensive in summa- key leaders in the Senate and received government agencies—who have rizing these various issues as I would their commitments to keep Marshall worked tirelessly to make this pro- like, I ask unanimous consent that a and the other centers open. gram a viable path to the future.∑ summary listing of legislation I have In September 1996, we fought against f introduced, cosponsored, or directly yet another Senate amendment to cut shaped in some way be included in the JUDICIARY COMMITTEE funding for the space station. Tens of CONGRESSIONAL RECORD after my re- ACTIVITIES AND COURT REFORM thousands of pounds of equipment had marks. However, I would like to sum- already been constructed, and the shut- ∑ Mr. HEFLIN. Mr. President, as the marize some of the highlights in these tle had flown its first station related end of the 104th Congress was drawing areas. mission the year before. Although the to a close, I began making a series of One of the major efforts was in the Senate voted the amendment down, it speeches summarizing my activities area of bankruptcy reform. Passage of is unfortunate that the biggest chal- and legislative efforts relating to some the Bankruptcy Reform Act of 1994 lenge the station program faces ap- of the major policy issue areas facing brought to a close nearly 5 years of pears to be the Congress of the United our Nation. My purpose was to reflect work in this area. Over these several States, specifically a small handful of upon and generally summarize my years, we were able to produce the first members who continue to offer legisla- three terms in the Senate, pointing out major substantive change in the Bank- tion aimed at terminating the station progress, key accomplishments, dis- ruptcy Code since 1984. We successfully program. Since the inception of the appointments, and suggestions for the streamlined and updated the code. program, votes have been held over 18 future. So far, I have focused on the The need for a major reform of the times on the station. We must continue areas of civil rights and national de- code became apparent with the record to reject these attempts and continue fense and foreign policy. Here, I will increases in bankruptcy filings the our support of the Space Station pro- devote some attention to my role as a courts had been experiencing. There gram. We owe this to the future of the member of the Senate Judiciary Com- was a need for changes in the code citizens of the United States and to all mittee. which recognized the changes in the the people of Earth. Much of my statement on civil rights economy and different types of finan- Unfortuantely, the Premiere Nozzle issues focused on activities within the cial arrangement faced by consumers Center at Yellow Creek came to an end Judiciary Committee, since these is- and businesses. last year. Mississippi state officials sues often arise in the context of court Our act addressed virtually all as- seem to have made a deal with NASA cases and nominations. I will reiterate pects of bankruptcy, including provi- to gain title to the property. some of that material here, but will sions which made significant and im- The Yellow Creek saga began when focus more on court reform and the ad- portant changes to the bankruptcy TVA terminated a 30–percent-complete ministration of justice, issues which process in our Federal courts. Also in- nuclear reactor. Then came the rash were not discussed at length in that cluded were provisions which stream- cancellation of the ASRM plant, which statement on civil rights. lined the process for the individual was designed to prevent future space While serving as chief justice of the consumer debtor through the encour- shuttle disasters like the Challenger Alabama Supreme Court, my primary agement of the use of chapter 13 repay- incident in 1986. Last, we were faced goal was to modernize the State’s sys- ment bankruptcy provisions. The com- with the sell-out of the nozzle center, a tem of justice. The backlog of cases mercial bankruptcy process and proce- project which first was announced just when I came into office was staggering, dure was also addressed. I am particu- 18 months beforehand. so we set out immediately to pass re- larly proud that a Bankruptcy Review In reviewing its history, it is hard to form of the judicial article, which is Commission was set up to review and dismiss the theory that the use of Yel- the part of the State constitution out- study the laws and process related to low Creek as a site for ASRM and as a lining the State judiciary. During my bankruptcy filings. Overall, these re- Nozzle Center was being sabotaged term, we were successful in getting the forms have led to a more effective and from the beginning after the Revised people to adopt a new article to the workable process. Solid Rocket Motor was completed. State’s constitution in the form of a In the 96th Congress, I introduced a Given its history, hopefully something constitutional amendment which was bill to divide the Fifth Circuit Court of productive can occur at Yellow Creek; known as the new judicial article and Appeals into two courts. Its main pur- otherwise it will stand as a monument in getting the State legislature to pass pose was to promote judicial efficiency. to Government ineptitude an incom- a judicial article implementation bill, Individual judges in the fifth circuit petence, as well as a destructive con- which some say became a model for the were severely burdened by an exces- spiracy. Nation. I was extremely proud of our sively large caseload. Furthermore, the In my last year as a Senator, NASA efforts and of the many hundreds of entire court had accrued the largest en and the space station have, thankfully, people who came together to make it blanc caseload in U.S. judicial history. enjoyed a banner year. Congress has happen. I saw first-hand that State The measure splitting the circuit and approved a NASA budget of $14.37 bil- courts can be made more efficient and creating the 11th Circuit Court of Ap- lion, which includes $2.1 billion for the citizens’ access to the courts increased. peals was signed into law in October International Space Station. Space Upon arriving in the Senate, I quick- 1980. Lab received $102.3 million, which is 10 ly saw that much of the reform we ac- In the 97th Congress, I was a cospon- million over the original request. In complished at the State level was need- sor of the Omnibus Victims Protection S12452 CONGRESSIONAL RECORD — SENATE October 21, 1996 Act of 1982, which provided additional sored: the Federal Courts Study Com- access to the judicial system. The fed- protection and assistance to victims mittee Implementation Act, the Judi- eralized product liability reform bills and witnesses in Federal cases. I was cial Survivors’ Annuities Improve- contained many provisions which also proud to have been a moving force ments Act, the State Justice Institute would have immunized many in the establishment of a State Justice Reauthorization Act, and the Court of tortfeasors in a manner which was institute in 1984 during the 98th Con- Claims Technical and Procedural Im- grossly unfair. This type of legislation gress, and in the passage of an act provements Act. It also contained a should continue to be defeated so that amending title 18 of the United States provision cosponsored by myself and our jury system—imperfect as it may Code to ban the production and use of Senator GRASSLEY which created a new be—remains strong and the bulwark of advertisements for child pornography civil cause of action in Federal court our system of justice. or solicitations for child pornography. for victims of international terrorism. In 1979, I convinced members of the This became law in November 1986, at I supported the Violent Crime Con- Judiciary Committee to kill the court the end of the 99th Congress. trol and Law Enforcement Act of 1994, annexed arbitration bill, which would I have always been firmly committed which, among other things, provided force parties in personal injury, prop- to measures which ensure the free and funding for 100,000 policemen for com- erty, and contract cases under $100,000 open exercise of religion. In 1988, dur- munities all across the Nation. While to submit to mandatory arbitration in ing the 100th Congress, an act to im- there were several provisions in this Federal court. I believed this bill was pose criminal penalties and to provide bill with which I strongly disagreed, on unconstitutional because it would deny a civil action for damage to religious balance, its good provisions far out- the guarantee of a jury trial and the property and for injury to persons in weighed its bad. I saw it as a positive constitutional right of access to jus- the free exercise of religious beliefs and comprehensive effort to stop the tice. An arbitration bill which doesn’t was passed by Congress and signed into onslaught of crime and drugs in our so- penalize a party from seeking a trail de law. Later, in the 103d Congress, my ciety. novo will go a long way toward mini- subcommittee held hearings on pro- Of course, there have been dis- mizing the faults of the proposal. posed Equal Employment Opportunity appointments over the years, such as In 1979, Congress passed an amended Commission [EEOC] guidelines which the failure to pass a constitutional Federal Magistrates bill, which became many felt would have adversely af- amendment to ban flag burning and Public Law 96–82. When it was first infected Federal workers’ rights to ex- one to require a balanced Federal budg- troduced, I criticized it as the third press their religious beliefs in the et. I and many others in Congress piece of a haphazard modification to workplace. Ultimately, we were suc- worked long and hard to pass these the system in 10 years. Rather than cessful in preventing these guidelines measures, and they came close in the amending it piecemeal, lawmakers from taking effect. This year, in the most recent 104th Congress. I think es- should study and approach the whole wake of the rash of church burnings in pecially in terms of the balanced budg- system. the South, I strongly supported the et amendment, that we will ultimately In 1979, we passed a law, Public Law legislation to increase penalties for be successful. I will continue doing all 96–43, to amend the Speedy Trial Act of those convicted of destroying houses of in my power as a private citizen to see 1974 in order to limit the delay from worship through arson. that these amendments are added to charge to trial in the Federal courts to During the 101st Congress, I was ex- our Constitution. no more than 100 days. tremely proud of being a cosponsor of a Much of my time and energy in the In 1979, I opposed the Illinois Brick comprehensive act containing three 104th Congress was spent on a bill to bill. After studying the case carefully, major parts. One was the Civil Justice establish an independent Court of Ad- I concluded that Justice Byron White Reform Act, which required selected ministrative Law Judges. I have al- had issued a correct decision. I was U.S. courts to implement expense and ways thought it absurd that Federal fearful that if this legislation were delay reduction plans. A second part agencies were allowed to judge cases adopted, class action antitrust cases was the Federal judgeships Act, which involving themselves and outside par- would completely occupy the time of created 85 new judgeships, thereby ties. How can a ‘‘judge’’, employed by Federal judges and require a many-fold streamlining efficiency. The third the agency he is serving, be expected to increase in the number of Federal major part of this act was the Federal decide cases fairly and impartially? judges in a short time. Courts Study Committee Implementa- The bureaucrats fought this proposal In 1979, when it passed the judiciary tion Act, which put into place a num- tenaciously, and again, we were unsuc- committee, I called the Equal Access ber of the committee’s recommenda- cessful. We did, however, come closer to Justice Act one of the best pieces of tions. The act, which became Public in 1996 than ever before, and I remain legislation I have seen. The bill would Law 101–650 on December 1, 1990, also hopeful that the next Congress will see have allowed citizens whom the Gov- contained provisions dealing with tele- the wisdom of ensuring independence ernment had taken to court vision violence, computer software in Federal administrative law. unjustifiably or who contested unrea- rental, judicial discipline, and the Another item which ultimately failed sonable regulations to recover attorney rights of visual artists. in the 104th Congress was comprehen- fees. In other words, if a citizen is prov- One of the proudest achievements of sive regulatory reform. I joined with en right, he doesn’t have to pay for jus- my career occurred during the 102nd Senators Dole and JOHNSTON in seeking tice. The House never acted on this Congress, with the passage of my bill to provide a cost-benefit analysis in bill. But in 1985, Congress passed Public to name a Federal building in Mont- terms of certain regulations whose eco- Law 99–80, similar to the Equal Access gomery, AL, after Judge Frank M. nomic impact exceeded $100 million. to Justice Act. This law allowed local Johnson, Jr. Judge Johnson, one of the Regulatory reform should remain at governments, individuals, and small greatest jurists to have ever served on the top of the congressional agenda. businesses to collect attorneys’ fees if the Federal bench, did so much to pro- One issue on which its opponents, in- they won cases against Federal agen- mote racial progress in Alabama and cluding myself, were successful on was cies. the rest of the South that I could think in preventing product liability reform In 1979, Congress passed the Justice of no more fitting tribute to honor his from passing. So-called product liabil- System Improvement Act, Public Law work and service. It became law on ity reform legislation was billed as an 96–157, to reauthorize the Law Enforce- March 20, 1992. A new Federal court- effort to rein in errant juries and limit ment Assistance Administration. This house was built in Birmingham and excessive awards to plaintiffs. While I bill created the Office of Justice As- later named the Hugo Black Court- do support tort reform, I believe it sistance, Research and Statistics house and the Montgomery courthouse should be done at the State level and [OJARS] which would coordinate the is now being expanded. without weakening the jury system. administration of the LEAA and two That same year, the Federal Courts The right of trial by jury is one of the other, new agencies, the Bureau of Jus- Administration Act of 1992 was signed most sacred rights we have as Ameri- tice Statistics [BJS] and the National into law (P.L. 102–572, October 29, 1992). cans, and nothing should be done to Institute of Justice [NIJ]. I had become This law encompassed four bills I spon- limit that right or restrict a citizen’s a strong supporter of the LEAA during October 21, 1996 CONGRESSIONAL RECORD — SENATE S12453 my tenure as the chief justice of the This law also amended title 28, Unit- the act contained some questionable supreme court. In Alabama, our police ed States Code, with respect to the provisions which I opposed. and sheriff departments had been large- places where court shall be held in cer- In 1984, Congress passed a bill to ly underfunded, undermanned, under- tain judicial districts. It also included amend the Clayton Act, relating to trained and unprofessional, but with several other provisions. The first es- antitrust laws, as it applied to local the LEAA’s help, they developed into tablished an Intercircuit Tribunal. The governments. well-disciplined and professional orga- second clarified the circumstances In 1984, Congress, passed Public Law nizations. Unfortunately, the LEAA under which a trademark may be can- 98–547 to fight auto thefts in which the died in 1980 during budget debate. celed or abandoned. The last pertained criminals stripped and sold the vehicle In 1980, the Congress passed a bill to to the authority of the special counsel. as spare parts. The law required identi- create the 11th U.S. Circuit Court of In 1980, Congress passed a bill to cut fying numbers on the major parts. Appeals, which became Public Law 96– costs and delays in antitrust trials. In 1985, we extended the deadline for 452. The old Fifth Circuit, which com- This bill became Public Law 96–349. the sentencing commission, created by prised six States, had become so over- In 1980, the Congress passed a bill to Public Law 98–473, to finalize its guide- burdened that it could no longer handle create a U.S. Court of International lines. This extension was included in its caseload. In fact, its en banc case- Trade and to reform the judiciary ma- Public Law 99–417. Another law, Public load was the largest in the country. We chinery relating to trade. This bill be- Law 99–22, made minor changes to the did have a great concern in the Con- came Public Law 96–417. commission. gress about the implications of the In 1980, the Congress passed a bill to In 1985, we passed another law, Public split to civil rights, since this court make certain that Federal courts hear Law 99–218, regarding the Supreme generally handled the most important all cases under their jurisdiction. Be- Court Police and its authority to pro- civil rights cases. Judge Frank John- fore this bill passed, the amount in tect the Justices and officers of the son served as an excellent advisor for controversy determined whether or not Court. the Court to ensure that the Congress a Federal court would hear any given In 1986, we passed Public Law 99–303 handled the split with care. case. This bill became Public Law 96– to fight sexual molestation in Indian In 1980, the Senate passed a bill call- 486. Country. ing for a ‘‘State of the Judiciary’’ In 1982, Congress created the U.S. In 1986, we reformed Federal justice speech by the Chief Justice. Congress Court of Appeals for the Federal Cir- and judges survivors’ annuities with as a whole largely ignores the third cuit. A new law, Public Law 97–164, Public Law 99–336. branch until some crisis situation de- combined the U.S. Court of Customs That year, we also amended the False mands that we provide additional Fed- and Patent Appeals and the U.S. Court Claims Act with Public Law 99–562 to eral judges or implement some reorga- of Claims. The new court had the same strengthen enforcement provisions for nization. This idea has not yet mate- authority as the other 12 U.S. Circuits, making false claims to the Federal rialized into law, but I still think it is but its jurisdiction was national, rath- Government. This bill also included a good plan. er than regional, and determined by protections for whistleblowers, some- In 1980, I introduced another bill to subject matter. thing that we had worked on for a long create a National Court of Appeals to During hearings in the 96th Congress, time. In our view, these protections relieve the overburdened Supreme I declared that it was time to declare a were particularly important in pre- Court. During 1979, the Court heard less war on crime, and in the following Con- venting Government waste, in the De- than 7 percent of the cases before it. gress I introduced a number of meas- fense Department, and in other areas. This bill never passed either, but in the ures I hoped might effectively reduce In 1986, we banned advertisements for future, the Congress must arrive at it. Elements of my package became law some solution to the overwhelming child pornography with Public Law 99– over the years immediately following. caseload of the Court. 628. In 1982, we introduced legislation to Public Law 97–285 set penalties for In 1986, Congress improved the deliv- amend Federal habeas corpus proce- crimes against cabinet officers, Su- ery of legal services to indigents with dures by restricting the power of the preme Court Justices, and Presidential Public Law 99–651. Federal courts to review and overturn staff members. Public Law 97–291 cre- In 1987, Congress passed Public Law State criminal convictions. There is a ated additional protections for and as- 100–236 to amend the laws governing crying need to achieve finality in our sistance to victims and witnesses in multiple appeals filed on orders from criminal justice system and to protect Federal cases. Public Law 98–127 dealt Federal agencies. Until that time, law- the integrity of the State judiciary. I with tampering, as in the case of the yers frequently filed appeals in dif- had also included certain provisions re- Tylenol murders. Public Law 98–292 ferent courthouses in order to draw a garding habeas corpus procedures in was designed to fight the sexual exploi- judge they thought would be favorable my Federal court study implementa- tation of children. Public Law 98–305 to their case. The new laws allow 10 tion bill. The Republican 104th Con- criminalized the robbery of a con- days to appeal an order, and created a gress passed some provisions relating trolled substance. lottery system for selection of the to habeas corpus reform, but it con- In October 1984, several other ele- judge if multiple appeals were filed. tained a number of questionable provi- ments of my war on crime package be- In 1987, I introduced legislation to sions. came Public Law 98–473. This law in- change the administrative law system. Provisions to create a State Justice cluded the Justice Assistance Act to Congress has considered this language Institute, which I had first introduced provide aid to State law enforcement, several times since, but it has not yet in 1980, became part of Public Law 98– after the model of the defunct LEAA. passed a bill. Administrative Law 620. Specifically, with the Institute, we It provided for victims’ compensation. Judges are employed and housed by the sought to provide education for judges The law also included mandatory sen- agencies they oversee. This system rep- and officers of the courts of the States tencing for use of firearms in a Federal resents a clear conflict of interest. I be- as well as sound proceedings for man- crime, and other sentencing guidelines lieve that judges must, instead, be aging and monitoring caseloads, and including the creation of a sentencing independent, and for this reason I improvement of access to justice. Hop- commission to establish standards for sought to create an independent corps ing to adhere to the doctrine of federal- punishment in Federal crimes. Fur- of administrative law judges. I strongly ism and separation of powers, we de- ther, it provided for Federal prosecu- recommend that Congress address the signed the Institute to assure strong tion of murders-for-hire, drug traffick- problem in the future. and effective State courts, and thereby ing, pharmacy robbery, labor rack- In 1988, Congress passed the Perma- improve the quality of justice available eteering, computer fraud, and assaults nent Federal Court Study Act, which I to the American people. These ends on Federal officials. Last, the law in- had originally introduced during 1980 were all the more important since re- cluded provisions which shifted the as part of a package which had in- cently enacted Federal laws, including burden of proof in the insanity defense cluded the unsuccessful National Court the speedy trial act, had increased the to the defendant. The Hinckley acquit- of Appeals. The Federal court study cases sent to State courts. tal inspired this language. However, committee language became part of S12454 CONGRESSIONAL RECORD — SENATE October 21, 1996 Public Law 100–702. We designed the years of work that had included a pro- the House to amend the Bankruptcy Federal court study committee to plan posed constitutional amendment. I had Act to prohibit the discharge of feder- for the long range needs of the judici- also proposed another constitutional ally insured or guaranteed student ary. I believe that reform must keep amendment in 1988 to reform the ac- loans until 5 years after graduation. costs in mind, and it must avoid a care- tual impeachment proceedings, which The Bankruptcy Reform Act (Public less, band-aid approach. These two con- had proven themselves to be cum- Law 95–598) had repealed this prohibi- ditions are required if we are to main- bersome. tion until the first day of fiscal year tain public confidence in the judicial Public Law 101–650 contained some 1980, but Congress filled the gap with system. other miscellaneous provisions. The H.R. 2807. Specifically, before we at- Public Law 100–702 also included law also contained language to address tached our amendment in the Senate, other significant provisions. It raised television violence by removing from the bill would only have covered loans jurisdictional authority in Federal di- antitrust laws any cooperation within repayable directly to the Federal Gov- versity cases from $10,000 to $50,000. It the industry to reduce it. The law in- ernment or to a nonprofit educational also reauthorized the State Justice In- cluded provisions to deal with com- institution. stitute, created pilot programs of vol- puter software copyright laws. This bill In 1984, we passed a much more sig- untary court-annexed arbitration, re- also contains S. 1198, the Visual Artists nificant bankruptcy measure to bring solved district court jurisdictions Rights Act, which gives creators of cer- Federal bankruptcy courts in line with under the Tucker Act, established tain artistic visual works the right to the Supreme Court’s Marathon deci- methods of adopting recommendations prevent modification or destruction of sion. This bill became Public Law 98– of the Judicial Conference, and re- their work. 353. With Marathon, the Court ruled formed jury selection. In a letter ad- In 1992, Congress passed the Adminis- that 1978 bankruptcy law was unconsti- dressed to me, Chief Justice Rehnquist trative Procedure Technical Amend- tutional because the bankruptcy called the bill ‘‘probably the most sig- ments Act, Public Law 102–354, to make judges, who are not appointed for life, nificant measure affecting the oper- technical corrections to Chapter 5 of should not have the same authority as ation and administration of the Fed- title 5, U.S.C. This law also amended other judges. The bill put bankruptcy eral Judiciary to be considered by the the Alternative Dispute Resolution Act under the jurisdiction of the district Congress in over a decade.’’ Rehnquist (Public Law 101–552) to authorize Fed- courts, but gave the article I bank- also wrote that passage of the bill eral agencies to resolve disputes be- ruptcy judges the power to hear these ‘‘with its many and varied provisions tween two other parties. cases. With this law, we averted the to improve different aspects of the ju- In 1992, Congress passed the ‘‘Dead- need to appoint 200 new article III dicial system, will significantly en- Beat Dad’’ bill. This became Public judges for life. hance the effectiveness of the Federal Law 102–521. Notably, with this bankruptcy legis- Judiciary as a whole.’’ In 1992, Congress passed the Federal lation, we also sought to protect farm- In 1988, Congress passed another bill Courts Administration Act of 1992, ers, catfish growers, and shrimpers who which had been part of the 1980 pack- which became Public Law 102–572. This lost their crops in a processing or storage which ultimately became Public law was actually a conglomerate of age facility which went bankrupt. Fur- Law 100–702. This bill gave the Supreme several bills. It codified certain rec- ther, the legislation was designed to Court greater discretion in selection of ommendations of the Federal Courts prevent drunk drivers from escaping its cases. This language took 8 years to Study Committee, which I believe had their liability through bankruptcy pass, but it finally became part of Pub- turned out to be a valuable experiment. laws. lic Law 100–352. It reformed the judicial survivors’ an- Passage of this bill took time, how- In 1988, the Congress passed the Anti- nuities system. It reauthorized the ever, and under the Marathon decision, Drug Abuse Act of 1988, which became State Justice Institute for fiscal years the extant system would collapse— Public Law 100–690. This new law in- 1993–1996. It altered the claims litiga- leaving half a million unheard cases. cluded the creation of a drug czar, tion procedure before a newly renamed For this reason, until the major bill be- which had been eliminated from my U.S. Court of Federal Claims. Public came law, we needed to extend the 1984 crime package. This new law also Law 102–572 also included language temporary arrangement twice. We ac- included the Criminal and Juvenile Senator GRASSLEY and I wrote in order complished the extension with Public Justice Partnership Act and the Child to create a new civil cause of action in Law 98–249 and Public Law 98–271. Protection and Obscenity Enforcement Federal court for victims of inter- Another bankruptcy law which Act. national terrorism. passed in 1984, Public Law 98–531, clari- In 1988, Congress passed a new law, In 1992, Congress passed a bill to au- fied laws on retirement for bankruptcy Public Law 100–694, to protect Federal thorize the Juvenile Justice and Delin- judges. employees from the threat of lawsuits quency Prevention Act of 1974. This In 1986, the Congress passed another based on their work performance. The legislation became Public Law 102–586. major bankruptcy law. This law, Pub- bill was designed to overturn the 1988 With Public Law 103–192, Congress ex- lic Law 99–554, provided for the ap- Supreme Court decision, Westfall ver- tended pilot arbitration programs in 20 pointment of 52 additional bankruptcy sus Erwin. district courts for one year. judges. The law also allowed for the ap- In 1988, we passed Public Law 100–700 Public Law 103–420 reauthorized 10 pointment of trustees under the De- to make it a crime to knowingly de- mandatory and 10 voluntary court an- partment of Justice to handle the ad- fraud or attempt to defraud the Gov- nexed arbitration pilot programs, and ministration of bankruptcy cases. ernment in contracts of $1 million or authorized the judiciary automation Last, the bill paid special attention to more. fund. It also extended the deadline for small farmers who went bankrupt and I strongly supported a constitutional the Rand Corp.’s study of civil litiga- included language to help them avoid amendment to ban flagburning in the tion. liquidation. late 1980’s, and I spent a great deal of Public Law 103–305 changed the rules Two other bankruptcy bills became time on it in the most recent Congress. on the EEOC’s guidelines regarding re- law in 1987. Public Law 100–99 pertained In 1990, Congress authorized the ap- ligious harassment in the workplace. to protections under title 11. Public pointment of 74 new U.S. district and With this law, we sought to allow per- Law 100–202 included language to speci- 11 new U.S. circuit judges with Public sonal expressions of religious belief, fy salaries for magistrates and bank- Law 101–650. Importantly, this new law which until that time had been prohib- ruptcy judges. also incorporated the Judicial Dis- ited. Similar language had stalled in There were four more bankruptcy cipline Reform Act to improve proce- the 102d Congress due to abortion con- bills which became law in 1988. The dures for disciplining Federal judges, troversies. first clarified laws pertaining to insur- and to establish a National Commis- BANKRUPTCY ance benefits under the bankruptcy sion on Judicial Discipline. The final Our work in the Senate significantly code for retirees. It became Public Law language to discipline judges short of affected the language in Public Law 96– 100–334. A second authorized additional impeachment was the culmination of 56. This bill (H.R. 2807) originated in bankruptcy judges in Colorado, Kansas, October 21, 1996 CONGRESSIONAL RECORD — SENATE S12455 Texas, Alaska, and Kentucky. This bill United States, with facilities in three could be a viable business in the South. became Public Law 100–587. A third States, markets as far flung as Russia In the pre-World War II era, the Mid- clarified the bankruptcy laws as they and the Far East, annual sales of about west seemingly had a lock on the mar- applied to municipalities, including $200 million, and more than 2,200 em- ket due to the producers’ close proxim- changes to the laws governing their ployees. ity to ample supplies of corn and grain. bond issues for public works. It became To gain a more complete understand- Mr. Durbin worked long and hard to Public Law 100–597. Last, Congress ing of Marshall Durbin, Sr., it helps to help convince railway companies to passed legislation to provide for retire- turn the pages of history back to the move to larger railcars and concur- ment and survivors’ annuity for bank- late 1920’s when the enterprising young rently reduce rates, selling them on ruptcy judges and magistrates, etc. Alabamian—whose formal education the argument that by the reduction This bill became Public Law 100–569. ended at third grade—moved off the they could increase volume and profits. In 1990, we passed a bill to clarify the family farm to the big city of Bir- This led to a shift in agricultural eco- laws governing swap agreements and mingham to enter the real estate busi- nomics, with the South producing more forward contracts. It became Public ness. But the stock market crash of Oc- chickens and the Midwest focusing its Law 101–311. tober 1929, followed by the Great De- efforts on growing more corn and soy- That year, Congress also passed a law pression, led him quickly to the con- bean to feed those chickens. He also led to prohibit drunk-drivers from dis- clusion that this would not be the most the way in promoting the nutritional charging debts arising from their ac- profitable course to follow. Reviewing value of chicken; it was at his urging tions under chapter 13. This became his options, Mr. Durbin decided that rein the early 1960’s that the National Public Law 101–581. gardless of economic conditions, ‘‘Peo- Broiler Council initiated, with The 1990 crime bill included some ple will want to eat.’’ So in 1930, with Kellogg’s Corn Flakes and the Cling $500 in funds borrowed from his bride, bankruptcy provisions pertaining to Peach Association a joint advertising the late Eula Sims Durbin, he estab- the collection of debts to the U.S. Gov- program centered around this theme lished a retail fish stand. Two years ernment and the discharge of debts in and aimed at women’s magazines. later, he added poultry—and a second bankruptcy. This bill became Public Mr. Marshall, Junior, also remembers stand. his father, who over the years Law 101–647. From those small retail stands Mar- In 1992, Congress passed a bill to au- shall Durbin Cos., grew into its furthered his education with such read- thorize the appointment of additional present-day status as a vertically inte- ings as ‘‘Plutarch’s Lives’’ and Will bankruptcy judges. This bill became grated company, complete with its own Durant’s ‘‘The Story of Civilization’’, Public Law 102–361. Alabama was to re- hatcheries, breeder flocks, contract as a fair man. ‘‘He was a good leader— ceive another bankruptcy judge for the growers, warehouses, processing plants, a fair leader. I remember him as stern Northern district. cooking plants, feed mills, fleet, and but friendly. Of course as happens in 1994 saw the passage of a major bank- distribution facilities. The growth in most businesses we sometimes dis- ruptcy reform bill. This bill became Marshall Durbin Sr.’s business was agreed on how things should be done Public Law 103–394. It modified provi- mirrored by that of the Alabama poul- because of the generational differences. sions concerning the rights of debtors try industry, which today has a major But I can remember that for a while and creditors and altered the relation- impact on the State’s economy. By after he died when I had a problem I ship between secured and unsecured producing more than 882 million broil- would still find myself getting up and creditors. It increased the efficiency of ers, it provides employment for some going into his vacant office to ask for the business reorganization procedures. 55,000 Alabamians and income for al- advice * * * by then I had learned that It encouraged the use of procedures most 4,000 farmers—and has a total in- his counsel was generally right.’’ that allow individual debtors to pay dustry impact of almost $7.5 billion. The son says he believes his father, their debts over time instead of facing During his years of industry leader- who in his later years found time for liquidation. It also created a bank- ship Mr. Durbin actively supported or- fishing and always reserved his Sun- ruptcy review commission to report on ganizations that would contribute to days to take his granddaughters to the needed substantive changes. The bill its growth—and the growth of his zoo and then out for hamburgers, would sought to modernize the administra- State. For example, he was a cofounder most like to be remembered for the tion of the bankruptcy process by es- of the Southeastern Poultry and Egg way he helped set the course for the tablishing clear authority for bank- Association, served as president of the poultry industry in not only Alabama ruptcy courts to manage their dockets Alabama Poultry Processors Associa- and the Southeast, but in the United activity through the use of status con- tion and was cofounder of the Alabama States. ferences. The bill strengthened extant Poultry Industry Association. On the Perhaps Marshall Durbin, Senior’s law to encourage Federal appeals national level, he was a cofounder of most significant legacy in that regard courts to establish a bankruptcy appel- the National Broiler Council and the stemmed from his tenure on the U.S. late panel to promote expedient bank- first president of the National Broiler Department of Agriculture National ruptcy appeals.∑ Marketing Association, plus he served Advisory Committee in the middle f 15 years as a member of the board of di- 1960’s. At the time, the USDA was in rectors of the Institute of American the process of introducing a proposal to TRIBUTE TO MARSHALL B. Poultry Industries. impose production quotas and price DURBIN, SR. ‘‘His principle business philosophy controls on the poultry industry. Hav- ∑ Mr. HEFLIN. Mr. President, just be- was hard work and lots of it,’’ remem- ing seen what a detrimental effect fore the sine die adjournment, the Ala- bers Marshall B. Durbin, Jr., who suc- similar policy measures had wreaked bama Business Hall of Fame at the ceeded his father as head of Marshall on the cotton industry, Mr. Durbin University of Alabama announced that Durbin Cos., after working in the busi- used his membership on the National the late Marshall B. Durbin, Sr., would ness with him for many years. ‘‘In the Advisory Committee to position him- be inducted posthumously into the Ala- early years, he would be on the streets self in the leadership of the opposition bama Business Hall of Fame. Marshall making personal calls to hotels and to quotas. Durbin was the sort of business vision- restaurants at 4 a.m.—calling on the The result of those months of work ary blessed with the ability to turn his chefs in person. There was a lot of com- in Washington, DC, are still felt today. dreams into the reality of accomplish- petition, and often the company that Thanks to the efforts of Marshall Dur- ments. got the business was the first one bin, Senior and those who worked with Born to O.C. Durbin and Ola Culp there. ‘‘He always tried to be the first him, no lids were imposed on poultry- Durbin February 27, 1901, in Chilton one there.’’ Mr. Marshall, Junior, is a production, and unlike King Cotton, County, AL, Marshall Durbin, Sr., very good friend of mine and we have long ago dethroned in the world mar- passed away in November 1971, leaving talked extensively about his father and ket, the poultry business has grown behind him then four brothers, five sis- his legacy over the years. exponentially. For example, when Mr. ters, a widow, a son, and what is now Another place Marshall Durbin came Durbin went to Washington to first one of the top poultry companies in the in first was in his belief that chicken battle for this cause, the United States S12456 CONGRESSIONAL RECORD — SENATE October 21, 1996 was producing 2.3 billion chickens an- tors of the Alabama Farm Bureau Fed- In fact, few people have been as in- nually, while in 1995 some 7.3 billion eration—predecessor organization to strumental in making the city of Flor- birds were produced. And over the the Alabama Farmers Federation; and ence what it is today as he has. He has years, Alabama has been the bene- vice president of the federation. been involved in virtually every orga- ficiary of much of this growth—as is Considered one of the most influen- nized effort aimed at improving the evidenced by the fact it is now the tial businessmen in the State, quality of life for its residents. He has third largest poultry-producing State Goodwyn joins the ranks of over 100 a lengthy list of leadership positions in the Nation. other distinguished corporate leaders and career positions. He has often been Even 25 years ago the relevance of in the Alabama Business Hall of Fame. called upon to serve as the president of Marshall Durbin Senior’s national pol- These previous inductees include charitable and civic organizations like icy work in the District of Columbia George Washington Carver, Winton those mentioned above. He has made was well known. As then said the ‘‘Red’’ Blount, and Aaron Aronov. his mark in business and has served his Southeastern Poultry Times, ‘‘His in- I am pleased to commend and con- family and church faithfully. fluence there was credited with helping gratulate Goodwyn Myrick for receiv- I am pleased to commend and con- to keep the poultry industry free of ing this most-deserved honor. The agri- gratulate Bill Mitchell for being in- production and price controls and cultural community of Alabama has ducted into the Alabama Business Hall today the poultry industry is among never had such a strong leader and of Fame. He continues to bring honor the remaining ‘free enterprise’ indus- loyal friend.∑ to his city and its citizens who have tries of agriculture.’’ f been the beneficiaries of his many Around the State, his efforts were years of outstanding and selfless serv- TRIBUTE TO BILL MITCHELL also well recognized, as evidenced by ice.∑ his 1969 induction in the Alabama Poul- ∑ Mr. HEFLIN. Mr. President, just be- f try Hall of Fame. And upon his death fore the sine die adjournment, the Ala- in 1971, the trade magazine ‘‘Broiler In- bama Business Hall of Fame at the REGARDING H.R. 2505 ALASKA dustry’’ drew upon the words of Ralph University of Alabama announced that NATIVE CLAIMS SETTLEMENT Waldo Emerson to best capture the in- Bill Mitchell would be one of its in- ∑ Mr. MURKOWSKI. Mr. President, dustry leaders’ accomplishments, writ- ductees this year. Bill is the retired during the closing days of the 104th ing, ‘‘if, as Emerson said, ‘an institu- president of First National Bank of Congress, I spoke many times about tion is lengthened by the shadow of one Florence, which is now SunTrust Bank. how a single Senator, with or without man,’ then Marshall Durbin, Sr., was This University of Alabama Law cause, can prevent any piece of legisla- such a man * * * he was a man who al- School graduate has spent his life serv- tion from moving forward, even if it is ways knew where he was going, and ing his community. He has served as noncontroversial. Unfortunately, this how he was going to get there—a true president of the Muscle Shoals, Ala- seems to be the case with a piece of natural leader * * *. He was one of the bama, Regional Library Board, the legislation that is very important to best integrated broiler operators in the Florence Chamber of Commerce, the me and the people of my State. United States.’’ Florence Rotary Club, and the Lauder- H.R. 2505 was passed by the House on But perhaps the final tribute to Mar- dale County Chapter of the American September 26, 1996, at that time I had shall Durbin, Senior, is that he gave Red Cross. the legislation held at the desk in the his vision the roots to continue to Bill has also been a member of the Senate and continually tried to get it grow.∑ board of directors of the Alabama passed. Unfortunately, I was told that f State Chamber of Commerce, the Ala- there was a Democratic hold on this bama Department of Archives and His- legislation and it would not be able to TRIBUTE TO GOODWYN L. MYRICK tory Board of Trustees, the University move through the Senate in the final ∑ Mr. HEFLIN. Mr. President, just be- of Alabama System Board of Trustees, hours. I am deeply disappointed by this fore the sine die adjournment, the Ala- the University of Alabama College of and am even more disturbed knowing bama Business Hall of Fame at the Commerce and Business Administra- that it was the result of a political de- University of Alabama announced that tion Board of Visitors, and the Univer- cision and not one based on substance. Goodwyn L. Myrick, the president and sity of North Alabama president’s cabi- H.R. 2505 is a bill to amend the Alas- chief executive of the Alabama Farm- net. ka Native Claims Settlement Act to ers Federation and Alfa Insurance Co., His rich heritage suits this honor make certain clarifications to the land would be inducted into the Alabama well. He still attends First Pres- bank protection provisions, and for Business Hall of Fame. byterian Church in Florence, where his other purposes. I supported all of the Goodwyn is a native of Etowah Coun- great-grandfather, a Scotch-Irish im- provisions in this package, Mr. Presi- ty, AL, where he was born in 1925. He migrant, served as pastor during the dent, and am very disappointed that it established his first dairy herd in 1944 1850’s. His grandfather served as a pro- was not allowed to move forward on with eight cows. Today, M & H Farms— bate judge, a representative in the Ala- the floor of the U.S. Senate. The great- a partnership between Goodwyn, his bama Legislature, and State tax com- est consequence the failure to pass this son, Greg, his daughter, Donna, and missioner. His father served in the legislation will have on the people of son-in-law, Tony Haynes—has over 400 State senate and as president of the Alaska will be felt most severely in the Holstein dairy cows and 700 head of Alabama State Bar. Calista region. beef cattle. It encompasses two farms Bill earned a noncombatant Bronze Section 5 of H.R. 2505 implements a and more than 2,000 acres. Star with Oak Leaf Cluster and a Le- land exchange with the Calista Cor- In 1978, he was elected president of gion of Merit award for his service dur- poration, an Alaska Native regional the Alabama Farmers Federation, and ing World War II. Before going into corporation organized under the au- is currently serving his ninth term as banking, he practiced law in Florence thority of the Alaska Native Claims president of the federation and Alfa In- from 1946 to 1958. Settlement Act. This exchange, origi- surance Co. During his tenure, Alfa has According to an Alabama Business nally authorized in 1991, by Public Law had the greatest amount of storm Hall of Fame report, the purpose of 102–172, would provide for the United losses and the greatest amount of this award is to honor ‘‘the names and States to acquire approximately 225,000 growth in its history, with $267 million accomplishments of the State’s most acres of Calista and village corporation in losses since 1978. At the same time, distinguished business leaders.’’ Bill lands and interests in lands within the it has grown by 1,000 percent. The Ala- Mitchell certainly fits this description. Yukon Delta National Wildlife Refuge bama Farmers Federation has seen its He has succeeded by following his own in southwestern Alaska. membership grow from 223,000 in 1980 advice: ‘‘Learn a lot about a lot of The refuge serves as important habi- to nearly 400,000 today. things, work hard and get to know peo- tat and breeding and nesting grounds Goodwyn’s previous positions include ple.’’ He is a living example of the wis- for a variety of fish and wildlife, in- president of the Etowah County Farm dom of that advice, for he has practiced cluding numerous species of migratory Bureau Federation; the board of direc- it and lived it throughout his life. birds and waterfowl. As a result, the October 21, 1996 CONGRESSIONAL RECORD — SENATE S12457 Calista exchange will enhance the con- with millions of other migratory birds, fish 172. As an individual with lengthy involve- servation and protection of these vital and game animals constitute the mainstay ment in the implementation of the Alaska habitats and thereby further the pur- of the region’s subsistence economy. Native Claims Settlement Act, passage of After having worked with Calista and the Alaska National Interest Lands Con- pose of ANCSA and the Alaska Na- other partners for some 10 years on the servation Act, and numerous related Alaska tional Interest Lands Conservation Yukon-Kuskokwim Delta Goose Manage- issues including efforts to achieve comple- Act. ment Plan, we are convinced that the major- tion of the Calista land exchange, I am writ- In addition to conservation benefits, ity of their stockholders fully realize how es- ing this brief letter to express my support this exchange will also render much sential the protection of fish and wildlife for actions that will further a fair and equi- needed economic benefit to the Yupik habitat through flyway-wide cooperation is table exchange that benefits both the share- Eskimo people of southwestern Alaska. to the future of their people and the wildlife holders of Calista and the conservation in- The Calista region is burdened by some that grace their lives. Through the goose terests of the Federal Government. You may management plan, and with Calista’s co- recall that for nearly eight years I was in of the harshest economic and social operation, we are achieving great success in charge of the Fish and Wildlife Service ef- conditions in the Nation. As a result of restoring seriously depleted goose popu- forts to support the Administration’s propos- this exchange, the Calista Corporation lations to healthy levels. The proposed land als under Section 17(d)(2) of the ANCSA. In will be better able to make the kind of exchange will further enhance these and that capacity, I was directly involved with investments that will improve the re- other joint efforts to conserve refuge fish many discussions in the government and the gion’s economy and the lives of the and wildlife. Native leaders in the region and villages. Yupik people. In this regard, this pro- We know that Calista has worked long and Since leaving that FWS position, I continued heard to negotiate a fair and equitable ad- vision furthers and carries out the un- having periodic involvements in Alaska mat- ministrative land exchange with the Depart- ters. I am thoroughly familiar with the ex- derlying purposes of ANCSA. ment of the Interior, but to no avail. Thus it change provision in law and the efforts made This provision, is, in part, the result appears congressional action is required to by Calista to reach accord with the Depart- of discussions by the various interested resolve the matter in a way that is most fair ment of the Interior. parties. As a result of those discus- to Calista stockholders while providing It has been my intent to write you a more sions, a number of modifications were greater protection to refuge resources of detailed analysis of the difficulties that have made to the original package of lands great state and national significance. We be- afflicted the Calista exchange and to offer offered for exchange. Chief among lieve this can be accomplished by exchanging my support for your efforts to remove major approximately 28,000 acres of surface and impediments. The suddenness of the poten- these were the addition of another 182,000 acres of subsurface estate for certain tial actions in your committee necessitate 27,000 acres of surface estate—fee and excess or surplus government properties as sending this shorter communication on the conservation easements—of village cor- P.L. 102–172 provides. With federal acquisi- subject. poration lands, as well as the Calista tion monies becoming increasingly scarce, The Calista Corporation has invested sub- subsurface estate lying underneath this seems an innovative and practical ap- stantial resources and time in their efforts those lands, and the removal of the proach to better conserve our nation’s wild- to resolve concerns within the Department Tuluksak mineralized parcel from the life heritage while helping the Calista Cor- of the Interior and to move forward with an poration and its stockholders better secure exchange that represents fairness to the cor- exchange. poration and reasonable benefits to the gov- In a last minute agreement to move their economic future. In other words, this should be a win-win solution for all con- ernment. Unfortunately, even with those the bill through the House, the total cerned. tangible and resolute overtures by Calista, value of the exchange package was re- Thank you for your leadership on this im- the exchange process never achieved the duced by 25 percent to $30 million. portant issue, Congressman Young, and for level of meaningful two-way communication Such a reduction was unwarranted and your consideration of our views. necessary to resolve serious differences in seriously undermined the utility and Sincerely, approach. Thus, although I had sincerely benefit of the provision for the public DAVID R. CLINE, hoped that a beneficial and just reconcili- and for Calista and the 12 village cor- Senior Wildlife Counselor. ation of differences would be negotiated, there has been no real progress in this mat- porations involved. I intend to do all I DUCKS UNLIMITED, INC., ter for more than a year. can to restore this value to the ex- Washington, DC, June 21, 1996. Mr. Chairman, even while we have had dif- change package next year and will call Hon. DON YOUNG, ferences through the years, each of us have on my colleagues on both sides of the Hon. GEORGE MILLER, worked in his own way for self-determina- aisle to assist in remedying this prob- Committee on Resources, U.S. House of Rep- tion, fairness and equity for the Native peo- lem. resentatives, Washington, DC. ples of your great state. I believe that Mr. President, it is time to move for- DEAR MR. YOUNG AND MR. MILLER: We are Calista has made an honorable offer of lands aware of a pending land trade between the and interests in lands that would benefit the ward with this exchange. It is my firm federal government and Calista Native Cor- long-term conservation and management of intent to see this exchange go forward poration. The area that would be acquired by the Yukon Delta National Wildlife Refuge. so that the mutual benefits to Calista the U.S. Fish and Wildlife Service in this They have sought fairness in the terms of and to conservation of the natural re- swap is land that serves as a very important the exchange, but they have been unable to sources within the region can be waterfowl breeding area for the Pacific and engage the Interior Department representa- achieved. Central flyways of North America. Substan- tives in meaningful negotiations. It appears Following are some of the letters of tial portions of the populations of several necessary and important for you to assist support from conservationist for imple- waterfowl and other bird species use the Calista toward a just exchange arrangement Yukon-Kuskokwim river delta for breeding that also provides the refuge with benefits at menting the land exchange with and as staging and stopover habitat in their a fair cost. I will strongly support actions to Calista. annual migratory cycle. accomplish those worthy goals. The material follows: I understand that you have legislation Sincerely yours, NATIONAL AUDUBON SOCIETY, under consideration that will facilitate a sit- WILLIAM C. REFFALT. Anchorage, AK, July 10, 1996. uation that allows the Fish and Wildlife Hon. DON YOUNG, Service to acquire these lands. Ducks Unlim- ANCHORAGE, AK, June 24, 1998. House Resources Committee, ited is in favor of assuring that these lands Speaker NEWT GINGRICH, Washington, DC. will be kept in a condition that will allow Rayburn House Office Building, DEAR CONGRESSMAN YOUNG: I’m writing on these birds maximum opportunity to com- Washington, DC. behalf of the National Audubon Society in- plete their life cycle needs. DEAR SPEAKER GINGRICH: I am writing to cluding its 2,200 Alaska members to support Sincerely, you in strong support of the Calista land ex- your legislative efforts to achieve a land ex- SCOTT SUTHERLAND, change in H.R. 2505 and urge that you act on change authorized in P.L. 102–172 for the ben- Director of Governmental Affairs. this measure as quickly as possible. As a efit of the Calista Corporation on the Yukon long time resident of Alaska and someone Delta National Wildlife Refuge. HERNDON, VA, September 18, 1995. concerned with conservation and sustainable Audubon recognizes the Yukon Delta Na- Hon. DON YOUNG, economic development, I cannot overstate to tional Wildlife Refuge as among the premier Chairman, House Resources Committee, you how important this exchange is—both to waterfowl production areas on the continent. Washington, DC. the people and the resources of the Calista Its wetland habitats produce an annual fall DEAR MR. CHAIRMAN: It has been brought region. flight of geese, ducks and swans that benefit to my attention that you are considering The Calista land exchange involves out- thousands of hunters and other wildlife en- early actions to further the land exchange standing fish and wildlife habitat located thusiasts throughout the Pacific Flyway. involving the Calista Regional Corporation within the Yukon Delta National Wildlife Most importantly, these waterfowl along (Calista) originally authorized by P.L. 102– Refuge (YDNWR). The Yukon Delta is one of S12458 CONGRESSIONAL RECORD — SENATE October 21, 1996 the most unique and productive delta THE CONSERVATION FUND, the Calista Land transfers authorized by ecosystems in the world. And, it is a place of Shepherdstown, WV, September 22, 1995. congress in 1991 and urge that this important my heart. Hon. TED STEVENS, measure be enacted expeditiously. Twenty years ago, I first experienced the U.S. Senate, This measure would help conserve and pro- Yukon Delta as my brother and I paddled by Washington, DC. tect critical wildlife habitat located within canoe over two thousand miles from the DEAR SENATOR STEVENS: As I understand the Yukon Delta National Wildlife Refuge Great Slave Lake in the Northwest Terri- it, you are considering legislative steps to (YDNWR) in the Calista region of Alaska. tories of Canada across the old fur-trade implement the land exchange authorized in Much of the terrain involved provides low route to the Yukon river, and then down to P.L. 102–172 for the benefit of the Calista lying coastal habitat for waterfowl, fish and the Bering Sea. To us, the Yukon Delta had Corporation and of the Yukon Delta Na- other wildlife typical of the Calista Region become an almost mythical destination. But, tional Wildlife Refuge. I am writing to you and the YDNWR. The YDNWR was estab- by the time we had reached the delta, we had to voice my support for efforts in Congress lished in 1980, pursuant to the Alaska Na- become excited about ‘‘ending’’ our expedi- to complete this exchange, which I believe tional Interest Lands Act, to protect nesting tion, sponsored by Old Town Canoe Com- would be of substantial benefit to the con- and breeding habitats for large numbers of pany, and we were eager to fly out. What we servation of wildlife refuge resources in the migratory birds. Millions of geese, duck, found there surprised and delighted both of Yukon Delta region. loons, cranes, and swans, as well as By way of background, as you may know, us—a gentle and calm beauty and abundance shorebirds and seabirds migrate to the spec- I was with the U.S. Fish and Wildlife Service neither of us had anticipated. This was, in tacular refuge every summer to breed and (USFWS) for 24 years. Three of those years our two-thousand mile journey, one of the raise their young. The wetlands that exist on were spent as the Alaska Regional Director most special places we had encountered. We these in holdings are world class and serve as of the USFWS from 1983 until 1987 and two decided to stay awhile. unparalleled habitat for many species of years as the Associate Director in Washing- birds and other wildlife. Later, as the University of Alaska’s ma- ton, D.C. Since my retirement from govern- The specific wildlife that would be pro- rine extension agent for western Alaska for ment, I have served as the Director of tected by this exchange is outstanding. For several years based in Kotzebue, I returned Science for the Conservation Fund, a pub- example, Pacific Bract, White Fronted to the area many times attempting to help licly supported non-profit organization dedi- Geese, Cackling Canada Geese and Emperor the local people develop a commercial econ- cated to advancing land and water conserva- Geese nest on the parcels in the exchange. omy. I came to realize then what I learned at tion. These birds are all ‘‘species of Concern’’ the end of our canoe expedition—that the From studying the Calista land exchange, under the Migratory Bird Treaty Act. Their highest and best use of this delta was in pre- it appears that approximately 28,000 acres of numbers have been declining precipitously. serving it intact, just as it was. fee or fee entitlement would be involved and All waterfowl in the refuge, except for the This is something that I think the local 182,000 acres of subsurface estate. Given the Emperor Geese, use the Pacific flyway, win- people came to realize long ago. Thousands nature of the lands in the Yukon Delta re- tering over at various locations along the of geese, ducks, loons, cranes, and swans, as gion, acquiring the subsurface estate as pro- U.S. West Coast and Mexico. In addition, well as seabirds and shorebirds migrate to posed will go a long way toward conserving most shorebirds nesting in the refuge also this spectacular refuge every summer to the resources of the surface estate which migrate along this flyway, wintering as far breed and raise their young. The wetlands contains critical fish and wildlife habitat in away as South America. Wintering over- that exist on the Calista inholdings within the northern sector of the Pacific Flyway. grounds are where birds spend at least half of the refuge provide critical habitat for many This is a wildlife refuge of tremendous re- their lives. Securing the stability of these species of birds, fish, and mammals, making sources clearly worthy of special conserva- waterfowl populations’ nesting and over- these areas an integral part of the eco- tion efforts. wintering grounds must remain a priority if system. Because wildlife do not often sub- The exchange would make productive and these populations are to thrive. The Calista scribe to politically constructed boundaries, creative use of certain excess or surplus gov- land exchanges would enhance this overall any consideration for conserving this ex- ernment property in exchange for lands and protection. traordinary ecosystem as a national wildlife interests in lands to be conserved. This The Calista exchange involves both surface refuge must include the Calista lands. It is seems to be a sensible approach to assist and sub-surface estates. Given the access and crucial that Calista lands be protected in a conservation while at the same time provid- other rights of the subsurface estate owner manner consistent with the management ob- ing a means to enable an Alaska native Cor- to use and otherwise disturb the surface es- jectives of the refuge. poration to serve the most populous, unde- tate, in order to adequately protect the wild- veloped and the poorest Native region in the Unlike some Alaska Native corporations, life and associated habitats, it is imperative state. This is especially true considering the it has been very difficult for the Native peo- that the subsurface estate be protected as few dimes on the excess or surplus property ple of the Calista region to translate their well. Consequently, acquisition of subsurface dollar often associated with the sale of such land endowment into financial capital that estates is crucial to carrying out the overall lands in the Federal portfolio. can be used to provide shareholder dividends purposes of the refuge. I know that it has been difficult bringing In closing, if adequately protected, the wil- and to develop real, long-term cash econo- this exchange to a successful conclusion. I mies. derness lands offered by the Calista believe, as you apparently do, that the time inholdings will create a legacy of the world Thus, the exchange proposed in H.R. 2505 is has come to resolve this in an expeditious class natural resources in the Yukon Delta somewhat sublime—surplus federal property way that is fair and reasonable for the land- National Wildlife Refuge that can be shared for conservation. It could well become the owner and for the government. As in the by anglers, hunters, boaters, ecotourists, U.S. version of the debt-for-nature exchanges past, when a process gets so bogged down for wildlife viewers and subsistence users alike. now underway between international lending whatever reason, that is it unable to deal Sincerely, institutions and third-world countries to fairly and effectively with an issue, it is SAMUEL A. CARR, Jr., preserve dwindling habitat. likely that the Congress will need to step in National Director.∑ to help achieve an equitable resolution. It This exchange, if approved, will help to f protect ancestral lands and wildlife habitat, appears that is the case here. and it will provide Calista the money with Thank you again for your consideration of ADDRESS BY AMBASSADOR RICH- which to hopefully jumpstart profitable busi- my views on this matter and I strongly urge ARD GARDNER: ‘‘FRANKLIN ROO- you and your colleagues to take action soon ness ventures elsewhere. I hope your action SEVELT AND WORLD ORDER: might also help alleviate other social prob- to implement this land exchange. Sincerely, THE WORLD WE SOUGHT AND lems in the region, such as the alarmingly THE WORLD WE HAVE’’ high rates of suicide, infant mortality, hepa- ROBERT E. PUTZ, Ph.D. titis, meningitis, tuberculosis, alcoholism ∑ Mr. KENNEDY. Mr. President, Rich- and unemployment. CALIFORNIA STATE DIVISION, THE ard Gardner, the U.S. Ambassador to IZAAK WALTON LEAGUE OF AMER- This is a chance to do something right, Spain and one of the Nation’s most re- ICA, that will be remembered as such in history. June 11, 1996. spected authorities on foreign policy, Seldom do we get such a chance. It is my sin- Hon. DON YOUNG, delivered an important address in cere hope that this exchange will be the first Chairman, House Resources Committee, Turin, Italy, last month at a con- of many, bringing conservation, social, cul- Washington, DC. ference on the legacy of President tural, and economic benefits to rural Alaska. DEAR MR. CHAIRMAN: The California Divi- Franklin Roosevelt in modern inter- I urge that you take immediate action to sion of the Izaak Walton League of America national relations. ensure that this, and many other similar ex- is a non-profit grassroots organization whose Ambassador Gardner’s address is an changes, are enacted. members are dedicated to outdoor recreation Sincerely, and the conservation and the preservation of eloquent and instructive analysis of RICK STEINER, our natural resources. On behalf of the 500 President Roosevelt’s remarkable lead- The Coastal Coalition, members statewide, I am writing to offer my ership in leading the United States out Anchorage, AK. support of legislation that would facilitate of the isolationism that marked the October 21, 1996 CONGRESSIONAL RECORD — SENATE S12459 years before World War II and his vi- ‘‘That is no vision of a distant millennium. The Charter contained eight fundamental sion of a post-war world in which na- It is a definite basis for a kind of world at- propositions: no territorial aggrandizement; tions could and would work together to tainable in our own time and generation. no imposed or undemocratic territorial achieve common security, promote That kind of world is the very antithesis of changes; sovereign rights and self-govern- the so-called new order of tyranny which the ment for all peoples; access, on equal terms, economic development, and protect dictators seek to create with the crash of a to the trade and raw materials of the world human rights. bomb. for ‘‘all States, great or small, victor or van- Ambassador Gardner also percep- ‘‘To that new order we oppose the greater quished’’; international economic collabora- tively analyzes our current efforts with conception—the moral order. . . . The world tion to secure ‘‘improved labor standards, other nations to adapt these goals and order which we seek is the cooperation of economic advancement and social security’’; ideals to the practical conditions and free countries, working together in a friend- a postwar peace assuring safety to all na- needs of the modern world. ly, civilized society.’’ tions and freedom from fear and want for all men; freedom of the seas; and, ‘‘pending the At a time when some in Congress are What prompted Franklin Roosevelt to present this ambitious vision of a postwar establishment of a wider and permanent sys- inclined to prefer isolationism and uni- world? What specific measures did he initi- tem of general security,’’ the disarmament lateral action, Ambassador Gardner’s ate to move toward that goal? What have of aggressor nations and ‘‘the reduction for address offers a compelling analysis been the results? What guidance can we find peace-loving peoples of the crushing burden that ‘‘practical internationalism’’ is in his foreign policy legacy today? One could of armaments.’’ the right approach for the future. I be- write a book about questions like these, but On January 1, 1942, the principles of the lieve that his address will be of great let me try, within the confines of one speech, Atlantic Charter were subscribed to in a doc- to suggest some answers. ument promulgated in Washington by the 26 interest to all of us in Congress and to nations allied in the struggle against the many others in the country, and I ask I believe it is fitting that we discuss such questions in Europe, and particularly in Axis powers. That document was called the that it may be printed in the RECORD. Italy. Had Roosevelt not been President of ‘‘Declaration by the United Nations’’—a The material follows: the United States, it is doubtful that the term invented by President Roosevelt. It was FRANKLIN ROOSEVELT AND WORLD ORDER: THE United States would have moved so firmly in his inspiration to propose the same term to WORLD WE SOUGHT AND THE WORLD WE HAVE 1941 to oppose the Axis powers. With a dif- describe the permanent peace organization (Address by Richard N. Gardner, U.S. Ambas- ferent President, committed to an isolation- that would be founded by the victorious al- sador to Spain, at the Conference on The ist policy, Japan might not have attacked lies at San Francisco. Roosevelt’s conception of a postwar world Legacy of FDR) Pearl Harbor; Hitler and Mussolini might order had three main elements—collective January 6, 1941: Adolph Hitler and Benito not have declared war on the United States. Europe might have lived for decades under security, economic cooperation, and human Mussolini are the masters of Western Eu- rights. Each of these elements found its way rope. Nazi armies have over-run Poland, oc- Fascist tyranny. Moreover—and this is the point I wish to into the United Nations Charter, and cupied Denmark and Norway, invaded the develop here—our postwar institutions for achieved concrete expression in global and Netherlands and Belgium, and conquered cooperation in peace and security, trade and regional institutions that remain with us France. Russia stands aside, faithful to the development, and human rights might never today. We now take these concepts so much Hitler-Stalin pact. Only England resists the have been created. for granted that it is hard to realize how rev- onslaught of Fascist tyranny, bracing itself Franklin Roosevelt was an idealist. But he olutionary they were when they were first under terrifying air raids for the expected was also, to use John F. Kennedy’s famous set forth by Roosevelt and his Administra- German invasion. description of himself, ‘‘an idealist without tion some 50 years ago. In Asia, the militarists of Japan are on the illusions.’’ He could be pragmatic—should I To begin with, collective security. Roo- march. The United States is beginning, hesi- say even Machiavellian?—in accommodating sevelt pressed a skeptical Winston Churchill tantly, to give help to England, yet the to political realities, but he remained faith- and an unconvinced Joseph Stalin to accept Lend-Lease Act has not yet passed the Con- ful to a consistent vision of the future. He the idea of a global organization to keep the gress, and the American people are over- understood only too well how hard it would peace. Churchill preferred several regional whelmingly against entering the European be to realize the kind of postwar world he de- peace organizations; Stalin probably wanted war. It is hard to imagine when or how peace scribed, but he was equally convinced of the none at all—just Big Three arrangements to and freedom can ever be restored to Europe— need to try. keep the Axis powers disarmed and accept- or the world. As Democratic Vice-Presidential candidate ance of a new Soviet Empire in Eastern Eu- In this dark moment an American Presi- in 1920, Roosevelt had campaigned, in vain, rope. dent, Franklin Delano Roosevelt, appears be- for Woodrow Wilson’s League of Nations. In But Roosevelt prevailed. His postwar peace fore the Congress of the United States. He his view, the rise of Fascism and the coming system seemed at the time a judicious blend tells the American people they face an un- of the Second World War were caused in of realism and idealism: Four so-called ‘‘po- precedented threat to their freedom. He large part by the failure of the United States licemen’’—the United States, Britain, Russia pledges all of America’s resources to the de- to join the League. He also blamed the and China—would put their forces at the dis- fense of the democracies. And he inspires his peacemakers at Versailles for failing to cre- posal of the United Nations to keep the countrymen with the following statement of ate effective international institutions to as- peace and would receive the special privilege what the historic struggle is all about: sure collective security, economic solidarity, of the veto (later these became the five Per- ‘‘As men do not live by bread alone, they and human rights. manent Members of the Security Council do not fight by armaments alone. Those who He believed that the American people with the addition of France). All UN mem- man our defenses, and those behind them would never throw their full weight into the bers large and small would undertake com- who build our defenses, must have the stam- struggle against Fascism if they saw nothing mon commitments to settle their disputes ina and courage which come from an better at the end of the road than more unre- peacefully and refrain from the threat or use unshakable belief in the manner of life which strained military competition, more of force against the territorial integrity or they are defending. The mighty action which ‘‘spheres of influence,’’ more depression and political independence of other nations. we are calling for cannot be based on a dis- Roosevelt believed that the great powers economic nationalism, more colonial aggran- regard of all things worth fighting for. should learn to live without colonial empires dizement—and more war. He was convinced ‘‘In the future days, which we seek to and spheres of influence, accepting the same that these misfortunes would inevitably re- make secure, we look forward to a world obligations of international law as smaller sult unless the United States once and for all founded upon four essential human freedoms. countries. He applied this belief to the Unit- renounced isolationism and took the leader- The first is freedom of speech and expres- ed States in Latin America just as he sought ship in constructing a new world order based sion—everywhere in the world. to apply it to the Soviet Union in Eastern on enduring moral principles. ‘‘The second is freedom of every person to Europe. As he told the Congress: ‘‘We shall have to worship God in his own way—everywhere in As he had written in the journal Foreign take the responsibility for world collabora- the world. Affairs as far back as 1928: ‘‘The time has tion, or we shall have to bear the responsibil- ‘‘The third is freedom from want—which, come when we must accept ... a newer and ity for another world conflict.’’ translated into world terms, means economic better standard in international relations.’’ understandings which will secure to every THE WORLD WE SOUGHT Should disorder threaten a sister nation in nation a healthy peace time life for its in- Thus it was that Roosevelt moved swiftly, Latin America, ‘‘it is not the right or the habitants—everywhere in the world. even before the United States entered the duty of the United States to intervene alone. ‘‘The fourth is freedom from fear—which, war, to lay the basis for American leadership It is rather the duty of the United States to translated into world terms, means a world- in a postwar peace system. In an historic associate with itself other American Repub- wide reduction of armaments to such a point meeting at sea with Winston Churchill in lics, to give intelligent joint study to the and in such a thorough fashion that no na- August 1941, the two leaders proclaimed in problem, and, if the conditions warrant, to tion will be in a position to commit an act of the Atlantic Charter ‘‘certain common prin- offer the helping hand or hands in the name physical aggression against any neighbor— ciples . . . on which they base their hopes for of the Americas. Single-handed intervention anywhere in the world. a better future for the world.’’ by us in the affairs of other nations must S12460 CONGRESSIONAL RECORD — SENATE October 21, 1996 end; with the cooperation of others we shall if one-third of the nation were ill-housed, ill- conceived without much thought to the vast have more order in this hemisphere and less clothed, and ill-fed; he now urged upon his needs of the developing countries, though it dislike.’’ countrymen the further recognition that provided a valuable framework that could An important part of Roosevelt’s concept American welfare could not be assured in a eventually be adapted to assisting them. Its of collective security was the control and disordered and impoverished world economy. founders also underestimated the require- regulation of armaments. Roosevelt was no The Second World War, Roosevelt believed, ments of postwar reconstruction in Europe believer in unilateral disarmament—one was caused in part by the wild currency dis- and Japan, which had to be dealt with need only recall his effective work as Assist- orders, mass unemployment and economic through the Marshall Plan, whose 50th anni- ant Secretary of the Navy during the First desperation that brought Hitler and Musso- versary we celebrate next year. World War and his leadership in making the lini to power. This time priority must be When Roosevelt became President, the United States the ‘‘arsenal of democracy’’ in given to laying the economic foundations of United States had only recently enacted the the struggle against Fascism. But through- the peace. And these foundations, while pre- Smoot-Hawley Tariff, the highest in its his- out his life he was a passionate supporter of serving the system of private enterprise, tory. Thanks to Roosevelt’s reciprocal trade multilateral and reciprocal disarmament could not consist of unregulated market agreements program, under which Congress under international control wherever it was forces either within or between nations. To delegated broad tariff-cutting powers to the achievable, and he looked towards a world in assure high levels of employment, growth, President, the United States was finally in a which all nations would be disarmed except trade and economic justice would require an position to work with other countries for the the ‘‘four policemen’’—whose arms would be active role by governments working together removal of trade barriers and the elimi- used only to safeguard the common security through new international organizations. nation of trade discrimination. Thus, when in accord with decisions of the Security To this end, Roosevelt first of all rejected the U.S. Congress refused to approve the Council of the United Nations. the idea of a Carthaginian peace—there were International Trade Organization, the world Although he died a few months before the to be no war reparations exacted from Ger- was fortunate to be able to fall back on a first atomic bombs were dropped on Japan, many, Italy and Japan as Stalin and others multilateral trade agreement—GATT—which he had begun to think about the terrible de- wanted. On the contrary, the vanquished as had been negotiated in 1947 under the au- structive power of nuclear weapons. A year well as the victor countries were to be given thority of Roosevelt’s trade legislation. after his death President Truman, following fair economic treatment and equal access to GATT became the instrument for 50 years of in the spirit of Roosevelt’s thinking on disar- markets and raw materials. Not only that, largely successful negotiations to reduce tar- mament, offered to turn over the then U.S. but the peoples of vanquished as well as vic- iffs and non-tariff barriers and resolve trade monopoly of nuclear weapons to the United tor countries liberated from Fascism were to disputes. Nations, if other countries would also fore- receive generous help from the United Na- In Roosevelt’s concept of postwar eco- swear their development. Stalin’s rejection tions Relief and Rehabilitation Agency nomic cooperation, the International Mone- of this proposal, known as the Baruch Plan, (UNRRA), ably led by Herbert Lehman and tary Fund, the World Bank and the Inter- set us on the path of the nuclear arms race later Fiorello La Guardia. national Trade Organization were to operate To prevent another divisive postwar argu- and opened up today’s frightening prospects as largely autonomous ‘‘Specialized Agen- ment over the repayment of war debts, Roo- of nuclear proliferation. cies,’’ loosely ‘‘coordinated’’ by the General sevelt invented the Lend-Lease program, There are those who believe that Roosevelt Assembly of the United Nations and by the which brought $27 billion in wartime aid to acquiesced in the domination by the Soviet Economic and Social Council (ECOSOC). Britain and $11 billion to the Soviet Union, Union of Eastern Europe is violation of the Other major Specialized Agencies that with nothing asked in repayment except for very universal principles he was espousing emerged as a result of Roosevelt’s leadership a few hundred million dollars representing with the founding of the United Nations. The included the Food and Agriculture Organiza- the postwar value of materials remaining at facts are to the contrary. tion, the International Labor Organization, At the Yalta Conference, Roosevelt secured the end of hostilities. Lend-Lease was truly, the World Health Organization, UNESCO, from Stalin pledges of ‘‘the earliest possible as Churchill put it, the ‘‘most unsordid act and the International Civil Aviation Organi- establishment through free elections of gov- in history.’’ zation. ECOSOC was empowered to receive ernments responsive to the will of the peo- The heart of Roosevelt’s plan for a new reports from the Specialized Agencies, to un- ple’’ (Declaration on Liberated Europe) and, world economic order lay in three new orga- dertake studies, to call conferences, and to in the case of Poland, ‘‘free and unfettered nizations—the International Monetary Fund, issue recommendations on economic and so- elections . . . on the basis of universal suf- the International Bank for Reconstruction cial questions. frage and secret ballot’’ (Declaration on Po- and Development, and the International Human rights comprised the third element land). Trade Organization. Agreement on the first The Soviet suppression of freedom in East- two of these institutions was reached at in Roosevelt’s conception of world order. ern Europe was not the result of the Yalta Bretton Woods, New Hampshire, in the sum- Roosevelt worked to establish a new and rev- Agreements—it took place in violation of mer of 1944, almost a year before the San olutionary concept in international rela- them. In the weeks before his death, Roo- Francisco Conference approved the UN Char- tions—that how a nation treated its own peo- sevelt sent a stern message of protest to Sta- ter. ple was no longer its own business alone, but lin for his failure to honor the Yalta Agree- Roosevelt and his colleagues considered or- the business of the entire international comments. But he was powerless to force the derly currency arrangements and properly munity. Thanks to Roosevelt, the United Na- Russians out of countries their conquering aligned exchange rates as basic to every- tions Declaration of January 1, 1942, spoke of armies had occupied. thing else—hence the International Mone- ‘‘human rights’’ as a fundamental objective As the historian Robert Dallek has written tary Fund which was to assure a system of of the struggle against Fascism. And it was after an exhaustive examination of the his- stable but adjustable par values, the elimi- largely due to his Administration, prodded torical record: ‘‘The suggestion that Roo- nation of exchange controls on current by private American academics and religious sevelt could have restrained this Soviet ex- transactions, and a pool of currencies that leaders, that the concept of human rights pansionism through greater realism or a could give countries time to adjust their bal- was firmly embodied in the UN Charter. tougher approach to Stalin in unpersuasive.’’ ance of payments problems without meas- Human rights meant, first of all, the rights To the same effect is George Kennan’s judg- ures destructive of their own or other coun- of peoples to self-government and independ- ment that as an aftermath of World War II tries’ economic stability. ence. Roosevelt was determined that the ‘‘no one could deny Stalin a wide military Essential to the success of the par value Second World War should put an end to colo- and political glacis on his western system, however, was the harmonization of nial empires and to the centuries-old system frontier . . . except at the cost of another national monetary and fiscal policies. The of territorial aggrandizement by victorious war, which was unthinkable.’’ original version of the White Plan was ex- powers. Finally, we have the testimony of Averell plicit in this regard—members were obliged Clark Eichelberger, the founder of the Harriman, Roosevelt’s wartime Ambassador ‘‘not to adopt any monetary or banking American Association for the United Na- to the Soviet Union: ‘‘It was Stalin’s actions measure promoting either serious inflation tions, has written of a wartime conversation which brought on the Cold War. Roosevelt or serious deflation without the consent of a with Roosevelt: ‘‘The President said that has been criticized for being taken in by Sta- majority of member votes of the Fund.’’ In when he had signed the Atlantic Charter, he lin and for unwisely trusting him. Nothing is the negotiations leading to Bretton Woods, had said we did not want more territory and more unfair. If he had failed to try, Roo- however, references to the limitation of na- that he was fool enough to mean it and sevelt would have been held responsible for tional economic sovereignty were progres- would stand by it in the future.’’ Even before the breach between us.’’ sively weakened, in deference to political re- the State Department developed its propos- Economic cooperation was the second es- alities in Britain and the United States (and als for a United Nations organization it had sential element in Roosevelt’s conception of probably other countries). at Roosevelt’s urging, started work on the world order. He was determined to put an The International Bank for Reconstruction idea of an international trusteeship system, end to the American tradition of economic and Development was mainly conceived as under which colonial territories conquered nationalism and use American power to con- an agency for postwar reconstruction. With a from the Axis powers (as well as other terri- struct a new and cooperative international relatively small amount of paid-in capital, it tories) would be administered for the benefit economic order. He had told his countrymen was to operate principally by issuing bonds of the people and advanced toward independ- that American democracy could not survive on the private capital market. The Bank was ence. October 21, 1996 CONGRESSIONAL RECORD — SENATE S12461 But Roosevelt’s conception of human operations with 10,000 soldiers and an annual Roosevelt’s ambitious hopes for the regula- rights was not limited to the self-determina- peacekeeping budget of $200 million, to 18 tion and control of armaments by the United tion of peoples. He knew too well that his- missions with 70,000 troops and a peacekeep- Nations have been frustrated by the same po- tory is studded with examples of the unholy ing budget of $3 billion. litical forces that doomed a UN peace en- alliance between nationalism and tyranny. These operations placed great strains on forcement system. We have needed to rely, And he was convinced, with Hitler’s cam- the UN’s operational capacity and even more instead, on a decentralized system of agree- paign of genocide against the Jewish popu- on the financial resources and political will ments and institutions, some inside and lation of Europe as the most recent example, of its members. The UN found itself going be- some outside the United Nations. The that violations of human rights could be a yond classical peacekeeping—men in blue START I and START II agreements, if fully prelude to aggression and a cause of war. helmets patrolling borders or otherwise su- implemented, will greatly reduce the number Thus his emphasis on individual rights as a pervising agreements to end hostilities. It of nuclear weapons, and the renewal of the postwar goal in the famous ‘‘Four Free- was now obliged to assume responsibilities Non-Proliferation Treaty will help to check doms’’ speech. Hence the unprecedented for the delivery of humanitarian relief and the spread of nuclear weapons. The Com- commitment of UN members in the UN Char- the maintenance of order in the midst of prehensive Test Ban Treaty just concluded ter to take joint and separate action in co- civil wars and even outright aggression. could also help reduce the danger of nuclear operation with the organization to promote In Somalia and the former Yugoslavia, arms development. ‘‘universal respect for, and observance of, there were large gaps between the ambitous The UN’s International Atomic Energy human rights and fundamental freedoms for Security Council mandates and the capacity Agency (IAEA) is playing a critical role in all without distinction as to race, sex, lan- of the world organization to carry them out. preventing nuclear weapons development in guage or religion.’’ The inevitable result has been disillusion- Iraq, North Korea, and other parts of the The story is told of a little girl who was ment with the UN, particularly in the United world. But still more can be done to asked to name her favorite American Presi- States. strengthen the IAEA, to reinforce the export dent and answered: ‘‘Franklin Eleanor Roo- These UN operations, as well as the crisis control efforts of the nucler suppliers club sevelt.’’ The little girl was perhaps wise be- in Rwanda, have called into question a and to combat the growing black market in yond her years. Mrs. Roosevelt undoubtedly central assumption of collective security— nuclear materials leaking from the stock- played a part in deepening the President’s the willingness of democratic countries to piles of the countries of the former Soviet commitment to human rights both at home risk casulaties in conflict situations ‘‘any- Union. and abroad. After her husband’s death, Elea- where in the world,’’ where they do not see The Chemical Weapons Convention, the UN nor Roosevelt became Chairman of the UN’s their vital interests as being at stake. efforts to eliminate the scourge of land Human Rights Commission, and presided UN peacekeeping missions will continue to mines, the Missile Technology Control Re- over the negotiation of the Universal Dec- be important in future years in helping to gime, and the post-Cocom export control ar- laration of Human Rights, which was adopt- contain armed conflcit and deliver humani- rangements to limit the spread of high-tech ed by the General Assembly in 1948. tarian aid. We need to explore practical ways conventional weapons are other elements in Mrs. Roosevelt also launched the UN on to improve the training, equipment, financ- the world’s still evolving and still inad- the drafting of the two basic human rights ing and command and control of these mis- equate efforts to limit the production and treaties—the Covenant on Political and Civil sions. The UN can also improve its capacity spread of dangerous weapons. Rights and the Covenant on Economic, So- for preventive diplomacy—working to re- Roosevelt saw the U.N. Security Council as cial and Cultural Rights. But she knew that solve conflcits before they explode into vio- the centerpiece of international cooperation drafting human rights treaties was only part lence. for peace and security. It is increasingly rec- of what was needed: ‘‘It is not just a question But the time has come to recognize what ognized that altering the structure of the of getting the Covenants written and accept- the UN cannot do. Although the UN is still Council would be desirable if it is to con- ed,’’ she used to say. ‘‘It is a question of ac- capable of traditional peacekeeping, it is not tinue to meet its responsibilities under the tually living and working in our countries capable of effective peace enforcement Charter. for freedom and justice for each human against well-armed opponents who are not The changes in power relationships in the being.’’ prepared to cooperate. This was amply dem- half century since San Francisco have led a onstrated in Somalia and by UNPROFOR’s THE WORLD WE HAVE number of countries, including the United experience in Bosnia. How did it all turn out? It is impossible to States, to propose adding Germany and For the foreseeable future, the defeat of Japan as Permanent Members, with the cre- do justice to 50 years of turbulent and com- aggression and the enforcement of peace will plex events in the brief time that remains to ation of three or four additional seats to per- have to be undertaken by U.S.-led ‘‘coali- mit more regular representation of middle me, but let me offer some very general obser- tions of the willing’’ as in Desert Storm, or vations. powers from Asia, Africa and Latin America. by NATO-led coalitions such as IFOR in So far the UN committee studying Security PEACE AND SECURITY Bonsia. These are clearly different instru- Council reform has not been able to achieve As everyone knows, the ambitious concept mentalities than Roosevelt envisaged 50 a consensus on this proposal or any other of collective security embodied in the UN years ago, but they are not inconsistent with formula for making the Council more reflec- Charter quickly collapsed with the collapse the UN Charter which he made possible. tive of contemporary power realities. What- of the wartime alliance and the outset of the That remarkably flexible instrument pro- ever emerges must maintain the effective- Cold War. It proved impossible to negotiate vides in Article 51 for the right of ‘‘individ- ness of the Security Council as the oper- the special agreements under Article 43 of ual or collective self-defense’’ and in Article ational arm of the United Nations in re- the Charter under which the Five Permanent 53 for the utilization by the Security Council sponding to challenges to international Members and others were to make units of of ‘‘regional agencies’’ for ‘‘enforcement ac- peace and security. their armed forces available to the UN Secu- tion under its authority.’’ rity Council for peace enforcement purposes. The United States and its European allies ECONOMIC COOPERATION Roosevelt’s concept of collective security are now at work in building a new security Roosevelt’s grand design for economic co- had to be implemented after his death by a architecture in Europe, which includes a new operation has stood the test of time rather different organization—NATO—conceived as and enlarged NATO, the Partnership for better than his design for peace and security, a shield against Soviet aggression. Peace program with non-NATO members, a though not without profound changes that Nevertheless, the United Nations, adjust- strengthened Organization for Security and he could not have foreseen. ing to the postwar realities, developed non- Cooperation in Europe, and a broad Charter Instead of a system of fixed but adjustable coercive peacekeeping in place of collective to govern NATO-Russian relations. A start exchange rates as conceived at Bretton security. Despite the Cold War, its men in has also been made at developing more effec- Woods, we are now in a world of floating ex- blue helmets played a vital role in contain- tive regional institutions for the peaceful change rates for the world’s major cur- ing conflict in such far-flung places as Kash- settlement of disputes and peacekeeping in rencies, occasionally producing serious vola- mir, Cyprus, the Middle East and the Congo. Latin America, Africa and Asia, although tility and exchange rate misalignment. The The Security Council and the Secretary-Gen- much more needs to be done. International Monetary Fund was never able eral served as useful resources for the peace- This is a far cry from Roosevelt’s grand de- to assume its intended role as the primary ful settlement of disputes when members had sign of collective peace enforcement by the supplier of liquidity to the world’s developed the good sense to make use of them. UN, but it is a pragmatic response in the countries, and it thus quickly lost any real As the Cold War came to an end and the light of political realities. Whether it will be influence over their monetary and fiscal Soviet Union collapsed, the United Nations enough to keep the peace in a disordered policies. When the United States suspended found itself called on to respond to an un- world will depend upon constructive behav- gold convertibility in 1971, it put the world precedented number of new conflicts, requir- ior by the five Permenent Members of the effectively on a dollar standard, and freed it- ing major operations in places like Cam- UN Security Council and by regional middle self, at least in the short and middle run, bodia, Somalia and the former Yugoslavia. powers, the willingness of the European from the necessity to balance its inter- Between 1987 and 1993, the UN undertook Union and Japan to assure greater security national accounts. more peacekeeping operations than in all the responsibilities, and most of all, on skillful Unlike the world anticipated at Bretton previous year of its history. In these six displomacy, backed by adequate military Woods, we now live in a world in which cap- years the UN went from five peacekeeping power, by the United States. ital flows have displaced trade flows as the S12462 CONGRESSIONAL RECORD — SENATE October 21, 1996 principal determinant of currency relations; that Roosevelt imagined for them in rela- lation Fund, UNICEF, and the UN High Com- more than $1 trillion of exchange trans- tions between the United States and Western missioner for Refugees, to take just some ex- actions take place every day, only about two Europe, they have nevertheless more than amples, have made notable contributions to percent of which are linked to trade in goods justified their existence in the substantial the alleviation of poverty and suffering. And and services in our highly sophisticated 24- technical aid and financing that they have the UN’s recent global conferences—the Rio hour-day global capital market, the original provided to the less developed countries. The Earth Summit of 1992, the Cairo Population IMF concept that members could regulate World Bank, moreover, became a model for Conference of 1994, the Copenhagen Social capital movements but not payments for the establishment of Regional Development Summit of 1995, the Beijing Women’s Con- current transactions has become totally ob- Banks in Europe, Latin America, Africa and ference of the same year, and the Ankara solete. Asia. And with the creation of the Inter- Human Settlements Conference of 1996—have Yet Roosevelt was right in his fundamen- national Development Association, the Bank not only raised public consciousness about tal concept that open trade relations require acquired the capability to provide large urgent global issues, they have produced ac- a measure of currency stability, and that quantities of concessional aid to the world’s tion plans that can guide us to a better world currency stability in turn requires a degree poorest nations. in the 21st century if we have the political of coordination of the monetary and fiscal More recently, with the end of the Cold will to implement them with the necessary policies of the major economic powers. So War, the Bretton Woods institutions have ac- policies and financial resources. far as the industrialized countries are con- quired yet another unexpected role—that of Despite the considerable economic cerned, the efforts for such coordination now assisting the former Communist countries of progress of the postwar years, there are still take place largely outside the Fund through Eastern and Central Europe in making the one billion people in the world living in ab- meetings of the Treasury Ministers and transition to successful market economies. ject poverty. Rapid population growth and Central Bank Governors of the Group of Roosevelt’s goal of a cooperative one-world the continued abuse of man’s natural envi- Seven (the United States, the United King- economic system including Russia, which ronment raise serious questions about the dom, Germany, France, Italy, Canada and seemed so utopian during the Cold War, has habitability of our planet for future genera- Japan). once again become a serious policy objective, tions. The practical results of efforts toward even if its achievement still faces serious ob- So the moral of this economic part of the greater international management of the stacles and uncertainties. Roosevelt story is clear. The institutions he floating rate system have been limited so far The third instrument of Roosevelt’s post- made possible, though flawed in many re- by an obvious fact of international economic war economic design—an institution for the spects, contained the capacity for adaptation life: the governments of the major economic reduction of trade barriers—has been real- to changed circumstances and established powers are not prepared to subordinate their ized in the General Agreement on Tariffs and the habits and mechanisms of international domestic policy objectives to the goal of Trade, whose eight negotiating rounds have cooperation which are essential for the reso- keeping their currencies in some agreed now brought average tariff levels in the in- lution of the huge economic problems that international alignment. dustrialized countries down to four percent, still lie ahead of us. Nevertheless, the search for greater mone- while also subjecting non-tariff barriers such HUMAN RIGHTS tary stability continues. It has enjoyed a as quotas to greater international discipline. In the area of human rights, as in the other measure of success through more limited re- The recently completed Uruguay Round was areas of Roosevelt’s postwar vision, we find gional arrangements, the leading example the most ambitious trade negotiation in his- ourselves with a half century record filled being the exchange rate mechanism of the tory, covering hitherto neglected sectors with both accomplishments and disappoint- European Monetary System. We shall soon like agriculture, textiles, services and intel- ments. see whether the more ambitious goal of a Eu- lectual property rights. One of Roosevelt’s priorities that enjoyed ropean Monetary Union with a European Half a century after FDR’s death, a world- rapid realization was that of decolonization. Central Bank and a European common cur- wide consensus is emerging on the virtues of In our disillusionment with many aspects of rency will be achieved by the target date of market economics, open trade, and private the United Nations, we sometimes forget 1999. investment, the basic principles underlying that it presided over a process that brought Like the International Monetary Fund, the the postwar economic institutions. Countries over a billion people in nearly one hundred World Bank had a very different future than containing some three billion people have countries to political independence. That the one envisaged for it by Franklin Roo- abandoned economic autarky and joined a this happened so swiftly—that it happened sevelt. The Bank’s resources were too lim- one-world economy. The Bretton Woods in- with so little bloodshed—and that the path ited to play any significant role in accom- stitutions and GATT are no longer the pre- to self-government was eased by the work of plishing its primary purpose—the postwar serve of a privileged few, but must now re- several dozen UN agencies engaged in public reconstruction of war-devastated Europe. spond to the priorities of a larger and more administration and technical assistance—all That purpose had to be assumed by the Mar- diverse constituency. This is both a measure this owed much to Roosevelt’s vision. shall Plan, in which the United States of their success and a challenge to their fu- But FDR’s commitment was to individual pumped $16 billion (the equivalent of $100 bil- ture. rights as well as to the rights of peoples, and lion in today’s dollars) into European econo- The Uruguay Round also produced a World here the record is a mixed one. On the posi- mies from 1948 to 1952, thus laying the foun- Trade Organization with an enhanced dis- tive side is the progress that has been made dation for the ‘‘economic miracle’’ of the pute settlement mechanism. Thus the plans in the United Nations in developing clear Continent in the 1950’s and 1960’s. for an International Trade Organization that human rights standards that UN members The Marshall Plan was conditioned on the were laid in the Roosevelt years have finally are supposed to respect. The Universal Dec- dismantling of intra-European trade barriers been realized—if 50 years late. Of course, the laration of Human Rights, adopted by the and on other concrete measures toward Eu- WTO still faces formidable difficulties, rang- General Assembly in 1948 as a result of Mrs. ropean economic unity. It thus led directly ing from unfinished business of the Uruguay Roosevelt’s leadership, gave eloquent defini- to the establishment of the Organization for Round to new issues like trade and environ- tion at the beginning to the political and European Economic Cooperation and paved ment, trade and workers’ rights, trade and economic rights that should be the legacy of the way for the creation of the European competition policy, and the relation of the every human being. Common Market and eventually the Euro- WTO to the multiplication of regional and The Covenants that followed—one on Po- pean Union. Some Europeans in the postwar subregional trade arrangements. litical and Civil Rights and another on Eco- years claimed that an ‘‘imperialist’’ United The comparative success of the Bretton nomic, Social and Cultural Rights—con- States had ‘‘hegemonical’’ designs on Eu- Woods organizations and GATT stands in verted the main ideas of the Declaration into rope, but it is surely a strange kind of ‘‘im- marked contrast to the relative ineffective- binding legal obligations and provided mech- perialism’’ that urges weak and divided ness of the central economic institutions of anisms to monitor members’ performances. countries to unite so that they can become the United Nations—the General Assembly Other conventions such as those on Geno- powerful economic competitors. and the Economic and Social Council. Dur- cide, Torture, Racial Discrimination, and the The strong support that the United States ing the Cold War, these institutions were Rights of the Child added to the rapidly continues to give to European efforts at eco- hampered by sterile East-West and North- growing body of human rights law that is nomic and political unity has been moti- South ideological debates. supposed to govern the behavior of nations. vated by its enlightened self-interest in hav- Moreover, the UN economic system be- But as Mrs. Roosevelt insisted at the out- ing a strong European partner with which to came a non-system afflicted by massive frag- set, the key question is what the inter- share global economic and political respon- mentation of effort, with 16 Specialized national community will do to ensure that sibilities. In a very real sense, this is a con- Agencies, 5 Regional Commissions, 6 major these fine words are actually implemented temporary expression of Roosevelt’s concept voluntary funding programs, and 105 inter- by UN members in their own countries. On of economic solidarity in pursuit of a better governmental bodies of one kind or another. this the UN started slowly. Many UN mem- world order. The New Transatlantic Agenda The restructuring of this system for greater bers, particularly those in the Communist signed at the U.S.-E.U. Summit in Madrid effectiveness is obviously now a high prior- world, Asia and Africa, did their best to last December may thus be seen as the lineal ity. make sure in the early years that the UN’s descendent of the Atlantic Charter of 1941. Yet it would be wrong to write off the UN Human Rights Commission was a toothless If the International Monetary Fund and economic institutions as total failures. The talk shop for talented lawyers and avoided World Bank were unable to play the roles UN Development Program, the UN Popu- criticism of any individual country. October 21, 1996 CONGRESSIONAL RECORD — SENATE S12463 A modest advance took place in the late have no United Nations, no International Committee. My inquiry is directed to 1960’s with the adoption of Resolution 1503, Monetary Fund and World Bank, no WTO or section 306 of the Commerce, Justice, which provided authority for the first time GATT, and no treaties embodying minimum State, Judiciary Title. that provision to investigate complaints of ‘‘a consistent standards of human rights or procedures, prohibits the use of any funds appro- pattern of gross violations of internationally however weak and tentative, to implement recognized human rights.’’ Gradually the them. We all know what these international priated in fiscal 1996, fiscal 1997, or Commission lost its inhibition against scru- institutions have failed to achieve, but how thereafter for costs related to the ap- tinizing and criticizing individual countries. much more dangerous, disagreeable and pointment of special masters in prison Still later, the Commission began to estab- hopeless our world would be without them! conditions cases prior to April 26, 1996. lish ‘‘rapporteurs’’ or expert investigators to Second, I suggest that Roosevelt’s basic That was the date when the Prison examine complaints in individual countries philosophy of practical internationalism can Litigation Reform Act, which required and in human rights areas such as summary still be a guide for mankind today, and no- that such expenses be paid from funds executions, religious intolerance, freedom of where more importantly than in the United appropriated for the Judiciary, was expression, and violence against women. States. After many years of frustrating debate, a It is the policy of the Clinton Administra- signed into law. UN High Commissioner for Human Rights tion to strengthen international institutions First, I was wondering if section 306 was finally established in 1994, with the au- for cooperative action in peace and security, is intended to operate as an exception thority to conduct investigations and bring trade and development and human rights, to the requirement of the PLRA that reports of human rights abuses to the atten- and to make use of these institutions when- expenses, costs, and compensation for tion of UN bodies. The High Commissioner is ever possible. This does not mean, in today’s special masters be paid by the courts. assisted in this work by a small UN Center imperfect world, that the United States will Mr. GREGG. No, it is certainly with- for Human Rights in Geneva, which also pro- never act except through international orga- in the discretion of the courts whether vides advisory services to governments on nizations. Our approach, as President Clin- how to implement the growing body of ton put it in his 1992 election campaign, they see a need for a special master human rights standards. must rather be, ‘‘with others when we can, and wish to assume the responsibility The collapse of Communism removed a by ourselves when we must.’’ It is a practical for such payments. core group of UN members who could be approach that FDR, that idealist without il- Mr. ABRAHAM. From the Senator’s counted on to oppose all efforts to apply lusions, would surely have understood. response, I surmise that it was not his human rights standards to individual coun- But there are some in our country who do intention in the omnibus appropriation tries in an objective and principled way. Nev- not believe in this kind of practical inter- bill to allow the courts, contrary to 18 ertheless there are still countries that claim nationalism. They think that with the Cold U.S.C. 3626(f)(4) as amended by the that many ‘‘Western’’ concepts of human War behind us there is no need to dedicate PLRA, to impose costs, expenses or rights are not appropriate for non-Western significant attention or resources to inter- societies. national affairs. And there are others who compensation amounts for special mas- It is significant that this claim was re- see the UN and other international organiza- ters appointed prior to April 26, 1996 on soundingly rejected at the World Conference tions as a threat to American sovereignty the parties to the litigation? on Human Rights in Vienna in 1993, which re- and advocate unilateral action not as a last Mr. GREGG. No, we did not intend to affirmed that human rights are ‘‘universal’’ but as a first resort. override any portion of the PLRA or and must be protected by all governments FDR knew better. He saw as far back as impose such costs on anybody else. ‘‘regardless of their political, economic and 1941 that the United States could not pursue Mr. ABRAHAM. Finally, is it envi- cultural systems.’’ its vital interests or realize its highest val- sioned under the omnibus appropria- As the massive ‘‘ethnic cleansing’’ in ues through isolation or a policy of acting Bosnia and the genocide in Rwanda have re- alone. Isolationism and unilateralism, he tion bill that special masters origi- minded us, the UN still lacks any way of pre- knew, would not be sufficient to protect our nally appointed before and subse- venting large-scale violations of human fundamental interests—not in keeping the quently reappointed after April 26, 1996 rights or even of investigating them ade- peace, not in controlling dangerous weapons, would be treated in the same fashion as quately as they occur. It will continue to not in furthering currency stability or open those appointed after that date? lack this capability until UN members agree markets, not in promoting fundamental Mr. GREGG. That is correct. to provide it with the necessary legal au- human rights. Mr. ABRAHAM. Thus if a court thority and financial resources. Were he alive today, I am confident he wants to retain a special master ap- In the meantime, we can at least take sat- would tell us that isolationism and pointed before that date and pay that isfaction at the creation of the War Crimes unilateralism would not enable us to cope Tribunals for Yugoslavia and Rwanda that with the new challenges that have emerged individual, all it need do is reappoint are investigating gross violations of inter- since FDR’s time—the destruction of the that person consistent with the PLRA. national humanitarian law after the fact. It global environment, population growth and Mr. GREGG. Yes, it is my under- remains to be seen, of course, whether the migration, international drug trafficking, standing that the interpretation of my principal perpetrators of these crimes will international crime, and international ter- colleague from Michigan of the PLRA ever be brought before these tribunals for rorism. is consistent with the omnibus appro- trial and punishment. Third, I believe this idealist without illu- priation bill.∑ It is perhaps to be expected that a univer- sions, this man whose spirit overcame the f sal body composed of governments could be handicap of a devastating paralysis, would only partially successful in implementing ask us not to abandon hope in the face of our SECTION 1102 OF THE COAST the human rights vision of Franklin and El- current disappointments, nor seek refuge GUARD AUTHORIZATION ACT OF eanor Roosevelt. Governments are the prob- from our frustrations in a cynical passivity, 1996 lem, and their commitment to human rights but to meet our daunting challenges through varies enormously in different parts of the creative and cooperative action. Mr. STEVENS. As chairman of the world. Fortunately, we can also pursue As he himself put it in the speech he was Senate Oceans and Fisheries Sub- human rights progress through regional in- preparing at the time of his death: ‘‘The only committee, I wish to comment on sec- struments (such as the European Court of limit to our realization of tomorrow will be tion 1102 of S. 1004, my bill to reauthor- Human Rights and the Organization for Se- our doubts of today. Let us move forward curity and Cooperation in Europe) and ize the U.S. Coast Guard which was re- with strong and active faith.’’ cently passed by both the House and through the growing body of non-govern- The best way we can honor his memory is mental organizations (such as Freedom to work together with that ‘‘strong and ac- Senate. House, Amnesty International and Human tive faith’’ to strengthen the institutions of Section 1102 provides funding for the Rights Watch) that are making their influ- a better world order which he has be- Prince William Sound Oil Spill Recov- ence increasingly felt at both the inter- queathed to us. ery Institute [OSRI] located in Cor- national and the country level. f dova, AK. The OSRI was created under CONCLUSIONS section 5001 of the Oil Pollution Act of Let me suggest three conclusions from this OMNIBUS APPROPRIATIONS BILL 1990 [OPA ’90] to identify the best undoubtedly imperfect effort to examine ∑ Mr. ABRAHAM. There is a section in available techniques, equipment, and FDR’s concept of world order and the extent H.R. 4278, the omnibus appropriations material for dealing with Arctic and to which it has been realized today. bill regarding which I am wondering if Subarctic oil spills and to assess the ef- First, it is clear that the institutions of global cooperation that we work with today I could seek some clarification from fects of the Exxon Valdez spill on were shaped more by Franklin Roosevelt the distinguished chairman of the Com- Prince William Sound’s natural re- than by any other individual. Indeed, it is merce, Justice, State, and Judiciary sources and on the environment, econ- obvious that without Roosevelt we would Subcommittee of the Appropriations omy, and lifestyle of its residents. S12464 CONGRESSIONAL RECORD — SENATE October 21, 1996 Section 1102 of S. 1004 amends OPA society. In an era when nearly half of Study,’’ the National Park Service in- ’90 so that the National Pollution all couples married today will see their dicated that ‘‘[i]f Nicodemus is not pro- Funds Center will make payments di- union dissolve into divorce, I believe it tected and preserved by a public or pri- rectly to the OSRI for these activities, is both instructive and important to vate entity, it seems inevitable that rather than through the National Oce- honor those who have taken the com- the historic structures will continue to anic and Atmospheric Administration mitment of ‘‘till death us do part’’ seri- deteriorate and eventually be razed.’’ or annual appropriations. The OSRI ously, demonstrating successfully the It was that finding that prompted Sen- will conduct its mission over the next timeless principles of love, honor, and ator Dole’s original legislation grant- 10 years using annual interest from fidelity. These characteristics make ing the town of Nicodemus, KS, na- $22.5 million that was transferred from our country strong. tional historic site status. the Trans-Alaska Liability Pipeline For these important reasons, I rise Senators Dole and KASSEBAUM and Fund to the Oil Spill Liability Trust today to honor Bill and Alice Wynkoop Representative ROBERTS pursued his- Fund. The initial payment to OSRI, of Aldrich, Missouri who on Saturday, toric site status for Nicodemus for which will occur within 60 days after October 26, 1996 will celebrate their years. As Kansans, they recognized the enactment of S. 1004, will include 50th wedding anniversary. My wife, that this little-known oasis of hope for the interest that has accrued from the Janet, and I look forward to the day we blacks on the long road to true emanci- date of the first transfer of funds from can celebrate a similar milestone. Bill pation was on the verge of being lost the Trans-Alaska Pipeline Fund to the and Alice’s commitment to the prin- forever to the ravages of time. Oil Spill Liability Trust Fund pursuant ciples and values of their marriage de- Progress, however, was agonizingly to section 8102(a)(2)(B)(ii) of OPA ’90. serves to be saluted and recognized.∑ slow. Familiar as I was with Section 1102 makes other changes to f Nicodemus—it is located in my old enhance the effectiveness of the OSRI. Kansas senate district—I vowed to con- CONGRATULATIONS TO LAWRENCE It reduces the size and changes the tinue the fight. Ably assisted by Janet SMITHSON CELEBRATING HIS composition of the OSRI Advisory Sena, whom I was lucky enough to 100TH BIRTHDAY Board, broadens the OSRI’s mission, briefly inherit from Senator Dole, we and allows the OSRI Advisory Board to ∑ Mr. ASHCROFT. Mr. President, I rise piggybacked our freestanding bill onto request a scientific review every 5 today to encourage my colleagues to the larger omnibus parks package to years by the National Academy of join me in congratulating Lawrence get it through the Senate and suc- Sciences to be performed by the Acad- Smithson of Chilhowee, Missouri who ceeded in incorporating it into the conference report to assure passage in the emy in carrying out section 7001(b)(2) celebrated his 100th birthday on House. of OPA ’90. Wednesday, October 16, 1996. Lawrence Now, after a long and arduous strug- The conferees intend for the Inter- is a truly remarkable individual. He gle, the fight is won and we have taken agency Coordinating Committee on Oil has witnessed many of the events that the essential step toward saving this Pollution Research (established under have shaped our Nation into the great- unique piece of American history. De- section 7001 of OPA ’90) to coordinate est the world has ever known. The longevity of his life has meant much scendants of the original Nicodemus with the OSRI and the Arctic Research settlers are convinced that historic site more, however, to the many relatives Commission in developing and oversee- status will give the town the prestige and friends whose lives he has touched ing the national oil spill research plan. necessary to raise preservation funds. I over the last 100 years. By involving these two entities, the agree. For them, and for myself, let me Lawrence’s celebration of 100 years of Interagency Committee will be able to once again offer my thanks to all who life is a testament to me and all Mis- ensure that Arctic and Subarctic pre- made the inclusion of Nicodemus pos- sourians. His achievements are signifi- vention and mitigation research needs sible.∑ are being fully identified and met. The cant and deserve to be recognized. I f Interagency Committee should include would like to join Lawrence’s many relevant recommendations of the OSRI friends and relatives in wishing him OMNIBUS PARKS BILL in its reports to Congress, and should health and happiness in the future.∑ ∑ Mr. SMITH. Mr. President, I rise to include OSRI representatives in meet- f speak in support of the Omnibus Parks ings and other activities regarding oil HEARTFELT THANKS and Public Lands Management Act, pollution. which was adopted unanimously by the f ∑ Mrs. FRAHM. Mr. President, I want Senate. This legislation contains nu- to take just a moment to extend my REGARDING S. RES. 304 merous provisions affecting 41 States heartfelt thanks to Chairman MURKOW- to preserve and protect our Nation’s ∑ Mr. LOTT. Mr. President, I would SKI, Senator JOHNSTON, and their re- scenic rivers and historic land areas. I like to make some clarifying remarks spective staffs on the Energy and Natu- am pleased that, after many days of ne- regarding the resolution recently ral Resources Committee for including gotiations, we have reached agreement agreed to by the Senate, S. Res. 304. the designation of Nicodemus, KS, as a on this important environmental legis- This resolution will approve certain national historic site in the omnibus lation. regulations to implement provisions of parks bill. Included in this comprehensive pack- the Congressional Accountability Act. During the 1870’s, Kansas was the age is legislation that Senator GREGG These regulations are approved to the scene of a great migration of southern and I introduced on August 10, 1995, to extent they are consistent with the blacks seeking their fortune in what designate the Lamprey River in New Congressional Accountability Act. In some African-American leaders de- Hampshire as part of the National Wild that regard, section 220(c)(3) of that act scribed as the ‘‘Promised Land.’’ One of and Scenic Rivers System. The Lam- allows for judicial review of negotiabil- the most important settlements found- prey Wild and Scenic River Act, S. 1174, ity issues, although it limits who may ed during that time was Nicodemus. will designate an 11.5-mile segment of seek review. Also, the term ‘‘any mat- From sod ‘‘burrows’’ carved out of the the Lamprey River as wild and scenic. ter’’ under section 220(c)(1) of that act prairie by the original ‘‘colonists,’’ Following introduction, the Senate En- clearly includes any and all petitions Nicodemus flourished into a leading ergy and Natural Resources Committee and other submissions submitted to the center of black culture and society held a hearing on the Lamprey bill, board under section 220(c)(1) of the through the turn of the century. which was later approved unanimously act. ∑ Today, a cluster of five buildings is by the committee. f all that remains of that once vibrant The history of this legislation goes community. National historic land- back almost 5 years when Senator Rud- ANNIVERSARY mark status has not halted the gradual man and I introduced the Lamprey ∑ Mr. ASHCROFT. Mr. President, fami- decay of this monument to the struggle River study bill in February 1991, lies are the cornerstone of America. of African-Americans for freedom and which was signed into law by President The data are undeniable: Individuals equality. In fact, in its report entitled Bush later that year. Once the Na- from strong families contribute to the ‘‘Nicodemus, Kansas Special Resource tional Park Service determined the October 21, 1996 CONGRESSIONAL RECORD — SENATE S12465 Lamprey River’s eligibility for the Na- and have traveled to Washington to sue for transplantation or implantation in tional Wild and Scenic Rivers System, testify on its behalf. I am extremely the United States shall register in accord- a local advisory committee was formed pleased that, at last, the fruits of their ance with the registration procedures established for drugs under section 510 of the Fed- to work with local communities, land- labor will be rewarded with the adop- eral Food, Drug, and Cosmetic Act. Such reg- owners, the National Park Service, and tion of the omnibus parks bill—one of istration shall contain the name of the per- New Hampshire’s Environment Depart- the most significant environmental ac- son, the location of its facilities, a list of the ment in preparing a comprehensive complishments of the 104th Congress.∑ types of human tissue recovered, processed, management plan. This management f stored, or distributed by such person, and a plan was completed in January 1995. brief description of the basic method or The Lamprey River management HUMAN TISSUES SAFETY ACT OF methods of processing of such tissue. plan was subsequently endorsed by the 1996 ‘‘(2) AUTHORIZED ACTIVITIES.—A person registered in accordance with paragraph (1) advisory committee as well as the local ∑ Mr. WYDEN. Mr. President, I inad- shall be deemed to be authorized to conduct governments affected by this designa- vertently neglected to ask that a copy human tissue recovery, processing, storage, tion. The primary criteria for my spon- of legislation I introduced with Sen- and distribution activities as identified in the applicable registration unless— sorship of this legislation was the sup- ators DODD and SIMON be printed in the ‘‘(A)(i) the Secretary determines, upon in- port of the local communities. After October 3, 1996, CONGRESSIONAL the towns of Lee, Durham, and spection, that such person fails to meet ap- RECORD. plicable operating standards under sub- Newmarket all voted in favor of this I request that this bill, the Human section (c); designation, it received my enthusias- Tissues Safety Act of 1996, be printed ‘‘(ii) the Secretary notifies such person of tic support. in the CONGRESSIONAL RECORD to be a determination under clause (i), advises the The Lamprey River is well deserving dated October 21, 1996. person of the steps necessary to meet such standards, and provides the person with a of this designation for a number of rea- The bill follows: sons. Not only is the river listed on the reasonable opportunity to establish compli- S. 2195 1982 National Park Service’s inventory ance with the standards; ‘‘(iii) the Secretary determines, after an of outstanding rivers, but it has almost Be it enacted by the Senate and House of Rep- resentatives of the United States of America in opportunity for an informal hearing, that been recognized by the State of New Congress assembled, the person has failed to establish compliance Hampshire as the ‘‘most important SECTION 1. HUMAN TISSUE. as provided for in clause (ii) within the appli- coastal river for anadromous fish in cable period and such failure constitutes a (a) IN GENERAL.—Section 201 of the Federal the State.’’ Herring, shad, and salmon Food, Drug, and Cosmetic Act (21 U.S.C. 321) threat to the public health; and ‘‘(iv) the Secretary suspends or revokes the are among the anadromous species is amended by adding at the end the follow- found in the river. In fact, New Hamp- authority to conduct such activities; ing: ‘‘(B) the Secretary determines, after an op- shire fishing maps describe the Lam- ‘‘(hh)(1) The term ‘human tissue’ means a portunity for an informal hearing, that such prey as ‘‘a truly exceptional river offer- collection of similar human cells which— person has failed to comply with any patient ing a vast variety of fishing. It con- ‘‘(A) is intended for use in the diagnosis, registry or other retrospective patient data tains every type of stream and river cure, mitigation, treatment, or prevention of requirement, and the Secretary suspends or a disease or condition in a human or for re- revokes the authority to conduct such ac- fish you could expect to find in New production; England.’’ tivities; or ‘‘(B) achieves its primary intended purpose ‘‘(C) the Secretary determines that such The Lamprey is approximately 60 through repair or replacement of bodily tis- miles in length and serves as the major person presents an immediate or substantial sue by structural support or cellular func- danger to the public health, and the Sec- tributary for the Great Bay, which is tion; retary suspends or revokes the authority to part of the National Estuarine Re- ‘‘(C) may have been propagated or other- conduct such activities, in which case an in- search Reserve System. The Great Bay wise processed before use; formal hearing shall be conducted within 5 Refuge is also nearby, which was estab- ‘‘(D) may be combined with substances business days of the date of such suspension lished several years ago following the that are safe under conditions of intended or revocation. use and not intended to provide a thera- ‘‘(c) OPERATING STANDARDS.—The Sec- closure of Pease Air Force Base. The peutic effect; and preservation of the Lamprey is a sig- retary may establish, after notice and oppor- ‘‘(E) includes reproductive tissue, tunity for comment, operating standards for nificant component to protecting this demineralized bone, heart valves, dura human tissue that shall be limited to the fol- entire ecosystem. mater, and manipulated autologous cells. lowing general requirements for the recov- The 11.5-mile segment, as proposed ‘‘(2) The term ‘human tissue’ does not in- ery, processing, storage, and shipment of by our legislation, has been the focus clude vascularized human organs, gene ther- human tissue. of local protection efforts for many apy, blood, soluble blood components, milk, ‘‘(1) Requirements for infection control de- years. The towns of Lee, Durham, and or products made by combining human tis- signed to prevent transmission of disease. Newmarket, local conservationists, the sue with biomaterials. ‘‘(2) Requirements for processing practices ‘‘(3) Human tissue is not a drug, biological that assure the safety of, and prevent dam- State government, as well as the con- product, or device unless reclassified by the age to, human tissue. gressional delegation have all come to- Secretary pursuant to section 352A of the ‘‘(3) Requirements for labeling and record- gether in support of this legislation. I Public Health Service Act.’’ keeping to identify the type of tissue and believe the management philosophy (b) REGULATION OF HUMAN TISSUE.—Sub- any added foreign substance and to permit adopted by the advisory committee part 1 of part F of title III of the Public tracing. best articulates our goals for this legis- Health Service Act (42 U.S.C. 262 et seq.) is ‘‘(d) LABELING AND ADVERTISING.—State- ments made in labeling, advertising or pro- lation: ‘‘* * * management of the river amended by adding at the end the following section: motional materials regarding clinical benefit must strike a balance among desires to with respect to human tissue shall consist ‘‘REGULATION OF HUMAN TISSUE protect the river as an ecosystem, only of accurate and balanced representa- maintain the river for legitimate com- ‘‘SEC. 352A. (a) SUBJECT TO REGULATION.— tions that are consistent with sound sci- munity use, and protect the interests ‘‘(1) IN GENERAL.—Human tissue shall be entific information, including current data and property rights of those who own subject to regulation under this section only from a registry required or established under if the Secretary publishes a finding in the subsection (e), if available. its shorelands.’’ Federal Register, after a hearing before the In conclusion, Mr. President, I con- ‘‘(e) REGISTRY.—A person registered under Commissioner, that voluntary regulation subsection (b) may be required by the Sec- gratulate Senate majority leader LOTT, under generally accepted scientific standards retary to maintain a patient registry or Senator MURKOWSKI and others in ne- is inadequate to protect the public health meet other retrospective patient data re- gotiating an agreement on this com- with respect to any particular type of human quirements if, after notice and an oppor- prehensive legislation. In addition, I tissue or human tissue generally. tunity for comment, the Secretary deter- commend all of the members of the ‘‘(2) EXCEPTION.—Human tissue shall not be mines that such tissue has been commer- Lamprey River Advisory Committee, subject to regulation as a drug, biological cially available within the United States for especially Sharon Meeker of Lee, who product, or device unless it is reclassified a period of less than 5 years and that such under subsection (f). served as committee chair, Judith data requirement is necessary to protect the ‘‘(b) REGISTRATION.— public health. Spang of Durham, and Richard Wel- ‘‘(1) IN GENERAL.—Any person subject to ‘‘(f) RECLASSIFICATIONS.— lington of Lee. All have worked very regulation under this section who recovers, ‘‘(1) HUMAN TISSUE.—The Secretary may re- hard on the Lamprey River legislation processes, stores, or distributes human tis- classify a particular type of human tissue as S12466 CONGRESSIONAL RECORD — SENATE October 21, 1996 a drug, biological product or device if, after (c) TRANSITION.—The requirements of the natives if high seas exchange is not notice and an opportunity for comment, the interim regulation, promulgated by the Sec- possible, will not be affected by this Secretary determines that— retary of Health and Human Services on De- amendment. I ask the Senator, is it his ‘‘(A) with respect to the particular type of cember 11, 1993, shall remain in effect until opinion that the Coast Guard will ac- human tissue— amended or withdrawn by the Secretary. ‘‘(i) the tissue is subject to a patient reg- Any modifications to such regulations after tively seek to identify alternatives of istry or other retrospective data require- the date of the enactment of this Act are which vessels may avail themselves in ment under which the collection of informa- subject to this Act and the amendments other coastal regions, and will it re- tion has been required for at least 5 years (or made by this Act. quest vessels to conduct these alter- such other time period as agreed to by the (d) EFFECTIVE DATE.—The amendment native precautions on a voluntary basis Secretary and the registered person); and made by subsection (c) shall take effect on in the new national program? ‘‘(ii) the information received from such June 30, 1997. patient registry or other retrospective data Mr. PRESSLER. As Chairman of the (e) CONFORMING AMENDMENTS.— Senate Committee on Commerce, requirement is insufficient to confirm the (1) ADULTERATION PROVISION.—Section 501 safety and clinical benefit from the use of of the Federal Food, Drug, and Cosmetic Act Science and Transportation that has such tissue; or (21 U.S.C. 351) is amended— jurisdiction of the U.S. Coast Guard, I ‘‘(B) a particular type of human tissue (A) in the first sentence by striking ‘‘drug would expect the Coast Guard to ac- should be reclassified because it presents an or device’’ and inserting ‘‘drug, device or tively seek alternatives applicable to imminent hazard to public health. human tissue’’; and ‘‘(2) UPON SECRETARIAL ACTION.—The Sec- other regions, routinely identify those retary may reclassify a human drug, biologi- (B) by adding at the end thereof the follow- alternatives to ballast exchange for cal product or medical device as human tis- ing: vessels which use the safety exemption, sue if the Secretary determines, after notice ‘‘(j) if it is human tissue and it is recovered, processed, stored, or distributed by— and encourage their use prior to dis- and an opportunity for comment, that such charging unexchanged water in the previous classification is not necessary to ‘‘(1) a registered person under section 352A of the Public Health Service Act whose fail- port of call. protect public health. Mr. GLENN. I also ask the Senator, if ‘‘(3) UPON PETITION.—The Secretary may ure to comply with standards constitutes a reclassify a drug, biological product, medical threat to public health; or he believes that the Coast Guard will device, or human tissue upon the petition of ‘‘(2) a person who is required under such keep careful records regarding the ex- the sponsor of such drug, biological product section to register but has failed to do so.’’. tent to which the safety exemption is or device, or the registered person for such (2) MISBRANDING PROVISIONS.—Section 502 utilized, under what circumstances, human tissue, if, after notice and an oppor- of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 352) is amended: and the extent to which vessels at- tunity to comment, the Secretary finds that tempt in good faith to use alternatives such reclassification is consistent with the (A) in the section heading, by striking protection of public health. ‘‘MISBRANDED DRUGS AND DEVICES’’ that may be identified? ‘‘(g) ENFORCEMENT.— and inserting the following: ‘‘MISBRANDED Mr. PRESSLER. Yes, I expect the ‘‘(1) IN GENERAL.—If the Secretary deter- DRUGS, DEVICES, AND HUMAN TISSUE’’; Coast Guard to include each of those mines that any person has violated any pro- and items in its reporting requirements, vision of this section or any regulations pro- (B) in the first sentence, by striking ‘‘drug and to include a careful assessment of mulgated under this section, and the Sec- or device’’ and inserting ‘‘drug, device or those matters in its report to Congress retary determines that the violation con- human tissue’’. so that Congress can make decisions stitutes a significant risk to the public (3) PROHIBITED ACTS.—Section 301 of the health, the Secretary may issue an order Federal Food, Drug, and Cosmetic Act (21 regarding the impact of this exemption that such person cease distribution of human U.S.C. 331) is amended by adding at the end and the need for revision of the law. tissue, or that human tissue recovered, proc- thereof the following: Mr. GLENN. As I mentioned, the essed, stored or distributed by such person be ‘‘(v) The adulteration or misbranding of Great Lakes Program currently re- retained, recalled, or destroyed. After re- any human tissue.’’. quires alternatives to ballast exchange ceipt of such an order, the person in posses- (4) SEIZURE.—Section 304 of the Federal if high seas exchange is not possible sion of the human tissue shall not distribute Food, Drug, and Cosmetic Act (21 U.S.C. 334) due to safety concerns. While these al- or dispose of the human tissue in any man- is amended ternatives are not overly onerous, I can (A) in subsection (a)(2)(D), by inserting ‘‘or ner inconsistent with the provisions of the understand industry’s concern in other order. human tissue’’ after ‘‘device’’; and ‘‘(2) HEARING.—A person subject to the (B) in the first sentence of subsection regions where the alternatives have order under paragraph (1) may obtain an in- (d)(1), by striking ‘‘or cosmetic’’ and insert- not yet been developed. formal hearing regarding the order if the ing ‘‘cosmetic, or human tissue’’. A cooperative relationship between person requests such a hearing not later than (5) INSPECTION.—Section 704(a)(1) of the the Committee of Environment and 5 days after receiving the order. If the person Federal Food, Drug, and Cosmetic Act (21 Public Works at the Committee on does make such a request within such period, U.S.C. 374(a)(1)) is amended— Commerce, Science and Transportation the Secretary shall conduct the hearing (A) in the first sentence, by inserting is crucial to the passage of this legisla- ‘‘human tissue,’’ after ‘‘device,’’ each place within 30 days after receiving the request tion and its effective implementation. I and shall issue an order not later than 15 such appears; and days after the hearing is conducted. Such (B) in the second sentence, by inserting hope that these two Committees that order shall be considered a final order of the ‘‘human tissue,’’ after ‘‘drugs,’’ each place share jurisdiction over this issue con- Secretary. such appears. tinue to work together to evaluate ‘‘(h) INSPECTION.—Each person registered f progress under the National Invasive under subsection (b) shall be subject to in- Species Act. spection under section 704 of the Federal THE NEED FOR BALLAST Mr. PRESSLER. I look forward to a Food, Drug, and Cosmetic Act. The Sec- MANAGEMENT—H.R. 4283 continued cooperative relationship be- retary may, with the concurrence of the reg- ∑ Mr. GLENN. I thank the Senator tween the two committees as well as istered person, authorize an inspection be conducted by any person specifically accred- from South Dakota for his efforts in re- with the bill author and cosponsors. ited by the Secretary to conduct such inspec- sponding to the urgent national need Mr. GLENN. H.R. 4283 includes an ex- tion under section 712 of such Act. for ballast management to prevent un- emption from the National Ballast ‘‘(i) CORD BLOOD.— intentional introduction of nonnative Management Program for crude oil ‘‘(1) IN GENERAL.—This section (including species into U.S. waters. As you know, tankers engaged in coastwise trade. provisions regarding reclassification) shall some Senators raised concerns about While the majority of this trade is con- apply with respect to cord blood to the same extent and in the same manner as this sec- the initial House-passed version of the ducted between Hawaii and Alaska, the tion applies with respect to human tissue. National Invasive Species Act [H.R. risk to receiving waters of ballast ‘‘(2) IMPLEMENTATION.—The Secretary shall 3217] because it does not give assurance water from these vessels may be sig- implement this section with respect to cord that onerous requirements will not be nificant. As the Senator knows, there blood under regulations promulgated after imposed upon vessels that exercise the is concern that fish pathogens may notice and opportunity to comment. safety exemption from national ballast have been transported to Alaskan wa- ‘‘(j) EYES.—The Secretary shall not regu- exchange requirements. This version, ters via this trade. I would hope that late eyes until such time as the Secretary makes a finding under this section that vol- [H.R. 4283], rectifies that problem. The every effort will be made to study the untary regulation under generally accepted Great Lakes Program which already baseline conditions of the Prince Wil- standards is inadequate to protect the public leaves sole discretion over safety to the liam Sound ecosystem to assure that health.’’. ship master, and already requires alter- invasive species problems in fact have October 21, 1996 CONGRESSIONAL RECORD — SENATE S12467 not been arising from this trade, and I was startled to learn that 86 percent SEC. 3 FINDINGS. will not arise in the future. of children who are privately insured Congress finds that— Mr. PRESSLER. I join the Senator in are not covered for comprehensive (1) 86 percent of children with private urging such a study.∑ well-child care. Children who receive health insurance are under-insured with re- f health coverage through the Medicaid spect to well-child care; Program are covered for a comprehen- (2) because the human brain develops rap- CHILDREN’S HEALTH INSURANCE idly until the age of 3, children need regular FOR LONG-TERM DEVELOPMENT sive array of well-child care, diagnostic assessments and treatment services screenings and follow-up care to detect neu- ACT rological abnormalities and ensure normal through the EPSDT program, yet most ∑ Mr. KERREY. Mr. President, on Sep- development; children who are privately insured do (3) regular pediatric visits enable physi- tember 30, 1996, I introduced S. 2167, the not have similar coverage. Health Children’s Health Insurance for Long- cians to provide guidance on parental activi- screenings and periodic check-ups pro- ties, such as reading, that stimulate the Term Development Act—the CHILD vide an important opportunity for phy- brain development of infants; and bill. In simple terms, this legislation sicians to ensure that a child’s neuro- (4) children deserve health care coverage will require private health plans to logical development is progressing that promotes normal brain and nervous sys- cover all necessary health and screen- along normal patterns—and to inter- tem development. ing services for infants and children vene as appropriate if it is not. SEC. 4. DEFINITIONS. through age 3. But it has a broader pur- This comprehensive approach will pose. It will close the gap between two As used in this Act: also address other problems in pedi- entities that serve America’s children, (1) BENEFICIARY.—The term ‘‘beneficiary’’ atric health care, such as ensuring that the health system and the school sys- has the meaning given such term under sec- children are completely covered for im- tem, by addressing an important tion 3(8) of the Employee Retirement Income munizations through this time period. Security Act of 1974 (29 U.S.C. 1002(8)). health risk that has implications for This coverage will counter current im- (2) CHILD.—The term ‘‘child’’ means an in- children’s education achievements and munization trends that leave 60 per- dividual who is age 3 or younger. later development. (3) EMPLOYEE HEALTH BENEFIT PLAN.— A significant body of research dem- cent of children in most States with in- complete immunizations at age 2. (A) IN GENERAL.—The term ‘‘employee onstrates that the first 3 years of life health benefit plan’’ means any employee are critical to children’s development— I should also emphasize that this bill, welfare benefit plan, governmental plan, or mentally, physically, and emotionally. by its very nature, cannot help chil- church plan (as defined under paragraphs (1), In particular, during the first 3 years of dren who are uninsured. We need to (32), and (33) of section 3 of the Employee Re- life the human brain and central nerv- pursue further legislation that address- tirement Income Security Act of 1974 (29 ous system undergo their most rapid es this important problem. In a recent U.S.C. 1002 (1), (32), and (33))) that provides or period of neurological development. study on children’s health insurance, pays for health benefits (such as provider the GAO noted that the proportion of and hospital benefits) for participants and This time period—the infant neuro- beneficiaries whether— logical risk exposure period—provides children who are uninsured—14.2 percent, or 10 million children—is at the (i) directly; both a substantial risk and an impor- (ii) through a health plan offered by a tant opportunity. If we can ensure that highest level since 1987. This decline in health plan issuer as defined in paragraph children receive the health care, children’s health insurance coverage (6); or parenting and environmental influ- has been concentrated among low-in- (iii) otherwise. ences they need during their first 3 come children. (B) RULE OF CONSTRUCTION.—An employee years, we can give our children a Mr. President, all children should health benefit plan shall not be construed to strong start in life. If, however, we ne- have health insurance that covers their be a health plan or a health plan issuer. glect their physical and mental devel- complete developmental needs. We are (C) ARRANGEMENTS NOT INCLUDED.—Such term does not include the following, or any opment during this crucial period, we the wealthiest, most powerful, and most advanced Nation on this planet. combination thereof: have lost an important opportunity to (i) Coverage only for accident, or disability But it is discouraging that we still promote learning and prevent damage income insurance, or any combination there- to brain functioning. have so far to go when it comes to car- of. Obviously, there are many influences ing for our own children. (ii) Medicare supplemental health insur- on a child’s early development, such as My friend and respected colleague ance (as defined under section 1882(g)(1) of parental influence and childrearing Senator JOHN KERRY has offered one the Social Security Act (42 U.S.C. practices, comprehensive health care, approach to this problem using sliding- 1395ss(g)(1))). environment, mental stimulation, and scale subsidies; we should explore this (iii) Coverage issued as a supplement to li- community support. As a Nation, we option and others in order to ensure ability insurance. have an opportunity and an obligation that America’s infants and young chil- (iv) Liability insurance, including general dren achieve their highest potential. liability insurance and automobile liability to provide children with a safe, insurance. healthy, stimulating environment dur- My proposal represents the first step (v) Workers’ compensation or similar in- ing their early years. This bill takes an toward this important goal—the next surance. important step toward this goal. step is health coverage for all children. (vi) Automobile medical payment insur- First, this legislation identifies a Mr. President, I ask that the text of ance. critical period in children’s develop- S. 2167 be printed in the RECORD. (vii) Coverage for a specified disease or ill- ment—the Infant Neurological Risk The bill follows: ness. Exposure Period [INREP]. Brain and S. 2167 (viii) Hospital or fixed indemnity insurance. nervous system development during Be it enacted by the Senate and House of Rep- (ix) Short-term limited duration insur- this period has a long-lasting impact resentatives of the United States of America in ance. on the child’s life. I hope that by sin- Congress assembled, (x) Credit-only, dental-only, or vision-only gling out this particular time-frame, SECTION 1. SHORT TITLE. insurance. this legislation will focus greater at- This Act may be cited as the ‘‘Children’s (xi) A health insurance policy providing tention on improving health care and Health Insurance for Long-Term Develop- benefits only for long-term care, nursing supportive services during infancy and ment Act of 1996’’. home care, home health care, community- early childhood. SEC. 2. PURPOSE. based care, or any combination thereof. Second, this bill will require private The purpose of this act is to provide health (4) GROUP PURCHASER.—The term ‘‘group health insurers to cover comprehensive insurance coverage for children during the purchaser’’ means any person (as defined in preventive and curative services Infant Neurological Risk Exposure Period section 3(9) of the Employee Retirement In- through age 3. These third-party (INREP). The INREP extends through age 3 come Security Act of 1974 (29 U.S.C. 1002(9))) and encompasses the period of most rapid or entity that purchases or pays for health payors will therefore be financially re- neurological changes in young children. benefits (such as provider or hospital bene- sponsible for the care children need to Health coverage will improve children’s fits) on behalf of participants or bene- be adequately monitored and treated health, and, through routine health super- ficiaries in connection with an employee through this important developmental vision, promote parents’ caregiving skills health benefit plan. period. through these critical years. (5) HEALTH PLAN.— S12468 CONGRESSIONAL RECORD — SENATE October 21, 1996

(A) IN GENERAL.—The term ‘‘health plan’’ physical and mental illnesses and conditions such Act (29 U.S.C. 1132(c) (1) and (2)) shall means any group health plan or individual discovered by the screening services, wheth- apply to any information required by the health plan. er or not such services are covered for par- Secretary to be disclosed and reported under (B) GROUP HEALTH PLAN.—The term ‘‘group ticipants or policyholders under the plan. this section. health plan’’ means any contract, policy, (b) EXCEPTION.—Notwithstanding sub- (c) FAILURE TO ENFORCE.—In the case of certificate, or other arrangement offered by section (a), a health plan or an employee the failure of a State to substantially en- a health plan issuer to a group purchaser health benefit plan shall not be required to force the standards and requirements set that provides or pays for health benefits provide coverage for health care and related forth in this Act with respect to health (such as provider and hospital benefits) in services that are not safe, are not effective, plans, the Secretary, in consultation with connection with an employee health benefit or are experimental. the Secretary of Health and Human Services, plan. SEC. 6. PROHIBITIONS. shall enforce the standards of this Act in (C) INDIVIDUAL HEALTH PLAN.—The term In implementing the requirements of this such State. In the case of a State that fails ‘‘individual health plan’’ means any con- Act, a health plan or an employee health to substantially enforce the standards set tract, policy, certificate, or other arrange- benefit plan may not use a service limita- forth in this Act, each health plan issuer opment offered by a health plan issuer to indi- tion, including a lifetime benefit limit, of erating in such State shall be subject to civil viduals that provides or pays for health ben- the plan to deny medically necessary health enforcement as provided for under sections efits (such as provider and hospital benefits) care and related services described in section 502, 504, 506, and 510 of the Employee Retire- and that is not a group health plan. 4 to a child. ment Income Security Act of 1974 (29 U.S.C. 1132, 1134, 1136, and 1140). The civil penalties (D) ARRANGEMENTS NOT INCLUDED.—Such SEC. 7. NOTICE. term does not include the following, or any contained in paragraphs (1) and (2) of section (a) EMPLOYEE HEALTH BENEFIT PLAN.—An 502(c) of such Act (29 U.S.C. 1132(c) (1) and combination thereof: employee health benefit plan shall provide (i) Coverage only for accident, or disability (2)) shall apply to any information required conspicuous notice to each participant re- by the Secretary to be disclosed and reported income insurance, or any combination there- garding coverage required under this Act not of. under this section. later than 120 days after the date of enact- (d) REGULATIONS.—The Secretary, in con- (ii) Medicare supplemental health insur- ment of this Act, and as part of its summary sultation with the Secretary of Health and ance (as defined under section 1882(g)(1) of plan description. Human Services, may promulgate such regu- the Social Security Act). (b) HEALTH PLAN.—A health plan shall pro- lations as may be necessary or appropriate (iii) Coverage issued as a supplement to li- vide notice to each policyholder regarding to carry out this Act. ability insurance. coverage required under this Act. Such no- (iv) Liability insurance, including general SEC. 10. PREEMPTION. tice shall be in writing, prominently posi- (a) IN GENERAL.—The provisions of sections liability insurance and automobile liability tioned, and be transmitted— 4, 5, and 6 shall not preempt a State law or insurance. (1) in a mailing made within 120 days after regulation— (v) Workers’ compensation or similar in- the date of enactment of this Act by such (1) that provides greater protections to pa- surance. plan to the policyholder; and tients or policyholders than those required (vi) Automobile medical payment insur- (2) as part of the annual informational in this Act; or ance. packet sent to the policyholder. (2) that requires health plans to provide (vii) Coverage for a specified disease or ill- SEC. 8. APPLICABILITY. coverage for pediatric care in accordance ness. (a) CONSTRUCTION.— with guidelines established by the American (viii) Hospital or fixed indemnity insur- (1) IN GENERAL.—A requirement or stand- Academy of Pediatrics or other established ance. ard imposed under this Act on a health plan professional medical associations. (ix) Short-term limited duration insur- shall be deemed to be a requirement or (b) EMPLOYEE HEALTH BENEFIT PLANS.— ance. standard imposed on the health plan issuer. Nothing in this section affects the applica- (x) Credit-only, dental-only, or vision-only Such requirements or standards shall be en- tion of this Act to employee health benefit insurance. forced by the State insurance commissioner plans, as defined in section 2(3). (xi) A health insurance policy providing for the State involved or the official or offi- SEC. 11. EFFECTIVE DATE. benefits only for long-term care, nursing cials designated by the State to enforce the Except as otherwise provided for in this home care, home health care, community- requirements of this Act. In the case of a Act, the provisions of this Act shall apply as based care, or any combination thereof. health plan offered by a health plan issuer in follows: (E) CERTAIN PLANS INCLUDED.—Such term connection with an employee health benefit (1) With respect to health plans, such pro- includes any plan or arrangement not de- plan, the requirements or standards imposed visions shall apply to such plans on the first scribed in any clause of subparagraph (D) under this Act shall be enforced with respect day of the contract year beginning on or that provides for benefit payments, on a to the health plan issuer by the State insur- after June 1, 1997. periodic basis, for— ance commissioner for the State involved or (2) With respect to employee health benefit (i) a specified disease or illness; or the official or officials designated by the plans, such provisions shall apply to such (ii) a period of hospitalization; plans on the first day of the first plan year without regard to the costs incurred or serv- State to enforce the requirements of this beginning on or after June 1, 1997.∑ ices rendered during the period to which the Act. (2) LIMITATION.—Except as provided in sec- payments relate. f tion 8(c), the Secretary shall not enforce the (6) HEALTH PLAN ISSUER.—The term requirements or standards of this Act as HONORING THE JOHNSONS ON ‘‘health plan issuer’’ means any entity that THEIR 50TH WEDDING ANNIVER- is licensed (prior to or after the date of en- they relate to health plan issuers or health actment of this Act) by a State to offer a plans. In no case shall a State enforce the re- SARY health plan. quirements or standards of this Act as they ∑ Mr. ASHCROFT. Mr. President, fami- relate to employee health benefit plans. (7) PARTICIPANT.—The term ‘‘participant’’ lies are the cornerstone of America. has the meaning given such term under sec- (b) RULE OF CONSTRUCTION.—Nothing in this Act shall be construed to affect or mod- The data are undeniable: Individuals tion 3(7) of the Employee Retirement Income from strong families contribute to the Security Act of 1974 (29 U.S.C. 1002(7)). ify the provisions of section 514 of the Em- ployee Retirement Income Security Act of society. In an era when nearly half of (8) SECRETARY.—The term ‘‘Secretary’’ unless otherwise specified means the Secretary 1974 (29 U.S.C. 1144). all couples married today will see their of Labor. SEC. 9. ENFORCEMENT. union dissolve into divorce, I believe it SEC. 5. REQUIRED HEALTH CARE COVERAGE FOR (a) HEALTH PLAN ISSUERS.—Each State is both instructive and important to CHILDREN. shall require that each health plan issued, honor those who have taken the com- (a) IN GENERAL.—Except as provided in sold, renewed, offered for sale or operated in mitment of ‘‘till death us do part’’ seri- subsection (b), a health plan or an employee such State by a health plan issuer meet the standards established under this Act. A ously, demonstrating successfully the health benefit plan shall ensure that cov- timeless principles of love, honor, and erage is provided with respect to a child who State shall submit such information as re- is a beneficiary under such plan for all medi- quired by the Secretary demonstrating effec- fidelity. These characteristics make cally necessary health care and related serv- tive implementation of the requirements of our country strong. ices, including— this Act. For these important reasons, I rise (1) appropriate screening services at inter- (b) EMPLOYEE HEALTH BENEFIT PLANS.— today to honor Andrew and Dorothy vals that meet reasonable standards of medi- With respect to employee health benefit Johnson of Kansas City, MO, who on cal and dental practice; plans, the standards established under this Wednesday, October 2, 1996, celebrated (2) all appropriate immunizations; Act shall be enforced in the same manner as their 50th wedding anniversary. My (3) necessary case management, transpor- provided for under sections 502, 504, 506, and tation, and scheduling assistance; and 510 of the Employee Retirement Income Se- wife, Janet, and I look forward to the (4) such other necessary health care, diag- curity Act of 1974 (29 U.S.C. 1132, 1134, 1136, day we can celebrate a similar mile- nostic services, treatment, and other meas- and 1140). The civil penalties contained in stone. Andrew and Dorothy’s commit- ures to correct or ameliorate defects and paragraphs (1) and (2) of section 502(c) of ment to the principles and values of October 21, 1996 CONGRESSIONAL RECORD — SENATE S12469 their marriage deserves to be saluted the commission on women, and the live on for many years. I know I speak and recognized.∑ parks and recreation committee. Addi- for literally hundreds of others in ex- f tionally, she was a State Democratic pressing my sorrow over her passing, committeewoman for Gloucester Coun- and my deep appreciation for every- CONGRATULATIONS TO FRANK ty and past chair of the Woodbury thing she did for her community. She PYTEL CELEBRATING HIS 100TH Democratic Committee. will be greatly missed.∑ BIRTHDAY Mr. President, Nancy’s contributions f ∑ Mr. ASHCROFT. Mr. President, I rise extended well beyond the realm of gov- today to encourage my colleagues to ernment and politics. She also played a TRIBUTE FOR CONNIE WOODRUFF join me in congratulating Frank Pytel major role in several charitable organi- of Kansas City, MO, who celebrated his zations. For more than 20 years, she ∑ Mr. LAUTENBERG. Mr. President, 100th birthday on Friday, October 4, was active with the Gloucester County New Jersey recently lost a remarkable 1996. Frank is a truly remarkable indi- unit of the American Heart Associa- woman, Connie Woodruff, who passed vidual. He has witnessed many of the tion, and she was chairwoman of the away on October 20. A veteran leader of events that have shaped our Nation board of the New Jersey affiliate divi- New Jersey’s African-American com- into the greatest the world has ever sion of the American Heart Association munity, she will be remembered by known. The longevity of his life has at the time of her death. Recently, she many as a friend, mentor and sup- meant much more, however, to the was named State Volunteer of the porter. And her work on behalf of the many relatives and friends whose lives Year. women of our state constitutes a per- he has touched over the last 100 years. In addition, Nancy was on the board manent legacy. Frank’s celebration of 100 years of of the United Way of Gloucester Coun- Mr. President, if Connie Woodruff life is a testament to me and all Mis- ty, and had served as former president had a motto, it was, undoubtedly, that sourians. His achievements are signifi- of the Gloucester County Visiting we make a living by what we gain, but cant and deserve to be recognized. I Nurse Association. She also volun- we make a life by what we give. And would like to join Frank’s many teered at Underwood-Memorial Hos- her life was an example of generosity friends and relatives in wishing him pital in Woodbury. and compassion which should serve as health and happiness in the future.∑ Mr. President, beyond her long list of a benchmark for all of us. In West Or- f accomplishments and contributions, ange, she was chairwoman of the Nancy Elkis was a woman of great Human Rights Commission. And she TRIBUTE TO NANCY ELKIS warmth. She really cared about other was active in the Essex County ‘‘Stamp ∑ Mr. LAUTENBERG. Mr. President, a people, especially her own family. But Out Hate’’ campaign, sponsored by the few days ago, New Jersey lost a very her love of others extended to her en- American Jewish Committee. She was special woman and I lost a good friend tire community, and she continually appointed to various commissions by when Nancy Elkis passed away. was looking for ways to help others in six governors, including the state’s Mr. President, few people in New Jer- need. Commission on Judicial Review and sey have touched more lives, or made a Mr. President, I attended a memorial the New Jersey Martin Luther King greater contribution to their commu- service for Nancy yesterday, and was Commemorative Commission. Gov- nity than Nancy Elkis. Nancy was a struck by the exceedingly large num- ernor Whitman also appointed her an woman of amazing energy and incred- ber of people who attended. The chapel Essex County Tax Court Judge. ible warmth. Over the years, she in- was literally overflowing. People re- Over the years, Connie served on the volved herself in a very broad range of counted stories of how Nancy had board of more than 20 organizations, civic and philanthropic initiatives, and helped them over the years and each including the NAACP, the Urban held a variety of positions of respon- one was a memorial to a service she League of Essex County Guild, The sibility in government and community performed. Nobody could come away Leaguers, Newark YMWCA and New organizations. Yet throughout her life, from that service, Mr. President, with- Jersey Cities in Schools. For several Nancy always was able to find the time out appreciating just how deeply years, she was chairwoman of the Uni- to help people on an individual basis. Nancy was loved and respected versity of Medicine and Dentistry of And, quietly and with little fanfare, throughout her community, and how New Jersey’s Board of Concerned Citi- she improved the lives of countless many lives she touched. zens. numbers of others who were in need. Mr. President, I have a special per- Mr. President, although everyone in Mr. President, Nancy Elkis was the sonal connection to Nancy Elkis be- New Jersey benefited from her compas- first woman elected to the Woodbury cause her daughter, Karin Elkis, is the sion and caring, she will be especially City Council, and she served as a coun- director of my Barrington, NJ, office. missed by the women of our State. cilwoman for 22 years. Although she And as I attended yesterday’s memo- During her 20 years with the Ladies was a Democrat in an area of the city rial service, I came to appreciate more Garment Workers Union, she battled to dominated by Republicans, she won the than ever how Karin’s boundless en- improve the working conditions for respect of her constituents and her col- ergy and tremendous warmth—and her thousands of workers, mostly women. leagues because of her unselfish, caring deep commitment to her family and Later, she was an adjunct professor of attitude, and her dedication to her her community—is a reflection of her labor studies at Rutgers-Newark, be- community and the public interest. own mother. It would be hard to find fore moving on to Essex County Col- On the city council, she was espe- two more special people, Mr. President. lege, where she spent the last 10 years cially active in overseeing the city’s And if there is a personal testament to of her career in education. At ECC, she water department, and she continually the kind of person Nancy was, it is was credited with helping to turn the worked to ensure that the city’s water Karin along with her three other chil- dream of a Women’s Center into re- quality remained high. She also was dren. ality. The Center’s Director has re- vice chair of the Gloucester County Mr. President, I want to express my marked that Woodruff’s life was dedi- Housing Authority. In that capacity, appreciation for the contribution cated to helping women become per- she came down to Washington regu- Nancy Elkis made to her community sonally and financially self-sufficient. larly to discuss our State’s housing and our State and offer my deepest She also established the Connie Wood- needs, and we talked often. In all of condolences to Karin, her father, Pres- ruff Nursing Scholarships at Essex those visits, it was obvious that Nancy ton, her sisters, Lisa and Emily, her County College. cared deeply about publicly assisted brother, Tony, Nancy’s mother, Irene Mr. President, Connie Woodruff housing, and was motivated by a deep Zibelman, and the other members of served 16 years as chairwoman of the commitment to improving the lives of Nancy’s family. Although their loss is New Jersey Commission on the Status residents. painful, I know they will be nourished of Women, and she won two terms as Nancy also was a member of the by their wonderful memories of Nancy. president of the National Association county economic development commit- Mr. President, Nancy Elkis was an of Commissions on Women, becoming tee, the human resources committee, uncommon person whose legacy will president emeritus by acclamation. S12470 CONGRESSIONAL RECORD — SENATE October 21, 1996 As a writer for the City News, one of of their endeavors. Small businesses this cross-subsidization does not exist. the most important voices of the Afri- recognize the important work of many As businesses point out, rather than can-American community in New Jer- nonprofits. They are partners with enabling nonprofits to serve the needy sey, she married her special wit and nonprofits. Indeed, while their con- for which an exemption is warranted, biting insight into all the black politi- tributions are not often publicized in the exemption enables nonprofit travel cal players. And she was one of the the Conference Board, the U.S. Small and tour promoters to tap and main- most astute political minds I have ever Business Administration has deter- tain access to the high-end, most lucra- known. mined that small firms are the largest tive part of the market—the segment Mr. President, New Jerseyans will contributors to nonprofits on an em- with the greatest disposable income, miss Connie Woodruff’s scholarship and ployee-by-employee basis. Small firms the greatest number of professionals, leadership, and I will also miss her also do not fear competition from tax- and the highest component of educated friendship. Countless individuals were exempt organizations, any more than customers. When this competition oc- helped by her and touched by her. And they do from large firms, foreign firms, curs, there is a distinct and quantifi- she made a difference in the lives of or any other entity. They embrace able competitive advantage nonprofits thousands of ordinary people. A cham- competition as a necessary part of enjoy from total relief from the income pion for women’s rights, human rights their daily routine. tax. and civil rights, Connie Woodruff But what small businesses do resent, Mr. President, for these reasons, the proved that good and great can exist in however, is competition where one Senate report which accompanied the appropriations bill for the Treasury, the same individual.∑ party has been given an unfair advan- Postal Service and General Govern- f tage. And the competitive playing field between small firms and nonprofits has ment Appropriations Subcommittee, directed the IRS to review this situa- UNFAIR NONPROFIT COMPETITION not been level for some time. Today, tion. Action on this issue is requested ∑ Mr. SHELBY. Mr. President, lan- nonprofits make extensive use of privi- by Congress. It is being requested by guage included in the Senate report of leged franking on mail, and they often the U.S. Small Business Administra- the Subcommittee on Treasury, Postal cross-subsidize their travel activities tion. It is sought by the IRS field Service and General Government ap- using capital acquired for other pur- propriations, and included by reference agents. And last but not least, it is poses. And last but not least, when urged by the millions of small busi- in the fiscal year 1997 Omnibus Appro- they directly compete against small priations bill, directs the Department nesses that suffer from unfair competi- firms they frequently enjoy the largest tion. of the Treasury to review the problem benefit taxpayers can bestow upon The letter follows: of unfair nonprofit competition with them—complete absolution from the small firms. The language also directs U.S. SMALL BUSINESS ADMINISTRATION, income tax. Washington, DC, June 27, 1996. the Treasury to take ‘‘steps, if nec- Mr. President, my concerns and the Re unrelated business income tax travel and essary, to develop regulations clarify- concerns expressed by this Congress tour-related services—need for clarifica- ing the substantially related test as it are not new. Congress has tried to ad- tion. applies to tax-exempt travel and tour dress this concern of unfair competi- Hon. DONALD C. LUBICK, activities.’’ I want to speak briefly to tion in the past. Indeed, more than 45 Acting Assistant Secretary for Tax Policy, U.S. the need for such regulatory clarifica- years ago, the Congress passed what is Department of the Treasury, Washington, tion. known as the unrelated business in- DC. Mr. President, the travel and tour income tax, which taxes income that is DEAR ASSISTANT SECRETARY LUBICK: This dustry in this Nation is comprised pre- office has heard from numerous small busi- not substantially related to the tax-ex- ness groups for more than a decade about the dominately of the smallest entre- empt’s mission. And, in 1986, the Su- problems that taxpaying small businesses preneurial firms—tour operators and preme Court in U.S. v. American Bar have when they are in competition with tax promoters, travel agents, hotel and Endowment, 477 U.S. 105, reiterated that exempt organizations. As you know, resolv- motel owners, bus owners and opera- ‘‘[t]he undisputed purpose of the unre- ing this issue was a recommendation of the tors. Small businesses that organize lated business income tax was to pre- White House Conference on Small Business tours, small businesses that conduct vent tax-exempt organizations from and, we believe, the intent of the unrelated tours, and small marketers that sell business income tax (UBIT) was to maintain competing with businesses whose earn- an equitable business environment when tax- tours combined comprise one of the ings were taxed.’’ exempt organizations produced income from largest sectors of our economy. Al- However, growth in the number of activities that are beyond the activities on though not often thought of as such, nonprofits, an increased emphasis on which their exemption status is based. Most these entrepreneurs are vital exporters. commercial as opposed to donative recently, a concern has been expressed with- By providing a large flow of service to sources of revenue, and most impor- in the travel and tourism industry (an indus- foreign visitors they constitute one of tantly, a paucity of guidance over what try made up predominantly of small businesses) that the line has become so imprecise the most successful exporting blocs in is meant by substantially related have that their industry is being damaged. They the United States. They export Amer- combined to make that standard vir- fear that the area will be regulated or is ica and an understanding of America, tually meaningless. being regulated in a manner which prevents from the national parks to our many The Congress is not alone in its con- their participation in the regulation drafting other great attractions. cern over the failure of the law to pre- process. We share their concern. Mr. President, I raise these points vent unfair competition. Even the IRS I am writing to urge the Treasury Depart- not only to recognize the immense size ment to incorporate a rule-making into the itself believes the substantially related 1997 IRS Business Plan that would clarify and contribution of this industry, but standard, without adequate definition, the ‘‘substantially related’’ test for purposes to help us appreciate how important it is virtually unenforceable. And equally of determining unrelated business income is to ensure that our policies support important, the U.S. Small Business Ad- arising from the travel and tour activities of and nurture a vibrant, competitive ministration believes that guidance is tax-exempt entities. A regulation would pro- travel and tour industry. To an in- necessary. I offer for inclusion in the vide guidance where there is little existing guidance and would address an important, creasing extent these small businesses RECORD a recent letter sent by the SBA persistent and growing concern of small have been besieged by a source of un- chief counsel to the Department of the businesses over an issue of fundamental fair- fair competition from nonprofit organi- Treasury urging a regulation. ness. It would raise additional revenue zations, who now comprise more than For many small tour operators, the through greater compliance in an area of 10 percent of our GDP. Some of the Na- discernible distinction between their known non-compliance, and standardize in- tion’s wealthiest tax-exempt organiza- activities and that of the nonprofit is consistent application of the law by clarify- tions have discovered that travel and not in the markets they serve or in the ing a hazy area of the law. tour activities, albeit primarily a com- services they market, but rather in the As you know, whether or not income from a commercial travel and tour activity by a mercial venture, are an easy way to inexplicable and unjustifiable distinc- university, a museum or other nonprofit is supplement income. tion that, on the income predicted, one taxable depends upon whether or not the ac- Now, Mr. President, small businesses pays taxes and the other does not. And tivity is ‘‘substantially related’’ to the orga- support nonprofits in financing many to make matters worse, a rationale for nization’s exempt function. October 21, 1996 CONGRESSIONAL RECORD — SENATE S12471 Unfortunately, the inherently subjective ity to be exempt. However, the industry tells even save Federal resources by eliminating nature of the ‘‘substantially related’’ test, us that the subjective nature of the criteria the need for extensive audits with limited difficulties in its administration, and ex- gives a little reliable guidance for determin- guidance and negative and inconsistent tremely limited guidance have contributed ing when commercial tours and travel will be court rulings that may result from inad- to a perception of fundamental unfairness by taxable. It is in the resulting gray area that equate guidance. Indeed, it is our under- the small business community, particularly most of the commercial activity is currently standing that guidance has also been rein the travel industry. This helps to explain undertaken. Despite substantial increases in quested by the nonprofit community in order why the issue rose to such prominence in the tax-exempt travel and tour activity and to alleviate increased audit activity. 1995 White House Conference on Small Busi- greater commercial character of that activ- We understand that the Treasury, in its ness (and, for that matter, in the 1986 White ity, the tax treatment of such activity re- proposed 1997 business plan will be focusing House Conference on Small Business). Rath- mains largely undefined, fueling the percep- on several issues affecting nonprofits. We er than enabling nonprofits to serve tradition of unfairness and increasing overlap in would welcome your including the regu- tional educational tour markets for which the travel and tour activities conducted by latory guidance under the ‘‘substantially re- exemption is appropriate, small businesses both sectors. lated’’ test—already identified to be of complain that this exemption has Guidance in the form of a regulation, with central concern to small businesses—as one emboldened tax-exempts to maintain and ex- examples, would better define the contours of the priorities under that plan. pand into those market segments with the of the ‘‘substantially related’’ test and fill highest disposable income, the largest num- these gaps. Promulgation of a proposed regu- The Office of Advocacy, and specifically ber of professionals, the most educated cus- lation will ensure that the issue is framed in Russ Orban of my staff, would welcome the tomers, and the least need for tax exemp- terms of the central focus of the debate—the opportunity to work with you, and would be tion. application of the UBIT to what are essen- pleased to discuss how such a regulation Under current guidance, Technical Advise tially commercial travel and tour activities. might be fashioned. Memoranda or Private Letter Rulings, the A rulemaking will attract the greatest level Sincerely yours, Service has a fairly well established set of of factual input from both the for-profits and JERE W. GLOVER, criteria under which it has found such activ- nonprofits. Moreover, a rulemaking may Chief Counsel. ∑ October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1931 EXTENSIONS OF REMARKS

PRESIDENTIAL AND EXECUTIVE Mr. Speaker, the bill this House passed on LIGHTFOOT and Mr. TOM COBURN concerning OFFICE ACCOUNTABILITY ACT the 24th would have made it clear that such the relocation of the Federal Communications people are to be considered special govern- Commission into the Portals Building, in HON. JOHN L. MICA ment employees. Under that bill, they would Washington DC, and enter into the RECORD a OF FLORIDA have been subject to conflict-of-interest rules letter from the Administrator of General Serv- IN THE HOUSE OF REPRESENTATIVES and financial disclosure requirements. It would ices Administration about this issue. In addi- have prevented future abuses. But those pro- Monday, October 21, 1996 tion to summarizing the court proceedings visions have been stripped from the bill we will which ruled that GSA reinstate the space pro- Mr. MICA. Mr. Speaker, it is appropriate that pass today. When the next Congress con- curement and proceed with the planned move as one of its last actions this historic 104th venes, I will again introduce legislation to for the FCC into the Portals, the Administrator Congress will pass the Presidential and Exec- make future Harry Thomasons accountable to of GSA details the costs associated with any utive Office Accountability Act. In one of its the American people. delay in the move. first legislative actions, this Congress took the Another key provision of the House-passed ADMINISTRATOR, unprecedented step of making itself subject to bill that is not found in the version passed by GENERAL SERVICES ADMINISTRATION, the same laws that govern private citizens and the Senate required the President to appoint a Washington, DC, October 7, 1996. businesses. Now, this legislation, which I intro- chief financial officer for the Executive Office Hon. ROBERT KERREY, duced, will make the White House obey those of the President. The chief financial officer, Ranking Minority Member, Subcommittee on laws, too. which is found in other agencies throughout Treasury, Postal Service, and General Gov- When the President signs this bill, the last the Government, would review and audit the ernment, Committee on Appropriations, U.S. plantation where American civilians toil beyond White House's financial systems and records. Senate, Washington, DC. the reach of some of the basic labor and em- The Travelgate, Filegate, and hearings related DEAR SENATOR KERREY: I am writing to ex- ployment laws imposed on private enterprise press my most serious concerns regarding to other White House scandals highlighted the the delay of the consolidation of the Federal will have fallen. As a result of the Congres- shortcomings in this White House's financial Communications Commission (FCC) at the sional Accountability Act and this legislation, responsibility. Portals Complex in Washington, DC. This the political branches of government will be re- We will need to strengthen this law during move was the subject of colloquies on the quired to wrestle with the same knotty prob- the 105th Congress. During our hearings last floors of the House and Senate on September lems that private businesses face every day. year, we learned that the White House's finan- 28, 1996, and September 30, 1996, respectively. They will face compliance with the same laws cial operations lacked structure, so we could Because I do not believe the colloquies re- and edicts imposed on all Americans. not achieve accountability. Sometimes, the flected critical pertinent information, I Make no mistake, Mr. Speaker, the bill we White House paid for equipment it no longer would like to request that this letter be are passing today is not nearly as strong as needed. Other times, it paid for items that added to the RECORD. The Court of Federal the bill this House passed by a vote of 410 to Claims issued a specific ruling on this mat- were never delivered. These hearings also re- ter that was upheld by the U.S. Court of Ap- 5 on September 24, 1996. It has been wa- vealed other egregious examples of waste and peals. Furthermore, a delay of the FCC’s re- tered down in a number of areas, mostly as a abuse because accounting controls were so location will cost the Government over $19 result of administration pressure. Unlike Con- poor the White House Communications Agen- million annually in rental costs. gress and the private sector, the White House cy recently had $14.5 million in unvalidated It is in the best interest of the Federal will have the option of following the Federal obligations. The Department of Defense's in- Government to consolidate the FCC at the sector version of some of these employment spector general reported that the Agency paid Portals complex for the following reasons: laws. That is, rather than obey the same law only 17 percent of its bills on time, so tax- 1. The Federal courts instructed the Gen- as the legislative branch and American busi- payers got stuck for penalties and interest on eral Services Administration (GSA) to award a lease at the Portals for the FCC, and GSA nesses, the President may take advantage of the other 83 percent of its obligations. has complied with their instructions. special variations of those laws that apply to The House-passed bill also included provi- 2. GSA signed a 20-year firm-term lease the executive branch. sions, advanced by Government Management, with Portals to consolidate the FCC head- Some very important provisions have been Information, and Technology Subcommittee quarters. If the FCC is not relocated to Por- stripped altogether. One was a long overdue Chairman Representative STEPHEN HORN and tals, it will cost the Federal Government revision of the definition of ``special govern- Representative CHARLES BASS, that would more than $19 million annually for each year ment employee.'' These special government have placed an inspector general in the White that the space remains vacant, with no re- employeesÐwho often serve without payÐare House. The White House opposed this provi- sulting benefits. subject to conflict-of-interest statutes and fi- sion, even though other Government agencies 3. The FCC is currently located in seven locations in Washington, DC. This has resulted nancial disclosure requirements. Such checks must comply. If you can believe it, Mr. Speaker, the same in increased operating costs. Relocation to a on the activities of volunteer advisers to the consolidated site will eliminate this costly President and White House employees are in- people who put a bar bouncer and political and undesirable condition. dispensable for safeguarding the integrity of trickster in charge of White House personnel 4. The FCC’s current space requirements governmental processes and decisions. Yet security insisted that they do not need to meet are consistent with their space in the Por- ambiguities in existing law were exploited by the same oversight standards as the rest of tals Complex. the Clinton White House and Justice Depart- the Government. With the gross mismanage- 5. The Federal Government will pay $31.99 ment and lack of accountability that we have per rentable square foot (rsf) ($38.47 per occu- ment to hold that Harry Thomason, whose piable square foot (osf)) for the FCC lease questionable activities have been documented uncovered in this White House, I can assure you that I will pursue these matters vigorously consolidation. This is below the amount au- in the Committee on Government Reform and thorized by the Congress ($32.30 per rsf). In Oversight's report on the Travelgate scandal, in the next Congress. addition, this is at the low end of the rental was not a special government employee. f range in Washington, DC, which is $29 to $40 1 The President needs his personal and con- RELOCATION OF THE FEDERAL per rsf. fidential advisors, but the American people COMMUNICATIONS COMMISSION need to hold such people accountable. Harry 1 Note: GSA utilizes two space measurements in Thomason and other political operatives used lease prospectuses, occupiable and rentable square this White House like a personal office annex. HON. ELEANOR HOLMES NORTON feet, (osf) and (rsf), respectively. OSF is a national OF THE DISTRICT OF COLUMBIA standard for GSA, and is the space which is avail- He should have been accountable to the eth- able for use by an agencies personnel or furnishings IN THE HOUSE OF REPRESENTATIVES ics laws, conflict of interest, and other meas- excluding hallways, restrooms, and vertical penetra- ures that ensure the integrity of the highest of- Monday, October 21, 1996 tions such as elevators and stairwells. RSF is usually a larger area than osf, and is calculated by fices in the land. These abuses must be Ms. NORTON. Mr. Speaker, I would like to measuring from inside wall to inside wall excluding stopped. speak in regard to the colloquy between Mr. any vertical penetrations.

∑ 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. E1932 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 6. Both the House and Senate Public Works TRIBUTE TO THE 1996 INDUCTEES This year, Joseph Coccia, Jr., will be hon- Committees authorized the consolidation of TO THE ENTREPRENEURSHIP ored with this award. Mr. Coccia was born in the FCC headquarters, indicating congres- HALL OF FAME Newark, NJ, to Italian immigrant parents, in sional support for the project. the midst of the Great Depression. He was Since 1987, the General Services Adminis- HON. WILLIAM O. LIPINSKI educated in the public school system until he tration (GSA) has attempted to consolidate OF ILLINOIS entered the Army in 1951 and served his the FCC headquarters from dispersed loca- IN THE HOUSE OF REPRESENTATIVES country in the Korean war. tions in Washington, DC. On July 9, 1987, After returning from Korea with an honor- GSA submitted a lease prospectus totaling Monday, October 21, 1996 able discharge in 1953, he married his child- 260,416 osf for the FCC headquarters. The pro- Mr. LIPINSKI. Mr. Speaker, I would like to hood sweetheart, Elda Soriano. Together, the spectus was authorized by the House Com- pay tribute to an outstanding achievement by Coccias have five wonderful children. mittee on Public Works and Transportation a select group of Chicago area business peo- In 1961, Mr. Coccia opened his own real es- on September 23, 1987. ple. I am proud to salute the entrepreneurs tate agency and developed it into a successful Subsequent to the approval of the lease and founders of small and medium sized busi- and prosperous enterprise. Mr. Coccia was so prospectus, the FCC’s space needs grew be- nesses on their induction to the 12th Annual grateful for this success, he felt compelled to cause of new programs such as the Cable Tel- Entrepreneurship Hall of Fame, which was share his prosperity with the community by do- evision Consumer Protection Act of 1992. As held on Thursday, October 10, 1996, in Chi- nating both time and money to various local a result of this growth, GSA canceled the cago, IL. charities and organizations. lease procurement on February 10, 1992. At The Institute for Entrepreneurial Studies in For example, Mr. Coccia is an energetic the time of the cancellation, GSA had se- the College of Business Administration at the supporter of local law enforcement. He was lected Parcel 49C Limited Partnership (Por- University of Illinois at Chicago cofounded and the nucleus of a successful fundraiser to pur- tals) as the successful offeror. The Parcel 49C sponsored the Entrepreneurship Hall of Fame chase 144 bulletproof vests for the Kearny Po- Limited Partnership sued GSA because of honoring outstanding business leaders whose lice Department. In 1979, in recognition of his the canceled lease procurement. On February spirit helps keep America's business commu- generosity, he was awarded a Silver Honorary 28, 1994, the Court of Federal Claims ruled in nity strong and vital. In addition, I would like Membership in PBA Local 21. He was the first favor of 49C Limited Partnership, and re- to commend the many cosponsors in the busi- civilian in 70 years to receive this award. turned the lease procurement to the point ness community who have lent their consider- Mr. Coccia is also a charter member and prior to lease award. In response to GSA’s ar- able prestige and resources to making this hall past president of the Kearny, NJ, Chapter of gument that resolution was necessary to ac- of fame a success. UNICO National, as well as past national commodate the FCC’s space needs, the Fed- Today I would like to congratulate these president of UNICO. As the national president, eral Circuit ruled specifically that resolicita- business leader inductees, each of whom is he pioneered programs designed to assist the tion was not in the public interest and would listed below, for using their imaginations to mentally disabled and was the recipient of the ‘‘result in further, unnecessary expenditures foster an excellent program which enhances Dr. Anthony Vastola MedalÐthe highest honor of Government resources,’’ and that the ex- the quality of higher education and under- awarded by UNICO. Mr. Coccia was also hon- isting award could accommodate the FCC’s scores the value of entrepreneurship in Amer- ored by the former Consul General of Italy for prior and future space needs. GSA appealed ica. his invaluable assistance following cata- the ruling, and on August 1, 1994, the United The 1996 inductees include: Melvina strophic earthquakes in Italy during the late States Court of Appeals for the Federal Cir- Bechina, Thomas Burrell, Michael T. Clune, 1970's. cuit upheld the Court of Federal Claims rul- Philip J. Cooper, Walter G. Cornett III, Patrick Today, Mr. Coccia serves as secretary for ing. J. Evans, John S. Gates, Jr., Emilio Gervilla, the New Jersey Cavaliere Association, trustee On August 12, 1994, GSA awarded a lease to Hossein Jamali, Francois Sanchez, James for the Catholic Youth Ministries, a member of Parcel 49C for 260,416 osf, consistent with the Hanig, Letitia Herrea, Joe Jemsek, Edward the Board of Governors at West Hudson Hos- fiscal year 1988 lease prospectus and in ac- Kaplan, Leonard H. Lavin, Michael Levy, San- pital, president of the West Hudson/South Ber- cordance with the court ruling. GSA nego- dra Goeken Martis, William Merchantz, Ralph gen Chamber of Commerce and member of tiated a second lease reflecting the FCC’s ex- G. Moore, David W. Mulligan, Christopher C. the Marconi Fraternal Association. panded requirement. This second lease would Multhauf, Irv Shapiro, Joe Silverberg, Gene Joseph Coccia is truly deserving of this dis- only be effective, following the approval of Silverberg, Richard A Stein, Shari K Whitley, tinguished award, Mr. Speaker. I ask my col- the Public Works Committees of the House and Phil Yeager. leagues to rise in recognition of the vast array and Senate. On September 23, 1994, GSA sub- Mr. Speaker, I would like to personally com- of contributions that Mr. Coccia provides to mitted a lease prospectus for 545,076 osf to mend these entrepreneurs who have been our community, in the Eighth Congressional meet the entire estimated FCC requirement. such an inspiration in my community. District of New Jersey. The House Committee on Public Works and f f Transportation, and the Senate Committee on Environment and Public Works, author- TRIBUTE TO JOSEPH COCCIA, JR. IN HONOR OF HERBERT ized 450,416 osf for the FCC headquarters on STOKINGER September 26, 1994, and October 10, 1995, re- SPEECH OF spectively. HON. WILLIAM J. MARTINI HON. JOSEPH P. KENNEDY II Because of the unacceptable cost implica- OF NEW JERSEY OF MASSACHUSETTS tions of not moving the FCC to the Portals, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES we are continuing to explore alternative methods of paying for the FCC’s relocation Friday, October 4, 1996 Monday, October 21, 1996 costs. It may well be that we can reduce the Mr. MARTINI. Mr. Speaker, I rise today to Mr. KENNEDY of Massachusetts. Mr. costs of moving and of fitting out the Por- pay tribute to Joseph Coccia, Jr., the recipient Speaker, I am pleased to rise today in honor tals Complex, and we will work with the FCC of the 1996 Italian Tribune News Columbus of an outstanding citizen from the State of to try to reduce those costs while making Day Community Service Award. Mr. Coccia Massachusetts, who is deserving of our con- sure that the FCC can function effectively at will receive the award from the executive di- gratulations on the forthcoming celebration of the Portals. GSA will report back to the rector of the annual celebration. his 90th birthday. Subcommittee when the new Congress con- As we all know, Mr. Speaker, Christopher Herbert G. Stokinger has been an outstand- venes. Columbus crossed the Atlantic Ocean in ing and dedicated resident of Milton, MA. For If you have any questions, please have a search of a New World. Columbus' exploration the past 66 years he has been devotedly mar- member of your staff contact Mr. David represented a service to the world far greater ried to his lovely wife Esther and is a member Bibb, Deputy Commissioner, Public Build- than he ever knew. He discovered a New of the Milton Academy Class of 1924, and ings Service, on (202) 501–1100. World which would eventually evolve into the Boston College Class of 1928. Sincerely, world's greatest democracy. Herbert was director of Milton Academy DAVID J. BARRAM, Each year, the Italian Tribune News rewards Boys' Sports and Physical Education, from Acting Administrator. a deserving individual with the Columbus Day 1928 through 1971. He was the coach of var- Community Service Award, in recognition of sity football, basketball, and baseball, and has Columbus's service to humanity. been inducted into the Massachusetts Football October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1933 Coaches Hall of Fame. Stoky believed that UMATILLA BASIN PROJECT have an interest should not be viewed as un- every student should participate to the highest COMPLETION ACT cooperative. By removing sections from the bill level of their ability and insisted upon the im- that pertain to the districts, we would be left portance of fair play and good sportsmanship. HON. WES COOLEY with an unbalanced, unworkable solution that His outstanding values and compassion have OF OREGON would not solve the complex problems in the influenced countless Milton Academy grad- IN THE HOUSE OF REPRESENTATIVES Basin, or provide long-term stability for all who live there. uates, such as myself. Monday, October 21, 1996 Even more troubling than the Clinton Admin- Herbert has continued to show remarkable Mr. COOLEY of Oregon. Mr. Speaker, over istration's threatened veto over a procedural dedication, vigor, and commitment to Milton the course of the last year, I have worked dili- technicality, are some of the statements that Academy and the town of Milton. I join all the gently to resolve long-standing water disputes have been made since the bill failed to pass. friends of Herbert G. Stokinger, as we cele- in the Umatilla Basin of northeast Oregon. These statements argue that the districts' fail- brate his 90th birthday and recognize this fine With the help of Senator HATFIELD, affected ir- ure to compromise was responsible for the individual who has touched the lives of so rigation districts in the Basin (the districts, the bill's inability to win Administration support. many. Confederated Tribes of the Umatilla Indian Nothing could be further from the truth. Reservation (the Tribes), and the State of Or- Once again, I would point out the progress f egon (the State), we were able to fashion a we have made in the last year. What once compromise which struck the delicate balance was a bill that only contained boundary adjust- TRIBUTE TO JAMES COLLINS between environmental enhancement and the ments upon enactment for the four districts, needs of the local economy. However, this eventually contained provisions that first, au- consensus could not have been reached if all thorized $64 million for construction of Phase HON. SAM FARR sides were not willing to compromise. Be- III of the Umatilla Basin Project; second, au- cause of this, I am somewhat puzzled by re- thorized $6.5 million for the Tribes' share of a OF CALIFORNIA cent statements that place the blame for the joint City of Pendleton/Tribes' water storage IN THE HOUSE OF REPRESENTATIVES bill's failure on the irrigation districts. facility; third, authorized $500,000 for develop- H.R. 2392, my bill to adjust the boundaries ment of a water management plan, and a Monday, October 21, 1996 for the four irrigation districts in the Umatilla ground water/surface water model of the Basin, has undergone many changes in the Umatilla Basin; fourth, authorized $400,000 Mr. FARR of California. Mr. Speaker, I rise past year. The original draft of the bill would annually for the operation of Phases I, II, and today with great sadness at the recent passing have simply adjusted these boundaries upon III; fifth, required that the Secretary of the Inte- of my good friend, James Collins. Jim, who enactment. However, it has always been my rior enter into negotiations with the State of was a member of the Salinas City Council, intention to listen carefully to all members of Oregon to determine the Tribes' water right died recently from complications caused by the community in the hopes of ultimately claim; sixth, required the districts to donate cancer. He was 66. crafting a proposal which has unanimous sup- 6,500 acre feet of water for environmental en- For much of the past 20 years Jim has loy- port. So, when the Confederated Tribes of hancement until a portion of Phase III is built ally and faithfully served the people of his Umatilla Indian Reservation (the Tribes) raised large enough to exchange 90 cubic feet per concerns about the need for a continued com- hometown of Salinas. He is remembered by second; and seventh, required a NEPA study mitment to environmental enhancement, and a to be conducted prior to the adjustment of the myself and colleagues as an active and de- new NEPA study prior to boundary adjust- voted public servant with a keen sense of districts' boundaries. ment, I added those provisions to the bill. Many of these provisions, particularly num- humor that often lightened tense debates. His The compromise agreed to by the Tribes, bers 6 and 7, constitute substantial movement devotion to education and public service was the districts, and the State of Oregon would on the part of the districts, and should not be unequaled. make the boundary adjustments contingent discounted in the rush to lay blame on any Jim was born in Santa Rosa and moved to upon completion of a NEPA study and ap- one party. Salinas, CA, where he lived for 60 years. He proval of the Secretary of the InteriorÐa major I still maintain that the only way to address attended the public schools in Salinas and concession on the part of the districts who the Umatilla Basin's long-standing water is- graduated from San Jose State University in were seeking long-term stability. In addition, I sues is to work together in a cooperative ef- added language that requires the districts to 1962. He taught physical education at local fortÐsomething I felt was accomplished this donate 6,500 acre feet of water per year for public schools in the Salinas Valley for 23 year. Although I will not be returning for the environmental enhancementÐas their interim years. 105th Congress, I hope that my successorÐ contract requiresÐuntil a portion of Phase III whoever it may beÐbuilds upon the agree- He was first appointed to the Salinas City of the Umatilla Basin Project large enough to ments reached in the last year, and helps to Council in 1975 and remained there until 1983 exchange 90 cubic feet per second is com- foster long-term stability for the environment when he stepped down. He ran again for elec- pleted and operational. These provisions were and the local economy in the Umatilla Basin. tion in 1989 and remained on the council until added in a good faith attempt to address the f his death. Jim served as mayor pro-tem four concerns of the Tribes. times and sat on numerous committees and Unfortunately, despite the agreement of all HONORING HOUSTON’S FIREFIGHTERS boards throughout Monterey County. He was affected interests in the Basin, the Clinton Ad- the chairman of the Monterey-Salinas Transit ministration threatened to veto the bill. They wanted to alter the bill so that the Secretary of Board, and was a member of the Fort Ord HON. KEN BENTSEN the Interior had full discretion to not only ad- Reuse Authority. He was also a member of OF TEXAS just the boundaries, but to alter the size of the IN THE HOUSE OF REPRESENTATIVES the California Rodeo Board for 30 years. new boundaries. In short, they wanted the au- Jim's commitment to the youth of Salinas thorization to do something for which they are Monday, October 21, 1996 was unsurpassed. He coached dozens of already authorized, but have failed to accom- Mr. BENTSEN. Mr. Speaker, I rise today to youth teams and spent many years officiating plish. The Administration wanted more spend- join Sigma Gamma Rho Sorority, Incor- at high school football and basketball games. ing authority without addressing the basic porated, Gamma Phi Sigma Chapter, in honor- He was instrumental in creating the Breadbox issue of boundary adjustments. In short, they ing Houston's firefighters for their outstanding Recreation Center for youth and he also wanted to have their cake and eat it too. I service to our community. The chapter will helped to establish the Police Athletic League. could not support a change that would render honor Houston's firefighters at their 16th an- the status quo. nual Status of Women Luncheon on October Jim Collins' commitment to the city of Sali- The compromise reached by all of the inter- 26, 1996. nas was commendable. He will be remem- ests in the Umatilla Basin would have suc- We seldom think of firefighters unless we bered by his family and all of the citizens of ceeded because each of the parties had an hear a screaming siren or see the flashing Salinas for his 15 years of public service to economic stake in seeing that the other par- light of a fire engine. But the fact that we don't the community. My thoughts and prayers re- ties' objectives were attained. The districts' op- often think about firefighters is a testament to main with his family on his passing. He will be position to the Administration's request to ne- how well they do their jobÐwe comfortably go sorely missed by all of us. gate the one section of the bill in which they about our everyday lives because we know E1934 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 that these dedicated people stand ready to re- Mr. Speaker, I rise today to honor Raymond On October 16 of this year, the Hillcrest spond quickly and effectively in an emergency. Testa for his tremendous contributions in the Educational Centers, Inc., dedicated two stu- Much of firefighting is undramaticÐkeeping field of microbiology and for being a compas- dent dormitories in Lenox, MA, in Mr. Dellea's equipment in condition, teaching fire preven- sionate human being. name. The Hillcrest Educational Centers is a tion, anticipating causes of fire. But a life-and- f nonprofit residential treatment facility for death emergency is always only a 911 call abused children from around the country. Dur- away, and firefighters and their families live TRIBUTE TO OUR LADY OF THE ing his long tenure as a member of Hillcrest's with that constant risk. For that we say thank RIDGE VOLLEYBALL CHAMPIONS Board of Directors, Mr. Dellea has always you. worked hard to ensure that the children at Hill- I salute the Houston firefighters honorees HON. WILLIAM O. LIPINSKI crest receive the best care possible. It is fitting who have served the community so well: OF ILLINOIS that he is being honored in this way for his Clifford J. Thompson, Willie S. Bright, Milton IN THE HOUSE OF REPRESENTATIVES many years of dedication and compassion. Alfred, Samuel Kemp, Willie D. Cooper, Walter Mr. Speaker, I am sure that I speak on be- Monday, October 21, 1996 T. Brooks, James Johnson, Jr., Rudolph Cline, half, of everyone who has ever worked with Aaron Bernard, Otis L. Burns, Edward Jack- Mr. LIPINSKI. Mr. Speaker, I rise today to Mr. Dellea or benefited from his good works, son, Bricey Childress, James Perry, James pay tribute to an outstanding group of when I offer my warmest congratulations. Haekney, Larry Kaperhart, Albert D. Robinson, volleyball players in my district. This special f Sr., Julio Terry, Charles Wheeler, Herb group of players are students at Our Lady of Kimbrel, Otis Jordan, Chief Hershel Julian, the Ridge High School in Chicago Ridge, IL. TRIBUTE TO BARBARA AND DAVID Thomas E. Patterson, Ozell Love, Robin Allen, What makes this group stand out and shine is DANBOM Annette Thomas, Maria Jordan, Capt. Gary that when other schools were out for the sum- Cooper, Chief John Mayes, Wilmer Mon- mer, this group of players extended their sea- HON. SAM FARR mouth, Jr., Robyn Waller, and Frank Jackson. son into late June and captured their pro- OF CALIFORNIA Again, I would like to congratulate and thank gram's first national title. This is truly a mo- IN THE HOUSE OF REPRESENTATIVES mentous triumph and I am very proud to rep- the Houston firefighters and the men and Monday, October 21, 1996 women who have dedicated themselves to resent such a fine group of young women in serving others and keeping our city safe. Congress. Mr. FARR of California. Mr. Speaker, I rise f This year's Amateur Athletic Union Junior today to recognize a remarkable couple who National Volleyball Championships were held have served and protected ocean waters and TRIBUTE TO RAYMOND TESTA in Des Moines, IA, on June 21±25. This year, resources. They are impressive figures who a division was started which included have served the local economy as well as the HON. WILLIAM J. MARTINI volleyball players ages 10 years and younger. local environment, both being strong partici- OF NEW JERSEY The division was created to allow younger pants in the fishing industry. I am proud to an- IN THE HOUSE OF REPRESENTATIVES players to compete in the national competition. nounce that Barbara and David Danbom have This year 10 young ladies from last season's been named `Òcean Heroes'' in conjunction Monday, October 21, 1996 fourth grade team received maximum benefit with the Smithsonian Institution's Ocean Plan- Mr. MARTINI. Mr. Speaker, I rise today in from the exposure. et exhibition now on display in San Francisco. recognition of an outstanding member of the The team was led by tournament MVP Jes- Barbara and David are among a group of 10 Young Italian (Athletic, Cultural, Educational, sica Strama and All-Americans Kellie and individuals and families on the west coast who Social/Service) Club of UNICO NationalÐRay- Katie Pratl. Additionally, Elizabeth Rutan, Cori have been bestowed with this honor. The mond Testa. Omiecinski, Megan Liston, Laura Dirschl, and Danboms, the only commercial fishing family Mr. Speaker, for the past 7 years, UNICO Katherine Casey played an important role in among those honored, have fished out of has been sharing fellowship, support, benevo- their aggressive floor play during the game. Moss Landing, CA, for over 30 years. Those lence, friendship, and hope with those less for- Stefanie Krawisz and Lauren Uher were top in selected for the `Òcean Hero'' honor were tunate. It provides a living example of what the their field for their outstanding serving ability chosen for their outstanding work in protecting Roman Statesman Seneca meant when he during the game. The Our Lady of the Ridge ocean waters and resources. wrote ``that whenever there is a human being, team was coached by Milena Strama and Ron The Danboms are well known for the top there is an opportunity for kindness.'' Pratl. The team ended its season with an im- quality frozen troll kings they process aboard Mr. Raymond Testa is an ideal example of pressive 77±23 record. Finally, the team could their boat the Vega II: they are one of the few the type of person that UNICO represents. He not have come as far as they did if it were not at-sea salmon freezing operations along the graduated from Providence College in 1959 for their many sponsors and supporters from California coast, serving an upscale restaurant with a bachelor of arts degree in biology and the parish community of Our Lady of the chain in southern California. As impressive as a minor in chemistry. After working for his fa- Ridge. As the team coach Ron Pratl said, their business operation has been, their dedi- ther in his wholesale fruit and produce store in ``There was a team of supporters that made it cation to a sustainable fishery has been even Waterbury, CT, Raymond decided to attend possible for us to get here, and then there more notable. Dave Danbom, was a member graduate school. He enrolled in Syracuse Uni- was the team that won the gold. My hat goes of the first California Citizens Advisory Com- versity and received a master's degree (1964) off to all of them.'' mittee on Salmon & Steelhead Trout formed in followed by a doctorate degree (1966) in Mr. Speaker, I am very proud to have such 1970; and has served briefly on the committee microbiology, with a minor in biochemistry. a fine group of players and supporters in my when it was reestablished in 1984. In the years since his graduation, Raymond district. This group of hard working young Dave Danbom was also a founding director has been involved in fermentation yield im- volleyball players are truly an inspiration and I of the Pacific Coast Federation of Fishermen's provement, biosynthesis, and in vitro and in am pleased to be given the opportunity to Associations and vice president for 9 years. vivo evaluations of new antibiotics for medical honor their hard work today. An early proponent of California's commercial and agricultural uses. Furthermore, he is the f salmon stamp, in 1982 Danbom instigated the coauthor of numerous publications, has deliv- expansion of that highly successful program, ered notable presentations at national and TRIBUTE TO EUGENE A. DELLEA which is now the State's single largest source international conferences and is the co-inven- of dollars for salmon restoration. He currently tor of many patents related to new antibiotics HON. JOSEPH P. KENNEDY II sits on the committee overseeing the expendi- and their utility. He is presently the section di- OF MASSACHUSETTS ture for monies from that fund. In 1983 Dave rector of infectious disease research. IN THE HOUSE OF REPRESENTATIVES was a ``Highliner of the Year'' recipient, the Furthermore, Raymond is a family man and fishing industry's highest award. He was the civic leader. He has been active in numerous Monday, October 21, 1996 first salmon troller appointed to a seat on the organizations, including past president of the Mr. KENNEDY of Massachusetts. Mr. Pacific Fishery Management Council, serving Society for Industrial Microbiology and Chair of Speaker, one of the pleasures of serving this two terms. the Cedar Grove Advisory Council. Finally, great body, is the opportunity to recognize out- Barbara Danbom, an accomplished vessel along with his wife Carmel, Raymond is ex- standing individuals from across the Nation. It skipper and fisherman in her own right, works pecting his second grandchild at the beginning is with great pride that I rise to congratulate alongside husband Dave during the fishing of October. Eugene A. Dellea of Massachusetts. season. In the off season she tends to much October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1935 of the business and correspondence while your Task Force is that it offers a forum in stitution reports that Rep. Boehlert attended Dave is in meetings. Her support has made it which members with widely varying views on an environmental protest rally on the Cap- possible for Dave Danbom to dedicate as environmental and regulatory issues can itol steps and ‘‘joined in the chant ‘Stop the learn from each other in an atmosphere of rollback. Free the planet.’ ’’ much time as he has to the betterment of the mutual trust and respect. Rep. Boehlert has We enthusiastically applaud the efforts fishery. poisoned that atmosphere. made by the 104th Congress to reform our na- In recent years the Danboms worked with On August 13 during the Republican Na- tion’s disastrous command-and-control envi- myself and my predecessor to this office, now tional Convention, Rep. Boehlert was the ronmental policies. Given Rep. Boehlert’s ac- White House Chief of Staff, Leon Panetta, for featured guest at a Sierra Club fundraising tions outlined above to stymie those efforts the establishment of the Monterey Bay Na- reception at the Harbor Island West Hotel in and to defeat those who support them, we re- tional Marine Sanctuary, which stretches from San Diego. The Sierra Club presented him spectfully suggest that it is inappropriate for with their ‘‘highest award for elected offi- San Luis Obispo County to Point Reyes and him to serve as co-chairman of your Task cials.’’ In his remarks, Rep. Boehlert con- Force on the Environment, a position of is managed out of both Monterey and San cluded by telling the audience that a ‘‘clean- great responsibility that gives him power to Francisco. er, healthier, safer environment is what I am control what environmental legislation can The Danboms' devotion to the preservation working for. That is what you are working come to the floor. of ocean waters and resources is exemplary. for, and we are partners.’’ We are enclosing relevant supporting ma- It is an honor to have David and Barbara Rep. Boehlert’s partners at the Sierra Club terials. We look forward to working with you Danbom on the Central Coast of California. I are doing something else besides working for to address these concerns. a cleaner, healthier, safer environment. They know I am speaking for the residents of the Sincerely yours, are also engaged in a massive effort to ‘‘take Malcolm Wallop, Chairman, Frontiers of 17th District when I say that we are proud of back the Congress,’’ which their president, Freedom; Paul M. Weyrich, President, Free Barbara and David Danbom. Adam Werbach, recently described as ‘‘the Congress Foundation. f worst Congress ever, period.’’ The political Joseph M. Phillips, Director, Federal Af- director of the Sierra Club, Daniel J. Weiss, fairs, National Rifle Association I.L.A.; Den- SIERRA CLUB’S ANTI-GOP EF- has described their election strategy as a nis Hollingsworth, Director of Natural Re- FORTS ASSISTED BY REP. BOEH- ‘‘multi-million dollar educational cam- sources, Riverside County Farm Bureau; LERT paign.’’ Of 131 House and Senate candidates Peter T. Flaherty, Chairman, Conservative officially endorsed by the Sierra Club in the Campaign Fund; Amy Moritz, President, Na- current issue of Sierra magazine, seven are tional Center for Public Policy Research; HON. WES COOLEY Republicans. The challenger is endorsed in Carol W. LaGrasse, President, Property OF OREGON Georgia’s sixth Congressional district. FEC Rights Foundation of America, Inc.; Nancie IN THE HOUSE OF REPRESENTATIVES reports in July show that in the current G. Marzulla, President and Chief Legal Coun- Monday, October 21, 1996 election cycle the Sierra Club had contrib- sel Defenders of Property Rights. uted a total of $8,500 to four Republican can- Morton C. Blackwell, Republican National Mr. COOLEY of Oregon. Mr. Speaker, dur- didates and $85,162 to 47 Democratic can- Committeeman for Virginia; David ing my tenure in Congress, I have been as- didates. In addition, the Sierra Club reported Ridenour, Director, Environmental Policy tounded by the intensity of partisan political spending $168,454 in independent expendi- Task Force; Chuck Cushman, Executive Di- activities by national environmental groups. tures during last winter’s special Senate rector, American Land Rights Association; The Sierra Club has clearly been among the election in Oregon on behalf of Ron Wyden. Fred L. Smith, President, Competitive En- Similar independent expenditures are terprise Institute; Margaret Ann Riegle, most partisan and politically active of all these planned for the fall campaign in many races. Chairman, The Fairness to Landowners Com- groups. Media packets distributed by the Sierra mittee; Jeffrey P. Harris, Exec. Director, Na- According to the Federal Election Commis- Club at their San Diego fund-raiser viciously tional Coalition for Public Lands and Natu- sion's records from July 1995, the Sierra Club and unfairly lambasted Congressional at- ral Resources. has contributed a total of $8,500 to four Re- tempts to reform and improve federal envi- Met Johnson, Executive Director, Western publican candidates for Congress and $85,162 ronmental laws and attack you personally in States Coalition; G. Ray Arnett, President, to 47 Democratic candidates during the cur- the most outrageous terms (as do Sierra Arnett & Associates; David B. Howard, Presi- Club fundraising letters). Immediately be- rent election cycle. The September/October dent, Land Rights Foundation; The Honor- fore their fund-raiser, Rep. Boehlert’s part- able Donald Amador, Commissioner, OHMVR 1996 issue of Sierra magazine reported the ners at the Sierra Club sponsored a protest Div., Calif. Department of Parks and Recre- group had endorsed 131 candidates for House rally and walk along the harbor in San Diego ation; Douglas Domenech, Executive Direc- and Senate. Not surprisingly, only 7 of these to ‘‘take back the Congress.’’ One protester tor, Madison Project; Kathleen Marquardt, were Republicans. carried a homemade banner that depicted a Chairman, Putting People First. Moreover, during last winter's special U.S. bulldozer driven by you with the words ‘‘Pri- Dr. S. Fred Singer, President, Science and Senate race in my State, the Sierra Club re- vate Property Rights’’ emblazoned on the Environmental Policy Project; The Honor- ported spending $168,454 in independent ex- blade. Underneath were the words ‘‘Stop able Wes Cooley, Member of Congress, Or- penditures on behalf of Democratic nominee GOP Terrorism’’ with a swastika drawn in- egon, Second District; Karen Kerrigan, side the O in GOP. President, Small Business Survival Commit- RON WYDEN. Many similar independent ex- It should also be mentioned that Sierra tee; Clark L. Collins, Executive Director, penditures are currently underway throughout magazine featured Representative Richard Blue Ribbon Coalition; Henry Lamb, Exec. the Nation. Pombo, the other co-chairman of your Task Vice President, Environmental Conservation I was dismayed, but not surprised, to learn Force on the Environment, as its first ‘‘Eco- Organization; Thomas A. DeWeese, Presi- that Representative SHERRY BOEHLERT, co- Thug of the Month.’’ It has also featured at dent, American Policy Center. chairman of the Speaker's Task Force on the least five other members of your Task Force David M. Rothbard, President, Comm. for a Environment, has aided and abetted the Sierra as Eco-Thugs of the Month: Representatives Constructive Tomorrow; Bruce C. Grefrath, Billy Tauzin, Andrea Seastrand, Nathan Washington Representative, National Club in its efforts to defeat Republicans this Deal, Helen Chenoweth, and Jimmy Hayes. Inholders Association; Y. Leon Favreau, November. Consequently, I signed the follow- In addition, the Sierra Club has officially en- President, Multiple Use Association; Caren ing letter along with many other free market dorsed the opponents of two other members Cowan, Executive Director, New Mexico and conservative groups asking the Speaker of the Task Force’s Steering Committee, Wool Growers Inc.; William T. Riley, North- to discipline Representative BOEHLERT for his Representatives James Longley and Brian west Council of Governments; Robert L. unforgivable actions. I urge my colleagues to Bilbray. Gardner, President, Curry County Oregon read this letter and learn more about Rep- The Sierra Club is not the only radical or- Project. ganization Rep. Boehlert has been working Edmund Peterson, Chairman, Project 21; resentative BOEHLERT's efforts to help the Si- with to thwart Congress’s environmental re- William E. Theis, Steering Committee, Stop erra Club elect a Democrat majority in Con- form efforts. In a January 30 letter to the Taking Our Property; Jack E. Phelps, Execu- gress. legislative director of the Natural Resources tive Director, Alaska Forest Association; SEPTEMBER 16, 1996. Defense Council thanking NRDC’s staff for Helen A. Baker, Director, Women For Cali- Hon. NEWT GINGRICH, their help, he wrote, ‘‘At this time in 1995, fornia; William Pickell, General Manager, Speaker of the House, House of Representatives, the prospects for environmental protection Washington Contract Loggers Assn.; Randal Washington, DC. looked bleak.’’ On July 23, the news service L. Pelton, Chairman, Chelan County Citizens DEAR MR. SPEAKER: We are writing to ex- Greenwire reported that, ‘‘Starting this Coalition. press our concerns about recent activities of week, the Natural Resources Defense Council Edward H. Waldheim, President, California Representative Sherwood Boehlert, which we will air 60-second radio ads against 16 House Off-Road Vehicle Association; Peggy A. Wag- believe undermine the mission and credibil- members with ‘anti-environmental voting ner, Director, Montanans for Multiple Use; ity of your Speaker’s Task Force on the En- patterns.’ ’’ An Associated Press story pub- Dr. Bonner R. Cohen, Editor, EPA Watch; vironment. You have stated that the value of lished in the November 2, 1995 Atlanta Con- R.O. Voight, President, Maine Conservation E1936 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 Rights Institute; Adam Dubitsky, President, can better fulfill its mission of Christian service ming reflects the needs, interests and diverse ABD Communications; Robert MacMullin, to our community. lifestyles of urban America. President, MacMullin Forestry & Logging. Pastor Wright's concern for people goes far Since its inception in January of 1996, the William J. Murray, Chairman, Government Is Not God PAC; Barbara Mossman, Spokes- beyond the membership of South Post Oak energetic and committed staff of the Urban man, American Loggers Solidarity; Chuck Baptist Church. He is extensively involved in Pulse magazine, have provided entertaining, Chase, Director, Eastern Oregon Mining As- the community around the church. He cur- educational, and informative African American sociation; Patricia A. Bradburn, President, rently serves on community boards for two programming. The Urban Pulse magazine cre- Virginians for Property Rights; Darlene high schools in Houston. In May 1994, the city atively mixes such public affairs issues as Slusher, President, Accord Chapter, People of Houston and Mayor Bob Lanier proclaimed education, youth, and local and national poli- for the West!; Karl W. Mote, Retired, Mining Rev. Ramus E. Wright Day in Houston in rec- tics, with series such as ``Mo-Jazz'' and ``The Industry; Harry A. Baker, Jr., Chief Instruc- ognition of the work he has done at South Urban Roundtable.'' tor, California 44 Education & Training; Rob- I ask my colleagues to join me in paying a ert J. Smith, Senior Environmental Scholar, Post Oak and in the community. Competitive Enterprise Institute; Mike Dail, Pastor Wright has been an example for all special tribute to the Urban Pulse magazine President, Federal Land Bank Association of of us through his community leadership, his and their continued success. Mason. caring for others, and his deep and abiding f f faith. By following that example, the members of South Post Oak Baptist Church have en- TRIBUTE TO ROBERT H. STEINER TRIBUTE TO MSGR. LOUIS BIHR riched our community for all of us. As the church celebrates its 37th anniversary, I want HON. DAVID E. BONIOR HON. WILLIAM J. MARTINI to express may deep appreciation to Pastor OF MICHIGAN OF NEW JERSEY Wright and the members of the church for IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES their good work, and I wish them well in the Monday, October 21, 1996 future. I have no doubt that their many min- Monday, October 21, 1996 istries will continue to flourish and prosper to Mr. BONIOR. Mr. Speaker, I rise today to Mr. MARTINI. Mr. Speaker, I rise today to the betterment of us all. pay tribute to the treasurer of the charter pay tribute to a real American hero. I am talk- f township of Clinton, MI, Mr. Robert H. Steiner. ing of Msgr. Louis Bihr, pastor of Immaculate After 33 years of devoted service to the peo- Heart of Mary Church in Wayne, NJ. TRIBUTE TO THE VILLAGE OF ple of Clinton Township, Bob Steiner has de- Mr. Speaker, Monsignor Bihr (``Father Lou'') BURR RIDGE ON ITS 40TH ANNI- cided to retire. has devoted over 25 years of his life to VERSARY For over three decades, the residents knew preaching god's word. Known for his devotion they could count on Bob Steiner to perform his to mass, prayer, love and kindness, Father HON. WILLIAM O. LIPINSKI responsibilities with professionalism and com- Lou has served at Blessed Sacrament Parish, OF ILLINOIS petence. In addition to his role as the township treasurer, Bob Steiner has served as a mem- t. Joseph's Parish, St. Boniface Parish and St. IN THE HOUSE OF REPRESENTATIVES Gerald's Church. Mr. Speaker, he has been ber of the Planning Commission for 9 years cherished by countless numbers of individuals Monday, October 21, 1996 and as a township trustee for 4 terms of office. in the religious world. Mr. LIPINSKI. Mr. Speaker, I rise today to In his ongoing attempt to serve the public Apart from his preaching in the church, Mr. pay tribute to an outstanding community in my more ably, he has taken numerous other lead- Speaker, he has continued to spread the word district that is celebrating its 40th anniversary, ership positions. of God in surrounding communities. He moved Burr Ridge, IL. For example, Bob is currently the director of from director of the Diocesan Youth Depart- Burr Ridge was incorporated October 30, three groups vital to the well-being of every- ment/CYO to the elected position of assistant 1956, as a 1-mile square area. The village one in the community: the Clinton Township chairman of region II of the National CYO was originally called Harvester in honor of the Economic Development Corp., the Michigan Federation. He led the development of a International Harvester plant located nearby. Townships Association, and the Grosse diocesanwide high school retreat. He brought The village steadily expanded and was re- Pointes Clinton Refuse Disposal Authority. Youth Haven, a shelter for runaway teenagers, named Burr Ridge in 1961 in honor of a stand The list of other organizations in which Bob to the community. Finally, Father Lou initiated of Burr Oak trees located on a small ridge in has been involved, is simply too lengthy to in- the opening of a children's day care center, El the community. clude. But it is safe to say that if there was a Mundo del Nino. Through wise planning and controlled concern raised in Clinton Township, Bob was Mr. Speaker, Msgr. Louis Bihr has been growth, the village has combined light indus- responsive to it. chosen as ``Man of the Year'' by St. Gerald's trial areas with subdivisions of single family His many civic responsibilities did not pre- Church. He is also man of the year in my homes in all price ranges. From the original vent him from devoting his time, energy, and eyes. I ask that we all acknowledge the work 300 residents, Burr Ridge has grown to nearly talents to many community projects through and life of this man. He has fought for the 9,000 inhabitants. volunteer work. Bob and his family have been good of our country, our hearts, and our souls. Mr. Speaker, I salute the Village of Burr active in their church and in the Clinton Valley f Ridge on 40 years of serving as a model com- and Chippewa Valley Kiwanis Clubs. He has munity in suburban Chicago. worked on behalf of the Clinton Township HONORING SOUTH POST OAK BAP- f Goodfellows organization and many school, TIST CHURCH ON ITS 37TH ANNI- academic, and sports activities. VERSARY TRIBUTE TO THE URBAN PULSE It was nearly 25 years ago that I first MAGAZINE SHOW knocked on the Steiner door and met Bob and HON. KEN BENTSEN his wonderful wife, Alice. Since that time, Bob OF TEXAS HON. JOSEPH P. KENNEDY II and I have enjoyed a close working relation- IN THE HOUSE OF REPRESENTATIVES OF MASSACHUSETTS ship on local, State, and Federal issues. I IN THE HOUSE OF REPRESENTATIVES have watched with respect as the township Monday, October 21, 1996 has grown under his steady leadership. The Mr. BENTSEN. Mr. Speaker, I rise to honor Monday, October 21, 1996 true measure of his commitment to the people South Post Oak Baptist Church in my district Mr. KENNEDY of Massachusetts. Mr. of Clinton Township, is his son's similar inter- as it celebrates its 37th anniversary, and I ex- Speaker, I would like to take this opportunity est in public service, obviously learned and tend to Pastor Remus E. Wright a special con- to recognize the Urban Pulse Magazine Show. nurtured at home. gratulations for all that he has done for the The Urban Pulse Magazine Show will cele- After 33 years of public service, I thank Bob church and for our community. brate its expansion from its grass-roots in Bos- for his fine work and commend him for his ex- Under Pastor Wright's leadership, the ton cable to a New England regional cablecast ceptional dedication and outstanding contribu- church has experienced rapid growth. Once as which will be viewed on WNDS±50TV. The tions. He will be missed by us all. We wish small as 150 members, the church today show is committed to excellence in the pro- him the very best in the future as he enters a serves more than 2,000 members. Pastor duction of quality urban contemporary pro- well-deserved retirement. As family and Wright has established 20 new ministries and gramming. Serving 356 surrounding commu- friends and associates gather on Friday, No- enhanced several others so that the church nities, the Urban Pulse magazine's program- vember 8, 1996, to honor Bob and Alice on October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1937 this special occasion, I join in the chorus of tion on the sanctity of human life. I want to nosed my mother with leukemia. The doc- congratulations and appreciation. offer my profound congratulations to Arlene tors told her it was crucial to start chemotherapy treatments right away, because she f and the Koochiching County Right-to-Life would only live six weeks without them. Un- Committee and the Minnesota Citizens Con- TRIBUTE TO THE ITALIAN fortunately, they also said the baby would cerned for Life organization for their sponsor- not survive with the treatment, and that her TRIBUNE COLUMBUS DAY PARADE ship of this annual competition. best chance would be to abort the unborn I AM ME child. HON. WILLIAM J. MARTINI (Pro-Life Speech by Arlene Helderman) It was fall, a time when things die naturally—leaves, flowers, grass; but what OF NEW JERSEY I am me. about—unnaturally? My mother had started IN THE HOUSE OF REPRESENTATIVES In all the world, there is no one else exactly her fifth month. She could feel the baby like me. Monday, October 21, 1996 move inside her and it was like someone was There are persons who have some parts like trying to tear her heart out. She had to Mr. MARTINI. Mr. Speaker, I rise today in me, make a choice. Did she want to destroy her recognition of the 26th Annual Columbus Day But no one adds up like me, baby so she could have a greater chance at Celebration and Parade in Newark, NJ, spon- Therefore, everything that comes out of me, living, or did she want to continue on and sored by the Italian Tribune. Is authentically mine, because I alone chose hope, only to be told she’d have a greater it. As we all know, Christopher Columbus chance at dying? Despite her threatening I own everything about me: condition, she chose life. crossed the Atlantic Ocean in search of a New My body—including everything it does, In the next month, my mother experienced World. Shunned by skeptics and ridiculed by My mind—including all its thoughts and more pain than most people could ever imag- less adventurous souls, Columbus embarked ideas, ine. She had a bone marrow test taken, a on his trek armed with little more than a vision My eyes—including all the images they be- test so painful, that my petite mother, tore of the future and an irrefutable desire for suc- hold, a metal railing from the hospital bed in the cess. My feelings—whatever they may be, midst of her agony. She endured over twenty shots a day, forced herself to eat for the sake Christopher Columbus was born to a family And all of my actions—whether they be to others or to myself. of her baby, was hooked up to IV’s, and lost of weavers and merchants in the Genoa Re- I own my fantasies, my dreams, my hopes, so much weight, that even at five months public of northern Italy. He soon became a my fears. pregnant she only weighed eighty pounds. man of the world as he traveled through Spain I own all my triumphs and successes, all my She endured so much pain, and she did it all and Portugal. Throughout his travels, Colum- failures and mistakes. for me. I don’t know how I can ever thank bus became fascinated with the lore of the I own me, and therefore I engineer me, my mom for the sacrifices she made for me, Orient. He soon became consumed with the To work in my best interests, but the faith and love she had in me is something that will live in my heart, forever. idea of discovering a new quicker way to the I can see, hear, feel, think, say and do. I am me. Another month passed, and my mother was shores of Asia. He believed that way was to- feeling a little better. At seven months of I am here today to talk about life. I am ward the oceans of the west. the pregnancy, November twenty-fifth start- here, I am alive, and I am me because of a ed out like any other day. She was weighed, On September 6, 1492, Columbus set sail choice my mother made. Her choice is what and her IV’s were changed, but by ten from Palos in search of a more direct route to accounts for many of the decisions I make o’clock that morning, she was starting labor. Asia, but only God knew his journey would now, because of the love present in her bring even more wondrous discoveries. Two The Doctors explained that most likely the choice. I am me because my mom chose life. baby would not survive, and for her safety, Everything that makes me me, was decided minutes after midnight on October 12, 1492, my mother should be flown to a larger hos- at conception, when forty-six human chro- the screams of ``Land! Land!'' broke the si- pital with better medical facilities. The hos- mosomes laid out my genetic code. All char- lence of the night. As the Pinta, sailing ahead pital in her small town did not have the acteristics were then determined, such as proper equipment if the baby was to survive. of the other ships, approached the sandy sex, eye color, shoe size, intelligence—many And so, although my mom persisted there white beach, the crew raised the flag to its characteristics we now take for granted. But was not enough time to make it to the hos- highest mast and fired a cannon to alert the it was then that they were laid out, to create other ships of the discovery. pital, they boarded her, a nurse, and a pilot the me that I am. Only twelve weeks later onto a small air ambulance for an unforget- While Columbus originally thought he had during my precious development, I had the table journey. Halfway to the hospital I was found a more direct route to Asia, he soon re- ability to experience pain—the same pain I born and I could not breathe. The nurse en- alized that he made a more remarkable dis- would one day experience at age twelve, couraged my mom to pray as she gave me re- coveryÐa New World. when I would clumsily break my nose, I had suscitation to try and keep me alive. The Mr. Speaker, over the last 26 years, this pa- tiny fingernails—the same fingernails I pilot radioed ahead for ambulances and to would paint so precariously years later, the rade has been a cornerstone of the Italian- the hospital so everyone was ready for my night before my first formal dance. And my arrival. The rest of the flight, forty minutes, American and Newark community. Similar to feet were perfectly shaped by this time—the the way Columbus breached the gap between was the longest forty minutes in my moth- same feet that I use now, to flex and point er’s life; but as we neared the landing, she the Old and the New Worlds, the parade and dance and leap during my gymnastics thought she saw my tiny lip quiver, and it brings together members of Newark's diverse routines. It’s amazing, but at an early six gave her hope. population in a celebration of Christopher Co- weeks of my development, I had brain For days, I was placed on oxygen to lumbus. This parade, in the spirit of Chris- waves—brain waves that today enable me to breathe, and time pressed on with the un- topher Columbus, shows how the Newark create stories for English and calculate sta- avoidable question of survival. The doctors tistics for Math. And at an unbelievable again said it did not look promising. They community can overcome cultural differences three weeks, I had a heartbeat—the same to gather and celebrate with each other. suggested to my parents to pick a name for heart which beats at seventeen, in anticipa- me, therefore I was named after the nurse- Mr. Speaker, I would like to recognize the tion of future dreams and aspirations. I am Arlene, and the pilot-Frances, who were both Italian Tribune, and thank them for their con- me, whether it be then or now. But I am only so courageous during my birth. I was hooked tinued support of this important community me because my mom chose life. The story of up to oxygen and heart machines, and there event. my mother’s choice to keep my life is like no were so many IV’s in my tiny arm, that at f story you have ever heard, and you will prob- fourteen inches long, two and half pounds, ably never hear another quite like it. you could barely see me under all that equip- ‘‘I AM ME’’ Everything was so normal. My mother was ment. When my mom entered the intensive twenty-nine years old, and she and my father care unit I was in, my heart monitor became were a young couple with a four-year-old lit- extremely active, perhaps because I could HON. JAMES L. OBERSTAR tle girl, a white house, (with no picket feel her presence. It was then that my mom OF MINNESOTA fence), but picture perfect in their eyes. As knew I would be okay. IN THE HOUSE OF REPRESENTATIVES springtime neared, she discovered she was After two months in an incubator, and pregnant with her second child, which was weighing in at five pounds, I went home to a Monday, October 21, 1996 good news. The first couple months went family that was anxiously waiting my arriv- Mr. OBERSTAR. Mr. Speaker, I am very well, and she had lots of energy. But as time al. My mom endured three more years of crept on into summer, she felt tired all the pleased to share with my colleagues the na- chemotherapy treatment. To this day, there time and became ill with bronchitis. She is not a single trace of cancer in her body. tional award winning essay of Arlene started to lose weight, and she constantly Despite all of the odds and even when it Helderman from International Falls, MN. I offer prayed for the doctors to find out exactly looked like it couldn’t get any worse, my Arlen's superb presentation, `Ì Am Me'' to what was wrong with her. After many tests mom and I broke medical history. We are serve as an enlightened statement to the Na- and many wrong answers, the doctors diag- alive, and we did it together. E1938 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 And today, because my mom chose life, I erally located between the towns of Dune Chambers' time, talents, and energy are ap- am me. My mom was given practically no Acres on the east and Ogden Dunes on the preciated by all of us. I thank him for his ef- chance, but she still underwent painful expe- west. These women did succeed in purchas- forts and commend him for his good work. I riences, emotionally and physically, to give ing a piece of the unprotected land at a 1953 me life. I am who I am today, because of her. applaud the Boy Scouts of Clinton Valley She had to make a choice. And she chose me! Port County tax sale, which now stands as Council for recognizing Mr. Chambers. He has Because of the enormous obstacles over- Cowles Bog. provided outstanding leadership to our com- come in my struggle, many people have From these early beginnings, the council, munity and I know he is proud to be honored deemed my birth to be a miracle. However, I which included Herb and Charlotte Read, and by the Scouts. have learned that life itself, is truly the mir- Illinois Senator Paul Douglas, traveled to On behalf of the Boy Scouts of America, I acle. Sometimes I forget how precious life is Washington, DC, to fight plans to industrialize urge my colleagues to join me in saluting J. and we all tend to overlook the magic of the area. As a result, on November 5, 1966, Gene Chambers. every day. But then I remember. I remember the first Indiana Dunes bill was enacted to cre- f that there are children not as fortunate as I ate the 5,800-acre Indiana Dunes National am. I remember the dream that lies in every moment, and the expectation born in every Lakeshore. Since 1983, Dale B. Enquist has TRIBUTE TO FRED LANG thought. I remember that I am me. But most been superintendent of the Indiana Dunes Na- importantly, I remember the day I learned to tional Lakeshore. This year, Mr. Enquist re- HON. WILLIAM J. MARTINI ceived the Department of the Interior's highest fully appreciate the value of life. It was the OF NEW JERSEY day when my mom told me that the result of honor, the Meritorious Service Award. her choice had turned out to be priceless! The Council fought corporate interests and IN THE HOUSE OF REPRESENTATIVES f the entire Indiana legislative and congres- Monday, October 21, 1996 sional delegations in the days before the Na- Mr. MARTINI. Mr. Speaker, I rise to pay trib- TRIBUTE TO SAINTS PETER AND tional Environmental Policy Act and open PAUL EVANGELICAL LUTHERAN ute to Fred Lang, for displaying outstanding meetings law. While two steel plants and a efforts on behalf of young adults in his com- CHURCH ON ITS 95TH ANNIVER- deep water port on Lake Michigan now sit in SARY munity. the heart of the dunes, 14,000 acres of Indi- Mr. Speaker, Mr. Lang will be honored at ana's dunes are forever protected as a State the Allied Health Industry for the Benefit of the HON. WILLIAM O. LIPINSKI and national parkland. Exploring Division of Passaic Valley Council, OF ILLINOIS The Save the Dunes Council developed tac- Boy Scouts of America. This branch of the IN THE HOUSE OF REPRESENTATIVES tics and strategies that were never used be- Boy Scouts specializes in career development, fore. It stood up to corporate America and won Monday, October 21, 1996 citizenship training, social activities, service the battle. The Save the Dunes Council has projects, and outdoor and fitness activities. Mr. LIPINSKI. Mr. Speaker, I would like to preserved one of the country's most beautiful Fred Lang is also extremely active in other pay tribute to an outstanding church in my and precious assets to ever exist. Mr. Speak- areas of our community, Mr. Speaker. Mr. congressional district celebrating 95 years of er, I ask you and my other distinguished col- Lang serves as a member of the governing service to its community this year. leagues to join me in commending the Save boards of the Greater Paterson Chamber of Founded just after the turn of the century, the Dunes Council, as well as the hope it em- Commerce, Jewish Family Services of North- Saints Peter and Paul Evangelical Lutheran bodies in its continuing effort to preserve our ern New Jersey and Paterson Education Church in Riverside, IL, has served the spir- environment. Fund, as well as an executive board member itual needs of its congregation and the com- f of the Passaic Valley Council of Boy Scouts. munity at large since then. TRIBUTE TO MR. J. GENE Mr. Speaker; as we all know, educating and As we know, churches are the backbone of CHAMBERS preparing the youth of this country is a great any community and Saints Peter and Paul has responsibility. That is why I rise today and been one of the more important supporting commend Frederick Lang for his efforts. His structures of Riverside for more than nine dec- HON. DAVID E. BONIOR OF MICHIGAN commitment to our young Americans is an in- ades. vestment in our country's future. Mr. Speaker, I congratulate Saints Peter IN THE HOUSE OF REPRESENTATIVES f and Paul on its 95th anniversary and wish the Monday, October 21, 1996 church many more years of service to its con- Mr. BONIOR. Mr. Speaker, I rise today to CONFERENCE REPORT ON H.R. 3005, gregation and community. pay tribute to Mr. J. Gene Chambers for being NATIONAL SECURITIES MARKETS f honored with scouting's Distinguished Citizen IMPROVEMENT ACT OF 1996 award by the Clinton Valley Council, Boy COMMENDING THE SAVE THE Scouts of America. The award will be pre- DUNES COUNCIL HON. JOHN D. DINGELL sented to Mr. Chambers on October 16, 1996 OF MICHIGAN in Clinton Township, Michigan. HON. PETER J. VISCLOSKY J. Gene Chambers began his career in the IN THE HOUSE OF REPRESENTATIVES OF INDIANA newspaper industry as a sales representative Monday, October 21, 1996 IN THE HOUSE OF REPRESENTATIVES and was promoted through the ranks to be- Mr. DINGELL, Mr. Speaker, in connection Monday, October 21, 1996 come the business manager of a local paper. with the passage of H.R. 3005, the National In 1982 , he became publisher of the Macomb Securities Markets Improvement Act of 1996, Mr. VISCLOSKY. Mr. Speaker, it is my Daily and was promoted to executive vice I offer the following extension of my remarks honor to commend the Save the Dunes Coun- president and CEO of South Eastern Michigan to clarify the congressional intent underlying cil, and its executive director, Tom Anderson, Newspapers. Mr. Chambers has been credited two key components of the legislation. as they celebrate their 44th anniversary. The with rescuing the Macomb Daily and its affili- SEC EXEMPTIVE AUTHORITY AND FRAUD Save the Dunes Council is primarily respon- ate papers from financial failure. sible for the creation of the Indiana Dunes Na- The list of community services that Mr. The House bill and Senate amendment contained substantially identical provisions tional Lakeshore, which celebrates its 30th an- Chambers is involved with is extensive. He granting the Securities and Exchange Com- niversary this year. annually supports the Wertz Warriors Snow- mission [SEC] general exemptive authority The Save the Dunes Council was formed to mobile Endurance Ride which benefits the under both the Securities Act of 1933 and the establish a dunes national park. Its main goal winter Special Olympics and the Macomb Securities Exchange Act of 1934. See H. Rept. was to fight off plans of powerful political and County Child Advocacy Center, and was a 104–622 at 38; S. Rept. 104–293 at 28. The con- economic interests to industrialize the entire past board member of the Macomb County ference agreement adopted those provisions. Hoosier shoreline on Lake Michigan. In 1952, Crippled Children's Association. In 1993 he By the express terms of the exemption pro- Dorothy Buell, a citizen of Ogden Dunes, in- was honored as ``Business Citizen of the visions, any exemption must be necessary or appropriate in the public interest and con- vited two dozen area women to a meeting in Year'' by the Mount Clemens Business Asso- sistent with the protection of investors. her house on the first day of the summer. This ciation for his role in fostering community de- In that regard, Congress intends the public fledgling group was called the Save the Dunes velopment. interest test to include the national public Council. Their main focus was to raise money Taking an active role in one's community is interests noted in the underlying statutes, to buy the 5 miles of beach and dunes gen- a responsibility we all share, but few fulfill. Mr. the prevention of fraud and the preservation October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1939 of the financial integrity of the markets, as The conference agreement would create a purpose venue for all manner of public gather- well as the promotion of responsible finan- new section 3(c)(7) exemption from the In- ings, a forerunner of our modern community cial innovation and fair competition. Clearly vestment Company Act for pooled invest- convention center. Besides hosting everything exemptions from the antifraud provisions ment vehicles that sell their securities only would not be in the public interest nor con- to ‘‘qualified purchasers’’ defined as persons from operas, rock concerts, and religious re- sistent with the protection of investors. This with at least $5 million in investments and vivals to circuses, conventions, and boxing is consistent with the explanation that was institutional investors with at least $25 mil- matches, it is perhaps best remembered as before this body when it passed H.R. 3005 (see lion in investments. The term ‘‘investments’’ the primary location for generations of school Congressional Record, June 18, 1996 at H6447): must be defined by the SEC. graduations. ‘‘ * * * this bill does not grant the SEC the The conferees believed that invester pro- authority to grant exemptions from the anti- tections could be maintained under more lib- In 1986, the city was forced to close the fraud provisions of either act. In determining eral thresholds than the House bill’s $10 mil- building due to code violations and structural the public interest, Congress has expressed lion in ‘‘securities’’ for natural persons and hazards. Sorely missed, the voters approved the public interest through the express pro- $100 million in securities for institutional in- an initiative in 1992 to restore and reopen the visions of law that it has enacted. The SEC vestors. However, for investor protection auditorium in its original, multi-purpose con- may not administratively repeal these provi- reasons, the conferees rejected the Senate figuration. sions by use of the new exemptive author- amendment’s provisions that would have ality.’’ lowed the SEC by rule to specify additional Phase I of the renovation began in Novem- QUALIFIED PURCHASER EXCEPTION qualified purchasers who did not meet the ber of 1994. The project was unique in that The Investment Company Act of 1940 (In- statutorily defined standards of financial so- rather than commission a set of architectural vestment Company Act) establishes a com- phistication but nonetheless would be taken plans to be put out to bid, the city first estab- prehensive federal regulatory framework for outside the protections of the Investment lished a minimum scope of work and a maxi- investment companies. Regulation of invest- Company Act. Given this record and the purposes of the mum project budget. Then a list of secondary ment companies is designed to: prevent in- renovation priorities was developed, with in- siders from managing the companies to their Investment Company Act, it is not the inten- benefit and to the detriment of public inves- tion of Congress that the SEC would use its structions to address as many of these items tors; prevent the issuance of securities hav- authority under section 6(c) of the Act to re- as possible within the budget. Finally, the city ing inequitable or discriminatory provisions; duce the thresholds or to ease the statu- asked engineering, design and construction prevent the management of investment com- torily-established conditions to this exemp- firms to form partnerships to bid on the job, panies by irresponsible persons; prevent the tion. and instructed the winning team to work in use of unsound or misleading methods of Moreover, the grandfather provision in sec- tandem to design and build the project. This tion 3(c)(7) was intended to allow existing computing earnings and asset value; prevent design/build concept gave them flexibility, changes in the character of investment com- section 3(c)(1) pools to open themselves up to panies without the consent of investors; en- qualified purchasers without having to ter- which was essential because the cost of some sure the disclosure of full and accurate infor- minate longstanding relationships with in- of the work, such as seismic retrofitting, would mation about the companies and their spon- vestors that are not qualified purchasers. vary depending on the methods used. Money sors. To accomplish these ends, the Invest- The grandfather provision was not intended saved on essential renovations has been ap- ment Company Act requires the safekeeping to allow sponsors to nominally ‘‘convert’’ plied to secondary priorities. and proper valuation of fund assets, restricts that pool to a section 3(c)(7) pool in order to greatly transactions with affiliates, limits raise additional funds through another sec- The result is extraordinary. In addition to the leveraging, and imposes governance require- tion 3(c)(1) pool without regard to section esthetic restoration of the building, alterations ments as a check on fund management. 3(c)(1)’s 100 person limitation. In the absence have been made to meet modern standards of Congress has been reluctant to exempt of new, bona fide qualified purchaser inves- earthquake and fire safety, and new electrical, pooled investment vehicles from the Invest- tors in the ‘‘grandfathered’’ section 3(c)(1) mechanical, and environmental systems were ment Company Act unless sufficient alter- pool, this would be an abuse of the grand- installed. Accessibility was enhanced by add- father provision that Congress did not in- native protections have been established. ing ramps at the front and side entrances, Thus, Congress has acted cautiously in en- tend. The grandfather provision also was not acting any new exemptions, appreciating the intended to override existing interpretative space for wheelchairs in seating areas perils to the public investor, including so- positions concerning the circumstances throughout the main level, new signage, and phisticated investors, and the American cap- under which two or more related section accessible restrooms. Today, the building ital markets that can arise from the oper- 3(c)(1) pools would be integrated for purposes looks better than ever and is more safe and ation of pooled investment vehicles outside of determining whether section 3(c)(1)’s re- functional than ever. Perhaps most impor- the Investment Company Act. The following quirement that the voting securities of a sec- tantly, the project has been completed within tion 3(c)(1) company be owned by no more examples are part of the record: Last year, its budget of $10.8 million. an investment fund, Foundation for New Era than 100 persons. Such an abusive practice Philanthropy, collapsed after reportedly run- would not be protected by the ‘‘non-integra- For many, the auditorium represents a ning a ‘‘Ponzi scheme’’ that left its inves- tion’’ provision of new section 3(c)(7)(E) priceless link with the city's past and the his- tors, including at least 180 nonprofit organi- which explicitly provides that that provision tory of its cultural development. Newly refur- zations, with an estimated $200 million in does not address the question of whether a bished, it is one of Sacramento's's most be- person is a bona fide qualified purchaser. losses. loved historical landmarks, especially among The collapse of the Orange County invest- f ment fund last year, reportedly due to our community of veterans. overleveraging, portfolio illiquidity, and SALUTING THE REOPENING OF Sacramento Memorial Auditorium is dedi- mispricing of assets, harmed many ‘‘sophisti- THE SACRAMENTO MEMORIAL cated to the memory of all Sacramento County cated’’ investors, including more than 180 AUDITORIUM residents who give their lives in service to the local governmental bodies that had invested in the pool. United States in any of America's wars, past Last year, David Askin, a failed hedge fund HON. ROBERT T. MATSUI or future. The names of these men and manager, settled administrative proceedings women are inscribed in a permanent honor roll in which the SEC charged him with fraudu- HON. VIC FAZIO displayed within the building, a reminder of the lent conduct in the collapse of his $600 mil- HON. JOHN T. DOOLITTLE terrible cost of war and a tribute to the price lion hedge funds. It was reported that the HON. RICHARD W. POMBO and patriotism of Sacramento residents. As collapse caused serious harm to at least one part of the restoration, a new and expanded OF CALIFORNIA large personal estate, a pension fund, major honor roll has been added, listing our fallen state universities, and large insurance and IN THE HOUSE OF REPRESENTATIVES brokerage houses. heroes and heroines from the Spanish-Amer- In 1992, Steven Wymer pleaded guilty to Monday, October 21, 1996 ican War through the Persian Gulf War. nine felony counts for defrauding his clients, Mr. MATSUI, Mr. FAZIO, Mr. DOOLITTLE, Mr. Speaker, we ask our colleagues to join including a state investment pool in which 88 Mr. POMBO. Mr. Speaker, we rise today to us in honoring the men and women who governmental units reportedly had invested. pay tribute to all parties responsible for the Section 3(c)(1) of the Investment Company worked to make this project such and over- Act currently exempts from regulation any grand reopening of the Sacramento Memorial whelming success. We are proud to have pooled investment vehicle with up to one Auditorium. such a beautiful and utilitarian monument to hundred investors that has not made and Originally opened in 1927, this landmark our country's fallen heroes and look forward to does not propose to make a public offering. building served for almost 60 years as a multi- many years of continued use and enjoyment. E1940 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 TRIBUTE TO THE LATE THEODORE First Federal Design Assembly as the best in TRIBUTE TO BRIG. GEN. ALLAN W. R. (TEDD) McCANN government. Many of the maps and brochures NESS he designed are still in use. In 1967 Park HON. RALPH REGULA Service Director George Hartzog set up the HON. DAVID E. BONIOR OF OHIO Office of Urban Affairs, and Tedd worked on OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES initial plans for the then-proposed Wolf Trap IN THE HOUSE OF REPRESENTATIVES Park, VA; Georgetown Waterfront and Fort Monday, October 21, 1996 Lincoln, Washington, DC; Indiana Dunes Na- Monday, October 21, 1996 Mr. REGULA. Mr. Speaker, on September tional Lakeshore; Delaware Water Gap Na- Mr. BONIOR. Mr. Speaker, I rise today to 12, 1996, a former employee of the National tional Recreation Area; and Jefferson National pay tribute to Brig. Gen. Allan W. Ness. On Park Service, Theodore R. (Tedd) McCann Expansion Memorial, St. Louis, MO. November 23, 1996, he will be honored on the passed away. Tedd's passing is mourned by In 1968 in the wake of the riots in Washing- occasion of his retirement as commander of his many friends and family, but his legacy ton, DC, he and designer Russell Wright con- Selfridge Air National Guard Base, MI. lives on and is reflected in many of our Na- ceived of and developed the ``Summer in the Brigadier General Ness' distinguished cation's National Parks across the country. Parks'' program, which provided cultural and reer includes a yearlong tour in Tuy Hoa, Re- Tedd was a park planner, but he was also recreation activities in parks throughout the republic of Vietnam where he flew 247 combat a poet and an artist. His park plans were gion and became the model for similar pro- missions. In 1988, he was selected to attend touched with his gift of words and his vision. grams throughout the Nation. the NATO Defense College in Rome and One park that Tedd helped plan and that Con- Tedd's park planning days began in 1969, shortly thereafter became deputy commander gress subsequently established in 1974, is the when he served on the planning team that for operations of the 127th Tactical Fighter Cuyahoga Valley National Recreation Area in came up with the plan and legislation to estab- Wing. The promotion to brigadier general was northeast Ohio. He began studying the area in lish the Gateway National Recreation Area in effective as of September 1994. 1971. When Tedd was first given the assign- New York/New Jersey. He subsequently General Ness has served as commander of ment, he was skeptical. The Cuyahoga River served as head of planning for other new the 127th Wing and Selfridge Air National was, after all, the river that caught fire in 1969 urban national parks, including the Golden Guard Base for 3 years. He is responsible for and was an icon for environmental pollution. Gate National Recreation Area in San Fran- successfully leading Selfridge through some of Yet later, in Tedd's report back to Interior Sec- cisco and of course, the Cuyahoga Valley Na- its greatest challenges since the opening of retary Rogers C.B. Morton, he called it `à tional Recreation Area between Akron and the base. General Ness implemented the con- green shrouded miracle.'' He saw in the Cuya- Cleveland, OH. He also did the early studies version and consolidation of the 191st Fighter hoga Valley the potential of being what it has of the Lowell National Historic Park, MA; Chat- Group and 127th Fighter Wing which occurred become today, a great urban national park tahoochee River National Recreation Area, At- because of significant downsizing of the units that now serves over 3 million people a year lanta; Santa Monica Mountains National at Selfridge. He diligently fought an Army rec- who hike its trails and marvel at its scenery Recreation Area, near Los Angeles; and Ellis ommendation to pull out of the base and and enjoy its rich history. Island and Statue of Liberty, NY. He con- maintained a high state of readiness through- Tedd also had dreams for a much larger ducted a study of President Roosevelt's sum- out the process. area, one that would extend further down the mer home in Warm Springs, GA and a study Through General Ness' leadership, a nation- Ohio & Erie Canal and serve even more peo- of the Rockefeller estate in Pocantico Hills, ally recognized equal opportunity diversity ple throughout the region. But good things NY. He also led a study of potential African- training program was implemented. Selfridge often need to start with smaller steps and he American historic sites throughout the country, has led the State and Nation in developing in- recognized that fact. Fortunately, at the end of several of which including the Maggie Walker novative programs to monitor, mentor, and the 104th Congress we were able to take that home in Richmond, VA, Congress subse- motivate their members to appreciate diversity. next big step, and establish the Ohio & Erie quently included in the National Park System. I commend him for his years of service to Canal Heritage Corridor which encompasses As his last project before retiring in 1984, he the Selfridge Air National Guard Base and the the Cuyahoga Valley National Recreation Area served on the management planning team for citizens of our great country. I urge my col- but extends north and south from Cleveland to the Women's Rights National Historical Park, leagues to join me in showing appreciation for Zoar Ohio and will truly create a ribbon of wil- Seneca Falls, NY. a job well done by offering a final salute on derness in urbanized northeast Ohio. The her- Tedd lived with his wife Loretta Neumann in the event of his retirement. itage corridor is a relatively new concept, Washington, DC. Tedd was one of the found- f which allows for more flexibility in how the ers of Plan Takoma, a neighborhood organiza- area is managed and provides for increased tion for which he helped develop a com- TRIBUTE TO FRANK CORRADI local participation. It is a concept which I be- prehensive plan for the area surrounding the lieve Tedd would be proud of and the Ohio proposed Metrorail station. He was also active HON. WILLIAM J. MARTINI and Erie Canal Heritage Area will further en- in Neighbors Inc. He was one of the founders OF NEW JERSEY hance the ``green-shrouded miracle'' he so in the late 1970s of the Takoma Park Folk IN THE HOUSE OF REPRESENTATIVES aptly described more than 2 decades ago. Festival, and for many years was a member of Monday, October 21, 1996 But Tedd's legacy extends beyond northeast its coordinating committee. He was for many Ohio as he had a hand in many other parks years treasurer of the Committee of 100 on Mr. MARTINI. Mr. Speaker, I rise today to across the country. Because of that and espe- the Federal City and Takoma Park Horti- recognize Mr. Frank Corradi of Cedar Grove cially for the legacy he left us in Ohio I want cultural Club. for his outstanding public service record. Mr. to share some of the details of his life. Tedd's first marriage was to Marilyn Hud- Corradi is currently serving in the capacity of Tedd was born on May 29, 1929, in son, with whom he had three children: Chris- councilman/deputy mayor for the city of Cedar Jeannette, PA to Lawrence Vernon McCann topher, Carol Lynn, and Clair (Behrens). He Grove in the Eighth Congressional District. and Lois Mumma McCann. His family later has one grandson, Charles Behrens. He also Mr. Corradi's current public office is not his moved to Pontiac, MI. At the age of 18, Tedd has a sister, Patricia (Rososky), and brother, first involvement with his community. He par- caught a train and went to Chicago to study Lawrence. ticipated on the church level through his posi- art. He joined the Air force during the Korean Just over a week ago, I participated in a tion as parish finance council member, which War and was stationed at Langley Air Force ceremony to mark the reopening and comple- he held from 1986 until 1990. In 1992, Mr. Base in Hampton, VA. He later attended the tion of the renovation of the historic ``Boston Corradi served on the Zoning Board of Adjust- Corcoran Art School in Washington, D.C. and Store'' in the Cuyahoga Valley. It was a great ment in Cedar Grove, and in 1994, he held a received a degree in art history and painting day and all of us who were present including seat on the Planning Board. Mr. Speaker, from George Washington University. He was a John Seiberling, the author of the legislation these positions reflect Mr. Corradi's qualities graphics designer for the Bureau of Reclama- creating the Cuyahoga Valley noted how bi- of responsibility, fiscal integrity, and dedication from 1957 to 1960, and later headed his partisan the creation and continued operation tion, which no doubt played a large role in his own house restoration business. of the park has been. The ``green-shrouded 1994 election to councilman/deputy mayor. In 1963, Tedd joined the National Park miracle'' Tedd knew would one day be a park Over the past 2 years, Mr. Corradi has ac- Service as art director. He helped put together has brought much joy to millions in our region complished a number of projects to better the a graphics and cartography unit in the publica- of the country and his vision has left an indel- lives of the people of Cedar Grove. He worked tions office; it received a gold medal from the ible mark throughout the country. to increase the awareness of the residents October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1941 with regard to the need for an expanded recy- proval needed under suspension of the rules the U.N. designations simply promote envi- cling program. Mr. Corradi sponsored legisla- procedures, it ultimately failed. Thirty-three ronmental cooperation and actually serve to tion to eliminate cigarette machines in all non- Democrats voted for the popular piece of leg- attract tourists. When told, however, that islation, 15 Republicans voted against it. the United Nations had complained that Yel- liquor serving establishments. He also helped The bill would have required congressional lowstone was too crowded by tourists, he to more thoroughly integrate the needs of the approval before federal officials seek special just replied, ‘‘I was not aware of that.’’ In- business community by creating committees to U.N. status for U.S. parks and public lands. deed, environmental groups not only wanted provide them with support. It was brought to the House floor just two the gold mine stopped, but have suggested Mr. Speaker, these are just a few of Mr. weeks after Rep. Young had convened an in- greatly restricting tourism within the park. Corradi's achievements. The people of Cedar formative September 12 hearing of his House Myron Ebell of Frontiers of Freedom, a Grove have benefited greatly from his con- Resources. Committee to highlight how the group started by former Sen. Malcolm Wal- lop (R.-Wyo.), said Frampton was part of a structive and fiscally responsible actions. I en- United Nations has been brought in to ‘‘protect’’ literally tens of millions of acres of ‘‘cabal’’ of federal agencies and environ- courage Mr. Corradi to continue his note- federal land. The hearing focused on how mental groups that regard the United Na- worthy agenda. He is a truly respectable pub- President Clinton complied with a U.N. rec- tions as a ‘’weapon’’ in their campaign to lic servant who should serve as an example to ommendation to kill a gold mine project deindustrialize America. Paul C. Jones, exec- others. outside Yellowstone National Park. utive director of the Colorado-based Min- f Citizens and local officials from Montana, erals Exploration Coalition, said the involve- New Mexico, Wyoming, Colorado and even ment of the United Nations in Yellowstone H.R. 3752, THE AMERICAN LAND New York testified that the United Nations was ‘‘unprecedented’’ and amounted to an SOVEREIGNTY PROTECTION ACT has been involved in labeling public lands in international ‘‘land grab.’’ The House sup- their communities as World Heritage Sites port for the Young legislation is only one indication that opposition is building. SPEECH OF and Biosphere Reserves without their knowledge or consent. They said the U.N. involve- Rep. Tim Hutchinson (R.-Ark.) testified HON. DON YOUNG ment including proposals for ‘‘buffer zones’’ that citizens in his own state, including a around these areas, threatens private prop- group called ‘‘Take Back Arkansas,’’ had OF ALASKA thwarted the designation of the Ozark Na- erty rights, property values and economic IN THE HOUSE OF REPRESENTATIVES tional Forest as a Biosphere Reserve because development. they didn’t want their ‘‘prized national Friday, October 4, 1996 In the United States there are now 20 treasures’’ subjected to international agree- World Heritage Sites, designated under the Mr. YOUNG of Alaska. Mr. Speaker, in a ments that might conflict with U.S. law. In terms of a 1972 treaty, and 47 Biosphere Re- a case involving Mount Mitchell State Park rollcall on September 26, 1996, the American serves, designated under a 1970 U.N.-spon- in North Carolina, citizen action forced park Land Sovereignty Protection Act of 1996, sored ‘‘Man and the Biosphere’’ program that authorities to actually take the words which would reestablish the Congress as the has been implemented without the benefit of ‘‘United Nations’’ off a wooden sign leading ultimate decisionmaker in managing public a treaty. The programs are run out of the into the park. lands and maintain sovereign control of lands U.N Educational, Scientific and Cultural Or- For her part, Nina Sibal of UNESCO testi- in the United States, failedÐby a 246 to 178 ganization (UNESCO) in Paris. fied that passage of Young’s legislation was voteÐto receive the two-thirds majority nec- According to Rep. Young, these U.N.-des- ‘‘a sovereign decision’’ of the United States. essary to suspend the rules and pass the bill. ignated areas comprise more than 51 million Her French UNESCO associate, Pierre acres—68% of all National Parks, Preserves Lasserre, however, did venture the opinion The bill simply requires congressional ap- and Monuments, including the Statute of proval of international land designations in the that the name of the ‘‘Man and the Bio- Liberty and Independence Hall. sphere’’ program should be changed because United States, primarily UNESCO World Herit- Unwilling to take the side of the United it sounds ‘‘sexist.’’ age Sites and Biosphere Reserves. These Nations against Congress, not one major en- U.N.-SPONSORED ALIENS LAND IN vironmentalist group accepted an invitation designations, as presently handled, are an YELLOWSTONE to testify and no Democrats on the commit- open invitation to the international community (By Gayle M.B. Hanson) to interfere in U.S. domestic land-use deci- tee showed up at the hearing to oppose the bill. The Clinton Administration did, how- The Clinton administration allowed an ob- sions. ever, send Assistant Interior Secretary scure treaty to establish U.N. authority over I am amazed that a single Member of Con- George Frampton to testify against the Yellowstone National Park, the Statue of gress would oppose legislation requiring con- Young bill. Frampton was clearly perturbed Liberty and other American sites. House gressional oversight of international land des- by Young’s effort to promote his legislation Democrats backed the power grab. ignations within the borders of the United by asking his congressional colleagues, ‘‘Is Okay, so maybe there were only a handful of individuals involved, and maybe they States. What is unreasonable about Congress Boutros Boutros-Ghali zoning land in your district?’’ didn’t actually arrive in the dead of night insisting that no land be designated for inclu- protected by whirring black helicopters and sion in international land use programs without Ironically, Frampton’s own dealings with the United Nations in the Yellowstone mat- hell-bent on clandestine maneuvers. But the the clear and direct approval of Congress? ter were a major factor in prompting the fact that four members of the United Na- What is unreasonable about having local citi- hearings and the proposed legislation. tions Educational, Scientific and Cultural zens and public officials participate in deci- Organization’s, or UNESCO’s, World Herit- CLINTON’S YELLOWSTONE DEAL sions on designating land near their homes for age Committee traveled from halfway Circumventing the lawful process of com- inclusion in an international land program? around the globe to the Idaho-Montana-Wyo- pleting an Environmental Impact Statement ming border area in summer 1995 to inves- Many, many Americans from all sections of to determine what threat, if any, was posed tigate a ‘‘dangerous’’ situation unfolding at our country have called my office to say that by a proposed gold mine, Frampton last year Yellowstone National Park has some people they are concerned about the lack of congres- invited a foreign U.N. delegation to make a still scratching their heads in disbelief. sional oversight over UNESCO international brief visit to Yellowstone, which is both a The aforementioned (dare we say it?) land designations in the United States and to World Heritage Site and a Biosphere Re- aliens were invited to poke around on their express their support for H.R. 3752. I want to serve, to call for a ‘‘buffer zone’’ around the fact-finding mission at Yellowstone by As- say to them that this fight has not ended. I park and to declare it ‘‘in danger’’ from the sistant Secretary of the Interior for Fish and mining project. The leader of the delegation Wildlife and Parks George Frampton Jr. plan to introduce this bill again in the 105th was a German, Bernd Von Droste, who has Frampton, at the behest of the U.S. Park Congress. called for global energy taxes to enable the Service and a cavalcade of environmental I would like to include the following recent United Nations to better ‘‘protect’’ these groups including the Sierra Club, the Na- articles about the debate over H.R. 3752. I areas. tional Audubon Society and the Wilderness urge my colleagues to read these com- After the U.N intervention, the mining Society, an organization Frampton once led, mentaries. company, Crown Butte Mines Inc., agreed to officially sought the intervention of White House demands to cancel the project UNESCO’s World Heritage Committee to CONGRESS FAILS TO VETO U.N. ROLE IN in return for a vague presidential promise of remedy what they called ‘‘extremely serious NATIONAL PARKS some federal land somewhere else. ‘‘This threats’’ by a proposed gold mine near the (By Cliff Kincaid) President believed the U.N. has more value park. In a sign of mounting anti-United Nations than the Congress,’’ Rep. Young angrily de- The initial correspondence from the envi- sentiment, Rep. Don Young (R-Alaska) got clared, vowing to push his sovereignty bill ronmental groups to the World Heritage Cen- about 60% of House members—246 to 178 (see and subject Clinton’s Yellowstone deal to tre in March 1995 requested that Yellowstone rollcall next week)—to vote in favor of his congressional scrutiny. be put on the List of the World Heritage in ‘‘American Land Sovereignty Protection But the administration’s Frampton dis- Danger due to the mine that was planned on Act’’ (H.R. 3753) on September 26, but be- missed these concerns. ‘‘People are nervous its perimeter. The World Heritage Centre fol- cause the bill didn’t get the two-thirds ap- the U.N. is coming,’’ he sniffed. He insisted lowed up with a letter to Frampton in June E1942 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 requesting a detailed analysis of the site to List is a product of the UNESCO Convention cause they are merely symbolic, Congress is determine whether it should be included for Concerning the Protection of the World Cul- entitled to think competing concerns also consideration as endangered at their July tural and National Heritage, a treaty taking deserve ‘symbolic’ recognition,’’ testified meeting in Paris. On June 27, Frampton re- precedence at law over the U.S. Constitu- Jeremy A. Rabkin, an expert in constitu- sponded on behalf of the Clinton administration. Since it was adopted in 1972 (the United tional law from Cornell University. ‘‘[The tion in a lengthy letter in which he pleaded States was its initiator and first signatory), bill] seems to me a modest but useful state- for intervention by the U.N. group and urged the convention has been used to project the ment that global enthusiasms should not be that international investigators imme- authority of a U.N. agency over an ever- allowed to run roughshod over our tradi- diately be sent to Yellowstone. growing list of officially designated cultural tional constitutional principles.’’ ‘‘[Interior] Secretary Babbit and I are in- and natural sites. Commemorative photos But if the American Land Sovereignty Pro- formed of the nongovernmental conservation are taken. Plaques are installed at qualify- tection Act of 1996 didn’t stand a chance this group concerns as transmitted to the Cen- ing locations. National sovereignty is erod- time around, and the bill, while it received a tre,’’ Frampton wrote to Bernd von Droste, ed. majority of votes, did not receive the two- the World Heritage Centre director. ‘‘We be- At present 496 cultural and natural sites thirds vote necessary for it to pass under the lieve that a potential danger to the values of throughout the world are included on the rules of suspension, it still is not a fight the park and surrounding waters and fish- list. They cover a diverse compendium, in- that’s finished. Young has vowed to keep the eries exists and the Committee should be including such buildings as Independence Hall, pressure on when the 105th Congress con- formed that the property as inscribed in the the Statue of Liberty and the Leaning Tower venes. World Heritage List is in danger.’’ of Pisa, and such areas of regional and na- ‘‘While I’m pleased that a strong majority In short, invoking a madcap treaty, the tional interest as the Florida Everglades and of the House supported this legislation, I’m Clinton administration accepted U.N. sov- Mount Everest. amazed that a single member of Congress ereignty in these matters and called upon a ‘‘Land designations under the World Herit- would oppose having congressional oversight U.N. agency to save Yellowstone. Several age and Biosphere Reserve programs have of international land designations within the months later four individuals from the Cen- been created with virtually no congressional borders of the United States,’’ Young says. tre flew to the rescue. ‘‘I was there the en- over-sight and no congressional hearings. Clinton administration claims of U.N. au- tire time they visited,’’ says Paul C. Jones, The public and local governments are rarely thority over Yellowstone and the Statue of executive director of the Minerals Explo- consulted,’’ says Young. Liberty are meanwhile continuing to give ration Coalition, a mining-advocacy group. Instead, in the case of the World Heritage conservatives a bad case of dyspepsia. ‘‘We were in the midst of a very long, very List, sites generally are recommended for f serious, congressionally mandated process to this internationalization by the National produce an environmental-impact statement Park Service. Twenty such sites are within CONFERENCE REPORT ON H.R. 3610, on the mine proposed for the park. We were the confines of the U.S. borders; two addi- DEPARTMENT OF DEFENSE AP- strictly following the rules as spelled out by tional sites, Yellowstone and the Everglades, PROPRIATIONS ACT, 1997 the National Environmental Protection Act. are on the list of endangered heritage sites. When suddenly, with the appearance of the Hundreds of additional sites around the U.N., what had been an ordinary process be- globe are pending inclusion on the list. If HON. THOMAS M. DAVIS came a political debate. And it was apparent neither the first McDonald’s nor Yankee Sta- OF VIRGINIA that these people had made up their minds dium has yet to be included, it could be an IN THE HOUSE OF REPRESENTATIVES before they even got there.’’ oversight. During their visit to the proposed site for Certainly the UNESCO folks are looking to Tuesday, October 22, 1996 New World Mine, north of Cooke City, Mont., improve their holdings. ‘‘An analysis of the the four visitors had the opportunity to World Heritage List has shown that the in- Mr. DAVIS. Mr. Speaker, I rise in support of interact with many of the more common dustrialized world, religious Christian move- the provision in the final Conference Agree- local species including environmentalists, ments, historical cities, historical periods ment to the FY 1997 Department of Defense park-service representatives and mining-in- and ‘elitist’ architecture are over-rep- (DOD) Appropriations Bill, which encourages dustry honchos. In fact, each member of the resented,’’ according to World Heritage Cen- the Department to pay particular attention to visiting U.N. team traveled in an overland tre documents. Well, so much for getting pediatric patients as it explores telemedicine vehicle (read Jeep) with their own locally McDonald’s on the list. initiatives that would provide cost-effective, ac- Now the World Heritage Centre is willing supplied good-guy environmentalist and evil cessible, and high quality services for DoD mine representative. This allowed for a con- to admit that for the moment it is a dog that tinuing dialogue to be maintained wherein barks but has no bite. It can’t yet force the beneficiaries. each side could bark loudly at the other. United States to do anything about its na- The Department of Defense in the past dec- The visitors also took time out from their tional parks or turn over the Statue of Lib- ade, has experienced many of the same chal- research to discuss the future of the park erty. But these people are nothing if not am- lenges confronting the Nation's private health with the many reporters who had gathered bitious. Although UNESCO admits that it care systemÐincreasing costs, uneven access from around the globe. Adul Wichiencharoen has no enforcement teeth (which begs the to health care services, and disparate benefit of Thailand, who heads the World Heritage question of why there should be such a list in and cost-sharing packages for similarly-situ- the first place), the Clinton administration Committee, went so far as to tell a reporter ated categories of beneficiaries. As DoD re- from Montana’s Billings Gazette that the first strongly asserted its desire that Yellow- park might be improved by the addition of stone be put on the endangered list and then sponds to these challenges, there is a particu- several million additional acres of land. opposed passage of Young’s bill, which would lar need to ensure that the transition to man- ‘‘Certainly the forest areas around Yellow- have taken nomination of sites to the World aged care for pediatric patients within the Mili- stone belong to the same ecosystem,’’ he Heritage List out from under the relatively tary Health Services System is handled with a said. ‘‘All of these lands must have protec- opaque operations of the Interior Depart- high level of professionalism and care. tion so their integrity is not threatened.’’ ment and placed them in the hands of Con- The requirements of a reformed health care The end result was that the visitors re- gress. delivery system and the emergence of new turned to the World Heritage Centre, pre- ‘‘If Congress wishes to micromanage these sented their findings in Berlin that Novem- international programs, it could assume that medical and information technologies have ber and the world body voted to place Yel- responsibility,’’ claimed Rep. George Miller radically changed the manner in which health lowstone on its lists of endangered sites. The of California, the senior Democratic member care is provided and delivered to pediatric pa- resulting international bad press effectively of the House Resources Committee. ‘‘How- tients. Therefore, it is critically important for derailed the permit process and in late Au- ever, it is very ironic that this Congress is the Department to develop a partnership with gust the mine owners agreed to a land swap willing to spend its waning days fixing pro- a pediatric hospital which has the proven ex- with the U.S. government, ridding them of grams that are not broken. . . .’’ pertise and track record in the diagnosis and Critics slap their heads, roll their eyes and their parcel of $65 million worth of property treatment of sick children. in a location yet to be determined. wonder if a treaty really has ceded American Where was Yogi Bear when he was needed? sovereignty over the Statue of Liberty and Children's National Medical Center (CNMC), It isn’t certain. But the circus of events that Independence Hall. They note with suspicion located in the Nation's capital, offers signifi- took place in the mountains was enough to the administration’s loathing of the pro- cant benefits to DoD and to countless citizens send House Resources Committee Chairman posed Young bill, going so far as to promise in Northern Virginia, Washington, DC, and Don Young of Alaska to urge passage of the a presidential veto had it passed. They ask Maryland. CNMC has had a longstanding rela- American Land Sovereignty Protection Act why we have Clinton protecting a list that tionship with the Department of Defense of 1996 faster than you could say Boutros supposedly doesn’t matter—from a bill that through collaboration with DoD facilities, and Boutros-Ghali. supposedly doesn’t matter. Young’s proposal simply provided that Some who testified in favor of the bill through the provision of patient care services Congress be allowed to assert its authority argue strongly that congressional oversight to a large number of military dependents and over what American landmarks make the is constitutional necessity. ‘‘If these inter- the children of DoD civilian employees. CNMC World Heritage List. The World Heritage national programs are seen as harmless be- currently has affiliation agreements with Walter October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1943 Reed Army Medical Center and Bethesda came the American Association of Homes and Mr. Speaker, one of the individuals who was Naval Medical Center. Through these relation- Services for the Aging. a young man in Budapest at the time of those ships, CNMC serves as a major regional From its earliest days, the association and tumultuous events four decades ago was Dr. source of training for military physicians, its members believed in a philosophy of care Charles Gati, who was one of the hundreds of nurses, technologists, therapists, and other al- and service to the Nation's elderly. Its leaders thousands of Hungarians who fled their coun- lied health professionals. coined the phrase ``social components of try in the aftermath of that tragic revolution. In recent years, CNMC has worked closely care'' to describe how significant both the nur- We are fortunate, indeed, to have him here as with DoD to develop pediatric quality assur- turing and spiritual aspects of long-term care an American today, one of our finest scholars ance criteria for emergency medical care serv- were in ensuring quality of care for residents and analysts of Central and Eastern Europe. ices to acutely ill and injured children who are of the Nation's health care and senior housing f military dependents referred by area military organizations. The association also pioneered medical treatment facilities. This pilot study in- the concept of resident decisionmaking, be- TRIBUTE TO DR. MARCO BRUNO volved the development and application of lieving in the right of residents of homes for AND JOSEPH ALESSI screening criteria designed to assess the proc- the aging to have a voice in their care and in ess and outcome of pediatric emergency care the activities of the facility. HON. WILLIAM J. MARTINI for head trauma, seizures and respiratory dis- The association's vision for the future is one OF NEW JERSEY tress due to upper airway construction. The in which every community offers an integrated IN THE HOUSE OF REPRESENTATIVES criteria was applied to a sample of six military and coordinated continuum of high quality, in- Monday, October 21, 1996 treatment facilities in the United States. The novative and affordable health care, housing findings from the study revealed specific as- and home, and community-based services. Mr. MARTINI. Mr. Speaker, as we approach pects of pediatric emergency medical care Within this framework the qualities of compas- October, National Italian-American Heritage which would benefit from clinical and/or ad- sion, benevolence, individual dignity, self-de- Month, being an Italian-American myself, I ministrative educational programs. termination, diversity, and social responsibility would like to commend two distinguished indi- Given the specific expertise which Chil- will be most highly valued. viduals from my congressional district for their dren's National Medical Center brings to pedi- As 1996 draws to a close, there are 5,000 dedication to increasing the awareness of Ital- atric health care, its longstanding successful full members of the AAHSA, 39 State associa- ian-American heritage. These two gentlemen, relationship with DoD, the National Institutes tion partners, and 800 affiliate members. Its Dr. Marco Bruno and Mr. Joseph Alessi, were of Health, and other Federal agencies in membership includes not only nursing homes recently recognized by the Belleville Chapter health policy and research matters, CNMC is and continuing care retirement communities, of UNICO National for their accomplishments. eminently qualified to work with DoD in estab- but also subsidized and market-rate housing Dr. Bruno is extremely active in the Italian- lishing a state-of-the-art telemedicine network for low- and moderate-income elderly as well American community. He is a founder and to ensure that pediatric military dependents as home and community-based service orga- charter member of the Center for Italian and have access to the most advanced standards nizations. The association sponsors a nation- Italian-American Culture, Inc. He has served of American health care. ally recognized accreditation program for con- as the center's vice president, a member of Telepediatrics demonstration of this nature tinuing care retirement communities and initi- the board of trustees, chairman of the mem- will provide DoD with otherwise inaccessible ated the International Association of Homes bership committee, participant and chairman state-of-the-art pediatric medical advice and and Services for the Aging to share the knowl- of several other cultural and fundraising activi- services to providers and their patients. It will edge of aging services across international ties. Currently, Dr. Bruno is serving his third also provide the broadest range of pediatric borders. year as president of the executive board. He specialty services allowing for the phased inte- From October 28 to 31, the AAHSA will hold is a member of the National Italian American gration of target specialties (trauma, radiology, its annual meeting in Philadelphia. In light of Foundation [NIAF]. Dr. Bruno has been a psychiatry), it will develop broad or segmented this organization's commitment to continuing member of Cedar Grove UNICO for over 10 demonstration of the utility of various telemedi- improvement in the care of our Nation's elder- years and has served as chairman of the Her- cine technologies in the field of pediatric medi- ly we are honored to host this event which will itage Committee. In addition, he has held the cine across the range of primary, chronic, and draw over 5,000 people to our city. Mr. Speak- offices of vice president and president. In acute care services, and it will demonstrate er, I ask that my colleagues join me in con- 1992, Dr. Bruno was honored as the Cedar the cost-effectiveness of telemedicine tech- gratulating this association on 35 years of Grove UNICO Man of the Year. His numerous nologies in enhancing the quality of services service to the Nation's elderly. activities with UNICO include various heritage and access to pediatric populations in urban, f programs, coordinator of the Columbus Day suburban, rural, and regionally dispersed, as Parade, Christmas Toy Drive, and director of well as transitional communities. THE 40TH ANNIVERSARY OF THE Italian language classes in Cedar Grove. He is Mr. Speaker, I strongly support the effort by 1956 HUNGARIAN REVOLUTION— a member of the UNICO Once Voice Commit- the Department of Defense to explore tele- REFLECTIONS OF CHARLES GATI tee and has assisted in the organization of medicine initiatives which will bring new in- Italian-American Heritage Day at Montclair sights and services to the care of pediatric pa- HON. TOM LANTOS State College, and the One Voice Seminar at tients. OF CALIFORNIA Seton Hall University. Finally, Mr. Speaker, Dr. f IN THE HOUSE OF REPRESENTATIVES Bruno has most recently served as co-chairman of the A±T Children's Project Family Day TRIBUTE TO THE AMERICAN ASSO- Monday, October 21, 1996 fundraiser. CIATION OF HOMES AND SERV- Mr. LANTOS. Mr. Speaker, as we approach Mr. Speaker, the second notable Italian- ICES FOR THE AGING ON THEIR the end of October, we will mark the 40th an- American, Joseph Alessi served as Essex 35TH ANNIVERSARY niversary of the outbreak of the 1956 Hungar- County Condemnation Commissioner and an ian Revolution. This is a particularly significant Arbitrator for the Essex County Court Special HON. THOMAS M. FOGLIETTA event because that uprising of the Hungarian Civil Part. He became a member of Cedar OF PENNSYLVANIA people against communism and against the Grove UNICO in 1986 and served as presi- IN THE HOUSE OF REPRESENTATIVES Soviet domination of the Hungarian nation was dent from 1988 to 1990. He founded the Herit- one of the most dramatic and critical events of age Committee of Cedar Grove UNICO and Monday, October 21, 1996 the cold war era. was instrumental in procuring educational vid- Mr. FOGLIETTA. Mr. Speaker, I rise today As we reach the last days of October when eos on Italian heritage. Mr. Alessi served on to pay special tribute to the American Associa- the dramatic events unfolded 40 years ago, it the UNICO scholarship committee and was tion of Homes and Services for the Aging who is appropriate that we here in the United active in various fundraising events. He was will celebrate their 35th anniversary this Octo- StatesÐand particularly that we as Members appointed to the honorary advisory committee ber in Philadelphia. of CongressÐremember the events of 1956. It for the Newark Public Library's International On November 26, 1961, a group of dedi- is most appropriate that we pay tribute to the Cultural Festival in Italy. Mr. Alessi serves with cated long-term care professionals met for 4 brave people of Hungary who rose up against Dr. Bruno as a trustee for the Center for Ital- days at New York's Arden House to discuss Soviet tanks and the heavily armed Red Army ian and Italian-American Culture. In addition, the future role and mission of nonprofit provid- in an effort to win their freedom and regain he also holds the position as co-chairman of ers in long-term care. Out of those discussions their national independence. the center's annual gala. Finally, Mr. Alessi is E1944 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 a member of One-Voice, an organization the compact and its operation are fully consist- Eighth Congressional District of New Jersey, founded by Dr. Emanuel A. Alfano, who is ent with the State regulation of insurance as Dr. Armand Leone. dedicated to eradicating negative Italian set forth in the McCarran-Ferguson Act of Dr. Leone has given a great deal of time stereotyping and defamation. 1945. The compact facilitates and enhances and care to the people of Paterson through his Mr. Speaker, I cannot express enough ap- what the States are already doing. It merely undying service at Wayne General Hospital. A preciation and admiration for these two gentle- allows them to do so more efficiently. native of Paterson, Dr. Leone began his medi- men. They have already contributed more to Second, the terms of the compact clearly cal career in his hometown after graduating their communities than most people could establish that there is no usurpation of any from New York Medical College in 1947. His even dream of accomplishing in a lifetime. Federal prerogative by the compact and there first position was as a rotating intern at Wayne Their actions and characters carry the highest is no unlawful delegation of State authority to General, followed by a residency in pathology. level of integrity and should be noted by all. the compact or its commission. The drafter of With these experiences, Dr. Leone realized his Mr. Speaker, Italian-Americans have suffered the compact carefully provided that each State inner calling to practice at Wayne General many hardships over the years, and it is would have the opportunity and ability to with- Hospital. thanks to individuals such as Dr. Bruno and draw from the compact if it should decide to Next, Dr. Leone served as the first radiology Mr. Alessi that we begin to reestablish our rich do so. In addition, each State has the ability resident at St. Barnabas Hospital. His enthu- and notable heritage. Thank you gentlemen, to opt out of a rule promulgated by the com- siasm and dedication led him to serve a resi- and may you continue your noble efforts to pact commission if that State finds the rule to dency in radiation therapy and two preceptor- propel the heritage of Italian-Americans. be undesirable. ships in nuclear medicine. Dr. Leone fulfilled f Interstate compacts have made an impor- his practicing desire in 1951 when he was ap- tant contribution to the ability of the States to pointed to the medical staff of Wayne General THE INTERSTATE INSURANCE HospitalÐthen Paterson General. Later, he RECEIVERSHIP COMPACT govern and to regulate, and, therefore, to the constitutional system of federalism. Many was appointed clinical professor at New York compacts have received explicit congressional Medical College in Westchester. Currently, Dr. HON. CARLOS J. MOORHEAD consent. Many others have not received con- Leone serves as chairman of the department OF CALIFORNIA sent because the law, as interpreted by the of radiology at Wayne General and chairman IN THE HOUSE OF REPRESENTATIVES U.S. Supreme Court, does not require it. The of the Wayne General Hospital Foundation. Mr. Speaker, it is overwhelmingly apparent Monday, October 21, 1996 testimony, letters of support, and the language that Dr. Leone's dedication to the practice of Mr. MOORHEAD. Mr. Speaker, the Inter- of the compact itself have now convinced me medicine warrants utmost admiration. His de- state Insurance Receivership Compact is the that the Interstate Insurance Receivership votion to Wayne General Hospital and the in- product of the efforts of a group of state insur- Compact is one of those compacts that does dividuals it serves goes above and beyond the ance regulators and legislators that were con- not require the explicit consent of Congress. call of normal doctors. I applaud the achieve- cerned about the problems that have been f presented by the administration of multistate ments of Dr. Armand Leone and wish him insurance receiverships. After examining the TRIBUTE TO CLAREMONT many more years of excellence in practicing compact and its plan of operation, I became MCKENNA COLLEGE medicine. convinced that the compact would make an f important contribution to the regulation of in- HON. DAVID DREIER SOUTH DADE/HOMESTEAD MOTOR- surance by the States. As a result, I intro- OF CALIFORNIA SPORTS EXHIBITION CENTER duced House Joint Resolution 189 for the pur- IN THE HOUSE OF REPRESENTATIVES pose of granting the explicit consent of Con- Monday, October 21, 1996 HON. PETER DEUTSCH gress to the compact. I have come to believe, OF FLORIDA Mr. DREIER. Mr. Speaker, I want to take however, that the Interstate Insurance Receiv- IN THE HOUSE OF REPRESENTATIVES ership Compact does not actually require con- this opportunity to salute my alma mater on Monday, October 21, 1996 gressional consent to be valid. the occasion of its 50th anniversary. The compact has now been adopted by four Claremont McKenna College was founded Mr. DEUTSCH. Mr. Speaker, I want to join States, in addition to my home State of Cali- in 1946. Most of its students were returning my colleagues from south Florida in support of fornia, Illinois, Michigan, Nebraska, and New veterans who were given a chance to earn a a new, significant economic development Hampshire. The compact is in the process of college education thanks to the GI bill. project which is planned for Homestead, FL. organizing its commission and establishing its Those young men, including my father, were This project involves the establishment of a rules so that it can fulfill its intended purpose determined to take the lessons of war and Motorsports Exhibition and Education Center of facilitating the open, fair, and efficient ad- build a peaceful and prosperous Nation. as part of the existing South Dade/Homestead ministration of insurance receiverships that Founding President George Benson, who Motorsports Complex. have a multistate impact. will celebrate his 89th birthday in January, Mr. Speaker, in 1992, Homestead and A hearing on House Joint Resolution 189 kept Claremont McKenna College focused on South Dade County experienced extreme took place before the Commercial and Admin- its mission to educate young men and women damage from Hurricane Andrew which de- istrative Law Subcommittee of the Judiciary for responsible leadership in business and stroyed countless homes and businesses. In Committee of the House of Representatives government. the years since the hurricane, we in south on September 18, 1996. The testimony pre- Today, Claremont McKenna is recognized Florida have worked hard to restore and revi- sented at the hearing, and the written submis- as one of the Nation's finest colleges and en- talize the economy of this community. It takes sions received both before and after the hear- rolls nearly a thousand students from across a true partnership of government and business ing, were, without exception, supportive of the the country and the world. to make such an economic recovery. The Mo- compact and in some cases, enthusiastic. Among its graduates are leaders in busi- torsports Exhibition Center is an example of Testimony was personally presented by Sen- ness, the arts, education, science, medicine, such a partnership. The city of Homestead ator Leo Fraser, of New Hampshire, a legisla- and of course, public service. and a number of businesses involved in the tor who was instrumental in advocating the I am proud to be a graduate of Claremont Motorsports Speedway have joined together in compact concept, and Robert Lange, director McKenna College and invite my colleagues to a nonprofit foundation to seek funding for es- of insurance of the State of Nebraska and the join me in saluting a remarkable institution. tablishment of the exhibition center which is first chairman of the compact commission. f expected to draw some half million tourists to Written testimony was submitted by Peter the Motorsports Complex each year. The Gallanis, special deputy receiver for the State TRIBUTE TO DR. ARMAND LEONE project will create hundreds of jobs throughout of Illinois. In addition, Gov. Jim Edgar, of Illi- the South Dade area. nois, and Gov. Ben Nelson, of Nebraska, HON. WILLIAM J. MARTINI Mr. Speaker, the city of Homestead has in- wrote to Judiciary Chairman HENRY HYDE and OF NEW JERSEY dicated that it plans to approach the Economic expressed their active support for the agree- IN THE HOUSE OF REPRESENTATIVES Development Administration [EDA] for partial ment. Significantly, no opinions to the contrary funding of the Exhibition Center. We are hope- Monday, October 21, 1996 were expressed at the hearing. ful that the agency will move expeditiously to A number of important points were made in Mr. MARTINI. Mr. Speaker, I rise today to review the project so that it may consider support of the compact. First, the purpose of pay tribute to an outstanding individual of the funding in fiscal year 1997. October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1945 Finally, Mr. Speaker, I want to express my I urge my colleagues to read and study this threshold). The property rights position was support for the job that EDA has been doing index to learn more about the concerns of pri- a NO. in Florida and around the country in address- vate property rights advocates. HOUSE VOTE #5: PRIVATE PROPERTY RIGHTS ing local economic development needs. I look UNITED STATES HOUSE OF REPRESENTATIVES H.R. 925 would require federal agencies to compensate private property owners for fed- forward to working with the EDA officials in The votes listed below show how the House eral actions taken under the Endangered supported (S) or opposed (O) the League of our region on the Motorsports Exhibition Cen- Species Act, the Wetlands provisions of the Private Property Voters position. A descrip- ter project. Clean Water Law and the 1985 Farm Bill, and tion of each vote is listed below along with f certain laws affecting Western water rights the scorecard. You will gain the greatest benefit by first that reduce the value of any section of their TRIBUTE TO DAUGHTERS OF properties by 20 percent or more. If a regula- looking up your Representative to see what MIRIAM CENTER tion took 50% or more of the property value, his private property score was on the right the landowner would be able to force the side of the scorecard. Then read each vote government to buy out his property. H.R. 925 HON. WILLIAM J. MARTINI description. The league private property po- passed 277–148 on March 3, 1995. The Presi- OF NEW JERSEY sition listed near the top of the scorecard dent’s position was a no vote. Private prop- shows how we believe your Representative IN THE HOUSE OF REPRESENTATIVES erty advocates voted YES. should have voted on each issue. Check to Monday, October 21, 1996 # see whether you Representative supported HOUSE VOTE 6: EMERGENCY HARVEST OF DEAD Mr. MARTINI. Mr. Speaker, I rise today to (S) or opposed (O) the League private prop- AND DYING TREES ON FEDERAL LANDS pay tribute to The Daughters of Miriam Center, erty position. During the last five years a net of 21 billion board feet of dead and dying timber has a nonprofit geriatric and rehabilitation center, U.S. HOUSE VOTES accumulated on Forest Service lands nation- which will be celebrating 75 years of excel- HOUSE VOTE #1: WEAKENING UNFUNDED wide. Unfortunately, existing federal bar- lence, with the opening of the Gallen Institute MANDATE REFORMS riers have prevented these trees from being for Subacute Care on October 27, 1996. H.R. 5 requires a Congressional Budget Of- harvested before they deteriorate and lose Mr. Speaker; as you know, one of America's fice cost analysis and specifics on how a bill commercial value. They merely rot and pro- greatest assets is the wisdom of our seniors. or regulation would be financed on any vide no employment for rural timber econo- As Supreme Court Justice Felix Frankfurter measure imposing costs of more than $50 mies and increase the cost of forest products once said, ``Wisdom too often never comes, million on state and local governments. Rep- used to build houses. H.R. 1158, the Emer- resentative James Moran (D–VA) offered a and so one ought not to reject it merely be- gency Supplemental Appropriations and Re- substitute amendment to severely weaken scissions bill, contained a common sense pro- cause it comes late.'' The Daughters of Miriam H.R. 5 by removing a provision in the bill vision by Representatives Charles Taylor (R– Center realizes the same sentiments that Jus- blocking the consideration of legislation NC) and Don Young (R–AK) which estab- tice Frankfurter once espoused. The 13 acre that does not provide money for meeting a lished expedited procedures for removing Daughters of Miriam Center campus consists federal mandate. The Moran substitute was these dead and dying trees while still retain- of 340 beds with various services available to rejected February 1, 1995 on a 152–278 vote. ing important environmental safeguards. An over 700 elderly persons. Private property rights supporters voted NO. amendment by Rep. Sidney Yates (D–IL) to Mr. Speaker, the Daughters of Miriam Cen- HOUSE VOTE #2: REGULATORY MORATORIUM strike the Taylor-Young provisions and thus ter was founded in 1921 by Nathan Bennet, a H.R. 450 would temporarily prohibit federal retain existing barriers to harvesting these former Paterson mayor. It served as a shelter agencies from implementing new federal reg- trees was defeated on March 15, 1995 by a 150– 275 vote. Private property rights supporters for elderly persons and orphaned children. ulations. The freeze would be in effect until December 31, 1995, or when the regulatory re- voted NO. Today, the Daughters of Miriam Center is ac- visions in the ‘‘Contract With America’’ were HOUSE VOTE #7: WETLANDS DEFINITION AND knowledged as one of the leading facilities in enacted, whichever is sooner, and would COMPENSATION the Nation for the care of the elderly. It offers retroactively cover regulations proposed or H.R. 961 is a bill to revise the Clean Water a nursing facility, subacute unit, the Gallen In- put into effect since November 20, 1994. The Act and regulation of wetlands. The Boehlert stitute for Subacute Care, sheltered workshop, bill would exempt routine regulations and Amendment (Sherwood Boehlert (R–NY)) medical day care, program for the elderly with those that address an ‘‘imminent threat to would have gutted H.R. 961. It would have outpatient alzheimer disease unit, two apart- health or safety.’’ H.R. 450 passed 276–146 on broadened the definition of wetlands to cover ment buildings which offer congregate serv- February 24, 1995. The President’s position more land and eliminated the provisions of was a no vote. Private property advocates the bill that would require federal compensa- ices, and the B.I. Cohen Family Building. voted YES. Mr. Speaker; on behalf of my colleagues in tion for private landowners affected by wet- HOUSE VOTE #3: STRENGTHENING RISK ASSESS- lands regulation. This amendment was sup- Congress, I wish the Daughters of Miriam MENT AND COST/BENEFIT ANALYSIS FOR NEW ported by 39 moderate Republicans and op- Center success in the opening of the new REGULATION ACT posed by 51 conservative Democrats. The Gallen Institute and another 75 years of con- H.R. 1022 requires that any new regulations Boehlert Amendment was defeated 185–242 on tinued success. affecting the environment, health and safety May 16, 1995. The private property vote was f that would likely cost the economy more a NO. than $25 million annually must first undergo HOUSE VOTE #8: MORE FUNDING FOR CONVERT- PRIVATE PROPERTY an assessment of risk and the relative costs ING PRIVATE PROPERTY INTO FEDERAL PROP- CONGRESSIONAL VOTE INDEX and benefits. Representatives Joe Barton (R– ERTY TX), Mike Crapo (R–ID) and Billy Tauzin (D– H.R. 1977, the FY 1996 Interior Appropria- SPEECH OF LA) offered an amendment to strengthen tions bill, contained $51 million for federal HON. WES COOLEY H.R. 1022 by establishing a process whereby agencies to acquire only the highest priority citizens could petition federal agencies to re- lands for national parks, national forests and OF OREGON view EXISTING regulations. The Barton- wildlife refuges. Representative George Mil- IN THE HOUSE OF REPRESENTATIVES Crapo-Tauzin Amendment was rejected on a ler (D–CA) offered an amendment to increase Friday, October 4, 1996 206–220 vote on February 28, 1995. Private this amount by $183 million which is offset property rights advocates voted YES. by a corresponding cut in fossil fuel research Mr. COOLEY. Mr. Speaker, today I bring to HOUSE VOTE #4: PRIVATE PROPERTY RIGHTS—30 and development funding. The Miller Amend- my colleague's attention the 1995±96 Private PERCENT THRESHOLD ment was defeated 170–253 on July 13, 1995. Property Rights Congressional Vote Index cre- H.R. 925 was a private property rights bill Private property rights supporters voted NO. ated and published by the League of Private that would provide for landowners to be com- HOUSE VOTE #9: FUNDING FOR NATIONAL TRUST Property Voters in Battle Ground, WA. pensated for the loss of the use of their land FOR HISTORIC PRESERVATION This index, first published in 1990, was de- caused by federal regulations. The Goss An amendment to the Fiscal year 1996 In- veloped in response to actions of Federal Amendment (Porter Goss (R–FL)) would terior Appropriations bill (H.R. 1977) by Rep. agencies that result in the taking of private have weakened H.R. 925 in two ways. First it Tim Hutchinson (R–AR) would have elimi- property without just compensation. The cur- would have raised the threshold to 30% from nated the $3.5 million provided in the bill for rent index is sponsored by several hundred 10% before the bill would kick in and require the National Trust for Historic Preservation. grassroots-wise use and private property compensation to the landowner. Second, the The House Appropriations Committee had al- Goss Amendment would have required that ready decided to defund the trust over 2 rights groups. Among the Oregon cosponsors the 30% apply to all the landowners prop- years but the Hutchinson Amendment would are Oregon Cattlemens Association, Oregon erty, not just the portion affected by the reg- have cut the funds immediately. The Hutch- Farm Bureau, Oregon Lands Coalition, Orego- ulation as stated in H.R. 925. The Goss inson Amendment was defeated 129–281 on nians for Food and Shelter, and Oregonians in Amendment was defeated 210–211 on March 2, July 13, 1995. The private property position Action. 1995 (the House eventually settled on a 20% was YES. E1946 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996

HOUSE VOTE #10: EAST MOJAVE NATIONAL Development and Independent Agencies con- well recognized financial and other problems PRESERVE MANAGEMENT tained 17 anti-regulatory provisions (called in the National Parks. The agency is billions Congress passed the California Desert Act riders) to reign in excesses by the EPA. Of of dollars behind in deferred maintenance as one of the last things it did in the 103rd greatest interest to private landowners were and land acquisition. The Hansen bill only Congress in 1994. In 1995, Representative riders dealing with the Clean Water Act’s on- asked the Park Service to make rec- erous wetlands program. Representatives Jerry Lewis (R–CA) inserted a provision in ommendations for changes. It did not make Sherwood Boehlert (R–NY) and Louis Stokes the FY 1996 Interior Appropriations bill any immediate changes. However, in the new (D–OH) offered an amendment to strike the (H.R. 1977) that kept management of the highly partisan House the proposal was de- East Mojave National Preserve in the hands 17 anti-regulatory riders from H.R. 2099. The feated 180 to 231 on September 19, 1995. A no of the Bureau of Land Management instead House, which had approved the Boehlert- of turning it over to the National Park Serv- Stokes Amendment three days earlier, re- vote was in support of the President’s posi- ice as planned in the California Desert Act. jected it on July 31, 1995 on a 210–210 tie vote. tion. Private property advocates voted YES. Rep. Vic Fazio (D–CA) offered an amendment A yes vote supported the Clinton Adminis- HOUSE VOTE #15: MINING PATENTS to turn the area over to the National Park tration’s position. Private property rights Service and transfer $600,000 given to the supporters voted NO. The House added an amendment to the FY BLM to manage the area to the Park Serv- HOUSE VOTE #13: POLITICAL ADVOCACY 1996 Interior Appropriations bill (H.R. 1977) ice. The Fazio Amendment was defeated by a RESTRICTIONS extending the moratorium on mining patents vote of 174–227 on July 13, 1995. The private The Skaggs Amendment (David Skaggs (D– for another year. The Senate rejected this property rights provision was a NO vote. C)) aimed to strike from the Labor-HHS Ap- amendment and substituted an amendment # HOUSE VOTE 11: NO MORE ROADS IN FOREST propriations bill (H.R. 2127) language opposed which ended the moratorium and raised the SERVICE ROADLESS AREAS by liberals that prohibits any Federal grant price charged for a patent to fair market from going to any group that has spent over Rep. Joseph Kennedy (D–RI) offered an value. The conference committee concurred 5% of its annual non-governmental income amendment to the FY 1996 Interior Appro- with the Senate. Representative Sidney priations bill to stop the Forest Service from in any of the previous five years on political Yates (D–IL) offered a motion on the House constructing roads or preparing timber sales advocacy, including lobbying. The Skaggs in roadless areas of 3,000 acres or more. Amendment was defeated 187 to 232. The pri- floor to recommit the FY 1996 Interior Ap- These areas have not been designated by vate property position was a NO. propriations bill (H.R. 1977) to the House- Congress as Wilderness and should not be HOUSE VOTE #14: NATIONAL PARK SYSTEM Senate conference committee with instruc- managed as such unless Congress determines OVERHAUL tions to include a one year ban on expending otherwise. The Kennedy Amendment was de- H.R. 260 offered by Rep. James Hansen (R– money for processing or granting mining feated by a vote of 155–255 on July 18, 1995. UT) would direct the Interior Secretary to patents. The Yates motion passed 277–147 on Private property rights advocates voted NO. prepare a review of National Park Service September 29, 1995. A vote for the motion HOUSE VOTE #12: CONTROLLING EXCESSES OF operations within two years of enactment was a vote to deny many mining claimants THE ENVIRONMENTAL PROTECTION AGENCY (EPA) and make recommendations to Congress on their property rights. A no vote was the vote H.R. 2099, the bill funding Veterans Admin- improvements such as closing parks or to protect property rights (See vote #6 in the istration, Department of Housing and Urban changing management practices. There are Senate). HOUSE SCOREBOARD [House key: S: Supported private property position; O: Opposed private property position; X: House Speaker excused himself from voting; ?: Did not vote; I: Ineligible to vote at the time]

Private property position N Y Y N Y N N N Y N N N N Y N Percent support Congressman (votes) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 When voting All votes

ALABAMA Bachus S (R) ...... S S S S S S S S O S S S S O S 87 87 Bevill T (D) ...... S S S S S S S S O O S O O O O 60 60 Browder G (D) ...... S S S S S S S S O O S S O O O 67 67 Callahan S (R) ...... S S S S S S S S O S S S S S S 93 93 Cramer R (D) ...... S S S S S S S S O O S S O O O 67 67 Everett T (R) ...... S S S S S S S S S S S S S S S 100 100 Hillard E (D) ...... O O O O S O S O O O S O O O O 20 20 ALASKA Young D (R) ...... S S S S S S S S O S S ? ? S S 92 80 ARIZONA Hayworth J (R) ...... S S S S S S S S S S S S S S S 100 100 Kolbe J (R) ...... S S O O S S O S O S S S S S S 73 73 Pastor E (D) ...... O O O O O O O O ? O O O O O S 7 7 Salmon M (R) ...... S S S S S S S S S S S S S S S 100 100 Shadegg J (R) ...... S S S S S S S S S S S S S S S 100 100 Stump B (R) ...... S S S S S S S S S S S S S S S 100 100 ARKANSAS Dickey J (R) ...... S S S S S S S S S S S S S S S 100 100 Hutchinson T (R) ...... S S S S S S S S S S S S S O S 93 93 Lincoln B (D) ...... S S O O S S S O O S S S O O O 53 53 Thornton R (D) ...... O O O S S S O O O O S O O O O 27 27 CALIFORNIA Baker B (R) ...... S S S S S S S S S S S S S S S 100 100 Becerra X (D) ...... ? ? O O O O O O ? O O ? O O O 0 0 Beilenson A (D) ...... O O O O O O O O O O O O O O O 0 0 Berman H (D) ...... O O O O O O ? O O O O O O O O 0 0 Bilbray B (R) ...... S S S O S S S S S S S S S O S 87 87 Bono S (R) ...... S S S S S S S ? ? ? S S S ? S 100 73 Brown G (D) ...... O O O ? ? O O O O O O O O O O 0 0 Calvert K (R) ...... S S S S S S S S O S S S S S S 93 93 Condit G (D) ...... S S S S S O S S S S O S S O S 80 80 Cox C (R) ...... S S S S S S S S S S S S S S S 100 100 Cunningham R (R) ...... S S S S S S S S S S S S S S O 93 93 Dellums R (D) ...... O O O O O O O O O O O O O O O 0 0 Dixon J (D) ...... O O O O O O O O O O O O O O O 0 0 Dooley C (D) ...... S S S O S S S S O O S S ? O O 64 60 Doolittle J (R) ...... S S S S S S S S S S S S S S S 100 100 Dornan R (R) ...... S S S S ? S S S S S S S S S S 100 93 Dreier D (R) ...... S S S S S S S S S S S S S S S 100 100 Eshoo A (D) ...... O O O O O O O O O O O O O O O 0 0 Farr S (D) ...... O O O O O O O O O O O O O O O 0 0 Fazio V (D) ...... O S O O S ? S O O O S O O O O 29 27 Filner B (D) ...... O O O O O O O O O O O O ? O O 0 0 Gallegly E (R) ...... S S S S S S S S O ? S S S S S 93 87 Harman J (D) ...... S S O O S O O O O O O O O O O 20 20 Herger W (R) ...... S S S S S ? S S S S S S S S S 100 93 Horn S (R) ...... S S S ? S S S S O O O O O S O 57 53 Hunter D (R) ...... ? S ? S S S S S S S S S S S S 100 87 Kim J (R) ...... S S S S S S S S S S S S S S S 100 100 Lantos T (D) ...... O O O O S O O O O O O O O ? O 7 7 Lewis J (R) ...... S S S S S S S S O S S S S S S 93 93 Lofgren Z (D) ...... O O O O O O O O O O O O O O O 0 0 Martinez M (D) ...... S O O ? S S S O ? ? O O O O O 33 27 Matsui R (D) ...... O O O O O O O O O O O O O O O 0 0 October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1947 HOUSE SCOREBOARD—Continued [House key: S: Supported private property position; O: Opposed private property position; X: House Speaker excused himself from voting; ?: Did not vote; I: Ineligible to vote at the time]

Private property position N Y Y N Y N N N Y N N N N Y N Percent support Congressman (votes) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 When voting All votes

McKeon H (R) ...... S S S S S S S S S S S S S S S 100 100 Miller G (D) ...... O O ? O O O O O O O O O O S O 7 7 Mineta N (D) ...... O O O O O O O O O O O O O S O 7 7 Moorhead C (R) ...... S ? O S S S S S S S S S S S S 93 87 Packard R (R) ...... S S S S S S S S O S S S S S S 93 93 Pelosi N (D) ...... O O O O O O O O O O O O O S O 7 7 Pombo R (R) ...... S S S S S S S S S S S S S S S 100 100 Radanovich G (R) ...... S S S S S S S S O S S S S S S 93 93 Riggs F (R) ...... S S S S S S S S O S S S S S S 93 93 Rohrabacher D (R) ...... S S S S S S S S S S O S S S O 87 87 Roybal-Allard L (D) ...... O O O O O O O O O O O O O O O 0 0 Royce E (R) ...... S S S S S S S S S S S S S S O 93 93 Seastrand A (R) ...... S S S S S ? S S S S S S S S S 100 93 Stark P (D) ...... O O O O O O O O O O ? ? O S O 8 7 Thomas B (R) ...... S S S S S S S S S S S S S S S 100 100 Torres E (D) ...... O O O O O O O O ? O O O O O O 0 0 Tucker W (D) ...... O O O O O S O O O O O ? O ? ? 8 7 Waters M (D) ...... O O O O O O O O O O O O O O O 0 0 Waxman H (D) ...... O O O O O O O O O O O O O O O 0 0 Woolsey L (D) ...... O O O O O O O O O O O O O O O 0 0 COLORADO Allard W (R) ...... S S S S S S S S S S S S S S S 100 100 Hefley J (R) ...... S S S S S S S S O S S S S S S 93 93 McInnis S (R) ...... S S S S S S S S S S S S S O S 93 93 Schaefer D (R) ...... S S S S S ? S S O S S S S S S 93 87 Schroeder P (D) ...... O O O O O O O O O O O O O O O 0 0 Skaggs D (D) ...... O O O O O O O O O O O O O O O 0 0 CONNECTICUT DeLauro R (D) ...... O O O O O O O O O O O O O O O 0 0 Franks G (R) ...... S S S S S S S S S O S O S S O 80 80 Gejdenson S (D) ...... O O O O O O O O O O O O O ? 0 0 0 Johnson N (R) ...... S S O O O S O S O S O O S S O 47 47 Kennelly B (D) ...... O O O O O O O O O O O O O O O 0 0 Shays C (R) ...... S S 0 0 0 0 0 0 S 0 0 0 0 0 0 20 20 DELAWARE Castle M (R) ...... S S O O O S O S O S O O S S O 47 47 FLORIDA Bilirakis M (R) ...... S S S O S S S S S S O S S O O 73 73 Brown C (D) ...... O O O O O S O O O O O O O ? O 7 7 Canady C (R) ...... S S S S S S S S S S S S O S O 87 87 Deutsch P (D) ...... S ? O O O O O O O O O O O O O 7 7 Diaz-Balart L (R) ...... S S O S S S O S O S S O S O O 60 60 Foley M (R) ...... S S O O S S S S O S S S S O O 67 67 Fowler T (R) ...... S S O O S S S S O S S S S ? O 71 67 Gibbons S (D) ...... O ? O O O O O O O O O O O O O 0 0 Goss P (R) ...... S S O O O S O S O S S O S O O 47 47 Hastings A (D) ...... O O O O O O O O O O O O O O O 0 0 Johnston H (D) ...... O O O O ? O O O O O O O O S O 7 7 McCollum B (R) ...... S S S S S S S S S S S S S O O 87 87 Meek C (D) ...... O ? O O O O O O O O O O O O O 0 0 Mica J (R) ...... S S S S S S S O O S S S S S S 87 87 Miller D (R) ...... S S O O O S S S O S O S S S O 60 60 Peterson P (D) ...... O S S O S S O O O O S O O O O 33 33 Ros-Lehtinen I (R) ...... S S O O S S O S O S S O S O O 53 53 Scarborough J (R) ...... ? S S S S S S S ? ? S O S O O 75 60 Shaw E (R) ...... S S O O S S S S O S O O S S O 60 60 Stearns C (R) ...... S S S S S S S S S S ? S S S S 100 93 Thurman K (D) ...... O S S O S S O O O O S ? ? O O 38 33 Weldon D (R) ...... S S S S S S S O S S S S S S S 93 93 Young C (R) ...... S S S O S S O S S S S O S O O 67 67 GEORGIA Barr B (R) ...... S S S S S S S S O S S S S S S 93 93 Bishop S (D) ...... O O S O S S S O O O S O O O O 33 33 Chambliss S (R) ...... S S S S S S S S S S S S S S S 100 100 Collins M (R) ...... S S S S S S S S S S S S S S S 100 100 Deal N (R) ...... S S S S S S S S O S S S S O O 80 80 Gingrich N (R) ...... X X X X X X X X X X X X X X X NA NA Kingston J (R) ...... S S 0 S S S S S O S S S S O O 73 73 Lewis J (D) ...... O O O O O O O O O O O O O O O 0 0 Linder J (R) ...... S S S S S S S S S S S S S S O 93 93 McKinney C (D) ...... O O O O ? O O O O O O O O O O 0 0 Norwood C (R) ...... S S S S S S S S 0 S S S S S S 93 93 HAWAII Abercrombie N (D) ...... O O O O O O O O O O O O O S O 7 7 Mink P (D) ...... O O O O O O O O O O O O O O O 0 0 IDAHO Chenoweth H (R) ...... S S S S S S S S S S S S ? ? S 100 87 Crapo M (R) ...... S S S S S S S S S S S S S S S 100 100 ILLINOIS Collins C (D) ...... O O O O ? O ? O O O O O O O ? 0 0 Costello J (D) ...... O ? S O S S S S O ? O O O O O 38 33 Crane P (R) ...... S S S S S S S S S S ? S S S S 100 93 Durbin R (D) ...... O O O O S O O S O O O O O O O 13 13 Evans L (D) ...... O O O O O O O O O O O O O O O 0 0 Ewing T (R) ...... S S S S S S S S S S S S S S O 93 93 Fawell H (R) ...... S S O S S S O S S S O O S S O 67 67 Flanagan M (R) ...... S S S S S S S S S S S S S S S 100 100 Gutierrez L (D) ...... O O ? O O O O O O O O O O O O 0 0 Hastert D (R) ...... S S S S S S S S S S S S S S S 100 100 Hyde H (R) ...... S S S S S S S S S S S S S S S 100 100 LaHood R (R) ...... S S S S S S S S O S S S O O S 80 80 Lipinski W (D) ...... O S ? O O O ? S S ? S O O O O 33 27 Manzullo D (R) ...... S S O S S S S S S S S S S S O 87 87 Porter J (R) ...... S S O O O O O S S O O O S O ? 36 33 Poshard G (D) ...... S S S O S S S S O O O S O O O 53 53 Reynolds M (D) ...... O O O O S O O ? ? ? ? ? ? ? ? 14 7 Rush B (D) ...... O ? ? O O O O O O O O O O O O 0 0 Weller J (R) ...... S S S S S S S S S S S S S S O 93 93 Yates S (D) ...... O O O ? O O O O O ? O ? O O O 0 0 INDIANA Burton D (R) ...... S S S S S S S S S S S S S S S 100 100 E1948 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 HOUSE SCOREBOARD—Continued [House key: S: Supported private property position; O: Opposed private property position; X: House Speaker excused himself from voting; ?: Did not vote; I: Ineligible to vote at the time]

Private property position N Y Y N Y N N N Y N N N N Y N Percent support Congressman (votes) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 When voting All votes

Buyer S (R) ...... S S S S S S S S O S S S S S ? 93 87 Hamilton L (D) ...... S S O O S S S O O O S O O O O 40 40 Hostettler J (R) ...... S S S S S S S S S S S S S S S 100 100 Jacobs A (D) ...... S S O O S O O O O O S O O O O 27 27 McIntosh D (R) ...... S S S S S S S S S S S S S S S 100 100 Myers J (R) ...... S S S S S S S S O S S S S S S 93 93 Roemer T (D) ...... S S O O S S S S O O S S O O O 53 53 Souder M (R) ...... S S S S S S S S S S O S S O O 80 80 Visclosky P (D) ...... O O O O O O O O S S O O O O O 13 13 IOWA Ganske G (R) ...... S S O S S S S S O S S S S S O 80 80 Latham T (R) ...... S S S S S S S S S S S S S S O 93 93 Leach J (R) ...... S S O O S S S O O S O O O O O 40 40 Lightfoot J (R) ...... S S S S S S S S O S S S S S S 93 93 Nussle J (R) ...... S S S S S S S S S S S S S S S 100 100 KANSAS Brownback S (R) ...... S S S S S S S S S S S S S O S 93 93 Meyers J (R) ...... S S O O S O O O O O O ? S S O 36 33 Roberts P (R) ...... S S O S S S S S S S S S S S S 93 93 Tiahrt P (R) ...... S S S S S S S S S S S S S S S 100 100 KENTUCKY Baesler S (D) ...... S S S ? S S S O O O S S O O O 57 53 Bunning J (R) ...... S S O S S S S S S S S S S S S 93 93 Lewis R (R) ...... S S S S S S S S S S S S S S S 100 100 Rogers H (R) ...... S S S S S S S S O S S S S S S 93 93 Ward M (D) ...... O O ? O O O O O ? ? S O O O O 8 7 Whitfield E (R) ...... S S S S S S S S O S S S S O S 87 87 LOUISIANA Baker R (R) ...... S S S S S O S S ? ? S S S S S 92 80 Fields C (D) ...... O O O O O S O O O O S O O ? ? 15 13 Hayes J (R) ...... S S S S S S S S O S S S S S S 93 93 Jefferson W (D) ...... O O O O O O O O O S S O O ? O 14 13 Livingston R (R) ...... S S S S S S S S O S S S S S S 93 93 McCrery J (R) ...... S S S S S S S S ? ? S S S S S 100 80 Tauzin W (R) ...... S S S S S S S ? ? ? S S S S S 100 80 MAINE Baldacci J (D) ...... S O O O S O O O ? ? O O O O O 15 13 Longley J (R) ...... S S S S S S S O O S S O S S O 73 73 MARYLAND Bartlett R (R) ...... S S O S S S S S S S S S S S O 87 87 Cardin B (D) ...... O O O O O O O O O O O O O O O O O Ehrlich R (R) ...... S S S S S S S S O S S O S S O 80 80 Gilchrest W (R) ...... S S O O O O O S O O S O O S O 33 33 Hoyer S (D) ...... O O O ? O S O O O O O O O O O 7 7 Mfume K (D) ...... O O O O O O O O O O O O O O O O O Morella C (R) ...... S O O O O O O O O O O O O O O 7 7 Wynn A (D) ...... O O O O O O O O O O O O O O O O O MASSACHUSETTS Blute P (R) ...... S S O O O O S S O S S S S O O 53 53 Frank B (D) ...... O O O O O O O O O O O O O ? O 0 0 Kennedy J (D) ...... S O O O O O O O O O O O O O O 7 7 Markey E (D) ...... O O O O O O O O O O O O O O O 0 0 Meehan M (D) ...... O O O O O O O O O O O O O O O 13 13 Moakley J (D) ...... O O O ? ? O O ? ? ? ? ? ? ? O 0 0 Neal R (D) ...... O O O O O O O O O O O O O O O 0 0 Olver J (D) ...... O O O O O O O O O O O O O O O 0 0 Studds G (D) ...... O O O O O O O O O O O O O O O 0 0 Torkildsen P (R) ...... S S O O O O O O O O O O O S O 20 20 MICHIGAN Barcia J (D) ...... S S S O S S S O O S S O O O O 53 53 Bonior D (D) ...... O O O O O O O O O O O O O S O 7 7 Camp D (R) ...... S S S S S S S S S S S S S S S 100 100 Chrysler D (R) ...... S S S S S S S S S S S S S O S 93 93 Collins B (D) ...... O O O O O ? O ? ? ? ? O O ? O 0 0 Conyers J (D) ...... O O O O O O O O O O O O O O O 0 0 Dingell J (D) ...... O O O O O O O O O O O O O O O 0 0 Ehlers V (R) ...... S ? O O O O O S O S S O S O O 36 33 Hoekstra P (R) ...... S S S S S S S S S S S S S S O 93 93 Kildee D (D) ...... O O O O O O O O O O O O O O O 0 0 Knollenberg J (R) ...... S S O S S S S S O S S S S S S 87 87 Levin S (D) ...... O O O O O O O O O O O O O O O 0 0 Rivers L (D) ...... O O O O O O O O O O O O O O O 0 0 Smith N (R) ...... S S O S S S S S S S S S S S O 87 87 Stupak B (D) ...... O O O O S S O O O S S O O O O 27 27 Upton F (R) ...... S S S O S S O S S S S O S O O 67 67 MINNESOTA Gutknecht G (R) ...... S S S S S S S S S S O S S S S 93 93 Luther W (D) ...... O O O O O O O O O O O O O O O 0 0 Minge D (D) ...... S S O O O O S O O S O S O O O 33 33 Oberstar J (D) ...... O O O O O S O O O O S O O ? O 14 13 Peterson C (D) ...... S S O S S S S S O S S S S S O 80 80 Ramstad J (R) ...... S S O O O S O O S O O O S O O 33 33 Sabo M (D) ...... O O O O O O O O O O O O O S O 7 7 Vento B (D) ...... O O O O O O O O O O O O O S O 7 7 MISSISSIPPI Montgomery G (D) ...... S S S S S S S ? O S S S S O O 79 79 Parker M (R) ...... S S S S S S S S ? ? S S S ? S 100 80 Taylor G (D) ...... O S O O S S O S S S S O S O O 53 53 Thompson B (D) ...... O O O O O O O O O O O O O O O o o Wicker R (R) ...... S S S S S S S S O S S S S S S 93 93 MISSOURI Clay W (D) ...... O O O O O O O O O O O O O O O 0 0 Danner P (D) ...... S S O S S S S S S S S S O O O 73 73 Emerson B (R) ...... S S S S S S S S O S S S S S S 93 93 Gephardt R (D) ...... O O O O O ? ? O O O O O O O O 0 0 Hancock M (R) ...... S S S S S S S S S S S S S S S 100 100 McCarthy K (D) ...... S ? O O O S O O O O O O O O O 14 13 October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1949 HOUSE SCOREBOARD—Continued [House key: S: Supported private property position; O: Opposed private property position; X: House Speaker excused himself from voting; ?: Did not vote; I: Ineligible to vote at the time]

Private property position N Y Y N Y N N N Y N N N N Y N Percent support Congressman (votes) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 When voting All votes

Skelton I (D) ...... S S S S S S S S O O S S O O O 67 67 Talent J (R) ...... S S S S S S S S S S S S S O S 93 93 Volkmer H (D) ...... O O O S S S S O ? ? O S ? ? O 45 33 MONTANA Williams P (D) ...... O O O O O P O O O ? O O ? O O 0 0 NEBRASKA Barrett B (R) ...... S S S S S S S S O S S S S S S 93 93 Bereuter D (R) ...... S S O O S S S O O O S O ? O O 43 40 Christensen J (R) ...... S S S S S S S S S S S S S S S 100 100 NEVADA Ensign J (R) ...... S S S S S S S S O S S S S S S 93 93 Vucanovich B (R) ...... S S S S S S S S S S S S S S S 100 100 NEW HAMPSHIRE Bass C (R) ...... S S S O S S O O O S S O S O S 60 60 Zeliff B (R) ...... S S S S S S S O S S S S S O S 87 87 NEW JERSEY Andrews R (D) ...... S ? O O O S O O O O S O ? O O 23 30 Franks B (R) ...... S S S O O S O O O S O O S S O 47 47 Frelinghuysen R (R) ...... S S O S O S O S O S S S S O O 60 60 LoBiondo F (R) ...... S S S S S S O O O O O O S O O 47 47 Martini B (R) ...... S S O O O S O O O O O O S O O 27 27 Menendez R (D) ...... S O O O O S O O O O O O O O O 13 13 Pallone F (D) ...... O O O O O O O O O O O O O O O 0 0 Payne D (D) ...... O O O O O O O O O O O O O O O 0 0 Roukema M (R) ...... S S O O O O O O O S S O S S O 40 40 Saxton H (R) ...... S S O S S S O O S S O O S S S 67 67 Smith C (R) ...... S S S O S S O O O S S O S O O 53 53 Torricelli R (D) ...... O O O ? O O O O O O O O O O O 0 0 Zimmer D (R) ...... S S O O O S O O O O O O S O O 27 27 NEW MEXICO Richardson B (D) ...... O O O O O O O O ? ? ? O O O O 0 0 Schiff S (R) ...... S S O ? O S S S O S S O S S S 71 67 Skeen J (R) ...... S S S S S S S S O S S S S S S 93 93 NEW YORK Ackerman G (D) ...... O O O O O O O O O ? O O O O O 0 0 Boehlert S (R) ...... S O O O O O O O O O O O O S O 13 13 Engel E (D) ...... O O O O O O O O O O O O O O O 0 0 Flake F (D) ...... O O O O O O O O O O O ? O O O 0 0 Forbes M (R) ...... S S S O S S O O O O O O S O O 40 40 Frisa D (R) ...... S S S S S S S S O S S S S O O 80 80 Gilman B (R) ...... S S O O S O O O O O S O S S O 40 40 Hinchey M (D) ...... O O O O O O O O O O O O O O O 0 0 Houghton A (R) ...... S S S S S S S S O S S O O S O 73 73 Kelly S (R) ...... S S O O S S O O O O O O S O O 33 33 King P (R) ...... S S S S S S S S O S S S S S O 87 87 LaFalce J (D) ...... O O O O O O S S O ? O O O O O 14 13 Lazio R (R) ...... S S O O O O O O O O O O S O O 20 20 Lowey N (D) ...... O O O O O O O O O O O O O O O 0 0 Maloney C (D) ...... O O O O O O O O O O O O O O O 0 0 Manton D (D) ...... O O O O O O O O O O O O ? O O 0 0 McHugh J (R) ...... S S S S S S S S O S S S S O ? 86 80 McNulty M (D) ...... S S O S S S O S S O O O O S O 53 53 Molinari S (R) ...... S S O S S S S S O S S S S O O 73 73 Nadler J (D) ...... O O O O O O O O O O O O O O O 0 0 Owens M (D) ...... O O O ? O O O O O O O O O O O 0 0 Paxon B (R) ...... S S S S S S S S O S S S S S S 93 93 Quinn J (R) ...... S S S O O S S S O S S O S O O 60 60 Rangel C (D) ...... O O O O ? ? O O O O O O O S O 8 7 Schumer C (D) ...... S O O O O O O O O O O O O O O 7 7 Serrano J (D) ...... O O O O O O O O O O O O O O O 0 0 Slaughter L (D) ...... O O O O O O O O O O O O O O O 0 0 Solomon G (R) ...... S S S S S S S S S S S S S O O 87 87 Towns E (D) ...... O O O O O O O O O O O O ? O O 0 0 Velazquez N (D) ...... O O O O O O O O ? O O O O O O 0 0 Walsh J (R) ...... S S O O S S S S O S S S S O S 73 73 NORTH CAROLINA Ballenger C (R) ...... S S S S S S S S S S S S S S S 100 100 Burr R (R) ...... S S S S S S S S S S S S S O S 93 93 Clayton E (D) ...... O O O O O O O O O O O O O O O 0 0 Coble H (R) ...... S S S S S S S S S S S S S O O 87 87 Funderburk D (R) ...... S S S S S S S S S S S S S O O 87 87 Hefner W (D) ...... 0 S S O S S S ? ? ? S O O O O 50 40 Heineman F (R) ...... S S S S S S S S O S S S S S S 93 93 Jones W (R) ...... S S S S S S S S S S S S S S 0 93 93 Myrick S (R) ...... S S S S S S S S S S S S S S S 100 100 Rose C (D) ...... S S S O S O S O O ? O O O S O 43 40 Taylor C (R) ...... S S S S S S S S O S S S S S S 93 93 Watt M (D) ...... O O O O O O O O O O O O O O O 0 0 NORTH DAKOTA Pomeroy E (D) ...... O S O O S S S S O O S O O O O 40 40 OHIO Boehner J (R) ...... S S S S S S S S S S S S S S S 100 100 Brown S (D) ...... O O O O S O O O O O O O O O O 7 7 Chabot S (R) ...... S S S S S S S S S S S S S S O 93 93 Cremeans F (R) ...... S S S S S S S S S S S S S S S 100 100 Gillmor P (R) ...... S S S S S S S S O S S O S S S 87 87 Hall T (D) ...... S O O O S O O S O O O ? O O O 21 20 Hobson D (R) ...... S S S O S S S S O S S S S O O 73 73 Hoke M (R) ...... S S S S S S S S O S S ? S S S 93 87 Kaptur M (D) ...... ? S O O O O O S O O S O O ? O 23 20 Kasich J (R) ...... S S S S S S S S S S S S S S O 93 93 LaTourette S (R) ...... S S S S S S S S O S O O O O O 60 60 Ney B (R) ...... S S S S S S S S S S S S S S O 93 93 Oxley M (R) ...... S S S S S S S S S S S S S S O 93 93 Portman R (R) ...... S S O O S S S S S O S S S O O 67 67 Pryce D (R) ...... S S S O S S S S O ? S S S ? O 77 67 Regula R (R) ...... S S O O S S S S O O S O S S O 60 60 Sawyer T (D) ...... O O O O O O O O O O O O O O O 0 0 E1950 CONGRESSIONAL RECORD — Extensions of Remarks October 21, 1996 HOUSE SCOREBOARD—Continued [House key: S: Supported private property position; O: Opposed private property position; X: House Speaker excused himself from voting; ?: Did not vote; I: Ineligible to vote at the time]

Private property position N Y Y N Y N N N Y N N N N Y N Percent support Congressman (votes) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 When voting All votes

Stokes L (D) ...... O O O O O O O S O O O O O O O 7 7 Traficant J (D) ...... O S O S S S S S O S S S O O O 60 60 OKLAHOMA Brewster B (D) ...... S S S S S S S S O S S S S S S 93 93 Coburn T (R) ...... S S S S S S S S S S ? S S O S 93 87 Istook E (R) ...... S S S S S S S S S S ? S S S S 100 93 Largent S (R) ...... S S S S S S S S S S S S S S S 100 100 Lucas F (R) ...... S S S S S S S S O S S S S S S 93 93 Watts J (R) ...... S S S S S S S S ? ? S S S S S 100 87 OREGON Bunn J (R) ...... S S S S S S S S O S S S S S S 93 93 Cooley W (R) ...... S S S S S S S S S S S S S S S 100 100 DeFazio P (D) ...... O O O O O O O O O O O O O O O 7 7 Furse E (D) ...... O O O O O O O O O O O O O O O 0 0 Wyden R (D) ...... O O O O O O O O O O S O O O O 7 7 PENNSYLVANIA Borski R (D) ...... O O O O O O O O O O O O O O O 0 0 Clinger W (R) ...... S S O O S S S S O S S S S O S 73 73 Coyne W (D) ...... O O O O O O O S O O O O O O O 7 7 Doyle M (D) ...... O O O O S S O S O O S O O O O 27 27 English P (R) ...... S S O O S S S S O S S O S O S 67 67 Fattah C (D) ...... O O O O O O O O O O O O O O O 0 0 Foglietta T (D) ...... O O O O O O O O O O O O O O O 0 0 Fox J (R) ...... S S O S S O O O O S O O S O O 40 40 Gekas G (R) ...... S S O S S S S S S S S S S S S 93 93 Goodling B (R) ...... S S S S S S S S S S ? S S S O 93 87 Greenwood J (R) ...... S S O O O O O ? ? ? S O S O O 33 27 Holden T (D) ...... O O O S S S S S O O S O ? O O 43 40 Kanjorski P (D) ...... O O O O O O O S O O O O O O O 7 7 Klink R (D) ...... O O O O O S ? S O O S O O O O 21 20 Mascara F (D) ...... O O O O S S O S O O O O O O O 20 20 McDade J (R) ...... S S S S S S S S O O S S O S O 86 80 McHale P (D) ...... S O O O S S O O O O O O O O O 20 20 Murtha J (D) ...... O O O S O S S S O O S O O O O 33 33 Shuster B (R) ...... S S S S S S S S S ? S S S S S 100 93 Walker R (R) ...... S S O S S S S S S S S S S S ? 93 87 Weldon C (R) ...... S S O O S O O O O S O O S O O 33 33 RHODE ISLAND Kennedy P (D) ...... O O O O O O O O O O ? O O O O 0 0 Reed J (D) ...... O O O O O O O O O O O O O O O 0 0 SOUTH CAROLINA Clyburn J (D) ...... O O O O O O O O O O O O O O O 0 0 Graham L (R) ...... S S S S S S S S O S S S S S O 87 87 Inglis B (R) ...... S S S S S S S S S S S S S S O 93 93 Sanford M (R) ...... S S S O O O O O O O O O S O O 33 33 Spence F (R) ...... S S S S S S S S O S S S S O S 87 87 Spratt J (D) ...... S O O O S S O O O O O O O O O 20 20 SOUTH DAKOTA Johnson T (D) ...... S S O O S S S O O O S O O O O 40 40 TENNESSEE Bryant E (R) ...... S S S S S S S S S S S S S ? S 100 93 Clement B (D) ...... S S S O O S S O O O S O O O O 40 40 Duncan J (R) ...... S S S S S S S S S S S S S S O 93 93 Ford H (D) ...... O O O O O O O S O ? O ? O ? O 8 7 Gordon B (D) ...... S S S O S S S S O O S O O O O 53 53 Hilleary V (R) ...... S S S S S S S S S S S S S O S 93 93 Quillen J (R) ...... S S S S S S S S O S S S S S S 93 93 Tanner J (D) ...... O S S S S S S O O S S O S O O 60 60 Wamp Z (R) ...... S S O S S S S S S S S S S O S 87 87 TEXAS Archer B (R) ...... S S S S S S S S S S S S S S S 100 100 Armey D (R) ...... S S S S S S S S S S S S S S S 100 100 Barton J (R) ...... S ? S S S S S S S S S S S S S 100 93 Bentsen K (D) ...... O O O O S S O S O O O O O O O 20 20 Bonilla H (R) ...... S S S S S S S S S S S S S S S 100 100 Bryant J (D) ...... O O O ? ? O ? O O O O O O O O 0 0 Chapman J (D) ...... S S S S S S S S O O S S O O O 67 67 Coleman R (D) ...... O O O O O O O ? O O S O O O O 7 7 Combest L (R) ...... S S S S S S S S S S S S S S S 100 100 de la Garza E (D) ...... O S O S S O S O O S S S O O O 47 47 DeLay T (R) ...... S S S S S S S S S S S S S S S 100 100 Doggett L (D) ...... O O O O O O O O O O O O O O O 0 0 Edwards C (D) ...... S S S S S S S S O S O S O O O 67 67 Fields J (R) ...... S S S S S S S ? ? ? S S S S S 100 80 Frost M (D) ...... O O O S S O O S O O S O O O ? 29 27 Geren P (D) ...... S S S S S O S S O S O S S O O 67 67 Gonzalez H (D) ...... O ? ? ? ? O O S O O S O O O O 18 13 Green G (D) ...... O O O O S O O ? ? ? O ? O O O 9 7 Hall R (D) ...... S S S S S S S S O S S S S S S 93 93 Jackson-Lee S (D) ...... O O O O O O O S O O O O O O O 7 7 Johnson E (D) ...... O O O O O O O S O O O O O O O 7 7 Johnson S (R) ...... S S S S S S S S S S S S S S S 100 100 Laughlin G (R) ...... S S S ? S S S S O S S S S S S 93 87 Ortiz S (D) ...... O ? S S S S S S O S S S S O S 79 73 Smith L (R) ...... S S S S S S S S ? ? S S S S S 100 87 Stenholm C (D) ...... S S S S S S S S O S S S S O O 80 80 Stockman S (R) ...... S S S S S S S S S S ? S S S S 100 93 Tejeda F (D) ...... O S S S S S S S O S S S S O ? 79 73 Thornberry W (R) ...... S S S S S S S S S S S S S S S 100 100 Wilson D (D) ...... S S S S S S S S O S S O O S S 80 80 UTAH Hansen J (R) ...... S S S S S S S S S S S S S S S 100 100 Orton B (D) ...... S S S S S S S S O S S O O O S 73 73 Waldholtz E (R) ...... S S S S S S S S S S S S S S S 100 100 VERMONT Sanders B (I) ...... O O O O O O O O O O O O O O O 0 0 VIRGINIA Bateman H (R) ...... S S O S S S S S O S S S ? S S 86 80 October 21, 1996 CONGRESSIONAL RECORD — Extensions of Remarks E1951 HOUSE SCOREBOARD—Continued [House key: S: Supported private property position; O: Opposed private property position; X: House Speaker excused himself from voting; ?: Did not vote; I: Ineligible to vote at the time]

Private property position N Y Y N Y N N N Y N N N N Y N Percent support Congressman (votes) 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 When voting All votes

Bliley T (R) ...... S S S S S S S S O S S S S S S 93 93 Boucher R (D) ...... O O O O O O O S O S O O O O O 13 13 Davis T (R) ...... S S O O S S O S O S S S S O O 60 60 Goodlatte R (R) ...... S S S S S S S S S S S S S O O 87 87 Moran J (D) ...... O O O O O O O O O ? O O O O O 0 0 Payne L (D) ...... S S O S S S S O O S O S O O O 53 53 Pickett O (D) ...... S S ? S S S S S O S S S S S O 86 80 Scott R (D) ...... O O O O S O O O O O O O O O O 7 7 Sisisky N (D) ...... S S S S S S S S O S ? S S ? O 85 73 Wolf F (R) ...... S S O O S S O S O S S O S O O 53 53 WASHINGTON Dicks N (D) ...... O O S O O S O O O O S O O O O 20 20 Dunn J (R) ...... S S S S S S S S O S S S S S S 93 93 Hastings R (R) ...... S S S S S S S S S S S S S S S 100 100 McDermott J (D) ...... O O O O O O O O O O O O O S O 7 7 Metcalf J (R) ...... S S S S S S O S S S S S S S S 93 93 Nethercutt G (R) ...... S S O O S S S S O S S S S S S 80 80 Smith L (R) ...... S S S S S S S S S S S S S S S 100 100 Tate R (R) ...... S S S S S S S S S S S S S S S 100 100 White R (R) ...... S S S S S S S S S S S O S O O 80 80 WEST VIRGINIA Mollohan A (D) ...... O O S O S S O S O S S S O O S 53 53 Rahall N (D) ...... O O O O O O O S O O S S O O O 20 20 Wise B (D) ...... O O O O O O O S O O S O O O O 13 13 WISCONSIN Barrett T (D) ...... O O O O O O O O O O O O O ? O 0 0 Gunderson S (R) ...... S S O S S S S S O S S S S S O 80 80 Kleczka G (D) ...... S O S O O O ? O O O O O O O O 14 13 Klug S (R) ...... S S O O O S O O S S O O S S O 47 47 Neumann M (R) ...... S S S S S S S S S ? S S S ? S 100 87 Obey D (D) ...... O O O O S S O O O O S O O S O 27 27 Petri T (R) ...... S S O S S S S S S S O S S O S 80 80 Roth T (R) ...... S S S S S S S S S S S S S S S 100 100 Sensenbrenner F (R) ...... S S O S S S S S

TRIBUTE TO HISPANIC BUSINESS growth for the individual, as well as advance- Through their education, our community has WEEK ment of our community as a whole. Within this the opportunity to grow and develop into a context, we can see the vital importance for better community. activists, community builders, and skilled pro- HON. WILLIAM J. MARTINI This year, Mr. Speaker, the statewide His- fessionals. This, Mr. Speaker, is what the New OF NEW JERSEY panic Chamber of Commerce will sponsor His- IN THE HOUSE OF REPRESENTATIVES Jersey Hispanic Chamber promotes. Mr. Speaker, in an era with significant econ- panic Business Week from October 21 to Oc- Monday, October 21, 1996 omy shifts, the statewide Hispanic Chamber of tober 26. I am grateful to be invited to their Mr. MARTINI. Mr. Speaker, I rise today in Commerce has led our community in the effort sixth annual convention and exhibition during acknowledgment of the upcoming Hispanic to educate the Hispanic Business Community this historical week. Today, in acknowledg- Business Week in New Jersey. and its consumers. They have sought to en- ment and appreciation for their great efforts, I Mr. Speaker, America is a hardworking soci- courage and support the entrepreneurs, the in- rise to recognize Hispanic Business WeekÐa ety. We are a society built on the principles of dividuals, and the community as a whole. step toward the future. Monday, October 21, 1996 Daily Digest Senate The Senate was not in session today. Its next meeting will be held on Tuesday, January 7, 1997, at 12 noon. h House of Representatives The House was not in session today. Its next H.R. 3802, to amend section 552 of title 5, Unit- meeting will be held on Tuesday, January 7, 1997, ed States Code, popularly known as the Freedom of at 12 noon. Information Act, to provide for public access to in- f formation in an electronic format. Signed October 2, 1996. (P.L. 104–231) NEW PUBLIC LAWS S. 1507, to provide for the extension of the Parole (For last listing of Public Laws, see DAILY DIGEST, p. D1049.) Commission to oversee cases of prisoners sentenced H.R. 2366, to repeal an unnecessary medical de- under prior law, and to reduce the size of the Parole vice reporting requirement. Signed October 2, 1996. Commission. Signed October 2, 1996. (P.L. (P.L. 104–224) 104–232) H.R. 2504, to designate the Federal Building lo- S. 1834, to reauthorize the Indian Environmental cated at the corner of Patton Avenue and Otis Street, General Assistance Program Act of 1992. Signed Oc- and the United States Courthouse located on Otis tober 2, 1996. (P.L. 104–233) Street, in Asheville, North Carolina, as the ‘‘Veach- H.R. 3074, to amend the United States-Israel Free Baley Federal Complex’’. Signed October 2, 1996. Trade Area Implementation Act of 1985 to provide (P.L. 104–225) the President with additional proclamation authority H.R. 2685, to repeal the Medicare and Medicaid with respect to articles of the West Bank or Gaza Coverage Data Bank. Signed October 2, 1996. (P.L. Strip or a qualifying industrial zone. Signed October 104–226) 2, 1996. (P.L. 104–234) H.R. 3060, to implement the Protocol on Envi- S. 919, to modify and reauthorize the Child ronmental Protection to the Antarctic Treaty. Signed Abuse Prevention and Treatment Act. Signed Octo- October 2, 1996. (P.L. 104–227) ber 3, 1996. (P.L. 104–235) H.R. 3186, to designate the Federal building lo- S. 1675, to provide for the nationwide tracking of cated at 1655 Woodson Road, in Overland, Mis- convicted sexual predators. Signed October 3, 1996. souri, as the ‘‘Sammy L. Davis Federal Building’’. (P.L. 104–236) Signed October 2, 1996. (P.L. 104–228) H.R. 3400, to designate the United States court- S. 1965, to prevent the illegal manufacturing and house to be constructed at a site on 18th Street be- use of methamphetamine. Signed October 3, 1996. tween Dodge and Douglas Streets in Omaha, Ne- (P.L. 104–237) braska, as the ‘‘Roman L. Hruska United States S. 2101, to provide educational assistance to the Courthouse’’. Signed October 2, 1996. (P.L. dependents of Federal law enforcement officials who 104–229) are killed or disabled in the performance of their du- H.R. 3710, to designate a United States court- ties. Signed October 3, 1996. (P.L. 104–238) house located in Tampa, Florida, as the ‘‘Sam M. H.R. 1350, to amend the Merchant Marine Act, Gibbons United States Courthouse’’. Signed October 1936 to revitalize the United States-flag merchant 2, 1996. (P.L. 104–230) marine. Signed October 8, 1996. (P.L. 104–239) D1056 October 21, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D1057 H.R. 3056, to permit a county-operated health in- H.R. 2695, to extend the deadline under the Fed- suring organization to qualify as an organization ex- eral Power Act applicable to the construction of cer- empt from certain requirements otherwise applicable tain hydroelectric projects in the State of Pennsylva- to health insuring organizations under the Medicaid nia. Signed October 9, 1996. (P.L. 104–254) program notwithstanding that the organization en- H.R. 2700, to designate the United States Post rolls Medicaid beneficiaries residing in another coun- Office building located at 7980 FM 327, Elmendorf, ty. Signed on October 8, 1996. (P.L. 104–240) Texas, as the ‘‘Amos F. Longoria Post Office Build- H.R. 657, to extend the deadline under the Fed- ing’’. Signed October 9, 1996. (P.L. 104–255) eral Power Act applicable to the construction of H.R. 2773, to extend the deadline under the Fed- three hydroelectric projects in the State of Arkansas. eral Power Act applicable to the construction of 2 Signed October 9, 1996. (P.L. 104–241) hydroelectric projects in North Carolina. Signed Oc- H.R. 680, to extend the time for construction of tober 9, 1996. (P.L. 104–256) certain FERC licensed hydro projects. Signed Octo- H.R. 2816, to reinstate the license for, and extend ber 9, 1996. (P.L. 104–242) the deadline under the Federal Power Act applicable H.R. 1011, to extend the deadline under the Fed- to the construction of, a hydroelectric project in eral Power Act applicable to the construction of a Ohio. Signed October 9, 1996. (P.L. 104–257) hydroelectric project in the State of Ohio. Signed H.R. 2869, to extend the deadline for commence- October 9, 1996. (P.L. 104–243) ment of construction of a hydroelectric project in the H.R. 1014, to authorize extension of time limita- State of Kentucky. Signed October 9, 1996. (P.L. tion for a FERC-issued hydroelectric license. Signed 104–258) October 9, 1996. (P.L. 104–244) H.R. 2967, to extend the authorization of the H.R. 1290, to reinstate the permit for, and extend Uranium Mill Tailings Radiation Control Act of the deadline under the Federal Power Act applicable 1978. Signed October 9, 1996. (P.L. 104–259) to the construction of, a hydroelectric project in Or- H.R. 2988, to amend the Clean Air Act to pro- egon. Signed October 9, 1996. (P.L. 104–245) vide that traffic signal synchronization projects are H.R. 1335, to provide for the extension of a hy- exempt from certain requirements of Environmental droelectric project in the State of West Virginia. Protection Agency Rules. Signed October 9, 1996. Signed October 9, 1996. (P.L. 104–246) (P.L. 104–260) H.R. 1366, to authorize the extension of time H.R. 3068, to accept the request of the Prairie Is- limitation for the FERC-issued hydroelectric license land Indian Community to revoke their charter of for the Mt. Hope Waterpower Project. Signed Octo- incorporation issued under the Indian Reorganization ber 9, 1996. (P.L. 104–247) Act. Signed October 9, 1996. (P.L. 104–261) H.R. 1791, to amend title XIX of the Social Se- H.R. 3118, to amend title 38, United States curity Act to make certain technical corrections re- Code, reform eligibility for health care provided by lating to physicians’ services. Signed October 9, the Department of Veterans Affairs, to authorize 1996. (P.L. 104–248) major medical facility construction projects for the H.R. 2501, to extend the deadline under the Fed- Department, and to improve administration of health eral Power Act applicable to the construction of a care by the Department. Signed October 9, 1996. hydroelectric project in Kentucky. Signed October 9, (P.L. 104–262) 1996. (P.L. 104–249) H.R. 3458, to increase, effective as of December H.R. 2508, to amend the Federal Food, Drug, and 1, 1996, the rates of disability compensations for Cosmetic Act to provide for improvements in the veterans with service connected disabilities and the process of approving and using animal drugs. Signed rates of dependency and indemnity compensation for October 9, 1996. (P.L. 104–250) survivors of certain service-connected disabled veter- H.R. 2594, to amend the Railroad Unemploy- ans. Signed October 9, 1996. (P.L. 104–263) ment Insurance Act to reduce the waiting period for H.R. 3539, to amend title 49, United States benefits payable under that Act. Signed October 9, Code, to reauthorize programs of the Federal Avia- 1996. (P.L. 104–251) tion Administration. Signed October 9, 1996. (P.L. H.R. 2630, to extend the deadline for commence- 104–264) ment of construction of a hydroelectric project in the H.R. 3546, to direct the Secretary of the Interior State of Illinois. Signed October 9, 1996. (P.L. to convey the Walhalla National Fish Hatchery to 104–252) the State of South Carolina. Signed October 9, 1996. H.R. 2660, to increase the amount authorized to (P.L. 104–265) be appropriated to the Department of the Interior H.R. 3660, to make amendments to the Reclama- for Tensas River National Wildlife Refuge. Signed tion Wastewater and Groundwater Study and Facili- October 9, 1996. (P.L. 104–253) ties Act. Signed October 9, 1996. (P.L. 104–266) D1058 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 1996 H.R. 3871, to waive temporarily the Medicaid en- S. 2153, to designate the United States Post Of- rollment composition rule for certain health mainte- fice building located in Brewer, Maine, as the Joshua nance organizations. Signed October 9, 1996. (P.L. Lawrence Chamberlain Post Office Building’’. Signed 104–267) October 9, 1996. (P.L. 104–281) H.R. 3877, to designate the United States Post S.J. Res. 64, to commend Operation Sail for its Office building in Camden, Arkansas, as the ‘‘Hon- advancement of brotherhood among nations, its con- orable David H. Pryor Post Office Building’’. Signed tinuing commemoration of the history of the United October 9, 1996. (P.L. 104–268) States, and its nurturing of young cadets through H.R. 3916, to make available certain Voice of training in seamanship. Signed October 9, 1996. America and Radio Marti multilingual computer (P.L. 104–282) readable text and voice recordings. Signed October H.R. 543, to approve a governing international 9, 1996. (P.L. 104–269) fishery agreement between the United States and the H.R. 3973, to provide for a study of the rec- Republic of Estonia. Signed October 11, 1996. (P.L. ommendations of the Joint Federal-State Commission 104–283) on Policies and Programs Affecting Alaska Natives. H.R. 1514, to authorize and facilitate a program Signed October 9, 1996. (P.L. 104–270) to enhance safety, training, research, and develop- H.R. 4138, to authorize the hydrogen research, ment, and safety education in the propane gas indus- development, and demonstration programs of the try for the benefit of propane consumers and the Department of Energy. Signed October 9, 1996. public. Signed October 11, 1996. (P.L. 104–284) (P.L. 104–271) H.R. 1734, to reauthorize the National Film Pres- H.R. 4167, to provide for the safety of journey- ervation Board. Signed October 11, 1996. (P.L. man boxers. Signed October 9, 1996. (P.L. 104–272) 104–285) H.R. 4168, to amend the Helium Act to author- H.R. 1823, to amend the Central Utah Project ize the Secretary to enter into agreements with pri- Completion Act to direct the Secretary of the Inte- vate parties for the recovery and disposal of helium rior to allow for prepayment of repayment contracts on Federal lands. Signed October 9, 1996. (P.L. between the United States and the Central Utah 104–273) S. 1577, to authorize appropriations for the Na- Water Conservancy District dated December 28, tional Historical Publications and Records Commis- 1965, and November 26, 1985. Signed October 11, sion for fiscal years 1998, 1999, 2000, and 2001. 1996. (P.L. 104–286) Signed October 9, 1996. (P.L. 104–274) H.R. 2297, to codify without substantive change S. 1711, to amend title 38, United States Code, laws related to transportation and to improve the to improve the benefits programs administered by United States Code. Signed October 11, 1996. (P.L. the Secretary of Veterans Affairs, and to provide for 104–287) a study of the Federal programs for veterans. Signed H.R. 2579, to establish the National Tourism October 9, 1996. (P.L. 104–275) Board and the National Tourism Organization to S. 1802, to direct the Secretary of the Interior to promote international travel and tourism to the convey certain property containing a fish and wild- United States. Signed October 11, 1996. (P.L. 104- life facility to the State of Wyoming. Signed Octo- 288) ber 9, 1996. (P.L. 104–276) H.R. 2779, to provide for soft-metric conversion. S. 1931, to provide that the United States Post Signed October 11, 1996. (P.L. 104–289) Office and Courthouse building located at 9 East H.R. 3005, to amend the Federal securities laws Broad Street, Cookeville, Tennessee, shall be known in order to promote efficiency and capital formation and designated as the ‘‘L. Clure Morton United in the financial markets, and to amend the Invest- States Post Office Courthouse’’. Signed October 9, ment Company Act of 1940 to promote more effi- 1996. (P.L. 104–277) cient management of mutual funds, protect inves- S. 1970, to amend the National Museum of the tors, and provide more effective and less burdensome American Indian Act to make improvements in the regulation. Signed October 11, 1996. (P.L. Act. Signed October 9, 1996. (P.L. 104–278) 104–290) S. 2085, to authorize the Capitol Guide Service to H.R. 3159, to amend title 49, United States accept voluntary services. Signed October 9, 1996. Code, to authorize appropriations for fiscal years (P.L. 104–279) 1997, 1998, and 1999 for the National Transpor- S. 2100, to provide for the extension of certain tation Safety Board. Signed October 11, 1996. (P.L. authority for the Marshal of the Supreme Court and 104–291) the Supreme Court Police. Signed October 9, 1996. H.R. 3166, to prohibit false statements to Con- (P.L. 104–280) gress, and to clarify congressional authority to obtain October 21, 1996 CONGRESSIONAL RECORD — DAILY DIGEST D1059 truthful testimony. Signed October 11, 1996. (P.L. water and water reuse. Signed October 11, 1996. 104–292) (P.L. 104–298) H.R. 3259, to authorize appropriations for fiscal S. 1044, to amend title III of the Public Health year 1997 for intelligence and intelligence-related Service Act to consolidate and reauthorize provisions activities of the United States Government, the relating to health centers. Signed October 11, 1996. Community Management Account, and the Central (P.L. 104–299) Intelligence Agency Retirement and Disability Sys- S. 1467, to authorize the construction of the Fort tem. Signed October 11, 1996. (P.L. 104–293) Peck Rural County Water Supply System, and to au- H.R. 3723, to amend title 18, United States thorize assistance to the Fort Peck Rural County Code, to protect proprietary economic information. Water District, Inc., a nonprofit corporation, for the Signed October 11, 1996. (P.L. 104–294) planning, design, and construction of the water sup- H.R. 3815, to make technical corrections and ply system. Signed October 11, 1996. (P.L. miscellaneous amendments to trade laws. Signed Oc- tober 11, 1996. (P.L. 104–295) 104–300) H.J. Res. 198, appointing the day for the conven- S. 1973, to provide for the settlement of the Nav- ing of the first session of the One Hundred Fifth ajo-Hopi land dispute. Signed October 11, 1996. Congress and the day for the counting in Congress (P.L. 104–301) of the electoral votes for President and Vice Presi- S. 2197, to extend the authorized period of stay dent cast in December 1996. Signed October 11, within the United States for certain nurses. Signed 1996. (P.L. 104–296) October 11, 1996. (P.L. 104–302) S. 39, to amend the Magnuson Fishery Conserva- S. 640, to provide for the conservation and devel- tion and Management Act to authorize appropria- opment of water and related resources, and to au- tions, to provide for sustainable fisheries. Signed Oc- thorize the Secretary of the Army to construct var- tober 11, 1996. (P.L. 104–297) ious projects for improvements to rivers and harbors S. 811, to authorize the Secretary of the Interior of the United States. Signed October 12, 1996. (P.L. to conduct studies regarding the desalination of 104–303) D1060 CONGRESSIONAL RECORD — DAILY DIGEST October 21, 1996

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Tuesday, January 7, 1997 12 noon, Tuesday, January 7, 1997

Senate Chamber House Chamber Program for Tuesday: The convening of the 105th Con- Program for Tuesday: The convening of the 105th Con- gress. gress.

Extensions of Remarks, as inserted in this issue

HOUSE Dreier, David, Calif., E1944 Matsui, Robert T., Calif., E1939 Farr, Sam, Calif., E1933, E1934 Mica, John L., Fla., E1931 Bentsen, Ken, Tex., E1933, E1936 Fazio, Vic, Calif., E1939 Moorhead, Carlos J., Calif., E1944 Bonior, David E., Mich., E1936, E1938, E1940 Foglietta, Thomas M., Pa., E1943 Norton, Eleanor Holmes, D.C., E1931 Cooley, Wes, Ore., E1933, E1935, E1945 Kennedy, Joseph P., II, Mass., E1932, E1934, E1936 Oberstar, James L., Minn., E1937 Davis, Thomas M., Va., E1942 Lantos, Tom, Calif., E1943 Pombo, Richard W., Calif., E1939 Deutsch, Peter, Fla., E1944 Lipinski, William O., Ill., E1932, E1934, E1936, E1938 Regula, Ralph, Ohio, E1940 Dingell, John D., Mich., E1938 Martini, William J., N.J., E1932, E1934, E1936, E1937, Visclosky, Peter J., Ind., E1938 Doolittle, John T., Calif., E1939 E1938, E1940, E1943, E1944, E1945, E1951 Young, Don, Alaska, E1941

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