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

Vol. 144 WASHINGTON, THURSDAY, JUNE 4, 1998 No. 71 Senate (Legislative day of Tuesday, June 2, 1998)

The Senate met at 9:30 a.m., on the Mr. HELMS addressed the Chair. Mr. President, I have selected several expiration of the recess, and was called f paragraphs from the Washington Post to order by the President pro tempore story of February 22, 1998, and shortly RECOGNITION OF THE ACTING [Mr. THURMOND]. ask unanimous consent that this infor- MAJORITY LEADER The PRESIDENT pro tempore. To- mation be published in the RECORD at day’s prayer will be offered by guest The PRESIDENT pro tempore. The the conclusion of my remarks. Chaplain, Reverend Shirley Caesar, able senior Senator from North Caro- Pastor of Mount Calvary Word of Faith lina is recognized. But before I make that formal re- Church, Raleigh, NC. Mr. HELMS. I thank the Chair. quest, let me extend my personal wel- We are pleased to have you with us. f come to the Senate’s remarkable guest chaplain for this day. I am proud of her PRAYER THE GUEST CHAPLAIN’S PRAYER and at the first opportunity, Dot Helms Let us pray: Mr. HELMS. Mr. President, it was and I intend to worship one Sunday Father, You have declared in Your about four months ago that I called the morning with Reverend Caesar. word that, ‘‘Blessed is the nation Senate’s distinguished chaplain and Now, Mr. President, I make the for- whose God is the Lord.’’—Psalms 33:12. suggested that he might consider invit- mal unanimous consent request that I So, Lord, we realize that You are the ing Rev. Shirley Caesar of Raleigh, mentioned a minute or so ago. only Supreme and Sovereign God, and North Carolina, to serve as the U.S. we thank You for the blessing of living Senate’s guest chaplain on some mutu- There being no objection, the mate- in a nation that is predicated upon a ally convenient occasion. rial was ordered to be printed in the strong, Godly heritage. May we ever be I recall Dr. Ogilvie’s response—a RECORD, as follows: cognizant of the fact that it is Your friendly suggestion that I tell him EXCERPTS OF WASHINGTON POST ARTICLE grace and Your mercy that have about Pastor Caesar. I replied that I ABOUT REV. CAESAR blessed our Nation to become a symbol would do better than that—and I did, of freedom, prosperity, and justice. by sending Dr. Ogilvie a copy of a Small in stature and verging on 60, she is We are admonished in the Book of lengthy article published by the Wash- almost dwarfed by the pulpit. So she moves Romans that, ‘‘the authorities that be ington Post on February 22. out, microphone in hand, her stylish pumps are ordained of God.’’—Romans 13:1. In a moment, Mr. President, I shall gleaming signals that the spirit is lifting this room of 400 people who pray, jump to Therefore, Lord, we thank You for this ask unanimous consent that portions their feet and sweat with their pastor. governing body of the United States of of that article be printed in the RECORD America, we thank You, Lord, the men at the conclusion of my remarks. She embraces a niece who has survived a and women You have chosen to help But before I do that, let me summa- bout with drugs. lead our Nation. Father, we pray and rize the fascinating Christian witness ‘‘The things she used to do, she don’t do no intercede for the Senators who have of Rev. Shirley Caesar, pastor of Mount more,’’ Caesar says. Sounds like the begin- convened here today, seeking Your Calvary Word of Faith Church in my nings of a song to lift up. A black hand- guidance and will for our country. We hometown of Raleigh, N.C. kerchief wipes her brow. pray in the name of the Lord that You The Washington Post described Pas- ‘‘I want to be ready,’’ she says. ‘‘I don’t will release a spirit of harmony tor Caesar this way: want Him to come here and find me getting throughout this session. Grant them On weekdays, (Pastor) Caesar, with a ready,’’ she says. She is ready to rise. Godly wisdom, knowledge, understand- record number of nine gospel Grammys—hits She says of her calling, ‘‘I don’t want it to ing, discretion, and courage. Cause the road to share her voice with those who be said, I wonder where Shirley Caesar is, I their wills to concede to Your will. Let come to hear her music and witness her pres- wonder if she is still singing. I am. I believe Your vision become their vision and ence as a legendary performer on stages that singing and preaching go together like Your desires their desires. By doing so, across America. But on Sundays she returns ham and eggs. So I just praise God that I am Lord, we are assured that our Nation to a plain maple pulpit in a simple white- still here.’’ washed church—comes home, not far from will continue to live out and fulfill the where she was born, to her husband of 15 Meanwhile, for 40 years, first with the fa- true meaning of its calling. years, Bishop Harold Ivory Williams, and mous Caravans, then as a solo performer, We ask these blessings in the Name preaches, ministers to everyday problems, Caesar has been one of the most energetic of our Lord. Amen, and Amen. and hears the refrains. and popular performers in the music

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

S5583 S5584 CONGRESSIONAL RECORD — SENATE June 4, 1998 business. In the gospel world, she is the The PRESIDING OFFICER (Mr. the Cure. Since 1996, Lilly and Capitol bridge between pioneers like Mahalia Jack- SANTORUM). Without objection, it is so Hill have raised $200,000 for breast can- son and Clara Ward; she rode the tidal wave ordered. cer prevention, research, and treat- of Edwin Hawkins and James Cleveland and ment—75% of which stays in the DC now shares a national spotlight with the f Young Turks of gospel, Vickie Winans and metropolitan area. RESERVATION OF LEADER TIME Kirk Franklin. Two weeks ago, all the women in the Like Ella Fitzgerald, she puts her stamp The PRESIDING OFFICER. Under Senate joined me in circulating a on songs, and they never sound the same the previous order, the leadership time ‘‘Dear Colleague’’ letter encouraging again—from works by such gospel masters as is reserved. Members of Congress and staff to take Thomas A. Dorsey to religious verses by Bob Ms. COLLINS. Mr. President, I ask advantage of Lilly’s generous offer and Dylan. She performs songs, many of which register for this year’s race. And I she writes, that are highly personal—they unanimous consent that I be permitted would like to let my colleagues know reveal complicated lives lived by people who to proceed as if in morning business for may not have money, love or opportunity approximately 5 minutes. that it is not too late to participate. but who do have faith. The PRESIDING OFFICER. Without Late registrations are being accepted In many of her songs, Caesar starts with a objection, it is so ordered. up until Friday evening at 6:30 in the vignette of crisis, sometimes with just the The Senator from Maine is recog- lobby of the Department of Commerce. piano or organ in back of her. nized. Today, I rise to the floor to once ‘‘Have you ever walked the floor/all night Ms. COLLINS. I thank the Chair. again encourage my colleagues to alert long/wondering how you were going to pay members of their staff, their families your bills?’’ she sings at the beginning of the f wonderful ‘‘You’re Next in Line for a Mir- and friends to this valuable oppor- acle.’’ RACE FOR THE CURE tunity to support the Komen Founda- She repeats the lyrics, her raw voice de- Ms. COLLINS. Mr. President, in the tion and Race for the Cure on June 6th. manding emotional response. short time that I will take to deliver Thank you, Mr. President. I yield the ‘‘Get ready for your miracle/Move to the these remarks, a woman will be diag- floor. front of the line/Today is your day . . . get nosed with breast cancer. And every 12 ready, get ready, you are next in line for a f miracle—a miracle!’’ minutes, a woman will die from it. The orchestration expands and the choir Just this past year, breast cancer has sings the refrain above Caesar’s ‘‘Halle- touched my life twice: one member of NATIONAL TOBACCO POLICY AND lujahs.’’ On Wednesday, ‘‘A Miracle in Har- staff, aged 37, and the spouse of an- YOUTH SMOKING REDUCTION ACT lem,’’ nominated for best traditional soul other member of my staff both devel- gospel album, might win her a 10th Grammy. oped breast cancer. Watching these The PRESIDING OFFICER. Under (She has also been nominated more times women in their daily struggles has the previous order, the Senate will re- than any other gospel artist.) From the reli- sume consideration of S. 1415, which gious music community, she has won 15 Dove been a heart-wrenching experience as well as a call to action. the clerk will report. Awards and 10 Stellar Awards. The assistant legislative clerk read Not confined to music arenas and church- I know that several of my colleagues’ es, Caesar has done four Broadway shows and lives have also been personally touched as follows: contributed to the movie soundtracks of by breast cancer. The senior Senator A bill (S. 1415) to reform and restructure ‘‘The Preacher’s Wife’’ and ‘‘Rosewood.’’ In from Maine, OLYMPIA SNOWE, lost her the processes by which tobacco products are the spring, she’s scheduled to make a guest mother to breast cancer at a tragically manufactured, marketed, and distributed, to prevent the use of tobacco products by mi- appearance on UPN’s ‘‘Good News,’’ and her young age. Throughout her career in autobiography is scheduled for publication in nors, to redress the adverse health effects of May. When Dylan was chosen as a Kennedy Congress, Senator SNOWE has been a tobacco use, and for other purposes. Center honoree last year, he asked that Cae- tireless advocate for breast cancer awareness and increased funding for re- The Senate resumed consideration of sar sing his ‘‘Gotta Serve Somebody.’’ Caesar the bill. likes the fact that the salute portion of the search. Her leadership on this issue has night ended as she shouted ‘‘Jesus!’’ been invaluable—even lifesaving—for Pending: f countless women across the country. Gregg/Leahy amendment No. 2433 (to Breast cancer is the most frequently amendment No. 2420), to modify the provi- SCHEDULE diagnosed cancer in women in the sions relating to civil liability for tobacco manufacturers. Mr. HELMS. Mr. President, today the United States. However, when breast Gregg/Leahy amendment No. 2434 (to Senate will resume consideration of S. cancer is detected early and treated amendment No. 2433), in the nature of a sub- 1415, the tobacco legislation. There are promptly, suffering and the loss of life stitute. several amendments still pending to can be significantly reduced. Gramm motion to recommit the bill to the the bill, and it is hoped those issues Approximately one out of every eight Committee on Finance and with instructions can be disposed of at an early hour so women will develop breast cancer dur- to report back forthwith, with amendment that the Senate can consider additional ing her lifetime. In 1998 alone, an esti- No. 2436, to modify the provisions relating to amendments to the tobacco bill. mated 180,200 women will be diagnosed civil liability for tobacco manufacturers, and Rollcall votes, therefore, are ex- with breast cancer. Even more disturb- to eliminate the marriage penalty reflected ing, breast cancer is the leading cause in the standard deduction and to ensure the pected throughout today’s session of earned income credit takes into account the the Senate. As a reminder to all Mem- of death among women aged 35 to 54. elimination of such penalty. bers, there are a number of items that Washingtonians will have the oppor- Daschle (for Durbin) amendment No. 2437 the Senate may also resume, or begin, tunity to call attention to breast can- (to amendment No. 2436), relating to reduc- or both, including the Department of cer and raise much-needed research tions in underaged tobacco usage. Defense authorization bill, the con- dollars when the Susan G. Komen Daschle (for Durbin) amendment No. 2438 ference reports as they may become Breast Cancer Foundation hosts its 9th (to amendment No. 2437), of a perfecting na- available, and any appropriations bills annual National Race for the Cure on ture. that are ready for action. As always, Saturday, June 6. Mr. FRIST. Mr. President, over the other executive or legislative matters Those of us who work on Capitol Hill course of today we will continue our may be considered as they are cleared. have an added opportunity to contrib- discussions and debate on the pending On behalf of the majority leader, I ute to the cure for breast cancer tobacco legislation, a topic that has thank my colleagues for their atten- thanks to a challenge grant from Eli been the focus of much of our activity tion. Lilly and Company. The third annual over the past several weeks, a focus Mr. President, I ask unanimous con- Lilly Capitol Hill Challenge will match which I hope will become increasingly sent that with respect to the tobacco the registration fees for all members of addressed over this week. I ask that legislation the debate be in order only Congress, their spouses, and staff who amendments that are talked about until 10:30 this morning. participate in the National Race for being introduced are actually brought June 4, 1998 CONGRESSIONAL RECORD — SENATE S5585 to the floor so that they can be de- The other two out of three children eral partnership program that is di- bated. We have legislation in the may or may not continue smoking. rected at health care for our indigent Chamber that has a fascinating his- They may not be affected, because it is population, a population that falls tory, legislation that continues to not crystal clear that smoking 100 per- below the poverty level. That is why evolve, legislation that I believe is cent of the time causes cancer. But we this grassroots effort, now elevated to very important as we stay focused on know that it has a very, very strong in- this body, started at the State level. that goal of decreasing, and maybe fluence on whatever our genetic pre- The State attorneys general got to- even someday eliminating, youth disposition is to cancer, all sorts of gether to recover the Medicaid—pre- smoking. cancer, and to heart disease which—as dominantly State—costs for smoking- I am concerned that we have gotten a heart surgeon and heart specialist, I related illnesses, thus avoiding this off track in our consideration of what I have operated on thousands and thou- whole doctrine called the assumption believe has to be comprehensive to- sands and thousands of people whose of risk doctrine. bacco legislation. There are some peo- heart disease I would attribute—to ge- It has been fascinating, because in ple who would just like to establish a netics? yes, but also in large part to the course of these lawsuits, and in tax and have funds to go possibly to smoking. large part because of the lawsuits—and public health, but also to many other Focus on the health of our children we have seen it unfold before commit- issues totally unrelated to what our and their children. Many of us in this tees here in the U.S. Congress as well— focus should be, and that is youth Chamber do have children who are in internal industry documents have been smoking. There are others who say we those teenage years. A fascinating sta- made public. They have been made need to address just the advertising as- tistic is that about half of the people public for the first time and are now on pects of this particular bill. There are who start smoking, half of all people the Internet, accessible to the media, others who say that we look at just who start smoking today, are 8 years to committees here in the U.S. Senate, vending machines; and there are others old, 9, 10, 11, 12, 13, and 14 years of age. as well as to people who are, on their who say we can solve this whole prob- Half of all people who start smoking own, on the Internet; they have access lem by looking at just the public today in this country are 14 years of to these documents today. health initiatives of behavioral change, age and younger. That is very different It is very clear the industry knew a of figuring out what causes addiction. from in the past. I think in large part lot more about the science—that is, the I for one believe we need to address that does come from the fact that that addictive nature of nicotine—than they all of these issues, and we run the dan- group of people have been targeted in had let on, that they knew a lot more ger, maybe for political reasons, maybe recent years, over the last 5 or 10 about the destructive effects of smok- for selfish reasons, of taking a bill that years—unlike 20 years ago—because if ing tobacco than was ever previously did start as a comprehensive bill and you can addict people at that age, they thought. stripping away certain things so that will not only purchase more cigarettes The focus of the discussion today, we will end up with just a tax or just a as youths but, because of their addic- which really demands that we address public health initiative or just an issue tion, over their entire lifetimes. the issue, is that the debate no longer of access itself, and I think we need to This whole passage through adoles- is that smoking may be harmful to do all of that. cence is something which really con- your health, as it was 20 years ago—we As to youth smoking, we have talked fuses the issue. It would be much easier know that it is harmful to your again and again over the last 2 weeks if we said let’s stop everybody from health—the debate that we need to ad- about the alarming statistics of youth smoking, because then you could really dress in the U.S. Senate, however, is smoking. The one statistic that seems engage in huge, huge policy. But if you the youth smoking, where one really to stick with people is one that is real, really stay focused on the youth, it in- doesn’t engage in free choice to start and that is that over the course of today, between now and tomorrow troduces all sorts of factors that may smoking at 10 or 11 or 12 years of age. morning, 3,000 kids, underaged chil- not apply later: Advertising, how we That free choice can be targeted, can dren, will start smoking for all sorts of advertise to youth—is it just Joe be shifted by very aggressive market- reasons. Camel, or is it other seductive types of ing. And that is what has been done We know it is peer pressure, we know advertising? And then, how you sepa- today. it is advertising, we know it is access, rate that advertising from broader- If we look back again a few months, we know that it is looking cool; but re- scale advertising, something that we some of these States began to settle for gardless, the bottom line is that 3,000 cannot do in the U.S. Senate or the huge sums from the tobacco industry. kids who were not smoking yesterday U.S. Congress. I believe it does almost Mississippi, as we know, just 2 years by the end of today will be smoking. demand participation by the industry, ago settled for $3 billion; Florida and What has become increasingly clear to agree that somebody 8 years of age Texas were the next to settle, for $11.5 and possibly covered up by the indus- or 10 years of age or 12 years of age billion and $15.3 billion, respectively. try, in part—confused by politics—is should not be targeted by such adver- And then just last month, Minnesota, that 1,000 of those 3,000 will become ad- tising, which clearly results in a crip- the most recent to settle, settled for dicted to smoking, and by being ad- pling addiction which will ultimately about $6.6 billion. Look a few months dicted, it means your body becomes de- kill that child later in life. later and how all of this evolved. In the pendent on that, it is out of your con- For many years, individuals, if we Spring of 1997, interested parties came trol, to a large extent because of phys- look at the history, have not been suc- to the bargaining table. I say ‘‘inter- iological responses. But, regardless, the cessful in suing the tobacco industry ested parties,’’ because you really did bottom line is that one out of every because of a doctrine called assump- have the public health advocates at the three of those children, the age of my tion of risk doctrine. No jury would table: You had the State attorneys children, 15, 12, 11, 10 years of age, who side with a plaintiff, because the smok- general representing the Medicaid pop- start smoking today, one out of three er had assumed the risk associated ulation, representing the expense of will die prematurely; that is, die ear- with smoking. the States at the table; you had the in- lier than they would—of lung disease, However, if we review very briefly dustry—something which we don’t of cancer, of emphysema—earlier than this recent history, over the last sev- have today in the U.S. Congress and they would have if they hadn’t started eral months a group of State attorneys the U.S. Senate—we had the industry smoking. general got together and starting suing actually at the table, coming to cer- So, the problem is very, very clear the industry to recover Medicaid costs, tain agreements. today, much clearer than it was even 5 Medicaid costs being principally in- Let me add very quickly, it was fas- years ago or 10 years ago. Therefore, I curred by a State, because two-thirds cinating, because I am from a tobacco think it is useful to stick with that of Medicaid funds are paid for by the State; we have 23,000 hard-working statistic. You can argue the statistic, State and about a third from the Fed- women and men and farming families but the bottom line is that 1,000 chil- eral Government. And therefore it was who work very hard, get up every dren who start smoking today will die the State attorneys general. The Med- morning to produce a legal product in prematurely. icaid Program is our joint State-Fed- this country. It is interesting, in this S5586 CONGRESSIONAL RECORD — SENATE June 4, 1998 great agreement—I guess I should qual- people are talking about amendments years, in 10 years, maybe 3 years, ify ‘‘great’’—in this historic agree- to make the bill better, and the bill eliminate the problem. For example, if ment, the tobacco farmers and the ag- was brought to the floor recognizing it we knew where in the brain addiction ricultural community were not rep- was not a perfect bill, that it was im- to nicotine actually occurs—and let me resented at that table. portant for that amendment process to say that there are ways to detect that Regardless, the other three groups— take place to modify it, to improve it, through PET scanning, positron-emis- the public health group, the industry to make sure that it does achieve the sion tomography, today—we know itself, the attorneys general—sat down, objectives of decreasing youth smoking roughly in the brain where the addict- and the basic elements of that, and I over time. I encourage my colleagues ive center to nicotine actually occurs. would say historic, June 20 settlement to come forward to participate with With the rapid advances made in included a number of things: No. 1, in- their amendments so we can achieve science, with the appropriate focus and dustry payments of $368.5 billion, that objective and, sometime within the appropriate resources, it is not far- agreed to by industry, members of the the next several days or next several fetched that we will identify not only plaintiffs’ bar, the attorneys general, weeks, bring this to some resolution. the location, where we have taken the and the public health groups. That I do believe, as I said, it takes a com- first steps, but the actual receptors, $368.5 billion was to be paid over about prehensive approach. I think we do and design a drug, a chemical, a hor- 25 years. It would be funded by what have to address, first, the advertising mone to go to that particular site and calculated out to be raising the price of targeted at children. An article in the turn off the addictive potential, the ad- cigarettes by 70 cents per pack over a Journal of the American Medical Asso- dictive connections that cause that 8- 10-year period. ciation of February 17 stated very year-old or that 10-year-old who starts Second, an important component, I clearly that advertising is more influ- to smoke to smoke forever out of their believe, is the advertising restrictions. ential than peer pressure in enticing control. The industry came forward and said our children to try smoking, and it es- That one little bit of research could that, we will voluntarily limit our first timated—and I recognize these esti- solve this whole problem. We can’t give amendment rights by refocusing adver- mates are really all over the board— any statistic probability that that re- tising, if the remaining aspects of that but it estimated that about 700,000 kids search will result in that sort of effect, agreement would go into effect. a year are affected by advertising. Big but the potential is there. It takes that Third, there were youth access provi- debate. We have talked about it a lot emphasis on that particular dimension, sions and really some pretty tough li- over the last several weeks. Is it adver- moving there and saying we do need to censing requirements for retailers who tising? Is it peer pressure? How do you put the appropriate funds there, that sell tobacco. All of us know the prob- control peer pressure at that very some effort in this comprehensive ap- lem we have with access today. If you tricky age of walking through adoles- go into any community and ask a proach must be directed to research. A cence? They are inextricably tied to- young 16-year-old or 15-year-old, strong commitment to basic science gether. If you have very effective ad- ‘‘Could you get a pack of cigarettes?’’ and behavioral research is critical. vertising that makes smoking look Such focused research made possible they would say, ‘‘Yes, without a prob- by this bill might even uncover a pill. lem.’’ cool and makes you part of a group and Fourth, that June 20, 1997, settlement makes you feel good at 12 years of age, I can almost see a day where people had $2.5 billion per year for smoking then peer pressure builds. If somebody will smoke for 6 months or smoke for a cessation programs, public education asks is it peer pressure or advertising, year. If we can kill that addictive po- campaigns, and State enforcement. It it is very confusing. tential, that 6 months to a year might gave FDA authority to regulate to- In our business, in the political busi- not have the same impact on one’s cor- bacco and smoking. It had no class ac- ness, in public service, we know the ef- onary arteries in the development of tion suits or suits by any government fects of marketing. We know that kids atherosclerotic plaques—hardening of entity. It had immunity for the indus- are targeted, and we know that builds the arteries—which cause heart at- try from all punitive damages for past and establishes peer pressure which tacks and ultimately death. actions. Individuals were allowed to does affect somebody at that age, in Will we get there? We don’t know un- bring suits to cover compensatory adolescence, when they are reaching less we focus research in that area, and damages for past conduct and compen- out for identity and for security and right now we do not have sufficient re- satory and punitive damages for future for acceptance. Therefore, either deal- search there. We do need to look at cer- conduct. ing directly with the industry or indi- tain behavioral research: How can we Because that settlement required the rectly, we have to have the industry stop people from smoking who are ad- enactment of Federal law, it came be- agree not to target kids. Our society dicted to smoking? We just don’t know fore the U.S. Congress. We are here simply must stop glamorizing smoking very much about that. today in large part because that June in the way that it does today, which in- Later today, I think we will be talk- 20 settlement requires us to be here or creases the peer pressure. This applies ing a lot about drugs, other drugs—not it just doesn’t occur. Implementing the to television; it applies to movies; it just nicotine, not just cigarettes—and provisions of that settlement or imple- applies to 30-second spots; it applies to the importance of developing a more menting provisions similar to it does billboards. We have to stop that mar- comprehensive policy. I welcome that require Federal legislation. keting directly to children, and I be- opportunity, again, because I have We had committees that had jurisdic- lieve the industry has to take the lead youngsters. I have three boys, who are tion over several provisions in this in that regard. going through this period of adoles- June 20 agreement. Judiciary had a Secondly, to have a truly comprehen- cence, who are going to be tempted and role, the Labor Committee had its ex- sive program, we do have to have a exposed to all of the seductive adver- pertise in the FDA, the Finance Com- strong public health initiative, includ- tising, peer pressure, wanting to be ac- mittee had jurisdiction over inter- ing tobacco-related research, including cepted, that we have all gone through national trade aspects, the Commerce tobacco-related treatment, and includ- and most of our children go through. Committee had jurisdiction over the li- ing tobacco-related surveillance. It is A comprehensive approach: The re- ability and interstate commerce exper- fascinating in terms of how we would search, the scientific research, smok- tise, the Agriculture Committee had a use certain moneys, because a number ing cessation programs, behavioral re- keen interest in the effect of this type of people want to use certain moneys search, the addictive potential, the ad- of really unprecedented legislation on for programs totally unrelated to pub- vertising that I spoke to. farmers, all of which ultimately were lic health initiatives, totally unrelated The third component is that of ac- pulled together—at least that expertise to research. cess. It is too easy today. We held hear- was pulled together—through the Com- If we just step back and imagine ings in our Subcommittee on Public merce Committee and bringing it to what could be done if moneys were Health and Safety, which I chair, in the floor to be amended accordingly. spent effectively and if there were ap- the Labor Committee and had some We are right now in the middle of propriate moneys available for re- really powerful, powerful testimony that amendment process. A number of search, we might—we just might—in 5 come forward by the users, by those June 4, 1998 CONGRESSIONAL RECORD — SENATE S5587 young adolescents who have started to We have two competing amendments effective and responsible we can be if smoke. We heard chilling testimony or proposals right now that are being we have a comprehensive settlement. about how easy it was to purchase to- considered. I am very hopeful that an And that is what it is going to take bacco products. agreement can be reached between —public health initiatives, appropriate We can do a great job in a small com- those two. They have very different research, addressing the issue of ac- munity. If there are 12 places where concepts. On the other hand, both have cess, and addressing the issue of adver- one can buy tobacco, we can have 5 of as their goal to do what is in the best tising. We must have an industry that those really enforce the access laws. interest of those hard-working men and does not market to kids. We have to Just imagine 12 convenient stores in a women who are in the farming commu- have the cooperation of the industry. community. You can have five that nity, who, through no fault of their Mr. President, let me just make one really stick to the law. You can have own, we have this targeting of the final comment that is on the Food and another five that do pretty well. But if youth by the industry, who, through no Drug Administration. I have been very there is just one in that community fault of their own, affect this idea of active in working to see that the Food that continues to sell cigarettes, for easy access. They are literally getting and Drug Administration is the agency whatever reason, the access programs up every morning, going out, working that would oversee whatever regula- don’t work at all. We need to have hard in the fields to produce a legal tion we pass on the floor of the U.S. more effective access. product. I am very pleased that this Senate and through the U.S. Congress. Nickita from Baltimore, who is now group is being addressed. I look for- The approach was to set up a separate 18 years old, started smoking when she ward to having some resolution of the chapter within the Food and Drug Ad- was 14 years of age. She testified that two competing groups. ministration rather than try to regu- she would normally get her cigarettes Mr. President, I will wrap up my late tobacco or cigarettes through a from the store. She testified that she comments shortly because other people three or four sentence clause that is never had a problem buying cigarettes are on the floor. I think this bill is not existing in the device aspects of the in the store. In fact, ‘‘People in my perfect yet. I think we need to look Food and Drug Administration legisla- community, as young as 9 years old, go very closely at how we have designated tion today. to the store and get cigarettes. They whatever funds are generated by this We did this for a number of reasons. simply do not ask for IDs,’’ she said. particular bill and to look at what pro- I have outlined those reasons on the The lesson I learned from this testi- grams they create. floor today. I am very pleased where we mony is that we must enforce youth The version of the bill on the floor stand with that today, in terms of set- access laws. We must make it impos- now, unlike the original Commerce ting up a new chapter that recognizes sible for children to buy cigarettes in version of the bill, is much, much bet- that tobacco really is a unique product. any neighborhood in this country. It is ter in that most of the huge bureauc- It is not a device to be regulated like a really shameful that in America in 1998 racies that came out of the Commerce pacemaker or like an artificial heart a teenager can purchase tobacco in any Committee bill have been eliminated, device or like a laser. And that is neighborhood in the United States of have been reduced. I think there are where an attempt was made by the ad- America. still a number of those programs that ministration to regulate tobacco. There are three elements—access, ad- we need to go back and address. Are there parts of that that might be vertising, public health and basic Some people have come to the floor improved? I think we can consider that science initiatives. In this whole arena and have basically said that the bill on as we go through the amendment proc- of access, price is an issue. I voted the floor is merely an attempt to de- ess. I still have some concerns with against the tax of $1.50 that was pro- stroy an industry that is producing a some parts of the Commerce bill. I look posed on this floor 2 weeks ago very legal product by raising the price too forward to seeing them modified. simply because price addresses one as- much. I think this is a legitimate con- I think as a heart surgeon, as a lung pect of the three aspects that I think cern. We have had a countless number surgeon, I have a real obligation to are important to decrease youth smok- of financial experts present data; some point out that smoking does kill peo- ing. Price does affect purchasing. While have had a vested interest, some have ple— there is no question—No. 2, that it is one of the levels, one of the fac- not. A number of them have come be- tobacco is a legal product in this coun- tors, it is not the only factor. fore the several committees who have try—and I think it should stay a legal Consumption, though, had been de- held hearings on this jurisdiction, and product in this country where adults creasing in the 1970s. However, between it really seems nobody can answer the who have the maturity, have the edu- 1980 and 1993, the downward trend real- question of the appropriate price and cation to make choices for themselves ly accelerated, with consumption fall- what a price increase of 50 cents or 70 should have that opportunity—but, ing by 3 percent a year at the same cents or $1 or $1.50 will do on the indus- thirdly, I feel very strongly that we time that the inflation-adjusted price try itself. need to address youth smoking and do of cigarettes increased by 80 percent. We do know one thing; and that is our very best as a nation for our chil- In addition, in the early 1990s, we saw that the industry at one time agreed, dren and for that next generation price cuts, and consumption leveled off back in June, to a $368.5 billion ex- through a comprehensive strategy to with only modest decreases in the price change for some assurances that they work to reduce youth smoking. until 1996. Then in 1997, prices rose by would have some predictability in fu- Mr. President, we have two col- 2.3 percent, and consumption fell again ture lawsuits. Now that has been radi- leagues on the floor, and I would sim- by 3 percent. cally changed at the end of 2 weeks ply ask unanimous consent if they Expert testimony provided in hear- ago. We need to all get together to see could limit their comments or let me ings before us, based on data from both what that next step should be, what inquire in terms of, from each of them, this country and others, clearly dem- further amendments need to be applied. how long they would require? I would onstrates that the price of cigarettes Again, personally, I believe that the in- like to have some limitation because does affect consumption. But price dustry has to be at the table, has to we want to get to other amendments alone simply will not solve the prob- agree not to target the youth today. early this morning. lem; that a comprehensive approach is Black market—something that is Mr. DURBIN. I thank the Senator. I necessary. very, very real. If the price is raised would be happy to limit my remarks to Mr. President, I think the bill on the too high, at least based on the testi- no more than 30 minutes. floor is a good start in addressing, in a mony that has come before our com- Mr. ASHCROFT. The same. comprehensive way, this issue of de- mittees, a black market would most Mr. FRIST. I will yield 30 minutes to creasing youth smoking. It also ad- certainly occur, and then we would ul- both of my colleagues on the floor. At dresses an issue that was ignored by timately end up destroying exactly that time, I reserve coming back and the June 20 settlement, an issue that I what we are trying to achieve—that is regaining the floor at that time. mentioned—that of the agricultural a reduction in youth smoking. The PRESIDING OFFICER. Is there community and that of tobacco farm- Mr. President, I guess in closing my objection? Without objection, it is so ers. remarks I just want to emphasize how ordered. S5588 CONGRESSIONAL RECORD — SENATE June 4, 1998 Several Senators addressed the responsible for the transaction. There keep the car repaired, occasionally Chair. is no disincentive for teenagers to try scraping together enough for a modest The PRESIDING OFFICER. The Sen- and purchase cigarettes in this bill. day off or a vacation, would suddenly ator from Missouri. Two percent of retail cigarette sales be subject to a massive new tax, 60 per- Mr. ASHCROFT. Mr. President, I rise are made to minors. Adults purchase 98 cent of which would fall on them. Some today to discuss the tobacco bill. And I percent of all cigarettes sold in retail households would see their taxes in- wish to address the massive tax in- stores. Under this bill, we are creating crease by more than $1,000. Moreover, crease that is in this bill—tax increases a massive tax increase on 98 percent of this new tax would be levied on money that are targeted against the lowest in- smokers in order to try and discourage that has already been subject to the in- come individuals in America: hard- 2 percent of all the retail sales. There come tax. If you are buying cigarettes working citizens who earn primarily is sound evidence that the 2 percent and you have an additional $1.10 to pay, less than $30,000 a year. It is a massive will not be discouraged. In Washington, it is a tax on money you have already tax increase that is going to be used to taxes and spending are the only things paid tax on. Households earning less expand the Federal Government, just more addictive than nicotine. than $50,000 would pay seven times as when the American people continue to Preliminary reports estimated this much in new tobacco taxes than house- make it clear that they are tired of legislation would increase taxes $868 holds earning $75,000 or more. Government imposing its decisions on billion. We now know that this legisla- According to the Congressional Re- our daily lives. tion would raise taxes $885 billion and search Service, tobacco taxes are per- Just last week there was an an- create new government programs with haps the most regressive taxes cur- nouncement of a $39 billion surplus in funding locked in for 25 years. It cre- rently levied. In the United States of 1998 and a $54 billion surplus in 1999. ates a huge government regulatory America where, we already have the Congress should be debating how to re- scheme the likes of which we have not highest taxes in history, we are now turn this money to the taxpayers. We seen since the Clinton proposal to per- projecting a massive tax increase on should not be debating how to siphon petrate a national health care system individuals least capable of paying. more out of the pockets of working from the Federal Government. While those earning less than $10,000 Americans. This bill is a tax bill, pure and sim- make up only 10 percent of the popu- It is also possible to discuss the inev- ple. It is a tax bill on Americans who lation, 32 percent of those people itable black market that would result are already overburdened with taxes. smoke. The current tobacco tax rep- from the policies in this bill, even Americans today are working longer resents 5 percent of the smokers’ in- come in this category. Those making though my colleagues and the adminis- and harder than ever before to pay between $10,000 and $20,000 a year make tration continue to ignore this threat their taxes. Tax Freedom Day this year up 18 percent of the population. How- to American neighborhoods of creating was less than a month ago, on May the ever, 30 percent smoke. The current to- a black market with the high taxes in 10th. It was a record year. Americans bacco tax makes up 2 percent of a this bill. I will also discuss the effect of worked longer into the year this year smokers income in this category. a price increase on teenage smoking to pay their taxes than ever before. Therefore, this bill amounts to a tax rates. The hard work of the American people, increase on 31 percent of Americans Mr. President, along with my col- let me say again, the hard work of the who earn under $20,000 a year. House- leagues, I am truly concerned about American people allowed the President holds earning less than $10,000 a year teen smoking. However, I do not be- just last week to announce a $39 billion would feel the bite of this tax increase lieve that teen smoking is the focus of projected surplus in 1998 and a $54 bil- most of all. These households, it is es- this legislation. Under the guise of re- lion surplus projected for 1999. Yet here timated, would see their Federal taxes ducing teen smoking, proponents of we are a week later continuing to talk rise 35.1 percent. this bill are willing to increase taxes not about how to return the surplus to In most areas of the country, some- on hard-working Americans by well the people, but how to siphon more out one earning $10,000 a year is well below over $800 billion. That is well over of their pockets. As currently drafted, the poverty line. We spend much of our three-quarters of a trillion dollars. the proposed tobacco bill is nothing time in this body trying to find solu- Under the guise of reducing teen more than an excuse for Washington to tions for those in this income brack- smoking, proponents of this bill sup- raise taxes and spend more money. et—we have tax credits, welfare pro- port a massive increase in the size of In the 15 years prior to 1995, Congress grams, educational grants, job-training the Federal Government—17 new passed 13 major tax increases. In fact, programs. They cost billions of dollars boards and commissions, which is a last year’s Taxpayer Relief Act was the a year. We try to lift people out of modest estimate. And then in response first meaningful tax cut since 1981. As their poverty, out of that income to the identification of those boards currently drafted, the tobacco bill bracket. However, today, Members of and commissions, some in support of erases that relief. We must stop that this body are enthusiastically saddling this bill have decided to say they would from happening. We must not undo the them with a huge tax burden of over take out those boards and commissions modest gains we gave to the American $800 billion focused on those least capa- and just leave authority for agencies to people just last year. We certainly can- ble of paying. Washington politicians create within themselves the capacity not relieve them by imposing another and bureaucrats are saying they know to do what the boards and commissions $885 billion in taxes on them. To para- better how to spend the resources of were designed to do. Instead of having phrase President Reagan, the whole the American people. boards and commissions that are ac- controversy comes down to this: Are Let me share the impact this tax in- countable and identifiable, you have you entitled to the fruits of your own crease will have on the constituents of stealth boards and commissions that labor or does government have some the people in Missouri. Using data pro- are hidden in the agencies. I don’t presumptive right to tax and tax and vided by the Centers for Disease Con- think making them indistinguishable tax? Who will pay the $800-plus billion trol, it is clear the tobacco legislation is a way to say that government isn’t in taxes contained in this proposed leg- would be an annual $382 million tax on growing. islation? people in Missouri. Of that amount, Proponents of this bill claim it is The tobacco legislation is a massive $227 million would be paid by house- necessary to curb teen smoking. What tax increase that would be levied holds earning $30,000 or less. This is a this bill is necessary for is to feed the against those least capable of paying. conservative estimate. This assumes tax-and-spend habit of individuals in About 60 percent of the tax increase that each smoker in Missouri smokes Washington. would fall on families earning $30,000 a only one pack a day. For someone who Although Congress has the authority, year or less. That is a shocking figure. smokes two packs daily, the $1.10 per we do not even make it illegal for mi- What it basically says is these families pack tax increase contained in the to- nors to possess or use tobacco in the with less than $30,000, struggling to put bacco legislation would amount to a District of Columbia in this bill. We clothing on the backs of their children, tax increase of $803 annually. only have rules regarding the point of food on the table, to pay the rent, to Let’s look at how this will impact sale. Even then, we only make retailers have the money for transportation, to other States. Arizona, 22.9 percent of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5589 the adults smoke; $227.3 million tax in- annual tax liability would balloon those payments—taxes—are to be crease on Arizona, $164.7 million on $3,700 as a result. The marriage penalty passed through to consumers—under a those with incomes of $30,000 or less. In led them to rethink their decision to penalty if it is not done. Texas, 23.7 percent of adults smoke; get married. It has been said that industry is the $1.2 billion tax increase on Texas, $1.2 A marriage penalty exists today be- group that is convincing people that billion tax increase on the people of cause Congress legislated ill-advised this is a tax bill. But we all know that Texas, with three quarters of a billion changes to the Tax Code in the 1960s. industry can’t make it a tax bill, and being levied against those who earn This is an example of Washington’s val- Senators can’t say it is not a tax bill if $30,000 or less. ues being imposed on America instead it is a tax bill. It is a tax bill. It re- This bill contains massive tax in- of America’s values being imposed on quires consumers to spend additional creases that are going to be used to ex- Washington. sums of money and to send them to pand the Federal Government just Over the next 5 years, the Federal Washington so that government pro- when the American people continue to Government is expected to collect $9.3 grams can be extended. make it clear that they need relief. trillion in taxes from hard-working Those who support this bill would Some people ask, where is all this Americans. Completely eliminating the like for the American people to believe money coming from when we talk marriage penalty would reduce that that this is tough on tobacco. The about our surpluses? I can tell you total by only $150 billion, or only 1.6 American people are beginning to find where the money comes from—it comes percent. out that tobacco companies won’t bear from the hard work, the sacrifice, the Now that taxpayers have provided the costs of these payments. Consum- ingenuity, the efforts of Americans. It the Federal Government with a surplus ers will. This bill requires that con- is not our money. It is their money. It that may be as much as $60 billion this sumers will be those who are required is not Washington’s. We should be dis- year alone, Congress has no excuse for to put up the money—the $800 billion- cussing how to leave the money where withholding tax relief from American plus that comes in the mandatory pay- it belongs. Instead, we are discussing families. ments, the taxes that are occasioned how to take more money. The power to tax is the power to de- by this bill. I have an amendment that I plan on stroy. The average dual-income house- What will be the impact on tobacco introducing later in this debate that hold spends a far larger share of its in- companies? In September of 1997, the will accomplish the goal of leaving come on taxes than it does on food, Federal Trade Commission issued a re- money in the pockets of the taxpayers. shelter, clothing, and transportation port entitled ‘‘Competition and the Fi- It will give much-needed tax relief to combined. nancial Impact of the Proposed To- Americans in a way which will provide With taxes at these levels, no wonder bacco Industry Settlement.’’ The re- the greatest relief to those who will be families are finding it necessary to port was done at the request of the hardest hit under the bill. I believe, as send both spouses into the workplace. Congressional Task Force on Tobacco many do in this body, that if this bill One of the ways in which the marriage and Health. This report analyzed the is allowed to increase taxes, that reve- penalty manifests itself is that the economic impact of the proposed set- nue should be used to relieve married standard deduction for a married cou- tlement on cigarette prices, industry couples of what might possibly be the ple is less than that for two singles. profits, and Government revenues. most indefensible and immoral tax of That means if you are married and you This tobacco legislation was built upon the proposed settlement, but it is our Tax Code. This is a perfect example file a joint return, the standard deduc- not exactly the same. But this report of Washington’s values being imposed tion is not double what it was when was based upon the annual payment, on America instead of America’s values you were single. Again, let me repeat look-back provisions, and tax deduct- being imposed on Washington. Ameri- this staggering fact. Last year, 21 mil- ibility of the payments made by the to- cans value marriage; Washington taxes lion married couples collectively paid a bacco companies. marriage. $29 billion tax. They paid $29 billion There are several important conclu- The marriage penalty tax creates a more than they would have paid had sions in this report: situation in which 21 million couples they been single. First: ‘‘The major cigarette manufac- pay $29 billion more than they would I will offer an amendment that will turers may profit from the proposed have paid had they been single. The substantially reduce the marriage pen- settlement by increasing the price of marriage penalty, on the average, is alty. It will do so by making the stand- cigarettes substantially above the about $1,400 per family. This is grossly ard deduction for married couples amount of the . . . payments that are unfair and is an assault on the values twice what the standard deduction is to be paid to the public sector.’’ of the American people. Consider a typ- for single people. It could be profitable for the tobacco ical couple in which each person earns Members of this body have been argu- companies. This bill that is so hard on an annual income of $35,000. Under cur- ing that there is no tax in this bill, the tobacco companies may result in rent law, if the couple were to wed in only an increase in tobacco prices to increased profits for the very tobacco 1998, they would pay $10,595 in Federal deter smoking. In fact, the Finance companies we are supposed to be hurt- income taxes, assuming they were Committee, in its mark, at least tried ing. childless and they take the standard to level with the American people by Second, the report concludes: ‘‘Even deduction. If, instead, they chose to re- reporting out a bill that called it a tax. assuming that prices increase by no main single, their combined tax bill Webster’s Dictionary defines a tax as a more than the annual payments, the would amount to $9,117. In other words, ‘‘compulsory payment, usually a per- major cigarette firms may profit they would pay $1,478, a 16-percent pen- centage, levied on income, property substantially . . . through limitations alty for being married. values, sales prices, etc., for the sup- on liability and reductions in advertis- As you might expect, people often port of government.’’ ing and litigation costs.’’ modify their behavior to avoid paying In this bill we have a compulsory Well, that is a very serious sugges- taxes. In fact, it is one of the assump- payment. The bill then requires that tion. And that comes from the Federal tions of the tobacco legislation that the cost of these payments be passed Trade Commission of the United people would modify their behavior— on in the form of price increases to States. quit smoking—if we raise taxes on consumers. It even penalizes companies Again, the actual elements of this cigarettes. Does the Tax Code really in- if they fail to do so. These payments bill that are supposed to show that fluence moral decisions and prevent are then used to fund massive pro- Congress is ‘‘tough on tobacco’’ may, couples from getting married? Trag- grams for Federal and State govern- according to the Federal Trade Com- ically, yes. Some couples simply can- ments. mission, actually enable tobacco com- not afford to bear the extra burden of Well, if it walks like a duck, talks panies to profit substantially by reduc- the marriage penalty. Just ask Sharon like a duck, and sounds like a duck, it ing litigation costs and by reducing the Mallory and Darryl Pierce of Conners- is a duck. So if it ‘‘walks’’ like a tax costs of advertising. ville, IN. They were planning to get and acts like a tax, it is probably a tax. The report then mentions the affect married when they learned that their This is a tax and in law provides that of price increases on smokers. It says: S5590 CONGRESSIONAL RECORD — SENATE June 4, 1998 The overall demand by adults for ciga- could be felt within a single generation, and status and the like and making a state- rettes is inelastic, or relatively insensitive we could see nicotine addiction go the way of ment, which smoking frequently is for to changes in price. Most adult consumers smallpox and polio. without a price increase. young people. will continue to smoke notwithstanding a These statements were made about The debate on this floor has as- significant increase in price. regulations that contained absolutely As a result, an industry-wide price increase sumed—a dangerous assumption, reck- would be profitable for the companies, even no price increase—no massive tax on less, and irresponsible intellectually— though some smokers would react to the the working people of America; no that for every 10-percent increase in higher prices by smoking less or quitting al- massive taking by the government of price you get a 7-percent reduction in together. over three-quarters of a trillion dol- youth smoking. Now, the evidence is not clear that lars; no extension of 17 new boards, Studies conducted by economists at raising prices reduces teen smoking commissions, and agencies for the gov- Cornell University and the University rates. Mr. President, this bill is being ernment. of Maryland, and funded by the Na- considered on the Senate floor. It is Also, remember that these regula- tional Cancer Institute, question the being considered and being sold to the tions were supposed to reduce youth connection between youth smoking, American people as the only way to re- smoking by 50 percent over 7 years, prices, and tax rates. while it has been claimed, that this duce youth smoking. They are being THE CORNELL STUDY bill—containing massive tax in- told that we can justify an $800 billion After following 13,000 kids for 4 years, creases—will reduce teen smoking by tax increase that is necessary to get Dr. Philip DeCicca of Cornell Univer- 60 percent over 10 years. rid of the disease of addiction. How- sity, in a National Cancer Institute Dr. Kessler was widely cited as a sup- ever, after looking at the evidence, funded study—a public health study— porter of the amendment offered on there is no reason to believe that such found ‘‘Little evidence that taxes re- this floor last week that would have in- a tax increase is the answer to elimi- duce smoking onset between 8th and creased the tax on cigarettes by $1.50 nating teen smoking. 12th grade.’’ rather than the $1.10 already contained Mr. President, I inquire as to the The economists that conducted this time remaining in my opportunity to in the bill as necessary to reduce teen smoking, which is substantial. study presented their results between speak? the relationship between higher to- The PRESIDING OFFICER. Nine Yet, when those regulations were en- acted he never complained that this bacco taxes and youth smoking to the minutes. American Economics Association an- Mr. ASHCROFT. I thank the Chair. regulation would not have been effec- tive in reducing teen smoking because nual meeting in January 1998. This is Food and Drug Administration regu- not a dated study. lations, which were designed to curtail it did not contain such a massive tax increase. The study concluded that higher teen smoking and which were sug- taxes have little effect on whether gested by a Cabinet Secretary who About these regulations, President Clinton stated: young people start to smoke. helped promote these regulations, did They concluded that ‘‘[T]axes are not not contain price increases. The most That’s why a year ago I worked with the FDA, and . . . a nationwide effort to protect as salient to youth smoking decisions striking evidence that significant price our children from the dangers of tobacco by as are individual characteristics and increases are not necessary to reduce reducing access to tobacco products, by pre- family background.’’ smoking is a very recent attempt by venting companies from advertising to our ‘‘[W]e find little evidence that taxes this administration to address the children. The purpose of the FDA rule was to reduce smoking onset between 8th and youth smoking issue. In 1996, regula- reduce youth smoking by 50 percent within 7 12th grades,’’ and estimated that a $1.50 tions promulgated by the FDA were years. tax increase would decrease the rate of touted as being historic. It was esti- There was no complaint by the Presi- smoking onset by only about 2 percent- mated to reduce youth smoking by 50 dent that these regulations were insuf- age points—from 21.6% of 12th graders percent over 7 years, and they didn’t ficient because they did not contain a who start smoking currently to 19.6% include price increases. price increase. of 12th graders. The important aspect of these regula- What has changed in just 2 short ‘‘Our data allow us to directly exam- tions is that they contain no price in- years? ine the impact of changes in tax rates crease on smokers in the general popu- Policymakers in Washington have on youth smoking behavior, and our lation. As you know, this legislation is found a cash cow to pay for their pet preliminary results indicate this im- raising the prices on 100 percent of the programs that the President said he pact is small or nonexistent.’’ smokers to try to discourage the utili- wanted, but which he would find in- Here is the best data we have. The zation of cigarettes by 2 percent of capable of moving through the ordi- most recent studies indicate that a those who purchase. There was no dis- nary budget process. massive increase of three-quarters of a The evidence as to whether price in- cussion in the regulations of a huge trillion dollars plus on the taxes of the creases reduce youth smoking is ten- price increase—a massive tax increase. American people will have little im- tative—at best. And about this regulation, the Sec- pact or a nonexistent impact in reduc- The second issue I want to address retary of Health and Human Services, ing youth smoking. concerning the need to increase taxes Donna Shalala, stated: In conclusion, the economists stated on the American people by $868 billion This is the most important public health that the study ‘‘raises doubt about the is whether price increases actually re- initiative in a generation. It ranks with ev- claim that tax or price increases can duce teen smoking. erything from polio to penicillin. I mean, substantially reduce youth smoking.’’ this is huge in terms of its impact. Our goal My colleagues have been arguing is very straightforward: to reduce the that the studies show conclusively that MARYLAND STUDY amount of teenage smoking in the United price increases reduce youth smoking. Economists at the University of States by half over the next 7 years. However, that simply is not the case. Maryland and the University of Chi- It is a laudable objective, and appar- At best, the studies are inconclusive. cago conducted a similar study that ently it is believed to be attainable by At worst, they show little correlation analyzed data concerning more than the Secretary of Health and Human between price increase and a reduction 250,000 high school seniors for the pe- Services without a massive tax in- in youth smoking. riod 1977–1992—the largest such sample crease or price increase. The debate on this floor has assumed ever used for a study on this subject. David Kessler, one of the strongest that for every 10 percent increase in They found that the relationship be- proponents of this bill, was the Direc- price reduces youth smoking by 7 per- tween price and youth consumption is tor of the Food and Drug Administra- cent. ‘‘substantially smaller’’ than suggested tion when these regulations were pro- Frankly, I think the average citizen by previous studies. mulgated. He stated: knows that young people who are will- In addition, real world experience Don’t let the simplicity of these proposals ing to pay $150 a pair for sneakers are confirms the uncertain relationship be- fool you. If all elements of the anti-smoking probably not very price sensitive when tween higher tobacco taxes, prices and package come into play together, change it comes to other factors that relate to youth smoking. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5591 CALIFORNIA have less ‘‘disposable income’’ than public transportation; it was totally In 1989, California increased its ciga- adults, but their spending is almost en- unnecessary; it discriminated against rette excise tax by 25 cents per pack, tirely discretionary. the rights of smokers, and on and on but there is no evidence that youth The CDC has compiled data on brand- and on. smoking declined. This was an 11 per- preference that supports the conclusion Well, Mr. President, it was our good cent increase. Therefore, under the that young people are not particularly fortune in the House of Representa- analysis that elasticity of teenage price sensitive. tives to have a number of Members of smokers is .07, there should have been The ‘‘price value’’ or discount, seg- Congress, both Democrats and Repub- a decrease of at least 7 percent. ment of the cigarette market com- licans, who, for the first time in mod- We are operating under the assump- prised 39 percent of the overall ciga- ern memory, rejected these pleas from tion that 25 cents a pack would have rette market in 1993. Yet, according to the tobacco lobby and enacted legisla- resulted in a 16-percent or more de- the CDC, less than 14 percent of adoles- tion a little over 10 years ago that crease in the number of youth smokers. cent smokers purchased generic or banned smoking on airplane flights of 2 The truth of the matter is there was other ‘‘value-priced’’ brands—just one- hours or less. It was a breakthrough. It an 11-percent increase. Therefore, third the percentage. was the first time the tobacco lobby under the analysis that the elasticity The point was echoed by the govern- lost. Those who joined me in that ef- of smokers is .07, there should have ment’s lawyer defending the FDA to- fort stuck their necks out politically. been a decrease of substantial propor- bacco rule, who told the U.S. District It wasn’t considered to be very smart tions. Court, ‘‘[P]rice, apparently has very politics to oppose tobacco. This, in However, as of 1994, researchers were little meaning to children and smok- fact, was the largest, most powerful, most well funded lobby in Washington. ‘‘unable to identify a decline in preva- ing, and therefore, they don’t smoke Fortunately for us, Senator FRANK lence [among 16 to 18 year olds] associ- generic cigarettes, they go for those LAUTENBERG of New Jersey and his ated with the imposition of the excise three big advertised brands.’’ In Canada, in Great Britain, the Cor- friends in the Senate joined us in the tax.’’ nell study, Maryland University, the battle and together we successfully CANADA Chicago study, the situation in Califor- achieved our goal. Today, virtually all The most commonly cited real world nia, we don’t have a clear understand- domestic airline flights—in fact, I situation is our neighbor to the ing that a rise or an increase in taxes think all of them—are smoke free. It is North—Canada. would in fact result in a decrease in now becoming a trend worldwide. In Canada, the federal government youth smoking. That battle and that victory, I think, increased cigarette taxes in several It is with that in mind that I feel we set the stage for where we are today, stages in the late 1980s and early should reject this bill as a massive tax albeit a small victory in comparison to 1990s—from $10.75 per 1,000 cigarettes to increase, and if there is a massive tax our goal in this debate. But it would $24.34 in 1986, then to $38.77 in 1989, and increase in this bill, that tax increase have been unimaginable 10 or 11 years to $62.90 in 1991. should be sent back to those who are ago to think that today in the Senate Although it has been stated on this most hurt by it—low-income individ- we are debating a bill involving to- floor, by proponents of this legislation, uals—by eliminating a marriage pen- bacco and health of the magnitude of that smoking decreased during that pe- alty by raising the standard deduction the McCain bill which comes before us. riod, they fail to talk about the years for married couples to exactly double JOHN MCCAIN is our Republican col- 1991 to 1994 when the tax rates were the that enjoyed by single taxpayers. league from the State of Arizona. I ad- highest in that nation’s history. I thank the Chair for the time. I mire his grit and determination in During that period, smoking rates yield the floor. bringing this bill to the floor despite a among 15–19-year-olds rose from 21 to Mr. DURBIN addressed the Chair. lot of opposition, primarily but not ex- 27 percent. That is a 25-percent in- The PRESIDING OFFICER. The Sen- clusively, from his own side of the crease. ator from Illinois is recognized for 30 aisle. If the argument that rising prices minutes. When you think in terms of what we will reduce teen smoking, it stands to AMENDMENT NO. 2438 are setting out to achieve, it is sub- reason that youth smoking should in- Mr. DURBIN. I thank the President. I stantial. It is revolutionary. It is long crease as prices fall. However, a year am happy to stand this morning in sup- overdue. Our goals are simple: reduce and a half after reducing—signifi- port of the pending amendment before teen smoking, invest in public health cantly—tobacco taxes in Canada, ac- the U.S. Senate to this tobacco legisla- research and programs to help smokers cording to the ‘‘Survey on Smoking in tion. It is an amendment offered by quit, and protect tobacco farmers and Canada,’’ teen smoking ‘‘remained sta- Senator DEWINE, Republican of Ohio, their communities. ble.’’ and myself, a bipartisan effort to make The focus on children is a good one The fact that is ignored by those who this important bill more effective. and an important one because tobacco argue teen smoking declined in Canada I would like to pause for a moment companies have needed these children due to the significant tax increases is before addressing the amendment and desperately. Each year, they have to that youth smoking declined in the speak to the historical significance of recruit millions of children to replace United States by 30 percent during the this debate. those who are breaking the habit and About 11 years ago I was involved in same period—1977 to 1990—without a those who have passed away. They set a struggle as a Member of the House of price increase. out their net and stretch it out for mil- Representatives to pass one of the first lions and bring in thousands, but they U.K. tobacco-controlled bills ever consid- keep replenishing the ranks; 89 percent Between 1988 and 1996 the per pack ered by the House of Representatives. of all people who ever tried a cigarette price of cigarettes increased by 26 per- In comparison to this bill, ours was a tried by the age of 18. Of people who cent. Although cigarette volumes fell very modest measure. We were setting have ever smoked daily, 71 percent by 17 percent, the percentage of weekly out to achieve something which on its were smoking daily by age 18. Vir- smokers aged 11–16 went from 8 percent face appeared very simple, but turned tually no one starts smoking during in 1988 to 13 percent in 1996. out to be politically very difficult. adulthood. It is a childish decision. It COMMON SENSE What we wanted to achieve 11 years becomes a childish habit, and it con- Common sense also suggests that ago was to ban smoking on airplanes. demns those who fall into the lure of youth are less responsive to tax and You would have thought that we were this nicotine addiction to the likeli- price increases. In an era of $15 com- proposing a second American revolu- hood of a shortened life and more expo- pact discs, $100 video games, and $150 tion. The tobacco lobby organized its sure to disease. sneakers, is it realistic to believe that efforts, found all of its friends, both This McCain bill not only sets out to a few extra dollars on cigarettes a Democrat and Republican, and mar- reduce the number of teen smokers, month will cause youth to stop experi- shaled forces to beat our effort. but it also sets out to invest more in menting with smoking or not to start They predicted that what we were medical research. When I heard my col- in the first place? Young people may setting out to do would create chaos in league from Missouri decrying this bill S5592 CONGRESSIONAL RECORD — SENATE June 4, 1998 and talking about this waste of tax dol- not achieve our goal unless we are very the Federal tax on tobacco products, lars being brought into our Treasury, I serious and very specific. In fact, in they had a 60-percent reduction in chil- paused and thought that we could every State in the Nation it is against dren who were smoking. Kids are price argue—and I will during the course of the law for minors under the age of 18 sensitive; they don’t have all the my remarks—that raising the price of to purchase tobacco products, and yet money in the world, and when the price the product is going to discourage chil- clearly they do on a daily and over- of the product goes up too high, they dren from using it as well as others, whelming basis. So the mere enact- stop using it or reduce their usage. but also the money that is coming in ment of a law has not achieved our Canada is a perfect example. as a part of this bill is going to be in- goal. On the academic front, at the Univer- vested back in America. Why is the McCain bill any different? sity of Illinois, Dr. Frank Chaloupka I would stand by the results of a na- It is different because one important has performed a study in which he has tional referendum on the following facet of this bill is included. It is the surveyed cigarette prices and whether question: Should we increase the Fed- so-called look-back provision. The or not they have any impact on the eral tax on a package of cigarettes, and look-back provision is accountability; percentage of youth smoking. He says: then take a substantial portion of the it is honesty. It says that as the years Based on this research, I estimate that a money raised and put it in medical re- go by we will measure the number of $1.50 increase in the federal cigarette tax, search—send it to the National Insti- teen smokers in America, and if that implemented over three years and main- tutes of Health for research to find percentage does not come down, the to- tained in real, inflation adjusted terms, will cures for cancer, heart disease, AIDS, bacco companies and tobacco industry cut the prevalence of youth smoking in half. juvenile diabetes, Alzheimer’s, and the will be held accountable in terms of The bill sticks to $1.10, and the per- myriad of medical problems that we fees that need to be paid as they miss centage decrease may not be as high or face in this country? I will bet the re- these targets. as dramatic, but clearly it will be a de- sults would be overwhelmingly positive That accountability brings reality to crease. Increasing the cost of the prod- because Americans believe in this in- this debate. We can have the highest uct reduces its usage. vestment. Americans believe that this flying speeches, the most voluminous I find it interesting that my col- bill, in providing money for medical re- rhetoric, and yet we will not achieve league from Missouri talked about the search investment, is money well our goal unless we are specific. Is this so-called cash cow that this $1.10 cre- spent. a matter that should concern us? Con- ates, the billions of dollars brought Smoking cessation programs are part sider this chart for a minute. It is a into the Federal Treasury because of of it, too. I think that is sensible. My troubling commentary on what is hap- this increase in the Federal tobacco father, who was a lifelong smoker, was pening in America. tax. I think this is money that is going a victim of lung cancer and died in his This chart shows the percentage of to be raised for good purposes, to re- early 50s. I saw, even after his diag- high school students who currently duce teen smoking, to invest in medi- nosis, the situation that he faced, the smoke cigarettes. Look at from 1991 to cal research, to invest in smoking ces- craving that he had for this deadly cig- 1997. In every grade, 9th, 10th, 11th and sation, and to help tobacco farmers in arette that had caused him so many 12th, across America, there has been an transition. health problems. I have always had a increase in the percentage of students It is interesting that so many of the sensitivity and a sympathy for smok- who are smoking. In fact, the increase critics of this bill, who argue we need ers who are trying to quit. For some, over the six years has been 30 percent. no tax whatsoever, are anxious to they can just literally walk away from While we have given all these speeches, spend the proceeds from that tax. Ref- it, decide in a minute that tomorrow while we have talked about this prob- erence is made to the marriage pen- they will never smoke another ciga- lem, while the President, the Vice alty, an interesting tax challenge rette. But for others it is virtually a President, the Secretary of Health and which we should take up at some point. lifelong struggle. Human Services, and so many others But the people who are opposed to this The McCain bill puts money into have addressed it, we have, in fact, bill want to take the proceeds from the smoking cessation programs so that seen the children of America ignoring bill and spend them on correcting this smokers nationwide will have the it. They have taken up this habit, and tax anomaly, the so-called marriage means to turn to, to reduce their addic- as they take it up more and more kids tax penalty. They cannot have it both tion to nicotine. My colleague from are vulnerable. ways. You cannot decry this bill as a Tennessee, Senator FRIST, spoke ear- For those who do not think this is a so-called cash cow, raising taxes that lier about the need for medical re- real American family issue, I pose one are unnecessary, and then make all search in this area, for breakthroughs question which I always pose in this sorts of proposals on how to spend it, to stop this addiction. I fully support debate: Have you ever met a mother or and certainly proposals which have lit- him, and I think it should be part of father who came to you at work one tle or no relevance to the question of this effort. We are hopeful these break- morning and with great pride and a whether or not we are addressing the throughs will make it easier for people smile on their face said, ‘‘We have scourge of smoking addiction in this to stop this addiction to nicotine. That great news at home. Our daughter country. is part of this bill. came home last night and she started Let me also speak for a moment to Another provision of the bill protects smoking.’’ I have never heard that. In the Food and Drug Administration. It tobacco farmers and their families. I fact, just the opposite is true. Parents is true that Dr. David Kessler, who is a have never had any crusade against the who suspect their kids have started friend and someone I worked with for tobacco farmers. I understand the dev- smoking are worried. They understand many years, showed extraordinary astation in health that their crop can the danger. They understand the addic- courage, with President Clinton and cause, but I have always felt they de- tion. And they understand better than Vice President GORE, in an initiative to serve a chance to find another liveli- most why this debate is so critically reduce smoking in America. They took hood. This bill gives them that chance. important. a lot of heat for it, because they took That is why I support it. Some argument is made as to wheth- on the tobacco industry and they sug- Let me speak to the amendment be- er or not the increase in the price of to- gested they were going to get serious fore us, the Durbin and DeWine amend- bacco products will reduce usage by about it. They were going to try to ment. It is a look-back provision. children. The Senator from Missouri, view nicotine as the drug that it is. Now, we could give all the speeches who spoke before me, talked about all They were going to try to hold ac- we want to give on the floor of the Sen- sorts of surveys that came to an oppo- countable retailers who were selling to ate and in the Chamber of the House site conclusion. I would point to two children. And they were going to estab- decrying teen addiction to tobacco that confirm the belief in this bill that lish standards across America—for ex- products, addiction to nicotine. We can if you raise the price of the product, ample, asking for identification for the pass all the bills we want saying that children are less likely to use it. purchase of tobacco products. When as a Nation we are going to come to In Canada, just to the north, when they proposed this, their critics went grips with this, and I am afraid we will they imposed a substantial increase in wild: ‘‘Oh, it is overreaching by the June 4, 1998 CONGRESSIONAL RECORD — SENATE S5593

Federal Government. It is just entirely be applied here. Senator DEWINE and I of Minnesota. He hung in there for a too much.’’ Yet they were on the right seek to apply this standard in this situ- long time, and, literally before the jury track, a track which we follow today. ation. We believe—and I hope my col- retired to consider a verdict, he settled Let me try to zero in specifically on leagues will join us in the belief—that the case for over $6 billion for the tax- the Durbin-DeWine amendment. The it is eminently fair for us to hold each payers of Minnesota. That is great fact that this amendment is being de- tobacco company accountable. news for those taxpayers and Attorney bated today has a lot to do with 40 Let us assume, for example, that R.J. General Humphrey. But equally impor- State attorneys general who filed law- Reynolds takes this bill very seriously tant, during the course of his lawsuit suits against the tobacco companies, and says they are going to stop mar- he managed to draw out even more doc- seeking to recover, for their States and keting their product to children, that uments from the tobacco industry. It taxpayers, money that was spent be- they are no longer going to be selling seems that the more and more docu- cause of tobacco products. Last year, Camel cigarettes to kids. They tell mentation we bring out, the more obvi- as a result of the aggregate effort of their retailers: ‘‘Don’t let that pack go ous it is that these tobacco executives these attorneys general, a general over the counter. Don’t sell it to a have been lying to us for decades. They agreement, or settlement, was reached. child. We are very serious about it. Or have, in fact, been targeting kids. Part of that agreement included these we may cut off your access to our prod- We have so many examples. I can’t so-called look-back provisions. The uct.’’ They say to the people who are read them all to you here, but from a agreement said that the tobacco indus- doing the advertising and marketing: 1981 memo, a Philip Morris researcher try was willing to be held accountable ‘‘Get honest about this. Make sure that said: to reduce the percentage of young peo- we don’t advertise around schools. Today’s teenager is tomorrow’s potential regular customer. ple smoking. If they did not reach the Make sure that we don’t have all these goals, they would be penalized. So the promotions with Camel hats and shirts A 1973 Brown & Williamson memo idea of a look-back provision is not and all the rest of it.’’ said: something being foisted on the indus- And let’s say they are successful. Kool has shown little or no growth in share Should that conduct on their part, that of users in the 26-plus age group. Growth is try or something brand new on Capitol from 16 to 25 year olds. . .. Hill; this is an idea that was endorsed positive conduct, be rewarded? Of Remember, at the time, it was illegal by the tobacco companies as part of course it should. In contrast, if Marl- to sell their product to 16-year-olds in their agreement with the State attor- boro and Philip Morris, for example, some States, and, yet, they were mak- neys general. decide they don’t care, they just go on The difference, of course, in the selling as usual, and in fact you see ing it very clear it was part of their marketing strategy. The list just goes DeWine-Durbin approach, is that we kids, more and more kids, turning to on and on of these companies that take this from an industry assessment, their brand, should they be held ac- made conscious marketing decisions to from an industry fee, and say let’s countable for that decision? Why, of sell to children. They knew they had to look, instead, to the specific tobacco course they should. Company-by-com- recruit these kids. If the kids turned companies. Senator MCCAIN of Arizona, pany accountability makes sense. It 18, it was unlikely they would become in his bill, says we should do that for says to the tobacco industry: This is smokers. All of these documents and roughly a third of the penalties in- not just an industry problem, this is a evidence have really made the case. volved. Senator DEWINE and I think it company challenge. Get serious about Our look-back amendment says we should be a larger percentage. Let me it. are going to take this very seriously on explain to you why we think it should I was somewhat amused that the a company-by-company basis. Let me be larger. Richmond, VA, Times-Dispatch yester- address for a moment some of the criti- Consider this for a moment. Some of day came out with a story from the cisms that have been leveled against my critics come to the floor and say it Philip Morris company. For someone this amendment. is impossible for us to measure how who has been battling this issue for a First, if you support the McCain bill, many children smoke how many brands long time, it is hard to imagine, but which has a company-specific payment of cigarettes. In fact, my friend, the Geoffrey Bible, chairman of the Na- in it, then you must necessarily reject Senator from Texas, says it doesn’t tion’s largest tobacco company, told the argument that you cannot assess pass the laugh test, to think that we employees in New York that he has re- on a company-specific basis. McCain would be able to measure how many cently appointed a senior executive to assumes that, I assume it, common underage kids are smoking Camels or ‘‘design more actions’’ to back up the sense dictates that, in fact, the compa- Marlboros or Kools or Virginia Slims. company’s long-held claim that it does nies market their brands to specific Let me suggest to him and others not try to appeal to youngsters. groups and can measure the success of who criticize this amendment, the to- What a great epiphany it must have their marketing and sales. The Durbin- bacco companies have extraordinary been in Richmond, VA, for Philip Mor- DeWine amendment takes the McCain resources and ability to measure the ris to finally realize we are talking premise of the fee assessed on a com- use of their product. If you challenged about them, we are talking about their pany-wide basis and expands it. So for Philip Morris to tell you how many marketing and advertising techniques, supporters of the McCain bill, the Dur- left-handed Latvians smoke Marlboros, and we are talking about the possibil- bin-DeWine amendment is consistent I bet they could come up with the num- ity, if they do not get serious and start with the methodology that is used. ber. If you challenged R.J. Reynolds to reducing sales to youth, that in fact Second, this will not lead to price in- come up with how many tongue-tied they are going to have to pay for it. creases. The Durbin-DeWine amend- Texans use Camels, I’ll bet they could The Durbin-DeWine amendment says ment is just the opposite. Some are ar- come up with the number. Because that payment should be directed at the guing the look-back provision means they market these products and these companies based on their conduct. If the cost of the tobacco product is going brands on a very specific basis. They they are positive and reduce sales to to go up. Well, not necessarily. If, for want to know not only how many they children, they will be rewarded. If they example, in the case that I used, R.J. are selling, but to whom they are sell- ignore this bill and they ignore these Reynolds is doing a good job and they ing them because they have billions of goals and end up selling more to chil- are not assessed a surcharge, but Philip dollars of advertising that they are dren, they should pay a price for it. I Morris is doing a bad job and they are going to focus in, to try to win over don’t think that is unreasonable. assessed, then Philip Morris is going to new groups. I want to salute, incidentally, the have to find a way to absorb that pay- So the suggestion that we cannot State attorneys general who started ment in their cost on the bottom line, measure the number of young people this ball rolling. Some have been criti- because to raise the price of their prod- using certain brands of cigarettes just cal of them. I have not. We would not ucts puts them at a competitive dis- defies common sense. The industry has be here today without their initiative advantage with the people at R.J. Rey- this ability. It has this knowledge. It is and without the progress that they nolds. a sampling technique that is used by made. Particularly, I would like to sa- The Durbin-DeWine amendment is businesses across America, and it can lute Attorney General Skip Humphrey specific in saying any payment that is S5594 CONGRESSIONAL RECORD — SENATE June 4, 1998 assessed is going to be absorbed by the tached to smoking addiction, diseases, able to get around efforts to restrict company in their bottom line. Let me and death. And we have the same tar- electronic advertising; they were able give you an example of the breadth of get in reduction as the original pro- to get around the early warning labels this payment. posed settlement with the States attor- that were passed by the Congress. If a company misses the target by 20 neys general. When our colleague on the other side of percent—in other words, we are saying I hope those who have listened to the Congress, the late Mike Synar, we are going to reduce teen smoking by this debate will understand what we passed legislation to ensure that the so much percent—15 percent, 20 per- are about here. This look-back amend- States would take strong action to en- cent, 30 percent—and it turns out they ment is more than just a technical ap- force the antisales laws to minors, the miss it by 20 percent, by a large mar- proach. It is, in fact, an approach tobacco companies got around that. gin, under our amendment their pay- which requires honesty and account- And the reason is that past policies ment would add up to about 29 cents a ability. The tobacco companies hate never provided a way to hold each indi- pack. It sounds like a lot of money. It this amendment like the devil hates vidual company accountable. is, but don’t forget for a moment that holy water, because this amendment So that is why this legislation is so the tobacco companies’ profit on each holds them accountable and says, ‘‘We very important. I would submit to my package of cigarettes is 40 cents. So don’t want to hear anymore verbiage colleagues—I argued this in the Senate our amendment is not going to drive from you about reducing teen smoking. Commerce Committee when, as the them out of business. It simply is going We want to put it in writing. We want Presiding Officer knows because I of- to tell them their profits are on the to put it on the line. We want you to be fered a similar proposal there as well— line unless they stop selling to chil- held accountable, and you will be held that this is really the key, if you want dren. accountable. And if the Durbin-DeWine to see tobacco companies clean up Some have argued that our surcharge amendment is adopted and you con- their act and do what they have long is too high and will increase costs to $7 tinue to push your product on children said they would do, and that is, stop billion instead of the underlying bill’s and this addiction rate among our kids targeting the youngsters of our coun- $4 billion. That is not accurate, either. continues to grow, you will pay try. The underlying bill is kept at $4 billion through the nose.’’ If you really do not want to change in industry-wide payments, but it also That is hard talk, I know. This is a business as usual, vote against this has company-specific payments as hard subject. We are talking about the amendment. If you think that tobacco well. The Durbin-DeWine amendment No. 1 preventable cause of death in companies will do it on their own, then draws a line and puts an absolute cap America today. That is why this his- you ought to oppose this amendment. at $7 billion in total. toric debate is so important, and that But if you want to change the course of The two approaches—the bill and our is why no other political diversion that history and make sure that we have amendment—have similar aggregates if has been raised on the floor should be the tools to hold the companies ac- the companies miss by large amounts. taken seriously. Let us get about the countable when they again, as they Third, it has been said that this people’s business. Let us do something have done throughout history, look for amendment is punitive—punitive. Our to give our kids a chance to be spared ways to get around this legislation, if approach is not punitive. It reduces the the scourge of addiction to nicotine you really want to get the job done industry-wide payment that applies to and tobacco products. right, then vote for this amendment of- companies that, in fact, reduce their Mr. President, I yield back the re- fered by our colleague from Illinois. youth smoking while other companies mainder of my time, and I suggest the The tobacco companies have spent fail to do so. It increases the sur- absence of a quorum. vast sums in recent months arguing charges on companies that continue to The PRESIDING OFFICER. The that this sort of legislation really isn’t market or sell to kids. That is not pun- clerk will call the roll. needed, that they would take strong ishment, that is accountability. The assistant legislative clerk pro- action on their own and that they have And fourth, as a sign we are not puni- ceeded to call the roll. cleaned up their act from years past. In tive, we have capped the amount that Mr. WYDEN. Mr. President, I ask the Senate Commerce Committee, we can be charged. It has been pointed out unanimous consent that the order for heard that argument. As the Presiding that we require payments of as much the quorum call be rescinded. Officer knows, we heard from all the as $240 million per percentage point, The PRESIDING OFFICER. Without CEOs at that time. Given the fact that but keep in mind, too, that the under- objection, it is so ordered. many of the documents and the ac- lying bill also has provisions in there Mr. WYDEN. Thank you, Mr. Presi- counts of past industry misdeeds were for payments by percentage point. The dent. pretty old, a number of us were in- lifetime social cost of hooking each Mr. President, and colleagues, the clined to say it is a new day. Let us see youth smoker is $400 million. We are single most important step this Con- if the tobacco companies are going to still charging companies less than the gress can take to protect our young- be better corporate citizens. Let’s see if social cost of their continued sales to sters from the tobacco companies that they have cleaned up their act. youth. prey on them is to hold each of those As we prepared for those Commerce I will conclude my time that has companies individually accountable. Committee hearings, Mr. President, I been allotted under the unanimous And that is what the look-back legisla- learned that the Brown & Williamson consent agreement by showing on this tion does that is now before the Sen- Company was again engaging in con- chart what happens under the Durbin- ate. duct that did not really reflect what DeWine amendment as opposed to the I would like to spend just a few min- they and other companies were saying McCain bill. utes talking about why this is such a in the ads that they were running at If companies miss by 5 percent, the critically important amendment in that time about how it is a new day amount they are charged is $240 mil- terms of protecting our children. and they have cleaned up their act. lion under our amendment, and it is History shows, and shows very clear- A brief bit of history for the Senate $190 million in the underlying bill. At ly, that each time the Congress tried to I think would be revealing. 10 percent, you can see the numbers, rein in the tobacco companies in the I participated, as a Member of the and 20 percent as well. past, the tobacco companies would use other body, in the hearings in 1994 The Durbin-DeWine amendment sets their enormous marketing, entre- where the tobacco executives then out to achieve several goals on which I preneurial and public relations skills under oath, told me that nicotine isn’t hope all Senators, regardless of party, to get around those efforts. So this addictive. Of course, they contradicted will agree. We reduce the number of amendment offered by our colleagues, every Surgeon General for decades. But youth smokers by 450,000 over the Senators DURBIN, DEWINE, myself, and there was actually a revelation at that McCain bill. We reduce the number of others, provides an opportunity to lit- hearing that perhaps was equally re- premature deaths by 150,000 with this erally reverse the course of history. markable. At that hearing, it was amendment. We reduce by $2.8 billion Previous efforts were always evaded brought to light that the Brown & the lifetime social costs that are at- by the tobacco companies. They were Williamson Company was genetically June 4, 1998 CONGRESSIONAL RECORD — SENATE S5595 altering tobacco plants to give it an bacco companies fear is accountability. gums, on therapy, on hypnosis, on all added punch as a way to attract smok- They have not been faced with com- of the things that people go through to ers—shocking evidence. And when pany specific accountability when we try to stop. We are spending $1.3 billion brought to light, the Brown & have passed previous legislation—warn- a year in Massachusetts alone. Ex- Williamson Company pledged to the ing labels, advertising restrictions, or trapolate that out across the country— committee, to the country, that they the Synar amendment. They never had it is millions of dollars more than the wouldn’t engage in that kind of con- to face an amendment like this that Federal Government commits to day duct again. would say, look, we are actually going care for our children. The reason this As we prepared for our hearings in to require you to produce results. happens is because people get hooked the Senate Commerce Committee, we I hope our colleagues will, as re- at the early stages. began to hear about news reports that flected by the bipartisan authorship of Now, I want to share with my col- the Brown & Williamson Company was this amendment—our colleagues, Sen- leagues something about getting using genetically altered tobacco, ator DURBIN and Senator DEWINE—will hooked in the early stages. We con- known as Y–1, in cigarettes and selling pass this legislation. It is critically im- tinue to hear colleagues come to the them both here and abroad. So when portant for the youngsters of this floor and say, gosh, this is going to the executives came before the Senate country. It is the one part of this bill raise money in the expense of ciga- Commerce Committee I asked them that will make sure that the job actu- rettes, and that is not a good thing. about this. In their words, the CEO of ally gets done in protecting young- But they never address the amount of the Brown & Williamson Company said, sters, and not allow another piece of money that Americans are spending be- ‘‘We are working off a small stockpile legislation, once again, to be evaded by cause of people who smoke. They never of genetically-altered tobacco, and in the tobacco companies’ genius, their address the tax that cigarettes fact that is being included in cigarettes marketing skills, and the vast sums ‘‘whack’’ every American, even those in our country and around the world.’’ that they will continue to spend with who don’t smoke. Every single house- As many in the Senate know, there is respect to marketing their products. hold in America is spending an un- now a criminal inquiry underway. I yield the floor. wanted, unrequested, undesired 1,300 There have already been those who Mr. KERRY. Mr. President, I thank plus dollars —1,370 or so dollars. Every have pleaded guilty in connection with my colleague from Oregon for his con- household in America spends that, this matter. The Justice Department tinued, persistent, passionate commit- whether they want to or not, on the continues its investigation. ment to trying to pass this legislation. cost of the other Americans who smoke The reason I bring this up is this is a The Senator was referring to the ex- and then get sick. concrete, tangible reason why we need traordinary sums of money that the to- Let me share a story about some the amendment offered by the Senator bacco industry spends. Let me remind Americans who smoke and get sick, a from Illinois. The Senator from Illi- our fellow Americans that amount of commentary in USA Today by Victor nois, our colleague, Senator DURBIN, money is $6.5 billion per year, $16.5 mil- Crawford. The title is ‘‘Tobacco was gives us a chance to reign in a com- lion per day, $700,000 every hour to get Dad’s Life; It Also Took his Life.’’ I pany that engages in that kind of people to smoke. What is most aston- read from the article: rogue action, action that is detrimen- ishing about this effort to get people to My father never had a chance. When he tal to the health of the American peo- smoke is the degree to which it has was growing up in the 1940s, almost everyone ple, and action that, in fact, as re- been targeted at young people, tar- smoked cigarettes. He said it was the thing cently as 4 years ago said they would geted at children. to do. It was not until 1964 that the U.S. Sur- never engage in again. It is an extraordinary story. Nine out geon General declared smoking was harmful. It is one thing to talk about conduct of 10 kids who smoke use one of the But by then, my father had been addicted for that is 20 or 30 years old; it is another three most advertised brands, and yet almost 20 years. His addiction finally killed thing to talk about conduct that stems less than 30 percent of adults use those him last March, one month before his 64th from the 1950s. But it is quite another most advertised brands. A study of 6- birthday. When my father was diagnosed with throat to see a company that makes a pledge year-olds showed that just as many 6- cancer in 1991, some thought he had it com- to the American people that they will year-olds—91 percent of all the 6-year- ing to him. You see, my father was a Mary- stop engaging in a health practice olds in this country—could identify Joe land State senator turned tobacco lobbyist. which is obviously detrimental to chil- Camel just as they could identify He was the first to dismiss the antismoking dren and to our citizens, and then start Mickey Mouse. That is an absolutely people as ‘‘health Nazis’’ but spent the last it again, even while the hot light of the extraordinary statement. years of his life trying to undo the damage Congress is examining their conduct in Now, there is a reverse side of how he had done. He admitted he had lied, and he considering legislation. extraordinary these statistics really apologized for claiming, ‘‘There is no evi- dence that smoking causes cancer.’’ Unfortu- These companies are not going to are, because for every American who nately, tobacco lobbyists understand this change on their own, Mr. President. We smokes there is an American or two simple logic all too well. Like my father, are going to have to hold them ac- who are trying not to smoke. All of most smokers today start when they are countable through legislation. That is them will tell you—or almost all, 86 about 13 years old. And since about 90 per- why this amendment is so very impor- percent to 90 percent of them—they cent of all new smokers are 18 and under, the tant. I will tell my colleagues that I started smoking when they were teen- industry needs to keep hooking kids to stay believe this amendment, in connection agers. Most of them—again, many, in business. with the accountability requirements many, analyses and polls have been I will skip through a little bit, turn- that the President knows we set up in done of this—most of those people who ing to the end: the course of our Commerce Commit- started smoking as teenagers will tell My father said, ‘‘Some of the smartest peo- tee deliberations, is the single most us if they could quit today, they would ple in America work at just one thing: trying important tool for reversing history quit today and never start again. If to figure out how to get young people to and making sure that after this bill is they had the choice to make again, smoke. As tobacco kills off people like me, passed and the tobacco companies try they wouldn’t choose to smoke. But they need replacements.’’ My father didn’t live to see his daughter graduate from col- to get around it, that we will have they smoke because they are addicted. lege; he won’t meet my future wife, nor will some strong tools to rein them in. They are hooked. he walk my sister down the aisle at her up- I know we want to move to a vote on The truth is, in the United States of coming wedding; he will never know his this, but I simply wanted to take a few America we have more people spending grandchildren, and they will never meet minutes of the Senate’s time to say more money to try to get unhooked on their grandfather—all because when he was that I think this is a critically impor- an annual basis than we spend on day 13, smoking was the thing to do. Let’s give tant amendment. It is critically impor- care. That is most extraordinary. I today’s kids a fighting chance. tant for each Senator who really is se- found it hard to believe when I heard Mr. President, that is why we are rious about changing business as usual that. In Massachusetts alone, our citi- here in the U.S. Senate. We have been with respect to tobacco policy. The sin- zens are spending $1.3 billion a year on tied up for more than a week now try- gle most important concept the to- nicotine patches, on different kinds of ing to give kids a fighting chance. S5596 CONGRESSIONAL RECORD — SENATE June 4, 1998 There is only one reason this bill is on Let me read what Dianne Burrows, a our high market penetration among young the floor of the Senate: because every researcher, wrote in a memo for R.J. smokers . . . 15 to 19 years old . . . my own expert in America, including the to- Reynolds in 1984: data, which includes younger teenagers, shows even higher Marlboro market penetra- bacco companies, tells us that if you If younger adults turn away from smoking, tion among 15–17 year olds. raise the price of cigarettes, you will the industry must decline, just as the popu- reduce the number of young people who lation which does not give birth will eventu- This is from a different document, smoke. And if we reduce the number of ally dwindle. Mr. President. This is a Philip Morris young people who smoke now, we will In the same memo, it says: internal document in 1987. This came reduce the 420,000 Americans who die Younger adult smokers have been the criti- from the Minnesota case. This was an every year as a result of a smoking-re- cal factor in the growth and decline of every exhibit in the Minnesota trial. This lated disease, such as cancer of the major brand and company over the last 50 may explain one of the reasons that years. They will continue to be just as im- pancreas, cancer of the larynx, cancer Minnesota finally reached a settle- portant to brands/companies in the future ment. of the throat—one cancer or another— for two simple reasons: the renewal of the and heart disease and liver disease. You may recall from the article I sent you market stems almost entirely from 18-year- that Jeffrey Harris of MIT calculated . . . The Presiding Officer understands old smokers. No more than 5 percent of the 1982–1983 round of price increases caused better than anybody, as a practicing smokers start after the age of 24. two million adults to quit smoking and pre- physician and one who has been a key That is an R.J. Reynolds research vented 600,000 teenagers from starting to architect in helping to get this bill in memorandum, telling us that people smoke. Those teenagers are now 18–21 years a position to pass it, that this bill is don’t start smoking after age 24. They old, and since about 70 percent of 18–20 year- about stopping kids from smoking and targeted young people and got them olds and 35 percent of older smokers smoke a reducing the costs to America, the hooked with a narcotic killer sub- PM brand, this means that 700,000 of those costs to families, the unwanted, stance. adult quitters had been PM smokers and 420,000 of the non-starters would have been unrequested costs of smoking. Families Brands/companies which fail to attract PM smokers. Thus, if Harris is right, we were who result with a disease that comes their fair share of younger adult smokers hit disproportionately hard. face an uphill battle. from smoking wind up paying tens of Here is the kicker: ‘‘We don’t need thousands of dollars more in health in- Younger adult smokers are the only source of replacement smokers. this to happen again.’’ surance. But the impact for those peo- In other words, we don’t need to lose ple who don’t have insurance, or ade- So kill them off and replace them. Kill them off and replace them. That is these smokers again. We have to find a quate insurance, is to raise the insur- way to penetrate—that, and the young ance costs for everybody in America, the way it has been. This is a Brown & Williamson memo people. But the most important thing raise the costs of all of our hospitals, is they found that their price increase raise the costs for families who can ill from consultants recommending that the company consider Coca-Cola or caused 2 million adults to quit, and it afford it. prevented 600,000 teenagers from start- Mr. President, this is the first oppor- other sweet-flavored cigarettes. The 1972 memo says: ing to smoke. tunity the U.S. Senate has had to ad- That is a cigarette industry docu- dress an extraordinary history. I want It’s a well-known fact that teenagers like sweet products. Honey might be considered. ment. For those Senators who keep to share that history with my col- coming to the floor saying, ‘‘Why are leagues. It is now known that the to- They were talking about a way to try to sweeten cigarettes and get more we raising this price?’’ all they have to bacco industry helped to create this do is read the cigarette companies that mess by targeting young people, by young people hooked. Another Brown & Williamson memo they are inadvertently, or otherwise, creating replacement smokers. Many said: protecting on the floor by not voting of my colleagues may not have had an for this legislation, because the ciga- opportunity to focus precisely on the Kool has shown little or no growth in share of users in the 26 [plus] age group . . . rette companies themselves will tell degree to which that has been true and Growth is from 16–25 year olds. At the you, raise the price and they lose busi- the degree to which, therefore, this ef- present rate, a smoker in the 16–24 year age ness. That is precisely why people fort to try to raise the price of ciga- group will soon be three times as important agreed on a volume adjustment in the rettes and create a series of efforts to to Kool as a prospect in any other broad age process of arriving at how much money prevent young people from smoking category. is going to be gained over the course of through cessation programs, Let me share a Philip Morris docu- the life of this legislation. counteradvertising, and other efforts, ment with you. We are going to spread Let me read from a different Philip is so important. this around. We have had some from Morris memo. In 1975, the R.J. Reynolds company, R.J. Reynolds and Brown & The teenage years are also important be- in a memorandum, wrote the following: Williamson. This is from a report sent cause those are the years during which most To ensure increased and longer-term from researcher Myron E. Johnson to smokers begin to smoke, the years in which growth for Camel filter, the brand must in- Robert B. Seligman, then vice presi- initial brand selections are made, and the pe- crease its share penetration among the 14–24 dent of research and development, in riod in the life cycle in which conformity to age group, which have a new set of more lib- 1981: peer group norms is greatest. eral values and which represent tomorrow’s We will no longer be able to rely on a rap- Mr. President, here we have an ad- cigarette business. idly increasing pool of teenagers from which mission by Philip Morris of what ev- That is the R.J. Reynolds company to replace smokers through lost normal at- erybody has known—that they are ac- talking about targeting the 14- to 24- trition . . . Because of our high share of the tually targeting the peer group which year-old age group because they are market among the youngest smokers, Philip they know to be the most susceptible ‘‘tomorrow’s cigarette business.’’ Morris will suffer more than the other com- to exactly the kind of advertising that panies from the decline in the number of they geared up. They represent tomorrow’s cigarette busi- teenage smokers. ness. As this 14–24 age group matures, they The teenage years are also important be- will account for a key share of the total cig- So here you have Philip Morris, par- cause those are the years during which most arette volume for at least the next 25 years. ticularly, concerned about the loss be- smokers begin to smoke . . . the period in That is an R.J. Reynolds tobacco tween different companies, targeting the life cycle in which conformity to peer company executive, a vice president for teenagers. group norms is the greatest. This from the same report of Philip marketing, C.A. Tucker, on September That is extraordinary. Morris: 30, 1974. So the cigarette companies willfully Let me read what Mr. C.A. Tucker Today’s teenager is tomorrow’s potential played on the time period of greatest regular customer . . . The smoking patterns also said: peer group pressure and played to the of teenagers are particularly important to peer group pressure. So it is today that This suggests slow market share erosion Philip Morris . . . the share index is highest we can hear from people who are in for us in the years to come unless the situa- in the youngest group for all Marlboro and tion is corrected . . . Our strategy becomes Virginia Slims packings. wheelchairs who have lung transplants clear for our established brands: 1. Direct ad- Marlboro’s phenomenal growth rate in the like Pam Lafland, who I quoted a few vertising appeal to the younger smokers. past has been attributable in large part to days ago, who tells a story today of her June 4, 1998 CONGRESSIONAL RECORD — SENATE S5597 starting, as just that kind of peer they agreed to pay amounts of money, date. This is left largely for the States group pressure person who responded they agreed to curb advertising, they to be able to decide what works for to the notion, ‘‘Oh, boy. If I smoke a agreed to engage in cessation pro- them best and how they will organize cigarette, I am going to look older.’’ grams, and they agreed to raise the their efforts. We have simply tried to Today she looks a lot older. Today she price of cigarettes—all of the things outline those areas that by most expert is trying to take care of her kids out of that we are seeking to do here in this judgments there is the greatest chance a wheelchair. legislation. There is no excuse for a of really having an impact on children Mr. President, that is what this is all U.S. Senator coming to the floor and and making a difference in their lives. about. Let me read from a different suggesting that we shouldn’t do at a So those outlines have been laid out R.J. Reynolds Tobacco Co. marketing national level in the U.S. Senate what as a menu, if you will, from which one report on the future of Winston. This is the cigarette companies themselves could choose at the State level. It is 1990—15 years ago already of reports have agreed to do in settlements with not insignificant that the Governors, that we are looking at. the States—no excuse. The States both Republican and Democrat alike, themselves have arrived at settle- Winston, of course, faces one unique chal- have signed off on that concept. If they lenge . . . . It’s what we have been calling ments. If you extrapolate the amount are content that they can exercise the ‘doomsday scenario’. of money that they are paying in those their judgment adequately and that Get this, the ‘‘doomsday scenario.’’ settlements, it is more than the U.S. this gives them an opportunity to be . . . an acute deficiency of young adult Senate has agreed in its denial of a able to continue the things that they smokers, apparently implying Marlboro’s $1.50 increase and more than it has have started, I think that ought to sat- final domination and our utter demise with- agreed to raise in total in this legisla- in a generation.’’ tion. isfy the judgment of those who often The ‘‘doomsday scenario’’—that they So this is not a matter of economic make a career out of fending for the are not going to get enough young peo- survival for those companies. This is a right of States to make those decisions ple hooked on Marlboros, and down question of whether or not we are and a career out of opposing the Fed- they go. going to engage in an effort to reduce eral Government’s heavy hand into Here is a 1969 draft report from the the access of our young people to ciga- something. This bill specifically, I Philip Morris board of directors: rettes. That is what this is about. think, appeals to both of those best op- Smoking a cigarette for the beginner is a I have heard some people complain, tions. I hope my colleagues will recog- symbolic act . .. . ‘I am no longer my moth- ‘‘Well, you know, it is one thing to nize that upon close analysis. er’s child, I am tough, I am an adventurer, raise the money but we ought to do the Mr. President, I simply wanted to I’m not square’ . . . . As the force . . . right thing with the money.’’ Then refocus the Senate on the critical com- This is really. they start coming and diverting the ponent of what brings us here. I think * * * As the force from the psychological money to a whole lot of things that we have, hopefully, finally arrived at symbolism subsides, the pharmacological ef- have nothing to do with stopping kids an assessment that there is only one fect takes over to sustain the habit * ** from smoking. reason for raising the price of ciga- Mr. President, that is one of the most It is going to take more than just a rettes. That reason did not initiate remarkable admissions from a com- price increase to be successful in our itself in the Senate. It came from the pany that we have had in this entire goals. We need to guarantee that kids tobacco companies themselves, from debate. I want to rephrase it. who are particularly vulnerable—kids economists, from experts. It came from What they are saying is that after who have difficult situations at home health experts, and it came from many they have abused a young person’s sus- or kids who may leave school at 2 focus groups and analyses, all of which ceptibility to peer pressure, after they o’clock in the afternoon for whom have arrived at the conclusion that have exploited this young person’s there is no adult supervision between price is important. availability to get them into smoking, the hours of 2 o’clock and 6 or 7 in the they acknowledged in 1969 that once evening—are not going to be left to Now, I thought, frankly, that Adam the psychological symbolism is gone, it their own devices in order to go out in Smith and others had arrived at that is the pharmacological effect that sus- the streets and meet a drug dealer, or conclusion a long, long time ago. I tains the habit. In other words, they subject themselves to the various peer think most people in the marketplace are hooked. They are addicted. They pressures and wind up with smoking as have always known that most commod- got to have it. a new habit. ities are price sensitive, and the mar- Here is a Lorillard executive in 1978: Mr. President, we have the oppor- ketplace is price sensitive. Indeed, the ‘‘The base of our business is the high- tunity here to be able to make a dif- tobacco companies have underscored school student.’’ ference in the availability of kids to that in their own memoranda which Mr. President, there are pages and that kind of free time. We have the op- say they lost smokers as a result of pages of the thoughts of the cigarette portunity to be able to provide ces- their earlier price increases. What hap- companies regarding their availability sation programs, which have been prov- pened before will happen again. The to cigarettes, all of which are the most en to work. California, Arizona, my question is whether we are going to profound fundamental documentation own State of Massachusetts, have ex- maximize our effort in order to guaran- and for which the U.S. Senate must emplary programs which are reducing tee that kids get a lot more than just pass this legislation in the next days. the level of teenagers who are smoking, the price increase, that they get the There is no room for excuses in the and they do it through various kinds of kinds of guidance and the kinds of per- face of the cigarette companies’ own education—outreach, peer groups—dif- sonal counseling and the kinds of per- acknowledgments of what they have ferent kinds of educational efforts sonal education that will make a dif- done to target generation after genera- within the classrooms and within the ference in the peer pressure, symbolic tion of Americans in order to get them schools. But we need to train people in side of the choice that so many have hooked on a substance that is a drug, that. We need to train teenagers. You made. And this ultimately will benefit that is addictive and a killer substance need the adequate development of every single American. If we are going which winds up costing Americans in- teachers to be able to conduct that to talk about the cost, let us talk creasing amounts of money. costing kind of pedagogy with which they may about the cost to all of America of Americans increasing amounts of not be familiar. And you need to have smoking—the cost through all of our money. an adequate supply of materials. You hospitals, our pulmonary wards, Mr. President, we have that oppor- need to be able to help organize it ad- through emphysema, the length of ex- tunity here. We have the opportunity ministratively. traordinary care and its cost for those to do precisely what the cigarette com- I think this bill is structured in a who have terminal illnesses as a con- panies themselves have now agreed to way that tries to afford the maximum sequence of smoking and the con- do. They settled of their own accord opportunity to States and local com- sequences to all other Americans who with a number of different States. And munities to be able to decide how to do choose not to smoke but because of in their settlements with those States, that. This is not some big Federal man- secondary smoke. S5598 CONGRESSIONAL RECORD — SENATE June 4, 1998 Mr. President, I suggest the absence Texans that the tobacco companies one thing. But why do we have to keep of a quorum. have conspired to addict to nicotine the $700 billion? Why do we have to Mr. GRAMM addressed the Chair. are going to have taxes imposed on raise the level of Federal taxes on The PRESIDING OFFICER. Will the them under this bill. A blue-collar fam- Americans making less than $10,000 a Senator withhold? ily, a husband who is a truck driver year by 41.2 percent? If the objective is Mr. KERRY. No. and a wife who is a waitress, will end to make cigarettes more expensive and The PRESIDING OFFICER. The up paying $2,030 of new Federal taxes if discourage smoking, why do we have to clerk will call the roll. they smoke one pack of cigarettes each impoverish blue-collar America in the The bill clerk proceeded to call the a day. So we are damning the tobacco process? roll. companies but we are impoverishing What I am saying is, if we believe Mr. GRAMM. Mr. President, I ask the victims of the tobacco companies. that raising prices will discourage unanimous consent that the order for As my 85-year-old mother, who smoking, let’s raise prices. But let’s the quorum call be rescinded. speaks with the wisdom that comes take at least part of the money that The PRESIDING OFFICER. Without from being 85 years old, has said to me, comes to the Government, and instead objection, it is so ordered. ‘‘I’m a little bit confused; you tell me of paying tobacco farmers $21,000 an Mr. GRAMM. Mr. President, I ask that this guy Joe Camel makes me acre and letting them go on growing unanimous consent that we proceed smoke and that I am a victim, but you tobacco; instead of paying plaintiffs’ under the current status quo, that turn around and tax me.’’ attorneys $100,000 an hour for filing Members be recognized for the purpose Mr. KERRY. Will the Senator yield these suits; instead of setting up pro- of debate only, until 2:15. for a question? grams where every major Democratic The PRESIDING OFFICER (Mr. Mr. GRAMM. I listened to the Sen- contributor will have his charity or his SMITH of Oregon). Is there objection? ator speak for over an hour. All I want interest funded by this program, why Without objection, it is so ordered. to do is make my point, and when I get don’t we raise the price of cigarettes, Mr. GRAMM. Mr. President, I am not to the end of it, I will yield. discourage smoking, and take the going to give a long speech this after- So with the wisdom that comes from money and give tax cuts to blue-collar noon. We are working to develop a being 85 years of age, my mother, who America so we are discouraging them compromise to provide some cushion to has no formal education, has listened from smoking, but we are not pounding basically blue-collar Americans who to this debate. She has listened to this them into poverty? are going to bear the brunt of this mas- vilification of the tobacco industry— Maybe you can be self-righteous sive tax increase that is before the Sen- and justifiable vilification I might add. enough that you are not worried about ate. I am hoping that we can reach an Yet she has figured out that nobody is a blue-collar couple in Texas paying agreement, and that we will move for- taxing tobacco companies, they are $2,030 of additional Federal taxes if ward in an orderly way. Let me say to taxing her. She is the victim. The Gov- they smoke one pack of cigarettes a my colleagues that I am determined to ernment is here to help my mother. day. Maybe you are not worried about see that we do not allow the Senate to And how are we going to help her? Hav- what that is going to do to their abil- engage in one of the greatest bait-and- ing been addicted to smoking for 65 ity to pay their rent, to pay their gro- switch legislative activities in history. years, and despite her baby son’s ef- ceries, to have any chance of saving Our dear colleague from Massachu- forts for 55 of those 65 to get her to money to send their child to college. setts has in passionate terms indicted stop smoking she is addicted, and she But I am worried about it. I am not in the tobacco industry. If this is a trial is not going to quit smoking. She has any way made to feel better by damn- of the tobacco industry, I vote guilty. concluded that we are talking about ing the tobacco companies while writ- If this is a lynching, I say hang them. how bad tobacco companies are for ing a bill that protects them from pay- But I want to remind my colleagues of having gotten her addicted to smoking, ing this tax; a bill that mandates they one unhappy fact. And facts are stub- but we are taxing her. The cold, per- pass the tax through to the consumer, born things. The cold reality of the bill sistent, unhappy fact is that 59.1 per- which basically is blue-collar America. we have before us, all 753 pages of it, is cent of these taxes will be paid by I have an amendment that is very that we can damn the tobacco compa- working blue-collar Americans who simple. It says: Raise the price of ciga- nies all we want, and I join in that cho- make less than $30,000 a year; 75 per- rettes, discourage smoking, but instead rus. As to where conspiracies have been cent of the taxes will be paid by people of letting the Government have this committed, we have a Justice Depart- and families that make less than money, what one office seeker in my ment which is largely unemployed in $50,000 a year. State has called ‘‘winning the lottery’’, any other activity, let them inves- If this is not a classic case of bait and instead of setting up a program that tigate and prosecute. But I want to be switch, I never heard one. All of the gives not thousands, not millions, but sure everybody understands that no- rhetoric is about keeping teenagers untold billions to everything from body is talking about penalizing the to- from smoking. I would love to do that. community action to international bacco companies. I would like to get people who are not smoking cessation—it is obvious that What we hear day after day after day teenagers to also stop smoking. I would people long since ran out of ideas as to is a steady drumbeat of denouncing the love to do that. But why we have to how to spend the money—instead of en- tobacco companies while we have 753 give $700 billion to the Government to gaging in this feeding frenzy, which pages in this bill that raise taxes on do that, I don’t understand. I am strug- will bloat Government forever, why blue-collar America. In fact, we have a gling, opposing this organized effort don’t we take some of the money and bill before us that not only does not and all of these people who are outside give it back to moderate-income peo- tax tobacco companies but has the ex- with their buttons on saying ‘‘Give me ple. So we raise the price of cigarettes, traordinary provision that makes it il- your money.’’ we discourage them from smoking, but legal for them not to pass the tax Secretary Shalala has said that the we don’t impoverish them? through to the consumer. So tobacco price increases will reduce smoking by I have picked probably the worst fea- companies are held harmless. 50 percent among teenagers. This bill ture of the current Tax Code to try to What we have here is a giant bait and sets a target of reducing smoking by 60 fix as a part of this process. What I switch. The bait is tobacco companies. percent, so they are going to take $700 have done is targeted a part of the Tax Try them. Convict them. Hang them. billion and all they claim they are Code where it is the policy of the Fed- But the switch is to impose $700 billion going to be able to do with it is reduce eral Government to discourage people of taxes primarily on blue-collar Amer- smoking another 10 percent. Though it who fall in love from getting married. icans; 59.1 percent of this tax will be is interesting, when USA Today asked I happen to believe the family is the paid for by Americans who make less the American people in a poll if they strongest institution for human happi- than $30,000 a year. In my State, 3.1 believed this bill would stop people ness and progress that has ever been million people smoke. As you listen to from smoking, 70 percent said no. developed. I don’t understand a tax pol- all of this ringing debate, we are talk- Here is my point: If we want to raise icy that says if you have a waitress and ing about these victims. The 3.1 million taxes to discourage smoking, that is a truck driver who meet and fall in June 4, 1998 CONGRESSIONAL RECORD — SENATE S5599 love and get married, we are going to In any case, the point that I want to rettes but we don’t impoverish blue- make them pay more taxes for being reiterate, because it gets lost in this collar America by making it fund the married than if they were single or whole process, is a simple point: Every- largest growth in Government that we lived in sin. Or if a CPA and a lawyer, thing that is being said about the to- have seen since the mid-1960s. working all the way up and down the bacco companies I agree with. If we are I hope my colleagues will support income structure, fall in love, get mar- here to indict them, they are indicted. this amendment. One way or the other, ried and have a whole bunch of children If we are here to convict them, they I hope to see it adopted. I want to get who can pay Social Security taxes in are convicted. If we are here to hang a vote on it. I want America to know the future and solve America’s prob- them, let the hanging begin. But de- who is for it and who is against it. That lems in the future, we tax them an av- spite all that rhetoric, which is inter- is the essence of democracy—account- erage of $1,400 a couple because they esting and appealing and it makes us ability. I think this is an issue on got married. As my colleagues have feel good, in the end, 59.1 percent of which we need some accountability. heard me say on many occasions, my this tax is being paid by American Quite frankly, I think my amend- wife is worth $1,400, and I would be blue-collar workers who make less ment improves this bill. We ought to be willing to pay it, but I think she ought than $30,000 a year. giving about 75 or 80 percent of the to get the money and not the Govern- The tobacco companies, on the other money back in tax cuts. We need to ment. hand, have a provision that even if one have an effective but reasonable pro- So what my amendment does is take tobacco company should say, ‘‘Well, I gram for antismoking, and we need to roughly a third of this money in the could get a market advantage by not throw out about 745 pages of this 753- first 5 years, and then half of it in the passing this through,’’ they have legal page bill so that it is really about second 5 years, letting them spend two- protection that makes them pass it smoking and not about the largest thirds of this money, more money than through to be sure the blue-collar money grab that has occurred in Con- you would possibly spend efficiently if worker gets all of the tax burden and gress in my period of service. your life depended on it. People who that none of it is absorbed by the to- This amendment is a first step in the would have been happy with thousands bacco companies. right direction. I hope it is not the last now will be given billions. Tobacco All I am trying to do is say this: step. I understand there are others who farmers will, in 6 months, take a quota Don’t get blue-collar Americans, who are going to be offering provisions re- for growing tobacco they could buy are the victims of the effort by tobacco lated to tax breaks for health care and today for $3,500, and we are going to companies to get people to start smok- other items, but this is a logical place pay them over $21,000 for it in this bill. ing, confused with tobacco companies. to start, and it is where I want to start. Mr. President, I yield the floor. I personally don’t know why these If you want to impose taxes on tobacco Mr. KERRY addressed the Chair. quota prices have not exploded, given companies, have at it. If you want to The PRESIDING OFFICER. The Sen- this bill is out there. Maybe they fig- drive them out of business, have at it. ator from Massachusetts. ured out this bill is not necessarily But you are not going to do that, be- Mr. KERRY. Mr. President, I was en- going to become law. Rather than do cause basically there is a rule that tertained listening to my friend from all of those things, I am saying, let’s every parasite learns. If the organism Texas, who makes some pretty broad raise the price of cigarettes so we try is to survive, you don’t kill the crea- statements about who is for what and to discourage people from smoking— ture on which you engage in the para- who supports what. I think I heard him which is God’s work; I am for that site activity. You bleed the host crea- just say Democrats don’t really want —but take a third of the money and in- ture, but not to the last drop of blood. to give the money back but the Repub- stead of letting Government spend it, My view is, I care nothing about the licans do. Maybe he wishes that were let’s eliminate this marriage penalty tobacco companies and, if you want to the fact, and sometimes the wish is the for couples who make less than $50,000 destroy them, have at it. But I do care father to the fact, but not in this case. a year so that while the price of ciga- about 3.1 million Texans who smoke. As far as I know, Democrats are rettes goes up, we don’t impoverish Many of them would like to stop. My wholeheartedly in favor of a fairness people. mother would like to quit smoking, but that has escaped every single proposal That is basically what my amend- she is not going to quit smoking. that the Senator from Texas has ever ment does. I hope my colleagues are All I am saying is, don’t get tobacco brought to the floor with respect to going to support it. Our Democrat col- companies and workers confused. And I taxes. There isn’t one tax proposal that leagues do not really want to give this am talking about taxpayers. If the has passed the U.S. Senate in the 14 money back. They don’t like giving price increase, according to Secretary years I have been here that wasn’t pro- money back. They like spending it. Shalala, is going to cut consumption posed on the Republican side of the And they think anybody who works is by 50 percent and the target of this bill aisle that wasn’t made fairer by the ef- rich and they ought to be giving more is to cut consumption by 60 percent, forts of Democrats on this side of the than they are giving. then this $700 billion is getting you 10 aisle. There isn’t one tax proposal that But their idea is: Take my amend- percent more, supposedly. I just don’t the Senator from Texas and others ment and water it down to almost see how you can spend that much have brought to the floor—not one— nothing, and then get all their people money. that wasn’t geared to the upper-income to vote against my amendment. Then If you look at what is being done, it level of people in this country, and usu- get them to come back and vote for is clear that much of what is being ally at the expense of the low-income their figleaf, amendment. Then they funded in this bill has nothing to do level of people. can all go home and say, ‘‘Repeal the with smoking. For example, we man- My friend from Texas may wish it marriage penalty? I was for repealing date that the States spend the money were otherwise, but the fact is that the the marriage penalty; it is just I didn’t we give back to them on maternal and distinction is not whether or not we want to do it the way that Republicans child care block grants, on funding want to give money back, the distinc- wanted to do it. But I am with the fam- child care, on federally-funded child tion is whom we want to give it back ily. I’m with the blue-collar worker. I welfare, on the Department of Edu- to and whom they want to give it to in represent the blue-collar worker.’’ cation Dwight D. Eisenhower Profes- the first place. I am hopeful we can reach an agree- sional Development Program under Every single tax bill I have ever seen ment that will guarantee that I will title II of the Elementary and Second- worked on here, whether it was the get 51 votes for my amendment. If any- ary Act, and it goes on and on and on capital gains distribution, or how it body wants to watch the debate, once and on, because nobody has ever had came in, or the depreciation allow- it goes over 51 votes, I predict that at this much money before to spend. ances, or just on the income tax, or on least 20 or 25 percent of our colleagues Actually, this is a modest proposal. efforts to roll back some of the impact who have not voted for it will imme- What I am saying is, give a third of of the payroll tax—in every single in- diately rush and vote for it once it is what we take in cigarette taxes back stance, we, I think, have been able to adopted. We might watch that at the to blue-collar workers so we get the improve the distribution. Let me give a conclusion of this vote. benefits of the higher price of ciga- classic example. S5600 CONGRESSIONAL RECORD — SENATE June 4, 1998 In the agreement we reached last penalty, yes, it is about one-third in counteradvertising to stop kids from year, with much ballyhoo, on the budg- the first year—in the first 5 years. But smoking. et, which brought us to the point of a in the second 5 years, it jumps up to $82 So we can go home and feel good be- balanced budget and on the available billion, which is 53 percent; in the next cause we took the tobacco bill, which money for individuals earning $40,000 5 years, because we are talking about a is geared to try to stop kids from or less, under the proposal that the bill that works over 25 years—they are smoking, for which the Senator has Senator from Texas supported and our always coming to the floor and telling agreed the price increase is targeted, friends on the other side of the aisle you it is a $700 billion bill or a $600 bil- and you turn out passing the marriage supported, a single-parent mother lion bill or a $500 billion bill, so when penalty. If you take too much of it, would have gotten zero income back, it is convenient for them, they talk you begin to strip away at the ability zero tax rebate, at $40,000 or less of in- about the numbers in the context of 25 to accomplish the purpose of the bill. come. And it was only when we refused years; but when it is inconvenient for I am prepared, as I know other Demo- to pass that legislation without chang- them and it tells another side of the crats are, to vote for a legitimate ing it that she got something. In the story, they try to limit it to just 5 amount of money so that we can parcel end, we passed legislation which pro- years. Let us put it in the same con- the appropriate proportion of these vided that single parent with an in- text as the 25 years they are talking revenues to the job of reducing the come of $40,000 with $1,000 of tax bene- about. number of kids who smoke. But I think fit rebate. In that 25-year context, Mr. Presi- there is a place where common sense The distinction here is who gets dent, here is the effect: The first 5 says you have to stop if it goes too far what, and that will be the distinction years, it is the one-third the Senator in stripping us from the fundamental in an alternative we will offer, if we talked about. In the next 5 years, it is purpose of this bill itself. have to, with respect to the marriage 53 percent. Wow. In the third 5 years, it I also point out that there are other penalty, because we understand, just as is 80 percent of the amount of money areas that will want to compete for well as the Senator from Texas, that available under this legislation. And in some of this funding. I think it is im- the marriage penalty is unfair, the the last two sets of 5 years, it is 77 per- portant for Senators to think about the marriage penalty is an aberration in cent and 73 percent. overall amount of money that would be the context of the Tax Code, and has a So the Senator is really talking available for those purposes. negative impact on an institution that about gutting—gutting—the effort to The final comment I make is the we respect equally with the Republican stop kids from smoking. And every Senator from Texas spent a lot of time Party. time he comes to the floor he talks saying how this bill is misdirected. He So we will offer, I think, in fact a about all the things this bill does that is crying for the poor people who are fairer and better structuring of an is Government. Well, by gosh, a ces- going to pay for an additional cost of a elimination of the marriage penalty, sation program involves somebody or- pack of cigarettes. He says how mis- and we will give the Senate another op- ganizing people to help people not to directed this bill is because it comes portunity to vote on fairness. You can smoke. And since schools are where down on the victims, and not on the to- vote for Senator GRAMM’s proposal, most of our children reside for the bet- bacco companies. But then he says he which will benefit not as many people ter part of a day or a good part of a is willing to raise the price. at a lower income level as ours; and we day, and the better part of a year, it You cannot have it both ways, Mr. will let others be the judge as to makes sense to involve our schools in President. You just cannot have it both whether ours is, in fact, a fig leaf or cessation programs. To do that, you ways. There is no way to focus a tax on yet another Democrat effort to make have to spend a little money and orga- the tobacco companies, whatever you the Tax Code fairer and to protect peo- nize it. call it. I heard him the other day call ple in the institution of marriage. I State block grants—that has been it a ‘‘windfall profits tax.’’ No matter know where my vote will go. I know something that I always thought the what you call it, if you tax them, you what I will be comfortable with based Republicans were for; they want block tell me a company in the United States on that judgment. grants. They want to give the money to of America which winds up with addi- So, Mr. President, the real issue here the Governors. ‘‘Let the States have a tional costs of manufacturing a prod- is, What is the distribution? The Sen- decision as to what they want to do.’’ uct that does not, unless they just eat ator from Texas stood there and said, As to education and prevention, smok- them—and nobody expects the tobacco ‘‘All I want is one-third, just one-third. ing prevention, counteradvertising, companies to do that—that does not And then they’ll have plenty of money those are important aspects. Enforce- pass it off in the cost of doing business. to spend on all the other programs that ment, there is $500 to $600 million a The cost of the product will rise. they want.’’ Well, analyze that and you year for enforcement. But by doing this in the way that find that is not true either. Because We hear people coming to the floor this bill seeks to do it, by setting a fee the Senator from Texas cannot control and saying in one breath, they do not that is levied at the level of manufac- what other amendment may come that want to have this bill passed because it turing, you actually have a far more ef- may try to grab additional revenue. will increase smuggling; in the next fective way of constraining the smug- So the first grab may be the mar- breath they do not want to acknowl- gling of, of creating accountability in riage penalty, but then you may have— edge the very Government they are the system; and ultimately you wind you will have an additional amount of criticizing that is spending money for up doing the very same thing that money for drugs; you will have an addi- antismuggling enforcement efforts. would happen under any other cir- tional amount of money here or there; So, Mr. President, it seems to me cumstances, which is the tobacco com- and unless the Senator from Texas is that on close analysis we will be able panies are going to pass it on to the prepared to say he and his colleagues to make a strong judgment as to consumer. will stop trying to raid the effort to whether or not there is a fairness in In the end, there is a benefit from stop children from smoking, we would the marriage penalty approach of the raising the price. The benefit out- be hard pressed to say that it is only Senator from Texas, or whether it is weighs whatever crocodile tears we are one-third of the money. just an effort to try to kill this bill. hearing shed for those who are going to But there is another reason that one I am for getting rid of the marriage pay the additional cost of the ciga- is hard pressed to say that it is only penalty, and I will vote to find a way rette. First of all, it is voluntary. No- one-third of the money. Because, once to do that. But it makes sense, it body forces them. They buy it. Sec- again, the Senator from Texas has only seems to me, to recognize that even if ondly, it is a smaller amount in total told you part of the story. Here is the we pass getting rid of the marriage than the amount that people are pay- part of the story the Senator from penalty on this bill, that is not going ing anyway. Then the costs to our soci- Texas did not want to tell you. It is to stop one kid from smoking; that is ety as a whole, which will be reduced right here. The one-third of the dis- not going to do one thing for additional by accomplishing what the cigarette tribution of the Senator’s money on his research into why people get addicted; companies themselves have said will approach to dealing with the marriage it is not going to do one thing for occur, which is if you raise the price, June 4, 1998 CONGRESSIONAL RECORD — SENATE S5601 you will reduce the number of kids who 2 months leading up to the Tiananmen state guesthouse. By then the order to ‘‘go are smoking, you will ultimately re- Square massacre and the events that ahead at any cost’’ and to shoot at anyone duce the numbers of people who are ad- night. I have taken only a few excerpts obstructing the soldiers’ path had been from that, but I think it will help us to given. Before soldiers had even arrived at the dicted and you will significantly re- giant barricade constructed out of articu- duce the costs overall. put into perspective the sacrifices that lated city buses, large earthmoving trucks, So America has a choice. You can re- were made, the tragedy that occurred, commandeered minivans, and tons of urban duce the costs, reduce the number of and I think the tragedy of American detritus, the first wounded were being rushed kids who are addicted, reduce the num- foreign policy which today ignores that on bicycle carts to hospitals. As troops ap- ber of our fellow Americans who die, it was, in fact, Jiang Zemin, mayor of proached the bridge, someone torched the reduce the overall costs to our hos- Shanghai at the time, who said that fuel tank of a bus, turning the barricade into a raging wall of fire. The column had no pitals and ultimately wind up with a there should not be one ounce of for- giveness shown to those student pro- choice but to halt. With Gallic flair, Pierre better and healthier society as a con- Hurel, a French journalist writing for Paris sequence of that, or you can take the testers who dared raise the voice of dis- Match, described the scene: alternative route, which is the only al- sent, who dared to speak for freedom ‘‘In front of the flaming barricade, facing ternative to what the Senator is say- and democracy in China. So I will read the soldiers alone, four students with their ing, and vote to leave it the way it is from ‘‘Mandate of Heaven: The Legacy feet planted wide apart make the heavy air and let the tobacco companies continue of Tiananmen Square’’: snap with the sound of the waving scarlet Although a palpable sense of foreboding banners. In an unbelievable gesture of defi- to addict the next generation without hung over the Square, few could bring them- ance, they are naked martyrs before a sea of making a legitimate effort. I think the selves to believe that the People’s Liberation soldiers in brown combat helmets and tense case ought to be very, very clear. Army might actually harm ‘‘the people.’’ with anger. The silk of their university ban- COSPONSORSHIP OF AMENDMENT NO. 2446 Not even under the vindictive Gang of Four ners gleams in the fire’s light, and behind Mr. CONRAD. Mr. President, on had troops opened fire with tens of thou- them a crowd, waiting for the worst, ap- sands of demonstrators had spontaneously plauds. it is 11:30 p.m. and for the first time Tuesday, June 2, during Senate consid- occupied the Square to mourn the death of tonight, the soldiers have had to pull back.’’ eration of the McCain-Kerry and others Zhou Enlai in 1976. So many ominous-sound- As the convey began pushing forward again amendment No. 2446, I was added as a ing government threats had come to naught a short while later, a noise resembling the cosponsor of that amendment, how- since April 15 that most ordinary Chinese sound of popcorn popping was suddenly heard ever, the RECORD of June 2 does not re- were now inclined to view this latest salvo of over the dim of the crowd. Out of the smoky flect my cosponsorship. warnings as more overinflated rhetoric. The darkness, troops armed with AK–47s charged I, therefore, ask unanimous consent triumphs, symbolic and otherwise, of the the barricades, shooting as they advanced. preceding weeks had given many, especially ‘‘Soldiers were shooting indiscriminately; that the permanent RECORD be cor- protesters, an exaggerated sense of their own there were bullets flying everywhere; dead rected to reflect my cosponsorship of invincibility. bodies and injured people were lying in the Senate amendment No. 2446. But there were some Chinese who under- streets,’’ reported one anonymous foreign In addition, I now ask unanimous stood that when threatened, the Party would journalist cited in a subsequent Amnesty consent my cosponsorship of Senate ultimately stop at nothing to preserve its International report. ‘‘Crowds of residents amendment No. 2446 appear in the grip on power. They understood the old from the neighboring lanes had left their houses and stood unprotected in the streets. RECORD at the appropriate place. adage ‘‘When scholars confront soldiers, it is They did not try to hide because they did not The PRESIDING OFFICER. without impossible to speak with reason.’’ Most of these pessimists were from the older genera- seem to realize what was going on. They objection, it is so ordered. tion of educated Chinese who had learned were in a state of shock and disbelief.’’ Mr. CONRAD. I suggest the absence through bitter experience that the Party All along the Avenue of Eternal Peace, of a quorum. rarely allowed such challenges to go equally ferocious battles broke out as citi- The PRESIDING OFFICER. The unconfronted. ‘‘The Day the Soldiers Enter zens stood their ground with an almost reli- clerk will call the roll. the City, Then the Blood of the People will gious fanaticism before advancing troops. The legislative clerk proceeded to Flow,’’ declared one banner ... Bystanders who ran into surrounding alley- call the roll. Around dusk the Flying Tigers began ways for safety were chased down and sprayed with automatic-weapons fire. Those Mr. HUTCHINSON. Mr. President, I bringing back reports that soldiers equipped with automatic weapons and backed up by who tried to rescue the wounded were shot in ask unanimous consent that the order armored vehicles were moving toward the cold blood. The slaughter was so merciless for the quorum call be rescinded. city center from several directions at once. that rumors began circulating that the sol- The PRESIDING OFFICER (Mr. In response, the strengthening of barricades diers had been administered some kind of HAGEL). Without objection, it is so or- reached fever pitch. By the time the first drug as a stimulant. dered. troops neared key intersections on the city’s By 1 a.m. soldiers had neared the intersec- Mr. HUTCHINSON. Mr. President, I outskirts, an estimated 2 million people were tion where Xidan crosses the Avenue of Eter- nal Peace and began lobbying tear-gas can- ask unanimous consent to speak as in again in the streets. At first, these citizens’ brigades continued to rely on the same de- isters into the crowds. Moments later several morning business. fensive techniques that they had used two buses serving as barricades burst into The PRESIDING OFFICER. Without weeks earlier, and by dark, many unarmed flames. Then another order to fire was given. objection, it is so ordered. units were again bottled up around the ‘‘Several lines of students and residents in- f city . . . stantly fell,’’ claimed one BASF eyewitness. By 10 p.m. the assault from the west was in ‘‘Dozens were killed, and several hundred NINTH ANNIVERSARY OF THE full swing. As several infantry and armored were wounded.’’ TIANANMEN SQUARE MASSACRE divisions pushed toward the Military Mu- Yang Jianli, a Ph.D. candidate in mathe- seum, they soon found their way blocked by matics from the University of California at Mr. HUTCHINSON. Mr. President, Berkeley who was back in China on a visit, today represents the ninth anniversary a wall of angry citizens and Dare-to-Die squads of workers pledged to defend the stu- watched in horror as these shock troops ad- of the Tiananmen Square massacre. dents and the Square until death. The jug- vanced, firing their automatic weapons as if This is the day that commemorates the gernaut of military vehicles ground to a they were assaulting a heavily armed enemy culmination of the crackdown—very halt, allowing government propaganda to position. ‘‘Tanks and truckloads of soldiers bloody crackdown—that occurred 9 cite these instances of hesitation as evidence armed with machine guns were rolling in, years ago in Beijing, China. that the army had exercised a ‘‘high degree one after another, toward the Square,’’ he re- I think it would be wrong for us not of restraint’’ while entering the city. Such membered. ‘‘At the intersection we heard ‘‘restraint’’ did not last long. perhaps a thousand people shouting, ‘Down to take note of that on the floor of the The next volley of gunfire was aimed over with Fascism!’ . . . [Then] flashes spouted U.S. Senate. I think it is incumbent the heads of the resisters. The crowd refused from the muzzles of soldiers’ rifles. We ran upon all of us, as freedom-loving Amer- to disperse. Finally, an officer in a jeep was back a bit and threw ourselves on the pave- icans, to not forget the lessons that we reported to have yelled out through a mega- ment. ‘Did they really fire?’ I asked H. ‘I continue to learn from China. phone, ‘‘Charge, you bunch of cowards! still can’t believe it!’ Some people continued I would like to, in the next few min- Sweep away this trash!’’ A volley of concus- to stand up, saying nonchalantly, ‘Don’t be utes, read an excerpt from a book enti- sion grenades was lobbed into the crowd. frightened, they’re only using rubber bul- lets.’ But before they had finished speaking I tled ‘‘Mandate of Heaven: The Legacy Only when steel-helmeted soldiers carrying truncheons and riot shields were ordered to heard someone scream, ‘Look out! There’s a of Tiananmen Square,’’ by Orville charge did those resisting give way. cart coming through!’ Two men with gunshot Schell. This book recounts, among It was around 11 p.m. before advancing wounds were being carried away. . . . Sud- other things, what occurred during the troops approached Muxidi Bridge near the denly, there was more gunfire, and we S5602 CONGRESSIONAL RECORD — SENATE June 4, 1998 dropped to the ground again, my heart jump- could supervise the Communist party. Li was Square and don’t talk about the mas- ing from sheer fright.’’ not only promptly expelled but arrested, la- sacre, we must not forget that these ‘‘His blue T-shirt was soaked with blood, beled a ‘‘chief instigator of an anti-party are not American values: these are uni- and his eyes were blood-red,’’ recalled Yang conspiracy,’’ accused of counterrevolution- versal human values and human rights. of one outraged citizen. . . . ary propaganda and incitement,’’ and sen- ‘‘Troops have been firing indiscriminately tenced to 2 years in prison. For us to sacrifice what this Nation and still people would not move back,’’ BBC has always stood for on the altar of I just think of how many Members of free trade, on the altar of commercial News Chief Correspondent Kate Adie re- the Senate and how many Members of ported in a television broadcast after visit- and corporate profits is unconscion- ing both the western and eastern reaches of the Congress would be incarcerated if able. the Avenue of Eternal Peace. ‘‘Indeed, it was that were the standard. This one who Jiang Zemin was quoted on the front hard at the time to grasp that this army was dared to lift a voice to say we ought to page of the People’s Daily 3 weeks after launching into an unarmed civilian popu- have free elections and called the auto- the massacre. This is what he said. He lation as if charging into battle. . . . There crats ‘‘wild and savage″ served 2 years. was mayor of Shanghai at the time, was not one voice on the streets that did not Schell continues to write: express despair and rage. ‘Tell the world!’ not President of China. But this is On the second anniversary of the massacre, what he said: they said to us.’’ a young woman dressed in funeral white ap- Toward these cruel enemies— Since that 1989 tragedy and this fa- peared in front of the Monument to observe mous photo of a lone student who stood a moment of silence. ‘‘I came to remember,’’ That is that young man standing in defiantly in front of the line of tanks, she told a South China Morning Post cor- front of the tanks— there has been every June 4th efforts respondent before drifting away just as sus- there must not be even one percent of for- within China, efforts there at picious undercover agents began to close in. giveness. If we go easy on them, we shall commit an error of historic proportions. Tiananmen, to remind the world of the Incidentally, white being the sym- tragedy that occurred, of those brutal, bolic color of mourning in China, we That is the man whom the President visible oppressions, and forcibly remov- have chosen the white color, white rib- is going to meet and greet in Beijing in ing a voice of freedom that the world bons to commemorate in mourning a few short weeks, the one who said that toward these cruel enemies we has known in generations. those who lost their lives at I continue from Schell’s book as he Tiananmen Square. So that is what dare not show even one percent of for- recounts some of the symbolic gestures happened on the second anniversary. giveness. And they didn’t, true to his that have been made since that origi- And then Schell writes: word. Nine years later, Jiang is President nal June 4th, 1989. In 1992, on the third anniversary of the of China and the students whom he He writes: massacre, a young worker named Wang called the cruel enemies, many remain ‘‘Like an uninterred body, June 4th Wanxing appeared not far from where a new sign warned visitors that it was illegal to lay imprisoned, those who survived. And continued to cry out for an appropriate memorial wreaths in front of the Monument Jiang, true to his word, showed not 1 and respectable barrier.’’ without prior approval. After unfurling a percent of forgiveness. He has never There are those, if I might just add, banner calling on Deng to apologize for the apologized. He has never acknowledged who would like to say we are in a post- crackdown following the protest, he was the cruel, inhumane, and barbaric re- Tiananmen era but somehow that seized, dragged away and committed to a sponse of the Government at chapter has been closed. The fact is the mental hospital. In a letter to U.N. Sec- Tiananmen Square. The Chinese Gov- Communist Chinese government in retary General Boutros Boutros-Ghali smug- ernment has never investigated, they China does not allow that chapter to be gled out of China a month later Wang as- have never even investigated this trag- closed. So Schell refers to it as an serted that not only was he being held against his will in Shanghai’s Ankang Psy- ic incident; they have only defended uninterred body which continued to chiatric Hospital for the criminally insane, the crackdown and the killing of hun- cry out for appropriate and respectable but he was being forced to take psychotropic dreds of students as an appropriate re- barrier. drugs. sponse to peaceful dissent. The yearning that many continued to feel Computer hackers were also busy that So this man, Jiang Zemin will be the for some sort of commemoration could never spring waging electronic warfare by intro- leader greeting our President, this man ducing rogue viruses into software programs be fulfilled by parades or crimson stars fash- who declared not 1 percent of forgive- ioned out of potted flowers. But since the used on government computers. One such government stubbornly refused to acknowl- virus caused the words ‘‘Remember June 4’’ ness. And more recently, lest you think edge the tragic significance of what had hap- to appear on display terminals while another he may have changed his mind and pened, much less allow for a ceremony at flashed the slogan ‘‘Bloody June 4’’ as soon changed his attitude and lest we are which those who had died could be properly as computers at certain state enterprises under the misimpression that suddenly remembered, the Square remained charged were booted up. the Government of China has grown with unresolved energy and, like a lodestone, Despite increased campus surveillance, on compassionate and that, in the words kept drawing defiant demonstrators back May 28, 1991, [university] students managed of President Clinton, they now are be- to hang cloth streamers out of two dorm into its embrace to engage in solitary acts of coming a thriving democracy—lest we guerrilla mourning. windows declaring ‘‘We Will Never Forget Such observances were, or course, politi- June 4.’’ Leaflets recalling the events of 1989 think that, President Jiang, when cally suicidal. As soon as anyone began such also appeared in the student canteen. asked by Barbara Walters how he a ritual protest, plainclothes policemen ma- An excerpt from the leaflets said looked back on the events of 1989, re- terialized as if out of nowhere. Within mo- this: plied, ‘‘It’s much ado about nothing.’’ ments the offenders were surrounded, seized, So on this anniversary of the Those were days that woke the heart and and dragged away. Only on those rare occa- Tiananmen massacre, we all need to re- moved the spirit. Then the hue and cry be- sions when foreign journalists had been came the sound of suffocation in a pool of mind the world we will not forget and alerted in advance or happened to be at the blood. we will not allow the courageous sac- Square for other reasons were such fleeting There are those who would say that rifice of those hundreds of students at moments of defiance recorded. But then, like Tiananmen Square to be demeaned, to shooting stars in the night sky, these usu- to call the world’s attention to the ally nameless protesters would disappear. tragedy of Tiananmen Square in 1989 is be disrespected and to be devalued. The Washington Post, in an editorial empty moralizing on the part of self- He writes: today entitled ‘‘China: Two Views,’’ righteous Americans who want to im- On the first anniversary of June 4, a lone speaks of a view that I would share: figure had walked up to the Monument and pose our views of freedom and liberty A strikingly different view from inside nervously fumbled to display a handmade upon the rest of the world and other China, from someone with pretty fair creden- banner; moments later he was seized and cultures. May I say to those who would tials to judge China’s practices, Bao Tong, taken away. That night [at the university], a argue such that liberty and freedom 65, was Chief of Staff of China’s premier and young economics student named Li Minqui, are not American values, that it is not Communist Party chief until he was jailed in who had been active in the outlawed BASF, empty moralizing to point to a young 1989. tried to mark the anniversary by addressing a spontaneous midnight rally on campus Chinese student who defied the sym- Why was he jailed, by the way? He where he indignantly referred to China’s cur- bols of oppression and onrushing tanks. was jailed: rent leaders as ‘‘wild and savage autocrats’’ And I would say to those who would Because he opposed the crackdown against and called for an elective Government that say don’t talk about Tiananmen protesting students in Tiananmen Square. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5603 Mr. Bao spent 7 years in prison, three of communications with China. But we been set. But I ask that the President them incommunicado, showing that China are saying, under the current cloud and sign those and, in so doing, express sin- has a ways to go when it comes to rule of with all of the questions about the web cerity in wanting to decry the human law. He now lives under house arrest but re- of interrelationships between the Chi- rights abuses that are going on. cently gave an interview to the Post’s Ste- Let me just conclude. In a Washing- ven Mufson and John Pomfret. nese Government, the American ad- Mr. Bao challenged the notion that eco- ministration, and corporate America ton Post article, not an editorial but a nomic strength, in the absence of real de- and multinational corporations—delay news article today on the Tiananmen mocratization, inevitably will make China this trip. anniversary, the article, a Michael more benign. Then second, Mr. President, if you Laris report, concludes: By the way, let me repeat what he must go, if you must go ahead with . . . China has not yet turned irrevocably challenged, because it is the very the- this planned trip, then I plead with you toward a liberal political approach. [That’s sis espoused by those who say con- to express the desire of millions of an understatement.] It maintains a massive structive engagement is going to bring Americans by not going and not being state security apparatus, which monitors the about change in China. This is the very received at Tiananmen. As this young private affairs of anybody it deems a threat man took his stand as a symbol of free- to the Communist Party’s monopoly on po- theory espoused by those who say, ‘‘We litical power. The jails hold more than 2,000 will just trade sufficiently, we will in- dom against the symbols of oppression, political prisoners, including 150 or so ar- crease trade and do enough increased I ask our President, take one small rested after the Tiananmen Square protests. commerce with China, and everything stand by not going to Tiananmen Among the 200,000 other people in labor will be better.’’ So he challenged the Square; not being received, simply say- camps, at least some are political offenders. notion that economic strength in the ing: Mr. Jiang Zemin, I will not be re- [I assume yesterday] Early this evening at absence of real democratization inevi- ceived where these students were slain. the Beijing University bulletin board, which I will not show disrespect and disdain was a center of protest information in 1989, a tably will lead China to be more be- woman read announcements of lectures on nign. for the sacrifice that they made by the environment and the Asian financial cri- China ‘‘has already gone mad twice in the being received at a State visit on that sis. ‘‘Many of my friends think those stu- last 40 years,’’ he said, referring to the cul- location. To be received there is to de- dents were foolish,’’ she [this student] said. tural revolution and the Tiananmen mas- mean and devalue the stand those stu- ‘‘I think they were very brave. I wish more sacre. ‘‘You have to ask yourself a question. dents took. people now had that much passion. Some What will it do on the international scene? Is Third, I plead with you, Mr. Presi- people now have the same passion, but they it a source of stability or a potential source dent, that if you insist on going to know not to express it in the same way.’’ of instability? When it doesn’t have enough China, that you should insist on meet- For those who believe it is all better power, its attitude will be restrained. But now in China, listen to the words of once it develops and becomes strong, what ing with the families of those cham- kind of role is it going to play without a pions of democracy who were either this student who says the students in complete structural change?’’ slain or remain in prison. I ask that as China today have learned, passion for That is the question I would pose. our President goes, and if he goes, that freedom they may have, but if they For all of the advocates of the current he should forcefully denounce the re- cherish being free, if they cherish the administration’s policy, I would pose pression and the human rights abuses right to be a student, if they don’t this question raised by this very ongoing in China; if he goes to want to be incarcerated, they better knowledgeable individual, Mr. Bao, Tiananmen Square that his message not express it as these students did 9 who himself has spent 7 years incarcer- should be this: Never again. And in the years ago today. So to all freedom-loving Americans— ated. The question he poses: Once spirit of Ronald Reagan at the Berlin not as Republicans and not as Demo- China develops, opens, and becomes Wall, let him say, ‘‘This is wrong. crats—but to all freedom-loving Ameri- strong, what kind of role is it going to Never should it happen again.’’ I ask cans, we say to those Chinese who love play without a complete structural that in China he visit with house freedom as well: We will not forget change? church leaders, those who, because of What he means by ‘‘complete struc- their conscience and because of their what happened June 4, 1989. Mr. President, I yield the floor. tural change’’ is democratization. It is religious convictions, have not reg- istered with the Communist Chinese Mr. GRAMS addressed the Chair. his argument that economic develop- The PRESIDING OFFICER (Mr. ment in China, the embrace of free Government and, because they have HAGEL). The Senator from Minnesota. markets, and the embrace of market not registered, because they have not signed up and received official sanction Mr. GRAMS. Mr. President, I inquire capitalism will not be sufficient to what is the pending business before the make them benign, to make them a by the Government, stand in harm’s way, stand in jeopardy of losing their Senate? partner in world peace, and that that The PRESIDING OFFICER. The Sen- will not happen without a structural freedom. I ask that our President visit with ate is now considering the tobacco bill. change—free elections, freedom of The Senator may speak on any subject press, freedom of speech, freedom of re- banned journalists, for there are no free newspapers. There are no inde- he wishes. ligion—that until those things become Mr. GRAMS. I ask unanimous con- pendent journalists. There are no ex- realities in China, then we cannot ex- sent to speak as in morning business pressions of dissent against the Com- pect that there are going to be respon- for up to 10 minutes. sible citizens in the international stage munist Chinese Government. So, Mr. The PRESIDING OFFICER. Without of affairs. President, meet with those journalists objection, it is so ordered. The Post editorial concludes: who would like to have a newspaper, The Senator from Minnesota is rec- Mr. Clinton should meet with dissidents who would like to be able to write a ognized. when he visits Beijing later this month. A column, who would like to be able to Mr. GRAMS. I thank the Chair. sit-down with Bao Tong, if the government freely express their views of freedom (The remarks of Mr. GRAMS pertain- would release him from house arrest long and democracy, but are not allowed to ing to the introduction of S. 2130 are enough, might be a useful addition to the because of the current regime. Meet located in today’s RECORD under president’s official schedule. with them. Hear their story. Take your ‘‘Statements on Introduced Bills and And I suggest it certainly would. stand for freedom. Joint Resolutions.’’) So I want to conclude on this anni- And then I ask that before you leave Mr. GRAMS. Thank you, Mr. Presi- versary of an event that should never, for Beijing, if you must go, that you dent. I yield the floor, and I suggest never, never be forgotten, by making sign the China sanctions package that the absence of a quorum. this plea: Mr. President, delay your has already passed the House of Rep- The PRESIDING OFFICER. The trip to China. There are ongoing inves- resentatives by a huge, overwhelming clerk will call the roll. tigations; there are ongoing hearings. bipartisan majority. Some of those pro- The assistant legislative clerk pro- So, please, we are not talking about visions have already been added to our ceeded to call the roll. isolating China. It could not happen if State Department authorization bill Mr. DASCHLE. Mr. President, I ask we wanted it to. We are not talking which we will be debating, hopefully, unanimous consent that the order for about breaking off contacts, dialog and next week. Some of those have already the quorum call be rescinded. S5604 CONGRESSIONAL RECORD — SENATE June 4, 1998

The PRESIDING OFFICER. Without they have done to bring us to this Mr. MCCAIN. I appreciate the Sen- objection, it is so ordered. point. But unless we take it to its final ator’s frustration, and to a large degree f conclusion, all of the thousands of I share it. I wonder if, with the knowl- hours spent by the Senators who are on edge that the Senator from Texas and NATIONAL TOBACCO POLICY AND the floor already, invested in time and I are continuing negotiations in the YOUTH SMOKING REDUCTION ACT good-faith efforts to move us to this next few minutes, the distinguished The Senate continued with the con- point, will be for naught. I don’t want Democratic leader would agree to with- sideration of the bill. to see that happen. I don’t want to see hold that until, say, an extra addi- Mr. DASCHLE. Mr. President, I don’t this necessarily as a Republican versus tional 15 minutes just so I can make know how many days it is that we have Democratic debate. But, frankly, it be- one final attempt to get an agreement been on the tobacco bill now, but it is comes more and more apparent that we with the Senator from Texas on his clear that we are not making any are not getting the help—with the one amendment. Then I think we may be progress. I am increasingly frustrated stellar exception of my friend and col- able to move forward. by the degree to which many of our Re- league from Arizona—in getting this Mr. DASCHLE. I will agree to with- publican colleagues, in the name of legislation passed. So we are very hope- holding filing of the motion so long as amending the bill, have stalled, obfus- ful that we can move this legislation I don’t lose my right to file the motion. cated and, in many ways, attempted to and find some way to resolve the mat- If that takes retaining the floor, I in- defeat the legislation without any real ter. tend to do so. But I will certainly allow sign of progress, without any real sign I understand that I can’t file until the Senator from Arizona whatever of coming to closure, without any real 2:15 under a previous agreement. I will time he may require to talk to the Sen- effort to find some resolution. certainly wait until then. ator from Texas. I have expressed my continued pa- Let me just make sure that our col- Mr. President, let me just say that is tience, my continued desire to find leagues understand where things stand. really the essence of this argument. ways in which to move this legislation Right now, we are discussing the mo- Can we stop kids from smoking? Can along. I give great credit to the man- tion to recommit offered by the Sen- we turn this around, or not? And can ager of the bill, the chairman of the ator from Texas, Senator GRAMM, with we find a way with which to address Commerce Committee, Senator amendments pending to that motion. the concerns expressed to us by many MCCAIN, for his tireless efforts to move The Gramm amendment would cost $52 of our colleagues? both sides along. billion. It would rob the bill of any real We believe we can address the mar- This has not worked. We have contin- opportunity to address research in riage penalty for a whole lot less than ued to be thwarted in the name of com- health care, to address the targeted ap- $52 billion. But our objective is not to promise, and in the name of negotia- proach that we are attempting to make gut the bill. Our objective isn’t to say tion, and in the name of consultation. on advertising and reducing teenage we are going to use up all that money Frankly, I don’t know what other op- smoking. It would reduce every option because we don’t want to spend it on tions there are but to file cloture on that we have available to us to reverse stopping kids from smoking; we don’t the bill. We may not win. I am pre- the trend and reduce teenage smoking want to spend it on research; we don’t pared to acknowledge that unless we in this country. Why? Because the Sen- want to spend it on tobacco farmers; get many of our Republican colleagues ator from Texas believes that we ought we don’t want to recognize what has al- to join us, we will not win. But I also to address the marriage penalty. ready been achieved in the State-by- understand that if we don’t move this Unfortunately, Senator GRAMM’s State negotiations on this issue and legislation forward, we will continue to amendment doesn’t address the mar- the tremendous effort put forth by at- be in a position of having to say no to riage penalty alone. In fact, one could torneys general all over the country in other bills the majority leader may argue that it has little to do with the an effort to resolve this at the State wish to bring up until we resolve this marriage penalty. It has everything to level. The Federal Government didn’t matter. We have said, as late as Tues- do with spending the tobacco revenue do that. For whatever reason, we didn’t day, that we are not in a position to raised in the health fee. We are pre- go to court. The States did. Now that move to any other legislation until we sented with an option that is a Hob- the States have racked up their vic- finish this bill. I don’t know how we son’s choice for many: reduce taxes for tories, and now that they are expecting can say it more clearly than that. those who are under $50,000, or reduce some way to resolve this matter, we We want to finish this legislation so teenage smoking, reduce the number of are saying: We are going to use that we can move on to other bills. There children who are dying from smoking. money, too; we are going to take the are a number of other pieces of legisla- That is the choice. While we debate money that you have already won in tion that ought to be addressed, and we this choice, 3,000 kids a day choose to court fairly and squarely against the recognize that. We are prepared to smoke for the first time. A large per- tobacco companies, and we are going to enter into time agreements on amend- centage of those—some say 40 per- spend it; we are going to spend it on a ments. We are prepared to come to cent—are people who ultimately will tax cut. some time limit on the bill itself. But die from the habit at some point in So this gets interesting as we go on. we have now virtually wasted the bet- their life. They get cancer and ulti- We are saying we ought to respect the ter part of a week waiting for col- mately succumb to cancer because decisions made by the attorneys gen- leagues to offer amendments, waiting they started smoking too early, with- eral, we ought to respect the decisions for some resolution to the Gramm out knowing the facts, without being made by the committees of the Con- amendment, waiting, procedurally, to able to quit once they had started. gress, and the Senate in particular, in find some solution to the impasse that That is the issue here. recognition of the fact that we have to we now are experiencing. Can we prevent young people from find new ways to target those who are So, Mr. President, I really have no acquiring this terrible habit and from most vulnerable to campaigns by to- choice but to offer a cloture motion, dying because of it? Can we target ad- bacco companies today to get them to with some frustration, and with the re- vertising and research, and can we find smoke. We think that is worth an alization that it may take more than ways in which to ensure that we can American investment. We think it is one. We may have to file several clo- turn the trend around for the first worth an American investment to put ture motions. But, beginning today, I time? Or are we going to spend that some real effort into research on how will take whatever action is necessary money for something else? Mr. Presi- we cure diseases that have been con- to expedite the consideration and ulti- dent, Democrats have come up with an nected to smoking. We think it is im- mately the solution and the conclusion alternative. portant that we find ways with which to this legislation. Mr. MCCAIN. Will the distinguished to rid this country of the production of We have a lot of people who have in- minority leader yield for one question? tobacco products and to encourage to- vested a good deal of effort into this Mr. DASCHLE. Without losing my bacco farmers to find other ways to legislation; three of them are on the right to the floor, I yield to the Sen- make a living. That is what this is floor right now. I thank them for all ator from Arizona for a question. about. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5605 Mr. President, there is no choice. We Conrad, Harry Reid of Nevada, Paul consent agreement here that I was can continue to talk. We can continue Wellstone, Richard Durbin, Patty Mur- working on, and was prepared to work to find ways with which to obfuscate. ray, Richard Bryan, Tom Harkin, Carl with him on, that would set up a proc- But it really comes down to this: Do Levin, Joe Biden, Joseph Lieberman, ess for us to have a vote on Durbin, al- John Glenn, Jeff Bingaman, Ron you want to pass a tobacco bill or not? Wyden, and Max Baucus. though I think Durbin is a very bad We are getting a resounding ‘‘no’’ on amendment. It is another jump, more the other side of the aisle. We are get- Mr. LOTT addressed the Chair. cost, another hit on actually getting ting an absolute, emphatic ‘‘no,’’ excla- The PRESIDING OFFICER. The ma- something done. That is one of the mation point, ‘‘we don’t want a to- jority leader is recognized. problems here. I am still trying to fig- bacco bill.’’ Mr. LOTT. Mr. President, I must say ure out, do Senators, and do the health We have come to a point that we do that I think it is unfortunate that this care community people, and the attor- not have any choice. We must move process has been adopted by the Demo- neys general want a bill? this legislation forward and use the cratic leader. I had indicated all along Do you want an issue? Do you want parliamentary and procedural methods that at some point, if it was necessary, to do something about this problem or available to any Senator to begin to I would be prepared to consider cloture do you want to play games? It is not curtail debate, recognizing that every but not until we had an opportunity to clear to me because everybody keeps Senator who still has a germane debate and vote on some amendments adding to it, adding to it, and it is just amendment would have the right to that clearly are important to Senators going to collapse out here in a great, offer an amendment. and until we had time to have debate humongous pile of nothingness. But having been on this bill now for on this bill in general. But I was going to suggest we have a 2 weeks, and now recognizing the ma- There are still some very important vote on Durbin at 5:30 today, and that jority leader’s frustration and impa- amendments pending: The Durbin we have a time agreement on the tience with our slow progress, his de- amendment, the Gramm amendment, Gramm amendment and a vote on it, sire to move on to other bills, I, frank- and we have the drug amendments. We and a vote on the drug amendment, and ly, wish that we could do this together. have at least two substitutes that that—I assumed at some point the I wish he and I could file this cloture would be cut off from being offered: Democratic leadership might have a motion. He has filed cloture a lot faster The Hatch substitute, which I know a tax amendment of their own, and we on virtually every other bill that has number of Senators would support, and would start going on down the trail. I come to the floor than on this one. But it is something much closer to the don’t like it when we basically—people I understand the difference in the ini- original settlement agreement that say we have to make progress; we have tial position with regard to where we was entered into than anything else to get this bill done. Where is the are on this legislation. So I wouldn’t that is pending around here now; plus progress? This week, we can’t blame expect him necessarily to be enthusias- the Domenici-Gramm substitute. each other for yesterday; we had a fu- tic about doing it. But we have to move I think most Senators would ac- neral for a former Senator. We had to on. We have to find a way with which knowledge very readily that those two go to that. We have problems with Sen- to address this bill in a more con- Senators are very thoughtful Senators ators being here on Monday. We have sequential and productive way. That, and have given a lot of thought to an problems with Senators—I won’t get in essence, is what it is we are at- alternative approach. Yet there is a into all that. tempting to do. choice here. The choice is: Do you want But you cannot make progress until We have a series of amendments. The a bill or not? If you want a bill, this is you make progress, until you are here Durbin amendment, which, in my view, a good step toward having nothing hap- and you have Senators prepared to is one of the final and very important pen, because this further sours the vote. And that is one of the unique fea- pieces of legislation that we want to well. Yes; I would like to see things tures of this creature, the Senate. address on this side, a piece of legisla- move along on this bill and on to other Things move very slowly, they look tion that would be designed to bills and other issues that I know Sen- like they are not moving at all, and it strengthen the so-called look-back, or ators on both sides want to address, looks hopeless, and then all of a sudden the targets that we set out, to reduce but you have to also allow Senators to you get ready to vote. I thought we teenage smoking—I don’t think that is be able to work through the problems were close to getting ready to vote. necessarily anything anybody ought to and come to an agreement. So I think this is not a positive thing have trouble considering, or ultimately If we stay on this bill, we are going to happen, and I will urge every Repub- debating. We haven’t even been able to to have a vote on the Gramm marriage lican Senator to vote against cloture. debate that. We have had to wait. penalty tax elimination. We will have If we don’t get cloture, then what? Mr. President, I say with all sincer- it this year in some other form or an- Then what? I thought at some point ity—I don’t see the Senator from Ari- other. It seems to me like this is one next week after we voted on Durbin zona on the floor. He had asked that I way to help address some of the con- and Gramm and the drug amendment postpone the filing of the cloture mo- cerns about the excessive amount of and Hatch and the Domenici-Gramm tion, and I have agreed to do so. But I money that is in this bill. It is clearly substitute, maybe a couple other Dem- am prepared to file it assuming that way beyond what is necessary to fight ocrat amendments, at that point we there is no other reason for him to ask teenage smoking, or even teenage could have sort of a bipartisan effort to for additional delay. smoking and drug abuse, address some see if the Senate was ready to go to of the health care problems, and ad- cloture and get to a vote. CLOTURE MOTION dress the needs of the farmers. It goes This undermines that. I understand Mr. DASCHLE. Mr. President, at this way beyond all of that. That is the why it is being done, but I think it is time I send a cloture motion to the problem. counterproductive, and I hope the Sen- desk. As I have said in other forums, this ate would defeat this overwhelmingly. The PRESIDING OFFICER. The clo- has become a problem of greed. Every- I view it as another blow to our ture motion having been presented body who touches this bill adds to it. It chances of actually addressing this under rule XXII, the Chair directs the grows like Topsy. What is our goal issue in a responsible way and getting clerk to read the motion. here? To have a whole, big, new Fed- on to other important issues. The legislative clerk read as follows: eral program outside the regular budg- I must say I thought that Senator CLOTURE MOTION et process, or to address the problem of GRAMM and Senator MCCAIN and others We, the undersigned Senators, in accord- smoking, and teenage smoking, in this who were interested in how you deal ance with the provisions of rule XXII of the country? with the marriage penalty tax were Standing Rules of the Senate hereby move to I had been working on and had kind very close to an agreement—maybe not bring to a close debate on the modified com- mittee substitute for S. 1415, the tobacco leg- of sent word to the Democratic leader exactly the way Democrats would like islation. informally—and I did try to call him, it or the White House would like it, but Senators John Kerry of Massachusetts, and we were both going back and forth something that would have been fair Robert Kerrey of Nebraska, Kent to our luncheons—I had a unanimous for both of us to have and we could S5606 CONGRESSIONAL RECORD — SENATE June 4, 1998 make progress on other things. But debate on the Gramm amendment, the the Democratic amendment, and that c’est la vie, this is it. You filed a clo- debate on the Democratic amendment, two votes be cast at the end of that ture motion. And also, by the way, that and then two votes, and we are out of time in sequence of his choosing? cloture would ripen on Monday, and I here on taxes for a while. Then let’s go Would the majority leader agree to think that is going to be a problem for to the drug amendment, let’s go to the that proposal? the leadership and a number of Sen- Durbin amendment. We can stack Mr. LOTT. Mr. President, I would not ators, and we will have to discuss when those votes. We can have all four of agree with that at this point. I am not and how that vote would occur. those votes tonight. But I bet you I saying that at some point we might I hope all concerned would reconsider won’t hear that offer made by the come to some sort of understanding of their thinking on how we bring this to other side. For some reason that isn’t how this would be handled. The first a point where we could get some votes good enough. It was good enough for thing is, I think, the Senator from and make progress. I really believe, I the Coverdell bill, but it is not good Texas and Senator MCCAIN have got to said publicly, that if we had a tax cut enough for the tobacco bill. come to an agreement on the content. provision added and we had a drug pro- Mr. LOTT. Will the Senator yield? That is one of the reasons why we can’t vision added, then the prospects for the Mr. DASCHLE. I would be happy to go on procedure—until you get some- bill would be helped substantially; we yield. thing that is worked out, hopefully might actually get a bill through the Mr. LOTT. I heard through the news that everybody can support, because Senate. Without that, we are going to media that the Senator was proposing when we get a vote on the Gramm be sitting around here. If you want to a process to have those votes back to amendment, on the marriage penalty sit around and shout to your feet for back, and, oh, by the way, they are tax, it is going to pass overwhelmingly. the rest of this month and all summer going to be king of the hill; that the A great majority of the Democrats are long and try to make out this is a to- last one who wins, you know, wins. not going to be able to vote against tally partisan thing, that is OK, too. That’s it. that. They are going to vote for it. So That is OK. I am relaxed. We can just I did not have that proposal come to it is going to pass. waffle along here and look pathetic if me in any form, and I would not agree But what I would say is I have a everybody wants to do that. Or we can to that. I am prepared to say we are unanimous consent agreement right decide how we are going to get to- going to get a vote on Gramm, and in here that would allow us to set up a gether and make something responsible some logical order, I assume, we have a process to move forward with consent happen. deal here where we are alternating to get a vote on the Durbin amendment I yield the floor, Mr. President. back and forth—we offer an amend- at 5:30, and that following disposition Mr. DASCHLE addressed the Chair. ment; you offer an amendment. And of the Gramm amendment Senator The PRESIDING OFFICER. The the Democrats could offer an amend- COVERDELL be recognized to offer a Democratic leader. ment at some point on taxes in the reg- first-degree amendment relative to Mr. DASCHLE. Mr. President, let me ular order. We could not prevent you drugs, there be 2 hours of debate on just respond to a couple points made by from doing that. that—and that there then would be de- the distinguished majority leader. But that was not the way it came to bate on the Coverdell amendment and a First of all, I only wish I had had his me. And it did come to me through the vote on that after 2 hours. text in front of me when we took up media in a way that certainly would We have a unanimous consent re- the Coverdell bill, when we took up a not be acceptable. quest here that we would be willing to number of other pieces of legislation Mr. DASCHLE. Mr. President, since I offer, and then we could go back to earlier this year, because I can recall retain the floor, let me just respond to your amendment, we go to a tax his passionate determination to get my colleague. First of all, we are not amendment, if you want to do that. time agreements, to stack votes, to going back to back. The last amend- But here is the other side of it. You find a way to come to closure in a mat- ment prior to the Gramm amendment have to get unanimous consent. And ter of a couple of days, a couple of was a Gregg amendment. So instead of our people are not going to agree to an days, and were it not for the fact that going Republican-Democratic, we went arrangement at this time where you we had the votes to hold off on cloture, Republican-Republican. So that pat- get some vote on a subsequent tax pro- I don’t know where that would have tern was lost already. posal that would be the king of the gone. We finally came to a resolution Mr. LOTT. Will the Senator yield on tree. I think when the thing is done, on the Coverdell legislation because we that point? when we get an agreement, you are were able to come to some agreement Mr. DASCHLE. I would be happy to going to vote for the Gramm amend- on how we would proceed on amend- yield. ment and that is what will prevail, and ments. Mr. LOTT. Because he is right, and I we will move on. But we have to try to Now, I am perfectly willing to ask think that was a mistake. And I ob- come to an agreement on that or we unanimous consent to withdraw the jected to that at the time. I think ev- are not going to go anywhere. If that is cloture motion if we can get an agree- erybody who was on the floor knows the way it is going to be, that is the ment on the process and some time that. I did not appreciate the fact that way it is going to be. I have been try- agreements by which we can have these the going back and forth was inter- ing to help make this thing move from amendments considered. rupted. The Senator from Texas knows a procedural standpoint, but if we want Now, I don’t know why, but I have that, and he has indicated, to his cred- to let it collapse on this line, OK with been told—and I will admit I haven’t it, that he was not really intending to me. talked directly to the majority lead- break up that sequence. We did break Mr. DASCHLE. Mr. President, the er—that the Republicans are refusing up the sequence, but I do not think we majority leader has just made my to allow the Democratic tax amend- should let that block us from proceed- point probably better than I can. What ment to either precede or immediately ing in that way in the future, a fair he has said is that this offer to have succeed the consideration of the way where we offer our amendment, two amendments, one Republican and Gramm amendment. They don’t want you offer your amendment, and we go one Democrat, both dealing with tax, them back to back. I don’t know why. back and forth. under a time agreement, is objection- And if that is not accurate, I hope But you are right about that. The able to them. somebody will tell me. order was broken, and I certainly did My point originally was the reason it We have offered to have a limited not like it. is objectionable is because they don’t amount of debate on the Gramm Mr. DASCHLE. While the majority want to get this legislation passed. amendment, a limited amount of time leader is still standing, let me retain They do not want to see closure to it. on the Democratic amendment, and the floor and ask him the question. That is really what is behind all of then let’s have two votes back to back. Would he agree with me to a 2- or 3- this. This is not some concern about a We can do that this afternoon. I am hour time agreement to be divided tax amendment. This is concern about prepared to have a vote, I would sug- equally on the two amendments relat- ultimately moving this legislation to a gest, at 5 o’clock today. Let’s have the ing to tax, the Gramm amendment and point where we can get completion. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5607 The reason the majority leader cannot What I am proposing here, or have discussion, whenever that was—Tues- get unanimous consent is not because been prepared to propose, is we have a day, I guess it was. it is not fair. It is because there are vote on the Gramm penalty tax amend- Mr. KERRY. Again, if the leader will colleagues on his side who want to drag ment, the Durbin look-back provision, yield for a question, isn’t it a fact, this out past the Fourth of July. They the Coverdell drugs provision, and a though, the unanimous consent request want to start using the clock. That is Daschle or others marriage penalty that the leader is proposing, while it what this is about. You want a blow- provision. That is Republican-Demo- ostensibly sets up a Democrat-Repub- by-blow account of the play-by-play ac- crat, Republican-Democrat; it is a way lican alternative, it is not, in fact, al- tion here? It is that. We are simply to deal with this thing. lowing for the Democrat alternative on playing the clock. Because if you play But let’s set that aside. You know, the marriage penalty to be voted on at it long enough, we run out of time and there is concern that has been ex- the time that the minority leader has then, guess what, we do not pass a to- pressed about the cost of the marriage requested? bacco bill. penalty. How about the American peo- Mr. LOTT. There would be one inter- We can play that. We can stay on ple who are paying that tax? A penalty vening amendment. What is the prob- this bill through June, if we want to. for getting married? They cannot help lem? But I am telling you, this legislation it, if it is so unfair a tax, that young Mr. KERRY. Would they be the same ought to pass. It is about saving kids’ couples all over America are getting day? Same time? Could they be this lives. It is about making them healthy. hit with this tax just because they got afternoon? Mr. LOTT. They could be. I don’t see It is about coming up with new tobacco married? So what we are saying is, any problem. I would like for us to policy, and we are prepared to stick to ‘‘Oh, well, to eliminate this unbeliev- have it in the same day, because it whatever it takes to see that we get able tax that is in the Tax Code it costs means we would be making progress. I that done. too much money, so we want to would like us to have the opportunity, I don’t understand why that would squeeze down what Senator GRAMM is on the tax issue and tobacco bill, to not be a fair proposal. I am dis- proposing to less and less and less.’’ have more than one vote in a day. appointed that our Republican col- What we ought to do is eliminate the Maybe we could get two or three votes. leagues object to what is a reasonable marriage penalty tax altogether. Right That would be healthy. I would like to proposal. When I used the reference away. Flat out. Whatever the cost is. see us make progress on that. I think ‘‘king of the hill,’’ I was simply saying Mr. KERRY. Let’s do it. we could work that out. We don’t want you have two proposals, both pending, Mr. LOTT. This is one way to help a separation of days. both being debated, and Republicans deal with the problem that this to- I just object to the ‘‘king of the hill’’ and Democrats both roll the dice. Let’s bacco bill costs somebody money. It type approach which goes—that is a see what the majority of Democrats doesn’t come from heaven. Somebody throwback to the House. But having it and Republicans support with regard to is going to pay for this. This is one the same day, that would be fine with the options presented to them. way, and it is targeted, by the way, to me. We are not interested in getting a We have an amendment. They have couples earning under $50,000, as I un- day’s or a week’s separation. If we are an amendment. Maybe the leader is derstand it, to help the people at the ever going to find a logical way to con- right. Maybe both amendments will lower end of the tax structure by get- clude this thing, you have to make pass or both amendments could fail. He ting rid of this tax penalty. progress and have more than one or thinks there is a majority support for You are talking about these other two votes in a day. the marriage penalty amendment. I people. Yes, we ought to have a cam- Several Senators addressed the think he is probably right. The ques- paign to fight teenage smoking and Chair. tion is, What is the amendment? The drug abuse, but we don’t need all these The PRESIDING OFFICER. The Gramm amendment goes way beyond hundreds of billions of dollars to do Democratic leader. marriage penalty. It goes way beyond that. This is a way—and everybody in- Mr. DASCHLE. Mr. President, let me it. Don’t anyone be confused about volved understands it, really—this is a just say, my offer stands. We are pre- that. This is not a marriage penalty way to help make it possible for this pared to negotiate some time agree- amendment. You can find marriage legislation to get through the Senate ment, some way with which to deal penalty in it, but it goes beyond that, and maybe, eventually, get to a conclu- with these amendments. And if we can and he is prepared to spend $52 billion sion. do so satisfactorily to both sides, I am going beyond that. Does the Senator from Massachusetts prepared to ask unanimous consent to Now I understand he wants to pull it want me to yield? revoke the cloture motion for now. I back some, but there is no question the Mr. KERRY. I do not want to inter- will talk with the majority leader and majority of what the Gramm amend- rupt the leader. we will see if we cannot resolve it. Per- ment would eat up would go to re- Mr. President, I wanted to ask the haps this discussion, if nothing else, search, would go to kids, and would go Senator, the majority leader: It seems has moved us closer to that point. to farmers. We know that. So we will to me I recall a conversation that the He did make a point, though, that I have to wait until another day to have minority leader, the majority leader, think has to be responded to, and that our debate and have a good oppor- Senator GRAMM and Senator MCCAIN has to do with money which is being al- tunity to consider competing propos- and I had together at the desk right be- located here. He said, What is wrong als. But we are prepared to do that. We hind Senator GRAMM just about 2 days with dealing with the marriage pen- will do it Monday next week, Tuesday, ago, in which we had originally alty? Shouldn’t we address the in- whenever. But we will be here. I yield broached to the majority leader the no- equity there? Let there be no mistake. the floor. tion that there would be two votes, al- We are prepared to address the in- The PRESIDING OFFICER. The ma- most simultaneously. So the majority equity in the marriage penalty. Our jority leader. leader was, in fact, aware that was amendment would do that. We are sim- Mr. LOTT. Mr. President, I want to what we sought. ply saying we don’t want to do it at the point out we could have had a vote on Mr. LOTT. If I can reclaim my time, expense of revoking the commitment the Gramm amendment last week. I I remember that meeting, and I was made to the attorneys general, made to was perfectly willing to do that, I be- there for part of it and went to take a the States, made to tobacco farmers, lieve it was last Thursday. We were phone call. When I was listening to made to children, made to the re- ready, I thought, to go to a vote on that discussion, it was a discussion searchers—made in all of those ways Durbin and Gramm last week. As I re- about how and when we were going to that has set up this comprehensive to- call, there was objection to that from vote on Durbin and Gramm. Maybe at bacco policy which we hope to address the Democrats. So if you talk about some subsequent point the discussion over the course of the next 10 years. We delay or time being consumed, it was turned to, really, some alternative to don’t have to do that. We don’t have to because we could not get an agreement Gramm. But, you know, this is some- destroy that. worked out on Thursday how we could thing that has evolved, as far as I can So there is nothing wrong with deal- go ahead and vote on the two of them. tell, since we met. We were having that ing with the marriage penalty. But to S5608 CONGRESSIONAL RECORD — SENATE June 4, 1998 say we are going to do it at the expense side is, if you want to deal which those just that. I remember many occasions of everything else is the problem hurt by the marriage penalty, we are in my time here that they dictated and Democrats find with the Gramm prepared to do that. The amendment filled up the tree. I learned the way of amendment. It also begs the question, on the other side goes way beyond doing business around here from them. what about the cost to Medicare and those hurt by the marriage penalty and I might also note, to make every tax- Medicaid from smoking-related ill- actually gives benefits to people who payer punished by the marriage pen- nesses? Should that not be addressed? are benefited by marriage in the Tax alty even with unmarried people costs Isn’t that an inequity? The American Code. $38 billion. If we are serious about real- taxpayers are paying huge—billions So wouldn’t it be the case that what ly eliminating this penalty, that is the and billions of dollars, huge amounts of we are prepared to offer will address di- cost. I believe the Senator from Texas money to pay for the programs that we rectly the marriage penalty, and why has a proposal that unfortunately is have set up to deal with health care; then is the majority leader resistant to below that. It is less than that. He Medicare and Medicaid, the two most the very fair notion that if he says he would like to completely eliminate it. consequential. More and more billions endorses again going back and forth be- In the interest of trying to come to some accommodation so we can get a of dollars are spent every year dealing tween Republicans and Democrats, vote and still leave money for legiti- with smoking-related illnesses. Isn’t it that he would allow the Democrats to mate programs, like the teenage smok- important for us as a Nation and this decide which amendment is offered on ing cessation program and the Medic- Senate to recognize that and deal with their side? Isn’t that a fair result? Mr. DASCHLE. That seems to me to aid programs in the States, he has been it? prepared to negotiate below that level. What the Gramm amendment says is, be a fair result. I don’t know if they I am not sure he should have gone ‘‘No, it isn’t. No, we are going to spend would stand for us telling them what down as far as he has. it on a tax cut. We think that is more their Republican amendment is going Does the Senator from Texas wish to important than anything else, over and to be. But that is, in essence, what get into this debate? above the commitment to the attor- they are asking us to accept. We will Mr. MCCAIN. Can I just make one neys general, over and above the com- tell you what Democratic amendment comment? mitment to the farmers, over and we will allow you to offer, and if you Mr. LOTT. He has been waiting. above the commitment to the children, don’t agree, you are the ones holding Mr. GRAMM. I would like to respond over and above the commitment to the up progress. We can’t accept that. Ob- to the minority leader, if I may. Medicare and Medicaid.’’ That is the viously, we can’t accept that. Mr. LOTT. Let me go ahead and yield problem we have. That is why there Mr. CONRAD. I have been in the Sen- to the Senator from Arizona. hasn’t been an ability to find some ate 12 years. I must say I don’t recall a Mr. MCCAIN. What is happening now common ground. So long as that be- time when the majority leader said to is what I feared would happen to this comes the only way with which to the minority, ‘‘We will not only decide bill. It is starting to get very partisan. spend resources, we think there is a what amendments are offered on our A lot of things are being said which are better way, a more prudent way, a side, but we’ll decide what amendments not necessarily helpful to the process. I more balanced way, and that is what are offered on your side.’’ Is this some- hope that we can end this dialog, now this debate is about today. I yield the thing the Senator from South Dakota that we have all made our points, and floor. has seen before? try and sit down and move forward or Mr. CONRAD. Will the Senator yield Mr. DASCHLE. Like the Senator agree to just move on to other things. for a question? from North Dakota, I have been around I don’t think it helps anybody for us to Mr. DASCHLE. I will be happy to here a while, too, and this has been a start accusing each other of bad faith yield to the Senator from North Da- first for me as well. It doesn’t come or parliamentary maneuvering. I hope kota for a question. often. To have the quarterbacks all on that we can move at least—— Mr. CONRAD. I ask the Senator from that side deciding the amendments to Mr. LOTT. I say to the Senator from South Dakota, isn’t it the case that the be offered is an interesting set of cir- Arizona, I think that is exactly what is amendment of the Senator from Texas, cumstances. happening. And I do think the well is being poisoned tremendously by what Senator GRAMM, doesn’t just deal with The point the Senator from North has been going on here in the last few the marriage penalty and give benefits Dakota makes is right on the mark. We minutes. I yield to the Senator from to people who are hurt by the marriage are giving benefits to, in the name of Texas. the marriage penalty, married people penalty, his amendment goes way be- The PRESIDING OFFICER. The Sen- yond that? It actually gives benefits to who have no tax penalty, who actually ator from Texas is recognized. people who benefit by being married; benefit from being married. But the Mr. GRAMM. I don’t want to get into isn’t that the case? real irony, the real sad aspect of this, a long argument with the minority Mr. DASCHLE. That is the case. Mr. President, is we are doing it at the leader, but I have to explain what this Those who benefit by being married are expense of those smoking-related ill- is about, in case somebody tuned in the benefited even more by the Gramm nesses in Medicare and Medicaid. We middle of all this. amendment. The Senator from Mis- are doing it at the expense of tobacco For several weeks our Democratic sissippi, the majority leader, was say- farmers; we are doing it at the expense colleagues have stood on the floor of ing how important it was that we not of children; we are doing it at the ex- the Senate and denounced the tobacco overextend the reach here. His admoni- pense of research; we are doing it at companies, with great justification. tion to the Senate was, ‘‘Let’s take a the expense of a comprehensive attack But they have proposed a bill that im- look, let’s step back and make sure we on teenage smoking. poses taxes principally on blue-collar are not just overreaching.’’ Well, if That is the real irony here, and that Americans, and they have in their bill there was a definition of overreaching, is why a lot of us feel very mystified by an incredible provision that mandates I don’t know that I could find a better this proposal and by the approach the tobacco companies to pass the tax example than the Gramm amendment Republicans are insisting on and trou- through to the consumer. because of exactly what the Senator bled by the inequity, not only proce- Despite the fact that it sounds like from North Dakota has noted. durally but in substance, with the we have come to a lynching of tobacco Mr. CONRAD. Will the Senator fur- amendments they are demanding that companies, the reality is we have a ther yield? we consider. confiscatory tax on their victims, the Mr. DASCHLE. I will be happy to Mr. LOTT addressed the Chair. people who smoke. As my 85-year-old yield to the Senator from North Da- The PRESIDING OFFICER. The ma- mother has observed, ‘‘You are saying kota. jority leader. to me I have been victimized, and then Mr. CONRAD. Isn’t it the case that Mr. LOTT. Mr. President, just one instead of taxing the tobacco compa- the amendment that we would like to brief response to the Senator from nies, you are taxing me.’’ offer on our side would actually target North Dakota. If he has been here 12 The tax in this bill is imposed on those affected by the marriage pen- years, then surely he remembers Sen- very moderate income people: 34 per- alty? So if the rhetoric from the other ator BYRD and Senator Mitchell doing cent of it is imposed on those who June 4, 1998 CONGRESSIONAL RECORD — SENATE S5609 make less than $15,000 a year; 47 per- Mr. FORD. You keep talking about Basically, let me tell you what will cent is imposed on those who make less the farmers and misrepresenting it. I happen. I just want to ask people who than $22,000 a year; 59.1 percent is im- just want to correct you. might watch this vote to watch it hap- posed on those who make less than Mr. GRAMM. I always stand ready to pen. When my amendment is voted on, $30,000 a year. be corrected. because if anything is voted on, this Our colleagues say this is not about Mr. FORD. You will be. amendment is going to be voted on, money. It is not money they want. It is Mr. GRAMM. I am simply reading when we reach 51 votes on my amend- just coincidental that they get $700 bil- numbers out of the bill. Basically, we ment, you are going to see about 20 or lion from blue-collar workers in higher have 743 pages of mandated spending on 30 Members rush down and vote for it taxes. What they want is to raise the everything from maternal and child right at the last minute. It will pass price of cigarettes. My amendment care health services, funding child with 65, 70, 75 votes. But if it only gets simply says raise the price of ciga- care, mandating funding under child 49 votes, none of them will rush down, rettes, but rather than impoverishing welfare, title IV, section (B), and man- because what the minority leader is the victims, the people who have been dating that the funds in this bill be trying to guarantee them is that if induced to smoke, let’s take a portion spent by the States be spent on the De- they vote against the amendment to of the money, in this case roughly a partment of Education, Dwight D. Ei- repeal the marriage penalty, that they third of it, and let s give it back to senhower Professional Development are going to get a vote later on. Their moderate-income families by eliminat- Program, under title II of the Elemen- amendment will be a much smaller tax ing the marriage penalty for families tary and Secondary Act. cut, but when they get asked back We have in this bill what some esti- that make $50,000 a year or less. home, ‘‘Well, weren’t you willing to re- mate is the ratification of a settlement I basically view this as a rebate of peal the marriage penalty on working that will pay attorneys $100,000 an part of this tax. I am trying to take families?’’ They are going to say, ‘‘Oh, hour. Yet we do not have enough our colleagues at face value as to what yeah, I was for it. I just wasn’t for that money to prevent the impoverishment they say they want to do. They say provision. I was for another provision, of blue-collar workers who have been their objective is to raise the price of but I wasn’t for that provision.’’ victimized by the very tobacco compa- cigarettes not to pass one of the larg- So I do not know if anybody is going nies that we assail. to be fooled. est tax increases in American history. This bill gives all this money—end- When I offered the amendment that Mr. KERRY. Will the Senator yield? less billions—to all these groups in the Mr. GRAMM. But the issue really would give a third of the money back grossest giveaway that I have ever ob- to blue-collar workers, suddenly our boils down to this: You can denounce served in my political career. Groups the tobacco companies all you want to colleagues were all up in arms, and we that would have been happy with hun- find ourselves in this situation. and rejoice in it. I would join you if I dreds of dollars, in this bill we give thought it would do any good. But I Mr. KERRY. Will the Senator yield? them billions of dollars, because the Mr. GRAMM. I do not yield. I lis- think we are doing it so much, I am mentality is, as one office seeker called tened to everybody else talk. I simply not sure it is achieving its stated ob- it: ‘‘We won the lottery.’’ Well, unfor- jective. In the end, you are not taxing want my turn. tunately, this is a lottery that is paid Mr. KERRY. Will the Senator yield tobacco companies. In the end, you are for with taxes imposed on blue-collar for a question of fact? taxing blue-collar workers in this workers. Mr. GRAMM. I do not intend to yield country, who are going to be brutally What I have proposed to do is to sim- punished by this tax if they are ad- until I am through. We hear the minor- ply take a third of the money so that ity leader say that we can’t afford to dicted to cigarettes and they cannot we still get the full impact of raising quit smoking. give a third of the money back to blue- the price of cigarettes. However since collar workers who, if they smoke one In my State, we have 3.1 million peo- our colleagues claim this is not about ple who smoke cigarettes. If they pack of cigarettes a day, will pay $1,015 money, I would like to give part of the smoke one pack a day, they are going of new Federal taxes. People making money back to blue-collar workers by to pay $1,015 in new Federal taxes as a less than $10,000 a year will see their repealing the marriage penalty on result of this bill. For somebody who is Federal tax burden go up by 41.2 per- moderate-income families who make making $10,000 or $20,000 or $30,000 a cent because of this bill. They say we below $50,000 a year so that we do not year, that is a brutal, punishing tax. don’t have a nickel in this bill that we end up impoverishing the victims of All I am saying is, quite frankly, could give back to blue-collar workers the whole effort to induce people not to Americans believe this bill is about the who have been victimized by the very smoke. $700 billion. They believe that this has tobacco companies that they denounce. Also, let me say that it is not pos- long ago stopped being about teenage But it is interesting that while they do sible to effectively spend the amount of smoking, that this is really more of the not have a penny to give back to work- money that is allocated in this bill. It old tax and spend, getting $700 billion ing people, they have $28 billion to give is not possible to spend the billions and of easy tax money and then spending to tobacco farmers. billions and billions of dollars in this it. It is easy because people believe Let me try to set this in perspective. bill, nor is it wise public policy. So I that we are taxing tobacco companies. Under a provision in this bill, tobacco think if you really wanted to have a When they understand that we are tax- farmers would be paid $21,351.35 an bill and you wanted to raise the price ing the people who smoke, and who in acre. We would make a payment to to- of cigarettes, that you would raise the many cases are addicted and who can’t bacco farmers of over $21,000 an acre, price of cigarettes and you would take quit, or at least are going to take time and then they could continue to grow the bulk of the money and cut taxes on to quit, I do not think they are going tobacco under the same program they moderate-income people who are going to be sympathetic to what we have grow tobacco under now. to pay the costs. So you discourage done. I can go out today and buy a quota to people from smoking but you do not No one can argue that in the endless grow tobacco for $3,500 an acre, but yet pound them into the ground economi- billions of dollars of money spent in we are proposing in this bill to pay cally. That is what I am proposing to this bill, that we could not give a third $21,351.35 for what can be bought for do. of this money back to blue-collar work- $3,500 today? Why? Basically because What is this deal about suddenly the ers by repealing the marriage penalty. this bill is not about teenage smoking, Democrats want to cut taxes? What is So my goal is to offer the amend- except for about 10 pages of it. And 743 all that about? Well, what it is about ment. I hope it will be adopted. I think pages of this bill are about the most is, they think that if they can guaran- it is the right thing to do. I think it egregious kind of spending that has tee their Members that they will im- would marginally help this bill. But ever been observed anywhere in the mediately get the vote on a figleaf my objective is to see that if, in fact, history of this Government. amendment right after we have the we raise taxes on working people, that Mr. FORD. Mr. President, would the real vote, that they can get every Dem- we raise the tax to change the price of Senator from Texas yield? ocrat Member to vote against repealing cigarettes and therefore encourage peo- Mr. GRAMM. I will not yield. the marriage penalty. ple to quit smoking. I do not want to S5610 CONGRESSIONAL RECORD — SENATE June 4, 1998 simply raise the tax to spend money on marriage penalty, actually get a bonus. ment programs.’’ Well, in his State of endless Government programs, many of Fifty-two percent of the people who get Texas, there would be 360,000 less kids which have nothing to do with smok- married actually get a bonus because who would be eligible to have cessation ing. And the ones that have anything of the way the Tax Code works on the services made available to them. There to do with smoking, we have endless earnings of individuals versus joint fil- would be 3,869,000 kids between the redundancy in setting up community ings. He gives the bonus recipients ages of 5 and 17 who would not get action programs and international back money, too. school-based prevention programs as a smoking cessation programs and the If we are really concerned about re- result of his own proposal to strip that worst kind of duplicative bureaucracy. storing and repairing the notion of money out of the revenues from the to- The net result will be to hire tens or fairness for people who are hurt by bacco bill. That is what would happen. hundreds of thousands of people, spend their wage level and the fact that they That is what we are talking about hundreds of billions of dollars, every buy cigarettes, and you will try and fix here. We are talking about whether or penny of which will come out of the the marriage penalty at the same time, not there will be cessation programs, wallets and purses of blue-collar work- then we believe the Democrat alter- whether or not there are going to be ing Americans. native is a better alternative. The rea- counteradvertising efforts, all of which Finally, let me say that someone son the Republicans don’t want to let have been proven to work. suggested that if we repeal the mar- us have the right to vote on it right So what you really have out here is a riage penalty, it might help couples away is because it is a better alter- fundamental effort to try to kill the where the wife stays at home and native and they are afraid what they bill or stop the bill or just let it go on works in the home. If that is a criti- really need is some time in between and on forever. The Senator from cism, please note me down as having them so that the vote which is hanging South Dakota, the minority leader, been criticized. I do not have any out there—the only vote that people was absolutely correct. There is a apologies to make. will see—the public might get mad and whole world of difference between the I think the people who do the work telephone Members and say, why didn’t way this bill is being shepherded versus and pay the taxes and pull the wagon you vote for this, because they won’t the way every other piece of legislation in this country pay too much in taxes. know there is an alternative. That is that has come to the floor this year, I am not happy that we are getting the game that is going on here. where there have been time agree- ready to sock them with another $700 Under the other alternative, the ments, cloture motions filed imme- billion of taxes. If I can, through my Democrat alternative, because we diately, immediately limited debate, modest involvement, see that they get make an effort not to wind up taking limited number of amendments—move a third of the money back, so that we money from kids that we are trying to the legislation. We can tell the dif- get the impact on smoking without im- stop smoking, not to take money from ference between those who would like poverishing blue-collar workers, I want a cessation program, not to take to pass legislation or work on it, I to do it. And that is what I am trying money from the counteradvertising, think, in a way that will move this leg- islation to some kind of a final disposi- to achieve. and we regard people who, when they I yield the floor. got married got rewarded by getting tion. The fact is that there is a world of Mr. KERRY addressed the Chair. more money under the Tax Code—how difference between adequately taking The PRESIDING OFFICER. The Sen- can you justify that under these cir- care of those efforts that will have the ator from Massachusetts. cumstances if this is the tradeoff? most impact on a proven basis in help- Mr. KERRY. Mr. President, all that The fact is that under the amend- ing to prevent kids from smoking ver- the Senator from Texas has said sure ment the Democrats are prepared to sus the kind of approach that the Sen- sounds good when it gets a one-sided offer we give almost double the amount ator from Texas is offering. I would airing. But, fortunately, the Senate of money that you get under the like to vote to cut the marriage pen- has an ability to look for the truth amendment from the Senator from alty. I would like to vote to do away here. And the truth is that this is not Texas. For a couple with a split in- with the whole thing. The question is, a Democrat bill, this came out of the come, say they are earning $35,000. One Are you going to do it here, when the Commerce Committee 19–1—19–1—in a is earning $20,000 and the other is earn- choice is between reducing kids from bipartisan vote. ing $15,000. Under the Democrat alter- And the fact is that the Senator from smoking or not? That is really what it native they would get $3,000 back; comes down to when you look at the Texas talks about wanting to take only under the Republican alternative they large amounts of money the Senator one-third of the money. But he doesn’t would get back $1,650. Similarly, for a from Texas is seeking to take. just take one-third. No, he just doesn’t couple earning $50,000, if it was split We have offered a compromise. We tell the full story. The Senator from $25,000 and $25,000 of income for each have offered to sit down with the Sen- Texas is not prepared to let the Senate partner, in our alternative they would ator from Texas to try and arrive at a and the American people know what get $5,000 back; under the Gramm al- lesser amount of money and see if we his amendment really does. ternative they would get the same can’t come to some agreement as to So we will show you what it really $1,650 as they would have gotten for the what would be reasonable. I think most does. It cleverly, in the first 4 or 5 lesser amount. people on our side of the aisle would years, takes one-third, but then it So we ask Americans to look care- welcome the opportunity to change builds up, and over the course of the fully. Here is a legitimate proposal to some part of the formula of how these next 20 years it takes 53 percent over 5 change the penalty of the marriage moneys are spent and certainly envi- years, 80 percent over 5 years, 79 per- tax, to fix it for the people who are sion the capacity to embrace a tax cut cent over another 5 years, and 73 per- most penalized and to benefit people in an appropriate form and shape and cent over the next 5 years. So consist- who are, in fact, most injured. That is size—in that context. But if there is a ently for a period of 20 years it takes the difference between the two. That is genuine effort to do this, then we more than 50 percent, and for 15 of what people will have an option of vot- ought to be able to make that happen. those years more than 75 percent. That ing on if we are permitted to vote on it If there is simply an effort to grab so is extraordinary. in some simultaneous form. Obviously, much money that this bill goes under He stands here and says to the Mem- our hope is we will still be permitted to of its own weight, it will be very clear bers of the Senate, ‘‘All I want is’’— do that. whose intention was what, and ulti- what? 33 percent, one-third. That is Under the amendment from the Sen- mately what the impact was as a result just not the truth. The truth is that ator from Texas, he would, in fact, ac- of that. this amendment of the Senator from cording to the Centers for Disease Con- I yield the floor and I suggest the ab- Texas not only goes to the people he trol, he would take money out of the sence of a quorum. talks about, those working Americans cessation and counteradvertising and The PRESIDING OFFICER. The who will get so brutally attacked, but school-based prevention. clerk will call the roll. he is going to give money back to peo- Now, he complains this bill is some- The bill clerk proceeded to call the ple who, under the aberrations of the how going to throw money at ‘‘govern- roll. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5611 Mr. ASHCROFT. Mr. President, I ask sults on the relationship between high- ter is that 59.4 percent of all the indi- unanimous consent that the order for er tobacco taxes and youth smoking to viduals who will be paying this tax, ac- the quorum call be rescinded. the American Economics Association cording to the best estimates we have, The PRESIDING OFFICER. Without at their annual meeting in January of will be individuals whose income is less objection, it is so ordered. 1998. This is a current study. This stud- than $30,000 a year. Mr. ASHCROFT. Mr. President, I am ied young people and the way they re- So we have a massive tax bill, three- pleased to have an opportunity to par- spond in the modern culture. It con- quarters of a trillion dollars, focused ticipate in this debate regarding the cluded that higher taxes have little ef- on the lowest income people in Amer- so-called tobacco settlement. My un- fect on whether young people start to ica, on the presumption that it will derstanding of this bill does not com- smoke. Little effect. curtail smoking among young people. port with the understanding that has Here is what the study concluded: But the best academic research we been recently voiced on this floor by Taxes are not as salient to youth smoking have indicates that young people are the Senator from Massachusetts. It ap- decisions as are individual characteristics not sensitive to price. As a matter of pears to me this bill, which is a very and family background. fact, the study conducted by Cornell comprehensive bill, the dimensions of In other words, whether children University, funded by the National which are so substantial that they de- begin smoking doesn’t relate to taxes Cancer Institute, indicated that there serve clear inspection—we are talking near as much as it does to family back- is little or nonexistent impact by that about a major piece of legislation, a to- ground and characteristics of the chil- kind of tax in terms of curtailing bacco bill which includes this kind of dren. smoking by young people. This is a specificity. We are talking about a bill This study, which followed 13,000 study done by the folks at Cornell Uni- that has 17 new boards and commis- young people for 4 years, says: versity, which is a well-respected insti- sions. We are talking about a bill that We find little evidence that taxes reduce tution. We would expect that the Na- would add taxes of about $885 billion at smoking onset between 8th and 12th grades. tional Cancer Institute would fund a the maximum over the course and life They estimated that a $1.50 tax in- study that is fairly done. It studied a of the bill to the budgets of Americans. lot of children, and 4 years is a long pe- These aren’t costs that go to the to- crease would decrease the smoking onset by only about 2 percentage riod of time. We would not expect this bacco company. These will be addi- study to have been done in a slipshod tional costs to the people. points, from 21.6 percent of the 12th graders to 19.6 percent of the 12th grad- manner. It does come to the conclusion I question whether or not this kind of that indicates this isn’t a very produc- bill deserves the full examination and ers. When you suggest that the change in tive way to try to curtail youth smok- the full discussion of this Senate; that ing. The economists stated the study is a serious question. I have a suspicion the smoking habits would be that small—they had to conclude as follows, raises doubt about the claim that tax that some individuals want to curtail or price increases can substantially re- debate on this bill because the bill is fi- and I will quote from the report of Cor- nell University, a report funded by the duce youth smoking. nally being seen. There is a dawning. Well, obviously, there are very seri- The light of day is beginning to shine National Cancer Institute, which put it this way: ous doubts. But there is no doubt about on this bill. The American people are what this bill is about. It is about an Our data allow us to directly examine the seeing that 98 percent of the people are $885 billion increase in the taxes to be being taxed, while only 2 percent of the impact of changes in tax rates on youth smoking behavior . . . focused on low-income individuals in teens smoke. The 98 percent of the peo- the United States. ple that are being taxed are having In other words, they said they had Let me just cite another study. their costs go up astronomically. Not enough data to draw conclusions. Economists at the University of Mary- only are they having their costs go up . . . and our preliminary results indicate land and the University of Chicago con- astronomically, they are having their this impact is small or nonexistent. ducted a similar study that analyzed costs go up on an assumption that if So this massive tax increase—$868 data concerning more than 250,000 high you raise the cost of cigarettes by 10 billion to a new estimate of $885 bil- school seniors for the period from 1977 percent, you get a 7-percent decrease in lion—on the American people, over the to 1992. Now, this is a longitudinal the amount of utilization by young course of the life of this settlement, is study; you get from 1977 to 1992, so it is people. That is an assumption that the supposed to produce some kind of a re- a 15-year-long study. This is the largest studies do not bear out. As a matter of duced incidence of youth smoking. Yet, sample ever used for a study on the fact, the most recent studies indicate the very best data from the latest stud- subject. So you have a quarter of a mil- that an increased cost of cigarettes ies, sponsored not by the tobacco peo- lion students studied over a 15-year pe- will not curtail young people from ple, but by the National Cancer Insti- riod. smoking. It is simply not the case. At tute—a 4-year study—indicates that Here is what they found. They found best, the studies are inconclusive. At the taxes would have a small or non- the relationship between price and worse, they show that there is little existent affect. youth consumption is ‘‘substantially correlation between a price increase That reveals what this bill is all smaller’’ than suggested by previous and reduction in youth smoking. about. It is about big Government. It is studies. Let me give you some statistics about big taxes. It is about new agen- In addition, not only do we have the about this. The Cornell study was a cies. It is about an invasion of the tax- Cornell study on this idea that you can study that followed 13,000 children for 4 payers’ pockets. It is striking to note reduce smoking by 7 percent with a 10- years. This was not something that was that there is $350 million a year in this percent price increase, which says that cooked up and done in response to the bill. And with the 50 States, that is $7 it is nonexistent or would have little tobacco industry, or someone like that. million per State. That is $7 million impact at all, but this other study was It was done at Cornell University, and per State, on an average, that goes done by the University of Maryland it was a National Cancer Institute- overseas to fund studies in foreign and the University of Chicago over a funded study, so that the funding for countries about how costly cigarette 15-year period on a quarter of a million this study is credible funding. Here is smoking is in those cultures. students. It says there is a substan- what the study found: For the life of me, I can’t figure out tially smaller than previously sug- . . . little evidence that taxes reduce why we want to have Government bu- gested link between taxes and smok- smoking onset between 8th and 12th grade. reaucracy, funded by a tax on the lower ing. So in that critical exposure period income people of the United States of Many of us could just look at the cir- between 8th and 12th grade in school, America, to make it possible for Third cumstances that we see around us and there is very little evidence that in- World countries and others overseas to have an idea that price isn’t the pri- creased taxes would reduce the kind of have studies on how costly smoking is mary objective or consciousness on the growth in the numbers of individuals in their culture. A number of individ- part of young people. When we look at smoking. The economists that con- uals would prefer that they have it not young people wearing $140 tennis shoes ducted this study presented their re- be so costly here. The truth of the mat- because they have a certain logo on S5612 CONGRESSIONAL RECORD — SENATE June 4, 1998 them, I think we can get the idea that What we really have from our experi- This point was echoed by the govern- there is something in addition to price ence of observing Canada is that teens ment’s lawyer defending the FDA to- here; there is status and statement, aren’t very much affected by price. bacco rule, who told the U.S. district which are very important to young That confirms what the study indi- court, ‘‘[P]rice, apparently has very lit- people. Price becomes irrelevant in the cated at the University of Maryland tle meaning to children and smoking, context of status and statement. and Chicago. It confirms what the Cor- and, therefore, they don’t smoke ge- Let’s get out of the area of studies nell study indicated. It confirms what neric cigarettes. They go for those and look at what happened when price happened in California. What happens, three big advertised brands.’’ increases have been put into effect. In as a matter of fact, is that teens are All of a sudden, we come to this place 1989, California raised its cigarette ex- not affected very much by price. The where we are going to pile on the taxes, cise tax by 25 cents per pack, but there fact that is ignored by those who argue pile them on low-income individuals. is no evidence that cigarette smoking teen smoking declined in Canada due Those making less than $30,000 a year declined. Now, this was an 11 percent to the significant tax increases is that will pay nearly 60 percent of this $885 increase of the tax. That is a major in- youth smoking declined in the United billion tax burden. And we are doing it crease. If we were to see that kind of States by 30 percent during the same in the face of the information of these increase, we would expect there to be a period—from 1977 to 1990—without a university studies that are current, decline. No evidence of a decline. As of price increase. that are recent; in the face of the data 1994, researchers were ‘‘unable to iden- There are times when teen rates of from California, and data in Great tify a decline in prevalence [among 16- smoking haven’t gone up in either cul- Britain; and in the face of the Federal to-18-year-olds] associated with the im- ture. If they were parallel in both cul- Government’s lawyer arguing in the position of the excise tax.’’ tures as a result of other factors, and U.S. district court in the FDA tobacco In Canada—and this is the most com- taxes went up in one and not in an- case where he said, ‘‘price apparently monly cited arena cited by those who other, it makes it pretty clear that the has very little meaning to children and want to have this massive settlement tax increase in one was irrelevant to smoking.’’ They aren’t affected by imposed on the American people at the whether or not teens smoked. Here we price. cost of more than three-quarters of a have a situation where we are imposing We have a situation where we have trillion dollars to the people. In Can- a tax on 98 percent of the cigarette had cloture filed on this bill. There are ada, our neighbor to the north, the fed- consumers who are adults on the pre- those who do not want the kind of de- eral government increased cigarette sumption that it will change the smok- bate about price and about taxes, about taxes in several stages in the late 1980s ing habits of the 2 percent who are the fact that the price isn’t really as and early 1990s—from $10.75 per thou- teenagers when the studies and the real significant as they would like to por- sand cigarettes to $24.34 in 1986 per world information simply do not bear tray on teen smoking. And if we slow thousand cigarettes, then to $38.77 in out this as a justification for this kind this bill down enough for people to 1989 per thousand cigarettes, and then of massive tax increase. look at it carefully, they might figure to $62.90 in 1991 per thousand ciga- In the United Kingdom, between 1988 rettes. and 1996, the per pack price of ciga- out that this bill isn’t what is needed So you go from $10 per thousand, or rettes was increased by 26 percent. Al- at all. Certainly, most people do not about a penny a cigarette, to 6 or 7 though cigarette volumes fell by 17 per- think we need another three-quarters cents per cigarette, over the period of cent, the percentage of weekly smokers of a trillion dollars in taxes focused on time. So you had an increase, at first, aged 11 to 16 went from 8 percent in the hard-working, lower-income indi- of a penny per cigarette, and then an 1988 to 13 percent in 1996. So it turns viduals in America. increase of 6 cents per cigarette. Al- out in the United Kingdom the number This is a bill about taxes. It is a bill though it has been stated on the floor of youngsters who were smoking went about money. If you look carefully at by proponents of this legislation that up, even when the number of people this bill, it has everything from foreign smoking decreased during that period, smoking overall went down. It went up aid in it to more of the child care pro- they failed to talk about the years 1991 from 8 percent to 13 percent in spite of posals of President Clinton. It is time, to 1994. the fact there was a 26-percent increase if we are going to have taxes increased, Here is what happened. When the tax in the price of tobacco. that we do something constructive rates were the highest in that nation’s The University of Chicago, and Mary- with the tax increase, and we give it history, and when the tax rates were land, Cornell University, a study fund- back to the people in terms of respect- the highest in that nation’s history ed by the National Cancer Institute, ing an institution which America has during that period, smoking rates the experience in California, the expe- long understood to be at the core of the among 15- to 19-year-olds rose from 21 rience in Canada, the experience in potential for a bright future for this to 27 percent. That is a 25-percent in- Great Britain—these are experiences country. We are talking about the in- crease—more than a 25-percent in- which indicate to us that this is more stitution of marriage. crease in the number of teens smoking a bill about taxes than about increas- I commend Senator GRAMM who at the time when the cost of cigarettes ing the size of government. It is about brought to the floor a proposal which was at the highest in history. Frankly, sending the hard-earned dollars of indi- would eliminate the marriage penalty when the cost of cigarettes in Canada viduals in the United States overseas on individuals who are low-income in- was at the highest in history, I think it to fund these studies in other coun- dividuals, to say to them that we don’t is pretty clear from the testimony of tries, to provide a basis for a variety of think you should have to pay higher others on this floor that the black mar- interests in the United States being taxes merely because you are going to ket was operating the most aggres- well funded; but this is not a bill which be married; you are going to make the sively at that time. So we are probably addresses the issue of teen smoking in durable, lasting commitments of mar- seriously underestimating the fact that a responsible way. riage that are likely to be the basis for the growth was about 25 percent in the The Centers for Disease Control has strong families that are the foundation number of teens who were smoking. compiled data on brand preferences and the future of America, we don’t If the argument that rising prices which support the conclusion that think you should pay for that in terms will reduce teen smoking, it stands to young people are not particularly price of higher taxes. reason that youth smoking should in- sensitive. The ‘‘price value’’ or dis- Both Senator GRAMM and Senator crease as prices fall. If you are going to count segment of the cigarette market DOMENICI have indicated they would say that higher prices cause teens to comprised 39 percent of the overall cig- eliminate the marriage penalty for in- stop smoking, then lower prices would arette market in 1993. Yet, according dividuals making less than $50,000 a probably cause teens to start smoking. to the CDC, less than 14 percent of ado- year with some of the resources gen- However, a year and a half after sig- lescent smokers purchase generic or erated by this measure. Obviously, nificantly reducing tobacco taxes in other ‘‘value-priced’’ brands. On the av- there are those who are expecting to Canada, according to the ‘‘Survey on erage, the people were price sensitive, spend those resources on more govern- Smoking in Canada,’’ teen smoking but when you got to teenagers they ment programs and are terrified by the ‘‘remained stable.’’ weren’t. fact that we might think about giving June 4, 1998 CONGRESSIONAL RECORD — SENATE S5613 the money back to the people. You to be the only city in the world where third of those children who begin to have to understand this is at a time a bad decision, the decision to smoke, smoke will die early or need treatment when the U.S. Government is in sur- made by free people, becomes the basis for tobacco-related illnesses. So the plus. It is expected—even conservative for taxing those free people, taxing present $50 billion tax per year that the estimates—that there will be a $39 bil- them in ways that will make it very American people are paying will in- lion surplus this year, nearly $60 bil- difficult for them to provide for their crease. So I don’t know why it is so lion in surplus next year, and we families. hard for some people to understand shouldn’t be here debating how to My own view is that that is inappro- that if we do nothing and the present spend more of the taxpayers’ money. priate. We should reconsider the posi- trend continues, the tax burden on all We should be here debating how to give tion that is being offered here, and I Americans—high income, low-income money back. And Senators GRAMM and believe the kind of tax relief that has Americans—will go up, not down. DOMENICI, the Senator from Texas and been offered by the Senator from Texas I think it is also important to ad- the Senator from New Mexico, have and the Senator from New Mexico is dress the issue that seems to be talked come forward with a plan to reduce the kind of relief that ought to be con- about so much by opponents of the leg- taxes to the extent that you end the sidered in the event there are any taxes islation, about the burden that this marriage penalty and to say to people, in this measure. tax—I am beginning to do it myself— we are not going to penalize you for With that in mind, I will do what I that this increase in the cost of a pack having the durable, lasting commit- can to make sure that we have the op- of cigarettes will have on low-income ments of marriage that become the portunity to consider a variety of pro- Americans. foundation. posals which would extinguish and end First of all, to state the obvious, as Frankly, I am very enchanted by the the marriage penalty in our law, if the Senator from Missouri said, it was idea of eliminating the marriage pen- there are resources being collected a bad decision, and these people do alty, and this will not end the debate from the American people under the smoke, which is their choice. And I cer- on the marriage penalty. I will con- guise of a tobacco settlement. tainly sympathize with those who find tinue to offer amendments until it is Mr. President, I yield the floor. it nearly impossible or impossible to eliminated, whether this passes or not. Mr. MCCAIN. Mr. President, I respect stop. It is extremely difficult, because The marriage penalty is a pernicious the views expressed by the Senator it is an extremely addictive substance, attack on the values and principles of from Missouri. He has spoken long and but it still is a voluntary act. But also, America. It is time that we aligned the eloquently on this issue in the Cham- we find out, and it is very dishearten- policy of America with the principles ber. I did hear him just say that bad ing, that it is the children of lower-in- of the people of America. decisions by free people to smoke—bad come Americans whose smoking is in- I commend the Senator from New decisions by free people to smoke— creasing in America. And to somehow Mexico and the Senator from Texas for shouldn’t be taxed. feel that low-income or middle-income their outstanding work, but I think I am intrigued by that comment, es- or high-income Americans would not this cloture motion was filed because pecially since what we are talking do whatever is necessary not just for people are beginning to understand. about here is free children. I thought themselves but for their children I The idea is that, well, we filed cloture that the obligation of my party and think is contradictory to what I know on some other matters; maybe we Government was to care for children, and believe about the American people. should file cloture on this. I think that was to keep them out of harm’s way, Mr. President, we had not the most has been suggested. I don’t think that and do what we can to lead them into pleasant exchange that I have observed is the case. I think the people are be- better lives. in this Chamber recently, not the most ginning to understand this is a massive When the Senator from Missouri said unpleasant either, by the way, but it tax increase. And because it is, I think ‘‘bad decisions by free people,’’ I was wasn’t pleasant. Obviously, we have that cloture is inappropriate at this really sort of shocked, because the Sen- been on the bill now nearly 2 weeks. We time. We have a responsibility to de- ator from Missouri should understand know we have the press of other busi- bate what we will do with $885 billion the intent of this legislation. The in- ness. We know we have legislation that in revenue. I think it should be given tent of the legislation is to try to stop needs to be addressed—the Department back to the people who have paid it. companies that have been enticing the of Defense bill, 13 appropriations bills, With that in mind, I urge Senators to children—my children, all America’s and others are necessary. There is a oppose in every respect the motion for children—to take up a habit that is certain level of frustration that was cloture, to vote against it. This is a going to kill them. So it can be inter- manifested here. I believe we must measure which deserves the light of preted as a massive tax increase; that come to a point where we should decide day. It deserves the dawning of day. is what the latest media reports I see to end the debate—which, as I say, now The American people really ought to are—$60 million worth of attack ads has been going on for nearly 2 weeks— have a chance to look carefully at it, calling it a tax increase. That seems to or move forward with the bill. In the understand it, and to see it clearly. have been sort of accepted by the event of cloture, as we all know, ger- They ought to see it in the context of American people as fact. I guess if you mane amendments to the bill would what it seeks to do—tax individuals, spend enough money on an advertising still be in order. primarily low-income individuals, at campaign, it may have some signifi- I should also like to remind my col- very substantial rates—and the result cant effects. leagues of the consequences of going will be substantially more Govern- It seems to me that for Americans to off the bill. If we do not pass this legis- ment. The studies indicate that the im- believe that this is simply a reason to lation through the Senate and through pact on teen smoking as a result of tax them, then there has been a very the House and then in conference and that tax is very likely to be minimal, if significant effect. signed by the President, I think some existent at all. But I think we are all aware that think the issue will therefore disappear It is with that in mind that I think what we are trying to do here is cut from the American scene. Quite the we ought to take very seriously the taxes on the American people. You do contrary, Mr. President. The reality is proposals to abolish, to take the tax that by stopping people from smoking, that if the Congress does nothing, then out of this bill. And if we don’t do that, because right now $50 billion a year in there are 37, and perhaps more, attor- we ought to do what we can to give Americans’ tax dollars go to treatment neys general who are lined up to sue back the money which is collected of tobacco-related illnesses. And that the tobacco companies for the injuries from the hard-working people of Amer- $50 billion a year, Mr. President, is not that have been inflicted on the people ica. The idea that we should somehow a static number, because according to of their States. proliferate Government in response to the Centers for Disease Control, and I think there are several drawbacks this situation is an idea which, when other sources, children smoking is to this course of action. One of them, exposed to the full light of understand- going up in America; therefore, you are to state the obvious, is that the ing, will be rejected by the American going to have more people who need amount of legal fees that will go, the people. Certainly Washington appears treatment because approximately a amount of money that will go in the S5614 CONGRESSIONAL RECORD — SENATE June 4, 1998 form of legal fees, to the plaintiffs’ have, in a beneficial fashion, on chil- begin to smoke. We can debate whether lawyers will be dramatically higher dren in America. this is a good bill or a bad bill and how than that envisioned by this bill and, There are some on this floor who it should be changed, but there is one frankly, will be much higher than what have said raising the price of a pack of fact that cannot be changed, and that I would envision in an amendment that cigarettes will not do it, these ces- is what it is doing to the young people will be passed in the Senate which will sation programs don’t do it, et cetera. of America. place further restrictions on attorneys’ I think they are entitled to their opin- So I would argue if, at the end of fees. ions on that issue, but I depend upon today, 3,000 more children have started Second, of course, is that it will be a the opinion of experts. I depend upon to smoke and 1,000 of them will die long, drawn out process. I do not think the opinion of every living Surgeon early, maybe we ought to spend more there is any doubt as to who would pre- General since 1973—every living Sur- time here and get this issue resolved vail. There have been trials in four geon General in America. Their letter and maybe not go home this weekend. States, all of which have not gone to a has long ago been made part of the Maybe we should spend this weekend jury because the tobacco companies, RECORD. They say that you have to debating this issue, trying to reach for obvious reasons, have chosen to set- have a comprehensive approach to this some conclusion. Instead, either late tle, the last being the State of Min- problem. I agree with every—literally tonight or early tomorrow morning we nesota—$6.5 billion was the agreement every—public health group in America, will all be gone. The majority leader by the industry. And along with that whoever they are, you name them—I just talked a little while ago about how agreement, with that settlement, was read the list of them into the RECORD hard it is to get people here on Mon- an agreement by the tobacco compa- the other day—who say you have to day. nies to do many of the things that have have a comprehensive settlement if Perhaps—perhaps—we will go to work maybe on Tuesday. Friday, Sat- been attacked on this floor. you want to stop kids from smoking. I urday, Sunday, Monday—4 days; 12,000 A massive tax hike? Guess what, the agree with Dr. Koop. I agree with Dr. young people will begin to smoke while price of cigarettes all over America Kessler. I agree with the eminent peo- we enjoy our extended weekend. went up 5 cents because of the require- ple in America who have spent their ment to settle the Minnesota case. I I believe that we should try and keep lives, literally, on this issue, who say that in mind. My argument, Mr. Presi- think it is also of some interest that don’t think you can solve it by just a dent, in a rather drawn-out fashion, is the $6.5 billion that the tobacco indus- simple tax increase. that there are compelling reasons why try agreed to is roughly double the I would also like to say I think the we should act on this issue either one amount that would have been received States deserve reimbursement. We, on way or another. Maybe in the wisdom under the settlement that was an this side of the aisle, at least, have al- of the Senate this is not a good piece of agreement entered into between the at- ways advocated a situation where we legislation, and we should drop it. But torneys general and the tobacco indus- try to reduce the financial burden on let’s go ahead and drop it sooner rather try. So the cost, if you go on a State- the States. We are always pleased and than later so that the process will by-State basis, assuming that they all proud when we pass things like no un- begin in the other 36 States that have either settle or juries award large set- funded mandates and return money to sued the Federal Government; the addi- tlements, then the cost goes up. And the States to use however they want, tional 10 that, I am sure, will be in the so-called tax, massive tax that is so since, after all, it is theirs that they line; so that the plaintiffs who have concerning to many of my colleagues, send to Washington, DC. If we do not suffered injury and the relatives of is higher. When you extrapolate it out do this settlement, of course, there will those who have suffered deaths because over all 40 States that are in court— be no money that goes back to the of tobacco can begin their trip to the and I imagine the other 10 would join States; it will all just come to the Fed- courthouse so that they can receive the sooner or later—then that is more eral coffers, and bureaucrats will then compensation they feel they deserve money added to the cost of a pack of decide, or one can make the case that because of what happened to them as a cigarettes than envisioned by this leg- the appropriators will decide. result of years of tobacco—whether islation. So the Senator from Missouri made they deserve that or not is up to a But let me tell you what bothers me an eloquent argument that we should judge and jury—but especially the at- the most about having these cases go continue debate on this issue and that torneys general awaiting to see what to the States—which they will. I would we should not cut off debate because the U.S. Congress does. I hope that we like the Senator from Missouri to find the American people need to be better can act in as rapid and efficient fashion me one legal expert in America who informed. I would say to the Senator as possible. does not believe that the day that this from Missouri, who I note is here on I remind my colleagues that I was legislation leaves the floor of the Sen- the floor, they have been pretty well asked, as chairman of the Commerce ate there will be, in the words of a informed by somewhere between a $60 Committee, to bring this bill to the well-known plaintiff’s lawyer, a ‘‘rush million and a $100 million tobacco ad- floor of the Senate and to get it to the courthouse,’’ not only by the at- vertising campaign by the tobacco through my committee. We had a full torneys general but by many of the companies. They have been pretty well day of markup, and I am in disagree- plaintiffs’ lawyers in America. saturated in that area. Most major ment with the remarks the Senator But what bothers me the most about pieces of legislation—the expansion of from Missouri made the other day this, and the reason I am saddened a NATO, for example—in the 12 years about discouraging amendments. I, in bit to contemplate it, is the fundamen- that I have been here, almost every fact, encouraged amendments, and the tal purpose of this legislation is to act major piece of legislation takes about 2 Senator from Missouri had several as soon as possible to stop the children to 3 weeks. And, of course, that is only which were voted on. They had to do from beginning to smoke. The day the the largest legislation that we con- with product liability. They didn’t President signed this bill, massive sider. have anything to do with reduction of amounts of money would be spent to I also think there are many, many taxes. But that was the right of the begin youth smoking cessation pro- organizations out there who are in- Senator from Missouri. grams. Large amounts of money would forming the American people. But, I don’t believe he could find any of be spent on research, not only to find again, far more important than that, my colleagues who would argue that out what causes kids to smoke, but there are people who are suffering from there wasn’t a full addressing of that also to find cures for these terrible dis- very terrible diseases as a result of legislation during that day. At no time eases, the largest causes of death in their use of tobacco, and the sooner we did I try to cut off anyone’s right to America—the heart disease, the lung get money into research and find cures propose an amendment on a piece of cancer, the emphysema—the terrible for these terrible diseases, the better legislation that serious. In fact, if I re- ways that people die as a result of the off they will be and we will be as a na- member, I was somewhat entertained use of tobacco. So, all that will be de- tion. Every single day that we debate the Senator from Missouri even pro- layed. And the most terrible delay, of this issue and not bring it to some con- posed as an amendment a piece of leg- course, will be the effect that we could clusion or the other, 3,000 children will islation which I and Senator June 4, 1998 CONGRESSIONAL RECORD — SENATE S5615

LIEBERMAN have cosponsored, which of cigarettes by teenagers illegal or in- companies as much as I am about the was his right. But I don’t believe that appropriate in the bill. people of the United States. They are anyone was shorted during that very This Congress has authority over the the ones who deserve reimbursement, if interesting markup. In fact, literally District of Columbia. If we really were anybody deserves reimbursement. every Senator on the committee was serious about saying it is wrong for And here we have an elevated taking heard from and, again, in my 12 years youngsters to have cigarettes or to by the Federal Government, another on the committee, I have never seen have tobacco or thought it inappropri- three-quarters of a trillion dollars over nor been part of such an extensive ate, we could make it illegal for them, the life of this bill—taking from these markup as took place on this bill in but this bill doesn’t do that. people instead of giving to them. We the Commerce Committee. What does this bill do? This bill come to do this at a time when the I was asked to bring this bill to the raises taxes. It creates new government Federal Government is looking at a floor, and it was reported out of the programs. It funds the priorities of the revenue surplus. committee by a 19-to-1 vote. Then the Clinton administration. It is an $885 It just seems to me that we ought to majority leader scheduled it for floor billion tax increase, and who pays the be debating how to give back the debate, which is the responsibility of tax? The tax gets paid by low-income money to the people rather than tak- the majority leader. individuals. Mr. President, 59.4 percent ing these resources from the people. I I, along with the Senator from Mas- of the individuals who will be paying do not object to amendments. I do not sachusetts, have tried to manage this this tax will be individuals who earn object to a UC which would allow fur- bill. But I say to my colleagues, there less than $30,000 a year. ther amendments. Very seldom do we is no point in us staying on this bill Some have said, ‘‘Well, we should be have bills here where we get it right forever. It is obvious that we won’t. voting on amendments.’’ I agree we the first time. I think it is good to For example, today we have not had a should. There was a unanimous consent have debate on these issues. I think it single amendment voted on, and we order proposed today which provided is good that the studies be brought for- seem to be hung up in some kind of for votes. I agreed to it. I didn’t stop it. ward. It is good that the people have an parliamentary maneuvering which The majority leader proposed it. He opportunity to see exactly what the some observers might say is a reason proposed to have votes to lay these community has been able to decide to impede the progress of the bill, be- issues in a context where they could be when it has observed the facts, the re- cause we all know we don’t stay on any dealt with, where they could be voted ality of situations not only here but in piece of legislation forever. on, where they could be disposed of, other settings. I hope we can work out our dif- and those on the other side of the aisle It is with that in mind, I believe it is ferences. There are pending amend- rejected it. important to move forward with the ments. There is a very important drug We can’t have it both ways. We can’t amendments, like that of the Senator amendment we would have liked to say that this is a bill which is going to from Texas and the Senator from New have brought up today. I don’t know if stop people from smoking and we are Mexico which would abolish the mar- we will. It is nearly 4 o’clock now. But going to collect $885 billion when they riage penalty, to say to those families, I believe it is important that we either do smoke. If they stop smoking, the ‘‘We want you to be able to have the move forward and resolve the issue, or money won’t be there. What we all kind of right to deploy your own re- we go on to other issues that are com- know is they are going to keep smok- sources rather than have Government pelling issues as well. The Department ing; that is why the money will be spend the money. And we don’t think of Defense authorization bill—and I am there. we should penalize you because you a member of the Armed Services Com- We can’t say this will help the chil- have involved yourself in the durable, mittee—is waiting to be debated and dren of poor families when we are going lasting commitments that form the resolved. It is very important that we to make the poor families pay $1,200, basis of the family,’’ the most impor- address the needs of the men and $1,600 a year in taxes and take that off tant institution in our culture. women in the military and our Na- the table of those families and out of So it is with that in mind that I have tion’s security. There are many other their budgets. We can’t say we are risen to criticize this bill and to pieces of legislation that are awaiting going to stop teens from smoking when unmask it. This bill is substantial. It action on the part of the Senate, which we don’t even care enough to make it has more pages than the average per- argues that we proceed with this legis- illegal for teens, where we have juris- son probably reads, more pages than lation or move off it. diction, to possess cigarettes. the average Senator reads. And reading I would feel rather badly if we do, but This is a tax bill. It is a massive tax this bill is important. It is in here that I also point out that, in my own very bill. It is a massive government bill. It you find out about the Federal pro- subjective view, I would have done promotes government agencies not grams that are tucked away, the man- whatever I could to see that this issue only in the United States but overseas. dated spending for the States. It is in was brought to completion. There is $350 million each year in this here that you find out about the kind Mr. President, I yield the floor. bill to send overseas, so that countries of special limitations that were to be Mr. ASHCROFT addressed the Chair. overseas can conduct studies about provided to the cigarette companies in The PRESIDING OFFICER. The Sen- what it costs to smoke in other coun- terms of their liability. If you care so ator from Missouri. tries, not the United States of Amer- much about the children, why limit the Mr. ASHCROFT. Mr. President, I ap- ica. amount of money in damages that to- preciate the fact that people want to I think this is the kind of priority bacco companies would have to pay in? make this a bill about cessation of teen that no wonder people don’t want this Why provide them with a special sanc- smoking. I want teens not to smoke. It bill slowed down enough for the Amer- tuary? puzzles me, though, that they look past ican public to see: Taxing people who It is this bill that deserves our con- the studies: Cornell University, with make less than $30,000 a year in the sideration. It is in here that you find 13,000 students showing that price United States to fund studies overseas the massive tax increases and the doesn’t make much difference at all to so that they can conduct studies about spending on new and other programs. I them. They look past the University of what it costs to have cigarette smok- believe we ought to add to this that if Chicago and University of Maryland ing in other countries. I don’t believe we are going to have taxes, we will give saying that price is way overrated. that is what Americans are interested the taxes back by way of saying, as the They look past the experience of Can- in. That is not going to help young peo- Senator from Texas and the Senator ada when price was going up dramati- ple in the United States. from New Mexico have said in their cally, smoking was going up among The Senator from Arizona says the proposal, the marriage penalty ought young people. They look past the States deserve reimbursement. He said to be abolished for individuals making United Kingdom where smoking went this is hard on the States, and then he $50,000 or less. I would abolish it for all up among teens when price was going sort of bragged about how hard this is individuals. And, frankly, I am going up, and they talk about teen smoking, on tobacco companies. I am not wor- to continue offering amendments about and yet they don’t make the possession ried about the States or the tobacco the way to spend the money, not to S5616 CONGRESSIONAL RECORD — SENATE June 4, 1998 spend it through Government but to the durable commitment, the lasting ip Morris, less than a year ago, told ev- send this money back to the American bond that comes when people are mar- eryone involved in the tobacco indus- people. They earned it. They should ried and are now penalized for that in try negotiations that, ‘‘Children are have the opportunity to spend it. The our Tax Code. This would be an oppor- three times more price responsive than idea, ‘‘You send it; we spend it,’’ being tunity, according to the plan of the adults.’’ the slogan of this place is a bad idea. It Senators from New Mexico and Texas, That is the chief financial officer for should be, ‘‘You earned it; we returned to alleviate that. Philip Morris. it.’’ I yield the floor. The National Academy of Sciences, It is not wasted on me that the clo- Mr. McCAIN addressed the Chair. in its 1998 report, ‘‘Taking Action to ture motion was filed when the debate The PRESIDING OFFICER (Mr. Reduce Tobacco Use’’—the Institute of on the marriage penalty got going. A ENZI). The Chair recognizes the Sen- Medicine and the National Academy of lot of people don’t want to unmask the ator from Arizona. Sciences concluded that ‘‘the single policy of this country that we penalize Mr. McCAIN. Mr. President, very most direct and reliable method for re- people for being married. A lot of peo- briefly, the Senator from Missouri ducing consumption is to increase the ple don’t want to debate the issue of states that there are many studies and price of tobacco products, thus encour- whether we should have all these new documents that indicate that increas- aging the cessation and reducing the programs or whether we should give ing the price of a pack of cigarettes level. . ..’’ people the money back that they will not have an effect on kids smok- This list goes on and on. I know the earned and we took from them merely ing. Senator from West Virginia was here a because they were married. Let me refer him to the people who second ago and wants to talk. I do not blame people for not wanting know it best, the absolute ultimate ex- The 1994 Surgeon General’s report to reveal if they are against wanting to perts on the cost of a pack of cigarettes preventing tobacco use among young give the American people their money in America—the tobacco companies. I people—now, the Surgeon General is back, that if the American people learn say to the Senator from Missouri, in fairly well respected—reached the con- we are taking their money simply be- the documents revealed by the tobacco clusion that increases in the real price cause they are married, that we have companies themselves, a Philip Morris of cigarettes significantly reduce ciga- the opportunity to give it back but we document: rette smoking, and that the young peo- would rather give it back to programs In any event, and for whatever reason, it is ple are at least as price sensitive as here in Washington or even overseas. clear that price has a pronounced effect on adults. That is an embarrassment. It is no the smoking prevalence of teenagers. . .. The 1998 Surgeon General’s report wonder individuals want cloture filed I hope that the Senator from Mis- issued within the last month agrees and feel we should shut down debate. souri would read from the documents with this conclusion. I do not want to shut down debate, that the tobacco companies themselves What is important, though, really, but we should move forward with tax had to disclose because of court order. are the tobacco companies themselves. relief for the American people, and we Philip Morris: The following quotes I say if you can believe anybody, should be very reluctant about impos- are from a Philip Morris 1981 document maybe you might believe the people ing $885 billion of new taxes in the based on the company’s review of re- who are in the business of enticing kids name of programs for which it is ac- search by the National Bureau of Eco- to smoke. cordingly suggested that somehow nomic Research on the impact of price Brown & Williamson: young people will not begin smoking. on tobacco use. Because of the quality The studies reported on youngsters’ moti- The idea young people start smoking of the work, the prestige and objectiv- vation for starting, their brand preferences at 3,000 a day—it may be true. If we can ity of the National Bureau of Economic as well as the starting behavior of children believe the studies at the University of Research has not changed in 30 years. I as young at five years old. The studies exam- Chicago, the University of Maryland, think we need to take seriously their ined younger smokers’ attitudes toward ad- Cornell University, if we can believe statement that, ‘‘If future reductions diction, containing multiple references as to the experience of California, Canada, in youth smoking are desired, an in- how very young smokers first believe they cannot become addicted only to later dis- the United Kingdom, the kinds of crease in Federal excise tax is a potent cover to their regret, that they are. things they have talked about in these policy to accomplish this goal.’’ Brown & Williamson: taxes here that are involved in this bill In any event, and for whatever reason, it is will not make a difference. clear that price has a pronounced effect on . . . nicotine is addictive. We are then in The truth of the matter is, the aca- the smoking prevalence of teenagers, and the business of selling nicotine, an addictive demic studies of thousands, tens of that the goals of reducing teenage smoking drug, effective in the release of stress mecha- nism. thousands, hundreds of thousands, indi- and balancing the budget would both be cate that to talk about taxes making a served by increasing the federal excise tax on RJR consultant: big difference in youth smoking is cigarettes. Happily for the tobacco industry, nicotine overstated. And these are not studies Philip Morris, in a quote from a 1987 is both habituating and unique in its variety by interest groups; these are studies by document: Philip Morris laments the of physiological actions. the National Cancer Institute; these teen smokers that it lost due to price I won’t go on except to summarize are studies by the University of Mary- increases. again from the Philip Morris docu- land, the University of Chicago, Cor- You may recall from the article I sent you ment: nell University. that Jeffrey Harris of MIT calculated . . . the In any event, for whatever reason, it is So it is time for us to understand this 1982 and 1983 round of price increases caused clear that price has a pronounced effect on debate is about taxes. It is a debate two million adults to quit smoking and pre- the smoking preference of teenagers. vented 600,000 teenagers from starting to about Government—big taxes, big Gov- smoke. Those teenagers are now 18 to 21 I imagine there are studies that the ernment; massive taxes, massive Gov- years old, and 35 percent of older smokers Senator from Missouri could produce ernment. smoke a PM brand. This means that 700,000 to which he referred. We are not even making illegal the of those adult quitters have been PM smok- The people who are the final experts possession of cigarettes for children in ers and 420,000 of the nonsmokers would have on this are the people who sold it to the District of Columbia. If we thought been PM smokers. the kids. And they know, and we all that was really important, we could A 1982 RJR document, on the tobacco know, that it is price sensitive as far as add that to this bill. No; that has not industry’s analysis that price increases kids smoking is concerned. To think been done. We just simply make it pos- have a significant impact on youth otherwise flies in the face of the over- sible for Government to grow. No won- smoking: This analysis actually cal- whelming body of evidence, not only in der people are uncomfortable, espe- culates the number of new smokers the words of the tobacco companies, cially when there is a proposal that lost among kids as young as 13 years but the Surgeon General of the United says we could allow families to grow by old, and every other age between 13 and States of America. returning the money to families and 18, if prices are increased. Philip Mor- We want to call it a tax, call it a tax. stop penalizing them just for having ris—the chief financial officer for Phil- Don’t say it isn’t going to affect kids June 4, 1998 CONGRESSIONAL RECORD — SENATE S5617 smoking, because the overwhelming on human rights, has really done some laws, including the provisions on ‘‘en- body of evidence says that it does. Ev- magnificent work, and I think this dangering state security,’’ which were erybody is entitled to their opinion but State Department report is extremely added to the criminal code in March of not everybody is entitled to the facts. important. 1997; and release unconditionally all I suggest the absence of a quorum. What we are going to call on the political, religious, and labor activists The PRESIDING OFFICER. The President to do in our amendment— detained for their peaceful, nonviolent clerk will call the roll. and we will have a vote on it next involvement. In other words, it is im- The legislative clerk proceeded to week. I think it is terribly important portant to understand, when someone call the roll. the Senate go on record before the like Wei is released, that releasing Mr. WELLSTONE. Mr. President, I President’s visit, because the President some individuals doesn’t deal with 2,000 ask unanimous consent that the order is going to visit China. Whether Sen- political prisoners that you have in for the quorum call be rescinded. ators think he should or not, the Presi- prison. That doesn’t deal with all sorts The PRESIDING OFFICER. Without dent is going to visit. I personally of prisoners in forced labor camps. The objection, it is so ordered. think it is not unimportant to be hav- President has to call upon the Chinese Mr. WELLSTONE. Mr. President, I ing a discussion with the Government Government to live up to basic human ask unanimous consent that I be al- there. I am not opposed to a discussion. rights standards—that is where our lowed to speak for 15 minutes as if in But the question is what kind of dis- country should be; that is what we morning business. cussion, what kind of visit, and what should stand for—and review the sen- The PRESIDING OFFICER. Without does the President say. tences of more than 2,000 who have objection, it is so ordered. At the very minimum, we are going been convicted of so-called Mr. WELLSTONE. I thank the Chair. to call upon the President to secure counterrevolutionary crimes with a f from China’s leaders a pledge to re- view toward granting full amnesty. move by a certain date the names on Mr. President, I come to the floor HUMAN RIGHTS CONDITIONS IN the official reentry black list, which today because it is the anniversary of CHINA AND TIBET now contains the names of more than the massacre at Tiananmen Square, Mr. WELLSTONE. Mr. President, 50 Chinese living in the United States and I think it is really important that earlier this week, I spoke of a resolu- who cannot return to China because of we speak up. I think the Chinese Gov- tion on China that I introduced and their advocacy of democracy and free- ernment would like nothing more than that we will offer as an amendment as dom. In other words, there are some for Americans not to speak up. I think soon as there is a vehicle to work with, people in our country who think the the Chinese Government would like for I think probably next week—certainly fact that Wei Jingsheng, who was re- the world to forget what happened. We before the President’s visit to China. I leased from prison, is now in our coun- cannot. But above and beyond that, I wanted to briefly summarize it. Let me try, exiled in our country is a sign he do not want this just to be dramatic in just say that I am really pleased to has his freedom. I doubt any American the worst way or symbolic. I think have the support of Senator LUGAR, would feel he or she was free if they what the President can do if he is going Senator DURBIN, Senator LEAHY and were exiled from our country and told, to visit China is not go to Tiananmen Senator FEINGOLD, and I think there if you come back to the United States, Square, certainly visit the families of will be very strong bipartisan support you will be immediately arrested. That the victims of Tiananmen Square, and for this, what will be an amendment. hardly represents freedom. So we want certainly give some powerful speeches The focus is on human rights condi- to make sure that by a certain date the and statements while in China which tions in China and Tibet. Let me just Chinese Government removes these call upon the Chinese Government to say I don’t come to the floor in a spirit names on this official reentry black- release people who are in prison for of bashing our President. Since our list. having committed no other crime than President will be the first head of state Second of all, that the President— to speak out for democracy and free- of our country to visit China since the and let me emphasize this. I empha- dom; for the President to say to the 1989 crackdown where really students— sized it this morning—visit family Government of China—frankly, we I see pages here—young people your members of the victims of the 1989 should be saying it to governments all age were murdered, gave their lives, massacre, many of whom still suffer over the world that do this—you can- and for the ‘‘crime’’ of just simply call- from political harassment, discrimina- not persecute people because of their ing for the country to be a democracy, tion, or persecution. religious practice or because of their I wish the President would not go to I will say in this Chamber: Mr. Presi- political viewpoint. We have to be on Tiananmen Square. I think that is a dent, if you are going to visit China, I the side of human rights throughout mistake. My worry is that regardless of hope you don’t go to Tiananmen the world. I really hope that next what statements the President makes Square. I hope you will give some week, if not tomorrow—the first oppor- about human rights in China—and I forceful speeches on human rights, but tunity I get I will bring this amend- hope he will make some powerful state- at the very minimum you could convey ment to the floor —we would get very ments—the symbolism of visiting that a very powerful message to the world, strong support for this amendment. very sacred place where students were to people in China, to the Chinese Gov- Mr. President, I see my colleague murdered will overwhelm everything ernment, and to these families if you from Nevada is here, and I will yield else and will be taken, will be used by would visit the family members, or the floor. the Government or will be interpreted some of the family members of victims Mr. BRYAN. Mr. President, first, I by people in China as reflecting a kind of the 1989 massacre, many of whom would like to thank my colleague from of carte blanche support of the Govern- today suffer from political harassment Minnesota for his unfailing courtesy. ment. I think that would be a mistake. and discrimination and persecution. I Mr. President, I ask unanimous con- Now, I want to refer to the State De- think that would be a powerful mes- sent that I might speak as if in morn- partment’s China country report this sage. I believe the President should do ing business for a period of time not to past year on human rights and prac- this. exceed 7 minutes. tices. This is not my report. This is our Third of all, I think the President ab- The PRESIDING OFFICER. Without own State Department report. solutely has to urge Chinese leaders to objection, it is so ordered. The Government continues to commit engage in a meaningful dialog with the Mr. BRYAN. I thank the Chair. widespread and well documented human Dalai Lama, with the aim of establish- (The remarks of Mr. BRYAN pertain- rights abuses in violation of internationally ing genuine cultural and religious au- ing to the submission of S. Res. 243 are accepted norms stemming from the authori- tonomy in Tibet. In the past year, mat- located in today’s RECORD under ‘‘Sub- ties’ intolerance of dissent, fear of unrest, ters have only gotten worse in Tibet. mission of Concurrent and Senate Res- and the absence or inadequacy of laws pro- No one is arguing to the contrary. No olutions.’’) tecting basic freedoms. one is arguing to the contrary. Mr. BRYAN. Mr. President, I yield I think the Assistant Secretary of The President must call upon China the floor and suggest the absence of a State, John Shattuck, who has focused to revise its vague, draconian security quorum. S5618 CONGRESSIONAL RECORD — SENATE June 4, 1998 The PRESIDING OFFICER. The With so much at stake for so many of dramatic evidence of industry wrong- clerk will call the roll. our children, it is truly irresponsible doing. That would not be fair. Even if The bill clerk proceeded to call the for the opponents of this legislation to every dollar intended for the States roll. practice the politics of obstruction. Let was taken to fund the Gramm amend- Mr. KENNEDY. Mr. President, I ask the Senate vote. ment, it would not be enough to cover unanimous consent that the order for There are two pending amendments the cost. the quorum call be rescinded. before us today—the Gramm amend- Does he propose to eliminate all The PRESIDING OFFICER. Without ment on the marriage penalty and the transition assistance for tobacco farm- objection, it is so ordered. Durbin-DeWine amendment on the ers and communities? It would not f youth smoking reduction lookback. I even cover one-third of the cost of the NATIONAL TOBACCO POLICY AND would like to address each of them in Gramm amendment. All of the remaining dollars are di- YOUTH SMOKING REDUCTION ACT turn. The pending amendment by the Sen- rected to smoking prevention, to smok- The Senate continued with the con- ator from Texas seeks to divert $52 bil- ing cessation, and to medical research. sideration of the bill. lion over the next 5 years away from These initiatives are the heart of the Mr. KENNEDY. Mr. President, the smoking prevention, away from smok- legislation. If we are serious about Senate debate on this landmark youth ing cessation, away from medical re- stopping children from smoking and smoking reduction bill began more search, and away from reimbursing saving lives from tobacco-induced dis- than two weeks ago. The time for de- states. He proposes to take 80 percent eases, we have to make these invest- bate on this legislation is rapidly draw- of all the money raised by the cigarette ments. Would the Senator from Texas ing to a close. Each of us has had propose that we take money from these ample opportunity to state our views. price increase and use it for unrelated tax cuts. No funds would be left for programs and use it to fund an unre- The Senate should commit to a vote on lated tax cut instead? How can we in final passage within a week. We owe it programs which are essential to reduc- ing youth smoking and to helping cur- good conscience raise the price of ciga- to our children who are being en- rettes and then refuse to fund pro- trapped into a life of addiction and pre- rent smokers quit. By offering such an amendment, the grams which will address the evils of mature death by the tobacco industry Senator from Texas shows his true in- smoking? These programs work. Let every day. tent. It is he who wants to convert this me give you a few examples: The opponents of this legislation Every dollar invested in a smoking have used every parliamentary tool at legislation from a youth smoking pre- vention bill into a piggybank for unre- cessation program for a pregnant their disposal to extend the debate and woman saves $6 in costs for neonatal to divert attention to unrelated issues. lated projects. Although he has com- plained that the tobacco bill is a intensive care and long-term care for They want to talk about every subject low-birthweight babies. The effect of but the impact of smoking on the na- piggybank that Democrats are using to fund new programs, in fact it is the the Gramm amendment would be to re- tion’s health. However, the real issue duce funds for these programs, and cannot be obscured by their verbal Gramm amendment which would hog 80 percent of the money taking resources that makes no sense. smokescreen. It is time for us to move The Gramm amendment would take which are needed to prevent young from talking to voting. funds intended to assist states and Americans from beginning to smoke Each day that the opponents delay communities to conduct educational and to help current smokers overcome final Senate passage of this bill, 3,000 programs on the health dangers of their addiction. These numbers speak more children begin to smoke. A third smoking. The tobacco industry spends for themselves. This tax cut was not of these children will die prematurely $5 billion a year—$5 billion—on adver- designed to help working families—it from lung cancer, emphysema, heart tising to encourage young people to disease, or other smoking-caused ill- was intended to destroy the underlying smoke. Shouldn’t we spend at least one nesses. smoking prevention legislation. tenth of that amount to counteract the The criticism of the Gramm amend- Each day that we delay, the price of industry’s lethal message? a pack of cigarettes will continue to be ment has been so strong and so wide- Counteradvertising is a key element affordable to the nation’s children, and spread that even the sponsor has of an effective tobacco control strat- more and more of them will take up agreed to reduce the size of the pro- egy. We know that if children are eas- this deadly habit. posed moneygrab. Under his new pro- ily swayed by the tobacco industry’s Each day that we delay, Big Tobacco posal, he only wants to take one-third marketing campaigns, which promise will continue to target children with of the revenue generated in the first 5 popularity, excitement, and success for billions of dollars in advertising and years and one-half of the money in suc- those who take up smoking, we can re- promotional giveaways that promise ceeding years. That would amount to verse the damage by deglamorizing the popularity, excitement, and success for approximately $60 billion over a 10-year use of tobacco among children with young men and women who start period. It would still cripple the smok- counteradvertising. smoking. ing prevention and cessation efforts Both Massachusetts and California Each day that we delay, millions of which are essential to effectively re- have demonstrated that paid nonsmokers will be exposed to second- ducing youth smoking. counteradvertising can cut smoking hand smoke. According to the Environ- All of the money raised by the ciga- rates. It helped reduce cigarette use in mental Protection Agency, secondhand rette price increase contained in the Massachusetts by 17 percent between smoke causes 3,000 to 5,000 lung cancer legislation is currently earmarked for 1992 and 1996, or three times the na- deaths each year in the United States— smoking related purposes: 22 percent is tional average. Smoking by junior high more than all other regulated hazard- directed to smoking prevention and students dropped 8 percent, while the ous air pollutants combined. Second- cessation, 22 percent is to be used for rest of the nation has seen an increase. hand smoke is also responsible for as medical research, 16 percent is for tran- In California, a counteradvertising many as 60 percent of cases of asthma, sitional assistance for tobacco farmers, campaign also reduced smoking rates bronchitis, and wheezing among young and 40 percent is to compensate states by 15 percent over the last 3 years. children. for the cost of medical treatment of The Gramm amendment also would Each day that we delay, tobacco will smoking related illnesses. There it is, take money from law enforcement ef- remain virtually the only product man- Mr. President. forts to prevent the sale of tobacco ufactured for human consumption that Which of these smoking related ini- products to minors, even though young is not subject to Federal health and tiatives would the Senator from Texas people currently spend $1 billion a year safety regulations, despite the fact eliminate? Does he propose to elimi- to buy tobacco products illegally. that it causes over 400,000 deaths a nate all compensation to the States for The Gramm amendment will dimin- year. In fact, Kraft Cheese is more their tobacco related health costs? ish funding for medical research on to- heavily regulated than Marlboro ciga- After all, it was the State lawsuits bacco-related diseases, which kill rettes, although both are manufactured which provided the genesis for this leg- 400,000 Americans each year and inca- by Philip Morris. islation and which exposed the most pacitates millions more. Given the June 4, 1998 CONGRESSIONAL RECORD — SENATE S5619 damage that smoking inflicts on the nately industrywide system to a pre- The PRESIDING OFFICER. Without nation’s public health, it make little dominately company-specific system. objection, it is so ordered. sense to divert tobacco revenues to tax This will dramatically increase the de- Mr. DOMENICI. Mr. President, I ask cuts when they could be directed to terrent influence of the look-back on unanimous consent that I be permitted finding a cure for cancer and other to- company policy. to proceed as in morning business for bacco-induced illnesses. Since tobacco The current McCain provision pro- up to 7 minutes. induced disease costs America $130 bil- vides for a maximum industrywide pen- The PRESIDING OFFICER. Without lion per year, it certainly is not cost alty of $4 billion, or about 20 cents a objection, it is so ordered. The Senator effective to reduce research spending. pack. The company-specific portion is is recognized to proceed as in morning In essence, the Gramm amendment extremely small, amounting to only a business. would destroy much of the public few pennies per pack. The Durbin- Mr. DOMENICI. I thank the Chair. health benefit this legislation is de- DeWine amendment provides for sub- (The remarks of Mr. DOMENICI per- signed to achieve. It would be a tragic stantial company-specific penalties, taining to the introduction of S. 2133 mistake. which in the aggregate could reach $5 are located in today’s RECORD under The goal of eliminating the marriage billion per year if companies continue ‘‘Statements on Introduced Bills and penalty for low and moderate income to flaunt the law and blatantly target Joint Resolutions.’’) families is a worthy one. It is shared on children. The amendment also provides f both sides of the aisle. However, it for an industrywide surcharge of up to TRIBUTE TO SENATOR BARRY must be accomplished in a way that $2 billion a year. GOLDWATER does not imperil our primary goal—pre- Through this important amendment Mr. DOMENICI. Mr. President, I venting youth smoking and helping we are speaking to the tobacco compa- want to just take a couple minutes to smokers overcome their addiction. nies in the only language they under- express my respects for Senator Barry I anticipate that an alternative stand—money. If they continue to tar- Goldwater. I was unable to attend the amendment will be offered which will get children, these companies will pay services yesterday with Senators. I was provide relief from the marriage pen- a financial price far in excess of the just getting over a very bad chest cold, alty without imperiling our smoking profits raised from addicting children. and I decided that I would try to re- prevention efforts. It will cost far less But if they are willing to cooperate coup a little here. I wish I could have than the Gramm amendment, and it in efforts to prevent teenage smoking, been there. will do a much better job of targeting the companies may never have to pay a Senator Goldwater was obviously an tax relief to those most in need. dollar of look-back surcharges. A unflinching patriot whose life, in many That is the difference between pre- strong, company-specific look-back, ways, mirrored the American experi- serving a viable youth smoking reduc- such as the one we are proposing, will ence. He was rugged, independent, and tion effort and destroying it. That is give the tobacco companies a powerful unarguably his own man. the difference between helping millions financial incentive to use their skill in I am deeply saddened by his passing. of smokers quit and leaving them at market manipulation to further, rather When I first arrived as a freshman Sen- the mercy of their addiction. That is than undermine, the public interest in ator, Senator Goldwater offered me en- the difference between advancing medi- reducing youth smoking. couragement, and when I became budg- cal research that can cure tobacco in- Each tobacco company must be held et chairman, provided inspiration when duced diseases and indefinitely delay- accountable for its actions on teenage I first tackled the tough budget issues ing it. smoking. The stakes involved are noth- we faced in the early 1980s. The second issue I want to address is ing less than the health of the Nation’s He was a dedicated American and the Durbin-DeWine look-back amend- children. For each percentage point Senator, always willing to fight the ment. It will assess increased sums for that the tobacco industry misses the tough battles. I was better for his fine noncompliance with the youth smok- target, 55,000 children will begin to support and his wise counsel. ing reduction targets. In addition, the smoke. One-third of these children will ‘‘Barry Goldwater cared deeply about emphasis will be shifted from industry- die prematurely from smoking-induced America. He believed that our Nation wide assessments to company-by-com- diseases. must always remain strong and that pany assessments, in order to more ef- This bipartisan amendment deserves Government should stay off the backs fectively deter individual tobacco com- the support of the full Senate, and I of our people and not stifle their inno- panies from marketing their products urge my colleagues to adopt it. vative spirit. As an American, he never to children. These two issues—the marriage pen- shied away from honestly stating his Big Tobacco knows how to hook chil- alty and the look-back—should be re- beliefs; and as a politician, he led by dren into a lifetime of nicotine addic- solved quickly. Once they are decided, example, not by polls. tion and smoking-related illnesses— there is little excuse for further delay. He will be greatly missed. And Nancy whether appealing through characters The remaining amendments can be and I send our sympathies and prayers like Joe Camel and the Marlboro Man, considered in a few days if we move to his family. through the prominent placement of conscientiously forward. There is no U.S. Senator Barry Morris Gold- tobacco advertising, or through a stra- valid reason why the Senate cannot water, born in Phoenix AZ., Jan. 1, tegic cut in cigarette prices. And Big vote on final passage by the middle of 1909, was elected to the Senate from Tobacco also knows how to stop ap- next week. If we do not, the American Arizona in 1952, and later was defeated pealing to children. people will know why. A small group of in his bid for the Presidency in 1964 by The purpose of the look-back is to willful defenders of the tobacco indus- Lyndon Johnson. Senator Goldwater give tobacco companies an overwhelm- try will have succeeded in obstructing served in the Senate until retirement ing financial incentive to turn their the work of the Senate on this vital in 1987. focus away from the youth market. issue of public health. On an issue of I served with Senator Goldwater. He Our goal is to influence every business this importance, which is literally a took me under his wing when I first ar- decision by taking the profit away matter of life and death, our constitu- rived in the Senate, and he was a good from addicting teenagers. ents will not tolerate such obstruction. counsel. The Durbin-DeWine amendment will Now is the time for the Senate to act. The first year I was the chairman of accomplish that goal much more effec- Mr. President, I suggest the absence the Budget Committee was 1981. tively than the current look-back pro- of a quorum. After the Senate finished the budget visions in the manager’s amendment. The PRESIDING OFFICER (Mr. bill Senator Goldwater sent me a letter It will substantially increase the total COATS). The clerk will call the roll. that I would like to have printed in the amount of the surcharges which com- The bill clerk proceeded to call the RECORD. panies must pay if youth smoking lev- roll. He would dictate these notes himself els do not decline in accordance with Mr. DOMENICI. Mr. President, I ask and they sound just like him. the reduction targets. It also shifts the unanimous consent that the order for He was an inspiration to us all and a payment obligations from a predomi- the quorum call be rescinded. very, very fine man. He will be missed. S5620 CONGRESSIONAL RECORD — SENATE June 4, 1998 Mr. President, I ask unanimous con- self, if America is being taxed too would yield precisely how much ought sent that a letter that I cherish from much already, shouldn’t something to be spent for some American pro- Senator Goldwater after my first ap- very high on the list of considerations grams that would help alleviate the pearance on the floor managing the for what to do with the increased reve- smoking problem, or even research budget bill be printed in the RECORD. nue be a consideration of lowering the more into the cause of cancer and try In his own manner, he would go back taxes on Americans? to cure it. Nobody knows what is the to the office frequently and dictate a Obviously, there have been some ar- right number, but everybody knows brief letter. This is one of those, which guments already, and there will be that as much money as this bill will he gave to me in 1981, as I started down more about the amendment which we raise is not needed for that. this long process trying to balance the offered which, hopefully, will be modi- Anybody in their right mind would U.S. budget. He gave me a little en- fied, that says let’s give back some of look at how much is coming in and how couragement and enthusiasm. I the taxes we pick up here to Americans much you need to do precisely the kind thought it might be good to just show who are suffering the penalty of a Tax of things that people say this bill what kind of person he was to younger Code that punishes people for being ought to do, and it is not close to the Senators like myself back in 1981, married and earning a living by both amount of money that is coming in. So along with all the things I wanted to spouses working. For they, in most that leads you to a conclusion, in my say. cases, pay more in taxes than if they humble opinion, that you ought to give There being no objection, the letter both had the identical jobs, at the some of this money back to the tax- was ordered to be printed in the same annual earnings, and were not payers of the country. I cannot believe we are so uncon- RECORD, as follows: married and filing separate returns— cerned about the taxpayers of this one of the most onerous, ill-conceived U.S. SENATE, country that we would sort of block off Washington, DC, July 3, 1981. uses of the Tax Code. this $700 billion in new revenues—if Hon. PETE DOMENICI, How in the world can we run around, that is what it is over 25 years—and U.S. Senate, as policymakers, and say we favor the say, look, the American people and Washington, DC. family and then add a burden of tax- their tax-paying requirements have DEAR PETE: When your class came into the ation to spouses, who are part of a fam- Senate something inside of me said, this nothing to do with this new tax im- ily, by taxing them more because they could be the best that every came along posed on them. Why not? Why do we are married and working than if they since you’ve been here. As I watched all of say that? We are adding to the tax you develop through the years, nothing has were single and working? That has to ‘‘take,’’ and we give no benefit to the happened to change that original opinion. be an absolutely absurd policy in light American people for these new taxes Your handling of the budget bill was done of the problems we have in this coun- in a superb manner, probably as well done as we are going to raise. try that are family oriented, and many Back to my argument. One way to any I have ever listened to and that includes of them have to do with income of fam- some real old pros. You did a wonderful job try to send a message and distinguish with it Pete. I am proud of you and I am ilies. between various approaches, which I going to watch your future with a great deal Secondly, it is obvious that every choose to call tax and spend it all, or of interest. You are going to go a long way. cent of a cigarette tax that we all of a another group who would say tax and With pride and best wishes, sudden came up with and has been de- give some of it back to the American BARRY GOLDWATER. bated on the floor as a tax that should people who already feel, in many in- f be $1.10, maybe $1.50, maybe 75 cents, stances—and they are right—that they and then for somebody to come to the NATIONAL TOBACCO POLICY AND are paying too much in taxes. floor and assume that whatever the YOUTH SMOKING REDUCTION ACT Now, that is why the Gramm-Domen- level is, every penny of it ought to be ici amendment is important. I have al- The Senate continued with consider- spent for new programs—now, that ready stated its precise purpose is to ation of the bill. isn’t the way it is said; it is said, new try to ameliorate the negative tax Mr. DOMENICI. Mr. President, I programs to do some great things. treatment on married couples, both of don’t know where the bill before the Well, I think everything the Govern- whom work, from a Tax Code which pe- Senate goes next, but obviously I have ment tries to do and spends money on nalizes that versus the same two people joined with Senator GRAMM in trying ought to be things we really believe are making the same amount of money, to make a statement about this bill. In important things, important aspects, but not married, and are part of a fam- the process of trying to do that, there important events, important projects. ily—they pay less. are many ways to make statements Now we are reinventing a bunch of new So the purpose is good, but the mes- and there are many ways to talk about ones, and then we are saying to the sage is completely different. The mes- what is in a bill, what is out of it, what States: You spend your money in very sage is, when you have this much new is not in the bill, to argue about what specific ways. revenue, shouldn’t you give some of it its value is, what its ultimate goal is, I don’t care who agreed to the ways back to the taxpayers of America? No- and what it might achieve. that we are going to send this money body is going to be able to come to this There is another way, and that is to back to the States to be spent, it seems floor, with our ability to proliferate in offer an amendment or amendments. to me the question has to be asked producing charts, and tell the Amer- There are a lot of amendments pend- first, How much is needed to direct a ican people with any credibility that ing. As I indicated, I don’t know how program that has a probability of suc- every single dollar coming in on this many of them are serious. I have five cess in terms of making our young peo- tax has a nice precise niche that it or six myself that I think are serious ple alter their smoking habits and quit should be spent for, all of which is that in due course I will offer. I would smoking? And nobody can say that you aimed at helping to try to get kids to like to discuss, from the standpoint of need a huge portion of this tax bill to stop smoking cigarettes. Or I am will- those who are wondering about the run advertisements on that, to have ing to add one—doing research and try- Gramm-Domenici amendment to cut programs in our schools or wherever to ing to prevent the diseases that come taxes on a very deserving group of try to inhibit that. That can’t come from smoking. Take the two together Americans, what it is all about. close to spending the amount of money and you could not produce a credible When you raise taxes on anybody in that is in this bill. chart showing how every penny in this the United States, you have to ask Mr. KERRY. Will the Senator yield? bill must be spent for that or you are yourself a very fundamental question Mr. DOMENICI. Mr. President, this is not doing your job. of what you ought to do with the taxes my first speech in a couple of days. I So I believe that, sooner or later, we you raise. Now, if America were am sorry. I will yield soon. In fact, I deserve an opportunity to have an up- undertaxed and we were taxing Ameri- will yield the floor. or-down vote on the proposition that I cans—be it a cigarette tax that at $1.10 Mr. President, the point is that no- have just described here today. It is a pack would yield over time $750 to body can stand up on this floor and say very simple. One, do you think you $800 billion, or whether it is an income we knew when we started talking should change the Tax Code as it per- tax or sales tax—you have to ask your- about cigarette taxes and how much it tains to the marriage tax penalty and June 4, 1998 CONGRESSIONAL RECORD — SENATE S5621 help families and married couples out tion, the nation’s Governors want to make from New Mexico doesn’t want the who are being penalized because of this clear that we will oppose any amendments money to go to the States, then he will Tax Code? And, two, do you think that, that would effectively reduce the $196.5 bil- continue to see two things happen—the lion in tobacco settlement funds dedicated to with this large new tax being imposed, states and territories to settle state law- money never coming to the Federal you ought to give about a third of it suits. Naturally, the federal government is Government because the States will back to the taxpayers of this country? free to prioritize how it will use those to- continue their lawsuits and the settle- We want the public to just focus, very bacco revenues generated by S. 1415 not re- ments—at least in the last four simply, on those two issues. served for the states and territories—a total States—of as much as $6.5 billion, as in This bill will permit us to do both. I that will exceed $300 billion over twenty-five the case of Minnesota; and none of that have no doubt, Mr. President, that years. These federally prioritized uses of to- money will go to the Federal Govern- what is left over is more than ade- bacco revenues, however, must not cut into the state settlement pool. ment. Not a penny. The fact is that the quate. In fact, I am not sure I would If national tobacco legislation is intended money will go back to the States to vote to spend all of the money that is to settle the state and territories’ lawsuits repay the huge tax bill they are paying left over for the program described in against the tobacco industry, they must re- now; $50 billion in citizens’ tax dollars this bill. Nonetheless, that is not at ceive a portion of the new tobacco revenues are going to pay, in the case of Medi- issue with reference to the Gramm- sufficient to resolve their claims. S. 1415 care and Medicaid expenses, for to- Domenici amendment. dedicates $196.5 billion to the states and ter- ritories over twenty-five years, a total con- bacco-related illnesses. The issue is a simple proposition: Do Now, there are some who want this to you think the marriage tax penalty sistent with the level negotiated by the state attorneys general with the tobacco industry come to the Federal Government so ought to be fixed? Secondly, do you in the original June 20, 1997, agreement. Pre- that the appropriators and the Budget think when you have this huge new tax serving this state settlement pool, free from Committee can assign the funds to increase, you ought to give some of it federal recoupment efforts, is one of the Gov- wherever they want. I want a signifi- back to the American people? We want ernors’ highest priorities related to S. 1415. cant amount of that money to go to to vote on that. That is a way of distin- Reducing the size of the state tobacco set- tlement pool will significantly jeopardize all the States. They are the ones who have guishing between the feelings of var- been paying a big part of the bill. If the ious Senators about a new tax bill that states and territories, including those that have individually settled their own lawsuits. Senator from New Mexico and the Sen- is essentially, in its current form, tax Such a decision would force the Governors to ator from Texas want to kill this bill, and spend versus another approach reconsider our position on the state financ- then there will be 37 States that go to that says tax—which may be helpful, ing section of the overall bill. court, beginning the day after this leg- we are not sure—and give some of it Sincerely, islation dies, and they will fight this back to the American people. Under Governor George V. Voinovich, State of out in court. They seem to win every that is the very interesting proposition Ohio; Governor Roy Romer, State of time. They don’t even go to a jury that there probably is no fairer thing Colorado; Governor Thomas R. Carper, State of Delaware; Governor Lawton trial, Mr. President. to do with better, positive American The tobacco companies settle, and policy than to fix the marriage tax Chiles, State of Florida; Governor Bob Miller, State of Nevada; Governor Mi- guess what they do? They agree to penalty while you are at it. chael O. Leavitt, State of Utah; Gov- smoking cessation programs and they I yield the floor. ernor Howard Dean, M.D., State of Ver- agree to all the huge bureaucracies Mr. MCCAIN addressed the Chair. mont; Governor Jim Edgar, State of Il- The PRESIDING OFFICER. The Sen- that have been pointed out. They go to linois; Governor Frank O’Bannon, reimburse Medicaid expenses. They pay ator from Arizona. State of Indiana; Governor Terry E. Mr. MCCAIN. Mr. President, I am in- Branstad, State of Iowa; Governor for antitobacco advertising because the terested to hear these comments by John Egler, State of Michigan; Gov- States that get the money believe that Senator DOMENICI. Just a short time ernor Mel Carnahan, State of Missouri; in order to stop kids from smoking, ago—a month ago—Senator COVERDELL Governor Jeanne Shaheen, State of you don’t just raise a tax—although proposed an amendment on the budget New Hampshire; Governor David M. that is important. You don’t just raise resolution that would have repealed Beasley, State of South Carolina; Gov- revenue, but you have to do other the marriage penalty or marriage tax, ernor Tommy G. Thompson, State of things as well. Wisconsin; Governor Benjamin J. and a budget point of order was lodged So I hope my colleagues will pay at- Cayetano, State of Hawaii; Governor tention to the letter from the 36 Gov- against it. The Senator from New Mex- James B. Hunt, Jr., State of North ico, apparently, for reasons that are Carolina; Governor Edward T. Schafer, ernors—I am sure the other 14 will be not clear, voted against waiving the State of North Dakota; Governor John joining—as to how they feel about leg- Budget Act. Now the Senator from New A. Kitzhsber, State of Oregon; Gov- islation that doesn’t repay them for Mexico will say that he didn’t want to ernor Pedro Rossello, Puerto Rico; the expenses that they incurred as a re- waive the Budget Act. The fact is that Governor Don Sundquist, State of Ten- sult of tobacco-related illnesses. if the Budget Act had been waived, the nessee; Governor Gary Locke, State of I see that my colleague from Massa- Washington; Governor Christine T. marriage penalty would have been re- chusetts wants to speak as well. Let’s Whitman, State of New Jersey; Gov- dispense with this myth about this pealed. ernor Cecil H. Underwood, State of Mr. DOMENICI. Will the Senator West Virginia; Governor John G. Row- being a ‘‘big tax bill.’’ What it is is a yield? land, State of Connecticut; Governor E. much smaller tax bill than the tax bill Mr. MCCAIN. No. That is a fact. That Benjamin Nelson, State of Nebraska; that the American people are already is what the vote was on the budget res- Governor Mike Huckabee, State of Ar- paying in the form of Medicare and olution. It was not carried by a vote. It kansas; Governor Gary E. Johnson, Medicaid expenses in order to pay for was rejected 38–62; 38 Republicans felt State of New Mexico; Governor Zell tobacco-related illnesses. And with strongly that the marriage tax should Miller, State of Georgia; Governor Tom children smoking going up, guess what, be repealed. Those who voted against it Ridge, State of Pennsylvania; Governor Mr. President? That tax bill goes up. It Pete Wilson, State of California; Gov- were Senators BOND, CHAFEE, COATS, ernor Parris N. Glendening, State of will get bigger and bigger. So if you COCHRAN, COLLINS, D’AMATO, DEWINE, Maryland; Governor Marc Racicot, want to worry about big tax bills, there DOMENICI, GORTON, GRASSLEY, HAGEL, State of Montana; Governor Jim is a huge tax bill we are paying right JEFFORDS, LUGAR, MACK, SNOWE, SPEC- Geringer, State of Wyoming; Governor now. We will be paying a much larger TER, and STEVENS. Lincoln Almond, State of Rhode Island; tax bill if this trend of kids smoking Mr. President, I have a letter sent to and Governor Angus S. King, Jr., State continues to grow. Senator LOTT and Senator DASCHLE. I of Maine. I yield the floor. ask unanimous consent that it be Mr. MCCAIN. Mr. President, the Sen- Mr. KERRY addressed the Chair. printed in the RECORD. ator from New Mexico clearly feels The PRESIDING OFFICER. The Sen- There being no objection, the letter that the money needs to go to the Fed- ator from Massachusetts. was ordered to be printed in the eral Government. I feel, and I think Mr. KERRY. I will be very brief. I RECORD, as follows: conservative Republicans feel, it know the Senator from Oklahoma DEAR SENATORS LOTT AND DASCHLE: As the should go back to the States who in- wants to speak momentarily. How long Senate continues to consider tobacco legisla- curred the expenses. If the Senator does he think he will go? S5622 CONGRESSIONAL RECORD — SENATE June 4, 1998 Mr. NICKLES. I was going to speak and research are 22 percent of these of the Senator from Mississippi to lay for a few minutes. I feel that I would funds. on the table the amendment of the like to respond to a couple of com- In addition to that, farmers—I think Senator from Illinois. On this question, ments made by the Senator from Ari- both sides are competing over how to the yeas and nays have been ordered, zona. better take care of the farmers. That and the clerk will call the roll. Mr. KERRY. Mr. President, I will be reflects some 16 percent of the expendi- The assistant legislative clerk pro- brief. I wanted to say for the Record, so tures, leaving you with only 22 percent ceed to call the roll. that the Record is absolutely clear that goes to public health—22 percent— Mr. LOTT (when his name was here, the Senator from New Mexico that is then divided among called). Present. said that we are going to get a vote and counteradvertising, cessation pro- Mr. NICKLES. I announce that the we ought to be able to get a vote in grams, and other kinds of efforts to try Senator from Utah (Mr. HATCH) is nec- order to properly allow the American to reduce teenage smoking. essarily absent. people to receive back some of the The Senator from Missouri was on I also announce that the Senator money that is in this bill that he has the floor a little earlier, and he was from Pennsylvania (Mr. SPECTER) is ab- charged is somehow being very badly trying to suggest that there are alter- sent because of illness. spent. native studies and the Canadian experi- I further announce that, if present I think it is important to understand ence that somehow suggests an out- and voting, the Senator from Utah (Mr. that, No. 1, the division of the money, come different from what we get by HATCH) would vote ‘‘yea.’’ the revenues, that come in from this raising the price here. Mr. FORD. I announce that the Sen- bill, was not arrived at in some sort of I simply say for the record—very ator from Delaware (Mr. BIDEN) and the hasty or unthought-out way. It is not quickly, because I don’t want to tie the Senator from Hawaii (Mr. INOUYE) are representative of a casual wish list. Senate up now—that I know we want necessarily absent. The result was announced—yeas 29, This is a reflection of what the Gov- to have a vote, that the methodology nays 66, as follows: ernors and the settlements originally of the Cornell study that he referred to arrived at as a notion of those concerns was very specifically found flawed, and [Rollcall Vote No. 149 Leg.] that ought to be addressed through any it was found flawed both in the number YEAS—29 tobacco legislation. of people that they examined and the Allard Frist Nickles Second, they are a reflection of the manner that they examined them. Breaux Gorton Robb When that flaw was corrected for the Bumpers Hagel Roth Commerce Committee that voted 19 to Burns Helms Smith (NH) 1 to send this legislation to the floor appropriate acknowledgment of that Campbell Hollings Stevens with a framework that articulated the flaw, in fact, the Cornell study came Coats Kyl Thomas Cochran Lugar Thompson broad outlines of how money would be out consistent with almost all other studies with respect to the impact of Enzi Mack Thurmond spent and, finally, through a fairly ar- Faircloth McCain Warner duous negotiation process which meas- price on smoking. Ford McConnell It is interesting to me that those who ured very carefully the needs. NAYS—66 The Senator said he would challenge want to come to the floor and criticize the relationship of price to discourag- Abraham Dorgan Lautenberg anybody to come to the floor and sug- Akaka Durbin Leahy gest they could defend that every ing kids from smoking completely Ashcroft Feingold Levin penny in here is being spent as wisely choose to ignore all of the memoranda Baucus Feinstein Lieberman of the tobacco companies themselves, Bennett Glenn Mikulski as possible. That is not a hard chal- Bingaman Graham Moseley-Braun lenge to fail on. I am not going to try that for 20 years have said they know Bond Gramm Moynihan to do that, nor would anybody. they lose smokers when the price goes Boxer Grams Murkowski Brownback Grassley Murray Can we find some money here appro- up. Their own memoranda say it. You can’t have it both ways, it seems to Bryan Gregg Reed priately to try to address the question Byrd Harkin Reid of the tax cut? We said yes. That is not me. The fact is, there is a correlation. Chafee Hutchinson Roberts On the Canadian experience, the Ca- Cleland Hutchison Rockefeller the debate here. This is not the choice nadians specifically, as they saw an in- Collins Inhofe Santorum that he presented to the Senate, a crease in their price, there was a de- Conrad Jeffords Sarbanes choice either between those who want Coverdell Johnson Sessions crease in the amount of smoking, and to give something back to people who Craig Kempthorne Shelby there was an equilibration ultimately D’Amato Kennedy Smith (OR) want to pay a marriage penalty and between their prices and ours. Daschle Kerrey Snowe those who do not. That is not the DeWine Kerry Torricelli The Canadian experience, in fact, choice; it is a choice between two dif- Dodd Kohl Wellstone documents that the pattern of youth ferent approaches to doing that. We be- Domenici Landrieu Wyden smoking in Canada confirmed the sen- lieve that we have the right to have an ANSWERED ‘‘PRESENT’’—1 sitivity of youth to price changes. In opportunity to have ours also voted on, Lott 1981, Canada had a youth smoking rate that they ought to be voted on at the that was about 50 percent higher than NOT VOTING—4 same time. That is what the division is that in the United States. Over the Biden Inouye over here. next decade, they raised their prices by Hatch Specter I think it is important to reflect on over 100 percent and teen smoking fell The motion to lay on the table the the fact that 40 percent of these funds by almost one-half. amendment (No. 2438) was rejected. go back to the States in the most di- Mr. President, we need to deal with Mr. LOTT addressed the Chair. rect way, a reflection, I think, of the the facts here. I hope that the Senate The PRESIDING OFFICER. The ma- need of the Governors to be given the will do so as we vote over the course of jority leader. opportunity to make decisions about the next days. Mr. LOTT. Mr. President, since the how they can best deliver back their Mr. LOTT addressed the Chair. last amendment was not tabled, I ask portion of the Medicaid expenses, The PRESIDING OFFICER. The ma- unanimous consent that the yeas and which is what we are refunding. jority leader. nays be vitiated; that the amendment In addition to that, money is not just AMENDMENT NO. 2438 be agreed to; and that the motion to spent in a supercilious way, the way Mr. LOTT. Mr. President, in an effort reconsider be laid upon the table, all the Senator suggested on a whole lot of to move things forward, I move to without further action or debate. Government programs that do not al- table the Durbin amendment No. 2438, The PRESIDING OFFICER. Is there ready have a track record of accom- and I ask for the yeas and nays. objection? Without objection, it is so plishment. Public health, NIH—I might The PRESIDING OFFICER. Is there a ordered. say it was the Senator from Florida, sufficient second? The amendment (No. 2438) was agreed Senator MACK, a Republican, together There is a sufficient second. to. with Senator FRIST, who fought very The yeas and nays were ordered. AMENDMENT NO. 2451 TO AMENDMENT NO. 2437 hard for the notion that there ought to The PRESIDING OFFICER. The (Purpose: To stop illegal drugs from enter- be adequate research funds here. NIH question is on agreeing to the motion ing the United States, to provide additional June 4, 1998 CONGRESSIONAL RECORD — SENATE S5623 resources to combat illegal drugs, and to es- to the tobacco bill beginning after the Mr. LOTT. We would not bring it up tablish disincentives for teenagers to use il- cloture vote is defeated on Tuesday without Members being on notice who legal drugs.) morning. have an interest in it. That technical Mr. LOTT. Mr. President, I now send Mr. DASCHLE addressed the Chair. corrections bill does need to be done. I an amendment to the desk in the sec- The PRESIDING OFFICER. The Sen- believe it is supported on both sides of ond degree, which is the so-called ate is not in order. the aisle and by the administration. We Coverdell-Craig drug amendment. Mr. DASCHLE. Does the majority need to get that done, and we would The PRESIDING OFFICER. The leader yield? need to do it by unanimous consent. clerk will report the amendment. Mr. LOTT. I will be glad to yield, Mr. But if the Senator has reservations, he The legislative clerk read as follows: President. will be notified about it. But we will The Senator from Mississippi [Mr. LOTT] Mr. DASCHLE. The majority leader get it done, and we would want to do it for Mr. COVERDELL, for himself, Mr. CRAIG, noted that tentatively the vote, the without a modification. Mr. ABRAHAM, Mr. FAIRCLOTH, Mr. INHOFE, cloture vote, is scheduled for Tuesday. Mr. ROCKEFELLER. May I say to Mr. SESSIONS, and Mr. GRASSLEY, proposes There are only two ways that could the majority leader, I also am very an amendment numbered 2451 to amendment occur. One would be for us to seek anxious to get it done, but in the spirit No. 2437. unanimous consent for the vote to be of being able to offer amendments. And Mr. LOTT. I ask unanimous consent postponed until Tuesday; or, secondly, unless I am able to offer an amend- that reading of the amendment be dis- that we are not in session on Monday, ment, I would have to object to—— pensed with. which would then make Tuesday the Mr. LOTT. I say to the Senator, it is Mr. DASCHLE. Reserving the right next business day when the cloture important we get these technical cor- to object, I only do so to note to my vote would ripen. rections done, because some legiti- colleagues that this is the third Repub- I am hopeful that the majority leader mate, honest mistakes were made and lican amendment now in a row. And I and I can find a way with which to re- several important projects could be af- am hopeful we can continue to alter- solve the schedule that will accommo- fected. And we need to do it as soon as nate back and forth, but I will not ob- date both sides. So I hope that perhaps we can. But unless we can get unani- ject. we might tentatively announce that mous consent, it will not be done. It Mr. LOTT. I thought we just voted on the vote will be held on Tuesday, but has already passed the House. So we the Durbin amendment. certainly if we are in session, I am not will have to find a way—I am working The PRESIDING OFFICER. Is there prepared at this point to agree to a with Senators on our side, too, as I objection? unanimous consent request that would know Senators are working over there, Without objection, it is so ordered. move it to Tuesday until we have been to clear up concerns. (The text of the amendment is print- able to talk through the balance of the There are other ways to address ed in today’s RECORD under ‘‘Amend- schedule. those concerns. And we are trying to ments Submitted.’’) Mr. LOTT. Mr. President, if I could get that worked out. We need to get it Mr. LOTT. Was there objection? respond. I thought that Senator done. We need to do it by unanimous The PRESIDING OFFICER. There DASCHLE and I had talked about it and consent. And I, in fact, have met with was no objection. had an agreement that we would do it one Senator this afternoon and dis- Mr. LOTT. For the information of all on Tuesday morning. I realize we have cussed how to address a legitimate con- Senators, pending now is the drug to get consent to do that. The alter- cern he has. So we will work with the amendment. I hope Senators will begin native is, as he said, that we not be in chairman. Did the chairman want to respond to to debate this very important amend- session on Monday, which is, I guess, a this at all? ment. I know that there are very possibility, but it is pretty hard to strong feelings on this amendment Mr. CHAFEE. No. What I have been complain about not making progress trying to do is narrow down the prob- also. However, no further votes will when we are not in session working on occur tonight. I expect the debate on lems that have come up. And I had something. down on the list to see the distin- the amendment to continue through The other alternative is to come in guished Senator from West Virginia. tomorrow’s session. at an early hour; and approximately an As you said, we want to get this thing The minority leader filed a cloture hour after that time, the vote occurs done. I think we can get it done and motion on the committee amendment then, which means that the vote could take care of problems by explaining earlier today. That cloture vote will be at 1 o’clock, 2 o’clock, Monday them or getting to them in some fash- occur on Tuesday, at a time to be de- afternoon, which, for Senators coming ion. So I look forward to meeting with termined after discussion between the from California and Utah and Washing- the Senator from West Virginia. two of us and after consultation with ton State, that presents a real problem Mr. LOTT. Mr. President, I now yield others in terms of schedule. So there because their planes do not get here the floor so the manager of the bill can will be no votes in Friday’s session of until about 4:30. speak. the Senate. So I was hoping we could take that The PRESIDING OFFICER. The Sen- However, Senator DASCHLE and I are time Monday to make some progress ator from Arizona. looking at bills that are relatively non- on some other issue or have debate on Mr. MCCAIN. Mr. President, just controversial or noncontroversial that this issue and have the vote that every- briefly, I would like to congratulate we may be able to take up tomorrow body will be here for at 9:30. But it the Senator from Illinois on the signifi- during the day. And the vote would be would be fine with me that we have it cant vote. In fact, a number of Sen- scheduled in the group on Tuesday earlier in the afternoon. But I just as- ators experienced an epiphany late in morning when we vote, at a time we sume that both sides will have prob- the vote because of his persuasive pow- will notify the Members later on on lems with that. We will talk about it ers. So I congratulate the Senator on Tuesday. further, and we will hotline the Mem- his vote. Now, again, I hope we can reach bers on exactly what time they can ex- I just want to make it clear, Mr. agreement tomorrow to provide for a pect that cloture vote to occur. President, we intend to move forward. vote on this amendment, hopefully Mr. ROCKEFELLER. Would the ma- We will have a vote on the Gramm prior to the cloture vote; but all Sen- jority leader yield? amendment. We may have a Daschle ators will be notified about the voting Mr. LOTT. I would be glad to. amendment. I happen to think it is fair schedule. I urge the Senators who have Mr. ROCKEFELLER. I would ask the that we go back to what we originally been working on the marriage penalty majority leader if he intends to bring started doing—one amendment on ei- tax to continue to work to get an up the highway corrections bill, be- ther side. I think that is the fair way agreement on that amendment so that cause if he does, I have an amendment that most legislation has been con- we can have a vote on it. We will try to I would like to offer. It is a very simple ducted on the floor since I have been see if we can reach agreement perhaps amendment, very direct amendment. here. to consider another bill on Monday. And I cannot do that unless it is We intend to move forward. We in- But we will continue on amendments brought up. tend to reach a conclusion. I hope that S5624 CONGRESSIONAL RECORD — SENATE June 4, 1998 both the majority leader and Demo- gests that my amendment is made null proves the antinarcotic struggle by cratic leader will consider trying to and void by your new amendment. Customs, by DOD, Department of De- bring this to closure next week. We Is that the Senator’s intention? fense, by DEA, by the FBI, by the have had now 2 weeks of extensive de- Mr. COVERDELL. No, it is not. Coast Guard. It dramatically increases bate and amending on the issues. Mr. DURBIN. I am happy to clarify the funding of the interdiction budget. It seems to me outstanding are the that. So the Senator still supports my It stiffens penalties and it creates a tax issues that Senator GRAMM and amendment. communication program to commu- Senator DASCHLE may have; the issue Mr. COVERDELL. That is not my in- nicate to parents and students about of attorneys’ fees is going to come back tention, to obviate. the dangers of the drug epidemic in Mr. DURBIN. It is not your inten- up, I believe; and, of course, then there which they live today. tion. is the agricultural issue outstanding. It is our intention, myself and my co- I thank the Senator for yielding. But aside from that, Mr. President, I Mr. COVERDELL. Let me continue, authors, that whatever passes the Sen- do not think there is a lot of new for the Nation to step forward with the ate, will have an antidrug component. ground to be plowed. I think we need to powerful will to drive down teenage It will not be silent on the Nation’s No. move forward. I believe we will move drug abuse by two-thirds—two-thirds— 1 problem for teenagers. That is unac- forward. And I am still confident—I am for those people who think this is a ceptable. It will be an expression to re- still confident—that we will bring this problem for which nothing can be done, ignite the Nation around the will to issue to conclusion sooner rather than I remind everyone listening that when confront this epidemic and these nar- later, to coin a phrase. the Nation decides to commit itself to cotic mafia who are the most serious Mr. President, I yield the floor. resolving this drug epidemic, it can and dangerous the Nation has ever—I Mr. COVERDELL addressed the make headway. For example, in 1979, repeat, ever—confronted. Chair. 14.1 percent were using it. By 1992, it I applaud the efforts of my colleagues The PRESIDING OFFICER. The Sen- had been driven down to 5.3 percent—2 who have joined me in this effort. We ator from Georgia. million less youngsters were using are going to have a vigorous debate Mr. COVERDELL. Mr. President, I drugs. But then something went wrong, about it. rise to speak on the amendment before something has gone badly wrong. I yield the floor at this time in def- us, the amendment that has been of- Since 1992, drug abuse by this same erence to others who wish to speak. fered by myself, Senator CRAIG from class of teenagers has increased 135 per- Mr. ABRAHAM. Mr. President, I will Idaho, and Senator ABRAHAM from cent. I repeat, 135 percent. What does be brief tonight. I will speak at greater Michigan. that mean? That means that drug length about this amendment tomor- I will take just a few minutes to abuse has more than doubled since 1992. row. I want to thank my colleagues. I frame in general terms the purpose of Drug abuse is now affecting 2 million am pleased to join Senators COVERDELL this amendment. And then my col- teenagers. It has increased by over a and CRAIG on this amendment. league from Idaho will address the million. This is a devastating indict- Tomorrow I will be citing some sta- amendment and outline its details. ment on contemporary drug policy in tistics, Mr. President, that reveal the My good friend from Idaho will not the United States. extent to which the young people of be here tomorrow so he will be making The Nation’s will must be rejuve- this country confront an ever increas- a major presentation this evening, and nated. This amendment will do that. ing and alarming rate of drug usage. then tomorrow I will return to elabo- When this administration took office, We obviously are attempting, in the rate further on the amendment. we quit talking and hearing about context of this tobacco bill, to address Let me first try to put it in focus. We drugs. The drug czar’s office was col- one of the problems and challenges fac- are talking about teenage addiction, lapsed. Gratefully, it has now been re- ing young people, but I think as I talk and have been for the last several opened. It was collapsed. The Coast to at least the families in my State, as months, specifically on the floor, over 2 Guard was diminished. Interdiction high as any challenge or problem that weeks. I have been struck by the fact was cut in half. The country was flood- they see confronting their kids, par- that a major piece of legislation would ed by drugs. The price of these illicit ticularly children starting as early as be brought to the floor of the Senate, drugs dropped by 50 to 80 percent, so seventh and eighth grade, is the illicit proposed by the administration, to deal they became accessible at every corner use of drugs, and, unfortunately, the with teenage problems, and addiction and to any school in the Nation. If you growing number of individuals who are specifically, and be totally silent on don’t believe that, just go to the school making those drugs available to our the issue of drug addiction. and ask the students. They can tell you young people. The majority of drug abuse among the designer names of the drugs. They Our amendment is designed to begin teenagers—the majority—is by smok- can tell you exactly how long it takes, the process of addressing that in a far ing, smoking marijuana, which is a and it is usually no longer than 30 min- more aggressive fashion than has been more lethal and damaging drug than utes. the case during the recent 4, 5, 6 years. tobacco. Yet, this legislation was silent So we should not be shocked that We have seen, as I think most of the on the issue. drug abuse is skyrocketing and is a Members of this Chamber know, that The amendment is designed to end new epidemic among teenagers. It is during the last 5 years, the use of drugs the silence. Teenage drug abuse is the even made more sad by the fact that in among young people has gone up after No. 1 teenage problem—No. 1 by any the 1960s and the 1970s, the last drug a lengthy period of decline. And it is measurement, teenagers, their parents, epidemic we suffered, higher-aged teen- important, I think, as we confront the or empirical evidence. For us to have agers, 15 to 20, were involved in the issue of tobacco, that we likewise con- dealt with this issue and to have re- drug crisis. Now the target is age 8 to front the issue of drugs. mained silent would have been uncon- 14. I join both of my colleagues in saying scionable. We have been asking the President that I fervently believe no legislation If I can for a second outline the scope repeatedly to set forth the goals of his should leave this Chamber absent pro- of the problem. In 1979, 14.1 percent, or administration during his administra- visions that are strong and tough anti- 3.3 million teenagers age 12 to 17 were tion to arrest this epidemic. The re- drug provisions. So I thank my col- involved with consistent drug abuse. sponse is that they will lower drug use leagues and I will speak more about it Mr. DURBIN. Will the Senator yield? among teenagers back to the level at tomorrow. I am glad it is now before Mr. COVERDELL. I yield. which they took office, 10 years from the Senate so that we can proceed on Mr. DURBIN. I ask the Senator for a now, in the year 2007, 21⁄2 Presidencies this amendment. clarification on his amendment, which away. Our goal is to get it back to I yield the floor. I had a chance to read. where it was when they took office. Mr. CRAIG addressed the Chair. The Senator was kind enough to sup- This is unacceptable. We cannot wait The PRESIDING OFFICER. The Sen- port my amendment to vote against 10 years. ator from Idaho is recognized. the motion to table and yet there is So this amendment is a bold interdic- Mr. CRAIG. Mr. President, I am language in his amendment which sug- tion. It focuses on interdiction. It im- pleased that the time has come for the June 4, 1998 CONGRESSIONAL RECORD — SENATE S5625 Senate to begin debate on a portion of I am proud of that and so is my family. that is not what we see. The drug pol- the legislation before us that I think, if But if these kids do start smoking, the icy of the Clinton administration has accepted by this body, will be the most real danger they will face will be 10 and been by every measure except theirs a significant thing that we can possibly 20 and 25 years out, before which let us miserable failure. From an early slash- do. hope they mature, that they have a ing of the funding for the White House Mr. President, even before the bill reason to think about their life and antidrug office, to the administration’s before us was brought to the floor of their health, and they quit like I did, effort to have it both ways on clean the Senate, the question of tobacco has and they become parents who discour- needles for addicts, to their effort to been, for many months, one of the age their children from smoking. lower penalties for crack cocaine to major issues of public debate, if not the Smoking may kill teens later in life, equal those of powder, to the Presi- major issue in some quarters. but illegal drugs are killing them dent’s grossly irresponsible ‘‘I wish I The Clinton administration, in par- today. Whether we are talking about had inhaled’’ comment on MTV, this ticular, has crusaded for legislation overdoses, car accidents, or the vio- administration has sent all the wrong supposedly aimed at preventing Ameri- lence associated with the drug trade, signals. And guess what? Those signals ca’s teens from taking up a deadly illegal drugs present a clear and imme- have been picked up by the young peo- habit, arguing that the need for this diate danger to every young person ple of this country, and the predictable legislation is so strong that questions who tries them, to their families, and results have occurred. of cost and constitutionality, or the or- to their communities. Talk to the par- Two national annual surveys show dering of social priorities, are left by ents of a child they have just lost to an that drug abuse by our Nation’s youth the wayside. Even raising such ques- overdose of drugs, and they didn’t real- has increased steadily since the Clin- tions is to invite the accusation of ize until it was too late that their child ton administration came into office. being a tool of the big tobacco compa- was on drugs. No family, no socio- The University of Michigan Decem- nies. How dare you stand in the way of economic family in every strata, or at ber 1997 Monitoring the Future Study, this legislation. any level, is immune. Not one kid will and the 1997 Parents Resource Institute Not long ago, Mr. President, I was in likely die this year because he or she for Drug Education, and the so-called Idaho speaking to a group of high lit their first cigarette. But thousands PRIDE Survey each offer cause for school students. This was just as the of Americans will die because they alarm. tobacco issue was starting to break out started using drugs this year. Kids who The Monitoring the Future Study re- at the top of most news stories. I asked started using drugs today may not get veals that illicit drug use among Amer- these kids what the biggest problem a chance to mature out of that habit, ica’s schoolchildren has constantly in- facing them and their peers was and as I did and as thousands do. creased throughout the Clinton admin- what that problem was doing to their I expect there are very few parents istration. lives. When I mentioned tobacco, I’ll be who would not care whether their kids Mr. President, here comes the figures honest with you, I was a bit surprised. decided to start smoking. Most of them of alarming proportion. I was surprised that a lot of hands care a great deal. However, if they were For eighth graders the portion using didn’t go up because that is what the asked whether they would be more con- any illegal drug in the prior 12 months media had been talking about, what cerned about their teens starting to has increased 71 percent since the year the front pages were telling us. In fact, smoke or becoming a user of mari- President Clinton was first elected. Mr. President, only a few hands went juana, crack, or heroin, how many par- And since 1992, it has increased 89 per- up. But when I asked about illegal ents would say they would take the cent amongst 10th graders, and 57 per- drugs, almost every hand went up. dope over tobacco? Well, we know what cent amongst 12th graders. That is any illicit drug. The numbers go straight There was hardly a young person in they say. We have seen it in the poll- through the roof since President Clin- any one of those high school groups ing. Let me tell you, Mr. President, the ton came to office. Reagan, Bush— that I spoke to that didn’t see drugs as polling is dramatic. The polling is very numbers declining. Everybody laughed a major problem. clear. The parents of today in the high- Mr. President, you come from a rel- est of percentages say, Get the drugs at Nancy Reagan when she said ‘‘Just atively rural State, as do I, and, re- away from our kids. It is the No. 2 say no.’’ But she stood on a moral ped- member, teenage drug abuse is sup- issue. And way down at the bottom of estal along with George Bush and Ron- posed to be a problem of the big inner- all of those issues that parents are con- ald Reagan, and they stood as powerful leaders and examples. We have a Presi- city schools. But the school I was talk- cerned about, as it relates to their dent who chuckled, and said, ‘‘Well, I ing to was a school of 250 in rural kids, is smoking. Yet for the last 2 wish I had inhaled.’’ Sorry, Mr. Presi- Idaho. Yet, nearly every hand went up weeks, this Senate has been focused on dent. You sent all the wrong signals. because every one of those students that issue. Why? Because it is politi- Marijuana use accounted for much of knew someone in their age group who cally popular. We are going to bash the overall increase in illicit drug use was misusing or was involved in illegal those big tobacco companies because continuing its strong resurgence drugs, and they were concerned about they lied to the American people, and amongst eighth graders. Use in the that young person’s future. They were we are going to save teenagers from prior 12 months has increased 146 per- concerned about the effect it would smoking, and we are going to raise cent since 1992. have on their friends’ lives. Well, some- taxes to an all-time high to do it. We The year President Clinton was first one might say that these are kids, are going to spend hundreds of billions elected to office, amongst 10th graders, what do they know? We are the adults; of dollars. Yet, No. 1, No. 2, and No. 3, the annual prevalence has increased 129 we are the United States Senators, and in any poll you take, on the average percent amongst 12th graders it has in- we are supposed to have a more mature parent’s mind today is the kids associ- creased 76 percent since 1992. view of the problems that face the citi- ated with drugs, the kids associated Those ought to be figures that are zens of our country. Yes, I would hope with gangs, the kids being killed in car spread in banner headlines in every that we as adults would be able to accidents; and way down at the bot- major newspaper in this country. And make mature and considered judg- tom, but on the list of 10 or 12 items, is they go unnoticed except in our ments on these questions. But in sens- smoking. schools, except with school administra- ing that drugs present a bigger threat That is one reason I question the ad- tors and counselors, and most impor- to them now than does tobacco, I think ministration’s priorities tonight. In tantly with parents, who say it is the these kids are right. Yes, we should do the abstract, I suppose that if drug use No. 1 issue facing their children and everything reasonable that we can pos- continued at the steady decline of the them as parents. sibly do to discourage young people ‘‘just say no’’ Reagan and Bush era, if Of particular concern, according to from taking up smoking. we could honestly say we had the drug the survey, is the continuing rise in I was once a smoker myself, and I dealers on the run, we might start to daily marijuana use amongst 10th and know that it is not easy to quit. I ask, Well, what is the next thing on the 12th graders. More than one in every 25 fought it hard and I fought it for a long list of national priorities that this Con- of today’s high school seniors is a cur- time. And I haven’t smoked in 8 years. gress ought to become involved in? But rent daily marijuana user, with an 18.4- S5626 CONGRESSIONAL RECORD — SENATE June 4, 1998 percent increase since only last year, front line trying to stop kids from nation for increased tobacco use while only 1.1 percent of eighth graders using drugs—senior high school use amongst these teens is because they used marijuana daily in 1997. That still may have stalled, but it has stalled at are already using marijuana. And that represents a 50-percent increase since the highest level PRIDE has measured tobacco prolongs the effect of mari- 1992. in 10 years. juana smoking. If so—and I recognize Since President Clinton was first Until we see sharp declines in the use that there are certain complex factors elected, annual LSD use has increased at all grade levels there will be no rea- here—this is a case where tobacco use over 52 percent, 68 percent, and 50 per- son to rejoice. may be directly linked to our failing cent amongst 8th graders and 10th With respect to young students, the drug policy. graders and 12th graders, respectively. survey found a full 11 percent of junior Mr. President, I ask unanimous con- More than one in 20 seniors in the class high students—that is grades 6 through sent that this article be printed in the of 1997 used cocaine this year, a 12.2- 8—are monthly users of illegal drugs. RECORD. percent increase over just last year. Junior high students reported signifi- There being no objection, the article That is cocaine. That is the drug that cant increases in monthly use of mari- was ordered to be printed in the kills. Crack cocaine also continued a juana, cocaine, uppers, downers, RECORD, as follows: gradual upward climb amongst 10th hallucinogens, and heroin especially. [From the New York Times, Apr. 22, 1998] and 12th graders. In short, since 1992, Can you imagine that, Mr. President? YOUNG BLACKS LINK TOBACCO USE TO annual cocaine use is up 87 percent, 147 We are talking about junior high kids. MARIJUANA percent, and 77 percent amongst 8th, Heroin, drug of choice? (By Jane Gross) 10th and 12th graders, respectively. Annual marijuana use has increased YONKERS, April 21.—In the search to ex- The longer term gradual rise in the 153 percent since Mr. Clinton first took plain the spike in smoking among black use of amphetamine stimulants also office. Cocaine use is up 88 percent. teen-agers, a range of theories has evolved, from the proliferation of tobacco advertising continued within the class of 1997, in- Why aren’t we spending weeks on the in minority communities to the stress of creasing over 7 percent since last year. floor of the Senate debating this, be- adolescence to the identification with enter- Since 1992, annual heroin usage—heroin cause it is the No. 1 issue amongst par- tainment idols who appear with cigarettes is on the resurgence—has increased by ents. The kids know it. They know dangling from their lips. 83 percent, 141 percent, and 92 percent their friends are being killed by it. Teen-agers themselves, and some experts for 8th, 10th, and 12th graders. They are laughing at the fact that they who have studied adolescent smoking, add another, less predictable explanation to the America, these are our kids, and they think we are going to legislate them mix of factors: the decision to take up smok- are using heroin. This administration away from tobacco. ing because of a belief that cigarettes pro- doesn’t talk about it. Hallucinogen use has increased 67 long the heady rush of marijuana. The most recent PRIDE Survey percent since Mr. Clinton took office. ‘‘It makes the high go higher,’’ said Mar- shows a continuing and alarming in- Now, in the face of this clear and quette, a 16-year-old student at Saunders crease in drug abuse amongst young present danger to our Nation’s youth, Trades and Technical High School here who, kids. Illegal drug use amongst 11- and how can this administration justify like other students, spoke about her mari- juana use on the condition that only her first 14-year-olds has continued on a dan- their obsession with tobacco? That is name be used. gerous upward spiral. because there are 100 groups lined up to At Washington Preparatory High School in According to the president of PRIDE, help them. It is a popular political South-Central Los Angeles, Tifanni, also 16, senior high drug use may have stalled, issue. I agree with them on the said she took up cigarettes two months ago but it is stalled at the highest levels premise. But I think they missed the because, ‘‘If the marijuana goes down and that PRIDE has measured in 10 years. point. They missed the point that the you get a cigarette, it will go up again.’’ Mr. COVERDELL. Mr. President, I Black teen-agers like Marquette and young people of America are talking Tifanni are not unusual, according to inter- wonder if the Senator will yield for 30 about. They might answer. ‘‘Well, teen views with dozens of adolescents around the seconds to a minute so that I might rates of smoking are also going up.’’ country and various national surveys. These clarify the issue that arose about obvi- That is true. But if we look at the facts surveys show that blacks begin smoking ating. on teen tobacco use, also found in the cigarettes later than white teen-agers, but Mr. CRAIG. I would be happy to Monitoring of the Future Report that I start using marijuana earlier, a difference experts say they cannot explain. yield, but I would not lose any floor have been quoting, we see the same right. The surveys also show a sharp rise in both pattern as on drug use—a steady de- cigarette and marijuana use among teen- The PRESIDING OFFICER (Mr. SES- cline in the Reagan-Bush years with a agers in recent years, evident among all SIONS). Without objection, it is so or- steady climb since 1992. In other words, races but most pronounced among blacks. dered. what our President says to America White teen-agers still smoke cigarettes at MODIFICATION TO AMENDMENT NO. 2451 and America’s youth counts. When he twice the rate of blacks, but the gap is nar- Mr. COVERDELL. Mr. President, I makes light of his flirtation with mari- rowing, signaling the end of low smoking ask unanimous consent to modify my rates among black youths that had been con- juana, they make light of it, too. That sidered a public health success story. amendment numbered 2451. is a great tragedy. It is not clear how much of the increase in The PRESIDING OFFICER. Without Let us ask the question: Instead of smoking among black teen-agers is due to objection, it is so ordered. hiking increases in teen smoking to the use of cigarettes with marijuana, and ex- Mr. COVERDELL. I send the modi- justify massive, intrusive, expensive perts say advertising has been the main fac- fication to the desk. legislation that will mostly target tor. But the marijuana-tobacco combination The PRESIDING OFFICER. The is notable because it is the reverse of the adult smokers, shouldn’t the adminis- amendment is so modified. more common progression from cigarette tration admit that teen smoking in- The modification is as follows: and alcohol use to illegal drugs. At the end of the Durbin amendment, in- crease is yet another symptom of their Many black teen-agers said in interviews sert the following: failed drug policy? Shouldn’t they that they were drawn to cigarettes by TITLE —DRUG-FREE NEIGHBORHOODS admit that having given kids a wink friends who told them that nicotine would enhance their high from marijuana, which SEC. 01. SHORT TITLE. and a nod on drugs, other bad habits would also appear more acceptable? has been lore and practice among drug users This title may be cited as the ‘‘Drug-Free of all races for decades. And this is appar- Neighborhoods Act’’. Anybody who has raised teenagers ently no mere myth. Many scientists who Mr. COVERDELL. Mr. President, I knows that. study brain chemistry say the link between yield the floor back to the Senator Let’s take a concrete example. Re- cigarettes and marijuana is unproven but from Idaho. cently, an article appeared in the New likely true. The PRESIDING OFFICER. The Sen- York Times. ‘‘Young Blacks Link To- ‘‘African-American youth talk very explic- ator from Idaho. bacco Use to Marijuana.’’ Strange rela- itly about using smoking to maintain a Mr. CRAIG. Mr. President, I thank tionship. I am quoting the New York high,’’ said Robin Mermelstein, a professor at the University of Illinois at Chicago and my colleague for that modification. It Times relating to a dramatic increase the principal investigator in an ongoing does clarify an important point. in tobacco use amongst minority teen- study of why teen-agers smoke for the Fed- Mr. President, according to PRIDE— agers. According to this article, ex- eral Centers for Disease Control and Preven- those are the folks out there on the perts believe that part of the expla- tion. ‘‘It’s a commonly stated motivator.’’ June 4, 1998 CONGRESSIONAL RECORD — SENATE S5627 Dr. Mermelstein said that in focus groups She tested what the teen-agers told her by The adolescents said overwhelmingly that with 1,200 teen-agers around the country, talking to addicts in recovery, who con- they would pay $3.60 a pack—the current about half the blacks mentioned taking up curred. And to be sure that the pattern she $2.50 charged in New York plus the addi- cigarettes to enhance a marijuana high, but was seeing in Philadelphia was not a local tional $1.10 envisioned in the legislation. A no white teen-agers volunteered that as an anomaly, she interviewed young African- few said that $5 a pack might inspire them to explanation for smoking. ‘‘Cigarettes have a Americans across the nation. And, she said, quit, or at least to try. totally different functional value for black she discovered that they were doing the But faced with that high a tariff, 17-year- and white kids,’’ she said. same thing. old Robert Reid, a student in Yonkers, had Even so, Dr. Mermelstein and others say The enhancing effect that teen-agers de- another idea. ‘‘At that price,’’ he said, ‘‘you that does not diminish the greater impact of scribe is consistent with what is already might as well buy weed.’’ advertising and other media messages in mi- known about the working of nicotine and Mr. CRAIG. I thank the Chair. nority neighborhoods. ‘‘Kids are extraor- THC, the active ingredient in marijuana. Let me read two paragraphs from the dinarily aware of the entertainment media,’’ Both spur production of dopamine, a brain article: Dr. Mermelstein said. ‘‘They are very reluc- chemical that produces pleasurable sensa- tant to see the link between any of these and tions, said George Koob, a professor of neuro- It is not clear how much of the increase in their behavior. But the influence is undoubt- pharmacology at the Scripps Research Insti- smoking amongst black teen-agers is due to edly there.’’ tute in La Jolla, Calif. ‘‘It makes a lot of the use of cigarettes with marijuana, and ex- Tiffany Faulkner, a 15-year-old at Ida B. sense,’’ Dr. Koob said. perts say advertising has been the major fac- Wells High School in Jamaica, Queens, said, At the National Institute on Drug Abuse, tor. But the marijuana-tobacco combination ‘‘Tupac smoked and he’s my man,’’ referring which funds most of the world’s research on is notable because it is the reverse of the to the slain rap star Tupac Shakur. ‘‘But I addiction, Alan I. Lesher, the director, went more common progression from cigarette didn’t smoke because of him,’’ she said. ‘‘I a step further, saying the anecdotal findings and alcohol use to illegal drugs. have my own head.’’ cried out for rigorous investigation. ‘‘This is Many black teen-agers said in interviews Brand loyalty, however, suggests youths a reasonable scientific question,’’ he said. that they were drawn to cigarettes by are more moved by the advertising than they ‘‘And if enough people report experiencing it, friends who told them that nicotine would realize, or are willing to admit. In general, it merits consideration.’’ enhance their high from marijuana, which Marlboro and Camel have white characters Researchers elsewhere have also taken has been lore and practice among drug users on billboards and are the brands of choice note of strange glitches in substance abuse of all races for decades. And this is appar- among white teen-agers, while Kool and data comparing blacks and whites. For in- ently no mere myth. Many scientists who Newport use minority images and are fa- stance, Denise Kandel, a professor of public study brain chemistry say the link between vored by African-American teen-agers, as health and psychology at Columbia Univer- cigarettes and marijuana is unproven but they are by their parents. Outside Brighton sity’s College of Physicians and Surgeons, likely true. High School in Boston, for instance, every found that while most substance abusers pro- One other paragraph: black student in a group of smokers chose gressed logically from legal to illegal sub- The students were perfectly aware of the Newports. ‘‘They’re the cool cigarette,’’ said stances, ‘‘the pattern of progression is less health hazards of cigarette smoking. A 17- Joey Simone, 18, a smoker since she was 11. regular among blacks and nobody really year-old at Norman THOMAS High School in A 16-year-old Chicago girl who tried ciga- knows why.’’ Manhattan said she was quitting because she rettes briefly said she is certain advertising In 1991, according to the Centers for Dis- might be pregnant. is the key. ‘‘When I was little I would see ease Control and Prevention, 14.7 percent of pictures of people standing around with a students said they had used marijuana in the But that is the only reason she was cigarette and it looked like fun,’’ said Coleco last 30 days; by 1995, the latest year for quitting. Davis at DuSable High School. ‘‘They were which data is available, that rate had A 15-year-old at Saunders [High School] all having a good time and it didn’t look like jumped to 25.3 percent. Among white youths, said she did not smoke during basketball and it could hurt you.’’ the rate increased to 24.6 percent from 15.2. softball season but resumed in between. This wave of new black smokers, drawn to Among Hispanics, it shot up to 27.8 from 14.4 The article also talks about the ef- a habit that kills more people each year than and among blacks to 28.8 from 13.5, vaulting fects of the kind of antitobacco meas- all illegal drugs combined, has researchers them from last place to first in marijuana worried, because once teen-agers have expe- use by racial group. ures that are being discussed on the rienced the booster rocket effect of ciga- The C.D.C. cigarette study, which tracks floor including pushing the price of rettes prolonging a marijuana high they use through 1997, shows a parallel pattern. cigarettes to $3.50 to $4 to $5 a pack. often find themselves addicted to tobacco. Among white students, 39.7 percent said they Adolescents overwhelmingly said they ‘‘Because I was getting high, I needed it,’’ smoked cigarettes, up from 30.9 percent six would pay $3.60 a pack. The current said Mary, 16, a student at Norman Thomas years ago. Among Hispanic students, more charge in New York is $2.50. An addi- High School in Manhattan. ‘‘The cigarettes than one third now say they smoke, up from tional $1.10 would move that to $3.60, made me more high. Now it’s become a roughly a quarter. Among black youths, 22.7 and the teenagers did not see that as a habit. I feel bad because there’s nothing I percent list themselves as smokers, com- can do to stop.’’ pared with the 12.6 who said they smoked in problem. Now we are talking about the The crescendo of concern about teen-age 1991. Worst of all were the smoking rates for legislation that is being debated on the smoking is behind pending Federal legisla- black males, which doubled in the course of floor right now. According to the arti- tion that would raise the price of cigarettes, the study, to 28.2 from 14.1. cle: control advertising to young people and pe- The progression from marijuana to ciga- A few said that $5 a pack might inspire nalize manufacturers if there is not a grad- rettes among black youths was the most pro- them to quit, or at least to try. ual reduction in adolescent smoking. That vocative finding in interviews in recent days But faced with that high a tariff, 17-year- legislation took center stage in Washington with high school students in New York City, old . . . a student in Yonkers, had another just as a new study earlier this month its suburbs, Los Angeles, Chicago and Bos- idea. ‘‘At that price,’’ he said, ‘‘you might as showed a steep rise in the smoking rate ton, who consistently raised the issue with- well buy weed.’’ among black youths. out being asked. But their comments raised In other words, he was saying you The nationwide Federal study showed over- several other troubling issues, as well. all smoking rates had increased by one third The students were perfectly aware of the might as well smoke marijuana be- among high school students between 1991 and health hazards of cigarette smoking. A 17- cause they are going to end up being 1997. Most alarming to experts was the sharp year-old at Norman Thomas High School in about the same price. I don’t think rise among black youths: 22.7 percent in 1997, Manhattan said she was quitting because she anybody on the floor of this Senate has up from 12.6 percent six years earlier. might be pregnant. A 15-year-old at Saunders thought about that. But the kids are Charyn Sutton, whose Philadelphia mar- said she did not smoke during basketball and keting company conducts focus groups for thinking about it. Let us think about softball season but resumed in between. those words, Mr. President: ‘‘At that Federal research agencies, said she first But most paid no mind to the danger. heard about the current progression from And despite laws prohibiting sales to any- price, you might as well smoke weed.’’ marijuana to cigarettes—what she calls the one under 18, virtually all the teen-agers said It is always easy for the partisans of ‘‘reverse gateway effect’’—during focus they purchased cigarettes with no trouble at big government to come up with big groups in 1995 involving black middle school delis and bodegas. spending, big bureaucracy plans, that students. Ms. Sutton already knew about The Federal legislation to curb teen-age whether or not it actually impacts the blunts, cigars hollowed of tobacco and filled smoking depends in large measure on steep intended target, in this case teenage with marijuana. But now the teen-agers told price increases as a deterrent. Sponsors of smoking, it is sure to have all sorts of her that a practice familiar to the drug co- the bill say that raising the price by $1.10 per gnoscenti as early as the 1960’s and 1970’s was pack would reduce youth smoking by as unintended but predictable side effects. popular in the schoolyard of the late 1990’s— much as 40 percent. But talking to high For example, how big of a tax increase enhancing the high of a joint with a ciga- school students suggests this prediction is are we looking at? Well, we don’t know rette. optimistic. for sure. Why shouldn’t we be looking S5628 CONGRESSIONAL RECORD — SENATE June 4, 1998 at this as a big regressive tax, and I offering this amendment which would know if convicted drug dealers have think I can say, in all fairness, the big- ensure that the drug crisis is not ig- moved into their neighborhoods. Our gest regressive tax in American his- nored as we attempt to address the to- amendment requires released Federal tory? How effective will it be in actu- bacco problem. convicts, convicted of major drug ally curbing teenage smoking or, for This amendment collects a number of crimes, to register with local law en- that matter, adult smoking? How much initiatives that would make a serious forcement personnel, who can then put more attractive will it make others? impact on illegal drugs. It takes a their communities on notice. Why not? By that, I am talking about illegal three-pronged approach: attacking the Those are the folks who have been kill- drugs such as marijuana, especially to supply of drugs by strengthening our ing our kids by selling drugs. Why not young people. ability to stop them at the border, pro- let the communities know if they are Well, that teenager from Yonkers viding additional resources to fight back in those communities? These are said it: If you are going to raise to- drugs that reach our neighborhoods, only some of the provisions in our bacco to that price, you just might as and by creating disincentives for teens amendment that attack the supply of well smoke weed. Have we learned any- to use illegal drugs. drugs. thing at all from the black market of Let me talk about some of those pro- We also focus on the demand side of other nations? That has been discussed visions that are embodied in our the problem by supporting local efforts by some of my colleagues on the floor amendment. Let me first talk about to protect our neighborhoods, busi- in the last several weeks, and they the one on supply, the supply side of nesses, and schools from drugs and pro- have used it as an example and it bears the drug problem, because we all know vide incentives for young people to repeating because it shows a reaction it is a supply-demand equation. We stay straight. Our amendment includes to the marketplace. cannot rely just on treatment pro- a provision addressing needle exchange In Canada, by 1992, a pack of ciga- grams for those who have already programs. At a time when drug use, rettes cost about $4.50 in U.S. dollars, started to abuse drugs. And you know particularly heroin use, is increasing, probably about $6.75 in Canadian dol- there is a bit of that attitude—well, this program clearly undermines our lars, while the price in the United yeah, if they get hooked on them, we effort to fight illegal drugs. What pro- States was $2. The result: the loss of will treat them. The problem is some- gram? The current program. The Clin- billions of dollars in tax revenue and times they get hooked on them, and ton program. The green light to subsi- up to 40 percent of the Canadian mar- they get killed or they die before they dizing needle exchange programs. That ket supplied by smuggling, black mar- can get to treatment. We must stop is the green light for drug use. The ket, illegal, under the table, vended in drugs from getting to our kids in the House has already passed legislation to the alley, out of the backs of cars, first place, or make every effort to try stop this, H.R. 3717, by a strong 287 to vended by the black market of drug to stop it. 140 vote. The Senate should do the dealing. Canada rolled back its tobacco One key step in fighting the drug same. Our amendment includes just ex- taxes in 1994, and Sweden recently supply is increased resources for the actly this. I hope the Senate can sup- dropped its tobacco tax over 25 percent. interdiction of those drugs; in other port it. words, law enforcement. Fund them, Do we really want to repeat their mis- Another section of our amendment is put them on alert, make it a No. 1 pri- takes? We are about to start. When the Drug-Free Student Loan Act. It re- ority. This is the area where the ad- cigarettes in Mexico cost about $1 a stricts loan eligibility for students who ministration has been most irrespon- pack, where do you think the border use drugs. This would target substance sible. Slashing the Coast Guard’s anti- will be? Or, more importantly, how can abuse without creating Federal man- drug budget, with the result—and you we protect the border? The movement dates or authorizing new spending. It know what the result was—a major dis- will be significant. puts the kids on notice: ‘‘We ain’t Does anyone think this would not be ruption in the rate of decline. The going to tolerate it anymore. Be a tremendous windfall for organized number of seizures for drug shipments straight, you will get your education. crime or for cross-border drug trade in turned back before they reached the You can have a loan for it. But, use Mexico, which is already at epidemic United States—listen to these figures; drugs and you are falling out of favor proportions? How many funding it happened on the President’s watch with the public.’’ streams is that? Well, taxes, we know after he slashed the interdiction that. And if those funding streams that money—declined by 53 percent. We are The Drug-Free Teen Driving Act in we are asking for to fund all of this dry talking interdiction, at the border or our amendment would encourage up, then how do we pay for the pro- out in the water; a 53-percent decline States to be at least as tough on driv- grams? Because they will surely dry in interdiction from 1992 to 1995. ing privileges for those who use drugs up. Other nations have found that to be So, what does our amendment do? We and drive as those who are drunk driv- the case. And they have had to back give the Coast Guard, the Defense De- ers. Stop and think about the incon- off, to up their moneys, to up their partment, the U.S. Customs Service, sistency today. You get caught a drunk cash flow again to fund the programs the resources they need to target that driver, you get your license pulled. that they were going to feed off of the interdiction before drugs reach the Drug abuse? No. No. We are not ad- taxes they raised from tobacco. American streets. Our amendment does dressing that. This amendment does. As a Republican, I think this big gov- exactly that, and that is our intent. Same treatment. ernment approach is just the wrong Our amendment also includes the Our amendment includes the Drug- way to go, especially when we have no Drug-Free Borders Act, which attacks Free Workplace Act. This section pro- real assurance that these programs will the 70 percent of illegal drugs that vides incentives for employers to im- do any good. enter our country across the Mexican plement antidrug programs in the We need to take a hard look at drug border. Mr. President, 70 percent of the workplace, such as clear antidrug poli- use. And, yes, the teen tobacco use sit- problem is right there on that very cies, drug testing, and employees’ as- uation in this country that we find is identifiable border. These provisions sistance programs. We also assist critical. We need to look at it in a would increase the penalties for crimes schools in the fight against drugs by practical and a principled way. The of violence and other crimes commit- allowing them to use Federal funds for bottom line should be this: If the Clin- ted at our borders and enable the INS drug testing programs and victims’ as- ton administration won’t lead on to hire thousands—yes, thousands—of sistance. Our amendment also provides drugs—and at this point I would say new Border Patrol agents. incentives for States to create an an- their credibility on drugs has been fa- But our amendment does not just nual report card to parents and teach- tally compromised—then it is the Con- stop at the border; it also strengthens ers, listing incidents of school violence gress that should lead. We should lead. the hand of law enforcement in fight- and drug activities. That is our job—to create public policy ing drug dealers at home and abroad. Another critically important part of that makes sense for the American For example, our amendment increases our amendment would back up commu- people. That is why my colleague, the resources available to DEA and the nities in their fight against drugs. We PAUL COVERDELL of Georgia, and I are FBI. We also think parents deserve to would authorize matching grants funds June 4, 1998 CONGRESSIONAL RECORD — SENATE S5629 to support communities’ efforts to es- on local communities and citizens. In- a part of the package. We ought to un- tablish comprehensive, sustainable, stead, we should provide encourage- derstand and not be so naive as to say and accountable antidrug coalitions. ment, support local antidrug initia- that it is the total environment in Senator COVERDELL and I recognize tives, and that is the philosophy behind which the child lives. you cannot do all of this from the top our amendment: Get our law enforce- I mention it only tonight for our down, that you have to work with the ment involved, stop the stuff at the Senate to understand that we cannot grassroots and help it grow from the border. do it; we are blocked on the floor; it is bottom up. These and other provisions In offering the amendment to the not the right thing politically; some- in our amendment are commonsense antitobacco bill, I have been arguing how the unions oppose it. Why don’t we measures to protect our young people that the danger posed by illegal drugs wake up? Why don’t we understand from the growing menace of drugs. is greater and more immediate and that Government can, in fact, by its in- They would counter the wrongheaded more deadly than any immediate prob- action, be an impediment? policies of this administration and lem that tobacco poses on teenage Those are the conclusions I have start sending the right signals to America. drawn, and that is why I am a cospon- America’s youth. It is my strong belief that the bill be- sor with Senator COVERDELL of this, This amendment does not set up new fore us tonight must not ignore the what I believe to be the most impor- bureaucracies nor impose new man- drug crisis that threatens our youth, tant part of this total legislation. dates. It supports law enforcement’s America’s future. Mr. President, in the coming days, attack on the suppliers of drugs. It also Having said all that, however, I do the Senate will be faced with a stark supports local efforts to control drugs not mean to suggest that we should ig- choice: We can be panicked down the in neighborhoods, schools, and busi- nore teenage smoking. Let me repeat road of least resistance to passing a big nesses. Nothing can be more important that for the Record, because I am quite Government antitobacco bill that than supporting these local efforts, be- sure there are some who will say, won’t do the job but will become a per- cause they are the front line in the war ‘‘Well, COVERDELL and CRAIG are trying manent tax and regulatory nightmare, on drugs. And right now, with the ef- to switch the focus.’’ No; we are trying or we can pass some commonsense leg- forts in communities to be drug free, to refocus. We are trying to do fine islation that will help States, local- they are the only line, the only real focus. We are trying to get this Gov- ities, communities, and, most of all, line that is working. We do not need ernment pointed in the right direction. parents take charge of their children’s the hammer of the Federal Govern- In fact, as I have already pointed out, future. We can mount a strong ment to force communities to take ac- there is a connection between youth antismoking campaign, and we can as- tion. As I have mentioned, they are al- smoking and drug use. sist States to do so. ready at it. All they need is a few re- There are a number of commonsense Really, when it comes to controlling sources and our help. antismoking measures we should seri- our borders, when it comes to stopping Let me give an example of something ously consider, but I would like to the massive new flow of drugs into this that is happening in my State that I draw my colleagues’ attention to the country, stimulated by an administra- am so proud of. It is called the Enough one thing in particular we know to be tion that just doesn’t want to face the Is Enough campaign. It is a commu- effective in combating not just teenage issue, then it is time the Congress nity-based drug prevention campaign smoking, but drug use, violence, sui- speak, and we can speak clearly and de- driven by the private sector. No gov- cide, sexual behavior, and emotional cisively if we vote, pass, and add as a ernment dollars or controls are in- disturbances. major component to this tobacco legis- volved. Why? The problem became so In an area that is fairly underrated lation the Coverdell-Craig teenage bad in the Clinton years, the commu- and where the Clinton administration antidrug amendment. nities had to take it on. They said, ‘‘If definitely has been a part of the prob- It sets us in the right direction. It is we cannot get help from the Federal lem, the one thing is parental involve- a quantum step toward dealing with Government, we will do it ourselves,’’ ment in their children’s lives. A recent teenage drug use that, by everyone’s because they saw the numbers going up Washington Post article entitled ‘‘Love measurement, is moving at an astro- and they saw the deaths occurring. Conquers What Ails Teens, Studies nomical rate, taking lives in unbeliev- Most people in Idaho agree that this Find’’ summarized the results of a Fed- able numbers. We hear the statistic, program is the most effective antidrug, eral study known as the National Lon- 3,000 kids start smoking every day, and drug awareness campaign they have gitudinal Study of Adolescent Health that is true, but thousands try drugs ever seen. It builds on the systems based on a survey of 90,000 students and get hooked and thousands die with- within every community that influence grade 7 through 12 and published in the in a very short time. and involve specific groups of individ- Journal of the American Medical Asso- Thank goodness that in your adult uals. It recognizes that each system ciation: years, if you are a smoker, sometimes has a special, specific role to play in Teenagers who have a strong emotional at- common sense hits you like it hit me, the prevention that is necessary and tachment to their parents and teachers are that it was the wrong thing to do, that that it involves all of the community. much less likely to use drugs and alcohol, at- it wasn’t healthy, that it was socially It unites these systems. It includes the tempt suicide, engage in violence, become unacceptable, and that it was not going media and the public and private sec- sexually active at an early age. to cause me to be a good influence over tors behind a common goal—to equip That is what the Post reported. my children, and I quit. But I doubt se- our children to walk drug free through Though less important than the emo- riously that in my youth, if I had been a drug-filled world. It focuses on com- tional connection, the presence of par- hooked on drugs, I might not have had munity teamwork to fight the drug ents at home at key times in the morn- the opportunity to quit. culture and regain the quality of life ing, after school, at dinner, at bedtime I hope this Congress awakens to the for our children. Enough Is Enough is make teenagers less likely to use alco- real issue, and I think my colleague the largest community-wide drug pre- hol, tobacco and marijuana. from Georgia and I are bringing the vention effort in Idaho’s history. Anti- Mr. President, the Federal Govern- real issue to the floor of the U.S. Sen- drug advocate Milton Creagh has deliv- ment cannot mandate family cohesion, ate. We will debate it tomorrow, and ered his challenge to communities all but I cannot think of a better argu- we will debate it Monday. I hope that over the State. More than 100,000 peo- ment for passing S. 4, the Family we have a resounding vote in favor of ple have already participated in the Friendly Workplace Act. That would the Coverdell-Craig amendment, that program, and additional community encourage a host of comptime-flextime it become a part of this total package, coalitions are being formed every day. options for America’s parents. Why am and that we deal with it in a fair and This program is proof that the Fed- I talking about this when we are trying responsible way, then find and bring eral Government does not have all the to stop teenagers from smoking, when about the funding necessary to ensure answers. In fact, the Federal Govern- we have an amendment on the floor that we can put our Coast Guard back ment can do a lot of harm by forcing about teenage drug abuse that we are to interdiction, that we can stop the wrong programs and wrong incentives trying to curb? Because it ought to be flow at the borders, that we can go S5630 CONGRESSIONAL RECORD — SENATE June 4, 1998 after the pusher on the street, and that himself as a common man. My dad is the The Profile in Courage award takes we can show our young people that same way. They understood early on, that its name from President Kennedy’s starting or experimenting with drugs is every person has a unique and individual Pulitzer Prize-winning book, ‘‘Profiles not only unacceptable as a part of the worth, and that that is why freedom is indis- in Courage,’’ which my brother wrote pensable to assure man’s proper place in na- American culture, but that we will in- ture. in the 1950’s, while he was still a Sen- sist they quit for their safety and for As a young man, Barry Goldwater helped ator. The book told the stories of elect- their future. run his family’s trading post on the Navajo ed officials in American history who Mr. President, I yield the floor. reservation. He knew the Hopi and the Nav- showed extraordinary political courage Ms. COLLINS. Mr. President, I sug- ajo people and appreciated their way of life. by doing what they thought was right, gest the absence of a quorum. He captured on film the character and dig- in spite of powerful resistance and op- The PRESIDING OFFICER. The nity of Native Americans and other people. position. He saw their qualities as individuals, and clerk will call the roll. learned from them and respected them. Nick Murnion clearly demonstrated The assistant legislative clerk pro- Others wanted to remake human nature. that quality of political courage, and ceeded to call the roll. Barry Goldwater appreciated it, as it is. In he did so at great physical risk to him- Ms. COLLINS. Mr. President, I ask that respect, he grasped the truth of the self as well. His small rural community unanimous consent that the order for Founding Fathers, that freedom is indispen- in Montana came under siege, begin- the quorum call be rescinded. sable for the fulfillment of God’s purposes for ning in 1993, from the Freemen, a bel- The PRESIDING OFFICER. Without those He created in His image. ligerent anti-government militia that This homegrown insight is what led him to objection, it is so ordered. be so alarmed by the growth and power of took root in the area. The members of f government since the New Deal. ‘‘A govern- the Freemen refused to abide by local ment that is big enough to give you all you laws or pay taxes. They harassed and MORNING BUSINESS want is big enough to take it all away,’’ he threatened public officials, and threat- Ms. COLLINS. Mr. President, I ask said, reaffirming the belief in limited gov- ened the life of Nick Murnion and any- unanimous consent that there now be a ernment upon which America was estab- one else who challenged them. period for the transaction of routine lished, and upon which he and Ronald But Nick Murnion stood his ground, Reagan and others constructed a conserv- and armed with the rule of law and the morning business with Senators per- atism for our time. mitted to speak for up to 10 minutes It was necessary to have someone of his strong support of other citizens in the each. courage and plain speaking to persuade oth- community, he prevailed. Finally, in The PRESIDING OFFICER. Without ers of this nature-driven view of liberty and 1996, the FBI came to provide assist- objection, it is so ordered. smaller government, at a time when it was ance, and after a dramatic 81-day siege, f not considered a very respectable view. the militia members surrendered But, as Matthew Arnold said, ‘‘The free- peacefully. IN MEMORY OF BARRY thinking of one age is the common sense of Today, as the nation struggles to GOLDWATER the next.’’ There is no doubt that Barry Goldwater—as the pathbreaker for today’s deal with extremist groups, hate Mr. KYL. Mr. President, I ask unani- common-sense conservatism—is the most in- crimes, church bombings, schoolyard mous consent that the eulogy I deliv- fluential Arizonan in our lifetime, indeed, in shootings, and other distressing acts of ered at the funeral for the former U.S. the lifetime of Arizona as a state. violence in our society, Nick Murnion’s Senator from Arizona, Barry Gold- Summarizing his own life, in 1988 he wrote: inspiring story reminds us of leader- ‘‘Freedom has been the watchword of my water, in Tempe, Arizona on June 3, ship at its best in our democracy. political life. I rose from a dusty little fron- In accepting the Profile in Courage 1998, be printed in the RECORD. tier town and preached freedom across the There being no objection, the eulogy land all my days. It is democracy’s ultimate Award, Nick Murnion delivered a truly was ordered to be printed in the power and assures its eventual triumph over eloquent address at the Kennedy Li- RECORD, as follows: communism. I believe in faith, hope, and brary in Boston, and I ask unanimous IN MEMORY OF BARRY GOLDWATER charity. But none of these is possible with- consent that his remarks be printed in out freedom.’’ the RECORD. (Remarks of Jon Kyl, Tempe, Arizona, As It was a privilege to know someone who Delivered June 3, 1998) There being no objection, the re- was as obvious in his virtues as he was in his marks were ordered to be printed in We honor Barry Goldwater today by re- opinions. When I visited with him in the last flecting on why he has made such a mark on few years, he seemed reluctant to offer the the RECORD, as follows: our state, our nation, and the world. specific political advice that I occasionally ADDRESS OF GARFIELD COUNTY ATTORNEY All of us probably remember the first time sought from him. He wanted instead to talk NICKOLAS S. MURNION, 1998 PROFILE IN we met Barry. In my case, it was in May 1961 about the people he had known, about his COURAGE AWARD CEREMONY, MAY 29, 1998 when I was a student at the University of Ar- early formative experiences in Arizona, and Members of the President’s family, Trust- izona. After working with him in the politi- about history. ees of the John F. Kennedy Library Founda- cal arena for most of the ensuing years, and There are too few people who give you the tion, family and friends. after visiting with him often during his re- feeling that they have the long view in mind. I was both shocked and delighted four tirement, I think I know why he has had the Barry Goldwater did. There are too few who weeks ago when Caroline Kennedy called me influence he has had. I have come to believe show us what it is like for a man to guide his in a little town in Montana to give me the it is because of his very unique perspective— life by true principles. Barry Goldwater great news that I had been selected as this about nature, including human nature. showed us. The Senator from Arizona was year’s John F. Kennedy Profile in Courage It is why he could do without all of the po- not only a great patriot, he was, as he wished recipient. I had a vague awareness of the litical folderol that preoccupies so many in to be remembered, an honest man who tried. award, but my first reaction was disbelief. I public life. It is why he could shrug off his f couldn’t figure out how I could be selected defeat in the presidential election of 1964— for such a prestigious honor, when I had no not because he didn’t care, but because he NICK MURNION OF GARFIELD idea I was even being considered. I will also knew, in the end, the most important thing COUNTY, MONTANA—PROFILE IN admit that at the time, I was almost more in was to tell the truth as he saw it, and to COURAGE awe in talking with Caroline Kennedy than build a foundation for the future. Mr. KENNEDY. Mr. President, on in getting the great news about the award. It is why he cared about and understood My first recollection of any political race people so well, and could shape a political May 29, during the Memorial Day re- was in 1960, when at the age of 7 I asked to philosophy which works precisely because it cess last week, the Kennedy Library see pictures in the newspaper of who was is predicated upon the true nature of man. Foundation held its annual ‘‘Profile in running for President of the United States. That sense of perspective, of what truly Courage’’ Award Ceremony at the Ken- My first impression was that there was no mattered, was rooted in his early experiences nedy Library in Boston. The 1998 Pro- question I would have voted for John F. Ken- traveling this state, rafting down the Grand file in Courage Award was presented to nedy. Later I remember a schoolteacher tell- Canyon, photographing Arizona’s landscapes Nickolas C. Murnion, the County At- ing us to remember President Kennedy as and getting to know a lot of common people. torney of Garfield County, Montana, having made some of the most eloquent He was very much a part of the land, the speeches in our time. Looking back at those desert, the mountains, and the people and for his courageous leadership in the speeches now, I believe she was right. The places of Arizona. confrontation earlier in this decade Kennedy presidency was one that I remem- One reason I think he liked common people with the militia group called the ber very fondly for the ideals expressed and is because, like Abraham Lincoln, he saw Freemen. the vision of a future where everyone could June 4, 1998 CONGRESSIONAL RECORD — SENATE S5631 share in the American Dream. Politics was a City bombing. They have not gone away, al- THE VERY BAD DEBT BOXSCORE noble profession to which a young person though their movement has gone more un- could aspire. derground. They will be back with the same Mr. HELMS. Mr. President, at the One of my biggest honors in being chosen hate-filled message filled with scapegoats close of business yesterday, Wednes- to receive this award is to represent the Big and conspiracy theories for all their prob- day, June 3, 1998, the federal debt stood Sky State of Montana. Apparently, John F. lems. at $5,496,176,063,717.35 (Five trillion, Kennedy also was fond of our state. When he As a prosecutor, I am not sure I did any- four hundred ninety-six billion, one addressed the Montana Democratic Conven- thing in this situation that any other pros- hundred seventy-six million, sixty- tion in 1960, he quoted Thoreau: ‘‘Eastward I ecutor in America would not have done. Ev- only go by force. Westward I go free.’’ Then three thousand, seven hundred seven- eryday, all across this country, men and teen dollars and thirty-five cents). he added, ‘‘That is why I have come to Mon- women in law enforcement put their lives on tana.’’ the line to enforce the law, so that the rest One year ago, June 3, 1997, the federal President’s Kennedy’s last stop was in of us can live in peace. They are the true un- debt stood at $5,357,051,000,000 (Five Great Falls on September 26, 1963, where he sung heroes. trillion, three hundred fifty-seven bil- closed his final speech by saying: ‘‘This sun For many months before the FBI finally lion, fifty-one million). in this sky which shines over Montana can came to Garfield County, we tried to devise Five years ago, June 3, 1993, the fed- be, I believe, the kind of inspiration to us all ways to serve our arrest warrants on fugi- eral debt stood at $4,294,168,000,000 to recognize what a great single country we tives residing in an armed camp. In those have—50 separate states, but one people liv- (Four trillion, two hundred ninety-four meetings, I learned the immense pressure billion, one hundred sixty-eight mil- ing here in the United States, building this felt by our leaders when they have to send country and maintaining the watch around men into harms way. The decision to make lion). the globe. This is the opportunity before us any attempt to serve our arrest warrants Ten years ago, June 3, 1988, the fed- as well as the responsibility.’’ could result in the death of law enforcement eral debt stood at $2,573,962,000,000 (Two As I appear before you today in the great personnel and of those people you previously trillion, five hundred seventy-three bil- state of Massachusetts and in this historical considered to be your friend and neighbors. city of Boston, I am proud to be part of these lion, nine hundred sixty-two million). Most importantly, you learn that contrary 50 great states. My experience the last five Fifteen years ago, June 3, 1983, the to the television and the movie portrayals, years in dealing with the Montana Freemen federal debt stood at $1,313,457,000,000 sending armed men into an armed camp al- has instilled in me a great appreciation for (One trillion, three hundred thirteen most always results in something going our democratic form of government. Until wrong. billion, four hundred fifty-seven mil- you have to fight for your government you lion) which reflects a debt increase of tend to take it for granted. In 1994 in a small I also learned that those in law enforce- ment who are trained to take these actions more than $4 trillion— county in Montana with only 1,500 residents $4,182,719,063,717.35 (Four trillion, one and one sheriff and one deputy, our people are much like you and me. They are married had to make a decision to take a stand with families, and their biggest desire is to hundred eighty-two billion, seven hun- against 30 armed insurrectionists, even go back to their families. I salute all of the dred nineteen million, sixty-three though it put their own lives and property at fine men and women in the F.B.I. who came thousand, seven hundred seventeen dol- risk. Even with the knowledge of the risks, to our aid in Garfield County. I also want us lars and thirty-five cents) during the 80 people signed up to assist law enforcement to remember F.B.I. agent Kevin Cramer, who past 15 years. in whatever was needed to be done to deal lost his life in an automobile accident on his f with a situation which was rapidly escalat- way to the standoff area. He left behind a wife and two small children and we should ing into an armed confrontation. In accept- U.S. FOREIGN OIL CONSUMPTION ing this award I wish to acknowledge the not forget that we did have a fatality caused courage of those 80 people and of the rest of by the standoff. FOR WEEK ENDING MAY 29TH I want to share this honor with the people the community which overwhelmingly con- Mr. HELMS. Mr. President, the demned this movement. of the great state of Montana who have over In ‘‘Profiles in Courage’’ I was struck by the past few years had to deal with different American Petroleum Institute reported the stands taken by different people in his- types of hate groups in different commu- for the week ending May 29, that the tory which left them alone to fight the bat- nities. In almost every case, the commu- U.S. imported 8,549,000 barrels of oil tle. Everyone seemed to desert them at one nities have come together to condemn the each day, an increase of 175,000 barrels time or another. I never felt completely hate-motivated activities. In Billings, we a day over the 8,374,000 imported during had the wonderful example of a community alone in this struggle. I had the people of the same week a year ago. Garfield County for support. I had Attorney showing support by placing menorahs in the windows of hundreds of homes after a Jewish Americans relied on foreign oil for General Joe Mazurek assisting on behalf of 57.2 percent of their needs last week. the State of Montana. When times got real family had a brick thrown through their bad, I knew I could always call on Senator window. There are no signs that the upward spi- Max Baucus for help. In other parts of Montana, we have had ral will abate. Before the Persian Gulf The story of Edmund G. Ross who cast the other Freemen-type activity which law en- War, the United States obtained ap- deciding vote in stopping the impeachment forcement has vigorously prosecuted. Lately, proximately 45 percent of its oil supply of President Andrew Johnson particularly we had a fire set on one of our Hutterite from foreign countries. During the touched me. Ross voted against the impeach- colonies, which has led to condemnation by Arab oil embargo in the 1970s, foreign our Congressman and an intensive criminal ment to save the Union against those who oil accounted for only 35 percent of wanted to continue the struggles brought on investigation. by the Civil War. Years later the Kansas In Billings, Montana a campaign to deal America’s oil supply. newspapers finally praised the actions of with hate groups used the message ‘‘Not in Politicians had better give consider- Ross. ‘‘By the firmness and courage of Sen- our Town.’’ In Garfield County, the message ation to the economic calamity sure to ator Ross, it was said, the country was saved our people sent was clear. ‘‘Not in our Coun- occur in America if and when foreign from calamity greater than war, while it ty.’’ In the State of Montana, I am proud to producers shut off our supply—or dou- consigned him into a political martyrdom, say we have sent a message ‘‘Not in our ble the already enormous cost of im- the most cruel in our history. Ross was the State.’’ I stand before you today in the great ported oil flowing into the U.S.—now state of Massachusetts and say ‘‘Not in this victim of a wild flame of intolerance which 8,549,000 barrels a day. swept everything before it. He did his duty Country.’’ knowing it meant his political death. It was Those groups who look with envious eyes f a brave thing for Ross to do, but Ross did it. at the vast open spaces of Montana with the He acted for his conscience and with a lofty idea of making it some type of refuge for MESSAGES FROM THE PRESIDENT patriotism, regardless of what he knew must white supremacists need to understand: We Messages from the President of the know about you and your hate-filled ideas. be the ruinous consequences to himself. He United States were communicated to was right.’’ We will expose the truth about you and the There is a growing wave of intolerance in truth will defeat you. To the rest of Amer- the Senate by Mr. Williams, one of his this country by those groups, which call ica, let Montana be an example of how hate secretaries. themselves patriots, militias, constitutional- can be conquered. EXECUTIVE MESSAGES REFERRED ists, common law courts, posse commitatus, Finally I share this award with my wife As in executive session the Presiding and freemen. Their numbers are estimated at and children who have had to endure the Officer laid before the Senate messages between 5 and 20 million. They appear to be threats for the past 5 years. They have quiet- the disenfranchised Americans who believe ly stood by me and I thank them for that. I from the President of the United the government has gotten so corrupt that am deeply honored to accept this award and States submitting sundry nominations the only solution is revolution. They were hope that I can live up to the ideals behind which were referred to the appropriate not taken very seriously until the Oklahoma it each day of the rest of my life. committees. S5632 CONGRESSIONAL RECORD — SENATE June 4, 1998 (The nominations received today are States, together with an accompanying H.R. 2798. An act to redesignate the build- printed at the end of the Senate pro- report; which was referred to the Com- ing of the United States Postal Service lo- ceedings.) mittee on Finance: cated at 2419 West Monroe Street, in Chi- cago, Illinois, as the ‘‘Nancy B. Jefferson f To the Congress of the United States: Post Office Building’’; to the Committee on I hereby transmit the document re- Government Affairs. REPORT CONCERNING THE EXTEN- ferred to in subsection 402(d)(1) of the H.R. 2799. An act to redesignate the build- SION OF WAIVER AUTHORITY Trade Act of 1974, as amended (the ing of the United States Postal Service lo- FOR BELARUS—MESSAGE FROM ‘‘Act’’), with respect to the continu- cated at 324 South Laramie Street in Chi- THE PRESIDENT—PM 134 ation of a waiver of application of sub- cago, Illinois, as the ‘‘Reverend Milton R. The PRESIDING OFFICER laid be- sections (a) and (b) of section 402 of the Brunson Post Office Building’’; to the Com- mittee on Governmental Affairs. fore the Senate the following message Act to the People’s Republic of China. H.R. 3504. An act to amend the John F. from the President of the United This document constitutes my rec- Kennedy Center Act to authorize appropria- States, together with an accompanying ommendation to continue in effect this tions for the John F. Kennedy Center for the report; which was referred to the Com- waiver for a further 12-month period Performing Arts and to further define the mittee on Finance: and includes my determination that criteria for capital repair and operation and continuation of the waiver currently in maintenance; to the Committee on Environ- To the Congress of the United States: effect for the People’s Republic of ment and Public Works. I hereby transmit the document re- China will substantially promote the H.R. 3630. An act to redesignate the facility ferred to in subsection 402(d)(1) of the objectives of section 402 of the Act, and of the United States Postal Service located Trade Act of 1974, as amended (the my reasons for such determinations. at 9719 Candelaria Road NE., in Albuquerque, ‘‘Act’’), with respect to the continu- New Mexico, as the ‘‘Seven Schiff Post Of- WILLIAM J. CLINTON. fice’’; to the Committee on Governmental ation of a waiver of application of sub- THE WHITE HOUSE, June 3, 1998. sections (a) and (b) of section 402 of the Affairs. f H.R. 3808. An act to designate the United Act. This document constitutes my MESSAGES FROM THE HOUSE States Post Office located at 47526 Clipper recommendation to continue in effect Drive in Plymouth, Michigan, as the ‘‘Carl this waiver for a further 12-month pe- At 10:49 a.m., a message from the D. Pursell Post Office’’; to the Committee on riod and includes my determination House of Representatives, delivered by Governmental Affairs. that continuation of the waiver cur- Mr. Hays, one of its reading clerks, an- f rently in effect for the Republic of nounced that the House has passed the Belarus will substantially promote the following bills, in which it requests the ENROLLED BILL PRESENTED objectives of section 402 of the Act, and concurrence of the Senate: The Secretary of the Senate reported my reasons for such determination. I H.R. 2798. An act to redesignate the build- that on June 4, 1998 he has presented to will submit separate reports with re- ing of the United States Postal Service lo- the President of the United States, the spect to Vietnam and the People’s Re- cated at 2419 West Monroe Street, in Chi- following enrolled bill: cago, Illinois, as the ‘‘Nancy B. Jefferson public of China. Post Office Building.’’ S. 1605. An act to established a matching WILLIAM J. CLINTON. H.R. 2799. An act to redesignate the build- grant program to help State and local juris- THE WHITE HOUSE, June 3, 1998. ing of the United States Postal Service lo- dictions purchase armor vests for use by law enforcement departments. f cated at 324 South Laramie Street, in Chi- cago, Illinois, as the ‘‘Reverend Milton R. f Brunston Post Office Building.’’ REPORT CONCERNING THE EXTEN- EXECUTIVE AND OTHER SION OF WAIVER AUTHORITY H.R. 3504. An act to amend the John F. Kennedy Center Act to authorize appropria- COMMUNICATIONS FOR VIETNAM—MESSAGE FROM tions for the John F. Kennedy Center for the The following communications were THE PRESIDENT—PM 135 Performing Arts and to further define the laid before the Senate, together with The PRESIDING OFFICER laid be- criteria for capital repair and operation and maintenance. accompanying papers, reports, and doc- fore the Senate the following message H.R. 3630. An act to redesignate the facility uments, which were referred as indi- from the President of the United of the United States Postal Service located cated: States, together with an accompanying at 9719 Candelaria Road NE., in Albuquerque, EC–5196. A communication from the Ad- report; which was referred to the Com- New Mexico, as the ‘‘Steven Schiff Post Of- ministrator of the Agricultural Marketing fice.’’ mittee on Finance: Service, Department of Agriculture, trans- H.R. 3808. An act to designate the United To the Congress of the United States: States Post Office located at 47526 Clipper mitting, pursuant to law, the report of a rule I hereby transmit the document re- Drive in Plymouth, Michigan, as the ‘‘Carl entitled ‘‘1998 Amendment to Cotton Board D. Pursell Post Office.’’ Rules and Regulations Adjusting Supple- ferred to in subsection 402(d)(1) of the mental Assessment on Imports’’ (Docket CN– Trade Act of 1974 (the ‘‘Act’’), as H.R. 3978. An act to restore the provision agreed to the conferees to H.R. 2400, entitled 98–002) received on May 28, 1998; to the Com- amended, with respect to the continu- the ‘‘Transportation Equity Act for the 21st mittee on Agriculture, Nutrition, and For- ation of a waiver of application of sub- Century,’’ but not included in the conference estry. sections (a) and (b) of section 402 of the report to H.R. 2400, and for other purposes. EC–5197. A communication from the Ad- Act to Vietnam. This document con- The message also announced that the ministrator of the Agricultural Marketing Service, Department of Agriculture, trans- stitutes my recommendation to con- House has passed the following bill, tinue in effect this waiver for a further mitting, pursuant to law, the report of a rule without amendment: entitled ‘‘Hazelnuts Grown in Oregon and 12-month period and includes my deter- S. 1244. An act to amend title 11, United Washington; Establishment of Interim and mination that continuation of the States Code, to protect certain charitable Final Free and Restricted Percentages for waiver currently in effect for Vietnam contributions, and for other purposes. the 1997–98 Marketing Year’’ (Docket FV98– will substantially promote the objec- ENROLLED BILL SIGNED 982–1 FIR) received on May 28, 1998; to the tives of section 402 of the Act, and my At 7:11 p.m., a message from the Committee on Agriculture, Nutrition, and reasons for such determination. House of Representatives, delivered by Forestry. WILLIAM J. CLINTON. Mr. Hanrahan, one of its reading EC–5198. A communication from the Ad- ministrator of the Agricultural Marketing THE WHITE HOUSE, June 3, 1998. clerks, announced that the Speaker has signed the following enrolled bill; Service, Department of Agriculture, trans- f mitting, pursuant to law, the report of a rule H.R. 824. An act to redesignate the Federal entitled ‘‘Melons Grown in South Texas; De- REPORT CONCERNING THE EXTEN- building located at 717 Madison Place, N.W., creased Assessment Rate’’ (Docket FV98–979– in the District of Columbia, as the ‘‘Howard SION OF WAIVER AUTHORITY 1 FIR) received on May 28, 1998; to the Com- T. Markey National Courts Building.’’ FOR THE PEOPLE’S REPUBLIC mittee on Agriculture, Nutrition, and For- OF CHINA—MESSAGE FROM THE f estry. PRESIDENT—PM 136 MEASURES REFERRED EC–5199. A communication from the Ad- ministrator of the Agricultural Marketing The PRESIDING OFFICER laid be- The following bills were read the first Service, Department of Agriculture, trans- fore the Senate the following message and second times by unanimous con- mitting, pursuant to law, the report of a rule from the President of the United sent and referred as indicated: entitled ‘‘Grapes Grown in a Designated Area June 4, 1998 CONGRESSIONAL RECORD — SENATE S5633 of Southeastern California and Imported port entitled ‘‘Assessment of Reports from report of a rule entitled ‘‘Identification of Table Grapes; Revision in Minimum Grade, the Military Departments on Sexual Harass- Ozone Areas Attaining the 1-Hour Standard Container, and Pack Requirements’’ (Docket ment Complaints’’; to the Committee on and to Which the 1-Hour Standard is No FV98–925–3 FIR) received on May 28, 1998; to Armed Services. Longer Applicable’’ (FRL6105–6) received on the Committee on Agriculture, Nutrition, EC–5211. A communication from the Assist- May 29, 1998; to the Committee on Environ- and Forestry. ant Secretary for Strategy and Threat Re- ment and Public Works. EC–5200. A communication from the Ad- duction, Department of Defense, transmit- EC–5223. A communication from the Direc- ministrator of the Agricultural Marketing ting, pursuant to law, a report entitled ‘‘Rus- tor of the Office of Management and Budget, Service, Department of Agriculture, trans- sian Plutonium Production Reactor Core Executive Office of the President, transmit- mitting, pursuant to law, the report of a rule Conversion Project’’; to the Committee on ting, a draft of proposed legislation to grant entitled ‘‘Sweet Onions Grown in the Walla Armed Services. the District of Columbia control over local Walla Valley of Southeast Washington and EC–5212. A communication from the Under revenues; to the Committee on Govern- Northeast Oregon; Increased Assessment Secretary of Defense for Acquisition and mental Affairs. Rate’’ (Docket FV98–956–2 FR) received on Technology, transmitting, pursuant to law, a EC–5224. A communication from the In- May 28, 1998; to the Committee on Agri- report on the best commercial inventory terim District of Columbia Auditor, trans- culture, Nutrition, and Forestry. practices; to the Committee on Armed Serv- mitting, pursuant to law, a report entitled EC–5201. A communication from the Con- ices. ‘‘Review of The Financial And Administra- gressional Review Coordinator, Animal and EC–5213. A communication from the Chief tive Activities of The Boxing and Wrestling Plant Health Inspection Service, Department of the Regulations Branch, United States Commission For Fiscal Years 1996 and 1997’’; of Agriculture, transmitting, pursuant to Customs Service, Department of the Treas- to the Committee on Governmental Affairs. law, the report of a rule entitled ‘‘Commuted ury, transmitting, pursuant to law, the re- EC–5225. A communication from the Direc- Traveltime Periods: Overtime Services Re- port of a rule entitled ‘‘Prior Disclosure’’ tor of Corporate Audits and Standards, Ac- lating to Imports and Exports’’ (Docket 98– (RIN1515–AB98) received on May 26, 1998; to counting and Information Management Divi- 051–1) received on May 28, 1998; to the Com- the Committee on Finance. sion, General Accounting Office, transmit- mittee on Agriculture, Nutrition, and For- EC–5214. A communication from the Chief ting, a report entitled ‘‘Congressional Award estry. of the Regulations Branch, United States Foundation’s 1997 and 1996 Financial State- EC–5202. A communication from the Ad- Customs Service, Department of the Treas- ments’’; to the Committee on Governmental ministrator of the Grain Inspection, Packers ury, transmitting, pursuant to law, the re- Affairs. EC–5226. A communication from the Ad- and Stockyards Administration, Department port of a rule entitled ‘‘Emissions Standards ministrator of the Panama Canal Commis- of Agriculture, transmitting, pursuant to for Imported Nonroad Engines’’ (RIN1515– sion, transmitting, a report entitled ‘‘Finan- law, the report of a rule entitled ‘‘General AC28) received on May 26, 1998; to the Com- cial Statements For the Years Ended Sep- Regulations and Standards for Certain Agri- mittee on Finance. tember 30, 1997 and 1996 Together With Audi- cultural Commodities’’ (RIN0580–AA54) re- EC–5215. A communication from the Chief tors’ Report’’; to the Committee on Govern- ceived on May 28, 1998; to the Committee on of the Regulations Branch, United States mental Affairs. Customs Service, Department of the Treas- Agriculture, Nutrition, and Forestry. EC–5227. A communication from the Office EC–5203. A communication from the Sec- ury, transmitting, pursuant to law, the re- of the Public Printer, U.S. Government retary of Agriculture, transmitting, a draft port of a rule entitled ‘‘Automated Clearing- Printing Office, transmitting, pursuant to of proposed legislation entitled ‘‘Department house Credit’’ (RIN1515–AC26) received on law, the report of the Office of the Inspector of Agriculture Fee Act’’; to the Committee May 26, 1998; to the Committee on Finance. General for the period October 1, 1997, EC–5216. A communication from the Chief on Agriculture, Nutrition, and Forestry. through March 31, 1998; to the Committee on EC–5204. A communication from the Sec- of the Regulations Branch, United States Governmental Affairs. retary of Defense, transmitting, pursuant to Customs Service, Department of the Treas- EC–5228. A communication from the Sec- law, the report of a certification regarding a ury, transmitting, pursuant to law, the re- retary of Health and Human Services, trans- multiyear contract for the Family of Me- port of a rule entitled ‘‘Procedural Change mitting, pursuant to law, a report under the dium Tactical Wheeled Vehicles program; to Regarding American Shooks and Staves’’ Inspector General Act for the period October the Committee on Armed Services. (RIN1515–AC18) received on May 28, 1998; to 1, 1997 through March 31, 1998; to the Com- EC–5205. A communication from the Sec- the Committee on Finance. mittee on Governmental Affairs. retary of Defense, transmitting, pursuant to EC–5217. A communication from the Sec- EC–5229. A communication from the Direc- law, a report on the weapons storage secu- retary of Health and Human Services, trans- tor of the Office of Personnel Management, rity project and a certification regarding mitting, pursuant to law, a report on the transmitting, pursuant to law, the report of strategic offensive arms; to the Committee Temporary Assistance for Needy Families a rule entitled ‘‘Federal Employees Health on Armed Services. (TANF) Contingency Fund; to the Commit- Benefits Program: Removal of Minimum Sal- EC–5206. A communication from the Sec- tee on Finance. ary Requirement’’ (RIN3206–AI05) received on retary of Defense, transmitting, pursuant to EC–5218. A communication from the Sec- May 28, 1998; to the Committee on Govern- law, a report entitled ‘‘Response to Rec- retary of Health and Human Services, trans- mental Affairs. ommendations Concerning Improvements to mitting, pursuant to law, the report of a rule EC–5230. A communication from the Sec- Department of Defense Joint Manpower entitled ‘‘Surety Bond Requirements for retary of Agriculture, transmitting, pursu- Process’’; to the Committee on Armed Serv- Home Health Agencies’’ (RIN0938–AI86) re- ant to law, the report of the Office of Inspec- ices. ceived on May 29, 1998; to the Committee on tor General for the period October 1, 1997 EC–5207. A communication from the Direc- Finance. through March 31, 1998; to the Committee on tor of Defense Procurement, Office of the EC–5219. A communication from the Ad- Governmental Affairs. Under Secretary of Defense for Acquisition ministrator of the Environmental Protection EC–5231. A communication from the Chair- and Technology, transmitting, pursuant to Agency, transmitting, pursuant to law, a re- man and the General Counsel of the National law, the report of a rule entitled ‘‘Defense port entitled ‘‘1996 National Water Quality Labor Relations Board, transmitting, pursu- Federal Acquisition Regulation Supplement; Inventory Report’’; to the Committee on En- ant to law, the report of the Office of the In- Waiver of Domestic Source Restrictions’’ vironment and Public Works. spector General for the period April 1, 1997 (Case 97–D321) received on May 26, 1998; to EC–5220. A communication from the Direc- through September 30, 1997; to the Commit- the Committee on Armed Services. tor of the Office of Regulatory Management tee on Governmental Affairs. EC–5208. A communication from the Direc- and Information, Environmental Protection EC–5232. A communication from the Chair- tor of the Washington Headquarters Serv- Agency, transmitting, pursuant to law, the man of the Federal Maritime Commission, ices, Department of Defense, transmitting, report of a rule regarding Air Quality Imple- transmitting, pursuant to law, the report of pursuant to law, the report of a rule entitled mentation Plans in the District of Columbia the Inspector General for the period October ‘‘Civilian Health and Medical Program of the (FRL6103–3) received on May 26, 1998; to the 1, 1997 through March 31, 1998; to the Com- Uniformed Services (CHAMPUS); Waiver of Committee on Environment and Public mittee on Governmental Affairs. Collection of Payments Due From Certain Works. EC–5233. A communication from the Chair- Persons Unaware of Loss of CHAMPUS Eligi- EC–5221. A communication from the Direc- man of the District of Columbia Financial bility’’ (RIN0720–AA43) received on May 26, tor of the Office of Regulatory Management Responsibility and Management Assistance 1998; to the Committee on Armed Services. and Information, Environmental Protection Authority, transmitting, pursuant to law, EC–5209. A communication from the Gen- Agency, transmitting, pursuant to law, the the Financial Plan and Budget for the Dis- eral Counsel of the Department of Defense, report of two rules regarding lead hazard trict of Columbia for fiscal year 1999; to the transmitting, pursuant to law, the report of education and Wyoming landfill gas emis- Committee on Governmental Affairs. the Department of Defense Panel to Study sions (FRL5751–7, FRL6104–7) received on EC–5234. A communication from the Chair- Military Justice in the National Guard Not May 28, 1998; to the Committee on Environ- man of the Board of Governors of the Federal in Federal Service; to the Committee on ment and Public Works. Reserve System, transmitting, pursuant to Armed Services. EC–5222. A communication from the Direc- law, the report of the Office of Inspector EC–5210. A communication from the Under tor of the Office of Regulatory Management General for the period October 1, 1997 Secretary of Defense for Personnel and Read- and Information, Environmental Protection through March 31, 1998; to the Committee on iness, transmitting, pursuant to law, a re- Agency, transmitting, pursuant to law, the Governmental Affairs. S5634 CONGRESSIONAL RECORD — SENATE June 4, 1998 REPORTS OF COMMITTEES of 1974 with respect to Vietnam; to the Com- evident that we face what amounts to mittee on Finance. a retirement crisis. The following reports of committees By Mr. INHOFE: were submitted: The less individuals save for their re- S.J. Res. 48. A bill proposing an amend- tirement, the greater the strain on an By Mr. STEVENS, from the Committee on ment to the Constitution of the United Appropriations, without amendment: States restoring religious freedom; to the ailing Social Security system that is S. 2132. An original bill making appropria- Committee on the Judiciary. incapable of sustaining the fast-grow- tions for the Department of Defense for fis- f ing retired population. cal year ending September 30, 1999, and for Yet studies show that an increasing other purposes (Rept. No. 200). SUBMISSION OF CONCURRENT AND number of Americans are depending on By Mr. HATCH, from the Committee on SENATE RESOLUTIONS Social Security for their retirement in- the Judiciary, with an amendment in the na- The following concurrent resolutions come. According to the Employee Ben- ture of a substitute: and Senate resolutions were read, and efit Research Institute, Social Security S. 1301. A bill to amend title 11, United is the primary source of income for 80% States Code, to provide for consumer bank- referred (or acted upon), as indicated: ruptcy protection, and for other purposes. By Mr. ASHCROFT (for himself and of retired Americans, and practically f Mr. HUTCHINSON): the only source for 40% of retirees. S. Res. 242. A resolution expressing the Those who depend on Social Security EXECUTIVE REPORTS OF sense of the Senate that the President for their retirement can expect a COMMITTEE should not go to China until certain aspects standard of living far lower than the of United States policy toward China in the one they enjoyed while in the work The following executive reports of areas of national security, trade, and human committees were submitted: force. rights have been clarified and outstanding For instance, an individual who has By Mr. THURMOND, from the Committee questions surrounding the export of United on Armed Services: States satellite and missile technology have an annual income of $15,000 per year Joseph W. Westphal, of Virginia, to be an been answered; to the Committee on Foreign who retires in 1998 at age 65 can expect Assistant Secretary of the Army. Relations. Social Security to provide only one- Mahlon Apgar, IV, of Maryland, to be an By Mr. BRYAN (for himself and Mr. half their previous income, and the re- Assistant Secretary of the Army. REID): placement rate drops steadily when Hans Mark, of Texas, to be Director of De- S. Res. 243. A resolution to commend and moving up the income bracket. fense Research and Engineering. congratulate the University of Nevada Las Indeed, Social Security was never in- (The above nominations were re- Vegas men’s golf team on winning the team’s tended to be the major source of retire- ported with the recommendation that first National Collegiate Athletic Associa- ment savings that it seems to have be- tion Championship; considered and agreed they be confirmed, subject to the nomi- to. come—its purpose was to serve as a nees’ commitment to respond to re- By Mr. ABRAHAM (for himself, Mr. single leg in a three-legged stool that quests to appear and testify before any DEWINE, and Mr. ASHCROFT): would sustain Americans in their re- duly constituted committee of the Sen- S. Con. Res. 101. A concurrent resolution tirement years. ate.) expressing the sense of the Congress that the Social Security’s original purpose f President of the United States should recon- was to provide Americans with the sider his decision to be formally received in minimal level of income in retirement INTRODUCTION OF BILLS AND Tiananmen Square by the Government of the that when combined with personal sav- JOINT RESOLUTIONS People’s Republic of China; to the Commit- tee on Foreign Relations. ings and employment-based pensions The following bills and joint resolu- By Mr. ROCKEFELLER (for himself, would give retirees the living standard tions were introduced, read the first Mr. SPECTER, Mr. LOTT, and Mr. they enjoyed before retirement. and second time by unanimous con- DASCHLE): Mr. President, given these facts sent, and referred as indicated: S. Con. Res. 102. A concurrent resolution about Social Security and the decline By Mr. GRAMS: recognizing disabled American veterans; con- in savings among Americans, it is cru- S. 2130. A bill to amend the Internal Reve- sidered and agreed to. cial that steps be taken to ensure that nue Code of 1986 to provide additional retire- f the three-legged stool does not collapse ment savings opportunities for small em- under the weight of the growing retired ployers, including self-employed individuals; STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS population. to the Committee on Finance. It is true that recent steps taken by By Mr. CHAFEE (for himself, Mr. WAR- By Mr. GRAMS: NER, and Mr. BAUCUS) (by request): Congress, particularly the 1996 enact- S. 2130. A bill to amend the Internal ment of the SIMPLE retirement plan, S. 2131. A bill to provide for the conserva- Revenue Code of 1986 to provide addi- tion and development of water and related have succeed in increasing employee resources, to authorize the Secretary of the tional retirement savings opportunities participation in employer-sponsored Army to construct various projects for im- for small employers, including self-em- retirement plans. provements to rivers and harbors of the ployed individuals; to the Committee However, the complexity of qualifica- United States, and for other purposes; to the on Finance. tion requirements under current law Committee on Environment and Public SMALL EMPLOYER NEST EGG ACT OF 1998 and the administrative expenses associ- Works. Mr. GRAMS. Mr. President, I rise By Mr. STEVENS: ated with setting up retirement plans, S. 2132. An original bill making appropria- today to acknowledge the National including the SIMPLE plan, remain tions for the Department of Defense for fis- Summit on Retirement Savings which significant impediments to widespread cal year ending September 30, 1999, and for is taking place here in Washington implementation of these types of em- other purposes; from the Committee on Ap- today and tomorrow. I also want to use ployer-based retirement systems. propriations; placed on the calendar. this occasion to introduce legislation This is particularly true for small By Mr. DOMENICI (for himself and Mr. that will empower a greater number of employers with less than 100 employ- BINGAMAN): working Americans to save for their re- ees, for whom the resulting benefits do S. 2133. A bill to designate former United tirement through employer-sponsored States Route 66 as ‘‘America’s Main Street’’ not outweigh the administrative costs. and authorize the Secretary of the Interior retirement plans. Consequently, only 42% of all individ- to provide assistance; to the Committee on In the course of the next 2 days, the uals employed by small businesses now Energy and Natural Resources. 239 delegates to the National Summit participate in an employer-sponsored By Mr. ALLARD: on Retirement Savings will address an plan, as opposed to 78% of those who S. 2134. A bill to provide for air transpor- issue of great importance as the baby work for larger businesses. tation between Denver, Colorado, and Lon- boom generation draws closer to retire- To address this problem, I am intro- don, England; to the Committee on Com- ment age and the future of Social Secu- ducing the Small Employer Nest Egg merce, Science, and Transportation. rity remains uncertain. Act of 1998. By Mr. SMITH of New Hampshire (for himself and Mr. HELMS): With savings rates at a 59-year low, This legislation will create a new re- S.J. Res. 47. A joint resolution disapprov- and the revelation in the 1998 Social tirement option for small business ing the extension of the waiver authority Security Trustees Report that Social owners with 100 or fewer employees and contained in section 402(c) of the Trade Act Security is actuarially bankrupt, it is it would be similar to the SIMPLE plan June 4, 1998 CONGRESSIONAL RECORD — SENATE S5635 and the SMART plan President Clinton the Reagan administration and Con- Designated in 1926, the 2,200-mile proposed in his fiscal year 1999 budget. gress were able to reach agreement on Route 66 stretched from Chicago to However, my proposal differs some- the landmark Water Resource Develop- Santa Monica, CA. The thoroughfare what from these two plans in that it ment Act (‘‘WRDA’’) of 1986. As a part became the first completely paved would allow the same level of bene- of that important compromise there highway across the United States in fits—both to employers and employ- was a general understanding that a 1938. It rolled through Illinois, Mis- ees—as larger employers who maintain two-year cycle of water project author- souri, Kansas, Oklahoma, Texas, New traditional qualified plans. ization bills would be established. With Mexico, Arizona and California. In my Furthermore, upon retirement or the exception of 1994, the administra- home State of New Mexico, it went separation of service, employees would tion and Congress have successfully through the communities of receive 100% account value. worked together toward that end. Tucumcari, Santa Rosa, Albuquerque, To offset the high costs associated It is time once again to continue the Grants, and Gallup. with starting a pension plan, at the biennial water resources authorization The Legislation I am introducing centerpiece of this proposal is a tax cut cycle with a 1998 WRDA. The bill we in- today would have the National Park equal to 50% of the administrative and troduce today on behalf of the adminis- Service designate an ‘‘Office for Preser- retirement education expenses in- tration represents an effort to identify vation of America’s Main Street’’ with curred for the first five years of a worthwhile projects and policies in officials from the 8 affected States. The plan’s operation. support of the Army Corps of Engineers Preservation Office would be author- In addition, participating businesses Civil Works program. ized to: would be exempt from some of the I and other members of the Commit- Support State, local and private ef- more burdensome administrative re- tee on Environment and Public Works forts to preserve Route 66 by providing quirements associated with qualified will conduct a thorough review of the technical assistance, participating in plans. administration’s WRDA request, and cost-sharing programs, and making That exemption would be in exchange the project and policy requests of indi- grants and loans; for the employers’ agreement to pro- vidual Senators, to make sure that any Act as a clearing house for commu- vide a minimum benefit of 3% to all bill reported to the full Senate later nication among Federal, State, local employees who satisfy a minimum age this year is economically and environ- and private entities interested in the requirement of 21 years old and the mentally justified. preservation of Route 66; minimum service requirement of 1,000 Mr. President, this legislation is im- Assist States in determining the ap- hours during the preceding calendar portant to communities throughout propriation form of a non-Federal en- year. the nation. I look forward to working tity or entities to perform functions of Mr. President, small businesses are closely with colleagues in the coming the Preservation Office once it is ter- the lifeblood of our communities, pro- weeks to ensure enactment of WRDA minated 10 years after enactment of viding millions of jobs nationwide. ’98.∑ this legislation; and, This bill I am introducing has been Sponsor a road sign program on endorsed by the U.S. Chamber of Com- By Mr. DOMENICI (for himself Route 66 to be implemented on a cost- merce. It has also been endorsed by the and Mr. BINGAMAN): sharing basis with State and local or- National Association of Women Small S. 2133. A bill to designate former ganizations. Business Owners and also of 220 small United States Route 66 as ‘‘America’s Route 66 is really a modern-day businesses in Minnesota alone. So it Main Street’’ and authorize the Sec- equivalent to the Santa Fe Trail. I be- has very strong endorsement from the retary of the Interior to provide assist- lieve this bill will provide States and small business community. ance; to the Committee on energy and local communities a more tangible Small business owners want to help Natural Resources. means of gaining Federal assistance to their employees to save for their re- ROUTE 66 LEGISLATION preserve aspects of Route 66. tirement, yet many are unable to do so Mr. DOMENICI. Mr. President, on be- At one time, Route 66 was the most as a result of rigid Government policies half of myself and Senator BINGAMAN famous highway in the United States. that seemingly have little regard for from New Mexico, I am pleased to in- Now it is fading from the American the plight of the small employer. troduce today what we will call the landscape. If we want to preserve I urge my colleagues to support this Route 66 Preservation Act of 1998. Route 66, it is now time to act. legislation and to give small employers Some here in the Senate may recall Up to 500,000 Americans—one quarter the ability they have long sought to that I introduced the Route 66 Study of all entrants to California during help their employees save for their re- Act of 1990, which directed the Na- that era—migrated to California from tirement. tional Park Service to determine the the Dust Bowl on Route 66 from 1935 to best way to preserve, commemorate 1940. John Steinbeck captured this By Mr. CHAFEE (for himself, Mr. and interpret ‘‘America’s Main journey and christened Route 66 the WARNER, and Mr. BAUCUS) (by Street’’—Route 66. ‘‘Mother Road’’ in his classic novel of request): Public Law 102–400 directed the Na- the Depression: ‘‘The Grapes of S. 2131. A bill to provide for the con- tional Park Service to conduct a study Wrath.’’ servation and development of water on the impact of that route, that high- After World War II, another genera- and related resources, to authorize the way on America’s culture. The study tion of Americans trekked across Secretary of the Army to construct was completed in 1995, and addressed America on Route 66, not to escape de- various projects for improvements to the feasibility of preserving what re- spair, but to embrace economic oppor- rivers and harbors of the United mains of the highway and the facilities tunities in the West. Songwriter Bobby States, and for other purposes; to the associated with it through private and Troup expressed the enthusiasm and Committee on Environment and Public public efforts. sense of adventure of this generation in Works. Most nonprofit Route 66 organiza- his song, ‘‘Get Your Kicks on Route WATER RESOURCES DEVELOPMENT ACT OF 1998 tions and other interested parties pre- 66!’’ ∑ Mr. CHAFEE. Mr. President, in my ferred preservation Alternative 5, ask- Route 66 also allowed generations of capacity as chairman of the Committee ing for national recognition of Route 66 vacationers to travel to previously re- on Environment and Public Works, I and partnerships between private and mote areas and experience the natural join with Senators WARNER and BAUCUS public groups for preservation. This beauty and cultures of the Southwest today to introduce the Administra- bill is based on that alternative, and and Far West. tion’s 1998 Water Resources Develop- authorizes the National Park Service Route 66 began to decline with the ment Act by request. to join with Federal, State and private enactment of the Interstate Highway After 16 years of stalemate over the efforts to preserve aspects of historic Act in 1956. In 1984, the last federally appropriate cost sharing of navigation, Route 66, the Nation’s most important designated portion of Route 66 was de- flood control, environmental restora- thoroughfare for east-west migration commissioned when interstate 40 was tion, and other types of water projects, in the 20th century. completed in Arizona. S5636 CONGRESSIONAL RECORD — SENATE June 4, 1998 Hopefully, the Senate will join me in That’s why I am pleased that New Mex- proval by the United States Depart- once again allowing another generation ico is already working aggressively to ment of Transportation. The Depart- to ‘‘get its kicks’’ on Route 66. preserve and memorialize the old high- ment has chosen to deliberately delay The study has been completed, and way. The route in New Mexico is now approval of the British Airways’ agree- now it is time to give the Park Service designated a scenic byway. Our state ment in order to pressure British Air- some direction—let them set up a has worked hard to provide appropriate ways and the authorities at Gatwick small office for the preservation of signage, and the familiar brown and Airport to give US Airways the most Route 66. The bill authorizes partner- white shield signs are now prominent desirable time slots. The Department is ships between the private sector, State along the old route. A number of New simply holding the Denver-London entities and the Federal Government Mexico towns and pueblos have perma- flights hostage until the demands of through existing programs in an effort nent exhibits on the history of Route 66 US Airways are met. This is not proper to preserve various aspects of this in their areas. The city of Tucumcari use of the Department of Transpor- rather magnificent American road- has a whimsical monument to Route 66 tation’s authority; it sets a negative way—Route 66. modeled after a Cadillac tail fin. Soon precedent for airline competition and Many songs have been written about there will be a Route 66 interpretative cooperation between the United States it. Many dreams are described by peo- center at the Pueblo of A´ coma that and Europe, and it is impacting the ple who lived part of their lives there. will showcase the historic and cultural growth of Colorado’s economy. Part of the Grapes of Wrath took place attractions of the region. A similar The Secretary has been kind enough on Route 66. I think before all of what center is planned for the Indian Pueblo to meet with me personally, along with remains of America’s Main Street dis- Cultural Center in Albuquerque. my colleague from Colorado, Senator appears, it is a good time to pass this Mr. President, Route 66 received its BEN NIGHTHORSE CAMPBELL, to discuss kind of bill and see if we can’t preserve original designation in 1926 as a result this issue. In spite of our concerns parts of it. Much is made of preserving of the first national highway plan. about Colorado, the Department still historic things in the United States. It Now, over seventy years later, Con- resists any effort to progress on the ap- would be a shame, since there are so gress has just passed a new highway proval of the British Airways Denver- many people out there who care about bill that clearly recognizes through the London flights. The date for beginning this piece of American history and Enhancements and Scenic Byways Pro- service was postponed from June 1st to want to try to preserve the remnants of grams the importance of preserving August 1st, and unfortunately British Route 66, if we did not do something and protecting our national heritage. Airways will announce tomorrow that now to help them in that effort. With the automobile firmly entrenched the delay in approval will preclude ∑ Mr. BINGAMAN. Mr. President, I am in our culture today, highways such as them from starting service by August pleased to speak in support of this im- Route 66 are a genuine part of our her- 1st. The start date for Denver-London portant legislation being introduced itage. This bill will help assure that direct service has been indefinitely today by my friend Senator DOMENICI. heritage is preserved. I am pleased to postponed. This postponement denies Colorado The bill designates the old Highway 66 co-sponsor this bill with Senator its first overseas international flight at as ‘‘America’s Main Street’’ and au- DOMENICI, and I thank him for his ef- Denver International Airport. It pro- thorizes the National Park Service to forts.∑ help state, tribal and local govern- hibits our tourism industry from grow- ments in their efforts to preserve this By Mr. ALLARD: ing, especially during the upcoming ski unique piece of our national heritage. S. 2134. A bill to provide for air trans- season. It prevents increased competi- Mr. President, Route 66 is more than portation between Denver, Colorado, tion that would result from connecting a 2400-mile highway from Chicago to and London, England; to the Commit- flights at DIA. It creates a problem for Los Angeles. In many ways it rep- tee on Commerce, Science, and Trans- the employees in Denver who have al- resents the American dream, the open portation. ready been hired by British Airways, road, and our unending search for op- DENVER INTERNATIONAL AIRPORT LEGISLATION but who have no jobs. I hope that the Department of Trans- portunity and adventure. This is the ∑ Mr. ALLARD. Mr. President, I am in- portation takes immediate action on ‘‘Mother Road’’ of John Steinbeck’s troducing legislation today to encour- the pending British Airways agree- classic 1939 novel ‘‘The Grapes of age the Secretary of the Department of ment, and I encourage my colleagues Wrath.’’ This is the road immortalized Transportation to act expeditiously in to support me and my efforts to ensure by Cole Porter and Jack Kerouac. In the interest of fairness and in support that the British Airways agreement is the 1950s, this is the road that gave us of the economy of my home state of justly considered, and that Colorado is the popular television series ‘‘Route Colorado. I would like to explain the situation not harmed as the Department of 66.’’ Transportation deals with the separate In my state of New Mexico, Route 66 that causes me to make this proposal. concerns of US airways. ran nearly 400 miles from Glenrio in There exists an agreement between the ∑ Quay County on the east to Manuelito United States and the United Kingdom By Mr. SMITH of New Hampshire in McKinley County on the West. Be- to allow US Airways to operate a di- (for himself and Mr. HELMS): fore 1937, the road looped north rect flight from Charlotte, North Caro- S.J. Res. 47. A joint resolution dis- through Santa Fe and Bernalillo and lina, to Gatwick Airport in London, approving the extension of the waiver south through Isleta and Los Lunas. England. In accordance with fair and authority contained in section 402(c) of Many of us believe the state of New recognized practices, the airlines with the Trade Act of 1974 with respect to Mexico has some of the most compel- established routes and time slots that Vietnam; to the Committee of Finance. ling scenery along the highway. have served Gatwick Airport for years JOINT RESOLUTION DISAPPROVING WAIVER Mr. President, from the beginning were not disturbed, and US Airways AUTHORITY FOR VIETNAM Route 66 was intended to link Ameri- was given landing rights for a time slot ∑ Mr. SMITH of New Hampshire. Mr. ca’s rural and urban areas. Much of the that is not currently occupied. Al- President, today I am introducing leg- original roadway remains along with though it may not be US Airways’ top islation to require Vietnam to provide those old classic filling stations, cafes, choice, the time slot that has been al- freedom of emigration for the Viet- motels, and, of course, those unforget- located appears to be commercially namese people before tax dollars from table neon signs. Indeed, the old high- viable. US Airways, however, refuses to our constituents across America are way remains the ‘‘main street’’ in begin service unless they are given a used to further expand our govern- many New Mexico cities, including Al- better time slot at Gatwick. This re- ment’s trade relations with this com- buquerque, Tucumcari, Santa Rosa, quest is beyond the provisions of the munist regime. As provided for in the Bernalillo, Gallup, and Grants. approved agreement. Trade Act of 1974, my resolution pro- I think it is unfortunate that many An unrelated agreement to allow hibits implementation of the Presi- drivers on our modern Interstate 40 British Airways to provide non-stop dent’s decision yesterday to waive the cross New Mexico without pausing to service from Denver, Colorado, to Lon- freedom of emigration requirements enjoy the nostalgia of the old highway. don, England, is currently pending ap- with Vietnam. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5637

I am pleased that Senator HELMS, the nam. I do not believe we have seen ADDITIONAL COSPONSORS distinguished Chairman of the Senate ‘‘significantly more rapid progress’’ S. 230 Foreign Relations Committee, has which was the standard set by Sec- At the request of Mr. THURMOND, the joined me as a sponsor of this joint res- retary of State Albright herself last name of the Senator from Minnesota olution, and I commend my colleague, year during her visit to Vietnam. And (Mr. GRAMS) was added as a cosponsor Congressman ROHRABACHER, for intro- I fail to see how the President’s first of S. 230, a bill to amend section 1951 of ducing a companion measure in the waiver for Vietnam on March 9, 1998 title 18, United States Code (commonly House. I also note that our efforts are has substantially promoted progress known as the Hobbs Act), and for other strongly supported by the Chairman of these past three months. If more people purposes. the House International Relations had been permitted to leave Vietnam S. 831 Committee, Congressman GILMAN, the in the last three months than we had At the request of Mr. SHELBY, the Chairman of that Committee’s panel on seen over the last three years, then International Operations and Human name of the Senator from Maine (Ms. maybe the waiver would have, indeed, SNOWE) was added as a cosponsor of S. Rights, Congressman CHRISTOPHER substantially promoted progress, but 831, a bill to amend chapter 8 of title 5, SMITH, and several other Members on that has not happened, Mr. President, United States Code, to provide for con- both sides of the aisle in that chamber. from what I have been told. Frankly, Mr. President, given the sup- gressional review of any rule promul- port for this resolution by the relevant Today, as we introduce this joint res- gated by the Internal Revenue Service Committee chairmen, one has to ques- olution, there are still people in Viet- that increases Federal revenue, and for tion why the Administration moved nam who supported us and fought for other purposes. forward on this in March of this year us during the war who have not been S. 852 and again yesterday. This is particu- allowed to freely emigrate. Some of At the request of Mr. LOTT, the larly troublesome given the fact that them have not even been allowed to names of the Senator from Oklahoma the President’s own National Security meet with U.S. officials for interviews. (Mr. NICKLES) and the Senator from Advisor stated this past December that I understand that others have been Nebraska (Mr. HAGEL) were added as the President would not move forward forced to pay exorbitant bribes in order cosponsors of S. 852, a bill to establish unless consultations with Congress to be considered for exit visas. nationally uniform requirements re- garding the titling and registration of went well. Clearly, the consultations Under the Trade Act of 1974, Congress salvage, nonrepairable, and rebuilt ve- did not go well. has an opportunity to ensure that free- When Congress considered and passed hicles. dom of emigration requirements are the amendment by Senator Jackson S. 1251 met by Vietnam before further trade and Representative Vanik in the Trade At the request of Mr. D’AMATO, the benefits are extended. The joint resolu- Act of 1974, everyone at the time un- names of the Senator from Maryland tion introduced today by myself and derstood Congressional intent—free (Ms. MIKULSKI) and the Senator from Senator HELMS provides my colleagues emigration was to be a condition for Illinois (Mr. DURBIN) were added as co- the opportunity to go on record in sup- expanding U.S. trade relations with sponsors of S. 1251, a bill to amend the non-market communist nations. port of the people of Vietnam. If you Internal Revenue Code of 1986 to in- Today, nearly two and a half decades want to send a message to the Govern- crease the amount of private activity later, we do not have free emigration ment of Vietnam that they must fully bonds which may be issued in each provided to the people of Vietnam by comply with the promises and commit- State, and to index such amount for in- the communist regime that took over ments they have made in recent years, flation. this is the way to do it. that entire country by force in 1975. S. 1252 Moreover, the Administration has Additionally, for those of my col- At the request of Mr. D’AMATO, the failed to make a convincing case to the leagues who continue to be concerned, name of the Senator from Alaska (Mr. Congress to justify President Clinton’s as I am, that Hanoi has not been fully MURKOWSKI) was added as a cosponsor decision to waive freedom of emigra- forthcoming in their accounting for of S. 1252, a bill to amend the Internal tion requirements. Hanoi’s record does American POWs and MIAs, and their Revenue Code of 1986 to increase the not support this decision. Yes, Hanoi progress on human rights, then you amount of low-income housing credits has taken some steps to permit more should support this resolution. Some of which may be allocated in each State, orderly departures in recent years, but my colleagues may recall that both the and to index such amount for inflation. there are still unwarranted delays, and POW/MIA issue and human rights con- S. 1334 I am very concerned that recent prom- cerns were, indeed, central to the pro- At the request of Mr. BOND, the name ises and pledges of cooperation have visions first adopted in the Trade Act of the Senator from Ohio (Mr. DEWINE) yet to be satisfactorily fulfilled. of 1974, and so it is appropriate that was added as a cosponsor of S. 1334, a Congressional intent was clear in these concerns are made part of the bill to amend title 10, United States 1974, and it has not changed since that current debate as well. Code, to establish a demonstration time. U.S. policy is supposed to put project to evaluate the feasibility of freedom of emigration ahead of the How far must we go, Mr. President, using the Federal Employees Health trade interests some might have with to embrace this communist regime be- Benefits program to ensure the avail- this one-party communist state. We fore they fully address our long-stand- ability of adequate health care for are supposed to be putting principle ing concerns on all these important Medicare-eligible beneficiaries under over profit, not the other way around. issues? I am certain that the time has I believe America should not abandon come once again for Congress to go on the military health care system. the Vietnamese people who long for re- record in support of the objectives be- S. 1345 spect for human rights and democratic hind this resolution. At the request of Mr. ROCKEFELLER, freedoms. They were abandoned over the names of the Senator from Maine Finally, Mr. President, I would note two decades ago, and we simply cannot (Ms. SNOWE) and the Senator from Cali- that the resolution we are introducing let it happen again. Jackson-Vanik re- fornia (Mrs. FEINSTEIN) were added as today is strongly supported by numer- quirements should not be waived for cosponsors of S. 1345, a bill to amend ous organizations of Vietnamese-Amer- Vietnam if it is not absolutely clear titles XVIII and XIX of the Social Se- that such a waiver would ‘‘substan- icans, many of our national veterans curity Act to expand and clarify the re- tially promote’’ freedom of emigration and POW/MIA family organizations, quirements regarding advance direc- requirements as the law requires. This several international refugee organiza- tives in order to ensure that an individ- past March, State Department wit- tions, and a host of other concerned ual’s health care decisions are com- nesses testified there had been ‘‘meas- groups of Americans. plied with, and for other purposes. urable’’ progress. The term measurable I look forward to the forthcoming de- S. 1391 does not imply to me that we are see- bate on this timely and important At the request of Mr. DODD, the name ing dramatic positive changes by Viet- issue.∑ of the Senator from Michigan (Mr. S5638 CONGRESSIONAL RECORD — SENATE June 4, 1998

LEVIN) was added as a cosponsor of S. Island (Mr. CHAFEE) and the Senator of S. 2073, a bill to authorize appropria- 1391, a bill to authorize the President from Illinois (Ms. MOSELEY-BRAUN) tions for the National Center for Miss- to permit the sale and export of food, were added as cosponsors of S. 1897, a ing and Exploited Children. medicines, and medical equipment to bill to require accurate billing by tele- S. 2100 Cuba. communications carriers with respect At the request of Mr. SPECTER, the S. 1413 to the costs and fees resulting from the name of the Senator from New York At the request of Mr. LUGAR, the enactment of the Telecommunications (Mr. MOYNIHAN) was added as a cospon- names of the Senator from Connecticut Act of 1996, and for other purposes. sor of S. 2100, a bill to amend the High- (Mr. DODD) and the Senator from Mon- S. 1917 er Education Act of 1965 to increase tana (Mr. BAUCUS) were added as co- At the request of Mr. DURBIN, the public awareness concerning crime on sponsors of S. 1413, a bill to provide a name of the Senator from California college and university campuses. framework for consideration by the (Mrs. FEINSTEIN) was added as a co- S. 2107 legislative and executive branches of sponsor of S. 1917, a bill to prevent At the request of Mr. ABRAHAM, the unilateral economic sanctions. children from injuring themselves and names of the Senator from Mississippi S. 1423 others with firearms. (Mr. COCHRAN) and the Senator from At the request of Mr. HAGEL, the S. 1924 Mississippi (Mr. LOTT) were added as names of the Senator from Montana At the request of Mr. MACK, the cosponsors of S. 2107, a bill to enhance (Mr. BURNS) and the Senator from names of the Senator from Georgia electronic commerce by promoting the North Dakota (Mr. CONRAD) were added (Mr. CLELAND) and the Senator from reliability and integrity of commercial as cosponsors of S. 1423, a bill to mod- Utah (Mr. BENNETT) were added as co- transactions through establishing au- ernize and improve the Federal Home sponsors of S. 1924, a bill to restore the thentication standards for electronic Loan Bank System. standards used for determining wheth- communications, and for other pur- S. 1427 er technical workers are not employees poses. At the request of Mr. FORD, the name as in effect before the Tax Reform Act SENATE CONCURRENT RESOLUTION 94 of the Senator from South Dakota (Mr. of 1986. At the request of Mr. LIEBERMAN, the JOHNSON) was added as a cosponsor of S. 1959 names of the Senator from New York S. 1427, a bill to amend the Commu- At the request of Mr. COVERDELL, the (Mr. MOYNIHAN) and the Senator from nications Act of 1934 to require the name of the Senator from North Caro- Illinois (Ms. MOSELEY-BRAUN) were Federal Communications Commission lina (Mr. HELMS) was added as a co- added as cosponsors of Senate Concur- to preserve lowpower television sta- sponsor of S. 1959, a bill to prohibit the rent Resolution 94, a concurrent reso- tions that provide community broad- expenditure of Federal funds to provide lution supporting the religious toler- casting, and for other purposes. or support programs to provide individ- ance toward Muslims. S. 1464 uals with hypodermic needles or sy- SENATE CONCURRENT RESOLUTION 95 At the request of Mr. HATCH, the ringes for the use of illegal drugs. At the request of Mr. DODD, the name of the Senator from Arkansas S. 1991 names of the Senator from South Da- (Mr. BUMPERS) was added as a cospon- At the request of Mr. JOHNSON, the kota (Mr. DASCHLE) and the Senator sor of S. 1464, a bill to amend the Inter- names of the Senator from California from South Carolina (Mr. HOLLINGS) nal Revenue Code of 1986 to perma- (Mrs. BOXER) and the Senator from were added as cosponsors of Senate nently extend the research credit, and Montana (Mr. BAUCUS) were added as Concurrent Resolution 95, a concurrent for other purposes. cosponsors of S. 1991, a bill to require resolution expressing the sense of Con- S. 1529 the Secretary of Transportation to gress with respect to promoting cov- At the request of Mr. KENNEDY, the issue regulations to provide for im- erage of individuals under long-term name of the Senator from Massachu- provements in the conspicuity of rail care insurance. setts (Mr. KERRY) was added as a co- cars of rail carriers. SENATE RESOLUTION 193 sponsor of S. 1529, A bill to enhance S. 2014 At the request of Mr. REID, the Federal enforcement of hate crimes, At the request of Mr. BIDEN, the names of the Senator from North Caro- and for other purposes. name of the Senator from New York lina (Mr. FAIRCLOTH), the Senator from S. 1808 (Mr. MOYNIHAN) was added as a cospon- Virginia (Mr. ROBB), the Senator from At the request of Mr. REED, the name sor of S. 2014, a bill to authorize the Hawaii (Mr. AKAKA), and the Senator of the Senator from Illinois (Mr. DUR- Attorney General to reschedule certain from Oklahoma (Mr. INHOFE) were BIN) was added as a cosponsor of S. 1808, drugs that pose an imminent danger to added as cosponsors of Senate Resolu- a bill to amend title XXVII of the Pub- public safety, and to provide for the re- tion 193, a resolution designating De- lic Health Service Act and part 7 of scheduling of the date-rape drug and cember 13, 1998, as ‘‘National Children’s subtitle B of title I of the Employee the classification of certain ‘‘club’’ Memorial Day.’’ Retirement Income Security Act of drug. SENATE RESOLUTION 240 1974 to establish standards for the S. 2030 At the request of Mr. THOMAS, the health quality improvement of chil- At the request of Mr. BUMPERS, the name of the Senator from New Hamp- dren in managed care plans and other name of the Senator from New Mexico shire (Mr. SMITH) was added as a co- health plans. (Mr. BINGAMAN) was added as a cospon- sponsor of Senate Resolution 240, a res- S. 1879 sor of S. 2030, a bill to amend the Fed- olution expressing the sense of the Sen- At the request of Mr. BURNS, the eral Rules of Civil Procedure, relating ate with respect to democracy and names of the Senator from Mississippi to counsel for witnesses in grand jury human rights in the Lao People’s (Mr. COCHRAN), the Senator from Cali- proceedings, and for other purposes. Democratic Republic. fornia (Mrs. BOXER), the Senator from S. 2049 AMENDMENT NO. 2446 Alabama (Mr. SHELBY), the Senator At the request of Mr. KERREY, the At the request of Mr. FEINGOLD his from Alabama (Mr. SESSIONS), and the name of the Senator from Georgia (Mr. name was added as a cosponsor of Senator from Georgia (Mr. CLELAND) CLELAND) was added as a cosponsor of Amendment No. 2446 proposed to S. were added as cosponsors of S. 1879, a S. 2049, a bill to provide for payments 1415, a bill to reform and restructure bill to provide for the permanent ex- to children’s hospitals that operate the processes by which tobacco prod- tension of income averaging for farm- graduate medical education programs. ucts are manufactured, marketed, and ers. S. 2073 distributed, to prevent the use of to- S. 1897 At the request of Mr. HATCH, the bacco products by minors, to redress At the request of Mr. ROCKEFELLER, name of the Senator from Colorado the adverse health effects of tobacco the names of the Senator from Rhode (Mr. ALLARD) was added as a cosponsor use, and for other purposes. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5639 SENATE CONCURRENT RESOLU- think it is important that we consider gathered in Tiananmen Square to show their TION 101—EXPRESSING THE our own role in bringing those stu- admiration of democracy. It was with horror SENSE OF CONGRESS THAT THE dents, mothers, fathers and children that the world witnessed the response of Chi- na’s government as tanks and military units PRESIDENT OF THE UNITED into the streets to demand their free- marched into the square. Hundreds of stu- STATES SHOULD RECONSIDER dom. We must never forget, in my dents died that day. Hundreds more continue HIS DECISION TO BE FORMALLY view, that it was to the United States, to languish in prisons for their belief in de- RECEIVED IN TIANANMEN the birthplace of freedom, that these mocracy. That day remains vivid in the SQUARE BY THE PEOPLE’S RE- brave people looked in seeking a new minds of Americans across the political spec- PUBLIC OF CHINA path for China. trum. ‘‘The Goddess of Democracy’’—our Therefore, we were deeply disturbed when Mr. ABRAHAM (for himself, Mr. own Lady Liberty—and our Declara- we received the news that you will be offi- DEWINE, and Mr. ASHCROFT) submitted cially recognized in Tiananmen Square dur- tion of Independence were, despite the following concurrent resolution; ing your upcoming visit to China. Although long-standing government bans, con- which was referred to the Committee the signatories of this letter are often in dis- stantly on the minds and in the hearts on Foreign Relations: agreement over U.S. public policy, we are of those who demanded freedom and de- united in our passion for the founding words S. CON. RES. 101 mocracy. of this country: ‘‘All men are created equal Whereas nine years ago on June 4, 1989, The shot fired at Lexington and Con- [and] . . . are endowed by their Creator with thousands of Chinese students peacefully cord continues to be heard round the certain inalienable rights . . . [and] among gathered in Tiananmen Square to dem- world. The natural human desire for these are life, liberty, and the pursuit of hap- onstrate their support for freedom and de- piness. . . .’’ These words, we believe, apply mocracy; freedom, for the liberty to worship, to not just to Americans but to all men and Whereas it was with horror that the world enjoy the fruits of one’s labor, to tend women. No lasting gain can be achieved by witnessed the response of the Government of one’s family and community, will not tarnishing the very principles that we, as the People’s Republic of China as tanks and die, despite the tanks and armored per- Americans, hold dear. military units marched into Tiananmen sonnel carriers of a despotic regime. By being formally received in Tiananmen Square; We have a responsibility in my view, Square, Mr. President, you are bestowing le- Whereas Chinese soldiers of the People’s Mr. President, to stand up for the prin- gitimacy to the ground where innocent blood was needlessly shed. Nine years after the Republic of China were ordered to fire ma- ciples on which our nation was found- chine guns and tanks on young, unarmed ci- massacre on June 4, 1989, Beijing has yet to vilians; ed, the principles that brought vir- acknowledge that dreadful moment or the Whereas ‘‘children were killed holding tually all of our ancestors to these lives that were cruelly and arbitrarily taken. hands with their mothers,’’ according to a shores, the principles that won the cold We ask that you reconsider your decision to reliable eyewitness account: war and that continue to fire the go to Tiananmen Square until China’s re- Whereas according to the same eyewitness hearts of all peoples the world over. gime expresses regret and releases those still account, ‘‘students were crushed by armored Now is the time for President Clinton imprisoned for their brave stand. personnel carriers’’; to stand up for these principles. More Sincerely, Whereas more than 2,000 Chinese pro-de- Gary L. Bauer, President, Family Re- than 2,000 freedom loving people, in- search Council; Xiao Qiang, Executive mocracy demonstrators died that day, ac- cluding children holding their mother’s cording to the Chinese Red cross; Director, Human Rights in China; Whereas hundreds continue to languish in hands, were killed by the communist Kerry Kennedy Cuomo, Founder, Rob- prisons because of their belief in freedom and Chinese government in Tiananmen ert F. Kennedy Memorial Center for democracy; Square. Hundreds of innocent men and Human Rights; Dr. James Dobson, Whereas nine years after the massacre on women continue to be held under inhu- President, Focus on the Family; Harry June 4, 1989, the Government of the People’s man conditions simply for standing up Wu, Executive Director, The Laogai Republic of China has yet to acknowledge for freedom, democracy, and the truth Research Foundation; Dr. William Ben- nett, Co-Director, Empower America; the Tiananmen Square massacre; and of individual human dignity. And the Whereas, being formally received in Joseph Kung, President, Cardinal Kung Tiananmen Square, the President would be- Communist regime in Beijing contin- Foundation; Carmen Pate, President, stow legitimacy on the Chinese govern- ues to claim that it was right to act so Concerned Women for America; Deacon ment’s horrendous actions of 9 years ago: brutally in putting down what it calls Keith A. Fournier, President, Catholic Now, therefore, be it a ‘‘counter revolutionary riot.’’ Alliance; Rev. Louis P. Sheldon, Chair- Resolved by the Senate (the House of Rep- Now is not the time, Mr. President, man, Traditional Values Coalition; resentatives concurring), That it is the sense to greet Chinese officials in Tiananmen Phyllis Schlafly, President, Eagle of the Congress that the President should re- Square. Now is the time to speak out Forum; Jeff Fiedler, President, Food consider his decision to be formally received for the oppressed, those who have died and Allied Service Trade Department, AFL–CIO; Steve Snyder, President, in Tiananmen Square until the Government and those who are imprisoned for their of the People’s Republic of China acknowl- International Christian Concern; Nina edges the Tiananmen Square massacre, beliefs. Shea, President, Center for Religious pledges that such atrocities will never hap- I have submitted this resolution be- Freedom, Freedom House; Steven pen again, and releases those Chinese stu- cause I believe it would be inappropri- McFarland, Director, Center for Law dents still imprisoned for supporting free- ate, and a show of disrespect for those and Religious Freedom, Christian dom and democracy that day. who have died for freedom, for our Legal Society; Don Wildmon, Presi- Mr. ABRAHAM. Mr. President, today President to be formally received in dent, American Family Association; Robert George, Professor, Princeton I submit a resolution expressing the Tiananmen Square by the Chinese Communist Government. University; Michael Howden, Executive sense of the Congress that the Presi- Director, Oregon Center for Family dent of the United States should recon- It is my hope that the President will Policy; Michael Heath, Executive Di- sider his decision to be formally re- heed this call to stand with the people rector, Christian Civic League of ceived in Tiananmen Square by the of China, to uphold the principles of Maine; William T. Devlin, Executive Government of the People’s Republic of our nation, and to say not to tyranny. Director, Urban Family Council; Kent China. Mr. President, I ask unanimous con- Ostrander, Executive Director, The I submit this resolution, Mr. Presi- sent that a letter signed by several Family Foundation; Matt Daniels, human rights, religious, and pro-family President, Massachusetts Family Insti- dent, because I am convinced that the tute; John H. Paulton, Executive Di- President of the United States, the leaders urging the President to recon- sider his decision to go to Tiananmen rector, South Dakota Family Policy leader of the world’s first free nation Council; Gary Schmitt, Executive Di- and indeed of the free world, should not Square be printed in the RECORD. rector, Project for the New American There being no objection, the letter give the slightest reason for anyone to Century; Jeff Kemp, President, Wash- was ordered to be printed in the believe that he or the United States ington Family Council; Randy Hicks, RECORD, as follows: has forgotten the crimes against lib- Executive Director, Georgia Family erty and humanity committed by the FAMILY RESEARCH COUNCIL, Council; Gary J. Palmer, Executive Di- rector, Alabama Family Alliance; Len communist regime in Beijing. Washington, May 20, 1998. President WILLIAM J. CLINTON, Deo, President, New Jersey Family As we mark the ninth anniversary of Washington, DC. Policy Council; William A. Smith, Ex- the massacre of pro-democracy dem- DEAR MR. PRESIDENT: Nine years ago, ecutive Director, Indiana Family Insti- onstrators in Tiananmen square, I thousands of Chinese students peacefully tute; Paul Scianna, Executive Director, S5640 CONGRESSIONAL RECORD — SENATE June 4, 1998 Family Policy Center, Missouri; Thom- SENATE RESOLUTION 242—EX- which oversees China’s missile development as McMillen, President, Rocky Moun- PRESSING THE SENSE OF THE and space programs; tain Family Council; Michael Geer, Ex- SENATE OF THE PRESIDENT’S Whereas China made written commitments ecutive Director, Pennsylvania Family UPCOMIING VISIT TO AND NA- to the United States during the October 1997 Institute; Don Hodel, President, Chris- summit to terminate nuclear cooperation tian Coalition; Deal Hudson, Publisher TIONAL POLICY TOWARD CHINA with Iran and was later reported to be violat- and Editor, Crisis Magazine; Chuck Mr. ASHCROFT (for himself and Mr. ing that pledge by attempting to provide Colson, President, Prison Fellowship; HUTCHINSON) submitted the following Iran with hundreds of tons of anhydrous hy- Randy Tate, Executive Director, Chris- resolution; which was referred to the drogen fluoride, a material for use in Iran’s tian Coalition. Committee on Foreign Relations: nuclear weapons complex to enrich uranium to weapons grade; f S. RES. 242 Whereas the President, in allowing nuclear SENATE CONCURRENT RESOLU- Whereas the President has pledged that the cooperation to proceed with China, certified TION 102—REGARDING DISABLED United States ‘‘must remain a champion’’ of that ‘‘the People’s Republic of China has pro- AMERICAN VETERANS the liberties of the Chinese people; vided clear and unequivocal assurances to Whereas two of the most notable Chinese the United States that it is not assisting and Mr. ROCKEFELLER (for himself, Mr. dissidents, Wang Dan and Wei Jingsheng, ef- will not assist any nonnuclear-weapon state, SPECTER, Mr. LOTT, and Mr. DASCHEL) fectively have been exiled from their coun- either directly or indirectly, in acquiring nu- submitted the following concurrent try; clear explosive devices or the material and resolution; which was considered and Whereas thousands of other individuals re- components for such devices’’; agreed to: main imprisoned in China and Tibet for Whereas the credibility of this certifi- peacefully expressing their beliefs and exer- cation is undermined by China’s continuing S. CON. RES. 102 cising their inalienable rights, including proliferation activity, including efforts to Resolved by the Senate (the House of Rep- freedom of association, freedom of speech, assist Iran’s nuclear weapons program; resentatives concurring), and freedom of conscience; Whereas since the United States normal- SECTION 1. USE OF CAPITOL GROUNDS FOR DIS- Whereas the Government of the People’s ized trade relations with China in 1979, China ABLED AMERICAN VETERANS Republic of China routinely, systematically, has risen from the 57th to 4th largest sup- EVENT. and massively continues to commit wide- plier of United States imports; Disabled American Veterans shall be per- spread human rights abuses in Tibet, includ- Whereas China’s trade and investment mitted to sponsor a public event on the West ing instances of death in detention, torture, practices have resulted in a 1997 trade deficit Front Lawn of the Capitol on June 16 and 17, arbitrary arrest, imprisonment for the of $49,700,000,000, an imbalance more than 2.5 1998, or on such other dates as the Speaker of peaceful expression of religious and political times larger than the United States trade the House of Representatives and the Com- views, and intensified controls on the free- deficit with all European countries, and ac- mittee on Rules and Administration of the dom of speech and the press, particularly for counting for one-fourth of the United States Senate may jointly designate, in order an- ethnic Tibetans; trade deficit with the entire world; nounce the donation of 147 vans to the De- Whereas China has taken extraordinary Whereas in the Executive branch’s 1997 Na- partment of Veterans Affairs by Disabled steps to avoid the condemnation of the tional Trade Estimate on Foreign Trade Bar- American Veterans. United Nations Commission on Human riers, China’s trade regime was identified as SEC. 2. TERMS AND CONDITIONS. Rights; ‘‘political’’, ‘‘severely restricted’’, ‘‘prohibi- (a) IN GENERAL.—The event authorized by Whereas the President has failed to press tive’’, ‘‘unpredictable’’, ‘‘preferential’’, ‘‘de section 1 shall be free of admission charge to China aggressively to protect the civil lib- facto’’, ‘‘unpublished’’, ‘‘vague’’, ‘‘inacces- the public and arranged not to interfere with erties of the Chinese people and failed even sible’’, ‘‘inconsistent’’, and ‘‘noncompeti- the needs of Congress, under conditions to be to sponsor a resolution at the meeting of the tive’’; prescribed by the Architect of the Capitol United Nations Commission on Human Whereas facing Congress’s near withdrawal and the Capitol Police Board. Rights condemning China’s human rights of most-favored nation (MFN) status in 1991 (b) EXPENSES AND LIABILITIES.—Disabled violations, which include forced abortion, and President Bush’s threat of sanctions, American Veterans shall assume full respon- summary execution, arbitrary imprison- China, in order to keep MFN status and have sibility for all expenses and liabilities inci- ment, and persecution of religious minori- the United States support its accession to dent to all activities associated with the ties; the World Trade Organization (WTO), agreed event. Whereas since November 1994, the Presi- that it would allow the United States auto- SEC. 3. EVENT PREPARATIONS. dent has declared annually a national emer- mobile sector to compete freely in the Chi- (a) STRUCTURES AND EQUIPMENT.—Subject gency regarding the proliferation of weapons nese market and that, by December 31, 1997, to the approval of the Architect of the Cap- of mass destruction and stated that such pro- it would eliminate significant trade barriers itol, Disabled American Veterans may erect liferation poses ‘‘an unusual and extraor- to United States agricultural exports; upon the Capitol Grounds such stage, sound dinary threat to the national security, for- Whereas China’s trade liberalization com- amplification devices, and other related eign policy, and economy of the United mitments in 1991 have not been honored, yet structures and equipment as may be required States’’; the Executive branch is moving forward in for the event authorized by section 1. Whereas, in a June 1997 report on prolifera- negotiations for China to accede to the WTO; (b) ADDITIONAL ARRANGEMENTS.—The Ar- tion activity, the Central Intelligence Agen- Whereas concessions made by China in ne- chitect of the Capitol and the Capitol Police cy identified China as ‘‘the most significant gotiations to accede to the WTO have been Board are authorized to make any such addi- supplier of weapons of mass destruction-re- piecemeal, inconsistent, and deficient, and tional arrangements as may be required to lated goods and technology’’, including mis- thus limit the economic opportunity of carry out the event, including arrangements sile, nuclear, and chemical weapons tech- United States businesses and workers; to limit access to First Street Northwest and nology to rogue states such as Iran; Whereas Taiwan serves as an example of First Street Southwest as required for the Whereas United States satellite coopera- democratic governance to China and the au- event. tion with China has benefited China’s inter- thoritarian Chinese communist party; SEC. 4. ENFORCEMENT OF RESTRICTIONS. continental ballistic missile program—mis- Whereas the People’s Republic of China The Capitol Police Board shall provide for siles with nuclear warheads pointed at the carried out missile exercises in 1995 and 1996 enforcement of the restrictions contained in United States, and the Department of Jus- intended to intimidate the people of Taiwan, section 4 of the Act of July 31, 1946 (40 U.S.C. tice is investigating possible missile tech- continues a military buildup directed at the 193d; 60 Stat. 718), concerning sales, displays, nology transfers to China resulting from island, refuses to renounce the use of force and solicitations on the Capitol Grounds, as United States-Chinese satellite cooperation; against Taiwan, and consistently seeks to well as other restrictions applicable to the Whereas the President’s decision to waive isolate Taipei from membership in inter- Capitol Grounds, with respect to the event restrictions on the export to China of missile national organizations and general relations authorized by section 1. technology similar to that under investiga- with other countries; SEC. 5. PHOTOGRAPHS. tion by the Department of Justice, and the Whereas the Chinese communist party has The event authorized by section 1 may be President’s efforts to lift the requirements undermined the institutions of democratic conducted only after the Architect of the for launch waivers altogether, undermine the government in Hong Kong by abolishing Capitol and the Capitol Police Board enter present Justice Department investigation Hong Kong’s elected legislature, designing a into an agreement with Disabled American and threatens United States national secu- framework for legislative elections that se- Veterans and the manufacturer of the vans rity; verely limits representative democracy, and referred to in section 1 that prohibits Dis- Whereas the Department of Justice is in- passing retroactive legislation exempting abled American Veterans and such manufac- vestigating possible campaign contributions Chinese entities from a host of Hong Kong’s turer from using any photograph taken at from the People’s Liberation Army to the laws; and the event for a commercial purpose. The Democratic National Committee through Whereas the Democratic Party of Hong agreement shall provide for financial pen- contributions from an executive at China Kong won every seat elected by direct ballot alties to be imposed if any photograph is Aerospace International Holdings, an affili- in Hong Kong, garnering over 60 percent of used in violation of this section. ate of China Aerospace Corporation, the firm the popular vote, yet President Clinton has June 4, 1998 CONGRESSIONAL RECORD — SENATE S5641 declined to meet individually with the lead- sary of the Tiananmen Square mas- ton will not meet individually with ership of the Democratic Party of Hong sacre, to submit this resolution calling Martin Lee, the leader of pro-democ- Kong: Now, therefore, be it for the President to delay his trip to racy forces in the former colony whose Resolved, That, in the interest of improving United States-China relations, it is the sense China. With allegations swirling about Democratic Party won over 60% of the of the Senate that— China’s efforts to influence U.S. elec- popular vote in the May 24 elections. (1) a healthy and stable relationship with tions, and with the hard evidence we do China is identified by the CIA as the China is in the national interests of the have of China’s continuing prolifera- world’s worst proliferator of weapons United States; tion of weapons of mass destruction of mass destruction technology, pro- (2) the Chinese people should be allowed to technologies, rewarding China with a liferation activity that has contributed freely exercise their unalienable rights, in- summit visit is sending the wrong sig- directly to the spiraling arms race be- cluding the rights to freedom of speech, of nal at the wrong time. tween India and Pakistan. Yet the Ad- religion, and of association; ministration rewards China with a nu- (3) efforts by the Chinese government to There is perhaps nothing more in- restrict those liberties pose a threat to a sta- dicting than a vote in the United clear cooperation agreement that will ble China and a positive long-term relation- States Congress that the actions of a send America’s best reactor technology ship with the United States; Commander-in-Chief were not in the to China. China repeatedly breaks com- (4) the President should submit a report to national interest. And yet, that is pre- mitments to open its market to U.S. Congress as soon as possible after the pro- cisely what the House of Representa- businesses, yet the President renews posed summit in China concerning his tives did on May 20, 1998. By a vote of MFN year after year. progress in securing the release of persons This Administration apparently will remaining imprisoned in China and Tibet 417 to 4, the House voted that the President’s decision in February 1998 to overlook any offense to our nation’s and other significant steps to improve principles and security to continue the human rights; allow the export of satellite technology bankrupt policy of engaging com- (5) China’s proliferation of weapons of mass to China was ‘‘not in the national in- munist China. China points nuclear destruction technology poses an unusual terest.’’ The Justice Department re- missiles at the U.S., and PLA officers threat to the national security of the United portedly protested the waiver, express- describe the United States as China’s States; ing concern that it would undermine (6) the President has failed to confront Chi- ‘‘international archenemy.’’ Yet the an ongoing criminal investigation of a na’s proliferation of weapons of mass de- Administration allows advanced sat- struction technology, proliferation that is possible satellite technology transfer ellite and missile technology to be sent directly responsible for contributing to an that occurred in 1996. to China which a Pentagon memo says What is just as troubling is the pos- escalating nuclear arms race between India harmed U.S. national security. and Pakistan; sible link between the export of U.S. China’s actions, and this Administra- (7) the trustworthiness of the Chinese gov- satellite technology and political dona- ernment is undermined when nonprolifera- tion’s response to those actions, has tions from China’s People’s Liberation set the U.S.-China relationship on a tion and trade commitments of Chinese offi- Army (PLA). Liu Chao-ying, an officer cials are repeatedly broken; gravely dangerous course. It is time for (8) the President, in addition to applauding in the PLA, gave Johnny Chung—one a fundamental reevaluation of U.S. narrow trade concessions from China, should of the central figures in the Adminis- China policy. This resolution will pro- ensure that the highest levels of diplomacy tration’s fundraising scandal—$300,000 vide a good start. This resolution out- are used to open the entire Chinese market to funnel into democratic coffers in the lines the areas of concern in our policy to United States trade and investment; 1995–96 election cycle. Ms. Liu just hap- (9) China’s accession to the World Trade toward China, from human rights to pens to be a senior manager and vice national security to trade matters. In Organization (WTO) should be conditioned on president in the China Aerospace con- China’s compliance with past market access contrast to how U.S.-China relations commitments and further steps to open Chi- glomerate, Beijing’s state-owned com- have been administered for the last six na’s market to United States investment and pany that oversees China’s missile de- years, a sound relationship between trade in goods and services; velopment and space launch programs. our two countries must be based on in- (10) the United States should not jeopard- The White House says it did not tegrity, responsibility, and mutual re- ize cooperation with and assistance to the know the source of Mr. Chung’s fund- spect. democratic government of Taiwan to ap- ing. I question how diligently Adminis- China’s behavior across the board has pease the Chinese government but instead tration officials and democratic fund- not given any basis for this Adminis- should maintain unambiguously its legal raisers wanted to know. Warnings from commitments to help maintain Taiwan’s ca- tration to pursue a ‘‘strategic partner- pacity for self-defense while calling upon the the National Security Council as to the ship’’ with Beijing. Appeasement will Chinese government to renounce the use of intentions of Mr. Chung, described by not bring peace. This Administration force against the people of Taiwan; one official as a ‘‘hustler,’’ went obviously did not learn the lessons of (11) the preservation of democratic govern- unheeded. Senator THOMPSON’s fund- the Cold War. China is an aggressive ment and rule of law in Hong Kong is an ob- raising investigation describe in care- power that seeks regional hegemony. ligation of the Chinese government and fail- ful detail how the Democratic National Extending MFN trade status in ex- ure to honor that obligation will have a neg- Committee dismantled its vetting ative effect on United States policy toward change for a $50 billion trade deficit, China; process for contributions. Mr. Chung sending China our best nuclear reactor (12) China is resisting the spread of democ- himself visited the White House 49 technology in exchange for Chinese racy in Asia, which is occurring from South times. This was not a superficial rela- weapons proliferation, and beginning Korea to Indonesia, and the failure of Presi- tionship. This man was a regular guest the summit at Tiananmen Square when dent Clinton to meet with the leaders of the of the Administration. China continues to imprison its people Democratic Party of Hong Kong undermines The recent scandals surrounding sat- is not the kind of policy that will bring his statement to President Jiang that Chi- ellite technology transfers and Chinese mutual respect and peace in East Asia. na’s repressive government is ‘‘on the wrong efforts to influence U.S. elections are I call on the President to delay his side of history’’; and (13) the President should not go to China to only the latest, troubling signs that trip to China until questions surround- attend a summit with President Jiang this Administration’s China policy is ing satellite technology transfer have until— an abysmal failure. As Harry Wu said been answered and U.S. China policy (A) the President has provided a full disclo- at this morning’s press conference to has been formulated more effectively sure to Congress concerning the transfer of commemorate the Tiananmen Square to protect American interests. Senator United States satellite and missile tech- massacre, appeasement does not bring HUTCHINSON is joining me as a cospon- nology to China; and peace. sor of this resolution, and I appreciate (B) United States policy toward China in Appeasement is precisely what this his tremendous work in this area. This general has been formulated more effectively Administration’s China policy has be- to protect United States national security, resolution is designed to send a signal economic, and human rights interests. come. China announces it will not con- to the Chinese government and the vic- SEC. 2. The Secretary of the Senate shall duct an inquiry into the Tiananmen tims of its repression that there are transmit a copy of this resolution to the Square massacre, yet President Clinton limits to the tolerance of China’s ap- President. begins his summit at this site, where palling human rights record, continu- ∑ Mr. ASHCROFT. Mr. President, it is possibly thousands of Chinese were ing trade obstructionism, and desta- fitting on this day, the ninth anniver- killed. In Hong Kong, President Clin- bilizing proliferation.∑ S5642 CONGRESSIONAL RECORD — SENATE June 4, 1998 SENATE RESOLUTION 243—CON- par, to finish second in the individual advance billings rendered or imposed for the GRATULATING THE UNVIERSITY competition. What makes Chris’ suc- working-capital funds of the Department of OF NEVADA-LAS VEGAS MEN’S cess even all the more noteworthy is Defense and the Defense Business Operations GOLF TEAM ON WINNING THE that Chris had been involved in tour- Fund in fiscal year 1999— (A) for the Department of the Navy, may TEAM’S FIRST NATIONAL COLLE- nament play previous years where he not exceed $500,000,000; and GIATE ATHLETIC ASSOCIATION had the misfortune of finishing at the (B) for the Department of the Air Force, CHAMPIONSHIP other end and he, through determina- may not exceed $500,000,000. Mr. BRYAN (for himself and Mr. tion and hard work, achieved this re- (2) In paragraph (1), the term ‘‘advance billing’’ has the meaning given such term in REID) submitted the following resolu- markable athletic achievement. Congratulations should also go to the section 2208(l) of title 10, United States Code. tion; which was considered and agreed (e) PERMANENT LIMITATION ON ADVANCE to: rest of his teammates, Bill Lunde, BILLINGS.—(1) Section 2208(l) of title 10, S. RES. 243 Charley Hoffman, Jeremy Anderson United States Code, is amended— and Scott Lander. Bill Lunde and Jer- Whereas the University of Nevada Las (A) by redesignating paragraph (3) as para- Vegas Rebels men’s golf team shot four emy Anderson made the All American graph (4); and rounds of golf at a total of 1118 strokes for a college golf team. This golf team has (B) by inserting after paragraph (2) the fol- total of 34 under par, to beat the second had the goof fortune of being under the lowing new paragraph (3): ‘‘(3) The total amount of the advance bil- place Clemson Tigers by three strokes; direction of an extraordinarily gifted lings rendered or imposed for all working- Whereas this score of 34 under par set a coach as well. Dwaine Knight has capital funds of the Department of Defense tournament record by 11 strokes; placed the university’s golf program on in a fiscal year may not exceed Whereas Chris Berry shot a total of 272 the national map. They have, in recent $1,000,000,000.’’. strokes for 16 under par to finish second in years, been top competitors, but not (2) Section 2208(l)(3) of such title, as added individual competition, to help ensure the until this year did they achieve the ul- by paragraph (1), applies to fiscal years after championship for the Rebels; fiscal year 1999. Whereas the University of Nevada Las timate, and that is the collegiate Vegas men’s collegiate golf team has dis- championship. Coach Knight is ably as- AMENDMENT NO. 2448 played outstanding dedication, teamwork, sisted by Assistant Coach Casey Beginning on page 400, strike out line 11 and sportsmanship throughout the course of Whalen. and all that follows through page 401, line 12, the season in achieving collegiate golf’s This year, under their coaching staff, and insert in lieu thereof the following: highest honor; and the Rebels have won seven tour- year 1999, $150,000,000 by the end of fiscal Whereas the Rebels have brought pride and naments. The only other sports team year 2000, $200,000,000 by the end of fiscal honor to the State of Nevada: Now, there- year 2001, and $250,000,000 by the end of fiscal fore, be it in UNLV’s history to attain national collegiate championship was in 1990, year 2002. Resolved, That the Senate— (b) LIMITATION ON DISPOSAL QUANTITY.— (1) commends the University of Nevada Las when the men’s basketball program The total quantities of materials authorized Vegas for winning the 1998 National Colle- was so honored in the Final Four, in for disposal by the President under sub- giate Athletic Association Division I men’s Denver, CO. section (a) may not exceed the amounts set collegiate national golf championship; UNLV completed its season No. 1 in forth in the following table: (2) commends Chris Berry, for his second the polls, and I have encouraged the place individual finish at the National Colle- Authorized Stockpile Disposals giate Athletic Association golf champion- President to invite this extraordinarily ship; able student athletic team to come to (3) recognizes the achievements of all the the White House and be appropriately Material for disposal Quantity players, coaches, and staff who were instru- recognized. The President himself is a mental in helping the University of Nevada golfer of note and distinction, and I am Chromium Metal—EL ...... 8,511 short tons Columbium Carbide Powder ...... 21,372 pounds contained Las Vegas win the 1998 National Collegiate sure these fine young men are going to Columbium Ferro High Carbon ...... 249,395 pounds contained Athletic Association Division I men’s colle- be able to offer a few tips the President Columbium Concentrates ...... 1,733,454 pounds contained giate national golf championship and invites might take advantage of to improve his Chromium Ferroalloy ...... 92,000 short tons them to the Capitol to be honored in an ap- Diamond, Stones ...... 3,000,000 carats propriate manner to be determined; own golf game. Germanium Metal ...... 28,198 kilograms (4) requests that the President recognize f Indium ...... 14,248 troy ounces the accomplishments and achievements of Palladium ...... 1,227,831 troy ounces AMENDMENTS SUBMITTED Platinum ...... 439,887 troy ounces the 1998 University of Nevada Las Vegas Tantalum Carbide Powder ...... 22,681 pounds contained Rebels golf team and invite the team to Tantalum Metal Powder ...... 50,000 pounds contained Washington, D.C. for the traditional White THE NATIONAL DEFENSE AUTHOR- Tantalum Minerals ...... 1,751,364 pounds contained House ceremony held for national champion- Tantalum Oxide ...... 122,730 pounds contained ship teams; and IZATION ACT FOR FISCAL YEAR Tungsten Ferro ...... 2,024,143 pounds (5) directs the Secretary of the Senate to 1999 Tungsten Carbide Powder ...... 2,024,143 pounds make available enrolled copies of this resolu- Tungsten Metal Powder ...... 1,898,009 pounds Tungsten Ores & Concentrates ...... 76,358,230 pounds. tion to the University of Nevada Las Vegas for appropriate display and to transmit an THURMOND AMENDMENTS NOS. (c) MINIMIZATION OF DISRUPTION AND enrolled copy to each member of the 1998 2447–2449 LOSS.—The President may not dispose of ma- University of Nevada Las Vegas National (Ordered to lie on the table.) terials under subsection (a) to the extent Collegiate Athletic Association Division I that the disposal will result in— men’s collegiate national championship golf Mr. THURMOND submitted three amendments intended to be proposed (1) undue disruption of the usual markets team. of producers, processors, and consumers of Mr. BRYAN. Mr. President, I am by him to the bill (S. 2057) to authorize appropriations for the fiscal year 1999 the materials proposed for disposal; or proud to take the floor today to com- (2) avoidable loss to the United States. mend and congratulate the University for military activities of the Depart- (d) RELATIONSHIP TO OTHER DISPOSAL AU- of Nevada-Las Vegas men’s golf team ment of Defense, for military construc- THORITY.—The disposal authority provided in on winning the team’s first National tion, and for defense activities of the subsection (a) is new disposal authority and is in addition to, and shall not affect, any Collegiate Athletic Association cham- Department of Energy, to prescribe personnel strengths for such fiscal year other disposal authority provided by law re- pionship. This remarkable team of stu- garding the materials specified in such sub- dent-athletes acquitted themselves for the Armed Forces, and for other purposes; as follows: section. with great distinction this past week (e) AUTHORIZATION OF SALE.—The authority as they achieved this singular honor AMENDMENT NO. 2447 provided by this section to dispose of mate- for themselves, for the community, and On page 64, strike out lines 7 through 23, rials contained in the National Defense for the State of Nevada. and insert in lieu thereof the following: Stockpile so as to result in receipts specified This accomplishment is further em- (3) The waiver authority under paragraph in subsection (a) by the end of fiscal year (1) does not apply to the limitation in sub- 1999 shall be effective only to the extent pro- bellished by the fact the team shot 4 section (d) or the limitation in section vided in advance in appropriation Acts. rounds of golf 34 under par, which set a 2208(l)(3) of title 10, United States Code (as tournament record by 11 strokes. added by subsection (e)). AMENDMENT NO. 2449 Chris Berry, one of the team mem- (d) FISCAL YEAR 1999 LIMITATION ON AD- Strike section 1013 of the bill and insert bers, shot a total of 272 for 16 under VANCE BILLINGS.—(1) The total amount of the the following: June 4, 1998 CONGRESSIONAL RECORD — SENATE S5643 SEC. 1013. TRANSFERS OF CERTAIN NAVAL VES- McCandless (FF 1084), Donald Beary (FF Assistance Act of 1961 (22 U.S.C. 2321j) shall SELS TO CERTAIN FOREIGN COUN- 1085), Ainsworth (FF 1090), Thomas C. Hart not be counted for the purposes of that sec- TRIES. (FF 1092), and Capodanno (FF 1093). tion in the aggregate value of excess defense (a) AUTHORITY.— (B) On a grant basis, the Knox class frig- articles transferred to countries under that (1) ARGENTINA.—The Secretary of the Navy ates Paul (FF 1080), Miller (FF 1091), W.S. section in any fiscal year. is authorized to transfer to the Government Simms (FF 1059). (f) COSTS OF TRANSFERS.—Any expense of of Argentina on a grant basis the tank land- (11) VENEZUELA.—The Secretary of the the United States in connection with a ing ship Newport (LST 1179). Navy is authorized to transfer to the Govern- transfer authorized by subsection (a) shall be RAZIL.—The Secretary of the Navy is (2) B ment of Venezuela on a sale basis the charged to the recipient (notwithstanding authorized to transfer vessels to the Govern- unnamed medium auxiliary floating dry section 516(e)(1) of the Foreign Assistance ment of Brazil as follows: dock AFDM 2. Act of 1961 (22 U.S.C. 2321j(e)(1)) in the case (A) On a sale basis, the Newport class tank (b) BASES OF TRANSFER.— of a transfer authorized to be made on a landing ships Cayuga (LST 1186) and Peoria (1) GRANT.—A transfer of a naval vessel au- grant basis under subsection (a)). (LST 1183). thorized to be made on a grant basis under (g) REPAIR AND REFURBISHMENT IN UNITED (B) On a combined lease-sale basis, the subsection (a) shall be made under section STATES SHIPYARDS.—The Secretary of the Cimarron class oiler Merrimack (AO 179). 516 of the Foreign Assistance Act of 1961 (22 Navy shall require, as a condition of the HILE.—The Secretary of the Navy is (3) C U.S.C. 2321j). transfer of a vessel under this section, that authorized to transfer vessels to the Govern- (2) SALE.—A transfer of a naval vessel au- the country to which the vessel is trans- ment of Chile on a sale basis as follows: thorized to be made on a sale basis under ferred have such repair or refurbishment of (A) The Newport class tank landing ship subsection (a) shall be made under section 21 the vessel as is needed, before the vessel San Bernardino (LST 1189). of the Arms Export Control Act (22 U.S.C. joins the naval forces of that country, per- (B) The auxiliary repair dry dock Water- 2761). formed at a shipyard located in the United ford (ARD 5). (3) COMBINED LEASE-SALE.—(A) A transfer States, including a United States Navy ship- (4) GREECE.—The Secretary of the Navy is of a naval vessel authorized to be made on a yard. authorized to transfer vessels to the Govern- combined lease-sale basis under subsection (h) EXPIRATION OF AUTHORITY.—The au- ment of Greece as follows: thority to transfer a vessel under subsection (A) On a sale basis, the following vessels: (a) shall be made under sections 61 and 21 of (a) shall expire at the end of the two-year pe- (i) The Oak Ridge class medium dry dock the Arms Export Control Act (22 U.S.C. 2796 riod beginning on the date of the enactment Alamogordo (ARDM 2). and 2761, respectively) in accordance with of this Act. (ii) The Knox class frigates Vreeland (FF this paragraph. 1068) and Trippe (FF 1075). (B) For each naval vessel authorized by (B) On a combined lease-sale basis, the subsection (a) for transfer on a lease-sale HUTCHINSON AMENDMENT NO. 2450 basis, the Secretary of the Navy is author- Kidd class guided missile destroyers Kidd (Ordered to lie on the table.) (DDG 993), Callaghan (DDG 994), Scott (DDG ized to transfer the vessel under the terms of a lease, with lease payments suspended for Mr. HUTCHINSON submitted an 995) and Chandler (DDG 996). amendment intended to be proposed by (C) On a grant basis, the following vessels: the term of the lease, if the country entering (i) The Knox class frigate Hepburn (FF into the lease of the vessel simultaneously him to the bill S. 2057, supra; as fol- 1055). enters into a foreign military sales agree- lows: (ii) The Adams class guided missile de- ment for the transfer of title to the leased On page 268, between lines 8 and 9, insert stroyers Strauss (DDG 16), Semmes (DDG 18), vessel. Delivery of title to the purchasing the following: and Waddell (DDG 24). country shall not be made until the purchase SEC. 1064. CLARIFICATION OF CIRCUMSTANCES (5) MEXICO.—The Secretary of the Navy is price of the vessel has been paid in full. Upon FOR WAIVER OF SUSPENSION OF authorized to transfer to the Government of delivery of title to the purchasing country, PROGRAMS AND ACTIVITIES RE- Mexico on a sale basis the auxiliary repair the lease shall terminate. GARDING THE PEOPLE’S REPUBLIC OF CHINA. dry dock San Onofre (ARD 30) and the Knox (C) If the purchasing country fails to make Section 902 of the Foreign Relations Au- class frigate Pharris (FF 1094). full payment of the purchase price by the thorization Act, Fiscal Years 1990 and 1991 (6) PHILIPPINES.—The Secretary of the date required under the sales agreement, the (22 U.S.C. 2151 note) is amended— Navy is authorized to transfer to the Govern- sales agreement shall be immediately termi- (1) in subsection (b)(2), by striking out ‘‘in ment of the Philippines on a sale basis the nated, the suspension of lease payments the national interest’’ and inserting in lieu Stalwart class ocean surveillance ship Tri- under the lease shall be vacated, and the thereof ‘‘in the vital national security inter- umph (T-AGOS 4). United States shall retain all funds received on or before the date of the termination est’’; and (7) PORTUGAL.—The Secretary of the Navy (2) by adding at the end the following: is authorized to transfer to the Government under the sales agreement, up to the amount of the lease payments due and payable under ‘‘(d) JUSTIFICATION OF CERTAIN WAIVERS.— of Portugal on a grant basis the Stalwart The President shall submit to Congress a de- class ocean surveillance ship Assurance (T- the lease and all other costs required by the lease to be paid to that date. No interest tailed justification of each exercise of the AGOS 5). authority under subsection (b)(2). Each jus- (8) SPAIN.—The Secretary of the Navy is shall be payable to the recipient by the United States on any amounts that are paid tification shall be sumitted in unclassified authorized to transfer to the Government of form, but may include a classified annex.’’. Spain on a sale basis the Newport class tank to the United States by the recipient under f landing ships Harlan County (LST 1196) and the sales agreement and are not retained by Barnstable County (LST 1197). the United States under the lease. (c) REQUIREMENT FOR PROVISION IN AD- NATIONAL TOBACCO POLICY AND (9) TAIWAN.—The Secretary of the Navy is VANCE IN AN APPROPRIATIONS ACT.—Author- YOUTH SMOKING REDUCTION ACT authorized to transfer vessels to the Taipei ity to transfer vessels on a sale or combined Economic and Cultural Representative Office lease-sale basis under subsection (a) shall be in the United States (which is the Taiwan in- effective only to the extent that authority to LOTT (AND OTHERS) AMENDMENT strumentality designated pursuant to sec- effectuate such transfers, together with ap- NO. 2451 tion 10(a) of the Taiwan Relations Act) on a propriations to cover the associated cost (as Mr. LOTT (for himself, Mr. COVER- sale basis as follows: defined in section 502 of the Congressional (A) The Knox class frigates Peary (FF Budget and Impoundment Control Act of 1974 DELL, Mr. CRAIG, Mr. ABRAHAM, Mr. 1073), Joseph Hewes (FF 1078), Cook (FF (2 U.S.C. 661a)), are provided in advance in an FAIRCLOTH, Mr. INHOFE, Mr. SESSIONS, 1083), Brewton (FF 1086), Kirk (FF 1087) and appropriations Act. and Mr. GRASSLEY) proposed an amend- Barbey (FF 1088). (d) NOTIFICATION OF CONGRESS.—Not later ment to the bill (S. 1415) to reform and (B) The Newport class tank landing ships than 30 days after the date of the enactment Manitowoc (LST 1180) and Sumter (LST restructure the processes by which to- of this Act, the Secretary of the Navy shall bacco products are manufactured, mar- 1181). submit to Congress, for each naval vessel (C) The floating dry dock Competent that is to be transferred under this section keted, and distributed, to prevent the (AFDM 6). before January 1, 1999, the notifications re- use of tobacco products by minors, to (D) The Anchorage class dock landing ship quired under section 516 of the Foreign As- redress the adverse health effects of to- Pensacola (LSD 38). sistance Act of 1961 (22 U.S.C. 2321j) and sec- bacco use, and for other purposes; as (10) TURKEY.—The Secretary of the Navy is tion 525 of the Foreign Operations, Export follows: authorized to transfer vessels to the Govern- Financing, and Related Programs Appropria- Strike all after the word ‘‘subtitle’’ and in- ment of Turkey as follows: tions Act, 1998 (Public Law 105–118; 111 Stat. sert the following: (A) On a sale basis, the following vessels: 2413). ll (i) The Oliver Hazard Perry class guided (e) GRANTS NOT COUNTED IN ANNUAL TOTAL TITLE —DRUG-FREE missile frigates Mahlon S. Tisdale (FFG 27), OF TRANSFERRED EXCESS DEFENSE ARTI- NEIGHBORHOODS Reid (FFG 30) and Duncan (FFG 10). CLES.—The value of the naval vessels author- SEC. ll01. SHORT TITLE. (ii) The Knox class frigates Reasoner (FF ized by subsection (a) to be transferred on a This title may be cited as the ‘‘Drug-Free 1063), Fanning (FF 1076), Bowen (FF 1079), grant basis under section 516 of the Foreign Neighborhoods Act’’. S5644 CONGRESSIONAL RECORD — SENATE June 4, 1998 Subtitle A—Stopping the Flow of Drugs at ‘‘(7) section 4197 of the Revised Statutes of ministered by the Customs Service, or the Our Borders the United States (46 U.S.C. App. 91); or preexisting authority of any Federal law en- CHAPTER 1—INCREASED RESOURCES FOR ‘‘(8) section 111 of title 21, United States forcement officer under any law of the INTERDICTION Code.’’. United States to order an aircraft to land or (b) CLERICAL AMENDMENT.—The table of a vessel to heave to. SEC. ll11. INCREASED RESOURCES FOR INTER- ‘‘(c) FOREIGN NATIONS.—A foreign nation DICTION. sections at the beginning of chapter 27 of title 18, United States Code, is amended by may consent or waive objection to the en- (a) CUSTOMS.—In addition to other inserting at the end the following: forcement of United States law by the amounts appropriated for the United States United States under this section by inter- Customs Service for a fiscal year, there is ‘‘554. Violence while eluding inspection or during violation of arrival, re- national agreement or, on a case-by-case authorized to be appropriated from the Trust basis, by radio, telephone, or similar oral or porting, entry, or clearance re- Fund under section 401, $500,000,000 for each electronic means. Consent or waiver may be quirements.’’. of the fiscal years 1999 through 2003 to be proven by certification of the Secretary of ll used to monitor border ports of entry to stop SEC. 17. INCREASED PENALTY FOR FALSE State or the Secretary’s designee. STATEMENT OFFENSE. the flow of illegal drugs into the United ‘‘(d) DEFINITIONS.—In this section: States. Section 542 of title 18, United States Code, ‘‘(1) FEDERAL LAW ENFORCEMENT OFFICER.— (b) COAST GUARD.—In addition to other is amended by striking ‘‘two years’’ and in- The term ‘Federal law enforcement officer’ amounts appropriated for the United States serting ‘‘5 years’’. has the meaning set forth in section 115 of Coast Guard for a fiscal year, there is au- SEC. ll18. SANCTIONS FOR FAILURE TO LAND this title. thorized to be appropriated from the Trust OR HEAVE TO, OBSTRUCTING A LAW- ‘‘(2) HEAVE TO.—The term ‘heave to’ means Fund under section 401, $400,000,000 for each FUL BOARDING, AND PROVIDING to cause a vessel to slow or come to a stop to FALSE INFORMATION. of the fiscal years 1999 through 2003 to be facilitate a law enforcement boarding by ad- (a) IN GENERAL.—Chapter 109 of title 18, used to expand activities to stop the flow of justing the course and speed of the vessel to United States Code, is amended by adding at illegal drugs into the United States. account for the weather conditions and sea the end the following: (c) DEPARTMENT OF DEFENSE.—In addition state. to other amounts appropriated for the De- ‘‘§ 2237. Sanctions for failure to heave to; ‘‘(3) SUBJECT TO THE JURISDICTION OF THE partment of Defense for a fiscal year, there sanctions for obstruction of boarding and UNITED STATES.—An aircraft ‘subject to the is authorized to be appropriated from the providing false information jurisdiction of the United States’ includes— Trust Fund under section 401, $470,000,000 for ‘‘(a) FAILURE TO HEAVE TO.— ‘‘(A) an aircraft located over the United each of the fiscal years 1999 through 2003 to ‘‘(1) IN GENERAL.—It shall be unlawful for States or the customs waters of the United be used to expand activities to stop the flow the master, operator, or person in charge of States; of illegal drugs into the United States. a vessel of the United States or a vessel sub- ‘‘(B) an aircraft located in the airspace of CHAPTER 2—DRUG-FREE BORDERS ject to the jurisdiction of the United States, a foreign nation, where that nation consents to fail to obey an order to heave to that ves- to the enforcement of United States law by SEC. ll15. SHORT TITLE. sel on being ordered to do so by an author- the United States; and This chapter may be cited as the ‘‘Drug- ized Federal law enforcement officer. ‘‘(C) over the high seas, an aircraft without Free Borders Act of 1998’’. ‘‘(2) OBSTRUCTION.—It shall be unlawful for nationality, an aircraft of United States reg- ll SEC. 16. FELONY PUNISHMENT FOR VIO- any person on board a vessel of the United istry, or an aircraft registered in a foreign LENCE COMMITTED ALONG THE nation that has consented or waived objec- UNITED STATES BORDER. States or a vessel subject to the jurisdiction of the United States knowingly or willfully tion to the enforcement of United States law (a) IN GENERAL.—Chapter 27 of title 18, by the United States. United States Code, is amended by adding at to— ‘‘(4) VESSEL.—The terms ‘vessel of the the end the following: ‘‘(A) fail to comply with an order of an au- thorized Federal law enforcement officer in United States’ and ‘vessel subject to the ju- ‘‘§ 554. Violence while eluding inspection or connection with the boarding of the vessel; risdiction of the United States’ have the during violation of arrival, reporting, ‘‘(B) impede or obstruct a boarding or ar- meanings set forth for these terms, respec- entry, or clearance requirements rest, or other law enforcement action au- tively, in the Maritime Drug Law Enforce- ‘‘(a) IN GENERAL.—Whoever attempts to thorized by any Federal law; or ment Act (46 App. U.S.C. 1903). commit or commits a crime of violence dur- ‘‘(C) provide false information to a Federal ‘‘(5) WITHOUT NATIONALITY.—An aircraft ing and in relation to— law enforcement officer during a boarding of ‘without nationality’ includes— ‘‘(1) attempting to elude or eluding cus- a vessel regarding the vessel’s destination, ‘‘(A) an aircraft aboard which the pilot, op- toms, immigration, or agriculture inspection origin, ownership, registration, nationality, erator, or person in charge makes a claim of or failing to stop at the command of an offi- cargo, or crew. registry, which claim is denied by the nation cer of customs, immigration, or animal and ‘‘(3) AIRCRAFT.— whose registry is claimed; and plant and health inspection services; or ‘‘(A) IN GENERAL.—It shall be unlawful for ‘‘(B) an aircraft aboard which the pilot, op- ‘‘(2) an intentional violation of arrival, re- the pilot, operator, or person in charge of an erator, or person in charge fails, upon re- porting, entry, or clearance requirements, as aircraft which has crossed the border of the quest of an officer of the United States em- set forth in a provision of law listed in sub- United States, or an aircraft subject to the powered to enforce applicable provisions of section (c); jurisdiction of the United States operating United States law, to make a claim of reg- shall be fined under this title or imprisoned outside the United States, to fail to obey an istry for that aircraft. for not more than 5 years, or both, except order to land by an authorized Federal law ‘‘(e) FINES OR IMPRISONMENT.—Whoever in- that if bodily injury (as defined in section enforcement officer who is enforcing the tentionally violates this section shall be 1365(g) of this title) results, the maximum laws of the United States relating to con- fined under this title or imprisoned for not term of imprisonment is 10 years, and if trolled substances, as that term is defined in more than 5 years, or both. death results, the offender may imprisoned section 102(6) of the Controlled Substances ‘‘(f) SEIZURE AND FORFEITURE.—A aircraft for any term of years or for life, and may be Act (21 U.S.C. 802(6)), or relating to money or vessel that is used in violation of this sec- sentenced to death. laundering (sections 1956–57 of this title). tion may be seized and forfeited to the United States. The laws relating to the sei- ‘‘(b) CONSPIRACY.—If 2 or more persons con- ‘‘(B) REGULATIONS.—The Administrator of zure, summary and judicial forfeiture, and spire to commit an offense under subsection the Federal Aviation Administration, in con- condemnation of property for violation of (a), and 1 or more of such persons do any act sultation with the Commissioner of Customs the customs laws, the disposition of such to effect the object of the conspiracy, each and the Attorney General, shall prescribe property or the proceeds from the sale there- shall be punishable as a principal, except regulations governing the means by, and cir- of, the remission or mitigation of such for- that the sentence of death may not be im- cumstances under which a Federal law en- feitures, and the compromise of claims, shall posed. forcement officer may communicate an order apply to seizures and forfeitures undertaken, ‘‘(c) PROVISIONS OF LAW.—The provisions of to land to a pilot, operator, or person in or alleged to have been undertaken, under law referred to in subsection (a) are— charge of an aircraft. Such regulations shall any of the provisions of this section; except ‘‘(1) section 107 of the Federal Plant Pest ensure that any such order is clearly com- that such duties as are imposed upon the Act (7 U.S.C. 150ff)); municated in accordance with applicable customs officer or any other person with re- ‘‘(2) section 7 of the Federal Noxious Weed international standards. Further, such regu- spect to the seizure and forfeiture of prop- Act of 1974 (7 U.S.C. 2806); lations shall establish guidelines based on erty under the customs laws shall be per- ‘‘(3) section 431, 433, 434, or 459 of the Tariff observed conduct, prior information, or formed with respect to seizures and forfeit- Act of 1930 (19 U.S.C. 1431, 1433, 1434, 1459); other circumstances for determining when ures of property under this section by such ‘‘(4) section 6 of the Act of August 30, 1890 an officer may use the authority granted officers, agents, or other persons as may be (21 U.S.C. 105; Chapter 839, 26 Stat. 416); under subparagraph (A). authorized or designated for that purpose. ‘‘(5) section 2 of the Act of February 2, 1903 ‘‘(b) NO LIMITATION OF EXISTING AUTHOR- An aircraft or vessel that is used in violation (21 U.S.C. 111; Chapter 349, 32 Stat. 791) ITY.—This section does not limit in any way of this section is also liable in rem for any ‘‘(6) section 231, 232, 234, 235, 236, 237, or 238 the preexisting authority of a customs offi- fine imposed under this section.’’. of the Immigration and Nationality Act (8 cer under section 581 of the Tariff Act of 1930 (b) CLERICAL AMENDMENT.—The table of U.S.C. 1221, 1222, 1224, 1225, 1226, 1227, 1228); or any other provision of law enforced or ad- sections at the beginning of chapter 109 of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5645

title 18, United States Code, is amended by ‘‘(1) IN GENERAL.—Notwithstanding any Subtitle B—Protecting Our Neighborhoods adding at the end the following: other provision of law, bargaining agree- and Schools from Drugs ‘‘2237. Sanctions for failure to heave to; sanc- ment, or Executive order, beginning October CHAPTER 1—DRUG-FREE TEEN DRIVERS tions for obstruction of board- 1, 1998, in order to ensure the integrity of the SEC. ll25. SHORT TITLE. ing or providing false informa- United States Customs Service, the Sec- This subtitle may be cited as the ‘‘Drug tion.’’. retary of the Treasury— Free Teenage Drivers Act’’. SEC. ll19. CIVIL PENALTIES TO SUPPORT MARI- ‘‘(A) may transfer up to 5 percent of the SEC. ll26. DEMONSTRATION PROGRAM. TIME LAW ENFORCEMENT. customs officers employed as of the begin- The National Highway Traffic Safety Ad- (a) IN GENERAL.—Chapter 17 of title 14, ning of each fiscal year to new duty stations ministration shall establish a demonstration United States Code, is amended by adding at in that fiscal year on a permanent basis; and program in several States to provide vol- the end the following: ‘‘(B) may transfer customs officers to tem- untary drug testing for all teenager appli- ‘‘§ 676. Civil penalty for failure to comply porary duty assignments for not more than cants (or other first time applicants for a with vessel boarding 90 days. driver’s license regardless of age) for a driv- ‘‘(a) IN GENERAL.—Any person that engages ‘‘(2) VOLUNTARY AND OTHER TRANSFERS.—A er’s license. Information respecting an appli- in conduct that violates section 2237(a)(1) or transfer of a customs officer to a new duty cant’s choice not to take the drug test or the (2) of title 18, United States Code, shall be station or a temporary duty assignment result of the drug test on the applicant shall liable to the United States Government— under paragraph (1) is in addition to any vol- be made available to the applicant’s auto- ‘‘(1) for a civil penalty of not more than untary transfer or transfer for other reasons. mobile insurance company. If an applicant $25,000, in the case of an intentional viola- ‘‘(3) RULE OF CONSTRUCTION.—The require- tests positive in the drug test, the State in tion; or ments of this subsection, including any regu- which the program is established will not ‘‘(2) for a civil penalty of not more than lations established by the Secretary to carry issue a license to the applicant and will re- $15,000, in the case of any other violation. out this subsection, are not subject to collec- quire the applicant to complete a State drug ‘‘(b) SEIZURE OR FORFEITURE.—A vessel tive bargaining. treatment program and to not test positive used to engage in conduct for which a pen- ‘‘(4) AVAILABILITY OF AMOUNTS.—Of the in a drug test before reapplying for a license. alty is imposed under subsection (a) is liable amounts made available for fiscal years 1999 SEC. ll27. INCENTIVE GRANT PROGRAM. in rem for that penalty and may be seized, and 2000 under subparagraphs (A) and (B) of (a) IN GENERAL.—The Secretary of Trans- forfeited, and sold in accordance with cus- section 301(b)(1) of the Customs Procedural portation shall establish an incentive grant toms laws.’’. Reform and Simplification Act of 1978 (19 program for States to assist the States in (b) CLERICAL AMENDMENT.—The table of U.S.C. 2075(b)(1)(A) and (B)), $25,000,000 for improving their laws relating to controlled substances and driving. sections at the beginning of chapter 17 of each such fiscal year shall be available to (b) GRANT REQUIREMENTS.—To qualify for a title 14, United States Code, is amended by carry out this subsection.’’. adding at the end the following new item: grant under subsection (a) a State shall ‘‘676. Civil penalty for failure to comply with SEC. ll24. EFFECT OF COLLECTIVE BARGAIN- carry out the following: vessel boarding.’’. ING AGREEMENTS ON ABILITY OF (1) Enact, actively enforce, and publicize a UNITED STATES CUSTOMS SERVICE law which makes it illegal to drive in the SEC. ll20. INCREASED NUMBER OF BORDER PA- TO INTERDICT CONTRABAND. TROL AGENTS. State with any measurable amount of an il- Section 101(a) of the Illegal Immigration Section 5 of the Act of February 13, 1911 (19 legal controlled substance in the driver’s body. An illegal controlled substance is a Reform and Immigrant Responsibility Act of U.S.C. 267), as amended by this Act, is fur- controlled substance for which an individual 1996 (Public Law 104–208; 110 Stat. 3009–553) is ther amended— amended to read as follows: does not have a legal written prescription. (1) by redesignating subsection (g) as sub- An individual who is convicted of such ille- ‘‘(a) INCREASED NUMBER OF BORDER PATROL section (h); and AGENTS.—The Attorney General in each of gal driving shall be referred to appropriate (2) by inserting after subsection (f) the fol- services, including intervention, counselling, fiscal years 1999, 2000, 2001, 2002, and 2003 lowing: shall increase by not less than 1,500 the num- and treatment. ber of positions for full-time, active-duty ‘‘(g) EFFECT OF COLLECTIVE BARGAINING (2) Enact, actively enforce, and publicize a border patrol agents within the Immigration AGREEMENTS ON ABILITY OF CUSTOMS SERVICE law which makes it illegal to drive in the State when driving is impaired by the pres- and Naturalization Service above the num- TO INTERDICT CONTRABAND.— ence of any drug. The State shall provide ber of such positions for which funds were al- ‘‘(1) SENSE OF THE CONGRESS.—It is the lotted for the preceding fiscal year, to sense of the Congress that collective bar- that in the enforcement of such law, a driver shall be tested for the presence of a drug achieve a level of 15,000 positions by fiscal gaining agreements should not have any ad- when there is evidence of impaired driving year 2003.’’. verse impact on the ability of the United and a driver will have the driver’s license SEC. ll21. BORDER PATROL PURSUIT POLICY. States Customs Service to interdict contra- suspended. An individual who is convicted of A border patrol agent of the United States band, including controlled substances. such illegal driving shall be referred to ap- Border Patrol may not cease pursuit of an ‘‘(2) PROVISIONS CAUSING ADVERSE IMPACT alien who the agent suspects has unlawfully propriate services, including intervention, TO INTERDICT CONTRABAND.— counselling, and treatment. entered the United States, or an individual ‘‘(A) REQUIREMENT TO MEET.—If the Com- who the agent suspects has unlawfully im- (3) Enact, actively enforce, and publicize a missioner of the Customs Service determines law which authorizes the suspension of a ported a narcotic into the United States, that any collective bargaining agreement driver’s license if the driver is convicted of until State or local law enforcement au- with the recognized bargaining representa- any criminal offense relating to drugs. thorities are in pursuit of the alien or indi- tive of its employees has an adverse impact (4) Enact a law which provides that begin- vidual and have the alien or individual in upon the interdiction of contraband, includ- ning driver applicants and other individuals their visual range. ing controlled substances, the parties shall applying for or renewing a driver’s license ll SEC. 22. AUTHORIZATION FOR BORDER PA- meet to eliminate the provision causing the will be provided information about the laws TROL TO INTERDICT THE IMPORTA- adverse impact from the agreement. TION OF NARCOTICS. referred to in paragraphs (1), (2), and (3) and ‘‘(B) FAILURE TO REACH AGREEMENT.—If the The United States Border Patrol within will be required to answer drug-related ques- parties do not reach agreement within 90 the Department of Justice shall have as one tions on their applications. days of the date of the Customs Service de- (c) USE.—A State may only use a grant of its functions the prevention of unlawful termination of adverse impact, the negotia- under subsection (a) to implement and en- importation of narcotics into the United tions shall be considered at impasse and the force the programs described in subsection States and confiscation of such narcotics. Customs Service may immediately imple- (b). The Attorney General shall ensure that this ment its last offer. Such implementation SEC. ll28. AUTHORIZATION OF APPROPRIA- function is assigned a priority at least as TIONS. high as is assigned to the Border Patrol’s shall not result in an unfair labor practice or, except as may be provided under the fol- There are authorized to be appropriated function of preventing the unlawful entry from amounts made available from the Trust into the United States of aliens. lowing sentence, the imposition of any sta- tus quo ante remedy against the Customs Fund under section 401, $10,000,000 for each of SEC. ll23. ROTATION OF DUTY STATIONS AND Service. Either party may then pursue the the fiscal years 1999 through 2003 to carry TEMPORARY DUTY ASSIGNMENTS OF out this chapter. OFFICERS OF THE UNITED STATES impasse to the Federal Service Impasses CUSTOMS SERVICE. Panel pursuant to section 7119(c) of title 5, CHAPTER 2—DRUG-FREE SCHOOLS Section 5 of the Act of February 13, 1911 (19 United States Code, for ultimate resolution. SEC. ll31. FINDINGS. U.S.C. 267) is amended— ‘‘(C) RULE OF CONSTRUCTION.—Nothing in Congress finds that— (1) by redesignating subsection (f) as sub- this paragraph shall be construed to limit (1) the continued presence in schools of section (g); and the authority of the Customs Service to im- violent students who are a threat to both (2) by inserting after subsection (e) the fol- plement immediately any proposed changes teachers and other students is incompatible lowing: without waiting 90 days, if exigent cir- with a safe learning environment; ‘‘(f) ROTATION OF DUTY STATIONS AND TEM- cumstances warrant such immediate imple- (2) unsafe school environments place stu- PORARY DUTY ASSIGNMENTS OF CUSTOMS OFFI- mentation, or if an impasse is reached in less dents who are already at risk of school fail- CERS.— than 90 days.’’. ure for other reasons in further jeopardy; S5646 CONGRESSIONAL RECORD — SENATE June 4, 1998

(3) recently, over one-fourth of high school ‘‘(c) CONSTRUCTION.—Nothing in this Act or 14101 of the Elementary and Secondary Edu- students surveyed reported being threatened any other Federal law shall be construed to cation Act of 1965 (20 U.S.C. 8801). at school; prevent a parent assisted under this section Subchapter B—Victim and Witness Assist- (4) 2,000,000 more children are using drugs from selecting the public or private, includ- ance Programs for Teachers and Students in 1997 than were doing so a few short years ing religious, elementary school or second- prior to 1997; ary school that a child of the parent will at- SEC. ll32. AMENDMENTS TO VICTIMS OF CRIME (5) nearly 1 out of every 20 students in 6th tend within the State. ACT OF 1984. through 12th grade uses drugs on school ‘‘(d) CONSIDERATION OF ASSISTANCE.—Sub- (a) VICTIM COMPENSATION.—Section 1403 of grounds; ject to subsection (h), assistance made avail- the Victims of Crime Act of 1984 (42 U.S.C. (6) more of our children are becoming in- able under this section that is used to pay 10602) is amended by adding at the end the volved with hard drugs at earlier ages, as use the costs for a student to attend a private or following: of heroin and cocaine by 8th graders has religious school shall not be considered to be ‘‘(f) VICTIMS OF SCHOOL VIOLENCE.— more than doubled since 1991; and Federal aid to the school, and the Federal ‘‘(1) IN GENERAL.—Notwithstanding any (7) greater cooperation between schools, Government shall have no authority to influ- other provision of law, an eligible crime vic- parents, law enforcement, the courts, and ence or regulate the operations of a private tim compensation program may expend the community is essential to making our or religious school as a result of assistance funds appropriated under paragraph (2) to schools safe from drugs and violence. received under this section. offer compensation to elementary and sec- Subchapter A—Student Safety and Family ‘‘(e) CONTINUING ELIGIBILITY.—A student ondary school students or teachers who are Choice assisted under this section shall remain eli- victims of elementary and secondary school violence (as school violence is defined under ll gible to continue receiving assistance under SEC. 31A. STUDENT SAFETY AND FAMILY applicable State law). SCHOOL CHOICE. this section for at least 3 academic years ‘‘(2) FUNDING.—There is authorized to be (a) IN GENERAL.—Subpart 1 of part A of without regard to whether the student is eli- appropriated from the Trust Fund under sec- title I of the Elementary and Secondary Edu- gible for assistance under section 1114 or tion 401, such sums as may be necessary to cation Act of 1965 (20 U.S.C. 6311 et seq.) is 1115(b). carry out paragraph (1).’’. amended by inserting after section 1115A of ‘‘(f) TUITION CHARGES.—Assistance under (b) VICTIM AND WITNESS ASSISTANCE.—Sec- such Act (20 U.S.C. 6316) the following: this section may not be used to pay tuition or required fees at a private elementary tion 1404(c) of the Victims of Crime Act of ‘‘SEC. 1115B. STUDENT SAFETY AND FAMILY 1984 (42 U.S.C. 10603(c)) is amended by adding SCHOOL CHOICE. school or secondary school in an amount at the end the following: ‘‘(a) IN GENERAL.—Notwithstanding any that is greater than the tuition and required SSISTANCE FOR VICTIMS OF AND WIT- other provision of law, if a student is eligible fees paid by students not assisted under this ‘‘(5) A NESSES TO SCHOOL VIOLENCE.—Notwithstand- to be served under section 1115(b), or attends section at such school. ing any other provision of law, the Director a school eligible for a schoolwide program ‘‘(g) SPECIAL RULE.—Any school receiving may make a grant under this section for a under section 1114, and becomes a victim of assistance provided under this section shall demonstration project or for training and a violent criminal offense, including drug-re- comply with title VI of the Civil Rights Act technical assistance services to a program lated violence, while in or on the grounds of of 1964 (42 U.S.C. 2000d et seq.) and not dis- that— a public elementary school or secondary criminate on the basis of race, color, or na- ‘‘(A) assists State educational agencies and school that the student attends and that re- tional origin. local educational agencies (as the terms are ceives assistance under this part, then the ‘‘(h) ASSISTANCE; TAXES AND OTHER FED- defined in section 14101 of the Elementary local educational agency may use funds pro- ERAL PROGRAMS.— and Secondary Education Act of 1965 (20 vided under this part or under any other ‘‘(1) ASSISTANCE TO FAMILIES, NOT U.S.C. 8801)) in developing, establishing, and Federal education program to pay the sup- SCHOOLS.—Assistance provided under this operating programs that are designed to pro- plementary costs for such student to attend section shall be considered to be aid to fami- tect victims of and witnesses to incidents of another school. The agency may use the lies, not schools. Use of such assistance at a elementary and secondary school violence funds to pay for the supplementary costs of school shall not be construed to be Federal (as school violence is defined under applica- such student to attend any other public or financial aid or assistance to that school. ble State law), including programs designed private elementary school or secondary ‘‘(2) TAXES AND DETERMINATIONS OF ELIGI- to protect witnesses testifying in school dis- school, including a religious school, in the BILITY FOR OTHER FEDERAL PROGRAMS.—As- ciplinary proceedings; or same State as the school where the criminal sistance provided under this section to a stu- ‘‘(B) supports a student safety toll-free offense occurred, that is selected by the stu- dent shall not be considered to be income of hotline that provides students and teachers dent’s parent. The State educational agency the student or the parent of such student for in elementary and secondary schools with shall determine what actions constitute a Federal, State, or local tax purposes or for confidential assistance relating to the issues violent criminal offense for purposes of this determining eligibility for any other Federal of school crime, violence, drug dealing, and section. program. threats to personal safety.’’. ‘‘(b) SUPPLEMENTARY COSTS.—The supple- ‘‘(i) PART B OF THE INDIVIDUALS WITH DIS- mentary costs referred to in subsection (a) ABILITIES EDUCATION ACT.—Nothing in this Subchapter C—Innovative Programs to shall not exceed— section shall be construed to affect the re- Protect Teachers and Students ‘‘(1) in the case of a student for whom quirements of part B of the Individuals with ll Disabilities Education Act (20 U.S.C. 1411 et SEC. 35. DEFINITIONS. funds under this section are used to enable In this subchapter: the student to attend a public elementary seq.). (1) ELEMENTARY SCHOOL, LOCAL EDU- school or secondary school served by a local ‘‘(j) MAXIMUM AMOUNT.—Notwithstanding CATIONAL AGENCY, SECONDARY SCHOOL, AND educational agency that also serves the any other provision of this section, the STATE EDUCATIONAL AGENCY.—The terms ‘‘el- school where the violent criminal offense oc- amount of assistance provided under this part for a student shall not exceed the per ementary school’’, ‘‘local educational agen- curred, the costs of supplementary edu- cy’’, ‘‘secondary school’’, and ‘‘State edu- cational services and activities described in pupil expenditure for elementary or second- ary education, as appropriate, by the local cational agency’’ have the meanings given section 1114(b) or 1115(c) that are provided to the terms in section 14101 of the Elementary the student; educational agency that serves the school where the criminal offense occurred for the and Secondary Education Act of 1965 (20 ‘‘(2) in the case of a student for whom U.S.C. 8801). funds under this section are used to enable fiscal year preceding the fiscal year for which the determination is made.’’. (2) SECRETARY.—The term ‘‘Secretary’’ the student to attend a public elementary means the Secretary of Education. school or secondary school served by a local SEC. ll31B. TRANSFER OF REVENUES. ll educational agency that does not serve the (a) IN GENERAL.—Notwithstanding any SEC. 36. AUTHORIZATION OF APPROPRIA- school where the violent criminal offense oc- other provision of Federal law, a State, a TIONS. curred but is located in the same State— State educational agency, or a local edu- There is authorized to be appropriated ‘‘(A) the costs of supplementary edu- cational agency may transfer any non-Fed- from the Trust Fund under section 401 such cational services and activities described in eral public funds associated with the edu- sums as may be necessary to carry out this section 1114(b) or 1115(c) that are provided to cation of a student who is a victim of a vio- subchapter. the student; and lent criminal offense while in or on the SEC. ll37. AUTHORIZATION FOR REPORT ‘‘(B) the reasonable costs of transportation grounds of a public elementary school or sec- CARDS ON SCHOOLS. for the student to attend the school selected ondary school served by a local educational (a) IN GENERAL.—The Secretary is author- by the student’s parent; and agency to another local educational agency ized to award grants to States, State edu- ‘‘(3) in the case of a student for whom or to a private elementary school or second- cational agencies, and local educational funds under this section are used to enable ary school, including a religious school. agencies to develop, establish, or conduct in- the student to attend a private elementary (b) DEFINITIONS.—For the purpose of sub- novative programs to improve unsafe ele- school or secondary school, including a reli- section (a), the terms ‘‘elementary school’’, mentary schools or secondary schools. gious school, the costs of tuition, required ‘‘secondary school’’, ‘‘local educational agen- (b) PRIORITY.—The Secretary shall give pri- fees, and the reasonable costs of such trans- cy’’, and ‘‘State educational agency’’ have ority to awarding grants under subsection portation. the meanings given such terms in section (a) to— June 4, 1998 CONGRESSIONAL RECORD — SENATE S5647

(1) programs that provide parent and (1) Students will only be tested with their ‘‘(q) SUSPENSION OF ELIGIBILITY FOR teacher notification about incidents of phys- parent’s consent. If the program also re- DRUGRELATED OFFENSES.— ical violence, weapon possession, or drug ac- quires the consent of the student, the parent ‘‘(1) IN GENERAL.—An individual student tivity on school grounds as soon after the in- will be informed of any refusal by the stu- who has been convicted of any felony offense cident as practicable; dent to give consent. under any Federal or State law involving the (2) programs that provide to parents and (2) The program may involve random test- possession or sale of a controlled substance teachers an annual report regarding— ing or testing of all students within certain shall not be eligible to receive any grant, (A) the total number of incidents of phys- grade or age parameters at a participating loan, or work assistance under this title dur- ical violence, weapon possession, and drug school. No students under seventh grade or ing the period beginning on the date of such activity on school grounds; over 12th grade may be tested using funds conviction and ending after the interval (B) the percentage of students missing 10 from grants awarded under this section. specified in the following table: or fewer days of school; and (3) Students who test positive for illegal (C) a comparison, if available, to previous drugs or whose parents do not consent to the annual reports under this paragraph, which drug testing will not be penalized, except ‘‘If convicted of an offense involving: comparison shall not involve a comparison of that the privilege of participating in op- The possession of a controlled Ineligibility period is: more than 5 such previous annual reports; tional courses or extra-curricula activities substance: and in which drug impairment might pose a safe- First offense ...... 1 year (3) programs to enhance school security ty risk (such as athletic teams, drivers edu- Second offense ...... 2 years measures that may include— cation, or industrial arts) may be restricted. Third offense ...... indefinite (A) equipping schools with fences, closed (4) The parent of a student who tests posi- The sale of a controlled sub- circuit cameras, and other physical security tive for illegal drugs shall be notified of the stance: First offense ...... 2 years measures; results in a discrete manner by a health care Second offense ...... indefinite (B) providing increased police patrols in professional, a counselor, or other appro- and around elementary schools and second- priate person. Parents shall be advised of re- ‘‘(2) REHABILITATION.—A student whose eli- ary schools, including canine patrols; and sources that may be available in the local gibility has been suspended under paragraph (C) mailings to parents at the beginning of area to treat drug dependency. (1) may resume eligibility before the end of the school year stating that the possession (5) The procedures used in the demonstra- the period determined under such paragraph of a gun or other weapon, or the sale of drugs tion project shall be designed to ensure fair- if the student satisfactorily completes a drug in school, will not be tolerated by school au- ness and accuracy. The procedures shall also rehabilitation program that complies with thorities. require personnel administering the drug such criteria as the Secretary shall prescribe SEC. ll38. APPLICATION. testing program to treat individual test re- for purposes of this paragraph and that in- cludes two unannounced drug tests. (a) IN GENERAL.—Each State, State edu- sults confidentially, and not to provide indi- cational agency, or local educational agency vidual test results to law enforcement offi- ‘‘(3) DEFINITIONS.—As used in this sub- desiring a grant under this subchapter shall cials. Statistical information which does not section, the term ‘controlled substance’ has submit an application to the Secretary at reveal individual identifying information the meaning given in section 102(6) of the such time, in such manner, and accompanied should be provided to law enforcement offi- Controlled Substances Act (21 U.S.C. by such information as the Secretary may cials. 802(6)).’’. (b) EFFECTIVE DATE.—The amendment require. (c) SUBPOENAS AND DISCOVERY.—Test re- made by subsection (a) shall apply with re- (b) CONTENTS.—Each application submitted sults for tests conducted under a demonstra- spect to financial assistance to cover the under subsection (a) shall contain an assur- tion project receiving funds under this sec- costs of attendance for periods of enrollment ance that the State or agency has imple- tion shall not be subject to subpoena or dis- mented or will implement policies that— beginning after the date of enactment of this covery in any court or administrative forum, Act. (1) provide protections for victims and wit- without the consent of the individual’s par- nesses to school crime, including protections ent, unless the individual is no longer a CHAPTER 4—DRUG-FREE WORKPLACES for attendance at school disciplinary pro- minor, in which case the individual’s consent SEC. ll51. SHORT TITLE. ceedings; is required. This chapter may be cited as the ‘‘Drug- (2) expel students who, on school grounds, (d) MATCHING FUNDS.—The Administrator Free Workplace Act of 1998’’. sell drugs, or who commit a violent offense may give a preference in the award of grants SEC. ll52. FINDINGS; PURPOSES. that causes serious bodily injury of another under this section to applicants who provide (a) FINDINGS.—Congress finds that— student or teacher; and an assurance that such applicant will com- (1) 74 percent of adults who use illegal (3) require referral to law enforcement au- mit some level of matching funds or re- drugs are employed; thorities or juvenile authorities of any stu- sources for the program. (2) small business concerns employ over 50 dent who on school grounds— (e) CONSTRUCTION OF THIS SECTION.—Noth- percent of the Nation’s workforce; (A) commits a violent offense resulting in ing in this section shall be construed to re- (3) in over 88 percent of families with chil- serious bodily injury; or strict other permissible drug testing activi- dren under the age of 18, at least 1 parent is (B) sells drugs. ties in schools. Additional drug testing not employed; and (c) SPECIAL RULE.—For purposes of para- conducted in accordance with the guidelines (4) employees who use drugs increase costs graphs (2) and (3) of subsection (b), State law in subsection (b) may be conducted in for businesses and risk the health and safety shall determine what constitutes a violent schools which receive funding under this sec- of all employees because— offense or serious bodily injury. tion, except that grants awarded under this (A) absenteeism is 66 percent higher among SEC. ll39. INNOVATIVE VOLUNTARY RANDOM section shall not be used to fund such addi- drug users than nondrug users; DRUG TESTING PROGRAMS. tional testing. (B) health benefit utilization is 300 percent Section 4116(b) of the Safe and Drug-Free (f) DEFINITIONS.—In this section: higher among drug users than nondrug users; Schools and Communities Act of 1994 (20 (1) ADMINISTRATOR.—The term ‘‘Adminis- (C) 47 percent of workplace accidents are U.S.C. 7116(b)) is amended— trator’’ means the Administrator of the Of- drug-related; (1) in paragraph (9), by striking ‘‘and’’ fice of Juvenile Justice and Delinquency (D) disciplinary actions are 90 percent after the semicolon; Prevention of the Department of Justice. higher among drug users than nondrug users; (2) by redesignating paragraph (10) as para- (2) PARENT.—The term ‘‘parent’’ means a and graph (11); and custodial parent or legal guardian. (E) employee turnover is significantly (3) by inserting after paragraph (9) the fol- (3) STATE, STATE EDUCATIONAL AGENCY, AND higher among drug users than nondrug users. lowing: (b) PURPOSES.—The purposes of this chap- LOCAL EDUCATIONAL AGENCY.—The terms ter are to— ‘‘(10) innovative voluntary random drug ‘‘State’’, ‘‘State educational agency’’, and (1) educate small business concerns about testing programs; and’’. ‘‘local educational agency’’ have the mean- the advantages of a drug-free workplace; Subchapter D—Parental Consent Drug ings given such terms in section 14101 of the (2) provide financial incentives and tech- Testing Elementary and Secondary Education Act of nical assistance to enable small business SEC. ll40. GRANTS FOR PARENTAL CONSENT 1965 (20 U.S.C. 8801). concerns to create a drug-free workplace; DRUG TESTING DEMONSTRATION (g) AUTHORIZATION OF APPROPRIATIONS.— and PROJECTS. There is authorized to be appropriated from (3) assist working parents in keeping their (a) IN GENERAL.—The Administrator is au- the National Tobacco Settlement Trust children drug-free. thorized to award grants to States, State Fund, $10,000,000 for each of the fiscal years ll educational agencies, and local educational 1999 through 2003. Such sums shall remain SEC. 53. SENSE OF CONGRESS. It is the sense of Congress that— agencies to develop, establish, or conduct available until expended. programs for testing students for illegal drug (1) businesses should adopt drug-free work- use with prior parental consent. CHAPTER 3—DRUG-FREE STUDENT LOANS place programs; and (b) GUIDELINES.—The Administrator may SEC. ll41. DRUG-FREE STUDENT LOANS (2) States should consider financial incen- award grants under subsection (a) only to (a) IN GENERAL.—Section 484 of the Higher tives, such as reductions in workers’ com- programs that substantially comply with the Education Act of 1965 (20 U.S.C. 1091) is pensation premiums, to encourage businesses following guidelines: amended by adding at the end the following: to adopt drug-free workplace programs. S5648 CONGRESSIONAL RECORD — SENATE June 4, 1998 SEC. ll54. DRUG-FREE WORKPLACE DEM- such fiscal year shall be used for volunteer (D) obtain fingerprints and a photograph of ONSTRATION PROGRAM. grassroots drug prevention programs that the person if these have not already been ob- The Small Business Act (15 U.S.C. 636 et mobilize parent action teams nationwide to tained in connection with the offense that seq.) is amended— conduct community teen drug awareness triggers registration; and (1) by redesignating section (32) as section education and prevention activities that (E) require the person to read and sign a (33); and guarantee increased parental involvement.’’. form stating that the duty of the person to (2) by inserting after section 31 the follow- CHAPTER 6—BANNING FREE NEEDLES register under this section has been ex- ing: FOR DRUG ADDICTS plained. ‘‘SEC. 30. DRUG-FREE WORKPLACE DEMONSTRA- (2) TRANSFER OF INFORMATION TO STATE.— ll TION PROGRAM. SEC. 65. PROHIBITION ON USE OF FUNDS FOR State procedures under the State law shall HYPODERMIC NEEDLES. ‘‘(a) ESTABLISHMENT.—There is established ensure that the registration information is Notwithstanding any other provision of a drug-free workplace demonstration pro- promptly made available to a law enforce- law, no Federal funds shall be made avail- gram, under which the Administration may ment agency having jurisdiction where the able or used to carry out or support, directly make grants to eligible intermediaries de- person expects to reside and entered into the or indirectly, any program of distributing scribed in subsection (b) for the purpose of appropriate State records or data system. sterile hypodermic needles or syringes to in- providing financial and technical assistance (3) VERIFICATION.—For a person required to dividuals for the hypodermic injection of any to small business concerns seeking to start a register, State procedures under the State illegal drug. drug-free workplace program. law shall provide for verification of address ‘‘(b) ELIGIBILITY FOR PARTICIPATION.—An Subtitle C—Defeating the Drug Mafia at least annually. intermediary shall be eligible to receive a CHAPTER 1—INCREASED RESOURCES FOR (4) NOTIFICATION OF LOCAL LAW ENFORCE- grant under subsection (a) if it meets the fol- LAW ENFORCEMENT MENT AGENCIES OF CHANGES IN ADDRESS.—A lowing criteria: SEC. ll71. INCREASED RESOURCES FOR LAW change of address by a person required to ‘‘(1) It is an organization described in sec- ENFORCEMENT. register under a State law under this section tion 501(c)(3) of the Internal Revenue Code of (a) DRUG ENFORCEMENT ADMINISTRATION.— shall be reported by the person in the man- 1986 that is exempt from tax under section In addition to other amounts appropriated ner provided by State law. State procedures 5(a) of such Act, a program of such organiza- for the Drug Enforcement Administration shall ensure that the updated address infor- tion, or provides services to such organiza- for a fiscal year, there is authorized to be ap- mation is promptly made available to a law tion. propriated from the Trust Fund under sec- enforcement agency having jurisdiction ‘‘(2) Its primary purpose is to develop com- tion 401, $300,000,000 for each of the fiscal where the person will reside and entered into prehensive drug-free workplace programs or years 1999 through 2003 to be used for addi- the appropriate State records or data sys- to supply drug-free workplace services. tional activities to disrupt and dismantle tem. ‘‘(3) It has at least 2 years of experience in drug trafficking organizations. (5) REGISTRATION FOR CHANGE OF ADDRESS drug-free workplace programs. (b) FEDERAL BUREAU OF INVESTIGATION.—In TO ANOTHER STATE.—A person who has been ‘‘(4) It has a drug-free workplace policy in addition to other amounts appropriated for convicted of an offense which requires reg- effect. the Federal Bureau of Investigation for a fis- istration under a State law under this sec- ‘‘(c) REQUIREMENTS FOR PROGRAM.—Any cal year, there is authorized to be appro- tion and who moves to another State, shall drug-free workplace program established as priated from the Trust Fund under section report the change of address to the respon- a result of this section shall include— 401, $200,000,000 for each of the fiscal years sible agency in the State the person is leav- ‘‘(1) a written policy, including a clear 1999 through 2003 to be used to enhance in- ing, and shall comply with any registration statement of expectations for workplace be- vestigative and intelligence gathering capa- requirement in the new State of residence. The procedures of the State the person is havior, prohibitions against substances in bilities relating to illegal drugs. the workplace, and the consequences of vio- leaving shall ensure that notice is provided CHAPTER 2—REGISTRATION OF lating such expectations and prohibitions; promptly to an agency responsible for reg- CONVICTED DRUG DEALERS ‘‘(2) training for at least 60 minutes for em- istration in the new State, if that State re- ployees and supervisors; SEC. ll99B. REGISTRATION OF CONVICTED quires registration. ‘‘(3) additional training for supervisors and DRUG DEALERS. (6) LENGTH OF REGISTRATION.—A person re- employees who are parents; (a) IN GENERAL.—The Attorney General quired to register under a State law under ‘‘(4) employee drug testing; and shall establish an incentive grant program this section shall continue to comply with ‘‘(5) employee access to an employee as- for States to assist the States in enacting this section, except during ensuing periods of sistance program, including assessment, re- laws that establish State registration pro- incarceration, until 10 years have elapsed ferral, and short-term problem resolution. grams for individuals convicted of criminals since the person was released from prison or ‘‘(d) AUTHORIZATION.—There is authorized offenses involving drug trafficking. placed on parole, supervised release, or pro- to be appropriated from the Trust Fund (b) GRANT REQUIREMENTS.—To qualify for a bation. under section 401 of the National Tobacco grant under subsection (a) a State shall (7) REGISTRATION OF OUT-OF-STATE OFFEND- Policy and Youth Smoking Reduction Act to enact, actively enforce, and publicize a law ERS, FEDERAL OFFENDERS, PERSONS SEN- carry out this section, $10,000,000 for fiscal that requires that a person who is convicted TENCED BY COURTS MARTIAL, AND OFFENDERS year 1999. Such sums shall remain available of a criminal offense involving drug traffick- CROSSING STATE BORDERS.—A State shall in- until expended.’’. ing register a current address with a des- clude in its registration program residents ignated State law enforcement agency for up who were convicted in another State and SEC. ll55. SMALL BUSINESS DEVELOPMENT CENTERS. to 10-years following the date on which such shall ensure that procedures are in place to Section 21(c)(3) of the Small Business Act individual is convicted or released from pris- accept registration information from— (15 U.S.C. 648(c)(3)) is amended— on. (A) residents who were convicted in an- (1) in subparagraph (R), by striking ‘‘and’’ (c) REQUIREMENTS OF STATE LAW.—A State other State, convicted of a Federal offense, at the end; law enacted under subsection (b) shall con- or sentenced by a court martial; and (2) in subparagraph (S), by striking the pe- tain the following elements: (B) nonresident offenders who have crossed riod and inserting ‘‘; and’’; and (1) DUTIES OF RESPONSIBLE OFFICIALS.—If a into another State in order to work or at- (3) by inserting after subparagraph (S) the person who is required to register under a tend school. following: State law under this section is released from (8) REGISTRATION OF OFFENDER CROSSING ‘‘(T) providing information and assistance prison, or placed on parole, supervised re- STATE BORDER.—Any person who is required to small business concerns with respect to lease, or probation, a State prison officer, under a State law under this section to reg- developing drug-free workplace programs.’’. the court, or another responsible officer or ister in the State in which such person re- official, shall— sides shall also register in any State in SEC. ll56. CONTRACT AUTHORITY. (A) inform the person of the duty to reg- which the person is employed, carries on a The Administrator of the Small Business ister and obtain the information required for vocation, or is a student. Administration may contract with and com- such registration; (9) PENALTY.—A person required to register pensate government and private agencies or (B) inform the person that if the person under a State law under this section who persons for services related to carrying out changes residence address, the person shall knowingly fails to so register and keep such the provisions of this chapter. report the change of address as provided by registration current shall be subject to CHAPTER 5—DRUG-FREE COMMUNITIES State law; criminal penalties in any State in which the SEC. ll61. DRUG-FREE COMMUNITIES. (C) inform the person that if the person person has so failed. Section 1024(a) of the National Leadership changes residence to another State, the per- (10) RELEASE OF INFORMATION.— Act of 1988 (21 U.S.C. 1524(a)) is amended— son shall report the change of address as pro- (A) IN GENERAL.—The information col- (1) in paragraph (1), by adding ‘‘and’’ after vided by State law and comply with any reg- lected under a State registration program the semicolon; and istration requirement in the new State of under this section may be disclosed for any (2) by striking paragraphs (2) through (5), residence, and inform the person that the purpose permitted under the laws of the and inserting the following: person must also register in a State where State. ‘‘(2) $50,000,000 for each of the fiscal years the person is employed, carries on a voca- (B) PROTECTION OF THE PUBLIC.—The State 1999 through 2003, of which $10,000,000 in each tion, or is a student; or any agency authorized by the State shall June 4, 1998 CONGRESSIONAL RECORD — SENATE S5649 release relevant information that is nec- on the date on which the strategy is submit- ‘‘(II) high-risk populations, including essary to protect the public concerning a ted; school dropouts, the homeless and transient, specific person required to register under ‘‘(iii) 5-year projections for program and arrestees, parolees, probationers, and juve- this section. budget priorities; and nile delinquents; and (11) IMMUNITY FOR GOOD FAITH CONDUCT.— ‘‘(iv) a review of State, local, and private ‘‘(III) drug use in the workplace and the Law enforcement agencies, employees of law sector drug control activities to ensure that productivity lost by such use; enforcement agencies and independent con- the United States pursues well-coordinated ‘‘(ii) an assessment of the reduction of drug tractors acting at the direction of such agen- and effective drug control at all levels of availability against an ascertained baseline, cies, and State officials shall be immune government. as measured by— from liability for good faith conduct under a ‘‘(B) CLASSIFIED INFORMATION.—Any con- ‘‘(I) the quantities of cocaine, heroin, mari- State law under this section. tents of the National Drug Control Strategy juana, methamphetamine, and other drugs (12) FINGERPRINTS.—Each requirement to that involves information properly classified available for consumption in the United register under a State law under this section under criteria established by an Executive States; shall be deemed to also require the submis- order shall be presented to Congress sepa- ‘‘(II) the amount of marijuana, cocaine, sion of a set of fingerprints of the person re- rately from the rest of the Strategy. and heroin entering the United States; quired to register, obtained in accordance ‘‘(3) PROCESS FOR DEVELOPMENT AND SUB- ‘‘(III) the number of hectares of marijuana, with regulations prescribed by the Attorney MISSION.— poppy, and coca cultivated and destroyed; General under section 170102(h). ‘‘(A) CONSULTATION.—In developing and ef- ‘‘(IV) the number of metric tons of mari- (d) USE.—A State may only use a grant fectively implementing the National Drug juana, heroin, and cocaine seized; under subsection (a) to implement and en- Control Strategy, the Director— ‘‘(V) the number of cocaine and meth- force the law described in subsection (b). ‘‘(i) shall consult with— amphetamine processing laboratories de- (e) DEFINITION.—In this section, the term ‘‘(I) the heads of the National Drug Control stroyed; ‘‘offenses involving drug trafficking’’ means Program agencies; ‘‘(VI) changes in the price and purity of a criminal offense under Federal or applica- ‘‘(II) Congress; heroin and cocaine; ble State law relating to— ‘‘(III) State and local officials; ‘‘(VII) the amount and type of controlled (1) the distribution of illegal drugs to indi- ‘‘(IV) private citizens and organizations substances diverted from legitimate retail viduals under the age of 21 years; with experience and expertise in demand re- and wholesale sources; and (2) the distribution of manufacturing of il- duction; and ‘‘(VIII) the effectiveness of Federal tech- legal drugs in or near schools, colleges, uni- ‘‘(V) private citizens and organizations nology programs at improving drug detec- versities, or youth-centered recreational fa- with experience and expertise in supply re- tion capabilities in interdiction, and at cilities; or duction; and United States ports of entry; (3) any other activity relating to illegal ‘‘(ii) may require the National Drug Intel- ‘‘(iii) an assessment of the reduction of the drugs determined appropriate by the chief ligence Center and the El Paso Intelligence consequences of drug use and availability, executive officer of the State involved. Center to undertake specific tasks or which shall include estimation of— (f) AUTHORIZATION OF APPROPRIATIONS.— projects to implement the Strategy. ‘‘(I) the burden drug users placed on hos- ‘‘(B) INCLUSION IN STRATEGY.—The National There are authorized to be appropriate form pital emergency departments in the United Drug Control Strategy under this subsection, amounts made available from the Trust States, such as the quantity of drug-related and each report submitted under subsection Fund under section 401, $5,000,000 for each of services provided; (b), shall include a list of each entity con- the fiscal years 1999 through 2003. ‘‘(II) the annual national health care costs sulted under subparagraph (A)(i). Subtitle D—National Drug Control Strategy of drug use, including costs associated with ‘‘(4) MODIFICATION AND RESUBMITTAL.—Not- SEC. ll99C. DEVELOPMENT, SUBMISSION, IM- people becoming infected with the human withstanding any other provision of law, the PLEMENTATION, AND ASSESSMENT immunodeficiency virus and other infectious Director may modify a National Drug Con- OF NATIONAL DRUG CONTROL diseases as a result of drug use; trol Strategy submitted under paragraph (1) STRATEGY. ‘‘(III) the extent of drug-related crime and Section 1005 of the National Narcotics at any time. ‘‘(b) ANNUAL STRATEGY REPORT.— criminal activity; and Leadership Act of 1988 (21 U.S.C. 1504) is ‘‘(IV) the contribution of drugs to the un- amended to read as follows: ‘‘(1) IN GENERAL.—Not later than February 1, 1999, and on February 1 of each year there- derground economy, as measured by the re- ‘‘SEC. 1005. DEVELOPMENT, SUBMISSION, IMPLE- tail value of drugs sold in the United States; MENTATION, AND ASSESSMENT OF after, the President shall submit to Congress NATIONAL DRUG CONTROL STRAT- a report on the progress in implementing the ‘‘(iv) a determination of the status of drug EGY. Strategy under subsection (a), which shall treatment in the United States, by assess- ‘‘(a) TIMING, CONTENTS, AND PROCESS FOR include— ing— DEVELOPMENT AND SUBMISSION OF NATIONAL ‘‘(A) an assessment of the Federal effec- ‘‘(I) public and private treatment capacity DRUG CONTROL STRATEGY.— tiveness in achieving the Strategy goals and within each State, including information on ‘‘(1) TIMING.— objectives using the performance measure- the treatment capacity available in relation ‘‘(A) IN GENERAL.—Not later than October ment system described in subsection (c), in- to the capacity actually used; 1, 1998, the President shall submit to Con- cluding— ‘‘(II) the extent, within each State, to gress a National Drug Control Strategy, ‘‘(i) an assessment of drug use and avail- which treatment is available; which shall set forth a comprehensive 2-year ability in the United States; and ‘‘(III) the number of drug users the Direc- plan for reducing drug abuse and the con- ‘‘(ii) an estimate of the effectiveness of tor estimates could benefit from treatment; sequences of drug abuse in the United States, interdiction, treatment, prevention, law en- and by limiting the availability of and reducing forcement, and international programs under ‘‘(IV) the specific factors that restrict the the demand for illegal drugs. the National Drug Control Strategy in effect availability of treatment services to those ‘‘(B) 4-YEAR PLAN.—Not later than October during the preceding year, or in effect as of seeking it and proposed administrative or 1, 2001, and on October 1 of every fourth year the date on which the report is submitted; legislative remedies to make treatment thereafter, the President shall submit to ‘‘(B) any modifications of the Strategy or available to those individuals; and Congress a revised National Drug Control the performance measurement system de- ‘‘(v) a review of the research agenda of the Strategy, which shall set forth a comprehen- scribed in subsection (c); Counter-Drug Technology Assessment Cen- sive 4-year plan for reducing drug abuse and ‘‘(C) an assessment of how the budget pro- ter to reduce the availability and abuse of the consequences of drug abuse in the United posal submitted under section 1003(c) is in- drugs; and States, by limiting the availability of and tended to implement the Strategy and ‘‘(F) an assessment of private sector initia- reducing the demand for illegal drugs, and whether the funding levels contained in such tives and cooperative efforts between the shall include quantifiable 4-year perform- proposal are sufficient to implement such Federal Government and State and local ance objectives, targets, and measures for Strategy; governments for drug control. each National Drug Control Strategy goal ‘‘(D) beginning on February 1, 1999, and ‘‘(2) SUBMISSION OF REVISED STRATEGY.— and objective. every 2 years thereafter, measurable data The President may submit to Congress a re- ‘‘(2) CONTENTS.— evaluating the success or failure in achiev- vised National Drug Control Strategy that ‘‘(A) IN GENERAL.—The National Drug Con- ing the short-term measurable objectives de- meets the requirements of this section— trol Strategy submitted under paragraph (1) scribed in subsection (a)(2)(A)(ii); ‘‘(A) at any time, upon a determination by shall include— ‘‘(E) an assessment of current drug use (in- the President and the Director that the Na- ‘‘(i) comprehensive, research-based, long- cluding inhalants) and availability, impact tional Drug Control Strategy in effect is not range, quantifiable, goals for reducing drug of drug use, and treatment availability, sufficiently effective; and abuse and the consequences of drug abuse in which assessment shall include— ‘‘(B) if a new President or Director takes the United States; ‘‘(i) estimates of drug prevalence and fre- office. ‘‘(ii) short-term measurable objectives to quency of use as measured by national, ‘‘(c) PERFORMANCE MEASUREMENT SYS- accomplish long-term quantifiable goals that State, and local surveys of illicit drug use TEM.— the Director determines may be realistically and by other special studies of— ‘‘(1) IN GENERAL.—Not later than October 1, achieved during the 2-year period beginning ‘‘(I) casual and chronic drug use; 1998, the Director shall submit to Congress a S5650 CONGRESSIONAL RECORD — SENATE June 4, 1998

description of the national drug control per- (B) State retail licensing activities under (1) IN GENERAL.—Not later than March 31 formance measurement system, designed in section 251; each year, the Director of Central Intel- consultation with affected National Drug (C) anti-Smuggling activities under section ligence and the Director of the Federal Bu- Control Program agencies, that— 1141; and reau of Investigation, jointly and in con- ‘‘(A) develops performance objectives, (5) carrying out education and prevention sultation with the heads of other appropriate measures, and targets for each National relating to drugs under this title. Federal agencies (including the Departments Drug Control Strategy goal and objective; f of Defense, Justice, Treasury, and State), ‘‘(B) revises performance objectives, meas- shall submit to the Members of Congress re- ures, and targets, to conform with National THE NATIONAL DEFENSE AUTHOR- ferred to in paragraph (2) a report on the in- Drug Control Program Agency budgets; IZATION ACT FOR FISCAL YEAR telligence activities of the People’s Republic ‘‘(C) identifies major programs and activi- 1999 of China directed against or affecting the in- ties of the National Drug Control Program terests of the United States. agencies that support the goals and objec- (2) SUBMITTAL.—Each report under para- tives of the National Drug Control Strategy; ABRAHAM AMENDMENTS NOS. graph (1) shall be submitted to the following: (A) The Majority leader and Minority lead- ‘‘(D) evaluates implementation of major 2452–2456 program activities supporting the National er of the Senate. (B) The chairman and ranking member of Drug Control Strategy developed under sec- (Ordered to lie on the table.) the Select Committee on Intelligence of the tion 1005; Mr. ABRAHAM submitted five Senate. ‘‘(E) monitors consistency between the amendments intended to be proposed by him to the bill, S. 2057, supra; as fol- (C) The Speaker and Minority leader of the drug-related goals and objectives of the Na- House of Representatives. tional Drug Control Program agencies and lows: (D) The chairman and ranking member of ensures that drug control agency goals and AMENDMENT NO. 2452 the Permanent Select Committee on Intel- budgets support and are fully consistent At the appropriate place, insert the follow- ligence of the House of Representatives. with the National Drug Control Strategy; ing section: (3) FORM.—Each report shall be submitted and SEC. . US FORCE LEVELS IN ASIA. in unclassified form, but may include a clas- ‘‘(F) coordinates the development and im- (a) SENSE OF CONGRESS.—It is the Sense of sified annex. plementation of national drug control data Congress that the current force levels in the (b) CONTENTS OF REPORTS.—Each report collection and reporting systems to support Pacific Command Theater of Operations are under subsection (a) shall include informa- policy formulation and performance meas- necessary to the fulfillment of that com- tion concerning the following: urement, including an assessment of— mand’s military mission, and are vital to (1) Political and military espionage. ‘‘(i) the quality of current drug use meas- continued peace and stability in the region. (2) Intelligence activities designed to gain urement instruments and techniques to Any reductions in those force levels should political influence, including activities un- measure supply reduction and demand reduc- only be done in close consultation with Con- dertaken or coordinated by the United Front tion activities; gress and with a clear understanding of their Work Department of the Chinese Communist ‘‘(ii) the adequacy of the coverage of exist- impact upon the United States’ ability to Party. ing national drug use measurement instru- fulfill its current treaty obligations with (3) Efforts to gain direct or indirect influ- ments and techniques to measure the casual other states in the region, as well as to the ence through commercial or noncommercial drug user population and groups that are at continued ability of the United States to intermediaries subject to control by the Peo- risk for drug use; and deter potential aggression in the region. ple’s Republic of China, including enterprises ‘‘(iii) the actions the Director shall take to (b) ANNUAL NATIONAL SECURITY STRATEGY controlled by the People’s Liberation Army. (4) Disinformation and press manipulation correct any deficiencies and limitations REPORT REQUIREMENT.—The Annual National by the People’s Republic of China with re- identified pursuant to subparagraphs (A) and Security Strategy Report as required by Sec- spect to the United States, including activi- (B) of subsection (b)(4). tion 603 of Public Law 99–433 should provide ties undertaken or coordinated by the United ‘‘(2) MODIFICATIONS.—A description of any specific information as to the adequacy of Front Department of the Chinese Communist modifications made during the preceding the capabilities of the United States armed Party. year to the national drug control perform- forces to support the implementation of the national security strategy as it relates to ance measurement system described in para- AMENDMENT NO. 2455 graph (1) shall be included in each report the People’s Republic of China. At the appropriate place, insert the follow- submitted under subsection (b).’’. AMENDMENT NO. 2453 ing section: SEC. ll99D. REPORT BY PRESIDENT. SEC. . SANCTIONS REGARDING CHINA NORTH Not later than October 1, 1998, and every At the appropriate place, insert the follow- ing section: INDUSTRIES GROUP, CHINA POLY April 1 and October 1 thereafter, the Presi- GROUP, AND CERTAIN OTHER ENTI- SEC. . ENFORCEMENT OF IRAN-IRAQ ARMS NON- dent shall prepare and submit to the appro- TIES AFFILIATED WITH THE PEO- PROLIFERATION ACT WITH RESPECT priate committees of Congress a report on PLE’S LIBERATION ARMY. TO THE PEOPLE’S REPUBLIC OF the prevalence of the use of any illegal drugs CHINA. (a) FINDING; PURPOSE.— (1) FUNDING.—Congress finds that, in May by youth between the ages of 12 and 17. (a) STATEMENT OF POLICY.—It shall be the Subtitle E—Miscellaneous Provisions policy of the United States that— 1996, United States authorities caught rep- resentatives of the People’s Liberation Army SEC. ll99E. LIMITATIONS ON FUNDING. (1) the delivery of 60 C–802 cruise missiles enterprise, China Poly Group, and the civil- (b) IN GENERAL.—Notwithstanding section by the China National Precision Machinery ian defense industrial company, China North 451(b), amounts in the Public Health Account Import Export Corporation to Iran poses a Industries Group, attempting to smuggle shall be available to the extent and only in new, direct threat to deployed United States 2,000 AK–47s into Oakland, California, and of- the amounts provided in advance in appro- forces in the Middle East and materially fering to sell to Federal undercover agents priations Acts, to remain available until ex- contributed to the efforts of Iran to acquire 300,000 machine guns with silencers, 66-milli- pended, only for the purposes of— destabilizing numbers and types of advanced meter mortars, hand grenades, and ‘Red Par- (1) carrying out smoking cessation activi- conventional weapons; and akeet’ surface-to-air missiles, which, as stat- ties under part D of title XIX of the Public (2) the delivery is a violation of the Iran- ed in the criminal complaint against one of Health Service Act, as added by title II of Iraq Arms Non-Proliferation Act of 1992 (50 those representatives, ‘‘* * * could take out this Act; U.S.C. 1701 note). (b) IMPLEMENTATION OF SANCTIONS.— a 747’’ aircraft. (2) carrying out activities under section (1) REQUIREMENT.—The President shall im- (2) PURPOSE.—The purpose of this section 453; pose on the People’s Republic of China the is to impose targeted sanctions against enti- (3) carrying out— mandatory sanctions set forth in paragraphs ties affiliated with the People’s Liberation (A) counter-advertising activities under (3), (4), and (5) of section 1605(b) of the Iran- Army that engage in the proliferation of section 1982 of the Public Health Service Act Iraq Arms Non-Proliferation Act of 1992. weapons of mass destruction, the importa- as amended by this Act; (2) NONAVAILABILITY OF WAIVER.—For pur- tion of illegal weapons or firearms into the (B) smoking prevention activities under poses of this section, the President shall not United States, or espionage in the United section 223; have the authority contained in section 1606 States. (C) surveys under section 1991C of the Pub- of the Iran-Iraq Arms Non-Proliferation Act (b) SANCTIONS AGAINST CERTAIN PLA AF- lic Health Service Act, as added by this Act of 1992 to waive the sanctions required under FILIATES.— (but, in no fiscal year may the amounts used paragraph (1). (1) SANCTIONS.—Except as provided in para- to carry out such surveys be less than 10 per- graph (2) and subject to paragraph (3), the cent of the amounts available under this sub- AMENDMENT NO. 2454 President shall— section); and At the appropriate place, insert the follow- (A) prohibit the importation into the (D) international activities under section ing section: United States of all products that are pro- 1132; SEC. . ANNUAL REPORTS ON INTELLIGENCE AC- duced, grown, or manufactured by a covered (4) carrying out— TIVITIES OF THE PEOPLE’S REPUB- entity, the parent company of a covered en- (A) Food and Drug Administration activi- LIC OF CHINA. tity, or any affiliate, subsidiary, or successor ties; (a) REPORTS.— entity of a covered entity; June 4, 1998 CONGRESSIONAL RECORD — SENATE S5651 (B) direct the Secretary of State and the in a report under subsection (d), on the date are listed for control by the Nuclear Suppli- Attorney General to deny or impose restric- that is one year after the date on which the ers Group. tions on the entry into the United States of entity is identified in such report. (5) FINISHED PRODUCT.—The term ‘‘finished any foreign national serving as an officer, di- (c) COVERED ENTITIES.—For purposes of product’’ means any article that is usable for rector, or employee of a covered entity or subsection (b), a covered entity is any of the its intended function without being embed- other entity described in subparagraph (A); following: ded in or integrated into any other product, (C) prohibit the issuance to a covered en- (1) China North Industries Group. but does not include an article produced by tity or other entity described in subpara- (2) China Poly Group, also known as a person or entity other than a covered en- graph (A) of licenses in connection with the Polytechnologies Incorporated or BAOLI. tity or other entity described in subsection export of any item on the United States Mu- (3) Any affiliate of the People’s Liberation (b)(1)(A) that contains parts or components nitions List; Army identified in a report of the Director of of such an entity if the parts or components (D) prohibit the export to a covered entity Central Intelligence under subsection (d)(1). have been substantially transformed during or other entity described in subparagraph (A) (4) Any affiliate of the People’s Liberation production of the finished product. of any goods or technology on which export Army identified in a report of the Director of (6) INVESTMENT.—The term ‘‘investment’’ controls are in effect under section 5 or 6 of the Federal Bureau of Investigation under includes any contribution or commitment of the Export Administration Act of 1979; subsection (d)(2). funds, commodities, services, patents, proc- (E) direct the Export-Import Bank of the (d) REPORTS ON ACTIVITIES OF PLA AFFILI- esses, or techniques, in the form of— United States not to give approval to the ATES.— (A) a loan or loans; issuance of any guarantee, insurance, exten- (1) TRANSFERS OF SENSITIVE ITEMS AND (B) the purchase of a share of ownership; sion of credit, or participation in the exten- TECHNOLOGIES.—Not later than 30 days after (C) participation in royalties, earnings, or sion of credit with respect to a covered en- the date of enactment of this Act and annu- profits; and tity or other entity described in subpara- ally thereafter through 2002, the Director of (D) the furnishing of commodities or serv- graph (A); Central Intelligence shall submit to the ap- ices pursuant to a lease or other contract, (F) prohibit United States nationals from propriate members of Congress a report that but does not include routine maintenance of directly or indirectly issuing any guarantee identifies each entity owned wholly or in property. for any loan or other investment to, issuing part by the People’s Liberation Army which, (7) MTCR ANNEX.—The term ‘‘MTCR any extension of credit to, or making any in- during the 2-year period ending on the date Annex’’ has the meaning given that term in vestment in a covered entity or other entity of the report, transferred to any other entity section 74(4) of the Arms Export Control Act described in subparagraph (A); and a controlled item for use in the following: (22 U.S.C. 2797c(4)). (G) prohibit the departments and agencies (A) Any item listed in category I or cat- (8) UNITED STATES NATIONAL.— of the United States and United States na- egory II of the MTCR Annex. (A) IN GENERAL.—The term ‘‘United States (B) Activities to develop, produce, stock- tionals from entering into any contract with national’’ means— pile, or deliver chemical or biological weap- a covered entity or other entity described in (i) any United States citizen; and ons. (ii) any corporation, partnership, or other subparagraph (A) for the procurement or (C) Nuclear activities in countries that do other provision of goods or services from organization created under the laws of the not maintain full-scope International Atom- United States, any State, the District of Co- such entity. ic Energy Agency safeguards or equivalent (2) EXCEPTIONS.— lumbia, or any territory or possession of the full-scope safeguards. (A) IN GENERAL.—The President shall not United States. (2) ILLEGAL ACTIVITIES IN THE UNITED impose sanctions under this subsection— (B) EXCEPTION.—The term ‘‘United States STATES.—Not later than 30 days after the (i) in the case of the procurement of de- national’’ does not include a subsidiary or af- date of enactment of this Act and annually fense articles or defense services— filiate of corporation, partnership, or organi- thereafter through 2002, the Director of the (I) under contracts or subcontracts that zation that is a United States national if the Federal Bureau of Investigation shall submit are in effect on October 1, 1998 (including the subsidiary or affiliate is located outside the to the appropriate members of Congress a re- exercise of options for production quantities United States. port that identifies each entity owned whol- to satisfy United States operational military ly or in part by the People’s Liberation requirements); AMENDMENT NO. 2456 (II) if the President determines that the Army which, during the 2-year period ending Add at the end the following new titles: on the date of the report, attempted to— person or entity to whom the sanctions ll (A) illegally import weapons or firearms TITLE —MONITORING OF HUMAN would otherwise be applied is a sole source into the United States; or RIGHTS ABUSES IN CHINA supplier of essential defense articles or serv- (B) engage in military intelligence collec- SEC. ll. SHORT TITLE. ices and no alternative supplier can be iden- tion or espionage in the United States under This title may be cited as the ‘‘Political tified; or the cover of commercial business activity. Freedom in China Act of 1998’’. (III) if the President determines that such (3) FORM.—Each report under this sub- ll articles or services are essential to the na- SEC. . FINDINGS. section shall be submitted in classified form. Congress makes the following findings: tional security; or (e) DEFINITIONS.—In this section: (ii) in the case of— (1) Congress concurs in the following con- (1) AFFILIATE.—The term ‘‘affiliate’’ does clusions of the United States State Depart- (I) products or services provided under con- not include any United States national en- tracts or binding agreements (as such terms ment on human rights in the People’s Repub- gaged in a business arrangement with a cov- lic of China in 1996: are defined by the President in regulations) ered entity or other entity described in sub- or joint ventures entered into before October (A) The People’s Republic of China is ‘‘an section (b)(1)(A). authoritarian state’’ in which ‘‘citizens lack 1, 1998; (2) APPROPRIATE MEMBERS OF CONGRESS.— the freedom to peacefully express opposition (II) spare parts; The term ‘‘appropriate members of congress’’ to the party-led political system and the (III) component parts that are not finished means the following: right to change their national leaders or products but are essential to United States (A) The Majority leader and Minority lead- form of government’’. products or production; er of the Senate. (IV) routine servicing and maintenance of (B) The chairmen and ranking members of (B) The Government of the People’s Repub- products; or the Committee on Foreign Relations and the lic of China has ‘‘continued to commit wide- (V) information and technology products Committee on Armed Services of the Senate. spread and well-documented human rights and services. (C) The Speaker and Minority leader of the abuses, in violation of internationally ac- (B) IMMIGRATION RESTRICTIONS.—The Presi- House of Representatives. cepted norms, stemming from the authori- dent shall not apply the restrictions de- (D) The chairmen and ranking members of ties’ intolerance of dissent, fear of unrest, scribed in paragraph (1)(B) to a person de- the Committee on International Relations and the absence or inadequacy of laws pro- scribed in that paragraph if the President, and the Committee on National Security of tecting basic freedoms’’. after consultation with the Attorney Gen- the House of Representatives. (C) ‘‘[a]buses include torture and mistreat- eral, determines that the presence of the per- (3) COMPONENT PART.—The term ‘‘compo- ment of prisoners, forced confessions, and ar- son in the United States is necessary for a nent part’’ means any article that is not usa- bitrary and incommunicado detention’’. Federal or State judicial proceeding against ble for its intended function without being (D) ‘‘[p]rison conditions remained harsh a covered entity or other entity described in embedded or integrated into any other prod- [and] [t]he Government continued severe re- paragraph (1)(A). uct and, if used in the production of a fin- strictions on freedom of speech, the press, (3) TERMINATION.—The sanctions under this ished product, would be substantially trans- assembly, association, religion, privacy, and subsection shall terminate as follows: formed in that process. worker rights’’. (A) In the case of an entity referred to in (4) CONTROLLED ITEM.—The team ‘‘con- (E) ‘‘[a]lthough the Government denies paragraph (1) or (2) of subsection (c), on the trolled item’’ means the following: that it holds political prisoners, the number date that is one year after the date of enact- (A) Any item listed in the MTCR Annex. of persons detained or serving sentences for ment of this Act. (B) Any item listed for control by the Aus- ‘counterrevolutionary crimes’ or ‘crimes (B) In the case of an entity that becomes a tralia Group. against the state’, or for peaceful political or covered entity under paragraph (3) or (4) of (C) Any item relevant to the nuclear fuel religious activities are believed to number in subsection (c) by reason of its identification cycle of nuclear explosive applications that the thousands’’. S5652 CONGRESSIONAL RECORD — SENATE June 4, 1998 (F) ‘‘[n]onapproved religious groups, in- SEC. ll. AUTHORIZATION OF APPROPRIATIONS (1) the Government of the People’s Repub- cluding Protestant and Catholic groups * * * FOR ADDITIONAL PERSONNEL AT lic of China should stop the practice of har- experienced intensified repression’’. DIPLOMATIC POSTS TO MONITOR vesting and transplanting organs for profit (G) ‘‘[s]erious human rights abuses persist HUMAN RIGHTS IN THE PEOPLE’S from prisoners that it executes; REPUBLIC OF CHINA. in minority areas, including Tibet, Xinjiang, (2) the Government of the People’s Repub- There are authorized to be appropriated to and Inner Mongolia[, and] [c]ontrols on reli- lic of China should be strongly condemned support personnel to monitor political re- gion and on other fundamental freedoms in for such organ harvesting and transplanting pression in the People’s Republic of China in these areas have also intensified’’. practice; the United States Embassies in Beijing and (H) ‘‘[o]verall in 1996, the authorities (3) the President should bar from entry Kathmandu, as well as the American con- stepped up efforts to cut off expressions of into the United States any and all officials sulates in Guangzhou, Shanghai, Shenyang, protest or criticism. All public dissent of the Government of the People’s Republic Chengdu, and Hong Kong, $2,200,000 for fiscal against the party and government was effec- of China known to be directly involved in year 1999 and $2,200,000 for fiscal year 2000. tively silenced by intimidation, exile, the such organ harvesting and transplanting ll imposition of prison terms, administrative SEC. . DEMOCRACY BUILDING IN CHINA. practice; detention, or house arrest. No dissidents (a) AUTHORIZATION OF APPROPRIATIONS FOR (4) individuals determined to be participat- were known to be active at year’s end.’’. NED.—In addition to such sums as are other- ing in or otherwise facilitating the sale of (2) In addition to the State Department, wise authorized to be appropriated for the such organs in the United States should be credible independent human rights organiza- ‘‘National Endowment for Democracy’’ for prosecuted to the fullest possible extent of tions have documented an increase in repres- fiscal years 1999 and 2000, there are author- the law; and sion in China during 1995, and effective de- ized to be appropriated for the ‘‘National En- (5) the appropriate officials in the United struction of the dissident movement through dowment for Democracy’’ $4,000,000 for fiscal States should interview individuals, includ- the arrest and sentencing of the few remain- year 1999 and $4,000,000 for fiscal year 2000, ing doctors, who may have knowledge of ing pro-democracy and human rights activ- which shall be available to promote democ- such organ harvesting and transplanting ists not already in prison or exile. racy, civil society, and the development of practice. the rule of law in China. (3) Among those were Li Hai, sentenced to f 9 years in prison on December 18, 1996, for (b) EAST ASIA-PACIFIC REGIONAL DEMOC- gathering information on the victims of the RACY FUND.—The Secretary of State shall NATIONAL TOBACCO POLICY AND 1989 crackdown, which according to the use funds available in the East Asia-Pacific YOUTH SMOKING REDUCTION ACT court’s verdict constituted ‘‘state secrets’’; Regional Democracy Fund to provide grants Liu Nianchun, an independent labor orga- to nongovernmental organizations to pro- nizer, sentenced to 3 years of ‘‘re-education mote democracy, civil society, and the devel- CHAFEE AMENDMENT NO. 2457 opment of the rule of law in China. through labor’’ on July 4, 1996, due to his ac- Mr. CHAFEE submitted an amend- tivities in connection with a petition cam- SEC. ll. HUMAN RIGHTS IN CHINA. paign calling for human rights reforms; and (a) REPORTS.—Not later than March 30, ment intended to be proposed by him Ngodrup Phuntsog, a Tibetan national, who 1999, and each subsequent year thereafter, to the bill, S. 1415, supra; as follows: was arrested in Tibet in 1987 immediately the Secretary of State shall submit to the At the appropriate place in title V, insert after he returned from a 2-year trip to India, International Relations Committee of the the following: where the Tibetan government in exile is lo- House of Representatives and the Foreign SEC. lll. EDUCATION AND OUTREACH. cated, and following a secret trial was con- Relations Committee of the Senate an an- (a) NATIONAL EDUCATION AND OUTREACH victed by the Government of the People’s Re- nual report on human rights in China, in- CAMPAIGN.—The Administrator shall use public of China of espionage on behalf of the cluding religious persecution, the develop- amounts made available under subsection ‘‘Ministry of Security of the Dalai clique’’. ment of democratic institutions, and the (c)(1) in each fiscal year to establish a na- (4) Many political prisoners are suffering rule of law. Reports shall provide informa- tional education and outreach campaign re- from poor conditions and ill-treatment lead- tion on each region of China. lating to the effect on individuals of expo- ing to serious medical and health problems, (b) PRISONER INFORMATION REGISTRY.—The sure to tobacco smoke and ways to minimize including— Secretary of State shall establish a Prisoner such exposure. In establishing such cam- (A) Gao Yu, a journalist sentenced to 6 Information Registry for China which shall paign, the Administrator shall— years in prison in November 1994 and hon- provide information on all political pris- (1) focus on children’s exposure to environ- ored by UNESCO in May 1997, has a heart oners, prisoners of conscience, and prisoners mental tobacco smoke in the home; and condition; and of faith in China. Such information shall in- (2) coordinate activities with the Secretary (B) Chen Longde, a leading human rights clude the charges, judicial processes, admin- of Health and Human Services and other advocate now serving a 3-year reeducation istrative actions, use of forced labor, Federal agencies as determined appropriate through labor sentence imposed without incidences of torture, length of imprison- by the Administrator. trial in August 1995, has reportedly been sub- ment, physical and health conditions, and (b) PEER REVIEW.—The Administrator shall ject to repeated beatings and electric shocks other matters related to the incarceration of use amounts made available under sub- at a labor camp for refusing to confess his such prisoners in China. The Secretary of section (c)(2) in each fiscal year to carry out guilt. State is authorized to make funds available research, and provide for peer review studies (5) The People’s Republic of China, as a to nongovernmental organizations presently of research, related to the exposure of indi- member of the United Nations, is expected to engaged in monitoring activities regarding viduals to environmental tobacco smoke. abide by the provisions of the Universal Dec- Chinese political prisoners to assist in the (c) FUNDING.—There shall be made avail- laration of Human Rights. creation and maintenance of the registry. able from the Public Health Allocation Ac- (6) The People’s Republic of China is a SEC. ll. SENSE OF CONGRESS CONCERNING ES- count established under section 451(b) to the party to numerous international human TABLISHMENT OF A COMMISSION Administrator— rights conventions, including the Convention ON SECURITY AND COOPERATION IN (1) $50,000,000 for each of the fiscal years Against Torture and Other Cruel, Inhuman ASIA. 1999 through 2003 to carry out subsection (a); or Degrading Treatment or Punishment. It is the sense of Congress that Congress, and the President, and the Secretary of State SEC. ll. CONDUCT OF FOREIGN RELATIONS. (2) $5,000,000 for each of the fiscal years 1999 should work with the governments of other (a) RELEASE OF PRISONERS.—The Secretary through 2003 to carry out subsection (b). countries to establish a Commission on Se- of State, in all official meetings with the f Government of the People’s Republic of curity and Cooperation in Asia which would China, should request the immediate and un- be modeled after the Commission on Secu- NOTICE OF HEARING rity and Cooperation in Europe. conditional release of Ngodrup Phuntsog and SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC ll other prisoners of conscience in Tibet, as SEC. . SENSE OF CONGRESS REGARDING DE- PRESERVATION AND RECREATION well as in the People’s Republic of China. MOCRACY IN HONG KONG. Mr. THOMAS. Mr. President, I would It is the sense of Congress that the people (b) ACCESS TO PRISONS.—The Secretary of like to announce for the information of State should seek access for international of Hong Kong should continue to have the humanitarian organizations to Drapchi pris- right and ability to freely elect their legisla- the Senate and the public that a hear- on and other prisons in Tibet, as well as in tive representatives, and that the procedure ing has been scheduled before the Sub- the People’s Republic of China, to ensure for the conduct of the elections of the legis- committee on National Parks, Historic that prisoners are not being mistreated and lature of the Hong Kong Special Administra- Preservation, and Recreation. are receiving necessary medical treatment. tive Region should be determined by the peo- The hearing will take place on June (c) DIALOGUE ON FUTURE OF TIBET.—The ple of Hong Kong through an election law 18, 1998 at 2:00 p.m. in room SD–366 of Secretary of State, in all official meetings convention, a referendum, or both. the Dirksen Senate Office Building in with the Government of the People’s Repub- SEC. ll. SENSE OF CONGRESS RELATING TO Washington, DC. lic of China, should call on that country to ORGAN HARVESTING AND TRANS- begin serious discussions with the Dalai PLANTING IN THE PEOPLE’S REPUB- The purpose of this hearing is to re- Lama or his representatives, without pre- LIC OF CHINA. ceive testimony on S. 469, a bill to des- conditions, on the future of Tibet. It is the sense of Congress that— ignate a portion of the Sudbury, June 4, 1998 CONGRESSIONAL RECORD — SENATE S5653 Assabet, and Concord Rivers as a com- ministration’s response to GAO’s com- The PRESIDING OFFICER. Without ponent of the National Wild And Scenic ments. objection, it is so ordered. Rivers System; S. 1016, a bill to author- The PRESIDING OFFICER. Without SUBCOMMITTEE ON OVERSIGHT OF GOVERNMENT ize appropriations for the Coastal Her- objection, it is so ordered. MANAGEMENT, RESTRUCTURING, AND THE DIS- itage Trail Route in New Jersey, and COMMITTEE ON SMALL BUSINESS TRICT OF COLUMBIA for other purposes; S. 1665, a bill to re- Mr. GRAMM. Mr. President, I ask Mr. GRAMM. Mr. President, I ask authorize the Delaware and Lehigh unanimous consent that the Commit- unanimous consent on behalf of the Navigation Canal National Heritage tee on Small Business be authorized to Governmental Affairs Subcommittee Corridor Act, and for other purposes; S. meet during the session of the Senate on Oversight of Government Manage- 2039, a bill to amend the National for a hearing entitled ‘‘Oversight of the ment, Restructuring, and the District Trails System Act to designate El Ca- Small Business Innovation Research of Columbia to meet on Thursday, June mino Real de Tierra Adentro as a Na- (SBIR) Program.’’ The hearing will 4, 1998, at 10 a.m. for a hearing on tional Historic Trail; and, H.R. 2186, a begin at 10 a.m. on Thursday, June 4, ‘‘Competition for Commercial Activi- bill to authorize the Secretary of the 1998, in room 428A Russell Senate Of- ties in the Federal Government’’. Interior to provide assistance to the fice Building. The PRESIDING OFFICER. Without National Historic Trails Interpretive The PRESIDING OFFICER. Without objection, it is so ordered. Center in Casper, Wyoming. objection, it is so ordered. f Because of the limited time available SELECT COMMITTEE ON INTELLIGENCE ADDITIONAL STATEMENTS for the hearing, witnesses may testify Mr. GRAMM. Mr. President, I ask by invitation only. However, those unanimous consent that the Select wishing to submit written testimony Committee on Intelligence be author- IMPORTANCE OF SENATE ACTION for the hearing record should send two ized to meet during the session of the ON THE COMPREHENSIVE TEST copies of their testimony to the Sub- Senate on Thursday, June 4, 1998 at 10 BAN TREATY committee on National Parks, Historic a.m. to hold a closed hearing on Intel- Preservation and Recreation, Commit- ∑ Mr. JOHNSON. Mr. President, like ligence matters. many of my colleagues I am deeply tee on Energy and Natural Resources, The PRESIDING OFFICER. Without United States Senate, 364 Dirksen Sen- concerned about the recent nuclear objection, it is so ordered. tests conducted by India and Pakistan. ate Office Building, Washington, DC SUBCOMMITTEE ON AVIATION 20510–6150. The leaders of these two nations acted Mr. GRAMM. Mr. President, I ask with disregard and both countries must For further information, please con- unanimous consent that the Aviation tact Darlene Koontz of the Subcommit- be shown that such actions are unac- Subcommittee of the Senate Commit- ceptable. No nation should think that tee staff at (202) 224–7555 or Shawn Tay- tee on Commerce, Science, and Trans- lor at (202) 224–6969. it can conduct secret nuclear tests and portation be authorized to meet on not be held accountable. The United f Thursday, June 4, 1998, at 2:15 p.m. on States and the international commu- AUTHORITY FOR COMMITTEES TO Airline Alliances. nity will continue to impose sanctions The PRESIDING OFFICER. Without MEET on both countries, causing further eco- objection, it is so ordered. nomic hardship for these impoverished COMMITTEE ON ARMED SERVICES SUBCOMMITTEE ON COMMUNICATIONS populations. However, I believe we can Mr. GRAMM. Mr. President, I ask Mr. GRAMM. Mr. President, I ask do much more to prevent further test- unanimous consent that the Commit- unanimous consent that the Commu- ing. tee on Armed Services be authorized to nications Subcommittee of the Senate India and Pakistan are two of the meet at 10 a.m. on Thursday, June 4, Committee on Commerce, Science, and three nations who were suspected of 1998, in open/closed session, to receive Transportation be authorized to meet having nuclear capability which had testimony on the future threats to the on Thursday, June 4, 1998, at 9:30 a.m. not joined the Comprehensive Test Ban Department of Defense information on Oversight of the Cable Services Bu- Treaty (CTBT). Now, both countries systems, including the year 2000 prob- reau. should be pressured to sign the treaty lems and the sale of the frequency The PRESIDING OFFICER. Without immediately. In Tuesday’s New York spectrum. objection, it is so ordered. Times, Stanford Professor Sidney Drell The PRESIDING OFFICER. Without SUBCOMMITTEE ON FORESTS AND PUBLIC LAND stated a compelling argument for objection, it is so ordered. MANAGEMENT United States ratification of the CTBT, COMMITTEE ON ARMED SERVICES Mr. GRAMM. Mr. President, I ask and I ask that the attached article be Mr. GRAMM. Mr. President, I ask unanimous consent that the Sub- printed in the RECORD at the conclu- unanimous consent that the Commit- committee on Forests and Public Land sion of my remarks. I agree with tee on Armed Services be authorized to Management of the Committee on En- Drell’s sentiment that, rather than meet at 2 p.m. on Thursday, June 4, ergy and Natural Resources be granted pointing to India’s and Pakistan’s tests 1998, in open session, to receive testi- permission to meet during the session as reason for inaction, the Senate mony on U.S. forces participating in of the Senate on Thursday, June 4, for should immediately take up and ap- NATO operations in Bosnia and purposes of conducting a subcommittee prove the treaty. I feel strongly that progress in achieving benchmarks in hearing which is scheduled to begin at Senate ratification would make our ef- the civil implementation of the Dayton 2 p.m. The purpose of this hearing is to forts to dissuade India and Pakistan Agreement. receive testimony on S.1253, the Public from an arms race much more credible, The PRESIDING OFFICER. Without Land Management Act of 1997. and would send a message to any other objection, it is so ordered. The PRESIDING OFFICER. Without nations considering tests of their own. COMMITTEE ON ENERGY AND NATURAL objection, it is so ordered. Of course, the US and the international RESOURCES SUBCOMMITTEE ON HOUSING OPPORTUNITY AND community should concentrate on fa- Mr. GRAMM. Mr. President, I ask COMMUNITY DEVELOPMENT cilitating the dialog necessary between unanimous consent that the Commit- Mr. GRAMM. Mr. President, I ask Indian and Pakistan to diffuse the tee on Energy and Natural Resources unanimous consent that the Sub- points of contention currently driving be granted permission to meet during committee on Housing Opportunity this arms race, and ratification of the the session of the Senate on Thursday, and Community Development of the CTBT will help to shift that focus. June 4, for purposes of conducting a Committee on Banking, Housing, and Additionally, the best way for India full committee hearing which is sched- Urban Affairs be authorized to meet and Pakistan to address the sanctions uled to begin at 9:30 a.m. The purpose during the sessions of the Senate on resulting from their irresponsible nu- of this oversight hearing is to receive Thursday, June 4, 1998, to conduct an clear tests is to sign the CTBT, with- GAO’s preliminary comments on its re- oversight hearing on the Programs and out conditions. Instead of spending view of the Administration’s Climate Operations of the Federal Housing Ad- scarce resources on a nuclear arms Change Proposal and to hear the Ad- ministration (FHA). race, we must convince the leadership S5654 CONGRESSIONAL RECORD — SENATE June 4, 1998 of both countries to rebuild their I know from my own work for the Director ways that few other conflicts can: I am economies and improve the standard of of Central Intelligence, George Tenet, that speaking of the conflict in the Republic living for the people, something that the existing monitoring system did the job of Georgia in the distant but strategi- last summer, detecting a ‘‘seismic event’’ off obviously has not been the case for ei- Novaya Zemlya in Russia and eventually cally critical region of Abkazia. ther India or Pakistan. Urging them to helping to determine that it was not from a And yet the stability in independent sign the treaty would be one step in nuclear test. Our intelligence services are Georgia is one of the principal US in- the right direction. Treaty ratification rightly assigned the task of monitoring for terests in the former USSR and should is also a necessary step for restricting nuclear explosions, with or without the trea- be one of our overriding strategic the flow of nuclear technology, from ty. But with the treaty, additional sensors goals. This is not just sentiment for these emerging nuclear powers and na- would be deployed in a global network that one of the earliest Christian civiliza- tions worldwide. would complement our own intelligence. tions in a part of the world where Some of these additional sensors would be I urge Senator LOTT to take up con- ‘‘aimed’’ at the subcontinent. And with the Christian civilizations do not thrive: sideration of the Comprehensive Test treaty, we could request onsite inspection of rather it is a clear statement of our Ban Treaty, and I urge all of my Sen- suspicious activities. own strategic interest and objectives. ate colleagues to vote for a ban on nu- The test ban treaty—which has already Georgia is a NATO borderland and an clear testing by the United States. The been signed by 149 nations and ratified by entry point to the emerging new Silk United States must lead by example. our nuclear allies, Britain and France—pro- Road. It is a key ally of our partner We did not do enough to prevent the vides the legal framework for a long-term so- Turkey and is important in many lution to the problem of nuclear testing in nuclear tests by India or Pakistan, and India and Pakistan. The best way for these ways: strategically, militarily, com- now we must do more to ensure that two nations to begin addressing the inter- mercially. If Georgia were to become further testing is halted in South Asia national condemnation and sanctions that unstable, the entire region would be and throughout the world. President have resulted from their tests is for them to put in jeopardy. Clinton is scheduled to travel to China sign the treaty, without condition. Senate Against overwhelming odds, Georgia and South Asia later this year. I be- ratification would strengthen our hand in has achieved strong positive economic lieve such a diplomatic mission is ex- pushing India and Pakistan toward a respon- growth in the last few years. It is one sible course, and it would help dissuade other of the most stable of the post-Soviet tremely timely and must include visits states from going down the dangerous road to China, India and Pakistan for the of developing nuclear weapons. states, with world-class leadership in distinct purpose of discussing global se- Senator Lott also expressed concern that President Eduard Shevardnadze. It is curity in light of the round of nuclear the treaty ‘‘will not enter into force unless America’s natural ally in a neighbor- capacity testing in the region. I en- 44 countries, including India and Pakistan, hood that features Iran and Iraq. courage my Senate colleagues to sup- ratify it.’’ Precisely for this reason, Article Georgia is central to the successful port the President in this endeavor. 14 of the treaty calls for a review conference development of what the new Silk in September 1999 to look for ways to put the Road from Central Europe to China. The article follows: treaty into effect if it has not been approved [From the New York Times, June 2, 1998] by all 44 nuclear-capable nations (i.e., those This ambitious project will eventually REASONS TO RATIFY, NOT TO STALL with nuclear weapons or with nuclear reac- encompass pipelines, roads and rail- (By Sidney D. Drell) tors for research or power). roads, airports and communications Only those nations that have ratified will STANFORD, Calif.—The nuclear tests by networks that stretch from Central Eu- India and Pakistan have led some in the have a seat at that conference. Thus the rope to China. This corridor will com- United States Senate to seek further delay United States must ratify the treaty this pletely alter the economics and the on the Comprehensive Test Ban Treaty, year if we are to be a leader, as we must be, politics of Eurasia in ways that we can- which has already been awaiting ratification in an effort to put the treaty into force. Previous Senates have shown that they can not now foresee, but which are certain for more than a year and a half. Senator act quickly and courageously on such mat- to intersect US strategic interests in Trent Lott of Mississippi, the majority lead- ters. When President John F. Kennedy sub- Eurasia in many places. The states of er, said on Friday that ‘‘the nuclear spiral in mitted the Limited Test Ban Treaty to the the Caucasus—Georgia, Azerbaijan and Asia demonstrates that irrelevance of U.S. Senate in 1963, the Foreign Relations Com- action’’ on the treaty, calling the pact ‘‘un- Armenia—lie at the very center of this mittee held its first hearing four days later, new Silk Road. For the corridor to verifiable and ineffectual.’’ and the treaty was approved by the full Sen- To the contrary, the treaty’s international function, stability in these states is es- ate in less than two months. monitoring system, when used in combina- Yet in the wake of the Indian and Paki- sential. tion with our own intelligence resources, stani tests, it would appear that the Senate Not surprisingly, some people wish provides the means to verify the test ban ef- will not act even to bring the treaty to a ardently to jeopardize America’s inter- fectively. Moreover, a quick vote in the Sen- vote. Inaction will not help to deter further ests in this region by threatening Geor- ate approving the treaty is an essential re- nuclear tests or reduce nuclear dangers. gia’s stability, and they have fastened sponse to the South Asian nuclear gambit. Rather than pointing to India’s and Paki- While it is true that American intelligence on a perverse way of doing so. the stan’s tests as an excuse for inaction, the small, break-away region of Abkazia failed to provide imminent warning of In- Senate should be approving the treaty with- dia’s first three nuclear tests on May 11, we out delay. has been Russia’s best available instru- were well aware that the technical prepara- Four decades ago President Dwight D. Ei- ment to diminish Georgia’s accom- tions had been made for testing. Further- senhower said that not achieving a nuclear plishments and to imperil its remark- more, the global network of seismic sensors test ban ‘‘would have to be classed as the able gains. Russia is the only power to that will form the core of the treaty’s ver- greatest disappointment of any administra- benefit from such activity. Let us not ification system did detect, locate and iden- tion—of any decade—of any time and of any be timid in naming the problem: Russia tify the main nuclear blast that day. party.’’ It would be tragic if once more we is the problem, the aggressor and the It is evident that the system also proved fail to seize this opportunity.∑ effective in detecting Pakistan’s tests, both single-most threat to stability in Geor- f on Thursday and on Saturday. And the trea- gia and the entire Caucasus. ty calls for the monitoring system to be CONFLICT IN THE REPUBLIC OF Since the early 1990s, Russia, acting beefed up. Also, the treaty would allow us to GEORGIA through Abkazia, has attempted to request a short-notice, on-site suggesting ∑ Mr. BROWNBACK. Mr. President, the bring down Georgia. This is no secret. that a nuclear weapons test might have oc- Virtually every expert to travel to the curred. newspapers are full of Kosovo and Ser- India has claimed that its last two an- bia, of India and Pakistan and of region reports the same thing: Russia nounced tests, on May 13, had very low course, Indonesia. These threatening is responsible for arming, training and yields, in the subkiloton range. Whether or events have captured most of the head- sustaining Abkazia’s so-called freedom not we succeed in corroborating possible lines and have attracted the attention fighters. Russia’s support for the pro- tests of such relatively small magnitude, we of the Administration in greater or Russian Abkazian leadership is barely need to remember that very low yield tests lesser degrees. These are not trivial disguised: Russia has funneled arms are of questionable value in designing new and support for more than six years nuclear weapons or confirming that a new issues, and we cannot afford to ignore design will work as intended. Any failure by their importance for challenging US into the Abkaz region of Georgia for the monitors to detect such tests is not the interests. one specific task: to destabilize the proper benchmark for determining the sys- But another conflict rages that, government of Eduard Shevardnadze so tem’s—or the treaty’s—effectiveness. while small, challenges US interests in that Georgia will be unable to realize June 4, 1998 CONGRESSIONAL RECORD — SENATE S5655 its goals of being independent, of join- Mr. President, it is time for the Ad- TRIBUTE TO THE MARSH BIL- ing the community of free democratic ministration to state unequivocally LINGS NATIONAL HISTORIC nations, and of providing better lives— that the stability and survival of an PARK free lives—for the people of Georgia. independent Georgia is a fundamental ∑ Mr. JEFFORDS. Mr. President, June It is high time the Administration U.S. interest. That Russia’s collusion 5, 1998, is a great day for Vermont and took a strong position on the subject of with the Abkaz is nothing less than for the Nation as we open Vermont’s the Caucasus and of Georgia in particu- Moscow’s effort to maintain control first, and the Nation’s newest, National lar. So far, it has not only failed to over sovereign Georgia and will not be Historic Park. On behalf of all Ver- reign in Russian efforts against Geor- tolerated; and that it is time to put an monters I want to welcome the Na- gia, but by this very failure, it has in- end to Russian Trojan horses in Geor- tional Park Service and express my sured that the Russian-promoted desta- gia—the phony Russian ‘‘peace- deepest gratitude to Laurence and bilization efforts will continue. keepers’’ and the military bases that Mary Rockefeller for making this pos- Administartion apathy on this sub- provide Russia with the means to sible. ject is best illustrated by the astonish- threaten Georgia’s future and to put Vermonters have always drawn a spe- ing lack of urgency that the State De- U.S. interests at risk.∑ cial strength from the land. And as partment ascribes to placing qualified f Vermonters, we have a responsibility and dynamic ambassadors in these to the land. I was proud to introduce TRIBUTE TO LAHAINALUNA HIGH countries. Georgia has been without a for myself, Senator LEAHY and all Ver- SCHOOL OF MAUI, HAWAII U.S. ambassador for well over six monters, the legislation that created months. No candidate has yet been ∑ Mr. AKAKA. Mr. President, I rise this National Historic Park in 1991. A identified, let alone brought to the today to congratulate the students perfect ‘‘Vermont scale’’ National Senate for confirmation, despite per- from Lahainaluna High School from Park, its size fits our State’s land- sistent and forceful requests by Presi- Lahaina, Maui, who recently came to scape, incorporating many of the most dent Shevardnadze and other key lead- Washington, D.C., to participate in the significant attributes about Vermont: ers in Georgia for such an appoint- national competition of We the People our stewardship of the working agricul- ment. . . . The Citizens and the Constitution. tural and forest landscapes, our dedica- The Administration has also been As you may know, We the People . .. tion to conservation, and our commit- supporting the Russian ‘‘mediation’’ of The Citizen and the Constitution is a ment and respect for our towns and the Abkaz conflict: this policy must be civic education program which seeks to communities. reversed. Russian ‘‘mediation’’ consists develop young students into enlight- Mr. President, the beauty and signifi- of injecting Russian peacekeepers into ened and capable citizens who under- cance of this site will now forever re- the region to separate the Georgian stand and promote responsible partici- ceive the same recognition as our other and Abkaz combatants. Their behavior pation in our democratic process. Stu- great National Parks, such as Yellow- in the recent fighting in Abkazia shows dents learn the history and principles stone, Grand Teton, and Gettysburg. their true intentions: the best case sce- behind our constitutional democracy George Perkins Marsh, Frederick Bil- nario shows that the Russian peace- through the use of the Declaration of lings, and Laurence Rockefeller’s devo- keeping forces did nothing to interdict Independence, the U.S. Constitution, tion and commitment to the issues of the flow of separatist personnel and and the Bill of Rights. conservation, forest management, and heavy weaponry into the region where These young students competed agriculture have helped develop this the fighting was taking place. The against 49 other classes from across the nation’s attitudes for how we treat and worst case scenario has them actually Nation, demonstrating a youthful and respect our lands. Private land owners providing weapons to the Abkaz com- enthusiastic interest in the fundamen- throughout the country have followed batants. This is unacceptable. tal ideas that are imperative for gain- the example of these distinguished Allowing continued Russian control ing a better understanding of our gov- leaders. Today, those who work and over this situation is tantamount to ernment. We the People is not only a own the land, and hold true to the inserting the fox’s first cousin as a me- competitive event, but it is also the ideals of Marsh and Billings, are this diator between the foxes and the hens. most extensive civics program to reach Nation’s most important stewards. The The current situation insures that more than 26 million students from ele- preservation and conservation of the Georgia can only lose. It is time for the mentary, middle, and high schools Nation’s working landscape, and his- Administration to demand the removal across the country. toric and natural resources are increas- of the bogus Russian peacekeepers, and I would like to recognize these fine ingly important and yet are becoming to insist on their replacement by an students for their accomplishments: more difficult to maintain. The Marsh independent force of peacekeepers. To Iao Eisenberg, Tiffany Fujiwara, Jas- Billings National Park will forever do less is to acknowledge implicitly mine Hentz, Erin Lockhard, William serve Vermont and the Nation as a that Georgia remains within Russia’s Myers, Leah Nakamura, Ryan Ott, Mi- model for conservation. sphere of control. chael Prieto, Julie Reed, Sal Saribay, I salute Mary and Laurence Rocke- This matter also raises the issue of Justin Serrano, Jeffrey Shelton, Yee feller for their vision in providing this the continued presence of Russian mili- Ning Tay, and Kerri Tsubaki. I would park to the people of Vermont and the tary bases in Georgia. They are there also like to acknowledge the contribu- United States. The Rockefeller family despite the overwhelming opposition of tions of their teacher, Mrs. Ruth E. has given future generations of Ver- Georgian citizens. These bases were es- Hill, and the District and State Coordi- monters, indeed all Americans, access tablished at a time when Georgia was nators, Ms. Jane Kinoshita and Ms. to a truly historic and beautiful site. in no position to repulse Russian ad- Sharon Kaohi, respectively. Without This is only the most recent accom- vances. Russia has no legitimate na- their dedication and leadership, our plishment in Mr. Rockefeller’s more tional security claim on Georgia. Rus- students would be unable to participate than 50 years of conservation leader- sia is no less safe—indeed it is safer— in this important program. ship. Laurence Rockefeller was the with a Georgia that is free, independ- Mr. President, I commend all the stu- first person ever awarded a Congres- ent, democratic and with free markets dents and teachers who participated in sional Gold Medal for conservation close to its southern border. These this program, and particularly the stu- work, and that award was richly de- bases—from which the perpetrators of dents of Lahainaluna High School who served. I am proud to have been an the assassination attempts on Presi- represented Hawaii in the national original cosponsor of the legislation dent Shevardnadze are reported to have competition. It is always heart- that granted him the award. fled—must be closed. The United warming to see students actively en- Mr. President, the people of Wood- States must not accept the notion that gaged in the learning process. I wish stock and the entire State of Vermont Georgian independence can only be se- the students and teacher of have lived a long time in harmony with cured by Russian power. Nothing could Lahainaluna High School the best as the landscape. Our first national park be more alien to the truth and to our they continue to pursue their future not only recognizes the two founders of national values. endeavors.∑ the American conservation movement, S5656 CONGRESSIONAL RECORD — SENATE June 4, 1998 it is a tribute to all Vermonters and to business to America’s economy. Small The answer, in my view, is real-world the Vermont way of life.∑ business is our engine of economic cost benefit analysis. No one wants to f growth. Small business-dominated in- put our families and children at risk dustries produced an estimated 64 per- from unsafe products or procedures. IN MEMORY OF MABEL VIRGINIA cent of the 2.5 million new jobs created But the federal government must im- JEWS during 1996. Small businesses also ac- plement strict policies seeing to it that ∑ Ms. MIKULSKI. Mr. President, I rise count for 28 percent of jobs in high scientific data is used to determine today to celebrate the life of Mabel technology sectors—the sectors of our whether any proposed regulation will Virginia Jews, a dedicated mother and economy pushing us into the future cause more harm than good—to people, a great educator who passed away on and keeping us competitive in world to the economy and to small business. May 23, 1998. As we work to strengthen markets. In addition, Mr. President, Washing- our Nation’s families, I hope we can all Small businesses also serve as the ton too often imposes unfunded man- find inspiration in the life of this re- training ground for America’s work- dates on America’s job creators. The markable woman. force, providing 67 percent of workers benefits of government programs are In 1934, Mrs. Jews graduated from with their first jobs and initial on the there for all to see. But the costs im- then Morgan State College and fol- job training in basic skills. posed by these programs on workers, lowed her undergraduate studies with a Small business is especially impor- consumers, and small businesses are Masters degree from the former Salis- tant in my own state of Michigan, not so clear. Reduced wages, increased bury State College in the 1960’s. She where almost half a million small busi- prices and stagnant growth all can re- lived most of her life on Maryland’s nesses and sole proprietors created sult from unfunded federal mandates. Eastern Shore where she dedicated her- every net new job in our economy from That is why I believe it is crucial that self to education, both in her class- 1992 to 1996. we institute mandate reform legisla- rooms and in the life of her son, Wil- How did Michigan’s small businesses tion that would direct the Congres- liam Jews, Jr. As a teacher, Mrs. Jews accomplish this? Ask Pamela Aguirre sional Budget Office to study the ef- taught English and home economics in of Mexican Industries in Michigan and fects of proposed private sector man- junior high and high school where her Cheryl Hughes of C&D Hughes. Both dates on workers, consumers and eco- patience and kindness taught students these women are being honored by the nomic growth, and provide a point of to feel comfortable about learning. In Small Business Administration for order allowing members to call Con- addition to her service as a school- their efforts in expanding their small gress’ attention to these costs. teacher, Mrs. Jews also worked as hos- businesses against great odds through Finally, Mr. President, entrepreneurs pital administrator, Pentagon em- hard work, perseverance and devotion increasingly are being forced out of ployee and property manager. to quality. business, or deciding not to go into Mabel Jews believed in getting be- Ms. Aguirre has taken the eight em- business for themselves, out of fear of hind our kids, making her son and his ployee leather and soft trim auto- lawsuits. One recent Gallup poll re- motive products manufacturer she in- education her top priority. Mrs. Jews ported that fear of litigation has herited from her father and turned it focused her life’s work on helping caused 20 percent of small businesses into a 1,500 employee eight plant cor- young Bill build an educational record not to hire more employees, expand poration with 1996 sales of $158 million. that would give him the opportunity to their business, or introduce new prod- Her company had plants in Detroit em- attend any school in the country. I’m ucts. And that figure does not include powerment zones before they were em- pleased to say he chose Maryland’s those who have decided not to go into powerment zones. Hundreds of local Johns Hopkins University. As many of business at all. residents have found training, skills my colleagues know, Bill Jews is now The culprit is the frivolous lawsuit. and careers thanks to her. The stories are well-known: A the president of CareFirst Inc. and Cheryl Hughes started running her Northridge, California woman claims chief executive officer of Blue Cross highway construction company in 1980 damages from a store after she pulled and Blue Shield of Maryland. We can out of her home. Now, after weathering out the bottom box in a blender display imagine how proud Mrs. Jews was of reductions in federal highway funding, her son’s success. She was a model C&D Hughes employs 60 people, has stack and brought it down on her. A mother who espoused the values we achieved annual sales of over $7 mil- former smoker in Seattle sues a super- work to promote in our country’s fami- lion, and is recognized as one of the market and Washington dairy farmers lies. fastest growing privately held compa- for failing to warn him that a lifetime Mr. President, I am honored today to nies in Michigan. of drinking whole milk might clog his pay special tribute to such an inspira- Entrepreneurs like Pamela Aguirre arteries and cause him to have a heart tional and important Marylander. and Cheryl Hughes deserve our respect, attack. A teenager in Nashau, New Throughout her lifetime, Mabel Jews Mr. President. Their efforts make their Hampshire sues the manufacturer of a made vital contributions to the suc- communities and our nation better and basketball net after he attempts a slam cessful life of her son Bill, as well as to more prosperous. By providing jobs dunk and looses two teeth when they the lives and lessons of those who sur- they help people learn skills and build get caught in the net. rounded her. The great state of Mary- lives for themselves and for their fami- We must put a stop to this lawsuit land is fortunate to have been home to lies. abuse before it stifles our economic such a great woman.∑ But they also need our help. If small growth, innovation and entrepreneurial f business owners like Pamela Aguirre spirit. Ideally, we would pass legisla- and Cheryl Hughes are to continue to tion discouraging all frivolous law- NATIONAL SMALL BUSINESS grow and to provide good jobs to mil- suits. Unfortunately, while we have WEEK lions of Americans, they must be freed tried several times to enact broad- ∑ Mr. ABRAHAM. Mr. President, I rise from excessive federal regulations and based legal reform, the President has today to mark National Small Business mandates, and from frivolous lawsuits successfully opposed it. That is why I Week. This is the week when we honor, that drive up the cost of insurance and have sponsored the ‘‘small business as we have for the past 35 years, the can drive a small business owner into lawsuit abuse protection act.’’ For American entrepreneurs who have done bankruptcy. small businesses, this legislation will so much to make ours a prosperous, For example, Mr. President, current limit the punitive damages that can be thriving nation. America’s 23 million regulatory costs are staggering—$647 awarded against the company. Punitive small businesses employ more than billion in 1994 according to the General damages would be available only if the half our country’s private work force, Accounting Office. Our small busi- injured party proves convincingly that create two of every three new jobs, and nesses cannot afford to bear this kind the harm was caused by the small busi- generate a majority of American inno- of burden. What is more, many small ness through at least a conscious, fla- vations. companies refuse to grow because grant indifference to the rights and Mr. President, it would be impossible doing so would subject them to a num- safety of others. And punitive damages to exaggerate the contribution of small ber of costly, unnecessary regulations. would be limited to the lesser of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5657 $250,000 or two times the compensatory bined milk from her cows with milk Schools that receive this recognition damages awarded for the harm. from her neighbor’s cows and made it provide a challenging education for The bill also would limit joint and into cheese. their students, strive to maintain a several liability for small businesses. Other Wisconsin dairy firsts include: clean and healthy environment, de- This doctrine, according to which a the development of Colby cheese in velop and maintain family relations, company that caused, say, two percent 1874, the creation of brick cheese in and recruit and maintain high caliber of the harm could be held liable for the 1875, the first dairy school in America- teachers. full amount of damages, has forced established in 1891 at the University of Mr. President, it is no surprise that many companies related to an accident Wisconsin at Madison, the first state- Kaimuki Intermediate School, which tangentially if at all (including, for ex- wide dairy show in the U.S. in 1928, and challenges students academically, has ample, Mr. Van de Putte) to pay the the creation of the world-record hold- been chosen for such an honor. Stu- entire amount of the settlement be- ing 40,060 pound, Grade-A Cheddar dents are given numerous opportuni- cause others are bankrupt or otherwise cheese in 1988. And Wisconsin also can ties to expand their interests and tal- not subject to being sued. Under this claim one of the best-tasting inven- ents by participating in committees, legislation a small business would be tions in the history of dairy industry: including School Community Based liable for pain and suffering and any the creation of the first ice cream sun- Management (SCBM) and the Student other noneconomic damages only in dae in 1881. Activities Council (SAC). These com- proportion to its responsibility for Wisconsin cows produce more than mittees enable students to participate causing the harm. They would still be 22.4 billion pounds of milk a year, near- in the administrative process of their fully, jointly and severally liable for ly 90 percent is processed into cheese education and allow them to contrib- economic damages. and other products. Wisconsin leads ute ideas to improve school activities For the sake of our small businesses, the nation in the production of cheese and develop ideas that could further and for the sake of the millions of and are the top producer of many vari- benefit their education. Americans who rely on those small eties including Cheddar, American, The students at Kaimuki Intermedi- businesses for goods, services, training Muenster, Brick, Blue and Italian—not ate School have had many accomplish- and jobs, we must address the costs to mention the ONLY U.S. producer of ments. One student traveled to Wash- Washington and our broken civil jus- the famous Limburger cheese variety. ington, D.C., to compete in the na- tice system impose on entrepreneurial Also, Wisconsin buttermakers produce tional math competition. The eighth activity and business growth. It is my nearly 25 percent of America’s butter grade girls basketball team won first hope that National Small Business supply. place in their league, and other stu- Week will provide all of us with the op- National Dairy Month is the Amer- dents participate in a wide range of ac- portunity to reflect on the tremendous ican consumer’s oldest and largest tivities like intermural and extramural debt we owe the entrepreneurs of our celebration of dairy products and the sports, band, and math competitions. country and that we will do our best to people who have made the industry the Indeed, Kaimuki Intermediate School encourage them to continue making success it is today. During June, Wis- has excelled in their effort to provide life better for all Americans.∑ consinites will hold nearly 100 dairy students with a well rounded edu- f celebrations across our state, including cation. dairy breakfasts, ice cream socials, Mr. President, I am proud to rise CELEBRATION OF JUNE DAIRY cooking demonstrations, festivals and today to recognize everyone who has MONTH other events. These events are all de- contributed to making this award a re- ∑ Mr. FEINGOLD. Mr. President, I rise signed to make consumers aware of the ality, and congratulate the faculty and today to celebrate National Dairy quality, variety and great taste of Wis- staff and, most importantly, the stu- Month and the great history of the consin dairy products and to honor the dents of Kaimuki Intermediate School dairy industry in our nation. As many producers who make it all possible. for a job well done.∑ of you know, even before the inception I am proud to honor this great Amer- f of National Dairy Month, in 1937, Wis- ican tradition—proud to honor the consin was historically the national dairy producers not only in Wisconsin, PATRICIA RUSSO leader in milk and cheese production. but also those across this great na- ∑ Mr. DODD. Mr. President, later this Even today, Wisconsin leads the nation tion.∑ month the State of Connecticut will in cheese volume and variety, offering f say good-bye to one of its strongest more than 300 varieties, types and and most respected voices on women’s styles of cheese. TRIBUTE TO KAIMUKI issues: Patricia Russo. Known by her Mr. President, during June Dairy INTERMEDIATE SCHOOL friends as Pat, Ms. Russo has worked Month, we celebrate America’s dairy ∑ Mr. AKAKA. Mr. President, it is with for the past 18 years to promote civil industry and Wisconsin dairy’s proud great pride that I rise today to honor rights for women, assure equality in tradition and heritage of quality. It the students, teachers, staff, adminis- education for girls, and help women provides Wisconsin’s dairy farmers a trators, parents, and supporters of achieve economic parity in the work- special time to reflect on their accom- Kaimuki Intermediate School from place. This July, Pat will be moving plishments and those of their ances- Kaimuki, O’hau for their achievement with her family to Tokyo, and she will tors, and to look forward to continued in receiving the prestigious Blue Rib- be dearly missed. success in the future. bon Schools award. This year, Kaimuki Pat Russo has served on the Perma- As I mentioned, Mr. President, Wis- Intermediate School was one of the nent Commission on the Status of consin was nicknamed America’s schools selected from hundreds of sec- Women (PCSW) for the past 15 years. Dairyland in the 1930s, but it became a ondary schools across the nation to re- She currently serves as the Chair- leader in the industry soon after the ceive this award. It is a reflection of person of this agency, which provides first dairy cow came to Wisconsin in the administration’s, teachers’, and research and analysis to legislators and the 1800’s. This year’s celebration of staff’s determination to provide an ex- state leaders on issues such as sex dis- National Dairy Month, is especially cellent educational environment for crimination, child care, sexual harass- important for the people of my home their students. ment, child support enforcement and state of Wisconsin because this is also The U.S. Department of Education the economic status of women. the year we are celebrating our sesqui- presents the Blue Ribbon Schools On behalf of the PCSW, Ms. Russo is centennial—150 years of Wisconsin award to schools that have excelled in the founder of the Connecticut Wom- statehood. Dairy history and the leadership, community involvement, en’s Agenda, a state-wide coalition of state’s history have been intertwined environmental awareness, and a con- key women’s organizations in Con- from the beginning. Why, before Wis- tinuous desire to overcome the barriers necticut. She also chairs the PCSW’s consin was even declared a state, Ms. that impede a quality education. This Congressional District Advisory Coun- Anne Pickett established Wisconsin’s award is one of the most prestigious cil (CDAC) in the fourth congressional first cheese ‘‘factory’’ when she com- educational awards in the nation. district. S5658 CONGRESSIONAL RECORD — SENATE June 4, 1998 Ms. Russo’s work on behalf of ending also have made great contributions of Colombian army was withheld on ac- violence against women earned her a our nation through their culture and count of a human rights provision in seat on the 1997 Task Force to Study their individual initiative. our Foreign Operations law. Domestic Violence, along with the At- The Philippines has become a major I do not oppose Special Forces train- torney General and other state leaders. trading partner for the United States ing. Our soldiers need the experience. In addition to her work at the PCSW, and remains a strong ally in our efforts But we also need a consistent human Ms. Russo also serves on the Advisory to maintain regional stability. rights policy. The human rights proce- Board of Woman magazine and the Ad- It is my hope that our two nations dures that have been applied to the visory Council of the Rape and Sexual will enjoy another 100 years of mutual IMET program are far from foolproof, Abuse Crisis Center. She was recently respect and support, and that my col- but they do help reduce the chance appointed to the Board of Directors of leagues will join me in congratulating that the foreign forces we train have the National Association of Commis- the Philippines on the anniversary of been involved in human rights abuses. sions for Women (NACW). She is also its independence from Spain.∑ These same screening procedures President of the Women’s Business De- f should apply to training conducted by velopment Center of Connecticut, a U.S. Special Forces. new agency that moves women from U.S. SPECIAL FORCES TRAINING Mr. President, a country is judged, in welfare to work. ∑ Mr. LEAHY. Mr. President, several part, by the company it keeps. By fail- Pat Russo’s leadership has earned her months ago, as the conflict in Indo- ing to establish a clear, transparent numerous awards, including the pres- nesia escalated, United States Special and comprehensive policy that governs tigious Hannah G. Solomon award, Forces training of Indonesian troops all our military training programs and given by the National Council of Jew- came under intense scrutiny. As jour- adequately takes into account human ish Women, and the distinction of nalists and human rights groups com- rights considerations, the United ‘‘Woman of the Year’’ by the Business piled and publicized allegations of tor- States, and our soldiers, will continue and Professional Women of Connecti- ture, disappearances and killings by to be implicated in the atrocities of cut. ‘‘Kopassus,’’ an Indonesian special those we train.∑ In 1997, Ms. Russo was named to the forces commando group, and other In- f Racial Justice Committee of the YWCA donesian military units, the Defense RELEASE OF ‘‘UNDER THE RUG: of Greenwich, and is an honorary mem- Department was conducting joint exer- ber of the American Association of SUBSTANCE ABUSE AND THE cises with some of these same forces. It MATURE WOMAN’’ University Women, in celebration of was only several weeks ago that De- her 20 years of activism on behalf of fense Secretary Cohen suspended the ∑ Ms. MIKULSKI. Mr. President, today Connecticut women. program because of instability in the I joined former First Lady Betty Ford, I have known Pat personally for country. former HEW Secretary Joe Califano, many years and worked with her on The training of U.S. Special Forces and Congresswoman NANCY JOHNSON to many important issues. I have always on foreign soil provides a valuable op- release the first national, comprehen- found her to be extremely capable and portunity for our soldiers to learn how sive study of the abuse of alcohol, ciga- completely dedicated to improving the other militaries operate and to famil- rettes, and psychoactive prescription quality of justice for women in this iarize themselves with different cul- drugs by women over age 59. The study country. She is truly a remarkable in- tures, climates and terrain. They need found that in 1998, substance abuse by dividual, and I am sad to see her go. I to be able to operate in the most dif- mature women will trigger more than wish her only the best as she leaves for ficult conditions. However, while the $30 billion in health costs—$10.1 billion Japan and in all of her future endeav- program benefits our soldiers, it also in inpatient hospital bills, $12.2 billion ors.∑ provides training to foreign security in nursing home bills, and $7.7 billion f forces. And sometimes those forces for physician services and home health care. have a history of involvement in U.S.-PHILIPPINE RELATIONS I would like to pay a special tribute human rights violations. Unlike the ∑ Mr. ABRAHAM. Mr. President, I rise to Mrs. Ford. Her courage and her gal- today to cosponsor a resolution offered International Military Education and lantry has given hope to others who by my colleague the Senator from Ha- Training (IMET) program which have faced similar if not identical screens foreign participants for any in- waii, Mr. AKAKA. This resolution com- problems. By speaking out and by fac- memorates 100 years of relations be- volvement in human rights violations, ing her own problems with the love and tween the people of the United States the Special Forces program, which con- support of her family, she gave those and the people of the Philippines. ducted training exercises in 102 coun- who have less power, or maybe less 100 years ago, Mr. President, the tries in fiscal year 1997, apparently love, the strength to do what she did. Philippines gained their independence does not. No credible effort is made to Mrs. Ford, Liz Taylor, Ann Richards, I from Spain. This was the beginning of screen prospective foreign participants. think we really owe a debt of gratitude a long and fruitful relationship be- If there were, there is no way this to them, and we owe a debt to every tween our two countries and our two training would be conducted with well-known woman in our society who peoples. Kopassus, which has been implicated in has been willing to step forward, speak The people of the Philippines have a pattern of torture and extrajudicial up and speak out about the dangers of shown a strong commitment to free killings dating back many years. older women and substance abuse. government, individual liberty and a A May 25, 1998 article in the Washing- I’d also like to pay tribute to Presi- market economy. Over the last 100 ton Post describes how the Special dent Ford for the courage to organize a years they have worked hard to estab- Forces program in Colombia has con- family intervention. Thank you for lish democratic institutions and to de- tinued to operate and maintain close showing us that when a man really velop a thriving free market economy. relationships with foreign security loves a woman, sometimes you need The Philippines has served as an im- forces there despite the Colombian tough love. If Mrs. Ford had had a portant ally to the United States, pro- army’s abysmal human rights record, heart attack, Mr. Ford would have tecting the peace and security of South pervasive allegations of drug-related been the first one there with CPR. His Asia as it provided an example of the corruption and accusations linking the intervention was the CPR of substance human desire for freedom. armed forces with paramilitary abuse. What is more, Mr. President, Filipino killings of civilians. Just as in Indo- Today’s findings address a problem soldiers have fought side by side with nesia, where Special Forces training hidden in the shadow for too long. Ma- American troops in World War II, continued despite a congressional cut- ture women who struggle with depres- Korea and Vietnam. The people of the off of IMET assistance due to human sion and loneliness and fight them with Philippines have shown themselves to rights concerns, the Special Forces drugs and alcohol today know they are be strong and loyal friends of America. training program in Colombia, funded not alone. This study shines the bright The significant number of Filipinos by the Department of Defense, contin- light of research and knowledge to who have come to the United States ued in 1997 even though our aid to the take this problem out of the shadows. June 4, 1998 CONGRESSIONAL RECORD — SENATE S5659 It is the first step to help mature BEVERLY GIBSON For those of us who are concerned women get help from doctors, from ∑ Mr. BAUCUS. Mr. President, I rise about human rights in China, the very family, and from friends. It is the first today to honor an outstanding Mon- date of June 4th remains a powerful re- step to help grown men and women tanan, Beverly Gibson. She will retire minder that the Chinese Government identify the warning signs of addiction, June 30 after twenty years as assistant has not changed. not just with their own kids, but with director of the Montana Association of But despite the lack of progress, the their parents. It is startling and trou- Counties and nearly 30 years of out- executive branch of our government continues to pursue a policy of con- bling that mature women are more standing public service to her State. structive engagement with China, a likely to be hospitalized for substance Through her work I believe Bev knows policy that will be capped off by the abuse than for heart attacks. almost everyone involved in county President’s visit to Beijing at the end In Maryland in 1996, 285 mature government in the State, and those of women sought help for substance abuse of the month. This upcoming summit is us who have had the great fortune to yet another in a long line of unwise in certified treatment centers, 230 in know her stand in awe of this great 1997. Thousands more are too scared, steps that the Administration has lady’s achievements. taken with respect to China. I have too sick, or too alone to seek out care Montana-born and journalist by generally opposed all of these steps be- they need. This study can help them. training, Bev has been the heart and cause I do not see that progress has And it can help America. soul and living history of MACO since been achieved on human rights in I have been a life-long fighter for ma- its very early expertise have touched China. This includes the October 1997 ture Americans. I believe ‘‘honor your many lives. In a State like mine, with state visit of Chinese President Jiang mother and father’’ is not just a good its vast area and sparse population Zemin. That was a mistake. We should commandment, it’s good public policy. spread over 56 counties, local govern- challenge China’s leaders rather than That’s why I am such a big supporter of ment is the lifeblood of politics. Bev is toast them. research like today’s study. This study the real champion in this arena. The failure of the United States to not only highlights a big problem, it At MACO Bev is known as the person sponsor a resolution condemning highlights opportunities to make good who gets things done. Twice a year, human rights abuses in China and public policy. MACO holds statewide meetings and Tibet at the most recent meeting of If we can end substance abuse among she was always the first to get there the United Nations Commission on the elderly, we can lower financial and welcome everyone. She would re- Human Rights was also a mistake. The costs for Medicaid and Medicare. More search all the issues, staff committees, Administration made this decision de- importantly, we can lower the emo- act as official photographer, coordinate spite the overwhelming support in the tional cost to women and families. We speakers and agency representatives Senate of a resolution that urged the can’t let a blanket of shame and denial and was the last to say goodbye. Can United States to ‘‘introduce and make blind us to problems that we can and you imagine doing that for 168 commis- all efforts necessary to pass a resolu- should solve. sioners of different parties? I honestly tion’’ at the Commission on Human I support more research to help pro- don’t know how the organization will Rights. I was proud to co-sponsor that tect seniors from scams, from poverty, get along without her, except that she resolution. and from threats to their health. I send is leaving an incredible legacy that As we all know, for the past few thanks to Bristol-Myers Squibb and to will brighten the way for others. years, China’s leaders have aggres- the National Center on Addiction and As she retires, I want to wish her sively lobbied against resolutions at Substance Abuse for revealing this much joy, health and happiness. And I the UN Human Rights Commission ear- troubling problem and helping to cre- also want to say thanks, Bev, for a job lier and more actively than the coun- ate solutions. well done and for a real service to Mon- tries that support a resolution. In 1997, Today’s research, which focuses on tana.∑ China threatened Denmark, which had women and seniors, is one big reason I f made a difficult and courageous deci- sion to sponsor a resolution on human am a big supporter of NIH. Women’s COMMEMORATION OF PRO- rights in China. This year, Chinese offi- health has made great headway with DEMOCRACY ACTIVISTS OF 1989 NIH. In 1990, Congresswomen CONNIE cials played a diplomatic game with ∑ Mr. FEINGOLD. Mr. President, I rise various European governments, and MORELLA, Pat Schroeder and I showed today to join in marking the ninth an- up on the steps at NIH to launch what succeeded in getting European Union niversary of the Tiananmen Square foreign ministers to drop any EU co- we hoped would be a women’s health Massacre, a tragic day when a still un- initiative. Through our efforts, the Of- sponsorship of a resolution. known number of Chinese—some say The complete failure of the United fice of Women’s Health Research was hundreds, others, thousands—died at States and the EU to push for a resolu- established so that women would no the hands of the People’s Liberation tion at the Commission was, in my longer be left out of clinical trials and Army, and perhaps thousands more mind, gravely unfortunate. The multi- research protocols. I am pleased that were placed in detention. lateral nature of the Commission we are now seeing more and better re- Despite this monumental tragedy, makes it an appropriate forum to de- search on women’s health. China’s leaders remain unwilling to re- bate and discuss the human rights situ- I am sending this report to Dr. examine the events of June 4, 1989. In- ation in China. By signing inter- Varmus, Director of NIH with my en- deed, they would like nothing more national human rights treaties, China dorsement and with my request that than to have Tiananmen fade from the has obliged itself to respect inter- NIH expand its research on alcohol and world’s memory. national human rights law. One of the drug abuse by mature women. Today’s But today, the spirit of Tiananmen basic purposes of the Commission is study is a shining example of what can lives in our memory in the strongest specifically to evaluate China’s per- get done with attention and money and way. We have recently welcomed to the formance with respect to those com- more women in the House and Senate. United States two key pro-democracy mitments. The Commission’s review I would ask all my colleagues, men leaders who were released from Chinese has led to proven, concrete progress on and women, Democrat and Republican, prisons. But as lucky as we are to have human rights elsewhere, and the expec- House and Senate, to read the execu- Wei Jingsheng, Wang Dan, and others tation has been that such scrutiny tive summary of ‘‘Under the Rug: Sub- in our midst, we are all well aware that would lead to concrete progress in stance Abuse and the Mature Woman’’, they are not yet free; they remain in human rights in China, but China’s rul- which I will send to them. We shouldn’t the United States because they cannot ers cynically ignore their legal and play politics with women’s lives, and return freely to their homeland. moral duty to respect the human we shouldn’t play politics with the Moreover, at least 158 people remain rights of their own citizens. And they lives of the mature women and their in prison for their role in the 1989 dem- do it with impunity. families who are trying to cope with onstrations. Certainly for these people Despite China’s announcement last the terrible problems of substance and their families, Tiananmen remains year that it would sign the United Na- abuse. a part of daily life. tion’s Covenant on Economic, Social S5660 CONGRESSIONAL RECORD — SENATE June 4, 1998 and Cultural Rights and take a few families of the victims—a suggestion I strong enough to limp along for the foresee- other token steps, I see no evidence of made to Assistant Secretary of State able future. There is no evidence at all to real human rights improvement on the Stanley Roth in a recent Senate For- suggest that U.S. economic sanctions are any more likely to destabilize the Castro re- ground in China. The fact that human eign Relations Committee hearing. gime in the near future than they have been rights conditions in China are growing Finally, it is imperative that over the past 38 years. worse, not better, demands that human throughout his visit to China, the Cuba is now some six years into what the rights continue to be a top priority in President send a clear unequivocal regime euphemistically calls the ‘‘special pe- our China policy—but it is not a prior- message about the importance of riod,’’ the time of economic distress that ity, and the rulers in Beijing know human rights, of the rule of law and of began with the collapse of the Soviet Union. Cuba lost its preferential trading arrange- that. democracy. The students at Tiananmen ment with Moscow and the other former Nearly four years after the Presi- erected a goddess of democracy. Our communist republics of Eastern Europe, and dent’s decision to de-link most-fa- China policy worships trade and pays was left to fend for itself. vored-nation status from human short shrift to the ideal of freedom. If U.S. economic pressure was ever to rights—a decision I have always said Our policy has got to change. work, that was the time. But Cuba has mud- was a mistake—we cannot forget that We owe as much to the victims, to dled through. In moves that must have been the human rights situation in China bitter pills for Castro to swallow, Cuba the champions of democracy in China ‘‘dollarized’’ its economy, allowed private and Tibet remains abysmal. Hundreds, today, and to the American people.∑ farmers’ markets and other small-scale pri- if not thousands of Chinese and Ti- f vate enterprises, and offered more favorable betan citizens are detained or impris- terms for foreign investment. oned for their political and religious SENATOR PELL ON CUBAN POLICY As a result, the Cuban economy, in free fall during 1993, has started to come around. The beliefs. The press is subject to oppres- ∑ Mr. REED. Mr. President, I rise sive restrictions. And monks and nuns evidence abounds in Havana. Not only tour- today to submit an editorial on U.S. ists, but all Cubans can purchase an array of in Tibet are harassed for showing rev- policy toward Cuba written by my es- consumer goods in ‘‘dollar stores’’ that are erence to the Dalai Lama. teemed predecessor, the Honorable prevalent in Havana. When we asked one In a well-quoted sentence, the most Claiborne Pell. The editorial was print- government official how Cubans with no ac- recent State Department human rights ed in the May 5, 1998 edition of the cess to dollars can survive, he shot back: ‘‘Who doesn’t have dollars?’’ report notes that ‘‘the Government of Providence Journal Bulletin. China continued to commit widespread One exquisite irony is that this dollar-fo- Senator Pell served in the United cused Cuban economy is now in part propped and well-documented human rights States Senate for thirty-six years. up by an annual deluge of dollars, estimated abuses, in violation of internationally While in the Senate, he served as at $600 million to $1 billion, that arrives in accepted norms, including extra-judi- Chairman of the Committee on Foreign Cuba from the United States, primarily from cial killings, the use of torture, arbi- Relations for eight years. Senator Cuban-Americans anxious to make life easier trary arrest and detention, forced abor- for their relatives. Whatever pain the embar- Pell’s remarkable career also included go causes is offset by this dollar flow, which tion and sterilization, the sale of or- eight years of service as a State De- gans from executed prisoners, and tight they will likely increase with the restoration partment Official and Foreign Service of legal remittances. control over the exercise of the rights Officer as well as the United States Tourism has expanded greatly since I last of freedom of speech, press and reli- Representative to the 25th and 51st visited Cuba 10 years ago, and brings both gions.’’ If that shameful litany is not Sessions of the United Nations General much needed hard currency and less desir- grounds for a tougher policy, please, able consequences, including prostitution, Assembly. Senator Pell’s positions which seems widespread in parts of Havana somebody, tell me what is! have taken him to Cuba on three occa- Today, on the ninth anniversary of after dark. Our delegation visited only Ha- sions, most recently in early May. Sen- one of the most traumatic events in vana and we were told that times are tough- ator Pell’s observations of American er in the smaller cities and the countryside. the modern history of China, we re- foreign policy toward Cuba have led But the Cuban economy has clearly recov- member the courageous people who him to the conclusion that continuing ered and, while it could benefit from many stood before the tanks, who gave their more reforms, there is no sign it will col- the 38 year embargo on Cuba will not lives for bravely choosing to express lapse. destabilize the Castro regime and is their notions of freedom and breathed Cuba is still very much an authoritarian hurting the Cuban people. their last on the bloody paving stones state with tight state control over all as- In his editorial, Senator Pell makes a pects of society, including public debate. One of Tiananmen, and we honor those he- number of insightful points. I hope all day, I visited a showplace medical campus roes who continue to take risks to my colleagues will take the oppor- where very interesting neurological research struggle for real change in China and is being conducted. The center was equipped tunity to read this piece by an expert Tibet. with what appeared to be sophisticated com- in foreign relations and seriously con- It is unfortunate, then, that the puters and has its own ‘‘web site.’’ sider his observations regarding rela- President’s proposed trip to Beijing, Next, I sat with a group of dissidents and tions with our neighbor. asked about their access to the Internet. which will take place in just a few Mr. President, I ask that the edi- ‘‘We can’t use the Internet,’’ one said. ‘‘We weeks, will send the wrong signal—not torial from the Providence Journal cannot even have computers; they just take only to China’s leaders, but also to them away.’’ Bulletin be printed in the RECORD. those in China and Tibet who have Yet I felt a much greater openness in Ha- The editorial follows: worked so tirelessly to achieve the vana this time than in my last visit, and cer- basic freedoms that we, as Americans, [From the Providence Journal-Bulletin, May tainly than in 1974, when Sen. Jacob Javits (the late U.S. Republican senator from New take for granted. In particular, in a 5, 1998] OUR CUBA POLICY HAS NOT WORKED York) and I were among the first members of move that almost adds insult to injury, Congress to visit since the revolution. Back the President has agreed to stage his One can only hope that the small but sig- then, we were shadowed everywhere we went, arrival ceremony in Tiananmen Square nificant changes in U.S. policy toward Cuba were confident our hotel rooms were bugged, itself. that President Clinton announced in late and sensed a real oppressiveness in the city. March portend more sweeping changes in the In those days, the infamous Committees for If ever a moment cried out for a ges- months ahead toward a more rational, more ture, Mr. President, that will be the the Defense of the Revolution were an effec- self-interested and more effective U.S. pol- tive neighborhood spy network; today, they moment. That will be the chance for icy. seem more a network of aging busybodies. our President to restore some small Having just returned from a five-day visit Havana is certainly not a free city, but it moral weight to our China policy. to Cuba with a distinguished group of Ameri- has a liveliness and verve that startled me. Mr. President, if the President of the cans, I am more convinced than ever that On this trip, everywhere we went people United States feels he must go to Bei- our existing policy, built around the 38-year- still were abuzz about the visit of the Pope. jing, if he feels he must go there this old embargo of Cuba, simply doesn’t work. Church leaders do not know yet whether the month, a month when we remember The embargo upsets the Cuban government visit, of which virtually all Cubans seemed and hurts the Cuban people, but, from our immensely proud, will lead to much greater and honor the heroes of Tiananmen, discussions with an array of Cuban govern- openness. But colleagues of mine went to and if he feels he must visit the site of ment officials, religious and dissident lead- Mass on Sunday at a Jesuit church in a run- that horrible 1989 massacre, I hope he ers and foreign diplomat observers, one thing down section of the city, and described a vi- will take the time to visit with the emerged clearly: The Cuban economy is brant community with an abundance of June 4, 1998 CONGRESSIONAL RECORD — SENATE S5661 young adults worshipping with pride and in- them, as it is to us and to untold mil- powerful appeal that democracy and tensity. The dissidents we met reported that lions around the world, a symbol of human rights have in China. The suc- a substantial number of political offenders freedom’s promise for people every- cesses of pro-democracy candidates in have been freed and the atmosphere seems to where. Quoting Thomas Jefferson, Hong Kong’s recent elections also at- them ‘‘more relaxed.’’ Cuba’s repressive communist regime has these brave Chinese students spoke elo- test to how strong democratic ideals survived, if not thrived, for 38 years in eco- quently of the need for China to de- can be in China when not suppressed by nomic isolation from the United States. velop democratic institutions, and fi- autocrats intent upon preserving their When a policy has failed that long, isn’t it nally to allow a degree of political own power and privileges. Most of all, time to try something else? In my view, a progress to match its dramatic eco- the new and thriving democracy on policy of contact, trade, cultural exchanges nomic change and development in re- Taiwan stands as the clearest indica- and dialogue, just as we had with the com- cent years. tion that the phrase ‘‘Chinese democ- munist states of Europe, could well lead to a Nine years ago today—today—the ex- more open, free-market economy and more racy’’ is not an oxymoron. In fact, the political diversity in Cuba. Even if it doesn’t, citement and the promise of this Chi- phrase ‘‘Chinese democracy is a ray of it won’t be any less effective than the policy nese democracy movement were extin- hope for a quarter of our planet’s popu- we’ve been following these past 38 years.∑ guished as troops and armored vehicles lation. f were ordered into action against the This is why it is important always to peaceful students. Mr. President, it keep Tiananmen Square in our minds EXPRESSING THE SENSE OF THE may never be known exactly how many as we pursue our ‘‘engagement’’ with SENATE ON THE NINTH ANNI- died in the resulting bloodbath, but China. While we cannot ignore China VERSARY OF THE MASSACRE OF hundreds of Chinese demonstrators and its huge population, neither can we PRO-DEMOCRACY DEMONSTRA- were certainly killed and many thou- ignore the human rights abuses com- TORS ON TIANANMEN SQUARE sands more were arrested for so-called mitted by its government. Sound pub- Ms. COLLINS. Mr. President, I ask counterrevolutionary offenses that lic policymaking is about pragmatism, unanimous consent that the Senate consisted only of attempting to assert but it is about the pragmatic pursuit of proceed to the immediate consider- rights that it is the duty of civilized principles. Without principle, prag- ation of a Senate resolution at the governments everywhere to observe, matism is no more than a fraud, a desk which would express the sense of protect and promote. process that lacks a purpose; there is the Senate on the ninth anniversary of I am wearing, Mr. President, a ribbon no substitute for an underlying moral the massacre of prodemocracy dem- to commemorate just one of those po- compass. This is why I very much onstrators on Tiananmen Square in litical prisoners from that very sad pe- wanted to introduce my resolution China. I ask further consent that the riod. today: in U.S.-China relations, the resolution be agreed to, the preamble I had hoped to introduce and have memory of Tiananmen Square is one of be agreed to, and that the motion to the Senate pass this resolution to the cardinal points on our moral com- reconsider be laid upon the table. make very clear to everyone in this pass, without which we cannot navi- The PRESIDING OFFICER. Is there country and, indeed, around the globe gate. objection? that the U.S. Senate has not forgotten I ask unanimous consent that the Ms. COLLINS. Mr. President, I find what occurred in Tiananmen Square 9 text of the resolution I would have in- myself in the awkward position of hav- years ago today. troduced be printed in the RECORD. Mr. President, my resolution sought ing to object to consideration of my There being no objection, the mate- to do no more than to make clear that own resolution. I want to make this rial was ordered to be printed in the clear that I am doing this solely as a what occurred on June 4, 1989, was pro- RECORD, as follows: courtesy to the Democratic leader. foundly wrong and that we should not The PRESIDING OFFICER. Objec- permit ourselves or our Government S. RES.— tion is heard. ever to forget this. This resolution Whereas in the spring of 1989, thousands of Ms. COLLINS. Mr. President, I am would have merely expressed the sense students demonstrated in Tiananmen Square really surprised and shocked that ap- of the Senate that our Government in Beijing in favor of greater democracy, civil liberties, and freedom of expression in parently there is objection on the should remain committed to honoring the People’s Republic of China (PRC); Democratic side of the aisle to consid- the memory and the spirit of the Chi- Whereas these students’ protests against eration of this important resolution. I nese citizens who died on Tiananmen political repression in their homeland were had hoped that we would consider this Square and that assisting China’s conducted peacefully and posed no threat to evening a resolution expressing the peaceful transition to democracy their fellow Chinese citizens; sense of the Senate upon the ninth an- should be a principal goal of our for- Whereas on the evening of June 4, 1989, niversary of the tragic massacre of Chi- eign policy. these students were brutally attacked by in- nese students in Tiananmen Square on Mr. President, it is important that fantry and armored vehicles of the People’s June 4, 1989. we remember Tiananmen Square today Liberation Army (PLA) acting under orders from the highest political and military lead- My resolution, had I been permitted precisely because we do enjoy increas- ership of the PRC; to proceed with it this evening, was co- ingly close ties with the regime in Bei- Whereas hundreds of these students were sponsored by the distinguished major- jing. Relations with the People’s Re- killed by the PLA in Tiananmen Square on ity leader, by the Senator from Arkan- public of China are—and must—be a June 4, 1989 for offenses no more serious than sas, Senator HUTCHINSON, and by the continual balancing act. The memory that of seeking peacefully to assert their Senator from Michigan, Senator ABRA- of Tiananmen Square should help us most basic human, civil, and political rights; HAM. Regrettably, my colleagues from find the appropriate bounds, preventing Whereas many of the leaders of the student the Democratic side of the aisle have us from giving way to a wholly un- demonstrations thus attacked were subse- blocked consideration of this resolu- checked enthusiasm in U.S.-Chinese re- quently imprisoned, sought out for arrest, or otherwise persecuted by the Government of tion. I would, however, like to take a lations by disregarding the fundamen- the PRC; moment to explain why I consider it to tal nature of the regime with which we Whereas during or shortly after the brutal be very important. are dealing. China is not a democracy, assault of June 4, 1989, at least 2,500 persons Mr. President, 9 years ago, thousands after all, and its government still has were arrested for so-called ‘‘counter-revolu- of students were peaceably assembled few qualms about using armed force to tionary offenses’’ across China and dozens of on Tiananmen Square in Beijing, suppress the legitimate aspirations of persons were executed; peacefully protesting their govern- its people for basic liberties. Whereas the Chinese government has never ment’s refusal to permit them even the I do not expect democracy to flower expressed regret for its actions on June 4, most basic freedoms of expression, as- overnight in China. But it is today 1989, still imprisons at least 150 persons in connection with the Tiananmen Square dem- sociation, and political activity. quite clear that China is capable of de- onstrations, and has continued to deny its As a symbol of their hopes and aspi- mocracy. The very strength of the stu- citizens basic internationally-recognized rations for a democratic China, these dent movement that Communist au- human, civil, and political rights; students constructed a scale model of thorities tried to crush on Tiananmen Whereas the Government of the PRC, as our own Statue of Liberty. It was to Square nine years ago attests to the detailed in successive annual reports on S5662 CONGRESSIONAL RECORD — SENATE June 4, 1998 human rights by the United States Depart- played outstanding dedication, teamwork, Congress of the United States in 1932 ment of State, still routinely and systemati- and sportsmanship throughout the course of and serves as an incredibly strong ad- cally violates the rights of its citizens, in- the season in achieving collegiate golf’s vocate for our Nation’s disabled veter- cluding their rights to freedom of speech, as- highest honor; and ans. In 1987, as part of their mission, sembly, worship, and peaceful dissent; and Whereas the Rebels have brought pride and Whereas the Tiananmen Square Massacre honor to the State of Nevada: Now, there- DAV organized a nationwide transpor- has become indelibly etched into the politi- fore, be it tation program to help sick and dis- cal consciousness of our times as a symbol Resolved, That the Senate— abled veterans receive the essential both of the impossibility of forever denying (1) commends the University of Nevada Las medical care they so desperately need. a determined people the right to control Vegas for winning the 1998 National Colle- From the time of its inception to the their own destiny and of the oppressiveness giate Athletic Association Division I men’s present, DAV will have donated 750 and brutality of governments that seek to do collegiate national golf championship; vans in support of this program. so: Now, therefore, be it (2) commends Chris Berry, for his second In my state of West Virginia, thou- Resolved, That, in the interest of express- place individual finish at the National Colle- ing support for the observance of human, giate Athletic Association golf champion- sands of veterans live in rural areas, civil, and political rights in China and ship; miles from the nearest VA medical around the world, it is the sense of the Sen- (3) recognizes the achievements of all the center, and often in areas with no pub- ate that— players, coaches, and staff who were instru- lic transportation. So I am acutely (1) the United States Government should mental in helping the University of Nevada aware of how veterans not only in West remain committed to honoring the memory Las Vegas win the 1998 National Collegiate Virginia, but from coast to coast, rely and spirit of the brave citizens of China who Athletic Association Division I men’s colle- on the DAV transportation program to suffered and died in Tiananmen Square on giate national golf championship and invites receive essential medical care. I am June 4, 1989 for attempting to assert their them to the Capitol to be honored in an ap- internationally-recognized rights; and propriate manner to be determined; proud to have worked with DAV to help (2) supporting the peaceful transition to (4) requests that the President recognize foster this program. democratic governance and the observance the accomplishments and achievements of I ask all of my colleagues to join us of internationally-recognized human, civil, the 1998 University of Nevada Las Vegas in supporting legislation to authorize and political rights and the rule of law in Rebels golf team and invite the team to use of the Capitol Grounds for this re- China should be a principal goal of United Washington, D.C. for the traditional White markable event. And I, along with Sen- States foreign policy. House ceremony held for national champion- ators SPECTER, LOTT, and DASCHLE, SEC. 2. The Secretary of the Senate shall ship teams; and commend DAV for their donation and transmit a copy of this resolution to the (5) directs the Secretary of the Senate to President. make available enrolled copies of this resolu- work on behalf of our Nation’s veter- f tion to the University of Nevada Las Vegas ans. for appropriate display and to transmit an Ms. COLLINS. I ask unanimous con- COMMENDING THE UNIVERSITY OF enrolled copy to each member of the 1998 sent the concurrent resolution be NEVADA LAS VEGAS COLLE- University of Nevada Las Vegas National agreed to, the motion to reconsider be GIATE GOLF TEAM ON THEIR Collegiate Athletic Association Division I laid upon the table, and that any state- NCAA CHAMPIONSHIP men’s collegiate national championship golf ments related to the concurrent resolu- team. Ms. COLLINS. I now ask unanimous tion be printed in the RECORD at the f consent the Senate proceed to the im- appropriate place as if read. mediate consideration of Senate Reso- RECOGNIZING DISABLED The PRESIDING OFFICER. Without lution 243 submitted earlier today by AMERICAN VETERANS objection, it is so ordered. The concurrent resolution (S. Con. Senators BRYAN and REID. Ms. COLLINS. Mr. President, I now Res. 102) reads as follows: The PRESIDING OFFICER. The ask unanimous consent the Senate pro- clerk will report. ceed to the immediate consideration of S. CON. RES. 102 The assistant legislative clerk read Senate Concurrent Resolution 102, in- Resolved by the Senate (the House of Rep- as follows: troduced earlier today by Senator resentatives concurring), A resolution (S. Res. 243) to commend and SECTION 1. USE OF CAPITOL GROUNDS FOR DIS- ROCKEFELLER and others. ABLED AMERICAN VETERANS congratulate the University of Nevada Las The PRESIDING OFFICER. The EVENT. Vegas men’s golf team on winning the team’s clerk will report. Disabled American Veterans shall be per- first National Collegiate Athletic Associa- The assistant legislative clerk read mitted to sponsor a public event on the West tion Championship. as follows: Front Lawn of the Capitol on June 16 and 17, The PRESIDING OFFICER. Is there A concurrent resolution (S. Con. Res. 102) 1998, or on such other dates as the Speaker of objection to the immediate consider- recognizing disabled American veterans. the House of Representatives and the Com- ation of the resolution? The PRESIDING OFFICER. Is there mittee on Rules and Administration of the Senate may jointly designate, in order an- There being no objection, the Senate objection to the immediate consider- proceeded to consider the resolution. nounce the donation of 147 vans to the De- ation of the concurrent resolution? partment of Veterans Affairs by Disabled Ms. COLLINS. I ask unanimous con- There being no objection, the Senate American Veterans. sent that the resolution be agreed to, proceeded to consider the concurrent SEC. 2. TERMS AND CONDITIONS. the preamble be agreed to, the motion resolution. (a) IN GENERAL.—The event authorized by to reconsider be laid upon the table. Mr. ROCKEFELLER. Mr. President, section 1 shall be free of admission charge to The PRESIDING OFFICER. Without as the Ranking Member of the Senate the public and arranged not to interfere with objection, it is so ordered. Committee on Veterans’ Affairs, I, the needs of Congress, under conditions to be The resolution (S. Res. 243) was along with Senators SPECTER, LOTT, prescribed by the Architect of the Capitol agreed to. and DASCHLE submit a Senate Concur- and the Capitol Police Board. The preamble was agreed to. rent Resolution that will allow the Dis- (b) EXPENSES AND LIABILITIES.—Disabled The resolution, with its preamble, American Veterans shall assume full respon- abled American Veterans to sponsor an sibility for all expenses and liabilities inci- reads as follows: event on the U.S. Capitol grounds on dent to all activities associated with the S. RES. 243 June 16 and 17, 1998, during which they event. Whereas the University of Nevada Las will donate 147 transportation vans to SEC. 3. EVENT PREPARATIONS. Vegas Rebels men’s golf team shot four the Department of Veterans Affairs. (a) STRUCTURES AND EQUIPMENT.—Subject rounds of golf at a total of 1118 strokes for a Senator SPECTER, Chairman of the to the approval of the Architect of the Cap- total of 34 under par, to beat the second Committee on Veterans’ Affairs, and I itol, Disabled American Veterans may erect place Clemson Tigers by three strokes; were asked to help coordinate this upon the Capitol Grounds such stage, sound Whereas this score of 34 under par set a unique event, and we are grateful for amplification devices, and other related tournament record by 11 strokes; the support of the Leadership on both structures and equipment as may be required Whereas Chris Berry shot a total of 272 for the event authorized by section 1. sides of the aisle. As my colleagues are strokes for 16 under par to finish second in (b) ADDITIONAL ARRANGEMENTS.—The Ar- individual competition, to help ensure the aware, Senator SPECTER is unable to be chitect of the Capitol and the Capitol Police championship for the Rebels; here today due to recent surgery. Board are authorized to make any such addi- Whereas the University of Nevada Las Mr. President, the Disabled American tional arrangements as may be required to Vegas men’s collegiate golf team has dis- Veterans (DAV) was chartered by the carry out the event, including arrangements June 4, 1998 CONGRESSIONAL RECORD — SENATE S5663 to limit access to First Street Northwest and minutes; Senator CLELAND for 10 min- votes ordered with respect to the to- First Street Southwest as required for the utes; Senator WELLSTONE for 15 min- bacco bill during tomorrow’s session event. utes. will be postponed to occur at a later SEC. 4. ENFORCEMENT OF RESTRICTIONS. The PRESIDING OFFICER. Without date. The Capitol Police Board shall provide for enforcement of the restrictions contained in objection, it is so ordered. As always, Members will be notified section 4 of the Act of July 31, 1946 (40 U.S.C. Ms. COLLINS. Mr. President, I fur- of the voting schedule next week as 193d; 60 Stat. 718), concerning sales, displays, ther ask that following morning busi- soon as it becomes available. and solicitations on the Capitol Grounds, as ness the Senate resume consideration f well as other restrictions applicable to the of the Coverdell amendment No. 2451 Capitol Grounds, with respect to the event pending to the tobacco legislation. ADJOURNMENT UNTIL 9:30 A.M. authorized by section 1. The PRESIDING OFFICER. Without TOMORROW SEC. 5. PHOTOGRAPHS. objection, it is so ordered. The event authorized by section 1 may be f Ms. COLLINS. Mr. President, if there conducted only after the Architect of the is no further business to come before Capitol and the Capitol Police Board enter PROGRAM into an agreement with Disabled American the Senate, I now ask unanimous con- Veterans and the manufacturer of the vans Ms. COLLINS. Mr. President, for the sent the Senate stand in adjournment referred to in section 1 that prohibits Dis- information of all Senators, when the under the previous order. abled American Veterans and such manufac- Senate reconvenes tomorrow at 9:30 There being no objection, the Senate, turer from using any photograph taken at a.m., there will be a period of morning at 7:45 p.m., adjourned until Friday, the event for a commercial purpose. The business until 10:30 a.m. Following June 5, 1998, at 9:30 a.m. agreement shall provide for financial pen- alties to be imposed if any photograph is morning business, the Senate will re- f used in violation of this section. sume consideration of S. 1415, the to- f bacco legislation, with several amend- NOMINATIONS ments still pending. It is hoped that ORDERS FOR FRIDAY, JUNE 5, 1998 short time agreements can be reached Executive nominations received by Ms. COLLINS. Mr. President, I ask on these amendments so that remain- the Senate June 4, 1998: unanimous consent that when the Sen- ing amendments to this important bill THE JUDICIARY ate completes its business today it may be offered and debated. YVETTE KANE, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF stand in adjournment until 9:30 a.m. on As a reminder to all Members, a clo- PENNSYLVANIA, VICE EDWIN M. KOSIK, RETIRED. Friday, June 5. I further ask that on ture motion was filed by the minority JAMES M. MUNLEY, OF PENNSYLVANIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE MIDDLE DISTRICT OF Friday, immediately following the leader to the tobacco committee sub- PENNSYLVANIA VICE WILLIAM W. CALDWELL, RETIRED. prayer, the routine requests through stitute. Under rule XXII, Senators have THOMAS J. WHELAN, OF CALIFORNIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT the morning hour be granted, and the until 1 p.m. on Friday to file first-de- OF CALIFORNIA VICE JOHN S. RHOADES, SR., RETIRED. Senate then begin a period of morning gree amendments to the modified to- DEPARTMENT OF STATE business until 10:30 a.m. with Senators bacco committee substitute. The lead- EDWARD L. ROMERO, OF NEW MEXICO, TO SERVE CON- permitted to speak for up to 5 minutes er has announced there will be no roll- CURRENTLY AND WITHOUT ADDITIONAL COMPENSATION each, with the following exceptions: call votes during Friday’s session. AS AMBASSADOR EXTRAORDINARY AND PLENI- POTENTIARY OF THE UNITED STATES OF AMERICA TO Senator SMITH of New Hampshire for 30 Therefore, the cloture vote and any ANDORRA.