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

Vol. 143 WASHINGTON, TUESDAY, JUNE 10, 1997 No. 80 House of Representatives The House met at 10:30 a.m. and was to put matters in historical perspec- clearly evidences that this is not a Re- called to order by the Speaker pro tem- tive. Puerto Rico became a territory of publican or a Democratic issue. This is pore [Mr. YOUNG of Florida]. the United States in 1898 pursuant to not a liberal or a conservative issue. f the Treaty of Paris following the Span- This is not a majority or minority ish-American War. U.S. citizenship was issue. The issue here is whether the DESIGNATION OF SPEAKER PRO extended to Puerto Ricans in 1917 United States, as a nation and as an TEMPORE under the Jones Act. example and inspiration of democracy The SPEAKER pro tempore laid be- Then, in 1950, the U.S. Congress throughout the world, can continue to fore the House the following commu- passed the Puerto Rico Federal Rela- deny equality and maintain 3.8 million nication from the Speaker: tions Act which authorized Puerto of its own citizens disenfranchised. WASHINGTON, DC, Rico to establish a local self-govern- After 100 years, our Nation has fi- June 10, 1997. ment in the image of State govern- nally begun to recognize that its colo- I hereby designate the Honorable C.W. BILL ments. The intent was to create a pro- nial relationship with Puerto Rico is YOUNG to act as Speaker pro tempore on this visional form of local self-rule until unsustainable. On June 6, 1997, the day. the status issue could be resolved. NEWT GINGRICH, Washington Post published an editorial Speaker of the House of Representatives. Puerto Rico would remain an unincor- entitled ‘‘An Obligation of Equality’’ f porated territory of the United States that evidences the growing concern na- subject to the authority and plenary tionwide regarding the disenfranchise- MORNING HOUR DEBATES powers of Congress under the terri- ment of the U.S. citizens of Puerto The SPEAKER pro tempore. Pursu- torial clause of the Constitution. Rico. ant to the order of the House of Janu- Puerto Rico and the United States In addressing Congress’ long overdue ary 21, 1997, the Chair will now recog- are immersed in a colonial relationship role in this issue, the editorial men- nize Members from lists submitted by that clearly contradicts the most basic tioned a referendum next year giving the majority and minority leaders for tenets of democracy. One in which the territory’s nearly 4 million resi- morning hour debates. The Chair will Puerto Rico’s economic, social and po- dents a once and for all choice over its alternate recognition between the par- litical affairs are, to a large degree, relationship with the United States. ties, with each party limited to not to controlled and influenced by a govern- The key moment came a few weeks ago exceed 30 minutes, and each Member ment over which we exercise no control when the House Committee on Re- except the majority and minority lead- and in which we do not participate sources approved 44 to 1 a bill from the er limited to not to exceed 5 minutes. fully. A relationship that, ironic as it gentleman from Alaska, DON YOUNG, The Chair recognizes the gentleman may seem, will not even allow me to chairman of the committee, allowing from Puerto Rico [Mr. ROMERO- vote in favor of this historic bill on Puerto Ricans to decide the future of BARCELO´ ] for 5 minutes. final passage when it reaches the floor, their island. The old question is being f although I represent 3.8 million citi- brought to a new boil by the approach zens residing in Puerto Rico. of the centennial of the Spanish-Amer- COLONIAL RELATIONSHIP WITH Fellow Members, this relationship is ican War. PUERTO RICO IS UNSUSTAINABLE no longer in the best interests of the The gentleman from Alaska said in ´ Mr. ROMERO-BARCELO. Mr. Speak- Nation and the constituents that we May when his bill was passed in the er, as Puerto Rico’s sole Representa- represent here in Congress, and it cer- committee: tive in the U.S. Congress, I rise today tainly and clearly is not in the best in- It is time for Congress to permit democ- in strong support of H.R. 856, the Unit- terests of the 3.8 million citizens of racy to fully develop in Puerto Rico, either ed States Puerto Rico Status Act. Puerto Rico. as a separate sovereign republic or as a Already 856 is a truly historic piece Congress not only has the power but State, if a majority of the people are no of legislation that will allow the 3.8 also the moral obligation to put an end longer content to continue the existing com- million U.S. citizens’ residing in Puer- to the disenfranchisement of the 3.8 monwealth structure for local self-govern- to Rico to exercise their inalienable million U.S. citizens residing in Puerto ment. right to self-determination and to re- Rico. H.R. 856, with its broad biparti- Its supporters tried hard in commit- solve once and for all their 100-year-old san support of nearly 90 cosponsors, in- tee to sweeten the defense of common- colonial dilemma. cluding the gentleman from Georgia, wealth that would be put to referen- In order to understand the magnitude Speaker NEWT GINGRICH, and the gen- dum. For now, anyway, the island’s of this very important issue, we have tleman from Missouri Mr. GEPHARDT, statehood party is on a roll.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H3579 H3580 CONGRESSIONAL RECORD — HOUSE June 10, 1997 For Americans, but wait a minute. shall apply ‘‘to the same extent as Federal something not first consecrated? Who Puerto Ricans are already Americans. law requires throughout the United States.’’ then consecrated the flag? When was it The issue for all of us is that they are Tough issues of taxes and benefits must also done? citizens without political rights, in- be calculated. ‘‘Sacred’’ beliefs are those reserved For Americans. . . . But wait a minute. for a religious or Godly nature, ‘‘To set cluding a vote in Congress. This is the Puerto Ricans are already Americans. The anomaly the proposed referendum sys- issue for all of us is that they are citizens apart for the worship of a deity. To tem proposed to remedy. Whatever the without full political rights, including a vote make holy.’’ Does this amendment Puerto Rican choice, we continental in Congress. This is the anomaly the pro- mean we now concede the flag is a reli- Americans have an obligation of equal- posed referendum is meant to remedy. What- gious symbol? Will this amendment, if ity to our fellow citizens on the island. ever the Puerto Rican choice, we continental passed, essentially deify the State? And that is the end of testimony Americans have an obligation to equality to There are some, I am sure, who would from an editorial in the Washington our fellow citizens on the island. like to equate the State with God. The Post. f State’s assumption of parental rights is already a deep concern to many H.R. 856 is the most comprehensive FLAG BURNING AMENDMENT measure affecting self-determination of Americans. Will this encourage more a U.S. territory since the Alaska and The SPEAKER pro tempore. Under people to accept the State as our God? Hawaii Admission Acts of the late the Speaker’s announced policy of Jan- We imply by this amendment that the 1950’s. uary 21, 1997, the gentleman from State is elevated to a religion, a dan- I cannot emphasize the importance of Texas [Mr. PAUL] is recognized during gerous notion and one the founders this bill not only for the 3.8 million morning hour debates for 5 minutes. feared. Calling flag burning blas- U.S. citizens of Puerto Rico but for the Mr. PAUL. Mr. Speaker, the Congress phemous is something we should do Nation as a whole. The time has come will soon vote on a flag burning amend- with great caution. to empower the people by giving them ment to the Constitution. This issue Will it not be ironic if the flag is clear choices which they understand arouses great emotions, even without made sacred and we write laws against and which are truly decolonizing so we any evidence flag burning is a problem. its desecration at the same time we can reveal the people of Puerto Rico’s When was the last time we heard of a continue to steal taxpayers’ money to true desire through a legitimate act of significant incident involving flag fund the National Endowment for the self-determination. burning? It is a nonissue, but Congress Arts, which truly desecrates Christ and Let us comply with the call history has managed to make it one while all of Christianity in the name of free is making upon us. Let us give our fel- avoiding the serious matters of life, speech? low citizens an opportunity in the liberty, and property. The flag, indeed, is a loved patriotic name of freedom. As Congress makes plans to attack symbol of American pride and freedom. Mr. Speaker, I include for the the flag enemies, it stubbornly refuses Many of us, I for 5 years, served our RECORD the editorial from the Wash- to consider seriously the Doctrine of country in the military fighting for the ington Post to which I referred. Enumerated Powers, property rights, principles of liberty, but not for the [From the Washington Post, June 6, 1997] political propaganda from a govern- physical cloth of which the flag is woven. AN OBLIGATION OF EQUALITY ment-run educational system, tax- payers’ paid-for NEA sacrilege, licens- There is confusion between the popu- Americans don’t have long to get accus- lar symbol and the real stuff, and in tomed to the possibility that they may soon ing of all broadcast networks, or tax- be considering admitting Puerto Rico as the payers’ financing of monopolistic polit- the process of protecting our symbols 51st state. This outcome arises from the fact ical parties, let alone the budget, the we are about to undermine the real that, largely unattended, Congress is head- debt, the deficit, honest money, polic- stuff: liberty. The whole notion of leg- ing toward organizing a referendum next ing the world and the entire welfare islating against desecration is vague year giving the territory’s nearly 4 million and undefinable. Burning can be easily residents a ‘‘once and for all’’ choice of its state. Will the country actually be im- identified, but should it not matter relationship to the United States. The key who paid for the flag? And are there no proved with this amendment? Will true moment came a few week ago, when the owners of the particular flag involved? House Resources Committee approved 44 to 1 patriotism thus thrive as the mal- a bill from Chairman Don Young (R-Alaska) Are all flags to be communal property? contents are legislated into submis- If we pretend flags are universally allowing Puerto Ricans to decide the future sion? Do we improve the character of of their island. This old question is being owned, that means we can use them angry people because we threaten them randomly. If there is no individual brought to a new boil by the approach of the with a prison cell better occupied by a centennial of the Spanish-American War, in ownership, how can one buy or sell a which the United States acquired bits of rapist? flag? Should it not be a concern as to global empire. To many people, 100 years of This whole process fails to address where the flag is burned and on whose American sovereignty over a territory de- the anger that prompts such misguided property? With this legislation, the nied full rights is enough. behavior as flag burning. We have a flag will lose its identity as property The proposed referendum offers voters a government growing by leaps and and become a holy government symbol choice among statehood, independence and bounds, our citizens are fearful of the the existing ‘‘commonwealth.’’ Common- not to be desecrated. These are dif- future and we respond by creating the ficult questions but they must be an- wealth, however, enters the contest under a underwear police. Surely flag under- double burden. It has been tried over the dec- swered. ades and found wanting by many, and it is wear will be deemed a desecration. Whatever happened to the notion now widely seen as anachronistically ‘‘colo- Why is dealing with a symptom of that freedom to express unpopular, nial,’’ even though it was a status volun- anger and frustration by suppressing even obnoxious views, including Marx- tarily chosen and repeatedly affirmed. Chair- free expression a moral good? ist views, was the purpose of guaran- man Young said in May, when his bill was The best I can tell is legislative pro- teeing freedom of expression? Of what passed in committee: ‘‘It is time for Congress posals like this come from Congress’ value is protection of only popular and to permit democracy to fully develop in basic assumption that it can legislate majority-approved opinions? That is a Puerto Rico, either as a separate sovereign economic equality and mold personal republic or as a state if a majority of the mockery of liberty. Soviet citizens had people are no longer content to continue the behavior. The reasoning goes; if Con- that much freedom. Remember, dis- existing commonwealth structure for local gress thinks it can achieve these goals, sidents who burned the Soviet flag self-government.’’ Its supporters tried hard why not legislate respect and patriot- were shot. in committee to sweeten the definition of ism, even if it does undermine freedom A national flag police can only exist commonwealth that would be put to referen- of expression and property ownership. in a totalitarian state. We should have dum. They failed. For now, anyway, the is- Desecration is defined as: ‘‘To divest none of it. Why not police the burning land’s statehood party is on a roll. of a sacred character or office, commit of the Constitution, the Declaration of For Puerto Ricans, the status question bears deeply on identity as well as practical sacrilege or blasphemy or to Independence, the Emancipation Proc- benefit. Closely related is the issue of lan- deconsecrate.’’ If consecrate is ‘‘to lamation? These acts, expressing a rad- guage; the committee declared that Eng- make sacred; such as a church or bread ical fringe view, would be as equally re- lish—a minority language in Puerto Rico— or wine’’, how can we deconsecrate pugnant. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3581 INTRODUCTION tion that it can legislate economic equality and now feels compelled to police intentions, espe- The Congress will soon vote on a flag burn- mold personal behavior. The reasoning goes; cially if seen as unpopular. ing amendment to the Constitution. This issue if Congress thinks it can achieve these goals, Whatever happened to the notion that free- arouses great emotions even without any evi- why not legislate respect and patriotism even dom to express unpopular, even obnoxious dence flag burning is a problem. When was if it does undermine freedom of expression views, including Marxist ideas was the pur- the last time we heard of a significant incident and property ownership? pose of guaranteeing freedom of expression. involving flag burning? It's a nonissue but DESECRATION Of what value is protection of only popular and Congress has managed to make it one while Desecration is defined as: ``To divest of a majority-approved opinions? that's a mockery avoiding the serious matters of life, liberty, and sacred character or office, commit sacrilege or of liberty. Soviet citizens had that much free- property. blasphemy or de-(con)secrate.'' If consecrate dom. Remember, dissidents who burned the There just is no flag desecration crisis. is ``to make sacred; such as a church or bread Soviet flag were shot. A national flag police Where are the demonstrators, where are the and wine,'' how can we ``de-consecrate'' can only exist in a totalitarian state. We should letters? Will this only lead to more discredit on something not first ``consecrated?'' Who then have none of it. Congress? Only 6 percent of the American consecrated the flag? When was it done? ``Sa- Why not police the burning of the Constitu- people trust anything they hear from the Fed- cred beliefs are those reserved for a religious tion, the Declaration of Independence, the eral Government so why should they believe or Godly nature, i.e., to set apart for the wor- Emancipation Proclamation? These acts, ex- there is a flag crisis requiring an adjustment to ship of a deity. To make holy.'' Does this pressing a radical fringe view, would be as the Bill of Rights for the first time in our his- amendment mean we now concede the flag is equally repugnant, and a case could be made tory. Since most of what Congress does, leads a religious symbol? Will this amendment if they might be even more threatening because to unintended consequences, why do we feel passed essentially deify the state? their attack would be precise and aimed at the compelled to solve imaginary problems? There are some, I'm sure, who would like to heart of American liberty. The answer is the The American people are way ahead of the equate the state with God. The state's as- political mileage is with the flag and tough luck U.S. Congress and their distrust is a healthy sumption of parental rights is already a deep to those who have principled opposition. But no one should ever squirm or weasel sign the Republic will survive in spite of all our concern to many Americans. Will this encour- good deeds and noble gestures. And that's out of the right vote, even if threatened with age more people to accept the state as our good. possible negative political fallout. God? We imply by this amendment that the What sense of insecurity requires such a f public display to reassure ourselves we are state is elevated to a religionÐa dangerous patriots of the highest caliber, confident notion and one the Founders feared. Calling FEDERAL AVIATION ADMINISTRA- enough to take on the flag burning move- flag burning blasphemous is something we TION IS AGENCY IN DISARRAY mentÐa movement yet to raise its ugly head. should do with great caution. The SPEAKER pro tempore. Under Won't it be ironic if the flag is made sa- Our political saviors will have us believe that the Speaker’s announced policy of Jan- credÐconsecratedÐand we write laws against our loyalty to America hinges on this lone uary 21, 1997, the gentleman from Flor- its desecration at the same time we continue amendment to the Constitution. ida [Mr. MICA] is recognized during As Congress makes plans to attack the flag to steal taxpayer's money to fund the National morning hour debates for 5 minutes. enemies, it stubbornly refuses to consider seri- Endowment for the Arts which truly desecrates Mr. MICA. Mr. Speaker, I am deeply ously: the Doctrine of Enumerated Powers, Christ and all of Christianity in the name of concerned that the Federal Aviation property rights, political propaganda from a free speech? I must repeat this question: Administration is an agency in dis- government run educational system, tax- Won't it be ironic if the flag is made sacred array, at best. In fact, at worst, it is an payer's paid-for NEA sacrilege, licensing of all and we write laws against its desecration at unpiloted craft without any direction. broadcast networks, or taxpayer's financing of the same time we continue to steal taxpayer's The primary mission of the Federal monopolistic political parties, let alone the money to fund the National Endowment for the Aviation Administration is to ensure budget, the debt, the deficit, honest money, Arts which desecrates Christ and all of Chris- airplane and passenger safety and secu- policing the world, and the entire welfare state. tianity in the name of free speech? rity. Last year, after the explosion of Pervasive bureaucratic government is all The flag indeed is a loved patriotic symbol TWA flight 800, FAA tightened security around us and now we're spending time on of American pride and freedom. Many of us, I at all U.S. airports. developing the next addition to the Federal po- for 5 years, have served our country in the Airports spent hundreds of millions lice forceÐthe flag police. Diverting attention military fighting for the principles of liberty, but of taxpayer dollars to change parking away from real problems toward a not for the physical cloth of which the flag is and cars were towed when vehicles pseudoproblem is not a new technique of poli- woven. were left unattended. Some of the har- ticians. There is confusion between the popular assment of the traveling public be- MOTIVATION symbol and the real stuff, and in the process came, in fact, absurd. Finally, after as- Political grandstanding is probably the great- of protecting our symbols we are about to un- surances that no immediate terrorist est motivation behind this movement to dermine the real stuffÐliberty. The whole no- attack was underway, FAA allowed our change the Constitution. It's thought to be tion of legislating against desecration is vague airports and the traveling public some easy to embarrass those who, on principle, and undefinable. Burning can be easily identi- more reasonable approaches to airport believe and interpret the first amendment dif- fied but shouldn't it matter who paid for the parking and passenger access. ferently. Those who vote eagerly for this flag? Are there no owners of the particular flag Now, months after nearly all evi- amendment do it with good intentions as they involved? Are all flags to be communal prop- dence points to a mechanical failure as laugh at the difficult position in which oppo- erty? If we pretend flags are universally the cause of TWA flight 800, FAA con- nents find themselves. owned, that means we can use them ran- tinues to harass the American travel- Will the country actually be improved with domly. If there is no individual ownership how ing public with several dumb and to- this amendment? Will true patriotism thus can one sell or buy a flag? Should it not be tally unproductive procedures. Regula- thrive as the malcontents are legislated into a concern as to where the flag is burned and tions still require that passengers are submission? Do we improve the character of on whose property? With this legislation the asked these questions: First, ‘‘Have angry people because we threaten them with flag will lose its identity as property and be- you packed your own luggage or bag?’’; a prison cell, better occupied by a rapist? come a holy government symbol not to be and second, ‘‘Has your baggage or lug- This whole process fails to address the desecrated? These are difficult questions but gage been in your possession at all anger that prompts such misguided behavior they must be answered. times?’’ as flag burning. We have a government grow- Will using a flag as underwear or as a Now, I ask what flaky half-baked ter- ing by leaps and bounds, our citizens are fear- beach towel or a handkerchief or flying it up- rorist or terrorist accomplice would ful of the future, and we respond by creating side down become a Federal crime? answer these questions legitimately? the underwear policeÐsurely, flag underwear The American Legion and the Veterans of Should a passenger honestly confess to will be deemed a desecration. Foreign Wars burn flags to dispose of them. this interrogation, they should be cau- Why is dealing with a symptom of anger This respectful ritual is distinguished from a tioned because they will be searched, and frustration by suppressing free expression hoodlum doing it only by the intent. Are we harassed, and subject to Gestapo-like a moral good? wise enough to define and legislate intent interrogation. The best I can tell is legislative proposals under all circumstances? Intent obviously im- Mr. Speaker, the loss of life as a re- like this come from Congress' basic assump- plies an expression of a view. So Congress sult of domestic air terrorism does not H3582 CONGRESSIONAL RECORD — HOUSE June 10, 1997 even rank as a cause of airline fatali- Despite the resounding silence from Action on this issue is pending in the ties, yet FAA spends untold resources the press and the White House on the Parliament, but the Haitian electoral enforcing, fining, and monitoring this current situation in our neighboring council is pushing forward for another outdated requirement. All this is done country Haiti, things are far from round of elections, no matter what, in spite of the fact that TWA flight 800 quiet. In fact, things are so bad that this coming weekend. The fact is that exploded due to a mechanical failure. the prime minister quit yesterday. each successive election in Haiti has b 1045 Over the past few weeks, we know disenfranchised and disenchanted ever Haitians have rioted in the streets of more of the Haitians voters, a point il- In addition to asking the unproduc- Port-Au-Prince and other towns. Inci- lustrated well in the single digit turn- tive questions I mentioned, ticket dents of assaults, rock throwing, and out in the last election in April, which, agents must see a photo ID. I submit general lawlessness have resulted in as I say, were fraudulent elections. that not since the fall of the former So- death, injury and damage. Yesterday, Yet, I understand less than 10 percent viet Union have American domestic as I said, things took a turn even for of the people turned out to protest that airline passengers or any passengers the worse when Prime Minister Rosny fact. been subject to similar photo ID re- Smarth submitted his citing, in fact, What, we ask, will another election quirements. the recent fraudulent elections. under a still darker black cloud do to Now, showing your photo ID at the Obviously, this is bad for democracy advance democracy in Haiti? At the ticket counter sure does a lot of good. because at this time it appears that very least, the American taxpayers Any fool could check in at a ticket only one major party is participating have a right to hear from the adminis- counter, pass their ticket on to an- in the elections, and that is not exactly tration that enough is enough and that other passenger, who would then board democratic, but it is also bad for re- their tax dollars will not go to assist the airplane. Now, if the passenger was form in Haiti, because with Prime Min- the Haitians to run another question- required to show a ticket, a name, and ister Rosny Smarth leaving, so goes able if not fraudulent election this photo ID as you boarded the airplane one of the few champions of the tough weekend. with your ticket coupon, that might but necessary economic program that Mr. Speaker, all is not quiet on the match the passengers with the ID’s we had envisioned for Haiti. Economic southern front. We know that. What we that they present. Here again, FAA reform is all but a thing of the past in do not know is when the White House makes airlines and passengers jump is going to tell us what is going on, through useless and needless hoops. Haiti anyway, and without economic reform there is absolutely no hope for when our troops are coming home, and Agents and airlines are fined if they whether or not that will be before the fail to comply. a Democratic future in Haiti. So through all of this upheaval, one ruinous Haiti policy that the White My response when I wrote the FAA, House has put forth puts us back where when I questioned and protested these interesting and frankly disturbing fact seems to have surfaced, and that is the we started more than 4 years and 3 bil- ridiculous regulations, are actually lion of the U.S. taxpayers’ dollars ago, dumber than the requirements FAA fact that the Haitian National Police have had to be supplemented with our sadly enough, with thousands of Hai- has mandated. Why not dedicate FAA tians now today who believe that a personnel, energy, and funding for real- military personnel to deal with basic law and order issues in that country. dangerous trip across the windward ly improving airline safety and secu- passage to Florida offers them more rity? We know the causes of almost As one diplomat quoted in a wire re- port recently, ‘‘It is clear the military hope than staying in Haiti. every fatal domestic airline crash with Is that a policy that we want to presence in Haiti is not just building certainty except for several cases, and back? Certainly not. I think it is time roads.’’ Our ‘‘road builders,’’ including the FAA knows them. for the White House to give us some ex- Special Forces, have been seen re- One is a problem with 737’s. These planation and to end the silence of sponding to the riots carrying on, models carry a tremendous number of what is really going on in that tragic doing the law and order business, ex- passengers. And there are two airline country where our friendly neighbors tensive activity in the areas of drug crashes, one in Pittsburgh and the are suffering. All is not quiet on the control, those types of things. other United, in Colorado, crashes be- southern front. Not only do these reports suggest cause of problems with their rudders f and their stabilization. FAA should be that our troops on the ground are out- paying attention to this problem. Even side of the range of the mission we un- DETROIT RED WINGS—STANLEY in spite of Vice President GORE’s an- derstood them to be on, which was road CUP CHAMPIONS nouncement in 1996, simulation train- building, but it also suggests that our The SPEAKER pro tempore. Under ing and retrofitting of 737’s could be ex- soldiers are at more risk than we have the Speaker’s announced policy of Jan- pedited rather than taking 2 years as been led to believe. I think it is time uary 21, 1997, the gentleman from now planned. Further research and re- for a little candor from the White Michigan [Mr. KNOLLENBERG] is recog- sources could be devoted to finding the House about what is going on. nized during morning hour debates for mechanical problems that downed TWA We asked the White House, what is 5 minutes. flight 800 and killed 229 people. going on? So far we have not heard Mr. KNOLLENBERG. Mr. Speaker, at After 10 years, FAA has blown bil- anything. Official silence reigns as well this very hour, thousands of Detroiters lions of dollars and still failed to up- on the topic of Haiti’s recent dis- are lining the streets of Woodward Ave- grade our outdated 1950’s air traffic appointing local assembly and Senate nue in Detroit to honor their Detroit controller system. And after numerous elections, which is the real reason be- Red Wings, the 1997 Stanley Cup cham- fatal crashes of imported commuter hind the Smarth resignation and what pions. After Saturday’s 2 to 1 victory planes, FAA has still not begun to should have been the starting point for over the Philadelphia Flyers, the Red crack down on these imported aircraft. the creation of a new judicial system Wings completed a 4 to 0 sweep to win Let us put the emphasis where it and permanent electoral council forum hockey’s hallowed crown, Lord Stan- should be. Let us get FAA together. in Haiti, which are mightily needed. ley’s Cup, the World champions of f Because without a judicial system, hockey. there is no hope for democracy in Haiti I was privileged to be at Joe Louis THINGS ARE NOT QUIET ON THE either. Arena on Saturday evening, and the at- SOUTHERN FRONT Because the electoral council has de- mosphere throughout the evening was The SPEAKER pro tempore [Mr. cided not to handle blank ballots prop- electric. After the final horn sounded YOUNG of Florida]. Under the Speaker’s erly, they have wrongly allowed some securing the cup victory, the standing announced policy of January 21, 1997, candidates, like the infamous Fourel room only crowd and fans everywhere the gentleman from Florida [Mr. GOSS] Celestin, to get past the finish line rejoiced. There was no other picture is recognized during morning hour de- when according to the law they did not that captured the victory better than bates for 5 minutes. win the election. So we now have peo- Red Wing Captain Steve Yzerman cir- Mr. GOSS. Mr. Speaker, is all quiet ple who did not win serving as senators cling the ice, holding the massive tro- on the southern front? No, not really. in Haiti. phy over his head, sharing the victory June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3583 with the screaming fans who have roughly one-third, are short changed ANNOUNCEMENT BY THE SPEAKER waited 42 years for this glorious mo- each year. These are our country’s The SPEAKER. The Chair desires to ment. homeless veterans. For many years, announce that pursuant to clause 4 of The town, Detroit, the community, the veterans’ share of Federal dollars rule I, the Speaker signed the following the State, were starved for a hockey targeted at our homeless population enrolled bill on Friday, June 6, 1997: title. They got it Saturday night. The has been in the single digits. This legis- most successful U.S.-based NHL fran- H.R. 1469, an act making emergency sup- lation would ensure a fair share for our plemental appropriations for recovery from chise in history had not sipped from veterans, requiring that at least 20 per- natural disasters, and for overseas peace- the cup since 1955. And after great sea- cent of these Federal dollars be spent keeping efforts, including those in Bosnia, sons in 1994, 1995, and 1996. All ended in on programs that primarily benefit for the fiscal year ending September 30, 1997, disappointing playoff defeats, the homeless veterans. and for other purposes. Wings fought off the demons and the Mr. Speaker, this legislation is en- f naysayers skating into hockey lore dorsed by the Vietnam Veterans of POLITICS AHEAD OF PEOPLE with Red Wing legends like Gordie America, the American Legion, the Howe, Terry Sawchuck, Ted Lindsey, Non-Commissioned Officers Associa- (Mr. GIBBONS asked and was given and many others. tion of the United States, and the permission to address the House for 1 Mr. Speaker, I came to Detroit in the Blind Veterans Association. I would minute and to revise and extend his re- late 1950’s, when the Red Wings were a ask my colleagues to cosponsor and marks.) dynasty and hockey was the local reli- support this legislation. Mr. GIBBONS. Mr. Speaker, in Janu- gion shared by everyone. They won ary of this year northern Nevada was f four Stanley Cup crowns during the ravaged by torrential rainstorms and 1950’s and the expectations were always RECESS devastating floods. In response to this great. This team and its fans have en- The SPEAKER pro tempore. Pursu- and other natural disasters, the House dured good times and bad times. For ant to clause 12 of rule I, the Chair de- and Senate passed legislation providing years in the mid 1980’s, when the Wings clares the House in recess until 12 noon vital disaster recovery aid, including were the worst in the league and, in today. over 25 million for Nevada alone. fact, in one season won only 17 games, Accordingly (at 10 o’clock and 58 But Mr. Speaker, President Clinton to the disappointment of the 1995 minutes a.m.), the House stood in re- vetoed this legislation yesterday. Why? finals, all that will be swept away cess until 12 noon. Because it contains bipartisan provi- today with the parade of victory. sions that will keep Government from f So congratulations go to Scotty Bow- shutting down as it did in 1995. Unfor- man, the coach, to Mike Illitch and b 1200 tunately, the President has put politics Jimmy Devallano for putting this team ahead of people. I am extremely dis- together. Congratulations, obviously, AFTER RECESS appointed, Mr. Speaker, that the Presi- to Steve Yzerman, the captain, to the The recess having expired, the House dent has mistakenly chosen partisan MVP Mike Vernon, to Brendan was called to order by the Speaker at politics in a time of such obvious and Shanahan, to the Russian five, and to 12 noon. genuine need for the people of Nevada all members of this great club for la- The Chaplain, Reverend James David and the rest of America. boring through the tough times. And Ford, D.D., offered the following pray- I urge my colleagues to quickly over- congratulations also to the Red Wings er: ride this veto. fans who stood behind their team We are grateful, O God, that You f through it all. Together, we have fi- point us to a world of justice and You nally done it. give us a vision of communities where PERSONAL INFORMATION PRIVACY With an international flare, unlike people are treated with respect and ACT many other teams, the Wings have mercy. We are also aware that You (Mr. KLECZKA asked and was given Americans, Canadians, European, and have created us with minds with which permission to address the House for 1 Russian players. Detroit, with all of to think, hearts with which to care, minute and to revise and extend his re- this group, has finally returned to and hands with which to work. So re- marks.) hockey’s ultimate peak. With the 42- mind us, O gracious God, that supplied Mr. KLECZKA. Mr. Speaker, last year climb filled with pitfalls and set- with Your revelation of the goals of week the gentleman from New Jersey backs, now it is finally over. It is time life, we would earnestly use the abili- [Mr. FRANKS] and I introduced H.R. for this team and our fans to enjoy the ties that You have given us so we are 1813, the Personal Information Privacy view, the Stanley Cup. But only for the good stewards of the resources of our Act, a bipartisan bill to safeguard indi- summer. Next season starts in Septem- land and faithful custodians of the re- vidual privacy. This legislation is a ber, and the Red Wings are for real. Mr. sponsibilities before us. In Your name, companion to the Feinstein-Grassley Speaker, it is not called Hockey Town we pray. Amen. bill, S. 600. The Kleczka-Franks bill USA for nothing. f will prevent credit bureaus, Depart- f ments of Motor Vehicles and other HOMELESS VETERANS THE JOURNAL commercial users, including those ASSISTANCE ACT The SPEAKER. The Chair has exam- using the Internet, from giving out So- The SPEAKER pro tempore. Under ined the Journal of the last day’s pro- cial Security numbers and other per- the Speaker’s announced policy of Jan- ceedings and announces to the House sonal information. uary 21, 1997, the gentleman from his approval thereof. A Social Security number alone gives Washington [Mr. METCALF] is recog- Pursuant to clause 1, rule I, the Jour- a criminal access to one’s medical, fi- nized during morning hour debates for nal stands approved. nancial, credit, and educational 1 minute. f records, as many of my constituents Mr. METCALF. Mr. Speaker, I am have found out the hard way. Thou- proud to announce that today I, along PLEDGE OF ALLEGIANCE sands of people are victimized every with the gentleman from Arizona, BOB The SPEAKER. Will the gentleman year by identity fraud. In the first 6 STUMP, have introduced H.R. 1754, the from Ohio [Mr. TRAFICANT] come for- months of this fiscal year, the Social Robert Stodola Homeless Veterans As- ward and lead the House in the Pledge Security Administration logged almost sistance Act. The plight of our Nation’s of Allegiance. 4,900 allegations of Social Security homeless has caught the attention of Mr. TRAFICANT led the Pledge of number fraud. That is up from about Congress, and many programs are Allegiance as follows: 2,400 in the entire fiscal year 1996. available to help move these people I pledge allegiance to the Flag of the I urge my colleagues to sign on as co- back into society. United States of America, and to the Repub- sponsors of the Personal Information Sadly, though, one of the largest ele- lic for which it stands, one nation under God, Privacy Act. We owe it to the citizens ments of the homeless population, indivisible, with liberty and justice for all. of this country to protect them from H3584 CONGRESSIONAL RECORD — HOUSE June 10, 1997 one of the fastest growing crimes in strong man regime being run in Haiti homes Saturday they had gathered the country. by former President Aristide, one that with purple- and gold-clad friends to f functions contrary to and does damage watch the LSU Tigers win the College to the embryonic democratic process World Series for the second consecu- PRESIDENT CLINTON PUTS POLI- the United States is supporting there tive year and for the fourth time in the TICS OVER PEOPLE ON FLOOD with so many United States tax dollars 1990’s. Along the way, LSU rewrote the RELIEF LEGISLATION and so much of our credibility. record books, hitting more home runs (Mr. CHABOT asked and was given International observers and Haitian than any other college team in history. permission to address the House for 1 political parties alike say that the Meanwhile the LSU women’s track minute.) April 6 elections were fraudulent. They and field team accomplished what Mr. CHABOT. Mr. Speaker, yesterday were rigged in favor of Aristide, a man many said could not be done, clinching President Clinton sent a callous mes- who today is sabotaging the economic an 11th consecutive national champion- sage to the flood-ravaged American reform process that is so desperately ship. The championship for the Lady families in the Midwest. Only minutes needed in Haiti, the poorest nation in Tigers continued the longest active after receiving the disaster relief bill this hemisphere. Worse still is the fact streak of national championships by from Capitol Hill, the President who that all the candidates who are not of any men’s or women’s program in Divi- likes to say that he feels our pain told Aristide’s Famille Lavalas Party are sion I sports. boycotting this Sunday’s elections be- thousands of flood victims that he was If you opened the Sunday paper here cause they are based on a flawed proc- going to veto the bill that would help in our Nation’s Capital this last week- ess, as well. end, there was an entire page with sto- them rebuild their homes and get on Mr. Speaker, I ask, where are those with their lives. ries about the two championships for colleagues today, those champions of LSU. Hard work by athletes and coach- Why did President Clinton veto the Aristide who rallied at the White legislation? Because the bill contained es on both LSU teams has produced House to support him when he was collegiate sports dynasties and has in- a provision that would stop him from President-in-exile? Will they be around forcing another Government shutdown. stilled pride in the hearts of Tiger to support democracy in Haiti, which is alumni across America. I join the citi- Let me repeat that. The President is what this is about, rather than restor- zens of Louisiana in saying congratula- withholding aid to thousands of flood ing a strong man? tions and thank you to Coach Skip victims so that he can reserve the right f to once again put thousands and thou- Bertman and his LSU men’s baseball sands of government employees out of IN FAVOR OF A CLEAN SPENDING team and to Coach Pat Henry and the work and bring the work of the Federal BILL women’s track and field team. Keep Government to a halt. (Ms. VELA´ ZQUEZ asked and was going, Tigers. Despite the fact that the President is given permission to address the House a master at spin, Mr. Speaker, I do not for 1 minute.) f think he is going to be able to spin this Ms. VELA´ ZQUEZ. Mr. Speaker, the one much. The American people are Republicans must stop playing politics H.R. 1822, THE STATE INFRASTRUC- going to see through this. It is politics with the lives of the flood victims of TURE BANKS FOR SCHOOLS ACT at its worst. Let us get the disaster re- North Dakota and Minnesota. Pass a OF 1997 lief to the people who truly need it. bill that is disaster relief, plain and (Mrs. TAUSCHER asked and was f simple. Amendments that have nothing given permission to address the House to do with disaster relief have no place for 1 minute.) THE ECONOMY in a bill designed to bring relief to peo- Mrs. TAUSCHER. Mr. Speaker, last (Mr. TRAFICANT asked and was ple in dire need. week I introduced House Resolution Mr. Speaker, I represent a district of given permission to address the House 1822, the State Infrastructure Banks hard-working people who live nearly for 1 minute and to revise and extend for Schools Act, along with 31 Members 2,000 miles from the Dakotas, people his remarks.) from both parties. This is a cost-effec- who now must deal with the so-called Mr. TRAFICANT. Mr. Speaker, if tive approach to help schools prepare immigrant and welfare reforms. My this economy is so great, why are our kids for the 21st century work- constituents are filled with compassion American workers losing their jobs? If place. for those struggling to fulfill the Amer- this economy is so great, why are We are all familiar with the esti- ican dream. Their hearts and minds go American workers going bankrupt in mated $112 billion tax dollar price tag out to those in need in the Dakotas and record numbers? If that is not enough to improve school infrastructure. But to massage your Dow Jones, check this Minnesota. My constituents are outraged that we now know that a direct correlation out: If this economy is so great, why do exists between the condition of school many families need three jobs just to the Republican Party would play poli- tics with people so desperately in need. facilities and the students’ achieve- pay their bills? ment. That is right, our kids’ grades Let us tell it like it is: When you Shame on them. Pass a clean bill and leave the politics at home. are affected by the condition of their hold this economy to your nosey, this schools. It is difficult to learn when the f economy does not smell so rosy. If roof is leaking or blackouts occur if there is any consolation to the Amer- CONGRATULATING THE LOUISIANA too many computers are turned on. ican workers, I never heard of anyone STATE UNIVERSITY MEN’S BASE- H.R. 1822 addresses these problems by in America committing suicide by BALL AND WOMEN’S TRACK AND funding State Infrastructure Banks, or jumping out of a basement window. FIELD TEAMS FOR WINNING NA- SIBS, for school construction. These I yield back all the propaganda on TIONAL CHAMPIONSHIPS banks provide maximum flexibility in this great economy. (Mr. MCCRERY asked and was given financing and minimal restrictions re- f permission to address the House for 1 garding project approval. As loans are minute and to revise and extend his re- repaid, banks could provide assistance UNDER THE HEADING: WHERE ARE marks.) to projects in other schools. Although THEY NOW? Mr. MCCRERY. Mr. Speaker, across this is an innovative approach, similar (Mr. GOSS asked and was given per- our Nation this past weekend millions programs have been used for Clean mission to address the House for 1 of Americans took part in the weekly Water Act infrastructure, making im- minute and to revise and extend his re- ritual of opening their Sunday morning provements more affordable and widely marks.) newspaper. For many folks, they first available. Mr. GOSS. Mr. Speaker, since I spoke turn to the sports page to get scores or Mr. Speaker, we need to educate our about Haiti at morning business early reports on their favorite teams. kids in a stable and supportive environ- today, I have seen still more evidence But this past Sunday Louisianans did ment. I urge my colleagues to cospon- to suggest that there is a de facto not need to check the papers. In their sor H.R. 1822. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3585 REMOVAL OF NAME OF MEMBER a gender gap, 70 percent of the Amer- this Act, under section 13 of the Federal AS COSPONSOR OF H.R. 1559 ican women favor linking trade and Power Act (16 U.S.C. 806). MFN. (c) REINSTATEMENT OF EXPIRED LICENSE.— Mrs. EMERSON. Mr. Speaker, I ask If the license for the project referred to in unanimous consent to remove my No matter whether we break it down subsection (a) has expired prior to the date name as a cosponsor from H.R. 1559. according to party affiliation, income, of enactment of this Act, the Commission The SPEAKER pro tempore (Mr. CAL- or age, the results are still the same: 60 shall reinstate the license effective as of the date of its expiration and extend the time re- VERT). Is there objection to the request to 70 percent favor demanding improve- ments in China’s human rights record quired for commencement of construction of of the gentlewoman from Missouri? the project as provided in subsection (a) for There was no objection. before renewing MFN. Republicans polled, 61 percent; Democrats, 73 per- not more than 3 consecutive 2-year periods, f the first of which shall commence on the cent. Of those earning $50,000 or more, date of such expiration. 63 percent favor human rights; 76 per- THE 1997 BUDGET The SPEAKER pro tempore. Pursu- cent of those earning less than $20,000 (Mr. BOB SCHAFFER of Colorado ant to the rule, the gentleman from favored human rights improvements. asked and was given permission to ad- Colorado [Mr. DAN SCHAEFER] and the The American people want the Con- dress the House for 1 minute and to re- gentleman from Texas [Mr. HALL] each gress to send a message about human vise and extend his remarks.) will control 20 minutes. rights. They want to send a message Mr. BOB SCHAFFER of Colorado. The Chair recognizes the gentleman about the Catholic priests, the Protes- Mr. Speaker, for 40 years Congress was from Colorado [Mr. DAN SCHAEFER]. tant pastors, the Buddhist monks, and in the hands of liberal Democrats who Mr. DAN SCHAEFER of Colorado. the Muslims being persecuted. I urge succeeded brilliantly in accomplishing Mr. Speaker, I yield myself 5 minutes. this Congress to send a message to the two things. First, they made abso- (Mr. DAN SCHAEFER of Colorado Chinese people. Vote to deny MFN. lutely sure that, come rain or shine, asked and was given permission to re- Government would keep getting bigger f vise and extend his remarks.) Mr. DAN SCHAEFER of Colorado. and bigger year after year. Second, ANNOUNCEMENT BY THE SPEAKER Mr. Speaker, under section 13 of the they made absolutely sure that, come PRO TEMPORE Federal Power Act, project construc- rain or shine, Government would take The SPEAKER pro tempore (Mr. CAL- tion must begin within 4 years of issu- more and more of your money year VERT). Pursuant to the provisions of ance of a license. If construction has after year. clause 5 of rule I, the Chair announces not begun by that time, the Federal For the great middle class, playing that he will postpone further proceed- Energy Regulatory Commission cannot by the rules and paying taxes, big gov- ings today on each motion to suspend extend the deadline and must termi- ernment liberalism soon became the the rules on which a recorded vote or nate that license. No. 1 obstacle standing in the way of the yeas and nays are ordered, or on H.R. 848 and H.R. 1184 provide for ex- their hopes and dreams. It is time for which the vote is objected to under tensions for the construction deadline change. It is hard to save for your fu- clause 4 of rule XV. if the sponsor pursues the commence- ture when Government pursues policies Such rollcall votes, if postponed, will ment of construction in good faith and that punish saving. It is hard to pass be taken after debate has been con- with due diligence. H.R. 1217 provides on the family farm or the family busi- cluded on all motions to suspend the additional time to complete construc- ness to your children when the Govern- rules but not before 2 p.m. today. tion of a project. ment hits you with a death tax that f These types of bills have not been the children are unable to pay. controversial in the past. The bills do EXTENDING DEADLINE FOR b 1215 not change the license requirements in AUSABLE HYDROELECTRIC any way and do not change environ- It is hard to believe in the American PROJECT IN NEW YORK mental standards but merely extend dream anymore when the Government Mr. DAN SCHAEFER of Colorado. construction deadlines. There is a time leaves future generations a legacy of Mr. Speaker, I move to suspend the in which we have to act, since con- more debt and higher taxes. rules and pass the bill (H.R. 848) to ex- struction deadlines for one project ex- Fortunately, Mr. Speaker, the 1997 tend the deadline under the Federal pired in February and the others expire budget finally puts an end to 40 years Power Act applicable to the construc- in the coming months. If Congress does of expanding Government and endless tion of the AuSable hydroelectric not act, the FERC will terminate the taxation. This Congress should stand project in New York, and for other pur- licenses, the project sponsors will lose squarely behind the balanced budget. poses. millions of dollars that they have in- f The Clerk read as follows: vested in these projects, and commu- THE AMERICAN PUBLIC OVER- H.R. 848 nities will lose the prospect of signifi- WHELMINGLY OPPOSED TO MFN Be it enacted by the Senate and House of Rep- cant job creation and added revenues. resentatives of the United States of America in I should also note that the bills in- (Mr. WOLF asked and was given per- Congress assembled, corporate the views of the Federal En- mission to address the House for 1 SECTION 1. EXTENSION OF DEADLINE. ergy Regulatory Commission. The En- minute and to revise and extend his re- (a) PROJECT NUMBERED 10836.—Notwith- ergy and Power Subcommittee solic- marks.) standing the time period specified in section ited the views of FERC, and the agency Mr. WOLF. Mr. Speaker, I rise today 13 of the Federal Power Act (16 U.S.C. 806) does not oppose any of the three bills to encourage all Members of this body that would otherwise apply to the Federal we have up today. to read the poll in today’s Wall Street Energy Regulatory Commission project I would like to briefly describe the Journal. numbered 10836–000NY, the Commission first of the bills, H.R. 848. It is a bill to By an overwhelming margin, 67 per- shall, at the request of the licensee for the extend the deadline for commencement cent of Americans polled by NBC News project, and after reasonable notice, in ac- cordance with the good faith, due diligence, of construction of a hydroelectric and the Wall Street Journal said that and public interest requirements of that sec- project in the State of New York. The the United States should demand im- tion and the Commission’s procedures under AuSable project is very important to provements in China’s human rights if that section, extend the time period during the village of Keeseville. The Prescott China wants to continue its current which the licensee is required to commence Mill hydropower project was the sym- trading status of MFN; 67 percent. the construction of the project, under the ex- bolic heart of the community and the Among men, the percentage who tension described in subsection (b), for not major employee in Keeseville from 1832 favor human rights improvement be- more than 3 consecutive 2-year periods. until the 1960’s. The demise of Prescott fore MFN was renewed was 63 percent. (b) EFFECTIVE DATE.—This subsection shall take effect on the date of the expiration of Mill in the 1960’s caused economic Among women, the percentage was a the extension of the period required for com- hardship in the village that can be felt staggering 70 percent. And I say re- mencement of construction of the project de- today. garding my side, we are concerned scribed in subsection (a) that the Commis- Redevelopment of the project will about the gender gap. If we want to see sion issued, prior to the date of enactment of provide a badly needed boost to an area H3586 CONGRESSIONAL RECORD — HOUSE June 10, 1997 that is going through some very hard The SPEAKER pro tempore. Is there thorizes the Federal Energy Regu- times. Jobs are important everywhere, objection to the request of the gen- latory Commission to extend the dead- we all know that, but especially in tleman from Colorado? line for commencement of construction Keeseville, whose unemployment is There was no objection. of the Bear Creek hydroelectric project nearly 18 percent. The Prescott Mill f in the State of Washington. project would permit the village to at- The reason for this legislation is the tract more businesses, provide 35 tem- EXTENDING DEADLINE FOR BEAR same as with other hydroelectric li- porary jobs during construction and 75 CREEK HYDROELECTRIC cense extension bills. The onset of in- permanent jobs. There is extensive sup- PROJECT IN WASHINGTON tense competition in the electric indus- port in the village of Keeseville for this Mr. DAN SCHAEFER of Colorado. try is driving utilities to lower their particular project. Mr. Speaker, I move to suspend the costs and avoid making long-term com- There is a need to act on H.R. 848 in rules and pass the bill (H.R. 1184) to ex- mitments. As hydroelectric projects a timely manner, since the construc- tend the deadline under the Federal are typically financed through long- tion deadline expired last February. Power Act for the construction of the term power sales contracts, it has been Mr. Speaker, I ask that Members sup- Bear Creek hydroelectric project in the difficult for many project developers to port H.R. 848 for the people in State of Washington, and for other pur- secure financing to construct licensed Keeseville, NY. poses, as amended. projects. Mr. Speaker, I reserve the balance of The Clerk read as follows: There is a need to act on this legisla- my time. H.R. 1184 tion in a very timely manner, since the Mr. HALL of Texas. Mr. Speaker, I construction deadline expired on De- yield myself such time as I may Be it enacted by the Senate and House of Rep- cember 9, 1997. I should note that H.R. consume. resentatives of the United States of America in 1184 does not ease the environmental (Mr. HALL of Texas asked and was Congress assembled, given permission to revise and extend SECTION 1. EXTENSION OF DEADLINE. requirements of the license but merely his remarks.) (a) IN GENERAL.—Notwithstanding the time extends the construction deadline. Mr. HALL of Texas. Mr. Speaker, as period specified in section 13 of the Federal H.R. 1184, as amended, also would re- the gentleman from Colorado has Power Act (16 U.S.C. 806) that would other- store a sentence in the Federal Power pointed out, H.R. 848 would authorize wise apply to Federal Energy Regulatory Act that was erroneously deleted by Commission project numbered 10371, the the General Accounting Office Act of FERC to extend the deadline for com- Commission may, upon the request of the mencement of construction of the 800- 1996. In the last Congress, both the Na- project licensee, in accordance with the good tional Defense Authorization Act and kilowatt AuSable project to be located faith, due diligence, and public interest re- in New York. quirements of that section and the Commis- the General Accounting Office Act pro- Mr. Speaker, FERC of course has the sion’s procedures under that section, extend vided for the deletion of the last sen- authority to extend the initial deadline the time period during which the licensee is tence of section 6 of the Federal Power but for no longer than 2 years. If addi- required to commence construction of the Act. The intent of both laws was to tional time is needed, Congress can project for not more than 3 consecutive 2- strike a requirement that the FERC enact legislation to extend that dead- year periods. would file all issued hydropower li- (b) APPLICABILITY.—The extension under line. censes with the General Accounting Of- subsection (a) shall take effect for the fice. I think I should also point out that it project upon the expiration of the extension, is not without warranted reason that issued by the Commission under section 13 of However, since the National Defense these hydroelectric projects are in need the Federal Power Act (16 U.S.C. 806), of the Authorization Act was enacted first, of license extensions. In the case of the period required for commencement of con- the General Accounting Office Act er- project in New York, it is very difficult struction of the project. roneously deleted the next-to-last sen- to find a sponsor to secure financing (c) REINSTATEMENT OF EXPIRED LICENSE.— tence of section 6 of the Federal Power until it has a power sales contract in If the license for the project referred to in Act which addressed the authority of subsection (a) has expired prior to the date hand. Generally a licensee cannot se- FERC to revoke hydropower licenses. of enactment of this Act, the Commission H.R. 1184 would restore this sentence to cure a contract until it has been grant- shall reinstate the license effective as of the ed a license. These circumstances date of its expiration and extend the time re- the Federal Power Act. make it critical for a construction li- quired for commencement of construction of The Federal Energy Regulatory Com- cense to be granted. the project as provided in subsection (a) for mission has no objection to this par- There is no one opposed to it. It is an not more than 3 consecutive 2-year periods, ticular legislation and I urge the sup- easy bill with no objection from FERC. the first of which shall commence on the port of 1184, as amended. I strongly urge my colleagues to join date of such expiration. Mr. Speaker, I reserve the balance of me in voting ‘‘yes’’ on H.R. 848. SEC. 2. REENACTMENT OF SENTENCE IN SEC- my time. Mr. HALL of Texas. Mr. Speaker, I TION 6. Mr. HALL of Texas. Mr. Speaker, I yield back the balance of my time. Section 6 of the Federal Power Act (16 yield myself such time as I may Mr. DAN SCHAEFER of Colorado. U.S.C. 799) is amended by adding the follow- consume. ing sentence (deleted by section 108(a) of the (Mr. HALL of Texas asked and was Mr. Speaker, I have no further requests General Accounting Office Act of 1996 (Public for time, and I yield back the balance Law 104–316)) at the end thereof: ‘‘Licenses given permission to revise and extend of my time. may be revoked only for the reasons and in his remarks.) The SPEAKER pro tempore. The the manner prescribed under the provisions Mr. HALL of Texas. Mr. Speaker, I question is on the motion offered by of this Act, and may be altered or surren- rise today in support of H.R. 1184, in- the gentleman from Colorado, Mr. DAN dered only upon mutual agreement between troduced by my colleague, the gen- SCHAEFER, that the House suspend the the licensee and the Commission after thirty tleman from Washington [Mr. rules and pass the bill, H.R. 848. days’ public notice.’’. METCALF]. The bill allows the Federal The question was taken; and (two- The SPEAKER pro tempore. Pursu- Energy Regulatory Commission to ex- thirds having voted in favor thereof) ant to the rule, the gentleman from tend the deadline under the Federal the rules were suspended and the bill Colorado, Mr. DAN SCHAEFER and the Power Act for the construction of the was passed. gentleman from Texas, Mr. HALL each Bear Creek hydroelectric project in A motion to reconsider was laid on will control 20 minutes. Washington State. the table. The Chair recognizes the gentleman I have had the pleasure of working GENERAL LEAVE from Colorado, Mr. DAN SCHAEFER. with the gentleman from Washington, Mr. DAN SCHAEFER of Colorado. Mr. DAN SCHAEFER of Colorado. a noted author and a very respected Mr. Speaker, I ask unanimous consent Mr. Speaker, I yield myself 5 minutes. Member of this Congress. I have sat in that all Members may have 5 legisla- (Mr. DAN SCHAEFER of Colorado on many financial meetings with him tive days within which to revise and asked and was given permission to re- and have the highest regard for him. extend their remarks and insert extra- vise and extend his remarks.) He has done a good job on H.R. 1184. It neous material on H.R. 848, the bill just Mr. DAN SCHAEFER of Colorado. allows FERC simply to extend the com- passed. Mr. Speaker, H.R. 1184, as amended, au- mencement of construction for the June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3587 project for not more than three con- GENERAL LEAVE project was initiated in a timely man- secutive 2-year periods. Mr. DAN SCHAEFER of Colorado. ner, and the project developer expended This extension bill faces no opposi- Mr. Speaker, I ask unanimous consent about 25 percent of total project cost, tion. In keeping with the practice of that all Members may have 5 legisla- which is $5.3 million. However, the de- granting license extensions, H.R. 1184 tive days within which to revise and veloper has been unable to secure fi- is a noncontroversial, easy yes vote, extend their remarks and insert extra- nancing to complete project construc- and I strongly urge my colleagues to neous material on H.R. 1184, the bill tion due to uncertainties in the elec- vote in favor of H.R. 1184. just passed. tric industry. Mr. Speaker, finally, I wish to thank H.R. 1217 extends the deadline for the The SPEAKER pro tempore. Is there the gentleman from Colorado, and I completion of construction until May objection to the request of the gen- certainly want to thank the gentleman 4, 2004. As is the case with others, the tleman from Colorado? from Washington for bringing this im- extension under the bill does not There was no objection. portant legislation to the floor. change or alter the environmental re- Mr. Speaker, I yield back the balance f quirements in any way. The Federal of my time. REMOVAL OF NAME OF MEMBER Energy Regulatory Commission has no Mr. DAN SCHAEFER of Colorado. AS COSPONSOR OF H.R. 1559 objection to this legislation. I would Mr. Speaker, I yield such time as he urge support of H.R. 1217. may consume to the gentleman from Mrs. LINDA SMITH of Washington. Mr. Speaker, I reserve the balance of Washington [Mr. METCALF]. Mr. Speaker, I request my name be re- my time. Mr. METCALF. Mr. Speaker, I would moved as cosponsor of H.R. 1559. Mr. HALL of Texas. Mr. Speaker, I like to take this opportunity to thank The SPEAKER pro tempore. Is there yield myself such time as I may the chairman, the gentleman from Vir- objection to the request of the gentle- consume. ginia, Mr. BLILEY, and the subcommit- woman from Washington? (Mr. Hall of Texas asked and was tee chairman, the gentleman from Col- There was no objection. given permission to revise and extend orado, Mr. DAN SCHAEFER, for consider- f his remarks.) ing the next two bills, H.R. 1184 and Mr. HALL of Texas. Mr. Speaker, I H.R. 1217, and I appreciate their will- EXTENDING DEADLINE FOR HY- rise today in support of H.R. 1217, ingness to work with me on renewing DROELECTRIC PROJECT IN which, like the previous bill, was intro- these projects. These are important WASHINGTON STATE duced by the gentleman from Washing- projects to my district. Mr. DAN SCHAEFER of Colorado. ton [Mr. METCALF], my good friend. The project is located in Skagit County and Mr. Speaker, I move to suspend the This bill is exactly like the previous will result in no new or increased budget au- rules and pass the bill (H.R. 1217) to ex- non-controversial hydroelectric project thority or tax expenditures or revenues. This tend the deadline under the Federal extension, but it is very important to facility has operated from 1906 to 1969 when Power Act for the construction of a hy- the gentleman from Washington [Mr. it ceased operation. FERC issued a construc- droelectric project located in the State METCALF] and is important to his dis- tion license in 1993 which will expire Decem- of Washington, and for other purposes. trict and his State. ber 10, 1997. This bill will extend the deadline The Clerk read as follows: As proven in the past, congressional for the commencement of construction for H.R. 1217 extension legislation has been non- three, 2-year periods. Such an extension is Be it enacted by the Senate and House of Rep- controversial and without opposition common on projects where construction has resentatives of the United States of America in from FERC. This practice holds true been delayed due to factors outside of the li- Congress assembled, with H.R. 1217. These are easy yes censee's control. For example, to date, con- SECTION 1. EXTENSION OF DEADLINE. votes, and I strongly urge my col- struction has not commenced because of a (a) IN GENERAL.—Notwithstanding the time leagues to join in supporting the gen- lack of a power purchase agreement to sup- period specified in section 13 of the Federal tleman from Washington [Mr. port project construction financing. As a result Power Act (16 U.S.C. 806) that would other- METCALF] in H.R. 1217. of destabilization of the electricity industry and wise apply to Federal Energy Regulatory Mr. DAN SCHAEFER of Colorado. spot prices and, therefore, a market condition Commission project numbered 10359, the Mr. Speaker, I yield myself such time such that no power sales contract can be exe- Commission shall, at the request of the as I may consume. project licensee, extend the time period dur- cuted. I would also like to congratulate the ing which the licensee is required to com- gentleman from Washington [Mr. The legislation provides for up to three con- plete construction of the project to May 4, METCALF] for his excellent work on secutive, 2-year extensions, instead of a 6- 2004. year extension, to assure that the licensee (b) REPORTS.—The licensee for the project these last two bills. I know it is very, must continue to meet the section 13 require- described in subsection (a) shall file with the very important to the State of Wash- ment that it prosecute each 2-year extension. Federal Energy Regulatory Commission, on ington, his district. If FERC determines the licensee is not acting December 31 of each year until construction Mr. METCALF. Mr. Speaker, the project is in good faith, it is expected that FERC will of the project is completed, a report on the located in Snohomish County and will result in refuse to grant a request for an extension for status of the project. no new or increased budget authority or tax an additional 2-year extension. The SPEAKER pro tempore. Pursu- expenditures or revenues. This facility has 25 This project has received no challenges and ant to the rule, the gentleman from percent of the total costÐ$5 millionÐalready has been determined environmentally sound Colorado, Mr. DAN SCHAEFER, and the invested in construction, and this legislation and nonthreatening by all applicable local, gentleman from Texas Mr. HALL, each will extend the time to complete construction State, and Federal agencies. The Bear Creek will control 20 minutes. for an additional 6 years from May 4, 1998, to facility is located entirely on private property. The Chair recognizes the gentleman May 4, 2004. Two of those years will be Mr. DAN SCHAEFER of Colorado. from Colorado Mr. DAN SCHAEFER. consumed by actual construction needed to Mr. Speaker, I have no further requests Mr. DAN SCHAEFER of Colorado. complete the project. for time, and I yield back the balance Mr. Speaker, I yield myself 5 minutes. This legislation will assure that the site is of my time. (Mr. DAN SCHAEFER of Colorado preserved for final construction. This is espe- The SPEAKER pro tempore. The asked and was given permission to re- cially important because construction has al- question is on the motion offered by vise and extend his remarks.) ready begun although a power sales agree- the gentleman from Colorado, Mr. DAN ment was not obtained. There is precedent for b 1230 SCHAEFER, that the House suspend the FERC to grant commencement extensions rules and pass the bill, H.R. 1184, as Mr. DAN SCHAEFER of Colorado. when construction has been delayed due to amended. Mr. Speaker, H.R. 1217 would direct the market conditions that are such that no power The question was taken; and (two- Federal Energy Regulatory Commis- sales contract can be executed. For example, thirds having voted in favor thereof) sion to extend the deadline for the to date, construction has commenced although the rules were suspended and the bill, completion of construction of the has been halted because of a lack of a power as amended, was passed. Youngs Creek hydroelectric project in purchase agreement to support project con- A motion to reconsider was laid on the State of Washington. The com- struction financing. As a result of destabiliza- the table. mencement of construction of this tion of the electricity industry and spot prices H3588 CONGRESSIONAL RECORD — HOUSE June 10, 1997 and, therefore, a market condition such that 106 and House Concurrent Resolution 290 de- Once Jerusalem was one city again, the no power sales contract can be executed. claring that Jerusalem, the capital of Israel, Israeli Government took important Again, the legislation provides for a 6-year ‘‘must remain an undivided city’’ and calling steps to guarantee freedom of religious on Israel and the Palestinians to undertake access, not only to the Jews who had construction extension. This is not an unrea- negotiations to resolve their differences; sonable request for a project already under Whereas Prime Minister Yitzhak Rabin of been denied their holy sites all those construction. This project has received no Israel later cited Senate Concurrent Resolu- years, but also for Christians and Mus- challenges and has been determined environ- tion 106 as having ‘‘helped our neighbors lims. With the reunification of the city mentally sound and nonthreatening by all ap- reach the negotiating table’’ to produce the under Israel’s jurisdiction, persons of plicable local, State, and Federal agencies. historic Declaration of Principles on Interim all religious faiths have been guaran- Mr. DAN SCHAEFER of Colorado. Self-Government Arrangements, signed in teed full access to their holy sites in Mr. Speaker, I yield back the balance Washington, D.C. on September 13, 1993; and Jerusalem. Whereas the Jerusalem Embassy Act of Congress, in its role as the represent- of my time. 1995 (Public Law 104–45), which became law The SPEAKER pro tempore. The on November 8, 1995, states as a matter of ative of the American people, has stat- question is on the motion offered by United States policy that Jerusalem should ed its support for Jerusalem as the cap- the gentleman from Colorado, Mr. DAN remain the undivided capital of Israel: Now, ital of Israel on numerous occasions. SCHAEFER, that the House suspend the therefore, be it We believe that Jerusalem must re- rules and pass the bill, H.R. 1217. Resolved by the House of Representatives (the main an undivided city forever. Indeed, The question was taken; and (two- Senate concurring), That the Congress— the landmark legislation which became (1) congratulates the residents of Jerusa- law in 1995, the Jerusalem Embassy Re- thirds having voted in favor thereof) lem and the people of Israel on the 30th anni- the rules were suspended and the bill versary of the reunification of that historic location Act, states these beliefs as a H.R. 1217 was passed. city; matter of U.S. policy. A motion to reconsider was laid on (2) strongly believes that Jerusalem must Mr. Speaker, House Concurrent Reso- the table. remain an undivided city in which the rights lution 60 congratulates the residents of f of every ethnic and religious group are pro- Jerusalem and the people of Israel on tected as they have been by Israel during the the 30th anniversary of the reunifica- GENERAL LEAVE past 30 years; tion of that historic city; reiterates the (3) calls upon the President and the Sec- Mr. DAN SCHAEFER of Colorado. retary of State to affirm publicly as a mat- belief that Jerusalem must remain an Mr. Speaker, I ask unanimous consent ter of United States policy that Jerusalem undivided city in which the rights of that all Members may have 5 legisla- must remain the undivided capital of the every ethnic and religious group are tive days within which to revise and State of Israel; and going to be protected as they have been extend their remarks and include ex- (4) urges United States officials to refrain by Israel during the past 30 years. It traneous material on H.R. 1217, the bill from any actions that contradict this policy. also calls upon the President and the just passed. The SPEAKER pro tempore. Pursu- Secretary of State to affirm publicly as The SPEAKER pro tempore. Is there ant to the rule, the gentleman from a matter of United States policy that objection to the request of the gen- New York [Mr. GILMAN] and the gen- Jerusalem must remain the undivided tleman from Colorado? tleman from Indiana [Mr. HAMILTON] capital of the State of Israel; and urges There was no objection. each will control 20 minutes. United States officials to refrain from f The Chair recognizes the gentleman any actions that contradict this policy. from New York [Mr. GILMAN]. Mr. Speaker, I urge my colleagues’ RELATING TO 30TH ANNIVERSARY Mr. GILMAN. Mr. Speaker, I yield strong support for this important OF REUNIFICATION OF THE CITY myself such time as I may consume. measure. OF JERUSALEM (Mr. Gilman asked and was given per- Mr. Speaker, I do not have any fur- Mr. GILMAN. Mr. Speaker, I move to mission to revise and extend his re- ther requests for statements. I would suspend the rules and agree to the con- marks.) like to thank the Speaker, the gen- current resolution (H. Con. Res. 60) re- Mr. GILMAN. Mr. Speaker, I rise in tleman from Georgia [Mr. GINGRICH], lating to the 30th anniversary of the strong support of House Concurrent for his special interest in this resolu- reunification of the city of Jerusalem. Resolution 60, legislation that I spon- tion, as well as the balance of the lead- The Clerk read as follows: sored with our colleague from New ership on both sides of the aisle for H. CON. RES. 60 York, Mr. SCHUMER, which commemo- their support of the resolution. Whereas for 3,000 years Jerusalem has been rates the 30th anniversary of the reuni- Mr. Speaker, I reserve the balance of the focal point of Jewish religious devotion; fication of Jerusalem. my time. Whereas Jerusalem today is also consid- I want to thank the gentleman from GENERAL LEAVE ered a holy city by members of the Christian New York [Mr. SCHUMER] for his leader- Mr. GILMAN. Mr. Speaker, I ask and Muslim faiths; ship on this issue and commend him for unanimous consent that all Members Whereas there has been a continuous Jew- his steadfast commitment to Israel and may have 5 legislative days within ish presence in Jerusalem for three millen- Jerusalem. I also want to commend our which to revise and extend their re- nia and a Jewish majority in the city since ranking minority member, the gen- the 1840’s; marks on House Concurrent Resolution Whereas the once thriving Jewish majority tleman from Indiana [Mr. HAMILTON], 60. of the historic Old City of Jerusalem was for his support of this legislation. The SPEAKER pro tempore. Is there driven out by force during the 1948 Arab-Is- The legislation before us today rein- objection to the request of the gen- raeli War; forces the strong relationship between tleman from New York? Whereas from 1948 to 1967 Jerusalem was a the American people and the nation of There was no objection. divided city and Israeli citizens of all faiths Israel. From Israel’s independence in Mr. GILMAN. Mr. Speaker, I yield as well as Jewish citizens of all states were 1948 until the miraculous reunification myself such time as I may consume. denied access to holy sites in the area con- of Jerusalem in 1967’s Six-Say War, Je- I would like to note that the legisla- trolled by Jordan; Whereas in 1967 Jerusalem was reunited by rusalem was a divided city and Israeli tive business on suspensions will be Israel during the conflict known as the Six citizens of all faiths, as well as Jewish concluded with the adoption of this Day War; citizens of all states, were denied ac- resolution and that any Members hav- Whereas since 1967 Jerusalem has been a cess to holy sites in the area, which ing amendments with regard to the united city, and persons of all religious was controlled by Jordan. The once State Department authorization meas- faiths have been guaranteed full access to thriving Jewish majority of the his- ure are urged to come to the floor at holy sites within the city; toric Old City of Jerusalem was driven this time. Whereas this year marks the 30th year that out by force in 1948, not to return again Mr. HAMILTON. Mr. Speaker, I yield Jerusalem has been administered as a uni- fied city in which the rights of all faiths for 19 long years. myself such time as I may consume. have been respected and protected; Despite the more than 3,000 years of I am going to rise in opposition to Whereas in 1990 the United States Senate Jewish residency in Jerusalem, Jews House Concurrent Resolution 60 relat- and House of Representatives overwhelm- were once again cast out from King Da- ing to the 30th anniversary of the re- ingly adopted Senate Concurrent Resolution vid’s capital by overwhelming force. unification of the city of Israel. I do so June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3589 reluctantly because I support the unity build confidence among the parties in Mr. Speaker, just 30 years ago, Jeru- of the city of Jerusalem. I also value any proposed solution of the Jerusalem salem was a city divided, divided by the many positive contributions Israel issue. That confidence does not exist barbed wire, divided by faith and di- has made in and to Jerusalem over the among the parties today. This resolu- vided by violence. In 1948, Jews, who last three decades. tion is another unilateral action that have looked to Jerusalem for 3 millen- I believe that it is critical for the can make it more difficult to prepare nia as their holy place, were systemati- United States to refrain from any ac- for the key final status talks. cally expelled from their holy city. The tions that undermine the unity of this Finally, I think we need to view this houses of worship were destroyed, the city which is holy for Jews, Muslims, suspension resolution, House Concur- cemeteries were desecrated. Grave- and Christians. I also believe that the rent Resolution 60, together with the stones served as roads for construction United States should eventually move other provisions relating to the Middle in the city. The most holy of religious its embassy in Israel to Jerusalem, East that are being discussed and will sites, the Western Wall, was used igno- which Israel considers its capital. be voted upon when H.R. 1757, the State miniously as a garbage dump. Jews I regret that the Committee on Inter- Department authorization bill, comes from around the world were unable to national Relations was given no oppor- before the House for further consider- worship at their holiest of holy sites. tunity to consider this resolution be- ation later today. At the time, the free world rightly fore the House took it up under this In addition to this resolution on Je- declared this heinous act of war illegal suspension, where amendments are not rusalem, that bill contains additional but did nothing, absolutely nothing, to possible. A single change to the lan- problematic language on Jerusalem. change it. Thirty years ago all that guage of the resolution would have We also will vote today on amendments changed. Jerusalem was liberated. gained my support and that of others with respect to Syria, actions by the Jews from around the world could once who support the unity of Jerusalem, Palestinian Authority with which we again pray in Jerusalem. Today Jeru- but also support forward progress in disagree, and a possible amendment on salem is a city reunited, united in ge- the Middle East peace process and op- reducing aid to Egypt. Each of these ography, united in respect for faith and pose unnecessarily provocative actions amendments has some merit. I agree united in search for peace. to or by any of the parties to that proc- with much of what they say, but their Since 1967, Jerusalem has been the united sovereign capital of Israel, ess. cumulative effect is to have the United It would be totally consistent with States appear very one-sided on mat- which no Israeli Government, Labor or U.S. policy to say that Jerusalem must ters where our continued ability to be Likud, would ever agree to divide. remain an undivided city. It would trusted by all parties is critical. There are many issues that divide the even be acceptable to describe Jerusa- So, Mr. Speaker, while I join my col- Jewish community these days, both here in America and in Israel. This is lem as Israel’s capital and then state, leagues in saluting and celebrating a not one of them. I say to my colleagues as did House Concurrent Resolution united Jerusalem, I cannot support that Jewish citizens of America, Jew- 290, which this resolution cites, that it this resolution at this time. I have, of ish citizens of Israel are virtually should remain an undivided city. course, no doubt about the strong sup- However, it is not consistent with port for the resolution. I just think it unanimous in the view that Jerusalem should remain the undivided capital. United States policy articulated over is appropriate for a few of us to speak I remind Members that under the last several decades under several adminis- out for a nearly 50-year-old American 30 years, the holy sites of all three trations of both parties to state, as this policy in the Middle East, a policy sup- ported by 10 successive Presidents, that great religions have been open to those resolution does, that Jerusalem must who wish to pay their respects and remain the undivided capital of the has served the Nation and the Middle East well. pray there, unlike the period of 1948 to State of Israel. 1967. Taking such action at this time also b 1245 In my judgment, the Palestinian Au- hurts U.S. policy more immediately I urge my colleagues not to make a thority has no claim on Jerusalem, not and directly. It will make it more dif- difficult peace process even more dif- only in fact and in history but because ficult to get an already stalled peace ficult. I would urge a no vote on House of what they did between 1948 and 1967. process back on track. Concurrent Resolution 60. They lost it. To make the Wailing Wall I oppose the resolution at this time Mr. Speaker, I reserve the balance of a garbage dump? That is absolutely for three reasons. First, I do not think my time. disgraceful and an abomination. it is in the U.S. national interest to Mr. GILMAN. Mr. Speaker, I yield So over the years, recognizing that take any action that could hinder the myself such time as I may consume. Congress has affirmed the policy that peace process or the ability of the Mr. Speaker, this legislation with re- Jerusalem remain the undivided cap- United States to continue to play an gard to the reunification of Jerusalem ital of Israel through numerous resolu- indispensable role in that process. We has been considered and adopted by the tions and laws, but never has it been need to preserve our role as trusted House in prior years, so its consider- more important that the United States intermediary, particularly now that we ation should not be considered con- speak with one voice to make the pol- are moving toward permanent status troversial. President Clinton has stated icy clear, that Jerusalem is and will al- negotiations in which Jerusalem will his support for an undivided Jerusalem. ways be the undivided capital of Israel. be a subject. Since the onset of the peace process in We in the U.S. House of Representa- The United States has a vital inter- 1992, Congress has gone on record on tives understand the significance of Je- est in seeing the peace process move this issue on several occasions. Accord- rusalem to the Jewish people. Today, forward. Such forward movement is not ingly, this should not be seen as im- like Jerusalem, we stand united in con- likely to occur if we do serious damage pairing the peace process. It has not gratulating the people of Jerusalem on to the critical U.S. role. We cannot pre- stopped the negotiations from going the 30th anniversary of their city’s re- serve this role if the Congress succeeds forward, even when we adopted the Je- unification, united in commending Is- in its attempt to force a U.S. policy rusalem Embassy Relocation Act. rael for guaranteeing the right of peo- that prejudges an issue as contentious Accordingly, I urge our colleagues to ple of all faiths, Jewish, Christian, as the final status of Jerusalem, an support this legislation. Muslim, to pray at their holy sites, issue which the Declaration of Prin- Mr. Speaker, I yield such time as he united that this holy city never be di- ciples, signed by both parties in 1993, may consume to the gentleman from vided again. states will be determined by the par- New York [Mr. SCHUMER], the original Mr. Speaker, I am proud to offer this ties to the conflict in their final status sponsor of this measure. resolution today to congratulate the negotiations. Mr. SCHUMER. Mr. Speaker, I thank people of Jerusalem on the 30th anni- Second, the issue of Jerusalem has the gentleman from New York [Mr. versary of their city’s reunification, to been left for the final status negotia- GILMAN] for yielding me this time and say that it is my belief that the United tions because of the strong emotion it for his leadership on this issue; I thank States ought to stand foursquare be- engenders, because of the controversy the ranking member, even though we hind that reunification and not do any- it promotes, and because of the need to disagree, for his consideration. thing, anything at all, to undercut the H3590 CONGRESSIONAL RECORD — HOUSE June 10, 1997 fact that we will stand by Israel in its divided capital. Jerusalem has been clear, however, that it is not enough simply to goal to keep Jerusalem united and pre- and must remain a center of ethnic and celebrate the past 3,000 years of Jerusalem's vent it from being divided. I say to religious diversity where individual existence, or its past 30 years as an undivided those who do not believe that, that the rights of worship are respected and pro- city. We must seek to keep Israel and Jerusa- peace process in my judgment, if it is tected. Torn apart by war for almost lem strong for the next 3,000 years. That's based on the view that it ultimately two decades, Jerusalem was united as part of what the Middle East peace process is must have a divided Jerusalem, will ul- the capital of the State of Israel 30 all aboutÐand what the United States' unwav- timately fail, and we ought to affirm years ago and so it shall remain. I com- ering support for Israel is all about. that now and forever and once and for mend my colleagues for bringing this In closing, I congratulate the residents of Je- all. important resolution to the floor, and I rusalem and the people of Israel on the 30th Mr. Speaker, for 3,000 years, since the urge its passage. anniversary of that city's reunification, and I destruction of the second temple, the Mr. HAMILTON. Mr. Speaker, I yield urge my colleagues to support this resolution. people of Jerusalem and world Jewry myself 1 minute. Mr. GINGRICH. Mr. Speaker, I rise today to have said the following: ‘‘Jerusalem, if Mr. Speaker, I simply wanted to express my strong support for House Concur- I forget thee, let my right hand be sev- point out that the Department of State rent Resolution 60, congratulating the people ered.’’ We will never forget Jerusalem, opposes this resolution. It opposes it on of Israel on the 30th anniversary of the reunifi- and we are here to celebrate its perma- constitutional foreign policy and oper- cation of the city of Jerusalem. nent reunification. ational grounds. Quoting from their It has been 30 years since Israel in the Mr. GILMAN. Mr. Speaker, I want to memoranda, course of the 6-day war reunified the city of thank the gentleman from New York The intent of this legislation is to force Jerusalem and opened its holy sites to people [Mr. SCHUMER] for his leadership on the administration to recognize Jerusalem of all faiths. It has also been the policy of the this issue and for his very eloquent as part of the territory of the State of Israel United States ever since the historic reunifica- words in support of the resolution. and indeed as the capital of the State of Is- tion of this most holy city that it should never Mr. Speaker, I yield such time as he rael. Our view of Jerusalem is guided by the again be divided. may consume to the gentleman from Declaration of Principles, Oslo I, in which As a nation, one of our most fundamental the two sides agreed that Jerusalem will be Florida [Mr. GOSS], the distinguished principles is the principle of freedom of reli- addressed in permanent status negotiations. former chairman of our House Intel- Our objection to this bill is based on our gion. With this vote, we in Congress reaffirm ligence Committee. long-standing policy toward Jerusalem and our belief that an undivided Jerusalem is inte- (Mr. GOSS asked and was given per- on the fact that this provision raises serious gral to maintaining the rights of every ethnic mission to revise and extend his re- constitutional issues because it purports to and religious group in the city of Jerusalem, marks.) limit the President’s exclusive authority to and we recognize and commend the people of Mr. GOSS. Mr. Speaker, I rise in conduct the Nation’s diplomatic relations Israel for protecting this right over the past 30 strong support of this resolution. I be- and others. years. lieve it is extremely appropriate that The point simply is that this resolu- I would also like to again urge the President we tell the world that we are happy to tion does not state American policy in and the Secretary of State to affirm publicly celebrate this occasion and that we are the Middle East as it has been for what we in Congress have consistently voiced still committed very much to oversee- many, many years, supported by 10 for many years, that Jerusalem is the Capital ing our responsibilities toward peace in Presidents. Members should be aware of Israel. I also call on the President to move the area. of the fact that when they vote for forward at this time with the selection of a site I take the view that we are in the this, for all kinds of good reasons, they for the new American Embassy in Jerusalem. business here of underscoring our com- are nonetheless departing from the Mr. BRADY. Mr. Speaker, today I rise in mitment to the peace process. I do not U.S. position on the Middle East peace support of House Concurrent Resolution 60. I believe that one can raise the issue of process that has served this Nation and am pleased to support this resolution which Mideast geopolitics without somehow served the Middle East, I think, very congratulates the residents of Jerusalem and conveying the idea that there is con- well for many years. the people of Israel on the 30th anniversary of troversy. But I think that the issue be- Mr. GEPHARDT. Mr. Speaker, I am proud the reunification of Jerusalem, calls upon the fore us is without controversy. It is on to be an original cosponsor of House Concur- President and the Secretary of State to pub- the suspension calendar, and I think it rent Resolution 60, and I urge its adoption by licly affirmÐas a matter of U.S. policyÐthat is merely a question of acknowledging the House of Representatives. Jerusalem must remain the undivided Capital the leadership of those who have made Two years ago, I joined many others in the of Israel, and urges U.S. officials to refrain this possible to come before us. I asso- Capitol rotunda to commemorate the 3,000th from any actions that contradict this policy. ciate myself with the distinguished re- anniversary of the founding of the city of Jeru- For three thousand years, Jerusalem has marks of the gentleman from New salem. It is in the spirit of that powerful cere- been the religious, spiritual, and cultural center York, who I think put them so elo- mony, and in the spirit of Jerusalem itself, that of the Jewish people. It is also important to quently. I would suggest that to fail to I rise today in support of this resolution. note that Jerusalem has sites that are also im- pass this today would send a very bad There is no question that Jerusalem is portant to other religious faiths. Furthermore, message. On the other hand it deserves among the most important sites of modern civ- during the period 1949±1967, the eastern part our unanimous support. I congratulate ilizationÐa triumph of faith and freedom not of Jerusalem was under Jordanian control and the distinguished chairman for bring- just for the Jewish people, but for all people. people of all faiths were denied access to their ing this to our attention. And although people have fought over Jerusa- holy sites. However, since Jerusalem was re- Mr. HAMILTON. Mr. Speaker, I yield lem for thousands of years, today it stands as united in 1967, it has been a city open to peo- 1 minute to the distinguished gentle- a city of peace, in which different races and ple of all religions. woman from New York [Mrs. LOWEY]. religious faiths live together. In addition to House Concurrent Resolution Mrs. LOWEY. Mr. Speaker, I rise That is why Jerusalem should remain an un- 60, the House is also considering another im- today in strong support of this resolu- divided city, and be recognized as the capital portant piece of legislation, the Foreign Rela- tion congratulating the Israeli people of Israel. After all, Jerusalem embodies the tions Authorization Act (H.R. 1757), affecting on the 30th anniversary of the reunifi- very notions of liberty, justice, and freedom U.S. policy toward Jerusalem. Both of these cation of Jerusalem. Today we in this from persecution upon which Israel was found- bills reaffirm positions taken by Congress in House reaffirm our commitment to Je- ed. And it is only fitting that the holiest city in 1995, when it overwhelmingly passed the Je- rusalem as the unified capital of Israel the world be celebrated as the center of the rusalem Embassy Act. While that legislation now and forever. It is especially fitting Jewish people, who have strived for so long become law on November 8, 1995, President that we rise today to celebrate the Is- simply to be able to express their faith freely Clinton, unfortunately, did not sign it. The Je- raeli capital as the people of the Mid- and openly. That's why I supported and Con- rusalem Embassy Act declares that official dle East are struggling to bring peace gress passed legislation in 1995 to move the U.S. policy should recognize Jerusalem as the to the region. United States Embassy in Israel to Jerusalem. Capital of the State of Israel. The bill also sup- In these difficult times it is critical Today's resolution reiterates the message ports Jerusalem remaining an undivided city that we show our support for a safe and we delivered in 1995 and which the Congress where the rights of every ethnic and religious secure Israel, with Jerusalem as its un- has expressed in prior years. We must be group are protected. Finally, it requires that June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3591 the United States move its Embassy from Tel 4. The amendment by the gentleman from possible, and we appreciate the co- Aviv to Jerusalem by May 31, 1999. We are New York [Mr. SCHUMER] regarding Egypt; operation of our colleagues to work also committed to seeing this happen and 5. The amendment by the gentleman from within the agreed time limits. New York [Mr. PAXON] or the gentleman have included provisions to do so in H.R. from New York [Mr. ENGEL] regarding Pal- AMENDMENT OFFERED BY MR. GILMAN 1757. estinian land transactions; Mr. GILMAN. Mr. Chairman, I offer I urge my colleagues to vote for both House 6. The amendment by the gentleman from an amendment. Concurrent Resolution 60, as well as H.R. Ohio [Mr. NEY] regarding Libya; The CHAIRMAN pro tempore (Mr. 1757, which reaffirm our belief that Jerusalem 7. The amendment by the gentleman from EWING). Is the amendment one of those should remain Israel's undivided capital. South Carolina [Mr. SANFORD] regarding au- specifically listed in the order of the Mr. HAMILTON. Mr. Speaker, I yield thorization levels; 8. The amendment by the gentlewoman House of June 5, 1997? back the balance of my time. from Georgia [Ms. MCKINNEY] regarding Mr. GILMAN. Yes, it is, Mr. Chair- Mr. GILMAN. Mr. Speaker, I have no arms transfer code of conduct; man. further requests for time, and I yield 9. The amendment by the gentleman from The Clerk read as follows: back the balance of my time. California [Mr. CAPPS] regarding Tibet; Amendment offered by Mr. GILMAN: The SPEAKER pro tempore (Mr. CAL- 10. The amendment by the gentleman from At end of Title XVII (relating to foreign VERT). The question is on the motion New York [Mr. GILMAN] regarding policy provisions) add the following new sec- offered by the gentleman from New counternarcotics authorities; tion (and conform the table of contents ac- 11. The amendment by the gentleman from ILMAN cordingly): York [Mr. G ] that the House sus- Indiana [Mr. HAMILTON]; and pend the rules and agree to the concur- SEC. ADDITIONAL REQUIREMENTS RELATING 12. The amendment by the gentleman from TO ASSISTANCE. rent resolution, House Concurrent Res- New York [Mr. GILMAN]. (a) IN GENERAL.—Section 481(e)(4) of the olution 60. b 1300 Foreign Assistance Act of 1961 (22 U.S.C. The question was taken. 2291(e)(4)) is amended— Mr. GILMAN. Mr. Speaker, on that I It shall be in order at any time for (1) in subparagraph (A)(ii), inserting ‘‘or demand the yeas and nays. the chairman of the Committee on under chapter 5 of part II’’ after ‘‘(including The yeas and nays were ordered. International Relations, or his des- chapter 4 of part II)’’; and The SPEAKER pro tempore. Pursu- ignee, with the concurrence of the (2) in subparagraph (B), by inserting before ant to clause 5 of rule I and the Chair’s ranking minority member of that com- the semicolon at the end the following: ‘‘, other than sales or financing provided for prior announcement, further proceed- mittee, or a designee, to offer amend- ments en bloc. Those amendments en narcotics-related purposes following notifi- ings on this motion will be postponed. cation in accordance with procedures appli- bloc shall be considered read, shall not f cable to reprogramming notifications under be subject to amendment, shall not be section 634A of this Act.’’. FOREIGN RELATIONS AUTHORIZA- subject to a demand for a division of (b) EFFECTIVE DATE.—The amendments TION ACT, FISCAL YEARS 1998 the question, and may amend portions made by subsection (a) shall apply with re- AND 1999 of the bill previously read for amend- spect to assistance provided on or after the ment. date of the enactment of this Act. The SPEAKER pro tempore. Pursu- The original proponents of an amend- Mr. GILMAN. Mr. Chairman I ask ant to House Resolution 159 and rule ment included in such amendments en unanimous consent that the amend- XXIII, the Chair declares the House in bloc may insert a statement in the ment be considered as read and printed the Committee of the Whole House on CONGRESSIONAL RECORD immediately in the RECORD. the State of the Union for the further before the disposition of the amend- The CHAIRMAN pro tempore. Is consideration of the bill, H.R. 1757. ments en bloc. there objection to the request of the b 1257 Mr. GILMAN. Mr. Chairman, I move gentleman from New York? to strike the last word. There was no objection. IN THE COMMITTEE OF THE WHOLE Mr. Chairman, we are now resuming Mr. GILMAN. Mr. Chairman, the eu- Accordingly the House resolved itself consideration of the foreign relations phemism, war on drugs, is often mis- into the Committee of the Whole House authorization bill for fiscal years 1998 used to describe the struggle against on the State of the Union for the fur- and 1999. We have a unanimous-consent the illicit narcotics which destroy our ther consideration of the bill (H.R. agreement that makes in order several communities and takes the lives of so 1757) to consolidate international af- amendments to be considered under the many of our young people. However in fairs agencies, to authorize appropria- 5-minute rule without any special time Colombia, the major drug producing tions for the Department of State and limitation. Other amendments not nation in our hemisphere, there is a related agencies for fiscal years 1998 mentioned in the unanimous-consent raging narcotics based drug war, and it and 1999, and for other purposes, with request are debatable for up to 10 min- is only a short 3 hours away by aircraft Mr. EWING—Chairman pro tempore—in utes equally divided between a Member from Miami. The Colombian National the chair. in support and a Member in opposition Police, the CNP, our longtime coura- The Clerk read the title of the bill. on the amendment. I request that any geous and honest allies in the fight The CHAIRMAN pro tempore. When Members having an amendment would against the drug cartels and their the Committee of the Whole rose on advise our committee if they plan to narcoguerrilla allies, in the last 10 Thursday, June 5, 1997, the amendment offer an amendment. It would help fa- years alone they have lost nearly 3,000 offered by the gentleman from New cilitate our work here for the remain- police officers. These heavy casualties Jersey [Mr. SMITH] had been disposed der of the day. were taken fighting ours as well as of. I would also like to point out that we their own grave struggle against the il- Pursuant to the order of the House of are continuing to work with the ad- licit drug trade. These brave police of- Thursday, June 5, 1997, each further ministration to reach an agreement on ficers captured or killed all of the lead- amendment to the bill, and all amend- reorganization of the foreign affairs ership of the ruthless Medellin cartel ments thereto, shall be debatable for 10 agencies. The President has directed as well as all of the key kingpins of the minutes, equally divided and con- that consolidation of USIA and the more sophisticated and powerful Cali trolled by the proponent and an oppo- Arms Control Disarmament Agency international drug cartel. nent, except for the following amend- take place over a 2-year period. That is The administration twice decertified ments which shall be debated without a our responsibility, to implement that the Government of Colombia over the time limit: decision. It is my intention to find a last 2 years without a national interest 1. Amendments en bloc offered by the gen- solution. I hope that my colleagues on waiver because of alleged corruption tleman from New York [Mr. GILMAN] pursu- the other side of the aisle will work surrounding the Presidency. At the ant to the previous order; with us to that end, and I want to same time, it has badly hurt the Co- 2. The amendment by the gentleman from Rhode Island [Mr. KENNEDY] regarding Indo- thank the ranking minority member, lombian National Police and military nesia; the gentleman from Indiana [Mr. HAM- fighting the real drug war from the 3. The amendment by the gentleman from ILTON], for his cooperation. We will try safe and secure office of the Presidency California [Mr. MILLER] regarding Cuba; to move this bill as expeditiously as in Bogota. H3592 CONGRESSIONAL RECORD — HOUSE June 10, 1997 The annual drug certification statute I oppose this amendment for two rea- man amendment, we should revise the as now written automatically cuts off sons. First, the amendment, I think, is entire statute. The gentleman from foreign military sales and inter- an affront to fair process. The Commit- New York [Mr. GILMAN] said at com- national military education and train- tee on Rules stripped out the foreign mittee markup that major changes to ing. That assistance is given once a na- aid half of the Committee on Inter- the decertification statute should un- tion like Colombia is decertified, with- national Relations’ bipartisan bill. dergo a close review including hear- out being given a national interest Now the gentleman from New York ings. Well, this amendment is such a waiver. [Mr. GILMAN] is coming back with a change. The gentleman from New York As a result, today in Colombia we provision out of the foreign aid divi- should withdraw this amendment until cannot routinely provide FMS and sion. Members of Congress, the gen- such time as the committee has com- IMET assistance to the police and the tleman from New Jersey [Mr. pleted that review. army. In addition, we cannot provide MENENDEZ] and the gentleman from Mr. Chairman, I urge my colleagues any lethal assistance, ammunition and Florida [Mr. HASTINGS] and I, had a to oppose the amendment. explosives, in the middle of their rag- provision to revise the drug certifi- Mr. GILMAN. Mr. Chairman, I ask ing narcowar. cation process, but we did not attempt unanimous consent for 5 additional Nor can we help adequately maintain to add it to a State Department au- minutes. the numerous pieces of U.S. military thorization bill where it does not be- The CHAIRMAN pro tempore. Is equipment we have provided to the se- long. there objection to the request of the curity forces in the past to fight drugs. I do not like fooling around with the gentleman from New York? The net effect has been a classic case of process. This approach, I think, is un- There was no objection. shooting one’s self in the foot in a mat- fair to other Members who had provi- Mr. GILMAN. Mr. Chairman, I would ter involving our vital national secu- sions in the foreign aid division. The like to engage in a short colloquy with rity, illicit drugs coming from abroad. gentleman from New York [Mr. GIL- the gentleman from Indiana [Mr. HAM- The certification law also creates a MAN] is trying to attach an undoubt- ILTON]. catch-22 situation for the nation decer- edly popular amendment from the for- Mr. Chairman, is it the gentleman’s tified. We are denying them the very eign assistance bill to a different vehi- understanding that the administration military assistance and training they cle. This approach, I think, shows that supported this legislative fix to the de- often need to produce increased results the gentleman from New York [Mr. certification statute? in fighting drugs, results they will need GILMAN] has no confidence in the Com- Mr. HAMILTON. Mr. Chairman, will later to get certified for fully cooperat- mittee on Rules’ pledge that the for- the gentleman yield? ing in the following year. eign aid bill will be taken up at a later Mr. GILMAN. I yield to the gen- My amendment is simple. It was in- time. What he is doing now is putting tleman from Indiana. cluded in H.R. 1486 as it came out of very popular, very attractive, provi- Mr. HAMILTON. Mr. Chairman, is our committee without any opposition. sions from the foreign aid division into the gentleman asking me if the admin- It makes clear that FMS and IMET this bill, rewriting it so that it fits istration supports his amendment? narcotics-related assistance, when the under the State Department authoriza- Mr. GILMAN. No, I am asking if it is United States decertifies a nation in tion bill. the gentleman’s understanding the ad- the future, without a national interest Second, however, I oppose the amend- ministration supported this legislative waiver, would no longer automatically ment on substance. One of the main fix to the decertification statute so be cut off. reasons for prohibiting military aid is that they could meet IMET and FMS in Under my proposal, while the admin- to have a powerful stick to persuade these cases? istration need not automatically pro- militaries in major drug countries to Mr. HAMILTON. May I respond? vide FMS or IMET drug-related assist- become U.S. allies on counternarcotics. Mr. GILMAN. It is my understanding ance, they are not precluded from This amendment removes one of the that the administration did support it. doing so especially when needed in key levers that the United States has Mr. HAMILTON. Mr. Chairman, I such clear cut cases like the current under current law. took the position I did without ref- drug war that exists in Colombia. What we do here is we would decer- erence to the administration. I do not I urge my colleagues to please join in tify a country saying that they do not know what their position is. They can this common sense solution to correct cooperate with us, and then we turn speak for themselves. a serious glitch in the current law. Let around under this amendment and say, Mr. GILMAN. Mr. Chairman, in fur- us give our courageous friends and al- ‘‘Even though you do not cooperate, we ther addressing the gentleman’s com- lies in the Colombian National Police are going to continue to supply you ments I want the gentleman to know and military in its vital struggle for with all of the military aid that you their lives and that of our children a want.’’ that I have full confidence that we are real fighting chance, and I urge adop- With this amendment, for example, going to move the foreign aid bill at a tion of the amendment. the United States would provide ap- later date, but this proposal is a mat- Mr. Chairman, I reserve the balance proximately $30 million in additional ter of extreme urgency. Today the Co- of my time. military assistance to Colombia. Keep lombian National Police have only 10 Mr. HAMILTON. Mr. Chairman, I rise in mind Colombia is a country that days worth of ammunition in order to in opposition to the chairman’s amend- does not cooperate with us by our own continue to conduct the kind of fight ment which inserts into this bill one of finding in the fight against drugs. This that they are conducting against the his sections in the foreign aid division, contradicts this amendment, I believe, guerrillas who have been trafficking in which of course the Committee on the very purpose of cutting off assist- narcotics, and it is for that reason that Rules had stripped from the bill. ance to decertified countries. Colom- I propose this amendment which mere- This amendment, taken out of the bia’s military has less incentive to im- ly restores FMS and IMET so that foreign aid division of H.R. 1486, would prove Colombia’s record if it is getting these courageous fighters in the drug remove the current legal prohibition the aid that it wants any way. war could continue in their efforts. against providing military training and Now I do agree with the gentleman Mr. HAMILTON. Mr. Chairman, if military aid to decertified countries. from New York [Mr. GILMAN] that the gentleman would continue to yield, What that means is that, if a country automatic sanctions are counter- I was very pleased to hear him say a is decertified because it is not cooper- productive. The entire decertification moment ago that he believes the for- ating with us in the fight against statute is badly flawed, and for this eign aid bill will be brought up. drugs, the United States would still reason the committee voted to revise Does the gentleman from New York, automatically cut off most develop- the decertification process and voted to the chairman of the committee, have ment assistance as well as OPIC and remove all mandatory sanctions. The the assurance of the leadership that a Exim which help U.S. companies, but committee has been denied a chance to foreign aid bill will in fact be brought lethal equipment and other military bring that product before the House. up on this floor? assistance could still be sent to those In my view rather than make piece- Mr. GILMAN. Mr. Chairman, we have decertified countries. meal changes, as proposed in the Gil- been conferring with the leadership, June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3593 and I will continue in my efforts to try few of the 35 students from Syracuse The United States has the ability, to bring the foreign aid measure to the University who cannot be with us however, to help deter other countries floor of the House. today and never will be with us because from assisting Libya through the Mr. HAMILTON. But the gentleman they were passengers on Pan Am threat of withholding American assist- has no assurance from the leadership Flight 103, which was blown out of the ance, and that is the sole purpose of that such a bill will be brought for- sky by a powerful bomb over my amendment. ward? Lockerbie, Scotland. All told, all 259 Mr. Chairman, I urge my colleagues’ Mr. GILMAN. I have no guarantees at passengers and crew aboard the plane support of this amendment on behalf of this time. I can only state to the rank- were killed, along with 11 people on the the innocent Americans and the inno- ing minority member that I will con- ground. cent peoples from all around the world tinue strenuous efforts to try to bring After one of the most extensive in- who were on this flight and for the the measure to the floor of the House. vestigations in history, two Libyan in- other people who have fallen victim to Mr. HAMILTON. Let me assure the telligence agents were implicated for the hideous ways of this brutal leader. gentleman I support him in those ef- planting an explosive device on the I again urge my colleagues’ support of forts. plane that murdered all of the pas- this amendment. I would also like to thank the gentleman from New York b 1315 sengers on the plane. After repeated re- quests, I stress repeated requests, and [Mr. GILMAN] and his staff for all of the The CHAIRMAN pro tempore (Mr. Libya’s failure to extradite the two hard work that they put into this bill. EWING). The question is on the amend- Libyan agents, the United Nations im- They have done a wonderful job. ment offered by the gentleman from posed a ban on air traffic in and out of Mr. HAMILTON. Mr. Chairman, I rise New York [Mr. GILMAN]. Libya as a result. in support of the amendment, and I The amendment was agreed to. Last week, in a reckless attempt to will vote for it. I want to work to re- AMENDMENT OFFERED BY MR. NEY have the sanctions lifted without actu- fine it down the line, and I have a ques- Mr. NEY. Mr. Chairman, I offer an ally delivering the two suspects, the tion or two to the sponsor. amendment. Libyan Government, under the direc- Mr. Chairman, I would inquire of the The CHAIRMAN pro tempore. Is the tion of Moammar Qadhafi, sent a direct gentleman from Ohio, what countries amendment one of those specifically appeal to the families of the victims would be affected by this amendment? Mr. NEY. Mr. Chairman, will the gen- listed in the order of the House of June talking about a compromise. Unfortu- 5, 1997? tleman yield? nately, the letter was more of a cynical Mr. HAMILTON. I yield to the gen- Mr. NEY. Yes, Mr. Chairman, it is. propaganda ploy aimed at manipulat- The CHAIRMAN pro tempore. The tleman from Ohio. ing the victims’ families than it was an Mr. NEY. Mr. Chairman, the coun- Clerk will report the amendment. actual concession, and the victims’ tries that would be affected would be The Clerk read as follows: families recognized this publicly. those countries who, in fact as the Amendment offered by Mr. NEY: On top of murdering the families, I amendment states, the President feels At the end of the bill add the following think one of the worst things that has violated the U.N. sanctions. So it (and conform the table of contents accord- could have been done was to try to in- ingly): could be any country of the world in volve them in a propaganda ploy of the fact that would allow for a situation DIVISION C—MISCELLANEOUS Libyan Government. PROVISIONS like the flotilla to land in their coun- Now, why did this happen? It hap- try and they would violate U.N. sanc- SEC. 2001. PROHIBITION ON FOREIGN ASSIST- pened because earlier this year, on May ANCE TO ANY COUNTRY THAT AS- tions. So it is not specific to what SISTS LIBYA IN CIRCUMVENTING 8, the Libyan leader, Moammar Qa- countries, but it would be any country UNITED NATIONS SANCTIONS. dhafi, defied the U.N. ban on all traffic who violates the already existing U.N. (a) IN GENERAL.—None of the funds made in and out of Libya. He flew a flotilla sanctions. available in this Act and the amendments of four Boeing 727’s to two Libyan Mr. HAMILTON. Mr. Chairman, can made by this Act shall be made available for countries, Niger and Nigeria. Now this the gentleman name any country that assistance to any government if the Presi- matter is currently being pursued in would be affected, any specific country dent determines that such country has as- the U.N. Security Council and the sisted the Government of Libya in violating that would be affected? sanctions imposed by United Nations Secu- Sanctions Committee. Mr. NEY. Well, if the gentleman rity Council Resolution 748 (1992). My amendment, very simply, will would further yield, it could be what- (b) EXCEPTION.—This section shall not prohibit any funds made available ever country that violated from this apply if the President determines that mak- through this bill from going to any point forward. ing such funds available is important to the government that assists Libya in cir- Mr. HAMILTON. Is there a country national security interest of the United cumventing the U.N. sanction. that now violates, if this were law? States. We took upon ourselves, and the Mr. NEY. Mr. Chairman, I feel that Mr. NEY (during the reading). Mr. United Nations agreed, these sanctions the two countries that allowed him to Chairman, I ask unanimous consent for a reason. Not for the pleasure of land, and of course the United Nations that the amendment be considered as Moammar Qadhafi to do as he pleases has to make that decision, which was read and printed in the RECORD. without doing the right thing, which is Niger and Nigeria, but this amendment The CHAIRMAN pro tempore. Is to turn these people over for trial that would be a deterrent to future situa- there objection to the request of the killed all of the people on the Pan Am tions where a country would allow the gentleman from Ohio? flight, but on top of it, Mr. Chairman, leader, Moammar Qadhafi, in fact to There was no objection. it is blatantly obvious that Moammar land on their soil. Mr. NEY. Mr. Chairman, Steven Qadhafi does not take the U.N. sanc- Mr. HAMILTON. Mr. Chairman, re- Burrell, Shannon Davis, Christopher tions seriously, and that Libya contin- claiming my time, I think the gen- Jones, Sarah Phillipps, Cynthia J. ues to harbor and finance terrorist tleman should be commended. All of us Smith, these are names of students, groups that share Qadhafi’s anti-West- want to support tough sanctions not the names of students who I would ern views all over our planet. against Libya, because there is not any like to say today are in their commu- However, real problems begin to arise doubt that Libya has not cooperated nities and able to continue their edu- when other nations of the world assist with respect to the investigation of cation and add to their communities’ rogue governments and rogue countries Pan Am 103, and there is not any doubt benefit, and maybe one of these names like Libya in circumventing U.N. sanc- that Libya is not complying with the could have found a cure for cancer, tions. That does not add to the peace U.N. resolutions. But I do want to maybe one of these names would have or the security of any citizen of any point out in the interest of indicating done a great humanitarian effort. No, country who at any point in time can that some refinements probably have Mr. Chairman, the names I read, Ste- fall victim to the rogue activities of a to be made on the gentleman’s amend- ven Burrell, Shannon Davis, Chris- rogue government headed by a ruthless ment, the kinds of problems that arise. topher Jones, Sarah Phillipps, Cynthia rogue leader, which is what Moammar For example, South Africa. President J. Smith, these are the names of just a Qadhafi is. Mandela has invited Qadhafi to visit. Is H3594 CONGRESSIONAL RECORD — HOUSE June 10, 1997 South Africa going to get caught up in The CHAIRMAN pro tempore. Is the have said, is important to us all. This this amendment? Or take Tunisia, who amendment one of those specifically amendment is a significant step in that is the largest recipient of United listed in the order of the House of June direction. States antiterrorism assistance. It is 5, 1997? Mr. HAMILTON. Mr. Chairman, will certainly hostile to Libya on a state- Mr. CAPPS. Yes, Mr. Chairman, it is. the gentleman yield? to-state basis, but through the Island The CHAIRMAN. The Clerk will re- Mr. CAPPS. I yield to the gentleman of Djerba is a major international gate- port the amendment. from Indiana. way to Libya. It is quite possible, for The Clerk read as follows: Mr. HAMILTON. Mr. Chairman, I just want to express my commendation example, that Tunisia would be caught Amendment offered by Mr. CAPPS: up in this amendment. At the end of Title XVII (relating to for- to the gentleman from California [Mr. I point these things out not to be eign policy provisions) add the following new CAPPS] for offering this amendment. He critical of the gentleman’s amendment, section (and conform the table of contents is a very distinguished scholar in this but simply to encourage him, as the accordingly); field. He is applying his expert knowl- bill moves forward, to be open and re- Notwithstanding section 1407(b)(1) of this edge to a provision of law and refining ceptive to refinements to the bill act, for each of the fiscal years 1998 and 1999 it, I think, in a very productive and which would permit us to deal with at least 30 scholarships shall be made avail- constructive way. I fully support the able to Tibetan students and professionals these fairly specific and fairly difficult amendment and congratulate him for who are outside of Tibet (if practicable, in- offering it. situations. cluding individuals active in the preserva- Mr. NEY. Mr. Chairman, if the gen- tion of Tibet’s unique culture, religion, and Mr. GILMAN. Mr. Chairman, will the tleman would continue to yield, I language), and at least 15 scholarships shall gentleman yield? would just note that I am willing to be made available to Burmese students and Mr. CAPPS. I yield to the gentleman communicate during the process, of professionals who are outside Burma. from New York. Mr. GILMAN. Mr. Chairman, I thank course, and I know the gentleman from Mr. CAPPS. Mr. Chairman, my the gentleman for yielding to me. Indiana [Mr. HAMILTON] would agree amendment directs USIA, whenever that we would have to be narrow in the Mr. Chairman, I rise in support of the feasible, whenever practical, to include amendment offered by the gentleman scope so that certain unforeseen situa- individuals that are active in preserv- tions such as the ones that were men- from California [Mr. CAPPS]. His Holi- ing the culture, religion and language ness, the Dalai Lama, has diligently tioned, but I think that we would have of Tibet in the existing Tibetan Edu- to be careful, obviously, to always en- and courageously sought to protect Ti- cation and Cultural Exchange Program betans’ unique cultural and religious courage countries to not deal with such authorized in this bill. regimes, but again, I think we can defi- heritage. The Fulbright Exchange Pro- Mr. Chairman, as we know, the Ti- gram has helped in that goal. Accord- nitely have a discussion of what situa- betan people have suffered tremen- tions are appropriate, and also note the ingly, we are pleased to accept the gen- dously under a succession of regimes, tleman’s amendment. I urge my col- language. There is a certain amount of present regimes in Beijing. Beijing has executive flexibility which we can com- leagues to support the amendment. singlemindedly implemented policies Mr. CAPPS. I thank the gentleman. municate on. that have plundered and decimated Mr. HAMILTON. Mr. Chairman, I The CHAIRMAN pro tempore (Mr. spiritual life, the cultural life, the reli- EWING). The question is on the amend- thank the gentleman. gious life, and specifically the monas- Mr. GILMAN. Mr. Chairman, I move ment offered by the gentleman from tic life, the life of the monks of the to strike the last word. California [Mr. CAPPS]. Mr. Chairman, the committee is will- people of that country, and forced The amendment was agreed to. ing to accept the amendment by the change in the day-to-day cultural tra- AMENDMENT OFFERED BY MR. MILLER OF gentleman from Ohio [Mr. NEY], and I ditions of the Tibetan people. CALIFORNIA want to commend him for his good In the last 2 years, regrettably, this Mr. MILLER of California. Mr. Chair- work on this measure. repression has increased. The current man, I offer an amendment. I appreciate the work that has been Chinese policy toward Tibet may well The CHAIRMAN pro tempore. Is the done in trying to improve our sanc- end in relegating Tibetan culture and amendment one of those specifically tions legislation. I will note that the language to the history books unless listed in the order of the House of June amendment cuts off aid to any country we make conscious efforts to support 5, 1997? that breaks U.N. sanctions against the preservation of this culture. Mr. MILLER of California. Yes, Mr. Libya, and while there is some concern Mr. Chairman, before I came here as Chairman. that this amendment will cut off aid to a Congressman, I was professor of reli- The CHAIRMAN pro tempore. The some key allies, I note that this provi- gious studies at the University of Cali- Clerk will report the amendment. The Clerk read as follows: sion does have a national security fornia in Santa Barbara. Tibet is very Amendment offered by Mr. MILLER of Cali- waiver which the President may exer- much on my mind these days. Last week I participated in a celebration at fornia: cise in order to continue aid amongst At the end of title XVII, insert the follow- those countries. Santa Barbara to establish a pro- ing section: Accordingly, Mr. Chairman, I strong- fessorial chair in Tibetan Buddhist SEC. 1717. CUBAN CIGARS. ly support the amendment. studies in my own department. It is the sense of Congress that the United The CHAIRMAN pro tempore. The b 1330 States should not prohibit the importation question is on the amendment offered into the United States, or the sale or dis- by the gentleman from Ohio [Mr. NEY]. My own dedication to the study of re- tribution in the United States, of cigars that The question was taken; and the ligion is born of the belief that the cul- are the product of Cuba. Chairman announced that the ayes ap- tural and spiritual life of the world (Mr. MILLER of California asked and peared to have it. benefits immeasurably from the diver- was given permission to revise and ex- Mr. NEY. Mr. Chairman, I demand a sity of the world’s religious traditions. tend his remarks.) recorded vote, and pending that I make In Tibet, as in all places, the religion Mr. MILLER of California. Mr. Chair- the point of order that a quorum is not and culture inextricably intertwine man, the purpose of this amendment is present. and is the glue that holds the people of twofold. One is to put an end to the du- The CHAIRMAN pro tempore. Pursu- Tibet together. plicity that takes place so very often ant to the House Resolution 159, fur- Furthermore, the richness of the Ti- inside the beltway in Washington, DC, ther proceedings on the amendment of- betan culture in my judgment benefits as members of the government, both fered by the gentleman from Ohio [Mr. all of humanity. It enriches the human the executive branch, the congressional NEY] will be postponed. spirit. The annihilation of this would branch, and others denounce the Cuban The point of no quorum is considered be a loss to all of us. embargo, or denounce Cuba and con- withdrawn. This amendment encourages Tibet- tinue to support the embargo against AMENDMENT OFFERED BY MR. CAPPS ans to participate in this preservation Cuba, and then after doing so, light up Mr. CAPPS. Mr. Chairman, I offer an activity. The preservation of Tibetan a Cuban cigar and extol the pleasures amendment. culture, religion, and language, as I and the attributes of that cigar. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3595 However, this practice of lighting up tered the country, and then they had tleman from California, an attempt to Cuban cigars is not something that is the bands sent separately so they could trivialize the suffering of the Cuban just limited to those who favor, oppose, get the bands back on to impress their people and the apartheid economy that or have a position on the Cuban embar- friends? Or did they get it from a gov- the Cuban worker has to live under, is go. What we know now is that for ernmental official, a Member of Con- truly unfortunate. The issue is not ci- many, many years, the life of the em- gress who traveled to Cuba and brought gars, the issue is the fact that the bargo, over 30 years, is that even in its them back to hand them out; let me do Cuban worker in this example, for ex- inception it was designed not to be re- you a favor, let me give you a cigar. ample, those who work in the fields spected and not to be honored. Presi- Why should not all Americans, if and in the factories producing the ci- dent Kennedy, when he knew he was they so desire, enjoy that pleasure? gars, their product is sold only in dol- going to sign an embargo against Cuba, But what we have done is established lars, in hard currency. Yet the Cuban immediately asked one of his aides to an embargo on cigars that now means worker cannot collect in any way, go out and purchase all the Cuban ci- it is really only for the elite. It is only shape, or fashion the earnings produced gars that he could get his hands on so for the elite. This amendment suggests by the dictatorship from his labor. he would have a full stock of them that that should not be allowed, that So he is paid in almost worthless when the embargo went in place. we should not continue that purpose. Cuban currency, made worthless, by Since that time, Members of Con- We should end the duplicity about this. the way, by the apartheid economy. gress have gone to Cuba in official del- Some have suggested that if the ban And of course the dictatorship collects egations and met with Fidel Castro and and embargo were truly enforced, we the very handsome, substantial sums probably could not get a quorum in the met with other officials in the Cuban in dollars that are generated by the ac- Congress of the United States, or in the Government and have come back with tions of the Cuban worker; in this case, U.S. Senate, or maybe even in the Cuban cigars. They have shared them the cigar manufacturer and the agri- President’s Cabinet, because they on a very discreet basis with their good culture manufacturer, the agricultural would all be taken off for smoking con- friends, and again, they have enjoyed worker who works in the fields taking traband. Is that what forces us to spend them to the hilt. the tobacco to the factories. over $1 million a year in customs Those of the Members who have So what my amendment to the served here for some time know very agents just in Miami for the purposes of searching out cigars? amendment says, to this very obvious often Members would report to the attempt to trivialize the suffering of Speaker of the House of Representa- Do we not have larger problems in terms of our customs service, drugs, the Cuban worker and the apartheid tives, Tip O’Neill, about their trips and economy, what my amendment to the their conversations with the Cuban other illegal materials, piracy? Should we spend this kind of money just in one trivializing effort says is very simple: Government; and he would very quick- We will have no objection to making ly ask you, where are the cigars, know- city to search out this dangerous little cigar that is enjoyed only inside of the Cuban cigars legal when the Cuban pro- ing that a box of cigars had been sent beltway and in the parties among the ducers and the workers involved in from Fidel Castro or from some other elite? that process are able to collect what Governmental official to him. I think we can do better than that. I their labor produces. So the point is this, the point is this: think we can do better by redirecting Once there is a government in Cuba that we have people in the political our resources to those things that are that frees political prisoners and legal- elites, we have people in the media causing the American public great izes political activity, and agrees, in elites, the intellectual elites, who visit angst, mainly the illegal importation effect, to return sovereignty to the the island or who travel overseas and of drugs into this country where we people through willingness to hold free who have the money to buy these ci- would better use those customs agents. and fair elections, then that will be a gars, to purchase them. What has hap- I think we could do better in terms of government, obviously, that will per- pened? For the middle-class cigar ending the hypocrisy by those who will mit that when the Cuban worker pro- smoker, it means the cigar costs some- raise cain about the Government of duces something like a cigar, then that where between $15 and $35, maybe this island, about the Government of currency that is generated by that sale more. I think we ought to, if it is good Fidel Castro, and then enjoy a Cuban will go to the worker, and not like enough for those in the Government, if cigar. now, where the dictatorship collects it is good enough for those in the This is not a partisan amendment. the dollars and keeps the worker in a media, I think we ought to share it This smoke flows as heavily from the situation, on the verge of the 21st cen- with the middle class in this country. Republican Cloakroom as it does in the tury, of a total apartheid economy and We understand the purposes of this Democratic Cloakroom. abject, almost slavery, as I say, just a embargo. The idea was that we could The CHAIRMAN pro tempore. The few years from the 21st century. impose hardship on the Cuban Govern- time of the gentleman from California ment and they would change their I think it is really unfortunate we [Mr. MILLER] has expired. are trivializing this situation, but that ways. This was a sacrifice we were pre- Mr. MILLER of California. Mr. Chair- is, in effect, what the amendment, pared to enter into. If this sacrifice is man, I ask unanimous consent for 30 what the core amendment, seeks to do. worth making, it is worth sharing. I additional seconds. think that is what this amendment Mr. DIAZ-BALART. Mr. Chairman, I That is why I think, Mr. Chairman, it does. object. is important to amend the amendment This amendment also understands The CHAIRMAN pro tempore. Objec- by making clear that yes, the Amer- that we cannot have it both ways. We tion is heard. ican people will be glad to help support the Cuban economy by the purchase of cannot have it to condemn and to sup- AMENDMENT OFFERED BY MR. DIAZ-BALART TO port the embargo and then engage THE AMENDMENT OFFERED BY MR. MILLER OF that wonderful product that nature openly in the products of that. This is CALIFORNIA makes possible and the hard work of what we are talking about. This is the Mr. DIAZ-BALART. Mr. Chairman, I the Cuban worker makes possible, the Cohiba cigar. This is the mother lode of offer an amendment to the amendment. Cuban cigar, once the Cuban worker is cigars. The Clerk read as follows: able to benefit from his and her labor This is what, when people get to- Amendment offered by Mr. DIAZ-BALART to and not an apartheid economy, a re- gether and go to cigar smokers, a few the amendment offered by Mr. MILLER of gime that imposes an apartheid econ- people in the room will have it, and the California: omy on the Cuban worker. Delete the final period and at the end of That is what the amendment makes rest in the crowd will watch them light the amendment, add the following: ‘‘at such it up with great admiration. They will time as the government of Cuba has (1) freed clear, Mr. Chairman. It is self evident. talk about how they acquired it; did all political prisoners, (2) legalized all politi- Mr. Chairman, I yield to the gen- they mail order it on the Internet? Did cal activity, and (3) agreed to hold free and tleman from New Jersey [Mr. SMITH]. they have it sent to them from Hol- fair elections.’’ Mr. SMITH of New Jersey. I thank land, where the bands were removed, Mr. DIAZ-BALART. Mr. Chairman, the gentleman for yielding time to me, the Cohiba bands were removed, it en- this amendment offered by the gen- Mr. Chairman. H3596 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Mr. Chairman, I rise in support of the send a signal to the world that Castro Essentially, this Miller amendment Diaz amendment to the Miller amend- is not so bad after all. is saying that if we cannot beat them, ment. Cuba is one of the few countries Mr. Chairman, it is important that join them. If we cannot curb the viola- in the world in which the struggle we remember just what kind of regime tions of U.S. laws and we cannot in- against totalitarianism has not yet we are dealing with. We must bear in hibit interest in Castro’s blood prod- been won. Because of the proximity of mind that the Castro regime is the No. ucts, then let us just make things easi- Cuba to the United States and the his- 1 violator of human rights in our hemi- er for all and lift those prohibitions. torical close relationship between the sphere. This is not the way, certainly, that peoples of our two nations, it is espe- According to the State Department’s U.S. foreign policy should be run. I cially important that this victory country reports on human rights prac- really do not think that the United come sooner rather than later. tices for 1996, Cuba is a totalitarian States would have won the cold war In evaluating all proposed legisla- state controlled by Fidel Castro, who and sit as the leader of the free world, tion, in evaluating all administrative has exercised control over all aspects if every time its laws were blatantly action and diplomatic initiatives with of Cuban life. According to the country disregarded, we had thrown up our respect to Cuba, it is important to keep reports, among the more serious hands in the air and said, fine, we can- several principles in mind. human rights violations by the regime not seem to enforce the laws because The CHAIRMAN pro tempore. The in recent years are, and I quote: people are violating them, so let us time of the gentleman from Florida The authorities were responsible for the just change the law. [Mr. DIAZ-BALART] has expired. extrajudicial killing of dozens of people. This is not the way to proceed. We do Mr. SMITH of New Jersey. Mr. Chair- The government continued to employ acts not change laws because someone de- man, I move to strike the last word. of repudiation, which are attacks by mobs cides to violate them or skirt them. organized by the government but portrayed Mr. Chairman, in evaluating all of as responsible public rebukes, against dis- This is like saying we cannot prevent the proposed legislation, any kind of sident activity. murderers from killing or drug traf- diplomatic or administrative initiative The government also metes out exception- fickers from polluting our society, so vis-a-vis Cuba, it is important to keep ally harsh prison sentences to democracy we should change our laws to accom- these following principles in mind: and human rights advocates whom it consid- modate those crimes. That is uncon- First, such actions must be calculated ers a threat to its control. scionable and it is just plain wrong. to emphasize the status of the Castro Police and prison officials often use beat- It would be helpful for the cause of ings, neglect, isolation, and other abuse freedom if the gentleman from Califor- government as a rogue regime with against detainees and prisoners convicted of whom the civilized nations of the world political crimes, including human rights ad- nia would instead introduce an amend- should have no dealings. vocates, or those who persisted in expressing ment that focused on human rights Second, our actions must be cal- their views. violations in Cuba, or on the narcotics culated to hurt the dictatorship and Citizens have no legal right to change their trafficking by the Castro regime, or on not the Cuban people. government or to advocate change. their sponsorship of activities to un- Finally, we should make it clear that The government does not allow criticism dermine United States security and of the revolution or its leaders. The Com- Cuba will receive a warm welcome munist Party controls all media as a means hemispheric stability. back into the family of free and demo- to indoctrinate the public. If the gentleman would only reflect cratic nations. Religious persecution continues, on four innocent, unarmed victims shot down over international waters on Feb- b 1345 The country reports point out. The government has ignored calls for ruary 24 of last year, three of them By this standard, we have made some democratic reform and labeled activists who United States citizens and the fourth a terrible mistakes, such as the 1994 Clin- proposed them as worms and traitors. U.S. legal resident, one of these brave ton-Castro antirefugee agreement. We The decision on whether to embrace young men served this country proudly made this agreement just a few months or isolate the Castro regime raises the in Vietnam, having been decorated for after the Castro regime had brutally question of what role human rights and courage in defending the ideals of de- murdered 40 men, women, and children basic decency are to play in our foreign mocracy. I suppose it would be too dif- who were trying to escape from Cuba policy. I urge a strong ‘‘yes’’ vote for ficult to think of them or think of the on the vessel the Thirteenth of March. the Diaz-Balart amendment, and salute men, women, and children killed by The agreement gave the Castro govern- him for his longstanding support for Castro’s thugs in Cuban waters because ment just what it wanted, an end to democracy in Cuba. His amendment is they merely tried to seek freedom; or the longstanding United States policy a step in the right direction in that en- think about the thousands who perish of accepting people who escape from deavor. in Castro’s jails because they had the Cuba. Ms. ROS-LEHTINEN. Mr. Chairman, courage to stand up to this cruel re- The agreement specified that Castro I move to strike the requisite number gime and defend their right to be free. was to use mainly persuasive methods of words. That is much more difficult and to keep people from fleeing from Cuba. I rise in opposition to the amend- much less financially rewarding. This The United States thereby accepted ment originally proposed by the gen- amendment certainly seems to be the moral responsibility for whatever tleman from California [Mr. MILLER] easy way out. forms of persuasion he should choose to and in support of the new amendment They should be remembered, and we employ. And it enhanced the inter- as proposed by the gentleman from should remember every day the blood national prestige and the domestic Florida [Mr. DIAZ-BALART]. shed by so many throughout the years power of the regime. The Miller amendment comes across in the struggle to free Cuba from its The Castro government returned the as a parody or a caricature, very cruel, enslavement at the hands of the Castro favor a year later by murdering four of the Cuban people. It makes a mock- regime. We should not be considering American citizens, members of the pro- ery of the suffering Cuban people, of an amendment like the one introduced freedom organization Brothers to the their subjugation, and it belittles their by the gentleman from California [Mr. Rescue who were flying in inter- suffering. The Miller amendment is MILLER], which only serves to provide a national airspace. So we got tough also an affront to the more than three- lifeline to the Castro dictatorship. again for a little while. decades-old United States policy to- The Miller amendment contradicts Mr. Chairman, the adoption of the ward Cuba, for it focuses on violations and undermines the objectives and the Miller amendment, if it is not amended of the trade embargo as justification or priorities of United States policy to- successfully by the gentleman from cause to weaken our United States pol- ward Cuba. It serves to belittle the Florida [Mr. DIAZ-BALART], would send icy. views of the majority of this body, and a clear signal that the get-tough period I think it defies all logic when viola- of the Senate as well, that overwhelm- is over again. It would send a signal, tions in and disregard for U.S. laws are ingly supported the passage of the and it would signal an unwarranted used to defend a position of accommo- Helms–Burton law. It disregards United unilateral departure from our policy of dation with smugglers or, in the final States foreign policy priorities and na- isolating Castro. Once again we would equation, with the Castro regime itself. tional security interests by placing June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3597 greater emphasis on financial gain nomic opportunities would create labor, prison camp labor, or in fact the than on the overarching commitment democratic movements, that has been exploitation of workers. of the United States to help bring de- created by necessity. I have heard many of my colleagues mocracy to Cuba. Lastly, the American dollar, the passionately speak about those rights. The United States must assume its most hated symbol of the revolution, And so I would urge my colleagues to leadership role and effect concrete, illegal to own until a couple years ago, support the Diaz-Balart amendment. positive changes within the last re- is now actively sought within Cuba. Let Cuban cigars in when freedom and maining bastion of totalitarianism and So the fact of the matter, it is our democracy come to the people of Cuba, dictatorship. It should not be wasting policy of denying the regime hard cur- and when workers are not exploited its position of influence to help fill the rency that has moved them, albeit ever and they can share in the benefits of pockets of a ruthless dictator. so slowly and ever so limitedly, that proceeds received from the work of Unfortunately, it appears that some has moved them to the only positive their labor. in this body cannot shift the focus openings that we have seen. Mr. GILMAN. Mr. Chairman, I move from dollars and cents. It appears that The other thing is, I know that my to strike the requisite number of the desire for a Cuban cigar and the colleagues, especially on this side of words. idea of capitalizing on trade is stronger the aisle, are in strong support of labor I am rising in opposition to the Mil- than the human instinct to protect the rights. A laborer in Cuba, particularly ler amendment and in support of the downtrodden and the oppressed. in the tobacco industry and the cigar Diaz-Balart amendment. As much as I hope that the latter will prevail, and leaf-producing and cigar-making some appreciate the Cuban cigars, it is and that my colleagues will over- industry, does not have the right in certainly not the key issue. The key whelmingly reject the Miller amend- Cuba to receive resources directly from issue today with regard to the Miller ment and instead support the Diaz- a foreign company investment in terms amendment is freedom in Cuba. Balart amendment. of a salary. That is to say, the foreign Cuba is not free and this Congress Mr. MENENDEZ. Mr. Chairman, I company comes into Cuba producing has acted repeatedly to tighten, not move to strike the requisite number of cigars for export and in fact they can- loosen, the embargo against Cuba. I words. not be paid directly by that foreign cite the Cuba Democracy Act passed by Mr. Chairman, I rise to support the company. In fact, they pay the regime. a Democratic Congress and signed by a Diaz-Balart perfecting amendment and The regime takes the overwhelming Republican President. I cite the Helms- to oppose the Miller amendment of my amount of the salary and gives a sub- Burton Act passed by a Republican colleague from California. sistence wage to the worker. Congress, signed by a Democratic I have respect for his desire and the I am sure that my colleagues do not President. The gentleman from Califor- desire of a lot of people in this country want to be part of an enterprise, as we nia [Mr. MILLER] is right, Castro can- who want to smoke a Cuban cigar. I talk about China and the people’s army not have it both ways or either way, understand that. I understand that. there, and products produced there and Republican or Democrat, Congress or But the nature of the question is, What other parts of the world, I am sure that the President. has worked to move the Castro regime we do not want to exploit Cuban work- The message has been the same, from to make some positive changes? ers who are not able to fully receive President Kennedy through Presidents And the fact of the matter is, I would the benefits, working conditions and Reagan and Clinton: Free Cuba. quote to the body the realities that our the salary of their sweat and labor. I ask the gentleman from California policy, which is to deny the regime In fact, by doing this, we would do [Mr. MILLER] to note that there are hard currency, thereby forcing it to that. We would permit hard currency many fine cigars made outside of Cuba, move toward a greater opening, hope- to go to the regime. We would not im- and I urge the gentleman to familiarize fully, for democracy and human rights, prove the life of workers. On the con- himself with the Opus X or Arturo has been a policy that has begun to trary, we would continue to promote Fuente cigars until Cuba is free, and work, especially over the last several the subsistence wages that they get. let us not allow our strong commit- years for which the loss of the Soviet We would continue to promote the ment to human rights to be blown Union $6 billion a year and the tighten- under class that in fact they slave in away by any cigar smoke. ing of our embargo, ending the loop- on behalf of the regime, and we would Accordingly, I support the Diaz- holes and the Libertad legislation, permit the regime to be able to con- Balart perfecting amendment. I urge have taken effect so much so that we tinue to oppress its people because it its adoption and defeat of the Miller hear the regime constantly, daily would have resources flowing into it in amendment. speak against them, and they would very significant dollars. b not even pay attention to it if it was While this is only a sense of the Con- 1400 not having an impact. gress, I think it is the wrong sense. Mr. MILLER of California. Mr. Chair- Now, the fact of the matter is that Right now at this very moment, I just man, I move to strike the requisite our policy has created some very sig- finished getting off of Radio Marti, number of words. nificant things. It has reduced the doing a program in which people from (Mr. MILLER of California asked and third largest army in the Western the islands are connected to people was given permission to revise and ex- Hemisphere after the United States through Radio Marti. When we think of tend his remarks.) and Brazil per capita, good for the peo- the work of independent journalists Mr. MILLER of California. Mr. Chair- ple in Cuba. Less of a military means who get arrested every day for trying man, I recognize the arguments of my more food for Cuban families, less of a to report what is going on in Cuba, if colleagues, and that is the reason we military means less instability we think about the dissidents that are have the embargo, but they obviously throughout the Americas, and cer- active in Cuba, the fact of the matter missed the point on the amendment; tainly it is a good action. That has is, this debate even makes a mockery that it gets a little old, as people are happened because of the necessity cre- of what they are trying to accomplish thumping their chests in the media, in ated on the regime. every day. the intellectual discussion groups, in What else has happened? The fact of Just a little while ago the gentleman Washington, DC, and in the Halls of the matter is that international invest- from Ohio [Mr. NEY] offered an amend- Congress about the evils of the Cuban ment, limited as it is in Cuba, has only ment pertaining to Libya. No Member Government and of Fidel Castro, and been created and accepted over the last here would consider offering an amend- then kick back to light up a Cuban couple of years out of necessity, neces- ment to allow any single Libyan prod- cigar. sity by the fact that the Soviet Union uct to enter the United States because Now, we have an embargo, and the no longer exists and no longer does of Libya’s actions. I can think about American public does not imbibe in their aid flow to the regime, and at the that replicated in a whole series of Cuban sugar or Cuban medical services, same time our policy. So in fact, what- countries across the globe, that we say or financial services or travel, or what- ever we believe, for those of us who we will not permit their products to ever, and that is a shared sacrifice. even disagree with the policy that eco- come in because of the nature of forced That is a shared understanding. H3598 CONGRESSIONAL RECORD — HOUSE June 10, 1997 But somehow among the political Modification to the amendment offered by and I certainly would defer to the judg- elites and Members of Congress, the Mr. SCARBOROUGH. ment of the chairman and the ranking Supreme Court, the U.S. Senate, the At the end of the amendment, add the fol- member on matters such as this. Obvi- lowing: President’s Cabinet, people can light ‘‘This restriction shall not be interpreted ously, they have had experience in up a cigar and go on like nothing has to restrict humanitarian assistance or trans- these areas much longer than I have. happened. The purpose of this amend- actions relating to normal diplomatic activi- So, actually, I look forward to working ment is just to point that out; that we ties.’’ with the chairman and the ranking ought not to have a policy that is so The CHAIRMAN pro tempore. Is member. ragged because of the duplicity that is there objection to the modification of- Mr. CAPPS. Mr. Chairman, I with- put in it by the opinion makers in this fered by the gentleman from Florida? draw my reservation of objection. country. That is the purpose of this Mr. CAPPS. Mr. Chairman, reserving The CHAIRMAN pro tempore. Is amendment. I think, Mr. Chairman, the right to object, I would like the there objection to the request of the that the reaction I have gotten from gentleman to explain the changes he gentleman from Florida? my colleagues points that out; that we has in mind, and I yield to the gen- Mr. GILMAN. Mr. Chairman, reserv- cannot have it both ways. tleman from Florida for that purpose. ing the right to object, and I do not in- But with this policy, a lot of people Mr. SCARBOROUGH. Mr. Chairman, tend to object, I merely wish to advise in this country believe in fact that I thank the gentleman and I advise him the gentleman that we accept his they can, they can go on and they can that we were going to have the gen- amendment. condemn these practices and then they tleman from Indiana [Mr. HAMILTON] Mr. Chairman, I withdraw my res- can decide to smoke a Cohiba or some speak to this, but the vote is coming ervation of objection. other Cuban cigar. up right away and I regret that we The CHAIRMAN pro tempore. Is Mr. Chairman, I would urge passage were not able to give the gentleman there objection to the request of the of this amendment. the background that we gave the gen- gentleman from Florida? The CHAIRMAN pro tempore (Mr. tleman from Indiana. There was no objection. EWING). The question is on the amend- We add the last line, ‘‘This restric- The CHAIRMAN pro tempore. The ment offered by the gentleman from tion shall not be interpreted to restrict modification is agreed to. Florida [Mr. DIAZ-BALART] to the humanitarian assistance or trans- The text of the amendment, as modi- amendment offered by the gentleman actions relating to the normal diplo- fied, is as follows: from California [Mr. MILLER]. matic activities’’ in Sudan. And we did Page 185, after line 17, insert the following The amendment to the amendment so because the gentleman from Indiana section: was agreed to. had some concerns that the language SEC. 1717. UNITED STATES POLICY REGARDING The CHAIRMAN pro tempore. The RELIGIOUS PERSECUTION AND SUP- would actually hamper humanitarian PORT OF TERRORISM BY SUDAN. question is on the amendment offered efforts. (a) FINDINGS.—The Congress finds the fol- by the gentleman from California [Mr. Obviously, we are concerned about lowing: MILLER] as amended. persecution in Sudan, and we want to (1) Continued disregard of the freedom of The question was taken; and the do everything we can do to expedite religion by Sudan is unacceptable. Chairman announced that the noes ap- humanitarian assistance to the people (2) Continued support of terrorist activities peared to have it. in that troubled land, so we have by Sudan is of deepest concern and shall not Mr. MILLER of California. Mr. Chair- agreed to work with the gentleman be tolerated. man, I demand a recorded vote, and (c) FINANCIAL TRANSACTIONS WITH TERROR- from Indiana in any way we can to en- ISTS.—Notwithstanding any other provision pending that, I make the point of order sure that humanitarian assistance to of law, the exception with respect to Sudan that a quorum is not present. Sudan would not be adversely affected. under section 2332(a) of title 18, United The CHAIRMAN pro tempore. Pursu- Mr. CAPPS. Mr. Chairman, further States Code (provided in regulations issued ant to House Resolution 159, further reserving my right to object, I yield to in August 1996 by the Office of Foreign As- proceedings on the amendment offered the gentleman from Indiana [Mr. HAM- sets of the Treasury Department), shall by the gentleman from California [Mr. ILTON]. cease to be effective on the date of the enact- MILLER] will be postponed. Mr. HAMILTON. Mr. Chairman, I ment of this Act. No such exception under The point of no quorum is considered thank the gentleman for yielding to such section may be issued with respect to Sudan until the President certifies to the withdrawn. me, and I want to express my apprecia- Congress that Sudan is no longer sponsoring SEQUENTIAL VOTES POSTPONED IN COMMITTEE tion to the gentleman from Florida for or supporting terrorism. This restriction OF THE WHOLE his amendment. I think it is a worthy shall not be interpreted to restrict humani- The CHAIRMAN pro tempore. Pursu- objective. tarian assistance or transactions relating to ant to House Resolution 159, proceed- I certainly do not intend to object. I normal diplomatic activities. ings will now resume on those amend- do simply want to indicate to him that AMENDMENT OFFERED BY MR. STEARNS ments on which further proceedings I think the amendment needs further The CHAIRMAN pro tempore. The were postponed, in the following order: refinement, and I have appreciated the unfinished business is the demand for a The amendment offered by the gen- fact that he is willing to work with me recorded vote on the amendment of- tleman from Florida [Mr. STEARNS]; and others, and I think the chairman of fered by the gentleman from Florida the amendment offered by the gen- the committee, to try to achieve that. [Mr. STEARNS] on which further pro- tleman from Florida [Mr. For example, I think under the lan- ceedings were postponed and on which SCARBOROUGH]; the amendment offered guage as it stands, it may be the case the noes prevailed by a voice vote. by the gentleman from New Jersey that United States nationals could not The Clerk will designate the amend- [Mr. ENGEL]; and the amendment of- receive payment for claims from the ment. fered by the gentleman from Washing- Sudanese Government even for a ter- The text of the amendment is as fol- ton [Mr. NETHERCUTT]. rorist act. It is possible under the lan- lows: The Chair will reduce to 5 minutes guage that U.S. nationals could no Amendment offered by Mr. STEARNS: At the time for any electronic vote after longer travel to the countries, even the end of title XVII insert the following new the first vote in this series. journalists, for example. section: MODIFICATION TO AMENDMENT OFFERED BY MR. I simply point these things out, not SEC. . STUDY OF THE UNITED NATIONS. SCARBOROUGH TO TITLE XVII, FOREIGN POLICY to object to the gentleman’s amend- It is the sense of the Congress that the PROVISIONS ment, but to raise concerns about it President and the Permanent Representative Mr. SCARBOROUGH. Mr. Chairman, and to say that I will work with him to of the United States to the United Nations I ask unanimous consent to modify a tighten the amendment and to refine should strongly encourage the United Na- previous amendment that we are about it, and I appreciate very much his will- tions to establish a commission to study, re- port promptly, concerning— to vote on. ingness to do that. (1) establishing a new location for the The CHAIRMAN pro tempore. The Mr. SCARBOROUGH. Mr. Chairman, headquarters for the United Nations; and Clerk will report the modification. if the gentleman will continue to yield, (2) to establish the United Nations as a The Clerk read as follows: I thank the gentleman from Indiana, part-time body. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3599 RECORDED VOTE Kildee Moakley Schumer The Clerk will designate the amend- Kilpatrick Mollohan Scott The CHAIRMAN pro tempore. A re- Kim Moran (VA) Serrano ment, as modified. corded vote has been demanded. Kind (WI) Morella Shaw The text of the amendment, as modi- A recorded vote was ordered. King (NY) Murtha Shays fied, is as follows: Kleczka Myrick Sherman The vote was taken by electronic de- Klink Nadler Sisisky Amendment, as modified, offered by Mr. vice, and there were—ayes 108, noes 315, Knollenberg Neal Skaggs SCARBOROUGH: not voting 11, as follows: Kolbe Nethercutt Skeen Page 185, after line 17, insert the following Kucinich Ney Skelton section: [Roll No. 170] LaFalce Northup Slaughter SEC. 1717. UNITED STATES POLICY REGARDING AYES—108 LaHood Oberstar Smith (NJ) RELIGIOUS PERSECUTION AND SUP- Lampson Obey Smith (OR) Aderholt Gekas Pombo PORT OF TERRORISM BY SUDAN. Lantos Olver Smith (TX) Bachus Gibbons Radanovich Latham Ortiz Smith, Adam (a) FINDINGS.—The Congress finds the fol- Barr Goode Regula LaTourette Owens Snowbarger lowing: Bartlett Goodlatte Riley Lazio Oxley Snyder (1) Continued disregard of the freedom of Barton Goodling Rogan Leach Packard Spratt religion by Sudan is unacceptable. Bilbray Green Rohrabacher Levin Pallone Stabenow Bono Gutknecht Royce (2) Continued support of terrorist activities Lewis (CA) Pappas Stark Brady Hall (TX) Ryun by Sudan is of deepest concern and shall not Lewis (GA) Parker Stenholm Burr Hansen Sanford be tolerated. Linder Pascrell Stokes Burton Hastings (WA) Scarborough Lipinski Pastor Strickland (c) FINANCIAL TRANSACTIONS WITH TERROR- Callahan Hayworth Schaefer, Dan Livingston Payne Stupak ISTS.—Notwithstanding any other provisions Campbell Hefley Schaffer, Bob LoBiondo Pease Sununu of law, the exception with respect to Sudan Chambliss Hill Sensenbrenner Lofgren Pelosi Talent under section 2332(a) of title 18, United Chenoweth Hilleary Sessions Lowey Peterson (MN) Tanner Christensen Hostettler Shadegg States Code (provided in regulations issued Luther Peterson (PA) Tauscher Coble Hulshof Shimkus in August 1996 by the Office of Foreign As- Maloney (CT) Petri Tauzin Collins Hunter Shuster sets of the Treasury Department) shall cease Maloney (NY) Pickering Thomas Combest Hutchinson Smith (MI) Manton Pickett Thompson to be effective on the date of the enactment Cooksey Istook Smith, Linda Markey Pitts Thurman of this Act. No such exception under such Cox Jones Solomon Martinez Pomeroy Tierney section may be issued with respect to Sudan Cramer Kingston Souder Mascara Porter Torres until the President certifies to the Congress Crane Klug Spence Matsui Portman Towns Crapo Largent Stearns that Sudan is no longer sponsoring or sup- McCarthy (MO) Poshard Traficant Cubin Lewis (KY) Stump porting terrorism. This restriction shall not McCarthy (NY) Price (NC) Turner Cunningham Lucas Taylor (MS) be interpreted to restrict humanitarian as- McCollum Quinn Upton Deal Manzullo Taylor (NC) McCrery Rahall Velazquez sistance or transactions relating to normal DeLay McInnis Thornberry McDade Ramstad Vento diplomatic activities. Doolittle McIntosh Thune McDermott Rangel Visclosky Dreier McKeon Tiahrt RECORDED VOTE McGovern Redmond Walsh Duncan Metcalf Wamp McHale Reyes Waters The CHAIRMAN pro tempore. A re- Dunn Moran (KS) Watkins McHugh Rivers Watt (NC) Emerson Neumann Watts (OK) corded vote has been demanded. McIntyre Rodriguez Waxman Ensign Norwood Weldon (FL) A recorded vote was ordered. McKinney Roemer Weldon (PA) Everett Nussle Weller McNulty Rogers Wexler The CHAIRMAN pro tempore. This Foley Paul Whitfield Meehan Ros-Lehtinen Weygand will be a 5-minute vote. Fowler Paxon Young (AK) Meek Roukema White The vote was taken by electronic de- NOES—315 Menendez Roybal-Allard Wicker Mica Rush Wise vice, and there were—ayes 415, noes 9, Abercrombie Clayton Gallegly Millender- Sabo Wolf not voting 10, as follows: Ackerman Clement Ganske McDonald Sanchez Woolsey [Roll No. 171] Allen Clyburn Gejdenson Miller (CA) Sanders Wynn Andrews Coburn Gephardt Miller (FL) Sandlin Yates AYES—415 Archer Condit Gilchrest Minge Sawyer Young (FL) Abercrombie Bryant DeGette Armey Conyers Gillmor Mink Saxton Ackerman Bunning Delahunt Baesler Cook Gilman Aderholt Burr DeLauro Baker Costello Gonzalez NOT VOTING—11 Allen Burton DeLay Baldacci Coyne Gordon Borski Kasich Rothman Andrews Buyer Dellums Ballenger Cummings Goss Farr Molinari Salmon Archer Callahan Deutsch Barcia Danner Graham Flake Pryce (OH) Schiff Armey Calvert Diaz-Balart Barrett (NE) Davis (FL) Granger Foglietta Riggs Bachus Camp Dickey Barrett (WI) Davis (IL) Greenwood Baesler Canady Dicks Bass Davis (VA) Gutierrez Baker Cannon Dingell Bateman DeFazio b 1432 Hall (OH) Baldacci Capps Dixon Becerra DeGette Hamilton Messrs. SMITH of Texas, Ballenger Cardin Doggett Bentsen Delahunt Harman Barcia Carson Dooley Bereuter DeLauro MCCOLLUM, SAM JOHNSON of Texas, Hastert Barr Castle Doolittle Berman Dellums Hastings (FL) DICKEY, and GORDON changed their Barrett (NE) Chabot Doyle Berry Deutsch Hefner vote from ‘‘aye’’ to ‘‘no.’’ Barrett (WI) Chambliss Dreier Bilirakis Diaz-Balart Herger Bartlett Chenoweth Duncan Bishop Dickey Messrs. THUNE, DELAY, BACHUS, Hilliard Barton Christensen Dunn Blagojevich Dicks SANFORD, WELLER, GOODLATTE, Hinchey Bass Clay Edwards Bliley Dingell Hinojosa and CRAMER changed their vote from Bateman Clayton Ehlers Blumenauer Dixon Hobson ‘‘no’’ to ‘‘aye.’’ Becerra Clement Ehrlich Blunt Doggett Hoekstra Bentsen Clyburn Emerson Boehlert Dooley So the amendment was rejected. Holden Bereuter Coble Engel Boehner Doyle Hooley The result of the vote was announced Berman Coburn English Bonilla Edwards Horn as above recorded. Berry Collins Ensign Bonior Ehlers Houghton Bilbray Combest Eshoo Boswell Ehrlich PERSONAL EXPLANATION Hoyer Bilirakis Condit Etheridge Boucher Engel Hyde Mr. RIGGS. Mr. Chairman, on rollcall No. Bishop Cook Evans Boyd English Inglis 170. I was unavoidably detained and could not Blagojevich Cooksey Everett Brown (CA) Eshoo Jackson (IL) Bliley Costello Ewing Brown (FL) Etheridge be present to vote had I been present, I would Jackson-Lee Blumenauer Cox Fattah Brown (OH) Evans (TX) have voted ``no.'' Blunt Coyne Fawell Bryant Ewing Jefferson AMENDMENT, AS MODIFIED, OFFERED BY MR. Boehlert Cramer Fazio Bunning Fattah Jenkins Boehner Crane Filner Buyer Fawell SCARBOROUGH John Bonilla Crapo Foglietta Calvert Fazio Johnson (CT) The CHAIRMAN pro tempore (Mr. Bonior Cubin Foley Camp Filner Johnson (WI) EWING). The unfinished business is the Bono Cummings Forbes Canady Forbes Johnson, E. B. Boswell Cunningham Ford Cannon Ford demand for a recorded vote on the Johnson, Sam Boucher Danner Fowler Capps Fox amendment, as modified, offered by the Kanjorski Boyd Davis (FL) Fox Cardin Frank (MA) Kaptur gentleman from Florida [Mr. Brady Davis (IL) Frank (MA) Carson Franks (NJ) Kelly SCARBOROUGH] on which further pro- Brown (CA) Davis (VA) Franks (NJ) Castle Frelinghuysen Kennedy (MA) Brown (FL) Deal Frelinghuysen Chabot Frost ceedings were postponed and on which Kennedy (RI) Brown (OH) DeFazio Frost Clay Furse Kennelly the ayes prevailed by voice vote. H3600 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Furse Lofgren Rohrabacher NOES—9 (9) According to the Central Intelligence Gallegly Lowey Ros-Lehtinen Campbell Hinchey Paul Agency World Fact Book of 1995, petroleum Ganske Lucas Roukema Conyers Kucinich Rahall comprises 53 percent of Syrian exports. Roybal-Allard Gejdenson Luther Harman LaFalce Watt (NC) Royce (10) By imposing sanctions against the Syr- Gekas Maloney (CT) ian petroleum industry, the United States Gephardt Maloney (NY) Rush NOT VOTING—10 Ryun can apply additional pressure against Syria Gibbons Manton Borski Molinari Schiff Gilchrest Manzullo Sabo to press the Assad regime to change its dan- Sanchez Farr Owens Thune Gillmor Markey gerous and destabilizing policies. Sanders Flake Rothman Gilman Martinez (b) POLICY.—It is the sense of the Congress Sandlin Hall (OH) Salmon Gonzalez Mascara that the United States should consider ap- Sanford b 1440 Goode Matsui Sawyer plying to Syria sanctions which are cur- Goodlatte McCarthy (MO) Saxton Mr. CONYERS changed his vote from rently enforced against Iran and Libya under Goodling McCarthy (NY) Scarborough ‘‘aye’’ to ‘‘no.’’ the Iran and Libya Sanctions Act of 1996 if Gordon McCollum Schaefer, Dan the Government of Syria does not eliminate Goss McCrery Schaffer, Bob Mr. SPENCE changed his vote from its dangerous and destabilizing policies. Graham McDade Schumer ‘‘no’’ to ‘‘aye.’’ Granger McDermott Scott So the amendment, as modified, was RECORDED VOTE Green McGovern Sensenbrenner agreed to. The CHAIRMAN pro tempore. A re- Greenwood McHale Serrano The result of the vote was announced corded vote has been demanded. Gutierrez McHugh Sessions A recorded vote was ordered. Gutknecht McInnis Shadegg as above recorded. Shaw The CHAIRMAN pro tempore. This Hall (TX) McIntosh AMENDMENT OFFERED BY MR. ENGEL Shays will be a 5-minute vote. Hamilton McIntyre The CHAIRMAN pro tempore. The Hansen McKeon Sherman The vote was taken by electronic de- Hastert McKinney Shimkus unfinished business is the demand for a Shuster vice, and there were—ayes 410, noes 15, Hastings (FL) McNulty recorded vote on the amendment of- Sisisky not voting 9, as follows: Hastings (WA) Meehan fered by the gentleman from New York Skaggs [Roll No. 172] Hayworth Meek Skeen [Mr. ENGEL] on which further proceed- Hefley Menendez Skelton AYES—410 Hefner Metcalf ings were postponed and on which the Slaughter Abercrombie Coble Gallegly Herger Mica ayes prevailed by voice vote. Smith (MI) Ackerman Coburn Ganske Hill Millender- Smith (NJ) The Clerk will designate the amend- Aderholt Collins Gejdenson McDonald Hilleary Smith (OR) ment. Allen Combest Gekas Hilliard Miller (CA) Smith (TX) The text of the amendment is as fol- Andrews Condit Gephardt Hinojosa Miller (FL) Smith, Adam lows: Archer Cook Gibbons Hobson Minge Smith, Linda Armey Cooksey Gilchrest Hoekstra Mink Snowbarger Amendment offered by Mr. ENGEL: Bachus Costello Gillmor Holden Moakley Snyder At the end of title XVII (relating to foreign Baesler Cox Gilman Hooley Mollohan Solomon policy provisions) add the following (and Baker Coyne Gonzalez Souder Horn Moran (KS) conform the table of contents accordingly): Baldacci Cramer Goode Hostettler Moran (VA) Spence Ballenger Crane Goodlatte SEC. 1717. SANCTIONS AGAINST SYRIA. Houghton Morella Spratt Barcia Crapo Goodling Stabenow Hoyer Murtha (a) FINDINGS.—The Congress finds the fol- Barr Cubin Gordon Stark Hulshof Myrick lowing: Barrett (NE) Cummings Goss Stearns Hunter Nadler (1) Syria remains in a state of war with Is- Barrett (WI) Cunningham Graham Stenholm Neal rael and maintains large numbers of heavily Bartlett Danner Granger Hutchinson Stokes Hyde Nethercutt armed forces near the border with Israel. Barton Davis (FL) Green Strickland Bass Davis (IL) Greenwood Inglis Neumann (2) Syria occupies Lebanon with almost Stump Bateman Davis (VA) Gutierrez Istook Ney Stupak 40,000 troops and maintains undue influence Becerra Deal Gutknecht Jackson (IL) Northup Sununu on all aspects of the Lebanese Government Bentsen DeFazio Hansen Norwood Jackson-Lee Talent and society. Bereuter DeGette Harman (TX) Nussle Tanner (3) Syria continues to provide safe haven Berman Delahunt Hastert Jefferson Oberstar Tauscher and support for several groups that engage in Berry DeLauro Hastings (FL) Jenkins Obey Tauzin Bilbray DeLay Hastings (WA) John Olver Taylor (MS) terrorism, according to the Department of State’s ‘‘Patterns of Global Terrorism’’ re- Bilirakis Dellums Hayworth Johnson (CT) Ortiz Taylor (NC) Bishop Deutsch Hefley Johnson (WI) Oxley Thomas port for 1996. Blagojevich Diaz-Balart Hefner Johnson, E. B. Packard Thompson (4) Syria was listed by the Department of Bliley Dickey Herger Johnson, Sam Pallone Thornberry State as a country that does not cooperate Blumenauer Dicks Hill Jones Pappas Thurman in the war on drugs. Blunt Dingell Hilleary Kanjorski Parker Tiahrt (5) Syria has not signed the Chemical Boehlert Dixon Hilliard Kaptur Pascrell Tierney Boehner Doggett Hinchey Torres Weapons Convention, and numerous reports Kasich Pastor indicate that Syria has increased the produc- Bonilla Dooley Hinojosa Kelly Paxon Towns Bono Doolittle Hobson Traficant tion and level of sophistication of chemical Kennedy (MA) Payne Borski Doyle Hoekstra Turner weapons. Reports also indicate that such un- Kennedy (RI) Pease Boswell Dreier Holden Upton Kennelly Pelosi conventional warheads have been loaded on Boucher Duncan Hooley Velazquez Kildee Peterson (MN) SCUD-type ballistic missiles with the range Boyd Dunn Horn Vento to reach numerous targets in friendly na- Brady Edwards Hostettler Kilpatrick Peterson (PA) Visclosky Kim Petri tions, such as Israel, Turkey, and Jordan. Brown (CA) Ehlers Houghton Walsh Brown (FL) Ehrlich Hoyer Kind (WI) Pickering (6) Syria routinely commits a wide array of Wamp Brown (OH) Emerson Hulshof King (NY) Pickett Waters serious human rights violations, and accord- Bryant Engel Hunter Kingston Pitts Watkins ing to a recent Human Rights Watch report, Bunning English Hutchinson Kleczka Pombo Watts (OK) is engaging in the abduction of Lebanese Burr Ensign Hyde Klink Pomeroy Waxman citizens and Palestinian refugees in Lebanon. Burton Eshoo Inglis Klug Porter Weldon (FL) (7) Several reports indicate that Syria Buyer Etheridge Istook Knollenberg Portman Weldon (PA) Callahan Evans Jackson (IL) Kolbe Poshard Weller knowingly allowed the explosives used in the June 1996 Dharan bombing, which killed 19 Calvert Everett Jackson-Lee LaHood Price (NC) Wexler Camp Ewing (TX) Lampson Pryce (OH) Weygand United States service personnel, to pass Campbell Fattah Jefferson Lantos Quinn White through Syria from Lebanon to Saudi Ara- Canady Fawell Jenkins Largent Radanovich Whitfield bia. Cannon Fazio Johnson (CT) Latham Ramstad Wicker (8) More than 20 trips by former Secretary Capps Filner Johnson (WI) LaTourette Rangel Wise of State Christopher to Damascus, a meeting Cardin Foglietta Johnson, E. B. Lazio Redmond Wolf Carson Foley Johnson, Sam Woolsey between President Clinton and Syrian Presi- Leach Regula dent Hafez Assad, and a Department of Castle Forbes Jones Levin Reyes Wynn Chabot Ford Kanjorski Yates State-sponsored intensive negotiation ses- Lewis (CA) Riggs Chambliss Fowler Kaptur Young (AK) sion at Wye Plantation were all unsuccessful Lewis (GA) Riley Chenoweth Fox Kasich Young (FL) Lewis (KY) Rivers in convincing Syria to make peace with Is- Christensen Frank (MA) Kelly Linder Rodriguez rael. At the same time, most reports indi- Clay Franks (NJ) Kennedy (MA) Lipinski Roemer cated that Israel was prepared to make sub- Clayton Frelinghuysen Kennedy (RI) Livingston Rogan stantial concessions of land in exchange for Clement Frost Kennelly LoBiondo Rogers peace. Clyburn Furse Kildee June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3601 Kilpatrick Ney Shuster proceedings were postponed and on Canady Green McHale Kim Northup Sisisky Cannon Greenwood McHugh Kind (WI) Norwood Skaggs which the ayes prevailed by voice vote. Capps Gutierrez McInnis King (NY) Nussle Skeen The Clerk will designate the amend- Cardin Gutknecht McIntosh Kingston Oberstar Skelton ment. Carson Hall (TX) McIntyre Kleczka Olver Slaughter The text of the amendment is as fol- Castle Hamilton McKeon Klink Ortiz Smith (MI) Chabot Hansen McKinney Klug Owens Smith (NJ) lows: Chambliss Harman McNulty Knollenberg Oxley Smith (OR) At the end of the bill add the following sec- Chenoweth Hastert Meehan Kolbe Packard Smith (TX) tion: Christensen Hastings (FL) Meek Lampson Pallone Smith, Adam Clay Hastings (WA) Menendez Lantos Pappas Smith, Linda SEC. . SENSE OF CONGRESS RELATING TO THE Clayton Hayworth Metcalf Largent Parker Snowbarger ABDUCTION AND DETAINMENT OF Clement Hefley Mica Latham Pascrell Snyder DONALD HUTCHINGS OF THE STATE Clyburn Hefner Millender- LaTourette Pastor Solomon OF WASHINGTON. Coble Herger McDonald Lazio Paxon Souder (a) FINDINGS.—The Congress makes the fol- Coburn Hill Miller (CA) Leach Payne Spence lowing findings: Collins Hilleary Miller (FL) Levin Pease Spratt (1) Al-Faran, a militant organization that Combest Hilliard Minge Lewis (CA) Pelosi Stabenow seeks to merge Kashmir with Pakistan, has Condit Hinchey Mink Lewis (GA) Peterson (MN) Stark waged a war against the Government of Conyers Hinojosa Moakley Lewis (KY) Peterson (PA) Stearns Cook Hobson Mollohan Linder Petri Stenholm India. Cooksey Hoekstra Moran (KS) Lipinski Pickering Stokes (2) During the week of July 2, 1995, Al- Costello Holden Moran (VA) LoBiondo Pickett Strickland Faran abducted Donald Hutchings of the Cox Hooley Morella Lofgren Pitts Stump State of Washington, another American Coyne Horn Murtha Lowey Pombo Stupak John Childs, and 4 Western Europeans in the Cramer Hostettler Myrick Lucas Pomeroy Sununu State of Jammu and Kashmir. John Childs Crane Houghton Nadler Luther Porter Talent has since escaped. Crapo Hoyer Neal Maloney (CT) Portman Tanner Cubin Hulshof Nethercutt Maloney (NY) Poshard Tauscher (3) Al-Faran has executed one hostage and Cummings Hunter Neumann Manton Price (NC) Tauzin threatened to kill Donald Hutchings and the Cunningham Hutchinson Ney Manzullo Pryce (OH) Taylor (MS) remaining Western European hostages unless Danner Hyde Northup Markey Quinn Taylor (NC) the Government of India agrees to release Davis (FL) Inglis Norwood Martinez Radanovich Thomas suspected guerrillas from its jails. Davis (IL) Istook Nussle Mascara Ramstad Thompson (4) Several militants have been captured Davis (VA) Jackson (IL) Oberstar Matsui Rangel Thornberry Deal Jackson-Lee by the Indian Government and have given Obey McCarthy (MO) Redmond Thune DeFazio (TX) Olver McCarthy (NY) Regula Thurman conflicting and unconfirmed reports about DeGette Jefferson Ortiz McCollum Reyes Tiahrt the hostages. Delahunt Jenkins Owens McCrery Riggs Tierney (5) Donald Hutchings and the 3 remaining DeLauro John Oxley McDade Riley Torres Western European hostages have been held DeLay Johnson (CT) Packard McGovern Rivers Towns against their will by Al-Faran for nearly 2 Dellums Johnson (WI) Pallone McHale Rodriguez Traficant years. Deutsch Johnson, E. B. Pappas McHugh Roemer Turner Diaz-Balart Johnson, Sam Parker McInnis Rogan Upton (b) SENSE OF CONGRESS.—It is the sense of Dickey Jones Pascrell McIntosh Rogers Velazquez the Congress that— Dicks Kanjorski Pastor McIntyre Rohrabacher Vento (1) the militant organization Al-Faran Dingell Kaptur Paxon McKeon Ros-Lehtinen Visclosky should release, immediately, Donald Dixon Kasich Payne McKinney Roukema Walsh Hutchings and 3 Western Europeans from Doggett Kelly Pease McNulty Roybal-Allard Wamp captivity; Dooley Kennedy (MA) Pelosi Meehan Royce Watkins (2) Al-Faran and their supporters should Doolittle Kennedy (RI) Peterson (MN) Meek Ryun Watt (NC) Doyle Kennelly Peterson (PA) Menendez Sanchez Watts (OK) cease and desist from all acts of hostage-tak- Dreier Kildee Petri Metcalf Sanders Waxman ing and other violent acts within the State Duncan Kilpatrick Pickering Mica Sandlin Weldon (FL) of Jammu and Kashmir. Dunn Kim Pickett Millender- Sanford Weldon (PA) (3) the State Department Rewards Pro- Edwards Kind (WI) Pitts McDonald Sawyer Weller gram should be used to the greatest extent Ehlers King (NY) Pombo Miller (CA) Saxton Wexler possible to solicit new information pertain- Ehrlich Kingston Pomeroy Miller (FL) Scarborough Weygand ing to hostages; and Emerson Kleczka Porter Mink Schaefer, Dan White Engel Klink Portman Moakley Schaffer, Bob Whitfield (4) the governments of the United States, English Klug Poshard Mollohan Schumer Wicker the United Kingdom, Germany, Norway, Ensign Knollenberg Price (NC) Moran (KS) Scott Wise India, and Pakistan should share and inves- Eshoo Kolbe Pryce (OH) Moran (VA) Sensenbrenner Wolf tigate all information relating to these hos- Etheridge Kucinich Quinn Morella Serrano Woolsey tages as quickly as possible. Evans LaFalce Radanovich Murtha Sessions Wynn Everett LaHood Rahall Myrick Shadegg Yates RECORDED VOTE Ewing Lampson Ramstad Nadler Shaw Young (AK) The CHAIRMAN pro tempore. A re- Fattah Lantos Rangel Neal Shays Young (FL) corded vote has been demanded. Fawell Largent Redmond Nethercutt Sherman Fazio Latham Regula Neumann Shimkus A recorded vote was ordered. Filner LaTourette Reyes The CHAIRMAN pro tempore. This is Foglietta Lazio Riggs NOES—15 a 5-minute vote. Foley Leach Riley Bonior Kucinich Obey The vote was taken by electronic de- Forbes Levin Rivers Conyers LaFalce Paul Ford Lewis (CA) Rodriguez Hall (TX) LaHood Rahall vice, and there were—ayes 425, noes 0, Fowler Lewis (GA) Roemer Hamilton McDermott Sabo answered ‘‘present’’ 1, not voting 8, as Fox Lewis (KY) Rogan John Minge Waters follows: Frank (MA) Linder Rogers Franks (NJ) Lipinski Rohrabacher NOT VOTING—9 [Roll No. 173] Frelinghuysen LoBiondo Ros-Lehtinen Farr Livingston Rush AYES—425 Frost Lofgren Roukema Flake Molinari Salmon Furse Lowey Roybal-Allard Abercrombie Bass Bono Hall (OH) Rothman Schiff Gallegly Lucas Royce Ackerman Bateman Borski Ganske Luther Rush b 1449 Aderholt Becerra Boswell Gejdenson Maloney (CT) Ryun Allen Bentsen Boucher Gekas Maloney (NY) Sabo Mr. BONIOR changed his vote from Andrews Bereuter Boyd Gephardt Manton Sanchez ‘‘aye’’ to ‘‘no.’’ Archer Berman Brady Gibbons Manzullo Sanders So the amendment was agreed to. Armey Berry Brown (CA) Gilchrest Markey Sandlin Bachus Bilbray Brown (FL) The result of the vote was announced Gillmor Martinez Sanford Baesler Bilirakis Brown (OH) Gilman Mascara Sawyer as above recorded. Baker Bishop Bryant Gonzalez Matsui Saxton Baldacci Blagojevich Bunning AMENDMENT OFFERED BY MR. NETHERCUTT Goode McCarthy (MO) Scarborough Ballenger Bliley Burr Goodlatte McCarthy (NY) Schaefer, Dan The CHAIRMAN pro tempore. The Barcia Blumenauer Burton Goodling McCollum Schaffer, Bob unfinished business is the demand for a Barr Blunt Buyer Gordon McCrery Schumer recorded vote on the amendment of- Barrett (NE) Boehlert Callahan Goss McDade Scott Barrett (WI) Boehner Calvert fered by the gentleman from Washing- Graham McDermott Sensenbrenner Bartlett Bonilla Camp Granger McGovern Serrano ton [Mr. NETHERCUTT] on which further Barton Bonior Campbell H3602 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Sessions Stearns Vento (5) Legislation implementing the death There was no objection. Shadegg Stenholm Visclosky penalty was prepared for consideration by Shaw Stokes Walsh the Palestinian Legislative Council, but has b 1500 Shays Strickland Wamp not yet been considered. Sherman Stump Waters Mr. PAXON. Mr. Chairman, I come to (6) Since the pronouncement of senior Pal- Shimkus Stupak Watkins the floor today to discuss a serious estinian leaders, at least three Palestinians Shuster Sununu Watt (NC) matter that threatens the continued Sisisky Talent Watts (OK) have been killed for selling land to Israelis, Skaggs Tanner Waxman some after visits or other scrutiny by Pal- progress toward peace in the Middle Skeen Tauscher Weldon (FL) estinian security officials. There is further East. Early last month we became Skelton Tauzin Weldon (PA) evidence that the killings were committed aware that Yassir Arafat demanded Slaughter Taylor (MS) Weller by Palestinian security officials. that action be taken to prevent the Smith (MI) Taylor (NC) Wexler (7) Three Palestinians were extrajudicially sale of land to Jews. The Palestinian Smith (NJ) Thomas Weygand executed following their sale of land to Is- Smith (OR) Thompson White Authority’s Justice Minister later an- raelis. Smith (TX) Thornberry Whitfield nounced the death penalty, death pen- Smith, Adam Thune Wicker (8) The International Covenant on Civil Smith, Linda Thurman Wise and Political Rights, to which the United alty for any Palestinian who sold land Snowbarger Tiahrt Wolf States is a party, states, ‘‘sentence of death to Jews. Snyder Tierney Woolsey may be imposed only for the most serious Since this announcement, three Pal- Solomon Torres Wynn crimes in accordance with the law in force at estinians who sold land to Jews have Souder Towns Yates the time of commission of the been murdered. There is now a substan- Spence Traficant Young (AK) crime. . . . This penalty can only be carried Spratt Turner Young (FL) tial body of evidence showing the in- out pursuant to a final judgement rendered Stabenow Upton volvement of the Palestinian Author- Stark Velazquez by a competent court.’’. (9) The United States has made a financial ity police officers in these murders. ANSWERED ‘‘PRESENT’’—1 commitment to the Palestinian Authority Two of the victims were interrogated Paul with the understanding that the rule of law just days prior to their murder, and in would prevail, that there would be no official NOT VOTING—8 the case of the third victim, one of the sanction to extrajudicial killings or viola- suspects under arrest is an active duty Farr Livingston Salmon tions of human rights, and that basic prin- Flake Molinari Schiff ciples of peaceful and normal relations would Palestinian Authority police officer. Hall (OH) Rothman be upheld. The Israeli Government now says b 1458 (10) Despite claims to the contrary, there that they have evidence that the chief is no law in Israel forbidding the sale of land of the Palestinian General Security So the amendment was agreed to. to Arabs or people of other ethnicities or na- Service in the West Bank was directly, The result of the vote was announced tionalities. directly involved in carrying out two of as above recorded. (b) DECLARATIONS OF POLICY.—The Con- gress declares the following: these killings. AMENDMENT OFFERED BY MR. PAXON (1) The Congress condemns in the strongest Now, my colleagues, what has been Mr. PAXON. Mr. Chairman, I offer an possible terms the abhorrent policy and the response of Yassir Arafat to these amendment. practice of murdering Palestinians for sales murders? On May 16, Arafat was quoted The CHAIRMAN pro tempore. Is the of land to Jews. Such actions are violations in an Arab newspaper as saying, and I amendment one of those specifically of international law and the spirit of the am quoting him here, listed in the order of the House of June Oslo agreements, casting strong doubt as to whether the Palestinians are in compliance Recently a decision was passed to punish 5, 1997. anyone who sells land, property or homes. Mr. PAXON. Yes, it is, Mr. Chairman. with their commitments to Israel. The Con- gress finds the endorsement and encourage- We are keeping track of land dealers and we The Clerk will report the amend- ment of this practice by the most senior are punishing them. ment. leadership of the Palestinian Authority to be Later in May the Palestinian Justice The Clerk read as follows: reprehensible. Minister expanded this death threat Amendment offered by Mr. PAXON: (2) The Congress demands that this prac- even to Arabs living in Israel outside of At the end of the bill add the following tice of murder and racism be condemned and the control of the Palestinian Author- renounced by the Palestinian leadership and (and conform the table of contents accord- ity. ingly): that it will end immediately. If it does not, the Congress should not permit the provision In brief, my amendment condemns TITLE XVIII—OTHER FOREIGN POLICY of direct aid to the Palestinian Authority the abhorrent policy of murdering Pal- PROVISIONS when the Middle East Peace Facilitation Act estinians for the sale of land to Jews. SEC. 1801. CONDEMNATION OF PALESTINIAN of 1995 is considered for reauthorization. The It also calls upon the Palestinian Au- DEATH PENALTY FOR LAND SALES. Congress urges the President to take this (a) FINDINGS.—The Congress finds the fol- thority to condemn this practice and practice fully into account as he now deter- for the Palestinian Legislative Council lowing: mines whether the Palestinian Authority is (1) In recent weeks, senior officials of the in compliance with its commitments to Is- to reject any legislation imposing the Palestinian Authority have announced that rael, which he must do in accordance with death penalty for the sale of land. the death penalty will be imposed on anyone the Middle East Peace Facilitation Act of After reviewing and discussing this who sells land to a Jew, based on a now-re- 1995. matter with my colleagues, I think it pealed Jordanian law, even in Israel. (3) The Congress strongly urges the Pal- is clear that we must consider termi- (2) Palestinian Authority Chairman Yasser estinian Legislative Council to reject cat- nating direct U.S. assistance to the Arafat stated on May 21, 1997, ‘‘Our law is a egorically legislation imposing the penalty Palestinian Authority when we con- Jordanian law that we inherited . . . and of death on those who sell land to Israelis. sets the death penalty for those who sell (c) TRANSMISSION OF COPIES.—The Clerk of sider extension of the Middle East land to Israelis. . . . We are talking about a the House of Representatives and the Sec- Peace Facilitation Act later this sum- few traitors, and we shall implement against retary of the Senate are directed to transmit mer. them what is written in the law books.’’. copies of this section to the President of the Mr. Chairman, the behavior of Yassir (3) Palestinian Authority Justice Minister United States, the Secretary of State, the Arafat and other members of the Pal- Freih Abu Middein stated on May 5, 1997, ‘‘I United Nations Secretary General, the Unit- estinian Authority is completely unac- warned the land dealers several times ed States Ambassador to Israel, the Consul ceptable, and we must demand that the through the media not to play with fire. For General of the United States in Jerusalem, us, whoever sells land to Jews and settlers is Israel, the Rais of the Palestinian Authority, Palestinian authorities publicly con- more dangerous than collaborators. There- all members of Palestinian Legislative Coun- demn these reprehensible actions and fore, they must be put on trial and sentenced cil, and the office of the Palestine Liberation take necessary steps to ensure that to death . . . they are traitors.’’. Organization in Washington, District of Co- there are no more killings. (4) Palestinian Authority Justice Minister lumbia. I want to be clear: This amendment Freih Abu Middein stated on May 28, 1997, ‘‘it Mr. PAXON (during the reading). Mr. is not directed to the Palestinian peo- is obligatory to forbid the sale of land in Chairman, I ask unanimous consent ple, but to the leadership of the Pal- Ramle, Lod, the Negev, and everywhere else. estinian Authority, whose commitment . . . There are many [land dealers] who have that the amendment be considered as fled from Palestine, but anyone who has bro- read and printed in the RECORD. to the Oslo Accords are certainly called ken this serious law will remain a wanted fu- The CHAIRMAN pro tempore. Is into question by their recent actions. gitive by the Palestinian people, wherever he there objection to the request of the This amendment is necessary today may go.’’. gentleman from New York? because Congress cannot stand by and June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3603 allow the peace process to be wrecked. more dangerous than collaborators. There- Mr. Chairman, I rise in strong sup- I would hope that the Palestinian lead- fore, they must be put on trial and sentenced port of the Paxon amendment, and I ership will heed our warnings today to death. They are traitors. commend the gentleman for bringing and put an end to these murders so The third quote: Palestinian Author- forcefully to this Congress’ attention that this body will not be forced to ter- ity Justice Minister Freih Abu Middein the fact that there is a new campaign minate direct U.S. assistance. stated on May 28, of brutality in the Middle East that I understand that the State Depart- It is obligatory to forbid the sale of land in threatens the lives of innocent people ment is in the process of completing a Ramle, Lod, the Negev, and everywhere else. and the spirit of the peace process. report to determine if the Palestinian There are many land dealers who have fled Imagine this: People whose only from Palestine, but anyone who has broken Authority is in full compliance with all crime is selling privately owned land this serious law will remain a wanted fugi- are being killed because they are sell- of their peace commitments to Israel. I tive by the Palestinian people wherever he would hope that the State Department may go. ing to Israelis. This simply must stop. One might imagine that the Palestin- take notice of this amendment today I submit to my colleagues that this ian leadership, engaged as they are in a and carefully weigh the statements of kind of language is unacceptable, abso- peace process with Israel, would have Yassir Arafat and the recent killings lutely unacceptable and reprehensible been the first to condemn these out- before they make their final certifi- and ought to be condemned in the rageous killings. But that has not been cation. strongest possible words by this legis- the case, far from it. Instead, the Pal- Mr. Chairman, I am pleased to be lative body. Certainly, those of us in estinian leadership have been instiga- joined in this effort by my distin- the Congress that believe in the peace guished colleague and friend from New tors in these killings. process may have disagreements from On May 5, Palestinian Authority Jus- York [Mr. ENGEL] and other Members time to time, but certainly to say that tice Minister Freih Abu Middein an- of this body on both sides of the aisle. they will absolutely murder anybody Mr. ENGEL. Mr. Chairman, I rise in nounced that, ‘‘The death penalty will who sells land to Jews is not something be imposed on anyone who is convicted support of the gentleman’s amend- that any civilized nation should toler- of selling one inch of land to Israel. ment. ate. Even middlemen involved in such deals Mr. Chairman, I join with my good As my colleague from New York will face the same penalty.’’ friend and colleague, the gentleman pointed out, there have already been On May 16, Palestinian Authority from New York [Mr. PAXON] in sponsor- three murders. There is no doubt about Chairman Yassir Arafat said, ‘‘We are ing this amendment today. Certainly it that those people were murdered be- taking forceful steps against those who he said it all. It is an absolute outrage cause they were looked upon as having do this. Recently a decision was passed that we would even think about such a sold land to Jews. We cannot tolerate to punish anyone who sells land, prop- proclamation whereby anybody would this. We cannot put up with this. We erty or homes. We are keeping track of be threatened with death for selling must condemn it. It violates inter- land dealers and punishing them.’’ land to Jews. national law. It is a racist policy. It is Three Arab realtors have now been I ask my colleagues to imagine if the something that every person in this brutally murdered under Palestinian shoe was on the other foot and if it was world and every country that believes control. Israeli security forces have reserved, if the Government or Israel in freedom and democracy ought to collected evidence implicating the Pal- or any other government issued such a condemn in the strongest possible estinian Authority security forces di- decree that if land was sold to another terms. The United States should con- rectly in the assassinations. Incredibly, group, that person would be condemned sider suspending aid that is in this bill. the Palestinian Authority continues to to death? It is just outlandish and out- It does not mandate it, it says we strongly defend the acts. The justice rageous to even think that this could should consider it, because I think Minister stated on June 1, ‘‘I advise the happen. there has to be some kind of account- land dealers to commit suicide instead Mr. Chairman, we call on the Pal- ability. of getting killed and having their bod- estinian Authority to condemn this Mr. Chairman, at what point do we ies thrown here and there.’’ practice. Simple enough, it ought to be say enough is enough? At what point In addition, the Palestinian Author- condemned. If you say you are for do we say that actions speak louder ity has marked 16 other Arab realtors peace, if you are for the peace process, than words? We need to absolutely say for death and turned over their names if you believe in coexistence, then this that it is not enough to say you are for to Palestinian Authority security orga- practice should be condemned. peace, but on the other hand, you make nizations for execution, according to We do not believe that it ought to be these kinds of proclamations and you Israeli defense officials. Fortunately, coddled, we do not believe that the Pal- sort of judge it and say I will play it Israel has been able to foil some of estinian Authority, whether it is Mr. both ways. We cannot agree to have these attempted executions. On May 31, Yassir Arafat or anybody else, ought to the Palestinian Authority say one Israeli police arrested six heavily again be allowed to speak out of 16 thing in English for American con- armed Palestinians, at least four of sides of his mouth. sumption, American television con- whom were Palestinian Authority po- Now, I am very, very disturbed be- sumption, and quite another thing in licemen, during the attempted abduc- cause I would like to read into the their own language to their own peo- tion of Assad Rajabi, a Palestinian RECORD some quotes. In recent weeks, ple, certainly when we are talking resident of Jerusalem. Also on May 31, some officials of the Palestinian Au- about murdering people. three Palestinian Authority policemen thority have announced that the death Let me say one final thing. These are attempted to break into the Jerusalem penalty will be imposed on anyone who Palestinians that were murdered by home of Mohammed Abu-Meleh. When sells land to a Jew, based on a now re- Palestinians. These are people that family members began screaming, Arab pealed Jordanian law, even in Israel. were condemned to death because they soldiers arrived and the Palestinian Now, listen to this: Palestinian Au- were perceived as selling lands to Jews. Authority policemen fled. thority Chairman Yassir Arafat stated So this is nothing that is inherent in These extrajudicial murders and on May 21 of this year, and I quote, an Arab-Israeli conflict. These are Pal- their endorsement by the Palestinian Our law is Jordanian law that we inherited estinians murdering Palestinians, and Authority leadership cast strong doubt and sets the death penalty for those who sell it ought to be condemned in the on the leadership’s commitment to land to Israelis. We are talking about a few strongest possible terms. peace. The Palestinians must be on no- traitors, and we shall implement against Mr. Chairman, I commend my col- tice that these senseless acts must them what is written in the law books. league from New York [Mr. PAXON] for stop. The vigilante murder of realtors Another quote: Palestinian Author- putting forth this resolution with me by Palestinian security officials is an ity Justice Minister Freih Abu Middein and others who are going to speak, and egregious violation of human rights on May 5 said, I urge a very, very strong ‘‘yes’’ vote and of international norms. The I warned the land dealers several times from my colleagues. killings must be renounced by the Pal- through the media not to play with fire. For Mr. GINGRICH. Mr. Speaker, I move estinian leadership and end imme- us, whoever sells land to Jews and settlers is to strike the last word. diately. If not, I, for one, will actively H3604 CONGRESSIONAL RECORD — HOUSE June 10, 1997 oppose the continuation of any aid to the other party is perceived as an act Israeli from inclusion on their map, the Palestinian Authority. of treason. but it is still a part of their map. This is the kind of action we identify The Israeli press, for example, has We have heard speeches aplenty from with Nazis. This is the kind of racist given extended coverage to a pro- Yasser Arafat, one set of words in Eng- activity that the planet holds to be tracted and very ugly legal battle in Is- lish and yet another set of words, quite reprehensible and unacceptable. rael where one Israeli Jew has filed different, in his native tongue. So when Mr. Arafat, you owe it to the world suit against an Israeli Jewish neighbor we began to hear in the media and hear to stop this kind of killing, to protect for selling their family home to an Is- other reports that there was a new Pal- people engaged in decent commerce, raeli Arab. The Israeli Jewish family estinian policy or a reawakened Pal- and I think everybody in the United who sold the home has been subject to estinian policy of threatening to kill, States should take notice. There can be extreme harassment, as well as to in the beginning, those who sold land no peace process with murders, tortur- court action. to Israelis, and particularly to Jews, ing, and killings of innocent people Mr. Chairman, I highlight this case and then later when we heard that in only because they sold to somebody only to underscore how sensitive an fact, Palestinians who carried out that who might not be racially or reli- issue we are confronting here, and how act that we consider in a free society giously acceptable. That is the behav- extensive the sensitivities are on the an act of daily commerce, without dis- ior of Nazis. That is not a behavior part of all parties. I support this crimination, in this country, at least, that this country will tolerate. amendment because I do not support and in most of the Western world, and, For every person who went to the anyone being put to death for the sale in fact, in most of the world, about who Holocaust Museum, consider carefully of land. I am critical of the lack of ad- can sell land to whom; when we saw how it begins. Look at what is happen- herence to the rule of law by the Pal- that policy carried out at least on ing in Palestine now. Mr. Arafat, I estinian authority. I understand; there three occasions when Palestinians think it is time for you to publicly con- are legitimate concerns about various were, in fact, killed, exhibiting or car- demn it. It is time for your security activities involving land sales at this rying out their rightful act of com- forces to provide security to the inno- point. I want to underscore to the Pal- merce, selling land to others, it re- cent, and we serve notice that the estinians and the Israelis the impor- minded, I guess, the Western world United States, at least this House, is tance of resolving these disputes when that perhaps those of us who have been paying careful attention to deeds, not they occur on an individual level talking about the recognition of Israel simply words. through a credible legal process, and on as was promised, who have been talk- Mr. HAMILTON. Mr. Chairman, I the larger level of issues between the ing about the condemnation by the move to strike the requisite number of parties at the negotiating table. I urge Palestinian Authority of terrorism, words. the adoption of the amendment. who have been talking about the use of Mr. Chairman, I rise in support of the Mr. SAXTON. Mr. Chairman, I move the territory or the country of Israel amendment, and I want to commend to strike the requisite number of included in the map of Palestine, and the two gentlemen from New York, words. who have listened carefully in Arabic [Mr. PAXON] and [Mr. ENGEL], and the Mr. Chairman, I would like to first and in English to Yasser Arafat’s gentleman from Florida [Mr. DEUTSCH], commend the gentleman from New speeches; in short, I think it would be and the gentleman from New Jersey York [Mr. PAXON], the gentleman from good to say that if Yasser Arafat does [Mr. SAXTON], for introducing this New York [Mr. ENGEL], and the gen- change his actions, we are all for peace. amendment and pushing it forward. tleman from Florida [Mr. DEUTSCH] for But in light of the fact that Yasser I think no matter how any of us bringing this matter to the floor. Arafat has established a clear track might feel about the death penalty, all Mr. Chairman, as everyone has heard record, the most dramatic part of of us would find it deeply troublesome here today, it is not pleasant but it is which is killing his own people who sell that it might be applied to someone in- not difficult to describe the actions of land to Jews, it seems to me that it is volved in a commercial transaction, the Palestinian Authority and their incumbent upon us to follow the lead- the sale of land, and that it would be policy, which is simply stated as: ership of those who say that we should applied based on an ethnic, religious, Death to those who would sell land to not support this type of a regime. or nationalist identity of the buyer or Jews and other Israelis. The question to my fellow Members the seller. Unfortunately, there have been those is simply this: What kind of regime are of us who have stood in this well a year b 1515 we supporting, with upward of $100 mil- ago and 2 years ago and suggested that lion a year in financial assistance? A It is simply outrageous, as the things were not as we all had hoped regime that has this record, that has Speaker has said and others, that any they would be with the peace process. been spelled out clearly by other Mem- member of the Palestinian leadership This is perhaps the most dramatic ac- bers before me here today, including would make any statement that, im- tion that has been taken that serves as the Speaker. Is this regime going to plicitly or otherwise, endorses individ- an example, but only one of a number uphold basic human rights or human uals taking the law into their own of examples, of the attitude of the lead- law? Their record clearly, clearly sug- hands to carry out acts of vengeance ership of the Palestinian Authority, of gests otherwise. against other Palestinians who may be course, involving most directly Yasser Mr. Chairman, therefore I join with involved in such land sales. Arafat. those who say today that it is time for The Palestinian authority has made Over the last 2 years in particular, us to take stock, review our policy on some positive steps toward establishing we have time and again called upon the aid to the Palestinian Authority, and I accountable institutions of governance. Palestinian Authority to recognize the urge all Members to vote in the affirm- I believe they are trying to establish a right of Israel to exist. But instead, we ative on this amendment. system based on the rule of law. But as heard nothing. We also called, time and Mr. DEUTSCH. Mr. Chairman, I move the instances that have been called to again, for the fulfillment of the prom- to strike the requisite number of our attention show, they have a very ise that Yasser Arafat made in the Oslo words. long way to go. These statements that Accords and in subsequent statements Mr. Chairman, I think for most of us have been quoted by their leaders are a when he promised to condemn terror- in the Congress and most Americans, if definite step backward. ism but never did. we have heard about the statements of I want to make clear that all of us We also view a map of Palestine on the Justice Minister of the Palestinian should understand just how sensitive Palestinian letterhead which includes Authority or, for that matter, if we the transfer of land by Palestinians to the land of Israeli, and we have spoken have heard or read the statements of Israelis and Israelis to Palestinians is. out as forcefully as we could to suggest Yasser Arafat himself on this issue, it Who controls that land is one of the to the Palestinian Authority that it is almost impossible for us to believe central issues with which the peace would be a good idea to remove that that they have actually said what they process must grapple. For many Israe- parcel of land that is known to the have said. The statements, which, in lis and Palestinians, the sale of land to West and to the world as the State of fact, have led to deeds as well, are so June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3605 far from any concept that we as a soci- that the responsibility of Yasser Arafat Secretary of State Madeleine Albright. ety and we as a world society hold as is not to call for the death of Jews or An additional $1.25 million has been on values that we want to live by, it is the death of Arabs that sell property to hold, funds that were intended to be just absolutely almost literally unbe- Jews, but his responsibility is clearly spent on training for the finance min- lievable. to condemn that activity, to do every- istry staff, until repudiation of this There are particular parts of the thing within his power to prevent it practice takes place. statements, and the activities, I think from happening. That is the partner The Paxon-Engel amendment, Mr. are particularly offensive. It truly is a who will bring peace and that is the Chairman, also expresses strong doubt pleasure this afternoon to join the partner who we, the United States, that the Palestinians are in compliance Speaker in his comments toward this need as our partner in this process if with their commitments to Israel be- point as well. Because the statements we are to achieve peace in that part of cause of this despicable practice, which have not just been to prohibit com- the world. is in violation of the spirit of the Oslo merce, but the statements absolutely, He must do it. If he does not, I be- accords and of international law. This specifically have been directed against lieve very clearly that this Congress amendment also urges the President to Jews. will take appropriate action as well. take this practice fully into account in It is a scary thing, it is a scary thing Mr. GILMAN. Mr. Chairman, I move determining when the Palestinian Au- in 1997 that someone who is a leader by to strike the requisite number of thority is in compliance with its com- definition on the world stage, a leader words. mitments. by definition in the Middle East, Yas- Mr. Chairman, I want to take this op- Accordingly, Mr. Chairman, this ser Arafat, at the present time specifi- portunity to thank the gentleman from amendment is fully supported and ac- cally says that if someone sells prop- New York [Mr. PAXON] and the gen- cepted by our committee, with the erty to a Jew that the death penalty is tleman from New York [Mr. ENGEL] for hope that Chairman Arafat and the an appropriate punishment, without taking the initiative and offering a Palestinian Authority and this admin- mincing words, without hiding it; say- sense-of-Congress amendment for our istration will closely heed our grave ing the same in English and Arabic in conversation relating to the congres- congressional concerns. I invite my terms of his statements: that if some- sional condemnation of the disclosure colleagues to fully support this meas- one sells property to a Jew, the appro- of the death penalty for land sales to ure. priate penalty is death. Jews by Palestinians and its support by Mr. NADLER. Mr. Chairman, I move It is hard in some ways to conceive Chairman Yasser Arafat. to strike the requisite number of how the Israelis can stay in the peace I also want to thank the Speaker, the words. process and negotiate with someone gentleman from Georgia [Mr. GING- I rise in strong support of this who has that frame of reference, who RICH], for his eloquent remarks in sup- amendment, and I would like to join speaks that way, and, in fact, on many port of this amendment. In recent my colleagues in congratulating the occasions has acted that way as well. weeks senior officials of the Palestin- gentleman from New York [Mr. There is no alternative to a peace ian Authority announced that the PAXON], the gentleman from New York process, but I think that my colleagues death penalty would be imposed on [Mr. ENGEL], and the gentleman from and the American people unfortunately anyone who sells land to Jews, and Florida [Mr. DEUTSCH] for introducing need to understand some of the chal- three Palestinian men have been mur- it. lenges that the Israelis are literally dered, most likely by Palestinian Au- Mr. Chairman, this amendment living and occasionally dying with in thority security forces, despite the would express the sense of Congress to terms of their partners in peace. lack of any legislation implementing condemn the Palestinian Authority for It is also, again, not just the state- the death penalty by the Palestinian its policy and practice of executing ments but what appears, unfortu- Legislative Council. Palestinians who sell land to Jews. nately, to be consistent evidence of This policy we have heard described b 1530 state apparatus being used to kill peo- today is an obnoxious policy and an il- ple for that action up to the point that Approximately 1 month ago, I wrote legal policy, a racist policy; obviously, has been mentioned, but just abso- to Palestinian Legislative Council it is all those. lutely incredulous that it occurred, and Speaker Ahmed Kurei urging that the We have also heard that Chairman irrefutably this occurred; that mem- Palestinian Legislative Council not Arafat on occasion, I spoke to one bers of the Palestinian police force ac- take up such a heinous proposal. The Member who told me that Chairman tually entered Israel, kidnapped some- United States has provided substantial Arafat looked him in the eye and said, one who was a land trader, and but for assistance to the Palestinians based on ‘‘We do not condone this, we condemn really luck and circumstance, were the assumption that the rule of law this.’’ Chairman Arafat has a long his- prevented from leaving Israel and the would prevail, that there would be no tory of condoning things in one sphere, kidnapping was foiled by Israeli secu- official sanctions to extrajudicial to one audience, and condemning them rity forces, and using state apparatus killings or any violations of human to another, or promoting them to one to carry through this incredulous rights, and that basic principles of audience and denying them to another. threat and action. peaceful and normal relations would be Mr. Chairman, Yasser Arafat said the Mr. Chairman, I urge my colleagues adopted. following. He said: ‘‘We are taking to support this amendment. I think it Regrettably, the situation in the Pal- forceful steps against those who do is a clear statement that we are mak- estinian autonomous region has dete- this. Recently, a decision was passed to ing that as partners in a peace process, riorated considerably, and the respect punish anyone who sells land, property and the Palestinian Authority is the for human rights has been sorely lack- or homes. We are keeping track of land United States’s partner in the peace ing. Accordingly, this amendment dealers and punishing them.’’ This was process, this is not just a peace process notes that Congress condemns in the an interview with the Lebanese news- involving the Israelis and the Palestin- strongest possible terms the abhorrent, paper Al-Hawadath on May 16, 3 weeks ians, the United States of America, the abominable policy and practice of ago. this Congress, the American people are murdering Palestinians for sales of ‘‘We are keeping track of land dealers part of that process as well. We are a land to Jews, and we demand that this and punishing them.’’ Well, what does part of it in many ways. We are a part practice not only be condemned and re- punish mean? of it directly in terms of our aid, and nounced by the Palestinian leadership Mr. Arafat’s appointee as justice we are part of it in terms of our sup- but that it end immediately. minister, Freih Abu Middein said last port at every level. It is a well known This amendment further notes the week, on June 4: ‘‘The land dealers fact that both Oslo I and Oslo II were sense of Congress in withholding direct must learn a lesson.’’ This is the Pal- signed in the city of Washington. assistance to the Palestinian Author- estinian Authority justice commis- But I think what is clear and what ity, supporting correspondence that sioner. ‘‘We have a list of names. The we are saying is that there is a limit to the Senate International Relations people included on the list and others our partnership. It is absolutely clear Chairman HELMS and I recently sent to shall be put on trial. The list includes H3606 CONGRESSIONAL RECORD — HOUSE June 10, 1997 more than 310 names.’’ Interviewed is one further indication of basic toward the outside world, not only to with Al-Ayyam. They will be put on untrustworthiness. If this is not re- Jews but to Christians as well. And it trial. versed very quickly, we will have to is an area in which this country must And then he says, a day later in the conclude that the peace process may stand, as the Speaker said, and stand Washington Post, the same justice not be won, may not go in the direction strong as a world leader. minister, ‘‘Since we are talking about it should go. And so, Mr. Chairman, I, With that, Mr. Chairman, I would say committing suicide, I advise the land therefore, support this amendment, that we rise, I believe all of us, 100 per- dealers to commit suicide instead of and I hope it may be somewhat effec- cent, in support, and we would like to getting killed and having their bodies tive in causing the Palestinian Author- thank the gentleman from New York thrown here and there.’’ So that is ity to rethink its course and to decide [Mr. ENGEL], the gentleman from New what a trial means to the Palestinian finally that if peace is to be achieved, York [Mr. PAXON], and the gentleman Authority justice minister. a little honesty and sincerity on the from New Jersey [Mr. SAXTON]. When Chairman Arafat says, ‘‘We part of the Palestinians is necessary. Mrs. LOWEY. Mr. Chairman, I move will punish them,’’ obviously this is Mr. CUNNINGHAM. Mr. Chairman, I to strike the requisite number of what they mean. Extrajudicial punish- move to strike the requisite number of words. ment, murder of people for ex post words. Mr. Chairman, I rise today in strong facto sins, the sins being committed Mr. Chairman, I would like to thank support of this amendment which con- before the announcement that it was a the gentleman from New York [Mr. demns the deplorable policy and prac- terrible thing to do, and this terrible PAXON] and the gentleman from New tice of murdering Palestinians because thing being sale of land to Jews. We York [Mr. ENGEL], but I would also let they have sold land to Jews. understand that sale of land to Jews by them know that the Members from I want to thank my colleagues the Arabs, or vice versa, for that matter, is California and I think every Repub- gentleman from New York [Mr. ENGEL], a sensitive matter and a topic for dis- lican and Democrat in this House and the gentleman from New York [Mr. cussion, but not a topic for a cause for in the Senate will be supportive of this PAXON], and the gentleman from New murder. amendment. Jersey [Mr. SAXTON] for introducing Mr. Chairman, we have to under- Will we have peace in the Middle this amendment. There has been con- stand, when we look at this, in what East? I do not believe so in my life- siderable evidence in recent weeks that context this happens. We keep talking time. I have been in Israel, like many Palestinian officials have endorsed, ei- about the peace process, but rarely do of the Members. I flew there, flew ther directly or tacitly, the death pen- we hear it mentioned, rarely are we re- fighters in Israel. I think that there alty for Palestinians who sell land to minded of how asymmetrical the peace will be a tempo of high activity and a Jews. As a result, at least three Pal- process is. What is this basic peace tempo of low activity. But in our life- estinian businessmen have been ruth- process that we keep talking about? time, I do not believe that there will be lessly murdered. This must not be al- The basic idea of the Oslo accord, the peace. I think from Ronald Reagan to lowed to happen again. basic idea of the Oslo accord is that Is- George Bush to President Clinton, that Whether Palestinian officials have rael is to surrender something tan- that effort, that what we need to do is explicitly supported this policy or ap- gible, control over land, in return for keep the pressure on to keep moving in proved of it with a wink or a nod is ir- something intangible, promises of se- that direction, just like we must in relevant. The facts are that Palestin- curity; that the Arabs, the Palestin- Bosnia as well. ians are being killed for selling land to ians, are to promise that they have But I think we do not have to go very Jews and the Palestinian authority has given up their hope of destroying Israel far. There is part of a bigger problem done nothing to stop it. This amend- and murdering its entire population that I would like to speak to my col- ment calls on all Palestinian officials and driving it into the sea, which of leagues about. This is a symptom of a to unequivocally condemn this policy course has been the official position of much larger problem. All you have to and bring the murderers to justice now. the Palestinians, of the PLO, for dec- do is look inwardly to our own country. Mr. Chairman, the United States has ades. They are supposed to promise This last month, all you had to do is afforded the Palestinian authority sev- ‘‘We have given that up.’’ They have be a cop in Washington, DC, and three eral benefits that come with inter- said they have. of them were executed; or it was not nationally recognized autonomy. We They are supposed to repeal the char- too long ago and even today that you have entered into cooperative agree- ter which calls for abolishing Israel could end up buying a home in the ments with them on regional issues. and eliminating all its population. wrong district, the wrong neighbor- We have engaged in direct diplomatic They are supposed to show by deed that hood, and you could end up with a negotiations with them. We have pro- they are against terror, against armed burning cross on your front yard and, vided them with economic assistance. attack against Israelis, and not only yes, you could be killed. This is a In return we must demand adherence condemn it but do everything they can symptom of what we are seeing, I to the rule of law. These recent to capture terrorists, to prevent terror- think, in the Middle East as well. killings, which have even been linked ism, to give information to the Israelis, But there is a much larger, bigger to Palestinian security officials, rep- to cooperate in stopping this, in return problem of the terrorist activity. It resent a total disregard for the rule of for which they are to be given control was recently stated that in Iran there law. We must demand more. If the par- over land, for peace. was a moderate cleric appointed and ties are going to work together in the It is a lot to ask of someone to give that possibly our negotiations with Middle East to bring a real peace to something tangible, land, control, con- Iran might be easier. I think that is an that region, and I for one heartily en- trol from which they can exercise oxymoron, a moderate cleric. Because dorse our active work as facilitators to measures to enhance their own safety if you look around the world between work with the parties to move us clos- and security, in return for something Iraq, Iran, and Libya, where most of er to peace, then we must demand more intangible, promises, words and pieces the fundamentalist Islamic groups from the parties. of paper. But at least if that peace come out of are those three countries. I rise in strong support of this process is going to work, the whole Just like in France and England and amendment, Mr. Chairman, and urge idea, we should spend a few years be- Germany and, yes, even on our World its adoption. fore we got to the final status negotia- Trade Center, these are all symptoms b tions and give the Palestinians an op- of the same despicable disease called 1545 portunity to show that they meant it, bigotry and Islamic fundamentalism. Mr. FOX of Pennsylvania. Mr. Chair- that they would in fact repeal the char- I think that if you look at Bosnia man, I move to 8strike the requisite ter eliminating, promising to eliminate today, Izetbegovic, the Islamic leader number of words. Israel, that they would stop terrorism. in Bosnia, has over 10,000 Mujahedin There can be peace in the Middle I regret to say they have not been and Hamas that have assembled in that East in our lifetime, as long as all par- showing this and this policy of murder- country, which is a real threat to this ties live up to their end of the bargain. ing Palestinians who sell land to Jews country, with the same kind of bigotry However, the Palestinian authority, June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3607 under the leadership of Yasser Arafat, vision of law, assistance under chapter 1 of Laurent Kabila, leader of the Alli- who professes to be a partner for peace part I of the Foreign Assistance Act of 1961 ance of the Democratic Forces for the in the Middle East, does things that (relating to development assistance) and liberation of the Congo, has done what show the opposite is his real intention. under chapter 10 of part I of such Act (relat- so many others have wanted to do for ing to the Development Fund for Africa) may the people of Zaire for 32 years; to rid He issues an edict that those Palestin- be made available for the Democratic Repub- ians who sell land to Jews will be lic of Congo. it of Mr. Mobutu. killed. In fact, three Palestinians have Today 1.1 million refugees as well re- Mr. PAYNE (during the reading). Mr. turned to Rwanda and Burundi. The al- already been killed and a fourth kid- Chairman, I ask unanimous consent napped. Arafat’s actions show he is not liance has the support of the neighbor- that the amendment be considered as ing countries of Burundi, Rwanda, a partner for peace. read and printed in the RECORD. Moreover, Arafat does not remove Zambia, and Angola. The CHAIRMAN pro tempore. Is I am not a pro- or anti-Kabila person, from the Palestinian charter that there objection to the request of the clause which calls for the destruction but I feel that we must start to assist gentleman from New Jersey? the Congo in getting over the tremen- of Israel. Again, Arafat’s action shows There was no objection. he is not a partner for peace. dous harm done by the Mobutu regime. The CHAIRMAN pro tempore. Pursu- I met with Mr. Kabila in Goma in Yet in Israel, through the Prime Min- ant to the order of the House of June 5, January of this year and traveled to ister, Netanyahu, he has complied with 1997, the gentleman from New Jersey the Congo recently with Mr. CAMPBELL the Oslo Accords and the peace process [Mr. PAYNE] and a Member opposed and met with Mr. Karaha, the foreign by having his government withdraw each will control 5 minutes. affairs minister, and Mr. Mawapanga, from Hebron, by restoring funds to the The Chair recognizes the gentleman the finance minister. Both ministers Palestinian authority that were prom- from New Jersey [Mr. PAYNE]. were very qualified and seemed anxious ised, and by returning prisoners who Mr. PAYNE. Mr. Chairman, I rise in to begin to move the country forward had actually committed crimes against support of lifting the ban on all hu- to improve the quality of life for the Israelis. manitarian assistance previously people in that distressed land. I stand to support the Paxon-Engel blocked for Zaire, now the Democratic Mr. Kabila stated at that time that amendment because I believe it will Republic of Congo. he would hold elections within 2 years. help bring about peace, but we can only My amendment also includes waiving It is my understanding that Mr. Kabila have that peace if we start having posi- section 620(q) as it pertains to the will bring about a transitional govern- tive actions from Mr. Arafat to match Brooke amendment, specifically in re- ment. his words when he calls for peace. gard to the Democratic Republic of It would behoove us to help bring Mr. LINDER. Mr. Chairman, I rise today to Congo. We used these waivers in the calm and order and, if possible, use our denounce in the strongest possible terms the past for Egypt, Ethiopia, and Nica- influence to allow the people to learn ghastly policy of the Palestinian Authority, ragua when we wanted to assist our al- how democracy works and to assist which imposes the death penalty on Palestin- lies. that country as it moves toward de- ians who would sell their land to a Jew. Clear- Mr. Chairman, the Brooke amend- mocracy. ly, this abhorrent practice is contrary to the ment was placed on Zaire in 1991 when There are no roads, no independent Oslo agreements, international law, and com- the corrupt dictatorship of Mr. Mobutu media, no functioning police, and there mon decency. was in full force. On April 17 of this has not been a census taken in years. I would like to join my colleaguesÐthe gen- year, the gentleman from California Some believe that there are between 40 tlemen from New York, Mr. PAXON and Mr. [Mr. ROYCE] and I, along with all the and 50 million people in Zaire, but no ENGEL, the gentleman from New Jersey, Mr. members of the Subcommittee on Afri- one really knows. SAXTON, and the gentleman from Florida, Mr. ca, introduced H.R. 115, a bill that When I began my statement, I re- DEUTSCHÐin condemning the actions of the called on Mobutu to step down as ferred to a former U.S. policy in Africa Palestinian Authority. President of Zaire. H.R. 115 was passed that was dictated by the cold war. Now Time and time again, the United States has overwhelmingly by this House and in that the cold war is over, I think we tried to work with the Palestinian Authority in response Mobutu Sese Seko resigned need to assist in areas where we can to good faith, but our efforts have not been recip- last month and no longer can harm the move toward a new democratic society rocated. We can not help this holy region to- people of the Congo. in these former dictatorial countries. Mr. Chairman, I would ask that we ward peace of one of the parties abandons all This bill is symbolic in that it was continue to monitor and that we work sense of decency and order. the first step in getting rid of the cruel toward planning and assisting this I urge my colleagues to support this con- dictators in Africa, several of whom country move toward elections, and I demnation, and I urge Mr. Arafat to renounce still exist, that prevent true democracy would hope that we would have support this practice of murder and racism. from flourishing. for this resolution. The CHAIRMAN pro tempore (Mr. Before I came to Congress and for The CHAIRMAN pro tempore. Does EWING). The question is on the amend- many years after that, I have spoken any Member seek time in opposition to ment offered by the gentleman from out on the corrupt military regime of Mr. Mobutu. It is alleged that Mr. the amendment? New York [Mr. PAXON]. Mr. GILMAN. Mr. Chairman, I ask Mobutu has a wealth of several billion The amendment was agreed to. unanimous consent that I be allowed to dollars in foreign bank accounts. I in- AMENDMENT OFFERED BY MR. PAYNE claim the time in opposition. Mr. PAYNE. Mr. Chairman, I offer an troduced in the 102d Congress, in 1993, a The CHAIRMAN pro tempore. With- amendment. resolution calling for the administra- out objection, the gentleman from New tion to draw on its power to have Mr. The CHAIRMAN pro tempore. Is the York [Mr. GILMAN] is recognized for 5 amendment one of those specifically Mobutu resign and leave Zaire. minutes. listed in the order of the House of June We all know that the Mobutu regime There was no objection. 5, 1997? started with Patrice Lumumba, who (Mr. GILMAN asked and was given Mr. PAYNE. No, it is not. was captured and killed back in the permission to revise and extend his re- The CHAIRMAN pro tempore. The early 1960’s, and there were consider- marks.) Clerk will report the amendment. able activities during the cold war. Mr. GILMAN. Mr. Chairman, there is The Clerk read as follows: Zaire suffered from 75 years of Belgium a new beginning in the Democratic Re- colonialism, then France’s influence on Amendment offered by Mr. PAYNE: At the public of Congo. The old kleptocratic end of the bill add the following (and con- the continent, first as a colonial ruler regime of Mobutu Sese Seko is now in form the table of contents accordingly): of most of the western and central the ash bin of history and, in many TITLE XVIII—MISCELLANEOUS parts of the continent, then as eco- ways, the lives of the Congolese people PROVISIONS nomic and political patron of the can only improve. postindependent governments. Zaire SEC. 1801. ASSISTANCE TO THE DEMOCRATIC RE- Nevertheless, it is far too early to PUBLIC OF CONGO. followed with 7 years of chaos and 31 judge the merits of the new Kabila re- Notwithstanding section 620(q) of the For- years of Mobutu’s dictatorship, laying gime. A delegation led by a former col- eign Assistance Act of 1961 or any other pro- a foundation for its current crisis. league, and now Ambassador to the H3608 CONGRESSIONAL RECORD — HOUSE June 10, 1997 United Nations, Bill Richardson, re- fused to register independent trade unions nesia do not confiscate materials from or turned from Kinshasa only a few hours such as the Indonesian Prosperity Trade otherwise engage in illegal raids on the of- ago. Another delegation from the Union (SBSI), has arrested Muchtar fices or homes of members of both domestic Agency for International Development Pakpahan, the General Chairman of the or international nongovernmental organiza- SBSI, on charges of subversion, and other tions, including election-monitoring organi- is still in the Congo and will not return labor activists, and has closed the offices and zations, legal aid organizations, student or- for 2 more weeks. And right now the confiscated materials of the SBSI. ganizations, trade union organizations, com- administration has no plan for any as- (3) Civil society organizations in Indonesia, munity organizations, environmental organi- sistance to the Congo. such as environmental organizations, elec- zations, and religious organizations. The Committee on International Re- tion-monitoring organizations, legal aid or- (3) ACCOUNTABILITY FOR ATTACK ON PDI lations has not been asked by the ad- ganizations, student organizations, trade HEADQUARTERS.—As recommended by the ministration to waive the Brooke union organizations, and community organi- Government of Indonesia’s National Human Rights Commission, the Government of Indo- amendment, and many questions re- zations, have been harassed by the Govern- ment of Indonesia through such means as de- nesia has investigated the attack on the main about human rights and the tentions, interrogations, denial of permis- headquarters of the Democratic Party of In- treatment of the Rwandan Hutu refu- sion for meetings, banning of publications, donesia (PDI) on July 27, 1996, prosecuted in- gee populations. On Sunday, an article repeated orders to report to security forces dividuals who planned and carried out the in the Washington Post detailed nu- or judicial courts, and illegal seizure of docu- attack, and made public the postmortem ex- merous allegations of massacres of in- ments. amination of the five individuals killed in nocent civilians by Kabila’s troops in (4)(A) The armed forces of Indonesia con- the attack. eastern Congo. tinue to carry out torture and other severe (4) RESOLUTION OF CONFLICT IN EAST TIMOR.— Today, human rights organizations violations of human rights in East Timor, Irian Jaya, and other parts of Indonesia, to (A) ESTABLISHMENT OF DIALOGUE.—The and humanitarian agencies still do not detain and imprison East Timorese and oth- Government of Indonesia is doing everything have access to large portions of eastern ers for nonviolent expression of political possible to enter into a process of dialogue, Congo, the location of many of the ref- views, and to maintain unjustifiably high under the auspices of the United Nations, ugees. troop levels in East Timor. with Portugal and East Timorese leaders of While these questions may all be an- (B) Indonesian civil authorities must im- various viewpoints to discuss ideas toward a swered satisfactorily in due time, I do prove their human rights performance in resolution of the conflict in East Timor and not intend to oppose the amendment at East Timor, Irian Jaya, and elsewhere in In- the political status of East Timor. (B) REDUCTION OF TROOPS.—The Govern- this time. I will note that this is only donesia, and aggressively prosecute viola- tions. ment of Indonesia has established and imple- one stage in the legislative process. In (5) The Nobel Prize Committee awarded the mented a plan to reduce the number of Indo- the coming days, before we go to con- 1996 Nobel Peace Prize to Bishop Carlos nesian troops in East Timor. ference, we will be putting the Kabila Felipe Ximenes Belo and Jose Ramos Horta (C) RELEASE OF POLITICAL PRISONERS.—Indi- government on notice to support de- for their tireless efforts to find a just and viduals detained or imprisoned for the non- mocracy and human rights before aid peaceful solution to the conflict in East violent expression of political views in East Timor. Timor have been released from custody. can go forward. (5) IMPROVEMENT IN LABOR RIGHTS.—The Mr. Chairman, we are pleased at this (6) In 1992, the Congress suspended the international military and education train- Government of Indonesia has taken the fol- time to accept the gentleman’s amend- ing (IMET) program for Indonesia in re- lowing actions to improve labor rights in In- ment. sponse to a November 12, 1991, shooting inci- donesia: The CHAIRMAN pro tempore. The dent in East Timor by Indonesian security (A) The Government has dropped charges question is on the amendment offered forces against peaceful Timorese demonstra- of subversion, and previous charges against by the gentleman from New Jersey tors in which no progress has been made in the General Chairman of the SBSI trade union, Muchtar Pakpahan, and released him [Mr. PAYNE]. accounting for the missing persons either in that incident or others who disappeared in from custody. The amendment was agreed to. (B) The Government has substantially re- AMENDMENT OFFERED BY MR. KENNEDY OF 1995–96. (7) On August 1, 1996, then Secretary of duced the requirements for legal recognition RHODE ISLAND State Warren Christopher stated in testi- of the SBSI or other legitimate worker orga- Mr. KENNEDY of Rhode Island. Mr. mony before the Committee on Foreign Re- nizations as a trade union. (c) UNITED STATES MILITARY ASSISTANCE Chairman, I offer an amendment. lations of the Senate, ‘‘I think there’s a AND ARMS TRANSFERS DEFINED.—As used in The CHAIRMAN pro tempore. Is the strong interest in seeing an orderly transi- this section, the term ‘‘military assistance amendment one of those specifically tion of power there [in Indonesia] that will and arms transfers’’ means— listed in the order of the House of June recognize the pluralism that should exist in (1) small arms, crowd control equipment, 5, 1997? a country of that magnitude and impor- armored personnel carriers, and such other Mr. KENNEDY of Rhode Island. Yes, tance.’’ items that can commonly be used in the di- (8) The United States has important eco- it is, Mr. Chairman. rect violation of human rights; and The CHAIRMAN pro tempore. The nomic, commercial, and security interests in (2) assistance under chapter 5 of part II of Indonesia because of its growing economy the Foreign Assistance Act of 1961 (22 U.S.C. Clerk will report the amendment. and markets and its strategic location The Clerk read as follows: 2347 et seq.; relating to international mili- astride a number of key international straits tary education and training or ‘‘IMET’’), ex- Amendment offered by Mr. KENNEDY of which will only be strengthened by demo- Rhode Island: At the end of the bill add the cept such term shall not include Expanded cratic development in Indonesia and a policy IMET, pursuant to section 541 of such Act. following (and conform the table of contents which promotes political pluralism and re- accordingly): spect for universal human rights. Mr. KENNEDY of Rhode Island (dur- DIVISION C—MISCELLANEOUS (b) SENSE OF THE CONGRESS.—It is the sense ing the reading). Mr. Chairman, I ask PROVISIONS of the Congress that the United States unanimous consent that the amend- SEC. 2001. SENSE OF THE CONGRESS RELATING should not provide military assistance and ment be considered as read and printed TO INDONESIA MILITARY ASSIST- arms transfers for a fiscal year to the Gov- in the RECORD. ANCE. ernment of Indonesia unless the President The CHAIRMAN pro tempore. Is (a) FINDINGS.—The Congress finds the fol- determines and certifies to the Congress for there objection to the request of the lowing: that fiscal year that the Government of In- gentleman from Rhode Island? (1)(A) Despite a surface adherence to demo- donesia meets the following requirements. There was no objection. (1) DOMESTIC MONITORING OF ELECTIONS.— cratic forms, the Indonesian political system Mr. KENNEDY of Rhode Island. Mr. remains strongly authoritarian. (A) The Government of Indonesia provides (B) The government is dominated by an official accreditation to independent elec- Chairman, the amendment I am offer- elite comprising President Soeharto (now in tion-monitoring organizations, including the ing today will attempt to confirm a his sixth 5-year term), his close associates, Independent Election Monitoring Committee commitment from Indonesia to cease and the military. (KIPP), to observe national elections with- its human rights violations throughout (C) The government requires allegiance to out interference by personnel of the Govern- that country and, in particular, East a state ideology known as ‘‘Pancasila’’, ment or of the armed forces. Timor. which stresses consultation and consensus, (B) In addition, such organizations are al- It will state the sense of this Con- but is also used to limit dissent, to enforce lowed to assess such elections and to pub- social and political cohesion, and to restrict licize or otherwise disseminate the assess- gress that the United States should im- the development of opposition elements. ments throughout Indonesia. pose military sanctions on the country (2) The Government of Indonesia recog- (2) PROTECTION OF NONGOVERNMENTAL ORGA- of Indonesia if its human rights record nizes only one official trade union, has re- NIZATIONS.—The police or military of Indo- fails to improve. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3609 It is very similar to provisions al- human rights abuses in their country, administration, trying to find some ready included in the original version and yet the evidence is so crystal clear. way to dispose of F–16’s that it sold to of the Foreign Policy Reform Act that In fact, there have been instances like Pakistan but which could not be deliv- were accepted in committee by voice the St. Cruz massacre when it was cap- ered because of the Pressler amend- vote. tured on tape and the tape tells the ment, was looking for other pur- Because the foreign aid portion of truth, the truth that the Indonesian chasers. They found Indonesia as a pos- this bill is not before us today, I am of- Government wants to refuse to believe, sible sales prospect. fering this sense of Congress amend- and yet we have the evidence and the So it is understandable that Indo- ment in its place. statistics and the weight of the human nesia now, faced with continued opposi- As many Members know, last week rights community and our own State tion and criticism in this Congress, the Indonesian Government announced Department report. I might add, the some of it entirely justified, admit- that they have dropped their participa- Department of State has considered In- tedly, but an unbalanced kind of objec- tion in the expanded IMET military donesia one of the top countries that tion and a denial even of something training program and have scrapped this country finds is violating human that is in our national interest, the E– plans to buy nine F–16 fighter planes. rights. IMET program, naturally does not This action on the part of Indonesia So, in this legislation, the sense of want that fight. The E–IMET program is a major victory for all of us in this Congress, we have called for various is not that important to them, but it House who believe in the importance of policy reforms including free and fair certainly is a loss to us in maintaining human rights and for those of us who elections in East Timor, respect for good relations with Indonesia and to have worked hard to bring about labor rights, protection of nongovern- our effort to improve human rights change in the country of Indonesia. mental organizations, rights for the procedures in Indonesia. It was clear they were feeling defen- East Timorese people, and, of course, Let us take a look at some of the rea- sive, it was clear they were feeling vul- for the fair adjudication and release of sons why Indonesian-American rela- nerable and, as such, they did not want political prisoners. tions are important to this country. to be beat to the punch and embar- Mr. Chairman, that is not the current First of all, surprising to most people rassed by this Congress’ action with re- situation in East Timor. Just wearing in this country, Indonesia is now the spect to those planes. And this bill a yellow T-shirt, celebrating Bishop fourth most populous country on they wanted to get out of the way be- Belo’s receipt of the Nobel Peace Prize Earth. There have been harsh, one- fore this Congress expressed its strong is enough to get you arrested and sided amendments offered in this Con- opinion on the human rights abuses in thrown in jail. In East Timor, the free gress and the committee and on the Indonesia. floor in the past which have reduced We cannot rest on this victory, how- and fair election, there have not been any. Protections for nongovernmental our credibility with the Indonesian ever, and in fact Indonesia’s official Government and the military. Why? statement on this issue declared that organizations, that has a dismal re- port. Because the amendments, this one in the criticisms of this body were, and I particular, will be seen in Indonesia as quote, ‘‘wholly unjustified.’’ However, Mr. Chairman, I would like to con- clude with this one point: I visited the Indonesian bashing if it is not such the death of one-third of the people of criticism offered in some kind of equi- East Timor for the past 21 years, near- ICRC, the International Committee on Red Cross, and they told me they have table and valid manner. That is to say, ly one-third of the whole population, is if it is not balanced, or if we do not re- evidence enough that these criticisms never been busier. Well, if any of my colleagues know what the ICRC does, move the one-sided bias to it. are indeed justified. Indonesia is not Burma or Iraq. It is I believe that through the visit that they look out for human rights abuses. So if they have never been busier, we an important country, a key member I have made to East Timor myself, per- of ASEAN, APEC, the ARF, the OIC, sonally, my own visits not only with know what they are talking about. It means there have never been as many and the United Nations. Indonesia has the Government officials representing played a very important role in the set- the Indonesian Government but also human rights abuses as are going on this day. tlement in Cambodia and peace be- with the human rights community who tween the Philippines and the Moros are stationed there in East Timor, that I want to thank the gentleman from New York [Mr. GILMAN] and the gen- Liberation Front. Indonesia has con- I have a good appreciation of this issue. tributed to efforts to resolve the dis- I have spoken to both the Nobel tleman from California [Mr. BERMAN] pute over the Spratly Islands and has Peace Prize winner, Jose Ramos Horta, particularly for their efforts to bring contributed to the Korean Energy De- on several occasions, both here in us this amendment to the floor. velopment Organization. Indonesia sup- Washington and in my own State of Mr. BEREUTER. Mr. Chairman, I do ported the gulf war efforts against Rhode Island, and I have spoken to rise in objection to the Kennedy amendment because it is unbalanced in Iraq. Carlos Belo, Bishop Belo, from the East Indonesia’s sealanes and air routes Timor parish. He has given me many its characteristics, and it is biased by referring only to one side of the vio- are important to United States forces. examples of the terrible injustices that We, of course, have major economic in- occur on a daily basis in East Timor by lence that has occurred and continues to occur in Indonesia. terest in Indonesia. Our annual bilat- the Government of Indonesia. eral trade is about $12.3 billion. But Mr. Chairman, these abuses are oc- And in contrast to what the gen- these are not reasons enough to justify curring in East Timor in large part due tleman from Rhode Island has indi- or to be silent about abuses that exist to the free hand that the military has cated, I feel that the recently an- there. I want to try to make this given in suppressing the independence nounced self-denial of E–IMET by Indo- amendment of the gentleman from movement in East Timor. There is no nesia and their expression of no inter- Rhode Island [Mr. KENNEDY] a balanced question that the attacks and abuses est in purchasing American-made F– 16’s is not a major victory for the Unit- amendment. are escalating throughout the country, Mr. Chairman, therefore, I will offer and I am aware that there has been ed States, as the gentleman intends, it is an unfortunate blow to our relation- an amendment to the Kennedy amend- much violence preceding and surround- ment. ing the so-called democratic election ship. The E–IMET program, or Extended AMENDMENT OFFERED BY MR. BEREUTER TO THE that has just taken place there. But AMENDMENT OFFERED BY MR. KENNEDY OF anybody watching that election knows IMET, is designed specifically to en- courage better human rights practices RHODE ISLAND that it is far from ever being consid- Mr. BEREUTER. Mr. Chairman, I ered a democratic election when the and proper civil action, methods of op- erating and living in a civil society, for offer an amendment to the amendment. Indonesian Government outlaws cam- The Clerk read as follows: paigning on the part of the opposition. military and civilian personnel that take advantage of this training pro- Amendment offered by Mr. BEREUTER to b 1600 the amendment offered by Mr. KENNEDY of gram in the United States. The F–16 Rhode Island: Unfortunately, Indonesia repeatedly sale, of course, was not something that In the Findings Section (a), after (4)(A), in- denies that there is a problem with the Indonesia itself sought, but the Clinton sert the following new sections (B) and (C): H3610 CONGRESSIONAL RECORD — HOUSE June 10, 1997 (B) From May 27 to May 31, the East lence in East Timor stand up and bring offered by the gentleman to the amend- Timorese resistance forces carried out de- this guerrilla violence to the attention ment offered by the gentleman from plorable human rights violations, including of the House under a 1-minute state- Rhode Island [Mr. KENNEDY]. the reported killing of over two dozen per- ment or a Special Order. That did not Mr. Chairman, I am pleased to yield sons in an apparent attempt to disrupt na- tional elections. A resistance attack on a happen. to the gentleman from New York [Mr. truck resulted in the deaths of 16 policemen Let me mention to my colleagues a GILMAN]. and one soldier. Attacks on polling places few more sections of the secondary (Mr. GILMAN asked and was given also resulted in the deaths of two election of- amendment that I am offering here permission to revise and extend his re- ficials. today. The following statement is a marks.) (C) Violence on the part of either the Indo- part of the amendment in addition to Mr. GILMAN. Mr. Chairman, I want nesian military or the East Timorese resist- the section which the Clerk read: ‘‘The to thank the gentleman from Rhode Is- ance forces is not conducive to the just and Indonesian authorities and the resist- land [Mr. KENNEDY] for introducing peaceful solution to the conflict in East this measure and the gentleman from Timor. ance forces,’’ and bear in mind I am Change former section (B) to (D) and add talking about both there, ‘‘Indonesian Nebraska [Mr. BEREUTER] for his per- the following new section (E); authorities and resistance forces in fecting amendment. I think it is criti- (E) The Indonesian authorities and the re- East Timor must refrain from human cally important that our Nation ex- sistance forces in East Timor must refrain rights violations, including attacks on press its concern with regard to some from human rights violations, including at- civilians and noncombatants.’’ of the problems in Indonesia. tacks on civilians and non-combatants. Finally, in addition to the sense of Although Indonesia is a critically im- Insert after sense of the Congress section Congress elements that the gentleman portant nation in southeast Asia, the (b) a second sense of the Congress section to be labeled (c) to read as follows: from Rhode Island [Mr. KENNEDY] has record of the Suharto government in (c) Sense of the Congress.—It also is the added, I add this sense of the Congress terms of democratic freedoms, human sense of the Congress that the violent acts of section: rights, labor rights, and basic civil lib- the resistance in East Timor should be con- It is also the sense of the Congress that the erties has significant shortcomings, as demned, as they discredit the East Timorese violent acts of the resistance in East Timor defined in this amendment. I call on all cause, and could result in additional violent should be condemned, as they discredit the parties in and outside of the govern- reprisals by the Indonesian armed forces. East Timorese cause and could result in ad- ment to renounce violence and em- Renumber current section (c), United ditional violent reprisals by Indonesian brace peace and democratic principles States Military assistance and arms trans- armed forces. fers denied. It will now be numbered (d). in resolving all of the issues of conten- So, Mr. Chairman and my colleagues, tion in that part of the world. Mr. BEREUTER (during the reading). in the amendment that I have offered, Regretfully, the administration has Mr. Chairman, I ask unanimous con- I am striking nothing that the gen- fallen woefully short in trying to influ- sent that the amendment be considered tleman from Rhode Island [Mr. KEN- ence Indonesia in the direction of de- as read and printed in the RECORD. NEDY] has in his amendment. I am mocracy and human rights. Therefore, The CHAIRMAN pro tempore. Is striking not a single word of it. But I it is appropriate for the Congress to there objection to the request of the am adding, by the words of my second- make the President accountable for the gentleman from Nebraska? ary amendment, an indication that vio- use of the taxpayers’ dollars for secu- There was no objection. lence on the part of the Indonesian rity assistance until he can certify an Mr. BEREUTER. Mr. Chairman, as rebels in East Timor is itself a very amelioration in the conditions of Indo- we began to hear, we have had substan- counterproductive step and one that we nesia. tial violence which is directly attrib- should deplore. This violence is not the I urge my colleagues to support this utable, in substantial part at least, to approach to efforts to gain additional sense of Congress amendment, includ- the guerrilla movement in East Timor. degrees of autonomy or whatever their ing the perfecting amendment by the I will read now from a report from legitimate goals might be. gentleman from Nebraska [Mr. BEREU- Human Rights Watch/Asia, dated June Finally, I want to say as a matter of TER]. 4, 1997. personal privilege that, of course, while Mr. KENNEDY of Rhode Island. Mr. A series of attacks between May 27 and I respect the organization granting the Chairman, I move to strike the last May 31 by resistance forces in East Timor, Nobel Peace Prize, I do have to say word. leading to the deaths of at least 9 civilians that while I certainly have nothing but I would like to say that we accept and more than 20 military and police, has led to widespread arrests of suspected resistance praise for what I understand to be the the Bereuter amendment. We do not supporters throughout the territory. Human positions and actions of Bishop Belo, I condone violence on any side. I would Rights Watch/Asia condemns any targeting do indeed wonder about Jose´ Ramos like to follow up with a few comments of civilians or other noncombatants by East Horta and whether or not his efforts with respect to the points made by the Timorese guerrillas as being in clear viola- are totally directed toward finding, as gentleman from Nebraska [Mr. BEREU- tion of international humanitarian law. the Kennedy amendment says, a just TER]. That statement on the part of Human and peaceful solution to the conflict in That is, having visited East Timor Rights Watch lays out a variety of East Timor. I say that in part because myself this last year, I had an oppor- abuses which led to death attributed to when he came to my office earlier this tunity to sit down with Nobel Peace the activities of the East Timorese year, when I visited with him, he made Prize winner Bishop Belo and spoke guerrillas. They issued a report the fol- false reports about the conclusions and with him for a considerable length of lowing day which backed away from my views after we had that meeting, time and do have a sense of how these one of those specific reported inci- which he sent to Chairman GILMAN by violent occurrences are precipitated. I dents, saying, ‘‘We do not have the letter. That is not the kind of conduct might add that Bishop Belo himself has kind of documentation we need.’’ But that I think we would expect from a said to me that there is a situation basically, their assessment stands. person who was the corecipient of the where the government is hiring East From the Washington Post News Nobel Peace Prize, nor do I think such Timorese to instigate and act as cata- Service, I read to my colleagues an ac- a false statement by Mr. Horta serves lysts for violent uprisings, because count from May 31, 1997. ‘‘Separatist us well or serves his cause well, either. what it does is give the excuse for the guerrillas bombed a police truck with I understand that his intent probably Indonesian military to then crack grenades Saturday, killing 17 officers is to pursue independence for East down on whomever they want to crack during one of the worst outbreaks of Timor. That objective is contrary to down on. violence in years in the disputed Indo- U.S. policy. It is a legitimate intent on I just want to add that because I have nesian territory of East Timor. The his part, but I believe he ought to use spoken to our own Department of State deaths raised to 41 the number of peo- proper means for arriving at those and some of their officials there, and ple killed in rebel attacks in the past goals. So I hope for reasons of a bal- there is an acknowledgment that the week in East Timor.’’ anced amendment on this matter relat- Indonesian government is training I would like to see some of my col- ed to Indonesia, that my colleagues such, I guess, double agents, although I leagues who are concerned about vio- will support the secondary amendment do not think they are agents in the June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3611 cold war sense, but they are East killed those people at the polls is on nounce it, but we do not paint every Timorese that are on the payroll of the the Indonesian Government payroll. leader of the East Timor movement Indonesian Government that front for Mr. KENNEDY of Rhode Island. Mr. with the same brush. this terrorist group in East Timor and Chairman, reclaiming my time, I would Mr. BEREUTER. Mr. Chairman, will thereby justify the reprisals that the like to respond to the gentleman’s the gentlewoman yield? Indonesian Government then uses as an points. Ms. PELOSI. I yield to the gentleman excuse to put down these uprisings in On the first one, I clearly think that from Nebraska. the first place. I want to point that justice needs to be done, but of course Mr. BEREUTER. Mr. Chairman, I out. there is no justice in East Timor be- thank the gentlewoman for yielding. I I also just want to point out that in cause people can be summarily ar- think the gentlewoman knows that the wake of those violent outbreaks rested and tortured without legal rep- current law forbids the kind of mili- that the gentleman from Nebraska [Mr. resentation. I do acknowledge that the tary sales to Indonesia that can be used in repressive measures against the BEREUTER] pointed out, some of those gentleman is correct that in the event civilian population. This amendment reports are still yet to be confirmed, there is any violence, there should be does not put that in place. That is a although I take nothing away from his justice. But the justice system as it currently exists is a one-sided justice matter of law already. effort to deplore any kind of violence. I would say to the gentlewoman, I system. b 1615 hope that she would be concerned when On the second point in terms of the Mr. Horta comes into my office and I want to also add that in the after- payroll, I would acknowledge that I do after he leaves with a very clear under- math of the election there were a series not think in every instance that those standing of what my point of view is, of roundups and manhunts by the mili- instigating these points of violence and which it happens to be the view of tary and widespread arrests in Dili, whereby the Indonesian Government the official view of the U.S. Govern- Baucau, Ermera and Los Palos under uses as a pretext to crack down on the ment, which I am supporting as the circumstances which torture is very East Timorese, that in all those in- chairman of the Subcommittee on Asia likely. Of course, we have evidence of stances it is those that are on their and the Pacific, for him to go out and torture of those who have been de- payroll, but I would point out that it is tained in jails within East Timor. I can lie in writing about it to my chairman something that is acknowledged on the and mischaracterize 180 degrees is tell my colleagues that Constantio ground there as being a fundamental Pinto, for example, in my district in highly inappropriate. I would hope the truth of the situation. gentlewoman would not condone that Rhode Island has given me graphic de- Ms. PELOSI. Mr. Chairman, I move kind of activity and would be sympa- scriptions of his time in jail when he to strike the last word. thetic as one Member of Congress to was tortured repeatedly. Mr. Chairman, I rise in support of the another on this matter. I would hope We know that Indonesia is feeling Kennedy amendment and also further she agrees that Mr. Horta should not be discomfort because of the attention in support of the Bereuter amendment using those tactics. It is unworthy of that we are bringing to these issues. It to the Kennedy amendment. Most cer- the Nobel Peace Prize. is unfortunate that it has to affect the tainly we should take every oppor- Ms. PELOSI. Mr. Chairman, reclaim- relationship, but the best way for Indo- tunity we can on the floor of the House ing my time, on the first point the gen- nesia to solve this problem is to clean to renounce violence, especially when tleman brings up about what is the law up their human rights abuses instead there is collateral damage involved af- regarding Indonesia, yes, sir, I am very of trying to get us to not recognize fecting the lives of civilians. well aware of it as ranking member of their human rights abuses. However, I do take issue with the the Committee on Appropriations’ Sub- Mr. BEREUTER. Mr. Chairman, will characterization of what is happening committee on Foreign Operations, Ex- the gentleman yield? in East Timor. I think our Members port Financing and Related Programs. Mr. KENNEDY of Rhode Island. I should understand that East Timor is a We spend a great deal of time, of our yield to the gentleman from Nebraska. very small place and a large percentage committee’s time and indeed the floor Mr. BEREUTER. Mr. Chairman, I of its population has been killed by the time, on the issue of military weapons would like to comment on two points Indonesian Government. Some of that to Indonesia as well as on whether we the gentleman has raised. First, I has happened with U.S. weapons. That should have expanded IMET or IMET would ask this question, it is rhetori- is most unfortunate. That is why I sup- to Indonesia. My problem with the ex- cal, but if the gentleman has a re- port so strongly the Kennedy amend- panded IMET to Indonesia is that it sponse to it I think the world would ment as well as the gentleman’s leader- simply does not seem to be working or like to know it. What does the gen- ship for fighting this fight with such taken seriously by the Indonesian mili- tleman expect the Indonesian Govern- knowledge and such commitment. tary. Certainly it would be appropriate, ment would do when up to 41, or per- The gentleman from Nebraska [Mr. if properly employed, for us to train haps more, people were killed by guer- BEREUTER] shared a story of his visit the Indonesian military in the impor- rillas when in fact some of them were with Mr. Ramos Horta. I will convey tance of human rights in dealing with poll watchers, and others were civil- mine. Last night in our community civilian populations. We just have not ians. What does the gentleman think over 5,000 people turned out for a con- seen that happen. The case of East the response should legitimately be in ference on nonviolence entitled the Timor I think is a tragedy for the that situation? Do they try to protect Power of Nonviolence. They all gave a world. people and bring people to justice or standing ovation to Jose Ramos Horta Around here, and the gentleman from not? for his appeal for nonviolence in East Nebraska [Mr. BEREUTER] knows the The second point I would raise about Timor and throughout the world. respect, the esteem, in which I hold the allegations that the guerrillas may Certainly there are those within a him, Roshomon lives, people go to be or are totally on the payroll of the situation who may lose patience, and I meetings, they hear different things, Indonesian Government, and I refer to think that is the biggest challenge to they carry away a more optimistic or those guerrillas that caused the deaths those who are involved in the non- less optimistic view of a conversation. and the tragedy that took place there. violent crusade for change, whether it I respect the gentleman’s view of that I hope the gentleman does not believe is in Tibet, and His Holiness was there conversation as a Member of Congress that that is the case in all instances, if last night and spoke as well, whether it on this floor. I would hope that the any. It certainly is not the view of our is in Tibet, Indonesia, or in any other gentleman would give Mr. Ramos Government, our State Department, country, that while the leadership of Horta the ability to respond back to our intelligence agencies and those the issue, its initiatives may be based the gentleman to say this is why I drew people that have spoken out on this on a commitment to nonviolence, that those conclusions, because I know him issue. I just want to raise those two there are those who have lost their to be an honorable man, and I think points if the gentleman cares to ad- family members, their community peo- that the Nobel committee chose well in dress them. I certainly do not believe ple to violence in Indonesia and they honoring Jose Ramos Horta and Bishop that everybody, if anybody, if any, who may take action. We reject it, we de- Belo. H3612 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Mr. BEREUTER. Mr. Chairman, if his visitors are watched, and his free- the Indonesian Government, who we the gentlewoman will yield further, I dom of movement is restricted. But have a good relationship with and we would say the gentlewoman has a very Bishop Belo persists in his courageous want to continue to have a good rela- generous soul, which is one of the rea- efforts to defend justice, peace, and the tionship with, but that we care. sons I admire her greatly. Her putting preservation of the dignity of his peo- Bishop Belo will be in the United the best characterization of the best ple. Recently, he set up a church com- States next week. I think we should construction on Mr. Horta’s comments mission to monitor human rights pass this amendment. I did not want about my views are very generous on abuses there and a radio station to dis- the time to go by without urging her part. In this case that generosity is seminate information and news. strong support for the Kennedy amend- mistaken. There is no doubt that he in- There have also been reports of re- ment. Frankly, if it were defeated, the tentionally mischaracterized the posi- newed military activity by pro-inde- message that that would send to the tion of this Member, but I thank the pendence guerrillas in East Timor. I people of East Timor, 500,000 left, gentlewoman and say that her senti- want to make it absolutely clear that 200,000 killed, military occupation, up ments are a credit to her. violence is unacceptable no matter who to maybe 28,000 military people all over Ms. PELOSI. Mr. Chairman, I urge commits it. In this respect, again the the island. Last, there were elections our colleagues to support the Kennedy Bereuter perfecting amendment 11⁄2 weeks ago. Up to 41 people were amendment as amended by the gen- strengthens the Kennedy amendment killed. I have been urging, as I know tleman from Nebraska [Mr. BEREUTER]. and makes it a resolution worthy of the gentleman from Rhode Island [Mr. Mr. SMITH of New Jersey. Mr. Chair- support by this body. KENNEDY] and others feel, that this ad- man, I move to strike the requisite Mr. WOLF. Mr. Chairman, I move to ministration should appoint a special number of words. strike the requisite number of words. envoy. We saw that they appointed a Mr. Chairman, I urge a yes vote on (Mr. WOLF asked and was given per- special envoy to Cyprus, which is very the amendment that has been offered mission to revise and extend his re- good. They should appoint a special by the gentleman from Rhode Island marks.) envoy here and do something about it. [Mr. KENNEDY] which states in a very Mr. WOLF. Mr. Chairman, I was in I want to commend the gentleman strong way that it is the sense of Con- my office, I saw the debate that was from Rhode Island [Mr. KENNEDY], I gress that the United States should not taking place, and I wanted to make a want to thank him for taking the time give military assistance and arms comment in strong support of the Ken- to go over there at Christmas, and I transfers to the Government of Indo- nedy amendment. I had the oppor- strongly support the amendment. nesia until that Government complies tunity, as the gentleman from Rhode b 1630 with a few basic human rights bench- Island [Mr. KENNEDY] did at Christmas- Mr. KENNEDY of Rhode Island. Mr. marks. I would like to commend the time, I visited East Timor in January Chairman, will the gentleman yield? gentleman from Nebraska [Mr. BEREU- of this year. Members ought to know Mr. WOLF. I yield to the gentleman TER], the chairman of the Subcommit- Bishop Belo, who got the Nobel Peace from Rhode Island. tee on Asia and the Pacific, for his per- Prize because of the nomination of the Mr. KENNEDY of Rhode Island. Mr. fecting amendment to put us on record gentleman from Ohio [Mr. HALL] and Chairman, I just would like to com- in roundly condemning all violence, no others in the Congress. We visited mend the gentleman for his own visit matter who commits it. Violence is not Bishop Belo. On the Island of East to East Timor. There is nothing like an acceptable means to any end. I want Timor, there have been over 200,000 seeing it in person, to speak to Bishop to commend my friend for offering that people killed in the last 20 years. If Belo in East Timor, to visit with the perfecting amendment. Members were to extrapolate that to people as the gentleman has, that gives Mr. Chairman, for over 20 years, the United States, I do not know what one the strong feelings such as the gen- international human rights advocates that would mean, would it mean 60 mil- tleman has about it. have been calling attention to abuses lion killed or something like that? It is Like the gentleman from Virginia, I by the Indonesian Government and its an unbelievable amount. have read a lot about it. But it was not occupation of East Timor. Over the We met with Bishop Belo. We also until I visited and saw it myself and years the United States has provided were followed by the military and their heard from the people dramatically countless millions of dollars worth of people, but we went out in the field and about the overwhelming military pres- military assistance and arms transfers talked to a number of people. We went ence in East Timor and the fear that to the Government of Indonesia. There to the Santa Cruz Cemetery, where the everyone has going to bed at night, have been no reliable safeguards to en- massacre took place. For Members who that they are not going to be woken up sure that this assistance and these did not follow that massacre, the Indo- in the middle of the night, have a gun transfers did not facilitate the ongoing nesian army opened up fire and in cold to their head and dragged out in the brutality. Indonesia’s Armed Forces in- blood killed these people at the Santa middle of the street, go to jail, never to vaded East Timor in 1975 only weeks Cruz Cemetery. be seen again. after East Timor had attained inde- We also talked to young people. This is the constant state of fear and pendence from Portugal. Since then First, they were afraid to speak, then terror that the people of East Timor the Indonesian Army has carried out a we got close to them. They started to live under, given that occupation by campaign of what amounts to ethnic talk and told us they were afraid. The the Indonesian Government; and I want cleansing against the Timorese very nights we were there at 2 o’clock to salute the gentleman from Virginia through a program of forced migration. in the morning the Indonesian military [Mr. WOLF] for his strong words on this Persecution has been particularly would come into their homes and take amendment. harsh against the Christian majority. the young people away. They would not Mr. WOLF. Mr. Chairman, I thank More than 200,000 Timorese out of the allow them to be visited by their moms the gentleman from Rhode Island. We total population of 700,000 have been and dads. spoke to one youngster who was there killed directly or by starvation in I personally believe, and this gets a who had his ear cut off, that they cut forced migrations from their villages little controversial, I believe that Web off his ear; and now we spoke to a since the Indonesian invasion. There Hubbell was hired by the Indonesian mom, a mother, who had three chil- are recent reports of renewed cam- Government and we now later found dren, and they were all, all, missing. paigns of repression of Catholics in out that Web Hubbell, after he was One had been killed in Santa Cruz, an- East Timor. These reports include hired by the Indonesian Government, other had been taken away, and an- atrocities such as the smashing of stat- went to East Timor. East Timor is not other had been taken away several ues of the Blessed Mother. The cam- the garden spot that one goes to to sit nights just before we got there. paign has also been directed personally on the beaches. I believe that maybe So the Kennedy amendment is a good against the Catholic Bishop Belo, along the administration’s policy changed. amendment. with the independence leader Jose The Kennedy amendment is the right Mrs. LOWEY. Mr. Chairman, I move Ramos Horta. Bishop Belo’s phones are thing to do. When we pass this amend- to strike the requisite number of tapped, his fax machine is monitored, ment, it will send a message back to words. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3613 Mr. Chairman, I rise today in strong situated in those countries with gross by the gentleman from Rhode Island support of the Kennedy amendment to human rights abuses, and they do not [Mr. KENNEDY], as amended. urge that military sanctions be im- want to jeopardize that mission. But The amendment, as amended, was posed on Indonesia because of Indo- they did tell me that they are exceed- agreed to. nesia’s terrible human rights record. I ing their ability to keep on top of all SEQUENTIAL VOTES POSTPONED IN COMMITTEE certainly have no objection, and I sup- the cases that they have to stay on top OF THE WHOLE port the amendment offered by the of, and what that says to me is volumes The CHAIRMAN pro tempore. Pursu- gentleman from Nebraska [Mr. BEREU- about the current situation there. ant to House Resolution 159, proceed- TER] to the amendment because I think Mr. Chairman, I would like to thank ings will now resume on those amend- that we should be ready to condemn the gentlewoman from New York for ments on which further proceedings atrocities and brutality wherever they her support. were postponed, in the following order: occur. Mrs. LOWEY. Mr. Chairman, I thank The amendment offered by the gen- I have stood on this floor many the gentleman from Rhode Island again tleman from Ohio [Mr. NEY]; the times, Mr. Chairman, in recent years for his leadership. amendment, as amended, offered by the to criticize Indonesia because of that Mr. DAVIS of Florida. Mr. Chairman, gentleman from California [Mr. MIL- country’s abysmal human rights record I move to strike the requisite number LER]. and their continued oppression of the of words. The Chair will reduce to 5 minutes people of East Timor. Despite the lack I rise in support of the Bereuter the time for any electronic vote after of improvement in Indonesia’s human amendment. This perfecting amend- the first vote in this series. ment seeks to add a level of balance rights record and the opposition of my- AMENDMENT OFFERED BY MR. NEY and accuracy to the Kennedy amend- self and many of my colleagues, Indo- The CHAIRMAN pro tempore. The ment which will improve upon its con- nesia continues to receive United pending business is the demand for a tent. It places the House of Representa- States military assistance. According recorded vote on the amendment of- tives on record of being against vio- to the State Department’s country re- fered by the gentleman from Ohio [Mr. port on Indonesia, quote, the govern- lence and abusive human rights by all NEY] on which further proceedings parties to the conflict in East Timor, ment continues to commit serious were postponed and on which the ayes and for that reason I urge adoption of human rights abuses. prevailed by voice vote. The State Department report also the amendment to the amendment. The Clerk will designate the amend- said that in Indonesia reports of Mr. KIM. Mr. Chairman, I rise in strong op- ment. extrajudicial killings, disappearances, position to the Kennedy amendment which ex- The Clerk designated the amend- and torture of those in custody by se- presses the sense of Congress that the United ment. curity forces increased, not decreased; States should stop military assistance and not stayed the same, increased. Should education to Indonesia. It appears to me that RECORDED VOTE we really be sending Indonesia more this amendment will only have a negative ef- The CHAIRMAN pro tempore. A re- military assistance now, when they fect on United States-Indonesian relations. I corded vote has been demanded. have not addressed these critical believe that this amendment would actually A recorded vote was ordered. human rights issues? I do not think so. hinder the kind of changes and increased re- The vote was taken by electronic de- Indonesia’s policy in East Timor is spect for human rights that its proponents vice, and there were—ayes 426, noes 0, about the oppression of people who op- claim to seek. not voting 8, as follows: pose Indonesia’s right to torture, kill, An insult such as this will have a direct and [Roll No. 174] repress the people of East Timor. It is negative impact on all facets of the United AYES—426 about the 200,000 Timorese who have States-Indonesian relationship, including eco- Abercrombie Bunning Delahunt been slaughtered since the Indonesian nomic ties. In 1995 alone, the United States Ackerman Burr DeLauro occupation in 1975, 200,000 killed out of exported $3.3 billion in goods and services to Aderholt Burton DeLay Allen Buyer Dellums a total population of 700,000. It is about Indonesia. Indonesia is also the host to over Andrews Callahan Deutsch genocide. $6 billion in United States investment. The Archer Calvert Diaz-Balart I urge my colleagues to support this only people cheering for the misguided sym- Armey Camp Dickey amendment and send a message to In- Bachus Campbell Dicks bolism of this amendment are our foreign Baesler Canady Dingell donesia that we will not tolerate con- competitors who look to take advantage of a Baker Cannon Dixon tinued human rights abuses, and I want souring in United States-Indonesian relations. Baldacci Capps Doggett to thank my colleague from Rhode Is- The action that this amendment advo- Ballenger Cardin Dooley Barcia Carson Doolittle land, Mr. KENNEDY, for bringing these catesÐincluding cutting off expanded inter- Barr Castle Doyle issues to our attention and speaking so national military education training [E±IMET]Ð Barrett (NE) Chabot Dreier eloquently on these issues. I do hope will do nothing to improve human rights in In- Barrett (WI) Chambliss Duncan that this body will respond to the spe- Bartlett Chenoweth Dunn donesia and East Timor. What better way to Barton Christensen Edwards cific stories which my colleagues have improve human rights in Indonesia than to Bass Clay Ehlers shared, which my good friend, the gen- properly train the military. That is what E± Bateman Clayton Ehrlich tleman from Virginia [Mr. WOLF], has IMET does; it provides educational courses to Becerra Clement Emerson Bentsen Clyburn Engel shared. I have not been to East Timor, teach respect for civil authority, human rights, Bereuter Coble English but I have met many times privately and the rule of law. Berman Coburn Ensign with people who have recounted these While I recognize that improvement is need- Berry Collins Eshoo stories to us, and we cannot let this ed in Indonesia, this amendment will have no Bilbray Combest Etheridge Bilirakis Condit Evans record stand. We must take action, and positive impact on East Timor. The Kennedy Bishop Conyers Everett I want to just tell the gentleman, ‘‘I amendment is simply pandering to special in- Blagojevich Cook Ewing support you.’’ terests in East Timor at the expense of overall Bliley Cooksey Fattah Blumenauer Costello Fawell Mr. KENNEDY of Rhode Island. Mr. United States interests in the region. Blunt Cox Fazio Chairman, will the gentlewoman yield? Therefore, I urge my colleagues to oppose Boehlert Coyne Filner Mrs. LOWEY. I yield to the gen- the Kennedy amendment. Boehner Cramer Foglietta tleman from Rhode Island. The CHAIRMAN pro tempore. The Bonilla Crane Foley Bonior Crapo Forbes Mr. KENNEDY of Rhode Island. Mr. question is on the amendment offered Bono Cubin Ford Chairman, I would just like to say by the gentleman from Nebraska [Mr. Borski Cummings Fowler there are countless stories. Unfortu- BEREUTER] to the amendment offered Boswell Cunningham Fox nately the ICRC cannot tell them to us by the gentleman from Rhode Island Boucher Danner Frank (MA) Boyd Davis (FL) Franks (NJ) because it would abrogate their man- [Mr. KENNEDY]. Brady Davis (IL) Frelinghuysen date to be an impartial, as my col- The amendment to the amendment Brown (CA) Davis (VA) Frost leagues know, observer and support to was agreed to. Brown (FL) Deal Furse Brown (OH) DeFazio Gallegly human rights in the countries that The CHAIRMAN pro tempore. The Bryant DeGette Ganske they are situated in. But they are only question is on the amendment offered H3614 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Gejdenson Lowey Rohrabacher NOT VOTING—8 John Mollohan Schaffer, Bob Gekas Lucas Ros-Lehtinen Johnson (CT) Moran (KS) Scott Farr Molinari Schumer Gephardt Luther Roukema Johnson (WI) Moran (VA) Sensenbrenner Flake Rothman Wolf Gibbons Maloney (CT) Roybal-Allard Johnson, Sam Morella Sessions Hall (OH) Schiff Gilchrest Maloney (NY) Royce Jones Myrick Shadegg Gillmor Manton Rush b Kaptur Neumann Shaw Gilman Manzullo Ryun 1656 Kasich Ney Shays Gonzalez Markey Sabo So the amendment was agreed to. Kelly Northup Sherman Salmon Kennedy (MA) Norwood Shimkus Goode Martinez The result of the vote was announced Goodlatte Mascara Sanchez Kennedy (RI) Nussle Shuster Goodling Matsui Sanders as above recorded Kennelly Obey Sisisky Sandlin Kildee Olver Skeen Gordon McCarthy (MO) AMENDMENT OFFERED BY MR. MILLER OF Sanford Kilpatrick Ortiz Skelton Goss McCarthy (NY) CALIFORNIA, AS AMENDED Graham McCollum Sawyer Kim Owens Slaughter Granger McCrery Saxton The CHAIRMAN pro tempore [Mr. Kind (WI) Oxley Smith (NJ) Green McDade Scarborough EWING]. The pending business is the de- King (NY) Packard Smith (OR) Schaefer, Dan Kingston Pallone Smith (TX) Greenwood McDermott Schaffer, Bob mand for a recorded vote on the Klink Pappas Smith, Adam Gutierrez McGovern Scott amendment offered by the gentleman Klug Parker Smith, Linda Gutknecht McHale Sensenbrenner Knollenberg Pascrell Snowbarger Hall (TX) McHugh from California [Mr. MILLER], as Serrano Kolbe Pastor Solomon Hamilton McInnis amended, on which further proceedings Sessions LaFalce Paul Souder Hansen McIntosh Shadegg were postponed and on which the noes LaHood Paxon Spence Harman McIntyre Shaw prevailed by voice vote. Lampson Payne Spratt Hastert McKeon Shays The Clerk will designate the amend- Lantos Pease Stabenow Hastings (FL) McKinney Sherman Largent Pelosi Stark Hastings (WA) McNulty Shimkus ment, as amended. Latham Peterson (MN) Stearns Hayworth Meehan Shuster The Clerk designated the amend- LaTourette Peterson (PA) Stenholm Hefley Meek Sisisky ment, as amended. Lazio Petri Stokes Hefner Menendez Skaggs Leach Pickering Strickland Herger Metcalf Skeen RECORDED VOTE Levin Pickett Stump Hill Mica Skelton The CHAIRMAN pro tempore. A re- Lewis (CA) Pitts Stupak Hilleary Millender- Slaughter corded vote has been demanded. Lewis (KY) Pombo Sununu Hilliard McDonald Smith (MI) Linder Pomeroy Talent Hinchey Miller (CA) Smith (NJ) A recorded vote was ordered. Lipinski Porter Tanner Hinojosa Miller (FL) Smith (OR) The vote was taken by electronic de- Livingston Portman Tauscher Hobson Minge Smith (TX) vice, and there were—ayes 375, noes 49, LoBiondo Poshard Tauzin Hoekstra Mink Smith, Adam not voting 10, as follows: Lofgren Price (NC) Taylor (MS) Holden Moakley Smith, Linda Lowey Pryce (OH) Taylor (NC) Hooley Mollohan Snowbarger [Roll No. 175] Luther Quinn Thomas Horn Moran (KS) Snyder AYES—375 Maloney (CT) Rahall Thompson Hostettler Moran (VA) Solomon Maloney (NY) Ramstad Thornberry Ackerman Chambliss Ford Houghton Morella Souder Manton Redmond Thune Aderholt Chenoweth Fowler Hoyer Murtha Spence Manzullo Regula Thurman Allen Christensen Fox Hulshof Myrick Spratt Martinez Reyes Tiahrt Andrews Clayton Franks (NJ) Hunter Nadler Stabenow Mascara Riggs Traficant Archer Clement Frelinghuysen Hutchinson Neal Stark Matsui Riley Turner Armey Clyburn Frost Nethercutt Stearns McCarthy (MO) Rivers Upton Hyde Bachus Coble Gallegly Inglis Neumann Stenholm McCarthy (NY) Rodriguez Vento Stokes Baesler Coburn Ganske McCollum Roemer Visclosky Istook Ney Baker Collins Gejdenson Jackson (IL) Northup Strickland McCrery Rogan Walsh Stump Baldacci Combest Gekas McDade Rogers Wamp Jackson-Lee Norwood Ballenger Condit Gephardt (TX) Nussle Stupak McHugh Rohrabacher Watts (OK) Sununu Barcia Cook Gibbons McInnis Ros-Lehtinen Weldon (FL) Jefferson Oberstar Talent Barr Cooksey Gilchrest McIntosh Roukema Weldon (PA) Jenkins Obey Tanner Barrett (NE) Costello Gillmor McIntyre Roybal-Allard Weller John Olver Tauscher Barrett (WI) Cox Gilman McKeon Royce Wexler Johnson (CT) Ortiz Tauzin Bartlett Cramer Gonzalez McKinney Rush Weygand Johnson (WI) Owens Taylor (MS) Barton Crane Goode McNulty Ryun White Johnson, E. B. Oxley Taylor (NC) Bass Crapo Goodlatte Meehan Salmon Whitfield Johnson, Sam Packard Thomas Bateman Cubin Goodling Meek Sanchez Wicker Jones Pallone Thompson Bentsen Cummings Gordon Menendez Sanders Wise Kanjorski Pappas Thornberry Bereuter Cunningham Goss Metcalf Sandlin Woolsey Kaptur Parker Thune Berman Danner Graham Mica Sanford Wynn Kasich Pascrell Thurman Berry Davis (FL) Granger Millender- Sawyer Yates Kelly Pastor Tiahrt Bilbray Davis (IL) Green McDonald Saxton Young (AK) Kennedy (MA) Paul Tierney Bilirakis Davis (VA) Greenwood Miller (CA) Scarborough Young (FL) Kennedy (RI) Paxon Torres Bishop Deal Gutierrez Miller (FL) Schaefer, Dan Kennelly Payne Towns Blagojevich Delahunt Gutknecht Kildee Pease Traficant Bliley DeLauro Hall (TX) NOES—49 Blumenauer Kilpatrick Pelosi Turner DeLay Hamilton Abercrombie Jackson (IL) Oberstar Blunt Kim Peterson (MN) Upton Deutsch Hansen Becerra Johnson, E. B. Rangel Boehlert Kind (WI) Peterson (PA) Velazquez Diaz-Balart Harman Castle Kanjorski Sabo Boehner King (NY) Petri Vento Dickey Hastert Clay Kleczka Serrano Bonilla Kingston Pickering Visclosky Dicks Hastings (FL) Conyers Kucinich Skaggs Bonior Kleczka Pickett Walsh Dingell Hastings (WA) Coyne Lewis (GA) Smith (MI) Bono Klink Pitts Wamp Dixon Hayworth DeFazio Lucas Snyder Borski Klug Pombo Waters Doggett Hefley DeGette Markey Tierney Boswell Knollenberg Pomeroy Watkins Doolittle Hefner Dellums McDermott Torres Boucher Doyle Herger Kolbe Porter Watt (NC) Dooley McGovern Towns Boyd Dreier Hill Kucinich Portman Watts (OK) Ehlers McHale Velazquez Brady Duncan Hilleary LaFalce Poshard Waxman Foglietta Minge Waters Brown (CA) Dunn Hilliard LaHood Price (NC) Weldon (FL) Frank (MA) Mink Watkins Brown (FL) Edwards Hobson Lampson Pryce (OH) Weldon (PA) Furse Moakley Watt (NC) Brown (OH) Ehrlich Hoekstra Lantos Quinn Weller Hinchey Murtha Waxman Wexler Bryant Emerson Hooley Hinojosa Nadler Largent Radanovich Bunning Engel Horn Latham Rahall Weygand Holden Nethercutt White Burr English Hostettler LaTourette Ramstad Burton Ensign Houghton NOT VOTING—10 Lazio Rangel Whitfield Wicker Buyer Eshoo Hoyer Leach Redmond Farr Neal Schumer Wise Callahan Etheridge Hulshof Levin Regula Flake Radanovich Wolf Woolsey Calvert Evans Hunter Lewis (CA) Reyes Hall (OH) Rothman Wynn Camp Everett Hutchinson Lewis (GA) Riggs Molinari Schiff Yates Campbell Ewing Hyde Lewis (KY) Riley Canady Fattah Inglis Young (AK) b 1706 Linder Rivers Young (FL) Cannon Fawell Istook Lipinski Rodriguez Capps Fazio Jackson-Lee Mr. WAXMAN, Ms. DeGETTE, and Livingston Roemer Cardin Filner (TX) LoBiondo Rogan Carson Foley Jefferson Mr. SMITH of Michigan changed their Lofgren Rogers Chabot Forbes Jenkins vote from ‘‘aye’’ to ‘‘no.’’ June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3615 So the amendment, as amended, was (C) by adding at the end the following new This amendment is very simple. It agreed to. paragraphs: simply says that the International The result of the vote was announced ‘‘(3) the term ‘Northern Ireland’ includes Fund for Ireland, to which the United as above recorded. the counties of Antrim, Armagh, Derry, Down, Tyrone, and Fermanagh; and States contributes $20 million per year, AMENDMENT OFFERED BY MR. ENGEL ‘‘(4) the term ‘principles of economic jus- that funding for the International Mr. ENGEL. Mr. Chairman, I offer an tice’ means the following principles: Fund for Ireland should not go to any amendment. ‘‘(A) Increasing the representation of indi- entity in the north of Ireland that dis- The Clerk read as follows: viduals from underrepresented religious criminates. groups in the workforce, including manage- Amendment offered by Mr. ENGEL: We want to ensure that any entity rial, supervisory, administrative, clerical, At the end of the bill add the following which receives money from the Inter- and technical jobs. national Fund for Ireland is committed (and conform the table of contents accord- ‘‘(B) Providing adequate security for the ingly): protection of minority employees at the to the principles of nondiscrimination. SEC. 1818. INTERNATIONAL FUND FOR IRELAND. workplace This is very similar to what was done (a) SHORT TITLE.—This section may be ‘‘(C) Banning provocative sectarian or po- in South Africa with the Sullivan prin- cited as the ‘‘MacBride Principles of Eco- litical emblems from the workplace. ciples, and this essentially embraces nomic Justice Act of 1997’’. ‘‘(D) Providing that all job openings be ad- what is called the MacBride principles (b) ADDITIONAL REQUIREMENTS.— vertised publicly and providing that special of nondiscrimination. (1) PURPOSES.—Section 2(b) of the Anglo- recruitment efforts be made to attract appli- This is identical to a bill that I have Irish Agreement Support Act of 1986 (Public cants from underrepresented religious Law 99–415; 100 Stat. 947) is amended by add- groups. carried for the past 8 years and under ing at the end the following new sentence: ‘‘(E) Providing that layoff, recall, and ter- the current Congress, H.R. 150, which ‘‘United States contributions shall be used in mination procedures do not favor a particu- sets up nine guidelines to eliminate re- a manner that effectively increases employ- lar religious group. ligious-based discrimination in em- ment opportunities in communities with ‘‘(F) Abolishing job reservations, appren- ployment and job training processes in rates of unemployment significantly higher ticeship restrictions, and differential em- the north of Ireland, while banning than the local or urban average of unemploy- ployment criteria which discriminate on the provocative sectarian and political em- ment in Northern Ireland. In addition, such basis of religion. contributions shall be used to benefit indi- ‘‘(G) Providing for the development of blems from the workplace. Again, we viduals residing in such communities.’’. training programs that will prepare substan- want to ensure that U.S. money is (2) CONDITIONS AND UNDERSTANDINGS.—Sec- tial numbers of minority employees for given to entities which promote equal tion 5(a) of such Act is amended— skilled jobs, including the expansion of exist- opportunity employment for both (A) in the first sentence— ing programs and the creation of new pro- Protestants and Catholics and to re- (i) by striking ‘‘The United States’’ and in- grams to train, upgrade, and improve the gions where targeted investment is serting the following: skills of minority employees. needed. ‘‘(1) IN GENERAL.—The United States’’; ‘‘(H) Establishing procedures to assess, Mr. Chairman, these are critical (ii) by striking ‘‘in this Act may be used’’ identify, and actively recruit minority em- and inserting the following: ‘‘in this Act— ployees with the potential for further ad- times for the peace process in Ireland. ‘‘(A) may be used’’; vancement. I commend the fact that right now the (iii) by striking the period and inserting ‘‘; ‘‘(I) Providing for the appointment of a parties seem to be lined up in terms of and’’; and senior management staff member to be re- really making progress for equality in (iv) by adding at the end the following: sponsible for the employment efforts of the the peace process. It is very, very im- ‘‘(B) may be provided to an individual or entity and, within a reasonable period of portant, I believe, that at this point entity in Northern Ireland only if such indi- time, the implementation of the principles Congress go on record as saying that vidual or entity is in compliance with the described in subparagraphs (A) through moneys for the International Fund for principles of economic justice.’’; and (H).’’. (B) in the second sentence, by striking (7) EFFECTIVE DATE.—The amendments Ireland cannot go to entities which dis- ‘‘The restrictions’’ and inserting the follow- made by this subsection shall take effect 180 criminate against anybody, be they ing: days after the date of the enactment of this Catholic or Protestant. That is simply ‘‘(2) ADDITIONAL REQUIREMENTS.—The re- Act. what this says. strictions’’. Mr. ENGEL (during the reading). Mr. Mr. Chairman, I yield 2 minutes to (3) PRIOR CERTIFICATIONS.—Section 5(c)(2) Chairman, I ask unanimous consent the distinguished gentleman from New of such Act is amended— that the amendment be considered as York [Mr. GILMAN], chairman of the (A) in subparagraph (A), by striking ‘‘prin- committee. ciple of equality’’ and all that follows and in- read and printed in the RECORD. serting ‘‘principles of economic justice; The CHAIRMAN pro tempore. Is (Mr. Gilman asked and was given per- and’’; and there objection to the request of the mission to revise and extend his re- (B) in subparagraph (B), by inserting before gentleman from New York? marks.) the period at the end the following: ‘‘and will There was no objection. Mr. GILMAN. Mr. Chairman, I thank create employment opportunities in regions The CHAIRMAN pro tempore. Pursu- the gentleman for yielding time to me. and communities of Northern Ireland suffer- ant to the order of the House of June 5, Mr. Chairman, today I rise to offer, ing the highest rates of unemployment’’. 1997, the gentleman from New York along with the gentleman from New (4) ANNUAL REPORTS.—Section 6 of such Act [Mr. ENGEL] and a Member opposed York [Mr. ENGEL], the Federal is amended— MacBride principles. This important (A) in paragraph (2), by striking ‘‘and’’ at each will control 5 minutes. the end; Is there a Member seeking recogni- bipartisan antidiscrimination measure (B) in paragraph (3), by striking the period tion in opposition? dealing with employment practices in and inserting ‘‘; and’’; and Mr. HAMILTON. Yes, Mr. Chairman, Northern Ireland is included in our (C) by adding at the end the following new I do. amendment as a condition for receipt paragraph: The CHAIRMAN pro tempore. The of any of the U.S. taxpayer contribu- ‘‘(4) each individual or entity receiving as- gentleman from Indiana [Mr. HAMIL- tions to the International Fund for Ire- sistance from United States contributions to TON] will be recognized for 5 minutes in land. the International Fund as agreed in writing This amendment, which we intro- to comply with the principles of economic opposition to the amendment. justice.’’. The Chair recognizes the gentleman duced today, incorporates all of the (5) REQUIREMENTS RELATING TO FUNDS.— from New York [Mr. ENGEL]. changes we have made in the MacBride Section 7 of such Act is amended by adding Mr. ENGEL. Mr. Chairman, I yield principles; in other words, the prin- at the end the following: myself such time as I may consume. ciples of economic justice as defined ‘‘(c) PROHIBITION.—Nothing herein shall re- Mr. Chairman, this is the Engel-Gil- and passed by the last Congress is part quire quotas or reverse discrimination or man amendment on the International of the U.S. contribution to the IFI in mandate their use.’’. Fund for Ireland principles. I want to the foreign aid bill. (6) DEFINITIONS.—Section 8 of such Act is at the outset thank the gentleman We must treat equally those who amended— (A) in paragraph (1), by striking ‘‘and’’ at from New York [Mr. GILMAN] from the would receive any United States for- the end; Committee on International Relations eign assistance the very same as we do (B) in paragraph (2), by striking the period for all his help and hard work on this for many United States employers at the end and inserting a semicolon; and amendment. doing business in Northern Ireland, H3616 CONGRESSIONAL RECORD — HOUSE June 10, 1997 where today many of these firms vol- b 1715 volved, including our own, and their untarily comply with the MacBride fair Mr. HAMILTON. Mr. Chairman, I goals of promoting fair employment employment principles. yield myself such time as I may practices in Northern Ireland. Much more still needs to be done to consume. We should not be legislating intru- address the serious continuing problem I rise in opposition to this amend- sive conditions which are opposed even of discrimination in Northern Ireland, ment. I, of course, realize the popu- by these governments and which others where Catholics are still twice as like- larity of the amendment but I do think could criticize as going beyond U.S. ly to be unemployed as their Protes- it is important to state the other view. law with respect to affirmative action. tant counterparts. This is unfair. It I am not exactly alone in my opposi- I urge a vote against this amend- must change if lasting peace and jus- tion to this amendment. ment. Mr. Chairman, I reserve the balance tice are ever to take hold in Northern The Irish Government has opposed of my time. Ireland. this amendment. They have a new gov- ernment today, of course, and they Mr. ENGEL. Mr. Chairman, may I As a candidate, Mr. Clinton pledged ask how much time remains? have not yet spoken so far as I know. during the 1992 campaign that he would The CHAIRMAN pro tempore (Mr. The British Government has opposed support the MacBride principles. They EWING). The gentleman from New York this amendment. They, too, have a new have been passed into law in all 16 [Mr. ENGEL] has 11⁄2 minutes remaining. States, including our own State of New government. I am not sure exactly how Mr. ENGEL. Mr. Chairman, I yield 1 York, and American cities and towns they feel about MacBride principles, minute and 10 seconds to the gen- have also passed similar resolutions. but the British Government has op- tleman from New York [Mr. MANTON]. We must do more to codify these prin- posed it in the past. And the U.S. Gov- (Mr. MANTON asked and was given ciples in the law this year. ernment opposes this amendment. permission to revise and extend his re- All of us in this Chamber support fair Accordingly, Mr. Chairman, I urge all marks.) employment and nondiscrimination in of our colleagues concerned about last- Mr. MANTON. Mr. Chairman, I rise the workplace in Northern Ireland and ing peace and justice in Northern Ire- today to support the amendment of- elsewhere, but I think we have to be land to support the amendment we are fered by my good friend and colleague, very careful about putting layers of red introducing today. the gentleman from New York [Mr. tape into an assistance program. We Mr. Chairman, I include for the GILMAN], chairman of the Committee need to be very careful about imposing on International Relations. The chair- RECORD a letter from the Irish Na- conditions that will work at cross-pur- tional Caucus in support of this initia- man’s commitment to the peace proc- poses with our shared goals. The in- ess in the north of Ireland has made tive. vestment experts have said to us that The letter referred to is as follows: him an integral part of the Congres- mandating conditionality on U.S. as- sional Ad Hoc Committee for Irish Af- IRISH NATIONAL CAUCUS, INC., sistance to the IFI will have the effect Washington, DC, May 12, 1997. fairs. of hindering international investment Hon. BEN GILMAN, At the same time I also want to ac- Chairman, House International Relations Com- in the region. knowledge the deep commitment to mittee, U.S. House of Representatives, Listen to the words of John Hume; fair employment legislation and to the Washington, DC. there is not anybody more respected in peaceful resolution of the conflict in DEAR CHAIRMAN GILMAN: We, the under- this Chamber on the Irish question the north of Ireland by another friend signed leaders of Irish-American organiza- than John Hume. What does he say? I and colleague, the gentleman from New tions, support the linking of the MacBride quote him: ‘‘If you really want to help York [Mr. ENGEL]. Principles of economic justice to the Inter- us, then encourage investment in areas Mr. Chairman, with the election of national Fund for Ireland as contained in HR of high unemployment in Northern Ire- 1486. the new government in Ireland and the land. That is a positive thing to do. United Kingdom and the continued Attaching the MacBride Principles to for- The effect of the MacBride principles eign aid to Northern Ireland will help to leadership of Senator Mitchell and the guarantee that hard earned tax-payer’s campaign, whether people like to Clinton administration, the possibility money will not be used to subsidize sectarian admit it or not, is to stop investment for a genuine peace process is finally discrimination in Northern Ireland. coming in and that is bad for us.’’ becoming a reality. The MacBride Principles have proven to be Now, I suspect most Members in this The International Fund for Ireland is the most effective response to anti-Catholic body do not support affirmative action designed to stimulate job creation and discrimination in Northern Ireland, and the programs in the United States with all is an integral facet of the peace proc- Principles enjoy massive support in the kinds of mandatory requirements. I do ess. The support of the United States Irish-American community. not know why they would want to try has a tangible effect of contributing to Proof that the MacBride Principles are to legislate affirmative action in an- the search for lasting peace by giving still needed was provided by the recent ex- other country, but that is precisely the chronic unemployed, the under- ample of anti-Catholic discrimination in the what this amendment tries to do. office of Baroness Denton, the British Min- employed, a stake in society, thereby ister formerly responsible for fair employ- Moreover, I think the amendment is drying up the pond that extremism can ment laws in Northern Ireland. not needed. All enterprises in Northern swim in. We thank you, Chairman Gilman, for your Ireland must already conform to the Mr. Chairman, Catholic males are 21⁄2 long and consistent leadership for justice United Kindom Fair Employment Act times more likely to be unemployed and peace in Ireland. of 1989, which imposes one of the than their counterparts from the other Sincerely, strongest and most comprehensive tradition. My support of this amend- Edward J. Wallace, National President, antidiscriminatory sets of regulations ment is driven by a desire to raise the AOH; Francis Hoare, Chairman, Brehon in Europe. Likewise, they must comply standard of living of those who have Law Society; Jean Forest, U.S. Voice with the very elaborate regulations of for Human Rights in Northern Ireland; experienced chronic generational un- Edmund Lynch, Chairman, Lawyers the European Union. employment from both communities. I National Alliance for Justice in Ire- The IFI board oversees the allocation urge the passage of this bill, which is land; Andrew Somers, President, Irish- of all IFI funds. They already rigor- akin to the Sullivan principles that American Unity Conference; Kathleen ously promote fair employment prac- took the moral high ground in South Holmes, Chairwoman, American Irish tices and economic development in dis- Africa. Congress; James V. Mullin, Irish Fam- advantaged communities in Northern Mr. ENGEL. Mr. Chairman, I yield ine Curriculum Committee; John Ireland. They evaluate each project to the balance of my time to the gen- McPhillips, President, Clan Na Gael; ensure that it does not discriminate tleman from Massachusetts [Mr. KEN- Paul Doris, Chairman, Irish Northern and funding is specifically targeted to Aid Committee; Fr. Sean McManus, NEDY]. President, Irish National Caucus; Den- minority and disadvantaged areas. Mr. WEXLER. Mr. Chairman, I yield nis E.A. Lynch, General Counsel, Hi- I believe a better way to proceed here 1 minute to the gentleman from Massa- bernian Civil Rights Coalition; Frank is to preserve support for the IFI, to chusetts [Mr. KENNEDY]. Durkan, Americans for a new Irish have confidence in them, to have con- The CHAIRMAN pro tempore. The Agenda. fidence in the governments that are in- gentleman from Massachusetts [Mr. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3617 KENNEDY] is recognized for 1 minute Mr. SMITH of New Jersey. Mr. Chair- ing and just peace to be achieved in that re- and 20 seconds. man, I ask unanimous consent to pro- gion. (Mr. KENNEDY of Massachusetts ceed for an additional 30 seconds. I wholeheartedly support the amendment asked and was given permission to re- The CHAIRMAN pro tempore. Is and urge its adoption. vise and extend his remarks.) there objection to the request of the The CHAIRMAN pro tempore. The Mr. KENNEDY of Massachusetts. Mr. gentleman from New Jersey? question is on the amendment offered Chairman, I rise in strong support of There was no objection. by the gentleman from New York [Mr. the amendment by the gentleman from The CHAIRMAN pro tempore. The ENGEL]. New York [Mr. GILMAN] to this legisla- gentleman from New Jersey [Mr. The amendment was agreed to. tion. I think that the gentlemen from SMITH] is recognized for 30 seconds. The CHAIRMAN pro tempore. Are New York, [Mr. GILMAN], [Mr. MAN- (Mr. SMITH of New Jersey asked and there further amendments? TON], and [Mr. ENGEL], and others was given permission to revise and ex- AMENDMENT OFFERED BY MS. SLAUGHTER ought to be congratulated for the lead- tend his remarks.) Ms. SLAUGHTER. Mr. Chairman, I ership that others like the gentleman Mr. SMITH of New Jersey. Mr. Chair- offer an amendment. from New York, [Mr. KING] and the like man, I rise in very strong support of The Clerk read as follows: have shown in trying to make certain the Engel-Gilman amendment to link Amendment offered by Ms. SLAUGHTER: that we eliminate the kind of terrible United States contributions to the At the end of title XVIII insert the follow- discrimination against Catholics that international fund for Ireland to these ing new section: has existed in the north of Ireland. very important MacBride principles, SEC. 1712. SENSE OF CONGRESS REGARDING AS- I was interested to hear the ranking principles we passed as part of H.R. SISTANCE TO LITHUANIA AND LAT- member describe the fact that there 1561 last year. VIA. are provisions under the existing laws I want to remind Members that when It is the sense of the United States House in Great Britain to protect against em- the President vetoed H.R. 1651 last year of Representatives that— he went out of his way in a letter to (1) adequate assistance should be provided ployment discrimination. Those pro- to Lithuania and Latvia in fiscal year 1998; tections are simply a sham. The truth Brian Atwood, the administrator of (2) assistance to Lithuania should be con- of the matter is, all they do is allow AID, to say that he is committed to tinued beyond fiscal year 1998 as it continues people to understand that there is a job fair employment principles for Catho- to build democratic and free market institu- available. They do nothing about guar- lics in the north of Ireland. The Presi- tions; and anteeing the fact that Catholics can dent went on to say that he vetoed that (3) the President should consider continu- get those jobs. bill for reasons unrelated to the section ing assistance to Latvia beyond fiscal year There has been traditionally a ter- dealing with the MacBride principles. 1998, as appropriate, to build democratic and rible unemployment rate, in some com- So while today, the administration free market institutions. munities as high as 90 percent for gen- may put out language suggesting they The CHAIRMAN pro tempore. Pursu- eration after generation because of em- are against this provision, in his Au- ant to the order of the House of June 5, ployment discrimination that has ex- gust 1996 letter to Brian Atwood, the 1997, the gentlewoman from New York isted. All this legislation would call for President himself said he was for the [Ms. SLAUGHTER] and a Member op- is that when funds are available from MacBride principles. posed each will control 5 minutes. this country to Northern Ireland and to This is a very important fair employ- The Chair recognizes the gentle- the border communities, that they in ment piece of legislation. woman from New York [Ms. SLAUGH- fact cannot discriminate against the Astonishingly, job discrimination against TER]. Catholic minority in the north of Ire- Catholics in the north of Ireland is the status Ms. SLAUGHTER. Mr. Chairman, I land. It is sound legislation, it is the quo. Consider these facts. Out of the 87,000 yield myself such time as I may right legislation, and it is the moral children below the poverty line, 58,000, or 66 consume. and correct thing to do. I congratulate percent, are Catholic. In Northern Ireland, over My amendment is very straight- the gentleman from New York [Mr. 42 percent of Catholic men are unemployed forward. It just expresses the sense of GILMAN], for his foresight in pursuing compared to 25 percent of their Protestant col- Congress that foreign aid to the Baltic this legislation. leagues. According to the most recent Labor states of Latvia and Lithuania should Mr. WEXLER. Mr. Chairman, I yield Force Survey, 55 percent of the unemployed be provided in the fiscal year 1998 and the balance of my time to the gen- are Catholics, even though they comprise 38 beyond for Lithuania. It also states tleman from New York [Mr. ENGEL]. percent of the population over the age of 16. that Latvia should continue to receive The CHAIRMAN pro tempore. The United States support to the IFI is intended aid as the President determines it nec- gentleman from New York [Mr. ENGEL] to help mitigate the social and economic prob- essary. This amendment supports these is recognized for 30 seconds. lems that contribute to the civil unrest in nations as they continue to evolve to- Mr. ENGEL. Mr. Chairman, I yield to Northern Ireland. People cannot come to a ward a free market economy and de- the gentleman from New York [Mr. lasting peace agreement if they are the sub- velop democratic institutions. KING]. ject of ongoing, systematic, disparaging dis- On behalf of all the Latvian and Lith- Mr. KING. Mr. Chairman, I rise in crimination. The MacBride principles, which uanian Americans who have made this support of the Engel-Gilman amend- would eliminate religious-based discrimination country their home, I am pleased to ment. I commend them for their ef- in employment and job training, are modest offer this amendment. Since gaining forts. and will go a long way to foster peace and their independence from the former So- Mr. Chairman, the Irish peace proc- justice in Northern Ireland. At least 16 viet Union earlier this decade, Latvia ess is right now at a very defining mo- StatesÐincluding my home State of New Jer- and Lithuania have both made impor- ment. One of the main causes of vio- seyÐand more than 30 U.S. cities have tant strides towards democracy and lence over the years has been the sys- adopted the MacBride principles. Similarly, the the removal of the shackles of oppres- tematic discrimination against the na- Federal Government should adopt this code sive communism. Lithuania and Latvia tionalist community. If American and ensure that U.S. taxpayer funds do not go have a long, proud history and have money is going to the north of Ireland to subsidize discrimination in the work force. struggled valiantly against forces on for the Fund for Ireland, it is essential Human rights abuses are far-reaching in the all sides of their borders, forces that that discrimination not be allowed, north of Ireland. Juryless Diplock courts, ill- would suppress their freedom in de- that systematic discrimination be treatment of individuals in detention, lack of manding the Soviet troops be removed rooted out and uprooted. It is only then access to attorneys, search and seizure from their soil and that the Baltic that we can have real peace in Ireland. abuses, sectarian use of plastic bullets, and states be granted independence. It is essential that the United States religious discrimination are common human In 1990, pro-independence forces were stand by the absolute commitment to rights abuses in Northern Ireland. Linking our able to win a majority in parliamen- peace and justice, and also to ensure financial contributions to the IFI to the tary elections in Lithuania. Despite an that no systematic state-sponsored dis- MacBride principles is a small step in address- attempted coup by Soviet soldiers, crimination be allowed in the north of ing just one of the many human rights abuses Lithuania and the other Baltic states Ireland. that need to be eliminated in order for a last- were able to gain their independence. H3618 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Last fall, Mr. Chairman, national elec- Ms. SLAUGHTER. I yield to the gen- more conventional weapons to developing tions brought reform forces back into tleman from Florida. countries than all other countries combined, the Parliament following a collapse of Mr. WEXLER. Mr. Chairman, I rise averaging $11,889,000,000 a year in agreements the private banking sector and the en- in support of the amendment. It is an to supply such weapons to developing coun- tries for the six years since the end of the suing Government crisis. appropriate expression of congressional cold war, 58 percent higher than the Despite this renewed democratic re- support for United States assistance $7,515,000,000 a year in such agreements for form, the State Department made a cu- programs in support of democratic and the six years prior to the dissolution of the rious decision to end the aid program free market reform in Latvia and Lith- Soviet Union. to the Lithuania through the Support uania. I simply just urge very strong (8) Since the end of the cold war, 84 percent for the Eastern European Democracies support for the Slaughter amendment. of United States arms transfers have been to or the SEED Program as reflected in The CHAIRMAN pro tempore (Mr. developing countries are to countries with an undemocratic form of government whose the President’s budget request, this in EWING). The question is on the amend- ment offered by the gentlewoman from citizens, according to the Department of spite of the fact that USAID’s in-coun- State Country Reports on Human Rights try mission, the U.S. Embassy and non- New York [Ms. SLAUGHTER]. Practices do not have the ability to peace- government at organizations such as The amendment was agreed to. ably change their form of government. the Lithuanian-American community AMENDMENT OFFERED BY MS. MCKINNEY (9) Although a goal of United States for- all support continued aid to Lithuania Ms. MCKINNEY. Mr. Chairman, I eign policy should be to work with foreign at this time. offer an amendment. governments and international organizations The reasons for aid are clear. Contin- The CHAIRMAN pro tempore. Is the to reduce militarization and dictatorship and ued threats to safety and stability by amendment one of those specifically therefore prevent conflicts before they arise, during 4 recent deployments of United States organized crime in Lithuania are a se- listed in the order of the House of June Armed Forces—to the Republic of Panama, rious concern. The previous govern- 5, 1997? the Persian Gulf, Somalia, and Haiti—such ment failed to place walls between the Ms. MCKINNEY. Yes, Mr. Chairman, Armed Forces faced conventional weapons Government and private interests, re- it is. that had been provided or financed by the sulting in corruption and one of the The CHAIRMAN pro tempore. The United States to undemocratic governments. reasons for its fall from power. Clerk will report the amendment. (10) The proliferation of conventional arms The people of Lithuania responded The Clerk read as follows: and conflicts around the globe are multilat- eral problems, and the fact that the United democratically to these problems by Amendment offered by Ms. MCKINNEY: At the end of the bill add the following States has emerged as the world’s primary voting in a new reform Government. seller of conventional weapons, combined The new reform Government is trying (and conform the table of contents accord- ingly): with the world leadership role of the United to adopt anticorruption legislation and States, signifies that the United States is in is in critical need of technical experts DIVISION C—ARMS TRANSFERS CODE OF a position to seek multilateral restraints on to assist them. Without our aid, this CONDUCT the competition for and transfers of conven- will not be possible. In addition, there TITLE XX—ARMS TRANSFERS CODE OF tional weapons. is a continued need for technical ex- CONDUCT (11) The Congress has the constitutional perts to assist with the reorganization SEC. 2001. SHORT TITLE. responsibility to participate with the execu- tive branch in decisions to provide military and privatization of the energy sector. This title may be cited as the ‘‘Code of Conduct on Arms Transfers Act of 1997’’. assistance and arms transfers to a foreign Again, our aid is critical. SEC. 2002. FINDINGS. government, and in the formulation of a pol- Mr. Chairman, Lithuania and Latvia The Congress finds the following: icy designed to reduce dramatically the level have proven to be our allies and our (1) Approximately 40,000,000 people, over 75 of international militarization. friends. They have requested an invita- percent civilians, died as a result of civil and (12) A decision to provide military assist- tion to join NATO at the earliest pos- international wars fought with conventional ance and arms transfers to a government sible date, a request which Congress weapons during the 45 years of the cold war, that is undemocratic, does not adequately may soon grant them. demonstrating that conventional weapons protect human rights, is currently engaged can in fact be weapons of mass destruction. in acts of armed aggression, or is not fully b 1730 (2) Conflict has actually increased in the participating in the United Nations Register Should we not continue assisting post cold war era, with 30 major armed con- of Conventional Arms, should require a high- flicts in progress during 1995. er level of scrutiny than does a decision to Lithuania and Latvia at this important provide such assistance and arms transfers moment in their history? (3) War is both a human tragedy and an on- going economic disaster affecting the entire to a government to which these conditions Mr. Chairman, I urge the House to world, including the United States and its do not apply. support this amendment of continued economy, because it decimates both local in- SEC. 2003. PURPOSE. support to Lithuania and Latvia in fis- vestment and potential export markets. The purpose of this title is to provide clear cal year 1998, and Lithuania beyond, as (4) International trade in conventional policy guidelines and congressional respon- they continue to build democratic free weapons increases the risk and impact of war sibility for determining the eligibility of for- market institutions. in an already over-militarized world, creat- eign governments to be considered for United Mr. GILMAN. Mr. Chairman, will the ing far more costs than benefits for the Unit- States military assistance and arms trans- gentlewoman yield? ed States economy through increased United fers. States defense and foreign assistance spend- Ms. SLAUGHTER. I yield to the gen- SEC. 2004. PROHIBITION OF UNITED STATES MILI- ing and reduced demand for United States ci- TARY ASSISTANCE AND ARMS tleman from New York. vilian exports. TRANSFERS TO CERTAIN FOREIGN Mr. GILMAN. Mr. Chairman, I thank (5) The United Nations Register of Conven- GOVERNMENTS. the gentlewoman for yielding, and I tional Arms can be an effective first step in (a) PROHIBITION.—Except as provided in rise in support of the amendment of- support of limitations on the supply of con- subsections (b) and (c), beginning on and fered by our good colleague from New ventional weapons to developing countries after October 1, 1998, United States military York. and compliance with its reporting require- assistance and arms transfers may not be The amendment is not an earmark, it ments by a foreign government can be an in- provided to a foreign government for a fiscal is simply an encouragement to the tegral tool in determining the worthiness of year unless the President certifies to the such government for the receipt of United Congress for that fiscal year that such gov- President to make certain that our aid States military assistance and arms trans- ernment meets the following requirements: to Lithuania and Latvia is going to be fers. (1) PROMOTES DEMOCRACY.—Such govern- adequate enough to support necessary (6) It is in the national security and eco- ment— political and economic reforms in nomic interests of the United States to re- (A) was chosen by and permits free and fair those two Baltic States. Accordingly, duce dramatically the $840,000,000,000 that all elections; Mr. Chairman, I urge the adoption of countries spend on armed forces every year, (B) promotes civilian control of the mili- the amendment. $191,000,000,000 of which is spent by develop- tary and security forces and has civilian in- Ms. SLAUGHTER. Mr. Chairman, re- ing countries, an amount equivalent to 4 stitutions controlling the policy, operation, times the total bilateral and multilateral and spending of all law enforcement and se- claiming my time, I thank the gen- foreign assistance such countries receive curity institutions, as well as the armed tleman very much. every year. forces; Mr. WEXLER. Mr. Chairman, will the (7) According to the Congressional Re- (C) promotes the rule of law, equality be- gentlewoman yield? search Service, the United States supplies fore the law, and respect for individual and June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3619 minority rights, including freedom to speak, (2) DETERMINATION WITH RESPECT TO EMER- weapons to a noncomplying govern- publish, associate, and organize; and GENCY SITUATIONS.—The President, when, in ment, then the President would have to (D) promotes the strengthening of politi- his determination, it is not contrary to the come to Congress requesting an exemp- cal, legislative, and civil institutions of de- national interest to do so, shall submit to tion and have that exemption approved mocracy, as well as autonomous institutions the Congress at the earliest possible date re- by a vote in Congress. to monitor the conduct of public officials ports containing determinations with re- and to combat corruption. spect to emergencies under subsection The administration and some Mem- (2) RESPECTS HUMAN RIGHTS.—Such govern- (c)(1)(B). Each such report shall contain a de- bers of Congress felt this gave too ment— scription of— much authority to Congress and de- (A) does not engage in gross violations of (A) the nature of the emergency; prived the President of his ability to internationally recognized human rights, in- (B) the type of military assistance and make foreign policy. In the spirit of cluding— arms transfers provided to the foreign gov- compromise, we have stripped the (i) extra judicial or arbitrary executions; ernment; and original bill of this language and now (ii) disappearances; (C) the cost to the United States of such all that remains are the underlying (iii) torture or severe mistreatment; assistance and arms transfers. values that motivated this bill in the (iv) prolonged arbitrary imprisonment; SEC. 2005. SENSE OF THE CONGRESS. (v) systematic official discrimination on first place, and that is that the United It is the sense of the Congress that the States ought not be in the business of the basis of race, ethnicity, religion, gender, Committee on International Relations of the national origin, or political affiliation; and supplying weapons to dictators. House of Representatives and the Committee Gone is the automatic trigger that (vi) grave breaches of international laws of on Foreign Relations of the Senate should war or equivalent violations of the laws of hold hearings on— some objected to. And so now the piece war in internal conflicts; (1) controversial certifications submitted of legislation before us asks us to make (B) vigorously investigates, disciplines, under section 2004(a); the fundamental assertion of what we and prosecutes those responsible for gross (2) all requests for exemptions submitted stand for in the world and whose side violations of internationally recognized under section 2004(c)(1)(A); and human rights; we are on. Is it that the United States (3) all determinations with respect to (C) permits access on a regular basis to po- of America that speaks eloquently on emergencies under section 2004(c)(1)(B). litical prisoners by international humani- the subject of respect for human rights tarian organizations such as the Inter- SEC. 2006. UNITED STATES MILITARY ASSIST- and democracy and democratic tradi- ANCE AND ARMS TRANSFERS DE- national Committee of the Red Cross; FINED. tions is only paying lip service to these (D) promotes the independence of the judi- For purposes of this title, the terms ‘‘Unit- ideals when confronted with a hungry ciary and other official bodies that oversee ed States military assistance and arms client wanting our advanced tech- the protection of human rights; transfers’’ and ‘‘military assistance and nology only to enhance their ability to (E) does not impede the free functioning of arms transfers’’ mean— torture and abuse their own popu- domestic and international human rights or- (1) assistance under chapter 2 of part II of ganizations; and lation? Or do we stand with those peo- the Foreign Assistance Act of 1961 (relating ple around the world who are victims (F) provides access on a regular basis to to military assistance), including the trans- humanitarian organizations in situations of of the world’s tyrants, who have no fer of excess defense articles under section voice in the international arena and conflict or famine. 516 of that Act; (3) NOT ENGAGED IN CERTAIN ACTS OF ARMED (2) assistance under chapter 5 of part II of who only have the conscience of the AGGRESSION.—Such government is not cur- the Foreign Assistance Act of 1961 (relating world to help them? rently engaged in acts of armed aggression to international military education and This legislation helps to give the in violation of international law. training); or United States a conscience for the (4) FULL PARTICIPATION IN U.N. REGISTER OF (3) the transfer of defense articles, defense leaders around the world who do not CONVENTIONAL ARMS.—Such government is services, or design and construction services have one. This legislation helps to give fully participating in the United Nations under the Arms Export Control Act (exclud- a voice to those people around the Register of Conventional Arms. ing any transfer or other assistance under (b) REQUIREMENT FOR CONTINUING COMPLI- world who cannot speak out in their section 23 of such Act), including defense ar- ANCE.—Any certification with respect to a own countries. And finally, this legisla- ticles and defense services licensed or ap- foreign government for a fiscal year under tion puts the international behavior of subsection (a) shall cease to be effective for proved for export under section 38 of that Act. the United States in sync with our that fiscal year if the President certifies to words, our beliefs, and our fundamental Ms. MCKINNEY (during the reading). the Congress that such government has not values. continued to comply with the requirements Mr. Chairman, I ask unanimous con- The initial opponents of this bill did contained in paragraphs (1) through (4) of sent that the amendment be considered such subsection. us a favor, really, by asking us to re- as read and printed in the RECORD. (c) EXEMPTIONS.— move and cut certain sections of the The CHAIRMAN pro tempore. Is (1) IN GENERAL.—The prohibition contained bill, because what is left is the fun- in subsection (a) shall not apply with respect there objection to the request of the damental answer to the question, ‘‘Will to a foreign government for a fiscal year if— gentlewoman from Georgia? we sell weapons to dictators?’’ (A) subject to paragraph (2), the President There was no objection. This bill is no longer about Presi- submits a request for an exemption to the Ms. MCKINNEY. Mr. Chairman, I ask dential prerogatives being impinged Congress containing a determination that it unanimous consent that I be recog- on. This bill is no longer about too is in the national security interest of the nized for 8 minutes. much congressional authority in the United States to provide military assistance The CHAIRMAN pro tempore. Is and arms transfers to such government; or area of foreign policy-making. This bill (B) the President determines that an emer- there objection to the request of the is simply about whether we will apply gency exists under which it is vital to the in- gentlewoman from Georgia? the standards to our guns and tanks terest of the United States to provide mili- There was no objection. and missiles and bombs that we apply tary assistance and arms transfers to such Ms. MCKINNEY. Mr. Chairman, I am to computers and chemicals. government. very proud to offer the McKinney- In this country, even a car is consid- (2) DISAPPROVAL.—A request for an exemp- Rohrabacher amendment, which I be- ered a lethal weapon, and we apply cer- tion to provide military assistance and arms lieve is a significant enhancement to tain standards on who can operate a transfers to a foreign government shall not the legislation we are now considering, car. So getting a driver’s license and take effect, or shall cease to be effective, if the State Department authorization a law is enacted disapproving such request. keeping that license subjects us all to (d) NOTIFICATIONS TO CONGRESS.— bill. certain competency requirements, cer- (1) IN GENERAL.—The President shall sub- This is no longer a controversial tain standards. If we lose our license, mit to the Congress initial certifications amendment. Significant compromise then we fail to meet the requirements under subsection (a) and requests for exemp- and change have been incorporated for operating the car. Do we not con- tions under subsection (c)(1)(A) in conjunc- into this new version of the Arms sider it important who purchases our tion with the submission of the annual re- Trade Code of Conduct that I am intro- rifles, tanks, guns, and bullets? We quest for enactment of authorizations and ducing today. In the first version of the appropriations for foreign assistance pro- even have laws that govern and restrict grams for a fiscal year and shall, where ap- bill, the President would certify coun- the flow of certain information and propriate, submit additional or amended cer- tries at the beginning of each fiscal knowledge. Should we not at least be tifications and requests for exemptions at year that comply with the code of con- concerned about who gets our weapons any time thereafter in the fiscal year. duct. If the President wanted to sell that kill people? H3620 CONGRESSIONAL RECORD — HOUSE June 10, 1997 At home, after much struggle, we common criteria governing their own Hussein; Panama, Manuel Noriega; Somalia, have come up with standards on who arms transfers. There is growing sup- Siad Barre, and Haiti, the Duvalier family. can buy a gun. Convicted felons and port for European Union-wide code of In fiscal year 1994 $7 billion of taxpayer the mentally ill cannot buy guns le- conduct among all of Europe’s govern- money went to subsidize U.S. arms exports. In gally in this country. Thank goodness ments. Germany, Sweden, The Nether- fiscal year 1995, that figure jumped to $7.6 bil- we were able to pass the Brady bill so lands, Belgium, and Ireland are all lion. After agricultural price supports, this rep- that we could stop certain purchases of leading this fight. But the boldest steps resents the largest subsidy program for busi- guns. Passing the Brady bill was done, have been taken by Tony Blair’s Brit- ness in the entire Federal budgetÐWelfare for though, only after the unreason- ain. The New Labour Government has Weapons dealers. ableness and extremism of the NRA declared that centrality of human Our Government employs nearly 6,500 full was demonstrated to the American rights in its weapons sales is central to time personnel to promote and service foreign public. its decisions. arms sales by U.S. companies. Unfortunately, the code of conduct So we are not alone, those of us who U.S. subsidies for arms transfers are sched- has its own equivalent to the NRA want the United States to stand on the uled to increase. The international market for which, I believe, is not only extreme opposite side of whatever dictator is U.S. arms is estimated to be around $12 to but also reckless in its disregard of there with ready cash for our guns and $16 billion per year. Therefore, our foreign what happens when these weapons are bullets. History teaches us that those customers aren't even paying for the weapons delivered to our dictator clients. weapons do not end up in a remote that they get. And more than half of U.S. In 1964, the United States made a de- depot, they end up either intimidating weapons sales will be paid for by the U.S. tax- cision to support Mobutu Sese Seko, or ‘‘in’’ people who want a better way payers. who became a tyrant and a dictator to of life and who dare to say so; who In 1995, subsidies for arms exports ac- counted for over 50 percent of U.S. bilateral the people of Zaire. Over the course of want freedom of expression and who aid and more than 39 percent of total U.S. for- the decades of our support for his dic- dare to act; who want to live in a de- eign aid. the emphasis on promoting weapons tatorship, we shipped almost $170 mil- mocracy as we do in this country and exports has come at the expense of programs lion of weapons to him. We provided $18 who dare to confront tyranny. designed to promote economic development million of training to the military; We are not alone at home either, and social welfare in these recipient nations. 1,356 officers, virtually the entire even in this administration. The re- I'd much rather see us exporting tractors and Zairian officer corps, received officer cently-confirmed CIA director, George training. A total of $187 million of U.S. seeds to dictators than guns and bullets. Tenet, on May 6, 1997, at a session of The American arms trade policy is killing our military aid went to Zaire. the Senate Select Committee on Intel- What was that aid? 2,500 riot control citizens, destroying worldwide democracy, and ligence, said the following: kits; 2,000 military vehicles for crowd sending us spiraling down a path of economic ‘‘But the proliferation issue—and control; 2,000 rifles; $2 million worth of ruin. particularly the proliferation of ballis- ammunition, and 24 military aircraft. President Dwight D. Eisenhower said, What we gave Mobutu was not mili- tic missiles—and conventional weap- ``There can be no peace without law. And tary assistance to defend his country ons—we often ignore what the pro- there can be no law if we were to invoke one from outside intervention. What we liferation of conventional weapons code of international conduct for those who gave to Mobutu was the means to con- means for U.S. forces—this issue is oppose us and another for our friends.'' We trol dissent and demonstrations. What probably the greatest threat to U.S. must help to stop the arms trade boomerang. we gave Mobutu was the means to con- forces and our men and women who de- Over 300 organizations support the No Arms trol his own population and hence, to ploy overseas than any other’’ issue. to Dictators Code of Conduct. Among these keep himself in power. As a result, we The CHAIRMAN. The time of the organizations are: Vietnam Veterans Of Amer- are complicit in how he used his mili- gentlewoman from Georgia [Ms. ica Foundation, Young Women's Christian As- tary, trained and supplied by us. MCKINNEY] has expired. sociationÐthe YMCAÐof America, and Bread (By unanimous consent, Ms. MCKIN- This is the kind of end use that con- of the World, and organizations of the Pres- NEY was allowed to proceed for 30 addi- cerns us. This is the kind of end use byterian, Lutheran, and Roman Catholic tional seconds.) that compelled Dr. Arias and four churches. other Nobel Peace Prize winners to Ms. MCKINNEY. Mr. Chairman, I I would like to thank the hundreds of volun- come together 2 weeks ago in New cannot say it any better than our CIA teers who have put thousands of hours into York to declare their support for the director. The issue before the Congress making the U.S. Code of Conduct our law. code of conduct. Dr. Oscar Arias today is a national security issue and a Each of us must be concerned about what brought together Jorge Ramos-Horta moral issue. Seldom are we given such happens when we sell weapons to dictators. of East Timor, Betty Williams of a stark opportunity to be on the right I urge my colleagues to support the Arms Northern Ireland, His Excellency the side of both issues. The Arms Trade Trade Code of Conduct. Dalai Lama of Tibet, and our own Elie Code of Conduct is just such an oppor- Mr. SMITH of New Jersey. Mr. Chair- Wiesel. Organizations that have won tunity. man, I rise in support of the amend- the Noble Peace Prize were also rep- I ask my colleagues to vote for this ment, the Arms Transfer Code of Con- resented at this press conference: Am- amendment and let us be known by the duct, and it will be the first major re- nesty International, the American values we espouse and not the weapons form of U.S. arms transfer policy in al- Friends Service Committee, and the of oppression that we supply. most two decades. International Physicians for the Pre- Mr. Chairman, U.S. weapons are currently The code of conduct highlights guid- vention of Nuclear War. Dr. Arias also being used in 39 of the world's current 42 eth- ing principles on human rights and de- had letters of support from Archbishop nic and territorial conflicts. mocracy, which I believe are important Desmond Tutu, Lech Walesa, and sev- In the past 4 years, 85 percent of U.S. arms to America’s leadership role in the eral others who were not able to at- sales to the Third World have gone to un- post-cold war era. This amendment tend. The gentleman from New York democratic governments. The United States is would help stem the flow of U.S. weap- [Mr. GILMAN] attended the press con- responsible for 44 percent of all weapons de- ons to countries that brutalize their ference and was moved to a standing liveries in the world. The United States is own people. ovation after the remarks of Elie unqualifiedly the arms dealer to the world, and The code of conduct would make it Wiesel. the merchant for death to the world's dictators. clear that in the 21st century the Unit- So, people who have been recognized Language requiring Congress to approve an ed States of America intends not just in the international community for arms sale to a dictator before it's been made to be a military and economic super- their dedication to peace have come to- has been modified to give the President an power but a moral superpower as well. gether to say that this legislation is automatic waiver for national security pur- It signals an end to business as usual necessary. How will history record poses which Congress could block after exten- for human rights violators. those who do not support this legisla- sive debate. Mr. Chairman, two-thirds of all of tion? A total of 453 American soldiers have been our foreign military sales go to coun- Member states of the European killed by armies strengthened by our own tries described by the State Depart- Union have already agreed to eight weapons and military training: Iraq, Saddam ment Country Reports on Human June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3621 Rights Practices as human rights vio- In the post-cold war, the code of con- type of code of conduct? Well, they will lators with undemocratic governments. duct is totally consistent with Ameri- know that we are on their side and not Mr. Chairman, a few years ago I ca’s traditions and America’s prin- the side of the thugs and gangsters who made a trip to Croatia when it was ciples. In the long-term, it will not hold power in too much of the world under siege. The gentleman from Vir- only serve the interest of human free- today. ginia, [Mr. WOLF], and I visited a city dom, but it will also serve our national Our Founding Fathers believed that that was literally surrounded by tanks security and international stability re- America would be and should be the and by military, a place called quirements as well. beacon of liberty, of hope and justice to Vukovar. Vukovar was finally leveled, During the cold war, compromises the whole world. That was our but while we were there we saw the were necessary. These were com- strength. That is what the Founding bomb casings and we saw the 500-pound promises that we had to make with Fathers believed in. That is what bombs that were dropped. And I will nondemocratic regimes because we America is supposed to be all about. It never forget taking pictures of these were defending against even larger is not that we are the toughest guy in bomb casings that had U.S. markings gangsters and thugs who wanted to de- the world and have the most weapons, all over them. stroy the United States of America and but we can count on the friendship of I will never forget also talking to the free world. Today, we should stand good and decent people all over the President Milosevic and trying to ask for freedom and democracy and we world. That is where America’s him to stop that carnage that was should insist that this be a basis for strength is. That is the type of world going on in Croatia. Later on it was any relation that we have with other we are trying to build. America’s rolled out to Bosnia. Much of their countries and other governments. strength was not in that we were allied military capability came from the I served Ronald Reagan in the White with dictatorships. House, who altered a fundamental tac- United States and then was used in a Let me note that on this floor we tic that was being used during the cold slaughterhouse fashion against people have two pictures. We have George war. Before Ronald Reagan, the U.S. who were unarmed, women and chil- Washington over here and we have the Government was always anti-Com- dren and men who were civilians. Marquis D’Lafayette here. Why do we munist. But during Ronald Reagan’s Mr. Chairman, the code of conduct is have a picture of a foreigner on the term of office, he changed our position not a threat to U.S. national security. floor of Congress? This was a man who to being profreedom. Today we should It contains a provision for an emer- came to the United States before there continue Ronald Reagan’s successful gency waiver that would allow the was a United States. He stood for the profreedom policy by pulling back from President to transfer arms to a country principles of freedom and democracy shipping arms to dictatorships and that does not meet the code’s criteria and helped us win our battle against making sure that we are on the side of if U.S. national security really did re- the most oppressive, imperialistic the people rather than on the side of power of the day, Great Britain. quire such a transfer, and it provides the oppressors in those countries where We do not want to betray our Found- for an orderly process for Congress to dictatorships exist. This will be in the ing Fathers today and side with the op- consider other exceptions of non- long-term interest of the United pressors of the world, the people who emergency nature. States. Mr. Chairman, year after year in This was, in this policy that Ronald would use weapons to oppress their human rights hearings in the Sub- Reagan articulated during the 1980’s, is own people and stifle democratic insti- committee on International Operations what ended the cold war. It was not the tutions. If we do, if this is our policy and Human Rights, which I now chair, fact that we had more missiles and now that the cold war is over, I can as- we hear there is a disconnect in U.S. more guns, although we did increase sure my colleagues that if we look at foreign policy between human rights our weapons. It was the fact that George Washington, the father of our and other considerations. Amnesty America began to realistically and se- country, and if we look very closely International put it best when it said riously talk about the promotion of de- into the eyes of Lafayette, that we will about this administration’s human mocracy in the world. And in the end, see a tear because they will know that rights policy, that ‘‘Human rights is an the people who lived under tyranny we are no longer the American people island off the mainland of U.S. foreign hammered away at their walls and that they thought we would be. policy.’’ This amendment is a step to- pulled those walls down and united So I stand here today with people ward closing the circle, connecting themselves with the good and decent who only years ago were my adversar- things that ought to be connected. and democratic countries of the world. ies on many issues. We must tell the world that freedom This amendment will in fact The CHAIRMAN pro tempore [Mr. and democracy do matter. A good way strengthen American foreign policy by EWING]. The time of the gentleman to begin is by telling the world that empowering our diplomats to tell the from California [Mr. ROHRABACHER] has the United States will not put deadly military dictators that they should lib- expired. weapons into the hands of the enemies eralize their policies, respect human (By unanimous consent, Mr. of freedom and democracy. rights, and join the family of demo- ROHRABACHER was allowed to proceed Mr. Chairman, I want to congratu- cratic nations, or we will not be their for 30 additional seconds.) late the gentlewoman from Georgia, friend and we will not provide them Mr. ROHRABACHER. Mr. Chairman, [Ms. MCKINNEY], and the gentleman weapons to repress their own people. I would just say that I am very proud from California, [Mr. ROHRABACHER], What does selling weapons to dicta- to stand with the gentlewoman from for their good work in crafting this torships really mean? It means that we Georgia [Ms. MCKINNEY], the gen- amendment, and again I rise in very will give weapons to people who thwart tleman from California [Mr. DELLUMS], strong support of it. democratic elections, oppress their very proud to stand with the gen- people, and then we will expect their tleman from New Jersey [Mr. SMITH], b 1745 people to pay us back. Well, is that not and people on both sides of the aisle, Mr. ROHRABACHER. Mr. Chairman, something to be proud of. That is who are saying that through this code I move to strike the requisite number something we can no longer accept in of conduct, this is the way America of words. the United States of America. The cold will be strong, this is the way we will First of all, I would like to congratu- war is over. It is time for us to have a live up to what our Founding Fathers late the gentlewoman from Georgia new code of conduct that puts democ- wanted us to be, and it is a bipartisan [Ms. MCKINNEY] on fighting the leader- racy and human rights ahead of a fast issue, and together we are standing for ship on this issue. This is not a left- buck in selling weapons to the dic- the true and democratic principles that wing issue. This is not a right-wing tators around the world who repress our Founding Fathers believed in. issue. I am very proud to be here today people and violate the very principles I thank the gentlewoman from Geor- to stand with CYNTHIA MCKINNEY and which this country is supposed to be all gia. all the rest of my colleagues who sup- about. Mr. DELLUMS. Mr. Chairman, I port this moral code of conduct for the What will the people of the world move to strike the requisite number of United States of America. think about us if we adopt this kind of words. H3622 CONGRESSIONAL RECORD — HOUSE June 10, 1997 I yield to the gentlewoman from and author Elie Wiesel; Mairead Maguire, the common standards to govern arms exports California [Ms. PELOSI]. champion of peace in Northern Ireland; from all European Union member states. (Ms. PELOSI asked and was given 6. Labour will prevent British companies Rigoberta Menchu, Mayan Indian and human from manufacturing, selling or procuring permission to revise and extend her re- rights advocate from Guatemala; human rights equipment, such as electric shock batons, de- marks.) and development champion, Adolofo Perez signed primarily for torture and we will Ms. PELOSI. Mr. Chairman, I thank Esquivel of Argentina; Amnesty International; press for a global ban. the gentleman for yielding. the American Friends Service Committee; the 7. Labour will ban the import, export, Mr. Chairman, I rise in support of the International Physicians for the Prevention of transfer and manufacture of all forms of new code of conduct for weapons sales, Nuclear War; and several others. anti-personnel land mines and their compo- and I commend the gentlewoman from nent parts and we will introduce an imme- Certainly the United States should be the diate moratorium on their use. We will also Georgia [Ms. MCKINNEY] for excep- leader on such an important international pol- press internationally for more rapid progress tional leadership on this, as well as the icy. in demining operations. gentleman from California [Mr. Yet for some reason, the United States has 8. The Scott Inquiry Report demonstrated ROHRABACHER] for his, as well. abrogated its responsibility to be the world the extent of ‘‘diversionary routes’’ used by Mr. MCGOVERN. Mr. Chairman, will leader on this issue. Instead, of the countries Iraq to acquire defence equipment through the gentleman yield? that comprise 80 percent of the world's arms third countries using false end-user certifi- Mr. DELLUMS. I yield to the gen- exports, only France and the United States re- cates. Labour will strengthen monitoring of tleman from Massachusetts. the end-use of defence exports to prevent di- main uncommitted to a policy of denying arms version to third countries and to ensure that (Mr. MCGOVERN asked and was given to dictators and human rights abusers. When exported equipment is used only on the con- permission to revise and extend his re- the Labour Party won the recent elections in ditions under which the export licence has marks.) Great Britain, they immediately declared that been granted. We will also seek cooperation Mr. MCGOVERN. Mr. Chairman, I the ``Labour Government will not issue export to build a common approach on effective thank the gentleman for yielding. I licences for the sale of arms to regimes that monitoring of end-use within the European rise in support of the McKinney amend- might use them for internal repression or inter- Union and under the Wassenar Arrangement. ment. national aggression, nor permit the sale of EUROPEAN PARLIAMENT, Mr. Chairman I rise today in support of the weapons in circumstances where this might in- MEMBER OF THE EUROPEAN PARLIAMENT, amendment offered by the gentlelady from tensify or prolong existing armed conflicts or May 9, 1997. Georgia [Ms. MCKINNEY]. I want to thank her where these weapons might be used to abuse DEAR REPRESENTATIVE: We understand for the leadership she has taken on this very human rights.'' They also pledged that the that the House of Representatives will be important issue to establish a code of conduct British Government will now work for the intro- voting on the US Code of Conduct on Arms Transfers which will be offered as an amend- on U.S. arms transfers. duction of a European code of conduct to gov- Mr. Chairman, the United States is the ment to the Fiscal Year 1998–99 Foreign Aid ern arms exports from all the European Union and State Department Authorisation Bill world's undisputed political leader. We are member states. (HR 1486). We look forward to Congress tak- also the undisputed leader in arms exports, Mr. Chairman, the time has come for the ing a lead on this vitally important issue. shipping more arms abroad than all other United States to establish a code of conduct. There are important opportunities this countries combined. If we are to set a stand- I urge my colleagues to vote in support of the year for the European Union and the United ard that establishes a pro-democracy, pro- McKinney amendment. States to coordinate the establishment of similar controls on the arms trade. Pre- human rights criteria for arms transfers, U.S. Mr. Chairman, I enter into the RECORD the leadership is crucial. If the United States sets viously no country has been willing to take Labour Government's policy on a responsible significant unilateral steps towards control, a standard, then our Government can chal- arms trade along with information on the posi- fearing the loss of export markets to com- lenge others to adhere to similar standards. tions of other European leaders on this issue. petitors. It is, therefore, vital that the US When the United States has led the way in the LABOUR’S POLICY PLEDGES FOR A and the EU, as the world’s leading suppliers, pastÐsuch as in the control of ballistic mis- RESPONSIBLE ARMS TRADE act together to implement restraint. Within the European Union (EU), the new silesÐother nations soon followed. EIGHT STEPS TO STOP THE ARMS-TO-IRAQ British government is committed to estab- Simply put, Mr. Chairman, this code of con- SCANDAL HAPPENING AGAIN lishing an EU Code of Conduct on the arms duct would declare, clearly and unambig- 1. A Labour Government will not issue ex- trade setting high common standards of re- uously, that the United States will no longer port licences for the sale of arms to regimes straint for all EU Member States. The Ger- play the dangerous game of putting dangerous that might use them for internal repression man, Swedish, Dutch, Irish and Belgian gov- weapons in the hands of dangerous govern- or international aggression, nor will we per- ernments have also indicated their support ments. The United States will no longer fuel mit the sale of weapons in circumstances for a restrictive common EU arms export where this might intensify or prolong exist- regional arms races. And the United States policy as advocated by an EU Code. At Euro- ing armed conflicts or where these weapons pean level the European Parliament has will no longer be associated with repression might be used to abuse human rights. and international weapons proliferation. passed three resolutions calling on Member 2. Labour will increase transparency and States of the European Union to develop a The code of conduct that would be estab- introduce more stringent controls over the Code of Conduct on arms transfers. lished by approving this amendment is very export of defence equipment in line with rec- Lack of restraint in the past has led to so- simple. For a country to be eligible to receive ommendations of the Scott Report. We will called boomerang effect situations. During U.S. weapons, they must meet four criteria. therefore publish an annual report on UK the Gulf War allied troops faced an Iraqi They must: First, be a democratic form of gov- strategic exports. The report will set out the army supplied with weapons from both the state of export controls and report on their ernment; second, respect the basic human United States and Europe. Similarly, US application. It will set out the total value of troops in Panama, Haiti, Somalia, and the rights of their citizens; third, refrain from ag- defence exports to each country, list by former Yugoslavia have faced hostile forces gression against other nations; and fourth, country of destination the number of items armed with weapons and weapons technology fully participate in the U.N. Register of Con- delivered in each equipment category and supplied by the United States. ventional Arms. These criteria are all primary give details of all export licences granted The establishment of parallel Codes of tenets of U.S. past and present foreign policy. and refused. It will be expected that the For- Conduct on both sides of the Atlantic would The President may exempt a country from this eign, Defence and Trade and Industry Select counter the familiar argument ‘‘if we don’t criteria and the Congress would need to affirm Committees will wish to examine the annual sell arms, someone else will’’. The debate report which in turn may pave the way for a over US policy on sales of high tech. weap- that decision. Over 100 national organizations parliamentary debate. onry to South America highlights the urgent in the United States support this code of con- 3. Labour will press for a European Reg- need for a co-ordinated approach. In the duct. ister of Arms Exports which will provide at past, concerns over the dangers posed by the A Commission of Nobel Peace Laureates, a European level the information that Brit- introduction of new levels of technology dic- made up of 16 Nobel Peace Prize winners, ain will make available in the annual report. tated US policy in the region. Yet now, the have called for an international code of con- 4. Labour will work to strengthen the UN Clinton Administration finds itself under duct on arms transfers. This commission in- Conventional Arms Register encouraging pressure to change its policy, for fear of ‘‘los- cludes such individuals as Oscar Arias, the greater disclosure of information on arms ex- ing’’ sales to Europe and other competitors. ports and arms transfers by all countries and The establishment of similar Codes in the US former President of Costa Rica; the Dalai extending it to include other categories of and EU removes this risk by creating respon- Lama; Jose Ramos-Horta from East Timor; weapons such as small arms. sible common controls. Lech Walesa of Poland; Archbishop Desmond 5. Labour will work for the introduction of A European Code of Conduct, similar to Tutu from South Africa; Holocaust survivor a European Code of Conduct setting high that which the House of Representatives is June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3623 soon to consider, would seek to expand, clar- THE NEED FOR MULTILATERAL ACTION on light weapons transfers. Other EU coun- ify and implement criteria already agreed by Focusing narrowly on maintaining market tries’ policies are more restrictive. For ex- EU Member States. These criteria stress share, to date, no country has been willing to ample: Portugal has a self-imposed arms em- that weapons exports should take into ac- take unilateral steps toward control, fearing bargo on Indonesia; Sweden will not approve count such factors as the internal and re- it will lose export markets to competitors. any new weapons contracts; and Italy tempo- gional stability of recipient states, the Therefore, it is vital that as the world’s lead- rarily suspended arms exports to Indonesia human rights record of the recipient state, ing suppliers, the EU and the United States in 1993 following UN criticism of the Suharto and the status of democracy in the recipient work together to implement restraint. Build- regime’s human rights record. state. ing on common guidelines already agreed by This failure to implement common arms The adoption of responsible Codes of Con- the EU and by the Organization on Security export controls has enabled the EU Member duct in the EU and US would also encourage and Cooperation in Europe (OSCE), the U.S. States to defend arms exports to countries in progress towards the establishment of an and EU should institute parallel Codes of regions of tension or with poor human rights International Code of Conduct within the Conduct on arms transfers. Together, these records by arguing that ‘‘if we don’t sell United Nations. With this in mind a Commis- Codes would: arms, someone else will.’’ Subsequently, sev- sion of Nobel Laureates led by Dr Oscar Protect European and American military eral European governments including the UK Arias, including Mikhail Gorbachev, Jose personnel. Lack of restraint and common and Germany support the adoption of an EU Ramos Horta, The Most Reverend Desmond policy on arms exports places our armed Code of Conduct on the arms trade which Tutu and The Dalai Lama is currently en- forces at risk in overseas operations. This would provide a common, restrictive inter- couraging the development of a such a Code. weapons ‘‘boomerang’’ endangered European pretation of the eight criteria. Several other We write to encourage you to support the and American troops who faced weapons sup- governments, including Sweden, Nether- Code of Conduct on Arms Transfers amend- plied by their own governments during lands, Italy, Belgium and Ireland have also ment. Due to its undisputed position as the peacekeeping operations in Somalia, Bosnia given their qualified support for the EU world’s leading weapons exporter, success in and Rwanda. Allied troops also faced an Iraqi Code. Specifically, the Code initiative seeks the United States will add significant weight to: army heavily armed as a result of arms ex- to the move towards efforts to establish a Strengthen the eight criteria already ports from the UK and France during the European wide Code of Conduct. We look for- agreed by providing a restrictive interpreta- ward to Congress taking a leading role, and 1980s. tion of them and making them legally bind- Prevent undercutting. In response to con- to a positive outcome. ing on all EU countries. cerns over controversial weapons sales, Yours sincerely, Increase accountability and transparency weapons manufacturers often take the focus Glenys Kinnock MEP (UK), First Vice- in the arms trade by providing a tool by away from the policy implications of these President, ACP/EU Joint Assembly; which parliamentarians can monitor govern- transfers by arguing that ‘‘if we don’t sell, Michel Rocard MEP (France), Presi- ment practice against objective standards. someone else will.’’ As a result, threats of dent, Committee for Development Co- CODES OF CONDUCT GAINING SUPPORT ACROSS lost market share have overshadowed the operation; Jan Willem Bertens MEP EUROPE AND BEYOND real consequences of these transfers—even in (Netherlands), President, Sub-Commit- the most controversial weapons sales. Co- Support for an EU Code is growing, with tee on Security and Disarmament; operation on export policy will prevent ei- the United Kingdom, Germany, Sweden, the Wilfred Martens MEP (Belgium), Presi- ther U.S. or European companies from un- Netherlands, Italy, Belgium and Ireland all dent of the European People’s Party; dercutting one another in pursuit of sales, lending their support to the initiative. Given Bernie Malone MEP (Ireland), Vice and as a result will allow governments to the new British government’s declarations in President, Employment and Social Af- take a more measured look at the foreign support for an EU Code, the initiative is fairs Committee; Pauline Green MEP policy and human rights implications of pro- likely to gain significant momentum, when (UK), Leader of the Socialist Group; Dr posed transfers. the UK holds the EU Presidency in the first Christoph Konrad MEP (Germany), Reduce discrepancies on human rights and half of 1998. A cross-party network of over 300 par- Member, Sub-Committee on Security regional stability. The ‘‘if we don’t sell, liamentarians across Europe have pledged and Disarmament. someone else will’’ argument used by the de- their individual support for efforts underway fense industry also misses the point that CODES OF CONDUCT ON ARMS TRANSFERS: AN to establish Codes of Conduct in the EU and weapons sales are not just like any other OPPORTUNITY FOR THE UNITED STATES AND US. Supporters include: Robin Cook, UK For- commodity sold on the international mar- ITS EUROPEAN ALLIES TO WORK TOGETHER eign Secretary; Margaret Beckett, UK Min- ket. Governments deal with weapons trans- ister for Trade and Industry; Reginald The European Union (EU) and the United fers differently precisely because the impact Moreels, Belgian Development Minister; States together account for 80 percent of the that weapons transfers can have is so vast. Michel Rocard, Member of the European Par- global arms trade. There is clearly a need for As major suppliers, the U.S. and EU have a a more responsible, principled approach to liament and former French Prime Minister; special responsibility to ensure that the per- and Jan Willem Bertens, Member of the Eu- arms exports on the part of the major suppli- ceived economic gain of a weapons transfers ers. More specifically, increased coordina- ropean Parliament from the Netherlands and does not take precedence over key foreign Chair of the Committee on Security and Dis- tion on arms export policy between the Unit- policy concerns, and that weapons transfers ed States and the European Union would bet- armament. do not contribute to instability and global An array of over 100 eminent figures have ter allow the allies to work in concert in violence. While human rights and regional their efforts to promote democracy and declared their support for national, regional, stability considerations already play a role and international codes of conduct. Support- international stability. A coordinated export in decision-making on arms sales on both policy should emphasize regional and inter- ers include: Dr. Oscar Arias; Dr. Joseph sides of the Atlantic, there is considerable Rotblat; Rev. Desmond Tutu; Mikhail Gorba- national security considerations, as well as divergence in how these standards are trans- human rights and development, and not chev; the Dalai Lama; Patricia Derian, lated into policy by different governments. former US Assistant Secretary of State for allow such critical foreign policy concerns to For example, in response to human rights be overshadowed by short-sighted commer- Human Rights and Humanitarian Affairs; violations, the US has a ban on the export of David Lange, former Prime Minister of New cial interests. armored personnel vehicles to Indonesia, The EU has already agreed to eight com- Zealand; Barber Conable, former President of whereas the UK recently signed a deal for 100 mon criteria governing arms exports, and the World Bank; and Nobel Peace Prize lau- such vehicles. Parallel US and EU Codes there is significant progress on expanding reate Mairead Maguire. would encourage a convergence of arms ex- the criteria. Specifically, there is growing Former President of Costa Rica Dr. Oscar port control policies at the higher levels of Arias has convened a commission of his fel- support among European governments, in- restraint, thus helping to iron out such dis- low Nobel Peace laureates to serve as a high- cluding the UK and Germany, for an EU-wide crepancies. profile ‘‘moral voice’’ in support of Codes of Code of Conduct on the arms trade setting Conduct. The Commission of Nobel Laure- high common standards for weapons exports PROGRESS ON THE EU CODE OF CONDUCT ates currently includes: Dr. Oscar Arias, Mi- for all EU countries. In addition: In the aftermath of the Gulf War, EU coun- The new UK Government has pledged that tries agreed eight common criteria to govern khail Gorbachev, Archbishop Desmond Tutu, it will ‘‘work for the introduction of an EU arms exports. These were designed to re- the Dalai Lama, Lech Walesa, Joseph Code of Conduct setting high common stand- strain arms sales to regions of tension, to Rotblat, Mairead Maguire, Betty Williams, Ellie Weisel, Jose´ Ramos Horta, Adolpho ards to govern arms exports from all Euro- countries with poor human rights records Perez Esquivel, and Norman Borlaug, as well pean Union Member States.’’ and to military aggressors. Currently, how- The German government ‘‘favours the ever, these criteria are vague and non-bind- as Amnesty International, and the American most binding application possible of the fun- ing. Despite the adoption of common guide- Friends Service Committee. Dr. Arias and damentals contained in the EU Code of Con- lines, EU countries continue to maintain di- the Laureates Commission are now actively duct on the arms trade.’’ 1 vergent national arms export policies. Ex- promoting a model international code to port policies vis-a` -vis Indonesia provide a governments, UN officials, and the general public around the world. 1 The proposed EU Code of Conduct text drafted by particularly striking example. The UK and the British American Security Information Council, Germany will export weapons to Indonesia, Mr. LUTHER. Mr. Chairman, will the Saferworld, and the World Development Movement. though Germany has a presumption of denial gentleman yield? H3624 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Mr. DELLUMS. I yield to the gen- (Mr. SANDERS asked and was given One can imagine, for example, if it is tleman from Minnesota. permission to revise and extend his re- in the United States interests, and it (Mr. LUTHER asked and was given marks.) might be, to support one side or other permission to revise and extend his re- Mr. SANDERS. Mr. Chairman, I rise in a war, let us say an Iran-Iraq situa- marks.) in strong support of the McKinney tion, but we nevertheless may not wish Mr. LUTHER. Mr. Chairman, I rise amendment and congratulate the gen- that to be known as a matter of public also in support of the McKinney tleman from California [Mr. knowledge. We might transfer arms to amendment. I commend the gentle- ROHRABACHER] on his efforts. This is an Saudi Arabia and Saudi Arabia would woman for her outstanding leadership important step forward. then transfer them. on the code of conduct. Mr. DELLUMS. Mr. Chairman, I In any event, whether that hypo- Mr. Chairman, I rise in support of the sense that we are in the closing mo- thetical is accurate or not, the thought McKinney amendment that aims to curb the ments of this debate and I sense that occurred to me that we must be careful proliferation of conventional weapons around there is clearly an emerging very to leave the President sufficient free- the world. The push to sell arms overseas strong bipartisan consensus in support dom when a special circumstance began in the early 1990's after the end of the of this amendment. So I would simply, arises that he could carry out the pol- cold war when Pentagon procurement of con- in brief, congratulate and thank both icy of the United States without hav- ventional weapons significantly decreased, my distinguished colleague, the gentle- ing it spread across the front pages of and today in some instances, the U.S Govern- woman from Georgia [Ms. MCKINNEY], the newspapers. ment is actually encouraging foreign govern- and my distinguished colleague, the And so the gentlewoman from Geor- ment to purchase arms from U.S. defense gentleman from California [Mr. gia [Ms. MCKINNEY] was kind enough to contractors. This policy is unacceptable, and I ROHRABACHER] for their persisting in accept in the committee, and we all ap- call on the administration to join us in curbing this effort to establish a code of con- proved in the committee, the amend- these sales. duct for this Nation on the transfer and ment which is now found in the com- This Code of Conduct simply requires con- the sale of military arms. mittee print of the bill in clause (d)(2): gressional approval for arms transfers to for- In brief, if we continue, Mr. Chair- ‘‘The President, when in his determina- eign governments that are undemocratic, do man, to look upon weapons sales as one tion it is not contrary to the national not protect human rights, or are engaged in of our major exports, I believe that it interest to do so, shall submit to the acts of armed aggression. This common is imperative that, as a great nation, Congress at the earliest possible date sense amendment does not restrict arms we establish some basic ground rules reports containing determinations with sales to our strongest allies and makes excep- on such sales. The beauty, the bril- respect to emergencies under sub- tions in cases where national security is an liance, and the eloquence of the amend- section (c)(1)(b).’’ issue. ment that is before us lies in the fact That sentence was added at my re- The United States is by far and away the that it is both basic and simple. It sim- quest. As a result, if I might just take world's premier arms dealer, and a high per- ply asks that any country receiving a moment and parse this, when the cent of U.S. arms sales to the developing President realizes that it is in the na- U.S. arms meet four very straight- world are to non-democratic countries where tional interest not to do so, when it is forward conditions. I repeat them and citizens have no right to choose their own gov- in the national interest not to make underscore them for the purposes of ernment. These sales strengthen repressive this transfer public, he may, under the emphasis: and corrupt militaries and often these coun- One, have a democratic form of gov- emergency circumstances presented in tries purchase weapons at the expense of the bill, refrain from doing so. ernment. Two, respect human rights. much needed investments in education, health Certainly, it is in the interest of all Three, be nonaggressive. And four, par- care and basic infrastructure needs. Some- of us in the normal case, and consist- ticipate in the U.N. register of conven- times these weapons are used against our ent with the sense of the amendment of tional arms. What could be more fun- country's own armed forces. the gentlewoman from Georgia [Ms. damental? What could be more basic? The European Union, as the second largest MCKINNEY] that we do make public de- What could be more simple? Therein arms dealer in the world, has already agreed partures from our policy regarding lies the eloquence, the brilliance, and to eight common criteria governing arms ex- States that fail to meet the standards the genius of this amendment. ports and is making significant progress in ex- that were outlined in the amendment. As a longtime supporter and one who panding the criteria. Therefore, the argument But, occasionally, this will not be the has given all of my adult life to the that ``if we don't sell arms, someone else will,'' case. cause of peace, I am pleased, proud, and cannot be used in opposition to this amend- I note to all of my colleagues who honored to associate myself with the ment. There should be a coordinated policy might have had concerns about the remarks of all of my colleagues who between the United States and Europe relat- amendment that as it has now been have spoken prior to me at this point. ing to arms sales, and the European Union is amended, as it now reads, they should I would urge my colleagues to support to be commended for taking the lead in ad- not have such a concern. If it is in the the amendment. national interest to do so, the Presi- dressing this critical issue. Mr. CAMPBELL. Mr. Chairman, I With the end of the cold war, the prolifera- dent need not make an arms transfer a move to strike the requisite number of tion of conventional weapons around the globe matter of public record. words. has become an issue of international concern. Accordingly, I was able to support Mr. Chairman, I rise in strong sup- I urge my fellow House Members to support the McKinney amendment. In the pre- port of the amendment by my col- this responsible amendment. I also commend vious Congresses I was not able to do league from Georgia [Ms. MCKINNEY], Ms. MCKINNEY from Georgia for her hard work so. But I thought in this case my col- and I wish to recount to my colleagues on this issue. league was gracious, and, I believe, Mr. ENGEL. Mr. Chairman, will the that during the committee deliberation served the national interest, in accept- gentleman yield? she was gracious enough to accept an ing this amendment. So today, Mr. Mr. DELLUMS. I yield to the gen- amendment of mine to her amendment, Chairman, I am able to support it and tleman from New York. which enabled me to support it. It may I urge my colleagues to support it and (Mr. ENGEL asked and was given be of importance to other colleagues particularly those of my colleagues permission to revise and extend his re- who had the same reservation that I who might have expressed some con- marks.) did to notice what this amendment cern about the amendment heretofore. Mr. ENGEL. Mr. Chairman, I rise in does. Last, in one point of lightness to my strong support of the McKinney The concern that I had is that occa- good friend and colleague from Califor- amendment. We ought not to transfer sionally American foreign policy re- nia, Mr. DELLUMS, I believe the provi- American weapons to foreign govern- quires the transfer of arms to nations sion is that countries must be demo- ments that are undemocratic. that are not exactly exemplars of cratic and not Democrat. I could be in Mr. SANDERS. Mr. Chairman, will human rights, but oftentimes we never- error about that, but I think that is the gentleman yield? theless find it in our interest to trans- how it should be. Mr. DELLUMS. I yield to the gen- fer arms to such countries so that they Mr. DELLUMS. Mr. Chairman, if the tleman from Vermont. might transfer arms to others. gentleman would yield, democratic is June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3625 what the gentleman attempted to say. to promote the rule of law. It requires them to mitted by these countries. It directs the Presi- We tend to get into this Democrat respect human rights. It requires them not to dent to certify countries interested in purchas- business and I do not like that. I would be engaged in armed aggression that violates ing weapons from the United States based on like to think we are talking sub- international law. And it requires them to fully their ability to institute democratic practices. stantively here, we are talking about participate in the U.N. Register of Conven- The code would prohibit sales of arms to na- democracy. tional Arms. tions partaking in human rights violations and Mr. CAMPBELL. Mr. Chairman, These are all ideals which all Americans acts of aggression. might I reclaim my time by saying share. Shouldn't our foreign aid policy reflect Former Senator Hatfield, one of the original that the gentleman portrays the very these ideals? sponsors of code of conduct legislation in best of that spirit and I was offering Mr. Chairman, the United States has a great Congress, stated that last year that ``it is time the correction only in the sense of deal of power. We also have a great deal of for Congress to assume a greater responsibil- humor. responsibility. We should help foster democ- ity for our arms export policies.'' Those words Mr. KENNEDY of Massachusetts. I rise in racy and freedom in the world. I urge all my still ring true. This week, we have voted on strong support of my colleagues' amendment. colleagues to vote yes on this amendment. amendments to condemn various countries I am pleased to have worked with them for Mr. NADLER. Mr. Chairman, I rise to sup- from involvement in terrorism, for brutal acts of many years now on the issue of demilitariza- port the McKinney-Rohrabacher amendment religious or ethnic persecution, and to punish tion around the world. By promoting demili- to establish an arms sales code of conduct. countries for acts of armed aggression. Yet, tarization we are able to help insure our own After more than 30 years of the cold war some Members would vote to allow continued Nation's security interest. with record high peacetime defense budgets sales of arms to these same countries which In 1995, I joined with Dr. Oscar Arias, the and a tremendous amount of global arms ex- have raised our ire. It's time to stop talking Nobel Peace Prize winner, to launch the Year ports, the United States has left the world about the horrific acts of these rogue nations 2000 Campaign. This campaign seeks to have armed to the teeth with millions of tons of and start doing something to curb the ability of industrialized nations condition their aid to pro- bombs, jets, submarines, and artillery. The those nations to acquire the tools to conduct mote demilitarization. I believe that we should world is awash in weapons. their atrocities. condition U.S. foreign assistance on the size These excessive exports have fueled armed Furthermore, how can we continue to sell of a country's military budget. conflicts throughout the world, destabilized re- arms to nations that may use those weapons Last Thursday, Dr. Arias joined Betty Wil- gions, and have forced governments of devel- against American soldiers? This practice puts liams of Northern Ireland, Elie Wiessel the oping nations to spend more money on arms our sons and daughters in further danger Holocaust survivor, the Dalai Lama, Desmond and less money on the vital needs of their whenever our troops are deployed. Our sol- Tutu of South Africa, and ten other winners of people. diers have already faced forces armed with the Nobel Peace Prize to announce their sup- In 1994 alone the United States sold or United States produced weapons in recent port for the International Code of Conduct, gave $13 billion of weapons to almost 100 troop deployments in Iraq, Somalia, Haiti, and which is based on the McKinney-Rohrabacher countries, many of which, according to the Panama. This is unacceptable. bill. State Department's Country Reports on Let's finally bring some accountability to the I do not believe that the U.S. tax dollars Human Rights, are run by abusive or non- process of selling arms on the international should be used to help subsidize a country's democratic regimes. In Panama, Iraq, Soma- market. I urge my colleagues to support this military expenditures when that country does lia, and Haiti, United States Forces were amendment. not have a democratically elected government threatened by troops assisted by United Mr. FARR of California. Mr. Chairman, I rise or it spends more on weapons than on health States training, weapons, or military tech- today in support of implementing a code of care or nutrition or education. nology. conduct for U.S. arms transfers. Non-democratic governments received 84 We must put an end to this deadly cycle, The spread of weapons is one of the most percentÐnearly $50 billionÐof the $59.1 of and this amendment would do just that by giv- serious threats to our Nation's security today. American weapons that were transferred to ing Congress a real role in shaping U.S. arms Unfortunately, our own country has contributed developing countries through foreign aid or export policy. The bill does not impose an in- to this proliferation. Tens of billions of dollars Pentagon administered corporate sales during flexible ban, but instead provides for a respon- of weapons are sold by U.S. arms manufactur- the past 5 years. sible review policy, whereby Congress must ers to countries around the world, and today Developing countries received 67 percent of carefully consider arms sales to abusive re- the United States is a leading supplier of mili- the $88.5 billion total of U.S. arms transfers gimes. If congress agrees with the President tary equipment to foreign nations. during the past 5 years. that it is in our national interest to continue to Many of these weapons sales are made to Perhaps Indonesia provides the best exam- sell weapons to a particular country, then governments that are hostile to the United ple of what we ought not to be doing. The In- sales would be permitted. This is not a ban on States or to their own people. There is nothing donesian Armed Forces have become a mili- all arms exports; it is a reasonable step that to prevent many of these countries from using tary mafia, receiving $1.6 billion every year in we can take now to begin to curb weapons American weaponry to suppress democracy or United States backed loans from the World sales to dangerous regimes. violate human rights within their borders. And BankÐequal to that country's entire reported As the leading arms exporter, the United let us not forget United States military engage- military budget. Yet it is no secret that the In- States has the opportunity and the responsibil- ments in Iraq, Panama, and elsewhere where donesian military under-reports its military ex- ity to accept certain limitations on the sale of our own troops have been threatened by op- penditures by somewhere between 25 and 50 American arms. If we act boldly on this issue, posing armies armed with American-made percent. I am confident the world will follow. When the weapons. We should not stand for a policy In Indonesia we see a military economy, United States led the way by refusing to ex- that sacrifices the lives of our own soldiers for dictatorship, human-rights abuses, and the ille- port anti-personnel landmines, the rest of the the sake of making a buck. gal occupation of East Timor. The army con- world followed and enacted bans of their own. Congresswoman CYNTHIA MCKINNEY has trols massive private and state-run corpora- Efforts are already underway to create an been a tireless advocate for creating a code of tions. They systematically shake-down the international code of conduct on conventional conduct for arms manufacturers which would wealthy ethnic Chinese business community. arms transfers, and voting for this amendment end this senseless and dangerous practice. The military maintains a shadow government will further strengthen those efforts. The code of conduct would not outlaw arms controlling life from the national level to the I want to commend Representatives MCKIN- sales, but require that arms exports be made smallest village. NEY and ROHRABACHER for offering this only to those nations that are democratic and This amendment would end United States amendment and I urge my colleagues to vote respect the human rights of their own people. military support for Indonesia. And, after last for it. Weapons sales to any other countries would month's fraudulent elections in which only one Ms. HOOLEY of Oregon. Mr. Chairman, I require approval by the President and Con- party was allowed to campaign and opposition rise in support of this amendment. I support gress. leaders were harassed and jailed, it is about the measure because we cannot, in good con- Let us stop putting the lives of innocent peo- time that the United States end support for In- science, continue to turn a blind eye to the un- ple at risk. I urge my colleagues to support donesia. democratic and often deplorable practices of a creating a code of conduct for U.S. arms The code of conduct required foreign gov- few rogue nations. sales. ernments to promote democracy through a The code of conduct legislation does more Mr. ENGEL. Mr. Chairman, I rise to express free, open, and fair elections. It requires them than just recognize the atrocities being com- support for the amendment offered by my H3626 CONGRESSIONAL RECORD — HOUSE June 10, 1997 good friend from Georgia, Ms. MCKINNEY. This The CHAIRMAN pro tempore. The nese significant offensive advantages fine amendment prohibits arms transfers to Clerk will report the amendment. over regional navies and further their foreign governments that are undemocratic, do The Clerk read as follows: ambitions in the South China Sea and not protect human rights, or are engaged in Amendment offered by Mr. other areas of the Pacific. A serious acts of aggression. ROHRABACHER: long-term effect is the Chinese ability We must all recognize that as the leader of At the end of the bill add the following to reverse engineer the SSN–22 tech- the free world, our country must set the stand- (and conform the table of contents accord- nology, thus to develop lethal parity ard in the effort to prevent the sale of arms to ingly): with the United States Navy. dictators. Unfortunately, our Government still DIVISION C—MISCELLANEOUS Another immediate grave threat is provides its materiel to some of the world's PROVISIONS the potential transfer of SSN–22’s from most autocratic governments. In fact, in sev- China to Iran. China has become the SEC. 2001. ASSISTANCE FOR THE RUSSIAN FED- eral recent conflicts where large numbers of ERATION. primary arms source for the Iranians, American troops have served, including Soma- None of the funds made available to carry to include the shipments of ballistic lia and Panama, we have opposed soldiers out chapter 11 of part I of the Foreign Assist- missiles and chemical weapons tech- armed with weapons supplied by the United ance Act of 1961 (22 U.S.C. 2295 et seq.) for fis- nologies. An SSN–22 mounted on a mo- States. It's time we learned from these mis- cal years, 1998 and 1999 may be made avail- bile land platform would be extremely takes. able for the Russian Federation if the Rus- difficult to defend against and would Mr. Chairman, I commend the gentlewoman sian Federation, on or after the date of the enactment of this Act, transfers an SS–N–22 threaten any of the ships in the Straits from Georgia for her leadership on this issue of Hormuz. and urge my colleagues to vote in favor of the missile system to the People’s Republic of China. The Government of Russia has gone code of conduct amendment. beyond the threshold of acceptability Ms. HARMAN. Mr. Chairman, I rise today in b 1800 in its conduct by offering to sell this opposition to the Rohrabacher amendment to The CHAIRMAN pro tempore (Mr. deadly missile to China. My amend- H.R. 1757, the Foreign Relations Authorization EWING). Pursuant to the order of House ment will send a strong message that Act, which would deny United States foreign of June 5, 1997, the gentleman from in return for the generosity shown by assistance to Russia to prevent the transfer of California [Mr. ROHRABACHER] and a American taxpayers to assist Russia missile technology to China and Iran. Member opposed, the gentleman from during this time of need, the Russian While I am a strong supporter of non- Florida [Mr. WEXLER] each will control Government must respect the national proliferation measures, and measures to in- 5 minutes. security of the United States and the crease stability in the Asia-Pacific region, I The Chair recognizes the gentleman lives of our young men and women in firmly believe this amendment would have ex- from California [Mr. ROHRABACHER]. uniform. actly the opposite effect of what it intends: it Mr. ROHRABACHER. Mr. Chairman, Let me be very clear on this, Mr. would, in fact, encourage the illegal transfer of I yield myself such time as I may Chairman. This missile was designed technology by Russia. consume. Again I would like to offer by Russia during the cold war to kill The primary reason for the transfer of such my congratulations to the gentle- American sailors and American air- technology in cash-strapped Russia is to ob- woman from Georgia [Ms. MCKINNEY] men. This missile, if it is transferred to tain hard currency. To deny United States aid for the great job that she did in provid- the Chinese, will lead at least to the would make Russia's dire economic cir- ing this code of conduct legislation. situation where our people are being cumstances worse. The inevitable response Again, I was very proud to stand by her put in jeopardy. If we are giving $95 by desperate business interests will be to seek and work with her in that effort. million in aid to Russia while they are even more illicit trade. On this particular amendment, it has We are all aware of allegations that have re- sending that type of weapons system to something to do with a different part cently surfaced regarding Russian techno- a potential enemy, we are making a of the world in terms of setting stand- logical assistance to rogue nations that would mistake. Shame on us. Not shame on ards just for the United States. This enable them to build advanced missiles capa- them. particular amendment that I am offer- My amendment simply says, unless ble of targeting our friends and allies. These allegations must be taken seriously, ing would deny all $95 million in U.S. they cease and desist from the transfer by the administration and Congress. I have foreign assistance funding to Russia of this deadly weapons system to the written to and called our National Security Ad- during fiscal years 1998 and 1999 if the Chinese, they have gone over the viser, Sandy Berger, on several occasions and Russian Federation transfers super- threshold of acceptability and we will he has arranged several excellent briefings for sonic SSN–22 missiles to China. be cutting off all of our aid to the This advanced cruise missile system Members. He has also assured me that Presi- former Soviet Union, to Russia. endangers the lives of countless Amer- dent Clinton took up these issues with Presi- Mr. Chairman, I reserve the balance ican service men and women and could dent Yeltsin at the May 27 Paris summit, fol- of my time. alter the balance of power in key stra- Mr. WEXLER. Mr. Chairman, I yield low-up continues, and further efforts will be tegic areas such as the Straits of Tai- 2 minutes to the distinguished gen- made at the highest levels later this summer. Mr. Chairman, this amendment is well in- wan and the Persian Gulf. This sunburn tleman from New York [Mr. GILMAN], tended but misses the mark. We must provide missile was created by the Russians to chairman of the Committee on Inter- appropriate aid to Russia to help it monitor attack American ships, especially national Relations. proliferation, and to rebuild its economy so the American ships that are equipped with (Mr. GILMAN asked and was given impulse for illicit proliferation is reduced. advanced Aegis sea and air radar battle permission to revise and extend his re- In this case, less is less. Less aid means management systems. The SSN–22, a marks.) less control and less security. I urge my col- supersonic sea skimmer missile, can be Mr. GILMAN. I thank the gentleman leagues to vote ``no.'' fired by a ship or from land and it is for yielding me this time. The CHAIRMAN. The question is on extremely difficult to defend against. A Mr. Chairman, I rise to reluctantly the amendment offered by the gentle- long-range version of that missile can oppose the Rohrabacher amendment. woman from Georgia [Ms. MCKINNEY]. damage an aircraft carrier. The gentleman is someone I admire on The amendment was agreed to. In December 1996 a secret weapon the committee and has done much The CHAIRMAN pro tempore. Are sale agreement was completed in Mos- good. I will note that when we consid- there other amendments? cow during the state visit of the Chi- ered this amendment in committee, AMENDMENT OFFERED BY MR. ROHRABACHER nese premier. The Chinese began seek- the gentleman from Illinois [Mr. HYDE] Mr. ROHRABACHER. Mr. Chairman, ing to acquire this missile in direct re- offered a perfecting amendment allow- I offer an amendment. sponse to the deployment of U.S. war- ing the President to waive this restric- The CHAIRMAN pro tempore. Is the ships in the Straits of Taiwan during tion if he found it to be in the national amendment one of those specifically China’s attempt to militarily intimi- security interest of our Nation. listed in the order of the House of June date Taiwan during its national elec- U.S. assistance programs in Russia 5, 1997? tions. are key to United States security. We Mr. ROHRABACHER. No, it is not, The immediate impact of the trans- won the cold war and now it is time to Mr. Chairman. fer of SSN–22 missiles will give the Chi- lock in our win to make certain Russia June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3627 never is such a major threat to the States. The McKinney amendment had civil rights of the people of East Timor, United States. some real teeth in it and meant some- while also being a steadfast advocate for If the gentleman from California [Mr. thing about human rights and democ- nonviolence and dialogue between the people of East Timor and the Indonesian authori- ROHRABACHER] would include a Hyde racy. This amendment has something ties. national security waiver, I would not to do really with the security interest (b) DECLARATION OF POLICY.—The Congress oppose this amendment. However, of the United States. What we are say- affirms its support for a just and peaceful so- without a Hyde security waiver, I re- ing is that there is a threshold over lution to the conflict in East Timor. luctantly have to oppose the amend- which the Russians have passed, over Mr. HALL of Ohio (during the read- ment. I am concerned about weapons to that threshold that we can no longer ing). Mr. Chairman, I ask unanimous China, but this hurts our key interests tolerate and continue to give them consent that the amendment be consid- in Russia without ensuring the end of millions upon millions, $95 million in ered as read and printed in the RECORD. missile transfers. aid to the Russians. It is unacceptable The CHAIRMAN pro tempore. Is Mr. WEXLER. Mr. Chairman, I yield if we are going to give them that kind there objection to the request of the myself such time as I may consume, of aid for them to transfer weapons gentleman from Ohio? and I rise in opposition to this amend- that are aimed at murdering, at killing There was no objection. ment. American soldiers and American sail- The CHAIRMAN pro tempore. Pursu- Mr. Chairman, the purpose of this ors. ant to the order of the House of June 5, amendment is certainly meritorious. This amendment would basically pre- 1997, the gentleman from Ohio [Mr. Nobody wants Russia to transfer anti- vent us from subsidizing people who HALL] and a Member opposed each will ship cruise missiles to China. That is are then turning around and giving this control 5 minutes. for certain. But this amendment would horrible weapons system to potential The Chair recognizes the gentleman also cut off all assistance to Russia if enemies of the United States and per- from Ohio [Mr. HALL]. those arms transfers in fact take place. haps costing the lives of American sail- Mr. HALL of Ohio. Mr. Chairman, I There is always a question of balance. ors. yield myself such time as I may We provide assistance to Russia be- Please vote for the Rohrabacher consume. cause it is in the national security in- amendment for the long-term interests Mr. Chairman, this is a sense of Con- terest of the United States to promote of peace and of the interests of the gress. It is relative to making a state- economic reform, promote democracy Russians as well. ment concerning the conflict in East and help prevent future Chernobyls. The CHAIRMAN pro tempore. The Timor. Basically what I am saying is The gentleman from Illinois [Mr. question is on the amendment offered the Congress affirms its support for a HYDE], as the gentleman from New by the gentleman from California [Mr. just and peaceful solution to the con- York [Mr. GILMAN] stated earlier, made ROHRABACHER]. flict in East Timor. these points eloquently during our The question was taken; and the What happened in 1975 when the committee markup of the bill. The gen- Chairman pro tempore announced that country of Portugal pulled out of East tleman from Illinois [Mr. HYDE] offered the noes appeared to have it. Timor, the Indonesian Government a waiver to the Rohrabacher amend- Mr. ROHRABACHER. Mr. Chairman, came into this small island country ment to allow the President to make a I demand a recorded vote. and systematically oppressed the peo- judgment whether continuing assist- The CHAIRMAN pro tempore. Pursu- ple of East Timor to the point where ance to Russia was in the national se- ant to House Resolution 159, further they used to have 700,000 people in curity interest of the United States. proceedings on the amendment offered their population and a third of them, The Hyde position prevailed. The com- by the gentleman from California [Mr. as estimated, have perished as a result mittee bill included an amendment ROHRABACHER] will be postponed. of starvation, war and terror. with the waiver. AMENDMENT OFFERED BY MR. HALL OF OHIO Indonesia’s invasion was condemned There is no such waiver in this Mr. HALL of Ohio. Mr. Chairman, I by the United Nations, as was its sub- amendment before us now. The amend- offer an amendment. sequent occupation of East Timor. On ment gives the President absolutely no The CHAIRMAN pro tempore. Is the November 12, 1991, Indonesian troops flexibility and raises one issue above amendment one of those specifically opened fire on thousands of peaceful every other priority in United States.- listed in the order of the House of June mourners and demonstrators at Santa Russian relationships. The amendment 5, 1997? Cruz Cemetery in Dili, the capital of distorts United States policy toward Mr. HALL of Ohio. No, it is not, Mr. East Timor, killing and wounding hun- Russia, and in fact what it is saying is Chairman. dreds. there would be absolutely no cir- The CHAIRMAN pro tempore. The Bishop Carlos Belo has been the pre- cumstance in which there would be a Clerk will report the amendment. eminent representative of the people of valid security interest of the United The Clerk read as follows: East Timor and has at great risk to his States to provide aid for Russia once own life fought for the human and civil Amendment offered by Mr. HALL of Ohio: rights of the people of East Timor the transfer of such an antiship cruise At the appropriate place add the following missile was made. I do not believe that (and conform the table of contents accord- while also being a steadfast advocate that is a plausible policy for the United ingly); for nonviolence and dialog between the States. This is a veto item for the SEC. . STATEMENT CONCERNING CONFLICT IN people of East Timor and the Indo- President, and I strongly urge defeat of EAST TIMOR. nesian authorities. the amendment. (a) FINDINGS.—The Congress finds the fol- The gentleman from Virginia [Mr. Mr. Chairman, I yield back the bal- lowing: WOLF] and I were fortunate enough to ance of my time. (1) Indonesia invaded East Timor in 1975 nominate Bishop Belo for the Nobel Mr. ROHRABACHER. Mr. Chairman, and has since systematically oppressed the Peace Prize. We were both in Norway I yield myself the balance of my time. people of East Timor. this past November, and we were over- Mr. Chairman, I am afraid I am going (2) Since 1975 one-third of the population of East Timor is estimated to have perished of joyed and excited that East Timor got to have to reject the idea of putting a starvation, war, and terror. the notoriety that they deserve and the waiver into this bill. The bottom line is (3) Indomesia’s invasion was condemned by reputation that they deserve. The op- when we put waivers into these bills, the United Nations, as was its subsequent oc- pression that has gone on in that coun- what we do is we are really making cupation of East Timor. try has just been unbelievable over the them into a sense-of-the-Congress reso- (4) On November 12, 1991, Indonesian troops years. lution and not changing a darned opened fire on thousands of peaceful mourn- The language that I have in my reso- thing. If we are here to do anything, let ers and demonstrators at the Santa Cruz lution pretty much parallels what was us change some things. Let us get down cemetery in Dili, the capital of East Timor, said about Bishop Belo as he received killing hundreds and wounding hundreds. to some real policy decisions and assert (5) Bishop Carlos Felipe Ximenes Bolo has the Nobel Peace Prize. This is a sense the fact that the Congress of the Unit- been the preeminent representative of the of Congress. It is my understanding ed States should be here protecting the people of East Timor, and has at great risk that it has support of both sides. I interests of the people of the United to his own life fought for the human and would urge Members to support it. H3628 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Mr. Chairman, I reserve the balance issue of East Timor. He is one of the tal human rights, as reported in the State of my time. few people, along with the gentleman Department’s Country Reports on Human Mr. KENNEDY of Rhode Island. Mr. from Virginia [Mr. WOLF], who has ac- Rights Practices, and by human rights orga- Chairman, I rise in support of the tually been to East Timor and seen nizations, including Amnesty International and Human Rights Watch, Asia. amendment, and I ask unanimous con- with his own eyes the suffering and the (8) The Government of the People’s Repub- sent to claim the 5 minutes in opposi- oppression that is going on. He has lic of China is responsible for the destruction tion. been a real leader, a tremendous part- of much of Tibetan civilization since its in- The CHAIRMAN pro tempore. Is ner in this issue, and he has really vasion of Tibet in 1949. there objection to the request of the made a difference. (9) The arrest of a Tibetan scholar such as gentleman from Rhode Island? Mr. Chairman, I yield 1 minute to the Mr. Choephel, who worked to preserve Ti- betan culture, reflects the systematic at- There was no objection. gentleman from Florida [Mr. WEXLER]. Mr. KENNEDY of Rhode Island. Mr. tempt by the Government of the People’s Re- Mr. WEXLER. Mr. Chairman, I public of China to repress cultural expression Chairman, I yield myself such time as strongly support this amendment, and in Tibet. I may consume. I commend the gentleman from Ohio (10) The Government of the People’s Re- Mr. Chairman, I want to commend [Mr. HALL] for his leadership in bring- public of China, through direct and indirect my good friend, the gentleman from ing it to our attention. incentives, has established discriminatory Ohio [Mr. HALL] for this amendment. I The situation in East Timor has been development programs which have resulted think once again it underscores this a festering sore for Indonesia, for Unit- in an overwhelming flow of Chinese immi- body’s concern about the actions of the ed States-Indonesian relations and, grants into Tibet, including those areas in- Indonesian Government with respect to corporated into the Chinese provinces of most importantly, for the people of Sichuan, Yunnan, Gansu, and Quinghai, and the people of East Timor, the horren- East Timor for more than two decades. have excluded Tibetans from participation in dous brutality that has taken place This amendment puts the House of important policy decisions, which further there ever since Indonesia invaded and Representatives on record as support- threatens traditional Tibetan life. occupied the small island of East ing a just and peaceful solution to the (11) The Government of the People’s Re- Timor. conflict in East Timor. It deserves our public of China withholds meaningful par- I think once again the gentleman is support, and I urge my colleagues to ticipation in the governance of Tibet from communicating the sentiment of this vote for this amendment. Tibetans and has failed to abide by its own Congress with respect to that troubled constitutional guarantee of autonomy for Ti- The CHAIRMAN pro tempore. The betans. part of the world and the fact that we question is on the amendment offered (12) The Dalai Lama of Tibet has stated his are in solidarity with the Nobel Peace by the gentleman from Ohio [Mr. willingness to enter into negotiations with Prize winners, Bishop Belo from East HALL]. the Chinese and has repeatedly accepted the Timor and Jose Ramos Horta, both of The amendment was agreed to. framework Deng Xiaoping proposed for such whom have received the Nobel Peace AMENDMENT OFFERED BY MR. SANDERS negotiations in 1979. (13) The Chinese have displayed provoca- Prize for their advocacy on behalf of Mr. SANDERS. Mr. Chairman, I offer those troubled people in East Timor tive disregard for the concerns of the United an amendment. States by arresting and sentencing promi- who have been struggling for human The CHAIRMAN pro tempore. Is the nent dissidents in close proximity to visits rights, and those human rights have amendment one of those specifically to China by senior United States Govern- been systematically neglected and listed in the order of the House of June ment officials. abused by the Indonesian Government. 5, 1997? (14) The United States Government policy I think the gentleman from Ohio [Mr. Mr. SANDERS. No, I do not think it seeks to foster negotiations between the HALL] should be commended for his is, Mr. Chairman. Government of the People’s Republic of longstanding commitment to this. China and the Dalai Lama, and presses China The CHAIRMAN pro tempore. The to respect Tibet’s unique religious, linguis- b 1815 Clerk will report the amendment. tic, and cultural traditions. The Clerk read as follows: I just came to this Congress 3 years (b) SENSE OF CONGRESS.—It is the sense of the Congress that— ago, Mr. Chairman, and I am joining Amendment offered by Mr. SANDERS: After title XVII insert the following new(1) Ngawang Choephel and other prisoners the gentleman from Ohio [Mr. HALL] in title: of conscience in Tibet, as well as in China, his longstanding advocacy for the peo- should be released immediately and uncondi- TITLE XVIII—SENSE OF CONGRESS RE- ple of East Timor. Having visited there tionally; GARDING THE IMPRISONMENT OF (2) to underscore the gravity of this mat- myself this past December, I was able NGAWANG CHOEPHEL IN CHINA to see firsthand what was going on on ter, in all appropriate official meetings with SEC. 1801. SENSE OF CONGRESS REGARDING THE representatives of the Government of the the ground, speak to the people there, IMPRISONMENT OF NGAWANG and learn about the atrocities that People’s Republic of China, United States of- CHOEPHEL IN CHINA ficials should request Mr. Choephel’s imme- have been contained within this (a) FINDINGS.—The Congress makes the fol- diate and unconditional release; amendment. Mr. Hall points out that lowing findings: (3) the United States Government should on November 12, 1991, Indonesian (1) The Chinese Government sentenced sponsor and promote a resolution at future troops opened fire on thousands of Ngawang Choephel to an 18-year prison term meetings of the United Nations Commission peaceful mourners and demonstrators plus 4 years subsequent deprivation of his po- on Human Rights and other appropriate litical rights on December 26, 1996, following international fora regarding China and Tibet at the Santa Cruz cemetery. I think a secret trial. the world watched in horror as film which specifically addresses political pris- (2) Mr. Choephel is a Tibetan national oners and negotiations with the Dalai Lama, footage was smuggled out of Indonesia whose family fled Chinese oppression to live until those situations in China and Tibet im- that depicted this horrible massacre at in exile in India in 1968. prove substantially; Santa Cruz where the Indonesian sol- (3) Mr. Choephel studied ethnomusicology (4) the United States Department of State diers opened fire on the crowd there at Middlebury College in Vermont as a Ful- should advise American citizens that Tibet is that was assembled, and this told the bright Scholar, and at the Tibetan Institute not currently a safe destination for Amer- truth of what was happening in East of Performing Arts in Dharamsala, India. ican travelers; (4) Mr. Choephel returned to Tibet in July Timor. (5) an exchange program should be estab- 1995 to prepare a documentary film about lished in honor of Ngawang Choephel, involv- I salute Mr. HALL for once again re- traditional Tibetan performing arts. ing students of the Tibetan Institute of Per- minding this Congress and Indonesia (5) Mr. Choephel was detained in August forming Arts and appropriate educational in- that we are not going to sit idly by and 1995 by the Chinese authorities and held in- stitutions in the United States; and watch these human rights abuses con- communicado for over a year before the Gov- (6) the United States Government should tinue, and that is why I rise in support ernment of the People’s Republic of China seek access for internationally recognized of Mr. HALL’S amendment to this bill. admitted to holding him, and finally charged human rights groups to monitor human Mr. HALL of Ohio. Mr. Chairman, I him with espionage in October 1996. rights in Tibet. (6) There is no evidence that Mr. want to thank the gentleman from Choephel’s activities in Tibet involved any- Mr. SANDERS (during the reading). Rhode Island [Mr. KENNEDY] for his thing other than purely academic research. Mr. Chairman, I ask unanimous con- very important not only speech, but (7) The Government of the People’s Repub- sent that the amendment be considered what he has done relative to this whole lic of China denies Tibetans their fundamen- as read and printed in the RECORD. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3629 The CHAIRMAN pro tempore. Is resolution at future meetings of the Mr. BEREUTER. Mr. Chairman, I ask there objection to the request of the UN Commission on Human Rights ad- unanimous consent to take 5 minutes, gentleman from Vermont? dressing human rights in China and even though I am not in opposition to There was no objection. Tibet until the situation improves sub- the amendment offered by the gen- The CHAIRMAN pro tempore. Pursu- stantially. tleman from Vermont [Mr. SANDERS]. ant to the order of the House of June 5, This is a nonpartisan noncontrover- The CHAIRMAN pro tempore. Is 1997, the gentleman from Vermont [Mr. sial amendment, and I urge my col- there objection to the request of the SANDERS] and a Member opposed will leagues to support it. gentleman from Nebraska? each control 5 minutes. Mr. GILMAN. Mr. Chairman, will the There was no objection. The Chair recognizes the gentleman gentleman yield? Mr. WEXLER. Mr. Chairman, will the from Vermont [Mr. SANDERS]. Mr. SANDERS. I yield to the gen- gentleman yield? Mr. SANDERS. Mr. Chairman, I yield tleman from New York. Mr. BEREUTER. I yield to the gen- myself such time as I may consume. (Mr. GILMAN asked and was given tleman from Florida. Mr. Chairman, let me just speak very permission to revise and extend his re- Mr. WEXLER. Mr. Chairman, I com- briefly about Ngawang Choephel. marks.) mend the gentleman from Vermont Mr. GILMAN. Mr. Chairman, I rise in Mr. Choephel is a Tibetan man who [Mr. SANDERS] for drawing attention to studied ethnomusicology at Middle- strong support for the amendment of- this human rights case. Mr. Choephel bury College at Middlebury, VT, on a fered by the gentleman from Vermont. should be released immediately. That Fulbright scholarship in 1993, and I All the world has come to expect and is is the bottom line. I and others, I hope, should tell my colleagues that when he not surprised when the rulers of China will support the amendment. was at Middlebury College he made a mercilessly persecute their own citi- Mr. ROHRABACHER. Mr. Chairman, whole lot of friends, and a lot of folks zens. But the case of Mr. Choephel is will the gentleman yield? in Middlebury and throughout the different and could set a dangerous new Mr. BEREUTER. Mr. Chairman, I State of Vermont are very concerned trend if left unchecked by civilized na- would ask the gentleman from Ver- about his fate. In the summer of 1995 he tions. mont if he has any more speakers? Mr. Choephel is a refugee, was car- returned to Tibet to make a nonpoliti- Mr. SANDERS. I believe we do not, ried across the Tibetan Himalayas by cal documentary film about traditional Mr. Chairman. his parents when he was only 2 years Tibetan music and dance because he Mr. BEREUTER. Mr. Chairman, I old, when they fled the Communist was concerned that his cultural herit- yield to the gentleman from California Chinese invasion of their country. He age was being forgotten. In the fall of [Mr. ROHRABACHER]. has been living in India since then, 1995 he was arrested and held incommu- Mr. ROHRABACHER. Mr. Chairman, gone to study in the United States I would just like to congratulate my nicado in a Chinese prison for 1 year under a Fulbright Exchange Program colleague from Vermont for offering until he was accused of espionage last established by the Congress to assist this amendment. October and sentenced last December. Tibetans and His Holiness, the Dalai Mr. Chairman, Ngawang Choephel’s As my colleagues know, it is how we Lama, to help protect Tibet’s unique react not only to statistics of tens of only crime was to film dancers in cultural heritage. He had gone back to thousands and hundreds of thousands Tibet, but the Chinese Government as Tibet to make a documentary film, to of people and even millions of people in part of its long-term campaign to make a film about traditional Tibetan China who are suffering the brutality stomp out all remnants of Tibetan cul- music and dance. tural identity has accused Mr. Mr. Choephel’s arrest and imprison- of tyranny and oppression in that Choephel of espionage and sentenced ment is a refugee nightmare. To return country but also how we treat the case him to 18 years in prison for filming to his own country and to be arbitrar- of one individual, as we are today, that dance in Tibet, and followed by 7 years ily imprisoned and cut off from the makes us different as Americans than deprivation of political rights. This is outside world is cruel and an abomina- other countries. We care about the in- the most severe sentence given a Ti- tion. His imprisonment sends democ- dividual, we care about people, and this betan in over 7 years. racies around the world the same type message is going to be delivered by this Mr. Chairman, the State Department of message that the Chinese Govern- amendment. agrees that there is no known evidence ment seeks when it charges parents for I am very proud to stand with my Mr. Choephel committed any crime. the price of a bullet used to execute colleague on this, and I hope that the This is simply one more example of an their own son or daughter or when it people at home who are listening to outrageous human rights abuse in appoints a religious leader that he this debate on the foreign policy and China. According to the State Depart- knows the faithful would never follow. foreign aid amendments and such will ment’s human rights country report on The rulers of Beijing apparently want understand we have got some decisions China and Tibet, the repression there is the world to know that we ought to to make about China. We have got to so severe that there are currently no think twice when we assist those who talk as a country about how we are active dissidents in all of China; they struggle under their oppression. going to confront this growing threat, are all in prison. I do not believe we should, and ac- the clouds that are massing just over Mr. Chairman, my amendment rep- cordingly I support the gentleman’s the horizon. resents the response of the Congress to amendment, and I urge our colleagues The fact is that China and the United the situation. It is based on language to vote for the amendment. States could be at war within 10 years which passed the Senate without dis- Mr. BEREUTER. Mr. Chairman, will unless we do what is right, and what is sent and which I introduced as House the gentleman yield? right is not to cower. What will lead to Concurrent Resolution 44 earlier this Mr. SANDERS. I yield to the gen- a more peaceful world is not to gloss spring with the distinguished gen- tleman from Nebraska. over human rights abuses, but instead tleman from New York [Mr. GILMAN] Mr. BEREUTER. Mr. Chairman, I to stand forward and step forward with and the distinguished gentlewoman want to commend the gentleman from a solid policy of freedom and human from California [Ms. PELOSI]. Vermont on his amendment. I have rights and let the people of China know This resolution simply states that spoken on this issue myself. There is that we are on their side and that way Ngawang Choephel and other prisoners no reason for this gentleman to be de- encourage the development of demo- of conscience in Tibet and China should tained in any fashion that I can see, cratic institutions, rather than contin- be released immediately, but the Unit- and I want to express my appreciation ually backing down, making loud ed States should seek his release; that to the gentleman from Vermont [Mr. noises about human rights and then we should promote access to Tibet for SANDERS] for his initiative, and I urge backing down. international human rights groups; my colleagues to support it unani- I believe some of our businessmen, if that the State Department should ad- mously. the entire country of Tibet was incin- vise Americans that Tibet is not a safe The CHAIRMAN pro tempore. The erated by the Chinese, if the Muslims destination for American travelers; and time of the gentleman from Vermont in the western provinces were all that we should continue to promote a [Mr. SANDERS] has expired. slaughtered, if all the Christians were H3630 CONGRESSIONAL RECORD — HOUSE June 10, 1997 tortured in China, they would still be the President shall, pursuant to section modernization of Romania’s armed saying we must maintain the same pol- 203(d)(2) of the NATO Participation Act of forces. While each of these initiatives icy with China because we have to have 1994, designate Romania as eligible to re- will require months to realize, the new some influence on them. ceive assistance under the program estab- Romanian leadership has begun to lished under section 203(a) of such Act. We need to discuss this as a people, show its courage in taking these im- as a free people. We need to talk about Mr. FOX of Pennsylvania (during the portant steps. the moral implications and decisions reading). Mr. Chairman, I ask unani- The first Central European country we are making, and in my opinion mo- mous consent that the amendment be to join the Partnership for Peace and rality and practicality go together, and considered as read and printed in the one of the most active participants, in the long run if we gloss over these RECORD. Romania has taken concrete steps to moral issues and forget the individuals The CHAIRMAN pro tempore. Is advance its candidacy for possible that are being tyrannized and going there objection to the request of the NATO membership. Of a particularly through this oppression, it will not gentleman from Pennsylvania? important note is the historic Treaty work to the best interests of the Unit- There was no objection. of Understanding, Cooperation and ed States of America. The CHAIRMAN pro tempore. Pursu- Good Neighborliness concluded with So I am very grateful today to my ant to the order of the House of June 5, Hungary last September. Romanian colleague from Vermont [Mr. SANDERS] 1997, the gentleman from Pennsylvania troops played an active role in the talking about an individual who de- [Mr. FOX] and a Member opposed each NATO-led Operation Joint Endeavor, serves our attention, and let us pray will control 5 minutes. part of IFOR in Bosnia, and has contin- that he is freed and the people of Mr. FOX of Pennsylvania. Mr. Chair- ued to contribute to peacekeeping ef- China, all of the people of China, are man, I yield myself such time as I may forts through its participation in Oper- ation Joint Guard. freed from their oppression. consume, and I will be exceedingly These developments underscore the Mr. BEREUTER. Mr. Chairman, I brief. positive role Romania can play in fos- thank the gentleman for his statement. Mr. Chairman, I rise to speak in sup- port of this amendment. tering stability in NATO’s southern I urge support for this amendment. flank. Romania’s desire to join NATO Mr. Chairman, I yield back the bal- Romania is a functioning democracy, and just back in November 1996 we saw was clear through its active participa- ance of my time. tion with its Partnership for Peace as The CHAIRMAN pro tempore. The where they had the free and fair Presi- dential elections held for the third well as the ongoing intensified dia- question is on the amendment offered logue with the Alliance since April of time. We also note with great distinc- by the gentleman from Vermont [Mr. 1996. SANDERS]. tion that Romania has had a free mar- Mr. Chairman, again I want to thank The amendment was agreed to. ket economy, that its foreign invest- my good friend for offering this amend- AMENDMENT OFFERED BY MR. FOX OF ment is protected by Romanian legisla- ment. It puts us squarely in line. PENNSYLVANIA tion, that Romania has good relations Let me just say finally as a footnote, Mr. FOX of Pennsylvania. Mr. Chair- with its neighbors; further, that Roma- the gentleman from Virginia [Mr. man, I offer an amendment. nia has effective control over its mili- WOLF] and I and others, going back to The Clerk read as follows: tary under civilian control. Romania the 1980’s, led the effort to remove the Amendment offered by Mr. FOX of Penn- further has a high level of cooperation MFN during the Ceausescu regime, sylvania: with NATO, and more important than they have absolutely turned the cor- At the end of the bill, add the following: that point, it has a capacity to deal ner, and I think with confidence we can SEC. . DESIGNATION OF ROMANIA AS ELIGI- with security threats in fighting say they will be a good partner as part BLE FOR ASSISTANCE UNDER NATO PARTICIPA- against organized crime, terrorism and of NATO. TION ACT OF 1994.— drug traffic. Mr. Chairman, I submit the following (1) SENSE OF THE CONGRESS.—It is the sense of the Congress that— It is for these reasons that I ask the letter for inclusion in the RECORD. (A) Romania has made tremendous body to support this amendment. COMMISSION ON SECURITY progress toward meeting the criteria for ac- Mr. Chairman, I yield such time as he AND COOPERATION IN EUROPE cession into the North Atlantic Treaty Orga- may consume to the gentleman from Washington, DC, May 21, 1997. Hon. WILLIAM J. CLINTON, nization (NATO) by establishing a mature New Jersey [Mr. SMITH]. and functioning democracy, a free market The White House, Washington, DC. Mr. SMITH of New Jersey. Mr. Chair- DEAR MR. PRESIDENT: We urge that the economy, civilian control of the armed man, I thank my friend, the gentleman forces, respect for the rule of law, respect for United States actively support the inclusion of Romania among the countries which will human rights and civil liberties, and by im- from Pennsylvania, for yielding this be invited by the North Atlantic Treaty Or- plementing a strong economic reform; time to me, and I rise in very strong ganization (NATO) to begin negotiations for (B) Romania has further exhibited its support of the Fox amendment. accession to the Alliance. The NATO summit strong commitment to contribute to the sta- Romania’s quest for NATO member- meeting scheduled to be held in Madrid, bility, reconciliation, and cooperation ship was given a significant boost when Spain, on July 8 and 9, 1997, will formally in- among the nations of the region by the very the democratic opposition, led by Emil vite some candidate states to commence significant signing of the basic political bi- Constantinescu, was elected to office such negotiations. We believe that Romania lateral Treaty with Hungary and recent ini- last November. deserves to be invited to accede to the Wash- tialing of a similar document with Ukraine; ington Treaty because of both its recent (C) Romania has already demonstrated its b 1830 progress in meeting the criteria for member- willingness and ability to contribute as a fu- The peaceful transfer of power fol- ship and its strategic location along NATO’s ture NATO ally to strengthening the mili- future southeastern edge. tary capabilities and strategic cohesiveness lowing those internationally sanc- While NATO accession should not be ex- of the Alliance by joining, first among tioned elections was a genuine turning tended to states that do not meet the cri- Central and Eastern European countries, the point for that country, a political de- teria set forth in the NATO Enlargement Fa- Partnership for Peace Program and by ac- velopment unimaginable not very long cilitation Act of 1996 (P.L. 104–208), we be- tively participating alongside NATO allies in ago. lieve that Romania has demonstrated great Bosnia, Angola, Somalia, and Albania; At home, the Romanian Government progress in all areas and should be favorably (D) due to its size, geo-strategic location, considered for inclusion in the first round of economic and military potential, and huge recently announced a bold package of enlargement. At a hearing of the Commis- popular support for NATO integration, Ro- economic reforms designed to check in- sion on Tuesday, May 13, 1997, we heard testi- mania is of immense and key strategic im- flation, reduce the budget deficit, and mony from Romania’s Ambassador to the portance to European stability; and accelerate privatization. If imple- United States, His Excellency Mircea Dan (E) Romania qualifies under section 203 of mented, these important changes could Geoana, on the wide range of concerns the the NATO Participation Act of 1994 to re- attract much-needed foreign invest- Commission and the Congress have had with ceive assistance in making the transition to ment. Romania in recent years. We believe that the a full NATO membership and should be in- evidence supports Romania’s claim to meet vited to start accession negotiations at the An anti-corruption campaign has the criteria for membership, especially in earliest stage. also been initiated. A series of military the areas of human rights, national minori- (2) DESIGNATION.—Not later than 180 days reforms were adopted in December to ties, and freedom of expression and media is- after the date of the enactment of this Act, ensure civilian democratic control and sues that have been troublesome in the past June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3631 and were particular subjects of Commission consume. Mr. Chairman, notwithstand- Mr. BEREUTER. I yield to the gen- interest. ing the fact that I do not oppose, I tleman from Pennsylvania. In light of the rapid approach of the Ma- would say to the gentleman, the gen- Mr. FOX of Pennsylvania. Mr. Chair- drid summit, and the intensive schedule of tleman from New York and I, along man, I would agree with the gentleman high-level NATO meetings leading up to that from Nebraska [Mr. BEREUTER] that summit, we believe the United States should with nine of our colleagues, recently promptly and publicly clarify its position re- led a delegation before we went to the this in no way diminishes our support garding the NATO process for accession by North Atlantic Assembly, to Slovenia, for Slovenia, and we appreciate the all states which meet the criteria. An an- and all of us came back I think very gentleman’s support as well for Roma- nouncement of U.S. support for such a proc- much impressed with the tremendous nia, and the support of the gentleman ess would lessen diplomatic and media specu- progress they have made in democra- from New York [Mr. GILMAN], our lation about a possible delay in the invita- tization and in their economic reforms chairman. tion for negotiation, supposedly to make and in their ability to pay for mod- Mr. BEREUTER. Mr. Chairman, I more credible a subsequent round of enlarge- yield back the balance of my time. ment. We believe all currently qualified ernization to meet the NATO require- ments. Mr. LEVIN. Mr. Chairman, I rise in strong states should be invited now to negotiate for support of the Fox amendment regarding to accession, and as other states meet the cri- We felt, in fact, they were well-quali- teria, the process whereby they, too, may be fied to be taken in as a member of Ukraine and adopted by the House. invited to join the alliance should be clearly NATO in the first round, and we made Since its independence in 1991, Ukraine formulated. This is the only fair way to man- that recommendation to the Secretary has made some significant progress in ad- age Alliance enlargement and protect impor- of State, and I know I personally made vancing both democracy and stability in the re- tant reform efforts underway in those can- it to the Secretary of Defense, and I gion. It has held free and fair elections without didate states not included in the first group think some of my colleagues have as violence for both Parliament and the Presi- to be announced at Madrid. dent, adopted a new democratic constitution, We appreciate your kind attention to our well. This matter of Romania is certainly and made significant strides toward reorganiz- views on this most important matter. ing its economy from command-and-control to Sincerely, not one that I oppose. I thank the gen- market-driven. CHRISTOPHER H. SMITH, tleman for his initiative. I just want to Under the reform plan and the leadership of M.C., make sure that nothing being said here President Kuchma, Ukraine has tackled its Co-Chairman. suggests that we have any less respect runaway inflation, which has dropped from an ALFONSE D’AMATO, U.S.S., or support for Slovenia as a first-round overwhelming level of 10,000 percent in 1993 Chairman. entry. to 181 percent in 1995 to 3.5 percent for the Mr. FOX of Pennsylvania. Mr. Chair- Mr. SOLOMON. Mr. Chairman, will first quarter of this year. In addition, privatiza- man, I yield such time as he may the gentleman yield? tion efforts have begun to move at an acceler- consume to the gentleman from New Mr. BEREUTER. I yield to the gen- York [Mr. SOLOMON]. ated rate. tleman from New York. Ukraine has also made significant contribu- (Mr. SOLOMON asked and was given Mr. SOLOMON. Mr. Chairman, I ap- tions to the future peace and stability of East- permission to revise and extend his re- preciate the gentleman yielding. ern and Central Europe. First and foremost, marks.) As the gentleman knows, we were in Ukraine lived up to its agreement to com- Mr. SOLOMON. Mr. Chairman, I rise Slovenia and they have also made pletely dismantle its entire nuclear arsenal in favor of the gentleman’s amend- great progress toward the irreversible which it inherited from the former Soviet Union ment, and admission of Romania into democracy, toward a free-market econ- and has signed the Nuclear Non-Proliferation NATO. It is a great country. omy, as has Romania. I just wanted to Treaty. Ukraine is also in full compliance with I rise in strong support of the amendment call to the attention of the Members the Conventional Forces in Europe Agree- that would support the entry of the country of that Romania in particular is one ment, is an active participant in NATO's Part- Romania into the NATO alliance in the first country that has appreciated the sup- nership for Peace Program, and has given its move. port of the United States of America. full support for the soon to be announced ex- Romania has, without question moved to- In doing so, I want my colleagues to pansion of the NATO alliance. Ukraine has wards irresistible democracy, a free market know, on both sides of the aisle, they also agreed not to participate in any program economy, respect for human rights and the are buying American. In other words, if to help build a nuclear powerplant in Iran. rule of law, and are making great strides in they and other countries become a part These achievements deserve acknowledg- their ability to communicate and interoperate of NATO, member of NATO, they have ment and appreciation from this body. Instead militarily with our NATO forces. to be able to communicate and inter- of facing a potentially hostile and nuclear Without question they are qualified and operate militarily with the NATO de- armed country situated on the edge of Europe, should be admitted to NATO at the earliest fense organization, and in doing so, the United States benefits from cooperative ar- convenience. they are buying American military rangement with an emerging democracy. Mr. FOX of Pennsylvania. Mr. Chair- equipment that is terribly important if There remain, of course, serious challenges man, I yield such time as he may the taxpayers are going to support the and problems. I am disturbed by press reports consume to the gentleman from New expansion of NATO, that these coun- in recent months of widespread government York [Mr. GILMAN], the chairman of tries, these prospective countries, turn corruption and informal barriers to U.S. invest- the committee. around and then buy American. ment. These are allegations that warrant care- (Mr. GILMAN asked and was given Mr. BEREUTER. Mr. Chairman, re- ful and deliberate consideration. permission to revise and extend his re- claiming my time, I am proud to men- The answer to these concerns is not to marks.) tion that my colleague from New York sever relations and threaten to cut off aid as Mr. GILMAN. Mr. Chairman, I rise in has emphasized this point, the impor- some have proposed. Such proposals run support of the amendment. The key tance of buying American equipment, counter to our national and strategic interests message of this amendment, the Euro- because it is interoperable in NATO in this region and would leave us without le- pean Security Act we will be consider- forces and because it is important to verage to encourage change with Ukraine. ing, is that the door to membership at our economy. Ukraine is beginning to take some steps to NATO should remain open and include So taking nothing away from Roma- solve these problems. We must encourage Romania. nia’s case, because military-to-mili- this process. President Kuchma has formed Mr. BEREUTER. Mr. Chairman, I ask tary cooperation with Romania and the an international advisory committee on invest- unanimous consent, notwithstanding United States could not be better, and ment made up of Ukrainians of unquestioned my failure to oppose, that I may claim certainly no country has pressed hard- reputation and corporate leaders from around the 5 minutes in opposition. er for first-round membership than Ro- the world. He has established a commission The CHAIRMAN pro tempore (Mr. mania, I did want to make sure that by that will work directly out of his office to inves- EWING). Is there objection to the re- our action today we say nothing nega- tigate and prosecute reported corruption. In quest of the gentleman from Nebraska? tive about Slovenia’s case, and I thank addition, President Kuchma has removed sev- There was no objection. the gentleman for his initiative. eral Ministers for questionable actions while Mr. BEREUTER. Mr. Chairman, I Mr. FOX of Pennsylvania. Mr. Chair- putting others on notice that he will not accept yield myself such time as I may man, will the gentleman yield? this behavior. H3632 CONGRESSIONAL RECORD — HOUSE June 10, 1997 President Clinton and the administration the United Nations. A coalition government Mr. GILMAN. Mr. Speaker, that is have indicated their concern over the issue of that includes elements from both the former correct. corruption and clearly communicated that government and its opposition has been Mr. HAMILTON. Mr. Speaker, one of progress needs to be swift. These concerns formed to get the country back on track. This those amendments would be the en bloc are clearly laid out in a joint statement from new government has promised to hold elec- offered by the gentleman as the chair- the United States-Ukraine Binational Commis- tions for President and Parliament at the end man of the committee, and that is pur- sion. of this month. suant to the order of the House of June Mr. Chairman, with the facts in mind, I urge The international community, spearheaded 5, 1997. That means that would be done my colleagues to vote ``yes'' on the Fox by the Red Cross, has committed humani- with the concurrence of the ranking amendment and commend Ukraine for its con- tarian aid to help Albanians get back on their minority member? tributions to Europe. As President Clinton said feet and get on with their lives. Mr. GILMAN. Mr. Speaker, that is at the close of the first session of the United The Engel amendment directs the United correct. States-Ukraine Binational Commission. States to encourage and support the new Mr. HAMILTON. And then the second The United States values its partnership unity government and urge it to guarantee amendment that would be permitted with Ukraine and believes that we cannot human rights and free and fair elections. In under the 5-minute rule without re- have a successful, undivided, democratic Eu- addition, the amendment commends the U.S. striction on time would be the amend- rope, without a successful, democratic, pro- military and diplomatic personnel who evacu- ment of the gentleman from South gressive Ukraine. ated U.S. citizens from the country during vio- Carolina [Mr. SANFORD] with respect to The CHAIRMAN pro tempore. All lent uproar. Finally, the amendment com- authorization levels? time has expired. mends our negotiators. Mr. GILMAN. Mr. Speaker, that is The question is on the amendment Mr. Speaker, I support the Engel amend- correct. offered by the gentleman from Penn- ment because restoring stability to Albania is Mr. HAMILTON. And no other sylvania [Mr. FOX]. vital to our national interests in this region. We amendments will be offered? The amendment was agreed to. cannot allow chaos and unrest to overtake Al- Mr. GILMAN. And no other amend- Mr. BERMAN. Mr. Chairman, my amend- bania again because it would have a devastat- ments, and we hope to be finished early ment authorizes U.S. citizen employees to ad- ing effect on the already delicate situation in tomorrow morning. judicate nationality abroad and to adjudicate this turbulent corner of the world. Mr. HAMILTON. Mr. Speaker, I with- Mr. GILMAN. Mr. Chairman, I move immigrant and nonimmigrant visas. The draw my reservation of objection. amendment requires that these U.S. citizen that the Committee do now rise. The motion was agreed to. The SPEAKER pro tempore. Is there employees: First, successfully complete a pro- objection to the request of the gen- gram of training essentially equivalent to the Accordingly, the Committee rose; and the Speaker pro tempore (Mr. tleman from New York? training that a consular officer who is a mem- There was no objection. ber of the Foreign Service would receive; and PEASE), having assumed the chair, Mr. second, be certified by an appropriate State EWING, Chairman pro tempore of the f Department official to be qualified to perform Committee of the Whole House on the State of the Union, reported that that ANNOUNCEMENT BY THE SPEAKER consular functions. PRO TEMPORE I am concerned that the amendment may be Committee, having had under consider- interpreted to allow students, interns, part-time ation the bill (H.R. 1757), to consolidate The SPEAKER pro tempore. Pursu- employees, or short-term contract employees international affairs agencies, to au- ant to clause 5, rule I, the Chair will to handle the important function of adjudicat- thorize appropriations for the Depart- now put the question on the motion to ing nationality and immigrant and non- ment of State and related agencies for suspend the rules on which further pro- immigrant visas. Because of the steady in- fiscal years 1998 and 1999, and for other ceedings were postponed earlier today. crease in visa and document fraud, the secu- purposes, had come to no resolution f rity of these functions requires that they be thereon. RELATING TO THE 30TH ANNIVER- performed by a specialized corps of profes- f SARY OF THE REUNIFICATION sional, full-time, experienced U.S. citizen em- LIMITATION ON FURTHER AMEND- OF THE CITY OF JERUSALEM ployees. MENTS TO H.R. 1757, FOREIGN Due to security and fraud issues, the RELATIONS AUTHORIZATION The SPEAKER pro tempore. The amendment should not be interpreted to mean ACT, FISCAL YEARS 1998 AND 1999 pending business is the question of sus- that students, interns, part-time employees, or pending the rules and agreeing to the Mr. GILMAN. Mr. Speaker, I ask short-term employeesÐwith the exception of concurrent resolution, H. Con. Res. 60. unanimous consent that during further retired Foreign Service Officers returning to The Clerk read the title of the con- consideration of H.R. 1757 in the Com- perform consular services or the spouses of current resolution. mittee of the Whole, pursuant to House Foreign Service Officers being hired to per- The SPEAKER pro tempore. The Resolution 159, no further amendments form consular servicesÐmay adjudicate na- question is on the motion offered by to the bill shall be in order except: the gentleman from New York [Mr. tionality, immigrant, and nonimmigrant visa, First, amendments en bloc offered by GILMAN] that the House suspend the and other consular functions. It is my under- the Chairman of the Committee on rules and agree to the concurrent reso- standing that Mr. SMITH of Texas agrees with International Relations pursuant to lution, H. Con. Res. 60, on which the this statement. the order of the House of June 5, 1997; yeas and nays are ordered. Mr. LEVIN. Mr. Chairman, I rise in support and, second, the following amendment The vote was taken by electronic de- of the Engel amendment on Albania. Albania which shall be debatable under the 5- vice, and there were—yeas 406, nays 17, suffered greatly under the misguided rule of its minute rule: Amendment by the gen- previous Government and needs international answered ‘‘present’’ 1, not 10, as fol- tleman from South Carolina [Mr. SAN- support to get back on the path to democracy. lows: FORD] regarding authorization levels. Albania endured many harsh years of totali- The SPEAKER pro tempore. Is there [Roll No. 176] tarian rule and isolation. It was the last country objection to the request of the gen- YEAS—406 in Eastern Europe to throw off the yoke of tleman from New York? Abercrombie Barrett (NE) Bliley communism and open its borders to the world. Mr. HAMILTON. Mr. Speaker, reserv- Ackerman Barrett (WI) Blunt It still struggles today. Aderholt Bartlett Boehlert ing the right to object, I do not intend Allen Barton Boehner Albania is the poorest nation in Europe. to object, but let me just ask a ques- Andrews Bass Bonilla Matters worsened when high-risk pyramid in- tion or two for clarification. Archer Becerra Bono vestment schemes collapsed, robbing tens of There will be under this unanimous Armey Bentsen Borski thousands of Albanians of their life savings. Bachus Bereuter Boswell consent request only two amendments Baesler Berman Boucher The result has been mass chaos and anarchy. permitted? Baker Berry Boyd The Government fell and demonstrations and Mr. GILMAN. Mr. Speaker, will the Baldacci Bilbray Brady unrest turned to open rebellion. gentleman yield? Ballenger Bilirakis Brown (CA) Barcia Bishop Brown (FL) Today, the rebellion has been quieted by an Mr. HAMILTON. I yield to the gen- Barr Blagojevich Brown (OH) international peacekeeping force deployed by tleman from New York. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3633 Bryant Goodling McCrery Sherman Stenholm Vento REPORT ON RESOLUTION PROVID- Bunning Gordon McDade Shimkus Stokes Visclosky Burr Goss McGovern Shuster Strickland Walsh ING FOR CONSIDERATION OF Burton Graham McHale Sisisky Stump Wamp H.R. 437, NATIONAL SEA GRANT Buyer Granger McHugh Skaggs Stupak Waters COLLEGE PROGRAM REAUTHOR- Callahan Green McInnis Skeen Talent Watkins IZATION ACT OF 1997 Calvert Greenwood McIntosh Skelton Tanner Watts (OK) Camp Gutierrez McIntyre Slaughter Tauscher Waxman Mr. GOSS, from the Committee on Campbell Gutknecht McKeon Smith (MI) Tauzin Weldon (FL) Rules, submitted a privileged resolu- Canady Hall (OH) McKinney Smith (NJ) Taylor (MS) Weldon (PA) Cannon Hall (TX) McNulty Smith (OR) Taylor (NC) Weller tion (Rept. No. 105–127) on the resolu- Capps Hansen Meehan Smith (TX) Thomas Wexler tion (H. Res. 164) providing for consid- Cardin Harman Meek Smith, Adam Thompson Weygand eration of the bill (H.R. 437) to reau- Carson Hastert Menendez Smith, Linda Thornberry White thorize the National Sea Grant College Castle Hastings (FL) Metcalf Snowbarger Thune Whitfield Chabot Hastings (WA) Mica Snyder Thurman Wicker Program Act, and for other purposes, Chambliss Hayworth Millender- Solomon Tiahrt Wise which was referred to the House Cal- Chenoweth Hefley McDonald Souder Tierney Wolf endar and ordered to be printed. Christensen Hefner Miller (CA) Spence Torres Woolsey f Clay Herger Miller (FL) Spratt Towns Wynn Stabenow Turner Yates Clement Hill Mink COMMUNICATION FROM THE Clyburn Hilleary Moakley Stark Upton Young (AK) Coble Hilliard Mollohan Stearns Velazquez Young (FL) CLERK OF THE HOUSE Coburn Hinchey Moran (KS) The SPEAKER pro tempore (Mr. Collins Hinojosa Morella NAYS—17 Combest Hobson Murtha Bonior Kucinich Petri PEASE) laid before the House the fol- Condit Hoekstra Myrick Clayton McDermott Rahall lowing communication from the Clerk Cook Holden Nadler Conyers Minge Sununu of the House of Representatives: Dellums Moran (VA) Traficant Cooksey Hooley Neal U.S. HOUSE OF REPRESENTATIVES, Costello Horn Nethercutt Dingell Obey Watt (NC) OFFICE OF THE CLERK, Cox Hostettler Neumann Hamilton Paul Coyne Houghton Ney Washington, DC, June 9, 1997. Cramer Hoyer Norwood ANSWERED ‘‘PRESENT’’—1 Hon. NEWT GINGRICH, Crane Hulshof Nussle Bateman The Speaker, U.S. House of Representatives, Crapo Hunter Oberstar Washington, DC. Cubin Hutchinson Olver NOT VOTING—10 DEAR MR. SPEAKER: Pursuant to the per- Cummings Hyde Ortiz Blumenauer Molinari Schiff mission granted in Clause 5 of Rule III of the Cunningham Inglis Owens Farr Northup Schumer Rules of the U.S. House of Representatives, I Danner Istook Oxley Flake Pelosi have the honor to transmit a sealed envelope Packard Davis (FL) Jackson (IL) Livingston Pickett Davis (IL) Jackson-Lee Pallone received from the White House on June 9, Davis (VA) (TX) Pappas 1997 at 2:34 p.m. and said to contain a mes- Deal Jefferson Parker b 1900 sage from the President whereby he returns DeFazio Jenkins Pascrell without his approval, H.R. 1469, the ‘‘1997 DeGette John Pastor Mr. WATT of North Carolina and Mr. Emergency Supplemental Appropriations Delahunt Johnson (CT) Paxon MINGE changed their vote from ‘‘yea’’ Act.’’ DeLauro Johnson (WI) Payne With warm regards, DeLay Johnson, E. B. Pease to ‘‘nay.’’ ROBIN H. CARLE, Deutsch Johnson, Sam Peterson (MN) Mr. DICKEY and Mr. CONDIT Clerk, U.S. House of Representatives. Diaz-Balart Jones Peterson (PA) changed their vote from ‘‘nay’’ to Dickey Kanjorski Pickering f Dicks Kaptur Pitts ‘‘yea.’’ Dixon Kasich Pombo So (two-thirds having voted in favor 1997 EMERGENCY SUPPLEMENTAL Doggett Kelly Pomeroy thereof) the rules were suspended and APPROPRIATIONS ACT FOR RE- Dooley Kennedy (MA) Porter Doolittle Kennedy (RI) Portman the concurrent resolution was agreed COVERY FROM NATURAL DISAS- Doyle Kennelly Poshard to. TERS, AND FOR OVERSEAS Dreier Kildee Price (NC) A motion to reconsider was laid on PEACEKEEPING EFFORTS, IN- Duncan Kilpatrick Pryce (OH) CLUDING THOSE IN BOSNIA— Dunn Kim Quinn the table. Edwards Kind (WI) Radanovich VETO MESSAGE FROM THE Ehlers King (NY) Ramstad f PRESIDENT OF THE UNITED Ehrlich Kingston Rangel STATES (H. DOC. NO. 105–96) Emerson Kleczka Redmond Engel Klink Regula PERSONAL EXPLANATION The SPEAKER pro tempore laid be- English Klug Reyes fore the House the following veto mes- Ensign Knollenberg Riggs Mrs. NORTHUP. Mr. Speaker, on rollcall sage from the President of the United Eshoo Kolbe Riley No. 176, my pager malfunctioned and there- Etheridge LaFalce Rivers States: Evans LaHood Rodriguez fore did not alert me of the pending vote. Had Everett Lampson Roemer I been present, I would have voted ``yes.'' To the House of Representatives: Ewing Lantos Rogan I am returning herewith without my Fattah Largent Rogers f approval H.R. 1469, the ‘‘Supplemental Fawell Latham Rohrabacher Fazio LaTourette Ros-Lehtinen Appropriations and Rescissions Act, FY 1997.’’ The congressional majority— Filner Lazio Rothman REPORT ON RESOLUTION PROVID- Foglietta Leach Roukema despite the obvious and urgent need to ING FOR CONSIDERATION OF Foley Levin Roybal-Allard speed critical relief to people in the Forbes Lewis (CA) Royce HOUSE JOINT RESOLUTION 54, Dakotas, Minnesota, California, and 29 Ford Lewis (GA) Rush PROHIBITING THE PHYSICAL Fowler Lewis (KY) Ryun other States ravaged by flooding and DESECRATION OF THE FLAG OF Fox Linder Sabo other natural disasters—has chosen to Frank (MA) Lipinski Salmon THE UNITED STATES Franks (NJ) LoBiondo Sanchez weigh down this legislation with a se- Frelinghuysen Lofgren Sanders Mr. GOSS, from the Committee on ries of unacceptable provisions that it Frost Lowey Sandlin Rules, submitted a privileged report knows will draw my veto. The time has Furse Lucas Sanford (Rept. No. 105–126) on the resolution (H. come to stop playing politics with the Gallegly Luther Sawyer Ganske Maloney (CT) Saxton Res. 163) providing for consideration of lives of Americans in need and to send Gejdenson Maloney (NY) Scarborough the joint resolution (H. J. Res. 54) pro- me a clean, unencumbered disaster re- Gekas Manton Schaefer, Dan posing an amendment to the Constitu- lief bill that I can and will sign the mo- Gephardt Manzullo Schaffer, Bob Gibbons Markey Scott tion of the United States authorizing ment it reaches my desk. Gilchrest Martinez Sensenbrenner the Congress to prohibit the physical On March 19, 1997, I sent the Congress Gillmor Mascara Serrano desecration of the flag of the United a request for emergency disaster assist- Gilman Matsui Sessions States, which was referred to the ance and urged the Congress to approve Gonzalez McCarthy (MO) Shadegg Goode McCarthy (NY) Shaw House Calendar and ordered to be it promptly. Both the House and Sen- Goodlatte McCollum Shays printed. ate Appropriations Committees acted H3634 CONGRESSIONAL RECORD — HOUSE June 10, 1997 expeditiously to approve the legisla- sampling in the decennial census. Fed- isting grant programs. The Council has tion. The core of this bill, appro- eral courts that have addressed the received over 300 applications from priately, provides $5.8 billion of much- issue have held that the Constitution communities and community-based or- needed help to people in hard-hit and Federal statutes allow sampling. ganizations from all across the country States and, in addition, contains $1.8 The enrolled bill contains an objec- for these grants. In addition, the bill billion for the Department of Defense tionable provision that would promote reduces funding for the Department of related to our peacekeeping efforts in the conversion of certain claimed Defense Dual-Use Applications Pro- Bosnia and Southwest Asia. Regret- rights-of-way into paved highways gram. That program helps to develop tably, the Republican leadership chose across sensitive national parks, public technologies used and tested by the to include contentious issues totally lands, and military installations. cost-conscious commercial sector and unrelated to disaster assistance, need- Under the provision, a 13-member com- to incorporate them into military sys- lessly delaying essential relief. mission would study the issue and pro- tems. Reducing funding for this pro- The bill contains a provision that vide recommendations to resolve out- gram would result in higher costs for would create an automatic continuing standing Revised Statute (R.S.) 2477 future defense systems. The projects resolution for all of fiscal year 1998. claims. R.S. 2477 was enacted in 1866 to selected in this year’s competition will While the goal of ensuring that the grant rights-of-way for the construc- save the Department of Defense an es- Government does not shut down again tion of highways over public lands not timated $3 billion. is a worthy one, this provision is ill-ad- already reserved for public uses. It was Finally, by including extraneous is- vised. The issue here is not about shut- repealed in 1976, subject to ‘‘valid, ex- sues in this bill, the Republican leader- ting down the Government. Last isting rights.’’ ship has also delayed necessary funding month, I reached agreement with the This provision in the enrolled bill is for maintaining military readiness. Bipartisan Leadership of Congress on a objectionable because it is cum- The Secretary of Defense has written plan to balance the budget by 2002. bersome, flawed, and duplicates the ex- the Congress detailing the potential That agreement is the right way to fin- tensive public hearings conducted by disruption of military training. ish the job of putting our fiscal house the Department of the Interior over I urge the Congress to remove these in order, consistent with our values the last 4 years. In addition, the pro- extraneous provisions and to send me a and principles. Putting the Govern- posed commission excludes the Sec- straightforward disaster relief bill that ment’s finances on automatic pilot is retary of Defense, but military instal- I can sign promptly, so that we can not. lations are among the Federal prop- help hard-hit American families and The backbone of the Bipartisan erties that would be affected by the businesses as they struggle to rebuild. Budget Agreement is the plan to bal- recommendations of the commission. Americans in need should not have to ance the budget while providing funds Furthermore, there is no assurance endure further delay. for critical investments in education, that the proposed commission would WILLIAM J. CLINTON. the environment, and other priorities. provide a balanced representation of THE WHITE HOUSE, June 9, 1997. The automatic continuing resolution views or proper public participation. The SPEAKER pro tempore. The ob- would provide resources for fiscal year Under the provision, the Secretary of jections of the President will be spread 1998 that are $18 billion below the level the Interior can disapprove the com- at large upon the Journal, and the mes- sage and bill will be printed as a House contained in the Bipartisan Budget mission’s recommendations, prevent- document. Agreement, threatening such invest- ing their submission to the Congress ments in our future. For example: col- under ‘‘fast-track’’ procedures in the MOTION OFFERED BY MR. MC DADE lege aid would be reduced by $1.7 bil- House and Senate. I believe—and my Mr. MCDADE. Mr. Speaker, I move lion, eliminating nearly 375,000 stu- Administration has stated—that a bet- that the message together with the ac- dents from the Pell Grant program; the ter approach would be for Interior to companying bill be referred to the Committee on Appropriations. number of women, infants, and chil- submit a legislative proposal to the The SPEAKER pro tempore. The gen- dren receiving food and other services Congress within 180 days to clarify R.S. tleman from Pennsylvania [Mr. through WIC would be cut by an aver- 2477 claim issues permanently, with MCDade] is recognized for 1 hour. age of 500,000 per month; up to 56,000 full congressional and public consider- Mr. MCDADE. Mr. Speaker, by prior fewer children would participate in ation. agreement with my distinguished Head Start; the number of border pa- The enrolled bill contains an objec- friend, the gentleman from Wisconsin tionable provision that funds the Com- trol and FBI agents would be reduced, [Mr. OBEY], I yield 15 minutes to the mission for the Advancement of Fed- as would the number of air traffic con- gentleman from Wisconsin [Mr. OBEY], trollers; and our goal of cleaning up 900 eral Law Enforcement. I agree with the and I yield back 30 minutes of the 1 Superfund sites by the year 2000 could Fraternal Order of Police and other na- hour. tional law enforcement organizations not be accomplished. GENERAL LEAVE The bill also contains a provision that certain activities of the Commis- Mr. MCDADE. Mr. Speaker, I ask that would permanently prohibit the sion, such as evaluating the handling unanimous consent that all Members Department of Commerce from using of specific investigative cases, could may have 5 legislative days in which to statistical sampling techniques in the interfere with Federal law enforcement revise and extend their remarks on the 2000 decennial census for the purpose of policy and operations. This type of veto message of the President to the apportioning Representatives in Con- oversight is most properly the role of bill, H.R. 1469, and that I may include gress among the States. Without sam- Congress, not an unelected review tabular material and extraneous mate- pling, the cost of the decennial census board. If external views about law en- rial. will increase as its accuracy, especially forcement programs are needed, a bet- The SPEAKER pro tempore. Is there with regard to minorities and groups ter approach would be to fund the Na- objection to the request of the gen- that are traditionally undercounted, tional Commission to Support Law En- tleman from Pennsylvania? decreases substantially. The National forcement. There was no objection. Academy of Sciences and other experts I also object to two other items in Mr. MCDADE. Mr. Speaker, I yield have recommended the use of statis- the bill. One reduces funding for the myself such time as I may consume. tical sampling for the 2000 decennial Ounce of Prevention Council by rough- The effort that we knowledge making census. ly one-third. This reduction would sub- tonight is an effort to speed to the dis- The Department of Justice, under the stantially diminish the work of the aster victims of the country as quickly Carter and Bush Administrations and Council in coordinating crime preven- as we can the assistance which they so during my Administration, has issued tion efforts at the Federal level and as- direly need. All of us know that there three opinions regarding the constitu- sisting community efforts to make has been a stalemate between the two tionality and legality of sampling in their neighborhoods safer. The Council bodies, between the White House and the decennial census. All three opin- is in the process of awarding $1.8 mil- between the Congress, and this motion ions concluded that the Constitution lion for grants to prevent youth sub- which refers this bill back to commit- and relevant statutes permit the use of stance abuse and of evaluating its ex- tee is the beginning of the process, June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3635 once again, to pass this bill, hopefully ing but a second government shutdown. eludes me, but the fact of the matter is in a way that the President will sign it. That is what it represents in those people are waiting, patience is wearing Mr. Speaker, I reserve the balance of areas. thin, and temperatures are on the rise my time. So I ask my colleagues to end that all over the country. And I am glad to Mr. OBEY. Mr. Speaker, I yield my- second government shutdown for those say not just in South Dakota, I think self 3 minutes and 30 seconds. purposes by voting no on this proposal people elsewhere around the country Mr. Speaker, 90 days ago the Presi- to send it to the committee tonight are getting the message we need to do dent sent the Congress an emergency and get on with doing this week what something. Congress needs to act, the message asking that we appropriate we should have done last week, which White House needs to act, Republicans supplemental funds to help flood vic- is to pass a clean supplemental appro- and Democrats need to develop a con- tims and to help meet the costs of our priation. sensus in order to get this done. I hope activities in Bosnia. Last week, instead Mr. MCDADE. Mr. Speaker, I yield we will get that process underway to- of responding to that request, the Con- 21⁄2 minutes to the gentleman from night. gress in essence decided to load up that South Dakota [Mr. THUNE]. Mr. OBEY. Mr. Speaker, I yield 2 proposal with a series of unrelated rid- Mr. THUNE. Mr. Speaker, I thank minutes to the gentleman from Califor- ers. One related to roads on public the gentleman from Pennsylvania for nia [Mr. FAZIO]. lands, another related to census sam- yielding me this time, and I say to my Mr. FAZIO of California. Mr. Speak- pling, and a third created a change in colleagues on the floor this evening, ‘‘I er, we have had an opportunity for 83 budget rules which would allow Con- told you so,’’ because I have been sug- days, since the administration sent an gress to pass appropriations which it gesting to Members on both sides for urgent disaster relief package to Con- prefers but bottle up the passage of the some time now that this is where ulti- gress, to work out the details and send President’s budget priorities. That is mately we would end up. it on for Presidential signature so we not the way to establish a bipartisan We have a bill that has been under could really address the overwhelming relationship with the other branch of consideration for several weeks, and needs of people in 35 different States government. the people in this country, one thing around the country, some of whom, as The President vetoed that proposal. they are not missing is that what is de- in the upper Midwest, continue to suf- He told us ahead of time he would. laying consideration of this bill, what fer as we speak. is delaying disaster relief, is politics. I We have played around, we have b 1915 am not sure that everybody under- squabbled over details that, frankly, And he has told the Congress to do it stands exactly all the intricacies of the did not even need to be included in this right. He said, in essence, do not try to continuing resolution or of the census bill, and we have allowed a number of gain political leverage by using the dis- and what is trying to be accomplished extraneous matters to become an im- tress of innocent Americans. there, but one thing they do know is pediment to getting it signed into law. Now, I do not hesitate to speak out that this institution, Washington, DC, It is time we bring an end to this cha- publicly when I think the President is is playing politics with disaster assist- rade. The public expects us to deliver wrong. I think people on this floor un- ance. on fundamental promises we make peo- derstand that. But the fact is the When I was out there this week, and ple, and that is if we have people suf- President is not wrong in this instance. I guess I would urge my other col- fering in this country, we will all get He is absolutely correct. leagues, because many of them have together to help them address it. The President has indicated that He recognizes that farmers need this not seen what I have seen, but when there are two particular amendments money to get on with their planting. they have looked at the mud-filled he cannot live with. At the moment, it He recognizes that they need it to re- basements and seen the disastrous ef- seems we are dead set on sending them place livestock that were killed in the fects the floods and the blizzards have right back to him, prolonging the floods. He recognizes that local com- had on the cattle and the livestock in- gridlock, bringing down additional dis- munities need the community develop- dustry of my State and the people who respect on this institution. We have an ment money in order to plan for their are waiting for assistance, when we communities’ futures. And he recog- opportunity in a few minutes to offer have said in Washington help is on the our support for a clean bill that can be nizes that the Joint Chiefs of Staff way, and we have made a commitment have indicated that they will have to signed within several days that will let that we are going to deliver, and yet us restore public trust in this institu- stand down in terms of a number of im- we have failed to do it, what I heard re- tion and get about the business of portant training exercises and other peatedly this last week was, ‘‘Can you doing what we were elected to do, and military activities unless Congress in Washington not get it right? You do that is deal with basic problems. quits fiddling and sends the President not seem to get it.’’ My district suffered in January. We the package that he has asked for. These people want the Republicans are concerned that we will not be able So, very simply, what will happen and the Democrats and the White to prevent another disaster next winter here tonight is this. At the end of this House and the Congress to work to- in northern California because we do discussion, when the motion comes to gether in a way that will get a consen- not have the funds to go about improv- refer this matter to committee, I will sus so that we can get this process on ing our levee system, bringing it back ask Members to vote no on the pre- the way. to a level of protection we thought we vious question so that, in the event the I was on Highway 281, Federal High- had last January. It is unconscionable previous question fails, we can imme- way 281 this last week, north of Tulare, that we continue to argue about the diately ask unanimous consent to SD, just south of Redfield, and there census or about some automatic mech- bring up H.R. 1796, which would have was a gentleman sitting on the center anism by which we could pass all ap- the effect of stripping from this pro- line of Highway 281 fishing for propriations bills when we all know posal the three riders that caused the northerns. Highway 281 is completely what we have to do is stick to the busi- President to veto the bill and sending a under water, and with it is the railroad ness of appropriating funds for disaster clean bill back to the White House. that transports the grain commodities relief. It would contain every other provi- on which our State depends for its eco- Mr. Speaker, I hope we will act to- sion that was fashioned by the major- nomic survival. night to support this motion which will ity in this House except those three po- We have railroad assistance in this be made that will give us an oppor- litical riders. That is all our motion bill. We have several things that are tunity to pass a clean disaster relief would seek to do. going to be important for agriculture bill. What we are asking people to do is to to recover. So I urge this body and our Mr. OBEY. Mr. Speaker, I yield 31⁄2 recognize that for the people in the af- colleagues in the Senate and the White minutes to the distinguished gen- fected areas, who we are trying to help House to get together and to work tleman from North Dakota [Mr. with this supplemental, for them, re- something out to get this job done. POMEROY]. fusal of the Congress to provide needed I believe the message has been sent. Mr. POMEROY. Mr. Speaker, I be- assistance in a timely fashion is noth- Whatever that message was, and it still lieve that each and every one of us is H3636 CONGRESSIONAL RECORD — HOUSE June 10, 1997 here as a Member of the House of Rep- call Republicans in Grand Forks, we possibility of a shutdown occur again. resentatives because the bottom line is will call anyone my colleagues want to That is politics. we care about people. We believe dif- in Grand Forks to hear from the people Mr. OBEY. Mr. Speaker, I yield my- ferently as to how we best help people, themselves. self 11⁄4 minutes. but we are here to help people. Let us Sometimes maybe in our partisan Mr. Speaker, that is precisely the remember that this bill is about help- warfare we forget what this is all same line of argument we heard from ing people. about, but it is about helping people. the majority party last year when they Six and a half weeks ago the levees And the people in our area are in a announced ahead of time that they broke on the Red River, inundating state of tremendous need tonight. Do were going to shut down the Govern- Grand Forks and East Grand Forks. not play with the lives of those we rep- ment in order to leverage the President This is a photograph that appeared in resent. These are Americans, they need to swallow things that he did not feel the newspaper, of a woman being told our help. This is our Government, they he ought to swallow. And then after he in the dead of night that she has to get deserve no less. stood up for principle, then they said, out of her home, leave all her posses- Let us act now and, for that reason, see, you caused the problem, you sions, because the water is about to take precisely the action the gen- caused the problem, after they told the take everything she knows and holds tleman from Wisconsin is suggesting. country for 3 months ahead of time dear. Do not go to committee. We have had they were going to shut the Govern- The trauma of such an event in such enough of committees. Let us, as a ment down. a middle America place like Grand body tonight, strip off the extra provi- What my colleagues have to recog- Forks, ND, is beyond my ability to de- sions and get the aid out of the House. nize on that side of the aisle is that for scribe to my colleagues, but I was Mr. MCDADE. Mr. Speaker, I yield 2 the people in the areas affected by there and, believe me, it was God minutes to the gentleman from Penn- these floods, their refusal to let this awful. Now the people are being trau- sylvania [Mr. GEKAS]. legislation go to the White House in matized by another occurrence, this Mr. GEKAS. Mr. Speaker, I thank shape that can be signed is tantamount one not a natural disaster but a Con- the gentleman for yielding me this to a second Government shutdown. gress-made one. time. Had the President signed this Now it is time that they put their own We need help. It is very clear. It is bill, the aid which the gentleman who subjective judgments second to the very clear to any American that has just appeared in the well wanted to see needs of the people in the affected watched the news footage about what flow back to his region would have areas and deliver the aid that they we have gone through just how badly started. We would have had 3 days of have a right to expect. we need help. People from around the moneys out of this bill flowing already Government is either going to be on country have responded in wonderful into the distressed areas. their side or it is going to be against ways, small ways, like the 7-year-old So who is playing with whose lives? them. In this case, unless we let this that dropped off some canned goods so Could not the President have signed legislation go, they have a perfect I could send them back to the people I that and understood that to prevent right to conclude that Government is represent; and, large ways, like the the Government shutdown is another against them, and that is not where it woman who gave $15 million in individ- good measure that would have been ought to be tonight. ual grants of assistance. swept into the mix of providing this re- Mr. MCDADE. Mr. Speaker, I reserve But they expect fundamentally their lief for the distress of the Middle West? the balance of my time. government to respond, and we have I have been trying, and everybody Mr. OBEY. Mr. Speaker, I yield 3 been unable to respond, unable to re- knows it, for 10 years now to produce minutes to the distinguished minority spond because we have played to our an automatic methodology by which whip, the gentleman from Michigan worst instincts in this body, putting we could prevent Government shut- [Mr. BONIOR]. shallow, crass partisan politics in the downs. It has nothing to do with poli- Mr. BONIOR. The gentleman from middle of an effort to get help to peo- tics. It has nothing to do with trying to Wisconsin [Mr. OBEY] is absolutely ple who need it. get the President to succumb to some right, Mr. Speaker. For millions of peo- This clipping says it all. It says what political pressure, because I did it when ple across this country, this amounts so many are saying to me as I go back President Bush was President. I did it to another Government shutdown. It to Grand Forks every weekend: ‘‘You when President Reagan was President. amounts to the Government turning are playing with our lives.’’ I did it with a Democrat controlled their back on them, not being there for My colleagues have to understand Congress and a Republican President, them when they need the help. that there are people that are not in and now the reverse, a Republican Con- Week after week, we have urged our homes tonight, there are families that gress and a Democrat President. Republican colleagues to pass a disas- are not together, and they cannot It merely says that, if we fail as a ter relief bill that would rush help to make a fundamental decision about Congress, which we have done 50-some families struggling to recover from the even where they are going to live until times in the last 10 years, to come to worst floods to hit the northern plains we pass this bill. an agreement on a budget within the in 500 years. Disaster relief, emergency FEMA does not fund the initial buy- budget deadline, that automatically, relief, nothing more, nothing less, dis- out program that Grand Forks is going the next day, last year’s appropriations aster relief; this is help that people to launch. That is funded by the com- would go into being until the full budg- desperately need. As the gentlemen munity development block grant funds et can be completed. from South Dakota and North Dakota in this bill. There is not money in the The President in his veto message so eloquently said this evening, they pipeline to help these people on these says, ‘‘While the goal of preventing a need to rebuild their homes, to reopen home buy-out decisions. We have to Government shutdown is a worthy their businesses, to replant their fields, pass the bill first. And so until we pass one’’. That is his language, ‘‘is a wor- to resuscitate their economy. the bill, these people are stuck. They thy one’’; he proceeds to veto a vehicle And what did my Republican col- are in limbo. that would provide for a method to pre- leagues do? Ignoring President Clin- Again and again and again, when one vent Government shutdown. ton’s promised veto, they loaded up the goes back to our districts, we hear disaster bill with extraneous provi- b about how we are in limbo. I would in- 1950 sions, provisions that had nothing vite any Member of this body to come That is politics. That is game play- whatsoever to do with flood relief, pro- with me to Grand Forks. If my col- ing. He says, on the one hand, it is bad visions aimed at undermining the accu- leagues do not believe it, come with me to shut the Government down. Then racy of the U.S. census in the year 2000. to Grand Forks. We will go tomorrow. when the Government was shut down, People need help now. We are arguing If Members do not want to miss votes he blamed the Republicans. Now the about a problem in the year 2000. It to do that, we will get on the phone. Republicans fashion a bill that would took the President all of 19 minutes to Come with me to my office. We will prevent the Government shutdown, and veto the bill. Now we are back where call Democrats in Grand Forks, we will he vetoes it, saying we want to see the we were 2 weeks ago. Meanwhile, flood June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3637 victims are still waiting. They have [Roll No. 177] Green Mascara Roukema Gutierrez Matsui Roybal-Allard waited for 83 days. They waited while YEAS—216 Hall (OH) McCarthy (MO) Rush Congress went on vacation. They wait- Aderholt Gekas Nussle Hall (TX) McCarthy (NY) Sabo ed all weekend. And they are still wait- Archer Gibbons Oxley Hamilton McDermott Sanchez ing. They are waiting for some sign of Armey Gilchrest Pappas Harman McGovern Sanders hope. They are waiting without their Bachus Gillmor Parker Hastings (FL) McHale Sandlin Baker Gilman Paul Hefner McIntyre Sawyer homes, in trailers. They are waiting Ballenger Goodlatte Paxon Hilliard McKinney Scott without jobs. They are waiting without Barr Goodling Pease Hinchey McNulty Serrano the ability to work in their fields. They Barrett (NE) Goss Peterson (PA) Hinojosa Meehan Sherman Holden Meek Sisisky are waiting without their businesses. Bartlett Graham Petri Barton Granger Pickering Hooley Menendez Skaggs I stand ready with my Democratic Bass Greenwood Pitts Hoyer Millender- Skelton colleagues to pass a disaster relief bill Bateman Gutknecht Pombo Jackson (IL) McDonald Slaughter that just does that, it provides disaster Bereuter Hansen Porter Jackson-Lee Miller (CA) Smith, Adam (TX) Minge Snyder relief to working people who are strug- Bilbray Hastert Portman Bilirakis Hastings (WA) Pryce (OH) Jefferson Mink Spratt gling to get on with their lives and pro- Bliley Hayworth Quinn John Moakley Stabenow vide it today, now, in a few minutes. Blunt Hefley Radanovich Johnson (WI) Mollohan Stark Disaster relief. Nothing more. Nothing Boehlert Herger Redmond Johnson, E. B. Moran (VA) Stenholm Kanjorski Murtha Stokes less. No census formulas. No Govern- Boehner Hill Regula Bonilla Hilleary Riggs Kaptur Nadler Strickland ment shutdown clauses. Disaster relief. Bono Hobson Riley Kennedy (MA) Neal Stupak It is not complicated. It should not Brady Hoekstra Rogan Kennedy (RI) Oberstar Tanner be controversial. Enough is enough. Bryant Horn Rogers Kennelly Obey Tauscher Kildee Olver Taylor (MS) The flood victims have run out of pa- Bunning Hostettler Rohrabacher Burr Houghton Ros-Lehtinen Kilpatrick Ortiz Thompson tience. Let us vote on disaster relief Burton Hulshof Royce Kind (WI) Owens Thune and do it now. Nothing more. Nothing Buyer Hunter Ryun Kleczka Pallone Thurman less. Stay with the proposal that the Callahan Hutchinson Salmon Klink Pascrell Tierney Calvert Hyde Sanford Kucinich Pastor Torres gentleman from Wisconsin [Mr. OBEY] Camp Inglis Saxton LaFalce Payne Towns will be offering on the previous ques- Campbell Istook Scarborough Lampson Pelosi Traficant tion to vote it down to bring a clean Canady Jenkins Schaefer, Dan Lantos Peterson (MN) Turner Leach Pickett Velazquez bill to the floor. Stay with the gen- Cannon Johnson (CT) Schaffer, Bob Castle Johnson, Sam Sensenbrenner Levin Pomeroy Vento tleman from South Dakota [Mr. Chabot Jones Sessions Lewis (GA) Poshard Visclosky THUNE], who got up here and gave an Chambliss Kasich Shadegg Lipinski Price (NC) Waters eloquent statement about the misery Chenoweth Kelly Shaw Lofgren Rahall Watt (NC) Lowey Ramstad Waxman of the people that he represents. Stay Christensen Kim Shays Coble King (NY) Shimkus Luther Rangel Wexler with your colleague, who wants a clean Coburn Kingston Shuster Maloney (CT) Reyes Weygand bill. My colleagues would want no less Collins Klug Skeen Maloney (NY) Rivers Wise Combest Knollenberg Smith (MI) Manton Rodriguez Woolsey if they were in his shoes. Markey Roemer Wynn Mr. McDADE. Mr. Speaker, I yield Cook Kolbe Smith (NJ) Cooksey LaHood Smith (OR) Martinez Rothman Yates myself such time as I may consume. I Cox Largent Smith (TX) NOT VOTING—13 shall speak for just a few seconds, Mr. Crane Latham Smith, Linda Speaker. Crapo LaTourette Snowbarger Barcia Fawell Schiff The one way to begin to bring relief Cubin Lazio Solomon Becerra Flake Schumer Cunningham Lewis (CA) Souder Boucher Metcalf Tauzin tonight to the people who are affected Davis (VA) Lewis (KY) Spence Farr Molinari in this disaster is to vote to send this Deal Linder Stearns Fattah Packard back to committee so the process can DeLay Livingston Stump Diaz-Balart LoBiondo Sununu b 1956 be rejuvenated and worked out. If my Dickey Lucas Talent colleagues vote for the previous ques- Doolittle Manzullo Taylor (NC) Messrs. MARTINEZ, HALL of Texas, tion, Mr. Speaker, it creates chaos in Dreier McCollum Thomas and McDERMOTT changed their vote this body. I urge my colleagues to as- Duncan McCrery Thornberry Dunn McDade Tiahrt from ‘‘yea’’ to ‘‘nay.’’ sist the people in our country who are Ehlers McHugh Upton Mr. BILBRAY changed his vote from crying out for relief in the disaster by Ehrlich McInnis Walsh ‘‘nay’’ to ‘‘yea.’’ voting to send this bill to committee. English McIntosh Wamp So the previous question was ordered. Ensign McKeon Watkins Mr. MCDADE. Mr. Speaker, I have no Everett Mica Watts (OK) The result of the vote was announced further requests for time, I yield back Ewing Miller (FL) Weldon (FL) as above recorded. the balance of my time, and I move the Foley Moran (KS) Weldon (PA) The SPEAKER pro tempore [Mr. previous question on the motion to Forbes Morella Weller Fowler Myrick White PEASE]. The question is on the motion refer. Fox Nethercutt Whitfield offered by the gentleman from Penn- The SPEAKER pro tempore (Mr. Franks (NJ) Neumann Wicker sylvania [Mr. MCDADE]. PEASE). The question is on ordering the Frelinghuysen Ney Wolf The motion was agreed to. previous question. Gallegly Northup Young (AK) Ganske Norwood Young (FL) A motion to reconsider was laid on The question was taken; and the the table. Speaker pro tempore announced that NAYS—205 the ayes appeared to have it. Abercrombie Carson Dixon f Mr. OBEY. Mr. Speaker, I object to Ackerman Clay Doggett the vote on the ground that a quorum Allen Clayton Dooley COMMUNICATION FROM THE is not present and make the point of Andrews Clement Doyle Baesler Clyburn Edwards CLERK OF THE HOUSE order that a quorum is not present. Baldacci Condit Emerson The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Evi- Barrett (WI) Conyers Engel dently a quorum is not present. Bentsen Costello Eshoo fore the House the following commu- The Sergeant at Arms will notify ab- Berman Coyne Etheridge nication from the Clerk of the House of Berry Cramer Evans Representatives: sent Members. Bishop Cummings Fazio Pursuant to the provisions of clause 5 Blagojevich Danner Filner OFFICE OF THE CLERK, of rule XV, the Chair will reduce to a Blumenauer Davis (FL) Foglietta HOUSE OF REPRESENTATIVES, minimum of 5 minutes the period of Bonior Davis (IL) Ford Washington, DC, June 9, 1997. Borski DeFazio Frank (MA) time within which a vote by electronic Hon. NEWT GINGRICH, Boswell DeGette Frost House of Representatives, Washington, DC. device, if ordered, will be taken on the Boyd Delahunt Furse DEAR MR. SPEAKER: Pursuant to the per- Brown (CA) DeLauro Gejdenson question of the motion to refer. mission granted in Clause 5 of Rule III of the The vote was taken by electronic de- Brown (FL) Dellums Gephardt Brown (OH) Deutsch Gonzalez Rules of the U.S. House of Representatives. I vice, and there were—yeas 216, nays Capps Dicks Goode have the honor to transmit a sealed envelope 205, not voting 13, as follows: Cardin Dingell Gordon received from the White House on June 9, H3638 CONGRESSIONAL RECORD — HOUSE June 10, 1997 1997 at 2:34 p.m. and said to contain a mes- view of the state or somatic cell nu- The SPEAKER pro tempore. Under a sage from the President whereby he trans- clear transfer technology and the ethi- previous order of the House, the gen- mits proposed legislation entitled the cal and social issues attendant to its tleman from California [Mr. DREIER] is ‘‘Cloning Prohibition Act of 1997.’’ potential use to create human beings. recognized for 5 minutes. With warm regards, My legislative proposal would imple- ROBIN H. CARLE, [Mr. DREIER addresed the House. His Clerk, House of Representatives. ment this recommendation and assign remarks will appear hereafter in the responsibility for the review, to be f Extensions of Remarks.] completed in the fifth year after pas- f CLONING PROHIBITION ACT OF sage of the legislation, to the National 1997—MESSAGE FROM THE PRESI- Bioethics Advisory Commission. The SPEAKER pro tempore. Under a DENT OF THE UNITED STATES I urge the Congress to give this legis- previous order of the House, the gen- (H. DOC. NO. 105–97) lation prompt and favorable consider- tleman from Michigan [Mr. BONIOR] is ation. recognized for 5 minutes. The SPEAKER pro tempore laid be- WILLIAM J. CLINTON. [Mr. BONIOR addressed the House. fore the House the following message THE WHITE HOUSE, June 9, 1997. His remarks will appear hereafter in from the President of the United f the Extensions of Remarks.] States; which was read and, together f with the accompanying papers, without b 2000 objection, referred to the Committee NO WAY TO RUN A CONGRESS WE SHOULD NOT SACRIFICE FREE- on Commerce and ordered to be print- DOM OF EXPRESSION WITH A (Ms. DELAURO asked and was given ed: FLAG AMENDMENT permission to address the House for 1 To the Congress of the United States: minute.) The SPEAKER pro tempore. Under a I am pleased to transmit today for Ms. DELAURO. Mr. Speaker, it has previous order of the House, the gen- immediate consideration and prompt now been 83 days since the President tleman from Texas [Mr. PAUL] is recog- enactment the ‘‘Cloning Prohibition first asked this Congress for disaster nized for 5 minutes. Act of 1997.’’ This legislative proposal relief legislation. Flood-stricken fami- Mr. PAUL. Mr. Speaker, in 2 days we would prohibit any attempt to create a lies in the Midwest are desperately are going to be debating an amendment human being using somatic cell nu- waiting for these funds. Yet the major- to the Constitution dealing with the clear transfer technology, the method ity has loaded up this bill with provi- flag. The proposed flag amendment to that was used to create Dolly the sions the President has said that he the Constitution deals with more than sheep. This proposal will also provide cannot accept in an effort to embarrass just the issue of freedom of speech. It for further review of the ethical and him. involves the right of free expression scientific issues associated with the Let me quote from today’s Wall and the right to own property. These use of somatic cell nuclear transfer in Street Journal that says Speaker NEWT two are inseparable. A free society can- human beings. GINGRICH has privately indicated that not have one without the other; and Following the February report that a he never expected the President to sign when one is compromised, so is the sheep had been successfully cloned the bill sent to him. Let me also men- other. using a new technique, I requested my tion what Republicans are privately When property rights are correctly National Bioethics Advisory Commis- conceding, that this is more of a rhe- honored, free expression is guaranteed sion to examine the ethical and legal torical attempt to embarrass Mr. Clin- through that right. The independence implications of applying the same ton, put themselves in a better light of a newspaper, radio station or a after helping to provoke shutdowns in cloning technology to human beings. church guarantees the use of that prop- the last Congress. The Commission concluded that at this Mr. Speaker, we are talking about erty in any free expression desired. No time ‘‘it is morally unacceptable for people’s lives. There are literally tens one has the right to use any newspaper, anyone in the public or private sector, of thousands of people unable to make radio or church to exert his or her own whether in a research or clinical set- basic decisions about their lives until opinion as an example of free speech. ting, to attempt to create a child using this bill is enacted. Yet the majority Catholics have no right to say Mass in somatic cell nuclear transfer cloning’’ refuses to send a bill without these pro- a Jewish temple. Certainly in our and recommended that Federal legisla- visions to the President. This simply is homes we are protected from others tion be enacted to prohibit such activi- no way to run a Congress. imposing their free speech on us. It is ties. I agree with the Commission’s Mr. Speaker, providing Federal as- the church property that guarantees conclusion and am transmitting this sistance to the victims in times of cri- freedom of religion. The networks or legislative proposal to implement its sis is one of the fundamental roles of papers need not submit to demands to recommendation. the United States Congress, yet my Re- be heard by religious believers as an Various forms of cloning technology publican colleagues would abdicate example of free speech. Use of the radio have been used for decades resulting in this basic responsibility in order to or newspaper by those with strong important biomedical and agricultural score political points. opinions or religious views is only done advances. Genes, cells, tissues, and I implore the majority to stop play- voluntarily with the permission of the even whole plants and animals have ing politics with people’s lives. Send owner. been cloned to develop new therapies the President a clean disaster bill Yes, it is very important who owns for treating such disorders as cancer, today. the flag and where it was desecrated. diabetes,, and cystic fibrosis. Cloning f What if it is in a home or in a church technology also holds promise for pro- for some weird reason? Do the police SPECIAL ORDERS ducing replacement skin, cartilage, or invade the premises? Who gets sent in? bone tissue for burn or accident vic- The SPEAKER pro tempore (Mr. The BATF, the DEA, the FBI, the U.S. tims, and nerve tissue to treat spinal PEASE). Under the Speaker’s an- Army or the U.S. flag police? If it is on cord injury. Therefore, nothing in the nounced policy of January 7, 1997, and government property or a government ‘‘Cloning Prohibition Act of 1997’’ re- under a previous order of the House, flag or someone else’s flag, that is an stricts activities in other areas of bio- the following Members will be recog- attack on property that can and should medical and agricultural research that nized for 5 minutes each. be prosecuted. By legislating against involve: (1) the use of somatic cell nu- f how someone else’s flag is being used, clear transfer or other cloning tech- The SPEAKER pro tempore. Under a the right of free expression and prop- nologies to clone molecules, DNA, previous order of the House, the gen- erty ownership is infringed just as if it cells, and tissues; or (2) the use of so- tleman from Missouri [Mr. GEPHARDT] were church property or a newspaper. matic cell nuclear transfer techniques is recognized for 5 minutes. We work diligently to protect con- to create animals. [Mr. GEPHARDT addressed the troversial expression in books, tele- The Commission recommended that House. His remarks will appear here- vision and movies and even bizarre reli- such legislation provide for further re- after in the Extensions of Remarks.] gious activities through the concept of June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3639 private property ownership as long as I promise to appear any time, any that must be made to express them- violence is not used. Is this matter any place to celebrate our liberties and selves without spoken words. Yet it is different? countermand the flag burners who a difficult language to learn but highly We live in an age where it is becom- work so hard to offend us. We do not necessary for survival. I encourage ev- ing more common to attack free ex- need an amendment to the Constitu- eryone who has the opportunity to pression, and that is a danger we tion which for the first time in our his- learn, to learn sign language. should not ignore. We find one political tory would undermine and curtail the This Saturday at the Great Adven- group attacking expression that vio- protections of the first amendment. ture Amusement Park in Jackson, NJ, lates the subjective rules of politically f thousands of people from New Jersey’s correctness while working to prohibit The SPEAKER pro tempore. Under a deaf and hard of hearing community voluntary prayer. Now another wants previous order of the House, the gen- will celebrate the 13th Annual Deaf and to curtail expression through flag anti- tleman from New Jersey [Mr. PALLONE] Hard of Hearing Day. If anyone is in- desecration laws in the name of patri- is recognized for 5 minutes. terested in seeking out more informa- otism. But there is a better way to [Mr. PALLONE addressed the House. tion on the day’s events, they can call handle demonstrations and mal- His remarks will appear hereafter in either through Voice or TDD, and the contents. the Extensions of Remarks.] telephone number at the Division of The danger here is that flag burners f the Deaf and Hard of Hearing in New frequently express a disdain for big Jersey is 609–984–7281. government. Curtailing any expression TRIBUTE TO NEW JERSEY’S 13TH I want to congratulate Richard Her- of criticism of the government is ANNUAL DEAF AND HARD OF ring, the Director of the Division of the fraught with great danger. Will anyone HEARING DAY Deaf and Hard of Hearing of the New who opposed big government someday The SPEAKER pro tempore. Under a Jersey Department of Human Services, be identified as a friend of the flag previous order of the House, the gen- for his efforts in making this annual burners and treated like one since he is tleman from New Jersey [Mr. PAPPAS] event such a success. His efforts over expressing an idea similar to the flag is recognized for 5 minutes. the years to celebrate, educate, raise burners? Just because some people are Mr. PAPPAS. Mr. Speaker, as I stand awareness, and recognize the achieve- not smart enough to express them- here today, almost three-quarters of a ments made by fellow citizens have selves in any other way than flag burn- million of my fellow New Jersey citi- truly had a tremendous impact on both ing, it does not justify the careless at- zens are unable to hear what I am say- the deaf and hearing communities of tack on free expression. Once it is rou- ing. It is not that they are not listen- my State. tinely accepted expressing these ideas ing, but rather they are physically un- f as dangerous to the status quo, all our able to hear. Although closed caption- BAD MANAGEMENT OF AN freedoms are threatened. ing television is beneficial to some, EMERGENCY BILL We need to direct our patriotic zeal many citizens are without the service. toward defending the Constitution and I rise today to recognize my State’s The SPEAKER pro tempore. Under a to the protection of liberty. Lack of proclamation of June 14 as the 13th An- previous order of the House, the gen- this effort has led to the impending nual Deaf and Hard of Hearing Day. tleman from Massachusetts [Mr. bankruptcy of the warfare state. Now, This day sets out to raise awareness for OLVER] is recognized for 5 minutes. there is a problem worth directing our an issue and a segment of our popu- Mr. OLVER. Mr. Speaker, today the attention. lation that face a silent disability. President, President Clinton, vetoed a The flag police are no substitute for The ability to hear is truly a blessing bill which he had said very clearly that our policing our own activities and re- and something that those of us who can he was going to veto. Very clearly he sponsibilities here in the Congress. We hear often take for granted. For just a had indicated that that veto was com- are endlessly delivering more power in moment think of all the different ing because of a series of extraneous the name of political emergencies, sounds that echo through our daily riders to an otherwise emergency bill. budgetary crises and government effi- lives: The birds chirping in the early And so we have a situation that I have ciency to the Executive, a process not morning, the music in the car, or the really in 30 years of legislative life that permitted under the Constitution. We elevator, or familiar voices of our I have gone through both in Massachu- permit socialists to attack property friends, family members, and cowork- setts, my home State, and here 6 years rights and the fundamentals of eco- ers. in the Congress, I think that I have nomic liberty as a right under our Con- As a society we depend on sounds in never seen an emergency bill managed stitution. But those who profess re- so many ways: Vehicle horns when we more cavalierly, more carelessly by the spect for private property should not are driving, fire alarms to alert us to legislative body and the majority than be trapped into attacking flag property danger, and even here in Congress we this one has been managed this year. when it is used to express unpopular listen for the bells to alert us of up- It was back in March, the 19th of antigovernment views and even change coming votes. March, that the President had asked the Bill of Rights to do so. It is difficult to imagine the every- for this legislation totaling about $7.1 The socialists know what they are day difficulties that those citizens who billion, part of it to deal with the very doing, but the anti-desecrators act out are unable to hear face in their efforts serious natural disasters in the Ohio of confused emotions while responding to function in a society that uses Valley, the flooding in northern Cali- to political pressures. We should not sounds in so many ways as a means of fornia, the Red River Valley, and the further sacrifice freedom of expression communication. Dakotas, and in Minnesota in order to with a flag amendment. Especially Beyond the sounds we hear, the spo- help put back the lives of hundreds of when compared to the harm done with ken language is our primary means of thousands of devastated families, farms taxpayers’ funding of school programs expressing and receiving our thoughts and businesses, people whose lives had and NEA desecration, it is negligible. and ideas. We use telephones to com- really been deeply hurt by that and True patriots can surely match the municate, we listen to the television also, by the way, to carry out $1.8 bil- wits of the jerks who burn flags with- and radio for our entertainment and in- lion that was to provide our peace- out undermining the first and the fifth formation, but the deaf community and keepers in Bosnia, those people, men amendments. hard of hearing community commu- and women, who wear the American Mr. Speaker, we can do better than nicates in a much different way. The uniform and are doing a dirty and a rush to alter constitutionally pro- silent disability that they face forces tough job, but a necessary job, the re- tected free expression for a nonprob- them to converse through sign lan- sources that they need in order to do lem. We could easily organize bigger guage and use TDD and relay services that. and grander demonstrations to cele- as an alternative method of telephone b brate our constitutional liberties for communication. 2015 which the flag is our symbol in answer As a student of sign language myself, There is no reason whatsoever why to the flag burners. I am well aware of the daily efforts this bill should not have been passed H3640 CONGRESSIONAL RECORD — HOUSE June 10, 1997 and signed by the President, a clean bill should be passed by this Congress icans, but to all of those who live in emergency bill to deal with these natu- and sent back to the President so he the countries that have been des- ral disasters and with our peace- can sign it. ignated as those who will be positive keepers’ needs in Bosnia, no reason at f for NATO and positive for world peace. all why that should not have been EUROPEAN SECURITY ACT f passed by the Congress and signed into The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a law by the time we went home for our previous order of the House, the gen- previous order of the House, the gen- Memorial Day long weekend, and the 10 tleman from Ohio [Mr. STRICKLAND] is tleman from Pennsylvania [Mr. FOX] is days that we, as Members of Congress, recognized for 5 minutes. spent in our districts. recognized for 5 minutes. However, on May 23, we recessed. Mr. FOX of Pennsylvania. Mr. Speak- [Mr. STRICKLAND addressed the There was an attempt by the majority er, I rise today to speak about a very House. His remarks will appear here- to adjourn, but instead, that was de- important issue and that is NATO. On after in the Extension of Remarks.] nied by a relatively wise majority that April 4, 1949, the United Nations, Can- f day, a majority of the Members, and we ada and 10 European governments STOP THE BATTLE OF THE BULGE instead recessed for those 10 days, leav- signed the North Atlantic Treaty cre- IN THE SUPPLEMENTAL APPRO- ing those hundreds of thousands of ating NATO. It was established to PRIATIONS BILL families without having been dealt deter potential Soviet aggression in with fairly for the disasters that they Europe and provide for the collective The SPEAKER pro tempore. Under a had undergone. self-defense of the alliance. previous order of the House, the gentle- Then it took us the whole next week Since then, NATO has reshaped its woman from Texas [Ms. JACKSON-LEE] after we came back until June 5, late military strategy fundamentally in the is recognized for 5 minutes. last week, when we finally passed the wake of the Conventional Armed Ms. JACKSON-LEE of Texas. Mr. emergency legislation, and even then, Forces in Europe Treaty, the Strategic Speaker, this evening I would like to the majority did not send it to the Arms Reduction Treaty, and the mas- talk about the battle of the bulge, or President. Even then, they held it over sive cuts in U.S. short-range nuclear maybe it is a battle with the bulge. the weekend until the beginning of this forces towards power projection with That is the emergency supplemental week, when they knew that they had more mobile forces and away from an appropriations legislation that the Re- added provisions to the legislation that armored positional force in Central Eu- publicans seem to think will play poli- the President had said very clearly rope. tics with the lives of thousands and change the balances of powers that During the December 1994 NATO thousands and thousands of citizens in were extraneous to any emergencies summit, the U.S. expressed its interest the Dakotas, Minnesota, and Califor- that would force a veto, and so early in expanding NATO in order to, one, nia, and 29 other States ravaged by this week he vetoed the legislation. strengthen nations that share our U.S. flooding and other natural disasters. Why did the Republican majority fol- belief in democracy; two, continue the Coming from the State of Texas, we low this kind of strange procedure in development of free market economies well know the tragedy of natural disas- this legislation? Well, they had a major open to U.S. investment and trade; ters, whether it is hurricanes or floods environmental rider in the legislation and, three, secure allies willing to or tornadoes. Most States in this Na- which was to the conversion of certain share in cooperative efforts on a range tion have had their share. Therefore, it claimed rights-of-way, conversion of of global issues; and finally, four, pre- seems much more than a crisis, but a rights-of-way to paved highways across serve a Europe free from domination by literal shame that the Republicans National Parks and Public Lands and any single power. have decided to play politics with a military installations. That legisla- I believe that the enlargement of simple act, and that is, show them the tion, that rider by itself, could never NATO will enhance stability by provid- money and get them the money. That have passed this Congress, could never ing NATO’s security guarantee for can- is the call, and that is what we need to have passed either branch of the Con- didate states working to construct via- be doing in the U.S. Congress. gress, yet it was put into this bill and ble democracies and free market sys- It is interesting that I stand here on it was not even an emergency. tems, Mr. Speaker. I call for my col- June 10, 1997, for it was on March 19, Then they had a census rider in there leagues tomorrow to support the Euro- 1997, that the President sent to this that the President said that he would pean Security Act, which will help to Congress, almost 3 months ago, the have to veto which would have re- expand NATO. H.R. 1758 declares that need for emergency disaster assistance moved the procedure for sampling that the door to membership in NATO and urged this Congress to act prompt- has been used in each of the last two should remain open to all emerging de- ly. There is no hardness or difficulty to censuses under a Democratic Presi- mocracies in Central and Eastern Eu- this legislative act. It is simply to pass dent, under a Republican President, rope, and expresses the sense of Con- an emergency supplemental appropria- that procedure for sampling of our pop- gress that the Baltic Nations and Ro- tions bill that will provide $5.8 billion ulation that gives us the most accurate mania should not be admitted to of much-needed assistance to people possible census at the lowest possible NATO, and declares that Congress will hard-hit and hit in the pocketbook, if cost. not approve international agreements you will. Now, why was that? Well, it turns that accord second-class status to any In addition, it included $1.8 billion out that there seemed to be some belief new NATO members. for the Department of Defense in relat- that it was an advantage, it would be Finally, Mr. Speaker, the bill de- ed efforts for our peacekeeping needs in an advantage to the Democratic Party. clares that the door to NATO member- Bosnia and Southwest Asia. But yet, Well, that is not really the case. It is ship should not close in the first round rather than send a clean supplemental not at all clear who would be advan- of NATO enlargement this summer. As- appropriations bill, this Congress de- taged. The only thing happening here piring members who may be left out of cided to load it down with ill-advised was that by adding that rider, we end the first round must be assured they and unnecessary pieces of legislation. up with a higher cost census, a less ac- will be considered for NATO member- For example, rather than emphasiz- curate census, and one that is very dif- ship in the future. This particular ing the need of those individuals over ficult to get done at all. So that rider measure provides that Romania, Esto- and over again by passing this clean was put on. nia, Latvia and Lithuania shall each be supplemental appropriations bill, we Then the third and probably the most designated as eligible to receive assist- would find in this particular legislative critical item among the riders was that ance under the NATO Participation package the battle of the bulge. We to impose a distinct power shift in the Act of 1994. would find elimination of the ability to constitutional powers in dealing with So I urge my colleagues to give care- use sampling in the census. budgets between the Congress and the ful attention to this legislation when it Someone might ask, why is that rel- presidency. For those reasons it was is debated on the floor, because I be- evant? Why are we even having that in vetoed, and for those reasons the clean lieve it is of interest not only to Amer- legislation without full discussion and June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3641 understanding whether that is a posi- mendous damage through that 260 Mr. Speaker, I ask support tonight tive or a negative? Frankly, that is a miles. There were over 20 deaths; the that we pass a clean appropriations good question, because in fact it has majority of them were in my district. bill, take out things on which we are been clearly shown that sampling is an For those that did not die and did not having fights, take out those things accepted method of creating the cen- lose family members, their life too was that have nothing to do with emer- sus. Politics again, allegations that severely affected by the storm, and as gencies, such as how to conduct the sampling benefits one group over the many of us do who are elected officials census. It does not make sense to the other, Democrats versus Republicans, in those type of events, we go out there people of Arkansas that we are dealing and yet the real question is providing and try and learn and walk with our with a very controversial issue, how do the dollars for those who are in need in constituents through their tragedies. we do the census, when we are trying the Dakotas and Minnesota, California, I do not need to go into great detail to provide emergency dollars for our and 29 other States. about those stories. I have talked with troops in Bosnia, when we are trying to What else is in here? Questions under policemen who found bodies, I have provide emergency dollars for storm the Department of Justice, issues deal- talked with family members who found victims throughout this country. ing with the environment. One would family members. I cannot describe Tomorrow I hope we will vote on a wonder why that was in there, and house after house after house of dam- clean supplemental appropriations bill. other matters that are extraneous to age. I hope we will vote for one without ex- the actual needs of these citizens. Any of us who have seen those kinds traneous material. I hope we will con- I would simply say that time is now of storms, we know that those storms duct the people’s business and find the overdue for clearly responding to the are not partisan issues. We know that common ground that the people of Ar- President’s veto. He is serious. But those victims were not only Democrats kansas and the people of this country more important, he cares about those, or only Republicans or only Independ- want. and we care about those who are in ents or only black or only white; we f need of money to pursue the cleanup, know that they were Americans under- the rebuilding, the rebuilding of lives going great tragedy. PASS A CLEAN SUPPLEMENTAL APPROPRIATIONS BILL and families. All we have to do is sim- b 2030 ply respond to the President’s request, I do not see this issue of the supple- The SPEAKER pro tempore (Mr. BOB simple request coming 3 months ago: mental appropriations being a partisan SCHAFFER of Colorado). Under a pre- Pass a clean emergency supplemental one. I know that Republicans and vious order of the House, the gentle- appropriations bill. Stop taking away Democrats together care about the tor- woman from California [Ms. WOOLSEY the ounce of prevention program, a nado victims in Arkansas, they care is recognized for 5 minutes. program that helps communities work about the flood victims in the northern Ms. WOOLSEY. Mr. Speaker, earlier together to eliminate crime. Stop tak- United States. this year our country faced the disas- ing away money from the peace- The issue is not about who cares the ter of floods and tornadoes that rav- keepers, the men and women in Bosnia most. We all care about what happens aged homes and businesses all across who have given their lives for this to our fellow Americans. The issue is our Nation. In my district in Califor- country. Stop interfering with the en- really to me a more mundane one: How nia, the Russian River flooded our com- vironment by trying to undercut an en- do we do the people’s business; how do munities not once but twice this year. vironmental process with the Depart- we in this Chamber, how do we fresh- The damage was devastating. It dev- ment of the Interior. Stop interfering men, just completing our first term, astated homes, businesses, agricultural with the Department of Defense with just a few months into our first term, lands, and the environment. It played the dual-use technologies. All of these how do we do the people’s business? havoc on the tourism industry at the issues are in an emergency supple- Frankly, my constituents back home Russian River. mental bill when all we want is the are confused by how we are doing the However, Mr. Speaker, in the Con- money for these people to rebuild their people’s business when it comes to this gress today we have a disaster of our communities. storm. They see in the paper the words own. This time the disaster has been I would simply say it is time now to ‘‘supplemental appropriations’’; and I caused by the flood of partisan game- stop the politics and act quickly, swift- am a freshman, I hear that phrase, and playing and a tornado of political ma- ly, certainly more so than we have it sounds like some new type of nutri- neuvering by the majority party. done over these last 3 months. Bring tional drink for athletes: supplemental It has been over 2 months since the back a clean emergency supplemental appropriations. President requested emergency aid for appropriations bill. Let us deal with Then I explain to them that is emer- flood victims. But my colleagues on the people forthrightly in those areas gency, emergency money for troops the other side of the aisle continue to that are in need, and then, if we must, overseas, emergency money for storm hold disaster relief funds hostage. They have legislative discussions and hear- victims. Then they want to know, why have loaded down this supplemental ings relevant to these other aspects of is there such controversy over emer- appropriations bill with pet political this bill, but let us stop the battle of gency dollars that we all agree on? And projects and extraneous provisions and the bulge, cut the fat and get down to I do not have a good answer. As a new stopped this bill dead in the water. the bottom line, serve the people who Member, I am still learning. Mr. Speaker, the consequences of this are in need and pass the emergency Let me tell the Members one of my delay are enormous. Disaster victims supplemental appropriations bill. observations here in the last few across America cannot reconstruct f months. To me it seems there is a dif- their businesses, their homes, their ference between compromise and com- lives. They cannot clear their fields for DISASTERS ARE NOT PARTISAN mon ground. We elected officials, we new crops. They cannot get on with the The SPEAKER pro tempore. Under a always talk about politics being the job of rebuilding their lives and their previous order of the House, the gen- art of compromise. Let me suggest, Mr. environments. tleman from Arkansas [Mr. SNYDER] is Speaker, that perhaps in emergencies Speaking of victims and their lives, recognized for 5 minutes. we ought not to be looking for the and about what this game is doing to Mr. SNYDER. Mr. Speaker, I thank compromise. Compromises can take them, the mothers and babies who rely you and the staff who are putting in weeks and months to achieve. Perhaps on WIC, the women, infants, and chil- long hours here once again. We appre- we should be looking for the common dren program, cannot wait any longer. ciate you very much. ground: Find those things that we all They have to know whether they are Mr. Speaker, on March 1, we had a agree on, whether we are Democrat or going to be thrown off of that program. 260-mile squawk of tornadoes come Republican, whether we are in Con- Without the $76 million in supple- through Arkansas. By the weather- gress or in the executive branch and mental funds in this bill, more moms man’s count, there were approximately are the President. Find those things we and children will be denied critical nu- 24 different tornadoes that came out of all agree on and let us pass those clean- tritional assistance, and fewer infants the same storm front and caused tre- ly without this extraneous material. and children will get the nutritional H3642 CONGRESSIONAL RECORD — HOUSE June 10, 1997 food they need to grow into healthy We have seen textile and apparel The articles referred to are as fol- adults. plants leaving the American South- lows: Mr. Speaker, it is truly outrageous east. We have seen electronics compa- [From the News-Messenger, June 6, 1997] that the majority party is playing po- nies leave Massachusetts and Indiana. NAFTA CITED IN EVEREADY LOSS—TOLEDO litical football with the lives of flood We have seen the destruction of the to- AREA U.S. REP BLAMES FREMONT PLANT and tornado victims and pregnant mato industry in Florida. We have seen CLOSING ON FREE TRADE PACT women and their babies. the potential for tens of thousands of (By Lynda Rea) Mr. Speaker, while the rains have jobs in the automotive industry to Eveready Battery Co.’s decision to close its stopped and the Sun is shining in Cali- evaporate as companies locate plants Fremont factory is the latest tragedy result- fornia today, the partisan games of the in the border areas of Mexico. We have ing from the North American Free Trade majority continue to cast a dark cloud seen the potato industry in Maine laid Agreement (NAFTA), Toledo’s U.S. Con- over our recovery. Let us get on with low because of imports from Canada, gresswoman says. it. Let us pass a clean supplemental ap- and the wheat growers and cattle grow- ‘‘Every single job we lose is a tragedy for propriations bill that does what it was ers in the Plains States under assault. the people who are terminated and the com- intended to do: provide emergency munity in which they reside,’’ the 9th Dis- The downward pressure on wages and trict’s Marcy Kaptur said. funds, not further some political agen- benefits continues around this Nation. da. Let us not tell these rained-out ‘‘Eveready advertises they ‘keep going.’ NAFTA is making its effects felt in Well, I guess they are going. This is 250 families that the Sun will come out communities throughout our Nation, workers—that is a huge, huge loss for us.’’ next week or next month. Let us pass a and no region is exempt. You can run, Eveready announced earlier this week it clean supplemental and let us do it but you cannot hide from the effects of would close the newly-renamed Energizer now. NAFTA. factory in 12 to 14 months and move a por- f Today the Associated Press reports tion of its production to Mexico, eliminating that the community that has been 250 local jobs. EVEREADY AND THE ENERGIZER Asked whether NAFTA played a role in the BUNNY JOIN THE NAFTA DRUM- most hard hit by NAFTA is, you would decision, Eveready officials emphasized that BEAT OF JOBS AND WAGES LOST never have guessed it, El Paso, TX. the reason instead is declining consumer de- TO MEXICO That is right, El Paso, TX, right there mand for carbon zinc batteries, which do not on the border, the same El Paso, TX last as long as alkaline batteries. The SPEAKER pro tempore. Under a that proponents of NAFTA predicted Domestic production of carbon zinc bat- previous order of the House, the gentle- would be one of the greatest bene- teries, which are made in Fremont, has woman from Ohio [Ms. KAPTUR] is rec- ficiaries of the trade agreement. El dropped to 30 percent of what it was in 1986, ognized for 5 minutes. Paso was once a stronghold of the gar- Eveready spokeswoman Jill Winte said. Ms. KAPTUR. Mr. Speaker, every- ‘‘NAFTA has not been a factor in the deci- body knows the Energizer Bunny. He ment industry, but the community has sion-making process,’’ Winte said. ‘‘The car- has been around since the 1980’s, and now lost over 5,600 jobs since NAFTA. bon zinc battery is just a declining segment appeared in more than 40 commercials Coming in second is Washington, of the market.’’ with his sunglasses and that little North Carolina, which has lost 3,400 Kaptur says companies are heading south drum. Everybody knows his message: jobs because of NAFTA. If anything, of the border—taking 140,000 American jobs with them since NAFTA started—because of The bunny just keeps going and going these statistics understate the dimen- sions of the losses, because not all fewer environmental regulations and because and going. they can pay laborers ‘‘pennies.’’ Well, last week Eveready Battery workers who lose their jobs are re- ported to the Government of the Unit- ‘‘They all use the excuse they have to com- Co., maker of the Energizer battery pete globally, except all the companies who and the largest manufacturer of dry ed States at the Department of Labor. are doing this are all multi-nationals and cell batteries in the world, announced By the way, it is the U.S. taxpayers they seek the lowest standards.’’ that it would be closing its factory in that end up paying the costs of unem- Comparing Mexican wages to Americans’ the town of Fremont, OH, and moving ployed workers that are displaced due wages and, more importantly, to corporate all of those jobs to, you guessed it, to this trade agreement when produc- profits, ‘‘makes me sick,’’ Kaptur said. Mexico; 250 more citizens of our coun- tion is moved outside the United Employees at Fremont’s Eveready earned $12 to $18 an hour, with the average worker try earning between $10 and $15 an hour States. Most American citizens do not understand that. They think if people earning around $13, Eveready spokesman whose jobs are now on the chopping Keith Schopp said. block, outsourced again to a low-wage are put out of work, somehow the com- Various sources place the typical Mexican nation that has no responsibility on panies end up paying the costs of the wage between 80 cents and $1.50 an hour, environmental considerations. This workers’ replacement in another field. which Kaptur called ‘‘hunger wages.’’ gives new meaning to the Eveready slo- That obviously does not happen. Fremont’s closing will create a ‘‘small gan, it just keeps going and going and Is that not a fine how do you do? Not number of incremental jobs’’ in Mexico, but going, because those workers in Fre- only do the companies leave and they it is too early to determine the number, take the jobs elsewhere, but then it is Winte said. mont, OH, now understand what that ‘‘There is no question that the average Energizer bunny is drumming all the people of the United States through their tax dollars that have to wage in the U.S. is higher than the average about. wage in Mexico or outside countries, but This particular company is part of a subsidize the movement of these work- that was one of many factors the company larger trend since NAFTA: a quicker ers to hopefully some other job or some considered,’’ Schopp said. pace of companies moving from our type of training. ‘‘The main reasons are the U.S. market is country, moving good jobs that used to We do know in all of the studies that moving away from carbon zinc batteries and pay good wages with benefits in this have been done that when people leave we need to consolidate production for the Nation to low-wage environments, one job and move to another, they Western Hemisphere.’’ keeping pressure here at home for jobs rarely are employed at the same wage Eveready already has moved production level, they rarely get the same bene- from Brazil, Argentina, Colombia and Ecua- that are more temporary in nature, dor into the existing Eveready plant near more part-time, with no health bene- fits, and in fact, since NAFTA’s pas- Mexico City, which employs 900 people, fits, and with retirement benefits sage, most of these people have seen Schopp said. threatened every step of the way. their standard of living erode in an U.S. Rep. Paul Gillmor, R-Old Fort, said he Throughout our country companies economy that is supposed to be just found it ‘‘disturbing’’ that local production are moving production and jobs to doing wonderfully. was going to Mexico, but added he does not places like Mexico at a faster pace. In I will submit for the RECORD the arti- blame NAFTA. fact, when we add up these Eveready cle that was in the Associated Press Americans were complaining about jobs lost jobs, the numbers of people that this morning, that El Paso leads the going to Mexico long before NAFTA began have already been certified as having Nation in lost jobs, and an article from reducing tariffs and other trade barriers, he said. been terminated as a result of NAFTA the News Messenger in Fremont, OH: NAFTA has eliminated a 20 percent duty now number over 140,000 around our ‘‘NAFTA Cited in Eveready Loss,’’ as on American products shipped to Mexico and country, including in States like my further evidence that the agreement is a 10 percent duty on Mexican products own, in Ohio. not working. shipped to the U.S., Gillmor said. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3643 ‘‘I don’t want to see these jobs or any other she lost her job as a seamstress at Tex-Mex my junior year, but somehow you jobs go to Mexico, but the idea that because Sportswear when the company moved work never noticed. But I can promise you the Mexicans had to lower tariffs it has hurt to Mexico. this, it only happened one time. My American jobs defies any logic,’’ he said. ‘‘I’ve used the NAFTA benefits, I’m study- game plan was to try to fit in as a Gillmor said NAFTA has had little impact ing English like others. But I’d prefer to in the Fifth District, which includes San- have a job,’’ she said. quiet, even smart student. I decided dusky County. His 1996 poll of 124 firms, em- Arriaga’s benefits, which have included un- that I could get by being unnoticed and ploying 17,000 people, found that 72 percent employment pay and paid retraining, come not rocking the boat, stay under the reported no impact on business by NAFTA. to an end in August and she’s worried she radar screen. Eighteen percent said NAFTA had helped will not have learned enough by then. But I soon found I had a problem, be- their business and 10 percent reported it had ‘‘I’ll have to find work, and in sewing there cause in the 1970’s in Clark Central been detrimental. aren’t many jobs any more,’’ she said. ‘‘That High School students in each grade A local business expert, Richard Smith of was my profession. I have little hope they’ll were divided by ability. They were four the Sandusky County Economic Develop- take me.’’ ment Corp., said American companies mov- Some efforts are under way to extend groups. I know the board of education ing to Mexico is a trend related to NAFTA. NAFTA benefits for displaced workers: a had more suitable terms, but for us ‘‘Personally I think these are short-term worker’s advocacy group, La Mujer Obrera, kids the four groups were known as the solutions,’’ Smith said. ‘‘In the long run, is pushing for bilingual training programs. smart group, the medium smart group, quality will suffer. . . . They are leaving be- U.S. Rep. Silvestre Reyes, D-El Paso, is the medium group, and the dumb hind quality labor when they do that.’’ proposing $12 million for NAFTA’s Transi- group. Kaptur could not agree more. tional Adjustment Assistance program. The smart group contained all the fu- ‘‘We have had dozens of closings in Ohio al- Budget disputes in Congress have so far kept ture doctors, lawyers, mechanical engi- ready,’’ Kaptur said, listing Goodyear and the proposal off the next budget. neers, accountants, miscellaneous egg- Allied Signal as examples of movers to Mex- f ico. heads, National Merit Scholars, and ‘‘ . . . I say to them, ‘You sell your prod- TRIBUTE TO MRS. BERTHA professors’ kids. You see, Athens, GA, uct there and don’t send it back here. We are MUSICK OF CLARK CENTRAL is a college town. All the University of not interested.’ ’’ HIGH SCHOOL Georgia professors’ kids were in the smart, advanced placement class. EL PASO LEADS THE NATION IN NAFTA- The SPEAKER pro tempore. Under a Actually, Mr. Speaker, I, too, am a RELATED JOB LOSSES previous order of the House, the gen- professor’s child, but through some ge- EL PASO, TEXAS (AP).—El Paso, once a gar- tleman from Georgia [Mr. KINGSTON] is netic defect I inherited none of the ac- ment-industry stronghold, has lost more jobs recognized for 5 minutes. companying brains. I was in the aver- than any other U.S. city since the North Mr. KINGSTON. Mr. Speaker, in 1973 age group. But early in 1971, through American Free Trade Agreement went into two significant education-related effect in 1994, U.S. Department of Labor sta- some quirk of the board of education, I events occurred in my life. No. 1, Clark was put into the dumb group. I had tistics show. Central High School teacher Bertha In El Paso, 5,623 jobs have been lost. Com- never been in this group before, and it ing in second is Washington, N.C., which has Musick retired after 37 years of teach- bothered me greatly. How did this hap- lost 3,400 jobs because of NAFTA. ing. Mrs. Musick had taught social pen? What strange alignment of the El Paso mayor-elect Carlos Ramirez said studies, science, and English in ele- stars put me in this place? the losses show the city needs to give se- mentary school, junior high school, Not knowing what to do, I stumbled lected industries strong incentives to come and high school, but during my time in into the guidance counselor’s office; to the city and stay. high school she was known as the 11th ‘‘Our economic development areas have to another great lady, Mrs. Hackey. I grade teacher in that feared and hated asked for her advice. In short, she told be in jobs where not only we have an eco- subject of grammar. nomic advantage but also where we have an me the decision to transfer would be economic multiplier, such as international On the 12-year bumpy road to a high made by Mrs. Musick. My heart sank. school diploma, Bertha Musick was the trade, light manufacturing and high-tech,’’ b Ramirez said. gatekeeper. If you could not pass 11th 2045 No figures are kept on jobs created by grade grammar, you could not get a di- She will think I am dumb. She will NAFTA in El Paso. But Ramirez said that ploma, and Mrs. Musick did not give not have anything to do with me. from January 1994 to January 1997, El Paso’s away any freebies. Teachers like that think less of you, total number of jobs grew by 13,200 to 236,500. I, along with most Athens, GA, kids, not more of you. A week passed, and I NAFTA lowered trade tariffs among the started hearing about Mrs. Musick’s United States, Canada and Mexico beginning still lacked the nerve to talk to her. in 1994. The Labor Department’s numbers 11th grade class as early as in the 9th Finally I could not stand it. cover job losses attributed to trade with grade. Pray you do not get her, it is the I caught Mrs. Musick after class one Canada and Mexico from January 1994 until hardest class at Clark Central, the day. ‘‘You see, Mrs. Musick, I have al- April 30, 1997. upper classmen would warn us, yet ready read a lot of these books that we Nationwide, the Labor Department counts nothing could be done to prevent it. are supposed to be reading, and I just 124,616 NAFTA-related job losses, 45 percent Student placement and teacher selec- think I would be better off in the me- of them from work moving to Mexico. Most tion was done in some dark, secret dium class.’’ of El Paso’s NAFTA-related layoffs occurred chamber far beyond the influence of She replied, ‘‘There is no room in the when companies closed plants and moved op- erations to Mexico. watchful eyes of 16-year-old students. medium class. Besides, you have a con- The majority of NAFTA layoffs, 77 percent, What would I do if I got Mrs. Musick? flict with algebra. What about the ad- were in the garment industry. Some analysts The luck of the draw was such that I vanced group?″ said the industry was moving production out did get Mrs. Musick, and I guess from Was she joking? The advanced, that of the country before NAFTA anyway. her perspective, she got me. My deepest was where all the real smart kids were ‘‘El Paso concentrates on men’s blue jeans, fears were realized: How was I, a mere like Richard Royce and Alice Cooper men’s shorts, basically men’s clothing, average kid, going to live up to her and David Bowman, certified geniuses which is very standard. And that is the easi- high standards? My first task was to from way back, kids who made 1500 on est thing to move offshore.’’ said Raul Hinojosa, director of the North American In- know all of her many ground rules. She their SAT score and played with slide tegration and Development Center at the was known as a strict no-nonsense in- rules when the rest of us were fiddling University of California at Los Angeles. structor; no talking, no napping, no around with Etch-a-Sketch. I stam- Unlike the garment industry, the trucking note-passing, and never forget your mered, ‘‘Well, not that much of a industry has benefited from NAFTA. More grammar book. I did all these things, leap.’’ than 500 trucking jobs have been created in and because I knew she was not going ‘‘Do you want to stay in the class El Paso in the past year alone. to change, I would have to. you are in now?’’ I dreaded the When the Labor Department certifies jobs Mrs. Musick, let me say this now if thought. as lost because of NAFTA, the displaced workers become eligible for government-paid you are listening: I only tonight feel She looked at me and said, ‘‘I think retraining. comfortable in confessing that I did you can do it.’’ Now, was not this a sur- Armida Arriaga, 56, worked in the El Paso forget my grammar book once, and it prise? Teachers like this do not give garment industry for 18 years. In May 1996, was one of the most dramatic days of students like me a break. This was H3644 CONGRESSIONAL RECORD — HOUSE June 10, 1997 strange indeed. A teacher I feared and Kilamanjaro, spent some time with In response, Congress acted to ease fretted about giving me a promotion, Thoreau at Walden Pond, dined with the misery of these victims by quickly based on speculation. No one had ever Fitzgerald and Gatsby at West Egg and appropriating much-needed disaster as- done this for me. I had had plenty of wept with Oliver Wendell Holmes on sistance. By so doing, Congress sent a good teachers. I liked plenty of them, the Gettysburg battleground. As they clear message to these victims that and they liked me. But no one had ever have become immortal, so has Mrs. they were not being abandoned by their gone out on a limb on my behalf. Musick. government and we gave them hope Then something even more wonderful How many students like me left her that they would be able to rebuild their happened. If Mrs. Musick thought I class with a lifetime habit of reading lives. Congressional response to the could do it and she believed in me, and yearning for knowledge or even an Northridge earthquake represented the maybe I could do it and maybe I could appreciation of grammar? Our lives Federal Government at its best. believe in myself also. live on in the influence that we have on Today, 83 days after the President Mr. Speaker, this inspiration given others, and Mrs. Musick’s legacy is in- asked Congress to pass legislation pro- to me by a schoolteacher over 25 years delibly etched on thousands of Athens, viding desperately needed funds for ago always has stuck with me. I trans- Georgia kids. I am blessed to have had families suffering the aftermath of the ferred to the new class and got to her and forever better for the experi- recent floods, these victims are still work. I doubled my efforts, my enthu- ence. I am sorry for those who did not. waiting for Congress to help them in siasm for learning. I did not want to let I started out, Mr. Speaker, saying their time of need. Their cries for help the other kids know I did not really fit there were two significant things that fall on the deaf ears of the Republican in, and I sure did not want to let Mrs. happened in Athens, GA. One, Mrs. majority who insist on using the disas- Musick down. Musick retired. The other, Jack Kings- ter relief bill as a vehicle to ram During the Christmas holiday, I ton graduated. After 12 years of study, through an unrelated political agenda worked on my term paper for the win- I walked down the aisle with my di- which the President has said over and ter quarter. I read ‘‘For Whom the Bell ploma, a product of lots of classroom over again is unacceptable. Tolls’’, ‘‘Thanatopis’’, ‘‘Tess of the hours and homework and wonderful Despite the President’s warning of a D’ubervilles’’, ‘‘Red Badge of Courage’’, teachers like Mrs. Bertha Musick. veto, the Republican majority put ‘‘The Last Leaf’’. I ended up the year f their interests ahead of the interests of making A and B’s, mostly B’s, but B’s the flood victims and included unre- The SPEAKER pro tempore (Mr. BOB never felt so good. But above all, I was lated provisions, knowing the bill SCHAFFER of Colorado). Under a pre- in the advanced class in everything vious order of the House, the gen- would be vetoed. These Republican else, algebra, science and history. machinations represent government at tleman from Texas [Mr. EDWARDS] is What else can I say about the woman recognized for 5 minutes. its worst. Yes, the issues of the con- who made this possible? She was strict [Mr. EDWARDS addressed the House. tinuing resolution and the census but she was clear. She gave us the His remarks will appear hereafter in should be considered by this House. rules. We understood them and we fol- the Extensions of Remarks.] But those are separate issues. lowed them, and we if we did not, pun- Our first and most immediate respon- f ishment was sure and swift. There was sibility is to give help to those who are no pink slip, no parent-teacher con- The SPEAKER pro tempore. Under a suffering the ravages of the floods. ference or gray area. Fairness and cer- previous order of the House, the gentle- North and South Dakotans, Minneso- tainty were her trademarks in dis- woman from North Carolina [Mrs. tans, northern Californians and Ohio cipline. CLAYTON] is recognized for 5 minutes. River Valley residents want and de- On her subject matter, she was pas- [Mrs. CLAYTON addressed the House. serve to rebuild their lives. They want sionate. No sentence has been con- Her remarks will appear hereafter in and deserve to have peace of mind and structed that she could not diagram. the Extensions of Remarks.] a modicum of security. They need help Infinitives did not get split and par- f to relocate their businesses, repair ticiples did not get dangled on her The SPEAKER pro tempore. Under a damaged roads and clear their farms in watch. In fact, I am still a little afraid previous order of the House, the gen- time for planting. now, if she is watching, she will catch tleman from North Carolina [Mr. HEF- Yet the Republicans keep placing all my mistakes. NER] is recognized for 5 minutes. their political agenda ahead of the On literature there was none so de- needs of these victims. Such game [Mr. HEFNER addressed the House. voted. One day it snowed, and in Ath- playing is untenable when lives and His remarks will appear hereafter in ens, Georgia a snow day to students livelihood are at stake. I call on the the Extensions of Remarks.] was worshipped like manna from heav- majority to do the right thing and im- en. No school. While all of the students f mediately remove objectionable extra- rushed to the hills for sledding, Mrs. The SPEAKER pro tempore. Under a neous provisions from the emergency Musick later confessed she could not previous order of the House, the gen- supplemental appropriations bill. Send wait to get back to a good book or two, tleman from North Carolina [Mr. President Clinton an emergency sup- and with good reason. ETHERIDGE] is recognized for 5 minutes. plemental appropriations bill he can She was intimately acquainted with [Mr. ETHERIDGE addressed the sign. Send the flood victims the relief Fitzgerald, Thoreau, Emerson, Huxley, House. His remarks will appear here- they so desperately need and deserve. Whitman, Oliver Wendell Holmes and after in the Extensions of Remarks.] f company. She was their peer and they f The SPEAKER pro tempore. Under a were her friends. Once Lewis Nix sug- previous order of the House, the gentle- gested Hemingway partied too much in ON SUPPLEMENTAL APPROPRIATIONS woman from Michigan [Ms. STABENOW] Key West. Mrs. Musick neither con- is recognized for 5 minutes. firmed nor denied this but took us all The SPEAKER pro tempore. Under a [Ms. STABENOW addressed the to a higher plane with her admonish- previous order of the House, the gentle- House. Her remarks will appear here- ment, ‘‘Do not talk about one of Amer- woman from California [Ms. ROYBAL- after in the Extensions of Remarks.] ica’s greatest authors in such fashion. ALLARD] is recognized for 5 minutes. f He went through a lot in the war.’’ A Ms. ROYBAL-ALLARD. Mr. Speaker, classy way to handle such a statement. as a Member of Congress representing PASS THE EMERGENCY Her love of literature was contagious parts of Los Angeles, I am acutely SUPPLEMENTAL and many Clark Central students left aware of the devastating impact natu- The SPEAKER pro tempore. Under a with reading as a lifetime hobby. ral disasters have on human life. The previous order of the House, the gen- I will close with this. I still do not Northridge earthquake, for example, tleman from Maine [Mr. ALLEN] is rec- know what Thanatopis means, but I do not only destroyed homes and parts of ognized for 5 minutes. know what the poem was about. I trav- communities but lives and people’s Mr. ALLEN. Mr. Speaker, a few mo- eled with Hemingway to Mount livelihood. ments ago I told my wife I was coming June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3645 to this Chamber to talk on the supple- would prevent, permanently would pre- Place moratoriums on all but safety relat- mental appropriations bill. And she vent the U.S. Census Bureau from ed facility maintenance, including runway said, why do they not just pass a clean using statistical sampling in trying to repair. Impose civilian hiring freezes. supplemental bill? Why do they not do determine how many people in the year I know you are aware of the importance of it? There are flood victims out there 2000 live in this great country. Statis- this issue. We are well beyond the point who are waiting for relief. Why do they tical sampling. Everyone in this Cham- where we can avoid serious disruption to Air not do it? ber knows what that means. Every one Force operations if there is no supplemental. I think that those who have been fol- of us do polling. Every one of us knows Timing is now critical. lowing this issue over the last few that you cannot find out how many RONALD R. FOGLEMAN, General, USAF, Chief of Staff. weeks are asking the same question. people live in a community by knock- Why do we not have a clean supple- ing on doors and counting. It is a very U.S. ARMY, mental appropriations bill? Because inefficient way to do it. You need THE CHIEF OF STAFF, clearly there are people in need. something else, and statistical sam- Washington, DC, June 3, 1997. The Republican leadership’s failure pling is the way to go and do it. Hon. WILLIAM S. COHEN, to pass a clean supplemental appropria- The Department of Justice under the Secretary of Defense, Washington, DC. tions bill has today prompted a Presi- Carter administration, under the Bush DEAR MR. SECRETARY: I need your assist- dential veto. It is not surprising. The ance in expediting the Bosnia Supplemental administration, under the Clinton ad- currently on the Hill. In early April, I ad- President made his position perfectly ministration has made it clear that vised Congress that in the absence of supple- clear. That Presidential veto is deny- statistical sampling is constitutional mental funding or the clear assurance that ing our people at home the resources and appropriate as a way of determin- such funding would be forthcoming, I would they need to rebuild their lives. More- ing the size of the population. be forced to begin actions in early May that over, it is denying our troops in the Second, there is another provision in would result in a degradation of readiness. I field the resources they need to carry here that needs to go. That is a provi- have not initiated the panned actions to deal with the lack of supplemental funding be- out their mission. The supplemental sion that sounds good on its face, cause the progress made had convinced me appropriations bill provides $5.8 billion which would prevent a Government that supplemental funding would be forth- to individuals in 33 States hard-hit by shutdown, but in fact it removes the coming. disasters. It also provides $1.8 billion to incentive for this Congress to pass a Recent developments indicate passage of peacekeeping efforts in Bosnia and budget. We do not need another obsta- the supplemental may be at risk. This puts southwest Asia. cle to passing a budget. We need to get the Army in the position of having to pro- Eighty-three days ago, that is when vide fourth quarter resource allocation to down to business and do it. the field without having supplemental fund- the President asked this Congress for a Mr. Speaker, to delay any longer is ing in hand. We have a fiscal responsibility disaster relief bill, 83 days ago. Since irresponsible. Playing with other peo- to ensure that the allocation of fourth quar- then the Republican leadership has ple’s lives is wrong. I urge my col- ter resources is done within current limita- been persistent in forging ahead with a leagues to pass a clean disaster relief tions. There are several actions presently relief bill that is so loaded down with bill. Only a clean bill will provide the under consideration to cope with this situa- extraneous and harmful positions that disaster relief necessary and the re- tion. Each will have direct readiness and frankly that guaranteed the veto. I do sources our troops need in Bosnia and quality of life implications. Actions include not believe that many people around the cancellation of Army participation in southwest Asia in order to do their JCS exercises, Combat Training Center this country understand that position. jobs. Eighty-three days ago the Presi- (CTR) rotations, home station training, Why are we loading up this bill? dent asked us for disaster relief and we weapons qualification training, and the de- I can guarantee you, I do not think a passed a bill that was guaranteed to ferral of some real property and depot main- disaster relief bill, if it came to this draw a veto. It is time to get serious, tenance. Some of these actions could carry House pure and clean, disaster relief time to pass a clean bill. over into the next fiscal year. For example, only, it would pass without a single Mr. Speaker, I include for the canceling home station training in the dissenting vote. The Members in this fourth quarter of this fiscal year could im- RECORD the following: pact on CTC rotations in the first quarter of Chamber want disaster relief. Civic DEPARTMENT OF THE AIR FORCE, FY 1998. leaders from Grand Forks, ND, and OFFICE OF THE CHIEF OF STAFF, We continue to monitor the supplemental East Grand Forks, MN, and from nu- Washington, DC, June 3, 1997. very closely. As the situation develops, the merous other communities have cried Memorandum for the Secretary of Defense Army will initiate any and all actions nec- out that disaster relief is critical and From: HQ USAF/CC, 1670 Air Force Penta- essary to train and operate within the means that every day a disaster bill is not en- gon, Washington, DC 20330–1670 available to us. Very Respectfully, acted is one more day that Americans Subject: FY97 DoD Contingency Supple- DENNIS J. REINER, mental are denied the necessary resources to General, U.S. Army, Chief of Staff. rebuild their communities. I understand that quick passage of the I am also holding letters here from Supplemental may be in jeopardy. The pur- THE SECRETARY OF DEFENSE, Secretary of Defense Cohen and the pose of this memorandum is to make you Washington, DC. Chiefs of Staff of the Army and the Air aware of the impacts of delayed passage (be- Hon. C. W. BILL YOUNG, Force which describe the effects on the yond June) on Air Force day-to-day oper- Chairman, Subcommittee on National Security, ations. Committee on Appropriations, House of Rep- military of the Republicans’ failure to The Air Force is currently cash flowing pass a clean bill. Training is curtailed. resentatives, Washington, DC. over $700 million in support of Bosnia and DEAR BILL: I want to thank you for your Maintenance is delayed. Rotations are SWA operations. We are doing so out of third action to date on the FY 1997 Bosnia/South- canceled. Inventories are drained. Our and fourth quarter funding but are fast run- west Asia Supplemental request, but I want soldiers, sailors, marines, and airmen ning out of flexibility and must soon take to share with you my concern and that of the need a clean supplemental bill. very dramatic action to avoid incurring an Service Chiefs about the impact on oper- Mr. Speaker, there is a time for par- anti-deficiency in our O&M appropriation. ations and training if the supplemental is tisan politics and a time to set it aside. On or about 1 July, Air Force commanders not approved soon. But when Americans are hit by a natu- must begin taking the following kinds of ac- In my testimony and discussions with Con- tions: gress, I have emphasized the need for early ral disaster, we must act together and Severely curtail or cease non-flying train- action on the supplemental. Based on its act quickly. The American people and ing—skill and proficiency levels reduced, likely passage by Memorial Day, few actions American troops need our support. We e.g., weapons maintenance. were taken by the Department to offset sup- must do our job, and we must do it Severely curtail or cease flying training— plemental costs. However, since our request today. Let us pass a clean supple- squadrons and wings stand down—aircrew was not approved last month, the Chiefs of mental appropriations bill to support readiness degraded. Staff of the Army and the Air Force have re- our troops in Bosnia and our people at Cease all non-mission critical travel. newed their concern over the possibility of Defer further depot maintenance induc- delayed passage of the supplemental. I have home. tions—aircraft grounded. enclosed copies of recent memoranda from There are two provisions I want to Terminate benchstock fills—aircraft them. To ensure that their overall oper- mention quickly in that bill that ought spares and consumables inventories drained. ations are properly funded, the Chiefs have to be stricken. One is a provision that Park non-mission critical vehicles. indicated that they cannot risk being left H3646 CONGRESSIONAL RECORD — HOUSE June 10, 1997 with no options for funding Bosnia/South- the State, and if the lawmakers do not class of this country. And then, my west Asia costs if the supplemental is de- give us a tax break, we are going to friends, the economy is not booming so layed much longer. move to another State or, more likely, much. I remain hopeful that quick action can be we will move out of the United States f taken on the supplemental to preclude the of America. And what does a mayor or disruptive impact to the Department’s pro- A CLEAN DISASTER RELIEF BILL a Governor do or a legislature do under grams, especially those related to maintain- IS THE RIGHT THING TO DO ing our readiness capability. that scenario? Sincerely, It does not matter what party con- The SPEAKER pro tempore (Mr. BOB BILL. trols the legislature. Essentially, what SCHAFFER of Colorado). Under a pre- f people understand is that real power vious order of the House, the gen- rests with the people who have the tleman from Texas [Mr. LAMPSON] is IMPORTANT ISSUES money. And if the people who have the recognized for 5 minutes. The SPEAKER pro tempore. Under a money are not pleased, do not get the Mr. LAMPSON. Mr. Speaker, I rise previous order of the House, the gen- tax breaks that they want, they are today to express my dismay over the tleman from Vermont [Mr. SANDERS] is going to move elsewhere. When that continued mishandling of the disaster recognized for 5 minutes. happens, people say, why should I vote, relief bill by the Republican leadership. Mr. SANDERS. Mr. Speaker, as the it does not make any difference. Politi- I represent a district along the gulf only Independent in the House, let me cians really do not have the power. coast, and perhaps in several months, raise a few issues which I consider to So I would argue that this country after a devastating hurricane, I will be terribly important but which unfor- faces a major political crisis. During find myself in the same position as my tunately do not get discussed all that the 1960’s the Beatles were talking colleagues, the gentleman from North much here in the House Chamber. For about what happened if they started a Dakota [Mr. POMEROY] and the gen- a start, I think maybe the most impor- war and nobody came, nobody fought tleman from South Dakota [Mr. tant issue as a country that we have to in the war. My fear is that the day will THUNE]. I know that I would want dis- wrestle with is to what degree is the come where we are going to have an aster relief for my constituents in Gal- United States of America today a vital election and people will not come out veston or Port Arthur or Texas City or democracy. to vote. Beaumont to be delivered as quickly as possible. Instead, my friends from the b 2100 In 1994, we had 38 percent of the peo- ple voting in the national congres- Dakotas have watched with what I can Sounds like an easy question. We sional elections. Last year, when Presi- only imagine to be a combination of have the right to vote. But, really, to dent Clinton was reelected, I believe we anger and disgust as certain factions what degree are our people involved in had about 49 percent of the people vot- within this body have played politics the political process? To what degree ing. My guess is the next national con- and political games with their aid. do people have faith and expectations gressional elections, in 1998, we will I voted against adjourning for the of the political process? have about 35 percent of the people vot- Memorial Day recess so we could re- Mr. Speaker, I would remind my col- ing, and the voter turnout will go down solve this situation. I cannot imagine leagues that just 4 years ago, in 1994, and down. how my colleagues must have felt re- the gentleman from Georgia [Mr. GING- It is up to this institution, the U.S. turning to sites of the flood devasta- RICH] and his friends took over the Congress, to stand up and try to under- tion and trying to explain the holdup. House of Representatives. We had an stand what is going on and figure out a And yet, with great empathy for the election in which 38 percent of the peo- way that we can reinvigorate democ- flood victims, I felt that I had no ple voted. Sixty-two percent of the racy. choice but to vote against the disaster American people did not vote. And in We talk a lot about education. Every- relief bill when it finally came to the that election and, today, we continue body agrees, conservatives and progres- floor. to have, by far, the lowest voter turn- sives, on the importance of education. The practice of attaching extraneous out of any industrialized nation on But if we are not talking about edu- riders to disaster relief legislation may Earth. cation for democracy, the right of peo- not be new, but as a freshman, it is the Why is that? And why do we not dis- ple to control their own future, what first time I had been forced and faced cuss this issue? Why is it that millions are we talking about? with such a dilemma. It is wrong. It of low-income people no longer partici- The second issue I briefly want to should not be done. pate in the political process, no longer touch on is the issue of the booming Some of my colleagues have said it is believe that this Congress deals with economy. Mr. Speaker, we cannot open the President playing politics. It is the issues or makes decisions which are a newspaper without hearing about House of Representatives playing poli- relevant to their lives? Why is it that how fantastic the economy is doing. tics and it is not right and should not young people, in leaps and bounds, no Some of our Wall Street friends here be done. longer pay attention to what goes on say, my God, it has never been so good. I agree with Grand Forks, ND, Mayor politically and do not believe that the We cannot imagine it getting any bet- Pat Owens, who said: ‘‘It is not fair to political process is relevant to their ter. play with our people’s lives and put lives? We do not talk about that issue, Yet, when we look at the fine print amendments on to that bill.’’ and I think it is important that we do. which appears on page 68, somewhere The Governor of South Dakota, Bill And I think the answer is twofold. beneath the sports section, we find Janklow, a Republican I might add, re- First of all, I think there is a great that the real wages last year for the fused to put his name on a letter to the deal of discontent with the two major American worker was up 3.8 percent President asking him to sign the bill. A political parties, and I think that mil- when inflation was about 3 percent. Fargo-Moorhead Forum editorial de- lions of Americans think that both po- And if we know that the low-wage scribed Janklow’s refusal as, ‘‘putting litical parties end up representing the workers got a boost because of raising the interests of flood victims ahead of wealthy and the powerful. the minimum wage and the upper in- partisan considerations.’’ Second of all, even deeper than that, come workers generally do better, I appreciate that the people of this I think there is a growing belief that what we conclude is the average mid- area understand why we have been real power does not lie within the po- dle-class worker continues to see a de- forced to vote against supplying them litical process; that it almost does not cline, a drop in his or her real wages. the aid they need and deserve. A clean matter who gets elected, which party The economy is booming, but the aver- disaster aid bill for the victims of the controls Congress or State legislatures, age American worker continues to get flooding in the Midwest is weeks over- but real power rests elsewhere. poorer. That has been going on for 20 due. It is the right thing to do. In my State of Vermont and through- years. Today, after the President’s veto, out this country we see large corpora- So I would suggest when we talk there is still no clean bill. Mr. Speaker, tions saying, well, we would like to pay about a booming economy, let us look I must ask why. People’s lives are in less in taxes within our city or within at the middle class and the working the balance. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3647 Mr. Speaker, I must also ask why we happened over the past couple of years Times this morning and read in the do not allow the extraneous provisions where we had Medicare come up first, New York Times that this so-called attached to the disaster bill to stand and how we Republicans hated our clean flood bill, where we needed $750 on their own. Are we afraid they will grandmothers and senior citizens be- million to actually fund the flood vic- not stand up to the scrutiny of the cause we wanted Medicare to increase tims, ended up being an $8.4 billion committee process? If these are good at 7.2 percent but the President and the monstrosity. ideas that will benefit the American Democrats, who loved our grand- Now, I want to know where were all people, let them stand alone. If these parents so much more than us, wanted these self-righteous people when these extraneous provisions have a broad it to increase at 7.3, 7.4 percent. emergency parking garages were being base of support among the American Today, I think we voted on the bill in put in this bill; when, according to the people, allow the Members of this body Ways and Means where it passed some- New York Times article, we threw in, to consider them on their own merits. thing like 30 to 3, a similar bill to what as ‘‘an emergency funding’’ a theater, Attaching them to a disaster relief bill so many people were attacking before. with theater renovations. And they is cowardly. Now it is flood victims. It was also went and asked the guy who owned the I will briefly address just one of these children. We hated children because we theater, is this theater really an emer- provisions. In the 104th Congress, the only wanted the School Lunch Pro- gency, and he said, well, we had a cou- House asked the Census Bureau to cut gram to go up 4 percent instead of 6 or ple of pipes that leaked last year. costs on the 2000 census. Followup 7 percent. The fact is that we have shoved, analysis of the 1990 census done by the Now we are talking about flood vic- these same people who are now scream- Bureau shows that our current method tims, talking about how we want to ing give us a clean bill were the same is resulting in an undercount. The Na- hurt the flood victims. Of course, as people, both sides, Republicans and tional Academy of Sciences has told us happened during the Government shut- Democrats, that were shoving as much a statistical technique called sampling down when the President vetoed bill stuff into this so-called emergency ap- will result in a more accurate count for after bill after bill that we sent him, propriations bill as they could. And yet the final 10 percent of Americans, those what people did not recognize was that now they come back and they whine who do not respond to the question- it was the President who was vetoing about how they need a clean bill. Well, naires. The Census Bureau tells us the the bills. It was the President who ve- that did not seem to concern them that use of this technique will save them $1 toed this bill today. much before. billion in conducting the 2000 census, So the President, of course, was Also, we shoved in money for apple almost 25 percent of their cost. The Re- handed a wonderful, wonderful issue. It orchardists. I guess they were so publicans seek to ban a technique was put in his lap. And I have to won- shocked and stunned by the visions which scientists tell us is better and der how we Republicans keep stepping they saw on TV that they were not able the counters tell us is cheaper. into it and making these mistakes, but to attend to their apple orchards. Mr. Speaker, this does not add up. we do because we actually think that Maybe that requires funding in this The fact that this is attached to a dis- we should debate on the merits instead emergency appropriations bill. aster relief bill is a red flag waving of on political points. If we read the New York Times arti- high in the sky. It is enormously sus- Which brings me to point two. The cle, we can see that these arguments picious, especially when given that a fact is that this crisis has been created few years back, the gentleman from about how they just want a clean bill is for political purposes. What we do not disingenuous. Everybody has gathered Georgia, Mr. GINGRICH, specifically re- hear is the fact that FEMA is funded, around the table and thrown all they quested sampling to be used in his own at least through this month. And we State. could on there. also saw in an AP report about a Finally, we should talk about what Mr. Speaker, one side of this debate month ago, when this debate first has been up front with the victims of this issue is all about. It is about a started coming up before the Memorial this flood and one side has made them continuing resolution issue, where we Day break, when the President needed pawns in a political game. The Fargo- wanted to avoid letting the President an issue, what he did, because the Moorhead Forum newspaper concluded do what he did before, vetoing appro- agencies were funded through this time on Sunday morning and I quote again: priation bill after appropriation bill, period, he actually pushed up, he for- ‘‘Republican leaders in Congress con- and then coming out and going I will ward-funded, according to the AP arti- tinue to play outrageous political not let the Republicans do this, that, cles, requirements so he could say, gee, games with the lives and futures of Red or the other. these people are not getting their River Valley flood victims.’’ b 2115 How true and how sad it is. money. A clean disaster relief bill is the So the President pushed the dates up Again, it is disingenuous. This CR is right thing to do. Mr. Speaker, let us for funding so he could create a politi- the only way we ensure that we con- get it done. cal crisis, and that is what he did. And tinue funding FEMA and other agen- f so now the President can get out and cies at 100 percent without the Presi- once again be compassionate and be dent vetoing these bills time in and WHAT IS A PERCEPTION’S the one that loves flood victims when time out, without using flood victims REALITY? Republicans supposedly hate flood vic- for political purposes. The SPEAKER pro tempore. Under a tims. I say, let us get to the facts of the previous order of the House, the gen- So let us keep a list now. It is senior matter and let us stop using the flood tleman from Florida [Mr. citizens, it is young children and it is victims as political pawns. SCARBOROUGH] is recognized for 5 min- flood victims. I guess the Democrats f utes. believe a sucker is born every day. Mr. SCARBOROUGH. Mr. Speaker, I I can tell my colleagues that I con- DISASTER ASSISTANCE BILL have been listening to this debate on stantly have hurricane victims in my The SPEAKER pro tempore. Under a TV and decided to come over and get district. I understand how this situa- previous order of the House, the gen- involved a little bit. I heard the tion works, and certainly I feel com- tleman from Minnesota [Mr. MINGE] is Beatles’ name brought up earlier, and passion for the people that have been recognized for 5 minutes. listening to this debate, I am reminded suffering this crisis. (Mr. MINGE asked and was given per- of another Beatles’ line out of Straw- In another area that, again, maybe mission to revise and extend his re- berry Fields Forever. ‘‘They say living nothing is real, or maybe as Henry Kis- marks.) is easy with eyes closed; misunder- singer says, ‘‘In politics, what is a per- Mr. MINGE. Mr. Speaker, I represent standing all you see.’’ And then of ception’s reality,’’ we keep hearing the Second District of Minnesota. It is course the hook is all about how noth- people say just give us a clean bill, just a district that contains almost the en- ing is real in Strawberry Fields. let us fund the flood victims, that is all tire length of Minnesota River. Min- Well, nothing is real in this debate we really need, when, in reality, if nesota River flows through a broad val- either. It reminds me so much of what somebody would pick up the New York ley. I think for many, it is known as H3648 CONGRESSIONAL RECORD — HOUSE June 10, 1997 the Valley of the Jolly Green Giant. It passed separately would not be accept- who have been ravaged by rains and is very productive, it is lush, and it is ed by the President were being flood and who are at risk and what this noted for the table vegetables that shoehorned into the disaster assistance Nation wants to help. Everybody be- have been grown there over the past bill in hopes that the President could lieves this bill ought to pass and it several decades. be brow beaten or embarrassed into ought to pass quickly. In the valley there is a narrow river signing them. But lest my colleagues or anybody that winds back and forth and oxbows Well, we know what happened. The else be confused that this is the regular and normally is very placid. But occa- President vetoed the legislation. I am course of business, let me reflect a lit- sionally it becomes a raging torrent. In not here this evening to say that we tle bit on history. It took just 15 days 1997, this river carried more water than have to point fingers at the leadership to provide the assistance that Presi- it ever has since the area was settled, in the House and the Senate or criti- dent Bush asked this Congress to give over 100 years ago. The record water cize the President. The fact of the mat- for the victims of Hurricane Andrew. levels resulted in flooding in numerous ter is, all of us knew that this legisla- We are now in the 83rd day. communities, starting in Ortonville at tion as it left Congress was on a colli- It was not that President Bush and the head of the river as it flows out of sion course with the White House. the Congress, then led by Democrats, Big Stone Lake, required the evacu- It is very difficult for me to tell peo- controlled by Democrats, agreed on ev- ation of the community of Odessa. ple at home that the political process erything. That was not the case. But Tributaries flooded in Appleton, Daw- is consumed with politics and that we what President Bush and the Demo- son, MN. Montevideo, MN, my home cannot deliver the type of assistance cratic Congress did agree on was that community, was on the evening news that has become a consensus package it was our responsibility to pass that for the first time in the history of the for disaster assistance. It is awfully emergency relief in a timely fashion, 15 community repeatedly because of the difficult for me to explain to people days, as opposed to the 83 days that efforts of the volunteers to try to stop why it is that controversial riders have this bill has languished in this Con- the damage by sandbagging, building to be attached to this legislation. I gress. dikes. cannot explain it. I voted for it. I want- And why does this bill languish? Why Their efforts were successful except ed to see it passed. But it was unac- does a bill that everybody said should for one neighborhood which could not ceptable. pass and must pass not pass? It is, Mr. be saved and could not be diked. Down- The previous speaker said the money Speaker, because the leadership of this stream, Granite Falls built dikes. It is in the pipeline. Do not worry. I House and the leadership of the Senate was largely spared the ravages of the would just like to briefly point out has determined that they want to stare flood. North Redwood Falls was af- that although FEMA is well funded, down the President, that they want to muscle the President, that they want fected, however, and a few homes in the the community development block to leverage the President, and they community known as New Ulm. This grant program for relocation assist- have taken hostage the victims of the was all damage that was done, but for- ance is hanging in abeyance. People in floods of these past months in order to tunately we were spared the ravages of businesses do not know what level of accomplish that objective. the communities on the Red River of relocation assistance will be available, My colleagues have heard the issues the North. whether it will be available. Precious discussed. There are two principal People in my area felt quite fortu- construction days are slipping by. ones. One is called a continuing resolu- nate, by comparison. The communities Similarly, the livestock indemnity tion and it is put forth by the Repub- pulled together. Thousands of volun- program is in limbo and a number of licans in this House and in the Senate teers came from neighboring towns other programs are simply not being as an effort to prevent government from the urban areas, and a real spirit addressed. I would like to urge, I im- shutdown. of cooperation and goodwill prevailed. I plore the leadership of Congress to Mr. Speaker, I represent 56,000 Fed- can tell you that partisanship was cer- promptly send to the President a clean eral employees. I am for preventing tainly absent in this undertaking. bill so that we can provide the assist- government shutdown. In point of fact, The people also were impressed with ance that has been long promised and it was in the last Congress for the first the activities of the Federal Emer- is badly needed by the victims of this time since I have been serving since gency Management Agency, or FEMA, flooding in the upper Midwest. 1981 that we consciously and purpose- and the Army Corps of Engineers, both f fully shut down the Government. of which had a very substantial pres- The Republican leadership said in ence, and the National Guard troops EMERGENCY RELIEF SUPPLEMENTAL April of 1995 they were going to do that were mobilized and came in. I held that. They reiterated that in July of a series of informational meetings on The SPEAKER pro tempore. Under a 1995. And sure enough, on November 19, the disaster programs that were being previous order of the House, the gen- 1995, they shut down the Government, established, the ones that were in tleman from Maryland [Mr. HOYER] is looked the President in the eye, and place. The FEMA officials, the Army recognized for 5 minutes. said, if you do not do it my way, we Corps of Engineers, the State agencies, Mr. HOYER. Mr. Speaker, I appre- will do it no way. U.S. Department of Agriculture agen- ciate the opportunity to address the That is not what the people sent us cies all came and participated in these House and particularly to respond to here to do. They sent us here to work meetings. the gentleman from Florida [Mr. together. The fact of the matter is that It appeared that we would have a dis- SCARBOROUGH], who spoke and who when we did work together, we passed aster assistance program that would since left. appropriation bills and we opened the both be effective in addressing the Mr. SCARBOROUGH made the point Government after 2 long shutdowns needs of the communities and the resi- that Republicans, he said, were per- consciously planned by the Republican dents and would be promptly available. ceived as not liking children, not lik- majority to force the President to do Unfortunately, as the days wore on, it ing senior citizens, and now not liking something that he said he was not also emerged that partisanship would flood victims. I do not know whether going to do. That never happened when be a part of the picture. that is the case. Maybe that is his feel- the Republicans were in control in the In an effort to pass legislation that ing and his concern. He also observed 1980s and the first 2 years of the 1990s the leadership in this body and the that both sides of the House have added and Democrats controlled this Con- other side of the building knew would things to emergency relief bills in the gress. be unacceptable to the President, they past and cited a New York Times arti- Were there differences? Yes. Did the begin to beat the drums about how im- cle, which I have not read but which I Democrats try to get advantage on the portant certain riders were. And unfor- know to be true. Republican President? Yes. But did tunately, I concluded that what was That is the case. There is always the there come a time when they said that happening is that this disaster assist- time when a bill that should pass and they would not move, that they would ance bill was being hijacked for other most of us believe must pass and be be immovable in the face of presi- purposes. Proposals that could not be signed, in this case the belief for those dential opposition? The answer is no. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3649 When President Clinton asked for re- year, is putting extremist ideology and ANNOUNCEMENT BY THE SPEAKER lief for the Midwest floods just in the partisan political maneuvering ahead PRO TEMPORE last Congress, it just took us 29 days, of the relief for these needy people. In- The SPEAKER pro tempore (Mr. BOB less than one half of the time that this stead of giving these families the need- SCHAFFER of Colorado). The Chair must bill has languished in this House and in ed relief that they so very much de- remind all Members that under the the Senate. The other issue that the serve, they are holding the disaster re- rules and precedents of the House, it is Republicans talk about as being a must lief bill hostage by trying to attach not in order to cast reflections on the add to the emergency relief for flood highly partisan legislative riders that Senate or its Members individually or victims is this sampling issue. It is all have nothing to do with disaster relief. collectively. about politics, because Republicans They know that these highly partisan f have been quoted as saying, ‘‘If we extremist Republican riders would allow sampling and the count that will never pass the Congress if voted on sep- NAFTA IS A FAILURE result, we will find poor people, we will arately. So what did they do? In very The SPEAKER pro tempore. Under find minorities, and we are afraid that cynical judgment, the Republican lead- the Speaker’s announced policy of Jan- they will vote for Democrats and that ership decided to tack these partisan uary 7, 1997, the gentleman from Illi- will be to our political disadvantage.’’ riders onto a disaster relief bill, saying nois [Mr. LIPINSKI] is recognized for 60 So the Speaker of the House, who in their own political calculus, well, minutes as the designee of the minor- two years ago said that he thought maybe we will embarrass the President ity leader. sampling made sense and ought to be of the United States into vetoing this, Mr. LIPINSKI. Mr. Speaker, I come pursued has changed his position. And or maybe he will be so embarrassed he to the floor tonight deeply concerned, who suffers? The victims of the rain will not veto it and then we will get deeply concerned about our failed trade and the floods are held hostage as this these partisan goodies for us, the Re- policies, deeply concerned about the political dispute is engaged. publican party. plight of American workers, deeply Mr. Speaker, a number of us have They underestimated President Clin- concerned about the future of America. risen on this floor tonight, a number of ton who said loudly and clearly that he Four years ago in this Chamber we us are rising throughout this city and would not be put in the position of hav- had a long, long debate on NAFTA. talking to the press, talking to the ing the Republican majority hold these NAFTA proponents pushed hard for its public, and talking, yes, to our col- victims hostage and let them get away passage. They promised that NAFTA leagues. We have a budget agreement. with it. The Republican majority would create 200,000 American jobs. We sat down and for 5 months worked would have to put forth a clean disas- They warned that NAFTA was critical out a very tough problem. I supported ter relief bill. Otherwise, he would not to the American economy and that it. That is the proper process, not to sign it. If they want a debate on these American jobs depended on its passage. After 40 months under NAFTA, we hold hostage, either Government em- other partisan issues, fine, let us de- can clearly see that the reality is vast- ployees or flood victims or some other bate them in the Congress. If they are right, we will pass them. If they de- ly different. The reality is that NAFTA group and say, we will hold their relief worsened our trade balance with Mex- in abeyance if they do not agree with serve support, we will support them. Last week, the Republican Senate ico and Canada. Since NAFTA went us. into effect, our $10 billion deficit with Yes, Mr. Speaker, we urge the leader- majority leader is reported to have said that he would happily provide more Canada turned into a larger $23 billion ship of this House and the Senate to deficit. Our $1.7 billion surplus with bring to this floor a clean, continuing trailers for these disaster victims to stay in while they, the Republicans, Mexico slid into a $16 billion deficit. resolution, relief for flood victims, sup- Our growing trade deficits with Mexico port for our troops in Bosnia and try to wear down the President to get their legislative goodies. If such re- and Canada mean that we are buying around the world. Pass that, the Presi- more than we are selling. It means that dent will sign it. We can pass it by 12 ports are true and those remarks were in fact uttered, they are morally rep- American jobs are being lost. noon tomorrow and the President will The reality is that 90 percent of the rehensible. Such a position is unfair to sign it by tomorrow afternoon. That is companies that promised to create jobs these needy American families. Thou- what we ought to do. Let us be about have not. Allied Signal, General Elec- sands of American citizens are home- the business of giving relief to the vic- tric, Johnson and Johnson, Mattel, less. They just lost all of their worldly tims of these floods. Procter & Gamble, Zenith and Exxon. f possessions and are sleeping in shel- The list goes on and on and on. They ters. They await Federal disaster relief promised NAFTA would create Amer- REPUBLICANS PLAY POLITICS funds to finance the rebuilding of their WITH DISASTER RELIEF BILL ican jobs. In a sense, they signed a homes and their cities and helping each promissory note to all the working The SPEAKER pro tempore. Under a other in times of need. Is that not the men and women of America. The note previous order of the House, the gen- essence of what it means to be an was a promise that working Americans tleman from New Jersey [Mr. ROTH- American, being part of the American would be better off with NAFTA. MAN] is recognized for 5 minutes. community? It is obvious today that these multi- Mr. ROTHMAN. Mr. Speaker, what If the Republicans really believe that national corporations have defaulted would my colleagues think of someone their highly partisan political riders on this promissory note. NAFTA is a who stood by watching while a neigh- are worthy of support, they should re- complete and utter failure for working bor’s house was burning down? What if move them from the disaster relief bill Americans. that person refused to call the fire de- and have the Congress take them up Four years ago, in 1993, we all heard partment for help unless he or she got separately once the disaster bill, the the mantra of 200,000 jobs over and over something in return? We would not clean disaster relief bill, has been again. Guess what? It is now 1997 and think much of that person. passed by the House tomorrow. Then we have lost an estimated 400,000 jobs. we will take up whatever riders they b 2130 This is a net loss. It is a staggering want. sum. Bear in mind that this is not just Yet that is exactly what the Repub- I urge my colleagues and my friends another number. There are real people lican majority in Congress is doing on the other side of the aisle to tell behind the statistics, real people with with the flood victims in North Dakota their leadership, the leadership of the real families and real problems. as well as the victims in 35 other Republican party, to stop playing poli- In their blind devotion to free trade, States. tics with the lives of these thousands NAFTA proponents lost all contact The President of the United States and thousands of disaster victims. Put with reality, and in so doing sacrificed and many of us in Congress have been forth a clean disaster relief bill. We 400,000 American jobs at the altar of trying to pass a $5.5 billion disaster re- will pass it in Congress. Our President free trade. lief bill for these families. But the Re- will sign it. And let us help these peo- Some folks want to expand NAFTA publican majority, much like they did ple. Then we will take up your political to Chile and other Latin American na- with the government shutdown last stuff. tions. I am absolutely shocked. Can H3650 CONGRESSIONAL RECORD — HOUSE June 10, 1997 they not see what they have already we must make the world market our Mr. Speaker, NAFTA is a failure. It done? It is plain to see that NAFTA has market. We must make it work for all failed because it put profits before peo- failed. Yet these blind free trade advo- Americans, not just the multinational ple, multinational corporations before cates want to extend it to other na- corporations who care only about the families. It failed because NAFTA does tions. How many more American jobs bottom line. We must make it work for not adequately address industrial rela- do we have to lose before these people the plumber in Chicago, the fisherman tions, the right to strike, the right to come to their senses? NAFTA is a bro- in Maine, the assembly worker in De- organize and the right to freely associ- ken trade agreement. It is an agree- troit and the taxicab driver in D.C. ate. It is clear that Mexican workers do ment that just does not work. Let us rebuild the American dream not enjoy the same level of labor rights If we continue to use this framework for working men and women. Let us as we do here in America. for future relationships with Chile and begin by establishing free and fair To make a bad situation worse, their other Latin American countries, it will trade relationships with foreign na- wages are essentially capped under an make a lousy situation even worse. The tions and ensure they play by the same agreement known as el pacto, and a working men and women of America rules as we do, rules that cover labor, large number of owners also privately have suffered enough. environmental and human rights issues set minimum and maximum wages so Mr. Speaker, I am thinking today of that must be included in core trade that they do not compete for workers the working men and women of Amer- agreements, not as an afterthought. on this basis. ica, men and women who are proud to We must treat these issues as impor- All of these factors combine to create give a fair day’s work for a fair day’s tantly as businesses treat intellectual a downward pressure on wages in Mex- pay, men and women who work hard to property rights and rule of law. We ico. Since NAFTA began, the wages put food on the table and clothes on must level the playing field and get and living conditions of Mexican work- the backs of their children, men and away from the ‘‘gold is God’’ mentality ers have not improved. In fact, the women who struggle to make their that some folks cling to so fervently. exact opposite has occurred. They have mortgage payments, men and women Let us put people before profit. What declined. The percentage of Mexicans who work longer hours for less. I am happens to the American middle class considered extremely poor rose from 31 thinking today of the people who make happens to America. Let us do all we percent in 1993 to 50 percent in 1996. up America. I am talking about Main can to make sure that the working Real manufacturing wages have de- Street, not Wall Street. I am talking men and women of this country can clined 25 percent since NAFTA went about people who care about Medicare, live out the American dream. into effect. Environmental conditions Social Security, crime and education, As I mentioned earlier, there are pro- have deteriorated. Instead of moving not leveraged buyouts, not corporate posals now to expand NAFTA to other into the 21st century, they are sliding takeovers, and not stock splits. countries, such as Chile. To do that, back to the dark ages. I am talking about people who put in they will need Congress to grant the The unfortunate end result of all this a full day’s work, attend PTA meet- administration the authority to nego- is that Mexican workers are viewed ings, go to church, work a second job, tiate trade agreements and submit simply as a source of cheap labor by and still see their family incomes fall, them to Congress under expedited pro- multinational corporations, which cre- while CEOs sit in their boardrooms and cedures for an up-or-down vote. ates a serious problem for us in Amer- watch stock quotes with the knowledge Article 1, section 8 of our Constitu- ica. With a large pool of cheap labor a that they will get their raises anyway. tion vests Congress with an extremely short distance away, multinational I grow tired of hearing empty prom- important responsibility, and that is corporations have a great deal of free- ises, lofty oratory and abstract eco- the responsibility to regulate com- dom and incentive to move manufac- nomic theory. I want to see results. I merce with foreign nations. It is our turing facilities to Mexico, and fewer want to see the jobs they promised us. responsibility to the American people environmental regulations there means Instead, I see the 400,000 American jobs as well as to the people of the world to even more money saved. Moving pro- that were lost. Instead, I see a trade enter into fair, responsible trade agree- duction to Mexico results in low over- surplus slide into a huge trade deficit. ments that respect labor, the environ- head which means higher profits for Instead, I see broken promises. ment and human rights. corporations. Unfortunately, for us the bottom line Proponents of free trade argue that Here is a case in point. During the is that these huge multinational cor- placing such restrictions on trade is NAFTA debate in 1993, Zenith Elec- porations focus only on the account- counterproductive. The rallying cry of tronics Corp. denied the report that ants’ bottom line. To them American laissez faire economists may be tempt- they would transfer all of their produc- workers are an afterthought. I see a ing to the ignorant and the blind, but tion facilities to Mexico as a result of mentality where gold is God today, and not to those who remember and under- NAFTA. On the contrary, Zenith said that deeply concerns me. stand our history. NAFTA offers the prospect of more Mr. Speaker, when I graduated from Let us not forget the numerous social jobs at the company’s Melrose Park, IL high school in 1956, the world was a upheavals, economic crashes and de- facility. Needless to say, Zenith an- much different place. Thanks to the pressions that the U.S. has experi- nounced late last year that it was lay- policies of FDR and the efforts of the enced. Let us not forget the lessons ing off 800 of its 3,000 workers at the organized labor movement, there was a learned through those times that gov- Melrose Park facility. burgeoning middle class in America. ernment regulation has played a vital Not only are companies moving their The New Deal especially brought a and necessary role in the free market. facilities to Mexico, leaving hundreds higher standard of living to American Do we so quickly forget that it was be- of thousands of hard-working Ameri- working men and women. Jobs were cause of government intervention that cans in their wake, it is now common- plentiful, workers were treated well the social abuses of the late 19th and place for them to use it as a threat. and people were happy and optimistic early 20th century were ended, child They use it as a scare tactic in order to about the future. The American dream labor, sweatshops, substarvation labor undermine the efforts of workers to im- was alive and well. wages, widespread pollution and atro- prove their wages, benefits and work- Nowadays the average American cious working conditions? ing conditions through collective bar- worker changes jobs several times dur- gaining. b ing the course of a lifetime. Jobs are 2145 A recent Cornell University study scarce and people are insecure about Thanks to the government and labor found that a significant number of the future. Pessimism and cynicism unions, we were able to stamp these companies threatened to move work to rule the day. Things have really abuses out. Mexico as part of their efforts to in- changed in the last 4 decades. Where Some folks have been misled into timidate workers who want to has the American dream gone? thinking that government regulations unionize. I find it morally reprehen- I understand that the world has must be bad. History is supposed to sible to resort to such tactics. It under- evolved. It is a world economy now, provide us with valuable lessons. How mines the legal right of American and we cannot shy away from that. But quickly some forget. workers who want to form unions. It June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3651 undermines the basic right of Amer- all of this great boom, what is going on are working far longer hours than they ican workers who want to provide a for the average working person? Well, I have to, than they were 20 years ago. better living for themselves and their do not hear this too much. Yes, we So you are seeing people working two families. know recently, we read recently, that jobs, three jobs, over time, women who Proponents of NAFTA touted it as a the CEO’s of major corporations are would prefer to be home with their kids win, win, win situation. It sure has now earning over 200 times what their being forced to work in order to pay been a win, win, win situation. It is a workers are making, so we can see for the bills. win for big business in Mexico, it is a the CEO’s, the chief executive officers Where is the boom for the middle win for big business in America, it is a of major corporations, things are class or the working class of this coun- win for big business in Canada. It is the booming. That is true. try? It is not there. And one of the rea- working families who lose. And we also read recently that com- sons, as you so aptly pointed out in Mr. Speaker, this is an important pensation for the CEO’s last year was your remarks, is the disastrous and and complex issue. As the world econ- 54 percent higher than the previous failing trade policy which this country omy becomes increasingly interwoven year. We concede that too. If you are a is currently experiencing. And in my and trade continues to grow as an im- CEO of a major corporation, I guess the opinion it is not just NAFTA, it is portant part of our national economy, economy is booming. GATT, it is Most Favored Nation sta- we must ensure that we enter into But when you read through the fine tus with China, it is the huge trade def- trade agreements that are fair and eq- print, you find that for the average icit that we have. uitable to the American worker. We American worker last year, wages went And as I think you indicated, the must evaluate trade relationships from up on average by about 3.8 percent. In- issue is not too complicated. If an this perspective. As such, we have got flation is about 3 percent. And we know American company is forced to choose to take a long hard look at NAFTA and that low-wage workers got a bit of a between paying an American worker a what it has done to the working men boost because we raised the minimum living wage of $10 or $15 an hour provid- and women of America. We must think wage a little bit. We know that the ing decent benefits, having to protect about granting fast track authority to higher income workers generally do the environment, or run to Mexico the administration and what it will better than the middle-class workers. where you can get a good worker there mean for the American middle class. So you add it all together, and what for 70 or 80 cents an hour, you do not We should closely examine the argu- you discover is that in the midst of have to worry about the environment, ments for the expansion of NAFTA to this great boom the standard of living you do not have to worry about unions, Chile and other Latin American na- of the average middle-class worker what choice is that employer going to tions. continues to decline, and if the stand- make? And the evidence is pretty clear, As the gentleman from Michigan, ard of living of working-class people the choice that that employer made, DAVID BONIOR, noted, there are more declines today in the midst of a boom, which is why we have lost hundreds of people in this Congress who voted I wonder very much what will happen thousands of jobs. against NAFTA 4 years ago than voted when our boom ends, as it is sure to So I would just say as we begin our for it, and many of those who voted for end. discussion here, I know in my State of it say they would never vote for it I am also concerned that in the midst Vermont, and I suspect throughout the again. The evidence against NAFTA is of all of this so-called boom, the United country, there may be a boom, but it growing, and it is becoming just too States continues to have, by far, not certainly is not applying to the middle hard for folks to ignore. even close, the most unfair distribution class or the working families of my Mr. Speaker, I would now like to of wealth and income in the industri- State. yield to the gentleman from Vermont alized world. We do not talk about that Mr. LIPINSKI. I appreciate the gen- [Mr. SANDERS] who is going to engage too much; we do not see this too much tleman’s remarks, and I want to say me in a colloquy about NAFTA trade on the corporate media’s television sta- that we do not necessarily agree with and numerous other issues that affect tions or in the newspapers, but the everything that this man had to say, the American working man and facts are pretty clear. The wealthiest 1 but for me one of the highlights of the woman. Mr. SANDERS. percent of the population now owns last presidential election was when Pat Mr. SANDERS. Mr. Speaker, I ap- over 40 percent of the wealth of Amer- Buchanan was running, and he was run- plaud the gentleman’s remarks, and I ica, and the richest 1 percent owns ning on the issue of insecurity, the eco- especially congratulate him for focus- more wealth than the bottom 90 per- nomic insecurity of the American mid- ing his thoughts on what is happening cent, and we have the greatest gap be- dle class, the American working class. to ordinary working people rather than tween the rich and poor of any other He spoke about it a great deal, he ar- just the very wealthy and the very country in the industrialized world. ticulated it very well, and he forced powerful. What kind of boom is that? We know President Clinton and Senator Dole to One of the aspects of modern life that during the last 20 years, while we talk about it also. And I think they got which concerns me very much is that have seen a significant increase in mil- wide dissemination; a lot of the media when we turn on the television or we lionaires and billionaires, 80 percent of picked up on it. Unfortunately, when read the newspapers, as you well know all American families have seen either he went out of the race, President Clin- we hear about the booming economy; a decline in their net income or, at ton stopped talking about it, Senator do we not? We hear about how some best, economic stagnation. In fact, ad- Dole stopped talking about it, and the Wall Street folks tell us that the econ- justed for inflation, the average pay of issue has just drifted away. omy has literally never been better in four-fifths of American workers plum- And I say to you, you know, I do not our lifetimes, and they wonder just meted 16 percent in 20 years. Twenty understand why the issue drifted away. how long it will continue to be so good. years ago in the United States of It is the most significant, important And then I go back to the State of America, as you well know, the United issue facing this Nation today. Vermont, and I talk to working people States led the world in terms of the I said that when international com- from one end of the State to the other, wages and benefits we provided our munism ceased to exist, the Cold War and I say to them tell me about the workers. We were number one. And was over and we were in an economic booming economy. And what they say now in the midst of the great boom, we war. And by that, I meant a war to im- is, BERNIE, I am working two jobs or are down to 13th place. prove the standard of living of the three jobs, and my wife is out working In Germany, for example, manufac- American working and middle class, long hours just to pay the bills. So we turing workers there earn over 25 per- and to me, I believe we are losing that do not have too much time to consider cent of what manufacturing workers in war, we are losing it more each and the booming economy. We are just the United States earn. In 1973 the av- every day, each and every week, each working hard to keep our heads above erage American worker earned $445 a and every month, and no one in this water. week. Twenty years later, with infla- Nation, other than a very few voices, And the reality is, according to the tion adjusted dollars, that same worker seem to have anything to say about it. official statistics, that in the midst of was making $373 a week. People today What is your opinion on that? H3652 CONGRESSIONAL RECORD — HOUSE June 10, 1997 Mr. SANDERS. I think you raise a So I would argue that one of the rea- over the politics of what goes on, it is very, very important point, and I tell sons that the American people are not no great secret. you that it is a very—the theme that seeing the pain of their lives being re- I mean as the gentleman well knows, you are talking about suggests to me flected in the media is that the media we hear a whole lot of discussion about very frightening and dangerous times, is owned by very large multinational the influence of big labor on the politi- and this is why. corporations, many of whom are taking cal process, the gentleman is aware The average worker reads in the our jobs to Mexico and China, and the that corporate America puts in seven paper that the economy is booming; media would rather, what is the word, times more money than labor does. right? That things are going well? And obfuscate, perhaps, rather give us a lot Mr. LIPINSKI. Absolutely. he says to himself or herself: What is of entertainment and game shows and Mr. SANDERS. Mr. Speaker, the gen- the matter with me? Everybody must soap operas rather than discuss with tleman is aware that when we talk be doing well except me. My wages the American people the important is- about NAFTA or MFN with China that have gone down, I do not have health sues, and that would be one reflection there is a massive lobbying effort going care, I cannot afford to send my kids to I would have on the gentleman’s ques- on by corporate America trying to in- college, I am working longer hours, and tion. fluence the Members of this body. They I do not see it on the paper. So it must Mr. LIPINSKI. Mr. Speaker, that cer- will put ads in newspapers throughout be me; right? I must be the only person tainly is a very interesting reflection. I this country telling everybody how in America who is suffering economi- will have to take that under consider- good these trade policies are. Whether cally. ation and I will certainly do that, and or not the two-party system can give And as you indicate, of course, it is perhaps I will come to the same conclu- birth to a candidate who is prepared to the vast majority of the people who are sion that the gentleman has come to. take on these moneyed interests I hurting. But I want to say that I admire the frankly have my doubts. Now you raised the question: Why is fact that the my colleague the gen- But one of the things that does con- it not talked about? tleman from Vermont [Mr. SANDERS] cern me is that what does go on here in b 2200 and the gentleman from Michigan Mr. this body is, instead of addressing the Well, let me offer the gentleman a BONIOR] and the gentleman from Or- real issue of the fact that in many suggestion on another issue equally egon [Mr. DEFAZIO] and the gentle- ways this Nation is becoming an oli- important that we also do not discuss. woman from Ohio [Ms. KAPTUR] and garchy dominated by a relatively few Where do we get our information from? the gentleman from New York [Mr. large corporations and wealthy individ- Mr. LIPINSKI. From the news media. OWENS] and a number of other people uals, instead of recognizing that re- Mr. SANDERS. Yes, we turn on the come down here on Tuesday night and ality and trying to deal with it and de- television. Let us look at that for a try to get this message out to the velop policies which address that prob- moment. Who owns NBC? Well, General American people. I think it is a won- lem, what we see is a lot of Electric Corp., one of the largest cor- derful effort and I applaud my col- scapegoating. What we see is black porations in America. The gentleman leagues for it. I am very happy to par- being played off against white, native mentioned them, among others. ticipate with the gentleman from Ver- versus immigrant, gay versus straight, Mr. LIPINSKI. Yes, I did. mont [Mr. SANDERS] tonight in that ef- everybody against everybody, rather Mr. SANDERS. General Electric is fort. than figuring out how we can come to- one of the companies who is busy run- But I have to say to the gentleman in gether as a people to try to address the ning to Mexico, I think they have been all candor, we need to get a much big- difficult problems that the gentleman investing in China, they have laid off ger microphone. We have to have these articulated about the global economy, significant numbers of workers. They conversations amplified significantly, I can we create, with all of this new come before this body every day trying believe, in order to have any real im- technology, every day we hear about to figure out a way not to have to pay pact on this Nation. I believe that we the information highway, right, how taxes, leading the efforts against orga- have to find ourselves a presidential important the computers are. nized labor. candidate who is willing to articulate Well, if all of that stuff is so valu- Well, great shock of all shocks. NBC the issue about economic insecurity in able, as I expect that it is, why are we does not have a feature on the decline this Nation, because I do not think not seeing increased wealth going to of the middle class. They do not talk there is any other way we can once the middle class and the working class? about it too much. O.J. Simpson, we again get this issue back to the front Why are we not seeing people working can get thousands of hours. Every air- burner, make the American people fewer hours rather than longer hours? plane crash that ever happened, we can aware of the fact that we know what Why are we not seeing more people see the great visuals. But the fact that their problem is. covered by health insurance rather the average American worker has seen There are some people willing to than fewer? Why do we have by far the a decline in their standard of living, jump into this battle and try to aid and highest rate of childhood poverty in struggling just to keep their heads assist them, but I think the only way the industrialized world? Why are we in above water, somehow that story, gee, we get them motivated, mobilized, is the process right now, as some would they just did not get it. by having someone running for Presi- have us, cutting Medicare by $115 bil- Well, what about ABC? We flip the dent in this Nation who is going to ar- lion, lowering the quality of health dial and maybe ABC will give us the ticulate that issue. care for our senior citizens? story. But who owns ABC? Why, that is I ask the gentleman his opinion on So the issue becomes how do we come the Disney Co. The Disney Co. is busy that. together as a people, black and white, running to China, they are in Haiti, Mr. SANDERS. Mr. Speaker, I think immigrant and native born, woman and they are paying people in those coun- that would be of enormous importance, men, gay and straight, all of us come tries pennies an hour to produce prod- and I think as the gentleman knows, I together and say how do we create de- ucts that come back into America. I do am an Independent. cent jobs for our people rather than not recall seeing too many features on Mr. LIPINSKI. And I am not asking seeing jobs going to China where work- their station about the trade issue, or the gentleman to support anyone here ers are being paid 20 cents an hour? about the exploitation of Haitian or tonight. How do we use technology to lower the Chinese workers. I do not recall that. Mr. SANDERS. Mr. Speaker, one of workweek rather than to put American Maybe we will go to CBS, we will get the reasons that I am an Independent workers out of their jobs? a better story. Well, I guess not. That is that I feel that to a large degree, We are not doing that. We are not ad- station is owned by Westinghouse, or both political parties are dominated by dressing that. I think the reason is maybe we will go to the Fox network big money interests and it would be that we need to begin to come up with that is owned by that strong, progres- very hard for that candidate who is some of the answers to those questions sive Rupert Murdoch worth many bil- prepared to stand up to the large mul- by challenging big money interests and lions of dollars. No, I do not think we tinational corporations who have so to a large degree, and my feeling is in will see it there either. much influence over our economy and this body it is almost an issue people June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3653 feel uncomfortable talking about. We Unfortunately, that is not the case this instance CEQ appears to have to- are just not allowed to talk about the now. The people have the money, have tally abandoned NEPA’s threshold re- power of the wealthy. enormous power and enormous influ- quirements. As the administration Mr. LIPINSKI. Mr. Speaker, that ence over this institution. What I knows very well, an environmental im- seems to be the case. A lot of people would hope is that in the towns and pact statement, an EIS, is required any are very uncomfortable talking about cities all over this country, people time a major Federal action signifi- it. I am a capitalist. I believe in the begin, must begin to get involved in cantly affecting the quality of the free market system. But I also believe the political process, must study the human environment is contemplated. that an economy should be run for the issues. What is our trade policy? Is it When CEQ proposes to control our Na- benefit of the overwhelming majority working? Is it not working? Why is it tion’s waters, this, Mr. Speaker, is a of the members of that society, and that we have such an unfair distribu- significant action. Yet, to my knowl- that really should be the principle that tion of wealth? What about our tax sys- edge, CEQ has not even bothered to ad- guides us in all the legislation we put tem? Does it favor the corporations dress NEPA’s threshold question. forth here, in the other body, in legis- and the wealthy, or the middle class Where is the environmental assess- lation that the President signs into and working families? ment? How about an EIS, or, at the law. Do what is best for the over- I would hope that ordinary people very least, the very barest recognition whelming majority of the American begin to study the issues, get involved under NEPA of finding of no significant citizens economically and in every in the issues, and play a much more ac- impact? other way. tive role in the political process, be- b 2215 It may sound very simplistic, and cause God only knows, we certainly perhaps it really is. But that is the way need their strength and their energy in But nothing from the administration. the country should be governed; that is order to influence what goes on here. Mr. Speaker, what CEQ has given us is the way the legislation should come I thank the gentleman very much for a mere 3-week public comment period, forward. Unfortunately, the longer I allowing me to join him in this special the May 19 date of publication to the am here, the less and less I believe that order. June 9 closing of the public comment, is happening. Mr. LIPINSKI. Mr. Speaker, I appre- with no NEPA documentation. So I would say to the gentleman, I ciate the gentleman joining me to- The Administrative Procedures Act, would like the gentleman to conclude night. the APA, applicable to any agency ac- if you have any concluding remarks. I f tion, requires a minimum of 30 days’ am finished for the evening. I hope to public comment period. In general, un- be back next Tuesday, but does the AMERICAN HERITAGE RIVERS less there is an emergency, NEPA’s en- gentleman have anything to say in INITIATIVE vironmental impact statement requires conclusion? The SPEAKER pro tempore. Under a 90-day public comment period. Yet, Mr. SANDERS. Mr. Speaker, I would the Speaker’s announced policy of Jan- here CEQ blatantly violates its own just certainly agree with the gen- uary 7, 1997, the gentlewoman from rules and the rules and requirements of tleman that clearly the task of Con- Idaho [Mrs. CHENOWETH] is recognized the Administrative Procedures Act and gress is to represent the vast majority for 60 minutes as the designee of the offers a mere 3-week comment period. of the people and not just the very few majority leader. I am not aware of an emergency. Why who are wealthy and powerful. But I Mrs. CHENOWETH. Mr. Speaker, I the rush? This violates the Administra- think that that is very often not the am here tonight to talk about the tive Procedures Act and totally ignores case. White House and its Council on Envi- the National Environmental Policy Let me just point out one example of ronmental Quality’s latest flight from Act. Fortunately, Mr. Speaker, the that in terms of tax policy. In fact, we democracy, embodied in the so-called gentleman from Alaska [Mr. DON are debating that right now in terms of American heritage rivers initiative. YOUNG] of the Committee on Resources the budget that was recently proposed Mr. Speaker, there are many, many and the gentleman from Oregon [Mr. by the gentleman from Texas [Mr. AR- things that are wrong with the Amer- BOB SMITH] of the Committee on Agri- CHER], which would give huge tax ican heritage rivers initiative. But to- culture, along with myself and other breaks to the wealthy while at the night I would like to focus on just resources subcommittee chairmen, same time we would cut back on Medi- three of those things. Its procedure, sent a letter to Katy McGinty strongly care, certain Medicaid programs and States’ rights and water rights, and the advising CEQ to extend the comment very significantly, by the way, on vet- separation of powers. period to at least another 90 days. She erans’ programs. The initiative purports to establish a would have been wise to follow our ad- In terms of tax policy what has gone mechanism by which President Clinton vice. I entered that letter into the on in this country people should know will designate as American heritage RECORD here on Wednesday, June 4. that from 1977 to 1990, the Social Secu- rivers 10 rivers per year. It establishes Additionally, I am aware of no fewer rity tax was raised nine times, and undefined, fictional governing entities than 35 other Members making similar today, people are paying, if one is self- known as water communities. These extension requests of CEQ. It would employed, one is paying 15 percent be- governing water communities will then certainly be in the best interests of ev- fore one pays any income tax and a determine the scope and the size of the eryone involved in CEQ if that agency FICA tax. And yet during that same designation area, which can include the would extend the public comment pe- period, while taxes on working people entire watershed. There are no safe- riod, and I urge them to do so. through the FICA tax went way up, guards for a D designation and no safe- Mr. Speaker, CEQ’s comment period taxes for the wealthy and the large cor- guards for private property owners closed today. Today I have yet to hear porations went way down, and the Fed- within the area who object to this in- if its counsel has decided to extend its eral Government ended up collecting clusion in the designation. comment period to even the legally re- significantly less money, which helped I will discuss this in detail later, but quired minimum. I read a news account cause us the deficit problem that we first, just before Memorial Day district of how baffled CEQ is by the concerns are trying to address right now. work period, the Council on Environ- we have raised. Perhaps if the com- I would just conclude by saying that mental Quality, an unauthorized agen- ment period were extended, enlighten- the gentleman is absolutely right in cy existing on misappropriated funds, I ment might follow. suggesting what I think the vast ma- might add, published the American The chairman of the Committee on jority of the people would agree with at heritage rivers initiative in the Fed- Resources, the gentleman from Alaska a moment’s notice, and that is the eral Register. It is in the May 19, 1997 [Mr. DON YOUNG] has also called an function of this institution is to rep- volume, page 27253, and I urge my col- oversight hearing for June 26, 1997 in resent the overwhelming majority of leagues to read it. our committee. I have at least a glim- our people who are not wealthy, who Although CEQ has in the past been mer of hope that we will then have work hard, who are struggling to keep the primary overseer of the National some of our questions answered, but I their heads above water. Environmental Policy Act process, in will not hold my breath. H3654 CONGRESSIONAL RECORD — HOUSE June 10, 1997 The last procedural point I would Mr. Speaker, many people do not community, but what is a river com- like to point out, Mr. Speaker, is that know this, but Idaho has a seaport. The munity, Mr. Speaker? Who belongs to a CEQ has responded to some of these Port of Lewiston and its two adjacent river community? Do not believe for a concerns by claiming that the Amer- ports via the Snake and Columbia Riv- minute that a river community will be ican Heritage Rivers Initiative is not a ers export 40 percent of America’s made up only of people who make their program, but some other hybrid that grain exports to Asia. This is water living from and are dependent on our does not require a rule. Indeed, CEQ of- barge transportation. Yes, Mr. Speak- rivers. ficials have stated that this initiative er, water is very important to the Mr. Speaker, this fictional entity, did not even require a publication in State of Idaho and to the Nation. the river community, will then define the Federal Register, and to this I say, Mr. Speaker, Idaho’s waters or water- the area covered by the American Her- wrong, absolutely wrong. ways and reclamation projects help itage River designation. They decide Procedurally, I would like to point make Idaho the gem State. Water is in the length of the area, whether it be an out that the law, the United States fact so important that the Idaho Con- entire watershed, the length of an en- Code that even CEQ is bound by, de- stitution, as approved by Congress tire river, or a short stretch of a river, fines a rule as the whole or part of an when Idaho entered the Union, ex- and may cross jurisdictional bound- agency statement of general or par- pressly states that, ‘‘The use of all wa- aries, including State boundaries. ticular applicability and future effect ters is subject to the regulations and designed to implement, interpret, or control of the State.’’ Apparently when it comes to rivers, prescribe law or policy or describing Additionally, Idaho code, section 42– the Clinton administration believes the organization, procedure, or prac- 101, states: that it takes more than a village, it tice requirements of an agency. All the waters of the State, when flowing takes a river community. When some- Mr. Speaker, despite CEQ’s claims, in their natural channels, including the wa- one sitting in New York City can ap- this so-called initiative is indeed an ters of all natural springs and lakes within peal land management decisions in the agency statement of general applicabil- the boundaries of the State, are declared to West, such as a timber sale and grazing ity and future effect designed to imple- be the property of the State, whose duty it allotment plans, with a mere postcard, ment and describe the organization shall be to supervise their appropriation and who is it that the Clinton administra- procedure and practice of an agency. allotment to those diverting the same there- tion will decide is a member of the from for any beneficial purpose. As they say, Mr. Speaker, if it walks river community? What interests will like a duck, if it talks like a duck, and Clearly, water within the boundaries the members of the river community swims like a duck, then it must be a of the State of Idaho are, unless pri- have? Also, how will the designation be duck. vately owned, property of the State of made? Idaho. How, then, can the Clinton ad- Mr. Speaker, the American Heritage Watershed, as we all know very well, ministration designate something that Rivers Initiative is indeed a duck. It is, Mr. Speaker, can literally be from is not the Federal Government’s to des- without a doubt, a rule within the mountaintop to mountaintop, and in- ignate? This is an assault on private meaning of 5 U.S.C. section 551(4), and clude vast areas. What about private property rights, States’ rights, Ameri- is therefore an agency action subject to property inside these watershed areas? ca’s values, and certainly our Western the procedural requirements under the If a private property designation is values. Administrative Procedures Act; also, being contemplated, will the private Quite simply, this initiative will sim- under the National Environmental Pro- owner be able to protect and sustain ply replace the long-established and tection Act. Again, where is the NEPA his ownership right? No, he will not. I constitutionally protected policies documentation? Where is the adequate have learned, Mr. Speaker, through my that govern the use of our waterways public comment? inquiries that this designation could which are critical to our economic sur- Last, the newly enacted congres- happen even over the objections of a vival, not only in the West but to the sional review of Agency Rulemaking homeowner, a shopowner, a farmer, a entire Nation. That is why, for the past Act, 5 U.S.C. section 801, et al., re- rancher. quires that the Federal agency promul- century, the Supreme Court has held in gating such a rule shall submit to each case after case that in the West it is What about State and local property? House of the Congress and to the the States who control the use of Mr. Speaker, an American Heritage Comptroller General a report. water. River designation will further dilute To my knowledge, this has not been As I did Wednesday, let me quote local control and decisionmaking. It done. Why? Because CEQ claims that it from one of the seminal U.S. Supreme will do nothing but add another layer is not a rule. Again, Mr. Speaker, if it Court cases on this issue, the 1978 case of bureaucracy that must be dealt walks like a duck. Procedurally, Mr. entitled ‘‘California v. United States,’’ with, another hurdle to overcome when Speaker, this proposed American Herit- written by Justice Rehnquist. an entity, the private landowner or the age Rivers Initiative is a disaster, pro- The Justice writes: State, desires to utilize the land. cedurally. The history of the relationship between CEQ has argued that the designation The next issue I would like to discuss the Federal Government and the States in carries no legal meaning. I disagree. is the issue of States’ rights and water the reclamation of the arid lands of the The very designation creates yet an- rights. This necessarily implicates pri- Western States is both long and involved, other obstacle, legal or not, and yet an- But through it runs the consistent thread of vate property. other tool for the use by environmental Mr. Speaker, as I said last Wednes- purposeful and continued deference to State water law by the Congress. Indeed, to take extremists to stop the wise use of our day, one of the reasons for America’s from the legislatures of the various States lands. Mr. Speaker, the Supreme Court strength and meteoric rise is because and territories the control of water at the recognized the importance of water to of the wise use of her rivers and water- present time would be something less than the arid western United States. Why ways for irrigation, travel, recreation, suicidal. If the appropriation and use were cannot the Clinton administration re- power, flood control, and all other uses. not under the provisions of State law, the ut- spect this supreme law of the land? Through the wise use and allocation of most confusion would prevail. As the Supreme Court has stated in water, America has literally turned our Mr. Speaker, this United American the case entitled ‘‘California v. United deserts into gardens and a once inhos- Heritage Rivers Initiative would create States’’ in 1978: pitable land into wonderful places to utmost confusion. How can the Clinton live and to recreate. In my State of administration assert control over The legislative history of the Reclamation Idaho, water is the absolute lifeblood of something that it clearly does not own, Act makes it abundantly clear that Congress this State. We have more than 15,000 and so important to our State? intended to defer to the substance as well as farmers and more than 3 million irri- To make matters worse, this initia- the form of State water law * * * to do oth- gated acres. That is larger than the tive is not just limited to the rivers. It erwise would trivialize the broad language and purpose of the Reclamation Act. sum total of many of the States. Near- redefines communities, watersheds, ly 40,000 individuals are employed in and jurisdictional boundaries. It cre- In other words, Mr. Speaker, the ut- one way or another by agriculture. ates a governing entity called the river most confusion will prevail. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3655

The final issue I would like to talk For the RECORD, I oppose any des- ers legislative, executive and judiciary about tonight, Mr. Speaker, is the wis- ignation of an American Heritage in the same hands, whether of one, a dom of our Founding Fathers as em- River in the State of Idaho or any few or many, and whether hereditary, bodied by the doctrine of the separa- place in this Nation. But I call the self-appointed or elective, may justly tion of powers. As I learned it, the leg- Members’ attention to President Clin- be pronounced the very definition of islative branch creates the laws, the ton’s designation of the Grand Stair- tyranny. executive branch is to implement and case-Escalante National Monument in Mr. Speaker, in the name of separa- enforce the laws, and the judiciary in- Utah. Despite CEQ’s protestations to tion of powers, in the vein of preserv- terprets the laws. the opposite, not one of the members of ing Congress’ lawmaking authority and Yet the American Heritage Rivers Utah’s congressional delegation nor for the good of our country, we must Initiative was created and tendered the Governor were informed of this take a stand. We must draw a line and solely by the White House and executed pending action, which set aside nearly simply say no, we will not let you do without congressional approval. When 2 million acres in the State of Utah that. We must say to the administra- it comes to our resources issues, the plus a very, very valuable coal mine. tion, you must act only within your Clinton administration has once again The Resources Subcommittee on Na- designated authority. usurped the Congress’ lawmaking au- tional Parks and Public Lands, of Mr. Speaker, we are a nation of laws. thority. Nowhere in law can one find which I am a member, held a hearing in As such we must all follow them, even the American Heritage Rivers Initia- which Senators HATCH and BENNETT, the White House, but most especially tive, nor has Congress conferred to Utah Governor Leavitt, Secretary Bab- all of us in government. CEQ the power to govern and control bitt and CEQ chairman Katy McGinty Tonight, I, along with a number of our rivers and watersheds. testified. In the face of both Utah Sen- our colleagues, am introducing H.R. This raises some very, very serious ators and the Governor, Chairman 1843. This bill will prohibit any funds issues, going beyond who and how this McGinty stated she informed them of from being spent by the administration program is authorized. But how is it the impending monument designation. on the American Heritage Rivers ini- paid for? Both Senators and the Governor clear- tiative. I urge the Members to join us on the Chenoweth-Pombo disapproval b 2230 ly and unequivocally stated that they were not informed. At best, the admin- of the American Heritage Rivers initia- Since the American Heritage Rivers istration acted without consulting the tive. initiative has never been authorized by leaders of the State of Utah. At worst, In closing, Mr. Speaker, I would like Congress, exactly which land and water President Clinton acted over the uni- to respond to some comments made by program’s funds were siphoned to pre- fied objection of that State. CEQ’s Katy McGinty. She is quoted by pare this proposal? How does the ad- Nonetheless, whether Utah’s delega- the Associated Press as stating that ministration intend to continue fund- tion knew or not is no matter, and I she is bewildered and perplexed by our ing this unauthorized project, if it is tend to believe the Senators and the opposition to the American Heritage established? Governor that they had no prior knowl- Rivers initiative. She states that it is CEQ has stated that this program is edge. 100 percent locally driven. It is govern- merely a coordination of existing and CEQ’s promises that only a commu- ment acting purely in partnership with ongoing Federal programs. Yet the nity that wants these designations are local communities. American Heritage Rivers initiative empty to me. Its promises leave me To this, Mr. Speaker, I can only say assigns a so-called river navigator, a with very, very little comfort. The she simply does not get it. When one Federal official, to the river commu- American Heritage Rivers proposal is sees a person in her position state that nity, the governing body, to help guide just one in a string of Clinton adminis- it is government acting in partnership it toward Presidential designation. But tration attacks on natural resource with local communities, I have grave I challenge the CEQ to show me where policies in America and most espe- concerns. We do not want another Fed- it is that the Congress has authorized a cially in the West. eral designation. We do not want a river navigator. And it would be foolish This is a nation of laws. But from the greater Federal presence, and we do to believe that these river navigators Utah Monument Ecosystem Manage- not want enhanced Federal control work for free. Who authorized this po- ment Projects to BLM’s law enforce- over our waters. sition? Who appropriated the funds? ment regulations, this administration This is not what this Congress is My concern, Mr. Speaker, is that has demonstrated an absolute lack of about. The spirit of this Congress is the funds needed forward on the ground regard for our Nation’s laws and regu- revitalization of the 10th amendment, management activities such as range- lations, including requirements of the the empowerment of local communities cons, engineers, biologists, and for- environmental laws. and States, and the recognition that esters are being misdirected from other Mr. Speaker, the administration has the Federal Government is one of lim- legitimate and authorized programs. blatantly ignored Congress’ lawmaking ited and enumerated powers. It is not Similar to other so-called initiatives authority, and the American Heritage about another Washington, D.C.-cre- unauthorized by Congress, like the In- Rivers initiative is just another exam- ated designation of our resources. It is terior Columbia River Basin Ecosystem ple. Take, for instance, Secretary not about yet another sphere of influ- Management Project, which comes to Babbitt’s attempted rewrite of 43 CFR ence for Federal bureaucrats. And it is mind, it costs hundreds of millions of 3809 pertaining to surface mining. Sec- certainly not about a Federal Govern- dollars to the American taxpayers and retary Babbitt has stated publicly that ment partnership when the State and the administration is again operating he did not need the Congress’ help to local communities are quite capable of ultra vires and is misusing taxpayer rewrite the mining law of 1872 but that governing themselves. dollars. he could do it administratively. This Congress is about less govern- This program is a misappropriation Mr. Speaker, we cannot allow the ad- ment, self-determination and freedom. of time, of resources and the taxpayers’ ministration to ignore this body. With- Freedom is still the issue. It is about money. You can be assured, Mr. Speak- out a check on the executive branch, States rights and property rights and er, that we will be addressing each of this Nation will continue down the the right of the people to be free of these three issues at the June 26 Com- road to chaos. And unless Congress as- Federal entanglements. And the Amer- mittee on Resources meeting. serts its constitutional responsibility, ican Heritage Rivers initiative does not CEQ has stated that if any legitimate it is well on its way to becoming a fit this bill. opposition were to surface against the toothless tiger, capable only of doling Mr. Speaker, this issue is really designation, including opposition by a out the taxpayers’ hard-earned dollars about control, control over our rivers Member of Congress representing the to fund big bureaucracies like the CEQ. and watersheds. If the Federal Govern- proposed area, the proposal will not go Where are we with regard to the pro- ment wants control of the States’ wa- forward. Pardon me, Mr. Speaker, but tection of property and States rights? ters, then what is next? if this does not give me much comfort, As James Madison wrote in Federal- If anyone thinks that this CEQ so- do not be surprised. ist No. 47, the accumulation of all pow- called initiative will be anything but a H3656 CONGRESSIONAL RECORD — HOUSE June 10, 1997 tool of the environmental extremists, comes a vast park through which they tend their remarks and include extra- they had better think again. Just might drive, drinking Perrier and neous material: today I read that an organization dedi- munching on organic chips, staying oc- Mr. BERMAN. cated to tearing out the dams and casionally in the bed-and-breakfast op- Mr. DAVIS of Illinois. transportation waterways along the erations into which the homes of west- Mr. RANGEL. Snake and Columbia Rivers have al- erners have been turned, with those Mr. OLVER. ready petitioned the White House to westerners who are able to remain Mr. FAZIO of California. designate the Columbia River as an fluffing the duvets and pouring cap- Ms. SANCHEZ. Mr. SANDERS. American Heritage River, which would puccino. They are well on their way to Mr. LANTOS. end the water-based barge transpor- achieving their objective.’’ Ms. ESHOO. Mr. Speaker, I think Perry Pendley tation, affecting hundreds of thousands Mr. BOYD. of jobs, communities and families in hit the nail on the head. Many people Mr. MORAN of Virginia. the Northwest. No, this is an issue of in the United States east of the Mis- Mr. FRANK of Massachussetts. control of the wealth and control of sissippi just view the West as one big Mr. STOKES. our people. national park, and the American Herit- Mr. SABO. What is next, Mr. Speaker? Part 2, age Rivers initiative is just one more Mr. MEEHAN. No. 2, calls for aerial and satellite sur- assault in a long line of programs de- Mr. KUCINICH. veillance of the rivers. Well, I ask my- signed to turn the West into a play- Mr. PASCRELL. self, will I have to wear a number on ground for the East. Mr. SCHUMER. my hat, on the top of my head, so that f Mr. RAHALL. Mr. PAYNE. the Federal bureaucrats in Washing- LEAVE OF ABSENCE ton, DC, using aerial photographs, can Mr. HOYER. By unanimous consent, leave of ab- monitor when I am out skipping rocks Mr. TORRES. sence was granted to: Mr. BROWN of California. on the river with my grandchildren? Mr. FLAKE (at the request of Mr. GEP- Mr. STARK. What is next? HARDT) for today and the balance of the Mr. DINGELL. Yes, Mr. Speaker, this issue is indeed week on account of official business. Mr. FARR of California. about control of our resources, our Mr. FARR of California (at the re- Mr. GEPHARDT. wealth and our people. It is sad. quest of Mr. GEPHARDT) for today and The following Members (at the re- As I discussed earlier, water is the the balance of the week on account of quest of Mr. PAUL) to revise and extend lifeblood of America, of the West and of a death in the family. their remarks and include extraneous my State, Idaho. But it is not just con- f material: trol over water that is threatened by SPECIAL ORDERS GRANTED Mr. QUINN. this un-American ‘‘make our backyard Mr. PITTS. every bureaucrat’s business’’ Heritage By unanimous consent, permission to Mr. BURTON of Indiana. Rivers initiative. address the House, following the legis- Mr. STEARNS. Nothing less than private property lative program and any special orders Mr. GILMAN. rights and freedom from unnecessary heretofore entered, was granted to: Mr. COLLINS. and harmful Federal intrusion is at The following Members (at the re- Mr. BONILLA. stake. Farmers, ranchers, fishermen, quest of Mr. CAPPS) to revise and ex- Mr. DAVIS of Virginia. homeowners and others who live along tend their remarks and include extra- Mr. SPENCER. rivers and deeply love their rivers may neous material: Mr. WALSH. find themselves with diminished rights Mr. GEPHARDT, for 5 minutes, today. Mr. KNOLLENBERG. and reduced control over their property Mr. BONIOR, for 5 minutes, today. Mr. GOODLING. Mr. MCCOLLUM. and their activities on the river. Mr. PALLONE, for 5 minutes, today. Mr. LEWIS of California. Mr. Speaker, these people, the ones Mr. OLVER, for 5 minutes, today. Mr. DREIER. who know the river and depend on its Mr. STRICKLAND, for 5 minutes, Mr. RIGGS. health and preservation, should not today. Ms. JACKSON LEE of Texas, for 5 min- Mr. DOOLITTLE. lose their rights because Federal bu- Mr. MCHUGH. reaucrats or Eastern environmentalists utes, today. Mr. SNYDER, for 5 minutes, today. The following Members (at the re- want to initiate a warm and fuzzy, po- Ms. WOOLSEY, for 5 minutes, today. quest of Mrs. CHENOWETH) and to in- litically correct Federal program or Ms. KAPTUR, for 5 minutes, today. clude extraneous matter: another Clinton photo-op. Mr. LAMPSON, for 5 minutes, today. Mr. SHERMAN. State sovereignty, individual free- Mr. EDWARDS, for 5 minutes, today. Mr. ETHERIDGE. dom, protection of property rights are Ms. CLAYTON, for 5 minutes, today. Mr. COOKSEY. the ideals that have distinguished this Mr. HEFNER, for 5 minutes, today. Mr. LUCAS of Oklahoma. Nation, this great Nation. We do our- Mr. ETHERIDGE, for 5 minutes, today. Mr. WELDON of Florida. selves and all American citizens a dis- Ms. ROYBAL-ALLARD, for 5 minutes, f service if we allow power to be usurped today. in this fashion. Ms. STABENOW, for 5 minutes, today. SENATE BILL REFERRED I urge my colleagues to stand up Mr. ROTHMAN, for 5 minutes, today. A Bill of the Senate of the following against this ill-conceived and mis- Mr. ALLEN, for 5 minutes, today. title was taken from the Speaker’s directed American Heritage Rivers ini- Mr. SANDERS, for 5 minutes, today. table and, under the rule, referred as tiative and to cosponsor the The following Members (at the re- quest of Mr. PAUL) to revise and extend follows: Chenoweth-Pombo bill. S. 610. An act to implement the obli- Mr. Speaker, the imposition of the their remarks and include extraneous gations of the United States under the Clinton-Gore extreme environmental- material: Chemical Weapons Convention; to the ist policies has taken a tragic toll on Mr. PAUL, for 5 minutes, today. Committee on International Relations the West. We are losing our culture, we Mr. JONES, for 5 minutes each day, on and in addition, to the Committee on are losing our heritage, and we are los- June 11 and 12. the Judiciary, for a period to be subse- ing the very way of life that we love so Mr. PAPPAS, for 5 minutes, today. quently determined by the Speaker, in much. My good friend Perry Pendley Mr. FOX of Pennsylvania, for 5 min- each case for consideration of such pro- sums up this feeling about the West in utes, today. Mr. KINGSTON, for 5 minutes, today. visions as fall within the jurisdiction of his book, ‘‘War on the West,’’ when he f the committee concerned, writes, and I quote: ‘‘The environmental extremists’ vi- EXTENSION OF REMARKS f sion of the West is of a land nearly de- By unanimous consent, permission to void of people and economic activity, a revise and extend remarks was granted BILL PRESENTED TO THE land devoted almost entirely to the to: PRESIDENT preservation of scenery and wildlife The following Members (at the re- Mr. Thomas, from the Committee on habitat. In their vision, everything be- quest of Mr. CAPPS) to revise and ex- House Oversight reported that that June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3657 committee did on the following date that will adjust his pending budget requests gram [AL–044–1 9710a; FRL–5829–9] received present to the President, for his ap- to be consistent with the recently negotiated June 4, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); proval, a bill of the House of the fol- Bipartisan Budget Agreement between the to the Committee on Commerce. 3709. A letter from the Director, Office of lowing title: On June 9, 1997: H.R. 1469. President and the Leadership of Congress, pursuant to 31 U.S.C. 1107; (H. Doc. No. 105— Regulatory Management and Information, An Act making emergency supple- 95); to the Committee on Appropriations and Environmental Protection Agency, transmit- mental appropriations for recovery ordered to be printed. ting the Agency’s final rule—Approval and from natural disasters, and for over- 3700. A letter from the Director, Office of Promulgation of Implementation Plans; seas peacekeeping efforts, including Regulations Management, Department of Ohio Ozone Maintenance Plan [OH104–2a; those in Bosnia, for the fiscal year end- Veterans Affairs, transmitting the Depart- FRL–5840–8] received June 9, 1997, pursuant ing September 30, 1997, and for other ment’s final rule— Reservists’ Education: In- to 5 U.S.C. 801(a)(1)(A); to the Committee on purposes. crease in Rates Payable Under the Montgom- Commerce. ery GI Bill —Selected Reserve (RIN: 2900– 3710. A letter from the Director, Office of f AI54) received May 23, 1997, pursuant to 5 Regulatory Management and Information, U.S.C. 801(a)(1)(A); to the Committee on Na- Environmental Protection Agency, transmit- ADJOURNMENT tional Security. ting the Agency’s final rule—Hazardous Mrs. CHENOWETH. Mr. Speaker, I 3701. A letter from the Attorney-Advisor, Waste Management System; Testing and move that the House do now adjourn. Federal Housing Finance Board, transmit- Monitoring Activities [FRL–5839–6] received The motion was agreed to; accord- ting the Board’s final rule—Community Sup- June 9, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); port Requirement [Docket No. 97–39] (RIN: to the Committee on Commerce. ingly (at 10 o’clock and 45 minutes 3069–AA35) received June 6, 1997, pursuant to 3711. A letter from the Director, Office of p.m.), the House adjourned until to- 5 U.S.C. 801(a)(1)(A); to the Committee on Regulatory Management and Information, morrow, Wednesday, June 11, 1997, at 10 Banking and Financial Services. Environmental Protection Agency, transmit- a.m. 3702. A letter from the Attorney-Advisor, ting the Agency’s final rule—Hazardous f Federal Housing Finance Board, transmit- Waste Management System; Carbamate Pro- ting the Board’s final rule—Technical duction, Identification and Listing of Haz- EXECUTIVE COMMUNICATIONS, Amendments to Definition of Deposits in ardous Waste; Land Disposal Restrictions; ETC. Banks or Trust Companies [Docket No. 97–38] Authorization of State Hazardous Waste Pro- (RIN: 3069–AA63) received June 6, 1997, pursu- grams; and CERCLA Hazardous Substance Under clause 2 of rule XXIV, execu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Designation and Reportable Quantities tive communications were taken from on Banking and Financial Services. [EPA530–Z–97; FRL–5839–7] (RIN: 2050–AD59) the Speaker’s table and referred as fol- 3703. A letter from the Assistant Secretary received June 9, 1997, pursuant to 5 U.S.C. lows: for Employment Standards, Department of 801(a)(1)(A); to the Committee on Commerce. Labor, transmitting the Department’s final 3712. A letter from the Deputy Director, 3693. A letter from the Administrator, Ag- rule—Executive Order 12933 of October 20, Regulations Policy Management Staff, Office ricultural Marketing Service, transmitting 1994—‘‘Nondisplacement of Qualified Work- of Policy, Food and Drug Administration, the Service’s final rule—Melons Grown in ers Under Certain Contracts’’ (Employment transmitting the Administration’s final South Texas; Assessment Rate [Docket No. Standards Administration, Wage and Hour rule—Indirect Food Additives: Adjuvants, FV97–979–1 FIR] received June 6, 1997, pursu- Division) (RIN: 1215–AA95) received May 22, Production Aids, and Sanitizers [Docket No. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 96F–0369] received June 6, 1997, pursuant to 5 on Agriculture. Committee on Education and the Workforce. U.S.C. 801(a)(1)(A); to the Committee on 3694. A letter from the Congressional Re- 3704. A letter from the Chairperson, Na- Commerce. view Coordinator, Animal and Plant Health tional Commission on Libraries and Informa- 3713. A letter from the Director, Regula- Inspection Service, transmitting the Serv- tion Science, transmitting the twenty-fifth tions Policy Management Staff, Office of ice’s final rule—Imported Fire Ant; Approved annual report of the activities of the Com- Policy, Food and Drug Administration, Treatments [Docket No. 96–063–4] received mission covering the period October 1, 1995 transmitting the Administration’s final June 5, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); through September 30, 1996, pursuant to 20 rule—Neurological Devices; Effective Date of to the Committee on Agriculture. U.S.C. 1504; to the Committee on Education Requirement for Premarket Approval of Cra- 3695. A letter from the Congressional Re- and the Workforce. nial Electrotherapy Stimulators [Docket No. view Coordinator, Animal and Plant Health 3705. A letter from the Deputy Executive 93N–0027] received June 6, 1997, pursuant to 5 Inspection Service, transmitting the Serv- Director and Chief Operating Officer, Pen- U.S.C. 801(a)(1)(A); to the Committee on ice’s final rule—Viruses, Serums, Toxins, and sion Benefit Guaranty Corporation, trans- Commerce. Analogous Products; Revision of Standard mitting the Corporation’s final rule—Alloca- 3714. A letter from the Secretary of Health Requirements for Clostridium Perfringens tion of Assets in Single-Employer Plans; In- and Human Services, transmitting a draft of Types C and D Toxoids and Bacterin-Toxoids terest Assumptions for Valuing Benefits [29 an Administration legislative proposal for [Docket No. 92–090–2] received June 10, 1997, CFR Part 4044] Receiving June 10, 1997, pur- revitalizing the Public Health Service; to the pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Commit- Committee on Commerce. mittee on Agriculture. tee on Education and the Workforce. 3715. A letter from the Director, Resource 3696. A letter from the Congressional Re- 3706. A letter from the Secretary of Edu- Management and Planning Staff, Trade De- view Coordinator, Animal and Plant Health cation, transmitting a draft of proposed leg- velopment, International Trade Administra- Inspection Service, transmitting the Serv- islation to assist states and secondary and tion, transmitting the Administration’s final ice’s final rule—Viruses, Serums, Toxins, and postsecondary schools to develop, imple- rule—Market Development Cooperative Pro- Analogous Products; Definition of Biological ment, and improve career preparation edu- gram [Docket No. 970424097–7097–01] (RIN: Products and Guidelines [Docket No. 93–152– cation so that every student has an oppor- 0625–ZA05) received June 3, 1997, pursuant to 2] (RIN: 0579–AA65) received June 10, 1997, tunity to acquire academic and technical 5 U.S.C. 801(a)(1)(A); to the Committee on pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- knowledge and skills needed for postsecond- International Relations. mittee on Agriculture. ary education, further learning, and a wide 3716. A letter from the Secretary of Com- 3697. A letter from the Director, Office of range of opportunities in high-skill and high- merce, transmitting the semiannual report Regulatory Management and Information, wage careers; to the Committee on Edu- on the activities of the Office of the Inspec- Environmental Protection Agency, transmit- cation and the Workforce. tor General and the Secretary’s semiannual ting the Agency’s final rule—Bifenthrin; Pes- 3707. A letter from the Secretary, Depart- report on final action taken on Inspector ticide Tolerances for Emergency Exemptions ment of Health and Human Services, trans- General audits for the period from October 1, [OPP–300495; FRL–5719–3] (RIN: 2070–AB78) re- mitting the Department’s ‘‘Major’’ final 1996 through March 31, 1997, pursuant to 5 ceived June 4, 1997, pursuant to 5 U.S.C. rule—Substances Prohibited From Use in U.S.C. app. (Insp. Gen. Act) section 5(b); to 801(a)(1)(A); to the Committee on Agri- Animal Food or Feed; Animal Proteins Pro- the Committee on Government Reform and culture. hibited in Ruminant Feed [Docket No. 96N– Oversight. 3698. A letter from the Chief, Natural Re- 0135] (RIN: 0910–AA91) received June 6, 1997, 3717. A letter from the Chairman, Board of sources Conservation Service, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Directors, Panama Canal Commission, trans- the Service’s ‘‘Major’’ final rule—Environ- mittee on Commerce. mitting the semiannual report on the activi- mental Quality Incentives Program 3708. A letter from the Director, Office of ties of the Office of Inspector General for the [Workplan Number 96–004] (RIN: 0578–AA19) Regulatory Management and Information, period October 1, 1996, through March 31, received June 2, 1997, pursuant to 5 U.S.C. Environmental Protection Agency, transmit- 1997; and the semiannual management report 801(a)(1)(A); to the Committee on Agri- ting the Agency’s final rule—Approval and for the same period, pursuant to 5 U.S.C. app. culture. Promulgation of Implementation Plans: Re- (Insp. Gen. Act) section 5(b); to the Commit- 3699. A communication from the President visions to Several Chapters and Appendices tee on Government Reform and Oversight. of the United States, transmitting his re- of the Alabama Department of Environ- 3718. A letter from the Deputy Director for quests for an FY 1997 supplemental appro- mental Management (ADEM) Administra- Administration, Central Intelligence Agen- priation and for FY 1998 budget amendments tion Code for the Air Pollution Control Pro- cy, transmitting a report of activities under H3658 CONGRESSIONAL RECORD — HOUSE June 10, 1997 the Freedom of Information Act for the cal- Notice 11] (RIN: 2127–AG21) received May 29, tion, transmitting a copy of a report entitled endar year 1996, pursuant to 5 U.S.C. 552(d); 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ‘‘NHTSA Plan for Achieving Harmonization to the Committee on Government Reform Committee on Transportation and Infra- of the U.S. and European Side Impact Stand- and Oversight. structure. ards,’’ pursuant to Public Law 104—205; joint- 3719. A letter from the Acting Commis- 3729. A letter from the General Counsel, ly to the Committees on Transportation and sioner of Social Security, Social Security Department of Transportation, transmitting Infrastructure and Commerce. Administration, transmitting the semi- the Department’s final rule—Hazardous Ma- f annual report on the activities of the Office terials: Use of Non-specification Open-Head of Inspector General for the period October 1, Fiber Drum Packagings (Research and Spe- REPORTS OF COMMITTEES ON 1996, through March 31, 1997, pursuant to 5 cial Programs Administration) [Docket No. PUBLIC BILLS AND RESOLUTIONS U.S.C. app. (Insp. Gen. Act) section 5(b); to RSPA–97–2501 (HM–221B)] (RIN: 2137–AD04) the Committee on Government Reform and received May 29, 1997, pursuant to 5 U.S.C. Under clause 2 of rule XIII, reports of Oversight. 801(a)(1)(A); to the Committee on Transpor- committees were delivered to the Clerk 3720. A letter from the Secretary of the In- tation and Infrastructure. for printing and reference to the proper terior, transmitting certification that lands 3730. A letter from the Deputy Adminis- calendar, as follows: for the North Cannonball Unit, Standing trator, General Services Administration, [Submitted June 9, 1997] Rock Indian Reservation have had an ade- transmitting an informational copy of a Re- quate soil survey, land classification has port of Building Project Survey for the De- Mr. BLILEY: Committee on Commerce. been made and that the lands to be irrigated partment of Transportation (DOT) Head- H.R. 1277. A bill to authorize appropriations are susceptible to agricultural production by quarters Replacement in Washington, DC, for fiscal year 1998 and fiscal year 1999 for irrigation, pursuant to 43 U.S.C. 390a; to the pursuant to 40 U.S.C. 606(a); to the Commit- the civilian research, development, dem- Committee on Resources. tee on Transportation and Infrastructure. onstration, and commercial application ac- 3721. A letter from the Assistant Secretary 3731. A letter from the Board Members, tivities of the Department of Energy, and for for Environmental Management, Depart- Railroad Retirement Board, transmitting a other purposes; with an amendment (Rept. ment of Energy, transmitting a summary of draft of proposed legislation to amend the 105–67 Pt. 2). Referred to the Committee of the Department of Energy’s ‘‘Final Waste Railroad Retirement Act and the Railroad the Whole House on the State of the Union. Management Programmatic Environmental Unemployment Insurance Act to ease admin- [Submitted June 10, 1997] Impact Statement’’; to the Committee on istration of the railroad retirement and rail- Mr. SOLOMON: Committee on Rules. Resources. road unemployment insurance programs; to House Resolution 163. Resolution providing 3722. A letter from the Acting Director, the Committee on Transportation and Infra- for consideration of the joint resolution (H.J. Fish and Wildlife Service, transmitting the structure. Res. 54) proposing an amendment to the Con- Service’s final rule—Endangered and Threat- 3732. A letter from the Secretary of Trans- stitution of the United States authorizing ened Wildlife and Plants; Change in Listing portation, transmitting a copy of the report the Congress to prohibit the physical dese- Status of Steller Sea Lion (RIN: 1018–AE10) entitled ‘‘The Regional Attorney Pilot cration of the flag of the United States received June 4, 1997, pursuant to 5 U.S.C. Project,’’ pursuant to Public Law 102—365, (Rept. 105–126). Referred to the House Cal- 801(a)(1)(A); to the Committee on Resources. section 4(b)(3) (106 Stat. 973); to the Commit- endar. 3723. A letter from the Acting Director, Of- tee on Transportation and Infrastructure. Mr. GOSS: Committee on Rules. House fice of Sustainable Fisheries, National Oce- 3733. A letter from the Acting Associate Resolution 164. Resolution for consideration anic and Atmospheric Administration, trans- Deputy Administrator for Government Con- of the bill (H.R. 437) to reauthorize the Na- mitting the Administration’s final rule— tracting and Minority Enterprise Develop- tional Sea Grant College Program Act, and Fisheries of the Exclusive Economic Zone ment, Small Business Administration, trans- for other purposes (Rept. 105–127). Referred Off Alaska; Pacific Halibut and Red King mitting the revised annual report on Minor- to the House Calendar. Crab Bycatch Rate Standards for the Second ity Small business and Capital Ownership Half of 1997 [Docket No. 900833–1095; I.D. Development for fiscal year 1996 to replace f 052997D] received June 6, 1997, pursuant to 5 EC3250 which was transmitted on May 8, 1997, REPORTS OF COMMITTEES ON PRI- U.S.C. 801(a)(1)(A); to the Committee on Re- pursuant to Public Law 100—656, section 408 VATE BILLS AND RESOLUTIONS sources. (102 Stat. 3877); to the Committee on Small 3724. A letter from the Acting Director, Of- Business. Under clause 2 of rule XIII, reports of fice of Sustainable Fisheries, National Oce- 3734. A letter from the Secretary of Veter- committees were delivered to the Clerk anic and Atmospheric Administration, trans- ans Affairs, transmitting a draft of proposed for printing and reference to the proper mitting the Administration’s final rule— legislation to amend title 38, United States calendar, as follows: Fisheries of the Exclusive Economic Zone Code, to make certain improvements in the Off Alaska; Groundfish of the Bering Sea and housing loan programs for veterans and eli- Mr. SMITH of Texas: Committee on the Ju- Aleutian Islands Area; Apportionment of Re- gible persons; to the Committee on Veterans’ diciary. H.R. 378. A bill for the relief of serve [Docket No. 961107312–7021–02; I.D. Affairs. Heraclio Tolley (Rept. 105–125). Referred to 052397B] received June 6, 1997, pursuant to 5 3735. A letter from the Secretary of Health the Committee of the Whole House. U.S.C. 801(a)(1)(A); to the Committee on Re- and Human Services, transmitting a letter f sources. informing Congress that the proposal re- 3725. A letter from the Assistant Attorney quired by Section 4008(k)(1) of the Omnibus PUBLIC BILLS AND RESOLUTIONS General, Department of Justice, transmit- Budget Reconciliation Act of 1990 was trans- Under clause 5 of rule X and clause 4 ting the report on the administration of the mitted with the President’s fiscal year (FY) of rule XXII, public bills and resolu- Foreign Agents Registration Act covering 1998 budget and associated legislative lan- tions were introduced and severally re- the six months ended June 30, 1996, pursuant guage; to the Committee on Ways and ferred as follows: to 22 U.S.C. 621; to the Committee on the Ju- Means. diciary. 3736. A letter from the Secretary of Health By Mr. HYDE (for himself, Mr. 3726. A letter from the Assistant General and Human Services, transmitting a report MCDERMOTT, Mrs. KELLY, Mr. Counsel, United States Information Agency, on the initial estimate of the applicable per- HAYWORTH, Mr. STARK, Ms. DEGETTE, transmitting the Agency’s final rule—Ex- centage increase in inpatient hospital pay- Ms. JACKSON-LEE, Mr. CONYERS, Mr. change Visitor Program [22 CFR Part 514] re- ment rates for Federal Fiscal Year (FY) 1998, FRANK of Massachusetts, Mr. BARR of ceived May 27, 1997, pursuant to 5 U.S.C. pursuant to Public Law 101—508, section Georgia, Mrs. MEEK of Florida, Mr. 801(a)(1)(A); to the Committee on the Judici- 4002(g)(1)(B) (104 Stat. 1388—36); to the Com- MARTINEZ, Ms. LOFGREN, Mr. WICKER, ary. mittee on Ways and Means. Mr. GRAHAM, Mr. MANZULLO, Mr. 3727. A letter from the General Counsel, 3737. A letter from the Acting General SCHIFF, Mr. CLAY, Mr. EVANS, Mr. Department of Transportation, transmitting Counsel, Department of Defense, transmit- FOLEY, Mr. FOGLIETTA, Mr. PARKER, the Department’s final rule—Safety Fitness ting a draft of proposed legislation that Mr. DELLUMS, Mr. BLILEY, Mr. BROWN Procedures; Safety Ratings (Federal High- would clarify the treatment of military and of Ohio, Mr. WATT of North Carolina, way Administration) [FHWA Docket No. National Guard aircraft as public aircraft; Mr. BERMAN, Mr. BAKER, and Mr. MC–94–22; FHWA–97–2252] (RIN: 2125–AC71) re- jointly to the Committees on National Secu- CUMMINGS): ceived May 29, 1997, pursuant to 5 U.S.C. rity and Transportation and Infrastructure. H.R. 1835. A bill to provide a more just and 801(a)(1)(A); to the Committee on Transpor- 3738. A letter from the Administrator, En- uniform procedure for Federal civil forfeit- tation and Infrastructure. vironmental Protection Agency, transmit- ures; to the Committee on the Judiciary, and 3728. A letter from the General Counsel, ting the third report on environmental estu- in addition to the Committee on Ways and Department of Transportation, transmitting arine monitoring of organotin concentra- Means, for a period to subsequently deter- the Department’s final rule—Procedures for tions, pursuant to 33 U.S.C. 2406; jointly to mined by the Speaker, in each case for con- Participating in and received Data from the the Committees on Transportation and In- sideration of such provisions as fall within National Driver Register Problem Driver frastructure and National Security. the jurisdiction of the committee concerned. Pointer System (National Highway Traffic 3739. A letter from the Administrator, Na- By Mr. BURTON of Indiana (for himself Safety Administration) [Docket No. 84–02; tional Highway Traffic Safety Administra- and Mr. MICA): June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3659

H.R. 1836. A bill to amend chapter 89 of H.R. 1846. A bill to provide for the imme- By Mr. SHAYS (for himself, Mr. FRANK title 5, United States Code, to improve ad- diate application of certain orders relating of Massachusetts, Mr. ABERCROMBIE, ministration of sanctions against unfit to the amendment, modification, suspension, Mr. ACKERMAN, Mr. ALLEN, Mr. AN- health care providers under the Federal Em- or revocation of certificates under chapter DREWS, Mr. BALDACCI, Mr. BARRETT of ployees Health Benefits Program, and for 447 of title 49, United States Code; to the Wisconsin, Mr. BECERRA, Mr. BER- other purposes; to the Committee on Govern- Committee on Transportation and Infra- MAN, Mr. BLAGOJEVICH, Mr. ment Reform and Oversight. structure. BLUMENAUER, Mr. BOEHLERT, Mr. By Ms. JACKSON-LEE: By Mr. GOODLATTE: BONIOR, Mr. BROWN of California, Mr. H.R. 1837. A bill to amend title 18, United H.R. 1847. A bill to improve the criminal BROWN of Ohio, Mr. CAMPBELL, Mr. States Code, with respect to the penalty for law relating to fraud against consumers; to CAPPS, Mr. CARDIN, Ms. CARSON, Ms. the rape of juveniles in prison; to the Com- the Committee on the Judiciary. CHRISTIAN-GREEN, Mr. CLAY, Mrs. mittee on the Judiciary. By Mr. HOYER (for himself, Mrs. CLAYTON, Mr. CLYBURN, Mr. CONYERS, By Mr. SHUSTER (for himself, Mr. MORELLA, Mr. CUMMINGS, Mr. MORAN Mr. COYNE, Mr. CUMMINGS, Mr. DAVIS OBERSTAR, Mr. GILCHREST, and Mr. of Virginia, Mr. FAZIO of California, of Illinois, Mr. DEFAZIO, Ms. CLEMENT) (all by request): Mr. FORD, and Mr. DAVIS of Virginia): DEGETTE, Mr. DELAHUNT, Ms. H.R. 1838. A bill to authorize appropria- H.R. 1848. A bill to amend chapter 89 of DELAURO, Mr. DELLUMS, Mr. tions for fiscal years 1998 and 1999 for the title 5, United States Code, to modify the DEUTSCH, Mr. DICKS, Mr. DIXON, Mr. Coast Guard, and for other purposes; to the formula under which the Government con- ENGEL, Ms. ESHOO, Mr. EVANS, Mr. Committee on Transportation and Infra- tribution for a Federal employee or annu- FALEOMAVAEGA, Mr. FARR of Califor- structure. itant enrolled in a health benefits plan under nia, Mr. FATTAH, Mr. FAZIO of Cali- By Mr. WHITE (for himself, Mr. TOWNS, such chapter is determined; to the Commit- fornia, Mr. FILNER, Mr. FLAKE, Mr. Mr. HORN, Mr. NORWOOD, and Ms. tee on Government Reform and Oversight. FOGLIETTA, Mr. FORD, Mr. DUNN of Washington): By Mr. LUCAS of Oklahoma: H.R. 1839. A bill to establish nationally FRELINGHUYSEN, Mr. FROST, Ms. H.R. 1849. A bill to establish the Oklahoma FURSE, Mr. GEJDENSON, Mr. GEP- uniform requirements regarding the titling City National Memorial as a unit of the Na- and registration of salvage, nonrepairable, HARDT, Mr. GILMAN, Mr. GONZALEZ, tional Park System, to designate the Okla- and rebuilt vehicles; to the Committee on Mr. GREENWOOD, Mr. GUTIERREZ, Ms. homa City Memorial Trust, and for other Commerce, and in addition to the Committee HARMAN, Mr. HASTINGS of Florida, purposes; to the Committee on Resources. on the Judiciary, for a period to be subse- Mr. HINCHEY, Ms. HOOLEY of Oregon, By Mrs. MALONEY of New York (for quently determined by the Speaker, in each Mr. HORN, Mr. HOYER, Ms. JACKSON- case for consideration of such provisions as herself, Mr. DEFAZIO, Mr. BARRETT of LEE, Mr. JACKSON, Mr. JEFFERSON, fall within the jurisdiction of the committee Wisconsin, Ms. SLAUGHTER, Ms. Ms. EDDIE BERNICE JOHNSON of Texas, concerned. MCKINNEY, Mr. JACKSON, Mr. MCGOV- Mrs. JOHNSON of Connecticut, Mrs. ERN, Ms. NORTON, and Mr. ROTHMAN): By Mr. MCCOLLUM: KELLY, Mr. KENNEDY of Massachu- H.R. 1840. A bill to provide a law enforce- H.R. 1850. A bill to require the Secretary of setts, Mr. KENNEDY of Rhode Island, ment exception to the prohibition on the ad- Defense to plan and carry out pilot projects Mrs. KENNELLY of Connecticut, Mr. vertising of certain electronic devices; to the to test various best business practices for de- KILDEE, Ms. KILPATRICK, Mr. KIND of Committee on the Judiciary. fense inventory management; to the Com- Wisconsin, Mr. KOLBE, Mr. KUCINICH, By Mr. COX of California (for himself mittee on National Security. Mr. LANTOS, Mr. LEACH, Mr. LEVIN, and Mr. CAMPBELL): By Mr. MORAN of Virginia: Mr. LEWIS of Georgia, Ms. LOFGREN, H.R. 1851. A bill to designate the U.S. H.R. 1841. A bill to amend the Internal Rev- Mrs. LOWEY, Mr. LUTHER, Mrs. courthouse located at 200 South Washington enue Code of 1986 to repeal the death tax for MALONEY of New York, Mr. MALONEY Street in Alexandria, VA, as the ‘‘Martin family farms and small businesses; to the of Connecticut, Mr. MARKEY, Mr. V.B. Bostetter, Jr. United States Court- Committee on Ways and Means. MARTINEZ, Mr. MATSUI, Mrs. MCCAR- house’’; to the Committee on Transportation By Mrs. CHENOWETH (for herself, Mr. THY of New York, Ms. MCCARTHY of and Infrastructure. POMBO, Mr. DOOLITTLE, Mr. SMITH of Missouri, Mr. MCDERMOTT, Mr. By Mrs. MYRICK: Oregon, Mr. RADANOVICH, Mr. BOB MCGOVERN, Mr. MCHALE, Ms. MCKIN- H.R. 1852. A bill to reduce the duty on a SCHAFFER, Mr. GIBBONS, Mr. HERGER, NEY, Mr. MEEHAN, Mrs. MEEK of Flor- polymer of alkanediols, monocyclic Mr. HILLEARY, Mr. HASTINGS of Wash- ida, Mr. MENENDEZ, Ms. MILLENDER- dicarboxylic acid dimethyl ester, monocyclic ington, Mr. SMITH of Texas, and Mr. MCDONALD, Mr. MILLER of California, monosulfonated dicarboxylic acid dimethyl METCALF): Mrs. MINK of Hawaii, Mr. MOAKLEY, ester monsodium salt and hydroxy H.R. 1842. A bill to terminate further devel- Mr. MORAN of Virginia, Mrs. alkoxyalkanesulfonic acid sodium salt; to opment and implementation of the American MORELLA, Mr. NADLER, Mr. NEAL of the Committee on Ways and Means. Heritage Rivers Initiative; to the Committee Massachusetts, Ms. NORTON, Mr. By Mr. RIGGS: on Resources. OLVER, Mr. OWENS, Mr. PALLONE, Mr. H.R. 1853. A bill to amend the Carl D. Per- By Mr. BASS (for himself, Mr. SUNUNU, PASCRELL, Mr. PASTOR, Mr. PAYNE, kins Vocational and Applied Technology Mr. SANDERS, Mr. METCALF, Mr. Ms. PELOSI, Mr. RANGEL, Mr. REYES, Education Act; to the Committee on Edu- PARKER, Mr. YOUNG of Alaska, Mr. Ms. RIVERS, Mr. ROTHMAN, Ms. ROY- cation and the Workforce. BOUCHER, Mr. BONO, Mr. PASTOR. Mr. BAL-ALLARD, Mr. RUSH, Mr. SABO, Ms. By Mr. SABO: STUMP, Mr. STRICKLAND, Mr. DEAL of SANCHEZ, Mr. SANDERS, Mr. SAWYER, H.R. 1854. A bill to amend the Employee Georgia, Mr. NORWOOD, Mr. WICKER, Mr. SCHUMER, Mr. SERRANO, Mr. Retirement Income Security Act of 1974 to Mr. GRAHAM, Mrs. CUBIN, Mr. SHERMAN, Mr. SKAGGS, Ms. SLAUGH- require the offering of children-only cov- HERGER, Mr. HILL, Mr. HAYWORTH, TER, Mr. ADAM SMITH of Washington, erage to dependents of participants under Mr. RIGGS, and Mrs. EMERSON): Ms. STABENOW, Mr. STARK, Mr. group health plans, and for other purposes); H.R. 1843. A bill to amend title 31, United STOKES, Mrs. TAUSCHER, Mr. THOMP- States Code, to address the failure to appro- to the Committee on Education and the SON, Mr. TIERNEY, Mr. TORRES, Mr. priate sufficient funds to make full pay- Workforce. TOWNS, Mr. TRAFICANT, Mr. ments in lieu of taxes under chapter 69 of By Mr. SAXTON (for himself, Mr. UNDERWOOD, Ms. VELAZQUEZ, Mr. such title by exempting certain users of the ALLEN, Mr. BALDACCI, Mr. DELAHUNT, VENTO, Ms. WATERS, Mr. WATT of National Forest System from fees imposed in Mr. FRANK of Massachusetts, Mr. North Carolina, Mr. WAXMAN, Mr. connection with such use; to the Committee KENNEDY of Rhode Island, Mr. WEXLER, Mr. WEYGAND, Ms. WOOLSEY, on Resources. PALLONE, and Mr. WEYGAND): Mr. WYNN, and Mr. YATES): By Mr. COLLINS: H.R. 1855. A bill to establish a moratorium H.R. 1844. A bill to amend the Internal Rev- on large fishing vessels in Atlantic herring H.R. 1858. A bill to prohibit employment enue Code of 1986 to clarify the treatment of and mackerel fisheries; to the Committee on discrimination on the basis of sexual ori- aircraft maintenance and repair expendi- Resources. entation; to the Committee on Education tures required by the Federal Aviation Ad- By Mr. SAXTON: and the Workforce, and in addition to the ministration; to the Committee on Ways and H.R. 1856. A bill to amend the Fish and Committees on House Oversight, Govern- Means. Wildlife Act of 1956 to direct the Secretary of ment Reform and Oversight, and the Judici- By Mr. ETHERIDGE (for himself, Mr. the Interior to conduct a volunteer pilot ary, for a period to be subsequently deter- MCINTYRE, Mr. HEFNER, Mrs. CLAY- project at one national wildlife refuge in mined by the Speaker, in each case for con- TON, Mr. COBLE, and Mr. PRICE of each U.S. Fish and Wildlife Service region, sideration of such provisions as fall within North Carolina): and for other purposes; to the Committee on the jurisdiction of the committee concerned. H.R. 1845. A bill to amend the Internal Rev- Resources. By Mr. STEARNS (for himself, Mr. enue Code of 1986 to reduce estate taxes on By Mr. SENSENBRENNER: TAUZIN, Mr. OXLEY, and Mr. UPTON): family-owned businesses; to the Committee H.R. 1857. A bill to amend title 28, United H.R. 1859. A bill to amend the Communica- on Ways and Means. States Code, to provide for Federal jurisdic- tions Act of 1934 to reduce restrictions on By Mr. GALLEGLY (for himself and tion of certain multiparty, multiform civil media ownership, and for other purposes; to Mr. COOKSEY: actions; to the Committee on the Judiciary. the Committee on Commerce. H3660 CONGRESSIONAL RECORD — HOUSE June 10, 1997

By Mr. PAUL: H.R. 7: Mr. HUTCHINSON. H.R. 1260: Mr. HALL of Ohio, Mr. DIXON, Mr. H.J. Res. 80. Joint resolution proposing an H.R. 15: Mr. RUSH, Mr. LANTOS, and Mr. CALVERT, Mr. GOODLING, Mrs. EMERSON, and amendment to the Constitution of the Unit- CALVERT. Mr. BROWN of Ohio. ed States authorizing the State to prohibit H.R. 84: Mr. FILNER. H.R. 1270: Mr. MCINTYRE, Mr. WEXLER, Mr. the physical desecration of the flag of the H.R. 96: Mr. JONES, Mr. LEWIS of Georgia, ADERHOLT, Mr. THORNBERRY, Mr. HUTCHIN- United States and authorizing Congress to and Mrs. FOWLER. SON, Mr. SAXTON, Mr. HASTINGS of Florida, prohibit desecration of federally owned flags; H.R. 108: Mrs. LOWEY. Ms. JACKSON-LEE, Mr. WALSH, and Mr. to the Committee on the Judiciary. H.R. 135: Ms. HOOLEY of Oregon, and Mr. SCOTT. By Mr. SCARBOROUGH: COYNE. H.R. 1287: Ms. NORTON, Mr. DUNCAN, Mr. H.J. Res. 81. Joint resolution disapproving H.R. 145: Mr. DIXON and Mrs. LOWEY. KOLBE, Mr. CAMPBELL, and Mr. LIPINSKI. the Federal Communications Commission H.R. 197: Ms. ESHOO. H.R. 1288: Mr. COSTELLO. Order 97–27, relating to revision of the Com- H.R. 230: Ms. FURSE. H.R. 1289: Mr. KUCINICH, Mr. FROST, Mr. mission’s cable television leased commercial H.R. 245: Mr. FOX of Pennsylvania. BOUCHER, Mr. MEEHAN, Mr. EVANS, Mr. ACK- access rules; to the Committee on Com- H.R. 404: Mr. SHAYS. ERMAN, Mr. GREENWOOD, Mr. SHAYS, Mr. merce. H.R. 407: Mrs. MINK of Hawaii. BAKER, Ms. ESHOO, and Mr. ALLEN. By Mr. WELDON of Florida (for him- H.R. 446: Mr. KING of New York. H.R. 1296: Mr. HORN, Ms. STABENOW, and self, Mr. DEUTSCH, Mr. COOK, Mr. H.R. 521: Mr. HUTCHINSON. Mr. FOX of Pennsylvania. ROHRABACHER, Mr. WEXLER, Mr. H.R. 625: Mr. HOLDEN, Mr. GIBBONS, and Mr. H.R. 1301: Mr. FOGLIETTA. MCGOVERN, Mr. WATTS of Oklahoma, BARRETT of Wisconsin. H.R. 1315: Ms. DEGETTE. Mr. FROST, Mr. CANADY of Florida, H.R. 632: Mr. GOODE, Mr. COBLE, and Mr. H.R. 1323: Mr. MCDERMOTT, Mr. TORRES, Mr. LIPINSKI, Mr. LAHOOD, Mr. FOX of ENSIGN. Mr. MORAN of Virginia, and Mr. ALLEN. Pennsylvania, Mr. ABERCROMBIE, Mr. H.R. 693: Mr. BACHUS. H.R. 1350: Mr. CANADY of Florida, Mr. MILLER of Florida, Ms. SLAUGHTER, H.R. 695: Mr. ENGLISH of Pennsylvania. HAYWORTH, Mr. CHRISTENSEN, and Mr. Mr. FRANK of Massachusetts, Mrs. H.R. 699: Mr. HASTINGS of Washington, Mr. SKAGGS. THURMAN, Mr. FORBES, Mr. DELLUMS, ENSIGN, Mr. QUINN, Mr. SMITH of New Jersey, H.R. 1355: Ms. WOOLSEY. Mr. PORTER, Mr. ENGEL, and Mr. Mr. LARGENT, Mr. REYES, and Mr. SNYDER. H.R. 1363: Mr. FILNER and Ms. EDDIE BER- AVIS C OV DICKEY): H.R. 712: Mr. D of Illinois, Mr. M G - NICE JOHNSON of Texas. H. Con. Res. 95. Concurrent resolution rec- ERN, and Mr. HASTINGS of Florida. H.R. 1364: Mr. FILNER, Mr. SCHUMER, Ms. ognizing and commending American airmen H.R. 754: Mr. MALONEY of Connecticut and EDDIE BERNICE JOHNSON of Texas, and Mr. held as political prisoners at the Buchenwald Mr. DELAHUNT. MARTINEZ. concentration camp during World War II for H.R. 758: Mr. HULSHOF. H.R. 1373: Mr. DAVIS of Illinois and Mr. their service, bravery, and fortitude; to the H.R. 793: Mr. FILNER. LEWIS of Georgia. Committee on Government Reform and H.R. 815: Mr. DAVIS of Florida, Mr. H.R. 1401: Mr. SKAGGS. Oversight. WEXLER, and Mr. SHAW. H.R. 1437: Mr. MARTINEZ and Mr. QUINN. H.R. 869: Mr. KLUG and Mr. STRICKLAND. H.R. 1440: Mr. FROST, Mr. MCGOVERN, Mr. f H.R. 873: Mr. WELDON of Pennsylvania. LAFALCE, and Ms. EDDIE BERNICE JOHNSON of H.R. 880: Mr. YOUNG of Alaska. Texas. MEMORIALS H.R. 910: Mr. BONIOR. H.R. 1455: Mr. TORRES, Ms. EDDIE BERNICE Under clause 4 of rule XXII, memori- H.R. 922: Mr. COOK. JOHNSON of Texas, and Mr. MARTINEZ. als were presented and referred as fol- H.R. 923: Mr. COOK. H.R. 1480: Mr. FILNER. lows: H.R. 955: Mr. BLILEY. H.R. 1496: Mr. FOX of Pennsylvania and Mr. H.R. 957: Mr. FOX of Pennsylvania. EVANS. 128. The SPEAKER presented a memorial H.R. 971: Mr. LAFALCE. H.R. 1497: Mr. MCGOVERN. of the House of Representatives of the Com- H.R. 983: Ms. MCCARTHY of Missouri, Mr. H.R. 1503: Mr. FOX of Pennsylvania. monwealth of Kentucky, relative to House POSHARD, and Ms. LOFGREN. H.R. 1526: Mr. SAXTON, Mr. ETHERIDGE, Mr. Resolution No. 20 encouraging the President H.R. 989: Mr. MCHALE, Mr. HOUGHTON, Mr. CANADY of Florida, and Mr. ROTHMAN. and the United States Congress to examine MEEHAN, Mr. COBLE, Mr. JACKSON, Mr. H.R. 1531: Mr. CLYBURN, Mr. LIPINSKI, Mr. United States foreign policy toward Ethio- DEUTSCH, Mr. KING of New York, Mr. CANADY MCNULTY, Mr. HOLDEN, Mr. YATES, and Mr. pia; to the Committee on International Rela- of Florida, Mr. DELLUMS, Mr. PASTOR, and WEXLER. tions. Ms. PRYCE of Ohio. H.R. 1532: Mr. ALLEN, Mr. TAYLOR of Mis- 129. Also, a memorial of the Legislature of H.R. 991: Mr. MINGE. sissippi, Mr. BLAGOJEVICH, Mr. LIVINGSTON, the State of Montana, relative to House H.R. 1009: Mr. CHAMBLISS. Mr. BEREUTER, Mrs. ROUKEMA, Mr. FAWELL, Joint Resolution 13 urging Congress to H.R. 1018: Mr. HALL of Ohio and Mr. Mr. SAWYER, Mr. TANNER, Mr. MCINTOSH, Mr. amend President Clinton’s unilateral action MCCOLLUM. LEACH, Mr. COBLE, Mr. HASTINGS of Florida, in designating the Grand Staircase- H.R. 1054: Mr. PACKARD and Mr. TORRES. Mr. WICKER, Mr. CRAMER, Mr. MCDADE, Mr. Escalante National Monument; urging Con- H.R. 1059: Mr. COLLINS and Mr. EWING. HASTERT, Mr. DAVIS of Illinois, Ms. gress to require negotiation with the States H.R. 1063: Mr. DAVIS of Virginia, Mr. BE- DELAURO, Mr. BOYD, Mr. MARTINEZ, and Mr. and a stronger consideration of the social REUTER, Mr. COLLINS, Mr. SHADEGG, and Mr. DEUTSCH. and economic consequences in the designa- HUTCHINSON. H.R. 1541: Mrs. MALONEY of New York, Mr. tion of national monuments and wilderness H.R. 1072: Ms. WOOLSEY, Ms. LOFGREN, and PORTER, Mr. KLUG, and Mr. FORD. areas; and requiring the Secretary of State Ms. BROWN of Florida. H.R. 1542: Mr. BILBRAY. to transmit copies of the Grand Staircase- H.R. 1114: Mr. FILNER, Mr. WEXLER, and Mr. H.R. 1592: Mrs. FOWLER and Mr. TRAFICANT. Escalante National Monument Resolution; WALSH. H.R. 1604: Mr. STUPAK. to the Committee on Resources. H.R. 1120: Mr. CARDIN and Mr. LAFALCE. H.R. 1614: Mr. SNYDER. 130. Also, a memorial of the Legislature of H.R. 1126: Mr. COOK, Mr. MENENDEZ, and H.R. 1620: Mr. EHRLICH and Mr. MCCOLLUM. the State of Oregon, relative to Senate Con- Mr. HOSTETTLER. H.R. 1628: Mr. FAZIO of California, Mr. current Resolution 8 urging the Congress of H.R. 1134: Ms. DANNER, Mr. BORSKI, Mr. LEVIN, Ms. DUNN of Washington, Mr. BENT- the United States to continue the operation GUTKNECHT, Ms. SLAUGHTER, Mr. GREEN- SEN, Ms. PELOSI, Ms. JACKSON-LEE, Ms. of and reverse the decision to close the WOOD, Mr. TAUZIN, Mr. THOMPSON, Mr. CHRISTIAN-GREEN, Mr. ROTHMAN, and Mr. Astoria Weather Station; to the Committee DEUTSCH, Mr. SKAGGS, and Mr. KINGSTON. ENGLISH of Pennsylvania. on Science. H.R. 1140: Mr. COBLE. H.R. 1631: Mr. FILNER, Mr. SESSIONS, Mr. f H.R. 1166: Mr. BORSKI, Mr. MOAKLEY, Mr. TOWNS, Mr. WATTS of Oklahoma, and Mr. BLAGOJEVICH, Mr. BARCIA of Michigan, Mr. FROST. PRIVATE BILLS AND BONO, Mr. GOODLING, Mr. PRICE of North H.R. 1658: Mr. DELAHUNT. RESOLUTIONS Carolina, Mr. SKELTON, Mr. GEJDENSON, and H.R. 1679: Mr. HOYER. Mr. DOOLITTLE. H.R. 1689: Mr. DEAL of Georgia, Mr. KLECZ- Under clause 1 of rule XXII: H.R. 1173: Mr. BLAGOJEVICH, Mr. RUSH, Mr. KA, Mr. PICKETT, and Mr. HASTERT. Mr. RAHALL introduced a bill (H.R. 1860) PAYNE, Mr. KENNEDY of Massachusetts, Mr. H.R. 1698: Mr. BECERRA, Mr. DELLUMS, Ms. for the relief of certain Persian Gulf evacu- MCCRERY, Mr. FRANK of Massachusetts, Mrs. PELOSI, Ms. LOFGREN, Mr. GONZALEZ, Mr. ees; which was referred to the Committee on MEEK of Florida, Mr. DAVIS of Virginia, Mr. HINCHEY, Mr. MATSUI, and Mr. MILLER of the Judiciary. MCDERMOTT, Mr. WATT of North Carolina, California. f Mrs. MCCARTHY of New York, Ms. PELOSI, H.R. 1706: Mr. RUSH, Ms. JACKSON-LEE, Ms. Mr. TIERNEY, Mr. PETERSON of Minnesota, LOFGREN, Mr. ACKERMAN, Mr. FROST, Ms. ADDITIONAL SPONSORS Mr. MORAN of Virginia, Ms. DELAURO, Mrs. EDDIE BERNICE JOHNSON of Texas, Mr. HAST- KENNELLY of Connecticut, Mr. GEJDENSON, INGS of Florida, and Mr. ENGLISH of Penn- Under clause 4 of rule XXII, sponsors and Mr. ADAM SMITH of Washington. sylvania. were added to public bills and resolu- H.R. 1203: Mr. CALVERT. H.R. 1716: Mr. SHAYS and Mr. FAWELL. tions as follows: H.R. 1231: Ms. SLAUGHTER. H.R. 1725: Mr. BORSKI. June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3661

H.R. 1732: Mr. SANDERS, Ms. CHRISTIAN- (b) FIELD RELATED TO OCEAN, COASTAL, AND ‘‘(iii) to the maximum extent consistent GREEN, Mr. FILNER, and Mr. GUTIERREZ. GREAT LAKES RESOURCES.—Section 203(4) (33 with the other provisions of this subpara- H.R. 1764: Mr. PAUL. U.S.C. 1122(4)) is amended to read as follows: graph, provide a stable base of funding for H.R. 1773: Mrs. MEEK of Florida and Mr. ‘‘(4) The term ‘field related to ocean, coast- the institutions; and CUNNINGHAM. al, and Great Lakes resources’ means any ‘‘(C) ensure compliance by the institutions H.R. 1776: Mr. FRELINGHUYSEN and Mr. SAN- discipline or field, including marine affairs, with the guidelines for merit review pub- FORD. resource management, technology, edu- lished pursuant to section 207(b)(2).’’. H.R. 1812: Mr. BURTON of Indiana and Mr. cation, or science, which is concerned with SEC. 6. DUTIES OF SEA GRANT INSTITUTIONS. ROHRABACHER. or likely to improve the understanding, as- Section 204 (33 U.S.C. 1123) is amended by H.J. Res. 47: Mr. LAMPSON, Mr. BERMAN, sessment, development, utilization, or con- adding at the end the following new sub- and Mr. REYES. servation of ocean, coastal, and Great Lakes section: H.J. Res. 79: Mr. GIBBONS, Mr. HOSTETTLER, resources.’’. ‘‘(e) DUTIES OF THE SEA GRANT INSTITU- and Mr. BURTON of Indiana. (c) SECRETARY.— TIONS.—Subject to any regulations or guide- H. Con. Res. 10: Mr. MILLER of Florida, Mr. (1) IN GENERAL.—Section 203(13) (33 U.S.C. lines promulgated by the Secretary, it shall INCHEY, and Mr. STUPAK. H be the responsibility of each sea grant insti- H. Con. Res. 13: Mr. EWING, Mrs. EMERSON, 1122(13)) is amended to read as follows: tution to— Mr. TURNER, Mr. WAXMAN, and Mr. SCOTT. ‘‘(13) The term ‘Secretary’ means the Sec- ‘‘(1) develop and implement, in consulta- H. Con. Res. 60: Mr. PALLONE, Mr. SENSEN- retary of Commerce, acting through the BRENNER, Mr. WELLER, Mr. HASTERT, Mr. FOX Under Secretary of Commerce for Oceans and tion with the Secretary and the panel estab- of Pennsylvania, Mr. ETHRIDGE, Mr. Atmosphere.’’. lished under section 209, a program that is LARGENT, Mr. FROST, Mr. ANDREWS, and Mr. (2) CONFORMING AMENDMENTS.—The Act is consistent with the guidelines and priorities HUTCHINSON. amended— developed under section 204(a); and H. Con. Res. 88: Mr. MENENDEZ. (A) by striking section 203(15) (33 U.S.C. ‘‘(2) conduct merit review of all applica- H. Con. Res. 89: Mr. MCDERMOTT, Mr. 1122(15)); tions for project grants or contracts to be OLVER, and Mr. HOUGHTON. (B) in section 209(b) (33 U.S.C. 1128(b)), as awarded under section 205.’’. H. Con. Res. 91: Mr. DAVIS of Illinois. amended by this Act, by striking ‘‘, the SEC. 7. REPEAL OF SEA GRANT INTERNATIONAL H. Res. 15: Mr. EVANS. Under Secretary,’’; and PROGRAM. H. Res. 122: Mr. FOX of Pennsylvania. (C) by striking ‘‘Under Secretary’’ every (a) REPEAL.—Section 3 of the Sea Grant f other place it appears and inserting ‘‘Sec- Program Improvement Act of 1976 (33 U.S.C. retary’’. 1124a) is repealed. (b) CONFORMING AMENDMENT.—Section DELETIONS OF SPONSORS FROM SEC. 4. CONSULTATIONS REGARDING LONG- PUBLIC BILLS AND RESOLUTIONS RANGE PLANNING GUIDELINES AND 209(b)(1) (33 U.S.C. 1128(b)(1)) is amended by striking ‘‘and section 3 of the Sea Grant Pro- Under clause 4 of rule XXII, sponsors PRIORITIES AND EVALUATION. Section 204(a) (33 U.S.C. 1123(a)) is amended gram Improvement Act of 1976’’. were deleted from public bills and reso- in the last sentence by inserting after ‘‘The SEC. 8. DESIGNATION OF SEA GRANT INSTITU- lutions as follows: Secretary’’ the following: ‘‘, in consultation TIONS. H.R. 1559: Mrs. LINDA SMITH of Washington with the sea grant institutions and the panel Section 207 (33 U.S.C. 1126) is amended to and Mrs. EMERSON. established under section 209,’’. read as follows: f SEC. 5. DUTIES OF DIRECTOR. ‘‘SEC. 207. SEA GRANT COLLEGES AND SEA Section 204(c) (33 U.S.C. 1123(c)) is amended GRANT REGIONAL CONSORTIA. ‘‘(a) DESIGNATION.—The Secretary may des- PETITIONS, ETC. to read as follows: ignate an institution of higher learning as a ‘‘(c) DUTIES OF DIRECTOR.— Under clause 1 of rule XXII, petitions sea grant college, and an association or alli- and papers were laid on the clerk’s ‘‘(1) IN GENERAL.—The Director shall ad- minister the National Sea Grant College ance of two or more persons as a sea grant desk and referred as follows: Program subject to the supervision of the regional consortium, if the institution, asso- 17. The SPEAKER presented a petition of Secretary. In addition to any other duty pre- ciation, or alliance— the Board of Supervisors, County of Santa scribed by law or assigned by the Secretary, ‘‘(1) is maintaining a balanced program of Barbara, California, relative to a vote of sup- the Director shall— research, education, training, and advisory services in fields related to ocean, coastal, port for S.615 by Senator John H. CHAFEE ‘‘(A) advise the Secretary with respect to and H.R.761 by Representative Barney Frank the expertise and capabilities which are and Great Lakes resources; at their regular session; jointly to the Com- available within or through the National Sea ‘‘(2) will cooperate with other sea grant in- mittees on Ways and Means and Agriculture. Grant College Program, and provide (as di- stitutions and other persons to solve prob- lems or meet needs relating to ocean, coast- f rected by the Secretary) those which are or could be of use to other offices and activities al, and Great Lakes resources; AMENDMENTS within the Administration; ‘‘(3) will act in accordance with such guide- lines as are prescribed under subsection Under clause 6 of rule XXIII, pro- ‘‘(B) encourage other Federal departments, agencies, and instrumentalities to use and (b)(2); posed amendments were submitted as ‘‘(4) meets such other qualifications as the follows: take advantage of the expertise and capabili- ties which are available through the Na- Secretary, in consultation with the sea grant H.R. 437 tional Sea Grant College Program, on a co- review panel established under section 209, OFFERED BY: MR. SAXTON operative or other basis; considers necessary or appropriate; and (Amendment in the Nature of a Substitute) ‘‘(C) encourage cooperation and coordina- ‘‘(5) is recognized for excellence in marine tion with other Federal programs concerned resources development and science. AMENDMENT NO. 1: Strike all after the en- ‘‘(b) REGULATIONS AND GUIDELINES.— with ocean, coastal, and Great Lakes re- acting clause and insert the following: ‘‘(1) IN GENERAL.—The Secretary shall by SECTION 1. SHORT TITLE. sources conservation and usage; regulation prescribe the qualifications re- This Act may be cited as the ‘‘National ‘‘(D) advise the Secretary on the designa- quired to be met under subsection (a)(4). tion of sea grant institutions and, in appro- Sea Grant College Program Reauthorization ‘‘(2) MERIT REVIEW.—Within 6 months after Act of 1997’’. priate cases, if any, on the termination or the date of enactment of the National Sea SEC. 2. AMENDMENT OF NATIONAL SEA GRANT suspension of any such designation; Grant College Program Reauthorization Act COLLEGE PROGRAM ACT. ‘‘(E) encourage the formation and growth of 1997, the Secretary, after consultation Except as otherwise expressly provided, of sea grant programs; and with the sea grant institutions, shall estab- whenever in this Act an amendment or re- ‘‘(F) oversee the operation of the National lish guidelines for the conduct of merit re- peal is expressed in terms of an amendment Sea Grant Office established under sub- view by the sea grant institutions of project to, or repeal of, a section or other provision, section (a). proposals for grants and contracts to be the reference shall be considered to be made ‘‘(2) DUTIES WITH RESPECT TO SEA GRANT IN- awarded under section 205. The guidelines to a section or other provision of the Na- STITUTIONS.—With respect to the sea grant shall, at a minimum, provide for peer review tional Sea Grant College Program Act (33 institutions, the Director shall— of all research projects and require standard- U.S.C. 1121 et seq.). ‘‘(A) evaluate the programs of the institu- ized documentation of all peer review. SEC. 3. AMENDMENTS TO DEFINITIONS. tions, using the guidelines and priorities es- ‘‘(c) SUSPENSION OR TERMINATION OF DES- (a) SEA GRANT INSTITUTION.—Section 203 tablished by the Secretary under subsection IGNATION.—The Secretary may, for cause and (33 U.S.C. 1122) is amended by adding at the (a), to ensure that the objective set forth in after an opportunity for hearing, suspend or end the following new paragraph: section 202(b) is achieved; terminate any designation under subsection ‘‘(16) The term ‘sea grant institution’ ‘‘(B) subject to the availability of appro- (a).’’. means— priations, allocate funding among the sea SEC. 9. AUTHORIZATIONS OF APPROPRIATIONS. ‘‘(A) any sea grant college or sea grant re- grant institutions so as to— (a) GRANTS, CONTRACTS, AND FELLOW- gional consortium, and ‘‘(i) promote healthy competition among SHIPS.—Section 212(a) (33 U.S.C. 1131(a)) is ‘‘(B) any institution of higher education, those institutions, amended to read as follows: institute, laboratory, or State or local agen- ‘‘(ii) promote successful implementation of ‘‘(a) AUTHORIZATION.— cy conducting a sea grant program with the programs developed by the institutions ‘‘(1) IN GENERAL.—There is authorized to be amounts provided under this Act.’’. under subsection (e), and appropriated to carry out this Act— H3662 CONGRESSIONAL RECORD — HOUSE June 10, 1997 ‘‘(A) $54,300,000 for fiscal year 1998; (1) Section 203(3) (33 U.S.C. 1122(3)) is (2) Mr. Choephel is a Tibetan national ‘‘(B) $55,400,000 for fiscal year 1999; and amended by striking ‘‘the term’’ and insert- whose family fled Chinese oppression to live ‘‘(C) $56,500,000 for fiscal year 2000. ing ‘‘The term’’. in exile in India in 1968. ‘‘(2) ZEBRA MUSSEL AND OYSTER DISEASE RE- (2) Section 203(6) (33 U.S.C. 1122(6)) is (3) Mr. Choephel studied ethnomusicology SEARCH.—Of the amount authorized for a fis- amended by moving subparagraph (F) 2 ems at Middlebury College in Vermont as a Ful- cal year under paragraph (1)— to the right, so that the left margin of sub- bright Scholar, and at the Tibetan Institute ‘‘(A) up to $2,800,000 of the amount may be paragraph (F) is aligned with the left margin of Performing Arts in Dharamsala, India. made available as provided in section of subparagraph (E). (4) Mr. Choephel returned to Tibet in July 1301(b)(4)(A) of the Nonindigenous Aquatic (3) The heading for section 204 (33 U.S.C. 1995 to prepare a documentary film about Nuisance Prevention and Control Act of 1990 1124) is amended to read as follows: traditional Tibetan performing arts. (16 U.S.C. 4741(b)(4)(A)) for competitive ‘‘SEC. 204. NATIONAL SEA GRANT COLLEGE PRO- (5) Mr. Choephel was detained in August grants for university research on the zebra GRAM.’’. 1995 by the Chinese authorities and held in- mussel; and (4) Section 209 (33 U.S.C. 1128) is amended communicado for over a year before the Gov- ‘‘(B) up to $2,000,000 of the amount may be by striking all of the matter that follows the ernment of the People’s Republic of China made available for competitive grants for first full sentence through ‘‘shall advise’’, admitted to holding him, and finally charged university research on oyster disease.’’. and inserting ‘‘(b) DUTIES.—The panel shall him with espionage in October 1996. (b) ADMINISTRATION.—Section 212(b) (33 advise’’. (6) There is no evidence that Mr. U.S.C. 1131(b)) is amended— (5) Section 205(b)(3) (33 U.S.C. 1124(b)(3)) is Choephel’s activities in Tibet involved any- (1) by striking so much as precedes para- amended by striking ‘‘or section 206’’. thing other than purely academic research. graph (2) and inserting the following: (6) Section 204(d)(1) (33 U.S.C. 1123(d)(1)) is (7) The Government of the People’s Repub- ‘‘(b) ADMINISTRATION.— amended— lic of China denies Tibetans their fundamen- ‘‘(1) LIMITATION.—Of the amount appro- (A) by striking ‘‘five positions’’ and insert- tal human rights, as reported in the State priated for each fiscal year under subsection ing ‘‘one position’’; and Department’s Country Reports on Human (a), an amount, not exceeding 5 percent of (B) by striking ‘‘the maximum rate for GS– Rights Practices, and by human rights orga- the lesser of the amount authorized under 18 of the General Schedule under section nizations, including Amnesty International subsection (a) for the fiscal year or the 5332’’ and inserting ‘‘a rate established by and Human Rights Watch, Asia. amount appropriated under subsection (a) for the Secretary, not to exceed the maximum (8) The Government of the People’s Repub- the fiscal year, may be used for the adminis- daily rate payable under section 5376’’. lic of China is responsible for the destruction tration of this Act, including section 209, by (b) CONFORMING AMENDMENTS.— of much of Tibetan civilization since its in- the National Sea Grant Office and the Ad- (1) Section 204(b)(2) (33 U.S.C. 1123(b)(2)) is vasion of Tibet in 1949. ministration.’’; amended by striking ‘‘maximum rate for GS– (9) The arrest of a Tibetan scholar such as (2) in paragraph (2)— 18’’ and all that follows through the end of Mr. Choephel, who worked to preserve Ti- (A) by striking ‘‘subsections (a) and (c)’’ the sentence and inserting ‘‘maximum rate betan culture, reflects the systematic at- and inserting ‘‘subsection (a)’’; and payable under section 5376 of title 5, United tempt by the Government of the People’s Re- (B) by striking ‘‘(2)’’ and inserting ‘‘(2) States Code.’’. public of China to repress cultural expression LIMITATION ON USE OF OTHER AMOUNTS.—’’; (2) Section 209 (33 U.S.C. 1128) is amended— in Tibet. and (A) in subsection (b)(3) by striking ‘‘col- (10) The Government of the People’s Re- (3) by moving paragraph (2) 2 ems to the leges and sea grant regional consortia’’ and public of China, through direct and indirect right, so that the left margin of paragraph inserting ‘‘institutions’’; and incentives, has established discriminatory (2) is aligned with the left margin of para- (B) in subsection (c)(1) in the last sentence development programs which have resulted graph (1), as amended by paragraph (1) of in clause (A) by striking ‘‘college, sea grant in an overwhelming flow of Chinese immi- this subsection. regional consortium,’’ and inserting ‘‘insti- grants into Tibet, including those areas in- (c) REPEAL.—Section 212 (33 U.S.C. 1131) is tution’’. corporated into the Chinese provinces of amended by repealing subsection (c) and re- (c) TECHNICAL AMENDMENT.—Section Sichuan, Yunnan, Gansu, and Quinghai, and designating subsections (d) and (e) in order 209(c)(5)(A) (33 U.S.C. 1128(c)(5)(A)) is amend- have excluded Tibetans from participation in as subsections (c) and (d). ed by striking ‘‘the daily rate for GS–18 of important policy decisions, which further (d) PROHIBITION ON LOBBYING; NOTICE OF the General Schedule under section 5332 of threatens traditional Tibetan life. REPROGRAMMING OR REORGANIZATION.—Sec- title 5, United States Code’’ and inserting ‘‘a (11) The Government of the People’s Re- tion 212 (33 U.S.C. 1131), as amended by sub- rate established by the Secretary, not to ex- public of China withholds meaningful par- section (c) of this section, is further amended ceed the maximum daily rate payable under ticipation in the governance of Tibet from by adding at the end the following: section 5376 of title 5, United States Code’’. Tibetans and has failed to abide by its own ‘‘(e) PROHIBITION OF LOBBYING ACTIVITIES.— constitutional guarantee of autonomy for Ti- H.R. 1757 None of the funds authorized by this section betans. shall be available for any activity whose pur- OFFERED BY: MR. PAYNE (12) The Dalai Lama of Tibet has stated his pose is to influence legislation pending be- AMENDMENT NO. 7: At the end of the bill willingness to enter into negotiations with fore the Congress, except that this sub- add the following (and conform the table of the Chinese and has repeatedly accepted the section shall not prevent officers or employ- contents accordingly): framework Deng Xiaoping proposed for such ees of the United States or of its depart- TITLE XVIII—MISCELLANEOUS negotiations in 1979. ments or agencies from communicating to PROVISIONS (13) The United States Government has not Members of Congress on the request of any SEC. 1801. ASSISTANCE TO THE DEMOCRATIC RE- developed an effective plan to win support in Member or to Congress, through the proper PUBLIC OF CONGO. international fora, such as the United States channels, requests for legislation or appro- Notwithstanding section 620(q) of the For- Commission on Human Rights, to bring priations which they deem necessary for the eign Assistance Act of 1961 or any other pro- international pressure to bear on the Gov- efficient conduct of the public business. vision of law, assistance under chapter 1 of ernment of the People’s Republic of China to ‘‘(f) NOTICE OF REPROGRAMMING.—If any part I of the Foreign Assistance Act of 1961 improve human rights and to negotiate with funds authorized by this section are subject (relating to development assistance) and the Dalai Lama. to a reprogramming action that requires no- under chapter 10 of part I of such Act (relat- (14) The Chinese have displayed provoca- tice to be provided to the Appropriations ing to the Development Fund for Africa) may tive disregard for the concerns of the United Committees of the House of Representatives be made available for the Democratic Repub- States by arresting and sentencing promi- and the Senate, notice of such action shall lic of Congo. nent dissidents in close proximity to visits concurrently be provided to the Committees H.R. 1757 to China by senior United States Govern- on Science and Resources of the House of ment officials. Representatives and the Committee on Com- OFFERED BY: MR. SANDERS (15) The United States Government policy merce, Science, and Transportation of the AMENDMENT NO. 8: After title XVII insert seeks to foster negotiations between the Senate. the following new title: Governments of the People’s Republic of ‘‘(g) NOTICE OF REORGANIZATION.—The Sec- TITLE XVIII—SENSE OF CONGRESS RE- China and the Dalai Lama, and processes retary shall provide notice to the Commit- GARDING THE IMPRISONMENT OF China to respect Tibet’s unique religious, tees on Science, Resources, and Appropria- NGAWANG CHOEPHEL IN CHINA linguistic, and cultural traditions. tions of the House of Representatives, and SEC. 1801. SENSE OF CONGRESS REGARDING THE (b) SENSE OF CONGRESS.—It is the sense of the Committees on Commerce, Science, and IMPRISONMENT OF NGAWANG the Congress that— Transportation and Appropriations of the CHOEPHEL IN CHINA. (1) Ngawang Choephel and other prisoners Senate, not later than 15 days before any (a) FINDINGS.—The Congress makes the fol- of conscience in Tibet, as well as in China, major reorganization of any program, lowing findings: should be released immediately and uncondi- project, or activity of the National Sea (1) The Chinese Government sentenced tionally; Grant College Program.’’. Ngawang Choephel to an 18-year prison term (2) to underscore the gravity of this mat- SEC. 10. CLERICAL, CONFORMING, AND TECH- plus 4 years subsequent deprivation of his po- ter, in all official meetings with representa- NICAL AMENDMENTS. litical rights on December 26, 1996, following tives of the Government of the People’s Re- (a) CLERICAL AMENDMENTS.— a secret trial. public of China, United States officials June 10, 1997 CONGRESSIONAL RECORD — HOUSE H3663 should request Mr. Choephel’s immediate gotiations with the Dalai Lama, until those ing students of the Tibetan Institute of Per- and unconditional release; situations in China and Tibet improve sub- forming Arts and appropriate educational in- stantially; stitutions in the United States; and (3) the United States Government should (4) the United States Department of State sponsor and promote a resolution at future should advise American citizens that Tibet is (6) the United States Government should meetings of the United Nations Commission not currently a safe destination for Amer- seek access for internationally recognized on Human Rights and other appropriate ican travelers; human rights groups to monitor human international fora regarding China and Tibet (5) an exchange program should be estab- rights in Tibet. which specifically political prisoners and ne- lished in honor of Ngawang Choephel, involv- E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, JUNE 10, 1997 No. 80 Senate The Senate met at 11 a.m., and was SCHEDULE The PRESIDENT pro tempore. The called to order by the President pro Mr. THOMAS. Mr. President, on be- bills will be placed on the calendar tempore [Mr. THURMOND]. half of the majority leader, today the under general orders. Senate will be in a period of morning Mr. THOMAS. Mr. President, I sug- PRAYER business until the hour of 12:30 p.m., gest the absence of a quorum. The PRESIDENT pro tempore. The The Chaplain, Dr. Lloyd John with Senators to speak up to 5 minutes Ogilvie, offered the following prayer: clerk will call the roll. each, with the exception of three Sen- The assistant legislative clerk pro- Listen to this remarkable promise ators. Under a previous consent agree- ceeded to call the roll. from the Prophet Isaiah: ment, from 12:30 until 2:15 p.m. the (Mr. THOMAS assumed the chair.) Then you shall call and the Lord will Senate will be in recess to allow the Mr. DORGAN. Mr. President, I ask answer; you shall cry, and he will say, weekly policy luncheons to meet. At unanimous consent that the order for ‘‘Here I am.’’—Isaiah 58:9. 2:30 today, it is the hope of the major- the quorum call be rescinded. Let us pray. ity that the Senate will be able to dis- The PRESIDING OFFICER (Mr. Almighty God, You also said through charge from the Labor Committee and HAGEL). Without objection, it is so or- the Prophet Isaiah that when we call, begin consideration of S. 419, the Birth dered. You will answer and while we are Defects Prevention Act. This legisla- f speaking You will hear—Isaiah 65:24. tion is not controversial. It is hoped We thank You that prayer begins with that the Senate will be able to consider DISASTER RELIEF BILL You. It originates in Your heart, and pass this important bill in a short Mr. DORGAN. Mr. President, those sweeps into our hearts, and gives us the period of time. Senators can therefore who are watching the activities of the boldness to ask what You desire to expect rollcall votes during today’s ses- Congress now understand that the Con- give. sion of the Senate. As always, Members gress, after some delay, passed a dis- Today, may constant conversation will be notified accordingly as any aster bill to provide disaster relief to with You hone the desires of our hearts votes are ordered with respect to any victims, especially the victims of the until they are Your desires for us and legislation or executive matters blizzards and the floods in South Da- for our work together. Then, dear Fa- cleared for action. kota, North Dakota, and Minnesota, ther, grant us the desires of our hearts. I thank the Members for their atten- but to provide disaster relief on a much May our human understanding be sur- tion. broader scale to those who have been passed by Your gift of supernatural f victims of disaster in many States knowledge, our inadequate judgment around the country. MEASURES PLACED ON with Your omniscient wisdom, and our The Congress did something different CALENDAR—H.R. 1000, H.R. 908 limited expectations with Your pro- this time on disaster relief. In this cir- pitious plans for us. We yield our Mr. THOMAS. I understand there are cumstance, on this disaster relief bill, minds, hearts, wills, and imaginations two bills, Mr. President, due for their which is called a supplemental appro- to be channels for the flow of Your di- second reading, and I would ask that priations bill, the Congress decided to vine guidance. they be read consecutively. attach some very controversial provi- Bless the Senators in the decisions The PRESIDENT pro tempore. The sions that don’t have any relationship they must make and the votes they clerk will read the bills for the second to the bill, that are totally extraneous, will cast. Give them, and all of us who time. unrelated to the disaster bill. They at- work with them, Your strength to en- The assistant legislative clerk read tached these provisions that weeks ago dure and Your courage to triumph in as follows. the President said he would not accept. things great and small that we attempt A bill (H.R. 1000) to require States to es- The result was the disaster bill be- tablish a system to prevent prisoners from came a political vehicle asking flood for the good of all. In Your holy name. being considered part of any household for Amen. victims and disaster victims to wait: purposes of determining eligibility of the ‘‘Hold on over there, we’re going to household for food stamp benefits. f have a political exercise on the dis- A bill (H.R. 908) to establish a Commission aster bill.’’ And, in fact, this weekend, RECOGNITION OF THE ACTING on Structural Alternatives for the Federal following the passage of the disaster MAJORITY LEADER Courts of Appeals. bill by the Congress last Thursday The PRESIDENT pro tempore. The Mr. THOMAS. Mr. President, I object night, instead of sending the disaster able acting majority leader is recog- to further proceeding on either of these bill to the President then, this week- nized. bills at this time. end it was held over in the House of

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

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VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5432 CONGRESSIONAL RECORD — SENATE June 10, 1997 Representatives, and then the Repub- It is interesting to me that during and mud, everything in their life lican National Committee went on paid the course of our history, time and washed away—the wedding pictures, radio ads in North Dakota, for exam- time again, without exception, we have everything, it’s gone—and then to have ple, to make a political issue of this so said we are going to waive the rules, we to tell them, ‘‘I’m sorry, another week that the bill could be sent down to the are going to drop the politics, we are has gone by and Congress has not met President on Monday, so that they just going to focus on helping people. its responsibility.’’ would hope the President would pay a We aren’t going to ask them whether I salute my colleagues. Let us hope political price for vetoing the bill. they are rich or poor, Democrat or Re- that just for one brief shining moment I don’t care about one or the other. I publican, Independent; it doesn’t make that this body will rise above politics don’t care about this side, that side, any difference. They are Americans, and support your effort to bring a clean your side or my side. What I care about they are neighbors, they are in need. disaster bill to the table, pass it today, are disaster victims, and disaster bills Let us get on with the business of pass it in the House, move it on to the ought not be the product of political being a nation of people who care about President and get it signed this games. In any event, I ask those who those in need. Why then are we going evening. We can then say to the people would construct a political strategy on through this exercise? Why haven’t we huddled in those shelters worried about the disaster bill, how on Earth could passed the disaster bill to help the vic- their future and what they have been you construct a strategy by which ev- tims of the flood in North Dakota and through that we have met our responsi- erybody loses? What kind of a political South Dakota and Minnesota, and bility. I thank the Senator. game is that, a game in which you have other places? Unfortunately, it is be- Mr. DORGAN. Let me make two ad- constructed an approach so that every- cause some of the leaders here believe ditional points—— one loses, most especially, the losers that this is the kind of bill that puts The PRESIDING OFFICER. The Sen- are the victims of a disaster? Thou- pressure on the President. Send him a ator from North Dakota has 2 minutes, sands of them this morning who woke bill that he has to sign, like a disaster 15 seconds remaining. up not in their own homes, because bill, and then like a Christmas tree, Mr. DORGAN. Let me make two ad- their homes are destroyed, but woke up put on these ornaments, little things ditional points before I propound the in neighbors’ homes, in a neighboring totally unrelated to disasters. ‘‘Let’s unanimous-consent request. I ask city, relatives’ homes, a shelter, a tent, send this to him and, boy, we’ll force unanimous consent for an additional 2 a camper trailer. That is where they his hand. No President is going to veto minutes. are living. They are the first victims of a disaster bill with homeless people. The PRESIDING OFFICER. Without a strategy that plays politics with dis- We will force him. We will put a provi- objection, it is so ordered. aster relief, but there are others. sion in there that says we are going to Mr. DORGAN. Mr. President, let me The other losers are all the folks in violate the budget agreement, we are read an editorial from this morning’s the political system. There are no win- going to set up a new standard here for Fargo Forum, North Dakota’s largest ners here, only losers, and the biggest funding agencies.’’ newspaper in the Red River Valley. It losers are those who can least afford it: What does that have to do with dis- is, in most cases, a conservative voice. victims of this disaster. aster assistance? If you were out of Here is what they say about what is I intend, in just a moment, to ask your home, if you had seen all of your going on, how they observe what is unanimous consent to call up a bill Earthly belongings inundated with a going on in Congress: that I introduced in the Senate yester- flood, if you and your kids were The result [of all of this] is to aggravate day. It is identical to the bill that Con- huddled in some shelter, would you the tragedy of the flood by extending uncer- gress passed providing disaster relief, really want the Congress of the United tainty about relief. Last week, community leaders from Grand Forks and East Grand except for two things. It takes out the States of America to get involved in Forks, Minnesota—many of them longtime, two major controversial provisions to this kind of political gamesmanship? loyal Republicans—urged Congress to quit which the President objects. I say, by Even worse, there is a provision in fooling around with the lives of flood vic- doing this, let’s pass a clean disaster this bill that relates to the taking of tims. Clean up the disaster bill, they said, so bill, pass it now, get it to the Presi- the census. Boy, there’s a real timely the president can sign it. dent, get it signed and get disaster re- emergency; we better get on this one. Their words were ignored. Instead, Repub- lief to the victims who so desperately Shoot, take a look, it is only 36 months lican congressional leaders and the two gov- from now that we are going to have to ernors tried to shift the blame for delays on need it. the president. In a callous display of partisan Mr. DURBIN. Will the Senator yield? deal with it; 36 months away we are arrogance, they said his veto would be the Mr. DORGAN. I will be happy to supposed to take the census. The Re- delay, not the amendments. yield for a question. publican leadership said, ‘‘Let’s put a It won’t fly here in the Red River Valley— The PRESIDING OFFICER. The Sen- provision in this bill that will force the The Fargo Forum says— ator from Illinois. hand of the Federal Government when where people are trying to put their homes, Mr. DURBIN. Mr. President, let me it comes to taking the census.’’ businesses and lives back together. say to my colleague, I can, as said by This is sad. This is really sad for so The president made it clear weeks ago: Un- the President, feel your pain here, be- many people who have been victimized less the disaster aid bill was clean, he would cause in 1993, my congressional district by this flood to now be victimized by veto it. Nevertheless, Republican leaders was inundated in a Midwestern flood. politics on Capitol Hill. And it is out- fouled up the legislation with unrelated rid- ers, knowing the president’s veto was cer- There are many natural disasters rageous. Senator DORGAN is correct, let which can befall America and a family. tain. So instead of considering the crucial us not violate the standard which we needs of valley flood victims, they opted for One of the most insidious is a flood. It have established which says when there a purely partisan agenda. The onus is on just never goes away. Some disasters is a disaster and a need in America, we them. strike quickly, with a tornado or an will rally behind the victims, our Apologists for the GOP leadership insists earthquake or fire, and by the next neighbors, our fellow Americans re- adding unrelated matters to popular bills is day, people are starting to reassemble gardless of party label, regardless of routine. Maybe so. their lives and clean up the mess and agenda. But the flood of this century in the valley put it behind them. A flood lingers, and is not routine. A disaster of such magnitude We are losing it in this debate be- is not routine. The pain and destruction are as it lingers, I have watched family cause the Republican leadership insists not routine. The short construction season after family in my district reach a on amendments to this bill which have for rebuilding is not routine. Surely, the level of depression, then desperation. nothing to do—nothing to do—with dis- least flood victims can expect is for Congress About the only thing that sustains aster victims. to put aside its routine nonsense when cir- them is not only all of the good neigh- I salute my colleague for his efforts. cumstances are this extraordinary. bors and volunteers who come to their I tell you, I have been there, and I This from the Fargo Forum, not a assistance, but the belief that this Na- know what it means to go home week- liberal newspaper, normally speaking tion stands behind them; that, as a end after weekend and see these fami- for conservatives. family, America says, ‘‘We will come lies struggling, looking at homes that Finally, this point. There are those to your aid, too. We will assist you.’’ have been inundated with floodwater here who say it doesn’t matter that we

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5433 have messed around with this bill be- The PRESIDING OFFICER. The Sen- sity in 1963, really I think dem- cause there is money in the pipeline; ator is correct. onstrated a vision of the future which no one is being disadvantaged. I heard Mr. HARKIN. I thank the Chair. no one believed at the time was really them spin that yarn for weeks. Mr. President, first, I rise on another within our reach. We expect leaders in We kid people in our part of the topic, but I want to say to the Senator America to challenge us, to think country about whoppers. You know the from North Dakota that I fully ahead, and to think of a different whoppers: Yes, I won this belt buckle empathize and sympathize with him on world, a better world. Certainly Presi- in a rodeo riding bulls; my pickup his position. The flood about which my dent Kennedy did that at American truck’s paid for. Now I heard this other colleague from Illinois spoke a few University. whopper: There’s money in the pipe- minutes ago is the same flood that dev- In the midst of the cold war, when it line. Tell that to the folks in Grand astated Iowa in 1993. This Congress and was starting to heat up with nuclear Forks. the President came to the assistance of missiles being built at great expense in There is a woman living in a tent the people of Iowa in a very rapid the Soviet Union and the United right now in Grand Forks with her measure. To this day, the people of States, President Kennedy challenged family. There was a woman in the Iowa talk about how rapidly the funds the United States to think of the vi- newspaper yesterday, she and her fam- got out there, the Government was sion of a world that was a world of ily are out of work and have been out there to help. And the same thing peace, a world where the leaders in of their home for 5 weeks living in a should apply to any disaster anywhere. countries like the United States and camper trailer, and they don’t know And it should apply in North Dakota Russia would be focusing their re- when they are going to get back to also. sources on good and positive things their home and she doesn’t know when I want to say to my colleague from rather than weapons of mass destruc- she will have another job. Tell it to North Dakota, he is right on the mark. tion. them, that there is money in the pipe- This legislation ought to get through. We have tried through the Com- line. The money ought to be sent out with- prehensive Test Ban Treaty to reach a Better yet, get on a plane and go out out all these other political ramifica- milestone on the road to the total abo- there and try to live on that money in tions. So I appreciate the Senator from lition of nuclear weapons. This treaty the pipeline. The money doesn’t exist North Dakota. Again, his position is prohibits all nuclear weapons test ex- except in this bill, and the bill must the correct one. We ought to get the plosions or other nuclear explosions get passed and must be a clean bill so money through here. And we should anywhere in the world. It is verifiable. We have a global net- this aid goes to disaster victims, and it not be loading it down with political work of monitoring facilities and on- ought to be done now. It can be done considerations. site inspections to make sure that each simply. I introduced a bill yesterday, f country lives up to its terms. and I will call it up now by unanimous THE COMPREHENSIVE TEST BAN President Bush, obviously a Repub- consent, and if there is objection, it TREATY AND THE 34TH ANNI- lican leader, initiated a test morato- means the Congress will not allow a VERSARY OF PRESIDENT KEN- rium in October 1992. President Clinton clean disaster bill to pass. If not now, NEDY’S CALL FOR THE VIG- continued it, and then signed the Com- when? OROUS PURSUIT OF PEACE prehensive Test Ban Treaty last year, Let me call up a clean disaster bill along with 125 other world leaders. It Mr. HARKIN. Mr. President, I take where we take out the census issue and has been endorsed by the United Na- the floor today with a couple of my col- the Government shutdown issue and tions. Now it must be ratified by the leagues to note a very important anni- send this bill, as it was written by the United States. The Senate must put its versary. Congress, to the President for signa- approval on this notion that we are Mr. President, 34 years ago today, on ture. going to eliminate nuclear weapons June 10, 1963, President John F. Ken- Mr. President, I ask unanimous con- testing as part of a global plan to bring nedy delivered a historic address at sent to proceed to Calendar No. 18, H.R. real peace to this world. Forty-three American University here in Wash- 581, and that all after the enacting other nuclear-capable countries must ington, DC, regarding the need for the clause be stricken and the text of S. face that same responsibility. 851, the clean disaster bill, be sub- vigorous pursuit of peace. He declared Why should we do this at this point stituted in lieu thereof; that the bill be that the United States has a critical in our history? Are we not making read a third time and passed; and that interest in limiting the testing of nu- enough progress? Do we really need the motion to reconsider be laid on the clear weapons. We wanted to mark that this? I think the answers to these ques- table. occasion today by talking about the tions demonstrate why we are here on The PRESIDING OFFICER. Is there need to continue that progress and to the floor speaking to this issue. The objection? bring to completion President Ken- Comprehensive Test Ban Treaty would Mr. THOMAS. There is an objection. nedy’s dream and goal of the Com- curb nuclear weapons proliferation I object. prehensive Test Ban Treaty. worldwide. The PRESIDING OFFICER. Objec- I yield at this time to my colleague What does it mean? Not just those tion is heard. from Illinois for his unanimous-consent nations currently in possession of nu- Mr. THOMAS. Mr. President, the request and for any comments he clear weapons, but those that dream— Senators both know there are negotia- wants to make. unfortunately dream—of being nuclear tions going on now. This performance I reserve the balance of my time. powers, they would be held back, too. on the floor does not help at all. Our The PRESIDING OFFICER. Is there Our monitoring devices in the test ban leaders are talking to your leaders. objection? The Senator from Illinois. treaty will be at least a discourage- They are working toward doing it. As a Mr. DURBIN. Thank you Mr. Presi- ment, if not a prohibition against their matter of fact, if you want to carry on dent. own nuclear testing to become nuclear this thing, there may be some time PRIVILEGE OF THE FLOOR powers, to join in some nuclear arms where you can do it this evening. The I ask unanimous consent that privi- race at a new level different from the fact is, this is not the way to solve the leges of the floor be granted to the fol- cold war. issue. The leaders are meeting, and I lowing members of my staff, Thomas There is another aspect of this that object to the request. Faletti and Robin Gaul during the is so troubling. Fully $1 out of every $3 Several Senators addressed the pendency of this debate. we spend each year now in the United Chair. The PRESIDING OFFICER. Without States on what we call the nuclear The PRESIDING OFFICER. The Sen- objection, it is so ordered. weapons program is money spent to ator from Iowa. Mr. DURBIN. I want to thank my clean up the mess, the environmental Mr. HARKIN. Mr. President, I under- colleague from Iowa, Senator HARKIN, degradation that is left over from our stand under a previous order that I for reminding us of this important and nuclear program. If we stopped the have 30 minutes under my control at historic anniversary. President John testing and put a halt to the construc- this time. Kennedy’s speech to American Univer- tion of these weapons, we are going to

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5434 CONGRESSIONAL RECORD — SENATE June 10, 1997 protect our environment, and future cancer, and Alzheimer’s, diabetes, Par- these deadly weapons. It would not generations will certainly be happy to kinson’s disease. Three times what we enter into force however until ratified hear that. It saves taxpayer money. are spending on this arsenal than all by all 44 states which possess nuclear And, it is supported by a majority of medical research. We are trying to power, including the five countries Americans. In fact, over 80 percent of come up with money for NIH. which have harnessed this power to the American people think it is time We had a sense-of-the-Senate resolu- make nuclear weapons. Its comprehen- for us to do this. tion last week—98 to 0—to support a siveness would reassure the 177 non- The U.S. nuclear arsenal has con- doubling of funding for NIH. That nuclear weapons states that nuclear sumed about a quarter to a third of all would bring it up to about $25 billion a proliferation is waning, thus elimi- of our defense spending since World year, not even up to this level. Yet we nating the need of these states to de- War II. I will not recount all the dol- do not have the money to even get velop their nuclear capability. lars involved; and I am sure my col- about a 4 or 5 percent increase at NIH. The Comprehensive Test Ban Treaty leagues will during the course of this I thank the Senator from Illinois for clearly has one purpose: To end the debate. But, we have put ample re- his eloquent comments. arms race and prevent the proliferation sources in this program. We must be I want to also yield to the Senator of weapons of mass destruction. It reminded over and over again of the from Rhode Island for his comments on seeks to accomplish its goal in an ob- words of President Dwight Eisenhower, this topic and thank him for being in- jective and fair manner. no dove, our leader in World War II, volved in this discussion on the floor of The membership of the executive who stood up and reminded us that the Senate. This is an important anni- council, the treaty’s principal decision- every dollar spent on weaponry, every versary. It must be noted. And we must making body, will be distributed even- dollar spent in this case on nuclear mark it as hopefully the last anniver- ly throughout the world. weaponry, is a dollar not spent on the sary in this long journey to get a Com- An international monitoring system education of a child, on nutrition for a prehensive Test Ban Treaty. will use scientific methods to detect child at risk. These are things which I just say to my friend from Rhode and identify prohibited nuclear explo- sions. A network of seismic, should be constant reminders of the Island and my friend from Illinois, that hydroacoustic, and radionuclide moni- need to resume this debate. President Kennedy during that famous Despite the end of the cold war and speech, 34 years ago today, at Amer- toring stations will continuously col- the collapse of the Soviet Union, the ican University, called for an end to lect and analyze data to ensure global United States currently spends at least nuclear testing, and then proceeded to compliance. A consultation and clarification re- $33 billion a year on nuclear weapons negotiate with the then-Soviet Union gime will provide state parties with the and weapons-related activity—about 13 and others for a ban on atmospheric opportunity to address accusations of percent of our defense budget. These testing. Four months later this Senate ratified a ban on all atmospheric test- noncompliance before an onsite inspec- costs continue even though no new tion is ordered. And any state party warheads or bombs have been built ing—4 months. And then here we have been 34 years to get to a comprehensive which demands a frivolous or abusive since July 1990. inspection may be subject to punitive Nuclear weapons testing has stopped test ban. So if they could do that in 4 months, measures. since September 1992. And the size of How can the United States not take the nuclear stockpile, because of nego- I would think now, certainly before the end of this year, we could bring this to the lead in this cause? If we ratify this tiations, has gone down dramatically; treaty, others will follow. Imagine a yet, still $33 billion a year right up on a closure. I yield to my friend and my colleague day when world peace is not decided by the cash register out of the taxpayers’ the size of nuclear stockpiles, but rath- pockets into a nuclear program. And from Rhode Island. Mr. REED. I thank the Senator for er by the will and wishes of the people for what? Unfortunately, a third of it, yielding. I commend him for his leader- of the world. This treaty is the next as I said, is used for environmental ship on this important issue. And I also step toward that reality. cleanup. And that should be done. But want to commend my colleague from Mr. President, in his book of several so much more is being used to main- Illinois for his very eloquent statement years ago, ‘‘The Good War,’’ author tain and upgrade existing weapons and on this very important topic. Studs Terkel presented an oral history retain the capability to produce new I join my colleagues today in urging of those touched by World War II. He ones. the administration to submit the Com- spoke with many individuals whose Let us realize the vision of President prehensive Test Ban Treaty to the Sen- lives were shaped by the bomb. Indeed, Kennedy, a vision which 34 years ago ate for its consideration and, hopefully, he spoke with survivors of Hiroshima, challenged Americans to think beyond ratification. On this day in 1963, Presi- who still do not talk about the events the current cold war in those days to dent John F. Kennedy delivered his fa- of August 6, 1945, without breaking the future, to a future free of nuclear mous address to the graduates of down. weapons to a more peaceful world. American University. He made his fa- He spoke with an American sailor I am happy to join with my colleague mous call for peace for all time. He was who swam in the waters of the Mar- from Iowa, Senator HARKIN, on the then searching for a solution to a tense shall Islands the day after a test explo- floor. And I thank him for reminding nuclear standoff. He stated in that sion. He died of cancer before the book us of a commitment made of a vision speech: was published. expressed 34 years ago. It is time for But perhaps Terkel’s most disturbing this test ban treaty to be ratified by Today the expenditure of billions of dollars chapter is his last, when he interviewed every year on weapons acquired for the pur- the United States for a safer world, for pose of making sure we never need to use some children, aged 11 to 15, on a Chi- ourselves and our children. them is essential to keeping the peace. But cago street corner in 1965. I yield back to the Senator from surely the acquisition of such idle stock- One child, Sam, stated, ‘‘I hope I can Iowa. piles—which can only destroy and never cre- die of old age, before the world starts The PRESIDING OFFICER. The Sen- ate—is not the only, much less the most effi- THE war.’’ Ethel then chimed in, ‘‘I ator from Iowa. cient means of assuring peace. wanna see if I’m gonna grow up first. I Mr. HARKIN. I thank my colleague Mr. President, today we have an al- mean, I might not live to be grown up. from Illinois for his very eloquent re- ternative means of assuring peace. Cause I don’t know when my time is up marks and for reminding us of just how After years of negotiations and false * * * I never know if I could die over- much we are spending. Even yet today, starts, 60 countries have approved the night from the bomb or something.’’ to maintain this nuclear stockpile, the text of the Comprehensive Test Ban And finally Raymond said, ‘‘This might United States spends roughly $30 bil- Treaty which would prohibit all nu- sound crazy, but I’d like to see a world lion a year. That is just about three clear weapons test explosions or other without bombs. I mean without wars. times the amount that we are spending nuclear explosions anywhere in the It would be a lot bigger, the world. on all medical research at the National world. Maybe we could enjoy it more. Get a Institutes of Health, to find the causes This treaty would prevent deploy- lot out of life, without worrying you and cures of things like heart disease, ment and impede the development of would be blown up tomorrow.’’

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5435 Mr. President, generations growing 43 other nuclear-capable countries so outcry when the French resumed nu- up after World War II were haunted by that it formally enters into force. clear testing after a 3-year hiatus, the the specter of annihilation by nuclear The Comprehensive Test Ban Treaty United States and France then adopted weapons. We now have an opportunity is a major milestone in the effort to a zero-yield test ban position in the nu- to rid these fears, the fears of our chil- prevent the proliferation of nuclear clear weapons test ban talks. dren, forever. The American people weapons. It would establish a perma- So, by August 1996, the negotiations want this treaty. Over 80 percent of the nent ban on all nuclear explosions in produced a final nuclear weapons test public support its ratification. It is in- all environments for any purpose. It’s ban treaty text supported by all coun- cumbent upon us to consider this trea- zero-yield prohibition on nuclear tests tries except one, all countries except ty and to ratify it, to put to rest once would help to halt the development and India, and India sought to include in and for all the specter of nuclear anni- deployment of new nuclear weapons. the treaty a timetable for eliminating hilation. The treaty would also establish a far- all nuclear weapons and, again, India I yield back my time to the Senator reaching verification program that in- would find its own nuclear weapons de- from Iowa. cludes a global network of sophisti- velopment program limited by a ban on The PRESIDING OFFICER (Mr. SES- cated seismic, hydro-acoustic, radio- testing. So, to overcome one nation’s SIONS). The Senator from Iowa. nuclide monitoring stations, as well as opposition, Australia proposed—and Mr. HARKIN. I thank my colleague. on-site inspection of test sites to deter more than 100 other countries sup- Mr. President, how much time do I and detect violations. ported—a resolution endorsing the have? I might just add here, Mr. President, Comprehensive Test Ban Treaty, a The PRESIDING OFFICER. The Sen- one of the important reasons for get- zero-yield test ban, which was sub- ator has 20 minutes. ting this treaty ratified as soon as pos- mitted to the U.N. General Assembly Mr. HARKIN. I thank the Chair. sible is that under this regime, newly and passed by the overwhelming mar- I thank my colleague from Rhode Is- emerging nations that may be wanting gin of 158–3 on September 10, 1996. Now, for the Comprehensive Test Ban land again for continuing to be in- to develop a nuclear weapon will find it Treaty to formally enter into force, it volved in this discussion, for his leader- thousands of times more difficult to do must be ratified by 44 named signatory ship in the House and now in the Sen- so. I will not put myself in a position of nations, including the five declared nu- ate on the total issue of arms control saying it will be absolutely impossible, and especially on the issue of the test clear weapons states and the three nothing is 100 percent perfect, but undeclared nuclear weapons states— ban treaty. many of these smaller nations that India, Israel, and Pakistan. The U.S. Mr. President, let me continue for a may want to have a nuclear weapon are little bit to talk some more about the ratification requires, of course, a two- going to need a small nuclear weapon. thirds vote by the U.S. Senate. How- aspects of this treaty and why it is so They will need some of the latest tech- ever, until the Comprehensive Test Ban important that we ratify it this year. nology in order to have it delivered in Again, to recap, 34 years ago today, Treaty does enter into force, all sig- a vehicle that they have in their pos- natories, including the United States, on June 10, 1963, President Kennedy session or that they might soon ac- are bound by article XVIII of the Vi- made a historic speech at American quire. To do that would require testing. enna Convention on Treaties not to un- University here in Washington, DC. He If they cannot do the testing, then they dertake any action that violates the talked about the need for a test ban cannot acquire the latest technology in purpose or intent of the treaty. In treaty to limit the number of nuclear nuclear weapon design and construc- other words, the signatory nations weapons tests. Four months after that, tion. shall not test nuclear weapons. President Kennedy negotiated with the Mr. President, in 1991, the Soviet That is sort of the recent history. Soviet Union, signed and secured ratifi- Union announced a unilateral nuclear Now, what is the next step? Well, sev- cation from the United States Senate weapons test moratorium. In 1992, the eral key steps must now be taken. Be- for the limited test ban treaty that House and Senate passed legislation es- fore the Comprehensive Test Ban Trea- banned all atmospheric tests of nuclear tablishing a 9-month U.S. moratorium ty can be considered by the Senate weapons. So, since October 1963, the with restrictions on the number and Foreign Relations Committee and the two nations have had no atmospheric purpose of any further U.S. tests and a full Senate, the Clinton administration tests of nuclear weapons. prohibition on U.S. tests after Sep- must submit the articles of ratification But President Kennedy’s goal was tember 30, 1996, unless another nation and must reach agreement with the not just atmospheric tests. His goal conducts a test. Senate leadership to begin formal con- was to ban all nuclear weapons tests. In 1993, President Clinton, with ad- sideration of the treaty. The treaty As President Kennedy said on June 10, vice from the armed services, the nu- must also become a priority for the ad- a comprehensive test ban treaty clear weapons laboratories, and the En- ministration and for the U.S. Senate. ‘‘would check the spiraling arms race ergy Department, determined that the The Foreign Relations Committee of in one of its most dangerous areas. It U.S. nuclear arsenal was safe and reli- the Senate and the Senate in its whole would place the nuclear powers in a po- able without further testing. On July 3 must then proceed with a thorough ex- sition to deal more effectively with one of that year, he announced he would amination of the treaty and to vote on of the greatest hazards * * * the fur- extend the test moratorium and agree it. In the end, I believe the Senate will ther spread of nuclear arms. It would to begin multilateral test ban negotia- agree that ratification of the treaty is increase our security; it would decrease tions in January of 1994. in our country’s national security in- the prospects of war.’’ That is a quote The Comprehensive Test Ban Treaty terests just as President Kennedy said from President Kennedy’s speech at was negotiated over more than 2 years 34 years ago today. American University 34 years ago. at the 61-nation Conference on Disar- The Senator from Illinois mentioned Mr. President, completion of a global mament in Geneva. A key turning that conservatively we are spending nuclear test ban treaty negotiations point occurred in 1995, when our Na- about $30 billion a year now to main- has been a central nuclear arms con- tion’s leading nuclear weapons sci- tain our nuclear stockpile. I wondered trol objective for more than 40 years. entific advisors concluded that our nu- how much we had spent over the inter- This long-awaited goal was finally won clear weapons stockpile is safe and re- vening years. It turns out that from just last September, September 24, liable and that even low-yield weapons right after the end of World War II 1996, when the United States and other tests are unnecessary, even the so- until now, the United States has spent countries signed the Comprehensive called safety tests intended to guard more than $300 billion —that is billion Test Ban Treaty, the CTBT as it is against defects that could lead to acci- with a ‘‘b’’—$300 billion, about a third called, a treaty consistently supported dental warhead detonations. of a trillion dollars, for nuclear weap- by more than 80 percent of the Amer- Spurred by the independent JASON ons and nuclear weapons materials. ican public. scientific group’s report that the That does not include the cost of all Now, we in the Senate must ensure United States nuclear arsenal is safe the delivery vehicles—that is, all of the that the Comprehensive Test Ban Trea- and reliable without testing, and missiles, the silos we build, the Min- ty is ratified here in the Senate and by spurred further by the international utemans and the Titans—and it does

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5436 CONGRESSIONAL RECORD — SENATE June 10, 1997 not include the cost of all the B–52 A sad, sad chapter in the history of nuclear tests. I am pleased to see that bombers, the B–47 bombers, the B–2 humankind; a terrible toll that it has now, 34 years later, a comprehensive bombers, and the B–1 bombers. It does taken not only economically from test ban is on the verge of becoming re- not include that. It does not include America and other countries by what ality. the cost of all the submarines, all the we have spent, but I think it has taken I am a strong supporter of the Com- Polaris and later the Trident sub- a terrible toll environmentally. prehensive Test Ban Treaty [CTBT] as marines. That probably would come to Much of the money that we spend a way to curtail nuclear proliferation. hundreds of billions more. I am talking now through the Department of Energy This treaty, once it is ratified by the 44 just about nuclear weapons material for our nuclear weapons stockpile is actual or potential nuclear powers, will alone, and the weapons themselves— spent on cleaning up the mess that was ban all nuclear explosions no matter $300 billion approximately that we have made, first, through the production of how small. In 1993, I cosponsored legis- spent, and now about $30 billion a year. nuclear materials; second, through the lation that extended our moratorium As I mentioned earlier, Mr. President, refining of these nuclear materials, and on nuclear tests and called on the that is 21⁄2 times what we are spending the processing; third, through the stor- United States to end all testing by the on all medical research in the National age; and, of course, fourth, through the year 1996. That bill passed and the Institutes of Health. We are spending underground testing. United States’ unilateral move to stop 21⁄2 times every year to maintain the So we are spending today, and we testing has shown our commitment to nuclear stockpile than we are spending will continue to spend in our lifetimes, a worldwide ban on nuclear explosions. on all biomedical research through the billions of dollars just to clean up the As we all know, the CTBT won ap- National Institutes of Health. That is mess that has been made. proval in the U.N. General Assembly not right, and that is why it is time to There is another mess that has been last September and, just days after the conclude the Comprehensive Test Ban made that we are paying for dearly. All U.N. vote, President Clinton signed the Treaty. those atmospheric tests that I men- treaty on behalf of the United States. President Kennedy said 34 years ago tioned—528 of them—each and every More than 100 other nuclear and non- today that the negotiations for a ban one of those produced in the atmos- nuclear states have also signed the on above-ground nuclear tests were in phere large amounts of plutonium and CTBT. sight, and he implored the Nation and other toxic materials. I have seen esti- Mr. President, the CTBT will act as the international community to bring mates that tons of plutonium were re- an essential complement to the nuclear that treaty to a conclusion. As I said, leased during all of these tests into the Non-Proliferation Treaty and will help 4 months later, the agreement was atmosphere, in the food chain, and in end the threat of nuclear war. By pro- reached and the atmospheric test ban sea life. The half-life of plutonium is hibiting nonnuclear states from devel- oping atomic weapons, the Non-Pro- treaty became a reality—in just 4 tens of thousands of years. And, yet, we liferation Treaty has greatly enhanced months at the height of the cold war. know it is one of the most carcinogenic The Soviet Union no longer exists. global security since it was first signed materials known to mankind. One mi- We have relations with Russia, open re- back in 1968. The CTBT, by prohibiting croscopic piece of plutonium can cause lations. We visit their military estab- nuclear testing, will provide further as- cancer. lishments; they visit ours. We now surance that no additional states will Who knows how much plutonium is have an agreement where they will be develop nuclear weapons. The world embedded into the ground and into the an adviser to NATO. Well, now it is will undoubtedly be a safer place once soils from the underground tests, how time for us to conclude the Comprehen- all nuclear explosions, even under- much of that plutonium may find itself sive Test Ban Treaty. It has been ground ones, are permanently out- to underground aquifers later on in the around a long time. Now we are at the lawed. evolution of our planet? point where we can bring it to its final Since President Kennedy first initi- We are paying a terrible price for this conclusion. ated test ban negotiations, the United President Clinton must adopt the sad chapter of our history. We States has taken the leading role in same attitude that President Kennedy shouldn’t pay the price any longer. ending nuclear testing. We must main- adopted in 1963. He must insist on a Now is the time to end testing once tain this momentum. I urge the Presi- quick closure, to make it a top priority and for all and close the books on it. dent to submit the CTBT to the Senate I call upon President Clinton to of his administration to get the Com- for its advice and consent at the ear- prehensive Test Ban Treaty ratified by make this a priority of his administra- liest possible date and then I would the Senate this year. It is in our best tion this year. I call upon the majority hope the Foreign Relations Committee interests. It would help secure our leader of the Senate and the minority would take it up for consideration soon planet from nuclear threats. It would leader of the Senate to make it a pri- thereafter. The United States should go a long way toward ensuring that ority for the U.S. Senate this year that continue its leadership by ratifying the newly emerging nations do not get we debate and vote on the comprehen- CTBT. We should demonstrate that our their hands on the nuclear trigger and sive test ban treaty. I call upon the commitment to a nuclear test ban is as would begin the process of getting rid chairman and the vice chair of the Sen- strong as ever. of, over a period of time, the nuclear ate Foreign Relations Committee, as Mr. JEFFORDS. Mr. President, it stockpiles that we have and saving all soon as the President sends this down, gives me great pleasure to join my col- of that money that we are now spend- to take it up, to investigate it, to de- leagues today in marking the 34th an- ing and, hopefully, putting that money bate it fully, and to vote on it and re- niversary of President Kennedy’s his- into important endevors such as med- port it to the floor of the Senate. toric call for negotiations aimed at re- ical research. This must be a priority. We must do ducing the risk of nuclear war. Well, the end is in sight. We soon can it this year. Let’s make this 34th anni- President Kennedy’s June 10, 1963, ad- have in hand a comprehensive ban on versary of President Kennedy’s speech dress at American University marked all nuclear weapons tests. at American University the last anni- the beginning of serious international Mr. President, sometimes it boggles versary before we have a completion of efforts to limit the nuclear arms race the mind to think of how many nuclear what he called a ban on all nuclear and to avert the nightmarish possi- tests we have had in the past. Nuclear testing. bility of a nuclear war. His initiative tests worldwide, underground tests, Mr. FEINGOLD. Mr. President, I rise resulted a few months later in the Lim- 1,517, with the United States doing 815, today to join with my friend, the Sen- ited Test Ban Treaty, which brought the old Soviet Union doing 496, France ator from Iowa [Mr. HARKIN], in mark- about the first pause in the nuclear doing 160, Britain 24, China 22, and ing the anniversary of President John powers’ efforts to construct bigger, bet- India 1. F. Kennedy’s historic speech on nu- ter, and more nuclear weapons. Atmospheric testing: 528 atmospheric clear disarmament. It was in that It’s worth noting that President Ken- tests prior to 1963, with the United speech, given June 10, 1963, at Amer- nedy’s objectives were more ambitious. States doing 215, the Soviet Union ican University, that President Ken- He had hoped to enact a comprehensive doing 219, France doing 50, Britain, 21, nedy announced the initiation of nego- nuclear test ban, but was unable to win and China, 23. Total, all tests: 2,046. tiations for a comprehensive ban on agreement for such a bold step. Now,

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5437 more than three decades later, we have Thirty-four years ago today, Presi- active role in the other events sched- an opportunity to realize this objec- dent Kennedy called on us to pause and uled for this week. tive. consider the effects of a devastating The work of the Committee on En- Following several years of negotia- nuclear conflict. He put us on a path to ergy and Natural Resources touches tions in the U.N. Conference on Disar- eliminating this threat. Let’s honor his the lives of Americans in many ways mament, the Comprehensive Test Ban memory by fulfilling one of his but few ways more visible than in our Treaty [CTBT] was completed and grandest objectives. Let’s act on and oversight of the Nation’s great out- opened for signature in September 1996. ratify the Comprehensive Test Ban doors. Great Outdoors Week really Since then, over 140 countries have Treaty. gives us an opportunity to focus on the signed the document, including all five Mr. President, I note the absence of a value of recreation in our lives, and declared nuclear weapons states. For quorum. how we can do a better job of encour- the treaty to enter into force, 44 key The PRESIDING OFFICER. The aging people of all ages to enjoy Amer- signatories, including the United clerk will call the roll. ica’s natural and national splendor. States, must ratify the agreement The legislative clerk proceeded to The great outdoors is the main focus prior to September 1998. call the roll. of our national recreation initiative. Mr. President, over the past few Mr. MURKOWSKI. Mr. President, I The acronym is REC, and it stands for years I have had the privilege of par- ask unanimous consent that the order three goals: reinvigorate, enhance, and ticipating on a steering committee of a for the quorum call be rescinded. conserve. project organized by the Henry L. The PRESIDING OFFICER. Without To reinvigorate and rebuild our na- Stimson Center on Eliminating Weap- objection, it is so ordered. tional parks, forests, and other Federal ons of Mass Destruction. The objective The Senator from Alaska. lands that provide diverse recreation of the group, which included such au- Mr. MURKOWSKI. I thank the Chair. opportunities. To enhance the visits Americans thorities on foreign policy and national f security as Gen. Andrew Goodpaster make to our public land legacy through GREAT OUTDOORS WEEK and Ambassador Paul Nitze, was to improved access, facilities, and serv- consider concrete measures the United Mr. MURKOWSKI. Mr. President, I ices. To conserve America’s natural re- States could undertake to work toward would like to chat a little bit about sources that provide recreation oppor- the long-term goal of a world free of recreation in America today and an- tunities, particularly through wildlife nuclear weapons. In our third and final nounce that Great Outdoors Week for 1997 began on Monday of this week. habitat restoration and protection. It report, released in March, we laid out also includes areas in our urban cen- several steps President Clinton and From America’s vast forests to her mighty rivers, to her majestic moun- ters with strategies to protect open Congress can take now to ensure that space, rivers, lakes, and to link parks future generations are safe from the tains, plains, and valleys, there is the recognition that this Nation is truly and trails. threat posed by weapons of mass de- Last year, we passed the largest blessed with national and natural beau- struction. Ratification of the CTBT parks and conservation public lands ty beyond comparison. As a con- was one of the three most urgent meas- bill that has passed this body since the sequence, it is no wonder that our Na- ures we recommended. 1940’s. Containing 119 pieces of legisla- Enactment of a comprehensive test tion and our national consciousness are tion, the bill increased park bound- ban would do more to stem prolifera- defined in no small part by the great aries, designated historical trails and tion and reduce the nuclear threat outdoors that we all enjoy. wild and scenic rivers, protected sen- than any other action we could take at Coming from my State of Alaska— sitive lands, and benefited virtually this time. The details of the CTBT are which is, at least as far as I am con- every State in this Nation. technical and complex but the effect of cerned, America’s premier outdoor It also protected the Presidio in San the treaty is pure and simple: it would State—I have lived near and experi- Francisco, one of the finest recreation ban all nuclear test explosions. Not enced some of nature’s greatest handi- areas in our country, by establishing a only would this constrain the develop- work. I have fished, hunted, sailed, new management system which takes ment of more complex weapons but it hiked, and camped in probably the best advantage of private sector expertise, would also protect our environment. places on Earth. contribution, and finance. The United States already has a mor- So it is with great pleasure that I It will also create the National atorium in effect on nuclear weapons come before my colleagues to announce Recreation Lakes Study Commission. tests and has not conducted such a test Great Outdoors Week for 1997. This is a nine-member panel which will since 1992. It’s time to make this mora- The recreation community is in examine the demand for recreation at torium permanent and ensure that oth- Washington this week to host a num- federally managed lakes and reservoirs ers follow suit. ber of activities to remind those of us and help develop plans with the private The administration has indicated its inside the beltway that outdoor recre- sector to maximize recreational oppor- intent to present the CTBT to the Sen- ation is a good thing for people, for tunities. A report is due next year, and ate for advice and consent. However, to communities, for the economy, and for we may write legislation to increase date it has not done so. I appreciate conservation. Great Outdoors Week opportunities in this area. that the treaty is likely to be con- will bring together many people and Thankfully, after I wrote to the troversial in some quarters and that groups who really care about America’s President last week, he told me that he the Senate has only recently concluded great outdoors. Federal, State, and will name the remaining four members a hotly contested debate on another local officials, recreation enthusiasts, of the nine-member commission this important arms control treaty, the outdoor media, recreation associations, week so that they can get down to Chemical Weapons Convention [CWC]. and the recreation industry will all work. However, one of the problems we faced take part in the events scheduled for On April 25 of this year, we held a with the CWC was that it was not this week. seminar on outdoor recreation trends brought before the Senate as quickly I met last night with the Recreation and benefits. as it could have been. For that and Vehicle Industry Association—the This Wednesday we will hold an over- other reasons, we found ourselves in manufacturers and the suppliers of sight hearing on the stateside program late April facing a deadline affecting recreation vehicles. There were some of the Land and Water Conservation our participation in the treaty. 250 to 300 people in the Russell rotunda Fund. We will hold additional oversight Let’s not put ourselves in that posi- at a very, very outstanding reception hearings on other aspects of the out- tion again. Let’s begin the debate on to kick off Great Outdoors Week for door recreation capabilities. At least the treaty now so that our decision on 1997. one of them will be a field hearing out ratification—which I fervently hope Mr. President, as on outdoorsman West. The committee report, hopefully, will be a positive one—can serve as a and chairman of the Senate committee will follow. signal of encouragement to other coun- with responsibility for our Nation’s Putting our heads together, we can tries. public lands, I am also going to take an decide what the Federal Government

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5438 CONGRESSIONAL RECORD — SENATE June 10, 1997 can and should do to reinvigorate, to ministration, would be spent for Fed- Mr. President, I thank the Chair and enhance, and to conserve America’s eral land purchases. That is hardly a I yield the floor. outdoors. State matching program. This means Our national parks—our Nation’s the stateside matching land and water f crown jewels—are losing some of their conservation fund program would still luster. We need to ensure that all remain unfunded. TRIBUTE TO SENATOR THURMOND Americans can enjoy and be proud of So what would Americans get for Mr. COVERDELL. Mr. President, it our parks system for years to come. their $700 million? More Federal land is with great pleasure I come to the We have at least an $8 billion backlog acquisitions over the next 5 years cho- floor today to speak about a distin- in unfunded projects and programs. sen by politicians in Washington, DC, guished colleague and dear personal Yellowstone needs about $300 million rather than the people. State and local friend, Senator STROM THURMOND. I, in road repairs. recreation projects, the ones closest to like so many American citizens, have Yosemite needs $178 million in re- the people, get nothing, and that is too admired the senior Senator from South pairs after January’s floods. bad because those are matching funds Carolina for his outstanding service to Each year, another 1 percent of the and we get twice the bang for the buck. the United States in this chamber, and National Parks Service roads fall from We need to save the stateside Land and for the life he has lived through mili- fair to poor or failing. Water Conservation Fund program and We are working to leave a legacy ev- I have asked appropriators to provide tary service in World War II to his eryone can be proud of—a new, reinvig- some money to keep the matching years of teaching, coaching, and prac- orated, world-class National Park Sys- grant program alive. ticing law in the Palmetto State. tem. When Congress authorized the Land The accomplishments and achieve- Mr. President, an expanded fee dem- and Water Conservation Fund, it had ments which have been a part of Sen- onstration program, major concession two parts. One part dealt with Federal ator THURMOND’s life are truly out- reform, a bonding initiative, and addi- acquisitions. The other provided standing. Accordingly, his reach across tional private-sector sponsorships are matching grants for State and local this country, particularly the South- all under consideration in this Con- governments to purchase and develop east, is remarkable. One can go to the gress. Our system of parks includes parks and recreation facilities. The ad- Georgia/South Carolina border, trav- State and local parks as well. Capital ministration is trying to abolish the eling along Interstate 20 to Florence, needs of State and local recreation sys- second half, and Congress should sim- SC, and be driving on the Strom Thur- tems for 1995–99 are over $27 billion, ac- ply not let that happen. In fiscal years mond Highway. Or one can take a cording to the National Recreation and 1996 and 1997, Congress and the admin- stroll through the U.S. Capitol and Parks Association, but we have a prob- istration simply zeroed out those walk into the beautiful Strom Thur- lem. The stateside Land and Water funds. mond room, so designated in 1991. Conservation Fund has been shut down. Mr. President, let me show you a These are just two of the many facili- Over 30 years ago, in a bipartisan ef- couple of charts, and I will conclude ties named for the distinguished Sen- fort, Congress and the President cre- my remarks. This chart shows the ator because of his courage and patri- ated the Land and Water Conservation Land and Water Conservation Fund au- otism. He has set a fine example for all Fund referred to as the LWCF. It is thorizations and appropriations. As one Americans—from the students he funded primarily by offshore oil and can see, the stateside LWCF appropria- taught from 1923–28 in Edgefield, gas revenues which now exceed $3 bil- tions in green have dramatically de- McCormick, and Ridge Spring, SC, to lion. My committee has authorized creased. Of course, the authorizations the pages, interns, and staffers to land and water conservation funding to have gone way up. What we have here whom he has been so gracious, friendly, the year 2015 with an annual ceiling of is a dropoff from 1983 to 1995 down to and helpful since his arrival in the Sen- $900 million. 1996 where there is zero money pro- ate in 1954. The LWCF stateside program pro- vided for stateside LWCF matching Senator THURMOND has served dili- motes a unique partnership among grants. That is probably the greatest gently on the Armed Services, Judici- Federal, State, and local governments. single significance of what the Federal ary, and Veterans’ Affairs Committees. It provides matching grants that en- role is. It is in matching, if you will, so He has not only been a champion for able State and local governments to that Federal appropriations can come his State, supporting such vital mis- create recreation facilities, parks, and on and the priorities can be addressed sions as those performed at the Savan- in an appropriate manner that rep- playgrounds. Because they are match- nah River site, but also a leader on se- resent the will and attitudes of States ing grants, they double the impact. curity issues for our Nation as a whole. and local communities. The stateside LWCF program has There is just one other chart that I There is no question that his knowl- helped finance 37,500 national parks want to show, and that is the receipts. edge, understanding, and expertise in and recreation projects—campgrounds, Where does the money come from? It military affairs and foreign policy has trails, playgrounds, recreation centers, comes from a dedicated fund, the Outer strengthened our national security and and gyms. It has also helped in my Continental Shelf areas where revenues helped to maintain the status of the State of Alaska. We have had a number now exceed more than $3 billion a year. United States as the world’s pre- of very effective State and local parks There is very little from recreation eminent military and economic power. which received a stateside LWCF fees. There is some from the motor fuel As a soldier, the Senator’s record was grant. The demand continues to in- tax and surplus property sales. The no less impressive. In World War II, crease. As a matter of fact, in fiscal funding for the Land and Water Con- Senator THURMOND volunteered for ac- year 1995 over $600 million was re- servation Fund comes from offshore tive service on the day we declared war quested. revenues, but the Appropriations Com- and flew his glider behind enemy lines But I want to explain very briefly, mittee has seen fit to use those funds during the D-day invasion with the 82d Mr. President, that the recent balanced for other expenditures. Airborne Division. budget agreement between that the ad- So, Mr. President, during Great Out- Following these heroics, he was ministration and the congressional doors Week and every other week of awarded 18 decorations, including the budget negotiators provided $700 mil- the year, I ask that we all remember Purple Heart, Bronze Star for Valor, lion over 5 years for the Federal side of the value of outdoor recreation to and the Legion of Merit with Oak Leaf the Land and Water Conservation Americans. We are blessed with a great Cluster. His military service continued Fund. That is the portion of the fund natural bounty. It is our duty to con- as he was promoted to major general in used for land acquisition by the Fed- serve it. As a consequence, I urge my the U.S. Army Reserve in 1959. This is eral land management agencies. The colleagues to reflect on the necessity where he continued to serve in distin- administration wants $315 million of of having a meaningful stateside Land guished fashion for the next 36 years. that to buy Headwaters Forest and the and Water Conservation Fund program With the rest of his military and po- New World Mine. This is not what which would provide matching grants litical career well documented and LWCF was designed to do. The remain- benefiting the States and allowing the chronicled on the floor by my col- ing $385 million, according to the ad- priorities at hand to be met. leagues, I would just like to close now

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5439 by saying thank you to Senator THUR- Mr. President, I ask unanimous con- This law embodies a sacred constitu- MOND, as a citizen of the United States sent that my letter and the newspaper tional principle: Only Congress has the of America and as a colleague in the article be printed in the RECORD. power to decide how public money Senate. I am honored that I can say I The PRESIDING OFFICER. Without many be spent. served with you and called you my objection, it is so ordered. This is the device that Congress uses friend. Moreover, I know that many (See exhibit 1.) to control the purse strings. Americans will join me in commemo- Mr. GRASSLEY. Mr. President, I So, Mr. President, this isn’t Mickey rating the enduring record you have would like to address some of Mr. Mouse stuff. I’m talking about a con- set and legacy you will leave for future Hamre’s assertions. stitutional principle. generations. First, Mr. Hamre’s remarks imply When a constitutional principle is in- f that my criticism is somehow personal. volved, it’s very difficult for me to see Nothing could be further from the the smallness of an issue. THE VERY BAD DEBT BOXSCORE truth. He is a very likeable person. Third, Mr. Hamre claims this is an Mr. HELMS. Mr. President, at the But my personal feelings have abso- acquisition issue—not a finance and ac- close of business yesterday, Monday, lutely nothing to do with my position counting question. June 9, 1997, the Federal debt stood at on his nomination. This is an obvious attempt to deflect $5,348,703,813,773.07. (Five trillion, three What I have tried to do is examine all responsibility—away from himself. hundred forty-eight billion, seven hun- the facts and then reach a conclusion It’s an attempt to make it someone dred three million, eight hundred thir- based on those facts. else’s problem. teen thousand, seven hundred seventy- These are the facts as I know them. His reasoning is flawed. three dollars and seven cents) In 1992, the inspector general [IG] ex- If Mr. Hamre thinks this is an acqui- Five years ago, June 9, 1992, the Fed- amined the Department of Defense’s sition issue, maybe he has abdicated eral debt stood at $3,940,424,000,000. [DOD] progress payment procedures. his responsibilities under the law—as (Three trillion, nine hundred forty bil- The IG along with legal counsel de- CFO. lion, four hundred twenty-four million) clared that these policies ‘‘resulted in The CFO’s responsibilities are spelled Ten years ago, June 9, 1987, the Fed- the rendering of false accounts and vio- out in the ‘‘Money and Finance’’ sec- eral debt stood at $2,296,260,000,000. lations of the law.’’ tion of the United States Code. That’s (Two trillion, two hundred ninety-six The IG told the Department to get on in title 31. billion, two hundred sixty million) the stick and fix the problem. His payment scheme violates section Fifteen years ago, June 9, 1982, the The bureaucrats balked. 1301 in the same book—title 31. Federal debt stood at $1,072,647,000,000. Under pressure, they finally signed It does it by deliberately charging (One trillion, seventy-two billion, six an agreement in March 1993. payments to the wrong accounts and hundred forty-seven million) In signing this document, they then juggling the books to cover it up. Twenty-five years ago, June 9, 1972, agreed to comply with the law. Anyone who thinks this is an acquisi- the Federal debt stood at One of the persons who signed this tion issue needs to consult the law $428,210,000,000 (Four hundred twenty- agreement was Mr. Alvin Tucker. books. eight billion, two hundred ten million) Well, 7 months after Mr. Tucker When you go to the law library and which reflects a debt increase of nearly signed the agreement, Mr. Hamre be- locate title 31 and open the book, the $5 trillion—$4,920,493,813,733.07 (Four came Comptroller and Chief Financial subtitle staring you in the face is: trillion, nine hundred twenty billion, Officer or CFO. ‘‘Money and Finance.’’ four hundred ninety-three million, Well, guess what? Section 1301 lies in a chapter entitled eight hundred thirteen thousand, seven Mr. Tucker became Mr. Hamre’s ‘‘Appropriations.’’ hundred thirty-three dollars and seven most senior deputy. He became the Mr. President, misappropriation, cents) during the past 25 years. Deputy CFO. mischarging and cooking the books Mr. GRASSLEY addressed the Chair. Mr. President, after becoming CFO, takes Mr. Hamre deep into the realm of The PRESIDING OFFICER. The Sen- Mr. Hamre did nothing to meet the money and accounting. ator from Iowa. terms of the agreement and comply If this is just an acquisition issue, I’ll Mr. GRASSLEY. I ask unanimous with the law. eat my hat. consent to have 5 minutes as if in Instead, he sided with the bureau- Fourth, when Mr. Hamre became morning business and to extend the crats who were thumbing their noses at CFO in October 1993, he declared war time. the law. on financial mismanagement. The PRESIDING OFFICER. Without He gave them the green light to keep To claim success today, he cites objection, it is so ordered. breaking the law. ‘‘steep drops in contract overpay- f He personally reauthorized their ille- ments.’’ gal operation. Mr. Hamre’s claims are not supported OPPOSITION TO POSSIBLE NOMI- Then, early this year he floated a leg- by the facts. NATION OF JOHN HAMRE TO BE islative proposal. The General Accounting Office [GAO] DEPUTY SECRETARY OF DE- His draft language would have sanc- has issued a series of reports on DOD FENSE tioned the procedure that the IG had overpayments. Mr. GRASSLEY. Mr. President, on declared illegal and that he, Mr. These reports demolish Mr. Hamre’s May 27 I sent a letter to President Hamre, had personally authorized. success stories. Clinton. Mr. President, those are the facts. The most recent report says Mr. In it, I expressed opposition to the In my opinion, Mr. Hamre was at- Hamre’s progress payments scheme is possible nomination of Mr. John J. tempting to legalize a crime. the biggest, single driver behind over- Hamre to fill the No. 2 spot at the Pen- Mr. Hamre knew full well his progess payments. He’s to blame. tagon. scheme was operating outside the law. That’s right, Mr. President, Mr. He would be the Deputy Secretary of Otherwise, why would he feel like he Hamre’s own operations are causing defense, and it’s a big job. needed some legal cover? overpayments to happen. I told the President why I would op- Second, he accuses me of making a That’s exactly what it says on page pose this nomination—if it’s ever mountain out of a molehill. 12 of the GAO report entitled: ‘‘Fixing made, and I’ll give my reasons in just He claims I am focusing on a ‘‘small DOD’s Payment Problems is Impera- a moment. policy’’ issue. tive.’’ But 2 days after writing this letter, I take issue with the notion that this This report is dated April 1997 and the Washington Post ran a story about is somehow an insignificant issue. has the designation NSIAD–97–37. my opposition to the nomination. The statute that Mr. Hamre’s GAO reports also say that DOD has Mr. Hamre was also interviewed. progress payment scheme violates is no capability to detect overpayments. He attempted to respond to my criti- section 1301 of title 31 of the United Virtually every overpayment ever ex- cism. Statess Code. amined by the GAO was detected by

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5440 CONGRESSIONAL RECORD — SENATE June 10, 1997 the person who got the check in the that he had personally authorized in writing payment operation’’ and announced he would mail—the contractor—and not the Gov- after becoming CFO. oppose Hamre’s expected nomination. ernment. Mr. Hamre’s draft bill tells me that he The accounting practice, Grassley said, is In almost every case, overpayments knew full well that his progress payments symptomatic of the Pentagon’s chronically process was operating outside the law. Oth- ‘‘sloppy bookkeeping.’’ He charged Hamre were voluntarily refunded by the con- erwise, why was he seeking legal cover? tractor who got the checks. had ‘‘done a lousy job’’ revamping the Penta- Mr. President, when I found out about gon’s financial management during his four Now, Mr. President, if Mr. Hamre what Mr. Hamre was up to, I went straight years as comptroller, adding that the Penta- were really serious about eliminating to the floor of the Senate to denounce his ac- gon’s books remain a ‘‘mess.’’ tions. I did it on two occasions. Once on Jan- overpayments, why didn’t he just shut Hamre, a former Senate staff member who uary 28th (See pages S695–696 in the Record) down the illegal progress payments op- enjoys widespread favor on Capitol Hill, was eration—like the IG asked? and again on February 12th (S1265–1267). I think Mr. Hamre has probably done an stunned and puzzled by the harshness and That would have removed the pri- excellent job in making a case for the DOD personal focus of Grassley’s remarks. At mary source of overpayments. budget before Congress. And that is the John issue, he said, was just an honest disagree- If Mr. Hamre has no capability to de- Hamre that most senators know—the one ment over a Pentagon contracting practice tect overpayments, how does he know wearing the budget hat. That’s John Hamre, that dates back several decades. whether they are going up or down? the Comptroller. But the budget is just part ‘‘The senator has taken an important but How does he know they are going of his job. He wears another hat. He is also small acquisition policy issue and applied it down, if he doesn’t know how many the department’s CFO. As CFO, he is respon- to my entire tenure,’’ Hamre said in a brief sible for financial management and account- phone interview. ‘‘I’m sorry he’s done that, there are? and I’d welcome a chance to talk about it.’’ Perhaps, if overpayments are really ing. This has been his downfall. In the ac- counting field, Mr. Hamre has done a lousy Grassley repeatedly has called attention to going down—like he says, it must mean job. I would give him a grade of F for his per- the Pentagon’s antiquated accounting sys- the contractors have stopped making formance. The department’s books are in a tem, deploring its waste and vulnerability to voluntary refunds. shambles. True, they were that way when he fraud. Hamre, in turn, declared improve- Maybe they have decided to keep the became CFO, but that was four years ago, ments in controls and methods a top priority money. That would help to keep the and they are still that way. The depart- when he took over as the Pentagon’s top fi- numbers down. ment’s books are in such a mess—so much nancial officer in 1993. Since then, the Pen- Mr. President, I will have much more documentation is missing—that they can’t tagon has reported steep drops in contract to say about Mr. Hamre in the weeks be audited as required by the CFO Act of overpayments and unmatched disburse- 1990. And the situation is not expected to get ments, begun a shift from paper-based to ahead. much better anytime soon. The IG expects to electronic payments and consolidated finan- Some of my colleagues have asked keep giving DOD disclaimers of opinion cial offices. me why I oppose this nomination. ‘‘well into the next century.’’ But what troubles Grassley is the Penta- I want to be sure they know where I One reason why DOD keeps flunking the gon’s continuing practice of making periodic am coming from. CFO audits is sloppy bookkeeping. DOD re- payments on contracts without correlating EXHIBIT 1 fuses to do routine accounting work on a them to the work done, a process that Grass- daily basis as transactions occur. And one of U.S. SENATE, ley says the Pentagon’s inspector general de- the most flagrant examples of sloppy book- Washington, DC, May 27, 1997. clared illegal in 1992. keeping is the progress payment process. As President WILLIAM J. CLINTON, ‘‘Under Mr. Hamre’s policy,’’ Grassley legal counsel said, it results in the rendering The White House, Washington, DC. wrote, ‘‘payments are deliberately charged of false accounts and violations of Section DEAR MR. PRESIDENT: I am writing to in- to the wrong accounts. Then, after the pay- 1301. Payments are deliberately charged to form you that I am opposed to the nomina- ments are made, DOD attempts to ‘adjust’ the wrong accounts and then DOD doctors tion of Mr. John J. Hamre to fill the number the accounting ledgers to make it look like the books to make them right with the law. two position at the Department of Defense the checks were charged to the right ac- With this kind of bookkeeping operation, it’s (DOD). counts when the money was, in fact, spent next to impossible to either locate or follow Secretary Cohen has recommended that some other way. the audit trail. Mr. Hamre be the next Deputy Secretary of Mr. President, this is not ‘‘mickey mouse’’ ‘‘Deliberately charging the wrong accounts Defense. accounting stuff that only ‘‘bean counters’’ and then juggling the books to make them I am opposed to this nomination because need to worry about. This is about the break- look right is what I call ‘cooking the Mr. Hamre has authorized and protected an down of discipline and internal controls. books,’ ’’ the senator added. illegal payment operation. That leaves the department’s accounts vul- Hamre maintains there is nothing nefar- The procedure in question is the one DOD nerable to theft and abuse. In recent years, ious about the practice. He said the system uses to make progress payments on con- several employees succeeded in tapping into of progress payments was adopted years ago tracts. Under Mr. Hamre’s policy, payments the DOD money pipe undetected, stealing to allow the contractor to avoid having to are deliberately charged to the wrong ac- millions of dollars. They were caught as a re- borrow money, and thus keep project costs counts. Then, after the payments are made, sult of outrageous personal behavior and not down. Whether the Pentagon should move to DOD attempts to ‘‘adjust’’ the accounting because of effective internal controls. How a more precise billing process now, he said, is ledgers to make it look like the checks were many others are still out there, ripping off a contracting issue, not a financial manage- charged to the right accounts when the the taxpayers? ment one. Just how far Grassley intends to money was, in fact, spent some other way. Under the CFO Act, Mr. Hamre is respon- go in thwarting Hamre’s accession is un- Deliberately charging the wrong accounts sible for ‘‘improving internal controls and fi- clear. While Defense Secretary William S. and then juggling the books to make them nancial accounting.’’ Because of his personal Cohen has recommended Hamre for the job of look right is what I call ‘‘cooking the involvement in the illegal payment process deputy secretary, Clinton has not publicly books.’’ and his failure to clean up the books, I do affirmed the choice. Legal counsel has said that DOD’s progress not believe that Mr. Hamre deserves to be payment procedures ‘‘result in the rendering If the nomination goes to Capitol Hill, promoted to Deputy Secretary of Defense. of false accounts and violations of Section Grassley could simply vote against it or, as Sincerely, 1301.’’ Section 1301 is a little known but very he has done in previous instances, exercise CHARLES E. GRASSLEY, important law. It embodies a sacred con- his senatorial prerogative to block the nomi- U.S. Senator. stitutional principle: Only Congress decides nation from coming to a floor vote. ‘‘I don’t know what we’re going to do yet,’’ how public money may be spent. Section [From the Washington Post, May 29, 1997] 1301is the device the Congress uses to control a Grassley aide said. the purse strings. OFFICIAL IN LINE FOR NO. 2 DEFENSE POST REBUKED The PRESIDING OFFICER. The Sen- After the Inspector General declared that ator from New Jersey. DOD progress payment procedures were ille- (By Bradley Graham) gal, the department’s Chief Financial Officer John Hamre, the Pentagon comptroller in Mr. LAUTENBERG. Mr. President, I (CFO), Mr. Hamre, had a responsibility to in- line to become the Defense Department’s ask unanimous consent I may speak for stitute some reforms. In fact, his senior dep- new second-in-command, has come under an a few minutes about some concerns uty made a formal commitment to obey the unusually sharp attack from Sen. Charles E. about the budget that I have. I under- law. But instead of fixing the problem, Mr. Grassley (R-Iowa) triggered by a dispute over stand the chair will be occupied during Hamre tried to legalize the crime. Earlier how the department accounts for progress that time. I therefore ask consent I be this year, he circulated a piece of draft legis- payments on contracts. lation for review and comment. His legisla- In a letter to President Clinton made pub- permitted to speak. tion would have sanctioned the payment pro- lic yesterday, Grassley accused Hamre of The PRESIDING OFFICER. Without cedures that the IG had declared illegal and having ‘‘authorized and protected an illegal objection, it is so ordered.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5441 VIOLATING THE BUDGET nificant when we passed that budget The preliminary markup documents we re- AGREEMENT agreement. Although the steps have viewed were inconsistent with the agreement in several important respects. I hope that by Mr. LAUTENBERG. Mr. President, I been taken in the other body, I want to raise my concerns here before Senate identifying these issues as early as possible, rise to express some concerns that I we will be able to implement the agreement have about recent developments that committees begin the process of mark- in a bipartisan manner. are occurring in the House of Rep- ing up their own reconciliation pack- Sincerely, resentatives related to the budget. It ages. FRANKLIN D. RAINES. was just a few nights ago, a few eve- For instance, one important provi- nings ago, that we got a conference re- sion of the bipartisan budget agree- EXECUTIVE OFFICE OF THE PRESI- port from the House that was passed by ment would protect immigrants, legal DENT, OFFICE OF MANAGEMENT immigrants who have come to this AND BUDGET, a substantial margin in the Senate Washington, DC, June 5, 1997. that confirms that the work we did in country, who paid their taxes, played by the rules, and who then suffer from Hon. E. CLAY SHAW, Jr., the budget negotiations was satisfac- Chairman, Subcommittee on Human Resources, tory to both the Members of the other a disability—perhaps from an auto- Committee on Ways and Means, House of body and the Senate. We had been mobile accident or an illness that robs Representatives, Washington, DC. through it here once before, the con- them of their ability to function as DEAR MR. CHAIRMAN: As you know, the Ad- ference report, to get the budget reso- they used to—eyesight or other phys- ministration and the bipartisan congres- lution confirmed. It passed 78 to 22. ical ailments that affect their capacity sional leadership recently reached agree- ment on a historic plan to balance the budg- The vote was almost identical when we to walk or to work. The budget agree- ment says these people should be pro- et by 2002 while investing in the future. The got the conference report back. That plan is good for America, its people, and its was Thursday evening. I was stunned tected. It states on page 22 of the agreement future, and we are committed to working to read in Friday morning’s newspaper with Congress to see it enacted. that there were challenges to the as- of the budget resolution that Congress With regard to welfare, the budget agree- sumptions that were made, to the will: ment called for restoring Supplemental Se- agreements that were made to try to . . . restore SSI and Medicaid eligibility for curity Income (SSI) and Medicaid benefits all disabled legal immigrants who are or who get that budget done, to try to forge a for immigrants who are disabled or become become disabled and who entered the United disabled and who entered the country before consensus agreement. States prior to August 23, 1996. August 23, 1996; extending from five to seven I must point out that this is not an That was a compromise date, I point years the exemption in last year’s welfare agreement that I have heard people out. Unfortunately, last week in the law for refugees and asylees for the purposes standing up and lauding and saying, ‘‘I House Ways and Means Subcommittee of SSI and Medicaid; and making other im- love it. It is the perfect budget agree- on Human Resources, they reported a portant changes. ment. It is everything my constituents We have reviewed the Subcommittee’s bill that fails to do this and suggests want it to be.’’ By no means. But there draft markup document, however, and we reducing the numbers of people and re- is in this budget agreement something have found a number of provisions that are ducing the availability of these serv- I think both parties can salute. There inconsistent with the budget agreement in ices, these programs for these disabled these and other areas. Consequently, if the is an investment in the middle class, people. It directly violates this portion Subcommittee were to proceed with its legis- there is an investment in education, of the agreement, the compromise that lation in this form, we would be compelled to there is some tax relief for the middle they are proposing. The compromise invoke the provisions of the agreement that class. Once again, if we look at the ex- was already done. The subcommittee’s call on the Administration and the bipar- tremes, we are all woefully short of tisan leadership to undertake remedial ef- action is not an innocent mistake. It is things that I would have liked to have forts to ensure that reconciliation legisla- not based on differences in interpreting if I had an ideal opportunity to design tion is consistent with the agreement. the agreement. This is a blatant, inten- it myself. But I do not, and we rep- We appreciate the fact that the Sub- tional violation of the bipartisan budg- committee has a mark that includes several resent a consensus. Mr. President, 50 et accord which should not be toler- provisions that the Administration supports, States are represented here by the two ated. Certainly it should not be begun such as in the areas of welfare to work and Senators from each State who are here unilaterally so soon after the agree- State SSI administrative fees. to argue the case from their particular Welfare to Work.—We are pleased the budg- ment is done. et agreement includes the President’s $3 bil- point of view. If we had things that we wanted to A bipartisan budget agreement was lion welfare-to-work proposal and that the talk about, they ought to be talked Subcommittee included provisions that meet the product of extensive negotiations about cautiously and not entered into involving compromises by everyone in- many of the Administration’s priorities. Spe- the news media immediately as some- cifically, we are pleased that the mark pro- volved, and many provisions were the thing they want to change. vides funds for jobs where they are needed subject of protracted discussion, with Mr. President, I ask unanimous con- most to help long-term recipients in high un- each word carefully considered and de- sent to have printed in the RECORD two employment-high poverty areas; directs bated. In the end, we struck a delicate letters from the Director of OMB, funds to local communities with large num- balance, and the resulting agreement, Frank Raines, to the chairman of the bers of poor people; awards some funds on a if implemented, will provide, I believe, competitive basis, assuring the best use for Budget Committee and to Representa- scarce resources; and gives communities ap- great benefits to our Nation. It will tive SHAW, the chairman of the Sub- give us the first balanced budget since propriate flexibility to use the funds to cre- committee on Human Resources in the ate successful job placement and job cre- 1969. It will provide tax relief, as I said Committee on Ways and Means, that ation programs. earlier, to the middle class. It will pro- outline this and other similar concerns Though your mark does not address a per- tect Medicare, extend its solvency, and about the implementation of the budg- formance fund, we appreciate your willing- it will do something about cleaning up et agreement. ness to consider a mechanism to provide the environment, investments in edu- There being no objection, the letters needed incentives and rewards for placing cation, and other significant national the hardest-to-serve in lasting, unsubsidized were ordered to be printed in the jobs that promote self-sufficiency. In addi- priorities. RECORD, as follows: Unfortunately, since the handshake tion, we stand ready to continue to provide EXECUTIVE OFFICE OF THE PRESI- assistance in refining targeting factors. that took place here—it took place in DENT, OFFICE OF MANAGEMENT State SSI Administrative Fees.—The Admin- the negotiating room between the AND BUDGET, istration is pleased that the Subcommittee chairman and the ranking members Washington, DC, June 5, 1997. has included a provision, consistent with the and the representatives of the Presi- Hon. JOHN KASICH, budget agreement, to increase the adminis- dent—two House committees are now Chairman, Committee on the Budget, House of trative fees that the Federal Government moving to alter the bipartisan budget Representatives, Washington, DC. charges States for administering their State agreement when the ink is barely dry. DEAR MR. CHAIRMAN: Enclosed is a letter I supplemental SSI payments and to make the sent earlier today to the Chairman and It is a matter of great concern to me increase available, subject to appropriations, Ranking Member of the Ways and Means for Social Security Administration (SSA) ad- and it ought to be a matter of great Human Resources Subcommittee regarding ministrative expenses. concern to everybody here who thought Subcommittee markup of legislation to im- In a number of areas, however, we have se- we had accomplished something sig- plement the Bipartisan Budget Agreement. rious concerns with provisions that do not

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5442 CONGRESSIONAL RECORD — SENATE June 10, 1997 reflect the budget agreement. The Adminis- essary additional eligibility reviews, tax au- mittee, the Subcommittee on Health tration has separately transmitted draft leg- dits, and other integrity activities that, the and Environment, will consider legisla- islation that reflects the budget agreement’s evidence demonstrates, will yield the sav- tion introduced by the chairman of provisions on benefits to immigrants. ings. We urge the Subcommittee to adopt Continued SSI and Medicaid Benefits for that subcommittee that also breaks this provision to achieve the specified sav- the bipartisan budget agreement. The Legal Immigrants.—The Administration ings. strongly opposes the provision that denies The Federal Unemployment Account.—The budget agreement calls for $1.5 billion coverage to many legal immigrants who Administration supports the proposed in- to ease the impact of increasing Medi- were in the United States when the welfare crease in the Federal Unemployment Ac- care premiums on low-income bene- law was signed but who become severely dis- count ceiling, which reflects the budget ficiaries. This provision was included abled after that date. The budget agreement agreement. The mark, however, does not ac- because the budget agreement calls for explicitly states, ‘‘Restores SSI and Med- complish another aspect of the agreement, phasing in increases in Medicare pre- icaid eligibility for all disabled legal immi- because it only ‘‘authorizes’’ $100 million to miums to accommodate the shift of grants who are or become disabled and who the States in 2000–2002 for Unemployment In- enter the U.S. prior to August 23, 1996.’’ The home health care expenditures from surance administrative funding, rather than part A to part B. We were worried be- mark fails to reflect that agreement by only making the payments mandatory as the ‘‘grandfathering’’ those now receiving SSI, agreement provides. We look forward to cause there is going to have to be, in therefore dropping those who would become working with the Subcommittee to address order to provide the solvency that we disabled in the future and would be eligible this issue. found for Medicare to continue, or the for benefits under the agreement. Instead of The Subcommittee mark also includes a Medicaid programs, we had proposed enacting the budget agreement, the Sub- member of provisions that were not specifi- expanding Medicaid premium coverage committee would grandfather immigrants cally addressed in the budget agreement, and for Medicare recipients who had in- who were on the SSI rolls on August 22, 1996, about which the Administration has serious comes of 120 to 150 percent of poverty. thus protecting 75,000 fewer immigrants than concerns. They include the following: That is pretty modest going. the budget agreement by the year 2002. By Minimum Wage and Workfare.—The Admin- The final agreement threw out the contrast, the agreement targets the most istration strongly opposes the Subcommit- vulnerable individuals by providing a safety specifics of the premium proposal. tee’s proposal on the minimum wage and However, it did call for spending the net for all immigrants in the country when welfare work requirements. the welfare law was signed who have suf- First, the proposal goes beyond the scope $1.5 billion on whatever policy Con- fered—or may suffer in the future—a dis- of the budget agreement and, thus, should gress chose to enact. But that was not abling accident or illness. not be included in the reconciliation bill. the understanding. Regretfully, the In contrast with the budget agreement, Second, the proposal would undermine the House committee with jurisdiction of which was designed to restore benefits, the fundamental goals of welfare reform. The Medicaid will only include $300 to $400 markup document would provide SSI and Administration believes strongly that every- million for this provision, one we la- Medicaid benefits to immigrants now on the one who can work must work, and those who bored long and hard over. It is another rolls only if the immigrant has no sponsor, work should earn the minimum wage— clear violation of the budget agree- the sponsor has died, or the sponsor has in- whether they are coming off of welfare or come under 150 percent of the poverty level. ment, and it is very troubling. not. The proposal does not meet this test. I am also concerned about the tax The Administration strongly opposes this Worker Protections in Welfare to Work.—We provision, which would cut off about 100,000 are deeply disappointed in the Subcommittee bill that the chairman of the House severely disabled legal immigrants who draft’s lack of adequate worker protection Ways and Means Committee outlined would receive benefits under the budget and non-displacement provisions. We strong- yesterday. The chairman’s bill would agreement. We understand that the Sub- ly urge the Subcommittee to adopt, at a only provide $30.8 billion—not an insig- committee may drop this provision, and we minimum, the provisions included in H.R. nificant amount—in tax incentives for hope that is true. 1385, the House-passed job training reform higher education. But that was fought As noted above, the agreement provided for bill. both SSI and Medicaid eligibility for dis- for very stoutly; that it was to get $35 Repeal of Maintenance of Effort Requirements billion. And only about $22 billion of abled legal immigrants. The mark, however, on State Supplementation of SSI Benefits.—His- also fails to guarantee Medicaid coverage for torically, the Administration has strongly the proposal of this type is for the ben- all disabled legal immigrants who continue opposed the repeal of maintenance-of-effort efits that were advocated by the Presi- to receive SSI. For States in which SSI eligi- requirement because it would let States sig- dent, understood to be something we bility does not guarantee Medicaid coverage nificantly cut, or even eliminate, benefits to could agree on, falling far short of, and and for States that choose not to provide nearly 2.4 million poor elderly, disabled, and I quote here, the ‘‘roughly $35 billion.’’ Medicaid coverage to legal immigrants who blind persons. Congress instituted the main- That language was struggled over, were in the U.S. prior to August 23, 1996, tenance-of-effort requirement in the early ‘‘roughly $35 billion.’’ I tell you this, legal immigrants who receive SSI would not 1970s to prevent States from transferring be guaranteed to continue receiving Med- no one can buy a house for ‘‘roughly Federal benefit increases from SSI recipients $35,000,’’ or a car for ‘‘roughly $15,000.’’ icaid. To conform to the policy in the budget to State treasuries. The proposal also could agreement, the Subcommittee should in- cause some low-income elderly and disabled How much is it? Well, that is what it clude a provision in its bill to explicitly individuals to lose SSI entirely and to lose ought to be. That language was com- guarantee Medicaid coverage to disabled Medicaid coverage as well. The Administra- promise language, because we knew the legal immigrants who continue to receive tion opposed this proposal in last year’s wel- intent or believed the intent of both SSI. fare reform debate. Speaker GINGRICH and/or the distin- Refugee and Asylee Eligibility.—The budget Other TANF Provisions.—The Administra- guished leader here, Senator LOTT, was agreement would extend the exemption pe- tion is concerned with several provisions in their commitment to the program. Al- riod from five to seven years for refugees, the mark that were not in the budget agree- asylees, and those who are not deported be- though the word ‘‘roughly’’ was there, ment. For example, the agreement did not it should be interpreted broadly, and I cause they would likely face persecution address making changes in the TANF work back home. However, the Subcommittee’s requirements regarding vocational education think this, frankly, goes too far, when proposal would provide that extension for and educational services for teen parents. they start making the cuts in the refugees and not for asylees and others. Such The Administration opposes the provision al- House committee that are inconsistent asylees and others should receive the addi- lowing States to divert TANF funds away with the agreement. tional two years to naturalize. from welfare-to-work efforts to other social Mr. President, the bipartisan budget In addition to the provisions in the Sub- service activities. agreement calls on the House and Sen- committee markup related to immigration, The budget agreement reflects compromise the Administration has the following con- ate leadership to take remedial efforts on many important and controversial issues, to ensure that this document is imple- cerns: and challenges the leaders on both sides of Unemployment Insurance Integrity.—The mented in the legislative process. the aisle to achieve consensus under difficult Subcommittee draft does not include the circumstances. We must do so on a bipar- Leadership action is critical if the provision of the budget agreement that tisan basis. agreement is to be implemented prop- achieves $763 million in mandatory savings I look forward to working with you to im- erly. And, therefore, I hope that Speak- over five years through an increase in discre- plement the historic budget agreement. er GINGRICH will intervene promptly tionary spending of $89 million in 1998 and Sincerely, $467 million over five years. These savings and require that in all cases I have FRANKLIN D. RAINES, are a key component of the budget agree- mentioned the relevant committees Director. ment. The discretionary spending that the make the changes necessary to be con- agreement assumes, and which would be sub- Mr. LAUTENBERG. Mr. President, sistent with the agreement that we ject to appropriation, would support the nec- today the House Commerce Com- have.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5443 If the congressional leadership fails Mrs. HUTCHISON. Mr. President, I We just want to make sure that peo- to enforce the agreement, it will not be ask unanimous consent we extend this ple can plan ahead, that they will know worth the paper it is written on and in time for 10 minutes. that their paychecks will be there if the process of reconciliation we could The PRESIDING OFFICER. Without they work for the Government, that be looking at very serious problems objection, it is so ordered. The time is their pensions will be there if they are getting this program into place. extended for 10 minutes. veterans who have earned their pen- Mr. President, I also want to take a The Senator from Texas. sions, that there will not be a disrup- moment to talk about the disaster sup- Mrs. HUTCHISON. I thank the Chair. tion of our Government. We are not plemental. I am pleased to note that (The remarks of Mrs. HUTCHISON per- cutting back from this year’s expendi- yesterday the President vetoed the bill taining to the introduction of S. 866 are tures. We will say we will keep on because it contains the so-called auto- located in today’s RECORD under going until we have an agreement, and matic CR. The automatic CR also vio- ‘‘Statements on Introduced Bills and when that agreement is made, then we lates the bipartisan budget agreement Joint Resolutions.’’) go forward and the President and the for two reasons. f Congress together do the job that both First, it would lower the amount of DISASTER RELIEF BILL of us were elected to do. So I think it discretionary spending available for is very important the people of this fiscal 1998. The budget agreement calls Mrs. HUTCHISON. Mr. President, I country have the facts and know that for $527 billion in discretionary spend- would like to finish by adding to what we are trying to help with all of the ing for fiscal year 1998, which is $17 Senator LAUTENBERG has said, that we Federal emergency management funds million over last year’s level. If the sent a bill to the President for disaster that need to be replenished as well as automatic continuing resolution is en- relief for the victims of North and the funds to replenish the Bosnia ac- acted, the majority could refuse to pass South Dakota and Minnesota. We sent counts and the many other supple- the 13 appropriations bills, thereby cut- him a bill that we hoped he would sign. mental expenditures that are in that ting the $17 billion in discretionary I don’t think the President has ex- bill. spending. That would absolutely vio- plained why he would veto a bill that Mr. President, I think it is very im- late one of the basic Democratic ac- he says is necessary for these disaster portant that the President of the complishments in the budget agree- victims when, in fact, all we did was United States sign the bill and con- ment and, again, the consensus. say we are also going to make sure tinue the operation of Government as The automatic CR would make deep that we don’t shut down the Govern- usual so that the people in our country, cuts in programs that are protected in ment so that the very people we are on September 30, will not have to the budget agreement. The bipartisan trying to help will not be able to get worry about a disruption in their lives negotiators agreed to provide large in- the checks that they need after Sep- if they work for the Government or if creases in 13 major discretionary pro- tember 30 if Congress and the President they have earned veterans’ pensions or grams. Examples of these programs in- have not come to agreement. if they plan a family vacation or if clude elementary and secondary edu- It is very important that people un- they are going on a business trip and cation, Pell grants, child literacy, Head derstand that the budget agreement for they have not renewed their passports. Start, national parks, job training, the 1998 budget year are allocations, Those are the things that are at stake Clean Water Act, Superfund, and the they are not appropriations. In fact, to here. COPS Program. Some of the programs actually spend the money, it takes are preferred by Democrats, some pre- We have a lot of responsibility. We both Congress and the President to can meet that responsibility by mak- ferred by Republicans, but the fact is agree. Sometimes, the Congress and we arrived at a consensus. Both parties ing sure that the disaster victims are the President don’t agree before Sep- covered and that we keep Government wanted this done. An automatic CR tember 30, which is the end of the fiscal would freeze these programs at last going on a rational and responsible year. So we have to start a new fiscal basis. year’s level, and they would not get the year. Now, if there is not an agreement increases promised in the budget agree- Thank you, Mr. President. I yield the and we don’t have a provision for con- floor. ment, at least without further congres- tinuing Government, then we can shut sional action. down Government again. That is not f So, I hope the leadership will comply what anyone wants to do. with the budget agreement, put the So Congress has in the disaster relief RECESS plight of disaster victims above poli- bill and the supplemental appropria- tics, strip the automatic CR from the tions to go with that bill, the process The PRESIDING OFFICER. Under bill and send the President a clean that says we are not going to shut the previous order, the hour of 1 p.m. version of the disaster relief bill that down Government, we are going to having arrived, the Senate will now be he can sign. keep spending money at the same level in recess until 2:15 p.m. Mr. President, I conclude and I thank that is being spent this year, and then Thereupon, at 1:05 p.m., the Senate you for your indulgence with this sim- when the agreement is made between recessed until 2:16 p.m.; whereupon, the ple message: A promise is a promise. A Congress and the President, we will be Senate reassembled when called to deal is a deal. The Republican leader- able to go into whatever Congress and order by the Presiding Officer (Mr. ship made a promise to the Democrats the President agree on. COATS). in the Congress and to the President. When anyone talks about cuts in What I am asking here today is that f spending because we go into the 1998 they make sure that promise is kept by year under the 1997 spending, there are their committee chairs, subcommittee MESSAGES FROM THE PRESIDENT no cuts because there have been no ap- chairs, and those who would violate the propriations for 1998, and we haven’t Messages from the President of the agreement after all of that labor and come to agreement on the specifics. United States were communicated to what I think was a smashing success. I think it is very proper to ask why the Senate by Mr. Williams, one of his I yield the floor. secretaries. Mrs. HUTCHISON addressed the the President did not sign the bill. I Chair. think it is proper to say to the Presi- EXECUTIVE MESSAGES REFERRED The PRESIDING OFFICER. The Sen- dent, ‘‘We did send you a bill; you As in executive session the Presiding ator from Texas. chose not to sign it. I think you owe an Officer laid before the Senate messages Mrs. HUTCHISON. Mr. President, I explanation to the disaster victims of from the President of the United send a bill to the desk and ask for its why you would stand for the authority States submitting sundry nominations appropriate referral. to shut down Government when we are which were referred to the appropriate The PRESIDING OFFICER. Without trying to continue the process of cov- committees. objection, it is so ordered. ering people in case some of the appro- (The nominations received today are Senator, we have passed the hour for priations bills are not passed at the end printed at the end of the Senate pro- recess. of the fiscal year.’’ ceedings.)

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5444 CONGRESSIONAL RECORD — SENATE June 10, 1997 MEASURES PLACED ON THE Service, Department of the Treasury, trans- tion; to the Committee on Labor and Human CALENDAR mitting, pursuant to law, a treasury notice Resources. 97–34, received on June 3, 1997; to the Com- By Mr. WELLSTONE: The following bills were read the sec- mittee on Finance. S. 870. A bill to amend the Federal Food, ond time and placed on the calendar: f Drug, and Cosmetic Act to facilitate the de- H.R. 908. An act to establish a Commission velopment, approval, and use of medical de- on structural alternatives for the Federal INTRODUCTION OF BILLS AND vices to maintain and improve the public Courts of Appeals. JOINT RESOLUTIONS health and quality of life of individuals, and for other purposes; to the Committee on H.R. 1000. An act to require States to es- The following bills and joint resolu- tablish a system to prevent prisoners from Labor and Human Resources. being considered part of any household for tions were introduced, read the first By Mr. NICKLES (for himself and Mr. purposes of determining eligibility of the and second time by unanimous con- INHOFE): household for purposes of determining eligi- sent, and referred as indicated: S. 871. A bill to establish the Oklahoma bility of household for food stamp benefits By Mr. MOYNIHAN (for himself and City National Memorial as a unit of the Na- and the amount of food stamp benefits to be Mr. SARBANES): tional Park System; to designate the Okla- provided to the household under the Food S. 863. A bill to authorize the Government homa City Memorial Trust, and for other Stamp Act of 1977. of India to establish a memorial to honor purposes; to the Committee on Energy and f Mahatma Gandhi in the District of Colum- Natural Resources. bia; to the Committee on Energy and Nat- By Mr. ROBERTS (for himself, Mr. EXECUTIVE AND OTHER ural Resources. HARKIN, Mr. HATCH, Mr. JOHNSON, Mr. COMMUNICATIONS By Mr. CHAFEE (for himself, Mr. BAUCUS, Mr. D’AMATO, Mr. BENNETT, BREAUX, Mr. KERREY, and Mr. CON- and Mr. CRAIG): The following communications were S. 872. A bill to amend the Internal Rev- laid before the Senate, together with RAD): S. 864. A bill to amend title XIX of the So- enue Code of 1986 to provide for the non- accompanying papers, reports, and doc- cial Security Act to improve the provision of recognition of gain for sale of stock to cer- uments, which were referred as indi- managed care under the medicaid program; tain farmers’ cooperatives, and for other pur- cated: to the Committee on Finance. poses; to the Committee on Finance. EC–2097. A communication from the Chief By Mr. GRAHAM (for himself, Mr. By Mr. ASHCROFT: of the Regulations Unit, Internal Revenue MACK, and Mr. BAUCUS): S. 873. A bill to amend the prohibition of Service, Department of the Treasury, trans- S. 865. A bill to provide for improved co- title 18, United States Code, against finan- mitting, pursuant to law, a report of a rule ordination, communications, and enforce- cial transactions with state sponsors of relative to assessing and collecting tax set- ment related to health care fraud, waste, and international terrorism; to the Committee tlements in Tax Court, received on June 2, abuse, to create a point of order against leg- on the Judiciary. 1997; to the Committee on Finance. islation which diverts savings achieved By Mr. FAIRCLOTH (for himself and EC–2098. A communication from the Chief through medicare waste, fraud, and abuse en- Mr. SHELBY): of the Regulations Unit, Internal Revenue forcement activities for purposes other than S. 874. A bill to amend title 31, United Service, Department of the Treasury, trans- improving the solvency of the Federal Hos- States Code, to provide for an exemption to mitting, pursuant to law, a report of a rule pital Insurance Trust Fund under title XVIII the requirement that all Federal payments relative to whether section 277 applies to of the Social Security Act, to ensure the in- be made by electronic funds transfer; to the nonexempt cooperatives, received on June 2, tegrity of such trust fund, and for other pur- Committee on Finance. 1997; to the Committee on Finance. poses; to the Committee on Finance. f EC–2099. A communication from the Chief By Mrs. HUTCHISON: of the Regulations Unit, Internal Revenue S. 866. A bill to amend title 28, United STATEMENTS ON INTRODUCED Service, Department of the Treasury, trans- States Code, to provide that certain vol- BILLS AND JOINT RESOLUTIONS mitting, pursuant to law, a report of a rule untary disclosures of violations of Federal By Mr. MOYNIHAN (for himself relative to summonses to compel taxpayers law made as a result of a voluntary environ- and Mr. SARBAMES): to sign consent directives, received on June mental audit shall not be subject to dis- S. 863. A bill to authorize the Govern- 2, 1997; to the Committee on Finance. covery or admitted into evidence during a ju- EC–2100. A communication from the Chief dicial or administrative proceeding, and for ment of India to establish a memorial of the Regulations Unit, Internal Revenue other purposes; to the Committee on the Ju- to honor Mahatma Gandhi in the Dis- Service, Department of the Treasury, trans- diciary. trict of Columbia; to the Committee on mitting, pursuant to law, a report of a rule By Mr. DEWINE: Energy and Natural Resources. relative to Article 23(1)(c) of the U.S.–U.K. S. 867. A bill to assist State and local gov- LEGISLATION TO ESTABLISH MAHATMA GANDHI Income Tax Treaty, received on June 2, 1997; ernments in establishing effective criminal MEMORIAL to the Committee on Finance. records concerning serious and violent juve- Mr. MOYNIHAN. Mr. President, I rise EC–2101. A communication from the Chief nile offenders and information concerning of the Regulations Unit, Internal Revenue adult members of violent criminal gangs and to introduce a bill to authorize the Service, Department of the Treasury, trans- Federal, State, and local criminal justice of- placement of a statue of Mohandas mitting, pursuant to law, a report of a rule ficials in countering the rise in serious Karamchand Gandhi —Mahatma Gan- relative to the Application for Automatic crime, and for other purposes; to the Com- dhi—on Federal land across the street Extension of Time to File Income Tax, re- mittee on the Judiciary. from the Indian embassy in Wash- ceived on June 2, 1997; to the Committee on By Mr. HARKIN (for himself, Mr. ington DC. The Government of India Finance. HUTCHINSON, Mr. REID, Mr. BRYAN, has offered a statue of Gandhi as a gift EC–2102. A communication from the Chief and Mr. ROCKEFELLER): to the United States. In order to place of the Regulations Unit, Internal Revenue S. 868. A bill to amend the Social Security Service, Department of the Treasury, trans- Act to prohibit persons from charging for it on Federal land, an act of Congress mitting, pursuant to law, a report of a rule services or products that the Social Security is required. This bill will fulfill just relative to disablity benefits under the Po- Administration and Department of Health that purpose, and I thank the Senator liceman and Firefighter’s Retirement Fund, and Human Services provide without charge; from Florida [Mr. MACK] and the Sen- received on June 2, 1997; to the Committee to the Committee on Finance. ator from Maryland, [Mr. SARBANES] on Finance. By Mr. JEFFORDS (for himself, Mr. for joining me in this endeavor. EC–2103. A communication from the Office KENNEDY, Mr. LIEBERMAN, Mr. India is currently celebrating the of the Chief Counsel of the Regulations Unit TORRICELLI, Mr. WYDEN, Mr. BINGA- 50th anniversary of its independence. of the Internal Revenue Service, Department MAN, Mr. KERRY, Mr. WELLSTONE, Mr. of the Treasury, transmitting, pursuant to HARKIN, Ms. LANDRIEU, Mr. FEINGOLD, Authorizing the placement of a statue law, a report of a rule entitled ‘‘Utilities In- Mrs. MURRAY, Mrs. BOXER, Mr. LEVIN, of Mahatma Gandhi, often called the dustry Coordinated Issue: Investment Credit Mr. SARBANES, Mr. AKAKA, Mr. LAU- father of the Indian nation, would on Transition Property,’’ received on June 3, TENBERG, Mr. DURBIN, Mr. CHAFEE, serve as a fitting tribute to Indian de- 1997; to the Committee on Finance. Mr. KOHL, Mr. INOUYE, Ms. MIKULSKI, mocracy which has survived—in fact, EC–2104. A communication from the Chief Mr. ROBB, Mr. MOYNIHAN, Mrs. FEIN- thrived—despite enormous challenges, of the Regulations Unit of the Internal Rev- STEIN, Mr. DODD, Mr. REID, Mr. and a symbol of the growing strength enue Service, Department of the Treasury, LEAHY, Mr. BRYAN, Ms. MOSELEY- of the bonds between our two coun- transmitting, pursuant to law, a treasury no- BRAUN, Mr. GLENN, Mr. KERREY, Mr. tice 97–33, received on June 3, 1997; to the REED, Mr. D’AMATO, and Mr. tries. Committee on Finance. CLELAND): It is particularly appropriate that a EC–2105. A communication from the Chief S. 869. A bill to prohibit employment dis- statue of Mahatma Gandhi be selected of the Regulations Unit, Internal Revenue crimination on the basis of sexual orienta- for this purpose. The effects of his non-

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5445 violent actions and the philosophy By Mr. CHAFEE (for himself, Mr. Medicaid managed care, if done well, which guided them were not limited to BREAUX, Mr. KERREY, and Mr. provides regular prenatal care to as- his country, nor his time. His influence CONRAD): sure that children are born healthy. in the United States was most notably S. 864. A bill to amend title XIX of These plans provide coverage for felt in the civil rights movement, but the Social Security Act to improve the check-ups and immunizations to pre- has also infused all levels of our soci- provision of managed care under the vent serious illnesses. And they give ety. Medicaid Program; to the Committee patients a medical home—a provider If I may invade ever so slightly the on Finance. they know they can go to if they are privacy of the President’s luncheon THE MEDICAID MANAGED CARE ACT OF 1997 sick, or a number to call if they have table, in May 1994, Mr. Clinton had as Mr. CHAFEE. Mr. President, I am questions. his guest the distinguished Prime Min- pleased today to introduce The Med- Medicaid managed care also has the ister of India, Mr. P.V. Narasimha Rao, icaid Managed Care Act of 1997. This potential of benefiting our overall who in his youth was a follower of Ma- legislation meets two very important health care system by providing access hatma Gandhi. In a graceful passage, objectives in the Medicaid Program. to primary care providers rather than Prime Minister Rao related how it First, it gives States the additional forcing patients to make costly and un- came to pass that Mahatma Gandhi, flexibility they need to administer the necessary visits to hospital emergency caught up in the struggle for fair treat- Medicaid Program by allowing them to rooms. It gives providers the oppor- ment to the Indian community in enroll Medicaid beneficiaries into man- tunity to catch and treat, or prevent, South Africa, and in consequence in aged care Programs. Second, the bill costly health problems. jail, read Thoreau’s essay on ‘‘Civil sets Federal standards for managed Mr. President, we have worked very Disobedience’’ which confirmed his care to ensure that Medicaid patients hard to ensure that this legislation view that an honest man is duty-bound receive the same quality of care as strikes an appropriate balance between to violate unjust laws. He took this those patients who are enrolled in pri- the needs of Medicaid beneficiaries and view home with him, and in the end the vate managed care plans. the managed care companies. I want to British raj gave way to an independent Under our legislation, States could thank Senators BREAUX and KERREY Republic of India. Then Martin Luther require Medicaid patients to enroll in who helped craft this legislation and King, Jr., repatriated the idea and so managed care plans without going are original cosponsors. I also want to began the great civil rights movement through the lengthy and cumbersome thank the many advocacy organiza- of this century. process of applying to the Secretary of Dr. Martin Luther King, Jr., has tions for their input and support. And I Health and Human Services for a waiv- also want to thank some of the man- written of the singular influence er of current Medicaid regulations. In Gandhi’s message of nonviolent resist- aged care organizations who worked exchange for this important flexibility, with us. I am especially pleased that ance had on him when he first learned States will have to meet a set of min- of it while studying at Crozier Theo- some of these organizations, such as imum Federal standards to ensure that the HMO Group which is an alliance of logical Seminary in Philadelphia. He Medicaid patients continue to receive would later describe that influence in health maintenance organizations have quality care. endorsed this legislation. Their support his first book, ‘‘Stride Toward Free- For example, States would be re- dom’’: is critical to the success of Medicaid quired to offer patients a choice of at managed care. As I read I became deeply fascinated by least two health plans. Plans would be [Gandhi’s] philosophy of non-violent resist- I ask unanimous consent that the ance . . . as I delved deeper into the philos- required to meet certain standards of text of the legislation be included in ophy of Gandhi, my skepticism concerning access to care, quality, and solvency. the RECORD. the power of love gradually diminished, and These standards are especially impor- There being no objection, the bill was I came to see its potency in the area of social tant given recent problems in States ordered to be printed in the RECORD, as reform . . . prior to reading Gandhi, I had that have set up Medicaid managed follows: concluded that the love ethics of Jesus were care programs under the waiver proc- S. 864 only effective in individual relationships . . . ess. In some instances, plans have Be it enacted by the Senate and House of Rep- but after reading Gandhi, I saw how utterly failed to contract with enough pro- mistaken I was. resentatives of the United States of America in . . . It was in this Gandhian emphasis on viders to serve the Medicaid popu- Congress assembled, love and non-violence that I discovered the lation. Some have been permitted to SECTION 1. SHORT TITLE; TABLE OF CONTENTS; method for social reform that I had been operate under standards that are lower AMENDMENTS TO THE SOCIAL SECU- seeking for so many months . . . I came to than commercial insurers are required RITY ACT. feel that this was the only morally and prac- to meet, and others have used fraudu- (a) SHORT TITLE.—This Act may be cited as tically sound method open to oppressed peo- lent marketing practices to entice the ‘‘Medicaid Managed Care Improvement ple in their struggle for freedom . . . this Act of 1997’’. Medicaid patients to sign up with their principle became the guiding light of our (b) TABLE OF CONTENTS.—The table of con- movement. Christ furnished the spirit and plans. These actions have resulted in tents of this Act is as follows: motivation and Gandhi furnished the meth- patients being denied medically nec- Sec. 1. Short title; table of contents; amend- od. essary services, and have resulted in ments to the Social Security Martin Luther King, Jr., believed States and the Federal Government Act. that Gandhi’s philosophy of nonviolent paying for care that was never given. Sec. 2. Improvements in medicaid managed resistance was the guiding light of the Considering these abuses, why should care program. American civil rights movement. As we allow Medicaid managed care at all? ‘‘PART B—PROVISIONS RELATING TO MANAGED Dr. King wrote, ‘‘Gandhi furnished the Because managed care, if implemented CARE message.’’ A statue of Gandhi, given as correctly, can vastly improve the qual- ‘‘Sec. 1941. Beneficiary choice; enroll- a gift from the Government of India, on ity of health care provided to low-in- ment. a small plot of Federal land along Mas- come families. In today’s fee-for-serv- ‘‘Sec. 1942. Beneficiary access to services sachusetts Avenue, in front of the In- ice program, patients face myriad generally. problems. Some are forced to get care ‘‘Sec. 1943. Beneficiary access to emer- dian Embassy, will stand not only as a gency care. tribute to the shared values of the two in hospital emergency rooms because ‘‘Sec. 1944. Other beneficiary protec- largest democracies in the world but they cannot find a private physician tions. will also pay tribute to the lasting in- willing or able to accept Medicaid’s low ‘‘Sec. 1945. Assuring quality care. fluence of Gandhian thought on the payment rates. Those who do have ac- ‘‘Sec. 1946. Protections for providers. United States. An influence that is so cess to providers often must wait for ‘‘Sec. 1947. Assuring adequacy of pay- pervasive that when the President and hours in clinics which are overcrowded ments to medicaid managed the Prime Minister of India meet at and understaffed. And, sadly, they care organizations and entities. ‘‘Sec. 1948. Fraud and abuse. the White House for lunch, a half-cen- often do not have access to primary ‘‘Sec. 1949. Sanctions for noncompliance tury after Gandhi’s death, it is no sur- and preventive care services which by managed care entities. prise that he should be a topic of con- would have prevented them from be- ‘‘Sec. 1950. Definitions; miscellaneous versation. coming ill to begin with. provisions.’’

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0655 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5446 CONGRESSIONAL RECORD — SENATE June 10, 1997 Sec. 3. Studies and reports. to change enrollment among managed care ment period covered by the individual’s Sec. 4. Conforming amendments. entities once annually and notifies the indi- original enrollment with the managed care Sec. 5. Effective date; status of waivers. vidual of such opportunity not later than 60 entity; (c) AMENDMENTS TO SOCIAL SECURITY days prior to the first date on which the in- ‘‘(B) the managed care entity continues to ACT.—Except as otherwise specifically pro- dividual may change enrollment, permits in- have a contract with the State agency under vided, whenever in this Act an amendment is dividuals to change their enrollment for subsection (a)(1)(B) as of the first day of such expressed in terms of an amendment to or re- cause at any time and without cause at least month; and peal of a section or other provision, the ref- every 12 months, and allows individuals to ‘‘(C) the managed care entity complies erence shall be considered to be made to that disenroll without cause within 90 days of no- with the applicable requirements of this section or other provision of the Social Secu- tification of enrollment. part. rity Act. ‘‘(E) ENROLLMENT PRIORITIES.—The State ‘‘(3) NOTICE OF REENROLLMENT.—The State SEC. 2. IMPROVEMENTS IN MEDICAID MANAGED establishes a method for establishing enroll- shall provide timely notice to a managed CARE PROGRAM. ment priorities in the case of a managed care care entity of any reenrollment of an indi- Title XIX is amended— entity that does not have sufficient capacity vidual under this subsection. (1) by inserting after the title heading the to enroll all such individuals seeking enroll- ‘‘(c) STATE OPTION OF MINIMUM ENROLL- following: ment under which individuals already en- MENT PERIOD.— ‘‘PART A—GENERAL PROVISIONS’’; AND rolled with the entity are given priority in ‘‘(1) IN GENERAL.—In the case of an indi- (2) by adding at the end the following new continuing enrollment with the entity. vidual who is enrolled with a managed care part: ‘‘(F) DEFAULT ENROLLMENT PROCESS.—The entity under this part and who would (but State establishes a default enrollment proc- ‘‘PART B—PROVISIONS RELATING TO MANAGED for this subsection) lose eligibility for bene- ess which meets the requirements described CARE fits under this title before the end of the in paragraph (2) and under which any such ‘‘SEC. 1941. BENEFICIARY CHOICE; ENROLLMENT. minimum enrollment period (defined in para- individual who does not enroll with a man- graph (2)), the State plan under this title ‘‘(a) STATE OPTIONS FOR ENROLLMENT OF aged care entity during the enrollment pe- BENEFICIARIES IN MANAGED CARE ARRANGE- may provide, notwithstanding any other pro- riod specified by the State shall be enrolled vision of this title, that the individual shall MENTS.— by the State with such an entity in accord- be deemed to continue to be eligible for such ‘‘(1) IN GENERAL.—Subject to the suc- ance with such process. ceeding provisions of this part and notwith- benefits until the end of such minimum pe- ‘‘(G) SANCTIONS.—The State establishes the riod, but, except for benefits furnished under standing paragraphs (1), (10)(B), and (23)(A) sanctions provided for in section 1949. of section 1902(a), a State may require an in- section 1902(a)(23)(B), only with respect to ‘‘(2) DEFAULT ENROLLMENT PROCESS RE- dividual who is eligible for medical assist- such benefits provided to the individual as QUIREMENTS.—The default enrollment proc- an enrollee of such entity. ance under the State plan under this title ess established by a State under paragraph ‘‘(2) MINIMUM ENROLLMENT PERIOD DE- and who is not a special needs individual (as (1)(F)— FINED.—For purposes of paragraph (1), the defined in subsection (e)) to enroll with a ‘‘(A) shall provide that the State may not term ‘minimum enrollment period’ means, managed care entity (as defined in section enroll individuals with a managed care enti- with respect to an individual’s enrollment 1950(a)(1)) as a condition of receiving such as- ty which is not in compliance with the appli- sistance (and, with respect to assistance fur- cable requirements of this part; with an entity under a State plan, a period, nished by or under arrangements with such ‘‘(B) shall provide (consistent with sub- established by the State, of not more than 6 entity, to receive such assistance through paragraph (A)) for enrollment of such an in- months beginning on the date the individ- the entity), if the following provisions are dividual with a medicaid managed care orga- ual’s enrollment with the entity becomes ef- met: nization— fective, except that a State may extend such ‘‘(A) ENTITY MEETS REQUIREMENTS.—The ‘‘(i) first, that maintains existing provider- period for up to a total of 12 months in the entity meets the applicable requirements of individual relationships or that has entered case of an individual’s enrollment with a this part. into contracts with providers (such as Feder- managed care entity (as defined in section ‘‘(B) CONTRACT WITH STATE.—The entity en- ally qualified health centers, rural health 1950(a)(1)) so long as such extension is done ters into a contract with the State to pro- clinics, hospitals that qualify for dispropor- uniformly for all individuals enrolled with vide services for the benefit of individuals el- tionate share hospital payments under sec- all such entities. igible for benefits under this title under tion 1886(d)(5)(F), and hospitals described in ‘‘(d) OTHER ENROLLMENT-RELATED PROVI- which prepaid payments to such entity are section 1886(d)(1)(B)(iii)) that have tradition- SIONS.— made on an actuarially sound basis. Such ally served beneficiaries under this title, and ‘‘(1) NONDISCRIMINATION.—A managed care contract shall specify benefits the provision ‘‘(ii) lastly, if there is no provider de- entity may not discriminate on the basis of (or arrangement) for which the entity is re- scribed in clause (i), in a manner that pro- health status or anticipated need for services sponsible. vides for an equitable distribution of individ- in the enrollment, reenrollment, or ‘‘(C) CHOICE OF COVERAGE.— uals among all qualified managed care enti- disenrollment of individuals eligible to re- ‘‘(i) IN GENERAL.—The State permits an in- ties available to enroll individuals through ceive medical assistance under a State plan dividual to choose a managed care entity such default enrollment process, consistent under this title or by discouraging enroll- from managed care organizations and pri- with the enrollment capacities of such enti- ment (except as permitted by this section) mary care case providers who meet the re- ties; by eligible individuals. quirements of this part but not less than ‘‘(C) shall permit and assist an individual ‘‘(2) TERMINATION OF ENROLLMENT.— from— enrolled with an entity under such process to ‘‘(A) IN GENERAL.—The State, enrollment ‘‘(I) 2 medicaid managed care organiza- change such enrollment to another managed broker, and managed care entity (if any) tions, care entity during a period (of at least 90 shall permit an individual eligible for med- ‘‘(II) a medicaid managed care organiza- days) after the effective date of the enroll- ical assistance under the State plan under tion and a primary care case management ment; and this title who is enrolled with the entity to provider, or ‘‘(D) may provide for consideration of fac- terminate such enrollment for cause at any ‘‘(III) a primary care case management tors such as quality, geographic proximity, time, and without cause during the 90-day provider as long as an individual may choose continuity of providers, and capacity of the period beginning on the date the individual between 2 primary care case managers. plan when conducting such process. receives notice of enrollment and at least ‘‘(ii) STATE OPTION.—At the option of the ‘‘(b) REENROLLMENT OF INDIVIDUALS WHO every 12 months thereafter, and shall notify State, a State shall be considered to meet REGAIN ELIGIBILITY.— each such individual of the opportunity to the requirements of clause (i) in the case of ‘‘(1) IN GENERAL.—If an individual eligible terminate enrollment under these condi- an individual residing in a rural area, if the for medical assistance under a State plan tions. State— under this title and enrolled with a managed ‘‘(B) FRAUDULENT INDUCEMENT OR COERCION ‘‘(I) requires the individual to enroll with a care entity with a contract under subsection AS GROUNDS FOR CAUSE.—For purposes of sub- medicaid managed care organization or pri- (a)(1)(B) ceases to be eligible for such assist- paragraph (A), an individual terminating en- mary care case management provider if such ance for a period of not greater than 2 rollment with a managed care entity on the organization or entity permits the individual months, the State may provide for the auto- grounds that the enrollment was based on to receive such assistance through not less matic reenrollment of the individual with fraudulent inducement or was obtained than 2 physicians or case managers (to the the entity as of the first day of the month in through coercion or pursuant to the imposi- extent that at least 2 physicians or case which the individual is again eligible for tion against the managed care entity of the managers are available to provide such as- such assistance, and may consider factors sanction described in section 1949(b)(3) shall sistance in the area), and such as quality, geographic proximity, con- be considered to terminate such enrollment ‘‘(II) permits the individual to obtain such tinuity of providers, and capacity of the plan for cause. assistance from any other provider in appro- when conducting such reenrollment. ‘‘(C) NOTICE OF TERMINATION.— priate circumstances (as established by the ‘‘(2) CONDITIONS.—Paragraph (1) shall only ‘‘(i) NOTICE TO STATE.— State under regulations of the Secretary). apply if— ‘‘(I) BY INDIVIDUALS.—Each individual ter- ‘‘(D) CHANGES IN ENROLLMENT.—The State ‘‘(A) the month for which the individual is minating enrollment with a managed care provides the individual with the opportunity to be reenrolled occurs during the enroll- entity under subparagraph (A) shall do so by

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providing notice of the termination to an of- ‘‘(6) DISABLED INDIVIDUALS.—Individuals ‘‘(ii) in accordance with applicable quality fice of the State agency administering the who are disabled (as determined under sec- assurance and utilization review standards of State plan under this title, the State or local tion 1614(a)(3)). the entity. welfare agency, or an office of a managed ‘‘(7) PERSONS WITH AIDS OR HIV INFECTION.— Nothing in this subsection shall be construed care entity. An individual with acquired immune defi- as preventing such a treatment plan for an ‘‘(II) BY ORGANIZATIONS.—Any managed ciency syndrome (AIDS) or who has been de- enrollee from requiring a specialist to pro- care entity which receives notice of an indi- termined to be infected with the HIV virus. vide the primary care provider with regular vidual’s termination of enrollment with such ‘‘SEC. 1942. BENEFICIARY ACCESS TO SERVICES updates on the specialty care provided, as entity through receipt of such notice at an GENERALLY. well as all necessary medical information. office of a managed care entity shall provide ‘‘(a) ACCESS TO SERVICES.— ‘‘(D) REFERRALS TO PARTICIPATING PRO- timely notice of the termination to the ‘‘(1) IN GENERAL.—Each managed care enti- VIDERS.—An entity is not required under sub- State agency administering the State plan ty shall provide or arrange for the provision paragraph (A) to provide for a referral to a under this title. of all medically necessary medical assistance specialist that is not a participating pro- ‘‘(ii) NOTICE TO PLAN.—The State agency under this title which is specified in the con- vider, unless the entity does not have an ap- administering the State plan under this title tract entered into between such entity and propriate specialist that is available and ac- or the State or local welfare agency which the State under section 1941(a)(1)(B) for en- cessible to treat the enrollee’s condition and receives notice of an individual’s termi- rollees who are eligible for medical assist- that is a participating provider with respect nation of enrollment with a managed care ance under the State plan under this title. to such treatment. entity under clause (i) shall provide timely ‘‘(2) PRIMARY-CARE-PROVIDER-TO-ENROLLEE ‘‘(E) TREATMENT OF NONPARTICIPATING PRO- notice of the termination to such entity. RATIO AND MAXIMUM TRAVEL TIME.—Each such VIDERS.—If an entity refers an enrollee to a ‘‘(3) PROVISION OF INFORMATION.— entity shall assure adequate access to pri- nonparticipating specialist, services pro- ‘‘(A) IN GENERAL.—Each State, enrollment mary care services by meeting standards, es- vided pursuant to the approved treatment broker, or managed care organization shall tablished by the Secretary, relating to the plan shall be provided at no additional cost provide all enrollment notices and informa- maximum ratio of enrollees under this title to the enrollee beyond what the enrollee tional and instructional materials in a man- to full-time-equivalent primary care pro- ner and form which may be easily under- would otherwise pay for services received by viders available to serve such enrollees and stood by enrollees of the entity who are eli- such a specialist that is a participating pro- to maximum travel time for such enrollees gible for medical assistance under the State vider. to access such providers. The Secretary may plan under this title, including enrollees and ‘‘(2) SPECIALISTS AS PRIMARY CARE PRO- potential enrollees who are blind, deaf, dis- permit such a maximum ratio to vary de- VIDERS.— abled, or cannot read or understand the pending on the area and population served. ‘‘(A) IN GENERAL.—A managed care entity English language. Such standards shall be based on standards shall have a procedure by which a new en- commonly applied in the commercial mar- ‘‘(B) INFORMATION TO HEALTH CARE PRO- rollee upon enrollment, or an enrollee upon ket, commonly used in accreditation of man- VIDERS, ENROLLEES, AND POTENTIAL ENROLL- diagnosis, with an ongoing special condition aged care organizations, and standards used EES.—Each medicaid managed care organiza- (as defined in subparagraph (C)) may receive tion shall— in the approval of waiver applications under a referral to a specialist for such condition ‘‘(i) upon request, make the information section 1115, and shall be consistent with the who shall be responsible for and capable of described in section 1945(e)(1)(A)available to requirements under section 1876(c)(4)(A). providing and coordinating the enrollee’s enrollees and potential enrollees in the orga- ‘‘(b) OBSTETRICAL AND GYNECOLOGICAL primary and specialty care. If such an enroll- nization’s service area; and CARE.— ee’s care would most appropriately be co- ‘‘(ii) provide to enrollees and potential en- ‘‘(1) IN GENERAL.—A managed care entity ordinated by such a specialist, the entity rollees information regarding all items and may not require prior authorization by the shall refer the enrollee to such specialist. services that are available to enrollees under individual’s primary care provider or other- ‘‘(B) TREATMENT AS PRIMARY CARE PRO- the contract between the State and the orga- wise restrict the individual’s access to gyne- VIDER.—Such specialist shall be permitted to nization that are covered either directly or cological and obstetrical care provided by a treat the enrollee without a referral from through a method of referral and prior au- participating provider who specializes in ob- the enrollee’s primary care provider and may thorization. stetrics and gynecology to the extent such authorize such referrals, procedures, tests, ‘‘(e) SPECIAL NEEDS INDIVIDUALS DE- care is otherwise covered, and may treat the and other medical services as the enrollee’s SCRIBED.—In this part, the term ‘special ordering of other obstetrical and gyneco- primary care provider would otherwise be needs individual’ means any of the following logical care by such a participating provider permitted to provide or authorize, subject to individuals: as the prior authorization of the primary the terms of the treatment plan (referred to ‘‘(1) SPECIAL NEEDS CHILD.—An individual care provider with respect to such care under in paragraph (1)(C)(i)). who is under 19 years of age who— the coverage. ‘‘(C) ONGOING SPECIAL CONDITION DEFINED.— ‘‘(A) is eligible for supplemental security ‘‘(2) CONSTRUCTION.—Nothing in paragraph In this paragraph, the term ‘special condi- income under title XVI; (1)(B)(ii) shall waive any requirements of tion’ means a physical and mental condition ‘‘(B) is described under section 501(a)(1)(D); coverage relating to medical necessity or ap- or disease that— ‘‘(C) is a child described in section propriateness with respect to coverage of ‘‘(i) is life-threatening, degenerative, or 1902(e)(3); gynecological care so ordered. disabling, and ‘‘(D) is receiving services under a program ‘‘(c) SPECIALTY CARE.— ‘‘(ii) requires specialized medical care over under part B or part E of title IV; or ‘‘(1) REFERRAL TO SPECIALTY CARE FOR EN- a prolonged period of time. ‘‘(E) is not described in any preceding sub- ROLLEES REQUIRING TREATMENT BY SPECIAL- ‘‘(D) TERMS OF REFERRAL.—The provisions paragraph but is otherwise considered a child ISTS.— of subparagraphs (C) through (E) of para- with special health care needs who is adopt- ‘‘(A) IN GENERAL.—In the case of an en- graph (1) shall apply with respect to referrals ed, in foster care, or otherwise in an out-of- rollee under a managed care entity and who under subparagraph (A) of this paragraph in home placement. has a condition or disease of sufficient seri- the same manner as they apply to referrals ‘‘(2) HOMELESS INDIVIDUALS.—An individual ousness and complexity to require treatment under paragraph (1)(A). who is homeless (without regard to whether by a specialist, the entity shall make or pro- ‘‘(3) STANDING REFERRALS.— the individual is a member of a family), in- vide for a referral to a specialist who is ‘‘(A) IN GENERAL.—A managed care entity cluding— available and accessible to provide the treat- shall have a procedure by which an enrollee ‘‘(A) an individual whose primary residence ment for such condition or disease. who has a condition that requires ongoing during the night is a supervised public or pri- ‘‘(B) SPECIALIST DEFINED.—For purposes of care from a specialist may receive a standing vate facility that provides temporary living this subsection, the term ‘specialist’ means, referral to such specialist for treatment of accommodations; or with respect to a condition, a health care such condition. If the issuer, or the primary ‘‘(B) an individual who is a resident in practitioner, facility, or center (such as a care provider in consultation with the med- transitional housing. center of excellence) that has adequate ex- ical director of the entity and the specialist ‘‘(3) MIGRANT AGRICULTURAL WORKERS.—A pertise through appropriate training and ex- (if any), determines that such a standing re- migratory agricultural worker or a seasonal perience (including, in the case of a child, an ferral is appropriate, the entity shall make agricultural worker (as such terms are de- appropriate pediatric specialist) to provide such a referral to such a specialist. fined in section 330(g)(3) of the Public Health high quality care in treating the condition. ‘‘(B) TERMS OF REFERRAL.—The provisions Service Act), or the spouse or dependent of ‘‘(C) CARE UNDER REFERRAL.—Care provided of subparagraphs (C) through (E) of para- such a worker. pursuant to such referral under subpara- graph (1) shall apply with respect to referrals ‘‘(4) INDIANS.—An Indian (as defined in sec- graph (A) shall be— under subparagraph (A) of this paragraph in tion 4(c) of the Indian Health Care Improve- ‘‘(i) pursuant to a treatment plan (if any) the same manner as they apply to referrals ment Act (25 U.S.C. 1603(c))). developed by the specialist and approved by under paragraph (1)(A). ‘‘(5) MEDICARE BENEFICIARIES.—A qualified the entity, in consultation with the des- ‘‘(d) TIMELY DELIVERY OF SERVICES.—Each medicare beneficiary (as defined in section ignated primary care provider or specialist managed care entity shall respond to re- 1905(p)(1)) or an individual otherwise eligible and the enrollee (or the enrollee’s designee), quests from enrollees for the delivery of for benefits under title XVIII. and medical assistance in a manner which—

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5448 CONGRESSIONAL RECORD — SENATE June 10, 1997 ‘‘(1) makes such assistance— the Secretary) that the organization, with and who has a contract with the managed ‘‘(A) available and accessible to each such respect to a service area— care entity to provide such assistance; or individual, within the area served by the en- ‘‘(A) has the capacity to serve the expected ‘‘(ii) if appropriate services are not avail- tity, with reasonable promptness and in a enrollment in such service area; able through the managed care entity, per- manner which assures continuity; and ‘‘(B) offers an appropriate range of services mitting such enrollee to seek appropriate ‘‘(B) when medically necessary, available for the population expected to be enrolled in specialty services from pediatric health care and accessible 24 hours a day and 7 days a such service area, including transportation providers outside of or apart from the man- week; and services and translation services consisting aged care entity; and ‘‘(2) with respect to assistance provided to of the principal languages spoken in the ‘‘(B) the managed care entity shall require such an individual other than through the service area; each health care provider with whom the entity, or without prior authorization, in the ‘‘(C) maintains a sufficient number, mix, managed care entity has entered into an case of a primary care case management pro- and geographic distribution of providers of agreement to provide medical assistance to vider, provides for reimbursement to the in- services included in the contract with the enrollees to furnish the medical assistance dividual (if applicable under the contract be- State to ensure that services are available to specified in such enrollee’s treatment plan to tween the State and the entity) if— individuals receiving medical assistance and the extent the health care provider is able to ‘‘(A) the services were medically necessary enrolled in the organization to the same ex- carry out such treatment plan. and immediately required because of an un- tent that such services are available to indi- ‘‘(2) PRIOR AUTHORIZATION.—An enrollee re- foreseen illness, injury, or condition and viduals enrolled in the organization who are ferred for treatment under paragraph meet the requirements of section 1943; and not recipients of medical assistance under (1)(A)(i), or permitted to seek treatment out- ‘‘(B) it was not reasonable given the cir- the State plan under this title; side of or apart from the managed care enti- cumstances to obtain the services through ‘‘(D) maintains extended hours of oper- ty under paragraph (1)(A)(ii) shall be deemed the entity, or, in the case of a primary care ation with respect to primary care services to have obtained any prior authorization re- case management provider, with prior au- that are beyond those maintained during a quired by the entity. thorization. normal business day; ‘‘(3) CHILD WITH SPECIAL HEALTH CARE ‘‘(e) INTERNAL GRIEVANCE PROCEDURE.— ‘‘(E) provides preventive and primary care NEEDS.—For purposes of paragraph (1), a Each medicaid managed care organization services in locations that are readily acces- child has special health care needs if the shall establish an internal grievance proce- sible to members of the community; child is receiving services under— dure under which an enrollee who is eligible ‘‘(F) provides information concerning edu- ‘‘(A) a program administered under part B for medical assistance under the State plan cational, social, health, and nutritional serv- or part H of the Individuals with Disabilities under this title, or a provider on behalf of ices offered by other programs for which en- Education Act; or such an enrollee, may challenge the denial of rollees may be eligible; and ‘‘(B) any other program for children with coverage of or payment for such assistance. ‘‘(G) complies with such other require- special health care needs identified by the ‘‘(f) INFORMATION ON BENEFIT CARVE ments relating to access to care as the Sec- Secretary. retary or the State may impose. OUTS.—Each managed care entity shall in- ‘‘SEC. 1943. BENEFICIARY ACCESS TO EMER- ‘‘(2) PROOF OF ADEQUATE PRIMARY CARE CA- form each enrollee, in a written and promi- GENCY CARE. nent manner, of any benefits to which the PACITY AND SERVICES.—Subject to paragraph (3), a medicaid managed care organization ‘‘(a) PROHIBITION OF CERTAIN RESTRICTIONS enrollee may be entitled to medical assist- ON COVERAGE OF EMERGENCY SERVICES.— ance under this title but which are not made that contracts with a reasonable number of primary care providers (as determined by the ‘‘(1) IN GENERAL.—If a managed care entity available to the enrollee through the entity. provides any benefits under a State plan Such information shall include information Secretary) and whose primary care member- ship includes a reasonable number (as so de- with respect to emergency services (as de- on where and how such enrollees may access fined in paragraph (2)(B)), the entity shall benefits not made available to the enrollee termined) of the following providers will be deemed to have satisfied the requirements of cover emergency services furnished to an en- through the entity. rollee— ‘‘(g) DUE PROCESS REQUIREMENTS FOR MAN- paragraph (1): ‘‘(A) Rural health clinics, as defined in sec- ‘‘(A) without the need for any prior author- AGED CARE ENTITIES.— ization determination, ‘‘(1) DENIAL OF OR UNREASONABLE DELAY IN tion 1905(l)(1). ‘‘(B) Federally-qualified health centers, as ‘‘(B) subject to paragraph (3), whether or DETERMINING COVERAGE AS GROUNDS FOR not the physician or provider furnishing such HEARING.—If a managed care entity (or enti- defined in section 1905(l)(2)(B). ‘‘(C) Clinics which are eligible to receive services is a participating physician or pro- ty acting an agreement with a managed care vider with respect to such services, and entity)— payment for services provided under title X of the Public Health Service Act. ‘‘(C) subject to paragraph (3), without re- ‘‘(A) denies coverage of or payment for gard to any other term or condition of such ‘‘(3) SUFFICIENT PROVIDERS OF SPECIALIZED medical assistance with respect to an en- coverage (other than an exclusion of bene- SERVICES.—Notwithstanding paragraphs (1) rollee who is eligible for such assistance fits). under the State plan under this title; or and (2), a medicaid managed care organiza- tion may not be considered to have satisfied ‘‘(2) EMERGENCY SERVICES; EMERGENCY MED- ‘‘(B) fails to make any eligibility or cov- ICAL CONDITION.—For purposes of this sec- erage determination sought by an enrollee the requirements of paragraph (1) if the orga- nization does not have a sufficient number tion— or, in the case of a medicaid managed care ‘‘(A) EMERGENCY MEDICAL CONDITION BASED organization, by a participating health care (as determined by the Secretary) of providers of specialized services, including perinatal ON PRUDENT LAYPERSON.—The term ‘emer- provider or enrollee, in a timely manner, de- gency medical condition’ means a medical pending upon the urgency of the situation, and pediatric specialty care, to ensure that such services are available and accessible. condition manifesting itself by acute symp- the enrollee or the health care provider fur- ‘‘(i) COMPLIANCE WITH CERTAIN MATERNITY toms of sufficient severity (including severe nishing such assistance to the enrollee (as AND MENTAL HEALTH REQUIREMENTS.—Each pain) such that a prudent layperson, who applicable) may obtain a fair hearing before, medicaid managed care organization shall possesses an average knowledge of health and shall be provided a timely decision by, comply with the requirements of subpart 2 of and medicine, could reasonably expect the the State agency administering the State part A of title XXVII of the Public Health absence of immediate medical attention to plan under this title in accordance with sec- Service Act insofar as such requirements result in— tion 1902(a)(3). Such decisions shall be ren- apply with respect to a health insurance ‘‘(i) placing the health of the individual dered as soon as possible in accordance with issuer that offers group health insurance (or, with respect to a pregnant woman, the the medical exigencies of the cases, and in no coverage. health of the woman or her unborn child) in event later than 72 hours in the case of hear- ‘‘(j) TREATMENT OF CHILDREN WITH SPECIAL serious jeopardy, ings on decisions regarding urgent care and 5 HEALTH CARE NEEDS.— ‘‘(ii) serious impairment to bodily func- days in the case of all other hearings. ‘‘(1) IN GENERAL.—In the case of an enrollee tions, or ‘‘(2) COMPLETION OF INTERNAL GRIEVANCE of a managed care entity who is a child de- ‘‘(iii) serious dysfunction of any bodily PROCEDURE.—Nothing in this subsection shall scribed in section 1941(e)(1) or who has spe- organ or part. require completion of an internal grievance cial health care needs (as defined in para- ‘‘(B) EMERGENCY SERVICES.—The term procedure if the procedure does not provide graph (3))— ‘emergency services’ means— for timely review of health needs considered ‘‘(A) if any medical assistance specified in ‘‘(i) a medical screening examination (as by the enrollee’s health care provider to be the contract with the State is identified in a required under section 1867) that is within of an urgent nature or is not otherwise con- treatment plan prepared for the enrollee by the capability of the emergency department sistent with the requirements for such proce- a program described in subsection (c)(1) or of a hospital, including ancillary services dures under section 1876(c). paragraph (3), the managed care entity shall routinely available to the emergency depart- ‘‘(h) DEMONSTRATION OF ADEQUATE CAPAC- provide (or arrange to be provided) such as- ment, to evaluate an emergency medical ITY AND SERVICES.— sistance in accordance with the treatment condition (as defined in subparagraph (A)), ‘‘(1) IN GENERAL.—Subject to paragraph (3), plan either— and each medicaid managed care organization ‘‘(i) by referring the enrollee to a pediatric ‘‘(ii) within the capabilities of the staff and shall provide the State and the Secretary health care provider who is trained and expe- facilities available at the hospital, such fur- with adequate assurances (as determined by rienced in the provision of such assistance ther medical examination and treatment as

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5449 are required under section 1867 to stabilize trolling selection of the hospital in which leges at the hospital involved arrives at the the patient. the services were provided. emergency department of the hospital and ‘‘(C) TRAUMA AND BURN CENTERS.—The pro- ‘‘(b) ASSURING COORDINATED COVERAGE OF assumes responsibility with respect to the visions of clause (ii) of subparagraph (B) MAINTENANCE CARE AND POST-STABILIZATION treatment of the individual; or apply to a trauma or burn center, in a hos- CARE.— ‘‘(C) the treating physician and the entity pital, that— ‘‘(1) IN GENERAL.—In the case of an indi- agree to another arrangement with respect ‘‘(i) is designated by the State, a regional vidual who is enrolled with a managed care to the care of the individual. authority of the State, or by the designee of entity and who has received emergency serv- ‘‘(5) WHEN POST-STABILIZATION CARE RE- the State, or ices pursuant to a screening evaluation con- QUIRED TO BE COVERED.— ‘‘(ii) is in a State that has not made such ducted (or supervised) by a treating physi- ‘‘(A) WHEN TREATING PHYSICIAN UNABLE TO designations and meets medically recognized cian at a hospital that is a nonparticipating COMMUNICATE REQUEST.—If the treating phy- national standards. provider with respect to emergency services, sician or other individual makes the good ‘‘(3) APPLICATION OF NETWORK RESTRICTION if— faith effort to request authorization under PERMITTED IN CERTAIN CASES.— ‘‘(A) pursuant to such evaluation, the phy- paragraph (1)(C) but is unable to commu- ‘‘(A) IN GENERAL.—Except as provided in sician identifies post-stabilization care (as nicate the request directly with an author- subparagraph (B), if a managed care entity defined in paragraph (3)(B)) that is required ized person referred to in such paragraph in relation to benefits provided under this by the enrollee, within 30 minutes after the time of initiating title denies, limits, or otherwise differen- ‘‘(B) the coverage through the entity under such effort, then post-stabilization care is re- tiates in benefits or payment for benefits this title provides benefits with respect to quired to be covered under this subsection other than emergency services on the basis the care so identified and the coverage re- beginning at the end of such 30-minute pe- that the physician or provider of such serv- quires (but for this subsection) an affirma- riod. ices is a nonparticipating physician or pro- tive prior authorization determination as a ‘‘(B) WHEN ABLE TO COMMUNICATE REQUEST, vider, the entity may deny, limit, or dif- condition of coverage of such care, and AND NO TIMELY RESPONSE.— ferentiate in coverage or payment for emer- ‘‘(C) the treating physician (or another in- ‘‘(i) IN GENERAL.—If the treating physician gency services on such basis. dividual acting on behalf of such physician) or other individual under paragraph (1)(C) is ‘‘(B) NETWORK RESTRICTIONS NOT PERMITTED initiates, not later than 30 minutes after the able to communicate the request within the IN CERTAIN EXCEPTIONAL CASES.—The denial time the treating physician determines that 30-minute period described in subparagraph or limitation of, or differentiation in, cov- the condition of the enrollee is stabilized, a (A), the post-stabilization care requested is erage or payment of benefits for emergency good faith effort to contact a physician or required to be covered under this subsection services under subparagraph (A) shall not other person authorized by the entity (by beginning 30 minutes after the time when apply in the following cases: telephone or other means) to obtain an af- the entity receives the request unless a per- ‘‘(i) CIRCUMSTANCES BEYOND CONTROL OF EN- firmative prior authorization determination son authorized by the entity involved com- ROLLEE.—The enrollee is unable to go to a with respect to the care, municates (or makes a good faith effort to participating hospital for such services due then, without regard to terms and conditions communicate) a denial of the request for the to circumstances beyond the control of the specified in paragraph (2) the entity shall prior authorization determination within 30 enrollee (as determined consistent with cover maintenance care (as defined in para- minutes of the time when the entity receives guidelines and subparagraph (C)). graph (3)(A)) furnished to the enrollee during the request and the treating physician does ‘‘(ii) LIKELIHOOD OF AN ADVERSE HEALTH the period specified in paragraph (4) and not request under clause (ii) to communicate CONSEQUENCE BASED ON LAYPERSON’S JUDG- shall cover post-stabilization care furnished directly with an authorized physician con- MENT.—A prudent layperson possessing an to the enrollee during the period beginning cerning the denial. average knowledge of health and medicine under paragraph (5) and ending under para- ‘‘(ii) REQUEST FOR DIRECT PHYSICIAN-TO- could reasonably believe that, under the cir- graph (6). PHYSICIAN COMMUNICATION CONCERNING DE- cumstances and consistent with guidelines, ‘‘(2) TERMS AND CONDITIONS WAIVED.—The NIAL.—If a denial of a request is commu- the time required to go to a participating terms and conditions (of coverage) described nicated under clause (i), the treating physi- hospital for such services could result in any in this paragraph that are waived under cian may request to communicate respecting of the adverse health consequences described paragraph (1) are as follows: the denial directly with a physician who is in a clause of subsection (a)(2)(A). ‘‘(A) The need for any prior authorization authorized by the entity to deny or affirm ‘‘(iii) PHYSICIAN REFERRAL.—A partici- determination. such a denial. pating physician or other person authorized ‘‘(B) Any limitation on coverage based on ‘‘(C) WHEN NO TIMELY RESPONSE TO REQUEST by the plan refers the enrollee to an emer- whether or not the physician or provider fur- FOR PHYSICIAN-TO-PHYSICIAN COMMUNICA- gency department of a hospital and does not nishing the care is a participating physician TION.—If a request for physician-to-physician specify an emergency department of a hos- or provider with respect to such care. communication is made under subparagraph pital that is a participating hospital with re- ‘‘(C) Any other term or condition of the (B)(ii), the post-stabilization care requested spect to such services. coverage (other than an exclusion of benefits is required to be covered under this sub- ‘‘(C) APPLICATION OF ‘BEYOND CONTROL’ and other than a requirement relating to section beginning 30 minutes after the time STANDARDS.—For purposes of applying sub- medical necessity for coverage of benefits). when the entity receives the request from a paragraph (B)(i), receipt of emergency serv- ‘‘(3) MAINTENANCE CARE AND POST-STA- treating physician unless a physician, who is ices from a nonparticipating hospital shall BILIZATION CARE DEFINED.—In this subsection: authorized by the entity to reverse or affirm be treated under the guidelines as being ‘due ‘‘(A) MAINTENANCE CARE.—The term ‘main- the initial denial of the care, communicates to circumstances beyond the control of the tenance care’ means, with respect to an indi- (or makes a good faith effort to commu- enrollee’ if any of the following conditions vidual who is stabilized after provision of nicate) directly with the treating physician are met: emergency services, medically necessary within such 30-minute period. ‘‘(i) UNCONSCIOUS.—The enrollee was un- items and services (other than emergency ‘‘(D) DISAGREEMENTS OVER POST-STABILIZA- conscious or in an otherwise altered mental services) that are required by the individual TION CARE.—If, after a direct physician-to- state at the time of initiation of the serv- to ensure that the individual remains sta- physician communication under subpara- ices. bilized during the period described in para- graph (C), the denial of the request for the ‘‘(ii) AMBULANCE DELIVERY.—The enrollee graph (4). post-stabilization care is not reversed and was transported by an ambulance or other ‘‘(B) POST-STABILIZATION CARE.—The term the treating physician communicates to the emergency vehicle directed by a person other ‘post-stabilization care’ means, with respect entity involved a disagreement with such de- than the enrollee to the nonparticipating to an individual who is determined to be sta- cision, the post-stabilization care requested hospital in which the services were provided. ble pursuant to a medical screening exam- is required to be covered under this sub- ‘‘(iii) NATURAL DISASTER.—A natural dis- ination or who is stabilized after provision of section beginning as follows: aster or civil disturbance prevented the en- emergency services, medically necessary ‘‘(i) DELAY TO ALLOW FOR PROMPT ARRIVAL rollee from presenting to a participating items and services (other than emergency OF PHYSICIAN ASSUMING RESPONSIBILITY.—If hospital for the provision of such services. services and other than maintenance care) the issuer communicates that a physician ‘‘(iv) NO GOOD FAITH EFFORT TO INFORM OF that are required by the individual. (designated by the entity) with privileges at CHANGE IN PARTICIPATION DURING A CONTRACT ‘‘(4) PERIOD OF REQUIRED COVERAGE OF the hospital involved will arrive promptly YEAR.—The status of the hospital changed MAINTENANCE CARE.—The period of required (as determined under guidelines) at the from a participating hospital to a non- coverage of maintenance care of an indi- emergency department of the hospital in participating hospital with respect to emer- vidual under this subsection begins at the order to assume responsibility with respect gency services during a contract year and time of the request (or the initiation of the to the treatment of the enrollee involved, the entity failed to make a good faith effort good faith effort to make the request) under the required coverage of the post-stabiliza- to notify the enrollee involved of such paragraph (1)(C) and ends when— tion care begins after the passage of such change. ‘‘(A) the individual is discharged from the time period as would allow the prompt ar- ‘‘(v) OTHER CONDITIONS.—There were other hospital; rival of such a physician. factors (such as those identified in guide- ‘‘(B) a physician (designated by the man- ‘‘(ii) OTHER CASES.—If the entity does not lines) that prevented the enrollee from con- aged care entity involved) and with privi- so communicate, the required coverage of

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5450 CONGRESSIONAL RECORD — SENATE June 10, 1997 the post-stabilization care begins imme- mination’ means, with respect to items and under such a contract in the same manner as diately. services for which coverage may be provided such provisions would apply to the managed ‘‘(6) NO REQUIREMENT OF COVERAGE OF POST- by a managed are entity, a determination care entity if it provided such services di- STABILIZATION CARE IF ALTERNATE PLAN OF (before the provision of the items and serv- rectly and not through a contract with an- TREATMENT.— ices and as a condition of coverage of the other entity. ‘‘(A) IN GENERAL.—Coverage of post-sta- items and services under the coverage) of bilization care is not required under this sub- whether or not such items and services will ‘‘SEC. 1945. ASSURING QUALITY CARE. section with respect to an individual when— be covered under the coverage. ‘‘(a) EXTERNAL INDEPENDENT REVIEW OF ‘‘(i) subject to subparagraph (B), a physi- ‘‘(5) STABILIZE.—The term ‘to stabilize’ MANAGED CARE ENTITY ACTIVITIES.— cian (designated by the entity involved) and means, with respect to an emergency med- ‘‘(1) REVIEW OF MEDICAID MANAGED CARE OR- with privileges at the hospital involved ar- ical condition, to provide (in complying with GANIZATION CONTRACT.— rives at the emergency department of the section 1867 of the Social Security Act) such ‘‘(A) IN GENERAL.—Except as provided in hospital and assumes responsibility with re- medical treatment of the condition as may paragraph (2), each medicaid managed care spect to the treatment of the individual; or be necessary to assure, within reasonable organization shall be subject to an annual ‘‘(ii) the treating physician and the entity medical probability, that no material dete- external independent review of the quality agree to another arrangement with respect rioration of the condition is likely to result outcomes and timeliness of, and access to, to the post-stabilization care (such as an ap- from or occur during the transfer of the indi- the items and services specified in such orga- propriate transfer of the individual involved vidual from the facility. nization’s contract with the State under sec- to another facility or an appointment for ‘‘(6) STABILIZED.—The term ‘stabilized’ tion 1941(a)(1)(B). Such review shall specifi- timely followup treatment for the indi- means, with respect to an emergency med- cally evaluate the extent to which the med- vidual). ical condition, that no material deteriora- icaid managed care organization provides ‘‘(B) SPECIAL RULE WHERE ONCE CARE INITI- tion of the condition is likely, within reason- such services in a timely manner. ATED.—Required coverage of requested post- able medical probability, to result from or ‘‘(B) CONTENTS OF REVIEW.—An external stabilization care shall not end by reason of occur before an individual can be transferred independent review conducted under this subparagraph (A)(i) during an episode of care from the facility, in compliance with the re- (as determined by guidelines) if the treating subsection shall include— quirements of section 1867 of the Social Se- ‘‘(i) a review of the entity’s medical care, physician initiated such care (consistent curity Act. with a previous paragraph) before the arrival through sampling of medical records or other ‘‘(7) TREATING PHYSICIAN.—The term ‘treat- appropriate methods, for indications of qual- of a physician described in such subpara- ing physician’ includes a treating health graph. ity of care and inappropriate utilization (in- care professional who is licensed under State cluding overutilization) and treatment, ‘‘(7) CONSTRUCTION.—Nothing in this sub- law to provide emergency services other ‘‘(ii) a review of enrollee inpatient and am- section shall be construed as— than under the supervision of a physician. ‘‘(A) preventing a managed care entity bulatory data, through sampling of medical from authorizing coverage of maintenance ‘‘SEC. 1944. OTHER BENEFICIARY PROTECTIONS. records or other appropriate methods, to de- care or post-stabilization care in advance or ‘‘(a) PROTECTING ENROLLEES AGAINST THE termine trends in quality and appropriate- at any time; or INSOLVENCY OF MANAGED CARE ENTITIES AND ness of care, ‘‘(B) preventing a treating physician or AGAINST THE FAILURE OF THE STATE TO PAY ‘‘(iii) notification of the entity and the other individual described in paragraph SUCH ENTITIES.—Each managed care entity State when the review under this paragraph (1)(C) and such an entity from agreeing to shall provide that an individual eligible for indicates inappropriate care, treatment, or modify any of the time periods specified in medical assistance under the State plan utilization of services (including overutiliza- paragraphs (5) as it relates to cases involving under this title who is enrolled with the en- tion), and such persons. tity may not be held liable— ‘‘(iv) other activities as prescribed by the ‘‘(c) INFORMATION ON ACCESS TO EMERGENCY ‘‘(1) for the debts of the managed care enti- Secretary or the State. SERVICES.—A managed care entity, to the ex- ty, in the event of the medicaid managed ‘‘(C) USE OF PROTOCOLS.—An external inde- tent the entity offers health insurance cov- care organization’s insolvency; pendent review conducted under this sub- erage, shall provide education to enrollees ‘‘(2) for services provided to the indi- section on and after January 1, 1999, shall on— vidual— use protocols that have been developed, test- ‘‘(1) coverage of emergency services (as de- ‘‘(A) in the event of the medicaid managed ed, and validated by the Secretary and that fined in subsection (a)(2)(B)) by the entity in care organization failing to receive payment are at least as rigorous as those used by the accordance with the provisions of this sec- from the State for such services; or National Committee on Quality Assurance as tion, ‘‘(B) in the event of a health care provider of the date of the enactment of this section. ‘‘(2) the appropriate use of emergency serv- with a contractual or other arrangement ‘‘(D) AVAILABILITY OF RESULTS.—The re- ices, including use of the 911 telephone sys- with the medicaid managed care organiza- sults of each external independent review tem or its local equivalent, tion failing to receive payment from the conducted under this paragraph shall be ‘‘(3) any cost sharing applicable to emer- State or the managed care entity for such available to participating health care pro- gency services, services; or viders, enrollees, and potential enrollees of ‘‘(4) the process and procedures of the plan ‘‘(3) for the debts of any health care pro- the medicaid managed care organization, ex- for obtaining emergency services, and vider with a contractual or other arrange- cept that the results may not be made avail- ‘‘(5) the locations of— ment with the medicaid managed care orga- able in a manner that discloses the identity ‘‘(A) emergency departments, and nization to provide services to the indi- of any individual patient. ‘‘(B) other settings, vidual, in the event of the insolvency of the ‘‘(2) DEEMED COMPLIANCE.— in which participating physicians and hos- health care provider. ‘‘(A) MEDICARE ORGANIZATIONS.—The re- pitals provide emergency services and post- ‘‘(b) PROTECTION OF BENEFICIARIES AGAINST quirements of paragraph (1) shall not apply stabilization care. BALANCE BILLING THROUGH SUBCONTRAC- with respect to a medicaid managed care or- ‘‘(d) GENERAL DEFINITIONS.—For purposes TORS.— ganization if the organization is an eligible of this section: ‘‘(1) IN GENERAL.—Any contract between a organization with a contract in effect under ‘‘(1) COST SHARING.—The term ‘cost shar- managed care entity that has an agreement section 1876. ing’ means any deductible, coinsurance with a State under this title and another en- ‘‘(B) PRIVATE ACCREDITATION.— amount, copayment or other out-of-pocket tity under which the entity (or any other en- ‘‘(i) IN GENERAL.—The requirements of payment (other than premiums or enroll- tity pursuant to the contract) provides di- paragraph (1) shall not apply with respect to ment fees) that a managed care entity issuer rectly or indirectly for the provision of serv- a medicaid managed care organization if — imposes on enrollees with respect to the cov- ices to beneficiaries under the agreement ‘‘(I) the organization is accredited by an erage of benefits. with the State shall include such provisions organization meeting the requirements de- ‘‘(2) GOOD FAITH EFFORT.—The term ‘good as the Secretary may require in order to as- scribed in subparagraph (C)); and faith effort’ has the meaning given such sure that the entity complies with balance ‘‘(II) the standards and process under term in guidelines and requires such appro- billing limitations and other requirements of which the organization is accredited meet priate documentation as is specified under this title (such as limitation on withholding such requirements as are established under such guidelines. of services) as they would apply to the man- clause (ii), without regard to whether or not ‘‘(3) GUIDELINES.—The term ‘guidelines’ aged care entity if such entity provided such the time requirement of such clause is satis- means guidelines established by the Sec- services directly and not through a contract fied. retary after consultation with an advisory with another entity. ‘‘(ii) STANDARDS AND PROCESS.—Not later panel that includes individuals representing ‘‘(2) APPLICATION OF SANCTIONS FOR VIOLA- than 180 days after the date of the enactment emergency physicians, managed care enti- TIONS.—The provisions of section of this section, the Secretary shall specify ties, including at least one health mainte- 1128A(b)(2)(B) and 1128B(d)(1) shall apply with requirements for the standards and process nance organization, hospitals, employers, respect to entities contracting directly or in- under which a medicaid managed care orga- the States, and consumers. directly with a managed care entity (with a nization is accredited by an organization ‘‘(4) PRIOR AUTHORIZATION DETERMINA- contract with a State under this title) for meeting the requirements of subparagraph TION.—The term ‘prior authorization deter- the provision of services to beneficiaries (B).

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‘‘(C) ACCREDITING ORGANIZATION.—An ac- complete and timely information concerning sistance under the State plan under this title crediting organization meets the require- the services that the primary care case man- who are enrolled with the entity on a timely ments of this subparagraph if the organiza- agement provider provides to (or arranges to basis consistent with section 1943 and under tion— be provided to) individuals eligible for med- the claims payment procedures described in ‘‘(i) is a private, nonprofit organization; ical assistance under the State plan under section 1902(a)(37)(A), unless the health care ‘‘(ii) exists for the primary purpose of ac- this title; provider and the managed care entity agree crediting managed care organizations or ‘‘(B) make available to enrollees and po- to an alternate payment schedule. health care providers; and tential enrollees information concerning ‘‘(c) APPLICATION OF MEDICARE PROHIBITION ‘‘(iii) is independent of health care pro- services available to the enrollee for which OF RESTRICTIONS ON PHYSICIANS’ ADVICE AND viders or associations of health care pro- prior authorization by the primary care case COUNSEL TO ENROLLEES.—A managed care en- viders. management provider is required; tity shall comply with the same prohibitions ‘‘(3) REVIEW OF PRIMARY CARE CASE MAN- ‘‘(C) provide enrollees and potential enroll- on any restrictions relating to physicians’ AGEMENT PROVIDER CONTRACT.—Each primary ees information regarding all items and serv- advice and counsel to individuals as apply to care case management provider shall be sub- ices that are available to enrollees under the eligible organizations under section 1876. ‘‘(d) PHYSICIAN INCENTIVE PLANS.—Each ject to an annual external independent re- contract between the State and the primary medicaid managed care organization shall view of the quality and timeliness of, and ac- care case management provider that are cov- require that any physician incentive plan cess to, the items and services specified in ered either directly or through a method of the contract entered into between the State covering physicians who are participating in referral and prior authorization; and the medicaid managed care organization and the primary care case management pro- ‘‘(D) provide assurances that such entities vider under section 1941(a)(1)(B). shall meet the requirements of section and their professional personnel are licensed 1876(i)(8). ‘‘(4) USE OF VALIDATION SURVEYS.—The Sec- as required by State law and qualified to pro- ‘‘(e) WRITTEN PROVIDER PARTICIPATION retary shall conduct surveys each year to vide case management services, through AGREEMENTS FOR CERTAIN PROVIDERS.—Each validate external reviews of at least 5 per- methods such as ongoing monitoring of com- medicaid managed care organization that en- cent of the number of managed care entities pliance with applicable requirements and ters into a written provider participation in the year. In conducting such surveys the providing information and technical assist- agreement with a provider described in sec- Secretary shall use the same protocols as ance. tion 1942(h)(2) shall— were used in preparing the external reviews. ‘‘(3) REQUIREMENTS FOR BOTH MEDICAID ‘‘(1) include terms and conditions that are If an external review finds that an individual MANAGED CARE ORGANIZATIONS AND PRIMARY no more restrictive than the terms and con- managed care entity meets applicable re- CARE CASE MANAGEMENT PROVIDERS.—Each ditions that the medicaid managed care or- quirements, but the Secretary determines managed care entity shall provide the State ganization includes in its agreements with that the entity does not meet such require- with aggregate encounter data for all items other participating providers with respect ments, the Secretary’s determination as to and services, including early and periodic to— the entity’s noncompliance with such re- screening, diagnostic, and treatment serv- ‘‘(A) the scope of covered services for quirements is binding and supersedes that of ices under section 1905(r) furnished to indi- which payment is made to the provider; the previous survey. viduals under 21 years of age. Any such data ‘‘(B) the assignment of enrollees by the or- ‘‘(b) FEDERAL MONITORING RESPONSIBIL- provided may be audited by the State and ganization to the provider; ITIES.—The Secretary shall review the exter- nal independent reviews conducted pursuant the Secretary. ‘‘(C) the limitation on financial risk or to subsection (a) and shall monitor the effec- ‘‘(d) CONDITIONS FOR PRIOR AUTHORIZA- availability of financial incentives to the tiveness of the State’s monitoring and fol- TION.—Subject to section 1943, a managed provider; lowup activities required under section care entity may require the approval of med- ‘‘(D) accessibility of care; 1942(b)(1). If the Secretary determines that a ical assistance for nonemergency services be- ‘‘(E) professional credentialing and State’s monitoring and followup activities fore the assistance is furnished to an en- recredentialing; are not adequate to ensure that the require- rollee only if the system providing for such ‘‘(F) licensure; ments of such section are met, the Secretary approval provides that such decisions are ‘‘(G) quality and utilization management; shall undertake appropriate followup activi- made in a timely manner, depending upon ‘‘(I) confidentiality of patient records; ties to ensure that the State improves its the urgency of the situation. ‘‘(J) grievance procedures; and monitoring and followup activities. ‘‘(e) PATIENT ENCOUNTER DATA.—Each med- ‘‘(K) indemnification arrangements be- ‘‘(c) PROVIDING INFORMATION ON SERV- icaid managed care organization shall main- tween the organizations and providers; and ICES.— tain sufficient patient encounter data to ‘‘(2) provide for payment to the provider on ‘‘(1) REQUIREMENTS FOR MEDICAID MANAGED identify the health care provider who deliv- a basis that is comparable to the basis on CARE ORGANIZATIONS.— ers services to patients and to otherwise en- which other providers are paid. ‘‘(A) INFORMATION TO THE STATE.—Each able the State plan to meet the requirements ‘‘(f) PAYMENTS TO FEDERALLY-QUALIFIED medicaid managed care organization shall of section 1902(a)(27) and shall submit such HEALTH CENTERS.—Each medicaid managed provide to the State (at least at such fre- data to the State or the Secretary upon re- care organization that has a contract under quency as the Secretary may require), com- quest. The medicaid managed care organiza- this title with respect to the provision of plete and timely information concerning the tion shall incorporate such information in services of a federally qualified health center following: the maintenance of patient encounter data shall provide, at the election of such center, ‘‘(i) The services that the organization pro- with respect to such health care provider. that the organization shall provide payments to such a center for services described in vides to (or arranges to be provided to) indi- ‘‘(f) INCENTIVES FOR HIGH QUALITY MAN- 1905(a)(2)(C) at the rates of payment specified viduals eligible for medical assistance under AGED CARE ENTITIES.—The Secretary and the in section 1902(a)(13)(E). the State plan under this title. State may establish a program to reward, ‘‘(ii) The identity, locations, qualifica- through public recognition, incentive pay- ‘‘SEC. 1947. ASSURING ADEQUACY OF PAYMENTS TO MEDICAID MANAGED CARE OR- tions, and availability of participating ments, or enrollment of additional individ- GANIZATIONS AND ENTITIES. health care providers. uals (or combinations of such rewards), man- ‘‘(a) ADEQUATE RATES.—As a condition of ‘‘(iii) The rights and responsibilities of en- aged care entities that provide the highest approval of a State plan under this title, a rollees. quality care to individuals eligible for med- State shall find, determine, and make assur- ‘‘(iv) The services provided by the organi- ical assistance under the State plan under ances satisfactory to the Secretary that— zation which are subject to prior authoriza- this title who are enrolled with such enti- ‘‘(1) the rates it pays medicaid managed tion by the organization as a condition of ties. For purposes of section 1903(a)(7), proper care organizations for individuals eligible coverage (in accordance with subsection (d)). expenses incurred by a State in carrying out under the State plan are reasonable and ade- ‘‘(v) The procedures available to an en- such a program shall be considered to be ex- quate to assure access to services meeting rollee and a health care provider to appeal penses necessary for the proper and efficient professionally recognized quality standards, the failure of the organization to cover a administration of the State plan under this taking into account— service. title. ‘‘(A) the items and services to which the ‘‘(vi) The performance of the organization ‘‘SEC. 1946. PROTECTIONS FOR PROVIDERS. rate applies, in serving individuals eligible for medical as- ‘‘(a) INFORMATION TO HEALTH CARE PRO- ‘‘(B) the eligible population, and sistance under the State plan under this VIDERS.—Each medicaid managed care orga- ‘‘(C) the rate the State pays providers for title. nization shall upon request, make the infor- such items and services; Such information shall be provided in a form mation described in section 1945(c)(1)(A) ‘‘(2) the methodology used to adjust the consistent with the reporting of similar in- available to participating health care pro- rate adequately reflects the varying risks as- formation by eligible organizations under viders. sociated with individuals actually enrolling section 1876. ‘‘(b) TIMELINESS OF PAYMENT.—A medicaid in each medicaid managed care organization; ‘‘(2) REQUIREMENTS FOR PRIMARY CARE CASE managed care organization shall make pay- and MANAGEMENT PROVIDERS.—Each primary care ment to health care providers for items and ‘‘(3) it will provide for an annual review of case management provider shall— services which are subject to the contract the actuarial soundness of rates by an inde- ‘‘(A) provide to the State (at least at such under section 1941(a)(1)(B) and which are fur- pendent actuary selected by the Secretary frequency as the Secretary may require), nished to individuals eligible for medical as- and for a copy of the actuary’s report on

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each such review to be transmitted to the ‘‘(D) PROHIBITING MARKETING FRAUD.—Each ability arrangements to protect members); State and the Secretary and made available managed care entity shall comply with such and to the public. procedures and conditions as the Secretary ‘‘(F) notify the Secretary of loans and ‘‘(b) ANNUAL REPORTS.—As a condition of prescribes in order to ensure that, before an other special financial arrangements which approval of a State plan under this title, a individual is enrolled with the entity, the in- are made between the organization and sub- State shall report to the Secretary, at least dividual is provided accurate oral and writ- contractors, affiliates, and related parties. annually, on the rates the States pays to ten and sufficient information to make an Each State is required to conduct audits on medicaid managed care organizations. informed decision whether or not to enroll. the books and records of at least 1 percent of ‘‘SEC. 1948. FRAUD AND ABUSE. ‘‘(E) PROHIBITION OF COLD CALL MAR- the number of medicaid managed care orga- ‘‘(a) PROVISIONS APPLICABLE TO MANAGED KETING.—Each managed care entity shall nizations operating in the State. CARE ENTITIES.— not, directly or indirectly, conduct door-to- ‘‘(3) ADEQUATE PROVISION AGAINST RISK OF ‘‘(1) PROHIBITING AFFILIATIONS WITH INDI- door, telephonic, or other ‘cold call’ mar- INSOLVENCY.— VIDUALS DEBARRED BY FEDERAL AGENCIES.— keting of enrollment under this title. ‘‘(A) ESTABLISHMENT OF STANDARDS.—The ‘‘(A) IN GENERAL.—A managed care entity ‘‘(b) PROVISIONS APPLICABLE ONLY TO MED- Secretary shall establish standards, includ- may not knowingly— ICAID MANAGED CARE ORGANIZATIONS.— ing appropriate equity standards, under ‘‘(i) have a person described in subpara- ‘‘(1) STATE CONFLICT-OF-INTEREST SAFE- which each medicaid managed care organiza- graph (C) as a director, officer, partner, or GUARDS IN MEDICAID RISK CONTRACTING.—A tion shall make adequate provision against person with beneficial ownership of more medicaid managed care organization may the risk of insolvency. than 5 percent of the organization’s equity; not enter into a contract with any State ONSIDERATION OF OTHER STANDARDS.— or under section 1941(a)(1)(B) unless the State ‘‘(B) C ‘‘(ii) have an employment, consulting, or has in effect conflict-of-interest safeguards In establishing the standards described in other agreement with a person described in with respect to officers and employees of the subparagraph (A), the Secretary shall con- such subparagraph for the provision of items State with responsibilities relating to con- sider solvency standards applicable to eligi- and services that are significant and mate- tracts with such organizations or to the de- ble organizations with a risk-sharing con- rial to the organization’s obligations under fault enrollment process described in section tract under section 1876. its contract with the State. 1941(a)(1)(F) that are at least as effective as ‘‘(C) MODEL CONTRACT ON SOLVENCY.—At ‘‘(B) EFFECT OF NONCOMPLIANCE.—If a State the Federal safeguards provided under sec- the earliest practicable time after the date finds that a managed care entity is not in tion 27 of the Office of Federal Procurement of enactment of this section, the Secretary compliance with clause (i) or (ii) of subpara- Policy Act (41 U.S.C. 423), against conflicts shall issue guidelines concerning solvency graph (A), the State— of interest that apply with respect to Fed- standards for risk contracting entities and ‘‘(i) shall notify the Secretary of such non- eral procurement officials with comparable subcontractors of such risk contracting enti- compliance; responsibilities with respect to such con- ties. Such guidelines shall take into account ‘‘(ii) may continue an existing agreement tracts. characteristics that may differ among risk with the entity unless the Secretary (in con- ‘‘(2) REQUIRING DISCLOSURE OF FINANCIAL IN- contracting entities including whether such sultation with the Inspector General of the FORMATION.—In addition to any requirements an entity is at risk for inpatient hospital Department of Health and Human Services) applicable under section 1902(a)(27) or services. directs otherwise; and 1902(a)(35), a medicaid managed care organi- ‘‘(4) REQUIRING REPORT ON NET EARNINGS ‘‘(iii) may not renew or otherwise extend zation shall— AND ADDITIONAL BENEFITS.—Each medicaid the duration of an existing agreement with ‘‘(A) report to the State (and to the Sec- managed care organization shall submit a re- the entity unless the Secretary (in consulta- retary upon the Secretary’s request) such fi- port to the State and the Secretary not later tion with the Inspector General of the De- nancial information as the State or the Sec- than 12 months after the close of a contract partment of Health and Human Services) retary may require to demonstrate that— year containing the most recent audited fi- provides to the State and to the Congress a ‘‘(i) the organization has the ability to nancial statement of the organization’s net written statement describing compelling bear the risk of potential financial losses and earnings and consistent with generally ac- reasons that exist for renewing or extending otherwise has a fiscally sound operation; cepted accounting principles. the agreement. ‘‘(ii) the organization uses the funds paid ‘‘(c) DISCLOSURE OF OWNERSHIP AND RE- ‘‘(C) PERSONS DESCRIBED.—A person is de- to it by the State and the Secretary for ac- LATED INFORMATION.—Each medicaid man- scribed in this subparagraph if such person— tivities consistent with the requirements of aged care organization shall provide for dis- ‘‘(i) is debarred, suspended, or otherwise this title and the contract between the State closure of information in accordance with excluded from participating in procurement and organization; and section 1124. activities under the Federal acquisition reg- ‘‘(iii) the organization does not place an in- ‘‘(d) DISCLOSURE OF TRANSACTION INFORMA- ulation or from participating in nonprocure- dividual physician, physician group, or other TION.— ment activities under regulations issued pur- health care provider at substantial risk (as ‘‘(1) IN GENERAL.—Each medicaid managed suant to Executive Order 12549; or determined by the Secretary) for services care organization which is not a qualified ‘‘(ii) is an affiliate (within the meaning of not provided by such physician, group, or health maintenance organization (as defined the Federal acquisition regulation) of a per- health care provider, by providing adequate in section 1310(d) of the Public Health Serv- son described in subparagraph (A). protection (as determined by the Secretary) ice Act) shall report to the State and, upon ‘‘(2) RESTRICTIONS ON MARKETING.— to limit the liability of such physician, request, to the Secretary, the Inspector Gen- ‘‘(A) DISTRIBUTION OF MATERIALS.— group, or health care provider, through eral of the Department of Health and Human ‘‘(i) IN GENERAL.—A managed care entity measures such as stop loss insurance or ap- Services, and the Comptroller General a de- may not distribute directly or through any propriate risk corridors; scription of transactions between the organi- agent or independent contractor marketing ‘‘(B) agree that the Secretary and the zation and a party in interest (as defined in materials within any State— State (or any person or organization des- section 1318(b) of such Act), including the ‘‘(I) without the prior approval of the ignated by either) shall have the right to following transactions: State; and audit and inspect any books and records of ‘‘(A) Any sale or exchange, or leasing of ‘‘(II) that contain false or materially mis- the organization (and of any subcontractor) any property between the organization and leading information. relating to the information reported pursu- such a party. ‘‘(ii) CONSULTATION IN REVIEW OF MARKET ant to subparagraph (A) and any information ‘‘(B) Any furnishing for consideration of MATERIALS.—In the process of reviewing and required to be furnished under section para- goods, services (including management serv- approving such materials, the State shall graphs (27) or (35) of section 1902(a); ices), or facilities between the organization provide for consultation with a medical care ‘‘(C) make available to the Secretary and and such a party, but not including salaries advisory committee. the State a description of each transaction paid to employees for services provided in ‘‘(iii) PROHIBITION.—The State may not described in subparagraphs (A) through (C) of the normal course of their employment. enter into or renew a contract with a man- section 1318(a)(3) of the Public Health Serv- ‘‘(C) Any lending of money or other exten- aged care entity for the provision of services ice Act between the organization and a party sion of credit between the organization and to individuals enrolled under the State plan in interest (as defined in section 1318(b) of such a party. under this title if the State determines that such Act); The State or Secretary may require that in- the entity distributed directly or through ‘‘(D) agree to make available to its enroll- formation reported respecting a organization any agent or independent contractor mar- ees upon reasonable request— which controls, or is controlled by, or is keting materials in violation of clause (i). ‘‘(i) the information reported pursuant to under common control with, another entity ‘‘(B) SERVICE MARKET.—A managed care en- subparagraph (A); and be in the form of a consolidated financial tity shall distribute marketing materials to ‘‘(ii) the information required to be dis- statement for the organization and such en- the entire service area of such entity. closed under sections 1124 and 1126; tity. ‘‘(C) PROHIBITION OF TIE-INS.—A managed ‘‘(E) comply with subsections (a) and (c) of ‘‘(2) Each such organization shall make the care entity, or any agency of such entity, section 1318 of the Public Health Service Act information reported pursuant to paragraph may not seek to influence an individual’s en- (relating to disclosure of certain financial (1) available to its enrollees upon reasonable rollment with the entity in conjunction with information) and with the requirement of request. the sale of any other insurance. section 1301(c)(8) of such Act (relating to li- ‘‘(e) CONTRACT OVERSIGHT.—

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‘‘(1) IN GENERAL.—The Secretary must pro- pulsion or refusal to reenroll an individual, plan under this title other than through a vide prior review and approval for contracts except as permitted by this part, or engaging managed care entity). under this part with a medicaid managed in any practice that would reasonably be ex- ‘‘(e) AVAILABILITY OF SANCTIONS TO THE care organization providing for expenditures pected to have the effect of denying or dis- SECRETARY.— under this title in excess of $1,000,000. couraging enrollment with the entity by eli- ‘‘(1) INTERMEDIATE SANCTIONS.—In addition ‘‘(2) INSPECTOR GENERAL REVIEW.—As part gible individuals whose medical condition or to the sanctions described in paragraph (2) of such approval process, the Inspector Gen- history indicates a need for substantial fu- and any other sanctions available under law, eral in the Department of Health and Human ture medical services; the Secretary may provide for any of the Services, effective October 1, 1997, shall ‘‘(4) misrepresents or falsifies information sanctions described in subsection (b) if the make a determination (to the extent prac- that is furnished— Secretary determines that a managed care ticable) as to whether persons with an own- ‘‘(A) to the Secretary or the State under entity with a contract under section ership interest (as defined in section this part; or 1941(a)(1)(B) fails to meet any of the require- 1124(a)(3)) or an officer, director, agent, or ‘‘(B) to an enrollee, potential enrollee, or a ments of this part. managing employee (as defined in section health care provider under such sections; or ‘‘(2) DENIAL OF PAYMENTS TO THE STATE.— 1126(b)) of the organization are or have been ‘‘(5) fails to comply with the requirements The Secretary may deny payments to the described in subsection (a)(1)(C) based on a of section 1876(i)(8) or this part. State for medical assistance furnished under ground relating to fraud, theft, embezzle- ‘‘(b) INTERMEDIATE SANCTIONS.—The sanc- the contract under section 1941(a)(1)(B) for ment, breach of fiduciary responsibility, or tions described in this subsection are as fol- individuals enrolled after the date the Sec- other financial misconduct or obstruction of lows: retary notifies a managed care entity of a an investigation. ‘‘(1) Civil money penalties as follows: determination under subsection (a) and until ‘‘(f) LIMITATION ON AVAILABILITY OF FFP ‘‘(A) Except as provided in subparagraph the Secretary is satisfied that the basis for FOR USE OF ENROLLMENT BROKERS.—Amounts (B), (C), or (D), not more than $25,000 for each such determination has been corrected and is expended by a State for the use an enroll- determination under subsection (a). not likely to recur. ment broker in marketing managed care en- ‘‘(B) With respect to a determination under ‘‘(f) DUE PROCESS FOR MANAGED CARE ENTI- tities to eligible individuals under this title paragraph (3) or (4)(A) of subsection (a), not TIES.— shall be considered, for purposes of section more than $100,000 for each such determina- ‘‘(1) AVAILABILITY OF HEARING PRIOR TO 1903(a)(7), to be necessary for the proper and tion. TERMINATION OF CONTRACT.—A State may not efficient administration of the State plan ‘‘(C) With respect to a determination under terminate a contract with a managed care but only if the following conditions are met subsection (a)(2), double the excess amount entity under section 1941(a)(1)(B) unless the with respect to the broker: charged in violation of such subsection (and entity is provided with a hearing prior to the ‘‘(1) The broker is independent of any such the excess amount charged shall be deducted termination. entity and of any health care providers from the penalty and returned to the indi- ‘‘(2) NOTICE TO ENROLLEES OF TERMINATION HEARING.—A State shall notify all individ- (whether or not any such provider partici- vidual concerned). uals enrolled with a managed care entity pates in the State plan under this title) that ‘‘(D) Subject to subparagraph (B), with re- which is the subject of a hearing to termi- provide coverage of services in the same spect to a determination under subsection nate the entity’s contract with the State of State in which the broker is conducting en- (a)(3), $15,000 for each individual not enrolled the hearing and that the enrollees may im- rollment activities. as a result of a practice described in such mediately disenroll with the entity without ‘‘(2) No person who is an owner, employee, subsection. cause. consultant, or has a contract with the broker ‘‘(2) The appointment of temporary man- ‘‘(3) OTHER PROTECTIONS FOR MANAGED CARE either has any direct or indirect financial in- agement to oversee the operation of the med- ENTITIES AGAINST SANCTIONS IMPOSED BY terest with such an entity or health care pro- icaid-only managed care entity upon a find- STATE.—Before imposing any sanction vider or has been excluded from participa- ing by the State that there was continued against a managed care entity other than tion in the program under this title or title egregious behavior by the plan and to assure termination of the entity’s contract, the XVIII or debarred by any Federal agency, or the health of the entity’s enrollees, if there State shall provide the entity with notice subject to a civil money penalty under this is a need for temporary management while— and such other due process protections as Act. ‘‘(A) there is an orderly termination or re- the State may provide, except that a State ‘‘(g) USE OF UNIQUE PHYSICIAN IDENTIFIER organization of the managed care entity; or may not provide a managed care entity with FOR PARTICIPATING PHYSICIANS.—Each med- ‘‘(B) improvements are made to remedy the a pre-termination hearing before imposing icaid managed care organization shall re- violations found under subsection (a), except the sanction described in subsection (b)(2). quire each physician providing services to that temporary management under this ‘‘(4) IMPOSITION OF CIVIL MONETARY PEN- enrollees eligible for medical assistance paragraph may not be terminated until the ALTIES BY SECRETARY.—The provisions of sec- under the State plan under this title to have State has determined that the managed care tion 1128A (other than subsections (a) and a unique identifier in accordance with the entity has the capability to ensure that the (b)) shall apply with respect to a civil money system established under section 1173(b). violations shall not recur. penalty imposed by the Secretary under sub- ‘‘(h) SECRETARIAL RECOVERY OF FFP FOR ‘‘(3) Permitting individuals enrolled with section (b)(1) in the same manner as such CAPITATION PAYMENTS FOR INSOLVENT MAN- the managed care entity to terminate enroll- provisions apply to a penalty or proceeding AGED CARE ENTITIES.—The Secretary shall ment without cause, and notifying such indi- under section 1128A. provide for the recovery and offset against viduals of such right to terminate enroll- amount owed a State under section 1903(a)(1) ment. ‘‘SEC. 1950. DEFINITIONS; MISCELLANEOUS PRO- VISIONS. an amount equal to the amounts paid to the ‘‘(4) Suspension of default or all enrollment State, for medical assistance provided under ‘‘(a) DEFINITIONS.—For purposes of this of individuals under this title after the date title: such section for expenditures for capitation the Secretary or the State notifies the enti- ‘‘(1) MANAGED CARE ENTITY.—The term payments to a managed care entity that be- ty of a determination of a violation of any comes insolvent, for services contracted for ‘managed care entity’ means— requirement of this part. with, but not provided by, such organization. ‘‘(A) a medicaid managed care organiza- ‘‘(5) Suspension of payment to the entity tion; or ‘‘SEC. 1949. SANCTIONS FOR NONCOMPLIANCE BY under this title for individuals enrolled after MANAGED CARE ENTITIES. ‘‘(B) a primary care case management pro- the date the Secretary or State notifies the ‘‘(a) USE OF INTERMEDIATE SANCTIONS BY vider. entity of such a determination and until the THE STATE TO ENFORCE REQUIREMENTS.— ‘‘(2) MEDICAID MANAGED CARE ORGANIZA- Secretary or State is satisfied that the basis Each State shall establish intermediate TION.—The term ‘medicaid managed care or- sanctions, which may include any of the for such determination has been corrected ganization’ means a health maintenance or- types described in subsection (b) other than and is not likely to recur. ganization, an eligible organization with a ‘‘(c) TREATMENT OF CHRONIC SUBSTANDARD the termination of a contract with a man- contract under section 1876, a provider spon- ENTITIES.—In the case of a managed care en- aged care entity, which the State may im- tity which has repeatedly failed to meet the sored network or any other organization pose against a managed care entity with a requirements of sections 1942 through 1946, which is organized under the laws of a State, contract under section 1941(a)(1)(B) if the en- the State shall (regardless of what other has made adequate provision (as determined tity — sanctions are provided) impose the sanctions under standards established for purposes of ‘‘(1) fails substantially to provide medi- described in paragraphs (2) and (3) of sub- eligible organizations under section 1876 and cally necessary items and services that are section (b). through its capitalization or otherwise) required (under law or under such entity’s ‘‘(d) AUTHORITY TO TERMINATE CONTRACT.— against the risk of insolvency, and provides contract with the State) to be provided to an In the case of a managed care entity which or arranges for the provision of one or more enrollee covered under the contract; has failed to meet the requirements of this items and services to individuals eligible for ‘‘(2) imposes premiums or charges on en- part, the State shall have the authority to medical assistance under the State plan rollees in excess of the premiums or charges terminate its contract with such entity under this title in accordance with a con- permitted under this title; under section 1941(a)(1)(B) and to enroll such tract with the State under section ‘‘(3) acts to discriminate among enrollees entity’s enrollees with other managed care 1941(a)(1)(B). on the basis of their health status or require- entities (or to permit such enrollees to re- ‘‘(3) PRIMARY CARE CASE MANAGEMENT PRO- ments for health care services, including ex- ceive medical assistance under the State VIDER.—

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‘‘(A) IN GENERAL.—The term ‘primary care (b) REPORT ON PAYMENTS TO HOSPITALS.— zations, but only if such organizations con- case management provider’ means a health (1) IN GENERAL.—Not later than October 1 duct such reviews under protocols approved care provider that— of each year, beginning with October 1, 1998, by the Secretary and only in the case of such ‘‘(i) is a physician, group of physicians, a the Secretary and the Comptroller General organizations that meet standards estab- Federally-qualified health center, a rural shall analyze and submit a report to the lished by the Secretary relating to the inde- health clinic, or an entity employing or hav- Committee on Finance of the Senate and the pendence of such organizations from agen- ing other arrangements with physicians that Committee on Commerce of the House of cies responsible for the administration of provides or arranges for the provision of one Representatives on rates paid for hospital this title or eligible managed care entities; or more items and services to individuals eli- services under managed care entities under and’’. gible for medical assistance under the State contracts under section 1941(a)(1)(B) of the (c) EXCLUSION OF CERTAIN INDIVIDUALS AND plan under this title in accordance with a Social Security Act. ENTITIES FROM PARTICIPATION IN PROGRAM.— contract with the State under section (2) CONTENTS OF REPORT.—The information Section 1128(b)(6)(C) (42 U.S.C. 1320a- 1941(a)(1)(B); in the report described in paragraph (1) 7(b)(6)(C)) is amended— ‘‘(ii) receives payment on a fee-for-service shall— (1) in clause (i), by striking ‘‘a health basis (or, in the case of a Federally-qualified (A) be organized by State, type of hospital, maintenance organization (as defined in sec- health center or a rural health clinic, on a type of service, and tion 1903(m))’’ and inserting ‘‘a managed care reasonable cost per encounter basis) for the (B) include a comparison of rates paid for entity, as defined in section 1950(a)(1),’’; and provision of health care items and services hospital services under managed care enti- (2) in clause (ii), by inserting ‘‘section 1115 specified in such contract to enrolled indi- ties with rates paid for hospital services fur- or’’ after ‘‘approved under’’. (d) STATE PLAN REQUIREMENTS.—Section viduals; nished to individuals who are entitled to 1902 (42 U.S.C. 1396a) is amended— ‘‘(iii) receives an additional fixed fee per benefits under a State plan under title XIX (1) in subsection (a)(30)(C), by striking enrollee for a period specified in such con- of the Social Security Act and are not en- ‘‘section 1903(m)’’ and inserting ‘‘section tract for providing case management serv- rolled with such entities. 1941(a)(1)(B)’’; and ices (including approving and arranging for (c) REPORTS BY STATES.—Each State shall (2) in subsection (a)(57), by striking ‘‘hos- the provision of health care items and serv- transmit to the Secretary, at such time and pice program, or health maintenance organi- ices specified in such contract on a referral in such manner as the Secretary determines zation (as defined in section 1903(m)(1)(A))’’ basis) to enrolled individuals; and appropriate, the information on hospital and inserting ‘‘or hospice program’’; ‘‘(iv) is not an entity that is at risk. rates submitted to such State under section ‘‘(B) AT RISK.—In subparagraph (A)(iv), the (3) in subsection (e)(2)(A), by striking ‘‘or 1947(b)(2) of such Act. with an entity described in paragraph term ‘at risk’ means an entity that— (d) INDEPENDENT STUDY AND REPORT ON ‘‘(i) has a contract with the State under (2)(B)(iii), (2)(E), (2)(G), or (6) of section QUALITY ASSURANCE AND ACCREDITATION which such entity is paid a fixed amount for 1903(m) under a contract described in section STANDARDS.—The Institute of Medicine of providing or arranging for the provision of 1903(m)(2)(A)’’ and inserting ‘‘or with a man- the National Academy of Sciences shall con- aged care entity, as defined in section health care items or services specified in duct a study and analysis of the quality as- such contract to an individual eligible for 1950(a)(1); surance programs and accreditation stand- (4) in subsection (p)(2)— medical assistance under the State plan and ards applicable to managed care entities op- enrolled with such entity, regardless of (A) by striking ‘‘a health maintenance or- erating in the private sector or to such enti- whether such items or services are furnished ganization (as defined in section 1903(m))’’ ties that operate under contracts under the to such individual; and and inserting ‘‘a managed care entity, as de- medicare program under title XVIII of the ‘‘(ii) is liable for all or part of the cost of fined in section 1950(a)(1),’’; Social Security Act to determine if such pro- furnishing such items or services, regardless (B) by striking ‘‘an organization’’ and in- grams and standards include consideration of of whether such cost exceeds such fixed pay- serting ‘‘an entity’’; and the accessibility and quality of the health ment.’’. (C) by striking ‘‘any organization’’ and in- care items and services delivered under such serting ‘‘any entity’’; and SEC. 3. STUDIES AND REPORTS. contracts to low-income individuals. (a) REPORT ON PUBLIC HEALTH SERVICES.— (5) in subsection (w)(1), by striking ‘‘sec- (1) IN GENERAL.—Not later than January 1, SEC. 4. CONFORMING AMENDMENTS. tions 1903(m)(1)(A) and’’ and inserting ‘‘sec- 1998, the Secretary of Health and Human (a) REPEAL OF CURRENT REQUIREMENTS.— tion’’. Services (in this section referred to as the (1) IN GENERAL.—Except as provided in (e) PAYMENT TO STATES.—Section ‘‘Secretary’’) shall report to the Committee paragraph (2), section 1903(m) (42 U.S.C. 1903(w)(7)(A)(viii) (42 U.S.C. on Finance of the Senate and the Committee 1396b(m)) is repealed on the date of the en- 1396b(w)(7)(A)(viii)) is amended to read as fol- on Commerce of the House of Representa- actment of this Act. lows: tives on the effect of managed care entities (2) EXISTING CONTRACTS.—In the case of any ‘‘(viii) Services of a managed care entity (as defined in section 1950(a)(1) of the Social contract under section 1903(m) of such Act with a contract under section 1941(a)(1)(B).’’. (f) USE OF ENROLLMENT FEES AND OTHER Security Act) on the delivery of and pay- which is in effect on the day before the date CHARGES.—Section 1916 (42 U.S.C. 1396o) is ment for the services traditionally provided of the enactment of this Act, the provisions amended in subsections (a)(2)(D) and (b)(2)(D) through providers described in section of such section shall apply to such contract by striking ‘‘a health maintenance organiza- 1941(a)(2)(B)(i) of such Act. until the earlier of— tion (as defined in section 1903(m))’’ and in- (2) CONTENTS OF REPORT.—The report re- (A) the day after the date of the expiration serting ‘‘a managed care entity, as defined in ferred to in subsection (a) shall include— of the contract; or section 1950(a)(1),’’ each place it appears. (A) information on the extent to which en- (B) the date which is 1 year after the date (g) EXTENSION OF ELIGIBILITY FOR MEDICAL rollees with eligible managed care entities of the enactment of this Act. ASSISTANCE.—Section 1925(b)(4)(D)(iv) (42 seek services at local health departments, (b) FEDERAL FINANCIAL PARTICIPATION.— U.S.C. 1396r-6(b)(4)(D)(iv)) is amended to read public hospitals, and other facilities that (1) CLARIFICATION OF APPLICATION OF FFP as follows: DENIAL RULES TO PAYMENTS MADE PURSUANT provide care without regard to a patient’s ‘‘(iv) ENROLLMENT WITH MANAGED CARE EN- ability to pay; TO MANAGED CARE ENTITIES.—Section 1903(i) TITY.—Enrollment of the caretaker relative (B) information on the extent to which the (42 U.S.C. 1396b(i)) is amended by adding at and dependent children with a managed care facilities described in such subsection pro- the end the following sentence: ‘‘Paragraphs entity, as defined in section 1950(a)(1), less vide services to enrollees with eligible man- (1)(A), (1)(B), (2), (5), and (12) shall apply with than 50 percent of the membership (enrolled aged care entities without receiving pay- respect to items or services furnished and on a prepaid basis) of which consists of indi- ment; amounts expended by or through a managed viduals who are eligible to receive benefits (C) information on the effectiveness of sys- care entity (as defined in section 1950(a)(1)) under this title (other than because of the tems implemented by facilities described in in the same manner as such paragraphs option offered under this clause). The option such subsection for educating such enrollees apply to items or services furnished and of enrollment under this clause is in addition on services that are available through eligi- amounts expended directly by the State.’’. to, and not in lieu of, any enrollment option ble managed care entities with which such (2) FFP FOR EXTERNAL QUALITY REVIEW OR- that the State might offer under subpara- enrollees are enrolled; GANIZATIONS.—Section 1903(a)(3)(C) (42 U.S.C. graph (A)(i) with respect to receiving serv- (D) to the extent possible, identification of 1396b(a)(3)(C)) is amended— ices through a managed care entity in ac- the types of services most frequently sought (A) by inserting ‘‘(i)’’ after ‘‘(C)’’, and cordance with part B.’’. by such enrollees at such facilities; and (B) by adding at the end the following new (h) PAYMENT FOR COVERED OUTPATIENT (E) recommendations about how to ensure clause: DRUGS.—Section 1927(j)(1) (42 U.S.C. 1396r- the timely delivery of the services tradition- ‘‘(ii) 75 percent of the sums expended with 8(j)(1)) is amended by striking ‘‘***Health ally provided through providers described in respect to costs incurred during such quarter Maintenance Organizations, including those section 1941(a)(2)(B)(i) of the Social Security (as found necessary by the Secretary for the organizations that contract under section Act to enrollees of managed care entities and proper and efficient administration of the 1903(m),’’ and inserting ‘‘health maintenance how to ensure that local health departments, State plan) as are attributable to the per- organizations and medicaid managed care or- public hospitals, and other facilities are ade- formance of independent external reviews of ganizations, as defined in section 1950(a)(2),’’. quately compensated for the provision of managed care entities (as defined in section (i) APPLICATION OF SANCTIONS FOR BAL- such services to such enrollees. 1950(a)(1)) by external quality review organi- ANCED BILLING THROUGH SUBCONTRACTORS.—

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5455 (1) Section 1128A(b)(2)(B) (42 U.S.C. 1320a– the extent such amendments are incon- However, a balanced budget does not 7a(b)) is amended by inserting ‘‘, including sistent with the terms of the waiver. come without some pain—some con- section 1944(b)’’ after ‘‘title XIX’’. (2) SECRETARIAL EVALUATION AND REPORT (2) Section 1128B(d)(1) (42 U.S.C. 1320a– sequences. For instance, the Medicare FOR EXISTING WAIVERS AND EXTENSIONS.— Program will realize cuts of approxi- 7b(d)(1)) is amended by inserting ‘‘or, in the (A) PRIOR TO APPROVAL.—On and after the case of an individual enrolled with a man- applicable effective date described in sub- mately $115 billion over the next 5 aged care entity under part B of title XIX, section (a), the Secretary, prior to extending years. We will be asking our Nation’s the applicable rates established by the entity any waiver granted under section 1115 or 1915 seniors to share in the sacrifice along under the agreement with the State agency of the Social Security Act (42 U.S.C. 1315, with the rest of the country. under such part’’ after ‘‘established by the 1396n) or otherwise which relates to the pro- State’’. vision of medical assistance under a State Congress cannot, in good conscience, (j) REPEAL OF CERTAIN RESTRICTIONS ON OB- plan under title XIX of the such Act (42 ask the Medicare Program and its STETRICAL AND PEDIATRIC PROVIDERS.—Sec- U.S.C. 1396 et seq.), shall— beneficiaries to accept cuts unless we tion 1903(i) (42 U.S.C. 1396b(i)) is amended by (i) conduct an evaluation of— also work hard to eradicate fraud and striking paragraph (12). (I) the waivers existing under such sections (k) DEMONSTRATION PROJECTS TO STUDY abuse. Passage of the Kennedy-Kasse- or other provision of law as of the date of the EFFECT OF ALLOWING STATES TO EXTEND baum legislation last year was a step enactment of this Act; and MEDICAID COVERAGE FOR CERTAIN FAMILIES.— in the right direction. But the cheats Section 4745(a)(5)(A) of the Omnibus Budget (II) any applications pending, as of the and swindlers are clever at gaming the Reconciliation Act of 1990 (42 U.S.C. 1396a date of the enactment of this Act, for exten- sions of waivers under such sections or other system. It is a sad fact that there will note) is amended by striking ‘‘(except sec- always be greedy people looking to tion 1903(m)’’ and inserting ‘‘(except part provision of law; and B)’’. (ii) submit a report to the Congress recom- take advantage of our Nation’s seniors. (l) CONFORMING AMENDMENT FOR DISCLO- mending whether the extension of a waiver So it is imperative that Congress be SURE REQUIREMENTS FOR MANAGED CARE EN- under such sections or provision of law equally vigilant by cracking down on TITIES.—Section 1124(a)(2)(A) (42 U.S.C. 1320a– should be conditioned on the State submit- fraud wherever possible. Passage of my 3(a)(2)(A)) is amended by inserting ‘‘managed ting the request for an extension complying bill will continue the process and send with the provisions of part B of title XIX of care entity under title XIX,’’ after ‘‘renal di- this signal to the con artists and alysis facility,’’. the Social Security Act (as added by this (m) ELIMINATION OF REGULATORY PAYMENT Act). thieves: ‘‘Your days are numbered.’’ CAP.—The Secretary of Health and Human (B) DEEMED APPROVAL.—If the Congress has My legislation is crafted to build on Services may not, under the authority of not enacted legislation based on a report State successes. For instance, one of section 1902(a)(30)(A) of the Social Security submitted under subparagraph (A)(ii) within the most crucial provisions in my bill, Act or any other provision of title XIX of 120 days after the date such report is sub- such Act, impose a limit by regulation on mitted to the Congress, the recommenda- modeled after an extremely successful the amount of the capitation payments that tions contained in such report shall be Florida Medicaid antifraud program, a State may make to qualified entities under deemed to be approved by the Congress. requires providers of durable medical such title, and section 447.361 of title 42, Code equipment, home health, and transpor- of Federal Regulations (relating to upper By Mr. GRAHAM (for himself, tation services to post a $50,000 surety limits of payment: risk contracts), is hereby Mr. MACK, and Mr. BAUCUS): bond to participate in the Medicare nullified. S. 865. A bill to provide for improved Program. (n) CONTINUATION OF ELIGIBILITY.—Section coordination, communications, and en- 1902(e) (42 U.S.C. 1396a(e)) is amended by forcement related to health care fraud, While a $50,000 bond is relatively in- striking paragraph (2) and inserting the fol- waste, and abuse, to create a point of expensive to post for scrupulous con- lowing: tractors, at the cost of between $500 ‘‘(2) For provision providing for extended order against legislation which diverts liability in the case of certain beneficiaries savings achieved through medicare and $1,500, the requirement has enrolled with managed care entities, see sec- waste, fraud, and abuse enforcement achieved tremendous results in my tion 1941(c).’’. activities for purposes other than im- State. Since implementation of the (o) CONFORMING AMENDMENTS TO FREEDOM- proving the solvency of the Federal surety bond requirement, the fly-by- OF-CHOICE PROVISIONS.—Section 1902(a)(23) hospital insurance trust fund under night providers have scattered like so (42 U.S.C. 1396a(a)(23)) is amended— title XVIII of the Social Security Act, many roaches when the lights are (1) in the matter preceding subparagraph (A), by striking ‘‘subsection (g) and in sec- to ensure the integrity of such trust turned on. tion 1915’’ and inserting ‘‘subsection (g), sec- fund, and for other purposes; to the Durable medical equipment suppliers tion 1915, and section 1941,’’; and Committee on Finance. have dropped by 62 percent, from 4,146 (2) in subparagraph (B), by striking ‘‘a THE MEDICARE ANTI-FRAUD ACT OF 1997 to 1,565; home health agencies have de- Mr. GRAHAM. Mr. President, I rise health maintenance organization, or a’’ and creased by 41 percent, from 738 to 441; inserting ‘‘or with a managed care entity, as today, and join my colleagues, Senator providers of transportation services defined in section 1950(a)(1), or’’. MACK and Senator BAUCUS, to intro- have disenrolled from the State’s Med- SEC. 5. EFFECTIVE DATE; STATUS OF WAIVERS. duce timely legislation that addresses (a) EFFECTIVE DATE.—Except as provided in a problem that continues to plague the icaid Programs in droves—from 1,759 to subsection (b), the amendments made by this Medicare Program—fraud and abuse. 742, a drop of 58 percent. Fewer pro- Act shall apply to medical assistance fur- The premise of this bill is quite simple: viders bilking the State’s Medicaid nished— Program is projected to save over $192 (1) during quarters beginning on or after if Congress is to look for cuts in the Medicare Program, it should begin million over the next 2 years in Flor- October 1, 1997; or ida. (2) in the case of assistance furnished with eradicating fraud—for several rea- under a contract described in section 4(a)(2), sons: Two years ago I spent a day working during quarters beginning after the earlier First, we cannot fix Medicare while in the U.S. attorney’s Office in south of— letting fraud erode the system. The Florida. I realized then that it was (A) the date of the expiration of the con- General Accounting Office estimates easier to get a provider number under tract; or that the Medicare waste, fraud, and Medicare than a personal VISA; easier (B) the expiration of the 1-year period abuse ripoff rate is about 10 percent. which begins on the date of the enactment of to get a blank check paid for by the this Act. With fraud pilfering the health sys- Treasury than a VISA or MasterCard. (b) APPLICATION TO WAIVERS.— tem’s resources losses to Medicare and This bill requires individuals to pro- (1) EXISTING WAIVERS.—If any waiver grant- the Federal share of Medicaid could be vide their social security number ed to a State under section 1115 or 1915 of the $30 billion annually. Using the most [SSN] and employer identification Social Security Act (42 U.S.C. 1315, 1396n) or conservative of estimates, we could number [EIN] to get a Medicare pro- otherwise which relates to the provision of cover an additional 2 million seniors a vider number. This will make it more medical assistance under a State plan under year with funds lost just to Medicare difficult for swindlers to enter the pro- title XIX of the such Act (42 U.S.C. 1396 et waste, fraud, and abuse. seq.), is in effect or approved by the Sec- Mr. President, over the next few gram. This bill has several other provi- retary of Health and Human Services as of sions which are critical to stemming the applicable effective date described in weeks, Congress will be ironing out the details of a historic budget agree- rampant fraud in the Medicare Pro- subsection (a), the amendments made by this gram: Act shall not apply with respect to the State ment—one which will finally balance before the expiration (determined without the budget. And both Congress and the My bill would enable State fraud con- regard to any extensions) of the waiver to President deserve credit for doing so. trol units, often the first line in the

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5456 CONGRESSIONAL RECORD — SENATE June 10, 1997 fight against health care fraud, to in- resources. They are cleaner than they mental laws, I propose to engage every vestigate and prosecute fraud in Fed- have been in 25 years, and we want to company voluntarily in environmental eral health care programs. keep improving our efforts to guar- protection by creating the incentive It would also prevent providers from antee their protection. This bill will for those companies to find and cure discharging Medicare debt by declaring ensure that, in the same fashion as their own violations. This frees EPA to bankruptcy. The bill would also pre- many States have done. It does not target its enforcement dollars on the clude Medicare swindlers from trans- preempt State law. If State laws are on bad actors—the companies that inten- ferring their business to a family mem- the books, then the State laws prevail. tionally pollute our water and air. ber in order to circumvent exclusion But this offers companies all over our Twenty-one States have already from the Medicare Program. country the ability to comply with passed audit laws. These States under- This legislation enacts a broad-based Federal standards in a voluntary way, stand that to truly protect the envi- Federal statute aimed at suppressing to critically assess their compliance ronment, everyone must participate. Medicare fraud. It enhances the arsenal and not be penalized if they then take These States have made it possible for of weapons to combat fraud and pre- action to immediately come into com- companies to want to be good actors scribes stiff penalties against those pliance. and play an active role in environ- convicted of fraud. So I am asking that we take up this mental protection. Texas has an audit At the signing of the Medicare bill in bill very quickly in committee. I think law. Hundreds of companies have car- Missouri 30 years ago, President John- through this bill we can do a lot of ried out a voluntary environmental son said that Medicare had been plant- good for America. audit, and after only 18 months, com- ed with ‘‘the seed of compassion and Mr. President, today I introduce leg- panies had already reported and cor- duty which have today flowered into islation that will ensure that we con- rected 50 violations. Other States re- care for the sick and serenity for the tinue to increase the protection of our port similar success. fearful.’’ Medicare has lived up to its environment in the United States. My My bill does not mandate that States promise. But fraud is threatening to bill, the Environmental Protection adopt these policies. It does not man- compromise the integrity of the sys- Partnership Act of 1997, provides incen- date that States amend their laws. tem. We have the prescriptions to com- tives for companies to assess their own Quite the opposite. My bill specifically bat fraud. Now is the time to employ environmental compliance. Rather does not preempt State law. Therefore, them if we want to save the integrity than playing a waiting game for EPA a State may choose not to enact an of Medicare. to find environmental violations, com- audit law, but a company in that State panies will find—and stop—violations. can still conduct a voluntary audit By Mrs. HUTCHISON: Many more violations will be cor- with respect to Federal environmental S. 866. A bill to amend title 29, rected, and many others will be pre- law. Further, in a State with an audit United States Code, to provide that vented. law, a company will be able to thor- Under my bill, if a company volun- certain voluntary disclosures of viola- oughly review its entire State and Fed- tarily completes an environmental tions of Federal law made as a result of eral compliance, and remedy any viola- audit—a thorough review of its compli- a voluntary environmental audit shall tions it may find. Therefore, my bill not be subject to discovery or admitted ance with environmental laws—the audit report may not be used against supports—but does not supplant—State into evidence during a judicial or ad- efforts by encouraging companies to ministrative proceeding, and for other the company in court. The report can be used in court, however, if the com- audit their compliance with Federal purposes; to the Committee on the Ju- environmental laws as well. diciary. pany found violations and did not promptly make efforts to comply. By We have made great strides in clean- THE ENVIRONMENTAL PROTECTION PARTNERSHIP extending this privilege, a company ing up our environment over the past ACT 30 years. To continue this trend, we Mrs. HUTCHISON. Mr. President, the that looks for, finds, and remedies problems will continue this good con- need to be preventing pollution, rather title of the bill I send to the desk is the than always reacting to environmental Environmental Protection Partnership duct, and protect the environment. In addition, if a company does an problems after they occur. Even EPA Act of 1997. By introducing this bill, I audit, and promptly corrects any viola- agrees that to achieve this, companies am suggesting that the Federal Gov- tions, the company may choose to dis- need to play an active role in environ- ernment take a cue from the States re- close the violation to EPA. If the com- mental protection. In a recent policy garding environmental protection. pany does disclose the violation, the Statement, EPA pointed out that be- Many State governments have passed company will not be penalized for the cause Government resources are lim- laws that allow for voluntary audits of violations. By ensuring companies that ited, maximum compliance cannot be environmental compliance. These laws they will not be dragged into court for achieved without active efforts by the encourage a company to conduct an being honest, the bill encourages com- regulated community to police them- audit of its compliance with environ- panies to find and fix violations and re- selves. The Environmental Protection mental laws. By conducting the audit, port them to EPA. Partnership Act will make companies the company determines whether it is This does not mean that companies active partners with EPA in assuring in compliance with all environmental that pollute go scot-free. Under this compliance with environmental laws. laws. If it is not, these state laws allow bill, there is no protection for: willful I am very pleased to be working with the company, without penalty, to cor- and intentional violators; companies the majority leader on this legislation rect any violations it finds so it will that do not promptly cure violations; and I hope Members on both sides of come into compliance. companies asserting the law fraudu- the aisle will join me in this effort to What my bill does is let the Federal lently; or companies trying to evade an increase environmental protection. Government do the same thing. It lets imminent or ongoing investigation. the Federal Government say to compa- Further, the bill does not protect com- By Mr. HARKIN (for himself, Mr. nies all over America, if you want to do panies that have policies that permit HUTCHINSON, Mr. REID, Mr. a voluntary audit for environmental ongoing patterns of violations of envi- BRYAN and Mr. ROCKEFELLER): compliance, we are going to let you do ronmental laws. And where a violation S. 868. A bill to amend the Social Se- that. We will encourage you but not results in a continuing adverse public curity Act to prohibit persons from force you to do it. And we are not going health or environmental effect, a com- charging for services or products that to come in and threaten you with the pany may not use the protections of the Social Security Administration hammer of the EPA if you, in fact, this law. and Department of Health and Human move swiftly to come into compliance Nor does this bill mean that EPA Services provide without charge; to the when you find that you are not in com- loses any authority to find violations Committee on Finance. pliance. and punish companies for polluting. THE SOCIAL SECURITY CONSUMER PROTECTIONS We think this is the most effective EPA retains all its present authority. ACT way to clean up the air and water. Our At the same time that EPA retains Mr. HARKIN. Mr. President. Today, I air and water are invaluable natural full authority to enforce environ- am introducing, on behalf of myself,

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5457 Senators HUTCHINSON, REID, BRYAN, tigate the complaints of Iowans and NATIONAL COMMITTEE TO PRESERVE and ROCKEFELLER, the Social Security those of consumers like her. She re- SOCIAL SECURITY AND MEDICARE, Consumer Protection Act. This is a sponded that the services provided by Washington, DC, May 8, 1997. simple, commonsense legislation that Document Service ‘‘are completely un- Hon. TOM HARKIN, will arm consumers with the informa- U.S. Senate, necessary. Not only do they fail to Washington, DC. tion they need to protect themselves produce any savings of time or effort DEAR SENATOR HARKIN: On behalf of the 5.5 from a growing type of consumer scam. for the customer, they also tend to million members and supporters of the Na- Several years ago Congress took an delay issuance of the new Social Secu- tional Committee to Preserve Social Secu- important step toward stamping out rity card.’’ While it is now illegal for a rity and Medicare, I am pleased to offer our frauds against older Americans. We company to imply any direct connec- endorsement of your legislation, the Social passed a law making it illegal for com- tion with Social Security or Medicare Security Consumer Protection Act. panies to prey upon senior citizens and Your legislation would require that any in mailings, it is not illegal to charge business which solicits direct payment for others by misrepresenting an affili- for the very same services that are ation with Social Security or Medi- services which the Social Security Adminis- available at no cost from the govern- tration provides free of charge must include care. After some delay, the Social Se- ment. a clear and prominent written disclaimer. curity inspector general has begun to So while Congress has acted to try Your bill would also impose new civil and enforce this important new consumer and stop scam artists from trying to criminal penalties for failure to comply with protection law. However, we are find- fool people into thinking their business its provisions. A growing number of busi- ing that many scam artists are squirm- is somehow affiliated with Social Secu- nesses have emerged across the country which, for a direct fee, assist individuals who ing through a loophole in the law that rity, Medicare, or some other govern- allows them to charge unwitting con- seek to change their names, social security ment agency, many are skirting numbers, or obtain other information rel- sumers for services that are available around the edges of this law and are free of charge from Social Security or ative to their work record. Unfortunately, conning consumers into paying for some of these enterprises do not adequately Medicare. services that they can get free of inform would be consumers that they are not A recent investigation by my staff charge. Nowhere in any of the mailings affiliated with the federal government, or found that unsuspecting consumers— from these outfits that I have reviewed that such services are provided free of charge from new parents to senior citizens— is there any mention that the services by the government. As a consequence, some are falling prey to con artists charging individuals may be led to believe that they they offer are in fact available to con- them for services that are available must pay the fee to obtain these services. sumers at no cost from the govern- free of charge from the Social Security We appreciate your leadership on this im- ment. Administration. Many of the schemes portant matter. People should not be coerced The Social Security Consumer Pro- involve use of materials and names to pay twice for services which are already tection Act would require that any provided with their hard earned tax dollars. which mislead consumers into believ- such solicitation prominently display Sincerely, ing that the scam artists are affiliated the following consumer alert: ‘‘IMPOR- MARTHA A MCSTEEN, President. with the federal government. TANT PUBLIC DISCLOSURE: The Companies operating under official By Mr. JEFFORDS (for himself, product or service described here and sounding names like Federal Document Mr. KENNEDY, Mr. LIEBERMAN, assistance to obtain the product or Services, Federal Record Service Corp., Mr. TORRICELLI, Mr. WYDEN, service is available free of charge from National Records Service, and U.S. Mr. BINGAMAN, Mr. KERRY, Mr. the Social Security Administration or Document Services are mailing infor- WELLSTONE, Mr. HARKIN, Ms. the Department of Health and Human mation to thousands of unsuspecting LANDRIEU, Mr. FEINGOLD, Mrs. Services.’’ Armed with this informa- Americans, including many Iowans. MURRAY, Mrs. BOXER, Mr. tion, consumers would be able to make These companies are scaring people LEVIN, Mr. SARBANES, Mr. informed decisions about where to ob- into remitting a fee to receive basic AKAKA, Mr. LAUTENBERG, Mr. tain the service they need or want. Social Security benefits and eligibility DURBIN, Mr. CHAFEE, Mr. KOHL, Companies found to be in violation of information such as a new Social Secu- Mr. INOUYE, Ms. MIKULSKI, Mr. this simple requirement would face rity number and card for a baby and ROBB, Mr. MOYNIHAN, Mrs. fines. changing names upon marriage or di- FEINSTEIN, Mr. DODD, Mr. REID, vorce. Our legislation would not stop the provision of services by private compa- Mr. LEAHY, Mr. BRYAN, Ms. We began to look into this problem MOSELEY-BRAUN, Mr. GLENN, based on a number of complaints from nies. Rather, it would simply make sure that consumers are fully in- Mr. KERREY, Mr. REED, Mr. Iowans who had received these decep- D’AMATO, and Mr. CLELAND): tive mailings. One example was sent to formed, so that they can make an in- S. 869. A bill to prohibit employment me by Deb Conlee of Fort Dodge. She formed choice about where and how received a mailing from a company they prefer to receive certain services. discrimination on the basis of sexual called Document Service. The official These scams must be put to an end. A orientation; to the Committee on looking letter starts: ‘‘Read Carefully: simple change in the law would go a Labor and Human Resources. Important Facts about your Social Se- long way toward stopping them. The THE EMPLOYMENT NON-DISCRIMINATION ACT OF curity Card. The response envelope is bill we are introducing today would 1997 stamped ‘‘SSA–7701’’ giving the impres- make such a change without imposing Mr. JEFFORDS. Mr. President, I am sion that it is connected with the So- an undue burden on legitimate busi- pleased to be here today to introduce cial Security Administration. The so- nesses or restricting consumer freedom the Employment Non-Discrimination licitation goes on to say that she is re- of choice. Act of 1997 [ENDA]. As many of you re- quired to provide Social Security with Mr. President, this legislation has call, my colleagues and I introduced any name change associated with her been endorsed by the National Com- similar legislation in the last Congress. recent marriage and get a new Social mittee to Preserve Social Security and While we were unable to pass ENDA in Security card. It then urges her to send Medicare. The National Committee is the last Congress, I was encouraged them $14.75 to do this. It says, ‘‘We an effective and aggressive advocate of that ENDA was only narrowly de- urge you to do this immediately to the rights of older Americans. I am feated, by a vote of 50 to 49. It is my help avoid possible problems where pleased to have their endorsement and hope that in the 105th Congress, we can your Social Security benefits or joint ask unanimous consent to include a bridge that narrow gap and pass this income taxes might be questioned.’’ copy of their letter of support be print- legislation. By extending to sexual ori- Ms. Conlee paid $60 to this company ed in the RECORD. entation the same Federal employment and was furious when she learned that I urge my colleagues to review this discrimination protections established she could have gotten the same serv- bill and to work with us to ensure its for race, religion, gender, national ori- ices free of charge from Social Secu- prompt approval. gin, age, and disability, this legislation rity. There being no objection, the letter will further ensure that principals of Last year I asked Social Security was ordered to be printed in the equality and opportunity apply to all Commissioner Shirley Chater to inves- RECORD, as follows: Americans.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5458 CONGRESSIONAL RECORD — SENATE June 10, 1997 I believe that all Americans deserve want U.S. companies to maintain their (3) to invoke congressional powers, includ- to be judged at work based on their competitive advantage over their ing the powers to enforce the 14th amend- ability to do their jobs and not their international competitors. The fact ment to the Constitution and to regulate sexual orientation. People who work that a majority of Fortune 500 compa- interstate commerce, in order to prohibit employment discrimination on the basis of hard and perform well should not be nies have incorporated many of sexual orientation. kept from leading productive and re- ENDA’s policies, clearly indicates the SEC. 3. DEFINITIONS. sponsible lives because of an irrational, acceptance of these changes within the In this Act: non-work-related prejudice. Unfortu- workplace. In fact, it can be stated (1) COMMISSION.—The term ‘‘Commission’’ nately, many responsible and produc- that without these American compa- means the Equal Employment Opportunity tive members of our society face dis- nies, on their own, undertaking these Commission. crimination in their workplaces based actions to insure adequate working (2) COVERED ENTITY.—The term ‘‘covered on nothing more than their sexual ori- protections for all of their employees entity’’ means an employer, employment they would be less competitive and agency, labor organization, joint labor-man- entation. Because this insidious dis- agement committee, an entity to which sec- crimination persists, there is a need for may even be unable to maintain their tion 717(a) of the Civil Rights Act of 1964 (42 Congress to pass the Employment Non- existence within this fiercely competi- U.S.C. 2000e–16(a)) applies, an employing au- Discrimination Act. tive international environment. thority to which section 302(a)(1) of the Gov- Mr. President, the Senate’s vote last Mr. President, some concern has been ernment Employee Rights Act of 1991 (2 Congress is no doubt reflective of the raised by my colleagues that passing U.S.C. 1202(a)(1)) applies, or an employing of- American people’s support of the con- ENDA will create a new wave of litiga- fice, as defined in section 101 of the Congres- cept behind ENDA. In a recent poll, 83 tion. I am proud to say that my home sional Accountability Act of 1995 (2 U.S.C. 1301). The term ‘‘covered entity’’ includes an percent of the respondents support the State of Vermont is one of several States and localities that have enacted employing office, as defined in section 401 of passage of a law extending civil rights title 3, United States Code. and preventing job discrimination a sexual orientation anti-discrimina- (3) EMPLOYER.—The term ‘‘employer’’ against gays and lesbians. While ENDA tion law, and it is no surprise, to me, means a person engaged in an industry af- will achieve this goal of equal rights that the sky has not fallen. Since the fecting commerce (as defined in section for job opportunities, it does so by not enactment of Vermont’s law in 1991 the 701(h) of the Civil Rights Act of 1964 (42 creating any special rights for gays and Vermont Attorney General has initi- U.S.C. 2000e(h))) who has 15 or more employ- ees (as defined in section 701(f) of such Act lesbians. Specifically, this legislation ated only 17 investigations of alleged sexual orientation discrimination. (42 U.S.C. 2000e(f)) for each working day in prohibits preferential treatment based each of 20 or more calendar weeks in the cur- on sexual orientation. In addition, Seven are pending at this time. Five rent or preceding calendar year, and any ENDA does not require an employer to have been closed with determinations agent of such a person, but such term does justify a neutral practice that may that unlawful discrimination cannot be not include a bona fide private membership have a statistically disparate impact proven to have occurred. Four have club (other than a labor organization) that is based on sexual orientation, nor pro- been closed for miscellaneous adminis- exempt from taxation under section 501(c) of the Internal Revenue Code of 1986. vide benefits for the same-sex partner trative reasons, unrelated to the mer- (4) EMPLOYMENT AGENCY.—The term ‘‘em- of an employee. Rather, it simply pro- its of the charge, and one resulted in a settlement. In addition, I am not aware ployment agency’’ has the meaning given the tects a right that should belong to term in section 701(c) of the Civil Rights Act every American, the right to be free of a single complaint from Vermont of 1964 (42 U.S.C. 2000e(c)). employers about the enforcement of from discrimination at work because of (5) EMPLOYMENT OR AN EMPLOYMENT OPPOR- personal characteristics unrelated to the State law. However, I do know that TUNITY.—Except as provided in section successful performance on the job. thousands of Vermonters no longer 10(a)(1), the term ‘‘employment or an em- Since ENDA’s narrow defeat last Sep- need to live and work in the shadows. ployment opportunity’’ includes job applica- The facts bear out my belief that the tion procedures, hiring, advancement, dis- tember, we have taken a fresh look at charge, compensation, job training, or any this important legislation in an at- effect experienced in Vermont on liti- gation has been experienced in other other term, condition, or privilege of em- tempt to allay some of the concerns ployment, but does not include the service of raised by ENDA’s detractors in the last States and the District of Columbia a volunteer for which the volunteer receives Congress. I am pleased to announce that have implemented policies similar no compensation. that we have made several significant to the one of my home State of (6) LABOR ORGANIZATION.—The term ‘‘labor improvements in the bill. Vermont. organization’’ has the meaning given the Our first change is intended to ad- As I have stated before, success at term in section 701(d) of the Civil Rights Act of 1964 (42 U.S.C. 2000e(d)). dress the concern raised that employ- work should be directly related to one’s ability to do the job, period. The (7) PERSON.—The term ‘‘person’’ has the ees’ privacy rights would be violated if passage of ENDA would be a significant meaning given the term in section 701(a) of the Equal Employment Opportunity step toward ensuring the ability of all the Civil Rights Act of 1964 (42 U.S.C. Commission [EEOC] required employ- 2000e(a)). people, be they gay, lesbian, or hetero- ers to provide the Government with (8) RELIGIOUS ORGANIZATION.—The term sexual, to be fairly judged on their data on the sexual orientation of their ‘‘religious organization’’ means— work product, not on an unrelated per- employees. As a result, the bill now (A) a religious corporation, association, or sonal characteristic. I urge all my col- society; or prohibits the EEOC from collecting leagues to join me in supporting this (B) a school, college, university, or other such statistics and from compelling bill. educational institution or institution of employers to do so. Opponents of the I ask unanimous consent that a copy learning, if— previous legislation were also con- of this bill be printed in the RECORD. (i) the institution is in whole or substan- cerned that the EEOC would require There being no objection, the bill was tial part controlled, managed, owned, or sup- ported by a religion, religious corporation, employers who have violated ENDA to ordered to be printed in the RECORD, as association, or society; or hire gay and lesbian employees as part follows: of its enforcement scheme. To alleviate (ii) the curriculum of the institution is di- S. 869 rected toward the propagation of a religion. that possibility, the new legislation Be it enacted by the Senate and House of Rep- (9) SEXUAL ORIENTATION.—The term ‘‘sex- precludes the EEOC from entering into resentatives of the United States of America in ual orientation’’ means homosexuality, bi- a consent decree that includes quotas, Congress assembled, sexuality, or heterosexuality, whether the or gives preferential treatment based SECTION 1. SHORT TITLE. orientation is real or perceived. on sexual orientation. In addition, we This Act may be cited as the ‘‘Employment (10) STATE.—The term ‘‘State’’ has the have narrowed the language of the pre- Non-Discrimination Act of 1997’’. meaning given the term in section 701(i) of vious bill so that only actual paid em- SEC. 2. PURPOSES. the Civil Rights Act of 1964 (42 U.S.C. ployees are protected and we have at- The purposes of this Act are— 2000e(i)). (1) to provide a comprehensive Federal pro- SEC. 4. DISCRIMINATION PROHIBITED. tempted to ensure that exempted reli- hibition of employment discrimination on A covered entity shall not, with respect to gious organizations from coverage. the basis of sexual orientation; the employment or an employment oppor- In today’s global economy, our Na- (2) to provide meaningful and effective tunity of an individual— tion must take full advantage of every remedies for employment discrimination on (1) subject the individual to a different resource that is at our disposal if we the basis of sexual orientation; and standard or different treatment, or otherwise

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5459 discriminate against the individual, on the uniformly applied to, all individuals regard- (3) the procedures and remedies applicable basis of sexual orientation; or less of sexual orientation. for a violation of section 201(a)(1) of the Con- (2) discriminate against the individual SEC. 12. ENFORCEMENT. gressional Accountability Act of 1995 (2 based on the sexual orientation of a person (a) ENFORCEMENT POWERS.—With respect to U.S.C. 1311(a)(1)) in the case of a claim al- with whom the individual is believed to asso- the administration and enforcement of this leged by the individual for a violation of ciate or to have associated. Act in the case of a claim alleged by an indi- such section; and SEC. 5. RETALIATION AND COERCION PROHIB- vidual for a violation of this Act— (4) the procedures and remedies applicable ITED. (1) the Commission shall have the same for a violation of section 411 of title 3, United (a) RETALIATION.—A covered entity shall powers as the Commission has to administer States Code, in the case of a claim alleged by not discriminate against an individual be- and enforce— the individual for a violation of such section. (A) title VII of the Civil Rights Act of 1964 cause the individual opposed any act or prac- (c) OTHER APPLICABLE PROVISIONS.—With (42 U.S.C. 2000e et seq.); or tice prohibited by this Act or because the in- respect to a claim alleged by a covered em- (B) sections 302 and 304 of the Government dividual made a charge, assisted, testified, or ployee (as defined in section 101 of the Con- Employee Rights Act of 1991 (2 U.S.C. 1202 participated in any manner in an investiga- gressional Accountability Act of 1995 (2 and 1220); tion, proceeding, or hearing under this Act. U.S.C. 1301)) for a violation of this Act, title (b) COERCION.—A person shall not coerce, in the case of a claim alleged by the indi- III of the Congressional Accountability Act intimidate, threaten, or interfere with any vidual for a violation of such title or of sec- of 1995 (2 U.S.C. 1381 et seq.) shall apply in individual in the exercise or enjoyment of, or tion 302(a)(1) of such Act (2 U.S.C. 1202(a)(1)), the same manner as such title applies with on account of the individual’s having exer- respectively; respect to a claim alleged by such a covered cised, enjoyed, assisted in, or encouraged the (2) the Librarian of Congress shall have the employee for a violation of section 201(a)(1) exercise or enjoyment of, any right granted same powers as the Librarian of Congress of such Act (2 U.S.C. 1311(a)(1)). or protected by this Act. has to administer and enforce title VII of the SEC. 6. BENEFITS. Civil Rights Act of 1964 (42 U.S.C. 2000e et SEC. 13. STATE AND FEDERAL IMMUNITY. This Act does not apply to the provision of seq.) in the case of a claim alleged by the in- (a) STATE IMMUNITY.—A State shall not be employee benefits to an individual for the dividual for a violation of such title; immune under the 11th amendment to the benefit of the partner of the individual. (3) the Board (as defined in section 101 of Constitution from an action in a Federal SEC. 7. NO DISPARATE IMPACT; COLLECTION OF the Congressional Accountability Act of 1995 court of competent jurisdiction for a viola- STATISTICS. (2 U.S.C. 1301)) shall have the same powers as tion of this Act. (a) DISPARATE IMPACT.—The fact that an the Board has to administer and enforce the (b) REMEDIES AGAINST THE UNITED STATES employment practice has a disparate impact, Congressional Accountability Act of 1995 (2 AND THE STATES.—Notwithstanding any as the term ‘‘disparate impact’’ is used in U.S.C. 1301 et seq.) in the case of a claim al- other provision of this Act, in an action or section 703(k) of the Civil Rights Act of 1964 leged by the individual for a violation of sec- administrative proceeding against the (42 U.S.C. 2000e–2(k)), on the basis of sexual tion 201(a)(1) of such Act (2 U.S.C. 1311(a)(1)); United States or a State for a violation of orientation does not establish a prima facie (4) the Attorney General shall have the this Act, remedies (including remedies at violation of this Act. same powers as the Attorney General has to law and in equity, and interest) are available (b) COLLECTION OF STATISTICS.—The Com- administer and enforce— for the violation to the same extent as the mission shall not collect statistics on sexual (A) title VII of the Civil Rights Act of 1964 remedies are available for a violation of title orientation from covered entities, or compel (42 U.S.C. 2000e et seq.); or VII of the Civil Rights Act of 1964 (42 U.S.C. the collection of such statistics by covered (B) sections 302 and 304 of the Government 2000e et seq.) by a private entity, except entities. Employee Rights Act of 1991 (2 U.S.C. 1202 that— SEC. 8. QUOTAS AND PREFERENTIAL TREATMENT and 1220); (1) punitive damages are not available; and PROHIBITED. in the case of a claim alleged by the indi- (2) compensatory damages are available to (a) QUOTAS.—A covered entity shall not vidual for a violation of such title or of sec- the extent specified in section 1977A(b) of the adopt or implement a quota on the basis of Revised Statutes (42 U.S.C. 1981a(b)). sexual orientation. tion 302(a)(1) of such Act (2 U.S.C. 1202(a)(1)), (b) PREFERENTIAL TREATMENT.—A covered respectively; SEC. 14. ATTORNEYS’ FEES. entity shall not give preferential treatment (5) the President, the Commission, and the Notwithstanding any other provision of to an individual on the basis of sexual ori- Merit Systems Protection Board shall have this Act, in an action or administrative pro- entation. the same powers as the President, the Com- ceeding for a violation of this Act, an entity (c) CONSENT DECREES.—The Commission mission, and the Board, respectively, have to described in section 12(a) (other than para- may not enter into a consent decree that in- administer and enforce chapter 5 of title 3, graph (4) of such section), in the discretion of cludes a quota, or preferential treatment to United States Code, in the case of a claim al- the entity, may allow the prevailing party, an individual, based on sexual orientation. leged by the individual for a violation of sec- other than the United States, a reasonable SEC. 9. RELIGIOUS EXEMPTION. tion 411 of such title; attorney’s fee (including expert fees) as part (a) IN GENERAL.—Except as provided in (6) a court of the United States shall have of the costs.The United States shall be liable subsection (b), this Act shall not apply to a the same jurisdiction and powers as the for the costs to the same extent as a private religious organization. court has to enforce— person. (b) UNRELATED BUSINESS TAXABLE IN- (A) title VII of the Civil Rights Act of 1964 SEC. 15. POSTING NOTICES. COME.—This Act shall apply to employment (42 U.S.C. 2000e et seq.) in the case of a claim or an employment opportunity for an em- alleged by the individual for a violation of A covered entity shall post notices for em- ployment position of a covered entity that is such title; ployees, applicants for employment, and a religious organization, if the duties of the (B) sections 302 and 304 of the Government members, to whom the provisions specified position pertain solely to activities of the or- Employee Rights Act of 1991 (2 U.S.C. 1202 in section 12(b) apply, that describe the ap- ganization that generate unrelated business and 1220) in the case of a claim alleged by the plicable provisions of this Act in the manner taxable income subject to taxation under individual for a violation of section 302(a)(1) prescribed by, and subject to the penalty section 511(a) of the Internal Revenue Code of such Act (2 U.S.C. 1202(a)(1)); provided under, section 711 of the Civil of 1986. (C) the Congressional Accountability Act Rights Act of 1964 (42 U.S.C. 2000e–10). SEC. 10. NONAPPLICATION TO MEMBERS OF THE of 1995 (2 U.S.C. 1301 et seq.) in the case of a SEC. 16. REGULATIONS. ARMED FORCES; VETERANS’ PREF- claim alleged by the individual for a viola- N ENERAL ERENCES. (a) I G .—Except as provided in tion of section 201(a)(1) of such Act (2 U.S.C. subsections (b), (c), and (d), the Commission (a) ARMED FORCES.— 1311(a)(1)); and shall have authority to issue regulations to (1) EMPLOYMENT OR AN EMPLOYMENT OPPOR- (D) chapter 5 of title 3, United States Code, carry out this Act. TUNITY.—In this Act, the term ‘‘employment in the case of a claim alleged by the indi- or an employment opportunity’’ does not vidual for a violation of section 411 of such (b) LIBRARIAN OF CONGRESS.—The Librarian of Congress shall have authority to issue reg- apply to the relationship between the United title. States and members of the Armed Forces. (b) PROCEDURES AND REMEDIES.—The proce- ulations to carry out this Act with respect to (2) ARMED FORCES.—In paragraph (1), the dures and remedies applicable to a claim al- employees of the Library of Congress. term ‘‘Armed Forces’’ means the Army, leged by an individual for a violation of this (c) BOARD.—The Board referred to in sec- Navy, Air Force, Marine Corps, and Coast Act are— tion 12(a)(3) shall have authority to issue Guard. (1) the procedures and remedies applicable regulations to carry out this Act, in accord- (b) VETERANS’ PREFERENCES.—This Act for a violation of title VII of the Civil Rights ance with section 304 of the Congressional does not repeal or modify any Federal, State, Act of 1964 (42 U.S.C. 2000e et seq.) in the case Accountability Act of 1995 (2 U.S.C. 1384), territorial, or local law creating a special of a claim alleged by the individual for a vio- with respect to covered employees, as de- right or preference concerning employment lation of such title; fined in section 101 of such Act (2 U.S.C. or an employment opportunity for a veteran. (2) the procedures and remedies applicable 1301). SEC. 11. CONSTRUCTION. for a violation of section 302(a)(1) of the Gov- (d) PRESIDENT.—The President shall have Nothing in this Act shall be construed to ernment Employee Rights Act of 1991 (2 authority to issue regulations to carry out prohibit a covered entity from enforcing U.S.C. 1202(a)(1)) in the case of a claim al- this Act with respect to covered employees, rules regarding nonprivate sexual conduct, if leged by the individual for a violation of as defined in section 401 of title 3, United the rules of conduct are designed for, and such section; States Code.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5460 CONGRESSIONAL RECORD — SENATE June 10, 1997 SEC. 17. RELATIONSHIP TO OTHER LAWS. work out of concern for their job secu- cials from the FDA, and have con- This Act shall not invalidate or limit the rity. This result, although unfortunate, cluded that there are indeed steps that rights, remedies, or procedures available to is not surprising in light of a Univer- an individual claiming discrimination pro- Congress should take to make the reg- hibited under any other Federal law or any sity of Maryland study that found gay ulatory process for medical devices law of a State or political subdivision of a men’s income to be 11 to 27 percent more efficient. Minnesotans want the State. lower than that of heterosexual men, FDA not only to protect public health, SEC. 18. SEVERABILITY. thanks to the effects of discrimination. but also to promote public health. If any provision of this Act, or the applica- The toll this discrimination takes ex- They want to know not only that new tion of the provision to any person or cir- tends far beyond its effect on those in- technologies will be safe, but that they cumstance, is held to be invalid, the remain- dividuals who must live in fear and will be available to them in a timely der of this Act and the application of the without full employment opportuni- provision to any other person or cir- manner. Many of Minnesota’s medical cumstance shall not be affected by the inva- ties. It also takes an unacceptable toll device manufacturers, researchers, cli- lidity. on America’s definition of itself as a nicians, and patients in need of new SEC. 19. EFFECTIVE DATE. land of equality and opportunity, as a and improved health care technology (a) IN GENERAL.—Except as provided in place where we judge each other on our have become increasingly concerned subsection (b), this Act shall take effect 60 merits, and as a country that teaches about the regulatory environment at days after the date of enactment of this Act its children that anyone can succeed and shall not apply to conduct occurring be- the FDA. While there have been some here as long as they are willing to do improvements in the device review fore the effective date. their job and work hard. (b) PRESIDENTIAL OFFICES.—The second process, there is still a need to increase This bill provides for equality and sentence of section 3(2), and sections 12(a)(5), communication between the FDA and fairness—that and no more. It says 12(a)(6)(D), 12(b)(4), and 16(d), shall take ef- industry; to decrease review times; and only what we already have said for fect on, and shall not apply to conduct oc- to have consistency in the review proc- curring before, the later of— women, for people of color, and for oth- (1) October 1, 1997; and ers: that you are entitled to have your ess. (2) the effective date described in sub- ability to earn a living depend only on These needs are highlighted by the section (a). your ability to do the job and nothing following example. A plant operated by Mr. LIEBERMAN. Mr. President, I else. In fact, the bill would even do a Minnesota-based device company was am delighted to join with Senators somewhat less than it does for women developing a new treatment for aortic JEFFORDS, KENNEDY, and over 30 of our and people of color, because it would aneurysms, which would require less colleagues as an original cosponsor of not give gay men and women all of the invasive measures than are currently this important legislation, the Employ- protections we currently provide to used. The company developed a pro- ment Non-Discrimination Act of 1997. other groups protected under our civil tocol for testing its product, submitted By guaranteeing that American work- rights laws. the protocol to the FDA and was told ers cannot lose their jobs simply be- Mr. President, this bill would bring by the reviewer that the protocol was cause of their actual or perceived sex- our Nation one large step closer to re- invalid. The reviewer suggested a dif- ual orientation, this bill would extend alizing the vision that Thomas Jeffer- ferent protocol and the company fol- the bedrock American values of fair- son so eloquently expressed 220 years lowed it. Upon completion of the clin- ness and equality to a group of our citi- ago when he wrote that all of us have ical trial, the company submitted the zens who too often have been denied a right to life, liberty, and the pursuit required data to the FDA. The original the benefit of those most basic values. of happiness. I urge my colleagues to reviewer was on an extended leave of Our Nation’s foundational document, join me in supporting this important absence, so the data went to a different the Declaration of Independence, ex- legislation. reviewer. The new reviewer deemed the pressed a vision of our country as one protocol that was used to be invalid, premised upon the essential equality of By Mr. WELLSTONE: and requested a new clinical trial, all people and upon the recognition S. 870. A bill to amend the Federal which basically followed the protocol that our Creator endowed all of us with Food, Drug, and Cosmetic Act to facili- that had been rejected by the first re- the inalienable rights to life, liberty, tate the development, approval, and and the pursuit of happiness. Two hun- use of medical devices to maintain and viewer. The company was forced to do dred and twenty years ago, when that improve the public health and quality a new trial, which resulted in signifi- document was drafted, our laws fell far of life of individuals, and for other pur- cant delays in getting this important short of implementing the declara- poses; to the Committee on Labor and product to market for patient use. I am tion’s ideal. But since that time, we Human Resources. certain that this is but one of many ex- amples of inconsistently applied proc- have come ever closer, extending by THE MEDICAL TECHNOLOGY, PUBLIC HEALTH, law to more and more of our citizens— AND INNOVATION ACT OF 1997 esses that delay the release of life-sav- to African-Americans, to women, to Mr. WELLSTONE. Mr. President, the ing technology to the consumer. disabled Americans, to religious mi- legislation that I am introducing The technologies that the FDA regu- norities, and to others—a legally en- today, the Medical Technology, Public lates are changing rapidly. We cannot forceable guarantee that, with respect Health and Innovation Act of 1997, afford a regulatory system that is ill- to their ability to earn a living at takes a significant step toward improv- equipped to speed these advances. As a least, they will be treated on their ing the effectiveness, timeliness, and result, both Congress and the Adminis- merits and not on characteristics unre- predictability of the FDA review proc- tration are reexamining the paradigms lated to their ability to do their jobs. ess for medical devices. that have governed the FDA. Our chal- It is time to extend that guarantee to It is important that we improve the lenge will be to define FDA’s mission gay men and lesbians, who too often system for device approval in order to and scope of responsibility, as well as have been subject to incidents of dis- provide access to optimal technology to give guidance on an appropriate bal- crimination and denied the most basic to American consumers. We need to do ance between the risks and rewards of of rights: the right to obtain and main- this in order to promote the public streamlining all aspects of how FDA tain a job. A collection of nearly two health. We must also maintain protec- does its job—including the approval dozen studies shows that as many as 46 tions for consumers, which are pro- process for breakthrough products. percent of gay and lesbian workers vided by the FDA’s oversight of device The legislation that I am introducing have experienced significant discrimi- manufacturing, development, and mar- nation in the workplace. The fear in keting. This legislation maintains would begin to address these issues in which these workers live was clear those protections, while allowing for three important ways: from a survey of 1,400 gay men and les- new efficiencies within the FDA. First, it would enable the FDA to bians in Philadelphia. Seventy-six per- Over the past 2 years, I have met adopt nationally and internationally cent of the men and 81 percent of the with numerous representatives of Min- recognized performance standards to women told those conducting the sur- nesota’s medical device industry, pa- improve the transparency and effec- vey that they hide their orientation at tient advocates, clinicians, and offi- tiveness of the device review process.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5461 Resource constraints and the time-con- I ask unanimous consent that the SEC. 3. DEVICE PERFORMANCE STANDARDS. suming rulemaking process have pre- text of the bill be printed in the (A) ALTERNATIVE PROCEDURE.—Section 514 (21 U.S.C. 360d) is amended by adding at the cluded FDA promulgation of perform- RECORD. ance standards in the past. This legis- There being no objection, the bill was end the following: ‘‘RECOGNITION OF A PERFORMANCE STANDARD lation would allow the FDA, when ap- ordered to be printed in the RECORD, as propriate, to simply adopt consensus follows: ‘‘(c)(1)(A) The Secretary, through publica- tion in the Federal Register, issue notices standards that are already being used S. 870 identifying and listing nationally and inter- by most of the world and use those Be it enacted by the Senate and House of Rep- nationally recognized performance standards standards to assist in determining the resentatives of the United States of America in for which persons may provide a certifi- safety and effectiveness of class III Congress assembled, cation of a device’s conformity under para- medical devices. The FDA could re- SECTION 1. SHORT TITLE AND REFERENCE. graph (3) in order to meet the premarket quire additional data from a manufac- (a) SHORT TITLE.—This Act may be cited as submission requirements or other require- turer relevant to an aspect of a device the ‘‘Medical Technology, Public Health, and ments under the Act to which the standards Innovation Act of 1997’’. are applicable. covered by an adopted performance (b) REFERENCE.—Whenever in this Act an standard if necessary to protect pa- ‘‘(B) Any person may elect to utilize data amendment or repeal is expressed in terms of other than data required by the standards tient safety. Currently, the lack of an amendment to, or a repeal of, a section or described in subparagraph (A) to meet any clear performance standards for class other provision, the reference shall be con- requirement under the Act to which the III medical devices is a barrier to the sidered to be made to a section or other pro- standards are applicable. improvement of the quality and timeli- visions of the Federal Food, Drug, and Cos- ‘‘(2) The Secretary may remove from the ness of the premarket approval process. metic Act (21 U.S.C. 321 et seq.) list of standards described in paragraph (1) a Second, it would improve commu- SEC. 2. FINDINGS; MISSIONS STATEMENT. standard that the Secretary determines is no nication between the industry and the (a) FINDINGS.—The Congress finds the fol- longer appropriate for making determina- FDA and the predictability of the re- lowing: tions with respect to the regulation of de- (1) While the United States appropriately vices. view process. I believe that these two puts a top priority on the regulation of med- ‘‘(3)(A) A person may provide a certifi- factors are extremely important. The ical technologies to ensure the safety and ef- cation that a device conforms to an applica- bill includes provisions for meetings ficacy of medical technologies that are in- ble standard listed under paragraph (1) to between the applicant and the FDA to troduced into the marketplace, the adminis- meet the requirements described in para- ensure that applicants are promptly in- tration of such regulatory effort is causing graph (1) and the Secretary shall accept such formed of any deficiencies in their ap- the United States to lose its leadership role certification. plication, that questions that can be in producing innovative, top-quality medical ‘‘(B) The Secretary may, at any time, re- devices. answered easily would be addressed quest a person who submits a certification (2) One of the key components of the med- described in subparagraph (A) to submit the right away, and that applicants would ical device regulatory process that contrib- data or information that the person relied on be well informed about the status of utes to the United States losing its leader- in making the certification. their application. I believe that im- ship role in medical device development is ‘‘(C) A person who submits a certification proving communication between the the inordinate amount of time it takes for described in subparagraph (A) shall maintain FDA and industry would result in medical technologies to be reviewed by the the data and information upon which the greater compliance with regulations Food and Drug Administration. certification was made for a period of 2 years (3) The most important result of the and that this will ultimately benefit after the submission of the certification or a United States losing its leadership role is time equal to the expected design life of a consumers and patients. that patients in the United States do not device, whichever is longer.’’. Third, the legislation would help the have access to new medical technology in a (b) SECTION 301.—Section 301 (21 U.S.C. 331) FDA focus its resources more appro- timely manner. is amended by adding at the end the fol- priately. PMA supplements or 510(k)’s (4) Delayed patient access to new medical lowing: that relate only to changes that can be technology results in lost opportunities to ‘‘(x) The falsification of a certification sub- shown to not adversely affect the safe- save lives, to reduce hospitalization and re- mitted under section 514(c)(3) or the failure ty or effectiveness of the device would covery time, and to improve the quality of or refusal to provide data or information re- life of patients. not require premarket approval or no- quested by the Secretary under such sec- (5) The economic benefits of the United tion.’’. tification. Manufacturers would in- States medical device industry, which is (c) SECTION 501.—Section 501(e) (21 U.S.C. stead make information and data sup- composed principally of smaller companies, 351(e)) is amended by striking ‘‘established’’ porting the change part of the master has provided through growth in jobs and and inserting ‘‘established or listed’’. record at the FDA. In addition the FDA global trade are threatened by the slow and SEC. 4. PREMARKET APPROVAL. would be able to exempt from pre- unpredictable regulatory process at the Food (a) APPLICATION.—Section 515(c) (21 U.S.C. market notification requirements and Drug Administration. 360e(c)) is amended— (6) The pace and predictability of the med- (1) in paragraph (1)— those class II devices for which such re- ical device regulatory process are in part re- quirements are unnecessary to ensure (B) in subparagraph (F), by striking ‘‘; sponsible for the increasing tendency of and’’ and inserting a semicolon; the public health without first having United States medical device companies to (C) in subparagraph (G), by striking ‘‘re- to go through the time consuming and shift research, product development, and quire.’’ and inserting ‘‘require; and’’; and bureaucratic process of reclassifying manufacturing offshore, at the expense of (D) by adding at the end the following: them to class I. The FDA would also American jobs, patients, and leading edge ‘‘(H) an identifying reference to any per- have the option of relying on clinical research. formance standard listed under section 514(c) (b) MISSION STATEMENT.—This legislation postmarket controls classifying de- that is applicable to such device. seeks to improve the timeliness, effective- (2) by adding at the end the following: vices. Enabling the FDA to focus its at- ness, and predictability of the medical device ‘‘(3) The Secretary shall accept historical tention where the real risks are will approval process for the benefit of United clinical data as a control for use in deter- not only streamline the approval proc- States patients and the United States econ- mining whether there is a reasonable assur- ess but also benefit consumers. omy by— ance of safety and effectiveness of a device in I look forward to working with Sen- (1) providing for the use of nationally and a case in which the effects of the progression ator JEFFORDS, the chairman of the internationally recognized performance of a disease are clearly defined and well un- Labor and Human Resources Com- standards to assist the Food and Drug Ad- derstood. ‘‘(4) The Secretary may not require the mittee, and my other colleagues on the ministration in determining the safety and effectiveness of medical devices; sponsor of an application to conduct clinical Committee on the concepts included in (2) facilitating communication between trials for a device using randomized controls my proposal. I will work vigorously to medical device companies and the Food and unless the controls— ensure that they are included in FDA Drug Administration; ‘‘(A) are necessary; legislation considered by the Senate (3) targeting the use of Food and Drug Ad- ‘‘(B) are scientifically and ethically fea- this year. I look forward to continuing ministration resources on medical devices sible; and to work on these issues with Minneso- that are likely to have serious adverse ‘‘(C) other less burdensome controls, such health consequences; and as historical controls, are not available to tans. Clearly, there are actions that (4) requiring the Food and Drug Adminis- permit a determination of a reasonable as- Congress can take to improve the FDA tration to determine the least costly, most surance of safety and effectiveness.’’. without sacrificing the assurance of efficient approach to reasonably assuring the (b) ACTION ON APPLICATION.—Section 515(d) safety that all Americans depend on. safety and effectiveness of devices. (21 U.S.C. 30e(d)) is amended—

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5462 CONGRESSIONAL RECORD — SENATE June 10, 1997 (1) in paragraph (1)(A)— application under this subsection shall not investigation without requiring an addi- (A) by striking ‘‘paragraph (2) of this sub- be subject to premarket approval under this tional approval of an application for an in- section’’ each place it appears and inserting section, unless such representations estab- vestigational device exemption, or the ap- ‘‘paragraph (8)’’; and lish new conditions of use. Any representa- proval of a supplement to the application, if (B) by adding at the end the following flush tions made in promotional materials for de- the changes meet the following require- paragraph: vices subject to an approved application ments: ‘‘In making a determination to approve or shall be supported by appropriate data or in- ‘‘(I) The changes do not constitute a sig- deny an application, the Secretary shall rely formation that can substantiate the rep- nificant change in the design of the product on the conditions of use proposed in the la- resentations at the time such representa- or a significant change in basic principles of beling of device as the basis for determining tions are made.’’. operation. whether or not there is a reasonable assur- (c) WITHDRAWAL OR TEMPORARY SUSPENSION ‘‘(II) The changes do not adversely affect ance of safety and effectiveness. If, based on OF APPROVAL OF APPLICATION.—Section patient safety. a fair evaluation of all material facts, the 515(e)(1) (21 U.S.C. 360e(1)) is amended in sub- ‘‘(ii) The Secretary shall require that each proposed labeling of the device is neither paragraph (G) by inserting after the word such change shall be documented with infor- false nor misleading in any particular, the ‘‘effect’’ the words ‘‘or listed.’’ mation describing the change and the basis Secretary shall not consider conditions of SEC. 5. PREMARKET NOTIFICATION. of the sponsor of application for concluding use not included in such labeling in making (a) EXEMPTION OF CERTAIN DEVICES.—Sec- that the change does not constitute a signifi- the determination.’’; tion 510 (21 U.S.C. 360) is amended— cant change in design or operating prin- (3) by redesignating paragraphs (2) and (3) (1) in subsection (k), by striking ‘‘intended ciples, and that the change does not ad- as paragraphs (8) and (9), respectively; and for human use’’ and inserting ‘‘intended for versely affect patient safety. (3) by inserting after paragraph (1) the fol- human use (except a device that is classified ‘‘(b) CONFORMING AMENDMENTS.—Section lowing: into class I under section 513 or 520 or a de- 517(a)(7) (21 U.S.C. 360g(a)(7)) is amended— ‘‘(2) Each application received under sub- vice that is classified into class II under sec- (1) by striking ‘‘section 520(g)(4)’’ and in- section (c) shall be reviewed in a manner to tion 513 or 520, and is exempt from the re- serting ‘‘section 520(g)(5)’’; and achieve final action within the 180-day pe- quirements of this subsection under sub- (2) by striking ‘‘section 520(g)(5)’’ and in- riod described in subparagraph (A), and the section (l))’’; serting ‘‘section 520(g)(6)’’. 180-day period may not be altered for any (2) by adding at the end of subsection (k) SEC. 7. PRODUCT REVIEW. reason without the written consent of an ap- (as amended by paragraph (1)) the following Section 513 (21 U.S.C. 360c) is amended by— plicant. flush sentence: (1) in subsection (a)(3)(A)— ‘‘(3)(A) Not later than 100 days after the re- ‘‘The Secretary shall review the notification (A) by striking ‘‘including clinical inves- ceipt of an application that has been filed by required by this subsection and make a de- tigations where appropriate’’ and inserting the Secretary because the application satis- termination under section 513(f)(1)(A) within ‘‘including 1 or more clinical investigations fies the content requirements of subsection 90 days after receiving the notification.’’; where appropriate’’; (c)(1), the Secretary shall meet with the ap- and (B) by adding at the end the following: plicant and disclose each deficiency relating (3) by adding at the end of the following: ‘‘When evaluating the type and amount of to the application that would preclude ap- ‘‘(1)(A) Within 30 days after the date of en- data necessary to find a reasonable assur- proval of the application under paragraph actment of this subsection, the Secretary ance of device effectiveness for an approval (1). shall develop and publish in the Federal Reg- under section 515, the Secretary shall con- ‘‘(B) The applicant shall have the right to ister a list of each type of class II device that sider the extent to which reliance on be informed in writing with respect to the does not require a report under subsection postmarket controls may contribute to such information communicated to the applicant (k) to provide reasonable assurance of safety assurance and expedite effectiveness deter- during the meeting. and effectiveness. Each type of class II de- minations without increasing regulatory ‘‘(4) To permit better treatment or better vice identified by the Secretary not to re- burdens on persons who submit applications diagnoses of life-threatening or irreversibly quire the report shall be exempt from the re- under section 515(c).’’; debilitating diseases or conditions, the Sec- quirement to file a report under subsection (2) in subsection (a)(3), by adding at the retary shall expedite the review for devices— (k) as of the date of the publication of the end the following: ‘‘(A) representing breakthrough tech- list in the Federal Register. ‘‘(C)(i) The Secretary upon the request of nologies; ‘‘(B) Beginning on the date that is 1 day ‘‘(B) offering significant advantages over any person intending to submit an applica- after the date of the publication of a list existing approved alternatives; or tion under section 515 shall meet with the ‘‘(C) for which accelerated availability is under this subsection, any person may peti- person to determine the type of valid sci- in the best interest of the public health. tion the Secretary to exempt a type of class entific evidence within the meaning of sub- ‘‘(5) The Secretary shall complete the re- II device from the requirement of subsection paragraphs (A) and (B) that will be necessary view of all supplemental applicants to an ap- (k). The Secretary shall respond to the peti- to demonstrate the effectiveness of a device plication approved under paragraph (1) that tion within 120 days after the receipt of the for the conditions of use proposed by such do not contain clinical data within 90 days petition and determine whether or not to person to support an approval of an applica- after the receipt of a supplement that has grant the petition in whole or in part.’’. tion. been accepted for filing. (b) SPECIAL RULE RELATING TO EXEMPTION ‘‘(ii) Within 30 days after such meeting, the ‘‘(6)(A) A supplemental application shall be OF CLASS I DEVICES FROM 510K NOTIFICA- Secretary shall specify in writing the type of required for any change to a device subject TIONS.—The exemption of a class I device valid scientific evidence that will provide a to an approved application under this sub- from the notification requirement of section reasonable assurance that a device is effec- section if the change affects safety or effec- 510(k) shall not apply to a class I device that tive under the conditions of use proposed by tiveness, unless the change is a modification is life sustaining or life saving or that is in- the person. in a manufacturing procedure or method of tended to be implanted into the human body. ‘‘(iii) Any clinical data, including 1 or manufacturing and the holder of an approved SEC. 6. INVESTIGATIONAL DEVICE EXEMPTION. more well-controlled investigations, speci- application submits a notice to the Sec- (a) REGULATIONS.—Section 520(g) (21 U.S.C. fied by the Secretary for demonstrating a retary that describes the change and informs 360j(g)) is amended— reasonable assurance of device effectiveness the Secretary that the change has been made (1) by redesignating paragraphs (4) and (5) shall reflect the Secretary’s determination under the requirements of section 520(f). as paragraphs (5) and (6), respectively; and that such data are necessary to establish de- ‘‘(B)(i) In reviewing a supplement to an ap- (2) by inserting after paragraph (3) the fol- vice effectiveness and that no other less bur- proved application for an incremental lowing: densome means of evaluating device effec- change to the design of a device that affects ‘‘(4) The Secretary shall, within 120 days tiveness are available which would have a safety or effectiveness, the Secretary shall after the date of enactment of this para- reasonable likelihood of resulting in an ap- approve the supplement if— graph, by regulation, amending the content proval. ‘‘(I) nonclinical data demonstrate that a of part 812 of title 21 of the Code of Federal ‘‘(2) The determination of the Secretary design modification creates the intended ad- Regulations, amend the procedures with re- with respect to the specification of the valid ditional capacity, function, or performance spect to the approval of clinical studies scientific evidence under clause (ii) shall be of the device; and under this subsection as follows: binding upon the Secretary, unless such de- ‘‘(II) clinical data from the approved appli- ‘‘(A) The Secretary shall permit the spon- termination by the Secretary would be con- cation and any supplements to the approved sor of an investigation to meet with the Sec- trary to the public health’’; and application provide a reasonable assurance retary prior to the submission of an applica- (3) in subsection (i), by adding at the end of safety and effectiveness. tion to develop a protocol for a clinical study the following: ‘‘(ii) The Secretary may require, when nec- subject to the regulation and require that ‘‘(C) to facilitate reviews of reports sub- essary, additional clinical data to evaluate the protocol be agreed upon in writing by the mitted to the Secretary under section 510(k), the design modification to provide a reason- sponsor and the Secretary. the Secretary shall consider the extent to able assurance of safety and effectiveness. ‘‘(B)(i) The Secretary shall permit develop- which reliance on postmarket controls may ‘‘(7) Any representation in promotional mental changes to devices in response to in- expedite the classification of devices under materials for a device subject to an approved formation gathered during the course of an subsection (f)(1).

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5463 ‘‘(D) Whenever the Secretary requests in- venerate the bonds that drew us all isolate terrorist-supporting nations in formation to demonstrate that devices with closer together as a result. an effective manner. differing technological characteristics are I welcome all Members to cosponsor We no longer live in a cold war world substantially equivalent, the Secretary shall this important piece of legislation. where the threats to our national secu- only request information that is necessary rity are easily identifiable. The fluid to making substantial equivalence deter- By Mr. ASHCROFT: minations. In making such requests, the Sec- and complex international environ- S. 873. A bill to amend the prohibi- ment we face today demands the high- retary shall consider the least burdensome tion of title 18, United States Code, means of demonstrating substantial equiva- est national security vigilance, the lence and request information accordingly. against financial transactions with kind of vigilance that appears to be ‘‘(E) Any determinations of substantial state sponsors of international ter- lacking in the Clinton administration. equivalence by the Secretary shall be based rorism; to the Committee on the Judi- The administration’s abysmal perform- upon the intended uses proposed in labeling ciary. ance in enforcing United States laws submitted in a report under section 510(k). THE PROHIBITION ON FINANCIAL TRANSACTIONS against the proliferation of weapons of ‘‘(F) Any representations made in pro- WITH COUNTRIES SUPPORTING TERRORISM ACT mass destruction by China is now mir- motional materials for devices shall not re- OF 1997 rored by the administration’s eviscera- quire a report under section 510(k), unless Mr. ASHCROFT. Mr. President, I tion of Congress’ antiterrorism sanc- such representations establish new intended would like to introduce The Prohibi- uses for a legally marketed device.’’. tions. This administration finds no in- tion on Financial Transactions with consistency between President Clin- By Mr. NICKLES (for himself, Countries Supporting Terrorism Act of ton’s claim in an August 1996 speech at and Mr. INHOFE): 1997. This legislation will further iso- George Washington University that S. 871. A bill to establish the Okla- late state sponsors of international ter- America ‘‘cannot do business with * * * homa City National Memorial as a unit rorism from the community of respon- terrorists who kill * * * innocent civil- of the National Park System; to des- sible nations. By prohibiting financial ians,’’ and the State Department ignate the Oklahoma City Memorial transactions between U.S. persons and issuing regulations for the Anti-ter- Trust, and for other purposes; to the such criminal regimes, this bill will rorism Act that same month that per- Committee on Energy and Natural Re- also reduce the financial resources mit most business transactions with sources. available to terrorist states. terrorist states to continue. Mr. President, terrorism is no longer OKLAHOMA CITY NATIONAL MEMORIAL ACT OF Unfortunately, this is the second 1997 time the Senate has had to consider a far away phenomenon that American Mr. NICKLES. Mr. President, I rise legislation to prohibit financial trans- only risk when traveling abroad. Ter- today to introduce legislation with actions with state sponsors of ter- rorist violence that primarily targeted U.S. citizens overseas is now finding its Senator INHOFE to establish the Okla- rorism. The Anti-terrorism and Effec- homa City National Memorial and cre- tive Death Penalty Act, passed by Con- way to American shores, and the most ate the Oklahoma City Memorial gress and signed into law by the Presi- stringent U.S. antiterrorism policy will Trust. The memorial will commemo- dent on April 24, 1996, contained a simi- be essential to protect our citizens. rate the national tragedy ingrained in lar provision—section 321—which pro- State sponsors of terrorism possess a all of our minds that occurred in down- hibited financial transactions with hatred of global dimensions, and Amer- ica is one of their primary targets. Our town Oklahoma City at 9:02 a.m. on state sponsors of terrorism. Unfortu- policies must reflect this under- April 19, 1995, in which 168 Americans nately, the manner in which the State Department implemented section 321 standing. lost their lives and countless thousands Mr. President, in the Africa Sub- more lost family members and friends. effectively exempted at least two ter- rorist States, Sudan and Syria, from committee, I have followed closely the The Oklahoma City National Memo- global efforts of one particular country rial, to be established as a unit of the the ban on financial transactions with United States citizens. on the list of terrorist nations. Since National Park Service, will serve as a democracy was overthrown by a radical monument to those whose lives were The Clinton administration seem- ingly misinterpreted the clear lan- Islamic military coup in 1989, Sudan taken and others will bear the physical has quickly joined Iran as the worst of and mental scars for the rest of their guage of section 321 which states that: . . . whoever, being a United States person, the world’s state sponsors of terrorism. days. It will stand as a testament to Sudan’s Government harbors elements the hope, generosity, and courage knowing or having reasonable cause to know that a country is designated . . . as a coun- of the most violent terrorist organiza- shown by Oklahomans and fellow try supporting international terrorism, en- tions in the world: Jihad, the Armed Is- Americans across the country fol- gages in a financial transaction with the lamic Group, Hamas, Abu Nidal, Pales- lowing the Oklahoma City bombing. government of that country, shall be fined tinian Islamic Jihad, Hezbollah, and This will be a place of remembrance, under this title, imprisoned for not more the Islamic Group all run terrorist peace, spirituality, comfort, and learn- than 10 years, or both. training camps in Sudan. ing. The memorial complex will in- Somehow, our Government read such Those groups are responsible for hun- clude a special place for children, 19 of plain language to permit—not pro- dreds of terrorist attacks around the whom were killed in the blast, to as- hibit—almost all financial transactions world that have killed thousands of in- sure them that the world holds far with terrorist states. The only trans- nocent people. Abu Nidal alone has more good than bad. actions the lawyers down at Foggy been responsible for 90 terrorist at- The memorial site will encompass Bottom saw fit to prohibit were finan- tacks in 20 countries which have killed the footprint of the Alfred P. Murrah cial transactions which might further or injured almost 900 people. Jihad is Federal Building, Fifth Street between terrorism within the United States. responsible for the assassination of Robinson and Harvey, the site of the The bureaucrats at the State Depart- Egyptian President Anwar Sadat and Water Resources Building, and the ment evidently feel that transactions Jihad’s leader, Sheikh Omar abdel Journal Record Building. Both Park which further terrorism against citi- Rahman, is the ideological ringleader Service and non-Park Service per- zens of foreign countries or Americans of the terrorists that attacked the sonnel will staff the memorial grounds abroad—such as Pan Am flight 103— World Trade Center and plotted to and interpretive center on the site. The should not be targeted by this law. bomb the United Nations in New York. Memorial Trust, comprised of nine un- Mr. President, the Congress of the Another terrorist organization, the Is- paid trustees, will administer the oper- United States has worked extensively lamic Group, regularly targets west- ation, maintenance, management, and in a bipartisan manner to provide the erners in Egypt for attack and claims interpretation of the memorial. legislative tools needed to defend responsibility for the failed assassina- While the thousands of family mem- America and our allies against the ris- tion attempt on Egyptian President bers and friends of those killed in the ing threat of international terrorism, Hosni Mubarak during his visit to bombing will forever bear scars of hav- and I am sorry that the Senate must Ethiopia in 1995. In addition to har- ing their loved ones taken away, the now revisit this antiterrorism legisla- boring such terrorist organizations, Oklahoma City National Memorial will tion to correct the misguided efforts of Sudan has also given refuge to some of revere the memory of those lost and this administration to confront and the

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5464 CONGRESSIONAL RECORD — SENATE June 10, 1997 most notorious individual terrorists in states. Business as usual should not would urge the Senate to act soon on the world, including Imad Moughniyeh proceed with such regimes, and Presi- this legislation. who is believed to be responsible for dent Clinton should not have to be f the 1983 bombing of the United States coaxed into aggressively enforcing U.S. Marine barracks in Beirut which killed antiterrorism law to isolate these ADDITIONAL COSPONSORS 241 American soldiers. countries. This legislation will dimin- S. 121 Sudan is not simply a favorite train- ish the financial resources available to At the request of Mr. MOYNIHAN, the ing camp for terrorists, Mr. President. terrorist states for their campaign of names of the Senator from Florida [Mr. The Sudanese Government actively violence and hatred, and I urge the GRAHAM], the Senator from Texas [Mr. supports this terrorist activity. For in- Senate’s prompt consideration and pas- GRAMM], and the Senator from Utah stance, Sudan reportedly provided the sage of this bill. [Mr. HATCH] were added as cosponsors weapons and travel documentation for of S. 121, a bill to amend the Internal the assassins who attacked President By Mr. FAIRCLOTH (for himself Revenue Code of 1986 to provide for Mubarak during his Ethiopia visit. Two and Mr. SHELBY): 501(c)(3) bonds a tax treatment similar S. 874. A bill to amend title 31, Sudanese diplomats at the United Na- to governmental bonds, and for other United States Code, to provide for an tions in New York conspired to help purposes. Jihad terrorists gain access to the U.N. exemption to the requirement that all S. 127 complex in order to bomb the building. Federal payments be made by elec- The conspiracy to bomb the United tronic funds transfer; to the Com- At the request of Mr. MOYNIHAN, the Nations was just one in a series of ter- mittee on Finance. names of the Senator from Florida [Mr. GRAHAM] and the Senator from Texas rorist plots to bomb numerous loca- ELECTRONIC BENEFITS TRANSFER LEGISLATION tions around New York, including the Mr. FAIRCLOTH. Mr. President, I am [Mr. GRAMM] were added as cosponsors Lincoln and Holland Tunnels, the pleased to introduce legislation today of S. 127, a bill to amend the Internal George Washington Bridge, and various that would modify the mandatory EBT Revenue Code of 1986 to make perma- U.S. military installations. Five of the legislation that was passed in 1996. nent the exclusion for employer-pro- twelve defendants convicted in this se- Mr. President, in 1996, the Congress vided educational assistance programs, ries of terrorist plots were Sudanese amended the Federal Financial Man- and for other purposes. nationals. Thankfully, law enforce- agement Act of 1994—as part of the S. 278 ment authorities thwarted most of Omnibus Appropriations Act of 1996, At the request of Mr. GRAMM, the these tragedies before they occurred, Public Law 104–134—to require that all name of the Senator from Oklahoma but the earlier terrorist attack against Federal payments after January 1, 1999, [Mr. INHOFE] was added as a cosponsor the World Trade Center was carried out be made by electronic funds transfer. of S. 278, a bill to guarantee the right by the same broader terrorism network The legislation I am introducing of all active duty military personnel, in New York and killed six people. today would provide an exemption merchant mariners, and their depend- Those who bombed the World Trade from that requirement for Social Secu- ents to vote in Federal, State, and Center only expressed regret that the rity and veterans benefits, except that local elections. twin towers were not toppled as they a recipient may send written notifica- S. 356 had planned, a catastrophe that in an tion to the agency head authorizing At the request of Mr. GRAHAM, the instant could have resulted in more that such payments be made electroni- name of the Senator from California American casualties than the entire cally. Thus, the legislation makes it [Mrs. FEINSTEIN] was added as a co- Vietnam war. optional for the vast majority of Fed- sponsor of S. 356, a bill to amend the Sudan’s involvement in the con- eral beneficiaries, particularly retirees. Internal Revenue Code of 1986, the Pub- spiracy to wage an urban war of ter- This would affect nearly 20 million lic Health Service Act, the Employee rorism in New York makes it patently Social Security recipients who still re- Retirement Income Security Act of clear why our Government has justifi- ceive their check through the mail. 1974, the title XVIII and XIX of the So- ably designated some nations as state Also, nearly 40 percent of veterans ben- cial Security Act to assure access to sponsors of terrorism and has imposed efits are still by mail. emergency medical services under upon them the most severe penalties Mr. President, I have found that group health plans, health insurance and sanctions provided by United many retirees are unaware of this re- coverage, and the medicare and med- States law. I am grateful that America quirement, and do not desire to have icaid programs. has been relatively isolated from most their checks electronically deposited. S. 387 of the world’s terrorist violence, but Mr. President, these are not welfare At the request of Mr. HATCH, the checks. The Government should not just as terrorists have targeted Ameri- name of the Senator from Texas [Mrs. cans abroad in the past, they are now force retirees to accept this mandate. HUTCHISON] was added as a cosponsor of In fact, AARP testified before the targeting Americans here at home. S. 387, a bill to amend the Internal House Government Reform and Over- International terrorism is one of the Revenue Code of 1986 to provide equity sight Committee last year, stating that great threats to our national security, to exports of software. but unfortunately yet another example ‘‘AARP believes that direct deposit of S. 389 of a national security threat this ad- federal payments should remain op- ministration is failing to forcefully ad- tional for current payment recipients.’’ At the request of Mr. ABRAHAM, the dress. By cutting off the flow of finan- Further, AARP has found that Social names of the Senator from North Da- cial resources to these rogue regimes, Security recipients receiving checks by kota [Mr. DORGAN] and the Senator it will become more difficult for them mail were clustered in a handful of from New York [Mr. D’AMATO] were to seed the globe with their acts of vio- States, including my home State of added as cosponsors of S. 389, a bill to lent cowardice. North Carolina. improve congressional deliberation on Mr. President, the legislation I am Mr. President, many people worked proposed Federal private sector man- introducing today will effectively pro- all of their lives for these benefits. dates, and for other purposes. hibit financial transactions with state They have the right to receive them. S. 394 sponsors of terrorism—regardless of Many people served their country for At the request of Mr. HATCH, the whether the terrorist attack occurs these benefits. The very notion that names of the Senator from California within the United States or abroad. they will be told where their benefits [Mrs. BOXER] and the Senator from This prohibition is one step in the fight are being sent is abhorrent. Further, it Florida [Mr. GRAHAM] were added as against international terrorism the ad- has even been suggested that benefits cosponsors of S. 394, a bill to partially ministration is evidently unwilling to could be withheld if persons do not restore compensation levels to their take. choose a bank to receive a check. past equivalent in terms of real income An analysis of Sudan’s involvement Mr. President, this is wrong. I am not and establish the procedure for adjust- in international terrorism gives us an opposed to direct deposit, but I am op- ing future compensation of justices and idea of the global designs of terrorist posed to it being forced on people. I judges of the United States.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5465 S. 419 tive American Veteran Housing Loan For further information, please con- At the request of Mr. BOND, the Pilot Program of the Department of tact Jim O’Toole of the subcommittee names of the Senator from Michigan Veterans Affairs. staff at (202) 224–5161. [Mr. ABRAHAM] and the Senator from S. 735 f Connecticut [Mr. DODD] were added as At the request of Mr. D’AMATO, the ADDITIONAL STATEMENTS cosponsors of S. 419, a bill to provide names of the Senator from Massachu- surveillance, research, and services setts [Mr. KENNEDY] and the Senator aimed at prevention of birth defects, from Mississippi [Mr. COCHRAN] were HONORING ARGONNE-WEST and for other purposes. added as cosponsors of S. 735, a bill to SCIENTISTS S. 509 amend title 10, United States Code, to ∑ Mr. KEMPTHORNE. Mr. President, I At the request of Mr. BURNS, the restore the Department of Defense loan rise today to give recognition to four name of the Senator from Kansas [Mr. guarantee program for small and me- very important individuals involved in BROWNBACK] was added as a cosponsor dium-sized business concerns that are the advancement of engineering and of S. 509, a bill to provide for the return economically dependent on defense ex- science relating to nuclear activities of certain program and activity funds penditures. for our country, and specifically within rejected by States to the Treasury to S. 766 the State of Idaho. I would like to com- reduce the Federal deficit, and for At the request of Ms. SNOWE, the mend Douglas C. Crawford, H. Peter other purposes. names of the Senator from Massachu- Planchon, John I. Sackett and Bobby S. 563 setts [Mr. KERRY] and the Senator from R. Seidel on their various efforts in At the request of Mr. SANTORUM, the California [Mrs. BOXER] were added as this area which have warranted top name of the Senator from North Caro- cosponsors of S. 766, a bill to require awards from the American Nuclear So- lina [Mr. HELMS] was added as a co- equitable coverage of prescription con- ciety. sponsor of S. 563, a bill to limit the traceptive drugs and devices, and con- These four scientists, all employees civil liability of business entities that traceptive services under health plans. of the Argonne National Laboratory- donate equipment to nonprofit organi- S. 855 West, have made tremendous advances zations. At the request of Mr. FAIRCLOTH, the in terms of the science involving the S. 564 name of the Senator from Alaska [Mr. safe generation of nuclear power. For At the request of Mr. SANTORUM, the STEVENS] was added as a cosponsor of example, Dr. Douglas Crawford was name of the Senator from North Caro- S. 855, a bill to provide for greater re- awarded the Young Member Engineer- lina [Mr. HELMS] was added as a co- sponsiveness by Federal agencies in ing Achievement Award which recog- sponsor of S. 564, a bill to limit the contracts with the public, and for other nizes a series of experiments on reactor civil liability of business entities pro- purposes. fuels. Dr. Crawford has become a wide- viding use of facilities to nonprofit or- SENATE CONCURRENT RESOLUTION 7 ly recognized expert in the handling, ganizations. At the request of Mr. SARBANES, the management, and treatment of pluto- S. 565 name of the Senator from California nium. He is also the manager of the At the request of Mr. SANTORUM, the [Mrs. BOXER] was added as a cosponsor Engineering Division’s Materials Tech- name of the Senator from North Caro- of Senate Concurrent Resolution 7, a nology Section at Argonne-West. lina [Mr. HELMS] was added as a co- concurrent resolution expressing the Dr. H. Peter Planchon, who serves as sponsor of S. 565, a bill to limit the sense of Congress that Federal retire- an Associate Director of the Engineer- civil liability of business entities that ment cost-of-living adjustments should ing Division, received the American make available to a nonprofit organi- not be delayed. Nuclear Society’s Seaborg Medal which zation the use of a motor vehicle or SENATE CONCURRENT RESOLUTION 29 is awarded for outstanding long-term aircraft. At the request of Mr. GORTON, the individual excellence in nuclear inves- S. 566 name of the Senator from Michigan tigation and study. Dr. Planchon devel- oped reactor modeling and experiments At the request of Mr. SANTORUM, the [Mr. ABRAHAM] was added as a cospon- name of the Senator from North Caro- sor of Senate Concurrent Resolution 29, which have led to the use of passive re- sponse to accidents in sodium-cooled lina [Mr. HELMS] was added as a co- a concurrent resolution recommending sponsor of S. 566, a bill to limit the the integration of Estonia, Latvia, and reactors. His work and efforts were civil liability of business entities that Lithuania into the North Atlantic demonstrated in a 1986 experiment in provide facility tours. Treaty Organization. which Experimental Breeder Reactor— II, at the time operating at full power, S. 598 f was exposed to accident conditions. At the request of Mr. DOMENICI, the NOTICE OF HEARING The reactor safely shut itself down name of the Senator from Mississippi COMMITTEE ON ENERGY AND NATURAL RE- without operator intervention. Thanks [Mr. COCHRAN] was added as a cospon- to Dr. Planchon’s efforts, subsequent sor of S. 598, a bill to amend section SOURCES, SUBCOMMITTEE ON NATIONAL PARKS, HISTORIC PRESERVATION, AND RECRE- tests have shown that simplified nu- 3006A of title 18, United States Code, to ATION clear plants could be safely designed provide for the public disclosure of Mr. THOMAS. Mr. President, I would for the future. court appointed attorneys’ fees upon like to announce for the information of Dr. John Sackett’s contributions to approval of such fees by the court. the Senate and the public that the fast reactor technology, resulting in S. 657 June 12, 1997, hearing to review the pre- new and better approaches to plant At the request of Mr. DASCHLE, the liminary findings of the General Ac- protection and safety, have earned him names of the Senator from Nevada [Mr. counting Office concerning a study on great recognition and the honor of re- REID] and the Senator from Illinois the health, condition, and viability of ceiving the Walker Cisler Medal. This [Ms. MOSELEY-BRAUN] were added as the range and wildlife populations in medal is a special award which recog- cosponsors of S. 657, a bill to amend Yellowstone National Park which is nizes outstanding scientific or engi- title 10, United States Code, to permit scheduled before the Subcommittee on neering research achievements in the retired members of the Armed Forces National Parks, Historic Preservation, design and development of the fast who have a service-connected dis- and Recreation of the Committee on breeder reactor as applied to electric ability to receive military retired pay Energy and Natural Resources has been power generation. Dr. Sackett’s efforts concurrently with veterans’ disability rescheduled. truly are outstanding scientific compensation. The hearing will now take place on achievements which have led to better S. 714 Thursday, July 10, 1997, at 2 p.m. in plant operation. He currently serves as At the request of Mr. AKAKA, the room SD–366 of the Dirksen Senate Of- the Deputy Associate Laboratory Di- name of the Senator from Idaho [Mr. fice Building in Washington, DC, in- rector for Argonne-West. CRAIG] was added as a cosponsor of S. stead of on June 12, as previously And finally, the American Nuclear 714, a bill to make permanent the Na- scheduled. Society’s Public Communications

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5466 CONGRESSIONAL RECORD — SENATE June 10, 1997 Award was given to Dr. Bobby Seidel formation. This metamorphosis is evi- ing forces that helped turn the ashes and for his exceptional service in commu- denced by strong economic growth, 522 rubble of Charlotte St. and places like it into nicating unbiased facts regarding nu- new businesses, the preservation of the blocks of sparkling new homes. clear power to the public, which, as Old Bronx Borough Courthouse, im- She said strong local efforts have helped stem crime, erase neighborhood blight and you know, Mr. President, is not always provements in transportation, 30,000 open access to primary health care for the an easy task. Dr. Seidel directs the stu- new housing units, new parks and rec- poor. dent and faculty programs at Argonne- reational facilities, and a celebration ‘‘We are truly very excited that someone West and was the propelling strength of the cultural and ethnic diversity of else sees the hard work that we have done,’’ behind the planning and construction the people of the Bronx. Brooks said. of the nuclear energy display for the President Ferrer, New York City offi- Other winners announced Saturday night Idaho Falls-Bonneville County Mu- cials and community leaders deserve in Kansas City, Mo., were Fremont, Calif.; seum. This is a particularly important our praise and our admiration. To- Hillside Neighborhood (Colorado Springs), Colo.; Aberdeen, Md.; St. Joseph, Mo.; Ashe- exhibition of nuclear technology for gether, they have earned an honor for ville, N.C.; Statesville, N.C.; Bismarck, N.D.; the people of the Idaho Falls area be- the Bronx that makes all New Yorkers Aiken, S.C., and Texas City, Tex. cause so many times a hands-on look proud. In so doing, they have provided Some 120 communities applied for the re- at how this process works is a much hope to other communities throughout ward.∑ more effective means of education, the world. I ask that news stories from rather than merely reading about such the New York Times and the Daily f technology in a pamphlet or news- News be printed in the RECORD. TRIBUTE TO THE ROBERTS VAUX paper. The material follows: MIDDLE SCHOOL MIGHTY BISHOPS The American Nuclear Society is a [From the New York Times, June 9, 1997] ∑ Mr. SANTORUM. Mr. President, I nonprofit, international agency com- THE BRONX IS NAMED AN ALL-AMERICA CITY prised of individuals who represent would like to take a few moments of The Bronx—once called ‘‘the worst slum in Senate business to congratulate a more the 1,600 corporations, edu- America’’ by former President Carter—is one cational organizations, and Govern- of America’s top communities, the National group of middle school students from ment agencies. These people, most of Civic League said, announcing its annual top Philadelphia. On April 29, the Roberts whom are engineers, scientists, edu- 10 All-America Cities. Vaux Middle School Chess Team won cators, and students, have created an Other winners were Fremont, Calif.; Hill- first place in their K–8 division at the astounding membership number of over side Neighborhood (Colorado Springs), Colo.; National Scholastic Chess Champion- Aberdeen, Md.; St. Joseph, Mo.; Asheville, ship in Knoxville, TN. Competing 17,000. Each year, the society chooses N.C.; Statesville, N.C.; Bismarck, N.D.; the top contributors to the institutes against 4,300 students from almost Aiken, S.C.; and Texas City, Tex. every State in the Union, team mem- of nuclear science and engineering, and The 48-year-old competition, sponsored by recognizes them with distinctive the Allstate Foundation, judges cities based bers also earned individual awards for awards, specific to their fields of work. on citizen participation, collaborative ap- the third and sixth best players in the I am proud to know that this year a proaches to problem-solving, diversity and Nation, as well as for the top sixth and few of these awards were given to four education, among other criteria. Each win- eighth graders in their sections. Addi- ner receives a $10,000 grant. tionally, Vaux’s Salome Thomas-El outstanding Idaho citizens. Genevieve Brooks, the Bronx’s deputy bor- Again, Mr. President, I would like to won a coach’s award. ough president, said strong grass-roots ef- Collectively known as the Mighty commend these gentlemen on their ac- forts have helped stem crime, improve neigh- complishments and contributions to borhood blight and open access to primary Bishops, or the ‘‘Bad Bishops,’’ Deme- the nuclear scientific and engineering health care for the poor. ‘‘We are truly very trius Carroll, Charles Mabine, Earl community. These individuals are a excited that someone else sees the hard work Jenkins, Anthony Harper, Anwar valuable asset not only to Argonne- that we have done,’’ Ms. Brooks said. Smith, Denise Pickard, Latoria Spann, West, but to all of us who rely on nu- Alisca Shropshire, Tanisha Edwards, [From the Daily News, June 9, 1997] clear power as an inexpensive, renew- Tyeisha Falligan, Donzell White, able, and reliable source of energy.∑ AWARD BRINGS CHEER TO BRONX Thomas Allen, and Ralph Johnson have (By Bob Kappstatter) worked hard for this victory. For in- f Aaaay. Don’t diss the Bronx anymore. stance, the Mighty Bishops practiced THE BRONX RECEIVES RECOGNI- The gritty borough—once called ‘‘the at least 5 days per week for 3 hours TION AS A TOP 10 ALL-AMER- worst slum in America’’ by President Jimmy each day. They used a library of chess ICAN CITY Carter—has kicked its arson-scarred stereo- books and some computer programs to ∑ type. learn strategies for all aspects of the Mr. MOYNIHAN. Mr. President, the It has been named one of the top 10 All- New York City borough once derided as American Cities by the prestigious National game. More importantly, they sharp- ‘‘the worst slum in America’’ has been Civic League, which recognized it for its long ened their problem solving, critical named an All-American City by the battle against crime and drugs. thinking, and decisionmaking skills— National Civic League. This achieve- ‘‘We are no longer one of America’s best skills that will help them not only in ment, announced last weekend by kept secrets, but one of its strongest success competition, but also in life. Bronx Borough President Fernando stories,’’ crowed Borough President Fer- Prior to winning the national cham- nando Ferrer, who handily rattled off a list pionship, the team secured significant Ferrer, is the result of a decade of hard of the borough’s urban renewal accomplish- work and careful planning. Improved ments. victories at other competitions. This economic conditions have spawned a They range from 30,000 new and restored past January, the Mighty Bishops re- renewal of spirit; a cultural and eco- units of housing, to 522 new businesses rep- ceived first place individual and fourth nomic renaissance that gives hope for resenting an $460 million investment. place team trophies at the Greater New the future. The 48-year-old competition, sponsored by York Junior High Chess Championship. In his 1997 State of the Borough Re- the Allstate Foundation, judged 128 original At the U.S. Amateur Team Champion- port, President Ferrer writes, ‘‘Ten entrants based on citizen participation, ap- ship in Parsippany, NJ, Vaux received proaches to problem-solving, diversity and the top record of any middle school. I years ago, the Bronx was best known as education, among other criteria. the borough of window decals and Each winning community receives a $10,000 would also note that the Mighty trash-strewn vacant lots. Abandoned grant. Bishops placed second at the Pennsyl- buildings. Illegal Medicaid mills. With Celeste Ortiz, a member of the Undercliff- vania State Championships. its broken windows and broken dreams, Sedgwick Neighborhood Safety-Services Mr. President, I am proud of these the Borough of the Bronx stood as the Council who participated in the competition, students. These bright young people international symbol of urban failure.’’ said she was ‘‘excited to be living in a part are a credit to themselves, their What a difference a decade can make. of the city that is coming alive again.’’ school, their families, and their com- ‘‘Our morale has changed and now we see The National Civic League Award con- the Bronx as part of the city, part of Amer- munity. I ask my colleagues to join me firms what the residents of the Bronx ica,’’ she said. in congratulating the Mighty Bishops already knew; their community has un- Genevieve Brooks, now Bronx deputy bor- and in extending the Senate’s best dergone an unprecedented trans- ough president, was one of the original driv- wishes for continued success.∑

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5467 TRIBUTE TO JOHN TALLMAN give a voice to the voiceless. Most no- of Guam, the Revised Organic Act of ∑ Mr. DURBIN. Mr. President, I rise table are his efforts as a member of the Virgin Islands, and the Compact of today to pay special tribute to an ex- Truman’s committee to desegregate Free Association Act, and for other ceptional hometown hero, John the military and his vigilant effort to purposes, the estimates from the Con- Tallman, who is retiring as president of get the first African-American cor- gressional Budget Office were not the Bourbonnais, IL, Fire Protection respondent into the White House. available. Those reports have now been District after 48 years of distinguished He was clear that his role was not received and I ask that copies be print- service. only to inform but to educate, by both ed in the RECORD for the information of On June 7, 1997 colleagues, friends, his personal and professional actions. the Senate and the public. and family gathered to celebrate John Sengstacke knew the power of The material follows: the pen was one of the strongest weap- John’s retirement after a lifelong com- U.S. CONGRESS, mitment to the fire department and ons available to African-Americans. He CONGRESSIONAL BUDGET OFFICE, the community of Bourbonnais. He cer- worked tirelessly to get the National Washington, DC, May 21, 1997. tainly deserves such recognition. Newspaper Publisher’s Association es- Hon. FRANK H. MURKOWSKI, Although a farmer by profession, at tablished, and it became an organiza- Chairman, Committee on Energy and Natural Resources, U.S. Senate, Washington, DC. age 28, John began his service with the tion that would help more than 200 Af- volunteer-operated fire protection dis- rican-American-owned newspapers pro- DEAR MR. CHAIRMAN: The Congressional vide a voice for the African-American Budget Office has prepared the enclosed cost trict as an appointed trustee and was estimate for S. 430, the New Mexico State- then elected president. As testimony to community. We have truly lost one of our finest hood and Enabling Act Amendments of 1997. his commitment and integrity, John If you wish further details on this esti- has remained the only president in the freedom fighters, but he left a legacy of tenacity and resilience that will en- mate, we will be pleased to provide them. fire protection district’s 49-year his- The CBO staff contacts are Marjorie A. Mil- tory. dure. ler (for the state and local impact), and Vic- Over the years, John guided the fire We have much to celebrate in re- toria V. Heid (for federal costs). protection district through remarkable membering the life of John Sincerely, periods of growth and modernization. Sengstacke. I thank John for his JUNE E. O’NEIL, friendship, and thank him for blessing Director. Under John Tallman’s tenure, the ∑ Bourbonnais Fire Protection District us with his legacy. Enclosure. distinguished itself as one of the out- f CONGRESSIONAL BUDGET OFFICE COST ESTIMATE standing all-volunteer fire departments WEST VALLEY DEMONSTRATION S. 430—New Mexico Statehood and Enabling Act in the State. Improvements to the fire PROJECT Amendments of 1997 department facilities, equipment, and ∑ Mr. MOYNIHAN. Mr. President, I rise S. 430 would amend the New Mexico State- service instituted under John’s direc- to note that May 28 was a significant hood and Enabling Act of 1910 and would con- tion enabled the department to better day in West Valley, NY, and in the sent to amendments to the constitution of respond to the growing number of field of nuclear waste disposal. In 1982 the state of New Mexico approved by the vot- emergencies and helped save lives and we authorized the West Valley dem- ers on November 5, 1996. These amendments generally concern the administration of the property. onstration project, in which we would In addition to his duties with the fire state’s permanent trust funds. Congressional learn to take liquid nuclear waste and consent to the amendments to the constitu- protection district, John has also been mix it with glass. The process is called a dedicated husband and father, an 18- tion of the state of New Mexico is required vitrification, and yields ten foot high before they can be implemented by the state year member of the Bourbonnais Ele- glass logs that can be stored safely. government. mentary School Board, a farmer, and a After 14 years of preparation, research, CBO estimates the enacting S. 430 would 19-year member of the Kankakee Coun- and testing, vitrification began last have no effect on the federal budget. Because ty Board of School Trustees. July. On May 28th the 100th glass log the bill would not affect direct spending or John is a role model for all Ameri- was produced. receipts, pay-as-you-go procedures would not cans and I commend him for his selfless The success of the vitrification proc- apply. S. 430 contains no intergovernmental service and effective leadership to the or private-sector mandates as defined in the ess developed at West Valley and at the Unfunded Mandates Reform Act of 1995 and citizens of Bourbonnais and of our Savannah River in Georgia led the De- State. A fellow firefighter once de- would impose no costs on state, local, or partment of Energy to select it as the tribal governments. Enactment of this bill scribed John as being one of a kind. preferred method of disposal for such would give New Mexico state officials great- John Tallman leaves behind big shoes wastes. This is an accomplishment that er flexibility in investing and distributing to fill, and his leadership and vision as the many hundreds of people in west- the assets of the state’s permanent funds. fire protection district president will ern New York who worked on the The estimate was prepared by Marjorie A. ∑ be missed. project can be most proud of. Miller (for the state and local impact), and f They have another 110 logs to go at Victoria V. Heid (for federal costs). This esti- West Valley, but it is clear that the mate was approved by Paul N. Van de Water, IN REMEMBRANCE OF JOHN Assistant Director for Budget Analysis. technology works. It can and will be SENGSTACKE replicated at other sites around the U.S. CONGRESS, ∑ Ms. MOSELEY-BRAUN. Mr. Presi- country, helping to solve one of our CONGRESSIONAL BUDGET OFFICE, dent, today I would like to offer my most vexing and serious waste disposal Washington, DC, June 2, 1997. most heartfelt condolences to the fam- problems. Moreover, vitrification can Hon. FRANK H. MURKOWSKI, ily, friends, and colleagues of John be used to store other types of haz- Chairman, Committee on Energy and Natural Sengstacke, Chicago Defender pub- ardous waste without fear of leaking. I Resources, U.S. Senate, Washington, DC. lisher and owner, a Chicago native. congratulate all those at Westinghouse DEAR MR. CHAIRMAN: The Congressional Mr. Sengstacke was a man of vision, and the many agencies involved with Budget Office has prepared the enclosed cost who promoted and created opportuni- the West Valley project for achieving estimate for S. 210, a bill to amend the Or- ties through his words and his actions. this milestone.∑ ganic Act of Guam, the revised Organic Act of the Virgin Islands, and the Compact of He was a person who valued commit- f ment, always urging others to follow Free Association Act, and for other purposes. through. Under his tutelage, the Chi- CBO COST ESTIMATES—S. 430 AND If you wish further details on this esti- cago Defender became one of the most S. 210 mate, we will be pleased to provide them. ∑ The CBO staff contacts are John R. Righter widely read, informative, and impor- Mr. MURKOWSKI. Mr. President, (for federal costs), and Marjorie Miller (for tant, independent newspapers for when the Committee on Energy and the state and local impact). countless Chicagoans. Natural Resources filed its reports on Sincerely, His was a courageous life, and he al- S. 430, the New Mexico Statehood and JUNE E. O’NEILL, ways took a stand against segregation Enabling Act Amendments of 1997 and Director. and discrimination, always fought to S. 210, a bill to amend the Organic Act Enclosure.

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CONGRESSIONAL BUDGET OFFICE COST ESTIMATE fiscal year 1986. (CBO estimates that the pop- These estimates assume that the Virgin Is- S. 210—A bill to amend the Organic Act of ulation will have increased by about 60 per- lands would refund the priority bonds in fis- Guam, the Revised Organic Act of the Vir- cent between fiscal years 1986 and 1998.) cal year 1998 and thus increase the volume of gin Islands, and the Compact of Free Asso- Under these assumptions, extending the pro- outstanding tax-exempt bonds. Thus, if S. 210 ciation Act, and for other purposes gram would cost about $5 million over the were enacted after the enactment of separate Summary: S. 210 would make several 1998–2001 period. legislation authorizing the additional ad- The bill also would establish the Commis- changes to existing laws governing the rela- vance refunding by the Virgin Islands, JCT sion on the Economic Future of the Virgin tionship between the United States and the estimates that federal receipts would de- Islands and the Commission on the Economic insular areas, which include Guam, the Vir- crease by about $21 million over the 1998–2002 Future of American Samoa to recommend gin Islands, the Republic of the Marshall Is- period and by about $37 million over the policies and programs to assist the Virgin Is- lands, and others. In addition, the bill would 1998–2007 period. lands and American Samoa in developing se- Pay-as-you-go considerations: Section 252 establish the Commission on the Economic cure and self-sustaining economies. Both of the Balanced Budget and Emergency Def- Future of the Virgin Islands and the Com- commissions would have six members, and icit Control Act of 1985 sets up pay-as-you-go mission on the Economic Future of Amer- the bill would require that each commission procedures for legislation affecting direct ican Samoa to recommend policies and pro- file its report by June 30, 1999. The bill would spending or receipts through 1998. While H.R. grams to assist the Virgin Islands and Amer- authorize an average of $300,000 a year for 210 could affect direct spending in fiscal year ican Samoa in developing secure and self- fiscal years 1997 through 1999 for the costs of 1998 by reducing the amount of offsetting re- sustaining economies. Subject to appropriation of the necessary each commission. Assuming the bill would ceipts from the sale of federal property, CBO funds, CBO estimates that implementing S. not be enacted until later this year, CBO es- estimates that any such effect would not be 210 would cost the federal government about timates that outlays for the two commis- significant. $6 million over the 1997–2002 period. In addi- sions would total about $1.2 million over fis- Estimated impact on State, local, and trib- tion, the Joint Committee on Taxation (JCT) cal years 1998 and 1999. al governments: S. 210 contains no intergov- S. 210 also would require, subject to avail- estimates that this bill would decrease fed- ernmental mandates as defined in UMRA and ability of appropriated funds, that the De- eral revenues by about $14 million over the would impose no costs on state, local, or partment of the Interior (DOI) take a census 2003–2007 period. Enacting this legislation tribal governments. of Micronesia within five years of the decen- Some of the amendments included in this also could affect direct spending by reducing nial census of the United States population. bill would benefit the affected govern- the amount of offsetting receipts from the A census of Micronesia would thus be re- ments—territories and freely associated sale of federal property. Hence, pay-as-you- quired by fiscal year 2005. The bill would states of the United States. Generally, the go procedures would apply to the bill. CBO limit expenditures on the census to no more impact of these changes would be small. For estimates, however, that any potential loss than $300,000. In addition, the bill would re- example, the bill would give the government of such receipts would not be significant. peal a requirement that the Administration S. 210 contains no private-sector or inter- of Guam greater access to excess federal report annually to the Congress on the im- governmental mandates as defined in the Un- property. It would also give the government pact of the Compact of Free Association on funded Mandates Reform Act of 1995 (UMRA) of the Virgin Islands additional options for the territories and the state of Hawaii. Ac- and would impose no costs on state, local, or issuing bonds and short-term notes. cording to DOI, it has prepared three such Estimated impact on the private sector: tribal governments. Estimated cost to the Federal Govern- reports since 1986. CBO estimates that sav- This bill would impose no new private-sector ment: The estimated budgetary impact of S. ings from repealing this requirement would mandates as defined in UMRA. 210 is shown in the following table. Assuming not be significant. Estimate prepared by: Federal Costs: John appropriation of the amounts specified in the Direct spending and receipts R. Righter; Impact on State, Local, and Tribal Governments: Marjorie Miller. bill for the costs of the proposed commis- By granting the government of Guam the Estimate approved by: Robert A. Sunshine, sions and amounts estimated for other costs, right of first refusal on any federal property Deputy Assistant Director for Budget Anal- CBO estimates that implementing S. 210 declared excess on Guam, S. 210 could reduce ysis.∑ would cost about $6 million over the 1997– the amount of offsetting receipts from the 2002 period. sale of surplus federal property. However, ac- Mr. LOTT addressed the Chair. cording to the General Services Administra- The PRESIDING OFFICER. The ma- By fiscal years, in millions of dollars tion (GSA) and DOI, a sale of federal prop- jority leader. 1997 1998 1999 2000 2001 2002 erty has never occurred on Guam. Also, the Mr. LOTT. I suggest the absence of a bill would require Guam to pay fair market quorum. SPENDING SUBJECT TO APPROPRIATION value for any property transferred for pri- The PRESIDING OFFICER. The ab- Estimated authoriza- vate use. Therefore, CBO estimates that the tion level...... 1 2 2 1 1 (1) sence of a quorum has been suggested. Estimated outlays ...... (1) 2 2 1 1 (1) provision would have no significant impact The clerk will call the roll. on federal receipts. In most or all cases, CBO 1 The legislative clerk proceeded to Less than $500,000. expects the federal government would trans- call the roll. The costs of this legislation fall within fer the property anyway to the government budget function 800 (general government). of Guam under one of its public purpose pro- Mr. LOTT. Mr. President, I ask unan- imous consent that the order for the Basis of estimate grams. Under current law, the Virgin Islands is re- quorum call be rescinded. Spending subject to appropriation quired to secure its bonds with a priority The PRESIDING OFFICER. Without S. 210 would extend the Department of Ag- first lien claim on specified revenue streams, objection, it is so ordered. riculture’s (USDA’s) authority to continue rather than being permitted to secure mul- shipping excess food commodities to the tiple bond issues on a parity basis with a f Marshall Islands through fiscal year 2001. Ac- common pool of revenues. JCT estimates UNANIMOUS-CONSENT REQUEST— cording to the department, $581,000 was ap- that if the priority lien requirement is re- S. 419 propriated in fiscal year 1997 for the pro- pealed, the Virgin Islands would issue more gram. Of that amount, about $525,000 is for tax-exempt bonds beginning in fiscal year Mr. LOTT. Mr. President, I ask unan- food commodities and about $55,000 is for ad- 2003 than under current law. (Fiscal year 2003 imous consent that the Labor Com- ministrative expenses. In addition, the bill is the earliest that the Virgin Islands can re- mittee now be discharged from further would require that the amount of commod- fund outstanding revenue bonds issued on a consideration of S. 419, a bill to prevent ities provided to the Marshall Islands reflect priority basis.) The increase in tax-exempt birth defects by developing and imple- changes in its population that have occurred bonds, which would lower federal revenues, menting new prevention and surveil- since the enactment of the Compact of Free would occur because the Virgin Islands could lance strategies and the Senate now Association in fiscal year 1986. The amount secure a greater volume of bonds with the provided to the program has varied since it same amount of revenues if a parity ap- proceed to its immediate consideration began in fiscal year 1987. According to proach were permitted. JCT estimates that under the following limitation: One USDA, the program received about $1.6 mil- repealing the priority lien requirement for substitute amendment in order to be lion in 1987. Between 1988 and 1992, the pro- revenue bonds would decrease federal reve- offered by Senator BOND, no other gram received, on average, about $465,000 a nues by $14 million over the 2003–2007 period. amendments be in order to the bill, and year. Since fiscal year 1993, $581,000 has been If the Virgin Islands were also to receive there be 30 minutes equally divided for appropriated each year for the program. S. the authority under separate legislation to debate with Senator BOND in control of 210 only specifies a base year from which to refund the outstanding revenue bonds prior 15 minutes, and the ranking member in calculate changes in the islands’ population to their redemption date in fiscal year 2003, but not a base level of funding. The estimate JCT estimates that this provision would de- control of 15 minutes, and further, fol- adjusts the level of funding received in fiscal crease revenues by an additional $21 million lowing the disposition of the amend- year 1988—$501,000—for changes in the price over the 1998–2002 period and by an addi- ment, and the expiration or yielding level and for changes in the population since tional $2 million over the 2003–2007 period. back of time, the bill be read a third

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5469 time and the Senate proceed to a vote and I have found if we go to the Sen- fore the Memorial Day recess, rather on passage of the bill as amended with ators that say, ‘‘No deal ever,’’ and ask than trying to negotiate this thing no intervening action or debate. them, ‘‘OK, what’s the solution?’’ I down or to solve all the language right The PRESIDING OFFICER. Is there think quite often they say, ‘‘Well, we now, we should go ahead and do a objection? can do it this way or that way.’’ smaller bill that will provide the real Mr. DASCHLE. Reserving the right What I have suggested to Senator emergency disaster and the urgent sal- to object, Mr. President, I am a cospon- DASCHLE and to the White House and to ary for DOD. That will still leave a lot sor of that particular legislation and I the House of Representatives and to of money and a lot of language that we appreciate having the chance to debate the leadership in the Senate, including will continue to work on. it on the Senate floor. I think there is the chairman of the Appropriations I guess what I am saying here is that probably broad bipartisan support for Committee, is we can work together I would like to get this worked out. I it. But I have indicated to the majority and see if we can come up with lan- would like for us to move on to the rec- leader on a number of occasions now guage that we can agree on with regard onciliation bill. I would like for us to our strong desire to delay the consider- to this very important issue and with move on to appropriations bills. I had ation of any other legislation until we regard to preventing a Government hoped we could do two or three appro- have the opportunity to consider again shutdown at the end of the fiscal year priations bills before the Fourth of the disaster bill. and find a way to move the bill with July recess, and I still hope we can put There are people out there that have some of the other language that is in them in there tomorrow. I would like birth defects. There are people out there. Some of it may have to be re- for us to take up some of the nomina- there that do not have homes. There moved; some of it may be com- tions that are pending. I would like for are people out there that do not have promised. us to take up adoption legislation, leg- their farms, their businesses. There are But, you know, compromise is not islation that passed the House with 465 people out there that do not have the something where you work it out with votes, to make it easier to have adop- opportunity to conduct their lives in a yourself, on one side of the aisle or one tions in America. I did not bring it up last week because I found that we have normal way that are waiting day by side of the Capital. Now we have to a number of Senators on both sides of day for us to respond in a meaningful work among ourselves, Republicans the aisle that have been working on way to their circumstances. and Democrats, House and Senate and that and have some good ideas, includ- People in 35 States now have been af- the administration. It involves engage- ing Senator ROCKEFELLER, Senator fected by the disastrous circumstances ment. DEWINE, Senator CRAIG, and Senator that are addressed in this piece of leg- And I have asked several times along CHAFEE. They are working on it, and I islation. We ought not do anything the last couple weeks, including last think we may have a compromise adop- until we have had the opportunity once Friday and again yesterday, and in- tion bill we could call up later on this more to consider that legislation. So cluding direct conversations with the week. on behalf of the Democratic caucus, President—‘‘You know, can’t we find a All I am saying here is let us go on Mr. President, I object to the unani- way to come up with some language and do some of these bills that we mous-consent request. that you can live with and that we can should be able to do in a relatively The PRESIDING OFFICER. Objec- live with and move this issue beyond us short period of time, including the tion is heard. The unanimous consent and go on to other issues?’’ birth defects research program, while request of the majority leader is not I want to note also for one and all we continue to see if we can work agreed to. that this bill was originally requested things out. I am ready. I am ready. Mr. LOTT. I regret that the Demo- to be $4.1 billion. It is now at least $8.6 Help me. I think we can find a way to crats will not allow the Senate to con- billion. And it is not just funds for dis- get this thing done. sider this bipartisan legislation. I know asters around the country, it is also But it does not work this way. It does there are a number of Democrats that funds for the Department of Defense not work that the President says, are cosponsors of it. I presume we are and a lot of other programs that were ‘‘Send me down a full plate of money, going to find a way to consider this. not originally requested. $8.6 billion —and, by the way, we do This legislation would establish a na- I will just give you some idea what not want any of your language on it.’’ tional birth defects prevention re- we are talking about. I hope I have the I have gone back and I have looked at search system. I point out that our bill list here. It does include things like— supplementals over the years, and is cosponsored not only by the Demo- and these are all good and fine pro- there has hardly ever been a supple- cratic leader, but Senator DORGAN, grams, I guess—but $33 million I think mental that did not have all kinds of Senator HOLLINGS, Senator CAROL it is for the Botanical Gardens, not ex- extraneous language, all kinds of add- MOSELEY-BRAUN, just to name a few, actly emergency disaster funding; $23 ons. If necessary, as the afternoon pro- and a number of Senators on this side million for a parking garage in Cleve- gresses, I will read the list. Many of of the aisle. land, OH. I do not have the list here the supplementals that went to Presi- As I know the cosponsors are aware, with me, but there is a long list of dent Reagan, President Carter, and an estimated 150,000 infants are born things that have been added along the President Bush had not one or two lit- each year with serious birth defects, way. tle pieces of language, lots of pieces. I resulting in 1 out of every 5 infant Barnacles have been picked up on will give you some idea of how on every deaths. The bill is designed to establish this ship. So one of the things I have supplemental, I believe without many regional birth defects research pro- suggested is, while we continue to exceptions, the Congress has expressed grams, establishes the Centers for Dis- work to try to resolve the amount and its will. We have input. We deserve ease Control as the coordinating agen- the language—in fact yesterday I was some consideration. These are not in- cy for birth defects surveillance and asked by one of the administration of- significant issues. prevention, and authorizes grants to ficials—I do not want to put words in I am not convinced, for instance, on public and nonprofit organizations to their mouth—‘‘What is this objection census, that at some point, once we develop new public awareness to reduce that Attorney General Reno has to fully understand how the sampling the incidence of birth defects. some money in the bill?’’ I said to this might work, that we would not want to With regard to the supplemental bill, person, ‘‘Are you talking about the $2 do that. I think I have real legitimate I presume that we are going to con- million for a law enforcement commis- questions that I do not know the an- tinue to work to try to find a resolu- sion?’’ Would the President want to swers to yet. Rather than let the ad- tion to this problem. I think I have start talking about vetoing a bill be- ministration start on down the trail, proven over the past year that I always cause of $2 million for a law enforce- and we will do this by sampling, I want believe you can find a way to work ment commission? I do not think so, to know for sure how that is going to through disagreements. Quite often but I would like to hear what their ar- be better than enumeration. I want to here in the Senate, when we seem to be gument is against it. know who is going to do it, and how it in an immovable position, when every- One of the things I have suggested, will be done. I do not know the an- one is intractable, Senator DASCHLE with all honesty, and I did it back be- swers.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5470 CONGRESSIONAL RECORD — SENATE June 10, 1997 All I am saying is, take a time out on Mr. President, there is no way to Washington Convention Center. The this issue, on census, until we have compromise with something like that. supplemental appropriations also had more time to work on it, and then we Now, like the majority leader, I have about nine add-ons, including renewing can resolve it this fall or even next tried to find ways, and I give him cred- section 8 housing contracts. year, but we should not get locked in it for trying to come up with innova- Remember, supplementals are always now before we have had a chance to tive ways with which to address this alleged to be—while they may not all really look into it. problem, but I must say we are in a set be natural disasters—they are always So, I yield to my colleague, Senator of circumstances for which there can alleged to be somewhat emergency, or DASCHLE, and ask my colleague to an- be no compromise when it comes to otherwise they would not be coming to swer this question: If the Senate can- holding hostage victims of natural dis- the floor of the Congress saying, ‘‘Give not consider this bill today, would he asters, holding hostage people serving us some more money.’’ Most adminis- be in a position, if we cannot do it their country in Bosnia. trations and Congress always under- today, to grant consent for the Sen- We cannot allow that to happen. So, fund food stamp programs, knowing ate’s consideration during Wednesday’s let’s take the suggestion made in good full well we will come back next year session of the birth defects research faith by the Senator from Minnesota. and add more money to it. program bill? Let’s take those pieces out, let’s have a Again, some of this is pretty signifi- Mr. DASCHLE. Mr. President, reserv- good debate on them, and maybe, in cant legislation and pretty costly, also. ing the right to object, let me take the the process, we can find a compromise. The same thing again in 1991 and opportunity to respond to a number of But until that happens, Mr. Presi- 1994. There is always language that is points raised by the distinguished ma- dent, as I said a minute ago, we are added. There is always funding that is jority leader. going to object to any other piece of added to these bills beyond what was The PRESIDING OFFICER. The mi- legislation coming to the floor. And I originally requested. So, to infer that nority leader is recognized. object. this is really something new or dif- Mr. DASCHLE. The majority leader ferent is not the case. says that all disaster bills, all supple- f Now, what I maintain is different mental bills have had extraneous legis- THE SUPPLEMENTAL here, if I could make this point. lation. I suppose that is probably true. APPROPRIATIONS BILL Mr. DORGAN. Will the Senator But I have also gone back and looked Mr. LOTT. Mr. President, I ask unan- yield? at all these disaster bills and extra- imous consent to have printed in the Mr. LOTT. I will be glad to respond if neous legislation added to supple- I could make this point. RECORD at this point the list of some of mental bills, and there is one dif- When I have suggested, and others the extraneous items that have been ference between all of those in the past have suggested, let’s work together to added to this bill. and this one: All of those in the past work this out, I give credit to the There being no objection, the mate- have the agreement of the President; Democratic leader. He has always been rial was ordered to be printed in the all of those in the past have been nego- willing to listen, and I think that some RECORD, as follows: tiated with the White House. of the things we have suggested he has So, of course, you had supplemental [In millions of dollars] been willing to think about and discuss legislation. Of course, you had extra- Highway trust fund ...... $694 with his colleagues. And he, like I, we neous legislation. But each and every Title 1 grants (poor and disadvan- cannot always say it will be this way taged schools) ...... 101 time when that happened, the White or that way. We have a conference we House said, ‘‘Send it down. I will sign VA compensation (mandatory) ...... 932 WIC ...... 58 deal with and you have an administra- it.’’ In this case, the President has Botanical Gardens ...... 33 tion that you have to deal with. I have said, ‘‘Look, these issues are so con- Law Enforcement Commission ...... 2 asked the President and his chief of troversial and so far reaching and so Breast cancer research ...... 15 staff, ‘‘Please respond. Come back. problematic that I cannot agree.’’ And Retired Coast Guard pay ...... 9 Let’s see if we cannot work this out.’’ the difference between this experience Olympics counterterrorism fund ...... 3 Basically, what they are saying is, and all the others is the majority said, Indian health ...... 3 California vineyards ...... 9 ‘‘Give us the money and no language. ‘‘We will do it anyway.’’ We want it our way and no other way.’’ Now, I give great credit to the Sen- Customs Service expenses ...... 16 VA parking garage, Cleveland, OH .... 12 It does not work that way. ator from Minnesota, the junior Sen- Mr. LOTT. I note the figure I used on However, in the realization and in ator from Minnesota, who sent all of us recognition of the need for some of this a letter in the last couple of days. The the parking garage in Cleveland, OH, was not the accurate number. It is ac- to be done, I am advocating while we Senator from Minnesota had a very continue to work on that, that we do a practical, pragmatic way with which to tually $12 million. It also has other in- teresting things in here, including $3 smaller bill that would address some of address this problem. What he sug- the concerns that the Senator from gested is that we simply take those million for the Olympics counterter- rorism fund, $3 million for Indian South Dakota has. controversial pieces out, have a good I yield to the Senator from North Da- health care, $9 million for California debate, have a discussion, see if we can kota, if I could. find a compromise. Let’s do it. Let’s vineyards. Mr. DORGAN. I very much appre- agree right now without any filibus- These may all be good programs and ciate that. ters, without any delay. We can com- all deserving, but I wonder how they Mr. LOTT. Only for a question. mit to a time certain for legislation found their way into this supplemental The PRESIDING OFFICER. The ma- dealing with census, for legislation appropriations bill. jority leader yields for a question. dealing with a continuing resolution, Also, I was here during the 1980’s and Mr. DORGAN. I appreciate the Sen- for anything else that may be extra- early 1990’s. I remember how supple- ator from Mississippi yielding for a neous and onerous to the White House. mentals worked. Unfortunately, I used question. We can agree to that. to plead with President Reagan not to I ask the Senator if it is not unusual Now, I have suggested that to some send supplemental requests up here be- when very controversial amendments of my Republican colleagues and the cause I knew it would become a freight are added to disaster bills. I have been answer I get is, ‘‘Well, the President is train pulling all kinds of things around here for some while, as well, going to veto those bills if they go in through. I remember Presidents of both and it is clear there have been on the their current form and we don’t want parties objecting to things that Con- other side of the aisle disaster bills, that.’’ So, in a sense, what they are gress added to the supplemental appro- but not in my memory have very con- saying is, we will hold hostage our priations bills. The one we had June 30, troversial measures been added to dis- troops in Bosnia, all of the people det- 1989, I see one, two, three, four, five, aster bills that attract a Presidential rimentally affected by the natural dis- six, seven, eight, nine add-ons. Some veto and thereby delay or derail the asters, and every single other item in are not exactly insignificant, either, bill. this legislation because we want our like East European refugee assistance, It seems there are two ways out of way. That is what we are being told. foreign aid to Haiti, funds for the this. I ask the Senator from Mississippi

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5471 about both of them. One approach to the disaster portion of the bill, and for of questions that I think are necessary resolve this issue is an approach that I that we are very thankful. The trick to clarify where we stand. I apologize offered this morning on the floor by now, the goal now, is to get that aid to for not being on the floor when he unanimous consent, and the Senator people who woke up this morning and began. from Minnesota has also, I believe, sug- who are homeless, not just dozens but I have the responsibility for the sub- gested something similar, and that thousands of them, and the Senator committee that appropriates money for would be to simply take the two big suggests an approach I would support, FEMA. I wonder—as has been made controversial items out of this, pass and that is to take those portions of clear on the floor, the emergency the bill, get a Presidential signature the bill that represent the aid that is money is now flowing. There is money and get disaster aid to the victims of necessary to go to disasters to help get —$2 billion in FEMA—that is going for disasters. their life back in order and pass that. the immediate needs right now. So The second approach is an approach I ask the Senator—— there is money which can be paid out that the Senator from Mississippi Mr. LOTT. If I could—— right now prior to the issuance of the seemed to suggest a few moments ago, Mr. DORGAN. I just ask if we could completion of plans and assessments and I would like to ask a question assume, with your willingness to do being available. about that. As the Senator from Mis- that rather quickly, what kind of im- Is that clear? Has that been made clear? sissippi will recall, about 21⁄2 weeks pediments does the Senator see to hav- Mr. LOTT. That has not been made ago, just prior to the Congress break- ing that get to the President for his clear, if I could respond to the question ing for the Memorial Day recess, there signature in the next 24 hours or so? Mr. LOTT. I think that could be done in this discussion. But I think repeat- was some discussion that if the larger edly it has been noted that there is quickly. It would take—I don’t think it bill cannot go, at least extract the money in the pipeline. The distin- could get done right here and how. I’d body of real disaster aid and allow that guished Senator from Missouri is the like to talk further with your leader. to happen quickly. Now, that could chairman of the subcommittee that has One of the problems with the appro- happen this afternoon if others around jurisdiction in that area. He knows here believe—— priations is they generally begin on the what is available and what should be Mr. LOTT. If the Senator would other side. But in furtherance of what available to FEMA for housing-type yield, I have been an advocate of doing you are saying, I have discussed this programs. Clearly those funds are flow- that for probably about 3 weeks, and I this morning with the chairman of the ing. We do need to prospectively for the would entertain doing it. I tell you why Appropriations Committee here in the future have additional funds. But the I said it to Senator DASCHLE earlier Senate and with the Speaker of the money is there. today, so that we can do something House. I presume he is consulting with I have spoken to the head of FEMA, quickly. Even if we came to an agree- his chairman and others. So I think James Lee Witt, to ask him that spe- ment here in the next 24 hours on how this is the process by which we might cific question. I have asked him, ‘‘Do we would do this, it would still have to move pretty quickly. you need to do something more; some- go through the committees and both I think there are opponents to this. thing different? You do have the floors, with amendments in order. It There are urgent things sort of now money, don’t you? You do have tem- would take time. with regard to some of the disaster pro- porary housing available, don’t you? If This approach that you are sug- grams—perhaps some of the housing you do not, we would like to help make gesting, and I am suggesting, could programs, perhaps some of the agri- sure that you have that temporary take 24 hours if we put our heads to it, culture. There is a need to get this housing money available and the tem- and we could go on and continue to done as soon as possible because of porary housing available.’’ work and think about the additional weather considerations and so forth. So I think the Senator makes a very money. And the language, keep it in There is a second and third compo- good point. mind now, I do not know how much nent. There are some other parts of it, Mr. CONRAD. Mr. President, will the they are worried about some of these some money that will need to be avail- Senator yield? other issues, but I have the impression able and that will be available for Mr. BOND. If I could ask another from the administration that they months and even years down the line. question—— have a couple of other issues that they So there are really two parts of it. Mr. LOTT. If I could take another are very, very interested in. So it is The part that is somewhat in the emer- question, then I will go back to the not just two. gency category is different from what Senator from North Dakota. Mr. BOND. It has been made clear to But I am interested in, and I would we usually have because you are talk- our colleagues and to the people view- like to work that out, and, again, we ing about some new programs and some ing this that before major disaster re- would have to do it over here, and we new ideas—which I think have some lief can start flowing, there has to be would have to get it done on the other attractiveness, by the way. I have said damage assessments. I guess it is the side of the Capitol and the President that publicly and to the people from understanding of the majority leader would have to be willing to sign it. your States; I think it is the way to go. that they are at least 2 weeks away I think that approach makes sense— I think it would save money if we can from getting the damage assessments. that is all I am saying. Common sense find a way to move people out of what The State has to have a plan submitted around here usually works pretty darn you call the flood way—what we call and approved by the Federal Emer- good. the floodplain in my neck of the gency Management Agency. Dollars Mr. DORGAN. If the Senator will woods—into areas where they will not then go to the State from FEMA and yield further for an additional ques- be flooded year after year. That would from the Department of Housing and tion, we had someone on the other side wind up in the long run saving money. Urban Development. Is it the clear un- of the Capitol suggest prior to the So there is that part. derstanding that this is a long process weekend break, if this does not get re- Then there is the funding for the which is not being held up during this solved the way we—that being them— longer term which could be available day or tomorrow, but the money is want it, we may very well cut the maybe for your State and may be needed, and we will provide it? But the amount of disaster aid that is available available for other States as we look at time required to get the plans in place to victims of disaster. Over the week- these various disasters. still has not been completed. end in North Dakota, we had a lot of I will yield to the Senator from Mis- Is that the understanding? folks reacting to that with some real souri. But let me wrap this up. I am Mr. LOTT. In answer to the Senator’s quaking, wondering, what does this ready. I am willing. And I want to question, that is my understanding. I mean? I hope that cooler heads will work with you to see if we can’t do it have been through these disaster situa- prevail and some common sense will that way. tions. I know there is a painful period prevail. The PRESIDING OFFICER. The Sen- during which you must have assess- I assume there has not been that dis- ator from Missouri. ments and you must have plans. It is cussion here in the Senate. We had bi- Mr. BOND. Mr. President, I would the most difficult time of all. It is ac- partisan cooperation putting together like to ask the majority leader a series tually worse a month after a disaster

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5472 CONGRESSIONAL RECORD — SENATE June 10, 1997 than it is the day after, in some re- there is money in the pipeline are in the FEMA pipeline, is the Senator spects. Or certainly after 6 months you being disingenuous, at best. There is no aware that there are other pipelines begin to see the light at the end of the money for housing, for livestock, sew- that deliver assistance that in fact tunnel. erage systems, water supply, housing don’t have money in them? That is, We checked this morning from the buyouts. There is no money in the housing doesn’t have money in their staff standpoint with regard to FEMA pipeline for those things. They can’t pipeline, agriculture doesn’t have funds available. I understand there is really rebuild without the funds that money in their pipeline. So the ref- $1.5 billion available as of this morn- are tied up in the disaster relief bill.’’ erence to FEMA is very limited with ing. I would like to ask further, is the respect to those parts of disaster relief So there are funds available, and majority leader aware of what the Re- that they address. they are, I believe, probably flowing to publican Governor of South Dakota Mr. LOTT. In responding to the ques- the various States that have been af- said on this question? Janklow said, tion, there are perhaps some programs fected. ‘‘The delay in the legislation is block- or agencies that may not have specific Mr. CONRAD. Will the Senator yield? ing reconstruction of sewerage facili- disaster funds. I know that the Senator Mr. BOND. I have one final question ties, highways, and a state-owned rail from South Dakota has advocated to the majority leader. I very much ap- line in South Dakota.’’ something new or different with regard preciate his efforts to bring up the He went on to say, ‘‘I am not going to to livestock, if that is an accurate way Birth Defects Prevention Act, which award contracts on the come. I’m not a to put it. would deal with a very serious problem fool.’’ I know that agriculture has a good of 150,000 babies being born each year Janklow said, ‘‘What happens if we bit of money that they could use in a with birth defects in this country. We award a contract and we don’t have the variety of ways that would be helpful. would like to go to it. money for it?’’ But, as I understand it, this would be a It is my understanding that, even if Finally, I ask if the majority leader new program which I am sympathetic there were no other measure on the is aware that the mayor of Grand to. But before any of this is done, I re- floor, the supplemental appropriations Forks has now written letters to the peat once again, there has to be a plan. bill would have to come over from the Senate and said the same thing and I just say to my colleagues here House. There is no reason to filibuster asked that the emergency provisions be again that as soon as we complete this or delay the Birth Defects Prevention stripped out—that is, the disaster pro- dialog and then we hear from others Act, because taking care of this bill visions—and be passed so that in fact who are awaiting to speak from both this afternoon will in no way delay the the aid can flow. sides of the aisle, including the Senator disaster. It will deal with the disaster Is the Senator aware of those devel- from Minnesota, who wishes to be of birth defects which we can deal with opments over the weekend: the Repub- heard, I will be glad to talk further today without slowing down any sup- lican Congressman from Minnesota with the Senators from North Dakota, plemental emergency appropriations. saying the money is not flowing in Minnesota, and South Dakota, or any Is that correct? those specific areas; the Republican other States. We can talk about how Mr. LOTT. In answer to the Senator’s Governor of South Dakota saying the we can do this thing expeditiously question, it is absolutely right. same thing; and, finally, the mayor of while we continue to work on the big- I thank the Senator from Missouri Grand Forks asking that we move the ger package. for his work on this legislation. He has disaster provisions as expeditiously as Also, I would like to note, if I could, worked for a good long while and with possible because they are not getting that we hope to move other issues in the help of a lot of other Senators. the aid they desperately need? the days ahead. He is absolutely right, also, that we Mr. LOTT. As a matter of fact, if I I mentioned that I believe we hope to have tried this afternoon, during which could respond to the question and com- consider the State Department author- time we can do this birth defects legis- ments, the Senator is suggesting right ization bill next week, as well as the lation while we see if we can work out there at the end that we try to move DOD authorization bill. We need to get some agreement or some emergency the emergency disaster portion of this this resolved as soon as we can so we disaster bill. It would have to pass the as expeditiously as possible. I sug- can get on to those important issues. House. Also, in connection with the gested a way we can do that. Senator’s stand, we want to talk about I want to remind the Senator also I understand that my Democratic the supplemental. that this additional funding and au- colleagues have also objected to the I am prepared to work with the Sen- thorization, I believe, would be avail- permission of committees to meet dur- ator from South Dakota to make sure able—would have been available yes- ing today’s session. One of those com- we have adequate time later on this terday—if the President had signed the mittees, which is very important, is afternoon and tonight to have a full bill, a bill that 67 Senators voted for. It the Armed Services Committee. The discussion. would have been available yesterday Armed Services Committee is marking I thought last week having pro- just like that. But the President of the up the Department of Defense author- tracted discussion would have been United States vetoed it because of lan- ization bill for the next fiscal year. counterproductive to trying to get an guage that he is not happy with, and, I This year, unlike a lot of past years, agreement, to get it completed. If the repeat, a bill that got 67 Senators to I had the impression that the DOD au- Senators feel strongly that they want vote for it, including, I think, a major- thorization bill and the Armed Services time to do that tonight, my advice is ity or very close to a majority of Committee marking up is going to accommodate you in that effort. Of Democrats. I know why. And I know smoothly and that it is not going to be course, we will want Senators from our that there are some areas where the as controversial as it has been in the side of the aisle to have equal time or youth program is being suggested, and past; that we may have one or two big opportunity to speak also. I hope we can find a way to move that amendments, but that this is some- I thank the Senator for his questions. expeditiously, as has been suggested. thing we can do in a relatively short I know he is prepared and ready to go Mr. CONRAD. Will the Senator yield period of time—perhaps 3 days. to the birth defects legislation. for a further question? The Armed Services Committee had Mr. President, I am glad to yield to Mr. LOTT. I understand we can’t use three subcommittee meetings planned the Senator from North Dakota for a these dollars until the plans are avail- today in an effort to prepare or report question only. able to use them. Anyway, we are still the Department of Defense authoriza- Mr. CONRAD. I thank the majority waiting on plans from FEMA or from tion bill. leader. the States. I really regret that objection. Need- Mr. President, is the majority leader Mr. CONRAD. Will the Senator yield? less to say, this objection to committee aware that over the weekend on this Mr. LOTT. Yes; I am glad to yield for meetings will only delay and hamper question of the money in the pipeline a question only. their ability to report this bill. that the Republican Congressman from Mr. CONRAD. If I could ask the Sen- Then, of course, during the week of Minnesota said this: ‘‘Those who argue ator, with this question of the money the 23d, the Senate will consider both

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5473 reconciliation bills, both the spending this time. We are this time. We are But right now everybody is trying to restraint and realignment-of-spending going to provide the disaster assistance find a way to prevail or to claim vic- bill. And the tax legislation will be re- the people in the affected States need. tory or to get the PR victory, and I am ported out of the Finance Committee. We are going to do it. not—I did not say you. I said we. And So we are going to have long days Mr. CONRAD. Will the Senator yield? when we decide, once we make up our and nights ahead of us. I want the Can we do it today? minds we are going to get this done, Members to be on notice that we must Mr. LOTT. The question is, how do short term or long term, we are going get this work done before our Fourth of we do it. to find a way to do it. But the fact is, July recess. Therefore, in anticipation Mr. CONRAD. Can we do it today? as has always been the case—and it of that, Senators should be prepared to Mr. LOTT. I hope so. I would like to will be this time—the people who have be here at least next week throughout do that. But we can do it one or two been hurt and hit with these disasters all of the week and probably the next ways. We can do sort of the new por- in a variety of States are going to get week, too. The objection to the birth tion, the emergency portion, or we can the help they need. defects bill, as well as the provisions work out an agreement on the bigger Mr. WELLSTONE. Will the Senator for committees to meet, will only package. And I am ready to do either yield for one final question? make these last few weeks even longer. one of those. I think we can do it once Mr. LOTT. I will be glad to yield for I understand what you are trying to we make up our minds to do it. a question from the Senator from Min- accomplish here. I hope that we can Mr. WELLSTONE. Will the Senator nesota. find a way to allow the committees to yield? Mr. WELLSTONE. I thank the major- meet, and I hope to do that later on Mr. SARBANES. Will the Senator ity leader. Let me see if I understand this afternoon. yield for one further question? what the majority leader said, and I Then I would like also to talk to the Mr. LOTT. I will yield. think I do. I expect it to be a friendly Senator from South Dakota the Demo- Mr. SARBANES. I recall the Sen- question. cratic leader about exactly what we ator’s own State was struck with a dis- Mr. LOTT. I would not expect it to be any other way from the Senator from need to do in terms of debate tonight aster. Minnesota. and how long you are thinking about. Mr. LOTT. We have had them all. We have had them all. Mr. WELLSTONE. The majority Also, I need to talk to all of you about leader keeps saying he is determined to how we can move something very Mr. SARBANES. We had a major hur- ricane, and I remember voting to send get this assistance to the people and he quickly and expeditiously. is determined to try and get this done Mr. SARBANES. Will the majority disaster relief to the Senator’s State in order to meet that situation. I don’t re- this week. Have I heard that correctly? leader yield for a question? Mr. LOTT. I would like very much to call it being caught up in these kinds Mr. LOTT. Mr. President, I yield to be able to do that. It is going to take of delays. Senator SARBANES for the purpose of a more than just me though. But that is Mr. LOTT. Well, understand once question only. my desire. Mr. SARBANES. Will the Senator again—— Mr. WELLSTONE. I understand. But agree with me that all Members of the Mr. SARBANES. In personal disaster the reason I ask the majority leader Senate have an interest in making sure relief. this, since he is the majority leader, is that this disaster relief is provided to Mr. LOTT. There seems to be an that—and I put this in the form of a the people who have been hit by this abundance of selective memory around question. Is the majority leader extraordinary national disaster, and here. I remember—in fact, I have been aware—and I believe you are because I that there is a constant reference to through how that disaster legislation think that, agree or disagree on issues, the Senators from North Dakota, has worked. In fact, I was a staff mem- you are very adept at sort of under- South Dakota, and Minnesota? Of ber one time on the biggest one of all standing the mood of people in Mis- course, they have been most imme- where we did not have FEMA. We did sissippi or for that matter in the coun- diately impacted, but it seems to me not have existing law. In fact, if you go try—is the majority leader aware that that every Member of the Senate has back and look at the history of what the people in our States are just get- an interest in responding to this. has led to FEMA, it was in legislation ting sick and tired of it all and they do Mr. LOTT. In response to that ques- we drafted in 1969. The disaster oc- not understand all the debate about tion, why, of course. We all have that curred August 18, as I recall it was, census and all the debate about con- interest. As a matter of fact, 35 States something like that, and we had to rely tinuing resolution and all the rest; have had some amount of disasters— on the Corps of Engineers and people, they do not mind our having separate whether it is flooding, freezes, or what- volunteers to come in and help us. It debate on that and they understand ever it may be—including my own was weeks, weeks before we got the there are disagreements. They do not State, in which I think for three or legislation and, in fact, got many of understand why we just cannot get a four counties a request was made by the programs to help us. In fact, we did clean disaster relief bill to them. our Governor to have disaster assist- not have a lot of the programs that are Can the majority leader commit to ance available, which I might note has now on the books. us that that is what we will do this been turned down by FEMA even I am not saying that that is good. I week, get a clean disaster relief bill though the State right across the river, think we have learned from that expe- that will provide the assistance to peo- which was also flooded, was approved. rience. ple that need it and we will get it done But in answer to the Senator’s ques- Mr. SARBANES. I hope so. this week? Can the majority leader tion, the Senate, the Congress, has al- Mr. LOTT. I am glad we have been make that commitment? ways shown a desire to, as a matter through that, and now we are going to Mr. LOTT. I say again I would like fact, address natural disasters; and also provide, as we always have, the assist- that to happen. I am hopeful, and I be- a desire to avoid manmade disasters ance that is needed to the people in lieve we can get a clean bill through like the fiascoes we have had 11 times America who cannot help themselves. this week but it will not be $8.6 billion. since 1981 of Government shutdowns There is one thing that worries me It would be only—the only chance we that also cause people pain and suf- about part of this bill. There is a lot of have to do that, what you are sug- fering and loss of their jobs and in- spending in here that does not relate to gesting at this point, would be the come. So, yes, I feel that sympathy. I these disasters. It has just sort of been truly emergency portions of the bill. have been through it. I have been added as it’s gone along, and I am not Now, we may also get an agreement through hurricanes, tornadoes, freezes, putting that just on Democrats either. on the bigger package and language droughts—— A lot of these projects, if I go down the that would be attached to it, but based Mr. SARBANES. That is the other list, I can trace them back to some of on what I have experienced during the question. my colleagues. But we are going to get last 4 days, I think that is going to Mr. LOTT. Ice on the trees, endless this done. We can do the emergency take a little longer. amounts, and we have always been stuff, and we can do the bigger pack- Keep in mind now, I have not been up sympathetic to each other, and we are age. in Minneapolis, MN, or the delta of

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5474 CONGRESSIONAL RECORD — SENATE June 10, 1997 Mississippi and not thinking about Mr. WELLSTONE. Does the majority say here that it is going to be—I do not this. I have been on the phone. I have leader understand that in our know, for instance, what the exact been probing. I have suggested a vari- States—— amount is, what the total amount is ety of ways to solve these problems. I Mr. LOTT. I have two answers. that would be alleged to, or would be did it on Friday. I did it on Monday. I Mr. WELLSTONE. People do not care needed for the disaster assistance, so did it last night. I am trying to find a a lot about what the majority leader is how can I say what the number would way to solve this problem, and I am talking about; they have got a whole finally be? But I am prepared to say open to suggestions with regard to the lot of pain they are dealing with. We this, that there is a difference between census language, for instance. I confess want to get help to them. Can we get the total amount that is requested over this openly here because I am not the commitment to get help to them? a period of months and years for dis- ashamed of it at all. I went to the Mr. LOTT. As a matter of fact, I have aster and those parts of it that are ur- Democratic leader, and I said I think two answers. I have suggested to you gent, that need to be addressed now, you see what our concerns are. Is there today, to the leader on your side of the and that is the part I am really focused some language that you all could live aisle and the Senators from North Da- on. But I am not prepared to say it with? kota, there is a way we can get the would be even limited just to that. I This is not insignificant. When you emergency funding and do it quickly if think we need to look at what is really talk about changing the way the cen- we make up our minds and are deter- needed right now and in the short term sus is done, this is not without major mined to do that while we continue to or in the foreseeable future and go with implications. We do have language in work on the solutions here. that number. I think we have to talk— the Constitution with regard to the But the other point with regard to are you on the appropriations com- census. I talked to the Secretary of the census, the reason why I make the mittee? Commerce this very morning. I am not explanation is to show once again an Mr. DORGAN. Yes. I was part of the sitting over in a corner just trying to abundance—we can solve this. We can conference. outlast you guys. I have talked to solve this problem, but there is a rea- Mr. LOTT. You would certainly be FEMA, the head of FEMA. I have son why we have to do it now. The die involved in that process. talked to the Secretary of Commerce. I is being cast; the Census Bureau and Mr. DORGAN. But the Senator sup- have talked to the Chief of Staff of the the Department of Commerce have in- ported, when the bill passed the Senate President of the United States. I have dicated we are going to do this. And if the Senator supported the conference talked to the President of the United we wait until October to deal with this report that had this package of dis- States, the Democratic leadership, the issue, we are going to be in a position aster assistance in it. I just do not Speaker of the House. of having to reverse something that is want someone to misinterpret—maybe This morning I was talking to the already set in place. They are getting I am putting words in your mouth, but Secretary of Commerce. I said one of ready to do it. So we do not have the I do not want someone to misinterpret the things—or he suggested one of the luxury of saying, well, we will pick up when you say, well, there may not be things we might do would be to set up on this in July or September or Octo- $8.6 billion. My assumption is that you a process where there could be a quick ber. It would be a fait accompli by support and others in the Senate sup- judicial determination of this constitu- then. port the quantity of disaster aid that tional question. So that is a consideration. But we was decided upon by the conference That is important. And census is im- will continue to work on that, and we committee. Is that not correct? portant for more than just how you will find—I think we can find a way to Mr. LOTT. I also supported, I believe count. It is also important from the do this this afternoon. it was about $1 billion right before the Does the Senator from North Dakota standpoint of how many representa- Memorial Day recess. wish to ask another question? tives a State has—very important. It Mr. DORGAN. That is correct. Mr. DORGAN. Yes. I do not want also has a great impact on how you get something the Senator said a moment Mr. LOTT. And I realize the situation Federal funds. I have towns in my ago to stand here and be misinter- is different now. But I do not know, I State of Mississippi, and I know it is preted. The Senator indicated potential do not know how much different it is. true in Minnesota, that because of the existed—in the past some kind of emer- I have supported a lower figure. I sup- census count, either undercounting or gency provision—that it would not be ported a higher figure. not proper counting programs, that are $8.6 billion. I want to make clear—I as- Mr. DORGAN. Mr. President, will the not eligible as far as some of our Fed- sume you do not mean, as some have Senator yield? eral programs, some of the Federal suggested on the other side, that, well, Mr. LOTT. Now, look, again, this bill grants and loans, and so this is very if we come back to disaster relief, the is $8.6 billion and it has got a lot more important for a long time. folks who are waiting for that relief in it than just disaster aid. It has some Mr. WELLSTONE. Last question. are going to get a whole lot less relief disaster relief that is not emergency Mr. LOTT. Sure. I will be glad to because we are going to cut it. That and not needed for months and even yield further for a question. has been the implication by some. years. Mr. WELLSTONE. I will not hold the Now, we have had agreement on the Mr. DORGAN. If the Senator will floor any longer. I just want to say to disaster package in this legislation. yield for one additional question. I ap- the majority leader I am a little trou- There has been no disagreement. Re- preciate the majority leader’s indul- bled by the very lengthy explanation publicans and Democrats have agreed. gence. on the census count only because again We have put it in. It is done except it I am more concerned than I was be- I think the question that we have put has not gotten through to the Presi- fore I left my chair. to the majority leader is why not take dent for his signature. But I assume My assumption has been that we ne- that issue, around which there is dis- the Senator from Mississippi supports gotiated a disaster relief package. It is agreement, and debate it separately the full complement of disaster relief significant. It is important. And it is and why not take the issue of appro- that is in the bill and is not in any way vitally needed by the areas in my part priations bills and the continuing reso- saying that he would at some point re- of the country but many others around lution and debate it separately? But visit and diminish the amount of dis- America as well, and I hope very much that is what we do not agree on. That aster relief in the bill. Could you clear that there is no one here who seriously is controversial. We can have an honest that up? entertains backing away from that debate. Why link it to what should be Mr. LOTT. I am not here to negotiate commitment. a disaster relief bill—— the exact amount. I think we have to In any event, one of the reasons that Mr. LOTT. I have an answer. work with the committee. I ask this question is the piece that the Mr. WELLSTONE. Providing assist- Mr. DORGAN. That is not what I am Senator from Mississippi provided as ance to people in our States? asking. samples of nonemergency spending in Mr. LOTT. I have two answers to Mr. LOTT. Well, I am trying to an- the supplemental included, for exam- that question. swer the question. I am not going to ple, $694 million for the highway trust

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5475 fund. And let me just describe some- diate solution to getting disaster aid to where I don’t hog all the time and I am thing. Maybe the Senator does not un- disaster victims. in a position of saying to you I will derstand this, but we have, for exam- Mr. LOTT. As a matter of fact, one of yield for a question only so I do not ple, in North Dakota right now a high- the things that amazes me is the Presi- lose control of the floor. way called Highway 57. It is a link to dent of the United States would veto a Let’s set up an orderly process and the Spirit Lake Indian Nation. It is disaster bill because he doesn’t want we all get our chance to make our now under water, incidentally. That In- language in there that says we won’t speeches, make our statements, with- dian nation is virtually isolated out have a Government shutdown. As a out being just a question or response to there, and there are young kids who matter of fact, if we can get this prob- the question. Would the Senator object need doctors’ attention and medical lem worked out now, it will avoid a to that? help who at this point have to go far problem we are surely going to have in Mr. DASCHLE. Mr. President, I around in order to get it. Their lives October, where, once again, like we do would have two concerns. One is that are at risk. Commerce stops. Emer- almost every year, we have these fun some Senators may wish to speak gency medical assistance is not avail- and games where there is a threat of longer than 10 minutes. able. And so we need to deal with these various departments or agencies or Mr. LOTT. Would you like to make it emergency road needs, for example, in Government shutdowns that has been 15? Devils Lake which has been flooded used by Democrats and Republicans— Mr. DASCHLE. Second, they may every year. most effectively, by the Democrats. wish to come back and speak again. Mr. LOTT. If I can respond to that, it And all I am saying is, you know, we Mr. LOTT. We wouldn’t limit that, is interesting the Senator would raise could work this out. I have suggested either. that. As a matter of fact, I believe that some language that I believe most of Mr. DASCHLE. I wouldn’t want it to one of the things that will probably be you could live with, and we ought to go be precluded. indicated as urgent disaster need would ahead and do that and get this issue re- Mr. LOTT. I hope before the after- be in the transportation area which is solved and move on. noon is over, we will have an oppor- different from the $694 million that is Of course, obviously, the purpose tunity to get an agreement for an ex- in the bill, and let me just emphasize here would be to separate these things tended period of time of debate which this. The President in that area asked out where the President could veto would be open, with the normal rec- I think for about $300 million, but them, if he wanted to, and not resolve ognition of the Chair and going back along the way that figure grew to al- the problem. Why move these on down and forth on both sides of the aisle, most $1 billion. I have seen this figure the line toward another disaster—as I that would go on for quite some time. I believe that is there, $694 million. I have already pointed out, a manmade Again, I want to talk to the Senator think that has to do with ISTEA and disaster—at the end of the fiscal year? about what length of time he is talking the allocation formula and that there f about. is a separate emergency transportation Mr. DASCHLE. Mr. President, so item that we might consider. It may UNANIMOUS CONSENT REQUEST long as no Member is precluded a sec- not be accurate, but that is the impres- Mr. LOTT. Let me just say, in order ond time or speaking for a period sion I have. That $694 million is for to allow other Members to speak, longer than 10 minutes at a later time, funds all over the country not related would the minority leader be willing to and so long as no other Senator is pre- to the disaster. allow us consent to provide for speech- cluded from speaking at all by this Mr. DORGAN. I would say to the Sen- es by Senators DASCHLE, GRAMS, unanimous consent request —I think ator that I have visited with the De- HUTCHINSON, DORGAN, SARBANES, BOND, that is the assertion, now, of the ma- partment of Transportation Secretary WELLSTONE, NICKLES, or his designee, jority leader? and others, and they are awaiting this say for 10 minutes each, and following Mr. LOTT. If I could suggest, again, disaster bill in order to unlock the those statements that I be recognized? let’s start with this and then I will talk money necessary to deal with these Mr. DASCHLE. Mr. President, there to the Democratic leader, and we will critical road problems in the one area I are many other Senators who want to go from there. This is just to get it have mentioned, which is Devils Lake, be recognized to speak, so I wouldn’t started. where an entire Indian tribe is isolated want to exclude other Senators who Mr. DORGAN. I reserve the right to out there because the roads are inun- would like very much to participate. object, and I ask the majority leader a dated with water. But let me go back Mr. LOTT. I would not want to ex- question. On two occasions, on the two to the point I originally made today to clude them. I think this would just get most recent business days, we were the Senator from Mississippi. an agreement that these Senators that subject to a motion to adjourn and re- I urge you to consider this afternoon are here, waiting for an opportunity to quired to vote on that, even though doing the following, which would very speak—I would like to amend that list many of us did not feel we should ad- simply and quickly unlock this issue. to include the Senator from North Da- journ. We wanted to continue to dis- There are two major stumbling blocks kota—that we get a lineup of speakers, cuss this issue and attempt to see if we to having the President sign this dis- led off by the distinguished Democratic couldn’t get the Senate to do its busi- aster bill. One is the attachment of the leader. Senator GRAMS has been wait- ness and pass a clean bill providing dis- anti-Government-shutdown provision ing to speak; Senator HUTCHINSON, who aster relief. and the second is the census issue. Let is an original cosponsor of the Govern- I would just like to understand what us, as the Senator from Minnesota and ment shutdown prevention language, we might face later today. I certainly others have suggested, set them aside, and Senator DORGAN and Senator SAR- would object to any unanimous-con- debate them separately. We will not BANES have been waiting. Senator BOND sent request propounded by anyone stand in the way of debating and vot- is here and wishes to speak on his birth under any circumstances unless there ing on those issues. And let’s take the defects bill. That has been blocked is some assurance we are not going to other bill that has been crafted by a bi- now. It is a bill we should be able to face another motion for adjournment partisan majority, Republicans and have some limited debate on and get and simply be voted down and told the Democrats in the Senate and the agreement to move on. disaster bill is not a subject they want House, and I was on the conference Senator WELLSTONE, I am sure, would us to visit about on the floor of the committee, let us take that to the like to be recognized, Senator CONRAD Senate for any extended length. Some floor, vote it out, send it, and get it and Senator NICKLES, or his designee, of us feel very strongly we would like signed and get disaster relief. We could for 10 minutes each with their state- to spend some time on the Senate floor do that this afternoon. ments, and then I be recognized at end talking about the disaster relief bill I just don’t understand why that is of that group. and ways to solve this so we can get not possible today. Maybe the Senator Then, if others come in, we will get disaster relief to disaster victims. from Mississippi can tell me why that time for others to speak, too. There is So, I guess, before I would agree to a is practically impossible. I would think no desire to cut Senators off. I am just unanimous-consent request, I would it would be the easiest and most imme- trying to set up some regular order like to have some understanding

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5476 CONGRESSIONAL RECORD — SENATE June 10, 1997 whether we are going to face an ad- right on until some other time here in make the speech you want to make. journment request later. the afternoon. But I would like to have What more can you ask of me now? Mr. LOTT. Well, could I inquire if the a free-flowing discussion, so I would And then, we will talk that through leader would be willing to give us con- like to do it in an orderly way. while others are speaking. sent for our committees to meet, if we I asked unanimous consent, and then Mr. CONRAD. I am constrained to could go ahead and lock in a unani- we will get an agreement, I presume object. mous consent-agreement, or an agree- later on, that we will have an extended The PRESIDING OFFICER. Objec- ment on how long you all would like to period of time for debate during which tion is heard. go tonight? Would the Senator like to Senators will be able to speak for ex- f respond to that? tended periods of time. UNANIMOUS-CONSENT REQUEST— Mr. DASCHLE. Mr. President, we dis- Mr. DASCHLE. Will the majority COMMITTEE MEETINGS cussed this matter in the caucus. I leader yield? think it was unanimous in the caucus Mr. LOTT. I am glad to yield. Mr. LOTT. Mr. President, I have five that committees would not meet this Mr. DASCHLE. Would he entertain a unanimous consent requests for sub- afternoon, because we really need to unanimous-consent request which committees to meet during today’s ses- have attention focused on this issue. I would say we would not adjourn with- sion of the Senate. I ask unanimous am afraid I am not able to give that out the consent of both leaders to- consent these request be agreed to en agreement to the majority leader. night? Because I think, if that were the bloc and that each request be printed Mr. LOTT. Mr. President, if I could case, then there would be no objection in the RECORD. say, then, I would like to—and I will on this side to working through what- Mr. DASCHLE. I object. talk to the Senators about how we do ever schedule may accommodate The PRESIDING OFFICER. Objec- this—with their cooperation, and I am speakers on both sides. tion is heard. talking about not just committee Mr. LOTT. It is my intent, Mr. Presi- Mr. LOTT. Mr. President, my consent meetings, because we will do what we dent, to work with the leader and get request was for the Armed Services need to do there. But when we begin an agreement on what time will be Committee to meet on S. 450, the De- the debate or comments other Senators needed. I would like to do that. I prefer partment of Defense authorization bill. are going to make, we will talk with not to move for adjournment. I think They are the Subcommittees on you about how much time we think we we could work that out. I am indi- Airland Forces, Strategic Forces, need and how we will do that. It is my cating to you I would like for you to be Seapower, Acquisition, and Tech- inclination today to try to get it able to have that time tonight. But I nology. Also, for the Subcommittee on worked out, where we could have an have been asked for three different Near Eastern and South Asian Affairs understanding, an understood period of things to agree to. I asked for one and the Subcommittee on Foreign Re- time, and to not go with a motion to thing in return, and that’s for commit- lations to meet on some very impor- adjourn. tees to meet. I am going to have to go tant issues, with witnesses to be Sen- Mr. DORGAN. I wonder if the Sen- through a parliamentary procedure ator LIEBERMAN of Connecticut, Mr. ator would agree to the proposition here in order for committees to be able William J. Bennett, and Michael J. that we not propose a motion to ad- to meet. Horowitz of the Hudson Institute, Fa- journ the Senate without agreement Let us do this. Let us talk while oth- ther Keith Roderick of the Coalition obtained with the minority leader for ers are talking and we could work this for the Defense of Human Rights, pre- such a motion. out. I think there is no question we can pared and waiting to testify before that Mr. LOTT. You know, I am asking committee. here for some process whereby the Sen- get that done. Mr. President, I renew my request The second panel includes Col. ators from the various States would that the Senators that I outlined be al- Sharbel Barakat, a witness from Iran, have a chance to make comments for a and an anonymous witness from Paki- specified period of time. I asked for 10 lowed to speak for 10 minutes and that I be recognized at the end of this list, stan. minutes. Do you want me to expand In addition to that, we asked for the at which time, if there are other Sen- that to 15? Science, Technology and Space Sub- ators who wish to speak, they will be Mr. DASCHLE. I think there are Sen- committee, Committee of Commerce, recognized or we will work out an order ators who wish to speak longer than 10 to meet with regard to NASA’s inter- minutes. Whether it is at the first op- so the debate can continue. The PRESIDING OFFICER. Is there national space program, which we have portunity or whether they have the op- been working feverishly to make work, portunity to come back, that is a con- objection? Mr. CONRAD. Reserving the right to with other countries including Russia. cern. But I share the concern expressed Those are the committees that are object, Mr. Leader, I say to you I would by the Senator from North Dakota. prepared to meet this afternoon. They be forced to object if there is no assur- Mr. LOTT. If I could—excuse me for have witnesses lined up of both parties ance that the rights of this Senator interrupting you, but we are going to and a variety of positions. That has and other Senators will be protected. have an opportunity for them to speak been objected to. I thought it was ap- Because, as the Senator has outlined, now and speak again later. And we will propriate we put in the RECORD that the Senator would be able to speak per- have to work out the process to do objection is heard. haps 10 or 15 minutes and that’s it, that. Mr. President, I suggest the absence under this formulation. Mr. CONRAD. Reserving the right to of a quorum. object, what is the assurance that a Mr. LOTT. I am saying to the Sen- The PRESIDING OFFICER. The Senator would not be precluded from ator from North Dakota, I would like clerk will call the roll. giving a second speech? Because, as the to be able to work with him to do that. The assistant legislative clerk pro- majority has outlined this proposal, as I intend to do that. We will talk and we ceeded to call the roll. I understand it, a Senator would be will make that agreement. We will Mr. CONRAD. Mr. President, I ask able to speak 10 minutes or 15 minutes, make it in a request at a period of time unanimous consent that the order for but then would be precluded from after we have had some of these speech- the quorum call be rescinded. speaking again, unless the majority es so we can talk. Mr. LOTT. Mr. President, I object. leader would alter his unanimous-con- I don’t know exactly what you all are The PRESIDING OFFICER. Objec- sent request. thinking about or what you want, but tion is heard. The clerk will continue Mr. LOTT. I believe if we get another there is no desire to cut the Senator to call the roll. consent, that that would not apply. Of from North Dakota off today. I want The assistant legislative clerk con- course, the way the Senate works, if a him to be able to make his case. I am tinued the call of the roll. Senator asks for a specified period of going to work with you to do that, and Mr. LOTT. Mr. President, I ask unan- time to speak, that usually is acqui- I think the record will show I have imous consent that the order for the esced to. done that sort of thing in the past. I quorum call be rescinded. Here is the alternative. If you like, am telling you here, now, we are going The PRESIDING OFFICER. Without I’ll just keep talking here. We can go to find a way for you to be able to objection, it is so ordered.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5477 UNANIMOUS-CONSENT REQUEST dress the disaster victims but to ad- and prevention activities to reduce Mr. LOTT. Mr. President, I ask unan- dress the troops in Bosnia, to address their incidence. imous consent that the next hour be all of those who are waiting for some His bill proposes grants to public and nonprofit groups to foster public equally divided between Senators LOTT sign that we understand how difficult awareness in ways to prevent birth de- and DASCHLE and, at the end of that their circumstances are, including peo- fects. It would also set up a National hour, that Senator LOTT be recognized ple defending our country in faraway to move to adjourn. lands. Information Clearinghouse on Birth Mr. DASCHLE. Mr. President, I ob- So, I am compelled to object, and I Defects. This legislation, to which there has ject. only hope that at some point in the The PRESIDING OFFICER. Objec- not-too-distant future, we are going to been objection, is really important and tion is heard. be able to resolve this matter, because is endorsed by a wide range of groups: Mr. LOTT. Mr. President, if I can in- they can’t wait any longer. The American Academy of Pediatrics, quire of the Senator from South Da- Mr. LOTT. Mr. President, I also had the American Association of Mental kota, is it his desire that we not have hoped that we would be able to work Retardation, the American Hospital any further debate at this time? out an agreement where there wouldn’t Association, the Association of Mater- Mr. DASCHLE. Mr. President, it is be objection to my motion to proceed nal and Child Health Programs, the the desire on the part of many of our to the Birth Defects Prevention Act— American Public Health Association, colleagues to speak longer than the this is broadly supported legislation; I the Council of State and Territorial time allotted in the unanimous consent don’t see how there could be objection Epidemiologists, the March of Dimes, request, and it is certainly the desire of to it—while we continue to work to the National Association of Children’s our colleagues not to allow the Senator find ways to move other legislation Hospitals, the National Perinatal Asso- the opportunity to adjourn the Senate. while committees are meeting. ciation, the National Easter Seal Soci- For that reason, I am compelled to ob- I understand the pressure that Sen- ety, and the Spina Bifida Association. On their behalf, I again renew my ject. ators feel on both sides of the aisle on concern. There has been objection to Mr. LOTT addressed the Chair. other issues, but I don’t see why that The PRESIDING OFFICER. The ma- should cause us to halt or prevent us this bill. On their behalf, I ask that we jority leader. from taking up a very noncontrover- confer and see if we cannot find a way Mr. LOTT. Mr. President, we have sial, broadly bipartisan supported leg- to bring up this legislation, if not very important committee work that islation like S. 419. today, tomorrow, while we work on needs to be done. As the Senate knows, I am also hopeful that this week we other solutions to other problems. It is not a partisan issue. It is not the bulk of the work and the writing could take up the adoption legislation controversial. And all that Senator that goes on in the Senate does occur that we have been holding in abeyance BOND has sought has received support in committees at the hearings and for a week. And the Senator from Ohio, across the political lines and he has markups. We have a very important Senator DEWINE, has done very good urged that we take it up this week. It markup now that we need to get done work on that and I believe is prepared would be different if it were controver- in the Armed Services Committee. The to spend time on the floor when we call sial or if this were a partisan issue. But up that legislation. I hope it will be in defense of our country is, obviously, it is not. It is one that I think we cer- something we want to pay very close the next coming days. tainly need to get passed. And a lot of Let us be clear about what this legis- attention to. We have less than a week good work has gone into it. And I will lation does, the birth defects legisla- in which the Armed Services Com- continue to ask that it be brought up tion. No one in this body needs to be mittee needs to complete its work. this week. And I will certainly confer I would prefer that we get an agree- told that birth defects are the leading with the leaders on the other side of ment that the Armed Services Com- cause of infant mortality in this coun- the aisle as we try to find a way to mittee, as is always—almost always— try. They are directly responsible for bring to the consideration of the Sen- the case, be allowed to meet with these one 1 of every 5 infant deaths. Here is ate legislation that would help with other committees. I understand the a chance to do something about that, this very serious and very difficult Senator has a problem, some objections not in a week, not in a month, but this problem of birth defects. from his conference. I also would prefer afternoon with, I am sure, not very So now I ask—— that we have an hour of debate equally long debate but enough debate so that Mr. DASCHLE addressed the Chair. divided so that Senators who have been the issue can be properly addressed. Mr. LOTT. I will be glad to yield for patiently waiting for quite some time We have spent the last couple of a comment or question from the Demo- can be heard, including Senators here hours or so talking about other issues cratic leader. now, and Senator GRAMS of Minnesota other than this bill which we had hoped Mr. DASCHLE. As I indicated earlier, who has been waiting to be heard. to call up and begin debating. Mr. President, I am a cosponsor of this I also had hoped that we could work No one needs to be told that every legislation. So obviously I am very sup- together and get a time worked out year some 150,000 infants are born with portive of it. But it should be noted whereby we could have extended debate a serious birth defect. Here is a chance this legislation has not had a hearing, tonight. It doesn’t appear that we can to do something about that. it has not been marked up in the com- work that out. So, I would be prepared Here is a chance to foster the most mittee. to proceed at this time. effective—and, by the way, the most The majority leader—and it is his Does the Senator have any other cost effective—ways to prevent birth right to do so—is discharging the com- comment he would like to make before defects. mittee to bring this bill to the floor. I propound a unanimous-consent re- We now know that folic acid vitamin Now, that is an abnormal procedure. quest? supplements can prevent spina bifida. That is not something we do every day. Mr. DASCHLE. Mr. President, the We know that programs to promote Yet the distinguished majority leader distinguished majority leader mentions avoidance of alcohol, especially early has seen fit to bring this bill to the the defense markup. I also remind him, in pregnancy, can dramatically reduce floor without an official markup, and as he is very aware, there is money in a whole range of birth defects. then to amend it with an amendment this supplemental for our troops in We want to get that knowledge out that we only saw late yesterday. And Bosnia. Time is running out there, too. to those who need it. Senator BOND’s so it is really not normal legislative There is virtually no time left for us to bill would do that through regional re- procedure to consider a bill of this im- get the supplemental assistance to the search programs to identify the causes port, even though there may not be troops in Bosnia. It sends a terrible of clusters of birth defects. much controversy associated with it, message to them not to address this His bill, which, by the way, is cospon- to discharge it, to amend it with an legislation more successfully than we sored by more than a score of Senators amendment nobody has seen, and to have. on both sides of the aisle, makes the move in this process. I can’t think of anything more im- Centers for Disease Control the lead So it is not only our concern for the portant in that regard, not only to ad- agency for surveillance of birth defects disaster legislation but our concern for

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So I would hope we colleagues who voted for this bill a the arena of a timetable for kinds of could work together, if we can once get week ago, that if they say these issues disaster relief. this disaster bill passed, to take up the are so controversial, why did they then It was indicated by one of the Sen- bill, but I really hope we can respect vote and approve this bill by 67 votes, ators from North Dakota that perhaps the normal order here and allow the as the majority leader said, last week it was all or nothing, as if the entire committees to move and to consider and move this on to the President? supplemental appropriations bill was bills and then report them out, put So when they say that we are un- part of an emergency disaster. And I them on the calendar, and take them bending and not willing to compromise was just going to ask the distinguished up off the calendar as we would in nor- on the issue, that it is ‘‘our way or no majority leader if he was not thinking mal circumstances. way,’’ really that is what we are hear- that perhaps there are certainly judg- But I thank the majority leader for ing from the other end of Pennsylvania ment calls that we can make. his willingness to allow me to com- Avenue, that if it is not the President’s I think the majority leader is saying ment on that particular bill. way, it will be no way. that if we are going to make some very I yield the floor. Mr. LOTT. Mr. President, I will re- slimmed down bill to provide for emer- Mr. LOTT. Mr. President, I would re- spond to the question and comments gency assistance—I think the distin- spond to that, if I could, that certainly framing that question by the Senator guished majority leader would agree it is again not controversial. There has from Minnesota. I appreciate what he with me, there is also $30 million for been a lot of work done on it. There has had to say. And I appreciate his in- plane crash investigations; $6 million have been hearings on this bill. And I terest in getting this assistance pro- to the FBI to reimburse New York believe an almost identical provision, vided. He has been constructive and State, but New York State has had on- if not identical, was a part of the com- helpful in that he has been suggesting going expenses with regard to TWA prehensive health legislation that a variety of ways we could try to come flight 800; $197 million for the National came up last year. That was a different to an agreement on how to proceed Park Service; $103 million for Fish and Congress, but it is not as if it is a new here. Wildlife; $67 million for the Forest idea. It has been around for awhile. He is absolutely right that, as a mat- Service; $20 million for the Bureau of And a number of Senators are very fa- ter of fact, what we passed last week Indian affairs; $585 million for the miliar with what it would do, including was a compromise. There had been Army Corps of Engineers. the Senator from South Dakota. funds added, language added. And, as a I am just wondering if the majority Mr. President, because he has been so matter of fact, the language dealing leader doesn’t think that perhaps these diligent in his effort to wait to be with the Government shutdown preven- are supplemental appropriations that heard, and recognizing that it does not tion was a compromise provision. Sen- are not of an emergency nature and appear we are going to be able to work ator MCCAIN, one of the original spon- that maybe Congress would be able to out some agreement where he could sors, along with Senator HUTCHISON, of- make a judgment call if in fact we were make a statement, I, if I can, yield to fered an amendment and actually talking about emergency relief. Be- the Senator from Minnesota for the raised the level of funding whereby the cause it seems to me that some of the purposes of a question so that he could Government would continue basically Senators are saying that, ‘‘Look. We at least address a question that frames at the current year level until an want everything, but your issues aren’t his concerns in this area. agreement was reached on the next important. The issue of process, of not Mr. GRAMS. Thank you very much, year’s appropriations bills. being able to shut down Government Mr. Leader. So it was compromise language. I isn’t important.’’ I just would like to take a few mo- mean, it should not go without people’s It may not be important to someone ments to address a couple concerns and notice that it got 67 votes here in the on the other side of the aisle, but it is questions. And as I think we are all Senate. This matter can be resolved. It very important to many people on our very disappointed in the fact that yes- can be done quickly. It could have al- side of the aisle that we have a process terday President Clinton vetoed the ready been dealt with if the President by which we say to people, here is what emergency aid bill which would provide just signed the bill. you can expect. Veterans can expect to $5.5 billion in disaster relief nation- The President is not without tools to get their pension benefits on time, re- wide—and that comes with a major work with the Congress. But he must gardless of whether Congress and the portion of those dollars directed to- understand—and I know the American President have not agreed on a par- ward rebuilding and repairing those people understand—that we, as rep- ticular appropriations bill, that Fed- communities that have been dev- resentatives of the people, have a co- eral employees can expect to get their astated by floods in my home State of equal voice in this Government. We checks on time regardless of whether Minnesota and, of course, the Dako- have a right to be heard. And we have there is an agreement between the tas—our legislation I think sent a very a right to have very important issues President and Congress. clear message that the people of Min- that we are concerned about addressed. So, you know, I think that there are nesota have not been forgotten by Con- So I again appreciate the Senator’s a lot of issues. And I sincerely believe gress at this time. patience here and his suggestions. I that it is important for us to set the And I just really am concerned and know he is going to continue to work process of how we are going to handle disturbed by the fact that the Presi- with leadership on both sides of the appropriations this year. Perhaps oth- dent has used, as his primary excuse aisle and across the Capitol where he ers do not think that is important. But for vetoing the emergency flood relief served in trying to find an appropriate to say, ‘‘You take all of our issues. bill, our inclusion of a measure that solution to this problem. Throw away all of yours. And that’s would go on to protect these very same Mr. GRAMS. I thank the majority the only thing that will be acceptable,’’ victims this fall from what could be- leader. seems to me to be a little unreason- come a manmade disaster if we do not Mr. LOTT. Mr. President, I would able. come to some time agreement between also like to inquire of the Senator from I just ask the majority leader if he the Congress and the President on Texas. Senator HUTCHISON, had indi- would put all of these other supple- funding legislation in the budget de- cated that she had hoped to be able to mental appropriations in the same po- bates coming this fall. So for those rea- speak. I wonder if she has a question sition as some part of the emergency sons, I raised repeatedly on the floor she would like to propound at this time bill that really is an emergency where that I believe that delivering this bill because I would be able to yield to her funds really might not be available if to the President is of utmost impor- at this time, under the rules we find there are funds like that? tance. ourselves confronted with, only for a Mr. LOTT. Mr. President, in respond- And I just ask the leader if all con- question. So I ask that she frame her ing to the question by the Senator siderations have been made or taken comments in the form of a question. from Texas, obviously I think that she

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5479 is suggesting a route that is appro- ‘‘Just pass the clean emergency help to grants to local education agencies. priate. There is a difference between a the victims.’’ That was the first thing Now, I have no doubt these are impor- supplemental appropriations in its nor- that was said. Now, then, you said, tant appropriations, but are they emer- mal sense and a supplemental appro- well, OK, let’s talk about what is an gency? That is the question that I ask priations that includes some emer- emergency, and I am seeing all of a the distinguished majority leader. gency provisions. Clearly, they could sudden a different argument, a dif- Once he said, ‘‘I am willing to talk be separated out and moved as the Sen- ferent argument that says, oh, wait a about a pared down real emergency,’’ ator from Texas has suggested. minute, what do you mean, that there all of a sudden it seems to me that now I want to commend the Senator from might be some parts of this bill that we are shifting to a different issue. We Texas for her work as a member of the would not be part of the emergency? are shifting now to a whole different Appropriations Committee, a member In fact, there are billions in this bill argument, and they are saying you that knows what is in the bill and what that are supplemental. They are good. have to take everything in the bill that is not. And I think some Senators have We hope they will pass. But they are the distinguished Senators from North not had an opportunity to look at all not an emergency. Dakota want, take out everything that the things that have been added in So if you are going to say that it is the distinguished Senators on this side terms of language and additional not important to provide for the or- of the aisle were hoping to get in the spending and programs which may be derly transition of fiscal years right way of process to establish a process in worthwhile but which are much more now in the first appropriations bill the appropriations bill, the first one in the supplemental range, not in the that has come on the floor this year— this year. emergency range, and also could be Mr. President, I think the distin- It is like saying we have all the dealt with in the regular appropria- guished majority leader will agree that cards. But that is not the way America tions process. we have not had another appropria- is. We work together here. I think we We are in the period of time now in tions bill on the floor. If we are not have the ability to determine if there this year when we ought to be doing going to set the process right now for are emergencies that are not being our regular appropriations bills. And how we are going to handle the transi- met, and if that is the issue, then I the need for a supplemental for many tion of fiscal years in an orderly and think we would be able to solve it. of these provisions has been long since responsible way, when would we do it? I just ask the majority leader if he past. Would we do it 1 month before the end believes that we have the ability to de- Also, I just have to say, the idea of of the fiscal year so people would not termine what is an emergency and resolving this issue about the annual be able to plan, so that we would not what is a supplement. confusion at the end of the fiscal year, know for sure exactly what was going Mr. LOTT. Mr. President, clearly, the the threats of and in fact the shut- to happen, so that Federal employees Senator from Texas, Senator downs of programs or Agencies, De- would not know for sure that we would HUTCHISON, is right on this. She knows partments of the Government, that not have another Government shut- her business. She is on the Appropria- idea originated with the Senator from down, so that veterans would not know tions Committee. Texas and Senator MCCAIN. They are for sure that their pension checks I do not know what the exact figure the ones who said we need to resolve would be on time? is but probably of the $8.6 billion in this now, not October 1 or October 15 or I think to say that now all of a sud- this supplemental, well over half of it November 1 when we are going through den it is not just emergency relief but could not remotely qualify as disaster. these fiascoes. also everything in the supplemental It is probably in the range of $5 billion The suggestion was that we solve this appropriation which is important to to $6 billion of the $8.6 that would not problem now. The language that was many people in this body—but so is the introduced, which was subsequently qualify as emergency disaster, either resolution about not shutting down compromised, by the way, to raise the because it is not directly needed and/or Government important to a number of funding above what the Senator from because it could be handled through people in this body. Texas wanted, originated from her. the regular appropriations bills. Clear- I think the distinguished majority I challenge anybody in this institu- ly, a large portion of this bill would tion or anywhere to suggest that the leader in good faith said, well, would not qualify as emergency disaster. Senator from Texas is not concerned you like for us to consider a pared Again I do not know the exact amount. about the need for the disaster assist- down emergency for anything that We have to hear further from the com- ance or the funds for the Department would not be covered already under the mittee members, and I presume we will of Defense. She knows that this issue is Federal Emergency Management Agen- as the time goes forward. important, and she also knows it can cy funds which we know have at least Mr. DORGAN. I wonder if the Sen- be resolved. It can be resolved quickly $2 billion in the coffers right now that ator—— and it can be resolved in terms of are going right now to the victims in The PRESIDING OFFICER. Does the working out language that would serve North Dakota, South Dakota and Min- majority reader yield? the American people well in stopping nesota? The money is going in. There Mr. LOTT. I will yield if the Senator these annual Government shutdown ac- may be a few places where it is not allows me to make a couple of points. tivities. going in, so the distinguished majority I want to go back and reconfirm some- I commend her for the work she has leader, as I understand it, is saying, thing I said a moment ago to make done, the leadership she has provided, OK, we should make a list of those sure it is correct in the RECORD. and for the fact she continues to say where there really is an emergency, The bill that we are trying to get we can work through this with lan- not supplemental but emergency, and brought up, the birth defects bill, is guage which may be different from would you consider working with us to not a new bill. It was one that has had what she originally started with but pass that? a lot of work, and the substitute that with language that is acceptable, or Now, all of a sudden, it seems that we have now is going to be considered that we go with emergency language the argument is changing and we are when we get permission to bring it up. only. saying, oh, no, we not only need the There has been objection to bringing I yield to the Senator from Texas for emergency appropriations that might up the birth defects bill by the Demo- a further question. not be covered if there are categories crats. It is almost identical to the lan- Mrs. HUTCHISON. I appreciate the like that, but, in addition, we must guage that was approved by the com- distinguished majority leader yielding also have all of the supplemental ap- mittee on Labor and Human Resources to me for a question because I do have propriations for the National Park in 1995 and passed the full Senate in a question. I think it is not a matter Service, for the Fish and Wildlife Serv- September 1996 as part of the Health even of the supplemental appropria- ice, for the Forest Service, for the Bu- Profession’s Education Consolidation tions, that they are not worthy, but I reau of Indian Affairs, for the Army and Reauthorization Act, S. 555. think timing is the issue. Corps of Engineers, for the Postal Serv- So the Senate is familiar with this. I just sense that all of a sudden the ice fund, for the bulk cheese price sur- The Senate has worked on it. The Sen- ground is shaking. First they said, vey, for the food stamp changes, for ate has voted on it. It is not a new

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S5480 CONGRESSIONAL RECORD — SENATE June 10, 1997 issue or one that we are trying to put In fact, there is a House appropria- leagues on this side of the aisle would out without it having been considered tions bill on the calendar, H.R. 581, like to speak. by committee or having been consid- that the Senator from Texas and oth- Correct me if I am wrong; did you not ered by the full Senate in the recent ers who wish to propose their amend- offer to allow debate on this and other past. ment could offer to attach their issues, maybe debate as late at 12 I want the RECORD also to reflect amendment to. In addition to that, o’clock tonight? That is almost an ad- that I have tried to get the Democrats there are 13 additional appropriations ditional 8 hours. to agree for the Armed Services Com- bills that will follow that they can cer- Mr. LOTT. I knew it came as a shock mittee to meet, and other committees, tainly attempt to attach their amend- to the Senator from Oklahoma, but he on very important issues. They have ment to. is right. objected to bringing up the birth de- But the title of this piece of legisla- Mr. NICKLES. I did not want to stay fects bill. They have objected to the tion is an appropriations bill making for all of that, but I think the Senator Armed Services Committee meeting, emergency supplemental appropria- from Mississippi, the majority leader, the Foreign Relations Committee tions for recovery from natural dis- is being generous with time. meeting, the Science Committee from aster and so on. I am assuming that If our colleagues are going to object meeting. I even offered an opportunity those who decided to attach it to this to the offer that the majority leader for us to divide an hour of debate time piece of legislation did so because by made, I do not think they are showing equally on both sides and to get an its very title it is an emergency supple- good faith, and that does not increase agreement where we could have ex- mental appropriations bill for recovery the likelihood of getting things done. tended debate tonight, and I suggested from natural disasters. Now, correct me if I am wrong; I ask even as late as midnight, 6 hours, 7 The Senator from Texas makes the the majority leader this question, the hours, whatever amount of time that point, as the Senator from Mississippi, majority leader asked permission for might have been called for. But that there are some things in here that are the committees to meet? was not accepted because they would not an emergency. That is a quarrel I Mr. LOTT. Correct. not agree for the Armed Services Com- suspect the Senator would have with Mr. NICKLES. And stated his inten- mittee to meet and to do their markup the Appropriations Committee heads tions to allow the Senate to be able to work. and others. There may well be some I want to say again, my Democratic debate this and other issues on time things in here that are not an emer- colleagues have objected to bringing up equally divided; is that not correct? gency. I have no objection to taking the birth defects bill, they have ob- Mr. LOTT. That is correct. those things and moving them aside jected to very important committees Mr. NICKLES. My comment would be and passing the disaster portions of meeting with very important wit- to the majority leader that I think you this bill. nesses, and a markup of the Depart- are being very generous and I hope our I say that it seems to me, at least ment of Defense. They have objected to colleagues will cooperate. viewing it, that those who have at- dividing the time equally so all Sen- Mr. LOTT. Mr. President, I appre- tached this amendment to this bill ators can be heard in 10-minute seg- ciate the questioning of the Senator have done so believing that this bill is ments of their own time, and they have from Oklahoma, and I say that the pro- a must-pass piece of legislation be- even refused an offer that I have made cedure which I am about to carry out cause it is an emergency and, there- for this debate to go on for an extended here has been forced by the fact that fore, it is a way of moving their agenda period of time, perhaps even as late as we can’t get consideration of the birth along on this Government shutdown midnight tonight. defect legislation, we can’t get permis- Now, before I make any further mo- amendment. My point is there are 13 sion for key committees to meet, and tion, did the Senator from North Da- more bills. Do it on another bill. Do it we can’t get a time agreement on how kota have a question he would like to on the House bill resting at the desk of the debate will occur. ask? And I yield for the purpose of a the Senate, but do not do it in a way f question. holding up disaster relief. QUORUM CALL Mr. DORGAN. I do, and of course the I am happy to propound the question. majority leader has the power of sched- It is now 21⁄2 weeks beyond the adjourn- Mr. LOTT. Therefore, I suggest the uling in the U.S. Senate. The objection ment for the Memorial Day recess, absence of a quorum. that we raised was an objection based which is the time when we should have The PRESIDING OFFICER. The on the understanding that the unani- passed this legislation, 21⁄2 weeks be- clerk will call the roll. mous-consent request propounded by yond that, and the fact is we are now in The assistant legislative clerk pro- the majority leader was that he would a circumstance where it does not ap- ceeded to call the roll, and the fol- remain in control at the end of the pe- pear we are any closer to passing a lowing Senators entered the Chamber riod of whether we had an opportunity piece of legislation that the President and answered to their names: to speak again and when we had an op- will be able to sign. Will the majority [Quorum No. 3] leader, at least from the Senate side, portunity to speak again. Bond Grams Nickles We have had, on two occasions now, a indicate to us that he feels that we can Conrad Hutchinson Stevens motion made to adjourn the Senate get this thing passed this week in a Coverdell Hutchison Thurmond and a vote on that, and the majority manner that allows it to be signed? Dorgan Inhofe Wellstone Gorton Lott leader has then adjourned the Senate Mr. LOTT. I would be willing to work twice last week and now apparently with him in that regard. I think we The PRESIDING OFFICER. A today, and some of us feel very strong- definitely can do it. I believe we will quorum is not present. ly that we wish to continue to discuss have some time here in a moment f where maybe we can talk about that. and to push and prod to see if we can- VOTE ON MOTION TO ADJOURN not get a disaster bill passed without Here is the chairman of the Appro- the extraneous or unrelated amend- priations Committee. He is convening. Mr. LOTT. Mr. President, I move ments attached to it that have caused I have seen him work miracles before, that the Senate stand in adjournment, a veto. and I know he is prepared to do that and I ask for the yeas and nays. Now, the reason I rise to ask a ques- again this time with the help from the The PRESIDING OFFICER. Is there a tion, as I listened intently to the ques- Senators from North Dakota and the sufficient second? tion asked by the Senator from Texas— Senator from Texas. There is a sufficient second. and she indicated to the majority lead- Does the Senator from Oklahoma The yeas and nays were ordered. er that this was, really, the only appro- wish to ask a question with regard to The PRESIDING OFFICER. The priations vehicle or the first appropria- the situation? question is on agreeing to the motion tions vehicle that was available for her Mr. NICKLES. If I could just ask a of the majority leader. The yeas and to exercise an option to deal with the question, because I understand our col- nays were ordered, and the clerk will continuing resolution or Government leagues from North Dakota wish to call the roll. shutdown amendment. speak on this issue. I know some col- The legislative clerk called the roll.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S10JN7.REC S10JN7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY June 10, 1997 CONGRESSIONAL RECORD — SENATE S5481 To be lieutenant colonel STEVEN D. HALE, 0000 Mr. FORD. I announce that the Sen- *ROBERT B. HALLIDAY, 0000 ator from Montana [Mr. BAUCUS], the JOHN J. EGAN, 0000, *STEPHEN K. HALL, 0000 REAUX LANETTE R. HAMILTON, 0000 Senator from Louisiana [Mr. B ], IN THE ARMY *JOHN K. HARMER, 0000 the Senator from Nevada [Mr. BRYAN], THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT *JEFFERY L. HARRE, 0000 the Senator from Florida [Mr. GRA- TO THE GRADE INDICATED IN THE U.S. ARMY AND FOR ANTHONY D. HAWKINS, 0000 REGULAR APPOINTMENT IN THE MEDICAL SERVICE HARRY M. HAYS, 0000 HAM], the Senator from Nebraska [Mr. CORPS, ARMY MEDICAL SPECIALIST CORPS, VETERI- GARY A. HAZLETT, 0000 KERREY], the Senator from Illinois [Ms. NARY CORPS, AND ARMY NURSE CORPS (IDENTIFIED BY DAVID G. HEATH, 0000 AN ASTERISK(*)) UNDER TITLE 10, UNITED STATES CODE, MICHAEL S. HEIMALL, 0000 MOSELEY-BRAUN], the Senator from SECTION 624, 531 AND 3283: MICHAEL E. HERSHMAN, 0000 PHILLIP L. HOCKINGS, 0000 New York [Mr. MOYNIHAN], and the Major *YOSHIO G. HOKAMA, 0000 TIMOTHY N. HOLT, 0000 Senator from West Virginia [Mr. *DOREEN M. AGIN, 0000 *THOMAS E. HONADEL, 0000 ROCKEFELLER], are necessarily absent. CRAIG M. ANDERSON, 0000 *DENISE L. HOPKINS, 0000 The result was announced—yeas 55, *JAIME B. ANDERSON, 0000 *ROBIN G. HOUSTON, 0000 *ANULI L. ANYACHEBELU, 0000 *THOMASINE S. HOWARD, 0000 nays 37, as follows: *DERRICK F. ARINCORAYAN, 0000 RONALD D. HOWES, 0000 [Rollcall Vote No. 98 Leg.] *KARYN L. ARMSTRONG, 0000 LORI A. HULL, 0000 KEVIN R. ARMSTRONG, 0000 *MELINDA L. JACKSON, 0000 YEAS—55 *MARK A. ARTURI, 0000 SCOTT K. JACOBSEN, 0000 *JOHN A. AUSTIN, 0000 Abraham Frist McConnell *RICHARDSON D. JAMES, 0000 MICHAEL A. AVILA, 0000 *TERI M. JEFFERSON, 0000 Allard Gorton Murkowski GILBERTO AYALA, 0000 *WANDA D. JENKINS, 0000 Ashcroft Gramm Nickles *MORGAN L. BAILEY, 0000 ROBERT B. JIMENEZ, 0000 Bennett Grams Roberts *HOLLY S. BAKER, 0000 JENNIFER L. JOHNSON, 0000 LEWIS L. BARGER, III, 0000 Bond Grassley Roth *TODD O. JOHNSON, 0000 Brownback Gregg PATRICK C. BARRETT, 0000 NANCY L. JONES, 0000 Santorum IDA R. BECKHAM, 0000 Burns Hagel *SHEILA Y. JONES, 0000 Sessions *MARY L. BEMENT, 0000 *DAVID C. JOSS, 0000 Campbell Hatch Shelby SERGIO R. BENITEZ, 0000 STEPHAN KASER, 0000 Chafee Helms JOSEPH P. BENTLEY, 0000 Smith (NH) *VIVIAN A. KELLEY, 0000 Coats Hutchinson *ROSANN M. BIERMAN, 0000 *BRYAN K. KETZENBERGER, 0000 Smith (OR) Cochran Hutchison JOSEPH M. BIRD, 0000 KYUNG M. KIM, 0000 Snowe DONNELL L. BLAKEY, 0000 Collins Inhofe JEFFERY S. KING, 0000 ANNETTE BOATWRIGHT, 0000 *ERIC R. KOCH, 0000 Coverdell Jeffords Specter Stevens MICHAEL A. BORDERS, 0000 RION D. KOON, 0000 Craig Kempthorne JONATHAN E. BRANCH, 0000 *PETER A. KUBAS, 0000 D’Amato Kyl Thomas *EDWARD J. BRIAND, 0000 BRIAN J. KUETER, 0000 DeWine Lott Thompson *CHRISTINE J. BRIDWELL, 0000 *KIMBERLY J. KURTZ, 0000 Domenici Lugar Thurmond *DEANNA A. BROWN, 0000 *MARTIN M. LAGODNA, 0000 Enzi Mack Warner *CHERYL L. BROWN, 0000 *RONALD L. LANDERS, 0000 *SANDRA S. BRUNER, 0000 ANDREW J. LANKOWICZ, 0000 Faircloth McCain MICHAEL J. BUCKELLEW, 0000 *KAREECE L. LARRY, 0000 GLENN M. BULLARD, 0000 DAVID A. LATCH, 0000 NAYS—37 *PRICE V. BULLOCK, 0000 DENNIS P. LEMASTER, 0000 Akaka Feinstein Levin WILLIAM M. BURNS, 0000 *PAUL C. LEWIS, 0000 Biden Ford Lieberman *ROBERT J. BUSH, 0000 DODOO J. LINDSAY, 0000 LARRY D. CADE, 0000 TIMOTHY L. LOBNER, 0000 Bingaman Glenn Mikulski *MARTHA E. CALDWELL, 0000 *ALICE D. LUBBERS, 0000 Boxer Harkin Murray *WENDY R. CAMPBELL, 0000 LORENZO F. LUCKIE, 0000 Bumpers Hollings Reed LINDA R. CARMEN, 0000 DONALD O. LUNDY, 0000 Byrd Inouye Reid SCOTT A. CARPENTER, 0000 TIMOTHY P. LYONS, 0000 WILLIAM E. CARTER, 0000 *MARK A. MALZAHN, 0000 Cleland Johnson Robb Conrad Kennedy *CRYSTAL D. CHATMANBROWN, 0000 *KELLY A. MANN, 0000 Sarbanes *RODNEY S. CHRISTOFFER, 0000 *JANICE E. MANO, 0000 Daschle Kerry Torricelli RICK F. CLABAUGH, 0000 GERARD MARTELLY, 0000 Dodd Kohl Wellstone NOLAND P. CLARK, JR. 0000 MARY R. MARTIN, 0000 Dorgan Landrieu *PAMELA S. CLUFF, 0000 *ROBIN L. MARTIN, 0000 Wyden Durbin Lautenberg *MARIE T. COCHRAN, 0000 *MICHAEL E. MARTINE, 0000 Feingold Leahy *SHARON D. COLE, 0000 *LAWRENCE N. MASULLO, 0000 *LYNN C. COLLINS, 0000 *NOEL L. MATHIS, 0000 NOT VOTING—8 *CAROLYN M. COMER, 0000 *RANDY D. MCDONALD, 0000 REYNALDO T. CORONADO, 0000 RICHARD E. MEANEY, JR., 0000 Baucus Graham Moynihan *BERNARD C. COURTNEY, 0000 *LISETTE P. MELTON, 0000 Breaux Kerrey Rockefeller *LINDA R. COURTICE, 0000 *MARGARET E. MERCER, 0000 Bryan Moseley-Braun *MELANIE J. CRAIG, 0000 CHARLES B. MILLARD, 0000 *MICHAEL D. CRANDELL, 0000 WILLIAM B. MILLER, 0000 The motion was agreed to. *PATRICIA A. CRANE, 0000 KATHLEEN MILLER, 0000 *BONNIE L. CRON, 0000 *MICHAEL J. MONEY, 0000 f DAVID N. CROUCH, 0000 JOSEPH C. MORGAN, 0000 *TIMOTHY A. CUEVAS, 0000 ROSALYN A. MORRIS, 0000 ADJOURNMENT UNTIL TOMORROW *JEFFREY N. CUNDIFF, 0000 PHILIP M. MURRAY, 0000 *MARY J. CUNICO, 0000 MICHAEL T. NEARY, 0000 The PRESIDING OFFICER. A *MICHAEL F. DALEY, 0000 *RENEE L. NELSON, 0000 quorum is present. *ALLAN J. DARDEN, 0000 *JANICE F. NICKIEGREEN, 0000 The Senate stands in adjournment *PATRICIA DARNAUER, 0000 MONICA L. OGUINN, 0000 *RICHARD N. DAVID, 0000 JOHN M. OLSON, 0000 until 12 noon on Wednesday. *CHRISTOPHER F. DAVIS, 0000 *JOAN M. ONEAL, 0000 Thereupon, the Senate, at 4:40 p.m., *PAULA DAVISBONNER, 0000 CLAUDIA M. OQUINN, 0000 *MICHAEL P. DELANEY, 0000 ALEX G. ORNSTEIN, 0000 adjourned until Wednesday, June 11, PATRICK N. DENMAN, 0000 DONNA L. PAGANO, 0000 1997, at 12 noon. *ROBERT F. DETTMER, 0000 MELISSA A. PALIANI, 0000 *DEBORAH M. DICKSON, 0000 THOMAS E. PAUL, 0000 f *REBECCA L. DOUGLAS, 0000 *JOSEPH M. PAULINO, 0000 *TERENCE M. DUFFY, 0000 MIA S. PELL, 0000 NOMINATIONS *STEVEN M. DUNIHO, 0000 JEFFREY E. PETERS, 0000 DAVID K. DUNNING, 0000 *LISA A. PETTY, 0000 Executive nominations received by RONALD A. DUPERROIR, 0000 *ANGELA J. POWELL, 0000 PAUL H. DURAY JR., 0000 CHARLES M. PRICE, 0000 the Senate June 10, 1997: ROBERT A. EATON, 0000 *ROBERT C. PUGH, 0000 DEPARTMENT OF THE INTERIOR TIMOTHY D. EDMAN, 0000 SCOTT J. PUTZIER, 0000 *RONALD E. ELLYSON, 0000 *WILLIAM L. RANDALL, 0000 PATRICK A. SHEA, OF UTAH, TO BE DIRECTOR OF THE PATRICK S. FAHERTY, 0000 *FREDERICK M. RICE, 0000 BUREAU OF LAND MANAGEMENT, VICE JIM BACA. DAVID P. FERRIS, 0000 PAUL R. RIVERA, 0000 IN THE MARINE CORPS CLODETH C. FINDLAY, 0000 DAVID W. ROBERTS, 0000 SAUL FORD JR., 0000 *ETHEL L. ROBERSON, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT *GRETEL FOSTER, 0000 *NANCY D. ROBLESSTOKES, 0000 IN THE U.S. MARINE CORPS TO THE GRADE INDICATED KIRK J. FRANK, 0000 JOHN P. ROGERS, 0000 WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND *XIOMARA I. FRAY, 0000 STEVEN D. ROTH, 0000 RESPONSIBILITY UNDER TITLE 10, UNITED STATES CODE, RONNY A. FRYAR, 0000 *MICHELE D. ROUNDS, 0000 SECTION 601: LAWRENCE V. FULTON, 0000 STEVEN T. RUMBAUGH, 0000 To be lieutenant general *DOROTHY F. GALBERTH, 0000 *MICHAEL D. SADLER, 0000 JOHN M. GARRITY, 0000 *WENDY A. SAWYER, 0000 MAJ. GEN. JOHN E. RHODES, 0000. *STEVEN M. GERARDI, 0000 *KEVIN J. SCHALLER, 0000 *PETER GEREPKA, 0000 WILLIAM F. SCHIEK, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT MARK A. GIFFORD, 0000 *BRUCE H. SCHMIDT, 0000 TO THE GRADE INDICATED IN THE U.S. MARINE CORPS ROBERT V. GLISSON, 0000 *BRYAN D. SCHMIDT, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTION 624: ARDIE R. GODBEE, 0000 *DEBORAH J. SELBER, 0000 To be colonel SUSAN D. GOODWIN, 0000 *MARY K. SELMAN, 0000 *CHRISTOPHER D. GRAHAM, 0000 VAN SHERWOOD, 0000 JOHN M. METTERLE, 0000 *SANDRA A. GREIDER, 0000 *CATHERINE M. SHUTAK, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ROBERT J. GRIFFITH, 0000 NASIR SIDDIQUE, 0000 TO THE GRADE INDICATED IN THE U.S. MARINE CORPS *PAULINE V. GROSS, 0000 THOMAS C. SLADE, 0000 UNDER TITLE 10, UNITED STATES CODE, SECTION 624: *ARLIN C. GUESS, 0000 ROBERT D. SLOUGH, 0000

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PETER H. SMART, 0000 CYNTHIA L. CLAGETT, 0000 STEVEN F. KATOR, 0000 *KIMBERLY A. SMITH, 0000 KATHRYN L. CLARK, 0000 GEORGE C. KEOUGH, 0000 STEPHEN D. SOBCZAK, 0000 NANCY J. CLAY, 0000 LEO W. KESTING, 0000 JOHN SPAIN, 0000 TERESA A. COLEMAN, 0000 BETTY S. KIM, 0000 THADDEUS T. SPENCER, 0000 TIMOTHY J. COLLINS, 0000 HOON KIM, 0000 *BELINDA L. SPENCER, 0000 WILLIAM C. CONNER, 0000 TIMOTHY L. KINZIE, 0000 ELIZABETH J. STEAD, 0000 PAUL M. CONSLATO, 0000 MICHAEL E. KIRK, 0000 *MICHAEL M. STEELE, 0000 SHARON S. CONSLATO, 0000 JORGE O. KLAJNBART, 0000 *PAUL D. STONEMAN, 0000 PATRICK J. CONTINO, 0000 ROBERT P. KNETSCHE, 0000 *CHRISTOPH R. STOUDER, 0000 MARICELA CONTRERAS, 0000 SARAH R. KOHN, 0000 *MICHAEL E. STREETER, 0000 VENNIS D. COSBY, 0000 DAVID E. KOON, JR., 0000 *LOIS C. STUBBS, 0000 JOHN W. COURSEY, 0000 RAYMOND, KOSTROMIN, 0000 JENNIFER R. STYLES, 0000 MARK H. CROLEY, 0000 ANDREW G. KOWAL, 0000 STEPHEN G. SUTTLES, 0000 CHRISTOPHER L. CROWDUS, 0000 MICHELLE B. KRAVITZ, 0000 *MARK L. SWOPE, 0000 WILLIAM J. CRUSE, 0000 PAUL J. KUZMA, 0000 CARMINE F. TAGLIERI, 0000 MARY B. CRUSER, 0000 MICHAEL D. KWAN, 0000 *ROLAND B. TALLEY, 0000 VICTOR J. DADDIO, 0000 DANIEL E. LAEUPPLE, 0000 *RONNIE H. TALLEY, 0000 LEONARD E. DEAL, 0000 RAMACHANDRA J. LAHORI, 0000 CASMERE H. TAYLOR, 0000 DAVID A. DEAN, 0000 EDWARD E. LANCASTER, 0000 *PATRICIA E. TERRY, 0000 JOSEPH S. DEGAETANO, 0000 JONATHAN E. LANE, 0000 JOHN V. TEYHEN III, 0000 JOSE C. DEHOYOS, 0000 DEBORAH S. LASLEY, 0000 *CHERYL L. THIESCHAFER, 0000 GEORGIA G. DELACRUZ, 0000 ROBERT K. LATHER, 0000 CLARENCE D. THOMAS, 0000 LEMWEL G. DELGRA, 0000 REYNOLDS C. LAVIERI, 0000 GWENDOLYN H. THOMPSON, 0000 MARY-ELIZABETH G. DELMONTE, 0000 RICHARD A. LAWS, 0000 KIMBERLY A. THOMPSON, 0000 STEPHEN M. DENTLER, 0000 JEFFREY A. LAWSON, 0000 RICHARD E. THORP, 0000 THEODORE S. DERSE, 0000 GREGORY Y. LEE, 0000 *REVA THOROUGHMAN, 0000 KIMBERLY A. DEVER, 0000 KENNETH D. LEE, 0000 JOHN P. URIARTE, 0000 DIANE DEVITA, 0000 PAUL J. LEE, 0000 *ELIZABETH A. VANE, 0000 KEVIN D. DEWEBER, 0000 STEPHEN C. LEE, 0000 DORRIS L. VARNADO, 0000 PHILIP A. DINAUER, 0000 SUNMEE LEE, 0000 MARIE A. DOMINGUEZ, 0000 MARK W. LEFLER, 0000 *EDNA L. VELAZQUEZ, 0000 KEVIN M. DOYLE, 0000 JONATHAN G. LEONG, 0000 THOMAS L. WAGNER, 0000 MICHAEL E. DOYLE, 0000 BRET N. LESUEUR, 0000 *JOY A. WALKER, 0000 SMITH C. DRIVDAHL, 0000 RORY H. LEWIS, 0000 *DALE G. WALLIS, 0000 DANIEL L. DROTTS, 0000 JOHN A. LINFOOT, JR. 0000 *CHARLES K. WALTERS, 0000 MARTIN S. DUBRAVEC, 0000 BRET W. LOGAN, 0000 SCOTT L. WARNER, 0000 CHRISTOPHER J. DUGGINS, 0000 STEPHEN J. LOOS, 0000 *BARRY D. WHITESIDE, 0000 NORMAN M. DY, 0000 KERN S. LOW, 0000 *KAREN M. WHITMAN, 0000 JOHN M. EDAVETTAL, 0000 ROBERT H. LUTZ, 0000 *CARON T. WILBUR, 0000 CHARLES C. EGBERT, 0000 ARTHUR G. LYONS, 0000 *STEPHANIE C. WILCHER, 0000 JULIUS R. ELLIS, 0000 STEVEN A. MAGOLINE, 0000 ANDREW C. WILKINSON, 0000 ETHAN E. EMMONS, 0000 DAVID V. MALAVE, 0000 *JOSEPH G. WILLIAMSON, 0000 WILLIAM B. EVANS, 0000 JANICE Y. MALDONADO, 0000 SHARON W. WILLIAMS, 0000 CRAIG M. EYMAN, 0000 MARCOS E. MALDONADO, 0000 DAVID W. WILSON, 0000 JOHN J. FAILLACE, 0000 KENDELL L. MANN, 0000 *BONNITA D. WILSON, 0000 ANITA M. FAST, 0000 TIMOTHY J. MANOWN, 0000 *JENNIFER L. WOLENSKI, 0000 JEFFREY A. FAULKNER, 0000 BARRY D. MARTIN, 0000 EDWARD L. WOODY, 0000 CYDNEY L. FENTON, 0000 MATTHEW M. MCCAMBRIDGE, 0000 *CHERYL YATES, 0000 GREG E. FIHN, 0000 RICHARD B. MCCLAIN, 0000 DIANE M. ZIERHOFFER, 0000 ROBERT L. FLEMING, 0000 ROBERT C. MCCLELLAND, 0000 *DONALD G. ZUGNER, 0000 JORGE E. FOIANINI, 0000 ROBERT T. MCCLELLAND, 0000 IN THE ARMY DIMITRY A. FOMIN, 0000 CRAIG E. MCCOY, 0000 MICHAEL G. FOX, 0000 DAVID E. MCCUNE, 0000 THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT GREGORY J. FRANE, 0000 LUISA G. MCELROY, 0000 TO THE GRADE INDICATED IN THE U.S. ARMY IN THE JOHN T. FRIEDLAND, 0000 MARK A. MCGRAIL, 0000 MEDICAL CORPS OR DENTAL CORPS UNDER TITLE 10, MICHAEL S. FRIEDMAN, 0000 TIMOTHY P. MCHENRY, 0000 UNITED STATES CODE, SECTION 624: ROBERT A. FROLICHSTEIN, 0000 JOHN G. MCMANUS, JR. 0000 major MARK M. FUKUDA, 0000 KATHLEEN MCNALLY, 0000 WAYNE A. FULLER, 0000 AMANDA M. MCSWEENEY, 0000 BRET T. ACKERMANN, 0000 FRANK J. GAFFNEY, 0000 RAMON E. MELENDEZ, 0000 LAN L. ADAMS, 0000 MARYANNE GAFFNEY, 0000 BARBARA A. MELENDEZ, 0000 PETER J. AHN, 0000 ALFREDO GARCIA, 0000 ALICIA R. MERCER, 0000 ANTHONY W. ALLEN, 0000 JON A. GARRAMONE, 0000 GLEN J. MESAROS, 0000 SUZANNE AMIDON-MAGRO, 0000 BYRON D. GATLIN, 0000 CHRISTINE M. METZ, 0000 HENGAMEH ANARAKI, 0000 STEPHEN L. GEORGE, 0000 SCOTT J. MEYER, 0000 LISA M. ANDERSON, 0000 BRUCE N. GIBBON, 0000 RICHARD J. MILES, 0000 JENNIFER M. ARO, 0000 MARK C. GIBBONS, 0000 JOHN S. MILIZIANO, 0000 TERRY L. BAGLEY, 0000 JOHN F. GILLMAN, 0000 GEORGE M. MILLER, JR. 0000 BRUCE K. BAKER, 0000 MATTHEW D. GILMAN, 0000 KEITH C. MILLER, 0000 LUIS BALBUENA, JR., 0000 RONALD P. GIOMETTI, JR, 0000 MICHAEL A. MILLER, 0000 KRISTEN C. BARNER, 0000 PAULINO E. GOCO, 0000 MATTHEW B. MILLS, 0000 ROSS BARNER, 0000 PAUL E. GOURLEY, 0000 GREGORY T. MILROY, 0000 KEITH J. BAUGH, 0000 BLAKE D. GRAHAM, 0000 AUDREY D. MITCHELL, 0000 DEBORAH A. BAUMANN, 0000 SHAWN P. GRANGER, 0000 KATHERINE M. MIZELLE, 0000 HOWELL I. BEARD, 0000 ROBERT J. GRAY, 0000 MICHAEL C. MOORE, 0000 SARAH W. BECHTA, 0000 DAVID R. GREATOREX, 0000 RALPH D. MOZINGO, 0000 PHILLIP J. BECKER, 0000 STEVEN M. GROSSO, 0000 KELLY A. MURRAY, 0000 BRUCE C. BEGIA, 0000 PETER H. GUEVARA, 0000 ANNE L. NACLERIO, 0000 MICHAEL J. BEHNEN, 0000 IV T. GUY, 0000 GRANT K. NAKASHIMA, 0000 MELINDA L. BEHRENS, 0000 MICHAEL K. HALLIDAY, 0000 JOHN E. NEEDHAM, 0000 CLYDE H. BELGRAVE, 0000 SCOTT R. HAMBLIN, 0000 EDWARD A. NELSON, 0000 JAMES S. BEMBRY, 0000 THOMAS J. HAMMER, 0000 MARK L. NELSON, 0000 PATRICK J. BENNETT, 0000 VINCENT M. HAN, 0000 JOHN C. NICKELL, 0000 LOUIS W. BENTON, 0000 MICHAEL T. HANDRIGAN, 0000 TODD E. NIELSEN, 0000 BERNARD M. BETTENCOURT, 0000 ANDREW C. HANNAPEL, 0000 JOEL B. NILSSON, 0000 CLINTON S. BEVERLY, 0000 DOUGLAS M. HARPER, 0000 SUSAN NOE, 0000 WILLIAM D. BOAM, 0000 JEFFERY K. HARPSTRITE, 0000 SHON P. NOLIN, 0000 ROBERT A. BOMBARD, 0000 BRIAN K. HARRIS, 0000 KEVIN C. OCONNOR, 0000 WARREN K. BONNEY, 0000 DONNA M. HARRISON, 0000 DAVID P. ODONNELL, 0000 SETH A. BORQUAYE, 0000 TIMOTHY P. HART, 0000 ROBERT G. OLDROYD, 0000 MARY J. BORSES, 0000 ERIC I. HASSID, 0000 HOLLY L. OLSON, 0000 JOSEPH M. BOURDON, 0000 SUSAN L. HAWN, 0000 ERIC J. ORMSETH, 0000 FRED H. BRENNAN, JR., 0000 WILLIAM B. HENGHOLD I 0000 KEVIN J. OSHEA, 0000 CHRISTOPHER M. BRIAN, 0000 MICHAEL D. HERNDON, 0000 NICOLE M. OWENS, 0000 ROBERT S. BRIDWELL, 0000 ROBERT W. HEROLD, 0000 HYEKYUNG H. PAE, 0000 MICHAEL B. BROOKS, 0000 ANTHONY D. HIRTZ, 0000 GEN B. PAEK, 0000 ROSS A. BRUNETTI, 0000 ANA C. HODGES, 0000 JOHN M. PALMER, 0000 BART J. BRUNS, 0000 KIM C. HOELDTKE, 0000 SANDRO B. PARISI, 0000 CARL L. BUISING, 0000 JOSEPH R. HOFFMAN, 0000 RICHARD T. PASSEY, 0000 NORI P. BUISING, 0000 RANDALL G. HOFFMAN, 0000 JOHN F. PAYNE, 0000 RICHARD C. BUTLER, 0000 JEFFREY A. HOOKE, 0000 BRAD A. PENDELL, 0000 THOMAS R. BYRNES, JR., 0000 MATTHEW P. HORTON, 0000 DAVID C. PETERS, 0000 REX B. CABALTICA, 0000 JOHN D. HORWHAT, 0000 JONATHAN B. PETERSON, 0000 CHRISTOPHER L. CAGGIANO, 0000 JAMES W. HOWARD, 0000 STEFAN M. PETTINE, 0000 EARL J. CAMPBELL, 0000 JAMES M. HOWELL III 0000 MARK E. POLHEMUS, 0000 CHRISTOPHER P. CANNON, 0000 THOMAS G. HUGHES, 0000 JEFFERY S. PORTER, 0000 SANDRA L. CARTER, 0000 KIMBERLY J. HUMULOCK, 0000 JOHN R. PRAHINSKI, 0000 RICHARD L. CATALAN, 0000 JOHN P. HUSAK, 0000 XIOMARA I. PUCKERIN, 0000 JEFFREY G. CHAFFIN, 0000 ALLEN T. JACKSON, 0000 JOHN S. PUJALS, 0000 JOSEPH J. CHANG, 0000 STEPHEN C. JACOB, 0000 BRET K. PURCELL, 0000 AMY P. CHEN, 0000 LUKE S. JANOWIAK, 0000 JAMES E. RAGAN, 0000 CATHERINE W. CHEUNG, 0000 MATTHEW B. JENNINGS, 0000 DANIEL C. RANDALL, 0000 MICHAEL K. CHINN, 0000 NIEL A. JOHNSON, 0000 THOMAS F. RAPACKI, 0000 FRANCIS M. CHIRICOSTA, 0000 SCOTT J. JOHNSON, 0000 ELIZABETH M. RAQUET, 0000 MICHAEL J. CHRIST, 0000 DEREK J. JUE, 0000 REX A. RAWLS, 0000 ANDREW D. CHUNG, 0000 ANDREW D. JUNG, 0000 MARK T. REED, 0000 MATHEW H. CHUNG, 0000 SCOTT M. KAMBISS, 0000 MARK L. REEDER, 0000

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DANA K. RENTA, 0000 DAVID R. STANLEY, 0000 JON K. VANVALKENBURG, 0000 MATTHEW S. RETTKE, 0000 BENJAMIN W. STARNES, 0000 MARGARET A. VIZGIRDA, 0000 LISVETTE RIVERAMALAVE, 0000 EUGENE E. STEC, 0000 ANDREW A. VORIES, 0000 MICHAEL L. ROBERTS, 0000 ROBERT C. STELZLE, 0000 JAMES S. WADDING, 0000 JUSTIN D. ROBY, 0000 JOHN C. STITT, 0000 CHRISTOPHER G. WALSH, 0000 WILBER R. ROESE, 0000 ROBERT D. STOFFEY, 0000 OTIS S. WARR IV, 0000 MARYJO K. ROHRER, 0000 KELLY A. STUART, 0000 JAMIE K. WASELENKO, 0000 DANIEL S. ROY, 0000 JEREMIAH STUBBS, 0000 DANIEL G. RUDOLPH, 0000 ALICE M. STUTZMAN, 0000 JOEL C. WEBB, 0000 ROBERT S. RUDOLPHI, 0000 RICHARD D. STUTZMAN, 0000 ROBERT L. WEEKS, 0000 JEFFREY S. SAENGER, 0000 STEPHEN A. SUK, 0000 TRACEY E. WEIR, 0000 STEWART M. SAMUEL, 0000 JAY SYNN, 0000 CHRISTOPHER T. WELSCH, 0000 HELEN K. SAVA, 0000 SHRIKANT K. TAMHANE, 0000 DAVID J. WILKIE, 0000 TIMOTHY E. SAWYER, 0000 PAUL A. TAPIA, JR., 0000 NEAL W. WILKINSON, 0000 MICHAEL J. SCHIFANO, 0000 ALFRED J. TERP, 0000 BEN D. WILLIAMS, 0000 THOMAS K. SCHREIBER, 0000 GREGORY P. THIBAULT, 0000 BRADFORD J. WILLIAMS, 0000 RANDY C. SEXTON, 0000 JAMES S. THOMPSON, 0000 CLARK H. WILLIS, 0000 RICHARD P. SHEA, JR., 0000 JENNIFER C. THOMPSON, 0000 JEFFREY J. WILLIS, 0000 JOLENE SHUMAN, 0000 STACY L. THORNTON, 0000 CHRISTOPHER J. WILSON, 0000 STEVEN D. SIDES, 0000 NATHAN TILLOTSON, 0000 WILLIAM T. WINSLOW, 0000 DAVID A. SIEGEL, 0000 MICHAEL L. TITZER, 0000 MARSHAL A. SILVERMAN, 0000 ALFREDO B. TIU, 0000 CLAGETT A. WOLFE, JR., 0000 DANIEL E. SIMPSON, 0000 JEANNE K. TOFFERI, 0000 PETER W. WONG, 0000 MICHAEL H. SMYTH, 0000 GLORIA T. TORRES, 0000 FRANKLIN H. WOOD, 0000 APRIL M. SNYDER, 0000 CHRISTOPHER D. TUMPKIN, 0000 JOSEPH C. WOOD, 0000 JACK J. SOBRIN, 0000 JAMES TURONIS, 0000 VIRGINIA D. YATES, 0000 DOUGLAS R. SOMMERS, 0000 ERWINA Q. UNGOS, 0000 LISA L. YEARWOOD, 0000 DOUGLAS M. SORENSON, 0000 IRA D. URETZKY, 0000 CAROL R. YOUNG, JR., 0000 JEFFREY R. SPINA, 0000 PETER M. VANDERMEID, 0000 JOAN H. ZELLER, 0000

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FEDERAL EMPLOYEE HEALTH arate health care plan. Then, in 1993, the FED in the RECORD this statement by a high school CARE PROTECTION ACT OF 1997 elected to abandon this health care experi- student from Canaan Memorial High School in ment and offer its employees only FEHB Vermont, who was speaking at my recent HON. DAN BURTON health care options. However, under current town meeting on issues facing young people. OF INDIANA law, all employees must have 5 years of con- tinuous enrollment in the FEHB Program to Mr. HOULE: Congressman Sanders, imagine IN THE HOUSE OF REPRESENTATIVES carry their health benefit coverage into retire- if you will a world where you have personal Tuesday, June 10, 1997 choice and freedom to express your inner ment. As a result a number of employees who thoughts and soul through forms of art and Mr. BURTON of Indiana. Mr. Speaker, I am retired during the years when the FED had its media. It would be a world where if someone pleased to introduce today, H.R. 1836, the own health care system, and some employees was offended, they would make the choice Federal Employee Health Care Protection Act currently approaching retirement, are not eligi- not to listen, but they would not try to sup- of 1997. This is significant legislation for our ble for FEHB coverage. The FDIC faces a press your right to express it. In this world Federal employees and taxpayers because it similar situation because it plans to eliminate everyone respects an individual’s right to will help strengthen the integrity and standards its alternative health insurance plan at the end free expression and speech. of the Federal Employees Health Benefit of 1997, and go with FEHB options. Without Recently K-Mart has said they refuse to [FEHB] Program, and allow it to maintain its this legislation, the FDIC and the Board will sell CDS with offensive lyrics. This is bla- reputation as a high quality and cost-effective have to establish a non-FEHB plan for those tant censorship. When someone tries to take program. H.R. 1836 includes three main provi- employees who are ineligible for coverage. away your right to hear something, it is cen- sions that will improve and protect the FEHB This would be administratively burdensome sorship. Program. First, it gives OPM better tools to and costly to these Federal agencies and, ulti- There have been many incidents in the deal swiftly with health care providers who try mately, to taxpayers. Under this proposal, United States recently in which censorship to defraud or abuse the FEHB Program, sec- these ineligible employees would be offered has become a factor. For example, in Arizona FEHB coverage at no additional cost to the Newt Gingrich calls for the closing of the ond, it requires full disclosure of discounted Government. Flag Art Exhibit. In Florida a Cuban schol- rate agreements between health care provid- The third key provision in this bill would re- ar’s visit was canceled after a citizens pro- ers and health benefit carriers to prevent the quire FEHB carriers and their subcontractors test. In Utah a printing company refused to fraudulent use of such discounts, and third, it to disclose in writing any discounted rate con- reproduce photos for a women’s magazine. In provides the same Federal health benefits tracts with health care providers. If carriers do Michigan a ‘‘Where Do Queers Come From’’ exhibit at a local college was closed. And fi- coverage for Federal Deposit Insurance Cor- not include the required disclosure, they will poration and Federal Reserve Board employ- nally in Kentucky, ‘‘Blasphemous art’’ be prohibited from accessing discounts. I be- caused an outcry at the University of Ken- ees that other Federal employees have. lieve that this language is necessary because The FEHB Program is the largest employer- tucky. In school libraries Ernest Heming- it will eliminate the practice of silent preferred way’s novels are banned as are several good sponsored health insurance system in the provider networks [PPO's]. Under conventional pieces of literature. Around the world films country. In 1997, the $16 billion FEHB Pro- PPO arrangements, networks offer enrollees are banned and are censored. Film festivals gram will insure more than 9 million Federal discounted fees to use network providers, or and exhibitions are censored as well. employees, retirees, and their dependents. preferred providers. However, under silent Our grounds for this censorship is broad Partial portability, no preexisting condition limi- PPO's, these discounts are being applied to and well-defined, but are speculative and tation, and an annual open enrollment period patients that are not contractually covered by opinionated. Unfortunately, opinions vary are facets of the FEHB Program that make it the PPO network. I have great concerns over and freedom of speech is a right, but unfortu- an extremely attractive health care system. the ethics and legality of the practice of these nately rights are being ignored and opinions The free enterprise-based program has effec- types of organizations. The effect of such are preordained. tively contained costs through private sector practices is to reduce carriers' free market As you can see, censorship is alive and well competition with limited governmental inter- bargaining power. It also undermines the in America where our First Amendment vention. The program is often cited as a model value of, and jeopardizes the expansion of, le- right is supposed to be enforced. It has got- of efficiency and effectiveness that the private gitimate PPO networks. According to the ten so bad around the world that the life of sector and the public sector should attempt to American Hospital Association, discounts paid Salman Rushdie was threatened for writing replicate. The bill I introduced today will im- to silent PPO's may account for as much as The Satanic Verses. It’s gotten so bad that prove the program and its performance, with- $1 billion in costs for providers throughout the we’ve had to turn to a porno king, Larry industry. This type of abusive practice should Flynt as a savior of the First Amendment out changing the market principles that are the right. key to the program's success. not be allowed in the health care arena, and One of the most important provisions of this I believe that the language in this bill will ad- Basically what it comes down to is if it of- bill addresses the debarment of health care dress this problem and protect providers, pa- fends you, you can always turn the other cheek. Pornography even has its value. Some providers engaging in fraudulent practices. tients, and legitimate PPO's. I believe that the changes made in this leg- people just cannot live without their pornog- This provision would strengthen the ability of raphy, and if it was not for pornography they OPM to bar FEHB Program participation by, islative proposal are important to help improve could be doing much worse things. and strengthen the FEHB Program. I urge my and impose monetary penalties on, health If you deny someone’s right to see some- care providers in the FEHB Program who en- colleagues to join me in supporting this essen- tial legislation. thing or say something that they want to gage in professional or financial misconduct. say, that eventually they are just going to Under this bill, the administrative sanctions au- f explode. thority would conform more closely with the STATEMENT BY PATRICK EDWARD I myself do not want a burned flag, but I Medicare Program, particularly with regard to HOULE, CANAAN MEMORIAL think if someone wants to protest that way grounds for imposing sanctions and the gen- HIGH SCHOOL, REGARDING CEN- it should be allowed because I know myself I eral availability of post-termination appellant SORSHIP AND EDUCATION do not pledge allegiance to the flag, I pledge rights. allegiance to the country. Another important component of this bill is HON. BERNARD SANDERS In conclusion, one can censor a work of art that it would provide consistent health benefit but not the idea. The idea will fester and OF VERMONT coverage for employees of the Federal Re- come out in a much more explosive, some- IN THE HOUSE OF REPRESENTATIVES serve Board [FED] and the Federal Deposit In- times more violent way. Tuesday, June 10, 1997 surance Corporation [FDIC]. A number of Thank you for your time, Congressman years ago the FED decided to drop out of the Mr. SANDERS. Mr. Speaker, for the benefit Sanders. We hope you help us fight for the FEHB Program and offer its employees a sep- of my colleagues, I would like to have printed cause in your position of leadership.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor. E1154 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 HONORING ST. MARTIN OF TOURS an announced patriotic theme. This year's when she arrived from Italy, when she re- SCHOOL AS A BLUE RIBBON theme, ``DemocracyÐAbove and Beyond,'' at- turned to Ellis Island seventy-four years SCHOOL tracted over 109,000 students to participate in later, she came with eighty-one American descendants. In the 1960’s the power of the the competition nationwide. freedoms of democracy was brilliantly dis- HON. LOUIS STOKES The Voice of Democracy Scholarship Pro- played, as lights of unity and hope beamed OF OHIO gram was started 50 years ago by the Na- forth from Martin Luther King, Jr. And his IN THE HOUSE OF REPRESENTATIVES tional Association of Broadcasters, the Elec- followers in their peaceful demonstrations tronic Industries Association, and the State against segregation. And in 1985, the respon- Tuesday, June 10, 1997 Association of Broadcasters, with the endorse- sibilities of democracy unveiled lights of Mr. STOKES. Mr. Speaker, I rise to honor ment of the U.S. Office of Education. Starting goodwill and service in forty-five music ce- St. Martin of Tours School in Maple Heights, in the 1958±59 program year, the Veterans of lebrities who gathered together to record: ‘‘We Are The World’’ and donate the album’s OH, of my district, for being selected as a Foreign Wars became a secondary sponsor in earning (almost $62 million) to the poverty- Blue Ribbon School. I would also like to rec- cooperation with other sponsors. stricken nations of Africa. Now think, for a ognize the school's principal, Mrs. Rozann Mr. Speaker, I would like to highlight a part moment, about a time when you gathered to- Swanson, M.A.Ed., for the excellent leadership of Sanjay Sharma's well-written essay on de- gether with others of the good of a common she has provided to the St. Martin of Tours mocracy. cause. The warmth and belonging you felt academic community. This year, the U.S. De- Democracy is a form of government above was the warmth of a ray of inner light shin- partment of Education gave this prestigious and beyond all other forms of government ing from one of the opened windows inside of because democracy explores our human es- you—opened by the power of democracy. award to only 263 public and private elemen- The sands of time are piled in our hands, as tary and middle schools across the Nation in sence. Democracy explores what it means to be an American and what makes each and memories are being made in our present day recognition of their effectiveness in meeting every one of us who we are and who we can and age. In Missoula, Montana, when the local, State, and national education goals. be. The United States of America has children needed a merry-go-round, Chuck St. Martin of Tours School is very deserving emerged as a pillar among nations, through Kaparich started to carve the horses himself, of this distinguished achievement. As we seek the 220 years of ups and downs of its char- and as the contagious democracy spread, to improve education across the Nation, this ismatic history. You can’t help but realize soon schoolkids had collected one million pennies and grown-ups assisted in the carv- school serves as a model of educational ex- that there has got to be something special about this democracy business. The power of ing. After four years of communal effort, cellence. St. Martin of Tours School won the Missoula has one heck of a merry-go-round. democracy delves into our hearts, our minds, Blue Ribbon Award because of its high aca- As a little girl performs with her class in and our inner beings, revealing to us, that their first school pageant, singing her heart demic standards, warm and nurturing environ- Destiny, Fate, and Choice are all the same out, a tear of joy falls from her parent’s eye. ment, innovative programs and methods of in- breeze that floats over eternity and turns The joyous teardrop—a beautiful symbol of struction, as well as parental involvement. This the windmill of our lives. is a school where faculty, staff, students, and the efforts, choices, and qualities which illu- I am including the entire text of Sanjay minate democracy. A grandmother and parents join together in community to ensure Sharma's essay on democracy for the grandfather look high into the blackness of that the students are fully equipped for suc- RECORD. All of us in the Seventh Congres- the night sky as a rocket scoots upwards, cess in our changing global economy. sional District of Illinois are rightfully proud of then disappears beyond the stars, only to At St. Martin of Tours School, instruction is Sanjay Sharma. burst forth in a fountain of blazing reds and based on the goals of fully engaging the inter- blues, in the true fashion of a Fourth-of-July est, thinking, and participation of students. Ac- ‘‘DEMOCRACY—ABOVE AND BEYOND’’ firework. As the night sky is lit up in cele- tive learning lessons allow students to gain (By Sanjay Sharma) bration, there is, for a moment, a twinkle in their eyes—a symbol of the light with which knowledge and understanding of subject mat- Democracy is a form of government above and beyond all other forms of government democracy guides America. ter by doing, acting, inquiring, and discovering. because democracy explores our human es- As we look toward the future, we are awed Teaching is respected as an art, and instruc- sence. Democracy explores what it means to by the dawn of a new century—the 21st cen- tion is approached as much more than simply be an American and what makes each and tury. The younger generations of Americans imparting factual information. Faculty serve as every one of us who we are and who we can now must grow with democracy and kindle facilitators for their classes and carefully guide be. The United States of America has their own inner lights of unity, hope, and their students intellectual growth. Additionally, emerged as a pillar among nations, through leadership shining in democracy’s freedoms, the 220 years of the ups-and-downs of its responsibilities, and opportunities. the school's curriculum is focused on building In its wonderful uniqueness, democracy students' critical thinking and problem solving charismatic history. You can’t help but real- ize that there has got to be something spe- finds a balance between absolute freedom skills. cial about this democracy business. The and absolute control. The guiding light of de- Mr. Speaker, I want to extend my best wish- power of democracy delves into our hearts, mocracy shines above and beyond, showing es to St. Martin of Tours School and offer con- our minds, and our inner beings, revealing to us that even freedom does not come free; gratulations to the students, faculty, and ad- us, that Destiny, Fate, and Choice are all the freedom and opportunity demand our devo- ministration of St. Martin of Tours School in same breeze that floats over eternity and tion and perseverance—in turn, democracy turns the windmill of our lives. challenges us to use our talents, ideas, and Maple Heights, OH, for their dedication, lead- skills, to carry the nation to its greatest po- ership, and standards of excellence. Inside each one of us there burns a flame of love, hope, and leadership; and from that tential. f flame, there shines a light of character and f A CONGRATULATORY STATEMENT personality. This light, inside each of us, is HONORING HEMPFIELD HIGH TO SANJAY SHARMA enveloped by a cocoon of windows that are enclosed by shutters. One by one, Democracy SCHOOL STUDENTS COMPETING throws up those shutters, opens those win- IN THE ‘‘WE THE PEOPLE’’ HON. DANNY K. DAVIS dows, and allows the light within us to shine FINALS OF ILLINOIS forth. Bringing freedom, responsibility, and op- IN THE HOUSE OF REPRESENTATIVES portunity into our lives, democracy chal- HON. JOSEPH R. PITTS Tuesday, June 10, 1997 lenges us to live up to our greatest individ- OF PENNSYLVANIA Mr. DAVIS of Illinois. Mr. Speaker, I rise to ual potential and pool our talents and ideas IN THE HOUSE OF REPRESENTATIVES together as a nation, in harmony and Tuesday, June 10, 1997 congratulate Sanjay Sharma, a junior at St. Ig- progress. And truly the glories of democracy natius College Prep in Chicago, IL, who has guiding our inner strengths are exhibited in Mr. PITTS. Mr. Speaker, today I would like been named a national winner for the 1997 the events of our past and present and the to honor several students from Hempfield High Voice of Democracy Program for the State of prospects for our future. School in Lancaster County, PA who have re- Illinois, and the recipient of the $2,500 Troy Throughout history, an American legacy cently traveled to Washington to compete in and Sandy Rothbart Memorial Scholarship has taken shape from the past wonders of de- the ``We the People . . . The Citizen and the Award. Sanjay, who lives in Elmwood Park is mocracy. In the early foundations of the Constitution'' national finals. United States, the opportunities of democ- the son of Ms. Prabha Sharma. racy brought out a light of innovation and These Hempfield studentsÐwho were part Sanjay was sponsored by the Veterans of pioneering in the millions of immigrants of teacher Elaine Savukas's advanced place- Foreign Wars Post 1612 in Chicago, IL. The who came from around the world and an- ment government classesÐwon first and sec- program requires high school student entrants swered democracy’s call by helping to build ond place in the Pennsylvania ``We the Peo- to write and record a 3- to 5-minute essay on America. Esterian Mazzuca was a little girl ple'' contest. June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1155 The ``We the People'' competition tests stu- Commerce. Under Cathy's dynamic leader- I join with the Berkshire, Hampden, Hamp- dents' knowledge of the Constitution and the ship, the chamber strengthened the ties be- shire, and Franklin Bar Associations, as well Bill of RightsÐthe two historic documents on tween businesses and residents in the city of as the Massachusetts Bar Association, in sa- which the country was founded. San Fernando. She will be a tough act to fol- luting Judge Sacco for his 23 years of dedi- I cannot emphasize enough the positive im- low. cated service. I join with the members of the pact that gaining a solid understanding of the Anyone who knows CathyÐand there are a legal community in recognizing his achieve- Constitution and the Bill of Rights will have on lot of usÐis not surprised by her successful ments and in hoping that he will continue to these gifted students. tenure as chamber president. She is a very offer his talents to western Massachusetts and It is vital that America's students follow the hard worker, as well as a regular presence at the court system. lead of those who so diligently studied, business and community events throughout the San Fernando Valley. I am amazed at her Probate Judge Rudolph A. Sacco serves as learned, and competed in the ``We the Peo- an inspiration to his community and the up- ple'' national finals. By taking part in the com- energy and impressed by her dedication. The San Fernando Chamber is only one of coming crop of members of the bench. I would petition, the Hempfield participants are true like to express my best wishes to Judge winners. Their work will benefit them and their many organizations to have been the bene- ficiaries of Cathy's leadership skills over the Sacco and his family at this special time. His communities long into the future. contributions will never be forgotten. Mr. Speaker, I want to congratulate the gov- years. For example, she is also on the board of directors of the Valley Industry and Com- ernment students from Hempfield High School merce Association; a member of the Commu- f and we wish them the best in their futures. nity Advisory Board of El Nido Family Serv- f ices, San Fernando Valley; president of So- AMERICAN CANCER SOCIETY— ORANGE COUNTY RELAY FOR LIFE TRIBUTE TO DR. JEFFREY roptimist International, San Fernando Valley; MEILMAN and a member of the board of directors of New Directions for Youth. In addition to her outside activities, Cathy is HON. LORETTA SANCHEZ HON. JACK QUINN district manager for the Southern California OF CALIFORNIA OF NEW YORK Gas Co., where she plays a key role in strate- IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES gic planning and implementation, financial Tuesday, June 10, 1997 management and marketing and advocacy. In- Tuesday, June 10, 1997 deed, the gas company is fortunate to be rep- Mr. QUINN. Mr. Speaker, I rise today to pay resented by a person as devoted and person- Ms. SANCHEZ. Mr. Speaker, I rise today to tribute to Dr. Jeffrey Meilman. For almost 70 able as Cathy. address my colleagues about an issue that af- years, Variety Clubs International and their I ask my colleagues to join me today in sa- fects every family in this country. I am certain thousands of members worldwide have led the luting Cathy Maguire, whose selflessness and that all of you have a friend or relative, as I fight to aid sick and handicapped children. Va- spirit are an inspiration to us all. I am proud do, that has been afflicted by the scourge of riety Clubs legendary fundraising efforts have to be her friend. cancer. Cancer is a disease that does not dis- helped build hospitals, schools, and play- f criminate, it strikes every race, every eco- grounds bringing countless untold joy to young nomic level, every age, and every ethnic people and their families. TRIBUTE TO JUDGE RUDOLPH A. group. In 1997 alone we can expect over Each year Variety Clubs holds an Inter- SACCO 130,000 new cases of cancer to be diag- national Convention to share new ideas and nosed, and that will be in the State of Califor- give special recognition to those individuals HON. JOHN W. OLVER nia alone. who have merited distinguished achievement. OF MASSACHUSETTS However, in the war against cancer, we are This year, one of my constituents, Dr. Jeffrey IN THE HOUSE OF REPRESENTATIVES beginning to see success. Effective and dedi- Meilman, was honored with Variety's Sir Tuesday, June 10, 1997 cated organizations such as the American James Carreras Award. This prestigious honor Cancer Society are leading the fight in the bat- recognizes those physicians whose dedication Mr. OLVER. Mr. Speaker, balancing the tle for a cure. For the first time in history, over- and skills in pediatric medicine is truly excep- scales of justice is often a very difficult task. The work of a judge is demanding, complex, all death rates from cancer are actually declin- tional. and difficult, and it takes a very rare breed to ing, and with an enhanced nationwide effort, Dr. Meilman has provided plastic surgery to handle the job successfully. the cancer death rate could be cut in half by countless children throughout the world, many I am honored to have such a judge within the year 2015. A major part of that nationwide times at his own expense. The result is that the First Congressional District of Massachu- effort is the contribution of the Orange County through the skillful hands and extraordinary setts. During his 23 years on the bench, Pro- American Cancer Society, which served over care provided by Dr. Meilman, children in the bate Court Judge Rudolph A. Sacco has admi- 5,000 cancer patients in the county last year. United States, China, Poland, and throughout rably served the citizens of western Massa- the Third World have had the opportunity for On June 20 and 21, 1997, the Orange chusetts. County American Cancer Society will hold its their physical health and emotional well being A Boston College and Suffolk Law School annual Relay for Life to raise awareness of to be restored. graduate, Judge Sacco has never forgotten the disease and call attention to the work of Mr. Speaker, today I would like to bring Dr. where he comes from. As an alumnus of Pitts- the American Cancer Society. Community col- Meilman's superlative achievements to the at- field High School, Judge Sacco returned to tention of my colleagues in the House, and Berkshire County with his degrees, prepared leges from around Orange County will host ask that they join me in expressing our heart- to give back to the community. teams of runners and walkers competing felt appreciation to Dr. Jeffrey Meilman and After some years in private practice, Judge against each other to raise money for cancer Variety Clubs International. May they continue Sacco was appointed as a special probate research. Each team will field from 15 to 20 to work together to utilize their God-given tal- judge in 1973. He flourished in that part-time runners. For 18 hours, one team member will ents to save the lives of so many of our chil- position, and was named a full judge in 1979. be on the track at all times, walking, jogging, dren. As probate judge, Rudolph Sacco has or wheelchairing in 30-minute intervals. During f logged thousands and thousands of miles the race an all night vigil entitled ``The Mile of traveling the beautiful landscape of western Hope'' will take place to honor cancer survi- TRIBUTE TO CATHY MAGUIRE Massachusetts. His territory not only covered vors and those who have lost their battles his home Berkshire County, but Hampshire, against cancer. The Relay for Life is sure to HON. HOWARD L. BERMAN Hampden, and Franklin Counties as well. But be an enlightening and consciousness raising OF CALIFORNIA Judge Sacco has done much more for his event. It is the only relay event that raises IN THE HOUSE OF REPRESENTATIVES community than doling out justice. In 1957, money for the American Cancer Society in Or- HeÐalong with his wife, the former Katherine ange County. I am pleased to call attention to Tuesday, June 10, 1997 TurschmannÐfounded Camp Karu, a day the event and I wish to commend the Orange Mr. BERMAN. Mr. Speaker, I am honored to camp for area children. County American Cancer Society for its work pay tribute to my good friend Cathy Maguire, Judge Sacco is also a proud father and on behalf of our families. I look forward to its who has just completed a 1-year term as grandfather, and has been an inspiration to his continued efforts in the areas of cancer re- president of the San Fernando Chamber of family. search, education, advocacy, and service. E1156 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 DEATH OF AUDLEY ‘‘QUEEN of economic reparations. She later organized tions. Dr. Lazarus is currently president of the MOTHER’’ MOORE and directed the Reparations Committee of Society of Investigative Dermatology, as well Descendants of United States Slaves. as a member of the American Society for Clin- HON. CHARLES B. RANGEL One of her last public appearances was at ical Investigation and the American Associa- OF NEW YORK the Million Man March in Washington, DC. Al- tion of Physicians. IN THE HOUSE OF REPRESENTATIVES though weak, her poignant speech was deliv- Mr. Speaker, throughout his long and suc- ered by an associate. Her presence was cessful career Gerald Lazarus had shown him- Tuesday, June 10, 1997 strongly felt and appreciated. self to be a great asset to every prominent Mr. RANGEL. Mr. Speaker, I rise to pay re- Queen Mother Moore's contributions have academic institution with which he has been spect and tribute to Audley Moore, affection- had a substantial impact on the lives of Afri- affiliated. This is certainly true of his tenure at ately known as Queen Mother Moore, who cans and African-Americans. She has served the UC Davis School of Medicine. died in a Brooklyn nursing home on May 2 at as an inspiration to many and will be greatly On the occasion of his departure from the the age of 98. She was given the honorary missed. I send my deepest condolences to her dean's office at the UCD Medical School, we title of ``Queen Mother'' by an Ashanti tribe in son, Thomas, grandchildren, and great-grand- ask our colleagues to join us in saluting Ger- Ghana. child. ald S. Lazarus, M.D., a remarkable educator, Mother Moore lived a long and active life, f physician, and citizen. Let us wish him every dedicated to public service and improvement success in his future academic endeavors. of the lives of African-Americans. Born on July TRIBUTE TO DR. GERALD S. f 28, 1898 in New Iberia, LA, to second genera- LAZARUS tion freed blacks, she became a revered pub- STATEMENT BY SANU MISHRA, lic figure in Harlem, best known as an advo- HON. VIC FAZIO BRATTLEBORO HIGH SCHOOL, REGARDING SWEATSHOP LABOR cate for Africa and African-Americans. Moore's OF CALIFORNIA ideas and teachings of Pan-African National- ism was influenced by great political personal- HON. ROBERT T. MATSUI HON. BERNARD SANDERS ities such as W.E.B. DuBois and Marcus Gar- OF CALIFORNIA OF VERMONT vey. As a civil rights activist, Mother Moore IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES worked on the defense of the Scottsboro boys. Tuesday, June 10, 1997 Tuesday, June 10, 1997 Internationally, she spoke on her disapproval Mr. FAZIO of California. Mr. Speaker, my of the Italo-Ethiopian war. Mr. SANDERS. Mr. Speaker, for the benefit ``I am not a part-time struggler,'' she once colleague, Mr. MATSUI, and I rise today to pay of my colleagues I would like to have printed said. ``I'm in the movement for the liberation of tribute to Dr. Gerald S. Lazarus, who is step- in the RECORD this statement by a high school African people full-time, 7 days a week, 24 ping down as dean of the School of Medicine student from Brattleboro High School in Ver- hours per day, for life.'' at the University of California at Davis, a posi- mont, who was speaking at my recent town Her career was influenced by the violence tion he has held since 1993. meeting on issues facing young people. A graduate of Colby College and the School and hatred she endured as a young child and Ms. MISHRA: Good morning, Congressman young woman. While in the fourth grade, of Medicine at the George Washington Univer- Sanders. I have come here today to speak Moore's parents died and thus ended her for- sity, Dr. Lazarus has established an outstand- about the issue of sweatshops. mal education. During World War I while in ing reputation in the field of dermatology. His The dictionary defines a sweatshop as a work within this discipline includes a residency factory where workers work long hours for Alabama, Moore was a volunteer nurse who low wages under unwholesome conditions. involved herself in the first of her movements at the University of Michigan, as well as the position of chief resident in dermatology at You know as well as I that this type of work for the equality of blacks by organizing support exists today and it is being used by many services for black soldiers that were denied by Harvard Medical School from 1969 until 1970. rich and famous companies. I would like to the Red Cross. From 1975 until 1982, Dr. Lazarus held the focus on one particular company, Disney, Mother Moore was drawn to the idea of post of chairman of the division of dermatol- and its factories in Haiti. black nationalism and economic independence ogy at the Duke University Medical Center. Disney exploits thousands of people in by the oratory of Marcus Garvey, founder of Following his time in North Carolina, Dr. Laza- Haiti every day. It hires the Haitian people rus was the Milton B. Hartzell Professor and to work in its sweatshops, paying them only the Harlem-based Universal Negro Improve- 28 cents an hours, requiring them to strive ment Association. She became an active Chairman of Dermatology at the University of Pennsylvania School of Medicine in Philadel- toward fairly impossible quotas and keeping member of the organization, and founded the them from ever being able to change their Harriet Tubman Association to better the con- phia from 1982 until 1993. conditions. ditions of black women. Through this organiza- In 1993, Dr. Lazarus, by then a nationally How much responsibility does a company tion, Moore advocated issues such as higher known figure in academic medicine, assumed like Disney have for the wellbeing of its em- wages, better education, and the lowering of the high position of dean of the School of ployees? According to the United States gov- food prices to help improve the conditions of Medicine at UC Davis, and professor in the ernment the responsibility is large. Cor- departments of dermatology and biological porate codes of conduct guarantee the the poor. Following her brief membership in human rights of any person working for a the Communist partyÐat the time, the only or- chemistry. Dr. Lazarus' leadership at Davis quickly enhanced the medical school's already U.S. company be it in the U.S. or abroad. ganization that accepted her radical ideasÐ Trade benefits are given to Disney by the she focused her attention on seeking eco- superior academic standing. U.S. and Haiti on the condition that there is nomic reparations for descendants of the vic- In March 1996, Dr. Lazarus accepted the respect for human rights, but while Disney tims of slavery, cultural identity, and edu- UC Davis Annual Affirmative Action and Diver- enjoys the tax exemptions, it doesn’t live up cation. She launched a national campaign in sity Achievement Award, a worthy recognition to its part of the bargain. 28 cents an hour is support of economic reparations. Moore be- of his steadfast commitment to diversity not a living wage. Disney knows this, its among medical students. manufacturers know this. While it may in- lieved that economic reparations were the first deed be the minimum wage in Haiti, we must constructive step in black nationalists ideology. Also in 1996, Dr. Lazarus' alma mater hon- ored him in Washington, DC, with the George ask ourselves is it enough for a person to As an orator, her rhetoric on this issue was survive? powerfulÐ Washington University's Distinguished Alumni If you believe as does Disney that it is not Ever since 1950, I’ve been on the trail fight- Achievement Award. This distinction acknowl- an essential, that it is an essential part of ing for reparations. They owe us more than edged his ascension to the very highest levels everyday life to eat, that education isn’t im- they could ever pay. They stole our lan- of academic medical excellence. portant and that diseases such as malaria guage; they stole us from our mothers and While administering one of the Nation's fin- and dysentery can be fought off without even fathers and took our names from us. They est medical schools, Dr. Lazarus has also medicines then 28 cents is more than enough. worked us free of charge 18 hours a day, 7 found time to author extensive scholarly publi- But if you would agree that living on sugar days a week, under the lash for centuries. We cations in numerous academic journals. He water, going to bed hungry and being in con- stant debt is unfair and not right, then you lost over 100 million lives in the traffic of has penned more than 125 original papers, in- slavery. would side with the Haitian workers. cluding a number of books, during an amaz- The average Haitian Disney employee after In 1962, Mother Moore met with President ingly prolific career. paying off all her debts she possibly can John F. Kennedy, the United Nations, and the His leadership also extends to a variety of comes home to her family with little more Congressional Black Caucus about the issue professional medical and scientific associa- than $3 in her pocket. Keep in mind that the June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1157 cost of living in Haiti is just about the same named Gesu Catholic School a Blue Ribbon THE CASE FOR A MUCH SMALLER as it is in the U.S. Imagine having to survive School. This prestigious award is given to MILITARY on $3 a week, 44 cents a day. 44 cents cannot schools in recognition of excellence in teach- buy a can of Campbell’s soup, it cannot buy the $2 used pair of shoes that one of your ing and learning. As one of only 263 public HON. BARNEY FRANK children is in desperate need of. and private elementary and middle schools OF MASSACHUSETTS The Haitian workers are not being extrava- across the Nation to receive this honor, Gesu IN THE HOUSE OF REPRESENTATIVES gant in their requests, asking for a 30 cent Catholic School should be commended as Tuesday, June 10, 1997 pay raise from 28 to 58 cents an hour. Right should its principal, Sister Mary Reiling, SND, now the workers are receiving less than one for her strong leadership to the Gesu aca- Mr. FRANK of Massachusetts. Mr. Speaker, half of one percent in the total cost of the demic community. in the June 23d issue of Fortune magazine, merchandise they make, earning 7 cents for Gesu Catholic School has a strong reputa- Doug Bandow of the Cato Institute has a con- every $11.99 pair of Pocohontas pajamas they tion for excellence in teaching and learning, cise coherent and persuasive statement of the sew. If granted their request they would be case for a substantial reduction in U.S. military earning 9 cents out of every $11.97 pair of pa- family involvement, as well as a longstanding commitment to social justice and community spending. At a time when we are facing dras- jamas they sew; that is a two cent difference. tic measures in various places to meet the This would still leave Disney, the contrac- outreach. In fact, every Gesu student partici- widely shared goal of a balanced budget, we tors and Walmart with over 99 percent of the pates in the gifted/enrichment program and is profit. expected to achieve their maximum potential. can afford even less than before tens of bil- Disney can afford to give a pay rise for its Through a well rounded academic curriculum, lions of dollars in unnecessary military spend- ing. As Mr. Bandow notes, ``the bulk of the Haitian workers. It pays its CEO, Michael supportive learning environment, and class- Eisner over $10,000 an hour; $10,000 compared Pentagon budget continues to fund Washing- room experience that has been expanded be- to 28 cents. It would take a worker in Haiti ton's Cold War alliances. For example, yond school walls, Gesu is helping its students sewing Disney clothes 14 and a half years to through the North Atlantic Treaty Organization, gain a clear understanding of academic sub- earn what Michael Eisner earns in one hour, 100,000 U.S. soldiers stand guard lest phan- jects and is teaching them to effectively and and 29,000 years to earn what he earns in one tom Soviet divisions invade Europe * * * the year. appropriately apply their knowledge to real ex- final refuge of those who support big military Finally, raising the wages of the Haitian periences. workers would not only be beneficial to the Secretary Riley honored Gesu Catholic budgets is `leadership'. As Newt Gingrich puts workers themselves but to U.S. residents as School because it provides students with a it, `you do not need today's defense budget to well. A person earning 28 cents an hour who safe, disciplined, and drug-free environment in defend the United States. You need today's cannot even afford to feed her own family which to pursue a challenging and rigorous defense budget to lead the world'.'' cannot afford to buy products made in the The notion that the United States must academic experience. Gesu is a Blue Ribbon U.S. spend tens of billions of dollars a year for no School because of the hard work of its stu- I urge you, Congressman Sanders to look valid military purpose but simply to enhance dents, the staunch commitment of its faculty into the dealings of Disney in Haiti; I urge our world leadership, as Mr. Bandow goes on you to put pressure on companies such as and staff, and the continued support of its par- to point out, is simply wrong. Few dispute the Disney to stop the use of sweatshops; I urge ents and graduates. importance of the United States being by far you to get Disney to live up to its respon- Mr. Speaker, I am very pleased to com- the strongest military power. What we are dis- sibilities as an employer. The Haitian people mend the faculty, staff, students, and parents deserve better. puting is the need for us to spend tens of bil- of this fine academic institution. By joining In the case of Disney I know that in Grand lions per year beyond what it takes to maintain their efforts together, the Gesu academic com- Rapids there is a factory and Disney moved that position for the nebulous privilege of lead- munity is providing a tremendous education its company overseas and a lot of people in ership which, according to some apparently, for many students in my district. Grand Rapids lost their jobs. They had been we must purchase from our wealthy allies by working there for 20 years, as much as 20 f years, and now they are without jobs, work- subsidizing them. ing at McDonald’s or whatever they can find. OCC PROF. JAMES MACKILLOP Indeed, in the New York Times for June 4, The problem is so immense and when I was STEPS DOWN AS PRESIDENT OF an article noted that the Japanese plan to deal researching I found that our tax money is AMERICAN CONFERENCE FOR with their budget deficit by, among other going towards helping executives and busi- IRISH STUDIES things, further reducing their already very ness people in Haiti continue these sweat- small military budgetÐsecure, no doubt, in the shops and I think that needs to be stopped. knowledge that the United States taxpayers And I think that even though we have laws, HON. JAMES T. WALSH will provide. the corporate codes of conduct, et cetera, OF NEW YORK I ask that Mr. Bandow's very thoughtful arti- they are not being followed, so we need peo- IN THE HOUSE OF REPRESENTATIVES ple to watch out over these companies be- cle be printed for the edification of Members cause obviously these companies are not Tuesday, June 10, 1997 as we debate the budget. doing it themselves. Mr. WALSH. Mr. Speaker, today I ask my THE CASE FOR A MUCH SMALLER MILITARY Citizens, consumers can watch what they colleagues to join me in congratulating James (By Doug Brandow) are buying if they see something made from MacKillop as he steps down from his role of How big a military does the U.S. need? The Disney, look at where it is made, and if it is president of the American Conference for Irish Pentagon, which recently completed its made in Haiti you know these people are once-every-four-years review, thinks we need working for so long and have such hard hours Studies. Professor MacKillop is in the English De- pretty much everything we’ve got. It pro- and they are not earning anything. They do poses that we preserve the current force not even have enough food to eat. You have partment of Onondaga Community College. structure, pare manpower levels slightly, to consider that. The clock is really nice, but He has led with great energy and devotion a and allow inflation to slowly erode overall do you really want to support a sweatshop in cultural group which conducts six scholarly expenditures—all as if the Cold War had Haiti? meetings a year, awards three book prizes of never ended. In reality, the nation’s defense f $500 each per year, and distributes publica- needs have changed very dramatically in re- tions on Irish civilization in all its aspects. cent years. The President and Congress HONORING GESU CATHOLIC With more than 1,600 members in the Unit- should ignore the Pentagon’s wish list and SCHOOL AS A BLUE RIBBON ed States, Canada, and Ireland and a dozen cut military spending much more deeply by SCHOOL more than a third. other countries, the ACIS touches on a di- Military spending is the price of our for- verse range of instruction, from women's stud- eign policy, and after world War II that pol- HON. LOUIS STOKES ies to archeology to discussions of recent Irish icy was dictated by the threat of an aggres- OF OHIO cinema. sive Soviet Union and its satellites. All told, America spent more than $13 trillion (in to- IN THE HOUSE OF REPRESENTATIVES Professor MacKillop is well known in my dis- trict for his association with our shared Irish day’s dollars) to win the Cold War. But start- Tuesday, June 10, 1997 heritage as well as for his excellence in aca- ing in 1989, all the old assumptions collapsed. The Central and Eastern European states Mr. STOKES. Mr. Speaker, Mr. I rise to rec- demic pursuits at our prized community col- overthrew communism, the Berlin Wall fell, ognize the outstanding achievements of Gesu lege. I want to wish him well in his further and the Warsaw Pact dissolved. The Soviet Catholic School in University Heights, OH, of studies of the Irish and their ancestry and cus- Union itself disappeared. A foreign policy my congressional district. Richard Riley, Sec- toms which have contributed so much to the and force structure designed to deter Soviet retary of the Department of Education has evolution of our American culture. aggression suddenly became obsolete. E1158 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 But U.S. military spending did not change TRIBUTE TO ROBERT DOYLE practice of some communities of paying tui- accordingly. Outlays have fallen, but only tion for their students to attend middle and from the 1985 peak caused by the Reagan de- high schools elsewhere is defacto school fense buildup. Adjusted for inflation, expend- HON. ALLEN BOYD choice. Unfortunately, that is only available itures today remain above those of 1980. OF FLORIDA for students who do not have a middle or President Clinton is spending more now than IN THE HOUSE OF REPRESENTATIVES high school in their own communities. Richard Nixon did in 1975 and almost as Tuesday, June 10, 1997 We know that for many of these commu- much as Lyndon Johnson did in 1965. The nities it was originally a decision driven by U.S. spends more than three times as much Mr. BOYD. Mr. Speaker, I rise to celebrate economics. However, some of these commu- as Moscow, and nearly twice as much as the 28th birthday of Robert Doyle, a loyal nities have since grown, yet have chosen not Britain, France, Germany, and Japan com- member of my staff. As a lifelong, faithful to build their own middle and high schools. bined. Democrat, Bob has served the party with tire- Why not? To do so would mean giving up Although the world remains a dangerous less dedication. school choice. So now the question is how place, it is not particularly dangerous for the Bob's interest in politics began at a young could making school choice available to all U.S. observed Colin Powell when he was age. His 3-year service as his high school's students help public schools better accom- chairman of the Joint Chiefs of Staff. ‘‘I’m class president began a noteworthy career in plish their missions? What else would be needed to make it work? running out of demons . . . I’m down to Cas- politics. Bob has also worked on several politi- tro and Kim Il Sung.’’ Ms. REPSTEAD: Enosburg Junior and Senior cal campaigns including Leader GEPHARDT's The bulk of the Pentagon budget continues High School benefits from this kind of school Presidential campaign and the Maryland gu- choice. Our high school is a small, rural mid- to fund Washington’s Cold War alliances. For bernatorial election. In his most recent ven- example, through the North Atlantic Treaty dle and high school which serves 475 students Organization (NATO), 100,000 U.S. soldiers ture, Bob managed my own successful con- from six nearby communities. Approxi- stand guard lest phantom Soviet Divisions gressional campaign this past November. He mately one-fourth of the student body is in invade Europe. It’s not as if the Western Eu- has worked for the office of the majority leader the middle school and the remainder of the ropeans, with a combined population of 414 in the Florida State House of Representatives, student body is almost evenly split between million GDP of $7.4 trillion, couldn’t defend and as vice president of the Windsor Group, resident and tuition students. themselves against Russia, with 149 million a political consulting firm in Tallahassee. We recently conducted a random study on people and a $1.1 trillion GDP, Britain, Bob and I quickly became friends during my the question of school choice. We asked 64 France, and Germany together spend 25% time in the Florida Legislature and while work- students in grade 6 through 12 to rank how more on the military than Russia, which just they felt about school choice and in what announced a further cut in defense outlays. ing together on the campaign trail. He is like grade or grades that should be an option and It is time for the Europeans to take over family to me and I am proud to rise today to what form it should take. The results were NATO. There is certainly no need to expand wish him all the best on his 28th birthday. overwhelmingly in favor of school choice by NATO into Central and Eastern Europe. The f a margin of 95 percent to 5 percent. When we old Eastern Bloc needs access to Western exclude the middle grades from the survey markets, not Western soldiers. And America STATEMENTS BY JULIE LUDLUM, the approval rate was even higher, 98 percent has no vital interest that warrants guaran- EMMA STANLEY, JAMIN WHITE- to two percent. The few students who did not teeing the borders of Poland, say, or Hun- HEAD, AND RACHEL REPSTEAD, favor school choice were from the commu- gary. ENOSBURG HIGH SCHOOL, RE- nity of Enosburg. The most obvious expla- The case for maintaining 100,000 soldiers in GARDING SCHOOL CHOICE nation is loyalty. Tuitioned students unani- East Asia is equally dubious. South Korea mously supported school choice. When con- has 20 times the GDP and twice the popu- HON. BERNARD SANDERS sidering responses concerning the grade level lation of North Korea, U.S. citizens spend in which school choice would be an option we more than the South Koreans to defend OF VERMONT noted that most students felt it should be South Korea. IN THE HOUSE OF REPRESENTATIVES available beginning the year they were in. Tuesday, June 10, 1997 Ms. LUDLUM: We feel that a voucher pro- No new threats loom on the horizon. Ger- gram is the only choice to makes school pos- many and Japan remain feared by some al- Mr. SANDERS. Mr. Speaker, for the benefit sible, affordable and effective. We should ex- leged friends, but neither is likely to declare of my colleagues I would like to have printed tend to all Vermont the option of school war on one of its powerful neighbors—many choice. Families can make the types of edu- of whom now possess nuclear weapons. China in the RECORD this statement by high school students from Enosburg High School in Ver- cational choices they need and want. It is growing but seems assertive rather than would force public schools to be more com- aggressive. Its military expansion has been mont, who were speaking at my recent town meeting on issues facing young people. petitive as well as stimulate the develop- measured. Brazil, India, and other nations ment of magnet and charter schools. Each of may eventually evolve into regional military Ms. LUDLUM: Good afternoon, Congressman the latter two makes it possible through a powers, but the U.S. has no quarrels with Sanders. It is generally acknowledge that an variety of educational models to be tested in them and can adjust its policies over time if educated citizenry is a desired thing for the the marketplace. They would essentially necessary. Outlaw states like Iraq and North United States. It is needless to say that it is function as working models that public Korea pose diminishing conventional threats imperative in this age of globalization. schools could emulate. that should be contained by their neighbors, Through it the skills, knowledge and value The people that are supporting it would not by America. of our democratic capitalistic system are im- have to say that the public schools would parted to the next generation, thus enabling The final refuge of those who support big have to get better, individual public schools us to better compete globally. However, military budgets is ‘‘leadership.’’ As Newt would have to get better because if they many American public schools are not ade- Gingrich puts it, ‘‘You do not need today’s didn’t nobody would attend the schools that quately preparing their students. Too many defense budget to defend the United States. weren’t up to the higher standards. Some graduates of American high schools are ill You need today’s defense budget to lead the people say that if public money is going to prepared to compete in the global market- world.’’ private schools then the private schools place. The question is how best to fix this? But do you, really? The U.S., after all, has would lose control and the government Ms. STANLEY: There are many educational the largest and most productive economy. It models, theories and philosophies to make would be able to issue mandates on them. is the leading trading nation. Its constitu- public schools more effective. While edu- In support of school choice people say the tional system has proved to be one of the cational theorists, politicians and practi- competition will make public schools im- world’s most durable. Its culture permeates tioners are locked into a constant tug of war prove because if they do not improve they the globe. Perhaps an outsized military isn’t over the most effective practices to follow. wouldn’t get any money from those students required for ‘‘leadership.’’ Indeed, even sig- Students needs and wants are not being met. who attend, but in opposition, some people nificant budget cuts would still leave Wash- Without a school choice most students are say that private schools receiving govern- ington with the world’s biggest and best simply along for the ride. Those who wish to mental funds would not be a good thing be- military. get a education which meets their needs and cause the government might then issue man- No one wants America to be weak, which is wants must wait until they graduate from dates and then would lose what makes them why spending on training and technology high school. At that point they can, within private schools. should remain priorities. But we’re ready for the limits of their financial needs, attend the Mr. WHITEHEAD. A student who chooses not a radical restructuring—from, for instance, school of their choice. But why wait until to go to Enosburg whether they are from 1.5 million to 900,000 servicemen, 12 to six then? why not extend school choice to all Enosburg or not, if they are from a different aircraft-carrier battle groups, and 20 to ten high school students or for that matter to all town from Enosburg their town would pay tactical Air Force wings. The military budg- students? for it and they would pay as much or roughly et could be cut to some $170 billion from to- Mr. WHITEHEAD: To an extent we in Ver- as much as they would pay for a public edu- day’s nearly $270 billion. mont are afforded school choice. The current cation to Enosburg. June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1159 TRIBUTE TO AMBASSADOR DICK and students of Irmo Elementary School, as himself to his community. He was particularly CARLSON well as the parents of the students, a dedi- proud of his long association with the Law- cated school board, and a strongly supportive rence Boys and Girls Club, which named its HON. HENRY BONILLA community, on the environment of excellence new girls' gym for his mother, Anna Marie OF TEXAS that they have established. It is clear that the Cronin, only after Paul declined the honor for IN THE HOUSE OF REPRESENTATIVES students at this fine school are being prepared himself. to meet the challenges of the 21st century. His career and personal life were marked by Tuesday, June 10, 1997 f optimism and achievement and he faced Mr. BONILLA. Mr. Speaker, I rise today to death as he faced life, with dignity, courage, pay tribute to Ambassador Dick Carlson, the HONORING LAWRENCE WILLIAM and perseverance. former president of the Corporation for Public WALSH f Broadcasting [CPB]. Ambassador Carlson's strong leadership and commitment guided the HON. WILLIAM F. GOODLING PORTER MAGNET SCHOOL DES- IGNATED TITLE I DISTIN- CPB during its most turbulent years. OF PENNSYLVANIA GUISHED SCHOOL Ambassador Carlson brought his broad ex- IN THE HOUSE OF REPRESENTATIVES perience as a journalist and former news an- Tuesday, June 10, 1997 chor in Los Angeles and as a public servant HON. JAMES T. WALSH under the Reagan and Bush administrations to Mr. GOODLING. Mr. Speaker, I rise today OF NEW YORK the CPB. He served in the Reagan and Bush to honor one of my constituents, Mr. Lawrence IN THE HOUSE OF REPRESENTATIVES administrations as director of the Voice of William Walsh, who will retire on July 3, 1997, Tuesday, June 10, 1997 America and was appointed as Ambassador to after nearly 40 years of distinguished public the Seychelle Islands by President Bush. The service in the Federal Government. Mr. WALSH. Mr. Speaker, I want to bring to unique combination of diplomatic skills, knowl- Mr. Walsh began his career in 1958 with the my colleagues' attention today the significant edge of journalism, and broadcasting, and Civil Aeronautics Administration and most re- accomplishment of the Porter Magnet School wideranging contacts proved to be a powerful cently served as manager of the Federal Avia- of Technology and Career Exploration in Syra- attribute for successfully leading CPB for the tion Administration's [FAA] Airports District Of- cuse, NY. Porter was recently designated by last 5 years. fice in Harrisburg, where he directed the de- the Federal Government as a distinguished Ambassador Carlson leaves a legacy of velopment of public airports in Pennsylvania school. commonsense reform at CPB at a time when and Delaware. He administered a total of This elementary school is 1 of 100 schools Congress is moving to balance the budget. 1,262 grants representing $970 million in Fed- nationally and five statewide to be com- Under his leadership CPB moved in the direc- eral funds for airports in Pennsylvania and mended for the high performance of the stu- tion of becoming a system of greater effi- Delaware. dents and the innovation of instruction. Porter ciency. He helped bring improved ideological Mr. Walsh has been recognized for his su- is the only school in the Syracuse area to re- balance to the CPB. perior performance and has received many ceive the commendation. CPB should continue in the direction Am- commendations during his tenure with the Many of the programs at Porter are innova- bassador Carlson has set out. Following in FAA. These awards include: the Airports Divi- tive. They involve parents in creative ways, Ambassador Carlson's footsteps to bring mod- sion Employee of the Year, Regional Adminis- such as communication through audio and vis- ernization to the CPB as we encounter the trators Human Relations Award, Aviation ual tapes in instances where literacy at home 21st century will protect the future of public Council of Pennsylvania Achievement Award, is a question. The faculty, led by Principal broadcasting. We salute him and thank him for and the Regional Administrator's STAR Octavia Wilcox, has worked hard to produce a a job well-done. Award. learning environment which challenges the f Mr. Speaker, I am pleased to have the op- students. Using tax dollars wisely in pursuit of portunity to honor Mr. Walsh's long record of high standards in education is a top priority. TRIBUTE TO IRMO ELEMENTARY service and excellence. His dedication to his Every student at Porter takes music, and SCHOOL career and his country is most worthy of spe- any student can take piano lessons during cial recognition. On behalf of the residents of school time. They have a pottery wheel in the HON. FLOYD SPENCE Pennsylvania's 19th Congressional District, I art class. They have sophisticated computers OF SOUTH CAROLINA wish him the very best on his retirement. and their own news team which videotaped a IN THE HOUSE OF REPRESENTATIVES f recent visit I made. But more importantly than the hardware, Tuesday, June 10, 1997 TRIBUTE TO PAUL CRONIN Porter prides itself in a philosophy. Every child Mr. SPENCE. Mr. Speaker, as the 1996±97 can learn. Parents must be involved. Excel- school year comes to a close, I would like to HON. MARTIN T. MEEHAN lence is worth pursuing. take this opportunity to bring to the attention of OF MASSACHUSETTS Principal Wilcox says the faculty tries to my colleagues the achievements of Irmo Ele- IN THE HOUSE OF REPRESENTATIVES compete with other forces, negative forces, for mentary School, in Irmo, SC. This outstanding students' time. The curriculum stresses the fu- Tuesday, June 10, 1997 school was one of only two South Carolina el- ture and the students are taught to think about ementary schools to receive the Carolina First Mr. MEEHAN. Mr. Speaker, at just 12 years what comes nextÐthe next level of education Palmetto's Finest Award for 1996±97. of age, Paul Cronin knew he wanted to serve and then careers. The students at Irmo Elementary School the Commonwealth of Massachusetts. I am very proud to congratulate the Syra- consistently score above the State average on Through hard work and dedication, Paul was cuse School District in general for its support standardized tests, and, each school year, able to achieve his dream. He served his of programs like the one at Porter School. since the 1988±89 school year, the school has hometown, Andover, MA, first as a Selectman f received either the Education Incentive Award and then at age 24 as a State Representative, or an Honorable Mention from the South Caro- making him the youngest elected official in the IF NATO IS EXPANDED, OUR AL- lina Department of Education. Irmo Elemen- State at the time. His career in public service LIES MUST PAY MORE OF THE tary School is guided by its mission statement, culminated when he was elected to represent COSTS which is: ``The mission of our school, where the Massachusetts Fifth District in the U.S. excellence is tradition and learning has no House of Representatives, the seat I now HON. BERNARD SANDERS boundaries, is to ensure that each child is mo- hold. OF VERMONT tivated to achieve his or her full potential Paul Cronin passed away on April 5, 1997, IN THE HOUSE OF REPRESENTATIVES through diverse and challenging educational at just 59 years old, after a lengthy battle with programs that demand superior achievement, cancer. It was an especially sad day because Tuesday, June 10, 1997 provide a foundation for lifelong learning, and just 4 months earlier another great man from Mr. SANDERS. Mr. Speaker, I would like to instill the desire to become a productive mem- the fifth district was taken from us, Paul Tson- make a few observations today about the Eu- ber of society.'' gas. ropean Security Act (H.R. 1758), which au- Mr. Speaker, I would like to take this oppor- Like Tsongas, politics did not consume thorizes United States taxpayer dollars to pre- tunity to commend the faculty, administration, Cronin's life. Paul Cronin gave unselfishly of pare the Baltic States for NATO expansion. E1160 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 Let me begin with a quote by former United a tireless fighter for his constituents in Phila- Ideally, Mr. Foglietta’s successor would States Secretary of State, Lawrence delphia and Delaware County. As a member share his fervor for urban needs, his commit- Eagleburger, from the Bush administration, of the Appropriations Committee and a leader ment to human needs and human rights, his people skills and intelligence, his ethics. And commenting on NATO expansion and the Bal- of the Urban Caucus, he has protected city voters would be the ultimate judge of that if tic countries: jobs, helped restore Independence Hall, and he were retiring at the end of a two-year If we ever think of bringing the Baltic put more police on the streets. term. countries into NATO we ought to have our Perhaps just as important to his new duties, Unfortunately, the vacancy will be filled heads examined. First place, it would be a TOM FOGLIETTA has also been on the forefront by a special election, without a primary. The real threat—threat maybe not but a real of global affairs. He has worked to provide favorite in this Democratic district will be challenge—to the Russians. Think about the famine relief to starving people overseas and whomever the Democratic organization chooses. The reported front-runners are commitment to defend them—we couldn’t do has never hesitated to speak up against ty- it even if we were the only superpower in the former Rep. Lucien Blackwell—who was world, which we seem to be. rants around the world. voted out of the Second District seat three Only in America could the grandson of im- years after the Democratic machine handed First of all, Russia clearly perceives that the migrants who came from Italy over 100 years it to him—and city Democratic boss Bob expansion of NATO into the Baltics would be ago live the dream of representing the birth- Brady. Neither of them stacks up to Tom an aggressive, wholly unjustifiable move by place of this Nation's freedom in the Halls of Foglietta. the United States. On May 22, 1997, Presi- Congress and go on to serve his country as f dent Boris Yeltsin's spokesman, Sergei its representative in the land of his family's Yastrzhembskii, stated that if NATO expands heritage. TOM FOGLIETTA is an outstanding ex- EXPAND PRIVATE INSURANCE to include Former Soviet Republics, Russia ample of what is possible for those who serve COVERAGE FOR KIDS will review all of its foreign policy priorities and the United States with honor and distinction. its relations with the West. Since the cold war Mr. Speaker, Washington's loss is Italy's HON. MARTIN OLAV SABO is over, why are we militarily provoking Rus- gain. Congress will undoubtedly be a lesser OF MINNESOTA sia? place when TOM FOGLIETTA takes his intel- IN THE HOUSE OF REPRESENTATIVES Second, how much more are we going to ligence, dedication, integrity, and charm to Tuesday, June 10, 1997 ask United States taxpayers to ante up to de- Italy. I ask my colleagues to join me in extend- Mr. SABO. Mr. Speaker, one out of every fend Europe in an expanded NATO with a still ing best wishes and a fond arrivederci to TOM undefined mission? The total price tag is esti- seven American children is growing up without FOGLIETTA as he stands ready to embark on health insurance. These 10 million childrenÐ mated at anywhere from $27 billion to $150 another exciting chapter of his career, and in- billion over the next 10 to 12 years. The Con- including 70,000 in my home State of Min- sert the following editorial from the Philadel- nesotaÐare less likely to get preventive care gressional Budget Office has estimated that phia Inquirer to be included for the RECORD. the cost of NATO expansion will be between to keep them healthy, or see a doctor when $60.6±$124.7 billion over 15 years. Don't for- [From The Philadelphia Inquirer, May 28, they get sick. These obstacles to health care 1997] get that we have already paid $60 million can lead to harmful and lasting effects. For ex- ARRIVEDERCI—TOM FOGLIETTA HAS EARNED ample, children whose ear infections go through the NATO Enlargement Facilitation HIS NEW JOB. LET’S HOPE HIS SUCCESSOR undiagnosed and untreated can suffer from Act in order to assist Poland, the Czech Re- SERVES THE REGION AS WELL AS HE DID permanent hearing loss. public, Hungary, and Slovenia in bringing their After four decades of public service, Tom Sadly, there are signs that the prognosis for Armed Forces up to NATO standards. Foglietta richly deserves a job that melds di- the health of American's children is getting Lastly, I am also concerned about reports plomacy and la dolce vita: U.S. ambassador worse. The number of families receiving insur- that several of the prospective new NATO to Italy. So even though the Philadelphia ance sponsored by their employer has de- area stands to lose its most senior member member states have been involved in arms clined from 67 percent in 1987 to 59 percent sales to terrorist countries. For example, Po- of the U.S. House, his constituents in the city and in Delaware County can still salute in 1995. Additionally, premium costs for family land has made five shipments to Iran of T±72 coverage are on the rise, placing health insur- tanks, equipment and trainers, Slovenia sent the (unofficial) news that he’s headed for Rome. ance beyond the reach of an increasing num- M±60 tanks to Iran, and Bulgaria sent North Mr. Foglietta has worked hard for the ber of working families. Korea 15 tons of explosives. needs of Philadelphia and other cities. As a Enough is enough. It is time for all of us to After four decades of the cold war and tril- member of the Appropriations Committee commit to solving this problem. Today, I am lions of United States taxpayer dollars allo- since 1993 and as a prime mover of the Urban introducing legislation that takes one step to- cated to compete in the arms race, many of Caucus, he’s tried to aim more federal dol- lars at urban needs. His local causes have in- ward a comprehensive solution. our constituents understand that it is not the The Children's Health Coverage Improve- time to continue wasting tens of billions of dol- cluded protecting jobs at the Navy Yard, re- versing the neglect of Independence Hall, ment Act of 1997 would make children's-only lars helping to defend Europe, let alone as- and funding more police for the city of Ches- policies widely available to families at more af- suming more than our share of any costs as- ter. fordable group rates. Federally regulated self- sociated with expanding NATO eastward. Not all of his votes on pocketbook issues insured health plans would be required to offer Mr. Speaker, in the words of New York have been dead-on. He backed the Clinton these policies as one of the options available Times columnist Thomas Friedman, ``We [get] economic package, tax hikes and all, but to their employees. nothing for NATO expansion but a bill.'' loudly opposed the modest, Penny-Kasich Many low-income working families simply spending cuts. He sided with labor over con- f sumers by voting against NAFTA. cannot find room in the family budget to pay the increasingly large premiums for family poli- APPOINTMENT OF REPRESENTA- But Mr. Foglietta is more than a bring- home-the-bacon guy. He’s been a leading cies. Moreover, many financially strapped sin- TIVE THOMAS FOGLIETTA AS voice against despots around the globe. He’s gle parents cannot afford to pay family pre- U.S. AMBASSADOR TO ITALY been as committed to famine relief in Africa miums designed to cover two adults plus chil- as he was to food assistance at home. dren. Kids-only policies could provide an an- HON. ANNA G. ESHOO A fair assessment of Mr. Foglietta’s con- swer for these hard-working and hard-pressed tributions must look beyond his specific OF CALIFORNIA families. stands on issues. In a city renowned for po- IN THE HOUSE OF REPRESENTATIVES litical corruption, Mr. Foglietta stood According to a recent survey of 600 employ- ers, the majority of respondents indicated a Tuesday, June 10, 1997 against the tide. Running for Congress as an independent in strong sense of responsibility toward their Ms. ESHOO. Mr. Speaker, I rise today to 1980, he beat the comeback bid by Democrat workers and expressed sympathy for those honor one of the House's most distinguished Michael ‘‘Ozzie’’ Myers, who had been ex- who are uninsured. My legislation builds upon Members, Representative THOMAS FOGLIETTA pelled from the House after being convicted this sense of community, and creates a new of Pennsylvania, for his upcoming appointment of taking an Abscam bribe. In 1984 and 1986, way for employers to make coverage available by the President as the next U.S. Ambassador Mr. Foglietta turned back strong challenges to children. to Italy. This is an extraordinary and well-de- by a future felon: then-Councilman James This legislation is also sensitive to employ- Tayoun. served honor for a true gentleman who has Endorsing him for Congress in 1980, this ers' concerns that they cannot assume further given four decades of his life to public service. Editorial Page called Mr. Foglietta ‘‘sen- insurance costs. Instead of requiring an em- Since his election to the House of Rep- sitive and intelligent and convincingly com- ployer to shoulder a specified portion of insur- resentatives in 1980, TOM FOGLIETTA has been mitted to public service.’’ ance costs, this bill allows the dynamics of the June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1161 group insurance market to create affordable of the Progressive Women of Calvary, she We as adult citizens in the United States kids-only policies. supports the Christian ministries in both these believe that this legislation is violating our Shoring up the decline in employer-spon- organizations. She is also one of the devotion First Amendment rights to the freedom of expression. sored health care is one way to help get kids leaders for the Golden Keys senior group. The First Amendment was created by insured. Ten million American children need Emma is very active in Calvary's bereave- American’s founders to protect the individ- help. It's time for all of usÐin both the private ment endeavors, whether helping in the kitch- ual’s rights, two of these rights being free- and public sectionÐto pitch in and make sure en, serving the congregation, or attending to dom of speech and freedom of expression. they get it. the families spiritual needs during their time of The CDA is going to be limiting these rights f sorrow. and violating the First Amendment. Is this Emma is an encourager to the youth, the right? No. The CDA calls for a $100,000 fine IN HONOR OF RICHARD D. ACTON sick and shut-in, the entire congregation of and up to two years in jail for transmitting indecent material over the computer net- Calvary Baptist Church, and the community. works. HON. DENNIS J. KUCINICH She calls upon delinquent and past members, What is indecent? What is indecent to OF OHIO and invites them back to the church. some may not be some to others. To others IN THE HOUSE OF REPRESENTATIVES As part of her missionary duties, Emma vis- it is self-expression which is protected by the First Amendment. Expressing yourself is an Tuesday, June 10, 1997 its the sick and shut-in at home, hospitals, and nursing homes. Beyond merely visiting, Emma American right. It may come in the form of Mr. KUCINICH. Mr. Speaker, I rise to honor and her group clean the homes and fix meals unconventional speech down to pornography, Richard D. Acton, a union leader for over 45 but it is all self-expression. for the members who are unable to do so for Americans should be able to speak freely years who has worked tirelessly for his mem- themselves. over the Internet about controversial issues bers and for his community. Emma volunteers as a teacher in the Satur- such as abortion or sex without fear of pros- Dick began his union career as a member day Outreach Program and Vacation Bible ecution. We are not a free people if we can- of the International Brotherhood of Electrical School. She supports these groups by prepar- not speak freely and share our opinions. As Workers Union, Local No. 38. He rapidly ing and serving refreshments for use during for children, they are under their parents’ re- earned the respect of his peers, and they group activities. Emma is also a member of sponsibility for guidance on the Internet. Adult expression should not be prohibited for chose him for higher union office. Dick rose to the Music Ministry Committee and is a sup- treasurer and business manager, a post he the protection of children. The government porter of the current youth leaders of the does not parent children, parents parent held for 21 years. group. children. His fellow union leaders recognized Dick's Emma has served many years on the Board So I say to you, please protect our rights. leadership qualities and elected him to the of Christian Education and on the Calvary The Internet is a wonderful way to express IBEW International Executive Council in 1979, Baptist Scholarship Committee. Her belief in and share our opinion with the world. Don’t where he served until 1996. Dick was also the future of our children has led her to faith- make us have to be afraid of prosecution if elected to the post of executive secretary of we have unconventional, maybe indecent fully make a regular individual donation to the opinions which we wish to express. If the the Cleveland AFL±CIO Federation of Labor. Calvary Baptist Scholarship Fund. Dick devoted much of his time to improving CDA is passed we will start losing our First Emma provides a support role as a current Amendment rights. Keep us a free people, the lives of his members and the Greater and past member of Calvary's Trustee Group. free to express ourselves. Cleveland community. As president of the She is a loyal and dedicated member of the Mr. HERR. There are also important tech- United Labor Agency, the social service arm Chancellor choir and actively supports all the nological concerns. Forty percent of the of the Cleveland AFL±CIO, the United Auto programs and events the church sponsors websites on the Internet are located on the Workers and the Teamsters, Dick led the insti- hard drives of computers that are physically each year, including Women's Day. located outside of any area in which the tution which embodies the generosity and so- Emma religiously dedicates her time in pray- cial commitment of the union movement. The United States can be said to have jurisdic- er to the growth of Calvary Baptist Church and tion and this number is growing. How would United Labor Agency provides programs in its programs. This time is not only given at the Communications Decency Act prevent strike assistance, job counseling, training, Wednesday prayer service or Saturday morn- children within the United States from youth job placement, services for laid-off work- ing prayer service but faithfully and regularly accessing information and pictures con- ers, unemployed, and underemployed per- at home for the church, its people and its mis- tained within these sites? In addition, it sons. Of particular note, the United Labor sion as well. would be entirely possible for United States citizens to rent space on one of these foreign Agency developed a special economic re- Mr. Speaker, I ask that you join me, our col- sponse team that delivered a range of pro- sites and post any information or pictures leagues, Emma's family and friends, and the that he or she wanted to. grams for people who were laid off or were congregation of Calvary Baptist Church in rec- The Communications Decency Act makes subject to plant closing. The program was so ognizing Deaconess Emma P. Urquhart's out- it illegal for an Internet service provider successful that it was replicated around the standing and invaluable service to the commu- such as America Online or Togethernet to country. The United Labor Agency also pro- nity. provide material that is patently offensive to minors. It is possible for these organiza- vides needed durable medical equipment, and f offers programs for senior citizens and retired tions not directly to provide such informa- workers. STATEMENTS BY ALYSSA LEACH tion to minors by not carrying it on the Mr. Speaker, let us recognize the achieve- AND SAM HERR, GAILER Internet service which they control. How- ever, there are many public Internet servers ments of Dick Acton, who will be honored by SCHOOL, MIDDLEBURY, VT, RE- that are available for use by anyone at- his peers on June 11, 1997, for a lifetime of GARDING THE INTERNET VER- tached to the Internet who state it could not giving, service, and achievement. SUS THE FIRST AMENDMENT be regulated by the Communications De- f cency Act. Therefore, any Internet service provider whose users could access any of TRIBUTE TO EMMA P. URQUHART, HON. BERNARD SANDERS these servers would be open to prosecution DEACONESS OF CALVARY BAP- OF VERMONT under the Communications Decency Act. TIST CHURCH IN THE HOUSE OF REPRESENTATIVES As you can see, Representative Sanders, it Tuesday, June 10, 1997 is clearly unfair to any Internet service pro- vider and could in fact act to shut down the HON. BILL PASCRELL, JR. Mr. SANDERS. Mr. Speaker, for the benefit Internet within the United States whereby OF NEW JERSEY of my colleagues I would like to have printed denying U.S. citizens access to a valuable IN THE HOUSE OF REPRESENTATIVES in the RECORD this statement by high school tool. Lastly, because of the way Internet proto- Tuesday, June 10, 1997 students from Gailer School in VT, who were cols are written there is no way of confirm- speaking at my recent town meeting on issues Mr. PASCRELL. Mr. Speaker, I would like to ing the age of persons accessing a website or facing young people. call to your attention Emma P. Urquhart, dea- a new server. The fear of prosecution has Ms. LEACH: Congressman Sanders, the caused many Internet sites to provide mate- coness of Calvary Baptist Church in Paterson, United States government wants to regulate rial solely for adult audiences because they NJ. the information available on the Internet via have been technically unable to prevent mi- A faithful, dedicated, and active member of the U.S. Communications Decency Act and nors from accessing their sites. The Elec- Calvary Baptist Church, Emma is president of Exxon-Garten Communications Decency leg- tronic ID is the best quick fix for this prob- the Senior Missionary Society. As a member islation. lem as minors can get these IDs and there E1162 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 are so many competing standards that adults Solution. he also met with Felix Frankfurter, a Chief Bankruptcy Judge Martin V.B. Bostetter, cannot access some sites. member of the U.S. Supreme Court. At Justice Jr. and to introduce legislation naming the We do not object to your controlling what Frankfurter's request, Mr. Karski again de- U.S. Courthouse on South Washington Street comes through the Internet to your own in Alexandria in his honor. Chief Judge computer and what your child sees. There scribed the horrors he had seen with his own are softwares available for just for that pur- eyes. After listening quietly, Justice Frankfurter Bostetter was born on March 11, 1926, in Bal- pose. It’s low cost and schools can obtain responded, ``Mr. Karski, a man like me talking timore, MD, and attended Mount Vernon High that as well. to a man like you must be totally frank. So I School in Fairfax County. During World War II, Ms. LEACH: Also monitoring what your must say: I am unable to believe you.'' The he served in the U.S. Navy and then attended children are seeing on the Internet is very Polish Ambassador jumped to his feet in indig- the University of Virginia where he obtained important. Relating to what the kids are nation at having his young representative in- his bachelor of arts degree in 1950 and his doing on the Internet is important so you sulted. Justice Frankfurter explained, ``Mr. Am- Latin bachelor of laws degree in 1952. know what they are looking at. It is the par- bassador, I did not say this young man is Since 1952, his entire legal career has oc- ents’ responsibility just as it is with tele- curred within an eight block radius in Old vision to watch what your kid are looking at lying. I said I am unable to believe him. There and whether you want them to see or not to is a difference.'' Mr. Speaker, one can only Town Alexandria. He began the practice of see. It is illegal to do things like yell fire imagine the strength Mr. Karski must have law in the city of Alexandria, and in 1953, he when it is inappropriate but that is a totally possessed to constantly tell his harrowing was appointed special assistant to the city at- different subject, that is a different kind of story, only to be met with disbelief and in torney, serving in the capacity of city prosecu- expression. some cases denial. tor. He resigned that position in 1957 to be- Mr. HERR: I would argue that it is their In 1944, Jan Karski wrote the book ``Story of come associate judge of the municipal court of right to yell fire, but they have to face the the city of Alexandria, where he served for a consequences of their actions which would be a Secret State'' detailing his experiences, which became a bestseller. After the war, he period of 2 years, resigning in 1959. prosecution for manslaughter in that case. It Judge Bostetter was appointed to the U.S. is a valid idea from that person’s point of moved to the United States where he married, view and whoever did the acts that were por- became an American citizen, and received a Bankruptcy Court in 1959, and presently trayed on that Internet site would be liable doctorate from Georgetown University. Mr. serves as U.S. Bankruptcy Judge for the East- to prosecution under the current laws. Karski went on to a distinguished teaching ca- ern District of Virginia, having been appointed chief judge on February 1, 1985. He ranks f reer at Georgetown. His many honors and awards include the distinction of ``Righteous among the longest sitting full-time bankruptcy TRIBUTE TO JAN KARSKI Gentile,'' bestowed by the Yad Vashem Holo- judges in the United States. caust Memorial in Jerusalem. He is also an In 1959, Judge Bostetter established the HON. TOM LANTOS honorary citizen of Israel, the recipient of a First Bankruptcy Court in Alexandria, in the Doctorate of Human Letters honoris causa former Federal District courthouseÐthe very OF CALIFORNIA building he now occupies as chief judge of the IN THE HOUSE OF REPRESENTATIVES from Georgetown University, the recipient of a special citation by the United Nations, and the Bankruptcy Court for the District of Virginia, 38 Tuesday, June 10, 1997 recipient of the Order virturi Militair, the high- years later. He has taken special interest and Mr. LANTOS. Mr. Speaker, I rise today to est Polish military decoration. great pride in the ongoing renovation of this recognize the extraordinary and heroic accom- Mr. Karski's humility is always evident. historic building and landmark. plishments of Jan Karski, and to invite my col- When visiting the National holocaust Museum, When Judge Bostetter first sat on the bench leagues to join me in commending this man he came upon the Wall of Righteous, the trib- in 1959, there were approximately nine bank- who refused to sit quietly and watch the exter- ute to non-Jews. He quickly passed the ruptcy filings per month and the bankruptcy mination of millions of Jews during the Holo- plaque upon which his name was inscribed, court had only one employee. He remained caust. Mr. Karski risked his life to journey into instead preferring to seek out the names of his the only full time bankruptcy judge in the Alex- andria Division from July 1959 until December the heart of the Warsaw ghetto and a con- underground comrades. Mr. Karski is quick to 1994. During the late 1980's and early 1990's, centration camp so that he could effectively point out that ``the Jews were abandoned by he handled the caseload of approximately 21¤2 detail and then convey the horrors of the Nazi governments, by church hierarchies, and by societal structures. But they were not aban- judges. regime to the Allied forces. Through his ac- During his service on the bench, Chief doned by all humanity.'' He feels that he is no counts, he is credited with providing President Judge Bostetter has seen the Bankruptcy different from anyone else who tried to ease Franklin D. Roosevelt with the motivation to Court for the Eastern District of Virginia grow the plight of the Jewish people. Remarkably, establish the U.S. War Refugee Board, an or- to three divisions with 5 full-time judges and he insists he did ``nothing extraordinary.'' ganization that saved tens of thousands of staff, 90 employees in its clerk's office and Jewish lives toward the end of World War II. The true nature of Jan Karski, despite his protestations, is summed up by two men averages of more than 2,600 bankruptcy fil- Born in 1914 in Lodz, Poland, Jan Karski ings per month. The Alexandria Division where joined the Polish underground at the age of whose words speak for themselves. Shimon Peres said, ``a great man is one who stands he now sits has two full-time judges, 22 em- 25. He was caught and tortured by the Ge- ployees and averages approximately 790 stapo but did not divulge any information perti- head and shoulder above his people, a man who, when surrounded by overpowering evil bankruptcy filing per month. nent to his cause. After being rescued from a Chief Judge Bostetter has been a dedicated and blind hatred, does all in his power to stem prison hospital by members of his under- and loyal public servant serving the people of the tide. Karski ranks high in the all-too-brief ground organization, he disguised himself and Virginia faithfully with honor, integrity, and dis- list of such great and unique personalities who snuck into both the Warsaw ghetto and in con- tinction during his tenure as a bankruptcy centration camp. There he witnessed the ema- stood out in the darkest age of Jewish his- judge. He has fulfilled his duties with a strong ciation, hopelessness, and subhuman condi- tory.'' In the words of Elie Wiesel: ``Jan Karski: sense of fairness and pragmatism, while at the tions that characterized both by the ghetto and a brave man? Better: a just man.'' same time adhering to the constraints im- Mr. Speaker, once again I urge my col- the camp. posed by the bankruptcy code and related leagues to join me in recognizing the courage Mr. Karski's mission was to gather informa- case law. Moreover, he has set very high and selflessness of Jan Karski. He is a hero tion and convey these horrors to the outside standards for the lawyers who practice before who risked his life for strangers to fulfill what world. Upon speaking with London authorities him making those lawyers better prepared and he considered his duty as a human being. in 1942, his frightful accounts were met with more effective advocates for their respective disbelief and denial. One member of the Pol- f client's interests. ish National Council, Szmul Zygebojm, in- THE CHIEF BANKRUPTCY JUDGE In addition to his responsibilities as a bank- sisted upon hearing every detail of the squalor MARTIN V.B. BOSTETTER, JR. ruptcy judge, Chief Judge Bostetter has that Karski had witnessed, Zygebojm made a COURT HOUSE served as a member of the Committee on vow to do what he could for his fellow Polish Court Administration of the Judicial Con- Jews that were still living. A few days after his HON. JAMES P. MORAN ference of the United States from July 1, conversation with Mr. Karski, he committed 1982, until it was dissolved by reorganization OF VIRGINIA suicide, despairing, and discouraged that he of the Judicial Conference in 1987. On Octo- IN THE HOUSE OF REPRESENTATIVES could not help his homeland. ber 16, 1984, he was elected by the Judicial In July 1943, Mr. Karski met with President Tuesday, June 10, 1997 Center, serving in that position until Septem- Roosevelt to inform him of the atrocities being Mr. MORAN of Virginia. Mr. Speaker, it is a ber 1987. He is a former member of the Tran- committed by the Nazis and of Hitler's Final great honor to rise today in appreciation of sition Advisory Committee on Bankruptcy to June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1163 the Director of the Administrative Office of the action. Fifteen pain-filled years have passed chaplain for HOSPICE of Arlington, member of United States Courts. In 1986, he was ap- since their families have seen their sons, and the Lott Carey Foreign Mission, member of the pointed by Chief Justice Warren Burger as still President Assad has not revealed their Annandale Christian Community for Action, chairman of a committee to expand and im- whereabouts. and an active participant in the Meals-On- prove the educational programs for all bank- One of the these missing soldiers, Zachary Wheels' program. He was also instrumental in ruptcy judges. Justice Rehnquist, upon assum- Baumel is an American citizen, from my dis- organizing the Baileys Crossroads Shelter for ing the position of the Chief Justice of the trict in Brooklyn, NY. An ardent basketball fan, the Homeless. Reverend Pearson was re- United States, reappointed him to continue as Zachary began his studies at the Hebrew cently honored for his devotion to public serv- a chairman of that committee until his term ex- School in Boro Park. In 1979, he moved to Is- ice by being asked to give the opening prayer pired in 1989. In addition, he was appointed to rael with other family members and continued at the House of Delegates in Richmond. the State-Federal Judicial Relations Commit- his education at Yeshivat Hesder, where reli- The Warner Baptist Church has been tee of the Commonwealth of Virginia in 1991. gious studies are integrated with army service. blessed for 25 years with Reverend Pearson's In addition to his significant public service When the war with Lebanon began, Zachary religious teachings. I know my colleagues and as a judge, Judge Bostetter has a strong was completing his military service and was the congregation of Warner Baptist Church will record of civic contributions as well. He has looking forward to attending Hebrew Univer- join me in saluting Reverend Pearson on this served as president of the Alexandria Bar As- sity, where he had been accepted to study special anniversary. It has been a great honor sociation, president of the Alexandria Junior psychology. But fate decreed otherwise and and pleasure to work with Matthew Pearson Chamber of Commerce, president and chair- on June 11, 1982, he disappeared with Zvi for nearly 20 years. He is someone who has man of the board of the Alexandria Junior Feldman and Yehudah Katz. made a difference in our community. I wish Chamber of Commerce, president and chair- Zachary's parents Yonah and Miriam him the best for continued success in the fu- man of the board of the Alexandria Sertoma Baumel have been relentless in their pursuit of ture. Club, president of the Alexandria Mental information about Zachary and his com- f Health Association, and has also served on patriots. I have worked closely with the the boards of the Alexandria Hospital Corp., Baumels, as well as the Union of Orthodox EQUAL PAY ACT the Alexandria Mental Health Clinic, the Alex- Jewish Congregations of America, the Amer- andria Community Chest, and the Alexandria ican Coalition for Missing Israeli Soldiers, and HON. BERNARD SANDERS Boys' Club. In 1959, the Alexandria Junior the MIA Task Force of the Conference of OF VERMONT Chamber of Commerce awarded him the Dis- Presidents of Major American Jewish Organi- IN THE HOUSE OF REPRESENTATIVES tinguished Service Award as the ``Outstanding zations. These groups have been at the fore- Tuesday, June 10, 1997 Young Man of the Year 1959'', and the front of this pursuit of justice. I want to recog- Kiwanis Club of Alexandria designated him as nize their good work and ask my colleagues to Mr. SANDERS. Mr. Speaker, today marks an honorary member. In 1960, Judge join me in supporting their efforts. For 15 the 34th anniversary of the Equal Pay Act, the Bostetter was nominated by the Alexandria years, these families have been without their original legislation to address the wage dispar- Junior Chamber of Commerce as one of the children. Answers are long overdue. ity between men and women. I am of the opin- Ten Outstanding Men of the United States for f ion, Mr. Speaker, that while the Equal Pay Act his work on the Juvenile Detention Commis- is a necessary piece of legislation, it has not sion. HONORING REV. MATTHEW J. yet lived up to its promise of ensuring equal f PEARSON pay for equal work. I recently attended a rally held in my district REMEMBERING THE MIA’s HON. THOMAS M. DAVIS commemorating Pay Inequity Day, which fell OF VIRGINIA on April 11, 1997. Pay Inequity Day marks the HON. CHARLES E. SCHUMER IN THE HOUSE OF REPRESENTATIVES day when working women's 1996±97 pay- checks will, on average, finally equal what OF NEW YORK Tuesday, June 10, 1997 IN THE HOUSE OF REPRESENTATIVES men earned in 1996 alone. This day falls over Mr. DAVIS of Virginia. Mr. Speaker, it gives 4 months into 1997. This is simply unaccept- Tuesday, June 10, 1997 me great pleasure to rise today to pay tribute able. Mr. SCHUMER. Mr. Speaker, I rise today to to the esteemed pastor of Warner Baptist In my work as a Member of Congress, I ask my colleagues to join me in remembering Church, the Reverend Matthew J. Pearson. often focus on the growing problem of income the Israeli soldiers captured by the Syrians The Warner Baptist Church is celebrating their disparity and how the families of America are during the 1982 Israeli war with Lebanon. 25th anniversary of guidance under Reverend affected by this and the growing inequality of On June 11, 1982, an Israeli unit battled Pearson. wealth in our country. In looking at the statis- with a Syrian armored unit in the Bekaa Valley Matthew was born in Washington, DC, on tics we see that even 34 years after enacting in northeastern Lebanon. Sgt. Zachary June 23, 1930. He first studied Bible courses the Equal Pay Act, the wage disparity between Baumel, 1st Sgt. Zvi Feldman and Cpl. at the Moody Bible Institute in Chicago, IL, men and women still plagues this country. In Yehudah Katz were captured by the Syrians and later graduated from the Washington Bible 1995, women earned only 71 percent of that day. They were identified as the Israeli College in Washington, DC. In 1951, he mar- wages earned by men. According to the Na- tank crew, and reported missing in Damascus. ried Mildred Robinson and together they have tional Academy of Sciences, between one- The Israeli tank, flying the Syrian and Palestin- been blessed with two children, a son, Melvin, third and one-half of the wage difference be- ian flag, was greeted with cheers from by- and a daughter, Donna. Matthew has been in- tween men and women cannot be explained standers. volved in the ministry for 36 years. Previous to by differences in experience, education, or Since that terrible day in 1982, the Israeli this time, he spent 2 years in the United other legitimate qualifications. Bureau of Labor and United States Governments have been States Army during the Korean war, again Statistics data indicates that women earn doing their utmost to obtain any possible infor- showing his dedication to his country and equal pay in only 2 out of 90 detailed occupa- mation about the fate of these missing sol- serving others. tions. diers, working with the offices of the Inter- In 1955 Matthew joined the Warner Baptist What does this mean for the American fam- national Committee of the Red Cross, the Church where he began serving God as presi- ily? The picture is not good. Vermont families United Nations, and other international bodies. dent of the senior choir, member of the dea- and families across the country are becoming According to the Geneva Convention, Syria is con board, and as a Sunday school teacher. more and more dependent on women's responsible for the fates of the Israeli soldiers In 1961, he was called to the ministry and was wages. Today, 40 percent of all working because the area in Lebanon where the sol- licensed at the Warner Baptist Church, where women have children under the age of 18Ð diers disappeared was continually controlled he was ordained in 1963. Reverend Pearson children who depend upon them for care, shel- by Syria. To this day, despite promises made became the pastor of Warner Baptist Church ter, food, clothing, et cetera. Although most by the Syrian Government and by the PLO, in 1972 and a number of accomplishments American families today must rely heavily on very little information has been forthcoming have been achieved under his leadership. One women's wages, women with the same quali- about the condition of Zachary Baumel, Zvi of his goals has been organizing the ministries fications as men continue to make less than Feldman, and Yehudah Katz. of the church for all ages of parishioners. their male counterparts. June 11, marks the anniversary of the day Matthew is not only heavily involved in his If we look closely at the wage gap between that these soldiers were reported missing in church, but also in his community. He is the men and women over the years, we notice E1164 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 that it narrowed slightly in the 1980's. Some Rowland will hold its annual commencement program. The growing success of San Bruno's may have looked at that as a gain for women. ceremonies and celebrate 25 years of service recycling effort is attributed to the proactive The truth is however, that the narrowing of the to our community. partnership between the San Bruno City gap was largely due to a decline in men's Founded in 1971, Rowland has served over Council, the San Bruno Garbage Co., city resi- wages. Now how does that fare for American 30,000 students in classes ranging from citi- dents, businesses, schools, apartment com- families? zenship, parent literacy and parent education plexes, and office parks. As for my district, according to data supplied to a variety of community education classes Recently, the city of San Bruno renewed its by the Institute for Women's Policy Research, such as notary public, dance, art, language recycling effort by reinstating the San Bruno Vermont ranks 3d in the Nation for wage eq- development, and others. Since 1971, the Environmental and Recycling Committee. The uity. The Vermont female/male ratio is 75 per- adult school has offered courses for students Recycling Committee brings together mem- cent while the U.S. average is 68 percent. wishing to obtain their adult school diploma. bers of the community and the city of San Vermont shares its ranking with Alaska and Additionally, Rowland is a center for general Bruno to coordinate recycling efforts. The sits below only Washington, DC. Some may educational development [GED] testing, and committee, comprised of city council mem- try to indicate that since Vermont is ranked has provided this important service to students bers, teachers, business professionals, and third, we do not have a problem and we can throughout the years. residents, advises the city of San Bruno on relax. I say that is just not acceptable. It is our As part of the Rowland Unified School Dis- methods to improve the recycling campaign. job to respond that no pay inequity is accept- trict, the adult school has worked to help Empowering communities with the ability to ableÐnot 68 percent, not 75 percent, not 95 adults become productive citizens, productive recommend policy on environmental and recy- percent. Women should expect and receive workers, better parents and family members, cling efforts has proven to be a highly effective 100 percentÐequal pay as men for equal and civic-minded residents who take an active technique to ensure the long-term success of work. role in the community. Rowland helps to foster this community-based recycling effort. f the development of intellectual, physical, and San Bruno's newest effort is driven by the emotional skills and experiences, providing mandate from the State of California that all TRIBUTE TO DR. ANTHONY EVANS, high school skills, ESL classes, citizenship cities reduce their solid waste by 50 percent RETIRING PRESIDENT OF CALI- courses, and a family literacy program. This by the year 2000. In response to this ambi- FORNIA STATE UNIVERSITY AT comprehensive approach has proved very ef- tious goal, the San Bruno Recycling Commit- SAN BERNARDINO fective in our community, with over 1,000 tee launched its SPACE 2000 Program [Save, adults graduating from Rowland Adult School Protect and Clean our Environment]. This ef- HON. GEORGE E. BROWN, JR. in the past 25 years. fort aims to bring recycling to the forefront of OF CALIFORNIA Mr. Speaker, I ask my colleagues to join me the community. In addition to focusing on gov- IN THE HOUSE OF REPRESENTATIVES in recognizing the dedicated faculty, staff, and ernment and corporate office recycling, administrators of the Rowland Adult School, SPACE 2000 targets youth. The SPACE 2000 Tuesday, June 10, 1997 who have created a vision for the future of the program reaches out to a new generation in Mr. BROWN of California. Mr. Speaker, I school to continue providing the highest qual- order to keep San Bruno an environmentally rise today to pay tribute to Dr. Anthony Evans, ity education to the adults of our community healthy community. On June 1, 1997, over the retiring president of California State Uni- for many years to come. I would like to recog- 1,000 children marched for the environment versity at San Bernardino [CSUSB]. nize Rocky Bettar, Rowland Adult School's di- and recycling in San Bruno's annual Posy Pa- Dr. Evans came to CSUSB in 1982, bringing rector; Melinda Seshike, program specialist, rade, the longest running children's parade in with him the experience of an already illus- and Gabe Moorman, curriculum coordinator, the United States. trious career. He received his doctorate from as well as the many teachers, staff members, I am pleased to recognize San Bruno's the University of California, Berkeley, and instructional assistants and students who will proactive, leadership role in reengineering and served as the director of planning for the be celebrating Rowland Adult School's 25th revitalizing its environment and recycling ef- Peace Corps in addition to specializing in Far anniversary this evening. forts. As we move into the 21st century, con- East affairs with the U.S. State Department. f servation and recycling programs will be the Prior to coming to CSUSB, Dr. Evans served cornerstone of our environmental policy. I am as provost and vice president of Academic Af- THE CITY OF SAN BRUNO proud of San Bruno's efforts to strengthen fairs at Eastern Michigan University. RECYCLING PROGRAM community involvement, and its vision and In his 15 years at CSUSB, Dr. Evans has commitment to renew, reuse, and recycle our led the school through remarkable changes. HON. TOM LANTOS Nation's resources. Major construction projects have added, or ex- OF CALIFORNIA f panded to, 10 campus buildings, the number IN THE HOUSE OF REPRESENTATIVES of students and faculty have more than dou- SHIRLEY KLEIN OF DUNBAR, WV, Tuesday, June 10, 1997 bled, CSUSB was awarded university status, MEMORIALIZES FRANKLIN ROO- 15 degree programs have been added and Mr. LANTOS. Mr. Speaker, I rise today to SEVELT THROUGH POETRY alumni have more than tripled. recognize the outstanding efforts of the city of CSUSB has blossomed under Dr. Evans' San Bruno for its recycling program. HON. NICK J. RAHALL II leadership. His presence will be sorely The city of San Bruno, located in the heart OF WEST VIRGINIA missed, however his legacy to the region will of my congressional district, was the first city IN THE HOUSE OF REPRESENTATIVES be leaving CSUSB well poised to lead San in San Mateo County to implement a weekly Tuesday, June 10, 1997 Bernardino into the 21st century. Again, I com- curbside recycling program. Starting in 1988, mend Dr. Evans for his years of service to the the program grew to be one of the outstanding Mr. RAHALL. Mr. Speaker, I am pleased to Cal State San Bernardino community and I am environmentally conscious recycling programs call my colleagues attention to a most beau- certain that he will bring as much success to in the State of California. The tremendous ef- tiful tribute to Franklin D. Roosevelt, written by his next endeavor as he did to this one. forts of the city of San Bruno earned it numer- Shirley Klein of Dunbar, WV. f ous awards. As we are all aware, there has been much One year after implementing the curbside controversy recently over the dedication of the RECOGNIZING ROWLAND ADULT recycling program, the city of San Bruno re- Franklin D. Roosevelt Memorial because it SCHOOL ON THE OCCASION OF ceived the Helen Putnam Award for Excel- does not depict that much-loved President in ITS 25TH ANNIVERSARY lence in Citywide Weekly Curbside Program his wheelchair. The disabled community has by the California League of Cities. Working in come out in strong favor of adding to the me- HON. ESTEBAN EDWARD TORRES conjunction with community leaders, the recy- morial, a statue of President Roosevelt in the OF CALIFORNIA cling program was able to boast that 70 per- wheelchair that was so much a part of his IN THE HOUSE OF REPRESENTATIVES cent of the city's households actively partici- every-day lift as he struggled to lift this Nation pated in recycling, compared to the statewide from its knees during our worst depression, as Tuesday, June 10, 1997 average of 30 percent. Since then, San Bruno well as to bring us to victory in World War II. Mr. TORRES. Mr. Speaker, I rise today to received the first place award from the Califor- I agree that the memorial ought to be aug- recognize Rowland Adult School on the occa- nia State Department of Conservation and the mented to show this great President in his sion of its 25th anniversary. Later this evening, merit of excellence for its curbside recycling wheelchair. June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1165 Mr. Speaker, Shirley Klein is, like Franklin establishes a permanent formula that will auto- the 304th Military Intelligence Battalion at Fort Roosevelt, disabled and in a wheelchair and, matically adjust as carriers enter or leave the Huachuca, from 1989 to 1991, and served like Franklin Roosevelt, her heart and mind FEHBP Program. with Headquarters, United States Armed are strong and vibrant and immensely produc- The concept of this stable fair share formula Forces, Central Command in Riyadh, Saudi tive. Knowing they shared this particular chal- was developed by the Office of Personnel Arabia, during Operation Desert Storm as the lenge, even as a child, she wrote a most Management at my request. It has been re- G2 plans officer for unmanned aerial vehicles. beautiful poem in tribute to him. If anyone still fined through extensive discussions with Fed- Following service as the Assistant Chief of believes the Roosevelt Memorial ought not to eral employee organizations, health plan car- Staff, G2, 1st Cavalry Division, at Fort Hood, depict him in his wheelchair, Shirley's poem riers, and other interested parties. I am TX, from 1991 to 1992, Colonel Huisking was will surely change their minds. Shirley's poem pleased that Mrs. MORELLA, Mr. CUMMINGS, assigned as a staff officer in the Directorate of follows: Mr. MORAN of Virginia, Mr. FAZIO of California, Force Development in the Office of the Deputy Chief of Staff for Operations and Plans at MEMORIAL Mr. FORD, and Mr. DAVIS of Virginia have Headquarters, Department of the Army, Wash- (By Shirley Klein) joined as original cosponsors. I am hopeful that, working with Mrs. ington, DC, from 1992 to 1993. He later Deny him not his throne of grace. served as the deputy director for planning in Its wheels were his wings MORELLA and Mr. CUMMINGS, we can add this On which he flew important legislation to the reconciliation the Directorate of Strategy, Plans, and Policy To save a world, measure as it is marked up in the Government on the Department of the Army staff from To heal a land. Reform and Oversight Committee. I invite 1993 to 1994. Colonel Huisking's last military Let ages know Members who share my concern about pro- assignment was Assistant Chief of Staff, G2, This was a man tecting this critical benefit for Federal employ- for the U.S. Army Signal Command at Fort Who seated firm, ees and retirees to join us as cosponsors of Huachuca, AZ, from 1994 until his retirement Towered tall. this legislation. in December 1996. And I, a child f Colonel Huisking is a graduate of the U.S. Who saw him there, Army Field Artillery School, 1972; the Defense Knew at last RECOGNIZING THE OUTSTANDING Intelligence College, 1979; the U.S. Army I too could soar. MILITARY SERVICE OF COL. Command and General Staff College, 1984; f PETER HUISKING and the U.S. Army War College, 1996. He INTRODUCTION OF LEGISLATION also graduated from Georgetown University TO ESTABLISH A PERMANENT HON. DAVID DREIER with a master of arts degree in Government, 1980. FORMULA FOR GOVERNMENT OF CALIFORNIA His awards and decorations include the Le- CONTRIBUTIONS TO FEDERAL IN THE HOUSE OF REPRESENTATIVES gion of Merit with Oak Leaf Cluster, the EMPLOYEE HEALTH BENEFIT Tuesday, June 10, 1997 Bronze Star, the Defense Meritorious Service PLANS Mr. DREIER. Mr. Speaker, I would like to Medal, the Meritorious Service Medal with Oak recognize the outstanding military service and Leaf Cluster, and several service medals in- HON. STENY H. HOYER contributions to our country of a native of Po- cluding the Saudi Arabia Kuwait Liberation OF MARYLAND mona, CA, on the occasion of his retirement Medal. He is also a recipient of the U.S. Army IN THE HOUSE OF REPRESENTATIVES from military service on December 1, 1996: Signal Corps Regiment's Order of Mercury. Tuesday, June 10, 1997 Col. Peter V. Huisking, Military Intelligence Additionally, Colonel Huisking is authorized to wear the Army staff identification badge. Mr. HOYER. Mr. Speaker, today, I am intro- Corps, U.S. Army. Colonel Huisking is married to the former ducing legislation to set a permanent formula Born in Pomona, CA, in 1949, Colonel Huisking attended St. Joseph Elementary Henrietta Hardy of Tucson, AZ. They have for calculation of the Federal contribution to three children: Elisabeth, who lives in Virginia; the Federal employee health benefit plans. My School and the Webb School of California, and received an Army Reserve Officer Train- Thomas, a college student in Texas; and An- bill would ensure that the Government con- drea, a student at Smith Middle School, Fort tribution for civil servants and Federal retirees ing Corps [ROTC] scholarship to attend Po- mona College in 1967. He was commissioned Huachuca, AZ. Colonel Huisking is joining would remain at approximately 72 percent. JBL&H Associates of Falls Church, VA, and in field artillery upon graduation from Pomona Under existing law, the contribution is set by will work at the U.S. Army Intelligence Center College in 1971. He served in junior officer po- a formula based on the premiums of five of in support of the Directorate of Combat Devel- sitions at the artillery battery level with 2d Bat- the largest plans and a sixth, so-called phan- opments. tom, premiums that represent a large plan that talion, 92d Field Artillery, V Corps, in Giessen, Colonel Huisking has served at all military dropped out of FEHBP. This formula, passed Germany, from 1972 to 1974. As a first lieu- echelons from platoon to the Army staff. He in 1989, has held the Federal contribution tenant, he was commander of Battery C, 2d has led American soldiers as a platoon leader, near 72 percent but will expire at the end of Battalion, 92d Field Artillery. a company commander, and a battalion com- calendar year 1998. Colonel Huisking transferred to the Military mander. He served as a intelligence officer in It is estimated that failure to extend or re- Intelligence branch in 1974, and served in nu- key positions from Artillery Group to Major place this formula would cost an enrollee merous tactical and strategic intelligence as- Army Command. His service has been charac- about $20 a month or $240 per year. That is signments over the next few years: assistant terized by his emphasis on two key elements: unacceptableÐespecially at a time when the S2, 42d Field Artillery Group, 1974 to 1975; training for war and taking care of soldiers. budget resolution asks Federal employees to chief, all source production section, 2d Ar- This emphasis paid off during the successful pay an additional five tenths of 1 percent into mored Division, Fort Hood, TX, 1975 to 1977; deployment of elements of his battalion to the CSRS and FERS retirement systems. commander, Headquarters and Operations Desert Storm. In the words of Maj. Gen. John I want to thank the many people on the Company, 522d Military Intelligence Battalion, Stewart, the Assistant Chief of Staff, G2, U.S. House Budget Committee and at the Office of Fort Hood, TX, 1977 to 1978; and staff and Army Forces Central Command, during the Management and Budget who responded to faculty, Defense Intelligence College, Wash- gulf war: my strenuous objections to not replacing the ington, DC, 1979 to 1982. Lieutenant Colonel Huisking’s tireless, current formula. I am pleased that the budget Other overseas assignments included G2 professional, and consistently correct staff agreement and resolution assume continuation operations officer, 2d Infantry Division, Repub- work was a major factor in the success of In- of the 72-percent contribution. This legislation lic of Korea, from 1982 to 1983; chief, Intel- telligence and Electronics Warfare during therefore has no budget implications and, ac- ligence Systems Branch, Headquarters U.S. the Persian Gulf War. A great job. cording to preliminary OPM cost estimates, Army, Europe, Heidelberg, Germany, from Colonel Huisking was also an outstanding may actually save a small amount of money 1984 to 1986; deputy G2, 1st Armored Divi- supporter of every military community he lived over the budget agreement baseline. sion, Ansbach, Germany, 1986; and executive in, both in the United States and overseas. He This bill will calculate, each year a weighted officer, 501st Military Intelligence Battalion, was a strong supporter of the Scouting Pro- average of the subscription charges for all 1986 to 1988. gram, both boys and girls, and served as com- plans. The employee's or retiree's premium for Colonel Huisking was assigned to Fort mittee chairman of the Cub Scout programs. each plan will be calculated by subtracting 72 Huachuca, AZ, in 1988, where he served as His involvement in youth athletics included percent of that weighted average from the the manager of the Intelligence-Electronic coaching in youth T-ball and soccer, and serv- total charge. Unlike previous formulas, this bill Warfare Program Office. He later commanded ice on Catholic parish councils in communities E1166 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 in Germany and Fort Huachuca, AZ. Addition- England were hit today by the same hurricane the 10 most costly hurricanes ever to strike ally, he has served as a lay eucharistic min- that did in 1938, damages could exceed $16 the United States mainland did so over that ister and lector since 1979. billion. If CamilleÐ1969Ðhit Mississippi, Lou- stretch, including Hurricane Andrew in 1992, As a professional intelligence officer, Colo- the costliest ever. But a new Federal study isiana, and Virginia today we'd be looking at attributes the trend of escalating damage nel Huisking has made a particular impact on almost $11 billion. If HugoÐ1989Ðhit South over that period to expanding population and tactical intelligence units, having served in four Carolina today it would be almost $10 billion. exploding development rather than more fre- combat divisions, and having been instrumen- So what are we to do? If all projections are quent or powerful storms. tal in the successful implementation of the correct, it appears that we may have a major Now the atmosphere and ocean appear to combat electronic warfare intelligence [CEWI] storm along the lines of Andrew slamming into have entered a new and more ominous hurri- concept in the Army beginning in 1976. Addi- the east coast or gulf coast this summer or cane phase. Some experts believe the turbu- tionally, his training of the Army's only un- lent stretch beginning two years ago sig- fall. On top of this frightening thought is the nifies a return to the 1940’s, 1950’s and 1960’s, manned aerial vehicle unit before the Persian aftermath of such a tragic event. Andrew put a period of high hurricane activity in the Gulf war led to its successful development and a dozen insurance companies into insolvency United States. If that is so, according to the use during the conflict. His pioneering work in and threw the entire disaster insurance market new Federal study, the cost of damage this area ensured that the Army will always go in Florida into turmoil. Reinsurance for hurri- wrought by hurricanes—already the most ex- to war with this important intelligence capabil- canes has virtually disappeared in Florida. pensive natural disasters in America—could ity. Today, rates are skyrocketing if coverage is soar to new heights. Scientists offer varying explanations of Colonel Huisking's service to the Army and available at all. What would another hit like his country spans a quarter of a century. It in- what is responsible for the increase in hurri- that do to Florida? What would such a disaster cane frequency. One new study has found cluded the years of rebuilding the Army after do to North Carolina? Or Louisiana? Or that sea-surface temperatures in 1995 were the Vietnam war; standing guard on the fron- Texas? the highest on record in the tropical North tiers of freedom from the demilitarized zone in Mr. Speaker, I do not think that we nec- Atlantic. That year, 19 tropical storms and Korea to the Iron Curtain in Central Europe; essarily have to find out just how bad things hurricanes, double the 1946–1995 average, training units which ensured the readiness of can get. There is a way to ensure that disaster formed in the Atlantic. The authors of the study concluded that warmer seas encour- the Army to deter aggression and ensure the insurance remains a viable option for home- victory of the United States in the cold war; aged incipient hurricanes to develop by in- owners. In fact, I have introduced legislation fusing them with more energy. Temperatures preparing and leading soldiers to victory in the which would directly address this problem. in the region of hurricane births, between 10 gulf war; and maintaining and equipping a H.R. 230, the Natural Disaster Protection and degrees and 20 degrees north latitude, have force ready to deploy to Somalia, Haiti, Insurance Act, would provide a Federal back- remained above average since 1995. Bosnia, and other areas of the world during a stop for truly disastrous events. Essentially, Coincidentally or not, 1995 also saw the time of declining resources and increased re- Treasury would auction reinsurance contracts highest average global surface temperatures on record, and some scientists say this raises quirements. Colonel Huisking played an impor- to be bid upon by private insurers and State tant role in all of these areas. His legacy is in the possibility that global warming is con- insurance pools. These contracts would be tributing to the increased frequency of hurri- the outstanding soldiers and units who bene- actuarily sound, protecting the Government canes. The coincidence ‘‘is suggestive of fited from his leadership, and who will carry against undue loss, while injecting reinsurance some link to global warming, but that needs the Army into the 21st century. back into the disaster insurance market. The to be proved,’’ said Dr. Mark A. Saunders, The citizens of the State of California, par- contracts would cover disasters that cause chief author of the study. It is ‘‘just one of ticularly the 28th Congressional District, are the possibilities,’’ he said. over $10 billion in insured losses up to $35 bil- Others say that global warming is almost proud of the service of this native son. They lion. Payment on the reinsurance would come join me in thanking him and his family for their certainly not the cause. One is Dr. William from the proceeds from the auction. M. Gray, an atmospheric scientist and hurri- contributions to the Army and the United This legislation would be just what the doc- cane expert at Colorado State University in States, and in wishing them all the best both tor ordered if we are to ensure continued in- Fort Collins. The rise in sea temperature ‘‘is now and in the future. surance availability in disaster prone areas. not related to the warming of the planet,’’ he f Not only does it cover hurricanes, but earth- said, noting that global warming has been quakes, volcanoes, and tsunamis as well. Per- slow, while the Atlantic sea-surface tem- WELCOME TO HURRICANE SEASON perature jumped in a matter of months. haps it is appropriate to discuss this when the It was Dr. Gray and his group of research- HON. BILL McCOLLUM House is considering a supplemental bill to ers who correctly predicted that 1995 would pay for other disasters, which we are currently be one of the most active seasons on record, OF FLORIDA doing. Imagine the burden on the Federal although they underestimated 1996. In April, IN THE HOUSE OF REPRESENTATIVES Government if people who cannot get ade- the group forecast that 1997 would also bring Tuesday, June 10, 1997 quate insurance come looking for assistance? more hurricanes than average, including the more intense ones. These major storms are Mr. MCCOLLUM. Mr. Speaker, today I rise Just another reason we need to act. defined as those with peak sustained winds to highlight the fact that hurricane season is Mr. Speaker, the House Committee on of more than 100 miles an hour, and they ac- upon us. The official start of hurricane season Banking and Financial Services, on which I count for 75 percent of all hurricane damage. is June 1. With that comes an entire east serve, is scheduled to begin hearings on this Lesser hurricanes have peak winds of at coast and gulf coast that braces for the and similar legislation in the near future. I urge least 74 miles an hour. worstÐa hurricane ravaging the landscape. my colleagues to support a solution to this The forecasters predicted that the 1997 hur- Hurricanes are inevitable. They are unpre- current and future crisis affecting people in my ricane season, which officially began on Sun- dictable. They are destructive. And this year, State and across the country. H.R. 230 is a day and lasts through November, would product 7 hurricanes, 3 of which would be in 1997, looks to be a particularly bad year. In solid beginning and I look forward to its con- the intense category, and 4 lesser tropical fact, the New York Times recently ran a story sideration. storms strong enough to be named. By com- titled ``Storm Warning: Bigger Hurricanes and [From the New York Times, June 3, 1997] parison, 11 of the 19 named storms in 1995 were hurricanes, 5 of them severe; last year, More of Them.'' That is not exactly good STORM WARNING: BIGGER HURRICANES AND 9 of the 13 named storms were hurricanes and news. I am attaching the article for the record. MORE OF THEM 6 were severe. The damage that these storms can cause is (By William K. Stevens) absolutely staggering. When measured in to- The Colorado group’s forecast applies to an The East and Gulf Coasts of the United area encompassing the Atlantic Ocean, the day's dollars and projected damage based on States may be entering a long-anticipated, Caribbean Sea and the Gulf of Mexico. It is property value, the worst hurricane occurred in prolonged siege of more frequent and more to be updated on Friday, but Dr. Gray said 1926, before storms were named. It hit south- destructive hurricanes, forecasters say. the update was not expected to depart sub- east Florida and Alabama, and had it hit in the They predict that this summer, more hur- stantially from the April prediction. The same spot today, it is estimated that it would ricanes than normal will develop in the trop- forecasters do not attempt to predict wheth- have caused $72.3 billion in damages. That's ical North Atlantic for the third straight er or where any of the hurricanes will strike right: $72.3 billion. And we thought Andrew in year. This would make 1995–97 the most ac- land. tive three-year period on record for the The forecasts are based on an array of pre- 1992 was bad, hitting only an estimated $33.1 pinwheeling oceanic cyclones, and the ex- dictive signs and atmospheric phenomena billion in damages if the same hurricane swept perts say that could be only the beginning. that Dr. Gray has identified as determining through today. The 1970’s, 1980’s and early 1990’s were a hurricane activity. One is the amount of Mr. Speaker, this is virtually beyond com- time of relatively infrequent hurricanes. rainfall in the Sahel region of western Afri- prehension. And it isn't just Florida. If New Those years did have their big storms: 7 of ca, where the small areas of low pressure June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1167 that are the embryos of hurricanes first It has been suggested in the past that esca- building racial harmony and creating jobs in form. When the Sahel is wetter, Dr. Gray lating hurricane damage in more recent dec- the city of Detroit. Although we have not yet found, more embryos form. This year, the ades has resulted from an increase in the reached his goal, because of his passionate Sahel is wet. number and severity of storms. The Pielke- Another factor is the phenomenon known Landsea analysis found this is not so. In fact, work, relations among our citizens have im- as El Nino, the huge pool of warm water that when all hurricane damage was assessed as if proved dramatically. develops every two to seven years in the it had occurred in 1995, the four biggest hur- It was a shock to everyone last October to eastern tropical Pacific, changing weather ricanes of the last eight years were no longer learn that this great man was stricken with patterns around the world. When it is in the most damaging in history. Andrew, cancer, but his courage and tenacity shone place, high-level winds blowing from the which exacted an all-time record $26.5 billion bright as the Sun as he fought his deteriorat- west tend to shear off the tops of developing in actual damages, was downgraded to sec- ing health to the very end. hurricanes in the adjacent Atlantic, causing ond place by a monster that struck Florida His long request to his long-time friend and them to abort. El Nino may make an appear- and Alabama in 1926. Hugo (1989), Opal (1995) cofounder of Focus:HOPE Eleanor Josaitis: no ance later this year, forecasters say, but the and Fran (1996) slip far down the list. plaques, no streets, no buildings named after Colorado group predicts that it will not do so The analysis, its authors wrote, indicates in time to affect the hurricane picture. clearly ‘‘that the United States has been for- him, ``Just make sure my work continues.'' Other elements include the behavior of tunate in recent decades with regard to Even during his last breath, this hero to stratospheric winds that circle the globe storm losses.’’ Now, they wrote, multibil- many was still concerned about usÐabout the high above the equator and weather features lion-dollar losses may become increasingly future of the city and its people he loved with far remote from the Atlantic hurricane frequent, and it may be ‘‘only a matter of all his soul. belt—things, for example, like the tempera- time’’ before a single storm exacts $50 billion Focus:HOPE will serve as his lasting leg- ture high above Singapore. On balance, the in damages. acy. Born out of the ashes of the Detroit riots forecasters say, the indicators point to high- er-than-average activity this year. f of 1967, Father Cunningham made his dream One of the most powerful indicators, ac- of helping the poor a reality. Whether it was cording to the new study by Dr. Saunders TWENTY-FIVE YEARS OF food, jobs, or racial harmony, Father and Andrew R. Harris, climate scientists at DEDICATION Cunningham and Focus:HOPE were on the University College London in Britain, is the leading edge, breaking new ground, winning Atlantic sea-surface temperature. Their sta- HON. CLIFF STEARNS the war on poverty inch by inch. tistical analysis found that while most of the OF FLORIDA It was an honor to know such a great man. relevant factors were indeed favorable for He was a generous man with a kind heart. His hurricane development in the banner year of IN THE HOUSE OF REPRESENTATIVES service was to God and his fellow man. He al- 1995, the dominating influence was the un- Tuesday, June 10, 1997 usually warm ocean. The temperature in the ways had a kind word, willing ear, and helpful region where hurricanes develop was 1.2 de- Mr. STEARNS. Mr. Speaker, recently in my advice. grees Fahrenheit above the 1946–1995 average, district a celebration was held for Cecil Clark Father William Cunningham was a good a record. The development region was 0.36 of of Leesburg, FL on the 25th anniversary of friend to all he knew and those he didn't know, a degree warmer than average last year and Cecil Clark Chevrolet. I appreciate this oppor- but could help. He will be missed sorely, but is about 0.9 of a degree warmer now. This, tunity to congratulate Cecil for a quarter cen- his legacy and spirit will remain ingrained in said Dr. Saunders, presages another active tury of service to our community. our souls forever. season. his study appeared in the May 15 f issue of the journal Geophysical Research Fifty years ago Cecil Clark sold his first Chevrolet, along with his first Frigidaire appli- Letters. TRIBUTE TO ROZ AND BARNEY The researchers suggest that warmer seas ance. In 1972, he opened up his own car cause more water to evaporate from the sur- dealershipÐCecil Clark Chevrolet. Over the COOPERMAN face. With evaporation, latent heat is re- last 25 years he has sold 25,000 new cars leased in the atmosphere, and the research- and trucks, and he has sold over 40,000 used HON. HOWARD L. BERMAN ers believe that this is what imparts more vehicles. OF CALIFORNIA energy to the embryonic storms coming out His wife Jackie has shared his vision for al- of Africa, making it more likely that they HON. HENRY A. WAXMAN will develop into hurricanes. ‘‘It seems that most 50 years and has worked with him at his OF CALIFORNIA dealership. Now, his son Greg has assumed this is a stronger effect that any other mech- IN THE HOUSE OF REPRESENTATIVES anism, like El Nino or the monsoon in the responsibilities for the dealership as co-owner, western Sahel,’’ Dr. Saunders said. and Mr. Clark's daughter, Cindy Clark Tuesday, June 10, 1997 The question, he said, is whether the rising Brooker, opened her own dealership last year Mr. BERMAN. Mr. Speaker, we are honored sea temperature is a natural expression of in Wildwood, FL. to pay tribute to our dear friends, Roz and the climate system’s variability, independ- Our society is a mobile society, and we are Barney Cooperman, who this year are cele- ent of any influence from a warming atmos- phere. Dr. Gray, for his part, says he believes dependent on automobiles. Cecil Clark and his brating their 50th wedding anniversary. On the warmer ocean temperature is ‘‘a mani- family have been essential in meeting the June 29, Roz and Barney will celebrate this festation of a major change in North Atlan- needs of thousands of people in my district. special occasion in the company of childrenÐ tic ocean circulation.’’ Stately currents in Congratulations, Cecil, and my best wishes they have fiveÐand grandchildrenÐthey have the North Atlantic undergo periodic shifts to you and your family. six. Roz and Barney are wonderful parents on decadal time scales. Dr. Gray said he be- f who have always placed family above all else. lieved that a new pattern was in place, and Roz and Barney met in 1946 while attending that it was likely to presage a decade or two FATHER CUNNINGHAM: PASSION, the University of California at Berkeley. The of above-average hurricane activity. COURAGE, TENACITY ‘‘This is the greatest fear we have,’’ he next year they got married in Brooklyn; the said, ‘‘that we’re entering a new era. I be- year after that the couple moved to Los Ange- lieve we are.’’ HON. JOE KNOLLENBERG les, where they have lived ever since. Barney If so, the new Federal study on hurricane OF MICHIGAN went into law practice in 1949, while Roz be- damage may offer a preview of what lies IN THE HOUSE OF REPRESENTATIVES came a history instructor at Los Angeles City ahead. In the study, Dr. Roger Pielke Jr. of College. In 1952 she left teaching to raise a the National Center for Atmospheric Re- Tuesday, June 10, 1997 family. search in Boulder, Colo., and Dr. Christopher Landsea of the National Oceanic and Atmos- Mr. KNOLLENBERG. Mr. Speaker, I rise Almost as long as they have been married pheric Administration’s hurricane research today to honor a special personÐFather Wil- Roz and Barney have been involved in com- division in Miami calculated how much dam- liam CunninghamÐwho passed away last munity and political affairs. Barney has served age would result from past hurricanes if they week. Detroiters, those in need and Catholics on the boards of a public radio station, a had occurred in 1995, when the coasts held across America have not only lost a kind ben- teacher-training nursery school and Temple Is- many more people and much more wealth efactor and gentle heart, we have lost a hero, rael of Hollywood. He also started a leading than earlier. friend, and a perfect model of inspiration and Democratic club, organized local Democratic The calculation, which also accounts for inflation, shows that if the more numerous hope. nominating conventions and served on the storms of the very active quarter-century A visionary pragmatist who founded state Democratic Central Committee. In 1980 prior to 1970 were to hit the mainland now, Focus:HOPE, one of the Nation's largest civil Barney was appointed to the bench as a su- each of the storms would cause far more rights organizations, Father Cunningham perior court judge, in which position he served damage than it did back then. worked tirelessly for more than three decades with great distinction until 1995. E1168 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 As a mother and teacher, Roz has been Nearly 64,000 children in Michigan would be Nearly 200,000 legal immigrants on AFDC quite active in the area of education. She has made poor.ÐChildren's Defense Fund in Los Angeles County would lose their bene- served on the Los Angeles Unified School Dis- 1.2 million legal immigrants, including fits.ÐSan Francisco Chronicle, February 13, trict's Gender Equity Commission, the 450,000 children, would lose SSI and/or food 1997 LAUSD's Parents' Collaborative and on the stamps.ÐChildren's Defense Fund 150,000 receive SSI in Los Angeles Coun- Intergroup Relations/Multicultural Education 10% of all families nationwide would lose ty.ÐSan Francisco Chronicle, April 19, 1997 Committee. She has otherwise worked with some benefits.ÐChildren's Defense Fund 90,000 receiving SSI in Los Angeles County pro-choice groups and on issues such as wel- For families with children, more than 20% are children.ÐSan Francisco Chronicle, April fare reform and affirmative action. She is truly would lose some benefits.ÐChildren's De- 19, 1997 a model of civic involvement. fense Fund 200,000 legal immigrants in Los Angeles We ask our colleagues to join us today in 20% of families with children would have County on AFDC face a cutoff.ÐSan Fran- saluting Roz and Barney Cooperman, whose their incomes reduced by $1,300 a year.Ð cisco Chronicle, April 19, 1997 devotion to each other and their community is Children's Defense Fund In Los Angeles County, 430,000 legal immi- a model for us all. May they have many more LEGAL IMMIGRANTS grants could lose food stamps and other fed- years of happiness together. 500,000 legal immigrants will be cut off the eral aid.ÐSan Francisco Chronicle, February f SSI rollsÐWashington Post, May 3, 1997 13, 1997 Nearly 1,000,000 legal immigrants will lose Nearly 200,000 legal immigrants on AFDC DISMANTLING THE SAFETY NET food stamps.ÐWashington Post, May 3, 1997 in Los Angeles County would lose their bene- 400,000 elderly legal immigrants will not re- fits.ÐSan Francisco Chronicle, February 13, HON. FORTNEY PETE STARK ceive SSI.ÐLos Angeles Times, June 5, 1997 1997 100,000 severely disabled legal immigrants OF CALIFORNIA CONNECTICUT will be cut off SSI.ÐNew York Times, June 5, IN THE HOUSE OF REPRESENTATIVES 19,000 legal immigrants in Connecticut are 1997 on SSI.ÐHartford Courant, January 31, 1997 Tuesday, June 10, 1997 1,000,000 legal immigrants could lose food stamps nationwide.ÐLos Angeles Times, May PENNSYLVANIA Mr. STARK. Mr. Speaker, in the few short 484,000 families on AFDC will be affected in months since Congress has embarked on the 2, 1997 Four statesÐCalifornia, New York, Florida, Pennsylvania.ÐPittsburgh Post-Gazette, misguided and destructive mission of welfare March 2, 1997 reform, the dismantling of the safety net nec- and Texas, with 1¤3 of the House of Rep- NEW YORK essary for the health and well-being of our Na- resentatives and all with Republican gov- The new law will affect 70,000 in New York tion's most vulnerable populationsÐour chil- ernorsÐwould be the hardest hit under this City.ÐNewsday, April 22, 1997 dren and the elderlyÐhas reaped deadly ef- new law.ÐNewsday, April 10, 1997 85,000 legal immigrants will lose benefits in fects. The Republican wish has come true. Legal immigrants account for 5% of those in New York City.ÐNew York Times, May 10, Republicans have successfully removed the the U.S. who receive welfare, but will bear 44% of the cuts.ÐSan Francisco Chronicle, 1997 neediest Americans from the rollsÐperma- In an area of Brooklyn called Southside, nently. February 13, 1997 nearly 1¤2 of the 27,000 residents receive In March of this year, one man took his own Legal immigrantsÐincluding those poor some form of public assistance. If thousands life to avoid the uncertainty of the future. After legal immigrants over 75 or permanently dis- lose their benefits, it would bring extreme receiving a letter informing him that he might abledÐare wholly ineligible for food stamps.Ð hardship to this neighborhood.ÐNew York be cut off of Social Security, Ignacio Munoz, a Center on Budget Times, March 10, 1997 75-year-old elderly legal immigrant, put a gun CALIFORNIA to his head and pulled the trigger. Mr. Munoz 224,000 legal immigrants will be cut off in FLORIDA had worked in the United States for 40 years, CaliforniaÐRocky Mountain News, May 17, 54,000 legal immigrants live in Florida.Ð but the Social Security Administration had 1997 Sun-Sentinel, April 20, 1997 payment records only for 10 years. Mr. Munoz Over 3,000 elderly legal immigrants will lose 39,000 legal immigrants in Florida are over committed suicide because of extreme fear of welfare benefits in Sacramento County.ÐSac- 65 years old.ÐSun-Sentinel, April 20, 1997 43,000 legal immigrants in Florida live in being cut off from his only means of support. ramento Bee, May 17, 1997 41% of all legal immigrants who are sched- just one county, Dade County.ÐSun-Sentinel, Mr. Munoz' fear of being left out in the cold uled to lose disability payments live in Califor- April 20, 1997 continues to grip the legal and elderly immi- nia.ÐLos Angeles Times, May 2, 1997 f grant community. 427,000 legal immigrants live in Califor- Still, with vehement opposition from State nia.ÐLos Angeles Times, May 2, 1997 GRAND OPENING OF THE SUTTER and local governments, advocacy groups, and 135,000 legal immigrants over 65 years old ROSEVILLE MEDICAL CENTER poor and disabled Americans themselves, Re- live in California.ÐSan Francisco Chronicle, publicans continue to turn a deaf ear while un- April 19, 1997 HON. JOHN T. DOOLITTLE ashamedly forging ahead. As the Ways and Three-fold increase in the number of new OF CALIFORNIA Means Committee begins the welfare rec- homeless.ÐAlameda County Health Care IN THE HOUSE OF REPRESENTATIVES onciliation markup, I believe it is important to Services Tuesday, June 10, 1997 heed these predictions from experts concern- In California, hundreds of thousands coming ing the impact of welfare reform: off the welfare rolls would vie with one million Mr. DOOLITTLE. Mr. Speaker, I would like CHILDREN already on the unemployment rolls for entry- to call to your attention the momentous occa- In California, nearly 250,000 children would level jobs.ÐSan Francisco Chronicle, January sion of the grand opening of the new Sutter be denied benefits.ÐChildren's Defense Fund 10, 1997 Roseville Medical Center, located in Roseville, 1 Nationwide, nearly ¤2 of all children with LOS ANGELES COUNTY CA. The center will officially open its doors to disabilities, or 140,000, will lose SSI.ÐChil- In Los Angeles County 430,000 legal immi- patients on Sunday, June 22, 1997. dren's Defense Fund grants could lose food stamps and other fed- Sutter Roseville Medical Center is an affili- Nearly 3.3 million children would be denied eral aid.ÐSan Francisco Chronicle, February ate of Sutter/CHS, one of northern California's welfare assistance.ÐChildren's Defense Fund 13, 1997 largest not-for-profit health care systems. The 1.14 million children will be driven into pov- In Los Angeles County, welfare cutbacks medical center will open with 168 licensed erty, making one child in four poor in Amer- will impact 518,000 people.ÐChildren's De- beds and the capacity to expand to 188 beds ica.ÐChildren's Defense Fund fense Fund if the need arises. The inpatient areas of the Nearly 134,000 children in New York State Up to 227,600 people could lose health care new medical center will include a dedicated would be impoverished.ÐChildren's Defense insurance in Los Angeles County.ÐChildren's birth center, an emergency department and Fund Defense Fund trauma center that is three times the size of 300,000 children will be cut from SSI.ÐSo- Up to 30,000 women could lose prenatal the existing Sutter Roseville, and a beautiful, cial Security Administration care in Los Angeles County.ÐChildren's De- home-styled skilled nursing facility. 50,000 children will lose Medicaid bene- fense Fund The 315,000-square-foot medical center fits.ÐSocial Security Administration Up to 21,000 additional children could wind was designed by staff, physicians and mem- Over 57,000 children in Texas would be re- up in Foster Care in Los Angeles County.Ð bers of the community to be responsive to pa- duced to poverty.ÐChildren's Defense Fund Children's Defense Fund tient and family needs. A critical aspect of the June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1169 medical center's development is its incorpora- INTRODUCTION OF THE CARL D. Concerns have been raised regarding the tion of user-friendly outpatient services into its PERKINS VOCATIONAL-TECH- authorization level of the billÐthat the number overall design. Another hallmark of the new NICAL EDUCATION ACT AMEND- is too low. The 1990 amendments reauthor- Sutter Roseville Medical Center is the accen- MENTS OF 1997 ized the program at $1.6 billionÐa number tuation of the natural beauty of the Placer that was never reached. Current appropriation amounts for vocational-technical programs are County oaklands, which provide a healing en- HON. FRANK RIGGS a little over $1 billion. I believe we should au- vironment for patients and their families. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES thorize more closely to actual appropriations It should also be noted that this remarkable amounts. Some have suggested using such Tuesday, June 10, 1997 facility would not have been possible without sums for an authorization amount. While I the tremendous commitment and support of Mr. RIGGS. Mr. Speaker, today I am intro- support this idea, I have been told that the the Roseville community. Forty five years ago, ducing the Carl D. Perkins Vocational-Tech- Congressional Budget Office for scoring pur- this community rallied to raise funds to make nical Education Act Amendments of 1997. poses recommends an actual dollar figure. Roseville's first hospital a reality. Today, after This bill reauthorizes and reforms the current f vocational education statute. years of planning and preparation and the Let me state for the record that this legisla- INTRODUCTION OF THE LOCAL raising of over $1.8 million, the Roseville com- tion is not, nor is it intended to be, com- TELEVISION COMPETITION AND munity has once again shown what can be ac- prehensive school reform. Neither is this legis- DIVERSITY ACT complished when people join together toward lation intended to be school-to-work or expan- a common and worthy cause. sion of the School-to-Work Act. School-to-work HON. CLIFF STEARNS Mr. Speaker, I ask that you join me, our col- is a separate freestanding act. OF FLORIDA leagues, the residents of Placer County and Seventy-five percent of our Nation's youth IN THE HOUSE OF REPRESENTATIVES do not receive a 4-year college degree. It is the city of Roseville in celebrating the grand Tuesday, June 10, 1997 imperative that our youth receive a high qual- opening of the Sutter Roseville Medical Cen- ity education whether they are bound for col- Mr. STEARNS. Mr. Speaker, I rise today to ter. lege, the military, further education or training offer a substantive piece of legislation regard- or directly into the work force. ing the duopoly rules of broadcast ownership f Too many high school graduates are func- under the current law. tionally illiterateÐunprepared to meet the In the historic Telecommunications Act that A TRIBUTE TO THE REDLANDS needs of the next century. I believe this billÐ was introduced in 1995, the Commerce Com- HIGH SCHOOL MOCK TRIAL TEAM which focuses on strengthening the academics mittee of the House of Representatives in- of vocational-technical educationÐwill work to- cluded provisions in its version of the act that ward eradicating this problem. According to a would have allowed ownership of two broad- HON. JERRY LEWIS witness who testified before my subcommittee cast stations in a local market. The members OF CALIFORNIA on the legislation, functional illiteracy costs of the House Commerce Committee who sup- U.S. business $300 billion annually. ported duopoly reform believed that allowing IN THE HOUSE OF REPRESENTATIVES Our Nation's youth deserve a quality edu- one person or entity to own two such stations Tuesday, June 10, 1997 cationÐwhether they pursue a vocational- would not have a negative effect on local com- technical course of study or college prep. We munities, but would in fact promote program- Mr. LEWIS of California. Mr. Speaker, I should have high expectations of our students. ming diversity and would strengthen local would like to bring to your attention the fine Education is the key to our Nation's future broadcast owners who could not operate their achievements of an outstanding group of stu- economic prosperity and the cornerstone of businesses in a way that provided the best dents from Redlands High School in San equal opportunity in American society. It is my programming services to their local commu- nities. Bernardino County, CA. Earlier this year, the hope that this legislation broadens the oppor- tunities for vocational-technical students after Unfortunately, our efforts were not agreed to Redlands High School mock trial team partici- high school. We held a hearing at Thomas by our Senate colleagues and the duopoly pated in and emerged victorious from both the Jefferson High School for Science and Tech- provisions were not a part of the final con- San Bernardino County championship and nology in Fairfax, VA and were told by north- ference report to the Telecommunications Act, State championship competitions, earning the ern Virginia business leaders that 18,000 jobs which was signed into law by President Clin- right to compete at the national level. are currently unfilled in northern Virginia be- ton in 1996. Under the fine coaching of Donna St. cause individuals do not have the skills to fill In order to rectify this situation, I have intro- George of Redlands High School and legal them. the average salary for these jobs is over duced this legislation to provide for real duop- oly reform. The heart of the legislation would coaching of Michael Knish, a deputy public de- $45,000. If we are going to ensure that America allow a person or company to own two sta- fender for San Bernardino County, the 11- meets the next century as a world leader, we tions in a local market, but one would have to member mock trial team won the San need to focus on making sure our citizens be a UHF station. Therefore, such an entity Bernardino County championship on March 1. have the technological skills to compete. I could own two UHF stations or a VHF±UHF On April 6, these dedicated students defeated want to eliminate the functional illiteracy that combination. Notwithstanding, however, the the best teams in the State of California to win permeates our work force. FCC still would have an override of that duop- the State championship in Sacramento. As a It is my intent with this legislation that we do oly condition if they significantly harm diversity result of that victory, the Redlands High not leave behind the 75 percent of students in their opinion. School mock trial team traveled to Nashville in who do not receive a 4-year college degree. I This bill also would allow the FCC, under May to compete in the national championship. truly think it is time that we stop telling 75 per- unusual and compelling circumstance, to allow They emerged from this competition with a cent of our country they are not good people a person or company to own two VHF sta- because they do not have a baccalaureate de- tions. Relaxation of the duopoly rule will mean 16th place finish putting Redlands High School gree. more local programming in the market, more among the finest in mock trial teams in the en- This bill would also send 90 percent of news, more sports, and more children's pro- tire United States. funds to the local level. If we are going to see gramming. This change is necessary to en- Mr. Speaker, I ask that you join me and our true change in vocational-technical education, sure that free, over-the-air television continues colleagues in paying tribute to Manuel Aguilar, it is not going to come from the Federal level. in a multichannel world. David Burton, Christopher Carrillo, Jesse It is going to come from the local levelÐfrom The communications marketplace today is Dioquino, Angela Gi, Erica Hagstrom Kevin the teachers who are in the classroom making vastly different than when the television local Hicks, Rachel Julagay, Grace Kong, Candice a difference. ownership rule was last examined in 1964. I have been working very closely with the Since that time, there has been a substantial McNeil, and Tiffany Wang. To say the least, I ranking member of the subcommittee, MARTY increase in the number of broadcast television am extremely proud of these fine students and MARTINEZ, and hope that he will support the stations and phenomenal growth in other it is only fitting that the House of Representa- bill and that we can have a bipartisan bill with video technology and outlets, including cable, tives recognize their achievements today. a broad base of support. DBS, wireless cable, and Internet broadcast. E1170 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 There are now more voices in every market, Today I am submitting a bill that would give ON CONDEMNING PALESTINIAN and more competition for viewers and adver- these airmen their long-overdue recognition, DEATH PENALTY FOR LAND tising dollars with these additional players. The and I am proud to say that it has already gar- SALES competition for advertising dollars has been nered the bipartisan support of 21 of our particularly formidable as cable systems in- House colleagues. Representative PETER HON. JOHN D. DINGELL creasingly cluster themselves over entire local DEUTSCH assisted me in this important effort, OF MICHIGAN markets, thus enabling them to offer advertis- and I thank him for his early support of this IN THE HOUSE OF REPRESENTATIVES ers the same buy as local broadcasters. The sheer abundance of media outlets now bill. An identical bill will be introduced this Tuesday, June 10, 1997 available to consumers ensures that a relax- week by Senators TIM HUTCHINSON and JO- Mr. DINGELL. Mr. Speaker, today the ation of the duopoly rule to permit UHF±UHF SEPH LIEBERMAN. House agreed to an amendment to H.R. 1757, and UHF±VHF combinations poses no threat The Nazi concentration camps will forever the Foreign Policy Act, which condemns the to diversity and competition. Indeed, a revision occupy a ignominious place in our human his- use by the Palestinian Authority of the death of the duopoly rule will help preserve diversity tory, and we have long recognized the bravery penalty for any Palestinian who sells land to a and competition in local broadcasting markets. and daring of many prisoners who fought their Jew. Indeed, the statements cited in the resolu- Whether it is providing critical emergency in- Nazi oppressors and struggled to win political formation, as in the case of the recent North tion offered by the gentleman from New York and religious freedom. But tragically, the Unit- Dakota floods, or covering local sports teams, [Mr. PAXON] cause great concern because or reporting the local news, local stations ed States has never formally recognized the those statements support a violent, divisive, serve a unique and vital role in their commu- service, sacrifice, and bravery of these Amer- and foolish policy which is based in prejudice nities, all at no cost to the viewing public. But ican airmen while they were held as political and hatred. To condone, or worse yet pro- local programming is very expensive to prisoners at the Buchenwald Concentration mote, the execution of citizens for the sale of produce. Duopoly rule revision will give sta- Camp. property to Israelis is wrong, and I support this tions flexibility to pool resources and provide My bill, which is endorsed by the American body's assertion that this policy should be more quality programs for their communities. Ex-Prisoners of War and the Veterans of For- condemned. I am troubled, however, Mr. Speaker, by the At the same time, wireless broadcasters and eign Wars, would recognize these 82 Amer- Internet providers will still be competing with tone of the amendment offered by the gen- ican airmen and ask that the President issue these broadcasters for consumers. tleman from New York, as well as by the ac- I strongly believe that this is good legisla- a proclamation commending them, by name, cusations that this behavior represents a tion, especially in light of the dramatic owner- for their service. I have also included a list of unique and unilateral breach of the Oslo ac- ship changes already taking place in the field these airmen, by name, that I would ask be in- cords. Most knowledgeable individuals and ob- of telecommunications. Considering the Bell serted in the CONGRESSIONAL RECORD. servers understand that the breakdown of the Atlantic±NYNEX merger, the MCI±BT an- I encourage all of my colleagues to join us Middle East peace talks plays prominently in nounced merger, and the proposed AT&T± in support of this important measure, so that the background of policies on all sides which SBC merger, we are seeing clear consolida- those veterans still living, and the families and have stymied constructive peace negotiations. tion in telephony. There is also multichannel friends of those who have passed on, can fully Both Israel and the Palestinian Authority ownership in cable services and cross-cable realize the public recognition these brave men have undertaken activities which have led to services, such as Viacom owning MTV, Nick- charges that each side has violated the peace so surely deserve. elodeon, and other stations, as well as ABC agreements signed on the South Lawn in owning 80 percent of ESPN. LIST OF WWII AMERICAN AIRMEN HELD AT 1993. Following the recent insistence by Israel The banning of ownership of two local BUCHENWALD CONCENTRATION CAMP that construction of settlements in Har Homa broadcast stations is a glaring deficiency and must go forward, there has been a break in unfair result of the Telecommunications Act. NOT LOCATED the peace talks which has greatly concerned The multiple current instances in the industry Freeman, E.C. Scharf, B.T. our Government. Secretary of State Albright Hanson, J.T. Scott, G.W. of Local Marketing Agreements [LMA's], which Horrigan, R.J. has concluded that a trip to the region makes allows two local broadcast stations to combine little sense until Israel and the Palestinians do efforts and financial relationships in order to DECEASED more on their own to break the impasse and improve their stations' programming ability, re- Alexander, William Smith, J.W. resume a constructive dialog. flect that such duopoly ownership could actu- Beck, Levit C. Vance, Ira E. Given these many problems, Mr. Speaker, I ally promote diversity in programming, as well Crouch, M.E. Wilson, P.J. must express my reservations with the parts of as saving numerous local stations from bank- Duncan, James H. Zeiser, J. the amendment offered by the gentleman from ruptcy enhancing the limited financial re- Heimerman, L.A. Chapman, Park New York which imply that only the Palestin- sources of many stations. MacLenahan, J.H. Suddock, D.E. ian Authority must resume a responsible I am proud to sponsor this legislation and I Mauk, W.E. Horwege, G.L. course. For when it comes time for the Presi- Pecus, Steve Edge, W.L. look forward to the Federal Communications Pennel, Sam dent to assure that the Palestinian Authority is Commission supporting my legislation on du- meeting its commitments to Israel, will anyone opoly reform through its forthcoming rule- STILL LIVING be mindful of the commitments made by Israel making on this issue. Bauder, W.F. Moser, J.F. to the Palestinians? f Bedford, R.L. Pacha, A.M. f Bowen, C.E. Paxton, S.K. SUPPORT WWII ALLIED AIRMEN Brown, R.H. Powell, W. CLARIFYING THE TAX TREAT- HELD AS POLITICAL PRISONERS Carr, F.W. Raynolds, N.L. MENT OF AVIATION MAINTE- Chalot, J.A. Richey, G.T. Sr. NANCE COSTS—PREVENTING HON. DAVE WELDON Chessir, D. Ritter, E.W. COST INCREASES OF AVIATION Coats, B.A. Roberson, C.W. SAFETY OF FLORIDA Cowan, F.K. Ryherd, W.H. IN THE HOUSE OF REPRESENTATIVES Coffman, J.D. Shearer, D.R. Tuesday, June 10, 1997 Dauteul, D.F. Straulka, P.A. Jr. HON. MAC COLLINS Denaro, Joe Sypher, L.H. OF GEORGIA Mr. WELDON of Florida. Mr. Speaker, 52 Fore, J.W. Thompson, W.A. IN THE HOUSE OF REPRESENTATIVES years is a long time to wait, but the Federal Hastin, J.D. Vratney, Frank Government should finally recognize the brav- Hilding, R.D. Watson, J.P. Tuesday, June 10, 1997 ery and sacrifice of a group of World War II Hunter, H.F. Ward, Robert Mr. COLLINS. Mr. Speaker, today I rise to airmen who were held as German political Johnson, R.T. Williams, W.J. introduce legislation that will clarify in the In- King, Myles A. Zander, A.E. prisoners. These airmen were different from Larson, M.E. Phelps, B.F. ternal Revenue Code what has historically other Allied prisoners because they were held Little, B.S. Pelletier, A.J. been and should continue to be the tax treat- at Buchenwald, a Nazi concentration campÐ Ludwig, E.F. Friel, Edward J. ment of expenses attributable to certain FAA- and therefore not subject to the protections of McLaughlin, D.G. Petrich, M.R. mandated aviation industry maintenance the Geneva Convention. Mitchell, G.E. checks. June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1171 The IRS has attempted to change the his- Forces Win the Next War?’’ that had been that cannot be preemptively destroyed and torical tax treatment of certain aviation mainte- published by the People’s Liberation Army that will be capable of holding American nance expenses by denying the industry's (PLA) for internal consumption only. cities and other targets credibly at risk. According to Munro, this book provided A foretaste of the use to which China may ability to deduct those that arise from ordinary ‘‘virtual confirmation of reports . . . that be willing to put such a capability can be and necessary maintenance and repair of air- the Chinese leadership in general and the seen in a report published on the front-page craft. Instead, the IRS is requiring that these senior Chinese officer corps in particular of the New York Times on 24 January 1996. It maintenance costs be treated as nondeduct- view the United States as China’s principal described how a senior Chinese official had ible capital improvements. Previously I joined adversary now and for decades to come.’’ signaled Beijing’s willingness to engage in with several of my colleagues and asked Sec- This view has become even more entrenched ‘‘nuclear blackmail’’ against the United during the intervening years. As Munro and States by suggesting that American inter- retary Robert Rubin to reverse the agency's ference in China’s coercion of Taiwan could position. Although I was assured the issue co-author Richard Bernstein put it in their own, critically acclaimed book published result in an attack on Los Angeles. In the would be studied and I would receive a re- earlier this year, ‘‘The Coming Conflict with absence of any deployed U.S. ability to inter- sponse, to date I have received no reply. China.’’ cept a Chinese ballistic missile launched at I strongly support a clarification of the tax ‘‘China’s harsh rhetoric and incidents like Los Angeles—or any other target in the treatment of these maintenance expenses so [a dangerous U.S.-Chinese naval encounter in United States—such threats may well have October 1994] in the Yellow Sea are not so the desired effect. the aviation industry may continue to deduct Build-up of Other Aspects of China’s Mili- much temporary responses to a temporary these expenses. Doing so is important in order tary: Beijing is also pouring billions of dol- situation but products of a fundamental to prevent increasing the costs of aviation lars into what might be called a ‘‘Great Leap change in the Chinese attitude toward the safety. Forward’’ for other elements of the People’s United States. The use of the words Liberation Army, notably its power-projec- I strongly encourage my colleagues to join ‘hegemonism,’ ‘subversion’ and ‘interference’ tion capabilities (long-range aircraft, blue- this effort by cosponsoring this legislation. with regard to the United States signals a f water naval units, precision-guided muni- change in China’s strategic thinking. Before, tions and unconventional weapons). Such ca- Beijing saw American power as a strategic MFN pabilities pose, most immediately, a danger advantage for the PRC; now, it has decided that China will be able to control transit of that American power represents a threat, the South China Sea and access to its energy HON. BENJAMIN A. GILMAN not just to China’s security but to China’s and other strategic resources.4 plans to grow stronger and to play a para- OF NEW YORK China’s drive to modernize the non-nuclear mount role in the affairs of Asia. IN THE HOUSE OF REPRESENTATIVES elements of its military is also benefitting ‘‘China, in short, has determined that the hugely from imported technology. Thanks to Tuesday, June 10, 1997 United States—despite the trade, the diplo- advanced machine tools, computer-aided de- matic contacts, the technology transfers, the sign capabilities, composite materials, chip- Mr. GILMAN. Mr. Speaker, today, I received numerous McDonald’s and Kentucky Fried a copy of an excellent paper from Frank manufacturing technology and the other for- Chickens open in the People’s Republic, de- eign dual-use technology like—whether ac- Gaffney with the William J. Casey Institute of spite even the limited amount of cooperation quired legally or illegally—together with its the Center for Security Policy. The paper that still existed between the two coun- purchase of full-up military hardware or makes the excellent point that: ``While MFN is tries—is its chief global rival.’’ components,5 Beijing is now obtaining new a blunt instrument * * * it is also the only The enormous impetus behind China’s de- generations of highly competitive jet fight- measure currently on the table that is remotely termined effort to acquire a modern military ers, cruise missiles, attack submarines and capable of decisively projecting power de- armored vehicles. The threat posed by such proportionate to the magnitude of the danger rives from this zero-sum view of the U.S.– Beijing is creating, to a considerable degree weaponry will not arise from China alone; PRC relationship.1 The Chinese leadership given past Chinese practices, such equipment with resources it is garnering from trade with believes, after all, that it must be able not will shortly be available for purchase by the United States.'' only to dominate the nations of East Asia rogue states from Iran to North Korea. I ask that my colleagues read the paper and and the South China Sea. It sees China as Espionage: The illegal acquisition of U.S. request that the full text be printed at this point having to exercise control over the Pacific technology—especially that of the dual-use in the RECORD: out to what the Chinese call ‘‘the second is- variety—is a priority assignment for the land chain’’ (i.e., the Philippines, Japan and hundreds of People’s Liberation Army-owned NON-RENEWAL OF MFN FOR CHINA: A PROPOR- even the U.S. territory of Guam).2 The larger or -affiliated front companies operating in TIONATE RESPONSE TO BEIJING’S EMERGING, purpose appears to be even more ambitious: the United States.6 Together with large TRADE-SUBSIDIZED STRATEGIC THREAT to render the United States incapable of ex- numbers of intelligence operatives, 40,000 WASHINGTON, DC.—Congress is expected ercising influence in Asia that would com- graduate and undergraduate students and shortly to consider President Clinton’s pro- pete with, let alone counter, Chinese hegem- Overseas Chinese entrepreneurs doing busi- posal to renew for an additional year China’s ony in the region. ness in this country or with its companies,7 Most Favored Nation (MFN) status. While IMPLEMENTING THE STRATEGY America faces a literally unprecedented risk there are many compelling reasons for op- of penetration and espionage and, con- The Chinese are pursuing a multifaceted posing such a renewal, the William J. Casey sequently, an immense counter-intelligence campaign to accomplish these strategic ob- Institute of the Center for Security Policy challenge. In his new book about economic jectives. The following are among the means believes that there is one overarching factor espionage, ‘‘War by Other Means,’’ John the PRC is pursuing toward such ominous that demands this step: Communist China is Fialka declares that China’s prime intel- ends: utilizing much of the huge trade surplus that ligence agency, the Ministry of State Secu- Strategic Force Modernization: The Wash- it enjoys thanks to this privileged trading rity, has ‘‘flooded the United States with ington Times recently reported that China is status to mount a strategic threat to the spies, sending in far more than the Russians expected to begin deploying by the year 2000 United States and its vital interests in Asia, even at the height of the KGB’s phenomenal an advanced intercontinental-range ballistic the Middle East and beyond. campaign.’’ missile, designated the Dong Feng-31 (DF– While MFN is a blunt instrument—affect- Not least is the danger that China’s pene- 31). This missile will give Beijing the ability ing, if it is denied, millions of innocent Chi- tration of the computer and telecommuni- to deliver nuclear warheads with great accu- nese workers, the economy of Hong Kong, cations industries will translate into a so- racy throughout the Pacific and parts of the U.S. jobs associated with exports to and im- phisticated, if not unique, Chinese capability western United States. ports from China, etc.—it is also the only to wage information warfare (IW) against the The DF–31 reportedly is benefitting from measure currently on the table that is re- United States. This capability is especially SS–18, SS–25 and Topol–M ICBM technology motely proportionate to the magnitude of sinister since the vulnerability of America’s China is obtaining from Russia and/or the danger Beijing is creating, to a consider- computer infrastructure to IW attacks offers Ukraine. Its lethality—and that of other Chi- able degree with resources it is garnering Beijing a means to inflict grave harm on the nese strategic forces—will be greatly en- from trade with the United States. U.S. economic and national security in a hanced by supercomputers the United States way that may enable the attacker to avoid CHINA’S OFFENSIVE STRATEGY has provided to Beijing’s military-industrial detection, responsibility and retaliation. In the Summer 1994 edition of Orbis, Ross complex.3 And the DF–31 is expected to be Arming U.S. Gangs and Drug Lords: China H. Munro reported that, in 1993, the West was fielded on a mobile transporter-erector- has been caught shipping AK–47s and other afforded ‘‘an unprecedented—and at times launcher derived from Russian technology lethal firepower to criminal elements in this disturbing—inside look at how important supplied by Belarus. The survivability af- country with the potential to sow mayhem elements in China’s armed forces view neigh- forded by this MAZ launcher, together with in American society. PLA-affiliated compa- boring countries as well as the United advances in Chinese ballistic missile-launch- nies have offered to sell undercover U.S. law States.’’ This insight was obtained when a ing submarines capable of firing the DF–31, enforcement officers posing as drug lords not Western diplomat serendipitously obtained a suggests that Beijing is intent on acquiring only automatic weapons—whose lethal ef- copy of a book entitled ‘‘Can China’s Armed a formidable strategic nuclear capability fects were evident when the streets of Los E1172 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 Angeles were turned into a war zone by bank states capable of using them against U.S. decide whether to export militarily-sensitive robbers wielding AK–47s manufactured by personnel, interests and/or allies. Worse yet, equipment and technology to China or risk the Chinese firm Norinco 8—but rocket-pro- it seems safe to assume that open source losing their unfettered access to the Amer- pelled grenade launchers, light armored ve- data concerning China’s proliferation activi- ican marketplace). hicles and shoulder-fired surface-to-air mis- ties are but the tip of the iceberg. If so, the Increasing significantly the resources dedi- siles. picture that emerges is one of a nation sys- cated to uncovering and thwarting Chinese China is also believed to be active in sup- tematically seeding the Middle East, Persian espionage, technology theft and influence plying narcotics from Southeast Asia to the Gulf and South Asia with chemical, biologi- operations in the United States. And U.S. market. Its merchant marine—the Chi- cal and nuclear weapons technology—to- Intensifying efforts to provide truthful in- nese Ocean Shipping Company (COSCO)—has gether with ballistic and cruise missiles with formation and encouragement to those re- been implicated in smuggling drugs as well which such arms can be delivered over in- sisting communist repression (including as guns and other contraband into the Unit- creasingly long ranges. greatly expanding the operations of Radio ed States. President Clinton has nonetheless This danger is only increased by the pros- Free Asia; enforcing the existing bans on the personally intervened no fewer than three pect that the Peoples Republic of China re- importation of slave labor-produced goods; times on COSCO’s behalf in connection with gards these transactions as more than sim- imposing penalties for religious intolerance, the effort this arm of the PLA has been mak- ply a valuable means of generating hard cur- etc.) After all, how a nation treats its own ing to take over the U.S. Navy’s vast Long rency, securing energy supplies and garner- people is a good indicator of how it is likely Beach Naval Base. This is all the more ex- ing influence around the world. If Beijing is to deal with those of other states. This step can help make clear that the traordinary since, according to a senior So- also using proliferation as an integral part of United States is not an enemy of the Chinese viet military intelligence officer who de- a campaign to diminish U.S. presence and in- people, but that it steadfastly opposes the fected to the United States, China is likely fluence in the Western Pacific, the possibil- totalitarian government that brutally rules collaborating with Russia in utilizing COSCO ity that its clients might use Chinese-sup- them. It can also help undercut the national- assets and facilities for signals intelligence plied arms to precipitate conflict in regions ist xenophobia that the Chinese leadership and other espionage activities, pursuant to far removed from Asia could seen as desir- promotes in its bid to retain power. the two nations’ bilateral intelligence co- able by the Chinese leadership. After all, it operation agreement of 1992. would almost certainly preoccupy the United THE BOTTOM LINE Financial Penetration: Since 1988, China States—substantially tying down and draw- The Casey Institute is under no illusion has issued some eighty bonds on the U.S. and ing down its military, political and strategic that the tremendous course-correction en- Western securities markets. While the bulk resources. tailed in such steps will be easily taken by of these have been yen-denominated bonds, either the U.S. executive or legislative A PRESCRIPTION FOR U.S. POLICY TOWARD CHINA the total amount of dollar-denominated Chi- branches. Still, the nature of the threat nese bonds (primarily issued in the U.S. mar- The United States can no longer indulge in posed by China is in key respects of a greater ket) has now reached at least $6.7 billion. the delusion served up by some of Beijing’s magnitude and vastly greater complexity This preferred borrowing venue provides paid advocates—namely, that it is up to than that mounted by the Soviet Union at major Chinese state-owned enterprises and America whether China will become an the height of the Cold War. It behooves the banks intimately connected with the PLA enemy. In fact, their writings for internal United States correctly to perceive this dan- and Beijing’s security services with access to consumption, their policies and programs ger and respond appropriately before it be- large sums of undisciplined, unconditioned make it clear that the Chinese leadership de- comes any harder to do so. and inexpensive cash. This money can be eas- cided to view the U.S. in that way years ago. FOOTNOTES The available evidence suggests that it is ily diverted to finance activities inimical to 1 foolish to discount the implications of Chi- According to a front-page article in the 19–25 May U.S. security interests—not to mention 1997 issue of Defense News; the Pentagon has just re- American principles and values. Worse yet, na’s strategy for U.S. security out of some leased a study entitled ‘‘Chinese Views of Future in the process, Beijing is successfully re- confidence that Western capitalism’s ‘‘en- Warfare,’’ that draws on Chinese writings to docu- cruiting numerous politically influential gagement’’ with Beijing will ensure that the ment ‘‘Beijing’s doctrinal shift from a low-tech- constituencies in this country that will have PRC is transformed, over time, into a benign nology, personnel-intensive people’s war to high- a financial vested interest in ensuring that international power. Americans’ ironic em- technology regional warfare based on information brace of this variation on the Marxist con- deterrence and possible first-strikes.’’ China is not subject to future U.S. economic 2 cept of economic determinism not only dis- China evidently concluded after Operation Desert sanctions, containment strategies or other Storm that the traditional strategy of defending its forms of isolation and/or penalties. regards the practical effects of such ‘‘engage- homeland by retreating into the hinterlands and A sense of the implications of such finan- ment’’ to date; it also overlooks the dangers waging ‘‘people’s war’’ could not assure victory cial operations can be gleaned from the case that are likely to arise in the interim. against a modern military force like that of the of one of the conglomerate’s run by Wang Accordingly, while the United States United States. Consequently, the PRC had to adopt Jun, the arms dealing Chinese ‘‘princling’’ would prefer to avoid confronting China, it a forward defense—geared toward denying the U.S. who was invited to attend a Democratic has no responsible choice under present and the in-theater bases, logistical facilities and staging fund-raising coffee klatch at the Clinton foreseeable circumstances but to stop engag- points that were decisive to the Gulf War’s outcome. 3According to the New York Times of 28 May 1997, White House last year. The Chinese Inter- ing in activities that are having the effect of the United States has sold 46 supercomputers to national Trade and Investment Corporation making it yet more difficult and more dan- China over the last 18 months, ‘‘giving the Chinese (CITIC) has, thus far, floated $800 million in gerous to challenge the PRC. The William J. possibly more supercomputing capacity than the en- dollar-denominated bonds—financial instru- Casey Institute of the Center for Security tire Department of Defense.’’ Matters are made ments that are now in the portfolios of U.S. Policy believes that the place to start is by worse by former Secretary of Defense William Per- pension funds, securities firms, insurance non-renewal of MFN for China. ry’s decision to redefine what a ‘‘supercomputer’’ is: companies and other prominent players in This action should be complemented, how- Where in 1992, the standard was arbitrarily increased ever, by a number of other, critically impor- from 195 MTOPS (million theoretical operations per the American investor community. second) to 10,000 MTOPS. As a result, many ex- While the full dimensions of China’s efforts tant initiatives. These include: tremely powerful machines that fall below the new to utilize the political access afforded by its Denying PLA-front companies and other definition of supercomputer have also been made financial and other business operations in inappropriate Chinese borrowing entities the available for export to China. the United States are, at this writing, far opportunity to sell bonds in the U.S. market. 4For a frightening illustration of the implications from clear—and currently the subject of in- This step can be taken in a non-disruptive of such a development, see Dragonstrike: The Mil- tensive congressional and Justice Depart- fashion (e.g., by creating a security-minded lennial War by the respected British journalists, ment investigations, one thing is certain: screening mechanism for these prospective Humphrey Hawkins and Simon Holberston. 5Two articles documenting China’s acquisition of Beijing has had a keen interest in shaping bond issuers) without fear of jeopardizing militarily relevant technology from the United U.S. policy in various ways, notably by: U.S. exports, jobs or ‘‘people-to-people’’ con- States and other Western nations are: a front-page gaining access to supercomputer and other tacts unaffected by such transactions. Wall Street Journal article by Robert S. militarily relevant technology; preventing Blocking Chinese access to strategic facili- Greenberger which appeared on 21 October 1996 and the exploitation of American deposits of ties (in the U.S. and elsewhere, notably at was entitled ‘‘Let’s Make a Deal—Chinese Find Bar- ‘‘clean’’ coal; facilitating the sale of securi- the eastern and western ends of the Panama gains in Defense Equipment as Firms Unload As- ties in the American market—to say nothing Canal). sets’’; and ‘‘Unilateral Armament—Until China’s Po- sition in the World is Better Defined, Western Coun- of discouraging close U.S. ties with Taiwan, Prohibiting the sale of American military tries Should Stop Selling Arms to Beijing,’’ by Rich- etc. It adds insult to injury that Chinese ef- production facilities and equipment to ard Fisher, Jr. which appeared in the 2 June 1997 edi- forts to suborn or otherwise influence this China. tion of National Review. country’s elected leaders must have been un- Terminating the ‘‘anything goes’’ policy 6Insight Magazine’s Tim Maier cites Wall Street derwritten, at least in part, by the proceeds with respect to the export of dual-use tech- Journal reporter John Fialka as estimating that of undisciplined bond sales to American com- nology to Chinese end-users. In the interest ‘‘about 450 Chinese companies are under federal in- panies and citizens. of obtaining maximum pressure for change vestigation for economic espionage in the United States,’’ See ‘‘PLA Espionage Means Business,’’ 24 Proliferation: Beijing has, for years, been in China, U.S. allies should be offered the March 1997, pp. 8–14. aggressively and irresponsibly facilitating same choice they are currently given under 7According to Randolph Quon, an investment the spread of weapons of mass destruction the D’Amato legislation on Iran and Libya banker who formerly worked closely with the Chi- (WMD) and other deadly ordinance to rogue (i.e., foreign companies and nationals must nese leadership, 150 prominent overseas Chinese June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1173 families—including the Riadys of Indonesia—rep- would also like to extend best wishes to Mr. TRIBUTE TO HANS CHRISTIAN resent enormously important economic and strate- gic assets to the PRC’s leadership. Their huge net Oliver's descendents in this strong, stable, and ACKERMAN, RECIPIENT OF THE worth (measured by some observers to be in the tril- viable familyÐson, William H.L.; daughter, RHODES SCHOLARSHIP lions of dollars), their influence in their respective Gloria; granddaughters, Shelly and Krystal, countries and their ability to serve as indigenous and their husbands, Oran and Vincent; and surrogates, if not as ‘‘Fifth Columns,’’ for Beijing HON. HERBERT H. BATEMAN enormously complicates the task of responding to great-granddaughters, Kourtney and Madison; OF VIRGINIA China’s predations. and the next great-grandchild to be born in 8According to the London Sunday Times of 6 April December. May God continue to keep and IN THE HOUSE OF REPRESENTATIVES 1997, ‘‘Norinco [is] a huge state-run arms manufac- bless each of you. turing conglomerate, which answers to the State Tuesday, June 10, 1997 Council, China’s cabinet. Norinco has been impli- f cated in the supply to Iran of strategic materials Mr. BATEMAN. Mr. Speaker, I rise today to that could help the Islamic regime develop weapons OKLAHOMA CITY NATIONAL commend and congratulate Mr. Hans Christian of mass destruction. Its ultimate boss is Li Peng, MEMORIAL ACT OF 1997 Ackerman, a recipient of the prestigious China’s prime minister.’’ Rhodes scholarship. Hans, a graduate of f HON. FRANK D. LUCAS Menchville High School in Virginia's First Dis- TRIBUTE TO WILLIAM H. OLIVER, OF OKLAHOMA trict and a 1997 graduate of the College of AN OUTSTANDING, UPSTANDING IN THE HOUSE OF REPRESENTATIVES William and Mary, is one of only 32 students AND UNDERSTANDING MAN Tuesday, June 10, 1997 nationwide to earn the much coveted scholar- ship in honor of philanthropist Cecil Rhodes. Mr. LUCAS of Oklahoma. Mr. Speaker, HON. DONALD M. PAYNE today I introduce legislation to establish a na- As an interdisciplinary studies major and a member of Phi Beta Kappa, Hans specialized OF NEW JERSEY tional memorial in Oklahoma City by establish- in molecular and cellular biology in college. IN THE HOUSE OF REPRESENTATIVES ing the Oklahoma City National Memorial as a The Rhodes scholarship will enable him to Tuesday, June 10, 1997 unit of the National Park System and to des- ignate the Oklahoma City Memorial Trust. Few continue his research on infectious disease in Mr. PAYNE. Mr. Speaker, Thursday will events in the past quarter century have rocked Third World countries at Oxford University for mark a milestone in the life of one of my out- Americans perception of themselves and their the next 3 years. standing, upstanding, and understanding con- institutions, and brought together the people of Much of Hans' scientific curiosity and his stituents. This exceptional person is William H. our Nation with greater intensity than the April dedication to health in underdeveloped coun- Oliver. Mr. Oliver will celebrate his 85th birth- 19, 1995, bombing of the Alfred P. Murrah tries was fostered by living with his family in day on June 12. Federal Building in downtown Oklahoma City. Zaire for 7 years. As a child, Hans witnessed Mr. Oliver has lived in East Orange, NJ for The results of the explosion resulted in the the ravages of rubella and malaria throughout 46 years. He is a native of Chase City, VA deaths of 168 people. Families and survivors the African populations and was disquieted by where he grew up. A true believer in the struggled and continue to struggle with the the inability to prevent such rampant disease. strength of family, Mr. Oliver has dedicated his suffering around them and with their own Last summer, Hans returned to Africa for 7 life to raising and supporting a family that con- physical and emotional injuries which ulti- weeks as a volunteer with the Kenya AIDS tinues to grow in terms of number, scope, and mately shaped their life beyond April 19. Al- Non-Governmental Organizations Consortium. purpose. Mr. Oliver's family reaches beyond though, these losses and struggles are per- In Kenya, he spent his time as an AIDS edu- his blood line and includes his church family sonal, they resulted from a public attack and cator and helped administer polio vaccina- and the community-at-large. are shared with the community, the Nation, tions. Mr. Oliver is a very active man. He is thank- and the world. The response of Oklahoma's As a result of his upbringing and his experi- ful for his good health and uses his energy public servants and private citizens, and those ences, Hans intends to dedicate his life to pre- and resources to better himself and the world throughout the Nation, remain as a testament ventive care medicine as a primary care pro- around him. He is a deacon and the treasurer to the sense of unity, compassion, heroism, vider in underdeveloped countries. of his church, Messiah Baptist Church, East that characterized the rescue and recovery fol- Hans' academic success an spirit of vol- Orange. He has held these positions for more lowing the bombing. unteerism are matched only by his achieve- than 20 years. His church activities have also Due to the national and international impact ments in the field of music. While at the Col- included being a member of the trustee board, and reaction, the Federal character of the site lege of William and Mary, he actively partici- the male chorus, and past chairman of the of the bombing, and the significant percentage pated in the Gentlemen of the College a cap- Flower Guild. His religion and the love and of the victims and survivors who were Federal pella group, the William and Mary Choir and teachings of Jesus have helped to sustain and employees, the Oklahoma City Memorial will the Early Music Ensemble. refresh him. He is also a Master Mason. His be established, designed, managed, and Hans has demonstrated outstanding scho- lodge, Jeptha 56, is very fortunate to have him maintained to educate present and future gen- lastic achievement, a dedication to the preven- involved in their activities. erations, through a public-private partnership, tion of the spread of deadly disease, and a When we become older our relationships to work together efficiently and respectfully in commitment to improving health care in under- with our children sometimes change, the pro- developing a national memorial relating to all developed countries. His variety of interests vider/dependent roles are switched. That is aspects of the April 19, 1995, bombing in prove him to be a strong role model for any not the case in Mr. Oliver's life. His two chil- Oklahoma City. The character of Oklahomans young American. In view of this young man's dren, William H.L. and Gloria are both accom- continue to be on display in their asking the special achievements, a hope you will join me plished, caring, and committed individuals who Federal Government for financial assistance in congratulating Mr. Hans Christian Ackerman serve the law enforcement community. His on this project. Although the memorial will on being chosen as one of the America's son is captain of investigators with the Essex need approximately $24 million to be estab- Rhodes scholars. County Prosecutor's Office and his daughter is lished, Oklahomans are asking that legislation lieutenant with the East Orange Police Depart- establish the Oklahoma City National Memo- f ment. They use their careers to truly serve, rial as a unit of the National Park System and protect, and guide. What is wonderful about authorize only $5 million in Federal funding. CAPTAIN BODGIT GAVE THIS these two is their relationship with their dad. In addition to the proposed Federal money, OWNER THRILL OF A LIFETIME They proudly and constantly display their love the Oklahoma City Memorial Foundation is and respect. It is not uncommon for them to seeking $5 million from the Oklahoma State seem like the boy and girl of their youth when Legislature and $14 million in private dona- HON. CLIFF STEARNS it comes to their dad. tions. The memorial will encompass the OF FLORIDA Captain Oliver can be seen raptly listening Murrah building site, Fifth Street between Rob- IN THE HOUSE OF REPRESENTATIVES to advice from his experienced elder. Lt. Oliver inson and Harvey, and the sites of the Water Tuesday, June 10, 1997 can be overheard extolling the virtues of her Resources and the Journal Record buildings. dad and saying how fortunate she is to have Both National Park Service and non-park serv- Mr. STEARNS. Mr. Speaker, a former col- him around. ice personnel will staff the grounds. league, Congressman Tom Evans has cap- Mr. Speaker, I am sure my colleagues will I ask that my colleagues join me in support- tured the essence of horseracing in America. want to join me as I wish Mr. William H. Oliver ing such a worthy piece of legislation. It is the I'm pleased to make this part of the RECORD a happy birthday and happy Father's Day. I right thing to do. because of its significance. E1174 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 [From the Daily Racing Form, June 7, 1997] probably caused by his all-out desire to win out their lives to see the fruits of their work CAPTAIN BODGIT GAVE THIS OWNER THRILL OF in Baltimore. Although the news was bad, I disappear into Uncle Sam's pockets. A LIFETIME believe most all of us feel that we are indeed That is why today I am introducing the Fam- (By Thomas B. Evans Jr.) fortunate to have had such a marvelous ex- ily Farm and Small Business Estate Tax Relief perience. ‘‘My Old Kentucky Home,’’ so symbolic of Although I had dreamed of owning a horse Act of 1997. This bill will raise the current ex- all that the Kentucky Derby represents, was in Kentucky Derby, I never thought it would emption for family-owned farms and small a song I had always loved to sing on many happen. I will always be thankful of the businesses from $600,000 to $1.5 million. It trips to Louisville the first Saturday in May. thrill of owning even a small part of such a will also index the exemption to inflation, This year it was even more special, but I wonderful horse. something that should have been done a long could only finish the first few lines. I’m sure These great 3-year-olds produced sensa- it was in part because it’s so unlikely that I time ago. tional racing and thrilled millions on tele- The current estate tax is an unfair double would ever again have the chance to sing it vision. In the process, they have done a lot of as an owner, albeit only a small percentage tax on assets generated through income that thoroughbred racing, which adds so much to has already been taxed. It is a disincentive to one, of a wonderful horse like Captain so many communities in the United States. Bodgit. From a purely practical standpoint, thor- saving, hard work and entrepreneurship. Cur- The shared excitement and joy felt by the oughbred racing accounts for hundreds of rent policy undermines everything that is great many owners of Captain Bodgit was con- thousands of jobs and hundreds of millions in about America: family, ingenuity, hard work, tagious and added to his increasing popu- revenue, not to mention the great enjoyment and providing for the economic security of our larity and to the excitement of the moment. it brings to so many. As I glanced at the tote board indicating the children. It is sad about Captain Bodgit’s injury, but There are thousands of Americans across odds, the Captain was clearly the favorite of a friend and avid racegoer put it in perspec- the majority at Churchill Downs as well. I this country that play by the rules and work tive for me when he said, ‘‘Just think, Cap- hard only to be faced with the prospect that was aware of the crowd, and through tears, tain Bodgit will have a new girlfriend every also of the many people offering encourage- day.’’ I only hope that his offspring will be their very success will saddle their children ment and good luck. However, my thoughts bred here in America. That way we can look with a burden so great that it will force them were of the sacrifice, the discipline and hard forward to seeing young Captain Bodgit giv- to abandon the only livelihoods they have ever work that it took to get to the Kentucky ing us some of the same thrills and display- known. Derby. ing the same stamina and courage and the According to the Congressional Research I thought of the young trainer. Gary great Captain did for all too short a time. Service 70 percent of family owned busi- Capuano, I was standing behind, and Captain Bodgit’s grooms, and exercise rider. Sammy f nesses do not survive to the second genera- Davis, all of whom cared so much about Cap- tion and 87 percent do not survive to the third. tain Bodgit. I thought of the passion with FAMILY FARM AND SMALL BUSI- This is wrong and it must stop. The Family which the Captain approached his races and NESS ESTATE TAX RELIEF ACT Farm and Small Business Estate Tax Relief his workouts and the marvelous example OF 1997 Act is good for our economy, is good for fami- that sets for everyone. lies and is good for America. Years of going to the races and enjoying HON. BOB ETHERIDGE I would like to take this opportunity to thank many great times at Derbys past could never the National Federation of Independent Busi- prepare you for this incredible moment OF NORTH CAROLINA played out in two electrifying minutes in ar- IN THE HOUSE OF REPRESENTATIVES ness (NFIB) and the North Carolina Farm Bu- reau for their support of my legislation. NFIB guably the greatest classic in American Tuesday, June 10, 1997 sports. From my own perspective, the anxi- and the NC Farm Bureau understand the im- ety that accompanies political campaigning Mr. ETHERIDGE. Mr. Speaker, today I am portance of preserving family-owned busi- cannot compare with the anxiety you feel in introducing legislation designed to help pre- nesses. the days, hours and minutes leading up to serve and protect our Nation's most valuable With the right policies we can strengthen the Kentucky Derby. assets: Families and Family-Owned Busi- and preserve the family owned business in I thought of so much in those few minutes America. I urge my colleagues to join me in before the race, including the marvelous sup- nesses. port of racing fans, friends and family, and Family-owned farms and small businesses support of this important legislation initiative. some of my former colleagues in Congress— are the backbone of my State and our Nation. f They employ our people, generate economic all of whom I knew were rooting for Captain ARMY BIRTHDAY TRIBUTE Bodgit. I thought of my mother and father growth and strengthen our communities. How- and the many fun times we had at Delaware ever, Uncle Sam has socked it to family- Park. As the starting gate opened, the ex- owned businesses over the years with in- HON. JOHN M. McHUGH hilaration and rush of adrenalin I felt were creasing regulations and taxes. Families are OF NEW YORK almost beyond comparison. finding it harder and harder to continue operat- IN THE HOUSE OF REPRESENTATIVES The stirring stretch drives of the Captain Tuesday, June 10, 1997 and the courage he displayed along with Free ing the family business. House and Silver Charm will forever be One of the largest obstacles to staying in Mr. MCHUGH. Mr. Speaker, I would like my etched in my mind. Taking nothing away business for families is Federal estate taxes or colleagues here in the House of Representa- from any of the other horses, and especially death taxes. Before a family has even had the tives to join me in recognizing the birthday of Silver Charm and Free House, I will always opportunity to properly mourn the passing of a the United States Army. June 14, 1997 marks believe in my heart that our horse could loved one they must begin to face the task of the Army's 222 years of service to the United have won both races with any degree of rac- settling the estate. Often a family must endure ing luck. States of America. Being forced to change leads in the stretch two deaths; the death of a loved one followed For 222 years, our Army's purpose has robbed him of his momentum in the Derby, by the death of a business. With tax rates as been to fight and win our nation's wars. Ameri- and still, he lost by only a head. Drawing a high as 55 percent on assets in excess of ca's Army exists to give the nation decisive post position in the Preakness next to a very $600,000, death taxes can sap the lifeblood victory on the battlefield and wherever else the nervous and fractious horse did not help his out of a family-owned business and in many nation needs them. Decisive victory today start in that race. Starting from 13 lengths cases force the sale of the entire business to means more than simply destroying the army behind at Pimlico is difficult to make up, es- settle up with the IRS. Family farms and small of an opponent. It can take many forms: sav- pecially on a track that was not kind to clos- businesses are frequently cash poor but rich ers. ing lives by producing and delivering clean All day long, the track favored speed; in assets such as land and equipment. The water to Rwandan refugees, restoring democ- therefore Captain Bodgit’s sensational close current $600,000 exemption can often be racy in Haiti, or keeping the peace in Bosnia. at the end to lose by only a neck was all the eaten up in the increased value of land which Whatever the mission, the nation turns to the more remarkable. The courage he displayed often has no correlation to the income gener- Army for help during crises, and the Army de- in the last 70 yards of the Preakness was ating value of the business. livers success. truly unbelievable, and without detracting Small businesses and family farm make up The key to the Army's success has been its from the superb talents of Silver Charm, 98 percent of all businesses in North Carolina willingness to change, to meet the world as it Free House or Touch Gold, I believe the Bel- and employ over 50 percent of all workers in is, while remaining constant in its selfless mont at a mile and a half was Captain Bodgit’s race. North Carolina. The $600,000 exemption is service and its dedication to duty, honor and Sadly and unfortunately, we will never too low and places a burden on some family- country. These are not mere words; they are know. Out dreams were shattered when word owned businesses so severe they cannot sur- codes by which the Army lives. General Doug- came of Captain Bodgit’s injury, which was vive. People labor too long and hard through- las MacArthur, in 1961, summed it up best June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1175 when he said, ``Yours is the profession of The Army's Chief of Staff, General Dennis had rain. They had snow. They had freezing arms, the will to win, the sure knowledge that J. Reimer, has said ``Army 21 is critical, but it cold. They had mud up to their ankles and in war there is no substitute for victoryÐand is only an intermediate stop along our journey. they had a hundred-year high-water mark. But that if we fail, the nation will be destroyed.'' The focus of our intellectual efforts has shifted our soldiers wouldn't be beaten. They put in But the world has changed, and it continues to the `Army After Next.' The Army After Next the bridge. They put it in on schedule so our to change. For the Army, the 21st century is our effort to look as deep as possible into forces could successfully enter Bosnia. A tre- began in 1989. Think about it. From 1950 to the future, to look at what happens to the mendous accomplishment and a tremendous 1989, almost 40 years, the United States of world in the 2025 time frame, to evaluate the tribute. It was not only a tribute to technology America used its military 10 times. Since geopolitics, the technologies, the human re- but, more important, to our soldiers and their 1989, we have used our military 25 times, a sources and war-fighting capabilities that will indomitable spirit. 15-fold increase. Let's quickly review some of be available at that time. Army After Next is a The evacuation of Liberia, Operation As- the major recent actions in which the U.S. totally different force, but we know a lot about sured Response, involved 300 soldiersÐspe- Army played a critical role: in 1991, Operation it. We know we want to have greater lethality.'' cial forces, infantry and signal units. They Desert Storm in Southwest Asia and Provide ``Army After Next is the objective force,'' were called upon to assist with the evacuation Comfort in Turkey and Iraq; in 1992, relief ef- General Reimer said, ``but the road to Army of American citizens from Monrovia. Most of forts after Hurricane Andrew; in 1993, Restore After Next goes through Army 21. We must in- those soldiers had just returned from Bosnia. Hope in Somalia; in 1994, fighting fires in the sure that we develop the total force designÐ They hadn't even turned in their cold-weather Western United States, Uphold Democracy in that we have the training package right, that gear when we deployed them into the heat of Haiti, and Support Hope in Rwanda; and in we have the force structure right, that we vali- Liberia to evacuate American citizens. They 1995 and 1996, Joint, Joint Endeavor and date the doctrine, and that we insure the tech- had no time to prepare, but they performed Joint Guard in Bosnia. Yes, during the past 7 nology is there so we can leverage the tre- magnificently. They secured all the American years, the Army has done 70 to 80 percent of mendous potential of this great informational citizens and brought them back safe. They did the heavy lifting, and they have done it for dominance.'' it without casualtiesÐa flawless mission. less than 24 percent of the budget given to General Reimer caution us against the no- The Military Observer Mission Ecuador and the Department of Defense. The U.S. Army is tion that new technology will automatically re- Peru takes place on the border between Ecua- indeed a cost-effective force. sult in large-scale reductions to the size of the dor and PeruÐa contested border area. The cold war may have been more dan- Army. Already since 1989, the active force in Fewer than 60 of our soldiers stand guard gerous, but today's geopolitical environment is all the services has been cut by 700,000 peo- down there. They're holding together that criti- cal point of the world and they're doing a mag- more complex. We must deal with the crum- pleÐabout a third. The Army has taken its nificent jobÐjust a handful of American sol- bling of an empireÐthe breaking up nation- share of the cuts, but there is a limit to the diers. states around the world. We must deal with downsizing we can sustain without losing mis- the possibility of proliferation of weapons of Probably the world's most visible event took sion readiness. It takes soldiers with the capa- place in Atlanta at the Summer Olympics of mass destructionÐa sure knowledge that any bility for long term commitment to separate nation with resources can buy instant terror. 1996. Again, American soldiersÐprimarily warring parties . . . to reassure fearful civil- Army National Guard soldiers assisted by U.S. We must deal with uncertainty throughout the ians . . . to restore public order . . . to keep worldÐwhat's next, where are we headed? Army Reserve and active-component sol- criminals from taking advantage of the vacuum We must deal with the explosive release of re- diersÐprovided security to the events. They in civil order . . . to deliver humanitarian as- ligious and racial tensions that have lain dor- insured that the athletes got to the right place. sistance . . . to prevent and win the nation's mant in the global village for more than 50 They insured that officials got to the right wars. Such capabilities require boots on the years. We must deal with difficult, emotional place. They earned the accolades of a grateful ground. We must never forget that soldiers are issues that have been covered up since World world. the essence of the ArmyÐalways have been War II. Task Force Vanguard consisted of active- Television and the other electronic news and always will be. and reserve-component soldiers sent to fight The Army is changing to meet the chal- media have taken us back to the future. How forest fires in the Northwest United States. It's our soldiers deal with those tensions is played lenges of today, tomorrow and the 21st cen- a tough mission, but they are good at it, and our for us at breakfast tables and in our living tury. They must change if they are to remain their civilian counterparts admired them for rooms almost instantaneouslyÐ24 hours a relevant to the needs of the Nation. They must their organization ability, their discipline, and day, up close and personal. work smarter, and must be willing to take the physical ability and endurance they It is the responsibility of our generation to risks. Not to take risks is the greatest risk of brought to the task. sustain and pass on an Army that is as good all, because they will miss the window of op- Last year, we carried out Operation Desert as, or better than, the one we inherited. To- portunity to tap the tremendous potential that Strike. Smart weapons from airplanes and day's Army has evolved into a full-spectrum is there. Despite the ambiguity of future war- ships could not deter Saddam Hussein, soÐ force. It has shed the label describing it as a fare and the many forms it may assume, the in the short span of 96 hoursÐthe U.S. Army strictly threat-based force. We have evolved battlefield will always be a lonely, frightening deployed over 3,500 soldiersÐa brigade from beyond that. We can reassure our friends and and dangerous place. Only soldiers of char- the 1st Cavalry Division, two Patriot missile allies, and we can provide support to civilian acter and courage, trained to a razor's edgeÐ batteries, and other soldiersÐto Kuwait. Sad- authorities in times of domestic crisis. If nec- ably led, superbly equipped and in sufficient dam Hussein got the message, and the world essary, we can compel and deter potential ad- numbersÐwill survive there and win tomorrow found out what it meant when we talk about versaries. as they have in the past. ``power projection''. Yes, we clearly showed We've moved out on this exciting journey, Yes, the Army is changing to meet the chal- last year that we are a full-spectrum forceÐa and we have come a long way. We are bend- lenges of today, tomorrow and the 21st cen- force of decisionÐa force based on capabili- ing metal and we are moving electrons across tury. This past year, the soldiers bore out that ties. We're building and maintain the right the battlefield. The term includes Army civil- fact very well: force for the times, and we'll keep it honed to ians, soldiers and members of industry work- They concluded operations in Haiti, giving a razor's edge. We can't help feeling at least ing together to secure the future. that country an opportunity for democracy. a tinge of regret that the colors of so many We are learning the tremendous potential of After years of devastation in Bosnia, we fi- proud Army units had to be furled and cased. situational awareness and information domi- nally deployed our soldiers there. To a war- Fortunately, size by itself is not the most im- nance. It is very reassuring to know where all torn country, those soldiers brought hope and portant thing, and America can still take pride our friendly forces are 100 percent of the time, more than a year without war. They also in having the world's best army. What they and to know where our enemy is as well. With showed the world that the United States lack in quantity, the more than make up in that kind of intelligence, the Army can do means business when it places its soldiers on quality. Know this, they accept the sacrifices things they've never done before on the battle- the ground. that make them better able to fulfill the motto field. This will clearly allow the Army to main- Time and time again, the spirit of our sol- on the Army seal: ``This We'll Defend.''. tain the edge. It clearly will allow this force to diers came through in so many ways. One The building of a force better able to defend be the world's best Army. shining example is the bridge we built across American freedom is an Army birthday present We are in the execution mode of Army 21Ð the Sava River. Not only was it the longest all of us deserve and should be delighted to the Army of the early 21st centuryÐand pontoon bridge since World War IIÐ620 me- receive. This we'll defendÐthis land, this Na- changing in a fundamentally different way then ters longÐbut they also put it in under the tion, this flag that must never be furled and ever before. We have information dominance. most difficult conditions. They had sleet. They cased. E1176 CONGRESSIONAL RECORD — Extensions of Remarks June 10, 1997 In closing, let us all reflect for a moment EMPLOYMENT NON- The initial executive committee included Mr. that June 14, 1997, is Flag Day as well as the DISCRIMINATION ACT Charles E. Fenner, as chairman of the board Army's birthday. Like our Army, the American of trustees; Mr. John Reilly, as treasurer; Mr. flag grew out of revolution. And like our Army, HON. RICHARD A. GEPHARDT John Sims, as secretary; Drs. George M. Haik the design of our flagÐOld GloryÐhas OF MISSOURI and William B. Clark, as chairmen of the Medi- evolved over the years since 1777. The liberty IN THE HOUSE OF REPRESENTATIVES cal Advisory Committee, and Mrs. Orville is stands for, however, remains constant. So Tuesday, June 10, 1997 Ewing, as the volunteer executive director. does the Army's vigil to protect that liberty, be- In the ensuing middle years Mr. Robert cause, in the words of General Eisenhower, Mr. GEPHARDT. Mr. Speaker, today, I am Simpson served as chairman of the board of ``A soldier's pack is not so heavy a burden as proud to be among 150 of my colleagues in trustees. He and Dr. Clark are credited with a prisoner's chains.'' the House of Representatives who have joined being the driving force that guided the South- Since 1775, more than 42 million Ameri- to introduce the Employment Non-Discrimina- ern Eye Bank during its formative period. cans, in times of crisis as well as times of tion Act [ENDA] of 1997. This legislation will This first office was located in the Hutchin- peace, have raised their right hands to take an extend to gay and lesbian Americans the son Memorial Building of the Tulane Medical oath, making America's Army what it is: the same employment protections guaranteed to School at 1430 Tulane Avenue. Eventually, in premier fighting force in the world and a val- all other Americans without creating special 1948 it moved to the Eye, Ear, Nose and ues-based institution closely bound to the Na- rights or quotas. Throat Hospital. The Southern Eye Bank func- tion and the Nation's people. They have taken It is intolerable that in 39 States hard work- tioned with the cooperation of LSU School of that oath not to a king, and not to a flag alone, ing women and men can be fired or turned Medicine; the Tulane Medical Center, and var- but to the ideals our flag represents. down for a job just because of their sexual ori- ious local hospitalsÐCharity, Hotel, Dieu, Flint Yesterday the Army was ready, from Lex- entation. No woman should have to worry Goodrich, Baptist and Lakeshore. ington and Concord to Gettysburg, and from about receiving a pink slip because she is The original purposes of Southern Eye Bank Normandy to Bosnia. Today they are ready to gay. No man should be denied a position or were twofold: to secure corneas for transplant, fight and win the Nation's wars, and to keep a promotion simply because he is gay. and to establish a laboratory in which young the peace or provide humanitarian relief America is blessed with a diverse people eye surgeons could be trained to perform cor- around the globe. Tomorrow, too, they will be and America works best when everyone is al- neal grafts. Within the first four months of its ready. Wherever the time, wherever the mis- lowed to contribute to his or her fullest poten- opening, the Southern Eye Bank had a list of sion, whatever the challenge, American can tial. As a nation, we take pride in our sense 3,000 donors. The public was instructed on count on its Army. of fairness, and in fairness to all Americans it how to become a donor as follows: Sign the f is time to put an end to all forms of employ- donor card and return it to the Eye Bank Of- ment discrimination. The time has come for fice; the signature must be witnessed, but A TRIBUTE TO HELEN WHISTLER the Congress of the United States to provide need not be notarized; the family of the donor assurance to every American that his or her must be notified of these intentions; the gift HON. BRAD SHERMAN opportunity to get a job and to keep a job will should not be part of a will, since the eye OF CALIFORNIA be based on their abilities, not on their sexual must be used immediately before a will can be IN THE HOUSE OF REPRESENTATIVES orientation. Almost 70 percent of American probated. Tuesday, June 10, 1997 voters believe that is the right thing to do and The first corneal transplant, performed Congress should act accordingly. under its auspices, was at the Eye, Ear, Nose Mr. SHERMAN Mr. Speaker, I rise today to Last year, ENDA supporters were heartened honor excellence in service to the Girl Scouts and Throat Hospital. The patient was a 69- by the near passage of the bill in the Senate. year-old female who had been blind for 7 of America and recognize Helen Whistler as That the Senate vote on ENDA was 49±50, the San Fernando Valley Girl Scout Council years. The procedure was deemed a success, coupled with the fact that today there are 150 that is permanent vision was restored. Woman of the Year. original ENDA cosponsors in the HouseÐ Girl Scouting is very important throughout Today, the Southern Eye Bank provides ap- compared to 139 cosponsors in the last Con- our community and our Nation. The Girl proximately 800 corneas for transplantation a gressÐis proof that progress is indeed being Scout's basic promise ``To serve God and my year. made. country, To help people at all times'' is no sim- Today, over 95 percent of corneal trans- Increasing support for and ultimately enact- plants are successful. This success rate re- ple task. But each day women like Helen ing ENDA will build upon our Nation's legacy Whistler go out into the community and spread flects significant advances in the way donor of ensuring fairness in the workplace. We corneas are processed. the Girl Scout promise. have outlawed employment discrimination The San Fernando Valley Girl Scout Council In 1947 the eye had to be removed within based on race, gender, age, religion, or dis- Woman of the Year Award is given to honor 3 hours of time of death; the transplant had to ability. Let us now take the next important outstanding efforts in providing Girl Scouting be performed within 24 hours of recovery; only step. I urge my colleagues to lend their sup- throughout the San Fernando Valley. Their 50 percent of surgeries were deemed suc- port to this legislation so we can make it law mission ``to serve girls in a diverse environ- cessful. in the 105th Congress. ment by inspiring them to reach their full po- In 1997 the eye can be removed within 8 f tential'' can only be realized if someone hours of the time of death; the transplant can makes an effort to attract and organize these CONGRATULATIONS TO THE be performed up to 14 days after recovery; young women. SOUTHERN EYE BANK about 95 percent of surgeries are successful. Fortunately, there are women like Helen One of the reasons for the increased rate of Whistler who excel in promoting the Girl Scout HON. JOHN COOKSEY success was the ability to store corneal tissue mission. Helen has worked tirelessly to bring in a liquid media so that it could be later used OF LOUISIANA under optimal conditions. In the early days of Girl Scouting to every girl of our community. IN THE HOUSE OF REPRESENTATIVES She has gathered and analyzed enormous corneal transplantation (i.e., in 1947), the pa- amounts of data that have enabled the council Tuesday, June 10, 1997 tient had to wait (sometimes for a long time), to develop plans which would better serve our Mr. COOKSEY. Mr. Speaker, I rise today in for a telephone call to come to the hospital women of tomorrow. Helen's research is piv- recognition of the 50th anniversary of the when tissue had become available. Then the otal to the success of the San Fernando Val- Southern Eye Bank of New Orleans, LA, and transplantation was done as an emergency at ley Girl Scout Council. to congratulate this eye-bank on its continued a time when conditions in the operating room In addition to providing an extraordinary commitment to excellence. might not be optimal. A major breakthrough amount of time to this research, Helen serves The Southern Eye Bank was incorporated was the development of the M±K media by as the 3d vice president and secretary of the on June 7, 1947 and opened its doors on July Drs. Bernard E. McCarey, Ph.D. and Herbert Board of Directors and on the Executive Com- 30, 1947. It was founded under the auspices E. Kaufman, MD in 1974. Thereafter, corneal mittee. Her dedication to the Girl Scout com- of the Eye Bank For Sight Restoration in New tissue could be stored for up to 3 days and munity is greatly appreciated. York City, which was the first eye bank in the still be viable. This meant that surgery could I join Helen's family, friends, the San Fer- United States being founded in 1944 by Dr. be done under ideal conditions. Beyond that, nando Girl Scout Council and the women in Townley Paton. Subsequently other eye banks it was now possible for individual eye banks to our community in honoring Helen Whistler as were located in Boston and Chicago. The be clearinghouses for distributing tissue to Woman of the Year. Southern Eye Bank was the first in the South. other eye banks throughout the country. This June 10, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1177 was a major breakthrough. Newer storage Fortunately, through the medical miracle of mic surgery, and for research to find cures to media have been developed, but the introduc- corneal transplantation, sight restoration is diseases which cause blindness or visual de- tion of the M±K media made it possible for the possible. Since there is no substitute for terioration. The Southern Eye Bank first meets concept of eye banking to attain the next level. human tissue, the transplant process depends the needs of those in the local community on the priceless gift of corneal donation from waiting for a corneal donor, and then provides THE NEED FOR EYE BANKS one human to the next. The mission of South- ern Eye Bank is to safely transfer corneas other eye banks across the country with donor Over forty thousand Americans, and hun- corneas for transplantation. dreds of thousands of others around the world from the donor to the recipient. Transplants bring light into the eyes of an Today, the Southern Eye Bank provides suffer from corneal blindness each year. This infant only a few days old, and the great- visual loss which compromises their quality of safe, quality corneas for transplantation, re- grandfather in his eighties, and all those in be- search, and education. This New Orleans life may result from cogenital corneal disease, tween. medical landmark has been saving vision for infection, trauma, chemical burns, or corneal Donor ocular tissue is used for corneal swelling. transplant surgery and reconstructive ophthal- the last 50 years, and will continue to do so. Tuesday, June 10, 1997 Daily Digest Senate ommendations which it will make thereon to the Chamber Action Committee on the Budget. Routine Proceedings, pages S5431–S5483 APPROPRIATIONS—LEGISLATIVE BRANCH Measures Introduced: Twelve bills were introduced as follows: S 863–874. Page S5444 Committee on Appropriations: Subcommittee on the Legislative Branch concluded hearings on proposed Nominations Received: Senate received the follow- budget estimates for fiscal year 1998, after receiving ing nominations: testimony in behalf of funds for their respective ac- Patrick A. Shea, of Utah, to be Director of the tivities from Glen Nager, Chairman of the Board, Bureau of Land Management. and Ricky Silberman, Executive Director, both of 1 Marine Corps nomination in the rank of general. the Senate Office of Compliance; Gregory S. Casey, Routine lists in the Army and Marine Corps. Senate Sergeant at Arms; Gary Sisco, Secretary of the Pages S5481±83 Senate; and Alan M. Hantman, Architect of the Cap- Motion to Adjourn: By 55 yeas to 37 nays (Vote itol. No. 98), Senate agreed to a motion to adjourn. AUTHORIZATION—DEFENSE Pages S5480±81 Committee on Armed Services: Subcommittee on Measures Placed on Calendar: Page S5444 AirLand Forces met in closed session and approved Communications: Page S5444 for full committee consideration those provisions Statements on Introduced Bills: Pages S5444±64 which fall within the jurisdiction of the subcommit- tee of S. 450, proposed National Defense Authoriza- Additional Cosponsors: Pages S5464±65 tion Act for Fiscal Years 1998 and 1999. Additional Statements: Pages S5465±68 WATER AND POWER PROJECTS Record Votes: One record vote was taken today. (Total—98) Page S5481 Committee on Energy and Natural Resources: Sub- committee on Water and Power concluded hearings Quorum Calls: One quorum call was taken today. on the following measures: (Total—3) Page S5480 S. 439, to provide for Alaska State jurisdiction Adjournment: Senate convened at 11 a.m., and ad- over small hydroelectric projects, to address vol- journed at 4:40 p.m., until 12 noon, on Wednesday, untary licensing of hydroelectric projects on fresh June 11, 1997. waters in the State of Hawaii, and to provide an ex- emption for portion of a hydroelectric project located in the State of New Mexico, H.R. 651 and H.R. Committee Meetings 652, bills to extend the deadline under the Federal Power Act for the construction of a hydroelectric (Committees not listed did not meet) project located in the State of Washington, and S. 846, to remove the jurisdiction of the Federal En- BUDGET RECONCILIATION ergy Regulatory Commission to license projects on Committee on Agriculture, Nutrition, and Forestry: Com- fresh waters in the State of Hawaii, after receiving mittee completed its review of certain spending re- testimony from Susan Tomasky, General Counsel, ductions and revenue increases to meet reconciliation Federal Energy Regulatory Commission, Department expenditures as imposed by H. Con. Res. 84, estab- of Energy; Percy Frisby, Alaska Division of Energy, lishing the congressional budget for the United Juneau; Robert S. Grimm, Alaska Power and Tele- States Government for fiscal year 1998 and setting phone Company, Port Townsend, Washington; Jack forth appropriate budgetary levels for fiscal years Hession, Sierra Club, and Charles Y. Walls, Alaska 1999, 2000, 2001, and 2002, and agreed on rec- Village Electric Cooperative, both of Anchorage, D589 D590 CONGRESSIONAL RECORD — DAILY DIGEST June 10, 1997 Alaska; and Mona Janopaul, Trout Unlimited, Ar- and Robert E. Harmon, Harmon Industries, Blue lington, Virginia, on behalf of the Hydropower Re- Springs, Missouri. form Coalition; CHINA MFN TRADE STATUS S. 736, to convey certain real property within the Carlsbad Project in New Mexico to the Carlsbad Ir- Committee on Finance: Committee held hearings on is- rigation District, and S. 744, to authorize the con- sues with regard to the Administration’s renewal of struction of the Fall River Water Users District the Most-Favored-Nation (MFN) trade status with Rural Water System and authorize financial assist- China and U.S. trade policies with China, receiving ance to the Fall River Water Users District, a non- testimony from Madeleine K. Albright, Secretary of profit corporation, in the planning and construction State; Charlene Barshefsky, United States Trade Rep- of the water supply system, after receiving testimony resentative; T. Kumar, Amnesty International USA, from Eluid Martinez, Commissioner, Bureau of Rec- and Barbara Shailor, AFL–CIO, both of Washington, lamation, Department of the Interior; and Bruce C. D.C.; Nick Liang, China Society, San Francisco, Driver, Boulder, Colorado. Testimony was also re- California; Lawrence Pemble, U.S.-China Industrial ceived on S. 736 (listed above) from Tom Davis, Exchange, Inc. (CHINDEX), Bethesda, Maryland; Carlsbad Irrigation District, Carlsbad, New Mexico, and Edvard P. Torjesen, Evergreen Family Friend- and S. 744 (listed above) from Leonard Benson, Fall ship Service, Colorado Springs, Colorado. River Water Users District, Fall River, South Da- Hearings were recessed subject to call. kota; and NATIONAL LABOR RELATIONS S. 538, to authorize the Secretary of the Interior Committee on Labor and Human Resources: Committee to convey certain facilities of the Minidoka project concluded hearings to examine the impact of orga- in Idaho to the Burley Irrigation District, after re- nized labor’s technique of salting whereby union or- ceiving testimony from Mr. Martinez (listed above); ganizers apply for jobs while at the same time advis- and Roger D. Ling, Ling, Nielsen and Robinson, ing their prospective employers that they are union Rupert, Idaho. organizers and intend to organize the employer’s em- ployees, and S. 328, to amend the National Labor ENFORCEMENT OF ENVIRONMENTAL Relations Act to provide that nothing in specified LAWS prohibitions against unfair labor practices shall be Committee on Environment and Public Works: Commit- construed as requiring an employer to employ any tee concluded oversight hearings on the relationship person who seeks or has sought employment with between the Federal and State governments in the the employer in furtherance of the objectives of an enforcement of environmental laws, after receiving organization other than the employer, after receiving testimony from Lois J. Schiffer, Assistant Attorney testimony from George E. Smith, Little Rock Elec- General, Environment and Natural Resources Divi- trical Contractors, Inc., Little Rock, Arkansas; Don sion, Department of Justice; Steven H. Herman, As- O. Mailman, Bay Electric Company, Inc., Cape Eliz- sistant Administrator, Office of Enforcement and abeth, Maine; Roselyn F. Nyeholt, Nyeholt Steel Compliance Assistance, and Nikki L. Tinsley, Acting Company, Holt, Michigan; Terrance G. Korthof, Inspector General, both of the Environmental Protec- Wright Electric, Inc., Plymouth, Minnesota; Charles tion Agency; Connecticut Assistant Attorney General Fletcher, Corey Delta Constructors, Benicia, Califor- Joseph Rubin, Hartford; Mark Coleman, Oklahoma nia, on behalf of the Associated General Contractors Department of Environmental Quality, Oklahoma of America; Robert A. Georgine, Building and Con- City, on behalf of the Environmental Council of struction Trades Department (AFL–CIO), and States; Becky Norton Dunlop, Virginia Department Clifford R. Oviatt, Jr., McGuire, Woods, Battle, and of Natural Resources, Richmond; Patricia S. Bangert, Boothe, both of Washington, D.C.; Michael T. Office of the Attorney General for the State of Colo- Manley, Blake and Uhlig, Kansas City, Kansas, on rado, Denver; Christophe A.G. Tulou, Delaware De- behalf of the International Brotherhood of Boiler- partment of Natural Resources and Environmental makers, Iron Ship Builders, Blacksmiths, Forgers and Control, Dover; Todd E. Robins, U.S. Public Inter- Helpers (AFL–CIO); and Thomas J. Cook, Omega est Research Group, Washington, D.C.; Robert R. Electric Construction Company, Inc., Williston, Ver- Kuehn, Tulane Law School, New Orleans, Louisiana; mont. June 10, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D591 House of Representatives Foreign Relations Authorization Act: The House Chamber Action resumed consideration of amendments to H.R. 1757, Bills Introduced: 25 public bills, H.R. 1835–1859; to consolidate international affairs agencies and to 1 private bill, H.R. 1860; and 3 resolutions, H.J. authorize appropriations for the Department of State Res. 80–81 and H. Con. Res. 95, were introduced. and related agencies for fiscal years 1998 and 1999. Pages H3658±60 The House considered amendments to the bill on Reports Filed: Reports were filed as follows: Wednesday, June 4 and Thursday, June 5. Filed on June 9, H.R. 1277, to authorize appro- Pages H3591±H3632 priations for fiscal year 1998 and fiscal year 1999 for Agreed To: the civilian research, development, demonstration, The Gilman amendment that removes the prohi- and commercial application activities of the Depart- bition against foreign assistance for narcotics related ment of Energy, amended (H. Rept. 105–67 Part purposes to countries that have been decertified for II); funding; Pages H3591±93 H.R. 378, a private bill (H. Rept. 105–125); The Ney amendment that prohibits assistance to any government that assists the Government of H. Res. 163, providing for consideration of H.J. Libya in violating sanctions imposed by the United Res. 54, proposing an amendment to the Constitu- Nations and provides an exception for national secu- tion of the United States authorizing the Congress rity interests of the United States (agreed to by a re- to prohibit the physical desecration of the flag of the corded vote of 426 ayes with none voting ‘‘no’’, Roll United States (H. Rept. 105–126); and No. 174); Pages H3593±94, H3613±14 H. Res. 164, providing for consideration of H.R. The Capps amendment that provides 30 scholar- 437, to reauthorize the National Sea Grant College ships to Tibetan students who are outside of Tibet Program Act (H. Rept. 105–127). Page H3658 and 15 scholarships to Burmese students who are Speaker Pro Tempore: Read a letter from the outside of Burma; Page H3594 Speaker wherein he designated Representative Young The Diaz-Balart amendment to the Miller of Cali- of Florida to act as Speaker pro tempore for today. fornia amendment that additionally specifies that at Page H3579 such time as the government of Cuba has freed all Recess: The House recessed at 10:58 p.m. and re- political prisoners, legalized all political activity, and convened at 12:00 p.m. Page H3583 agreed to hold free and fair elections then it is the sense of Congress that the United States should Suspensions: The House voted to suspend the rules allow the import of Cuban cigars; Pages H3595±98 and pass the following measures: The Miller of California amendment, as amended AuSable Hydroelectric Project: H.R. 848, to ex- by the Diaz-Balart amendment, that expresses the tend the deadline under the Federal Power Act ap- sense of Congress that the United States should plicable to the construction of the AuSable Hydro- allow the import of Cuban cigars at such time as the electric Project in New York; Pages H3585±86 government of Cuba has freed all political prisoners, Bear Creek Hydroelectric Project: H.R. 1184, legalized all political activity, and agreed to hold amended, to extend the deadline under the Federal free and fair elections (agreed to by a recorded vote Power Act for the construction of the Bear Creek hy- of 375 ayes to 49 noes Roll No. 175); droelectric project in the State of Washington; Pages H3594±95, H3614±15 Pages H3586±87 The Scarborough amendment debated on June 4, as modified, that applies to Sudan the provisions of Washington State Hydroelectric Project: H.R. the Anti-terrorism and Effective Death Penalty Act 1217, to extend the deadline under the Federal that restricts financial transactions until the Presi- Power Act for the construction of a hydroelectric dent certifies that Sudan is no longer sponsoring or project located in the State of Washington; and supporting terrorism and provides that this restric- Pages H3587±88 tion shall not apply to humanitarian assistance Reunification of the City of Jerusalem: H. Con. (agreed to by a recorded vote of 415 ayes to 9 noes, Res. 60, relating to the 30th anniversary of the re- Roll No. 171); Pages H3598, H3599±H3600 unification of the city of Jerusalem (agreed to by a The Engel amendment, debated on June 4, that yea-and-nay vote of 406 yeas to 17 nays with 1 vot- expresses the sense of Congress that the United ing ‘‘present’’, Roll No. 176). States should consider applying to Syria sanctions Pages H3588±91, H3632±33 which are currently enforced against Iran and Libya D592 CONGRESSIONAL RECORD — DAILY DIGEST June 10, 1997 (agreed to by a recorded vote of 410 ayes to 15 noes, ticipates in the U.N. and provides exemptions for Roll No. 172); Pages H3600±01 national security interests of the United States; The Nethercutt amendment, debated on June 5, Pages H3618±26 that expresses the sense of Congress that Al-Faran, a The Hall of Ohio amendment that provides find- militant organization that seeks to merge Kashmir ings concerning the conflict in east Timor and af- with Pakistan should release immediately Donald firms the support of Congress for a just and peaceful Hutchings of the State of Washington and 3 West- solution to it; Pages H3627±28 ern Europeans from captivity and cease and desist The Sanders amendment that expresses the sense from all acts of hostage-taking and other violent acts of Congress regarding the imprisonment of Ngawang within the state of Jammu and Kashmir (agreed to Choephel in China and that Ngawang Choephel and by a recorded vote of 425 ayes with 1 voting other prisoners of conscience in Tibet, as well as in ‘‘present’’ and none voting ‘‘no’’, Roll No. 173); China, should be released immediately and uncondi- Pages H3628±30 Pages H3601±02 tionally; and The Paxon amendment that condemns the Pal- The Fox of Pennsylvania amendment that ex- estinian Authority policy and practice of imposing presses the sense of Congress regarding the designa- the death penalty on anyone who sells land to a Jew; tion of Romania as eligible for assistance under the NATO Participation Act of 1994. Pages H3630±32 Pages H3602±07 Rejected: The Payne amendment that lifts the prohibition The Stearns amendment, debated on June 4, that of assistance to the Democratic Republic of Congo sought to express the sense of Congress that the formerly Zaire; Pages H3607±08 President and Permanent Representative of the Unit- The Bereuter amendment to the Kennedy of ed States to the United Nations should encourage Rhode Island amendment that adds findings and ex- the United Nations to commission a study concern- presses the sense of Congress relating to attacks car- ing a revolving headquarters for the U.N. and estab- ried out by the East Timorese resistance forces and lish the United Nations as a part-time body (rejected condemns these acts as they discredit the East by a recorded vote of 108 ayes to 315 noes, Roll No. Timorese cause and could result in violent reprisals; 170); Pages H3598±99 Pages H3609±13 Vote Postponed: The Kennedy of Rhode Island amendment as The Rohrabacher amendment that seeks to restrict amended by the Bereuter amendment that expresses funding to the Russian Federation if the federation the sense of Congress that the United States should transfers an SS–N–22 missile system to the People’s not provide military assistance to Indonesia unless it Republic of China was debated and the recorded accredits independent election-monitoring organiza- vote was postponed. Pages H3626±27 tions; insures that police or military do not con- On Wednesday, June 4, the House agreed to H. fiscate materials from domestic or international non- Res. 159, the rule that is providing for consideration governmental organizations; investigates the attack of H.R. 1757. Page H3291 on the headquarters of the Democratic Party of Indo- Order of Business—Foreign Relations Authoriza- nesia; establishes a dialogue to resolve the conflict in tion Act: It was made in order that during further East Timor; releases political prisoners; and expresses consideration of H.R. 1757, in the Committee of the the sense of Congress relating to attacks carried out Whole, that no further amendment shall be in order by the East Timorese resistance forces and condemns except 1) amendments en bloc offered by the Chair- these acts as they discredit the East Timorese cause man of the Committee on International Relations and could result in violent reprisals; Pages H3608±13 pursuant to the order of the House of June 5, 1997; The Engel amendment that establishes the and 2) an amendment offered by Representative San- ‘‘MacBride Principles of Economic Justice Act of ford regarding authorization levels which shall be 1997’’ for all contributions made by the United debatable under the five-minute rule. The order of States to Northern Ireland; Pages H3615±17 the House of June 5 provided that it shall be in The Slaughter amendment that expresses the sense order at any time for the Chairman of the Commit- of Congress that adequate assistance be provided to tee on International Relations or a designee, with the Lithuania and Latvia; Pages H3617±18 concurrence of the ranking minority member of that The McKinney amendment that establishes the committee or a designee, to offer amendments en ‘‘Code of Conduct on Arms Transfers Act of 1997’’; bloc. Amendments en bloc offered pursuant to this prohibits military assistance and arms transfers to unanimous consent agreement shall be considered as foreign governments unless the government pro- read, shall not be subject to amendment, shall not motes democracy; respects human rights; is not en- be subject to a demand for a division of the question gaged in certain acts of armed aggression; and par- in the House or in the Committee of the Whole, June 10, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D593 and may amend portions of the bill previously read ting. Testimony was heard from Harold Varmus, for amendment. The original proponent of an M.D., Director, NIH, Department of Health and amendment included in such amendments en bloc Human Services. may insert a statement in the Congressional Record immediately before the disposition of the amend- BUDGET RECONCILIATION ments en bloc. Page H3632 Committee on Commerce: Subcommittee on Health and Presidential Veto Message—Emergency Supple- Environment approved for full Committee action the mental Appropriations: Read a message from the following Budget Reconciliation recommendations: President received by the Clerk on Monday, June 9, Title IV—Committee on Commerce-Medicare; Title wherein he announces his veto of H.R. 1469, mak- III, Subtitle E—Medicaid; and Title III, Subtitle ing emergency supplemental appropriations for re- F—Child Health Assistance Programs. covery from natural disasters, and for overseas peace- BUDGET RECONCILIATION keeping efforts, including those in Bosnia, for the Committee on Commerce: Subcommittee on Tele- fiscal year ending September 30, 1997, and explains communications, Trade, and Consumer Protection his reasons therefor. The message was ordered print- approved for full Committee action amended the fol- ed (H. Doc. 105–96). Pages H3633±34 lowing Budget Reconciliation recommendation: Title Subsequently, agreed to the motion to refer the III, Subtitle D—Communications. bill and veto message to the Committee on Appro- priations. Earlier, agreed to order the previous ques- OVERSIGHT—FAMILY AND MEDICAL tion by a yea-and-nay vote of 216 yeas to 205 nays, LEAVE ACT Roll No. 177. Pages H3634±37 Committee on Education and the Workforce: Subcommit- Presidential Message—Cloning Prohibition: Read tee on Oversight and Investigations held an over- a message from the President received by the Clerk sight hearing on the Family and Medical Leave Act. on Monday, June 9, wherein he transmits his pro- Testimony was heard from public witnesses. posed legislation titled the ‘‘Cloning Prohibition Act MISCELLANEOUS MEASURE; BUDGET of 1997’’—referred to the Committee on Commerce RECONCILIATION and ordered printed (H. Doc. 105–97). Page H3638 Committee on Government Reform and Oversight: Sub- Referral: S. 610, to implement the obligations of committee on Civil Service approved for full Com- the United States under the Convention on the Pro- mittee action the following: H.R. 1316, to amend hibition of the Development, Production, Stock- chapter 87 of title 5, United States Code, with re- piling and Use of Chemical Weapons and on Their spect to the order of precedence to be applied in the Destruction, known as ‘‘the Chemical Weapons Con- payment of life insurance benefits; and Budget Rec- vention’’ and opened for signature and signed by the onciliation recommendations. United States on January 13, 1993 was referred to the Committees on International Relations and the OVERSIGHT—DEPARTMENT OF LABOR’S: Judiciary. Page H3656 MISSION, MANAGEMENT AND Amendments: Amendments ordered printed pursu- PERFORMANCE ant to the rule appear on pages H3661–63. Committee on Government Reform and Oversight: Sub- Quorum Calls—Votes: Two yea-and-nay votes and committee on Human Resources continued hearings six recorded votes developed during the proceedings on Department of Labor’s: Mission, Management, of the House today and appear on pages H3599, and Performance. Testimony was heard from Alexis H3599–3600, H3600–01, H3601–02, H3613–14, M. Herman, Secretary of Labor. H3614–15, H3632–33, and H3637. There were no ADMINISTRATION’S—TRADE PRIORITIES quorum calls. Committee on International Relations: Held a hearing on Adjournment: Met at 10:30 a.m. and adjourned at Trade Priorities of the Administration. Testimony 10:45 p.m. was heard from Charlene Barshefsky, U.S. Trade Representative. Committee Meetings MISCELLANEOUS MEASURES LABOR-HHS-EDUCATION Committee on the Judiciary: Subcommittee on Courts APPROPRIATIONS and Intellectual Property approved for full Commit- Committee on Appropriations: Subcommittee on Labor, tee action the following bills: H.R. 567, Madrid Health and Human Services, and Education held a Protocol Implementation Act; H.R. 1661, amended, hearing on National Institute of Health Priority-Set- to implement the provisions of the Trademark Law D594 CONGRESSIONAL RECORD — DAILY DIGEST June 10, 1997 Treaty; H.R. 1581, to reauthorize the program es- Robert C. Joslin, Deputy Chief, Forest Service, tablished under chapter 44 of title 28, United States USDA; and public witnesses. Code, relating to arbitration; and H.R. 1252, NATIONAL SEA GRANT COLLEGE amended, Judicial Reform Act of 1997. PROGRAM REAUTHORIZATION ACT PROHIBITION OF FINANCIAL Committee on Rules: Granted, by voice vote, an open TRANSACTIONS WITH COUNTRIES rule providing 1 hour of debate, on H.R. 437, Na- SUPPORTING TERRORISM ACT tional Sea Grant College Program Reauthorization Committee on the Judiciary: Subcommittee on Crime Act of 1997, with 40 minutes equally divided be- held a hearing on H.R. 748, Prohibition of Financial tween the chairman and ranking minority member Transactions with Countries Supporting Terrorism of the Committee on Resources and 20 minutes Act of 1997. Testimony was heard from William C. equally divided between the chairman and ranking Ramsay, Deputy Assistant Secretary, Energy, Sanc- minority member of the Committee on Science. The tions, and Commodities, Bureau of Economic and rule provides that, in lieu of the Science Committee Business Affairs, Department of State; R. Richard amendment now printed in the bill, that the amend- Newcomb, Director, Office of Foreign Assets Con- ment in the nature of a substitute printed in the trol, Department of the Treasury; and public wit- Congressional Record and numbered 1 shall be con- nesses. sidered as an original bill for the purpose of amend- ment, and provides that the amendment shall be NATIONAL DEFENSE AUTHORIZATION considered as read. Finally, the rule provides one ACT motion to recommit, with or without instructions. Committee on National Security: Subcommittee on Mili- Testimony was heard from Representative Saxton. tary Procurement approved for full Committee action DESECRATION OF THE FLAG— H.R. 1119, National Defense Authorization Act for CONSTITUTIONAL AMENDMENT Fiscal Years 1998 and 1999. Committee on Rules: Granted, by voice vote, a closed NATIONAL DEFENSE AUTHORIZATION rule providing 2 hours of debate on H.J. Res. 54, ACT proposing an amendment to the Constitution of the Committee on National Security: Subcommittee on Mili- United States authorizing the Congress to prohibit tary Research and Development approved for full the physical desecration of the flag of the United Committee action H.R. 1119, National Defense Au- States. The rule provides one motion to recommit thorization Act for Fiscal Years 1998 and 1999. which may include instructions only if offered by the Minority Leader or his designee, and if including in- AMERICAN LAND SOVEREIGNTY structions, shall be debatable for 1 hour equally di- PROTECTION ACT vided between the proponent and an opponent. Tes- Committee on Resources: Held a hearing on H.R. 901, timony was heard from Chairman Hyde and Rep- American Land Sovereignty Protection Act. Testi- resentative Canady. mony was heard from Rafe Pomerance, Deputy As- BUDGET RECONCILIATION WELFARE sistant Secretary, Oceans and International Environ- RECOMMENDATIONS mental and Scientific Affairs, Department of State; Denis P. Galvin, Acting Deputy Director, National Committee on Ways and Means: Approved welfare rec- Park Service, Department of the Interior; Charles P. onciliation recommendations to be transmitted to Childers, Representative, State of Wyoming; the Committee on the Budget for inclusion in Budg- Jeannette James, Representative, State of Alaska; and et Reconciliation legislation. public witnesses. f MISCELLANEOUS MEASURES COMMITTEE MEETINGS FOR WEDNESDAY, JUNE 11, 1997 Committee on Resources; Subcommittee on National Parks and Public Lands held a hearing on the fol- (Committee meetings are open unless otherwise indicated) lowing bills: H.R. 588, National Discovery Trails Senate Act of 1997; and H.R. 1513, to amend the National Committee on Appropriations, Subcommittee on Labor, Trails System Act to designate the Lincoln National Health and Human Services, and Education, to hold hear- Historic Trail as a component of the National Trails ings on proposed budget estimates for fiscal year 1998 for System. Testimony was heard from Representative the National Institutes of Health, Department of Health Bereuter; Katherine H. Stevenson, Associate Direc- and Human Services, 2 p.m., SD–138. tor, Cultural Resource Stewardship and Partnership, Committee on Armed Services, closed business meeting, to National Park Service, Department of the Interior; mark up a proposed National Defense Authorization Act June 10, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D595 for Fiscal Year 1998, and to receive a report from the Committee on Commerce, to mark up the following Budg- Senate Select Committee on Intelligence on the Intel- et Reconciliation recommendations: Title III, Subtitle ligence Authorization Act for Fiscal Year 1998, 10 a.m., A—Nuclear Regulatory Commission Annual Charges; SR–222. Title III, Subtitle B—Lease of Excess Strategic Petroleum Committee on Banking, Housing, and Urban Affairs, to Reserve Capacity; Title III, Subtitle C—Sale of DOE As- hold hearings on automated teller machine fees and sur- sets; Title III, Subtitle D—Communications; Title III, charges, 10 a.m., SD–538. Subtitle E—Medicaid; Title III, Subtitle F—State Child Committee on Commerce, Science, and Transportation, to Health Coverage Assistance; and Title IV—Committee on hold hearings on S. 629, to declare that the Congress ap- Commerce—Medicare, 10 a.m., 2123 Rayburn. prove the Agreement Respecting Normal Competitive Committee on Education and the Workforce, to mark up the Conditions in the Commercial Shipbuilding and Repair following: Budget Reconciliation recommendations; and Industry (Shipbuilding Agreement), a reciprocal trade H.R. 1515, Expansion of Portability and Health Insur- agreement resulting from negotiations under the auspices ance Coverage Act of 1997, 10 a.m., 2175 Rayburn. of the Organization for Economic Cooperation and Devel- Committee on Government Reform and Oversight, to con- opment, entered into on December 21, 1994, 9:30 a.m., sider pending business, 10:30 a.m., 2154 Rayburn. SR–253. Committee on International Relations, Subcommittee on Committee on Energy and Natural Resources, business International Economic Policy and Trade, hearing on Fast meeting, to consider pending calendar business, 9 a.m., Track NAFTA, Mercosur, and Beyond: Does the Road SD–366. Full Committee, to hold oversight hearings on the Lead to a Future Free Trade Area of the Americas? 2 State-side of the Land and Water Conservation Fund, p.m., 2172 Rayburn. 9:30 a.m., SD–366. Committee on the Judiciary, oversight hearing on civil Committee on Governmental Affairs, Subcommittee on asset forfeiture reform, including discussion of H.R. International Security, Proliferation and Federal Services, 1835, Civil Asset Forfeiture Reform Act; and to mark up to hold hearings on proliferation and United States export a private immigration bill, 10:00 a.m., 2141 Rayburn. controls, 9:30 a.m., SD–342. Committee on National Security, to mark up H.R. 1119, Committee on the Judiciary, Subcommittee on Constitu- National Defense Authorization Act for Fiscal Years 1998 tion, Federalism, and Property Rights, to hold hearings and 1999, 10:00 a.m., 2118 Rayburn. to examine judicial activism and its impact on the court Committee on Resources, to mark up H.R. 1278, National system, 10:30 a.m., SD–226. Oceanic and Atmospheric Administration Authorization Committee on Labor and Human Resources, business meet- Act of 1997; and to hold an oversight hearing on the Ad- ing, to mark up proposed legislation to reform the Food ministration’s priorities with respect to the budget agree- and Drug Administration, and to consider pending nomi- ment’s provision providing $700 million in additional nations, 9:30 a.m., SD–430. budget authority for fiscal year 1998 for Federal land ac- quisitions and exchanges, 1:00 p.m., 1324 Longworth. House Committee on Science, Subcommittee on Space and Aero- Committee on Agriculture, to consider Budget Reconcili- nautics, to mark up H.R. 1702, Commercial Space Act ation recommendations, 2 p.m., 1300 Longworth. of 1997, 1 p.m., 2318 Rayburn. Subcommittee on Forestry, Resource Conservation, and Committee on Transportation and Infrastructure, to consider Research, hearing to review the 1997 Conservation Re- the following: Budget Reconciliation recommendations; serve Program contract announcement, 9:30 a.m., 1300 H.R. 849, to prohibit an alien who is not lawfully Longworth. present in the United States from receiving assistance Committee on Appropriations, Subcommittee on Labor, under the Uniform Relocation Assistance and Real Prop- Health and Human Services, and Education, hearing on erty Acquisition Policies Act of 1970; H.R. 1747, John National Education Goals Panel; National Mediation F. Kennedy Center Parking Improvement Act of 1997; Board; and the Armed Forces Retirement Home, 10 a.m., and other pending business, 10 a.m., 2167 Rayburn. 2358 Rayburn. Subcommittee on Aviation, hearing on International Subcommittee on National Security, executive, hearing Aviation Bilaterals and Code Sharing Relationships, 2:00 on Future Bomber/Deep Attack Capabilities, 10 a.m., p.m., 2167 Rayburn. H–140 Capitol. Committee on Ways and Means, to mark up Budget Rec- Committee on Banking and Financial Services, to consider onciliation tax recommendations, 3 p.m., 1100 Long- the following: Budget Reconciliation recommendations; worth. and other pending Committee business, 10 a.m., 2128 Permanent Select Committee on Intelligence, executive, hear- Rayburn. ing on Iran, 10 a.m., H–405 Capitol. D596 CONGRESSIONAL RECORD — DAILY DIGEST June 10, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12 noon, Wednesday, June 11 10 a.m., Wednesday, June 11

Senate Chamber House Chamber Program for Wednesday: Senate may consider any Program for Wednesday: Complete consideration of cleared legislative or executive business. H.R. 1757, Foreign Relations Authorization Act (open rule); Consideration of H.R. 1758, European Security Act (closed rule, 1 hour of debate); and Consideration of H.R. 437, National Sea Grant College Program Reauthorization Act of 1997 (open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Gephardt, Richard A., Mo., –E1176 Rahall, Nick J., II, W. Va., –E1164 Gilman, Benjamin A., N.Y., –E1171 Rangel, Charles B., N.Y., –E1156 Bateman, Herbert H., Va., –E1173 Goodling, William F., Pa., –E1159 Riggs, Frank, Calif., –E1169 Berman, Howard L., Calif., –E1155, E1167 Hoyer, Steny H., Md., –E1165 Sabo, Martin Olav, Minn., –E1160 Bonilla, Henry, Tex., –E1159 Knollenberg, Joe, Mich., –E1167 Sanchez, Loretta, Calif., –E1155 Boyd, Allen, Fla., –E1158 Kucinich, Dennis J., Ohio, –E1161 Sanders, Bernard, Vt., –E1153, E1156, E1158, E1159, Brown, George E., Jr., Calif., –E1164 Lantos, Tom, Calif., –E1162, E1164 E1161, E1163 Burton, Dan, Ind., –E1153 Lewis, Jerry, Calif., –E1169 Schumer, Charles E., N.Y., –E1163 Collins, Mac, Ga., –E1170 Lucas, Frank D., Okla., –E1173 Sherman, Brad, Calif., –E1176 Cooksey, John, La., –E1176 McCollum, Bill, Fla., –E1166 Spence, Floyd, S.C., –E1159 Davis, Danny K., Ill., –E1154 McHugh, John M., N.Y., –E1174 Stark, Fortney Pete, Calif., –E1168 Davis, Thomas M., Va., –E1163 Matsui, Robert T., Calif., –E1156 Stearns, Cliff, Fla., –E1167, E1169, E1173 Dingell, John D., Mich., –E1170 Meehan, Martin T., Mass., –E1159 Stokes, Louis, Ohio, –E1154, E1157 Doolittle, John T., Calif., –E1168 Moran, James P., Va., –E1162 Torres, Esteban Edward, Calif., –E1164 Dreier, David, Calif., –E1165 Olver, John W., Mass., –E1155 Walsh, James T., N.Y., –E1157, E1159 Eshoo, Anna G., Calif., –E1160 Pascrell, Bill, Jr., N.J., –E1161 Waxman, Henry A., Calif., –E1167 Etheridge, Bob, N.C., –E1174 Payne, Donald M., N.J., –E1173 Weldon, Dave, Fla., –E1170 Fazio, Vic, Calif., –E1156 Pitts, Joseph R., Pa., –E1154 Frank, Barney, Mass., –E1157 Quinn, Jack, N.Y., –E1155

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