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

Vol. 143 WASHINGTON, THURSDAY, SEPTEMBER 25, 1997 No. 130 Senate The Senate met at 12 noon and was Mr. FAIRCLOTH. Thank you, Mr. homa City National Memorial as a unit of called to order by the President pro President. the National Park System; to designate the Oklahoma City Memorial Trust, and for tempore [Mr. THURMOND]. f The PRESIDENT pro tempore. To- other purposes.’’, do pass with the following SCHEDULE amendment: day’s prayer will be offered by our Strike out all after the enacting clause and guest Chaplain, the Reverend Charles Mr. FAIRCLOTH. Mr. President, insert: Nestor, Manassas Assembly of God, today the Senate will resume consider- SECTION 1. SHORT TITLE. Manassas, VA. We are pleased to have ation of S. 1156, the D.C. appropriations This Act may be cited as the ‘‘Oklahoma City you with us. bill. Under the previous order, the Sen- National Memorial Act of 1997’’. ate will debate the Coats amendment SEC. 2. FINDINGS AND PURPOSES. PRAYER No. 1249, regarding school vouchers, Congress finds that— The guest Chaplain, Rev. Charles from 12 noon until 5 p.m. As a reminder (1) few events in the past quarter-century have rocked Americans’ perception of themselves Nestor, Manassas Assembly of God, to all Members, a cloture motion was Manassas, VA, offered the following and their institutions, and brought together the filed last night on the Coats amend- people of our Nation with greater intensity than prayer: ment, with the cloture vote scheduled the April 19, 1995, bombing of the Alfred P. Let us pray. to occur Tuesday, September 30 at 11 Murrah Federal Building in downtown Okla- Almighty and Holy God, we bow be- a.m. Following the debate on the Coats homa City; fore You, recognizing Your lordship amendment, it is expected that the (2) the resulting deaths of 168 people, some of over us and Your loving kindness to- Senate will continue debating amend- whom were children, immediately touched thou- ward us. Thank You for Your faithful- sands of family members whose lives will forever ments to the D.C. appropriations bill ness in spite of our faults, Your mercy bear scars of having those precious to them throughout the evening. As Members and grace in times of disobedience to taken away so brutally; are aware, this is the last of 13 appro- You, and Your generous provision al- (3) suffering with such families are countless survivors, including children, who struggle not ways. You have blessed our Nation by priations bills that the Senate will con- sider. Therefore, all Members’ coopera- only with the suffering around them, but their bringing together the gifts of a diverse own physical and emotional injuries and with people and the benefits of individual- tion is appreciated in notifying the managers of their intention to offer shaping a life beyond April 19; ity. We ask that You aid us in our con- (4) such losses and struggles are personal and, tinued quest to become one out of any amendments. We would like to since they resulted from so public an attack, many. Remind us always of our deep have those as early as possible. In addi- they are also shared with a community, a Na- dependence upon You and forgive us tion, the Senate may consider any ap- tion, and the world; when in arrogance we forget You. May propriate conference reports as they (5) the story of the bombing does not stop with become available. I thank all Members the attack itself or with the many losses it He who rises with healing in his wings caused. The responses of Oklahoma’s public bring healing to us and strengthen our for their attention. Mr. NICKLES addressed the Chair. servants and private citizens, and those from conviction to love each other even as throughout the Nation, remain as a testament to You have loved us. I ask You to grant The PRESIDING OFFICER (Mr. the sense of unity, compassion, even heroism, wisdom to the men and women who HAGEL). The Senator from Oklahoma. that characterized the rescue and recovery fol- labor for all of us in the Senate. May f lowing the bombing; (6) during the days immediately following the they know power beyond their limita- OKLAHOMA CITY NATIONAL tions, as they put their trust in You. Oklahoma City bombing, Americans and people MEMORIAL ACT OF 1997 from around the world of all races, political phi- Teach us to understand that the great- losophies, religions and walks of life responded est among us is servant to all. May this Mr. NICKLES. Mr. President, I ask the Chair lay before the Senate a mes- with unprecedented solidarity and selflessness; day find the embrace of Your constant and presence and the smile of Your ap- sage from the House of Representatives (7) given the national and international im- proval upon it. In the name that is on (S. 871) to establish the Oklahoma pact and reaction, the Federal character of the above every name. Amen. City National Memorial as a unit of site of the bombing, and the significant percent- age of the victims and survivors who were Fed- f the National Park System; to des- ignate the Oklahoma City Memorial eral employees the Oklahoma City Memorial will RECOGNITION OF THE ACTING Trust, and for other purposes. be established, designed, managed and main- MAJORITY LEADER The PRESIDING OFFICER laid be- tained to educate present and future genera- tions, through a public/private partnership, to The PRESIDENT pro tempore. The fore the Senate the following message work together efficiently and respectfully in de- able acting majority leader, the distin- from the House of Representatives: veloping a National Memorial relating to all as- guished Senator from North Carolina, Resolved, That the bill from the Senate (S. pects of the April 19, 1995, bombing in Oklahoma is recognized. 871) entitled ‘‘An Act to establish the Okla- City.

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

S9911 S9912 CONGRESSIONAL RECORD — SENATE September 25, 1997

SEC. 3. DEFINITIONS. (5) LIABILITY OF DIRECTORS.—Members of the (3) the general objectives of the ‘‘Memorial In this Act— Board of Directors shall not be considered Fed- Mission Statement’’, adopted March 26, 1996, by (1) MEMORIAL.—The term ‘‘Memorial’’ means eral employees by virtue of their membership on the Oklahoma City Memorial Foundation; the Oklahoma City National Memorial des- the Board, except for purposes of the Federal (4) the ‘‘Oklahoma City Memorial Foundation ignated under section 4(a). Tort Claims Act and the Ethics in Government Intergovernmental Letter of Understanding’’, (2) SECRETARY.—The term ‘‘Secretary’’ means Act, and the provisions of chapter 11 of title 18, dated October 28, 1996; and the Secretary of the Interior. United States Code. (5) the Cooperative Agreement to be entered (3) TRUST.—The term ‘‘Trust’’ means the (6) MEETINGS.—The Board shall meet at least into between the Trust and the Secretary pursu- Oklahoma City National Memorial Trust des- three times per year in Oklahoma City, Okla- ant to this Act. ignated under section 5(a). homa and at least two of those meetings shall be (b) AUTHORITIES.— SEC. 4. OKLAHOMA CITY NATIONAL MEMORIAL. opened to the public. Upon a majority vote, the (1) The Trust may participate in the develop- (a) In order to preserve for the benefit and in- Board may close any other meetings to the pub- ment of programs and activities at the properties spiration of the people of the United States and lic. The Board shall establish procedures for designated by the map, and the Trust shall have the world, as a National Memorial certain lands providing public information and opportunities the authority to negotiate and enter into such located in Oklahoma City, Oklahoma, there is for public comment regarding operations mainte- agreements, leases, contracts and other arrange- established as a unit of the National Park Sys- nance and management of the Memorial; as well ments with any person, firm, association, orga- tem the Oklahoma City National Memorial. The as, policy, planning and design issues. nization, corporation or governmental entity, (7) STAFF.— Memorial shall be administered by the Trust in including, without limitation, entities of Fed- cooperation with the Secretary and in accord- (A) NON-NATIONAL PARK SERVICE STAFF.—The Trust is authorized to appoint and fix the com- eral, State and local governments as are nec- ance with the provisions of this Act, the Act of essary and appropriate to carry out its author- August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), pensation and duties of an executive director and such other officers and employees as it ized activities. Any such agreements may be en- and the Act of August 21, 1935 (49 Stat. 666; 16 tered into without regard to section 321 of the U.S.C. 461–467). deems necessary without regard to the provi- sions of title 5, United States Code, governing Act of June 30, 1932 (40 U.S.C. 303b). (b) The Memorial area shall be comprised of (2) The Trust shall establish procedures for the lands, facilities and structures generally de- appointments in the competitive service, and may pay them without regard to the provisions lease agreements and other agreements for use picted on the map entitled ‘‘Oklahoma City Na- and occupancy of Memorial facilities, including tional Memorial’’, numbered OCNM 001, and of chapter 51, and subchapter III of chapter 53, title 5, United States Code, relating to classifica- a requirement that in entering into such agree- dated May 1997 (hereafter referred to in this Act ments the Trust shall obtain reasonable competi- as the ‘‘map’’): tion and General Schedule pay rates. (B) INTERIM PARK SERVICE STAFF.—At the re- tion. (1) Such map shall be on file and available for quest of the Trust, the Secretary shall provide (3) The Trust may not dispose of or convey fee public inspection in the appropriate offices of for a period not to exceed 2 years, such person- title to any real property transferred to it under the National Park Service and the Trust. nel and technical expertise, as necessary, to pro- this Act. (2) After advising the Committee on Energy vide assistance in the implementation of the pro- (4) Federal laws and regulations governing and Natural Resources of the Senate and the visions of this Act. procurement by Federal agencies shall not apply Committee on Resources of the House of Rep- (C) PARK SERVICE STAFF.—At the request of to the Trust, with the exception of laws and reg- resentatives, in writing, the Trust, as estab- the Trust, the Secretary shall provide such uni- ulations related to Federal Government con- lished by section 5 of this Act, in consultation formed personnel, on a reimbursable basis, to tracts governing working conditions, and any with the Secretary, may make minor revisions of carry out day-to-day visitor service programs. civil rights provisions otherwise applicable the boundaries of the Memorial when necessary (D) OTHER FEDERAL EMPLOYEES.—At the re- thereto. by publication of a revised drawing or other quest of the Trust, the Director of any other (5) The Trust, in consultation with the Ad- boundary description in the Federal Register. Federal agency may provide such personnel, on ministrator of Federal Procurement Policy, shall SEC. 5. OKLAHOMA CITY NATIONAL MEMORIAL a reimbursable basis, to carry out day-to-day establish and promulgate procedures applicable TRUST. visitor service programs. to the Trust’s procurement of goods and services (a) ESTABLISHMENT.—There is established a (8) NECESSARY POWERS.—The Trust shall have including, but not limited to, the award of con- wholly owned Government corporation to be all necessary and proper powers for the exercise tracts on the basis of contractor qualifications, known as the Oklahoma City National Memo- of the authorities vested in it. price, commercially reasonable buying practices, rial Trust. (9) TAXES.—The Trust and all properties ad- and reasonable competition. (b) BOARD OF DIRECTORS.— ministered by the Trust shall be exempt from all (c) MANAGEMENT PROGRAM.—Within one year (1) IN GENERAL.—The powers and management taxes and special assessments of every kind by of the Trust shall be vested in a board of Direc- after the enactment of this Act, the Trust, in the State of Oklahoma, and its political subdivi- consultation with the Secretary, shall develop a tors (hereinafter referred to as the ‘‘Board’’) sions including the county of Oklahoma and the consisting of the following 9 members: cooperative agreement for management of those city of Oklahoma City. lands, operations and facilities within the Me- (A) The Secretary or the Secretary’s designee. (10) GOVERNMENT CORPORATION.— (B) Eight individuals, appointed by the Presi- (A) The Trust shall be treated as a wholly morial established by this Act. In furtherance of dent, from a list of recommendations submitted owned Government corporation subject to chap- the general purposes of this Act, the Secretary by the Governor of the State of Oklahoma; and ter 91 of title 31, United States Code (commonly and the Trust shall enter into a Cooperative a list of recommendations submitted by the referred to as the Government Corporation Con- Agreement pursuant to which the Secretary Mayor of Oklahoma City, Oklahoma; and a list trol Act). Financial statements of the Trust shall provide technical assistance for the plan- of recommendations submitted by the United shall be audited annually in accordance with ning, preservation, maintenance, management, States Senators from Oklahoma; and a list of section 9105 of title 31 of the United States Code. and interpretation of the Memorial. The Sec- recommendations submitted by United States (B) At the end of each calendar year, the retary also shall provide such maintenance, in- Representatives from Oklahoma. The President Trust shall submit to the Committee on Energy terpretation, curatorial management, and gen- shall make the appointments referred to in this and Natural Resources of the United States Sen- eral management as mutually agreed to by the subparagraph within 90 days after the enact- ate and the Committee on Resources of the Secretary and the Trust. ment of this Act. House of Representatives a comprehensive and (d) DONATIONS.—The Trust may solicit and (2) TERMS.—Members of the Board appointed detailed report of its operations, activities, and accept donations of funds, property, supplies, or under paragraph (1)(B) shall each serve for a accomplishments for the prior fiscal year. The services from individuals, foundations, corpora- term of 4 years, except that of the members first report also shall include a section that describes tions, and other private or public entities for the appointed, 2 shall serve for a term of 3 years; in general terms the Trust’s goals for the cur- purposes of carrying out its duties. and 2 shall serve a term of 2 years. Any vacancy rent fiscal year. (e) PROCEEDS.—Notwithstanding section 1341 in the Board shall be filled in the same manner SEC. 6. DUTIES AND AUTHORITIES OF THE of title 31 of the United States Code, all proceeds in which the original appointment was made, TRUST. received by the Trust shall be retained by the and any member appointed to fill a vacancy (a) OVERALL REQUIREMENTS OF THE TRUST.— Trust, and such proceeds shall be available, shall serve for the remainder of that term for The Trust shall administer the operation, main- without further appropriation, for the adminis- which his or her predecessor was appointed. No tenance, management and interpretation of the tration, operation, preservation, restoration, op- appointed member may serve more than 8 years Memorial including, but not limited to, leasing, eration and maintenance, improvement, repair in consecutive terms. rehabilitation, repair and improvement of prop- and related expenses incurred with respect to (3) QUORUM.—Five members of the Board erty within the Memorial under its administra- Memorial properties under its administrative ju- shall constitute a quorum for the conduct of tive jurisdiction using the authorities provided risdiction. The Secretary of the Treasury, at the business by the Board. in this section, which shall be exercised in ac- option of the Trust shall invest excess monies of (4) ORGANIZATION AND COMPENSATION.—The cordance with— the Trust in public debt securities which shall Board shall organize itself in such a manner as (1) the provisions of law generally applicable bear interest at rates determined by the Sec- it deems most appropriate to effectively carry to units of the National Park Service, including: retary of the Treasury taking into consideration out the authorized activities of the Trust. Board ‘‘An Act to establish a National Park Service, the current average market yield on outstanding members shall serve without pay, but may be re- and for other purposes’’ approved August 25, marketable obligations of the United States of imbursed for the actual and necessary travel 1916 (39 Stat. 535; 16 U.S.C. 1, 2–4); comparable maturity. and subsistence expenses incurred by them in (2) the Act of August 21, 1935 (49 Stat. 666; (f) SUITS.—The Trust may sue and be sued in the performance of the duties of the Trust. U.S.C. 461–467; its own name to the same extent as the Federal September 25, 1997 CONGRESSIONAL RECORD — SENATE S9913 Government. Litigation arising out of the activi- tragedy ingrained in all of our minds Gary Marrs; Mrs. Polly Nichols; Mr. ties of the Trust shall be conducted by the At- that occurred in downtown Oklahoma Don Ferrell; Mr. Don Rogers; Mr. Rich- torney General; except that the Trust may re- City at 9:02 a.m. on April 19, 1995, in ard Williams; and all others who tain private attorneys to provide advice and which 168 Americans lost their lives worked hard to make this memorial counsel. The District Court for the Western Dis- trict of Oklahoma shall have exclusive jurisdic- and countless thousands more lost fam- possible. Our country is, indeed, proud tion over any suit filed against the Trust. ily members and friends. of you, and I am very confident that (g) BYLAWS, RULES AND REGULATIONS.—The The Oklahoma City memorial, estab- our country will be proud of the Okla- Trust may adopt, amend, repeal, and enforce lished as a unit of the National Park homa City National Memorial. bylaws, rules and regulations governing the Service, will serve as a monument to I also compliment and thank my col- manner in which its business may be conducted those whose lives were taken and those league, Representative FRANK LUCAS, and the powers vested in it may be exercised. who will bear the physical and mental for his leadership in passing this in the The Trust is authorized, in consultation with scars for the rest of their days. The me- House of Representatives, as well as the Secretary, to adopt and to enforce those morial will stand as a symbol to the my colleague, JIM INHOFE, who worked rules and regulations that are applicable to the with me in putting this legislation to- operation of the National Park System and that hope, generosity, and courage shown by may be necessary and appropriate to carry out Oklahomans and fellow Americans gether. its duties and responsibilities under this Act. across the country following the Okla- Mr. President, I ask unanimous con- The Trust shall give notice of the adoption of homa City bombing. This will be a sent that a list of the Oklahoma City such rules and regulations by publication in the place of remembrance, peace, spiritual- Memorial Board of Directors be printed Federal Register. ity, comfort and learning. in the RECORD. (h) INSURANCE.—The Trust shall require that The National Park Service memorial There being no objection, the list was all leaseholders and contractors procure proper site will encompass the footprint of the ordered to be printed in the RECORD, as insurance against any loss in connection with follows: properties under lease or contract, or the au- Alfred P. Murrah Federal Building, 5th OKLAHOMA CITY MEMORIAL BOARD OF thorized activities granted in such lease or con- Street between Robinson and Harvey, DIRECTORS tract, as is reasonable and customary. the site of the Water Resources Build- ing and the Journal Record Building. Ann Alspaugh, Anita Arnold, Clark Bailey, SEC. 7. LIMITATIONS ON FUNDING. Dr. Edward Brandt, Ron Bradshaw, Terry Authorization of Appropriations— An international competition was held Childers, John Cole, Richard Denman, Tiana (1) IN GENERAL.—In furtherance of the pur- to determine the design of the Okla- Douglas, Jeanette Gamba, Gerald L. Gamble. poses of this Act, there is hereby authorized the homa City National Memorial, and I Dr. Kay Goebel, Kathi Goebel, Kevin sum of $5,000,000, to remain available until ex- commend the Oklahoma City Memorial Gotshall, Jean Gumerson, Frank D. Hill, pended. Foundation for an excellent selection LeAnn Jenkins, Kirk Jewell, Robert M. (2) MATCHING REQUIREMENT.—Amounts appro- Johnson, Doris Jones, Kim Jones-Shelton. priated in any fiscal year to carry out the provi- of the winning design. In addition to designating the memo- Jackie L. Jones, Barbara Kerrick, Linda sions of this Act may only be expended on a Lambert, Sam Armstrong-Lopez, Karen matching basis in a ratio of at least one non- rial site as a unit of the National Park Luke, Deborah Ferrell-Lynn, Thomas J. Federal dollar to every Federal dollar. For the Service, this bill also establishes a McDaniel, Sunni Mercer, Leslie Nance, Polly purposes of this provision, each non-Federal wholly owned Government corporation Nichols. dollar donated to the Trust or to the Oklahoma to be known as the Oklahoma City Na- Tim O’Connor, Dr. Betty Pfefferbaum, H.E. City Memorial Foundation for the creation, tional Memorial Trust. The trust, in (Gene) Rainbolt, John Rex, Florence Rogers, maintenance, or operation of the Memorial shall cooperation with the National Park Chris Salyer, Lee Allan Smith, Phyllis Stough, Zach D. Taylor, Phillip Thompson. satisfy the matching dollar requirement without Service, will be charged with admin- regard to the fiscal year in which such donation Toby Thompson, Beth Tolbert, Tom is made. istering the operation, maintenance, Toperzer, III, Kathleen Treanor, Be V Tu, management and interpretation of the SEC. 8. ALFRED P. MURRAH FEDERAL BUILDING. Cheryl Vaught, Bud Welch, G. Rainey Wil- Prior to the construction of the Memorial the memorial site. liams, Richard Williams, Kathy Wyche, Syd- Administrator of General Services shall, among Further, the legislation authorizes a ney W. Dobson. other actions, exchange, sell, lease, donate, or one-time $5 million Federal donation Mr. INHOFE. Mr. President, I am otherwise dispose of the site of the Alfred P. for construction and maintenance of pleased that the Senate has seen fit to Murrah Federal Building, or a portion thereof, the memorial. I commend the hard pass the Oklahoma City National Me- to the Trust. Any such disposal shall not be sub- work of my colleagues, Senator GOR- morial Act of 1997 (S. 871). I believe this ject to— TON and Senator BYRD, for their help in was an important piece of legislation (1) the Public Buildings Act of 1959 (40 U.S.C. securing a $5 million Federal appro- and one deserving immediate enact- 601 et seq.); (2) the Federal Property and Administrative priation in this year’s appropriations ment. Once again, I would like to Services Act of 1949 (40 U.S.C. et seq.); or bill. The $5 million Federal commit- thank my colleague, Senator NICKLES, (3) any other Federal law establishing require- ment will be matched by $5 million for being the originating and driving ments or procedures for the disposal of Federal from the Oklahoma State Legislature force behind this piece of legislation in property. and $14 million in private donations. the Senate and Representative LUCAS SEC. 9. GENERAL ACCOUNTING OFFICE STUDY. While the thousands of family mem- for shepherding through similar legis- Six years after the first meeting of the Board bers and friends of those killed in the lation in the House. of Directors of the Trust, the General Account- bombing will forever bear scars of hav- Earlier, when we considered this bill, ing Office shall conduct an interim study of the ing their loved ones taken away, the we were given the opportunity and the activities of the Trust and shall report the re- Oklahoma City National Memorial will responsibility of remembering a unique sults of the study to the Committee on Energy revere the memory of the survivors and and Natural Resources and the Committee on group of American heroes. To most, Appropriations of the United States Senate, and those lost and venerate the bonds that these individuals are nameless, faceless the Committee on Resources and Committee on drew us all closer together as a result. victims of a savage terrorist attack. Appropriations of the House of Representatives. Mr. President, while it is impossible However, to friends and family of the The study shall include, but shall not be limited to recognize everyone whose hard work victims they are remembered as far to, details of how the Trust is meeting its obliga- and effort made this memorial pos- more. They are remembered as hus- tions under this Act. sible, I submit for the RECORD a list of bands, wives, and children. It was im- Mr. NICKLES. Mr. President, I ask individuals who formed the core of the portant for the rest of us to recognize unanimous consent that the Senate Memorial Design Foundation. In addi- the lives of these men, women, and concur in the amendment of the House. tion, I would commend and extend par- children in their proper context. The PRESIDING OFFICER. Without ticular appreciation to Gov. Frank The 168 individuals who were killed objection, it is so ordered. Keating; his wife, Kathy Keating; Okla- during this cowardly attack, as well as Mr. NICKLES. Mr. President, on be- homa City mayor Ron Norick; Mr. Bob those who were fortunate to survive, half of myself and the cosponsor of this Johnson, director of the Oklahoma deserve our honor and utmost respect. legislation, Senator INHOFE, the legis- City Memorial Foundation, charged It is fitting that the memorial was de- lation we passed today, S. 871, the with selecting the design for the me- signed to honor them both in an appro- Oklahoma City National Memorial Act morial; vice chairman Karen Luke; Mr. priate and visible way. The victims of of 1997, will create a permanent Memo- Tom McDaniel; Mr. Zach Taylor; Mr. the bombing represent the true back- rial to commemorate the national Bud Welch; Oklahoma City Fire Chief bone of America. Their lives serve as a S9914 CONGRESSIONAL RECORD — SENATE September 25, 1997 testament to what this country is, are located in today’s RECORD under I come to the floor today to plead what it can be, and what will be. As he- ‘‘Statements on Introduced Bills and with my colleagues to support this lan- roes, they will be honored. As individ- Joint Resolutions.’’) guage. I would tell you that the people uals, they will be missed, mourned, and Mr. SMITH of Oregon. Mr. President, we represent would not be amused by remembered as the true embodiment of with the permission of the Senator our inaction or our unwillingness to do our great American spirit. from Indiana, I ask unanimous consent something. This isn’t about trade, this In addition to the immediate victims to speak as in morning business. I will isn’t about freedom of contract, this is of the bombing, we have also recog- take a couple minutes. about taking tax dollars from the nized the law enforcement officials, the The PRESIDING OFFICER. Without American people and giving them to a emergency rescue personnel, and the objection, it is so ordered. government that is reimposing Stalin- countless volunteers who rushed to our Mr. SMITH of Oregon. I thank the ist restrictions. Imagine going to a aid in our moment of crisis. The pro- Chair and the Senator from Indiana, townhall in your State, or mine in Or- posed memorial’s acknowledgment of Senator COATS. egon, and talking to Catholics who are not only the victims, but the others in- f watching the spectacle of their church volved in the rescue process, was art- FREEDOM OF RELIGION IN RUSSIA being removed from Russia—and then fully done to remind all of us that we trying to explain why Russia should Mr. SMITH of Oregon. Mr. President, are part of a nation that cares and re- get American tax dollars as foreign aid. I wanted to come to the Senate floor sponds to those in need. I thank the Chair for this time. I this morning and talk about a develop- The establishment of the memorial is thank my colleague again from Indi- ment in Russia that is of concern to not only appropriate but an important ana. I yield back the balance of my this body because of the action we took tool for teaching future generations of time. earlier this summer. Americans what we are all about—com- Earlier in the year the Russian Duma f ing together. It is also a reminder to us passed a law which would reintegrate a DISTRICT OF COLUMBIA that the price of our freedom is eternal Stalinist system when it comes to free- APPROPRIATIONS ACT, 1998 vigilance against those who would rob dom of conscience, freedom of religion. us of our sense of security through acts The PRESIDING OFFICER. Under Four religions: Judaism, Buddhism, the the previous order, the Senate will now of terrorism. Russian Orthodox Church, and Islam Throughout the entire legislative resume consideration of S. 1156, which were identified as sanctioned by the the clerk will report. process, I was pleased to note the ex- Russian Federation, but left out all tent of involvement by the survivors The bill clerk read as follows: Protestant religions, the Catholic reli- A bill (S. 1156) making appropriations for and the families of those who trag- gion, and any other minority faith that ically lost their lives, as well as the the government of the District of Columbia is currently operating there according and other activities chargeable in whole or larger community. This type of co- to international treaty and according in part against the revenues of said District operation is not only indicative of how to Russian law, previous Russian law for the fiscal year ending September 30, 1998, Oklahomans get things done, but will and the Russian Constitution. and for other purposes. result in a Memorial that is aestheti- These new groups would be treated in The Senate resumed consideration of cally designed and truly meaningful to minority fashion, in that they could the bill. all those who will visit the site for gen- not own property, they could not oper- Pending: erations to come. ate schools, have missionaries there, Coats amendment No. 1249, to provide In closing, I would like to thank my publish Bibles or distribute them or scholarship assistance for District of Colum- colleagues for recognizing the impor- employ people. They would be required bia elementary and secondary school stu- tance of this legislation and giving it to get rid of bank accounts and to reg- dents. their immediate attention. We can all Wyden amendment No. 1250, to establish ister with the state. What I am describ- that it is the standing order of the Senate be proud we will now have a suitable ing is a huge setback for Russia, back memorial to honor the lives of the that a Senator who objects to a motion or into Stalinist times. And so, this body matter shall disclose the objection in the men, women, and children killed in the took very courageous action. It voted CONGRESSIONAL RECORD. bombing. 95 to 4 to withhold foreign aid to Rus- AMENDMENT NO. 1249 Mr. FAIRCLOTH addressed the sia, should this be enacted. I was de- The PRESIDING OFFICER. Under Chair. lighted after we did that, that Presi- the previous order, the Senate will now The PRESIDING OFFICER. The Sen- dent Boris Yeltsin was good to his word proceed to the consideration of amend- ator from North Carolina. and vetoed that legislation. After that, Mr. FAIRCLOTH. Mr. President, I ment No. 1249 with the time until 5 however, he participated in a com- ask unanimous consent to speak as in p.m. equally divided and controlled in promise bill, which an honest reading the usual form. morning business for 5 minutes. would tell a person is of no difference. Mr. NICKLES. Will the Senator with- Mr. COATS addressed the Chair. The upper house of the Duma, yester- The PRESIDING OFFICER. The Sen- hold for a moment? day, passed compromise legislation. Mr. FAIRCLOTH. Excuse me. ator from Indiana. The PRESIDING OFFICER. If the The President is expected to sign it, Mr. COATS. Mr. President, we will Senator will withhold. The Senator and unfortunately, the worst things now for about the next 5 hours be dis- from Oklahoma. that could happen to religion in Russia cussing an issue that I believe is impor- Mr. NICKLES. Mr. President, I would could still happen. There is reason to tant to every Member of the U.S. Sen- like to make sure we have taken final believe that the Russian Government ate and important to this country and action on S. 871. will implement this law differently important to the future of education. The PRESIDING OFFICER. We have than it is actually written. It is for this The amendment is titled the ‘‘Dis- taken final action. reason that I have worked with Sen- trict of Columbia Student Opportunity Mr. NICKLES. I thank my colleague ator MITCH MCCONNELL, and other Scholarship’’ amendment. It is being from North Carolina for his patience, members of the Foreign Operations offered by myself and Senator as well as my colleague from Indiana Subcommittee, to modify our bill in a LIEBERMAN from Connecticut. We will for setting aside some time to pass this small, but significant way. The word be presenting the case for this amend- legislation. This is very important leg- ‘‘enact’’ will be changed in conference ment to our colleagues who we trust islation to the people of Oklahoma and to ‘‘implement’’ in order to give the they will be listening carefully to what I think to our country as well. Russian leaders some latitude in inter- is said, and I think the important de- The PRESIDING OFFICER. The Sen- preting this legislation. The foreign op- bate that will ensue as a result of our ator from North Carolina. erations bill language will now allow offering this amendment. Mr. FAIRCLOTH. I thank the Sen- the Russian Government 6 months to The amendment is fairly basic. It ator from Oklahoma, and I thank the enact the new legislation in a manner provides opportunity scholarships for Chair. that will not discriminate against mi- children in grades K through 12 for Dis- (The remarks of Mr. FAIRCLOTH per- nority religions before a decision is trict of Columbia residents whose fam- taining to the introduction of S. 1219 made to withhold foreign aid. ily incomes are below 185 percent of the September 25, 1997 CONGRESSIONAL RECORD — SENATE S9915 poverty level. Scholarships may be have textbooks at the beginning of the ty and future prospects of their 13- used to pay tuition costs at a public or year and 20 percent lacked adequate year-old child to wait 10 more years for private school in the District of Colum- supplies. The D.C. public school system the results of public school reform? By bia and in adjacent counties in Mary- spends more money per pupil than any admitting that public school reform in land and Virginia. other district in America, and yet 65 the District will be accomplished in Scholarships are also available under percent of all D.C. public school- decades, we are saying that the sac- this amendment for tutoring assistance children test below their grade level. rifice of a generation of students is un- for students who attend public schools And 56 percent who take the Armed avoidable. within the District. Forces qualification test—one of the But what if that child were our child? We establish a District of Columbia few ways out of poverty in America for What if that child was the child or the scholarship corporation that will deter- low-income students—56 percent who grandchild of a Member of this body mine how the money is distributed. take the Armed Forces qualification who was assigned to a school where Student eligibility goes to those, as I test fail. physical attacks and robberies and said, whose family incomes are 185 per- The D.C. public school system spends drug sales are rampant, where edu- cent or below of the poverty line. For more money per pupil than any other cation is failing, where the one oppor- those at or below the poverty line, district in America, yet only about 50 tunity they have to escape the poverty these scholarships can total $3,200. For percent of education spending—that that they are living in, a decent edu- those who are between the poverty line money that is available in the District cation, is unavailable to them? Would and 185 percent of that, they can re- of Columbia—goes toward instruction. we be content to sit back and let the ceive the lesser of 75 percent of the cost The system has 1 administrator for bureaucrats tell us it will take a dec- of tuition and monetary funds and every 16 teachers while the national ade to reform these schools? Would transportation to attend an eligible in- average is 1 administrator for every 42 those of us who have a 10- or 12- or 13- stitution of up to $2,400. The tuition teachers. That fact alone gives us an year-old be content for one moment to scholarship is also available for tutor- explanation as to one of the primary allow that situation to exist if there ing in amounts up to $500 for students reasons for the failure of D.C. students, was anything we could do about it? who stay in D.C. public schools. mostly minority students, to learn in We are asking poor inner-city chil- The election process is designed to the D.C. school system—a bureaucracy dren and their parents to tolerate cir- not discriminate in any way. All eligi- which consumes an extraordinary cumstances for years that most mid- ble applicants will be considered. If amount of money, over 50 percent of dle-class and affluent Americans would there are more applicants than scholar- education funding in the District. not tolerate for a moment. And we ex- ships available selection will be on a The D.C. public school system spends pect them to be satisfied and gratified random basis. more money per pupil than any other with tinkering changes and symbolic The funding in no way takes one votes on funding which have shown no penny out of funds available for D.C. district in America, and two-thirds of the teachers report that violent stu- history of results at all—nothing but public schools. In fact, the $7 million in failure, endlessly repeated, mindlessly spending for fiscal year 1998 comes out dent behavior is a serious obstacle to teaching. And 16 percent of students re- accepted. of the Federal contribution to the Dis- This city should be ashamed of its in- trict of Columbia that is earmarked for port carrying a weapon to school. Over 1 in 10 avoid school because they fear competence. And we in Congress should deficit reduction. That total contribu- be ashamed of our failure to deliver tion—$30 million more than the Presi- for their safety. It is safe to say, Mr. President, that some hope, some measure of improve- dent requested—we will deduct $7 mil- ment for these children. This is not an lion out of that. So no, the District is if these results were found in suburban schools, the education reform move- issue of whether or not local or State not denied any funds, schools are not governments have a right to control denied any funds. This is taken out of ment would more closely resemble the French Revolution. But because these education. a fund that was added by Congress in We in the Federal Government have children are powerless and distant from addition to the President’s budget. the responsibility for this Federal city. our experience, because of the color of Mr. President, there is one unavoid- We have a responsibility for the con- their skin and the size of their parents’ able fact at the center of the school duct of affairs in this city and in par- bank accounts, we seem content to de- choice debate. When education col- ticular for the educational system in bate and delay help for those students. lapses, it is generally not the middle- this city. That educational system has We are content to promise reforms class children who suffer the most. failed. It is time we offered some rem- that never arrive. There is a price for Their parents, in response to that col- edies. lapse, have already chosen other pri- our patience, a cost to our inertia, With this bill we have set out to turn vate schools, other public schools or measured in squandered potential and this justified embarrassment and moved to the suburbs or away from stolen hope, measured by the advance shame into something productive, that particular school, leaving only the of rage or retreat into apathy. something immediately helpful, some- low-income, often minority children, in PRIVILEGE OF THE FLOOR thing hopeful, not something 10 years these dysfunctional, often drug- and Mr. President, at this point I would down the line, but something that can crime-infested institutions, with little like to offer a UC that I omitted to be hopeful immediately to children pretense of learning or educational op- offer earlier. I ask unanimous consent caught in this tragic situation. portunity. that Brent Orrell, my legislative direc- The argument in favor of low-income We have seen this happen in large tor, who has been very instrumental in school choice comes down to a single cities across our country—in Philadel- putting all this together be granted question which I hope every Member of phia, New York, Detroit, and others. floor privileges. this body will seriously ponder. Is it We have seen it happen around us. The PRESIDING OFFICER. Without just, is it fair, is it compassionate to Every day as we meet here in the Cap- objection, it is so ordered. insist on the coercive assignment of itol, every day surrounding us in the Mr. COATS. Mr. President, Gen. Ju- poor children to failed schools? District of Columbia, our Capital City, lius Becton has been charged with re- It is a question which answers itself. we see this happening with tragic re- forming education in the District. He No, it is not just, it is not fair, it is not sults. deserves our support. But by his own compassionate, if there are alter- The D.C. public school system spends estimates, it will take 5 or 10 years to natives that work, that can provide more money per pupil than any other test his approaches. Similar changes hope to these students, that can pro- district in America. I am going to be have been promised by five new super- vide opportunity for these students to repeating that phrase. The District of intendents in the last 15 years. escape the failed education system that Columbia public school system spends I suspect that many District parents they currently are forced to comply more money per pupil than any other are skeptical. I believe they have every with, alternatives that teach care and school district in America. right to be. Put yourself for a moment discipline. In 1996, 12 percent of the classrooms into their shoes. What good does it do Right now in the District of Colum- in the District of Columbia did not a parent who fears for the current safe- bia these alternatives exist but they S9916 CONGRESSIONAL RECORD — SENATE September 25, 1997 are rationed by cost, distributed by the families they are from, look at the damental question: What makes a wealth. And that is not just, that is not disadvantages that they have, there is school public? This is the answer he fair, and that is not compassionate. nothing that we can do except provide gave: Yet we can do something about it, at some kind of a baby-sitting service What makes a school public is that it func- least in the District for at least some during daylight hours,’’ that is untrue. tions in the public interest. of the District’s children. We have side by side with these failing That interest involves high stand- Mr. President, I am entirely con- public schools in our urban areas, side ards, consistently met—not the provi- fident about two things in this debate, by side, schools that are accomplishing sion of services by one group or an- two facts that I think are beyond dis- success and not reaping failure, that other. The public interest is to ensure pute. First of all, the children of our are taking the same students and pro- that this happens, through whatever cities, even from broken homes in deso- viding that success at less than half mix of public policies which make it late neighborhoods, are capable of edu- the cost of our public schools. happen. cational achievement. This should not The second fact I am sure about is He goes on to say: be necessary to say because it is obvi- that low-income, inner city parents Although there must continue to be strong ous to so many of us, but it is not obvi- support school choice in growing and support for public education, it is, in the ous to the educational establishment. final analysis, not the system that is impor- overwhelming numbers—75 percent in tant; it is the students and their families The educational establishment ar- Philadelphia, 95 percent in Milwaukee. who must be primary. We must ask the ques- gues exactly the opposite. They claim The Milwaukee and Cleveland school tion, what is the best interests of the chil- that schools fail because parents and choice programs, the only ones of their dren, not in the best interests of the system. students are failures themselves, com- kind, were not started by Republicans. And in my professional opinion, the interests plicating the work of educators with They were started by parents fed up of poor students are best served if they are personal problems. I am sure you have with their schools that their children truly given choice which permits them to heard this excuse that the jobs of pursue a variety of successful options, public were compelled to attend. They were and private. teachers are impossible because fami- sponsored and supported by an emerg- Fuller testified that the most basic lies and communities refuse to help. ing element of African American lead- problem with the current system is a But, Mr. President, we know this is ership. Councilwoman Fannie Lewis of structure of power relationships that not true. We know that disadvantaged Cleveland, Annette ‘‘Polly’’ Williams leads to inertia: children are not educational failures by of Milwaukee, Anyam Palmer of Los If you do not somehow change the existing birth or circumstance or destiny. We Angeles, State Representative Glenn know this as a matter of hard social power relationships, the existing configura- Lewis of Ft. Worth, State Representa- tions, no matter how deeply you might feel science. We know this because of the tive Dwight Evans of Philadelphia— about making change, it is not going to success of nonpublic schools, primarily these are not black Republican con- occur, because the dynamics of the system Catholic schools, that admit the same servatives; they are activist Democrats are a curb to the kind of change you want to pool of urban students. who view school choice as a matter of make. If you leave it intact, and you operate The late James Coleman of the Uni- equity. They are men and women who under its current form, we are not going to versity of Chicago found lower dropout have come to resent a nanny state in make the difference that we want to make rates and higher test scores among dis- for all of the children. But this need not be which the nanny has grown surly and the end of public education. advantaged Catholic school students arrogant and abusive and unresponsive. than their public school peers. William I want to repeat that for my col- Alveda King, niece of Martin Luther leagues, the former superintendent of Evans and Robert Schwab, of the Uni- King, Jr., in this Capitol just 2 weeks versity of Maryland, came to similar the Milwaukee Public School System, ago, referred to school choice as a mat- who is talking about the need to conclusions, recording disproportionate ter of civil rights. She says: gains by disadvantaged kids in Catho- change the structure of public edu- In the name of civil rights, some oppose re- cation so that it truly can begin the lic schools. Other studies reveal that lief for religious parents who want their chil- Catholic schools are more racially in- real process of reform, this man says dren to attend a religious school. In the that it need not mean the end of the tegrated than their public counterparts name of helping poor and minority children, public school system. and succeed at about half the cost. opponents of ‘‘opportunity scholarships’’ Opponents of this opportunity schol- I want to repeat, studies have indi- want to continue business as usual in the arship program say, ‘‘You really want cated that the Catholic schools are Washington schools. . . . U.S. citizenship to do away with the public school sys- more racially integrated than urban guarantees all parents an education for their children. This is a true civil right. Yet some tem.’’ Not at all. We absolutely need a public schools and they succeed where children receive a better education than oth- public school system in this country to public schools fail, at half the cost of ers, due to their parents’ abilities to pay for begin to touch and educate the mil- public schools. benefits that are often missing in public lions of children who live in this coun- These efforts succeed—with the same schools. This inequity is a violation of the try, but we need a system that will group of at-risk children—because civil rights of the parents and children who provide them with equal opportunities Catholic education begins with an en- are so afflicted by lack of income and by the for education, and they are not getting tirely different premise than the edu- mismanagement endemic to so many of the that now, particularly in many urban cational establishment: that every stu- country’s public school systems. Ms. King concludes: areas, and particularly among our mi- dent can succeed if properly guided, nority children. and that 8 hours a day is a significant, The District of Columbia Student Oppor- As Howard Fuller says: tunity Scholarship Act was designed specifi- even decisive, intervention in a child’s This need not be the end of public edu- cally to alleviate this inequality—to restore life. This is not skimming. This is not cation. It is redefining what is a public edu- parents’ and children’s civil rights. creaming. This is faith and tenacity. cational system in 1997—not what it was in I pointed to Catholic urban schools To Alveda King and to many African- 1960, but what it should look like in 1997, because they have done such a remark- Americans today, this is a civil right, 1998, the year 2000—[and beyond]. able job in our inner cities. There are the opportunity for equality of oppor- This shift in power and philosophy other non-Catholic but religious tunity in the education of their chil- that Dr. Fuller describes involves a schools and private schools that are dren. mix of approaches: strengthened public secular schools that have demonstrated In July of this year, the Labor and schools, low-income scholarships and an ability to take the same students Human Resources Committee, on charter schools. I am a supporter of all from the same areas, at half the cost or which I proudly serve, held a hearing of those things. They are not mutually less, and do a better job in preparing on the school choice issue. It was par- exclusive. Senator LIEBERMAN and I are those students for educational opportu- ticularly instructive. One witness was not here today to say undo the public nities for the future or for employment Howard Fuller, former superintendent system and replace it with choice. We opportunities for the future—an as- of Milwaukee public schools—former are saying we support a mix of things. toundingly better job. superintendent of Milwaukee public They are not mutually exclusive. In So this argument that what can you schools, an outside-the-box thinker on fact, they are necessary to one an- do with these kids, ‘‘After all, look at education. He began by asking a fun- other. September 25, 1997 CONGRESSIONAL RECORD — SENATE S9917 Dr. Fuller concludes: schools where they have not succeed in I don’t think it is about passionate I think you have to have a series of options public schools. voices. I think it is about our children. for parents. I support charter schools. I sup- The hypocrisy is equally clear. While How can we help our children? I think port site-based management. I support any- education unions oppose school choice, there is complete agreement that one thing that changes the options for parents. many inner-city public school teachers way to help our children is to make But I am here to say that if one of those op- send their children to schools other sure they have the best education in tions is not choice that gives poor parents a than those which they teach. They are, the world. I don’t think that is the way to leave, the kind of pressure that you in fact, two to three times more likely need internally is simply not going to occur. question. So what I think it is about is than other parents to send their chil- not about us, it is about the children. Dr. Fuller, who supports a range of dren to private schools. In Milwaukee It is about how we help them get the choice for parents, says if one of those and Cleveland, for example, more than best education possible. As someone options is not choice then poor parents 50 percent of public school teachers who believes in a free public education, have no way to leave the system and send their own children to private as someone who attended public apply the kind of pressure that has to schools. In the District, that figure is schools all the way from kindergarten be applied internally if any major 28 percent, still twice the national av- to college, and as someone who sent change is going to occur. erage. I don’t blame them. They are my children to public schools, and as His points were buttressed by several doing what is in the best interests of someone who represents a State that inner-city parents who telephoned. Lis- their own child. But I do blame edu- has rejected private school vouchers ten to Pam Ballard of Cleveland: cation unions for actively denying that with taxpayer funds twice overwhelm- After being in the Cleveland public schools choice to others. The hypocrisy of the ingly, I think I stand here with some and having a child who attended Cleveland educational unions and the hypocrisy credibility on the subject. public schools, my daughter was listed a be- of those who say we must maintain the havior problem. She was listed a ‘‘D’’ or ‘‘F’’ It really amazes me, in a year when student in all subjects. She did not want to public school system and not allow op- the District of Columbia students go to school. She had no interest in school. portunities for low-income people when started their school year late because The students would hit her, kick her, mis- they, themselves, send their children many of their school buildings were treat her. away from the public schools that they not safe, that we are voting on amend- But Pam Ballard got a scholarship teach in so that they can get a better ments that essentially gives money to for her child at Hope Central Academy: education at a private school. private schools. What I said yesterday We are not talking about sending It made a difference. I see that difference when I alluded to this amendment is every time I watch my daughters at play, children to St. Alban’s or Sidwell- that it would be very hard for many of studying, reading, learning. . . Please keep Friends. We are talking about sending us to support an amendment that helps the scholarship and tutoring programs alive. young, fragile kids to schools with a 3 percent of the students—or purports It is a beginning, and we all need new begin- little order, a little sanity, a little dis- to help 3 percent of the students, while nings. It has helped keep me and my daugh- cipline, a little individual attention, a leaving 97 percent without any addi- ters alive. little love—schools like St. Thomas tional help. Listen to Barbara Lewis from Indian- More in Anacostia, or the Nanny I want to make the point with a apolis, who got similar help for her Hellen Burroughs School in Northeast, chart that I am going to just leave up child: islands of nurture and learning. here. I think that what we need is a My son began to struggle in school. He was I visited those schools. Senator 100-percent solution, which is quality not getting the attention he needed. At no LIEBERMAN and I have taken the oppor- public schools for all the children. That time did a teacher ever try to set up a par- tunity to visit those schools. What a is what we need. As I go around my ent-teacher conference to see what we could remarkable, remarkable difference at a State, I have an ‘‘Excellence in Edu- come up with to help my child. I requested fraction of the cost of the public extra credit work, and I tried to set up meet- cation’’ award that I give out to par- schools. We cannot even begin to imag- ents, to teachers, to principals, to busi- ings with the teacher, to no avail. I began to ine the fears of a mother in the Dis- lose hope. I felt that my child’s gifts were ness leaders, who are all helping get to trict who is forced to send her child being wasted. quality public schools for all. Yes, we through barbed wire and metal detec- Then an individual provided Ms. have problem public schools in our tors, into a combat zone masquerading State. We also have some great public Lewis with a scholarship that the Indi- as an education institution. If we do schools in our State. I think what we ana State Legislature failed to provide: not take the side of that mother with need to do, rather than give money to The values I was teaching him at home immediate, practical help, we will be- the private schools when we know we were finally reinforced at school. My son tray her yet again. I, for one, intend to blossomed into an honor roll student, a stu- don’t have extra funding, is to ensure take the side of these parents without dent council leader, and a football standout. that we taxpayers don’t divert the hesitation or without apology and School choice is not a new issue. People of money into private schools, but in- without delay. I urge my colleagues to financial means have always had this choice stead, make sure that it is diverted of where they would send their children, to do the same. what school. They could afford to move I yield the floor but reserve the re- where it belongs, to all the children. So where they wanted, and they could afford the mainder of my time. we are faced here with private school tuition for private schools, while lower-in- The PRESIDING OFFICER. The Sen- vouchers for a few—for 3 percent, a come families with the same hopes and ator from California couple thousand of the kids in the Dis- dreams for their children and their children’s Mrs. BOXER. Mr. President, this is a trict of Columbia while there are 78,000 futures are denied the choice, and they very important debate. Yesterday when who absolutely are going to lose by should not be. we opened debate on the D.C. appro- this. And so I hope people will support Mr. President, it is my hope that the priations, I urged colleagues on both the 100 percent solution that many of Senate will listen to these quiet voices sides not to come forward with con- us are supporting, rather than a 3-per- rather than the strident voices of the troversial amendments because I feel, cent solution. education unions—voices of hyperbole particularly in light of the situation in Now, what do I mean by a 100-percent and hypocrisy. The hyperbole comes in the District of Columbia, we need to solution? I mean that we should do the accusation that we are destroying move on with this bill. But such is not things that help all of our children. public education in the District with the case and every Senator has every What are some of those things? We this measure. On the contrary, we are right to bring an issue to the floor at know that our colleague, Senator not even touching it. These scholar- any time, and that is what has hap- CAROL MOSELEY-BRAUN, has pointed ships are not deducted from District pened here. We do have a long, exten- out that many of our schools are crum- education funds. They represent en- sive debate on the issue of vouchers. bling, that there are serious problems tirely new money. The only challenge Mr. President, as I said yesterday, I with them. It certainly was brought to public education in the District that don’t think this is about anything but home not only here in the District of they provide is the challenge of exam- our children. I don’t think it is about Columbia, but in other parts of the ple—the example of at-risk students strong voices. I don’t think it is about country, as other schools also opened succeeding and private and religious quiet voices. late because they were dealing with S9918 CONGRESSIONAL RECORD — SENATE September 25, 1997 these repairs. So here we go, some that would divert $7 million to private to tell you, he talked about the want to give $7 million—$7 million—to schools and leave 97 percent of the kids ‘‘nanny’’ State. If ever there was an ex- private schools. By the way, allowing a without any improvement. She says: ample of bureaucracy, it is the way lot off the top for administration—and ‘‘Virtually the entire city is speaking this program is going to be adminis- I will get into that—and that whole out against vouchers. The voucher tered. I am not going to put my own new bureaucracy that is set up in this movement is trying to use the children spin on it, I say to my colleagues, I am amendment is extraordinary. I am of the District of Columbia as stepping- going to read the bill. I am going to going to read you the amendment, stones. We know what we want, and it’s read the bill, starting on page 7 and about the bureaucracy it sets up. The not vouchers. Hear the people: We can’t ending—I have to get the right page schools need help in terms of the facili- waste money in this District.’’ number here—on page 34. That is how ties. We could have mentoring pro- The Reverend Graylan Ellis-Hagler long it takes to explain how this thing grams for these children, academic as- from the Plymouth Congregational is going to work. sistance, bringing in the business com- UCC Church says: ‘‘[Sterling] Tucker’s munity, recreational activities, tech- DISTRICT OF COLUMBIA SCHOLARSHIP COR- letter sent to D.C. clergy was deceptive PORATION. nology training. As the President has at best—it never even used the word said, every child should know how to ’voucher’. The voice of the people has GENERAL REQUIREMENTS.— log onto a computer in our schools. been ignored. We are having vouchers This is the bill, folks, this is the There are other viable school activi- rammed down our throats.’’ amendment we are being asked to vote ties, drug, alcohol and gang prevention, The Reverend Vernor Clay, Lincoln on that will address 3 percent of the health and nutrition counseling, and United Methodist Church: ‘‘We have kids. This is the bureaucracy that is job skills preparation. Mr. President, if voted down vouchers in the past. Our going to address a couple of thousand you look at the rate of crime commit- voice will not be undermined. Put kids. This is the bureaucracy that is ted by juveniles, it would amaze you to money into the infrastructure of our going to be created that is political see the spike-up between the hours of 3 schools if you’re going to put it any- when you hear how the appointments and 6 p.m. It seems to me that since we where. [Put it] into our public stu- are made. It sticks politics right in the do have a great desire here to help the dents.’’ He said, ‘‘I’m ashamed I signed middle of these children. This is the kids of the District of Columbia, we my name to Tucker’s letter. I was mis- bureaucracy that is the answer to what ought to be helping all of them from a led my him and his hired lobbyist.’’ my colleague calls the ‘‘nanny State.’’ menu of things that we could do for the Reverend Dr. Earl Trent from the Let me read it to you: $7 million that, if this amendment Florida Avenue Baptist Church: ‘‘I am passes, will be diverted away from all outraged that Congress has stepped on There is authorized to be established a pri- the children. our rights. We want nothing to do with vate, nonprofit corporation, to be known as the ‘‘District of Columbia Scholarship Cor- Now, I want to point out that, under vouchers. It is going to harm a major- this amendment, the District of Colum- poration,’’ which is neither an agency nor es- ity of our schools. Let the Congress- tablishment of the United States Govern- bia would be used as a guinea pig. It is men try vouchers in their own States.’’ ment or the District of Columbia govern- a scheme that many States have re- Well, of course, in my State, it was ment. jected. I talked about my own State of voted down twice. (2) DUTIES.—The Corporation shall have California. Recent voucher proposals in Rev. Anthony Moore, Carolina Mis- the responsibility and authority to admin- Washington State and Colorado and sionary Baptist Church: ‘‘We all [the ister, publicize, and evaluate the scholarship California have lost by over 2-to-1 mar- ministers] stand united against vouch- program in accordance with this title, and to gins. A recent Gallup poll said that 71 ers. If you want to help our schools, determine student and school eligibility for percent of Americans believe the focus give them money for repairs and sup- participation in such program. of improvement efforts should be on re- plies, not foolish programs.’’ (3) CONSULTATION.—The Corporation shall forming the existing public school sys- Rev. Willie Wilson, Union Temple exercise its authority— tem rather than on finding an alter- Baptist Church: ‘‘This has been a very (A) in a manner consistent with maximiz- native system. Congress should not undemocratic process. The Government ing educational opportunities for the maxi- enact what the American people reject. should be by and for the people. As a mum number of interested families; and Funds should not go to private community, we voted vouchers out, but (B) in consultation with the District of Co- schools when the District of Columbia now they’re being forced on us. I was lumbia Board of Education or entity exercis- has such stark needs. Their needs are ing administrative jurisdiction over the Dis- lied to by Rep. Tucker and his lobbyist. trict of Columbia Public Schools, the Super- $2.1 billion to repair the schools, and 41 The letter was designed to rob the Dis- intendent of the District of Columbia Public percent don’t have enough power out- trict of Columbia.’’ Schools, and other school scholarship pro- lets and electrical wiring to accommo- Rev. Jennifer Knutson, Foundry grams in the District of Columbia. date computers and multimedia equip- United Methodist Church: ‘‘Vouchers (4) APPLICATION OF PROVISIONS.—The Cor- ment. So we are taking $7 million and are not the answer. Public money poration shall be subject to the provisions of giving it to the private schools, many should be spent on our public schools.’’ this title, and, to the extent consistent with of which have endowments. And 66 per- So here are some religious voices this title, to the District of Columbia Non- cent of D.C. schools have inadequate that are speaking out pretty unified. profit Corporation Act (D.C. Code, sec. 29–501 heating, ventilation, and air condi- ELEANOR HOLMES NORTON, who is a tre- et seq.). tioning. So we are taking 3 percent of mendous representative of the people (5) RESIDENCE.—The Corporation shall have the kids out of there and leaving 97 here and works so hard on these bills, its place of business in the District of Colum- is adamant on this point because she bia and shall be considered, for purposes of percent of the kids in a situation where venue in civil actions, to be a resident of the they don’t even have basic heating and represents all the children, not just 3 District of Columbia. air conditioning. Public dollars should percent of the children. She doesn’t (6) FUND.—There is established in the not be routed to private schools before want a 3 percent solution, she wants a Treasury a fund that shall be known as the public school students in the District 100 percent solution. It is such an aban- District of Columbia Scholarship Fund, to be of Columbia get what they need. donment of the children to go this administered by the Secretary of the Treas- Now, I want to point this out because route. That is why voters in California, ury. the Senator from Indiana quoted a which is on the cutting edge of change, (7) DISBURSEMENT.—The Secretary of the number of people from the District of rejected this idea. We should not give Treasury shall make available and disburse Columbia and called them the ‘‘quiet up on our children. to the Corporation, before October 15 of each voices.’’ Let me add to some of the Now, here is an interesting point. fiscal year or not later than 15 days after the voices from a press conference that was The Senator from Indiana has very elo- date of enactment of an Act making appro- held on September 17, with 11 ministers quent, heartfelt remarks and, believe priations for the District of Columbia for such year, whichever occurs later, such funds and the D.C. Congresswoman ELEANOR me, I greatly respect them. He talked a as have been appropriated to the District of HOLMES NORTON. Representative ELEA- lot about the bureaucracy of the D.C. Columbia Scholarship Fund for the fiscal NOR HOLMES NORTON, who worked so schools. He took probably several mo- year in which such disbursement is made. very hard on this underlying bill, so ments of his introduction to go after (8) AVAILABILITY.—Funds authorized to be very hard with Republicans and Demo- them. I don’t defend any bureaucracy. I appropriated under this title shall remain crats alike, talks about this proposal never have and I never will. But I have available until expended. September 25, 1997 CONGRESSIONAL RECORD — SENATE S9919 (9) USES.—Funds authorized to be appro- My colleagues know that this is not at an annual rate of pay greater than the an- priated under this title shall be used by the one of the most inspiring speeches that nual rate of pay of the Executive Director. Corporation in a prudent and financially re- I have ever made. But I think it is im- (4) SERVICE.—All officers and employees of sponsible manner, solely for scholarships, portant that we read this entire the Corporation shall serve at the pleasure of contracts, and administrative costs. the Board. (10) AUTHORIZATION.— amendment because it deals with set- (5) QUALIFICATION.—No political test or (A) IN GENERAL.—There are authorized to ting up a whole other bureaucracy for qualification may be used in selecting, ap- be appropriated to the District of Columbia 2,000 children in the District of Colum- pointing, promoting, or taking other person- Scholarship Fund— bia—just 3 percent of the children—and nel actions with respect to officers, agents, (i) $7,000,000 for fiscal year 1998; enables this bureaucracy to take 7.5 or employees of the Corporation. (ii) $8,000,000 for fiscal year 1999; and percent off the top of the $7 million. I (d) POWERS OF THE CORPORATION.— (iii) $10,000,000 for each of fiscal years 2000 think it is important that we see what (1) GENERALLY.—The Corporation is au- through 2002. thorized to obtain grants from, and make (B) LIMITATION.—Not more than 7.5 percent we are creating here. contracts with, individuals and with private, of the amount appropriated to carry out this (6) INCORPORATION.—The members of the State, and Federal agencies, organizations, title for any fiscal year may be used by the initial Board shall serve as incorporators and and institutions. Corporation for salaries and administrative shall take whatever steps are necessary to (2) HIRING AUTHORITY.—The Corporation costs. establish the Corporation under the District may hire, or accept the voluntary services (b) ORGANIZATION AND MANAGEMENT; BOARD of Columbia Nonprofit Corporation Act (D.C. of, consultants, experts, advisory boards, and OF DIRECTORS.— Code, sec. 29–501 et seq.). panels to aid the Corporation in carrying out (1) BOARD OF DIRECTORS; MEMBERSHIP.— (7) GENERAL TERM.—The term of office of this title. (A) IN GENERAL.—The Corporation shall each member of the Board shall be 5 years, (e) FINANCIAL MANAGEMENT AND RECORDS.— have a Board of Directors (referred to in this except that any member appointed to fill a (1) AUDITS.—The financial statements of title as the ‘‘Board’’), comprised of 7 mem- vacancy occurring prior to the expiration of the Corporation shall be— bers with 6 members of the Board appointed the term for which the predecessor was ap- (A) maintained in accordance with gen- by the President not later than 30 days after pointed shall be appointed for the remainder erally accepted accounting principles for receipt of nominations from the Speaker of of such term. nonprofit corporations; and the House of Representatives and the Major- (8) CONSECUTIVE TERM.—No member of the (B) audited annually by independent cer- ity Leader of the Senate. Board shall be eligible to serve in excess of 2 tified public accountants. consecutive terms of 5 years each. A partial (2) REPORT.—The report for each such audit So NEWT GINGRICH and TRENT LOTT term shall be considered as 1 full term. Any shall be included in the annual report to will recommend these to the President. vacancy on the Board shall not affect the Congress required by section 11(c). Board’s power, but shall be filled in a man- (B) HOUSE NOMINATIONS.—The President We are only on page 16 and we have shall appoint 3 of the members from a list of ner consistent with this title. 9 individuals nominated by the Speaker of (9) NO BENEFIT.—No part of the income or to go to page 32. But I think we are the House of Representatives in consultation assets of the Corporation shall inure to the learning by reading this what a bu- with the Minority Leader of the House of benefit of any Director, officer, or employee reaucracy we are about to embark Representatives. of the Corporation, except as salary or rea- upon. (C) SENATE NOMINATIONS.—The President sonable compensation for services. (f) ADMINISTRATIVE RESPONSIBILITIES.— shall appoint 3 members from a list of 9 indi- (10) POLITICAL ACTIVITY.—The Corporation (1) SCHOLARSHIP APPLICATION SCHEDULE AND viduals nominated by the Majority Leader of may not contribute to or otherwise support PROCEDURES.—Not later than 30 days after the Senate in consultation with the Minority any political party or candidate for elective the initial Board is appointed and the first Leader of the Senate. public office. Executive Director of the Corporation is (D) DEADLINE.—The Speaker of the House (11) NO OFFICERS OR EMPLOYEES.—The mem- hired under this title, the Corporation shall of Representatives and Majority Leader of bers of the Board shall not, by reason of such implement a schedule and procedures for the Senate shall submit their nominations to membership, be considered to be officers or processing applications for, and awarding, the President not later than 30 days after the employees of the United States Government student scholarships under this title. The date of the enactment of this Act. or of the District of Columbia Government. schedule and procedures shall include estab- (E) APPOINTEE OF MAYOR.—The Mayor shall (12) STIPENDS.—The members of the Board, lishing a list of certified eligible institu- appoint 1 member of the Board not later while attending meetings of the Board or tions, distributing scholarship information than 60 days after the date of the enactment while engaged in duties related to such meet- to parents and the general public (including of this Act. ings or other activities of the Board pursu- through a newspaper of general circulation), (F) POSSIBLE INTERIM MEMBERS.—If the ant to this title, shall be provided a stipend. and establishing deadlines for steps in the President does not appoint the 6 members of Such stipend shall be at the rate of $150 per scholarship application and award process. the Board in the 30-day period described in day for which the member of the Board is of- (2) INSTITUTIONAL APPLICATIONS AND ELIGI- subparagraph (A), then the Speaker of the ficially recorded as having worked, except BILITY.— House of Representatives and the Majority that no member may be paid a total stipend (A) IN GENERAL.—An eligible institution Leader of the Senate shall each appoint 2 amount in any calendar year in excess of that desires to participate in the scholarship members of the Board, and the Minority $5,000. program under this title shall file an appli- Leader of the House of Representatives and (c) OFFICERS AND STAFF.— cation with the Corporation for certification the Minority Leader of the Senate shall each So members of the board can be paid for participation in the scholarship program appoint 1 member of the Board, from among $5,000 and they are helping 3 percent of under this title that shall— the individuals nominated pursuant to sub- the kids in the District of Columbia. (i) demonstrate that the eligible institu- paragraphs (A) and (B), as the case may be. tion has operated with not less than 25 stu- (1) EXECUTIVE DIRECTOR.—The Corporation The appointees under the preceding sentence dents during the 3 years preceding the year shall have an Executive Director, and such together with the appointee of the Mayor, for which the determination is made unless other staff, as may be appointed by the shall serve as an interim Board with all the the eligible institution is applying for cer- Board for terms and at rates of compensa- powers and other duties of the Board de- tification as a new eligible institution under tion, not to exceed level EG–16 of the Edu- scribed in this title, until the President subparagraph (C); makes the appointments as described in this cational Service of the District of Columbia, So, if you hear that, schools can be to be fixed by the Board. subsection. created that have no track record and (2) POWERS.—All powers of the Corporation (2) STAFF.—With the approval of the Board, shall vest in and be exercised under the au- the Executive Director may appoint and fix pop up and get this taxpayer dollar. thority of the Board. the salary of such additional personnel as There it is on page 17. (3) ELECTIONS.—Members of the Board an- the Executive Director considers appro- Two, contain insurance that the eli- nually shall elect 1 of the members of the priate. gible institution will comply with all Board to be the Chairperson of the Board. So we have a board where members of the applicable requirements, three (4) RESIDENCY.—All members appointed to can have a stipend not to exceed $5,000. contain an annual statement of the eli- the Board shall be residents of the District of We have an executive director, and he gible institutions budget, four, describe Columbia at the time of appointment and or she can appoint and fix the salary of the eligible institutions proposed pro- while serving on the Board. such additional personnel as the execu- (5) NONEMPLOYEE.—No member of the gram including personnel qualifica- Board may be an employee of the United tive director considers appropriate, all tions and fees. States Government or the District of Colum- to help 3 percent of the kids while 97 (ii) contain an assurance that the eligible bia Government when appointed to or during percent of the kids get no benefit from institution will comply with all applicable tenure on the Board, unless the individual is this. requirements of this title; on a leave of absence from such a position (3) ANNUAL RATE.—No staff of the Corpora- (iii) contain an annual statement of the el- while serving on the Board. tion may be compensated by the Corporation igible institution’s budget; and S9920 CONGRESSIONAL RECORD — SENATE September 25, 1997 (iv) describe the eligible institution’s pro- ticipation in the scholarship program under I see the Senator from Rhode Island posed program, including personnel quali- this title unless the Corporation finds— is here. I know the Senator from Con- fications and fees. (I) good cause to deny the renewal, includ- necticut is waiting to be heard. But I ing a finding of a pattern of violation of re- So, it is possible under this bill to think it is very important that we read create a brandnew institution just to quirements described in paragraph (3)(A); or (II) consistent failure of 25 percent or more this amendment because one of the get this publicized. of the students receiving scholarships under criticisms about schools in general is (B) CERTIFICATION.— this title and attending such school to make that they are bureaucratic and you (i) IN GENERAL.—Except as provided in sub- appropriate progress (as determined by the can’t get more bureaucratic in my paragraph (C), not later than 60 days after Corporation) in academic achievement. mind than this. receipt of an application in accordance with (iv) DENIAL OF CERTIFICATION.—If provi- I want to point out that 7.5 percent of subparagraph (A), the Corporation shall cer- sional certification or renewal of provisional $7 million for administration and reim- tify an eligible institution to participate in certification under this subsection is denied, the scholarship program under this title. then the Corporation shall provide a written bursement to this board of directors is (ii) CONTINUATION.—An eligible institu- explanation to the eligible institution of the $525,000. That is over half a million dol- tion’s certification to participate in the reasons for such denial. lars for a brand new bureaucracy—just scholarship program shall continue unless (D) REVOCATION OF ELIGIBILITY.— what we do not need, frankly, at this such eligible institution’s certification is re- (i) IN GENERAL.—The Corporation, after no- point. voked in accordance with subparagraph (D). tice and hearing, may revoke an eligible in- Now, I am going to skip some of this (C) NEW ELIGIBLE INSTITUTIONS.— stitution’s certification to participate in the in the interest of time, but I am going (i) IN GENERAL.—An eligible institution scholarship program under this title for a to read some of it. that did not operate with at least 25 students year succeeding the year for which the deter- in the 3 years preceding the year for which mination is made for— (3) LOTTERY SELECTION.—The Corporation the determination is made may apply for a 1- (I) good cause, including a finding of a pat- shall award scholarships to students under year provisional certification to participate tern of violation of program requirements this subsection using a lottery selection in the scholarship program under this title described in paragraph (3)(A); or process whenever the amount made available for a single year by providing to the Corpora- (II) consistent failure of 25 percent or more to carry out this title for a fiscal year is in- tion not later than July 1 of the year preced- of the students receiving scholarships under sufficient to award a scholarship to each stu- ing the year for which the determination is this title and attending such school to make dent who is eligible to receive a scholarship made— appropriate progress (as determined by the under this title for the fiscal year. (I) a list of the eligible institution’s board Corporation) in academic achievement. So we are helping 3 percent of the of directors; (ii) EXPLANATION.—If the certification of kids, and sometimes it will be a lot- (II) letters of support from not less than 10 an eligible institution is revoked, the Cor- tery. members of the community served by such poration shall provide a written explanation eligible institution; And so as to save time, I am going to of the Corporation’s decision to such eligible go to a very interesting part here. It (III) a business plan; institution and require a pro rata refund of (IV) an intended course of study; the proceeds of the scholarship funds re- goes on and on and on. There is a sub- (V) assurances that the eligible institution ceived under this title. section on civil rights and a very im- will begin operations with not less than 25 (3) PARTICIPATION REQUIREMENTS FOR ELIGI- portant part in here. students; BLE INSTITUTIONS.— An eligible institution participating in the (VI) assurances that the eligible institu- (A) REQUIREMENTS.—Each eligible institu- scholarship program under this title shall tion will comply with all applicable require- tion participating in the scholarship pro- not discriminate on the basis of race, color, ments of this title; and gram under this title shall— national origin, or sex in carrying out the (VII) a statement that satisfies the re- (i) provide to the Corporation not later provisions of this title. quirements of clauses (ii) and (iv) of subpara- than June 30 of each year the most recent It is very important that that be in graph (A). annual statement of the eligible institution’s (ii) CERTIFICATION.—Not later than 60 days budget; and here. after the date of receipt of an application de- (ii) charge a student that receives a schol- APPLICABILITY AND CONSTRUCTION WITH RE- scribed in clause (i), the Corporation shall arship under this title not more than the SPECT TO DISCRIMINATION ON THE BASIS OF certify in writing the eligible institution’s cost of tuition and mandatory fees for, and SEX.— provisional certification to participate in transportation to attend, such eligible insti- With respect to discrimination on the basis the scholarship program under this title un- tution as other students who are residents of of sex, subsection (a) shall not apply to an el- less the Corporation determines that good the District of Columbia and enrolled in such igible institution that is controlled by a reli- cause exists to deny certification. eligible institution. gious organization if the application of sub- So, here we have it, folks. The Sen- (B) COMPLIANCE.—The Corporation may re- section (a) is inconsistent with the religious ator from Indiana talked about the quire documentation of compliance with the tenets of the eligible institution. great private schools, and, yet, under requirements of subparagraph (A), but nei- Now, this goes on and talks about this you can just spring up with a new ther the Corporation nor any governmental single-sex schools, classes or activities, entity may impose requirements upon an eli- one, and bring in those tax dollars for revocations, and then there is actually gible institution as a condition for participa- a part in this amendment that I saw 2,000 kids, and you leave behind 97 per- tion in the scholarship program under this cent of the children. There are 78,000 title, other than requirements established that deals with abortion. children in D.C. schools. You are set- under this title. OK, on page 29 of this bill that sets ting up in this amendment and a bu- SEC. ll04. SCHOLARSHIPS AUTHORIZED. up scholarships for children, we say reaucracy that is extraordinary allow- (a) ELIGIBLE STUDENTS.—The Corporation here: ing new schools to pop up, and scholar- is authorized to award tuition scholarships With respect to discrimination on the basis ships are going to be made available to under subsection (c)(1) and enhanced of sex nothing in subsection (a) shall be con- 2,000 children. And the stipend that achievement scholarships under subsection strued to require any person, or public or (c)(2) to students in kindergarten through private entity to provide or pay, or to pro- goes to the board of directors exceeds grade 12—— hibit any such person or entity from provid- the amount of the scholarship, and the (1) who are residents of the District of Co- ing or paying, for any benefit or service, in- executive director can hire anyone he lumbia; and cluding the use of facilities, related to an or she wants. They have a cap on over- (2) whose family income does not exceed abortion. all administration, but do whatever he 185 percent of the poverty line. Now, I just have to say we are talk- (b) SCHOLARSHIP PRIORITY.— or she wants as long as they are not ing about a scholarship program for paid more than he gets paid or she gets (1) FIRST.—The Corporation first shall award scholarships to students described in kids aged from kindergarten until paid. But I am only on page 20. subsection (a) who—— about age 12, and we have a section in There I pause. (A) are enrolled in a District of Columbia here on abortion. (iii) RENEWAL OF PROVISIONAL CERTIFI- public school or preparing to enter a District I say to anybody reading this—and I CATION.—After receipt of an application of Columbia public kindergarten, except that have slowed it down in deference to my under clause (i) from an eligible institution this subparagraph shall apply only for aca- colleagues who are on the other side of that includes a statement of the eligible in- demic years 1997–1998, 1998–1999, and 1999– the issue who want to be heard on stitution’s budget completed not earlier than 2000; or 12 months before the date such application is (B) have received a scholarship from the this—I say that anybody reading this filed, the Corporation shall renew an eligible Corporation for the academic year preceding would have to agree, how you can stand institution’s provisional certification for the the academic year for which the scholarship up here and fight against bureaucracy second and third years of the school’s par- is awarded. and the nanny state and then defend an September 25, 1997 CONGRESSIONAL RECORD — SENATE S9921 amendment like this which sets up an do this. For $3.5 million we can have 70 kids and the parents. Let them decide entire new bureaucracy, which sets up after-school programs so our kids are where they want it to go for their edu- a board of directors that can be paid as not home alone and they have some- cation. much as $5,000 a year, more than the body to say ‘‘yes’’ to. We could get new Mr. President, this is a very impor- scholarships you are giving, which sets boilers for the schools. It costs $19,000 tant amendment. There is a certain up a situation that a brand new school per boiler to keep those kids warm. We way in which a lot of us—and I am can pop up, I suppose as long as they could fix many of the problems in our guilty of this some myself—are kind of get through the board of directors. D.C. schools for 100-percent of the chil- predisposed. We go by momentum. We Maybe they have some clout because dren. judge, well, which group of my friends, who is appointing the board of direc- I hope as Members consider how to which interest is on which side, which tors? Politicians—politicians—the ma- vote on this they will go for a 100 per- interest group is on the other side. I jority leader, in consultation with the cent solution, not the 3 percent solu- appeal to people, our colleagues here minority leader, the Speaker in con- tion which is so unfair to the children and, frankly, particularly directly to sultation with the Democratic leader and sets up a bureaucracy that steals those in my own party, to take a look over there. money right off the top—a half-million at this amendment. Senator BOXER What is this? For a scholarship pro- dollars to go to boards of directors and read from the amendment. gram that at best will serve 2,000 stu- executive directors and all of those After you read the amendment, read dents and leaving 76,000 students with things I read to you. And so I thank my this: ‘‘Children in Crisis, a Report on nothing, and a half-million dollars off colleagues for their patience and I the Failure of D.C.’s Public Schools, the top for administrative costs, and yield the floor but retain the remain- November 1996,’’ written on behalf of that is just now. der of our time on this side. the District of Columbia Financial Re- I was on the board of directors once Mr. COATS addressed the Chair. sponsibility and Management Assist- of a preschool center when my kids The PRESIDING OFFICER (Mr. ance Authority, the control board we were little. It was wonderful. It was THOMAS). The Senator from Indiana. created. nonsectarian, but it actually happened Mr. COATS. Mr. President, I would What is the conclusion? It is docu- to be a community that used a church like to yield as much time as the Sen- mented in painful—if I had a child in facility. We had a tremendous scholar- ator from Connecticut, coauthor of this this system I would say infuriating, ship program. And I have to tell you, it provision and partner with me in this heartbreaking—detail. I quote: was a great scholarship program—a effort, may consume. I appreciate his The deplorable record of the District’s pub- support and help in this effort. lic schools by every important educational private institution, nonprofit—and we and management measure has left one of the did not need to have all of this. If the The PRESIDING OFFICER. The Sen- city’s most important public responsibilities private sector wants to help the kids, ator from Connecticut. in a state of crisis, creating an emergency they can put forward some scholarships Mr. LIEBERMAN. I thank the Chair. which can no longer be ignored or excused. on their own. We do not need to set up I thank my friend and colleague from The District of Columbia Public School [Sys- a new, massive bureaucracy. That is Indiana. I thank him particularly for tem] is failing in its mission to educate the what I call it. Because you read this— his consistent leadership in this effort. children of the District of Columbia. In vir- I am sure everyone who might have I am proud to be his cosponsor along tually every area and for every grade level, the system has failed to provide our children with Senator BROWNBACK, a Republican been listening to it fell asleep—going with a quality education and a safe environ- through pages and pages of regulations, Senator, colleague, and friend from ment in which to learn. you find out that in fact members of Kansas, and—and I mention this with I stress the word ‘‘emergency’’ be- the board can be paid more than an in- some pleasure—Senator LANDRIEU, our cause I am going to come back to that dividual gets who gets the scholarship; new colleague, Democratic Senator word. There is an emergency in the you find out in fact it is the Speaker of from Louisiana, is also a cosponsor. District of Columbia Public School the House and majority leader, and in Mr. President, before I get to laying System and we are devoting a lot of ef- this case the Democratic minority, out the reasons why I am for this fort—as I said before, over $500 million, who have input into who sits on this measure, I just want to respond to $564 million in this bill, going from the board of directors. The President gets something our colleague from Califor- Federal taxpayers to the District of Co- to appoint them on recommendation nia said. lumbia Public School System. We are from at this point TRENT LOTT and The Senator from California kept doing everything we can to try to NEWT GINGRICH after consultation with stressing over and over again this foun- make it better. What is wrong with their counterparts. dation, this nonprofit board that we taking $7 million, compared to the $564 This is not the end of the nanny are setting up to administer these million, and saying in this state of state. This is the beginning of the po- scholarships and talked about the enor- emergency, good God, let’s give 2,000 litical state in the middle of our chil- mous amount of money that it was kids and their parents a chance to get dren’s lives. going to spend—bureaucracy, overhead. out of the emergency and better their I look forward to working with my In the amendment, which we are put- own lives, better their education so colleagues on both sides of the aisle to ting in to create this program, the non- they can provide for themselves? putting forward something that is instructional, the administrative costs That is what this is about. It would going to help 100 percent of the kids. are capped to 7.5 percent. It does come do nothing more than offer 2,000 chil- We know after-school programs are to a little bit over a half-million dol- dren from low-income homes the op- needed by these children. We know lars. But take a look at the budget of portunity to attend a better school. In- that after-school programs work. I say the District of Columbia Public School cidentally, we often don’t mention it, to my colleagues who are for this, let System. Noninstructional central ad- but there is another part of it. It would me show you LA’s Best, an after-school ministration and overhead, 33 percent. offer 2,000 additional disadvantaged program for LA’s kids. Boy, those kids Only two-thirds of the money we give— children of the District of Columbia, are so successful. They are doing 75 and we give well over half a billion of who go to the public schools and want percent better than the kids that do public money to the District of Colum- to stay there, the opportunity for a not go to that after-school program. bia—two-thirds of that gets spent on $500 scholarship to use for exactly the Let’s get new textbooks. This amend- instruction, one-third on central ad- kind of program Senator BOXER talked ment provides $7 million. For $1 mil- ministration. about: After-school tutoring, enrich- lion, we can get new textbooks for The amendment Senator COATS and I ment, the kind of program that will every third, fourth and fifth grader in are putting in caps central administra- help that child have a better prospect the D.C. schools. I remember when I tion for this scholarship program at 7.5 of doing better, even within the tough was a kid opening the books and smell- percent. So I do not think that is a circumstances in the District of Co- ing the new school books. We all re- very good argument to oppose our lumbia system. That is all this is member those days. And today our kids amendment. In fact, our amendment is about. get textbooks that are falling apart. pretty tightly drawn where 92.5 percent People talk about this as if, I don’t For $1 million of the $7 million we can of the money we give will go to the know, it is un-American. It is actually S9922 CONGRESSIONAL RECORD — SENATE September 25, 1997 fundamentally American, because it if a child was in the middle of a fire that D.C. control board study that I deals with equal opportunity, making and somebody was offering a lifeline referenced earlier. The District of Co- it real for kids who are trapped in a out and somebody says, ‘‘Oh, no, no, lumbia Public School System in fact school system in which, no matter how no, the building they are in is a his- has one of the highest per-pupil ex- much most of them work, and their toric building. That is not fair to the penditures in the country, spending an parents hope for them, they are not child.’’ average of $1,100 more per child than going to have an equal opportunity. Listen to the complaints of some of cities of comparable size. Here is the They are not going to have the same the critics and you will see, I am District of Columbia. It spends $7,655. opportunity that those many in the afraid, that they have concocted a These are per-pupil, from 1994 and District of Columbia, the richer ones, flexible fiction that allows them to be- 1995—$7,655. The national average is who send their kids to private schools lieve this fight, their fight, is right, no $6,084. And look at neighboring dis- and other schools, are going to have. matter what the facts say. In the alter- tricts, districts around the District of Listen to some of the critics of this native universe of the critics, money is Columbia: $6,552. They spend slightly amendment and you would think we the solution to problems that, in fact, more than $1,000 less than the D.C. were going to cause the sky to fall are often created by wasteful bureauc- school systems spend. You can go on. down on public education. Just over racies. Private schools to which many The chart speaks for itself. Only New- the last week a number of organiza- choice critics themselves send their ark spends more than the District of tions that I consider to be well-inten- kids are not right, somehow, for chil- Columbia per child. tioned have flooded the Hill with shrill dren of the poor, seems to be the impli- So it is not money here, it is the way letters proclaiming that this bill is dis- cation in the criticism, and giving a the money is being spent. Put $7 mil- criminatory, that it is unconstitu- poor parent the same choices that lion to 100 percent of the kids, what are tional; possibly, from what you read, heretofore have been reserved for those you going to get? If I may build on the the single greatest threat to American who can afford them amounts, some- Washington Post conclusion, a better education since I don’t know what. how, to an act of discrimination in- financed failure. Take the $7 million, Even Secretary of Education Richard stead of what it is, an act of give it to these 2,000—4,000 students, Riley, a man I admire so much, went so empowerment. you are going to give them a chance at far as to suggest this week that our bill Nowhere have the myths been a better education and a better life. I would ‘‘undermine a 200-year American stretched further than in the case of will readily concede that the $7 million commitment to the common school.’’ this D.C. scholarship amendment. I could be tacked onto the public school Mr. Secretary, respectfully, that is just want to spend a few moments to budget. But we have to ask ourselves, just not so. Those of us sponsoring this recite for my colleagues some of the will that really help the kids who are amendment are having a hard time rec- more spurious charges that have been there now, spreading the money on top onciling the exaggerated rhetoric of made, and to respond to them. I think of a bureaucracy that is still having our critics with the actual details of it is important to do so because I want trouble counting how many students it our plan. Let me repeat. We are talking to make every effort I can to make has—which is what this Control Board about spending $7 million next year to sure that Members of the Senate have report tells us? Or putting it directly fund this program, compared to the accurate information about this into the hands of 2,000 families so they $564 million we are giving to the public amendment before they make up their can attend a school they are confident schools in the District. That is about minds on how to vote. I also hope to can educate their child. If we are ask- two-tenths of 1 percent for this test, demonstrate the extraordinary lengths ing what is best for the students and to which our critics have gone to at- for this pilot program, for this lifeline not what is best for the system, there tack this plan and uphold what I feel is to a couple of thousand disadvantaged is no question what will do more good a failed dogma, which is irrelevant to kids in the District. We don’t take one right away, in this coming year, and and insensitive to the trap in which dime away from the D.C. public schools that is the scholarship program. thousands of D.C. students and their with this amendment. And this small, Myth No. 2, often heard about school parents find themselves today: Unsafe experimental program is purely vol- choice and heard about this program. schools—unsafe structurally and un- untary. No people who are satisfied The scholarship is too low to pay for safe in terms of crime—where too with their current public school will be private school and there is no space at many teachers are not actually educat- forced to make any other choice. private schools for these kids, so it is ing the children. The only explanation I can come up kind of a sham. Wrong. Our critics I am going to talk about some with, after the years of listening to the myths. seem to have a dated image of the uni- wild allegations that have accom- Myth No. 1: This amendment would verse of private and faith-based panied the school choice debate, is, if I drain desperately needed resources schools, one that assumes that every may put it this way, that love is blind, from D.C. public schools. I think I have school is Saint Alban’s or Sidwell even in public policy circles. Our crit- talked a bit about that, but, very brief- Friends. There are 88 private and paro- ics are so committed to the noble mis- ly, the funding for our program comes chial schools inside the beltway that sion of public education that they have from the Federal payment to the city. cost less than $4,000 per student, in- shut their eyes to the egregious fail- It would have no impact on the D.C. cluding 60 that cost less than the $3,200 ures in so many of our public schools school budget. Put it another way, if scholarship our amendment would pro- and insisted on defending the indefensi- this amendment fails, the D.C. schools vide. There are at least 2,200 spots now ble; insisted on blocking children in a will not get one additional penny. This open in schools with tuition less than situation that the D.C. control board criticism is based on the misguided no- $4,000, and that is according to just a describes as an emergency from getting tion that throwing more money at the partial survey of the schools inside the out of that emergency. So they are D.C. public schools will solve the crisis beltway. conditioned to believe that any depar- they are experiencing. The truth is A related complaint we hear is the ture from their orthodoxy is tanta- that the Washington Post did not label scholarships will not do much good be- mount to the death of their cause. the D.C. public school system a well-fi- cause private and religious schools can They refuse to even concede the possi- nanced failure for nothing. and do discriminate. Certainly not dis- bility that offering children this kind The Senator from California said, crimination based on race. This charge of choice would give them a chance at ‘‘Why not take the $7 million and give ignores what is happening today at pri- a better life while we are investing so it to 100 percent of the children? Give vate and parochial schools here and in much and working so hard nationally it to the school system.’’ For what? To other urban areas around this country. and here in the District to repair and better finance the failure that too Studies show that Catholic schools, as reform our public schools. many of them are struggling to get an an example, in New York and Chicago Of course our public schools will al- education and build a life for them- and in my own capital city of Hartford, ways be our priority concern when it selves under? are serving overwhelmingly minority comes to educating our children. But I refer my colleagues briefly to this populations. And that is more than what about the ones who are—this is as chart which was taken directly from true here in the District. This chart, I September 25, 1997 CONGRESSIONAL RECORD — SENATE S9923 think, is a startling one. The student in their first year. Math test scores programs that give parents greater population of the District’s 16 center- rose an average 15 percent in 1 year for educational choice, a demand that cuts city Catholic schools is 93 percent Afri- kids involved in the choice program across partisan, racial, class, and ideo- can American. Center-city Catholic, 93 there; reading tests 5 percent—just 1 logical lines. percent African-American, actually 5 year after leaving public schools. Take a look at who is driving the percent higher than the 88 percent Af- That data builds on several convinc- choice movement at the grassroots rican-American enrollment in the pub- ing studies demonstrating that low-in- level around the country. Mothers like lic schools of the District of Columbia. come students attending center-city Zakiya Courtney in Milwaukee and Catholic schools are hardly an excep- Catholic schools have achieved far Barbara Lewis in Indianapolis. Edu- tion. For example, Senator COATS and I higher scores than their peer groups in cators like Howard Fuller, the former have been to visit the Nannie Helen the local public schools. Comparable Milwaukee superintendent of schools. Burroughs School, an elementary populations in each case, two different Legislators like Glenn Lewis from school run by the National Baptist settings, kids in the center-city Catho- Texas. Civil rights leaders like Alveda Convention here in Washington. It is in lic schools doing much better. King from Atlanta, Dolores Fridge, the an area in the northeast section. It has A 1990 Rand Corp. comparison of Minnesota Commissioner of Human 100-percent African-American school schools in New York City, for instance, Rights. All happen to be African-Amer- population. We talked to the principal. found that the Catholic schools grad- icans. To the best of my knowledge, She said literally they have an open- uated 95 percent of their students an- most of them are Democrats. door policy. She said to Senator COATS nually, while the comparable public They are not moved by politics. What and me, ‘‘We will accept anyone who schools graduated slightly more than moves them is love for their children comes to the door—anyone who comes 50 percent. These are numbers, but be- and frustration and anger that their to the door.’’ So much for the charge of hind these numbers are thousands of children are being denied a chance at discrimination. children—thousands of children—who, the American dream because they are Members of the Senate should also when they don’t finish school, are gen- being forced, for reasons of income, to know that this amendment contains erally confined to a life without real attend chronically dysfunctional pub- explicit civil rights protections that opportunity. lic schools. would prohibit schools participating in Look at the difference: 95 percent of These activists have been joined by this program from discrimination the kids in the Catholic schools grad- thoughtful thinkers, independents like based on race, color, gender, national uate; slightly more than 50 percent in Bill Raspberry and Democrats like Bill origin, and it references the District of the comparable public schools. Galston, former domestic policy ad- Columbia Human Rights Act, which ac- The Rand Corp. report also showed viser to President Clinton, who have tually has a broader series of anti- that the Catholic school students out- both endorsed the program that we are discrimination protections. performed their counterparts in the proposing in this amendment today. Myth No. 3: The voters of the District public schools and—again, this is in Consider the fact that polls routinely have already rejected choice. That is New York City—on the SAT exam by show that support for just the kind of what the critics say. They will con- an average of 160 points. program we are proposing is growing tinue to cite the results of a referen- A study released earlier this year by into a majority. For example, just this dum held—when?—17 years ago on a Derek Neal of the University of Chi- week, the Center for Education Reform tuition tax credit plan totally different cago found that low-income Catholic released a survey showing that 82 per- from the scholarship amendment Sen- school students were twice as likely to cent of American adults favored giving ators COATS, BROWNBACK, LANDRIEU, graduate from college as their public parents greater educational choice, and and I are proposing here. school counterparts. What a story. It 72 percent approve of using taxpayer A much more recent, May 1997, poll shows what we all know; it shows it so funds to allow poor parents to choose a and a more relevant poll, found that 62 powerfully. better school for their child—72 percent percent of low-income parents in the The problem here is not the kids. Put on a poll released just this week. District, the people this program is de- the kids in an environment where they This is not partisan. Unfortunately, signed to serve, thought a scholarship have a real chance to learn, where they the vote in Congress too often has been plan was an excellent or good idea. are going to be taught in a way that is divided along party lines, but that is Mr. President, the fascinating part of focused on them, and they will blos- not the reality out across America. that poll—I don’t have the exact num- som, they will rise, they will soar, with Why? Because the American people are ber in front of me—is that the more twice as many graduating from college. fair, they are realistic, they are prac- white and higher income the group Not surprising, then, that Paul Vallas, tical. They see what is happening to polled, the more likely they were to op- the man charged with rebuilding the too many of the children in too many pose this proposal, the more likely also decrepit Chicago Public School Sys- of our public school systems. While we that their children were in private or tem, and doing a great job from all re- are working feverishly to repair those faith-based schools. The people that ports, is working closely with edu- school systems, they think some of the this scholarship program is aimed at cators in the schools of the Catholic kids are trapped in them, not because helping desperately want this kind of Archdiocese of Chicago to learn what they are less able, but only because lifeline. has made these faith-based schools suc- their parents don’t have the money to Later in the debate I will cite a study ceed where the public schools have take them out of those school systems done among African-Americans nation- failed. It is surprising, though, that few that aren’t working for them. ally that a joint center, distinguished other urban administrators have been The parents and activists and local think tank, in town shows remarkable willing to do the same thing. political leaders who are demanding rising support for school choice pro- Myth No. 5, another false allegation: choices are not out to destroy the pub- grams, vouchers, particularly among This amendment is part of a Repub- lic schools, as so often is alleged. Sen- younger African-Americans. I wonder lican-only agenda. It is a sad fact that ator COATS and I, Senator BROWNBACK, why, sadly, too many African Amer- most of the choice proponents in Con- Senator LANDRIEU—none of us are out ican children are suffering from a lack gress are members of the Republican to destroy the public schools. I am the of real opportunity in school systems Party, although I am proud to say that proud product of a public school. I re- like the one in the District of Colum- Senator LANDRIEU and I are cosponsors ceived a great education. I know the bia. of this amendment, and in the House, role that the public school has played Myth No. 4: There is no evidence, the Congressman FLOYD FLAKE of New in America as a blender, a meeting critics say, that scholarships will im- York and Congressman BILL LIPINSKI of ground for people of all kinds who prove academic performance. Well, just Chicago have joined in cosponsoring come to the public schools. But the re- a few days ago, a research team from this bill. ality is, in too many of our schools Harvard released a study showing that But you have to go beyond that. To today, that is not happening. students participating in the Cleveland write this effort off as a partisan effort Mr. President, I can’t think of a pub- choice program made significant gains is to ignore the growing demand for lic school education support proposal S9924 CONGRESSIONAL RECORD — SENATE September 25, 1997 that I haven’t supported in the 81⁄2 davit filed by a member of the Milwau- being denied the equal opportunity for years I have been in the Senate of the kee school system in a school choice an education that the desegregation United States. IDEA, special education case where that member testified to movement, that Brown versus Board of funding, School to Work Act, the Presi- the positive competitive effect that the Education, that all the tumult that fol- dent’s national testing initiative, char- school choice program in Milwaukee lowed it was all about. ter school programs, funding, more and had on the public schools. The kids in the District school sys- more funding for the public schools. For all this, Senator COATS and the tem do not have a real equal oppor- What the critics fail to realize is that other cosponsors and I are accused of tunity to an education. And that is you can support this scholarship pro- leaving behind or abandoning the 76,000 what our amendment is all about. gram and support public education. children who would not have access to Mr. President, finally, I want to This is not an either/or equation. the scholarship program. The irony, of make a plea to the Members of my own In fact, Senator BROWNBACK and I, course, is that just the opposite is true. party. If I may be partisan in this particularly as the Chair and ranking Too many of these children have al- sense, this Democratic Party of ours in member of the Senate D.C. oversight ready been abandoned by a school sys- its modern expression was built on a committee, are working constantly tem that has been driven into the central principle, equal opportunity, with General Becton, now the head of ground by too much incompetence, too building on the bedrock insight that the D.C. Public School System, to give much indifference to the best interests the Declaration of Independence and him real support in meeting the over- of the city’s families, a system that is the Constitution have, that everybody whelming challenge he has of resus- so bad that the control board report is created equal, and that these are in- citating the D.C. school system. that I mentioned earlier concludes alienable rights that we have, inciden- I repeat, again, the very bill on which something that I had to look at two or tally not given to us by the founders of we are aiming to attach this amend- three times to understand: the country or by Congress or any ment provides $564 million, over one- The longer students stay in the District’s other group but given to us by our Cre- half billion dollars of money from the Public School System, the less likely they ator. are to succeed educationally. taxpayers of the United States for the The Democratic Party in the modern D.C. Public School System. General I couldn’t believe that. ‘‘The longer history of this country has focused on Becton himself concedes that the D.C. students stay in the District’s Public making this ideal of equal opportunity public schools—he said this before our School System, the less likely they are real. At our best we have been the committee—will not get better really to succeed educationally.’’ I went back. party of upward mobility, we have been to where he wants them to be for at What does that mean? It means as the the party that welcomed people to this least 5 or 10 years. They are going to grade levels go up, the District school country, immigrants to this country. get better along the way. He said, kids fall further and further below the We have stood for giving everybody a ‘‘Don’t expect an overnight miracle national average on standardized tests. fair chance to go up. Getting a decent here. I am not going to reach what you To continue to do nothing, other than education was at the heart of that. want to make of the school system for to call for more money, while these That ultimately is what is at the another 5 or 10 years.’’ children suffer is unfair to these chil- heart of this debate—basic fairness, What do we tell the children who are dren. equal opportunity. The reality is that in the school system in the meantime, That is why the onus should not be we already have de facto educational and what do we tell their parents? That on us to defend our plan or alternative, choice in this country. It is just lim- in the name of some ideology, for some our scholarships, but on those who op- ited to those who can pay for it. The reason of history, to protect the ideal pose doing anything that does not fit question we now face is, whether we of the public school system as some of inside the box of status quo public edu- make that kind of choice available to us experienced it that doesn’t have any cation which is failing thousands of the children who really need it most or realistic relationship to what is hap- children here in the District of Colum- whether we continue to deny them the pening every day for thousands of kids bia. in the District of Columbia, in the We have to ask, what are you willing opportunity out of some fear of upset- name of preserving public education, to do to change things right now? What ting the status quo or some interest that we as adults are willing to sac- are we willing to do to rescue these groups who support the status quo. rifice children’s futures, the kids who kids who must go to schools that have I urge my Democratic colleagues to are there now, in a system described by more metal detectors than computers? think about why they became Demo- the control board as in a state of emer- To continue to do nothing out of fear crats, what the party is all about, and gency? We are willing to sacrifice them of being divisive or offending one or an- how, when we think about that, how for the sake of a process, an idea that other group is irresponsible. And, you they can oppose scholarships for 4,000 is not real in their lives? Go into the know, that is a major argument poor children. Nothing mandatory. District school system, go into the against this amendment, that it is divi- Parents have the right to apply for schools and see what kids face. It is not sive. Those who opposed the civil this. Where have we come when we end acceptable, and that is why we are rights laws when they were first pro- up in that position that we are denying pushing so hard to establish this schol- posed also liked to complain that those a lifeline to 4,000 poor children in the arship program. being proposed were going to be divi- District of Columbia? Senator COATS and I and the other sive and thereby damaging to the coun- I urge my colleagues to take a look cosponsors are not suggesting that this try. It was an unconvincing argument at the final chart I am going to show, is the cure-all for the city’s edu- then just as it is now. which is this one. Ward 3 in the Dis- cational woes, but it will give 4,000 kids Mr. President, it is a remarkable trict, the upper northwest part of the from disadvantaged families, not kids twist of fate that we stand debating District; 65 percent of the families send who are not able, kids who have the this amendment, as I am sure my col- their children to private schools. So 65 same God-given ability as any other leagues have seen in the news today, on percent of the families send their chil- group of kids, it will give them the op- the 40th anniversary of the desegrega- dren to private schools; the poverty portunity to realize that ability and a tion of a Little Rock high school, rate is 6 percent. Well, look. That is better life. It will make a statement Central High School. President Clinton the most, of course, of any ward in the that we are not going to tolerate the will be down there this weekend to city. unacceptable status quo any longer. commemorate that historic event. Of Look at Ward 1, a poverty rate of 17 In the long run, it will, hopefully, in- course, that school was desegregated percent; only 11 percent can send their crease the positive pressure on the pub- and other schools were saved from kids to private school. Ward 7, the pov- lic schools to become more account- legal segregation. erty rate is 18 percent; only 7 percent able, to raise their standards, to win But what is the reality today? Too can send their kids to private school. It back the public’s confidence. Mr. Presi- many schools are still effectively seg- is clear what is going on here. And 65 dent, later in the debate, if there is regated, but really more fundamentally percent of the families from Ward 3 time, I am going to read from an affi- to the point, too many children are sending their kids to private school is September 25, 1997 CONGRESSIONAL RECORD — SENATE S9925 six times the national average. Prob- bill. I further ask unanimous consent ERAL CONTRIBUTION TO THE OPERATIONS OF ably some Members of this Senate are that the conference report be consid- THE NATION’S CAPITAL’’ to repay the accumu- in that statistic in Ward 3. ered read and there be 60 minutes of de- lated general fund deficit shall be $23,000,000; and We have to ask ourselves, is it fair, bate on the report, divided as follows: (2) $7,000,000 of the funds made available given the factual indictment of the sta- Senator STEVENS for 10 minutes, Sen- under this Act under the heading ‘‘FEDERAL tus quo of the D.C. public schools— ator INOUYE for 10 minutes, Senator CONTRIBUTION TO THE OPERATIONS OF THE NA- which, as I said, over and over again MCCAIN for 10 minutes, Senator ROB- TION’S CAPITAL’’ shall be used to carry out today, we are spending a half a billion ERTS for 10 minutes, Senator COATS for the District of Columbia Student Oppor- dollars and working with General 15 minutes, and Senator REED for 5 tunity Scholarship Act of 1997’’. Becton in all sorts of ways to fix it—is minutes. I also ask unanimous consent Mr. COATS. Mr. President, I yield it fair for us to force the that following that debate, the Senate the floor. disenfranchised, not by reason of law, proceed to a vote on the adoption of Mr. WELLSTONE addressed the not by reason of the God-given poten- the conference report with no interven- Chair. tial of each and every one of their chil- ing action or debate. The PRESIDING OFFICER. The Sen- dren, are we going to force them to go The PRESIDING OFFICER. Is there ator from Minnesota. Mr. WELLSTONE. Mr. President, the to schools that we ourselves, and in objection? Without objection, it is so last item, which has already been ap- fact that statistics show that most ordered. proved, apparently has not been D.C. public schoolteachers, will not f checked by staff. What was the last risk sending their own children to? I say to my colleagues, as you wres- UNANIMOUS-CONSENT AGREE- unanimous consent, if you would not mind? You already have gotten it ap- tle with that question, I want to leave MENT—EXECUTIVE NOMINATION proved, but out of courtesy. Appar- you with the wisdom of a Nigerian Mr. COATS. Mr. President, as in ex- ently, the Democrats have not had a proverb that I saw on the wall of a D.C. ecutive session, I ask unanimous con- chance to look at it. school that I visited recently. It said, sent that immediately following the Mr. COATS. I thought it was cleared. ‘‘To not know is bad; to not want to vote on the DOD appropriations con- It is a printing error, a descriptive—I know is worse.’’ We can no longer pro- ference report, the Senate go into Ex- tell you what. We will talk to them fess not to know about what is happen- ecutive Session and proceed to a vote about it. If there is any problem, we ing to thousands of children in the D.C. on the confirmation of Executive Cal- will reset that. public school system today who the su- endar No. 165, the nomination of Kath- Mr. WELLSTONE. That will be fine. perintendent of the school system says erine Hayden, to be U.S. District judge Mr. President, I first of all want to are in a school system that will not be for the district of New Jersey. I further start out with some praise for my col- what we want it to be for 5 or 10 years. ask unanimous consent that imme- league, Senator COATS, from Indiana We cannot profess any longer not to diately following that vote, the motion and for that matter, Senator know this reality. Therefore, for us not to reconsider be laid upon the table, LIEBERMAN. I think they speak with a to act now, frankly, is not to want to any statements relating to the nomina- great deal of conviction and eloquence know. And the terror of that is that for tion appear at that point in the on this matter. I think both of them that willful ignorance, it is these chil- RECORD, the President be immediately are very committed to the idea of equal dren who are going to pay the price. So notified of the Senate’s action, and the opportunity for every child in America. I have spoken strongly here today be- Senate then return to legislative ses- There is no question about that in my cause I feel strongly about this. sion. mind. Mr. President, this is about kids, this The PRESIDING OFFICER. Without Mr. President, I too think that there is about their future, this is about the objection, it is so ordered. has to be a way that we reinvigorate or reality of the American dream for f renew our national vow of equal oppor- those who have the hardest time of tunity for every child. And I think that reaching for it. This is a small pro- DISTRICT OF COLUMBIA education is key to that. gram—$7 million—to try it out. APPROPRIATIONS ACT, 1998 But, Mr. President, let me just say at Hey, can anybody say that things are The Senate continued with the con- the beginning that there are a whole so good in the District of Columbia sideration of the bill. lot of things that we can and should be Public School System that it is not MODIFICATION TO AMENDMENT NO. 1249 doing that we are not doing if we are serious about it. And that is sort of the worth experimenting with an alter- Mr. COATS. Mr. President, there has context that I look at this proposal for native for a couple of years? No. I hope been either a printing error or tech- the District of Columbia, which I will my colleagues will think about this nical omission in the current pending get to in a few minutes. But let me and will face the reality and will give amendment—the line 22 on page 34 was start out, if you will, with a kind of na- this scholarship program a chance, omitted, as well as line 23. It simply is tionwide focus. which is to say, that they will give a section reference describing the lan- 4,000 children in the District of Colum- First of all, Mr. President, I have guage that follows in the section, plus been traveling the country and I have bia a chance that they will otherwise the line ‘‘Notwithstanding any other not have. been spending time in communities provision of law.’’ Everything else is as where people are struggling economi- I thank the Chair and yield the floor. submitted. And it is a technical change Mr. COATS addressed the Chair. cally. I spent time with quite a few to offset a printing error. The PRESIDING OFFICER (Mr. poor people around our country. I ask unanimous consent that the INHOFE). The Senator from Indiana. I am struck by the fact—and I have amendment be modified to reflect this Mr. COATS. I have three unanimous- said this on the floor of the Senate be- change. consent requests the leader has re- fore—that in all too many cases you The PRESIDING OFFICER. Without quested. And I know the Senator from walk into schools and the ceilings are objection, it is so ordered. Minnesota has been very patient. And caving in and the toilets do not work, The modification is as follows: if I could just get these in I would ap- the buildings are dilapidated, the lab preciate it. On page 34, strike lines 7 through 16, and facilities are not up to par, there are insert in lieu: f not enough textbooks. And with all due SEC. 13. EFFECTIVE DATE. respect, quite frankly, until we make UNANIMOUS-CONSENT AGREE- This title shall be effective for the period the investment in this area, just in in- MENT—CONFERENCE REPORT TO beginning on the day after the date of enact- frastructure so schools are inviting ACCOMPANY H.R. 2266 ment of this Act and ending on September 30, 2002. places for children, we are not doing Mr. COATS. Mr. President, I ask that much for kids. A voucher plan, be SEC. 14. OFFSET. unanimous consent that at 4:30 p.m. Notwithstanding any other provision of it a demonstration project in the Dis- today, the Chair lay before the Senate law— trict of Columbia for $7 million or any- the conference report to accompany (1) the total amount of funds made avail- thing else is just a great leap sideways H.R. 2266, the Defense appropriations able under this Act under the heading ‘‘FED- or backward. S9926 CONGRESSIONAL RECORD — SENATE September 25, 1997 Mr. President, Senators and Rep- My colleagues are trying to make the sure that every child has the same resentatives have had the opportunity argument that the voucher plan is the chance? The voucher plan nationally to put some investment in rebuilding way we are going to make sure that and this voucher plan in the District of crumbling schools in America, and we these children do well. We do hardly Columbia is not the answer. It is not a voted against it. If we are serious anything to change the concerns and step forward. It is a great leap back- about equal opportunity for every circumstances of their lives outside of ward from the kind of commitment we child—my colleague from Connecticut the schools. We do hardly anything by ought to make to children in our coun- spoke about this with a great deal of way of early childhood development. try. eloquence—then we ought to just fol- We do next to nothing when it comes Mr. President, I said to my colleague low the direction of all of the studies to rebuilding these crumbling schools. from Indiana and I meant it sincerely, that are coming out about early child- And then we turn around and say what we don’t need to be starting to put pub- hood development. It is not surprising we want to do is have a voucher plan. lic money into private schools. We that kids are not doing well in these Mr. President, my colleague from have some of the best public schools in different tests, in the way in which we Connecticut said that he had been in the world. We have some of the best measure how children are doing in our some schools. I have been in some of public schools in the world. Go out to schools. the schools. I know Senator COATS has. some of our suburbs and look at those I try to be in a school every 2 weeks I don’t know anybody that has done schools. They are great schools with in Minnesota. There are so many chil- more travel around the country than great teachers with great facilities. dren that come to schools that have Jonathan Kozol who wrote ‘‘Savage In- What we should be doing is making all never been read to. There are so many equalities: Children in America’s the public schools that good. That is children that come to school that don’t schools.’’ the commitment we ought to make. know the alphabet, don’t know how to I read from page 83: ‘‘In a country One-third of America’s schools, serv- spell their name, don’t know colors, where there is no distinction of class,’’ ing 14 million of America’s 52 million shapes, and sizes, and we are doing pre- written of the United States 130 years students, are considered deteriorating, cious little by way of investing in early ago, ‘‘a child is not born to the station according to the Department of Edu- childhood development. of his parents but with an infinite cation. Ten million students don’t have Now, I don’t know how in the world claim to all of the prizes that could be access to computers; 50 percent of the my colleagues believe that the children won by thought and labor. It is in con- teachers have no experience with tech- we say we care a great deal about, and formity with the theory of equality as nology in the classroom; 50,000 teachers they do, are going to do well unless we near as possible to give to every youth enter school annually on emergency make a commitment here. The answer an equal state of life. Americans are basis, without a proper teaching li- to the problem is not a voucher plan. unwilling that any be deprived in child- cense; and within the next decade, The answer is to make the commit- hood the means of competition.’’ thanks to a retirement in the baby ment to early childhood development. It is hard to read these words today boom, we will need 2 million new Deborah Meyer, a great urban educa- without a sense of irony and sadness, teachers, and we are now on the floor tor from New York, said, ‘‘We can have denial. Means of competition is per- of the Senate discussing an amendment a debate about tests, we can have a de- haps the single most consistent out- that would provide resources to private bate about standards, we can have a de- come of the education offered to poor schools. bate about how we measure this, but children in the schools of our large Mr. President, Horace Mann said it there is no debate about the need for cities, and nowhere is this pattern of best in 1830, 170 years ago: you all to get busy investing in the di- denial more explicit or more absolute Choice is not a new idea . . . the newness lapidated schools.’’ We tell children we than public schools in New York City. is who pays for it. As a nation, we are rightly care next to nothing about them when Average expenditures per pupil in the absorbed with improving education. We can- the schools look the way they are. city of New York were under $5,500, and not do it by isolating its problems, and pre- The judge’s court order in Washing- in the suburbs you have funding levels tending to leave those problems behind to be ton, DC, which dealt with getting the that are above $11,000 a year, and some dealt with by those least able to solve them. asbestos out of our schools, there could The problems of our public schools lie deep cases up to $15,000 a year. in the American experience—poverty, rac- be judges issuing these orders in just All across the country, too much of ism, decades of public apathy, drugs, and about every major city in the United the education the children get by way growing inability of the family, the church, States of America, and we haven’t in- of teacher recruitment and teacher sal- and the neighborhood to nurture many of our vested the resources in this, and we are aries, by way of facilities, by way of children. These problems—and not the at- now saying that the answer is vouch- teacher training, by way of support tractively sounding solution of private ers? services, is dependent on the property school choice—need to be addressed. Mr. President, if we are going to talk tax—huge inequalities—and we think Mr. President, that is exactly the ar- about equal opportunity for every that the voucher plan is the way to gument that I just made. Horace Mann child, maybe we ought to take a look deal with this problem? just happens to be someone of quite a at what happens to children before My good friend Jonathan Kozol wrote bit more stature. He was right in 1830 they go to school and what happens to another book called ‘‘Amazing Grace,’’ and the same argument applies today, them when they go home. Some of the poor children and the conscience of nearly 170 years later. cuts we have made in nutrition pro- America. It is a difficult book to read. You can’t take public funds, you grams—and we have made rather deep It is devastating. It is about children in can’t take public funds, and my col- cuts in nutrition programs; we are New York City in the Bronx. Mr. Presi- league ELEANOR HOLMES NORTON in- going to cut the major food safety pro- dent, the thesis of the book is that no forms me that indeed this $7 million gram, the major safety net, which is country that really loved children comes out of the D.C. budget, you can’t the Food Stamp Program, by 20 per- would ever let any group of children take public funds, precious funds, and cent by the year 2002 all in the name of grow up under these conditions. funnel them to private schools. You welfare reform. Looking at the housing in the neigh- have fewer dollars helping kids in math Or, Mr. President, the cuts we have borhoods, the rat-infested housing, and science, you have fewer dollars in made in affordable housing. Has any- looking at the pollution, looking at the terms of raising the standards of body looked at some of the homes, number of children suffering from asth- achievement, you have fewer dollars some of the apartments, some of the ma, looking at the lead content still in for teacher training, and you have less housing that these young children live the paints in the apartments, looking prevention of drugs and violence in the in? And we are cutting funding for af- at families without jobs, without jobs schools. This is not the time to be fordable housing. We have a lot of kids that pay a decent wage, looking at making such a decision. that are living in shacks. We have a lot children that are malnourished, look- Mr. President, I want to also point of kids that are living in rat-infested ing at a school that doesn’t get its fair out that there is a Senator from the apartments. We have a lot of children shake of resources, why don’t we make District of Columbia, a shadow Sen- that go cold during the winter. those commitments if we want to make ator, Paul Strauss, and it is a shame September 25, 1997 CONGRESSIONAL RECORD — SENATE S9927 that he doesn’t get a chance to be more speak. But let me be clear about this, impatient, they are getting tired of directly involved in this debate. He has take the $7 million, and for $7 million waiting. I share that impatience. I just been by my office a lot. He cares about we could establish ‘‘Success for All,’’ a would do it a whole different way. I this. I think this has some problem to proven research-based reading program would put a lot more investment than do with the whole question of lack of for disadvantaged students, for every I think they want to in what happens representation. elementary school in the District of to kids in the early years, investment I think we ought to remember that Columbia. Put the $7 million into that. in good programs for kids when they people in D.C, and my colleague from We could link 116 public schools in get out of school in the middle of the Connecticut said it was 1981, but by a the District of Columbia to improve re- day when not such good things happen. ratio of 8 to 1 vote against the voucher form efforts such as New American initiative. If you want to argue that Schools. Put the $7 million in that. I would put a whole lot more invest- was a long time ago, take a look at the We could put in place 140 after-school ment in teacher training and a whole D.C. Board of Education which unani- programs based in public schools to lot more investment in making sure mously opposes the provision. ‘‘Private help 14,000 children otherwise home that the best facilities and resources school vouchers is not where the voters alone after schooldays, after school and the schools are inviting places. of this city want to put their money,’’ ends each day. Put the $7 million into That is where I would go. I would fig- D.C. School Board member Karen that. ure out ways—and I think the District We could provide brandnew textbooks Shook reminds us. ‘‘To have Congress of Columbia is starting to do it—of for every elementary and secondary impose this on us after we soundly really making this bureaucracy ac- school student in every single the Dis- voted against it runs counter to democ- countable. I would not be condemning trict of Columbia school. Put the $7 racy.’’ the public school teachers—and they These are elected members to the million into that. We could buy 66,000 new hardcover are not doing that. I get angry because school board. They voted unanimously books for the District of Columbia’s I think some of the harshest critics of one way, and we come to the floor of public libraries, or we could buy 368 the public school teachers could not the Senate and impose a whole dif- new boilers for D.C. schools and protect last 1 hour in the classrooms they con- ferent other view. I thought we were all the students who go cold during the demn. interested in local initiative. I thought winter. Put the $7 million into that. I spoke the other night at Howard we wanted local communities to have I am going to be very clear about it. University. In the audience was a pub- more decisionmaking power over their I will try to end on another note. I lic school teacher, and she said it is children’s lives and what happened in think that my colleagues are onto their communities. something important. I think this really hard to go on. They feel so beat- Mr. President, I think that if we are amendment is a huge mistake. I think en down from all of the bashing. I going to be talking about improving it actually represents a retreat from think these public school teachers do a education, the answer is right before living up to our national vow of equal marvelous job. I understand my col- us. We have great schools in our sub- opportunity for every child. I think the leagues’ impatience. urbs. We have some great schools in focus ought to be on all of our schools Second, I think it is true that some some of our cities. Make all the public and all of our children. We ought to of the private schools, and some of the schools that way. Make sure that we make sure that every school in this Catholic schools in particular, in some have a system of financing of schools country, including the schools in the of our innercity communities are so that not one school in America, not District of Columbia and a lot of other schools where, when children come to one school in America, is dilapidated, cities in the country, and rural areas school every day, they know they are not one school in America has a roof as well, are as good as the very best loved and some very important things that is caving in, not one school in school in some of our wealthy suburbs America is ladened with asbestos, not are happening. They are doing some that have all the resources and teach- things in their schools that we are not one school in America has teachers ers that they can hire and all the doing nearly as well as we should do in that have to take money out of their teachers they can retain and all of the some of our public schools. It can’t be pockets and buy textbooks for their support services and all of the rest. students because there isn’t enough re- That is the direction we ought to be said that children in our public source to do so, not one school in going in. schools, or in near enough public America is a school without heat or The voucher plan represents a retreat schools, feel as if every day they are without air-conditioning during the from that. But I want to say to my col- loved and they are supported. There hot summers. Let’s make that commit- leagues on the floor of the Senate, are some important things going on in ment. Let’s make the commitment to these Senators, with this amendment, the Catholic schools. There are impor- early childhood development. Let’s are operating in good faith. They are tant things going on in some of these make the commitment to support serv- not operating in bad faith. I probably other schools that I think make a huge ices for students. Those are the kind of should not end this way because I am difference. commitments we make, and then we so strongly opposed to the amendment. But, Mr. President, this voucher can have all of the public schools being But I really do want to sort of talk plan, in the context of what is happen- about two points that I think they are great schools. The voucher doesn’t do ing nationally, and even in the context making that are important. One of that. of what is happening in the District of them is that, although, again, the per Karen Shook, the vice president of Columbia, however well-intentioned it pupil expenditure in the District of Co- the D.C. Board of Education and former is, I think does not represent a step Chair of the D.C. Finance Committee lumbia, as I look at these figures, forward. I think it represents a great said, ‘‘Students in the District of Co- which has been declining now, is now leap backward from equity. It rep- lumbia go to school in 100-year-old down to $5,923 for fiscal year 1998, that resents a great leap backward from the buildings that have never been ren- is not nearly as much as the surround- ovated.’’ Why don’t we renovate the ing suburbs. So I don’t think we should idea of truly equal opportunity for buildings? The city has a $600 million go overboard on these figures, given every child, and it represents the be- need to repair schools, yet it has no the concerns and circumstances of chil- ginning of a great leap backward from capital budget. As for social services dren’s lives and, in many ways, a big- a commitment to public schools, where for troubled youth, ‘‘only one coun- ger challenge to educate some of the all of the schools and all of the chil- selor is available for every 400 stu- children in the D.C. school system. dren represent the best of America, dents’’ in the D.C. public schools. Nevertheless, I think it is quite appro- which is opportunity, which is good As D.C. parent and PTA leader Alieze priate to say, when are we going to cut education, education that fires up Stallworth points out: ‘‘The majority through this bureaucracy and when are young people, that gives them hope of children are going to remain in the we going to make sure that these dol- that they can do well in their lives. public school system. What happens to lars that are out there really connect That is the direction we ought to go. them?’’ to the education of children? This voucher proposal, in the District Mr. President, I could go on and on. I think what my colleagues are try- of Columbia or anywhere else, doesn’t There are other colleagues who want to ing to say is that they have grown very take us in that direction. S9928 CONGRESSIONAL RECORD — SENATE September 25, 1997 I yield the floor. out of textbooks, teacher salaries, and Senator from Indiana and the Senator Mr. COATS addressed the Chair. operating expenses. It doesn’t come out from Connecticut that they, too, share The PRESIDING OFFICER. The Sen- of operating expenses; not one penny our mutual frustration with the status ator from Indiana. less will go to D.C. schools. of public schools in the United States Mr. COATS. Mr. President, I would Finally, let me just say the Senator and particularly in the District of Co- like to yield myself 3 minutes to brief- seems to imply that if we can’t fix it lumbia. That frustration is forcing us ly respond to the Senator. I know the all, we should not fix anything. We ac- to look at ways in which we can im- Senator from Rhode Island has been knowledge that there are a lot of prove education because we believe it waiting patiently. I don’t want to take things that need to be fixed in the Dis- is so vitally important to the future of away from his opportunity. We have trict of Columbia and around this the young people of America and in- speakers on our side, too. The Senator country. Housing is in deplorable deed to the very success of America in from Rhode Island is next in line. shape, roads are in deplorable shape, the future. I want to respond to some comments early childhood education probably I don’t think this frustration should made by the Senator from Minnesota, could use funds, food stamps and, as he cloud our vision as to what we are to whom I want to return the com- said, fix the buildings, and so forth. doing if we would adopt an amendment pliment. The Senator from Minnesota Well, we are not able to do everything, such as is proposed today. I believe it has been passionate in his efforts to but we are able to do something, some- would represent an abandonment of reach out to the disadvantaged in this thing that is focused not on fixing public education, not a reform of public country and address many of their con- roofs, not on collateral problems—and education. I feel very strongly that our cerns. I know he comes at this issue— they are problems that need to be ad- first commitment should be to a strong system of public education throughout even though it is different from where dressed—but we are able to funnel this Nation, that we should be seeking I come in terms of the solution, I think funds directly to parents and students to make school reform and excellent the goals are the same for both of us. I who can improve their educational op- schools the right of every child and not know he comes at it from a different portunities. As important as it is to fix just those who may be fortunate perspective, but with great sincerity, roofs, buildings, infrastructure, and so and he matches his sincerity and his enough to receive some type of voucher forth, more important and the highest to leave the system. rhetoric with his actions. I noted that priority ought to be to provide edu- the Senator came and paid rapt atten- Indeed, we can ask ourselves, even if cation to those children so that they this measure should pass and 2,000 chil- tion to particularly the comments by then can become part of the solution. the Senator from Connecticut, Senator dren would leave the public education Maybe this 3 percent will become system in the District of Columbia, LIEBERMAN. Senator WELLSTONE and I part of the 100 percent solution, if they what about the thousands of children have discussed this and have exchanged can get an education that would allow remaining? What have we done to our views. I just appreciate the Sen- them to participate in this. If we were make their lives better and their edu- ator’s commitment to this and his sin- talking about public housing, which is cation better? I don’t think we can cerity about that commitment. in a disastrous state in this country, save a few and sacrifice the many. I I would like to comment on a couple particularly in this city, and someone of things briefly. There have been dif- think what we have to do is sit down, came along with an alternative that conscientiously and cooperatively, and ferent figures thrown around here was tried elsewhere and would really reform public education, not abandon about per pupil spending in the District improve the housing situation, and we it. of Columbia. We have tried mightily to said, can we test it here to see if it Now, the District of Columbia, as we find out the exact figures. Estimates works here and it will improve housing all know, has stark educational needs. range from $10,000 to $5,000, as the Sen- for those 2,000 people? would you say, Their class year was delayed for days ator has mentioned. It is probably no, if we can’t do the whole thing, we and days and days, not because of any- somewhere in between. One of the sad are not going to do it for anybody? thing more complicated than the fact things about the D.C. Public School All we are asking for is a test that that the buildings were in disrepair. System is that they can’t tell us. The will help 2,000 kids get a better edu- Yet, rather than investing in roofs or accounting is so bad in the District of cation, but will prove, right or wrong, boilers or those items that would actu- Columbia—whether it is on roads, whether or not school choice is a viable ally put children literally into the housing, police salaries, or public opportunity and viable program to do classroom, we are now debating a schools—they can’t tell us how much two things: First, give kids a chance voucher bill that would take some of they spend per pupil. They can’t even and, second, put pressure on the public those resources that could be available tell us the number of pupils. We said, school system to reform and change. for these activities and disburse them ‘‘We know how much we give you; tell They have had decades to do this. We to private education. Indeed, I believe us the number of pupils you are educat- keep talking about these alternate so- we have a special obligation here in the ing, and we will divide that into how lutions, but it doesn’t happen. In the Nation’s Capital to ensure that the much we give you.’’ They say, ‘‘We meantime, generations of children are schools are the best in the country. don’t know exactly. We can’t tell you being condemned to an inadequate edu- However, we are not talking about that the number of pupils.’’ That is kind of cation. today. Instead, we are talking about al- a sorry comment on the inefficiency Mr. President, how much time is lowing 2,000 students to leave that sys- and really incompetence of the D.C. available on each side? tem, rather than talking about how we Public School System as it currently The PRESIDING OFFICER. The Sen- can make every school in the District exists. ator from Indiana has 64 minutes. The of Columbia the best in this country Just two other things, real quickly. I opposition has 74 minutes. and in the world, and how we can give want to make sure my colleagues know Mr. COATS. Mr. President, we had every child in the District of Columbia that the money—the $7 million for this said Senator REED, who was waiting, is the chance to succeed educationally so program —does not take one penny out next. We are not exactly alternating that they can succeed in life. of the money allocated to the D.C. pub- because we didn’t have people available The amendment offered by Senators lic schools for education. In fact, it will on both sides. If we can get back to the COATS and LIEBERMAN brings the issue increase the money per pupil because alternating system, we would be happy of the quality of education, particu- they will have 2,000 less students to di- to do that. larly education in many of our urban vide the pot of money they get to edu- The PRESIDING OFFICER. The Sen- areas, clearly into focus. For that, we cate those students. The money comes ator from Rhode Island is recognized. thank them. It is a crisis we must ad- from an extra appropriation over and Mr. REED. I yield myself such time, dress, but a crisis that I believe is not above the President’s request, and that under the control of Senator KENNEDY, solved by vouchers. Vouchers would money is specifically designated for as I may consume. take the limited resources necessary to debt reduction and doesn’t go to any I rise this afternoon in opposition to improve, reform, and reinvigorate pub- operating expenses. So Delegate NOR- the Coats-Lieberman amendment. I lic education and, instead, allow some TON is wrong when she says this comes have sensed from the comments of the students to leave the system. September 25, 1997 CONGRESSIONAL RECORD — SENATE S9929 Indeed, as part of this amendment we should look at the way we can make in schools with the highest minority which is being debated today there is public education better for all stu- enrollment, students have less than a absolutely no requirement that schools dents. What we should be thinking 50 percent chance of getting a science accepting the vouchers would also have about and talking about and enacting or mathematics teacher who holds a li- to accept the great task of public edu- is tough academic standards in public cense and degree in his or her field of cation, which is to educate all students education. teaching. regardless of their abilities, regardless How do we involve parents and the These are the real problems of public of their proficiency in the English lan- community more deeply and more inti- education. These problems have to be guage, regardless of discipline prob- mately in the lives and schools in the addressed. And we can address them, lems or troubles they may have. This is neighborhood? How do we make schools and we must address them. If we do the task we set for public education. safe and drug free? How do we bring that we will be on much firmer ground That is not the task that is frequently technology into every classroom? And in improving public education. embraced or supported by private edu- how do we ensure that every classroom What is the price tag, as estimated cation. is a place that is structurally sound, by the National Commission on Teach- In Cleveland, which has a voucher clean, and creates an environment ing and America’s Future, for improv- program, no students with disabilities where young people want to learn and ing the quality of teachers throughout are served. 1,460 students, nearly half want to strive to get ahead? this country? It is over $4 billion. It of those that were given the vouchers, The notion of school choice in the may seem inconsequential today. We are debating a very small program with could not even find a private school public education system is a good one. Parents should have some flexibility respect to the District of Columbia. that would accept them. The essence of But we need all the resources we can within the public system to pick out a private school very clearly is they to meet the greater challenge of pre- get to reject students, and they get to charter schools, magnet schools, or paring our teachers and the greater reject them on very subjective grounds. special schools. Those types of schools challenge of simply ensuring that That is the nature of private edu- help stimulate innovation and im- school buildings are suitable and safe cation. That does not apply, obviously, provement in the public system. for children. to public education. Public education In my home State of Rhode Island we To turn away from these challenges not only must accept every child but are fortunate to have several different and to adopt this amendment is, I be- has a moral and legal requirement to schools, particularly at the secondary lieve, the wrong approach. serve those children as best they can. level which draw on the special talents I believe we have a lot to do to im- And that is a significant difference. and special skills of the students and prove public education. We have the Private education works very, very which give parents and students a necessary task ahead of us to improve well. It has provided good education to choice. But when we start moving teaching, to improve the school envi- many Americans. I was a student in pa- away from that system of public edu- ronment, and to challenge schools with rochial schools in Rhode Island. But cation into funded private education, demanding standards. one thing that was true then and is funded now by these vouchers, we are I also hope that this body will adopt true now when I talk to parents is that, stepping across a boundary which I a national evaluation system so that if your child has a particular difficulty think we will regret because inevitably schools know where they stand, and so or disability, if your child needs en- we will be pulling resources away from that when we talk about how well a hanced care, specialized attention, the the needed improvements and reforms school is doing it is not just anecdotal, first choice is specifically the public in public education, and we will see our but we will actually know how well schools because the public school not schools deteriorate even further. they are doing. only has the obligation but will make There is a better way to reform edu- In fact, I hope that the national eval- available those resources as best they cation. uations would be participated in by can. And, once again, in the arena of If you look at schools which have the both public and private schools so we private schools it is not because of any same basic demographic characteris- can make a judgment about how well ill-will but simply because of the fact tics, one of the most persuasive com- the public schools are doing versus pri- that they just do not have to do that. ments that I have seen is that the dif- vate schools. I think we would be a bit So we are talking about a system in ference in performance between a good surprised. I think we would find despite which there is not equality, not equal- school and a bad school is most ac- the disparagement, despite the criti- ity admission, and in many cases not counted for by the qualifications of cism, despite the constant bombard- equality of resources either. their teachers. We are not talking ment against public education, that it We have to support the mission of about dealing with that issue of teach- would stand up very well. But we all public education in the United States, er preparation here today. We are can do better, and we all must do bet- and it is not just about training work- skirting it, where, in fact, I think if we ter. ers for the world economy. It is not have scarce Federal dollars, and, in- The dollars that we are talking about today are important. They should be just preparing young people to engage deed, we do have scarce Federal dollars applied to provide every student in the in the technologically challenging in every category of expenditures, we District of Columbia with a chance— world of the next century. It is also have to look at where we can get our not 2,000 lucky students—but every about Americans, because one of the best value. And it is not balanced. It student in the District of Columbia. hallmarks of our country has always would be better spent, I feel, in improv- They should be focused not on retreat- been that we have a system of public ing the quality of teaching in our pub- ing from our commitment to public education that is a common ground for lic schools. education but to reaffirming it by as- the American people—that children of I introduced legislation—the Teacher suring every child in this District, and all races, children of different national Excellence in America Challenge Act, we hope in this country, will have a heritage, children of different religious the TEACH Act—which would turn good, safe school building; they will convictions can come and be educated around the model of professional devel- have well-prepared and motivated in a place that emphasizes not their opment and training in the United teachers; they will have textbooks that differences but their common status as States to provide for better teachers. are current; and, they will have the citizens of this great Republic. This legislation is based upon an exten- chance to use all their talents not only We are in danger perhaps of losing sive study by the National Commission for their own success but ultimately that. We are in danger because there is on Teaching and America’s Future, for the great success of this Nation. a great deal of skepticism about the ef- which contains some disheartening sta- I yield my time. fectiveness of public education in the tistics about the quality and prepara- Mr. COATS addressed the Chair. United States. And, looking at the tion of teachers in America. The PRESIDING OFFICER. The Sen- record, one should be skeptical. But we Over 12 percent of newly hired teach- ator from Indiana. should not respond to that skepticism ers have no training; 23 percent of all Mr. COATS. Mr. President, I would and that frustration today by turning secondary teachers do not have even a like to yield 5 minutes to the Senator our back on public education. Rather, minor in their main teaching field; and from Missouri. S9930 CONGRESSIONAL RECORD — SENATE September 25, 1997 The PRESIDING OFFICER. The Sen- What we are really offering to indi- choice is an oxymoron. One choice is ator from Missouri is recognized. viduals who have been locked into a no choice at all. It is a trap. It is time Mr. ASHCROFT. Mr. President, I school system which has failed—I to free students and parents to have an thank the Senator from Indiana for his think it is time for us to confess, the opportunity to select schools that can having made it possible for me to stand school system in Washington, DC, is a meet their needs and do so without im- and speak in favor of this very impor- failure—is a plan to help energize this pairing the financial viability and ca- tant opportunity to demonstrate what school system. It will help the public pacity of the District of Columbia can happen when we offer individuals sector. It will help the private sector. school system in the process. the chance to have competition, or the But, most importantly, it will help stu- Mr. President, I thank the Chair, and chance to have an influence on where dents and parents. I yield the floor. our children are educated. When I had the privilege of being the The PRESIDING OFFICER (Mr. It is one of the agreed upon successes Governor of my State, I was chairman KEMPTHORNE). Who yields time? of the United States of America that of the Education Commission of the Mr. KENNEDY addressed the Chair. our university and college system is States. I followed in that responsibility The PRESIDING OFFICER. The Sen- second to none. Students from all over one William Jefferson Clinton, who ator from Massachusetts is recognized. the world stream into American col- presided over the Education Commis- Mr. KENNEDY. I yield myself such leges and universities, and they come sion of the States 1 year; I the next. time as I may need. Mr. President, I oppose the voucher here in spite of the fact that they test And one of the things that became ap- amendment to the District of Columbia very, very well in elementary and sec- parent in studies conducted from sea to appropriations bill. Although we all ondary systems in their own lands. shining sea in this country is that the want to help the District’s children get They come here because there is some- single most important thing about a a good education, this is not the way to thing special about the collegiate and student’s performance is whether the do it. Public funds should be used for university level in the United States. parents are involved in the education If I were asked why our collegiate public schools, not to pay for students process. How do you get parents in- system is tops, I would say, in my judg- to attend private and religious schools. volved? You make them meaningful. ment, that it is because it is a plural- The current debate involves the How can you make parents meaningful istic system; that it is diverse. There is schools in the District of Columbia. in Washington, DC? You can give them no singularity with it. No one is sched- The use of Federal funds for private uled to go to one school or another. the opportunity together with the stu- schools is a national issue that Con- Rather, people have an opportunity to dent to make a choice to go to a school gress has addressed and rejected many make a selection. And students com- where their needs can be met instead of times before, and so have many States. pete to get into the best schools and locking them into a situation where Now the voucher proponents are at- the best schools compete for faculty. their needs aren’t being met and have tempting to make the D.C. public There is lots of competition in the sys- not been met. And it is a demonstrated schools a guinea pig for a scheme that tem. It drives the system forward. It fact—the studies tell it, the audits tell voters in the District of Columbia have provides a basis for not only education it, the school facilities tell it—that the soundly rejected, and so have voters and learning on the part of students needs aren’t being met. across the country. but it really develops the energy which Unfortunately, our Secretary of Edu- The recent voucher proposals in the provides the basis for research which is cation has come out to oppose this pro- States of Washington and Colorado and expanding the frontiers of knowledge gram providing scholarships so that California lost by over 2 to 1 margins, all the time. students could move from one school to and in 1981 voters defeated a voucher This concept of diversity, this con- another and get good training some- initiative by a ratio of 8 to 1 here in cept of pluralism, this concept of not where if they are not getting it where the District. The concept has never being forced to be in one setting, this they are. And he indicated he was op- been brought up on the ballot again be- concept of the energy and creativity, posing it because he felt like it was re- cause it has so little support. So clear- spontaneity and quality that comes ducing the funding. ly Congress should not impose on the when an institution knows it has to do Let me just repeat. This particular District of Columbia what the people of its best for its students because those measure reduces funding not 1 cent. It the District of Columbia and voters students aren’t forced to go there. adds funding to just introduce the con- across the country reject. They are not locked in. They have the cept of scholarships and to put into the D.C. parents and ministers and local opportunity to be involved in edu- hands of parents and students the abil- leaders have made it clear that they do cational experiences elsewhere. That is ity to say we will go where our needs not want vouchers. Last week, a group what drives quality. It is what has car- are met. Will this help the District of of ministers from the District of Co- ried American higher education to the Columbia schools? It definitely will be- lumbia publicly announced their oppo- very top of the educational mountain. cause they will understand they are no sition to vouchers. Rev. Eart Trent, There is no dispute. There is no chal- longer the exclusive provider of what- Jr., of the Florida Avenue Baptist lenger. Second place isn’t even close. ever it is they want to provide. They Church, said, ‘‘We want nothing to do The United States of America is the will have to start becoming the cre- with vouchers. It is going to harm a clear dominant force in higher edu- ative supplier of what it is that stu- majority of our schools.’’ Representa- cation because we are pluralistic, be- dents need. Will it help the students? tive ELEANOR HOLMES NORTON opposes cause we are diverse, and no one has a Obviously, it will help the students. It vouchers for the District. monopoly. will get their parents involved. It will The question is, who wants these On the contrary, if you are a student get them involved. It will meet their vouchers? The Republicans in Congress and you have one choice and one choice needs. And we will establish a model cannot get to first base with this issue alone, the word ‘‘one’’ and the word here in the District of Columbia, in the in their own States and want to impose ‘‘choice’’ Is an oxymoron; that phrase Nation’s Capital, which in my judg- it on the people of the District of Co- together. One choice isn’t a choice. It ment would well serve the entire coun- lumbia. is a direction. Students that are locked try. Vouchers would erode local control into a single school don’t have the ca- It is true that pluralism and diver- in the District of Columbia and under- pacity to say I am going to do better, sity are the strength of this great land. mine D.C. school reforms already un- I will go elsewhere. They don’t have They have carried our collegiate sys- derway. Last year, Congress created a the capacity to say if you do not shape tem and our research universities to control board and all but eliminated this place up, I will go elsewhere. They the very top in education around the the locally elected school board. don’t have the capacity to energize the globe. It would be no accident if we This bill would create another bu- system. A parent doesn’t have the abil- were to allow this to happen at the ele- reaucracy in the form of a federally ap- ity to go into the school and say you mentary and secondary level. And it pointed corporation to use Federal must do better. The school says we are could happen if we were to simply em- funds to run the voucher program. Six the only school. You have one choice. brace the opportunity of letting par- out of the seven corporation members One choice is no choice. ents make meaningful choices. One would be nominated by the Federal September 25, 1997 CONGRESSIONAL RECORD — SENATE S9931 Government, and those nominations luxury of closing their doors to stu- On June 27, 1997, a Vermont State su- are controlled by the Republican lead- dents who pose such challenges. As Dis- perior court held that the use of vouch- ers of Congress. Only one representa- trict of Columbia parent Alieze ers to pay tuition at private religious tive of D.C. would serve on the corpora- Stallworth says, ‘‘A lot of people think schools violates both the U.S. and Ver- tion. the poor kids will be able to go to the mont constitutions. The courts are I understand Senator BOXER did an best private schools. They are fooling clear on the unconstitutionality of excellent job earlier in the debate of themselves.’’ vouchers for religious schools, and Con- going through the administrative proc- The voucher proponents argue that gress should abide by their rules, too. ess and machinery that would be set up vouchers increase the choice for par- These are all judgments that have and the weaknesses of that particular ents. But parental choice is a mirage. been made within the last year under recommendation or inclusion in the Private schools apply different rules State constitutions and the Federal amendment. than public schools, and unlike the Constitution in terms of how this par- Congress created the D.C. control public schools, which must accept all ticular proposal would be unconstitu- board less than a year ago. The board children, the private schools decide tional. appointed as chief executive officer of whether to accept a child or not. The Instead of subsidizing private real choice goes to the schools, not the the schools Gen. Julius Becton, Jr., schools, we need to support ways to im- parents. The better the private school, with Congress’ endorsement. His mis- prove and reform the public schools. the more parents and students are sion is to improve the public schools. That is the basic point, Mr. President. turned away. In Cleveland, nearly half Now this bill would pull the rug out Instead of subsidizing private schools, of the public school students who re- from under him. we need to support ways to improve ceived the vouchers could not find a I noted, Mr. President, that in an and reform the public schools—not in a private school that would accept them. earlier debate one of our colleagues few schools but in all schools, not for a who is supporting the amendment was Vouchers will not help most children who need help. This voucher scheme few students but for all students. That talking about the $500 million that is is the challenge. coming from taxpayers all over the will send 2,000 children to private and Supporting a few children at the ex- country. That money is coming from parochial schools, but of the 78,000 chil- pense of the many divides commu- the taxpayers here in the District of dren who attend D.C. public schools, nities. The Federal Government should Columbia. 50,000 of the children, or 65 percent, help rebuild communities, not under- I haven’t looked at the D.C. popu- come from low-income families. Thus, mine them. We should make invest- lation recently, but generally it is larg- this proposal would provide vouchers ments that help all children in all the er than six or seven of our States. They for 3 percent of D.C.’s children and do neighborhood schools to get a good, pay in taxes, but they do not have rep- nothing for the other 97 percent. safe education. I think that is the resentation in the House, with all re- Again, a point that has been well made by my friend and colleague from heart of the argument against this spect to ELEANOR HOLMES NORTON. amendment. They are not reflected in the Senate of California, Senator BOXER. This is no way to spend Federal dol- the United States. They are not given So far, Mr. President, in this debate, lars. We should invest in strategies the full representation that they we have been focusing on this particu- that help all children, not just a few. lar chart. Hopefully, we as a body could should have even in the District. Another serious objection to this So General Becton, Mr. President, agree that we do not want to abandon voucher scheme is its unconstitution- our public schools; we do not want to local leaders and D.C. parents are ality. A vast majority of private working hard to improve all D.C. pub- undermine the communities. As we schools that charge tuition below $3,200 mentioned, this particular proposal lic schools for all children. We should are religious schools. Providing vouch- support them, not undermine them. only funds a few at the expense of ers to religious schools is unconstitu- many—about 3 percent of the total stu- The public funds should not go to pri- tional. It violates the establishment vate schools when D.C. public schools dents. It gives scarce Federal dollars to clause of the first amendment of the schools that can exclude children. Un- have such urgent needs. The opening of U.S. Constitution by providing a Fed- D.C. public schools for the 1997–1998 like the public school system, private eral subsidy for sectarian schools. In schools can exclude children. The academic year was delayed because in many States, the voucher schemes 67 percent of the schools the roofs were choice is not made by the parents or would violate the State constitution, the children; it is made by the schools. crumbling. They were able to repair too. the most severe problems and open up And we have given examples of how In January 1997, a Wisconsin trial that is being done. We ignore the voter the schools this week, but much more court held that the expansion of the needs to be done. will. When vouchers were put to a vote Milwaukee voucher program to include here in the District of Columbia, they In addition to completing the roof re- religious schools was unconstitutional were rejected 8 to 1. The issue has not pairs, 65 percent of them have faulty and violated the Wisconsin constitu- come up on the ballot again since then. plumbing; 41 percent of the schools do tion. The court stated, ‘‘We do not ob- All the public commentary by religious not have enough power outlets and ject to the existence of parochial and other elected officials reflects that electric wiring to accommodate com- schools or that they attempt to spread same position even today. And vouch- puters and other needed technology; their beliefs through the schools. They ers raise the constitutional problems and 66 percent of the schools have inad- just cannot do it with State dollars.’’ equate heating, ventilation and air On August 22, the Wisconsin State which have been addressed, Mr. Presi- conditioning. Funding these repairs Court of Appeals affirmed by a 2 to 1 dent, not just academically but in sev- should be our top priority, not con- vote that the expansion of the State eral States which have tried to adopt ducting a foolish ideological experi- voucher program to include religious similar kinds of programs. ment on school vouchers. schools was unconstitutional under the Many of us feel that the use of vouch- Another serious problem with the Wisconsin constitution. ers to subsidize parents who send their private school voucher is the exclusion- On May 1, 1997, the Ohio Tenth Appel- children to private schools is a serious ary policy of the private schools. late Court unanimously reversed the mistake because it is a statement that Scarce Federal dollars should not go to trial court’s decision to allow public encourages parents to abandon the schools that can exclude children. money to be paid to religious schools. public schools, not to work to improve There is no requirement in the bill that The appellate court held that the them. schools receiving vouchers accept stu- voucher program violated the separa- Vouchers are a bad idea for school re- dents with limited English proficiency, tion of church and state under both the form, but they are far from the only students with disabilities, homeless United States and Ohio Constitutions. idea, and what I want to do, Mr. Presi- students or students with disciplinary And the court ruled that the voucher dent, is review briefly a number of the problems. program ‘‘steers aid to sectarian ideas that have been working here in Scarce funds should be targeted to schools, resulting in what amounts to a the District of Columbia to improve public schools which do not have the direct Government subsidy.’’ the academic achievement of many S9932 CONGRESSIONAL RECORD — SENATE September 25, 1997 students. These ideas serve as an alter- school-level reforms. General Becton’s and comparable Milwaukee public native to the unwise proposal to pro- plan supports these reforms, and we school students. vide vouchers. should too. By contrast, in the D.C. public There are many worthwhile ideas for I refer up here to restructuring the schools, under a new promotion policy reform that deserve broad support in whole school. Let me just develop that. beginning this school year, students in Congress. I have listened to the debate, Greater school autonomy, when cou- grades three and eight must have at and people are just throwing up their pled with performance accountability, least basic reading skills before ad- hands and saying, ‘‘We have problems can contribute to conditions that make vancing to a higher grade. This re- in these schools. Let’s just try vouch- better learning possible. School leaders quirement reflects a new commitment ers,’’ rather than being serious and and teachers can exercise greater con- by the District to ensure that all chil- looking at what is being attempted in trol over their school and have a great- dren master their basic studies. The many of these schools and what results er sense of personal responsibility for District has mandated a 90 minute lit- they are achieving, evaluating where its success. If teachers are to act as eracy period for direct instruction each this additional money could go to bene- professionals and not as robots, they day and suggested additional silent fit the most children. That is the test, need to be given responsibility for reading times each day. That is giving I would think, that this voucher making professional decisions regard- emphasis, giving priority in local amendment fails. ing classroom practice and school pol- schools to the area that is basic to So we know what works, Mr. Presi- icy. Holding students to higher stand- learning any other possible subject dent, in school reform. We know what ards requires that adults accept higher matter, and that is reading. With all teachers need to do to do their jobs responsibility for improving student respect to computer—reading. well. We need higher standards, better performance. In addition to mastering basic skills, trained teachers, up-to-date class- The Walker Jones Elementary School children need to be challenged with a rooms, safe facilities. These are com- in northwest Washington is working rigorous curriculum. One of the most monsense, doable solutions, and we with the Laboratory for Student Suc- effective choices that parents and stu- ought to be doing much more to imple- cess using Community for Learning, a dents can make is to choose to take ment them. research-based reform model—and it’s more challenging academic courses. For example, Milwaukee taxpayers working. The concept is called whole It works. A growing body of evidence have spent $7 million on the voucher school reform. With increased and demonstrates that public school reform program. The program shows no aca- more intensive teacher training in efforts that include high standards and demic gains for the 1,600 students in- proven methods and materials geared rigorous courses can improve achieve- volved. But for that same amount they toward better student learning, stu- ment for the majority of students in could have put what they call a Suc- dent test scores have improved. After 6 the public schools. States and local cess For All Program in place, which months in the program, the school communities that have set more chal- has a solid track record of helping poor raised its ranking in the District on lenging standards are seeing substan- children learn more. And it would have reading scores from 99th in 1996, to 36th tial gains in student achievement. benefited every elementary school in in 1997. In math, the school climbed New York City’s College preparatory that city. from 81st in the District to 18th—dra- initiative, mandating more rigorous Instead of spending $7 million in the matic, significant academic achieve- science and mathematics courses, has District of Columbia on a private ment and performance. resulted in the best-prepared class to school subsidy that has no proven Another result of this reform will be enter the City University of New York track record of improving academic increased accountability throughout since 1970. Elementary schools in the achievement and could help at most the D.C. school system, with better city are showing a 4-year rise in test 2,000 children, we should investigate performance measures and clear incen- scores. The number of Hispanic and the strategies that work for all chil- tives and consequences for administra- black students who pass the science dren. The conclusion is obvious. We tors, teachers, and students. Evalua- test more than doubled between 1993 should choose the 100-percent solution, tions of teachers and principals will be and 1994. There are the result. The not the 3-percent solution. tied to achievement, and schools that whole class is moving up. The whole Some D.C. schools have already re- fail to demonstrate improvement will entry class for the City College of New structured their facilities, improved be put on probation. York is moving up in academic teacher training, extended the school The principles of Success for All have achievement, based on this particular day, and enhanced family-centered now been introduced into 475 schools in New York College preparatory initia- learning. And they are getting results. 31 States. Evaluations show that stu- tive. We should make sure that every school dents in this program tend to perform A great deal of attention has been and community has the resources to about 3 months ahead of control stu- paid this fall to the problem of roof re- put into practice what works, so that dents by the end of first grade and by pairs in the D.C. public schools. Far no child is left out or left behind. more than a year ahead by the end of less attention has been paid to the fact There are serious problems in the Na- fifth grade. that beginning this fall all public tion’s public schools—especially in What we are finding out in 475 schools in the District will have new urban areas. We can do much more to schools across the country is that the content and higher performance stand- turn troubled schools around, and un- impact that this approach is having in ards to define what every child in ex- dertake a wide range of proven reforms improving academic performance is not pected to learn and do. D.C. public to create and sustain safe and high-per- just on one or two children in a class, schools are committed to helping all forming schools. There are no panaceas but on all the children. This is the kind children meet these standards. to improve schools and improve stu- of thing we should give attention to The second point is foster world-class dent learning. There is no blank check. and give support to. instruction. In addition, in order for That is why we need to use our limited A second basic principle of school re- students’ performance to improve, resources wisely, to get the most bene- form involves organizing schools teachers must be able to teach to high- fit for our tax dollars. around a clearer focus on educational er standards. They must know the con- Improving student performance excellence for all students, and an aca- tent of the curriculum and the best starts with a focus on the basics—safe- demic orientation that challenges all teaching methods for helping students ty, discipline, high standards, and par- students to master basic and advanced to learn in genuinely challenging ent involvement. Sustained improve- skills in reading, math, and other core courses. ment must be based on what works, subjects. Teachers today, however, are not get- and what is supported by parents, edu- The voucher program flunks this ting the training they need. One of the cators, and the larger community. Re- test. Five years of evaluations by Prof. best programs we have, the Eisenhower search shows that student achievement John F. Witte of the University of Wis- Math-Science Training Program—a can best be improved by supporting a consin-Madison show no achievement hands-on program to upgrade the skills comprehensive set of district-level and difference between voucher students of teachers in our high schools—has September 25, 1997 CONGRESSIONAL RECORD — SENATE S9933 just been block granted under the Gor- won’t bother. They would rather take able to offer real alternatives to stu- ton amendment, just been wiped off the the children, if they are not working, dents and parents while maintaining books. We don’t know what they are to do something else. the kind of accountability that is fun- going to do with that money when it is That is just hogwash. When those damental to ensure a good education. distributed all over the country, but we classrooms opened, on Saturday espe- Congress can be part of these efforts, know what a difference that funding cially, parents made sure their children too. Instead of debating divisive ideo- makes to every one of those math and took advantage of it. And that has logical schemes like vouchers, that un- science teachers in every one of those been the case overwhelmingly. dermine the public schools and ignore communities that have benefited from In the programs that developed with 97 percent of the children, we can in- this valuable teacher training program. the Saturday curriculum, we have seen vest in what works and make school re- Math and science students in inner- a much better student-teacher ratio form work for 100 percent of the chil- city schools have only a 50-percent and we have seen extremely important dren in the District of Columbia and in chance of being taught by a teacher progress made. every community. qualified to teach these subjects. Schools in Massachusetts are benefit- Good education begins with decent Seven years ago, 53 percent of D.C. ing from these ideas. The Timilty Mid- places to learn. Yet, too many of our teachers were not certified. By last dle School in Roxbury, MA was long public schools across the Nation are year, the number had dropped to 33 per- known for its low test scores and high falling apart, and that is wrong. I have a chart that reflects exactly cent. In 1997, all new teachers are cer- rates for suspending students. Project what the situation is for the District of tified, and existing teachers must be Promise was established, including an Columbia. D.C. schools have more haz- certified by January 1998 or risk dis- extended school day program to in- ardous conditions than the national av- crease the amount of time that stu- missal. erage. This chart shows that District of Extending the school day can also be dents spend in class. School attendance Columbia schools’ exterior walls and effective. In addition to helping in edu- rose, math and reading skills improved, windows fail to meet the minimum cation, it can also help to create safe and suspension rates dropped signifi- standards in terms of safety and qual- havens for students in unsafe neighbor- cantly. As a result, the Timilty Middle ity. hoods. School was recently cited as an exem- Roof conditions are also much worse A recent report by the Office of Juve- plary school by the U.S. Department of than the national average, although nile Justice and Delinquency Preven- Education. It was a dramatic change in this number has improved somewhat tion shows that while violent youth the turning around of that school. because of the action that has taken crime is rising rapidly, children are Finally, school reform must include place in the past 2 to 3 weeks. safer in schools than anywhere else. To greater family involvement. Thirty Heating and ventilation systems in create a safer, more disciplined, and years of research shows that family in- D.C. schools have twice the problems drug-free environment for children, we volvement in children’s learning is a that we have for the national average. need to place more emphasis on hours critical link in achieving a high qual- Plumbing, twice the problems. spent outside school. After school pro- ity education and safe, disciplined Electric lighting, twice the problems grams that keep children off the street learning for every student. Schools can that they have. are a powerful and constructive answer reach out to parents and community Life-safety codes, two and a half, to the serious problems of delinquency members. Together they can develop a three times the problems that they that plague so many communities. I shared commitment to excellence for have. would say even with regard to un- all students, and work in partnership Power for technology, again, well be- wanted teenage pregnancies, the Cen- to reach their goals. Family-centered hind the curve, Mr. President. ters for Disease Control’s study shows services can be provided that include So these problems are severe in the that about 65 or 70 percent of these in- literacy training for parents, and District schools. Sixty-seven percent of cidents take place in the after-school teaching parents how to help their the public schools have crumbling roofs—although as I mentioned, there hours. children with their homework. When has been some change in the recent This step can work effectively even teachers and parents work closely to- weeks—but only 27 percent of the in individual schools. At the Spingarn gether, children can learn more effec- schools across the country suffer from School in northeast Washington, the tively. the problem. principal made student safety the first The Nalle School in the District of I daresay, if you want to look at the priority. Mr. President, 740 students at- Columbia and the Freddie Mack Foun- national standards, they are not all tend the after-school day program and dation are working together to create that great. In Boston, there are a num- 500 students attend the night program. the District’s first full service commu- ber of schools in the wintertime, any- The school was a safe haven for stu- nity school to address the wide range where from 15 to 18 schools, that do not dents. of family needs. Working with service open because of various heating prob- Drug and violence prevention pro- organizations, parents and educators, lems every day. grams also keep students focused on and community leaders, the school is The situation in Boston has improved learning. Students who break school becoming a major hub of community somewhat under Mayor Menino and rules are not dumped on the street activity, bringing the parents in, find- Tom Payzant. But go to the older where they are likely to become per- ing out what needs the parents have, towns of New Bedford, Fall River, Low- petrators or victims of violence. In- and providing them with the instru- ell, Lawrence, Holyoke, Springfield, stead, they are placed in separate pro- ments to help and assist the children North Adams, and many of the other grams in the school where their edu- move to higher academic achievement smaller communities also on the north cation is not interrupted. and accomplishment. And it is work- shore, and you find problems similar to We also know that the more time ing. It is working if schools and com- those of the D.C. schools. children spend learning, the more they munities have the resources. So the national average is not a very will learn. Programs that extend the Can we have a chance to go through positive test. Senator MOSELEY-BRAUN school day or the school week can en- each of these different proposals at has been the leader in the U.S. Senate hance academic achievement. The Dis- greater length at another time? in recognizing that unless facilities are trict of Columbia has created so-called I know others want to speak to this, suitable for learning purposes, we dis- Saturday academies for students who and we have limited time this after- advantage children to such an extraor- read below grade level. The Saturday noon, but we will have a chance to go dinary degree. Not just because there curriculum reinforces the weekday in- through this in greater detail, I am are no textbooks available or because struction, and benefits from a reduced sure, at some time, Mr. President. it is colder in the wintertime, but the student-teacher ratio. If schools and communities have the point that she has made, and I think so I can remember when those Saturday resources to choose effective ways, powerfully and effectively, is what it programs were first suggested and the such as these, to ensure all children does to a child who goes into a class- uniform impression was: Why bother have an opportunity to reach higher room that is in such a state of deterio- with it? People won’t show up. Parents academic standards, schools will be ration. We say education is important. S9934 CONGRESSIONAL RECORD — SENATE September 25, 1997 People in the communities say edu- our country and its role in the world in which they require in the classroom. cation is important. The children every the years ahead. They don’t have those today. single day go into these dilapidated In meeting the educational needs of Here we are talking about spending conditions where they are not able to children, we must allocate scarce re- $7 million to give vouchers to 2,000 stu- get the school books they need, where sources wisely. We know what works. dents when the other students who are the roofs are leaking, windows won’t We must make sure that every child left back in the classroom don’t even close, where they don’t have adequate has access to it. We should not give have the textbooks to be able to follow heating, where they don’t have the public funds to schools that can ex- what is going on in the classroom. electrical outlets for computers. Mr. clude children. We should invest in Maybe we will hear other testimony, I President, what kind of message is it public schools so that all children have am sure we will, about the miracles of sending to those children when we are the opportunity for a good education. vouchers in improving academic out there putting increasing demands We should rebuild communities, not di- achievement for students, but I haven’t on those children? That is something vide them. Communities across the heard any convincing arguments made for which I think we as a society pay a country are working hard to improve in the course of this debate. To the very heavy price. But that is another their public schools, and Congress contrary; we can take additional time issue for another time. should help them to do more as well, and demonstrate where the various re- The point is, we tried to mention the not make their current troubles worse. views have failed. places the $7 million could be used that We should create improved conditions Mr. President, $1 million would fully would enhance the academic achieve- in all schools for all children, and we fund after-school programs in 25 ment and accomplishments of a great should start with safe buildings, decent schools; $7 million would fund after- number of the students. roofs, good plumbing, and classrooms school programs in every one of the The school facilities, as I mentioned, equipped for the 21st century of learn- District of Columbia schools and bene- across the country are in poor condi- ing. fit every child—every child—not just 3 tion. It is a national problem. Water Mr. President, what could we do with percent; every child. damage from an old boiler has caused the $7 million? We can improve the in- In any fair evaluation about what is so much wall deterioration in one D.C. frastructure with that $7 million. It happening in these after-school pro- junior high school that the entire wing could buy 368 new boilers for D.C. grams, we must note what a difference has been condemned. Leaking roofs schools. There are 157 schools, and at these programs have meant, when we have been causing ceilings to crumble least with regard to trying to make tie them in to academic help and as- on teachers’ and students’ desks. Fire sure that they have hot water and sistance, in advancing students’ aca- doors are warped shut. Some schools heating systems, we could do much for demic achievements and accomplish- are sweltering in hot weather because the D.C. schools. ments and in improving interest in they lack air-conditioning. Others are We could rewire 65 schools that don’t school and attendance rates. The pro- so poorly insulated that students must have the capacity to accommodate grams are reducing absenteeism and wear coats indoors in the winter. computers and multimedia equipment. keeping children safe and secure and According to D.C. public schools, $87 We have in the budget about $300 mil- beginning to challenge and open up million was needed to make the criti- lion a year for new technology, tech- new opportunities of learning for chil- cal repairs necessary to ensure all nology grants to try to help assist dren. You would be able to do this with schools would be ready to open for the local communities with new comput- the $7 million for every school in the 1997–98 period. Yet, only $50 million ers. Why don’t we go ahead and wire District of Columbia. But, no, we are was appropriated to repair the schools. some of the schools so at least they going to take 3 percent of those chil- Requests for additional funding were will be able to participate in these new dren and give them a voucher with initially denied by Congress and only kinds of technologies? Why don’t we which they may or may not be able to made available at the last minute. So train the teachers to be able to use get into some school, not which their Congress deserves part of the respon- those technologies in a way that can parents are going to be able to get sibility for the crisis that was caused integrate computers into the curricu- them into, or not that the child is by the recent 3-week delay in the open- lum and give these children an oppor- going to be able to get into, but the ing of the schools. tunity so that they are going to be able school is going to make that judgment Isn’t that wonderful? Here we are to compete in the future? We could re- and decision. trying to tell the District of Columbia wire 65 schools. Mr. President, $3.5 million would link what they ought to do with scarce re- We could upgrade the plumbing in 102 58 more schools to research, improving sources, and we were late in putting schools with substandard facilities. We designs and improving day-to-day in- the money up so they could open in the see the problem here, the challenge. We structions. Those are the other kinds first place, disadvantaging all of those have double the problems in just basic of programs that I referred to earlier in children. Mr. President, we do not have fundamental plumbing in the schools. my comments. a good enough record to dictate to the We could upgrade the plumbing in over I certainly hope that this amendment District of Columbia on education or 100 of those schools so that we can will not be accepted. We too often on most other items. make some difference, again in terms around here look for easy answers to D.C. schools need much more repair. of infrastructure. That $7 million can tough, complicated problems. Re- Any funding that we invest should be do a lot for infrastructure. cently, if we find out we have a prob- spent on improving the public schools What could $7 million do to support lem, more often than not we propose a for students. We should not be divert- other programs that are demonstrating constitutional amendment to deal with ing the Federal dollars to pay subsidies enhanced academic achievement? The it. We have more constitutional for the private schools when public few that I mentioned—and at another amendments pending in the Judiciary schools have such pressing, urgent opportunity, I will go into more detail Committee in this Congress than in the needs. It is preposterous to pretend on some others—$1 million would buy history of the country. We have gotten that we can prepare for the 21st cen- 66,000 new hard-cover books for the to where we think if we just pass a con- tury in dilapidated 19th century class- D.C. school libraries. That is very im- stitutional amendment, all of these rooms. portant. If you look at what is avail- problems are going to be resolved. Improving educational opportunities able in those D.C. libraries and com- We are not going to be able to deal for all children deserves the highest pare them to libraries in schools all with all of the problems that all of us priority at every level of Government over the country, you will find them understand are out there in the public and in every community across the Na- dramatically shortchanged. We have a school system on the cheap. It is going tion. Educating our youth is one of our real opportunity to make a difference to be tough, difficult work. Money in Nation’s most important responsibil- in the libraries of schools all over the and of itself is not the only answer. In ities. If we fail to make sound invest- District, and we could have an impor- many instances, you can probably get a ments in education, few other invest- tant impact in making sure that each much better and higher grade edu- ments will make much difference for student is going to have the textbooks cation with the amount of resources September 25, 1997 CONGRESSIONAL RECORD — SENATE S9935 that are being expended. We under- ‘‘OK, we here in the Senate are decid- Many examples have been cited in stand that. We know that. But, none- ing for you, even though you don’t one school system or another across theless, what we are talking about here want it. We’re going to experiment this country by the Senator from Mas- with this particular amendment is a re- here. We can’t pass this kind of legisla- sachusetts over the last 40 minutes; flection of our priorities—of our prior- tion back in our own States where it’s and yet he condemns a program or an ities. been defeated at times that it has gone idea that is embodied in this amend- How are we going to spend that $7 before the electorate, but we’re going ment. It tries to do something very im- million? Are we going to prioritize 3 to try it on you here. We have $7 mil- portant to a failed system—inject it percent of those children with a pro- lion. And in spite of the fact that your with a competitive idea that forces a gram that I believe is unconstitu- religious leaders, your business leaders, new thinking that must be allowed to tional? And perhaps those that defend your elected leaders do not want that, happen. it are going to be able to make a case and want it invested in these other pro- I must tell you, if the schools of to respond to what is happening up in grams, that’s too bad. That’s too bad Idaho had the kind of money that the Wisconsin and what has happened in on this. We’re just going to say, ‘You’re schools of the District of Columbia Vermont and other States that have going to have to have it because we have, because we provide—and I do not struck down vouchers over the last want to experiment with it.’ We want say this with any pride—nearly $2,500 year—maybe they will be able to sus- to try and find some silver bullet to less per student than the District tain it. Perhaps they will be able to solve this problem’’? schools get here, and if we had the make the case with those 3 percent of I hope, Mr. President, that this measurement of the standards and the children going to these private schools, amendment is not accepted. failures of this school system, the that they are demonstrating what a Mr. President, how much time is left? Idaho system would have been changed breakthrough kind of academic bril- The PRESIDING OFFICER. The Sen- dramatically years ago. You have liance that they are able to achieve ator from Massachusetts controls 14 heard the comparisons I am referenc- and accomplish, and we are going to minutes, the Senator from Indiana 57 ing. Last year, 72 percent of D.C.’s eighth find the whole country is going to be minutes. graders in public school scored below shaken by this experience and we are Mr. KENNEDY. I yield the floor. the basic proficiencies in math, and 29 going to do something dramatic about The PRESIDING OFFICER. Who percent failed to meet basic proficien- it. yields time? The fact is, Mr. President, those that Mr. COATS. Mr. President, I very cies in reading; and yet they got $2,500 have demonstrated over the course of much want to respond—and so does more per student than the Idaho stu- dents, and our scores are among the their lives—some with more success Senator LIEBERMAN—to some of Sen- top in the country. than others—know that this is hard, ator KENNEDY’s remarks. But our col- I do not mean to be pounding my league, Senator CRAIG, has been very tough work, that it is a combination of chest about Idaho schools. I want to patiently waiting. I yield to him up to elements. see our educators get more money and Children are not going to learn if 7 minutes or as much time as he con- I want to see more money put into there is disruption in those classrooms, sumes short of that. Idaho schools. But it is fair and it is if the classrooms are not safe. Children The PRESIDING OFFICER. The Sen- important that we compare a failed are not going to learn if they go to ator from Idaho is recognized for 7 min- system with a performing system and utes. school hungry during the course of the the dollars and cents involved, and to Mr. CRAIG. Mr. President, let me, day. Children are not going to learn if argue, as we must, that it is not a first of all, thank my colleague from they do not have the textbooks. Chil- money issue. And it isn’t. And we know Indiana for yielding. dren are not going to learn if they have that. an inadequately trained teacher. Chil- I have been sitting here for the last And this voucher amendment isn’t to dren are not going to learn if they 35 or 40 minutes listening to what is a do with money. It is to do with the know that their walls are crumbling truly sincere statement by the Senator ability of parents to be able to decide down and they do not have light. from Massachusetts as it relates to the what is best for their children and to Just like the children are not going state and the condition of the D.C. have the flexibility to move on that de- to learn if they have hearing problems school system. cision. or if they have vision problems or if He has left up a chart that recognizes Why has education, Mr. President, they have some asthmatic problems— seven categories of dilapidation that been nearly every person in this coun- they are sick. have resulted in the D.C. schools not try’s No. 1 choice in the public polling One of the benefits that we have opening on time this year. If you were of our country over the last decade taken care of, hopefully, in the recent to look at that chart, and all of the when asked, ‘‘What’s the most impor- action here, is to try and make sure statistics of the D.C. school system tant issue on your mind?’’ Not because that children are going to get the pre- separate from the rest of the country, it is so good—we are oftentimes re- ventative health care so that when you would say, ‘‘My goodness, what minded of quite the opposite. It is be- they go in there at least they are going happened? Why didn’t we give them the cause the public school systems of our to be healthy children when they go to money to fix the doors, the windows, country are in trouble. Parents are those classrooms. the electrical, the plumbing, the phys- concerned about the quality of edu- We know some of the things that in- ical structures of the school system? cation our children get, their children hibit children from learning. We do not What happened?’’ get and their futures. know all the things that enhance their Mr. President, they had the money. When you can’t guarantee safety— academic achievement, but we know They were given the money. I do not and the District schools can’t; when some. And we know some of the ones know what happened other than to say, you can’t guarantee discipline—and the that have a proven record, demon- they blew the money, they failed. By District schools can’t; when you can’t strable record, with solid results. every measurement, the D.C. public guarantee high standards—and the Dis- The question that the Senate is going school system is at the bottom. And trict schools can’t; you fail. If there to have to ask is, are we going to try that is a tragedy. were an opportunity for the children of this kind of a program here for $7 mil- You can defend the status quo and the District to go somewhere else, lion when we can invest that $7 million argue you have to pour more money in. there would be one of the greatest edu- in some of the programs here in the But even the Senator from Massachu- cational exoduses in the history of this District, replicating the ones here in setts agrees, it isn’t necessarily a country. That is not going to happen. the districts that the parents want, money issue. But what this voucher amendment that the teachers know have been suc- Well, then for goodness sakes, what offers is some reasonable understand- cessful, that have been carefully evalu- is it? Is it a new program, a special pro- ing that we ought to try to make a dif- ated, that will benefit the greatest gram, a great idea, an infusion of a new ference. It isn’t some grand experi- number of children? Or are we going to concept that will turn this public ment, not at all. It is, without ques- reach down from Olympus and say, school system around? tion, an idea whose time has come, an S9936 CONGRESSIONAL RECORD — SENATE September 25, 1997 idea to inject a competitive environ- the status quo and real reform. I thank So more money is clearly not the an- ment into a monopolistic system that Senator COATS, Senator LIEBERMAN, swer. Maybe some competition, maybe at the very best creates the lowest Senator BROWNBACK, Senator LANDRIEU letting the mother of a 10-year-old boy common denominator. That is not good for offering us this opportunity to de- who is going to a school that may or enough for the young people of this bate school choice. may not be open because of fire codes, District, and it is not good enough for This is not a partisan issue. This is that may not be able to educate this any young person anywhere in this all about kids and a failing system and child because he is being offered drugs country. the responsibility of this country and on the school grounds, give that moth- The good side about the District its policymakers to make the dif- er a chance to do something different schools not opening happened in my of- ference, because it is a public edu- for her child, and that is to give her fice over the last 3 weeks. A young lady cational school system. We are not child a chance with a voucher to go who is a junior at Eastern High School going to worry about the private sys- somewhere else for competition. And here in the District came to intern in tem. It competes. It has to be good or then perhaps, if this works as a test, it my office, Kimberly, a delightful young it will not get the kids. might be something that we can do in lady. We learned a lot from her; and I But the public school system does low- and moderate-income areas all think she learned a lot from us. not have to be good because the kids over our country. Maybe that is a new But she did say this to me as she left that cannot afford to get out of it have idea that might work. to go back to school. ‘‘Senator Craig, I to go to it. We should not sit here and Mr. President, this is an amendment think I’ve learned more here in 3 weeks pound our chests and talk about all the that is a field test for another way to than I’ll learn in a full semester in my good things because we need to correct try to improve our public education school.’’ She was being kind, but the the bad things. And that way a very system, which I think everyone in the problem is, I look at the statistics of important public education system will U.S. Senate wants to do. But why are the school she attends and she’s right, be better. It is good in a lot of places we not open to a new idea? Why she’s accurate. This young lady de- around the country. It is bad here in wouldn’t we say if any place deserves a serves every opportunity possible that the District of Columbia, and we ought try, it is this community, the District the public school system should offer not hold anybody prisoner to that idea. of Columbia, where we see the test her and yet it does not. Let’s give parents and students a scores go down in relation to the Fed- She said, ‘‘Can I come back to your fighting chance—let’s give them a eral money that has gone in. Let’s try office? Can I be a part of your office, choice and a future. something new. This is the perfect because I know that I can learn a great Mr. President, I yield the floor. place to do it. deal? And I’ll do extra time so I can do The PRESIDING OFFICER. Who I commend the Senator from Indiana, that.’’ And we are going to see if we yields time? the Senator from Connecticut, and all can make that happen. Mr. COATS. I yield such time as she those who are cosponsoring this inno- School choice—that is what we are may consume to the Senator from vative idea so we can have a test mar- talking about today—transfers power Texas. ket to give every child a chance to over basic education away from the bu- The PRESIDING OFFICER. The Sen- have a great public education by intro- reaucrat and to the parent. I suggest ator from Texas is recognized, ducing a choice. With that competi- that the failures of the District system Mrs. HUTCHISON. Thank you, Mr. tion, encouraging every public school are a clear reflection of the bureau- President. to come up in standards to attract crats having had that opportunity. I appreciate the opportunity to say a those vouchers that would provide that Nobody dare defend a school system few words. I will be brief because I quality public education that we have where 40 percent of ninth graders drop know a number of people have opinions guaranteed to our people for the last out or leave before graduation or where on this subject. But, Mr. President, I 221 years in this country, and which if only 50 percent of education expendi- think we are talking about the future we are going to remain the greatest tures go toward instruction, compared of public education. I have heard peo- country on Earth, must be the hall- to 62 percent nationally. ple say, why not just improve public mark of our freedom—a quality public Mr. President, we wouldn’t tolerate education? That is what we are trying education. failures such as this in my State, and to do. That is the bottom line of what Mr. KENNEDY. Mr. President, I will we shouldn’t except them in the Na- this amendment is trying to do—intro- just take one moment to ask Senator tion’s capital. duce some new idea, introduce a new HUTCHISON—I understand this issue Allowing for school choice is a viable way of trying to improve public edu- about vouchers was actually considered solution to the woes of the District’s cation by having competition in our by the Texas legislature this year and schools. This amendment is a reason- system. was actually rejected. That is part of able and appropriate answer to this cri- Mr. President, what makes America the problem that many of us have. sis. This measure would provide schol- America, what makes America dif- Mrs. HUTCHISON. I say perhaps, for arships to over 2,000 public school stu- ferent from other countries in the once, maybe Washington could teach dents, the poorest of the city’s poor. world has always been our commit- us a lesson. These scholarships could be spent to ment to quality public education so Mr. KENNEDY. Touche. attend any private or public school in that every child in our country would I mention to my friend from Idaho the District or the neighboring coun- have the opportunity, with a full range before he leaves, we acknowledge the ties of Maryland and Virginia. Most of public education, to fulfill his or her previous failure that he had outlined importantly, scholarships would be tar- potential. here very eloquently this afternoon geted to the poorest students, those I am a product of public education. I when we established the control board. living below or near the poverty line. think it is important that we have the The D.C. school chief executive officer, Opponents of the measure make one quality so that a person like me can General Becton, has had 10 months to argument: school choice diverts money stand on the floor with a person like enact changes. In that short time, they away from public schools for the bene- Senator KENNEDY who has had quality have consolidated and closed 12 school fit of a few students. However, nothing private education. In order to do that, buildings, hired only certified teachers, could be further from the truth. I think it is important that we have established annual testing for all stu- This measure would not cost the pub- new ideas because, as they say in my dents, and set standards for teachers lic school system anything—not $1 home State, ‘‘If it ain’t broke, don’t fix and principals. would leave the public school system. it.’’ They have only been in effect for 10 The funding is entirely new money— This is broken. The District of Co- months and here we already are chang- taken from an increase in the Federal lumbia schools spend more money per ing and interfering with their priority. Government’s contribution to the student than any school in America, I think for the reasons that the Sen- city’s debt. and yet steadily we have seen the de- ator has pointed out—there has been Mr. President, today the Senate is cline of the quality of education as this dramatic change in terms of the being asked to make a choice between judged by the scores on tests. leadership, those that are trying to September 25, 1997 CONGRESSIONAL RECORD — SENATE S9937 provide new leadership, and here we are ents than means could access quality children the most. I submit that both in the Congress trying to second-guess. education because our system sup- research, experience, and common Mr. CRAIG. Will the Senator yield? ported quality public education. sense suggest otherwise. Researchers Mr. KENNEDY. I yield. Education is about more than an in- have concluded that academically and Mr. CRAIG. I appreciate what the dividual’s ability to get trained for a socially disadvantaged students are Senator from Massachusetts said. I good job, although certainly that is less likely to benefit from school think all of us are extremely excited one of the benefits of it. We are very voucher programs. It is amazing to me about what we hope will happen here in clear, without education individuals that the academic research on this sub- the District. And, of course, you and I are handicapped when it comes to the ject has not gotten more attention. have both used the figures that dem- job market. Voucher programs in other countries onstrate the failure of this system. The point has to be made, and made where they have had such programs What I think we offer today is an en- over and over again, that it is more confirm this research, that, indeed, the hancement and an accelerated oppor- than about just individuals. Education voucher approach, spinning off from tunity to assist in what is underway. I is a public good as well. It is a private the public school system, has led to benefit, to be sure, but it is also a pub- appreciate what the Senator is saying. economic as well as social segregation lic good. It is something that affects Mr. KENNEDY. I yield the remaining of students. Instead of narrowing the our entire community. It affects the time to the Senator from Illinois. gap between wealthy and poor, instead quality of life in our community. It af- The PRESIDING OFFICER (Mr. GOR- of narrowing the gap between commu- fects everything from health status to TON). The Senator from Illinois is rec- nities of students, the voucher propos- voter behavior, to whether or not indi- ognized. als when implemented had the effect of Ms. MOSELEY-BRAUN. Mr. Presi- viduals, or whether or not commu- nities, will support our democracy and widening the gap. I don’t think we dent, I want to commend the Senator want in our time to be responsible for from Massachusetts for his leadership, appreciate the higher values of our community. widening the inequalities among stu- for his consistency, and for his out- dents. If anything, we should be en- standing advocacy on behalf of children Quality public education has shaped our democracy. It created a strong deavoring to narrow that. in this country. I think it is fair to say, As a matter of fact, in one study that and everyone who hears my voice will middle class. It propelled our country to the top of the world’s economic pyr- took place in Chile, performance actu- recognize, there is no one that TED amid. The rungs of the ladder of oppor- ally declined for low-income students. KENNEDY takes second place to when it That is not surprising because any use comes to fighting for children. He has tunity in our country have historically been crafted in the classroom. I think of public funds for private schools re- been a leader and continues to be. quires that fewer resources be devoted I am so pleased to have this oppor- our generation has an obligation to see to it that the legacy of quality public to the public schools. Since the vast tunity to join him in strong opposition majority of low-income students will to this voucher proposal. Let me touch education is not abandoned and, as much to the point, is not diluted by ef- remain in the public schools and the for a moment on what I see as the worst of the schools are, for the most central flaw with this voucher pro- forts, such as this one, to divert re- sources and divert support away from part, already sorely underfunded, it is posal—whether it is for the District of the public education system. just evident that private school vouch- Columbia or any other school system. The reason that we have compulsory ers would further weaken public edu- Voucher programs for elementary and education in this country is not so that cation. secondary education presume that a every child can access the best edu- Right now, the Federal Govern- market-based solution will solve prob- cation that his or her parents can af- ment—it is ironic that we are having lems that exist within our public edu- ford or find, but so that every child can this debate—the Federal Government cation system. receive a quality education. If our pub- right now currently only meets about 6 We have heard a lot about competi- lic schools are not meeting that chal- percent of the costs of elementary and tion in the system. That suggests that lenge, then it is our responsibility to secondary public education in this there will be a meeting in the market- fix those schools. A federally funded country. We don’t even provide the place and that quality will rise out of voucher program would not fix a single funding—and I know the Presiding Offi- that competition, out of that meeting public school. In fact, if anything, this cer will recognize this issue—we don’t of forces in the marketplace. I point effort represents a retreat from the even cover the costs of unfunded man- out to anyone listening, if you think challenge of making our schools work dates in education. To further divert about it for a moment, markets by def- for every child, making our schools rise resources from what we are already not inition have winners and losers. The to the level of excellence that as a doing makes absolutely no sense at all. question then becomes whether or not community we have every right to ex- Transferring funds from public we can afford to impose a market- pect. schools to private schools will not buy based solution where the welfare of all Vouchers represent putting individ- new textbooks for public school stu- of our children is involved. We cannot uals over the interests of the whole dents or encourage better teachers to afford in this country any losers in a community. Vouchers necessarily will move to the public schools nor fix a game of educational roulette, or, as benefit only a small percentage, a single leaking roof on a public school. much to the point, in an approach to small number of students. Consider for All it does is divert resources, precious what for all intents and purposes is an a moment there are roughly 46 million resources to begin with, away from the educational triage in which only those public school students and 6 million system that is already underfunded and youngsters who have the family struc- private school students. Any large- that needs it the most. ture, who have the ability, can retreat scale voucher program would obviously Supporters of private school vouchers from the public school system, leaving overwhelm the private schools. Advo- claim that those schools are better whatever else is behind. cates claim that entrepreneurs would managed, they perform better, and cost It is very interesting, by the way, start up high-quality schools to meet less than public schools. Again, the that a lot of the discussion goes to pro- the demand. Just look at the potential facts suggest otherwise. viding poor children with options. The for abuse and ask yourself the ques- It is absolutely true that some public fact of the matter is that public edu- tion, what do we do when we look up schools are inefficient. Again, vouchers cation in this country excelled pre- and discover a whole slew of less-than- don’t solve those inefficiencies. What cisely because it wasn’t just about poor quality school facilities in which peo- solves those problems are good man- children. It was about providing qual- ple’s only objective is to make money? agers. In Chicago, in my hometown of ity education to any child of whatever There is no reason to think that by Chicago, IL, innovative leadership and wealth, from whatever communities, providing this spinoff of resources from a ‘‘no excuses’’ attitude totally re- whether their parents were engaged public education that we would wind shaped the system there in the space of with their education or whether their up with a system that was any better. about 2 years. Under the leadership parents were found lying in a gutter Supporters of the voucher proposals that is now in place, our school system somewhere. A child who had more tal- claim they would help the neediest is improving itself to the benefit of all S9938 CONGRESSIONAL RECORD — SENATE September 25, 1997 of the 425,000 students in that system, ents. The generation before us left us a money this fall to enroll six of their not just the select few who might have legacy of a system of quality public children in Our Lady of Perpetual Help been spun off with a voucher plan. education in which every child, no Catholic School here in the District of Every school system calls upon the matter what the circumstances, can Columbia. I had the honor of meeting people, the leadership of that commu- get an education consistent with their one of those children, Shannon, when nity, to focus in on management is- talent without regard to their means. she visited my office in the spring to sues, to address the longstanding issues We have an obligation to do no less for interview me as part of a school project of neglect and of finance that have the next generation of Americans. on Arkansas. It was little Shannon hamstrung our ability to provide qual- Coming up with an approach that will who, 1 year ago, told her tutor that she ity public education to all children. spend away resources from our system wanted to go to a Catholic school. The evidence also disproves the of public education does not keep faith When asked why, she emphatically an- claims that vouchers improve student with that legacy of support for quality swered, ‘‘because I want to learn achievement. Annual evaluations of public education as an integral and much.’’ the program in the city of Milwaukee central part of the American dream. Mr. President, even though Shannon concluded that vouchers have not done Mr. COATS. Mr. President, I yield 5 had never been to a Catholic school, so. Again, I call my colleagues’ atten- minutes to the Senator from Arkansas. nor did she know anybody enrolled in a tion to all of the research that has The PRESIDING OFFICER. The Sen- Catholic school, she knew that if she been done in this area. There is no sci- ator from Arkansas is recognized. went to a Catholic school, she would entific evidence to support the notion Mr. HUTCHINSON. Mr. President, I learn. She wanted to learn much. Shan- that somehow by taking away from rise in the strongest support of the Dis- non’s mother knew that, for her chil- public education you improve it. trict of Columbia student opportunity dren to progress in their studies and As for cost, again, the private schools scholarship amendment offered by Sen- graduate from high school, she des- can cost less in some instances because ators COATS and LIEBERMAN to the D.C. perately needed to get them out of the only 17 percent of them provide special appropriations bill. I have long been failing D.C. schools and into a place education, which, of course, is a high convinced of the value of school choice where the teachers would spend time ticket item. It costs twice as much to programs. I think the debate this after- with her children and teach them. educate disabled children. Again, the noon has been very healthy for our Under this amendment, nearly 2,000 point ought to be made that the public country. of the District of Columbia’s poorest schools take everyone. They are Earlier this year, the Washington children—not the wealthy kids, those schools in which all consistencies, all Post ran a five-part series on the D.C. from the rich side of town whose par- kinds of students, whether they are schools, detailing the mounting prob- ents can afford to send them to elite rich, disabled, poor or whether their lems of the physical deterioration of schools—but the poorest children parents have problems, or whether its school buildings, violence in the would receive scholarships for tuition they are troubled, all students come. classrooms, and the falling academic costs at a private school in the District With compulsory education they have success among students. Eighty-five of Columbia, or in adjacent counties in to. By setting up a system that spins percent of D.C. public school students Maryland and Virginia. Mothers like off a part of the student body, all we who go on to college at the University Shannon’s are eyewitnesses to their are doing, again, is creating a situation of the District of Columbia [UDC] need children’s improvement when their in which those who are the most able 2 years of remedial education before children are enrolled in a safe, stable, and the most capable and have the beginning course work toward a degree and thriving school environment. The Coats-Lieberman plan is a life- most family support will leave the at all. While this statistic is alarming line of hope for thousands of D.C. par- school system and leave behind those and should not be tolerated, it is a ents, like Shannon’s mom, who have who are least capable of doing well for prime example of how the D.C. public waited and are still waiting for an op- themselves. schools are failing the very children portunity to give their children a solid Here in the District of Columbia— that they are supposed to be serving. It and, again, this is once again the Dis- education and a chance to succeed. is the children who are the losers. This amendment makes so much trict of Columbia being made into a Some argue, as my colleague just ar- common sense. The question is, will guinea pig, for all intents and purposes, gued, that if only more money were vouchers work? Let’s give vouchers a for ideas that are floating around with- available to mend the crumbling school chance right here in one of the worst buildings, or to better train the teach- out addressing the real challenges of school districts in the Nation. Let’s ers or to hire more teachers, then ev- the District of Columbia—I, too, had not continue to put good money after interns in my office, students from the erything would be fine. Mr. President, bad by simply pouring it into a system District of Columbia, who interned in more money is not really the answer. that is broken. Let’s give the children my office precisely because the schools Despite spending more than $7,300 per of this city hope. Let’s give the parents were closed here. student in 1996, which is among the Na- of the poorest children in this city an Why were they closed? Because the tion’s highest spending rates, 65 per- opportunity to give their children the court had decreed that the school envi- cent of all D.C. public schoolchildren, best educational opportunity. ronment, the facilities were crumbling two-thirds of them, test below their I commend the Senator from Indiana, so badly that it was unsafe and hazard- grade levels; 72 percent of fourth grad- Senator COATS, and Senator LIEBERMAN ous for children to go to school there. ers in the D.C. public schools tested for their leadership and for the oppor- It would be more appropriate for us to below basic proficiency on the NAEP tunity to conduct this debate and to devote the money being proposed to be test—worse than any other school sys- cast this important vote. taken out here to rebuilding the crum- tem in the Nation. I yield the floor. bling schools in the District of Colum- More money is not the answer. What Mr. COATS. Mr. President, I yield 5 bia, to making sure the roofs don’t about the increased violence? The Na- minutes to the patient Senator from leak and the windows aren’t broken tional Education Goals Panel reported Oklahoma, who has been waiting a long and the electrical systems work, to fix last year that both students and teach- time to speak. the schools that we have, to meet the ers in D.C. schools are subjected to lev- The PRESIDING OFFICER. The Sen- challenge of supporting public edu- els of violence that are twice the na- ator from Oklahoma is recognized. cation instead of coming up with yet tional average. Mr. INHOFE. Mr. President, I was in another excuse not to support the So I ask my colleagues on both sides the chair when I heard the very elo- schools we have in place already. of the aisle, isn’t this bill the perfect quent speech, of course, as always, by This approach, in my opinion, rep- place to give us the opportunity to Senator LIEBERMAN. One thing he said resents, in the final analysis, a retreat, show what vouchers can do? They do at the very last surprised me a little a pessimistic capitulation to a win- help real families. Some of my staff bit. I think kind of out of desperation nable challenge. We can fix these members are privileged to work with he said, ‘‘We are only talking about $7 schools. We can do at least as much as one D.C. family who was fortunate to million. We try a lot of things that the previous generation did, our par- have received $4,000 of scholarship cost a lot more than that.’’ September 25, 1997 CONGRESSIONAL RECORD — SENATE S9939 I am here to inform Senator $10,000. So here we are talking about sters never graduate from high school; LIEBERMAN—and I believe he knows it being able to give a better education at 40% of D.C. public school students already—that it has been tried. I start- approximately one-third of the cost—in leave the school system between ninth ed with our mutual friend, Tony Coel- other words, for the same cost, reach- grade and graduation. ho, in 1993, who established an organi- ing three times the number of children. In terms of scores, it’s incredible: zation called the Washington Scholar- Ms. MOSELEY-BRAUN. Will the Sen- during the 1996–97 school year, 72 per- ship Fund. There were many Demo- ator yield for a question? cent of the eighth graders score below crats and Republicans involved. Sen- Mr. INHOFE. Not on my time. On basic in math—72 percent; 78 percent of ator KERREY, at that time, was an hon- your time, I will. the D.C. public school fourth graders orary chairman, and Bill Bennett was Ms. MOSELEY-BRAUN. There is no rank below basic reading achievement one of the honorary chairmen, also. Di- time left. levels in 1994; 80 percent of the D.C. rectors and advisors included Boyden Mr. INHOFE. I am sorry, I have to fourth graders in 1996 achieved below Gray and Doreen Gentzler, a local use my time. The dropout rate is a the basic math achievement levels. Channel 4 TV news anchor. problem. I will read a couple of things Do we want to save these youngsters? Our goal was to help needy or low-in- that I think are significant. Or are we so interested in protecting come families send their children to One of the mothers, named Voni the status of the unions, because that private school—the very thing we are Eason, said: is what this is about. We are talking talking about here. We were trying it My son loves the school. He even likes the about the status quo, where you have a through the private sector to see if it uniform. He feels like he’s a grown man. system that cares more about tenure would work. What we did was not pay Without an education—and a good, strong for teachers that can’t teach, more the entire scholarship, as we are talk- education—he’s not going to have a job. about seeing that the perks and privi- Without the Washington Scholarship Fund, ing about here, for a number of stu- he wouldn’t be able to go to his school. leges of the unions are protected—as dents, but to pay half of it. I think the opposed to providing students and their That is a mother making a testi- average tuition is around $3,000 a year. parents an opportunity to have a monial. Now, what we did was, we would offer a choice for real opportunity and to Tanya Odemns’ son actually tried the scholarship of $1,500 a year, so that the break out of this mediocrity. public schools system in Washington, parents would have to pay half of it, so The fact is, we once had great and vi- DC. She said: they would have to have an interest in brant public educational institutions. that. To be eligible, they had to be My son wasn’t learning anything. He didn’t That was before the days when the know his ABCs, didn’t know how to spell his residents of the District of Columbia. name . . . public school didn’t give him any union perks and prerequisites came Ours was K through 8, as opposed to K homework. I know my son is very intelligent first. through 12. I think K through 12 is and wants to learn. When I heard about the I support merit pay for good teach- probably better. They must be low-in- Washington Scholarship Fund, I just hopped ers. Let’s reward them and get rid of come by Federal standards. on it real quick. [Now] he’s excited when he the tenure system that is guaranteed Anyway, we went ahead with this comes home, wants to do homework. to provide mediocrity and less for stu- program on the half tuition. We had Mr. President, it has been tried and dents. Let’s have renewable tenure. people lined up in the school year of it is successful. It works. Parents should be empowered to 1993 and 1994, and we had 57 students. I yield the floor. make choices, letting them have the That is about $75,000 that we raised pri- The PRESIDING OFFICER. The time opportunity to send their kids to the vately for these one-half scholarships. of the Senator has expired. best schools. Last year, we were up to 250 students Under the previous order, at 4:30, the Who is trapped in the sea of medioc- that we helped. That is a substantial Senate is to proceed to debate on the rity? I will tell you. The poorest of the increase. But the interesting thing is defense appropriations bill. poor; the working families; the fami- that we have over 800 now on a waiting Mr. COATS. Mr. President, I prom- lies that can’t move to another area to list. I am sure that there are probably ised the Senator from New York he give their kids a good educational op- more out there waiting that are not fa- could get a statement in. portunity. miliar with the program. But it is over- I yield to the Senator from New I have to tell you something. I look whelmingly successful. In the schools, York. to Congressman FLOYD FLAKE. The they concentrate on strong values, Mr. D’AMATO. Mr. President, I ask Reverend FLAKE is resigning his posi- basic reading and writing and math unanimous consent that the time for tion. He is elected with 90-some-odd- skills, and we have a lot of parental in- the Senate to consider the defense ap- plus percent when he runs. He truly is volvement. propriations bill be extended for 3 addi- the servant of the people. This is not A lot of people are not aware that in tional minutes. intended to be a testimonial to him. I Washington, DC, there are at least 25 The PRESIDING OFFICER. Without will give that before October 15 when private schools with tuitions less than objection, it is so ordered. he retires. But let me tell you about $2,500 a school year. They average Mr. D’AMATO. I thank the managers one of the things that the Congressman about $3,000. Most of the private of the bill. Mr. President, let me say is going to do. He is going to go back schools in the District of Columbia op- this. I strongly, strongly support this and fight in New York to empower par- erate way below capacity, or their av- amendment. I want to commend Sen- ents and to give children and their par- erage tuition probably could come ator LIEBERMAN and Senator COATS for ents choice and an educational oppor- down, they would estimate. fighting to give the families, the par- tunity that now is all but put aside. The Washington Scholarship Fund is ents, the youngsters in the Washing- We can make a difference. I don’t one of 32 private school scholarship ton, DC, public school system a chance. care if it is 1,000 students that it helps, programs nationwide in cities like Mil- Too many are trapped. We are talking or 1,500 students. That is 1,500 more waukee, Los Angeles, New York, and, about working families who don’t have youngsters who will get a chance to in fact, there is one in the home State the ability to move to areas with bet- flourish in an oasis of educational op- of Senator COATS, in Indianapolis. ter schools. They don’t have the finan- portunity as opposed to a swamp and a They are currently helping approxi- cial wherewithal to send their children sea of mediocrity that are tearing mately 12,000 needy children, and they to better schools, including private down educational opportunities for have 40,000 on a waiting list. schools, that are safer and may give a kids. Well, when I heard the Senator from stronger educational opportunity. Al We have got to try to do something Connecticut say he didn’t know exactly Smith, a great Governor from our better. And it isn’t putting more of how much it was costing the public State, used to say, ‘‘Let’s look at the this money into a system that is bro- school system in Washington, DC, I record.’’ Well, look at the record. How ken down. think he is right because the account- can we be defending the status quo of Mr. President, I say this is the least ing system, as he points out, is very an education system in the District of we can do. This is an innovative oppor- poor. However, I have heard the range Columbia that has been a failure—a tunity to take one of the worst school to be somewhere between $7,700 and failure. Forty percent of these young- systems in America and to begin to S9940 CONGRESSIONAL RECORD — SENATE September 25, 1997 empower parents on behalf of their ing for operations in and around On ACTD’s, we reached an even split children to give them real educational Bosnia. with the House, which provides $81 mil- opportunity. The House of Representatives in its lion—nearly a 50 percent increase com- I yield the floor. original bill passed a provision which pared to the level appropriated for fis- f was a total prohibition on spending for cal year 1997. any operations in Bosnia after June 30, For overseas humanitarian, disaster, DEPARTMENT OF DEFENSE AP- 1998. and civic aid, we again split the dif- PROPRIATIONS ACT, 1998—CON- Personally, I believe we should with- ference with the House providing $47 FERENCE REPORT draw our forces from Bosnia. million. The PRESIDING OFFICER. Under Secretary Cohen and General Ralston One program where we sustained the the previous order, the clerk will re- met with us, and urged us not to take full administration request is in the port H.R. 2266, the conference report. that unilateral step, at this time. Cooperative Threat Reduction Pro- The legislative clerk read as follows: Prior to this conference, several of us gram, known as the ‘‘Nunn-Lugar’’ ini- The committee on conference on the dis- traveled to the United Kingdom, for tiative. agreeing votes of the two Houses on the the periodic United States-United Secretary Cohen made the strong amendments of the Senate to the H.R. 2266 Kingdom interparliamentary meetings. plea for the full $382 million sought by In those talks some of us came to ap- having met, after full and free conference, the President, and we have convinced preciate better the total dependence by have agreed to recommend and do rec- the conference to accommodate that ommend to their respective Houses this re- our European allies on the United request. port, signed by majority of the conferees. States forces in Bosnia. I again want to thank all conferees The compromise we reached retains The Senate proceeded to consider the on both sides, and especially the House conference report. the position of the House that we bring our forces out of Bosnia by June 30, but Chairman, Congressman BILL YOUNG, (The conference report is printed in and the ranking member, Congressman the House proceedings of the RECORD of the President can waive that require- JACK MURTHA. September 23, 1997.) ment if he certifies to the Congress the forces must stay in the interest of our I feel very proud about the work that The PRESIDING OFFICER. The Sen- was done by the conference working as ator from Alaska. national security. The President must also inform the a team. PRIVILEGE OF THE FLOOR Congress on seven points: First, the I urge all Members of the Senate to Mr. STEVENS. Mr. President, I ask reasons for the deployment; second, the vote in favor of approving the con- unanimous consent that the following number of personnel to be deployed; ference report before the Senate. Members of the staff of the Defense Ap- third, the duration of the mission; I reserve the remainder of my time. propriations Subcommittee be granted fourth, the mission and objectives; The PRESIDING OFFICER. The Sen- the privilege of the floor during consid- fifth, the exit strategy for U.S. forces; ator from Hawaii. eration of the conference report to ac- Mr. INOUYE. Mr. President, I rise sixth, the costs for operations past company H.R. 2266: Sid Ashworth, this moment to express my complete June 30; and seventh, the impact on Susan Hogan, Jay Kimmitt, Gary support for the conference report on morale and retention. Reese, Mary Marshall, John Young, This certification to Congress will the defense appropriations bill for fis- Mazie Mattson, Michelle Randolph, constitute the first time this President cal year 1998. Charlie Houy, Emelie East, and Mike has informed the Congress about As Chairman STEVENS noted, this bill Morris, a legislative fellow detailed to Bosnia before deploying or extending is within the budget allocation pro- the committee from the Department of our forces there. vided by the committee for defense Defense. I want to recognize the leadership of funding. The PRESIDING OFFICER. Without my good friend from Kansas, Senator The amounts provided represents an objection, it is so ordered. PAT ROBERTS, who contributed to our increase of $5.4 billion, 2 percent above Mr. STEVENS. Mr. President, the discussions in the United Kingdom fol- the amounts available during the cur- conference report on H.R. 2269, the De- lowing the visit he made to the con- rent fiscal year. partment of Defense Appropriations tinent. And it was his ideas that he Mr. President, it is my view that this Act for Fiscal Year 1998, closely follows passed on to me that really led to the increase is very modest, and is fully the bill passed by the Senate on July compromise that we have reached in justified under the circumstances. 15. this conference. The increase is necessary to allow us The bill provides $247.5 billion in new The Congress and the American peo- to continue to modernize our forces, to budget authority for the Department, ple, Senator ROBERTS told me, deserve protect readiness, and to fully fund a an amount within the levels set in the to know why our forces are in Bosnia 2.8-percent cost-of-living increase for budget agreement with the White and how long they must stay. The pro- our men and women in uniform. And it House. vision in this bill requires such a state- allows us to protect the priorities of As in July, the conference report re- ment. the Members of the Senate. flects a bipartisan effort, and I am The President is also expected to sub- This conference agreement is a com- grateful to my friend and colleague mit a supplemental appropriations re- promise which I believe all Members from Hawaii, Senator INOUYE, for his quest for additional amounts needed to should support. partnership in bringing this bill back maintain our forces in Bosnia if he de- The bill was passed by the House to the Senate, and bringing it back as cides to keep them there without dam- with two controversial matters to a very good bill. aging the readiness or the quality of which the administration strongly ob- The House passed the conference re- life of our Armed Forces. jected to—the B–2, and Bosnia. This port by a vote of 356 to 65, today. Virtually every program funded in conference report has dealt with those The full text of the conference re- this bill when we originally passed it matters to the satisfaction of the ad- port, and the accompanying statement the House and the Senate were funded ministration. of the managers was printed in yester- differently. And ultimately we had to On the B–2 bomber, the conferees day’s CONGRESSIONAL RECORD. find a compromise level between those have provided the President with $331 The print of House Report 105–265 has two bills. We actually had to eliminate million to begin the purchase of addi- been available to all Members today. some $4.5 billion of items that were tional B–2 bombers. However, it is up The tables and descriptive text of the funded in one bill or the other. to the President to determine whether statement of the managers details the Let me point out just some in- to buy more aircraft, or to upgrade the funding levels for all the programs con- stances. existing fleet of B–2 bombers. Mr. sidered by the conferees—I will not In the case of the Dual Use Applica- President, I for one hope the President take the Senate’s time to summarize tions Program, we sustained the full chooses to buy more B–2’s. But here the those adjustments. $125 million that was provided by the choice is his. I do want to highlight the toughest Senate. That is $25 million more than On Bosnia, the conferees agreed that policy issue we faced—continued fund- the House had provided. consistent with the current plans of September 25, 1997 CONGRESSIONAL RECORD — SENATE S9941 the administration all United States volved, and give the effect of such de- Karadzic. Members of the group over- troops be removed from Bosnia by June ployment on overall effectiveness of seeing the elections threatened to re- 30th of next year. However, if the our U.S. forces. sign. Posters of Elmer Fudd—I am not President certifies that it is in our na- Most importantly, the President making this up. That’s right, the car- tional interest to maintain our pres- must provide a clear statement of our toon character Elmer Fudd sprouted up ence in and around Bosnia, he can mission, and our objective. as a protest to ‘‘free’’ elections by one waive the restriction by consulting And he must provide an exit strategy faction. with and informing the Congress of his for bringing our troops home. NATO forces, which include U.S. decision. And should the President de- If these specifics are not provided to troops, have been cast into the role of cide to keep the forces in Bosnia, as the satisfaction of the Congress, fund- cops on the beat chasing war crimes Chairman STEVENS noted, he shall sub- ing for military deployment in Bosnia suspects. Just arrest Mr. Karadzic, we mit a supplemental, if additional funds will end next May. are told, try him for war crimes, and are required to pay for this deploy- Let me repeat: We are requiring the our problems will be solved. ment. administration—and, yes; the Con- Mr. President, as the New York Mr. President, this is an agreement gress—to clearly articulate our Bosnia Times pointed out recently, much as which can be supported by both the policy, justify use of military forces, we do not like it, ‘‘Mr. Karadzic re- Congress and the President. and tell us when and under what cir- flects widely held views in Serbian so- We should be grateful to Chairman cumstances our troops can come home. ciety.’’ Those views are real. STEVENS and the House conferees for That is not asking too much. Do these events reflect a sound, de- negotiating this very workable com- In my view, events of recent weeks fensible Bosnian policy that is in our promise. make this an urgent matter. It has be- national interest? Or do they sound an I would like to also mention the hard come increasingly clear to me that in ominous alarm as America is dragged work of the staff under the staff direc- the wake of the Dayton accords, and down into a Byzantine nightmare tor, Mr. Steve Cortese, and on the mi- after drifting for months, and with straight out of a Kafka novel? nority side, Mr. Charlie Houy. elections on the near horizon and the I visited Bosnia, like many of my col- Mr. President, I think it should be crippling winter only weeks away, the leagues. I talked with the troops in Au- noted that the staff worked long United States went from peacekeeping gust, met with the officers, met with hours—in one instance throughout the to peace enforcement with what I con- intelligence officials. They are out- whole night—to ensure that this con- sider to be dubious tactics. standing individuals. They deserve our ference report was completed before Troop protection, refugee relocation, support, our respect, our gratitude. the end of this fiscal year. I believe democracy building, economic restora- They are doing an outstanding job, Mr. that the Senate owes them its grati- tion, and, oh, by the way, if we run President, even though they have not tude for their efforts. across a war criminal let’s arrest him. been given a coherent mission. Mr. President, this is a good con- Those goals have been replaced. Just this past week, Gen. Hugh ference report. I urge all my colleagues So today we see increased troop Shelton, our outstanding nominee for to support its adoption. strengths—perhaps up to 16,000—we Chairman of the Joint Chiefs of Staff, Once again, may I express to my col- have picked a U.S. candidate in the was asked at his confirmation hearing leagues my great pleasure in being able election process, we have embarked by Senator MCCAIN of Arizona whether to serve them, together with Chairman upon an aggressive disarmament and there is a strategy to remove United STEVENS. We are fortunate to have location, and capture and prosecution States troops from Bosnia, and the Chairman STEVENS at the helm. of war criminals. general was stumped. Let me repeat Thank you, Mr. President. I reserve Is this mission creep, or is it long that. The general admitted he was the remainder of my time. overdue action, Mr. President? And aware of no exit strategy by the admin- The PRESIDING OFFICER. The Sen- will these goals accomplish realistic istration. That awareness is repeated ator from Kansas. progress? in Tazar, Mr. President, which is our Mr. ROBERTS. Mr. President, I Item: The world was treated to the staging base in southern Hungary, 7 thank the distinguished Chairman of spectacle of American troops, the sym- days in for our troops and 7 days out. the Appropriations Committee, and bol of freedom’s defenders, taking over We have no clear idea of how to extract ranking member. Everyone involved in a Bosnia television station in an effort them. our military and our national security to muzzle its news. The troops were If the provisions of this bill do noth- owes Senator STEVENS and Senator stoned by angry citizens. We gave the ing else, they should force a major re- INOUYE a depth of gratitude for their TV station back. examination of our Bosnian involve- outstanding leadership. Item: In the country where benevo- ment from top to bottom. Mr. President, I rise in strong sup- lent leaders are scarce, we have chosen Now, our former Secretary of De- port of the provisions contained in the up sides, supporting the cause of one fense, Casper Weinberger, articulated defense appropriations bill—so kindly candidate over another. It is a cynical six conditions for military interven- referred to by the chairman as the Rob- approach, it seems to this Senator, to tion, Mr. President. I repeat them here erts amendment—that will force the foreign policy that says to the world, today just to show how much our Clinton administration to clearly and ‘‘Sure, he—or she—is a dictator, but Bosnian policy is lacking. He said articulately justify our policy in the he’s our dictator.’’ At least for the troops should be committed only when use of military forces in Bosnia. Addi- time being. the following things happen: No. 1. tionally, Mr. President, these provi- Item: Elections were conducted but Vital national interests are threatened. sions will also force Congress to debate to cast ballots—listen up—to cast bal- I do not think that is the case in the Bosnian dilemma and our policy in lots many citizens had to be bussed Bosnia. The United States clearly in- that shattered region. back to their homes, which they can- tends to win. We did win. We stopped These provisions are about being not now, or may never, occupy to vote the fighting. But the political settle- honest with the American public. for officials who will never serve unless ment is contrary to the means by Specifically, these provisions require SFOR stands at the ready. which we stopped the fighting. We sep- the President to certify to Congress by In the Civil War in the United States, arated the ethnic groups. Now we are May 15 of next year that the continued Quantrill’s Raiders sacked Lawrence, trying to put them back together presence of U.S. forces in Bosnia is in then fled to Missouri. Should his ruf- again. The intervention has precisely our national security interests, and fians have been bussed back to Law- defined political and military objec- why. rence to vote for city council? That tives. As the former Secretary of De- He must state the reasons for deploy- makes about as much sense. fense said, there is reasonable assur- ment, and the expected duration of de- Item. A United States diplomat over- ance that intervention will be sup- ployment. ruled a Norwegian judge, whose deci- ported by the American people and the He must provide numbers of troops sion disqualified candidates with ties Congress. The commitment of Amer- deployed, estimate the dollar costs in- to indicted war crime suspect Radovan ican forces and their objectives can be S9942 CONGRESSIONAL RECORD — SENATE September 25, 1997 reassessed and adjusted, if necessary. I urge acceptance of these provisions. cate that the submarine has proven it- And, finally, Secretary Weinberger said We owe them as a debt of honesty to self. This legislation allocates scarce this: The commitment of forces to the American people. We owe them to defense dollars to build up the sub- combat is undertaken as a last resort. our military men and women with marine industrial base, to procure new As Chairman STEVENS will tell you, their lives on the line. torpedoes, to procure new submarine our involvement in Bosnia has come at I yield the floor. periscopes, and to assure excellent a large price. There are approximately The PRESIDING OFFICER. The time training programs for our submarine 10,000 troops. I personally think it is yielded to the Senator from Kansas has crews. This agreement will provide closer to 16,000. That is nearly one- expired. funding for the completion of the third of the 35,000 NATO troops in- Mr. INOUYE. Mr. President, I am Seawolf program and for the first new volved. From 1996 to 1998, costs are es- pleased to yield 2 minutes to the Sen- attack submarine. timated to be $7.8 billion—almost $8 ator from Rhode Island. This report shows support for the billion. That figure, too, may escalate. The PRESIDING OFFICER. The Sen- submarine procurement program as In justifying our policy in Bosnia, ator from Rhode Island has 5 minutes well as a logical and cost-effective way the administration must include a plan of his own already. to harness the expertise and skill of to fund the costs. Do they intend to Mr. INOUYE. Yes. our Nation’s submarine builders. take these rising costs out of the cur- Mr. REED. I thank the Chair. I would like particularly to again rent defense budget, money we need for I rise to express my support for the thank Chairman STEVENS and Senator modernization and procurement and defense appropriations conference INOUYE for their continued support, quality of life for the armed services to agreement, and I commend my col- Senator WARNER for his efforts on the protect our vital national security in- leagues, particularly Senator STEVENS committee, and all of those who have terests? Or is the administration pre- and Senator INOUYE, for their great played a critical role in ensuring that pared to come clean and ask for the work on this measure. our submarine fleet will continue to be money up front? I am particularly pleased that an im- the finest in the world, that our sailors Finally, I offer these thoughts. All of portant provision in the conference re- will go forth with the best ships in the us in this body, and I know President port is language which will allow New- world and that with their service and Clinton, Secretary of State Albright, port News and Electric Boat, this coun- these ships we will continue to protect Secretary of Defense Cohen, all of us, try’s only two manufacturers of sub- America and defend our principles. desperately want lasting peace in marines, to team together to design I thank the Senator for the time. I Bosnia—all of our allies as well. We and build the next generation of attack yield back the remainder of my time. want the killing to stop. We have submarines. Without this language, The PRESIDING OFFICER. Who stopped the killing. We want stability these shipyards and our submarine pro- yields time? in that part of the world, permanent gram could be endangered. With this Mr. COATS. Mr. President, I think peace and permanent stability. But language, however, we will continue to under the previous order I am to be wishing it does not make it so. build the Navy’s most valuable weapon, recognized for 15 minutes. Richard Grenier, writing for the a silent and very effective submarine. The PRESIDING OFFICER. The Sen- Washington Times put it this way: Work will commence on the new attack ator from Indiana has 15 minutes under Generally speaking, Serbs didn’t love submarines, which will boast great the previous order and is recognized. Croats, Croats didn’t love Serbs, nor do ei- stealth and great strength with ad- Mr. COATS. Mr. President, I rise to ther of them love Muslims. Reciprocally, vanced war-fighting capabilities, yet address this question of the defense ap- Muslims love neither the Croats or Serbs. will be smaller, more flexible and more propriations bill with some degree of What happened to the lessons we are sup- cost effective. disappointment. posed to have learned in Beirut and Somalia? This teaming agreement will pre- First of all, I am disappointed that What happened to our swearing off mission serve America’s vital submarine indus- an appropriations bill is going to be creep? But here we go again in Bosnia. Once try base, which encompasses over 3,000 passed out of this Congress ahead of again, our goal was at first laudably humani- high-technology companies in 44 the authorization. That is not the way tarian: to stop the killing. But it expanded States. This conference report brings it is supposed to work. It renders much as we thought how wonderful it would be if us one step closer to ensuring that the of the work done by the authorization we could build a beautiful, tolerant, multi- United States continues to maintain committee this year of no effect in ethnic Bosnia on the model of American the finest submarine force in the world. some of the critical areas. I do not multiculturalism. Since the first day I arrived in Con- blame the Appropriations Committee, I respond. The Bosnian situation is gress, there has been a strong debate however. There are 4 days remaining complex. It is shrouded by centuries— over the future of the U.S. naval sub- before the end of the fiscal year. The centuries—of conflict that only a few marine program. There are those who clock is ticking. Senate Armed Serv- understand. What we have seen in re- believe that the era of the submarine ices and the House didn’t get the job cent months is a lull in the fighting, ended with the end of the cold war. But done in time, and the Appropriations not the end. It is a fragile ‘‘peace,’’ a majority of my colleagues and I be- Committee was patient in giving us held together only by a continued pres- lieve that our submarine fleet needs to that time. I regret that we were not ence of military force. How long can be maintained and modernized and that able to get our authorization act to- that continue? Are we prepared to pay it will serve us as well in the future as gether. So I am not here to condemn the price? it has in the past. the Appropriations Committee. This week, National Security Adviser In a time when the mission of our I do, however, want to express my Sandy Berger said the United States armed services is constantly changing disappointment, sincere disappoint- must remain engaged in Bosnia beyond and a threat could emerge anywhere in ment, that as chairman of the Air and June of this year but that continued the world, we need such flexibility. I Land Subcommittee the actions that American troop presence has not yet think it is fitting to note the com- we have taken in the Senate Armed been decided. It is time to decide. ments of our respected Chairman of the Services Committee to address the Now, compare that statement with Joint Chiefs of Staff, Gen. John question of TACAIR and where we are the advice of former Secretary of Shalikashvili, on the eve of his retire- going in the future were forfeited in State, Dr. Henry Kissinger, who wrote ment. General Shalikashvili said, the negotiations with the House; that just this week: ‘‘Submarines are an integral part of the Senate deferred to the House posi- America has no national interest for which U.S. global influence and presence. tion particularly on the issue of F–22 to risk lives to produce a multiethnic state Their stealth and endurance provide funding, and I want to discuss that be- in Bosnia. the unified commander enormous capa- cause there are consequences, I believe, Mr. President, no more drift. No bilities across the full spectrum of con- to that decision. more drift. It is time for candor, for flict.’’ First, a little bit of history. honesty and clear purpose. Let the de- I believe that the provisions in this Our committee withheld approxi- bate begin. defense appropriations agreement indi- mately $500 million in development and September 25, 1997 CONGRESSIONAL RECORD — SENATE S9943 advanced procurement funds, and I program without some accountability? In short, less than 2 years ago, the want to state the reasons why we did The issue is the viability of the F–22 Senate was being told the program was so. It was not done on a whim. It was program, and it is exactly because of on track, no problems. Now in 1997, we not done on a number picked out of the the high priority of the F–22 that we held hearings and surfaced still yet air. It was done as a result of a process need to send a powerful message to the other concerns about the F–22’s transi- of our methodical oversight of the F–22 Air Force and to the contractors that tion from this engineering, manufac- program that dates back at least to the the Senate is watching, that we are turing and development phase to pro- 103d Congress. watching the restructuring, and we are duction, based on what one witness Here are the facts. The F–22 program watching for schedule slippage, and we calls an ‘‘event driven program that as we speak today is approximately $2.2 are watching for cost overruns. It is ensures that key production criteria billion over budget for development time to hold F–22 to a realistic level of are met as a prerequisite for produc- alone. There is speculation that F–22 accountability. It is time to end the tion decisions.’’ That gave us some as- production could also run several bil- promises of performance and cost con- surance. Correspondingly, the Senate lion dollars over program estimates. In trol and instead focus on results. We do then included in the 1997 National De- fact, in just the last 2 years, the Air so because we want to protect the F–22. fense Authorization bill a requirement Force has cut the number of aircraft to We want it to be a viable program, and that the Department of Defense under- be bought in the next 6 years from 128 we do not want it to go the way of take a cost analysis and report on their to only 70, and yet there has been no other programs that have not been held events-based decisionmaking criteria. decrease in program costs to the tax- accountable. We took them at their word. We said payer or money freed up for Depart- So, therefore, I regret deeply that the fine, give us a report. Within the last ment of Defense expenditures in other Senate yielded to the House, that we year, the Air Force commissioned a areas. Yet we have not been told by the were not able to get the authorization Joint Evaluation Team which con- Air Force or the contractors how the approved, that we yielded to the House cluded that the F–22 development pro- F–22 program got to be in this situa- in the appropriations process and we gram was $2.2 billion over cost, and tion. are simply giving the Air Force and that much more time would be needed Those of us on the Armed Services giving the contractor exactly what for testing. This was the first time that Committee felt it was time to defini- they asked for without any expla- we had been notified that the F–22 was tively put this program on notice, and nations, without any details, and with- in trouble, despite numerous years of that is what we attempted to do. out any accountability features built hearings and reports back from the Air Now, Mr. President, I say that as a in. Force. So, based on this information supporter of the F–22. I think it is fair Let me explain a little bit about why the committee held—I chaired—two ad- to say our committee is a strong sup- the Armed Services Committee’s ac- ditional hearings in 1997, on tactical porter of the F–22. I have visited pro- tions on the F–22 are good policy. aviation. And we learned then that the duction facilities and engine facilities In the National Defense Authoriza- Air Force canceled four preproduction for the F–22. It is a leap ahead in tech- tion Act for fiscal year 1995, the Senate vehicles that it previously indicated nology. It lays the basis for our crucial requested the Department of Defense were a key to the program going for- joint strike fighter program. It will and the General Accounting Office as- ward. And then it took that money, give us air dominance in the future. sess and provide us a report on the de- $700 million, and put it back into devel- Had I thought that the actions we had gree of concurrency—that is the test- opment. This action, to infuse hun- taken in any way jeopardized further ing-while-you-are-buying process that dreds of millions of dollars into devel- development of the F–22, I would not goes on sometimes in these programs; opment, was taken by the Air Force have considered them. you are buying the planes at the same again without specifying how the pro- But to those who have argued that time you are testing them; many of us gram had been changed, identifying we must fully support the F–22 air would argue that you need to test first cost-control measures, and describing dominance fighter because it is the No. and make sure that what you are buy- the level of risk that remains. They 1 procurement priority of the Depart- ing is what you think you are buying— have not told us how the program got ment of the Air Force without any and we asked them for this report on in this shape. They have only told us questions, without any reservations, risk, also. In April 1995, we received that they have found the funds to fix without any reports, without any those reports and the Department of it. They found the funds to fix it by event-based decisionmaking, I think Defense report concluded, just a little canceling four preproduction aircraft, those people are missing the point. over 2 years ago, ‘‘there is no reason, thereby jeopardizing a necessary step They are missing the point of the con- based upon risk/concurrency consider- testing for most development pro- sequences of doing so and the con- ations to introduce a program stretch grams, which they say now is not nec- sequences to other systems. at this time.’’ So we thought, fine, ev- essary, and taking that money and Let me also say that I, in addition to erything is on track. pumping it into engineering and manu- supporting F–22, I support the impor- At the same time the GAO conclude facturing development. tance of air dominance as a joint that the F–22 program involved consid- They also promised that event-based warfighting capability. But, we have to erable risk and that there may be ad- decisionmaking would keep the F–22 remember that the F–22 is just one verse consequences from concurrent program on track. We asked them to piece of the Department of Defense development and production. Further- report on this aspect of the program. TACAIR recapitalization strategy. We more, they felt the need for the F–22 The Air Force said it would give us a are acting like it is the whole thing. program ‘‘is not urgent,’’ it quoted, report on it. They did. That report, 6 As a matter of fact, the Navy’s F/A– based on the threat and viability of the months late: 18 words. Here is the Air 18EF is the Navy’s No. 1 priority, and F–15 program. Force report. Specific exit criteria: the Marine Corps has placed its prior- Then we went into 1996. We held First EMD aircraft first flight complete. ity on the joint strike fighter yet to be hearings. In those hearings surfaced Complete engine initial flight release. developed. So we are looking to bal- additional concerns about the level of Air vehicle interim production readiness ance our approach in joint warfighting concurrent production and develop- review complete. capability across the full spectrum of ment, projected F–22 weight and spe- What does that tell us? This is the re- military operations. If the F–22 pro- cific fuel consumption. We came back port that it took them 6 months to put gram is not brought under control, it in the National Defense Authorization together to respond to what we asked will severely jeopardize a prudent bal- Act for 1996 to, once again, require the for, what we thought was legitimate? ance in TACAIR recapitalization. Department of Defense to respond to 21 Furthermore, each of these three So the issue before us is not support specific questions. And they did re- events were supposed to have been for the relative priority of the F–22 spond and indicated, again, that the completed before the fiscal year even program. The issue before us is, does level of concurrency in the program started. What kind of confidence does that support imply that we should was acceptable using departmental that provide, for a program with nearly blindly throw billions of dollars at the risk criteria. $20 billion in development and well S9944 CONGRESSIONAL RECORD — SENATE September 25, 1997 over $40 billion in procurement? We are treating the F–22 like we did the B–2, appointed that we have lost that oppor- talking about $60 billion here. Con- producing far fewer than we need but tunity with this action. sequently, the Senate Armed Services only what we can afford, and then we We should all ask ourselves whether Committee came to the conclusion have an inadequate tactical air pro- the F–22 program would benefit from a that, if tactical air modernization is gram for the future. Also, we could lose similar policy from this body. going to be viable in the future from support for the next aircraft carrier, The PRESIDING OFFICER (Mr. both a technical perspective and the the CVN–77. In fact, I believe it’s the BRAHAM). The time of the Senator has perspective of affordability, that we advanced procurement for the smart- A had to take some action now in the F– buy initiative that was to save tax- expired. 22 program to achieve and ensure per- payers $600 million on this carrier that Mr. DOMENICI. Mr. President, the formance and cost-control goals. was taken by the appropriators to fund pending conference report accompany- Therefore, I recommended to the Sen- the F–22. We may not get that carrier. ing H.R. 2266, the Department of De- ate, and the Senate agreed, that we not Third, we may lose the Joint Strike fense appropriations bill, provides permit the infusion of an additional Fighter. We cannot consider throwing $247.7 billion in new budget authority $420 million into F–22 research and de- more money at three TACAIR pro- and $164.7 billion in new outlays for De- velopment until we understand how grams, given the low levels of procure- partment of Defense programs for fis- this program came to be in this present ment for land and sea systems. F–22 cal year 1998. condition. cost growth cannot be permitted to eat When outlays from prior-year budget Some people are going to argue that the lion’s share of the funding pie. The authority and other completed actions these actions are too severe. But I Navy is absolutely counting on the are taken into account, the final bill think it is just the opposite. We believe Joint Strike Fighter to complement totals $247.7 billion in budget authority the actions that we have taken help to the F/A–18E/F. The Marine Corps has and $244.4 billion in outlays for fiscal ensure the program’s success. Remem- put their entire TACAIR future solely year 1998 ber, this is just the development phase in the hands of the Joint Strike Fight- This legislation provides for military and it is more than $2 billion over er. If the Joint Strike Fighter does not pay, procurement, research and devel- budget. It was not that long ago that come through on time, then we are opment, operations and maintenance, then Secretary of Defense Cheney can- going to have to radically rethink and various other important activities celed the Navy A–12 program because it whether or not there will even be Ma- was $1 billion over cost. Now we have a of the Department of Defense and the rine Corps TACAIR in the future. U.S. military services throughout the plane more than $2 billion over cost. We all know that from a political world. This bill provides for the readi- I have deep concern over whether we standpoint there will not be a Joint ness, current, and future weapons sys- can maintain continuing support po- Strike Fighter if we cannot control the litically for the F–22 program here in F–22 cost. This places the Navy and the tems, and all the other necessities of Congress, and with the American peo- Marine Corps in deep jeopardy. our national defenses—except for mili- ple, if we cannot adequately address Finally, continued F–22 cost growth tary construction and Department of these cost overruns and explain to the could rob funds from other key Air Energy atomic energy defense activi- American people that we are taking Force modernization initiatives, ties—that enable our Armed Forces to prudent steps to make sure that this whether they be TACAIR, strategic air- protect U.S. national interests at home does not continue. The steps that we lift, or the communications and intel- and abroad. It is certainly one of the have taken are not designed to put the ligence programs which the entire joint most important pieces of legislation program in jeopardy. They are designed force will have to rely on for informa- that Congress passes each year. to save the program. They are designed tion superiority in the 21st century. The spending in this conference re- to demonstrate that we recognize there In short, we need to be confident and port falls within the revised section are problems and we must hold the ensure ourselves that the F–22 program 302(b) allocation for the Defense Appro- contractors accountable. is under control. We don’t know how priations Subcommittee. I commend We are told the Air Force and the else to get their attention. I found that the distinguished chairman, the Sen- contractors have this agreement. They the best way is to say: No performance, ator from Alaska, for bringing this bill don’t have an agreement. All they have no money. to the floor within the subcommittee’s said is that they have agreed to agree; No, Mr. President, we did that some revised allocation. time back. We were confronted with a they have agreed to agree that there The bill provides important increases very similar cost and performance will not be any more cost overruns, over the President’s request for 1998. It that they will deliver on time. And I problem with the development of the is fully consistent with the bipartisan pray and hope—and maybe have some C–17—a marvelous airplane, but they budget agreement that the President confidence—that they can do that. But could not get their act together. So we and Congress concluded earlier this the agreement has not been negotiated. told the manufacturer you either come year. I urge the adoption of the con- It is not in print. It does not have sig- in at cost or you are not going to build- ference report. natures on the bottom line. And until ing more planes. As a result, there was it does, I think it is reasonable to with- a huge banner erected in the produc- Mr. President, I ask unanimous con- hold some funds so we know that those tion plant, which said, ‘‘Build 40 at sent that a table displaying the Budget agreements are going to be guaranteed cost, or no more.’’ Guess what, they Committee scoring of the conference and performed. built 40 at cost and now we have a report be placed in the RECORD. What is in jeopardy if the F–22 does multiyear procurement of 120 C–17’s. There being no objection, the table not get on track? I suggest four very This is a success story because Con- was ordered to be printed in the important things. We may end up gress held the line, and I am dis- RECORD, as follows: H.R. 2266, DEFENSE APPROPRIATIONS, 1998—SPENDING COMPARISONS—CONFERENCE REPORT [Fiscal year 1998, in millions of dollars]

Defense Nondefense Crime Mandatory Total

Conference Report: Budget authority ...... 247,485 27 ...... 197 247,709 Outlays ...... 244,167 31 197 ...... 244,395 Senate 302(b) allocation: Budget authority ...... 247,485 27 197 ...... 247,709 Outlays ...... 244,232 31 ...... 197 244,460 President’s request: Budget authority ...... 243,700 27 ...... 197 243,924 Outlays ...... 243,874 31 ...... 197 244,102 House-passed bill: Budget authority ...... 248,111 27 ...... 197 248,335 Outlays ...... 244,527 31 ...... 197 244,755 Senate-passed bill: Budget authority ...... 246,988 ...... 197 247,185 September 25, 1997 CONGRESSIONAL RECORD — SENATE S9945 H.R. 2266, DEFENSE APPROPRIATIONS, 1998—SPENDING COMPARISONS—CONFERENCE REPORT—Continued [Fiscal year 1998, in millions of dollars]

Defense Nondefense Crime Mandatory Total

Outlays ...... 244,185 7 ...... 197 244,389 Conference Report compared to: Senate 302(b) allocation: Budget authority ...... Outlays ...... ¥65 ...... ¥65 President’s request: Budget authority ...... 3,785 ...... 3,785 Outlays ...... 293 ...... 293 House-passed bill: Budget authority ...... ¥626 ...... ¥626 Outlays ...... ¥360 ...... ¥360 Senate-passed bill: Budget authority ...... 497 27 ...... 524 Outlays ...... ¥18 24 ...... 6 Note: Details may not add to total due to rounding. Totals adjusted for consistency with current scorekeeping conventions.

Mr. DORGAN. Mr. President, I rise to major arms control agreement will these service members for their losses speak in strong support of the Defense help us achieve greater strategic sta- despite the fact that they lived off appropriations conference report, bility. But we should not throw away base. The bill makes available up to which the Senate is now considering. bargaining chips before the Duma acts $4.5 million of the funds already avail- The distinguished chairman and the to approve START II. able to the Department of Defense for distinguished ranking member, Sen- AIR BATTLE CAPTAIN paying claims. ators STEVENS and INOUYE, working In another area of interest to my Let me assure my colleagues that with our House counterparts, have State, this bill provides $450,000 for the section 8120 supplements private insur- done a remarkable job in fashioning a Air Battle Captain Program at the Uni- ance and benefits provided by the Fed- truly balanced bill that will meet our versity of North Dakota’s Center for eral Emergency Management Agency. Nation’s security needs for the 21st Aerospace Sciences. Most importantly, Air Force practices and FEMA regula- century. I would like to salute Sen- report language accompanying the bill tions prohibit duplication. Service ators STEVENS and INOUYE for their also directs that the program continue members with private insurance will leadership and skill in balancing the to accept new students. The Air Battle have to file claims against that insur- competing needs of our Nation’s mili- Captain Program trains helicopter pi- ance before the Air Force will pay tary. lots for the Army efficiently and cost claims under this provision. I also would like to thank the chair- effectively, and most of its graduates LEADERSHIP AND HARD WORK man and ranking member for working with me to address some Defense issues have gone on to become Army aviators. Mr. President, none of these aspects that are of a very high priority to When the graduates reach Fort Rucker, of the bill would have been approved by North Dakota. Let me just highlight they arrive as commissioned second the Senate or would have survived con- some of these matters. lieutenants and are able to forego the ference with the House were it not for primary flight training, thus enabling the support and leadership provided by B–52 BOMBERS the Army to assign them to combat the distinguished chairman of the sub- First, this Defense spending bill pro- units 8 months ahead of their contem- committee, Senator STEVENS, and the vides an additional $57.3 million above poraries. distinguished ranking member, Sen- the administration’s budget request to ator INOUYE. I would like to acknowl- fully fund our Nation’s fleet of B–52 FLOOD RELIEF edge their willingness to help in these bombers. My colleagues will recall that As my colleagues will recall, this areas and to thank them for their as- we deployed 66 B–52’s during Operation spring the Red River Valley suffered its sistance. Desert Storm, and that these planes worst flooding in recorded history. Let me also take this opportunity to dropped 40 percent of the ordnance When the water finally won, a 500-year put in a good word for the hard-work- dropped by allied forces during the Per- flood emptied Grand Forks, ND, a city ing staff of the Defense Appropriations sian Gulf war. Yet the administration of 50,000 people, and sent 4,000 residents Subcommittee. My thanks and con- has consistently recommended sending to the Grand Forks Air Force Base for gratulations go in particular to Sen- 23 of these valuable planes to the bone- shelter. Many of the base personnel ator STEVENS’s able lieutenant, staff yard. I am pleased that the bill now be- who fought the flood for weeks, and director Steve Cortese, and to Charlie fore us specifically rejects that sugges- who hosted evacuees when the flood Huoy, who handles these issues for tion. water breached the dikes, were them- As those who fly B–52’s out of Minot selves flood victims. Over 700 military Senator INOUYE. And I am also grateful Air Force Base know, the B–52 is a personnel were forced to evacuate dur- for the skilled efforts of Susan Hogan, highly capable bomber, one that can ing this disaster. And 406 service mem- John Young, Mazie Mattson, and continue to contribute to our national bers have suffered losses to personal Emelie East. defense through at least 2030. Nearly property, including 95 families whose I urge my colleagues to support this every part of the B–52 has been re- homes were extensively damaged. conference report. Thank you, Mr. placed or modernized, and we have This Defense appropriations bill en- President. I yield the floor. spent over $4 billion in recent years to sures that these personnel will not be BOSNIA POLICY upgrade and update these planes. The victims of unintended discrimination Mr. BYRD. Mr. President, the Presi- B–52’s that entered service in the 1960’s as well as flooding. dent’s National Security Advisor, Mr. still have only about one-third of the If these service members had lived on Sandy Berger, two days ago made an flight hours of the average 747 now in base, they would be eligible to file a important statement on U.S. policy to- commercial service. claim with the Department of Defense ward Bosnia, in particular the question If we were left with 71 B–52’s, only for losses incident to service. The Air of keeping United States’ ground forces about 44 of the aircraft would be com- Force pays such claims pursuant to in the region beyond June of 1998, in bat-coded, making it impossible for us section 3721 of title 31 of the United order to keep the peace in an area to repeat the B–52’s gulf war perform- States Code. But as the law now where political reconciliation has ance in any future regional conflict, stands, military personnel living off lagged behind the actual military sepa- much less hold some in reserve for a base are not eligible to file such ration of the opposing forces. It is not second regional conflict or a nuclear claims, even though they are stationed surprising that political, economic and role. at Grand Forks Air Force Base as a re- social reconciliation would proceed at Lastly, to retire strategic bombers sult of their military service. a pace commensurate with the levels of would reduce Russia’s incentives to Section 8120 of the bill would simply extensive brutality and violence which ratify the START II Treaty. This permit the Air Force to reimburse characterized the Bosnia conflict prior S9946 CONGRESSIONAL RECORD — SENATE September 25, 1997 to the introduction of U.S.-led NATO the new attack submarine. In sum, we Mrs. HUTCHISON. Mr. President, I forces two years ago. In what might be have two fine shipyards working to- thank the chairman, Senator STEVENS, characterized as a trial balloon, Mr. gether overall to decrease the cost to and Senator INOUYE, for producing a Berger stated, according to the New taxpayers even while they compete on defense appropriations bill that will York Times of yesterday, September sub-systems to ensure continued tech- fund the defense needs of our country. 24, 1997, that the ‘‘international com- nological advancement. It will create a quality of life improve- munity’’ will be required to ‘‘stay en- On a related matter, I’m heartened to ment for those who are serving in our gaged in Bosnia in some fashion for a see that this report provides funding to military, and it will give us, to the ex- good while to come.’’ complete the Seawolf submarine pro- tent that we can, the equipment that The question is for how long should gram. This building program has clear- we need for our young men and women the United States remain while expend- ly undergone radical changes as a re- to do this job. ing billions of defense dollars and risk- sult of the end of the cold war. At one I want to point out particularly one ing the erosion of U.S. readiness by point, this nation expected to build 30 part of this bill that I think is a major tying our forces down in Bosnia? The Seawolf-class submarines and now that step for this Senate and for our coun- problem, as I see it, is that our Euro- number has been reduced to just 3 in try. That is the part that provides for pean partners have said that they will favor of the less-costly new attack sub- a cutoff of funds for the Bosnia deploy- not remain on the ground in Bosnia un- marine. So this Nation has already ment after June 30, 1998, unless the less the United States does, and when throttled back in terms of its sub- President comes to Congress 45 days we leave, they will. I find this to be a marine plans; now it’s time to move before that time and shows us exactly very unreasonable position, in that forward with our new plan. why he would want to extend the Bosnia is not paramount in the vital This conference report also increases forces, how much it would cost, what it interests of the U.S., and at some point the number of Blackhawk helicopters is going to do—what the mission is, our European allies should consider to 28, 10 more than the President re- and what the exit strategy is. This is taking the responsibility for acting as quested. And it asks for two navy CH– what we have been asking the Presi- the military security force in that Eu- 60 helicopters as well as advance pro- dent for, for 2 years. ropean country. This is not to say that curement money for that Navy version When we started this deployment the U.S. could not provide continued of the Blackhawk. These additional over the objections of many of us in logistical, intelligence, and other sup- aircraft reveal once again that the this Congress, it was for 1 year, from porting roles while the Europeans take Blackhawk is this Nation’s most capa- November 1995 to November 1996. Then their turn at bat in Bosnia. ble helicopter. Derivatives of this heli- the continuation came with very little I call the attention of my colleagues copter are at work for nearly every consultation from Congress, certainly to the provision in the Department of branch of the U.S. Armed Forces as no previous consultation, and we start- Defense conference report, Section 8132 well as 15 foreign countries. As capable ed in January 1997 until now; it was set which requires the President to certify, and versatile as these helicopters are, for June 1998. But even today the New by May 15, 1998, his intentions regard- however, National Guard adjutant gen- York Times editorialized, ‘‘Still No ing keeping our forces in Bosnia on the erals throughout the country remind Exit Strategy on Bosnia.’’ ground beyond June 30, 1998. The cer- us year after year that they do not Congress is saying to the President, tification must include the reasons for have enough. In fact, a conservative we want to see an exit strategy. Many the deployment, the size and duration reading of the numbers reveals that the of us are concerned that we are drifting of the deployment, the missions of our National Guard has a shortfall of over into a potential commitment that we military forces, the exit strategy for 400 Blackhawks. Meanwhile, the pro- do not understand, that the American our forces, the costs of the deployment, duction line for these aircraft will shut people do not understand. They do not and the impact of it on the morale, re- down in a couple of years. The plan for see a need for it because they don’t see tention, and effectiveness of U.S. coping with that shortfall is to rely on the strategy. It seems, if you are look- forces. This is a very good, very com- Vietnam-era UH–1 helicopters as we ing at Bosnia, that the military mis- plete provision, and it will trigger a de- move into the next century. Frankly, sion is to keep the parties apart. But bate, as it should, in this body, regard- as the National Guard stands at the the political mission is to bring them ing the future policy of the United front line of defense against devastat- together, perhaps bring them together States in Bosnia. ing natural disasters, they deserve bet- prematurely. Mr. DODD. Mr. President, I rise ter. I hope the President’s next budget I have been to the Balkans six times. today in support of the Defense Appro- request reflects their requirements. I was there in August. I walked on the priations conference report. First, I’d On a brighter note, this committee streets of Brcko. I talked to the Serbs. like to recognize Senator STEVENS and made the tough decisions between mod- I talked to the Muslim residents. I Senator INOUYE for the fine work they ernizing military equipment and cut- asked them if they were helping each did in working through the conference ting costs. I was glad to see that the other move into the neighborhoods to issues with their House counterparts. I committee agreed with the Defense De- bring the refugees back. They acted think that after this vote, it will be partment’s requests for the C–17 cargo like the others weren’t there. They are clear that the vast majority of this aircraft, the F–22 program, and the not helping each other. They are not body supports the balance this report emerging Comanche helicopter pro- ready for this move. If we are going to strikes between the changing needs of gram. These prudent decisions in sup- try to continue to force this resettle- our Armed Forces and the constraints port of cost-effective programs will ment, is it an inherently peaceful imposed by necessary spending reduc- provide vital support for our military move? Or are we disrupting the peace tions. forces well into the 21st century. that we would like to put into Bosnia I felt that the conferees made the Finally, Mr. President, let me con- today? right decision by endorsing the sub- gratulate the conferees on completing Mr. President, I think what this bill marine teaming agreement. That en- this bill, the largest of the 13 appro- does is say, once and for all, we are dorsement ends the costly battle be- priations bills, before the end of the fis- going to have consultation. We are not tween our two submarine builders, cal year. There was a lot of hard work going to allow a mission creep, such as saves the taxpayers money, and pre- in negotiations that allowed this bill to we have seen in Somalia. We are not serves competition in the research and move forward and I’m sure that this going to allow a mission creep, such as development phase of submarine build- body and the Nation appreciates their we have seen in Vietnam. We are not ing. While some oppose this plan, no efforts. going to allow our young men and one argues the point that this agree- Mr. STEVENS. Mr. President, I have women, who are serving in Bosnia, to ment will save the Navy hundreds of 8 minutes, roughly. I yield 4 minutes to give their lives before we have a policy millions of dollars over the building the Senator from Texas. in this country about what our mission plan contained in last year’s bill. Fur- The PRESIDING OFFICER. The Sen- is there. We are going to do it, I hope, thermore, this plan maintains competi- ator from Texas is recognized for up to in the light of day, taking into consid- tion for new ideas on how to improve 4 minutes. eration what the U.S. security interest September 25, 1997 CONGRESSIONAL RECORD — SENATE S9947 is, what it is going to cost us, what our meant to do was give the Bosnians a year to soon have spent well over $7 billion to relationship is to our allies. build the peace outlined at Dayton. As that deploy U.S. troops. Mr. President, that These are the questions we must ad- one-year deadline approached, the White is more than a threefold increase. With dress before we put our young men and House gave the original mission a new name the language included in the bill before and extended if for 18 months. Now, as the women into a mission that has no end. Administration seems to be preparing for yet us today, the administration will now So, Mr. President, I commend the another extension, Congress may have to have to be much more clear about the leaders of the armed services and De- force it to show that fundamental American potential costs of continuing deploy- fense Appropriations Subcommittee. I interests require a continued military pres- ment in the region. I think this is vi- am on that subcommittee. Under the ence in Bosnia. tally important so that we, the Mem- leadership of Chairman STEVENS and The two strongest arguments for staying bers of the U.S. Congress, and the are the persistence of deadly hatreds that cochairman, Senator INOUYE, with Sen- American people we represent will could spark renewed hostilities once outside ator PAT ROBERTS, with Senator RUSS troops withdraw and the statements by var- have a better idea of the financial im- FEINGOLD, we are trying to fashion a ious European governments that once Amer- plications of a mission that I feel has policy that the American people will ican troops depart, their troops will be with- already gone on much too long with agree is the right policy for our coun- drawn as well. But the irresponsibility of too little to show for it. try. Bosnian fractional leaders and European al- Because of my concerns about this Mr. President, I ask unanimous con- lies should not push Washington into an ex- mission, concerns which I have detailed sent that the New York Times editorial panded definition of America’s own vital in- on the Senate floor many times before, terests. I have joined with the Senator from be printed in the RECORD. The United States has all along had a lim- There being no objection, the edi- ited interest in Bosnia, consisting mainly of Texas [Mrs. HUTCHISON] in developing a torial was ordered to be printed in the preventing the slaughter of civilians and pre- Senate Bosnia Working Group. She and RECORD, as follows: serving the unity and effectiveness of the I both feel that it is time to think STILL NO EXIT STRATEGY ON BOSNIA NATO alliance. Beyond that there are some about what policy alternatives we may desirable goals, like bringing war crimes sus- Having already stretched America’s troop have with respect to U.S. involvement pects to trial and allowing refugees to return commitment in Bosnia from 12 to 30 months, in the Balkans. to their homes. These warrant strong diplo- the Clinton Administration has begun an ef- The compromise language arrived at matic exertions, supplemented, at least fort to prepare public opinion for the possi- by the conferees, while perhaps not as through June, by carefully planned military bility of an even longer stay. That is the way actions. There is a lot NATO troops can still strong as I would have liked, hopefully to read Samuel Berger’s speech at George- do in this regard before their currently represents a first step toward the de- town University on Tuesday, when he linked scheduled withdrawal date. velopment of a policy that we can all the duration of American involvement to a Building a united and peaceful Bosnia is be more comfortable with. notably ambitious set of policy goals. Mr. ultimately up to the people of Bosnia. Polic- So Mr. President, I thank all the con- Berger, the President’s national security ad- ing Europe in the absence of acute threats viser, is too hasty. Instead of managing the ferees for their efforts in this area. like shooting wars is primarily the respon- The PRESIDING OFFICER. Who public relations of a longer stay, he should sibility of European nations themselves. If be using the time to try to produce a work- yields time? the Bosnians will not work together and the Mr. STEVENS. Mr. President, I yield able exit strategy by the June deadline. Europeans will not shoulder greater security Everyone wants to unified, democratic and responsibilities on their own, the breach can- the Senator from Virginia 4 minutes, prospering Bosnia. But Congressional Repub- not be filled indefinitely with American but I might say, Mr. President, to the licans are right to warn that American sol- troops. Senator from Arizona, we thought he diers cannot remain deployed until that goal Mr. FEINGOLD. Mr. President, I might proceed first. If he doesn’t use is fully achieved. What was regrettably ab- sent from Mr. Berger’s speech was any sense would like to join the Senator from all his time, there will be more time of driving toward departure. It is clear from Texas [Mrs. HUTCHISON] in highlighting for us. the speech that Mr. Berger and Secretary of the provisions in Department of De- Mr. MCCAIN. Mr. President, I thank State Madeleine Albright plan to spend the fense appropriations bill, as agreed to Senator STEVENS and Senator INOUYE. time between now and June urging President in conference, concerning the deploy- I have the usual objections. One of Clinton once again to push back the with- ment of United States troops in them is particularly egregious: $250,000 drawal deadline. Bosnia. to transfer commercial cruise ship Lack of an exit strategy has been a con- The conferees agreed to include—in shipbuilding technology to U.S. Navy sistently troubling omission ever since Mr. legislative language—a provision that shipyards and to establish a monopoly Clinton first sent American troops into Bosnia at the end of 1995. On Tuesday, Ad- stipulates that no funds may be made for a single cruise line in the Hawaiian ministration officials spoke about the need available for the deployment of United Islands, for which there is a competitor to begin planning by February for the next States ground forces in Bosnia after already who wants to compete there. phase of military involvement. By our cal- June 30, 1998—a date the President The people who tour the Hawaiian Is- ender it is still September, and such a focus himself has specified—unless the Presi- lands and who live there are going to on the hypothetical future is premature. The dent submits to the Congress a certifi- pay for that. I find it regrettable. Administration has nine months to clarify cation that the continued presence of Mr. MCCAIN. Mr. President, the ef- the specific military talks that need to be our troops is necessary to protect our fects of over 10 years of cuts in defense accomplished before Bosnia is secure enough to allow a full American withdrawal. Sen- national security interests. In this cer- spending are being acutely felt by the ator Kay Bailey Hutchison speaks for many tification, the President will have to men and women who serve in uniform. Republicans and, no doubt, a number of justify for the Congress and the Amer- Enough has been said on this floor Democrats when she warns the White House ican people the reasons for such deter- about issues like pilot retention, main- that without such an exit strategy, Congress mination and specify details concern- tenance backlogs and modernization will fight any extension requests. ing the deployment. These include: the problems all caused by the confluence Common sense argues against igniting a number of military personnel to be de- of declining resources and high oper- renewed war in Bosnia by precipitously with- ployed, the expected duration of the de- ational temmpos that I will not dwell drawing NATO troops. We readily concede that withdrawal deadlines cannot be set in ployment, the mission and objectives on them here today. Suffice to say, I cement without regard to protecting the of the deployment, and the exit strat- applaud the decision by Congress to progress that has already been made. Future egy for the U.S. forces who have been add $3.6 billion to the amount allocated events could even warrant an extended pres- deployed. for national defense reflected in the ence. But the Administration is tilting the But most importantly, Mr. President, legislation before us today. The defense wrong way, and the current mindset of Mr. President Clinton will have to detail appropriations bill rightfully addresses Clinton’s foreign-policy team suggests that the costs associated with any deploy- some of these problems with funds it will not discover a way out in the absence ment after June 30, 1998. This is per- added during congressional budget ne- of a Congressional revolt. haps the most troubling aspect of our When Mr. Clinton first proposed sending gotiations earlier this year. American troops to Bosnia, skeptics argued involvement in Bosnia. After originally The examples of waste, as usual, are that guaranteeing full respect for the Day- being told that the mission would cost many. I’m not sure whether I should be ton peace agreements could take decades. the American people some $2 billion, nervous about an imminent threat to The Administration countered that all it recent estimates indicate that we will our national security from another S9948 CONGRESSIONAL RECORD — SENATE September 25, 1997 solar system or galaxy. What or who is together and do what they’re already Technology irrespective of cost relative to out there that warrants over $3.5 mil- doing in Department of Defense doc- civilian institutions. lion in unrequested funds being added trinal and warfighting centers and re- Section 8109 earmarks $250,000 to transfer commercial cruise ship shipbuilding tech- to the defense budget for the Sac- search institutes all over America? nology to U.S. Navy shipyards and estab- ramento Peak Observatory and the Perhaps our counterparts in the House lishes a monopoly for a single cruise line in Southern Observatory for Astronom- where I understand this program origi- the Hawaiian islands. ical Research? I am cognizant of the nated have lost sight of why they are Section 8130 earmarks $3 million for estab- very real risk that Earth may someday here. lishment of a ‘‘21st Century National Secu- be threatened by a comet or asteroid, I do not know why the defense appro- rity Study Group’’ [NOT IN EITHER BILL] Section 8131 establishes another panel to but this is a problem already receiving priations conference report includes $5 review the requirement for B–2 bombers, ample attention from the scientific million to expand the North Star Bor- with an appropriation of unlimited funds as community using other federal and pri- ough Landfill; $20 million not re- requested by the panel members. vate dollars. I question whether we quested by the Defense Department for REPORT LANGUAGE should be using defense dollars to fund an integrated family of test equipment; $5 million is earmarked for the expansion these observatories. $50 million—$50 million—for an Indus- of the North Star Borough Landfill. I have to confess to also being con- trial Modernization program to assist The Department of the Air Force is cerned about the increasing amount of in the commercial reutilization of gov- ‘‘urged’’ to work closely with the William defense dollars being earmarked for ernment industrial complexes no Lehman Aviation Center at Florida Memo- rial College. medical research programs despite the longer used by the government. Local $50 million is earmarked for projects and fact that the National Institutes for government and chambers of commerce programs to convert former government fa- Health exists precisely to perform such have been performing this task just cilities and complexes to commercial use. research. Each area of research, wheth- fine throughout the base closure proc- $72 million is earmarked for the Youth er diabetes, prostate cancer or HIV, ess. Similarly, why do the communities Challenge, Innovative Reading Training, and carries with it an entirely sympathetic surrounding Fort Ord and San Diego Starbase Youth Programs. $100,000 is earmarked for the preservation constituency for whom my heart goes get a combined $15 million in defense of a Revolutionary War gunboat discovered out. That does not, however, justify conversion money earmarked in this on the bottom of lake Champlain. the cynical use of defense dollars to bill? Was it necessary to double the The Department of the Army is directed to conduct such research. To oppose this amount requested for the Young Ma- re-award the Joint Tactical Terminal con- spending sets one up at as heartless. rines program? Should Congress really tract. After all, who could oppose medical re- be in the business of legislating monop- The Army is ‘‘urged’’ to allocate $750,000 to connect four historically-black colleges to search. That, however, is precisely why olies for individual cruise ship lines, as the Army High Performance Computing Cen- Members of Congress like to use the de- is done in this bill? ter in Minneapolis and provides an addi- fense budget: opponents of these ear- This body has important business to tional $500,000 for work stations at the col- marks risk antagonizing people suffer- which it must attend. I believe I have leges. ing from serious illness or who have made my point. I won’t even dwell on A Diagnostic Imaging Technology Center relatives with these afflictions. The the $100,000 in the bill to preserve a of Excellence is required to be established at Revolutionary War-era gunboat located Walter Reed Army Hospital and $4 million is point has to be made, however, that earmarked for one particular program, all medical research not related to mili- at the bottom of Lake Champlain. without benefit of competitive processes. tary service belongs with NIH—not There isn’t time. Mr. President, the $3 million is earmarked for the Terfenol-D DoD. hemorrhaging of defense dollars for program, under the proviso that the work be Mr. President, the tortuous process nondefense and highly questionable performed in partnership with the National through which Members of Congress purposes is inexcusable during a period Center for Excellence in Metal Working contort themselves to conjure up na- when we are struggling with vital ques- Technology. tional security rationalizations for pa- tions of long-term military readiness. I rochial projects is absurd. It degrades hope to live to see the day Members of Conference report budget tables this institution and further under- Congress see the light and cease this [Procurement in millions of dollars] mines public confidence in their elect- destructive practice of filling appro- Army ed officials. The $8 million in this bill priations bills with garbage. It just has C–XX Medium-Range Aircraft ...... 23.0 for the Pacific Disaster Center is a case to stop. UH–60 Blackhawk Mods ...... 3.0 in point, as is the $9 million for the I ask unanimous consent that a list EFOG–M ...... 13.3 Monterey Institute for Counter-Pro- of objectionable provisions in the bill MELIOS ...... 5.0 All Terrain Cranes ...... 8.0 liferation Analysis. The latter is illus- be printed in the RECORD. trative of the growing trend toward es- There being no objection, the list was Navy/Marine Corps tablishing endless numbers of research ordered to be printed in the RECORD, as CH–60 Helicopters ...... 30.4 institutes irrespective of the existence follows: KC–130J Aircraft ...... 120.0 of other centers and government agen- OBJECTIONABLE PROVISIONS IN H.R. 2266, CON- AN/AAQ–22 ...... 2.0 cies already performing such work. FERENCE AGREEMENT ON FISCAL YEAR 1998 Ground Proximity Warning System 4.0 It is in this light that I find particu- DEFENSE APPROPRIATIONS BILL Air Force larly disturbing the inclusion in this BILL LANGUAGE B–2A Increase ...... 156.9 bill of $3 million for the establishment $35 million earmarked for the Kaho’olawe WC–130J Aircraft ...... 118.0 of a ‘‘21st Century National Security Island Conveyance, Remediation, and Envi- WC–130J Spares ...... 14.8 ronmental Restoration Fund. GATM ...... 17.5 Study Group.’’ Neither House nor Sen- Section 8009 mandates that funding be ate bill included this item, but sud- F–16 OBOGS ...... 1.1 available for graduate medical education U–2 Sensor Glass ...... 24.0 denly it finds itself in the Conference programs at Hawaii-based Army medical fa- U–2 SYERS ...... 5.0 Report. Not only is this group wholly cilities. MEECN ...... 8.5 unnecessary—after all, how many more Section 8030 prohibits the use of funds ap- such studies do we really need, espe- propriated in the bill to reduce or disestab- Defense-Wide cially given the number produced with- lish the 53rd Weather Reconnaissance Squad- JSLIST Industrial Production ...... 10.0 ron of the Air Force Reserve, based at out federal dollars—but it was never M17–LDS Water Sprayers ...... 2.0 Keesler Air Force Base, Mississippi. 7 HMVV Medical Shelters ...... 3.0 even brought before either chamber of Section 8056 sets aside $8 million (unau- Congress prior to now. thorized) for mitigation of environmental Reserves and National Guard This is ridiculous. What possible impacts on Indian lands. Including the following Aircraft: practical utility can this study group Section 8078 requires the Army to utilize T–39 Replacement Aircraft ...... 10.0 have? Is Congress so enamored of in- the former George Air Force Base. C–130J ...... 226.0 sinuating itself into the process of for- Section 8097 directs a $13 million grant to KC–135 Re-Engining ...... 52.0 the Intrepid Sea-Air-Space Foundation to re- F–16 Avionics Intermediate mulating our National Security and furbish the U.S.S. Intrepid. Shop ...... 32.0 Military Strategies that it needs to Section 8099 compels the Air Force to send mandate that some smart people get its officers through Air Force Institute of September 25, 1997 CONGRESSIONAL RECORD — SENATE S9949 Conference report budget tables— Conference report budget tables— was originally a 1-year mission has in- Continued Continued volved in a multiyear engagement of indeterminate duration. It is time to [Procurement in millions of dollars] [Procurement in millions of dollars] Total ...... 320.0 Missile Technology Demonstration assess where we are and where we are flight testing ...... 4.8 going, with an eye toward ending de- Scorpius ...... 5.0 ployment of U.S. forces to that war- RESEARCH, DEVELOPMENT, Hypersonic wind tunnel design torn region. TEST AND EVALUATION study ...... 2.0 When this body debated back in De- Army Defense-Wide cember 1995 the issue of whether to Environmental Quality Tech- support the deployment of U.S. forces Agile Port Demonstration ...... 5.0 nology: University Research Initiatives: as part of the Implementation Force Gallo Center ...... 4.0 DEPSCOR ...... 10.0 following the signing of the Dayton Commercialization of Tech- Southern Observatory for As- peace accords, I stated that, ‘‘I know nologies to Lower Defense tronomical Research ...... 3.0 that by supporting the deployment, but Cost Initiative ...... 5.0 Tactical Technology: not the decision [to send the troops], I Bioremediation Education, Simulation based design (Gulf must accept the blame if something Science, & Technology Center 4.0 Coast Region Maritime Cen- Plasma Energy Pyrolysis Sys- happens.’’ Events of the past several ter) ...... 3.0 weeks have shown disturbing signs of a tem ...... 6.0 Center of Excellence for Re- Radford Environmental Devel- trend that may entail actions being search in Ocean Sciences ...... 7.0 taken that will result in the death of opment & Management Pro- Materials and Electronics Tech- gram ...... 5.0 nology: Cryogenic electronics ..... 6.0 American servicemen. Mr. President, I Environmental Projects at the Defense Special Weapons Agency: am a realist. I recognize that the mili- WETO Facility ...... 7.0 Bioenvironmental research ...... 5.0 tary exists to support national policy Small Business Development Nuclear weapons effects core and that wearing the uniform involves Program ...... 5.4 competencies ...... 12.0 a very real risk of being killed in ac- Agriculturally based remedi- Counterproliferation Support: tion. Our failure to ‘‘will one thing,’’ ation in Pacific Island HAARP ...... 3.0 Ecosystems ...... 4.0 however, is leading us down a perilous Advanced Electronics Tech- path on which such deaths will have Computer based land manage- nologies: ment ...... 4.0 Lithographic & Alternative been unnecessary. Military Engineering Technology: Semiconductor Processing Congress, the press, scholars, and Molten carbonate fuel cells tech- (LAST) ...... 18.0 others have all considered the peren- nology ...... 6.0 Laser plasma x-ray source tech- nial question of mission creep. We can Medical Advanced Technology: nology ...... 5.0 stop debating it, and accept that it has Army-managed peer-reviewed Defense Imagery and Mapping Pro- happened. Comparisons have been breast cancer research ...... 135.0 gram; USIGS Improv ...... 5.0 made with the ill-fated mission in So- Emergency telemedicine ...... 2.5 malia to capture the late warlord and Volume Angiocat (VAC) ...... 4.0 Other Department of Defense Periscopic minimally-invasive Programs tribal leader Mohammed Farah Aideed. surgery ...... 3.0 Defense Health Program: Such comparisons are often inappropri- Proton beam ...... 4.0 Hepatitis A Vaccine ...... 17.0 ate for a number of reasons, but in this Munitions Standardization, Effec- Military Health Information case it is valid. The multinational tiveness & Safety: Services ...... 7.0 force, including the 9,400-strong contin- Blast Chamber—Anniston Pacific Island Health Care Pro- gent of U.S. troops, has seen its mis- Army Depot ...... 2.0 gram ...... 5.0 sion grow from that which is very spe- Explosive waste incinerator ..... 1.1 Brown Tree Snakes ...... 1.0 cifically set forth in the annex accom- Cancer Control Program ...... 8.9 Navy Army Research Institute ...... 5.4 panying the Dayton accords to one of Industrial Preparedness ...... 55.0 Military Nursing Research ...... 5.0 extraordinarily confusing incongruity. Oceanographic and Atmospheric Disaster Management Training 5.0 The recent capture by British special Technology: Holloman Air Force Base ...... 5.0 forces of a Bosnian Serb indicted by Autonomous underwater vehi- Restoration of Army O&M the International War Crimes Tribunal cle/sensor development ...... 10.0 (VAC) ...... 8.0 in The Hague and the killing of an- Ocean partnerships ...... 12.0 other certainly sent a signal to Medical Development: Drug Interdiction and Counter- Bone marrow ...... 34.0 Drug Activities Radovan Karadzic, Ratko Mladic, and National Biodynamics Lab ...... 2.6 Source Nation Support: Riverine the others on the long list of war Biocide materials research ...... 5.5 Interdiction Initiative ...... 9.0 criminals that at long last that provi- Freeze dried blood ...... 1.5 Law Enforcement Agency Support: sion of Dayton would be enforced. Dental research ...... 2.0 Southwest Border Information As with Farah Aideed in Somalia, Mobile medical monitor ...... 2.0 System ...... 4.0 however, the signal has raised the Rural health ...... 3.0 Southwest Border Fence ...... 4.0 stakes greatly in terms of the cost we Natural gas cooling/desiccant HIDTA Crack House Demoli- could pay to bring them to justice. demonstration ...... 2.5 tion ...... 2.3 C–26 Aircraft Photo Reconnais- Lest anyone think I exaggerate, re- Manpower, Personnel and Training member the tragedy of watching an en- Advanced Technology Develop- sance Upgrade ...... 4.5 ment: Regional Police Information tire company of elite American sol- Virtual reality environment/ System ...... 3.0 diers killed or wounded while Farah training research ...... 3.69 Aideed continued to elude capture. The Center for Integrated Manufac- Total questionable adds to situation in Bosnia could be incom- turing Studies ...... 2.0 the Defense appropriation parably worse. Environmental Quality and Logis- conference report ...... 1,495.4 The United States has overtly posi- tics Advanced Techn.: Mr. MCCAIN. Mr. President, I would tioned itself in the middle of a power 250KW proton exchange mem- struggle between two Bosnian Serb brane fuel cell ...... 1.7 like to continue on this very important issue. The 19th century Danish philoso- leaders, President Biljana Plavsic and Visualization of technical in- Radovan Karadzic. It is not what I formation ...... 2.0 pher Kierkegaard wrote that ‘‘purity of Smart Base ...... 6.3 heart is to will one thing.’’ In Bosnia, would consider a great set of options. Undersea Warfare Advanced Tech- the international community has In the world of Serbian politics, nology: COTS airgun as an acous- willed many things, and the result has though, everything is relative. The tic source ...... 3.0 been a highly tenuous peace among the Clinton Administration has thrown its Air Force warring ethnic factions unlikely to weight behind President Plavsic, the properly elected leader despite her HAARP ...... 5.0 long survive the departure of NATO abysmal record during the years fol- ALR–69 PLAID ...... 5.0 military forces. As we all know, what lowing the splintering of the former S9950 CONGRESSIONAL RECORD — SENATE September 25, 1997 Yugoslavia into ethnically derived di- committed us to stop the fighting. And world. Those of us who know the horror visions. Not a hard choice when the al- let no one doubt that the bitterness in- of war first hand, however, know the ternative is Karadzic, whose name volved, the scale of atrocities inflicted, price such leadership entails. It is not should rightfully be placed alongside did not warrant some kind of forceful a price that should be paid in Bosnia. those of other 20th Century butchers. action. We should not send the wrong message The point I am trying to raise, how- It is certainly likely that a peace- to our personnel in the field by cutting ever, is that once we sided with one keeping force will be needed beyond off their funding; but we should send a faction within the Bosnian-Serb com- June 1998. The parties to the conflict in message to the President that the munity, we placed our military person- Bosnia have shown little sign that they United States has done all it can for nel in the kind of position that faced are prepared to accept in full the terms that sad country and withdraw our sol- those in Lebanon in 1983 and Somalia of the Dayton Accord, and key provi- diers from Bosnia. 10 years later. sions like the return of refugees to Mr. President, I appreciate the indul- The phenomenon of mission creep their pre-war homes will require the gence of my colleagues. I yield the was accepted by most when it entailed presence of such a force. There is a le- floor. benign nation-building measures. In- gitimate question, though, whether The PRESIDING OFFICER. Who deed, the absence of a viable alter- that contingent needs to include U.S. yields time? native to NATO in terms of com- ground forces. We should not continue Mr. WARNER addressed the Chair. The PRESIDING OFFICER. The Sen- petence, discipline, willingness to to accept the protestations of our al- ator from Virginia is recognized. think innovatively, and absence of the lies, such as those that were voiced Mr. STEVENS. I yield the Senator 4 kind of civilian political oversight that prior to our deployment of ground minutes. characterized the disastrous and tragic forces, that the United States is not Mr. WARNER. Mr. President, I wish decision making apparatus under sharing the risk. This country has seen to associate myself with the distin- former U.N. Secretary General Boutros too many of its fallen soldiers laid to guished Senator from Arizona and his Boutros-Ghali and his deputy Yasushi rest in European cemetaries for us to remarks and, indeed, those of the dis- Akashi made it only logical that the accept that kind of rhetoric. A peace- tinguished Senator from Texas [Mrs. military component of the operation to keeping force without United States HUTCHISON]. I have worked with them end the war and rebuild the country ground forces can and should assume on this very issue. should fall on NATO’s shoulders. Log- responsibility for Bosnia after June Mr. President, I commend the Appro- ical, but not necessarily right. That ex- 1998. priations Committee for the language tension of the military’s original mis- This does not imply an abandonment which is contained in their bill, but I sion of simply keeping the warring fac- of our allies and friends in the effort at would like to urge that this whole tions apart ensured that the deploy- preventing a return of the fighting that analysis be taken a step further. ment would last longer than originally forced the civilized world to once again During the course of the confirma- intended. reflect upon the fragility of global or tion hearings on General Shelton, I When the President announced that regional peace. On the contrary, the said that it is time for the United he would keep our forces in Bosnia be- conflagration that enveloped the States to exercise the leadership to re- yond the original withdrawal date, he former Yugoslavia earlier this decade convene the principles, the very prin- was met with widespread skepticism. was all the more shocking for its oc- ciples that laid down the Dayton ac- How many of us actually believed that currence in Europe, where war was con- cords, assess what has been done, what the June 1998 target date would be sidered least likely to occur following has to be done and, most significantly, met? We knew that the deployment the end of the East-West confrontation the realistic chances of the balance would continue indefinitely; that the of the cold war era. The war in Bosnia being done. costs would never be properly budg- and Herzegovina was a sad reminder Mr. President, I have in my hand, eted; that the diplomatic framework that the so-called enlightened con- and I ask unanimous consent to have upon which we are operating would tinent remains vulnerable to the kind printed in the RECORD an op-ed piece never stand on its own. But we also of hatred and violence that culminated by the distinguished former National knew that a decision by Congress to not long ago in the Holocaust. Security Adviser, Dr. Kissinger, with terminate funding for troops in the What is important, to this country, is whom I worked when he was in that po- field, for men and women sent in harms that we not become the permanent sition, and likewise excerpts from the statement by the current National Se- way at the behest of their Commander- caretaker of the region. Our troops curity Adviser, showing very clearly in-Chief, stands as perhaps the most must be out by the end of June 1998. We different viewpoints by distinguished morally and politically difficult we can should maintain a rapid reaction force Americans who understand this sub- ever be called upon to make. in Hungary, and our heavier forces in ject. The absence of an exit strategy has Germany should remain available if There being no objection, the mate- made it easier for the Administration needed. The rapid reaction force should rial was ordered to be printed in the to justify keeping troops there to exe- include air and ground components ca- RECORD, as follows: cute an expanding list of missions with pable of responding in a timely manner [From the Washington Post, Sept. 22, 1997] no logical completion date other than to a resurgence in fighting with suffi- LIMITS TO WHAT THE U.S. CAN DO IN BOSNIA the fairly arbitrary one of June 1998. cient strength to quell any such fight- (By Henry Kissinger) The appearance of conflict back in the ing at minimal risk to our personnel. Every American foreign policy setback, late May-early June timeframe be- But make no mistake: The peacekeep- from Indochina to Somalia, has resulted tween the Secretaries of State and De- ing force that remains inside Bosnia from the failure to define objectives, to fense and the more recent contradic- and Herzegovina must be European in choose means appropriate to these objectives tory messages conveyed by the Na- content. The governments of Europe and to create a public opinion prepared to tional Security Advisor and the Sec- must accept responsibility for main- pay the necessary price over the requisite pe- retary of Defense regarding the June taining peace in their own backyard. riod of time. 1998 withdrawal date illuminates all Two world wars demonstrated that the We are now on the verge of sliding into a similar dilemma in Bosnia: Our goals are un- too well the total lack on the part of United States cannot disengage from realistic, the means available do not fit the the Administration of a clear concept Europe, and our own economic well- objectives and the public is unlikely to block of what we are doing in Bosnia and, being demands that we not do so. But the probable consequences of our actions. consequently, how long we should be the American public should not be ex- Policy drifts because three issues await reso- there. pected to see its military personnel lution: What are our objectives in Bosnia? Mr. President, I supported the deci- kept in harm’s way in perpetuity in a How long should our troops stay? What risks sion to deploy troops to end the war be- situation where the parties refuse to should we run for the capture of war crimi- nals? cause President Clinton, in his capac- take the necessary steps for lasting In 1991, when Yugoslavia broke up, the ity as Chief Executive and with his peace. United States joined the other NATO coun- constitutional prerogative of conduct- During the cold war, we prided our- tries in recognizing its various administra- ing this Nation’s foreign policy, had selves on our role as leader of the free tive subdivisions as independent states. With September 25, 1997 CONGRESSIONAL RECORD — SENATE S9951 respect to Croatia and Slovenia, inhabited by passports. Serbs with Cyrillic license plates probably achieve initial successes and there- a dominant ethnic group, this decision made are at particular risk in other areas, but so upon implement another round of ethnic sense. But in Bosnia, populated by Croats, are the Muslims and Croats if they leave cleansing. At that point, the Croats would Serbs and Muslims whose reciprocal hatreds their enclaves. Not surprisingly, refugees almost certainly enter the fray to keep the had broken up the much larger Yugoslavia, tend to return home only with armed escorts Muslims from achieving a dominant posi- the attempt to bring about a multiethnic and are frequently obliged to flee as soon as tion. And Russia, the historical protector of state evoked a murderous civil war. the escorts leave. the Serbs, is unlikely to remain passive—at The same flaw that attended the birth of Nor will elections solve the problem. In least politically. the Bosnian state lies at the heart of the di- Bosnia, elections are not about alternation Some favor such risks to punish the evil lemmas of the Dayton accords mediated by in office but about dominance determining men who are assumed to have undermined the United States that brought about the life, death and religion. They must either the traditional coexistence between the eth- current Bosnian cease fire. Its military pro- ratify the new ethnic composition, or, since nic groups. But there has never been a visions separate the parties substantially refugees vote on the rolls of the towns from Bosnian state on the present territory of along the lines of the ethnic enclaves that which they have been expelled, produce the Bosnia. Whenever the various ethnic groups emerged as hostilities ceased. But the politi- bizarre situation that absentee voters are in have lived together in apparent harmony, it cal provisions do the opposite. They seek to a position to ‘‘win’’ and, in effect, gain the was due to the pressure of some outside force unite these enclaves under the banner of a right to rule the group that expelled them. that overwhelmed their passions—the Turks, multiethnic state that caused the explosion In the Krajina region, for example, now occu- the Austrians or Tito’s dictatorship. The in the first place. pied by Croatia, the voting rolls of many Croats slaughtered the Serbs under Hitler, The American tendency is to treat Bosnian towns show a majority of Serbs, all of whom the Serbs slaughtered the Croats in the early tensions as a political problem to be over- have been expelled. Are NATO forces ex- years of Tito; both Croats and Serbs cling to come by constitutional provisions that rec- pected to enforce this outcome? a collective memory of Muslim atrocities oncile the parties and establish procedures Refusing to recognize these realities has under Turkish rule. for settling conflicts. But for the Bosnians, twisted American policies into contortions Another often-cited argument holds that the overwhelming reality is their historical that will guarantee an ultimate breakdown. to abandon the political part of the Dayton memory, which has sustained their ineradi- Exerting considerable economic and political Agreement is to reward aggression on the cable hatreds and unquenchable aspirations pressure, we engineered the shotgun wedding model of Hitler’s dismemberment of Czecho- for centuries. between Croats and Muslims that goes under slovakia. The analogy is mistaken. Hitler Throughout their histories, the Serbs and the label of the Bosnian Federation. In this violated a recognized sovereign state; Croats have considered themselves defenders technically multiethnic structure, within Bosnia’s civil war was triggered by the of their religions, first against a Muslim which no cease-fire line is necessary accord- West’s misconceived attempt to experiment tide, then against each other. The Serbs’ ing to the official mythology, NATO patrols with a multiethnic state among populations identity derives from a series of bloody bat- only the line between the so-called Federa- divided by religion and whose very reason for tles in defense of the Serbian faith and popu- tion and the Serb part of Bosnia. existence has been to prevent domination by lation against Islam. Once Islam was Reality mocks this mythology. The divid- the other ethnic groups. stopped, the Serbs fought to vindicate their ing line between Croats and Muslims is as America has no national interest for which independence from Catholic Austria, spear- rigid as the one between them and the Serbs. to risk lives to produce a multiethnic state headed by the Croats. No Croat officials enter Muslim territory, no in Bosnia. The creation of a multiethnic The Croats perception is precisely the re- Muslim official serves in the Croat part of state should be left to negotiations among verse—as upholders of Catholicism against the Federation. Few Croats are to be found the parties—welcomed by America if it hap- Serbian Orthodoxy and Islam. And the Mus- in Sarajevo, the purported capital of the pens but not pursued at the risk of American lims know that they are regarded by the two Federation that was ethnically cleansed lives. America does have a political concern other ethnic groups as a historical instru- when the Muslims took it over after the to preserve the cease-fire for a reasonable pe- ment of the hated Turks and therefore— Dayton accords were signed. Nor is there free riod. We have already extended the deadline since ethnically they are at one with the movement of Croat and Muslim groups with- for withdrawal which the president promised Serbs and Croats—as turncoats. in the Federation. to Congress. A case can be made to extend it The deep-seated hatred of each party for It is a conceit that this state of affairs is once again with gradually reduced forces for all the others exists because their conflict is the fault of a few evil bigots who, once re- a limited period—but after next June with more akin to the Thirty Years War over reli- moved either to war crimes trials or to exile, personnel who have specifically volunteered gion than it is to political conflict. And this will permit the natural preference of the eth- for this duty, backed up by air power and should serve to caution the United States nic groups for some sort of unity to assert it- naval forces stationed nearby. Manning not to get in between these parties by trying self. This misconception has tempted senior cease-fire lines in Bosnia cannot be a perma- to impose political solutions drawn from our American officials to pretend that Croat at- nent American undertaking. own, largely secular, experience. titudes are the aberrations of its president, As for the war criminals, there is no doubt Once passions were unleashed by the civil Franjo Tudjman, and has led the American that they deserve to be judged before a tribu- war, each group committed unspeakable cru- NATO commander to abandon the neutral nal constituted for that purpose at The elties in the process of expelling the other position of mediator and involve himself in Hague. In the current state of affairs, an groups from the regions that they con- the internal struggles of the Serb part of American military move would be construed trolled—the ethnic cleansing. The Serbs Bosnia. as an effort to break Serb resistance to a started the process, but as the war contin- Neither judgment is correct. In Croatia, multiethnic state and therefore would be op- ued, the other parties also engaged in mur- the opposition is even less flexible than the posed bitterly by the Serb population. But if derous acts—the Croats in Krajina, the Mus- president. And while Serb strongman America confined its role in Bosnia to main- lims around Sarajevo. Among the existing Radovan Karadzic well deserves to be placed taining the cease-fire lines and left the polit- leaders, few, if any, innocents are to be before a war crimes tribunal, his adversary, ical evolution to the parties, a situation found. Biljana Plavsic, will not survive politically might present itself in which the arrest of The NATO allies would have done well to unless she too advocates nationalist Serb war criminals could be dealt with on its mer- stop the killings six years ago, in its incip- policies without, of course, the war-crime its. ient phase. They could have taken the posi- element. America must avoid drifting into a crisis tion that they would not tolerate such out- A multiethnic state in Bosnia is unlikely with implications it may not be able to mas- rages within reach of NATO forces and on to emerge except after another round of ter. The administration deserves much credit the continent where the political concept of fighting, and then only if one of the parties for having brought about the end of hos- human dignity originated and is now institu- achieves an overwhelming victory. Should tilities. Ending communal hatred is a longer- tionalized. As a result of their failure to do NATO military power be used to promote term challenge. We can facilitate this but we so, each of the ethnic regions of Bosnia has such an outcome? Should American casual- cannot justify military action. become largely homogeneous; the results of ties be incurred to force the various ethnic EXCERPTS FROM REMARKS ON BOSNIA AT ethnic, cleansing are now the dominant fact groups into a multiethnic state that the ma- GEORGETOWN UNIVERSITY, WASHINGTON, DC of life in Bosnia. jority of them do not want? Why should we The political provisions of the Dayton violate our own principle of self-determina- (By Sandy Berger, National Security agreement seek to reverse this state of af- tion in pursuit of such goals? Adviser) fairs. They provide for free movement among American pressure to implement the polit- Some argue that we set our sights too high the ethnic enclaves, for free repatriation of ical provisions of the Dayton accords may in Dayton, that only an ethnic partition will refugees and for elections leading to national well lead to precisely such an outcome. The produce the stability we want and extricate reconciliation. This vision has turned out to cease-fire now holds because of NATO’s mili- us from Bosnia. I believe the partitionists be a mirage. tary preponderance and because the Mus- are wrong. Because accepting partition No free movement among the various eth- lims, the only ethnic group seeking a multi- means ratifying the worst ethnic cleansing nic enclaves takes place, and no mail or tele- ethnic state, are arming for the purpose of in Europe in more than a half century. We phone services exist. Each ethnic group is- imposing what we are urging. Since they are should not give up on justice and reward ag- sues its own currency, license plates and now already the better equipped, they will gression. S9952 CONGRESSIONAL RECORD — SENATE September 25, 1997

Partition also would be wrong because it THE ASSISTANT SECRETARY OF THE Please know that you can count on the full would send the message to ethnic fanatics NAVY, RESEARCH DEVELOPMENT support of the State of Hawaii in your ef- everywhere that the international commu- AND ACQUISITION, forts. nity will allow redrawing of borders by force, Washington, DC, July 30, 1997. With warmest personal regards, by creating the kinds of ethnically pure Hon. TED STEVENS, Aloha, states that often harbor a dangerous sense of Chairman, Subcommittee on Defense, Committee BENJAMIN J. CAYETANO. grievance, entities that would be inherently on Appropriations, U.S. Senate, Washing- unstable, ultimately not viable, and inclined ton, DC. NATIONAL SECURITY to expansionist aggression, partition would DEAR MR. CHAIRMAN: I am writing in CAUCUS FOUNDATION, lead not to peace, but to war. strong support of the United States-flag Washington, DC, September 8, 1997. In short, to advocate partition is to accept Cruise Ship pilot project included in the Sen- Hon. C.W. (BILL) YOUNG, defeat. ate’s Fiscal Year 1998 Department of Defense Chairman, Subcommittee on National Security, Mr. WARNER. Mr. President, I think Appropriations Bill, S1005, as passed on July Rayburn House Office Building, Washing- it is imperative we take the steps out- 15, 1997. The construction of large, ocean- ton, DC. going cruise ships in United States’ ship- DEAR MR. CHAIRMAN: This is a follow-up to lined in this amendment and add addi- yards under this project is vital to the letter you received from Assistant Sec- tional steps so that this country does transitioning U.S. shipyards back into the retary of the Navy John Douglass regarding not drift into a new policy along the construction of cruise ships and to sustain the United States-flag Cruise Ship Pilot very lines that the Senator from Ari- this country’s shipbuilding industrial base. Project. We are in complete agreement with zona has so eloquently stated. Military preparedness depends on the Secretary Douglass, the U.S. Navy, the De- I was privileged, on behalf of the maintenance of a robust industrial base for partment of Defense, and many prominent Armed Services Committee, to write U.S. Navy shipbuilding. With the decline in national security experts regarding the im- the number of new construction Navy ships, the committee’s report on Somalia, portance of this initiative. we have been actively encouraging the pro- During the August recess Secretary Doug- with the distinguished Senator from ducers of our large warships and support lass and Deputy Assistant Secretary Michigan [Mr. LEVIN]. I well under- ships to explore commercial opportunities. Hammes participated in a Congressional Del- stood how we got into it, what the The sophistication involved in cruise ship egation (CODEL) to Asia which was spon- problems were. And, once again, we are design and construction makes this commer- sored by the NSC Foundation. This project in the business of nation building as we cial project ideal for sustaining critical ship- was a focal point of their meetings with your interpose ourself amongst the several building skills. fellow members of the Appropriations Com- political factions fighting in that coun- The MARITECH program authorized by mittee and the Senate Intelligence Commit- Congress in Fiscal Year 1994 has served as an try. tee. innovative research and development initia- They also joined your colleague Duke I voted consistently against putting tive to improve the international competi- Cunningham in meetings with the President, ground troops in. Therefore, I can tiveness of our U.S. shipyards, particularly Defense Minister and Chairman of the Joint stand here with a clear conscience in the construction of large, oceangoing ves- Chiefs of Staff in the Philippines. They all today and say, once they are in, we sels of all types. The technology transfer emphasized the importance of American have to assess what is that exit strat- that accompanies any large ship construc- shipbuilding to the national security inter- egy. We are going to have $7.3 billion of tion program is essential to the continued ests of both of our nations. American taxpayers’ money expended viability of the shipyard industrial base in Furthermore, many of your colleagues par- the U.S. The Cruise Ship pilot project con- if we go through June 1998. There is no ticipated in a recent National Security Cau- tained in Section 8097 of S1005 would provide cus dinner with Navy Secretary John Dalton way of assessing the price tag of the the means for just such technology transfers. and Marine Corps Commandant Charles risks of our men and women of the I support the use of $250,000 in Fiscal Year Krulak who both said this program is vital Armed Forces of our Nation have taken 1998 for the Cruise Ship pilot project. to sustain our nation’s shipbuilding indus- during that period of time. Therefore, However, I have some concern with the trial base. this policy has to be rethought, and I language that prohibits the future use of fed- The bottom line is that the senior leader- think no less a reconvening of the Day- eral funds under this section. There may be ship of the national security community is a future need to utilize federal research and supporting this initiative because it is an ton principles is a measure we need to development funds for shared ship design ap- do to get to the right result in this sit- ideal project to sustain critical shipbuilding plications and this requirement should be skills. Furthermore, as the Assistant Sec- uation. left to the determination of the Secretary of retary indicated, the Navy is very interested Mr. President, I thank the distin- Defense. Specifically, the Navy is interested in exploring the potential use of hull designs guished manager for my few minutes in exploring the potential use of the hull de- used for these cruise ships as the hull for fu- here. sign used for these cruise ships as the hull ture Joint Command and Control Ships. Mr. STEVENS. If there is any time, I for future Joint Command and Control ships. Finally, several flag officers have already reserve it. Does the Senator from Ha- Accordingly, the Navy needs the flexibility testified before your Subcommittee regard- waii have any final statements? to spend research and development funds on ing the need for builders of large warships a common hull design for this mission. and support ships to explore commercial op- Mr. INOUYE addressed the Chair. Your support for this important project is The PRESIDING OFFICER. The Sen- portunities. The United States-Flag Cruise appreciated. A similar letter has been sent to Ship Project is a perfect example of an ap- ator from Hawaii. the other Chairmen of the Congressional De- propriate commercial initiative, and we hope Mr. INOUYE. Mr. President, I regret fense Committees. you will join your Senate colleagues in sup- very much that there are some who are Sincerely. porting this endeavor. disappointed with section 8109 of the JOHN W. DOUGLASS. We are enclosing an analysis which de- appropriations bill that authorized the scribes this project in further detail. If your creation of the cruise ship industry. EXECUTIVE CHAMBERS, staff has any questions about this please Honolulu, HI, August 29, 1997. have them contact Gregg Hilton, the Execu- So, if I may, Mr. President, I ask Hon. DANIEL K. INOUYE, unanimous consent to have printed in tive Director of the NSC Foundation, at 479– U.S. Senate, Hart Senate Office Building, 4580. Many thanks. the RECORD letters indicating support, Washington, DC. Admiral Thomas H. Moorer, USN (Ret.), first, from the Department of Defense, DEAR SENATOR INOUYE: I recently received Former Chairman, Joint Chiefs of a letter from the Assistant Secretary a briefing on your U.S.-flag Cruise Ship Pilot Staff; Rear Admiral Robert H. Spiro, of the Navy, John Douglass; the Gov- Project (S. 1005, Sec. 8097) contained in the Jr., USNR (Ret.), Former Under Sec- ernor of Hawaii, the Honorable Ben- FY 1998 Department of Defense Appropria- retary of the Army, Carter Administra- tions Bill. tion. jamin Cayetano; the National Security Hawaii’s domestic cruise ship operation re- Caucus Foundation; and representa- mains a vital component of our state’s visi- NATIONAL SECURITY tives of our maritime industry, for ex- tor industry. I am excited about the prospect CAUCUS FOUNDATION, of revitalizing that business with new pas- ample, Seafarers International Union, Washington, DC, September 4, 1997. the Transportation Institute, the senger cruise ships dedicated solely to inter- island cruises. THE UNITED STATES-FLAG CRUISE SHIP American Shipbuilding Association, PROJECT the American Maritime Officers, the I support your leadership in initiating an innovative program aimed at facilitating a The United-States-flag Cruise Ship Project American Classic Voyages Co. dedicated cruise ship within 18 months and was included in the Fiscal Year 1998 Depart- There being no objection, the mate- the construction of two new cruise ships, the ment of Defense Appropriations Bill (S. 1005) rial was ordered to be printed in the first to be built in U.S. shipyards in over 40 when it was passed by the Senate on July 15. RECORD, as follows: years. Many prominent national security experts September 25, 1997 CONGRESSIONAL RECORD — SENATE S9953 believe that the construction of large, ocean- this program in order to allow an adequate ously built in foreign shipyards. They going cruise ships in United States’ ship- return on the significant investment re- employ very cheap foreign labor and yards under that project is vital to quired to enter and develop this market. operate outside our regulations. They U.S. shipyards build the best naval vessels transitioning U.S. shipyards. This will allow pay no U.S. taxes and are not available them to move from strictly military to com- in the world, but without the infusion of mercial vessel construction and the initia- commercial shipbuilding technology, as will for U.S. emergencies. tive is important for the preservation and be made possible under the proposed pilot Shipbuilding subsidies in foreign modernization of the American shipyard in- project, our shipyards will find it increas- countries in recent years ranged from 9 dustrial base. ingly difficult to make the transition to percent to 33 percent of the cost of the Military preparedness depends on the building large commercial vessels that is vessel’s construction. At a 9-percent maintenance of a robust industrial base for vital to the future of our shipyard industrial construction subsidy, an operator U.S. navy shipbuilding and repair. In this base. today could build a new $500 million, country, we have six shipyards capable of 130,000-ton cruise vessel in a foreign building large warships and support ships JULY 17, 1997. critical to our national defense. DEAR CONGRESSMAN: We are writing to re- yard and reduce its cost of capital by The U.S. Navy believes it is essential for quest your support for the U.S.-flag Cruise an astounding $45 million. The United these shipyards to remain active, with a Ship Pilot Project contained in Section 8097 States, since the early 1980’s, has not skilled and trained work force. The declining of S. 1005 of the FY ’98 DOD Appropriations subsidized the commercial construc- number of active U.S. Navy ships and new bill as passed by the Senate under the leader- tion of ships. construction and repair opportunities re- ship of Chairman Stevens and Senator These foreign companies also take quires America to look to commercial ship Inouye. This provision is critically impor- advantage of the lower cost of foreign tant to our U.S. flag cruise ship industry and building as the best means by which to main- labor. In fact, the Wall Street Journal tain that shipbuilding capability. The bur- for our U.S. shipbuilding base. geoning worldwide demand for cruise ships, Section 8097 would direct the MARITECH recently ran an article reporting these coupled with their sophisticated construc- program to supervise a pilot project to en- foreign cruise companies pay workers tion demands, make cruise ships an ideal hance the shipbuilding industrial base and to on board their ships a paltry $1.50 per commercial project for American shipyards develop the U.S.-flag cruise industry. The day—that’s right, $1.50 per day before to maintain their heightened state of readi- MARITECH program (authorized by the FY tips—for 16 to 18 hours of work. We ness. ’94 defense authorization bill) has served as here in the United States have under- an innovative research and development ini- The MARITECH program was authorized taken an aggressive campaign to stop by Congress in 1994 and according to senior tiative that has produced substantive results Defense Department officials it has served as in improving the international competitive- the use of sweatshop labor, and we an innovative research and development ini- ness of the shipbuilding industry in the Unit- should hold these foreign-flag ships op- tiative to improve the international com- ed States. erating in the American market to petitiveness of U.S. shipyards, particularly The U.S.-flag Cruise Ship Pilot Project those same high standards. in the construction of large, oceangoing ves- would result in the construction of two new But perhaps the main reason these sels of all types. The technology transfer cruise ships in U.S. yards and allow the tem- vessels fly a foreign flag is to avoid that accompanies any large ship construc- porary reflagging of one foreign cruise ship. U.S. tax laws. Although most of these tion program is essential to the moderniza- The project would be privately funded and constructed (without the use of federal foreign-flag cruise operations are lo- tion of the shipyard industrial base in the cated in the United States—and most United States. The cruise ship pilot project funds) and provide preference in the trade in contained in Section 8097 of S. 1005, as order to allow for an adequate return on the of their passengers are Americans— amended, would provide the means for just significant capital investment required to they are protected by reciprocal inter- such technology transfers, without requiring develop this new shipbuilding capability and national tax treaties. These reciprocal obligation of scarce federal shipbuilding a broader market for U.S. cruise ships. The agreements allow the foreign-flag funds for either shipyard tooling or the con- U.S.-flag Cruise Ship Pilot Project means cruise ship companies to avoid the tax struction of the vessels themselves. thousands of shipyard jobs over several years laws of the United States. For example, and more than two thousand permanent jobs This provision, as passed by the Senate one large foreign-flag cruise operator will jump start cruise ship construction in on board the vessels when completed—ap- the U.S., develop the American flag cruise proximately seven hundred within the first recently reported earnings of approxi- industry and help reduce U.S. shipyard de- year alone. We urge your support of this im- mately $1.8 billion in revenues for its pendence on Department of Defense con- portant provision. cruise operations. While most of these struction—all without the use of federal Very truly yours, revenues came from American pas- funds. It would result in the construction in American Classic Voyages Co., Philip sengers, this cruise line, under existing the U.S. of two state of the art large ocean- Calian, President; American Shipbuild- U.S. law, considers this foreign source going commercial cruise ships. These ships ing Association, Cynthia Brown, Presi- income which is exempt from U.S. tax dent; Transportation Institute, James cost hundreds of millions of dollars each and law. Because of this loophole, this one will be built with private capital. The pilot Henry, President; American Maritime project will create thousands of jobs in U.S. Officers, Michael K. McKay, President; company did not pay any income tax shipyards during construction and on board Seafarers International Union, Michael on its cruise ship operations. Based on the vessels after completion. Sacco, President; American Maritime the companies’ net income from cruise The provision would be supervised under Officers Service, Gordon Spencer, operations, this can be equated to a the Department of Defense’s MARITECH Legis. Director. $158 million corporate income tax loss program. Under MARITECH auspices two Mr. INOUYE. Mr. President, I believe to the Federal Treasury. cruise ship design projects have been com- the RECORD should note that up until An existing operator of U.S.-flag pleted, the pilot project would result in ac- the latter part of 1967, America con- cruise ships in Hawaii and on the in- tual construction. An existing operator of U.S.-flag cruise trolled the seas. Most of the cruise ves- land waterways, however, is ready and ships in Hawaii and on the inland waterways sels were American owned, American willing to build new U.S. cruise ships is ready and willing to build new cruise built. Today, the situation is slightly and employ American workers. But ships. However, U.S. shipyards have not built changed. Last year, over 6.2 million since U.S. shipyards have not built a a large ocean-going cruise ship in over 40 passengers worldwide—and 75 percent large oceangoing cruise ship in over 40 years and the first operator to do so faces a were Americans. The Caribbean and years, the first operator to do so faces cost disadvantage. the Bahamas regions, which is the larg- a significant cost disadvantage. That is The pilot project would assist U.S. yards by facilitating series construction of the two est North American market, does not why the U.S.-flag cruise ship pilot new cruise ships and the operator would be have a single American cruise vessel. project is so important. required to sign a binding contract for deliv- Cruises are the fastest growing seg- The pilot project will facilitate a se- ery of the first vessel by 2005, the second by ment of the tourism industry. They ries construction for two new cruise 2008. bring in over $7.5 billion in revenues. ships by requiring the operator to sign The pilot project would also help Hawaii And 113 vessels currently operate in a binding shipyard contract with deliv- operations by permitting the temporary re- the North American market—1 Amer- ery of the first new vessel no later than flagging of an existing foreign-flag cruise ican. Of the 30 companies operating in 2005; the second by 2008. In order to re- ship for operation under the U.S.-flag with U.S. crews while the new ships are con- the North American market, 3 compa- place a retired ship and develop market structed in order to develop market demand nies—foreign companies, Mr. Presi- demand that operator will temporarily and would give preference in the trade for dent—command over 70 percent of the document an existing foreign-flag the life expectancy of the vessels built under market. These foreign ships are obvi- cruise ship for operation under U.S.- S9954 CONGRESSIONAL RECORD — SENATE September 25, 1997 flag with U.S. crews while the new shipyard dependence on DOD construc- market, so that once again we can take ships are constructed. tion—all without Federal funds. pride in new U.S.-built oceangoing, This project is a milestone for our The cruise industry is projecting that U.S.-flag cruise ships. It will help to U.S.-flag cruise ship industry. After $7.5 billion will be invested in the con- employ thousands of American work- decades of dormancy in the oceangoing struction of new vessels over the next 5 ers, put the best shipbuilding tech- U.S. cruise ship arena, we now have a years—and not one cent of this invest- nology in the world into commercial U.S. company that is willing to make a ment will be spent in U.S. shipyards. use, and help the Nation sustain a via- very substantial investment to try to This pilot project, however, will result ble shipbuilding industrial base—all at rebuild our once proud U.S.-flag pas- in the construction in the United no cost to the American taxpayers. It senger fleet. Because this existing op- States of two state-of-the-art large deserves our support. erator will make a very large invest- oceangoing commercial cruise ships, The program that we have set forth, ment in the development of new U.S.- representing a private capital invest- supported by DOD and supported by the flag cruise ships, which otherwise ment in U.S. shipbuilding of approxi- whole industry, will once again rees- would not exist absent this significant mately $1 billion. tablish our cruise industry. investment, section 8109 includes a The pilot project will create thou- So, Mr. President, I hope that my preference to ensure that other opera- sands of American jobs in U.S. ship- colleagues will adopt this amendment. tors do not take advantage of this com- yards during construction and onboard Mr. President, I ask unanimous con- pany incurring such ‘‘first mover’’ de- the vessels upon completion and ap- sent that a paper, prepared by several velopment costs and unfairly compete proximately 750 shipboard jobs on members of my staff, to alert lawyers against the existing operator. I would board the temporary vessel within 18 on the question of monopoly be printed note that Congress has provided simi- months. It will create some 2,500 ship- in the RECORD. lar incentives and preferences in other yard and subcontractor jobs through- There being no objection, the mate- areas. The patent system is perhaps out the construction project. And upon rial was ordered to be printed in the the most prominent example of such a completion of the new ships, over 2,000 RECORD, as follows: restriction that protects, and thus en- permanent onboard and shoreside sup- SECTION 8097 OF THE DOD APPROPRIATIONS courages, investment in the develop- port jobs will be created. BILL CREATES NO ‘‘MONOPOLY’’ OR ‘‘UN- ment of new products and services that The pilot project will be supervised PRECEDENTED RESTRICTION ON COMMERCE’’ otherwise would not exist—even in under DOD’s MARITECH Program Section 8097 of S. 1005, the FY ’98 DoD ap- highly competitive markets, such as which Congress authorized in 1993 and propriations bill as passed by the Senate, the computer industry. has funded annually to facilitate ad- contains a provision critically important to The patent-like preference contained the U.S.-flag cruise ship industry and the vanced commercial shipbuilding in U.S. shipbuilding base. It directs the in section 8109 is for a very narrow seg- U.S. yards and the transition from de- MARITECH program to supervise a pilot ment of the highly competitive Hawai- pending on military construction to project to develop and construct two new ian tourism market—domestic inter-is- the competitive commercial market. cruise ships in U.S. yards, and to allow, until land cruises. These cruises account for Under MARITECH auspices two cruise they are built, temporary reflagging to the less than 1 percent of overall Hawaiian ship design projects have been com- U.S.-flag of a foreign vessel. The result tourism and an even smaller percent- pleted, led by the Ingalls and NASSCO would be the first new cruise ships built in age of the North American cruise mar- U.S. yards in over 40 years. shipyards. The pilot project would re- To allow for an adequate return on the sig- ket. Moreover, Hawaii vacationers will sult in the actual construction of new nificant capital investment required for this have many competitively priced vaca- cruise vessels in U.S. shipyards for the innovative initiative, the new ships would tion alternatives to these new cruise first time in 40 years. receive a preference in the trade. An objec- ships. In addition, foreign-flag cruise In addition to the commercial bene- tion has been raised that this would create a ships, with their significant cost ad- fits of the pilot project, it is also of sig- ‘‘monopoly’’ and a ‘‘legislative restriction on vantages in terms of low capital costs, nificant value to the Department of commerce [that] is unprecedented.’’ The ob- low foreign labor costs, and freedom Defense. It will reduce the U.S. ship- jection is unfounded. from U.S. income tax, will still be free yards dependence on Defense funds SECTION 8097 CREATES NO ‘‘MONOPOLY’’ to call in Hawaii, just as they always needed to maintain an adequate indus- The cruise ship business is quite competi- have. In fact, in 1995 alone 12 compet- trial base. In fact, a recent letter from tive. Operators compete with each other for ing foreign-flag cruise ships operated the patronage of vacationers who wish to the Assistant Secretary of the Navy for spend their holidays aboard ship. Operators in the Hawaiian market. Nothing in Research Development and Acquisi- also compete with other providers of vaca- this provision will change that. tion, John Douglass called tion and leisure activities. Passengers con- I recognize that there is a vibrant *** the construction of large, oceangoing sidering a cruise in the Hawaiian Islands small U.S. passenger vessel fleet. I cruise ships vital to transitioning U.S. ship- thus can, and do, consider competing cruise want to assure you that they are not yards back into the construction of cruise trips in the Caribbean, the South Pacific, affected by this provision. These U.S. ships and to sustain this country’s shipbuild- Alaska, and even the Mediterranean. They operators will be able to enter and ing industrial base. also can, and do, consider alternative vaca- compete freely in the Hawaii cruise The Navy is also interested in explor- tions in the Hawaiian Islands, or other resort trade, including inter-island cruises. ing the potential use of the hull design and vacation destinations. There is thus absolutely no basis for the Mindful of this segment of the fleet, we for these cruise ships as the hull design suggestion that a cruise ship operator would were careful to draft section 8109 to ex- for future Joint Command and Control enjoy any sort of ‘‘monopoly’’ even as the clude vessels measuring less than 10,000 ships. only U.S.-flag company operating in the Ha- gross tons and having berth or state- Mr. President, the Governor from my waiian Islands. Antitrust case law recognizes room accommodation of fewer than 275 State of Hawaii has also expressed his this fact. In American Ass’n of Cruise Pas- passengers, these thresholds accommo- support for the provision and the bipar- sengers v. Carnival Cruise Lines, Inc., 911 F.2d date not only the entire U.S. small pas- tisan National Security Caucus Foun- 786, 788 (D.C. Cir. 1990), an antitrust action senger fleet, but also any new vessels dation called the project ‘‘a perfect ex- involving alleged discrimination against cer- tain travel agents, the court defined vaca- planned. Nothing in section 8109 will ample of an appropriate commercial tion cruises as including, but not limited to, bar this vessel from entering the inter- initiative.’’ Support for the pilot ‘‘any travel by a person as a passenger on a island cruise market in Hawaii or in project can also be found within the cruise ship for vacation purposes.’’ The court anyway inhibits its operation, once the maritime industry—the American also noted that the cruise business differs plans are finished and construction of Shipbuilding Association, Seafarers from carriage of cargo because the actual the vessel is completed. International Union, American Mari- ports of destination are often of only second- Mr. President, this pilot project will time Officers, American Classic Voy- ary importance to cruise passengers: help reverse the dreadful decline of the ages Company, Transportation Insti- ‘‘The purpose of taking a cruise, after all, is to enjoy a relaxing holiday aboard ship, U.S.-flag cruise industry. It will jump tute, and American Maritime Officers generally while still visiting an unfamiliar start cruise ship construction in the Service. place ashore. The cruise ship assumes re- United States, develop the U.S.-flag This project will provide the incen- sponsibility for that transportation, and can cruise industry, and help reduce U.S. tive for U.S. expansion in the cruise substantially discharge its responsibility September 25, 1997 CONGRESSIONAL RECORD — SENATE S9955 even if circumstances require it to skip, or (Fed. Cir. 1990) (‘‘When the patented product ery of these aircraft within the Defense substitute, a port of call. Getting there, in is merely one of many products that actively Department’s C–17 multiyear contract. other words, is half the fun.’’—911 F.2d at 790. compete on the market, few problems arise This agreement, combined with posi- Thus, analysis of competition on the basis between the property rights of a patent tive cost and schedule performance of ‘‘port-to-port’’ or ‘‘city-pair’’ markets, owner and the antitrust laws. . . . [Even] which might be appropriate in analyzing when the patented product is so successful under the C–17 contract, may permit competition for in the carriage of cargo, or that creates its own economic market . . . DOD to purchase up to 11 aircraft with- for the carriage of passengers on other modes the two bodies of law are actually com- in the fiscal year 1998 appropriation. of transportation such as airlines, is not plementary, as both are aimed at encourag- Thus, I believe the Senate’s objective meaningful in assessing cruise ship competi- ing innovation, industry, and competition.’’). of delivering additional C–17 aircraft in tion. Someone shipping a container, or flying Federal procurement law also recognizes a fiscal year 1998 may actually be on an airplane for business, usually has very number of circumstances in which competi- achieved without the appropriation of specific origin and destination points in tion may be restricted to serve important additional funds at this time. mind for the transportation involved. The objectives. Procurements may be conducted HOLLOMAN AIR FORCE BASE/GERALD CHAMPION same is not true, however, for cruise pas- without competitive procedures, for exam- sengers, or even vacation travelers in gen- ple, where necessary ‘‘keep vital facilities or MEMORIAL HOSPITAL SHARED FACILITY eral, for when one leisure destination often suppliers in business or make them available Mr. President, during the final ses- substitutes perfectly well for another. in the event of a national emergency,’’ 48 sion of the conference on Defense ap- One court has in fact specifically described C.F.R. § 6.302–3(b)(1)(i), to ‘‘train a selected propriations an error was made on the the competitive situation facing cruise oper- supplier in the furnishing of critical supplies amount appropriated for the Holloman ators and others in Hawaii: or services,’’ id. at (b)(1)(ii), or to ‘‘create or Air Force Base/Gerald Champion Me- ‘‘The pattern of competition within the maintain the required domestic capability morial Hospital Shared Facility. It was tourist industry is varied and intense. Ha- for production of critical supplies.’’ Id. at the intent of the conferees to appro- waii competes for tourists from the main- (b)(1)(v). See generally 10 U.S.C. § 2304(c). land United States and foreign countries. In Such procurements necessarily give the sup- priate $7 million for the shared facil- offering a relaxed tropical vacation spot, Ha- plier a leg up on its competitions in the de- ity, but the filed report reflects only $5 waii competes with South Pacific and other velopment and sale of the product being sup- million. This project was strongly sup- offshore destinations. It thus operates in a plied, but they do not in any sense grant the ported by the Secretary of the Air national and international market.’’— seller a ‘‘monopoly.’’ Force and the Chief of Staff of the Air Waikiki Small Business Ass’n v. Anderson, Civ. Finally, Congress has often specifically re- Force during hearings conducted by stricted competition by statute to serve spe- No. 83–0806 (D. Hawaii May 14, 1984). the subcommittee. Senator DOMENICI cific policy objectives. See 10 U.S.C. Consumers of Hawaii cruises can, and do, worked very hard on this issue and I face a host of substitute choices: (1) cruises § 2304(c)(5). Examples include small business to other U.S. and overseas locations; (2) set-asides, 15 U.S.C. 637, and preferences for believe that it is a great idea. other types of Hawaiian vacations, with local suppliers in disaster relief situations, Mr. President, I have contacted the shoreside accommodations and other forms 42 U.S.C. § 5150. Last year’s Defense Author- Department of Defense about this mat- of travel between the islands. Well over 95% ization bill included a statutory direction to ter and they have assured me that they of all visitors to Hawaii are not cruise pas- enter sole source contracts with certain des- will fully fund the shared facility sengers at al. Cruises on small seacraft and ignated health care providers. Pub. L. 104–201 project at its intended level of $7 mil- yachts are available as well as inter-island § 722(b)(2), 110 Stat. 2593. The suggestion that lion. I will continue to work with Sen- voyages on larger cruise ships. Over 22,000 the provisions of Section 8097 are ‘‘unprece- ator DOMENICI to ensure full funding passengers a day fly between the islands, and dented’’ is without any basis, and would be the Honolulu—Kahului, Maui city pair is the so even if Section 8097 did, in fact, create a for this important project. I commend 3rd busiest in the United States. Aviation ‘‘monopoly,’’ which it does not. Senator DOMENICI for his efforts in this Daily, June 5, 1997, at 403; and (3) other ‘‘re- CONCLUSION regard and look forward to seeing his laxed, tropical vacation spots’’ around the While the operator of newly-built U.S.-flag vision of better quality service for our world. cruise vessels in the Hawaii trade will re- troops at a lower cost become a reality. In sum, there is no basis to the allegation ceive some protection of its investment Mr. DOMENICI. Mr. President, I that restricting the number of cruise ship through the preference created by Section thank the chairman for his support and operators between or among the Hawaiian Is- 8097, no monopoly will be created, and the for his efforts to correct this mistake. lands through the preference created by Sec- operator will still face vigorous competition I am very pleased that the chairman tion 8097 would create any ‘‘monopoly,’’ as in the markets in which it operates. that term may properly be understood. See has received the commitment from the Coastal Fuels of Puerto Rico, Inc. v. Caribbean NEW ATTACK SUBMARINE PROGRAM Department of Defense to fully fund Petroleum Corp. 79 F. 3d 182, 197–98 (1st Cir. Mr. STEVENS. Mr. President, the the shared facility. I believe that in the 1996) (seller with 90% share of sales of bunker conferees have included a general pro- end we will look back on this program fuel to ocean going vessels in Puerto Rico vision, sec. 8129, within this conference and say that it was one of the very best has no monopoly power because it competes report containing language to permit things that we did. with sellers throughout the Caribbean and the Navy to enter into a contract for PATRIOT MODIFICATION PROGRAM the Southeastern United States). the procurement of four submarines Mr. STEVENS. Mr. President, in re- CONGRESS OFTEN ‘‘RESTRICTS COMMERCE’’ IN under the New Attack Submarine Pro- view of the printed copy of the ‘‘State- ORDER TO ACHIEVE IMPORTANT OBJECTIVES gram. I would like to point out that ment of the Managers’’ that accom- There is also no basis to the suggestion this section does not provide new budg- panies H.R. 105–265, the fiscal year 1998 that Section 8097 creates some sort of ‘‘un- et authority, but rather is an earmark Department of Defense conference re- precedented restriction on commerce.’’ of the amounts appropriated under the There are numerous precedents for the kind port, we have found a typographical of preference created in Section 8097, par- heading ‘‘Shipbuilding and Conversion, error in the Patriot modification line ticularly given its purpose of protecting the Navy’’ for the New Attack Submarine of the ‘‘Missile Procurement, Army’’ substantial investment that will be nec- Program. The intent of the conferees account. The President’s budget re- essary to develop and construct the first new was not to create new budget authority quest included $20,825,000 for the con- U.S.-flag cruise ships in almost 40 years. over and above amounts set forth else- tinued modification of the Patriot mis- The patent system, established by Con- where in the bill, but rather to clarify sile system. It was the decision of the gress pursuant to Constitutional direction, the terms and conditions under which conference committee to provide a provides perhaps the most prominent exam- the New Attack Submarine contract ple of a ‘‘restriction’’ of competition to pro- total $28,825,000, an increase of $8 mil- tect, and thus encourage, investment in the may be entered into between the Navy lion above the budget request for this development of new products and services and the contractor team. program in fiscal year 1998. The addi- that otherwise would not exist. The grant of C–17 tional funds provided by the conferees a patent allows its holder to ‘‘restrict’’ com- Mr. President, the conferees on the are for the procurement of additional petition by those who would seek to sell Defense spending bill understand that GEM +/¥ upgrades for the Patriot sys- competing projects that infringe on its the manufacturer of the C–17 is build- tem. I would note that the tables on claims. Significantly, however, despite this ing two additional aircraft in fiscal restriction, holders of patents generally page 90 of House Report 105–265, do not compete in highly competitive markets; the year 1998 for potential commercial reflect the intent of the conferees. grant of the patent does not create itself any sale. However, the Air Force has an It would be my hope that the Army ‘‘monopoly.’’ See Atari Games Corp. v. agreement with the contractor which would execute this program to reflect Nintendo of America, Inc., 897 F.2d 1572, 1576 may permit DOD to accept early deliv- the intent of the conferees and further, S9956 CONGRESSIONAL RECORD — SENATE September 25, 1997 that the Army use its reprogramming Following these votes, I encourage fords a good opportunity to debate authority to provide the recommended the managers to remain on the floor campaign finance reform. It takes into funding level of the conference com- for any additional amendments Mem- account the Jewish holiday and the mittee. I intend to work with my rank- bers may want to offer to the pending need for our Jewish colleagues to be ing member, Senator INOUYE and Rep- D.C. appropriations bill. I believe per- away. It does afford the opportunity, as resentatives YOUNG and MURTHA to in- haps there is a Senator that is waiting well, to take up other issues later on in sure this program is not inappropri- that will have an amendment that he October. I think it is a very good ately reduced because of a administra- could offer tonight, and have debated, schedule and I look forward to getting tive error. if it is not worked out in the interim. into the debate tomorrow and working PRINTING ERRORS On Friday, tomorrow, beginning at 10 with the majority leader to schedule Mr. President, I would like to bring o’clock a.m., the Senate will begin con- the other matters as they come avail- to the attention of Members three ty- sideration of the campaign finance re- able to us. pographical errors that appear in the form legislation. I expect a full day of I hope our colleagues would avail statement of the managers to accom- debate on that issue. However, no votes themselves of the opportunity to begin pany H.R. 2266. On page 76, under ‘‘Op- will occur during Friday’s session of the debate tomorrow. I know I will be eration and Maintenance, Air Force’’, the Senate. on the floor, and I am sure many of my the REMIS program should read as an On Monday, the Senate will resume colleagues will, and we will have a good increase of $8.9 million and not a de- consideration of the campaign finance debate. I am sure we will have a num- crease. On page 119, ‘‘Research, Devel- reform bill. Again, however, no votes ber of opportunities to debate amend- opment, Test and Evaluation, Navy’’, will occur at that time. ments and have votes over the course under the heading ‘‘Undersea Warfare On Tuesday, September 30, I expect of that time. Weaponry Technology’’, the 6.25-inch that following the 11 a.m. cloture vote Mr. LOTT. I might say, Mr. Presi- torpedo project should read as an in- the Senate might be in a position to dent, continuing with my leader time, crease of $3 million and not zero. On complete action on the last remaining I met with the committee leaders and page 125, ‘‘Research, Development, Test appropriation bill, the D.C. appropria- discussed legislation on both sides of and Evaluation, Air Force’’, under the tions bill. It will depend on what hap- the aisle—for instance, the ISTEA, or heading ‘‘Space and Missile Rocket pens, of course, with the vote on the the highway infrastructure bill—as to Propulsion’’, the total amount should Coats amendment, and there are a cou- when they would be ready with that read $18,147 and not $18,847. All of these ple of other key amendments that are legislation to go to the floor and how programs were listed correctly in the still pending. Also, since Tuesday is much time that might take. We also official conference papers. The typo- the end of fiscal year, the Senate will have been looking at fast-track trade graphical errors appear in the project consider the continuing resolution. We legislation, when that might be avail- level adjustment tables and do not af- believe we have a continuing resolution able. fect the funding levels in the bill. agreed to that will be clean, and with a It was obvious to me that we had a Mr. President, I ask for the yeas and date that I discussed with the Demo- window here in the next few days that nays on our conference report. cratic leader and with our leadership we could take up the debate on cam- The PRESIDING OFFICER. Is there a on the other side of the Capitol. There- paign finance reform, but as we got on sufficient second? There is a sufficient fore, votes will occur throughout the into October we would need to have second. day on Tuesday, and of course the time for the highway bill and the fast- The yeas and nays were ordered. pending business at that time will still track legislation. Mr. STEVENS. Mr. President, in be campaign finance reform. I do think it is important that we order to notify the leader—it is time Wednesday, October 1, is the start of continue our effort to get a 6-year for him to make a statement concern- the Jewish holiday. Therefore, votes transportation bill that is within the ing the proceedings—I suggest the ab- will not occur past 1 p.m. However, the budget. I have been discussing this sence of a quorum. Senate will be considering the cam- with the chairman of the committee The PRESIDING OFFICER. The paign finance reform bill for debate as and the ranking member. They agree. clerk will call the roll. long as Members want to remain into So we intend to go forward somewhere The assistant legislative clerk pro- the evening. On Thursday, October 2, around the 7th or 8th on the highway ceeded to call the roll. there will be no rollcall votes in ob- infrastructure bill. Mr. LOTT. Mr. President, I ask unan- servance of the Jewish holiday. I just wanted to give that expla- imous consent that the order for the I expect the Senate to resume consid- nation as to why this decision was quorum call be rescinded. eration of the campaign finance reform made. The PRESIDING OFFICER. Without bill on Friday, October 3. However, no Mr. DASCHLE. If I could ask the ma- objection, it is so ordered. votes will occur. Again, with regard to jority leader a question, I made an as- Mr. LOTT. Mr. President, I ask unan- the 3d, we want to talk with all the in- sumption about the schedule. It just imous consent to proceed under my terested Senators to see whether we occurred to me that I had not clarified leader time. want to have debate or not. Then we this, but I assume that the majority The PRESIDING OFFICER. Without will continue on campaign finance re- leader would anticipate votes on cam- objection, it is so ordered. form the next week but we would like paign finance reform on Tuesday the f to reserve further commitments on 30th and Wednesday the 1st of October; time or identification of when votes is that correct? SENATE SCHEDULE might occur until we have had time to Mr. LOTT. I had not anticipated Mr. LOTT. I apologize for the delay get started with the debate and see votes at that time. I assume those in starting the votes that we have how things go. days, most of the votes will be on the scheduled, but we were having some I thank my colleagues for their co- appropriation conference reports and very important discussions that will operation and remind Senators follow- the continuing resolution. affect the schedule for the next several ing these two back-to-back votes there I had thought we would need more days that I wanted to discuss with the will be no further votes today, and the time for debate before we started vot- minority leader and with the inter- next vote will occur 11 a.m. on Tues- ing on that. I didn’t specify it, but I as- ested Senators. day, September 30. sumed the votes would not come until For the information of all Senators, Mr. DASCHLE. Mr. President, I ap- the 6th or 7th of October. these next two votes will be the last preciate the opportunity to have some Mr. MCCAIN. Will the Senator yield? votes for the week. The next vote will discussion with the majority leader Mr. LOTT. I yield the floor. occur at 11 a.m. on Tuesday, September about this schedule. I have not had the Mr. MCCAIN. First of all, I thank the 30, on a motion to invoke cloture on opportunity to discuss this matter at majority leader. It is an affirmation of the Coats amendment to the D.C. ap- any great length with our colleagues, the word he gave last week which all of propriations bill regarding scholar- but I want to thank the majority lead- us here in this body knew was going to ships. er. I think this is a schedule that af- happen, and did not need a letter from September 25, 1997 CONGRESSIONAL RECORD — SENATE S9957 the President of the United States. I do The assistant legislative clerk called There is a sufficient second. thank the majority leader for the time- the roll. The yeas and nays were ordered. ly consideration of this issue. Mr. FORD. I announce that the Sen- The PRESIDING OFFICER. The Let me also just point out I under- ator from Delaware [Mr. BIDEN] and the question is, Will the Senate advise and stand that there has to be vigorous de- Senator from Maryland [Ms. MIKULSKI] consent to the nomination of Kath- bate on this issue. There also has to be are necessarily absent. arine Sweeney Hayden, of New Jersey, votes. It is our intention to have votes The PRESIDING OFFICER. Are there to be U.S. district judge for the Dis- on various amendments throughout any other Senators in the Chamber de- trict of New Jersey? On this question, this debate, and we need to have every- siring to vote? the yeas and nays have been ordered, one on record on this issue. Also, I The result was announced—yeas 93, and the clerk will call the roll. know I can count on the majority lead- nays 5, as follows: The legislative clerk called the roll. er and the distinguished Democratic [Rollcall Vote No. 258 Leg.] Mr. NICKLES. Mr. President, I an- leader in trying to bring closure to this YEAS—93 nounce that the Senator from Ver- debate, to this issue, after reasonable Abraham Faircloth Lott mont, [Mr. JEFFORDS] is necessarily ab- debate, in one fashion or another. Akaka Feinstein Lugar sent. Again, I want to thank the majority Allard Ford Mack Mr. FORD. I announce that the Sen- Ashcroft Frist McCain ator from Delaware [Mr. BIDEN] and the leader. It shows again the majority Baucus Glenn McConnell leader of this Senate, as was the case Bennett Gorton Moseley-Braun Senator from Maryland [Ms. MIKULSKI] when the other side was the majority, Bingaman Graham Moynihan are necessarily absent. when the leader gives his word, when Bond Gramm Murkowski The result was announced—yeas 97, Boxer Grams Murray the majority leader gives his word, it is Breaux Grassley Nickles nays 0, as follows: good. And if it were otherwise, this Brownback Gregg Reed [Rollcall Vote No. 259 Ex.] body does not function. Bryan Hagel Reid YEAS—97 Burns Hatch Robb I thank the majority leader and I Byrd Helms Roberts Abraham Feingold Lugar thank the Democratic leader for all of Campbell Hollings Rockefeller Akaka Feinstein Mack his cooperation. Chafee Hutchinson Roth Allard Ford McCain Ashcroft Frist McConnell Mr. STEVENS. Will the Senator Cleland Hutchison Santorum Coats Inhofe Sarbanes Baucus Glenn Moseley-Braun yield? Cochran Inouye Sessions Bennett Gorton Moynihan Mr. LOTT. I am happy to yield to the Collins Jeffords Shelby Bingaman Graham Murkowski Senator. Conrad Johnson Smith (NH) Bond Gramm Murray Coverdell Kempthorne Smith (OR) Boxer Grams Nickles Mr. STEVENS. Mr. President, I note Craig Kennedy Snowe Breaux Grassley Reed that there is an understanding between D’Amato Kerrey Specter Brownback Gregg Reid us that conference reports coming out Daschle Kerry Stevens Bryan Hagel Robb Bumpers Harkin Roberts of the Appropriations Committee will DeWine Kyl Thomas Dodd Landrieu Thompson Burns Hatch Rockefeller receive prompt attention, but I wanted Domenici Lautenberg Thurmond Byrd Helms Roth to make sure everyone understands Dorgan Leahy Torricelli Campbell Hollings Santorum that means putting aside anything Durbin Levin Warner Chafee Hutchinson Sarbanes Enzi Lieberman Wyden Cleland Hutchison Sessions that is here, to try and get these bills Coats Inhofe Shelby to the President before the end of the NAYS—5 Cochran Inouye Smith (NH) fiscal year. Bumpers Harkin Wellstone Collins Johnson Smith (OR) Feingold Kohl Conrad Kempthorne Snowe Mr. LOTT. Mr. President, they are Coverdell Kennedy Specter privileged, and would be brought up as NOT VOTING—2 Craig Kerrey Stevens D’Amato Kerry Thomas soon as they are available. That is our Biden Mikulski highest priority as we reach the end of Daschle Kohl Thompson The conference report was agreed to. DeWine Kyl Thurmond the fiscal year, and we want to move to Mr. INOUYE. Mr. President, I move Dodd Landrieu Torricelli immediate consideration of a continu- to reconsider the vote by which the Domenici Lautenberg Warner ing resolution also when it is available, Dorgan Leahy Wellstone conference report was agreed to. Durbin Levin Wyden if it is necessary, which I presume it Mr. HOLLINGS. I move to lay that Enzi Lieberman will be. motion on the table. Faircloth Lott Mr. STEVENS. Mr. President, the The motion to lay on the table was NOT VOTING—3 pending unanimous-consent agreement agreed to. Biden Jeffords Mikulski would provide 8 hours on that. I hope f that, too, would be subject to taking The nomination was confirmed. up the conference reports as they be- EXECUTIVE SESSION STATEMENT ON NOMINATION OF JUDGE come available. KATHERINE SWEENEY HAYDEN Mr. LOTT. It would be. I hope we Mr. LEAHY. Mr. President, today is would not take 8 hours on the CR. I NOMINATION OF KATHARINE the 40th anniversary of the beginning hope we have an understanding what is SWEENEY HAYDEN, OF NEW JER- of the end of racial segregation in the in it. It would be clean, I believe. There SEY, TO BE U.S. DISTRICT public schools in Little Rock, AR. As are only two amendments in order, one JUDGE FOR THE DISTRICT OF we turn to reflect on Little Rock and on each side. I hope maybe that would NEW JERSEY the aftermath of the Supreme Court’s not be necessary and we would have The PRESIDING OFFICER (Mr. landmark decision on public school short debate and go straight to vote. DEWINE). Under the previous order, the segregation, we should consider the im- Mr. STEVENS. I am sure Senator Senate will go into executive session to portant lessons those times still hold BYRD and I appreciate that very much. consider the nomination of Katharine for us today. Little Rock was a testing Mr. LOTT. I yield the floor. Sweeney Hayden, of New Jersey, to be point in our history when the rule of f U.S. district judge for the District of law and respect for our courts and Con- New Jersey, which the clerk will re- stitution prevailed. DEPARTMENT OF DEFENSE AP- port. Three years earlier, the Supreme PROPRIATIONS ACT, 1998—CON- The legislative clerk read the nomi- Court’s unanimous Brown versus Board FERENCE REPORT nation of Katharine Sweeney Hayden, of Education decision prompted a con- The PRESIDING OFFICER. Under of New Jersey, to be U.S. district judge certed assault on the judiciary. On the previous order, the yeas and nays for the District of New Jersey. March 12, 1956, 81 Members of Congress have been ordered on the defense ap- Mr. NICKLES. Mr. President, I ask signed a resolution condemning that propriations conference report. The for the yeas and nays on the nomina- ruling as a ‘‘clear abuse of judicial question is on agreeing to the con- tion. power’’ and part of a ‘‘trend in the Fed- ference report. The PRESIDING OFFICER. Is there a eral judiciary to legislate, in deroga- The clerk will call the roll. sufficient second? tion of the authority of Congress, and S9958 CONGRESSIONAL RECORD — SENATE September 25, 1997 to encroach upon the reserved rights of model for emerging democracies ing on the Senate Calendar. Her nomi- the people.’’ Billboards sprouted around the world. nation has been held up for the last 21⁄2 around the country demanding the im- Something that sets our Nation—the months without explanation and I am peachment of Chief Justice Earl War- world’s oldest continuing democracy— glad to see it finally being brought for- ren. Justice Clarence Thomas recalls apart from virtually all others is the ward. I congratulate Judge Sweeney that as a young man his ‘‘most vivid independence of our Federal judiciary Hayden and her family and look for- childhood memory of the Supreme and the respect that the public and ward to her service on the federal Court was the ‘Impeach Earl Warren’ that political leaders give it. Every court. signs that lined Highway 17 near Sa- fledgling democracy sends observers to I spoke on September 5 and 11 urging vannah. I didn’t understand who this the United States to study and emulate that this nomination and the others on Earl Warren fellow was, but I knew he our independent judiciary, the envy of the calendar be considered. There are was in some kind of trouble.’’ the world. The independence of our now five other judicial nominations It should concern all of us that a pat- third, coequal branch of Government ready for Senate consideration. Unfor- tern resembling that which followed gives it the ability to fairly and impar- tunately, they are not being taken up the Supreme Court’s decision in Brown tially arbiter disputes, to prevent over- today and I know of no plan for them is being repeated. It has once again be- reaching by the other two branches, to be taken up any time soon. come fashionable in some quarters to and to defend our individual rights and With Senate confirmation of these sloganeer about impeaching Federal freedoms that are so susceptible to the district judges, the Senate will still be judges. This year’s continuing attack gusting political winds of the moment. a confirmation short of the dismal on the judicial branch, the slowdown in In the 23 years that I have been privi- total of last year. We still have more the processing of the scores of good leged to serve in the U.S. Senate I have than 40 nominees among the 68 nomi- women and men the President has never known a time when the Senate’s nations sent to the Senate by the nominated to fill vacancies on the Fed- leadership, Republican or Democratic, President who are pending before the eral courts, and widespread threats of would tolerate partisan and ideological Judiciary Committee and have yet to impeachment are all part of a partisan, politics to so divert the institution be accorded even a hearing during this ideological effort to intimidate the ju- from its constitutional responsibilities Congress. diciary. Extremist elements have to the third, coequal branch of Govern- Many of these nominations have been turned their fire on the branch of Gov- ment. pending since the very first day of this ernment most protective of our free- The Nation needs to move forward, as session, having been renominated by doms but the least equipped to protect we did after President Eisenhower the President. Several of those pending itself from political attacks. acted to restore the rule of law. The before the committee had hearings or We are hearing from some Members citizens of Little Rock and other cities were reported favorably last Congress of Congress a clamor for impeachment throughout the country accepted the but have been passed over so far this when a judge renders a decision that ir- constitutional imperative to end seg- year, while the vacancies for which ritates them. We are hearing demands regated schools. A few years later Con- they were nominated over 2 years ago that Congress destroy the orderly proc- gress acted to pass the historic Civil persist. The committee has 10 nomi- ess of appellate court and Supreme Rights Act of 1964 and the Voting nees who have been pending for more Court review and, instead, assume the Rights Act of 1965. In 1997, can anyone than a year, including 5 who have been role of a supercourt that would legisla- say that we are not a better and pending since 1995. tively review and veto individual deci- stronger nation for having honored the While I am encouraged that the Sen- sions. We are seeing proposals to Supreme Court’s Brown decision by en- ate is today proceeding with the nomi- amend the Constitution, to eliminate forcing it in Little Rock? nation of Judge Sweeney Hayden, there the independence and lifetime tenure The American people know that a is no excuse for the committee’s delay of judges. Extreme rhetoric and out- fair and impartial judiciary is key to in considering the nominations of such landish proposals have contributed to a maintaining our democracy and our outstanding individuals as Prof. Wil- poisonous atmosphere in which the rights. The continuing partisan cam- liam A. Fletcher; Judge James A. Federal justice system is overloaded. paign against qualified and fair judicial Beaty, Jr.; Judge Richard A. Paez; Ms. Last week on the 210th anniversary nominees has to come to an end. If the M. Margaret McKeown; Ms. Ann L. of the signing of the Constitution, a judiciary is to retain its ability to pro- Aiken; and Ms. Susan Oki Mollway, to newspaper reported that the majority tect our rights and freedoms as we name just a few of the outstanding leader of the Senate applauded the idea move into a new century of American nominees who have all been pending all of Republicans plotting to intimidate history, if it is to serve as a check on year without so much as a hearing. the Federal judiciary, commenting the political branches, it must have the Professor Fletcher and Ms. Mollway that ‘‘it sounds like a good idea to judges and resources necessary to the had both been favorably reported last me.’’ For the majority leader of the task. Vacant courtrooms and empty year. Judge Paez and Ms. Aiken had Senate to join an acknowledged attack benches cannot hear criminal trials, hearings last year but have been passed on the independence and integrity of enforce our environmental protection over so far this year. Nor is there any the Federal judiciary is a troubling and laws, resolve legal claims or uphold the explanation or excuse for the Senate disappointing development that shows Constitution against encroachment. not immediately proceeding to con- how easily political leaders can suc- I am delighted that the majority sider the other five judicial nomina- cumb to such political temptations, leader has decided to take up the nomi- tions pending on the Senate Calendar. even at the expense of the checks and nation of Judge Katherine Sweeney The Senate continues to lag well be- balances that are needed to protect our Hayden to be a U.S. district judge for hind the pace established by Majority rights. the District of New Jersey. Judge Leader Dole and Chairman HATCH in It is one thing to criticize the reason- Sweeney Hayden is a well-qualified the 104th Congress. By this time 2 ing of an opinion, or the result in a nominee. years ago, the Senate had confirmed 36 case, or to introduce legislation to Since 1991, the nominee has been a Federal judges. With today’s actions, change the law. It is quite another judge on the superior court in Newark, the Senate will have confirmed less matter to undercut the separation of NJ. The ABA has unanimously found than one-half that number, only 16 powers and the independence that the her to be well qualified, its top rating. judges. We still face almost 100 vacan- Founders created to insulate the judi- She has the support of Senators LAU- cies and have 50 pending nominees to ciary from politics. Independent judi- TENBERG and TORRICELLI. She had a consider with more arriving each week. cial review has been a crucial check on confirmation hearing on June 25 and For purposes of perspective, let us two political branches of our Govern- was reported by the Judiciary Commit- also recall that by August 1992, during ment that has served us so well for tee on July 10 along with the nomina- the last year of President Bush’s term, more than two centuries. This bedrock tion of Anthony Ishii to be a district a Democratic majority in the Senate principle has helped preserve our free- judge in the Eastern District of Califor- had confirmed 53 of the 68 nominees doms and helped make this country the nia, whose nomination remains pend- sent to us by a Republican President. September 25, 1997 CONGRESSIONAL RECORD — SENATE S9959 By the end of August this year, this 1996. She had a confirmation hearing She does not deserve this treatment. Senate had acted on only 9 out of 61 and was unanimously reported to the This type of treatment will drive good nominees. Indeed, by the end of Sep- Senate by the Judiciary Committee in people away. tember in President Bush’s final year June 1996. Her nomination was, thus, The President of the Women Lawyers in office, the Senate confirmed 59 of his first pending before the Senate more Association of Los Angeles, the Presi- 72 nominees. This Senate is on pace to than 15 months ago. This was one of a dent of the Women’s Legal Defense confirm only 16 out of a comparable number of nominations caught in the Fund, the President of the Los Angeles number of nominations. election year shutdown. County Bar Association, the President Those who delay or prevent the fill- She was renominated on the first day of the National Conference of Women’s ing of these vacancies must understand of this session. She had her second con- Bar Association and other distin- that they are delaying or preventing firmation hearing in March. She was guished attorneys from the Los Ange- the administration of justice. We can then held off the Judiciary agenda les area have all written the Senate in pass all the crime bills we want, but while she underwent rounds of written support of the nomination of Margaret you cannot try the cases and incarcer- questions. When she was finally consid- Morrow. They write that: ‘‘Margaret ate the guilty if you do not have ered on June 12, she was again favor- Morrow is widely respected by attor- judges. The mounting backlogs of civil ably reported with the support of neys, judges and community leaders of and criminal cases in the dozens of Chairman HATCH. She has been left both parties’’ and she ‘‘is exactly the emergency districts, in particular, are pending on the Senate Executive Cal- kind of person who should be appointed growing taller by the day. National endar for more three months and has to such a position and held up as an ex- Public Radio has been running a series been passed over, time and again, with- ample to young women across the of reports all this week on the judicial out justification or explanation. country.’’ I could not agree more. crises and quoted the chief judge and What is this mystery hold all about? Mr. President, the Senate should U.S. attorney from San Diego earlier In spite of my repeated attempts to move expeditiously to consider and this week to the effect that criminal find out who is holding up consider- confirm Margaret Morrow, along with matters are being affected. ation of this outstanding nominee, and Anthony Ishii, Richard Lazzara, Chris- I have spoken about the crisis being why, I am at a loss. tina Snyder and Marjorie Rendell. created by the vacancies that are being (At the request of Mr. DASCHLE, the Ms. Morrow is a qualified nominee to perpetuated on the Federal courts following statement was ordered to be the district court. I have heard no one around the country. At the rate that printed in the RECORD.) contend to the contrary. She has been we are going, we are not keeping up f put through the proverbial wringer— with attrition. When we adjourned last including at one point being asked her EXPLANATION OF ABSENCE Congress there were 64 vacancies on private views, how she voted, on 160 the federal bench. After the confirma- ∑ Mr. BIDEN. Mr. President, this tion of 16 judges in 9 months, there has California initiatives over the last 10 evening, the Senate conducted two been a net increase of 32 vacancies. The years. rollcall votes—on the conference report Chief Justice of the Supreme Court has The committee insisted that she do a to the Defense Department Appropria- called the rising number of vacancies homework project on Robert Bork’s tions bill and on the nomination of ‘‘the most immediate problem we face writings and on the jurisprudence of Katharine Sweeney Hayden to be U.S. in the Federal judiciary.’’ original intent. Is that what is required District Judge for the District of New The Judiciary Committee has heard to be confirmed to the district court in Jersey. Unfortunately, I was not testimony from second circuit, ninth this Congress? present for those votes. circuit and 11th circuit judges about With respect to the issue of ‘‘judicial Tonight, at my daughter’s school in the adverse impact of vacancies on the activism,’’ we have the nominee’s Wilmington is what is called mini ros- ability of the Federal courts to do jus- views. She told the committee: ter night. That is what most people tice. The effect is seen in extended The specific role of a trial judge is to apply know as open house or parents’ night— delay in the hearing and determination the law as enacted by Congress and inter- where the parents go around and meet of cases and the frustration that liti- preted by the Supreme Court and courts of all of the teachers. Because of the Sen- gants are forced to endure. The crush- appeals. His or her role is not to make law. ate voting schedule, I will either have ing caseload will force Federal courts She also noted: to miss votes or miss mini roster night to rely more and more on senior Given the restrictions of the case and con- at my daughter’s school. judges, visiting judges and court staff. troversy requirement, and the limited nature On both matters voted on tonight, Judges from the Second Circuit of legal remedies available, the courts are ill my position is already on the record, Court of Appeals testified, for example, equipped to resolve the broad problems fac- and my vote is not expected to change that over 80 percent of its appellate ing our society, and should not undertake to the outcome. do so. That is the job of the legislative and With regard to the defense bill, I court panels over the next 12 months executive branches in our constitutional cannot be filled by members of that structure. voted for the bill on July 15 when it court but will have to be filled by visit- passed the Senate by the overwhelming Margaret Morrow was the first ing judges. This is wrong. margin of 94–4. There have been no sub- We ought to proceed without delay to woman President of the California Bar stantial changes in the legislation, and consider the nomination of Judge Association and also a past president of I continue to support it. Sonia Sotomayor to the second circuit the Los Angeles County Bar Associa- On July 10, the Senate Judiciary and move promptly to fill vacancies tion. She is an exceptionally well- Committee reported out the nomina- that are plaguing the second and ninth qualified nominee who is currently a tion of Katharine Sweeney Hayden to circuits. We need to fill the 5-year-old partner at Arnold & Porter and has be a New Jersey district judge. I sup- vacancy in the Northern District of practiced for 23 years. She is supported ported her nomination, and I continue New York and move on nominations by Los Angeles’ Republican Mayor to do so. for over 30 judicial emergency dis- Richard Riordan and by Robert Again, Mr. President, on both mat- tricts. Bonner, the former head of DEA under ters, my vote is not expected to change In choosing to proceed on this nomi- a Republican Administration. Rep- the outcome, and therefore, I have de- nee, the Republican leadership has cho- resentative JAMES ROGAN attended her cided to attend parents’ night at my sen for at least the fourth time this second confirmation hearing to endorse daughter’s school. I appreciate the un- month to skip over the nomination of her. derstanding of my colleagues and my Margaret Morrow. I, again, urge the Margaret Morrow has devoted her ca- constituents.∑ Senate to consider the long-pending reer to the law, to getting women in- f nomination of Margaret Morrow to be volved in the practice of law and to a district court judge for the Central making lawyers more responsive and LEGISLATIVE SESSION District of California. responsible. Her good works should not The PRESIDING OFFICER. Under Ms. Morrow was first nominated on be punished but commended. Her public the previous order, the Senate returns May 9, 1996—not this year, but May service ought not be grounds for delay. to legislative session. S9960 CONGRESSIONAL RECORD — SENATE September 25, 1997 DISTRICT OF COLUMBIA tion. If he wishes to set aside the pend- (4) in subsection (b), by adding after para- APPROPRIATIONS ACT, 1998 ing amendment and proceed with an graph (2) the following new paragraph— amendment of his own, it would re- ‘‘(3) SPECIAL RULE FOR CERTAIN ALIENS COV- The Senate continued with the con- ERED BY THE SETTLEMENT AGREEMENT IN sideration of the bill. quire unanimous consent. American Baptist Churches et al. v. Thornburgh Mr. GRAHAM addressed the Chair. Mr. COATS. On the part of the Sen- (ABC), 760 F. Supp. 796 (N.D. Cal. 1991)— The PRESIDING OFFICER. The Sen- ator from Florida. ‘‘(A) The Attorney General may, in his or ator from Florida. The PRESIDING OFFICER. On the her discretion, cancel removal and adjust the Mr. GRAHAM. Mr. President, I send part of the Senator from Florida. status from such cancellation in the case of an amendment to the desk—— The Senator from Florida. an alien who is removable from the United Mr. COATS. Mr. President, par- Mr. GRAHAM. Mr. President, my States if the alien demonstrates that— purpose, with my colleague, is solely to (i) the alien has not been convicted at any liamentary inquiry. What is the regu- time of an aggravated felony and lar order? introduce an amendment which we will ‘‘(I) was not apprehended after December The PRESIDING OFFICER. Does the then ask to be set aside for consider- 19, 1990, at the time of entry, and is either Senator from Florida yield for a par- ation on Tuesday. We will be, I think, ‘‘(aa) a Salvadoran national who first en- liamentary inquiry? less than 90 seconds in completing this tered the United States on or before Septem- Mr. GRAHAM. I yield for a par- task. So I ask unanimous consent to ber 19, 1990, and who registered for benefits liamentary inquiry but retaining the set aside the pending amendment for pursuant to the ABC settlement agreement floor. the purpose of offering this amendment on or before October 31, 1991, or applied for Mr. COATS. Mr. President, it was my Temporary Protected Status on or before Oc- in hopes that we complete this task, tober 31, 1991; or understanding that we would imme- and then we will relinquish the floor. ‘‘(bb) a Guatemalan national who first en- diately return, after these votes, under The PRESIDING OFFICER. Is there tered the United States on or before October the previous unanimous-consent re- objection? Without objection, it is so 1, 1990, and who registered for benefits pursu- quest, to consideration of the pending ordered. The Senator from Florida. ant to the ABC settlement agreement by De- cember 31, 1991; or amendment and that there was a little AMENDMENT NO. 1252 bit of time remaining. I only say that, ‘‘(cc) the spouse or unmarried son or (Purpose: To provide relief to certain aliens daughter of an alien described in (aa) of this not because I want to use the time—I who would otherwise be subject to removal subclause, provided that the spouse, son or know Members want to speak on a from the United States) daughter entered the United States on or be- number of subjects—but because Sen- Mr. GRAHAM. Mr. President, I send fore September 19, 1990, or the spouse or un- ator BROWNBACK had been on the list to an amendment to the desk and ask for married son or daughter of an alien described speak. He was precluded by the clock its immediate consideration. in (bb) of this subclause, provided that the when we shifted over under the order. I The PRESIDING OFFICER. The spouse, son or daughter entered the United am just inquiring as to whether or not clerk will report. States on or before October 1, 1990; or The legislative clerk read as follows: ‘‘(II) is an alien who that is the case. (aa) is a Nicaraguan, Guatemalan, or Sal- The Senator from Florida [Mr. GRAHAM], The PRESIDING OFFICER. The Sen- vadoran who filed an application for asylum for himself, Mr. MACK, and Mr. KENNEDY, ator is correct. There is a pending with the Immigration and Naturalization proposes an amendment numbered 1252. amendment, and the Senator controls Service before April 1, 1990, and the Immigra- 29 minutes. It would take unanimous Mr. GRAHAM. Mr. President, I ask tion and Naturalization Service had not consent to set it aside. unanimous consent that reading of the granted, denied, or referred that application The Senator from Florida was the amendment be dispensed with. as of April 1, 1997; or first Senator to seek recognition when The PRESIDING OFFICER. Without (bb) is the spouse or unmarried son or we returned to the amendment. objection, it is so ordered. daughter of an alien described in (aa) of this Mr. COATS. Mr. President, I want to, The amendment is as follows: subclause, provided that the spouse, son or daughter entered the United States on or be- first of all, inform my colleagues that At the appropriate place, insert the follow- ing new section: fore April 1, 1990; and I have no intention of using the 29 min- ‘‘(ii) the alien is not described in paragraph ‘‘SEC.—. IMMIGRATION REFORM TRANSITION ACT utes. OF 1997. (4) of section 237(a) or paragraph (3) of sec- I do, also, though, want to say that I (a) IN GENERAL.—Section 240A, subsection tion 212(a) of the Act; and had promised the Senator from Kansas (e), of the Immigration and Nationality Act ‘‘(iii) the alien ‘‘(I) is removable under any law of the he would be first up. He has commit- is amended— United States except the provisions specified ments. I have commitments. He was in (1) in the first sentence, by striking ‘‘this section’’ and inserting in lieu thereof’’ sec- in subclause (II) of this clause, has been line, and the clock precluded him from physically present in the United States for a getting his statement in. I would be tion 240A(b)(l)’’; (2) by striking ’’, nor suspend the deporta- continuous period of not less than seven willing to forgo all but about 1 minute tion and adjust the status under section years immediately preceding the date of of my remarks if we could go forward 244(a) (as in effect before the enactment of such application, and proves that during all with this, and we will get to the other the Illegal Immigration Reform and Immi- of such period he was and is a person of good Senators as quickly as possible. A lot grant Responsibility Act of 1996),’’; and moral character, and is a person whose re- of people have been waiting all after- (3) by striking the last sentence in the sub- moval would, in the opinion of the Attorney section and inserting in lieu thereof: ‘‘The General, result in extreme hardship to the noon to speak, but they were not al- alien or to his spouse, parent, or child, who lowed to speak because of the unani- previous sentence shall apply only to re- moval cases commenced on or after April 1, is a citizen of the United States or an alien mous consent agreement. We had 1997, including cases where the Attorney lawfully admitted for permanent residence; promised them, if they were here right General exercises authority pursuant to or after the votes, they would be first up. paragraphs (2) or (3) of section 309(c) of the ‘‘(II) is removable under paragraph (2) Mr. BUMPERS addressed the Chair. Illegal Immigration Reform and Immigrant (other than section 237(a)(2)(A)(iii)) of sec- The PRESIDING OFFICER. The Sen- Responsibility Act of 1996 (P.L. 104–208, Divi- tion 237(a), paragraph (3) of section 237(a), or ator from Florida has the floor, having sion C, 110 Stat. 3009).’’. paragraph (2) of section 212(a), has been been recognized. The Senator from (b) REPEALERS.—Section 309, subsection physically present in the United States for a continuous period of not less than 10 years Florida, having heard the explanation, (c), of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (P.L. immediately following the commission of an is in position to control the time. act, or the assumption of a status, constitut- Has unanimous consent been re- 104–208, Division C, 110 Stat. 3009) is amended by striking paragraphs (5) and (7). ing a ground for deportation, and proves that quested? (c) SPECIAL RULE.—Section 240A of the Im- during all of such period he has been and is Mr. COATS. Mr. President, par- migration and Nationality Act is amended— a person of good moral character, and is a liamentary inquiry. I do not mean to (1) In subsection (b), paragraph (3), by person whose removal would, in the opinion drag this out here. I don’t understand striking ‘‘(1) or (2)’’ in the first and third of the Attorney General, result in excep- the procedure. I thought anything sentences of that paragraph and inserting in tional and extremely unusual hardship to other than the pending amendment was lieu thereof ‘‘(1), (2), or (3)’’, and by striking the alien or to his spouse, parent or child, out of order without unanimous con- the second sentence of that paragraph; who is a citizen of the United States, or an (2) In subsection (b), by redesignating para- alien lawfully admitted for permanent resi- sent, that recognition had nothing to graph (3) as paragraph (4); dence. do with it. (3) In subsection (d), paragraph (1), by ‘‘(B) Subsection (d) of this section shall not The PRESIDING OFFICER. The Sen- striking ‘‘this section.’’ and inserting in lieu apply to determinations under this para- ator from Florida achieved recogni- thereof’’ subsections (a), (b)(1), and (b)(2).’’; graph, and an alien shall not be considered September 25, 1997 CONGRESSIONAL RECORD — SENATE S9961 to have failed to maintain continuous phys- previous sentence shall apply only to re- moval would, in the opinion of the Attorney ical presence in the United States under moval cases commenced on or after April 1, General, result in extreme hardship to the clause (A)(iii) of this paragraph if the alien 1997, including cases where the Attorney alien or to his spouse, parent, or child, who demonstrates that the absence from the General exercises authority pursuant to is a citizen of the United States or an alien United States was brief, casual, and inno- paragraphs (2) or (3) of section 309(c) of the lawfully admitted for permanent residence; cent, and did not meaningfully interrupt the illegal Immigration Reform and Immigrant or— continuous physical presence. Responsibility Act of 1996 (P.L. 104–208, Divi- ‘‘(II) is removable under paragraph (2) ‘‘(C) The determination by the Attorney sion C, 110 Stat. 3009).’’. (other than section 237(a)(2)(A)(iii)) of sec- General whether an alien meets the require- (b) REPEALERS.—Section 309, subsection tion 237(a), paragraph (3) of section 237(a), or ments of subparagraph (A) or (B) of this (c), of the illegal Immigration Reform and paragraph (2) of section 212(a), has been paragraph is final and shall not be subject to Immigrant Responsibility Act of 1996 (P.L. physically present in the United States for a review by any court. Nothing in the preced- 104–208, Division C, 110 Stat. 3009) is amended continuous period of not less than 10 years ing sentence shall be construed as limiting by striking paragraphs (5) and (7). immediately following the commission of an the application of subparagraph (B) of sec- (c) Special Rule.—Section 240A of the Im- act, or the assumption of a status, constitut- tion 242(a)(2) to other eligibility determina- migration and Nationality Act is amended— ing a ground for deportation, and proves that tions pertaining to discretionary relief under (1) In subsection (b), paragraph (3), by during all of such period he has been and is this Act.’’ striking ‘‘(1) or (2)’’ in the first and third a person of good moral character, and is a (d) EFFECTIVE DATE OF SUBTITLE (C).—The sentences of that paragraph and inserting in person whose removal would, in the opinion amendments made by subtitle (c) shall be ef- lieu thereof ‘‘(1), (2), or (3)’’, and by striking of the Attorney General, result in excep- fective as if included in Illegal Immigration the second sentence of that paragraph; tional and extremely unusual hardship to Reform and Immigrant Responsibility Act of (2) In subsection (b), by redesignating para- the alien or to his spouse, parent or child, 1996 (P.L. 104–208, Division C, 110 Stat. 3009). graph (3) as paragraph (4); who is a citizen of the United States, or an (e) APPEAL PROCESS.—Any alien who has (3) In subsection (d), paragraph (1), by alien lawfully admitted for permanent resi- become eligible for suspension of deportation striking ‘‘this section.’’ and inserting in lieu dence. or cancellation of removal as a result of the there of ‘‘subsections (a), (b)(1), and (b)(2).’’; ‘‘(B) Subsection (d) of this section shall not amendments made by subsection (b) and (c) (4) in subsection (b), by adding after para- apply to determinations under this para- may, notwithstanding any other limitations graph (2) the following new paragraph— graph, and an alien shall not be considered on motions to reopen imposed by the Immi- ‘‘(3) SPECIAL RULE FOR CERTAIN ALIENS COV- to have failed to maintain continuous phys- gration and Nationality Act or by regulation ERED BY THE SETTLEMENT AGREEMENT IN ical presence in the United States under file one motion to reopen to apply for sus- AMERICAN BAPTIST CHURCHES ET AL. V. clause (A)(iii) of this paragraph if the alien pension of deportation or cancellation of re- THORNBURGH (ABC), 760 F. SUPP. 796 (N.D. demonstrates that the absence from the moval. The Attorney General shall designate CAL. 1991).— United States was brief, casual, and inno- a specific time period in which all such mo- ‘‘(A) The Attorney General may, in his or cent, and did not meaningfully interrupt the tions to reopen must be filed. The period her discretion, cancel removal and adjust the continuous physical presence. must begin no later than 120 days after the status from such cancellation in the case of ‘‘(C) The determination by the Attorney date of enactment of this Act and shall ex- an alien who is removable from the United General whether an alien meets the require- tend for a period of 180 days. States if the alien demonstrates that— ments of subparagraph (A) or (B) of this ‘‘(i) the alien has not been convicted at any Mr. GRAHAM. Mr. President, I ask paragraph is final and shall not be subject to time of an aggravated felony and— review by any court. Nothing in the preced- for the yeas and nays on this amend- ‘‘(I) was not apprehended after December ing sentence shall be construed as limiting ment. 19, 1990, at the time of entry, and is either— the application of subparagraph (B) of sec- The PRESIDING OFFICER. Is there a ‘‘(aa) a Salvadoran national who first en- tion 242(a)(2) to other eligibility determina- sufficient second? There is a sufficient tered the United States on or before Septem- tions pertaining to discretionary relief under second. ber 19, 1990, and who registered for benefits this Act.’’. The yeas and nays were ordered. pursuant to the ABC settlement agreement (d) EFFECTIVE DATE OF SUBTITLE (C).—The on or before October 31, 1991, or applied for amendments made by subtitle (c) shall be ef- Mr. MACK addressed the Chair. Temporary Protected Status on or before Oc- The PRESIDING OFFICER. The Sen- fective as if included in Illegal Immigration tober 31, 1991; or Reform and Immigrant Responsibility Act of ator from Florida. ‘‘(bb) a Guatemalan national who first en- 1996 (P.L. 104–208, Division C, 110 Stat. 3009). AMENDMENT NO. 1253 TO AMENDMENT NO. 1252 tered the United States on or before October (e) APPEAL PROCESS.—Any alien who has (Purpose: To provide relief to certain aliens 1, 1990, and who registered for benefits pursu- become eligible for suspension of deportation who would otherwise be subject to removal ant to the ABC settlement agreement by De- or cancellation of removal as a result of the from the United States) cember 31, 1991; or amendments made by subsection (b) and (c) ‘‘(cc) the spouse or unmarried son or may, notwithstanding any other limitations Mr. MACK. Mr. President, I send a daughter of an alien described in (aa) of this second-degree amendment to the desk. on motions to reopen imposed by the Immi- subclause, provided that the spouse, son or gration and Nationality Act or by regulation The PRESIDING OFFICER. The daughter entered the United States on or be- file one motion to reopen to apply for sus- clerk will report. fore September 19, 1990, or the spouse or un- pension of deportation or cancellation of re- The legislative clerk read as follows: married son or daughter of an alien described moval. The Attorney General shall designate in (bb) of this subclause, provided that the The Senator from Florida [Mr. MACK] for a specific time period in which all such mo- spouse, son or daughter entered the United himself, Mr. GRAHAM, and Mr. KENNEDY pro- tions to reopen must be filed. The period poses an amendment numbered 1253 to States on or before October 1, 1990; or must begin no later than 120 days after the amendment No. 1252. ‘‘(II) is an alien who— date of enactment of this Act and shall ex- (aa) is a Nicaraguan, Guatemalan, or Sal- Mr. MACK. Mr. President, I ask tend for a period of 180 days. vadoran who filed an application for asylum (f) EFFECTIVE DATE OF SECTION.—This sec- unanimous consent that reading of the with the Immigration and Naturalization tion shall take effect one day after enact- amendment be dispensed with. Service before April 1, 1990, and the Immigra- ment of this Act. The PRESIDING OFFICER. Without tion and Naturalization Service had not granted, denied, or referred that application Mr. MACK. Mr. President, I ask objection, it is so ordered. unanimous consent that both the first- The amendment is as follows: as of April 1, 1997; or (bb) is the spouse or unmarried son or and second-degree amendments be tem- Strike all after the word ‘‘SEC. . and in- daughter of an alien described in (aa) of this porarily set aside. sert the following: subclause, provided that the spouse, son or The PRESIDING OFFICER. Without IMMIGRATION REFORM TRANSITION ACT OF daughter entered the United States on or be- objection, it is so ordered. 1997. fore April 1, 1990; and— Mr. BUMPERS addressed the Chair. (A) IN GENERAL.—Section 240A, subsection ‘‘(ii) the alien is not described in paragraph The PRESIDING OFFICER. The un- (e), of the Immigration and Nationality Act (4) of section 237(a) or paragraph (3) of sec- is amended— tion 212(a) of the Act; and— derlying business is the amendment of (1) in the first sentence, by striking ‘‘this ‘‘(iii) the alien— the Senator from Indiana. section’’ and inserting in lieu thereof ‘‘sec- ‘‘(I) is removable under any law of the AMENDMENT NO. 1249 tion 240A(b)(1)’’; United States except the provisions specified Mr. COATS. Mr. President, I thank (2) by striking ‘‘, nor suspend the deporta- in subclause (II) of this clause, has been the Chair. I again inform my col- tion and adjust the status under section physically present in the United States for a leagues that we will be brief. I am just 244(a) (as in effect before the enactment of continuous period of not less than seven the Illegal Immigration Reform and Immi- years immediately preceding the date of trying to fill some commitments we grant Responsibility Act of 1996),’’; and such application, and proves that during all made earlier. I will dispense with my (3) by striking the last sentence in the sub- of such period he was and is a person of good ringing, articulate, persuasive section and inserting in lieu thereof: ‘‘The moral character, and is a person whose re- rebuttals to the opponents of this S9962 CONGRESSIONAL RECORD — SENATE September 25, 1997 amendment that I have ready to go them. That is wrong. That is wrong of it’s at 14 percent; but 26 percent, 1 of 4 here, to Senator BOXER and Senator us to allow it to take place. of the teachers. Of the students, 11 per- KENNEDY and others who spoke against We have also had hearings with Gen- cent of the students were threatened or the amendment, and save those until eral Becton, who has been put in injured with a weapon during the past Tuesday. Even though I have the atten- charge of the District of Columbia pub- year—11 percent of the students. And 11 tion of my colleagues who are in the lic schools. He is an admirable man. He percent were avoiding school for safety Chamber that I might not have on is a good man who believes he is on the reasons during the past 30 days. Tuesday, I will have to trust that toughest assignment he has ever had. Then you have the horrendous inci- yielding the time is probably more per- He has been a general in the military dents that happen when you had stu- suasive in getting support for my and he’s a quality individual. The gen- dents having sexual activity in grade amendment than giving those argu- eral says to us: Give me 3 years to fix school during the school day. That hap- ments at this particular point. So, I this system up. Give me 3 years to be pened in the District of Columbia. That will defer that. However, I have made a able to get the system back correct. I just touched all of us, saying this can- commitment to the Senator from Kan- know it is a failed system. I know it’s not be allowed to continue to take sas. I think he is going to be relatively not working for the children in the Dis- place. brief. I yield to him such time as he trict. I know we have failures in it, This amendment is a simple amend- may consume. Then, if no one else that the test scores are not what they ment to try to provide a choice, an op- wants to speak on this particular should be, that the schools have not portunity to some students who do not amendment, I will be happy to yield performed, that they are not as safe as have it and are not able, financially. back. they should be, that we are having re- Their parents are not in a position to Mr. LAUTENBERG. Mr. President, I pair problems to the point that we be able to do what most Members of have a question to the Senator from In- can’t get students in for 3 weeks—but Congress do. I say that on a basis of diana. Is there currently a time agree- give me 3 years to be able to fix this surveys that have been done of Mem- ment? system up. bers of Congress. Of those Members of Mr. COATS. Yes. I sit out, as a parent who has three Congress who have responded to a sur- The PRESIDING OFFICER (Mr. SES- children, and ask myself, does my child vey, 77 percent of Senators responded SIONS). There is. get a second shot at the first grade dur- and 50 percent had sent or are sending Mr. LAUTENBERG. May I ask fur- ing those 3 years? Or the second? Or their children to a private school. They ther how much time is left? the third grade? Those are formative, had that option because financially we The PRESIDING OFFICER. There re- key years for students, for pupils. They are in a position to be able to do it. main 25 minutes for the Senator from don’t get 3 years to wait. And unfortunately, too many of our Indiana. I am saying, and I said this to the D.C. children are not in a financial po- Mr. COATS. We have no intention, I general, in hearings, I said: General, is sition to be able to do this. tell the Senator, of using that much it right for us to condemn that student We need to look in their eyes and time. I think the Senator from Kansas to this system that you admit and provide them a choice and provide has less than 10 minutes and I will state has failed these students? Is that them this option. This amendment is a defer my time until tomorrow. fair to the student? You are saying simple one, to try to do that. I think it Mr. LAUTENBERG. I can hardly give us 3 years to improve the school also will help us make better public wait, and I thank the Senator. system, and I know he is going to try schools in the District of Columbia by The PRESIDING OFFICER. The Sen- to do everything he can. But is it fair providing some incentive and some ator from Kansas. Mr. BROWNBACK. Mr. to this poor child? You have to stare in competition into the school system in President, I thank my colleague from the face of that child and say, ‘‘I am the District of Columbia. Indiana for yielding this time and sorry, you are not going to be able to Mr. President, I have other points I bringing forward this amendment. I get the quality of education that you may be making next week on this. But think it is a very important, excellent need to have because it is going to take I simply say we cannot wait and im- amendment and I rise in support of it. us some time to fix these schools or prison a student in a system that is a I chair the Senate subcommittee that this school system.’’ I don’t think that failed system. The people looking over has oversight over the District of Co- is fair to these students. It is not fair it have already stated this is a failed lumbia. I, and Senator LIEBERMAN who to these pupils. system. It is not fair to the kids. is the ranking Democrat on that com- I think, frankly, if most of us in this Let’s say who we are protecting here. mittee, are both cosponsors of the body had children and we were living in We ought to be looking exactly in that Coats amendment. the District of Columbia, we would not child’s eye when we vote on this I would just like to inform the Mem- think it would be fair to our kids ei- amendment, and say let’s give this bers of this body and others that we ther to put them into the public school child a choice and give this child a have had extensive hearings on the system in this particular situation chance and not put him in a system D.C. Public School System. We have where we have—and listen to these sta- which, according its own people, is a been out and looked at the schools. We tistics. They are really frightful. failed system. have been in the public schools. We Let me say as well, this is about im- There are some good public schools have been in the charter schools. We proving public education. We have to in the District of Columbia but overall have looked at the D.C. Public School have better education in this country. this system has failed. That is why I System. My conclusion of the D.C. We have to have better education for plead with my colleagues to look at School System is the same as the D.C. our children. That is what we are after. this amendment and give these kids a Control Board’s conclusion, that is What I am after, chairing this sub- chance. With that, I yield the floor. that this system has failed the stu- committee, is to make the District of Mr. STEVENS addressed the Chair. dents. Columbia a shining example around the THE PRESIDING OFFICER. The The D.C. Control Board, in their own world for everything, and in particular, Senator from Alaska is recognized. statements regarding the D.C. Public as well, in education. But we are not Mr. STEVENS. I thank the Chair. School System, said this: They said there now. (The remarks of Mr. STEVENS and Mr. that the longer students stay in the Look at some of these statistics. We MURKOWSKI pertaining to the introduc- District of Columbia public schools, have fourth graders in the D.C. public tion of legislation are located in to- the worse they do. That is the Control school system—78 percent of fourth day’s RECORD under ‘‘Statements on In- Board’s own assessment of what has graders are not at basic reading levels, troduced Bills and Joint Resolutions.’’) happened to the D.C. public schools. I 78 percent. We have violence problems The PRESIDING OFFICER. The Sen- think that is a crime to the students, in the D.C. public schools. We have 26 ator from Arkansas. to the children of the District of Co- percent of the teachers surveyed in 1995 Mr. BUMPERS. Mr. President, I ask lumbia who are in these schools. We say that they were threatened, injured, unanimous consent the pending amend- should not be putting them in a situa- or attacked in the past year—26 per- ment be temporarily laid aside in order tion where the school system has failed cent. The national average is too high, for me to proceed for 1 minute. September 25, 1997 CONGRESSIONAL RECORD — SENATE S9963 The PRESIDING OFFICER. Without making these recommendations, I qualified’’ rating from the American objection, it is so ordered. know that I am helping to place some- Bar Association. This is the highest f one on the Federal bench who will hold rating for a judicial nominee. the law and the lives of thousands of In recognition of her talent, organi- DEPARTMENT OF DEFENSE AP- Americans in her hands. This is an zational skills, and knowledge of the PROPRIATIONS CONFERENCE RE- awesome responsibility and the bed- law, Judge Hayden has been selected to PORT rock on which our Government is undertake special assignments by the Mr. BUMPERS. Mr. President, there founded—a system of justice based on judiciary and State Bar Association of were five votes against the conference the law. It is incumbent upon us in New Jersey. These assignments include report on Defense appropriations. I was confirming a judge to know that she service on professional committees on one of those five. I do not presume to has a deep love, respect, and knowledge ethics as well as judicial committees speak for any of the others. I speak of the law, an intellect equal to the on administrative, professional, and only for myself, and I will speak at task, the temperament to preside fairly substantive matters. Most recently, length on my reasons next week. in the courtroom and treat all with the she was chosen to develop and preside But I just want to say tonight that respect they deserve, and the skill to as the first judge of a drug court soon by adopting that conference report we manage her cases and dispense justice to be established in Essex County, NJ. are embarking on the building of a with deliberation but also expedition. Mr. President, I would also like to re- fighter plane called the F–22, which is Judge Hayden meets all these tests and port to the Senate that Judge Hayden going to be twice as expensive as any more. has stressed to me her view that a fighter plane ever built. My guess is Mr. President, the respect and admi- judge has a responsibility to be fair, to that it will cost somewhere between $70 ration for Judge Hayden among those cherish the law and our Constitution, and $100 billion when it is finished, for who know her in New Jersey is unani- and to treat every lawyer and litigant 339. We are embarking on a $4 billion mous. She possesses all of the skills before her with respect. She has also cost of retrofitting the Pacific fleet and attributes needed to successfully expressed to me her honor at being with D–5 missiles on ships which are al- shoulder the responsibilities of a Fed- nominated for this appointment, and ready equipped with C–4’s, and the C– eral judge. Her experience in the U.S. her deep commitment to serving the 4’s will outlive the ships they are on. attorney’s office in New Jersey, in pri- public and to administering justice And for a lesser reason, of course, the vate legal practice, and as a State fairly for all who appear before her. $331 million in the bill on the B–2 court judge provide a solid foundation Mr. President, Katharine Sweeney bomber. for her upcoming Federal service. Hayden has all of the personal at- Mr. President, if you want to spend Mr. President, I can also tell the Sen- tributes and professional qualifications this for new bombers, be my guest. If ate that Judge Hayden possesses a one could wish for in a judge. And then you don’t, put it in spare parts. If they sharp intellect and a keen analytic some. need spare parts for B–2’s, let’s appro- ability, exceptional courtroom de- So, Mr. President, I commend Kath- priate the money to do it. But let’s not meanor, and a strong work ethic. She arine Hayden to the Senate and, antici- use that kind of shenanigan to get $331 is held in high regard by all segments pating her confirmation, congratulate million in here and hope we can crank of the New Jersey legal community, her on her appointment, and wish her up the B–2 program again. We are talk- and is strongly supported by her peers all the best in her new position. I am ing about ringing up new expenditures on the State and Federal bench. This very proud to have recommended her of close to $100 billion in this. I will high evaluation is shared by the liti- to President Clinton. I hope she will elaborate more extensively next week. gants and lawyers whom she has rep- serve on our district court for many The PRESIDING OFFICER. The Sen- resented, worked with, or have ap- years. I know she will serve with dis- ator from New Jersey. peared before her. tinction, dispensing justice to each per- Mr. LAUTENBERG. Mr. President, I Katharine Sweeney Hayden will son who appears before her with com- ask unanimous consent the pending bring a breadth of experience—from the passion, fairness, and wisdom. amendment be set aside so I can make courtroom and elsewhere—to the Fed- Mr. President, I close by saying the some brief remarks about the judge eral bench. She is currently a judge of country will be well served by the serv- that we just confirmed here in the Sen- the Superior Court of New Jersey— ices of Katherine Sweeney Hayden on ate. Criminal Division, sitting in Essex the bench. We look forward to having The PRESIDING OFFICER. Without County. her on the court in New Jersey, and I objection, it is so ordered. Judge Hayden received her under- am sure we will continue to hear only f graduate degree from Marymount Col- the finest about the work she has done lege in 1963, and attended graduate CONGRATULATIONS TO and the character that she has brought school at Bowling Green State Univer- KATHARINE SWEENEY HAYDEN to her decisions as part of the court. sity and Seton Hall University, where I yield the floor. MR. LAUTENBERG. Mr. President, I she earned a master’s degree in English The PRESIDING OFFICER. The Sen- am very pleased that the Senate has so literature in 1972 and served as adjunct ator from California. promptly taken up the nomination of professor of English. Mrs. FEINSTEIN. Mr. President, I Katharine Sweeney Hayden to serve as She received her law degree from ask unanimous consent that I might be a Federal district court judge for the Seton Hall University School of Law permitted to speak as in morning busi- District of New Jersey. cum laude in 1975. Upon graduation, ness. I had the high honor and privilege of she clerked for the Justice Robert The PRESIDING OFFICER. Without recommending Judge Hayden to Presi- Clifford of the New Jersey Supreme objection, it is so ordered. dent Clinton this past February. After Court. f review, the President nominated her Upon completing her clerkship, for this position on June 5, 1997. Judge Judge Hayden worked in the U.S. at- THE IMPORTATION OF Hayden’s nomination was approved by torney’s office in New Jersey, before SEMIAUTOMATIC ASSAULT RIFLES the Senate Judiciary Committee just establishing a private practice, which Mrs. FEINSTEIN. Mr. President, weeks later, on July 10, and now we she pursued for 13 years. In recognition about 2 weeks ago it came to my atten- have her nomination before the full of her contribution to the legal profes- tion that several countries may be ex- Senate. Judge Hayden’s nomination sion and the esteem in which she is porting semiautomatic assault weap- has moved this quickly, I believe, be- held by her colleagues, Katharine was ons into this country despite the 1968 cause she is a superb candidate who elected as the first woman president of Gun Control Act, which limits the im- will make an outstanding judge. the Morris County Bar Association. portation of these weapons. Mr. President, recommending can- She was appointed to the New Jersey When I asked the ATF to explain why didates to the President for the Federal bench in 1991. these weapons were granted import judiciary is one of the most important Mr. President, I am pleased to report permits, I learned that ATF, in the last aspects of my job as a U.S. Senator. In that Judge Hayden has received a ‘‘well few years, has not applied—or at least S9964 CONGRESSIONAL RECORD — SENATE September 25, 1997 has not been consistent in applying—a port permits in the last 2 years and the to spray fire, was modified by essen- standard of review for importation of specifications for those weapons, where tially attaching a wood bridge that weapons set by Congress under the 1968 they are going and to whom, and connects the pistol grip and the stock, Gun Control Act, a standard which has whether the manufacturer is state or called a thumbhole grip. A key point been specifically applied to semiauto- privately owned. They indicate it will that the ATF ruled is that the grip, as matic rifles and shotguns since 1984. take 4 more weeks to provide it. redesigned, protrudes conspicuously The Gun Control Act of 1968 allows As of this moment, though, one par- and, therefore, still constitutes a pistol importation of only those types of fire- ticular case stands out. It involves a grip, an assault weapon characteristic arms ‘‘generally recognized as particu- munitions manufacturer owned by our under the 1994 Federal law. larly suitable for, or readily adaptable friend and ally, the Government of Is- Both the Uzi and Galil, as modified, to, sporting purposes.’’ rael. The reason we know this is be- would be exported with a standard 10- DEFINITION OF SPORTING PURPOSES cause Israel was up front and indicated round ammunition clip as required by In 1984, ATF conducted a comprehen- to the ATF what weapons they were U.S. law. sive analysis of the sporting purposes planning to export. The Los Angeles However, these weapons are capable of rifles and shotguns. They looked at Times reported the pending export as a of accepting 30-, 50-, and 100-round the legislative history, studied the part of a recent investigation. That is magazines, millions of which are avail- available literature, made a technical how I found out, and I now believe and able and still legally sold in this coun- evaluation of the weapons, and con- am concerned that a flood of weapons try and still imported, although they ducted a wide-ranging comprehensive may be taking place into this Nation. are banned from importation. survey and determined that there were Israel Military Industries, a Govern- Now, even as modified, the Uzi and clear differences between semiauto- ment-owned munitions manufacturer, Galil are capable of firing bullets as matic assault rifles and semiautomatic has been granted permission to export fast as the operator can pull the trig- rifles used in traditional sports. to the United States for commercial ger. They each possess a grip that al- The term ‘‘sporting purposes’’ refers sale tens of thousands of semiauto- lows the weapon to be fired from the to traditional sports such as target matic assault weapons. The weapons, hip, and ATF indicates that with a few shooting, skeet and trap shooting, and the Uzi American and the Galil Sporter alterations, they are able to be made hunting. are modeled after weapons used and fully automatic. In 1989, with the support of President created for the Israeli military. In short, these are the same type of Bush, ATF announced the import ban The Uzi, because of its reliability and weapons that many Americans are try- of more than 40 semiautomatic assault accuracy, has been used by the armed ing to keep off our streets and out of weapons. ATF subsequently ruled most forces of over 20 nations, including the the hands of criminals. I believe that of the weapons not legal for importa- U.S. Secret Service. It features a large the permitted importation of tens of tion, stating that ‘‘There is nothing in pistol grip that extends beneath the thousands of these weapons is a ter- the law to indicate the term ‘sporting center of the body of the weapon. The rible mistake on the part of the ATF. purposes’ was intended to recognize Uzi is touted as ‘‘lethality in a tiny Assault weapons, like the Uzi and the every conceivable type of activity or package’’ by a reference book called AK–47, which is similar to the Galil, competition which might employ a ‘‘The World’s Greatest Small Arms.’’ are weapons often used against police, firearm.’’ The author of that manual explains often with deadly results. Let me give A June 30 ruling by the Eleventh Cir- that the Uzi grip ‘‘is positioned rough- you some examples. cuit Court of Appeal heard that: ‘‘The ly at the point of balance of the gun A case with which I am very famil- Secretary of the Treasury had implied which makes the weapon much easier iar—and I have talked to the com- authority under the Gun Control Act to control when firing bursts.’’ manding officer of this officer who to order temporary suspension.’’ The text goes on to explain that the hails from my city, and the incident Further, the Court’s decision stated ammunition feed is through the butt took place a few blocks from my that arguments against the suspension and magazines are inserted from below home—a San Francisco police officer of these weapons ‘‘places too much em- the grip, ‘‘a system that helps the firer by the name of James Guelff was on phasis on the rifle’s structure for deter- replace magazines quickly, especially duty one November night in 1994. A mining whether a firearm falls within in the darkness.’’ young father, he was usually the first the sporting purpose exception. While The Uzi American planned for export, to arrive on the scene of a crime. the Bureau must consider the rifle’s according to ATF, is based on the Uzi That night, a call came in about a physical structure, the Act requires minicarbine. Except for the shorter sniper firing at civilians at Pine and the Bureau to equally consider the ri- length and changes to the stock, again California Streets. The perpetrator was fle’s use.’’ according to the reference book, ‘‘is armed with several assault rifles and I do not believe that ATF is cur- virtually, in all other respects, iden- pistols, including a 9-millimeter Uzi rently applying the sporting purposes tical to the Uzi carbine’’ which was semiautomatic pistol, 30- and 50-round test based on their own analysis in ap- barred from importation in 1989 by the clips and more than a thousand rounds proving import permits for semiauto- ATF under President Bush’s order. of ammunition. He had more firepower matic assault rifles. The Galil was created in Israel subse- than the entire complement of 104 po- As a result of this inconsistency in quent to the Six Day War in 1967. The lice officers responding to the scene the standards of review, tens of thou- Israeli military, looking for a lighter, combined. sands of military-style assault weapons more convenient weapon, enlisted a de- Officer Guelff, a highly decorated 10- may, in fact, be coming in to the coun- sign team to combine the best features year police veteran, was the first to ar- try from all over the world. of the AK–47 and the M–16 rifle. The rive on the scene. He was immediately I have spoken directly to President weapon was finished in 1972 and was pinned down by assault rifle fire. He Clinton about this—and I am joined so used in the 1973 Yom Kippur war. was struck while attempting to reload far by 30 of my colleagues in this re- The modified version of the Galil now his police-issue revolver. He bled to quest—and that is that he temporarily planned for export, as it has been de- death while his fellow officers and res- suspend importation of specific semi- scribed to me, in addition to being de- cue team tried in vain to reach him. automatic weapons until a determina- signed for semiautomatic fire, is modi- Because the suspect was wearing body tion can be made as to the suitability fied as follows: armor and a Kevlar helmet, officers of these weapons for sporting purposes The bayonet mount was removed. had to try to angle their shots under as required by this Federal statute. The threaded muzzle for attaching a the helmet to bring him down. Several Let me point out that the 1994 as- flash suppressor was removed. And the other people were shot and injured be- sault weapons legislation was not in- folding stock, designed for fore the suspect was killed. tended, nor do I believe it does, super- concealability, is replaced by a fixed Following that incident, I authored sede or conflict with the 1968 law. wooden stock. legislation which increases criminal I have requested from ATF a list of The protruding pistol grip, which en- sentences for using body armor in the all semiautomatic weapons granted im- ables the weapon to be held at the hip commission of a crime. Thanks to you, September 25, 1997 CONGRESSIONAL RECORD — SENATE S9965 Mr. President, as you know, that legis- Officer Dan Calabrese of Winslow weapons are manufactured by Govern- lation, called the James Guelff Body Township, NJ, killed with an Uzi in ment-owned entities as is the case with Armor Act, is currently included in S. June of 1994; these weapons, I will be making the 10, the juvenile crime bill now before And a case I often use, a rookie po- same request of those government lead- the Senate, and I should say thanks to lice officer in Los Angeles on her first ers as well. the chairman of the committee, Sen- call, the top rookie of her class, In the meantime, 30 of us now urge ator HATCH. Christy Hamilton, killed with an AR–15 President Clinton to use his executive Less than 1 month ago, police in Ta- responding to a domestic violence call. authority to temporarily suspend this coma, WA, faced a man with an SKS These weapons are not designed for importation of weapons and to direct assault rifle. The man fired on police sporting purposes. They are not de- the ATF to use the traditional sporting and struck Officer William Lowry signed for hunting. They are the weap- purposes standard in determining twice, killing him. The rifle, police ons of choice for grievance killers, for whether any semiautomatic assault say, was modified to carry a high-ca- gangs, and for those who go up against weapons should be approved for impor- pacity magazine and to fire automati- the police. tation to the United States. cally. They are designed to kill large num- I thank the Chair, and I yield the Last February, in Los Angeles, two bers of people in combat, just as the floor. would-be bank robbers took on approxi- Uzi and the Galil were designed for the Mr. FAIRCLOTH addressed the mately 350 police officers from 5 agen- Israeli military to do just that. They Chair. cies in a major shootout in Hollywood, have no place on the streets of a civ- The PRESIDING OFFICER. The Sen- Los Angeles. The criminals were armed ilized society. ator from North Carolina. with three fully automatic Norinco as- Israel has been a friend and an ally to sault weapons, modeled after the AK– the United States, a friendship I and f 47, an import from China, a fully auto- other Members of this body have MORNING BUSINESS matic HK–9 imported from Germany, a strongly supported. It is my personal Mr. FAIRCLOTH. Mr. President, I fully automatic Bushmaster assault hope—and I have written to Prime ask unanimous consent that there now weapon modeled after the banned AR– Minister Netanyahu and expressed be a period for the transaction of morn- 15, and a semiautomatic Berreta 9-mil- this—that a nation that understands, ing business with Senators permitted limeter pistol. These weapons had all perhaps better than most, the para- to speak for up to 5 minutes each. been altered to be made fully auto- mount importance of any government’s matic. The PRESIDING OFFICER. Without responsibility to ensure the safety and objection, it is so ordered. The perpetrators wore body armor security of its people will understand f from their neck to their ankles, even that there is a moral issue at stake going so far as to duct tape body armor here that far outweighs any commer- CASTRO’S CUBA IS A CRUEL AND to any part of their body that could cial value the sale of these weapons FULL-BLOWN PURGATORY possibly be exposed. They fired 1,100 holds for their country. rounds of ammunition from high-ca- Mr. HELMS. Mr. President, I have at There is a munitions manufacturer hand an impressive article detailing pacity magazines that could hold as owned by the State of Israel. And by many as 50 bullets, taping them to- the oppression that the people of Cuba advancing this export, the Israeli Gov- have long suffered, and still suffer to gether in a unique way so that they ernment is putting the official impri- this day. It was written by Carrol Fish- can be replaced quickly in a style used matur of its people on the commercial er of Salisbury, NC, and I decided that by soldiers in combat. They wounded 11 sale of weapons designed, not for hunt- it should be made available to all Sen- police officers and 7 civilians before ing but for combat, not to protect but ators—and to others who are concerned being shot and killed. to kill. about the dictatorship 90 miles off our This has been shown on many tele- It is my earnest hope that the Israeli shores. vision shows. There is footage of it Government will respond to these Carrol Fisher is a World War II Navy from beginning to end. I can tell you, importunings and will lead the way in veteran whose first visit to Cuba was in the streets resemble a war zone. Police and set an example for others to follow. on the scene were so outgunned that More than 4,000 people were killed by 1944. He fell in love with the island and they had to go to a nearby gun store gang violence in Los Angeles alone in its people, including the young lady and ‘‘borrow″ assault-type weapons in one 5-year period—1991 to 1995—gangs who became his wife 40 years ago. He order to match the gunmen’s firepower. that all too often use these kinds of and Mrs. Fisher [Sonia] returned to Governor Wilson has now provided weapons to terrorize and control neigh- Cuba recently to visit his seriously ill weapons to police departments which borhoods. sister-in-law. During that visit, he ob- are fully automatic, again escalating We do not need more of these weap- served the degrading state of affairs in the battle on our streets. ons on our streets. Cuba, the results of Castro’s oppressive In addition to Officers Guelff and As I said, I have asked Prime Min- military government. Lowry, Officer William Christian of ister Netanyahu to personally inter- When he returned to Salisbury, Mr. Washington, DC, was killed with a vene to stop the export of these weap- Fisher wrote a detailed account of MAC–11 in 1995; ons to the United States. what he had witnessed in Cuba. The ar- Officer John Novabilski of Prince I have personally had the oppor- ticle, published in the Salisbury (NC) Georges County, MD, killed with a tunity to discuss this with the Israeli Post, counsels that the United States MAC–11 in May 1995; Ambassador to the United States. Once under no circumstances should yield in Officer John Norcross of Haddon again, I appeal to the Prime Minister’s its opposition to Fidel Castro’s brutal Heights, NJ, killed with an AK–47 in sense of what is right and, in the best regime. April of 1995; interest of our continued friendship Mr. President, I ask unanimous con- Officer Timothy Howe of Oakland, sent that Mr. Fisher’s article be print- killed with an AK–47, April 1995; and the mutual security of our two ed in the RECORD and the conclusion of Officer Daniel Doffyn of Chicago, people, to please prevent this sale. my remarks. killed with a TEC–9, March 1995; It is important also to understand Officer Henry Daly, Washington, DC, that we are not singling out only those There being no objection, the article killed with a TEC–9, November 1994; weapons being exported by Israel. I was ordered to be printed in the Officer Michael Miller of Washington, have requested information on semi- RECORD, as follows: DC, killed with a TEC–9 in November automatic rifles that have been ap- [From the Salisbury (NC) Post, Aug. 12, 1997] 1994. proved for importation from more than CASTRO’S CUBA IS A CRUEL AND FULL-BLOWN Officer Martha Dixon-Martinez of 17 other countries that may have simi- PURGATORY Washington, DC, killed with a TEC–9 in lar military features which distinguish (By Carrol J.W. Fisher) November 1994. them from the traditional definition of [EDITOR’S NOTE: Carrol J.W. Fisher and his Officer Julio Andino-Rivera, of Puer- a sporting rifle. wife, Sonia, who had not seen her native to Rico, killed with an AR–15 in Sep- To the extent that any other such Cuba for 38 years, were recently granted spe- tember 1994; weapons are discovered, and if such cial permission to visit Sonia’s seriously ill S9966 CONGRESSIONAL RECORD — SENATE September 25, 1997 sister. Two of their four children, Luke and the sinks and lavatories. Very few houses see signs of Che Guevara, but not Castro. I Mimi, went with them.] showed any signs of having been repaired or heard not one single word of condemnation Knowing that conditions in Havana are painted. or support for Fidel Castro, but I did hear a hard—at least by American standards—is People are required to attend block meet- lot of criticism of the system. one thing. ings where they gossip and report the activi- As we arrived back in the United States, Seeing the sad and pitiful conditions and ties of their neighbors. I took my Timex my daughter, Mimi, said, ‘‘What disturbs me the obvious presence of a military state is watch off and gave it to one of my friends. most its that Castro has succeeded in mak- another. He was happy and pleased but afraid to wear ing the Cuban people equally poor—from the We were immediately shocked, revolted it for fear of the neighbors. They are morose doctor who makes $18 to $26 a month and and angry to find a manned military station and have little optimism or hope. must drive a cab at night just to make ends almost every two blocks on Quinta Avenida Since the Soviets fell and their aid ceased, meet, to the waiter in training who is not (5th Avenue), the main travel artery in Ha- Castro calls this ‘‘A Special Time.’’ The ad- paid anything. They are all victims of Cas- vana, where our hotel, the Comodoro, was on jective they use to describe this special time tro.’’ the ocean. is ‘‘siempre,’’ English for ‘‘always.’’ ‘‘The trip was a pilgrimage,’’ Sonia said. ‘‘I Security personnel, wearing blue trousers, Quinta Avenida, the main avenue in all Ha- went, I prayed, I visited what is left of my white shirts and ties, were armed with hand- vana, is deteriorating badly, the paving is family there. But, this Cuba is not my held radios and/or side arms and monitored cracked and very rough, as are the sidewalks home.’’ And there were tears. every activity of hotel life. and curbs. I saw holes 3 feet deep washed out I am joining Senator Helms, the Miami No matter what their dress, they were behind storm gratings that were dangerous Cuban community, even Mas Canosa, and the military men—and I believe our every move to the many pedestrians. Most of the conservatives who unfailingly resist any was watched and charted. We were the only lampposts had wires pulled out and taped to- softening of the Cuban embargo. Americans in the hotel and, the waiters told gether. The Cuban people are suffering badly and us, most likely the only Americans who will Generally the infrastructure of Havana should be relieved. But any plan of relief ad- visit the hotel this year, even though it was streets—bridges, walks, parks—is in very vanced so far will strengthen Castro and his for tourists with American dollars. poor condition. But the military manned ever-tightening control of every facet of the Local Cubans were not welcome. They their innumerable posts. lives of every single Cuban living in that un- could not drive their ragged automobiles to I was introduced to Cuba in 1945 while fly- happy island. This is a very difficult deci- the hotel entrance. They could not park in ing off the carrier Roosevelt. I returned to sion, but I believe it must be made. the parking lot. They were not permitted to Guantanamo Naval Base while flying with an While we were in Cuba, two hotels were go into the guest’s rooms. A very small num- anti-submarine squadron. I loved the people. bombed, a school was totally destroyed by ber was tolerated in the lobby. They worked hard building their houses and fire, and I was told by a man who left Sonia was injured while we were there, and families. They were fun to be with, happy Santiago, Monday, July 14, that the downed I insisted the guard permit some of her rel- and lighthearted, had many parties, and aircraft out of that city that killed all 40 atives into our room. Just as soon as I left danced to wonderful music. aboard was the work of a terrorist bomb. for the hospital, they were required to leave I have lived and visited many countries in He also told me that life in Oriente Prov- and return to the lobby. the world but never found one like Cuba, ince—the one that gave Castro his start—is Apparently, this military dictatorship is where the weather enfolds you in a pleasant so desperate that they were leaving in droves highly organized and so closely administered comfort zone and the eye rests on pure beau- to go to Havana. ty. that every phase of life in Cuba today is con- WHAT OF FUTURE? trolled by Castro. A medical doctor is paid While I was there, I met a school teacher, Buy today they are being forced to return. between 400 and 600 hundred pesos—or, at 22 Sonia, and fell desperately in love, courting Now they are referred to as Palestinians, for pesos to a dollar—between $18 and $27 a her for three years before we married. We they have no home. Just before I left Cuba, month. More than one of the drivers of state- have lived in the USA together since October I tried to quietly warn my Cuban friends controlled taxis told us he is paid 140 pesos— 1957. We have three wonderful sons and a that the Miami Cubans were very wealthy, or $6.32—a month. beautiful daughter, all university educated, At our hotel, graduate engineers were married successfully, and they have given us that they are very powerful, and that they washing windows. An electronics engineer six lovely grand children. hate Fidel Castro with a deep and pervasive hate, and there is no sign that they will ever was training to be a waiter. A University of BEAUTY HAS DISAPPEARED Havana graduate in language, a young man relax this hate. I told my friend to be aware But the beautiful Cuba I knew is no more. of this fact and that they should take what who spoke good English, was also training to I am not qualified to evaluate or judge be a waiter rather than teach English at the ever precautions they can take. Fidel Castro’s motives for turning a beau- Do I believe that Fidel Castro is a threat university. tiful country into a lower level Third World I met a friend I knew in the ’50s who had to this country? At this time the answer is country. If he is altruistic and wants what is no. There are groups of academicians going studied in an American university. At great best for the Cuban people, then as an econo- personal risk, he supported Castro’s revolu- from university to university in the U.S. mist, he is an idiot, and his understanding of conducting seminars designed to promote tion, carried ammunition, food, radios, medi- human psychology is on the level of a moron. cines, etc., from the Guantanamo Naval base Castro. I do not believe he is either of the two. But we must keep in mind that Castro, to the Rebels in the Oriente Mountains, la- He was raised in a cultured family, is a who is desperate, can and might at any time bored for Castro’s regime almost 40 years graduate of the University of Havana and an turn over a chunk of the Cuban island to any and alienated most of his blood family. experienced attorney. He is a battle-tested number of countries hostile to the U.S. They Today he works in a sensitive job 12 and 14- military leader who defeated his enemies. would be just 90 miles from our shore. Do I hour-days and is paid 325 pesos or $14.77 a His motivation must come from a super have any trust in Castro? Absolutely none. month. ego that demands that he wield total control While we were waiting in the Jose Marti I visited a number of other Cuban friends I over the Cuban society and over the life of airport, we talked to a Cuban lady from the knew in the 1950s. Their households were each individual Cuban. The terrible injus- U.S. who was visiting relatives for the first much alike. There were no recent photo- tice, and imbalance he has thrust into the time in 30 years. With her was her daughter graphs because they cannot afford a camera lives of the Cuban people has engendered and her daughter’s friend. Both the young la- or the film that sells in Castro’s stores for mistrust, suspicion and jealousy of neighbor dies were attorneys with the N.Y. Justice American dollars. They have no adequate for neighbor. His system is destroying the in- Department and appeared to be in their mid- radio, no working television, no transpor- centive to work and achieve, to make free 30s. We asked the friend of the daughter if tation except maybe one Chinese bicycle. and independent decisions for their own she would ever make a return visit to Cuba. They have no wrist watches except some lives, to hope for something better for their ‘‘Yes,’’ she said quietly, ‘‘in a thousand pitiful Soviet watches that lose 5 minutes children, and maybe enjoy some measure of years,’’ and then she added, ‘‘when I get back each day. They are allowed one 100-pound peace and happiness for their senior years. to New York City, I will break out my Amer- tank of LP gas from Mexico for cooking and The depth of sadness that pervades the ican flag. I will wave that flag. I will play hot water at a cost of 11 pesos. If and when Cuban society today is only exceeded by the the ‘Star Spangled Banner.’ And I will be- this tank is empty, a replacement costs $26 pervasive evil of a communist system that is have like the most patriotic American you (572 pesos) which is more than a month’s destroying the higher human qualities of have ever seen.’’ wages. millions of people.. So much walking is necessary, but no one Castro made the deliberate choice to em- f seemed to have adequate walking shoes. brace Marxism-Leninism at a time that most U.S. FOREIGN OIL CONSUMPTION Most of my friends’ family members have world leaders had already decided that it was very few clothes, and what they do have is a total failure. FOR WEEK ENDING SEPTEMBER 19 worn and mostly in tatters. WHERE IS CASTRO? Mr. HELMS. Mr. President, the POOR LIVING CONDITIONS I saw no sign of Fidel Castro on any bill- American Petroleum Institute reports Kitchens and baths are old and tired. Fau- board or building as we drove around Ha- that for the week ending September 19, cets leak and drip. So do the drains under vana. It is as if he does not exist. One does the United States imported 8,526,000 September 25, 1997 CONGRESSIONAL RECORD — SENATE S9967 barrels of oil each day, 1,230,000 barrels REPORT CONCERNING THE NA- United States persons are also prohib- more than the 7,296,000 imported each TIONAL EMERGENCY WITH RE- ited from activities that promote or day during the same week a year ago. SPECT TO ANGOLA—MESSAGE are calculated to promote such sales or Americans relied on foreign oil for FROM THE PRESIDENT—PM 69 supplies to UNITA or Angola, or from 57.3 percent of their needs last week, The PRESIDING OFFICER laid be- any transaction by any United States and there are no signs that the upward fore the Senate the following message persons that evades or avoids, or has spiral will abate. Before the Persian from the President of the United the purpose of evading or avoiding, or Gulf war, the United States obtained States, together with an accompanying attempts to violate, any of the prohibi- approximately 45 percent of its oil sup- report, which was referred to the Com- tions set forth in the Executive order. ply from foreign countries. During the mittee on Banking, Housing, and Also prohibited are transactions by Arab oil embargo in the 1970’s, foreign Urban Affairs. United States persons, or involving the oil accounted for only 35 percent of use of U.S.-registered vessels or air- America’s oil supply. To the Congress of the United States: craft, relating to transportation to An- Anybody else interested in restoring I hereby report to the Congress on gola or UNITA of goods the exportation domestic production of oil? By U.S. the developments since my last report of which is prohibited. producers using American workers? on April 4, 1997, concerning the na- The Government of Angola has des- Politicians had better ponder the tional emergency with respect to An- ignated the following points of entry as economic calamity sure to occur in gola that was declared in Executive points in Angola to which the articles America if and when foreign producers Order 12865 of September 26, 1993. This otherwise prohibited by the Regula- shut off our supply—or double the al- report is submitted pursuant to section tions may be shipped: Airports: Luanda ready enormous cost of imported oil 401(c) of the National Emergencies Act, and Katumbela, Benguela Province; flowing into the United States—now 50 U.S.C. 1641(c), and section 204(c) of Ports: Luanda and Lobito, Benuela 8,526,000 barrels a day. the International Emergency Eco- Province; and Namibe, Namibe Prov- f nomic Powers Act, 50 U.S.C. 1703(c). ince; and Entry Points: Malongo, On September 26, 1993, I declared a THE VERY BAD DEBT BOXSCORE Cabinda Province. Although no specific national emergency with respect to the license is required by the Department Mr. HELMS. Mr. President, at the National Union for the Total Independ- of the Treasury for shipments to these close of business yesterday, Wednes- ence of Angola (‘‘UNITA’’), invoking designated points of entry (unless the day, September 24, 1997, the Federal the authority, inter alia, of the Inter- item is destined for UNITA), any such debt stood at $5,384,224,726,974.01. (Five national Emergency Economic Powers exports remain subject to the licensing trillion, three hundred eighty-four bil- Act (50 U.S.C. 1701 et seq.) and the requirements of the Departments of lion, two hundred twenty-four million, United Nations Participation Act of State and/or Commerce. seven hundred twenty-six thousand, 1945 (22 U.S.C. 287c). Consistent with nine hundred seventy-four dollars and United Nations Security Council Reso- There has been one amendment to one cent) lution 864, dated September 15, 1993, the Regulations since my report of One year ago, September 24, 1996, the the order prohibited the sale or supply April 3, 1997. The UNITA (Angola) Federal debt stood at $5,195,855,000,000. by United States persons or from the Sanctions Regulations, 31 CFR Part (Five trillion, one hundred ninety-five United States, or using U.S.-registered 590, were amended on August 25, 1997. billion, eight hundred fifty-five mil- vessels or aircraft, of arms and related General reporting, recordkeeping, li- lion) censing, and other procedural regula- Five years ago, September 24, 1992, materiel of all types, including weap- ons and ammunition, military vehicles, tions were moved from the Regulations the Federal debt stood at to a separate part (31 CFR Part 501) $4,043,587,000,000. (Four trillion, forty- equipment and spare parts, and petro- leum and petroleum products to the dealing solely with such procedural three billion, five hundred eighty-seven matters. (62 Fed. Reg. 45098, August 25, million) territory of Angola other than through designated points of entry. The order 1997). A copy of the amendment is at- Ten years ago, September 24, 1987, tached. the Federal debt stood at also prohibited such sale or supply to 2. The OFAC has worked closely with $2,336,418,000,000. (Two trillion, three UNITA. United States persons are pro- the U.S. financial community to assure hundred thirty-six billion, four hun- hibited from activities that promote or a heightened awareness of the sanc- dred eighteen million) are calculated to promote such sales or Fifteen years ago, September 24, 1982, supplies, or from attempted violations, tions against UNITA—through the dis- the Federal debt stood at or from evasion or avoidance or trans- semination of publications, seminars, $1,110,360,000,000 (One trillion, one hun- actions that have the purpose of eva- and notices to electronic bulletin dred ten billion, three hundred sixty sion or avoidance of the stated prohibi- boards. This educational effort has re- million) which reflects a debt increase tions. The order authorized the Sec- sulted in frequent calls from banks to of more than $4 trillion— retary of the Treasury, in consultation assure that they are not routing funds $4,273,864,726,974.01 (Four trillion, two with the Secretary of State, to take in violation of these prohibitions. Unit- hundred seventy-three billion, eight such actions, including the promulga- ed States exporters have also been no- hundred sixty-four million, seven hun- tion of rules and regulations, as might tified of the sanctions through a vari- dred twenty-six thousand, nine hun- be necessary to carry out the purposes ety of media, including via the dred seventy-four dollars and one cent) of the order. Internet, Fax-on-Demand, special fli- during the past 15 years. 1. On December 10, 1993, the Treasury ers, and computer bulletin board infor- mation initiated by OFAC and posted f Department’s Office of Foreign Assets Control (OFAC) issued the UNITA (An- through the U.S. Department of Com- MESSAGES FROM THE PRESIDENT gola) Sanctions Regulations (the ‘‘Reg- merce and the U.S. Government Print- Messages from the President of the ulations’’) (58 Fed. Reg. 64904) to imple- ing Office. There have been no license United States were communicated to ment my declaration of a national applications under the program since the Senate by Mr. Williams, one of his emergency and imposition of sanctions my last report. secretaries. against UNITA. The Regulations pro- 3. The expenses incurred by the Fed- EXECUTIVE MESSAGES REFERRED hibit the sale or supply by United eral Government in the 6-month period As in executive session the Presiding States persons or from the United from March 26, 1997, through Septem- Officer laid before the Senate messages States, or using U.S.-registered vessels ber 25, 1997, that are directly attrib- from the President of the United or aircraft, of arms and related mate- utable to the exercise of powers and au- States submitting sundry nominations riel of all types, including weapons and thorities conferred by the declaration which were referred to the appropriate ammunition, military vehicles, equip- of a national emergency with respect committees. ment and spare parts, and petroleum to UNITA are approximately $50,000, (The nominations received today are and petroleum products to UNITA or to most of which represent wage and sal- printed at the end of the Senate pro- the territory of Angola other than ary costs for Federal personnel. Per- ceedings.) through designated points of entry. sonnel costs were largely centered in S9968 CONGRESSIONAL RECORD — SENATE September 25, 1997 the Department of the Treasury (par- EC–3041. A communication from the Gen- To be major general ticularly in the Office of Foreign As- eral Counsel of the Federal Retirement Brig. Gen. Earl L. Adams, 7836 sets Control, the U.S. Customs Service, Thrift Investment Board, transmitting, pur- Brig. Gen. John E. Blair, 7500 the Office of the Under Secretary for suant to law, three rules including a rule en- Brig. Gen. James G. Blaney, 3984 titled ‘‘Correction of Administrative Errors’’ Brig. Gen. Don C. Morrow, 3878 Enforcement, and the Office of the received on September 18, 1997; to the Com- General Counsel) and the Department Brig. Gen. Thomas E. Whitecotton III, 8348 mittee on Governmental Affairs. Brig. Gen. Jackie D. Wood, 3739 of State (particularly the Office of EC–3042. A communication from the Chair- To be brigadier general Southern African Affairs). man of the U.S. Merit Systems Protection I will continue to report periodically Board, transmitting, pursuant to law, a re- Col. Stephen E. Arey, 3536 to the Congress on significant develop- port entitled ‘‘Adherence to the Merit Prin- Col. George A. Buskirk, Jr., 3156 Col. William A. Cugno, 3772 ments, pursuant to 50 U.S.C. 1703(c). ciples in the Workplace: Federal Employees’ Views’’; to the Committee on Governmental Col. Joseph A. Goode, Jr., 0823 WILLIAM J. CLINTON. Affairs. Col. Stanley J. Gordon, 4035 THE WHITE HOUSE, September 24, 1997. f Col. Larry W. Haltom, 3555 f Col. Daniel E. Long, Jr., 1267 REPORTS OF COMMITTEES Col. Gerald P. Minetti, 5388 MESSAGES FROM THE HOUSE Col. Ronald G. Young, 6486 The following reports of committees At 1:37 p.m., a message from the were submitted: The following-named officer for appoint- House of Representatives, delivered by ment in the U.S. Army to the grade indi- Mr. Hays, one of its reading clerks, an- By Mr. SPECTER, from the Committee on cated while assigned to a position of impor- Veterans’ Affairs, without amendment: nounced that the House agrees to the tance and responsibility under title 10, Unit- S. Res. 126: An original resolution author- ed States Code, section 601: report of the committee of conference izing supplemental expenditures by the Com- on the disagreeing votes of the two mittee on Veterans’ Affairs (Rept. No. 105– To be lieutenant general Houses on the amendments of the Sen- 87). Lt. Gen. George A. Fisher, 4034 ate to the bill (H.R. 2266) making ap- By Mr. STEVENS, from the Committee on The following-named officer for appoint- propriations for the Department of De- Appropriations: ment in the U.S. Army to the grade indi- fense for the fiscal year ending Sep- Special Report entitled ‘‘Further Revised cated while assigned to a position of impor- Allocation to Subcommittees of Budget To- tember 30, 1998, and for other purposes. tance and responsibility under title 10, Unit- tals from the Concurrent Resolution for Fis- ed States Code, section 601: ENROLLED BILLS SIGNED cal Year 1998’’ (Rept. No. 105–88). To be lieutenant general At 6:08 p.m., a message from the By Mr. McCAIN, from the Committee on Maj. Gen. William J. Bolt, 0705 House of Representatives, delivered by Commerce, Science, and Transportation, Ms. Goetz, one of its reading clerks, an- with amendments: The following-named officer for appoint- ment in the U.S. Army to the grade indi- nounced that the Speaker has signed S. 363: A bill to amend the Communica- tions Act of 1934 to require that violent video cated under title 10, United States Code, sec- the following enrolled bills: programming is limited to broadcast after tion 624: H.R. 2209. An act making appropriations the hours when children are reasonably like- To be brigadier general for the Legislative Branch for the fiscal year ly to comprise a substantial portion of the Col. Henry W. Stratman, 1226 ending September 30, 1998, and for other pur- audience, unless it is specifically rated on poses. the basis of its violent content so that it is The following-named officer for appoint- H.R. 2248. An act to authorize the Presi- blockable by electronic means specifically ment in the U.S. Marine Corps to the grade dent to award a gold medal on behalf of the on the basis of that content (Rept. No. 105– indicated while assigned to a position of im- Congress to Ecumenical Patriarch Bartholo- 89). portance and responsibility under title 10, United States Code, section 601: mew in recognition of his outstanding and f enduring contributions toward religious un- To be lieutenant general derstanding and peace, and for other pur- EXECUTIVE REPORTS OF Lt. Gen. Peter Pace, 7426 poses. COMMITTEES The following-named officer for appoint- H.R. 2443. An act to designate the Federal ment in the U.S. Navy to the grade indicated Building located at 601 Fourth Street, N.W., The following executive reports of under title 10, United States Code, section in the District of Columbia, as the ‘‘Federal committees were submitted: 624: Bureau of Investigation, Washington Field By Mr. THURMOND, from the Committee Office Memorial Building,’’ in honor of Wil- on Armed Services: To be rear admiral liam H. Christian, Jr., Martha Dixon Mar- The following United States Army Reserve Rear Adm. (1h) Louis M. Smith, 3412 tinez, Michael J. Miller, Anthony officer for promotion in the Reserve of the The following-named officers for appoint- Palmisiano, and Edwin R. Woodriffe. Army to the grade indicated under title 10, ment in the Naval Reserve to the grade indi- The enrolled bills were signed subse- United States Code, sections 14101, 14315 and cated under title 10, United States Code, sec- 12203(a): quently by the President pro tempore tion 12203: To be brigadier general [Mr. THURMOND]. To be rear admiral (lower half) f Col. James W. Comstock, 5456 Capt. Kenneth C. Belisle, 8016 The following-named officer for appoint- Capt. John G. Cotton, 6982 MEASURE PLACED ON THE ment in the Regular Army to the grade indi- Capt. Stephen S. Israel, 3464 CALENDAR cated under title 10, United States Code, sec- Capt. Gerald J. Scott, Jr., 4136 The following measure was dis- tion 624: Capt. Joe S. Thompson, 2971 charged from committee and ordered To be brigadier general The following-named officers for appoint- placed on the calendar: Col. Antonio M. Taguba, 8375 ment in the Reserve of the Navy to the grade indicated under title 10, United States Code, The following-named officers for appoint- S. 25. A bill to reform the financing of Fed- section 12203: eral elections. ment in the U.S. Army to the grade indi- To be rear admiral (lower half) f cated under title 10, United States Code, sec- tion 624: Capt. Howard W. Dawson, Jr., 6320 EXECUTIVE AND OTHER To be major general Capt. William J. Lynch, 1963 Capt. Robert R. Percy III, 4869 COMMUNICATIONS Brig. Gen. John G. Meyer, Jr., 2481 The following communications were Brig. Gen. Robert L. Nabors, 5042 The following-named officer for appoint- ment as Deputy Judge Advocate General of The following-named officer for appoint- laid before the Senate, together with the U.S. Navy to the grade indicated under ment in the U.S. Army to the grade indi- accompanying papers, reports, and doc- title 10, United States Code, section 5149: cated under the provisions of title 10, United uments, which were referred as indi- To be rear admiral cated: States Code, section 624: To be major general Capt. Donald J. Guter, 0275 EC–3040. A communication from the Acting The following-named officer for appoint- Assistant Secretary of the Interior for Fish Maj. Gen. Robert G. Claypool, 3837 ment in the U.S. Navy to the grade indicated and Wildlife and Parks, transmitting, pursu- The following Army National Guard of the under title 10, United States Code, section ant to law, a rule entitled ‘‘Migratory Bird United States officers for appointment in the 624: Hunting’’ (RIN1018-AE14) received on Sep- Reserve of the Army to the grade indicated tember 23, 1997; to the Committee on Envi- under title 10, United States Code, section To be rear admiral (lower half) ronment and Public Works. 12203: Capt. William W. Cobb, Jr., 9725 September 25, 1997 CONGRESSIONAL RECORD — SENATE S9969 (The above nominations were re- **In the Marine Corps there is 1 appoint- ed States, to prevent the issuance of fishery ported with the recommendation that ment to the grade of major (Tony endorsements to certain vessels, and for they be confirmed.) Weckerling) (Reference No. 584) other purposes; to the Committee on Com- Mr. THURMOND. Mr. President, for **In the Marine Corps there is 1 appoint- merce, Science, and Transportation. the Committee on Armed Services, I ment to the grade of major (Jeffrey E. List- By Mr. CHAFEE (for himself, Mr. er) (Reference No. 585) BREAUX, Mr. LIEBERMAN, Mr. report favorably 36 nomination lists in **In the Marine Corps there is 1 appoint- FAIRCLOTH, Mr. ROBB, Mr. SARBANES, the Air Force, Army, Marine Corps, ment to the grade of major (Harry Davis Jr.) Mr. D’AMATO, Mrs. MURRAY, Mr. and Navy which were printed in full in (Reference No. 586) MURKOWSKI, Mr. WARNER, Mr. REED, the CONGRESSIONAL RECORD of July 29, **In the Marine Corps there is 1 appoint- Ms. LANDRIEU, Mr. GRAHAM, Ms. MI- 31, September 3, and 15, 1997, and ask ment to the grade of major (Michael D. Dahl) KULSKI, Mr. DODD, Mr. MOYNIHAN, and unanimous consent, to save the ex- (Reference No. 587) Mr. MACK): pense of reprinting on the Executive **In the Marine Corps there is 1 appoint- S. 1222. A bill to catalyze restoration of Calendar, that these nominations lie at ment to the grade of major (James C. Clark) esturary habitat through more efficient fi- the Secretary’s desk for the informa- (Reference No. 588) nancing of projects and enhanced coordina- **In the Air Force there are 66 appoint- tion of Federal and non-Federal restoration tion of Senators: ments to the grade of colonel and below (list programs, and for other purposes; to the The PRESIDING OFFICER. Without begins with Joseph Argyle) (Reference No. Committee on Environment and Public objection, it is so ordered. 589) Works. (The nominations ordered to lie on **In the Army there are 187 appointments f the Secretary’s desk were printed in to the grade of colonel and below (list begins the RECORDS of July 29, 31, September with James L. Atkins) (Reference No. 590) SUBMISSION OF CONCURRENT AND 3, and 15, 1997, at the end of the Senate **In the Army there are 1,125 appointments SENATE RESOLUTIONS proceedings.) to the grade of lieutenant colonel (list begins The following concurrent resolutions **In the Marine Corps there is 1 appoint- with Frank J. Abbott) (Reference No. 591) and Senate resolutions were read, and **In the Army there are 1,795 appointments ment to the grade of lieutenant colonel referred (or acted upon), as indicated: (Franklin D. McKinney, Jr.) (Reference No. to the grade of major (list begins with By Mr. SPECTER: 479) Madelfia A. Abb) (Reference No. 592) **In the Air Force there are 85 appoint- **In the Naval Reserve there are 225 ap- S. Res. 126. An original resolution author- ments to the grade of lieutenant colonel and pointments to the grade of captain (list be- izing supplemental expenditures by the Com- below (list begins with Richard W. Aldrich) gins with Lawrence E. Adler) (Reference No. mittee on Veterans’ Affairs; from the Com- (Reference No. 480) 593) mittee on Veterans Affairs; placed on the **In the Air Force there are 36 appoint- **In the Air Force there are 2,576 appoint- calendar. ments to the grade of colonel and below (list ments to the grade of major (list begins with By Mr. FEINGOLD (for himself, Mr. begins with Luis C. Arroyo) (Reference No. Arnold K. Abangan) (Reference No. 595) ABRAHAM, Mr. HELMS, and Mr. 492) **In the Army there is 1 appointment to WELLSTONE): **In the Air Force there are 4 appoint- the grade of lieutenant colonel (Rafael Lara, S. Res. 127. A resolution expresssing the ments to the grade of lieutenant colonel and Jr.) (Reference No. 635) sense of the Senate regarding the planned below (list begins with James M. Bartlett) **In the Army National Guard there are 15 state visit to the United States by the Presi- (Reference No. 493) appointments to the grade of colonel (list be- dent of the People’s Republic of China; to the **In the Army there is 1 appointment to gins with Morris F. Adams, Jr.) (Reference Committee on Foreign Relations. the grade of colonel (Frank G. Whitehead) No. 636) f (Reference No. 494) **In the Marine Corps there is 1 appoint- **In the Army Reserve there are 18 ap- STATEMENTS ON INTRODUCED BILLS ment to the grade of major (John C. AND JOINT RESOLUTIONS pointments to the grade of colonel (list be- Kotruch) (Reference No. 637) gins with Mary A. Allred) (Reference No. 495) **In the Navy there are 13 appointments to By Mr. FAIRCLOTH (for himself, **In the Army Reserve there are 11 ap- the grade of captain (list begins with David Ms. MIKULSKI, Mr. SARBANES, pointments to the grade of colonel (list be- M. Belt, Jr.) (Reference No. 638) Mr. WARNER, and Mr. ROBB): gins with Robert C. Baker) (Reference No. **In the Army there are 57 appointments to S. 1219. A bill to require the estab- 496) **In the Army there are 74 appointments to the grade of colonel (list begins with Cynthia lishment of a research and grant pro- the grade of major (list begins with Edwin E. A. Abbott) (Reference No. 639) gram for the eradication or control of Ahl) (Reference No. 497) **In the Navy there are 872 appointments Pfiesteria pisicicida and other aquatic **In the Army there are 155 appointments to the grade of commander (list begins with toxins. Eugene M. Abler) (Reference No. 640) to the grade of lieutenant colonel (list begins THE PFIESTERIA RESEARCH ACT OF 1997 with Christian F. Achleithner) (Reference f No. 498) Mr. FAIRCLOTH. Mr. President, I **In the Air Force Reserve there is 1 ap- INTRODUCTION OF BILLS AND rise to talk about a bill I am introduc- pointment to the grade of colonel (Robert J. JOINT RESOLUTIONS ing today, the Pfiesteria Research Act Spermo) (Reference No. 573) The following bills and joint resolu- of 1997. I thank my colleagues who **In the Air Force Reserve there are 4 ap- have joined me as original cosponsors pointments to the grade of colonel (list be- tions were introduced, read the first of this bill: Senator BARBARA MIKUL- gins with Carl M. Gough) (Reference No. 574) and second time by unanimous con- **In the Army Reserve there is 1 appoint- sent, and referred as indicated: SKI, Senator PAUL SARBANES and Sen- ator JOHN WARNER. ment to the grade of colonel (Shri Kant By Mr. FAIRCLOTH (for himself, Ms. This bill is the first Federal legisla- Mishra) (Reference No. 576) MIKULSKI, Mr. SARBANES, Mr. WAR- **In the Army Reserve there is 1 appoint- NER, and Mr. ROBB): tive response to this mysterious mi- ment to the grade of colonel (David S. S. 1219. A bill to require the establishment crobe which has been linked to fish Feigin) (Reference No. 577) of a research and grant program for the kills and also to human health prob- **In the Army there is 1 appointment to eradication or control of Pfiesteria pisicicida the grade of major (Clyde A. Moore) (Ref- lems all along the east coast, but par- and other aquatic toxins; to the Committee erence No. 578) ticularly in the Chesapeake Bay area **In the Army there are 3 appointments to on Environment and Public Works. and along the coast of North Carolina. the grade of colonel and below (list begins By Mr. DODD (for himself, Mr. BINGA- Pfiesteria has become more than a MAN, Mr. BUMPERS, and Mrs. MUR- with Terry A. Wikstrom) (Reference No. 579) problem affecting one State and, as **In the Army Reserve there is 1 appoint- RAY): S. 1220. A bill to provide a process for de- such, a Federal, broader response is ment to the grade of colonel (James H. Wil- necessary. The No. 1 need is research son) (Reference No. 580) classifying on an expedited basis certain doc- **In the Army Reserve there are 10 ap- uments relating to human rights abuses in into this mystery, what causes it, why pointments to the grade of colonel (list be- Guatemala and Honduras; to the Committee it occurs, and how it can be stopped. gins with Ellis E. Brambaugh, Jr.) (Ref- on Governmental Affairs. We need to involve the best research erence No. 581) By Mr. STEVENS (for himself, Mr. laboratories in the country, at Govern- **In the Army Reserve there are 19 ap- BREAUX, Mr. MURKOWSKI, and Mr. ment agencies, at universities, and at pointments to the grade of colonel (list be- HOLLINGS): State agencies, to study the problem gins with Graten D. Beavers) (Reference No. S. 1221. A bill to amend title 46 of the Unit- 582) ed States Code to prevent foreign ownership and to find a solution. **In the Marine Corps there is 1 appoint- and control of United States flag vessels em- Specifically, this bill does two ment to the grade of colonel (William C. ployed in the fisheries in the navigable wa- things. First, it authorizes the EPA, Johnson) (Reference No. 583) ters and exclusive economic zone of the Unit- the National Marine Fisheries Service, S9970 CONGRESSIONAL RECORD — SENATE September 25, 1997 the National Institute of Environ- use related strategies that reduce the unde- outbreaks of Pfiesteria and other mental Health Services, the Centers for sirable nutrient and other chemical content aquatic toxins. This measure would Disease Control, and the Department of from waste into waterways; and provide this assistance by establishing Agriculture to establish a research pro- (3) the Virginia Institute of Marine Science a cooperative Agro-Ecosystem Center of the College of William and Mary in gram for the eradication or control of Gloucester Point, Virginia, for the establish- between the University System of Pfiesteria and other aquatic toxins. ment of a Marine Pathology and Applied Maryland and the Beltsville Agricul- Second, the bill directs these agen- Ecology Center and for research conducted tural Research Center, and authorizing cies to make grants to universities and by the Center relating to the effect of algal not less than $2 million in grants to other such entities in affected States toxins on marine fish and shellfish and to the center. The University System of for the eradication or control of understanding human influences on estua- Maryland and the Beltsville Center are Pfiesteria and other aquatic toxins. rine planktonic communities with an empha- world leaders in conducting agricul- Given the potentially serious health sis on harmful algal species, except that a tural research and demonstration portion of the grants made under this para- and environmental effects—and they graph shall be allocated to Old Dominion projects. I am confident that both have have clearly been demonstrated by the University in Norfolk, Virginia, for research the substantial scientific and technical number of people who have gotten sick support. expertise necessary to lead the dietary, in the Maryland-Virginia area because (c) AUTHORIZATION OF APPROPRIATIONS.— waste management, and other nutri- of it, and it has been deadly to hun- There is authorized to be appropriated such ent-reduction efforts authorized in this dreds of thousands of fish—significant sums as are necessary to carry out this sec- measure to combat Pfiesteria. Federal action needs to be taken to tion, of which not less than— Mr. President, the Federal Govern- (1) $1,883,619 for fiscal year 1998, and ment has worked closely with affected eradicate it and make sure this re- $655,890 for fiscal year 1999, shall be used to gional threat does not become a na- carry out subsection (b)(1); States as they respond to Pfiesteria tional threat. (2) $1,000,000 for each of fiscal years 1998 outbreaks. I urge my colleagues to sup- I hope this bill will be passed in the and 1999 shall be used to carry out subsection port this measure and to provide much- very near future and funds will then be (b)(2); and needed assistance to farmers to battle appropriated to fully fund it. I look for- (3) $1,750,000 for fiscal year 1998, and Pfiesteria in the Chesapeake Bay and ward to working with my colleagues on $545,000 for fiscal year 1999, shall be used to along other Atlantic coast waterways. this matter, and I particularly thank carry out subsection (b)(3). my colleague from Maryland, BARBARA Mr. SARBANES. Mr. President, By Mr. DODD (for himself, Mr. MIKULSKI, for her assistance with the today I am delighted to join my col- BINGAMAN, Mr. BUMPERS, and bill. leagues Senator FAIRCLOTH, Senator Mrs. MURRAY): I send the bill to the desk and ask for MIKULSKI and Senator WARNER as a S. 1220. A bill to provide a process for its appropriate referral. principal cosponsor of this proposal declassifying on an expedited basis cer- Mr. President, I ask unanimous con- providing additional Federal assistance tain documents relating to human sent that the text of the bill be printed to efforts combating Pfiesteria out- rights abuses in Guatemala and Hon- in the RECORD. breaks in the Chesapeake Bay and duras; to the Committee on Govern- There being no objection, the bill was other Atlantic coast waterways. mental Affairs. ordered to be printed in the RECORD, as The micro-organism Pfiesteria THE HUMAN RIGHTS INFORMATION ACT follows: piscicida, linked to fish kills and Mr. DODD. Mr. President, today, I S. 1219 human health problems this summer in am introducing the Human Rights In- Be it enacted by the Senate and House of Rep- the Pocomoke River on Maryland’s formation Act—legislation designed to resentatives of the United States of America in Eastern Shore, is a matter about which facilitate the declassification of cer- Congress assembled, we are all deeply concerned. The Gov- tain United States documents that re- SECTION 1. SHORT TITLE. ernor has recently closed down two late to past human rights abuses in This Act may be cited as the ‘‘Pfiesteria Eastern Shore waterways in Maryland, Guatemala and and Honduras. This act Research Act of 1997’’. and fish with lesions characteristic of would ensure the prompt declassifica- SEC. 2. PFIESTERIA AND OTHER AQUATIC TOXINS Pfiesteria have also been discovered in tion of information by all relevant U.S. RESEARCH AND GRANT PROGRAM. Delaware, Virginia, and other Atlantic Government agencies concerning (a) IN GENERAL.—The Administrator of the coast waterways. human rights abuses, while providing Environmental Protection Agency, the Sec- Since the Pfiesteria outbreaks began, adequate protection to safeguard U.S. retary of Commerce (acting through the Di- we, in Congress, have worked individ- rector of the National Marine Fisheries Serv- national security interests. Timely de- ice of the National Oceanic and Atmospheric ually and collectively on a variety of classification of relevant materials Administration), the Secretary of Health and initiatives to assist the States in bat- would be of enormous assistance to the Human Services (acting through the Direc- tling this toxic micro-organism. The Guatemalan and Honduran people who tor of the National Institute of Environ- Federal agency response team, led by are at this moment confronting past mental Health Sciences and the Director of the U.S. Environmental Protection human rights violations as part of on- the Centers for Disease Control and Preven- Agency and the National Oceanic and going efforts to strengthen democratic tion), and the Secretary of Agriculture Atmospheric Administration, is provid- institutions in those countries, par- shall— ing valuable funding and technical as- (1) establish a research program for the ticularly their judiciaries. eradication or control of Pfiesteria piscicida sistance to the States. This bill would ensure prompt and and other aquatic toxins; and The Federal assistance thus far in- complete declassification within the (2) make grants to colleges, universities, cludes habitat and water quality mon- necessary bounds of protection of na- and other entities in affected States for the itoring and fish lesion assessment. At tional security. It would require Gov- eradication or control of Pfiesteria piscicida my and Senator MIKULSKI’s request, ernment agencies to review for declas- and other aquatic toxins. the Centers for Disease Control and sification within 120 days all human (b) GRANTS.—In carrying out subsection Prevention and the National Institute rights records relevant to inquiries by (a)(2), the heads of the agencies referred to in of Environment Health Sciences are subsection (a) shall make grants to— the Honduran human rights commis- (1) North Carolina State University in Ra- providing scientific teams and tech- sioner and the Guatemalan Clarifica- leigh, North Carolina, for the establishment nical assistance for human health risk- tion Commission. An interagency ap- of an Applied Aquatic Ecology Center and for assessment efforts. In Maryland, the peals panel would review agencies deci- research conducted by the Center relating to Cooperative Laboratory at Oxford is sions to withhold information. The bill aquatic toxins; playing an especially key role by co- follows declassification standards al- (2) the University System of Maryland and ordinating ongoing fisheries-related in- ready enacted by Congress in the JFK the Agricultural Research Center in Belts- vestigations. Assassination Records Act but is much ville, Maryland, for the establishment of a The Pfiesteria Research Act of 1997 cooperative Agro-Ecosystem Center for re- simpler and less expensive than that search and demonstration projects related to would add a critical dimension to the law. aquatic toxins, such as Pfiesteria piscicida, Federal response, one that would assist Honduran Human Rights Commis- including projects that relate to dietary, farmers with agricultural-related re- sioner Leo Valladares has already waste management, and other alternative- search and demonstrations related to made a request of the United States September 25, 1997 CONGRESSIONAL RECORD — SENATE S9971 Government for any relevant docu- This will send a very powerful signal of Development, the Department of Defense ments concerning Honduran human support for efforts to strengthen de- (and all of its components), the Central In- rights violations and particularly those mocracy and the rule of law through- telligence Agency, the National Reconnais- alleged to have been perpetrated by out the hemisphere. It will also greatly sance Office, the Department of Justice (and all of its components), the National Security Honduran military Battalion 3–16 that assist Latin Americans who are cur- Council, and the Executive Office of the resulted in more than 184 killings or rently bravely working to shed light President. disappearances in the early 1980’s. upon a dark period of their recent pasts SEC. 4. IDENTIFICATION, REVIEW, AND PUBLIC The Guatemalan Clarification Com- so that they can prevent such heinous DISCLOSURE OF HUMAN RIGHTS mission, which was set up by the De- abuses from occurring in the future. RECORDS REGARDING GUATEMALA cember 1996 peace accords to establish Mr. President, I ask unanimous con- AND HONDURAS. (a) IN GENERAL.—Notwithstanding any a historical record of the massive sent that the text of the bill be printed other provision of law, the provision of this human rights violations that occurred in the RECORD. Act shall govern the declassification and during more than three decades of civil There being no objection, the bill was public disclosure of human rights records by war, is expected shortly to make a ordered to be printed in the RECORD, as agencies. similar request for relevant United follows: (b) IDENTIFICATION OF RECORDS.—Not later States documents concerning this pe- S. 1220 than 120 days after the date of enactment of this Act, each agency shall identify, review, riod. The U.S. Government is, properly, Be it enacted by the Senate and House of Rep- and organize all human rights records re- resentatives of the United States of America in offering financial assistance to the garding activities occurring in Guatemala Congress assembled, clarification commission. The United and Honduras after 1944 for the purpose of de- States should also support the commis- SECTION 1. SHORT TITLE. classifying and disclosing the records to the sion’s important work to end impunity This Act may be cited as the ‘‘Human public. Except as provided in section 5, all Rights Information Act’’. by providing relevant declassified doc- records described in the preceding sentence SEC. 2. FINDINGS. uments. shall be made available to the public not Congress finds the following: later than 30 days after a review under this While it is true that the Clinton ad- (1) Agencies of the Government of the ministration has already declassified section is completed. United States have information on human (c) REPORT TO CONGRESS.—Not later than some documents related to Honduras rights violations in Guatemala and Hon- 150 days after the date of enactment of this and Guatemala, by Executive order, duras. Act, the President shall report to Congress such declassifications have been very (2) Members of both Houses of Congress regarding each agency’s compliance with the narrowly focused. And, despite a num- have repeatedly asked the Administration provisions of this Act. ber of letters from Congress requesting for information on Guatemalan and Hon- SEC. 5. GROUNDS FOR POSTPONEMENT OF PUB- prompt action, the administration’s re- duran human rights cases. LIC DISCLOSURE OF RECORDS. (3) The Guatemalan peace accords, which sponse to the longstanding request by (a) IN GENERAL.—An agency may postpone the Government of the United States firmly public disclosure of a human rights record or Honduran Human Rights Commissioner supports, has as an important and vital com- particular information in a human rights Valladares, which was first submitted ponent the establishment of the Commission record only if the agency determines that in 1993, has been slow and partial. for the Historical Clarification of Human there is clear and convincing evidence that— Moreover, although the administra- Rights Violations and Acts of Violence (1) the threat to the military defense, in- tion officially agreed to honor the Hon- which have Caused Suffering to the Guate- telligence operations, or conduct of foreign duran request, many of the documents malan People (referred to in this Act as the relations of the United States raised by pub- released to date have been heavily ‘‘Clarification Commission’’). The Clarifica- lic disclosure of the human rights record is excised, yielding little substantive in- tion Commission will investigate cases of of such gravity that it outweighs the public human rights violations and abuses by both formation. The State Department has interest, and such public disclosure would re- parties to the civil conflict in Guatemala veal— turned over 3,000 pages, but other agen- and will need all available information to (A) an intelligence agent whose identity cies have been much less forthcoming. fulfill its mandate. currently requires protection; For example, the CIA has released 36 (4) The National Commissioner for the Pro- (B) an intelligence source or method— documents concerning Father Carney, tection of Human Rights in the Republic of (i) which is being utilized, or reasonably a United States priest killed in Hon- Honduras has been requesting United States expected to be utilized, by the United States duras, and 97 documents pertaining to 5 Government documentation on human rights Government; other key human rights cases. Most are violations in Honduras since November 15, (ii) which has not been officially disclosed; 1993. The Commissioner’s request has been heavily excised. The Department of De- and partly fulfilled, but is still pending. The re- (iii) the disclosure of which would interfere fense has released 34 heavily excised quest has been supported by national and with the conduct of intelligence activities; documents, but almost nothing that re- international human rights nongovern- or lates to the activities of Battalion 3–16. mental organizations as well as members of (C) any other matter currently relating to The administration has also declas- both Houses of Congress. the military defense, intelligence operations, sified numerous documents on Guate- (5) Victims and survivors of human rights or conduct of foreign relations of the United mala in response to public demands. violations, including United States citizens States, the disclosure of which would demon- These focus, however, on approxi- and their relatives, have also been request- strably impair the national security of the ing the information referred to in paragraphs United States; mately 30 cases of human rights abuses (3) and (4). Survivors and the relatives of vic- directed against Americans in Guate- (2) the public disclosure of the human tims have a right to know what happened. rights record would reveal the name or iden- mala. The cases of Guatemalan anthro- The requests have been supported by na- tity of a living individual who provided con- pologist Myrna Mack and guerrilla tional and international human rights non- fidential information to the United States leader Efrain Bamaca, husband of governmental organizations as well as mem- and would pose a substantial risk of harm to American lawyer Jennifer Harbury, bers of both Houses of Congress. that individual; were exceptions. In May of this year, (6) The United States should make the in- (3) the public disclosure of the human the CIA also released an important formation it has on human rights abuses rights record could reasonably be expected to available to the public as part of the United constitute an unwarranted invasion of per- batch of documents concerning its 1954 States commitment to democracy in Central covert operation in Guatemala. How- sonal privacy, and that invasion of privacy is America. so substantial that it outweighs the public ever, thousands of documents on SEC. 3. DEFINITIONS. interest; or human rights violations that could be In this Act: (4) the public disclosure of the human of interest to the clarification commis- (1) HUMAN RIGHTS RECORD.—The term rights record would compromise the exist- sion remain classified. Many of the ‘‘human rights record’’ means a record in the ence of an understanding of confidentiality documents already declassified were possession, custody, or control of the United currently requiring protection between a heavily excised, and, as in the Hon- States Government containing information Government agent and a cooperating individ- duran case, the intelligence and de- about gross human rights violations commit- ual or a foreign government, and public dis- ted after 1944. fense agencies were less forthcoming closure would be so harmful that it out- (2) AGENCY.—The term ‘‘agency’’ means weighs the public interest. than the State Department. any agency of the United States Government (b) SPECIAL TREATMENT OF CERTAIN INFOR- Mr. President, I would hope that my charged with the conduct of foreign policy or MATION.—It shall not be grounds for post- colleagues can join me in voting for foreign intelligence, including the Depart- ponement of disclosure of a human rights the Human Rights Information Act. ment of State, the Agency for International record that an individual named in the S9972 CONGRESSIONAL RECORD — SENATE September 25, 1997 human rights record was an intelligence guidelines regarding its policy and proce- tions and loopholes interpreted into asset of the United States Government, al- dures for adjudicating appeals. the existing ownership and control though the existence of such relationship (c) PRESIDENTIAL AUTHORITY OVER APPEALS standard, and to phase out large fish- may be withheld if the criteria set forth in PANEL DETERMINATION.— ing vessels that are destructive to U.S. subsection (a) are met. For purposes of the (1) PUBLIC DISCLOSURE OR POSTPONEMENT OF preceding sentence, the term an ‘‘intel- DISCLOSURE.—The President shall have the fishery resources because of their size ligence asset’’ means a covert agent as de- sole and nondelegable authority to review and power. fined in section 606(4) of the National Secu- any determination of the Appeals Board As I said, this bill is called the Amer- rity Act of 1947 (50 U.S.C. 426(4)). under this Act, and such review shall be ican Fisheries Act. SEC. 6. REQUEST FOR HUMAN RIGHTS RECORDS based on the standards set forth in section 5. Let me point out, these factory FROM OFFICIAL ENTITIES IN OTHER Not later than 30 days after the Appeals Pan- trawlers we are talking about make LATIN AMERICAN CARIBBEAN COUN- el’s determination and notification to the trucks look like tiny bugs. They cer- TRIES. agency pursuant to subsection (b)(4), the In the event that an agency of the United tainly waste a tremendous amount of President shall provide the Appeals Panel fish. According to the Alaska Depart- States receives a request for human rights with an unclassified written certification records from an entity created by the United specifying the President’s decision and stat- ment of Fish and Game statistics for Nations or the Organization of American ing the reasons for the decision, including in 1995—that is the most recent year for States similar to the Guatemalan Clarifica- the case of a determination to postpone dis- which we have statistics—the 55 fac- tion Commission, or from the principal jus- closure, the standards set forth in section 5 tory trawlers in the Bering Sea off my tice or human rights official of a Latin which are the basis for the President’s deter- American or Caribbean country who is inves- State threw overboard 483 million mination. tigating a pattern of gross human rights vio- pounds of groundfish, wasted and un- (2) RECORD OF PRESIDENTIAL POSTPONE- lations, the agency shall conduct a review of used. MENT.—The Appeals Panel shall, upon re- records as described in section 4 and shall de- That is more fish than the targeted ceipt of the President’s determination, pub- classify and publicly disclose such records in fisheries of New England lobster, At- lish in the Federal Register a copy of any un- accordance with the standards and proce- classified written certification, statement, lantic mackerel, Gulf of Mexico dures set forth in this Act. and other materials transmitted by or on be- shrimp, and Pacific Northwest salmon SEC. 7. REVIEW OF DECISIONS TO WITHHOLD combined. It is the most horrendous RECORDS. half of the President with regard to the post- (a) DUTIES OF THE APPEALS PANEL.—The ponement of disclosure of a human rights waste of fishery resources in the his- Interagency Security Classification Appeals record. tory of man. And this bill is designed Panel (referred to in this Act as the ‘‘Ap- SEC. 8. REPORT REGARDING OTHER HUMAN to stop that. peals Panel’’), established under Executive RIGHTS RECORDS. Mr. President, as I said, the bill I am Order No. 12958, shall review determinations Upon completion of the review and disclo- introducing today would: by an agency to postpone public disclosure of sure of the human rights records relating to First, raise U.S. ownership standard any human rights record. Guatemala and Honduras, the Information for U.S.-flag fishing vessels operating Security Policy Advisory Council, estab- (b) DETERMINATIONS OF THE APPEALS in U.S. waters; second, eliminate the PANEL.— lished pursuant to Executive Order No. 12958, (1) IN GENERAL.—The Appeals Panel shall shall report to Congress on the desirability exemptions and loopholes interpreted direct that all human rights records be dis- and feasibility of declassification of human into the existing ownership and control closed to the public, unless the Appeals rights records relating to other countries in standard; and third, phase out large Panel determines that there is clear and con- Latin America and the Caribbean. The report fishing vessels that are destructive to vincing evidence that— shall be available to the public. U.S. fishery resources because of their (A) the record is not a human rights SEC. 9. RULES OF CONSTRUCTION. size and power. record; or (a) FREEDOM OF INFORMATION ACT.—Noth- The bill is called the American Fish- (B) the human rights record or particular ing in this Act shall be construed to limit eries Act. Senators KERRY, MURKOWSKI, information in the human rights record any right to file a request with any execu- BREAUX, and HOLLINGS join me as origi- qualifies for postponement of disclosure pur- tive agency or seek judicial review of a deci- suant to section 5. sion pursuant to section 552 of title 5, United nal cosponsors. (2) TREATMENT IN CASES OF NONDISCLO- States Code. Last year, we enacted major revi- SURE.—If the Appeals Panel concurs with an (b) JUDICIAL REVIEW.—Nothing in this Act sions to the Magnuson-Stevens Fishery agency decision to postpone disclosure of a shall be construed to preclude judicial re- Conservation and Management Act to human rights record, the Appeals Panel shall view, under chapter 7 of title 5, United improve the conservation of the fishery determine, in consultation with the originat- States Code, of final actions taken or re- resources. The other primary goal of ing agency and consistent with the standards quired to be taken under this Act. the original Fishery Conservation and set forth in this Act, which, if any, of the al- SEC. 10. CREATION OF POSITIONS. Management Act in 1975 was to Ameri- ternative forms of disclosure described in For purposes of carrying out the provisions paragraph (3) shall be made by the agency. canize the fisheries. We tried to com- of this Act, there shall be 2 additional posi- plete that process through the Com- (3) ALTERNATIVE FORMS OF DISCLOSURE.— tions in the Appeals Panel. The positions The forms of disclosure described in this shall be filled by the President, based on the mercial Fishing Industry Anti-Reflag- paragraph are as follows: recommendations of the American Historical ging Act—Public Law 100–239—in 1987. (A) Disclosure of any reasonably seg- Association, the Latin American Studies As- Due to exemptions in the act and to regable portion of the human rights record sociation, Human Rights Watch, and Am- misinterpretations by the Coast Guard, after deletion of the portions described in nesty International, USA. this act has not been effective. paragraph (1). The bill we introduce today would (B) Disclosure of a record that is a sub- By Mr. STEVENS (for himself, stitute for information which is not dis- correct the basic controlling interest Mr. BREAUX, Mr. MURKOWSKI, closed. and foreign rebuilding requirements for (C) Disclosure of a summary of the infor- and Mr. HOLLINGS): U.S.-flag vessels that participate in our mation contained in the human rights S. 1221. A bill to amend title 46 of the fisheries. record. United States Code to prevent foreign CLOSING THE LOOPHOLES (4) NOTIFICATION OF DETERMINATION.— ownership and control of United States The bill would require at least 75 per- (A) IN GENERAL.—Upon completion of its flag vessels employed in the fisheries cent of the controlling interest of all review, the Appeals Panel shall notify the in the navigable waters and exclusive head of the agency in control or possession vessels that fly the U.S. flag and en- economic zone of the United States, to gage in the fisheries in the navigable of the human rights record that was the sub- prevent the issuance of fishery endorse- ject of the review of its determination and waters and exclusive economic zone to shall, not later than 14 days after the deter- ments to certain vessels, and for other be owned by citizens of the United mination, publish the determination in the purposes; to the Committee on Com- States. Federal Register. merce, Science, and Transportation. The Commercial Fishing Industry (B) NOTICE TO PRESIDENT.—The Appeals THE AMERICAN FISHERIES ACT Anti-Reflagging Act—Public Law 100– Panel shall notify the President of its deter- Mr. STEVENS. Mr. President, I am 239—imposed a 50 percent controlling mination. The notice shall contain a written going to send to the desk a bill that is interest standard, which has become unclassified justification for its determina- tion, including an explanation of the applica- called the American Fisheries Act to meaningless because of exceptions in tion of the standards contained in section 5. raise the U.S. ownership standard for the bill and misinterpretations by the (5) GENERAL PROCEDURES.—The Appeals U.S.-flag fishing vessels operating in Coast Guard. The Coast Guard’s mis- Panel shall publish in the Federal Register U.S. waters, to eliminate the exemp- interpretation of one provision of that September 25, 1997 CONGRESSIONAL RECORD — SENATE S9973 act allowed at least 14 massive factory sovereign right to harvest and process cies primarily outside U.S. navigable trawlers to enter the fisheries off Alas- the entire allowable catch of fishery waters and the exclusive economic ka. resources in their exclusive economic zone. As many here know, the House of zone [EEZ] if their citizens have the Earlier this year—we enacted com- Representatives recently passed a bill harvesting capacity to do so. Inter- prehensive legislation to achieve con- to keep one factory trawler out of the national law requires that other na- servation under the International Dol- Atlantic herring and mackerel fish- tions be given access if the coastal na- phin Conservation Program—in part eries. Similar bills have been intro- tion cannot harvest and process the en- with the hope that some of the eastern duced in the Senate. tire allowable catch in its EEZ. tropical tuna fishing vessels would re- In Alaska, we got stuck with at least In the United States, we have estab- flag to the Unites States. 14 factory trawlers that should never lished a framework that fulfills these These vessels are subject to stringent have been allowed into our fisheries. two basic principles. Through the Mag- international conservation measures, Talk about loopholes you can drive a nuson-Stevens Act, we gave U.S. fisher- and are able to harvest tuna in a way truck through—these factory trawlers men first priority in the harvesting safer for the overall ecosystem than make trucks look like tiny little bugs. and processing of our fishery resources. smaller vessels. These vessels were And they waste fish. Foreign fishing is allowed under that dealt with differently under the Anti- According to Alaska Department of act, however, if U.S. vessels cannot Reflagging Act as well. Fish and Game statistics for 1995, the harvest the entire allowable catch. FOREIGN REBUILDS most recent year for which data is For obvious reasons, the priority The bill specifically addresses the available, the 55 factory trawlers in the works only if U.S.-owned vessels can be foreign rebuilding provision of the Bering Sea threw overboard 483 million distinguished from foreign-owned ves- Anti-Reflagging Act that was misinter- pounds of groundfish wasted, and un- sels in the fisheries. I am sad to report preted by the Coast Guard and abused used. That is more fish than the target that our current law—the way it has by speculators who did exactly what fisheries for New England lobster, At- been misinterpreted—fails to allow for Congress tried to avoid with this act. lantic mackerel, Gulf of Mexico this differentiation. In the Nation’s This misinterpretation and abuse re- shrimp, and Pacific Northwest salmon largest fishery by volume (Bering Sea sulted in at least 14 factory trawlers combined. pollock) Norwegian and Japanese com- entering the fisheries off Alaska that The bill we introduce today draws panies control the vessels that take should have been prohibited by the heavily from the controlling interest over half the allowable catch. Anti-Reflagging Act. standard in the Jones Act for vessels There is not enough fish to support Section 4(a)(4)(A) of the Act was operating in the coastwide trade. the existing harvesting capacity in this meant to protect a specific group of Under our bill, vessel owners would and other fisheries, yet the line to dif- owners who relied on pre-existing law have 18 months from the date of enact- ferentiate true U.S.-controlled vessels in planning to convert U.S.-built fish- ment to comply with the new 75 per- from foreign-controlled vessels is not ing vessels abroad for use in the U.S. cent controlling interest standard. adequate to protect the first priority fisheries. For vessels above 100 gross registered for U.S. citizens. The American Fish- This provision was not intended to tons—which are more likely to have eries Act will clear up this blurred line protect speculators who entered con- multiple owners or layers of owner- and give U.S. fishermen the top prior- tingent contracts to purchase vessels ship—the bill would require the Mari- ity to harvest fishery resources, con- with the intent to profit by the coming time Administration to closely scruti- sistent with the historical intent of our change in the law. To avoid this, Con- nize who actually controls the vessel laws. gress specifically required under sec- before the vessel receives or can renew PHASE OUT OF LARGE VESSELS tion 4(a)(4)(A) and section 4(b) that the a fishery endorsement. When the Senate passed my bill last owner had to: The Maritime Administration al- year to strengthen the conservation First, have purchased or contracted ready reviews the controlling interest measures of the Magnuson-Stevens to purchase a vessel by July 28, 1997; of entities applying for title XI loan Act, I said on the Senate floor that I second, have demonstrated his/her/its guarantees and maritime security pro- would seek a ban on factory trawlers if specific intent to enter the U.S. fish- gram payments. MarAd has the best those measures did not work. It is too eries through the purchase of the con- expertise among Federal agencies to do early to tell whether those measures tract itself or a Coast Guard letter rul- the thorough job we intend. will be sufficient. ing; and third, have accepted delivery The Secretary of Transportation We propose today a phase out—not a of the vessel by July 28, 1990 and en- would be required to revoke the fishery ban—of factory trawlers and other fish- tered it into service. endorsement of any vessel above 100 ing vessels that are longer than 165 Under the Act, all three conditions gross tons that MarAd determines does feet, greater than 750 tons, or that have had to be met by the same owner be- not meet the new standard for control- greater than 3,000 shaft horsepower. fore a fishery license could be issued to ling interest. By fishing vessel, we mean factory the vessel. The bill gives the Secretary of Trans- trawlers and other vessels that harvest The Coast Guard erroneously allowed portation flexibility in establishing the fish. Existing fishing vessels above the vessel to be redelivered to any requirements for the owners of vessels these thresholds are grandfathered— owner by July 28, 1990, and created equal to or less than 100 gross reg- and can stay in the fisheries for their freely transferable and valuable rights istered tons to show compliance with useful lives, provided the 75 percent to enter the fishery that Congress spe- the new standard. Vessels of this size controlling interest standard is met, cifically intended to avoid. generally do not exceed 75 feet in and the vessel does not surrender its The American Fisheries Act would length, are usually owner-operated, fishery endorsement at any time. correct this problem by putting the and are less likely to have multiple Gradually, the useful lives of these burden on those who benefited from the layers of ownership that must be scru- large fishing vessels will end, however, loophole to help with the reduction in tinized. and a smaller fleet—more able to avoid the overcapacity that resulted. Specifi- If the Secretary decides that compli- bycatch and waste and more likely to cally, from the date of the introduction ance with the new 75 percent standard be owner-operated—will replace them. of this act—September 25, 1997—if the can be demonstrated by vessels 100 tons I reserve the option to accelerate this controlling interest a vessel that used or less using the existing process process through an immediate ban on this loophole materially changes, an- through the Coast Guard, the Sec- factory trawlers if the management other active vessel of equal or greater retary could continue to use this proc- and conservation measures enacted length, tonnage, and horsepower in the ess for those vessels. last year in the Sustainable Fisheries same region will have to permanently As the findings point out, inter- Act are not effective. surrender its fishery endorsement. national law—including Article 62 of The phase out of large fishing vessels The capacity in the Bering Sea would the U.N. Convention on the Law of the does not apply to vessels that fish ex- be reduced on the backs of those who Sea—gives coastal nations the clear clusively for highly migratory fish spe- caused the problem and who argued for S9974 CONGRESSIONAL RECORD — SENATE September 25, 1997 and benefited from an interpretation If Congress or the North Pacific occurs, it will come to the number of clearly contrary to congressional in- Council gives away permanent access large vessels allowed to operate in U.S. tent. to our fisheries, I believe these entities fisheries. FEDERAL LOAN GUARANTEES will go back to their tactics of the last The bill we are introducing today The bill would permanently prohibit 10 years. will increase the American ownership Federal loan guarantees for any vessel Flannery O’Connor explained this requirement for vessels to 75 percent that is intended for use as a fishing well in her short story ‘‘A Good Man Is from the 51-percent level required by vessel, and that will be greater than 165 Hard to Find.’’ In that story, the ‘‘Mis- current law. This new level is consist- registered feet, 750 gross registered fit’’ says of another character that ent with other laws affecting owner- tons, or 3,000 shaft horsepower when ‘‘She would of been a good woman, if ship of vessels involved in the coast- the construction or rebuilding is com- [there] had been somebody there to wise trade, which are also required to pleted. shoot her every minute of her life.’’ meet the 75-percent test. We mean to prevent the Federal Gov- The foreign-controlled factory trawl- It will also correct the mistake made ernment from subsidizing or assisting ers have the inshore/offshore gun to by the Coast Guard a decade ago by re- in any way in the: No. 1, construction their head right now, and are being quiring fishery endorsements to be re- of vessels above these thresholds; No. 2 good. But their track record without moved from vessels which do not qual- extension of the useful life of vessels this gun has been poor, both with re- ify for the ownership criterion within a above these thresholds; or No. 3 expan- spect to the conservation and to pro- reasonable period of time—18 months sion of vessels so that they exceed tecting fishing communities. under this bill. these thresholds—where the vessel will In the Bering Sea pollock, specifi- Under this bill, the Coast Guard will be used as a fishing vessel. cally, I am concerned that a single no longer be responsible for reviewing For the purposes of this measure, Norwegian entity controls an excessive the ownership of fishing vessels. This fishing vessel has the same definition share of the harvest in violation of Na- authority will rest more appropriately as under section 2101 of title 46, United tional Standard Four of the Magnuson- with the Maritime Administration, States Code, meaning a vessel that en- Stevens Act. I am also concerned about which currently has the same respon- gages in the catching, taking, or har- the expansion of the ownership of sibility for vessels seeking title XI loan vesting of fish or any activity that can catcher vessels and factory trawlers by guarantees and Maritime Security Pro- reasonably be expected to result in the Japanese entities. gram assistance, among other things. catching, taking, or harvesting of fish. Will we have the strength in the Con- The bill will also begin the process of This obviously includes factory trawl- gress or at the council level to prevent restoring the number of large fishing ers and other fishing vessels above the a giveaway of IFQ’s to foreign-con- vessels operating off our shores to a thresholds listed above. trolled entities in 2000 or beyond if reasonable and manageable level, by SUMMARY they are the only ones left in the fish- eliminating the entry of new vessels, With the American Fisheries Act, we ery? regardless of ownership, and by allow- will clean up the mess caused by the The time has come to put Americani- ing attrition to take its toll on the ex- exceptions and misinterpretation of zation back on the track as we first en- isting fleet. Large vessels are those the Anti-Reflagging Act. We will also visioned when we extended U.S. juris- over 165 registered feet in length, serve notice that entities that do not diction over the fisheries out to 200 meet the 75 controlling interest stand- greater than 750 gross registered tons, miles. or with engines totaling more than ard will not likely receive individual Mr. MURKOWSKI. Mr. President, I fishing quota’s [IFQ’s] or other limited 3,000 horsepower. The bill also elimi- am very pleased to join Senator STE- access permits under the Magnuson- nates Federal loan guarantees that VENS in sponsoring this important leg- Stevens Act. have been used to subsidize and accel- The Sustainable Fisheries Act—Pub- islation. erate the unrestrained growth of this This is a necessary follow-on to legis- lic Law 104–297—requires the National fleet. lation I first introduced in 1986, the Academy of Sciences to study how to Further, currently operating vessels Commercial Fishing Vessel Anti-Re- prohibit entities that don’t meet the which were rebuilt for fishing in for- standard from owning IFQ’s. We will flagging Act, which was enacted in eign shipyards using the loophole cre- analyze the Academy’s report during 1987. That act attempted to control an ated by the Coast Guard’s interpreta- the reauthorization of the Magnuson- anticipated influx of foreign-owned tion of the earlier act, and which are Stevens Act in 1999. I do not want any fishing vessels by prohibiting them sold to new owners in the future, will foreign-controlled entities to be sur- from reflagging as U.S. vessels except not be eligible to fish under the new prised when that process begins. in certain circumstances. At the time, owners unless a similarly sized vessel Non-U.S. citizens simply should not I backed a move to impose, for the first is also removed from the fishery. be given what, for all practical pur- time, an American ownership provision Taken together, these provisions will poses, are permanent access privileges that would ensure U.S. control of cor- help to move us away from a fleet that to U.S. marine resource when there are porations owning such vessels. is only nominally U.S.-controlled to U.S. citizens that can harvest these Had that legislation been imple- one which is truly U.S.-controlled. fish. The Magnuson-Stevens Act allows mented the way it was intended, to- Moreover, in reducing the total num- these foreign-controlled entities to day’s bill would probably not be nec- ber of these large vessels over time, harvest the portion of the allowable essary. Our intention was to gradually this measure will also provide tremen- catch that U.S. citizens cannot. eliminate foreign control by requiring dous benefits to the many small com- In Alaska, some of the foreign par- new owners to be U.S.-controlled. Un- munities which depend not on these ticipants are doing what they can to fortunately, in making a decision on large vessels, but on the far greater patch up their relationship with Alas- implementation, the Coast Guard de- numbers of small fishing vessels and ka and Alaskans—but I question their cided to rely primarily on its past prac- shore-based processing plants that hire long-term commitment. tice, and permitted all vessels with locally, deliver locally, process locally, The North Pacific Council is review- U.S. documentation to continue fishing and support their communities through ing the inshore/offshore pollock alloca- regardless of existing or new owner- local taxes. tion right now—which will substan- ship. Mr. President, I enthusiastically sup- tially impact them. They have been That, as much as any one factor, led port this legislation, and urge my col- good partners this year in anticipation to today’s crisis, in which there are far leagues to do the same. of this council debate—but where were too many large vessels operating. they last year? They were here in Something has to give, and the laws of By Mr. CHAFEE (for himself, Mr. Washington, DC, lobbying against our nature and economics say that it has BREAUX, Mr. LIEBERMAN, Mr. bill to protect fishing communities, re- to be one of two things: either the re- FAIRCLOTH, Mr. ROBB, Mr. SAR- duce bycatch, and prevent foreign enti- source itself or the number of vessels. BANES, Mr. D’AMATO, Mrs. MUR- ties from receiving a windfall giveaway This bill will help insure that the re- RAY, Mr. MURKOWSKI, Mr. WAR- through IFQ’s. source will be held harmless; if change NER, Mr. REED, Ms. LANDRIEU, September 25, 1997 CONGRESSIONAL RECORD — SENATE S9975

Mr. GRAHAM, Ms. MIKULSKI, Mr. build these national treasures by focus- SECTION-BY-SECTION ANALYSIS DODD, Mr. MOYNIHAN, and Mr. ing these limited resources on the res- ESTUARY HABITAT RESTORATION PARTNERSHIP MACK): toration of vital estuary habitat. This ACT OF 1997 S. 1222. A bill to catalyze restoration bill is unique, in that it builds a re- SEC. 1.—SHORT TITLE of estuary habitat through more effi- newed commitment to community- This section designates the title of the bill cient financing of projects and en- driven restoration. It is not a regu- as the ‘‘Estuary Habitat Restoration Part- hanced coordination of Federal and latory measure. Rather than provide nership Act of 1997’’. non-Federal restoration programs, and mandates, it provides incentives and SEC. 2.—FINDINGS for other purposes; to the Committee gives concerned citizens more of an op- This section cites Congress’ findings on the on Environment and Public Works. portunity to get involved in the effort. ecological and economic value of estuaries. THE ESTUARY HABITAT RESTORATION Also, it is flexible. Every commu- SEC. 3.—PURPOSES PARTNERSHIP ACT OF 1997 nity’s approach to restoring estuaries The purposes of this Act are to: provide a Mr. CHAFEE. Mr. President, I rise will vary depending upon the unique voluntary, community-driven, incentive- today with Senator BREAUX and Sen- needs of the particular area. What based program to catalyze the restoration of ators LIEBERMAN, FAIRCLOTH, ROBB, works well in Rhode Island’s waters one million acres of estuary habitat by the SARBANES, MURRAY, D’AMATO, MUR- year 2010; assure the coordination and may not work in a more temperate leveraging of existing Federal, State and KOWSKI, WARNER, REED, LANDRIEU, areas like coastal California and Lou- local restoration programs, plans and stud- GRAHAM, MIKULSKI, DODD, MOYNIHAN, isiana. ies; create effective restoration partnerships and MACK to introduce the Estuary The bill also creates strong and last- among public agencies at all levels of gov- Habitat Restoration Partnership Act of ing partnerships between the public ernment, and between the public and private 1997. Estuaries, those bays, gulfs, and private sectors, and among all lev- sectors; promote the efficient financing of sounds, and inlets where fresh water els of government. It brings together estuary habitat restoration activities to help meets and mixes with salt water from existing Federal, State, and local res- leverage limited federal funding; and develop monitoring and maintenance capabilities to the ocean, provide some of the most toration plans, programs, and studies. ecologically and economically produc- assure that restoration efforts build on the To ensure that restoration efforts build successes of past, current efforts, and sound tive habitat in the world. They benefit on past successes and current scientific science. our economy, they benefit our health, understanding, the bill encourages the SEC. 4.—DEFINITIONS in short, they are good for the soul. development of monitoring and main- More than 75 percent of the commer- This section defines several terms used tenance capabilities. throughout the Act. Among the most impor- cial fish and shellfish harvested in the Above all, this bill will benefit the tant definitions: United States depend on estuaries at environment, the economy, and the ‘‘Estuary’’ is defined as a body of water some stage in their lifecycle. Estuaries quality of life of the Nation. Estuaries and its associated physical, biological and are also home to a large percentage of are ecologically unique. The complex chemical elements, in which fresh water the Nation’s endangered and threat- variety of habitats—river deltas, sea from a river or stream meets and mixes with salt water from the ocean. ened species and half of its neotropical grass meadows, forested wetlands, migratory birds. Moreover, the liveli- ‘‘Habitat’’ is defined as the complex of shellfish beds, marshes, and beaches— physical and hydrologic features and living hood of 28 million Americans depends supports a fluorishing range of wildlife on estuaries and coastal regions. organisms within estuaries and their associ- and plants. Because fish and birds mi- ated ecosystems, including salt and fresh Regrettably, estuaries are in danger. grate, the health of these habitats is water coastal marshes, coastal forested wet- Within the last 30 years, coastal re- intertwined with the health of other lands and other coastal wetlands, tidal flats, gions have become home to more than natural shoreline areas, shellfish beds, sea half of the Nation’s population. This ecosystems thousands of miles away. Estuaries also are perhaps the most grass meadows, kelp beds, river deltas, and population explosion has taken its toll. river and stream banks under tidal influence. Fish catches are at their lowest, shell- prolific places on Earth. ‘‘Restoration’’ is defined as an activity Economically, this bill will benefit fish beds have been closed, and the eco- that results in improving an estuary’s habi- those Americans whose livelihoods de- nomic livelihood and quality of life of tat, including both physical and functional our coastal communities is threatened. pend on coastal areas. The commercial restoration, with a goal towards a self-sus- The increase in nonpoint source pol- fishing industry, which depends heavily taining, ecologically based system that is in- tegrated with its surrounding landscape. lution, such as agricultural runoff, also on these areas, contributes $111 billion SEC. 5.—ESTABLISHMENT OF A COLLABORATIVE has made its mark. And in the Chesa- per year to the national economy. COUNCIL peake Bay, the recent pfiesteria out- Tourism and recreation also stand to This section establishes a Collaborative break that has killed hundreds of fish benefit. Finally, estuaries are essential to our Council chaired by the Secretary of the and even harmed human health is an Army; with the participation of the Under unfortunate example of what can hap- quality of life. Listen to this figure: In 1993, 180 million Americans, approxi- Secretary for Oceans and Atmosphere, De- pen when the balance between harmful partment of Commerce; the Secretary of the nutrients that pollute the waters take mately 70 percent of the population, Interior, through the U.S. Fish and Wildlife over. visited estuaries to fish, swim, hunt, Service; the Administrator of the Environ- The habitats estuaries provide for an dive, view wildlife, hike, and learn. mental Protection Agency; and the Secretar- extraordinary diversity of fish and I urge my colleagues to support this ies of Agriculture and Transportation. It sets wildlife are shrinking fast, jeopardizing important effort to restore the forth the decision making procedures to be jobs in fishing and tourism. The many marshes, wetland and aquatic life that followed by the Council in its two principal functions, which are: (1) the development of values that estuaries bring to our lives nourish our fish and wildlife, enhance water quality, control floods, and pro- a habitat restoration strategy and (2) the se- could one day be gone. lection of habitat restoration projects. The future of estuary habitat need vide so many lasting benefits for the Nation. Before I conclude, I want to SEC. 6.—FUNCTIONS OF THE COLLABORATIVE not be a gloomy one. Estuaries can be COUNCIL thank my colleague from Louisiana, restored. A variety of efforts, ranging This section creates a process to coordi- from school classrooms planting eel Senator BREAUX, for all of his help on nate, streamline and leverage existing Fed- grass in a coastal inlet to the restora- this issue. I also want to give a special eral, State and local resources and activities tion of freshwater flows into an entire thanks to Restore America’s Estuaries directed toward estuary habitat restoration. bay area, have brought estuaries back and to Rhode Island Save the Bay for Habitat Restoration Strategy.—The Council to life. The demands on Federal fund- all of their hard work, without which is required to draft a strategy to provide a ing for estuary restoration activities this effort would not have been pos- national framework for estuary habitat res- exceed available resources. We there- sible. toration by identifying existing restoration fore must make the most of limited Mr. President, I ask unanimous con- plans, integrating overlapping restoration plans, and identifying appropriate processes public resources by enlisting the sup- sent that additional material be print- for the development of restoration plans, port of our States, communities, and ed in the RECORD. where needed. In developing the strategy, the private sector. There being no objection, the mate- the Council shall consider: the contribution The Estuary Habitat Restoration rial was ordered to be printed in the of estuary habitat to wildlife, fish and shell- Partnership Act of 1997 will help re- RECORD, as follows: fish, surface and ground water quantity and S9976 CONGRESSIONAL RECORD — SENATE September 25, 1997 quality, flood control, outdoor recreation, eral and State agencies, private institutions, In Louisiana, we have very valuable and other areas of concern; estimated his- and Indian tribes, as necessary to carry out estuaries, including the Ponchartrain, toric, current, and future losses of estuary the requirements of this Act. Barataria-Terrebonne, and Vermilion habitat; the most appropriate method for se- SEC. 10.—DISTRIBUTION OF APPROPRIATIONS FOR Bay systems. Louisiana’s estuaries are lecting estuary restoration projects; and pro- HABITAT RESTORATION PROJECTS vital because they have helped and will cedures to minimize duplicative application This section authorizes the Secretary to requirements for landowners seeking assist- continue to help sustain local commu- disburse funds to the other agencies respon- nities, their cultures and their econo- ance for habitat restoration activities. sible for carrying out the requirements of Selection of Projects.—The Council is re- this Act. mies. quired to establish application criteria for I encourage Senators from coastal SEC. 11.—AUTHORIZATIONS restoration projects based on a number of and noncoastal States alike to evalu- This section provides that funds currently criteria, including: the level of support from ate the bill and to join in its support authorized to be appropriated for the Corps non-Federal persons for the development and of Engineers for land acquisition, environ- with Senator CHAFEE, me and the 15 long-term maintenance and monitoring of mental improvements and aquatic ecosystem other Senators who are original bill co- the project; whether the project criteria fall restoration may be used to implement habi- sponsors. within the habitat restoration strategy de- tat restoration projects selected by the I look forward to working with Sen- veloped by the Council and are set forth in Council. This section also authorizes appro- ator CHAFEE and other Senators on be- existing estuary habitat restoration plans; priations of $40,000,000 for fiscal year 1999; whether the State has a dedicated fund for half of the bill and with the Coalition $50,000,000 for fiscal year 2000; and $75,000,000 estuary restoration; the level of private to Restore Coastal Louisiana and Re- for each of fiscal years 2001 through 2003 to store America’s Estuaries. funding for the restoration project; and the carry out this Act. technical merit and feasibility of the pro- By working together at all levels of posal. SEC. 12.—GENERAL PROVISIONS government and in the private and pub- Priority Projects.—Among the projects that This section provides the Secretary with lic sectors, we can help to restore estu- meet the criteria listed above, the Council the authority to carry out responsibilities aries. As important, we can, together, shall give priority for funding to those under this Act, and it clarifies that habitat help to educate the public about the projects that: are part of an approved Fed- restoration is one of the Corps’ primary mis- sions. It further clarifies that nothing in this important roles which estuaries play in eral estuary management or habitat restora- our daily lives through their many con- tion plan; address a restoration goal outlined Act supersedes existing Federal or State in the habitat restoration strategy; have a laws, and that agencies are required to carry tributions to public safety and well- non-Federal share that exceeds 50 percent; out activities in a manner consistent with being, to the environment, and to and are subject to a nonpoint source pro- the provisions of this Act and other existing recreation and commerce. gram that addresses upstream sources that laws. f would otherwise re-impair the restored habi- Mr. BREAUX. Mr. President, I am tat. pleased and honored to join with my ADDITIONAL COSPONSORS The Council may not select a project under friend and colleague, Senator JOHN S. 9 this section until each non-Federal interest CHAFEE, chairman of the Senate Com- At the request of Mr. GRAMM, his participating in the project has entered into mittee on Environment and Public name was added as a cosponsor of S. 9, a written cooperation agreement to provide Works, to introduce legislation to re- a bill to protect individuals from hav- for the maintenance and monitoring of the ing their money involuntarily col- proposed project. This section authorizes store America’s estuaries. Our bill is $4,000,000 for the operating expenses of the entitled the ‘‘Estuary Habitat Restora- lected and used for politics by a cor- Council. tion Partnership Act of 1997’’. poration or labor organization. S. 61 SEC. 7.—HABITAT RESTORATION PROJECT COST- Estuaries are a national resource and SHARING treasure. As a nation, therefore, we At the request of Mr. LOTT, the This section strengthens local and private- should work together at all levels and names of the Senator from New Jersey sector participation in estuary restoration in all sectors to help restore them. [Mr. LAUTENBERG] and the Senator efforts by building public-private restoration I am also pleased that 15 other Sen- from Arizona [Mr. MCCAIN] were added partnerships. It establishes a non-Federal ators have joined with Senator CHAFEE as cosponsors of S. 61, a bill to amend share match requirement of no less than 35 and me as original cosponsors of the title 46, United States Code, to extend percent but no more than 75 percent of the bill. Together, we want to draw atten- eligibility for veterans’ burial benefits, cost of a project. A project applicant may tion to the significant value of the Na- funeral benefits, and related benefits waive the 35 percent minimum requirement; tion’s estuaries and the need to restore for veterans of certain service in the however, if the applicant demonstrates a them. United States merchant marine during need for a reduced non-Federal share in ac- World War II. cordance with the requirements of the Water It is also my distinct pleasure today Resources Development Act of 1986. Land to say with pride that Louisianians S. 114 easements, services, or other in-kind con- have been in the forefront of this move- At the request of Mr. INOUYE, the tributions may be used to meet the Act’s ment to recognize the importance of name of the Senator from Colorado non-Federal match requirements. estuaries and to propose legislation to [Mr. CAMPBELL] was added as a cospon- SEC. 8.—MONITORING AND MAINTENANCE OF restore them. The Coalition to Restore sor of S. 114, a bill to repeal the reduc- HABITAT RESTORATION PROJECTS Coastal Louisiana, an organization tion in the deductible portion of ex- This section assures that available infor- which is well known for its proactive penses for business meals and enter- mation will be used to improve the methods work on behalf of the Louisiana coast, tainment. for assuring successful long-term habitat has been from the inception an integral S. 364 restoration. To that end, it requires the part of the national coalition, Restore At the request of Mr. LIEBERMAN, the Under Secretary for Oceans and Atmosphere America’s Estuaries, which has pro- name of the Senator from Georgia [Mr. (NOAA) to maintain a database of restora- COVERDELL] was added as a cosponsor tion projects carried out under this Act, in- posed and supports the restoration leg- cluding information on project techniques, islation. of S. 364, a bill to provide legal stand- project completion, monitoring data, and The Coalition to Restore Coastal ards and procedures for suppliers of other relevant information. Louisiana and Restore America’s Estu- raw materials and component parts for This section also requires the Collabo- aries are to be commended for their medical devices. rative Council to publish a biennial report to leadership and initiative in bringing S. 845 Congress that includes program activities, this issue to the Nation’s attention. At the request of Mr. LUGAR, the including the number of acres restored; the In essence, the bill introduced today name of the Senator from Idaho [Mr. percent of restored habitat monitored under proposes a single goal and has one em- KEMPTHORNE] was added as a cosponsor a plan; the types of restoration methods em- ployed; the activities of governmental and phasis and focus. It seeks to create a of S. 845, a bill to transfer to the Sec- non-governmental entities with respect to voluntary, community-driven, incen- retary of Agriculture the authority to habitat restoration; and the effectiveness of tive-based program which builds part- conduct the census of agriculture, and the restoration. nerships between the Federal Govern- for other purposes. SEC. 9.—MEMORANDA OF UNDERSTANDING ment, State, and local governments S. 852 This section authorizes the Council to and the private sector to restore estu- At the request of Mr. LOTT, the name enter into cooperative agreements and exe- aries, including sharing in the cost of of the Senator from Illinois [Mr. DUR- cute memoranda of understanding with Fed- restoration projects. BIN] was added as a cosponsor of S. 852, September 25, 1997 CONGRESSIONAL RECORD — SENATE S9977 a bill to establish nationally uniform the Senator from Pennsylvania [Mr. a significant number of other prisoners of requirements regarding the titling and SANTORUM], the Senator from New conscience held in prison in China and Tibet; (2) the Government of the People’s Repub- registration of salvage, nonrepairable, Hampshire [Mr. SMITH], the Senator lic of China takes immediate steps toward and rebuilt vehicles. from Oregon [Mr. SMITH], and the Sen- improving the conditions under which politi- S. 1008 ator from Virginia [Mr. WARNER] were cal, religious, and labor dissidents are im- At the request of Mr. DURBIN, the added as cosponsors of Senate Concur- prisoned in China and Tibet, including pro- name of the Senator from Indiana [Mr. rent Resolution 48, a concurrent reso- viding prisoners with adequate medical care LUGAR] was added as a cosponsor of S. lution expressing the sense of the Con- and allowing international humanitarian 1008, a bill to amend the Internal Reve- gress regarding proliferation of missile agencies access to detention facilities; and technology from Russia to Iran. (3) the Government of the People’s Repub- nue Code of 1986 to provide that the tax lic of China makes significant progress to- incentives for alcohol used as a fuel f ward improving overall human rights condi- shall be extended as part of any exten- tions in China and Tibet, including taking sion of fuel tax rates. SENATE RESOLUTION 126—ORIGI- concrete steps to grant freedom of speech, S. 1096 NAL RESOLUTION REPORTED AU- freedom of religion, and freedom of associa- At the request of Mr. GRASSLEY, the THORIZING EXPENDITURES BY tion in compliance with international human names of the Senator from Oklahoma THE COMMITTEE ON VETERANS’ rights standards. [Mr. NICKLES] and the Senator from AFFAIRS Mr. FEINGOLD. Mr. President, I rise Utah [Mr. HATCH] were added as co- Mr. SPECTER, from the Committee today to submit a resolution regarding sponsors of S. 1096, a bill to restructure on Veterans’ Affairs, reported the fol- the upcoming State visit by the Presi- the Internal Revenue Service, and for lowing original resolution; which was dent of the People’s Republic of China, other purposes. placed on the calendar: Mr. Jiang Zemin. As we all know, President Clinton S. 1105 S. RES. 126 plans to host Mr. Jiang on a State visit At the request of Mr. COCHRAN, the Resolved, That section 18(b) of Senate Reso- to Washington at the end of October. name of the Senator from Minnesota lution 54, 105th Congress, agreed to February The resolution I am offering today is a [Mr. GRAMS] was added as a cosponsor 3, 1997, is amended by striking out of S. 1105, a bill to amend the Internal ‘‘$1,123,430’’ and inserting in lieu therof sense of the Senate resolution that Revenue Code of 1986 to provide a ‘‘$1,698,430’’. states that President Jiang should not sound budgetary mechanism for financ- f be given a red carpet welcome in our ing health and death benefits of retired Nation’s Capital until we see some SENATE RESOLUTION 127—RE- coal miners while ensuring the long- progress on human rights in China. GARDING A PLANNED STATE term fiscal health and solvency of such Specifically, the resolution calls for VISIT benefits, and for other purposes. China to release Wei Jingsheng and other prisoners of conscience from jail S. 1178 Mr. FEINGOLD (for himself, Mr. as a precondition for a State visit. At the request of Mr. ABRAHAM, the ABRAHAM, Mr. HELMS, and Mr. WELLSTONE) submitted the following By agreeing to this State visit with- name of the Senator from Connecticut out receiving any concession on human [Mr. DODD] was added as a cosponsor of resolution; which was referred to the Committee on Foreign Relations: rights, the administration may be S. 1178, a bill to amend the Immigra- squandering perhaps its strongest S. RES. 127 tion and Nationality Act to extend the source of leverage with Beijing. The visa waiver pilot program, and for Whereas the President of the People’s Re- Chinese Government has been pressing public of China is tentatively scheduled to other purposes. for such a visit in Washington for sev- S. 1194 begin a state visit in Washington, D.C., on October 29, 1997; eral years. The Chinese want to be At the request of Mr. KYL, the names Whereas a state visit, unlike a working- treated like a great power. An invita- of the Senator from Alabama [Mr. level visit, involve the highest-level protocol tion to the White House not only SHELBY], the Senator from Mississippi that can be afforded a foreign head of state; bestows legitimacy on the Communist [Mr. COCHRAN], the Senator from New Whereas on December 13, 1995, a Beijing regime, it will boost the prestige of Hampshire [Mr. SMITH], and the Sen- court sentenced Wei Jingsheng to 14 years in President Jiang and help him to solid- ator from Colorado [Mr. ALLARD] were prison for peacefully advocating democracy ify his position as Deng Xiaoping’s suc- added as cosponsors of S. 1194, a bill to and political reforms in China. Whereas the Government of the People’s cessor. In short, China needs this State amend title XVIII of the Social Secu- visit more than the United States does. rity Act to clarify the right of Medi- Republic of China had previously imprisoned Wei Jingsheng from 1979 to 1993, also for Agreeing to invite the President of care beneficiaries to enter into private peacefully promoting human rights and de- China to the White House before any contracts with physicians and other mocracy in China; improvement is made on human rights health care professionals for the provi- Whereas Wei Jingsheng is just one of hun- will send a terrible message. It will sion of health services for which no dreds, if not thousands, of other political, re- confirm what many Chinese leaders al- payment is sought under the Medicare ligious, and labor dissidents who are impris- ready believe—that the United States program. oned in China and Tibet for peacefully ex- pressing their beliefs and exercising their offers lots of rhetoric on human rights, SENATE CONCURRENT RESOLUTION 48 internationally recognized rights of free as- but no action, and that the United At the request of Mr. KYL, the names sociation and expression. States ultimately cares more about of the Senator from California [Mrs. Whereas like other prisoners, Wei trade than political prisoners. BOXER], the Senator from Nevada [Mr. Jingsheng is in poor health and Chinese au- Judging by the administration’s BRYAN], the Senator from Georgia [Mr. thorities refuse to provide him with proper China policy, it is easy to see why the CLELAND], the Senator from Maine [Ms. medical care; and leadership in Beijing would come to COLLINS], the Senator from Idaho [Mr. Whereas the Department of State 1996 such a conclusion. In 1994, the Presi- CRAIG], the Senator from Ohio [Mr. Human Rights Report states: ‘‘[t]he Govern- dent delinked most-favored-nation ment [of the People’s Republic of China] con- DEWINE], the Senator from Connecti- tinued to commit widespread and well-docu- trade status from human rights. This cut [Mr. DODD], the Senator from Wyo- mented human rights abuses, in violation of was a serious mistake. What we have ming [Mr. ENZI], the Senator from international accepted norms, stemming seen since the delinkage is the reincar- North Carolina [Mr. FAIRCLOTH], the from the authorities’ intolerance of dissent, ceration of political dissidents and in- Senator from Florida [Mr. GRAHAM], fear of unrest, and the absence or inadequacy creased repression in Tibet. the Senator from Minnesota [Mr. of laws protecting basic freedoms.’’: Now, Just this past April, at the meeting GRAMS], the Senator from Iowa [Mr. therefore, be it of the U.N. Human Rights Commission, GRASSLEY], the Senator from Arkansas Resolved, That it is the sense of the Senate the United States mounted what I view that the President should not host a state [Mr. HUTCHINSON], the Senator from as a half-hearted attempt to win pas- visit by the President of the People’s Repub- Idaho [Mr. KEMPTHORNE], the Senator lic of China until— sage of a resolution critical of China’s from Connecticut [Mr. LIEBERMAN], the (1) the Government of the People’s Repub- human rights record. As we all know, Senator from Florida [Mr. MACK], the lic of China immediately and uncondition- that resolution failed to pass, and some Senator from Kansas [Mr. ROBERTS], ally releases Wei Jingsheng, Wang Dan, and of our close allies—including France, S9978 CONGRESSIONAL RECORD — SENATE September 25, 1997 Germany, and Canada—refused to co- the same type of courage. This resolu- AMENDMENTS SUBMITTED sponsor it. Finally, just this past June, tion calls for the release of a signifi- the President once again uncondition- cant number of political and religious ally extended MFN to China for one prisoners in addition to Wei. China THE CELLULAR TELEPHONE more year. must know that the release of one or PROTECTION ACT Now, the administration is preparing two high-profile dissidents is not to give Jiang Zemin a red carpet wel- enough. come in Washington despite the deplor- HATCH AMENDMENT NO. 1251 able human rights conditions in China. In addition to demanding the release (Ordered to lie on the table.) Why wouldn’t Chinese leaders conclude of political prisoners, the resolution Mr. HATCH submitted an amend- that, in the final analysis, the United also calls on China to give prisoners ac- ment intended to be proposed by him States is unwilling to back up its cess to medical care, and to take con- to the bill (S. 493) to amend section human rights concerns with concrete crete steps towards improving overall 1029 of title 18, United States Code, action? human rights conditions in China and with respect to cellular telephone What we have then is not a policy of Tibet. cloning paraphernalia; as follows: constructive engagement but one of These are realistic demands. This On page 6, line 1, strike ‘‘The punishment’’ unconditional engagement. resolution does not say China must and insert the following: An invitation to the White House is change its political system or with- ‘‘(1) IN GENERAL.—The punishment’’. meant to symbolize a relationship of On page 6, line 2, strike ‘‘section’’. draw from Tibet, events that are un- On page 6, line 3, strike ‘‘(1)’’ and insert close cooperation. But the United likely to take place before next month. States simply does not have such a re- ‘‘(A)’’ and indent accordingly. This resolution only states that, in lationship with China. On security is- On page 6, line 7, strike ‘‘(A)’’ and insert order to create the right atmosphere ‘‘(i)’’ and indent accordingly. sues, China has sold sensitive nuclear for a State visit, China must make a On page 6, line 11, strike ‘‘(B)’’ and insert and missile technologies to countries good-faith effort to improve human ‘‘(ii)’’ and indent accordingly. like Pakistan and Iran. The People’s On page 6, line 14, strike ‘‘and’’. Republic of China last year fired mis- rights. On page 6, line 15, strike ‘‘(2)’’ and insert siles toward Taiwan in an attempt to I should also point out that this reso- ‘‘(B)’’ and indent accordingly. disrupt the island’s first democratic lution only applies to a State-level On page 6, line 19, strike the punctuation Presidential election. China has bla- visit. The State Department’s protocol at the end and insert ‘‘; and’’. tantly violated agreements on copy- On page 6, between lines 19 and 20, insert office tells me there are several levels the following: rights and intellectual property. And, of visits including private visits, work- ‘‘(C) in any case, in addition to any other as I have stated, China has made little, ing visits, official visits, and finally, at punishment imposed or any other forfeiture if any, attempt to improve its human the highest level, State visits. My goal required by law, forfeiture to the United rights conditions. in introducing this resolution is not to States of any personal property used or in- Now the administration is rewarding cut off all dialog between the United tended to be used to commit, facilitate, or promote the commission of the offense. this lack of cooperation by hosting States and China. I would not nec- ‘‘(2) APPLICABLE PROCEDURE.—The criminal high-level visits by Chinese officials. essarily object to having Mr. Jiang Last December, the administration forfeiture of personal property subject to for- come to Washington for a working- feiture under paragraph (1)(C), any seizure welcomed China’s Defense Minister, level visit. But I feel the pomp and and disposition thereof, and any administra- Gen. Chi Haotian, to Washington. Mr. symbolism of a State-level visit is in- tive or judicial proceeding in relation there- Chi, also known as the butcher of appropriate given the present situation to, shall be governed by subsections (c) and Beijing, was one of the People’s Libera- in China. (e) through (p) of section 413 of the Con- tion Army officers who led the military trolled Substances Act (21 U.S.C. 853).’’. assault against the citizens of the Chi- Oviously, China will object to this f nese capital on June 4, 1989. Now, the resolution, but it contains a message administration wants to invite the that Beijing must hear. China’s leaders THE DISTRICT OF COLUMBIA President of China for a State visit, have unfortunately interpreted the in- APPROPRIATIONS ACT, 1998 even though the Government of ability of Congress to reach a consen- China—in the spirit of the Tiananmen sus on China’s most-favored-nation sta- GRAHAM (AND OTHERS) Square massacre—continues to per- tus as evidence that Members of Con- AMENDMENT NO. 1252 secute anyone who dares criticize the gress do not really care about human Mr. GRAHAM (for himself, Mr. MACK, Communist regime. Just this week, rights. But I assure you, Mr. President, and Mr. KENNEDY) proposed an amend- China’s Justice Minister ruled out that even though many of my col- ment to the bill (S. 1156) making appro- granting medical parole to pro-democ- leagues have different views on the priations for the government of the racy dissident Wang Dan despite pleas MFN issue, all share my concern for from Wang’s family, who say he is seri- District of Columbia and other activi- the plight of people like Wei ties chargeable in whole or in part ously ill. Jingsheng. When Jiang Zemin is given a 21-gun against the revenues of said District salute at the White House, the United China wants to be treated as a great for the fiscal year ending September 30, States will lose what little credibility power, but it does not want to accept 1998, and for other purposes; as follows: we have left on the issue of human the responsibilities that come with the At the appropriate place, insert the follow- rights. role. It does not want to fulfill its trea- ing new section: Mr. President, this resolution simply ty obligations nor abide by the inter- ‘‘SEC. . IMMIGRATION REFORM TRANSITION ACT calls on the administration to hold off national conventions—including those OF 1997. on a State visit until China releases on human rights—that it has signed. (a) IN GENERAL. —Section 240A, subsection (e), of the Immigration and Nationality Act Wei Jingsheng and other political pris- This resolution sends a clear message is amended— oners. This resolution focuses on Wei that if the United States is to treat (1) in the first sentence, by striking ‘‘this Jingsheng, but only as a symbol of the China like a great power, then China section’’ and inserting in lieu thereof ‘‘sec- thousands of people who are rotting in must comply with international human tion 240A(b)(1)’’; Chinese jail cells or toiling in labor rights standards. (2) by striking ‘‘, nor suspend the deporta- camps because they dared to peacefully tion and adjust the status under section Mr. President, I think it is time for express their political or religious be- 244(a) (as in effect before the enactment of the United States to end its policy of liefs. the Illegal Immigration Reform and Immi- Wei Jingsheng may be the most fa- unconditional engagement and put grant Responsibility Act of 1996),’’; and (3) by striking the last sentence in the sub- mous Chinese dissident, but we should human rights and trade on an equal footing in our China policy. section and inserting in lieu thereof: ‘‘The never forget that there are many more previous sentence shall apply only to re- like him, people whose names we may I therefore urge my colleagues to moval cases commenced on or after April 1, not know, but who nevertheless show support this resolution. 1997, including cases where the Attorney September 25, 1997 CONGRESSIONAL RECORD — SENATE S9979 General exercises authority pursuant to is a citizen of the United States or an alien previous sentence shall apply only to re- paragraphs (2) or (3) of section 309(c) of the lawfully admitted for permanent residence; moval cases commenced on or after April 1, Illegal Immigration Reform and Immigrant or 1997, including cases where the Attorney Responsibility Act of 1996 (P.L. 104–208, Divi- ‘‘(II) is removable under paragraph (2) General exercises authority pursuant to sion C, 110 Stat. 3009).’’. (other than section 237(a)(2)(A)(iii)) of sec- paragraphs (2) or (3) of section 309(c) of the (b) REPEALERS.—Section 309, subsection tion 237(a), paragraph (3) of section 237(a), or Illegal Immigration Reform and Immigrant (c), of the Illegal Immigration Reform and paragraph (2) of section 212(a), has been Responsibility Act of 1996 (P.L. 104–208, Divi- Immigrant Responsibility Act of 1996 (P.L. physically present in the United States for a sion C. 110 Stat. 3009).’’. 104–208, Division C, 110 Stat 3009) is amended continuous period of not less than 10 years (b) REPEALERS.—Section 309, subsection by striking paragraphs (5) and (7). immediately following the commission of an (c), of the Illegal Immigration Reform and (c) SPECIAL RULE.—Section 240A of the Im- act, or the assumption of a status, constitut- Immigrant Responsibility Act of 1996 (P.L. migration and Nationality Act is amended— ing a ground for deportation, and proves that 104–208, Division C, 110 Stat. 3009) is amended (1) In subsection (b), paragraph (3), by during all of such period he has been and is by striking paragraphs (5) and (7). striking ‘‘(1) or (2)’’ in the first and third a person of good moral character, and is a (c) SPECIAL RULE.—Section 240A of the Im- sentences of that paragraph and inserting in person whose removal would, in the opinion migration and Nationality Act is amended— lieu thereof ‘‘(1), (2), or (3)’’, and by striking of the Attorney General, result in excep- (1) In subsection (b), paragraph (3), by the second sentence of that paragraph; tional and extremely unusual hardship to striking ‘‘(1) or (2)’’ in the first and third (2) In subsection (b), by redesignating para- the alien or to his spouse, parent or child, sentences of that paragraph and inserting in graph (3) as paragraph (4); who is a citizen of the United States, or an lieu thereof ‘‘(1), (2), or (3)’’, and by striking (3) In subsection (d), paragraph (1), by alien lawfully admitted for permanent resi- the second sentence of that paragraph; striking ‘‘this section.’’ and inserting in lieu dence. (2) In subsection (b), by redesignating para- thereof’’ subsections (a), (b)(1), and (b)(2).’’; ‘‘(B) Subsection (d) of this section shall not graph (3) as paragraph (4); (4) in subsection (b), by adding after para- apply to determinations under this para- (3) In subsection (d), paragraph (1), by graph (2) the following new paragraph— graph, and an alien shall not be considered striking ‘‘this section.’’ and inserting in lieu ‘‘(3 SPECIAL RULE FOR CERTAIN ALIENS COV- to have failed to maintain continuous phys- thereof ‘‘subsections (a), (b)(1), and (b)(2).’’; (4) in subsection (b), by adding after para- ERED BY THE SETTLEMENT AGREEMENT IN ical presence in the United States under graph (2) the following new paragraph— AMERICAN BAPTIST CHURCHES ET AL. V. clause (A)(iii) of this paragraph if the alien ‘‘(3) SPECIAL RULE FOR CERTAIN ALIENS COV- THORNBURGH (ABC), 760 F. SUPP. 796 (N.D. CAL. demonstrates that the absence from the ERED BY THE SETTLEMENT AGREEMENT IN 1991)— United States was brief, casual, and inno- AMERICAN BAPTIST CHURCHES ET AL. V. ‘‘(A) The Attorney General may, in his or cent, and did not meaningfully interrupt the THORNBURGH (ABC), 760 F. SUP. 796 (N.D. CAL. her discretion, cancel removal and adjust the continuous physical presence. status from such cancellation in the case of 1991)— ‘‘(C) The determination by the Attorney ‘‘(A) The Attorney General may, in his or an alien who is removable from the United General whether an alien meets the require- her discretion, cancel removal and adjust the States if the alien demonstrates that— ments of subparagraph (A) or (B) of this ‘‘(i) the alien has not been convicted at any status from such cancellation in the case of paragraph is final and shall not be subject to an alien who is removable from the United time of an aggravated felony and review by any court. Nothing in the preced- ‘‘(I) was not apprehended after December States if the alien demonstrates that— ing sentence shall be construed as limiting ‘‘(i) the alien has not been convicted at any 19, 1990, at the time of entry, and is either the application of subparagraph (B) of sec- ‘‘(aa) a Salvadoran national who first en- time of an aggravated felony and— tion 242(a)(2) to other eligibility determina- ‘‘(I) was not apprehended after December tered the United States on or before Septem- tions pertaining to discretionary relief under 19, 1990, at the time of entry, and is either— ber 19, 1990, and who registered for benefits this Act.’’. ‘‘(aa) a Salvadoran national who first en- pursuant to the ABC settlement agreement (d) EFFECTIVE DATE OF SUBTITLE (C).—The tered the United States on or before Septem- on or before October 31, 1991, or applied for amendments made by subtitle (c) shall be ef- ber 19, 1990, and who registered for benefits Temporary Protected Status on or before Oc- fective as if included in Illegal Immigration pursuant to the ABC settlement agreement tober 31, 1991; or Reform and Immigrant Responsibility Act of on or before October 31, 1991, or applied for ‘‘(bb) a Guatemalan national who first en- 1996 (P.L. 104–208, Division C, 110 Stat. 3009). Temporary Protected Status on or before Oc- tered the United States on or before October (e) APPEAL PROCESS.—Any alien who has tober 31, 1991; or 1, 1990, and who registered for benefits pursu- become eligible for suspension of deportation ‘‘(bb) a Guatemalan national who first en- ant to the ABC settlement agreement by De- or cancellation of removal as a result of the tered the United States on or before October cember 31, 1991; or amendments made by subsection (b) and (c) 1, 1990, and who registered for benefits pursu- ‘‘(cc) the spouse or unmarried son or may, notwithstanding any other limitations ant to the ABC settlement agreement by De- daughter of an alien described in (aa) of this on motions to reopen imposed by the Immi- cember 31, 1991; or subclause, provided that the spouse, son or gration and Nationality Act or by regulation ‘‘(cc) the spouse or unmarried son or daughter entered the United States on or be- file one motion to reopen to apply for sus- daughter of an alien described in (aa) of this fore September 19, 1990, or the spouse or un- pension of deportation or cancellation of re- subclause, provided that the spouse, son or married son or daughter of an alien described moval. The Attorney General shall designate daughter entered the United States on or be- in (bb) of this subclause, provided that the a specific time period in which all such mo- fore September 19, 1990, or the spouse or un- spouse, son or daughter enter the United tions to reopen must be filed. The period married son or daughter of an alien described States on or before October 1, 1990; or must begin no later than 120 days after the in (bb) of this subclause, provided that the ‘‘(II) is an alien who date of enactment of this Act and shall ex- spouse, son or daughter entered the United (aa) is a Nicaraguan, Guatemalan, or Sal- tend for a period of 180 days. States on or before October 1, 1990; or vadoran who filed an application for asylum ‘‘(II) is an alien who— with the Immigration and Naturalization MACK (AND OTHERS) AMENDMENT ‘‘(aa) is a Nicaraguan, Guatemalan, or Sal- Service before April 1, 1990, and the Immigra- vadoran who filed an application for asylum tion and Naturalization Service had not NO. 1253 with the Immigration and Naturalization granted, denied, or referred that application Mr. MACK (for himself, Mr. GRAHAM, Service before April 1, 1990, and the Immigra- as of April 1, 1997; or and Mr. KENNEDY) proposed an amend- tion and Naturalization Service had not (bb) is the spouse or unmarried son or ment to amendment No. 1252 proposed granted, denied, or referred that application daughter of an alien described in (aa) of this by Mr. GRAHAM to the bill, S. 1156, as of April 1, 1997; or subclause, provided that the spouse, son or (bb) is the spouse or unmarried son or daughter entered the United States on or be- supra; as follows: daughter of an alien described in (aa) of this fore April 1, 1990; and Strike all after the word ‘‘SEC. .’’ and in- subclause, provided that the spouse, son or ‘‘(ii) the alien is not described in paragraph sert the following: daughter entered the United States on or be- (4) of section 237(a) or paragraph (3) of sec- IMMIGRATION REFORM TRANSITION ACT OF fore April 1, 1990; and— tion 212(a) of the Act; and 1997. ‘‘(ii) the alien is not described in paragraph ‘‘(iii) the alien (a) IN GENERAL.—Section 240A, subsection (4) of section 237(a) or paragraph (3) of sec- ‘‘(I) is removable under any law of the (e), of the Immigration and Nationality Act tion 212(a) of the Act; and— United States except the provisions specified is amended— ‘‘(iii) the alien— in subclause (II) of this clause, has been (1) in the first sentence, by striking ‘‘this ‘‘(I) is removable under any law of the physically present in the United States for a section’’ and inserting in lieu thereof ‘‘sec- United States except the provisions specified continuous period of not less than seven tion 240A(b)(1)’’; in subclause (II) of this clause, has been years immediately preceding the date of (2) by striking ‘‘, nor suspend the deporta- physically present in the United States for a such application, and proves that during all tion and adjust the status under section continuous period of not less than seven of such period he was and is a person of good 244(a) (as in effect before the enactment of years immediately preceding the date of moral character, and is a person whose re- the Illegal Immigration Reform and Immi- such application, and proves that during all moval would, in the opinion of the Attorney grant Responsibility Act of 1996),’’; and of such period he was and is a person of good General, result in extreme hardship to the (3) by striking the last sentence in the sub- moral character, and is a person whose re- alien or to his spouse, parent, or child, who section and inserting in lieu thereof: ‘‘The moval would, in the opinion of the Attorney S9980 CONGRESSIONAL RECORD — SENATE September 25, 1997 General, result in extreme hardship to the tee on Commerce, Science, and Trans- The PRESIDING OFFICER. Without alien or to his spouse, parent, or child, who portation be authorized to meet on objection, it is so ordered. is a citizen of the United States or an alien Thursday, September 25, 1997, at 10 COMMITTEE ON FORESTS AND PUBLIC LAND lawfully admitted for permanent residence; a.m. on S. 852—motor vehicle titling MANAGEMENT or— ‘‘(II) is removable under paragraph (2) reform. Mr. COATS. Mr. President, I ask (other than section 237(a)(2)(A)(iii)) of sec- The PRESIDING OFFICER. Without unanimous consent that the Sub- tion 237(a), paragraph (3) of section 237(a), or objection, it is so ordered. committee on Forests and Public Land paragraph (2) of section 212(a), has been COMMITTEE ON ENERGY AND NATURAL Management of the Committee on En- physically present in the United States for a RESOURCES ergy and Natural Resources be granted continuous period of not less than 10 years Mr. COATS. Mr. President, I ask permission to meet during the session immediately following the commission of an unanimous consent that the Commit- of the Senate on Thursday, September act, or the assumption of a status, constitut- tee on Energy and Natural Resources 25, for purposes of conducting a sub- ing a ground for deportation, and proves that during all of such period he has been and is be granted permission to meet during committee hearing which is scheduled a person of good moral character, and is a the session of the Senate on Thursday, to begin at 2 p.m. The purpose of this person whose removal would, in the opinion September 25, for purposes of conduct- hearing is to receive testimony on S. of the Attorney General, result in excep- ing a full committee hearing which is 799, a bill to direct the Secretary of the tional and extremely unusual hardship to scheduled to begin at 9:30 a.m. The pur- Interior to transfer to the personal rep- the alien or to his spouse, parent or child, pose of this oversight hearing is to re- resentative of the estate of Fred who is a citizen of the United States, or an ceive testimony on the Federal agency Steffans of Big Horn County, WY, cer- alien lawfully admitted for permanent resi- energy management provisions of the tain land compromising the Steffans dence. family property; S. 814, a bill to direct ‘‘(B) Subsection (d) of this section shall not Energy Policy Act of 1992. apply to determinations under this para- The PRESIDING OFFICER. Without the Secretary of the Interior to trans- graph, and an alien shall not be considered objection, it is so ordered. fer to John R. and Margaret J. Lowe of to have failed to maintain continuous phys- COMMITTEE ON FINANCE Big Horn County, WY, certain land so ical presence in the United States under Mr. COATS. Mr. President, the Fi- as to correct an error in the patent is- clause (A)(iii) of this paragraph if the alien nance Committee requests unanimous sued to their predecessors in interest; demonstrates that the absence from the consent to conduct a hearing on Thurs- and H.R. 960, a bill to validate certain United States was brief, casual, and inno- day, September 25, 1997 beginning at 9 conveyances in the city of Tulare, cent, and did not meaningfully interrupt the Tulare County, CA, and for other pur- continuous physical presence. a.m. in room 106 Dirksen. The PRESIDING OFFICER. Without poses. ‘‘(C) The determination by the Attorney The PRESIDING OFFICER. Without General whether an alien meets the require- objection, it is so ordered. objection, it is so ordered. ments of subparagraph (A) or (B) of this COMMITTEE ON FOREIGN RELATIONS paragraph is final and shall not be subject to Mr. COATS. Mr. President, I ask f review by any court. Nothing in the preced- unanimous consent that the Commit- ADDITIONAL STATEMENTS ing sentence shall be construed as limiting tee on Foreign Relations be authorized the application of subparagraph (B) of sec- to meet during the session of the Sen- tion 242(a)(2) to other eligibility determina- TRIBUTE TO GEORGE MURPHY tions pertaining to discretionary relief under ate on Thursday, September 25, 1997, at this Act.’’. 2 p.m. to hold a hearing. ∑ Mr. KENNEDY. Mr. President, it is a (d) EFFECTIVE DATE OF SUBTITLE (C).—The The PRESIDING OFFICER. Without privilege to take this opportunity to amendments made by subtitle (c) shall be ef- objection, it is so ordered. pay tribute to an outstanding leader in fective as if included in Illegal Immigration COMMITTEE ON GOVERNMENTAL AFFAIRS the American labor movement. All of Reform and Immigrant Responsibility Act of Mr. COATS. Mr. President, I ask us who know and admire George Mur- 1996 (P.L. 104–208, Division C, 110 Stat. 3009). phy are proud of his lifetime of com- (e) APPEAL PROCESS.—Any alien who has unanimous consent on behalf of the become eligible for suspension of deportation Governmental Affairs Committee Spe- mitment to improving the lives of or cancellation of removal as a result of the cial Investigation to meet on Thurs- working communities across America, amendments made by subsection (b) and (c) day, September 25, at 10 a.m. for a and are saddened by his retirement as may, notwithstanding any other limitations hearing on campaign financing issues. general counsel of the United Food and on motions to reopen imposed by the Immi- The PRESIDING OFFICER. Without Commercial Workers International gration and Nationality Act or by regulation objection, it is so ordered. Union. file one motion to reopen to apply for sus- COMMITTEE ON LABOR AND HUMAN RESOURCES In a very real sense, George has lived pension of deportation or cancellation of re- the American dream. He was born and moval. The Attorney General shall designate Mr. COATS. Mr. President, I ask unanimous consent that the Commit- raised in Washington, DC. His father, a specific time period in which all such mo- William, served as a police officer here. tions to reopen must be filed. The period tee on Labor and Human Resources be must begin no later than 120 days after the authorized to meet for a hearing on to- His mother, Rose, was a dedicated date of enactment of this Act and shall ex- bacco settlement during the session of school teacher. George’s parents in- tend for a period of 180 days. the Senate on Thursday, September 25, stilled in him the commitment to ex- (f) EFFECTIVE DATE OF SECTION.—This sec- 1997, at 10 a.m. cellence and service that have made tion shall take effect one day after enact- The PRESIDING OFFICER. Without him one of the finest and most re- ment of this Act. objection, it is so ordered. spected labor attorneys in the country. f Throughout his 31 years of service, he COMMITTEE ON RULES AND ADMINISTRATION has demonstrated extraordinary dedi- AUTHORITY FOR COMMITTEES TO Mr. COATS. Mr. President, I ask cation to the ideals and principles of MEET unanimous consent that the Commit- the labor movement that have led to so COMMITTEE ON BANKING, HOUSING, AND URBAN tee on Rules and Administration be au- many achievements for union members AFFAIRS thorized to meet during the session of and for millions of other workers Mr. COATS. Mr. President, I ask the Senate on Thursday, September 25, across the country whose lives are bet- unanimous consent that the Commit- 1997, at 9:30 a.m. until business is com- ter today because of George Murphy. tee on Banking, Housing, and Urban pleted, to conduct a hearing on Capitol George’s impressive leadership for Affairs be authorized to meet during security issues. the benefit of all working men and the season of the Senate on Thursday, The PRESIDING OFFICER. Without women and their families will be long September 25, 1997, to conduct a mark- objection, it is so ordered. remembered. I extend my warmest up of the committee print to reauthor- COMMITTEE ON AFRICAN AFFAIRS wishes and congratulations to George ize the transit provisions of ISTEA. Mr. COATS. Mr. President, I ask on his retirement. His outstanding The PRESIDING OFFICER. Without unanimous consent that the Sub- service is an inspiration to us all.∑ objection, it is so ordered. committee on African Affairs of the f COMMITTEE ON COMMERCE, SCIENCE, AND Committee on Foreign Relations be au- TRANSPORTATION thorized to meet during the session of TRIBUTE TO DON GORDON Mr. COATS. Mr. President, I ask the Senate on Thursday, September 25, ∑ Mr. MCCONNELL. Mr. President, I unanimous consent that the Commit- 1997, at 10 a.m. to hold a hearing. rise today to recognize the career of September 25, 1997 CONGRESSIONAL RECORD — SENATE S9981 Don Gordon, an outstanding news- that an alarming number of companies In addition, some prominent economists paperman, who has retired after a dis- and governments are failing to cope and William J. McDonough, the president of tinguished career in journalism. Don with the impending year 2000 computer the New York Federal Reserve Bank, have served the western Kentucky area for 8 crisis. warned that failure to cope with the 2000 A study by the respected Gartner problem properly could cause a global reces- years as editorial editor for the Padu- sion. cah Sun. Group, which specializes on informa- The millennium bug dates back to the Don was born in Overland, MO, and tion technology, indicates that fully dawn of the computer age, when computer upon graduating high school, served his ‘‘30 percent of companies worldwide memory was so scarce that programmers ab- country in the navy during the Korean had not started addressing the year breviated the year as two digits. A computer war. In 1959, he graduated from the 2000 problem,’’ and that of those ‘‘88 that read ‘‘97’’ as a date assumed it meant University of Missouri with a degree in percent were smaller companies.’’ This 1997. After the turn of the century, those journalism and has worked for news- is most troubling news. Failure to com- same programs, unless corrected, will read ‘‘00’’ as 1900, disrupting everything from the papers ever since. Don has been a re- ply could lead, in the opinion of Wil- liam J. McDonough, the president of calculation of interest rates to the shelf life porter, city editor, copy editor, and of breakfast cereal. Because the two-digit managing editor and has worked for the New York Federal Reserve Bank, dates appear in different forms in different newspapers in Missouri, Illinois, Okla- to a global recession. software, finding and correcting each pro- homa, and South Carolina, before com- Analysts are also predicting that gram is extremely time consuming and labor ing to Kentucky. He and his wife, Zona, many companies will go out of business intensive. moved to Paducah in 1989, to return to when their computer systems fail at The Gartner Group has said in the past a part of the country they love. the turn of the century. Again I quote that fixing existing computer software will Don’s interest in writing began at a the Times article: ‘‘Edward Yardeni, cost between $300 billion and $600 billion, an the chief economist at Deutsche Mor- estimate that has not been increased as a re- very early age, and during his school sult of the study. Mr. Hotle said that other days he was involved in printing neigh- gan Grenfell, issued a report last week saying that there is a 35-percent estimates, including the costs of new hard- borhood news and sports sheets. In the ware, business interruptions and potential years when Don first became a profes- chance that the millennium bug will litigation, could push the figure over $1 tril- sional journalist, it was very rare for a cause ‘at least a mild global recession’ lion. reporter to be credited with a byline. in 2000.’’ The study surveyed 2,300 companies, insti- However, a series of articles Don wrote My first day bill, S. 22, would estab- tutions and government agencies in 17 coun- covering a murder trial so impressed lish an independent commission, more tries. Each was given a rating based on their like a task force, to ensure that the progress. The results show that most large one of his first editors, that he was Federal Government will be compliant, companies are already well along in their ef- given a byline for his good work. This and to ensure that awareness and com- forts to cope with the millennium bug, led by was only to be the first of many in- pliance will be raised in the private the financial services industry. Though only stances in which Don’s work was to be 52 percent of companies with more than sector. recognized by his peers. While reluc- 20,000 employees were considered well posi- I ask that the article from today’s tant to mention such things, he has tioned, the figure was nearly 80 percent in Times, ‘‘Many Reported Unready To won awards for best editorial from the the United States. Face Year 2000 Bug,’’ be printed in the Kentucky Press Association and was The problem is that many large companies RECORD. are becoming increasingly dependent on nominated for a Pulitzer Prize for jour- The article follows: smaller suppliers that may not be as well nalism. [From the New York Times, Sept. 25, 1997] prepared. For example, if a crucial parts sup- ‘‘Excellence’’ is the word that best MANY REPORTED UNREADY TO FACE YEAR 2000 plier cannot deliver to a big auto maker, it describes Don’s work. Day after day, he BUG will not matter that the auto company is year-2000 compliant. consistently brought public issues into (By Laurence Zuckerman) perspective by combining a mastery of ‘‘You are going to see some major slow- A new study shows that a large proportion downs because of these small companies,’’ the written language and knowledge of of businesses and government agencies a variety of subjects, both local and na- said Lou Marcoccio, research director of around the world are not properly preparing Gartner’s year 2000 practice. tional. He was a newspaperman’s news- for the effect that the year 2000 will have on Some analysts have also predicted that a paperman. their computer systems, increasing the pos- number of companies, already teetering on Retirement in Don’s case does not sibility of potentially serious disruptions as the edge, will go out of business when their mean that he will be inactive. After 41 the end of the century approaches. computer systems fail as a result of the bug. The study by the Gartner Group, an ad- years of marriage, he and Zona will Edward Yardeni, the chief economist at viser on information technology, found that Deutsche Morgan Grenfell, issued a report now have the opportunity to travel. 30 percent of companies worldwide had not last week saying that there is a 35 percent The West and Alaska beckon. The cou- started addressing the year 2000 problem, or chance that the millennium bug will cause ple also looks forward to serving as the millennium bug, as it is often called. Of ‘‘at least a mild global recession’’ in 2000. volunteer missionaries. They are active these, 88 percent were smaller companies While the Federal Government has come with fewer than 2,000 employees. in Trinity Baptist Church, and have under criticism in Congress, the Gartner ‘‘We are going to see a very large number been involved in the Gideon Bible Soci- study found that the United States is far of small companies in very serious trouble,’’ ety, and served in jail and prison min- ahead of other countries. Last week, the Of- said Matthew Hotle, an analyst at Gartner, fice of Management and Budget sent a report istries. which is based in Stamford, Conn. ‘‘They are to Congress predicting that the cost of fixing Mr. President, I commend Don Gor- not going to finish in time.’’ don for his outstanding service to west- The research also showed that large insti- the Government’s computers would be $3.8 ern Kentucky. He will be missed by tutions, like universities and hospitals, and billion.∑ friends and coworkers, and just as im- Government agencies, were far behind in f portantly, by his many devoted read- their efforts. ‘‘We were expecting that some MAJ. GEN. RAY E. MCCOY, USA ers. I ask that you and my fellow col- agencies would have at least made up some leagues join me in recognizing the ca- ground over the last six to nine months,’’ ∑ Mr. INHOFE. Mr. President, I rise Mr. Hotle added, ‘‘but they are way behind.’’ today to commend Maj. Gen. Ray E. reer of this outstanding Kentuckian, The study, which is scheduled to be issued and wishing him well in all future pur- next month at an annual Gartner Group McCoy, USA, upon his retirement from suits.∑ symposium, comes at a time when concern is the United States Army after more f rising about the potential impact of the mil- than 32 years of distinguished and dedi- lennium bug. Last week, Representative cated service to our Nation. THE GARTNER GROUP, THE NEW Steve Horn of California, the Republican Major General McCoy, a native son of YORK FEDERAL RESERVE BANK, chairman of the House subcommittee that the Oklahoma farmland, graduated in AND DEUTSCHE MORGAN oversees information technology issues, 1965 from Oklahoma State University, GRENFELL AGREE: POTENTIAL graded the preparation efforts of 24 Govern- where he received the prestigious ment agencies. Eleven received either D’s or FOR A ‘‘MILD GLOBAL Drummond Saber Award as the year’s RECESSIO’’ F’s, including the National Aeronautics and Space Administration, the Department of outstanding ROTC graduate. That ∑ Mr. MOYNIHAN. Mr. President, we Energy, the Nuclear Regulatory Commission honor was the harbinger of an extraor- learn today in the New York Times and the Department of Transportation. dinary military career. S9982 CONGRESSIONAL RECORD — SENATE September 25, 1997 After completing Infantry School and Whereas, more than two hundred law en- After the Warsaw Pact realized what Ranger training, Ray McCoy served in forcement officials, from rural areas, have had happened after his departure from a variety of combat and command as- attended these regional meetings and vali- Poland, Colonel Kuklinski was issued signments stateside and overseas, in- dated the need for federal assistance in areas in absentia a death sentence by a mili- of technical assistance, management train- cluding two tours in Vietnam and one ing, and the formation of an information tary tribunal. in Korea. In the operations theater, his clearinghouse for rural law enforcement On Monday, the Polish Government— abiding concern for his charges, his agencies; and the government of a free and demo- roll-up-your-sleeves approach to get- Whereas, the majority of existing local, cratic Poland—took the step of drop- ting the mission done, and his tem- state, and federal programs are too costly for ping espionage charges against this pered-steel military bearing earned small rural enforcement agencies and are hero and formally recognized that his him the respect of all who soldiered generally designed to serve the larger law actions served the highest interests of enforcement agencies of the country; and with and for him. Whereas, approximately one-third of all Poland. I commend the Polish Govern- As his career progressed, he served in Americans live in rural areas, ninety percent ment and its military for taking this a number of high-level staff positions of all law enforcement agencies serve popu- much needed step. at the Department of the Army, Joint lations of less than 25,000 residents, seventy- I decided to raise the heroic story of Chiefs of Staff, the Army Material five percent of all law enforcement agencies Colonel Kuklinski for two reasons. Command, and the Defense Logistics serve a population of fewer than 10,000 resi- First, to thank him and to express my Agency [DLA] America’s combat sup- dents, while rural violent crime has in- admiration for the sacrifices he made port agency. For the past 2 years, creased over thirty-five per cent in the last for a free and democratic Poland. Sec- ten years; and Major General McCoy has served as Whereas, rural law enforcement agencies ond, as the Senate will soon be consid- DLA’s Principal Deputy Director. His have staffing limitations and financial limi- ering Poland’s application for NATO vision and leadership were vital to the tations which make it difficult to properly membership, it is important to remem- agency’s business-process reengineer- train on and/or address the specific crime-re- ber that Poland is not a former foe, but ing, which incorporated the best public lated issues facing all rural law enforcement was once a captive nation whose people and private sector practices. These ini- administrators in our country; and were ready to risk anything in order Whereas, we believe that the creation of a for their country to be free and to be tiatives elevated material readiness national center for rural law enforcement and strengthened the management and would enhance and complement present full member of the transatlantic com- oversight of Defense contracts—and at state standards and training and does not du- munity of democracies.∑ markedly reduced cost to the tax- plicate any existing program; now, therefore, f payers and the warfighters. Blending be it Resolved, That the Vermont Association of COMPREHENSIVE TEST BAN combat experience with business acu- TREATY men, Ray McCoy was instrumental in Chiefs of Police strongly support the cre- ation of the National Center for Rural Law ∑ MR. FEINGOLD. Mr. President, I rise the agency’s successful efforts to accel- Enforcement that would be funded through erate logistics response and improve today to commend President Clinton federal legislation; for submitting the Comprehensive Test weapons-systems readiness. With Major Be it further resolved, That the operational General McCoy having led the charge, control and oversight of the National Center Ban Treaty to the Senate for its advice DLA is now a front line partner with for Rural Law Enforcement would rest upon and consent. This treaty represents decades of combat and contingency operations an advisory board made up primarily of Sheriffs and Chiefs of Police from rural law work by eight administrations. forces in Bosnia and around the world. Now it is time for the Senate to do Whether it was on the rough terrain enforcement agencies from each region of the county.∑ its job and ratify the CTBT at the ear- of the combat theater or behind a desk, f liest possible date. Ray McCoy served his country with Just as the United States was a lead- valor, loyalty, and integrity. With the COL. RYSZARD KUKLINSKI er in the development of nuclear weap- physical stature of a sturdy oak and ∑ Mr. ROTH. Mr. President, I rise ons, the U.S. has also led the drive to the energy of a southwestern tornado, today to acknowledge the work of an limit nuclear testing. On June 10, 1963, Ray McCoy demonstrates time and unsung hero, a man whose unparalleled President John F. Kennedy made an time again that he truly deserves to be sense of duty to a free and democratic historic address at American Univer- called a soldier’s soldier. On the occa- Poland contributed immeasurably not sity during which he announced that sion of his retirement from the U.S. only to that country’s freedom from the U.S. and the Soviet Union would Army, I offer my congratulations and Soviet domination but also to the secu- begin negotiations on a comprehensive thanks to this esteemed son of the rity of the United States. I refer to Col. test ban treaty. Sooner State, and wish him well in his Ryszard Kuklinski. President Kennedy said, ‘‘The conclu- future pursuits.∑ You see, during the height of the cold sion of such a treaty, so near and yet f war, when NATO and Soviet-led War- so far, would check the spiraling arms NATIONAL CENTER FOR RURAL saw Pact forces confronted each other race in one of its most dangerous areas. LAW ENFORCEMENT in a divided Europe, Colonel Kuklinski It would place the nuclear powers in a risked his life to help free Poland from position to deal more effectively with ∑ Mr. LEAHY. Mr. President, I ask to foreign oppression. one of the greatest hazards which man have printed in the RECORD a copy of a This risk came in the form of over faces in 1963, the further spread of nu- resolution passed on May 29, 1997, by 35,000 pages of secret military docu- clear arms.’’ the Vermont Association of Chiefs of ments he turned over to the United In the years since President Kennedy Police supporting H.R. 1524 which cre- States Government, documents that made those remarks, the world has wit- ates a National Center for Rural Law detailed Soviet operational plans for nessed the end of the Cold War, and the Enforcement. surprise attacks on Western Europe, spiraling arms race he spoke of has I would like to thank them for shar- scenarios for a nuclear launch, speci- come to an end. ing these resolutions with me. I also fications for more than 200 advanced But the spread of nuclear weapons is look forward to working with Senators Soviet weapons systems, and details of still as great a hazard in 1997 as it was HATCH, BIDEN, and others in introduc- Soviet plans to impose Marshal law on in 1963. President Kennedy saw then ing legislation in the Senate in support Poland. His information was an invalu- that banning nuclear testing was an of a National Center for Rural Law En- able asset to the West, and contributed important step in curbing the pro- forcement. immensely to the alliance’s success in liferation of nuclear weapons. The resolution follows: deterring Soviet aggression in Europe. Now, 34 years after President Ken- Whereas, the Vermont Association of Colonel Kuklinski asked for nothing nedy’s speech and 52 years after the Chiefs of Police support the National Center in return for his information. Instead, for: Rural Law Enforcement as several chiefs first nuclear test, we are finally on the have attended regional conferences to dis- he was forced to flee his country with verge of ending all nuclear explosions, cuss and identify the training and technical his family when his actions were dis- including those underground. assistance needs of rural law enforcement covered by Soviet authorities some- I fully agree with President Clinton, agencies nationwide; and time in 1981. who—in announcing the action on this September 25, 1997 CONGRESSIONAL RECORD — SENATE S9983 treaty in front of the United Nations Nuclear explosions of any substantial gest challenges: ending the threat of General Assembly earlier this week— size are very difficult to hide. This nuclear war. proclaimed the CTBT as the ‘‘longest- treaty will establish an international We must meet this challenge. sought, hardest-fought prize in the his- monitoring system that incorporates f tory of arms control.’’ seismological, infrasound, and other I think President Bush and President technologies. State-of-the-art seis- TRIBUTE TO RAFAEL GARCIA AND Clinton deserve a great deal of credit mological sensors can detect blasts as OCTAVIO VIVEROS, JR. for making the final push to achieve a small as one kiloton anywhere in the total test ban. world. ∑ Mr. BOND. Mr. President, I rise In 1992, President Bush decided to But the treaty also includes provi- today to pay tribute to the Hispanic place a unilateral moratorium on nu- sions for on-site monitoring so inspec- American population during National clear tests. President Clinton then ex- tors can visit test sights quickly if Hispanic Heritage Month. Every year, tended the moratorium until a com- there is any suspicion that a nuclear from September 15 through October 15, prehensive test ban could be negotiated blast has occurred. Hispanic Americans celebrate their with the other nuclear powers. Events of the last month have illus- Heritage and are honored for their The leadership shown by President trated how important it is to have a many civic contributions and achieve- Bush and President Clinton created the well-monitored CTBT. On August 16, ments throughout the Nation. In the momentum that led to the passage of seismologists detected evidence that spirit of Hispanic Heritage Month, I the CTBT in the United Nations last Russia may have exploded a nuclear de- recognize two individuals, Rafael Gar- year. Had the United States not taken vice at its test site in the Arctic. How- cia and Octavio Viveros, Jr., whom I the initiative to halt its nuclear test- ever, there is evidence to back Mos- nominated to represent my home State ing first, I doubt that the Senate would cow’s claim that the seismic activity of Missouri on the United States Sen- have a test ban treaty to consider. was the result of an underwater earth- ate Task Force on Hispanic Affairs. It is critical that the United States quake, rather than a nuclear test. Rafael Garcia is president and owner not shirk its leadership role now that The monitoring regime that the of Rafael Architects, Inc. (RAI). Hon- the CTBT is so close to going into ef- CTBT will establish will make it much ored with many architectural awards, fect. Already, eight states have ratified easier to investigate such incidents and Rafael has also received numerous the CTBT including Japan, which rati- will reduce mutual suspicion between Community Service awards. In 1997, fied the treaty this past July, and, the nuclear powers. Rafael earned ‘‘Entrepreneur of the most recently, the Czech Republic on The Comprehensive Test Ban Treaty Year Finalist’’ to add to his Hispanic the 8th of this month. is indeed something that will enhance Leadership award, and his ‘‘Top 25 His- But obviously the CTBT will be the security of the United States. In panic Leaders in Kansas City’’ honor meaningless unless the five major nu- addition to making the nuclear pro- given by Dos Mundos Newspaper. He is clear powers ratify it. Here is where grams of China and Russia more trans- a member of several Charity and Com- the United States can once again be at parent, the test ban will make it sig- munity Boards of Directors including the front of the line. The United States nificantly more difficult for rogue Heart of America United Way, Star- has, after all, conducted the lion’s states like Iran or Iraq to complete de- light Theater and the Kansas City Art share of nuclear tests in the last 50 velopment of their own nuclear weap- Institute. Rafael volunteers for years—1,030 in all, compared to 715 by ons. FOCUS/Odyssey 2000 West as a the Soviet Union; 45 by the United As a complement to the CTBT, the facilitator and for Project HOPE (Hope, Kingdom; 210 by France and 45 by United States and the other nuclear Opportunity, Performance, Education China. powers should do all they can to ensure through Entrepreneurship) and has But perhaps the greatest challenge to that threshold countries do not have been written up in several prominent this treaty will be getting the access to advanced technology—such as magazines for his many accomplish- undeclared nuclear powers on board. high-speed computer modeling—that ments and contributions. He personi- India and Pakistan have not signed the would help them to develop reliable fies everything positive in the Kansas CTBT and their absence endangers the weapons without actually conducting City Metropolitan area and I am ex- entire treaty. As two countries who nuclear tests. cited to have him working on this im- have been in conflict with each other Mr. President, the Comprehensive portant cause for Hispanic commu- since becoming independent nations, Test Ban Treaty is now in our hands nities across the United States. India and Pakistan may have the most and it is up to the Senate to act. to gain from a ban on nuclear tests. I hope the Chairman of the Senate Octavio Viveros, Jr. is a Founder and The United States, along with each Foreign Relations Committee [Mr. Partner of Viveros & Barrera L.C. Law of the 145 other nations who have HELMS] will hold hearings on this trea- Firm and is Founder and President of signed the treaty, need to work to- ty before the end of the First Session LatAm Trading, Inc. Octavio has been gether to convince India of the wisdom of the 105th Congress so that the full appointed to the Board of Indigent’s of the comprehensive test ban. India Senate can ratify the CTBT by early Defense a Gubernatorial Appointment should realize that the CTBT is just next year. for the State of Kansas and the Key another step towards complete nuclear This treaty has won near unanimous Commission a Mayoral Appointment disarmament. Islamabad [iz-LAHM-ah- support in the United Nations. Coun- for the City of Kansas City, MO. He is BAHD] indicates that once India agrees tries—both Communist and capitalist, the founder of the Hispanic Economic to the CTBT, Pakistan would also sign. developing and developed—have signed Development Corporation of Kansas This is an historic opportunity to help this treaty. The CTBT has overwhelm- City, a former President of the Board facilitate peace in Asia—one that the ing multilateral support and it de- of Directors for the Hispanic Chamber United States should not miss. serves full bipartisan support in the of Commerce of Greater Kansas City North Korea is another holdout. Senate. and a member of the Kansas City But, unlike Pakistan and India, the I urge all my colleagues to support Centurious Leadership Program, to North Koreans have yet to show a true the Comprehensive Test Ban Treaty. name a few of his civic accomplish- commitment to greater integration in Let me close with another quote ments. Octavio has earned many the international system. Many intel- from President Kennedy’s speech at awards including recognition as one of ligence analysts from both the United American University. ‘‘Genuine peace the ‘‘25 Most Influential Hispanics in States and South Korea believe that must be the product of many nations, Kansas City’’ in 1993 by Dos Mundos North Korea may already possess a the sum of many acts. It must be dy- Newspaper. Most recently he attended crude nuclear device. namic, not static, changing to meet United States Senate Republican Con- Hopefully, one day, even North Korea the challenge of each new generation. ference as a member of the Task Force will bend to international pressure and For peace is a process—a way of solv- on Hispanic Affairs here in Washing- accept a test ban. ing problems.’’ ton, DC. His continuing commitment Despite what critics of the CTBT Mr. President, the CTBT is an impor- to not only the Kansas City Commu- might say, the treaty is enforceable. tant tool in meeting one of today’s big- nity, but also the entire Hispanic S9984 CONGRESSIONAL RECORD — SENATE September 25, 1997 American Community is a positive ex- When the Pentagon listed the anti- 3. Tension on the tripwire sets off the fuse, ample for all and I am extremely personnel land mines it was no longer al- sending low-flying fragments in all direc- pleased to have him on my team. lowed to export under a 1992 congressionally tions. I believe that Rafael and Octavio will imposed ban, these types were on the list. And when Clinton announced in January f be able to help the Hispanic commu- that he would cap the U.S. stockpile of anti- nity by encouraging growth and oppor- personnel land mines in the inventory, they tunity. Each year exemplary leadership were on that list too. TRIBUTE TO ANGENETTE ‘‘ANGIE’’ in the Hispanic Community is evi- At the time, there were a total of 1 million MARTIN denced by achievement in the work Gators, Volcanos and MOPMS, as well as 9 million ADAMs. (Only some ADAMs are used ∑ Mrs. FEINSTEIN. Mr. President, a force and community involvement. It woman who devoted most of her life to is impressive to watch this expansion in conjunction with antitank mines, and those particular devices are no longer con- improving the lives of others lost her and I congratulate all Hispanic Ameri- sidered antipersonnel land mines.) battle with cancer recently, and I cans, especially Rafael and Octavio, The unclassified Joint Chiefs of Staff brief- would like to take a moment to ac- during this important month of Herit- ing charts used to explain the impact of leg- knowledge the accomplishments and age. I commend them on their present islation to Congress this year explicitly the contributions of this extraordinary state that Gators, Volcanos, MOPMS and success and hope for even more in the woman. years to come.∑ ADAMs are antipersonnel land mines. So does a June 19 Army information paper Angie Martin struggled with the f titled ‘‘US Self-Destructing Anti-Personnel dreaded disease of breast cancer for the LANDMINES Landmine Use.’’ So does a fact sheet issued past 5 years. She died on August 31 at in 1985 by the Army Armament, Munition ∑ Mr. LEAHY. Mr. President, many her home in Sausalito, CA, and a me- and Chemical Command. morial service will be held here in have asked whether the Department of As does a recent Army ‘‘Information Tab,’’ Defense has so involved itself in the which explains that the Gator is ‘‘packed Washington, DC on Monday, September landmine debate that they have even with a mix of ‘smart’ AP [antipersonnel] and 29. The many people who knew Angie changed definition to win in their op- ‘smart’ AT [antitank] mines.’’ know that this memorial will not be in position to joining the majority of na- And when Air Force Gen. Joseph W. Ral- mourning for her death, but in celebra- tions seeking a ban. ston, vice chairman of the Joint Chiefs of tion of a life of service to others. Staff, briefed reporters at the White House An article from September 24, 1997, The world is filled with passionate on may 16, 1996, he said: ‘‘Our analysis shows idealists. Angie was of the rarer breed the Washington Post answers the ques- that the greatest benefit of antipersonnel tion and I ask that it be printed in the land mines is when they are used in conjunc- of people who also had the ability to RECORD. tion with antitank land mines. . . . If you inspire passion in others. Rarer still The article follows: don’t cover the antitank mine field with was her talent for turning those pas- CLINTON DIRECTIVE ON MINES: NEW FORM, antipersonnel mines, it’s very easy for the sionate ideas into action. Her efforts OLD FUNCTION enemy to go through the mine field.’’ were always aimed at improving the (By Dana Priest) A diplomatic dispute over the types of lives of others, the most rare gift of all. antipersonnel land mines Ralston was de- When is an antipersonnel land mine—a Angie Martin pioneered grassroots scribing then and arms control adviser Bell fist-sized object designed to blow up a human sought to redefine last week was one of the organizing techniques, establishing a being—no longer an antipersonnel land main reasons the United States decided last vital link between citizen action and mine? week not to sign the international treaty social change, and created a model for When the president of the United States grassroots and political campaigns na- says so. being crafted in Oslo, Norway. In announcing last week that the United U.S. negotiators argued that because these tionwide. Working with consumer ad- States would not sign an international trea- mines are programmed to eventually self-de- vocate Ralph Nader in Connecticut in ty to ban antipersonnel land mines, Presi- struct, they are not responsible for the hu- the early 1970’s, Angie helped to create dent Clinton also said he had ordered the manitarian crisis—long-forgotten mines in- the first ever citizens lobby devoted to Pentagon to find technological alternatives juring and killing civilians—that treaty sup- porters hoped to cure with a ban, and there- environmental and consumer issues. to these mines. ‘‘This program,’’ he said, She worked to improve conditions for ‘‘will eliminate all antipersonnel land mines fore should be exempt from the ban. Also, because other countries had gotten migrant workers in New York state, from America’s arsenal.’’ Technically speaking, the president’s an exemption for the type of antihandling and organized the highly acclaimed statement was not quite accurate. devices they use to prevent soldiers from 1986 Hands Across America event to His directive left untouched the millions of picking up antitank mines—which are actu- build awareness for the cause of hunger little devices the Army and Defense Depart- ally attached to the antitank mines—U.S. and homelessness in the United States. ment for years have been calling anti- negotiators contended that the United States should get an exemption for the small Together with her friend and partner, personnel land mines. These mines are used Gina Glantz, Angie took on some of our to protect antitank mines, which are much mines it uses for the same purpose. larger devices meant to disable enemy tanks Negotiators in Oslo did not accept Wash- Nation’s toughest issues: homelessness, and other heavy vehicles. ington’s stance. They worried that other hunger, migrant workers, gun violence, The smaller ‘‘protectors’’ are shot out of countries might seek to exempt the types of teen pregnancy. Her counsel was val- tanks or dropped from jets and helicopters. antipersonnel mines they wanted to use, too, ued by many of our Nation’s most When they land, they shoot out threads that and the whole treaty would soon become prominent leaders, including Senator attach themselves to the ground with tiny meaningless. The administration was not trying to de- TED KENNEDY and Vice President Wal- hooks, creating cobweb-like tripwires. ter Mondale. Should an enemy soldier try to get close to ceive the public, Bell said in an interview the antitank mine, chances are he would trip yesterday, bristling at the suggestion. Given Angie battled her disease with the a wire, and either fragments would explode the fact that the U.S. devices are used to same conviction and courage she at ground level or a handball-sized grenade protect antitank mines, ‘‘it seems entirely brought to fighting for causes she be- would pop up from the antipersonnel mine to common-sensical to us’’ to call them lieved in. Her legacy will live on in the about belly height. In less than a second, the antihandling devices. lives of those she worked with, and in Said Bell: ‘‘this was not a case of us trying grenade would explode, throwing its tiny to take mines and then define the problem the lives of those she helped through metal balls into the soldier’s flesh and bones. away.’’∑ her passionate efforts over the last In the trade, these ‘‘mixed’’ systems have three decades. names such as Gator, Volcano, MOPMS and HOW ONE ‘ANTIHANDLING DEVICE’ WORKS Area Denial Artillery Munition, or ADAM. When President Clinton spoke of eliminating My thoughts and prayers are with These mines, Clinton’s senior policy direc- antipersonnel land mines, he left out of his di- her husband, Gene Eidenberg, and tor for defense policy and arms control, Rob- rective devices such as the Gator antipersonnel daughters, Danielle and Elizabeth. I ert Bell, explained later, ‘‘are not being mine. The Gator mine prevents soldiers from dis- know many of my colleagues will join banned under the president’s directive be- arming antitank mines. It works like this: me in paying tribute to this remark- cause they are not antipersonnel land 1. Gator mines grouped in a cluster bomb able woman, by continuing the fight to are dumped from planes onto the ground sur- mines.’’ They are, he said, ‘‘antihandling de- find a cure for breast cancer and for all vices,’’ ‘‘little kinds of explosive deices’’ or, rounding antitank mines. simply, ‘‘munitions.’’ 2. When the mine lands, gas from a small cancers, and by continuing to address Not according to the Defense Department, squib forces spring-loaded tripwires to be re- the important issues for which she which has used them for years. leased. dedicated her life’s work.∑ September 25, 1997 CONGRESSIONAL RECORD — SENATE S9985 INTERMODAL TRANSPORTATION burden of responsibility for the true unjustifiably continue unnecessary fed- ACT OF 1997 size of the budget deficit. Years ago, eral spending. ∑ Mr. ABRAHAM. Mr. President, I rise American motorists were told that a Many of my colleagues are raising to comment on the Senate Environ- gas tax would be collected as a ‘‘user very similar concerns, Mr. President, ment and Public Works Committee’s fee’’ to provide a ‘‘pay-as-you-go’’ fund- and the next few weeks will likely see report on S. 1173, the Intermodal ing source for the Interstate Freeway an intense debate on this issue. For my Transportation Act of 1997. The spon- System. They should expect the taxes constituents in Michigan, no issue is sors of this legislation argue that it they pay at the pump to be necessary more important than the federal road will provide an adequate level of fed- to maintain the roads upon which they funding process, and I commit to them eral highway funds, distributed equi- drive, and to be spent on those roads. all my resources and efforts to rectify tably among the states, so as to meet In my opinion, when those taxes are this inequitable situation. I will be our surface transportation needs over not used for transportation purposes, joining many of my colleagues in pro- the next six years. I wish I could be as the American motorist can rightfully posing alternative methods of distrib- optimistic, but I have concerns that conclude either those taxes are not uting our federal road funds so as to this bill will simply perpetuate the in- necessary, or more likely, are being un- not only make it fairer for individual tolerable situation under which donor justly withheld from their proper use. states, but also to ensure that the en- states, like Michigan, have been forced The Taxpayer Relief Act of 1997 took tire National Highway System, and our to suffer. an important step towards correcting States’ road system, are adequately There are two basic fundamental this unjustified withholding by trans- maintained. And when Members of this flaws with our current surface trans- ferring gas tax revenues which pre- Senate are able to score quick in- portation funding process that must be viously were being directed to the gen- creases in their State’s share of the addressed in order to provide every eral revenue back to the Highway federal dollar by threatening a fili- state the ability to meet its highway Trust Fund. These 4.3 cents of gas tax buster, it makes the rest of us wonder needs. First, the vast disconnect be- represent almost $5 billion in addi- what might be the most effective way tween how much an individual state tional revenue for the Trust Fund, an for us to improve our States’ situation. contributes to the Highway Trust Fund account that will grow to over $30 bil- I plan to offer a series of amendments and how much it receives in Federal lion in annual revenue by 2003. Yet the to address the fundamental issues I highway aid must be bridged. Second, Intermodal Transportation Act only have discussed today, as well as propos- the vast disconnect between how much authorizes funding levels of approxi- als that will streamline. Only time will the Federal government takes into the mately $24 billion per year, continuing tell, Mr. President, but I trust we will Highway Trust Fund from gas taxes, to withhold nearly $6 billion per year be able to work together and derive an and the total amount it distributes to in highway gas taxes to mask the defi- equitable and mutually beneficial fund- the states in Federal highway aid must cit’s true size, while allowing the con- ing solution.∑ also be bridged. Until these two prob- tinuation of wasteful government pro- f lems are properly addressed, donor grams. Even under the unfair distribu- states such as Michigan shall be forced tion formulas found in ISTEA, these $6 THE NOMINATION OF PETER to suffer under a inequitable system billion additional dollars would rep- SCHER TO BE SPECIAL TRADE that is neither justified nor effective. resent over $150 million in extra federal AMBASSADOR FOR AGRI- The bill to be reported out of the En- aid per year for Michigan, an increase CULTURE vironment and Public Works Commit- of about 25 percent. ∑ Mr. FEINGOLD. Mr. President, I tee, S. 1173, the Intermodal Transpor- Mr. President, it is clear what we want to make a few brief comments re- tation Act attempts to rectify the must now do. Any successor legislation garding the nomination of Mr. Peter problem of this unequal distribution to ISTEA must guarantee each and Scher to be the Special Trade Ambas- among the states by allegedly guaran- every state at least 95 cents in federal sador for Agriculture which this Sen- teeing each state a 90-percent return highway aid for every dollar it sends to ate is considering today. I am pleased on the gas taxes it contributes to the Washington in gas taxes. The entire to report that the Senate Foreign Rela- Highway Trust Fund. Unfortunately, justification for this historically unfair tions Committee, on which I serve, this will not be the case. In FY 98, distribution, a distribution scheme considered the nomination of Mr. Scher Michigan is expected to contribute that forces states like Michigan to suf- and favorably reported his nomination over $795 million in gas taxes to the fer as donor states, is rendered moot yesterday. Highway Account of the Highway Trust with the completion of the Interstate I met with Mr. Scher following his Fund. Nonetheless, according to data System, a declaration made six years confirmation hearing before the Senate provided by the sponsors of S. 1173, this ago in the very opening paragraph of Foreign Relations Committee to dis- new distribution formula will provide ISTEA, to recognize America entering cuss with him the problems Wiscon- only $686 million in federal highway aid an era in which new construction sin’s agricultural sector has had with to Michigan, an 86-percent rate of re- transportation projects are started to our existing trade agreements such as turn. And it only gets worse, for by FY fulfill regional, not national, demands. the Uruguay Round of GATT and the 2003, when Michigan is projected to Furthermore, Mr. President, we must North American Free Trade Agree- contribute $1.07 billion in gas taxes, it stop withholding highway funds from ment. I urged Mr. Scher, in his new po- will receive only $726 million in federal the states. The successor legislation to sition, to work diligently to ensure highway aid, down to a 68-percent rate ISTEA must guarantee that all the that our trading partners are comply- of return. Even these funding levels are states are provided the opportunity to ing with their agricultural trade obli- just $5.7 billion per year more than the use all the revenues raised by gas gations established by these agree- average ISTEA levels for Michigan. taxes. Therefore, we must ensure that ments. This formula, Mr. President, is far legislation is in place that will force Specifically, I asked Mr. Scher and away from what I would call a fair the Federal government to spend on the USTR to accept a section 301 peti- means of distributing this country’s our highways an amount at least equal tion filed by the dairy industry asking limited highway dollars. I will stand to that amount raised in gas taxes. Ab- USTR to challenge the Canadian ex- firmly against any measure that per- sent that, we must provide an oppor- port pricing scheme before the World petuates this inequality. tunity for the States to raise their own Trade Organization. Canada’s dairy ex- As for the issue of overall funding gas tax revenues by repealing that por- port subsidies violate the export sub- levels, S. 1173 does not address the Fed- tion of the gas tax not needed to fund sidy reduction commitments under the eral government’s unfair practice of the federal aid highway program, Uruguay Round. These subsidies dis- collecting gas taxes from American thereby allowing the states to raise, advantage the United States dairy in- motorists, while refusing to expend and keep for their roads, the gas tax dustry in its efforts to compete in them. We know this process to be a revenues that would otherwise be si- world markets. I also pointed out that sleight of hand scheme by which the phoned off to unscrupulously mask the Canada also has effectively prohibited Federal government shirks the full true size of the federal deficit and our dairy industry from exporting S9986 CONGRESSIONAL RECORD — SENATE September 25, 1997 products to lucrative Canadian mar- MEASURE PLACED ON (1) the family members and loved ones of kets. Not only must USTR aggressively CALENDAR—S. 25 individuals with breast cancer can support each other in addition to the individual with pursue WTO dispute settlement pro- Mr. FAIRCLOTH. Mr. President, I ceedings against Canadian export sub- breast cancer; and ask unanimous consent that the Rules (2) everything possible should be done to sidies, but it must also seek greater ac- Committee be discharged from further support both the individuals with breast can- cess for United States dairy products consideration of S. 25, and the bill be cer as well as the family and loved ones of to Canadian markets, among others, in placed on the calendar. individuals with breast cancer through pub- any upcoming trade negotiations. The PRESIDING OFFICER. Without lic awareness and education. I also raised with Mr. Scher the prob- objection, it is so ordered. f lems the United States potato industry has had with respect to access to both f THE 25TH ANNIVERSARY OF THE Canadian and Mexican markets. I ESTABLISHMENT OF THE FIRST EXPRESSING THE SENSE OF THE NUTRITION PROGRAM FOR THE urged him to pursue negotiations with SENATE THAT INDIVIDUALS AF- the Canadians to allow greater access ELDERLY UNDER THE OLDER FECTED BY BREAST CANCER AMERICANS ACT OF 1965 of United States potatoes to their do- SHOULD NOT BE ALONE IN mestic markets and to aggressively THEIR FIGHT AGAINST THE DIS- Mr. FAIRCLOTH. Mr. President, I seek accelerated reduction in Mexican EASE ask unanimous consent that the Labor tariffs for United States potatoes, a Committee be discharged from further Mr. FAIRCLOTH. Mr. President, I commitment made to potato growers consideration of Senate Concurrent ask unanimous consent that the Labor when NAFTA was approved. Mr. Scher Resolution 11, and that the Senate pro- Committee be discharged from further assured me that potatoes would be ceed to its immediate consideration. consideration of Senate resolution 85 among the commodities to be consid- The PRESIDING OFFICER. Without and the Senate proceed to its consider- ered in upcoming negotiations with objection, it is so ordered. The clerk ation. Mexico. will report the resolution. I believe Mr. Scher has a fundamen- The PRESIDING OFFICER. Without The assistant legislative clerk read tal understanding of both the impor- objection, it is so ordered. The clerk as follows: tance of trade to agriculture generally will report the resolution. The assistant legislative clerk read A concurrent resolution (S. Con. Res. 11) and of the complex trade problems the recognizing the 25th anniversary of the es- U.S. dairy industry faces regarding as follows: tablishment of the first nutrition program compliance with existing trade agree- A resolution (S. Res. 85) expressing the for the elderly under the Older Americans ments. For that reason, I support the sense of the Senate that individuals affected Act of 1965. approval of his nomination. But I ex- by breast cancer should not be alone in their The Senate proceeded to consider the fight against the disease. pect USTR, with Mr. Scher acting as concurrent resolution. Ambassador, to aggressively pursue the The Senate proceeded to consider the Mr. FAIRCLOTH. Mr. President, I resolution of the critical issues facing resolution. ask unanimous consent that the reso- our domestic dairy and potato sectors. Mr. FAIRCLOTH. Mr. President, I lution be agreed to, the preamble be I will continue to work with USTR to ask unanimous consent that the reso- agreed to, and further ask unanimous resolve these issues and will hold Mr. lution be agreed to, the preamble be consent that the motion to reconsider Scher to his commitment that USTR agreed to, and the motion to reconsider be laid upon the table, and any state- will use all existing tools to ensure be laid upon the table, and that any ments relating to this resolution be compliance with existing trade agree- statements relating to the resolution printed at the appropriate place in the ments and to pursue greater access for be printed at the appropriate place in RECORD. agriculture to international markets. the RECORD. The PRESIDING OFFICER. Without I continue to have serious reserva- The PRESIDING OFFICER. Without objection, it is so ordered. tions about United States efforts to objection, it is so ordered. The concurrent resolution (S. Con. begin new trade negotiations until the The resolution (S. Res. 85) was agreed Res. 11) was agreed to. problems with our current bilateral to. The preamble was agreed to. and multilateral agreements are suc- The preamble was agreed to. The concurrent resolution, with its cessfully resolved. Wisconsin is home The resolution, with its preamble, is preamble, is as follows: to 24,000 dairy farmers, 140 cheese proc- as follows: S. CON. RES. 11 essing plants and many other busi- S. RES. 85 Whereas older individuals who receive nesses associated with milk production Whereas individuals with breast cancer proper nutrition tend to live longer, and processing. Dairy contributes some need a support system in their time of need; healthier lives; $4 billion in income to Wisconsin’s Whereas breast cancer is a disease of epi- Whereas older individuals who receive economy and provides 130,000 jobs. Wis- demic proportions, with 43,900 individuals in meals through the nutrition programs car- consin is also the fifth largest potato the United States expected to die from ried out under the Older Americans Act of producing State with a large chip and breast cancer in 1997, and 1 out of every 8 1965 (42 U.S.C. 3001 et seq.) have better nutri- women in the United States expected to de- tion than older individuals who do not par- french fry processing sector. Overall, velop breast cancer in her lifetime; ticipate in the programs; Wisconsin ranks 10th in the Nation in Whereas the millions of family members, Whereas through the programs 123,000,000 farm numbers and 9th nationally with including spouses, children, parents, siblings, meals were served to approximately 2,500,000 respect to market value of agricultural and other loved ones of persons with breast older individuals in congregate settings, and products sold. cancer can offer strong emotional support to 119,000,000 meals were served to approxi- Wisconsin’s farmers and food process- each other in addition to the support they mately 989,000 homebound older individuals, ing industry could greatly benefit by offer to patients and survivors dealing with in 1995; gaining a greater share of inter- their challenges; Whereas older individuals who participate national markets. However, for that to Whereas it is important that the United in congregate nutrition programs carried out States as a whole support the family mem- under the Act benefit not only from meals, happen, our trade agreements must not bers and other loved ones of individuals with but also from social interaction with their only be fair, they must be enforceable. breast cancer in addition to supporting the peers, which has a positive influence on their To date, our trade agreements have not individual with breast cancer; and mental health; only failed to provide significant bene- Whereas 1997 brings the 25th anniversary of Whereas every dollar provided for nutri- fits for many agricultural sectors, in- the National Cancer Program providing re- tion services under the Older Americans Act cluding dairy, they have placed some search, training, health information dissemi- of 1965 is supplemented by $1.70 from State, sectors at a distinct disadvantage. I nation, and other programs with respect to local, tribal, and other Federal funds; will look at all future trade agreement the cause, diagnosis, prevention and treat- Whereas home-delivered meals provided ment of cancer, rehabilitation from cancer, under the Act are an important part of every proposals with an eye to these issues and the continuing care of cancer patients community’s home and community based and make decisions on those proposals and their families: Now, therefore, be it long-term care program to assist older indi- based, in part, on how they treat Wis- Resolved, That it is the sense of the Senate viduals to remain independent in their consin farmers.∑ that an environment be encouraged where— homes; September 25, 1997 CONGRESSIONAL RECORD — SENATE S9987 Whereas the home-delivered meals rep- ber 23, 1995 (Public Law 104–72; 109 Stat. 776) sion of the Senate. Therefore, the next resent a lifeline to many vulnerable older in- is amended by striking ‘‘, through fiscal year rollcall vote will be the cloture vote on dividuals who are not able to shop and pre- 1997’’. the Coats amendment No. 1249 to the pare meals for themselves; f Whereas the nutrition programs carried District of Columbia appropriations out under the Act successfully target the ORDERS FOR FRIDAY, SEPTEMBER bill occurring Tuesday, September 30, older individuals who are in greatest need 26, 1997 at 11 a.m. and most vulnerable in the community; and Mr. FAIRCLOTH. Mr. President, I Whereas the nutrition programs have as- f sisted millions of older individuals beginning ask unanimous consent that when the with the enactment of Public Law 92–258, Senate completes its business today, it ADJOURNMENT UNTIL 9 A.M. which established the first Federal nutrition stand in adjournment until the hour of TOMORROW program for older individuals, and continu- 9 a.m., on Friday, September 26. I fur- Mr. FAIRCLOTH. Mr. President, I ing throughout the 25-year history of the ther ask unanimous consent that on now ask unanimous consent that the programs: Now, therefore, be it Friday, immediately following the Senate stand in adjournment under the Resolved by the Senate (the House of Rep- prayer, the routine requests through resentatives concurring), That the Senate— previous order. the morning hour be granted, and that (1) celebrates the 25th anniversary of the There being no objection, the Senate, the Senate immediately begin a period first amendment to the Older Americans Act at 7:24 p.m., adjourned until Friday, of morning business until 10 a.m., with of 1965 to establish a nutrition program for September 26, 1997, at 9 a.m. older individuals, and Senators permitted to speak for up to 5 (2) recognizes that nutrition programs car- minutes, with the following exceptions: f ried out under the Older Americans Act of Senator DASCHLE or his designee, 30 1965 continuously have made an invaluable minutes, from 9 until 9:30; Senator contribution to the well-being of older indi- NOMINATIONS viduals. COVERDELL or his designee, 30 minutes, from 9:30 until 10. I further ask unani- Executive nominations received by f mous consent that at the hour of 10 the Senate September 25, 1997: PROVIDING PERMANENT AUTHOR- o’clock the Senate proceed to the con- DEPARTMENT OF THE TREASURY ITY FOR THE ADMINISTRATION sideration of S. 25, the campaign fi- DAVID W. WILCOX, OF VIRGINIA, TO BE AN ASSISTANT OF AU PAIR PROGRAMS nance reform bill for debate only. SECRETARY OF THE TREASURY. THE JUDICIARY Mr. FAIRCLOTH. Mr. President, I Mr. FORD addressed the Chair. The PRESIDING OFFICER. The Sen- STANLEY MARCUS, OF FLORIDA, TO BE U.S. CIRCUIT ask unanimous consent that the Sen- JUDGE FOR THE ELEVENTH CIRCUIT, VICE PETER T. FAY, ate now proceed to the consideration of ator from Kentucky. RETIRED. calendar number 171, S. 1211. Mr. FORD. Mr. President, reserving DEPARTMENT OF STATE the right to object, and I will not ob- The PRESIDING OFFICER. The STANLEY TUEMLER ESCUDERO, OF FLORIDA, A CA- clerk will report. ject, I just inquire of the Chair if the REER MEMBER OF THE SENIOR FOREIGN SERVICE, previous agreement regarding the bill’s CLASS OF MINISTER-COUNSELOR, TO BE AMBASSADOR The assistant legislative clerk read EXTRAORDINARY AND PLENIPOTENTIARY OF THE UNIT- as follows: immediate modification and the major- ED STATES OF AMERICA TO THE REPUBLIC OF AZER- ity leader’s immediate offering of his BAIJAN. A bill (S. 1211) to provide permanent au- DANIEL FRIED, OF THE DISTRICT OF COLUMBIA, A CA- thority for the administration of au pair pro- amendment will be executed when the REER MEMBER OF THE SENIOR FOREIGN SERVICE, Senate resumes consideration of S. 25 CLASS OF COUNSELOR, TO BE AMBASSADOR EXTRAOR- grams. DINARY AND PLENIPOTENTIARY OF THE UNITED STATES Is there objection to the immediate on Monday. OF AMERICA TO THE REPUBLIC OF POLAND. The PRESIDING OFFICER. The Sen- JAMES CAREW ROSAPEPE, OF MARYLAND, TO BE AM- consideration of the bill? BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF There being no objection, the Senate ator is correct. THE UNITED STATES OF AMERICA TO ROMANIA. Mr. FORD. All right. I will accept PETER FRANCIS TUFO, OF NEW YORK, TO BE AMBAS- proceeded to consider the bill. SADOR EXTRAORDINARY AND PLENIPOTENTIARY OF Mr. FAIRCLOTH. Mr. President, I then the unanimous-consent agree- THE UNITED STATES OF AMERICA TO THE REPUBLIC OF ment. HUNGARY. ask unanimous consent that the bill be B. LYNN PASCOE, OF VIRGINIA, A CAREER MEMBER OF considered read a third time, and The PRESIDING OFFICER. Without THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER- objection, it is so ordered. The Senator COUNSELOR, FOR THE RANK OF AMBASSADOR DURING passed, the motion to reconsider be HIS TENURE OF SERVICE AS SPECIAL NEGOTIATOR FOR laid upon the table, and that any state- from North Carolina’s request is agreed NAGORNO-KARABAKH. to. DAVID TIMOTHY JOHNSON, OF GEORGIA, A CAREER ments relating to the bill be printed at MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF the appropriate place in the RECORD. f COUNSELOR, FOR THE RANK OF AMBASSADOR DURING HIS TENURE OF SERVICE AS HEAD OF THE UNITED The PRESIDING OFFICER. Without PROGRAM STATES DELEGATION TO THE ORGANIZATION FOR SECU- objection, it is so ordered. RITY AND COOPERATION IN EUROPE [OSCE]. Mr. FAIRCLOTH. Mr. President, to- The bill (S. 1211), was read the third morrow, the Senate will be in a period f time and passed, as follows: for morning business from 9 a.m. to 10 S. 1211 a.m., as earlier ordered. Following CONFIRMATION Be it enacted by the Senate and House of Rep- morning business, at 10 a.m. the Senate resentatives of the United States of America in Executive nomination confirmed by congress assembled, will begin consideration of S. 25 regard- the Senate September 25, 1997: ing campaign finance reform for debate SECTION 1. PERMANENT AUTHORITY FOR AU THE JUDICIARY PAIR PROGRAMS. only. Also, as announced, there will be no KATHARINE SWEENEY HAYDEN, OF NEW JERSEY, TO BE Section 1(b) of the Act entitled ‘‘An Act to U.S. DISTRICT JUDGE FOR THE DISTRICT OF NEW JER- extend au pair programs’’, approved Decem- votes during Friday’s or Monday’s ses- SEY.