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

Vol. 143 , WEDNESDAY, MAY 21, 1997 No. 68 House of Representatives The House met at 9 a.m. Accordingly (at 9 o’clock and 3 min- I was pressed into service by a power The Chaplain, Reverend James David utes a.m.), the House stood in recess even greater than the Speaker’s. Char- Ford, D.D., offered the following pray- subject to the call of the Chair. lie Johnson, our Parliamentarian, er: f asked me to be here this morning, and We know, O gracious God, that You he asked me at 3 o’clock in the morn- RECEPTION OF FORMER MEMBERS have called all people to do the works ing, a particularly unfriendly request, I OF CONGRESS of justice in our communities, our Na- thought. tion, and in our World. On this day, we The Speaker of the House presided. But all of us spend a lot of money not are especially aware of the contribu- The SPEAKER. On behalf of this to join your ranks. Senator Beall and tions of those who have served in Gov- Chair and this Chamber, it is a high my predecessor, Carlton Sickles, who ernment and have used their abilities honor and distinct personal privilege to held this seat, and I am so glad to wel- and gifts in ways that have strength- have the opportunity of welcoming so come back my good friend and col- ened the common good, enhanced the many of our former Members and col- league, Bev Byron from . We security of every person, and have leagues as may be present here for this have a number of Marylanders. Too shown compassion for the neediest occasion. We all welcome you. many of them are former Members. I among us. The Chair at this time would recog- am not going to mention all of your We acknowledge the high honor that nize the distinguished majority leader, names. But Lindy Boggs, I think prob- the citizens of this Nation have given the gentleman from Texas [Mr. ably only Bev Byron and Lindy Boggs them, and we pray that Your blessing ARMEY], who may well be on the way. have known me since long before I will be with them now and in all the We were in session until 4 this morn- went to law school even. years to come. Amen. ing. Many of you remember with fond- I am pleased to be here with you and f ness those particular events. welcome all of you back. It must be a Let the Chair proceed out of order, if great experience to come back and be THE JOURNAL he might. Since the distinguished gen- with your colleagues. This is an incred- The SPEAKER. The Chair has exam- tleman from Maryland [Mr. HOYER], ibly wonderful institution. We kid ined the Journal of the last day’s pro- the Democratic nominee, is here, the about it. Obviously, there are tough ceedings and announces to the House Chair will recognize him prior to the times. You saw last night, I think, a his approval thereof. gentleman from Texas [Mr. ARMEY]. demonstration of that. Pursuant to clause 1, rule I, the Jour- The Chair would say after a 4 o’clock Mr. Speaker, I want to congratulate nal stands approved. session, Mr. HOYER does deserve a you on your remarks last night, which f small round of applause for being here I thought were very appropriate. The on time. President, the Speaker, the Democrats, PLEDGE OF ALLEGIANCE Mr. HOYER. I know that all of you and the Republicans in the House, com- The SPEAKER. Will the gentleman lamented the fact that you were not ing together to try to pass a budget from North Carolina [Mr. COBLE] come Members of the Congress of the United that nobody really thought was the forward and lead the House in the States last night, and you remember budget they would have selected, clear- Pledge of Allegiance. fondly those 3 o’clock in the morning ly, but it was a budget that obviously Mr. COBLE led the Pledge of Alle- sessions that we had, and you thought a very large number of folks, indeed, I giance as follows: to yourself, what a great institution think only 99 voted against it, felt was I pledge allegiance to the Flag of the this is. in the best interests of our country. United States of America, and to the Repub- I want to say that I am pleased to be I see Larry Hogan, another one of my lic for which it stands, one nation under God, here. Mr. Speaker, I am certainly predecessors. Unlike Glenn, he is still indivisible, with liberty and justice for all. pleased to be here with you. Last night constrained to sit on that side of the f was reminiscent of the first 100 days of aisle. Old habits die hard, right, Larry? the Contract With America, where it As a matter of fact, Larry’s son ran RECESS seemed to me we never stopped meet- against me just a few years ago, now The SPEAKER. Pursuant to the ing. that I think of it. order of the House of Friday, May 16, Mr. Speaker? This institution, of course, generates, 1997, the House will stand in recess sub- He is not listening. That is typical of I think, incredibly strong friendships ject to the call of the Chair to receive what we Democrats, the kind of respect among us on either side of the aisle, the former Members of Congress. we get around this House nowadays. and although there is a great deal of

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.

H3071 H3072 CONGRESSIONAL RECORD — HOUSE May 21, 1997 partisanship that has been reflected that you would never get the ink off, I try to create a better product by the over the last few years, than thought. And that fellow is here. I friction of their passions and by the when I first came, which I think is worked for him for the last year I was friction of their ideas. lamentable personally, nevertheless, I at the University of Maryland and for 3 Each of you, having lived it, having think that as the newer Members get years at Georgetown Law School. He been there, having been here at 4 here, the longer they are here, the less was responsible, very frankly, not only o’clock in the morning, having been in partisan they become; not necessarily, for my being able to go to law school the conference committees, having as all of you have experienced, less con- but for the fact, I think, that I am been in the subcommittees, having victed of the principles with which here. Dan Brewster, former U.S. Sen- been in the hearings, each of you can they came, but less convinced that the ator from our State. do an immense amount to help younger folks who do not agree with them are The SPEAKER. I appreciate the gen- Americans learn that this is the inevi- not good Americans as well. tleman’s intervention. I would say I table process by which freedom sur- I think those of you who are former can hardly give you a better example of vives and renews itself. Members are not Republican former the point you were making and I am In that sense, I think that this 27th Members or Democratic former Mem- trying to reinforce. Literally, there is annual meeting of the U.S. Association bers, but former Members who contrib- an organic chain of being that goes of Former Members of Congress is a pa- uted greatly to your country, to your back to the very founding of this Con- triotic meeting and that you serve a districts certainly, and your States, gress, and in that sense we owe all of patriotic service. but to this institution as well. On be- you a debt for having helped create the Last year, I was very proud when you half of DICK GEPHARDT and DAVID institution. honored my leader, Bob Michel, with BONIOR and VIC FAZIO and the rest of The other thing I would say to you: your Distinguished Service Award. the leadership, I am very, very pleased We need your help. This institution, This year, you are going to recognize a to welcome you back and to thank you like virtually every institution in gentleman who has gone on to serve his for the shoulders on which we try to America, is changing. Many of you country in new and even more famous serve as well as you did. were here before C–SPAN. At least a ways, although I doubt if he will travel Thank you very much. few of you were here before we went to much more as the U.N. Ambassador The SPEAKER. I want to note for the electronic recording of votes, and you than he did as a Member of Congress, distinguished gentleman from Mary- know the institution was different because he set the alltime record for land that the Parliamentarian arrived when you had to stay on the floor long one-man delegations to weird and ob- during his talk, but shortly after his enough to get through the rollcall. You scure places. But Bill Richardson cer- notice of the IOU that the Par- know that the whole social interaction tainly has earned the Distinguished liamentarian owes him, so the Par- was different. Service Award by the act of distin- liamentarian should at some point be We are changing in many ways. I ar- guished service, and I am glad you are reminded of this institutional obliga- rived at the very beginning of the C– doing that. tion. SPAN era. Beginning in January 1995, Now it is my great honor to request Let the Chair, on behalf of the major- we began to move toward putting the the past president of the Association to ity, just say several things. First of all, Congress on line. You can now access it take this chair, the gentlewoman from the point that Mr. HOYER made about through the Thomas System as well as Louisiana, Lindy Boggs. all of us in a very real sense standing a variety of other systems. Mrs. BOGGS (presiding). Thank you, on your shoulders is literally true, When I announced in a 1-minute last Mr. Speaker. It is an honor, of course, partly because you trained us. Friday that the budget agreement to be here to preside over this historic I think back to working with Mrs. would be available on the Internet lit- meeting. I am very, very pleased to be Boggs on the restoring of the House erally before GPO could print it, in the here. project. I think about times I worked first hour after my 1-minute speech The Clerk will now call the roll of with Chairman Tom Bevill as he put there were 10,000 connections with the former Members of Congress. together the various water projects site that had the budget agreement. The Clerk called the roll of the that we worked on together. I think of People all over the country were get- former Members of Congress, and the how much I learned from my very first ting it for free. They did not have to following former Members answered to leader, John Rhodes, and how much have a lobbyist; they did not have to their names: more I learned from Bob Michel. have a subscription to a fancy service. I can tell Bob in particular that there However, the core of the institution, ROLLCALL OF FORMER MEMBERS OF CONGRESS ATTENDING 27TH ANNUAL SPRING MEETING, were several times yesterday when we I think, has probably not changed since MAY 21, 1997 were in the middle of an exciting vote, the Continental Congress or since the William V. (Bill) Alexander of Arkan- in an effort that ran from about 2 various assemblies of the colonies. sas; o’clock yesterday afternoon until 3 Human beings have to come together Chester G. Atkins of ; o’clock this morning, that I thought of from different places, each empowered the number of times that you had made by their citizens, each bringing their J. Glenn Beall, Jr., of Maryland; a decision and decided to live it out, hopes, their dreams, their personal- Tom Bevill of Alabama; and you did not really know for sure ities, their idiosyncracies. They have James H. Bilbray of ; whether you would win or lose, but you to gradually find a way to work to- Lindy Boggs of Louisiana; knew it was better to go ahead and gether, because if you can’t, you can’t Daniel B. Brewster of Maryland; stick to it once you had done it than it get 218 votes and you can’t get any- of ; was to spend a whole lot of energy wor- thing done. It is as frustrating, confus- Donald G. Brotzman of Colorado; rying about it. We worried a tad during ing, and human as it was in the very Glenn Browder of Alabama; the evening, but we ended up winning beginning. Clarence J. Brown of Ohio; 216 to 214 in a magnificent show of bi- I think all of you can continue to James T. Broyhill of North Carolina; partisanship. serve your country and help all of us to Jack Buechner of ; Mr. HOYER. Mr. Speaker, excuse me the degree you can find the time, Clair W. Burgener of California; for interfering. I did not know he was whether in a classroom or a civic club Beverly B. Byron of Maryland; here, but in 1962 there was a House or in the news media, to explain and Elford A. Cederberg of Michigan; Member, and his office was next to Otis educate about this complex, frustrat- Charles E. Chamberlain of Michigan; Pike’s, and there was this young kid at ing, and difficult process. Barbara Rose Collins of Michigan; the University of Maryland that want- We have to get the country to under- William C. Cramer of Florida; ed to get into politics. So he came to stand that at the heart of the process Robert W. Daniel, Jr., of ; his office and he volunteered, and he of freedom is not the Presidential press E (Kika) de la Garza of Texas; ran a robo machine and then did that conference, it is the legislative process; Ron de Lugo of Virgin Islands; doggone machine that you did the it is the give and take of independently Joseph J. Dioguardi of ; newsletters on, that you got so dirty elected, free people coming together to John N. Erlenborn of Illinois; May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3073 Marvin L. Esch of Michigan; (Mr. FREY asked and was given per- lines. But it is the thing to do. It is Louis Fry, Jr., of Florida; mission to revise and extend his re- really easy to do. Robert Garcia of New York; marks.) As we travel around, I think we find Robert N. Giaimo of Connecticut; Mr. FREY. Madam Speaker, where that those of us who have nothing to Robert A. Grant of Indiana; were you when I was running for Gov- gain or are not running for political of- Gilbert Gude of Maryland; ernor? fice, who really love this place, in some Robert P. Hanrahan of Illinois; Mrs. BOGGS. Mr. Frey is recognized ways have a certain degree of credibil- Dennis M. Hertel of Michigan; to give a report on his presidency and ity for those of us in politics that Lawrence J. Hogan of Maryland; the work of the association in the past maybe does not exist anyplace else, Margorie Holt of Maryland; year. and I think it is important that we do Elizabeth Holtzman of New York; Mr. FREY. Madam Speaker, thank get out to the colleges and campuses, John W. Jenrette, Jr., of South Caro- you for those kind introductory re- as we have done. lina; marks. They are obviously deeply ap- It is a difficult time to serve in pub- Don Johnson of Georgia; preciated. lic office, but this institution and what of Massachusetts; All of us are pleased and honored to we have been given here is absolutely David S. King of ; have this opportunity once again to be fundamental to the freedom that this Herb Klein of New Jersey; on the House floor to present the 27th country has. We haven’t been free all Dan H. Kuykendall of Tennessee; annual report to the Congress. I want that long. We are the longest lasting Peter N. Kyros of Maine; to thank the Speaker, , democracy, but it hasn’t been all that Lawrence P. ‘‘Larry’’ La Rocco of the minority leader, all Members of the Idaho; long, and it isn’t because we have been Congress, and the gentleman from lucky, it is because people have worked Norman F. Lent of New York; Maryland. Thank goodness there were Jim Lloyd of California; at it, people of both parties who sin- not any more people from Maryland cerely care about this country. Cathy Long of Louisiana; here; we would not have gotten to the One other reason this organization is Romano L. Mazzoli of ; meeting, I do not think. becoming more and more needed is the James A. McClure of Idaho; Madam Speaker, this association is demand for time. Late sessions obvi- Lloyd Meeds of Washington; in its 27th year since its inception, has ously, but a Congressperson has so Robert H. Michel of Illinois; over 600 members and an annual budget much to do, and there is so much Clarence E. Miller of Ohio; in excess of $700,000, which is going to media, so much need to educate. We John S. Monagan of Connecticut; reach this year probably close to $1 are always on call. Sitting out here is G.V. ‘‘Sonny’’ Montgomery of Mis- million. We are a bipartisan, or prob- more knowledge probably than in any sissippi; ably more correctly a nonpartisan, or- place in this country, people who know Frank E. Moss of Utah; ganization, united by the knowledge it more about issues and worked on them James L. Nelligan of ; was a unique privilege to serve in the than anyplace else. It is an incredible Stanford E. Parris of Virginia; Congress and also with the understand- asset for this Nation that we have and Claiborne Pell of Rhode Island; ing that we have an obligation to con- Shirley N. Pettis of California; all of us have. tinue to give back to this country J.J. Pickle of Texas; which has done so much for each and I think, lastly, more than anything Otis G. Pike of New York; every one of us. else, we are all united by a true love of Richardson Preyer of North Carolina; Certainly it is an interesting time to this institution. I think the word Joel Pritchard of Washington; serve in the Congress but is also an in- ‘‘privilege’’ to me is the word that de- Bill Richardson of New Mexico; teresting time to be involved with the scribes how I feel about this, and I John J. Rhodes of ; Association of Former Members, which know how each and every one of you John J. Rhodes III, of Arizona; feel about it. Matthew J. Rinaldo of New Jersey; has really changed significantly over the last number of years. What started In a minute I am going to yield to Paul G. Rogers of Florida; various Members who have done and Toby Roth of ; out as basically an alumni association has changed into an organization that been involved in certain areas to let Philip E. Ruppe of Michigan; them tell you a little bit about what it Marty Russo of Illinois; has taken on more and more govern- ment-related tasks and has developed, is and let the people out there listening George E. Sangmeister of Illinois; understand more about us, but because Harold S. Sawyer of Michigan; in accordance with its charter, a num- of a scheduling problem in terms of the James H. Scheuer of New York; ber of programs, both domestic and need to get to a couple meetings and Richard T. Schulze of Pennsylvania; international, to promote the improved probably rescue some hostages, we are Phil Sharp of Indiana; understanding of Congress as an insti- going to move out of order a little bit Carlton R. Sickles of Maryland; tution and representative democracy Jim Slattery of ; as a system of government. and give our distinguished service Neal E. Smith of Iowa; There are probably several reasons award. We do that each year to some- Al Swift of Washington; for the dynamic change. The first is one in the country who we think just James W. Symington of Missouri; that fewer and fewer people are serving epitomizes what is best about the Con- Charles W. Whalen, Jr., of Ohio; longer and longer in Congress, some by gress and being a public servant. Last George C. Wortley of New York; chance and some by choice. So people year, of course, that was our former Beryl Anthony of Arkansas; are leaving Congress. Some go on and minority leader, Bob Michel. It was Richard Chrysler of Michigan; serve in key positions, such as, obvi- wonderful again to see Bob here. Ronald Coleman of Texas; ously, the Vice President, or Tim We rotate it from the Republicans to Lane Evans of Illinois; Wirth. Many of our former Members the Democrats. Harry Haskell of Delaware; have served in key positions, but many This year is a Democrat recipient, William Hathaway of Maine; are still looking for something to do, and of course it is the U.S. Ambassador Bill Lowery of California; something to do in the public service to the United Nations, the Honorable Paul McCloskey of California; area, and this organization gives them Bill Richardson. Bill was elected seven Howard Pollick of Alaska. that chance. times from his district, I guess served Mrs. BOGGS. The Clerk has reported Also, and the Speaker mentioned it, seven full terms before the President that 80 Members are present, so we will our institutions are under attack. Just appointed him on December 13, 1996. As call this session together. this week there was a new book that Ambassador, he is a member of the It is now my tremendous pleasure to trashed the Congress and said every- President’s , a member of the present the innovative, highly success- body who served here was basically ei- National Security Council, and, of ful, intelligent, hard working president ther a sexist or stupid or both, I am not course, as a Member of the U.S. Con- of the Former Members of Congress As- sure in what order, and it is obviously gress, he held one of the highest rank- sociation, the gentleman from Florida, by people who have never been in com- ing positions in the House Democratic Mr. Frey. bat as such, always the guy on the side leadership. H3074 CONGRESSIONAL RECORD — HOUSE May 21, 1997 I think we also know that even So I am very humbled in getting this to talk about the Presidential elections though he was not the U.S. Ambas- award. I want you to know that public in United States. sador to the United Nations, he was housing is existing well at the Waldorf But once we got there, they said you somebody who probably was doing the Towers in New York. You are all most know, this is a one-party state, and job before he got it. He was all over the welcome to come. We have a lot of bed- they always say that the U.S. political world, rescuing hostages, helping, real- rooms. As former Members of Congress, system is the same, because there is ly serving as just a tremendous part of I can assure you, you will be treated not a nickel’s worth of difference be- U.S. foreign policy. just as well as any member of the tween the Republicans and the Demo- In 1996, he held a historic meeting President’s Cabinet. crats. We probably disagree about that, with Cuba’s , during which So in accepting this award, let me but our goal was to sharply define the he successfully negotiated the release say that it is most gracious of you to differences between the two parties. of three political prisoners and got give it to me. Regrettably, I have to go So in the political game, we always visas for their families. back to New York for a Security Coun- try to talk about our colleagues and I think all of us who know Bill and cil meeting which will deal with sanc- that we agree on this and disagree on who served with him and know him tions on . It is a skill, as I said, that and agree to disagree. But Dennis knows he has tremendous energy, he is in terms of my committee assign- and I went at it hammer and tongs, in- highly intelligent, he is uncompromis- ments, the work that we did together, cluding the national broadcast that we ingly honest and he truly represents that I have learned with you. had. We had their top anchorman inter- what is best in a public servant. I know So I look forward to being active in view us, or moderate the debate at the all of you share my feelings of respect this organization. I noticed early on U.S. Information Agency’s offices, and admiration for Ambassador Rich- my name was not called, so that means went throughout the country, and Den- ardson. I would appreciate it if he I probably have to pay some dues. But nis and I tried to as sharply define the would come forward now to receive the to all of you, if I do not get a chance to differences between the two political award. see and hug each one of you, and I Presidential campaigns and the can- Time out for glasses. It reads, I know because of the schedule we will didates as possible. We really had a think, ‘‘Presented to the Honorable not be able to, I want you to know that great time, probably maybe leaning to Bill Richardson for exemplary service I remember one incident about each the extremes on issues to define the to the Nation, including seven terms as and every one of you that is lodged in differences. U.S. Representative for the Third Dis- my being and my heart, that is a good The most interesting thing was that trict of New Mexico, numerous human- one. And whether I made funny noises wherever we went, and we had probably itarian and diplomatic special assign- at you or whether we had a chance to five different occasions with legisla- ments, and his current service as U.S. do something together, that is some- tors, parliamentarians, with Cabinet Ambassador to the United Nations. thing that I will always cherish. officials, with university professors and Washington, DC, May 21, 1997.’’ students, we went and met with them, Bill, there is also a scrapbook of let- To Lou Frey, thanks for that very I just want to close because I know the ters from your friends, which there is a nice introduction. To all of you, I mean time is limited, that we had a great lot more we have got to add to it, but it, New York, the Waldorf, the U.N., I you are obviously respected and loved, hope we get a chance to visit again. time, we pointed out that there was a and we are just so proud to be able to Thank you so much. difference between the parties and be- give you this award. Mr. FREY. Thank you, Mr. Ambas- tween the candidates, and that in the Mr. RICHARDSON. Marty Russo said sador, for those kind remarks, and United States there was an oppor- he would start chiding me if I went good luck at the Security Council. tunity for this difference to be shown over 2 minutes. As I indicated before, a number of to the American public, and that was Thank you very much. This is a great Members have been involved in various very good for us and it was good for honor for me, especially when I see so activities, and what I would like to do those people in Zimbabwe that were many friends. I served 14 years in the is yield to some of the Members to trying to promote a pluralistic society. House, and I think I have served with briefly describe what they have done But one of the things that always about 70 percent of you, and the Speak- and what they have taken part in. came up was, people were asking us er made a little joke about congres- As I indicated, the association has why we were picking as a country on sional travel. But really, in my 14 provided opportunities for the Members poor old Fidel Castro. And at one of years, I felt that through this travel is to share their congressional experi- these occasions, all of a sudden Dennis where you get to know people from ences overseas. In the past we have had remarked about what a thug that Cas- both sides of the aisle, where true bi- 16 study groups that have been carried tro was, and that there were no multi- partisanship, and they had this Her- out through the country and through- parties and freedom of political partici- shey conference on civility. As I recall, out the world. I would like to yield, if pation in Cuba, and he went on saying whenever we bonded together on some he is here, to the gentleman from Mis- that if Castro was such a great guy, of these trips, and I see Clinger back souri, Jack Buechner, who will talk how come he did not do this and did there and my wife saying to me that about a trip he and Congressman not allow travel, and he went through she found Democratic and Republican Hertel took to Africa in October of these things. wives people that she could relate to, 1966. Is he here? Two demerits. His dues Afterwards, I said, ‘‘You know, Den- and she could not understand why get doubled. nis, I did not know you were that real- there were such differences between Here he is. I just was warming up. It ly philosophically opposed to Fidel the two parties, when as Americans we is all yours. Castro.’’ He said, ‘‘I do not give a damn were very much together. Mrs. BOGGS. The gentleman from about Fidel Castro, but I am getting Let me just say that at the United Missouri, Mr. Buechner, is recognized. tired of being picked on.’’ Nations, it is a challenge. But if I Mr. BUECHNER. Thank you for So we expressed our individualism brought some skills to the United Na- yielding, Mr. President, and fellow and our political partisanship. We had tions, they were skills that I learned former Members. It is good to be here a wonderful time, and I think the U.S. right here as a Member of the House, back in the well. It has been a long Information Agency said the former skills of negotiating, of relating to time. Let me take this off, because it is Members of Congress did as good a job each other, of doing the thousands of bad for the camera, if you remember of letting people in a part of the world town meetings that many of us have that. that is very interested in the transi- done. This is where you learn to nego- I am trying to make this brief, but I tion to democracy, especially following tiate and deal with people and cut have to tell you, taking a trip with upon South Africa and building upon deals and relate and extricate things and encapsulating it in a that, and this is something I would en- from somebody else. At the same time, few minutes is a pretty tough task, be- courage you to do. the camaraderie, the collegiality we cause Dennis loves to talk to people. I want to remind you, we flew coach. had as Members, is something that I We went to Zimbabwe. The U.S. Infor- It is a 25-hour portal-to-portal trip. It know we will never forget. mation Agency sent us there ostensibly is not for the faint of heart. But I have May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3075 to tell you, Dennis Hertel managed to Ambassador Sasser and his DCM were Mrs. BOGGS. The gentleman from speak to everybody that he met for extremely helpful with us, and we had Missouri, Mr. Symington, is recognized long periods of time, and he spent more in-depth briefings with his country for his remarks. time being a former Member of Con- team. Mr. SYMINGTON. Madam Speaker, gress than I did. I slept and read a lot. The remainder of the trip was outside Mr. FMC President Frey, thank you. Thank you very much. I yield back. Beijing. We went to Xian, where the The week of December 9 to 15, 1996, I Mr. FREY. I would now like to yield Provisional People’s Congress were our was privileged to join three other to the gentlewoman from Maryland, host. They talked about trade and edu- former Members and two then sitting , to talk about the trip cation. There are 47 universities and 10 Members of Congress on a bipartisan to China in September 1996 and the re- military academies in Xian alone. fact-finding trip to Cuba. sult of the trip. The former Members Shanghai, which was a municipality, The delegation of three Democrats paid their own international travel was our host. and three Republicans consisted of our costs, and the costs in China were paid Much of the discussion was on for- association president, Lou Frey of by the Foreign Affairs Committee of eign trade, with $48 million spent last Florida, as its chairman, myself as co- the National People’s Congress. year, $8 million with the United States, chairman, Mike Barnes of Maryland, Mrs. BOGGS. The gentlewoman from and last September there were 15,000 Dennis DeConcini of Arizona, Toby Maryland, Mrs. Byron, is recognized. joint ventures, of which 1,700 were with Roth of Wisconsin, and JON Mrs. BYRON. Let me say that, Lou, I U.S. companies. CHRISTENSEN OF NEBRASKA. have to have this side of the aisle, I am We were able to export a little bit of Our very full schedule of visits and sorry. I cannot speak from the other the U.S. culture when Carlton Sickles appointments, arranged in part pri- side. It just does not work. It is like gave us a rendition on his miniature vately and in part via the Cuban Gov- church and the movies; you know and Nancy Schulze and ernment, brought us together with or- which side you are comfortable on. Judy Brewster belted forth with dinary people, students, academicians, Let me say that we were able to pull ‘‘Edelweis.’’ I am not sure how the Ger- church leaders, political dissidents, in- together a delegation of 10 former man exchange program song sheet got dustrialists, Government officials, Members, of 4 spouses, 2 daughters, no with us, but it did. members of the diplomatic corps, and animals, to meet in Beijing in Septem- We moved on to Quilin, and there we the U.S. intercession. For these con- ber of last year, and we began a 10-day were able to see the sister city of Or- tacts and opportunities, we were in- study tour of China at the invitation of lando, FL, even to the fireworks that debted to our very able association their Foreign Affairs Committee. they held as we were on board a river- consultant, Walter Raymond, and to This group of former Members, many boat. This city is visited by 8 million the good offices of a former Cuban of whom had been in China before, were Chinese visitors a year and a half a hand, retired Ambassador Timothy able to gain a great deal of comparison million from overseas. Much of the dis- Towell, who advanced and accompanied with the previous visits. Prior to the cussions were on environmental, water, us on this trip. trip, we held briefings with the State electric issues, and they were very We were well briefed prior to the Department, the Foreign Affairs Com- pleased to talk about their new airport visit by the State Department and Na- mittee staff of the House, and received that was to open in the next week tional Security Council; Mr. Eizenstat, many, many pages of background ma- which will give 10 times the capacity of the President’s Special Envoy on terial. the current airport. While we were in Beijing, we held Several members of our delegation Cuban Affairs; leaders of the Cuban- meetings with the chairman of the For- did some in-depth research on medical American communities; and Members eign Affairs Committee, our host, Zhu issues and, at every point and turn in of Congress and key legislative aides. Liang, and since he stated that since the visit, tried acupuncture. I will let Upon return, we were debriefed by launching a reform campaign, eco- them report that on their own. these same individuals and offices and nomic development is China’s first pri- As a result of our trip, I think it is particularly the chairman of the House ority. The United States position is the intent of this organization, the foreign affairs committee, inter- still one China. That was discussed on former Members, to create and encour- national affairs committee, BEN GIL- numerous occasions. That has not age sponsorship of an exchange pro- MAN, and the ranking member, LEE changed. gram of the U.S. Congress and the Na- HAMILTON, and their staffs. Our rec- We will see the magical date of July tion’s People’s Congress. The board of ommendations were placed in the 1, 1997, approaching, and the world will directors has approved this, and we are RECORD by Mr. HAMILTON. be looking at the transfer of Hong going to be looking to fund that. Briefly, they reflected the consensus Kong and how China handles the cur- We have a delegation report that has of this group that, first, the lives and rent vibrant, economically stable city been filed with various Members of the prospects of the Cuban people are still, that is presently there. House and the State Department. Were as my fellow Missourian, Mr. Buechner, A second meeting was held with the it not for Lou Frey and Linda Reed, intimated, under rigid government con- chairman of the standing committee, this trip would not have been possible, trol; and, second, that a policy of selec- and that was a discussion on the public and I want to thank them and look for- tive engagement would prove more ef- influence in the United States of the ward to many more of this group that fective in diminishing those rigidities press, and it is important to have a is before us today taking part in such than one of unremitting isolation and continuing dialog. It was discussed an exchange. sanctions. that an exchange program should begin Thank you. We specifically recommended the between our two countries. Mr. FREY. I thank the gentlewoman. permitting of food and other humani- The Vice Premier, Minister of For- She is chairman of the committee to tarian assistance, properly handled, eign Affairs Qian Qichen, stated, and work on this with a number of the peo- without the present obstacles to travel this is rather interesting, that China ple who went on the trip, so we cer- and shipment. The Cuban people them- must be economically stable to have a tainly appreciate that. selves, including those in endangered peaceful world. As this body begins its I would next like to yield to the opposition, when given the oppor- discussion in the next few weeks on former president of the association, tunity, expressed the hope that Ameri- most-favored-nation status for China who really put together a trip through cans would soon return in great num- and the vote is taken next month, I the Ford Foundation to Cuba. One of bers on business or vacation or both. quote the Vice Premier. Human rights the things I think we found is that The larger questions thus raised re- have improved greatly since 1940. there are times that we, as former main before our Government and Con- That is 56 years. Members, can do things relatively un- gress for review and consideration. He also stated, but China’s leaders officially that it is difficult for sitting Thank you very much. are working on correcting a number of Members to do, and maybe this Cuban Mr. FREY. Thank you, Mr. Syming- areas. trip was one of them. ton. It will be interesting to see what So the gentleman from Missouri, Mr. C-SPAN was nice enough to cover it. areas. Symington. We had a press conference. We came H3076 CONGRESSIONAL RECORD — HOUSE May 21, 1997 back and were surprised. We thought bers of Congress to meet with their These activities were the heart of our four or five people would show up. We counterparts in the Japanese Diet for program in the second year. We had about 70. National press was there. frank discussions of those key issues. brought in 35 Ukrainian interns who There is obvious continued press inter- The end of the has pro- were competitively selected to rep- est in this, which shows you how effec- foundly changed the way governments resent a broad geographic cross-section tive we can be. have been reacting and making deci- of the country. Finally, now in the last Next I would like to yield to the gen- sions and reacting to events, but you, year, we are supporting 45 young tleman from Wisconsin, Toby Roth, the former Members of Congress, know Ukrainians in the Parliament, over who will talk about our Congressional better than anyone else that no report, half of which are women. Study Group on Germany which is no Internet, no briefing can substitute We have established with the leader- funded primarily by the German Mar- for face-to-face meetings. ship a better working relationship so shall Fund, and the Congressional I thank you, the former Members of that now, for 1997–98, we can increase Study Group in Japan funded by the Congress, for your commitment and the number of interns to establish a Japanese-United States Friendship dedication to these two outstanding provincial program in at least three of Commission. programs. their state governments in the Ukraine Mrs. BOGGS. The gentleman from Mr. FREY. Thank you. to expand significantly on support for Wisconsin is recognized. I think it is important to note that research and analysis, and the latter is Mr. ROTH. Thank you, Madam under the rules of financing and many designed to follow up after the end of Speaker and Mr. President. It is great of the rules of the House, the former the congressional research program in to be here this morning with you. Members fill a vacuum for a service the Ukraine, which has provided com- You and I share a distinguished place that cannot be done in the House. So puters and related equipment and es- in American history in that we were we really are instrumental to keep tablished the basis for a reference serv- fortunate, all of us, to serve in the U.S. these programs alive, and we are look- ice. Congress. And I think I know everyone ing at other programs with other coun- When we see the controversy and the in the room here this morning. I want tries to do this. great issues and problems facing the Now I would like to yield to the gen- to say it has been a real honor to serve Ukraine and all the , tleman from Michigan, I do not know if with you, and I think of you often. former Soviet Union, we see how im- Madam Speaker and Mr. President, I it is the better or worse half of that dy- portant this program has been and how am delighted to thank you, the former namic duo, Dennis Hertel, to talk well it has been supported by the mem- about our program in the Ukraine. Members of Congress, for the possibil- bers of the association. Mrs. BOGGS. The gentleman from ity of the two superbly managed study Thank you, Mr. Chairman. Michigan, Mr. Hertel, is recognized. Mr. FREY. Thank you for that re- groups we have, one in Germany and Mr. HERTEL. Thank you, Madam one in Japan. I have had firsthand port. Chairperson. We have done this in some of the knowledge on the value of the Congres- First I would like to offer my con- other former Iron Curtain countries, sional Study Group on Germany. Last gratulations to our chairperson as the Slovakia, some of the others. We sent year I was with our congressional dele- Ambassador to the Vatican and the people over there to work with their gation when we visited Bonn. We met first woman from the United States to parliaments on it. I have been to Slo- with Members of the Bundestag, the be appointed to that post to represent vakia three times, twice in the winter. people in the Government, Foreign our Nation. It is not something you would volun- Minister Klaus Kinkel, statesmen like Mr. FREY. You stole my closing line, teer for. They are starting at ground Graf Otto von Lambsdorff, and many but that is all right. zero. It is really interesting. There is other prominent Germans in the Gov- Mr. HERTEL. I really do want to no institutional history whatsoever. ernment. I do not have to tell you, the thank the staff of this association for Now I would like to yield to the gen- former Members of Congress, how valu- all they have done. Linda REED has tleman from Kentucky, Mr. Mazzoli, able these exchanges are. done yeoman’s work. There are so who will talk about a trip that he and This year we had another delegation many things they can accomplish with our former Member and Secretary of visit to Germany, and, of course, we so very few people and limited dollars. the Interior, Manuel Lujan, took to look forward to working with the Ger- And Walt Raymond, who, as staff al- Mexico, to help us maybe set up an ex- man delegations when they visit us ways do, has assisted me in preparing change program there. here in the United States. this report on our Ukrainian program. Mrs. BOGGS. The gentleman is rec- The study group has sponsored 14 an- It is our broadest program. ognized. nual seminars and other meetings and The association has been supporting Mr. MAZZOLI. Madam Speaker, Mr. has involved more than 100 congres- a parliamentary democracy program President, ladies and gentlemen, my sional participants with our counter- for the past 3 years in the Ukraine. The former colleagues, how great it is to parts in the German Bundestag in var- Ukraine was selected for its vital im- see everyone and be with you today. ious discussions. Ongoing activities portance to the region. A free and inde- The association serves many pur- with the study group include, for exam- pendent Ukraine favorably changes the poses, and under the excellent leader- ple, the one on Germany is sponsoring political situation in the region and en- ship of Lou Frey, our friend from Or- annual seminars involving Members of hances European security. lando, and the able staff work of Linda the U.S. Congress and their counter- Our program of support of the Reed, Walt Raymond, and the group, parts in the German Bundestag, con- Ukrainian Parliament was initiated in we really maximize the bounce for the ducting a hospitality program at the March 1994. Cliff Downen, a former sen- buck. U.S. Capitol right here for distin- ior staffer, has been our field represent- As a result of the work that has been guished guests from Germany, arrang- ative. In his first year, he focused pri- done, the association affords us, as ing for members of the Bundestag to marily as an adviser on par- former Members, a chance to come to- visit congressional delegates’ districts liamentary practices, including rules gether in this beautiful Chamber, with the Members of Congress. of procedure, committee processes, how which holds so many memories for all I do not have to reiterate to you to draft a bill, transparency, and relat- of us, as the scenes of our legislative again how vital and important these ed subjects. efforts for our hometowns and States. activities are for the parliamentarians Several former Members and Bill It also affords us an opportunity, of both countries. Brown, our former Parliamentarian, through the Campus Visit Program, to The study group on Japan has some also visited Kiev to help the Ukrain- visit campuses around the country. It 70 Members of the Congress. The objec- ians in the first phase. Now we have was my pleasure to visit the alma tives of the study group are to develop moved on to provide key staff to their mater of Dick Lugar, our colleague a congressional forum for the sustained parliament and key research papers to from across the Capitol, Denison Uni- analysis of policy options on major is- their various committees, including versity in Granville, OH, last spring- sues in United States.-Japan relations the chairmen that are working on re- time. It was a wonderful visit. I spent and to increase opportunities for Mem- forms there. time with the students and the faculty. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3077 Our association also offers opportuni- retary of the Interior, Manuel Lujan, of New All in all, I came away from this recent trip ties to travel abroad. As our President Mexico. Our trip, jointly sponsored by the U.S. to Mexico both heartened and disappointed. said, Congressman Lujan and I did Department of State, and the Association of I am disappointed that many deeply rooted travel to Mexico. We spent a week Former Members of Congress, included nearly and highly emotional issues between our na- there in June of last year between Mex- 4 days in Mexico City and a day and a half in tions remain which make it difficult for Mexico ico City and Guadalajara. There are Guadalajara. and the United States to come together in many memories. We had meetings, as This time around, Mexican officials, to a per- common cause. thankfully, the efforts of Presi- all of us have, with parliamentarians, son, agreed that the United States has sov- dent and President Ernesto Zedillo with the academic community, with ereignty over its border and has the right as Ponce de LeonÐwho have developed a cor- the business community, the govern- well as the responsibility to institute programs dial and effective working relationshipÐand ment leaders, our counterparts in the to control the border between the United members of both nations' Cabinets working assembly. We came away with many States and Mexico. The 1981 references to through organizations such as the United feelings. We filed that, Mr. President, the right of Mexicans to travel freely were ab- States-Mexico bi-National Commission, the in a full report which you have, I sent. Instead, we heard frequent and favorable Summit of the Americas, the organization of think, received permission to file in references to the importance of continued con- American States, and the Border Governors the RECORD. tacts between the two nations. group have led to binational and multinational But essentially, we found the atti- This is not to say that Mexicans were silent institutional frameworks for the development of tude much improved, and I think that on the topic of immigration or muted in their solutions to mutual problems. serves to underscore the outstanding criticism of the way their Mexican brothers and On the positive side of the ledger, Secretary work that our colleague, Jim Jones, sisters are sometimes treated by United Lunjan and I also found an extraordinary inter- has done in Mexico as Ambassador. His States immigration authorities. But, in sharp est in what Mexicans team ``federalism'': How counterpart in this country, Jesus contrast to 1981 when the polemics and governmental systems optimally should func- Silva Herzog, we will hear from at broadsides flew freely, on this visit our Mexi- tion. Mexico has long had an extremely strong lunch today, the Ambassador from can hosts and hostessesÐI found many more executive branch of Government under which Mexico, who has visited with us both women now than in 1981 in positions of influ- the Presidents are guaranteed not only per- here on the Hill and in the to enceÐendorsed collaborative United States- sonal when their terms end but a vir- talk about ways that these visits can Mexican initiatives on immigration and drug tual hegemony over the entire nation during be institutionalized, because, Mr. intervention. their term of office. In that setting, the legisla- President, as you have said many One jarring note to Secretary Lujan and me tive branch of government in Mexico has been times, former Members have opportu- was the belief held by many Mexicans, even impotent and passive. today members of the nities to speak to issues and to address some who have spent time in the United Mexican Senate and the House of Delegates concerns that we cannot, as sitting States, that there exists in the United States a are devoted to gaining a rightful role as a co- Members, do. selective dislike and antipathy toward Mexican equal branch of government. For us in the So I think we offer not only this re- people. Several made the point that the two United States, this is plain vanilla federalism. pository of information and knowledge immigration bills then pending before the In Mexico, it is revolutionary. and experience and, we hope, some wis- 104th Congress singled out Mexican nationals Sitting Members of Congress, as well as dom, but also the opportunity to speak for the brunt of the enforcement and control former Members such as Secretary Lujan and without the necessary problems of con- effort. I, along with constitutional experts and political stituency concerns and speak to issues Secretary Lujan, himself of Hispanic de- scientists have an unprecedented opportunity that really advance the understanding scent, and I did our best to assure everyone to assist our counterparts in Mexico in fashion- between nations. that Americans bore no ill nor animus toward ing a new government for the next century. It So even as we, I think, have, by rea- Mexicans in a generic or a class sense. I did, is a matchless opportunity to do something son of President Clinton and President however, point out that the frustration of the good as well as do something smart. Zedillo Ponce de Leon’s relationship, American people grows because of increased On another subject, Secretary Lujan and I advanced the Nation’s agenda, then I violence at the border committed by aliens were never far from complaints about the so- think we, as former Members, can do seeking to enter the United States illegally and called Helms-Burton Act which penalizes do- the same thing. by organized Mexican drug smugglers. Frus- mestic and foreign companies which do busi- Mr. President, the only thing I would trations are also fanned by stories in the ness in Cuba involving property confiscated say is, I hope there is some mechanism media detailing the abuse of America's welfare from United States firms or citizens at the time we can use to institutionalize these and health care systems by undocumented of Castro's takeover. Because of the trips. Only because of your fertile Mexican aliens. extraterritoriality of Helms-Burton and because imagination and your inventive ac- To be fair, it must here be noted that not ev- of its retroactivity feature, it has excited great counting have these trips been made eryone who enters at the southern border is opposition as well as calls for retaliation from possible. So there has to be some meth- from MexicoÐmany of them are from else- Canada and Mexico and from nations of the od to institutionalize them. I hope we where in the Americas and the worldÐand not European Union and of the Organization of can. I think they are very valuable, everyone who is in America illegally has American States. As we now know, but did not and I am honored to have played a part crossed the border to get hereÐmany have last June, President Clinton has somewhat in this. overstayed their visas. quieted the issue by exercising the various op- My first trip to Mexico was in 1981. My next In our discussions in Mexico, I resorted to a tions, waivers, and discretionary authorities and only other visit was last June. In the inter- familiar and, I feel, powerful argument: Mexi- which he is accorded under the law. vening 15 years, Mexico's political, social, ec- cans in positions of influence over their na- Soon after my return from Mexico, I traveled onomical, and educational climate has tions' public policy should support United to El Paso, TX, to take part in a naturalization changed profoundly. And, in no way is this States efforts to control illegal immigration ceremony at which 4,078 persons from 53 na- change more dramatic than in the way Mexico from Mexico in order to preserve legal immi- tions became United States citizens on the views the migration of its people. gration programsÐwhich benefit Mexico more campus of the University of Texas at El Paso. In Mexico 1981, Mexican officials rejected than any other nation in the hemisphereÐ Taking part in this ceremony was particularly the premise that Mexico and the United States which are not being challenged on Capitol Hill impressive for me both personallyÐmy own had a mutual interest in controlling illegal entry in response to the citizen frustrations I have father was an immigrant from ItalyÐand pro- of Mexican nationals into the United States. referred to earlier. fessionallyÐwhile in Congress, I was the co- These officials declared that Mexican citizens Furthermore, the growing export and import author of the Simpson-Mazzoli bill, the Immi- had the right and the authority under Mexican trade between United States and MexicoÐ gration Reform and Control Act of 1986, under law to leave the Nation without control or under NAFTAÐand the expanded financial re- whose provisions many in that audience in El question and without exit documents. lationships between the nationsÐillustrated by Paso were being naturalized. Fifteen years later I found a starkly different the recent support program for the peso engi- It is in these naturalization ceremonies that attitude exhibited by the Mexican academics, neered by the United States Treasury Depart- all the separate threads of the immigration Government leaders, and business leaders mentÐsuggest that Mexico gains much by story are woven into a complete garment. Nat- with whom I spoke during my week in Mexico supporting United States sovereignty over its uralization programs give us a better purchase with former Congressman and former Sec- international borders. on the complex and complicated thing called H3078 CONGRESSIONAL RECORD — HOUSE May 21, 1997 immigration and they demonstrate that while I would like to yield to the gen- Oh, yes, we did come away with at every nation in history has had problems with tleman from New York, who went on least two students who expressed inter- migration and immigrationÐthe United States one of those trips and was highly suc- est in running for Congress, one of is no exception to this historical verityÐour cessful, to tell us a little bit about his whom had lost a recent race for the Nation has an opportunity and a solemn re- time on campus. Mr. Wortley. mayor of Lawton, OK. Perhaps if Den- sponsibility to address this vexing and chal- Mrs. BOGGS. The gentleman from nis and I had gotten there a little ear- lenging subject with balance, sensitivity, for- New York, Mr. Wortley, is recognized. lier, we might have made a bigger dif- bearance and charity. Mr. WORTLEY. Madam Speaker, Mr. ference. Where do we start? President, I do feel more comfortable But I am hopeful that our campus By continuing to work with Mexico to control at this lectern than perhaps the other fellowship presentations have made a illegal immigration. In 1981, Father Theodore one. difference and the day will come, M. Hesburgh, former president of the Univer- Mr. FREY. I am a little nervous over Madam Speaker, when you will see the sity of Notre Dame, and chair of President here. results of our efforts in this Chamber. Carter's Immigration Reform Commission said: Mr. WORTLEY. I might digress for a Thank you. ``If we don't close the back doorÐcontrol ille- moment to say that the United States Mr. FREY. I might add as the result gal entry into the United StatesÐwe won't be representation at the Holy See will of this and going to the campuses, we able to keep open the front door.'' through never have been in better hands than have been asked to write a book about which people enter the United States legally. with the Ambassador-elect. the Congress from a personal stand- The only way to avoid this undesirable result I am pleased to report this morning point, and I sent out a message, some is to heed Father Ted's prescient advice. that the United States Association of of you have sent it in. Some, like the By urging our legislators and the President Former Members of Congress Campus gentleman from California, Pete to adopt a broad perspective on immigration Fellowship Program is active, healthy, McCloskey and Larry Coughlin and a and to oppose nativist, racist or mean-spirited and delivering a bipartisan message to few others who I have not named, proposals despite their political and popular al- the campuses of America’s universities. haven’t gotten their chapters in, so lure. During this past academic year, the as- this is a gentle reminder for it. By attending a naturalization ceremony. sociation cosponsored the program But we are working with the head of Normal ceremonies at the Federal court- with the Stennis Center for Public the Political Science Department at houses may not be as large as the one in El Service in Mississippi. Bipartisan Colgate University to publish the book, Paso, but they are no less impressive. teams of former Members of Congress, and we think it will be unique. There By attending a religious liturgy celebrating one Democrat, one Republican, have have been books on Congress, but there immigration such as those sponsored annually made 2- to 3-day visits to nine univer- has never been a book on various as- by the U.S. Catholic Conference during Na- sity communities from California to pects of Congress written by the people tional Migration Week. Florida, Georgia, Mississippi, Ohio, who really were here and lived it. So if By attending ethnic festivals in which the Oklahoma, and New Mexico. everybody gets their chapter in, we food and customs and heritage and music of The former Members donated their may have that done by the first part of immigrant people are showcased and good time. The Stennis Center paid the the year. times are had by all. transportation expenses, and the Just very quickly, getting to the end By attending programs such as those spon- hosting institutions provided our room of this, as you can see, we are really sored by churches and temples and mosques and board. doing a lot. We are really out there, in- where newcomers are welcomed, counseled, I was joined at Cameron University volved in different things. There are and given help with language training, job and in Lawton, OK, by Dennis Hertel, who opportunities, hopefully, for you and craft skills, and acculturation. seems to be the most popular man on for some who are not here to get in- By attending graduation programs at local the floor this morning, Dennis. You are volved. There are also opportunities for high schools, colleges and universities, and all over the world. We lectured six, po- corporations and foundations who are noting the ethnic diversity of the academically litical science classes, participated in listening, who want to help the kids in distinguished graduates. Many of them are im- one 30-minute television panel, gave a this country, to contribute and work migrants or the sons and daughters of recent 1⁄4 hour newspaper interview over with us to do this. It would be great if immigrants. lunch, as well as a second luncheon we could get the 50 universities. It Immigration is fascinating and frustrating where the U.S.-U.N. relationship was would be wonderful. We have had 106 precisely because it is the story of the sweep the topic of discussion. We were also Members volunteer and probably an- of human history. It is the story of the nobility the subject of a couple minutes of TV other 30 just over this time. So we have and of the fallibility of humankind. Rarely has coverage on local news shows and were the people. It is just the funding mech- a people had a greater opportunity to impress guests at a department reception. anism to do it. So anybody listening, if its hallmark on history and humankind than we In our off hours, we enjoyed a dinner you are interested, you know where to in the United States possess here and now. hosted by the college president and an- get us. We should have a 1–800 number By welcoming the strangers in our midst, we other at the home of our host. up there. It is a worthwhile thing to do. will enrich and revitalize our Nation and the Dennis and I found an interesting We maintain close relations with the world in the process. blend of students that included several associations of former Members of Par- Mr. FREY. Thank you, I think. retired and retiring military personnel liament around the world, and in that The crown jewel of what we do really from nearby Fort Sill, as well as the I would like to recognize one of our is working with young people. I think usual undergraduate age group. The guests who has been with us before. that probably gives each of us the most students were alert, inquisitive, and Barry Turner, president of the Cana- satisfaction of anything we do, the kept both even Dennis and I on our dian Association of Former Par- chance to go to college communities to toes at all times. liamentarians, is with us today. talk with young people, to spend 2, 21⁄2 Did we make a difference? Yes, we Barry, would you please stand up and days with it. We have started now a did make a difference. I believe we gave be recognized. Congressional Campus Fellowship Pro- the students new insight into the proc- Barry has written a chapter for the gram. It actually began in 1976 and sort ess and hopefully dispelled some of the book on comparing our system with of teetered along for a while. We went misconceptions that exist today about the Canadian system. to a number of places. But we have this great institution. We were living We really appreciate your help on really institutionalized it. examples that reasonable men can dis- that. Part of the reason is, we have been agree but never need to be disagree- Obviously, the officers of the associa- able to work with the Stennis Center able. tion, Matt McHugh, John Erlenborn, for Public Service in Mississippi State I would note that at Cameron Univer- John Lancaster, the board of directors, University. They have acted as sec- sity we were the guests of the Depart- really have done an incredible job. This retariat of it for us and sent groups ment of Political Science and Criminal is a working group, not people who out. This year I think we went to 10 Justice. I am not sure if there was any have let their names be used on the or- schools, and our goal next year is 20 or significance in the pairings of those ganization. We have an auxiliary head- 25 schools around the country. two subjects. ed by Annie Rhodes, who has run the May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3079 Life After Congress seminar, which is a country understand what we have been in which the concurrence of the House wonderful thing. This is the second given, the incredible job that the peo- is requested: time we have done it for people who are ple who wrote this Constitution did. A S. 342. An act to extend certain privileges, retiring. It sort of walks them through little over 7,000 words, and it still exemptions, and immunities to Hong Kong what they have and the problems and, works somehow today. Economic and Trade Offices. frankly, discusses what they are facing It is so easy to kick things around S. Con. Res. 6. Concurrent resolution ex- pressing concern for the continued deteriora- when you get out, going from where ev- and be cynical; it is so easy to knock; tion of human rights in and em- erybody listens to you and calls to but this body is what keeps it together. phasizing the need for a peaceful political when all of a sudden the phone stops This is the keel on the sailboat that settlement in that country. ringing and how do you handle that. keeps us from tilting too far to the S. Con. Res. 21. Concurrent resolution con- The auxiliary is to be really congratu- right or too far to the left, and we usu- gratulating the residents of Jerusalem and lated. ally float back and forth through the the people of on the thirtieth anniver- Linda Reed, our executive director, center. There really is no other group sary of the reunification of that historic wears many, many hats and does an in- in this country that has the ability to city, and for other purposes. credible job. We are lucky to have her speak, that has the credibility to f and really just so proud of the job you speak, and that are united, not with a PRINTING OF PROCEEDINGS HAD do, Linda. ‘‘D’’ or ‘‘R’’ after our names or what- DURING RECESS Walt Raymond, who came on board ever, that is really insignificant, but Mr. FOLEY. Mr. Speaker, I ask unan- with us to work part time and now are united for our love for this institu- imous consent that the proceedings works full time back there and who is tion. We are part of and have been part had during the recess be printed in the really responsible for the tremendous of the greatest legislative body in the CONGRESSIONAL RECORD and that all growth of our overseas programs. history of the world. I say that without Members and former Members who Now it is my sad duty to inform the any false sense of pride, but I say it be- spoke during the recess have the privi- House of those persons who served in cause I think this institution has lege of revising and extending their re- the Congress who have passed away earned the respect of those people in marks. since our report last year. The de- this country and those people around The SPEAKER pro tempore. Is there ceased Members of Congress are as fol- the world, and it is going to keep the objection to the request of the gen- lows: respect. I look forward to working with tleman from Florida? James F. Battin (Montana); Ray each and every one of you for those There was no objection. Blanton (Tennessee); Paul W. Cronin things that we believe in. f (Massachusetts); (New Thank you so much, Madam Speaker. York); Edward J. Gurney (Florida); Mrs. BOGGS. The Chair again wishes ANNOUNCEMENT BY THE SPEAKER Seymour Halpern (New York); Oren to thank the following Members of PRO TEMPORE Harris (Arkansas); Charles Hayes (Illi- Congress for your presence here today The SPEAKER pro tempore. The nois); Chet E. Holifield (California); and to announce that those of you who Chair will recognize 15 1-minutes on Harold E. Hughes (Iowa); Leo Isacson may have come in after the roll was each side. (New York); Harry Jeffrey (Ohio); Ed- called, that you may come and make f ward H. Jenison (Illinois); Coya your presence known to the Clerk here NATIONAL CENTER FOR MISSING Knutson (Minnesota); Paul J. Krebs at the Speaker’s desk. AND EXPLOITED CHILDREN (New Jersey); Robert M. Love (Ohio); I would be very happy to have all of Hugh Buenton Mitchell (Washington); you registered and to thank all of you (Mr. FOLEY asked and was given per- William L. Scott (Virginia); Jessie for your participation, not only in this mission to address the House for 1 Sumner (Illinois); and session, but for your participation day minute and to revise and extend his re- (Massachusetts). after day, year after year, in carrying marks.) Madam Speaker, I respectfully ask forward, as our President has just said, Mr. FOLEY. Mr. Speaker, it is a all of you to rise for a moment of si- this great and wonderful Government privilege to rise today. We had a recep- lence in their memory. May they rest under the enduring Constitution of the tion this morning for the National Cen- in peace. Amen. United States. ter for Missing and Exploited Children, Mrs. BOGGS. It is so ordered. I wish to thank all of you for coming, where we honored many of the police Mr. FREY. May they rest in peace. and I now declare that the session is heroes that have helped bring back Amen. over and that the House will reconvene home some of our children that have Thank you. at 10:30 this morning. been lost throughout our Nation. Madam Speaker, I would like obvi- Accordingly (at 10 o’clock and 15 It is sad enough to read the head- ously to offer on behalf of myself and minutes p.m.), the House continued in lines. There was the slaying of everybody here, our congratulations. recess. Michelle Montoya, 18, a popular Rio They just don’t do it better, and we are Linda High School student whose body f obviously not only proud of the job you was found in the school wood shop on have done in Congress but for us, and b 1032 Friday, and a high school janitor ac- now a new responsibility, and we are AFTER RECESS cused in the death of the student had a really lucky. history of violence, but school officials Mrs. BOGGS. I thank the gentleman. The recess having expired, the House waited until after he was on the job be- Mr. FREY. Madam Speaker, this con- was called to order by the Speaker pro fore seeking background information cludes our 27th annual report to the tempore [Mr. COBLE] at 10 o’clock and from the State. Congress by the United States Associa- 32 minutes a.m. A child’s life has been lost because tion of Former Members of Congress. f we failed to do our job, and we find out I think I said earlier, and I truly be- had they done it properly, that this MESSAGE FROM THE SENATE lieve it, that being a Member of this person who was accused of the crime body was a privilege. It was the best A message from the Senate by Ms. had a violent past, had been in jail for thing that ever happened to me. There McDevitt, one of its clerks, announced 12 years for manslaughter. How many were times that I would look out the that the Senate had passed without more children have to die before we do window and say, you know, am I really amendment a concurrent resolution of what is appropriate in protecting our here? I never lost awe of this institu- the House of the following title: defenseless children? tion. I never lost feeling that being H. Con. Res. 49. Concurrent resolution au- I want to commend the National Cen- here was just an incredible opportunity thorizing the use of the Capitol Grounds for ter for Missing and Exploited Children and a privilege, and think to the same the Greater Washington Soap Box Derby. for all they have done to help reunite extent I feel that being a former Mem- The message also announced that the children with their families. But we ber is also a privilege, because we have Senate had passed a bill and concur- have to do more. Our most precious re- got a chance to help the people in this rent resolutions of the following titles, source in this country is our children. H3080 CONGRESSIONAL RECORD — HOUSE May 21, 1997 They are vulnerable, they need our as- STOP PLAYING POLITICS WITH COURT MARTIAL FOR LT. KELLY sistance, they need the help of Govern- DISASTER RELIEF AND WIC FLYNN ment. FUNDS (Mr. TRAFICANT asked and was given permission to address the House f (Ms. DELAURO asked and was given permission to address the House for 1 for 1 minute and to revise and extend minute and to revise and extend her re- his remarks.) ACTION NEEDED ON PENSION marks.) Mr. TRAFICANT. Mr. Speaker, the PROTECTION Ms. DELAURO. Mr. Speaker, it has Pentagon said Lt. Kelly Flynn, the (Mr. GEJDENSON asked and was now been 60 days since the President first woman to fly a B–52, committed given permission to address the House sent disaster relief legislation to the adultery and lied. Lt. Kelly Flynn ad- for 1 minute and to revise and extend Congress. My colleagues on the other mits she made a mistake. For this, the his remarks.) side of the aisle would rather play poli- Pentagon has chosen to court-martial Mr. GEJDENSON. Mr. Speaker, soon tics with the bill than move to provide Lieutenant Flynn. we will be taking up H.R. 1377, the Sav- needed relief for flood victims. Repub- What a country, Congress. Jimmy ings are Vital to Everyone’s Retire- licans have added a poison pill to the Swigert can return to prime time, but ment Act of 1997, the Savers Act. It is legislation, which in fact would ulti- Kelly Flynn gets hard time. Unbeliev- very nice. It says the President should mately reduce the levels of funding for able. For years G.I. Joe was given a have a study. But we know what we education, for the women, infants, and and a slap on the wrist, but need to do on retirement protection. children program, and for other pro- now G.I. Jane gets a court-martial, a There is legislation that I have au- grams that directly benefit working slap in the face, and to boot, labeled as thored, and others. middle class families today. This could Jezebel for life. I ask, if this was Lt. Fifty-one million Americans do not undermine the entire bipartisan budget Erol Flynn instead of Lt. Kelly Flynn, have pensions today. Women, one-third agreement that we did work into the would there be a court-martial, Con- of them are covered by pensions at age wee hours of the morning to pass. gress? Beam me up. 55, and that is wrong. Women retirees Meanwhile, the flood victims con- The truth is these Pentagon fat cats are in systems that provide lower bene- tinue to wait for their disaster relief have been sitting on their bureaucratic fits. Women are less than half as likely money. In addition, 360,000 women, in- self-righteous brasses far too long. as men to work in jobs that are covered fants, and children who receive nutri- What is next, gentlemen? Chastity by pensions. Twelve million women tion assistance from the WIC program belts? I yield back the balance of all work for small firms who simply do not are at risk for losing milk, formula, this adultery and crime. have pensions at all. and cereal. I urge my Republican col- f Mr. Speaker, the Republicans when leagues, stop playing politics with the IN HONOR OF THE RESIDENTS OF they were in the minority used to at- bill. Let us pass the legislation. Let the FARIBAULT, MN tack us for having studies. That is President sign it, and move quickly to what they have turned out to do now. get these funds to the folks who so des- (Mr. GUTKNECHT asked and was We are going to study pensions, when perately need them. given permission to address the House we know what we need to do. We need for 1 minute and to revise and extend to make sure that unscrupulous com- f his remarks.) panies do not rip off people’s pensions, Mr. GUTKNECHT. Mr. Speaker, next so people can invest in a modern soci- week we celebrate Memorial Day. I rise WITH A WINNING BALANCED ety where they move from job to job, to commend the residents of Faribault, BUDGET AGREEMENT, THE ONLY that they can keep those benefits, that MN, for their traditional observance of LOSERS ARE BIG GOVERNMENT it is easier for private companies to set this most sacred holiday. AND THE STATUS QUO up pensions, and that women are treat- The first observance of Memorial Day ed equally to men. Studies are fine. Let (Mr. GIBBONS asked and was given by the residents of Faribault, MN, was us get some action on the floor. permission to address the House for 1 on May 30, 1869. Under the leadership of minute and to revise and extend his re- the local Grand Army of the Republic f marks.) post, Capt. J.C. Turner, the post com- Mr. GIBBONS. Mr. Speaker, America mander, took command and led the sol- COMMENDING THE BALANCED awoke this morning to the first bal- diers and citizens of Faribault, MN, on BUDGET AGREEMENT anced budget agreement in nearly two the first Memorial Day march. With (Mr. TIAHRT asked and was given generations. Today I rise to commend colors and banners unfurled they permission to address the House for 1 my colleagues on both sides of the marched to three local cemeteries minute and to revise and extend his re- aisle, both Democrats and Republicans, where flags and flowers were placed on marks.) for the passage of the balanced budget the graves of fallen comrades. A cere- Mr. TIAHRT. Mr. Speaker, here in agreement. mony was held with a scripture reading America we are taxed on the very first This budget truly is good news for and prayer led by Reverend Dubois. cup of coffee we drink in the morning. the American people. This bipartisan This year the citizens of Faribault We are taxed on every gallon of fuel we approach demonstrates to the Amer- and the Rice County Veterans Associa- expend just to get to work. We are ican people that we in Congress are tion will once again participate in taxed when we make a phone call. We willing to put aside petty partisan poli- community activities, and proudly dis- are taxed when we buy something on tics to pass this historic balanced play the stars and stripes in honor of the way home. When we get to our budget. Faribault’s fallen heroes and departed home, we pay property taxes on the Although this agreement may not be loved ones. house we live in. Then, God forbid, if perfect, passage of this budget will The people of Faribault serve as shin- we should die, we are paying taxes once mean smaller government, lower ing examples for their longstanding pa- again. We pay in life and we pay in spending, lower taxes, a solvent Medi- triotism and commitment to civic death. care system, and a balanced budget, all duty. Early this morning we did something in one plan. The people in my district f about that by passing the balanced in Nevada will be able to keep more of budget agreement. For the first time in their hard-earned money to save, in- LET US MOVE AMERICA TOWARD 16 years we have hope of a little Fed- vest, and send their kids to college, or A BALANCED BUDGET IN A FAIR eral tax relief for families that work. spend any way they see fit. Seniors, WAY For the first time in nearly 30 years we families, and future generations will (Mr. SANDERS asked and was given will get to a balanced budget by the all benefit from this budget agreement. permission to address the House for 1 year 2000. Sweet dreams, America. The only loser is big Government and minute and to revise and extend his re- Hope is alive. the status quo. marks.) May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3081 Mr. SANDERS. Mr. Speaker, the b 1045 ment gives us the opportunity to both good news is that Congress has made CUBAN INDEPENDENCE reduce taxes, let people spend their real progress in reducing the deficit in own money and hold the line on spend- the last 4 years from $290 billion down (Ms. ROS-LEHTINEN asked and was ing here in Washington. to $65 billion. That is good. The bad given permission to address the House f news is that the budget agreement for 1 minute and to revise and extend WHALE WATCHING INDUSTRY IN voted upon last night gives huge tax her remarks.) JEOPARDY breaks to the wealthiest people in this Ms. ROS-LEHTINEN. Mr. Speaker, 95 country, the people who do not need it, years ago yesterday, May 20, the island (Mr. METCALF asked and was given and at the same time lowers the qual- of Cuba gained its independence after a permission to address the House for 1 ity of health care for our senior citi- long fought struggle against the Span- minute.) zens by cutting Medicare over a 5-year ish crown. Mr. METCALF. Mr. Speaker, a multi- period by $115 billion. That is wrong. Sadly, while millions of free Cubans million dollar industry is in Washing- ton State, California, Oregon, and Brit- Mr. Speaker, we must move this outside the island celebrated this proud ish Columbia. It is the whale watching country toward a balanced budget, but day, for the 11 million Cubans still liv- ing under the brutal totalitarian dicta- industry. in a way which is fair, in a way which Whales are used to boats out there helps the middle class and the working torship of the Castro regime, it was just another day in the persistent and they do not mind getting close to families of this country, and not just the boats. In fact, sometimes they will the wealthy. struggle to reclaim the freedoms gained after independence from Spain even rub against the boat. This indus- While targeted tax breaks for the but lost with the rise of Fidel Castro to try is about to be put in jeopardy. The middle class are appropriate, it makes power. International Whaling Commission no sense that over half of the proposed Yet Cuba’s new freedom fighters face meets this year, within the next month tax cuts go to the highest earning 5 similar repressive measures as those or so, and they are prepared to author- percent. Not only is that wrong, but it who led the struggle for Cuban inde- ize one tribe in Washington and several is bad economics. With huge tax breaks pendence in the 1800’s. in Canada to renew commercial whal- for people who do not need them, we As the Interamerican Human Rights ing. run the of going through the Commission recently reported, in to- When they start that, these are very 1980’s all over again and seeing the def- day’s Cuba the harassment, accusa- intelligent animals. As soon as we icit explode. tions, adoption of disciplinary meas- begin killing whales, the blood in the Let us move this country toward a ures, and prison sentences for persons water, those animals will become very balanced budget, but let us do it in a who peacefully display their disagree- skiddish. We will not get a boat within a mile of them. This multimillion dol- way that is fair. ment with the political regime in place lar industry is about to be put in jeop- have persisted. f ardy for no good reason in the world. The report adds that those who work Once we allow the tribes to do it, against the regime are accused of then the Norwegians and Japanese, PASS THE BALANCED BUDGET enemy propaganda, contempt, and re- who also have a historic record of cap- AGREEMENT BEFORE THE PA- bellion. It is for them that Cuba’s inde- turing whales, will be able to do whal- TIENCE OF THE AMERICAN PEO- pendence leader, Jose Marti, wrote, ing nationwide. But I am concerned PLE IS MAXED OUT ‘‘The sufferings endured for the sake of about the whale watching industry in winning freedom make us love it the (Mr. BOB SCHAFFER of Colorado Washington State and the Pacific more.’’ asked and was given permission to ad- coast. f dress the House for 1 minute and to re- f vise and extend his remarks.) PASSAGE OF BALANCED BUDGET CAPITAL GAINS TAX CUTS Mr. BOB SCHAFFER of Colorado. RESOLUTION (Mr. WELDON of Florida asked and Mr. Speaker, it is interesting to hear (Mr. KINGSTON asked and was given the liberals on the other side talk was given permission to address the permission to address the House for 1 House for 1 minute and to revise and about how disappointed they are that minute and to revise and extend his re- we are not spending more money. At extend his remarks.) marks.) Mr. WELDON of Florida. Mr. Speak- last tally the national debt stood at Mr. KINGSTON. Mr. Speaker, with er, I have heard the other side charac- $5.1 trillion. The national credit card is the passage of the balanced budget terize capital gains tax cuts so many hereby declared maxed out. agreement last night, many people times as tax cuts for the wealthy that The politicians in Washington have have asked, is it consistent to cut I am truly baffled. I am baffled because been going crazy with the national taxes and try to reduce the deficit? To I do not know if the other side persists credit card for too long. Although we this I say yes. Here is why. in saying this because they simply do might think that running up the na- For every dollar we send to Washing- not know what they are talking about tional credit card is clearly a case of ton as taxpayers, Washington spends or because they know that bashing the insufficient adult supervision, think over a $1.50. You can spend your money rich is good politics. again. No, the $5 trillion debt on the a lot more efficiently than my friends So, Mr. Speaker, I have a few ques- national credit card is a result of 40 in Congress. I can spend your money. tions for the other side. Does the other years of expanding big government. It If you have more money in your side believe that the role of capital in is a result of special interests taking pocketbook, you are going to buy more our economic system is unimportant? over the budget at the expense of the records, more clothes, more socks, Put another way, can the other side middle class taxpayers. It is a result of more shoes, more whatever. When you conceive of a single thing, anything at an entitlement mentality that requires do that, small businesses expands. And all, that is more important to our eco- government to live beyond its means. when they expand, they create more nomic growth than savings and invest- Mr. Speaker, there has been a change jobs. When more jobs are available, ment? Do the Democrats believe that in the in Washington. The more people go to work. When more taxing savings and investment less will change in adult supervision means the people go to work, less are on public result in more of it? national credit card is about to see a assistance and more pay in taxes. Rev- Does more savings and investment declining balance for the first time enues actually increase. This was prov- help create jobs or prevent them from since 1969. Deficit spending has gone on en both by President Reagan and Presi- being created? Does the other side pre- long enough. So I urge my colleagues dent Kennedy. tend to believe that the poor will pros- to be persistent in moving forward on The other side to that, though, is as per if fewer jobs are created? the balanced budget agreement before these revenues increase because of a Of course not. The other side is so ob- the patience of the American people is tax cut, we have to hold the line on sessed, Mr. Speaker, with the possibil- maxed out, too. spending. Last night’s budget agree- ity that rich people like Bill Gates and H3082 CONGRESSIONAL RECORD — HOUSE May 21, 1997 Tiger Woods might get richer that they The Clerk read as follows: ‘‘(E) the importance of prudence and diver- would deny the poor an economy that H.R. 1377 sification in investing, ‘‘(F) the importance of the timing of in- produces more jobs for everyone. No Be it enacted by the Senate and House of Rep- vestments, and wonder the voters are cynical. resentatives of the United States of America in ‘‘(G) the impact on retirement savings of Congress assembled, f life’s uncertainties, such as living beyond SECTION 1. SHORT TITLE. BALANCED BUDGET AGREEMENT one’s life expectancy. This Act may be cited as the ‘‘Savings Are ‘‘(d) ESTABLISHMENT OF SITE ON THE VICTORY FOR AMERICA Vital to Everyone’s Retirement Act of 1997’’. INTERNET.—The Secretary shall establish a (Mr. THUNE asked and was given SEC. 2. FINDINGS AND PURPOSE. permanent site on the Internet concerning permission to address the House for 1 (a) FINDINGS.—The Congress finds as fol- retirement income savings. The site shall minute.) lows: contain at least the following information: Mr. THUNE. Mr. Speaker, why do I (1) The impending retirement of the baby ‘‘(1) a means for individuals to calculate boom generation will severely strain our al- their estimated retirement savings needs, consider this balanced budget agree- ready overburdened entitlement system, ne- based on their retirement income goal as a ment to be a major victory for Amer- cessitating increased reliance on pension and percentage of their preretirement income; ica? Because it balances the Federal other personal savings. ‘‘(2) a description in simple terms of the budget by the year 2002, because the (2) Studies have found that less than a common types of retirement income savings Federal budget deficit will decline each third of Americans have even tried to cal- arrangements available to both individuals year beginning in 1998, because it saves culate how much they will need to have and employers (specifically including small Medicare from bankruptcy until the saved by retirement, and that less than 20 employers), including information on the year 2007, because it allows families to percent are very confident they will have amount of money that can be placed into a enough money to live comfortably through- given vehicle, the tax treatment of the keep more of their own money, because out their retirement. money, the amount of accumulation possible it contains permanent tax relief for (3) A leading obstacle to expanding retire- through different typical investment options American families, and because it sets ment savings is the simple fact that far too and interest rate projections, and a directory a new standard in Washington: Deficit many Americans—particularly the young— of resources of more descriptive information; spending is no longer acceptable. are either unaware of, or without the knowl- ‘‘(3) materials explaining to employers in This bipartisan balanced budget edge and resources necessary to take advan- simple terms how to establish and maintain agreement is a first step toward fiscal tage of, the extensive benefits offered by our different retirement savings arrangements sanity in this town. It is a first step to- retirement savings system. for their workers and what the basic legal re- (b) PURPOSE.—It is the purpose of this quirements are under this Act and the Inter- ward smaller government, lower taxes Act— nal Revenue Code of 1986; and greater accountability in Washing- (1) to advance the public’s knowledge and ‘‘(4) copies of all educational materials de- ton. understanding of retirement savings and its veloped by the Department of Labor, and by Balancing the budget will mean that critical importance to the future well-being other Federal agencies in consultation with many more American families will of American workers and their families; such Department, to promote retirement in- prosper and more young Americans can (2) to provide for a periodic, bipartisan na- come savings by workers and employers; and realize their dreams of getting ahead tional retirement savings summit in con- ‘‘(5) links to other sites maintained on the and building for a better future. That junction with the White House to elevate the Internet by governmental agencies and non- issue of savings to national prominence; and profit organizations that provide additional is a victory no matter how we score it. (3) to initiate the development of a broad- detail on retirement income savings arrange- f based, public education program to encour- ments and related topics on savings or in- AUTHORIZING SPEAKER TO EN- age and enhance individual commitment to a vesting. personal retirement savings strategy. ‘‘(e) COORDINATION.—The Secretary shall TERTAIN MOTION TO SUSPEND SEC. 3. OUTREACH BY THE DEPARTMENT OF coordinate the outreach program under this RULES ON THURSDAY, MAY 22, LABOR. section with similar efforts undertaken by 1997 (a) IN GENERAL.—Part 5 of subtitle B of other public and private entities.’’. Mr. KOLBE. Mr. Speaker, I ask unan- title I of the Employee Retirement Income (b) CONFORMING AMENDMENT.—The table of imous consent that on Thursday, May Security Act of 1974 (29 U.S.C. 1131 et seq.) is contents in section 1 of such Act is amended amended by adding at the end the following by inserting after the item relating to sec- 22, 1997, the Speaker be authorized to new section: tion 514 the following new items: entertain a motion to suspend the rules ‘‘OUTREACH TO PROMOTE RETIREMENT INCOME ‘‘Sec. 515. Delinquent contributions. and pass H.R. 956, the Drug-Free Com- SAVINGS ‘‘Sec. 516. Outreach to promote retirement munity Act. income savings.’’. ‘‘SEC. 516. (a) IN GENERAL.—The Secretary The SPEAKER pro tempore. Is there shall maintain an ongoing program of out- SEC. 4. NATIONAL SUMMIT ON RETIREMENT SAV- INGS. objection to the request of the gen- reach to the public designed to effectively (a) IN GENERAL.—Part 5 of subtitle B of tleman from Arizona? promote retirement income savings by the title I of the Employee Retirement Income public. There was no objection. Security Act of 1974 (as amended by section ‘‘(b) METHODS.—The Secretary shall carry f 3 of this Act) is amended further by adding out the requirements of subsection (a) by at the end the following new section: ANNOUNCEMENT BY THE SPEAKER means which shall ensure effective commu- PRO TEMPORE nication to the public, including publication ‘‘NATIONAL SUMMIT ON RETIREMENT SAVINGS of public service announcements, public ‘‘SEC. 517. (a) AUTHORITY TO CALL SUM- The SPEAKER pro tempore. Pursu- meetings, creation of educational materials, MIT.—Not later than June 1, 1998, the Presi- ant to the provisions of clause 5 of rule and establishment of a site on the Internet. dent shall convene a National Summit on I, the Chair announces that he will ‘‘(c) INFORMATION TO BE DISSEMINATED.— Retirement Income Savings at the White postpone further proceedings today on The information to be disseminated by the House, to be co-hosted by the President and each motion to suspend the rules on Secretary as part of the program of outreach the Speaker and the Minority Leader of the which a recorded vote or the yeas and required under subsection (a) shall include House of Representatives and the Majority nays are ordered, or on which the vote the following: Leader and Minority Leader of the Senate. is objected to under clause 4 of rule ‘‘(1) a description of the vehicles currently Such a National Summit shall be convened available to individuals and employers for thereafter in 2001 and 2005 on or after Sep- XV. creating and maintaining retirement income tember 1 of each year involved. Such a Na- Such rollcall votes, if postponed, will savings, specifically including information tional Summit shall— be taken later in the day. explaining to employers, in simple terms, ‘‘(1) advance the public’s knowledge and f how to establish each of the different retire- understanding of retirement savings and its ment savings vehicles for their workers, and critical importance to the future well-being SAVINGS ARE VITAL TO EVERY- ‘‘(2) information regarding matters rel- of American workers and their families; ONE’S RETIREMENT ACT OF 1997 evant to establishing retirement income sav- ‘‘(2) facilitate the development of a broad- Mr. FAWELL. Mr. Speaker, I move to ings, such as— based, public education program to encour- suspend the rules and pass the bill ‘‘(A) the forms of retirement income sav- age and enhance individual commitment to a ings, personal retirement savings strategy; (H.R. 1377) to amend title I of the Em- ‘‘(B) the concept of compound interest, ‘‘(3) develop recommendations for addi- ployee Retirement Income Security ‘‘(C) the importance of commencing sav- tional research, reforms in public policy, and Act of 1974 to encourage retirement in- ings early in life, actions in the field of retirement income come savings, as amended. ‘‘(D) savings principles, savings; and May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3083 ‘‘(4) disseminate the report of, and infor- ‘‘(D) representatives of private sector insti- and others involved in retirement income mation obtained by, the National Summit tutions, including individual employers, con- savings and provides a strong basis for as- and exhibit materials and works of the Na- cerned about promoting the issue of retire- sistance to be provided under paragraph tional Summit. ment savings and facilitating savings among (1)(B); ‘‘(b) PLANNING AND DIRECTION.—The Na- American workers; and ‘‘(B) the agenda prepared under paragraph tional Summit shall be planned and con- ‘‘(E) representatives of the general public. (1)(C) for the National Summit is published ducted under the direction of the Secretary, ‘‘(2) STATUTORILY REQUIRED PARTICIPA- in the Federal Register; and in consultation with, and with the assistance TION.—The participants in the National Sum- ‘‘(C) the personnel appointed under para- of, the heads of such other Federal depart- mit shall include the following individuals or graph (1)(E) shall be fairly balanced in terms ments and agencies as the President may their designees: of points of views represented and shall be designate. Such assistance may include the ‘‘(A) the Speaker and the Minority Leader appointed without regard to political affili- assignment of personnel. The Secretary of the House of Representatives; ation or previous partisan activities. shall, in planning and conducting the Na- ‘‘(B) the Majority Leader and the Minority ‘‘(g) REPORT.—The Secretary shall prepare tional Summit, consult with the congres- Leader of the Senate; a report describing the activities of the Na- sional leaders specified in subsection (e)(2). ‘‘(C) the Chairman and ranking Member of tional Summit and shall submit the report The Secretary shall also, in carrying out the the Committee on Education and the to the President, the Speaker and Minority Secretary’s duties under this subsection, Workforce of the House of Representatives; Leader of the House of Representatives, the consult and coordinate with at least one or- ‘‘(D) the Chairman and ranking Member of Majority and Minority Leaders of the Sen- ganization made up of private sector busi- the Committee on Labor and Human Re- ate, and the chief executive officers of the nesses and associations partnered with Gov- sources of the Senate; States not later than 90 days after the date ernment entities to promote long-term fi- ‘‘(E) the Chairman and ranking Member of on which the National Summit is adjourned. nancial security in retirement through sav- the Special Committee on Aging of the Sen- ‘‘(h) DEFINITION.—For purposes of this sec- ings (including for 1998, and thereafter as the ate; and tion, the term ‘State’ means a State, the Secretary may deem appropriate, the Amer- ‘‘(F) the parties referred to in subsection District of Columbia, the Commonwealth of ican Savings Education Council). (b). Puerto Rico, the Commonwealth of the ‘‘(c) PURPOSE OF NATIONAL SUMMIT.—The ‘‘(3) ADDITIONAL PARTICIPANTS.—There Northern Mariana Islands, Guam, the Virgin purpose of the National Summit shall be— shall be not more than 400 additional partici- Islands, American Samoa, and any other ter- ‘‘(1) to increase the public awareness of the pants. Of such additional participants— ritory or possession of the United States. value of personal savings for retirement; ‘‘(A) one-fourth shall be appointed by the ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) to advance the public’s knowledge and Speaker of the House of Representatives; ‘‘(1) IN GENERAL.—There is authorized to be understanding of retirement savings and its ‘‘(B) one-fourth shall be appointed by the appropriated for fiscal years beginning on or critical importance to the future well-being Minority Leader of the House of Representa- after October 1, 1997, such sums as are nec- of American workers and their families; tives; essary to carry out this section. ‘‘(3) to facilitate the development of a ‘‘(C) one-fourth shall be appointed by the ‘‘(2) RELIANCE ON PRIVATE CONTRIBUTIONS.— broad-based, public education program to en- Majority Leader of the Senate; and The Secretary may accept private contribu- courage and enhance individual commitment ‘‘(D) one-fourth shall be appointed by the tions, in the form of money, supplies, or to a personal retirement savings strategy; Minority Leader of the Senate. services, to defray the costs of the National ‘‘(4) to identify the problems which hinder Summit. The Secretary shall ensure, to the workers from setting aside adequate savings Such remaining participants shall be se- lected without regard to political affiliation extent practicable, that at least one-half of for retirement; the funds available to the Secretary for each ‘‘(5) to identify the barriers which impede or past partisan activity and shall be rep- resentative of the diversity of thought in the fiscal year to carry out the provisions of this employers, especially small employers, from section consist of such private contributions. assisting workers in accumulating retire- fields of employee benefits and retirement ‘‘(j) CONTRACTS.—The Secretary may enter ment savings; income savings. ‘‘(4) PRESIDING OFFICERS.—The National into contracts to carry out the Secretary’s ‘‘(6) to examine the impact and effective- responsibilities under this section, but only ness of individual employers to promote per- Summit shall be presided over equally by representatives of the executive and legisla- to the extent, or in such amounts, as are pro- sonal savings for retirement among their vided in advance in appropriations Acts.’’. workers and to promote participation in tive branches. (b) CONFORMING AMENDMENT.—The table of company savings options; ‘‘(f) NATIONAL SUMMIT ADMINISTRATION.— ‘‘(1) ADMINISTRATION.—In administering contents in section 1 of such Act (as amend- ‘‘(7) to examine the impact and effective- ed by section 3 of this Act) is amended fur- ness of government programs at the Federal, this section, the Secretary shall— ‘‘(A) request the cooperation and assist- ther by inserting after the item relating to State, and local levels to promote retire- section 516 the following new item: ment income savings; ance of such other Federal departments and ‘‘(8) to develop such specific and com- agencies and other parties referred to in sub- ‘‘Sec. 517. National Summit on Retirement prehensive recommendations for the legisla- section (b) as may be appropriate in the car- Savings.’’. tive and executive branches of the Govern- rying out of this section; (c) AUTHORIZATION OF APPROPRIATIONS FOR ment and for private sector action as may be ‘‘(B) furnish all reasonable assistance, in- FISCAL YEAR 1998.—Notwithstanding sub- appropriate for promoting retirement in- cluding financial assistance, to State agen- section (i) of section 517 of the Employee Re- come savings among American workers; and cies, area agencies, and other appropriate or- tirement Income Security Act of 1974 (added ‘‘(9) to develop recommendations for the ganizations to enable them to organize and by this section), the amount authorized to be coordination of Federal, State, and local conduct conferences in conjunction with the appropriated for fiscal year 1998 to carry out policies among the Federal, State, and local National Summit; such section is an amount equal to $1,000,000. levels of government and for the coordina- ‘‘(C) make available for public comment a The SPEAKER pro tempore. Pursu- tion of such policies (including any solutions proposed agenda for the National Summit ant to the rule, the gentleman from Il- that reflects to the greatest extent possible for Federal, State, and local needs devised at linois [Mr. FAWELL] and the gentleman the Federal, State, and local levels) with the the purposes for the National Summit set out in this section; from New Jersey [Mr. PAYNE] each will efforts of the private sector to meet such control 20 minutes. needs, and to identify the appropriate au- ‘‘(D) prepare and make available back- thority and entities to implement such rec- ground materials for the use of participants The Chair recognizes the gentleman ommendations. in the National Summit that the Secretary from Illinois [Mr. FAWELL]. ‘‘(d) SCOPE OF NATIONAL SUMMIT.—The considers necessary; and Mr. FAWELL. Mr. Speaker, I yield scope of the National Summit shall consist ‘‘(E) appoint and fix the pay of such addi- myself 5 minutes. of issues relating to individual and em- tional personnel as may be necessary to (Mr. FAWELL asked and was given ployer-based retirement savings and shall carry out the provisions of this section with- permission to revise and extend his re- out regard to provisions of title 5, United not include issues relating to the old-age, marks.) survivors, and disability insurance program States Code, governing appointments in the under title II of the Social Security Act. competitive service, and without regard to Mr. FAWELL. Mr. Speaker, I am ‘‘(e) NATIONAL SUMMIT PARTICIPANTS.— chapter 51 and subchapter III of chapter 53 of very pleased to join with my colleague, ‘‘(1) IN GENERAL.—To carry out the pur- such title relating to classification and Gen- the gentleman from New Jersey [Mr. poses of the National Summit, the National eral Schedule pay rates. PAYNE], the ranking Democrat on the Summit shall bring together— ‘‘(2) DUTIES.—The Secretary shall, in car- Subcommittee on Employer-Employee ‘‘(A) professionals and other individuals rying out the responsibilities and functions Relations, as well as many other working in the fields of employee benefits of the Secretary under this section, and as Democrats and Republicans from and retirement savings; part of the National Summit, ensure that— ‘‘(B) Members of Congress and officials in ‘‘(A) the National Summit shall be con- across the political spectrum in spon- the executive branch; ducted in a manner that ensures broad par- soring the SAVER Act. ‘‘(C) representatives of State and local gov- ticipation of Federal, State, and local agen- H.R. 1377 represents bipartisan legis- ernments; cies and private organizations, professionals, lation addressing a critical national H3084 CONGRESSIONAL RECORD — HOUSE May 21, 1997 problem, the lack of individual retire- terials, and, fourth, establishment of a While we have worked closely with ment savings. I am also pleased to say site on the Internet. The information the administration to make gains in the SAVER Act has been introduced on will include a means for individuals to strengthening protection for plan par- the other side of the Hill by Senators calculate their estimated retirement ticipants in the last 4 years, we still CHARLES GRASSLEY and JOHN BREAUX, savings needs, a plain English descrip- have miles to go in assuring retirement the chairman and ranking member of tion of the common types of retirement security for the American worker. Half the Special Committee on Aging. savings arrangements currently avail- of all older Americans have incomes of In addition, the SAVER Act is en- able to both individuals and employers, less than $11,300. This is because their dorsed by a diverse group of organiza- and an explanation for employers in incomes are drawn primarily from So- tions including the U.S. Chamber of simple terms of how to establish dif- cial Security, which, on an average, Commerce, the Association of Private ferent retirement savings arrange- pays $8,460 to retired workers. That is Pension and Welfare Plans, the Finan- ments for their workers. less than today’s minimum wage. Very cial Executives Institute, the National The SAVER Act also convenes a na- little of their income comes from indi- Association of Manufacturers, the tional summit on retirement savings at vidual savings. American Association of Retired Per- the White House, cohosted by the exec- A very alarming picture painted by sons, the American Council of Life In- utive and the legislative branches to be statistics is that many of the people we surance, the Profit Sharing 401(k) held by June 1, 1998, and then again in need to reach out for are women and Council of America, the Investment the years 2001 and 2005. The national minorities. As my colleagues know, Company Institute, and the Society for summit would advance the public’s there is a direct correlation between Human Resources Management. knowledge and understanding of retire- pension adequacy and the wages that America faces a ticking demographic ment savings and facilitate the devel- workers receive. This is because many time bomb that requires increased re- opment of a broad-based public edu- employers base their pension benefits tirement savings. The Savings Are cation program. It would develop spe- on workers’ wages. This is true with re- Vital to Everyone’s Retirement Act, or cific recommendations for legislative spect to the defined contributions and the SAVER Act, as we refer to it, is a and executive and private sector ac- defined benefit plans, including 401(k) first step in defusing that retirement tions to promote retirement savings plans. A very disturbing image forms when time bomb. The SAVER Act initiates a among American workers. we begin to think about the retirement broad-based educational program to The national summit would bring to- security of low-wage workers, particu- educate America’s employers, workers, gether experts in the fields of employee larly women and minorities. Many of and the public in general about retire- benefits and retirement savings. Key these workers will never receive a pen- ment savings and convenes a national leaders of Government and interested sion. We know that less than half of all summit on retirement savings. parties from the private sector and working women are covered by a pen- Through this bill, we facilitate a general public; the delegates would be sion. Those who are fortunate enough broad-based public-private partnership selected equally by the majority and to be covered by a plan can expect to to educate the public on the serious minority leaders of the two Houses of receive lower benefits in retirement be- and underreported national problem. Congress and would represent the di- cause their wages were lower while Workers need to know the importance versity of thought in the field without of saving for the future and of saving they were working. regard to any political affiliation. The A recent study noted an alarming as early in life as possible. national summit would receive sub- As a survey released this year by the trend in private pension coverage stantial funding from private sector among African-Americans and Latino- Employee Benefit Research Institute contributions. reveals, there is much work to do. Less Americans. This study suggests that I hope, therefore, that the SAVER many minority workers will become than a third of Americans have even Act can be a very important first step tried to calculate how much they need strictly dependent on Social Security in a truly bipartisan effort to reverse and have a shrinking chance to enjoy a to have saved by retirement. Further- the long course of neglect on this vital financially comfortable retirement. more, less than 20 percent are very con- issue and help American workers bet- Moreover, the report shows that the fident that they will have enough ter prepare for a comfortable and se- percentage of blacks covered by private money to live comfortably through cure retirement. I urge my colleagues pensions of all types plummeted from their retirement. The lack of adequate to vote for passage of the SAVER Act 45.1 percent in 1979 to 33.8 percent in retirement savings will only become a and to vote to help to refuse the retire- 1993, while coverage of Latinos fell more pressing problem as the baby ment time bomb to which I made ref- from 37.7 to 24.6 percent during the boomers begin to retire in about a dec- erence. same period. ade. Far too few Americans, particu- Again, I thank the gentleman from I am hopeful that the SAVER Act larly the young, have either the knowl- New Jersey [Mr. PAYNE] for his leader- will be successful in reaching these edge or the resources necessary to take ship and his patient guidance of this workers. Many of them live in my dis- advantage of the extensive benefits of- legislation because without him, we trict, but they just do not live in my fered by our retirement savings - would not be here today. district, they live in all our home- tem. The virtue of saving appears to Mr. Speaker, I reserve the balance of towns. They may be our friends or have escaped most Americans while the my time. members of our families. Millions of ‘‘just charge it’’ mentality is thriving, Mr. PAYNE. Mr. Speaker, I yield my- people will not have any significant re- according to the research group, Public self such time as I may consume. tirement income beyond Social Secu- Action. Mr. Speaker, I think the SAVER Act rity, which makes the Federal program The same EBRI study, that is the will provide a big first step toward even more critical, especially at a time Employee Benefit Research Institute, greater awareness about retirement se- when its fiscal future is under tremen- found that, while only a quarter of curity for all Americans. I want to dous scrutiny. workers expressed confidence in their commend the gentleman from Illinois With the baby boom generation on ability to map out a retirement savings [Mr. FAWELL] for his efforts to bring the eve of retirement, this statistical strategy, an encouraging 50 percent attention to this very important issue snapshot of the next generation of re- said that they would stick to a plan if that affects millions of Americans. The tirees is fueling the current debate they had one. We have to find ways to retirement clock is running out for about Social Security. I believe the get the information and skills out to millions of Americans and their fami- provisions in the SAVER Act will pro- workers to harness this latent energy. lies. After a lifetime of hard work and vide more opportunities to better edu- The SAVER Act directs the Depart- contributing to and building our soci- cate and prepare Americans in their re- ment of Labor to maintain an ongoing ety, millions of older Americans have tirement. Today, Mr. Speaker, I hope program of education and outreach to retired and are not prepared for it. that this is the beginning of developing the public through, first, public service real solutions that affect real people. b announcements, second, public meet- 1100 Mr. Speaker, I reserve the balance of ings, third, creation of educational ma- They cannot afford to pay their bills. my time. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3085 Mr. FAWELL. Mr. Speaker, I yield 2 with people’s situations in dealing with Between 1951 and 1980, the United minutes to the gentleman from Penn- pensions. H.R. 1130, the Retirement Se- States’ national savings rates was fair- sylvania [Mr. GOODLING], the chairman curity Act, already has 108 sponsors. ly stable, ranging from 7 to 10 percent. of the Committee on Education and the We know what the problems are in However, since the 1980’s, the rate of Workforce. pensions. Women particularly, because savings in the United States has Mr. GOODLING. Mr. Speaker, I they leave for childbearing reasons and dropped to a low of 3 percent. This thank the gentleman for yielding me others, often sever their work in a way number reflects the decline in personal this time and I want to congratulate that precludes them from getting a family savings, which includes pension the gentleman from Illinois [Mr. FA- pension. accumulations, business savings, and WELL], and the gentleman from New We need to make vesting take less also in the level of savings of the Fed- Jersey [Mr. PAYNE], for bringing this time. We have to figure out and put eral Government. The simple truth is, legislation before us today. forth proposals that will get the major- as Americans, we are just not saving We are here to address in a bipartisan ity of this Congress, because we know enough for our retirement. fashion the real demographic time how to do it, we just need to find a ma- Based on the current economic and bomb that faces the American work jority. The majority in this Congress demographic trends facing Social Secu- force. Workers are not saving ade- are Republicans, and we need them to rity, it is unlikely that that program quately for their retirement, and this step forward to help us with legislation can be sustained in its present form problem will only become more pro- that will guarantee that women will without modifying either the benefits found as the baby boom generation have an equal shot at pensions, and or the contributions. Growth in the el- continues to age. poor working people as well will have derly population in the United States, It does not take a mathematician to an equal shot at pensions; that cor- already very rapid because of increas- recognize that in the future retiring porations cannot raid the funds and ing life expectancy and declining fertil- Americans will have to rely less on So- leave the pensions underfunded in the ity rates, will accelerate when the baby cial Security and more on pensions and final days of people’s lives. boom generation reaches retirement other personal saving. Diffusing the re- When we have the wealthiest country age in 2010. tirement time bomb requires imme- in the world, with 51 million people Social Security has been a very suc- diate action. Educating American without pensions, it is clear we are not cessful program over the years, but it workers in this is the critical first doing enough. Now, we have done some provides few Americans with adequate step. things through the years. We have pre- retirement income, and it is likely to The Savings Are Vital to Everyone’s vented some movement of assets. We play an even more limited role in the Retirement Act of 1997, the SAVER have done some other things. But there retirement picture in the future. Act, is that first step. The SAVER Act is a lot more to do here. According to the Department of Women in particular are disadvan- initiates projects to educate American Labor, the average worker will need taged by this present system. In the workers about retirement savings and about 70 percent of his preretirement next generation it will work less well convenes a national summit on retire- income to maintain his standard of liv- than our generation. Our parents held ment savings. ing after retirement, but Social Secu- one job in a lifetime; most of us will I am pleased to join with my col- rity will not provide that level of re- have three or four; the next generation leagues from across the aisle, both in tirement income. Social Security pays could have as many as eight. It will be this body and in the Senate, to support the average worker only about 40 per- impossible for people to vest in pension this important initiative. Far too few cent of preretirement income and only systems. workers, especially the young, under- This Congress needs to do more than about 27 percent for workers that earn stand the importance of saving for re- just get information out; it needs to over $60,000 or more. tirement. change the laws to make it easier for Over 2 years ago I became concerned And others of us understand how con- corporations to set up 401(k)’s and about this and I became involved, in an fusing it can be to end at 3 a.m. and other kinds of retirement benefits. It effort to address the long-term viabil- begin immediately thereafter. needs to move forward to change the ity of the Social Security program, by Many small businesses are confused vesting period so that people, particu- forming the house public pension re- as to how to set up some of the new re- larly women, can vest in their pen- form caucus. The caucus has begun to tirement saving vehicles created by sions. We have to move forward and explore reform options to address the Congress or do they know how to go make sure that people can keep their many economic and demographic prob- about encouraging their workers to pensions even if they work only several lems of the Social Security Program. It take advantage of them. years at a job. is the goal of the caucus to ensure that The SAVER Act creates a statutory Those are the things we ought to be future generations, including those of mandate for the Department of Labor doing and can do if we get some sup- our children and grandchildren, are not to help inform American workers about port from the Republican side of the strapped with a bankrupt system prior retirement savings to give them the aisle. to their retirement. tools they need to take advantage of Mr. FAWELL. Mr. Speaker, I yield 3 We must encourage Americans to the many existing benefits of our re- minutes to the gentleman from Ari- supplement their Social Security in- tirement system. zona, [Mr. KOLBE]. come with pension plans and personal The SAVER Act also hopes to focus Mr. KOLBE. Mr. Speaker, I thank the savings. These investments will help greater public awareness on the lack of gentleman for yielding me this time, individuals plan for a more com- retirement savings by convening a na- and I rise in support of H.R. 1377, the fortable retirement. In order to encour- tional summit at the White House. The Savings Are Vital to Everyone’s Re- age individuals to increase their sav- summit would be a bipartisan under- tirement, known as the SAVER Act. ings and take greater responsibility for taking of both the executive and legis- I applaud the work of my colleagues their futures, workers must be edu- lative branches, bringing together em- of the Subcommittee on Employer-Em- cated about the various retirement ployee benefit experts throughout the ployee Relations, the gentleman from savings choices and investment strate- country. Illinois, Chairman FAWELL, and the gies regarding their retirement future, Mr. PAYNE. Mr. Speaker, I yield 2 gentleman from New Jersey, Mr. and that is why I stand here in support minutes to the gentleman from Con- PAYNE, the ranking member. of H.R. 1377, the SAVER Act. necticut, [Mr. GEJDENSON]. With this critical piece of legislation This legislation initiates a number of Mr. GEJDENSON. Mr. Speaker, I we have taken the first step in provid- projects to help educate American want to commend the sponsors of the ing the American people with the infor- workers about retirement savings op- bill. It is an important step, but we mation they need to have to prepare tions. It creates a national summit on could do a lot more. for their retirement years. There is a retirement savings in conjunction with There are a number of pieces of legis- critical need to look at the low level of the White House and the private sec- lation that are in the hopper at the retirement savings in the United tor. The summit will convene on three moment that could take action to deal States today. The story is dramatic. occasions, in 1998, 2001, and 2005. H3086 CONGRESSIONAL RECORD — HOUSE May 21, 1997 The SAVER Act also directs the De- b 1115 of all private sector workers do not partment of Labor to maintain an on- Highlighting this national problem is have access to a retirement plan at going program of education and out- one of the best things this Congress work, and so they miss out on these reach to help workers understand these can do. Enact the SAVER Act now. The educational efforts. options and prepare wisely for their re- retirement time bomb is ticking. The SAVER Act addresses this need tirement. Mr. PAYNE. Mr. Speaker, I yield as by involving the Government in a Mr. Speaker, I urge my colleagues to much time as he may consume to the broad public-private partnership to support this valuable education effort gentleman from North Dakota [Mr. educate American workers about re- and vote ‘‘yes’’ for H.R. 1377. POMEROY]. tirement savings. Specifically, the act Mr. FAWELL. Mr. Speaker, may I in- Mr. POMEROY. Mr. Speaker, I thank directs the Department of Labor to quire as to how much time remains on the gentleman from New Jersey [Mr. maintain an ongoing program of out- this side? PAYNE] for yielding. reach and education about retirement The SPEAKER pro tempore (Mr. Mr. Speaker, I am very proud to rise planning. It convenes a series of na- COBLE). The gentleman from Illinois as an original cosponsor of H.R. 1377, tional summits on retirement savings [Mr. FAWELL] has 10 minutes remaining the SAVER Act, and to join with my at the White House over the next dec- and the gentleman from New Jersey colleagues from both sides of the aisle ade. These focused and high-profile ef- [Mr. PAYNE] has 14 minutes remaining. in urging the House to pass this impor- forts will help get the message about Mr. FAWELL. Mr. Speaker, I yield 2 tant legislation. the importance of savings to every minutes to the gentleman from Dela- I want to commend specifically the American so that retirement informa- ware [Mr. CASTLE]. gentleman from Illinois, Chairman FA- tion no longer depends on the good for- Mr. CASTLE. Mr. Speaker, I thank WELL, and the gentleman from New tune of having a pension plan at work. the gentleman for yielding me this Jersey, ranking member PAYNE, for Today, with our retirement system time. I rise today in strong support of their attention to the critical issue of undergoing profound change, education H.R. 1377, the Savings Are Vital to Ev- retirement security and for their dedi- is more important than ever before. eryone’s Retirement Act. cation to crafting bipartisan solutions For the first time, many Americans are I also want to thank the gentleman now relying on defined-contribution from Illinois, [Mr. FAWELL], and the that will advance the goal of economic security in retirement for all Ameri- plans such as 401(k)’s rather than the gentleman from New Jersey, [Mr. traditional defined-benefit pension PAYNE], for providing leadership on cans. Mr. Speaker, statistics demonstrate plans for their retirement security. such an important issue for the House While 401(k)’s are quite popular with to consider and for forwarding this that our Nation faces an impending cri- sis when it comes to retirement sav- employers and employees alike and timely piece of bipartisan legislation offer some undeniable advantages, they that I am pleased to be an original co- ings. From World War II until 1980, per- sonal savings rates as a percent of dis- also involve a substantial shift of re- sponsor of. tirement risk from the employer to the Unfortunately, too many retired posable income in this country aver- aged nearly 8 percent. Yet, in recent worker. Employees must decide what Americans today have misjudged their portion of their income to contribute, retirement savings needs and today’s years, personal savings rates have fall- en dramatically, now averaging barely how to invest their contributions, youth are following in their footsteps whether to take loans or withdrawals 4 percent, half of what it was earlier. as well. These problems pose a signifi- from their accounts, and how to use People are simply not saving what they cant risk to the future well-being of their 401(k) savings wisely over the will need to have a financially secure millions of soon to be retirees as well course of their retirement. All this retirement. as the countless who will adds up to more risk on the shoulders retire after the turn of the century. Indeed, one-third of those close to re- tirement age have savings of less than of individual workers, who may or may Just as the long-term solvency of So- not be ready to accept this additional cial Security remains a vitally impor- $10,000. One in six new Social Security recipients has no retirement savings risk. tant issue that must be addressed by And the risk for those without retire- whatsoever. The problem is particu- Congress very soon, so too must we ment plans at the workplace, who must larly acute for modest-income workers. also address the looming crisis in pri- save for retirement all on their own, vate retirement savings by reaching Among the millions in this country are even greater. The education about out to all Americans and informing with incomes of less than $25,000 a retirement planning and savings au- them of this enormous problem. If we year, fully 42 percent report no retire- thorized by the SAVER Act will help fail to do so, the impending retirement ment savings. And in the baby-boom individuals manage their new-found re- of the baby boomers will severely generation which is rapidly approach- tirement responsibility. strain our already overburdened enti- ing the retirement period, only one in Mr. Speaker, it is my hope that the tlement system, necessitating in- three baby-boomers is on track in their SAVER Act represents a first step in creased reliance on pension and other savings for a financially secure retire- what will be an ongoing series of bipar- personal savings. The SAVER Act ment. tisan efforts to enhance retirement se- would do just that. Mr. Speaker, by focusing on edu- cured by expanding pension coverage, Studies have shown that less than a cation, the SAVER Act takes an im- increasing pension participation, and third of all Americans have even tried portant step in turning this retirement boosting permanent savings rates. to calculate how much they will need crisis around. A key ingredient in While education is critical, it is not to have saved by retirement, and that achieving a secure retirement is the where-all and end-all at getting at less than 20 percent are very confident knowledge, knowing what savings op- this problem; it must be paired with ef- that they will have enough money to portunities are out there, knowing how forts to get more workers covered by live comfortably throughout their re- compound interest can work for you, retirement plans and the development tirement. By passing this legislation, knowing how to plan for retirement of a comprehensive national strategy we can help advance the public’s throughout one’s career, and knowing for achieving retirement security. knowledge and understanding of retire- some basic investment strategies. Along these lines, I am pleased to ment savings and its critical impor- Too many people simply lack this in- have joined with my good friends, the tance to the future well-being of Amer- formation, and we must step up the gentleman from Illinois, Chairman ican workers, and provide for a periodic education efforts so that all Americans FAWELL, and the gentlewoman from bipartisan national retirement savings will have the tools to plan and save for Connecticut, Mrs. NANCY JOHNSON, in summit, in conjunction with the White their own retirement. Retirement edu- introducing legislation that spurs pen- House, to elevate the issue of savings cation efforts in the workplace have sion coverage of small business em- to national prominence, and initiate proven enormously effective in getting ployees and cuts pension redtape for the development of a broad-based pub- employees to participate in their 401(k) small business. lic education program to encourage and pension plans and in providing Just this past Friday, we introduced and enhance individual commitment to them with basic information about re- H.R. 1656, the Secure Assets for Em- a personal retirement savings strategy. tirement savings. Yet, more than half ployees Plan Act of 1997, also known as May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3087 SAFE Act. This will allow small busi- not easy. It takes discipline; it takes ple from both sides of the aisle and nesses to offer simplified defined-bene- foresight. Too often we put off until to- brings also the private sector into fit pension plans. SAFE plans will pro- morrow what we should do today. I be- being here. vide all small business employees with lieve Congress has an opportunity to For instance, it would bring into ac- a secure, fully portable retirement ben- play a major role in educating the pub- tion the American Savings Education efit without choking small business lic about retirement preparation, and Council, which is a partnership of over with complex rules and regulations that is why I am in strong support of 200 private and public sector institu- they simply cannot afford. the SAVER Act, the so-called Savings tions, including organizations like Unfortunately, only 24 percent of Are Vital to Everyone’s Retirement IBM, , the Employee small business employees today have Act. Benefit Research Institute, many, access to a retirement plan at work. Mr. Speaker, there are several things many entities, and all in a nonpartisan We have got to do better than that. I we know about the current status in atmosphere. So that I think, especially look forward to working with Chair- America. We know that the average re- in a White House summit, that would man FAWELLto advance the SAFE Act tiree can no longer rely upon Social Se- be part and parcel of this legislation. so that more small businesses can offer curity benefits as their sole means of We would be able to address ourselves pension benefits to their workers. retirement income. We also know perhaps more objectively and more dis- Mr. Speaker, today I am introducing workers are not taking advantage of passionately to some of the substantive another piece of legislation which I be- savings opportunities available issues which are before us here in Con- lieve will help advance our Nation’s re- through 401(k) plans, IRA’s, and the gress which would perhaps otherwise tirement policy. This bill, the Retire- rest. we may not be able to do. ment Savings Commission Act of 1997, Again, education and outreach are I would be the first to admit that will create a specific national commis- both vital. The SAVER Act begins the there are important substantive issues. sion to examine the scope of the retire- process that will highlight on a na- And I so very much appreciate my col- ment savings crisis and recommended tional level the importance of educat- league from New Jersey [Mr. PAYNE] policies to help improve the economic ing individuals about retirement sav- and the tremendous help that he has security of retirement workers. The ings. First, as has been pointed out by extended to me in regard to this area of Retirement Savings Commission will the chairman and others, it directs the deep interest. be the only Federal panel solely Department of Labor to maintain an Mr. Speaker, that is all that I do charged with exploring pension and ongoing program of education and out- have to say. I am not sure if my col- savings issues that will help us develop reach. Second, the SAVER Act con- league on the other side of the aisle, the comprehensive national strategy venes a national summit on retirement [Mr. PAYNE] has any further comments on retirement savings that we have so savings. to make. sorely lacked in the past. Mr. Speaker, I believe it is time that Mr. PAYNE. Mr. Speaker, I yield my- We have had Social Security commis- we begin to recognize that there are self such time as I may consume. sions, we have had Medicare commis- Federal barriers to retirement. Call Mr. Speaker, I would just like to con- sions, but we never looked in a dedi- them disincentives if you will. But in- clude by once again thanking the gen- cated way at the variety of private sav- vesting is complex enough without add- tleman from Illinois [Mr. FAWELL] for ings opportunities and assessed wheth- ing the many Federal barriers. By iden- the cooperative spirit that we have on er or not we have a coherent national tifying those barriers, we in Congress this very important bill. It seems like strategy for private retirement sav- can begin to develop a system that is the theme is bipartisanship, and it ings. investor friendly and not investor pro- shows that progress is being made. In conclusion, Mr. Speaker, let me hibitive, and Congress must be aware Some of us never felt that that would again congratulate the gentleman from of these so that we can move those dis- be a word uttered by us, but we see Illinois [Mr. FAWELL] and the gen- incentives out of the way. that we are moving in a new direction. tleman from New Jersey [Mr. PAYNE] Last, I am glad to see that Congress I hope it is the right direction. But cer- for their leadership on this issue and is taking a proactive role in educating tainly, we look forward to this legisla- for the excellent bill they have crafted the public about the benefits of retire- tion moving forward. in the SAVER Act. I urge all my House ment planning. The fact is, and I be- Ms. JACKSON-LEE of Texas. Mr. Speaker, colleagues to advance the cause of re- lieve this has already been pointed out, I would like to speak in support of H.R. 1377 tirement education and support this the more a person understands about to encourage greater investment savings to bill, and I look forward to working in the benefits of retirement planning, strengthen the retirement security of our Na- the weeks ahead to see that this meas- the more likely that person will plan tion's working men and women. ure is quickly passed by the Senate and for retirement. And the sooner we There are over 51 million Americans who do signed by the President. begin to educate, the sooner we can de- not have retirement savings. The range of Mr. FAWELL. Mr. Speaker, I yield 3 fuse this retirement time bomb. savings for our citizens in the 1980's was 7 to minutes to the gentleman from Michi- I again thank the gentleman from Il- 10 percent. Today the savings rate on aver- gan [Mr. KNOLLENBERG]. linois, [Mr. FAWELL], and the gen- age is a little over 4 percent. Mr. KNOLLENBERG. Mr. Speaker, I tleman from New Jersey, ranking Social Security with each passing decade is thank the gentleman for yielding me member PAYNE, for their work. becoming more and more a supplement to re- the time. Mr. FAWELL. Mr. Speaker, I have no tirement and not just a sole means of income Mr. Speaker, I want to thank the further colleagues here ready to speak for retirement for those who have sufficient in- gentleman from Illinois [Mr. FAWELL] at this time. I yield myself such time comes to allow for savings. and the gentleman from New Jersey, as I may consume for just a couple of In 1980, the Employment Retirement In- the ranking member, [Mr. PAYNE], for short points. come Security Act allowed 57.9 million people their leadership in recognizing the im- I think the gentleman from Connecti- to participate in private pension programs portance of preparing for retirement. It cut mentioned a salient point in regard sponsored by employers and employees, and is not too often that we see such bipar- to substantive legislation which is by 1992 the number had grown to 81.9 million tisanship on legislation passed out of pending before the Congress, sub- participants. the Committee on Education and the stantive issues. I think it is important The total amount of contributions into pri- Workforce. This was one of those exam- to stress that what we have in this leg- vate pension programs has grown from $66.2 ples. But it is not a partisan issue, it islation certainly is basically a broad- billion in 1980 to $128.8 billion in 1992. affects everyone, whether you are a based education for the country in gen- Although these numbers are encouraging Democrat, a Republican, an Independ- eral so that workers and employers and they are still far from what they should be with ent. the public in general can better com- a total national work force of 124 million ac- There is a common problem that we prehend what the challenges are before cording to the Statistical Abstract of the United have: All of us either live too long or us as we look to those golden years States. The reality for most working Americans we die too soon. And speaking about ahead of us. But also, it brings to- is closer to little or no savings. For most, re- the former, investing for retirement is gether in a very bipartisan fashion peo- tirement income does not enter into their H3088 CONGRESSIONAL RECORD — HOUSE May 21, 1997 minds until the time just before retirement. State, and local taxes. Thus, before the aver- There was no objection. This is far too late to make needed plans to age American even has a chance to consider f enhance retirement income and further secure saving, a substantial portion of his paycheck is RIEGLE-NEAL CLARIFICATION ACT their financial security. stripped from him in order to fund the welfare- OF 1997 I am a strong advocate of any change in our warfare state. Federal tax policy further dis- Nation's savings habits which would further courages savings through the exorbitant Fed- Mrs. ROUKEMA. Mr. Speaker, I move strengthen the retirements of women and mi- eral taxes on capital gains, estates taxes, and to suspend the rules and pass the bill norities. These two groups are disproportion- the double taxation on corporate dividends. (H.R. 1306) to amend the Federal De- ately affected by low savings rates because of Government policy further reduces incen- posit Insurance Act to clarify the ap- a much lower earnings rate on average than tives Americans have available for savings plicability of host State laws to any white males. through the inflationary policies of the Federal branch in such State of an out-of-State If we are to overcome the disparities in the Reserve, which erode the average consumer's bank, as amended. retirement habits of our Nation, we must deal purchasing power. The average consumer The Clerk read as follows: with income levels and the cost of living in dif- must spend an ever-increasing share of his or H.R. 1306 ferent regions around the Nation. her income purchasing necessities, meaning Be it enacted by the Senate and House of Rep- The average annual pay in the city of Hous- they have less income available to devote to resentatives of the United States of America in ton in 1994 was $30,000. A $30,000 a year in- savings. Today, prices are more than 15 times Congress assembled, come in Houston for a family of four would higher, in normal terms, than when the Fed- SECTION 1. SHORT TITLE. allow for little savings. Cost of living from re- eral Reserve was established. This Act may cited as the ‘‘Riegle-Neal gion to region or even within States are not This diminishing purchasing power also cre- Clarification Act of 1997’’. equal and this should be taken into account as ates a disincentive to save. When one's earn- SEC. 2. INTERSTATE BRANCHING. we work to encourage greater savings and re- ings will purchase more today than they will in Subsection 24(j) of the Federal Deposit In- the future, the rational action may very well be surance Act (12 U.S.C. 1831a(j)) is amended to tirement planning. read as follows: I ask my colleagues to support this effort to to spend the funds in the present. After all, ‘‘(j) ACTIVITIES OF BRANCHES OF OUT-OF- encourage greater savings among our Na- who would trade a dollar's worth of goods STATE BANKS.— tion's workers. I would also ask that as other today for 50 cents worth of goods in 20 years? ‘‘(1) APPLICATION OF HOST STATE LAW.—The opportunities arise for use to raise the earn- Clearly, a major reason why the United laws of a host state, including laws regarding ings potential or savings rates of minorities States has a low rate of saving is the crushing community reinvestment, consumer protec- that we act. tax burden imposed on the American people tion, fair lending, and establishment of Mr. PAUL. Mr. Speaker, I rise in opposition by the Government and the erosion of their intrastate branches, shall apply to any to H.R. 1377, the Savings are Vital to Every- purchasing power. Yet, rather than address branch in the host State of an out-of-State State bank to the same extent as such State one's Retirement Act [SAVER]. Although I ap- how Government policy is destroying Ameri- laws apply to a branch in the host State of plaud the good intentions of the sponsors of can's ability to save, Congress is planning to an out-of-State national bank. To the extent this bill, I must oppose H.R. 1377 for two rea- spend more taxpayer money to educate the host State law is inapplicable to a branch of sons. American people on the importance of saving. an out-of-State State bank in such host First, the proper level of savings should be Mr. Speaker, the American people neither State pursuant to the preceding sentence, determined by the free choices of individuals need nor want Congress to spend another home State law shall apply to such branch. acting in the market. Saving should be a vol- penny of their hard-earned tax dollars on edu- ‘‘(2) ACTIVITIES OF BRANCHES.—An insured untary decision, undertaken because individ- cating them on the importance of savings, and State bank that establishes a branch in a host State may conduct any activity at such uals value the greater future rate of return they certainly do not need the Federal Gov- branch that is permissible under the laws of from saving over the value of present con- ernment to spend a million dollars to create a the home State of such bank, to the extent sumption not because the Government in- conference on savings. Rather, Congress such activity is permissible either for a bank structed them that they needed to save. We in must cease all unconstitutional spending, cut chartered by the Host State (subject to the Washington cannot judge what the correct taxes, and prohibit the Federal Reserve from restrictions in this section) or for a branch level of savings is for any individual much less debasing the currency. in the host State of an out-of-State national the entire country. I ask my colleagues, if this Therefore, I urge my colleagues to vote bank. ‘‘(3) COORDINATION WITH SECTION 44.—No program increases the rate of savings beyond against H.R. 1377, and instead join me in working to eliminate the true obstacle to sav- provision of this subsection shall be con- the level Congress considers necessary, will strued as affecting the applicability of any we then enact a ``Spending is Vital'' bill to en- ings: the unconstitutional leviathan state that is State law of any home State under sub- courage greater consumption? jeopardizing the economic future of America section (b), (c), or (d) of section 44. Second, and perhaps more importantly, and destroying the American people's incen- ‘‘(4) DEFINITIONS.—The terms ‘host State’, H.R. 1377 ignores the primary reason Ameri- tive to save. ‘home State’, and ‘out-of-State bank’ have cans forgo savings: Government policies that Mr. PAYNE. Mr. Speaker, I yield back the the same meanings as in section 44(f).’’. discourage the American people from saving. balance of my time. The SPEAKER pro tempore. Pursu- Even creating a Department of Labor-run edu- b 1130 ant to the rule, the gentlewoman from cation program and spending a million dollars The SPEAKER pro tempore [Mr. New Jersey [Mrs. ROUKEMA] and the gentleman from Minnesota [Mr. VENTO] on a series of White House conferences will COBLE]. The question is on the motion further reduce the rate of savings as payment offered by the gentleman from Illinois each will control 20 minutes. The Chair recognizes the gentle- for these new initiatives will come either from [Mr. FAWELL] that the House suspend taxes paid directly by the American people or the rules and pass the bill, H.R. 1377, as woman from New Jersey [Mrs. ROU- from inflating the currency to monetize the na- amended. KEMA]. tional debt, thus eroding American's purchas- The question was taken; and (two- Mrs. ROUKEMA. Mr. Speaker, I yield ing power. Either way, working Americans will thirds having voted in favor thereof) myself such time as I may consume. be left with less funds available for saving. the rules were suspended and the bill, Mr. Speaker, we are here today to I respectfully suggest that it is not the peo- as amended, was passed. consider very important legislation to ple who need a savings education. They espe- A motion to reconsider was laid on clarify the Riegle-Neal Interstate cially do not need it from a government which, the table. Banking Branching Efficiency Act of the recent claims of the leadership and the ad- f 1994. H.R. 1306 will help to protect the ministration notwithstanding, cannot balance dual banking system by preserving the its own books. Rather, Congress needs to be GENERAL LEAVE State banking charter as a viable and educated on how the interventionist policies of Mr. FAWELL. Mr. Speaker, I ask effective option for State banks that this Government are eroding the people's unanimous consent that all Members wish to operate in an interstate envi- standard of living and making it nearly impos- may have 5 legislative days within ronment. sible for many Americans to save an adequate which to revise and extend their re- It is essential, Mr. Speaker, I stress, amount for their retirement, or any other vital marks on H.R. 1377. to pass this legislation by June 1. On needs, such as their children's education. The SPEAKER pro tempore. Is there that date, interstate branching be- Today, the average American pays more objection to the request of the gen- comes effective in 48 out of the 50 than 40 percent of this income in Federal, tleman from Illinois? States. In the interstate environment May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3089 that will exist after that date, State banking system and the fundamental BOARD OF GOVERNORS OF THE FED- banks will be at a distinct disadvan- rights of the States to charter banks, ERAL RESERVE SYSTEM tage to national banks if we fail to this legislation has broad and over- Washington, DC, April 30, 1997. take this action today. Failure to rem- whelming support from many State Hon. MARGE ROUKEMA, Chairwoman, Subcommittee on Financial Insti- edy this disadvantage will certainly representatives. I want to stress this. tutions and Consumer Credit, Committee on have a negative and counterproductive It is an indication of how it does pro- Banking and Financial Services, House of effect on our dual banking system. tect the dual banking system. We have Representatives, Washington, DC. The essence of this legislation is to received the wholehearted endorsement DEAR MADAM CHAIRWOMAN: You have re- provide parity between State-chartered of the National Governors Association, quested the Board’s views on the Riegle-Neal banks and national banks. This bill which represents the views of all the 50 Clarification Act of 1997. In 1994, Congress does not authorize, and I stress this, enacted the Riegle-Neal Interstate Banking State Governors, and, by the way, and Branching Act (Riegle-Neal Act) to es- does not authorize new powers for many of those State Governors, a mini- tablish a framework that would govern State banks. It preserves the right of a mum of 35, have individually endorsed interstate branching. Beginning on June 1, State to decide how banks that it char- this legislation. The Conference of 1997, the Riegle-Neal Act permits banks to ters and supervises are operated and State Bank Supervisors supports this establish branches on an interstate basis what activities those banks can con- legislation, and 35 State banking com- through mergers with other banks, unless a duct. For example, a New Jersey bank missioners have made their voices state has affirmatively chosen by that date not to permit interstate branching within branching into New York State will heard with additional individual let- that state. To date, 48 states will permit have to comply with New Jersey law ters of support. The IBAA, the Inde- interstate branching by merger on June 1, concerning the composition of its pendent Bankers, a number of State 1997. board of directors. Another example is banking associations, and the Federal The Riegle-Neal Clarification Act of 1997 is that if a New Jersey State-chartered Reserve have all expressed support for an effort to create parity between national bank branches into New York and is this legislation. I would add that even and state-chartered banks in operating out- of-state branches. The Riegle-Neal Act cre- permitted to sell securities in New Jer- the opposition, initial opposition, I ated an ambiguity for state-chartered banks sey, it may do so in New York if New stress initial opposition, from the with interstate branches that puts state York State banks are permitted to do State legislators is not complete. We banks at a disadvantage in operating inter- so or national banks in New York may have received many letters and testi- state branches. The ambiguity involves the do so. mony of support from individual State types of state laws that would apply to the This legislation is critical to the sur- legislators. operation and activities of interstate branches of that state bank. The Riegle-Neal vival of the dual banking system. The The legislation today incorporates dual banking system provides an im- Clarification Act of 1997 seeks to clarify this three changes to further clarify the ambiguity by subjecting the interstate portant choice between the State or original intent of Riegle-Neal. branches of state banks to the same laws of national bank charters and has served the host state that apply to interstate this country well for over 100 years. I First, the bill clarifies the home branches of national banks. Under the Rie- believe it deserves to be reinforced. State law of a State bank must be fol- gle-Neal Clarification Act of 1997, state In addition, a strong State banking lowed in situations in which a specific banks and national banks would equally be system is necessary for the economic host State does not apply to a national subject to the community reinvestment, well-being of the individual States and bank. For example, if a Minnesota consumer protection, fair lending, and intra- State-chartered bank branches into state branching laws of the state in which for innovation in financial institutions. the branch operates. It is well known in financial circles Wisconsin, it will be required to follow The Board believes that this legislation is how innovative and creative State- the lending limits established by Min- important in maintaining the health of the chartered banks have been, indeed, set- nesota, not Wisconsin. dual banking system. It removes an unneces- ting standards that have ultimately The second point that I wish to clar- sary obstacle to interstate branching by been established at the national level. ify is that H.R. 1306 ensures that when state banks while at the same time preserv- This legislation is also important for a State bank conducts activities in a ing the ability of states to establish uniform practices for all interstate branches in areas consumers, because if we do not enact host State, it will meet the conditions that are of particular concern to the states. this legislation, State banks will likely applicable to the exercise of the activ- Accordingly, the Board supports passage of convert to a national charter. Cer- ity by either the State banks or the na- the Riegle-Neal Clarification Act of 1997 and tainly the incentive will be there. The tional banks. urges Congress to enact this legislation prior end result could be that there will be Finally, this legislation reiterates to the June 1, 1997, effective date of the Rie- no consumer protection at the State gle-Neal Act. that certain provisions of Riegle-Neal Sincerely, level. Those protections are sometimes relating to antitrust, State filing re- stronger than the basic consumer pro- , quirements, and taxation are not Chairman. tections of Federal law. In addition, it changed by this amendment. preserves the viability of the State I certainly want to thank the gen- INDEPENDENT BANKERS charter option for banks that want to ASSOCIATION OF AMERICA, branch into other States. tleman from Iowa [Mr. LEACH], chair- Washington, DC, May 15, 1997. Some at the State level claim that man of the Committee on Banking and DEAR REPRESENTATIVE: On May 7, the Fi- this legislation will harm States Financial Services, certainly our col- nancial Institutions Subcommittee of the rights, but I must stress there should leagues on the other side, the gen- House Banking Committee unanimously voted out H.R. 1306, the Riegle-Neal Clari- be no misunderstanding that this legis- tleman from Minnesota [Mr. VENTO] and the gentleman from New York [Mr. fication Act of 1997. The bill is designed to lation will preserve that right and, correct an oversight in the Riegle-Neal LAFALCE] for their cooperation and more important, the ability of the Interstate Banking and Branching Act that States to charter banks and decide how continued willingness to work in a bi- harms the dual banking system by giving na- those banks will operate and what ac- partisan manner to craft this bill. I be- tional banks a decided edge over state char- tivities they will conduct. It enhances lieve that it is a good bill that will go tered banks that operate interstate. The that. Moreover, it recognizes the im- a long way to preserving the integrity Independent Bankers Association of America is the only national trade association that portance of host State laws by requir- of the dual banking system in an inter- state climate. exclusively represents the interests of our ing all out-of-State banks to comply nation’s community banks. with host State laws in four key areas, Mr. Speaker, I include for the Currently, national banks are subject to community reinvestment, consumer RECORD the endorsements from the Na- the same rules in every state in which they protection, fair lending, and intrastate tional Governors Association, the indi- operate. State banks, in contrast, are subject branching, unless the State law has vidual Governors’ letters, the Con- to different operating rules in every state in been preempted by national banks. In ference of State Bank Supervisors, the which they have branches. Therefore, there is no consistency in the operations of an that instance the law of the State Independent Bankers Association of interstate bank with a state charter. This is which issued the charter will prevail. America, and the Federal Reserve an incentive to any bank that wishes to op- In recognition of the importance of Board endorsements of this legislation, erate on an interstate basis to do so from a H.R. 1306 and preserving the State as follows: national charter. H3090 CONGRESSIONAL RECORD — HOUSE May 21, 1997 The Riegle-Neal Clarification Act clarifies Therefore, we urge Congress to adopt the lowed to exercise powers granted by their that generally, state chartered banks will Reigle-Neal Clarification Act as law before home state, at least to the extent allowed for operate under the laws of their chartering the nationwide trigger to interstate branch- national banks operating in that state. state wherever they do business, up to the ing on June 1, 1997. Resolving these perceived problems is crit- powers of national banks. State chartered Please call on us if we can be of any fur- ical to the survival of State-chartered inter- banks would remain subject to host state ther assistance in supporting this legisla- state banks and ultimately to the well-being laws on intrastate branching, community re- tion. Thank you for your consideration in of the dual banking system. The banking in- investment, consumer protection, and fair this matter. dustry currently perceives that Riegle-Neal lending laws. Sincerely, gives an advantage to national banks in the The dual banking system has helped to cre- GOV. PAUL E. PATTON, interstate environment. Federal legislation ate the strongest, most efficient, and safest Chair, Committee on to resolve this problem will restore the bal- banking system in the world. As we enter the Economic Develop- ance necessary to maintain our dual banking age of interstate branching, it is important ment and Commerce. system, especially if enacted before the June that the impact of the states be felt, through GOV. EDWARD T. SCHAFER, 1st trigger date for nationwide interstate state chartered banks, to insure that the Committee on Eco- branching. In his letter to you, Acting Com- positives of the dual banking system are felt nomic Development missioner John S. Allision included back- in the interstate arena. and Commerce. ground materials, talking points, the amend- Therefore, the IBAA urges you to support ment, and the changes to current law. I en- H.R. 1306 when it comes up for a vote. Thank STATE OF ARIZONA, courage you to support this effort. you. EXECUTIVE OFFICE, Sincerely, Sincerely, Phoenix, AZ, April 3, 1997. KIRK FORDICE, RONALD K. ENCE, Hon. MARGE ROUKEMA, Governor. Director of Legislative Affairs. Chairwoman, Subcommittee on Financial Insti- PETER M. KRAVITZ, tutions and Consumer Credit, House Bank- STATE OF NEW JERSEY, Legislative Counsel. ing Committee, Washington, DC. OFFICE OF THE GOVERNOR, DEAR CONGRESSWOMAN ROUKEMA: Thank NATIONAL GOVERNORS ASSOCIATION, you for scheduling your Subcommittee so Trenton, NJ, March 31, 1997. Washington, DC, April 30, 1997. that you may receive testimony on the legis- Hon. MARGE ROUKEMA, Hon. MARGE ROUKEMA, lative proposal which seeks clarification of House of Representatives, Rayburn House Office Chair, Financial Institutions and Consumer the Riegle-Neal Interstate Banking and Building, Washington, DC. Credit Subcommittee, Committee on Banking Branching bill. I want to be certain that our DEAR REPRESENTATIVE ROUKEMA: I under- and Financial Services, U.S. House of Rep- state chartered banks can remain competi- stand that as chair of the House Banking and resentatives, Washington, DC. tive in our dual banking system. Financial Services Committee’s Subcommit- Hon. BRUCE VENTO, Our Arizona State Banking Department is tee on Financial Institutions and Consumer Ranking Member, Financial Institutions and continuing to receive applications for new Credit, you will soon be introducing legisla- Consumer Credit Subcommittee, Committee banks. If these amendments are not approved tion to clarify a provision of the Riegle-Neal on Banking and Financial Services, U.S. by Congress, it is quite possible that new ap- Interstate Banking and Branching Efficiency House of Representatives, Washington, DC. plications would all be for a national char- Act of 1994. Your legislation will preserve the DEAR MADAM CHAIR AND REPRESENTATIVE ter. viability of the state banking charter for VENTO: We are writing to express our support It is my recommendation that you and those banks in our state that wish to operate for the Riegle-Neal Clarification Act of 1997, your Committee respond positively to these in other states. which is designed to ensure that implemen- amendments as proposed by the Conference For decades, the nation’s dual banking sys- tation of the Riegle Neal Interstate Banking of State Bank Supervisors. tem has served consumers and businesses Act does not unintentionally disadvantage Sincerely, well. Many of the innovations we now take state chartered banks. FIFE SYMINGTON, for granted—including checking accounts, During negotiations over the act, the Gov- Governor. ATMs, and adjustable rate mortgages—were ernors worked to ensure that states had all initiated by state banks. In addition, giv- ample time to develop state implementing STATE OF MISSISSIPPI, ing financial institutions the choice between legislation on an issue in which Congress had OFFICE OF THE GOVERNOR, seeking a state or a national charter has taken ten years to reach consensus. The Jackson, MS, February 4, 1997. helped keep regulatory agencies efficient and three-year timeline for states was ambitious, Hon. TRENT LOTT, regulatory costs lower. but all states have now considered interstate U.S. Senate, Washington, DC. Under the provisions of Riegle-Neal, state banking and branching legislation. In addi- DEAR SENATOR LOTT: I am writing to ask banking systems were given until this June tion, state banking commissioners, through for your support concerning the Riegle-Neal to prepare for interstate banking. However, the Conference of State Bank Supervisors, Interstate Banking and Branching Efficiency many state systems have been facing dif- have developed regulatory agreements that Act of 1994. This Act will have a significant ficulties in meeting this deadline because permit state banks to use a one-stop ap- impact on the viability of State bank char- Riegle-Neal is unclear regarding the issue of proach for application, approval, and super- ters for financial institutions that wish to which state law applies to an interstate vision when branching interstate. This en- operate in more than one state. branch of a bank holding a state charter. To sures that states retain control over the con- The trigger date for nationwide interstate put it simply, it did not fully address wheth- duct of state-chartered banking operations branching is June 1, 1997. Banks that operate er, for example, the branch of a New Jersey and that state banks remain competitive in more than one state are deciding whether state-chartered bank operating in New York with the national bank system. a National or State bank charter would bet- would be governed by New Jersey state However, Governors believe legislation is ter meet their needs in this new environ- banking law or New York state banking law. needed to ensure that state-chartered banks ment. To preserve the State charter as an at- Your bill would clear up the ambiguity in that branch interstate can remain competi- tractive choice for all banking organiza- Riegle-Neal by making it clear that, in gen- tive with national bank branches. specifi- tions, all 50 states, the FDIC, and the Fed- eral, the state in which a bank is chartered cally, state-chartered banks need to be cer- eral Reserve have signed agreements to rec- will govern the activities of all of that tain which host state laws they are subject ognize a multi-state bank’s home state as bank’s branches, even those operating in to and which powers they may exercise con- the primary authority for supervision and other states. This provision would apply only sistently. National banks have certainty or regulation. consistency in both of these areas. Policy Unfortunately, some believe that Riegle- to the extent that either a host state law al- adopted by the National Governors’ Associa- Neal is ambiguous on the application of host lows or to the extent allowed for a national tion asserts that federal law must not dis- state laws to the branches of out-of-state, bank. Your legislation provides state char- advantage state-chartered banks. State-chartered banks, leading to uncer- tered banks the certainty necessary to make The existence of a competitive state char- tainty on the part of many banks. Certainty the decision whether or not they want to ter is the foundation of our dual banking about the legal requirements for host state branch out into another state. system. The dual banking system has been branches is an important consideration in As a Governor, I believe it is important the source for almost all the major innova- the choice of a National or State charter. that states retain the ability to decide what tions in our banking industry, from deposit We are asking Congress to provide this cer- activities banks it charters and supervises insurance to branch banking to interstate tainty and to eliminate any ambiguity with can undertake. This legislation does not branching. Weakening the state charter can an amendment clarifing that, in general, grant state banks any new powers, it simply only harm the dual banking system, harming home state law applies to out-of-state retains authority that has long been theirs. both consumers and the industry. The pro- branches of State-chartered banks and that I am writing to the New Jersey delegation posed legislation will restore balance to our host state law applies only to those branches and your colleagues on the Banking and Fi- dual banking system by ensuring that a to the same extent that it applies to out-of- nancial Institutions Committee urging them state charter provides the same certainty state branches of National banks. In addi- to express their support for our dual banking and consistency as its federal counterpart. tion, host state branches should also be al- system—and for the important role of the May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3091 state banking system in our national econ- system. In Iowa, there are 57 national banks As the law stands now, Riegle-Neal creates omy—by cosponsoring your legislation. and 408 state chartered banks. Your legisla- an unintended incentive for a state-char- Sincerely, tion is necessary to keep the state banking tered bank to switch to a national charter in CHRISTINE TODD WHITMAN, charter a viable option for state chartered order to enjoy the full benefits of interstate Governor. institutions that wish to operate in an inter- branching. Current law may disadvantage state environment. host state branches of state-chartered banks GOVERNOR , Riegle-Neal clearly establishes that host in the area of powers. Under current law, STATE CAPITOL, state law applies to the branches of out of state-chartered banks whose home states au- Sacramento, CA, May 9, 1997. state banks in four key areas: intrastate thorize powers comparable or superior to Hon. JIM LEACH, branching, community reinvestment, those of national banks relinquish these House of Representatives, consumer protection, and fair lending. This powers when they branch into states where Washington, DC. important provision ensures that our state bank powers are more restrictive than those DEAR JIM: I am writing to ask for your sup- can continue to protect our citizens through of national banks. port on the Riegle-Neal Interstate Banking legislation that applies equally to all banks. When confronted with these situations, it and Branching Efficiency Act of 1994, which In other areas, it seems simplest to follow is not difficult to imagine a state-chartered will have a significant impact on the viabil- the ‘‘home state/host state’’ model created bank in the home state switching to a na- ity of state bank charters for financial insti- by Riegle-Neal. An Iowa state-chartered tional charter in order to facilitate their tutions wanting to operate in more than one bank is an Iowa state-chartered bank no branching plans. A solution to this problem state. matter where it operates; therefore, it makes would be to allow a host state branch of a June 1st is the trigger date for nationwide sense that it continue to operate under Iowa state-chartered bank to exercise home state interstate branching, and banks operating in laws, except in those four areas carved out powers to the same extent as a national more than one state are deciding whether a for both national and state-chartered banks. bank or a bank chartered by the host state, national or state bank charter would better The reason for our dual banking system is whichever is greater. This would ensure that meet their needs in this new environment. that both state and federal governments rec- host state branches of state-chartered banks To preserve the state charter as a viable ognize banks as powerful tools of economic would not be at a competitive disadvantage choice for all banking organizations, all 50 policy. If Iowa loses its ability to supervise to host state branches of a national bank. Fixing this anticipated problem in Riegle- states, the Federal Deposit Insurance Cor- and regulate banks—or even if Iowa is left Neal before the June 1, 1997 trigger date for poration and the Federal Reserve have with only the smallest banks to regulate—it nationwide banking is important to the sur- signed agreements to recognize a multi-state also loses its ability to affect public policy vival of state-chartered interstate banks. bank’s home state as the primary authority and economic development through banking Fortunately, federal legislation to clarify law and regulation. for supervision and regulation. this provision of Riegle-Neal has been intro- Unfortunately, some believe that Riegle- The National Conference of State Legisla- duced by Congresswoman Roukema in the Neal is ambiguous on the legal application of tures has expressed concern about ceding House and Senator D’Amato in the Senate. host state laws to the branches of out-of- some of the individual state legislature’s au- In its simplest form, the issue boils down to state and state-chartered banks. This ambi- thority over institutions chartered by other parity for financial institutions operating in guity is causing uncertainty on the part of states. Without these amendments, however, an interstate environment and, ultimately, some banks. Certainty about the legal re- I believe that the legislatures and the gov- the well being of the dual banking system. quirements for host state branches is an im- ernor’s offices around the country will lose Sincerely, portant consideration in the choice of a na- even more of their authority over their own E. BENJAMIN NELSON, tional or state charter. As a result we are state chartered institutions, as these institu- Governor. asking Congress to provide this certainty tions opt for a federal charter. and eliminate the ambiguity with an amend- Iowa has done an excellent job in crafting SOUTH DAKOTA DEPARTMENT OF ment. a state banking charter that meets the needs COMMERCE AND REGULATION, Fixing these perceived problems is critical of our communities and contributes to the March 19, 1997. to the survival of state-chartered interstate economic well being of the state. Unfortu- NEIL MILNER, CAE, CEO, banks, and ultimately to the well-being of nately, without your legislation, this per- Pierre, SD, Conference of State Bank Super- the dual banking system. The banking indus- ceived advantage to having a national bank visors, Washington, DC. try currently perceives that Riegle-Neal charter when a bank chooses to operate in DEAR NEIL: I am sure you are aware the gives an advantage to national banks in the more than one state will lead to these insti- Governor is snowed under with legislation interstate environment. Federal legislation tutions opting for a national charter. Unin- and other concerns, however, he did ask me to resolve this problem will restore the bal- tended policies that create artificial incen- to respond to your letter to him regarding ance necessary to maintain our dual banking tives to convert to a national charter are the amendments proposed for Riegle-Neal, he system, especially if enacted before the June devastating to the dual banking system, and supports CSBS’s position, and he will be glad 1st trigger date. I urge you to support this threaten state economic policy. to help in any way he can. He had already di- A meaningful choice between a state or a legislation. rected me to contact each of congressional national banking charter is the essence of Sincerely, delegates and request their support which I PETE. the dual banking system. The dual banking have done. He also wanted me to thank you system has served this country well for over for your kind comments regarding his efforts OFFICE OF THE GOVERNOR, 100 years and has promoted an efficient, and that he looks forward to seeing you and STATE CAPITOL, flexible and innovative delivery system for JC sometime soon. Des Moines, IA, April 23, 1997. financial services around this country. Your The Governor also wanted me to specifi- Hon. MARGE ROUKEMA, legislation will restore balance to our dual cally congratulate you on your new position Chairwoman, Subcommittee on Financial Insti- banking system by ensuring that a state and the work you are doing and that he tutions and Consumer Credit, House of Rep- charter provides the same consistency and looks forward to working with you in achiev- resentatives, Washington, DC. certainty as its federal counterpart. There- ing the goals you have set for CSBS. DEAR CONGRESSWOMAN ROUKEMA & MEM- fore, I urge Congress to adopt your legisla- Very truly yours, BERS OF THE SUBCOMMITTEE: I am writing to tion as law before the nationwide trigger to RICHARD A. DUNCAN, express my strong support for the swift pas- interstate branching on June 1. Director of Banking. sage of H.R. 1306, your legislation to clarify Sincerely, the Riegle-Neal Interstate Branching Effi- TERRY E. BRANSTAD, STATE OF WASHINGTON, ciency Act. Governor of the State of Iowa. OFFICE OF THE GOVERNOR My concern about the law as it currently Olympia, WA, April 7, 1997. stands is that Iowa state-chartered banks STATE OF NEBRASKA, Hon. MARGE ROUKEMA, feel uncertain about which laws apply to Lincoln, NE, April 18, 1997. U.S. House of Representatives, them when they branch across state lines. Representative JACK LEACH, DEAR REPRESENTATIVE ROUKEMA: I am National banks in Iowa feel no such uncer- Rayburn House Office Building, Washington, writing to ask for your support on an impor- tainty. Like all businesses, banks prefer to DC tant issue concerning the impact the Riegle- operate in an environment of certainty. If we DEAR REPRESENTATIVE LEACH: I am writing Neal Interstate Banking and Branching Effi- cannot remedy this situation, state-char- to share my thoughts and ask for your sup- ciency Act of 1994 will have on the viability tered banks that want to operate across port on an important issue concerning the of the state bank charter for financial insti- state lines will convert to national charters. impact Riegle-Neal Interstate Banking and tutions that wish to operate in more than As a Governor, I am Iowa’s top economic Branching Efficiency Act of 1994 will have on one state. development officer. I am the individual ulti- the continuing viability of the state bank The trigger date for nationwide interstate mately responsible for ensuring and protect- charter for financial institutions that wish branching is June 1 of this year. Banks that ing the economic opportunity for all of to operate in more than one state. I have al- operate in more than one state are deciding Iowa’s citizens and businesses. I believe that ways been a strong supporter of the dual whether a national or state bank charter it is critical to the economic well being of banking system and feel it needs to be pre- would better meet their needs in this new en- my state to maintain a strong state banking served. vironment. To preserve the state charter as H3092 CONGRESSIONAL RECORD — HOUSE May 21, 1997 an attractive choice for all banking organi- storing balance in the dual-banking system— fringing on state sovereignty any more than zations, all 50 states, the FDIC and the Fed- something the Riegle-Neal Interstate Bank- is allowed by current law. Furthermore, the eral Reserve have signed agreements to rec- ing and Branching Act of 1994 expressly in- proposed amendment would clarify that cer- ognize a multi-state bank’s home state as tended to maintain. tain compliance and consumer protection the primary authority for supervision and I respectfully urge you and your commit- laws would continue to apply equally to na- regulation. tee to respond positively to this bill as pro- tional and state-chartered bank branches. Unfortunately, some believe that Riegle- posed by the Conference of State Bank Su- Without this amendment, a state bank Neal is ambiguous on the application of host pervisors. that wants to conduct an activity that its state laws to the branches of out-of-state, Sincerely. home law allows, and which is also allowed state-chartered banks, leading to uncer- MICHAEL O. LEAVITT, for national banks, may switch to a national tainty on the part of many banks. Certainty Governor. charter if it cannot conduct this activity as about the legal requirements for host state a state-chartered bank in a host state. This branches is an important consideration in STATE OF NEW YORK, amendment only gives that bank the option the choice of a national or state charter. EXECUTIVE CHAMBER, of remaining a state chartered bank if it We are asking Congress to provide this cer- Albany, NY, April 29, 1997. wishes to conduct the activities authorized tainty and eliminate any ambiguity with an Hon. JIM LEACH, by its own charter in all of the states in amendment that clarifies that, in general, Chairman, House Banking and Financial which it operates. home state laws applies to out-of-state Services Committee, Washington, DC. branches of state-chartered banks, and that DEAR CHAIRMAN LEACH: I urge you to sup- Thank you again for scheduling this im- host state law only applies to those branches port the passage of H.R. 1306, the Riegle-Neal portant hearing. It is an important first step to the same extent that it applies to out-of- Clarification Act of 1997. This bill would in Congress’s attempt to clarify the intent of state branches of national banks. In addi- amend the Riegle-Neal Banking and Branch- Riegle-Neal. tion, host state branches should also be al- ing Efficiency Act of 1994 (‘‘Riegle-Neal’’) to Sincerely, lowed to exercise powers granted by their help maintain the viability and THOMAS R. CARPER, home state, at least to the extent allowed for attractiveness of state banking charters as Governor. national banks operating in that state. the era of nationwide interstate branching Fixing these perceived problems is critical commences on June 1, 1997. STATE OF MICHIGAN, to the survival of state-chartered interstate Riegle-Neal may be unclear as to whether OFFICE OF THE GOVERNOR, banks, and ultimately to the well-being of consistent rules are used to determine what Lansing, MI, May 14, 1997. the dual banking system. The banking indus- laws and powers apply to the out-of-state Hon. , try currently perceives that Riegle-Neal branches of state and federally-chartered Washington, DC. gives an advantage to national banks in the banks. To the extent it remains uncertain DEAR CONGRESSMAN STUPAK: I am writing interstate environment. Federal legislation that Riegle-Neal establishes rough parity be- to ask your support of the Riegle-Neal Clari- to resolve this problem will restore the bal- tween charters in this regard, some may con- fication Act of 1997 (H.R. 1306), introduced by ance necessary to maintain our dual banking clude that the national bank charter is the Representatives Roukema, Leach, and La- system, especially if enacted before the June preferable option. Falce. This important legislation concerns 1st trigger date for nationwide interstate H.R. 1306 would resolve any such ambiguity the impact the Riegle-Neal Interstate Bank- branching. Enclosed are background mate- by making two important clarifications to ing and Branching Efficiency Act of 1994 will rials, talking points, the amendment and the Riegle-Neal. First, it would establish that a have on the viability of the state bank char- changes to current law. It is my understand- host state’s law would apply to the out-of- ter for financial institutions that choose to ing that Senator D’Amato is working on state branches of a state-chartered bank operate in more than one state. This is an passing this important amendment. I urge only to the same extent that those laws issue of significance to Michigan and Michi- you to support this effort. apply to the branches of out-of-state na- gan state-chartered banks. Sincerely, tional banks located in the host state. Sec- GARY LOCKE, ond, it would make clear that host state The trigger date for nationwide interstate Governor. branches would be allowed to exercise powers branching is June 1 of this year. Banks that granted by their home state if such powers operate in more than one state are now de- STATE OF UTAH, are permissible for either banks chartered by ciding whether a national or state bank OFFICE OF THE GOVERNOR, the host state or for national bank branches charter would better meet their needs in this , UT, April 22, 1997. in that host state. new environment. To preserve the state Hon. MARGE ROUKEMA, The recent decision by KeyCorp to consoli- charter as a viable choice for all banking or- Chairwoman, Subcommittee on Financial Insti- date its operations into one bank under a ganizations, all fifty states, the FDIC and tutions and Consumer Credit, House Bank- federal charter should serve as a wake up the Federal Reserve have signed agreements ing Commission, Washington, DC. call to all of us who committed to the preser- to recognize a multi-state bank’s home state DEAR REPRESENTATIVE ROUKEMA: Thank vation of the dual banking system. I ask you as the primary regulator. you for sponsoring H.R. 1306, THE RIEGLE- to give H.R. 1306 your full support. The problem addressed by the Clarification NEAL CLARIFICATION ACT OF 1997, whose Very truly yours, Act is ambiguity in Riegle-Neal on the appli- purpose is to preserve the viability of a state GEORGE E. PATAKI, cation of host state laws to the branches of banking charter for those banks wanting to Governor. out-of-state, state-chartered banks, which operate branches in other states. I under- has led to uncertainty on the part of many stand the bill has twenty cosponsors, includ- STATE OF DELAWARE, banks. Certainty about legal requirements ing Utah’s representative, the Honorable OFFICE OF THE GOVERNOR, for host state branches is a critical element Merrill Cook. March 27, 1997. in the choice of a national or state charter. A strong state banking system is necessary Hon. MARGE ROUKEMA, The proposed Clarification Act provides to the economic well-being of my state. In Chairwoman, Subcommittee on Financial Insti- this certainty and eliminates any ambiguity. particular, the state component of the dual- tutions and Consumer Credit, House Bank- It clarifies, in general, that home state law banking system has been valuable to the ing Committee, Washington, DC. applies to out of state branches of state- DEAR CONGRESSWOMAN ROUKEMA: I com- Utah economy. Utah has experienced a vi- chartered banks, and that host state law mend you on scheduling the subcommittee brant economy throughout the past decade. only applies to those branches to the same hearing to receive testimony on a legislative Both in response to and as a facilitator of extent that it applies to out of state proposal which seeks clarification to the the economy, the state has chartered five branches of national banks. Additionally, Riegle-Neal Interstate Banking and Branch- local commercial banks within the past five host state branches would be allowed to ex- ing bill. Under current law there is a strong years. In contrast, in the last year alone, two ercise powers granted by their home state, at incentive for state-chartered banks, with large state-chartered banks operating in least to the extent allowed for national branches in other states, to convert to na- multiple states, including Utah, have con- banks operating in that state. verted to a national bank charter. My Com- tional banks. This perverse incentive was missioner of Financial Institutions, Edward not contemplated by Congress when it passed Michigan Financial Institutions Bureau Leary, informs me that the primary reason Riegle-Neal in 1994 and should be clarified Commissioner Patrick McQueen and I sup- for the conversions was the uncertainty of immediately. port this legislation. We believe that the law and powers facing state-chartered banks The goal of the clarifying amendment is to Clarification Act is critical to the survival of operating across state borders. keep the state banking charter a viable state-chartered interstate banks, and ulti- As a former businessman, I fully under- choice in an interstate environment, while mately to the well-being of the dual banking stand bankers’ desire for certainty when op- keeping the state banking system flexible system. erating in a multi-state environment. It enough to remain laboratories for innovation I urge you to support the Riegle-Neal Clar- seems to me that this bill ensures that in the financial services industry. The ification Act of 1997 (H.R. 1306). states continue to have a strong voice in amendment is carefully crafted to allow a Sincerely, shaping both the current and future banking state-chartered bank to operate in a consist- JOHN ENGLER, industry across this nation. It does so by re- ent manner across state lines, while not in- Governor. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3093

COMMENTS OF SENATOR MARGARITA PRENTICE, stitutions move toward a national charter, gress does not adopt these clarifying amend- WASHINGTON STATE SENATOR, 11TH DIS- states will lose a great deal of their current ments to Riegle-Neal. It is true that tradi- TRICT—BEFORE THE U.S. HOUSE OF REP- ability to influence economic growth and tionally, the states seek to defend their ab- RESENTATIVES SUBCOMMITTEE ON FINANCIAL productivity. Furthermore, the banking in- solute authority over the financial institu- INSTITUTIONS AND CONSUMER CREDIT—APRIL dustry as a whole will lose the benefit of in- tions that operate within their borders. 30, 1997 novations that may begin at the state level Some see these proposed amendments as a Good afternoon. I am Margarita Prentice, and are later adopted on a national level. dangerous preemption of that authority. a state legislator from the state of Washing- When we considered how interstate branch- However, states will lose much more author- ton and the Ranking Minority member of ing was going to affect our citizens in the ity if they are no longer supervising state- state of Washington, we understood the pol- our Senate Financial Institutions Commit- chartered financial institutions, or are su- icy of ‘‘home state supervision’’ that you set tee. I very much appreciate the invitation to pervising only the smallest, community- forth in Riegle-Neal. appear before this Committee and to have based institutions. We must abandon our We understood that if a bank were pursuit of the perfect to preserve the good; the opportunity to discuss banking policy in headquartered in our state, our laws would our state. I am here today to support H.R. and our dual banking system has brought a apply to that institution wherever it chose great deal of good to our citizens, our busi- 1306, the Riegle-Neal Clarification Act of to operate except in the areas of consumer 1997. nesses, and our banking industry. protection, fair leading, community rein- The virtue of our dual banking system is In 1996, I chaired the Committee that shep- vestment and intrastate branching. We un- herded interstate branching legislation suc- that the states have the ability to affect eco- derstood that host state law would apply to nomic development through policy decisions cessfully through the state legislature. We the same extent to both a national bank and enacted a bill to ‘‘opt in’’ early, and Wash- for our state-chartered banks. Clearly, if our an out-of-state, state-chartered bank. This largest, most influential banking institu- ington state is now open to interstate means that banks chartered in Washington tions feel they must convert to national branching. would have confidence in the laws applied to charters, this will seriously reduce our abil- I traveled 3,000 miles to be here today to them when they branch out of state, and our ity to affect our own economic destiny. support the efforts of the Washington Direc- consumers would have confidence in the laws State-chartered institutions, and state reg- tor of Financial Institutions, John Bley, and that protect them when they use any bank, ulation, are intimately connected to their his colleagues from around the country in state or national, in our state. asking for your support for early passage of We understood that the home state was the local communities in a unique way. We want a clarifying amendment to Riegle-Neal. primary regulator, which was determined by to make sure that all of Washington state’s Washington has always been a strong dual where the charter was issued. Therefore, we institutions have the opportunity to choose banking state. We currently have 21 national believed that a bank chartered in Washing- this connection. We want to make sure that banks, 63 state-chartered banks, 15 state- ton state, opening branches in California, federal law does not interfere with any chartered savings banks and seven federal would comply with the laws relating to the bank’s ability to choose freely between savings and loans. We also have seven for- corporate governance of its Washington equally attractive state and federal charters. eign banks offices, which have made a tre- charter. California’s laws in the area of I urge you to enact H.R. 1306 as quickly as mendous contribution to our development as consumer protection, community reinvest- possible to restore the necessary balance to a major trading center. The last three years, ment, fair lending and intrastate branching the dual banking system and ensure that the state issued seven charters to new com- would apply just like the system you have state charters remain a viable option for any munity banks seeking to serve our citizens. set up for national banks. financial institution that values its connec- The state charter has always been an im- The dual banking system is important be- tion to its community. portant factor in Washington state’s eco- cause it promoted efficiency, flexibility, in- Thank you for your attention. I would be nomic development policy. We have been novations in our banking system industry. pleased to answer any questions you may able to provide credit to an expanding econ- The states have been the testing ground for have. omy because we have an active banking sec- interest bearing checking accounts, adjust- Mrs. ROUKEMA. Mr. Speaker, I re- tor. Economic development through credit able rate mortgages and ATMs. serve the balance of my time. availability was a priority of our former While the states have worked very hard to keep the state system competitive in our Mr. VENTO. Mr. Speaker, I yield my- Governor, Mike Lowry, and continues to be a self such time as I may consume. priority for Governor Gary Locke. interstate environment, I’m here today to I applaud this Committee for the state op- discuss with you the reality of what we are Mr. Speaker, I rise in support of this tions that you provided in Riegle-Neal. In finding in Washington State. We opted in to measure. The legislation will maintain fashioning Riegle-Neal in this manner, Con- interstate branching early, on June 6, 1996. the dynamic balance between the char- gress ensured that each state could consider To date, only a very small number of tering of national and State banks and a wide range of policy choices, and then craft banks have chosen to branch and keep a banking systems. This is a necessary legislation that would meet the needs of state charter. These are very small institu- tions that have crossed the border into measure. It must be enacted to clarify each state. Giving the states this ability to and ensure the viability of America’s carefully consider the issue and to make the Idaho. However, we have also ‘‘lost’’ several large dual banking system. This banking policy decisions that were right for them institutions who have chosen a national helped the process and encouraged states to system has served our Nation well. The charter, and will be conducting a banking opt-in to nationwide branching. increased competition, intrinsic within business in our state. These banks told us We took the policy options you gave us and the context of the dual banking sys- that the ambiguity in Riegle-Neal caused over a six month consensus building process tem, has produced many new products them to switch to a national charter because worked out a bill for our state on a non-con- the national charter provides more cer- for consumers, expanded credit oppor- troversial, bipartisan basis with the support tainty. tunities for local communities and pro- of all financial institutions, large and small. We do not believe this was your intention duced a vibrant American banking sys- We knew that the challenge to make the when the bill was passed. tem. state chartered banking system viable in an Some have asserted that if you change Rie- interstate environment would be tremen- However, with June 1 approaching, gle-Neal now, the states that have already the implementation date for interstate dous, not only to our state but to all states. opted-in will have opted in under different We were especially pleased that Director rules. However, when we opted in, we be- branching, there is a concern that the Bley was appointed to chair the Interstate lieved that home states had the primacy law will lead to disparate treatment of Task Force set up through CSBS. For the over their institutions and therefore this national and out-of-State State char- past three years, this Task Force has worked amendment strengthens that view. tered banks in a host State. Congress to developed a system to make interstate It has also been asserted that states could must act to address that possibility. branching work for state-chartered banks as individually ‘‘fix’’ the problem that this While I strongly support America’s well as national banks. amendment attempts to address. In Washing- dual banking system, I do not believe As you know, the nation’s state bank su- ton state, we have already authorized our pervisors have signed a historic cooperative banks to conduct, at any location, any activ- that such a system should be main- agreement to make interstate branching ity that we have authorized. tained at any price. I recognized when work. Every state will be a home state and Our problem is that time is running short. we passed the law in 1994 that a con- a host state. Unfortunately, if Congress does June 1, the nationwide trigger date, is upon sequence of the Riegle-Neal interstate not pass H.R. 1306, this work may all have us. It would be very difficult, if not impos- banking and branching law which this been for naught. Without a change in current sible, for 50 state legislatures to enact this legislation addresses could place State- law, banks may turn disproportionately to a change. In our state, the legislature has al- chartered banks at a competitive dis- national charter, making it difficult for ready adjourned for this year. Even if 50 advantage. However, if the cost of cor- local legislatures to set banking policy. state legislatures were able to act, the fed- One of the most effective tools states have eral law problem would still exist. recting this deficiency had been an for economic development is their jurisdic- Our local communities and the state’s role overall sacrifice of consumer and com- tion over state-chartered banks. If these in- in public policy formation will suffer if Con- munity protection laws, overriding H3094 CONGRESSIONAL RECORD — HOUSE May 21, 1997 States rights or granting broad, new in activities to the extent to which serves the State bank charter as a viable, authority for banks, I would have ob- they can conduct any activity in a host competitive alternative to the national bank jected to this measure. State. This bill does not grant banks charter. The dual banking system in the Unit- This measure does not sacrifice new powers. It respects home and host ed States has been vital to the development of consumer or States rights to maintain State regulatory authority with the the world's strongest banking system. State- a viable dual banking system. Working appropriate Federal oversight to deter- chartered banks are often the laboratory with the gentlewoman from New Jer- mine bank powers. The bill does pro- where new, innovative products are tested and sey [Mrs. ROUKEMA], subcommittee vide a safeguard to limit the extent to perfected. Checking accounts, electronic funds chairman, and the gentleman from which a bank may exercise its author- transfers, and bank insurance sales were all Iowa [Mr. LEACH], the chairman, and ity geographically and ensures a level introduced by State-chartered banks. others, the committee has been able to playing field within a host State be- However, the dual banking system has narrow and clarify the legislation. In- tween banks. come under assault recently. The Clinton ad- ministration has tried on no less than five oc- stead of an overly broad approach, we b 1145 have crafted a bill that will maintain a casions to impose Federal examination fees, Mr. Speaker, the House Committee viable State banking system without or taxes, on State-chartered banks, only to on Banking and Financial Services sup- unduly infringing on States rights and have them rejected overwhelmingly by the ports the bill banking system. This bi- prerogatives. House Banking Committee. Now, there is op- Under this bipartisan legislation, partisan bill is a needed step to ensure position to this legislation which was intro- State laws, particularly those affecting that our State banks remain a viable duced to ensure that the Riegle-Neal Inter- force in the marketplace, able to meet consumer protection, community rein- state Banking and Branching Efficiency Act the needs of consumer and local com- vestment, fair lending, and intrastate will be implemented in a manner which meets munities. branching will be preserved. its intended goal, which is to permit State- I urge my colleagues to support this Only under the limited cir- chartered banks to branch across State lines. measure. cumstances in which the Comptroller This Member was intimately involved in the Mr. Speaker, I reserve the balance of original Riegle-Neal Act, and was concerned preempts host State laws for national my time. banks will out-of-State State-char- at that time that States' rights were protected. Mrs. ROUKEMA. Mr. Speaker, I yield That's why this Member proposed and was tered banks similarly be exempted 2 minutes to the distinguished gen- from the laws of the host State. In joined by his distinguished colleague from tleman from Washington [Mr. Minnesota, Mr. VENTO, in offering the opt out those cases, the out-of-State bank will METCALF]. be required to follow its own home provision which was eventually included in that Mr. METCALF. Mr. Speaker, I rise act. However, this Member most certainly State laws as regards such activity. today in support of this important leg- Mr. Speaker, importantly we should does not agree with the argument, being islation that preserves States’ author- made by groups ranking from the Consumer keep in mind that in those instances, ity over a crucial area of their eco- the home State law cannot be weaker Federation of America to Consumers Union nomic well-being while establishing and the National Conference of State Legisla- than the Federal law. In fact, Federal greater competition in the banking in- law will be the floor and any home tures, that the bill is an assault on States' dustry. rights. This Member believes that this meas- State law will be an additional protec- As a member of the Committee on ure actually reinforces States' rights by main- tion for consumers within the host Banking and Financial Services in the State. taining the viability of the State charter by en- House and in my previous experiences suring parity with the national bank charter. Clearly, concerns still exist about the in the State senate, I have seen major impact of the basic Riegle-Neal inter- Therefore, Mr. Speaker, this Member will changes in the financial and banking vote in favor of this legislation and urges his state law upon the State consumer pro- arena in the last few years. I have tection, community reinvestment and colleagues to join him in approving this impor- great concern about some changes be- tant protection of the dual banking system. fair lending laws. However, the basis of cause they allow large, out-of-State na- Mr. VENTO. Mr. Speaker, I yield those concerns go to the original act, tional banks to branch into almost any such time as he may consume to the and the preemption authority of the State. This may be good for the large, distinguished gentleman from New Comptroller. This measure, H.R. 1306, but many of us see it as a huge threat York [Mr. LAFALCE]. the proposal we are considering, does for many smaller State-chartered Mr. LAFALCE. Mr. Speaker, I thank not expand that authority. Rather, this banks, the very same banks that make the gentleman from Minnesota for measure harmonizes those actions to their livelihood in small towns making yielding this time to me. ensure that out-of-State State-char- small loans to small businesses which, Mr. Speaker, I would encourage all tered banks are treated the same as in my opinion, is the backbone of the my colleagues to support this bill host State banks or national banks. Nation. The Riegle-Neal Clarification which I am very proud to have been an Mr. Speaker, when Congress did con- Act corrects this imbalance by preserv- original cosponsor of and to support it sider the original Riegle-Neal law, we ing the State charter as a viable option because I do believe its passage is vital did debate the national preemption au- for banks that seek to branch across to maintain the dual banking system. thority. The House version of the inter- State lines. It is the dual banking system that by state bill did eliminate the override au- H.R. 1306 levels the playing field for giving banks a choice of Federal or thority. However, the House did not small financial institutions and helps State charters has helped to ensure sustain that position in conference to maintain the dual banking system, that our U.S. banking industry has re- with the Senate. which is an objective for many Mem- mained strong and competitive. By al- I believe that both the gentleman bers of this House. A vote for H.R. 1306 lowing this choice the dual banking from Iowa [Mr. LEACH], the chairman, will be a vote for States rights, retain- system has created a healthy tension, and the gentlewoman from New Jersey ing State control over their economic indeed a competition, if my colleagues [Mrs. ROUKEMA], subcommittee chair- direction. I urge my colleagues to vote will, between the Federal bank charter man, agree with me that the preemp- for this important bill. and the State bank charter, and this tion authority of the Comptroller Mrs. ROUKEMA. Mr. Speaker, I yield has ensured that both Federal and should not be liberally used. There such time as he may consume to the State charters remain flexible, remain must be a clear and overwhelming ra- gentleman from Nebraska [Mr. BEREU- open to incorporating new market in- tionale for the exercise of such Comp- TER]. novations. Indeed, many of the banking troller power. (Mr. BEREUTER asked and was products which are commonplace today In the absence of this measure, how- given permission to revise and extend were first introduced under State char- ever, most State banks with out-of- his remarks.) ters and later incorporated into the State bank branches will likely change Mr. BEREUTER. Mr. Speaker, I rise Federal charter. to a national charter causing the atro- in support of H.R. 1306, and I urge its Now, when Congress passed the Inter- phy of the dual banking State-national adoption. state Banking and Branching bill of banking system. This measure clarifies Mr. Speaker, this Member rises in strong 1994, it did not, in my judgment, ade- the authority of State banks to engage support of this important legislation which pre- quately anticipate the negative impact May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3095 that it might have on State-chartered Our Nation has always had a dual ROUKEMA} again for her work in terms banks interested in branching outside banking system. A bank can choose a of her managing this bill within the their home States. However, in the 21⁄2 State charter or a national charter. As subcommittee, and the hearings that years since that legislation passed it a former Governor, I can tell you how were requested, I think, were very has become clear that State-chartered important maintaining a State charter helpful in terms of shaping and finally banks wanting to branch outside their is. An attractive State bank charter resolving some of the questions that I home States are at a significant dis- helps attract banking and business to a and other Members have and the lead- advantage relative to national banks State. It helps produce jobs and reve- ership of our colleague from New York, branching outside their home State. nue that help all citizens. This has one of the principle sponsors of this Why so? Well, it is due to the fact been important to the success of Dela- bill, a bill so important to his State he that the national bank regulator has ware and many other States. obviously gave great detail on that. the authority to permit national banks As we enter the age of interstate Mr. Speaker, again I would ask Mem- to conduct operations in all the States banking and branching it is necessary bers to support the bill. with some level of consistency. In con- to ensure that State banks can com- Mr. BACHUS. Mr. Speaker. I rise today in trast, under the existing interstate leg- pete fairly with national banks as more support of H.R. 1306, the Riegle-Neal Clari- islation State banks branching outside banking is done between States and fication Act of 1997. I commend Chairwoman their home State must comply with a across the Nation. This legislation will ROUKEMA for taking the lead on this issue and multitude of different State banking ensure that there is a level playing acting forcefully to make sure that interstate laws in each and every State in which field between State banks and national branching does not result in artificial impedi- they operate. banks. At the same time, it will pro- ments to the continued growth of State char- So the complications of complying tect consumers and maintain all nec- tered banks. This bill will simply clarify the with so many different State laws in essary safety and soundness standards original intent of the Riegle-Neal Interstate order to branch interstate has led for all banks. Branching and Efficiency Act of 1994 which I many State banks to conclude, and This is an excellent bill that enjoys cosponsored. This law, which goes into effect might lead even more to conclude, that bipartisan support. I congratulate the June 1, needs this clarification to fully address it would be much easier to switch to a gentlewoman from New Jersey [Mrs. the issue of various State banking regulations national Federal charter. It could get ROUKEMA], the chairman, the gen- and how this would affect a bank so bad that it could bring about the de- tleman from Minnesota [Mr. VENTO], headquartered in one State operating a mise of the dual banking system. The ranking member, and the members of branch in another. legislation we are considering today at- the committee and urge its passage. Mr. Speaker, we have heard almost unani- Mr. VENTO. Mr. Speaker, I reserve tempts to prevent this from occurring. mous testimony that the unfortunate and unin- Despite comprehensive agreements the balance of my time. tended consequences of our failure to make reached last year between all 50 State Mrs. ROUKEMA. Mr. Speaker, I yield these clarifications will be the devaluation of bank regulators, which attempted to such time as he may consume to the State bank charters in favor of national char- equalize the situation between State gentleman from Iowa [Mr. LEACH], the and national banks, many State banks distinguished chairman of the full ters and the gradual decline of the State bank- continue to find that there are simply Committee on Banking and Financial ing system. I am a firm believer in the dual too many legal complications and un- Services. banking system of State and federally char- certainties to deal with in trying to de- Mr. LEACH. Mr. Speaker, I thank the tered institutions and I am certain that the in- termine applicable law. gentlewoman for yielding this time to novation and tremendous strength enjoyed by The Interstate Clarification Act of me, and I will be very brief, and I just the American financial marketplace is due in 1997, today’s bill, makes it clear that would like to thank her very much for part to the dynamic created by these separate generally State-chartered banks her fine work in shepherding this bill charters. It will be indeed unfortunate if a vi- branching outside their home State through her subcommittee and would brant State bank is unwilling or unable to take will operate under the laws of the host stress that, A, it has the strong support advantage of interstate branching. Many State State except in narrow instances where of the committee, it is procompetitive, banks will simply not expand rather than com- host State law is inapplicable for the it enhances competition between State pete with national banks in another State or branches of an out-of-State national and national banks and therefore is convert to a national charter in order to grow. bank. Now this should contribute sig- very proconsumer because it will give Therefore, Mr. Speaker, I urge my colleagues nificantly to providing State banks consumers more options and more to vote for H.R. 1306. with some degree of certainty and con- places to do business. It makes pruden- Mr. VENTO. Mr. Speaker, I yield sistency as they conduct business in tial sense; it makes competitive sense. back the balance of my time. various States and should not artifi- It is a modest bill, but nonetheless a The SPEAKER pro tempore [Mr. cially disadvantage either State or na- significant bill, and because the timing BARRETT of Nebraska]. All time has ex- tionally chartered institutions. in which certain other laws go into pired. It should be emphasized though that place, it is brought in a very timely The question is on the motion offered the new legislation does nothing to basis to this floor, and I urge its adop- by the gentlewoman from New Jersey change the original law which requires tion. [Mrs. ROUKEMA] that the House suspend both national banks and State banks Mr. VENTO. Mr. Speaker, I have no the rules and pass the bill, H.R. 1306, as to comply with the laws of the host further requests for time. I reserve the amended. State in four important areas of law, balance of my time. The question was taken; and (two- community reinvestment, consumer Mrs. ROUKEMA. Mr. Speaker, I yield thirds having voted in favor thereof) protection, fairer lending, and intra- myself such time as I may consume. the rules were suspended and the bill, state branching. Those host State laws Mr. Speaker, I would just like to con- as amended, was passed. must still apply. clude by again thanking my ranking A motion to reconsider was laid on Mr. VENTO. Mr. Speaker, I reserve member and all the members on the the table. the balance of my time. committee. We worked in a very posi- f Mrs. ROUKEMA. Mr. Speaker, I yield tive bipartisan way to clarify any am- GENERAL LEAVE 1 minute to the distinguished gen- biguities that existed, we have refined tleman from Delaware [Mr. CASTLE], a those applications of the law with re- Mrs. ROUKEMA. Mr. Speaker, I ask valuable member of the committee. spect to consumers, and above all, we unanimous consent that all Members Mr. CASTLE. Mr. Speaker, I thank have, I think with this action, pro- may have 5 legislative days in which to the gentlewoman for yielding me the tected the dual banking system while revise and extend their remarks and in- time. at the same time gaining the advan- clude extraneous material on H.R. 1306, Mr. Speaker, I rise in strong support tages of interstate banking. the bill just passed. of H.R. 1306, which will clarify the Rie- Mr. VENTO. Mr. Speaker, I yield my- The SPEAKER pro tempore. Is there gle-Neal Interstate Banking Act to pro- self such time as I may consume. objection to the request of the gentle- tect the viability of the State banking Mr. Speaker, I just want to thank the woman from New Jersey? charter. gentlewoman from New Jersey [Mrs. There was no objection. H3096 CONGRESSIONAL RECORD — HOUSE May 21, 1997 VOLUNTEER PROTECTION ACT OF availability of programs, nonprofit organiza- (4) A State law that makes a limitation of li- 1997 tions, and governmental entities that depend on ability applicable only if the nonprofit organiza- volunteer contributions by reforming the laws to tion or governmental entity provides a finan- Mr. INGLIS of South Carolina. Mr. provide certain protections from liability abuses cially secure source of recovery for individuals Speaker, I move to suspend the rules related to volunteers serving nonprofit organiza- who suffer harm as a result of actions taken by and pass the bill (H.R. 911) to encour- tions and governmental entities. a volunteer on behalf of the organization or en- age the States to enact legislation to SEC. 3. PREEMPTION AND ELECTION OF STATE tity. A financially secure source of recovery may grant immunity from personal civil li- NONAPPLICABILITY. be an insurance policy within specified limits, ability, under certain circumstances, (a) PREEMPTION.—This Act preempts the laws comparable coverage from a risk pooling mecha- to volunteers working on behalf of non- of any State to the extent that such laws are in- nism, equivalent assets, or alternative arrange- ments that satisfy the State that the organiza- profit organizations and governmental consistent with this Act, except that this Act shall not preempt any State law that provides tion or entity will be able to pay for losses up to entities, as amended. additional protection from liability relating to a specified amount. Separate standards for dif- The Clerk read as follows: volunteers or to any category of volunteers in ferent types of liability exposure may be speci- H.R. 911 the performance of services for a nonprofit orga- fied. Be it enacted by the Senate and House of Rep- nization or governmental entity. (e) LIMITATION ON PUNITIVE DAMAGES BASED resentatives of the United States of America in (b) ELECTION OF STATE REGARDING NON- ON THE ACTIONS OF VOLUNTEERS.— Congress assembled, APPLICABILITY.—This Act shall not apply to any (1) GENERAL RULE.—Punitive damages may not be awarded against a volunteer in an action SECTION 1. SHORT TITLE. civil action in a State court against a volunteer brought for harm based on the action of a vol- This Act may be cited as the ‘‘Volunteer Pro- in which all parties are citizens of the State if unteer acting within the scope of the volunteer’s tection Act of 1997’’. such State enacts a statute in accordance with State requirements for enacting legislation— responsibilities to a nonprofit organization or SEC. 2. FINDINGS AND PURPOSE. (1) citing the authority of this subsection; governmental entity unless the claimant estab- (a) FINDINGS.—The Congress finds and de- (2) declaring the election of such State that lishes by clear and convincing evidence that the clares that— this Act shall not apply, as of a date certain, to harm was proximately caused by an action of (1) the willingness of volunteers to offer their such volunteer which constitutes willful or services is deterred by the potential for liability such civil action in the State; and (3) containing no other provisions. criminal misconduct, or a conscious, flagrant in- actions against them; difference to the rights or safety of the individ- (2) as a result, many nonprofit public and pri- SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- TEERS. ual harmed. vate organizations and governmental entities, (2) CONSTRUCTION.—Paragraph (1) does not (a) LIABILITY PROTECTION FOR VOLUNTEERS.— including voluntary associations, social service create a cause of action for punitive damages Except as provided in subsections (b) and (d), no agencies, educational institutions, and other and does not preempt or supersede any Federal volunteer of a nonprofit organization or govern- civic programs, have been adversely affected by or State law to the extent that such law would mental entity shall be liable for harm caused by the withdrawal of volunteers from boards of di- further limit the award of punitive damages. an act or omission of the volunteer on behalf of rectors and service in other capacities; (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- the organization or entity if— (3) the contribution of these programs to their ITY.— (1) the volunteer was acting within the scope communities is thereby diminished, resulting in (1) IN GENERAL.—The limitations on the liabil- fewer and higher cost programs than would be of the volunteer’s responsibilities in the non- ity of a volunteer under this Act shall not apply obtainable if volunteers were participating; profit organization or governmental entity at to any misconduct that— (4) because Federal funds are expended on the time of the act or omission; (A) constitutes a crime of violence (as that useful and cost-effective social service programs, (2) if appropriate or required, the volunteer term is defined in section 16 of title 18, United many of which are national in scope, depend was properly licensed, certified, or authorized States Code) or act of international terrorism (as heavily on volunteer participation, and rep- by the appropriate authorities for the activities that term is defined in section 2331 of title 18) resent some of the most successful public-private or practice in the State in which the harm oc- for which the defendant has been convicted in partnerships, protection of volunteerism through curred, where the activities were or practice was any court; clarification and limitation of the personal li- undertaken within the scope of the volunteer’s (B) constitutes a hate crime (as that term is ability risks assumed by the volunteer in con- responsibilities in the nonprofit organization or used in the Hate Crime Statistics Act (28 U.S.C. nection with such participation is an appro- governmental entity; 534 note)); priate subject for Federal legislation; (3) the harm was not caused by willful or (C) involves a sexual offense, as defined by (5) services and goods provided by volunteers criminal misconduct, gross negligence, reckless applicable State law, for which the defendant and nonprofit organizations would often other- misconduct, or a conscious, flagrant indiffer- has been convicted in any court; wise be provided by private entities that operate ence to the rights or safety of the individual (D) involves misconduct for which the defend- in interstate commerce; harmed by the volunteer; and ant has been found to have violated a Federal (6) due to high liability costs and unwar- (4) the harm was not caused by the volunteer or State civil rights law; or ranted litigation costs, volunteers and nonprofit operating a motor vehicle, vessel, aircraft, or (E) where the defendant was under the influ- organizations face higher costs in purchasing other vehicle for which the State requires the ence (as determined pursuant to applicable insurance, through interstate insurance mar- operator or the owner of the vehicle, craft, or State law) of intoxicating alcohol or any drug at kets, to cover their activities; and vessel to— the time of the misconduct. (7) clarifying and limiting the liability risk as- (A) possess an operator’s license; or (2) RULE OF CONSTRUCTION.—Nothing in this sumed by volunteers is an appropriate subject (B) maintain insurance. subsection shall be construed to effect sub- for Federal legislation because— (b) CONCERNING RESPONSIBILITY OF VOLUN- section (a)(3) or (e). (A) of the national scope of the problems cre- TEERS TO ORGANIZATIONS AND ENTITIES.—Noth- SEC. 5. LIABILITY FOR NONECONOMIC LOSS. ated by the legitimate fears of volunteers about ing in this section shall be construed to affect (a) GENERAL RULE.—In any civil action frivolous, arbitrary, or capricious lawsuits; any civil action brought by any nonprofit orga- against a volunteer, based on an action of a vol- (B) the citizens of the United States depend nization or any governmental entity against unteer acting within the scope of the volunteer’s on, and the Federal Government expends funds any volunteer of such organization or entity. responsibilities to a nonprofit organization or on, and provides tax exemptions and other con- (c) NO EFFECT ON LIABILITY OF ORGANIZATION governmental entity, the liability of the volun- sideration to, numerous social programs that de- OR ENTITY.—Nothing in this section shall be teer for noneconomic loss shall be determined in pend on the services of volunteers; construed to affect the liability of any nonprofit accordance with subsection (b). (C) it is in the interest of the Federal Govern- organization or governmental entity with re- (b) AMOUNT OF LIABILITY.— ment to encourage the continued operation of spect to harm caused to any person. (1) IN GENERAL.—Each defendant who is a volunteer service organizations and contribu- (d) EXCEPTIONS TO VOLUNTEER LIABILITY volunteer, shall be liable only for the amount of tions of volunteers because the Federal Govern- PROTECTION.—If the laws of a State limit volun- noneconomic loss allocated to that defendant in ment lacks the capacity to carry out all of the teer liability subject to one or more of the fol- direct proportion to the percentage of respon- services provided by such organizations and vol- lowing conditions, such conditions shall not be sibility of that defendant (determined in accord- unteers; and construed as inconsistent with this section: ance with paragraph (2)) for the harm to the (D)(i) liability reform for volunteers, will pro- (1) A State law that requires a nonprofit orga- claimant with respect to which that defendant mote the free flow of goods and services, lessen nization or governmental entity to adhere to is liable. The court shall render a separate judg- burdens on interstate commerce and uphold con- risk management procedures, including manda- ment against each defendant in an amount de- stitutionally protected due process rights; and tory training of volunteers. termined pursuant to the preceding sentence. (ii) therefore, liability reform is an appro- (2) A State law that makes the organization or (2) PERCENTAGE OF RESPONSIBILITY.—For pur- priate use of the powers contained in article 1, entity liable for the acts or omissions of its vol- poses of determining the amount of noneconomic section 8, clause 3 of the United States Constitu- unteers to the same extent as an employer is lia- loss allocated to a defendant who is a volunteer tion, and the fourteenth amendment to the ble for the acts or omissions of its employees. under this section, the trier of fact shall deter- United States Constitution. (3) A State law that makes a limitation of li- mine the percentage of responsibility of that de- (b) PURPOSE.—The purpose of this Act is to ability inapplicable if the civil action was fendant for the claimant’s harm. promote the interests of social service program brought by an officer of a State or local govern- SEC. 6. DEFINITIONS. beneficiaries and taxpayers and to sustain the ment pursuant to State or local law. For purposes of this Act: May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3097 (1) ECONOMIC LOSS.—The term ‘‘economic Mr. INGLIS of South Carolina. Mr. them to defend against frivolous law- loss’’ means any pecuniary loss resulting from Speaker, I yield myself such time as I suits. harm (including the loss of earnings or other may consume. By passing the Volunteer Protection benefits related to employment, medical expense Mr. Speaker, today we will consider Act, we will promote voluntarism by loss, replacement services loss, loss due to death, burial costs, and loss of business or employment the Volunteer Protection Act of 1997. removing the risk of getting sued for opportunities) to the extent recovery for such My distinguished colleague from Illi- acts of kindness. loss is allowed under applicable State law. nois, Mr. PORTER, has worked on this Mr. Speaker, I yield such time as he (2) HARM.—The term ‘‘harm’’ includes phys- bill for some time now, and I hope that may consume to the gentleman from ical, nonphysical, economic, and noneconomic we will fulfill his hard work today in Illinois [Mr. PORTER], who has done losses. this House. such fine work on this bill for a num- (3) NONECONOMIC LOSSES.—The term ‘‘non- Our Nation has an extensive tradi- ber of years and whose work we are economic losses’’ means losses for physical and tion of volunteering. It is almost im- now hopefully going to fulfill today. emotional pain, suffering, inconvenience, phys- possible to be an American and not Mr. PORTER. Mr. Speaker, I thank ical impairment, mental anguish, disfigurement, the gentleman from South Carolina for loss of enjoyment of life, loss of society and com- have had contact with one of the hun- panionship, loss of consortium (other than loss dreds of public service groups. The cir- yielding, and for his great leadership of domestic service), hedonic damages, injury to cumstances surrounding that volunteer on this issue. reputation and all other nonpecuniary losses of work are as pleasant as a Girl Scout Let me say that H.R. 911, Mr. Speak- any kind or nature. camping trip or as tragic added flood er, was originally introduced in 1986 in (4) NONPROFIT ORGANIZATION.—The term relief. Now our tradition is in danger Congress and was introduced in every ‘‘nonprofit organization’’ means— like never before. One of the reasons is Congress since that time. It has repeat- (A) any organization which is described in frivolous lawsuits. edly had over 200 Members as cospon- section 501(c)(3) of the Internal Revenue Code of sors and about 30 to 40 percent of those 1986 and exempt from tax under section 501(a) of Mr. Speaker, across the country the such Code and which does not practice any ac- fear of getting sued keeps people from cosponsors were our colleagues from tion which constitutes a hate crime referred to volunteering. In a recent Gallup survey the other side of the aisle. It has had in subsection (b)(1) of the first section of the one in six volunteers reported with- very, very strong bipartisan support. Hate Crime Statistics Act (28 U.S.C. 534 note); or holding their services for fear of being Nevertheless, until this Congress, the (B) any not-for-profit organization which is sued. About 1 in 10 nonprofit groups re- bill had never had a hearing and was organized and conducted for public benefit and port the resignation of a volunteer over strongly opposed by the American operated primarily for charitable, civic, edu- the threat of liability. Trial Lawyers Association. cational, religious, welfare, or health purposes b In 1993, even without a hearing, Mr. and which does not practice any action which 1200 Speaker, it was offered by me as an constitutes a hate crime referred to in subsection I have seen this problem firsthand. In (b)(1) of the first section of the Hate Crime Sta- amendment to the National Service tistics Act (28 U.S.C. 534 note). my district, for example, a group called Act, and was adopted on a voice vote, (5) STATE.—The term ‘‘State’’ means each of Christmas in April, associated with a and then on a motion to instruct con- the several States, the District of Columbia, the national organization, rehabilitates ferees to keep that amendment for vol- Commonwealth of Puerto Rico, the Virgin Is- houses, creating all kinds of possibili- unteer protection in the act. The vote lands, Guam, American Samoa, the Northern ties for frivolous lawsuits. Fear of get- was 422 to nothing. Cynically, however, Mariana Islands, any other territory or posses- ting sued is omnipresent and getting Mr. Speaker, it was stripped out imme- sion of the United States, or any political sub- worse all the time. diately in conference and never adopt- division of any such State, territory, or posses- I can illustrate with an example. As- sion. ed. sume a volunteer is working on one of (6) VOLUNTEER.—The term ‘‘volunteer’’ means In 1997, this year, the gentleman an individual performing services for a non- those houses and his or her hammer from Illinois [Mr. HYDE], chairman of profit organization or a governmental entity head falls off and hits the homeowner’s the Committee on the Judiciary, grant- who does not receive— parked car. Should the homeowner be ed hearings. Senators COVERDELL and (A) compensation (other than reasonable reim- able to sue the volunteer? Reasonable MCCONNELL over on the Senate side bursement or allowance for expenses actually people, I believe, would say no. The provided leadership to bring the bill to incurred); or volunteer did not intend to hit the car the Senate floor where it passed 99 to 1. (B) any other thing of value in lieu of com- and was not negligent in losing the Over here on this side, my colleague, pensation, hammer. If one is being a good Samari- the gentleman from South Carolina in excess of $500 per year, and such term in- tan and there is an accident that is not [Mr. INGLIS] provided the leadership in cludes a volunteer serving as a director, officer, trustee, or direct service volunteer. one’s fault, one should not get sued. the House to make a good bill even bet- That is the commonsense intent of SEC. 7. EFFECTIVE DATE. ter. this bill and here is how it would pro- The Inglis legislation, which was re- (a) IN GENERAL.—This Act shall take effect 90 days after the date of enactment of this Act. tect volunteers. First, the bill provides ported out by the Committee on the (b) APPLICATION.—This Act applies to any that volunteers will not be liable for Judiciary, provides a uniform national claim for harm caused by an act or omission of harm caused by their acts, as long as standard for protecting volunteers, but a volunteer where that claim is filed on or after they are acting in good faith. To have allows States to opt out by an affirma- the effective date of this Act but only if the this protection, the volunteers must tive act if they do not wish to be cov- harm that is the subject of the claim or the con- act within the scope of their respon- ered. The original bill merely encour- duct that caused such harm occurred after such sibilities in the organization and must aged State action. H.R. 911 now pro- effective date. not cause harm by willful or criminal vides a national standard for all volun- The SPEAKER pro tempore. Pursu- misconduct, gross negligence, or reck- teers. ant to the rule, the gentleman from less misconduct. The problem, Mr. Speaker, is not South Carolina [Mr. INGLIS] and the Second, the bill offers no protection that volunteers are having to pay large gentlewoman from Texas [Ms. JACK- for individuals who commit hate judgments, that has not occurred in SON-LEE] each will control 20 minutes. crimes, violent crimes, section crimes, our legal system, but what has oc- The Chair recognizes the gentleman or who violate the civil rights of oth- curred is that volunteers have rou- from South Carolina [Mr. INGLIS]. ers. The bill also does not apply when tinely been named as defendants in GENERAL LEAVE defendants were under the influence of lawsuits and have had to hire an attor- Mr. INGLIS of South Carolina. Mr. drugs or alcohol. ney, go to court, and attend to all the Speaker, I ask unanimous consent that Third, the bill allows States to opt costs and time obligations that that in- all members may have 5 legislative out if they choose not to adhere to volves. days to revise and extend their re- these standards. In sum, Mr. Speaker, Volunteers, Mr. Speaker, are central marks on the bill under consideration. this bill sets a very commonsense to our society. America could not oper- The SPEAKER pro tempore. Is there standard for protecting volunteers. It ate without them. The fact that so objection to the request of the gen- makes sense that volunteer groups many have been named as defendants tleman from South Carolina? should use their scarce resources to do has had a chilling effect, both on direct There was no objection. their work of mercy rather than use service volunteers and as those who H3098 CONGRESSIONAL RECORD — HOUSE May 21, 1997 would serve as members of boards of di- gratified that there were many oppor- represented. This creates an even play- rectors of charitable organizations. tunities to agree, and I thank the gen- ing field for our volunteers, which we That is why, Mr. Speaker, there are tleman for his work on this matter. cherish. Just a few weeks ago, the 124 separate charitable organizations In 1996, the Nonprofit Risk Manage- President, , and others, that support this legislation very ment Center and the American Bar As- raised up the call for voluntarism. strongly. They range from the Amer- sociation published an analysis of I hope as we speak today, more and ican Association of University Women State liability laws for charitable orga- more people are volunteering every- to the American Heart Association, to nizations and volunteers. Their find- where and throughout their commu- the American Red Cross, to the Amer- ings revealed that prior to the last dec- nity, not necessarily the large entities, ican Symphony Orchestra League, to ade, the number of lawsuits filed but working in their neighborhood rec- B’nai Brith International, the Girl against volunteers might have been reational centers, in their churches and Scout Council USA, the National Asso- counted on one hand, perhaps with fin- parishes and synagogues, or maybe ciation of Retired Federal Employees, gers left over. Although the law per- simply on their block. the National Easter Seal Society, the mitted suits against volunteers, in A few laws even permit suits based Salvation Army, Save the Children, practice no one sued them, and volun- on negligence, which, as I said, nul- , the YMCA. Any national teers had little reason to worry about lifies the purpose for which they are of- organization that one can think of personal liability. fered, and some States are having laws probably is a strong supporter of this In the mid-1980’s, that changed. More confusingly worded. Even the very best legislation. volunteers were sued and those suits laws require a careful analysis to de- I commend the leadership of our attracted national media attention. termine which volunteers they cover Committee on the Judiciary, and the Thus, many individuals were deterred and what exceptions they contain. The gentleman from South Carolina [Mr. from volunteering their services to goal of H.R. 911 is to establish volun- teer protection laws that are not con- INGLIS] in particular, for moving this nonprofit organizations. The nonprofit legislation ahead so strongly. I com- organizations that thrive on the serv- fusing and are easily applicable in a ju- mend it to the Members. I hope that ices of volunteers have been hurt by dicial proceeding. However, this bill the House will see fit to pass it with the drastic reduction of volunteers who also states that nothing in this act shall be construed to preempt the law the same good margin as the Senate. were scared away because of the rising (Ms. JACKSON-LEE of Texas asked threat of suits. governing tort liability actions. Let me also note, and I appreciate and was given permission to revise and I raised issues in committee which I and will engage the gentleman from extend her remarks.) would like to comment on. This legis- South Carolina [Mr. INGLIS] in a col- Ms. JACKSON-LEE of Texas. Mr. lation in no way counters the rights of loquy later in the debate, but let me Speaker, I yield myself such time as I citizens to go in and address their appreciate very much the support of may consume. grievances or to not seek remedy for the members of the Committee on the Mr. Speaker, I support the concept of being harmed. I think it is extremely Judiciary for clarifying that this par- volunteer tort liability legislation. The important that we recognize the impor- ticular legislation does not promote purpose of this act is to promote the tance that where there is an extreme hate groups and their activities. interests of social service program degree of culpability on the part of an Mr. Speaker, volunteers are essential beneficiaries and taxpayers and to sus- entity that there should be relief on be- to the everyday workings of nonprofit tain the availability of programs and half of that individual. This is to give service organizations. In fact, we begin nonprofit organizations and govern- protection, if you will, to the thou- to teach our children voluntarism. ment agencies that depend on volun- sands upon thousands upon thousands With that in mind, I hope that this leg- teer contributions. upon millions of volunteers who volun- islation will be seen for what it is, sim- Let me first of all thank the leading teer without danger to those they vol- ply a good measure to both protect proponent of this legislation. I think I unteer on behalf of. those who are volunteered upon as well was just with him in an appropriations Since 1986 at least 20 States have as those who volunteer. It is important meeting where he gave the history of passed some form of volunteer immu- that we remember the good samari- his advocacy. Since 1986, I believe, the nity legislation. However, all of this tans. gentleman from Illinois [Mr. PORTER] legislation has given a false impression Mr. Speaker, I support the concept of volun- has been on the side of encouraging a that volunteers nationwide are im- teer tort liability legislation. The purpose of this volunteer spirit that does not hamper mune from lawsuits. To the contrary, act is to promote the interests of social service or hinder the quality of the volunteer many volunteers remain fully liable for program beneficiaries and taxpayers and to service, but protects the dedicated vol- any harm they cause and all volunteers sustain the availability of programs and non- unteer. remain liable for some actions. Fur- profit organizations and government agencies None of this suggests that we are in- thermore, some State laws exclude that depend on volunteer contributions. As a terested in protecting section offend- gross negligence or some other cat- result, H.R. 911 encourages the States to ers, criminals, and others who may find egory of error above negligence. A few enact legislation to grant immunity from per- their way into the warm and com- laws even permit suits based on neg- sonal civil liability, under certain cir- fortable settings of Girl Scouts, Boy ligence, which nullifies the purpose for cumstances, to volunteers working on behalf Scouts, other types of volunteer enti- which they are offered. of nonprofit organizations and government en- ties. We are suggesting that the bulk of Some of the State laws are confus- tities. America’s volunteers are the average ingly worded, exceptionally com- In 1996, the Nonprofit Risk Management Mr. and Mrs. America in the urban and plicated, designed for profit making Center and the American Bar Association pub- rural communities who every day rise when other problems arise. lished an analysis of State liability laws for up to support causes in our cities and Let me say a note if I might to the charitable organizations and volunteers. There in our counties and in our States. legal community. From my perspec- findings revealed that, prior to the last decade, As a result, H.R. 911 encourages the tive, this is not a bashing the legal the number of lawsuits filed against volunteers States to enact legislation to grant im- community legislation, and I would might have been counted on one hand, per- munity from personal civil liability like to defend them. I have never seen haps with fingers left over. Although the law under certain circumstances to volun- a calling which has so many accusers, permitted suits against volunteers, in practice teers working on behalf of nonprofit or- and I would venture to say that no one sued them and volunteers had little ganizations and government entities. throughout this Nation there are a reason to worry about personal liability. In the Let me as well acknowledge the gen- body of individuals, lawyers who prac- mid-1980's, that changed. More volunteers tleman from Illinois [Mr. HYDE] our tice before the bar, who raise up the were sued and those suits attracted national chairman of the Committee on the Ju- highest standards of the legal profes- media attention. Thus, many individuals were diciary, and the gentleman from South sion. deterred from volunteering their services to Carolina [Mr. INGLIS] for their work in I would hope that this discussion nonprofit organizations. The nonprofit organi- committee, and of course, although we does not relegate itself to lawyer bash- zations that thrive on the services of volun- had opportunities to disagree, I am ing, for every citizen deserves to be teers have been hurt by the drastic reduction May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3099 of volunteers who are scared away because of b 1215 Three years ago I voted against the the rising threat of suits. Since 1986, at least Ms. JACKSON-LEE of Texas. Mr. current bill because it federalized the 20 States have passed some form of volun- Speaker, I yield 7 minutes to the gen- criminal code. One year ago I voted teer-immunity legislation. However, all of this tleman from Illinois [Mr. MANZULLO]. against the terrorism bill for the same legislation has given a false impression that Mr. MANZULLO. Mr. Speaker, I rise reason. Today I will vote against this volunteers nationwide are immune from suit. procedurally in opposition to this bill, bill because I disagree with federalizing To the contrary, many volunteers remain fully theoretically in favor of it. I will ex- tort law for volunteers. It is different liable for any harm they cause and all volun- plain that during the course of my re- from issues of product liability, where teers remain liable for some actions. Further- marks. in those cases I favor Federal legisla- more, some State laws exclude gross neg- Mr. Speaker, I rise today concerned tion because there is interstate and ligence or some other category of error above and in opposition to this bill. This is worldwide commerce with regard to negligence. A few laws even permit suits very difficult, because the Volunteer the production of a particular item. based on negligence, which nullifies the pur- Protection Act of 1997 is legislation H.R. 911 is entirely different. I recog- pose for which they are offered. Some of the that has the greatest of intentions. nize the increasing liability problems State laws are confusingly worded, exception- There is no question in my mind that of a not-for-profit. My wife and I helped ally complicated, designed for profit-making the sponsor of it, my distinguished col- to start the crisis pregnancy centers in corporations, or otherwise problematic. Even league, the gentleman from Illinois Rockford, IL. It is important, however, the very best laws require a careful analysis to [Mr. PORTER] is sincerely concerned to allow States the rights and opportu- determine which volunteers they cover and about the issue of volunteer liability. nities to resolve these issues, because that is what federalism is about, that what exceptions they contain. However, the legislation presented before us today is vastly different than it allows the States the options to The goal of H.R. 911 is to establish volun- that of the original bill, which has over come up and craft their own types of teer protection laws that are not confusing and 150 cosponsors. I encourage those who laws. are easily applicable in a judicial proceeding. cosponsored H.R. 911 as it was intro- Now, let us take this bill and defeat However, this bill also states that nothing in duced originally to read carefully the it, and bring it back in the proper this act shall be construed to preempt the laws amended version of the bill. Section 3 form. What I would suggest is this: I of any State governing tort liability actions. Mr. of the original bill stated that nothing would suggest that Congress enact on Chairman, volunteers are essential to the in this act shall be construed to pre- the Federal level, if it so chooses, a every day workings of nonprofit service organi- empt the laws of any State governing special type of bill to protect volun- zations. It is important that we provide protec- tort liability actions. teers, make it applicable in Federal tion to these good samaritans. The original bill stated that in cases courts or at the discretion in the State Mr. Speaker, I reserve the balance of where a State certifies that it has en- court, providing that there is a finding my time. acted this type of bill, then there of interstate commerce. That would Mr. INGLIS of South Carolina. Mr. would be an increase in the social serv- give a jurisdictional basis so that this Speaker, I yield 1 minute to the gen- ices block grant program under title 20 Congress can constitutionally act with- tleman from Ohio [Mr. BOEHNER], the of the Social Security Act. In other in the parameters of what we are bound distinguished chairman of the Repub- words, a State could opt into the Fed- by. That is the Constitution. lican Conference. eral law, and if a State did nothing, Mr. Speaker, I rise today in favor of State law nonetheless applied. This this type of legislation. But we have to Mr. BOEHNER. Mr. Speaker, I want would keep the principles of federal- protect the rights and allow the States to congratulate the members of the ism. to move in this area, unless there is ju- Committee on the Judiciary for bring- However, H.R. 911, as amended, is a risdiction. ing this important piece of legislation major change from that standard. Sec- The gentleman from South Carolina to the floor today. I particularly want tion 3(a) of H.R. 911, as amended, states [Mr. INGLIS] said what happens in the to give thanks to our colleague, the that the act preempts the laws of any case that a hammer drops on the hood gentleman from Illinois [Mr. PORTER], State to the extent that such laws are of a car. There is absolutely no Federal for his hard work on this subject for inconsistent with this act, unless the connection. If we were to follow the many years. State goes further in protecting volun- language of the substitute bill, under Mr. Speaker, this is important legis- teers. this bill, if a hammer drops on a car lation that is long overdue. It is impor- Under the amended version, States there would be Federal jurisdiction. tant for our citizens who volunteer; it must specifically choose under certain Under this bill, because insurance is is important for those groups that do circumstances not to be covered under purchased through interstate insurance so much for our communities, and to the proposed bill, and the State still markets, there would be Federal juris- those who need the services that volun- cannot opt out entirely because it diction. teers provide. changes such important issues as Mr. Speaker, that means that simply because somebody buys insurance, that As General Powell stated so compel- whether or not the State has jurisdic- means that the Federal Government lingly in a few weeks ago, tion of the particular action. We realize there are liability prob- will now take over the entire field of our volunteers share our Nation’s most lems with the not-for-profits, but not saying that this is interstate com- important asset: the guiding hands and every problem means that there is a merce, and therefore, we have jurisdic- caring hearts of the American people. Federal solution. The issue of volun- tion. Millions of people volunteer on a daily teer liability has been addressed by This bill also says that where there basis for one big reason: because they many States because the States have are private entities that operate in care. Their caring not only builds exclusive authority over that, with the interstate commerce, the law is very homes for Habitat for Humanity, not exception of very few areas. What we clear as set forth by the Lopez deci- only helps children and adults reach are considering here today is legisla- sion. Let us not federalize everything. the goal of literacy, not only does that tion that will federalize tort law for This body yesterday just passed a bill caring result in coaches for Little volunteers. I am unconvinced there is to try to devolve power back to the League and scout leaders for Girl any blanket Federal jurisdiction with States, away from the Federal Govern- Scouts and Boy Scouts, this is the type regard to volunteer protection. ment. We should be doing that. We of action that we want to promote on States may vary in how they deal should be taking the original H.R. 911 behalf of communities in America. with the problems, but it is their pre- of the gentleman from Illinois [Mr. Government can provide some level rogative to do so. It is not a Federal PORTER], which encourages the States of service, but if we are going to be suc- matter. There is no Federal law in- to pass this type of legislation and, as cessful in solving our Nation’s prob- volved. There is absolutely no connec- part of the encouragement, allows lems, we need to reach out and we need tion with interstate commerce. I per- more Federal funds in certain types of to allow these organizations to do the sonally like the bill, and if a member programs. But the original H.R. 911 is best that they can do, and this bill will of the State legislature, would vote in so totally and dramatically different help that. favor of it. from this one that I cannot support it. H3100 CONGRESSIONAL RECORD — HOUSE May 21, 1997 Mr. INGLIS of South Carolina. Mr. and we got into a massive debate about be dealing with. They sent us here to Speaker, I am happy to yield 3 minutes whether the Federal Government ought protect the rights of the States in our to the gentleman from Tennessee [Mr. to be requiring residents of public Federalist system. BRYANT], a member of the committee. housing to volunteer. I thought that is what my colleagues Mr. BRYANT of Tennessee. Mr. It was not about whether we sup- stood for on the Republican side, and I Speaker, I thank the gentleman for ported voluntarism or not. It was hope one day they will come back to yielding time to me. Also let me ex- about the relationship that should that realization and start standing up tend my congratulations and thanks to exist between the Federal Government for States’ rights, which they give so the members of the Committee on the and the State government, and the much lip service to, rather than just Judiciary, our chairman, the gen- gentleman from Illinois [Mr. doing what is convenient when it is po- tleman from Illinois [Mr. HYDE], and MANZULLO] has hit the nail completely litically popular to do so. This is a bad also the chairman, the gentleman from on the head on that issue. idea. We ought to defeat it, send it Illinois [Mr. PORTER], for the work he It amazes me the extent to which we back, and let the State legislators do has done in this area. will go to make ourselves reelectable. it. I do rise in support of H.R. 911. I be- We will disregard any kind of prin- Mr. INGLIS of South Carolina. Mr. lieve this is a good bill. I think, No. 1, ciples if it makes us look good, and we Speaker, I am pleased to yield 21⁄4 min- it is a timely bill. As has already been will get on a one-track mindset, and utes to the gentleman from Illinois said today, given the renewed spirit of the one-track mindset for the last 2 or [Mr. HYDE], the distinguished chairman voluntarism advocated by our Presi- 3 weeks has been voluntarism, and let of the Committee on the Judiciary. dent and other distinguished leaders, us do everything we can do to support (Mr. HYDE asked and was given per- private citizens ought to be encouraged voluntarism. mission to revise and extend his re- to get involved without fear of an un- Mr. Speaker, there are some prin- marks.) ciples here that are more important justified lawsuit. Unfortunately, in to- b 1230 day’s litigious society such concerns than voluntarism. I thought that my are very real, and have had a chilling Republican colleagues, of all people, Mr. HYDE. Mr. Speaker, I thank the effect on voluntarism. supported those principles of believing gentleman from South Carolina for No. 2, this bill is appropriate. I have in the rights of States to have certain yielding me the time. a great deal of respect for my col- territory within our Federalist system If I may respond to the rather stri- league, the gentleman from Illinois that they have jurisdiction over. This dent criticism of this bill by the gen- [Mr. MANZULLO], and he certainly is one of those areas. tleman from North Carolina [Mr. makes a very good argument on this There is no reason that we ought to WATT], there is a practical reason why issue, but it is one with which I would be federalizing the entire tort law of Federal preemption occurs here. Many disagree. I think with volunteers serv- the Nation related to volunteers. We of the disasters, such as the earth- ing both from within and without their have no jurisdiction. It is unconstitu- quakes in California, the forest fires, home State, a Federal, consistent law tional, probably, for us to do that, to hurricanes in Florida attract volun- is certainly needed. If a State strongly take an issue that has no connection teers from across State lines. The Red disagrees with this, then that State, as with the Federal Government and turn Cross, for example, would like to be he pointed out and as I would state it in such a way that we preempt all able to train people to go in for disas- today, has the option to opt out com- State law, and then say we are not ter relief for people to train other vol- pletely. overstepping our bounds; in fact, we be- unteers, and it is important that they Finally, No. 3, this bill is reasonable. lieve in States’ rights. not have to concern themselves with a It protects a volunteer, not the organi- Mr. Speaker, my colleagues on the checkerboard of liability laws. zation but the volunteer herself, who is other side of the aisle keep telling me In addition, there is a very small in- serving within the scope of her duties that they believe in States’ rights, and surance market to cover volunteers. with the organization. It protects him I keep saying, ‘‘Well, when are you The cost of that insurance becomes or her from the day-to-day ordinary, going to show it? When are you plan- prohibitive if it has to be complicated simple negligence cases. It does not ning to stand up, and stand up for the by a plethora of liability standards protect against willful negligence, will- rights of States in the Federalist sys- from State to State. ful conduct, gross negligence, a crimi- tem?’’ So from a very practical point of nal act, drug use, alcohol, or in a situa- They federalize juvenile justice, they view, and sometimes that is inconven- tion where a vehicle is involved. tried to federalize tort law, they tried ient, but from a very practical point of As such, I think it is overall a very to federalize the criminal law. Now view, it is useful to have a Federal pre- good bill, one that we were proud to here we are, trying to federalize an ob- emption in many cases so that volun- vote out from the Committee on the ligation of the volunteer or the rules teers who cross State lines to give and Judiciary, and one that I think does related to volunteering and liability risk their lives many times are not the right things at the right time. I when one does volunteer. These are troubled by having to comply with a would encourage my colleagues to join matters of State law, and should be checkerboard of laws and are able to in support of this, and also, as part of protected in our Federal system if we get insurance from the organization this, to encourage additional volunta- are going to protect the Federal sys- that attracts them to protect them. rism. tem at all. Mr. WATT of North Carolina. Mr. Ms. JACKSON-LEE of Texas. Mr. This whole notion that, well, a State Speaker, will the gentleman yield? Speaker, I yield 5 minutes to the gen- can opt out if it wants to, what right Mr. HYDE. I yield to the gentleman tleman from North Carolina [Mr. do we have to make a State go back to from North Carolina. WATT], a member of the Committee on its legislature and pass a law that opts Mr. WATT of North Carolina. I would the Judiciary. itself out of a piece of Federal legisla- submit to the gentleman, Mr. Speaker, Mr. WATT of North Carolina. Mr. tion? If that is not preemption of State that nobody ever said that federalism Speaker, I thank the gentlewoman law, we are requiring the States to do was convenient. It is terribly inconven- from Texas for yielding time to me for that, the Federal Constitution never ient to operate in a federalist system. the purposes of debate. gave us the right to do that. That is a But that is not a justification for the Mr. Speaker, let me say that this bill violation of the whole concept of Federal Government taking over all will be characterized as a vote on States’ rights. the rights of the State. whether one supports voluntarism or Mr. Speaker, I agree with the gen- Mr. HYDE. Mr. Speaker, what the not. I really do not think that this has tleman from Illinois [Mr. MANZULLO]. gentleman says may well be true, but to do with whether one supports volun- Were I a member of a State legislature, common sense also has a role to play in tarism at all. I think we all support this is probably a very, very good bill. legislating. voluntarism. We all supported volunta- But that is not the issue here. They did Mr. Speaker, I am very pleased that today rism last week or the week before last not send us to Washington to pass leg- the House of Representatives is considering when the housing bill came to the floor islation that State legislators ought to H.R. 911, the Volunteer Protection Act of May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3101 1997. While modest in scope, it will yield sig- sibility and balanced budgets the cornerstone Ms. JACKSON-LEE of Texas. Mr. nificant dividends to our communities by as- of public policy, nonprofit organizations and Speaker, I thank the gentleman for en- suring charitably minded Americans that they the volunteers they utilize will play an even gaging in this colloquy with me to can volunteer their time without the threat of larger role. Besides, it is to volunteers that we clarify this issue. suit over honest mistakes. owe a great deal of gratitude for our social co- The SPEAKER pro tempore (Mr. We as a society are caring and giving by hesionÐour sense of community in America. BARRETT of Nebraska). The time of the nature. Clearly Americans have taken to heart Giving money to help the needy is certainly gentlewoman from Texas [Ms. JACK- the notion that we all bear some responsibility laudable, but it cannot replace the sense of SON-LEE] has expired. The gentleman to help the less fortunate. We recognize that personal connection that comes from being from South Carolina [Mr. INGLIS] has 6 in order to enrich our society, we must foster the person who ladles the soup at a food minutes remaining. the arts, religion, education, and other such bank, or hugs and feeds the AIDS baby, or Mr. INGLIS of South Carolina. Mr. worthy causes with our contributions. Chari- helps a recent immigrant obtain rights under Speaker, I yield 2 minutes to the gen- table donations are one way in which we show our laws. tleman from Nebraska [Mr. BEREUTER]. our support for these causes, but an equally The time to enact protection for our volun- (Mr. BEREUTER asked and was important asset that we contribute is our time. teers has come, and I urge my colleagues to given permission to revise and extend For many, the donation of cash is an eco- join in supporting H.R. 911. his remarks.) nomic impossibility. On the other hand, all of Ms. JACKSON-LEE of Texas. Mr. Mr. BEREUTER. Mr. Speaker, I rise us have skills which are as essential to provid- Speaker, I yield myself such time as I in strong support of H.R. 911. I com- ing services to the community as the funding may consume. I would like to engage in mend the gentleman from Illinois [Mr. the nonprofits receive. In fact, giving of our a colloquy with the distinguished gen- PORTER] for introducing this legisla- time is really more important than giving tleman from South Carolina. tion. I have been a longtime supporter money, because time cannot be replaced, and I thank the gentleman for the man- and cosponsor of such legislation. The in that sense, it is more valuable. agement of this legislation, and I want- fact is that in our increasingly liti- Unfortunately, over the past two decades, ed to engage with the gentleman in a gious society, volunteers are being our legal liability system has become more discussion on the issue of the hate sued more often. Insurance premiums and more of a deterrent to people who would crime provision that, as the gentleman for charitable organizations are in- otherwise give of themselves. Most volunteers well knows, I offered in committee, and creasing at a dramatic rate. As a 1988 in most States are fully liable for any harm I was gratified that we were able to poll shows, 10 percent of all volunteers they cause as a volunteer, and only about half work together along with members of are rethinking their existing commit- the States protect volunteers other than offi- the committee to clarify the position ment to charitable work. Despite the cers and directors of the nonprofit organiza- as it relates to this particular legisla- concerns that were raised by the dis- tion. This means that before deciding to volun- tion. tinguished gentlemen from Illinois and teer, individuals have to consider whether they My question refers to the bill’s exclu- North Carolina, this Member con- are willing to risk liability which could threaten sion for groups which practice actions sciously supports what the gentleman the financial viability of their families. Not sur- constituting hate crimes. When the from Illinois [Mr. MANZULLO] has prisingly, the tradeoffs involved in that calcula- committee report states that in order termed the federalization of tort re- tion frequently discourage the volunteer. In to fall within this exclusion, it would form in this area because of the unrea- fact, frightened by well-publicized cases where not be sufficient that the organization sonable opposition in this area of tort volunteers have been sued, one in seven non- practice a conduct that forms a predi- reform among some in the legal com- profit organizations whose officers were polled cate of a crime referenced in that stat- munity in some States, because the by the Gallup Organization reported that they ute, that is, the organization’s action distinguished gentleman from Ten- had eliminated certain worthwhile programs must rise to the level of a crime, it is nessee [Mr. BRYANT] has pointed to the simply because they could be breeding my understanding that this language opt out, State opt out provisions and grounds for legal action. was inserted merely to ensure that the because of the arguments made by the The problem is not that volunteers have conduct covered falls within subsection distinguished gentleman from Illinois been sued successfully in large numbers, but (b)(1) of the first section of the Hate [Mr. HYDE], chairman of the Commit- that they are named in so many lawsuits. Ulti- Crime Statistics Act. tee on the Judiciary. mately, the volunteer defendants in most of It is my further understanding nei- The measure could very well be enti- these cases are found not liable, for good rea- ther the bill nor the report language in tled the Good Samaritan Act. As the son. However, the cost of legal defense can any way implies that such conduct New Testament parable makes clear, be staggering, and the mental anguish a vol- must rise to the level of a conviction or only a few people are willing to sac- unteer suffers when sued for exorbitant that it could be established under the rifice their time and money to help amounts of damages cannot be measured. usual criminal standard, proof beyond others. That remains true today. In addition to inhibiting people from vol- a reasonable doubt. Mr. Speaker, those who are willing to unteering, fear of these high-stakes lawsuits Am I also correct in understanding help others should not be penalized by arising from volunteer efforts has led to the that the bill is not intended to prevent the threat of lawsuit if someone is in- scarcity and ballooning expense of insurance exclusion of a group which practices advertently harmed during the course to protect against potential verdicts. Between hate crimes but avoid a conviction be- of a volunteer activity. In closing, I 1984 and 1989, the cost of liability coverage cause of application of evidentiary support this legislation and urge my for local Little League Baseball programs shot rules unique to criminal proceedings, colleagues to do so. up from $75 to $795 a year. Nationally, the such as exclusionary rule. And, Mr. Speaker, I thank the gen- Little League's biggest cost is not bats and Mr. INGLIS of South Carolina. Mr. tleman from South Carolina for yield- balls, but legal and insurance costs associated Speaker, will the gentlewoman yield? ing me the time. with liability. This means that organizations Ms. JACKSON-LEE of Texas. I yield Mr. INGLIS of South Carolina. Mr. must spend more of their resources paying to the gentleman from South Carolina. Speaker, I yield 2 minutes to the gen- overhead and less in actually providing the Mr. INGLIS of South Carolina. Mr. tleman from Illinois [Mr. PORTER], who services for which they are created. Or, put Speaker, the gentlewoman is correct. has done excellent work on this bill. another way, in order to provide the same It is my understanding that any group Mr. PORTER. Mr. Speaker, I want to level of services, they must raise substantially which is responsible for conduct cov- say that I have the highest respect for more money. ered by subsection (b)(1) of the first those who would defend the Constitu- The signal that all of this gives is that vol- section of the Hate Crimes Statistics tion as they see it. The gentleman from unteerism does not pay. This is absolutely 180 Act would be excluded from the protec- Illinois [Mr. MANZULLO] and the gen- degrees from the message we should be de- tion of the bill. The language was in- tleman from North Carolina [Mr. livering. Volunteers provide services which fill serted to clarify that nonprofit groups WATT], I would say to both of the gen- large gaps in government programs for the responsible for civil violations, which tlemen that the Senate very, very care- truly needyÐgaps which will no doubt in- did not constitute a hate crime, were fully considered this question when crease over the next decade. As both Federal not subject to exclusion from the bill’s they considered this bill before the and State governments make fiscal respon- coverage. House did. The Senate is, after all, the H3102 CONGRESSIONAL RECORD — HOUSE May 21, 1997 repository of States’ rights under our Association, Salvation Army, Save the ficult to fulfill, and the cost of protecting those Constitution. They added the provision Children, NAACP and the National volunteers who do risk the personal and finan- for opting out for any State that Urban League, all fall under the same cial anguish should a suit arise has grown. All wished to do so before passing the leg- category of voluntarism. due to the success of what many call com- islation almost unanimously. I would Might I say to my colleagues that I pletely frivolous law suits. A sad formula: Law- also say that many of the organiza- think this is a giant step not to bribe suit success equals volunteerism decline. tions that depend upon volunteers are volunteers or pay off volunteers but it Throughout my entire political career, including national organizations who operate is a giant step to appreciate volun- when I was elected to the U.S. House of Rep- across State lines every day and across teers. resentatives in 1982 until this moment, I have the entire country. I thank the gentleman for yielding been closely involved with nonprofit sports Finally, I would say that this matter time to me. groups and well aware of the growing lawsuit undoubtedly could be considered by the Mr. INGLIS of South Carolina. Mr. problem. In 1985, as the representative of the courts in the course of a lawsuit. I Speaker, I yield the balance of my time Pennsylvania congressional district which in- think, rather, what is going to happen, to the gentleman from Pennsylvania cluded Williamsport, the home of Little League though, Mr. Speaker, is that States, [Mr. GEKAS], a member of the commit- Baseball, I introduced a measure in the 99th many of which have made progress in tee. Congress, H.R. 3756, the Nonprofit Sports Li- this area since this legislation was in- (Mr. GEKAS asked and was given ability Limitation Act, modeled after a recently troduced, and I would like to think permission to revise and extend his re- passed State law, in an effort to remove the maybe were prodded into making some marks.) black cloud of frivolous lawsuits hanging over of that progress, will again come back Mr. GEKAS. Mr. Speaker, on the the nonprofit sports system by limiting the civil and address this issue. Those who have same weekend that four Presidents met liability of managers, coaches, sponsors, and not addressed it will come back and ad- in Philadelphia to call the country to other volunteers who engage in youth sports dress it in their own way and, in the voluntarism, on that same weekend, I programs throughout the country. process, will adopt legislation that attended three, I think it was four Lit- To no one's surprise, my measure, while they think is appropriate and then per- tle League opening games for the sea- lauded as being a ``good idea,'' went nowhere haps opt under the clause in the legis- son. During those proceedings, there in the Democratic Congress. So, the measure lation. That will get the job done as were coaches, administrators, refresh- was reintroduced in the 100th Congress as well. ment stand workers, other kinds of at- H.R. 1993Ðwith the gentleman from Illinois, The goal here is to protect volun- tendants at those functions that were Mr. PORTER, as an original cosponsorÐand teers, to prevent the chilling effect of in the true spirit of voluntarism. then in the following Congresses. While H.R. possibly being dragged into court from I wish the four Presidents had come 911 speaks to a broad coverage, my measure preventing people from coming forward there to observe what voluntarism in was more targeted in the hope that its focus, and offering their services that are so action really was. The passage of this nonprofit sports groups, would be less con- vital to our country. I believe this leg- legislation here today will do more to troversial. I do not feel that either measure islation addresses that issue head on add to the incentive that our neighbors was controversial at all, but the reigning party and makes great progress. I think it is and community workers have for help- in Congress differed with my acumen. So suc- going to work out in all areas. ing out in Little League and 100 other cess eluded both my and Mr. PORTER's meas- Mr. INGLIS of South Carolina. Mr. kinds of activities than the meeting in ure until now. I am very happy that now, after Speaker, I yield 15 seconds to the gen- Philadelphia, sorry to say. over a decade of trying, the Congress is finally tleman from California [Mr. LANTOS]. It was wonderful to see the Presi- and definitively addressing the issue of volun- Mr. LANTOS. Mr. Speaker, I thank dents espouse voluntarism, but it is teer jeopardy for which both Mr. PORTER and the gentleman for yielding me the more important to give some kind of I have been fighting. time. relief to give volunteers the sense of I wish to include in the RECORD a copy of As a cosponsor of the Porter bill, I safety that they will have in proceed- an April 17, 1987, Harrisburg Patriot editorial, merely want to commend my good ing to provide those services for the supporting my proposal, and by extension, friend, the Republican cochairman of young people of our country. H.R. 911. I congratulate Mr. PORTER for his the Congressional Human Rights Cau- Those who worry about whether or determination and success. cus, for another act of legislative not our country is falling apart at the [From the Harrisburg Patriot, Apr. 17, 1987] seams, all they have to do is go to Big statesmanship. He is bringing great LEGAL SHIELD FOR VOLUNTEERS Brothers, to Red Cross, to the char- credit to this institution, and I want to If this country’s civil litigation arena congratulate the gentleman from Illi- ities, to the churches, to the Little often takes on the appearance of a shark nois [Mr. PORTER]. League and back again to Philadelphia tank at feeding time, it is altogether under- Mr. INGLIS of South Carolina. Mr. to see the Presidents call the people to standable that otherwise-generous people Speaker, I yield 1 minute to the gentle- action and voluntarism. What we do show some reluctance for getting involved in woman from Texas [Ms. JACKSON-LEE], here today is more important. volunteer work that may involve the risk of with appreciation for her support of Mr. Speaker, I rise to again express my legal liability. this bill. support for H.R. 911, the Volunteer Protection Certainly, second thoughts have been gen- erated among adult volunteers in charge of Ms. JACKSON-LEE of Texas. Mr. Act, and to congratulate Mr. PORTER, the youth sports programs. A 1982 New Jersey Speaker, I am delighted to have been sponsor, for his efforts over these many years. case in which the coach of a kids’ baseball able to work with the gentleman from My support for this measure goes back to its team was sued after a team member suffered South Carolina [Mr. INGLIS] and to add original introduction over 10 years ago. The an injury in the outfield provides a chilling my appreciation to the gentleman from bill, which reforms current civil statutes to pro- example. The case was settled for an undis- Illinois [Mr. PORTER] for his guidance. tect individuals from being sued from harm in- closed amount. Let me emphasize to all who might curred by another person in the course of vol- Is it right that volunteers and ‘‘good Sa- hear, I encourage the support of this unteering for a charitable cause, arose out of maritans’’ should have to bear the same li- legislation and particularly explain to ability as neglectful motorists or contrac- many cases of wrongly-incurred legal liability tors paid for their services? U.S. Rep. George those who heard our colloquy, I am which has threatened to destroy our system of W. Gekas does not think so. With the back- gratified that this legislation excludes community volunteerism. The examples ing of Little League Baseball, whose Wil- those heinous promoting groups of hate abound, and I will not here restate them. But liamsport headquarters is in his district, the and hate crime activities, such as the I will point to a particular sector of Americana Harrisburg Republican has reintroduced a Ku Klux Klan and others who may en- that has been especially jeopardized by these bill restricting the legal liability of non-paid gage in these very dastardly thought suits and will find great relief in the passage coaches and managers. processes and acts that are not part of of this measure: Sports volunteers. Gekas’ bill is based on tried-and-true state law now in effect in Pennsylvania, Delaware the American psychology. Possibly no sector of our culture relies on and new Jersey. In fact, Pennsylvania’s Let me also say that we must think volunteers more than sports, and especially ‘‘Good Samaritan Act,’’ intended to protect about who is impacted. Diverse groups youth sports. And over the last decade, volun- citizens who come to the rescue of others in from the likes of the American Diabe- teer participation in youth sport programs has distress, was a pioneer effort in this direc- tes Association, the American Heart decreased and become increasingly more dif- tion. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3103 The Gekas bill provides an umbrella of pro- ligently entrusts a gun to a childÐwho in turn In the spirit of voluntarism, I urge my col- tection for men and women of good will, ena- harms an innocent victimÐto avoid respon- leagues to join me in sending a message of bling them to carry on their beneficent sibility for the negligent entrustment. assurance to those who selflessly provide un- works without the fear of being sued or the It is because of the bill's failure to provide compensated services to those in need by vot- expense of having to acquire high-priced li- full protection against harm perpetrated by ability insurance. ing in favor of H.R. 911, the Volunteer Protec- The volunteer spirit is an American insti- hate group members that the Southern Pov- tion Act. tution that is threatened by an aberrant phe- erty Law Center has chosen to oppose the The SPEAKER pro tempore. The nomenon. Any reasonable measure that legislation. Morris Dees, there chief trial coun- question is on the motion offered by strengthens and preserves this spirit de- sel has written: the gentleman from South Carolina serves favorable consideration. Under this legislation . . . a state could [Mr. INGLIS] that the House suspend the Mr. CONYERS. Mr. Speaker, I rise in oppo- maintain or reinstate protections for volun- rules and pass the bill, H.R. 911, as teers of white supremacists, neo-Nazi and amended. sition to this legislation. Although H.R. 911 is violent militia groups—the types of organi- well intentioned, it will do nothing to encour- zations the Southern Poverty Law center has The question was taken. age increased voluntarism, it will unnecesarily crippled over the past ten years through the Mr. INGLIS of South Carolina. Mr. preempt traditional State law, discriminates use of both federal and state tort laws . . . Speaker, on that I demand the yeas against women and seniors, and it fails to Without two-way preemption, ensuring that and nays. adequately protect against abuse by hate volunteers connected with hate groups are The yeas and nays were ordered. groups. Simply put, I believe we can encour- never insulated from liability, we would op- The SPEAKER pro tempore. Pursu- pose H.R. 911. age voluntarism without encouraging neg- ant to clause 5 of rule I and the Chair’s H.R. 911 DISCRIMINATES AGAINST WOMEN, CHILDREN, ligence. prior announcement, further proceed- AND ELDERLY ings on this motion will be postponed. H.R. 911 WILL DO NOTHING TO INCREASE VOLUNTARISM Because H.R. 911 limits recovery for non- f We all want to increase voluntarism in our economic damagesÐthe loss of a limb, the communities, but this bill doesn't amount to a loss of reproductive capacity and other pain SENSE OF HOUSE REGARDING hill of beans in that respect. No witness has and sufferingÐby saying that tortfeasors are TERRORIST ATTACK IN CAMBODIA been able to identify a single case whose out- not jointly and severely liable for such dam- Mr. GILMAN. Mr. Speaker, I move to come would have been altered had H.R. 911 ages. Losses incurred by a wealthy CEO who suspend the rules and agree to the reso- been law at the time of the case, and we've is a victim of negligence are easily translated lution (H. Res. 121) expressing the sense found no evidence of any case filed during the into economic losses which are not limited by of the House of Representatives regard- last 7 years whose outcome would have been this bill. By contrast, losses incurred by a ing the March 30, 1997, terrorist gre- altered by the legislation. There is absolutely women who loses her reproductive capacity, nade attack in Cambodia. no empirical evidence showing that this bill or a senior, or child who loses a limb, are The Clerk read as follows: would do anything to increase voluntarism. more likely to be considered noneconomic H. RES. 121 H.R. 911 UNNECESSARILY PREEMPTS STATE TORT LAW damages which are limited by the bill. Whereas Cambodia continues to recover To the extent there is any problem with vol- CONCLUSION from more than three decades of recent war- unteer liability, the States are fully capable of Instead of enhancing volunteerism or help- fare, including the genocide committed by passing their own laws protecting volunteers ing our poor and underprivileged, H.R. 911 the Khmer Rouge from 1975 to 1979; from personal civil liability. As a matter of fact, creates a complex and inconsistent new over- Whereas Cambodia was the beneficiary of a lay of limitations, confusing a system of State massive international effort to ensure peace, every State in the union now has a law spe- democracy, and prosperity after the October cifically limiting the legal liability of volunteers tort law that has served this Nation well for 1991 Peace Agreements on Cambodia; or nonprofit organizations. more than 200 years. I urge a ``no'' vote on Whereas more than 93 percent of the Cam- Moreover, by mandating these provisions on this legislation. bodians eligible to vote in the 1993 elections the States, we invite legal challenges to con- Mr. DOYLE. Mr. Speaker, as a cosponsor of in Cambodia did so, thereby demonstrating gressional authority to legislate in this area, the Volunteer Protection Act in both the 104th the commitment of the Cambodian people to particularly under the Supreme Court's recent and 105th Congress, I am pleased that the democracy; House is considering this thoughtful approach Whereas since those elections, Cambodia decision in United States versus Lopez. The has made significant economic progress Justice Department Office of Legal Counsel to voluntarism, as it relates to the disincentive of potential litigation. This measure has signifi- which has contributed to economic stability has similarly expressed concern that the bill in Cambodia; would invite constitutional challenges because cant bipartisan support and represents our Whereas since those elections, the Cam- its coverage is not limited to volunteer organi- commitment to encouraging individuals to con- bodia Armed Forces have significantly di- zations that engage in interstate commerce or tribute to the success of their communities by minished the threat posed by the Khmer liability that arises by reason of volunteer serv- volunteering their valuable time. Rouge to safety and stability in Cambodia; In today's climate, schedules are busy and Whereas other circumstances in Cambodia, ices affecting interstate commerce. personal demands are great. As Members of including the recent unsolved murders of Arguments that the so called opt-out provi- Congress, we cannot directly remedy the day- journalists and political party activists, the sion protects State prerogatives because it al- to-day responsibilities of individuals which may recent unsolved attack of party officials of lows them to elect not to have the provisions pose as obstacles for volunteer service. We the Buddhist Liberal Democratic in 1995, and apply miss the mark. Not only does this re- the quality of the judicial system—described can however, remove obstacles for those indi- quire affirmative action in the statehouse and in a 1996 United Nations report as ‘‘thor- viduals who have the time and interest in com- senate as well as the Governor's signature, oughly corrupt’’—raise international con- mitting themselves to community service. many States only meet on a biennial basis cern for the state of democracy in Cambodia; The Volunteer Protection Act provides pro- Whereas Sam Rainsy, the leader of the and couldn't even consider electing to opt-out tection from personal civil liability in reason- Khmer Nation Party, was the target of a ter- for several years. In addition, the opt-out pro- able circumstances to volunteers involved in rorist grenade attack on March 30, 1997, dur- vision is unduly narrow in that it would only the activities of groups such as nonprofits, ing a demonstration outside the Cambodia allow States to preserve their laws if all the community organizations, nursing homes, edu- National Assembly; parties are residents of the State. This is in di- cational institutions, and local governments. If Whereas the attack killed 19 Cambodians and wounded more than 100 men, women, and rect contravention of traditional conflict of law we are truly serious about encouraging volun- principles, which typically apply a State's law children; and tarism, support of H.R. 911 embodies a re- Whereas among those injured was Ron to outsiders so long as the injury occurred sponsible, concrete first step. The consensus Abney, a United States citizen and employee within a State. on the merits of this bill is evident by the wide of the International Republican Institute H.R. 911 FAILS TO PROTECT AGAINST ABUSE BY HATE range of philosophical views held by its 152 who was assisting in the advancement of de- GROUPS cosponsors. mocracy in Cambodia and observing the While there is a limited provision relating to The Volunteer Protection Act has met with demonstration: Now, therefore, be it hate groups in the bill, this does nothing to in- success at every level. The Senate over- Resolved, That the House of Representa- tives— sure that State law does not unnecessarily im- whelmingly approved this bill by a 99-to-1 (1) extends its sincerest sympathies to the munize such persons. For example, if a par- vote. And the House Judiciary Committee re- families of the persons killed, and the per- ticular State provides across the board immu- ported this measure by a 20-to-7 vote. I am sons wounded, in the March 30, 1997, terrorist nity to volunteers, H.R. 911 continues to allow confident that the full House will act today in grenade attack outside the Cambodia Na- a member of a militia or hate group who neg- favor of this provolunteer legislation. tional Assembly; H3104 CONGRESSIONAL RECORD — HOUSE May 21, 1997 (2) condemns the attack as an act of ter- Mr. Speaker, I certainly support this Mr. Speaker, I have the privilege of rorism detrimental to peace and the develop- resolution. I urge my colleagues to representing Long Beach, CA, which is ment of democracy in Cambodia; vote for it. I want to express my appre- proud to be the home of 50,000 Cam- (3) calls upon the United States Govern- ment to offer to the Cambodia Government ciation to the chairman of the commit- bodians. They chose Long Beach be- all appropriate assistance in identifying and tee and the gentleman from Nebraska cause California State University at prosecuting those responsible for the attack; [Mr. BEREUTER], the two cosponsors, Long Beach has educated many of the (4) calls upon the Cambodia Government to and of course the chief author of the leaders of Cambodia in the late 1960’s. accept such assistance and to expeditiously resolution, the gentleman from Califor- When many of these able students re- identify and prosecute those responsible for nia [Mr. HORN]. turned to their country in the early the attack; and The resolution was adopted unani- 1970’s, they left their families in Long (5) calls upon all Cambodian political par- mously in committee. I do not know of ties to renounce and condemn all forms of Beach. political violence. any opposition to it. The administra- During the tragic days of 1975, one tion supports the resolution. All of us Cambodian after another left their na- The SPEAKER pro tempore. Pursu- agree, I think, that violence has no tive country before Pol Pot and his ant to the rule, the gentleman from place in a democracy, and all those murderers and butchers were able to New York [Mr. GILMAN] and the gen- who believe in democracy have an obli- massacre them as he did 1 million tleman from Indiana [Mr. HAMILTON], gation to speak out and to condemn Cambodians. Many of them have never each will control 20 minutes. The Chair recognizes the gentleman such acts as this grenade attack in forgotten their homeland. Some of Cambodia a few weeks ago. them have returned to their country from New York [Mr. GILMAN]. This resolution places the House of and are part of the current govern- b 1245 Representatives squarely on record in ment, which is seeking to bring peace, Mr. GILMAN. Mr. Speaker, I yield opposition to such wanton acts of vio- progress, prosperity, and freedom to myself such time as I may consume. lence, and I urge the adoption of the that beautiful nation. (Mr. GILMAN asked and was given resolution. I have had many of their children in permission to revise and extend his re- Mr. Speaker, I reserve the balance of my classes at the university. They are marks.) my time. intelligent, hard-working students. Mr. GILMAN. Mr. Speaker, I am Mr. GILMAN. Mr. Speaker, I yield 5 They and their families bring new en- pleased to rise in support of House Res- minutes to the gentleman from Califor- ergy to our country and the country of olution 121. I want to thank the gen- nia [Mr. HORN], the sponsor of this res- their ancestors. tleman from California [Mr. HORN], for olution. Mr. Speaker, I urge the passage of sponsoring this resolution. House Reso- Mr. HORN. Mr. Speaker, I thank the House Resolution 121. lution 121 rightfully expresses the con- gentleman from New York [Mr. GIL- Mr. GILMAN. Mr. Speaker, I yield 4 cern of this Chamber about the terror- MAN], chairman of the Committee on minutes to the gentleman from Ne- ist grenade attack against a peaceful International Relations, and the gen- braska [Mr. BEREUTER], the distin- political rally in Cambodia on March tleman from Nebraska [Mr. BEREUTER], guished chairman of our Subcommittee 30, 1997. the chairman of the Subcommittee on on Asia and the Pacific. Cambodia emerged from a protracted Asia and the Pacific, and the gen- (Mr. BEREUTER asked and was civil war in 1991 and soon thereafter tleman from Indiana [Mr. HAMILTON], given permission to revise and extend began the difficult process of bringing the ranking Democrat on the commit- his remarks.) prosperity and democracy to its people. tee, for their initiative in bringing Mr. BEREUTER. Mr. Speaker, I The Congress has stood by Cambodia, House Resolution 121 before the House thank the gentleman from New York, has been a consistent supporter of the of Representatives. the chairman, for yielding me this efforts to build and advance demo- Yesterday we considered a critical time. cratic institutions and processes there. measure on balancing our budget. As an original cosponsor of this legis- I strongly believe that it is appro- Many had varying concerns over the lation, I, of course, rise in strong sup- priate for the House to condemn this impact made by a balanced budget. We port of it. It condemns the tragic and grenade attack, a bloody and cowardly debate this vital legislation because we unprovoked grenade attack that oc- challenge to freedom, and to call on all are fortunate to live in a nation that curred on Easter Sunday morning at a parties to end political violence in allows us to debate the future direction political rally in Phnom Penh, Cam- Cambodia. The Cambodian Government of our country in peace. The only bodia. The distinguished gentleman must ensure that those responsible for bombs thrown in this Chamber are rhe- from California [Mr. HORN] is to be this act of terror are brought to jus- torical. commended for his initiative in work- tice. This resolution reaffirms our sup- House Resolution 121, however, ad- ing with the Subcommittee on Asia port of those Cambodians who are com- dresses a very different problem. The and the Pacific and his earlier initia- mitted to democracy and to human democratic system established in Cam- tive in introducing this legislation. rights. bodia in 1993 has existed in a very frag- Mr. Speaker, Cambodia has, of Mr. Speaker, I conclude by express- ile environment. The hopes the world course, made tremendous strides to- ing our condolences to families of shared for peace in Cambodia are being ward democracy since the killing fields those who were killed in the attack, frustrated again as violence returns to of Pol Pot and the Vietnamese occupa- and I wish a full and speedy recovery daily life and the political process in tion, but serious problems remain. for those who were wounded. Cambodia. There are real concerns about the dete- Again I commend my colleague, the As outlined in this resolution, we can rioration of human rights problems in gentleman from California, for intro- voice our outrage at the March 30 at- that country. ducing this resolution, and I want to tempt by some to fatally wound democ- The most troubling in a string of re- thank the distinguished chairman of racy in Cambodia. In this attempt, 19 cent violent incidents occurred on the Subcommittee on Asia and the Pa- were killed and over 100 were injured in Easter morning, March 30, at a morn- cific, the gentleman from Nebraska an attack outside the Cambodian Na- ing rally before the National Assembly [Mr. BEREUTER], for his leadership in tional Assembly. Among the wounded building in Phnom Penh. Unknown as- bringing this measure before us today. was an American, Ron Abney. He was sailants threw handgrenades into a I fully support House Resolution 121 in Cambodia as a staff member for the peaceful rally being held by several op- as a sign of our continuing support for International Republican Institute. He position parties. Almost certainly the democracy and for freedom in Cam- was helping Cambodians in building a target of this highly coordinated at- bodia, and I urge its adoption. stronger representative system. tack was Sam Rainsy, the former fi- Mr. Speaker, I reserve the balance of I urge the support of this resolution. nance minister and the leader of the my time. It recognizes the hope of Cambodians opposition Khmer National Party. Mr. Mr. HAMILTON. Mr. Speaker, I yield and all free people to secure democracy Rainsy escaped serious injury only be- myself such time as I may consume, and fair representation in this too- cause his bodyguard sacrificed his life and I rise in support of the resolution. long-troubled nation. when shielding him from the blast. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3105 Although it is difficult to get a firm cates of human rights and a cochair- In addition, the Congress should call number, at least 16 individuals were man of the Human Right Caucus in the on all parties to vigorously renounce killed and over 100 were wounded. One Congress. political violence and reaffirm their of those who was seriously wounded Mr. PORTER. Mr. Speaker, I thank commitment to free and fair elections. was Ron Abney, an employee of the Na- my friend from New York for yielding I have recently been to Cambodia, tional Endowment for Democracy’s me this time and for those kinds words. Mr. Speaker, and I do not underesti- International Republican Institute. He Mr. Speaker, I rise today to com- mate the many hurdles to democracy was present at this rally in his capac- mend my colleagues for their efforts to in that country. ity as an employee of the National En- call attention to the deteriorating po- b 1300 litical situation in Cambodia. Democ- dowment for Democracy, and it almost However, I have also seen the spirit racy is new in Cambodia and it is ex- certainly cost him his life. Almost. He of the Cambodian people and I know of tremely fragile. The political violence was seriously injured. their strong desire for a better future. that has again flared up in recent The United States and the inter- I can assure the Congress that we have national community have an enormous months has shaken an already unstable an extraordinary and energetic U.S. amount invested in the peace process situation in this long-suffering nation. Ambassador, Kenneth Quinn, who is in Cambodia. Following the 1991 Paris The people of Cambodia have endured doing an outstanding job working with Peace accord, international donors the brutality of the Khmer Rouge and all parties in all segments of Cam- have plunged more than $1 billion into the neglect of the international com- bodian society to build the institutions ensuring that peace and normality re- munity. Now they are struggling with of democracy and the elements of civil turn to Cambodia. perhaps their greatest challenge, the society in this fragile country for House Resolution 121 sends the effort to bring lasting peace and de- which we have so much moral obliga- strong message that political violence mocracy to their country. tion. should not be allowed to return to The deadly Easter Sunday attack on We cannot tolerate political violence Cambodia. Assassinations, bombings, Sam Rainsy and the Khmer National or intimidation. The people of Cam- and grenade attacks are not acceptable Party shattered a peaceful demonstra- bodia deserve the opportunity to forms of political expression. The polit- tion in front of the Cambodian Na- choose their future without fear. I ical parties in Cambodia must be made tional Assembly. The wounded and in- commend this resolution and the lead- to understand that they cannot go jured were described in detail by the ership of the gentleman from Califor- down the path of political violence. gentleman from Nebraska [Mr. BEREU- nia and the chairman of the committee They must know that the international TER] in his remarks. I might say, how- and ranking member to all the Mem- community will not tolerate or support ever, that Mr. Rainsy is convinced that bers and urge their support for it. parties that condone political intimi- persons in the government, specifically Mr. HAMILTON. Mr. Speaker, I yield dation or violence. Second Prime Minister Hun sen, 1 minute to the distinguished gen- House Resolution 121 represents a colluded in the attack. I hope, Mr. tleman from California [Mr. LANTOS]. balanced and constructive effort to ad- Speaker, that he turns out to be wrong Mr. LANTOS. Mr. Speaker, I want to vance democracy and human rights in in that assessment. thank my friend, the gentleman from Cambodia. I commend, as I said, the This attack represents an affront to Indiana [Mr. HAMILTON], for yielding. gentleman from California for intro- justice, peace, the rule of law, democ- Mr. Speaker, I rise to commend the ducing the legislation. He has a long racy, and the desires of the Cambodian distinguished gentleman from Califor- and distinguished record as an advo- people for these ideals to take root in nia [Mr. HORN] for bringing this issue cate for basic political liberties. It is their country. The KNP organized this to our attention. I am fully in support this Member’s understanding that the rally to call attention to the need to of his efforts, and I want to identify gentleman from California will be strengthen the rule of law and reform myself entirely with the words of my working with the National Endowment the Cambodian judiciary. How ironic it distinguished Republican cochairman for Democracy as an election observer would be if there were no justice for of the Congressional Human Rights in the upcoming election in Cambodia. the victims. Caucus, the gentleman from Illinois While such activities can be arduous, it Such actions of terror and cowardice [Mr. PORTER]. is nevertheless extremely important, threaten to undo a $2 billion United It is absolutely critical that we pre- particularly in a country such as Cam- Nations-led national reconciliation ef- vent Cambodia from sliding back into bodia that has such a fragile democ- fort sponsored primarily by the United violence, dictatorship, human rights racy. States. The KNP is a leading pro-de- violations, and terrorism; and every ef- This Member also thanks the distin- mocracy party, and they are working fort should be made, with the assist- guished chairman of the Committee on with other like-minded political par- ance of all of our appropriate agencies, International Relations, the gentleman ties to ensure that the national elec- to bring the perpetrators of this out- from New York [Mr. GILMAN], for mov- tions this year secure the gains that rage to justice. ing this initiative in such an expedi- this international involvement has Mr. HAMILTON. Mr. Speaker, I have no further requests for time, and I tious manner. While the committee’s brought. yield back the balance of my time. schedule has been hectic, the gen- If acts of political violence go Mr. GILMAN. Mr. Speaker, I have no tleman from New York has been very unpunished, the enemies of peace and democratic transition will be rewarded. further requests for time, and I yield gracious in addressing special con- back the balance of my time. This cannot be allowed to happen. cerns, such as the resolution before the The SPEAKER pro tempore (Mr. Cambodia cannot be allowed to sink body today. BARRETT of Nebraska). The question is I thank the distinguished ranking back into the horrible lawlessness from on the motion offered by the gen- member of the committee, the gen- which it recently emerged. I am, there- tleman from New York [Mr. GILMAN] tleman from Indiana [Mr. HAMILTON], fore, pleased to join my colleagues in that the House suspend the rules and for his support, as well as my ranking calling on our Government to offer as- agree to the resolution, House Resolu- member on the Subcommittee on Asia sistance in bringing the perpetrators of tion 121. and the Pacific, the distinguished gen- this heinous crime to justice and in The question was taken; and (two- tleman from California [Mr. BERMAN]. urging the prime ministers of Cam- thirds having voted in favor thereof) Again, Mr. Speaker, I commend the bodia to take advantage of U.S. tech- the rules were suspended and the reso- careful attention of the distinguished nical expertise. lution was agreed to. gentleman from California [Mr. HORN] Our Federal law enforcement agen- A motion to reconsider was laid on on the events in Cambodia and his ini- cies have the know-how to conduct a the table. tiative in sponsoring this resolution. I comprehensive investigation. I hope f urge support of House Resolution 121. that the Cambodian Government will Mr. GILMAN. Mr. Speaker, I yield 5 accept our help. Such a move would GENERAL LEAVE minutes to the gentleman from Illinois send a clear signal that they are seri- Mr. GILMAN. Mr. Speaker, I ask [Mr. PORTER], one of our leading advo- ous about stopping political violence. unanimous consent that all Members H3106 CONGRESSIONAL RECORD — HOUSE May 21, 1997 may have 5 legislative days within the countries of Europe, and in contributing shall plan, and who now look to us to which to revise and extend their re- to the establishment of the European Union; do for them what was done for the Eu- marks on House Resolution 121. and ropeans some 50 years ago. The SPEAKER pro tempore. Is there Whereas 1997 marks the 50th anniversary of Fortunately, today it is not up to our the original speech by Secretary of State objection to the request of the gen- George C. Marshall calling for the establish- Nation alone to perform that task, a tleman from New York? ment of the : Now, therefore, task made even more daunting by the There was no objection. be it legacy of the Communist system that f Resolved by the House of Representatives (the prevailed for all the years that Western Senate concurring), That the Congress— Europe was developing and getting REAFFIRMING COMMITMENT OF (1) urges all Americans on the 50th anni- back on its feet. Today we can count UNITED STATES TO PRINCIPLES versary of the Marshall Plan to reflect upon on the support of those very same na- OF THE MARSHALL PLAN the significance of this program as a con- tions that benefited from the vision crete embodiment of the commitment of the Mr. GILMAN. Mr. Speaker, I move to United States to fostering peaceful relations that gave birth to the Marshall plan to suspend the rules and agree to the con- with the economic prosperity of the coun- do for the New Independent States current resolution (H. Con. Res 63) ex- tries of Europe; what was done for them half a century pressing the sense of the Congress re- (2) reaffirms the commitment that was ex- ago. garding the 50th anniversary of the pressed in the original Marshall Plan (‘‘Eco- This resolution rightfully acknowl- Marshall plan and reaffirming the com- nomic Cooperation Act of 1948,’’ sec. 102, edges and commends the efforts of our mitment of the United States to the Public Law 80–472) was enacted—namely, friends and allies to assist the newly principles that led to the establish- that ‘‘intimate economic and other relation- independent nations of Central and ships exist between the United States and Eastern Europe and of the former So- ment of that program. the nations of Europe,’’ that extensive and The Clerk read as follows: friendly relations with the nations of Europe viet Union to develop free market H. CON. RES. 63 and with the community of European na- economies and democratic political Whereas on June 5, 1947, in a speech at Har- tions is vital to the promotion of ‘‘the gen- systems. vard University, then-Secretary of State eral welfare and national interest of the I want to commend the gentleman George C. Marshall proposed the establish- United States’’ and that the prosperity and from California [Mr. LANTOS] for his ment of a joint American-European program security of Europe are essential to ‘‘the es- good work in seeing to it that we ac- to provide assistance, ‘‘so far as it may be tablishment of a lasting peace’’; and cord this important anniversary its due practical for us to do so,’’ to assist the coun- (3) acknowledges and commends the efforts recognition, and I am pleased to have tries of Europe to recover from the devasta- of those countries which originally partici- pated in the Marshall Plan to assist the been an original cosponsor of this reso- tion of World War II, and that program was lution. I also commend our ranking mi- subsequently called ‘‘The Marshall Plan’’ in countries of Central and Eastern Europe and recognition of the pivotal role of Secretary the newly independent republics of the nority member, the gentleman from In- of State Marshall in its establishment; former Soviet Union in their efforts to de- diana [Mr. HAMILTON] in helping us Whereas then-President Harry S Truman velop market economies and democratic po- bring this measure to the floor at this had earlier enunciated the principle of as- litical systems as a reflection of the same time. I ask the House to lend itself sisting democratic countries which faced the generous spirit that motivated the people of unanimous support to this measure. threat of communist aggression and thus the United States to help these Western Eu- Mr. Speaker, I reserve the balance of laid the foundation for the Marshall Plan ropean countries fifty years ago. my time. with the ‘‘Truman Doctrine’’ which provided The SPEAKER pro tempore. Pursu- Mr. HAMILTON. Mr. Speaker, I yield economic and military assistance to Greece ant to the rule, the gentleman from myself such time as I may consume and Turkey, and this farsighted policy rep- New York [Mr. GILMAN] and the gen- resented a reversal of longstanding United and I rise in support of the resolution. tleman from Indiana [Mr. HAMILTON] States policy of avoiding peacetime involve- Mr. Speaker, I simply want to under- ment in foreign military and political af- each will control 20 minutes. line the importance of commemorating fairs; The Chair recognizes the gentleman the 50th anniversary of the Marshall Whereas the Marshall Plan was developed, from New York [Mr. GILMAN]. plan. The Marshall plan laid the refined, and enacted with the broad biparti- (Mr. GILMAN asked and was given groundwork for the strong and close san involvement of the Congress of the Unit- permission to revise and extend his re- postwar political, economic, and mili- ed States, including in particular the efforts marks.) tary relationship between the United of Senator Arthur H. Vandenberg of Michi- Mr. GILMAN. Mr. Speaker, I yield States and Europe. And, of course, that gan and Congressman Christian A. Herter of myself such time as I may consume. Massachusetts; relationship remains the cornerstone of Whereas the Congress provided an esti- Mr. Speaker, this timely resolution our security policy today. mated $13,300,000,000 to assist the sixteen Eu- draws our attention to the 50th anni- I think, without any question, the ropean countries which participated in the versary of the Marshall plan which will Marshall plan was one of the greatest Marshall Plan during the four-year period of be celebrated on June 5. It reminds us events in American political history its existence, and this material contribution of the grand commitment made by Sec- and American diplomatic history. I represented a significant sacrifice by the retary of State George Marshall and want especially to thank my friend and American people; President Harry Truman, supported by colleague from California, Mr. LANTOS, Whereas the assistance provided under the a farsighted bipartisan group of Con- Marshall Plan served to ‘‘prime the pump’’ for his leadership and for his foresight to stimulate the economies of the participat- gressmen and Senators. It was this in bringing this resolution before us. ing European countries and resulted in an commitment that made possible the And of course, I am grateful to the gen- average growth of 41 percent in industrial economic prosperity which we have tleman from New York [Mr. GILMAN] production and an average growth of 33.5 per- now come to take for granted in - and the other cosponsors of House Con- cent in per capita gross national product ern Europe and allowed democratic in- current Resolution 63, but it is really during the four years of the program; stitutions to develop and thrive. the gentleman from California [Mr. Whereas the spectacular economic revival Most importantly, it allowed the peo- LANTOS] who deserves the chief credit, of the countries of Western Europe would not ples of Western Europe, who are now have been possible without the creativity, I think, for bringing this resolution technical skills, managerial competence, and our closest allies, to emerge from the forward. hard work of the European peoples; never- ashes of the Second World War and to It is a very important resolution. It theless, the Marshall Plan was a vital ele- rebuild their lives anew. not only underscores the close trans- ment in assisting the European peoples in As we reflect back on those troubled atlantic relationship that exists today, the postwar economic recovery; and uncertain times that followed the it comes at a time when many Euro- Whereas the multinational economic co- end of World War II, we should renew peans are anxious to underscore the operation required and encouraged by the the commitment to the principles that importance of the transatlantic tie, at Marshall Plan was a significant impetus in underlaid our actions at that time, and least as we talk about the enlargement fostering transnational European economic cooperation and unity which ultimately remember that there remain people in of NATO and some of the concerns that helped to pave the way for the North Atlan- Central and Eastern Europe as well as our European friends have about the tic Treaty, in developing the multifaceted the former Soviet Union who were pre- growing isolationist tendencies in this relationship between the United States and vented from benefiting from the Mar- country and in the Congress. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3107 It is also important, I think, that we We now are at phase 2. We are now learn, and hopefully we have finally express our support now for the aspect asking the question, are we going to learned the lesson, but we had not of the resolution calling for efforts by have anywhere near the comparable, learned until at least 1971 that wage the European beneficiaries of the Mar- vis-a-vis Central Europe, Eastern Eu- and price controls were not a good shall plan to turn now to help the rope and the former Soviet Union, to idea. emerging democracies in Central and see to it that these countries and these b 1315 Eastern Europe. This is an important peoples will also have the opportunity resolution, and I urge its support. of developing viable economies and Yet Ludwig Erhard at that time de- Mr. Speaker, I yield 5 minutes to the strong and Democratic societies. fied the strong advice by the American advisers and took off wage and price gentleman from California [Mr. LAN- This is the opportunity for our West- controls, kept taxes low, kept regula- TOS]. ern European friends to show a for- Mr. LANTOS. Mr. Speaker, I want to ward-looking outlook with respect to tions low, produced political conditions thank my friend from Indiana, Mr. the European Union to open up the Eu- which were very conducive to invest- ment, and this is what caused the real HAMILTON, for yielding me the time, ropean Union to the countries of recovery in Europe. and I want to thank the distinguished Central and Eastern Europe, just as we Political assistance, funds flowing gentleman from New York, Mr. GIL- provided the Nations of Western Eu- into a country through political ma- MAN, and the distinguished Democratic rope with the aid and assistance to re- neuvers, are never superior to those ranking member, Mr. HAMILTON, for build their economies. funds that flow into a country for rea- supporting my resolution. It is our joint opportunity, Mr. sons of the political stability. Because Mr. Speaker, the end of the Second Speaker, to see to it that as the var- Europe did invite capital, this was the World War found Europe at a hinge of ious countries of the region qualify for real reason why Europe recovered. history. And had it not been for the NATO, we in fact open the doors of Foreign aid is used frequently Marshall plan and related events, the NATO so we expand the arena of peace, throughout the world to help people. whole history of mankind during the stability, democracy, and respect for But if we look at Zaire and Rwanda last half century and beyond could human rights throughout the European and the many countries of the world, have turned out in a totally different Continent. foreign aid has really been a gross fail- and in a totally ugly fashion. Mr. Speaker, I think it is extremely ure. As a matter of fact, it does harm The Soviet empire was ready to ex- important to underscore that while in because it encourages the status quo. pand its control and influence beyond 1947 we were a country enormously The market is much smarter than we Eastern and Central Europe to Western limited in resources, we had unlimited as politicians, because if the market Europe, and it was the incredible vision vision on the part of our political lead- and the political conditions are not and courage and determination of U.S. ership, and what we have to hope for right, that country that wants capital bipartisan foreign policy leadership now is that our political leadership on must improve those conditions to in- that stood in the way. It began with a bipartisan basis recognizes the same vite . A good example might President Truman’s enunciation of the opportunities with respect to Central be in Vietnam at the current time. Truman Doctrine, which provided eco- and Eastern Europe and the former So- They changed their conditions to in- nomic and military assistance to viet Union that the leadership 50 years vite capital. So there must be an incen- Greece and Turkey at a most critical ago recognized in the Marshall plan. tive for those countries to change their moment, followed by, 50 years ago this Mr. GILMAN. Mr. Speaker, I yield 5 condition. summer, the historic remarks of Sec- minutes to the distinguished gen- Foreign aid very often and very accu- retary of State Marshall calling for the tleman from Texas [Mr. PAUL]. rately, I believe, is a condition of tak- nations of Europe to come together, re- (Mr. PAUL asked and was given per- ing money from the poor people in a build their devastated economies, and mission to revise and extend his re- rich country and giving it to the rich forge the framework for political de- marks.) people of a poor country. I think there mocracy. Mr. PAUL. Mr. Speaker, I rise to is a lot of truth to that, because the I was a young student in Budapest at make some comments about the Mar- burden of taxation and inflation and that time, Mr. Speaker, and it was my shall plan because my interpretation is the many things that our average citi- privilege on Radio Budapest to call on somewhat different than the conven- zen and our middle-class citizen suffer the Government of Hungary to join the tional wisdom of the past 50 years. comes from overexpenditures and good Marshall plan because the Marshall I happen to believe the understanding intentions whether they are here at plan was open to the countries of of the Marshall plan is probably one of home or overseas. We believed at that Central and Eastern Europe. But of the most misunderstood economics time, and strongly so, I guess, still, course, the Soviet Union vetoed any events of the 20th century. The benefits that the government’s responsibility, such attempt. And we have seen over are grossly overstated. The Marshall whether it is through government ex- the last half a century a differential plan through these many years has penditures or through the inflationary development in Europe, spectacular been used as the moral justification for machinery of the Federal Reserve, that economic growth in Western Europe, all additional foreign aid. And once I if we stimulate an economy, if we and devastation, destruction and back- hear it, I assume we are on the verge of prime the pump, so to speak, that we wardness in Central and Eastern Eu- extending and expanding our foreign can stimulate the economy. This was rope until the collapse of the wall in aid overseas. the argument after World War II, that the last few years. When we look at the total amount of we would prime the pump. That is not I think it is important to underscore, money that flowed into Europe follow- a free market notion, that is a Keynes- Mr. Speaker, that in today’s dollars, ing World War II, the amount that ian notion. There has been no proof the Marshall plan represented a com- came from the American taxpayers was that this is beneficial. Really what mitment of some $135 billion by the not large. The large amount came from counts is a sound currency. Germany United States to help the Nations of corporations and investors who be- after World War II and even to this Western Europe to rebuild their econo- lieved that Europe would be safe and date is known to have a harder and mies. This was the largest philan- secure, so the large number of dollars sounder currency than any other cur- thropic enterprise in the history of the then flowed into Europe. rency in Europe. Political stability is world. We went in to do good, and we It was interesting that the conditions what is necessary, not taking money did well. were improved in Europe not so much from taxpayers of one country and Europe’s prosperity contributed enor- because of America but sometimes in shifting it to another one. mously to our own prosperity. And Eu- spite of America, because many of our Foreign aid very often, not so much rope’s ability to develop Democratic economists went to Europe at this time the foreign aid that went to Europe, societies has enabled us first to prevent and advised them that the most impor- and I would grant my colleagues, the Soviet expansion and, with the cre- tant thing that they do, especially in other conditions compensated and did ation of NATO, to see the disintegra- Germany, was to maintain price con- not allow the foreign aid to be damag- tion of the Soviet empire. trols. Here in this country we did not ing so much as the foreign aid, say, to H3108 CONGRESSIONAL RECORD — HOUSE May 21, 1997 a country like Rwanda. That was so de- Mr. PAUL. Mr. Speaker, will the gen- It could only do the job in western Eu- stabilizing, because the politicians get tleman yield? rope. We along with our European hold of the money and they use it for Mr. GEJDENSON. I yield to the gen- friends now have an opportunity to political reasons. Money to help a tleman from Texas. complete the job. country must go in because conditions Mr. PAUL. Mr. Speaker, I would vote Mr. PAUL. Mr. Speaker, will the gen- are beneficial, that encourage invest- to change the taxes, but mainly to tleman yield? ment, that encourage the market to lower them for everybody. The point Mr. LANTOS. I yield to the gen- work. that I am trying to make is that the tleman from Texas. Mr. Speaker, I would argue that large amount of capital that helped Eu- Mr. PAUL. I thank the gentleman for there is a different interpretation, but rope recover did not come from the yielding. I know that the support for this meas- taxpayers. That was a small amount. Mr. Speaker, I think that there could ure is justified. There were a lot of other investors that not be an argument made that every Mr. LANTOS. Mr. Speaker, I yield 3 went into Europe. The key reason was dollar that we sent to Europe did not minutes to the gentleman from Con- the political stability and the good have some beneficial effect. Quite pos- necticut [Mr. GEJDENSON]. economic climate which Erhard helped sibly it did. But my point is that if Mr. GEJDENSON. Mr. Speaker, I to introduce. I think that is much im- that money from the taxpayer had not cannot help but respond to my col- portant. been sent, there is nothing that says it league’s comments. While I think he is There is a difference between what might not have been sent through the well-intentioned, there are some issues happened in Europe versus the waste investors, but it depended on the politi- that I think have to be addressed. that we had in Rwanda. We did not do cal climate and what they did. I do not The United States, at the end of the people, the poor people of Rwanda, want to deemphasize that. That is the World War II, spent $16 billion in 1950’s very many favors by sending money important reason why this foreign aid dollars in western Europe because we down there that became a political was not as harmful as it usually is, and understood that while the best avenue weapon to suppress the poor. it had some benefits, mainly because of may be the private-sector initiatives Mr. LANTOS. Mr. Speaker, I yield the political climate. and other issues at hand, the reality myself such time as I may consume to Mr. LANTOS. If I may reclaim my was that without that economic assist- respond to some of the observations time, not only was it not harmful, it ance, there was a danger that western the gentleman from Texas made. was the inevitable precondition of de- Europe would destabilize and that I think the gentleman from Texas is velopment. The gentleman should be much of it would be taken over by So- correct in recognizing the importance open-minded enough to admit that this viet influence. We recognized that of private investment flows to Europe. was an enormously statesmanlike and short-term expenditure was the right I think they played an absolutely criti- incredibly successful measure, and I thing to do for human rights, for eco- cal role in European recovery. But I have difficulty visualizing the need 50 nomic opportunity, for political rights. wonder whether he would not agree years later, looking at a success story, I think to say that that model only with me that without creating the trying to denigrate it. worked about one time in history framework of political stability, mili- Mr. Speaker, I yield back the balance frankly does not meet the historical tary security, the rebuilding of the in- of my time. Mr. GILMAN. Mr. Speaker, I yield test. frastructure, the absolutely indispen- If we take a look at the countries sable achievements of the Marshall myself such time as I may consume. I want to thank the distinguished that are our biggest purchasers of plan, none of that capital would have gentleman from Texas for his impor- grain products today, they are many of flowed into Europe. tant, constructive contributions to this the countries that started off under a I was in Europe in 1945 and in 1946 debate. I would like to note to our col- PL–480 program. To argue that there and in 1947 and it was a continent of leagues, in our proposed Foreign Policy are still some countries in the world devastation, destruction, hopelessness Reform Act, we are trying to move that have not recovered is not, frankly, and despair. No American company was from government-to-government aid to an astounding argument. When we look interested in investing in a battlefield, aid that benefits the private and vol- at any program, it works best on cer- which Europe was at the end of the untary sectors. We are involved in try- tain areas, and other areas are more Second World War. It was the creativ- ing to reform foreign aid and to en- difficult to get to. It does not mean ity and the vision of American political courage and stimulate private invest- that there is not a benefit to us in that leadership on a bipartisan basis that ment in the developing world. area. created the framework for all of the Mr. Speaker, I have no further re- Let me finish with these two points, subsequent investments and trade quests for time, and I yield back the and I will yield to the gentleman from which flowed after the basic pre- balance of my time. Texas. conditions were created by the Mar- The SPEAKER pro tempore (Mr. That is, every place we have played a shall plan. BARRETT of Nebraska). The question is major role in establishing democratic My friend from Texas should rejoice on the motion offered by the gen- governments, governments that re- with us that this was a shining mo- tleman from New York [Mr. GILMAN] spect human rights, not only have we ment of American history. It was one that the House suspend the rules and done the right thing, we then turn out of the most beautiful moments of agree to the concurrent resolution, to have the best markets there; but it American history when we went in to House Concurrent Resolution 63. has taken a cooperation between gov- do good and succeeded in doing well for The question was taken; and (two- ernment and the private sector, and we us and for our European friends. thirds having voted in favor thereof) cannot do it without both. I do not see any point in diminishing the rules were suspended and the con- I would say the same thing has hap- this achievement of President Truman current resolution was agreed to. pened in agricultural sales: that in the and Secretary of State Marshall and A motion to reconsider was laid on countries where we have provided the Senator Vandenberg and Congressman the table. most generosity of the American peo- , who served in this f ple to providing assistance, those are body and who as a Republican did so the countries that have turned out to much to support these measures. When GENERAL LEAVE be the largest purchasers of American the history of this century is written, Mr. GILMAN. Mr. Speaker, I ask agricultural products, which helps our there will be a shining moment of unanimous consent that all Members trade balance immensely. American bipartisan political leader- may have 5 legislative days within Lastly, I would say that if the gen- ship which is represented as we cele- which to revise and extend their re- tleman thinks the tax burden in this brate it with the Marshall plan. marks on the concurrent resolution country is distributed badly, I agree What is called for now is a recogni- just agreed to. with that. Let us vote for a progressive tion that the Marshall plan, because of The SPEAKER pro tempore. Is there tax. There is a very easy solution to Soviet occupation of central and east- objection to the request of the gen- that. ern Europe, could only do half the job. tleman from New York? May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3109 There was no objection. Mr. HASTINGS of Washington. Mr. with this legislation. During the com- f Speaker, yesterday the Committee on ing debate, we will hear differing view- Rules granted an unusual request from points on how this legislation may im- PROVIDING FOR CONSIDERATION the Committee on Resources. As my pact dolphins, but keep in mind that OF H.R. 408, INTERNATIONAL colleagues know, under the gentleman the Clinton administration’s experts, DOLPHIN CONSERVATION PRO- from Alaska [Mr. YOUNG], the Commit- our own Committee on Resources and a GRAM ACT tee on Resources has typically brought wide variety of environmental organi- Mr. HASTINGS of Washington. Mr. its bills to the floor under open rules. zations all believe that this bill will Speaker, by direction of the Commit- However, in the case of H.R. 408, cer- save dolphins’ lives and that it will tee on Rules, I call up House Resolu- tain provisions of which also fall under also do so in a more effective way than tion 153 and ask for its immediate con- the jurisdiction of the Committee on current law will. sideration. Ways and Means, special circumstances H.R. 408 backs up that claim by man- The Clerk read the resolution, as fol- clearly warrant granting a modified dating that every tuna boat operating lows: closed rule. in the eastern Pacific carry an observer H. RES. 153 H.R. 408, the International Dolphin to certify that not a single dolphin was Resolved, That at any time after the adop- Conservation Program Act, essentially killed when the tuna nets were hauled tion of this resolution the Speaker may, pur- codifies an international agreement be- up. Even one dolphin death would pre- suant to clause 1(b) of rule XXIII, declare the House resolved into the Committee of the tween 12 nations known as the Declara- vent the entire catch from being sold Whole House on the state of the Union for tion of Panama. Were the House to in the United States as dolphin safe. consideration of the bill (H.R. 408) to amend make any significant changes to H.R. Under today’s standards American con- the Marine Mammal Protection Act of 1972 408, this historic agreement would be sumers do not have this kind of guar- to support the International Dolphin Con- lost. antee. servation Program in the eastern tropical Mr. Speaker, it is worth noting that However, this proposal is not just Pacific Ocean, and for other purposes. The the negotiations that produced this about saving dolphins; it is about pre- first reading of the bill shall be dispensed agreement could serve as a model for serving other endangered marine spe- with. General debate shall be confined to the environmental policymaking on many cies, such as sea turtles as well as bill- bill and shall not exceed one hour equally di- vided and controlled by the chairman and other issues because virtually every fish and juvenile tuna. Those of us who ranking minority member of the Committee important viewpoint on the tuna-dol- support H.R. 408 are pleased that it will on Resources. After general debate the bill phin debate was represented at the address the entire eastern Pacific eco- shall be considered for amendment under the table. These negotiations not only in- system as a whole and not just one as- five-minute rule. In lieu of the amendment volve the governments of 12 nations, pect of it. recommended by the Committee on Re- but also include key representatives Simply put, Mr. Speaker, Members sources now printed in the bill, it shall be in from both the environmental commu- desiring to protect dolphins, sea turtles order to consider as an original bill for the nity and the fishing community. and other important marine life should purpose of amendment under the five-minute As a result, Mr. Speaker, it is an rule the amendment in the nature of a sub- support this rule to pass the Inter- stitute printed in the Congressional Record agreement that enjoys unusually broad national Dolphin Conservation Pro- and numbered 1 pursuant to clause 6 of rule support from Vice President gram Act. XXIII. That amendment shall be considered to the Committee on Resources chair- Mr. Speaker, I reserve the balance of as read. Points of order against that amend- man, the gentleman from Alaska [Mr. my time. ment for failure to comply with clause 7 of YOUNG], from Greenpeace to the Amer- Ms. SLAUGHTER. Mr. Speaker, I rule XVI are waived. No amendment to that ican Sports Fishing Association, and yield myself such time as I may amendment shall be in order except the from the Tuna Boat Owners Associa- consume. amendment printed in the Congressional tion to the labor unions whose mem- Mr. Speaker, I do not oppose this Record pursuant to clause 6 of rule XXIII, rule, but I do have some reservations which may be offered only by Representative bers work on those boats. The broad Miller of California or his designee, shall be support was most visibly demonstrated about the legislation that the rule considered as read, shall be debatable for one on July 31 of last year when the House would make in order. hour equally divided and controlled by the passed an almost identical bill by an The public outrage at the high level proponent and an opponent, and shall not be overwhelming bipartisan majority of of dolphins slaughtered by tuna fishing subject to amendment. At the conclusion of 316 to 108. Clearly the time has come fleets in the eastern Pacific was so consideration of the bill for amendment the for the United States to ratify this im- strong that in 1990 the U.S. tuna can- Committee shall rise and report the bill to portant measure without further delay. ning industry announced a voluntary the House with such amendments as may policy of refusing to purchase tuna have been adopted. Any Member may de- For that reason and in recognition of mand a separate vote in the House on any the delicate nature of this inter- caught by harming or killing dolphins. amendment adopted in the Committee of the national agreement, the Committee on This voluntary policy led to the now Whole to the bill or to the amendment in the Rules has reported a modified closed well-known dolphin safe label found on nature of a substitute made in order as origi- rule that allows for an up or down vote cans of tuna that are sold in the United nal text. The previous question shall be con- on the bill. States. Under the current statutory sidered as ordered on the bill and amend- The bill provides that in lieu of the definition of dolphin safe, which was ments thereto to final passage without inter- Committee on Resources amendment, supported by the Bush administration vening motion except one motion to recom- the amendment in the nature of a sub- and virtually all environmental organi- mit with or without instructions. stitute printed in the CONGRESSIONAL zations when it was enacted in 1990. No b 1330 RECORD and numbered 1 shall be con- tuna product can be labeled dolphin The SPEAKER pro tempore (Mr. sidered as the original bill for the pur- safe if caught by chasing, harassing or BARRETT of Nebraska). The gentleman poses of amendment, and said amend- netting dolphins. But Mexico and other from Washington [Mr. HASTINGS] is rec- ment shall be considered as read. Latin American countries who are ognized for 1 hour. The rule further provides for the con- eager to gain access to our billion-dol- Mr. HASTINGS of Washington. Mr. sideration of an amendment printed in lar American tuna market have pro- Speaker, for the purposes of debate the CONGRESSIONAL RECORD to be of- tested that the labeling practices con- only, I yield the customary 30 minutes fered by the gentleman from California stitute a trade barrier. to the gentlewoman from New York [Mr. MILLER]) or his designee. Finally, So to accommodate those nations [Mrs. SLAUGHTER], pending which I the rule, which was agreed to in com- H.R. 408 would change our definition of yield myself as much time as I may mittee by voice vote without dissent, dolphin safe upon which American con- consume. During consideration of this also provides for one motion to recom- sumers have relied for years. Under the resolution, all time yielded is for the mit, with or without instructions. new definition included in this bill dol- purpose of debate only. Mr. Speaker, Members who are com- phins can be injured, chased and netted (Mr. HASTINGS of Washington asked mitted to protecting the dolphin popu- without limit in the course of catching and was given permission to revise and lations in the eastern Pacific will agree tuna which, will then be stamped de- extend his remarks.) that it is vital that we move forward ceptively with the dolphin safe label H3110 CONGRESSIONAL RECORD — HOUSE May 21, 1997 and sent straight to the American gro- Mr. Speaker, there is simply no ex- They have been out there doing the cery store shelf. Essentially, the law cuse for this Congress’ continuing fail- hard work while others have been would dupe American consumers into ure to take action on this issue. The doing the complaining and the talking purchasing canned tuna stamped with leadership of this House owes it to the to the press, and they have come up the same dolphin safe label that they voters of the Nation to seize the oppor- with a pretty good solution. We have are accustomed to, but under a defini- tunity before it and to enact respon- got some environmental legislation tion that is much weaker then the cur- sible campaign reform, and I hope my here that is difficult to craft, but we rent one. colleagues will join me in opposing the have got a bill that is actually strongly I remember the debate on GATT and previous question and opposing H.R. supported both by environmental orga- NAFTA, and what is on the floor today 408. nizations and by business, in this case is what we were promised would not Mr. Speaker, I reserve the balance of the tuna industry, and it is supported happen. U.S. consumer and environ- my time. by the Vice President, Vice President mental laws are being bargained away Mr. HASTINGS of Florida. Mr. GORE, and the gentleman from Alaska to satisfy the demand of other nations Speaker, I yield as much time as he [Mr. YOUNG], and those represent fairly for access to our markets. This legisla- may consume to the gentleman from diverse views on how we deal with the tion will overwhelmingly benefit Mex- Florida [Mr. GOSS]. environment. ico and other foreign tuna fishermen (Mr. GOSS asked and was given per- Under current law to receive the dol- who want to skirt the current require- mission to revise and extend his re- phin safe stamp of approval requires ments for selling their tuna illegally marks.) only that the tuna was caught using on our shelves, and it undercuts United Mr. GOSS. Mr. Speaker, I thank my fishing practices generally considered States tuna fishing fleets who have friend the gentleman from Washington safe for dolphins. That does not mean been complying with the law. [Mr. HASTINGS] for yielding me this they were safe; it is just that somebody At its heart this is not a dolphin con- time, and I am pleased that the House servation measure. We know it is not got away with saying they were consid- is again turning its attention to the ered safe. We were measuring what we because it doubles the number of dol- issue of dolphin safe tuna. That actu- phins permitted to be killed. Even the thought might be an expectation, and ally is the subject today, the question National Marine Fisheries Service re- when we looked at the outcome, we de- of dolphin safe tuna and better protec- ports that the two dolphin stocks most cided we could do better, and hence tion of dolphins. That is on the sched- frequently chased and netted during this bill today. Whether the dolphins ule, and that is what we are going to tuna fishing are at 20 percent or less of are actually killed during the catch is debate because the rules of the House their original sizes, and neither of what matters, and we think we have a say that when we are going to debate a those dolphin stocks is increasing. better way to stop that senseless H.R. 408 is a convenient means of subject, we are supposed to stick to death. ending a trade dispute with Mexico and that subject. So while there are many H.R. 408 tightens the dolphin safe def- other Latin American countries at the other subjects we could talk about inition to require that no dolphins are expense of the American consumer and today, this is the moment that we have killed, a standard that will be enforced our environment. My real concern is set forth in the Committee on Rules, in by having an observer on each fishing the precedent the bill would set. Enact- I think, a very fair and appropriate boat observing every catch, and if even ing it sends a message to any foreign rule, to talk about ways to improve one dolphin death happens in a catch, trading partner that this Congress is protection for dolphins who are sense- that would prevent the whole catch willing to sacrifice U.S. consumer and lessly slaughtered as part of a fishing from being sold in the United States as environmental protection legislation process that caused international out- dolphin safe. The United States is a in the name of multilateral trade rage a few years ago. very lucrative market, much sought agreements and that our domestic laws This debate is a very important one after, so that is a very important con- can simply be negotiated away. for the environmental community and sideration. Clearly it is also a more Mr. Speaker, this is a wrong message. the business community and for me es- stringent standard and one we should I am having a hard time swallowing pecially as a Representative from all be able to agree on today. the argument that this agreement is southwest Florida, which is a true par- Another issue of particular impor- our only option to avoid a showdown adise for people and for dolphins as tance to me is by-catch. When sea tur- between Latin America and the United well. tles and other nontarget species are States at the World Trade Organiza- In 1992, I was a member of the Com- caught and die in fishing nets, it is tion. Congress is being told by the ad- mittee on Merchant Marine and Fish- called by-catch. We have made real ministration and Mexico to take it or eries that we had in those days, and I progress towards reducing this waste- leave it. Surely a compromise could helped push for the successful passage ful practice in the Magnuson bill last have been reached that protected the of the Dolphin Conservation Program year, and I am pleased H.R. 408 will integrity of the U.S. consumer and en- Act. That was in response to the out- help reduce what is a very real problem vironmental laws by still allowing rage of the senseless killing of dolphins still of wasteful by-catch. trade with their neighbors. as by-catch in the fishing process. Some have expressed concern about While I will not oppose the rule, I do We came up with a good solution. this bill in relation to trade, to NAFTA urge my colleagues to oppose the un- Over the last 5 years we have made real or GATT. At the outset let me say that derlying bill, H.R. 408, and in addition progress in lowering dolphin mortality. I too have some concerns about trade I urge my colleagues to defeat the pre- Something like 25,000 we knew of were issues, particularly in Florida, about vious question. If the previous question being killed a year. We are now down, questions of enforcement in NAFTA. is defeated, I intend to offer an amend- I am told, to 5,000. That is still a high But I am convinced that this bill has ment that would require the House to number, but it is a huge improvement. little to do with the trade issue. If my consider campaign finance reform be- But there are still a few lingering prob- colleagues will excuse the word, it is a fore Memorial Day, May 31, so that a lems with the current law that we red herring and does not impinge upon final campaign finance reform bill can passed, and the bill under consider- U.S. sovereignty. be sent to the President Clinton before ation today provides the United States H.R. 408 implements more stringent July 4, and I would like to use this op- the opportunity to address some of protections for dolphins and marine portunity to again raise the issue of those problems while implementing life in the eastern Pacific. If we want why the majority has yet still to hold stronger protections for dolphins and to protect dolphins, sea turtles, and any hearings or markups on campaign other endangered species, and that is other marine life, we should support finance reform. Fifty-eight bills have what we are doing here; we are making this rule and vote for H.R. 408. I think been introduced in the House, 1 of sure we are doing the right job in it does the job very well, and that is which is my own, to provide free tele- terms of protecting endangered species. the job we are here to do today. vision time, and yet all 58 of these First let me commend the gentleman Mr. HASTINGS of Washington. Mr. campaign finance bills languish in from Maryland [Mr. GILCHREST] and Speaker, I reserve the balance of my committee. the others for their work on this bill. time. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3111 Ms. SLAUGHTER. Mr. Speaker, I nected from the American people. They Mr. HASTINGS of Washington. Mr. yield 5 minutes to the gentleman from no longer see a link between their lives Speaker, I yield as much time as he Michigan [Mr. BONIOR]. and politics, between their work and may consume to the gentleman from b 1345 the economy, between their commu- New York [Mr. SOLOMON], chairman of nity and the challenges that we face as the Committee on Rules. Mr. BONIOR. Mr. Speaker, I thank a country. We need to have a debate Mr. SOLOMON. Mr. Speaker, I thank my colleague from New York [Ms. about the fundamental nature of poli- my friend from Washington for yield- SLAUGHTER] for yielding me this time. tics in this country, and we should not ing me the time. I remind my col- Let me begin by saying that I am be afraid to have it. leagues we are debating a rule for the going to support the gentlewoman from So I am calling on the leaders on the International Dolphin Conservation New York in her efforts to get the pre- Republican side, the Speaker and the Program Act. This was a noncontrover- vious question defeated so that we can other leaders. Set a date. We have sial rule until my colleagues on the offer an amendment so that we can get asked for May 31. That is obviously not other side of the aisle decided to take a debate on campaign finance reform in going to happen. Now we want to have this time to discuss unrelated issues. this Congress. that debate to meet the President’s ex- And certainly the speaker that just It will be the fifth time in this Con- pectations on the Fourth of July. preceded me is a former member of the gress Democrats are demanding that It is no secret why some on this side Committee on Rules, he is also one of we vote on campaign finance reform, of the aisle do not want to have that the most intelligent Members of the and we will try to defeat the previous debate. They have huge, wealthy do- Congress. He is in the Democrat leader- question to get that done. We have had nors that contribute enormous ship and he knows the rules of the campaign finance reform votes on Jan- amounts of money, mostly from the House. The rules of the House prohibit uary 7, March 13, April 9, and April 16, business community. They outspent the discussion of unrelated matters and not one of my colleagues on the the labor community seven to one in when discussing a rule. other side of the aisle has joined us in this last election. The Washington However, since they have done that, support of creating a day when we can Times, according to an article on April Mr. Speaker, I guess I could have ob- have the debate on a very important 9, said this: Those wealthy contribu- jected to it and made a point of order, issue that this country is yearning to tors have told the Republican leader- but I think rather than do that, let me hear about. ship they can forget about more money just participate in this nonrelated Our way of financing political cam- for the Republican Party unless tax issue which we should not be discussing paigns in this country is broken. Ev- cuts are enacted. on the floor. erybody knows it. We all labor through Just last week, before thousands of The previous speaker made some ref- an elaborate series of hurdles and wealthy contributors who gave as erence to contribution dollars coming meetings and fund raisers just to stay much as a quarter of a million dollars from labor and contribution dollars above water in order for us to compete to attend a dinner, a leader of the Re- coming from big business from the cor- politically, and it is eating up our publican Party asked the assembled porate sector. Well, let me just remind time. It is eating up our resources. It is crowd to imagine Democrats in charge the gentleman that it is illegal to ac- wasting the country’s energies. It is of Congress. And then he said, and I cept any kind of money from corpora- creating a situation in which scandal quote: Whatever you have donated, tions or companies that are incor- worked for or given to avoid that alter- after scandal on both sides of the aisle porated in this country. I do not think native is a token of what it has saved appear daily in our newspapers and on any of us do. And if any of us do that, you. It is a token of what it has saved our radio and television sets. we ought to be brought up on ethics I think the American people have had you. Well, it does not take an Einstein to charges and FEC violations by the it. They want a full-blown debate on FEC. The previous speaker who just how best to fix this. Now, we know read between the lines there. Money is eating at the heart of the system. Vote spoke, and I happened to look at his fi- there are many parts. There is a con- nancial filing the other day, and he re- stitutional part that is involved here, ‘‘no,’’ vote ‘‘no’’ on the previous ques- tion so we can get a debate on this ceives money from labor, just like the there is legislative, probably some reg- floor on the alternative. gentleman from New York, [Mr. JERRY ulatory things we can do, but we all Mr. Speaker, I want to compliment SOLOMON] does, this Member of Con- ought to have it out. We ought not to the gentlewoman from New York. She gress, and I am very proud that the hide behind a system that is not work- has offered an alternative. She has an workers at GE and the postal workers, ing. Some of our colleagues in this alternative that will open up our air- the letter carriers who were just at my body have to raise as much as $10,000 a waves, the airwaves that we pay for so office a few minutes ago, make con- day in order for them to be viable po- we can get on and we can campaign and tributions into a political action com- litically. That is outrageous. we can get our messages out to the mittee to me to help me be reelected, We have just seen or come through American people. It means taking on and I really appreciate that. an election in Great Britain where very the broadcasters, but they are our air- I also have it from other employees few dollars are required to run for po- waves. I want to compliment her for at Co., for instance, litical office. We are watching the Ca- doing that. who contribute to my campaign as nadians now in their parliamentary I want to compliment the gentleman well. Under the Constitution, that is elections right across from my district, from California [Mr. FARR] for his bill. absolutely legal, and the way that it the same situation. The Irish will have I want to compliment my Republican should be. one soon. And yet here we are, spend- colleagues who have a disclosure bill. I The minority is attempting to defeat ing upward of $1–$2 million per individ- do not agree with it, but they need to the previous question and offer the fol- ual on congressional races. We need to have that opportunity to have the de- lowing so-called proposal. I think this change the system. And the other side bate on the disclosure bill. I want to is what it said the last time I looked at needs to participate in that debate. compliment the gentleman from Mas- it: The House shall consider com- Although some have proposed spend- sachusetts [Mr. MEEHAN]. He has a pro- prehensive campaign finance reform ing even more on campaigns on this posal which I agree with in many re- legislation under an open amendment side of the aisle, the American people spects but have some disagreements process. And the gentlewoman from think just the opposite. Nine out of ten with. New York [Ms. SLAUGHTER], my good believe too much money is being spent We ought to have it all out. We ought friend, mentioned something about be- on political campaigns today. So we to have some debate. There are too fore May 31, but then I hear the pre- need to fix the system, to get the many good ideas that are sitting, wast- vious speaker, the minority whip, say money down, to set limits, to stop the ing away. The American people want something about July 1. I really think negative advertising, and to get Ameri- this debate, our system demands it, we we ought to get our act together and cans voting again. ought to clean up politics in this coun- decide which is which here. Somewhere along the line our Na- try and get on with campaign finance But let me just say this, Mr. Speaker tion’s political discussion got discon- reform. and my colleagues. There is no bill, no H3112 CONGRESSIONAL RECORD — HOUSE May 21, 1997 amendment, no text, no proposal, no contributions that were apparently il- back, that it was not just 39 meetings, idea even. This is just a lot of hot air legal made to the Democrat Party and it was 109, and some of those were held meant to influence some people up in the Clinton White House? Did they in- at the White House. We are still trying the press gallery or those that might fluence foreign policy? I would like to to find out with whom they were held be watching. know from the Democrats whether the and what was discussed, and what kind Now, having said that, I would ask Democrat operative, John Huang, of economic espionage was leaked at my colleagues on the other side of the broke campaign finance laws by fund- that time. Then just yesterday or the aisle, how would this alleged proposal raising when he was on the Govern- day before I find out it was not 39, it address violations of existing law? Let ment payroll. I would like to find out was not 109, it was 149, by this same me tell my colleagues something, that whether John Huang broke the laws by gentleman that is undermining Amer- is what I am concerned about here. coordinating donations from non-U.S. ican business and industry. Does the Democratic bill that they are citizens who have ties with his former What we need on this floor, and the talking about relate at all to obstruc- employer, and with no apparent rea- gentleman has my commitment to get tion of justice by high-level Clinton ad- sons, what was the pattern that they on our bill, is full financial disclosure. ministration officials as reported in were given to the Clinton folks and the I want to know where that money ? Where are these Democrat National Party? came from, who contributed it, and articles I just had here, and the New Did Mr. Huang compromise the U.S. then let us get to the bottom and hold York Times a little while ago? Does national security by sharing secret those people responsible. the minority have any kind of plan Government information with his I would say to the gentleman, I am that would address the daily revela- former employer overseas? This is a going to have to yield back, but if the tions of national security breaches very relevant security question. Do the gentleman gets his own time I will stay that threaten the security of the Unit- Democrats want to find out if White on the floor and I will be glad to enter ed States of America within the high- House officials, while on Government into a colloquy. est levels of the executive branch, ac- payroll, illegally raised funds for the Mr. HASTINGS of Washington. Mr. cording to these articles? These arti- Democrat Party? I would like to know Speaker, I reserve the balance of my cles say Whitewater prosecutor finds about the computer database at the time. obstruction of justice evidence. White House. Was it legitimate or was Ms. SLAUGHTER. Mr. Speaker, I Whitewater counsel says he has evi- it just there to keep track of Democrat yield 2 minutes to the gentleman from dence of obstructing justice. donors? Massachusetts [Mr. MCGOVERN]. Whitewater grand jury term extended, I would like to know whether the Mr. McGOVERN. Mr. Speaker, I rise cites possible obstructions of justice. White House improperly used the FBI, to ask my colleagues to vote ‘‘no’’ on Let me tell my colleagues something, the National Security Council, or the the previous question. I ask my col- that is what the constituents I rep- CIA to pursue fund raising. leagues to defeat this motion so we I think all of this is very important. resented are interested in. They want may offer an amendment that will re- I would like to know how long was the to know where all of this money com- quire the House of Representatives to President raising money in the Lincoln ing in from the Chinese Government debate real campaign finance reform bedroom, and does the President plan into political pockets in this Congress, before July 4, the deadline the Presi- to continue doing this? I would like to they want to know how that money got dent gave Congress in his State of the know, if the Democrat Party took all Union address 4 months ago. here and how that is illegal. Sure, if we of this money so earnestly, why have want to get to the bottom of that, let The current campaign finance system they had to return so much of it? is clearly broken, and it needs to be us get it out here and let us debate it. I believe that we have a legitimate fixed in a comprehensive way, and it I would challenge anyone and all of my reason to be talking about campaign fi- needs to be fixed today. The Founding colleagues on that side of the aisle, nance reform, but I also think a major Fathers intended the loudest voices in come on out here; we will do a special part of it is to talk about implement- elections to be those of the American order and we will talk about it to the ing current law. Before we go on with people, not wealthy, powerful special end. new grandiose plans blaming it on the interests. When a candidate for elected Would the minority’s proposed bill system, let us talk about the current office spends 90 percent of his or her address the allegations of foreign cor- ethics situation over at the White time raising money, how can they ef- ruptions of our national system which House. is being discussed across the country in I think that, if the Democrat Party fectively address their constituents’ the media? As I scan down the news- insists on ignoring these very pertinent concerns? papers every single day, what I am con- and relevant questions, which have far Unfortunately, many of my col- fronted with, Mr. Speaker, is not a more to do with national security than leagues on the other side of the aisle question of how the Nation should fi- they do with partisan differences, then have resisted Democratic efforts to re- nance political campaigns but more a I think they are doing the country a duce the influence of money in politics. question of, is the White House adher- disservice. We in this Congress have a Speaker GINGRICH has said he would ing to the rule of law? That is the im- security obligation as well as a cam- emphasize far more money in the polit- portant thing. paign finance reform obligation. ical process. In my view, that is pre- The American people expect their cisely the wrong direction for us to go. b public officials to abide by the law. 1400 There are a number of very good, com- Once this minimum threshold is met, Mr. SOLOMON. Reclaiming my time, prehensive campaign finance proposals then we can consider proposals to ex- Mr. Speaker, because we are running out there. While we might not all agree isting law. out of time, the gentleman mentioned on every detail, I think we deserve to Mr. KINGSTON. Mr. Speaker, will a name, the name of John Huang. Yes, have a date set for discussion to begin. the gentleman yield? the gentleman is right, we ought to get What we are asking Speaker GING- Mr. SOLOMON. I yield to the gen- to the bottom of this, because this is a RICH to do, then, is to simply give us a tleman from Georgia. man who was hired at the request of date certain, give us a day when we can Mr. KINGSTON. Mr. Speaker, I the President’s wife, worked for the discuss campaign finance reform. Let thank the gentleman from New York Commerce Department, and it had at advocates and opponents of various for yielding, because I too join him in first been revealed that he had 39 clas- proposals offer their opinions and de- this almost fetish about creating new sified briefings, followed up by simulta- fend their positions on that day. laws, and yet, no interest at all in en- neous phone calls to an international I and a number of my freshmen col- forcing the current laws, which may or conglomerate called Lippo, who is un- leagues have been pressuring the may not have been broken. dermining and competing with Amer- Speaker and the Republican leadership I add to the gentleman’s list of ques- ican business and industry and jobs in to schedule a day of debate and a vote tions; when the Democrats talk about this country. on real campaign finance reform before campaign finance reform, do they want Then we found out from the Com- Memorial Day. Memorial Day is next to find out about the international merce Department that they had held Monday, and guess what, no date, and May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3113 there is no indication that there will be introduced, all of those bills that have does not feel he can have an impact on a date. been introduced on campaign reform, a political process when he hears about My colleague, the distinguished and have an honest debate and vote a half a million dollars to the RNC or chairman of the Committee on Rules, them up and down. That is what we a half a million dollars to the DNC. We said he would be willing to engage us in ought to be doing. Defeat the previous ought to limit contributions to $100, a special order. We do not want a spe- question. make every American feel like they cial order, we want a day where we can Ms. SLAUGHTER. Mr. Speaker, I can be empowered. We have to have a vote on campaign finance reform. yield 4 minutes to the gentleman from system that encourages women and mi- Mr. Speaker, let us move forward and Connecticut [Mr. GEJDENSON]. norities to have the same opportunity pass real, comprehensive campaign fi- Mr. GEJDENSON. Mr. Speaker, my to run as wealthy white males. nance reform. The fact is that in view friends on the majority, the Repub- I have nothing against wealthy white of all the campaign finance scandals licans, are on the horns of a dilemma. males, but they should not be the only that have engulfed both parties, the They are trying to keep the focus on ones represented here. fact that this House has failed to act is the Presidential campaign. They al- ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE in my view a national scandal. Vote ways forget Mr. Barbour, their chair- The SPEAKER pro tempore [Mr. ‘‘no’’ on the previous question. man, who got a half a million dollars GUTKNECHT]. If the gentleman from Ms. SLAUGHTER. Mr. Speaker, I from a Chinese company. It seems Connecticut [Mr. GEJDENSON] will sus- yield 3 minutes to the gentleman from clear by some of the articles that they pend, the Chair will take the preroga- California [Mr. FARR]. targeted foreign money over at the tive of the Chair to remind all Mem- Mr. FARR of California. Mr. Speaker, RNC, they washed it through a non- bers that under the rules and prece- I thank the gentlewoman for yielding profit and sent it over to the RNC. dents of the House, it is not in order to But we can all sit here and talk time to me. cast reflections on the Senate or its about the failures of the present sys- I rise on this rule on H.R. 408, the bill Members, individually or collectively. tem. The horns of the dilemma which that deals with changing the law about Finally, it is not in order to refer to they are on is while they can highlight truth in labeling. It essentially the President in terms that are per- the problem, the American people re- changes the law about how we label sonal. things in America. I rise to speak ject their solution. Mr. GEJDENSON. Mr. Speaker, I The last time they brought a bill to against the rule, because we are refus- thank the Chair. I think those are good the floor they wanted to increase the ing to change the law that allows truth rules. We are all trying to live by amount of money wealthy individuals in America about how we run cam- them. could give. If Members think wealthy paigns. The question is, Are we going to re- people do not have enough access to The honorable chairman of the Com- spond to a system that is endangering Government, maybe that is their solu- mittee on Rules just said this is a lot the support of the American people? tion. The American people do not be- of hot air. The heat is being turned on When they see a half a million dollars lieve that. They wanted to increase the because the American public wants to given to one campaign or another, they amount of money you could give to have campaign finance reform. The feel like their involvement volunteer- worst abuse of power about it all is parties in almost every other category. The American people do not believe ing in a campaign, or a small contribu- when they, because they are in power, tion that an average individual could if they have the power to bring issues that is the solution. So the reason they do not want to bring the bill to the give, are meaningless. to the floor for debate, that is what is Let us come together on this and floor is because if they bring it to the missing. That is why we ought to be give the country back to the people, floor, the solution they present will be defeating this rule, and every rule until almost unanimously rejected by the send them the message that their vol- we get a bill here on the floor, get a American people. unteering in campaigns for Repub- moment here on the floor where we can The record here is clear. Under licans, Democrats, or Independents is vote on choices for campaign reform. Democratic control this House passed vital to the political process. Let us Look at this. We have had campaign campaign finance reform through the tell them that we are not going to have reform voted on on this floor in the House and Senate. It was then vetoed the kind of monstrous-sized checks last four Congresses. Every one of by President Bush. With the election of given to political parties and can- those has taken up campaign reform. President Clinton and his commitment didates that make the average citizen The President for the first time came to sign a campaign finance reform bill feel like they do not count. right here in this room and asked us, in the first 2 years, with a Democratic Let us give America back to the peo- by July 4, just a few months from now, House we were able to pass the bill, ple of this country, and let us rebuild to have that bill on his desk, and we only to find it to be filibustered by the the confidence, not just pointing fin- have done absolutely nothing about it. Senator from Kentucky. gers at each other, where each side That is the abuse of power. That is the Now the filibusterers are apparently may have erred, but how do we fix it. abuse of power. in this Chamber as well. The Commit- That is why we are sent here. We are The Republican leadership is avoid- tee on Rules, the leadership on the Re- not just observers in a war, we are here ing the issue. The American public publican side of the aisle, have refused to fight for our constituents. I believe wants us to debate it, wants us to vote to give the Members of Congress an op- the majority is abdicating that respon- it, and wants us to reform it. All we are portunity to bring this legislation to sibility on this crucial issue. here to talk about is how we are going the floor. Mr. HASTINGS of Washington. Mr. to take away the law about tuna in a If the Members were firemen on that Speaker, I yield 1 minute to the gen- can, how we are going to change that side of the room, they would be looking tleman from Florida [Mr. MICA]. law, how we are going to tell people, at a fire saying, my, it is terrible. It is Mr. MICA. Mr. Speaker, we are talk- they will misperceive, and people are burning. It ought not to be doing that. ing about a rule here on a tuna-and- not going to know whether the tuna in Why do you not turn a hose on? They fish bill. Everyone knows there is that can was fished safely or not, and say, ‘‘Oh, no, we are just here to cri- something fishy and something wrong yet we will not debate about how we tique the present system. God forbid with campaign financing as we know are going to get people elected to the we should come forward with a solu- it. I think this side wants to change it. U.S. Congress. tion.’’ The problem is that the other side Congress needs to confront this issue. There are solutions on their side of and the White House, even as we speak I urge my colleagues to vote ‘‘no’’ on the aisle. The gentleman from Califor- here today, have not done much to co- the previous question, and to insist nia [Mr. FARR] has one, I have one. operate in the investigation to see that we honor the people of this coun- There may be different ways to fight a what is wrong with current campaign try, that we honor the President of the fire, but not turning the hoses on is not financing. Even as I am here, docu- United States, that we honor our own one of them. ments are being delivered from the process and our own power by bringing In this case, we have to shut the fire White House. Today we were about to to the floor those bills that have been of money down. The average citizen question and hold in contempt the H3114 CONGRESSIONAL RECORD — HOUSE May 21, 1997 White House legal counsel because 100 days one can do great things. This There was an agreement that was set month after month they have refused House, this Speaker has chosen to do forth, called the Panama agreement, to to cooperate with us. They said they nothing in this first 100 days with re- bring in these other nations to ask were going to give us documents and spect to a on the political sys- them to adhere to our requirements to did not until that pressure was applied. tem of American government. We need not kill dolphin. And they did so under So we want campaign finance reform, that debate on this floor. We need a the dolphin-safe label and under the we want to improve the system, we wide open debate. Panama agreement. Some of my col- want to work with the other side, and Our beloved former Speaker, Tip leagues will say the State Department we know we can and must do a better O’Neill, when asked by people, what is was not involved. I have got letters job. But we should at least have the co- the greatest power that the Speaker of from here, and I have got the actual operation that we have had to elicit the House of Representatives had, he Panama agreement itself signed by the out of the other side by force, unfortu- said, the power of recognition, because State Department. It was negotiated nately, today. the Speaker controlled the agenda. If with five environmental groups that Ms. SLAUGHTER. Mr. Speaker, I the Speaker does not recognize you, support this legislation. yield 3 minutes to the gentleman from you cannot come forth on the floor. I have got a letter here from the California [Mr. MILLER]. The Speaker of this House owes it to President of the United States; I have (Mr. MILLER of California asked and the House and to the American people one here from AL GORE. It says: The was given permission to revise and ex- to use his power to call forth the de- Vice President says the administration tend his remarks.) bate on campaign finance reform and Mr. MILLER of California. Mr. strongly supports this legislation, let the chips fall where they may. The which is essential to the protection of Speaker, the question that we have to investigations will continue and, as the ask ourselves is simply, when is enough dolphins and other marine life in the investigations like to point out, they eastern tropical Pacific. Then the enough? How much longer can we sit are investigating matters that they be- here as Members of the House of Rep- President, our shared goals are to fur- lieve are already illegal under the law. ther reduce, eliminate dolphin mortal- resentatives and pick up any morning That is not the problem in terms of paper in almost any city in the United ity, to minimize incidental catch for representational government, and that other species, and he strongly supports States and read yet another story is not the problem in terms of this in- about some campaign committee, some this legislation. stitution. The problem is the volume of Greenpeace believes, and I quote: officer of the Republican National money that is now foreclosing the Committee, the Democratic National Greenpeace believes that the voices of millions of Americans who Greenpeace bill offers the best founda- Committee, the White House, the con- would like to weigh in in the decisions gressional campaign committees, en- tion for the United States and other that we make in the people’s House. nations to resolve the tuna-dolphin. gaging in activities either that are ille- Mr. HASTINGS of Washington. Mr. gal, or have so distorted the system It goes on and on. Here is one from Speaker, I yield 5 minutes to the gen- Barry McCaffrey. Some of my col- that those who write large checks, tleman from California [Mr. leagues will claim that we are shipping those who have access to money, get CUNNINGHAM]. access to government that the ordinary Mr. CUNNINGHAM. Mr. Speaker, I drugs through fishing fleets. Give me a citizen could never dream of. will do something unique and speak break. Most of the drugs come through This is supposedly the people’s about the issue at hand, the tuna dol- cargo containers and across our bor- House. Yet we find that money, money phin bill, and stay away from what ders. And, yes, there is a drug problem. is becoming the means of access, as op- some of my colleagues want to get The boat that they refer to is out of posed to your rights as a constituent to into, political maneuvering. Ecuador, which is a dolphin-safe coun- Members of Congress. Every day we see I stand before my colleagues as an try already. And guess what, there was more and more decisions brought forth original cosponsor of a bill that would no fishing paraphernalia on the boat in the press that were distorted by save dolphins. When I was on the Mer- that was caught. It was one of their money: decisions of regulatory agen- chant Marine and Fisheries Commit- boats. It was not even fishing, and it cies, decisions of committees, decisions tee, we had a pretty monumental prob- had no observer. of subcommittees, where money influ- lem. All over the world, dolphin were Every single boat that goes out to enced the outcome of the deliberations. being killed in thousands and thou- fish will have an internationally The Republicans like to suggest that sands of numbers. Both the United trained observer to monitor, to make it is all just about illegal contribu- States and other fishing environments sure that there are no slip-ups. If there tions. The tragedy at the end of all of and fishing fleets reacted and tried to is a dolphin killed in that set, Mr. these investigations will be that the devise methods that would actually Speaker, that set cannot be used in vast amount of money that causes the save dolphin and allow us to fish and dolphin-safe fishing. distortions in the system in terms of feed the populations of the world. But yet some of my colleagues will representational government is legal. One of the things they did was to es- still fight it. The real answer, here it is It is legal. It is legal to the extent that tablish a system to where they could right here, Earth Island makes mil- it is simply swamping the ability of back down the net because, where you lions of dollars managing the tuna-safe local constituents to have a say in have tuna being caught, the dolphins dolphin. Here is their fundraising list their election. swim above it. And the dolphin were after they blast all the negatives. Here We need campaign finance reform. At is the President, the Vice President, the very beginning of this session, I being caught up in these nets. So the the White House, we had 316 votes last and 100 of our colleagues, on a biparti- fishing fleets devised a system where year on this. It went through two dif- san basis, wrote to the Speaker and you would actually back down the nets ferent full committees. The sub- asked him to give us a date to bring it and, where the dolphin swim above, the committee, the committees with forth within the first 100 days of Con- tuna would swim out of the back side amendments and changes and all these gress. May 26 is the 100th day and he of the nets. We have had two fishermen changes went through in conjunction has not brought it forth. The President from the United States killed by with the Panama agreement. And now has asked to do it by July 4. There is sharks actually trying to help the dol- they are supported by Republicans and no indication that will be done. phin out of the nets. In 100 days we defeated Saddam Hus- Now, dolphin-safe means that there Democrats, and this is going to pass sein in the Persian Gulf. In 100 days the is no dolphin within that particular overwhelmingly. That is why my col- Brits defeated the Argentinians in the catch that was killed. And for some of leagues across the aisle here want to Falklands. In 100 days Franklin Delano my colleagues, that is not good use this as a political stymie in cam- Roosevelt laid the groundwork for a enough. One of the problems is there paign finance reform. The issue before . are 11 other nations out there that fish us is protecting dolphin. tuna and catch dolphin. They do not I would say that there is another rea- b 1415 adhere to our rules. So there are still son. There are actually, believe it or In 100 days, 2 years ago we passed dolphin being killed in many of these not, pro-reform people in the Mexican most of the Contract With America. In catches. Government that are working with us. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3115 I thank the gentleman for yielding round the dolphin with large nets to enact bipartisan campaign finance me the time. called purse seine nets and scoop up reform by July 4. The following week Ms. SLAUGHTER. Mr. Speaker, I the tuna fish along with the dolphins. the Republican leadership responded by yield 2 minutes to the gentleman from We found that we were killing some- not including campaign finance reform Texas [Mr. TURNER]. thing in excess of 100,000 dolphins a on its list of legislative priorities for Mr. TURNER. Mr. Speaker, I rise to year. That is what this issue is about. the 105th Congress. Soon after the co- urge a no vote on the previous question I find it regrettable that the other sponsors of the bipartisan campaign fi- because of my strong belief that it is side has seen fit to take this time and nance reform act sent a letter to time for this Congress to act and to act steal it away from the environmental Speaker GINGRICH, asking him to work quickly on campaign finance reform. community who have been waiting for with us to set a schedule for House con- Recently quoted 3 years at least to discuss this issue sideration of bipartisan campaign fi- a woman by the name of Pam Elliott in today seriously and take the time and nance reform. We received no response. Tennessee who said, ‘‘The special inter- use it for something else. In February, the Committee on the est groups are spending millions to get But the bill that is coming today I Judiciary held hearings on campaign their point across and people like me think is a very important one and it finance reform and on the first amend- aren’t heard at all. ‘‘Money talks,’’ really has taken a long time to get ment. The gentleman from Connecticut says Ms. Elliott. here. What we will do today is to turn [Mr. SHAYS] and I asked for the chance Unfortunately, Ms. Elliott is right. back the bill that was passed in 1993, to testify on the bipartisan campaign Money does talk. In fact, it not only which did in effect make American finance reform bill. We were denied talks but it shouts. So loud that it is fishermen stop fishing on dolphins, as that opportunity. drowning out the voices of ordinary the terminology goes, stop fishing on dolphins so that we would not kill Americans who want to participate and b 1430 be heard in the political process. 100,000. And we have reduced the kill of As the tide of special interest money dolphins to a very, very low level. Mr. Speaker, over the last 4 months, has increased, voter turnout and con- Unfortunately, 12 other countries the gentleman from California, Mr. fidence in Government has fallen to a that fish in the same fishery chose not GEORGE MILLER, has asked time and dangerously low level. Voters have con- to abide by American law because they time again for a vote on campaign fi- cluded that their votes mean far less had other markets for the fish and they nance reform, for a vote to be sched- than a wealthy contributor’s dollars, were off doing other things. So we set uled. Time and time again his requests and they believe that our Government upon international negotiations have fallen on deaf ears. is for sale to the highest bidder. Expe- through our State Department to bring Mr. Speaker, we have focused long rienced lawmakers from this Chamber an end to the international catch of enough on the problems of our cam- have left this House, because they are dolphins. paign finance system. The question the As we have proceeded, this bill will weary of spending their time pan- American people ask is when will we do be the final chapter, we hope, in bring- handling for dollars. And qualified citi- something about it? Why is it when the ing about a resolution to that problem. zens have declined all across this coun- President challenges Democrats and Not only will we have an international try to run for office because they are Republicans to come up with a biparti- agreement that solves the dolphin unable and are unwilling to stoop to san bill that we see day in and day out problem, we will also have an inter- the level necessary to raise the mil- this legislative calendar with every- national agreement that provides for a lions of dollars needed to run for office thing but campaign finance reform on habitat management plan in effect today. the agenda? which preserves the lives of sea turtles, Less than half of the voters in this We need to vote on campaign finance billfish, sharks and young juvenile, country even bother to participate in reform because this system is broken some people call them baby tuna fish, casting a vote for a candidate for Presi- and needs to be fixed. And as long as all of which are victims of the present dent because they are turned off by the the Republican leadership drags its regime of activities that goes on in this political process as we know it. What feet, we will be on the floor of this fishery which is a very, very bad man- kind of company in this country today House demanding a vote on this issue. agement plan. Ms. SLAUGHTER. Mr. Speaker, I would pay for an advertising campaign So we have heard a lot of hyperbole yield 21⁄2 minutes to the gentleman that drove half the consumers to boy- today about what the other side would from Texas [Mr. DOGGETT]. cott the product? That is what we are like us to hear about. It is no wonder, Mr. DOGGETT. Mr. Speaker, the un- doing with our current system of cam- Mr. Speaker, it is no wonder the Amer- derlying legislation that we are consid- paign finance. ican people get confused. It is no won- ering this afternoon is indeed very im- A democracy cannot survive, much der the American people get disgusted portant. Anyone who has ever been at less succeed, with such a widespread because we bring a rule to the floor sea and seen a school of dolphin leap loss of faith in the democratic process. that has to do with dolphins and tuna into the air knows that this mammal is Mr. HASTINGS of Washington. Mr. fish and sea turtles, and the other side something that is very precious, an- Speaker, I yield 3 minutes to the gen- sees fit to try to publicize and politi- other gift of God to this world. tleman from New Jersey [Mr. SAXTON], cize the debate. subcommittee chairman on this legis- I think it is most unfortunate, Mr. And as beautiful as that sight is, as lation. Speaker. seeing a dolphin leap through the air, Mr. SAXTON. Mr. Speaker, one Ms. SLAUGHTER. Mr. Speaker, I what a contrast it is to see the ugly would hardly know what this bill was yield 2 minutes to the gentleman from side of politics as candidates and elect- about listening to the debate. This rule Massachusetts [Mr. MEEHAN]. ed officials leap through one hoop after is about a bill which has been long in Mr. MEEHAN. Mr. Speaker, we are another in the search for campaign dol- coming. going to have an opportunity to vote lars in a campaign system that each We have been working on this bill for on the underlying bill, but I rise in sup- year requires hundreds of millions of 3 years, and it came as a result of a law port of a ‘‘no’’ vote on the previous dollars in order to have a chance to see actually that was passed in 1993, be- question to require a vote on campaign how this Congress and how this democ- cause in 1993, we recognized that we finance reform by July 4. That is be- racy will run. were killing too many dolphins in the cause the leadership of the Republican Unless we find a better way to deal eastern tropical Pacific by way of tuna Party has refused to bring this issue with the netting of elected officials fish fishermen. up. that is occurring from special interests What was happening back then, Mr. Let me also rise to highlight the Re- across this country, then the fishy Speaker, is very simply that the way of publican majority’s abuse of the legis- smell will pervade more than just this catching tuna was to find a school of lative process to block campaign fi- Chamber, it will pervade this country. dolphin and recognizing that tuna fish nance reform. The American people know how criti- school up under dolphin, we would sur- Mr. Speaker, back in January, Presi- cal it is to reform our campaign fi- round, or the fishermen would sur- dent Clinton challenged the Congress nance system. They have spoken out H3116 CONGRESSIONAL RECORD — HOUSE May 21, 1997 again and again expressing their con- have been around actually for quite a As this debate concludes, it seems as cern not just about one party, but while. As a matter of fact, they were if there is a pattern being set here, at both, and the way our democracy is enacted by Democrat Congresses. And least by the other side, that when we threatened by special interest money, as a matter of fact, Mr. Speaker, just are debating a rule we will go off on and yet again and again we have come two Congresses ago both Houses of the other issues. And I think that is regret- to this floor and asked to be heard on Congress; that is, the House and the table because this issue is a very im- this issue. It is not a question of a lack Senate, were in the hands of the Demo- portant issue. While the minority obvi- of time or a lack of interest in this crat Party. And come to think of it, ously has a right to offer dissenting body; it is, rather, a lack of commit- Mr. Speaker, so was the White House. views and other motions, I think we ment on the part of the leadership to Now, they were not out here talking should put those in perspective. bring this issue to the floor. about lords a leaping and we need to So I will conclude my remarks, Mr. And it is easy to understand why. let the chips fall where they may and Speaker, by reminding my colleagues Speaker GINGRICH has said again and money talks and we need to do some- that defeating the previous question is again that he thinks there is not thing about it. No, all those folks were an exercise in futility because in case enough money in the political system. lining their pockets. They were going the minority wants to offer an amend- He wants even more money flowing to the Huangs and the Lippo Group and ment, that will be ruled out of order as into this system. And we heard him say the Buddhist temples and lining their nongermane to this rule. So as a mat- only last week, at a gathering of con- pockets. And now, when their hand is ter of fact, the vote will be without tributors who gave as much as a quar- caught in the cookie jar, oh, now they substance. ter of a million dollars apiece to the say, this is a bad system and it is awful The previous question vote itself is Republican Party, that whatever they what it has forced us to do and we must simply a procedural motion to close de- have donated, worked for, or given to change this system. We must change bate on this rule and proceed to a vote avoid that alternative; that is, not hav- this system. We have never had the on its adoption. The vote has no sub- ing Republicans in power, is a tiny chance before to change the system, stantive or policy implications whatso- token of what it has saved them. It is but now we must change this system so ever. this quid pro quo system that has to be that what it has forced us to do does Mr. Speaker, at this point I would changed. not ever happen again. provide for the RECORD an explanation We do not claim to have a monopoly This is bogus, Mr. Speaker. Let us of the previous question. get back to the issues and let us move on the solutions. The Blue Dogs have a THE PREVIOUS QUESTION VOTE: WHAT IT solution. The gentleman from Massa- on to the business of this country. MEANS Ms. SLAUGHTER. Mr. Speaker, I chusetts [Mr. MEEHAN] has come for- House Rule XVII (‘‘Previous Question’’) yield myself the balance of my time. ward with a solution. There are many provides in part that: There shall be a mo- The debate we have had today, Mr. tion for the previous question, which, being alternatives that can be considered. Speaker, is important to us, and I But why not allow the time on this ordered by a majority of the Members vot- think it is important to the American ing, if a quorum is present, shall have the ef- floor for a full and open debate on the people, but we do not have a lot of ave- fect to cut off all debate and bring the House need to reform our campaign finance nues to try to make our opinions to a direct vote upon the immediate question system? known. or questions on which it has been asked or What can be more fundamental than A couple of things have been said ordered. the way this democracy works, than that I would really like to comment In the case of a special rule or order of the way our Members of Congress and business resolution reported from the House on. The first is that I share everybody’s Rules Committee, providing for the consider- all of our Federal officials are fi- grief and concern when these laws have nanced? This is vote No. 5 today for re- ation of a specified legislative measure, the been broken. Nobody feels more badly previous question is moved following the one form. Let us make it a positive vote. about that than I, and I want to get to hour of debate allowed for under House Mr. HASTINGS of Washington. Mr. the bottom of it. But one of the ways Rules. Speaker, I yield 2 minutes to the gen- we could have done better in trying to The vote on the previous question is sim- tleman from Georgia [Mr. BARR]. make sure that the laws we have on ply a procedural vote on whether to proceed Mr. BARR of Georgia. Mr. Speaker, I the books now are conformed with was to an immediate vote on adopting the resolu- thank the gentleman from Washington tion that sets the ground rules for debate the $1.7 million that was taken out of and amendment on the legislation it would for yielding me this time. the supplemental last week to the FEC Mr. Speaker, I come from the 7th make in order. Therefore, the vote on the to help them to make sure that all District of Georgia, and I do not think previous question has no substantive legisla- laws are complied with, and I am sorry tive or policy implications whatsoever. we have any dolphins there, but this is that that happened as well. important legislation to many districts H. RES. 153—PREVIOUS QUESTION AMENDMENT This vote today on whether to order TEXT around the country that have problems the previous question is not merely a At the end of the resolution add the follow- with tuna fishing and dolphins. procedural vote. A vote against order- ing new section: We heard about, I do not know ing the previous question today is a ‘‘Section 2. No later than July 4, 1997, the whether it was lords a leaping or dol- vote to allow this opposition, for at House shall consider comprehensive cam- phins leaping through the air in the least a moment, to offer an alternative paign finance reform legislation under an open amendment process.’’ sunset or something. And then we plan. segued from that through a series of I want to make it clear to everyone THE VOTE ON THE PREVIOUS QUESTION: WHAT platitudes about let us let the chips that defeating the previous question IT REALLY MEANS fall where they may and money talks, will in no way affect the consideration This vote, the vote on whether to order the all of which has nothing to do with ei- previous question on a special rule, is not of H.R. 408, which is important and merely a procedural vote. A vote against or- ther the issues of ethics in Govern- which we will not in any way try to ment, honesty in Government, and sell- dering the previous question is a vote interfere with, but it is a vote about against the Republican majority agenda and ing our national security, nor does it what the House should be debating. a vote to allow the opposition, at least for have anything to do with the legisla- Mr. Speaker, I ask unanimous con- the moment, to offer an alternative plan. It tion at hand. sent to insert extraneous material in is a vote about what the House should be de- But let us pick up the gauntlet that the RECORD. bating. has been thrown down today, Mr. The SPEAKER pro tempore. Is there Mr. Clarence Cannon’s ‘‘Precedents of the Speaker, and let us reflect on a couple objection to the request of the gentle- House of Representatives, (VI, 308–311) de- scribes the vote on the previous question on of things here that are factually and woman from New York? historically accurate and deserve to be the rule as ‘‘a motion to direct or control the There was no objection. consideration of the subject before the House considered as part of this so-called de- Ms. SLAUGHTER. Mr. Speaker, I being made by the Member in charge.’’ To bate on the other side. yield back the balance of my time. defeat the previous question is to give the The campaign finance laws about Mr. HASTINGS of Washington. Mr. opposition a chance to decide the subject be- which the other side is ranting and rav- Speaker, I yield myself the balance of fore the House. Cannon cites the Speaker’s ing and railing today, Mr. Speaker, my time. ruling of January 13, 1920, to the effect that May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3117 ‘‘the refusal of the House to sustain the de- Without objection, the postponed Neumann Rogan Spence mand for the previous question passes the Ney Rogers Stearns vote on the motion to suspend the Northup Rohrabacher Stump control of the resolution to the opposition’’ rules will be a 5-minute vote imme- in order to offer an amendment. On March Norwood Ros-Lehtinen Sununu Nussle Roukema Talent 15, 1909, a member of the majority party of- diately after the disposition of this rule. Oxley Royce Tauzin fered a rule resolution. The House defeated Packard Ryun Taylor (NC) the previous question and a member of the There was no objection. Pappas Salmon Thomas opposition rose to a parliamentary inquiry, ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Parker Sanford Thornberry asking who was entitled to recognition. The SPEAKER pro tempore (Mr. Paul Saxton Thune Speaker Joseph G. Cannon (R-Illionis) said: Paxon Scarborough Tiahrt GUTKNECHT) [during the vote]. Mem- ‘‘The previous question having been refused, Pease Schaefer, Dan Traficant the gentleman from New York, Mr. Fitzger- bers are advised that the voting ma- Peterson (MN) Schaffer, Bob Upton chine is apparently not working and Peterson (PA) Sensenbrenner Walsh ald, who had asked the gentleman to yield to Petri Sessions Wamp him for an amendment, is entitled to the that voting will proceed with Members Pickering Shadegg Watkins first recognition.’’ casting their votes in writing in the Pitts Shaw Watts (OK) Because the vote today may look bad for well. Pombo Shays Weldon (FL) the Republican majority they will say ‘‘the Porter Shimkus Weldon (PA) vote on the previous question is simply a ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Portman Shuster Weller vote on whether to proceed to an immediate The SPEAKER pro tempore [during Pryce (OH) Skeen White vote on adopting the resolution . . . [and] the vote]. The Chair announces that Quinn Smith (MI) Whitfield Wicker has no substantive legislative or policy im- Radanovich Smith (NJ) voting stations are now operative in Ramstad Smith (OR) Wolf plications whatsoever.’’ But that is not what the Chamber. Those Members who have Redmond Smith (TX) Young (AK) they have always said. Listen to the Repub- not yet voted or would like to check Regula Smith, Linda Young (FL) lican Leadership ‘‘Manual on the Legislative whether or not their vote has been re- Riggs Solomon Process in the United States House of Rep- Riley Souder resentatives,’’ (6th edition, page 135). Here’s corded should do so because the Chair how the Republicans describe the previous is informed that they are now operat- NAYS—203 question vote in their own manual: ing. Abercrombie Goode Neal ‘‘Although it is generally not possible to ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Ackerman Gordon Oberstar amend the rule because the majority Mem- The SPEAKER pro tempore [during Allen Green Obey ber controlling the time will not yield for Baesler Gutierrez Olver the purpose of offering an amendment, the the vote]. The Chair apologizes for the Baldacci Hall (OH) Ortiz same result may be achieved by voting down necessary/delay in manually recording Barcia Hamilton Owens the previous question on the rule . . . When votes and encourages all Members to Barrett (WI) Harman Pallone Becerra Hastings (FL) the motion for the previous question is de- verify either on the computer termi- Pascrell Bentsen Hefner Pastor feated, control of the time passes to the nals or on the board that they have in Berman Hilliard Member who led the opposition to ordering Payne fact been recorded. The Chair expects Berry Hinchey Pelosi the previous question. That Member, because Bishop Hinojosa Pickett to have the rest of the votes recorded Blagojevich Holden he then controls the time, may offer an Pomeroy within the next 2 or 3 minutes. Blumenauer Hooley amendment to the rule, or yield for the pur- Poshard Bonior Hoyer pose of amendment.’’ The vote was taken by electronic de- Price (NC) Borski Jackson (IL) Deschler’s ‘‘Procedure in the U.S. House of vice, and there were—yeas 226, nays Rahall Representatives,’’ the subchapter titled Boswell Jackson-Lee 203, not voting 5, as follows: Boucher (TX) Rangel ‘‘Amending Special Rules’’ states: ‘‘a refusal [Roll No. 149] Boyd Jefferson Reyes to order the previous question on such a rule Brown (CA) John Rivers [a special rule reported from the Committee YEAS—226 Brown (FL) Johnson (WI) Rodriguez on Rules] opens the resolution to amend- Aderholt Cunningham Horn Brown (OH) Johnson, E. B. Roemer ment and further debate.’’ (Chapter 21, sec- Archer Davis (VA) Hostettler Capps Kanjorski Rothman tion 21.2) Section 21.3 continues: Armey Deal Houghton Cardin Kaptur Roybal-Allard ‘‘Upon rejection of the motion for the pre- Bachus DeLay Hulshof Carson Kennedy (MA) Rush Sabo vious question on a resolution reported from Baker Diaz-Balart Hutchinson Clay Kennedy (RI) Ballenger Dickey Hyde Clayton Kennelly Sanchez the Committee on Rules, control shifts to Barr Doolittle Inglis Clement Kildee Sanders the Member leading the opposition to the Barrett (NE) Dreier Istook Clyburn Kilpatrick Sandlin previous question, who may offer a proper Bartlett Duncan Jenkins Condit Kind (WI) Sawyer amendment or motion and who controls the Barton Dunn Johnson (CT) Conyers Kleczka Schumer time for debate thereon.’’ Bass Ehlers Johnson, Sam Costello Klink Scott The vote on the previous question on a rule Bateman Ehrlich Jones Coyne Kucinich Serrano does have substantive policy implications. It Bereuter Emerson Kasich Cramer LaFalce Sherman is one of the only available tools for those Bilbray English Kelly Cummings Lampson Sisisky who oppose the Republican majority’s agen- Bilirakis Ensign Kim Danner Lantos Skaggs Bliley Everett King (NY) Davis (FL) Levin da to offer an alternative plan. Skelton Blunt Ewing Kingston Davis (IL) Lipinski Slaughter With that, Mr. Speaker, I yield back Boehlert Fawell Klug DeFazio Lofgren Smith, Adam the balance of my time, and I move the Boehner Foley Knollenberg DeGette Lowey Snyder Bonilla Fowler Kolbe Delahunt Luther Spratt previous question on the resolution. Fox LaHood DeLauro Maloney (CT) The SPEAKER pro tempore (Mr. Stabenow Brady Franks (NJ) Largent Dellums Maloney (NY) Stark GUTKNECHT). The question is on order- Bryant Frelinghuysen Latham Deutsch Manton Stenholm ing the previous question. Bunning Gallegly LaTourette Dicks Markey Stokes The question was taken; and the Burr Ganske Lazio Dingell Martinez Strickland Burton Gekas Leach Dixon Mascara Stupak Speaker pro tempore announced that Buyer Gibbons Lewis (CA) Doggett Matsui Tanner Callahan Gilchrest Lewis (KY) Dooley McCarthy (MO) the ayes appeared to have it. Tauscher Calvert Gillmor Linder Doyle McCarthy (NY) Ms. SLAUGHTER. Mr. Speaker, I ob- Taylor (MS) Camp Gilman Livingston Edwards McDermott ject to the vote on the ground that a Thompson Campbell Goodlatte LoBiondo Engel McGovern Thurman quorum is not present and make the Canady Goodling Lucas Eshoo McHale point of order that a quorum is not Cannon Goss Manzullo Etheridge McIntyre Tierney Castle Graham McCollum Evans McKinney Torres present. Towns The SPEAKER pro tempore. Evi- Chabot Granger McCrery Farr McNulty Chambliss Greenwood McDade Fattah Meehan Turner dently a quorum is not present. Chenoweth Gutknecht McHugh Fazio Meek Velazquez The Sergeant at Arms will notify ab- Christensen Hall (TX) McInnis Filner Menendez Vento sent Members. Coble Hansen McIntosh Flake Millender- Visclosky Pursuant to the provisions of clause 5 Coburn Hastert McKeon Foglietta McDonald Waters Collins Hastings (WA) Metcalf Miller (CA) Watt (NC) of rule XV, the Chair announces that Combest Hayworth Mica Ford Minge Waxman he will reduce to a minimum of 5 min- Cook Hefley Miller (FL) Frank (MA) Mink Wexler utes the period of time within which a Cooksey Herger Molinari Frost Moakley Weygand vote by electronic device, if ordered, Cox Hill Moran (KS) Furse Mollohan Wise Crane Hilleary Morella Gejdenson Moran (VA) Woolsey will be taken on the question of agree- Crapo Hobson Myrick Gephardt Murtha Wynn ing to the resolution. Cubin Hoekstra Nethercutt Gonzalez Nadler Yates H3118 CONGRESSIONAL RECORD — HOUSE May 21, 1997 NOT VOTING—5 Buyer Gutknecht Millender- Snyder Taylor (MS) Wamp Callahan Hall (OH) McDonald Solomon Taylor (NC) Watkins Andrews Lewis (GA) Snowbarger Calvert Hall (TX) Miller (CA) Souder Thomas Waxman Hunter Schiff Camp Hamilton Miller (FL) Spence Thompson Weldon (FL) b 1517 Campbell Hansen Minge Spratt Thornberry Weller Canady Harman Mink Stabenow Thune Wexler Messrs. BOSWELL, RAHALL, and Cannon Hastert Moakley Stark Thurman Weygand WISE changed their vote from ‘‘yea’’ to Capps Hastings (WA) Molinari Stearns Tiahrt White Cardin Hayworth Moran (KS) Stenholm Torres Whitfield ‘‘nay.’’ Carson Hefley Moran (VA) Stokes Towns Wicker Mr. SESSIONS changed his vote from Castle Hefner Morella Strickland Traficant Wise ‘‘nay’’ to ‘‘yea.’’ Chabot Herger Murtha Stump Turner Wolf Stupak Upton Woolsey So the previous question was ordered. Chambliss Hill Myrick Chenoweth Hilleary Neal Sununu Velazquez Wynn The result of the vote was announced Christensen Hinchey Nethercutt Talent Vento Yates Tanner Visclosky Young (AK) as above recorded. Clay Hinojosa Neumann Tauzin Walsh Young (FL) The SPEAKER pro tempore. The Clement Hobson Ney question is on the resolution. Clyburn Hoekstra Northup NAYS—35 Coburn Holden Norwood The resolution was agreed to. Collins Hooley Nussle Becerra Hastings (FL) Oberstar Berman Hilliard Paul A motion to reconsider was laid on Combest Horn Obey Brown (CA) Jackson (IL) Pombo Condit Hostettler Olver the table. Clayton Jefferson Rangel Cook Houghton Ortiz Coble Kucinich Roybal-Allard f Cooksey Hoyer Owens Conyers LaFalce Sandlin Costello Hulshof Oxley Davis (IL) Lofgren Scott REMOVAL OF NAME OF MEMBER Cox Hutchinson Packard Delahunt Manzullo Tauscher AS COSPONSOR OF HOUSE CON- Coyne Hyde Pallone Cramer Pappas Deutsch Markey Tierney CURRENT RESOLUTION 65 Inglis Doggett Meek Waters Crane Istook Parker Crapo Pascrell Fattah Mollohan Watt (NC) Mr. MOAKLEY. Mr. Speaker, I ask Jackson-Lee Filner Nadler Cubin (TX) Pastor unanimous consent to remove the Cummings Paxon name of the gentleman from Colorado Jenkins NOT VOTING—9 Cunningham John Payne Andrews Lewis (GA) Snowbarger [Mr. BOB SCHAFFER]) as a cosponsor of Danner Johnson (CT) Pease Greenwood McIntyre Watts (OK) Davis (FL) Johnson (WI) Pelosi House Concurrent Resolution 65. The Hunter Schiff Weldon (PA) name of gentleman from Colorado was Davis (VA) Johnson, E. B. Peterson (MN) Deal Johnson, Sam Peterson (PA) f inadvertently added by my staff. The DeFazio Jones Petri correct name should have been the gen- DeGette Kanjorski Pickering b 1526 tleman from Colorado [Mr. DAN SCHAE- DeLauro Kaptur Pickett DeLay Pitts So (two-thirds having voted in favor FER]. Kasich Dellums Kelly Pomeroy thereof) the rules were suspended, and The SPEAKER pro tempore. Is there Diaz-Balart Porter Kennedy (MA) the bill, as amended, was passed. objection to the request of the gen- Dickey Kennedy (RI) Portman Poshard The result of the vote was announced tleman from Massachusetts? Dicks Kennelly Dingell Price (NC) There was no objection. Kildee as above recorded. Dixon Kilpatrick Pryce (OH) A motion to reconsider was laid on Dooley Quinn f Kim the table. Doolittle Kind (WI) Radanovich VOLUNTEER PROTECTION ACT OF Doyle King (NY) Rahall Mr. INGLIS of South Carolina. Mr. Dreier Ramstad 1997 Kingston Speaker, I ask unanimous consent that Duncan Kleczka Redmond the Committee on the Judiciary be dis- The SPEAKER pro tempore. Pursu- Dunn Klink Regula Edwards Reyes charged from further consideration of ant to the provisions of clause 5, rule I, Klug Ehlers Knollenberg Riggs the Senate bill (S. 543) to provide cer- the pending business is the question of Ehrlich Kolbe Riley tain protections to volunteers, non- suspending the rules and passing the Emerson LaHood Rivers Engel Rodriguez profit organizations, and governmental Lampson bill, H.R. 911, as amended. English Roemer Lantos entities in lawsuits based on the activi- The Clerk read the title of the bill. Ensign Rogan Largent ties of volunteers, and ask for its im- Eshoo Rogers The SPEAKER pro tempore. The Latham Etheridge Rohrabacher mediate consideration in the House. question is on the motion offered by LaTourette Evans Ros-Lehtinen The SPEAKER pro tempore. Is there Lazio the gentleman from South Carolina Everett Rothman Leach objection to the request of the gen- [Mr. INGLIS] that the House suspend the Ewing Roukema Levin tleman from South Carolina? Farr Royce rules and pass the bill, H.R. 911, as Lewis (CA) Fawell Rush There was no objection. Lewis (KY) amended, on which the yeas and nays Fazio Ryun The Clerk read the Senate bill, as fol- Linder are ordered. Flake Sabo Lipinski lows: ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Foglietta Salmon Foley Livingston Sanchez S. 543 The SPEAKER pro tempore. The re- Forbes LoBiondo Sanders Be it enacted by the Senate and House of Rep- cording machines are now working. Ford Lowey Sanford Lucas resentatives of the United States of America in Members will record their vote by elec- Fowler Sawyer Congress assembled, Fox Luther Saxton tronic device. Frank (MA) Maloney (CT) Scarborough SECTION 1. SHORT TITLE. This will be a 5-minute vote. Franks (NJ) Maloney (NY) Schaefer, Dan This Act may be cited as the ‘‘Volunteer The vote was taken by electronic de- Frelinghuysen Manton Schaffer, Bob Protection Act of 1997’’. Frost Martinez Schumer vice, and there were—yeas 390, nays 35, SEC. 2. FINDINGS AND PURPOSE. Furse Mascara Sensenbrenner not voting 9, as follows: Gallegly Matsui Serrano The Congress finds and declares that— [Roll No. 150] Ganske McCarthy (MO) Sessions (1) the willingness of volunteers to offer Gejdenson McCarthy (NY) Shadegg their services is deterred by the potential for YEAS—390 Gekas McCollum Shaw liability actions against them; Abercrombie Bartlett Boehner Gephardt McCrery Shays (2) as a result, many nonprofit public and McDade Ackerman Barton Bonilla Gibbons Sherman private organizations and governmental en- Aderholt Bass Bonior Gilchrest McDermott Shimkus Allen Bateman Bono Gillmor McGovern Shuster tities, including voluntary associations, so- Archer Bentsen Borski Gilman McHale Sisisky cial service agencies, educational institu- Armey Bereuter Boswell Gonzalez McHugh Skaggs tions, and other civic programs, have been Bachus Berry Boucher Goode McInnis Skeen adversely affected by the withdrawal of vol- Baesler Bilbray Boyd Goodlatte McIntosh Skelton unteers from boards of directors and service Baker Bilirakis Brady Goodling McKeon Slaughter in other capacities; Baldacci Bishop Brown (FL) Gordon McKinney Smith (MI) (3) the contribution of these programs to Ballenger Blagojevich Brown (OH) Goss McNulty Smith (NJ) Barcia Bliley Bryant Graham Meehan Smith (OR) their communities is thereby diminished, re- Barr Blumenauer Bunning Granger Menendez Smith (TX) sulting in fewer and higher cost programs Barrett (NE) Blunt Burr Green Metcalf Smith, Adam than would be obtainable if volunteers were Barrett (WI) Boehlert Burton Gutierrez Mica Smith, Linda participating; May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3119 (4) because Federal funds are expended on and (d), no volunteer of a nonprofit organiza- constitutes willful or criminal misconduct, useful and cost-effective social service pro- tion or governmental entity shall be liable or a conscious, flagrant indifference to the grams, many of which are national in scope, for harm caused by an act or omission of the rights or safety of the individual harmed. depend heavily on volunteer participation, volunteer on behalf of the organization or (2) CONSTRUCTION.—Paragraph (1) does not and represent some of the most successful entity if— create a cause of action for punitive damages public-private partnerships, protection of (1) the volunteer was acting within the and does not preempt or supersede any Fed- volunteerism through clarification and limi- scope of the volunteer’s responsibilities in eral or State law to the extent that such law tation of the personal liability risks assumed the nonprofit organization or governmental would further limit the award of punitive by the volunteer in connection with such entity at the time of the act or omission; damages. participation is an appropriate subject for (2) if appropriate or required, the volunteer (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- Federal legislation; was properly licensed, certified, or author- ITY.— (5) services and goods provided by volun- ized by the appropriate authorities for the (1) IN GENERAL.—The limitations on the li- teers and nonprofit organizations would activities or practice in the State in which ability of a volunteer under this Act shall often otherwise be provided by private enti- the harm occurred, where the activities were not apply to any misconduct that— ties that operate in interstate commerce; or practice was undertaken within the scope (A) constitutes a crime of violence (as that (6) due to high liability costs and unwar- of the volunteer’s responsibilities in the non- term is defined in section 16 of title 18, Unit- ranted litigation costs, volunteers and non- profit organization or governmental entity; ed States Code) or act of international ter- profit organizations face higher costs in pur- (3) the harm was not caused by willful or rorism (as that term is defined in section chasing insurance, through interstate insur- criminal misconduct, gross negligence, reck- 2331 of title 18) for which the defendant has ance markets, to cover their activities; and less misconduct, or a conscious, flagrant in- been convicted in any court; (7) clarifying and limiting the liability risk difference to the rights or safety of the indi- (B) constitutes a hate crime (as that term assumed by volunteers is an appropriate sub- vidual harmed by the volunteer; and is used in the Hate Crime Statistics Act (28 ject for Federal legislation because— (4) the harm was not caused by the volun- U.S.C. 534 note)); (A) of the national scope of the problems teer operating a motor vehicle, vessel, air- (C) involves a sexual offense, as defined by created by the legitimate fears of volunteers craft, or other vehicle for which the State re- applicable State law, for which the defend- about frivolous, arbitrary, or capricious law- quires the operator or the owner of the vehi- ant has been convicted in any court; suits; cle, craft, or vessel to— (D) involves misconduct for which the de- fendant has been found to have violated a (B) the citizens of the United States de- (A) possess an operator’s license; or Federal or State civil rights law; or pend on, and the Federal Government ex- (B) maintain insurance. (E) where the defendant was under the in- pends funds on, and provides tax exemptions (b) CONCERNING RESPONSIBILITY OF VOLUN- fluence (as determined pursuant to applica- and other consideration to, numerous social TEERS TO ORGANIZATIONS AND ENTITIES.— ble State law) of intoxicating alcohol or any programs that depend on the services of vol- Nothing in this section shall be construed to drug at the time of the misconduct. unteers; affect any civil action brought by any non- (2) RULE OF CONSTRUCTION.—Nothing in this (C) it is in the interest of the Federal Gov- profit organization or any governmental en- subsection shall be construed to effect sub- ernment to encourage the continued oper- tity against any volunteer of such organiza- section (a)(3) or (e). ation of volunteer service organizations and tion or entity. contributions of volunteers because the Fed- (c) NO EFFECT ON LIABILITY OF ORGANIZA- SEC. 5. LIABILITY FOR NONECONOMIC LOSS. (a) GENERAL RULE.—In any civil action eral Government lacks the capacity to carry TION OR ENTITY.—Nothing in this section shall be construed to affect the liability of against a volunteer, based on an action of a out all of the services provided by such orga- any nonprofit organization or governmental volunteer acting within the scope of the vol- nizations and volunteers; and entity with respect to harm caused to any unteer’s responsibilities to a nonprofit orga- (D)(i) liability reform for volunteers, will person. nization or governmental entity, the liabil- promote the free flow of goods and services, (d) EXCEPTIONS TO VOLUNTEER LIABILITY ity of the volunteer for noneconomic loss lessen burdens on interstate commerce and PROTECTION.—If the laws of a State limit vol- shall be determined in accordance with sub- uphold constitutionally protected due proc- unteer liability subject to one or more of the section (b). ess rights; and following conditions, such conditions shall (b) AMOUNT OF LIABILITY.— (ii) therefore, liability reform is an appro- not be construed as inconsistent with this (1) IN GENERAL.—Each defendant who is a priate use of the powers contained in article section: volunteer, shall be liable only for the 1, section 8, clause 3 of the United States (1) A State law that requires a nonprofit amount of noneconomic loss allocated to Constitution, and the fourteenth amendment organization or governmental entity to ad- that defendant in direct proportion to the to the United States Constitution. here to risk management procedures, includ- percentage of responsibility of that defend- (b) PURPOSE.—The purpose of this Act is to ing mandatory training of volunteers. ant (determined in accordance with para- promote the interests of social service pro- (2) A State law that makes the organiza- graph (2)) for the harm to the claimant with gram beneficiaries and taxpayers and to sus- tion or entity liable for the acts or omissions respect to which that defendant is liable. tain the availability of programs, nonprofit of its volunteers to the same extent as an The court shall render a separate judgment organizations, and governmental entities employer is liable for the acts or omissions against each defendant in an amount deter- that depend on volunteer contributions by of its employees. mined pursuant to the preceding sentence. reforming the laws to provide certain protec- (3) A State law that makes a limitation of (2) PERCENTAGE OF RESPONSIBILITY.—For tions from liability abuses related to volun- liability inapplicable if the civil action was purposes of determining the amount of non- teers serving nonprofit organizations and brought by an officer of a State or local gov- economic loss allocated to a defendant who governmental entities. ernment pursuant to State or local law. is a volunteer under this section, the trier of SEC. 3. PREEMPTION AND ELECTION OF STATE (4) A State law that makes a limitation of fact shall determine the percentage of re- NONAPPLICABILITY. liability applicable only if the nonprofit or- sponsibility of that defendant for the claim- (a) PREEMPTION.—This Act preempts the ganization or governmental entity provides a ant’s harm. laws of any State to the extent that such financially secure source of recovery for in- SEC. 6. DEFINITIONS. laws are inconsistent with this Act, except dividuals who suffer harm as a result of ac- For purposes of this Act: that this Act shall not preempt any State tions taken by a volunteer on behalf of the (1) ECONOMIC LOSS.—The term ‘‘economic law that provides additional protection from organization or entity. A financially secure loss’’ means any pecuniary loss resulting liability relating to volunteers or to any cat- source of recovery may be an insurance pol- from harm (including the loss of earnings or egory of volunteers in the performance of icy within specified limits, comparable cov- other benefits related to employment, medi- services for a nonprofit organization or gov- erage from a risk pooling mechanism, equiv- cal expense loss, replacement services loss, ernmental entity. alent assets, or alternative arrangements loss due to death, burial costs, and loss of (b) ELECTION OF STATE REGARDING NON- that satisfy the State that the organization business or employment opportunities) to APPLICABILITY.—This Act shall not apply to or entity will be able to pay for losses up to the extent recovery for such loss is allowed any civil action in a State court against a a specified amount. Separate standards for under applicable State law. volunteer in which all parties are citizens of different types of liability exposure may be (2) HARM.—The term ‘‘harm’’ includes the State if such State enacts a statute in specified. physical, nonphysical, economic, and non- accordance with State requirements for en- (e) LIMITATION ON PUNITIVE DAMAGES economic losses. acting legislation— BASED ON THE ACTIONS OF VOLUNTEERS.— (3) NONECONOMIC LOSSES.—The term ‘‘non- (1) citing the authority of this subsection; (1) GENERAL RULE.—Punitive damages may economic losses’’ means losses for physical (2) declaring the election of such State not be awarded against a volunteer in an ac- and emotional pain, suffering, inconven- that this Act shall not apply, as of a date tion brought for harm based on the action of ience, physical impairment, mental anguish, certain, to such civil action in the State; and a volunteer acting within the scope of the disfigurement, loss of enjoyment of life, loss (3) containing no other provisions. volunteer’s responsibilities to a nonprofit or- of society and companionship, loss of consor- SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- ganization or governmental entity unless the tium (other than loss of domestic service), TEERS. claimant establishes by clear and convincing hedonic damages, injury to reputation and (a) LIABILITY PROTECTION FOR VOLUN- evidence that the harm was proximately all other nonpecuniary losses of any kind or TEERS.—Except as provided in subsections (b) caused by an action of such volunteer which nature. H3120 CONGRESSIONAL RECORD — HOUSE May 21, 1997 (4) NONPROFIT ORGANIZATION.—The term b 1530 eryone will vote for it. It is good legis- ‘‘nonprofit organization’’ means— The CHAIRMAN. Pursuant to the lation and our distinguished colleague, (A) any organization described in section its author, the gentleman from Mary- 501(c)(3) of the Internal Revenue Code of 1986 rule, the bill is considered as having land [Mr. GILCHREST] should be con- and exempt from tax under section 501(a) of been read the first time. such Code; or Under the rule, the gentleman from gratulated for his hard work, as well as (B) any not-for-profit organization orga- New Jersey [Mr. SAXTON] and the gen- the gentleman from California [Mr. nized and conducted for public benefit and tleman from California [Mr. MILLER], CUNNINGHAM], for initially bringing operated primarily for charitable, civic, edu- each will control 30 minutes. this matter to our attention more than cational, religious, welfare, or health pur- The Chair recognizes the gentleman 3 years ago. poses. from New Jersey [Mr. SAXTON]. This is a true marine ecosystem pro- (5) STATE.—The term ‘‘State’’ means each Mr. SAXTON. Mr. Chairman, I yield tection bill and worthy of Members’ of the several States, the District of Colum- myself such time as I may consume. support. I urge all Members to vote in bia, the Commonwealth of Puerto Rico, the favor. Virgin Islands, Guam, American Samoa, the I rise in support of H.R. 408, officially called the International Dolphin Con- Mr. Chairman, I reserve the balance Northern Mariana Islands, any other terri- of my time. tory or possession of the United States, or servation Program Act. This, Mr. any political subdivision of any such State, Chairman, is essentially an ocean habi- Mr. MILLER of California. Mr. Chair- territory, or possession. tat management act to protect ocean man, I yield 1 minute to the gentleman (6) VOLUNTEER.—The term ‘‘volunteer’’ species in the eastern tropical Pacific, from Hawaii [Mr. ABERCROMBIE]. Mr. ABERCROMBIE. Mr. Chairman, means an individual performing services for including not just dolphins, but tuna today I rise in strong opposition to a nonprofit organization or a governmental fish as well, particularly juvenile tuna, entity who does not receive— H.R. 408, the International Dolphin sea turtles, bill fish, sharks and other (A) compensation (other than reasonable Conservation Program Act, with all species. reimbursement or allowance for expenses ac- due respect to my good friend, the gen- This bill has been worked on for the tually incurred); or tleman from Maryland [Mr. GILCREST] last 3 years by the gentleman from (B) any other thing of value in lieu of com- and the gentleman from New Jersey pensation, Alaska [Mr. YOUNG], our committee [Mr. SAXTON]. in excess of $500 per year, and such term in- chairman, and by the gentleman from This bill is not about protecting dol- cludes a volunteer serving as a director, offi- Maryland [Mr. GILCHREST], and by the phins; this bill is about the U.S. De- cer, trustee, or direct service volunteer. gentleman from California [Mr. partment of State arbitrarily dictating SEC. 7. EFFECTIVE DATE. CUNNINGHAM], and by others on the changes in U.S. law without consulting (a) IN GENERAL.—This Act shall take effect committee. Congress until after the deed is done. 90 days after the date of enactment of this This is an international declaration, Act. I have further remarks, Mr. Chair- the Declaration of Panama, a binding man, that I will submit, but in the in- (b) APPLICATION.—This Act applies to any international agreement signed by 12 claim for harm caused by an act or omission terest of time, I would just like to fol- of a volunteer where that claim is filed on or nations on October 4, 1995. The nations low up on that remark. after the effective date of this Act, without are Belize, Colombia, Costa Rica, Ecua- During committee markup I offered regard to whether the harm that is the sub- dor, France, Honduras, Mexico, Pan- an amendment on bycatch reduction. ject of the claim or the conduct that caused ama, Spain, Vanuatu, Venezuela, and The issue of bycatch should be ad- the harm occurred before such effective date. of course the United States. The Unit- dressed in this fishery and every other MOTION OFFERED BY MR. INGLIS OF SOUTH ed States was ably represented by our fishery with a strong bycatch reduc- CAROLINA State Department, and these issues tion requirement. The gentleman from Mr. INGLIS of South Carolina. Mr. are, of course, of great importance to Maryland [Mr. GILCREST], I am happy Speaker, I offer a motion. the American people as well as to the to say, was willing to accept the The Clerk read as follows: international community. amendment. The gentleman from New Mr. INGLIS of South Carolina moves to During the 104th Congress, a nearly Jersey [Mr. SAXTON] was willing to co- strike all after the enacting clause of the identical measure was passed by the operate. bill, S. 534, and insert in lieu thereof the text House overwhelmingly with a 316 to 108 However, word came down to the of the bill, H.R. 911, as passed by the House. vote. But the Senate had insignificant committee that the State Department The motion was agreed to. time to consider the measure before was firmly opposed to any changes in The Senate bill was ordered read a the sine die adjournment. This year’s the legislation. The State Department third time, was read the third time and measure, H.R. 408, amends the Mammal does not want to accept the amend- passed, and a motion to reconsider was Protection Act to encourage fishing ment, did not want to accept our laid on the table. methods which protect dolphins and amendment, because it would strength- A similar House bill (H.R. 911) was the other important species of marine en the commitment by including spe- laid on the table. life which I mentioned. cific bycatch reduction. f The bipartisan bill has the support of Mr. Chairman, today I rise in strong opposi- the administration and various envi- tion to H.R. 408, the International Dolphin Pro- INTERNATIONAL DOLPHIN ronmental groups, including gram Act. With all due respect to my good CONSERVATION PROGRAM ACT Greenpeace, the World Wildlife Fund, friends from Maryland, Mr. GILCHREST, and The SPEAKER pro tempore. Pursu- the Center for Marine Conservation, from New Jersey, Mr. SAXTON, this bill is not ant to House Resolution 153 and rule the National Wildlife Federation, and about protecting dolphins. This bill is about the XXIII, the Chair declares the House in the Environmental Defense League. U.S. Department of State arbitrarily dictating the Committee of the Whole House on Mr. Chairman, I would just like to changes in U.S. law without consulting Con- the State of the Union for the consider- say that the history of this bill is very, gress until after the deed is done. ation of the bill, H.R. 408. very important. In 1992, we passed a In 1990, Mexico and Venezuela filed a for- bill to protect dolphins in the eastern b 1529 mal complaint with GATT after the Mexican tropical Pacific. That bill worked with tuna was embargoed for not achieving com- IN THE COMMITTEE OF THE WHOLE American fishermen. It worked because parability with the United States tuna fleet. Accordingly, the House resolved it- of the mechanism that was set up, but The GATT panel ruled that the United States self into the Committee of the Whole it did not work, Mr. Chairman, in the had no right to use trade restrictions on a House on the State of the Union for the international community because an product based on the way the product was consideration of the bill (H.R. 408) to American law has little force and ef- made or harvested. This finding has broad im- amend the Marine Mammal Protection fect on foreign fishermen, particularly plications for a variety of U.S. consumer pro- Act of 1972 to support the International foreign fishermen that found other tection, health and safety, and environmental Dolphin Conservation Program in the markets and continued to fish on dol- laws. However it is important to point out that eastern tropical Pacific Ocean, and for phins or tuna fish and market them the panel did not address the dolphin-safe other purposes, with Mr. GUTKNECHT in elsewhere. label itself. the chair. So I congratulate the Committee on Since the ruling, Mexico has been pressur- The Clerk read the title of the bill. Resources for this bill. I hope that ev- ing the United States to change its dolphin May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3121 protection law so that they can sell their tuna of bycatch should be addressed in this fishery So I am voting ‘‘yes’’ on this legisla- in the United States. No one knew until 1995 and every other fishery with strong bycatch re- tion. I am going to suggest that if we that the State Department and Mexico were duction requirements. Mr. GILCHREST was will- want to save the dolphins we are talk- negotiating a deal which is now known as the ing to accept the amendment. However, word ing about, if we want to lower the mor- Panama Declaration. This agreement requires came down to the committee that the State tality rate, if we want to protect these major changes to U.S. law. The State Depart- Department was firmly opposed to any other species, then we must vote ‘‘yes’’ ment did not consult with Congress during the changes in the legislation. The State Depart- on this legislation. This is good legisla- entire process, and now this agreement is ment didn't want to accept the amendment, tion and it is long overdue. being rammed through Congress. because it would strengthen the commitment Mr. Chairman, I rise in strong support of By codifying the Panama Declaration, H.R. by including specific bycatch reduction pro- H.R. 408, the International Dolphin Conserva- 408, eliminates the embargo provision in the gram. What really troubles me is that the State tion Program Act, introduced by Congressman Marine Mammal Protection Act, which is Department did not base their position on the GILCHREST. based on the rate of dolphin kill. The bill al- bycatch reduction program on science or the This legislation implements the Panama lows tuna caught by nations which are mem- environment. Instead, the State Department's Declaration, an internationally negotiated bers of the Inter American Tropical Tuna Com- sole concern was political expediency. agreement for the protection of dolphins and mission [IATTC] to enter the U.S. market if the The State Department told Congress that other marine species in the eastern tropical total mortality for all nations remains below H.R. 408 is unamendable. They have rejected Pacific Ocean. This agreement, which was de- 5,000 annually and allow some tuna caught by any attempts at compromise. Congress should veloped by 12 nations and several environ- the IATTC nations to be labeled ``dolphin not acquiesce to a precedent that lowers our mental organizations, will prove the framework safe.'' This dolphin mortality level is double the environmental laws, consumer protection, and for the lasting protection of all marine life af- amount of the 1996 dolphin mortality level for health and safety laws just because another fected by the yellowfin tuna fishery in the east- Mexico and other nations fishing in the east- nation desires to sell its products in America. ern tropical Pacific Ocean. ern Pacific. There is no reason why the ac- If the goal of H.R. 408 is to increase trade and As strange as this may sound, this legisla- ceptable dolphin kill level should be set at open our markets to Mexico, the State Depart- tion, which I support, is also supported by the 5,000, thus allowing IATTC nations a higher ment should come clean. They should not Clinton administration, Greenpeace, the Na- dolphin mortality for dolphin safe tuna sold in hide behind a veil of . tional Wildlife Federation, World Wildlife Fund, the United States. Let's vote to protect dolphins and the envi- Environmental Defense Fund, the Center for The measure also narrows the definition of ronment, I strongly urge my colleagues to op- Marine Conservation, the American Tunaboat ``dolphin safe'' so that the only excludable tuna pose H.R. 408. Owners Coalition, the Seafarers' International would be that which involved the killing of no Mr. SAXTON. Mr. Chairman, I yield 2 Union, the Sportfishing Association of Califor- minutes to the gentleman from Alaska dolphins during the fishing operation. It would, nia, and the National Fisheries Institute. That [Mr. YOUNG], who I do not think be- however, allow unlimited harassment of dol- combination alone should make everyone here lieves that we are a rubber stamp for phins. Mexico and other nations want this pro- vote for the bill. the State Department. As most of you are aware, the protection of vision so that their tuna will be bought by (Mr. YOUNG of Alaska asked and was dolphin populations in this fishery has been a unsuspecting Americans who trust that the given permission to revise and extend goal of the Marine Mammal Protection Act for tuna was caught without harassing dolphins. his remarks.) Mexico and other nations know the American Mr. YOUNG of Alaska. Mr. Chair- over two decades. We heard from numerous consumer will not tolerate the slaughter of dol- man, I rise in strong support of H.R. witnesses during the hearings held during the phins. This is why the U.S. tuna canning in- 408, and I want to thank the gentleman last two Congresses that the unilateral embar- dustry adopted the dolphin-safe label in the from Maryland [Mr. GILCHREST] and go provisions and the dolphin-safe labeling re- first place. Without a dolphin-safe label on the gentleman from New Jersey [Mr. quirements have not changed the nature of tuna, consumers will not buy it. We should not SAXTON] especially for working on this the fishery. In fact, the number of sets on dol- change the definition without scientific evi- piece of legislation. phins has remained fairly stable for years. dence. If we really, truly believe in con- The La Jolla program, on the other hand, Supporters of H.R. 408 claim that scientific servation and believe in saving the dol- has been very successful in promoting more information supports the legislation. This is not phins, and I have probably been in this efficient operations and a real reduction in dol- accurate. The National Marine Fisheries Serv- argument and the discussion longer phin mortality. However, this program is vol- ice [NMFS] conducted a study of tuna by- than anybody on this floor, this is a untary. Through the Panama Declaration and catch in the Eastern Tropical Pacific Ocean piece of legislation that must pass. It this legislation, we how have an opportunity to from dolphin, schoolfish, and log sets from is our belief, after studying the results get real international cooperation in maintain- 1989 to 1992. A pattern emerged showing that of scientists and other people that con- ing low dolphin mortality for the entire fishery. by-catch was generally low or nonexistent in tributed testimony to the committee, Current law has encouraged the practices of dolphin sets, low to moderate in school sets that it is not just the dolphins we are fishing on logs or schools of tuna. Both of and high to very high in log sets. There is no talking about in the sea, we are talk- these fishing methods have created new prob- doubt that a fishing method using the chase ing about other species now that will lems by magnifying the bycatch of other ma- and netting of dolphins results in a lower by- be caught if we do not sign this agree- rine species such as sea turtles, billfish, juve- catch of other species, such as sea turtles and ment with the other countries partici- nile tunas, and sharks. sharks. While the by-catch issue has merit pating. Obviously, we need to address the problem and deserves attention, the Panama Agree- It is the right thing to do, because of dolphin mortality, but this should be accom- ment does not resolve the problem. Other there are more than just dolphins panied by a realization that we also need to nondolphin methods of fishing for tuna are not there. Yes, they make movies about address other bycatch problems as well. The being considered. them; yes, they are pretty; and yes, Gilchrest bill does just that. H.R. 408 will allow More importantly, scientists have no evi- they swim well; and yes, the seas are international cooperation, will provide inter- dence that the impacts of high speed chase attractive because they are there, but national compliance and enforcement, will cap and netting are not harmful to dolphins or dol- the truth of the matter is there is a lot dolphin mortality, and will provide the mecha- phin populations. Some dolphin populations of other life there that must be pro- nism for reducing other bycatch in the fishery. are chased more than once a day, with more tected and this is what we are trying to We appear to have a rather big disagree- than 3 million animals chased every year. In- do with this legislation. ment over the method of achieving these ob- formation from the NMFS biologists studying The State Department does support jectives. Both sides are attempting to protect these populations indicates that they are cur- it, the administration does support it, dolphins. Unfortunately, we have not been rently stable at about one-fifth of their original which gave me great reservation when able to reach an agreement which addresses size. NMFS' own scientists and the IATTC I found this out, but what we are try- some Members' concerns about the dolphin have reported that these stocks show no signs ing to do with the help of the gen- safe label and still allows us to move forward of recovery. We have no idea if the dolphin- tleman from Maryland [Mr. GILCHREST] to implement the international agreement set method impacts the dolphin fecundity or is to try to protect the total mass in known as the Panama Declaration. mortality. the sea to make sure that there are This disagreement is unfortunate. However, During committee markup I offered an those species left that are still under I believe that the international cooperation em- amendment on bycatch reduction. The issue jeopardy. bodied in the Panama Declaration and the H3122 CONGRESSIONAL RECORD — HOUSE May 21, 1997 provisions to move fishermen away from de- benefit more if we allow the Secretary to issue nadian CITES export permit for trophies structive fishing practices in the Gilchrest bill an import permit and use the $1,000 fee for taken after July 1, 1975 (the date CITES en- are the right thing to do. conservation and research. tered into force in Canada), because the issu- I urge all Members to support the Gilchrest The Fish and Wildlife Service has stated to ance of such a permit by the Canadian my staff that a new rulemaking process, which CITES Management Authority automati- bill and the international cooperation embodied cally certifies that the specimen was legally in the Panama Declaration. is required under section 103 of the act, shall acquired. For trophies taken prior to July Mr. Chairman, since coming to Congress, I not be necessary to implement this language 1975, in addition to the required CITES pre- have been involved with the Marine Mammal which authorizes the Secretary to issue import convention certificate, the Service would Protection Act of 1972. Over the years, I have permits for pre-1994 trophies to applicants ask for a copy of a Canadian hunting license worked hard to improve the law and we were providing the appropriate documentation. The or other documentation to prove that the successful in enacting a number of positive Service has indicated that a Federal Register specimen was legally taken. With this docu- changes in 1994. One of those provisions notice will be published stating how this new mentation, there would be no adverse con- language fits into the final rule published on servation consequences from allowing the gave the Secretary of the Interior the authority import of polar bears taken on or before to issue permits to Americans to import legally February 18, 1997. The Service will have to April 30, 1994, some of which have been in taken polar bear trophies from Canada, both update the final rule to include this new lan- storage in Canada for more than twenty before and after 1994. guage, but this process will not delay the Sec- years. Our intent in passing this provision was retary from issuing permits to applicants im- This language would also not affect the au- clear: we wanted to make it easier for hunters mediately after the 30 day public comment pe- thority of the Service to require that all to import polar bear trophies into the United riod has ended. polar bear trophies be imported through a States as long as that activity did not ad- This amendment should not be controver- designated port (unless prior arrangements versely affect Canadian polar bear popu- sial, since the U.S. Fish and Wildlife Service, are made for import of a full mount through lations. the Marine Mammal Commission, and the a non-designated port) with sufficient prior There are about 13,120 polar bears in the ranking Democrat of the committee do not ob- notice so that Service personnel may be present to inspect the shipment and apply a Northwest Territories of Canada. According to ject this provision. I urge Members to support my efforts to correct the Fish and Wildlife tag to the trophy. This is important to en- scientific experts, this population is growing by sure that there is no stimulation of illegal about 3 to 5 percent each year. Since the an- Service's incorrect interpretation of the 1994 import or subsequent illegal trade within the nual quota for sport hunting was 132 animals Marine Mammal Protection Act. United States in polar bear parts. This lan- in 1996, this harvest rate is having little, if any, U.S. DEPARTMENT OF THE INTERIOR, guage would also retain the Service’s author- effect on any of Canada's polar bear popu- FISH AND WILDLIFE SERVICE, ity to collect a $1,000 fee for each polar bear lations. What this activity is doing, however, is Washington, DC, May 15, 1997. trophy to be imported. The additional fees Hon. DON YOUNG, providing thousands of dollars to Canada's generated from imports of trophies from Chairman, House Committee on Resources, areas not currently eligible for import under Inuits allowing them to maintain their cultural Longworth House Office Building, Wash- existing law and regulations would provide heritage. ington, DC. substantially increased benefits for polar While some people may disagree with the DEAR MR. CHAIRMAN: During the hearing bear conservation. held last week on the Fish and Wildlife Serv- interpretation which allows sport hunting to be The Office of Management and Budget has ice’s final regulations on import of polar included in subsistence quotas, at the same advised that it has no objection to the pres- bear trophies from Canada, the Service and time I doubt any of these people have been entation of this report from the standpoint the Marine Mammal Commission testified of the Administration’s program. up to the Northwest Territories. Sport hunters about the reasons why the plain language of Sincerely, are taking the part of the animal which is use- the Marine Mammal Protection Act Amend- ——— ———, less to the Canadian Inuit. The gall bladder ments of 1994 required the Service to apply Acting Director. and any other organ which could be traded il- all of the substantive criteria of Section legally is destroyed, but the meat, bones, and 104(c)(5) to the import of all polar bear tro- Enclosure. all that is valuable to the Inuit remains in the phies, regardless of when they were taken. villages. The testimony also described the scientific PROPOSED LEGISLATION FOR IMPORT FOR basis for our determinations that five of Can- On July 17, 1995, 15 months after enact- POLAR BEAR TROPHIES: ada’s polar bear populations meet the cri- ment of the 1994 amendments, the Depart- teria of the Act, as well as new efforts now An Act to direct the Secretary of the Inte- ment of the Interior issued a proposed rule al- underway to develop a further proposal that rior to issue permits for the importation of lowing all pre-1994 polar bear trophies to will include two more populations, based on polar bear trophies lawfully taken in Canada enter the United States. This was the correct new information received from Canada too on or before April 30, 1994. interpretation of the 1994 amendments. late to be included in the first round of de- Notwithstanding the provisions of sections On February 18, 1997, after years of delay, terminations. The Service concluded that, 101, 102, and 104(5)(A) of the Marine Mam- the Department of the Interior issued its final based on the current statutory language and mal Protection Act, the Secretary of the In- rule. The final rule removed the grandfather available scientific data, it lacked the au- terior shall issue a permit for the importa- thority to allow the import of polar bear tro- provision. While no rationale explanation was tion of polar bear parts (other than internal phies taken on or before April 30, 1994, from organs) taken in a sport hunt in Canada to provided, it is clear that in a mad rush to avoid the remaining populations until they meet an applicant that submits with a permit ap- litigation, the Department has ignored both the all of the criteria of the Act. plication proof that the polar bear was le- scientific data and the congressional intent During the hearing there also was discus- gally harvested in Canada by the applicant contained in the 1994 MMPA amendments. sion concerning the position of the Adminis- on or before April 30, 1994. All other provi- Since the regulations did not follow congres- tration regarding potential new legislation sions of section 104 of the Act, including the which would explicitly exempt bears which sional intent, we are now forced to pass legis- charging of an issuance fee, shall be applica- are already dead and held in storage in Can- ble to such permits. lation requiring the Secretary to issue permits ada from the four criteria contained in Sec- to allow the importation of polar bear trophies tion 104(c)(5) of the Act. The purpose of this taken prior to the enactment of the 1994 letter is to notify you that the Administra- EXECUTIVE OFFICE OF THE PRESIDENT, OFFICE amendments. tion would have no objection to such legisla- OF MANAGEMENT AND BUDGET, WASHINGTON, These trophies are dead and will not ad- tion, provided it is limited to an exemption DC., 20503 MAY 20, 1997 (HOUSE) for polar bear trophies legally taken in Can- versely affect Canadian polar bear popu- STATEMENT OF ADMINISTRATION POLICY lations. On the contrary, the importation of ada on or before April 30, 1994, and that no other exemptions from the provisions of the (This statement has been coordinated by these trophies will help to conserve Russian Act are added. Enclosed with this letter is OMB with the concerned agencies.) and Alaskan polar bear populations. The Fish recommended language, developed in con- H.R. 408—INTERNATIONAL DOLPHIN CONSERVA- and Wildlife Service's importation fee, which is sultation with the Marine Mammal Commis- TION PROGRAM ACT (GILCHREST (R) MARYLAND $1,000, is earmarked to go toward conserva- sion, that would include an explicit exemp- AND 29 COSPONSORS) tion and research of these polar bear popu- tion from the requirements of Sections 101, lations. 102, and 104(C)(5)(I) through (iv) of the Act The Administration strongly supports House passage of H.R. 408, as reported by the We have to remember that these dead for all trophies taken on or before April 30, 1994, provided the permit applicant can show House Resources and Ways and Means Com- bears can no longer influence the stability of evidence that the trophy was legally taken mittees. The bill would implement an inter- Canadian polar bear populations. These tro- in Canada. national agreement to protect dolphins and phies have been sitting in warehouses for In implementing this exemption, the Serv- the entire ecosystem of the eastern tropical many years. The polar bear populations will ice would require from applicants a valid Ca- Pacific Ocean. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3123 U.S. HOUSE OF REPRESENTATIVES, A tuna fishing boat can crisscross the instance, the rusting hull of the Don Celso COMMITTEE ON COMMERCE, eastern Pacific over and over and no made it appear to be a normal fishing ves- Washington, DC, April 23, 1997. one could tell whether it was chasing selÐuntil the U.S. Coast Guard stopped the Hon. DON YOUNG, dolphins or evading detection. boat and searched it. After looking for 6 days, Chairman, Committee on Resources, Longworth House Office Building, U.S. House of Rep- In one instance, the rusting hull of the Coast Guard finally found nearly 7 tons of resentatives, Washington, DC. the Don Celso made it appear to be a cocaine concealed on board. DEAR MR. CHAIRMAN: On April 16, 1997, the normal fishing vessel until the U.S. But we know that these successful intercep- Committee on Resources ordered reported Coast Guard stopped the boat and tions are only a small fraction of the cocaine H.R. 408, the ‘‘International Dolphin Con- searched it and found 7 tons of cocaine moving through the Pacific. Most of it gets servation Program Act.’’ This measure, just concealed on board. through. And now, there is substantial evi- as H.R. 2823 from the 104th Congress, pro- We know that these successful inter- dence that the Colombian drug cartels and vides for the implementation of the Declara- their Mexican allies have moved to gain con- tion of Panama signed in 1995 by the United ceptions are only a fraction of the co- States and 11 other nations. caine moving through the Pacific, and trol of many legitimate tuna fishing fleets, to H.R. 408 includes several provisions within there is now substantial evidence, Mr. use them as front operations for their smug- the jurisdiction of the Committee on Com- Chairman, that Colombian drug cartels gling in the Pacific. merce. In implementing the Declaration, the and their Mexican allies have moved to Mr. Chairman, this legislation would double bill amends the ‘‘Dolphin Consumer Informa- gain control of many legitimate tuna the number of tuna boats in the eastern tropi- tion Act of 1989,’’ on which the Commerce fishing fleets to use them as front oper- cal Pacific. Law enforcement is frustrated now Committee took action during the 101st Con- ations in their drug-smuggling activi- by the difficulty of searching for smugglers, but gress. The 1989 Act was incorporated into the imagine finding those needles in an even big- reauthorization bill for the Magnuson Fish- ties. ery Conservation and Management Act (Pub. This legislation would double the ger haystack. L. 101–627). H.R. 408 provides for implementa- number of tuna boats in the eastern Increasing the number of tuna boats will tion of the Declaration in an effort to in- tropical Pacific. Law enforcement is simply increase the ability of drug lords to use crease international participation in activi- frustrated now by the difficulty, but them for smuggling, yet this bill ignores the ties to reduce the number of dolphins and imagine finding those needles in an threat completely. Before we rush through leg- other marine mammals that die each year as even bigger haystack. islation that will make law enforcment's difficult a result of tuna fishing techniques. The Act Increasing the number of tuna boats job even more challenging, at least we should would modify the definition of ‘‘dolphin consider the impact of our actions. safe’’ for the purpose of labeling tuna prod- will simply increase the ability of drug lords to use them for smuggling. This Not only does this bill threaten dolphin-safe ucts sold in the United States, and alter cur- tuna, it threatens drug-free communities and rent regulations on the importation of tuna bill ignores that fact completely. Be- products. Also, the bill would make misuse fore we rush through legislation that schools. For both reasons, I urge my col- of the ‘‘dolphin safe’’ label an unfair and de- leagues to oppose it. will make law enforcement’s difficult Mr. SAXTON. Mr. Chairman, I yield ceptive trade practice under Section 5 of the job even more challenging, we should Federal Trade Commission Act. myself 1 minute. Recognizing your Committee’s desire to consider the impact of our actions. I would just like to quickly quote bring this legislation expeditiously before Not only does this bill threaten dol- from a letter that I have from the Of- the House, I will not seek a sequential refer- phin-safe tuna, it threatens drug-free fice of the National Drug Control Pol- ral of the bill. However, by agreeing not to communities and schools. For both of icy, Bill McCaffrey. He said, this legis- seek a sequential referral, this Committee those good reasons, I urge my col- lation is likely to aid in the fight does not waive its jurisdictional interest in leagues to oppose it. against drug smuggling by increasing any matter within its purview. I reserve the Mr. Chairman, my colleagues in this debate right to seek equal conferees on all provi- the level of scrutiny over the activities make many strong arguments against this leg- of vessels involved in this fishery. sions of the bill that are within my Commit- islation. tee’s jurisdiction during any House-Senate I also have a letter from Barbara conference that may be convened on this leg- They point out that this antidolphin bill dam- Larkin of the United States State De- islation. I want to thank you and your staff ages marine ecosystems, threatens American partment who says, the administration for your assistance in providing the Com- jobs, and undermines consumer labeling poli- believes that the passage of this legis- merce Committee with an opportunity to re- cies. lation would actually aid in the fight view its jurisdictional interests in H.R. 408. But there is one more reason to vote no on against drug smuggling by increasing I would appreciate your including this let- the International Dolphin Conservation Pro- the level of scrutiny over these vessels. ter as a part of the Resource Committee’s re- gram ActÐbecause it is actually the Inter- This administration believes that we port on H.R. 2823, and as part of the record during consideration of this bill by the national Drug Cartel Promotion Act. are headed in the right direction on an House. I serve on the Crime Subcommittee, where issue that is obviously a red herring Sincerely, we have worked for years to improve Ameri- brought up by the opponents of the THOMAS J. BLILEY JR., ca's ability to stop illegal drugs at our borders. bill. Chairman. And we have seen the drug smugglers contin- Mr. Chairman, I submit for the Mr. MILLER of California. Mr. Chair- ually adjust to our efforts. When we improved RECORD the material referred to. man, I yield 2 minutes to the gen- interdiction on the land, they started using U.S. DEPARTMENT OF STATE, tleman from New York [Mr. SCHUMER]. planes. When we began to aggressively inter- Washington, DC, May 19, 1997. Mr. SCHUMER. Mr. Chairman, I cept those flights, they moved from the skies Hon. DON YOUNG, to the seas. Chairman, Committee on Resources, thank the gentleman for yielding me House of Representatives. this time. So the war against drug smugglers has now DEAR MR. CHAIRMAN: This letter is to re- Mr. Chairman, in this debate there moved to a new front. In this new naval battle, spond to your committee’s request for an- are going to be many strong arguments the eastern tropical Pacific is enemy-controlled swers to questions concerning H.R. 408, spe- against this legislation. They point territory. According to United States Govern- cifically allegations that purse seine vessels out, of course, my colleagues, that this ment estimates, two-thirds of the cocaine en- engaged in tuna harvesting in the eastern antidolphin bill damages marine tering Mexico comes through the eastern tropi- tropical Pacific Ocean are involved in drug trafficking. ecosystems, threatens American jobs cal PacificÐthat's at least 275 tons of cocaine The Department of State has been working and undermines consumer labeling a year. And most of those drugs end up in with the United States Coast Guard, the Of- policies. But there is one more reason American neighborhoods and schools. fice of Naval Intelligence, the Drug Enforce- to vote ‘‘no’’ on the international dol- The smugglers use tuna fishing boats to ment Administration, and the Office of Na- phin conservation program, because it hide in this vast stretch of ocean, because the tional Drug Control Policy to examine this is actually the international drug car- boats are fast, they are inconspicuous, and question. Of the over one hundred fishing tel promotion agent. they have a good alibi for being there. A tuna vessels participating in the International According to United States Govern- fishing boat can criss-cross the eastern Pacific Dolphin Conservation Program (IDCP), only ment estimates, two-thirds of the co- a few have in the past been linked to suspect over and over, and no one could tell whether activities or persons, and a recent review of caine entering Mexico comes through it was chasing dolphinsÐor evading detection. available information elicited no hard evi- the eastern tropical Pacific, 275 tons a In the last 2 years, authorities have man- dence to confirm the allegation that vessels year, and most of those drugs end up in aged to make four gigantic seizures of cocaine in the IDCP are involved in organized drug American neighborhoods and schools. from tuna boats in the eastern Pacific. In one trafficking activities. H3124 CONGRESSIONAL RECORD — HOUSE May 21, 1997 As a general matter, the Magnuson-Ste- In recent years, dolphin mortality in the us in compliance with our inter- vens Fishery Conservation and Management Eastern Tropical Pacific tuna fishery has national obligations. With such a Act prohibits foreign-flag vessels from con- been reduced far below historic levels. The strong and diverse coalition behind ducting fishing operations within the U.S. bill will codify an international agreement Exclusive Economic Zone (‘‘EEZ’’) unless this bill, we should strongly support it. to lock these gains in place, further reduce Mr. PALLONE. Mr. Chairman, I yield there is a governing international fisheries dolphin mortality and protect other marine agreement (‘‘GIFA’’) in force between the life in the region. This agreement was signed 1 minute to the gentleman from Wis- United States and the flag state of the ves- in 1995 by the United States and 11 other na- consin [Mr. KLUG]. sel. No GIFAs are in force for any of the na- tions, but will not take effect unless the Mr. KLUG. Mr. Chairman, let me re- tions participating in the purse seine tuna Congress acts on H.R. 408. spond, if I could, to the gentleman fishery in the eastern tropical Pacific Ocean. This legislation is supported by major en- from New Jersey [Mr. SAXTON], my Even if such GIFAs were in force, foreign vironmental groups including Greenspace, good friend. Unfortunately in this case, fishing within the U.S. EEZ could occur only the World Wildlife Fund, the National Wild- if a surplus of fish was determined to exist I need to make the point to him that life Federation, the Center for Marine Con- during the last 18 months, four record- and if the Secretary of State allocated a por- servation, and the Environmental Defense tion of that surplus to vessels of the flag Fund. The legislation also is supported by breaking seizures of cocaine on fishing State. In fact, there has been no such surplus the U.S. fishing industry. vessels have been made by the United identified for several years. Nothing in H.R. I am hopeful that this important legisla- States and other authorities. I think in 408 would alter that circumstance. tion will be passed by the full House when it a year when this body was highly criti- Transshipments involving foreign vessels comes to the floor this week. Again, thank in the EEZ are not allowed unless a GIFA is cal of Mexico’s ability and willingness you for your support of H.R. 408. in force, or unless a permit is issued under to cooperate with the crackdown on Sincerely, section 204(d) of the Magnuson-Stevens Act drugs, we should be extremely cautious AL GORE. (as amended by section 105(d) of the Sustain- about providing another opportunity to able Fisheries Act). No transshipment per- Mr. Chairman, I yield 2 minutes to penetrate our borders and circumvent mits have been issued under section 204(d), the gentleman from Illinois [Mr. our loss. nor have any applications been received from CRANE]. On behalf of the Humane Society of vessels in the IATTC La Jolla program. In Mr. CRANE. Mr. Chairman, I am the United States, I will include for the order to issue a permit under section 204(d), pleased to rise today in support of H.R. the Secretary of Commerce must determine RECORD a document, I would like to in- that the transportation of fish or fish prod- 408. This is a unique opportunity to ap- troduce a document analyzing and doc- ucts will be in the interest of the United prove legislation that would meet our umenting the relationship between the States. environmental concerns over dolphin growing drug trade, Mexican tuna fish- Similarly, the Nicholson Act generally mortality, put us in compliance with ing and a history of United States sei- prohibits foreign-flag vessels from landing our international obligations, and use zures of foreign fishing vessels. fish in U.S. ports. While there are a small multilateral standards for the imposi- I continue to support measures to number of limited exceptions to this rule tion of sanctions, instead of unilateral (e.g., for the U.S. Virgin Islands and Amer- protect dolphin, but at the same time I ican Samoa), none of those exceptions ap- standards that violate the WTO. am worried that passage of the Inter- plies to the tuna fishery of the eastern tropi- This bill was referred to the Commit- national Dolphin Conservation Pro- cal Pacific Ocean. Accordingly, the foreign- tee on Ways and Means to address its gram Act may lead to a different and flag vessels that participate in that fishery trade aspects. We reported it out as ap- more serious problem. I want to save cannot land their catch in U.S. ports. Noth- proved by the Committee on Resources dolphins, but it seems to me that stop- ing in H.R. 408 would alter that circumstance without further amendment and a ping drugs is critically important at either. Moreover, the Administration believes strong bipartisan vote. I support the the same time. So unfortunately, I that the passage of this legislation would ac- bill because it would replace the cur- have to oppose this measure. Mr. tually aid the fight against drug smuggling rent use of U.S. unilateral standards as Chairman, I include for the RECORD the by increasing the level of scrutiny over the a trigger for an import ban of tuna document to which I earlier referred. activities of vessels involved in the eastern caught with purse seine nets with mul- LIFTING THE TUNA EMBARGO AND CHANGING tropical Pacific tuna fishery. There will be tilateral standards agreed to as part of THE DOLPHIN SAFE LABEL: THE PREDICTED an observer on every vessel participating in the Panama Declaration. If countries IMPACT ON NARCOTICS TRAFFICKING the dolphin protection program, and the ob- are in compliance with the multilat- How are Drug Smuggling and our Tuna/dol- server will be tracking the tuna from the net phin Laws Related? Narcotics smuggling and to the hold to the dock. This increase in eral standard for the fishing of yellow- dolphin-deadly tuna fishing by chasing and oversight of vessels which could be used for fin tuna, then the import ban would encircling dolphins with purse-seine nets smuggling will decrease the likelihood of not apply. their being used as part of the drug trade. Any use of unilateral standards for take place in the eastern tropical Pacific Ocean (ETP). Mexico, which wants the U.S. The enactment of H.R. 408/S. 39, although ob- the imposition of sanctions is trou- viously not designed as a counterdrug meas- to change its laws to re-open our market to bling. In fact, a GATT panel has found tuna caught this way, is also a major narcot- ure, will accomplish these things, and would our current law to violate our inter- also enhance the general level of cooperation ics trafficking country with smuggling oper- among nations in the region, which could national obligations. Instead, enforce- ations in the ETP. benefit the fight against drug smuggling. ment actions are most effective when The Flow of Narcotics into the United The Office of Management and Budget ad- they are based on international consen- States: According to the U.S. Drug Enforce- vises that from the standpoint of the Admin- sus, as this bill would establish. Such ment Administration (DEA), over 70% of all istration’s program there is no objection to cocaine entering the U.S. comes through consensus is more constructive to ef- Mexico. At least two-thirds of the cocaine the submission of this report. fective management of the ETP tuna I hope this information is useful to you. that enters Mexico is shipped in maritime Please do not hesitate to call if we can be of fishery by all countries concerned. vessels from other Latin American coun- further assistance. I believe that these standards will tries—at least 275 tons of cocaine transit the Sincerely, serve as a positive incentive to reduce ETP every year. It is then smuggled into the BARBARA LARKIN, dolphin mortality, while at the same U.S. over various land and water routes from Assistant Secretary, time putting the United States in com- Mexico into California, Arizona, and Texas. Legislative Affairs. pliance with international agreements. Narcotics Travel via Eastern Tropical Pa- cific Ocean: Maritime vessels, such as fishing Proof of the benefits of H.R. 408 is the OFFICE OF THE VICE PRESIDENT, trawlers and cargo ships, are becoming more Washington, DC, May 20, 1997. fact that this legislation is supported widely used by drug cartels to smuggle co- Hon. , by the administration and key environ- caine because the risk of capture is so low: House of Representatives, mental groups such as National Wild- The vastness of the ocean makes intercept- Washington, DC. life Federation, Center for Marine Con- ing ships nearly impossible. In fact, U.S. law DEAR REPRESENTATIVE GILCHREST: I am servation, Environmental Defense enforcement officials have stated that, with- writing to thank you for your support of Fund, Greenpeace, and the World Wild- out informants, drug shipments in maritime H.R. 408, the ‘‘International Dolphin Con- life Fund. vessels are essentially impossible to detect. servation Program Act.’’ As you know, the Drug interdiction in the eastern Pacific is Administration strongly supports this legis- In addition, our tuna fishing industry made more difficult because the U.S. has few lation, which is essential to the protection of supports the bill and our trading part- law enforcement cooperative agreements dolphins and other marine life in the Eastern ners have indicated that they believe with Pacific nations. Even when ships are Tropical Pacific. implementation of the bill would put apprehended, actually finding the drugs is May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3125 extremely difficult, because the illicit cargo States, and therefore there is no in- serve the total marine ecosystem in the east- is hidden in hard-to-find compartments. creased possibility of drug traffic. ern Pacific. The fishing practices encouraged Moreover, many fishing vessels are equipped Mr. KOLBE. Mr. Chairman, I rise in by some groups would result in an unreason- with radar and scanners that allow them to strong support of H.R. 408, the Inter- ably excessive by-catch of a number of dif- determine if they are being followed, giving national Dolphin Conservation Pro- them an edge over law enforcement officials. ferent species, including endangered sea tur- Tuna-type Vessels are Well-suited for Nar- gram Act. I think it is an exceptional tles, sharks, billfish, and large numbers of tuna cotics Tafficking: A class 5 or 6 tuna vessel— bill. It provides an international solu- and other fish species. In fact, the fishing pro- the type used to set purse-seine nets on dol- tion to an international problem, the cedures advocated by some opponents to this phins—is capable of concealing multi-ton regulation of tuna fishing in the open bill are likely to endanger the long-term health shipments of cocaine with much less risk of seas. It is a good bill. It reflects a com- of tuna stocks themselves as these proce- discovery than other smuggling methods. promise among many competing inter- dures tend to capture a large amount of imma- Class 5 and 6 tuna vessels fish on the high ests. ture tuna. seas for months at a time. Although they In recent years tuna fishermen have We can do both. And, this bill does both. may embark for specific fishing areas, these developed new, innovative methods We have the technology to preserve the ma- areas cover hundreds of square miles. Fur- which enable them to capture tuna thermore, unlike a cargo vessel, which gen- rine ecosystem and protect the dolphin. Let's erally travels directly from point ‘‘A’’ to without ensnaring dolphins at the do it. Let's implement this bill. Let's keep the point ‘‘B,’’ a fishing vessel may traverse an same time. In addition, tough new dolphin, and the marine ecosystem, safe. I area many times—creating unique opportu- monitoring procedures have been insti- urge support of H.R. 408. nities for transporting illegal goods. tuted and international oversight re- Mr. PALLONE. Mr. Chairman, I yield Mr. PALLONE. Mr. Chairman, I yield sponsibilities strengthened. Over time 2 minutes to the gentlewoman from Or- 2 minutes to the gentleman from Cali- these procedures have been increas- egon [Ms. FURSE]. fornia [Mr. FARR]. ingly internationalized, most recently Ms. FURSE. Mr. Chairman, I thank Mr. FARR of California. Mr. Chair- through permanent binding procedures the gentleman for yielding time to me. man, I thank the gentleman for yield- set forth in the Declaration of Panama. Mr. Chairman, I am rising in opposi- ing. I want people to take a look at By implementing the Panama Dec- tion to H.R. 408. I think this is truly an issue of labeling. The American public what they are being asked to do. They laration, H.R. 408 brings us along to the demanded and came to accept the fact are being asked to vote for a bill and next step in this evolutionary process. that tuna with the tuna safe label was the title of the bill is the International It provides incentives needed for other tuna where dolphins were not harmed. Dolphin Conservation Program Act. nations to remain in compliance by providing those nations who abide by H.R. 408 does something that I think Now, what it is all about is the we should explain. What H.R. 408 does, strength of American markets. The the agreement with access to an impor- tant export market. Make no mistake it says that you can now harass dol- reason we have practices that say we phins, you can separate them from have to fish safe for dolphins is because about it, these market incentives are absolutely critical to the continued their calves. We do not know if that of these cans that we sell in American success of the program. hurts them. You can move them when grocery stores, and on them is a sym- Mr. Chairman, we do not have to en- they are feeding. We do not know if bol that says, dolphin-safe. What we danger the future of our tuna stocks that hurts them, but the American want to do by this law is to change and needlessly put sea turtles and public thinks that that might be harm- that. We want to change truth in label- other species at risk, jeopardize the ful. The American public has come to ing. continued viability of a successful dol- believe that when we say dolphin safe, b 1545 phin protection program, and renege on we mean it. So this is a question of This is all about labeling, Mr. Chair- our international obligations to save trust. What H.R. 408 would do is if dolphin man. This is about the U.S. market, an extremely small number of dol- were caught in the net, if we went back this is about the U.S. consumers, this phins. That is absolutely senseless, es- to that kind of fishing and it was re- is about us. What it is about is that pecially when we have the technology moved while still alive, it would not be this bill says because of a 1991 trade to protect these species and protect counted as a dolphin killed. That is all dispute, that we ought to let that dis- dolphins. I urge Members’ support of that H.R. 408 says, is that the dolphin pute dictate how we sell products in H.R. 408. But first, I think we need to put a little histor- must not be dead. So then they throw American stores. this dolphin overboard. How long does This is all wrong, because what this ical perspective on this debate, Mr. Chairman. In the mid-1970's dolphin mortality rates it last? We do not know. bill recognizes is that in the process of were clearly at unacceptable levels. Over What I think we have to understand doing that we will double the number 500,000 dolphins were killed each year in pur- is that this is a situation of pressure. of dolphin that will be killed. This is suit of tuna stocks. In response to this unac- We have an enormous market, as has about access to American markets. It ceptable loss of life, 5 years ago the United been pointed out, and foreign fisheries is about corporations who are using the States placed an embargo on the importation would like to be part of that market. American markets to sell their prod- of any tuna caught using primitive encircle- But our American fisheries have lived uct, the tuna that are caught in the ment measures. by the rules of dolphin safe. Our Amer- oceans far off our coastline, but be- It locks in the reforms of the Panama Dec- ican fisheries have said that they cause the American public buys so laration, reiterates our support of the Inter- would abide by U.S. law. much tuna, they know they can only national Dolphin Conservation Program Why are we opening up this great sell it in this country if they do it the [IDCP], and strengthens compliance proce- market to foreign fisheries that could way the consumers want to do it. dures. allow dolphin to be actually killed, Along comes a law and says, hey, let The procedures required under the Panama maybe not in sight, but killed, and still us change that. Let us change the la- Declaration are costly: on-board observers on have that dolphin safe label? beling on the can, let us change the all tuna boats, individual boat licensing, and Mr. Chairman, I think that foreign practices, so in fact we can go out and use of nets and divers to ensure the safety of fisheries will continue to fish in the in the process we may kill more dol- the dolphin population. Without the U.S. mar- way they always have, but what we do phins. That is not what the American ket as an incentive, these nations are bound not have to do is give them access to public wants. The consumer does not to revert to destructive fishing practices of the our markets. The consumers, little want to be tricked, does not want to be past, and we'll end up with dolphin kill ratios children in this country, fought for cheated. Remember, the consumers are as high as we had in the 1970's and 1980's. this label, this dolphin safe label. I the ones that started this process. I If we don't act today and enact this legislation, think we should protect it and keep it urge a ‘‘no’’ vote on the bill. we will turn back on treaty obligations nego- for the American fishery. Mr. SAXTON. Mr. Chairman, I yield 1 tiated in good faith and discourage fishermen Mr. SAXTON. Mr. Chairman, I yield 1 minute to the gentleman from Arizona from other countries from using safer fishing minute to the gentleman from Colo- [Mr. KOLBE], who knows as well as I do methods. rado [Mr. SKAGGS]. that this legislation does not allow for- But this bill does more than protect dol- Mr. SKAGGS. Mr. Chairman, I thank eign fishermen to land in the United phins. It provides an effective method to con- the gentleman for yielding time to me. H3126 CONGRESSIONAL RECORD — HOUSE May 21, 1997 Mr. Chairman, we currently have a logically based mortality caps that will provide administration and the U.S. fishing industry as voluntary agreement which has re- important new safeguards for the most de- well as by a number of environmental and sulted in a huge decrease in dolphin pleted dolphin populations. And the Panama conservation groups, including the National mortality associated with tuna fishing. declaration provides for the world's strongest Wildlife Federation, the World Wildlife Fund, This bill would change U.S. law so that dolphin monitoring program, with independent the Environmental Defense Fund, the Center that voluntary agreement can essen- observers on every fishing boat. for Marine Conservation, and Greenpeace. It tially be incorporated into a new bind- Implementation of the Panama Declaration deserves the support of the House. ing international agreement and stand- depends upon the changes in United States Mr. PALLONE. Mr. Chairman, I yield ard. law that would be made by this bill. Among 3 minutes to the gentleman from The issue of dolphin safe labeling is other things, these changes will lift restrictions American Samoa [Mr. FALEOMAVAEGA]. at the heart of this matter. I believe on access to our markets for tuna caught in (Mr. FALEOMAVAEGA asked and this bill would make that labeling compliance with the new agreement, including was given permission to revise and ex- truer; that is, more accurate, not less, revision of the criteria for labeling tuna as dol- tend his remarks.) and fewer dolphin kills, not more, and phin safe. That change is the most controver- Mr. FALEOMAVAEGA. Mr. Chair- with no tuna being able to bear the dol- sial part of the bill, but it is an essential part man, today we will hear this bill is phin safe label if impartial inter- and should be approved. good for the environment, good for the national observers determined there Remember, right now, under current law dolphins, good for other species of fish, had been any dolphin kills. that the dolphin safe label on a can of tuna and good for the U.S. consumers. I re- Mr. Chairman, this bill locks in a doesn't necessarily mean that no dolphins spectfully disagree with such an assess- change in fishing practices and stand- died in connection with the catching of those ment. ards with a demonstrated track record fish. Instead, it just means that the fishermen Mr. Chairman, when annual dolphin of reducing exactly the sort of thing did not use a school of dolphins as their guide deaths were 100,000 per year, the U.S. that we want to eliminate, unnecessary for setting their nets. If that condition is met, consumers revolted and said they mortality for dolphin associated with the dolphin safe label can be applied even if would not buy tuna caught while dol- tuna fishing. I cannot understand why in fact dolphin were killed. phins were being killed in record num- Greenpeace, any number of other rep- In contrast, under the Panama Declara- bers, I remind my colleagues. Mr. utable environmental organizations, tionÐas implemented by H.R. 408Ðthe term Chairman, this came about not because would back this if they did not see that dolphin safe may not be used for any tuna of the politicians, not because of the as the truth. caught in the eastern Pacific Ocean by a environmentalists, not because of the Mr. Chairman, I support this bill. I believe purse seine vessel in a set in which a dolphin scientists, but the American consum- we need to pass it to continue to make mortality occurredÐas documented by impar- ers. They were the ones that were up in progress in further reducing the dolphin mor- tial, independent observers. arms. tality associated with fishing for tuna. In other words, it's not true that this bill The record numbers that I men- I think we all agree about that goal, the goal would destroy the meaning of the dolphin safe tioned, 100,000 recorded dolphin deaths of saving dolphins. But clearly opinions are di- labelÐinstead it would make its meaning more per year, an estimated 7 million dol- vided about the best way to reach itÐand so specific and more accurate, by imposing a no- phin deaths total, and dolphin stocks there's a division of opinion about this bill, as mortality standard, while providing for further depleted to 25 percent of prior levels there was about the similar bill that passed the study of the effects of dolphin-encirclement with no signs of increasing numbers, House last year but died when the Senate and a mechanism to again stop that fishing these numbers were and are staggering, failed to act. technique if it's determined to have an ad- Mr. Chairman. We all remember horrifying images of dol- verse impact on dolphins. As a result of the U.S. consumer boy- phins dying in fishermen's nets. Those scenes I think this is a desirable change in the law, cott of canned tuna, the major tuna rightly brought a public clamor for urgent ac- one that should be made even if the current companies took the lead in changing tion. And, since then we've made real law was completely consistent with inter- the methods and locations in which progress. In fact, dolphin mortality in the east- national trading rulesÐwhich it isn't. tuna were caught. The result of these ern tropical Pacific has been cut by better than And that isn't just my opinion, or the opinion changes has been a significant reduc- 90 percent. of other supporters of NAFTA and the World tion in the number of dolphin deaths Many people credit this improvement to the Trade Organization. For example, Greenpeace from 100,000 per year to less than 2,500 current law setting criteria for labeling tuna strongly opposed NAFTA, but supports H.R. this year. This has been accomplished sold in the United States as dolphin safeÐand 408 because they recognize that the Panama under current law, and every indica- there's no doubt that law has helped. But to Declaration is good conservation policy and tion is that the number of dolphin an even greater extent the progress we've this bill to implement that agreement is a good deaths will continue to decline under made in the result of an agreement among the conservation measureÐone with sanctions current law. With a record like that, nations whose boats fish in the eastern Pa- that would be effective because they are part Mr. Chairman, I find little reason to cific. And that's the problem, because that of a binding international agreement, unlike change the current law. agreement is strictly voluntary. It's not binding. the restrictions in our current dolphin safe law. Mr. Chairman, the history of this leg- In 1995, an important step was taken when Furthermore, we need to recognize that fish- islation is clear. It resulted from nego- a dozen tuna-catching nationsÐincluding the ing can't be truly dolphin safe unless it's safe tiations between foreign governments United StatesÐmet in Panama to develop a for the ecosystem. in Central and South America and five binding international agreement to replace the Because it focuses on fishing methods, not environmental groups. present, strictly voluntary agreement. The re- dolphin mortality, the current labeling law has Why do these foreign governments sult of those talks was a new framework had serious unintended consequences. Some support this legislation? Because they agreement, known as the Panama Declara- of the dolphin safe methods tend to result in want the money that can be earned tion. The purpose of this bill is to implement a catch of primarily juvenile tunaÐharmful to from selling their canned tuna in the that declaration, in order to strengthen inter- the viability of the fisheryÐor result in numer- United States. In fact, Mexico is so national conservation programs and to set the ous catches of other species such as endan- concerned about its perceived right to stage for further reducing dolphin mortality. gered sea turtles or billfish. sell canned tuna in the United States As we consider this bill, we should keep in In fact, it well may be better for the ocean that it is prepared to renew a trade ac- mind what the Panama Declaration provides, ecosystem for tuna fishermen to set their nets tion against the United States because because it goes beyond previous agreements on dolphins and then to release the dolphins our laws currently do not permit tuna in several important ways. safely when the tuna are harvestedÐsome- caught by chasing and encircling dol- Under the Panama Declaration, there would thing that is strongly discouraged by the cur- phins to be sold here. for the first time be a firm, binding international rent labeling standard. Mr. Chairman, from Mexico’s per- commitment to the goal of completely eliminat- So, Mr. Chairman, while I respect the views spective our effort to protect the lives ing dolphin loss resulting from tuna fishing in of its opponents, I think this is a good billÐ of dolphins is an illegal trade barrier, the eastern Pacific Ocean. In addition, the good for dolphins, good for the ocean eco- and the Mexican Government has told declaration would provide new, effective pro- system, and good for our relations with other the United States Government in no tection for individual dolphin speciesÐbio- tuna-fishing countries. It's supported by the uncertain terms that if we do not May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3127 change our laws, and I want to empha- So, I get back to my recurring question: I’m not likely to get myself in that unfortu- size, if we do not change or amend our Who benefits from this legislation? Well, the nate position. laws so more dolphins can be killed immediate beneficiary of this bill would be I know that supporters of H.R. 408 say it each year, Mexico will file an action Mexico. The Mexican fishing industry gets ac- will be better for dolphins if the U.S. market against the United States with the cess to the lucrative United States market for is changed as it recommends but they don’t account for the fact that the main reason World Trade Organization. canned tuna. This means more jobs for Mexi- the foreign countries support H.R. 408 is that Mr. Chairman, I submit, Congress is can fishermen, more jobs for Mexican fish it would increase their tuna exports to the presented with the agreement, and is cleaners, more jobs for Mexican truck drivers, U.S. market. Increased fishing for tuna in told now, take it or leave it. I respect- more business for the Mexican ports which the tropical waters will increase the dolphin fully ask my colleagues, vote this leg- translates to increased fees paid to the Mexi- mortality over current numbers because islation down. can state and federal governments. more tuna will be caught to sell to the large Mr. Chairman, I rise today in strong opposi- It turns out a lot of people will benefit from U.S. market. As you know from the CQ arti- tion to H.R. 408, a bill which will legalize an this legislation. Unfortunately, none of them cles, it is not likely that the observer system increase in the number of dolphin deaths and are our constituents. What do we get out of will actually work since one observer can’t be everywhere he needs to be and for finan- deceive U.S. consumers who have learned to this legislation? We get fewer jobs and in- cial reasons could probably be paid to look trust the dolphin safe label as a sign that dol- creased dolphin kills. Some call this win-win the other way anyway. I apologize for my phins were not harmed during the capture of legislation. cynicism but I just can’t condone the posi- tuna canned carrying that label. H.R. 408 Last year when we considered this legisla- tion that H.R. 408 is what is right for the dol- nearly doubles the number of dolphins which tion I spoke at length about Samoan culture phins. As a mammal, dolphins don’t repro- can be killed, and lowers the standards behind and my personal experience with dolphins. I duce at the abundant rate that fish do and the dolphin-safe label. mentioned then that the dolphins were not each dolphin mother has to spend time feed- The supporters of this bill say we need this able to speak for themselves, so I would try to ing and raising its young, as do all mam- legislation to further reduce dolphin mortality in look out for their safety. The dolphins still don't mals, so dolphins do need to be protected from fishing techniques that basically mine future years. If that is true, then I ask why have a representative here in Congress. The the sea. dolphins didn't have a representative in Pan- does the legislation permit dolphin deaths to The real reason for H.R. 408 is to help the rise to 5,000 per year? This increase will not ama either when this agreement was nego- U.S. avoid embarrassing WTO (World Trade benefit the dolphins, so I ask you who will tiated. Maybe that's why some call this win- Organization) sanctions and/or fines. Those benefit from this provision? win legislation. The Mexican fishing industry of us who opposed NAFTA and the creation I said earlier that one way the dolphin mor- wins. And I guess, since many of the modern of the WTO and expansion of GATT said that tality was reduced significantly was that the Mexican fishing boats are owned by known it would be no time at all before the U.S. U.S. tuna fleet changed its location. U.S. tuna drug traffickers, they win too. started changing its laws to comply with boats stopped catching tuna in the eastern So all along I've been asking who wins, lower international standards. During the tropical Pacific, where the tuna swim under when maybe the better question is who loses debate over GATT expansion, one pro-GATT with this legislation? The U.S. worker loses, trade staffer assured me that she was sure the dolphins, and moved to the western tropi- the U.S. would pay the fine before they’d cal Pacific, where the tuna do not swim under the U.S. consumer loses, and the U.S. cities ever consider overturning the popular Dol- schools of dolphins. where tuna is shipped from and landed lose, phin Safe Tuna laws. It appears she was The supporters of this legislation want you too. That sounds pretty one-sided to me. wrong. As you know the U.S. Clean Air Act to believe that if their legislation is adopted, Is this win-win legislation? I guess it de- lost in the recent WTO challenge regarding the fishing fleet will return to southern Califor- pends on your perspective, doesn't it? gasoline refined in foreign countries and the nia, and that tuna canning plants will reopen Mr. Chairman, I include for the EU lost the U.S. challenge regarding their RECORD a letter from Gwen Marshall. refusal of hormone laden beef. A vote for in southern California. The truth is that clean- The letter referred to is as follows: ing and canning tuna is a labor-intensive in- H.R. 408 is a vote for the U.S. Congress to give away their right to make laws that are dustry, and those jobs are not going to go to In Re: H.R. 408 regarding the Dolphin Safe Tuna issue Scheduled for House Floor popular with the U.S. public. southern California as long as NAFTA and Vote, Thursday, May 22, 1997 I understand that some people have adopt- GATT are in force. In fact, the U.S. tuna in- Attn. those dealing with Environmental & ed ‘‘free trade’’ as a religion just as I have dustry is one more example of well-paying Foreign Trade Issues adopted ‘‘the right to a healthy existence for jobs currently held on U.S. soil which are ex- has had two great all species’’ as my religion. Free trade agree- pected to move to foreign soil over the next articles on this issue recently, April 12th ments’ ability to change popular national, few years. page 841–2 and April 19th page 908–9 that are regional, and local laws is the real reason for If this legislation is enacted into law, the required reading for anyone new to this this vote. The complaint with the current U.S. tuna fishing fleet will move to Mexico, issue. The main reason for this vote is to Dolphin Law is not that it kills too many bring a popular U.S. environment law into new cleaning and canning plants will be con- dolphins, but that it is in violation of GATT. compliance with GATT (General Agreement There is no definite proof that a vote for structed in Mexico, and then the canned tuna on Tariffs and Trade). Both articles were H.R. 408 would be better for the dolphin as will be shipped into the United States duty-free under the title of Environment so as one its proponents claim. As an environmental- under NAFTA. Now I ask you, who do you considered both an environmental and trade ist, I know we need to look for the truth be- think will benefit from that development? activist I’m hoping to help clarify the envi- hind the rhetoric and ask you to do the same In an effort to ease tensions between Mex- ronmental position on this issue. and oppose H.R. 408. The religion of ‘‘free ico and the United States, the administration is As you know, Greenpeace was one of the trade no matter what’’ does need to be chal- larger environmental groups opposed to lenged objectively. We can’t afford to sac- supporting this agreement, an agreement to NAFTA. I worked for them as a canvasser which they weren't even a party. rifice our popular laws to the alter of free out of the Cincinnati office the summer of trade. Please vote against H.R. 408. Mr. Chairman, this legislation is about sav- the NAFTA campaign. The word at that time Please feel free to contact me if you want ing dolphins, this is trade legislation was that Greenpeace was feeling financial to discuss this further. Leave a message on masquerading as environmental legislation. pressure from the large grantors because of my answer machine and I can return your its stand against NAFTA. The environ- What makes the bill even worse is that from call after 3:30 PM. Your support would be ap- mental community was considered split dur- the U.S. perspective, this is bad trade legisla- preciated. ing the NAFTA campaign but in general the tion. Who benefits from this legislation? Not Sincerely, local grassroots type groups were opposed to our constituents. GWEN MARSHALL. What the U.S. consumer gets is a watered NAFTA and the larger grant funded groups were in support of NAFTA—the money trail down definition of the dolphin safe label. Keep Mr. SAXTON. Mr. Chairman, I yield was obvious. Greenpeace has closed its Cin- myself 10 seconds. in mind that the label does not change, only cinnati office and many other local offices so the meaning of the label. So the typical Amer- they are obviously hurting for money. As sad Mr. Chairman, I ask the gentleman ican consumer will be able to go to a grocery as it is, it came as no surprise that from American Samoa if he knows that store and see a variety of canned tuna for Greenpeace was willing to sell out their pre- Greenpeace, the World Wildlife Fund, sale. Some will have the current dolphin safe vious position against allowing foreign trade the Center for Marine Conservation, label and some will not. Unfortunately, be- agreements to weaken U.S. environmental the National Wildlife Federation, and cause the dolphin safe label will not have law by condoning the results of the 1995 Pan- the Environmental Defense Fund all ama Agreement regarding the Dolphins. En- strongly support the bill. changed, many consumers will be deceived vironmental groups, like politicians, can be into believing that the tuna was caught in a guilty of finding ways to justify a position Mr. Chairman, I yield 31⁄2 minutes to truly dolphin safe manner when in fact that is for the right amount of money. I’m glad that the gentleman from California [Mr. not the case. I’ve been able to arrange my finances so that CUNNINGHAM]. H3128 CONGRESSIONAL RECORD — HOUSE May 21, 1997 Mr. CUNNINGHAM. Mr. Chairman, it Secretary of State, and the rest of This bill removes, I think, that cer- never ceases to amaze me that some them. tainty. I urge my colleagues to oppose people on the other side of this issue Mr. SAXTON. Mr. Chairman, if the passage of this bill. It sets a dangerous state their opinions as fact. I would say gentleman will yield to me, I want to precedent that we should soundly re- they are factually challenged. That is emphasize the point the gentleman was ject. refuted in every single document that making about dolphin-safe. People be- Mr. Chairman, I rise today in opposition to we have. When we go into the full lieve the label on the can actually H.R. 408Ða bill many of my constituents have House I will submit for the RECORD means dolphin-safe. Is the gentleman termed ``The Dolphin Death Act.'' documents from the Coast Guard, from aware that in 1993, 4,500 dolphins died Let me begin by saying that I do not impugn the Office of Drug Policy, from the as a result of the current practice in the intentions of the bill's sponsors. We all DEA, from General McCaffery, stating the eastern tropical Pacific, and be- support the goals of a strong economy and that their claims are false. Why would tween 9,000 and 13,000 dolphins died in the protection of animals. Unfortunately, this they do that? the Sri Lanka fishery during the same bill falls short on the second count. In fact, not Well, we have fund-raising letters year? only does it fail to adequately protect dolphins, here from some of their organizations Mr. CUNNINGHAM. I am, and it was it will contribute to confusion and may mislead that would like to put money into also put into the dolphin-safe labels. consumers about what ``dolphin safe'' tuna ac- their campaigns, but there are some Mr. SAXTON. Our new system has a tually means. Let us be clear about what this bill does: it general people, I think, that are mis- target of zero dolphin deaths? changes the definition of dolphin safe tuna. informed. First of all, I would like to Mr. CUNNINGHAM. Zero. H.R. 408 changes the definition of dolphin say that dolphin-safe is not dolphin- Mr. MILLER of California. Mr. Chair- safe tuna to allow tuna to be sold under the safe under the current system. There is man, I yield 2 minutes to the gen- dolphin safe label even if dolphins were a certain amount and percentage that tleman from Florida [Mr. BILIRAKIS]. chased, harassed, or seriously injured by en- can actually go into that. Mr. BILIRAKIS. Mr. Chairman, I rise circlement nets during the tuna catch. I would like to state to the Members today in opposition to H.R. 408, a bill Proponents of H.R. 408 argue that the bill and show them exactly in the rule, in that many of my constituents have maintains the validity of the dolphin safe label this bill, it says and I quote, No tuna termed the Dolphin Death Act. Let me because it requires vessel captains to certify will be labeled dolphin-safe unless ab- begin by saying that I do not impugn that no dolphins were ``observed'' dead in the solutely no dolphins were killed. This the intentions of the bill’s sponsors. We nets. Aside from the obvious imperfections in is verified by an on-board international all support the goals of a strong econ- human judgments, dolphin safe means more IATTC observer. These observers are omy and the protection of animals. than just no dolphins died during the catch. made up of 35 scientists. Some of those Let us be clear about what this bill There is a mounting body of scientific evi- are like Scripps Oceanographic and the does. It changes the definition of dol- dence that suggests that chasing and encir- natural association. These are trained phin-safe tuna. H.R. 408 changes the cling dolphins with purse seine nets leads to observers, trained, in every single boat. definition of dolphin-safe tuna to allow delayed mortality and decreased reproductive When Members talk about drug tuna to be sold under the dolphin-safe potential. Both essentially weaken dolphin boats, the one they talk about with the label even if dolphins were chased, har- stocks. Hardly dolphin safe. cocaine was from Ecuador. That was a assed, or seriously injured by encircle- Several years ago, Congress passed laws dolphin-safe label. They did not even ment nets during the tuna catch. to embargo the import of tuna caught by set- have observers on it. It did not even Proponents argue that the bill main- ting nets on dolphins. We took this action be- have fishing equipment on it. It was a tains the validity of the dolphin-safe cause it was bad for dolphins then. Nothing drug boat. It had no observers. label because it requires vessel cap- has changedÐchasing dolphins down with When they pull up to a dock, under tains to certify that no dolphins were helicopters and speed boats and encircling the current system, it is checked there. observed dead in the nets. them with nets is inhumane. It not only causes We have 100-percent trained observers distress and physical injuryÐit can also lead b 1600 on every single boat. If there is one to dead dolphins in the future, long after the dolphin killed in that, then it cannot Aside from the obvious imperfections traumatic chases have ended. be dolphin-safe. in human judgments, dolphin-safe Now, we are being asked to change our Mr. Chairman, we have many offi- means more than just no dolphins died laws because of pressure from other countries cials in other countries that are pro- during the catch. There is a mounting and then, to add insult to injury, compound the America, pro-reform. A classic example body of scientific evidence that sug- mistake by selling dolphin deadly tuna under is Secretary Comacho in Mexico. He is gests that chasing and encircling dol- the dolphin safe label. This is simply wrong. trying to make some changes, to move phins with purse seine nets leads to de- Mr. Chairman, when someone goes to the toward the United States. Do we slap layed mortality and decreased repro- supermarket, picks up a can of tuna and sees the dolphin safe label, he or she expects it to Mexico in the face for positive move- ductive potential. Both essentially mean what it says. This bill removes that cer- ments in that? I say no. weaken dolphin stocks; hardly, I sug- Many of our American consumers gest to my colleagues, dolphin-safe. tainty. I would urge my colleagues to oppose pas- still mistakenly believe that the dol- Several years ago Congress passed sage of this bill. It sets a dangerous precedent phin-safe policies protect the labels. It laws to embargo the import of tuna that we should soundly reject. does not. Earth Island gets millions of caught by setting nets on dolphins. We Mr. SAXTON. Mr. Chairman, I yield dollars every year for managing it. took this action because it was bad for myself 30 seconds. That is what is at issue here. They dolphins then. Nothing has changed, I would like to say to the gentleman forego that if these countries go in. chasing dolphins down with helicopters from Florida that we were also con- This is a show-me-the-money debate, and speed boats and encircling them cerned about this issue, and we found not for the debate, what they are talk- with nets is inhumane. It not only after months of study no evidence that ing about. causes distress and physical injury, it there is any delayed mortality from The groups who are opposed to the can also lead to dead dolphins in the animals encircled and harvested in bill have conducted one of the most future, long after the traumatic chases nets. No evidence at all, none, zero, blatant misinformation campaigns I have ended. Now we are being asked to zilch, nada. And so in spite of that, we have ever seen. I think it is unfair to change our laws because of pressure are authorizing $1 million to study this the American people. To do this, they from other countries and then, to add very issue because we remain con- would sacrifice the healthy conserva- insult to injury, compound the mistake cerned about it. But the fact is, there tion of the entire 8 million miles of the by selling dolphin deadly tuna under is no evidence. eastern tropical Pacific ecosystem. the dolphin-safe label. This is simply Mr. Chairman, I yield 2 minutes and Our bill has support by all the di- wrong. 30 seconds to the gentleman from San verse groups. Vice President AL GORE, Mr. Chairman, when someone goes to Diego, CA [Mr. BILBRAY]. I have the letter here, says that this the supermarket, picks up a can of (Mr. BILBRAY asked and was given will strengthen and make safe dolphin tuna and sees the dolphin-safe label, he permission to revise and extend his re- mortality, as well as the President, the or she expects it to mean what it says. marks.) May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3129 Mr. BILBRAY. Mr. Chairman, this jured or even killed, as long as the dead Mr. SAXTON. Mr. Chairman, it is issue invokes a lot of emotion. We all dolphin was not observed. I think that also true, is it not, that because of the feel very strongly about our bond with was brought home by the gentlewoman observers on the boats that will be pur- dolphins and porpoises. As somebody from Oregon in what she said. suant to the new law, that we have a who spends a lot of time in the ocean, The current U.S. embargo on nondol- realistic target of zero dolphins? I, no less than anybody else, feel phin-safe products has been effective in Mr. BILBRAY. That is the goal. Do strongly about it. reducing the number of dolphin deaths. not accept the old law that has basi- But this issue really needs to be Last year there were only 2,374 dolphin cally caused things that we did not looked at in the strong light of science. deaths. Unfortunately, the enactment know, but take it one step further and Two major components that we have of H.R. 408 will allow for a doubling of go to zero. Zero option is the goal here. recognized in the last decade that we last year’s mortality rate to be at 5,000. The fact is it is unfair for somebody to have to do if we are going to be respon- If we look at this chart here, we can take a look at a number that exists sible to the environment is first aban- see basically the difference between today and then try to blame this legis- don the monospecies concept of species the two piles of dolphins that were lation for possible killings that are not management and use multispecies killed in 1996 as opposed to the num- going on today. management; look at the big picture bers that would be authorized by H.R. Mr. MILLER of California. Mr. Chair- from nature’s point of view. The other 408. Obviously, it is a doubling, a sig- man, I yield myself 1 minute. issue is to go from the mononational to nificant difference. Mr. Chairman, the reason we are here the international strategies when we Mr. Chairman, I think that it needs is because we fully understand what is are addressing environmental prob- to be stressed that there are other op- attempting to be done in this legisla- lems. H.R. 408 makes that transition tions. The gentleman from California tion; that is, to go from the current from the old law that basically only [Mr. MILLER] has introduced the Dol- dolphin kill of 2,400 up to 5,000 with the looked at dolphins, only related to the phin-safe Fishing Act, which I have co- intent of zero. I appreciate the intent impacts of the environment based on sponsored. The Miller bill would retain to zero. The 5,000 is not in the law. dolphins, but de facto, unintentionally the current definition of dolphin-safe, That is an agreement. That is a vol- encouraged and actually made basi- ensuring that dolphin-safe cannot ap- untary agreement that we have. cally the only economic opportunity a pear on cans of tuna in which the dol- The other thing that we know is not thing called log fishing, which as many phins were chased, netted, killed, or se- real about this is, again, there is an in- scientists will document, has caused riously injured. tent to reduce bycatch but there is no So we are not talking about some- the deaths of endangered species and requirement that the bycatch be re- thing that is pie in the sky. There is an subspecies that were never meant to be duced. That is why over 80 organiza- option. We do not need this bill. And I hurt by the original law. tions, labor organizations, organiza- have to say that, as in the 104th Con- I do not think we should have to tions concerned about the humane gress, I will not support a bill that does make a choice between Flipper over treatment of animals, environmental not include the dolphin-safe definition here and the Ninja Sea Turtles over organizations have all come out that I voted for under the Dolphin Pro- there. I think everyone recognizes that against this legislation. tection Consumer Information Act. we should look at the big picture from I appreciate you have five environ- This is deception. People expect that, the species management point of view. mental organizations. These are the when they see the dolphin-safe label, The second item is the global ap- same people that went out and nego- that it means that dolphins are not proach. tiated along with this administration being killed or seriously harmed or the Mr. Chairman, we all remember the on NAFTA, told us this would never other things that are going to be al- gross and graphic photos of dolphins happen. And now as a result, we are lowed under this bill. being pulled up in nets and being I would urge Members of this House back here because the Mexicans threat- dragged down. I would ask us all to re- not to buckle to foreign demands and en either to kill more dolphins or to go member, please remember, that graph- not to change our laws without the the World Trade Organization and tell ic photo was not of an American tuna input from those who fought so hard to us to overturn American laws designed boat. It was of a foreign tuna boat. We make sure the consumer safety stand- to protect consumers and to protect can vote no on this proposal and act ards and environmental concerns are dolphins. That is why we are here like we have washed our hands of the enacted. I feel very strongly that what today, because of the arrogance of responsibility, but if we walk away is going on here is a serious deception these people in Mexico who have been from an international agreement to fi- to the American public. When they fishing dolphins unsafe for the last 10 nally make the rest of the world re- take that can of tuna and it says dol- years. sponsible for addressing this problem phin-safe, it should mean that. Mr. SAXTON. Mr. Chairman, may I with us, we will be walking away from Mr. SAXTON. Mr. Chairman, I yield 1 inquire of the Chair as to the time re- an opportunity to save those dolphins minute to the gentleman from San maining on each side? for the future. Diego, CA [Mr. BILBRAY]. The CHAIRMAN. The gentleman It is all fine to play Pontius Pilate (Mr. BILBRAY asked and was given from New Jersey [Mr. SAXTON] has 131⁄2 and wash our hands and say we are so permission to revise and extend his re- minutes remaining, and the gentleman pure because we kept with the old law marks.) from California [Mr. MILLER] has 141⁄2 when we have walked way from this op- Mr. BILBRAY. Mr. Chairman, let me minutes remaining. portunity. I ask Members not to walk just say the 5,000 number is being ban- Mr. SAXTON. Mr. Chairman, I yield 1 away from the opportunity of doing died around as if whatever is on paper minute and 30 seconds to the gen- what is right for science, right for the ends up being reality. The House of tleman from Maryland [Mr. dolphins, right for good environment. Representatives has to recognize it is a GILCHREST], who worked so hard on Mr. MILLER of California. Mr. Chair- real world out there. The 5,000 number this bill. man, I yield 2 minutes to the gen- exists in the law today. The mortality Mr. GILCHREST. Mr. Chairman, I tleman from New Jersey [Mr. rate is half of that. If the industries will take a little more time later to ex- PALLONE]. and the fishermen out there now are plain all of the accusations by the Mr. PALLONE. Mr. Chairman, I rise not killing at the rate of limit, how other side of the aisle, but very quickly in opposition to H.R. 408. can we assume that somehow by keep- now, the reason there are fewer dolphin Mr. Chairman, I believe this legisla- ing the same number it will double the deaths in the eastern tropical Pacific is tion allows for the altering of the dol- kill? It is irrational. It is trying to precisely because of this legislation. phin-safe definition and permits fisher- play to emotions. Let us try to keep it Twelve countries have agreed to use men to chase and net dolphins. Under to science. the regime, the structure to ensure H.R. 408, tuna would be labeled as dol- Mr. SAXTON. Mr. Chairman, will the that dolphins are not killed. phin-safe and permitted to enter the gentleman yield? Prior to this legislation, prior to this United States even if dolphins were Mr. BILBRAY. I yield to the gen- agreement, if Members look at this chased, netted or harmed, seriously in- tleman from New Jersey. photograph, this is the bycatch that we H3130 CONGRESSIONAL RECORD — HOUSE May 21, 1997 were living under before. This agree- only sacrifice our own sovereignty, we Under the current system we can ac- ment, if we sign into it, eliminates the sacrifice our safety. We cannot afford tually have a percentage of dolphin bycatch problems. We were up to this to go backwards. We have come for- that go into a tuna safe label, and the number of dolphin deaths. ward over the years. This takes us American people are saying no, that is If we look on the top of this graph, backwards. wrong. If we want to turn our heads to each of these dolphins represent 5,000 America maintains high standards that, then we should go ahead and say dolphins dead. The Panama agreement, for a reason. Just 2 months ago, nearly we protect the old system. If we want as it is now working, reduces this num- 200 school children in my State of to protect the old system that allows ber down to this number. Because of Michigan contracted hepatitis A virus us to kill billfish and allows us to kill this agreement, a few years ago the from contaminated Mexican straw- turtles, allows us to kill endangered maximum number of acceptable dol- berries. These poison berries had been species and bycatch, then we should go phin deaths by the Panama agreement illegally slipped into our school lunch ahead and do not turn around because was 9,000. There were about 2,500 killed. program. As a result, health officials the current fishing methods they use Who pushed it down to a 5,000 maxi- had to give shots to more than 11,000 damage those systems. mum level? The United States. students in Michigan and California We are trying to improve it. Twelve What is the biological accepted limit who might have been exposed to the other nations came together. That is for the number of dolphin deaths in the virus. pretty respectable. They are trying to eastern tropical Pacific without endan- b 1615 make a change not just because of gering the species? Sixty thousand. Not trade but because they are trying to only have we reduced it from 100,000 to We need to tighten our safety stand- protect the species for future genera- 60,000 to 9,000 to 5,000, this legislation ards, not weaken them. tions. They understand this is how and this international agreement is During the NAFTA debate 4 years they make their livelihood and they going to push it down to lower than ago, treaty proponents promised that want that to continue, not to end. that. the agreement would not be used to If we take a look at General McCaf- Mr. MILLER of California. Mr. Chair- weaken U.S. environmental protec- frey and every organization, including man, I yield myself 15 seconds, to say tions. The gentleman from Pennsylva- the Vice President and the President of that the gentleman has the sequence nia, [Mr. MURTHA], WHO WALKS IN FRONT the United States, they say the gentle- mixed up. It is current law that is driv- OF ME NOW, KNOWS VERY WELL. HE WAS men on the other side are wrong. ing that down. If we pass this law, we THERE ARGUING WITH ME ON THIS VERY Mr. MILLER of California. Mr. Chair- can add a dolphin on the bottom of the POINT. BUT TODAY, UNDER THIS AGREE- man, I yield 1 minute to the gentleman chart for the 5,000. MENT AND UNDER GATT, COMMONSENSE from Florida [Mr. DEUTSCH]. Mr. Chairman, I yield 5 minutes to MEASURES SUCH AS INCREASING INSPEC- Mr. DEUTSCH. Mr. Chairman, we are the gentleman from Michigan [(Mr. TION OF IMPORTED FOOD, REQUIRING LA- here because of GATT and we need to BONIOR]. BELS NOTING COUNTRY OF ORIGIN, AND Mr. BONIOR. Mr. Chairman, I thank acknowledge that. We are really here PROVIDING CONSUMERS WITH THE OTHER my colleague, the gentleman from because of GATT telling the United RELEVANT INFORMATION ARE CONSIDERED States and telling this Congress and California [Mr. MILLER] for yielding me TANTAMOUNT TO RESTRICTING TRADE. telling the American people that we the time. So this is an issue we confront with When consumers buy a can of tuna have to follow a certain procedure in dolphin-safe tuna labeling. Mexico first fish, American consumers, they buy terms of dolphin safety. challenged our labeling law 6 years ago this can labeled dolphin safe. That I want to talk a little bit very quick- and is still demanding we lower our label means something to them. It ly about specifics. This bill, if it passes, means that they are not, through their standards. This bill would do exactly will allow a procedure in terms of purchase, killing dolphins. That is a that, and set a bad precedent in the catching tuna which uses dolphins, lit- guarantee that people care about, be- process. It would send a signal to the erally uses dolphins by helicopter cause after all it was the consumer, it world that America will weaken our sighting, and wraps around the necks was people who put pressure on the consumer protection if we are chal- of the dolphins, which openly is incred- Congress to create the dolphin safe des- lenged by a trading partner. ibly disturbing. The way the bill sets ignation in 1990. The label has worked. This is not a precedent we want nor up the procedure to allow that fishing As tuna fleets have catered to public is it one I will accept. America is the method to exist, with observers on demands for dolphin safe tuna, the leader; we are not a follower. Our envi- tuna boats, is that if they do not kill a number of dolphins killed each year ronmental and consumer standards are dolphin, then it can be labeled safe. has dropped from tens of thousands to the highest in the world. Let us keep And then the next catch, if they kill a just over 2,000. them that way, and I encourage others dolphin, the next catch is not safe. But today we are being asked to pull to meet them. If we know the specifics of this legis- a fast one on the American public. The This bill asks us to condone the lation, it defies logic. It defies logic to bill under consideration would more slaughtering of thousands of dolphins, think that it will work. It just cannot than double the number of dolphin then hide the truth from the American work. It is a bad deal for the American deaths but leave the dolphin safe label public. It will undermine our sov- people, it is a bad deal for GATT, it is untouched. Consumers will not be told ereignty, it will undermine our safety, a bad deal for the dolphins. We can ne- a thing about it. That is wrong. it will perpetuate this crazy trade gotiate a better deal, and I urge its de- It would also set a dangerous prece- scheme we are now involved in around feat. dent in our relationships with our the world. Mr. SAXTON. Mr. Chairman, I yield 1 neighbor to the south, Mexico, and I urge my colleagues to vote ‘‘no’’ on minute to the gentleman from the other trading partners who claim that this bill, and I commend my colleague State of Florida [Mr. DEUTSCH] and if America’s high standards for environ- from California for his leadership in he would yield to me for a question, I mental and consumer protection re- opposition to it. would ask him this. strain trade. Mr. SAXTON. Mr. Chairman, I yield 1 We have a domestic law currently At its core this bill is not designed to minute to the gentleman from Califor- which regulates U.S. fishermen. There help the American tuna fleet, which is nia [Mr. CUNNINGHAM]. are 11 other countries in this fishery. relatively small. It is designed to head Mr. CUNNINGHAM. Mr. Chairman, What would the gentleman suggest off a contentious encounter with Mex- the last speaker, and the gentleman that we do to domestic law to protect ico whose fishing fleet would rather managing the bill, this was so very im- dolphins in the international fishery? not concern itself with dolphin safety portant to them that under the rule, We have tried to put in place this when hauling in tuna. And as bad as while they had another half-hour, they international agreement. What would this is for dolphins, it sets a precedent spent the whole time on another issue. the gentleman suggest if he is opposed for Americans that is even worse. So this must not be that important an to our effort? If we let Mexico and other trading issue for them to support, but it is to Mr. DEUTSCH. Mr. Chairman, I am partners dictate our standards, we not the American people. really talking about the practical May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3131 level. And hopefully my colleague and Mr. SAXTON. Mr. Chairman, is it not of our trading partners that somehow I, both of us are well-intentioned with this Member’s right to close the de- we change the label because they view our desires. bate? this as a trade barrier to free trade. But I think on a practical level the The CHAIRMAN. The gentleman is Rather than them change the manner Mexicans, and that is what we are real- correct. in which they fish, rather than their ly talking about, the Mexican fisher- Mr. SAXTON. And may I ask for the engaging in fishing as our fleet does, as men who want to enter the United time remaining on each side? a good portion of the Mexican fleet States market, which they have not The CHAIRMAN. The gentleman does, they have chosen to go ahead and been able to do because of the market- from New Jersey [Mr. SAXTON] has 93⁄4 to decide to fish in a manner which is ing aspect of dolphin safe tuna, this minutes remaining, and the gentleman dolphin unsafe. really changed it. from California [Mr. MILLER] has 83⁄4 Less than a decade ago, millions of Mr. MILLER of California. Mr. Chair- minutes remaining. American consumers, led by the man, will the gentleman yield? Mr. SAXTON. Mr. Chairman, I yield 1 schoolchildren of this Nation, de- Mr. DEUTSCH. I yield to the gen- minute to the gentleman from Mary- manded the creation of the dolphin tleman from California. land, [Mr. GILCHREST]. protection law because of the needless Mr. MILLER of California. Mr. Chair- Mr. GILCHREST. Mr. Chairman, I slaughter of hundreds of thousands of man, the gentleman makes an impor- thank the gentleman for yielding me marine mammals by tuna fishermen. tant point. The fact is that the avail- this time, and I want to respond to the The U.S. tuna industry responded by ability is there, as we have suggested, gentleman from New Jersey about his announcing they would only sell dol- to renegotiate this. Half of the Mexican statement where the United States is phin-safe tuna. fleet, in fact, fishes dolphin-safe. The giving up its sovereignty. The Congress, after lengthy delibera- other half has chosen not to do that. A couple of quick points. When the tions that included all the stockhold- And what they would prefer, rather gentleman from California [Mr. ers, passed a law establishing dolphin- than fish dolphin-safe, is to drive down CUNNINGHAM] and myself began to work safe labeling standards. Those efforts the laws of the United States. on this particular issue, to us, to the Mr. SAXTON. Mr. Chairman, I yield have had a dramatic success. That is gentleman from California and myself, myself 10 seconds to say that the gen- the current law. Dolphin deaths last this had nothing to do with GATT, it tleman from California just proved my year were less than 2,400 dolphins com- had absolutely nothing to do with point. He said that half of the inter- pared to more than 100,000 a few years NAFTA, it had nothing to do with the national community is not complying. ago. World Trade Organization, it had noth- Those were his words. And this agree- The dolphin protection law has ing to do with sovereignty of anybody. ment brings them voluntarily into worked, but because the bill before us We knew we were going to retain our compliance. today would renounce the very pro- Mr. MILLER of California. I yield 2 sovereignty. gram that has achieved the goals we minutes to the gentleman from Ohio We came up with this regimen, with sought when the dolphin protection this idea, with this structure with [Mr. KUCINICH]. law was enacted, I do not think we (Mr. KUCINICH asked and was given many other groups, including our U.S. should go along with those calls for re- permission to revise and extend his re- State Department and including peal. marks.) Greenpeace, an environmental organi- Why on Earth would we so grievously Mr. KUCINICH. Mr. Chairman, why zation that opposes GATT. weaken the very law that has worked are we giving away our national sov- This is not about GATT or NAFTA, so well? Not on behalf of American con- ereignty in the name of global trade? this is about protecting dolphins in the sumers, not on behalf of dolphin pro- H.R. 408 is a giveaway of our national eastern tropical Pacific Ocean. This is tection, no, it is on behalf of Mexico, right to self-determination. What it about protecting the marine ecosystem Venezuela, Colombia, and other na- does is, it repeals the U.S. ban on tuna in the eastern tropical Pacific with an tions that are trying a little bit of en- caught by methods that kill dolphins international agreement. This has vironmental blackmail. They have said and depletes the meaning of the dol- nothing to do with the U.S. giving up that if we do not weaken our laws, if phin-safe label which American con- our sovereignty. We, in fact, are impos- we do not allow dolphin unsafe tuna sumers want and count on. ing this structure on 11 other coun- into this country, they will go out and The reason we are here today to con- tries. slaughter more dolphins. sider repealing an important United So this is about the United States re- That is the blackmail. If we do not States law, is because an international taining our sovereignty and entering change our laws that American con- panel of trade bureaucrats determined, into an international agreement to sumers demand, they reserve the right in a case brought against the United protect the marine ecosystem in the to go out and fish in a manner that States by Mexican fishing and govern- Pacific Ocean. would cause the slaughter of thousands mental interests, that the American Mr. MILLER of California. Mr. Chair- and thousands, tens of thousands of dolphin-safe standard was a barrier to man, I yield myself such time as I may dolphins. What they will find out is trade. Get that, a barrier to trade. And consume. that product is not welcome here and it a barrier to America’s high trade Mr. Chairman, I differ with my col- is not welcome anywhere. We cannot standards. leagues on the other side. I think, in become a party to that deception. I believe that the American people do fact, we are here because of the inter- There are some very serious problems not want to erase significant achieve- national trade agreements. I believe we with this legislation, and the most im- ments in consumer workplace and envi- are here because there are those who portant is that it would do exactly ronmental protection. America’s high insist that somehow that American en- what the proponents of the trade agree- standards should not be for sale nor vironmental labor standards will be de- ments pledged it would not do, driving should they be for trade. stroyed on the altar of what is called down these environmental standards Vote ‘‘no’’ on H.R. 408 and let us pre- free trade. through pressures from countries who serve our sovereignty. Protect our This is a bad bill. It is bad environ- do not want to meet those standards. democratic institutions and carry out mental policy, it is bad trade policy, Let us be clear. The driving force is our constitutional duties to represent and it is bad foreign policy. It does pre- Mexico, that does not want to meet the wishes and the best interests of our cisely what we were told NAFTA and these standards for dolphin-safe label- constituents rather than international GATT would not do: It demands that ing. The fact is that H.R. 408 allows the trade bureaucrats. U.S. sovereignty play second stage to dolphin deaths to double. On its way to PARLIAMENTARY INQUIRY the demands of our trading partners. zero it insists it has to go to 5,000. Mr. SAXTON. Mr. Chairman, may I I appreciate why the gentleman is in- The fact is it is a little bit like the make a parliamentary inquiry at this volved, and he is involved in good faith balanced budget amendment last night. point? in this legislation, but we are here On our way to a balanced budget in the The CHAIRMAN. The gentleman will today because of those international year 2002, we have to increase the defi- state his parliamentary inquiry. agreements, because of those demands cit in 1998 and 1999. I do not get it, the H3132 CONGRESSIONAL RECORD — HOUSE May 21, 1997

American people do not get it, but that nia [Mr. MILLER] that there is a threat So what happens? Do we ignore that? is why 80 labor, environmental, animal hanging over these dolphins. The I think we, as human beings, are intel- rights organizations from all across the threat is, if we do not pass H.R. 408, if ligent enough to do two things: Provide country and all across the world have we do not drop our standards for dol- jobs for people that need to extract joined to oppose this legislation, and phins, that the Mexicans are going to natural resources and, also, protect we ought to stand with those individ- go out, their fisherman are going to go those natural resources. And that is ex- uals. out and even deplete more of the dol- actly what this legislation does. We understand that it is not just phin stock in the eastern Pacific. This A number of people on the other side about dolphins being killed, it is about, is a shame, and we should not put up of the aisle mentioned numerous times as allowed under this legislation, the with it. We should vote against H.R. that dolphin deaths have been reduced continued harassment, the encircling 408. down to about 2,500. The reason for and the injuring of those dolphins. If Mr. MILLER of California. Mr. Chair- that is the agreement reached by these they can kick a live dolphin overboard, man, I yield myself such time as I may 12 countries, which the United States if they can throw them out of the net, consume. needs to now become a partnership then somehow it is all dolphin-safe. Mr. Chairman, I would urge my col- with, these other 11 countries, coun- b 1630 leagues to vote against this legislation. tries like Belize, Columbia, Costa Rica, I think this is a bad bill. It is bad for Equador, France, Honduras, Mexico, Yet, we do not know that to be true. the environment. It is bad for the dol- Panama, and Spain. That is why they have a study. We phins. It is bad for American trade pol- How do we treat these other coun- would suggest maybe they would want icy. And I urge the House to vote ‘‘no’’. tries in the international community? to do the study and find out in fact Mr. Chairman, I yield back the bal- Do we insult them or do we treat them whether it is true or not before they ance of my time. with dignity and respect? Can we solve decide to change the label and allow Mr. SAXTON. Mr. Chairman, I yield all the world’s environmental problems people to fish in the dolphin unsafe myself 1 minute. alone, just the United States, or do we fashion. Mr. Chairman, I would like to com- need to have some sense of responsibil- Mr. Chairman, I yield 2 minutes to ment on one statement that my friend, ity on this globe to have an agreement the gentleman from Pennsylvania [Mr. the gentleman from California [Mr. with our neighbors? We cannot solve KLINK]. MILLER] just made. He said, I believe the environmental problems for this Mr. KLINK. Mr. Chairman, I thank he used these exact words, this bill will world in the United States alone. We the gentleman from California [Mr. drive down environmental standards. need international agreements. MILLER], who was on a pretty good roll. Greenpeace does not think so. That is This international agreement does I think he was making some very good why they endorsed it. The World Wild- the two things that we need to have points, and I appreciate him taking the life Fund, the Center for Marine Con- done. It provides jobs for people. It time to yield to me. servation, the National Wildlife Fed- raises their standard of living. And it The bottom line for me, Mr. Chair- eration, and the Environmental De- also protects the environment. This man, is that the Americans, as the gen- fense Fund do not think it will drive protects the marine ecosystem by look- tleman from California [Mr. MILLER] down environmental standards either. ing at it as a complete system. said, made a decision and, in fact, they They think it will help to save endan- Now, my colleagues have mentioned said we are not going to buy tuna, we gered species like the sea turtle be- a number of times that the dolphin are going to boycott this product until cause of our change in fishing methods deaths have been reduced dramatically; we are sure that these dolphins are not mandated under the new bill. and, yes, that is correct, because of the being killed. At least it is held at a Mr. Chairman, I yield the remainder Panama agreement. This was under the minimum. So the Americans decided of our time to the gentleman from Marine Mammal Protection Act when and this Congress decided that we were Maryland [Mr. GILCHREST]. just the United States adhered to it. going to enact a law. We took a course The CHAIRMAN. The gentleman If you look at the chart over here, of action. from Maryland [Mr. GILCHREST] is rec- each one of these dolphins represents Mexico did not like that course of ac- ognized for 73⁄4 minutes. 5,000 deaths. This is under our environ- tion. But you know what? They do not Mr. GILCHREST. Mr. Chairman, I mental regulations, the Marine Mam- control the in thank the gentleman for yielding. I mal Protection Act. But we could not Mexico. We control the United States also want to reemphasize the participa- do it alone. This is what it looks like Congress. At least, I thought we did, tion of the gentleman from California, now with this agreement, with 12 coun- until we finally came up with some- DUKE CUNNINGHAM, in this legislation. tries involved in understanding, yes, thing that was passed back in 1994 by a His efforts started back in 1992. these 12 countries are going a long way lame-duck Congress called GATT. And It has been mentioned on the floor into understanding the mechanics of this has really left us with the situa- here a number of times that the United natural processes. We have to do that. tion right now where, in order to try to States only has a small fishing fleet re- The next frontier on this planet is comply with the terms of the new lated to tuna fish. The reason for that not space. The next frontier is under- GATT, we have some people in this is that our fishing fleet virtually be- standing how we live on this planet country, in Washington, DC, that are came extinct because of the embargo with a bulging population, we cannot saying, let us lower our standards in that we have placed on importing tuna do anything about that, with all our regard to the safety of dolphins, let us using encirclement of dolphins. neighbors bulging even more than this not be as concerned as we are with the Now while we want to protect the country, trying to understand how we dolphins. dolphins, and this legislation will in can fit in with the limited resources. But at least two stocks of dolphins, fact protect the dolphins, DUKE With more people catching fewer fish, the eastern spinner dolphin and the CUNNINGHAM and a number of other we need to produce more fish; and this northern offshore spotted dolphin, now people along the southern coast of is the agreement that will do that. are less than 25 percent of their origi- southern California also wanted to pro- I would like to just go over some of nal populations. Although the support- tect the livelihood of individuals that the charges from the other side. Our ers of H.R. 408 claim these stocks fished throughout the Pacific Ocean, State Department, our State Depart- should be recovering and this legisla- especially the eastern tropical Pacific ment, our U.S. State Department nego- tion would allow them to recover, the Ocean, to pay their mortgages and tiated this deal, not some foreign coun- reality is they are not recovering in raise their children and have a quality try. Our State Department negotiated spite of years of lowered mortality. of life and standard of living that all of this deal with mutual respect for the And we believe that the reason for us would want to achieve. And because countries involved. this, the complete lack of recovery, is of the mismanagement of the legisla- The gentleman from Hawaii [Mr. that the stocks are severely affected by tion and because of the lack of ability ABERCROMBIA] said that we knuckled constantly being chased and netted. I to come to an international agreement, under to the State Department because agree with the gentleman from Califor- most of those people lost their jobs. we would not negotiate a change of May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3133 words in the agreement. Well, the two the specific trade concerns raised by Mexico buy. The dolphin label works and consumers words that Mr. ABERCROMBIA is talking and other countries which are subject to tuna have overwhelmingly supported dolphin-safe about is ‘‘shall,’’ and Mr. ABERCROMBIA embargo because of their fishing practices tuna at the market. H.R. 408 is an attempt by wanted the word ‘‘shall’’; the agree- which result in the death of dolphins, without foreign interests to compete unfairly with ment says the word ‘‘should.’’ We denying or lying to the American consumer. American higher standards. looked into that, and it is unconstitu- If we pass H.R. 408, dolphin-safe will mere- Mr. Chairman, I urge our colleagues to vote tional for the U.S. Constitution to tell ly mean ``no dolphin killed,'' even though dol- against H.R. 408 which would enable us to the State Department ‘‘you shall do phins can be chased, encircled, injured, pulled keep the promise made to the American peo- this.’’ It is just a matter of semantics. onto a boat and dumped back in the ocean ple. Trade agreements should not result in the Now the label dispute. If you pick up under this bill. This would be considered safe, weakening of U.S. environmental laws. I urge a can of tuna fish, I do not happen to as long as the dolphin is not seen dying on a ``no'' vote on the bill. have one right here, but if you pick up the boat or in the net. Mother dolphins can be Mr. STARK. Mr. Chairman, when Congress a can of tuna fish, it has a little dol- separated from their feeding young, chased considered NAFTA, members of this commit- phin on it. That dolphin means that dolphins can be exhausted and fatigued to the tee received the unqualified assurance form that can of tuna fish is dolphin safe. point of death by cruel practices, but it will be Ambassador Kantor that U.S. environmental But, in all practicality, nobody in the called dolphin-safe under this bill. laws and standards would not be lowered if eastern tropical Pacific, the western I urge my colleagues to reject this bill. Let's Congress approved the agreement. tropical Pacific, or anywhere in the Pa- keep truth in labeling. Don't lie to the Amer- WellÐhere we areÐabout to do just that as cific Ocean knows whether or not any ican consumer. we consider the Gilcrest bill and its changes to of those tuna fish were caught without Ms. PELOSI. Mr. Chairman, I rise in opposi- the dolphin-safe label. killing dolphins. There are no observ- tion to this legislation. H.R. 408 is a deeply A brief explanation of the fishing techniques ers. There are no observers anywhere. flawed bill that threatens marine mammal pop- of the MexicansÐour trading partner pushing So we just simply do not know. ulations to the benefit of foreign trading part- for the change in lawÐmight help the Mem- The present regime of dolphin safe is ners. This bill is bad for trade, bad for the en- bers understand what is at stake here. specific to a gear or a fishing tech- vironment, and bad for consumers. Schools of large yellow fin tuna swim beneath nique. It has nothing to do with wheth- In 1990, environmental, animal and schools of dolphins in the eastern tropical Pa- er or not dolphins were killed. What we consumer activists won a victory with the ad- cific Ocean. The dolphin schoolsÐoften 400± tried to do in our bill, or what we do in vent of the dolphin-safe label for commercially 500 animalsÐare chased at high speeds by our bill, is to ensure that every single sold tuna. From that time, no product could be helicopter and speed boats for periods of 30 boat that sells tuna fish in the United labeled dolphin-safe if the tuna were caught minutes to several hours. When the dolphins States, whether they are from Panama, by chasing, harassing, or netting dolphins. The become too exhausted to swim, encircling or France, or Belize, or Mexico, or any- dolphin-safe label has worked to preserve dol- nets are dropped around the dolphins and the where, every single boat must have a phin populations. After Congress adopted its tuna. licensed biological observer on board. ban of imported tuna caught using enclosure Many dolphins become trapped in the nets And if he or she observes a dolphin nets in 1992, the dolphin mortality rate and drown. Others die from injury of extreme being killed, they cannot label that dropped from 100,000 per year to 2,754 last exhaustion. dolphin safe. year. After an outcry from Americans, many of The gentlewoman from Oregon [Ms. The bill before us would change the mean- them school children, U.S. tuna companies FURSE] talked about the stress of dol- ing of dolphin-safe to allow activities that announced in 1990 that they would not buy phins. I want to show my colleagues would include highspeed chases with boats tuna caught while harming dolphins. The U.S. the stress of bycatch without this leg- and helicopters, the separation of mothers tuna fleets moved to the waters of the western islation. If you look, you will see from their calves, the withholding of food from Pacific nations where the tuna do not swim sharks, you will see sea turtles, you trapped schools and the deliberate injury of with the dolphins. The Dolphin Protection will see juvenile tuna fish, you will see dolphins to prevent the school from escape. Consumer Information Act, 1990, codified that a whole range of marine mammals. In fact, almost any fishing activity would be tuna harvested with large-scale nets is not dol- This is not stress, this is death. termed dolphin-safe provided that no dolphins phin-safe. Now about the stress of dolphins were observed to die during the catch. Prior to H.R. 408 lowers our labeling standards and being encircled. The National Science the dolphin-safe label, dolphin populations had misleads the American people. It would allow Foundation in 1992 found absolutely no been depleted by as much as 80 percent. The tuna to be labeled dolphin-safe even though it evidence that dolphins were stressed dolphin-safe label stopped this trend and was caught with encirclement techniques that when they were encircled and then proved to be one of the most successful we know killed and injured hundreds of thou- pushed out of the back of the net. Cali- consumer initiatives in U.S. history. Americans sands of dolphins before environmental laws fornia at Berkeley biologists found no care about what is left of our natural environ- and industry practices changed fishing tech- evidence of stress in the dolphins. And ment and the threatened creatures who inhabit niques. yet we have put into this bill $1 million it. H.R. 408 would allow tuna to be certified to further study this issue. And if we Dolphin-safe must mean that dolphins are ``dolphin-safe'' merely if an observer didn't see find out that there is any stress at all, safe and not unnecessarily injured or killed in any dolphins die. However, nothing in this bill then we are going to change the re- the hunt for tuna. H.R. 408 allows an increase would preclude severely injured dolphins to be gime. in dolphin deaths and unlimited injury and har- dumped back into the sea to die. The issue of sovereignty has come up assment of dolphins. That is by no means dol- H.R. 408 would condone 5,000 dolphins a number of times. This is not about phin-safe. deaths in 1997 in exchange for a promise of sovereignty. This is about the United Proponents of H.R. 408 would have foreign reduced dolphin mortality in future years. If States imposing this regime on 12 trading partners define our domestic markets this bill were a serious attempt to reduce dol- other countries. I encourage the House without congressional oversight and without phin mortality in tuna fishing, it would have to vote for H.R. 408. public scrutiny. H.R. 408 is designed to solve started with current mortality levels of 2,574 in Ms. ESHOO. Mr. Chairman, I rise today in a trade problem defined by foreign fisheriesÐ 1996. opposition to H.R. 408, the International Dol- not an environmental problem defined by the American consumersÐAmerican childrenÐ phin Conservation Program Act. This bill is American public. If enacted, this law would es- deserve a dolphin-safe label that they can flawed on several counts. I have two primary tablish a precedent for other labeling laws de- take at face valueÐone that means what it concerns. First, the bill doubles the amount of signed to protect and inform American con- says. We have a labeling system that consum- dolphins allowed to be killed every year. Sec- sumers. ers trust. Altering the meaning of the label is ond, it makes a mockery of the dolphin-safe Americans rely on labeling information. We nothing short of consumer fraud. label used on all tuna sold in the United cannot allow foreign interests to determine our Mr. Speaker, I strongly object to our envi- States. domestic priorities and relax our higher envi- ronmental laws being dictated by the Mexican As a supporter of free trade, including ronmental standards. If foreign corporations fishing industry and I rise in opposition to H.R. NAFTA, I do not believe that trade should be are successful in relaxing our labeling laws, 408. a reason for the United States to change its American consumers will not have information Mr. BILBRAY. Mr. Speaker, I rise in strong definition of ``dolphin-safe.'' We can address about the safety or origin of the products they support of H.R. 408, which will lock in strong, H3134 CONGRESSIONAL RECORD — HOUSE May 21, 1997 enforceable international dolphin protection ancing strong dolphin protection measures Commission members include Costa Rica, measures, and prevent the loss of other sen- with progressive tuna fishing methods, and ex- France, Nicaragua, Panama, the United sitive or endangered species to ``bycatch'', pand those protections to include other spe- States, the Pacific island-nation of Vanuatu and Venezuela. such as sharks, sea turtles, and juvenile cies which are now being negatively impacted Frank Powell, executive director of Hubbs- tunas. by the old strategy. We need to be brave Sea World Research Institute and last year’s In doing this, I don't intend to talk about sin- enough to take this step. We who claim to award winner, praised Joseph in a prepared ister foreign policy conspiracies, environmental truly care about the environment have not only statement as ‘‘A first-class biologist who has sovereignty violations, black helicopters, and the right, but the responsibility, to do the right devoted his entire career to the ocean. He the like, but rather about marine species man- thing to improve and strengthen our environ- has been instrumental in reducing the num- agement. I strongly believe that the battle for mental laws when science indicates there is a ber of dolphin fatalities related to tuna fish- sound species management is never over; it is need to do so. ing.’’ not accurate or practical to say ``well, we took The award—a wood sculpture of a garibaldi To my colleagues today, I say thisÐif we fish that remains in Scripps Bank’s La Jolla care of that problem in the 1970's or the want to truly save dolphins for our children office—will be presented tonight at the San 1980's, so we don't need to revisit it to make and theirs, and to take a comprehensive ap- Diego Oceans Foundation benefit dinner. sure it is working the way we intended it to.'' proach to protecting sensitive ocean species, The foundation is a volunteer organization We are trying to embrace the idea of mov- then we need to move this bill forward. The committed to preserving San Diego’s bays ing beyond single-species management to President will sign it into law, and sound and ocean waters. The Roger Revelle Perpet- multispecies management, and looking at the science and bipartisanship will have triumphed ual Award is named for the late scientist big picture, the interrelationship of all species who was a founder of UCSD and director of over emotion to do the right thing for our envi- the Scripps Institution of Oceanography. among themselves and the environment. As ronment. Let's take this step to make that hap- part of this, we need to pursue expansion of Lowering the dolphin kill also was a prel- pen. Support H.R. 408. ude to the introduction of proposed federal our domestic species management strategies [From the San Diego Union Tribune, June 7, legislation to allow tuna caught by setting into an international approach; to take the 1996] nets around dolphin schools to be sold in the good science that we try to apply to our na- SCIENTIST HAILED FOR SAVING DOLPHINS United States as ‘‘dolphin-safe’’—but only if tional environmental plans and use it to ad- the commission’s onboard observers certify (By Steve La Rue) dress broader concerns. that no dolphins were killed. Some today would prefer to believe that dol- Dolphin deaths in tuna fishing nets have Under current law, no tuna can be sold as phins and only dolphins are the issue at hand. declined by about 98 percent since 1986 in the ‘‘dolphin-safe’’ in this country if they are Eastern Pacific Ocean, and a San Diego ma- caught by setting nets around dolphin But we have to recognize that the time has rine scientist will get a large share of the come for more global, long-term policies to as- schools. credit tonight when he receives San Diego The issue also has split environmental sure that we address the question of dolphin Oceans Foundation’s highest award. groups, Greenpeace, the Center for Marine protection in the big picture. The annual Roger Revelle Perpetual Award Conservation, the Environmental Defense I think that the Panama Declaration is one will be presented to James Joseph, director Fund, and the National Wildlife Federation of those products which recognizes that of the La Jolla-based Inter-American Tropi- support the proposed law. The Earth Island to be effective, we have to look at the whole cal Tuna Commission since 1969. Institute, the Sierra Club, the Humane Soci- environment, and not simply have tunnel vi- With Joseph at the helm, the eight-nation ety of the United States and the American sion, or a ``species of the month'' mentality. commission has mounted a sustained effort Society for the Prevention of Cruelty to Ani- to reduce drowning deaths of dolphins in mals oppose it. We have to be able to expand our perspec- tuna fishing nets. Its success could help tives, and move to a broader, more inclusive Because of the current law and other fac- unlock a decades-old environmental dispute tors, the U.S. tuna fishing fleet, which once management approach. This means going be- and end a U.S. embargo on tuna caught by numbered 100 vessels and was prominent in yond simple defense of the status quo. boats from Mexico and other countries that San Diego, has shrunk to 40 vessels operat- The status quo is not something that you or look for the popular fish under dolphin ing in the Western Pacific and 10 in the East- I want to carry into the next century, and say schools. ern Pacific. ``this is the best America and the word could Large tuna often swim under schools of The Earth Island Institute said in a state- do for the ocean and all its wildlife.'' We have dolphin in the Eastern Pacific Ocean for rea- ment that the legislation would allow, ‘‘For- taken a world leadership role in environmental sons that are not entirely understood. Fish- eign tuna attained by the blood of dolphins strategies up to this point. There are those ing boats historically have encircled these to be sold on U.S. supermarket shelves’’ and -swimming schools with their nets, who would say that isolationism, in either allow ‘‘chasing, harassing, injuring, and en- cinched the nets shut at the bottom, then circling dolphins as long as no dolphins were trade, or foreign policy, or even environmental reeled in their catch. ‘observed’ to be killed outright.’’ issues is the way we should proceed. Air-breathing dolphins drowned in vast I strongly disagree with this philosophy, and numbers, because they were snared in the Ms. JACKSON-LEE of Texas. Mr. Chair- believe that we have to maintain our role as nets and dragged under water. As estimated man, I rise in opposition to H.R. 408, a bill to the world leader in establishing sound con- 133,174 dolphins died this way in 1986, but the amend the Marine Mammal Protection Act of servation strategies. This is essential if we are total fell to an estimated 3,274 last year, ac- 1972. to avoid letting problems go unnoticed until cording to the commission. It is unfortunate that after over 20 years the they reach crisis proportions, such as a sea The decline has come through a variety of progress made by the United States tuna in- measures, including placement of observers turtle population or fish species beginning to dustry regarding technology and methods of on every tuna boat in the Eastern Pacific, how to best harvest tuna with the goal of sav- ``crash'' from the law of unintended con- newer equipment for some boats, better sequences. training of tuna crews and captains, special ing dolphins is at risk. It is in the nature of dol- This issue of ``bycatch'' is one that has to be attention to individual boats with high-dol- phins to swim along with schools of tuna and addressed, and will be addressed in the con- phin kills and other measures. if the nets are not designed to prevent dolphin text of H.R. 408. I doubt that any of us mean Joseph said the dolphin mortality level is capture and subsequent drowning, then many to say ``the only priority of this Congress is now so low that it cannot affect the survival more dolphins will die. The provisions of the dolphins and only dolphins, and we don't want of any of the dolphin species. Marine Mammal Protection Act of 1972 which to be bothered with the accidental destruction ‘‘The dolphins increase at a rate of from 2.5 protect these dolphins is now on the endan- to 3.5 percent per year. The mortality for gered legislation list by the consideration of of other species other than dolphins''. every (dolphin) stock as a percentage of The agreement which is embodied in H.R. every stock is less than one-tenth of 1 per- H.R. 408. 408 locks in our existing successes in in- cent.’’ he said. I would like to remind my colleagues that it creased dolphin protection, and reduced mor- In other words, a great deal more young is not good public policy to go along to get tality rates. More importantly, it expands the dolphins are born and survive each year than along, especially in the form of this Inter- sophistication of our conservation strategy to die in tuna nets. There are about 9.5 million national Dolphin Conservation Program which take into account the impacts on endangered dolphins in Eastern Pacific populations in would cost more than just the lives of thou- sea turtles, or billfish, and especially immature all, and none of their several species—includ- sands of dolphins. This legislation would re- and nonmarketable young tuna. We shouldn't ing common, spinner and spotted dolphins— nege on an agreement with the American tuna is endangered. focus on one species only, at the expense of ‘‘We continue to take the approach that we consumer by allowing the dolphin-safe label to others, yet this is what is happening under ex- can bring it lower, and we continue to work be reduced to a ridiculous meaningless state. isting fishing practices. in that direction. It is essential that we keep Charlie Tuna's proud announcement that H.R. 408 does the right thingÐit will con- all of the countries involved in this fishery Starkist tuna would carry the safe-for-dolphins tinue our amazing record of success in bal- cooperating in our program,’’ Joseph said. label heralded the end to consumer boycotts May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3135 and regarding the plight of dolphins (b) FINDINGS.—The Congress finds the fol- SEC. 4. AMENDMENTS TO TITLE I. as a result of industrial tuna fishing. lowing: (a) AUTHORIZATION FOR INCIDENTAL TAK- Our children have grown up learning to love (1) The nations that fish for tuna in the ING.—Section 101(a)(2) (16 U.S.C. 1371(a)(2)) is eastern tropical Pacific Ocean have achieved amended as follows: dolphins from the popular television shows (1) By inserting after the first sentence and aquatic attractions around the Nation significant reductions in dolphin mortalities associated with the purse seine fishery from ‘‘Such authorizations may also be granted which feature dolphin exhibitions. Their out- hundreds of thousands annually to fewer under title III with respect to the yellowfin standing abilities to learn and remember com- than 5,000 annually. tuna fishery of the eastern tropical Pacific plicated tasks have been compared to human (2) The provisions of the Marine Mammal Ocean, subject to regulations prescribed beings. The remarkable thing about dolphins Protection Act of 1972 that impose a ban on under that title by the Secretary without re- is that they harbor no harm toward human imports from nations that fish for tuna in gard to section 103.’’. the eastern tropical Pacific Ocean have (2) By striking the semicolon in the second beings and have been an aid to us as we at- sentence and all that follows through ‘‘prac- tempt to better understand the oceans which served as an incentive to reduce dolphin mortalities. ticable’’. comprise three-fifths of the Earth's surface. (b) DOCUMENTARY EVIDENCE.—Section (3) Tuna canners and processors of the Today, this Congress should not leave the 101(a) (16 U.S.C. 1371(a)) is amended by strik- United States have led the canning and proc- dolphins' fate to the four winds. The American ing so much of paragraph (2) as follows sub- essing industry in promoting a dolphin-safe paragraph (A) and as precedes subparagraph consumer demonstrated their commitment to tuna market. the preservation of the dolphins during the (C) and inserting: (4) 12 signatory nations to the Declaration ‘‘(B) in the case of yellowfin tuna har- 1970's with boycotts of tuna sales and public of Panama, including the United States, vested with purse seine nets in the eastern demonstrations indicating a willingness to pay agreed under that Declaration to require tropical Pacific Ocean, and products there- more per can for tuna if that is what it would that the total annual dolphin mortality in from, to be exported to the United States, take to save them. The American consumer the purse seine fishery for yellowfin tuna in shall require that the government of the ex- insisted on knowing which companies were the eastern tropical Pacific Ocean not exceed porting nation provide documentary evi- and were not complying with better methods 5,000, with a commitment and objective to dence that— progressively reduce dolphin mortality to a ‘‘(i) the tuna or products therefrom were of harvesting tuna by the display of the tuna level approaching zero through the setting of safe symbol. not banned from importation under this annual limits. paragraph before the effective date of the I ask that my colleagues vote against this SEC. 3. DEFINITIONS. International Dolphin Conservation Program measure and work to move other countries to Act; our environmental high ground. Section 3 (16 U.S.C. 1362) is amended by ‘‘(ii) the tuna or products therefrom were The CHAIRMAN. All time has ex- adding at the end the following new para- harvested after the effective date of the pired. graphs: International Dolphin Conservation Program Pursuant to the rule, the amendment ‘‘(28) The term ‘International Dolphin Con- Act by vessels of a nation which participates in the nature of a substitute printed in servation Program’ means the international in the International Dolphin Conservation the CONGRESSIONAL RECORD and num- program established by the agreement signed Program, such harvesting nation is either a bered 1 pursuant to clause 6 of rule in La Jolla, California, in June 1992, as for- member of the Inter-American Tropical Tuna Commission or has initiated (and with- XXIII is considered as an original bill malized, modified, and enhanced in accord- ance with the Declaration of Panama, that in 6 months thereafter completed) all steps for the purpose of amendment and is requires— (in accordance with article V, paragraph 3 of considered read. ‘‘(A) that the total annual dolphin mortal- the Convention establishing the Inter-Amer- The text of the amendment in the na- ity in the purse seine fishery for yellowfin ican Tropical Tuna Commission) necessary ture of a substitute is as follows: tuna in the eastern tropical Pacific Ocean to become a member of that organization; ‘‘(iii) such nation is meeting the obliga- H.R. 408 not exceed 5,000, with the commitment and objective to progressively reduce dolphin tions of the International Dolphin Conserva- OFFERED BY: MR. YOUNG OF ALASKA mortality to levels approaching zero through tion Program and the obligations of member- (Amendment in the Nature of a Substitute) the setting of annual limits; ship in the Inter-American Tropical Tuna AMENDMENT NO. 1: Strike all after the en- ‘‘(B) the establishment of a per-stock per- Commission, including all financial obliga- acting clause and insert in lieu thereof the year mortality limit for dolphins, for each tions; following: year through the year 2000, of between 0.2 ‘‘(iv) the total dolphin mortality permitted SECTION 1. SHORT TITLE; REFERENCES. percent and 0.1 percent of the minimum pop- under the International Dolphin Conserva- tion Program will not exceed 5,000 in 1997, or (a) SHORT TITLE.—This Act may be cited as ulation estimate; in any year thereafter, consistent with the the ‘‘International Dolphin Conservation ‘‘(C) beginning with the year 2001, that the commitment and objective of progressively Program Act’’. per-stock per-year mortality of dolphin not reducing dolphin mortality to levels ap- (b) REFERENCES TO MARINE MAMMAL PRO- exceed 0.1 percent of the minimum popu- proaching zero through the setting of annual TECTION ACT.—Except as otherwise expressly lation estimate; provided, whenever in this Act an amend- ‘‘(D) that if the mortality limit set forth in limits and the goal of eliminating dolphin ment or repeal is expressed in terms of an subparagraph (A) is exceeded, all sets on dol- mortality; and amendment to, or repeal of, a section or phins shall cease for the fishing year con- ‘‘(v) the tuna or products therefrom were other provision, the reference shall be con- cerned; harvested after the effective date of the sidered to be made to a section or other pro- ‘‘(E) that if the mortality limit set forth in International Dolphin Conservation Program vision of the Marine Mammal Protection Act subparagraph (B) or (C) is exceeded sets on Act by vessels of a nation which participates of 1972 (16 U.S.C. 1361 et seq.). such stock and any mixed schools containing in the International Dolphin Conservation members of such stock shall cease for that Program, and such harvesting nation has not SEC. 2. PURPOSE AND FINDINGS. vetoed the participation by any other nation fishing year; (a) PURPOSE.—The purposes of this Act in such Program.’’. ‘‘(F) in the case of subparagraph (B), to are— (c) ACCEPTANCE OF EVIDENCE COVERAGE.— (1) to give effect to the Declaration of Pan- conduct a scientific review and assessment Section 101 (16 U.S.C. 1371) is amended by ama, signed October 4, 1995, by the Govern- in 1998 of progress toward the year 2000 ob- adding at the end the following new sub- ments of Belize, Colombia, Costa Rica, Ecua- jective and consider recommendations as ap- sections: dor, France, Honduras, Mexico, Panama, propriate; and ‘‘(d) ACCEPTANCE OF DOCUMENTARY EVI- Spain, the United States of America, ‘‘(G) in the case of subparagraph (C), to DENCE.—The Secretary shall not accept docu- Vanuatu, and Venezuela, including the es- conduct a scientific review and assessment mentary evidence referred to in section tablishment of the International Dolphin regarding that stock or those stocks and 101(a)(2)(B) as satisfactory proof for purposes Conservation Program, relating to the pro- consider further recommendations; of section 101(a)(2) if— tection of dolphins and other species, and the ‘‘(H) the establishment of a per-vessel max- ‘‘(1) the government of the harvesting na- conservation and management of tuna in the imum annual dolphin mortality limit con- tion does not provide directly or authorize eastern tropical Pacific Ocean; sistent with the established per-year mortal- the Inter-American Tropical Tuna Commis- (2) to recognize that nations fishing for ity caps; and sion to release complete and accurate infor- tuna in the eastern tropical Pacific Ocean ‘‘(I) the provision of a system of incentives mation to the Secretary to allow a deter- have achieved significant reductions in dol- to vessel captains to continue to reduce dol- mination of compliance with the Inter- phin mortality associated with that fishery; phin mortality, with the goal of eliminating national Dolphin Conservation Program; and dolphin mortality. ‘‘(2) the government of the harvesting na- (3) to eliminate the ban on imports of tuna ‘‘(29) The term ‘Declaration of Panama’ tion does not provide directly or authorize from those nations that are in compliance means the declaration signed in Panama the Inter-American Tropical Tuna Commis- with the International Dolphin Conservation City, Republic of Panama, on October 4, sion to release complete and accurate infor- Program. 1995.’’. mation to the Secretary in a timely manner H3136 CONGRESSIONAL RECORD — HOUSE May 21, 1997 for the purposes of tracking and verifying falsely claims or suggests that the tuna con- mammals and tuna, it is accompanied by a compliance with the minimum requirements tained in the product was harvested using a written statement executed by the captain of established by the Secretary in regulations method of fishing that is not harmful to dol- the vessel and an observer, certifying that no promulgated under subsection (f) of the Dol- phins if the product contains any of the fol- purse seine net was intentionally deployed phin Protection Consumer Information Act lowing: on or to encircle marine mammals during (16 U.S.C. 1385(f)); or ‘‘(A) Tuna harvested on the high seas by a the particular voyage on which the tuna was ‘‘(3) after taking into consideration this in- vessel engaged in driftnet fishing. harvested. formation, findings of the Inter-American ‘‘(B) Tuna harvested in the eastern tropical ‘‘(4) For purposes of paragraph (1)(D), tuna Tropical Tuna Commission, and any other Pacific Ocean by a vessel using purse seine or a tuna product that contains tuna har- relevant information, including information nets unless the tuna is considered dolphin vested in a fishery identified by the Sec- that a nation is consistently failing to take safe under paragraph (2). retary as having a regular and significant in- enforcement actions on violations which di- ‘‘(C) Tuna harvested outside the eastern cidental mortality or serious injury of ma- minish the effectiveness of the International tropical Pacific Ocean by a vessel using rine mammals is dolphin safe if it is accom- Dolphin Conservation Program, the Sec- purse seine nets unless the tuna is consid- panied by a written statement executed by retary, in consultation with the Secretary of ered dolphin safe under paragraph (3). the captain of the vessel and, where deter- State, finds that the harvesting nation is not ‘‘(D) Tuna harvested by a vessel engaged in mined to be practicable by the Secretary, an in compliance with the International Dol- any fishery identified by the Secretary pur- observer participating in a national or inter- phin Conservation Program. suant to paragraph (4) as having a regular national program acceptable to the Sec- ‘‘(e) EXEMPTION.—The provisions of this and significant incidental mortality of ma- retary certifying that no marine mammals Act shall not apply to a citizen of the United rine mammals.’’. were killed in the course of the fishing oper- ation or operations in which the tuna were States who incidentally takes any marine (h) DOLPHIN SAFE TUNA.—(1) Paragraph (2) caught. mammal during fishing operations outside of section 901(d) of the Dolphin Protection ‘‘(5) No tuna product may be labeled with the United States exclusive economic zone Consumer Information Act (16 U.S.C. any reference to dolphins, porpoises, or ma- (as defined in section 3(6) of the Magnuson 1385(d)(2)) is amended to read as follows: rine mammals, unless such product is la- Fishery Conservation and Management Act ‘‘(2)(A) For purposes of paragraph (1)(B), a beled as dolphin safe in accordance with this (16 U.S.C. 1802(6))) when employed on a for- tuna product that contains tuna harvested in subsection.’’. eign fishing vessel of a harvesting nation the eastern tropical Pacific Ocean by a ves- (i) TRACKING AND VERIFICATION.—Sub- which is in compliance with the Inter- sel using purse seine nets is dolphin safe if section (f) of section 901 of the Dolphin Pro- national Dolphin Conservation Program.’’. the vessel is of a type and size that the Sec- tection Consumer Information Act (16 U.S.C. (d) ANNUAL PERMITS.—Section 104(h) is retary has determined, consistent with the 1385(f)) is amended to read as follows: amended to read as follows: International Dolphin Conservation Pro- ‘‘(f) TRACKING AND VERIFICATION.—The Sec- NNUAL ERMITS.—(1) Consistent with ‘‘(h) A P gram, is not capable of deploying its purse retary, in consultation with the Secretary of the regulations prescribed pursuant to sec- seine nets on or to encircle dolphins, or if the Treasury, shall issue regulations to im- tion 103 and the requirements of section 101, the product meets the requirements of sub- plement subsection (d) not later than 3 the Secretary may issue an annual permit to paragraph (B). months after the date of enactment of the a United States vessel for the taking of such ‘‘(B) For purposes of paragraph (1)(B), a International Dolphin Conservation Program marine mammals, and shall issue regula- tuna product that contains tuna harvested in Act. In the development of these regulations, tions to cover the use of any such annual the eastern tropical Pacific Ocean by a ves- the Secretary shall establish appropriate permits. sel using purse seine nets is dolphin safe if procedures for ensuring the confidentiality ‘‘(2) Annual permits described in paragraph the product is accompanied by a written of proprietary information the submission of (1) for the incidental taking of marine mam- statement executed by the captain of the which is voluntary or mandatory. Such regu- mals in the course of commercial purse seine vessel which harvested the tuna certifying lations shall, consistent with international fishing for yellowfin tuna in the eastern that no dolphins were killed during the sets efforts and in coordination with the Inter- tropical Pacific Ocean shall be governed by in which the tuna were caught and the prod- American Tropical Tuna Commission, estab- section 304, subject to the regulations issued uct is accompanied by a written statement lish a domestic and international tracking pursuant to section 302.’’. executed by— and verification program that provides for (e) REVISIONS AND FUNDING SOURCES.—Sec- ‘‘(i) the Secretary or the Secretary’s des- the effective tracking of tuna labeled under tion 108(a)(2) (16 U.S.C. 1378(a)(2)) is amended ignee; subsection (d), including but not limited to as follows: ‘‘(ii) a representative of the Inter-Amer- each of the following: (1) By striking ‘‘and’’ at the end of sub- ican Tropical Tuna Commission; or ‘‘(1) Specific regulations and provisions ad- paragraph (A). ‘‘(iii) an authorized representative of a par- dressing the use of weight calculation for (2) By adding at the end the following: ticipating nation whose national program purposes of tracking tuna caught, landed, ‘‘(C) discussions to expeditiously negotiate meets the requirements of the International processed, and exported. revisions to the Convention for the Estab- Dolphin Conservation Program, ‘‘(2) Additional measures to enhance ob- lishment of an Inter-American Tropical which states that there was an observer ap- server coverage if necessary. Tuna Commission (1 UST 230, TIAS 2044) ‘‘(3) Well location and procedures for mon- which will incorporate conservation and proved by the International Dolphin Con- servation Program on board the vessel dur- itoring, certifying, and sealing holds above management provisions agreed to by the na- and below deck or other equally effective tions which have signed the Declaration of ing the entire trip and documents that no dolphins were killed during the sets in which methods of tracking and verifying tuna la- Panama; beled under subsection (d). ‘‘(D) a revised schedule of annual contribu- the tuna concerned were caught. ‘‘(C) The statements referred to in clauses ‘‘(4) Reporting receipt of and database stor- tions to the expenses of the Inter-American age of radio and facsimile transmittals from Tropical Tuna Commission that is equitable (i), (ii), and (iii) of subparagraph (B) shall be valid only if they are endorsed in writing by fishing vessels containing information relat- to participating nations; and ed to the tracking and verification of tuna, ‘‘(E) discussions with those countries par- each exporter, importer, and processor of the product, and if such statements and endorse- and the definition of sets. ticipating or likely to participate in the ‘‘(5) Shore-based verification and tracking International Dolphin Conservation Pro- ments comply with regulations promulgated by the Secretary which would provide for the throughout the transshipment and canning gram, to identify alternative sources of process by means of Inter-American Tropical funds to ensure that needed research and verification of tuna products as dolphin safe.’’. Tuna Commission trip records or otherwise. other measures benefiting effective protec- ‘‘(6) Provisions for annual audits and spot tion of dolphins, other marine species, and (2) Subsection (d) of section 901 of the Dol- phin Protection Consumer Information Act checks for caught, landed, and processed the marine ecosystem;’’. tuna products labeled in accordance with (f) REPEAL OF NAS REVIEW.—Section 110 (16 (16 U.S.C. 1385(d)) is amended by adding the subsection (d). U.S.C. 1380) is amended as follows: following new paragraphs at the end thereof: ‘‘(7) The provision of timely access to data (1) By redesignating subsection (a)(1) as ‘‘(3) For purposes of paragraph (1)(C), tuna required under this subsection by the Sec- subsection (a). or a tuna product that contains tuna har- retary from harvesting nations to undertake (2) By striking subsection (a)(2). vested outside the eastern tropical Pacific the actions required in paragraph (6) of this (g) LABELING OF TUNA PRODUCTS.—Para- Ocean by a vessel using purse seine nets is graph (1) of section 901(d) of the Dolphin Pro- dolphin safe if— subsection.’’. tection Consumer Information Act (16 U.S.C. ‘‘(A) it is accompanied by a written state- SEC. 5. AMENDMENTS TO TITLE III. 1385(d)(1)) is amended to read as follows: ment executed by the captain of the vessel (a) HEADING.—The heading of title III is ‘‘(1) It is a violation of section 5 of the Fed- certifying that no purse seine net was inten- amended to read as follows: eral Trade Commission Act for any producer, tionally deployed on or to encircle dolphins ‘‘TITLE III—INTERNATIONAL DOLPHIN importer, exporter, distributor, or seller of during the particular voyage on which the CONSERVATION PROGRAM’’. any tuna product that is exported from or of- tuna was harvested; or (b) FINDINGS.—Section 301 (16 U.S.C. 1411) is fered for sale in the United States to include ‘‘(B) in any fishery in which the Secretary amended as follows: on the label of that product the term ‘Dol- has determined that a regular and signifi- (1) In subsection (a), by amending para- phin Safe’ or any other term or symbol that cant association occurs between marine graph (4) to read as follows: May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3137

‘‘(4) Nations harvesting yellowfin tuna in ‘‘(x) allowing for the authorization and ‘‘(d) RESEARCH.—The Secretary shall, in the eastern tropical Pacific Ocean have dem- conduct of experimental fishing operations, cooperation with the nations participating onstrated their willingness to participate in under such terms and conditions as the Sec- in the International Dolphin Conservation appropriate multilateral agreements to re- retary may prescribe, for the purpose of test- Program and with the Inter-American Tropi- duce, with the goal of eliminating, dolphin ing proposed improvements in fishing tech- cal Tuna Commission, undertake or support mortality in that fishery. Recognition of the niques and equipment (including new tech- appropriate scientific research to further the International Dolphin Conservation Program nology for detecting unsafe fishing condi- goals of the International Dolphin Conserva- will assure that the existing trend of reduced tions before nets are deployed by a tuna ves- tion Program. Such research may include dolphin mortality continues; that individual sel) that may reduce or eliminate dolphin but shall not be limited to any of the follow- stocks of dolphins are adequately protected; mortality or do not require the encirclement ing: and that the goal of eliminating all dolphin of dolphins in the course of commercial yel- ‘‘(1) Devising cost-effective fishing meth- mortality continues to be a priority.’’. lowfin tuna fishing; ods and gear so as to reduce, with the goal of (2) In subsection (b), by amending para- ‘‘(xi) authorizing fishing within the area eliminating, the incidental mortality and se- graphs (2) and (3) to read as follows: covered by the International Dolphin Con- rious injury of marine mammals in connec- ‘‘(2) support the International Dolphin servation Program by vessels of the United tion with commercial purse seine fishing in Conservation Program and efforts within the States without the use of special equipment the eastern tropical Pacific Ocean. Program to reduce, with the goal of elimi- or nets if the vessel takes an observer and ‘‘(2) Developing cost-effective methods of nating, the mortality referred to in para- does not intentionally deploy nets on, or en- fishing for mature yellowfin tuna without graph (1); circle, dolphins, under such terms and condi- deployment of nets on, or encirclement of, ‘‘(3) ensure that the market of the United tions as the Secretary may prescribe; and dolphins or other marine mammals. States does not act as an incentive to the ‘‘(xii) containing such other restrictions ‘‘(3) Carrying out stock assessments for harvest of tuna caught with driftnets or and requirements as the Secretary deter- those marine mammal species and marine caught by purse seine vessels in the eastern mines are necessary to implement the Inter- mammal stocks taken in the purse seine tropical Pacific Ocean that are not operating national Dolphin Conservation Program with fishery for yellowfin tuna in the eastern in compliance with the International Dol- respect to vessels of the United States. tropical Pacific Ocean, including species or phin Conservation Program;’’. ‘‘(C) The Secretary may make such adjust- stocks not within waters under the jurisdic- (c) INTERNATIONAL DOLPHIN CONSERVATION ments as may be appropriate to the require- tion of the United States. PROGRAM.—Section 302 (16 U.S.C. 1412) is ments of subparagraph (B) that pertain to ‘‘(4) Studying the effects of chase and en- amended to read as follows: fishing gear, vessel equipment, and fishing circlement on the health and biology of dol- ‘‘SEC. 302. AUTHORITY OF THE SECRETARY. practices to the extent the adjustments are phin and individual dolphin populations inci- consistent with the International Dolphin ‘‘(a) REGULATIONS TO IMPLEMENT PROGRAM dentally taken in the course of purse seine Conservation Program. REGULATIONS.—(1) The Secretary shall issue fishing for yellowfin tuna in the eastern ‘‘(b) CONSULTATION.—In developing regula- regulations to implement the International tropical Pacific Ocean. There are authorized tions under this section, the Secretary shall Dolphin Conservation Program. to be appropriated to the Department of consult with the Secretary of State, the Ma- ‘‘(2)(A) Not later than 3 months after the Commerce $1,000,000 to be used by the Sec- rine Mammal Commission and the United retary, acting through the National Marine date of enactment of this section, the Sec- States Commissioners to the Inter-American retary shall issue regulations to authorize Fisheries Service, to carry out this para- Tropical Tuna Commission appointed under graph. Upon completion of the study, the and govern the incidental taking of marine section 3 of the Tuna Conventions Act of 1950 mammals in the eastern tropical Pacific Secretary shall submit a report containing (16 U.S.C. 952). the results of the study, together with rec- Ocean, including any species of marine mam- ‘‘(c) EMERGENCY REGULATIONS.—(1) If the ommendations, to the Congress and to the mal designated as depleted under this Act Secretary determines, on the basis of the Inter-American Tropical Tuna Commission. but not listed as endangered or threatened best scientific information available (includ- ‘‘(5) Determining the extent to which the under the Endangered Species Act of 1973 (16 ing that obtained under the International incidental take of nontarget species, includ- U.S.C. 1531 et seq.), by vessels of the United Dolphin Conservation Program) that the in- ing juvenile tuna, occurs in the course of States participating in the International cidental mortality and serious injury of ma- purse seine fishing for yellowfin tuna in the Dolphin Conservation Program. rine mammals authorized under this title is eastern tropical Pacific Ocean, the geo- ‘‘(B) Regulations issued under this section having, or is likely to have, a significant ad- shall include provisions— verse effect on a marine mammal stock or graphic location of the incidental take, and ‘‘(i) requiring observers on each vessel; species, the Secretary shall take actions as the impact of that incidental take on tuna ‘‘(ii) requiring use of the backdown proce- follows— stocks, and nontarget species. dure or other procedures equally or more ef- ‘‘(A) notify the Inter-American Tropical The Secretary shall include a description of fective in avoiding mortality of marine Tuna Commission of the Secretary’s find- the annual results of research carried out mammals in fishing operations; ings, along with recommendations to the under this subsection in the report required ‘‘(iii) prohibiting intentional deployment Commission as to actions necessary to re- under section 303.’’. of nets on, or encirclement of, dolphins in duce incidental mortality and serious injury (d) REPORTS.—Section 303 (16 U.S.C. 1414) is violation of the International Dolphin Con- and mitigate such adverse impact; and amended to read as follows: servation Program; ‘‘(B) prescribe emergency regulations to ‘‘SEC. 303. REPORTS BY THE SECRETARY. ‘‘(iv) requiring the use of special equip- reduce incidental mortality and serious in- ‘‘Notwithstanding section 103(f), the Sec- ment, including dolphin safety panels in jury and mitigate such adverse impact. retary shall submit an annual report to the nets, monitoring devices as identified by the ‘‘(2) Prior to taking action under para- Congress which includes each of the follow- International Dolphin Conservation Pro- graph (1) (A) or (B), the Secretary shall con- ing: gram, as practicable, to detect unsafe fishing sult with the Secretary of State, the Marine ‘‘(1) The results of research conducted pur- conditions before nets are deployed by a tuna Mammal Commission, and the United States suant to section 302. vessel, operable rafts, speedboats with tow- Commissioners to the Inter-American Tropi- ‘‘(2) A description of the status and trends ing bridles, floodlights in operable condition, cal Tuna Commission. of stocks of tuna. and diving masks and snorkels; ‘‘(3) Emergency regulations prescribed ‘‘(3) A description of the efforts to assess, ‘‘(v) ensuring that the backdown procedure under this subsection— avoid, reduce, and minimize the bycatch of during the deployment of nets on, or encir- ‘‘(A) shall be published in the Federal Reg- juvenile yellowfin tuna and other nontarget clement of, dolphins is completed and rolling ister, together with an explanation thereof; species. of the net to sack up has begun no later than and ‘‘(4) A description of the activities of the 30 minutes after sundown; ‘‘(B) shall remain in effect for the duration International Dolphin Conservation Program ‘‘(vi) banning the use of explosive devices of the applicable fishing year; and and of the efforts of the United States in in all purse seine operations; The Secretary may terminate such emer- support of the Program’s goals and objec- ‘‘(vii) establishing per vessel maximum an- gency regulations at a date earlier than that tives, including the protection of dolphin nual dolphin mortality limits, total dolphin required by subparagraph (B) by publication populations in the eastern tropical Pacific mortality limits and per-stock per-year mor- in the Federal Register of a notice of termi- Ocean, and an assessment of the effective- tality limits, in accordance with the Inter- nation, if the Secretary determines that the ness of the Program. national Dolphin Conservation Program; reasons for the emergency action no longer ‘‘(5) Actions taken by the Secretary under ‘‘(viii) preventing the intentional deploy- exist. subsections (a)(2)(B) and (d) of section 101. ment of nets on, or encirclement of, dolphins ‘‘(4) If the Secretary finds that the inciden- ‘‘(6) Copies of any relevant resolutions and after reaching either the vessel maximum tal mortality and serious injury of marine decisions of the Inter-American Tropical annual dolphin mortality limits, total dol- mammals in the yellowfin tuna fishery in Tuna Commission, and any regulations pro- phin mortality limits, or per-stock per-year the eastern tropical Pacific Ocean is con- mulgated by the Secretary under this title. mortality limits; tinuing to have a significant adverse impact ‘‘(7) Any other information deemed rel- ‘‘(ix) preventing the fishing on dolphins by on a stock or species, the Secretary may ex- evant by the Secretary.’’. a vessel without an assigned vessel dolphin tend the emergency regulations for such ad- (e) PERMITS.—Section 304 (16 U.S.C. 1416) is mortality limit; ditional periods as may be necessary. amended to read as follows: H3138 CONGRESSIONAL RECORD — HOUSE May 21, 1997 ‘‘SEC. 304. PERMITS. state the permit upon payment of the pen- representation from the various groups par- ‘‘(a) IN GENERAL.—(1) Consistent with sec- alty or fine and interest thereon at the pre- ticipating in the fisheries included under the tion 302, the Secretary is authorized to issue vailing rate. conventions, and from nongovernmental con- a permit to a vessel of the United States au- ‘‘(5) No sanctions shall be imposed under servation organizations. The General Advi- thorizing participation in the International this section unless there has been a prior op- sory Committee shall be invited to have rep- Dolphin Conservation Program and may re- portunity for a hearing on the facts underly- resentatives attend all nonexecutive meet- quire a permit for the person actually in ing the violation for which the sanction is ings of the United States sections and shall charge of and controlling the fishing oper- imposed, either in conjunction with a civil be given full opportunity to examine and to ation of the vessel. The Secretary shall pre- penalty proceeding under this title or other- be heard on all proposed programs of inves- scribe such procedures as are necessary to wise.’’. tigations, reports, recommendations, and carry out this subsection, including, but not (f) PROHIBITIONS.—Section 305 is repealed regulations of the commission. The General limited to, requiring the submission of— and section 307 (16 U.S.C. 1417) is redesig- Advisory Committee may attend all meet- ‘‘(A) the name and official number or other nated as section 305, and amended as follows: ings of the international commissions to identification of each fishing vessel for (1) In subsection (a): which they are invited by such commissions. which a permit is sought, together with the (A) By amending paragraph (1) to read as ‘‘(2) Appoint a Scientific Advisory Sub- name and address of the owner thereof; and follows: committee which shall be composed of not ‘‘(B) the tonnage, hold capacity, speed, ‘‘(1) for any person to sell, purchase, offer less than 5 nor more than 15 qualified sci- processing equipment, and type and quantity for sale, transport, or ship, in the United entists with balanced representation from of gear, including an inventory of special States, any tuna or tuna product unless the the public and private sectors, including equipment required under section 302, with tuna or tuna product is either dolphin safe or nongovernmental conservation organiza- respect to each vessel. has been harvested in compliance with the tions. The Scientific Advisory Subcommittee ‘‘(2) The Secretary is authorized to charge International Dolphin Conservation Program shall advise the General Advisory Commit- a fee for issuing a permit under this section. by a country that is a member of the Inter- tee and the Commissioners on matters in- The level of fees charged under this para- American Tropical Tuna Commission or has cluding the conservation of ecosystems; the graph may not exceed the administrative initiated steps, in accordance with Article V, sustainable uses of living marine resources cost incurred in granting an authorization paragraph 3 of the Convention establishing related to the tuna fishery in the eastern Pa- and issuing a permit. Fees collected under the Inter-American Tropical Tuna Commis- this paragraph shall be available, subject to cific Ocean; and the long-term conservation sion, to become a member of that organiza- and management of stocks of living marine appropriations, to the Under Secretary of tion;’’. Commerce for Oceans and Atmosphere for resources in the eastern tropical Pacific (B) By amending paragraph (2) to read as Ocean. In addition, the Scientific Advisory expenses incurred in issuing permits under follows: this section. Subcommittee shall, as requested by the ‘‘(2) except in accordance with this title General Advisory Committee, the United ‘‘(3) After the effective date of the Inter- and regulations issued pursuant to this title States Commissioners or the Secretary, per- national Dolphin Conservation Program Act, as provided for in subsection 101(e), for any form functions and provide assistance re- no vessel of the United States shall operate person or vessel subject to the jurisdiction of quired by formal agreements entered into by in the yellowfin tuna fishery in the eastern the United States intentionally to set a the United States for this fishery, including tropical Pacific Ocean without a valid per- purse seine net on or to encircle any marine the International Dolphin Conservation Pro- mit issued under this section. mammal in the course of tuna fishing oper- gram. These functions may include each of ‘‘(b) PERMIT SANCTIONS.—(1) In any case in ations in the eastern tropical Pacific Ocean; the following: which— or’’. ‘‘(A) The review of data from the Program, ‘‘(A) a vessel for which a permit has been (C) By amending paragraph (3) to read as including data received from the Inter-Amer- issued under this section has been used in follows: ican Tropical Tuna Commission. the commission of an act prohibited under ‘‘(3) for any person to import any yellowfin section 305; tuna or yellowfin tuna product or any other ‘‘(B) Recommendations on research needs, ‘‘(B) the owner or operator of any such ves- fish or fish product in violation of a ban on including ecosystems, fishing practices, and sel or any other person who has applied for importation imposed under section gear technology research, including the de- or been issued a permit under this section 101(a)(2);’’. velopment and use of selective, environ- has acted in violation of section 305; or (2) In subsection (b)(2), by inserting ‘‘(a)(5) mentally safe and cost-effective fishing gear, ‘‘(C) any civil penalty or criminal fine im- and’’ before ‘‘(a)(6)’’. and on the coordination and facilitation of posed on a vessel, owner or operator of a ves- (3) By striking subsection (d). such research. sel, or other person who has applied for or ‘‘(C) Recommendations concerning sci- (g) REPEAL.—Section 306 is repealed and been issued a permit under this section has section 308 (16 U.S.C. 1418) is redesignated as entific reviews and assessments required not been paid or is overdue, the Secretary section 306, and amended by striking ‘‘303’’ under the Program and engaging, as appro- may— and inserting in lieu thereof ‘‘302(d)’’. priate, in such reviews and assessments. ‘‘(i) revoke any permit with respect to such (h) CLERICAL AMENDMENTS.—The table of ‘‘(D) Consulting with other experts as vessel, with or without prejudice to the issu- contents in the first section of the Marine needed. ance of subsequent permits; Mammal Protection Act of 1972 is amended ‘‘(E) Recommending measures to assure ‘‘(ii) suspend such permit for a period of by striking the items relating to title III and the regular and timely full exchange of data time considered by the Secretary to be ap- inserting in lieu thereof the following: among the parties to the Program and each propriate; nation’s National Scientific Advisory Com- ‘‘(iii) deny such permit; or ‘‘TITLE III—INTERNATIONAL DOLPHIN mittee (or equivalent). ‘‘(iv) impose additional conditions or re- CONSERVATION PROGRAM ‘‘(3) Establish procedures to provide for ap- strictions on any permit issued to, or applied ‘‘Sec. 301. Findings and policy. propriate public participation and public for by, any such vessel or person under this ‘‘Sec. 302. Authority of the Secretary. meetings and to provide for the confidential- section. ‘‘Sec. 303. Reports by the Secretary. ity of confidential business data. The Sci- ‘‘(2) In imposing a sanction under this sub- ‘‘Sec. 304. Permits. entific Advisory Subcommittee shall be in- section, the Secretary shall take into ac- ‘‘Sec. 305. Prohibitions. vited to have representatives attend all non- count— ‘‘Sec. 306. Authorization of appropriations.’’. executive meetings of the United States sec- ‘‘(A) the nature, circumstances, extent, SEC. 6. AMENDMENTS TO THE TUNA CONVEN- tions and the General Advisory Subcommit- and gravity of the prohibited acts for which TIONS ACT OF 1950. tee and shall be given full opportunity to ex- the sanction is imposed; and (a) MEMBERSHIP.—Section 3(c) of the Tuna amine and to be heard on all proposed pro- ‘‘(B) with respect to the violator, the de- Conventions Act of 1950 (16 U.S.C. 952(c)) is grams of scientific investigation, scientific gree of culpability, any history of prior of- amended to read as follows: reports, and scientific recommendations of fenses, and other such matters as justice re- ‘‘(c) at least one shall be either the Direc- the commission. Representatives of the Sci- quires. tor, or an appropriate regional director, of entific Advisory Subcommittee may attend ‘‘(3) Transfer of ownership of a vessel, by the National Marine Fisheries Service; and’’. meetings of the Inter-American Tropical sale or otherwise, shall not extinguish any (b) GENERAL ADVISORY COMMITTEE AND SCI- Tuna Commission in accordance with the permit sanction that is in effect or is pend- ENTIFIC ADVISORY SUBCOMMITTEE.—Section 4 rules of such Commission. ing at the time of transfer of ownership. Be- of the Tuna Conventions Act of 1950 (16 ‘‘(4) Fix the terms of office of the members fore executing the transfer of ownership of a U.S.C. 953) is amended to read as follows: of the General Advisory Committee and Sci- vessel, by sale or otherwise, the owner shall ‘‘SEC. 4. GENERAL ADVISORY COMMITTEE AND entific Advisory Subcommittee, who shall disclose in writing to the prospective trans- SCIENTIFIC ADVISORY SUBCOMMIT- receive no compensation for their services as feree the existence of any permit sanction TEE. such members.’’. that will be in effect or pending with respect ‘‘The Secretary, in consultation with the to the vessel at the time of transfer. United States Commissioners, shall: (c) BYCATCH REDUCTION.—The Tuna Con- ‘‘(4) In the case of any permit that is sus- ‘‘(1) Appoint a General Advisory Commit- ventions Act of 1950 (16 U.S.C. 951 et seq.) is pended for the failure to pay a civil penalty tee which shall be composed of not less than amended by adding at the end the following or criminal fine, the Secretary shall rein- 5 nor more than 15 persons with balanced new section: May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3139 ‘‘REDUCTION OF BYCATCH IN EASTERN hour equally divided and controlled by English King (NY) Reyes TROPICAL PACIFIC OCEAN the proponent and an opponent, and Ensign Kingston Riggs Etheridge Knollenberg Riley ‘‘SEC. 15. The Secretary of State, acting shall not be subject to amendment. Everett Kolbe Rodriguez through the United States Commissioners, Since there are no amendments, the Ewing LaFalce Roemer should take the necessary steps to establish question is on the amendment in the Fawell LaHood Rogan standards and measures for a bycatch reduc- Rogers nature of a substitute made in order by Flake Largent tion program for vessels fishing for yellowfin Foley Latham Rohrabacher tuna in the eastern tropical Pacific Ocean. the rule as an original bill. Fowler LaTourette Ros-Lehtinen The program shall include to the extent The amendment in the nature of a Fox Lazio Roukema Frelinghuysen Leach Royce practicable— substitute was agreed to. Ryun ‘‘(1) that sea turtles and other threatened Frost Levin The CHAIRMAN. Under the rule, the Gallegly Lewis (CA) Salmon species and endangered species are released committee rises. Ganske Lewis (KY) Sandlin alive, to the maximum extent practicable; Accordingly, the committee rose; and Gekas Linder Sawyer Saxton ‘‘(2) measures to reduce, to the maximum Gibbons Livingston the Speaker pro tempore [Mr. Gillmor] Scarborough extent practicable, the harvest of nontarget Gilchrest LoBiondo Schaefer, Dan species; having assumed the Chair, Mr. Gillmor Lucas Schaffer, Bob GUTKNECHT, Chairman of the Commit- Gilman Manton ‘‘(3) measures to reduce, to the maximum Sensenbrenner Gonzalez Manzullo extent practicable, the mortality of nontar- tee of the Whole House on the State of Shadegg Matsui get species; and the Union, reported that that commit- Goode Shaw ‘‘(4) measures to reduce, to the maximum Goodlatte McCollum Shimkus tee, having had under consideration Goodling McCrery extent practicable, the mortality of juve- Shuster the bill, (H.R. 408) to amend the Marine Gordon McDade niles of the target species.’’. Skaggs Mammal Protection Act of 1972 to sup- Goss McHugh Skeen SEC. 7. EQUITABLE FINANCIAL CONTRIBUTIONS. port the International Dolphin Con- Graham McInnis Skelton It is the sense of the Congress that each servation Program in the eastern tropi- Granger McIntyre Smith (MI) nation participating in the International Green McKeon Smith (NJ) Dolphin Conservation Program should con- cal Pacific Ocean, and for other pur- Greenwood Mica Smith (OR) tribute an equitable amount to the expenses poses, pursuant to House Resolution Gutknecht Miller (FL) Smith (TX) of the Inter-American Tropical Tuna Com- 153, he reported the bill back to the Hall (OH) Minge Smith, Adam Hall (TX) Molinari mission. Such contributions shall take into House with an amendment adopted by Smith, Linda Hamilton Mollohan Snyder account the number of vessels from that na- the Committee of the Whole. Hansen Moran (KS) Solomon tion fishing for tuna in the eastern tropical The SPEAKER pro tempore. Under Hastert Morella Souder Pacific Ocean, the consumption of tuna and the rule, the previous question is or- Hastings (WA) Myrick Spence tuna products from the eastern tropical Pa- dered. Hayworth Nethercutt Stearns cific Ocean and other relevant factors as de- Hefley Ney Stenholm termined by the Secretary. The question is on the amendment in Hefner Northup Stump Herger Norwood Sununu SEC. 8. POLAR BEAR PERMITS. the nature of a substitute. Hill Nussle Talent Paragraph (5) of section 104(c) of the Ma- The amendment in the nature of a Hilleary Ortiz Tanner rine Mammal Protection Act of 1972 (16 substitute was agreed to. Hinojosa Oxley Tauzin U.S.C. 1374(c)(5)) is amended as follows: The SPEAKER pro tempore. The Hobson Packard Taylor (NC) (1) In subparagraph (A), by striking ‘‘, in- question is on the engrossment and Hoekstra Pappas Thomas Thornberry cluding polar bears taken but not imported third reading of the bill. Hooley Parker prior to the date of enactment of the Marine Hostettler Pastor Thune The bill was ordered to be engrossed Houghton Paxon Tiahrt Mammal Protection Act Amendments of Traficant 1994,’’. and read a third time, and was read the Hoyer Peterson (MN) Hulshof Peterson (PA) Turner (2) By adding the following new subpara- third time. Upton The SPEAKER pro tempore. The Hunter Petri graph at the end thereof: Hutchinson Pickering Walsh ‘‘(D) The Secretary of the Interior shall, question is on passage of the bill. Inglis Pickett Wamp expeditiously after the expiration of the ap- The question was taken; and the Istook Pitts Watkins plicable 30-day period under subsection Jenkins Pombo Watts (OK) Speaker pro tempore announced that Weldon (FL) (d)(2), issue a permit for the importation of John Pomeroy the ayes appeared to have it. Johnson (CT) Porter Weldon (PA) polar bear parts (other than internal organs) White Mr. MILLER of California. Mr. Johnson (WI) Portman from polar bears taken in sport hunts in Whitfield Johnson, E. B. Price (NC) Canada before the date of enactment of the Speaker, I object to the vote on the Wicker Johnson, Sam Pryce (OH) ground that a quorum is not present Wolf Marine Mammal Protection Act Amend- Jones Quinn Young (AK) ments of 1994, to each applicant who sub- and make the point of order that a Kanjorski Ramstad mits, with the permit application, proof that quorum is not present. Kasich Rangel the polar bear was legally harvested in Can- The SPEAKER pro tempore. Evi- Kelly Redmond ada by the applicant. The Secretary shall dently a quorum is not present. Kim Regula issue such permits without regard to the pro- The Sergeant at Arms will notify ab- NAYS—166 visions of subparagraphs (A) and (C)(ii) of sent Members. this paragraph, subsection (d)(3) of this sec- Abercrombie Coyne Hastings (FL) tion, and sections 101 and 102. This subpara- The vote was taken by electronic de- Ackerman Cummings Hilliard graph shall not apply to polar bear parts vice, and there were—yeas 262, nays Allen Davis (IL) Hinchey that were imported before the effective date 166, not voting 6, as follows: Baesler Deal Holden Baldacci DeFazio Horn of this subparagraph’’. [Roll No. 151] Barcia DeGette Jackson (IL) SEC. 9. EFFECTIVE DATE. YEAS—262 Barrett (WI) Delahunt Jackson-Lee (a) IN GENERAL.—Except as provided in Barton DeLauro (TX) Aderholt Brady Cox Becerra Dellums Jefferson subsection (b), this Act and the amendments Archer Bryant Cramer Bentsen Deutsch Kaptur made by this Act shall take effect upon cer- Armey Bunning Crane Berman Dixon Kennedy (MA) tification by the Secretary of State to the Bachus Burr Crapo Bilirakis Doggett Kennedy (RI) Baker Burton Cubin Congress that a binding resolution of the Bishop Doyle Kennelly Ballenger Buyer Cunningham Inter-American Tropical Tuna Commission, Blagojevich Engel Kildee Barr Callahan Danner or another legally binding instrument, estab- Bonior Eshoo Kilpatrick Barrett (NE) Calvert Davis (FL) lishing the International Dolphin Conserva- Borski Evans Kind (WI) Bartlett Camp Davis (VA) Boucher Farr Kleczka tion Program has been adopted and is in ef- Bass Canady DeLay Brown (CA) Fattah Klink fect. Bateman Cannon Diaz-Balart Brown (FL) Fazio Klug (b) PROVISIONS EFFECTIVE UPON ENACT- Bereuter Cardin Dickey Brown (OH) Filner Kucinich MENT.—Section 8 and this section shall take Berry Castle Dicks Campbell Foglietta Lampson Bilbray Chambliss Dingell effect on the date of enactment of this Act. Capps Forbes Lantos Bliley Chenoweth Dooley The CHAIRMAN. No amendment is in Carson Ford Lipinski Blumenauer Christensen Doolittle Chabot Frank (MA) Lofgren order except the amendment printed in Blunt Clement Dreier Clay Franks (NJ) Lowey the CONGRESSIONAL RECORD pursuant to Boehlert Coble Duncan Clayton Furse Luther Boehner Coburn Dunn clause 6 of rule XXIII by the gentleman Clyburn Gejdenson Maloney (CT) Bonilla Collins Edwards from California [Mr. MILLER] or his Condit Gephardt Maloney (NY) Bono Combest Ehlers Conyers Gutierrez Markey designee. The amendment shall be con- Boswell Cook Ehrlich Costello Harman Martinez sidered read, shall be debatable for 1 Boyd Cooksey Emerson H3140 CONGRESSIONAL RECORD — HOUSE May 21, 1997 Mascara Owens Stabenow ANNOUNCEMENT BY THE SPEAKER gations, 15 ministers as well as par- McCarthy (MO) Pallone Stark McCarthy (NY) Pascrell Stokes PRO TEMPORE liamentary leaders, large delegations McDermott Paul Strickland The SPEAKER pro tempore. The from and Norway, the European McGovern Payne Stupak Chair will entertain 1-minute speeches. continent, Africa, the Americas, as McHale Pease Tauscher well as other nations, and it was an ex- McIntosh Pelosi Taylor (MS) f McKinney Poshard Thompson tremely successful conference. We McNulty Rahall Thurman WITHDRAWAL OF SUPPORT FOR came under the auspices of the Advi- Meehan Rivers Tierney H.R. 956, DRUG FREE COMMUNITY sory Committee on Protection of the Meek Rothman Torres Seas as well as GLOBE and the Council Menendez Roybal-Allard Towns ACT OF 1997 on Oceanographic Research and Edu- Metcalf Rush Velazquez (Mr. WHITFIELD asked and was Millender- Sabo Vento cation. given permission to address the House McDonald Sanchez Visclosky Vice President GORE spoke to our Miller (CA) Sanders Waters for 1 minute.) conference last evening in Statuary Mink Sanford Watt (NC) Mr. WHITFIELD. Mr. Speaker, I was Hall. Yesterday at lunch the Speaker, Moakley Schumer Waxman an original cosponsor of H.R. 956, Drug Moran (VA) Scott Weller the gentleman from Georgia [Mr. GING- Murtha Serrano Wexler Free Community Act of 1997, and it has RICH], gave the keynote speech. The Nadler Sessions Weygand been reported out of committee, but Secretary of Defense, Secretary of Neal Shays Wise after a further review I find that I can Neumann Sherman Woolsey Navy, senior leaders of the administra- Oberstar Sisisky Wynn not support that legislation and simply tion and a significant number of Mem- Obey Slaughter Yates note for the RECORD my opposition to bers of Congress, including my good Olver Spratt Young (FL) the legislation. friend, the gentleman from California NOT VOTING—6 f [Mr. FARR] who stayed for the entire Andrews Lewis (GA) Schiff conference, had the chance to interact BURMA’S ARMY KEEPS ITS GRIP Hyde Radanovich Snowbarger and put together a new comprehensive (Ms. FURSE asked and was given per- strategy for the world on helping to co- b 1706 mission to address the House for 1 operate in cleaning up our oceans and Messrs. HORN, MCHALE, BILI- minute and to revise and extend her re- our seas. RAKIS, Ms. ROYBAL-ALLARD, Mr. marks.) Mr. Speaker, I include for the BISHOP, and Mr. BENTSEN changed Ms. FURSE. Mr. Speaker, today if RECORD the proceedings and the final their vote from ‘‘yea’’ to ‘‘nay.’’ my colleagues were to go to visit Nobel recommendations of this conference, Messrs. SKEEN, KANJORSKI, and prize winner Aung San Suu Kyi they and I thank those Members who par- FROST changed their vote from ‘‘nay’’ would be blocked at the door of her ticipated, and I thank all of those who to ‘‘yea.’’ house because the militarist govern- made this conference so successful. So the bill was passed. ment of Burma has said no foreigners ADVISORY COMMITTEE ON PROTECTION OF THE The result of the vote was announced may visit this great Nobel Peace Prize SEA, DRAFT REPORT OF THE CONFERENCE— as above recorded. winner. I want to commend the Clinton OCEANS AND SECURITY, U.S. HOUSE OF REP- A motion to reconsider was laid on administration for having decided to RESENTATIVES, WASHINGTON, DC, 19–21 MAY 1997 the table. impose new sanctions on Burma be- cause of the increasing repression of BACKGROUND f the people of Burma. 1. The international community’s efforts A recent article in the Washington to regulate the world’s oceans in order to PERSONAL EXPLANATION protect and conserve their resources and Post points out that hundreds of uni- habitats, and to safeguard their potential for Mr. LEWIS of Georgia. Mr. Speaker, I was versity students have been jailed, the economic development, spans several dec- not present for the vote on H.R. 408, the Inter- military has jailed as many as 300 ades. However, it has only been in recent national Dolphin Program Act. If I had been members of the National League for years that a growing awareness of the perva- present I would have voted ``no'' on H.R. 408. Democracy, which is the party that siveness of environmental issues has found Aung San Suu Kyi heads, and she her- echo in all fields of human activity. In par- f self has been blocked from making any ticular, the role of environmental problems public statements since November. as constitutive of security concerns, in con- GENERAL LEAVE. junction with the end of the Cold War and Mr. Speaker, it is time that the mili- the relentless processes of globalisation, has Mr. SAXTON. Mr. Speaker, I ask tarist government of Burma treat this opened a broad horizon for policy definition unanimous consent that all Members great peace leader with respect and at both national and multilateral levels that may have 5 legislative days to revise treat the people of Burma who have the international community has only just and extend their remarks and to in- voted for democracy, treat them with begun to explore. clude extraneous material on the bill the respect that they deserve. I hope 2. The Conference on Oceans and Security that the Government of the United was organised by the Advisory Committee on just passed. Protection of the Sea (ACOPS) and was un- The SPEAKER pro tempore (Mr. States will continue to impose sanc- dertaken with the assistance of the office of GILLMOR). Is there objection to the re- tions on the Government of Burma, Congressman Curt Weldon, Chairman of the quest of the gentleman from New Jer- and I encourage Nobel Prize winner Research and Development Committee of the sey? Aung San Suu Kyi to realize that there Security Committee of the Congress of the There was no objection. are friends here in the United States United States of America and ACOPS’ Vice- who support her. President from the United States; Govern- f ments of the United States, Canada and Nor- f way; Commission of the European Union; REPORT ON RESOLUTION WAIVING REPORT OF THE CONFERENCE ON International Fund for Animal Welfare A REQUIREMENT OF CLAUSE 4(b) OCEANS AND SECURITY (IFAW); Preston Gates, Ellis & Rouvelas Meeds LLP; Consortium for Oceanographic OF RULE XI WITH RESPECT TO (Mr. WELDON of Pennsylvania asked Research and Education (CORE); and Global CONSIDERATION OF CERTAIN and was given permission to address Legislators Organisation for a Balanced En- RESOLUTIONS the House for 1 minute and to revise vironment (GLOBE). The meeting was held Mr. GOSS, from the Committee on and extend his remarks.) in the United States House of Representa- Rules, submitted a privileged report Mr. WELDON of Pennsylvania. Mr. tives, Washington, D.C. from 19 to 21 May 1997. (Rept. No. 105–107) on the resolution (H. Speaker, I rise to acknowledge that we Res. 155) waiving a requirement of have just concluded one of, if not the PARTICIPANTS clause 4(b) of rule XI with respect to largest ever, conferences on the oceans 3. The Conference was attended by: the Vice-President of the United States of Amer- consideration of certain resolutions re- here in Washington. This conference ica, Hon. Al Gore; Speaker of the House of ported from the committee rules, involved 3 days of intensive dialogue Representatives, Newt Gingrich; Deputy which was referred to the House Cal- between 200 delegates from over 30 na- Prime Minister and Minister of National De- endar and ordered to be printed. tions including large ministerial dele- fense of Portugal, Senhor Antonio Vitorino; May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3141

Executive Director of the United Nations En- PROCEEDINGS OF THE CONFERENCE she said that the oceans provided crucial vironment Programme (UNEP), Ms Elizabeth A. Opening of the conference concepts, such as keystone species, and fun- Dowdeswell; Assistant Secretary General of 11. At the opening ceremony, the partici- damental contributions to the world envi- the United Nations, Dr. Nay Htun; 189 gov- pants heard the following statements (Annex ronment, such as their role in climate ernmental and other participants from Aus- change. However, the human race did not II contains speeches and statements pre- tralia, Belgium, Brazil, Cambodia, Canada, treat the oceans with due respect, and the sented at the Conference): China, Colombia, Costa Rica, Croatia, Den- 12. Lord Clinton-Davis, outgoing Chairman utilisation of the world’s oceans as waste re- mark, India, Japan, Korea, Mexico, Mozam- ceptacles constituted a biological timebomb, of ACOPS, and recently appointed Minister bique, Netherlands, New Zealand, Norway, while declining fish catches demonstrated of State for Transport, Department of Trade Philippines, Portugal, Russian Federation, the perils of the excessive exploitation of re- and Industry of the United Kingdom, the Seychelles, South Africa, Sweden, Thai- sources. She added that in the latter case, it emphasised the recognition of the contribu- land, Ukraine, United Kingdom and the Unit- was developed, and not developing countries, tion of ACOPS to global and regional ocean ed States of America, including seven min- that were largely responsible. Thirdly, Ms. management issues at an international level, isters; representatives of the following inter- Dowdeswell stressed the links between and stressed the need to integrate sustain- governmental organisations: United Nations; oceans and freshwater drainage basins, and ability and environmental considerations UNEP; United Nations Development Pro- the negative repercussions on marine into all policy making, noting that the man- gramme (UNDP); the World Bank; the Inter- ecosystems land activities. She emphasised national Oceanographic Commission (IOC) of agement of oceans especially characterise that protection of marine ecosystems could UNESCO; the Organisation of American the challenges posed by the goal of sustain- not be sacrificed to development and eco- States (OAS); and the Commission of the Eu- ability. With reference to the upcoming nomic imperatives, and therefore mankind ropean Union; as well as members of the Eu- UNGASS, which should strengthen the faced an immense challenge to develop effec- ropean Parliament and legislatures from oceans agenda, and to the 1998 Year of the tive coordination mechanisms between ocean Brazil, Philippines, and the United States; Oceans, during which Expo ’98 would be held, and freshwater management. In this context, representatives of ACOPS and other non-gov- Lord Clinton-Davis underlined the timeli- she highlighted the importance of Integrated ernmental organisations (NGOs); and rep- ness of the Conference. He also stressed the Coastal Zone Management (ICZM) as the resentatives of the scientific community and new Labour Government’s commitment to means of incorporating diverse factors and private sector. A list of participants appears environmental and ocean issues, and said needs, of achieving integrated policies that in this report as Annex I. that as Minister for Trade, he would be par- went beyond sectoral, fragmented ap- ticularly keen to develop links between MESSAGES proaches. She noted that UNEP had moved trade and environmental issues which were 4. Messages in acknowledgement of the in this direction with its Integrated Water intrinsically linked. Management Programme, and through the Conference’s contributions were received 13. Congressman Curt Weldon expressed his from four Heads of States from the Ameri- Global Programme of Action, which recognition of the work undertaken by recognised a link between oceans and chemi- cas, Africa, Asia and Europe, as well as from ACOPS and highlighted Lord Clinton-Davis’ ACOPS’ President, Lord Callaghan, and from cal management, and which symbolised a contributions as Chairman. He also noted clear commitment with the stated objec- ACOPS’ Vice-President from the USA, Con- that the Conference was sponsored by both gressman Curt Weldon. tives. ACOPS and GLOBE, organisations commit- 5. President Bill Clinton of the United 16. Dr. Nay Htun, Assistant Secretary Gen- to the goal of sustainable development. States of America extended his best wishes eral of the United Nations and Assistant Ad- for the success of the Conference and praised Congressman Weldon added that the Repub- ministrator of UNDP, also noted the impor- the participants in their efforts to promote lican majority in Congress had enabled him tance and potential of the Conference, and the sustainable global development of ma- to participate more decisively in the defini- highlighted various considerations. He re- rine resources whilst protecting the marine tion of the agenda, which reflected an in- ferred to the political, social and economic and coastal environments. He pointed out creasing commitment to environmental con- consequences of increasing demographic that this was important not only for our cerns, and in particular, to ocean issues. pressure on coastal areas and noted that ac- health and quality of life but also for pro- With reference to the need to channel more cording to the 1997 Human Development Re- moting international peace and prosperity. funds into ocean research, he noted that the port, poverty remained pervasive. He 6. President of the Repub- recently adopted Oceans Partnership Act had stressed that since the problem of poverty lic of South Africa stated that the marine established a framework for greater coordi- was central both to the sustainability of environment formed a very important and nation between federal agencies with respon- oceans and to security, it played a central integral part of our ecosystem, and that pro- sibilities in ocean research, and emphasised part in countries’ policies on oceans. How- motion of the international exchange of in- the need to progress more aggressively in ever, with regard to the critical and strate- formation was critical to the advancement of strengthening ocean research, and to provide gic role of coastal zones, he said that there good environmental resource management. the scientific community with greater access was a clear need to improve governments’ re- The President extended his warmest greet- to previously classified technology. Military sponses to ensure the identification and im- ings to the participants and congratulated and environmental concerns should be dove- plementation of effective, efficient and rel- ACOPS on its initiative. tailed and existing capabilities united to en- evant measures. Mr. Htun pointed out that 7. President Fidel Ramos of the Republic of hance the capability for effective ocean man- to improve the knowledge base and integrate the Philippines welcomed participants to the agement. He urged participants to ensure it into economic and developmental policies meeting and drew attention to the success of that this approach was replicated in other interactions between land, oceans and at- the ACOPS’ Meeting of Environment Min- countries and said that each participant mosphere still required greater research, and isters of South-East Asia which was held in should take back an agenda for working with made reference to UNDP’s role in the pro- Manila in December 1996 under his patron- national parliamentary and ministerial lead- motion of sustainable and equitable develop- age. ers. Congressman Weldon also said that it ment. Stressing once again the inseparable 8. President of the Republic was crucial that this Conference should es- link of life, water, security, oceans, and homo of Portugal highlighted the contribution of tablish a strong framework for follow up and sapiens, he expressed the hope that this time- oceans to the welfare and survival of the implementation, and that he was prepared to ly and significant conference would send a human race. He added that the Washington ensure that the USA took a lead in advanc- strong political message of paramount im- Conference and other global and regional ing this initiative at a global level. He ended portance regarding oceans and security. programmes consolidated ACOPS’ role as a by saying that by the Year 2000, a new move- 17. Dr. Kantathi Suphamongkhon pre- leading international NGO in this field. ment to protect oceans should be estab- sented the speech of Her Royal Highness 9. Lord Callaghan of Cardiff, ACOPS’ Presi- lished, and in particular, environmental Princess Professor Dr. Chulabhorn Mahidol dent and a former Prime Minister of the awareness and education should permeate of Thailand, Vice-President of ACOPS, and United Kingdom, expressed his best wishes every community, every activity and every conveyed her apologies for her absence due for this global programme. He emphasised country, in order to leave a solid legacy of a to official duties. that never before had such an illustrious clean ocean and a stable global environment. 18. Dr. Suphamongkhon then proceeded to group of top level policy makers met to dis- 14. Ms. Elizabeth Dowdeswell registered present the Princess’ remarks on what she cuss vital issues as appeared on the agenda her gratitude as Executive Director of UNEP emphasized was a landmark conference since of this Conference. for the very significant contributions of it addressed all sectors of society. She re- 10. Congressman Curt Weldon of the United ACOPS to the development of UNEP’s Ocean marked that it was a notable achievement to States, and ACOPS’ US Vice-President, ex- and Seas programmes. She said that the Con- have brought together policy makers with pressed his pleasure at being able to host the ference should provide a new vision of the different ministerial portfolios from many ACOPS’ 1997 Global Conference on Oceans oceans that incorporated such elements as countries and regions. Princess Chulabhorn and Security. He added that the USA had re- equitable participation and technological also referred to objectives and programmes newed its interest in, and commitment to, change. in Thailand, which centre on raising environ- the protection of the oceans, and that it was 15. Ms. Dowdeswell underscored her con- mental awareness and information dissemi- now time to reach the international commu- cerns. First, that the oceans could be consid- nation on environmental issues and con- nity to further promote the importance of ered as the last frontier in that there was cerns. She noted that presently Thailand was the world’s oceans. much mankind still did not know. Secondly, experiencing rapid economic and industrial H3142 CONGRESSIONAL RECORD — HOUSE May 21, 1997 growth, and there was a need to ensure that certainty and unempowerment (a perceived to world instability and many times led to such progress was sustainable, and therefore inability to improve the situation). It was conflicts drawing neighbours and allies into the Conference should highlight the impor- suggested that understanding and addressing regional turmoil. Modern military establish- tance of united economic and environmental the root causes of environmental problems ments were developing preventive defence, security concerns. She stated that remedial could improve individual and collective secu- which required understanding what condi- measures for environmental protection were rity. The causes were considered to be mar- tions had the potential of leading to instabil- more costly than preventive measures, which ket failures, failures in information and un- ity and conflict in the future, and what was argued for a holistic approach to managing derstanding, and failures in governance. Dr. needed to address those conditions early the planet. The wide range of interests rep- Mee said that if mankind was to avoid a seri- enough to make a difference. In the frame- resented in the Conference should enable it ous deterioration in human security in the work of the US military scientific efforts, to chart new routes for ocean management. 21st century, a change in many aspects of the US Navy had invested billions of dollars B. Scope and objectives of the conference lifestyle would be required in order to reduce in research that responds to military re- waste, eliminate over-consumption and to 19. The Conference was convened at the ini- quirements and needs. This research also improve the protection of natural habitats tiative of Congressman Curt Weldon, and served to address issues of great environ- and landscapes. He added that in the aquatic Lord Clinton-Davis. The purpose of the con- mental concern. The US Military had a environment, particularly urgent action was ference was to discuss the issues of environ- wealth of experience and expertise it could required to mitigate environmental security mental, food, and economic security, and re- share with the militaries of other nations. hot spots but that actions should not be lim- lated research and defense issues using a US defence environmental programmes were ited to conflict resolution. An understanding multi-sectoral approach to identify problems becoming an important tool in which to en- of the root causes of environmental degrada- gage the militaries of new democracies. All and propose solutions. With a view towards tion, coupled with individual and collective fulfilling these goals, a broad spectrum of must understand such environmental condi- commitment to take action to address them tions which may generate conflict, in order highest-ranking officials representing dif- would inevitably lead to an improvement in ferent government departments were invited that conditions for peace may be developed long-term security. Work should begin im- in their place. to participate. It was hoped that the infor- mediately. mal manner in which ACOPS’ global and re- D. Panel on oceans and seas of the Americas Food security gional conferences traditionally unfold 26. The co-moderators, Mr. , would enable participants to explore solu- 24. Dr. Scott Parsons, Assistant Deputy Administrator of the National Oceano- tions to problems in a more comprehensive Minister, Science, Department of Fisheries graphic Atmospheric Administration and independent manner than is customary and Oceans, Canada, stated that food secu- (NOAA), and Mr. Arsenio Rodriguez, Director for diplomatic conferences. rity from world fisheries and aquaculture of the Regional Office for Latin American would depend on implementation of new in- C. Introduction of the main themes of the con- and the Caribbean, UNEP, introduced the tegrated approaches to resource conserva- ference subject to be discussed in the Panel. Mr. tion and management. Production from Baker reminded participants that oceans 20. During the last part of the morning ses- world fisheries was leveling off after increas- sion, the four resource persons introduced played a key role in sustainable develop- ing by a factor of five over the past fifty ment, and that mankind was dependent on the main themes of the Conference: eco- years. Technological innovations and devel- nomic security, environmental security, food them for economic growth, food security, opment of a world market in fish products marine transport, tourism, and aquaculture, security, and research and defence issues. had combined with activities unrelated to Economic security among others. He underlined that the Ameri- fishing to place unprecedented strains on cas were endowed with unique and valuable 21. Mr. Andrew Steer, Director of Environ- world fish resources, including overfishing, marine resources. He then discussed impor- ment, World Bank, stated in his paper that habitat loss due to pollution and physical tant factors that were influenced by the economic security and the environment were degradation, and changes in the marine cli- oceans, such as climate variability, as exem- inextricably linked: poverty and market fail- mate. National and international jurisdic- plified by the El Nin˜ o phenomenon, which ures drove over-exploitation of natural re- tional arrangements favoured piecemeal ap- contributed to national security. As the sources, while rapid economic growth in the proaches to ocean management. While the world emerged from the Cold War, Mr. Baker absence of sound economic policies and regu- problems of world fisheries had become the said that there was a need to ensure civilian latory frameworks led to severe environ- stuff of headlines, innovative solutions to applications for military technology. mental degradation. Erosion of the natural these were being developed and applied, 27. Mr. Rodriguez noted that during the resource base and its productive capacity re- many involving fundamental shifts in ap- last 20 years, great progress had been made sulted in economic loss, social conflict and proach. Knowledge of how fish stocks func- in the identification and conceptualisation growing political insecurity. Nowhere was tion in an ecosystem context was increasing, of the problems and issues relevant to envi- this more apparent than in the coastal zone, thanks to advances in science. New marine ronmental and ocean management. He also where two thirds of the world population was management models such as integrated man- stated that the challenge facing the con- concentrated. agement of marine regions and increasing ference was to further integrated manage- 22. Mr. Steer went on to say that global de- use of protected areas were being developed. ment responses based on international co- pendency on coastal and marine ecosystems The widespread implementation of property operation, given the inability of resolving all for food and livelihoods, coupled with in- rights in fisheries in the form of individual problems exclusively through national re- creasing vulnerability of human settlements transferable quotas (ITQs) over the past ten sponses. However, he queried the effective- and investments to human-induced shifts in years showed that movement from theoreti- ness of existing international cooperation ocean processes such as and cal model to implementation of a fundamen- and management schemes, and said that the sea level rise, required that appropriate envi- tally new approach could be rapid. New juris- problem nowadays was implementation. ronmental management frameworks and eco- dictional arrangements at national and Moreover, there was a need to ensure that nomic policies be put in place to secure sus- international levels were coming into place, other sectors of society participate, not just tainable development of marine and coastal which would allow an integrated approach to governments. resources. Among the most important prior- ocean resource management. Perhaps the 28. The panellists were: Dr. Otis Brown, ities for the international community to en- most promising recent development was MEDEA, Dean, Rosentiel School of Marine gage in were to: (1) invest in human knowl- widespread recognition of the need for a pre- and Atmospheric Science, University of edge; (2) reform economic policies that un- cautionary approach to conservation, under Miami; Dr. Gordon Eaton, Director, US Geo- dermine sustainable use of marine resources; which conservation comes first and lack of logical Survey; Congressman Sam Farr, (3) invest directly in marine conservation; (4) certainty could not be taken as an excuse for House Agriculture Committee, California; ensure adequate funding (e.g. through the inaction. Congressman Wayne Gilchrest, Resources GEF, bilateral and multi-lateral pro- Research and defence Committee, Maryland; Hon Suwit Khunkitti, grammes); and (5) coordinate efforts region- 25. Admiral Paul Gaffney, Chief of Naval Minister for Justice, Thailand; Dr. David ally. Mr. Steer ended by saying that the Research, Office of Naval Research, USA, Lavigne, Executive Director, International World Bank, in partnership with UNDP, stated that it was readily apparent that en- Marine Mammal Association; Mr. Victor UNEP and other international players, was vironmental issues were being considered Lichtinger, Executive Director, Commission committed to supporting these objectives. more and more in the formulation of na- for Environmental Cooperation; Mr. Jose´ Environmental security tional foreign and defence policy. His presen- Vicente Mogollo´ n, Former Minister of Envi- 23. The presentation of Dr. Laurence Mee, tation dealt with two important issues relat- ronment, Colombia; Mr. Peter Mokaba, Dep- Coordinator of the GEF Programme for En- ed to environmental security, defence con- uty Minister of Environment and Tourism, vironmental Management and Protection of cerns and military scientific efforts. A mod- South Africa; Congressman Frank Pallone, the Black Sea and Chairman of ACOPS’ Ad- ern military must be concerned with envi- House Commerce and Resources Committee, visory Board on Oceans and Coastal Areas ronmental issues beyond its borders. Envi- New Jersey, USA; Senhor Carlos Pimenta, Management, examined the concept of envi- ronmental degradation, scarcity, and related Memer of the European Parliament, Presi- ronmental security with particular emphasis conditions such as increased population dent of GLOBE EU; Sen˜ or Manuel Rodriguez, on the case of international waters. Feelings growth, urbanisation, migration, and the Colombia, ACOPS’ Vice President from the of insecurity were themselves driven by un- spread of infectious diseases had contributed Wider Caribbean; Dr. Eduardo Verano De La May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3143 Rosa, Minister of Environment, Colombia; called for ACOPS to convene a Conference on Colombia and Mr. Geoffrey Holland, Chair- Congresswoman Telma de Souza, Member of the problems faced by Africa. man of OIC of UNESCO and Chairman of the Executive Committee of the Labour 37. Mr. Pimenta called on governments to ACOPS’ Advisory Board on Marine Natural Party (PT), Former Mayor of Santos, Brazil; agree to further emissions reductions within Resources Management chaired this session Mr. Ulf Svensson, Assistant Under-Sec- the framework of the Climate Change Con- of the Panel on the Pacific Ocean. retary, Ministry of Agriculture and Fish- vention given that the relationship between 45. Dr. Verano described the varied nature eries, Sweden; Congressman Curt Weldon, climate and oceans was crucial. He added of the geography of the Pacific Ocean, the Chairman, Sub-Committee of Research and that sources of pollution and sea degradation richness of its resources, the diversity of its Development of the Committee on National required permanent international action, culture and the dynamism of its economies. Security, House of Representative, Congress and cited as an example tanker washing just Nearly 20 of the world’s largest cities are lo- of the USA, and ACOPS’ Vice-President from beyond EEZ boundaries. Greater enforce- cated on the Pacific coasts which are threat- the USA. ment was generally needed. ened by population growth pollution, loss of 29. Minister Khunkitti stressed the inter- 38. Mr. Manuel Rodriguez considered that valuable habitat and deterioration of the relation of marine resources and problems the major problem concerns implementation coastal environment. Mr. Holland recalled and informed participants that Thailand had of existing instruments and declarations, several of the points made in the previous established national structures to address and that the major obstacle is one of politi- day’s discussions that would be important to cal will. Moreover there was a need to in- these issues in the Thai seas. pursue for the Pacific. In particular, the size 30. Mr. Eaton spoke of work carried out by crease public awareness. He went on to speak of the Pacific emphasized the need for co- the U.S. Geological Survey and said that about the conflicts of interest that existed operation and resources for ocean observa- these activities were of great relevance for between stakeholders and users of land and tion, addressing poverty must be an essential marine resources, which should be addressed. addressing diverse concerns related to ocean part of environmental solutions, a pre- Resolution of such conflicts required consen- management. cautionary approach must be adopted for 31. Congressman Farr celebrated the pres- sus at the national level. fisheries and a preventative policy for indus- 39. Mr. Verano affirmed that the lack of fi- ence of representatives from so many gov- trial and agricultural policies. nancial resources was not the only factor ernments and sectors, although lamented the 46. The panelists were: Hon. Senator leading to a lack of progress and action, absence of press and media. He noted that Heherson Alvarez. Phillippine Senate and given the need for a clear definition of issues ACOPS’ Vice President from East Asia; Mr. this was indicative of the need to involve and for greater consensus building between more people in environmental issues, as well Jong Hwa Choe, Counsellor, Embassy of scientists and politicians. He also addressed Korea; Ambassador John Fraser, Environ- as to bring politics to the local level. More- the need to internalise environmental over, given the present downsizing tendency ment Ambassador, Ministry of Foreign Af- externalities which affect marine and coast- fairs and International Trade, Canada and and the increasing competition for scarce al resources. however, financial agreements funds, it was necessary to define measurable ACOPS’ Vice President; Mr. Joemari D. between north and south were needed. Gerochi, Under-Secretary, Chief Executive goals. 40. Congresswoman Telma de Souza pre- 32. Congressman Gilchrest highlighted the and Legislative Liaison Officer, Department sented a detailed description for the pro- of Agriculture, Republic of the Philippines; need to exchange information, and to ensure gramme for beach recovery implemented in that it is disseminated to elected politicians Mr. Ian Kiernan, Chairman, Clean up the the city of Santos, which had received inter- World and ACOPS’ Vice-President from Aus- and communities around the globe. He added national recognition. As a concrete example that population growth was not matched by tralia; Dr. Mok Mareth, Minister of Environ- what political will could achieve, she af- ment, Kingdom of Cambodia; Mr. Tsuyoshi a parallel increase in natural resources. firmed that such will should also be 33. Mr. Lavigne declared that a gulf existed Maruyama, Director of Ocean and Earth Di- globalised. vision at the Science and Technology Agency in fisheries management between theory and 41. Mr. Svensson manifested Europe’s in- (STA), Japan; Congressman Dana practice. Management should take into ac- terest in the oceans of the Americas, and Rohrabacher, House Science Committee, count not only scientific considerations, but noted that issues such as food security were California, USA; and Mr. R. Tucker Scully, also public opinion, political realities, and affecting all regions alike, in many cases Director, Office of Ocean Affairs, US Depart- cultural and economic considerations. More- leading to open conflicts. He suggested that over, there was a need to give scientists ment of State. the year of the Ocean be one of full coopera- 47. Congressman Rohrabacher highlighted greater independence so that their advice tion between regional fisheries the need to utilize military technology in and work was not compromised by political organisations. He also addressed the issue of the fight for the environment and quality of decisions. He strongly urged the implemen- the lack of scientific data, which could limit life. He saw an equally valuable opportunity tation of the precautionary approach and the possibility of applying the precautionary in the application of space technology for that priority was given to conservation approach to fisheries. He noted that the re- the resolution of ocean problems. Senator goals. lease of military data had doubled the Alvarez, commented that the security of a 34. Mr. Lichtinger stressed that the issues amount of information available. He af- maritime nation such as the Philippines was of freshwater and of shared water resources firmed that there was a need to focus on the dependent on the security of its adjacent would be of the greatest importance in the consequences of environmental degradation oceans. Cooperation in the region is impor- next century. Mankind faced great problems as well as on the links between fisheries and tant and ACOPS had great value in promot- of scarcity, yet no attempts had been made the marine environment, and concerns such ing communications. An unfortunate situa- to deal with the issue. Water should be used as direct habitat destruction. He noted that tion existed in the South China Seas where in a more efficient and wise manner, and mankind had before it a series of necessary disputes over the sovereignty of several water consumption should therefore be institutional reforms. small islands was leading to military inter- 42. Mr. Brown presented a description of measured. This objective also depended on ventions by the disputing parties, and was the Medea Mission for releasing previously active public participation. hampering joint efforts and actually harm- 35. Mr. Mogollo´ n affirmed that sweeping classified data. He noted that one of its ob- ing the environment. generalisations could not be made in the en- jectives was to provide advice on use for data 48. Ambassador Fraser reminded the meet- vironmental sphere, as illustrated by a suc- derived from natural security systems, in ing that although participation is such a cessful programme adopted in Colombia order to attain a greater understanding of high level gathering was a privilege it also which led to an increase in mangrove acre- the environment, and especially to oceanog- carried a responsibility. Actions were re- age. He went on to refer to the need for raphy. quired. The Ambassador challenged the con- 43. At the conclusion of the Panel, Con- greater financing of environmental conserva- cepts that job creation and environmental gressman Weldon noted with satisfaction tion schemes. protection were alternative choices. On the that the Conference had begun very success- 36. Mr. Mokaba began by stating that envi- contrary, in the long term, addressing envi- fully, with the endorsement of four heads of ronmental management was about change, ronmental problems would conserve econo- state. He asserted that the suggestion of and added that attention should be paid to mies and prosperity. the linkage between land activities and holding a combined ACOPS and GLOBE con- 49. Senator Gerochi reiterated the impor- oceans. He stated that it was important to ference, with ministerial and parliamentary tance of the ocean to the Philippines, in par- generate a sense of ownership and participa- participation was excellent. Equally, a con- ticular to the fisheries. The Philippine Gov- tion in people in order to achieve good re- ference should be held, as suggested by Mr. ernment had introduced legislation that had source management. However, he reiterated Mokaba, to showcase environmental issues sustainable development as an operating that sustainable economic development de- in Africa. He added that the bipartisan sup- principle. Many mechanisms for fisheries pended on good environmental management. port evidenced for this conference showed management were being adopted at all juris- In the context of trade, he said that the third there was a will for forging ahead on these dictions of government down to local level. world finds itself excluded from trade ar- issues, and that he was interested in propos- 50. Mr. Kiernan brought the concept of peo- rangements and relegated to the periphery, ing to NATO allies and other countries that ple power to the debate. He explained that to and stated that an African renaissance de- their military data also be declassified and bring the environment to the highest prior- pended on greater opportunities for com- shared with the international community. ity, one had a empower the public. His own merce. Economic security would also be E. Panel on the Pacific Ocean initiative of ‘‘Clean up the World’’ had been strengthened by developing interregional 44. The co-moderators, Dr. Eduardo Verano taken in 110 countries and involved 40 mil- trade between Africa and South America. He de la Rosa, Minister of the Environment of lion people. H3144 CONGRESSIONAL RECORD — HOUSE May 21, 1997 51. Mr. Mareth spoke of the problems in Prof. Vladimir Tetelmin, Deputy Chairman House for 1 minute and to revise and Cambodia that his country was trying to ad- of the Committee on Ecology of the State extend his remarks.) dress as quickly as possible. A strategy had Duma, Russian Federation, and Coordinator Mr. FARR of California. Mr. Speaker, been adopted to tackle coastal zone issues. for ACOPS’ Russian Programme, and Prof. I rise to bring attention to the con- 52. Mr. Maruyama brought the perspective Vitaly Lystsov, Chairman of ACOPS’ Arctic of a developed country to the table. He spoke Working Group chaired this session of the ference that my distinguished col- of the high priority Japan accords ocean re- Panel on Oceans and the Russian Federation. league, the gentleman from Pennsylva- search, technology and observations. Japan The panellists were: Dr. James Baker, Ad- nia [Mr. WELDON] just talked about. We is also supporting the cooperation between ministrator, National Oceanographic and At- are very blessed in this country to be the space-based and in situ ocean measure- mospheric Administration (NOAA), USA; surrounded by oceans and pay a lot of ments. Mrs. Siri Bjerke, State Secretary of the Min- attention to it, but we really do not 53. Mr. Scully reminded the meeting of the istry of Foreign Affairs, Norway; Mr. Mi- pay enough attention because the seas intergovernmental agreements that had been khail Faleev, Deputy Minister of the Russian of the world are important to keep us motioned since the Rio Conference. In his Federation for Civil Defence, Emergencies opinion, the UN Convention on the Law of and the Elimination of Consequences of Nat- alive. This is a water planet, we are, 78 the Sea (UNCLOS), which came into force in ural Disasters (EMERCOM); Ms. Sherri percent of this globe is water and it is 1994, formed the basis for subsequent agree- Goodman, Deputy Under Secretary of threatened. ments. In particular, the several fisheries Defence (Environmental Security), USA; Dr. b 1715 agreements, signed and awaiting ratifica- Ljubomir Jeftic, Chairman, ACOPS’ Advi- tion, were a direct follow-up of the UNCLOS sory Board on Pollution Control and Preven- One thing that we found out in this provisions. Regional agreements on fisheries tion; Prof. Dr. Willem J Kakebeeke, Assist- conference is that everybody in the and other environmental issues were an im- ant Director General for the Environment, world agrees with that and wants to do portant adjunct to global conventions Ministry of Housing, Physical Planning and something about it. If we could just 54. Finally, Mr. Choe, described the situa- Environment, The Netherlands; Admiral Igor dedicate enough of our commitment to tion in Korea, which had a huge 10% of its Kasatonov, First Deputy Commander-in- research and science using the mili- economy related to the marine environment. Chief of the Russian Navy and Chairman of Environmental security was an obvious pri- Section No. 2 on Sea and Ocean Studies in tary, using the scientific community, ority of his country. the Russian Federation Committee on the academic community, using the 55. In summing up, the moderators agreed Science and Technology; Dr. Laurence Mee, commercial community, and unlock on the following highlights from the discus- Coordinator, GEF Programme for Environ- the information about the ocean, at sion and recommended actions: mental Management and Protection of the the same time to gather a lot more. In Disputes amongst countries are an obsta- Black Sea, and Chairman, ACOPS Advisory fact, this country spends more on cle to environmental cooperation and their Board on Oceans and Coastal Areas Manage- resolution is therefore important to the reso- studying the seas of outer planets than ment and Policy; Mr. R. Tucker Scully, Di- we do in studying our own seas, and lution of regional environmental problems. rector, Office of Ocean Affairs, Department ACOPS was seen as a valuable mechanism of State, USA; Mr. Vitaly Sevastianov, Mem- that is wrong. to enhance cooperation and communication ber of the State Duma, President of GLOBE, The gentleman from Pennsylvania amongst nations. Both technology and re- Russia; Colonel Viktor Sheremetyev, Min- [Mr. WELDON] did an incredible job for search are required to address environmental istry of Defence, Russian Federation; Sen- this country by leading this conference problems so that knowledge and capability ator Ted Stevens, Senate Appropriations in the last 3 days. And I just want to are used together. Committee Chairman, Alaska, USA; Con- urge all of my colleagues, Republicans Global fisheries agreements are now in gressman Curt Weldon, Chairman, Sub-Com- place awaiting ratification, setting the agen- and Democrats alike, that this is not a mittee of Research and Development of the partisan battle, this is a world struggle da for future work. More needs to be done to Committee on National Security, House of protect pelagia and fish habitat. Representatives, Congress of the USA, and to try to keep our oceans clean, to try Regional agreements are an effective way ACOPS’ Vice President from the USA; Dr. to keep our atmosphere from getting for nations to cooperate on environmental Leslie Whitby, Director of Environment and overheated so that the oceans will rise, issues. Governments need to harmonise their Renewable Resources in the Northern Affairs we know those things are going to hap- policies to ensure the effective interaction of Programme, Canada; and Congressman Don pen. We have to combat it. I thank the the respective agreements. Young, House Resources Chairman, Alaska, Governments need to act now and will need gentleman from Pennsylvania [Mr. USA. WELDON] for his leadership and I look much public pressure to initiate appropriate The panel discussed ——— actions. forward to working with my col- H. Presentation of recommendations and the Po- leagues. F. Panel on the Indian Ocean tomac Declaration f 56. Mr. Peter Mokaba, Deputy Minister of Congressman Curt Weldon, Dr. Jeftic, Prof. Environment and Tourism of South Africa Per Wramner, and Dr. Sebek chaired this SPECIAL ORDERS and Mr. Terry Jones, Director of Multilat- session which was devoted to the presen- eral Affairs of the Ministry of Foreign Af- tation of the draft recommendations. The The SPEAKER pro tempore (Mr. fairs, Planning and Environment of Recommendations are attached to this re- GILLMOR). Under the Speaker’s an- Seychelles chaired this session of the Panel port as Annex II. nounced policy of January 7, 1997, and on the Indian Ocean. The draft of the Potomac Declaration was under a previous order of the House, 57. The panellists were: Prof. Dr. Khosla prepared on the basis of presentations and the following Members will be recog- Ashok, President, Development Alternatives, statements made during the meeting and on nized for 5 minutes each. India; Mr. Joseph Belmont, Minister for Ad- the basis of position papers distributed at f ministration and Manpower, First Minister the Conference and other relevant materials. Designate, Seychelles; Dr. Robert Corell, The draft of the Potomac Declaration was The SPEAKER pro tempore. Under a Head of Geoscience Directorate, National discussed in detail and numerous amend- previous order of the House, the gen- Science Foundation, USA; Mr. Bernardo ments were agreed upon. The Potomac Dec- tleman from North Carolina [Mr. Ferraz, Minister for the Coordination of En- laration is presented in Annex IV of this re- JONES] is recognized for 5 minutes. vironmental Affairs, Mozambique; Congress- port. [Mr. JONES addressed the House. His man Peter King, House Foreign Affairs Com- H. Closing of the conference mittee, New York, USA; Dr. Mok Mareth, remarks will appear hereafter in the Minister of Environment, Kingdom of Cam- The closing session, at which short state- Extensions of Remarks.] ments were made by ———, was chaired by bodia; Mr. Philip Reynolds, Manager, Strate- f gic Initiative for Ocean & Coastal Manage- ———. It was agreed that the Conference was a ment, UNDP; Congressman Chris Smith, A SPECIAL TRIBUTE TO THE LATE great success and that it was not important House Foreign Affairs Committee, New Jer- GOVERNOR PETER TALI COLE- to implement the recommendations con- sey, USA; and Dr. Plodprasop Suraswadi, Di- MAN OF AMERICA SAMOA tained in the Potomac Declaration. rector General of the Fisheries Department, The SPEAKER pro tempore. Under a Ministry of Agriculture and Cooperatives, f previous order of the House, the gen- Thailand. FURTHER REPORT ON CON- 58. The panel discussed ——— tleman from American Samoa [Mr. FERENCE OF ADVISORY COMMIT- G. Panel on oceans and the Russian Federation FALEOMAVAEGA] is recognized for 5 TEE ON PROTECTION OF THE minutes. Dr. Alexander Solovyanov, Deputy Chair- SEA man of the State Committee on the Protec- Mr. FALEOMAVAEGA. Mr. Speaker, tion of the Environment of the Russian Fed- (Mr. FARR of California asked and I rise to honor the memory of a distin- eration and Senior Policy Adviser to ACOPS, was given permission to address the guished Pacific leader, the late May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3145 Uifa’atali Peter Coleman, former Gov- to serve as governor in the Pacific. He Furthermore, by the authority vested in ernor of American Samoa, who passed held that position until 1961. me by the constitution and laws of American away last month after a long battle When American Samoa held its first Samoa as executive head of this territory, I with cancer. A dedicated public servant gubernatorial election in 1977, he ran hereby order the flag of American Samoa to for office and became the first elected be flown also at half staff. I would also like with more than 50 years of public serv- to ask all the departments, agencies, and of- ice, Governor Coleman was our first Governor, a position which he held fices of the American Samoa Government American Samoan statesman, a Pacific three times. During his elected years in and the people of American Samoa to ob- American with a truly regional vision. office, he continued to forge close ties serve in the most appropriate manner and It is that vision for which he will al- between the territory government and custom befitting the occasion of the passing ways be remembered by our people. Washington DC and with Federal and of this great leader. He was someone important for whom State agencies and institutions. He was In witness whereof I set my hand and seal I had tremendous respect. Governor responsible for American Samoa’s on the 28th day of April, 1997, at Utulei, American Samoa. Coleman was always cordial and cour- membership in both the National Gov- ernors Association and the Regional TAUESE P.F. SUNIA, teous to me and always extended the Governor of American Samoa. hand of friendship. Although we dis- Western Governors Association. In 1980 agreed on certain issues, we agreed on he became the first territorial Gov- [From the Hawaii Star-Bulletin, Apr. 29, many others, and among them the im- ernor to serve as chairman of the West- 1997] ern Governors Conference. He was portance of a strong American presence PETER COLEMAN, ‘‘MAN OF THE PACIFIC’’ elected a member of the executive com- in the Pacific region. (By Mary Adamski) I learned from him how to handle the mittee of the NGA in 1990. As a regional leader, Mr. Speaker, HONOLULU.—Peter Tali Coleman was called stress of political life, how to take the ‘‘a man of the Pacific’’ in one of the many Governor Coleman’s record is equally storms in stride and never make a dis- honorary degrees he was awarded, but that agreement into a personal matter. He distinguished. He co-founded the Pa- was not a fanciful title. It would serve as a was the kind of individual of whom po- cific Basin Development Council in 1980 summary of his life. litical opponents like former Governor and was its first elected President in He was the first Samoan to be appointed 1982. In 1982 he hosted and chaired the governor of American Samoa, a US territory A. P. Lutali could say, ‘‘Uifa’atali and South Pacific Commission’s annual and later the first elected governor there. I may have been adversaries in politics, conference in Pago Pago, American His service as governor bridged five dec- but in life we were always friends.’’ ades, first from the appointment in 1956–61, Mr. Speaker, Governor Coleman ex- Samoa. At a special SPC meeting in 1983 and later in a conference in to three elected terms, the most recent end- emplified all the traits of a true Sa- ing in 1993. moan leader. He was a soldier and a Saipan, he argued strenuously for He spent nearly 17 years as an American warrior, a pioneer and a man of vision, equal membership in SPC for Pacific appointee in administrative roles in the territories. This he ultimately was suc- a statesman and a man of wisdom. He former U.N. Trust Territories of Micronesia. cessful in obtaining for the territories. Then he served as an advisor to the govern- possessed that quality which Samoans He was two times a member of the ment and the emerging Western Pacific na- value most in our leaders, that of tofa standing committee of the Pacific Is- tions as they gained independence. He found- mamao, which denotes a leader with a lands Conference of Leaders. He was on ed PTC Inc., a government relations firm sense of vision or understanding and the founding board of the Pan-Pacific specializing in Pacific island matters, was anticipating future events. Above all, Alliance for Trade and Development the Republican national committeeman from Governor Coleman was a humble per- American Samoa, and an attorney. and a founding member of the Offshore Coleman, 77, died yesterday (Monday) at son who thought less of how he would Governor’s Forum. be remembered in the future than of his Honolulu home after a two-year struggle His regional stature was widely ac- with cancer. what he could accomplish today. knowledged, Mr. Speaker. In 1970 he ‘‘He was early recognized as a leader and Uifaatali Peter Coleman was born on was granted an honorary degree by the will be remembered as one of the forerunners December 8, 1919, in Pago Pago, Amer- University of Guam, who cited him as in the Pacific among native-born leaders ican Samoa. He received his elemen- a ‘‘Man of the Pacific.’’ In 1978, he re- who helped their nations chart their own tary school education in Tutuila and ceived an honorary doctorate from destinies,’’ said Hawaiian Governor Ben graduated from St. Louis High School Chaminade College in Hawaii. Pacific Cayetano. ‘‘His contribution will be long and recalled in Honolulu, where he joined the Na- Magazine called him, ‘‘a man who is tional Guard and enlisted in the U.S. with respect and affection.’’ probably on a first name basis with ev- Governor Tauese P.F. Sunia of American Army at the beginning of World War II. erybody from the heart of the Pacific Samoa ordered the United States and Amer- Assigned to the Pacific theater, he was islands to their most distant corners.’’ ican Samoa flags to be flown at half-staff for stationed in the Solomon Islands, Mr. Speaker, I recently attended the 30 days in Coleman’s home islands. Sunia Vanuatu and Hawaii. By the end of the funeral services which were held for will attend services in Honolulu next week, war, he had risen to the rank of cap- Governor Coleman in Hawaii. I am very according to his Chief of Staff. tain. In 1982, for his military service, glad to note that our Governor Tauese ‘‘There is no question of Peter Coloman’s he was inducted into the U.S. Army Of- P. Sunia and his lovely wife Faga were place in history, not only in American ficers’ Candidate School Hall of Fame Samoa, but throughout the Pacific,’’ said in attendance at the services. Addition- Sunia in a message to the Coleman family. in Fort Benning, GA. ally, the President of the Senate, High ‘‘I am proud to say I knew him, that I After the war, Governor Coleman en- Chief Lutu Tenari Fuimaono and his worked for and with him, and that I wit- rolled in Georgetown University, and wife Sinira, the Speaker of the House, nessed the progress and change he brought to in 1949 he received a bachelor of science High Chief Mailo Sao Nua. American Samoa.’’ degree in economics from that institu- In closing, Mr. Speaker, I would like Kitty Simonds, Executive Director of the tion. While in college he worked as a to offer my condolences to Governor Western Pacific Regional Fisheries Manage- staff secretary to a Member of Con- Coleman’s dear wife Nora and his chil- ment said: ‘‘He really knew the heart of the gress, became a member of the U.S. dren. I am sure that the proud legacy Pacific people.’’ She recalled Coleman’s ef- Capitol Police Force and in what was which he left them will live on in their fort to affirm native islanders’ fishing rights, a move not popular with the American fish- then the Office of Territories at the hearts and in the hearts of all the peo- ing industry or the tuna packing firms in U.S. Department of the Interior. He be- ples of the Pacific. Pago Pago. came the first Samoan to my knowl- PROCLAMATION City Councilman Mufi Hanneman said: ‘‘He edge to receive a law degree from a Pursuant to the authority vested in the was definitely a role model for many major U.S. university. After that, he Governor of American Samoa, under the flag Samoans. Through his example, he embodied returned to American Samoa, where he code prescribed by the Congress of the Unit- the best ideals and values of a public states- became the first Samoan to serve as ed States of America shall be flown at half man.’’ D.E. ‘‘Rags’’ Scanlan, president of Royal public defender and later became attor- staff as a mark of respect and a tribute to the memory of Uifa’atali Peter Coleman, Guard Security, said Coleman was ‘‘distin- ney general. former Governor of American Samoa, and guished by his work for the betterment of all In 1956, he was appointed Governor of one of the fathers of the government and the in the South Pacific.’’ Scanlan whom Cole- American Samoa by President Eisen- territory of American Samoa from April 28, man tapped to coordinate relief efforts after hower, one of the first Pacific Islanders 1997, until May 28, 1997. a 1991 hurricane devastated Samoa, said the H3146 CONGRESSIONAL RECORD — HOUSE May 21, 1997 man was ‘‘very unpolitical. He was in poli- get teased and slapped in the head by the the Cuban people feel under the Castro tics but wasn’t a politician, he worked be- other kids. dictatorship. Unfortunately, the Amer- hind the scenes.’’ One time my brother Milton ran away ican people never learned of this story J.E. Tihati Thompson of Tihati Produc- from home because he didn’t want his hair in the so-called mainstream media. It tions said: ‘‘I will always respect him for the cut. Anyway he finally returned home when assistance he gave not only to the people of he got too hungry. And of course the rest of was not in the major newspapers, nor Samoa, but also to the Tokelau people of us promptly reported him to Dad. Misery in the television networks. Why? Be- Swains Island Atoll while in office. He grew loves company. Milton got his spanking, cause the press prefers to promote Cas- into a very gracious statesman who many which made us gleeful and after his haircut, tro’s propaganda of Cuba as a tourist would consult for political advice.’’ lost his appetite. paradise rather than exert some effort As kids we didn’t fully appreciate that in reporting the repression subjected [From the Samoa News, May 15, 1997] those haircuts showed Dad to be a true vi- on the people of the island every day. A EULOGY IN MEMORY OF PETER TALI sionary. Today these haircuts are considered Just this past Sunday, the Washing- COLEMAN fashionable and quite stylish with the ton Post travel section had a lengthy younger crowd. Dad was ahead of his time. (The following eulogy was presented by piece on how to travel to Cuba. The Mom was always behind the scene, provid- William Patrick ‘‘Dyke’’ Coleman at the re- ing her strengths to support Dad and the story’s author, Elinor Lander Horwitz, cent funeral of his father, former Governor family. For all this intelligence, strength of could barely control her excitement Peter Tali Coleman. Dyke was Governor character and self-discipline, his sense of about being in the forbidden island as Coleman’s chief of staff in his most recent humor was how he kept life in perspective, she walked past children engulfed in administration (1989–1993).) Dad introduced us to Samoa during the everything in balance. poverty, the deteriorated beauty of Ha- He used humor to fend off criticism, to summer of 1952 when we first arrived in Pago vana, and the lack of the most basic laugh with others, to tolerate the inflated Pago Harbor on board the Navy transport needs such as soap that the Cuban peo- egos his line of work brought, and even to vessel the USS Jackson. We kids were just ple endure daily. laugh at himself. His sense of humor was his overwhelmed and excited by the beauty of The author soothes her guilt of, as way of remaining within himself. the Harbor and the majesty of the surround- One day when he was still at Queen’s Hos- she calls it, of having a good time ing mountains on that July morning. while being surrounded in this poverty Grandma Amata had accompanied us on pital I went to visit with him. He had just awakened and I there making loose talk by handing out two pesos to a poor the trip from Honolulu and Chief Tali, Aunty Cuban child. Oh, wow. Now she can re- Mabel and Snookie and other family mem- and joking with him. I told him casually bers were there to welcome us. that Amata had called earlier from Washing- turn once again to her paradise vaca- The living quarters we were assigned to ton. tion. was the old nurses’ quarters at Malaloa. the He asked what she had wanted. I told him Throughout the article, not one house was spacious, wide open and struc- she asked how he was doing and that he word, not one single word, is men- turally sound and we kids loved it. Mom and should start thinking about the governor’s tioned about the destruction caused on Dad learned later that these quarters had race for the year 2000. He laughed so hard he Cuba by the Castro tyranny and the cried. been condemned but that really never both- misery that has resulted from it. How- ered us because we didn’t know what that God bless you. f ever, she makes sure to provide tips on meant and didn’t care anyway. how to circumvent the United States To Dad, as long as the family’s safety and CUBA’S REPRESSIVE REGIME health were not being compromised, the embargo in order to travel to Cuba. label was of no consequence and the con- The SPEAKER pro tempore. Under a I wonder, Mr. Speaker, what led demned house he viewed as a minor, tem- previous order of the House, the gentle- these refugees I have described earlier porary inconvenience that was not worth woman from Florida [Ms. ROS- tonight to leave the paradise that this complaining about. LEHTINEN] is recognized for 5 minutes. author so aptly describes? Is it the lack The house, for now, served our purposes. Ms. ROS–LEHTINEN. Mr. Speaker, of human rights under Castro, the lack He adapted and taught us to do the same. this past week we were once again re- of civil rights under the last totali- Don’t get hung up on the minor things. He tarian dictatorship of the hemisphere? never lost focus of his larger destiny. minded of the lengths that the Cuban people will resort to to sink freedom The complete mismanagement of the Things that would bother many of us never Cuban economy by the Communist seemed to bother him. He handled criticism from the repressive regime. Eleven the same way. Those who knew him well can Cuban refugees were rescued by the ex- elite, the complete control of the popu- attest to that. He reserved his energies for cellent men and women of our United lation by Castro’s police state? I ven- life’s larger problems. States Coast Guard after being spotted ture to say that it was a combination Only he knew that, very soon thereafter, by an aircraft of the humanitarian of all of these put together. he would occupy the best house on island, Cuba remains, whether the Washing- group, Brothers to the Rescue. the governor’s mansion. Occupying the gov- ton Post or other publications admit The refugees had spent 17 days in an ernor’s house itself was not the goal. He as- it, a repressive totalitarian state. Just isolated area of the Bahamas known as pired to lead his people and never lost focus ask Ana Maria Agramonte, a promi- Dog Key. Dog Key, Mr. Speaker, is of that objective. nent Cuban dissident who was recently Dad practiced law during these early days nothing but a rock, a big rock in the sentenced to 18 months in prison for and his clients would often instead of cash middle of the ocean. pay him with live chickens and pigs. The contempt against the regime. It is For 2 weeks the refugees had little to clear that the paradise as portrayed by house was the perfect place in which to learn drink or to eat. They ate snails and and develop responsibility to raise and care the Washington Post must feel like for them. birds to survive in the middle of the hell for Ms. Agramonte and the rest of Of course some of these animals soon be- ocean. her compatriots who have to endure came pets. We had a pet pig named Porky One of the refugees, Rolando Mar- Castro’s brutality. that we let into the house all the time, and tinez Montoya, would break snail Let us hope that the press will one Grandma Amata would get angry and chase shells with his teeth so that his chil- day wake up to the horrors of the Cas- the pig out with a broom. On school days dren who accompanied him on this hor- tro’s tyranny, to the repressive police Porky would always greet us when we got rible journey would be able to at least state, to the complete lack of, and the home. One day Porky didn’t meet us. We eat the inside of the snails. combed the entire area around the house and violation of the most basic of civil the mountainside. We couldn’t find him. Unfortunately, Mr. Martinez’ daugh- rights. Dad had now become Attorney General and ter, Camilla Martinez, only 4 years old, Mr. Speaker, I insert for the RECORD we kids had become so upset and distraught and his step daughter, only 13 years the article from the Washington Post that Dad called the police force to help look old, died at Dog Key last week. by Elinor Lander Horwitz which I ear- for our pig. We never found Porky. We knew Twenty-six-year-old Leonin Ojeda lier referred to. he ended up in someone’s umu. It took a long Rivas also died after complaining of [From the Washington Post, May 18, 1997] time for us to get over that loss. chest pains soon after trying to swim RETURN TO A FORBIDDEN ISLAND Dad used to cut our hair, even after he be- toward a passing ship in a desperate at- came Governor. His haircuts made us very IN IMPOVERISHED CUBA, NOTHING—AND sad and we cried every time we had to get tempt to be rescued. EVERYTHING—HAS CHANGED one. We wanted to look like Elvis but ended Mr. Speaker, the tragic search of (By Elinor Lander Horwitz) up looking like Fred Flintstone. The hairline these Cuban refugees for freedom por- Maritza smiles wistfully and passes her was almost always uneven and so we would trays the picture of desperation that tongue slowly over her lips. ‘‘The ‘52s and May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3147 ‘53s are best,’’ she says. ‘‘Fifty-four was not while we held hands across the table and Restaurant food ranges from so-so to bad. so good a year, but ‘55—it was really excel- blissfully dug into dinner. The Cubans we invited to dine with us all lent.’’ She’s not talking wine: She’s talking Maritza is amused by my honeymoon tales. chose paladares—the small, often-excellent Chevrolets. First stop on our 1996 tour is the Ambos restaurants families are now permitted to Parked randomly along a street near the Mundos. The hotel was closed for many years run in their own apartments. Families li- Plaza de Armas in Havana’s old city, where and has been in the process of renovation for censed to establish a paladar may set up no she has taken me sightseeing, is a particu- many more. The place is entirely gutted and more than 12 chairs, arranged in whatever larly dense grouping of 40- to 50-year-old a man on the ground is sending a small buck- grouping of tables they prefer. Some American cars, predominantly Chevrolets et of plaster up to the fifth floor on a pulley- paladares have signs, but most are known plus one Dodge, an Oldsmobile, a Buick and and-rope contraption. A pamphlet I’ve only through word of mouth. You ring a a Plymouth. These are not rich people’s col- picked up says that you can learn about the doorbell and enter a lobby, push the button lectibles. They are poor people’s means of life of Ernest Hemingway by staying there. for the proper floor and walk into someone’s transportation. Maritza, a Cuban woman ‘‘Ambos Mundos Hotel will open up in sum- living room, where tables are prettily set whom a friend had urged me to contact, mer 1996 with 53 rooms of which 4 suites,’’ it and family members graciously rush to serve casts a connoisseur’s eye on a red-and-white, promises, but it is now fall, and it still looks you. wide-finned 1953 relic parked next to her like it’s going to be a while. At one paladar, we are seated on a breezy midget 1972 Polish-made Fiat. How in the Nearby, in the palace occupied by Batista balcony, overlooking the water. At another, world do the owners get replacement parts? way back then, is the Museo de la a particularly pleasant three-course dinner She laughs at my simple-minded question. Revolucion. There are photographs of the with assorted tasty appetizers set up on a ‘‘We make them, we improvise,’’ she says. rebels in the mountains, bloody shirts and small buffet table, a roast lamb entree and ‘‘Cubans are very good mechanics.’’ pants, canteens, rifles, the engine of an dessert of a rich fig pudding costs $12 a per- I feel caught in a time warp. The decaying American plane shot down over the Bay of son, including beer and coffee. Chevys—the very ones I might have seen hot Pigs, and other mementos of turbulent These paladares, named for a family-run off the assembly line more than four decades times. One display, titled in English ‘‘The restaurant dubbed Paladar in a popular Bra- ago—suddenly take on the status of meta- Hall of Cretins,’’ features huge, cartoonish zilian TV sitcom, are one of the few forms of phor for the once elegant, now deteriorating figures of Batista in military garb, Ronald self-employment now permitted in Cuba. city. This is the second visit my husband, Reagan dressed as a cowboy and George Bush Since they accept payment only in U.S. dol- Norman, and I have made to Havana. The dressed as a Roman senator. Above the fig- lars, paladar owners have the means to buy first, a few years before the 1959 revolution, ure of Reagan, the caption says, ‘‘Thank you a wide range of foods at the hard-currency was on our honeymoon. I was a college stu- cretin for strengthening the Revolution.’’ stores. dent-bride who longed to go abroad, and Ha- Bush’s caption is, ‘‘Thank you cretin for con- The Hemingway shtick is still going strong vana was the only patch of abroad we could solidating the Revolution.’’ here. Several restaurants and bars in the old afford. And it was so easy to get there! In the nearby Plaza de la Catedral, city claim to have been his favorite. One of This time we arrived via three tedious craftspeople hawk costume jewelry, these, the tiny crowded La Bodeguita del flights: Washington to Miami, Miami to Nas- maracas, woodcarvings and other knick- Medio, a block from the cathedral, still has sau, and Nassau to Havana. With long waits knacks. Che Guevara’s face appears on key ambiance aplenty. Since the 1920s, customers in between. We carried impeccable visas and rings, ashtrays and T-shirts. have carved their names on wood paneling, letters from the U.S. Treasury Department Why doesn’t Castro’s face appear on T- and there’s no more space. Above the bar is and our sponsoring organization verifying shirts and key rings? I ask Maritza. ‘‘It a blow-up of a scrawled message by the great our permission to visit (there are severe re- wouldn’t be respectful,’’ she says, and it’s man himself. ‘‘The best mojitos are at the strictions for U.S. citizens trying to travel impossible to determine whether her inflec- Bodeguita,’’ it reads. ‘‘The best daiquiris at to Cuba). Norman, a neurosurgeon, was com- tion is dead serious or mocking. the Floridita. Ernest Hemingway.’’ ing as a volunteer with an international re- I am trying hard to recapture the city I re- Squeezed into a corner, in full view of this lief agency in a program it runs jointly with member. One afternoon Norman and I jour- snippet of immortal prose, we order a mojito. the Cuban Ministry of Heath. He would spend ney uptown to peek furtively into the splen- It arrives in a tall glass, jammed with what a week conferring with colleagues, examin- didly tiled lobby of the Hotel Nacional, fear- appears to be seaweed but is, in fact, very ing patients, teaching interns and residents, ful of being accosted and asked whether we soggy mint, and filled with a watery rum, lemon and sugar mixture. An and presenting research material. I was li- are paying guests. (Reopened and refurbished undistinguished meal is tossed at us irrita- censed to tag along. Earlier participants in after years of being shut down, the hotel is bly. It is almost heartening to find that the program had given us the names of peo- as handsome and crowded as ever.) We gape at the splendid Spanish colonial mansions on there still are tourist traps in Havana. ple they’d met here, which is how I came to Just about everything is in short supply in the tree-lined avenues of the Vedado and know Maritza and a number of other engag- this underdeveloped island country. Every- Miramar districts. And then we retreat to ing Habaneros. one is short of soap, and I lift a few tiny bars We had always hoped to return to Havana the colorful narrow streets and shady from the hotel maid’s cart and pass them and, according to the laminated Cubana Air- squares of Old Havana, where we remember along to my new friends. All food is rationed. lines boarding pass I handed over as I Cubans strolling, singing aloud. Our memo- Staples—rice and beans—are cheap and abun- boarded the flimsy-looking old Russian plane ries of this are so vivid, it must have been dant, although milk is available only for in Nassau, the feeling was mutual. ‘‘Cuba te true, although there is no evidence of such children under 7. At the Hotel Victoria, the espera,’’ it said in decorating script. ‘‘Cuba is today. milk is made from powder and manages to be West of Old Havana is the Vedado neigh- waiting for you.’’ The bright yellow card was foamy and lumpy at the same time. Meat, borhood and our hotel, the Victoria, which is decorated with three red hearts. chicken and fish are not generally available, The 1950s Cuba, under the repressive rule of across the street from a row of picturesquely and at the time of our visit, the egg ration Fulgencio Batista, had plenty to offer Amer- decaying Spanish colonial mansions, now oc- was seven a month. Each person is permitted ican tourists. It was romantic, and it was cupied by many poor families. Up close, one piece of bread a day. glossy! Most people stayed in the pricey and things aren’t quite so picturesque. Laundry Cubans call this a periodo especial, a spe- glamorous Hotel Nacional, with its luxurious hangs from the windows, balusters are miss- cial period that date from the dissolution of accommodations, highly regarded dining ing from the galleried rooftops, stairs are the Soviet Union in 1991 and the sudden ces- room and nightclub, and private talcum pow- broken, garden statues are headless, yards sation of what had been lavish subsidies. der beach. We stayed at the Ambos Mundos are littered with trash. Nothing has been Gas, electricity, public transportation—all on Obispo Street, in the heart of Old Havana. painted or repaired in decades. And ventur- are in very short supply. When the periodic Hemingway, still very much alive when we ing out at night onto the darkened, crum- blackouts occur, not only the lights go out, first visited the island, had lived in the bling sidewalks and streets—where hordes of but also the water, which is pumped by elec- Ambos Mundos while writing—depending on bikes without lights scoot by—is dangerous tricity. your informant—either ‘‘A Farewell to whether or not you encounter the street The glittering and bustling tropical city I Arms’’ or ‘‘For Whom the Bell Tolls.’’ We crime everyone warns about (we didn’t). remember is a drab and quiet place today. ogled the room he had occupied, dined at the Tourism has been revived in Havana, and For decades, there has been no money to rooftop restaurant where he had often dined, crowds of Europeans, Asians, South Ameri- maintain buildings and streets. Automotive and drank daiquiris at the Floridita, which cans, Canadians and a much smaller number traffic is light at all times. Gas, at $4 a gal- we were assured was his favorite bar. When of Americans can be seen in the more cele- lon, is too expensive for most Cubans, who we had dinner at a sidewalk cafe, ragged brated restaurants. There is the luxurious earn on average $12 to $15 a month. children came up to the table and begged for new Melia hotel, a joint venture be- I ask a highly placed government official the bread on our table. We gave them that tween Cuba and Spain; much talk of further what he hopes, expects, fears the future will and pesos and smiles, and we told each other foreign investment in tourism; and work is bring if Castro, now a fit-looking 70-year-old, it was wrong to be having such a good time going on around the clock on a new airport. retires? He laughs at the notion of retire- in a country where so many lived in uncon- Baseball games and performances by the ex- ment. ‘‘When Fidel dies,’’ he says, ‘‘people scionable splendor while others didn’t have cellent national ballet company provide won’t be ready for raw capitalism. That’s enough to eat. And then a man with a guitar stimulating entertainment, yet information certain. They think they want more free en- strolled over to our table and began to sing about schedules is difficult to glean. terprise, but they are too accustomed to free H3148 CONGRESSIONAL RECORD — HOUSE May 21, 1997 education and health care to ever give that One of the best known, Marazul Tours (4100 research and education, assistance for up. It will be some sort of socialism. Park Ave., Weekauken, N.J. 07087, 1–800–223– caregivers, multi-generational foster ‘‘Don’t misunderstand,’’ he adds, when I 5334), will advise you about eligibility and care, firearm child safety lock require- ask about the one piece of bread a day. the procedure for obtaining a Treasury li- ments, school construction, and in- ‘‘things here are difficult now, but there is cense. Once you obtain the license, the agen- absolutely no question that life under cy will provide a visa, plane tickets and creasing economic security for fami- Batista was far worse for most Cubans. What hotel reservations. For groups, it can set up lies. you have to recognize is this: Cuba has al- a program in Cuba if needed. The gentlewoman from Oregon [Ms. ways had one corrupt form of government or Visa information also is available from the HOOLEY] has contributed legislation to another.’’ Cuban Interest Section, 2369 16th St. NW, promote multi-generational foster While we are in Havana, everyone is talk- Washington, D.C. 20009, 202–797–8518. care. That is building on something we ing about the International Trade Fair, an Despite the restrictions, there are indeed annual event that showcases products from American tourists in Cuba. Plane tickets to do in Oregon very successfully. The countries worldwide (72 of them at this fair). Cuba and a visa—a separate tourist card— gentlewoman from California [Ms. Finally, I decide to go to the new exposition can be obtained in Canada, Mexico or the Ba- MILLENDER-MCDONALD] has included grounds outside the city with Roberto, a hamas. But beware. Attempts to catch U.S. the Firearm Child Safety Lock Act. translator for the medical program that tourists returning from Cuba have been This is an act which says that the child brought us to Cuba. The fair is jammed with stepped up, and U.S. Customs officials may safety lock must be placed on guns sold people. Cuba is displaying pharmaceuticals, now greet you in Nassau or Cancun as you in America. rum and , and there are sparkling new step off your flight. cars from Japan and France, shoes from f The gentlewoman from New York Italy, tablecloths from Mexico, furniture [Mrs. LOWEY] has included the partner- from Canada and children’s clothing from CHILDREN’S NATIONAL SECURITY ship to rebuild America’s schools. One Panama. As Roberto seats himself longingly ACT time, Mr. Chairman, the schools of behind the wheel of a shiny little yellow Fiat The SPEAKER pro tempore. Under a America were the pride of America, but mounted on a revolving stand, my eye falls previous order of the House, the gentle- they are crumbling today. The General on an Argentinean food exporter’s display of Accounting Office has estimated we Oreo cookies, Ritz crackers, Libby’s Vienna woman from Oregon [Ms. FURSE] is rec- Sausages, Wrigley gum, M&M candies, ognized for 5 minutes. need $112 billion to repair them. Kellogg’s Frosted Flakes and Froot Loops. Ms. FURSE. Mr. Speaker, tomorrow I Will Cuban children get to eat Froot Loops am introducing a very important piece b 1730 despite the U.S. embargo? Roberto rolls his of legislation, and I am joined by 14 of eyes, but declines further comment. my Democratic women colleagues. My contribution to the bill is a pri- I buy lunch at a sunbaked outdoor cafe, This legislation is called the Children’s vate insurance reform legislation and we dine greedily on a cholesterol night- called Kids Only. It will require that mare of fried chicken, french fries, beer and National Security Act, and I want to spend a few minutes this evening tell- insurance companies provide an afford- ice cream. Four musicians—two guitar play- able policy to cover children from birth ers, a man on a bongo and another on ing my colleagues about it. maracas—suddenly appear at my elbow, grin- I am sure we all remember the to age 16. These are available in Or- ning with mock flirtatiousness and breaking phrase, women and children first. Well, egon, and they should be available into the songs their fathers sang to diners in sometimes I think that we have forgot- across the Nation. the cafes of Obispo Street in the 1950s: ten that phrase and we think only of I believe it is time to change the ‘‘Besame Mucho’’ and ‘‘Perfidia.’’ I am over- children last. focus of our priorities, to reflect that come with nostalgia and tip generously, and national security means providing chil- they repeat the two songs over and over. And I just got a recent report of the state then, with almost manic zest, they break of America, and our priorities and chil- dren a quality education, access to into a long song about Che Guevara. dren do not do very well in that. We health care, and a safe place to live and The next day, at the airport gate, waiting are first in military technology, we are learn. We cannot continue to invest in hours for our return flight, we Americans— first in defense expenditures, but we outdated Cold War weapons systems doctors, missionaries, journalists—exchange were 18th in infant mortality, 17th in while we neglect our children. stories about the charm of the people we’ve low birth weight rates, and we are very Our bill will improve the lives of met and the hardships we’ve witnessed. No last in protecting our children against one has answers. America’s children. It provides real na- The airport’s air conditioning has been gun violence. In fact, of the 26 industri- tional security by addressing our chil- turned off to save electricity. Everyone is alized nations, the deaths of U.S. chil- dren’s critical needs. There is wide hot and avid to leave. But everyone wants to dren account for three out of four from agreement now that we must balance return ‘‘someday.’’ gun violence out of all 27 nations. the Federal budget, but as we balance ‘‘Bring soap,’’ we remind each other. ‘‘Next So my bill is a conglomeration of lots it, we must make tough fiscal choices. time don’t forget to bring everyone a few of very good pieces of legislation. It is The National Children’s Security Act bars of soap.’’ about priorities and funding what is is about priorities, funding what is WAYS & MEANS really important to our Nation’s fami- truly important to our Nation’s fami- Tourist travel to Cuba is severely re- lies. lies. stricted by the U.S. government. To travel President Clinton said in his State of As Congress makes those tough fiscal to Cuba legally, Americans must have a the Union Address this year, education passport and visa and obtain a license from decisions necessary to balance the the Treasury Department’s Office of Foreign is a critical national security issue for budget, we must consider our real na- Assets Control (1500 Pennsylvania Ave., NW., our future. The problem is that his tional security, our children. The Washington, D.C. 20020, 202–622–2480). OFAC budget request called for $234 million Democratic women in the House of has a fax-back system (202–622–0077) offering more for the military than it does for Representatives have joined together a dozen documents detailing the guidelines education. to provide for children’s access: Access associated with travel to Cuba. In the bipartisan budget agreement to health care, a safe environment, a Those who may visit Cuba under an official adopted by the House, over half of our quality education. The Children’s Na- Treasury Department license include: jour- discretionary spending for the next 5 nalists who are regularly employed by a tional Security Act puts our children news organization; official government trav- years, in fact, 52 percent will go to the first, and that, Mr. Speaker, is exactly elers; members of international organiza- Pentagon. That means that everything where they belong. tions of which the United States is also a else must be divided up of the 48 per- member, traveling on official business; per- cent. Fifteen Democratic women Mem- f sons making a once-a-year visit to relatives bers have joined together and we have in Cuba in circumstances of extreme human- submitted 24 pieces of legislation in The SPEAKER pro tempore. Under a itarian need; and travelers who have received this omnibus bill. The Children’s Na- previous order of the House, the gen- specific licenses from OFAC before they go. tional Security Act is deficit-neutral, tleman from Georgia [Mr. GINGRICH] is These legitimate travelers can bring home recognized for 5 minutes. $100 worth of Cuban goods. it is funded with savings from the Pen- A number of air and travel providers are tagon. [Mr. GINGRICH addressed the House. authorized by the Treasury Department to Among the initiatives included are His remarks will appear hereafter in arrange trips to Cuba for qualified travelers. health insurance for kids, health care the Extensions of Remarks.] May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3149 IN MEMORY OF MARGARET Lesher’s tireless commitment to the The SPEAKER pro tempore. Under a LESHER–THORSTENSON betterment of the community. previous order of the House, the gen- The SPEAKER pro tempore. Under a Barry Jekoywski, the conductor of tleman from New York [Mr. LAFALCE] previous order of the House, the gentle- the California Symphony in Contra is recognized for 5 minutes. woman from California [Mrs. Costa County and associate conductor [Mr. LAFALCE addressed the House. TAUSCHER] is recognized for 5 minutes. of the National Symphony here in His remarks will appear hereafter in Mrs. TAUSCHER. Mr. Speaker, the Washington, captured the essence of the Extensions of Remarks.] Tenth Congressional District of Cali- Margaret Lesher’s dedication to the f fornia was shocked and saddened last arts when he said that she believed in The SPEAKER pro tempore. Under a week by the untimely death of one of the vision and importance of the arts previous order of the House, the gen- its true community leaders, Margaret in the community, especially for fami- tleman from California [Mr. HORN] is Lesher-Thorstenson. Some might say a lies and children. recognized for 5 minutes. shining light was dimmed in Contra Today her memorial service is taking [Mr. HORN addressed the House. His Costa County with the passing of Mar- place at the Dean Lesher Regional Cen- remarks will appear hereafter in the garet Lesher. I say the light will con- ter for the Arts, the very center that Extensions of Remarks.] she was instrumental in establishing. tinue to burn bright through her many f gifts of generosity, kindness, and Over 1,000 people are expected to attend friendship. today’s service to pay tribute to the IN HONOR OF ASIAN PACIFIC As individuals and as a community, first lady of Contra Costa County. AMERICAN HERITAGE MONTH we are richer for having had Margaret It is difficult to explain to my col- The SPEAKER pro tempore. Under a Lesher in our lives. Mrs. Lesher was an leagues what a special and unique per- previous order of the House, the gentle- extraordinary woman who had many son Margaret Lesher was. Many peo- woman from Hawaii [Mrs. MINK] is rec- facets to her life: A mother, wife, busi- ple’s lives have been touched and ognized for 5 minutes. nesswoman, philanthropist, and friend. blessed by her spirit, warmth, and Mrs. MINK of Hawaii. Mr. Speaker, I rise to In each role she exemplified a spirit of kindness. pay tribute to notable accomplishments by voluntarism and generosity that all of Here on the House floor, I would like Asian Pacific Americans as Asian Pacific us constantly strive to achieve. In to extend my deepest sympathy to American Heritage Month is commemorated every cause or endeavor upon which Margaret’s husband, Collin here in the Nation's Capital and in other cities she embarked, she would give 110 per- Thorstenson, and her daughters Tricia nationwide. The annual celebration of this cent of herself. Throughout all of her Ryan Simonds, Wendy Alvs, Roxanne month of meaningful observance stems back community service, Margaret Lesher Gibson and Jill Heidt. This is a very to 1978, and is now carried on under Public realized that her family and friends difficult time for her family and all of Law 102±450, which permanently designated were her foundation. Contra Costa County, an area that con- the month of May upon finding that ``Asian and I had the occasion to meet Margaret sidered itself part of Margaret Lesher’s Pacific Americans have contributed signifi- Lesher through the Battered Women’s family. cantly to the development of the arts, Alternative of Contra Costa County, a With some poetic license, I will bor- sciences, government, military, commerce, Contra Costa organization dedicated to row the words of Robert Frost to cap- and education in the United States.'' aiding and assisting women in need. ture the inspiration and dedication Comprising nearly 10 million, or 3.7 percent In 1990 she established the Margaret Margaret inspired within all of us: of the U.S. population, Asian Pacific Ameri- Lesher Transitional Housing and Em- Two roads diverged in a yellow wood, cans rank among the highest in our edu- ployment Center. She not only gave fi- And sorry I could not travel both and be one cational institutions, hold high political office nancially to the program, but she also traveler, and log advances in . Accord- spent countless hours meeting and Long I stood and looked down one as far as ing to the U.S. Census Bureau, in 1994, near- talking to the women who went I could, ly 90 percent of Asian Pacific Islander men through the center. Mrs. Lesher was al- To where it bent in the undergrowth; Then took the other, just as fair, and 80 percent of Asian pacific Islander ways there to listen and support any- Two roads diverged in a wood, and I took the women aged 25 years and older had at least one who needed her help. one less traveled by, a high school diploma. In addition, an esti- As first vice president for Lesher And that has made all the difference. mated 46 percent of men and 37 percent of Communications, the newspaper chain At a time when it was not popular to women had at least a bachelor's degree. founded by her late husband, Dean support causes like battered women’s Median income of Asian and Pacific Islander Lesher, she strove to make the papers alternatives, Margaret Lesher took a households in 1995 was $40,614. Business an accurate reflection of the character path that most would not have ven- ownership figures show that the number of and personality of Contra Costa Coun- tured down. She neither sought appro- businesses owned by Asian and Pacific Is- ty. Mrs. Lesher worked side by side bation nor applause. In fact, many of landers increased 56 percent between 1987 with her husband to make the publica- her wonderful deeds never received and 1992, from 386,291 to 603,439. tion one of the most successful in Cali- public attention. She simply wanted to Asian Pacific American visibility in govern- fornia. Even after the newspapers had make Contra Costa County a better ment is also on the rise. My State of Hawaii been sold, the current owners have car- place for all of its residents. In the end, boasts the first Filipino-American Governor, ried on the exemplary quality estab- the paths she chose were eventually Benjamin Cayetano. Chinese-American Gary lished by Dean and Margaret Lesher. the paths that all of us have followed. Locke succeeded in his bid for Governor of Not many people knew that Margaret The many wonderful contributions Washington State in last year's elections. In Lesher authored music and lyrics for 40 Mrs. Lesher gave to our community addition, there are 23 State Senators in Colo- copyrighted songs and 14 poems. In 1982 will continue to thrive and flourish rado, Hawaii and Oregon, and 40 State Rep- she was honored with the Bronze Halo through the foundation established in resentatives in Arizona, California, Hawaii, Award of Special Merit from the south- her and Dean’s name. We will miss her New Hampshire, New York, and Washington ern California Motion Picture Council warmth and presence within our com- State. The membership of this body includes for her contributions as a writer, song- munity, yet the light of her spirit will five Asian Pacific Americans, as well as two in writer, and vocalist. These talents in- live forever in all the good that she has the Senate, Senators Daniel Akaka and Daniel spired her to begin a wonderful collabo- done. Inouye. ration with the arts and the commu- Of particular note are Asian Pacific Ameri- f nity. cans who, through singular dedication to the Through the Dean and Margaret The SPEAKER pro tempore. Under a greatness of our Federal Government, have Lesher Foundation, the magnificent previous order of the House, the gen- thrived and risen to positions of prominence in building bearing the family name tleman from Utah [Mr. HANSEN] is rec- Federal departments and agencies. The fol- houses the California Symphony, the ognized for 5 minutes. lowing is a list of top-ranking Asian Pacific Diablo Ballet, and other theatrical [Mr. HANSEN addressed the House. Americans in the 14 Federal Departments: groups. The center, along with many His remarks will appear hereafter in Agriculture: Lon Hatamiya, Administrator of other buildings, are symbols of Mrs. the Extensions of Remarks.] Agricultural Marketing Service, and Jeremy H3150 CONGRESSIONAL RECORD — HOUSE May 21, 1997 Wu, Deputy Director, Office of Civil Rights, : Ronald D. Lee, Health Promotion; Kathleen A. Buto, Associate Departmental Administration. General Counsel, National Security Agency. Administrator for Policy, Health Care Financ- Commerce: Hoyt Zia, Chief Counsel, Bu- Department of the Army: Lieutenant General ing Administration; Eva T. Jun, Director, Office reau of Export Administration. Eric Ken Shinseki, Deputy Chief of Staff for of Computer and Communication Services, Defense: Fred Pang, Asst Secretary of De- Operations & Plans; Brigadier General Edward Bureau of Data Management and Strategy, fense for Force Management Policy. Soriano, Director, Office of Personnel Man- Health Care Financing Administration; Lillian Education: Terry Dozier, Special Advisor to agement, U.S. Total Army Personnel Com- T. Yin, Director, Division of Reproductive, Ab- the Secretary (on teacher issues). mand; Dr. Jagdish Chandra, Director, Mathe- dominal, Ear, Nose and Throat and Radiologi- Energy: Dr. Sun Chun, Special Assistant to matical & Computer Sciences Division, U.S. cal Devices, Office of Device Evaluation, Cen- Assistant Secretary for Fossil Energy, and Army Research Office; Kisuk Cheung, Chief of ter for Devices and Radiological Health, Food Thomas T. Tamura, Principal Deputy Assistant Military Engineering, U.S. Army Corps of Engi- and Drug Administration; and Philip S. Chen, Secretary of Human Resources. neers, Military Programs Directorate; Dr. Jr., Associate Director for Intramural Affairs, Health & Human Services: Dennis Hayaski, Bhupendra P. Doctor, Director, Division of Bio- National Institutes of Health. Director, Office of Civil Rights. chemistry; William K. Takakoshi, Special As- US Department of Housing and Urban De- Housing & Urban Development: Robert sistant to the Under Secretary of the Army, Of- velopment: Roberta Ando, Chief, Asset Man- Santos, Secretary's Representative in . fice of the Secretary of the Army; and Dr. Interior: Danny Aranza, Deputy Director, Of- agement Branch; Thomas Azumbrado, Chief, Renu Virmani, Chairperson, Department of Production Branch; John Chin, Supervisory fice of Insular Affairs. Cardiovascular Pathology, Armed Forces Insti- Justice: Michael Yamaguchi, U.S. Attorney, Systems Accountant; Tzylai Chong, Special tute of Pathology. Northern California, and Rose Ochi, Director Project Officer; Min Li Chung, Systems Ac- Department of the Navy: Dr. Kia Ling Ngai, of Community Relations Service. countant; Virginia Der, Budget Analysis; Senior Theoretical Solid State Physicist, Naval Labor: Donna Onodera, Regional Director, Ronaldo Dizon, Supervisory Computer Spe- Research Laboratory; and Dr. Bhakta B. Rath, Workers' Compensation Division. cialist; Cornelio Galdones, Supervisory Com- State: William H. Itoh, Ambassador to Thai- Associate Director, Materials Science and puter Specialist; David Hashimoto, Super- land. Component Technology, Naval Research Lab- visory Equal Opportunity Specialist; Carl Kao, Transportation: K. Sharma oratory. Attorney Advisor General; Lily Lee, Housing (Mr.), Administrator, Research & Special Pro- Department of the Air Force: Dr. C. I. Program Officer; Robert Leong, Attorney Advi- grams Administration. Chang, Director of Aerospace & Materials sor General; Patrick Liao, Director Single Treasury: Valerie Lau, Inspector General. Sciences, Air Force Office of Scientific Re- Family Division; Eliza Lo, Supervisory Contract Veterans' Affairs: H. David Burge, Jr., Direc- search; and Allen M. Murashige, Chief Sci- Specialist; Lawrence Mcghee, Management tor, National Ctr for Veterans Analysis and entist, Directorate of Command and Control; Analysis; Satinder Munjal, General Engineer; Statistics. and Dr. Joseph H. Shang, Senior Scientist. Dung Nguyen, Executive Assistant; Nita To acknowledge the achievements of Asian US DEPARTMENT OF EDUCATION Nigam, Budget Analysis; Jim Park, Executive Pacific Americans in our Federal agencies, I Members of Education Department-related Assistant; Sandra Pavolka, Supervisory Equal requested a list of the 10 top-ranking Asian Commissions and Boards: Rajen Anand, Na- Opportunity Specialist; Alfredo Santos, Com- Pacific Americans in each agency, and these tional Committee on Foreign Medical Edu- puter Specialist; Robert Santos (top ranking), are the reported listings: cation & Accreditation; Paul Antony, National Secretary's Representative in Seattle; Tsou U.S. Department of Commerce: Betty L. Committee on Foreign Medical Education & Liang Tang, Structural Engineer; Bam Viloria, Barker, Deputy Director, Bureau of Economic Accreditation; Jose Evangelista, National Supervisory Attorney Advisor General; and Analysis; Tong S. Chung, Director, Advocacy Committee on Foreign Medical Education & Pamela Walsh, Program Manager. Center, International Trade Administration; Accreditation; Kenji Hakuta, National Edu- US Department of Treasury: Valerie J. Lau Gurmukh S. Gill, Director, Office of Business cational Research Policy & Priorities Board; (top ranked), Inspector General; Jacqueline J. and Industrial Analysis; George Mu, Commer- Mitsugi Nakashima, National Assessment Wong, Senior Advisor to the Assistant Sec- cial Officer, Career Minister, U.S. & Foreign Governing Board; Lynne Waihee, National In- retary (Tax Policy); Harry T. Manaka, National Commercial Service; Jin F. Ng, Deputy Group stitute for Literacy Advisory Board; and Grace Director, Collection Field Operations, Internal Director, Patent and Trademark Office; Yuan, Civil Rights Reviewing Authority. Revenue Service; Deborah Melody Chew Sumiye Okubo, Director, Office of International Department Staff/Personnel: Therese Nolan, Deputy Assistant Commissioner (Inter- Macroeconomic Analysis; Nancy L. Patton, Knecht Dozier (top ranking), Special Advisor national), Internal Revenue Service; Helen H. Deputy Assistant Secretary, Asia and the Pa- to the Secretary (on teaching); Natarajan K. Bolton, Special Assistant to the Commissioner, cific; Potarazu K. Rao, Senior Scientist for En- Gounder, Senior Computer Specialist; Dr. Ed- Internal Revenue Service; Robert D. Ahnee, vironmental Satellite, Data, & Information ward K. Fujimoto, Deputy Director of Commu- District Director, Northern California District, Service; Usha S. Varanasi, Science and Re- nications, Office of Public Affairs; Jeanette Internal Revenue Service; Delora Ng Jee, search Director, Northwest Region; and Hoyt Lim, Senior Executive Service; M. Theresa Deputy Comptroller for Large Case Super- H. Zia (top ranking), Chief Counsel, Bureau of San Agustin, Research Associate, Office of vision, Office of the Comptroller of the Cur- Export Administration. Special Education and Rehabilitative Services; rency; and James D. Kamihachi, Senior Dep- U.S. DEPARTMENT OF DEFENSE Ricky Takai, Senior Executive Service; Melvin uty Comptroller, Economic and Policy Analy- Office of the Secretary of Defense: Fred- DeGuzman, Computer Specialist, Office of the sis, Office of the Comptroller of the Currency. erick F.Y. Pang (top ranking), Assistant Sec- Chief Financial Officer; Thomas Hibino, Equal US Equal Employment Opportunity Commis- retary of Defense for Force Management Pol- Opportunity SpecialistÐSupervisor; Samuel sion: Paul M. Igasaki, Vice Chairman; Sallie T. icy; Belkis W. Leong-Hong, Deputy Assistant Peng, Statistician; and Sharif Shakrani, Stat- Hsieh, Director of Information Resources Man- Secretary of Defense of Plans and Resources, istician. Office of the Assistant Secretary of Defense of agement; Raj K. Gupta, General Attorney Command, Control, Communications & Intel- US DEPARTMENT OF HEALTH AND HUMAN SERVICES (Civil Rights); Mark Wong, Policy Analyst; ligence; Austin K. Yamada, Director, Special Political Appointees: Dennis W. Hayashi Kenneth W. Chu, Supervisory Attorney Exam- Advisory Staff, Ofc of the Under Secretary of (top ranking) Director, Office for Civil Rights; iner (Civil Rights); Daniel K. Chang, Computer Defense for Policy, Office of the Deputy for Irene Bueno, Deputy Assistant Secretary for Scientist; John C. Chang, Supervisory Com- Policy Support; and Julita Aviles, Associate Di- Legislation (Congressional Liaison); Deborah puter Specialist; Indu Kundra, Program Ana- rector for Policy Division, Office of the Under Chang, Director of Legislation, Health Care Fi- lyst; and Wallace Lew, Attorney Advisor (Civil Secretary of Defense (Comptroller). nancing Administration; Regina Lee, Deputy Rights). Defense Intelligence Agency: John K. Director, Office of Refugee Resettlement, Ad- US General Accounting Office: Judy A. Eng- Kiehm, Chief, Office of Logistics Services, De- ministration for Children and Families; and land-Jospeh, Director of Housing and Commu- fense HUMINT Service DHM. Jennifer Chang, Acting Director of Intergovern- nity Development Issues; Thomas J. Schulz, Defense Special Weapons Agency: Joan M. mental Affairs, Administration for Children and San Francisco Regional Manager Designee; Pierre, Director for Electronics & Systems. Families. Kwai-Cheung Chan, Director of Special Stud- Department of Defense Education Activity: Career Senior Executive Service: Evelyn S. ies and Evaluations; Allen Li, Associate Direc- Vernon M. H. Chang, Associate Director for Ohki, Senior Advisor to the Deputy Assistant tor of Defense Acquisition; and Helen H. Management Services. Secretary for Health, Disease Prevention and Hsing, Director of Congressional Relations. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3151 US Office of Personnel Management: Dory tained in the past year. We are a growing part Words to commemorate Asian-Pacific Amer- E. Zamani, Supervisory Financial Management of this diverse nation and will only continue to ican Heritage Month are fine, but action is bet- Specialist; Wesley H. Shimamura, Supervisory increase the number of successes we are able ter. Join with me in demanding justice and eq- Personnel Management Specialist; Deborah A. to celebrate. I would like to extend to all a uity for Filipino World War II veterans. Kendall, Special Assistant, Congressional Re- happy Asian Pacific American Heritage Month. lations; Linda M. Watson, Personnel Staff f f Specialist; James J. Tsugawa, Personnel The SPEAKER pro tempore. Under a The SPEAKER pro tempore. Under a Management Specialist; Lina A. Savkar, Em- previous order of the House, the gen- previous order of the House, the gen- ployee Development Specialist; Phong V. Ngo, tleman from Florida [Mr. GOSS] is rec- tleman from Michigan [Mr. CAMP] is Program Analyst; Teresa Chi Chao Yang ognized for 5 minutes. recognized for 5 minutes. Huang, Computer Systems Analyst; James [Mr. GOSS addressed the House. His Hong, Supervisory Personnel Staffing Special- [Mr. CAMP addressed the House. His remarks will appear hereafter in the ist; Jeri T. Hara, Personnel Management Spe- remarks will appear hereafter in the Extensions of Remarks.] cialist; Jaime P. Espiritu, Computer Systems Extensions of Remarks.] Analyst; May S. Eng, Statistician, Survey; f Esterlita De Leon Cueto, Systems Accountant; COMMEMORATE ASIAN-PACIFIC f Sherman M. Chin, Personnel Management HERITAGE MONTH BY HONORING Specialist; and Susai Anthony, Computer Pro- THE FILIPINO WORLD WAR II ASIAN-PACIFIC AMERICAN grammer Analyst. VETERANS Social Security Administration: Glennalee HERITAGE MONTH The SPEAKER pro tempore. Under a Donnelly, Senior Executive Service, Assistant The SPEAKER pro tempore. Under a previous order of the House, the gen- Deputy Commissioner, Office of Programs and previous order of the House, the gen- tleman from California [Mr. FILNER] is Policy; Tina Sung, Senior Executive Service, tleman from California [Mr. MATSUI] is recognized for 5 minutes. On Assignment to the National Performance recognized for 5 minutes. Review; Leslie S. Chin, Division Director, Of- Mr. FILNER. Mr. Speaker, and colleagues, I fice of Systems; Dinesh Kumar, Executive As- rise today to commemorate Asian-Pacific Her- Mr. MATSUI. Mr. Speaker, I am honored to sistant to the Associate Commission for Tele- itage Month by speaking of a group of true he- join my colleagues in commemorating Asian- communications and Systems Operations; roes of World War IIÐthe Filipino World War Pacific American Heritage Month and recog- Yuan Jye Liu, Supervisory Computer Special- II veterans. nize the many achievements and contributions ist, Office of Hearings an Appeals; Donna Y. Upon arrival in Congress, I soon learned Asian-Pacific Americans have made to our Mukogawa, Assistant Regional Commissioner about the plight of the Filipino World War II country. I would also like to thank my col- for Processing Center Operations, Chicago, Il- veteransÐmany of whom have died and oth- league from Hawaii, Representative PATSY linois; Chih Yuan D. Wang, Computer Special- ers who are now in the twilight of their years. MINK, for arranging this special order. ist, Office of the Commissioner; Seung H. An I learned that these soldiers were drafted to The month of May was permanently des- Actuary, Office of the Actuary; Lyman Goon, serve in our Armed Forces by an executive ignated Asian-Pacific American Heritage General Attorney, Office of the General Coun- order of President Roosevelt. I learned that Month in 1992. Since then, it has become a sel; Gordon C. Gonzalez, Field Office Man- they defended the American flag in the now- wonderful opportunity to recognize the many ager, Pasadena, Texas; Alan W. Heim, Field famous battles of Bataan and Corregidor. I ways in which Americans of Asian and Pacific Office Manager, Anchorage, Alaska; Li Ming learned that thousands of Filipino prisoners of Islander descent have enriched our Nation. I Koo, Senior Computer Systems Specialist, Of- war died during the Bataan death march and would like to take this moment to reflect on fice of Hearings and Appeals; Kenneth M. while imprisoned under inhuman conditions. I the diversity and richness that have so bene- Lew, Supervisory Criminal Investigator, Office learned that their actions foiled plans for a fited our country. of the Inspector General; Jane Y. Lim, Field quick takeover of the region and allowed the Asian and Pacific Islanders have a rich his- Office Manager, Parsippany, New Jersey; Sze United States the time needed to prepare tory in America that spans over 150 years. As Jui Lui, Medical Officer, Office of Human Re- forces for victory in the Pacific. immigrants Asian and Pacific Islanders sources; Martin W. Long, General Attorney, Then I learned, unbelievably, that soon after brought with them unique skills and abilities Office of the Regional Chief Counsel, Dallas; the war was over, Congress voted to take that enhanced the diversity and richness of Maynard K. Malabey, Supervisory Manage- away the benefits and recognition that these our society. Asian-Pacific Americans added to ment Analyst, Office of Operations; Thomas J. Filipino veterans were promised, in the Re- the fabric of our culture through the sharing of McCullough, Field Office Manager, Sarasota, scissions Act of 1946. values, customs, and perspectives. These Florida; Gloria L. Tong, Program Analyst, Of- Filipino World War II veterans and their fam- same immigrants helped build our rapidly fice of the Commissioner; Yen T. Tra, Senior ilies have been waiting for over 50 years for growing Nation during the turn of the century, Computer Systems Specialist, Office of Hear- the justice, recognition, and benefits that they expanding industries and cultivating farmland ings and Appeals; Jack H. Trudel, Supervisory so richly deserve. I am proud that the Presi- in the West. Auditor, Office of the Inspector General, Rich- dent and Congress took the first step last year mond, California; Wanda H. Waldman, Field to restore their dignity by resolving to recog- Over the years, the American experience Office Manager, Santa Ana, California; Mitchi nize these brave veterans for their contribu- transformed Asian immigrants as they have in A. Weger. Field Office Manager, San Antonio, tions to the successful outcome of the war. turn transformed America. We, as a nation of Texas; and Mark E. Young, Field Office Man- Now it is time to complete the job. Last immigrants, have shared the same hopes and ager, Bremerton, Washington. year, over 100 Members of this body signed the same dreams. As a diverse people, Asian- US Agency for International Development: on as cosponsors to the Filipino Veterans Eq- Pacific Americans have enriched our national Kumar Krishna, Program Analyst; Carla uity Act. This year, I have joined with Con- character. In every area of society, from the Montemayor Royalty, Administrative Officer; gressman BEN GILMAN to reintroduce this leg- arts to business, people of Asian and Pacific Gloria Steele, Program Analyst Officer; Rod- islation (H.R. 836)Ðand we believe it is time Islander ancestry have excelled. In the proc- ney S. Azama, International Trade Specialist; to hold hearings on the issue of equity for Fili- ess, Asian-Pacific Americans have become an Paula Y. Bagasao, Senior Advisor; Dirk W. pino World War II veterans. integral part of our country's past, and of our Dikjerman, Support Program Officer; and What better way to celebrate Asian-Pacific country's future. Kiertisak Toh, Foreign Affairs Officer. American Heritage Month than to take action As one of the fastest growing groups in the My warmest congratulations to all of these on behalf of the Filipino World War II veterans, Nation, recent Asian-Pacific American immi- individuals, and other Asian Pacific American many of whom have become citizens of the grants infuse a passionate sense of optimism Federal employees not listed, for their labor United States. in the American dream. America has benefited and accomplishments. What better way than to finally correct a from their collective energy and vision. As As Chair of the Congressional Asian Pacific monumental injustice and to restore the bene- these immigrants embrace the ideals and tra- Caucus, I am pleased to commend the Asian fits promised to the Filipino World War II veter- ditions of American life, we must also embrace Pacific American community for all it has at- ans for their defense of democratic ideals. them and the diversity and new ideas they H3152 CONGRESSIONAL RECORD — HOUSE May 21, 1997 bring with them. It is clearly in our national in- the next few weeks, they will rec- were for the pharmaceutical, cosmetic, terest to extend to them the same opportuni- ommend that one tribe in Washington and consumer electronics industry. He ties and equalities that attracted all of our an- State and several tribes in British Co- was the first American to serve as the cestors here. lumbia be allowed to kill a limited director of FINAT, a worldwide print- Asian-Pacific American Heritage Month is a number of whales. ing and graphics arts association, and celebration of our heritage and our contribu- Mr. Speaker, we have to look at this was director of the Tag and Label Man- tions, but it is also a time for reflection. Amid the way it really is. These are very in- ufacturers Institute of the United the accomplishments of the past we must also telligent animals. They are very intel- States. remember the struggles and discrimination ligent animals. They are tolerant He assumed the head of operations of that Asian-Pacific Americans had to overcome. today, but when any killing takes his family-owned company at the age We must use this opportunity to redouble our place and there is blood in the water of 26, after the death of his father. An commitment to the goals that have been the and a whale thrashing around, let me outstanding graduate of the William cornerstone of our Nation's great historyÐto tell the Members, those animals are Penn Charter School and the Carnegie build a country of equal opportunity and where gone. They will not let another boat Mellon University of Pittsburgh, he people of all nations would be accepted. near them. They will not let you come was a 32d degree Mason who served as Asian-Pacific Americans are said to embody within a mile, as soon as that starts. chairman of the board of directors of the values of hard work, commitment to family, It is today an excellent tourist indus- Shriners Hospital in Philadelphia for 35 and pursuit of education. These are not exclu- try. It is nonpolluting, it is very posi- years, and was a director of the Ma- sively Asian values, but values we all cherish. tive, it is a great experience. People sonic Homes in Lafayette Hills, which During this month of celebration we must plan to now begin killing whales again, was really his vision and his dream. In strive to uphold these ideals, because the and they do not plan to eat these 1978 he served as Potentate of the LuLu celebration of Asian-Pacific American Heritage whales; this is not an historic use of Temple Shrine Club in Plymouth Meet- Month is ultimately a celebration of America. the whales. It happens that gray ing. Because more than anything else, we are all whales are worth about $1 million each But above all, this was a compas- Americans. in Japan. sionate man who cared deeply about f There is another problem. In addition his family, his community, his profes- to the possible devastation of an indus- sion, and each individual he met and WHALE-WATCHING INDUSTRY ON try that employs a lot of people, and as with whom he came in contact. He saw THE WEST COAST ENDANGERED I say, it is a great industry, Japan and the good in everyone. He made sure The SPEAKER pro tempore. Under a Norway have always wanted to harvest that each individual reached their po- previous order of the House, the gen- whales and have continued to do a cer- tential. tleman from Washington [Mr. tain amount of harvest. We have op- He was a great father, a wonderful METCALF] is recognized for 5 minutes. posed that. We have said no, we really husband, a great grandfather. His phi- Mr. METCALF. Mr. Speaker, in the are not ready to go back to commercial lanthropy was legendary, and his altru- last few years a multi-million dollar whaling. ism for children, for seniors, and for all tourist industry has been carefully If we now start to allow some of our those with whom he came in contact built up in California, Oregon, Wash- people to harvest whales, how then do made him a living legend, someone who ington, and British Columbia. It is we talk to the Japanese, to Japan and was a great friend to all, and he will be whale-watching. It has become a multi- Norway, and say, well, it is okay for surely missed. million dollar industry in the last few ours, but they will say, we have a his- But hopefully the memory of his out- years, and in fact, just to show Mem- toric right that goes back thousands standing service, his caring, his sincer- bers how much, I stopped at a little and thousands of years. ity, and his business leadership prin- hotel several miles from the water out This is something we must not allow ciples will be followed for many years in Washington State and walked over to happen. I hope and I plan to work to come by those who read and hear to their rack. I picked up all these bro- with some other Members to bring a about James Shacklett, Jr., a great chures, and all of these are ones that measure before the House to take some American and someone who was a deal with whale-watching, just to show action that can be effective in solving great friend to all. the Members what an industry it is. this problem before the International f Mr. Speaker, it is a wonderful indus- Whaling Commission meets. The SPEAKER pro tempore. Under a try. Its numerous small entrepreneurs f take individuals or groups out onto the previous order of the House, the gen- Puget Sound or Straits of Juan de HONORING THE LATE JAMES H. tleman from Guam [Mr. UNDERWOOD] is Fuca or the Georgia Straits, or actu- SHACKLETT, JR., AN OUTSTAND- recognized for 5 minutes. ally outside into the Pacific Ocean at ING AMERICAN [Mr. UNDERWOOD addressed the certain times. The SPEAKER pro tempore. Under a House. His remarks will appear here- There are only two species of whales previous order of the House, the gen- after in the Extensions of Remarks.] that are targeted near the coast now, tleman from Pennsylvania [Mr. FOX] is f the gray whales and the orcas. Over the recognized for 5 minutes. years, the last 3 or 4 or 5 years, they Mr. FOX of Pennsylvania. Mr. Speak- TEENAGE PREGNANCY have become used to boats. It is easy to er, I rise this evening to highlight to The SPEAKER pro tempore (Mr. get close to them. They do not mind my colleagues the outstanding Amer- WATTS of Oklahoma). Under a previous the boats there. They are not tame, but ican who has been a great leader in our order of the House, the gentlewoman they are very tolerant. The people get community in Pennsylvania, who died from Texas [Ms. GRANGER] is recog- a wonderful experience to go out and this week and leaves behind a great nized for 5 minutes. see these huge animals out there in legacy of achievement both in the busi- Ms. GRANGER. Mr. Speaker, it has their native state, and they are either ness community and the civic commu- been said that every journey, no mat- moving or lolling, but it is a time that nity of Montgomery County, PA. His ter how long or how short, begins with you can really feel close to something name was James H. Shacklett, Jr., a single step. This week Congress chose that has not been available to people in internationally known in the label to take a first step on the journey to- this way. Sometimes the animals will business and a devoted supporter of the wards a future of reason and respon- come up and even rub against the Shriners Hospital for Crippled Chil- sibility. Earlier this week, in a truly boats. dren. He died this week in his Lafay- historic vote, Congress passed the first Mr. Speaker, this is about to change ette Hill home after a long illness. balanced budget in over 25 years. With dramatically. This tourist industry is He was chairman of the National this balanced budget Congress made a about to be put in jeopardy by the ac- Label Co., a family-owned business decision that will truly make a dif- tion of the U.S. Government in rec- where he previously served as president ference. ommending to the International Whal- and chief executive officer. His labels Balancing the budget is just the first ing Commission. When they meet in that he designed were exclusive, and step on a journey to the future. If we May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3153 are to ensure that the American dream who beat the odds. Michelle’s story is a Asian Pacific Americans in virtually every facet is a reality for all our people, we must living legacy for all who care about of life today. do more than just reform government. America’s daughters. I commend the Asian Pacific Americans in b 1745 Michelle was raised in public hous- this country for their contributions to the arts, ing. Her parents were the poorest of sciences, education, military, and government. We must strengthen our families and the poor, and no one in her family had From the Chinese who first came here for heal our communities. We must ac- ever graduated from high school. When the California gold rush and later played a knowledge once again that we as a Na- Michelle was in the eighth grade she critically important role in building the trans- tion can never move forward until we was invited to participate in AIM. AIM continental railroad in the mid-1800's. To the help those who have been left behind. selected Michelle because she was all Japanese-American 100th Infantry Battalion I would like to talk today about one deemed at risk for teenage pregnancy, and the 442nd Regiment Combat Team in of the most important issues that face one of those 70 percent probabilities. World War II who became the most decorated our families and our communities, the While the odds were against unit in U.S. military history receiving over problem of teenage out-of-wedlock Michelle, AIM is not intimidated by 18,000 individual decorations, including more births. Unless we address this problem long odds. Michelle and all AIM par- than 9,000 Purple HeartsÐin less than a year. America cannot move ahead, and I am ticipants are invited to weekly group They earned this honor despite being des- asking this Congress to commit to ad- meetings, field trips, camp outings. ignated for internment in American concentra- dressing the problem of teenage out-of- She found mentors who offered advice tion camps on the West coast during World wedlock pregnancies to strengthen our and also friendship. War II. To the Asian-American war veterans families and to save our daughters. Michelle was encouraged to remain who fought heroically for our Nation through Teenage pregnancy is all of our prob- abstinent during her teenage years. I many conflicts in the 20th century, including lem. Teenage pregnancy is a family am very proud to say that 4 years later Filipinos, who, alongside soldiers from May- problem. Out-of-wedlock births rep- not only is Michelle not pregnant, she wood, IL, survived the Bataan Death March in resented 31 percent of all births in 1993 is on her way to college. Michelle has the Philippines during World War II. To Hiram and, while there was some good news earned a full scholarship to a small 4- Fong, from Hawaii, who became the first last year, the silver lining cannot hide year college in Texas. Michelle is now Asian-American elected to the U.S. Senate in the cloud of rising teenage pregnancy 21, a successful nurse’s aid. She does 1959. To Maya Lin, designer of the Vietnam and those out-of-wedlock births. not live in public housing. She does not and Martin Luther King, Jr. Memorials. To Dr. Teenage pregnancy is also a health take food stamps, and she is not preg- , an American of Chinese descent, problem. America’s high rate of out-of- nant. who was recently named Time magazine's wedlock births is the primary expla- Michelle is a success story, and she 1996 Man of the Year Award for his break- nation of our low international stand- and AIM beat the odds. We need more through research that led to the development ing on measures of infant mortality. It success stories like Michelle. We can of the most effective treatments now available is also an economic problem. The aver- have more success stories through for the HIV virus, and finally to Gov. Gary age difference in annual salaries be- AIM. Locke, an American of Chinese descent who tween adults in the early 1930’s raising Today I commend Michelle and I was recently elected Governor of the State of intact families and those raising bro- commend AIM, and I recommend it to Washington, becoming the first Asian-Amer- ken families is $11,500 a year. all people all over America because ican elected Governor in the continental Unit- It is also a crime problem. More than theirs is a story of hope and inspiration ed States. 70 percent of all juveniles in State re- and character and courage. Again, I salute the community and its many form institutions were raised in father- As we work over the coming months, accomplishments. However, I also join with less homes. Babies having babies is an all of us, to solve the problem of teen you in your struggles. I understand that the American problem. It affects our pregnancy, we will visit with more anti-immigrant debate has plagued the com- daughters and our sisters and our women like Michelle and more pro- munity; the effects of welfare reform are being neighbors and our friends. It is a prob- grams like AIM. experienced today by many of the elderly lem we will have to work together to I commend our Speaker for recogniz- poor; anti-Asian violence is on the rise; the solve. ing the need to address the issue of lack of good jobs has forced many Asian im- Solving the problem of teenage preg- teen out-of-wedlock births, and I look migrant women into working in sweatshops; nancy will require a lot more than forward to helping us work to strength- and the whole debate on campaign finance re- Government programs or Washington en families and save our daughters. form has targeted and portrayed the Asian Pa- spending. No, that is not the answer. f cific American community in a very negative Instead, it is going to require Ameri- lightÐoftentimes questioning their loyalty to HONORING ASIAN PACIFIC cans to put their heads together and this country. I recognize that the attack on the AMERICAN HERITAGE MONTH open our hearts and talk to girls and immigrant community has come swiftly and talk to young women. The SPEAKER pro tempore (Mr. severely in many forms, including providing an I would like to take a moment to tell WATTS of Oklahoma). Under a previous entree for the attack on much-needed affirma- my colleagues about what does work in order of the House, the gentleman from tive action programs. combating teen pregnancy. I would like Illinois [Mr. DAVIS] is recognized for 5 Today, the Asian Pacific American commu- to tell them about the AIM program in minutes. nity forms a vibrant and diverse group growing Ft. Worth, TX. AIM stands for ambi- Mr. DAVIS of Illinois. Mr. Speaker, thank faster than any other minority group in Amer- tion, ideals, motivation. It is a very you for allowing me the time to speak. I would ica. Many members are economically success- successful pregnancy prevention pro- also like to thank my colleague, Representa- ful Americans and distinguished in their own gram. tive PATSY MINK, for providing me with the op- areas and others are newer immigrants facing AIM has taken in almost 800 teenage portunity to join her and others honoring Asian very different circumstances. This creates a girls, girls whose mothers were teenage Pacific Americans in this country during the new host of issues that need to be addressed. mothers, girls whose families were on month of May. I join with my colleagues to cel- Back home the State of Illinois ranks fifth in welfare, girls raised in public housing, ebrate this month and look forward to the day terms of States with the largest number of girls who statistically would have a 70 when we can have APA heritage month every Asian Pacific Americans residing in that State. percent chance of becoming teenage day of the year. Cook County is home to the majority of these moms. But miraculously, only 2 of I take great pride in honoring the memory residents. Furthermore, the Seventh Congres- these almost 800 girls have become and the courage of all those brave Asian Pa- sional District is approximately 5 percent Asian pregnant. cific immigrants residing in the Chicago - Pacific AmericanÐlargely consisting of those To help you understand the success politan area as well around the country. I look residents of the Chinatown area. of this program, I would like to tell forward to working with the generations that I am proud to represent this area and join you the story of Michelle. Michelle is a have followed. As a result of their countless with my colleagues in the Asian Pacific Amer- 21-year-old woman from Ft. Worth. sacrifices and dreams for a better lifeÐfor ican caucus today in celebrating these fine Michelle’s pregnancy-free adolescence them and their childrenÐI have the oppor- Americans in the Seventh Congressional Dis- is more than just a story of a woman tunity to celebrate the many achievements of trict and beyond. H3154 CONGRESSIONAL RECORD — HOUSE May 21, 1997 A CALL FOR BACKGROUND The National Center for Missing and country. Whether we look at our senior CHECKS Exploited Children today celebrated citizens by passing this balanced budg- The SPEAKER pro tempore. Under a several heroes in our Nation’s capital et plan that contains a direction and a previous order of the House, the gen- from around the country who have plan for paying off the Federal debt, tleman from Florida [Mr. FOLEY] is helped recover our children alive and when we pay off the Federal debt it recognized for 5 minutes. healthy and brought them back to really means that what we are going to Mr. FOLEY. Mr. Speaker, let me their homes after they had been ab- do is put money back into the Social commend the gentlewoman from Texas ducted. I commend their hard work in Security trust fund that has been [Ms. GRANGER] for that very important seeking to solve the problem of abuse taken out. presentation. in our society. That is very good news for our senior Let me also talk about a problem We will be formulating legislation citizens because that means Social Se- that occurs to our young people after and several of us will be back on the curity is solvent for the foreseeable fu- they are born. A high school janitor ac- floor tomorrow talking about the miss- ture. It also contains language that is cused in the death of a student had a ing and exploited children’s programs going to allow us to take care of Medi- history of violence, but school officials that we are launching across the Na- care so that Medicare is once again sol- waited until after he was on the job be- tion. But it is really high time that we vent. For our working families, there fore seeking background information focus on how to protect our children. are two real important things as we from the State. When you read a story like this, you pay off the debt and restore the Social The slaying of Michelle Montoya, 18- have to ask yourself, how does a school Security trust fund. It also means that year-old popular Rio Linda High district find it more important to have we are in a position where we are not School student whose body was found clean windows and clean hallways than going to have to raise taxes on working in the school wood shop Friday, has fo- protecting the lives of our children. families to make good on promises to cused attention on the school district’s They found it inconvenient to do a seniors. But it also provides tax relief hiring policies and the State’s handling background check on this individual for the working families in America of fingerprint checks and requests for who just served time in prison for a fel- today through the $500 per child tax background information. ony murder. Had to rush and hire him. credit, a college tax tuition credit, cap- The janitor, 34-year-old Alex Del She was left to die inside her school’s ital gains tax reduction, and of course Thomas, has a four-page rap sheet that wood shop last week after she was the death tax is being changed so we do includes violent felonies. The Grant beaten and her throat slashed. not have to see the tax man on the Joint Union High School District hired Michelle’s parents do not get a sec- same day that we pass away. I think it Thomas in April, but the district did ond chance, but a small investment of is a very important change in this not submit a request to the State jus- tax dollars to make certain that that great Nation of ours. tice department for information about person was fit for the job could have It seems ridiculous that we would Thomas’s fingerprints and potential been done and they could have held off find ourselves in that particular situa- criminal history until weeks later. hiring them and saved a life. tion. For the younger generation it is Thomas, a parolee, served nearly 12 But let us not let legislation get in great news because this budget con- years in Folsom prison for voluntary the way. Let us not let protection of tains a plan to literally pay off the manslaughter. He pleaded guilty to the our children stand in the way of get- Federal debt by the year 2023. And in charge which stemmed from a 1984 Los ting our jobs done. Let us not worry paying off the Federal debt it means Angeles robbery. Sheriff’s investigators that we can pass this Nation on to our described him as a former member of about another Michelle Montoya, be- children debt-free. Instead of our chil- the 107th Street Hoover Crips, a Los cause we are all much too busy. We dren looking forward to having fami- Angeles street gang. pass laws in this Chamber and then we My colleagues, a child has died once go on our way and think what a great lies that are required to pay $500 a again in our community because of a job we have done. Let us pat each other month to Washington to do nothing lack of checking the backgrounds of on the back. but pay interest on the huge debt, in- those that work around our children. And another child dies, and another stead of being in the situation we are Last week in Saint Lucie County, child is molested, and two girls are sto- in today, where we literally pay that FL, a 2-year-old baby boy was raped by len from their home, found in a canal, $500 a month to do nothing but pay the a 49-year-old individual and the baby their naked and beaten bodies found in interest on the Federal debt, this budg- died from a heart attack. Day after day a canal. et contains a plan to literally pay off you wake up to the TV shows describ- There are sick people running around the Federal debt so our Nation can in- ing another violent crime against our our communities. They need to be herit this country debt-free and keep children, a violent crime of abuse, sex- caught. They need to be apprehended. that money in their own homes and in ual perpetration, denying them their They need to be sentenced to the most their own families. youth. And they are dying on our severe penalty. To put it in perspective, just how far streets, or they are being convinced, But what would be better is if we we have come with this budget, I think through the Internet, to leave home apply the laws now, protect the chil- it is important we go back to some- and run off with someone else or being dren first, and then not have to suffer thing that many people in America re- subjected to pornography and violence the consequences. My heart goes out to member hearing about; it is called the every day of their lives. the Montoya family and every other Gramm–Rudman-Hollings Act. It was In 1993, we passed the National Child parent who has suffered the devasta- first introduced in 1985. It laid out this Protection Act, amid lots of cheers and tion of the loss of a child. blue line that we can see here as a plan whistles. States may do background f for deficit reduction to get to a bal- checks, if they choose, if they choose. anced budget. The red line shows what BUDGET AGREEMENT In Florida, you need a background actually happened with deficits, and we check and a fingerprint card to get a The SPEAKER pro tempore. Under a will notice that we never actually got real estate license. In about 38 States previous order of the House, the gen- to the blue line. We never actually hit you need background checks and fin- tleman from Wisconsin [Mr. NEUMANN] the targets for balancing the budget. gerprints to cut hair, to be a cos- is recognized for 5 minutes. As a result of course the deficits ex- metologist. Mr. NEUMANN. Mr. Speaker, I rise ploded. In 1987, they realized that their But if you are entrusted with the this evening to address the House re- 1985 plan was not working so they fixed care of our children, if you are working garding the recently passed budget it and they passed Gramm–Rudman- in a day care center or school system agreement. I would like to begin to- Hollings 2, and again the blue line or taking them out on field trips, we do night by talking about what that shows the direction to get to a bal- not need to check the backgrounds. We agreement really means to the people anced budget. The red line again shows will just let them go off merrily on in this great Nation we live in because exactly what happened. And as we can their way and hope and pray that the it means an awful lot for virtually see, they never hit their targets for a children come back alive. every generation of Americans in this second time straight. May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3155 I would like us to contrast this pic- Mr. HULSHOF. Mr. Speaker, the And so even though this budget ture, a plan that was laid out to bal- newly elected Republican Members of agreement does not look like any one ance the Federal budget where they this body have faithfully and dutifully of us would have written had we had never hit their targets, with the plan of come to the floor each week to talk total control over it, we have had to 1997 and in particular what has hap- about positive solutions to some of the learn the lessons that we have learned pened from 1995 forward. Nation’s problems. We have done this in every aspect of our lives and that is This chart, the red columns, show since February and we have talked to listen, to build a consensus, to grow what we promised to the American peo- about ideas to renew American commu- and to learn from others. ple when we passed our plan to balance nities, ways to reignite the era of big This has very much been a part of my the budget in 1995. The red column citizenship, even as we dismantle the life, Mr. Speaker. I have said a lot of shows what the deficits were projected era of big government. times that I learned a lot of life’s les- to be. The blue column shows what We have talked about ways that the sons growing up in a family of 11 kids. they actually were. Notice the stark Federal Government can be a partner None of us got our way all the time. contrast between the Gramm–Rudman- rather than a parent. I think that the None of us got to watch the channel on Hollings, where they never hit their gentleman from Wisconsin, we would television that we wanted. None of us targets, and what has gone on out here be happy to make him an honorary got control of the family, but we today. Member of the freshman class for this learned to listen, we learned to under- As a matter of fact, in fiscal year special order, but what we want to stand the varied perspectives, we 1996, a year that is already completed, focus on is exactly what the gentleman learned to deal with those ideas and we we not only hit our targets, but we from Wisconsin began with. put them all together, and together we were about $50 billion ahead in terms of It is true, Mr. Speaker, that some of found a better way. deficit reduction. Right now today, us here in this Chamber are a bit So many cynics are out there and 1997, we not only hit our target for 1997, bleary eyed from a lengthy day, and I they always feel that the glass is half but we are over $100 billion ahead of see staff rolling their eyes, I think they empty, and I believe that we need to schedule. A lot of folks are asking how share in that feeling, but what I want look at the glass half full; at what we can that possibly happen. That hap- to do is make an announcement. The gained. In my years of being in the pened because the economy performed American people, Mr. Speaker, have Kentucky General Assembly it became better than anyone anticipated. gotten their money’s worth. They got so recognizable that it is so easy to op- We had this working model back in their money’s worth first of all yester- pose something that is big and com- 1995. It was a theory. The theory went day, in that we focused as a body on I plicated because there is always one like this: If Washington could control think the single most important issue thing one can be against. There are al- spending and therefore borrow less facing this country. ways a couple of things that one could We had a debate that began yester- money, that money would stay avail- find different, but if we are to make big day that went well past midnight. It able in the private sector. And when progress we have to unite and do it to- was a debate that remained focused on the money is available in the private gether. the issues at hand. It was a profes- sector, more money available, interest In closing, I wanted to say tonight sional debate, one that much civility rates will stay down. When rates stay that we talk about budgets, and they surrounded that debate. We debated are inevitably about numbers, but in down, people can afford to buy houses well into the early morning hours and truth this is not a debate and it is not and cars. And when people buy houses for those individuals across the coun- a discussion and it is not a consensus and cars, somebody else has to build try, unfortunately, who will invariably about numbers, it is about our chil- the houses and cars. That is job oppor- find fault or choose to find fault with dren. It is about my six children, two tunities. And when people fill those job this institution, I think the American who are joining the work force, two opportunities, that means they are people got their money’s worth yester- who are in the work force, and two who leaving the welfare rolls and going to day and it was a testament to the are about to complete school and join work. positives of this great institution. The idea here is that less government But far more important than that, the work force, and it is about their op- spending, more money is available in Mr. Speaker, the American people got portunities, it is about their freedom the private sector, lower interest rates, their money’s worth in a substantive from taxes, from the cost of paying for lower interest rates leading to more way. They got their money’s worth in the debt that we have run up. homes being purchased, people living this bipartisan agreement in which 333 When I came to Congress I thought the American dream. More cars being individual Members from across this about my children, I thought about purchased, leading to more job oppor- great land resoundingly endorsed. This their generation, I thought about the tunities. That was our theory. bipartisan agreement is going to help opportunities I hoped that they will The theory worked better than any- restore economic freedom and opportu- have. They are going to have to work one could have possibly imagined. And nities for all Americans. That is what hard. They will have to go to work that is why it is that we see this chart we would like to focus on for the re- every day and they will have to con- over here where we have not only met mainder of this special order. tribute to this country, because one the expectation in our promises of 1995 I am joined by some of my col- thing that will not change is that they but we have exceeded them. leagues, and I would be happy to yield will be responsible for America tomor- row. But thank goodness we are giving b 1800 to my friend from Kentucky, [Mrs. NORTHUP]. them an America that will not be so How did this happen? How did we ac- Mrs. NORTHUP. Mr. Speaker, I burdened by debt. tually control spending? thank my fellow freshmen and those of It has been a wonderful last 24 hours. Well, Mr. Speaker, I will wrap up this us here that are here to talk about the We have made such progress and I am portion of it, and I will have an oppor- budget. I appreciate having the oppor- proud to be here with the other Mem- tunity to work with the very promi- tunity to discuss this issue. It is one of bers of my class talking about what nent freshmen that have joined us this the most important issues. It was dis- that accomplishment really means. year in Congress to carry this plan for- cussed in my district at every public Mr. HULSHOF. Mr. Speaker, I appre- ward, by saying that I think this is the meeting and every discussion regarding ciate the gentlewoman’s comments. We best thing that could possibly happen the direction that the Federal Govern- sometimes do fall into the trap of talk- for future generations of Americans. ment is going. ing about numbers, and certainly in BALANCED BUDGET AGREEMENT In my remarks tonight I would like the Kentucky legislature probably The SPEAKER pro tempore. Under to focus on the bipartisanship, the fact rarely did the gentlewoman even use the Speaker’s announced policy of Jan- that we understand how the American the term ‘‘billions of dollars’’ and yet uary 7, 1997, the gentleman from Mis- people feel; that they want us to recog- we toss those terms around here in souri [Mr. HULSHOF] is recognized for 60 nize that good ideas come from both Washington without really recognizing minutes as the designee of the major- sides of the aisle and they come from just what is involved when we are talk- ity leader. both ends of Pennsylvania Avenue. ing about these numerical values. H3156 CONGRESSIONAL RECORD — HOUSE May 21, 1997 I think the gentlewoman summed it now. Now, it is important in the blue deficit was headed. In our first 12 up very well and put it in very human column to realize that it is still going months here they were very difficult. I terms, especially having come from the up. Government spending is still going compare them to a war. There were no strong family tradition that she has up. bullets being fired, but it was just and we appreciate her work with this. So when we talk about the truly short of that, is what was going on. The gentlewoman mentioned, Mr. needy people in this Nation, these pro- In the first 12 months this red line Speaker, this bipartisanship. I think it grams are not being cut and annihi- got moved down to here. That is how is interesting to note that yesterday lated and all those bad words that we much progress we made in terms of the newly elected Members on both heard in the last Congress. That is not getting government spending under sides of the aisle, freshmen, Repub- what is going on. Government spending control. We also laid this plan into licans and Democrat freshmen, actu- in fact is going up, and in a very orga- place to balance the budget. This green ally came together and we had a press nized and direct and caring manner. line shows our plan for deficit reduc- event to announce our support for what Government is learning to control tion, for getting to a balanced budget had been hammered out in these nego- the rate of growth of spending. It is so that our children could once again tiations by the administration as well learning that instead of growing at 51⁄2 have hope in the future of this great as congressional leaders. percent it can only grow 31⁄2 percent. country we live in. Quite frankly, many of us, regardless And if it just controls the growth of Remember the Gramm-Rudman-Hol- of party, in the months leading up to spending, not radical cuts like we lings where we never hit the targets? November of 1996, we campaigned, Re- heard in the last 2 years, but just con- This green line shows the targets that publicans and Democrats alike, cam- trol the rate of growth of spending, were laid into place in 1995. The blue paigned on this single issue. In fact, I that is what is going on here and that line shows us what is actually happen- recall and I was reminded by my staff has led us to be on track and ahead of ing. We are winning this battle that that shortly after the election as we schedule as we look to balance our was started 2 years ago, and we are not were talking about what we were going budget. only hitting the targets, we are exceed- to focus on in this Congress, this 105th In the part of government that Wash- ing our expectations in terms of reduc- Congress, I made the statement that if ington controls the most, and there is ing this deficit and to a balanced budg- all we did in this Congress was to pass a lot of parts to the budget, but the et so that our seniors can again be con- a plan that would balance the budget, part that Washington controls the fident that Medicare is there for them, that we could fold our tents and go most is the part that probably many of that Social Security will be there for home and we could declare this Con- our colleagues maybe even have never them, so that our working families can gress a success. even heard of. It is called nondefense look forward to keeping more of their We have begun that step in that di- discretionary spending. That sounds own money instead of sending it to rection, and yesterday I think the like a complicated term. That is the Washington. strong support by not only the fresh- part of government that includes ev- We are ahead of schedule so that our men Republican Members but freshmen erything except Medicare, Social Secu- children in this great Nation we live in, Democratic Members who joined us, rity. Those are called mandatory pro- and I have three of them, they are all joined us in this debate and joined us grams. Does not include interest. It in- teenagers, and I hope they are not too in this vote and in this effort, even as cludes that small part of government far away from starting their own fami- some more prominent Members of this that we actually vote on year after lies, but those children can now start body were making front page head- year in the appropriations process. thinking about the fact that this Na- lines, I think there is a difference be- In that area we can see in this chart, tion is not going to destroy its eco- tween looking to the next election and again the red column is how fast it was nomic future, but rather is going to get then looking toward the next genera- growing before we got here, and we can to a balanced budget, pay down the tion, and I believe we have focused on see how that growth has been slowed debt and now provide them with the the next generation. and actually in real dollars we can see opportunity to live the American I see my friend from Wisconsin, who what it was going up before in the red dream. actually was here a newly elected column and now it is actually shrink- It is not going to be given to them. It Member in the last Congress. I would ing. That is the part that is actually will have to be theirs through lots of yield to the gentleman. How is it that shrinking. When we ask how have we hard work. They will have to get up in we have been able to move in the direc- stayed on track and how are we able to the morning, go to work every day, and tion that we have from the last Con- do this harmoniously, we are now on work very, very hard, but they can gress, when we had the government this track and ahead of schedule and it look forward to a situation where in- shutting down, into a bipartisan plan puts us in a position where instead of stead of sending their paychecks to that garnered 333 votes? demagoguing, one side to the other, Washington, they get to keep them in Mr. NEUMANN. Well, first, Mr. and frankly both Republicans and their own homes and decide how they Speaker, I want to thank the gen- Democrats have a tendency to do that want to spend their own money. tleman very much for being here and to each other, but instead of doing that b 1815 for making me an honorary Member of this year, we have stayed on track. the freshman class. I do consider that a The track is laid in place and now we That is what this chart is all about, great privilege and great honor. During have to carry that through, and that is and that is the track record that we our freshman class we only gave that what the freshman class is such a very are laying down for the American peo- to one person during the entire Con- important part of. ple. gress and that was to the gentleman I have one more chart that to me Mr. HULSHOF. If the gentleman from Ohio, [Mr. KASICH], so I consider really says it all. It says hope for the from Wisconsin [Mr. NEUMANN] would this a great privilege in joining my future of this great Nation. It says our yield, before returning here to the Na- freshmen colleagues this evening. seniors can once again count on what tion’s Capital, as we had this debate What happened over the last couple they are expecting from government in yesterday, I had the privilege to stop of years is that government was grow- Social Security and Medicare. It says by one of the schools in my district, ing at a very, very rapid rate, and I un- our working families can expect to Ashland School, and I spoke with a derstand what the gentleman is saying keep more of their own money instead ninth grade class. It was their Govern- about numbers, but it is also impor- of sending it to Washington. And it ment class. We were talking about is- tant, I think, that the American people says our children can look forward to a sues, and I was really trying to put it at least put into perspective what is bright future in this country. in terms that they could understand. going on. This red line in this chart shows They were asking what are we going This red column shows how fast gov- where the deficit was headed if there to be addressing this week. I told them ernment was growing in the 7 years be- had been no laws changed in 1995. So if I thought it was going to be quite his- fore we got here in 1995, and the blue the 1995 laws were still on the book toric because I believe we were going to column shows how fast it is growing today, this red line shows us where the pass a budget resolution with a lot of May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3157 support from the other side as well as moving through Congress right now. fect. It does not provide working Amer- from our side that would finally get us We are, in fact, lowering the burden icans with as much tax relief as I on the path that unfortunately we had and making it possible to pay that debt would have liked to have had. Govern- gotten off of in the past couple of dec- off sooner than any Congress prior to ment spending is not restrained as ades and trying to boil that down in us had ever contemplated and ever en- much as I think it ought to be. Wash- terms that they could understand. visioned. That is really what is excit- ington, DC, still wields too much power These were 14- and 15-year-olds and ing, what I hope people focus on and and authority and influence over our some 16-year-olds not yet old enough to take into consideration as they decide lives, and the Federal Government is vote but some of them starting to get where they may stand on this issue and too large. There is still much work to their cars. So we started to put it in watch it move through. be done. Returning power and author- real terms. I mentioned to them that, Mr. Speaker, I would like to point ity back to the States and the commu- if we took the Federal debt, this big out a couple things. I prepared some nities and individuals themselves, we number, and if we divided it up by notes ahead of time. For those of us need to do all that. every man, every woman, every child, who care about children or have chil- We are nowhere near being finished. every ninth-grader across this country, dren or are concerned about children in The agreement does represent a good that each one would owe us or have to our districts and our neighbors’ chil- start. It is the first real hope of getting pay somewhere in the neighborhood of dren and grandchildren, and so on, I our country out of the red ink and back about $20,000. And suddenly their eyes hope we think about them at this par- into the path of fiscal sanity. The bal- popped wide open because we started ticular point. That is the object of our anced budget agreement is not perfect, talking about some of the things that attention when we are constructing but we still must not allow the perfect they could actually purchase, or some this budget and moving it through this to be the enemy of the good. Every of them that were beginning to work process. American will feel the practical, real- and trying to get some money to pur- President Hoover once sardonically world effects of a balanced Federal chase a car that suddenly this was a observed, he said, ‘‘Blessed are the budget through lower interest rates, very real figure to them. young, for they shall inherit the na- greater economic growth, and a higher So they wanted me to come here and tional debt.’’ Now, Americans of my standard of living. In terms of the say fix this problem. I think the gen- generation have frankly done some- money in our pockets at the end of the tleman from Wisconsin [Mr. NEUMANN] what of a disservice to those children, workday, a balanced budget is the has talked about, I think, the plan to because frankly, up until just a few greatest tax cut of all. do that. years ago, this Congress has not had Mr. Speaker, the day we have sought I see that my friend, the gentleman the courage to pay for the things that for so long has finally arrived. Of from Colorado [Mr. BOB SCHAFFER] is we want right now. We figured that my course, there are those on both sides of here, who also has been a tireless work- daughters and our children and every- the debate who are quite unhappy with er in this effort. I would be happy to body else’s children would not mind the bipartisan budget compromise. yield to my colleague. paying for the things we want right Much grumbling has been heard from Mr. BOB SCHAFFER of Colorado. now, we would just pass the bill on to the peanut gallery. The cynics and the Mr. Speaker, I thank the gentleman for them. press have taken their shots at the yielding. We have not been paying our debt as agreement, as well. Fair enough, let This theme that my colleague men- we go, and we have been shrugging it them take exception. No one has ever tions of the incredible debt that every off on our children. But we must begin claimed the balanced budget agree- single American owes right now just to to pay as we go before it is too late, be- ment is perfect. But balancing the the principal on the debt is something fore we have condemned our children budget is a goal. It is a goal that is too that really gets one’s attention when to a lifetime of exorbitant tax rates important to let it elude us once more confronted with it. But it is not just and bankrupt entitlement programs. It just because the best agreement that that debt, that immediate $20,000 that is incumbent on all of us as we step up we could reach with the President does we all owe today. to the plate and take responsibility for not go far enough. It is a start. In fact, I have mentioned this before. our Nation’s future. We have come a Remember, it was 28 years, it has My wife and I just had our fourth child long way, but we still have a long way been 28 years since first a fewer months ago; and on the date of to go. took office that we have been trying her birth, she owed $19,700 to the Fed- This balanced budget agreement be- and failing to balance the Federal eral debt. That was her obligation. And tween congressional Republicans and books. Enough is enough. We cannot that is true of any child born today. President Clinton is an important first permit the annual flood of red ink to But we cannot just stop at the debt. step, but it is no more than a first step. capsize the ship of state. There will be Again, that is just the principal. If we are to ensure the long-term sol- another day to argue for the rest of the Mr. Speaker, when we look at what vency of entitlement programs like Republican agenda. But today, let us that child is obligated to the pay over Medicare and Social Security, if we are say there will be no more debt. The the course of his or her working life on to ensure that not only that the budget better part of valor is discretion. We the interest on that debt, it amounts to stays balanced but that we begin to must take other victories small and approximately over $200,000, again over pay off that enormous national debt large as we find them. And this biparti- the course of that child’s working life. that I spoke of, then there is still much san agreement with President Clinton Now, that is assuming, as the gen- work ahead of us. is a victory, not only for Republican tleman from Wisconsin [Mr. NEUMANN] I would be kidding if I said that all or ideals, but for the American people. pointed out, the red line here. even most of our disagreements have Mr. HULSHOF. If the gentleman That is if the Government continued been resolved. They have not been re- would yield, I think the point is signifi- to run on as it did until the Repub- solved. But slowly, steadily we are cant that 1969 was an amazing year. licans showed up here that the interest making progress. And faced with the That was the year that the Mets won on that debt would have continued to prospect of government growing larger the series. It was the year that Neil climb and continue to be an insur- and larger each year, like a snowball Armstrong first walked on the surface mountable burden for every single rolling downhill, we have stood in its of the Moon. And it was the last time child in America. But that line is path, held up our arms, and demanded that the Federal Government passed on changing and that is really the positive that it stopped. We have slowed the to the American people a balanced and the optimistic portion that we run-away growth of Medicare and Med- budget. need to focus on today. icaid spending and returned more Mr. NEUMANN. If the gentleman We are really changing that number, power to the States and to the local would yield, I had the wonderful privi- that $200,000 obligation that we heard governments and to the American peo- lege of having my wife here in Wash- over and over and over again on the in- ple. ington, which does not happen very terest on the debt is contemplated in Everyone knows that the bipartisan often, and she is here tonight. In 1969 I this budget agreement that we are balanced budget agreement is not per- was a sophomore in high school, as was H3158 CONGRESSIONAL RECORD — HOUSE May 21, 1997 she, and we were dating each other. The Republicans’ $500 per child tax Washington, DC is spending about And that is a while back at this point credit will allow families to keep an $6,500 on behalf of every man, woman, in time in my life. So I believe we extra $500 of their own money for each and child in America? started going steady in 1969, so it is a child. That is $500 that parents them- So when we talk about these tax cuts very memorable year. selves will be spending on their chil- or we talk about people keeping more Mr. HULSHOF. Well, just as Mr. dren’s welfare instead of giving it to of their own money, they are already Armstrong uttered those words that Washington bureaucrats. sending $6,500 per person for every are etched in history, ‘‘one small step I do not doubt that almost every man, woman, and child in the United for man and one giant leap for man- family in America will spend that $500 States of America. That is the equiva- kind,’’ I am hopeful that what we ac- more wisely than we would in Washing- lent of how much this Government complished early this morning as far as ton. It is hard to raise a family these spends today. this bipartisan agreement will be at days. I know, I am a father of four chil- When we talk about tax cuts, the real least a step toward another historic dren, and my wife and I work con- question we should be asking ourselves milestone. stantly trying to do the right things is, do we think Washington could get I would be happy to yield to the gen- for our kids. It is very, very difficult. by on, say, $6,000 for every man, tleman from Georgia [Mr. KINGSTON]. But the world is complicated, probably woman, and child? It almost gets to be Mr. KINGSTON. I thank the gen- more complicated and more threaten- laughable when we talk about it, if it tleman from Missouri [Mr. HULSHOF] ing than when I was being raised in the was not sad that we are taking that for yielding. It is interesting that we 1960’s and the 1970’s, and parents have much money from our families, and if passed the balanced budget agreement to work harder. it was not for the burden that taking today, because it seems like years ago It seems like everybody has two-in- that money from our families places on when we were up 24 hours doing what come families. And sometimes parents, us and the strains that those things we have been doing. moms and dads, are just ships crossing place on our families. I wanted to speak specifically on the in the night and they do not get to sit b tax relief portion of it, because for too 1830 down at the family dinner table any- long Americans have sent far too much I have just one more thing, and then more and impart information from of their hard-earned dollars to Wash- a few notes here that I would like to go generation to generation. But it is ington, DC. This bipartisan balanced through. This past weekend I had an very, very important that we do, that budget agreement provides for the first opportunity to talk to one of our fami- we spend time as the family unit to- time significant tax relief and serves as ly’s friends from church. They have got gether. a first step toward reducing the out- three kids. We were talking about Family tax credit is Washington, not rageous tax burden on American mid- these tax cuts. The tax cuts to them just returning money back to the fam- dle-class families. are very, very real, the idea of the fact The agreement guarantees that ily, not taking money from the family, that they have two kids still living at American families will get a tax relief but actually returning power and re- home, that they would receive $500 per that they desperately need. It provides sponsibility back to the moms and the child. They are middle-income people. I new tax credits for higher education dads and also saying, because we are do not know exactly their salary, but and a reduction in the death tax, and it going to be taking less from you, you it is between probably $30,000 and also gives capital gains tax relief that will be able to spend a little bit more $50,000 a year. The idea that they would will end double taxation and spur an time with each other. get to keep $500 per child more of their explosion of economic growth and Mr. Speaker, let me yield back. I own money in Wisconsin, in their bring new jobs and renewed prosperity wanted to make a few other points, but home, in their family as opposed to to the working people all around Amer- I think it is just so important that we sending it out to Washington, that is ica. all recognize that part of it. And again, an important idea to them. They have Perhaps the most important, how- balancing the budget is not about num- one in college. Of course, the college ever, is that the balanced budget agree- bers, it is about people. tax credit would also be part of that. ment finally makes one of the key Mr. HULSHOF. Mr. Speaker, I appre- I have a few notes that I just want to promises of the Contract With America ciate the gentleman joining us on this run through. This whole debate is real- a reality. At last, it gives a long over- day as we continue to wrap up and talk ly about less Government, not more. In due $500 per child tax credit to Amer- about what I think is probably going to the 1990’s, America has engaged in a ican working families. be looked back upon as one of the most great national debate about the roles So let me say to all the parents important positive steps that we have and the responsibilities of Government. struggling to make ends meet, the par- made, certainly in this Congress. Liberals and conservatives, Repub- ents who burn the candles at both ends I think the gentleman from Georgia licans and Democrats alike, we have in order to put food on the table, the [Mr. KINGSTON] makes a good point. I argued and argued about the role and parents who sacrifice their own needs am privileged to serve on the Commit- the scope of Government. The ques- and give everything that they have got tee on Ways and Means, which, among tions we have debated so furiously, to make sure their children have a other areas of jurisdiction, tax relief is sometimes bitterly, but always with bright opportunity, we have finally one of the things that we will be deal- conviction, is how to solve America’s heard you and we have finally done ing with. And I was engaged in a dialog problems: By ceding more power and something about it. We recognize that with a Member on the other side, an- authority to Washington, DC, or by re- nothing we say or do in Congress is as other member of the Committee on taining it in the States and local com- important as the daily work you under- Ways and Means, who was talking munities, in the churches and in our take, the work of raising the next gen- about how much that a certain item families? erations of Americans. We have no was going to cost Washington in reve- As Republicans, we have always ar- more right to take such a large chunk nue. And my response, perhaps because gued for a less centralized bureaucratic out of your paycheck each month as we as a wide-eyed new Member, but my re- control and more individual liberty. would to snatch the bread directly out sponse was, well, Washington’s loss is We believe that in the affairs of State, of the mouths of your children. the American family’s gain. I think it is always preferable to err on the Mr. Speaker, being a mom or dad is that this plan does include much need- side of freedom. The bigger a nation’s the most sacred obligation and the ed relief, as the gentleman has pointed government, the more it taxes citizens, most awesome responsibility that any- out. the less freedoms that society will one can possibly assume. Family is the Mr. NEUMANN. Mr. Speaker, I will enjoy. As Republicans, freedom has backbone not only of this great Nation just point out one or two additions to been our greatest cause and freedom but of all civil society. It was Aristotle this, and it certainly relates directly to cannot coexist with a bloated, waste- who observed that the state is made up the idea of people keeping more of ful, corrupt Washington that inserts its of households. Without strong house- their own money as opposed to sending tentacles into every aspect of our lives. holds, even a nation as mighty as the it to Washington. Did my colleagues It is wrong for the U.S. Government United States will surely crumble. know today the Federal Government in to spend more money each year than it May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3159 takes in in taxes. It is wrong for politi- He had just figured out his individual taxes. I think that bringing some relief cians to load down our children and our income tax form. He said, ‘‘I’m only in the area of death taxes is an incred- grandchildren with a debt tomorrow so paying 21 percent. I don’t understand ibly important step in this process and they can avoid making the hard how it is that you can make this it is something that certainly will ben- choices today. It is wrong to continue claim.’’ efit the farmers, the small blindly down the same perilous path The point was as we tried to explain businesspeople, the people who make that we have been on for almost 30 to him was that many of these taxes their living off the land in my home years. are actually hidden and we do not State of South Dakota. In 1980, told us that write out a check as we do to Uncle I would also say that the capital Government was not the solution, Gov- Sam on April 15. For instance, this gains tax relief that is incorporated in ernment was part of the problem. He morning many of us who grabbed our this package is something, again, that pledged to get Government off the first cup of coffee, we paid a tax. When is going to help those very same peo- backs of the American people, to re- we drove to work this morning, we paid ple. Those are the people who create store freedom, that alone could make a gas tax. Of course, we pay income the jobs, create the wealth, provide the the United States that shining city on taxes on our salaries. For those of us opportunities and keep this country’s the hill once again. He transformed not fortunate enough to pursue the Amer- economy moving forward. I believe, only the Republican Party but the en- ican dream and to be able to own a again, if we can somehow bring some tire national debate. The basic ques- home, we are going to pay property tax relief, that will give them the op- tion that has dominated American pol- tax, not to mention the payroll taxes portunity to do what they do best, and itics since Ronald Reagan’s election and workers compensation taxes and that is to continue to promote and has finally been answered. America’s fees and then, as the gentleman men- allow the entrepreneurial spirit in this problems can best be solved by less tioned earlier, when we die, there is the country to thrive. Government, not more. Government with its hand out wanting Just a couple of thoughts, if I might. We have won the battle of ideas. a death tax. That is the large picture of I think that the beauty of this thing is President Clinton himself has declared all of these different fees and taxes that a Democrat President and a Re- that the era of big Government is over. that the Government has very cleverly publican Congress have finally agreed Political leaders on both sides of the put on us as a burden and how it is that on a plan to balance the budget by 2002, aisle understand that while Govern- we end up paying this burden that we erasing the annual deficits that darken ment does do many good things, it can- are trying to provide relief for. our children’s future like a black not do everything. Even if Government Mr. Speaker, I yield to the gentleman cloud. Most of us I think would say, could solve all of America’s problems, from South Dakota who was also de- ‘‘It’s about time.’’ At last the politi- and it cannot, even if Government did bating very vigorously well into the cians have stopped fighting; if only for not threaten our individual freedoms, morning. a moment, have actually started work- and it does, we can no longer afford it. Mr. THUNE. I want to thank my ing together for a change, doing what I think that brings us back to what we friend from Missouri, our very distin- needs to get done. were discussing before. When we start guished freshman class president, a As I walked up and down the streets thinking about every man, woman, and member of the Committee on Ways and of my State in South Dakota, and I child in America paying something Means. It is a great privilege to be here would suspect that it was the gentle- like $6,500 a year just to pay their this evening, a little earlier in the man’s experience as well, one of the taxes to this Government, we begin to evening than we were last night, but things that we heard repeatedly is, understand the impact of this over- again following up on some of the dis- ‘‘Can’t you people in Washington work Government-spending on our families cussion that was held in talking about together in a cooperative bipartisan in this great Nation. A lot of people do what is truly an historic occasion for way to solve these problems?’’ I might not even realize when they are all pay- this country and something that I say, too, as well, that for those of us ing taxes, when you talk in the store think is this incredible accomplish- who have been here a very short time, and buy a loaf of bread, the storeowner ment for the future of our kids and our members of the freshman class, both makes a small profit on that money grandkids. political parties for 28 years, we have that you paid him or her for that loaf The gentleman mentioned taxes. We not been able to get to a balanced of bread. When they make that small are very tax-happy in this country. One budget and we arrived on the scene. I profit, part of that profit comes to of the things that occurs to me is I do think that speaks very well for the Washington in the form of taxes. When believe that in many ways, taxes have freshman class this year. I know there it is all over and done with, this Gov- a very subtle, insidious effect. In many are a lot of people who have been a part ernment is collecting an average of ways we do not see the effect of the of this process for a long time and who $6,500 for every man, woman, and child taxes when we pay them. have been committed to it as well. in America, every year, to fund the The gentleman alluded to some spe- Most Americans, I believe, think we programs that it is currently running. cific instances where we end up paying ought to put partisanship aside, roll up That is what we are talking about taxes and many times are not even our sleeves and go to work solving the when we are talking about controlling aware that that is the case. It strikes Nation’s fiscal problems. They like the the size and scope of this Government. me that there are some things in this idea, at least I think the 1996 elections We are talking about reeling in spend- particular proposal, the plan that we suggested this, of a political party ing so that we do not have to continue approved last night, which are just from one side in the White House and a collecting that much money from our going to be tremendous benefits to peo- Congress from the other, swallowing families and placing that great a bur- ple all over this country. I think of their pride, holding their noses if the den on our families today financially. those in my own State. Of course, our case need be, and meeting each other Mr. HULSHOF. Mr. Speaker, I think State is primarily agriculture and halfway for the good of the country. the gentleman makes an excellent small businesses. We have a lot of fam- The Democrats have joined the Re- point that oftentimes these taxes are ily farms, we have a lot of small busi- publicans in agreeing that the United in the form of fees that are actually nesses on the main streets of South Da- States must get its fiscal house in hidden in some forms. kota, and things that are going to real- order. We have finally come to under- I had a radio townhall meeting that ly benefit an area like that. stand that to avoid doing so is not only was focused on Tax Day. We were just We talk a lot about preserving the bad policy but it is immoral as well. talking about all different types of tax culture of the family farm in America. I think a new consensus is emerging issues. A gentleman made a point, he One of the big deterrents to that is the in this country, a consensus of common said, I am puzzled because I hear you in fact that when someone dies, we have a sense, of fiscal restraint born of the re- Washington talking on the floor of the death tax. It is very difficult to pass it alization that our children’s future de- House and in other ways that we are on. In many cases, those properties pends on an economy free of crippling paying more in taxes than we do for have to be liquidated just to pay the deficits and a skyrocketing national food, clothing, and shelter combined. Federal Government what is due in debt. As once said, it H3160 CONGRESSIONAL RECORD — HOUSE May 21, 1997 is incumbent on every generation to standing between congressional Repub- cit, and these are the charts of the gen- pay its own debt as it goes. licans and President Clinton and writ- tleman from Wisconsin [Mr. NEUMANN] Republicans and Democrats have fi- ing the terms of this agreement into that was here a few minutes ago. The nally stopped bickering and come to- law. This is only a starting point. We red lines, the red bars, are what in 1995, gether to find solutions to our most have no time to waste congratulating under the Republican plan, what we chronic of economic problems. Where ourselves. projected our deficit to be. As you can we can find common ground, where we Where we can agree, we still need to see, our deficits are much lower all the can agree on solutions, we have acted work together, and we will work to- way out through 2002 as a result of less to cut spending and to provide tax re- gether. Where there remains disagree- spending. lief for American families. Where we ment, I say, let the debate begin; be- Now this was far and above beyond are still far apart, and we are in some cause if this were the end of the discus- our projections and our hopes and what areas, we have done the best that we sion, many of us might have reason for we had aspired to accomplish with defi- could. concern, but this is only the beginning cit reduction, and again what this The American people, I believe, are of what will be a long process. The shows: this was a surprise to many peo- tired of tantrums, they are tired of ac- journey of 1,000 miles starts with a sin- ple, so there are many people that still cusations and name-calling and intran- gle step. Tomorrow there will be plenty do not believe this. They still cannot sigence on Capitol Hill. They demand of time for passionate debate, for un- believe that the deficit actually shrunk that we cooperate, that Republicans compromising stands, and for further more than we had hoped, even with the and Democrats alike work together to battles. So today let us join hands new Congress taking over back in 1995. find common solutions to our prob- across the aisle and make that impor- And we expect that to go down even lems. We Republicans gave a little. The tant first step together. more. Democrats gave a little. We agreed to To my friend from Missouri, I look This is the real effect of moving support some of the President’s domes- forward to working with him and the wealth out of Washington and tic initiatives and he agreed to respect other members of our freshman class, strengthening the financial positions of our priorities. some of whom are on the floor this every American family, not by giving I think critics on both the left and evening, the gentleman from Colorado, families handouts or by giving more the right have denounced the biparti- Mr. BOB SCHAFFER, a very distin- Federal benefits or creating more gov- san balanced budget agreement be- guished member of our class, to do the ernment programs, but just by leaving cause it does not fully satisfy all their things that are important, to see that people alone, just by taxing them less, demands. They are absolutely right. we implement the promises that have by allowing the dollars in their pockets The budget agreement cannot be all been made, that we continue to stand to be more productive. things to all people. It is, indeed, a And you know the deficit projections, compromise, but compromise, after all, firm on the principles that we believe in and the things that we talked about, even the blue bars that we have pro- is a prerequisite of democratic govern- jected out in 1998, 1999, 2000, 2001 and ment. Without compromise, there can and the reason that we are here today. We have something which I think is way over there at the end in 2002, and be no progress. let me point that out. This way over One sign that the balanced budget just absolutely an historic start, and I here at the end, the far left of the agreement is a good one is that no one look forward to continuing down the graph in 2002, you cannot see the line is completely satisfied with it. Every- road toward fiscal responsibility and here, right over there. That is because one, Democrats and Republicans, Con- fiscal sanity in this country. I think it we projected that deficit will be a neg- gressmen and Senators, can think of is the right thing to do, for our kids ative deficit in 2002 by about $1 billion ways the agreement should be altered and for our grandkids. at this point in time. But even these to make it more to his or her liking. Mr. HULSHOF. I appreciate the gen- There is a time for ideology and a time tleman’s words. I think very elo- projections have the possibility, the for practical wisdom. There is a time quently stated. outside prospect, of even coming in for fiery rhetoric and a time for calm I yield to the gentleman from Colo- lower than we project here today. Now these are conservative numbers and reasoned accommodation. There is rado. because we are a conservative legisla- a time for speechmaking and there is a b 1845 ture. We want to be careful. We do not time for action. Mr. BOB SCHAFFER of Colorado. It is time to act. We have com- want to over promise and then end up Mr. Speaker, I appreciate the gen- promised on specifics, on details, with- under delivering at some point in time. out compromising our principles, for tleman. I want to continue on the ob- But just as these projections here for there are certain core principles, I be- servations that the gentleman from declining deficits were far surpassed lieve, that Republicans will never com- South Dakota observed. and far exceeded by reducing the defi- promise on. We will never compromise Mr. Speaker, we talk about what cut- cit more than we had anticipated, that on the principles of limited govern- ting spending and slowing the rate of opportunity, that chance, still exists ment and individual freedom. The bal- growth in government means for the here. In fact, if the economy continues anced budget agreement represents a American people, and it really is dol- to perform as strong as it is today over critical first step. Keeping our prin- lars in the pockets of American fami- that next 7-year period out to 2002, we ciples always in sight, we need to move lies and American individuals. Well, will see deficits come into a balanced forward together. this is how this works. What occurred budget period before the end of the dec- I think that leaves us with one final in 1995 when the Republicans took over ade. And again that is all predicated on question; that is, where do we go from the Congress and began to become seri- some assumptions that turning wealth, here? I think it is important that we ous and make this institution serious turning authority, turning of power look down the road because we have about shrinking the size of the Federal away from Washington, DC, and toward achieved a great milestone. Reducing Government, the impact of that was to the States and toward families and the size of the Federal Government, re- put more cash, more wealth not in communities is in the long run bene- forming entitlements, revamping the Washington’s pocket, not centralized ficial for communities. Tax Code, all of these goals are ex- here in Washington, DC, and in big gov- Now the gentleman from Missouri tremely important and they have not ernment, but to move that wealth out mentioned tax cuts before. You know, been forgotten. But the importance of to the country again and put it back in many people did not believe this either. the balanced budget amendment should the hands of the people who are earn- They did not believe that we could ac- not be underestimated. The road ahead ing it and working hard, who, in fact, tually cut taxes and see us glide, put of us is a long and an arduous one. As spend those dollars more wisely and ourselves on a glidepath towards a bal- conservatives, we look at this budget better on things that are more impor- anced budget. Even the President dur- agreement as a promising beginning tant for their children, for their farms, ing the course of the 1996 campaign and nothing more. for their businesses and so on. said this is ridiculous, you cannot cut Much of this year will be spent im- When you look at these blue bars taxes and balance the budget at the plementing the provisions of the under- here; again this is the levels of the defi- same time. But, lo and behold, we come May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3161 here to Washington, and when forced to Mr. HULSHOF. Mr. Speaker, I think ital gains tax is one that is critically compromise and sit down at the table this is a point worth visiting about. important if they want to sell a certain with reasonable Republicans and those You know, the economic pundits, portion of their farm, if they want to who understand full well the economic some of the political pundits have real- sell equipment, if they want to sell a history of America, that President ly in the last weeks, you know, have home, sell anything tall of value that came to the conclusion that cutting had a heyday with poking holes in and they have accumulated. taxes is indeed necessary to achieve pointing out some parts, perhaps, of First of all, they paid income on the our common goal of balancing the the agreement that they do not choose income that they earned in the first budget. to support. Some economists talk place to put into those investments, Now there are those, as we men- about or mention the fact that our and then when we cause that farmer to tioned before, in the outside, the economy, granted, has been very pay again on the capital gains and the fringes, of those represented here in strong for a period of time but that it value of those assets, we tax that farm- this body who oppose the idea of tax is living on borrowed time, that if you er twice. It increases the failure rate of cutting. They do not want to put more look back in history that surely there farms throughout the country, it in- authority into the hands of families is, you know, perhaps a downturn creases the price of food and the price throughout the country. They like ahead. of production for consumers. holding it here because it puts them in But I think the gentleman is dead on Mr. Speaker, a capital gains tax cut charge here in Washington and in the with this point, that looking back at is not about helping the rich, it is Congress. history, whether it is a modest cut in about helping me, it is about helping Well, fortunately this morning, when the capital gains tax rate, and we do you, it is about helping just about any- we voted on this package, the reason- not know what that is going to be or body we meet on any given day as a able voters, the reasonable thinkers, how extensive that is going to be, but Congressman in our district relating to the reasonable Members of Congress I know even through the campaign and constituents. who are dedicated to balancing the even beyond since being sworn in as a And the tax, the same budget, came to their right conclusion, Member of this body people back in the applies there as well. Again we have that cutting taxes, reducing spending, Ninth Congressional District of Mis- farmers with large acreages that when reforming entitlements and making souri have talked about holding on to the farmer gets old and decides that he government smarter will accomplish a capital assets. I have got a good friend, wants to get out of the business and balanced budget by 2002. That is the a gentleman who is in his mid sixties leave the farm to his children, it is vir- promise of the agreement that was who worked a lifetime, his career, for tually impossible to keep that land in reached this morning and that was con- Wal-Mart and accumulated through production any more. The cost of in- firmed by this House and will soon be, that company stock that he now can- heritance tax at over 50 percent of the I am confident, over in the Senate as not dispose of because he cannot take value of a farm and the assets makes it well. the hit that the capital gains tax rate almost just out of the question to have It is the capital gains tax, the inher- would put on him and his family be- one of the children continue to keep itance tax, the $500 per child tax credit, cause they are really at a time their that land in production. the tax relief for college students, fam- kids are grown and they are out of a So these taxes, by cutting those ilies who send their children to college, house. But they are really trying to taxes, we really will see the economy those kinds of reductions in tax policy, make it through retirement and trying perform in a way that I described be- that tax relief that we provide to fami- to plan efficiently, and he by no means fore that allow us to achieve these lies, that is the seed corn that really considers himself to be a wealthy goals and objectives of lowering the helps us start our economic engine to American, and yet when you listen to deficit and eventually getting to the go a little faster, to be a little more these, you know, the pundits; you point where we begin to put more and productive, to run a little stronger. know they talk about tax breaks for more emphasis on paying off the na- This case was proven a couple times. the wealthy and this demagoguery, and tional debt which is another huge prob- There are many economists and many I think the gentleman has a good lem that does need to be dealt with. liberal thinkers who really believe that point, and I yield back to him. But seeing a very liberal President when you move authority out of Wash- Mr. BOB SCHAFFER of Colorado. like Bill Clinton and a conservative ington that it causes the country to Well, tax cuts for the wealthy is really Congress like that we represent here undergo some kind of damage. But a joke when you hear people say that come together to agree that the Amer- President Kennedy, a Democrat; Presi- here because what we are talking about ican people sent, for some reason sent dent Reagan, a Republican, both here is your average American. a liberal President, a conservative Con- proved to the American people that I got to tell you I come from eastern gress, they sent us all back here to when you cut tax rates, you effectively Colorado. It is a very agrarian district, Washington and stirred us up and said increase tax revenues to the Federal just farming and ranching is the pri- please get the job done, balance the Government. mary industry, and when I go on farms budget. The fact that we have been Now what I mean by that is that and meet farmers and ranchers in the able to come from those two positions when you tax people less, they go out small towns in the eastern plains of to the center in such a commonsense and make better investments. They Colorado, what they tell me is about approach that you see here represented pour their income and their wealth the impact of the capital gains tax. today is a great day for America. into more productive activities. They Now these are farmers who worked Mr. Speaker, I really believe that. We buy new businesses, they buy that new the land every day, they work hard. really are making life more promising piece of equipment that allows you to They are not wealthy; these are not for American children, for my kids, for be more efficient, they put their child rich people. If you look at their port- your kids and for all those that we care or their children into better schools, or folio, you might come to that conclu- about in our districts and throughout maybe go invest in getting the better sion, but all of their assets, all of their the country. college degree, or getting the masters hard earned income, is invested back Mr. HULSHOF. I see, Mr. Speaker, degree and so on. They put this wealth into the farm, back into equipment. our time is just about to elapse. into more productive activities. You know, expensive equipment, House Concurrent Resolution 84 will What President Kennedy and Presi- poured into the costs of just maintain- never become a household phrase, does dent Reagan proved is that this trend ing land any more with high property not fall trippingly off the tongue, but is something we should expect that is a taxes, Endangered Species Act that that is the resolution that passed early real promise to the American people. you have to comply with, endless rules this morning, about 3:30 this morning, Cutting spending, cutting taxation, and regulations that come out of Wash- by a 333 vote to 99 margin. This is a making government more efficient re- ington. By the time the day is over the plan that will balance our Federal sults in more liberty, results in more farmer has very little to show for the budget. It is going to restore economic wealth for the American family, more hard work that they have poured into freedom and opportunities for all independence and more freedom. their labor, but the impact of the cap- Americans. H3162 CONGRESSIONAL RECORD — HOUSE May 21, 1997 To sum up what we have talked Mr. PALLONE. Mr. Speaker, tonight be done with respect to education, and about, Mr. Speaker, this agreement I want to talk about the Democrats’ I can use the Pell Grant Program, I saves and protects Medicare for the education agenda. As many Americans think, as an excellent example of that. next decade which insures that older know by now late last night the House While the $300 increase in the budget Americans will continue to have access passed a budget agreement that would represents the largest such increase in to quality health care. Family farms balance the Federal budget by the year over two decades, the fact of the mat- and family businesses will finally have 2002, and this agreement was very ter is that a much larger increase is relief from the very punitive Federal much a compromise between Demo- needed. inheritance tax. The forthcoming budg- crats and Republicans. Like any com- I know that there are many students et also calls for a reduction on the tax promise, it does not have everything in this country that depend upon the and savings and investment, otherwise that both sides wanted, and while I Pell grant, and the Pell grant is essen- known as capital gains which will cre- voted for the agreement and I am tially the cornerstone of all of our stu- ate additional economic growth as we pleased that it addresses some of the dent aid programs. It is a means have discussed. There will be education country’s most pressing education through which millions of students initiatives for families who are want- needs, I want to stress that I believe who would otherwise have been unable ing to put kids through school, addi- strongly that there is a lot more work to attend college have been able to at- tional funds available for Pell grants that needs to be done. tend college. But a lack of adequate in- and moneys, much needed moneys, b 1900 crease in the program over the years some $9 billion more for roads, for has resulted in a substantial decrease As I said, however, there are a num- bridges and for infrastructure. Those in the real value of Pell grants. are additional moneys, $8 billion over ber of positive developments in this It is very easy to understand. Basi- and above what the administration re- budget agreement with respect to edu- cally what we are saying is that even quested. cation. The President’s America Reads though the amount available for the Program was included; this $2.75 billion This is a win-win budget. Pell grant has increased, inflation has program aims to teach every child in You know there was a lot of passion- been much higher than the amount of the country to be able to read inde- ate debate, and I am honored the de- the increase that the Federal Govern- pendently by the end of the third bate went well into the evening last ment has been providing. So if you night and early this morning. In fact grade. Other elements of the Democrats’ look to a January 1997 report from the this morning I have been answering Congressional Research Service, it says some questions today because there education agenda that are a part of this budget agreement include an ex- that although the maximum grant were several substitute amendments level increased by 34 percent from 1980 and some have asked me why did you pansion of Head Start. One million to 1997, after you adjust that for infla- not support this version or that sub- children will be covered in Head Start tion, the real value actually decreased stitute amendment or that particular by the year 2002. by 13 percent. Increases, again, in the one; why did you support this one? And The President’s technology literacy Pell grant funds have not kept up with it was difficult for me to describe a day challenge fund will also will be fully inflation. that happened a couple of weeks ago funded. It will play an invaluable part in preparing our children for the future This has obviously made it very dif- where we had had a very contentious ficult for students dependent on such day in this House, it had really been a by teaching them how to use computer grants to meet the cost of college. At a tough day, debate had really become and other technologies and giving them New Jersey State university, Rutgers, somewhat partisan, and I choose, Mr. the resources on which to learn. Every which is in my home district, 8,498 of Speaker, rather than going through the classroom in America will be con- the approximately 20,000 students re- tunnel and walking through the maze nected to the information super- ceiving Federal aid received a Pell back to my office over in Longworth, I highway, every teacher will receive the grant during the last academic year. decided on that day to walk out the needed training, and all students and However, these students as well as mil- front door out into the sunshine. It was teachers will have access to the needed lions like them in schools across the a beautiful spring day; the clouds, not technology. country would obviously have had an a cloud in the sky, a beautiful crisp For higher education, which is obvi- day here in Washington, DC, and as I ously very important, the budget easier time paying for college if we burst out the front doors of this House agreement includes $35 billion in tar- could simply keep the Pell grant fund- out into the sunshine, at the bottom of geted tax cuts. This $35 billion includes ing levels even with inflation. We can the steps of this Capitol there were cuts consistent with the Democrats’ see, of 20,000 students at Rutgers, this about 35 or 40 high school students all family first agenda and the President’s is really almost getting close to 50 per- dressed in their school colors, and their HOPE scholarship and tuition tax de- cent that depend on the Pell grant and choir director facing them, and they duction proposals. have found that they cannot keep up were singing a four part harmony med- These tax cuts have been a major with inflation with the grant that they ley of patriotic songs. part of an education agenda the Demo- are getting. And in that instance, in that instant crats have been pursuing for some 2 Now, another issue that I am con- moment, suddenly the divisive debate years, and they are an important com- cerned about is the potential inability melted away, and I thought of that mo- ponent of our larger plan to make ev- of tax benefits to help those on the ment, Mr. Speaker, last night, as we eryday life more affordable for the av- lowest end of the income scale. In left the Chamber about 3:30 in the erage working American family. other words, I, for one, am very much morning, because what we accom- The agreement, I should say, Mr. in favor of the education tax cuts that plished here last night was for those Speaker, also includes a $300 increase have been promised as part of this students and students and men and in the Pell grant award and that in- budget resolution, but the problem al- women all across this country just like crease brings the maximum Pell grant ways is that tax cuts or even tax cred- them. award to $3,000. its are not that helpful if one is not This is truly a historic day for them Mr. Speaker, I want to stress again paying taxes. So again, as valuable as and for all Americans. that the inclusion of these items in the they are, they are not addressing those f balanced budget agreement is without on the lowest end of the income scale. question a vindication for Democrats. What we are saying then is we need THE DEMOCRATS’ EDUCATION President Clinton and congressional to look beyond, if you will, and target AGENDA Democrats place education at the very more, if we can, to lower-income people The SPEAKER pro tempore. Under top of the country’s priority list, and who no longer have any tax liability to the Speaker’s announced policy of Jan- we have been successful in getting pay for college. uary 7, 1997, the gentleman from New some, and again I will stress some, of Still another important element of Jersey [Mr. PALLONE] is recognized for our goals accomplished. our education agenda that was not in- 60 minutes as the designee of the mi- I have alluded a number of times to cluded in the budget agreement was nority leader. this notion that there is still work to school construction. Those of us of the May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3163 American public who listened to the lot of the dialogue over the last week tioned; and when we talk of tech- debate during the budget resolution has been about the balanced budget, as nology, as important as it is in every last night noted that many of the it should be, and I supported it, as did classroom, the Internet, that unfortu- speakers lamented the fact that the most of the Members of this House, but nately, for many of the teachers in school construction component of the we cannot lose sight of the important that school, there are not even tele- President’s budget proposal was not in- responsibility we have in this body this phones available for them to use to call cluded in this agreement. year to expand the educational oppor- parents when they have a need. According to the General Accounting tunities for middle-class families in So these are some of the infrastruc- Office, one-third of our Nation’s school this country, but also for those fami- ture needs that we have to address. are in need of major repair or complete lies who have their hopes and dreams There are those who would say that replacement. While I am glad that the set on becoming part of the middle that is the responsibility of the local budget agreement includes money to class. units of government, and I would hook every classroom up to the infor- As the gentleman knows and Mem- agree, but so are a lot of other things mation superhighway, as I mentioned, bers of this body know and many peo- in this country. We did not ask those I think we should not have put the ple across this country, given the chal- questions and do not necessarily ask horse before the cart. Before we begin lenges of the 21st century, education is them when it comes time to make equipping our schools with technology the one thing that is going to open that grants on law and order, which I have for the 21st century, we should make door of opportunity for so many people, strongly supported in this House and at sure the physical structures of the and it has really been true through the the State level. It has been my experi- schools themselves are in proper condi- ages, but now it is more important. ence that children do not normally ask tion; otherwise, it is very difficult for As our task force has worked, and I want to commend the Members of the who provides the resources for their children to learn. education. Usually, their parents do During consideration of the budget task force that was set up by the lead- not ask. They just want to make sure yesterday, I did support the substitute ership, we have had excellent attend- they are there. proposal of the gentleman from Massa- ance. Of all of the task forces I have chusetts [Mr. KENNEDY] that would served on, I think more people have I have often said that children do not have included $5 billion for school con- been in attendance and have had more know what they need, they only know struction. The proposal would also input, and it seems that at every meet- what they get. It is our responsibility have set the maximum Pell grant ing we get more new ideas and hope- to make sure what they get as students award at $3,700, $700 higher than in the fully we will be able to roll those out is the very best we can provide. Not agreement that eventually passed. Not pretty soon. that money is the only answer, but the only would it have balanced the budg- As I said to the gentleman on this gentleman may have heard me say et, but it would have produced a $2.5 House floor back on February 25, when this, not on this floor, but I have said billion surplus in that year as well. it comes to education, as we talk about it at civic clubs and I have said this to Now, I mention this again because I it, there seems to be many times a my friends at civic clubs; if buildings think it is an important point that the whole lot more talk than there is ac- are not important, when our industrial Kennedy budget substitute illustrates tion. That is true of a lot of bodies. But hunters in our Chamber of Commerce that we can increase funding for edu- I believe this year, with the focus that invite the new industrialists to town, cation even beyond what has been pro- our party has had historically on edu- take them down and show them the posed and still balance the budget. In cation, with the focus that the Presi- rundown warehouses and say, this is other words, it shows that in providing dent has placed on it, and with the where we want you to open your new ample funding for education, what we framework that is now being put to- business. Because the facility really are really doing is deciding where our gether and was provided for in the bal- does not make any difference, it is the priorities are going to be. One can de- anced budget agreement that passed quality that you have inside. vote more money in this budget to edu- last evening, not everything we would Mr. Speaker, we say that to our cation if one makes changes and cuts like to have had, of course, as the gen- schools many times, and the quality somewhere else. tleman indicated, but that does not inside is very important. I would not That is why I am here today, to urge and should not stop us from looking at want anyone to mistake that. It is im- all of my Democratic colleagues to join those broader needs outside the budget portant. But the quality of what we me in building on the momentum for agreement; because if the economy have on the outside says what we education that we have established in continues to grow, as we think it will, value, and I think that is important as the budget resolution. and the conservative numbers are as we look at facilities. Now, I should point out, I am not a they are, and the economy grows, there I trust that as this process moves member, but there is a Democratic will be resources to do some things. along, we will have time to draw atten- education task force that has been As I look across this country, and our tion to that. I think it is important, working now for some time, trying to task force heard from a number of because if we are going to have excel- put together, looking at the Presi- folks, and in the original proposals lence, as we must have for our children dent’s proposals, looking at the budget there was about $5 billion to use as le- to compete, and provide for them that agreement, and basically trying to put verage money to help some of the most opportunity, that gives them a chance together a Democratic proposal or se- hard-pressed cities and counties across to not only get a high school diploma ries of proposals, if you will, to address this country meet some of their facil- that is so important, but to get a di- education needs. ity needs, and I have often said when I Mr. Speaker, one of the cochairmen was State superintendent in North ploma that really does mean some- is here tonight, and I would like to Carolina, and I have a number of car- thing. have the gentleman from North Caro- toons to prove it, that it is important I happen to believe that our schools lina [Mr. ETHERIDGE] join me, if I could for children to go to school. are doing a far better job today than yield to him at this time, and maybe As important as it is to have prisons, they are getting credit for, because we he could give us some information to lock up the people who are violent have some of the best people in the about what they have been doing and criminals and have broken the law, it classrooms teaching today than we comment further on some of these is- is unacceptable in a society that has have ever had. sues. I am pleased to see my colleague the resources that we have in America here tonight. that we have prisons that are nicer b 1915 Mr. ETHERIDGE. Mr. Speaker, I than some of the schools we send our want to thank my friend from New Jer- children to. Unfortunately, that is true Our students are coming out better sey, Mr. PALLONE, for organizing this today. It should not be. A child should prepared. That having been said, we special order on education this not ride by a new $20 million prison to have not reached the level that we need evening. Yes, we have been doing a lot go to a rundown school where the to reach in this country. I think any- of things. water fountains do not work the way one would say that. This Congress has been doing a lot. they should, the bathrooms will not But I think we do have to acknowl- Let me touch on a couple of things. A flush, the rooms are not air-condi- edge the successes that we have had, H3164 CONGRESSIONAL RECORD — HOUSE May 21, 1997 because unless we are willing to ac- fore that student gets to elementary on a number of occasions, you go in knowledge the successes, then it is school, he is not thinking about high that building several years later and it very easy for people to get discouraged, school, before they get there, for every is still in good shape. It is amazing and once discouraged, it is hard to get dollar we invest in early childhood edu- what happens to the attendance rate. it going again. cation we save the taxpayers of this It goes up, in many instances. People Mr. Speaker, if we look at the Na- country, State, local, and Federal, $7. feel better about themselves. Dropout tional Assessment of Education That is a pretty significant return. rates tend to go down. Academics im- Progress, which is one of the measures Those are not my figures, those are prove, as long as you have a good in- that roughly 42 States in this country independent figures that were done. structional program. All of these ascribe to for fourth and eighth graders If that is true, and we think in terms things do work together. in math, and in reading, that report of the standards of excellence in math Some have said that it costs us in just came out in the last 2 months and reading that are part of that core this country roughly seven times as showing substantial growth across the responsibility we put on education, much, and that will vary some from country. Some States showed far more then if we will deal with that crum- State to State, but almost seven times growth than others. bling infrastructure, we provide teach- as much to keep a person incarcerated I was very pleased that my home ers with the resources they need, not as we spend on education in Federal, State over the last 4 years showed the only just in technology but in the sup- State and local funds. largest growth of any State in the Na- port they need on a daily basis, and we That is not to say that we should not tion, a real tribute to the teachers and get children to school ready to learn. have some people incarcerated. There to the students, but that did not hap- It is easy to talk about it, but we are are some who need to be there and they pen in 2 years or 3 years. It has been unwilling to put the dollars. Yes, it need to stay there. But my point in about a 10-year process. does cost money. It is an investment. If making that is that when we think in I only mention that because I think we are going to save the dollars on the terms of education and our responsibil- it is important, as we think of edu- back side, for a period of time jointly, ity, we need to look at education as an cation. It is a process and it is a jour- Federal, State, and local, we have to do investment. It is not an expenditure, it ney, it is not a destination, as the gen- both. We have to get children ready for is an investment. As a businessman for tleman spoke earlier about the oppor- school and ready to learn, and we have 20 years I understand what it means to tunity for providing that door of oppor- to get them to education beyond high invest and get a good return. If we will tunity for our middle-income young school, because depending on where invest in education and in those oppor- people and parents to make sure their you are in the United States, depend- tunities for young people, they come children have a chance to go to college. ing on the level of incarceration, the back many times over. We are now recognizing that it is no expenditure for incarceration for those As we talk about this leveraging, the longer acceptable for 20, 25 percent to people that do not make it, and rough- gentleman mentioned it earlier, and I go on to the university. Everyone ly, depending on where you are, any- do trust that before this Congress goes home we will find a way to work to- needs to get an education beyond high where from 75 to 80 percent of the peo- gether to come up with a one-time $5 school. The reason for that is because ple who are incarcerated in this coun- billion infrastructure piece, because of where the jobs are going to be in the try were high school dropouts, it tells that will leverage roughly $20 billion in 21st century. us there is a relationship between suc- investment across the country in some On our task force, as we began to cess in the schools and the problems look at it, and we listened to some of much-needed infrastructure. people encounter later. But if the gentleman is looking at it the speakers who came and talked with I have often said as I traveled at the beyond education, as just a purely us about where the jobs are going to State level, if you really want to see business investment, it employs people. be, in the high-technology industry, the stark reality, go into the court- It will return dividends down the road and the responsibility, they triggered rooms. Go into the criminal justice in terms of dollars paid, and pay itself on several areas in the country. I will side. You will really see the reality of back many times. only use my home State as one of the people who did not make it at the The gentleman touched on the tech- those, only for an example this public school level, for a variety of rea- nology piece, because it is important. evening. sons. Let me share with the gentleman very As we think of North Carolina, hav- If you go over on the civil side you briefly, and then I will see, the gen- ing been a rural State over the years, may see other people suing one an- tleman may want to ask a question. and the Research Triangle being there other. They tend to have much better I was in a school 2 weeks ago tomor- and the growth that has taken place, educations. But on the criminal side, row back in my home district where we high-technology is now the second you really see the stark reality of the were hooked up on the Internet. One of largest industry in the State of North problems we face, and we have to work the schools was in England. The other Carolina, larger than furniture, larger together. It is not an issue that we can school was in Belgium. The other than agriculture in terms of the num- transfer to someone else, and we can- school was in Massachusetts. I was ber of people directly employed. If you not say, This is the Federal part, this with a fourth grade class right outside take agriculture and take the second- is the State part. We all have to realize Raleigh, NC. ary benefit, then it would be different. our resources are limited. Those students, each class had done a But over 100,000 people in our State are For those areas that are so difficult, project from each school. They shared now employed in high-technology. as the gentleman touched on earlier, as the project, how they developed it, why In 1995, the average salary, the aver- it relates to infrastructure, facilities, they developed it. One was on the age salary of a person employed in there would be those that would say to lighthouses on the coast that were in high-tech is $42,166. These are some of us, and I have heard it said, the build- danger of falling in the ocean, and one the best jobs around, when we look at ings are not the difference. was in England who had a project on the average across the country. That is I disagree with them. If they really the Common Market, and each one had roughly about $24,000. So the gen- believe that, if they truly believe that, explained to the other three schools tleman can see that is important, but then I cite them the example of a busi- their project. Then they were able to those jobs are going to people who have ness. But more importantly, I would ask questions. education beyond high school. Of the ask them if facilities are not impor- I only share this when the gentleman jobs that will be created over the next tant, then why do businesses continue touches the technology piece, because 5 to 6 years, it will require at least 2 to build new facilities? Why do we want this is an example of what we will see, years beyond high school. to move into nicer and nicer homes? I think, in the very near future, be- When we talk about investing in chil- Because it says a lot about us, it says cause this is a joint partnership, as the dren and getting them ready to learn, a lot about what we value. gentleman remembers. Many of us in according to a Rutgers University If you move children into a nice new this body signed a letter and sent it to study, every dollar that we invest in building, and I have seen it happen the Federal Communications Commis- early childhood education, this is be- time and time again, as I have spoken sion. They in turn issued an order for May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3165 lower rates, roughly as much as 90 per- ever it is, direct student loans, have been here long enough to see those cent, for Internet access to schools and not kept up with inflation over the last things change dramatically from when libraries all across the country, not un- 20 years. the budget resolution is passed to when like what happened in the 1930’s in this But the problem is that if everything we do the budget reconciliation. country when the Commission issued we do or if most of what we do is strict- I think we need to stress that over an order that we would have universal ly oriented toward people or parents the next few months, many of the access to telephones, or the rates that are paying taxes, then you are not things that maybe we were not dis- would be varied so we could have it. going to really help the lower-income cussed or not specifically laid out in I think the next few years are going students that much. Although there is this budget resolution can still be im- to be very exciting in schools, but it is an increase in the Pell grant, a very plemented. I would like to see the going to take a partnership and co- significant one in this budget agree- school construction component in- operation; as someone said one time, a ment, that in itself will not make up cluded, and I would like to see the re- lot less heat with a lot more light on for the difference. fundable tax credit, the way the gen- the part of those of us who are setting So the idea is to perhaps provide this, tleman outlined. policy, to make sure that children in this $1,500, as an additional source of Mr. ETHERIDGE. Mr. Speaker, if the this country get the opportunity to funding, even if you are not eligible for gentleman will continue to yield, one compete in an economy that is daily the tax credit. I think that makes of the pieces that, having served as the becoming more and more globalized in sense. State level before, I came here and terms of our resources. Mr. ETHERIDGE. Mr. Speaker, if the been superintendent when we talked With that, let me ask the gentleman gentleman will continue to yield, one about budgets there, I think this is a question, because he has followed of the areas we have talked about, and something the public does have a dif- this very closely, as we talk about edu- I hope we can roll it out in the not-too- ficult time understanding; when you cation being a journey and really not a distant future, is for that to be refund- talked about a budget, you had already destination. If I may refer back to the able. That way it would serve the same appropriated your funding. You had set gentleman, my good friend, on this purpose as if it were part of the Pell the spending levels. And when you whole issue of the HOPE scholarship grant funds for those in need. passed the budget, that was it. And in and the opportunity for providing re- Mr. PALLONE. I think that makes a effect, here when you do a budget reso- sources for the middle class, there is a lot of sense. lution, that is not the end of the proc- dialogue on that about whether or not Mr. ETHERIDGE. That is a very de- ess. It is just the beginning of the proc- it would be refundable, so you would batable item right now. I think most of ess, which is the very reverse, because reach down for the Pell grants and oth- the people on the committee feel very at the State levels and local levels ers. strongly that is the way it should be. when you do a budget, you work at I hope the gentleman would touch on b 1930 your priorities. You determine what that briefly, and maybe we could have your revenue is and then you fit what a little dialog on it. Mr. PALLONE. Maybe one of the you can spend within those param- Mr. PALLONE. Mr. Speaker, I appre- things that we should mention, I know eters. ciate what the gentleman has stated. myself and a number of people men- Here once we pass the budget resolu- Obviously, he has a lot of expertise on tioned it during the budget debate yes- tion, as we have just previously stated, a number of these education issues. terday and leading up to the budget de- that begins the process through real That is why it is good to have him here bate, I think it needs to be stressed hard decisions when we put the appro- talking about these issues on the floor, even more. I am assuming that tomor- priations bill out or those number of as the co-chair of the Democratic Task row the budget, some sort of budget bills we run in each category. You Force. conference between the House and the must fit them, the parameters of the My understanding is that the HOPE Senate will be adopted. I guess that is overall budget, and then reconciliation scholarship is an up to $1,500 amount still questionable depending on what comes when all of them fit within the per student for tuition and fees. It can the other body does. But if it does hap- numbers. be claimed in 2 tax years for any stu- pen, we will be going back to our dis- Mr. Speaker, my colleague is abso- dent who has not finished the 13th and tricts during the Memorial Day break. lutely correct, that is where the heavy 14th years of education, and it is ex- And as much as this is a historic agree- lifting is going to come over the next pected to help about 4.2 million stu- ment because it does lead to a balanced few months. I think that gives us the dents. It is a nonrefundable tax credit, budget, this is just a preliminary work. opportunity to really set the agenda. and of course in order to receive it a As we know, a budget resolution in One of the points just made that is so second time, the student has to have at the House, I often compare it to the important as we go home for the Me- least a B-minus grade-point average. budget in your house. It is not like a morial Day weekend, I plan to spend This is what the President has pro- municipal budget or a State budget. It some of my time, as I know many of posed. is more like the budget in your house. our colleagues do on the Democratic The problem is that, as with any tax It is not binding on anyone. It is just a side, and I trust the other side as well, cut or any tax deduction, if you are not plan of action. Of course the spending going into our schools because I do on paying taxes at a certain level you are bills or the appropriation bills and the a regular basis and actually teach a not really going to be able to take ad- reconciliation and the tax cuts, all class. You do not have to be a teacher vantage of it. The theory, I understand, that has to follow. We have to make to do it. And this may be the last and one of the things that a number of sure that we keep not only our col- month we get a chance unless you have the Democrats have talked about, is to leagues but I think primarily the Re- a year-round school because they will simply make that available as essen- publican leadership in line over the be taking the break for the summer. tially a grant, to the extent that you next few months to make sure that we It is amazing what you learn. You cannot take advantage of it as a tax make good and that they make good on find out how bright some of the young credit. these commitments to make sure that people are, some of the conditions of Again, I think, and I do not want to these education tax credits are there, some of our buildings and the needs take away from what we have done in that this Pell grant money is there and they have. But at the same time you the budget agreement and what the that these various education programs find out from young people how hungry President proposed, because I do think that we talked about tonight are in- they are to learn from officials, to that middle-class people, and I define cluded in the final package. know something about their govern- middle class very broadly, are having a In addition to that, Mr. Speaker, be- ment and how it really works. I know much more difficult time these days cause it is essentially recommenda- you do that from time to time. I trust paying for higher education. It is pri- tory, there is no reason why we could that we can encourage more of our col- marily because of what we said before, not have a refundable tax credit or we leagues to do the same thing. Go in and which is that these various scholar- could not include the $5 billion for the really give a teacher a break over the ships, tax credits, work study, what- school construction program. I have next few weeks. H3166 CONGRESSIONAL RECORD — HOUSE May 21, 1997 Mr. PALLONE. Mr. Speaker, when Just in the first administration, the But as large as that bond issue is, the my colleague was talking about new first 4 years, we had the change of the need was identified as over $5 billion schools and how much a difference they student loan program to a direct loan just in our State. If you take that num- make, renovations to schools, that is program. That has made a big dif- ber and put it across the country in 51 so true. Just to focus a minute on the ference at Rutgers University. I know States, certainly you would not mul- school construction and modernization you cited your study of Rutgers. At tiply it by 50 because there are fewer proposal, because it is not in the budg- Rutgers they have been really able to States because we only have about 10 et agreement now, and I think it expand the national student loan pro- percent of the students in North Caro- should be included as we work down gram because they give the loans out lina, but it is a substantial number in the road, first of all, I think that it directly and bypass the bank. terms of need. Some States may be should be known, and you already stat- The other thing is the, I call it even greater. So facility does have an ed, that the issue of school construc- AmeriCorps, or the volunteer program impact. tion modernization is not just for core where students, their opportunities for As we see the growth coming in stu- city areas or rural areas. It runs the loans have been expanded now because dent enrollment, and that is projected whole gamut. My district is primarily they work their way, work to pay the to continue, certainly in our State and suburban. I do not think we have any loan back or do voluntary work in the in most States that are growing all real rural areas. We have some areas community. across the country, over the next 8 to that would qualify as urban areas, but I have to say that that AmeriCorps 10 years, that will have a significant the bottom line is whether you go to program has been very helpful in my impact on the resources, I think, of the most suburban school and the district and provides another way for this Congress or should at the State wealthiest school or the poorest in my students to get some money to pay for levels and at the local level, how we set district, every day or in most cases college. There has been a lot that has our priorities. they have school construction and ren- already happened in addition to what If we really and truly follow what the ovation needs. the President is putting forward and President has said, and I think he is It was very interesting because one even in addition to the things that the right, that if we are going to compete of the urban areas that I represent is task force says, and I agree we need to in the 21st century, it will be with a Asbury Park. I had the opportunity a go beyond. much better educated work force, who couple of weeks ago to go to a brand- Mr. ETHERIDGE. Mr. Speaker, as are more productive, who are highly new school which they had a hard time you mentioned, having been at the motivated to meet those challenges. building because of limited resources. State level and, of course, I had the And as we train young people, we have Their tax base is very difficult to gen- privilege of serving as superintendent to make our schools fit that mold. And erate moneys for new construction or of schools for the State really at the to fit that mold, we have to have the renovation with their tax base. It was time that the current President was facilities, the tools to get the job done amazing. The school was maybe a year Governor, so we got to work with him and the people to help train them. old, maybe not even, and it was just some there, but his commitment to Certainly as we work together in the amazing to see the difference on the public education is really deep seated. task force with what the President has kids’ faces and the attitude being in a And I think he has a deep understand- laid out, and he has provided, I think, new school. ing for it. the kind of leadership over the last sev- I actually was there because we had He brought with him to Washington eral years to get us where we are, now gotten some books from the Library of that deep commitment, I think, that is Congress for their library. It was just very healthy, and I am very pleased to we have a long way to go to finish the wonderful to be in the new library and see the highest office in the land talk job, because it is one of those jobs that to see how much they had progressed. I about the commitment to education. you do not really finish. You just im- think that that is, if you listen to a lot And just by talking about it, it has prove on it and hopefully you leave it of our colleagues, I think many of us raised the level of commitment. And a little bit better when someone else were surprised today to see that this talking about raising the standards for comes to occupy your seat, whatever school construction initiative was not all of our students and for all of our that seat may be. I think that is the in the budget because it really is some- schools I think is a laudable commit- challenge that we face. thing that cuts into every district and ment. It is already starting to happen. Mr. PALLONE. I appreciate what the has an impact. It is amazing what happens when you gentleman said. And the other thing I All we are really doing is leveraging talk to other teachers and school offi- was thinking, too, with the President, money. We are not really providing cers, as I have had a chance to do and President Clinton, is that I think he money for construction, we are making I had the chance to meet with someone has not only focused attention on the it easier for towns based on the inter- today. As we look at this whole issue of need for us to prioritize education at est rates or bond issues that they education and we see that more young the Federal level, including higher edu- would have to provide. But that can people are in public school in the Unit- cation, but also the whole philosophy make a difference because a lot of ed States this year than we have ever of a lot of these changes and new ini- these towns simply do not have the tax had in history, and that number con- tiatives is very good. base or the authorization to provide tinues to grow, you get a sense as to In other words, the philosophy that the funding or the bonding to do the why the facilities are so cramped. you should be working, in other words, new construction. So it would make a The problems continue to grow in with the Americorps, that you actually difference. terms of need not only for facility but put in time, you work to pay back your Mr. Speaker, the other thing I want- for having quality teachers to go in loan, the idea with the HOPE scholar- ed to say, too, because I think it is so those classrooms, for having leadership ships, that you have to maintain a cer- important, is that, I know we have at every level to meet the needs and tain grade point average and you can- seen it with the education task force. I just having the resources to do it. not be on drugs, he is linking—I was think right now many people are hav- I could not help, when you were talk- worried, if I could sort of digress, I re- ing a hard time getting their kids ing about the school in your district, in member a few years ago when the through college that we forget how far and around the Research Triangle we President was first elected, and I was the President really has brought us for- have schools just literally exploding. having some town meetings. I was ward over the last 4 or 5 years. Last fall we had so many trailers in the talking about the need to expand some Really until President Clinton made State I had to travel the State, talk of these higher education programs. it a priority at the Federal level, edu- about it a lot, as many would do and as And most people, I think particularly cation really was not, and we still real- I should have done in my role. We because Rutgers is in my district and ly are not there, but it really was not passed a $1.8 billion bond issue last No- so there is a lot of people associated seen as a Federal priority. I have to vember in North Carolina, the largest with Rutgers who were very receptive say that he, more than anyone else, has bond issue in the history of our State to the idea. But I had a few people in stressed that the Federal Government by over 60 percent, the largest margin the audience who sort of harked back needs to get involved. we had ever passed any bond issue. to what I call an earlier day, an earlier May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3167 America, because I do not think what years in the State of North Carolina With that, when we talk about the they are saying is realistic anymore. after they received the scholarship. estimate of the cost, I would refer back We are saying, the students should The requirement was, obviously, they to the gentleman as he started talking simply work, if they have to work 5 or had to have a high academic standing about this whole infrastructure. One of 10 or 20 years in order to save, and then even to get in because it was very com- the things I have used many times, one they can pay to go to college or to petitive. And we do that with several of the few places that we continue to graduate school, we should not have other scholarships we do in the State. use temporary buildings and turn them loan programs or work study or other But to retain that scholarship, they into public buildings are in our public programs available to them. And the had to have a 2.2 out of a 4.0 their first schools, that public sector. Very few idea of some of these people, that we semester, and to retain it after their other places do we do that. are saying, that this is, somehow a sophomore year they had to retain a 2.5 It gets back to the point that the handout, that these programs that we out of a 4.0. And it was amazing what gentleman made so eloquently early have on the higher education level are happened, as now we are obviously 12 on. It has to be a higher priority, rec- a handout, I think that to the extent years or 11 years down the road, with ognizing that we do not have the first that the President has stressed the about 7 years of those young people responsibility for it, but we do have a work aspect, the maintenance of a cer- having gone into public schools. They responsibility to say it is a high prior- tain grade point average, being drug have absolutely started changing the ity for our children. And they all are free, they have taken away from the chemistry of our teaching profession, our children, whether they are directly notion that somehow these Federal because after the fourth year we start linked to us or not. We have a respon- programs are handouts. getting 400 students a year in the sys- sibility to invest. I do not think they are. I think we tem. Mr. PALLONE. I agree. I think we would be in very bad shape, certainly The challenge I think we face as we are almost out of time, but I just want- on a competitive basis with other coun- get more energized and focused is keep- ed to say that, obviously, this is the tries, if we told everybody they had to ing the young people in the profession. beginning. The budget passed at least work in a low paying job until they How do we pay them? How do we keep in the House and presumably in both were 40 and then go to college because them and make sure we keep the Houses by tomorrow, but this is really then their productive years would be brightest and best teaching the next the beginning of our effort. And I stress behind them in many ways. generation? Because that is the com- again the Democrats because we have mitment of America. That is the re- b 1945 been really talking about this as part sponsibility. If we are going to have a of our family first agenda for at least a But it is important to stress the phi- well-educated citizenry in the 21st cen- year now. losophy, I think, that many of these tury, we do it by having some of the I know the gentleman does, and I cer- things do involve work. Work study. best people in the classroom. tainly do and everybody within the AmeriCorps. All these things. And to That was our challenge and our goal. task force wants to make sure that put sort of an incentive on it that the The challenge we are facing in North these Democratic priorities in terms of President has done. I know many of the Carolina, I think, is the same challenge making sure that these tax credits and things we have talked about in Con- we face all across America. When I talk deductions go to help working families gress have been the same way. with others, after that fourth and fifth pay for education programs, and that I yield to the gentleman. year, how do we make it attractive we do have the priorities as far as edu- Mr. ETHERIDGE. If the gentleman enough, not necessarily with pay, cation programs, including things like thinks about this, the President talked though that is part of it, obviously, the school construction fund, are ulti- about it like the GI bill. We figured people have to be paid, but it gets back mately included. that the young men and women who to the gentleman’s first point, the rea- So I want to commend the gentleman fought previously in World War II and son I am bringing this up, the facility again for his efforts with the task the and even in Vietnam in which they work, the surroundings force, and unless the gentleman wants had earned a certain stipend and we al- we ask them to work in, where young to add anything, we will yield back. lowed them to use that to get an edu- people go to learn. Mr. ETHERIDGE. I want to close by cation. As I tell my 17-year-old son, that is thanking the gentleman for setting up It turned out a generation, a couple his work, that is his job every day this special order and hope I get a of generations of some of the best edu- when he goes to school. And that is chance on several more occasions to cated people that America had ever true of all our children. We certainly thank the members of the task force seen, and it fueled our economy with do not want it to be drudgery, but it and the Democratic Members of this tremendous growth. And he talked does need to be a good environment. A Congress who have really given the about the AmeriCorps as one of those good place to learn, a good environ- support and the leadership. things. ment. And if it is a good environment As the gentleman has indicated, we In North Carolina, I hate to keep to learn it will be a good place for our have just started this process. It will using that, but I think it is important professionals to teach. be long. There will be some times when when the gentleman mentioned this One of the things we have not talked we will be discouraged, but we should issue of working in return, giving about that I think is so important in never, ever give up because it is too im- something back, in 1985 we passed leg- all of this is how we get those volun- portant and the investment will pay islation to provide for 400 scholarships teers. The very thing the President and far greater dividends than anything we per year for high school students who all the former Presidents have come can invest on Wall Street. would commit to going to college and together with General Powell to talk Mr. PALLONE. Exactly. I see that coming out and teaching in an area about all across this country is this my colleague here, my neighbor from that we had great need in in the public whole issue of voluntarism. We need New Jersey is now in the Speaker’s schools, be it science, mathematics, them in the public schools and in our chair, so I will gladly yield back the whatever the area may be. public sector so that we can encourage balance of my time, Mr. Speaker. They were chosen based on their aca- parents once again not only to read to Mr. KENNEDY of Massachusetts. Mr. demic standing, and then we broke it their children before they get to school Speaker, I rise today to join my colleagues in up obviously by congressional districts but be a part of that process once they expressing grave concerns about the state of so we could have balance in the State. get there. Federal support for education. And in all fairness to the taxpayers, we I as a parent found that as one of the Just today, in the early hours of the morning wanted to make sure we had balance in real challenges I face, having time, as the House of Representatives failed to pass the ethnic background, so we tried to busy as we are, and all of us in public the budget resolution that I offered that would make that fit. life encouraging others, but we need to have provided an additional $25 billion for But the point was each one of those take our own advice and spend the education in the United States. My plan, which students received a $5,000 unrestricted time with our children’s teachers and would balance the budget by 2002, also pro- scholarship. They had to teach for 4 with our children. vided $5 billion for school construction, $11 H3168 CONGRESSIONAL RECORD — HOUSE May 21, 1997 billion to expand the Pell Grant Program, and of the House that I have been served with a Mr. STOKES. another $9 billion for other educational pro- subpoena issued by the District Court of Cass Mr. FILNER. grams such as title I and IDEA. County, North Dakota. Mr. LAFALCE. After consultation with the General Coun- Mr. ANDREWS. Instead, the House passed a budget resolu- sel, I will make the determinations required tion, over my objections, that provides tax cuts by Rule L. Mr. POMEROY. for the people who need them the least. In- Sincerely, Mr. ACKERMAN. stead of letting the rich of this country get JOAN CARLSON, Mr. HINCHEY. huge tax breaks, we should be helping local Eastern Field Director. Mr. PAYNE. communities repair schools, build new ones, f Mr. MENENDEZ. bring up the standards of our children's edu- Mr. SANDERS. cation, and help train the future workers of this LEAVE OF ABSENCE (The following Members (at the re- Nation. By unanimous consent, leave of ab- quest of Mr. HULSHOF) and to include I am concerned that the plan passed in the sence was granted to: extraneous matter:) budget resolution will cause great problems in Mr. SNOWBARGER (at the request of Mr. HOUGHTON. the future, not next year or in the year 2002, Mr. ARMEY), for today after 1 p.m. and Mr. SOLOMON. but further out. The revenue losses expand the balance of the week, on account of Mr. TALENT. greatly when these tax cuts are scored in the a death in the family. Mr. GEKAS. outlying years. With these losses in revenues, f Mr. THUNE. I believe that the programs which benefit the Mr. CAMP. poor, the elderly, and the young will suffer far SPECIAL ORDERS GRANTED Mr. SMITH of New Jersey. more than the programs that provide subsidies By unanimous consent, permission to Mrs. FOWLER. to the liquor industry, the mining industry, or address the House, following the legis- Mr. FRELINGHUYSEN. the timber industry. lative program and any special orders Mr. OXLEY. Mr. Speaker, the Federal Government has a heretofore entered, was granted to: (The following Members (at the request of very good track record when it comes to edu- (The following Members (at the re- Mr. PALLONE to revise and extend their re- marks and include extraneous material:) cation. The GI bill provided tens of thousands quest of Mr. CAPPS) to revise and ex- of veterans with the opportunity to attend col- tend their remarks and include extra- Mr. DUNCAN in two instances. lege which is, I believe, in part responsible for neous material:) Mr. BARCIA. the great economic boom of the 1950's. The Mr. FALEOMAVAEGA, for 5 minutes, Mr. EHRLICH. Federal Government has also helped ensure today. Mr. MENENDEZ. the educational opportunities of the disabled Ms. FURSE, for 5 minutes, today. Mr. SANDERS. and provided worker retraining for displaced Mrs. TAUSCHER, for 5 minutes, today. Mr. PAYNE. workers. All with great success. Mr. LAFALCE, for 5 minutes, today. Mr. SOLOMON. Unfortunately, my colleagues on the other Mrs. MINK of Hawaii, for 5 minutes, Ms. ESHOO. side of the aisle don't see it that way. Many today. Mr. GILMAN. of them believe the Federal Government Mr. FILNER, for 5 minutes, today. Mr. SMITH of New Jersey. should have no role in educating our citizens. Mr. MATSUI, for 5 minutes, today. Mr. FARR of California. I believe they are wrong. Mr. UNDERWOOD, for 5 minutes, today. Mrs. LOWEY. The Democratic Party and the President Mr. DAVIS of Illinois, for 5 minutes, Mr. SERRANO. have made it clear that we know the top prior- today. f ity of our peopleÐensuring that our children (The following Member (at his re- have access to the best quality education in SENATE BILL AND CONCURRENT quest) to revise and extend his remarks RESOLUTIONS REFERRED the world. and include extraneous material:) I want to thank my colleague from North Mr. FOX of Pennsylvania, for 5 min- A bill and concurrent resolutions of Carolina, Congressman BOB ETHERIDGE, for utes, today. the Senate of the following titles were his work on the Task Force and my colleague (The following Members (at the re- taken from the Speaker’s table and, from New Jersey, Congressman FRANK quest of Mr. HULSHOF) to revise and ex- under the rule, referred as follows: PALLONE, for organizing this special order. tend their remarks and include extra- S. 342. An act to extend certain privileges, GENERAL LEAVE neous material:) exemptions, and immunities to Hong Kong Mr. PALLONE. Mr. Speaker, I ask Mr. CAMP, for 5 minutes, today. Economic and Trade Offices; to the Commit- tee on International Relations. unanimous consent that all Members Mr. GUTKNECHT, for 5 minutes, on may have 5 legislative days within S. Con. Res. 6. Concurrent resolution ex- May 22. pressing concern for the continued deteriora- which to revise and extend their re- Ms. GRANGER, for 5 minutes, today. tion of human rights in Afghanistan and em- marks on subject of this special order. Mr. FOLEY, for 5 minutes, today. phasizing the need for a peaceful political The SPEAKER pro tempore. Is there Mr. JONES, for 5 minutes, on May 22. settlement in that country; to the Commit- objection to the request of the gen- Mr. FOX of Pennsylvania, for 5 min- tee on International Relations. tleman from New Jersey? utes, on May 22. S. Con. Res. 21. Concurrent resolution con- There was no objection. Mr. NEUMANN, for 5 minutes, today. gratulating the residents of Jerusalem and the people of Israel on the thirtieth anniver- f f sary of the reunification of that historic city, and for other purposes; to the Commit- COMMUNICATION FROM JOAN EXTENSION OF REMARKS CARLSON, EASTERN FIELD DI- tee on International Relations. RECTOR FOR THE HONORABLE By unanimous consent, permission to f revise and extend remarks was granted EARL POMEROY, MEMBER OF ADJOURNMENT CONGRESS to: (The following Members (at the re- Mr. PALLONE. Mr. Speaker, I move The SPEAKER pro tempore laid be- quest of Mr. CAPPS) and to include ex- that the House do now adjourn. fore the House the following commu- traneous matter:) The motion was agreed to; accord- nication from Joan Carlson, Eastern Mr. STARK. ingly (at 7 o’clock and 55 minutes Field Director for the Honorable EARL Ms. NORTON. p.m.), the House adjourned until to- POMEROY Member of Congress: Mr. HAMILTON. morrow, Thursday, May 22, 1997, at 10 EARL POMEROY, Mr. BLUMENAUER. a.m. CONGRESS OF THE UNITED STATES, Mr. DOYLE. f North Dakota, May 20, 1997. Mr. TORRES. Hon. NEWT GINGRICH, Mr. FRANK of Massachusetts. REPORTS OF COMMITTEES ON Speaker of the House, House of Representatives, PUBLIC BILLS AND RESOLUTIONS Washington, DC. Mr. POSHARD. DEAR MR. SPEAKER: This is to formally no- Ms. BROWN of Florida. Under clause 2 of rule XIII, reports of tify you pursuant to Rule L (50) of the Rules Mr. CONDIT. committees were delivered to the Clerk May 21, 1997 CONGRESSIONAL RECORD — HOUSE H3169 for printing and reference to the proper By Mrs. JOHNSON of Connecticut: low population densities and comprise large calendar, as follows: H.R. 1693. A bill to amend the Small Busi- geographic areas; to the Committee on ness Act to assist the development of small Mr. YOUNG of Alaska: Committee on Re- Transportation and Infrastructure. business concerns owned and controlled by sources. H.R. 1420. A bill to amend the Na- By Mr. LAFALCE: women, and for other purposes; to the Com- tional Wildlife Refuge System Administra- H. Con. Res. 85. Concurrent resolution ex- tion Act of 1966 to improve the management mittee on Small Business. pressing the sense of Congress that the H.R. 1694. A bill to amend the Internal Rev- of the National Wildlife Refuge System, and Small Business Administration should ap- enue Code of 1986 to allow individuals a cred- for other purposes (Rept. 105–106). Referred point a commission to examine the credit it against income tax for certain amounts to the Committee of the Whole House on the needs of small business concerns; to the contributed to an education investment ac- State of the Union. Committee on Small Business. count; to the Committee on Ways and Mr. GOSS: Committee on Rules. House f Resolution 155. Resolution waiving a require- Means. ment of clause 4(b) of rule XI with respect to By Mr. POMEROY: ADDITIONAL SPONSORS consideration of certain resolutions reported H.R. 1695. A bill to establish a Commission from the Committee on Rules (Rept. 105–107). on Retirement Savings; to the Committee on Under clause 4 of rule XXII, sponsors Referred to the House Calendar. Education and the Workforce. were added to public bills and resolu- By Mr. RADANOVICH (for himself and f tions as follows: Mr. YOUNG of Alaska): H.R. 96: Mr. CUNNINGHAM and Mr. CALVERT. PUBLIC BILLS AND RESOLUTIONS H.R. 1696. A bill to honor agreements reached in the acquisition of Santa Rosa Is- H.R. 108: Mr. WAXMAN. Under clause 5 of rule X and clause 4 land, CA, by the National Park Service; to H.R. 135: Mr. BERMAN. of rule XXII, public bills and resolu- the Committee on Resources. H.R. 164: Mr. MCINTYRE, Mr. BROWN of tions were introduced and severally re- By Ms. RIVERS: Ohio, Mr. LAMPSON, Mr. RAHALL, Mr. FOGLI- ferred as follows: H.R. 1697. A bill to assess the impact of the ETTA, Mr. BARRETT of Wisconsin, Mrs. LOWEY, Mr. HILLIARD, Mrs. MEEK of Florida, By Mr. STUMP (for himself, Mr. North American Free-Trade Agreement on domestic job loss and the environment, and Mr. LATOURETTE, Ms. RIVERS, Mr. GREEN, EVANS, Mr. STEARNS, and Mr. for other purposes; to the Committee on Mr. GANSKE, Mr. OLVER, Mr. FRANK of Massa- GUTIERREZ): chusetts, Mr. DAVIS of Illinois, Mr. HOLDEN, H.R. 1687. A bill to amend title 38, United Ways and Means. Mr. PASCRELL, Mrs. MCCARTHY of New York, States Code, to provide that special pay paid By Mr. STARK: Mr. FILNER, Ms. WOOLSEY, Ms. BROWN of to certain physicians and dentists of the Vet- H.R. 1698. A bill to amend the Internal Rev- Florida, Ms. KILPATRICK, Mrs. CLAYTON, Ms. erans Health Administration who retire be- enue Code of 1986 to assist families in the MILLENDER-MCDONALD, Ms. WATERS, Mr. fore October 1, 1999, shall be considered to be purchase of coverage for children under MANTON, Mr. BALDACCI, Ms. ROS-LEHTINEN, basic pay for retirement purposes; to the school-based health insurance programs, and Ms. STABENOW, Mr. BAESLER, Ms. FURSE, Mr. Committee on Veterans’ Affairs. for other purposes; to the Committee on CAPPS, Ms. EDDIE BERNICE JOHNSON of Texas, By Mr. THUNE (for himself, Mr. MINGE, Ways and Means, and in addition to the Com- Ms. HOOLEY of Oregon, and Mr. PAYNE. and Mr. LATHAM): mittees on Education and the Workforce, H.R. 165: Mr. MCDERMOTT. H.R. 1688. A bill to authorize the construc- and Commerce, for a period to be subse- tion of the Lewis and Clark Rural Water Sys- quently determined by the Speaker, in each H.R. 192: Mr. GOODLING, Mr. PAPPAS, Mr. tem and to authorize assistance to the Lewis case for consideration of such provisions as KINGSTON, and Ms. MCKINNEY. and Clark Rural Water System, Inc., a non- fall within the jurisdiction of the committee H.R. 195: Mr. THOMPSON. profit corporation, for the planning and con- concerned. H.R. 203: Mr. CALVERT. struction of the water supply system, and for By Mr. STUPAK (for himself, Mr. H.R. 293: Mr. KENNEDY of Rhode Island. other purposes; to the Committee on Re- LOFGREN, Mr. SCOTT, Mr. STENHOLM, H.R. 294: Mr. KENNEDY of Rhode Island. sources. Mr. GEPHARDT, Mr. FAZIO of Califor- H.R. 295: Mr. KENNEDY of Rhode Island. H.R. 387: Mr. PAUL, Mr. LIPINSKI, Mr. By Mr. WHITE (for himself, Ms. ESHOO, nia, Mr. BONIOR, Mrs. KENNELLY of ROHRABACHER, and Mr. SENSENBRENNER. Mr. BARTON of Texas, Mr. BROWN of Connecticut, Ms. DELAURO, Ms. CAR- H.R. 399: Mr. CALVERT and Mr. WICKER. Ohio, Mr. BILBRAY, Mr. DOOLEY of SON, Mr. BOSWELL, Ms. HOOLEY of Or- H.R. 404: Mr. CANADY of Florida and Ms. California, Mr. CAMPBELL, Mr. FAZIO egon, Mr. JEFFERSON, Mr. MEEHAN, FURSE. of California, Mr. COBURN, Mr. FARR Mr. TURNER, Mr. PASCRELL, Mr. H.R. 414: Mr. GOODLING, Mr. PAPPAS, and of California, Mr. COX of California, SANDLIN, Ms. KILPATRICK, Ms. CHRIS- Ms. MCKINNEY. Mr. FRANK of Massachusetts, Ms. TIAN-GREEN, Mr. WATT of North Caro- H.R. 426: Mr. BOUCHER, Mr. EVERETT, Mr. DUNN of Washington, Ms. HARMAN, lina, Mr. SHERMAN, Mr. KENNEDY of MCINNIS, Mr. WICKER, Mr. LAFALCE, and Mr. Mr. KLUG, Mr. KENNEDY of Massachu- Rhode Island, Mr. MANTON, Mr. ETHERIDGE. setts, Mr. NETHERCUTT, Ms. LOFGREN, WYNN, Mr. VENTO, Ms. JACKSON-LEE, H.R. 431: Mr. CONDIT and Ms. LOFGREN. Mr. PAXON, Mr. ROEMER, Ms. PRYCE Mr. DELAHUNT, Mr. FARR of Califor- H.R. 446: Mrs. NORTHUP. of Ohio, Mrs. TAUSCHER, Mr. TAUZIN, nia, Mr. ALLEN, Mr. LAFALCE, Mr. H.R. 457: Mr. SNOWBARGER. Mr. TOWNS, and Mr. DEUTSCH): MARKEY, Mr. CRAMER, Ms. H.R. 1689. A bill to amend the Securities MILLENDER-MCDONALD, Mr. BROWN of H.R. 598: Mr. MCINTYRE. Act of 1933 and the Securities Exchange Act California, Mr. MCINTYRE, Mr. JOHN- H.R. 630: Mr. DELLUMS. of 1934 to limit the conduct of securities SON of Wisconsin, Mr. TORRES, Mr. H.R. 659: Mr. LIPINSKI, Mr. CHRISTENSEN, class actions under State law, and for other KENNEDY of Massachusetts, Mr. and Mr. MCCOLLUM. purposes; to the Committee on Commerce. ROTHMAN, Mr. HOLDEN, Mr. HINOJOSA, H.R. 665: Mrs. KELLY, Mr. BLILEY, and Mr. By Mr. ANDREWS: and Ms. WOOLSEY): LOBIONDO. H.R. 1690. A bill to amend title 28 of the H.R. 1699. A bill to amend the Omnibus H.R. 695: Mr. HOUGHTON, Mr. MCHUGH, and United States Code regarding enforcement of Crime Control and Safe Streets Act of 1968 to Ms. FURSE. child custody orders; to the Committee on establish a grant program to prevent and H.R. 716: Mr. HASTERT and Mr. UPTON. the Judiciary. control juvenile crime; to modify Federal H.R. 723: Mr. ETHERIDGE. Br Mrs. CHENOWETH (for herself and court procedures applicable to violent juve- H.R. 754: Mr. SKAGGS. Mr. CRAPO): nile offenders, and for other purposes; to the H.R. 820: Mr. BALDACCI. H.R. 1691. A bill to provide for the sta- Committee on the Judiciary, and in addition H.R. 880: Mr. HALL of Ohio, Mr. MANZULLO, bilization, enhancement, restoration, and to the Committees on Education and the and Mr. DICKEY. management of the Coeur d’Alene River Workforce, Commerce, and Government Re- H.R. 900: Mr. PASCRELL, Mr. LAFALCE, Mr. basin watershed; to the Committee on Trans- form and Oversight, for a period to be subse- WEXLER, Mr. FOGLIETTA, and Mr. FRANK of portation and Infrastructure, and in addition quently determined by the Speaker, in each Massachusetts. to the Committee on Commerce, for a period case for consideration of such provisions as H.R. 955: Mr. WALSH. to be subsequently determined by the Speak- fall within the jurisdiction of the committee H.R. 964: Mr. GOODLATTE and Mr. BILBRAY. er, in each case for consideration of such pro- concerned. H.R. 990: Ms. MOLINARI. visions as fall within the jurisdiction of the By Mr. THUNE (for himself, Mr. H.R. 991: Mr. POSHARD and Mr. VENTO. committee concerned. YOUNG, of Alaska, Mr. HILL, and Mrs. H.R. 1006: Ms. RIVERS. By Mr. ENSIGN (for himself, Mr. CUBIN): H.R. 1060: Mrs. JOHNSON of Connecticut, CARDIN, and Mr. SAM JOHNSON): H.R. 1700. A bill to authorize funds to fur- Mr. ROHRABACHER, Mr. PASCRELL, Mr. BARCIA H.R. 1692. A bill to require the Secretary of ther the strong Federal interest in the im- of Michigan, Mr. TRAFICANT, Mr. CRAMER, Health and Human Services to waive the 3- provement of highways and transportation, Ms. ESHOO, Mr. HALL of Texas, Mr. MCKEON, day prior hospitalization requirement for and for other purposes; to the Committee on Mr. DAN SCHAEFER of Colorado, Mr. SUNUNU, coverage of skilled nursing facility services Transportation and Infrastructure. Mr. HUTCHINSON, and Mr. BILBRAY. in the case of individuals classified within H.R. 1701. A bill to amend title 23, United H.R. 1061: Mr. SNYDER and Mr. BENTSEN. certain diagnosis-related groups; to the Com- States Code, to provide a minimum alloca- H.R. 1063: Mr. BARRETT of Wisconsin, Mr. mittee on Ways and Means. tion of highway funds for States that have CLYBURN, Ms. CHRISTIAN-GREEN, Mr. H3170 CONGRESSIONAL RECORD — HOUSE May 21, 1997

GOODLATTE, Mr. CANADY of Florida, Mrs. H.R. 1320: Mr. EVANS. H.J. Res. 71: Mr. YOUNG of Alaska. THURMAN, Mr. PICKETT, Mr. SENSENBRENNER, H.R. 1322: Mr. YOUNG of Alaska. H.J. Res. 75: Mr. FOLEY, Mr. RAHALL, Mr. Mr. WICKER, Mr. DIAZ-BALART, Mr. DEUTSCH, H.R. 1334: Mr. PAYNE and Mrs. MEEK of DELLUMS, Mr. MCINTYRE, Mr. GEPHARDT, Mr. Mrs. CLAYTON, Mr. GOODE, and Ms. PRYCE of Florida. CLYBURN, Mr. GUTIERREZ, Ms. CARSON, and Ohio. H.R. 1345: Mr. ENGEL. Mr. POSHARD. H.R. 1126: Mr. BEREUTER, Mr. YOUNG of H.R. 1356: Mr. MCKEON, Mr. BARTLETT of H. Con. Res. 52: Mr. MATSUI, Mr. JOHNSON Alaska, and Mr. BORSKI. Maryland, and Mr. SMITH of New Jersey. of Wisconsin, Mr. MCGOVERN, and Mr. H.R. 1129: Ms. WOOLSEY, Mr. SPENCE, and H.R. 1357: Mr. FILNER. NUSSLE. Mr. PAPPAS. H.R. 1375: Mr. DUNCAN and Ms. KILPATRICK. H.R. 1132: Ms. FURSE, Ms. PELOSI, Mr. H.R. 1401: Ms. RIVERS. H. Con. Res. 65: Mr. LATOURETTE, Mr. SERRANO, and Ms. WOOLSEY. H.R. 1415: Mr. ROTHMAN, Mr. ACKERMAN, HASTINGS of Florida, Mr. BROWN of Ohio, Ms. H.R. 1138: Mr. THORNBERRY and Mr. Mr. FARR of California, Mr. BAESLER, Mr. FURSE, Mr. DAN SCHAEFER of Colorado, Mr. WELDON of Florida. MOLLOHAN, Mr. OLVER, Mr. POSHARD, Mr. SPRATT, Mr. BARCIA of Michigan, Mr. FROST, H.R. 1160: Ms. WATERS, Mr. VENTO, and Mr. PASCRELL, Mr. INGLIS of South Carolina, Mr. and Mr. MCHUGH. METCALF. LARGENT, Mr. BRYANT, Mrs. LINDA SMITH of H. Con. Res. 71: Ms. NORTON, Ms. PELOSI, H.R. 1163: Mr. SKAGGS. Washington, Mr. HYDE, Mrs. CHENOWETH, Mr. Mr. FRANK of Massachusetts, Mr. STARK, Mr. H.R. 1170: Mr. GIBBONS. HASTINGS of Washington, Ms. CHRISTIAN- FROST, Mr. CLEMENT, Ms. LOFGREN, Mr. GON- H.R. 1188: Mr. BONIOR. GREEN, and Mr. GOODE. ZALEZ, and Mr. RANGEL. H.R. 1231: Mr. SNYDER and Ms. HOOLEY of H.R. 1438: Mr. SCHUMER. Oregon. H. Res. 45: Ms. LOFGREN, Mr. H.R. 1442: Mr. METCALF. H.R. 1247: Mr. FOX of Pennsylvania and Mr. FALEOMAVAEGA, Mr. HOBSON, Mrs. MALONEY H.R. 1475: Mr. KLUG and Mr. UPTON. of New York, Mr. KLUG, Mr. POMBO, and Mr. FRELINGHUYSEN. H.R. 1258: Mr. GOODLATTE. RUSH. H.R. 1524: Mr. OLVER. H.R. 1260: Mr. MCINTOSH. H. Res. 138: Ms. RIVERS, Mr. CLEMENT, and H.R. 1532: Mr. KIM. H.R. 1263: Ms. SLAUGHTER. Mr. BALDACCI. H.R. 1270: Mr. BEREUTER, Mr. NETHERCUTT, H.R. 1559: Mr. PICKERING, Mr. ARCHER, Mr. Mr. GREEN, Mr. HEFNER, Mr. CRAMER, Ms. TAUZIN, Mr. NEY, Mr. HANSEN, and Mr. f CHRISTIAN-GREEN, Ms. PRYCE of Ohio, Mr. RIGGS. KANJORSKI, and Mr. HOEKSTRA. H.R. 1570: Ms. LOFGREN, Mr. SABO, Ms. H.R. 1283: Mr. WEXLER, Mr. PORTMAN, Mr. DELAURO, Mr. DELLUMS, Mr. STARK, Mr. DELETIONS OF SPONSORS FROM YATES, Ms. CHRISTIAN-GREEN, Mr. CONYERS, UPTON, Mr. MCINNIS, and Mr. MANZULLO. PUBLIC BILLS AND RESOLUTIONS H.R. 1285: Mr. SOUDER. and Mr. FLAKE. H.R. 1296: Mr. GRAHAM. H.R. 1592: Mr. MCCRERY. Under clause 4 of rule XXII, sponsors H.R. 1298: Mr. YATES, Mr. DOYLE, Mr. H.R. 1593: Mr. WATKINS. were deleted from public bills and reso- H.R. 1612: Mr. ROHRABACHER and Mr. FOLEY, and Mr. REYES. lutions as follows: H.R. 1315: Mr. GREEN, Mr. GUTIERREZ, Mr. GALLEGLY. MASCARA, and Mr. PAYNE. H.R. 1684: Mrs. EMERSON. H. Con. Res. 65: Mr. BOB SCHAFFER. 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, WEDNESDAY, MAY 21, 1997 No. 68 Senate The Senate met at 9:30 a.m., and was resolution. Senator KENNEDY will be So it is essential that we stay with it called to order by the President pro recognized immediately to offer his and that we complete the budget reso- tempore (Mr. THURMOND). amendment on tobacco taxes. Fol- lution today, if at all possible. lowing the disposition of the Kennedy There is good news and bad news. The PRAYER amendment, Senator GRAMM will be good news is that we made good The Chaplain, Dr. Lloyd John recognized to offer his amendment re- progress yesterday. I think almost 10 Ogilvie, offered the following prayer: garding deficit-neutral natural disaster hours have been used or yielded back Gracious Lord, we begin the work of relief. already. We did take up some amend- this day with awe and wonder. You Members can expect rollcall votes in ments and had votes. While it was dif- have chosen and called us to know, relation to these amendments and oth- ficult and delicate, the amendments love, and serve You. Through the years ers, and all Members will be notified were defeated by considerable margins. You have honed the intellect, talent, when these votes are specifically We need to continue to do that. and ability You have entrusted to each scheduled. There are going to be a lot of good I am still hopeful that the Demo- of us. With providential care You have and appealing amendments offered cratic leader and I can join together in opened doors of opportunity, edu- today. It will be difficult to resist an effort to yield back additional time cation, culture, and experience. Most those. But this is a very delicately off the statutory time limitation, crafted budget agreement that the Re- important of all, You have shown us which is 50 hours, for the budget reso- that daily You are ready and willing to publican leadership signed onto and lution and permit the Senate to com- that the Democratic leadership has equip us with supernatural power plete its work on the budget resolution through the anointing of our minds agreed to. The chairman and ranking today. member have been working together with the gifts of Your spirit: Wisdom, Subsequently, Senators wishing to more so than I have ever seen before. I knowledge, discernment, and vision of offer amendments to this legislation commend them for that effort. Your priorities. should notify the chairman of the So I hope that we will continue to When we ask You, You reveal Your Budget Committee or the ranking hold the line. If we start down the trail truth and give us insight on how to member of the Budget Committee of of changing the , where will it end? apply it to specific decisions before us. their intentions this morning. We say with the psalmist, ‘‘In the day Again, Senators can expect rollcall I know of several amendments that I when I cried out, You answered me, votes throughout the day. We have a am very attracted to. The one by Sen- and made me bold with strength in my good deal of other work that we need ator GRAMM obviously is very attrac- soul.’’—Psalm 138:3. to complete before the Memorial Day tive. He basically says we should have Now, as the Senators press on to the recess. For instance, tomorrow we al- some revenue-neutral process to have votes and responsibilities of this day, ready have a time agreement for 3 funds set aside for the annual disaster continue to give them the boldness of hours on the Chemical Weapons Con- relief bill. We have to come every year Your strength in their souls, mani- vention implementation legislation. for $5 billion, $6 billion, or $7 billion. fested in conviction and courage. In We would, of course, like to complete He says we should go ahead and set Your holy name. Amen. this resolution and have it go to con- that aside so we have that planned for. f ference where, hopefully, there will be That is attractive. But that was not in- very little problem in working out the cluded in the budget agreement, so we RECOGNITION OF THE MAJORITY conference. Hopefully, there will be no probably should not do that here. LEADER real differences between the two bills. There will be an amendment offered The PRESIDENT pro tempore. The That is going to take a lot of discipline by Senator WARNER with regard to able majority leader, Senator LOTT of on our part throughout the day until highway funds. I would like to see Mississippi, is recognized. we complete this legislation. more money go into the highways and Mr. LOTT. Thank you, Mr. President. We also have at least three nomina- bridges in America out of the highway f tions that will require some small trust fund, which is there for that pur- amount of time—judicial nominations, pose. SCHEDULE district courts—and three recorded Of course, there is the amendment of- Mr. LOTT. Mr. President, for the in- votes. fered by Senator KENNEDY here with re- formation of all Senators, today the The supplemental appropriations gard to child health care. Senate will immediately resume con- bill, or some version thereof, very like- I want to emphasize that we dis- sideration of Senate Concurrent Reso- ly would need to be voted on this week cussed this at great length during the lution 27, the first concurrent budget also. budget negotiations and in reaching

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

S4781

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VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4782 CONGRESSIONAL RECORD — SENATE May 21, 1997 the budget agreement. There are funds On page 3, line 4, increase the amount by On page 41, line 8, increase the amount by in here for that area. There are more 6,000,000,000. 30,000,000,000. than enough funds in that area. In fact, On page 3, line 5, increase the amount by Mr. HATCH. Mr. President, I ask I think there will be a struggle to find 6,000,000,000. unanimous consent that the time on On page 3, line 6, increase the amount by this amendment be allocated to me as the best way to provide those funds to 6,000,000,000. the people that want to have child On page 3, line 7, increase the amount by the prime sponsor of the amendment. health care. 6,000,000,000. The PRESIDING OFFICER. That is So it will be a very, very bad change On page 3, line 11, increase the amount by the order. in the makeup of this legislation and 6,000,000,000. Mr. FORD. Mr. President, will the could unravel the whole budget agree- On page 3, line 12, increase the amount by Senator yield for a question? ment, if the Kennedy amendment is ap- 6,000,000,000. Mr. HATCH. On the Senator’s time. On page 3, line 13, increase the amount by proved today. Mr. FORD. I don’t have any time. 6,000,000,000. Mr. HATCH. I will be glad to yield to So I hope that we start off the day by On page 3, line 14, increase the amount by the Senator. having a fine discussion about what is 6,000,000,000. Mr. FORD. I want to know if this in the bill, and what the alternative of- On page 3, line 15, increase the amount by amendment is similar to 525 and 526 6,000,000,000. fered is. But we need also to recognize that you had as health care for chil- that is a substantial increase in what On page 4, line 4, increase the amount by 3,000,000,000. dren and a tax bill that is now com- is provided in this particular area. It is bined? They are basically the same? totally different from what was in the On page 4, line 5, increase the amount by 3,000,000,000. Mr. HATCH. It is basically geared to budget agreement that the administra- On page 4, line 6, increase the amount by get us to that point. Yes. tion agreed to. 4,000,000,000. Mr. HATCH addressed the Chair. So I urge my colleagues to keep On page 4, line 7, increase the amount by The PRESIDING OFFICER. The Sen- calm. Let’s keep working. But let’s not 5,000,000,000. ator from Utah. start passing amendments that will On page 4, line 8, increase the amount by Mr. DOMENICI. Mr. President, will change the mix of the make up of this 5,000,000,000. the Senator yield for one observation On page 4, line 12, increase the amount by budget agreement. on my time? I yield the floor at this time, Mr. 3,000,000,000. On page 4, line 13, increase the amount by Mr. HATCH. I will. President. 3,000,000,000. Mr. DOMENICI. Mr. President, I f On page 4, line 14, increase the amount by want to make sure that the Senator, the prime sponsor, understands that in CONCURRENT RESOLUTION ON 4,000,000,000. On page 4, line 15, increase the amount by the unanimous-consent request fol- THE BUDGET 5,000,000,000. lowing disposition of the Kennedy The PRESIDING OFFICER (Mr. On page 4, line 16, increase the amount by amendment, which I assume—— ENZI). The clerk will report the budget 5,000,000,000. Mr. HATCH. This is not the Kennedy resolution. On page 4, line 19, increase the amount by amendment. This is the Hatch-Kennedy The assistant legislative clerk read 3,000,000,000. On page 4, line 20, increase the amount by amendment. as follows: 3,000,000,000. Mr. DOMENICI. That language does A concurrent resolution (S. Con. Res. 27) On page 4, line 21, increase the amount by not preclude a second-degree amend- setting forth the congressional budget for 2,000,000,000. ment. the United States Government for fiscal On page 4, line 22, increase the amount by Mr. HATCH. That is correct. years 1998, 1999, 2000, 2001, and 2002. 1,000,000,000. Mr. DOMENICI. The Senator under- The Senate resumed consideration of On page 4, line 23, increase the amount by stands that. the concurrent resolution. 1,000,000,000. Mr. HATCH. I understand that. Mr. HATCH addressed the Chair. On page 5, line 1, increase the amount by Mr. HATCH addressed the Chair. The PRESIDING OFFICER. The 3,000,000,000. The PRESIDING OFFICER. The Sen- Chair recognizes the Senator from On page 5, line 2, increase the amount by ator from Utah. 6,000,000,000. Utah. Mr. HATCH. Mr. President, I sent On page 5, line 3, increase the amount by this amendment to the desk on behalf AMENDMENT NO. 297 8,000,000,000. (Purpose: To provide affordable health cov- On page 5, line 4, increase the amount by of myself and Senator KENNEDY. This is erage for low- and moderate-income chil- 9,000,000,000. well known as the Hatch-Kennedy dren and for additional deficit reduction, On page 5, line 5, increase the amount by amendment. I think everyone in the financed by an increase in the tobacco tax; 10,000,000,000. Senate ought to know that. It is an in addition to the amounts included in the On page 23, line 8, increase the amount by amendment that we have worked out bipartisan budget agreement for one or 3,000,000,000. over a 6-month period, or longer, and both of the following: (1) Medicaid, includ- On page 23, line 9, increase the amount by one that I think deserves consideration 3,000,000,000. ing outreach activities to identify and en- in every sense of that term. roll eligible children and providing 12- On page 23, line 15, increase the amount by The amendment that Senator KEN- month continuous eligibility; and also to 3,000,000,000. restore Medicaid for current disabled chil- On page 23, line 16, increase the amount by NEDY and I offer today addresses what dren losing SSI because of the new, more 3,000,000,000. I consider to be a top priority of this strict definition of childhood eligibility; On page 23, line 22, increase the amount by Congress: making sure America’s kids and (2) a program of capped mandatory 4,000,000,000. are healthy. grants to States to finance health insur- On page 23, line 23, increase the amount by The Hatch-Kennedy amendment calls ance coverage for uninsured children) 4,000,000,000. for an increase in the tobacco excise Mr. HATCH. I send an amendment to On page 24, line 5, increase the amount by tax to fund additional spending for 5,000,000,000. the desk. children’s health insurance. The PRESIDING OFFICER. The On page 24, line 6, increase the amount by 5,000,000,000. We have made enactment of a bipar- clerk will report. On page 24, line 12, increase the amount by tisan children’s health insurance bill a The clerk read as follows: 5,000,000,000. top priority this Congress, and plan to The Senator from Utah [Mr. HATCH], for On page 24, line 13, increase the amount by press forward at every opportunity if himself, and Mr. KENNEDY, proposes an 5,000,000,000. the Senate does not act in a respon- amendment numbered 297. On page 39, line 22, increase the amount by sible manner. Mr. HATCH. Mr. President, I ask 500,000,000. This amendment is the right thing to unanimous consent that reading of the On page 39, line 23, increase the amount by do, and I urge its adoption. amendment be dispensed with. 2,000,000,000. Specifically, our amendment would On page 40, line 16, increase the amount by The PRESIDING OFFICER. Without 4,500,000,000. raise $30 billion in revenues through a objection, it is so ordered. On page 40, line 17, increase the amount by 43-cent tobacco excise tax increase. The amendment is as follows: 18,000,000,000. Twenty billion dollars will be used On page 3, line 3, increase the amount by On page 41, line 7, increase the amount by for services to uninsured kids, and $10 6,000,000,000. 6,000,000,000. billion for deficit reduction.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4783 We intend that the money be used for lion national debt—now consume 15% $20,000 to $30,000 working-class income the same purposes as those outlined in of annual Federal spending. This is as bracket. This is the family income the bipartisan budget agreement; that much as we spend for our national de- range of many of these families who is, for Medicaid and for a mandatory fense. stand to benefit from the Hatch-Ken- capped State grant program to finance Having managed the floor debate for nedy amendment. health insurance for uninsured chil- the balanced budget amendment that It is clear to this Senator that there dren. fell 1 vote short of the 67 necessary is a problem to be solved. These are un- Under our amendment, $18 billion in votes, I have a special place in my insured Americans. program funding will go to the Labor heart for the ‘‘LD’’ part of the CHILD Some are saying we do not need this Committee, and $2 billion to the Fi- bill: lowering the deficit. amendment. The budget negotiators nance Committee, to be added to the Once again, think of Joe Camel and did a good job, in my opinion, in in- $16 billion already in the budget resolu- Joey. cluding a significant amount of new tion. That means each committee will Frankly, as a conservative Repub- spending for children’s health—$16 bil- get $18 billion to work on complemen- lican I am proud to have convinced so lion in this budget resolution. That is a tary programs to help the poor and many Democrats to cosponsor legisla- good start, and I praised them for it. near poor. tion that provides $1 for deficit reduc- No question about it. But the fact is To pass this amendment—and this is tion for every $2 devoted to program there are about 10 million kids in the an uphill battle we face—we need to costs. If this model is adopted in other United States without health insur- have the will to do two things. areas, not only will we more quickly ance, and I believe that the budget res- First, we must recognize that we reach the goal of a balanced budget, olution probably will not cover even need to help children from America’s but we will also be better able to face half of them. working families, as well as the poorest the formidable challenges of entitle- I think it is important that my col- of the poor. ment reform and financing the na- leagues understand the Congressional About 88 percent of uninsured chil- tional debt. Budget Office is coming in with very dren come from families where at least Our amendment has two very basic conservative estimates on the number one parent is employed. and extremely important goals. of children who will be served under Don’t forget that. Eighty-eight per- The Hatch-Kennedy healthy kids various congressional proposals. For cent of these kids live in a family amendment benefits American fami- example, the CBO, Congressional Budg- where one parent works, at least. lies, working families so that they can et Office, has estimated that the Med- The majority of these kids will not get health care. The healthy kids icaid 12-month, continuous eligibility be addressed by any Medicaid bill. amendment helps reduce the deficit proposal would cost $14 billion alone if Second, in order to help these forgot- and reduce our debt service require- implemented by every State. That ten children, we need to have the cour- ments. alone is almost all of the money in this age to take on some very powerful spe- Our amendment will help millions of budget resolution. Or, if you look at it cial interests. kids get a healthy start in life. As it another way, the Federal share of Med- When we started this fight I knew stands now, we know that too many icaid costs for a child is about $860 on that Big Tobacco would not just roll American children do not get the bene- average this year. According to the over and play dead. And they have not fits of health insurance. Employee Benefit Research Institute, disappointed me. The General Accounting Office re- there are 4.7 million uninsured children If we demonstrate one thing by this cently made a number of important ob- whose parents make less than 125 per- vote today let it be this: we are sending servations about this problem. In cent of the Federal poverty level. That a message today that Senator KENNEDY House testimony, the GAO said: is $19,500 for a family of four. and I and the other supporters of this In summary, we have found that while How can they afford insurance? By bill will stand up for children and most children have health insurance, almost simple calculation, to cover those kids against Big Tobacco. 10 million children lack insurance. Between under Medicaid would cost $4.2 billion, Senators, who do you stand with? Joe 1989 and 1995, the percentage of children with about $1 billion more a year than is in- Camel, or Joey? That is what it comes private coverage declined significantly—part cluded in this budget resolution, and down to. of an overall decline in coverage of depend- that is just the Medicaid kids. There What the Senate must do today is de- ents through family health insurance poli- are 7 million here who are not. And cies. cide whether we are going to protect this would leave the vast majority of Joe Camel, or whether we are going to The GAO concluded: children of working parents under 125 protect Joey. Had this decrease not occurred, nearly 5 percent of poverty level uncovered. Let our votes today be the answer. million more children would have had pri- While I admit $16 billion is a substan- Now I am certain that those speaking vate health insurance. tial start and I commend my col- in opposition to our amendment will From these observations of GAO, I leagues on the Budget Committee, it is offer a lot of complicated reasons why think it is fair to say that there is a just not enough to do the whole job. our amendment is deficient. big problem in the area of children’s Many of us are also cosponsors of But as they talk, ask yourself who health insurance, and unless we do the Chafee-Rockefeller-Jeffords-Breaux should be protected: Joey or Joe something about it, it is bound to get CHIPS bill, which is estimated to cost Camel? bigger. at least $15 billion, perhaps even more. Sometimes the logic of something is Who are these 10 million children? This Medicaid bill is targeted to help 5 just so simple that no amount of obfus- These uninsured kids come from work- million kids, including the 3 million or cation, legal mumbo-jumbo, technical ing families. At least 88 percent of so Medicaid-eligible children who are economic jargon, and procedural objec- those kids come from families where at not enrolled because they do not know tions can fool the American public. least one parent is working. Many live enough to get enrolled. I expect that some will come to the in families whose income is just above We see these two bills as compatible. floor today and say that this budget the Medicaid limit, but they do not The CHIPS bill improves basic Med- resolution is the wrong time and place make enough money to provide health icaid, and our bill would be added on for this legislation. insurance for their kids. top of that to take care of these unin- One of their objections will be that Who are the Hatch-Kennedy kids? I sured kids who do not qualify. There the bill includes $10 billion in deficit will tell you who they are. They are, in obviously is a close connection between reduction. Some will argue that this is large part, the children of good, hard- the two. That is why in our amendment not needed in a balanced budget docu- working families who make too much we decided to divide the money equally ment. for Medicaid and not enough to buy between each of the two committees, Those who make that argument sim- their own health insurance. Labor and Finance, and to work out an ply do not take into account the fact This chart shows you that there is a integrated approach. that the interest payments on the ac- pronounced spike in the number of un- Let me also take a few minutes to ex- cumulated annual deficits—the $6 tril- insured Americans who live in that plain my views about using a tobacco

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4784 CONGRESSIONAL RECORD — SENATE May 21, 1997 tax as the revenue source for our When I balance the opportunity that rette taxes by 43 cents a pack, and giving amendment. There can be no doubt we have in terms of helping to provide much of the money raised to help states pro- that smoking and tobacco use are health insurance and services for chil- vide health insurance for uninsured children. major public health problems. By any dren, coupled with the significant def- Based on this description, do you favor or op- pose this plan? measure they are costly. icit reduction component against my [In percent] Smoking is our Nation’s No. 1 pre- natural aversion to raising taxes, I ventable health cause of death. There come down in favor of this financing Favor Oppose Not are about 48 million Americans who mechanism with the tobacco tax or, as sure smoke. About 2 million Americans use I call it, a user fee because only those All adults ...... 72 24 4 other tobacco products like chewing who smoke are going to pay this tax. Men ...... 67 30 3 Women ...... 76 20 4 tobacco. There are 3 million kids who And 50 percent of them, according to Northeast ...... 73 20 7 smoke. Midwest ...... 73 26 1 the recent polls, are for this tax real- South ...... 69 28 3 Consider these smoking facts. Smok- izing that smoking causes a lot of det- West ...... 74 23 3 ing causes cancer and is addictive. One Whites ...... 70 26 4 riment to society. Blacks ...... 80 16 4 out of five is caused by smok- If we are going to commit ourselves Age 18 to 34 ...... 73 25 2 ing; four out of five lung cancers are Age 35 to 49 ...... 74 23 3 to addressing the problem of adequate Age 50 to 64 ...... 66 30 4 caused by smoking; 3,000 kids are start- health care for children, then it is es- Age 65 and over ...... 72 21 7 ing to smoke every day; 50 percent of Under $20,000 income ...... 74 23 3 sential that we identify how this pro- $20,000 to $30,000 ...... 76 21 3 all smokers begin before age 15, 90 per- gram is going to be funded. $30,000 to 50,000 ...... 70 28 2 cent before the age 18; 419,000 American I knew I was going to take the heat Over $50,000 ...... 70 26 4 Urban ...... 76 21 3 smokers die annually. Just think about on this one, but I strongly believed Suburb/towns ...... 70 26 4 it. Of those 3,000 young Americans who Rural ...... 70 28 2 that it was the fiscally responsible Registered voters ...... 73 23 4 start smoking every day, at least half thing to do, and I still think this is the Non-Registered adults ...... 65 32 3 of them are going to become nicotine Democrats ...... 79 18 3 case. Republicans ...... 67 29 4 addicts. Accordingly, let me pose to my col- Independents ...... 69 27 4 Tobacco accounts for more deaths Clinton voters ...... 80 17 3 leagues this question. What do you be- Dole voters ...... 64 31 5 than homicide, car and airplane acci- lieve is a better offset? From what pro- Liberals ...... 79 19 2 dents, alcohol, heroin, crack and AIDS Moderates ...... 79 19 2 gram do you suggest we take the Conservatives ...... 64 31 5 combined. In fact, are a money? Now, I am willing to listen and Professionals/Managers ...... 76 21 3 major cause of fire fatalities in the White collar workers ...... 77 20 3 discuss this issue but, quite frankly, I Blue collar workers ...... 62 35 3 United States. In 1990, cigarettes were have not heard from anybody con- High School or less ...... 66 30 4 responsible for about one-quarter of all Some College ...... 75 22 3 cerning a viable alternative financing College graduates ...... 75 21 4 deaths associated with residential source. fires. This represented over 1,000 deaths Let us get to the real issue here. Mr. HATCH. Mr. President, 72 per- in our society. Smoking is dangerous for our public cent of all adults responded that they Every day nearly 3,000 young Ameri- health, and it is dangerous for our favor this proposal and only 24 percent cans become regular smokers. Eventu- economy. It hurts the kids we are try- were opposed; 67 percent of all men ap- ally, 1,000 will die early from tobacco- ing to help. That is the crux of our proved of this proposal and 76 percent related diseases. Unfortunately, ciga- amendment here today. of all women were in favor. The results rette smoking is on the rise among the Many of the critics of our proposal young. About 8 in 10 smokers begin to were remarkably consistent through- have seized on this amendment today out each geographic region in the use tobacco before age 18 and about to express concerns which were raised one-half of all smokers started at age United States, across age groups and, earlier about the Child Health Insur- indeed, income groups. 14 or earlier. ance and Lower Deficit Act. A lot of According to a 1994 CDC report, to- The point is simple. This is an idea those charges against the bill are in whose time has come. So to those who bacco costs our society $100 billion an- error, as I am prepared to debate here nually—$50 billion in direct medical believe there is a better way to go, I today. But the fundamental question costs. Of 24 billion cigarette packs sold earnestly solicit your views. Indeed, I today is not should we pass the Hatch- in 1993, $2.06 per pack in medical care will make an offer to every Member in Kennedy child bill. Rather, the more costs. Of this, 89 cents was paid by pub- this body. I want to work with each of pertinent question before the body is lic sources; $10 billion Medicare, $5 bil- you and with our leadership to address should we do more for children’s lion Medicaid, $4.75 billion other Fed- this issue in a responsible way. If health? eral, and $16.75 billion higher insurance changes need to be made, if we need to The answer, totally clear to this Sen- move toward a middle ground in order premiums. Just think about that. ator, is ‘‘most definitely.’’ I consider The price of cigarettes devoted to- to get a proposal enacted, I will be an children’s health to be a top priority ward taxes has slipped over the last advocate for these changes. It is for issue for this Congress. I think the three decades and, even with the in- this reason that Senator KENNEDY and crease we propose today, will actually American people expect that of us. I initiated our discussions on this issue My colleagues may be interested in a be lower proportionately once this bill several months ago. Wall Street Journal-NBC News poll is enacted than it was in 1964 when Sur- The fact is that Senator KENNEDY taken between April 26 and 28 of this geon General Luther Terry reported for and I approach issues like these from year. The question was posed as fol- the first time that smoking causes can- vastly different ends of the political lows: cer. spectrum. That perhaps is what As a conservative, I am generally op- Two Senators, a Republican and a Demo- strengthens the product of our discus- posed to tax increases. I firmly believe crat, have proposed increasing cigarette sions on those issues, the fact that we taxes by 43 cents a pack and giving much of can find common ground. I believe we that the Federal Government should the money raised to help States provide spend less and that the American peo- health insurance for uninsured children. desperately need to find that bipar- ple should keep more of their money Based on this description, do you favor or op- tisan common ground on an issue like that they earn in our economy. Yet the pose this plan? child health insurance, an issue which statistics about tobacco use and costs The response was astounding. I ask matters to so many of all of our con- that I cited above, I believe, make the unanimous consent that it be printed stituents. case that tobacco products are impos- in the RECORD. I think one of the lessons we have ing external costs onto society that are There being no objection, the mate- learned in the last 18 months is that not adequately reflected in the price of rial was ordered to be printed in the the American public believes Congress these inherently dangerous products. RECORD, as follows: is unnecessarily politicizing issues and Simply stated, the producers and con- WALL STREET JOURNAL/NBC NEWS POLL, sandbagging legislation in areas which sumers of tobacco products are not APRIL 26–28, 1997 beg for action. Children’s health is an paying for the full costs of this prod- Question: Two Senators, a Republican and obvious example. I caution my col- uct. a Democrat, have proposed increasing ciga- leagues not to be ashamed to work in a

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4785 bipartisan manner. Working across the dren—or the interests of the big to- We all know our country’s shameful aisle and knitting together political bacco companies? Are you for Joe record on infant mortality—we rank coalitions in order to get things done is Camel and the Marlboro Man, or mil- behind 17 other industrialized coun- an element of leadership, and I think it lions of children who lack adequate tries. is what the public expects of all of us. health care? The lack of health care for children I think that our approach is a true bi- Our amendment will make the plagues the education system too. Chil- partisan partnership. Public health Hatch-Kennedy children’s health insur- dren who are sick can’t study well in leaders back this approach. ance plan part of the budget. Our goal school. Children who cannot see the Six former Cabinet Secretaries of is to make health insurance accessible blackboard because they have no eye- HHS or its predecessor, HEW, rep- and affordable for every child. The plan glasses can’t succeed in the classroom. resenting all Presidential administra- is financed by an increase of 43 cents a Children who cannot hear the teacher tions back to the Nixon administration pack in the cigarette tax. That in- are unlikely to learn. Children who do support our amendment. I thank Secre- crease has the additional important not get a healthy start in life are un- taries , David Mat- benefit of reducing smoking by chil- likely to have a healthy future. And hews, Joseph Califano, Richard dren. without healthy children, our country Schweiker, Otis Bowen, and Louis Sul- Our plan has broad bipartisan sup- won’t have a healthy future either—be- livan for their support and leadership port—because health care for children cause children are the country’s future. in moving this legislation. is not a Republican issue or a Demo- Passage of this amendment, com- I also want my colleagues to know cratic issue. It is a human issue. Six bined with the money already included that former Surgeons General C. Ever- former Secretaries of the Department in the budget agreement, can end this ett Koop, Julius , Paul of Health and Human Services and four crisis and make this the Congress in Erlich, and Jesse Steinfield are back- former Surgeon Generals have endorsed which we guarantee every child the op- ing this effort. the plan. These leaders served under portunity for the healthy start in life Today is the time for we politicians Presidents Nixon, Ford, Carter, that should be the birthright of every to take the advice of these leaders in Reagan, and Bush. They all understand child. public health and vote to increase the the importance of health insurance for A budget is about setting priorities. tax on tobacco users in order to help children and decisive action to reduce There is no more important priority children. Indeed, the budget com- smoking. They all understand that than health care for our children. promise and the child bill plus the health care for children is an issue that The amendment provides the addi- public’s heightened sense of concern should transcend political party and tional funds necessary to achieve our about the perils of tobacco are coming ideology. goal. It includes in the instructions to together to present a rare and historic We all know the crisis we are facing the Finance Committee the necessary opportunity for our society to help in children’s health. Ten and a half adjustments to provide for a 43-cent-a- children get health insurance, further million children in this country—1 pack increase in the cigarette tax to fi- discourage tobacco use, especially child in every 7—have no health insur- nance the coverage. And it includes in among our young people, and target a ance. Over a 2 year period, 23 million the instructions to the Finance and sizable $10 billion for deficit reduction. children—1 child in every 3—are with- Labor and Human Resources Com- This is a unique time, and we should out health insurance for substantial mittee the spending to implement this make the most of it. I believe that we periods of time. program. can and should strengthen Medicaid Ninety percent of uninsured children The Hatch-Kennedy legislation in- and create a new program for those are members of working families. Their cludes provisions that were common to children from working families who are families work hard—40 hours a week, 52 bills introduced two Congresses ago by not Medicaid eligible. That is what our weeks a year—but all their hard work Republicans and Democrats alike. It amendment is intended to do. can’t buy their children the health care will make health insurance coverage I will not use up all our time. Let us they need, because they don’t qualify more affordable for every working fam- just keep this simple. Vote for Joey, for Medicaid and they can’t afford to ily with uninsured children. It does so not for Joe Camel. I reserve the re- buy insurance on their own. without creating any new Government mainder of my time. Too many children are left out and mandates—on the States, on the insur- The PRESIDING OFFICER. Who left behind because they are uninsured. ance industry, or on individuals. The yields time? Too many parents face a cruel choice program is purely voluntary. Mr. KENNEDY addressed the Chair. between putting food on the table, pay- Our legislation creates no new enti- The PRESIDING OFFICER. The ing the rent, and giving their children tlement. Instead, it encourages family Chair recognizes the Senator from Mas- the health care they need. responsibility, by offering parents the sachusetts. For millions of children the only help they need to purchase affordable Mr. KENNEDY. I yield myself 10 min- family doctor is the hospital emer- health insurance for their children. utes. gency room. Each year 600,000 sick The bill does not create any new bu- Mr. President, I ask unanimous con- children do not receive any medical reaucracies—either Federal or State. sent that Lauren Ewers be given privi- care, because they are uninsured. Each The Federal Government already col- leges of the Senate floor during the year, 400,000 children go without the lects tobacco taxes, and all States have pending debate on the budget resolu- medicine their doctors have prescribed agencies that run their Medicaid, pub- tion. because they have no insurance. Each lic health, and children’s health insur- The PRESIDING OFFICER. Without year, 11⁄2 million children go without ance programs. objection, it is so ordered. the dental care they need, because they Our legislation builds on what the Mr. KENNEDY. Mr. President, first have no insurance. Each year, 600,000 States are already doing. Fourteen of all, I commend my friend and col- uninsured children suffer from asthma States have their own public programs league, Senator HATCH, for explaining and less than half see a physician even on which our proposal is modeled. An- the thrust of this legislation and the once. other 17 States have private programs range of support that we have for it Each month, 1 million uninsured to subsidize the cost of child-only cov- and the importance of it for working children suffer from sore throats with erage for low-income families. families. Let me just continue in the high fever. If they have strep throats, Finally, our proposal builds on the presentation. it can lead to heart disease and kidney private insurance industry. States Mr. President, I join Senator HATCH disease if it’s not treated. Each year, choosing to participate will contract in offering this amendment to guar- 300,000 uninsured children have chron- with private insurers to provide child- antee a healthy start in life for every ic, untreated ear infections. Uninsured only private coverage. Subsidies will be American child. Our amendment to the children are 50 percent more likely to available to help families purchase the budget poses a clear choice for every die in the hospital than other children coverage for their children, or to par- Senator. Whose interests do you care because their parents couldn’t afford ticipate in employment-based health about—the interests of America’s chil- the health insurance they needed. plans.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4786 CONGRESSIONAL RECORD — SENATE May 21, 1997 Even families not eligible for the fi- entitlements. But anyone who reads children. They can’t speak for them- nancial assistance will be helped by the bill will see that it does not. Par- selves so we have to speak for them.’’ this plan, since children’s health insur- ticipation is voluntary for States. The Maria lives in California. Shortly ance policies will be widely available in requirements for participation are no after Maria entered a new school as a all States as a result of this proposal. greater than for other, typical Federal third grader, her progress reports indi- Under our plan, $20 billion over the grants to States for health care. The cated that she seemed to be performing next 5 years will be available to expand bill states clearly that it creates no far below her potential. A health exam- health insurance for children, and an new individual entitlement. ination arranged by her school revealed additional $10 billion will be available Obviously, we are not voting today that Maria had suffered multiple ear for deficit reduction beyond what is on the specific provisions of our legis- infections—probably over a period of provided in the budget agreement. lation. There will be plenty of time for several years. Maria’s father ran a Paying for this program by an in- adjustment and improvement as it small yard maintenance business, but crease in the cigarette tax is both log- moves through Congress. But this vote was not able to afford health insurance ical and practical. The link between on the budget resolution is the key for her. As a result, her parents were smoking and children’s health is obvi- vote that determines whether the over- unable to obtain treatment for her ear ous. If we do nothing, 5 million of to- all budget will contain room for this infections. Without timely and thor- day’s children will die from smoking- program, financed by a tobacco tax in- ough medical attention, scar tissue had related illnesses. crease, that will guarantee every fam- built up, causing her to become deaf in For years, tobacco companies have ily affordable coverage for their chil- one ear and have hearing loss in the cynically targeted the Nation’s chil- dren. other. Maria’s inability to access af- dren. It is appropriate now to ask those Big tobacco opposes this legislation. fordable medical care affects not only companies and smokers to make a con- They are powerful and well-funded, but her physical health but her educational tribution to the cost of health insur- they do not deserve to succeed in their development as well. ance for children. By providing a spe- effort to block our amendment. A vote Every day we delay means more chil- cific financing source to cover the cost for this amendment is a vote for chil- dren like Maria and like Leonard and of the program we are doing the fis- dren’s health care and a vote against Brian and Alyssa and Jillian suffer. It cally responsible thing. the insidious and shameful poisoning of is time to say, ‘‘enough.’’ We have Some will oppose this legislation on generations of children by the tobacco failed our children long enough. the grounds that the $16 billion already industry. Enough is enough is enough. Children are the country’s future. included in the budget over the next 5 An extraordinary 72 percent of the When we fail children, we also fail the years is enough. But the fact is, the $16 American people support this program. country and its future. We all know billion is barely enough to cover the 3 Republicans and Democrats, liberals what’s at stake. For children, this vote million uninsured children already eli- and conservatives, low-income families is the most important vote we will cast gible for Medicaid but not partici- and high-income families, North, in this entire Congress. pating. In total, it will cover only 3.7 South, East, and West—support is over- I reserve the remainder of my time. million children of the 101⁄2 million who whelming. The question is whether de- Mr. DOMENICI addressed the Chair. are uninsured. Let me repeat that: It mocracy still works. The American The PRESIDING OFFICER. The will cover only 3.7 million children of people understand the choice we are Chair recognizes the Senator from New the 10 million uninsured. making today—and Congress should Mexico. The budget agreement is an impor- listen to their views. How can any Sen- Mr. DOMENICI. Mr. President, I tant step forward. But that improve- ator say no? might just, first, ask that every Sen- ment is not enough to help the seven I would like to close by telling my ator who is interested in this amend- million other children in hard-working colleagues the story of the children in ment and what it does, that they get a families whose parents will still make two families. copy of the amendment. Look through too much to qualify for Medicaid but Sylvia Pierce of Everett, MA, didn’t it. Turn one sheet after another. See if not enough to buy the health care their think twice about taking one of her you find mentioned in this document children need. The Hatch-Kennedy plan four children to the doctor, when her cigarette taxes. See if you see it in fills that large gap. husband was alive. The family medical here. Some will oppose this legislation on bills were covered under her husband’s There is no mention of cigarette the grounds that the budget agreement health insurance that he got through taxes in this. The reason is, you can- was designed to cut taxes, not increase his job. When one of the children need- not, in a budget resolution, carry out a them. But a cigarette tax increase is a ed a shot, Pierce took the child to the mandate that a cigarette tax be im- user fee and affirmative step to im- doctor; if the baby had an earache, posed. Let me repeat. If this amend- prove health care. It is not like other Pierce got a prescription. ‘‘People ment is adopted, there is no assurance taxes. If you don’t smoke, you don’t don’t realize what a luxury health in- that a cigarette tax will be imposed be- pay the tax. We all know the heavy surance is,’’ Pierce said. ‘‘I know I cause you cannot do that in a budget costs that tobacco companies and didn’t. I took it for granted. I never resolution. So let us look at it, page by smokers inflict on all taxpayers. The thought about it; I never worried about page. There is no mention of a ciga- average pack of cigarettes sells for it.’’ That all changed October 6, 1993, rette tax. I repeat to Senator HATCH, $1.80 today—and it costs the Nation when her husband was murdered. In an my very good friend, that there is abso- $3.90 in smoking-related costs. This instant, Pierce’s life was changed for- lutely no assurance and no way, in a proposal helps in a modest way to off- ever. Gone was the father of her chil- budget resolution, that you can in- set those costs. dren, the family’s main breadwinner— struct the Finance Committee of the Every poll shows that, unlike other and its health insurance, leaving her Senate of the United States to levy any tax increases, raising the cigarette tax four children, 13-year-old Leonard, 8- kind of tax specifically. has overwhelming public support. The year-old Brian, 6-year-old Alyssa, and You can change the total amount of only people who don’t like this in- the baby, Jillian, unprotected. ‘‘It was taxation and say, ‘‘We sure hope, when crease are the tobacco companies and the middle of the winter, the worst you change that, that you will pass a their lobbyists. time of year as far as kids and sickness cigarette tax.’’ I tell you that because Some will claim that this program are concerned,’’ Pierce said. ‘‘The kids the budget resolution is not the place will displace existing private insurance were always catching something at to argue about what a tax package is coverage. But our bill has strong safe- school, and the baby had earaches and going to look like specifically, espe- guards to prevent this from happening. needed to have her immunizations. I cially with reference to imposing a new In fact, it has not occurred in the kept postponing her shots because I one. States that have already acted to im- didn’t have the money. It was a very Second, for those who are interested plement similar programs. anxious time.’’ in cutting taxes—I assume there are a Some will argue that this program ‘‘I didn’t choose to be in this situa- whole bunch of people on our side who creates new mandates on States or new tion * * * We’ve got to take care of our want to cut taxes, and I think there are

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4787 some on this side who want to cut tell you how much they are covered by. All I am suggesting is that the Presi- taxes—if this amendment is adopted, There is $16 billion—one-six—$16 billion dent of the United States, in this bipar- while it does not mandate a cigarette in new money in this agreement that is tisan agreement, made great, great em- tax, believe it or not, it cuts the taxes there specifically and singularly to phasis to the American people that it that you can cut by $30 billion. So that cover children who do not have insur- was a good agreement for many rea- will be a wonderful accomplishment, ance. All 5 million are covered by the sons, and one of them was that we had especially by conservative Senators on $16 billion. covered the young people who are not this side of the aisle, that essentially Let me suggest that the White House covered with $16 billion in new money. the only thing you are assured they ac- in these negotiations put before us a I want to close on this point, and I complish is that there will be a tax cut plan to cover the 5 million young peo- will have a lot more to say, but essen- for the American people that will be ple, 5 million young children in Amer- tially, this amendment in no way will less than we expected when we got this ica. They put forth a plan and they cause a cigarette tax to be imposed if budget resolution passed. That is just said it is going to be very difficult to that is the wish of the sponsors, be- the arithmetic of an instruction to the find out how to cover these young chil- cause you cannot do it in a budget res- committee—just plain arithmetic. Hav- dren because we do not have any expe- olution and you cannot find the words ing said that, there should be no bones rience in it. We do not have any insur- ‘‘cigarette tax’’ in the boundaries of about it, because of what I have just ance policies out there to cover them. their amendment, because there is no said with reference to a tax cut and But $16 billion ought to do the job. way to do that. They just have num- with reference to adding more money Mr. KENNEDY. Will the Senator bers plugged in and they wish the Fi- to programs, this is in violation of the yield on my time for 1 minute? nance Committee will use the numbers bipartisan agreement. Mr. DOMENICI. Sure. I will be the way they are giving their speeches Mr. President and fellow Senators, I pleased to. on the floor. They are hoping that they do not know who is going to lobby this Mr. KENNEDY. Mr. President, just to will do that, but the Finance Com- in behalf of the agreement. I do not make it clear, in the budget is some $16 mittee does not have to. know who is going to lobby from the billion. The Medicaid costs are $860 per So what we are doing is, we are White House or from the office of the person. If you work that out, that cov- in kids’ coverage, which is already in minority leader. I do know Senator ers 3.7 million. the agreement, to a national issue on smoking cigarettes. And it is a na- LOTT and I intend to defeat this. So we I think the President said ‘‘up to 5 are not only going to be lobbying, we million.’’ So, there is a major part of tional issue. It is a terribly tough are going to be working to see that this that group, particularly the working issue, but, essentially, they are unre- agreement that we entered into is kept poor, who are not covered in that. lated in terms of the budget resolution. and not violated by this amendment or I strongly support the point that the So what we are doing is asking for any other amendment. For, make no Senator has made in that we are going more money for a program that is al- ready covered, with no assurance that bones about it, if you adopt this to see progress, and it is important it will be spent for that program, and amendment, this agreement is wide progress. I think we ought to at least we are calling for a tax increase, with open, if you believe anybody on this have an understanding. We have $16 bil- no assurance that it will be a cigarette side of the aisle or that side of the aisle lion and it costs $860 to cover each tax, but a real assurance that you will who wants to live under this is going to child. If you do the math, it is 3.7 mil- have cut the $85 billion that we are sit by for a major change like this. Es- lion. The President, I think, said up to providing for net new taxes by $30 bil- sentially, the principal change is to re- 5 million. I think, frankly, if you do lion, just the mathematical effect of duce the amount of money you can cut the math, it is a little closer to 3.7 mil- the amendment. taxes by $30 billion. lion. Mr. DOMENICI. Mr. President, fellow I yield the floor at this time. Let me also say, fellow Senators, and Mr. HELMS. Mr. President, Senator anyone listening here today, whatever Senators, the truth of the matter is that nobody knows, nobody knows DOMENICI is absolutely correct. If the the wonderful discussions by well- Senator from Massachusetts wants to meaning Senators—and they are all today how to cover these children who are uncovered in America. Nobody has render nugatory the work of all the well-meaning, I say that to my friend, Senators who labored so long to a plan. Nobody knows which plan to Senator HATCH, looking right at him, produce a budget, his amendment is use. Obviously, a very large number wonderfully intentioned—the issue of the way to do it. covering children in America who are ought to be put under Medicaid. But At stake, Mr. President, are the live- not covered by insurance, listen up, they will not all fit under Medicaid, so lihoods of this country’s tobacco farm another plan has to be developed for Americans: They are all covered in this families as Senators KENNEDY and the rest of them. Frankly, this Senator agreement. The President claims vic- HATCH attempt to extract an addi- tory in this agreement. And guess what is convinced that we can devise a plan tional $30 billion tax increase from the he says, Senator KENNEDY, when he in the Finance Committee of the U.S. American taxpayers by upping the ex- said this is a great agreement—5 mil- Senate that will cover them all and isting 24-cent excise tax to 67 cents. lion Americans, and he put up his hand will not even use the $16 billion. The impact of this proposal, if en- with his 5 fingers like that—5 million That is just as honest a statement as acted, would not only devastate the Americans, young children, are going my friend from Massachusetts makes Southeastern economy; it will harm to be covered by health insurance be- when he plucks a number, because we the entire country. It will be harmful cause I made a deal to make sure that do not know what it is going to cost. to the lives of thousands of farm fami- occurs. Mr. President, do my fellow Senators lies, to the manufacturing workers who So let us make sure that the speeches know that if you went out 6 months stand to lose their jobs, to the retail- about covering children, trying, in this ago across America and you said, store owner and his employees, to the debate, to tie that to raising a ciga- ‘‘Let’s buy health insurance for some truck driver who delivers the product rette tax—and another day, another uninsured kids; let’s just go around to to market, to the farm implement place, another way, perhaps many Sen- the insurance agencies and say, ‘How dealer who supplies the tobacco farmer, ators would vote for a cigarette tax in- about giving us an insurance bid,’ ’’ to the schools financed by taxes levied crease. Perhaps. there was no policy until about 2 on tobacco farmers, and on and on. Mr. KENNEDY. Will the Senator just months ago when a company decided to Mr. President, this tax increase will yield on that point? issue a policy. Nobody even knows, cost thousands of fine North Caro- Mr. DOMENICI. I just want to finish since it is the only one, whether its linians their jobs; it will effectively de- this thought. price is going to remain when they all stroy the livelihoods of thousands of Mr. President, this cigarette tax is start issuing them, for it is, indeed, not small family tobacco farmers. not needed. We need not break this expensive to cover children; everybody According to American Economics agreement to cover children who are knows that. One of the reasons given to Group, Inc., nearly 662,402 citizens are uncovered, in terms of health insur- cover them is it is not very expensive employed in the production, manufac- ance, because they are covered. Let me to cover them. turing, and marketing of tobacco. If

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4788 CONGRESSIONAL RECORD — SENATE May 21, 1997 enacted, the 43-cent excise tax on to- more important for our children than third. It requires a 60-percent increase bacco products would abolish 43,000 education. I have supported full fund- in revenue raisers in this bill over the jobs nationwide, and North Carolina ing for Head Start and the WIC Pro- next 5 years. Tax increase, revenue alone would lose 17,849 jobs. gram and expanding Medicaid coverage raisers. Furthermore, any increase in the cig- to poor children. I have supported child Let’s quit talking about taxes a mo- arette excise tax will fall dispropor- care programs. I have supported the ex- ment, and let’s talk about the Ken- tionally on lower- and middle-income pansion of the earned income tax cred- nedy-Hatch amendment. While it is consumers—the citizens least able to it. I have supported a child tax credit true that States have the option of de- pay it. Those earning less than $30,000 that will become, hopefully, a part of nying the new block grant under this annually already pay 5 times more in this budget. I have supported drug amendment, once they decide to accept excise taxes than those earning $60,000 abuse funding to help children. I have the money, several conditions and or more. Those families earning less supported reasonable environmental mandates—I underscore mandates—to than $30,000 pay a staggering 47 percent initiatives that improve the lives of the States apply. of all tobacco excise taxes, yet these our children. But this is not a debate The Kennedy-Hatch proposal con- families earn only 16 percent of na- about whether or not to provide funds tains 27 separate provisions which tional family income. for child health care. state that a State ‘‘shall’’ or a State Make no mistake about it—the to- The budget agreement already in- ‘‘must’’ or a State ‘‘may not’’ do some- bacco tax is not a user fee as so often cludes $16 billion in additional funds thing. States have restrictions on how claimed by the proponents of this for child health care. A vote for this to write their plan to cover children. amendment—it is a tax increase. We budget agreement, as is, is a vote for Who must approve the plan before they all know that when excise taxes are in- this country’s children. I support the receive the funds? HHS. Which children creased on any product, sales of that budget agreement that was negotiated are eligible for health insurance sub- product decrease. If tobacco revenues earlier because it strikes an important sidies? What must be covered under the fall short of projections—which will balance. It provides much-needed pro- health insurance policy? You have told certainly be the case because there will grams for children from education to the insurance companies what they be a substantially smaller tax base— health care. It provides much-needed have to write, who they can contract how will the shortfall be made up? tax relief for middle-income families, with—think about that now, who a More taxes? What other group will be and it balances the budget by 2002. An State can contract with for policies singled out to shoulder this financial enormous amount of what we spend in and how—how much they must pay out burden? the Federal budget is about children, of State funds to receive this money; Tobacco has been targeted for enor- and I believe that is right because our what percentage of administrative mous tax increases because it is an children are the most important re- costs they must cover—mandates on easy way for this Government to take source this country has. the States. even more money out of the taxpayers’ We have to balance a lot of com- Having been there and done that, I pockets. Smokers, tobacco farmers, peting priorities. There is virtually no understand what a Governor has to do, and those who work in the tobacco in- end to what we could spend on edu- but, if faced with a choice of stretching dustry should not be singled out to cating our children, for instance, if dollars, a Governor might prefer to shoulder the burden of paying for the money were no object, but money is an provide a very basic policy but to cover health care of uninsured children. object, because we have to balance the more children. Under the Kennedy- The anti smoking zealots have made size—and I underscore size—of Govern- Hatch amendment, the benefits that clear that they are willing to do almost ment with the appetite of our constitu- must be covered are specified in the anything in order to tax tobacco right ents to pay taxes. I thought the budget bill. out of existence. They do not care arrangement announced earlier struck What is the cost to the States? The about the 18,000 people in North Caro- a pretty fair balance. It protected a Kennedy-Hatch amendment will cost lina alone who stand to lose their jobs. number of national priorities while the States up to $5 billion in additional The proponents of this amendment balancing the budget. As I have always matching funds, requiring them to talk about all the children they are said, it includes $16 billion for chil- raise their money or their taxes. The trying to insure with the revenues dren’s health care over 5 years, an Kennedy-Hatch amendment will cause from this tax. Well, I can guarantee amount that we are told will cover ap- cigarette consumption to decline by a that they’ll be able to add more unin- proximately 5 million children. minimum of 10 percent. This means sured children to that list if this tax is The budget deal assumes that there that States could lose between $4 and enacted. There will be a number of will be $135 billion in gross tax cuts off- $7 billion in excise taxes if they do not folks without work, and a number of set by $50 billion in new revenues al- participate in the bill, meaning that children who will suffer because of it. ready. Now we look at the Kennedy- even more money must be made up Once we head down this road of using Hatch proposal. No matter how you somewhere else. the taxing power of Government to dis- look at it, this proposal undercuts the For weeks and weeks and months and courage Americans from undertaking budget deal by changing the balance months, there has been a bill filed to activities Congress and the White reached in that agreement. It requires get rid of Joe Camel, to get rid of Marl- House find objectionable, or politically the Federal Government to be $30 bil- boro Man, to do away with advertising, incorrect, where will it stop? lion bigger in tax revenues and at least to do all those things that FDA has This tax discriminates against an en- $20 billion bigger in spending programs. regulated, and then just ask FDA to tire region, an entire industry, and all Tax-and-spend. get out of adult choice. But people who people who use tobacco products. So, with this amendment, there will will not help prevent youth from smok- Mr. FORD. Will the Senator yield me only be $55 billion in net tax cuts. That ing are here with an issue, not solving 10 minutes? is not the agreement I agreed to, the the problem, they are here with an Mr. DOMENICI. I yield 10 minutes to White House signed off on last week, issue, because if they wanted to solve Senator FORD. and it is not the agreement that the the problem, they had an opportunity Mr. FORD. I thank the Senator. American public has been led to believe months ago to get on a piece of legisla- Mr. President, I am quite proud of they are getting. tion that would do exactly what FDA is the record I have established over the There are plenty of other problems now saying will be in regulations. years in support of programs that help with the substance of the Kennedy- So, Mr. President, don’t let anyone children. No one in this Chamber is Hatch amendment. I do not think the say that they want to solve the prob- going to suggest that this Senator, this budget deal was about raising taxes. If lem. They, by their own words, have let grandfather of five, takes second place this amendment is adopted, this budget thousands upon thousands upon thou- to anyone when it comes to priorities deal will become more and more about sands of kids die because months and affecting children. I have supported ex- raising taxes. Put another way, this months and months ago, they would panding educational opportunities ever amendment reduces the net tax cut in not get on a bill to help stop youth since I came to the Senate. Nothing is this bill by 35 percent, more than a smoking. Now they have an issue: They

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4789 want to raise taxes in order to stop RECORD a joint tax review that states cigarette tubes, $0.015 per 50 tubes. Under youth from smoking. that even with the decline in potential present law, there is no tax on fine cut (roll- Well, it tells me something that they tobacco use, there still will be $30 bil- your-own) tobacco. want the issue and not a solving of the lion generated over the period of the Under the bill, the tax on small cigarettes problem. next 5 years. This also takes into con- would be increased by $0.43 per pack to $0.67 I yield the floor, Mr. President. sideration the arguments of the Sen- per pack. The excise taxes on other tobacco Mr. KENNEDY. Mr. President, I yield ator from Kentucky. products are to be increased by the same per- myself 2 minutes. There being no objection, the mate- centage increase as the increase (179 percent) The PRESIDING OFFICER (Mr. on small cigarettes except for the tax on rial was ordered to be printed in the snuff, which would be increased by 569 per- INHOFE). The Senator from Massachu- RECORD, as follows: cent to $2.41 per pound and chewing tobacco setts. JOINT COMMITTEE ON TAXATION, which would be increased by 4,975 percent to Mr. KENNEDY. Mr. President, just Washington, DC, May 19, 1997. $6.09 per pound. In addition, an excise tax is for the benefit of the membership, this Hon. EDWARD M. KENNEDY, to be imposed on fine-cut tobacco equal to legislation is drafted in the historical, U.S. Senate, the tax on pipe tobacco. traditional way of amending the Budg- Washington, DC. The proposed tax increases for small ciga- DEAR SENATOR KENNEDY: This is a revenue et Act. There should be no question as rettes and other tobacco products would be- estimate of your bill, S. 526, introduced with come effective on October 1, 1997, with floor to exactly what this legislation is Senator Hatch. about. It is about providing health in- Under present law, the excise tax rates on stocks taxes levied on that date. However, a surance for working families who can- tobacco products are as follows: small ciga- credit to be applied against the floor stocks not afford it. This is spelled out in the rettes, $12.00 per thousand; large cigarettes, tax liability equal to $500 would be allowed $25.20 per thousand; small cigars, $1.125 per every vendor responsible for the payment of purpose of the amendment, which also floor stocks taxes. We estimate that the states that it will be * * * ‘‘financed by thousand; large cigars, 12.75 percent of wholesale price (but not more than $30.00 per floor stocks tax credit would reduce fiscal an increase in the tobacco tax.’’ What thousand); snuff, $0.36 per pound; chewing to- year 1998 receipts by $400 million from what we are voting on ought to be very bacco, $0.12 per pound; pipe tobacco, $0.675 they otherwise would be. clear. per pound; cigarette papers, $0.0075 per book We estimate that this proposal would in- Second, Mr. President, I ask unani- containing more than 25 papers (with no tax crease Federal fiscal year budget receipts are mous consent to have printed in the on books containing less than 25 papers); and as follows: [By fiscal years; in millions of dollars]

Item 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 1998–2002 1998–2007

Increase small cigarette tax by $0.43 per pack ...... 5,273 5,633 5,673 5,714 5,753 5,791 5,827 5,864 5,904 5,944 28,046 57,376 Increase other tobacco excise taxes by 179%: Large cigarettes ...... (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) (2) (2) Small cigars ...... 3 3 3 3 3 3 3 3 3 3 13 30 Large cigars ...... 58 61 61 59 58 57 56 55 54 53 297 573 Pipe ...... 10 10 9 8 8 8 8 8 8 8 45 85 Fine cut ...... 4 4 4 5 5 5 5 5 5 5 22 47 Papers ...... (1) (1) (1) (1) (1) (1) (1) (1) (1) (1) 1 (2) Tubes ...... 1 1 1 1 1 1 1 1 1 1 5 10 Increase tobacco excise taxes on chewing tobacco by 4,975% ...... 93 94 92 90 89 88 87 86 85 84 458 888 Snuff by 569% ...... 239 258 270 281 293 306 319 332 346 361 1,341 3,005 Totals ...... 5,681 6,064 6,113 6,161 6,210 6,260 6,309 6,357 6,409 6,462 30,228 62,026 (1) Gain of less than $500,000. (2) Gain of less than $5 million. Note: Details may not add to totals due to rounding. I hope this information is helpful to you. If we can be of further assistance in this matter, please let me know. Sincerely, KENNETH J. KIES.

Mr. KENNEDY. Mr. President, third, Mr. DOMENICI. Mr. President, I then come to the floor and have the using the figures of the Senator from yield myself 5 minutes. President of the United States not Kentucky, a reduction of about 10 per- I want to make a point again in a lit- fully aware that this throws the agree- cent is 4.5 million Americans. By and tle different way. I am talking now to ment away? Perhaps he is unaware of large, the greatest reductions will be the U.S. Senate, but, obviously, there it this morning. But he ought to be among children, because they become are people who pay attention who are aware of it soon. addicted at the earliest age. not in the Senate. I mean, the agreement is as much as Finally, I want to address the issue So I would like to make sure that ev- a nullity if you are going to violate it as to whether this is consistent with erybody that was part of this agree- to that extent with this amendment, the budget resolution. The budget reso- ment—this agreement—the President which will not necessarily accomplish lution reduces the deficit. This pro- of the United States signed it. I would the purposes of its sponsors. gram adds $10 billion in terms of deficit like to make sure he somehow or other I repeat, look at the amendment. reduction. It strengthens the agree- hears this next couple minutes. Read it line for line. And there is no ment itself. Mr. President, fellow Senators, there mention, I say to Senator GORTON, of a Second, it does not change spending can be no more frontal attack and vio- cigarette tax in this because, as you with regard to potential capital gains, lation of this agreement than this know, you cannot do that in budget the estate taxes, the IRA’s, the edu- amendment. Now let me make it clear. resolutions. They are just numbers. So cation programs—none of those will be It says that the tax cut to the Amer- there is no cigarette tax in here, and altered or changed. ican people is reduced by $30 billion. no cigarette tax assured under this. This is effectively a user fee for those And it says we will spend $20 billion of So I hope everybody understands the who smoke, and it will provide com- that. So we are going to reduce the tax significance of it. We can debate for prehensive coverage for the millions of cut and spend more money. And we al- quite some time. I was of the opinion children who are not covered. ready cover the children in this agree- we had an agreement. And I was of the I pay tribute to my friend and col- ment. opinion that it was Democrat, Repub- league from Kentucky because he has Mr. President, why would we work lican, Presidential. And I think those been a champion of children the entire for 2 or 3 months—and in this instance who are proposing this amendment bet- time he has been in the Senate, and no I say, Mr. President, Mr. President Bill ter think loud and clear and think one in this Senate ought to doubt his Clinton—why would we work for 3 carefully, do they want the agreement strong commitment. months to shape an agreement that to disappear because of this amend- Mr. DOMENICI addressed the Chair. provides some items that Republicans ment. The PRESIDING OFFICER. The Sen- want and some items that Democrats I yield the floor. ator from New Mexico. want, including the President, and Mr. HATCH addressed the Chair.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4790 CONGRESSIONAL RECORD — SENATE May 21, 1997 The PRESIDING OFFICER. The Sen- crease; and it is the only way it will be dren we know do not have coverage ator from Utah. done. That is the only way you can ad- today. The math is ascertainable. And Mr. HATCH. Mr. President, I under- just the budget to accommodate a to- the math will tell you that you are stand well the procedural objections of bacco tax increase. If the Finance Com- only going to cover about 3.7 million the distinguished Senator from New mittee refuses to back the tax, then it children with the amount of money al- Mexico to this amendment. He argues will be they, not us, who have thwarted located. that there is no way to be absolutely the will of 72 percent of the American The fact is, that last year when Sen- certain that the Finance Committee people who support this amendment. ator KENNEDY and I and Senator will levy a tobacco tax. In a narrow I would like to point out nothing in ROCKEFELLER and others introduced legal sense that is certainly true. Well, the bill binds any committee to adopt legislation to provide health care for to that assertion I simply respond that any policy. Many committees may con- children, we thought we had an ap- this is not some hinky-dinky little sider changes we have not anticipated proach. And Senator HATCH and others technical amendment. Everybody here here today. We have to do the best by could not find agreement with it. And knows what is involved here. providing clear direction on the floor. there have been some changes since We are having one of the most impor- And if that guidance is not followed we then. But let me tell you, Mr. Presi- tant debates in this Congress. It may will have to deal with that with subse- dent, what else has happened since be the most important debate that oc- quent reconciliation and tax bills. then. curs during this session of Congress. So this charge ignores the real issue. There are 750,000 additional children We are debating in public. We all know The proponents of our amendment, the who have lost their private health in- what the stakes are. It is our children Hatch-Kennedy amendment, are mak- surance in this country in that year versus Joe Camel, nobody doubts that, ing a public choice to help kids at the that we have not seen fit to do what nobody has any problem with that. In expense of the tobacco industry. You Senator KENNEDY and Senator HATCH fact, even in the purpose clause of the can try to gild the lily any way you are asking us to do today—750,000 addi- amendment, it says financed by an in- want, but that is the situation here. tional kids. crease in the tobacco tax. So it is Big tobacco is fighting back. Who are One kid every 35 seconds has lost there. Make no mistake about it, the we going to be with? Are we going to be their health insurance in this country. question is clear today. History can be with the kids or are we going to be And the fact is, that most of those 10 made today if our amendment is agreed with tobacco? That is strictly the million kids are the sons and daughters to. issue. of parents who are working. Ninety The Finance Committee would have I reserve the balance of my time. percent of them are working. And the no practical other choice but to pass Mr. KERRY addressed the Chair. vast majority, about 68 or 69 percent, the cigarette tax to finance this. Of The PRESIDING OFFICER. Who both parents are working and are course, there is no legal requirement to yields time? working full time. bind their actions but sometimes polit- Mr. HATCH. How much time does the So why is this necessary, Mr. Presi- ical and moral forces cannot be re- Senator want? dent? Let me just share with you a sisted by mere legal technicalities. Mr. LAUTENBERG. How much time real-life story from Massachusetts. Jim If we prevail today, there is no polit- does the Senator want, 10 minutes? and Sylvia Pierce were married in 1980. ical way to turn back. That is why so I yield 10 minutes to the Senator They lived in Everett, MA. Jim was a many people are so nervous today. This from Massachusetts off of the budget plumber. They had three children: vote may be the most important vote resolution. Leonard, Brianna, and Alyssa. we cast this year for the future of our The PRESIDING OFFICER. The Sen- In October 1993, Sylvia was pregnant children. Let us face it. The people out ator from Massachusetts. with her fourth child when Jim was there are watching. And they are going Mr. KERRY. Mr. President, I thank murdered on his way home from the to hold us accountable, especially the Senator from New Jersey. store. In that one horrible moment, her those 72 percent of the public, accord- I am proud to rise to join Senator life changed forever. She not only lost ing to -NBC HATCH and Senator KENNEDY as a co- her husband, but, pregnant and alone, poll who support our bipartisan ap- sponsor of this, and to thank them for she lost her health insurance as well. proach. It is Joey versus Joe Camel, their leadership on it. Let me say first Her survivor’s benefits made her in- and no procedural nicety can obscure of all, that it is absolutely disingen- come too high to be able to qualify for this reality. And everybody here knows uous to suggest to the U.S. Senate that long-term Medicaid but it was too low it. So that is what it is coming down this amendment ought to be voted to be able to pay the $400 a month pre- to. against or is subject to criticism be- mium that would have extended her There are $135 billion in total tax cause it reduces the tax cut by $30 bil- husband’s health plan so that it would cuts, gross tax cuts in this budget lion. have covered her children. Result—she agreement. And the fact is, that this is Every U.S. Senator knows, by virtue lost her health insurance, pregnant, a public health vote much more than a of our experience here and the practice and with three children. tax vote. Tobacco is the No. 1 cause of on the budget, that we are not allowed And she said, ‘‘I’ve always taken premature death in this country. And to specify the specific source of rev- good care of my children. I feed them that is costing our country literally enue. But every Senator also knows well; I take them to the doctors imme- tens of billions of dollars annually by what the source of revenue would be if diately when they need it. All of a sud- our own Government estimates. we decided to pass this legislation. den I couldn’t do that anymore.’’ GAO is the one who has given us the There is no question about it. That is what this debate is about, Mr. figure of 10 million children here who There is no other place that the Fi- President. It is about families like that do not have adequate health insurance, nance Committee would go as a con- that are trying to provide for their 3 million of whom do not even know sequence of an overwhelming vote of children. It is about teachers who will they qualify for Medicaid. This money the Senate to say that we should pro- tell us again and again that children in in this bill will help those 3 million vide this care with the understanding a school who are disruptive in a class children, perhaps. But I have to say, in of the sponsors and of all of those pro- are often the children who have not order to get to $16 billion they had to posing that there is one source that we even been diagnosed for an earache or cut the DISH. That is going to be a loss are directing our attention to for the for an eye problem. We are the only in- to children. So we are talking about revenue. So that is an entire smoke- dustrial country on this planet that taking care of the other 7 million chil- screen. No Senator can hide their vote does not provide health care to our dren that are involved according to the behind that kind of smokescreen today. children. GAO. Second, it is absolutely false to sug- That is unacceptable in 1997. It is un- My amendment does direct the Fi- gest that the $16 billion in the agree- acceptable when we are looking at 134 nance Committee to come up with $30 ment is going to provide health care to billion dollars’ worth of gross tax cuts. billion more in revenues. We want this even the 5 million children that it Mr. President, every person involved to be done with the tobacco tax in- claims to, let alone the 10 million chil- with children will tell us the value of

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4791 providing health care to those kids so by about 1 million new smokers, which significance all across America. It that you can provide the long-term means that you are going to have seems to me the worst way, even if the preventive care and diagnosis nec- about 89 percent of those who are 18 Kennedy-Hatch proposal were other- essary to provide them with full par- will have started smoking before that. wise something that ought to be sup- ticipation in our society. Mr. President, the tobacco tax is ported, the worst possible way to fi- The Journal of the American Medical known to weed out that early smoking. nance it by putting a tax on low-in- Association found that children with The tobacco tax, according to the come Americans. So not only is this a coverage gaps are more likely to lack a American Cancer Institute, suggests new tax in a budget resolution designed continuing and regular source of health that 835,000 children’s lives would be to give us an opportunity to lower care, so that if you just have a gap in saved. So that is really the choice we taxes on the American people, it is a your coverage, the greater likelihood is face in this vote today. We know that tax directed at low-income Americans. you are not going to be able to make it if you raise the taxes on cigarettes, the In addition to that, Mr. President, up and have any kind of long-term pre- people with the least amount of dispos- this is a tax that is targeted at a re- ventative care; and that even when fac- able income, which are kids, are less gion of the country. It is no secret that tors, such as family income, chronic accessible to cigarettes. The fact is, if tobacco production is largely confined illness, and family mobility are 835,000 lives could be saved and we to the southeastern part of the United factored out, numerous studies by uni- refuse to take the step today to do States of America. No one, as far as I versity researchers and by Government that, then ask yourself what the com- know, is suggesting that cigarette agencies show that the uninsured are plicity is in those additional 835,000 smoking or the production of tobacco less likely to receive preventative care, smokers and deaths that would occur be made illegal. Controversial though it may be, no one is suggesting it be such as immunizations, more likely to as a consequence. Mr. President, this makes sense. This made illegal. go to emergency rooms for their care, So we have in my State over 60,000 is important in terms of our rising to more likely to be hospitalized for con- tobacco producers engaged in the rais- the standards of the rest of the coun- ditions that could have been avoided ing of a legal crop for American citi- with proper preventive care, and more tries in the world, industrial countries. zens. The average tobacco grower, Mr. likely to have longer hospital stays It makes sense to save countless tax President, used to have in Kentucky than individuals with health insurance. dollars that are spent for those people about three-quarters of an acre. It is a So, in other words, the fact that we who die, the 419,000 each year, as a re- little bit higher than that now. The nickel and dime this and we refuse to sult of smoking-related disease. It typical tobacco producer in my State is give them coverage actually winds up makes sense because it provides chil- a part-time farmer. He probably has a costing us a lot more in the long run. dren with the opportunity to have the job in a factory. His wife probably Mr. President, when you really con- diagnosis of preventive care that pro- works in an apparel or cut-and-sew sider the savings in this, this ought to vides them with a full opportunity to plant, as we call them. They raise this be a no-brainer for Members of the Sen- participate in our society. tobacco on their own. They cut it and ate. And the fact is, the reason we are I think Senator HATCH and Senator strip it on their own. They sell it at turning to cigarettes is because ciga- KENNEDY are absolutely correct when auction in November and December, rettes are the greatest saver of all. You they say this is one of the most impor- and it provides Christmas money, or, can leave aside the fact that the Wall tant votes we will cast. This does not for many families, a lot more than Street Journal did a poll that sug- blow apart any agreement. Do not let Christmas. It may be the opportunity gested that 72 percent of Americans any smokescreen to that effect cloud a to send their kids to college. Fre- favor this 43-cent tax, but just think vote here. This agreement can hold to- quently, these kids going to college are about it on the merits. gether because this amendment pro- the first in the families to have that The fact is, the public supports this vides for revenue and it provides for opportunity. bill because they want children to have making up the difference of what is Mr. President, 60,000 tobacco pro- health insurance and they also under- taken away. In the end, this agreement ducers all across Kentucky are being stand the rationale for increasing the could go forward, and America’s chil- singled out as they raise a legal crop, cigarette tax. The cigarette tax is a dren would benefit as a consequence of being singled out to pay for a chil- user fee. For three-quarters of Ameri- that. dren’s health insurance proposal in this cans they are not going to pay any- I reserve the balance of my time. budget resolution, and I am told by the thing additional. But for the one-quar- Mr. GORTON. Mr. President, I yield 8 chairman of the Budget Committee, we ter of Americans who do smoke, they minutes to the distinguished Senator have already taken care of that. There wind up costing Americans an addi- from Kentucky. is $16 billion for children’s health in- tional $50 billion in direct costs, health The PRESIDING OFFICER. The Sen- surance in this budget proposal al- care costs as a consequence of that ator from Kentucky. ready. So what is going on here is, you smoking. Mr. MCCONNELL. I thank my friend, will have a whopping new tax increase Mr. President, the tobacco taxes in the Senator from Washington. on low-income Americans that whacks the United States today are the lowest Mr. President, we are indeed here for the Southeastern part of the United in the industrial world. And even if we a budget resolution designed to ulti- States the hardest in order to get after passed this 43-cent tax in order to fund mately lead to a tax decrease for Amer- cigarette smoking. health care for children, we would still icans. Advocating the Kennedy-Hatch Mr. President, I do not smoke. I do be far below the tax charged in most of proposal is a $30 billion tax increase for not advocate it. I think we need to do those other countries today. the American people. a better job of keeping cigarettes out There is a rationale for doing this, a Mr. President, that is not exactly of the hands of people who are under- rationale that is overwhelming. what I thought a Republican Congress age. But why in the world should we, in In the next 24 hours, 3,000 children had in mind in negotiating with the this budget resolution, designed, are going to start smoking. President of the United States to reach among other things, to give tax relief Every 30 seconds a child in the a balanced budget agreement. All of a to the American people, whack low-in- United States starts smoking. And the sudden we throw that out right here in come Americans with a $30 billion tax problem is getting worse because the second day of debate and suggest increase is simply beyond my under- smoking among students in grades 9 to that we raise taxes $30 billion on the standing. 12 increased by more than 26 percent American people. Now, looking at it from a job-loss from 1991 to 1995. Now, which people are we suggesting point of view, Mr. President, from a And although 419,000 smokers die the taxes ought to be raised upon, Mr. Kentucky jobs point of view, estimates each year of smoker-related diseases, President? This is a regressive tax are that there are 78,000 Kentucky resi- the fact is that 89 percent of those who against low-income Americans. All of dents who have jobs in sectors linked start to smoke by the age of 18 are my colleagues on the left of the polit- to the production, distribution, and re- going to be replaced today or the fact ical spectrum here are advocating a tailing of tobacco products. By increas- is those 419,000 are going to be replaced low-income tax increase of substantial ing the Federal excise tax on cigarettes

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4792 CONGRESSIONAL RECORD — SENATE May 21, 1997 by 43 cents per pack, we estimate we many cases, tobacco provides the cash the production, distribution, and re- would lose 43,000 of those jobs and 2,000 margin that sustains a diversified fam- tailing of tobacco products. By increas- of them would be the Kentucky farm- ily farm operation. Smokeless tobacco ing the Federal excise tax on cigarettes ers. The total payroll loss would be $70 companies employ workers in States by 43 cents per pack approximately million in my State. Due to declining like Kentucky, Connecticut, Wisconsin, 4,310 of these jobs would be lost, 2,019 cigarette sales, total State cigarette New Jersey, West Virginia, Tennessee, would be farmers. Total payroll loss tax revenues would also drop by just and Illinois. Many tobacco product dis- would be $70 million. Due to declining under $7 million. tributors are in States like Texas and cigarette sales, total State cigarette So not only does this proposal advo- Georgia. With the inevitable loss of tax revenues will drop by $6.7 million. cate a huge tax increase on low-income those jobs, the economic harm will be Tens of thousands of Kentuckians Americans, it is also going to lose a far-reaching throughout the larger earn a living from the growing, har- significant number of jobs in my State farm and rural communities associated vesting, manufacturing, and marketing and a number of other States across with tobacco. of tobacco products. Additionally, the Southeast all, allegedly, to go after The billions of tax dollars supplied by nearly $130 million of Kentucky’s tax a habit that many Americans have, the many facets of the tobacco indus- revenue relates to tobacco production, which is not a healthy habit, a habit try support schools, pay for roads— and local governments receive approxi- that I do not participate in, but a habit help build America. Where will these mately $5.5 million in property taxes that adults are entitled to engage in if funds come from now? Whose taxes are from the value of the quota system they so choose. you going to raise next? alone. Where will this tax revenue Now, Mr. President, this is a very, This amendment will raise excise come from when Kentucky farmers are very serious proposal before the Sen- taxes on all tobacco products including taxed out of existence? ate. It will do great harm to my State cigarettes, chewing tobacco, and snuff. Mr. President, if this tax increase is and other States across the Southeast. This represents a 179-percent increase passed, who is going to pay their bills, We do not need to enact this proposal from the current 24 cents per pack Fed- provide them with job opportunities, to provide additional health insurance eral tax on cigarettes; a 569-percent in- and pay their health care? Who? If this for children. That is already provided crease on chewing tobacco from 36 tax increase is passed, you will see a in the budget agreement before the cents to $2.41 per pound; and a 4,975- ripple effect that will be devastating to Senate. percent increase on snuff from 12 cents rural communities in Kentucky. Mr. President, I strongly urge the to $6.09 per pound. I am unaware of any Supporters of the Hatch-Kennedy Senate not to adopt this amendment. other product that has been subjected amendment have spoken often of the It is a huge tax increase. It is a tax in- to such outrageous tax increases. The health care needs of America’s chil- crease against low-income people. It is economic repercussions of these taxes dren. For Kentucky families, the a tax increase targeted at a region of are far-reaching in terms of the severe health of their children is not limited the country. It will have devastating economic disruption they will cause. to an insurance benefit. The health of effects on the economy of my State. I Excise taxes are regressive and dis- our communities and our families is di- strongly urge the Senate not to ap- criminatory. Regressive, because the rectly related to the health of our chil- prove this proposal. burden of paying them falls heaviest on dren. For Kentucky’s rural towns and To reiterate, Mr. President, I support low-income Americans. In 1987, the counties, tobacco is their lifeblood. this budget’s constructive advance- Congressional Budget Office [CBO] This amendment will dramatically ment of child health care, but I strong- called consumer excise taxes the most impact the ability of Kentucky farmers ly object to the proposed amendment’s regressive type of tax. CBO singles out to provide a living for their families. destructive impact on child welfare in tobacco excise taxes as the most re- The tremendous loss of income will af- my home State of Kentucky. gressive of all estimating that lower fect whole communities. Most tobacco This budget makes an up-front com- income persons pay 15 times more in farmers operate on borrowed money mitment to address the needs of child tobacco taxes as a percentage of in- from the local bank. Where farmers health because it is the right thing to come than upper income individuals. A have been in a position to diversify, do. But it does not place the welfare of 1993 study by the Council of State Gov- they have done so but they have bor- children at risk in order to score polit- ernments calls tobacco a worn-out tax rowed the money and use tobacco in- ical points against Joe Camel. I believe source. come to pay back the loans. Land val- that my colleagues believe that no The tax on these products will be ues will decline. Bankers are going to child should be discriminated against devastating to those Americans whose be less likely to make loans. Rural in order to benefit another. But the household income is less than $30,000. communities will be decimated. Hatch-Kennedy amendment takes this Thousands of American jobs will be Mr. President, the farmers in my course openly. This amendment makes affected with such increased taxes in State of Kentucky and across the coun- it acceptable to reduce a farm family the form of lost wages and reduced try are real people, people with feel- to abject poverty in order to provide a spending, for example, local banks, ings, and people who are hard working. limited health care benefit. This choice farm equipment dealers, seed and feed The income they generate does not go is not necessary. This budget supports stores, gas stations, grocery stores, and toward a lavish lifestyle. The money is the health care of children without de- clothing stores. used to put food on the table, pay the stroying the foundation of their family A 43-cent-per-pack increase in the mortgage, keep the car running, sup- and community. Federal excise tax increases the total port the church, educate their children, As I have mentioned on this floor be- Federal excise tax to 67 cents per pack and makes Santa Claus real at Christ- fore, leading tobacco States like Ken- and boosts the total Federal, State, mas. tucky, North Carolina, and Virginia and local excise tax to around $1 per For over 200 years, tobacco has are not the only States whose econo- pack. A 50-cent-per-pack increase for played an integral role in Kentucky’s mies benefit from tobacco. Tobacco is cigarettes would cause cigarette con- history and economy. More burley to- grown on over 124,000 farms in 22 States sumption to decline by about 11 per- bacco is grown in Kentucky than any- and in Puerto Rico. Tobacco provides cent. A decline of this magnitude where in the world. The average farmer jobs to countless Americans. The hun- would reduce total burley consumption grows less than three acres of tobacco, dreds of thousands of people involved in the United States by about 40 mil- and there is no other crop which pro- in the tobacco industry buy cars built lion pounds. Kentucky produced about vides the income tobacco does on such in Michigan, refrigerators built in 420 million pounds last year. Last year small acreage. The economics of this Iowa, computers from California, and the average price per pound was about intensively managed crop do not trans- insurance from New York companies. $1.90 per pound, this would result in a fer to planting soybeans, peanuts, or The smokeless tobacco industry in- loss of $76 million in farm income. corn. There have been attempts to re- cludes thousands of small farmers in The American Economics Group, Inc. place tobacco production with other States like Kentucky, Tennessee, Wis- [AEG] estimates that 78,280 Kentucky crops; however, almost none are eco- consin, Pennsylvania, and Virginia. In residents have jobs in sectors linked to nomically sustaining.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4793 In eastern Kentucky the impact will truck dealership, church, the farm proposed in the budget agreement. It be particularly devastating. These are equipment store, the seed and fertilizer does none of that whatever, and it is proud, and hardworking families with store, the local independent bank, and consistent with what is already in the few alternatives. Their farms are small all the other important elements in the budget agreement. It would help chil- and tobacco is their only form of in- community. dren that do not have health insurance. come. There is just no disputing the fact It is very complementary to the budget Tobacco is one of the most economi- that Kentucky burley brings in far resolution. cally productive crops for the type of more money than any other crop raised Let me say this. When I went to West soil we have in Kentucky, and re- in the State. Virginia 33 years ago, I went as some- searchers have yet been unable to find The average Kentucky tobacco farm- thing called a VISTA volunteer, sort of a viable alternative. er gets about $3,500 in revenue from an an untrained social worker trying to do Tobacco is a traditional crop for my acre of tobacco, but that same acre good in West Virginia. I worked in a home State, but Kentuckians do not generates nearly $37,500 in excise taxes small coal mining community, and my grow it simply to keep a tradition for Federal, State, and local govern- life at that point was involved entirely alive. Tobacco is a hard, labor inten- ments. with children who did not have any sive crop. Imagine the strength and Other sectors will be impacted by health insurance, or any education, for sweat it takes to cut and spear a pound this outrageous tax increase such as that matter, because the schoolbus plant in the heat and humidity of a convenience stores. The convenience would not come to pick them up. southern August day. Now imagine re- store industry is concerned that the Something that has stayed with me peating that effort until—pounds of to- large tax increase on tobacco products forever, since I was a VISTA volunteer, bacco are cut, hauled, and hung in the will invite substantial tax evasion, and which I have acted on in terms of barn for curing. Kentuckians grow to- concurrently, expand the underground moral angst and fervor since then, has bacco because no other crop provides market for tobacco products. They are been the condition of children, particu- the same level of economic return. also very concerned about the increase larly regarding health care. I have to Forcing farmers to leave tobacco for of security risks for convenience stores report that the children of the children an unsuitable crop is irresponsible and and other tobacco retailers. with whom I was a VISTA volunteer do will cause irreparable damage to thou- In many retail formats, including not have health insurance. In fact, 12 sands of Kentuckians. convenience stores the value of tobacco percent of our children in West Vir- We have too many big-picture econo- inventory will dramatically increase. ginia do not have any health insurance. mists and self-appointed experts who Cigarettes are already being locked up We talk about the most industri- say farmers can find something else to in grocery stores because of the shrink- alized nation in the world, and that is grow, few have ever been to a tobacco age and theft risk that they pose. true, but when you think of certain sit- uations on a case-by-case basis, how farm to even know what it looks like. In fact, the convenience store indus- can it be that, as a society that has our If they would go with me to Morgan, try has already seen many cases in resources and our capacity, that takes Owsley, or Wolfe Counties, where over which, because the amount of money in 10 million children, and says they can- three-fourths of their farm income the cash register is kept low, an armed not have health insurance even though comes from tobacco, it becomes very robber has opted to rob cigarettes. the majority of their parents are work- clear why I say there are not many al- With such increased excise taxes, a car- ing, it is not fair. America and democ- ternatives. Twenty-three counties, all ton of cigarettes will be the most ex- racy are based like the progressive in- in eastern Kentucky, rely on tobacco pensive item in any convenience store. come tax, on a concept of fairness. To for more than one-half of their farm in- This poses serious security concerns. take 10 million children, most of whom Mr. President, and colleagues, I do come. have a parent or parents working, play- Owsley County—88 percent of farm not use tobacco products. However, the ing by the rules, paying taxes, and say- income is from tobacco. proposed increased excise tax on to- ing you cannot have health insurance Wolfe County—80 percent of farm in- bacco products will impact me and because the person for whom your par- come is from tobacco. every nonsmoker across the country. ent works does not provide health in- Morgan County—75 percent of farm The excise taxes on tobacco products, surance and you, on your own, cannot income is from tobacco. as proposed will have a dramatic im- afford it, and therefore you—this par- If they could diversify they would. In pact: jobs will be lost, sales and income ticular child—are not going to have western Kentucky, where the land is tax revenues to the local, State, and health insurance, is fundamentally flat, they are growing tomatoes and Federal governments will be lost, un- morally repugnant. I think every Sen- peppers. In central Kentucky, they employment will increase, businesses ator, in fact, would agree with that. have beef and dairy cattle. But in east- will shut down, and family farmers will So here we have a marvelous oppor- ern Kentucky, the choices are coal, to- go bankrupt. The men and women who tunity to help them, and not only to bacco, or welfare. The options simply grow tobacco, who rely on the money help them in this amendment, but to are not there, no matter what the ex- from tobacco, cannot bear this unfair help them in the budget agreement. perts say. tax. Mr. President, if your heart does not Beyond the farm gate, tobacco farm- I do not believe it is fair or equitable persuade you to this position, your ing is immensely important to hun- to single out one industry or region to head ought to. That point has been dreds of small rural communities. finance such a proposal. made. That is, we are talking about Without the tobacco program the value Mr. President, I urge my colleagues preventive medicine for the budget in of farmland would fall dramatically, to oppose this amendment. the future, as well as preventive medi- local tax bases would be wiped out, and Mr. KENNEDY of Massachusetts. Mr. cine for children in our immediate the loss of income from leasing the to- President, I yield a minute off the bill time. How can we expect these children bacco quota or growing the crop would and 4 minutes from our time to the to excel at school; how can we expect reduce the standard of living dramati- Senator from West Virginia. them to perform at school and learn cally across my State. The PRESIDING OFFICER. The Sen- the skills they need if they do not have The real travesty of an excise tax in- ator from West Virginia. basic health insurance? crease would be the impact on family Mr. ROCKEFELLER. I thank the Between 1987 and 1995 the percentage farmers who have been helping to sta- Senator from Massachusetts. A couple of children with job-based insurance bilize and revitalize our rural commu- of quick points that ought to be made. actually declined from 67 to 50 percent. nities. In Bath County nearly 50 per- This amendment, the amendment of Every minute that goes by, another cent of all personal income comes from Senator KENNEDY and Senator HATCH, child loses his or her private insurance. tobacco sales. That means it keeps a reduces the budget deficit. I hope that This is the year that can make his- steady flow of money going into the point has been made. It does reduce it tory for Republicans and Democrats community. by $10 billion. That is specifically the alike. It can be the year remembered as If this tax goes through, how are to- amount. It does not change a single the one we prove that we can do some- bacco farmers going to pay the local spending cut or tax cut that has been thing, together, about a problem we all

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4794 CONGRESSIONAL RECORD — SENATE May 21, 1997 acknowledge, we all know doesn’t This is a $30 billion solution to a far passed the Senate with 86 votes. But make sense, and we all say needs a re- less expensive problem. The budget this is simply an unfunded mandate sponse. agreement already sets aside $16 billion coming around the backside disguised I want to congratulate the Hatch- over 5 years for children’s health insur- as something else. Kennedy amendment because it takes ance. That will extend coverage to 5 It is like all of these new programs the next step. Senators HATCH and million uninsured children. that come out of Washington. At first KENNEDY once again have paved the Further, there are 3 million children the Federal Government picks up a way for true bipartisan, common sense that are now covered under Medicaid major portion of it. However, when the action in an area where Americans are who, quite simply, have not yet been costs of the new program rise, the very clear. Children count. Even better signed up. There are estimates of 2 mil- States will be responsible for the ever- news is that this partnership of two lion more uninsured children, and, of growing difference between the Federal Senators reflects broadening support course, they can be covered for far less Government share and the program and momentum that now must build than $30 billion. Consequently, Mr. costs. into real results. The budget resolution President, this $30 billion tax package The entire proposal is just another before us includes $16 billion to expand is nothing more than an old-fashioned unfunded mandate, a new law thrust health care. Money that can fund the tax increase. upon the States, and one not paid for Medicaid-based bill that Senator We sit here and we hear it is a great in Washington. opportunity. However, Mr. President, This amendment places more than 30 CHAFEE and I have proposed to expand coverage for children, with the bipar- has there ever been a tax increase that new mandates on participating States. tisan support of many of our col- was not an opportunity to further Thirty new mandates. It requires all leagues. gouge the working people of this coun- State plans to be approved by the De- This amendment should pass. The try? Sure, it is always good politics to partment of Health and Human Serv- Hatch-Kennedy amendment takes the give a speech about tobacco, and the ices. This means more big Government, next step, with the money to make it cameras love it. But this vote is not more bureaucracy. If States fund abor- possible to get most or all uninsured about tobacco, Mr. President, it is tions through their Medicaid Program, children the health care they need. about a tax increase. It is not about for example, this will force them to pay I am in the leadership on the Demo- children, Mr. President, it is about an- for abortions for teenagers that come cratic side over here, and I am voting other tax increase on the American in under this new program. The States against virtually all amendments to people. cannot set up two different sets of ben- protect the integrity of the budget I remember sitting in the House efits. Like every other Federal program, agreement. But this amendment, as Chamber at President Clinton’s State of the Union Address in 1995. He said the costs will go through the roof, and Senator HATCH said, is a big daddy. It the taxpayers will be left holding the is a big, big daddy. We are discussing that ‘‘the era of big Government is over.’’ The President campaigned for a bag to pay the bill. health care, again, on the Senate floor, Why? So we can run back home and and we are discussing it for children, middle-class tax cut in 1992 and 1996. I recall that we insisted that Govern- tell people we stood up against to- which is the place where we ought to ment live within its means. I remember bacco. We will not go back and tell be beginning. that the people wanted less Govern- them that we levied a $30 billion new I have spent too many years in a ment, not more. That is what the elec- tax on them and drove some farmers State that I love, in a country that I tion was about. We told them we would from the land. We were strong. We love, as president of the National Com- balance the budget and cut taxes. stood up against tobacco. mission on Children, going around this Mr. President, nobody campaigned on But this is the type of unfunded man- country, going around my State, seeing a $30 billion tax increase, but we did date that we were supposed to stop children who do not have health insur- campaign to cut taxes. The President with S. 1 in 1995. But just 2 years after ance, seeing what happens to them, to did, too. This tax increase would re- we passed it, here we go around the not be extremely supportive of an op- duce the net tax cut to $55 billion. That back to pass another mandate on the portunity to pass an amendment and to is not the tax cut that we promised the States. And that is simply what this is. cure that problem. American people. We promised to do Mr. President, I also hear some Mr. DOMENICI. Mr. President, I better, and we can do better. The grumbling about the small tax cuts in want to yield to Senator FAIRCLOTH American people deserve better than a this budget package. I think the tax such time as he needs. I yield up to 10 watered down tax cut. We give with cuts are too small for working fami- minutes. one hand and we take with the other. lies, of course, but some of the grum- Parliamentary inquiry, how much This $30 billion tax increase is not bling comes from Senators who are time does each side have on the amend- the sole cost to the American people of concerned about the ‘‘distribution’’ of ment itself? this bill. No, Mr. President, the costs the tax cut. Mr. President, the ciga- The PRESIDING OFFICER. On the go farther. Tobacco is used in the cal- rette tax is the most regressive tax on amendment, the Senator from New culation of the Consumer Price Index. the Federal books. Mexico has 28 minutes and 52 seconds, Since the tax will increase the cost of Families making under $30,000 per and the Senator from Utah has 20 min- tobacco, the Consumer Price Index will year earn 16 percent of the national utes. rise, too. A portion of the Federal family income. They pay slightly over Mr. DOMENICI. We do intend on our budget is based upon the Consumer 1 percent of the Federal income taxes. side to use time off the bill in further Price Index. This will have an impact But they pay 47 percent of the tobacco debate so Senators should not be con- of $4 billion over 5 years. This is $1.4 excise tax. This bill increase taxes on cerned on our side about the 28 min- billion over 5 years in lost Federal tax families making less than $30,000. We utes. I will yield off the bill. revenue, lost revenue, and another $2.6 are going to increase their taxes by We should be debating back and billion over 5 years in increased ex- $230 a year. forth, and when it is our turn again, I penditures due to the CPI rise. If we were thinking about putting a ask unanimous consent that Senator This is a plan that attaches a $30 bil- tax increase on families making less JUDD GREGG be recognized to speak lion tax increase to an unfunded man- than $30,000 a year from any other next and he be given up to 15 minutes. date no less. It will force additional source than tobacco, the Senate would The PRESIDING OFFICER. Without costs upon the States. Not only will it rise up in righteous revolution. Yet, objection, it is so ordered. cost the States more money, it is going under the guise of getting the tobacco The Senator from North Carolina. to dry up one of their major sources of farmers, so many of them acquiesced. Mr. FAIRCLOTH. Mr. President, I revenue, tobacco tax revenues. This $30 These taxes are so regressive that rise to voice strong opposition to this billion tax increase will reduce sales, high- and low-income families pay al- amendment because it simply is an- and that drop will reduce the tax reve- most exactly the same amount of tax other tax on the American family. It is nues to the States by $6.5 billion. rather than the same rate of tax. a tax increase, Mr. President, nothing The first bill we passed in 1995 was This is the most regressive tax on the more. the Unfunded Mandate Reform Act. It books. I find it odd that some of the

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4795 biggest supporters are the same people children are truly our priority, we made to senior citizens by protecting preaching equity in the tax relief pack- must be more creative in finding ap- the solvency of the Medicare system. I age. If ever there was an inequitable propriate solutions. urge adoption of this important amend- tax, this is it, but I don’t hear their The amendment before us will do just ment. complaints. that. It will allow for an increase in Mr. GREGG addressed the Chair. Mr. President, we have a plan that the cigarette tax to fund a program The PRESIDING OFFICER (Mr. raises taxes by $30 billion, and changes that helps working parents purchase HUTCHINSON). The Senator from New the Consumer Price Index to result in health insurance for their children or Hampshire. $1.4 billion in lost Federal revenues, offset the cost of premiums, copay- Mr. GREGG. How much time re- and $2.6 billion in increased Federal ments or deductible for employer pro- mains? spending. It reduces State tax revenues vided health insurance. It does not cre- The PRESIDING OFFICER. The Sen- by $6.5 billion, and it wipes out 30,000 ate a new Federal entitlement pro- ator from Utah has 20 minutes; the jobs, which means hardship and pain gram—it relies on the private insur- Senator from New Mexico has 17 min- for families across the South. ance market as opposed to a Govern- utes. So, in an attempt to insure 2 million ment run plan. In many ways it is very Mr. GREGG. I yield myself such time children, we are looking at a $40 billion similar to the structure of the Medi- as I may consume off the underlying package. care Program which we all know is one bill. I support efforts to bring coverage to of the most successful public/private The PRESIDING OFFICER. The Sen- these children, but this is not the right programs currently administered by ator from New Hampshire is recog- approach, and the taxpayers deserve a the Federal Government. nized. seat at the table here. This amendment will not hinder the Mr. GREGG. Mr. President, I rise in I ran for the Senate and promised the enactment of a balanced budget plan. opposition to the proposal that has people of my State that I would not It does not add one dime to the deficit, been brought forward by the Senator vote for any tax increase under any cir- as it is entirely funded through the cig- from Utah and the Senator from Mas- cumstances at any time for anything. I arette tax. It is fiscally responsible and sachusetts. I oppose it on a variety of intend to live by my commitment and does not violate any part of the bipar- different levels, and let me talk about to oppose this massive tax increase and tisan balanced budget agreement. them. assault on North Carolina farm fami- Some are arguing that we do not First off, let us go back to where we lies with all the strength within me. need to enact this act as the agreement stand here. We have before us a budget Mr. President, I yield the floor. will provide an additional coverage for agreement, a bipartisan budget agree- Mrs. MURRAY addressed the Chair. 5 million children. While this is an im- ment that was worked out in negotia- Mr. LAUTENBERG. Mr. President, I portant first step, who wants to tell tions, extensive negotiations, between 1 yield 5 minutes to the Senator from those other 5 ⁄2 million children that the White House, the Republican lead- Washington off the resolution. they will lose in this agreement? These ership of the House and Senate, and the The PRESIDING OFFICER. The Sen- are real children who are in our class- Democratic leadership of the House ator from Washington is recognized for rooms, in our homes, in our streets, and Senate, at least relative to the 5 minutes. and in our communities. Budget Committee, and that agree- Mrs. MURRAY. Thank you, Mr. Today, we have the chance to provide ment included in it language to address President. real security for working families and the issue of uncovered children who are Mr. President, I rise today in strong to make a positive step forward for all of a low income. Let us define the size children in our country. I believe we support of the pending amendment. I of this issue for a second because there have a moral obligation as adults to am pleased to join with the Senators has been a lot of misrepresentation on address the growing health care crisis from Utah and Massachusetts in sup- this so far on this floor. facing these 101⁄2 million children, chil- porting this bipartisan effort to launch There are about 9.8 million kids who dren who have no direct access to qual- one of the most important health ini- it is believed do not have insurance, or ity comprehensive health care, chil- tiatives since the creation of Medicare about 13.8 percent of the child popu- dren whose only exposure to health in 1965. lation of the country. Of that group, 3.7 care is the emergency room. In town At the start of the 105th Congress million are qualified to be covered by hall meetings and community meet- both the Democratic and Republican Medicaid. In other words, under the ings across my State, the people I rep- leadership included comprehensive law that we presently have, they really resent have told me that children and children’s health insurance legislation do have insurance; they just have not their future must be our priority. on their agendas for action. I ap- Mr. President, I think it is important been brought in under Medicaid. So we plauded this decision and believe that for us to realize that, if enacted, this do not need a new law to cover those the amendment before us today moves proposal would actually have a more kids. And of that number, that 9.8, we us closer to enacting universal chil- positive impact on the deficit than will have reduced it now by 3.7 and you are dren’s health care legislation. ever be scored by CBO. A sick child down to 6.1. Of that 6.1 that is left, Mr. President, as a member of the cannot succeed in the classroom and about 2.9 million are over 200 percent of Budget Committee I have been actively becomes an unhealthy adult with few poverty—over 200 percent of poverty— involved in the negotiations and dif- economic opportunities. As we learned which means that the family has an in- ficult decision, that resulted in this bi- a long time ago from the WIC Program, come of some ability and for some rea- partisan balanced budget agreement a little prevention goes a long way. son they are not using that income to which will control spending, encourage Providing affordable comprehensive cover those children. economic development and balance the health insurance coverage for millions So the number of kids that are under budget in 2002. And I have been an ada- of children will pay huge dividends in 200 percent of poverty who are uncov- mant proponent of Medicaid and the the future. It does little good to help ered by Medicaid is really 3.2 million. need to maintain the health safety net communities develop the classroom of So that is the population we are talk- for millions of children, pregnant the 21st century when children are suf- ing about. women, the disabled, and senior citi- fering from diseases and illnesses of the Now, in this bill, the bipartisan zens. Because of my role in the devel- 19th century. agreement that was reached, approxi- opment of this agreement I recognize I hope all of my colleagues will sup- mately $16 billion was set aside to the fact that there is little room in the port this amendment so that we can cover children of low income who are current confines of the budget to sig- move one step closer to ensuring that not covered. That is a very significant nificantly expand Medicaid or other no child goes without necessary med- commitment and certainly more than health discretionary programs to serve ical treatment and that every parent enough money to pick up 2.9 million the 101⁄2 million children who today who works hard can provide health se- children—to pick up the 3.2 million lack any health care coverage. We can- curity for their children. children who are uncovered today and not simply turn our backs on these Today, let us make the same com- to also make sure that in the Medicaid children and their working parents. If mitment to our children that we have accounts we can pick up those children

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4796 CONGRESSIONAL RECORD — SENATE May 21, 1997 who are covered today under Medicaid who are the authors of this agreement Federal entitlement in the classic but have not been brought in under in order to find the underlying lan- sense of an entitlement on the States; Medicaid. guage which defines the program. That as I mentioned, it is an entitlement So this bill as it is proposed, as it bill is not included but it is obviously that forces the private employer to was brought forward, the bipartisan assumed, and if you go back to section take action, and that is a mandate, an agreement as it was brought forward 2802 of that bill, this sets up the new unfunded mandate. already had in it a very substantial entitlement. In the bill in this section Of course, the first action which this commitment to children who do not a State must—it does not say ‘‘may.’’ Congress took when the Republicans have health insurance who are in low- ‘‘May’’ is a discretionary word. ‘‘Shall’’ took control of it was to say that we income families. is not a discretionary word. were not going to create unfunded What else would you expect? Essen- It says, ‘‘The States shall guarantee mandates anymore. At least, if we tially, one of the great insults of this issuance of Medicaid level benefits to were, we were going to require a super- amendment, one of the great insults of all eligible children.’’ And not only do majority. So this bill should be subject this amendment is it is saying that the they say ‘‘shall,’’ they cover that to a supermajority if it ever came up President of the United States, who ‘‘shall’’ with all sorts of restrictions; 39 for a vote. But whether it is or not, it reached this agreement on this budget, times in this bill the States are told undermines the intent, which was to does not care about children, does not what to do. They shall do this, they stop putting mandates on the States care about uninsured children. Essen- shall do that, they shall do this. Every that are unfunded. tially, that is what one of the under- time it says that, every time it says Now, why is this unfunded? Because, lying tones of this amendment is. Or I that in the bill, it is a mandate, and of course, there is this dollar figure suspect some of the authors of this every time it says it in the bill it is a that is attached to this. It is an addi- amendment feel this way anyway, that major cost. Section 2803 is where the tional $20 billion which is paid for by the Republicans do not care about un- shalls begin. the cigarette tax—which is not the covered children, which I would argue Now, not only are the folks who issue I am addressing, the cigarette is totally inaccurate and inappropriate drafted this bill not satisfied with cre- tax. It is unfunded because of the way but maybe from a partisan standpoint ating a mandate on the States—and I it is structured. It guarantees that the is a point made. will get into the unfunded aspect in a cost of this health care package will It is ironic that one of the elements second—not only are they unsatisfied exceed the amount of money that is in of this proposal is a representation with creating a mandate on the States, the proposal—guarantees it. All we that the bipartisan budget package, they decided let’s create a new man- need to do is look at history. All we which has in it $16 billion specifically date. Let’s do it the old-fashioned way. need to do is look at the CBO esti- directed at children who are not pres- Let’s not only mandate what the mations of what would happen if you ently receiving health care insurance States have to do. Let’s mandate the applied Medicaid coverage to a full and who are in low-income families, is private sector at the same time. group, to this targeted population. We This bill includes a private-sector not enough, that the President did not know that the practical effect of that mandate that says essentially, depend- know what he was doing; that he does will be to exceed $20 billion by who ing on how a State defines its Medicaid not care; therefore, we have to have knows how much, but it will be a heck eligibility rules, every private em- this brand new layer placed on top of ployer in the State must supply health of a lot. the package. So what you have created is an un- care benefits at the same level as Med- It really is a position which is hard funded mandate. You have created a icaid to children. to defend just on its face. But on the Wow. This is a big-time, old-fash- cap that says, all right, States, the face of its indefensibility let us go into ioned Government proposal. This is Federal Government will require you the substance of it because the sub- right out of the old 1960’s school of to pay this money. We know it is not stance of this proposal is totally inde- Lyndon Johnson, how you make Gov- enough money, but we are going to re- fensible. ernment gigantic and how you make quire you to pay it. Then when we go There has been a representation Government not work, I would point over the amount of money that we are made that this is a discretionary pro- out, because one of the things we found going to put into the package, well, gram. If this is a discretionary pro- out is that when we create one of these you have to pay it yourself. You have gram, my golf game is the same as massive new entitlements that absorbs to pay the difference. Unfunded man- Tiger Woods’. They are about as close- a whole area of activity under Federal date. And some will say, well, that can- ly related. The fact is that this is not control—and this entitlement does ex- not be. a discretionary program or anywhere actly that, basically giving unbeliev- Why would that be any different? If near in the ballpark of discretionary able authority to HHS, eliminating that is the case, doesn’t the present programs. This is a mandatory un- waivers for Medicaid, grandfathering budget agreement understate the funded mandate on the States. It is a the HHS regulatory structure. When amount of money that is necessary to mandatory program on the Federal you do that, what happens is that you cover these children? Well, the dif- Government. It is a program which is create major Federal programs which ference here is in the insidiousness of grossly underestimated in its cost be- fail. this agreement, of this proposal in its cause of the impact it will have on the Why do they fail? Because all the ability to draw people into a Federal marketplace in taking kids who are al- knowledge does not happen to come program. Because the way this pro- ready in the private-sector insurance out of Washington. And what is hap- posal is drafted, it absolutely guaran- realm and moving them onto the pub- pening in the States today is that you tees for all intents and purposes that lic-sector realm. are seeing a tremendous amount of cre- people will be moving out of private- It is a classic big Government solu- ative initiative to try to cover these sector coverage and into the public- tion to a problem which ironically the kids who need to be covered. sector coverage, that a lot of children bipartisan budget agreement has ad- There is no argument about coverage who are today being covered by their dressed not only with dollars but with here. The bipartisan budget agreement employers, by their parents’ employers initiatives to try to give the States the states there will be coverage. The argu- are going to end up moving over to be creativity to take this issue on and ment is about whether or not you are covered by the Government. which the States are today actually going to do it with a massive new fed- Why is that? Because it is requiring a taking on and resolving. And I will get erally dominated, directed, controlled one-size-fits-all health care package be into that in a second. and managed program or whether you applied to all children, all children who But let us go back to this complete are going to do it by allowing the fall in this income category, but, even red herring, that this is some sort of States the flexibility of initiating pro- more importantly, under the way this discretionary program. Now, the pro- grams and addressing the issue of the bill is drafted and interpreted, applying posal as it comes to us is in vague concerns of these kids. that same package could be required terms so we have to go back to the bill This bill creates a brandnew, major upon all employers within a State. So that was introduced by the Senators Federal entitlement. It is not only a you are going to have a dramatic, what

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4797 is known as woodwork effect, where Healthy Kids Program, will have al- meant to help kids who do not have people move from the private sector most no impact on their quality of coverage—will, in my opinion, have the coverage into the public sector cov- health care. practical effect of not only not accom- erage. It is just going to be over- So, what our bipartisan budget pro- plishing its goal, because it is certainly whelming. posal puts forward—not ours, the one not discretionary—and I do not think What employer in their right mind is put forward by the President and the it is going to help any more kids than going to say, ‘‘OK, I am going to con- leadership of the Senate and the would be helped under the bipartisan tinue covering this parent’s children,’’ House—is to allow these types of ini- budget agreement structure as is pro- when the employer is already paying a tiatives to proceed; not with as much posed—but it would create a massive huge tax burden and the Government is flexibility as I like, and I may offer an new entitlement, a massive new un- being told that they must cover this amendment to give these States more funded mandate, a massive new feder- child if this child is not covered by the flexibility, but with a heck of a lot ally directed regulatory structure, and employer. Very few will be so altru- more flexibility than is proposed by would essentially emasculate the pri- istic. For all intents and purposes, this straitjacket of mandated unfunded vate sector’s efforts to respond to this what we are doing is federalizing the mandates in this bill that is the under- area, and private insurance as it pres- health care system—nationalizing the lying essence of this proposal. ently covers these children. health care system, not federalizing; So, why not let the States try to do I can’t think of any program which this is no Federal program, this is a na- it? Why not say to the States: All would be more counterproductive and, tional program—nationalizing the right, there is a population out there put in the context of the history of health care system for all children, for that is not covered. See what sort of other nationalization efforts, will be all intents and purposes, who fall into programs you can come up with to less successful than that. I mean, es- this category, the majority of whom, cover them and meet these limited cri- sentially we have been down this road. today—the majority of whom, today, teria, criteria that they have to be cov- We have been down this road and we are covered by private-sector insur- ered under a certain health care struc- found this type of approach to solving ance. So, the open-ended cost of this ture. It is working, working in 33 national problems does not work. Hav- program is absolutely staggering— States, but it will not work after this ing the Federal Government come in staggering. And the concept that the bill is passed. and take things over does not work. costs will be controlled to $20 billion is Let me read part of a letter I re- This budget agreement attempts to ad- absurd on its face, equal in absurdity ceived from the deputy commissioner dress this issue constructively. It only to the claim that this is some sort of health and human services in New funds, at the level of $16 billion, chil- of discretionary program. Hampshire, who is a professional. She dren who do not have health insurance How does our bipartisan budget is not a political appointee. She is a coverage, yet it leaves some modicum agreement, which the President has professional. She was looking at this of flexibility with the States to address signed on to and which tries to address question of how we address these kids the issue. So, I find this proposal to be these children’s concerns, approach who are in need, and thinking of the not only not compelling, but to be ex- this issue? Essentially, what it does is Healthy Kids programs that we have in traordinarily counterproductive to its acknowledge the fact that in the New Hampshire and evaluating the var- underlying goal, which is to obtain fis- States there are some things going on ious programs. Here is what she stated cal responsibility and to cover children that are working. Take my State of was the core of the need, in the way who do not have health insurance. New Hampshire, for example. There are the Congress should approach this I yield the floor. 33 States, I believe, that are pursuing issue. She says: The PRESIDING OFFICER. The Sen- this type of approach. Recognizing we Consideration must be given to balancing ator from New Jersey. have a targeted uncovered population the financial incentives provided in the Mr. LAUTENBERG. Mr. President, I that needs to be covered, we have set States to implement health care expansion up this program called Healthy Kids. while retaining sufficient flexibility for in- yield 10 minutes to the Senator from This is a partnership between the pri- novation. There are multiple [multiple, a Massachusetts. vate-sector insurers and the State. In word which appears to have escaped the con- Mr. KENNEDY. Mr. President, I see fact, at the present time it is hardly cept of this bill] multiple strategies to ex- Senator MIKULSKI and Senator REED, tend health care coverage to the uninsured, who have been very patient and want costing the State anything because it including preventive, catastrophic coverage has gotten the private-sector insurers to address the Senate on this issue. But options. Please recognize the efforts that are I see my friend and colleague and prin- to come in and cover these children. currently underway in many States across In the targeted area where they are this Nation and their value in promoting our cipal sponsor, Senator HATCH, on the doing the demonstration program, 50 common goal, extending health care to those floor. I would like to take maybe 2 percent of the kids who would fall into that currently have none. minutes in response to the Senator the uninsured categories which this Basically, what she is saying is what from New Hampshire, but I will be glad bill alleges it is trying to cover are I suspect every administrator of health to yield to the Senator from Utah. being covered at essentially no addi- care at every State agency of health Mr. HATCH. Mr. President, I thank tional cost to the taxpayer—50 percent. and human services would say if you my colleague from Massachusetts, and It is a darned successful program. It asked them. It is their goal to cover also the vice chairman of the Budget would not be able to continue under the kids who are not covered. What the Committee. this bill. All 33 States that have initi- bipartisan budget agreement does is I was very interested listening to the ated creative programs to address chil- fund that ability. What the proposal Senator from New Hampshire, his jour- dren’s health insurance would have before us does is deny that ability, rel- ney from 10.5 million unfunded chil- their programs wiped out because we in ative to flexibility at the State level, dren, down to the 3.2 million he says Washington have decided to take over and to take out of the hands of the are truly uninsured. First off, the Sen- the issue, to nationalize the issue with States the ability to manage this issue ator says that 3.7 million are Medicaid this proposal put forward by our col- in any way, shape or manner, and to eligible. leagues. So, a program which is insur- nationalize the health care delivery The PRESIDING OFFICER. Is the ing 50 percent of these kids at no cost of—essentially all children who fall Senator from Utah speaking on his to the taxpayers will be replaced by a within this income category, but po- time? program that will draw a whole new tentially even a dramatically larger Mr. HATCH. I am speaking on Sen- group of kids out of the private sector group of people, if the bill is applied to ator KENNEDY’s time. into the public sector to be covered and private employers, as I happen to be- The PRESIDING OFFICER. The Sen- will, in the process, drive up costs dra- lieve it will end up being under its ator from Utah is recognized. matically and increase the taxpayers’ present language. Mr. HATCH. First of all he says he’s costs dramatically, and, I would point So, this bill—which is brought for- down to 3.2 million that he says they out, for that 50 percent of the kids who ward to us as some sort of proposal are truly uninsured. First off, the Sen- presently have coverage under the that is a discretionary program just ator says the 3.7 million are Medicaid

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4798 CONGRESSIONAL RECORD — SENATE May 21, 1997 eligible. That’s what he said. But here disabled are cared for in the hospitals. healthy adults. The fact is that the $16 is what the CBO said: 10.5 million unin- Reducing these funds, as I have men- billion in the budget resolution is not sured kids, 3 million Medicaid—let me tioned, will likely hurt children if addi- enough. When Senator KENNEDY and I just read it right out of there. Here is tional funding is not put back into the originally introduced the CHILD bill, what the CBO says: Medicaid Program to care for these we set a spending limit of $20 billion According to widely quoted estimates, children. for services and $10 billion for deficit about 10.5 million children through the age Without the additional funding in the reduction. We hoped to target up to 5 of 18, or 14 percent, are uninsured. At least 3 Medicaid Program, States will be million families not on Medicaid—I million of them are thought to be eligible for forced, or may be forced, to cut back said not on Medicaid—and that is im- Medicaid. on services to children, and I estimate portant. That is the CBO. That is what we that to be $7 billion to $10 billion. It We are also cosponsors of the Chafee- rely upon around here. So my friend may be more. Rockefeller-Jeffords CHIPS bill, which from New Hampshire is using numbers The Budget Committee made a good is estimated to cost at least $15 billion, somewhat different from the CBO. I start by allotting $3.2 billion a year perhaps even more. This Medicaid bill still do not understand how anyone can over the next 5 years to the Finance is targeted to help 5 million kids, al- seriously believe that $16 billion is ade- Committee to cover children’s health, though there are already about 3 mil- quate to take care of 10.5 million unin- to cover those eligible for Medicaid and lion of Medicaid-eligible children who sured kids. I will go into that for just to strengthen Medicaid. Let’s be real- are not enrolled. So we see these two a minute, but let me just say this. istic what the $3.2 billion a year can bills as compatible—the CHIPS bill im- First of all, the amendment we filed and cannot do. proves basic Medicaid, and our bill is not a bill, it is strictly numbers. A I think it is important my colleagues would be added on top of that. bill will have to be formed from it. The understand the Congressional Budget There is, obviously, a close connec- question is whether we should fund be- Office is coming in with very conserv- tion between the two. That is why, in yond the $16 billion provided for in this ative estimates on the number of chil- our amendment, we decided to divide bill—which I praise, but which is to- dren who will be served under various the money equally between each of the tally inadequate to do what many of us congressional proposals. For example, two committees, Labor and Finance, to in this body would like to do, including CBO estimated the Medicaid 12-month, work out an integrated approach. So to many on this side. Over time, I think continuous eligibility proposal will make wild comments that this bill is that will be the case. cost $14 billion if implemented by going to mandate this, mandate that, Let me just make this case. By the every State. That alone is almost all of take away the powers of the States, way, talking about mandates, that is the money in the budget resolution. when the original Hatch-Kennedy bill not part of our amendment. It was not CBO has also told us they estimate the does not do that, is irrelevant to this part of our bill either. I might add, it cost for a child-only insurance policy debate, because if we adopt the Hatch- is pretty tough to call a block grant to to be somewhere between $1,000 and Kennedy amendment, we will have enough money to make a real dent in the States with the States setting eli- $1,200 a year. If true, the average $3.2 these problems. gibility standards a great big bunch of billion a year in the budget would only new Federal bureaucratic Lyndon The fact is that $16 billion is a good cover about 3 million kids, far short of start, but let’s not kid ourselves, it is Johnson type things. We fought very the 5 million targeted in the resolution not enough, especially combined with hard to get to a block grant status. and still 5 million short of those who I remember the same type of argu- the Medicaid cuts in the resolution, need to be taken care of. and that is why our amendment should ments I went through on child care a Or, if you look at it another way, the number of years ago, until it passed be adopted. Federal share of Medicaid costs for a I understand that the Senator from unanimously on the floor here. The child is about $860 on average this year. New Hampshire and others are opposed reason it did is because it was right According to the Employee Benefit Re- to my CHILD bill. Most of his rea- and it did what was right. And our search Institute, there are 4.7 million soning is wrong, though, but we will goals here are right. And they do what uninsured children whose parents make debate that at a more appropriate time is right. And it is time for people to less than 125 percent of the Federal when we actually get to fleshing out a wake up and pay attention and do poverty level. That is $19,500 for a fam- CHILD bill. something about these problems. ily of four. We, who make $134,000, con- This is not a vote on the CHILD bill. Let me just talk about the Medicaid tinually complain about how hard it is Our amendment intends that the cuts in the budget. It makes sense that to maintain two homes here and there money be used for the same purposes as the $16 billion children’s health initia- and pay for all the things we pay for. those outlined in the bipartisan budget tive in the budget will be put back into Can you imagine what a family making agreement. That is, for one or both of the lowest income children. I commend less than $20,000 can do? the following: Medicaid, including out- the Budget Committee for that, par- By simple calculation, to cover those reach activities providing continuous ticularly those eligible for Medicaid, kids under Medicaid would cost $4.2 bil- 12-month eligibility, restoring eligi- since the budget agreement cuts $14 lion, about $1 billion more a year than bility for disabled children losing SSI billion out of Medicaid. is included in the budget resolution, under the welfare bill, and, this is also Much of the $14 billion is expected to and that is just some of the kids. This part of the budget resolution, a manda- come from cuts to the disproportionate still would leave the vast majority of tory capped State grant program to fi- share of hospital payments, or DISH, children of working parents above the nance health insurance for uninsured which are funds to States to reimburse 125 percent of poverty level uncovered. children. That grant program will be those hospitals which serve a dis- While $16 billion is a substantial designed by the Labor and Finance proportionate share of Medicaid and start, and I commend my colleagues, as Committees. We hope it will be like the other low-income patients. I have just shown, it is just not enough CHILD bill, but it may not be. But we So the loss to children, where they to do the whole job. are going to work to try and make it have taken from DISH to get $16 bil- Some will point out our original bill what we said we would do. lion, is somewhere between $7 billion to called for $20 billion in spending. They Under our amendment, $18 billion in $10 billion. So it is not a full $16 billion. will ask, why is more than an addi- program funding will go to the Labor We are robbing Peter to pay Paul. That tional $4 billion needed? Are you say- Committee. Will the Senator yield me may be justified. I still commend the ing that this is a $36 billion problem, 1 more minute? Budget Committee for trying to do and, if that is so, why didn’t you ask Mr. KENNEDY. I want to yield to something here, but it certainly does for that originally? two other Senators and make a brief not cover the problems that some are These are fair questions. Let me an- comment myself. I do not know where saying it covers. swer them. we are on time. I want to take 1 These cuts are taking away money The short answer to this concern is minute to respond to the Senator from that the States currently have to en- that we need these resources to help New Hampshire and then yield to my sure that children, the elderly and the the next generation of Americans to be colleagues.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4799 Mr. HATCH. May I have 1 more the insurance policy be available to I yield to the Senator from Rhode Is- minute to finish my remarks? nonsubsidized children at the price ne- land. I see that he wants to speak Mr. LAUTENBERG. I yield 5 minutes gotiated by the State for the subsidy about this issue. more to the Senator from Massachu- program. The PRESIDING OFFICER. The Sen- setts. To be fair, some may object to this ator from Massachusetts has 2 minutes Mr. KENNEDY. I yield another 2 provision, but it is in no way an enti- remaining. minutes, and I will take the last 3 min- tlement. Again, the State chooses Mr. LAUTENBERG. I will yield 5 utes and yield to my colleagues. whether or not to participate, as does minutes to the Senator from Rhode Is- Mr. HATCH. Mr. President, under our any individual insurer. land. amendment, $18 billion in program Finally, the point has been made Mr. DOMENICI. Mr. President, it is funding will go to the Labor Com- that the bill would increase Federal our turn. mittee and $2 billion to the Finance mandatory spending by $20 billion over Mr. LAUTENBERG. I stand cor- Committee to be added to the $16 bil- the next 5 years. That is true. This pro- rected. lion already in the budget resolution. vision was inserted to made certain Mr. DOMENICI. Senator HAGEL has That means that each committee will that the revenues generated by the been waiting for a while. get $18 billion to work on complemen- companion legislation (S. 526) which Mr. LAUTENBERG. No problem. The tary programs to help the poor and the increases the tobacco excise tax would understanding is Senator DOMENICI has near poor. We will have to work out be used to fund the CHILD bill and not the time next. Mr. DOMENICI. Can I inquire, how the legislative language. I hope it will for some other program. If there is a much time is left on the amendment? be like the CHILD bill that we have better way to write that language to The PRESIDING OFFICER. The Sen- worked so long and hard to make a pos- make clear it is not an entitlement, I ator from Utah has 20 minutes remain- sibility. But what we are voting on am open to suggestions. ing; the Senator from New Mexico has today, if and when we do, is the right I find it curious that many of my col- 17 minutes remaining. to have enough funding moneys to take leagues have been arguing against the Mr. DOMENICI. How much time care of these kids who are the poorest fact that my bill calls for mandatory would the Senator like? of the poor families not on Medicaid spending, calling the mandatory nature Mr. HAGEL. Five minutes. who cannot do it otherwise. of that spending the equivalent of an Mr. DOMENICI. I yield up to 10 min- Of all the criticisms of our bill, I am entitlement. utes to the Senator from Nebraska, and perhaps most dismayed by the charge Yet, the budget resolution we debate I want to take that off the resolution, that this bill creates an entitlement. In today includes funding for a mandatory Mr. President. sharp contrast to last year’s Kennedy- capped grant program to States. The PRESIDING OFFICER. The Sen- Kerry bill which was an entitlement, I If ‘‘mandatory’’ equals ‘‘entitle- ator from Nebraska is recognized for 10 succeeded in persuading my cosponsor ment’’—which I believe it does not— minutes. , one of the most liberal then the bipartisan budget agreement Mr. HAGEL. Mr. President, I rise Members of the Senate, to agree to the establishes a new entitlement. today to voice my strong support for following provision: But we all know that is not the case. Senate Concurrent Resolution 27. I Mr. KENNEDY. Mr. President, I yield NONENTITLEMENT.—Nothing in this title want to begin by applauding the dedi- shall be construed as providing an individual myself 3 minutes. cation of the Budget chairman and all with an entitlement to assistance under this The Senator from New Hampshire is those who have worked so diligently title. my friend and my colleague. However, over the last few months to craft a Don’t words mean anything any- as is sometimes seen around here, budget that makes some sense and for more? someone misstates what is in the bill bringing this balanced budget to the Moreover, not only does this bill and then differs with it. That is what floor. make clear it is not an individual enti- has happened here. I want to speak in more global terms tlement program, participation is When I was listening to the Senator about this budget issue. I have not clearly voluntary on the part of the from New Hampshire describe the bill, been around here very long. It seems to States. In fact, even if an individual is I did not recognize it, because this is me that if we continue this ‘‘what if’’ eligible under the State’s own eligi- not an entitlement. No individual will theory and ‘‘one more amendment’’ bility criteria, section 2822(d) of the ever be able to receive any kind of ben- theory to budgeting, we will never get bill ensures that there is not a require- efit on the basis of an entitlement. there. ment for any subsidy to the individual Participation is voluntary for the The fact is, at least in this humble should there be insufficient program States and it is authorized for just 5 freshman Senator’s opinion, that the funds available. This can be contrasted years. It is completely funded, and it real challenge to this country over the with programs such as Medicare or provides the kind of flexibility to the next few years, well into the next cen- Medicaid, which guarantee we will pay States that will allow them to build on tury, is like this: It is the for the services of every eligible bene- what thy are currently doing. prioritization of our resources. If we ficiary. In fact, the bill states specifi- Let us not lose sight of what the are going to do that, then we are going cally that. issue is before the Senate this after- to have to have some framework that Some have interpreted the language noon: Will we support the Hatch-Ken- makes some sense, that disciplines this that states: nedy bill that will provide the re- Congress, disciplines this body. We Shall ensure that children’s policies are sources to ensure the sons and daugh- have been an undisciplined Congress available to all eligible children in the State ters of working families in this coun- for 30 years, and what Chairman and that each eligible child has the oppor- try? That is the issue. You can talk DOMENICI and the President and the tunity to enroll for coverage under such poli- about other kinds of issues all you leadership on the Democratic and Re- cies. want, but every American understands publican sides in the House and the as an entitlement. this one. When you come right down to Senate, and all those who have been It is true that a State that chooses to it, this is the issue. part of this process have brought to participate by negotiating a contract We are providing the opportunity. We this floor is something that makes with one or more insurers must make are saying, ‘‘Let us stand up for the sense. sure that children in the State can get children of working families and pay This is a historic budget. We have that policy. What good is health insur- for it with a tobacco tax, which is basi- not been able to craft this kind of a ance availability if those who need it cally a user fee.’’ That is the way to budget for more than 30 years. We don’t have at least the opportunity to address this issue, by building upon the should not forget this point as we de- get it? However, there is no require- agreement that has been spelled out bate this budget. ment that the State subsidize that pol- here. Covering the Medicaid children Is this a perfect budget? No. I think icy in any way unless the State choos- will make a difference, but let’s build it is a good budget. Over the years, Mr. es to do so by the eligibility criteria it on that and cover the children of work- President, like many of my colleagues sets. And there is no requirement that ing families. and most Americans, I was running my

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4800 CONGRESSIONAL RECORD — SENATE May 21, 1997 own business and paying taxes. Like care for the children of the working slight decline in their number of cus- most Americans, I was doubting wheth- families of this country. And despite tomers—which some would consider a er this Congress had the will and the the budget agreement’s impressive sound business decision. And I do not discipline to ever balance the budget. commitment of resources to Medicaid, think there can be anyone on the floor Now we have an opportunity to do particularly for children’s health care, of this body claiming an increase in the what many thought would never hap- it is not sufficient to cover all the chil- price of cigarettes by the companies as pen, and that is to pass a balanced dren in this country. The Senator from an unfortunate tax on low-income budget. Utah was very eloquent and accurate Americans. In effect, this tax is not What also makes this budget signifi- in describing the vast gap that is still only sound policy for funding this par- cant is it cuts taxes. I, like many of my left despite the resources being made ticular program, but also would not colleagues, know how difficult it was available to Medicaid. lead to the horrendous consequences to craft such a budget. I also know, And why is it important that we pro- which are being conjured up on this like in my campaign last year and the vide health care for all of our children? floor. campaigns of others, that people said Because every day we learn from med- you can’t cut taxes, you can’t cut ical science the critical—the critical— One of the opponents said that it is a spending and balance the budget. Well, role of good health care in the develop- regressive tax, because the richest we can. That is what this is about. ment of children. Prenatal care, early smoker in America would pay the same Mr. President, there is a reason that infant care from zero to 3, and contin- as the poorest smoker in America. I more Americans believe in Santa Claus uous health care for children are crit- can guarantee you, the richest smoker than believe we can actually balance ical factors in providing for the intel- in America has a health insurance pol- the budget. We are at a crossroads in lectual and social development of chil- icy. I cannot make that same guar- governance. We are at a crossroads in dren. antee for the children of this country. leadership. If we allow the further ero- If children do not have that health I urge my colleagues to support this sion of confidence of the American pub- care, if we do not allow these young amendment. It is sound public health lic in this body, this Congress, trust people access to high quality health policy. It recognizes that we must and confidence to do the right thing, to care, we are incurring a huge cost to make an investment in our children for balance the budget, then it may be society and a huge limitation on their our own productivity as a Nation and some time in getting it back. potential and their ability to con- for their own ability to seize all the op- I don’t doubt the sincerity of my col- tribute to society. portunities of this country. The leagues, Senators HATCH, KENNEDY, and Just last week, we celebrated the amendment also is sound fiscal policy others. I applaud what they are doing. passage of the IDEA, the Individuals because the cigarette tax pays for the But if we continue to proceed with with Disabilities Education Act. Part program and reduces the deficit. I do amendment after amendment after of it was a further commitment of sig- not think we can ask for more in this amendment, I don’t know what we nificant Federal resources for special budget. would do at the end of the day. These education. I wonder how much we are issues that should be debated in the could save in that account if we had a I yield back the balance of my time. appropriate forums. If we are not care- fully funded comprehensive health care Mr. MCCAIN. Mr. President, I share ful, we will undo a very delicate bal- program for all the children in this the deep concern of my colleagues for ance in coming to this budget agree- country. I think it would be signifi- the approximately 10 million children ment. cant. in our country who are currently lack- I will support this budget, but I will There is something else that is also ing health insurance coverage. It is dis- not support any of the amendments very clear, and it is why this bill is so tressing that such a large number of that are being offered. This budget is compelling in its logic. It is very clear our children lack access to primary too important to our Nation and the that smoking is the No. 1 public health and preventative care. I find it even future of our children to place it at threat to this country. more disconcerting that recent reports risk with various amendments, regard- One out of five deaths in this society indicate that about 3 million of these less of how well-intentioned. are attributed to smoking. And, sadly, children are Medicaid eligible, but are I urge my colleagues to defeat the 3,000 teenagers a day are turning to not enrolled in this program. amendments offered today and to sup- that habit. This legislation, the pro- port this balanced budget that so many posed amendment, recognizes the need However, after spending a consider- people have worked so hard to craft for good health care for all of our chil- able amount of time reviewing the pro- and make work. This does include tax dren, and the way to fund that health posal by my colleagues, Senators relief, spending cuts, and balancing the care is through an increase in the tax HATCH and KENNEDY, I sincerely believe budget, putting this country on a re- on cigarettes. that it is not the best solution. sponsible fiscal plane over the next few It is sound fiscal policy. It represents There are several fundamental rea- years. Until we bring some stability to a pay-as-you-go strategy. Also, it rep- sons why I can not support this pro- our financial responsibilities and our resents a further deficit reduction be- posal. First, I can not support a meas- fiscal responsibilities starting right cause part of these funds will be ap- ure which would impose new unfunded here, then we will pay consequences for plied to reducing the deficit. In effect, mandates on the States and will place that. it is consistent with the very, very core unfair burdens and excessive costs on I urge my colleagues to support Sen- of what we are about here today—pro- our State governments. Second, I can ate Concurrent Resolution 27. viding access to good health care, not endorse a proposal which is cre- I yield the remainder of my time. sound policies for public health, and ating another highly bureaucratic fed- Thank you, Mr. President. being fiscally responsible by reducing The PRESIDING OFFICER. Who eral entitlement program. the deficit. Also while I do have some concerns seeks time? And there is something else worth Mr. LAUTENBERG. Mr. President, I about provisions contained in the bal- pointing out today. Many of the oppo- yield 5 minutes to the Senator from anced budget agreement and I am con- nents of this legislation will point to Rhode Island. tinuing to review this plan, I believe the dire consequences of increasing the The PRESIDING OFFICER. The Sen- that if enacted, many portions are tax on cigarettes to the tobacco indus- ator from Rhode Island is recognized. worthwhile and will be beneficial to try and certain regions of the country. Mr. REED. Thank you, Mr. Presi- the American people, particular in pro- But let me share with you what the dent. viding tax relief and imposing spending I want to thank the Senator from cigarette companies themselves are contemplating. controls. However, I believe the Hatch- New Jersey for yielding me time. Kennedy proposal would jeopardize I want to commend Senator KENNEDY Weeks ago, when there was discus- some of the most valuable parts of this and Senator HATCH for their leadership sion of a possible settlement for some on this critical issue. I rise in support of the liability claims, most financial piece. of their amendment. analysts conceded that the companies The Republican leadership has Let us be very clear. What we are would routinely raise the price of ciga- worked hard to ensure that this agree- talking about today is providing health rettes by 50 cents a pack, causing a ment contains an appropriate amount

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4801 of tax relief for America’s working care for our Nation’s uninsured chil- ority. The Medicaid Program has a families. The Kennedy-Hatch proposal dren. I look forward to working with proven track record in providing cost shatters this agreement by lowering my colleagues in developing an afford- effective care and it has served as a the net tax cut in the budget agree- able and equitable solution to this vital safety net for millions of working ment from $85 billion to $55 billion over problem. However, I simply can not families. Because of past bipartisan the next 5 years. support this extremely expensive plan, legislation that delinked the Medicaid This proposal also fails to recognize which unravels the tax cut agreement Program from the welfare program, the that the budget agreement provides $16 between the administration and Con- vast majority of children on Medicaid billion for expanding health care insur- gress, and creates another highly bu- have at least one working parent. In ance for low-income insured children. reaucratic Federal entitlement pro- other words, these are children in fami- These additional funds will allow us to gram. lies who are struggling to avoid wel- provide grants to the States to finance Mr. CHAFEE. Mr. President, I intend fare, play by the rule, pay taxes—but health care services to approximately 5 to vote for the Hatch-Kennedy amend- they are the ones who don’t get health million children who currently lack ment. It is paid for by a 43-cent-per- insurance for their children through coverage. Thus, about 5 million of the pack increase in the Federal excise tax their jobs and cannot afford it on in- approximately 10 million children who on cigarettes. We must do everything comes where ends barely meet. are currently lacking coverage will we can to discourage smoking and to So I look forward to working with now have access to health care under advance good health policy. In my Senator CHAFEE, Senator JEFFORDS, the bipartisan balanced budget pro- view, this does both. Senator BREAUX, and the majority of posal. However, in doing so, I want to be my colleagues on the Finance Com- Now, my colleagues may argue this very clear about my order of priorities mittee who have already signed on to still leaves approximately 5 million in terms of addressing the children’s our bill, to expand coverage for mil- children without coverage. However, health crisis in this country. If the lions of children in the most cost-effec- we must remember that about 3 mil- Hatch-Kennedy amendment fails, and tive, targeted way possible through the lion of these children already qualify we do not get any additional spending Medicaid Program. for Medicaid services but are not en- for children’s health initiatives above Mr. JEFFORDS. Mr. President, the rolled in this program. Therefore, I be- and beyond the $16.8 billion already in- children of America need our help. lieve that we should first focus our ef- cluded in this budget resolution, I in- Nearly 10 million children have no forts toward a bipartisan solution for tend to place all of my energies behind health insurance. Many of these chil- developing innovative outreach pro- strengthening the very cornerstone of dren live in families with working par- grams to reach these 3 million children our Federal efforts to provide health ents who simply do not make enough and their families, educate them about insurance to poor children—the Med- money to afford health insurance. the Medicaid program, and get these icaid Program. In order to help address this national children access to health care. This is My first priority will be to work in problem, I have cosponsored both the an achievable goal for the near-term the Finance Committee to enact the Hatch-Kennedy CHILD Act and the which we all agree should and can be Chafee-Rockefeller-Jeffords-Breaux bill Children’s Health Insurance Provides achieved in the near future. which provide incentives—not man- Security [CHIPS] Act. The CHILD Act I have written the General Account- dates—to encourage States to expand would establish a State health insur- ing Office and requested that they con- their Medicaid programs to cover all ance grant program and the CHIPS Act duct a thorough analysis of the 3 mil- children aged 18 and under, up to 150 encourages States to provide uniform lion Medicaid eligible children who are percent of poverty. Through this vol- Medicaid coverage up to 150 percent of not enrolled in this program. This untary Medicaid expansion, which now poverty for children of all ages. The analysis should provide Congress with has the support of a majority of the combination of these two bills provides a thorough profile of who these kids members of the Senate Finance Com- an integrated approach to ensuring are, where they are located geographi- mittee, we can strengthen the system that our Nation’s uninsured children cally and what their family environ- already in place across the country to have health care coverage and does so ment is like. This detailed study will reach up to 5 million more children. in a way that is completely consistent enable Congress with the necessary This is the most cost-effective way to with the policy language in the budget tools to develop the appropriate com- proceed, does not create any new enti- agreement. munity outreach strategies and na- tlement programs, and is a known I have serious concerns, however, tional education programs which will quantity in every State. that $16 billion is an insufficient address this problem and assist in get- What am I saying here? Let us amount to meet the health insurance ting these children enrolled in the pro- strengthen the foundation before we needs of the 10 million uninsured chil- gram and finally having access to very build the building. In an environment dren. I, therefore, will support raising important health care services. of scarce resources, we must first work an additional $20 billion through a cig- Providing access to health care for to reach the very neediest children arette tax. I believe using an increased uninsured children has been a priority through the Medicaid Program before cigarette tax as the revenue source is for me since coming to the Senate. In we create other programs with poten- especially appropriate since it will fact, I offered legislation in the 103d tially overlapping objectives. I would have the added health benefit of help- Congress which attempted to address have a very different view if we had un- ing to deter children from starting to this problem and provide access to limited resources, but we do not. smoke in the first place. health care for many of our Nation’s I would now like to recognize Sen- If the Hatch-Kennedy amendment uninsured children. This issue still re- ators ROCKEFELLER and JEFFORDS to does not pass, I will continue to work mains a high priority for me in the get an indication of their priorities. with my colleagues to develop a multi- 105th Congress. Currently, I am devel- Mr. ROCKEFELLER. Mr. President, faceted approach that has as its first oping legislation which will con- as a cosponsor of the Hatch-Kennedy priority the strengthening of the exist- centrate on developing new innovative, bill, I am extremely hopeful that this ing Medicaid Program. strategic outreach programs to educate amendment will pass. If this amend- Mr. ROTH. Mr. President, of the 71 qualifying families about the current ment passes it will enable us to come million children in our country some 86 Medicaid program. In addition, it will very close to achieving universal cov- percent have health coverage provided incorporate creative solutions for cre- erage for all of America’s children. by private insurance or Medicaid. This ating an environment which provides However, like Senator CHAFEE, if the is an impressive statistic. But it masks low and moderate income families with Hatch-Kennedy amendment fails, then a problem. There are some 3.2 million access to health care for their children. we simply must target our efforts in children in families whose incomes are I sincerely believe that we must con- the Finance Committee at strength- too high to qualify for Medicaid and tinue to work together to develop a bi- ening the Medicaid Program to achieve too low to afford private insurance. partisan solution to this problem and health care coverage for the children This is a problem that ought to be find a way to provide access to health who should be our most urgent pri- fixed. No child should be without

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4802 CONGRESSIONAL RECORD — SENATE May 21, 1997 health care because his family can’t af- cess of the recent Health Insurance disagree, which we think is wasteful, ford to purchase coverage. Portability and Accountability Act. It money that we think ought to be re- The basic task we face in fixing this is an effort that is long overdue. The turned to the people of the United problem is to provide health insurance Hatch-Kennedy bill should serve as the States. Nevertheless, we support the to these currently uninsured children model for the plan crafted during the budget resolution and those spending without jeopardizing the private insur- remaining budget process and I will programs because this resolution also ance system that provides care to the support Senator HATCH and Senator provides tax relief for the American rest of our children. The Finance Com- KENNEDY in their efforts. people and does overall reduce the rate mittee has the responsibility of decid- Mr. HATCH addressed the Chair. of growth in Government spending. ing how to do this. As chairman of that The PRESIDING OFFICER. The Sen- As a consequence, Mr. President, this committee I intend to report legisla- ator from Utah. is not a Republican budget resolution tion that will address this problem. Mr. HATCH. Mr. President, how here today. This is a resolution the The issue before us is how much much time remains on both sides on outlines of which were agreed to by the money to dedicate to this activity. The the amendment itself? Republican leadership in both Houses, budget agreement allocates some $16 The PRESIDING OFFICER. At the by the Democratic leadership in this billion to solve this problem. President present time, there are 20 minutes re- body and the President of the United Clinton supports this amount. The maining in regard to the Senator from States. We have before us an amend- House of Representatives supports this Utah; and the Senator from New Mex- ment, however, that totally and com- amount. I believe this is the right place ico has 17 minutes. pletely breaches that set of agree- to start. Mr. HATCH. Mr. President, I know ments. It adds $30 billion in taxes on This budget agreement before us is a there are some others who would like the backs of the American people. It delicate compromise of many com- to speak on our side. But I really think adds $20 billion in spending programs peting interests. I think it would be everybody knows what is involved on to the backs of the American peo- unwise for us to jeopardize this agree- here. I am prepared to yield back the ple, in spite of the fact that the resolu- ment by asking for more. balance of my time if the other side is tion itself includes $16 billion for Mr. KOHL. Mr. President, I support and go to a vote, let this thing be re- health care for young people in our so- the Hatch-Kennedy Child Health Insur- solved at this particular juncture any ciety. ance bill, but I reluctantly must oppose way Senators decide to do it. I have a copy of the amendment, Mr. their budget amendment. Mr. KENNEDY addressed the Chair. President. Nothing in the amendment I am pleased that the President has The PRESIDING OFFICER. The Sen- talks about tobacco taxes or child secured over $16 billion to address the ator from Massachusetts. health care. It simply is three pages of serious problem of children who lack Mr. KENNEDY. Mr. President, both increased spending and increased taxes health insurance coverage in this Na- Senator MIKULSKI and Senator —nothing more and nothing less. tion. I believe that the funding allotted WELLSTONE are on the floor and want It is a total breach of the agreement under the budget resolution for child to address this issue. But I want to join made by the Democratic leadership, a health can and should be applied for in the observation of the Senator from total breach of the agreement made by the Hatch-Kennedy child health bill. Utah that I would hope that after they the President of the United States. And Mr. President, as a member of the had a chance to speak on this that we bluntly, Mr. President, those of us on Senate centrist budget group, I realize might move ahead. this side of the aisle, who felt con- how difficult it can be to work across This is an important issue. We want strained to agree to this budget agree- party lines to craft a budget plan. I was the Senate to be able to express itself. ment because it was bipartisan, expect pleased to be a member of the Chafee- We would like to move ahead if we the support for the resolution in its Breaux centrist group that crafted a have that opportunity. But we will not original form without increased taxes fair and balanced budget plan. The do that, I guess, at this time. and without increased spending to be budget plan that the centrists put to- Mr. HATCH. I am prepared to yield supported as eloquently and as strong- gether again this year is very similar back. ly on the other side of the aisle as it is to the bipartisan budget resolution we Mr. DOMENICI. I do not think we are on this side of the aisle. are considering today. I support this going to do it at this point. The PRESIDING OFFICER. Who budget resolution and am concerned It is our turn for a speaker. We get a seeks time? that the Hatch-Kennedy amendment chance to speak on our side now. That Ms. MIKULSKI addressed the Chair. would put the entire budget plan in is correct, is it not, I say to Senator The PRESIDING OFFICER. Who doubt. LAUTENBERG? yields time? Although I will vote against this How much time would the Senator Ms. MIKULSKI. I believe the Senator amendment, I believe we must enact like? from New Jersey was prepared to yield legislation this Congress that expands I yield 5 minutes off the resolution to me 5 minutes. health insurance coverage for children. the Senator from Washington. The PRESIDING OFFICER. If there The Hatch-Kennedy Child Health In- The PRESIDING OFFICER. The Sen- is no objection. surance and Lower Deficit Act is at the ator from Washington is recognized. Mr. DOMENICI. We have no objec- forefront of the proposals that Con- Mr. GORTON. Mr. President, yester- tion. gress should pursue. day afternoon, less than 24 hours ago, The PRESIDING OFFICER. The Sen- The growing problem of children who in introducing this resolution, the dis- ator is recognized for 5 minutes. lack health coverage is extremely trou- tinguished minority manager of the Ms. MIKULSKI. Thank you very bling. A recent study drawn from U.S. bill, the Senator from New Jersey, had much, Mr. President. Census Bureau data show that during behind him a long and detailed chart I wish to rise to express my strong 1995–96, there were 23 million children from which he read all of the initia- support for the Kennedy-Hatch amend- who did not have health insurance for tives of his party, all of the spending ment on children’s health. I cannot all or part of the period. Surprisingly, programs of his party, that were a part think of any more important issue that 9 out 10 of these children lived in of this budget resolution and were the faces our country. The health of our households where one or both parents justification for Members of his party children must be a national priority. worked. Although Wisconsin has the who favored those spending programs This amendment will make sure that second best rate of insurance for our to vote for and to support this resolu- that happens. It will expand health in- children, 23 percent, or over 330,000 kids tion. surance to cover America’s uninsured were uninsured for at least 1 month Mr. President, some of those pro- children. Our country has failed to over the 2-year period. This situation is posals were also Republican proposals meet the health care needs of these unacceptable. with which a number of us on this side children. And we all know the statis- Helping families obtain health insur- of the aisle agree. Many of them how- tics. More than 10 million children do ance coverage for their children is the ever were not. Many of them represent not have health insurance; that is one next logical step to build on the suc- Government spending with which we out of every seven children.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4803 In my own home State of Maryland, I yield back such time as I might not ‘‘Yes, they did. They got 80 percent of I am deeply concerned about what the have consumed. what they are looking for.’’ I will say I situation is. One in five children is un- The PRESIDING OFFICER. Who lost because I do not think we should insured. Almost 200,000 children in yields time? have a new mandate. Maryland alone lack health insurance. Mr. DOMENICI. How much time does This is mandatory. It is mandatory Most of the uninsured children are the Senator want? under the Hatch-Kennedy bill, too. I from families with parents who get up Mr. NICKLES. Eight minutes. heard people say it is not. I will be and work every day. These are families Mr. DOMENICI. I yield 10 minutes to happy to read the language, and I know who are doing the right thing to be the Senator from Oklahoma. we are not adopting the Hatch-Ken- able to support their family and yet Mr. NICKLES. Mr. President, first, nedy bill, but we are debating it. We al- they also want to be able to ensure let me compliment my colleague from ready have $16 billion, and now we are that their children have health care, New Mexico for his leadership in put- coming along with an amendment that where parents are working 40 hours a ting this budget together. And I will says put another $20 billion on top, week, often at what I call the varicose- make a speech a little later about the adding to it so now we will have $36 bil- vein jobs. They get up, they stand on entire budget package. But I have a lion for this program. No one in their their feet, they are the checkout strong feeling, if this amendment wildest dream would have said we woman at a grocery store, clerk, or should pass, we are not going to have a should have $36 billion to try to solve they are some man out there working budget package. Maybe I will not have this problem, which I will be happy to as a part-time landscaper assistant, to give that speech. debate. sweating, breaking his back, and in I was going to compliment my col- Do we want to make sure that kids very difficult circumstances, to put leagues from New Mexico and from have insurance? Make sure they have food on the table, a roof over their New Jersey and the majority leader of access to health care? You bet. I have heads. But they live in fear every time the Senate and the minority leader of four kids. I want to make sure my kids one of their children has the sniffles, the Senate, because they worked for have health care. I want to make sure that those sniffles could lead to pneu- hours, for weeks, they worked for a your kids have health care. Is the solu- monia and they do not have health long time with the administration to tion a Federal mandate? I want to care. put together a budget package. make sure kids have plenty to eat. Are I have had grown men who were vet- I will tell you I do not think every- we going to mandate a Federal pro- erans, who were so upset that they had thing in this budget package is perfect, gram for that? I want to make sure health care and their children did not. but I am absolutely certain if we pass kids have a warm home. Are we going They support veterans’ health care, an amendment that increases taxes $30 to mandate everything? Government is and so do I. But those very same dads billion and increases spending $20 bil- big enough to give you everything you would say, ‘‘Let me be a dad. And let lion over what is already in this pack- want. It is big enough to take every- me be able to support my own chil- age, we do not have a deal. We just thing you have. We are approaching dren.’’ killed the budget. There will not be a that. I am reminded of a case in southern budget agreement. I believe that very A young child born today is already Maryland where the dad is a self-em- strongly. I will be involved with sev- inheriting a debt of about $20,000. If we ployed carpenter. His youngest child eral people trying to make sure that do not change the way we are doing our has a heart disease. He is making we do not do it. business now, a young person born $40,000 a year. But in order to get This deal is not very good from many today will spend 84 percent of their health insurance, it will cost $9,000 a people’s perspective because it does not lifetime earnings paying taxes and pay- year. That is almost one-fourth of their cut taxes very much. A net tax cut of ing for entitlements, working for Gov- family income. The wife stays at home $85 billion when we have total taxes in ernment—84 percent, if we do not start to care for this child, to be the backup, that period of time of over $9 trillion is living within our means and start bal- to make sure that that health condi- not much. I argue it is better than ancing the budget. tion does not deteriorate into a perma- nothing, but $85 billion of almost $10 So, first thing right out of the hop- nent cardiac disability. Should they go trillion is not much. You reduce that per—we have a budget bill that pur- without health insurance? Should the to $55 billion, and I will say it is not portedly is to balance the budget with- mom go back to work? They should not worth it. in a few years; it has some fiscal dis- have these melancholy choices to I am a little bit bothered by my col- cipline—the first thing we do, we had make. leagues when I hear there is bipartisan an amendment yesterday to increase That is why we support health insur- agreement. Yesterday, we had an spending another $15 billion and in- ance for our children, and not only for amendment on the floor to increase crease taxes $15 billion. Almost all the the children who are acutely ill but we spending and taxes by $15 billion, Democrats voted for it despite the so- want to have health insurance for chil- again, breaking the budget deal. We called bipartisan budget, and now we dren so they can be immunized by the had eight Democrats vote for that or have an amendment that says increase time they are two, have early detection vote to sustain the budget package. Ev- taxes $30 billion, increase taxes $20 bil- and screening as they get ready to go erybody else said, ‘‘No we want another lion, and I understand we are only into kindergarten or elementary school $15 billion more in spending and $15 bil- going to get maybe a few Democrats to make sure they are learning ready, lion in more taxes.’’ who will vote against that amendment. that they know whether they need eye- Now it looks like almost all the Just break the deal. What deal? glasses or they need hearing aids or Democrats are going to jump on and I absolutely tell you, Mr. President, whether they have undetected juvenile say we want more money for this pro- if this amendment passes, there are diabetes, all these kinds of things. gram. Senator HATCH and Senator KEN- going to be other amendments that I can think of no more important NEDY put together a good program. We say, ‘‘Hey, if taxes are on the table, health investment than to have a do not care that the Budget Committee maybe this $85 billion is not sac- healthy start for children. And I want and the negotiators put in $16 billion; rosanct. I do not think that is enough.’’ to bring to the attention of my col- we are going to double it. We want $20 Last Congress we had $245 billion leagues, at the fantastic, bipartisan billion on top of it. It does not matter that we passed and we balanced the President’s summit on voluntarism, what you already did; we want more. It budget. I thought that was a lot better one of the goals established by Colin is like whatever that program is, hey, tax package. We had real things in Powell, one of the five goals to get our we are for more. The original bill that there for American families and it kids ready for the future is to make Senator HATCH and Senator KENNEDY helped the economy. I would like it to sure they have a healthy start. had only had $20 billion. The com- be bigger than $85 billion. I will not be I say to my colleagues, this amend- mittee put in $16 billion. I do not know satisfied with $55 billion. My guess is ment would be a very important step in why they did not high five each other there will not be a majority in this being able to do that. and say, ‘‘Hey, we won,’’ and I would body satisfied with $55 billion, so if I thank the Senate for its attention. probably be on the sideline saying, people want to kill this budget package

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4804 CONGRESSIONAL RECORD — SENATE May 21, 1997 in the name of saying, ‘‘Hey, no matter children between 100 percent of poverty Mr. WYDEN. Mr. President, I think what you did, Budget Committee, in and 200 percent of poverty, 3.5 million, it is clear what some of the opponents putting $16 billion in, we will double it most have insurance within 4 months, of the Kennedy-Hatch legislation are because we are for kids and against to- so you are only talking a couple mil- trying to offer the Senate. They are bacco.’’ I do not care that much about lion. You can do that for a couple bil- saying that the Kennedy-Hatch bill, a tobacco. Somebody wants a different lion a year. We have more than that in health insurance program for vulner- tax, a different time, do it on the Fi- the $16 billion. Yet, no, we are coming able kids that pays for itself, is a bad nance Committee when we have the up now with $36 billion. No, I do not idea. I submit that even Joe Camel reconciliation bill before us, and they think so. I do not think that is a solu- would have a tough time selling that can say, ‘‘I do not like this, raise the tion. It may be good politics. proposition. The fact of the matter is tobacco tax.’’ They can have that Looking a little bit at the substance, this is a program that pays for itself, amendment. It can be in order, and we do not have the legislative language that is fiscally disciplined. then you are playing with real bullets, of the Hatch-Kennedy bill, but the In my State, close to 100,000 kids then you are talking about something Hatch-Kennedy bill, if someone reads without health insurance are going to that is real. it, one, they will find out it is a man- be in a position to get help as a result All this is, this budget resolution, if date. It mandates the Federal Govern- of this tobacco tax. I think it is impor- one turns to the budget resolution, all ment shall give money to the States. tant that the record be set clear on that says is we want to spend $2 billion That is not optional. It is a mandate. this. more in the Finance Committee, $18 Then looking at the subsidy, the sub- Now, this morning, Mr. President, billion more in the Labor Committee, sidy for the group of nearly poor, not the New York Times carried an article and we want to raise taxes $30 billion. the Medicaid poor, the subsidy for this that said that the States are going to group is much more generous from the That is all it says, and it directly vio- lose revenue as a result of the Ken- Federal Government standpoint than it lates the so-called budget deal. nedy-Hatch legislation and that this is for Medicaid. Now, if we revamp and So we will find out before too long, should be opposed on the grounds that improve this program, we have Med- are we for a budget package? Do we the States need this revenue. The fact want to balance the budget? Or do we icaid—Medicaid is a Federal-State pro- gram. It is supposed to be 50–50 cost of the matter is that attorneys general want to play games, and say, ‘‘I do not shared, but in some cases the Federal across this country are rushing to file care, I am more for kids than you, so I Government is up to 70 percent or lawsuits on behalf of their States in want to increase it.’’ more. Under the Hatch-Kennedy bill, order to recoup some of the costs to How much is needed? We have heard State coffers for health care costs. the statistics. There are 10 million kids the Federal contribution is only 40 per- cent of whatever the State was putting That is the reality. The fact of the uninsured. How long are they unin- matter is States are losing vast sums sured? A study was done that found in. If the State put in 50 percent, the State’s share would be 25 percent. In right now as a result of our current that the majority of kids had insurance many States the Federal share would policies. within 4 months. Well, we just elimi- be 90 percent. You have a lot of States Without the Hatch-Kennedy legisla- nated half of the problem. Most of the right now that are only paying like 22 tion, I am of the view we are going to kids have insurance within 4 months. percent of Medicaid costs. The Federal have children grow up sicker, they will People change jobs, people move, peo- Government is picking up 75 percent. be sicker adults, they are going to die ple have different reasons, but for Under the Hatch-Kennedy bill in a lot sooner, and health costs in America are whatever reason, a lot of those kids of States the Federal Government going to increase. This is an important will have insurance within a short pe- would be paying 90 percent. So we will piece of bipartisan legislation. riod of time. Of that 9.8 million group, have greater subsidies for the income Mr. President, I close by paying a about a third, over 3 million, already eligibility between 100 percent and 200 special compliment to my colleague are eligible for insurance, they just and 300 percent, a greater share of Fed- from Oregon, Senator SMITH. He has have not signed up. Does that mean eral for the lowest income. That abso- been subjected to very intense criti- they will not get health care? No, my lutely makes no sense, absolutely cism at home by the tobacco lobby. I guess is, if they have an accident, they makes no sense whatever. know a bit about what it is like to be might go to Children’s Hospital or Then to say you can do this in the Fi- attacked by them. They sued me per- something, they will be covered, and nance Committee, and then we will sonally when I was a Member of the they already have and so come up and double the program in the House subcommittee that investigated on, but for whatever reason, there is a Labor Committee absolutely makes no their practices. program and now we come up with a sense. It is like, wait, we do not work I want to make sure that people bigger program, but they are already together so we will have the Finance know that Senator SMITH has hung in eligible. Committee solve this problem and then there on behalf of better health care What about the group above 200 per- we will come over here and have the for America’s youngsters. cent of poverty? For that group, a fam- Labor Committee solve this problem This proposal is right. It is fiscally ily of four that makes over $32,000 a and give both committees enough responsible. It is compatible with a year, they make enough money to pro- money to solve it. That makes no balanced budget approach. vide kid care, health care for their sense. I hope my colleagues will reject the children, they are just not doing it. We Mr. President, I hope we will have arguments that have been advanced will make them do it? We will come up colleagues on both sides who will be against this legislation. with big subsidies? What about the 3 fiscally responsible and say let’s work As I said earlier, I think even Joe million people that maybe are between to balance the budget and work for Camel might have some difficulty sell- the 100 percent of poverty and 200 per- America’s kids. We are not solving ing the argument that a fully funded cent of poverty? About 3.5 million kids America’s children’s problems by sad- proposal that will help our kids is a fall in that category. Half of them will dling them with another great big, bad idea. have insurance within 4 months. But open-ended, expensive entitlement pro- Mr. President, I yield the floor. you still have maybe 2 million children gram that can only explode in the fu- Mr. DOMENICI. Mr. President, I that are chronically uninsured. Mr. ture, wreck the budget deal, and to- yield 5 minutes to Senator CRAIG. President, $16 billion is more than ade- tally destroy the budget package. I do The PRESIDING OFFICER. The Sen- quate to cover that chronically unin- not think that is good for kids. I think ator from Idaho is recognized for 5 min- sured child, more than adequate. it is a disaster for children. I think if utes. Yet we are saying $16 billion is not this amendment should pass, we will Mr. CRAIG. Mr. President, I thank enough, make it $36 billion. We will not have a budget deal and the real los- my chairman for yielding. match you and double it, so now we ers will be America’s children. Mr. President, I join what I hope is a have $36 billion. If you look at the cost Mr. LAUTENBERG. Mr. President, I majority of the Senators on this floor of kid care, in many cases it is $600, yield 5 minutes to the Senator from Or- in opposing Hatch-Kennedy. I am not $700, $800, up to $1,000. A population of egon. going to argue the merits of it one way

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4805 or the other. I don’t think that is the probably doesn’t produce the kind of tax makes good public-policy sense to issue this morning. The issue is that a health care that our citizens would me. But I want to say the fierce ur- budget deal gets broken—a budget deal want or that our citizens would expect gency of now is that this is compelling, that has been woven together in a bi- of their way of life or their system of and, if it is so compelling that our chil- partisan format that gives both sides government. dren should have the coverage, and, if some recognized need and that pro- I yield the floor. it is so compelling that all the children duces a budget that is good for the Several Senators addressed the in our country should have good health American people. Chair. care coverage, it seems to me then that All of us are concerned about child The PRESIDING OFFICER. The Sen- it doesn’t make a lot of sense to ap- health care, or there wouldn’t be $16 ator from New Jersey. plaud and celebrate a budget agree- billion in this budget agreement for Mr. LAUTENBERG. Mr. President, I ment that only covers half those chil- children without health care. Therein yield 4 minutes to the Senator from dren. lies the issue. Minnesota. This bipartisan effort of Senator I think it is important to note that, The PRESIDING OFFICER. The Sen- HATCH and Senator KENNEDY is so im- while my colleague from Oregon just ator from Minnesota is recognized for 4 portant. This speaks to the goodness of talked about an analysis that said minutes. our country. There is nothing that we Mr. WELLSTONE. Mr. President, I States would lose money, it is very could do that would be more important thank the Senator from New Jersey. likely they would lose money, and that than to support this amendment. Mr. President, in 4 minutes it is dif- I hope my colleagues will do so. is, in fact, one of the analyses. It could ficult to really make a major argument cost them up to $6.5 billion over 5 I yield the floor. on the floor of the Senate. Let me just The PRESIDING OFFICER. Who years. try to pick up on a couple of comments Again, it is against the very direc- yields time? that I heard made in the last 15 min- Mr. BUMPERS addressed the Chair. tion that we want to head in; that is, utes of the debate. The PRESIDING OFFICER. The Sen- empowering the States to take care of One of my colleagues has argued that ator from New Jersey. their own needs instead of handing we have to think about the future and Mr. LAUTENBERG. Mr. President, I them a new Federal mandate and a new we have to think about reducing the yield 4 minutes to the Senator from program from the top down, telling debt to our children in the future. I Arkansas. them what to do and how to do it. We think all of us agree with that. The PRESIDING OFFICER. The Sen- do that, in essence, by stealing away Then another colleague talked about ator from Arkansas is recognized for 4 from them the very revenue base that the budget agreement—the budget minutes. they have been using for these pur- agreement that ‘‘is a deal, is a deal, is Mr. BUMPERS. Mr. President, first poses. a deal.’’ The debate seems a little bit of all, I want to compliment my good This would directly hurt the health too abstract for me as a Senator from friends and colleagues, Senators HATCH and educational programs in 16 States Minnesota. and KENNEDY, for producing what I that earmarked part of their tobacco I would like to ask colleagues to con- think is a very good solution to an in- tax for this purpose. front the fierce urgency of now. The creasing, growing problem. I confess This doesn’t include the cost of the fierce urgency of now for too many that I intended to offer legislation mandate included in the amendment children in our country is as follows: A similar to this in the early part of the that will be added on. According to the child with poor vision, with no health year, but I like this better than the whip’s office, there are 30 State man- care coverage and not able to get any idea for my own bill. dates in the proposal. assistance cannot see the blackboard We can debate and make all kinds of Therein is a substantial basis for the and, in all likelihood, will not be able sophisticated arguments about why objection. to do well in school and have a chance. this is wrong and the impact on the This Congress has in a bipartisan The fierce urgency of now is that a budget and so on. I remind my col- manner expressed its desire and con- child who is suffering from asthma and leagues that Churchill once cern about the health needs of the un- spending too much time in the emer- said that you can tell more about a na- insured young people of this country. gency room—I have met children like tion by the way they treat their elder- That is what the debate ought to be this in Minnesota—though we have ly and the conditions of their prisons about. done a good job of covering many chil- than any other two things. He should My guess is that this Congress will dren with our own separate health care have added children to that. work its will as the courts will work plan, a child who suffers from asthma I went to the dedication of a new $51 their will when it comes to the ques- with extreme attacks, unable to be million Federal prison in my State this tion of tobacco, when it comes to the able to see a physician, winding up in past Monday. All I could think about question of: Should it be limited, and the emergency room too often, misses was the $16 million annual cost of that in what form ought it be limited? But too much time from school, and he or which would, indeed, produce a lot of let us not break a budget deal. For this she will not have the same chance to jobs. But I also thought about how is exactly what will happen with this do well as all of our children. early intervention would have saved issue. In the fierce urgency of now, I think every one of those youngsters in that So I hope that we will resolve it in that we ought to look at, as opposed to prison. Our priorities are so skewed. If staying with our agreement. We think all of these abstractions, a child who we had that $51 million, or if we had it is a good one and that this one sim- has an abscessed tooth coming to that $16 million a year we spend on ply disrupts what is an extremely valu- school because her family can’t afford every inmate, if we had it spent on able part of the total program. dental care. I have met children like children at the ages of zero to 3, or zero If we are moving toward empowering this. That child who is in so much pain to 50, whatever age you take, you can the States and the individuals to care and discomfort cannot do well in send people to Harvard for what we pay for their own and their citizens, then school. She doesn’t have the same to keep people in prison. It is because Hatch-Kennedy goes directly against chance as our children. of our neglect. If you ask the ordinary that thrust and prescribes again an- This budget agreement has been citizen on the street, ‘‘What do you other very large, federally controlled, much lauded, and Senators have think is most important for your chil- mandated program that is cross-grain worked hard on it. But the fact of the dren?’’ the first thing is education and or cross-directional to what we have matter is, using a conservative esti- the second thing is their health care. been attempting to do all along. mate, we are only covering half the Anybody who doesn’t understand that So when you look at all of the as- children who are without health care in this body is out of touch with Amer- pects that are incorporated in this leg- coverage. ica. islation, it is not precedent setting. It This amendment is the right thing to I remember as a poor country lawyer is returning to the past. It is stepping do. in a town of 1,200 people—this is a per- backwards into a large, federally con- I will not talk about the tobacco in- sonal story—my daughter had a condi- trolled bureaucracy that in the end dustry. I will not talk about why the tion that was very rare and could have

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4806 CONGRESSIONAL RECORD — SENATE May 21, 1997 been fatal—would have been fatal. We Mr. KENNEDY. Mr. President, I ap- have no health care who will be cov- just happened to have a pediatrician preciate the views of the chairman of ered by the $16 billion, but we are still who knew the greatest pediatric neuro- the Budget Committee. He obviously not reaching the core group of children surgeon in the world at General has available to him other kinds of who are the sons and daughters of Hospital. I had just made a $22,000 fee. measures that he intends to pursue. working families. So Betty and I were able to go. She had What I would like to do is take a final This is the issue before us. We know complications. We spent 6 weeks in 3 minutes, and then I would welcome there are parliamentary measures that Boston and used up my $22,000. But dur- the possibility of yielding remaining will be taken, and parliamentary issues ing the course of that, having her in time, if that is agreeable. raised to prevent us from having a the hands of the best pediatric neuro- Mr. DOMENICI. How much does the straight up-and-down vote on the pro- surgeon in the world, Betty asked me Senator from Utah want? posal. one day, ‘‘What do poor people do?’’ I Mr. KENNEDY. If we have the 20 Every Member of the Senate under- said, ‘‘I will tell you what they do. minutes, I would like to speak very stands this proposal. The American They watch their children die.’’ briefly. We have the 20 minutes. Then I Academy of Pediatrics understands Here is an opportunity for the Senate will speak then we will yield the time. this proposal. ‘‘America’s pediatricians to do itself proud, for the Congress to The PRESIDING OFFICER. The strongly urge support for the Hatch- do itself proud. You can make all the Chair observes that the Senator from Kennedy budget amendment to in- arguments you want to against this be- Utah has 18 minutes. crease tobacco taxes to help finance cause this ‘‘t’’ is not crossed and the Does the Senator from Utah yield children’s health care.’’ ‘‘i’’ isn’t dotted. If we picked out some time to the distinguished Senator from The American Association of Retired little flaw in every bill we voted on, we Massachusetts? Persons understands this proposal. would never pass anything. Mr. HATCH. I yield 5 minutes. They care about their grandchildren: There are a couple of things in this The PRESIDING OFFICER. The Sen- ‘‘AARP believes that the Hatch-Ken- bill that are not terribly pleasing to ator from Massachusetts is recognized nedy proposal is an important step in me. But providing health care for 10 for 5 minutes. improving access to health care for million children in this country who do Mr. KENNEDY. Mr. President, we children.’’ not have it, you can’t find a more noble find that we have had a good discussion The National Council of the Churches undertaking by a political body. and a debate about this measure. of Christ in the U.S.A., comprised of Mr. President, children without Those of us who favor this measure the 33 national member communions of health care was, is, and will remain the have been trying to convince the Mem- the National Council of Churches sup- shame of this great Nation until we bers of the Senate what the great ma- port it. They write, ‘‘We in the reli- deal with it. jority of the American people already gious community will continue to hold So I plead with my colleagues in the understand. This is a proposal that will Congress to a high standard as to what Senate to please America and do some- cover the sons and daughters of work- is required for the common good. Pro- thing that is really noble and laudable ing families that are on the lower two viding for the health care of children is and worthwhile and will pay the rich- or three rungs of the economic ladder. simply basic social morality.’’ est dividends we have ever received. This is something that the American The list goes on; 150 organizations in- I yield the floor. people overwhelmingly support, and we cluding the Parent-Teachers Associa- The PRESIDING OFFICER. Who pay for it with a modest increase in the tion, and many others support this yields time? tobacco tax of 43 cents per pack of measure. Mr. DOMENICI addressed the Chair. cigarettes. This is supported across the Mr. President, this is ultimately a The PRESIDING OFFICER. The Sen- country—North, South, East, West, Re- choice and a decision about whether we ator from New Mexico is recognized. publicans, Democrats, independents. A Mr. DOMENICI. Mr. President, I are going to support covering children majority of smokers all across the noted—since we have all been engaged who are uninsured or whether we are country favor this proposal. Rarely in such a serious conversation—a little going to be for big tobacco. That is the have we seen an issue that has such article from ‘‘The Hill’’ about polling issue. We have chosen the tobacco tax support. We have given life to that pro- and budgets. It might interest Sen- for health reasons, Mr. President. If posal with this amendment to the ators. If I shared it with them, they you increase that kind of tax, you are Budget Act. going to discourage children from might be reassured. For those who be- There have been comments about lieve in politics, however, this fact may smoking and you are going to close a how this is drafted. This is drafted as gateway to drug use and other kinds of be very interesting. Seventy-four per- other amendments have been drafted cent of the people polled think that substance abuse. over the history of budget acts. It is Second, we want to make sure that news about the budget deal is more in- consistent with our objective. teresting than news of ’s that industry and the users of tobacco We have placed in the RECORD the marital failures. Only 10 percent re- are going to pay their fair share of the Joint Tax Committee report that justi- health care costs; $68 billion a year, ac- sponded that they were more inter- fies our proposal in recognizing that ested in Donald Trump’s marriage fail- cording to OTA, is paid by the common more than $30 billion will be raised. We taxpayers because of smoking. ures. have allocated $20 billion to go to the So we have a winner here. We are saying that the tobacco in- States, effectively as a block grant, to Mr. President, I would like very dustry ought to bear its fair share in provide for those children whose par- much to ask my friend, Senator LAU- covering poor children. That is the ents are working and who need this TENBERG, if he is prepared to yield back issue. kind of coverage because they are mak- time on the amendment. I will then be Finally, Mr. President, we heard a ing $18,000, $19,000, $20,000, or $25,000 and prepared to yield and offer a second-de- great deal yesterday about the Amer- they are unable to afford coverage for gree amendment. ican Medical Association. Here is the Mr. LAUTENBERG. We are prepared their children. We commend the fact letter from the American Medical As- to yield any time that remains on the that the budget agreement adds some sociation that says: amendment. $16 billion for children. But we also rec- On behalf of 300,000 physician and medical Mr. HATCH. I understand that we ognize that Medicaid has been cut $14 students members of the American Medical still have 20 minutes. billion. Half of all those who are in Association, I am writing to express our sup- The PRESIDING OFFICER. The Sen- Medicaid are children. We are not pre- port of your and Senator Orrin HATCH’s ef- ator from Utah now has 18 minutes re- pared to say that half of those cuts, forts, as well as those of other Congressional leaders, to improve the health of American maining on his time. dollar for dollar will necessarily affect children, but that $16 billion that is children. We also commend you for financing Mr. HATCH. Could we make a few your legislation by a 43-cent increase in the closing remarks? supposed to go for children is going to Federal cigarette tax. The AMA is com- Mr. DOMENICI. There is going to be be diminished significantly given these mitted to eradicating the public health crisis plenty of time for remarks. But if the cuts. We believe there will be more caused by smoking and our House of Dele- Senator would like to do that, fine. than 3 million children who currently gates policy strongly supports increasing the

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4807 Federal tobacco excise tax for health care place to collect the excise tax on to- particularly when these revenues are needs. bacco products. We would make those marginal in comparison to health care Mr. President, from a medical stand- tax revenues available to the States costs States assume from smoking re- point, this is right. It is right in terms much like we make matching funds lated illnesses. of fairness and equity. There is not a available to the States through the Now, look, we can put this issue off parent in this country, not a single Medicaid program. States would not and we can play procedural games, but parent in this country, who does not have to hire massive new numbers of this issue is not going to go away. I believe that all children ought to have bureaucrats. The States basically oper- think virtually everybody in the Sen- a healthy start. That is what our ate the program in a manner con- ate has strong feelings about this issue amendment does, and I hope it will be sistent with existing children’s pro- although there are legitimate dif- accepted. grams or in ways that best meet the ferences of viewpoint. Mr. HATCH addressed the Chair. needs of the citizens. Of all the arguments made against The PRESIDING OFFICER. The Sen- States will have the flexibility to my bill, I think the one that is particu- ator from Utah is recognized. contract with health insurance compa- larly false is that my bill creates a new Mr. HATCH. Mr. President, I have nies to develop new and innovative in- entitlement. I am perhaps more dis- not felt really great about taking on surance products for children. In spite mayed by that charge because my bill some of my colleagues and irritating of some of the comments that have specifically states that no new entitle- people on my side of the aisle. I always been made by those who oppose my ment is establish by this legislation. try to support the leadership in every- bill, States can contract with private I succeeded in persuading my cospon- thing. And, I think I have a very good health insurers and/or health care pro- sor, Senator KENNEDY, to agree to the reputation for doing that. nonentitlement provision in this bill But there occurs in all of our lives— viders such as community health cen- ters to carry out the mission of this which clearly states that: Nothing in at times—issues that transcend the ev- this title shall be construed as pro- eryday important issues we face in the program. I want to give States even more flexi- viding an individual with an entitle- Senate on a daily basis, and this is one bility in implementing the CHILD bill. ment to assistance under this title. of them. Regardless of what happens I am open to further suggestions and Moreover, State participation is to- here today, this issue is not going to go refinements in the bill. In that respect, tally voluntary. away. I think it is time for people to There is nothing in the bill that I have challenged my colleagues on wake up and say, hey, look, this is an would establish an entitlement to the both sides of the aisle alone with the idea whose time has come. CHILD Program, but yet that has been Nation’s Governors to help me in that We must take care of these kids who one of the principal arguments against effort. If there is a better way of doing cannot take care of themselves. The the measure. I guess any bill that has this, then I am willing to discuss other problem in this body, and the problem real winning power could be called an proposals and make construction with the Federal Government, is that entitlement program. Any good pro- oftentimes we provide programs for all changes to the bill. gram that actually works I guess My willingness to improve my bill kinds of people who can take care of should be called an entitlement even extends to the funding mechanism as themselves, but will not. Yet, we do though these programs have to face the well. I ask my colleagues to show me a not take care of people who truly can- authorization and appropriations proc- better way of funding this program. I not take care of themselves, but would ess which the CHILD bill is also subject cannot think of a more just way of if they could. to face. Children’s health care should not be funding the program than with an in- It is unbelievable this these kinds of a political issue. This is not a Demo- crease of 43 cents on the tobacco tax. arguments have been made. This is a crat issue. It is not a Republican issue. In 1955, a pack of cigarettes cost 23 voluntary program designed to be at- I admit that when I first read the Ken- cents. The excise tax was 8 cents or 34 tractive to States. Does that make it nedy-Kerry bill, I could not support percent. Today a pack of cigarettes an entitlement program? Does that that bill as drafted. The bill provided a costs $1.80 to $2.30. The excise tax somehow convert it into an entitle- new Federal bureaucracy along with today is 24 cents, under 10 percent. ment program? It seems to me there $50 billion in new entitlement spend- Does it not seem fair and reasonable are legal and programmatic distinc- ing. to ask the tobacco industry to help fi- tions between entitlement programs That bill provided extensive Federal nance this program particularly in such as Medicare and the child develop- mandates along with extensive Federal view of the health implications of to- ment block grant program. accountability and review provisions bacco use? The fact of the matter is I remember when the Child Develop- imposed on the States. It was simply that tobacco use is the single largest ment Block Grant Program came be- unacceptable and provided far too preventable cause of death. It is the fore the Senate. Many Senators includ- much Federal intervention. largest preventable cause of illness in ing those in my party were opposed to I do not mean to find fault with my our society. it. Ironically, that bill passed the Sen- colleague, the Senator from Massachu- Four out of five lung cancer victims ate unanimously and almost everybody setts, because he too has taken a stand in our country get cancer due to smok- claims credit for it because it has been on this issue and has been willing to ing. There are 51 million smokers in a successful block grant program for come to the center in a bipartisan way our country, 3 million of whom are the States. The States set their own to work with me to resolve these prob- teenagers. And, everyday 3,000 more standards which is precisely what my lems. But that bill was totally unac- teenagers begin to smoke, half of whom bill provides. I think we ought to wake ceptable to me and I know it would will become nicotine addicts by the up and do what is right here. have not garnished nearly the support time they are 18 years of age. Look, it is a fair characterization to my bill has received. As my colleagues know, currently say that this is a choice between Joe My bill is substantially different the so-called global settlement nego- Camel and Joey. I am not just saying than the Kennedy-Kerry bill. My bill tiations are on-going between the to- that because it is cute and gimmicky. provides a block grant funding mecha- bacco companies and the States regard- I say that because it is true. nism to the States which are given ing the litigation against tobacco man- I think the industry that causes maximum flexibility to administer the ufacturers. I have had the opportunity much of the illnesses has an obligation program. The States set their own eli- to review the arguments on both sides to be of some help here. This is not a gibility standards. And, the program is of the issue and I note that arguments broad-based tax. The only people who strictly voluntary. No new massive have been made against any increases pay this tax are those who smoke ciga- Federal or for that matter State bu- in tobacco prices on the belief that rettes and use tobacco products. reaucracy is necessary since my bill States will lose revenues. In all candor, I trust my colleagues builds on existing State programs or It seems to be that we should be will keep this in mind. This issue is not private sector initiatives. spending more time worrying about the going to go away. I understand that the There is no funding mechanism be- health of our citizens than the tobacco leadership is going to file an amend- cause we already have a system in revenues going into State treasuries ment to my amendment. Fine. We will

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4808 CONGRESSIONAL RECORD — SENATE May 21, 1997 look at their amendment and see what cratic package, and it is certainly not That is why we are here now. We it is. I hope it is a constructive amend- a Republican package. It is one that we have an agreement we are committed ment that will get us to what we are came to agreement on. There are provi- to, that addresses this problem. Now trying to do. sions in it that I don’t agree with. we have an amendment that will take However, these arguments that $16 There are changes that I wanted to us, clearly, outside the parameters of billion is all that is needed are simply make until the very end, and some I the agreement. We must defeat this inaccurate. My bill is something we would like to make at this very mo- amendment. We must have bipartisan ought to do. These are the children ment. But we entered into an agree- support against this amendment, or who come from families of the working ment, House and Senate, Republican how am I going to be able to stand up poor. It is very difficult for them to and Democratic leadership, working here and vote against some of the help themselves. I think of the billions with the Budget Committee leaders amendments that will be offered from of dollars we spend on people who can and the administration, specifically my side of the aisle that will take some help themselves but will not. If we can- the President of the United States. We of the spending out of our agreement not do this, then what can we do? came to a budget agreement. We shook and put it in more tax cuts? I would I am prepared to yield back the re- hands. Now we have this budget resolu- like to do that. I want to do that. The mainder of my time. tion to implement that agreement. American people are overtaxed and Mr. FORD. Mr. President, will the The House spent a very long day yes- overworked, for what they get back, in terday and they stuck with their com- Senator yield me 2 minutes? terms of being able to keep their own mitment. They kept the faith. They Mr. HATCH. I reserve the remainder money. But I am prepared to say no, passed the budget resolution that will of my time. we have to stick with this agreement. carry out the budget agreement. It Mr. DOMENICI. I have a Senator who Paragraph 3 of the bipartisan agree- took them until 3:30 this morning. One wants to speak. ment between the President and the amendment that was offered, which Mr. FORD. I just need 2 minutes. leadership of the Congress reads: Mr. DOMENICI. I yield 2 minutes to was very attractive, was one that I would like to vote for, to put more Agreed upon budget levels are shown in the the Senator. tables included in this agreement, including Mr. FORD addressed the Chair. money in transportation. I think we deficit reduction levels, major category lev- The PRESIDING OFFICER (Mr. should take more money out of the els of discretionary, mandatory, and tax re- highway trust fund and put it in the GREGG). The Senator from Kentucky. ceipt levels. Mr. FORD. Mr. President, let me just roads and bridges of America, and so do This amendment would change those make a couple of points if I may. many of the leaders in the House on agreed-to budget levels. Like yester- the Republican side. But, no, they Under the previous bills, not in this day’s amendment by Senator DODD of bill but I understand are included in fought off a very powerful, very impor- Connecticut, the pending amendment this, they sunset the program at the tant chairman by a vote of 216 to 214. would break our bipartisan agreement end of 5 years. Now, in the budget pro- The amendment was defeated. They with the President by increasing spend- gram 5 years is fine which when you kept their word. The leadership worked ing and taxes beyond the levels in this get in reconciliation is 10, and under all night to keep their word, to stick agreement. the 5-year program the reason they with the agreement. And they did it By the way, I thought the original and they passed a budget resolution. sunset it is because they run out of Kennedy-Hatch bill just provided for Just yesterday, here in the Senate, I money. The cost is greater than the in- $20 billion. We have $16 billion in this worked with Senator DASCHLE, Senator come. So this is a budget buster in package. If you add $20 billion on top of DOMENICI worked with Senator LAU- more ways than one. The cost goes well that, now it is $36 billion. The Ken- TENBERG, and we resisted amendments nedy-Hatch amendment would create beyond the income. So it is a budget that would break us out of the agree- buster. $20 billion of new entitlement spending ment. Senator DODD from Connecticut You talk about whether this is an en- had an amendment he felt compelled to above and beyond what is already in titlement or not. All you have to do is offer and was very serious about. But this resolution. The sponsors of the amendment read what the distinguished Senator with some nine Democrats and most claim the amendment would increase from New Hampshire was trying to ex- Republicans, we defeated that amend- plain here this morning. It is section ment. the tobacco tax. That is not true. It is 2802. If the State accepts, they shall, Senator ALLARD, the Senator from false. The budget resolution cannot tell they shall, they shall, they shall. And Colorado, had an amendment. I voted the Finance Committee which taxes to every child in the State shall have. against his amendment. I didn’t want raise and which to cut. The practical You shall contract with an insurer that to. I am proud of this new, fine Senator effect of this amendment on taxes is says certain things. So I hope States from Colorado, and I agreed with what not to raise a specific tax. It is, in- understand it is in the cover of chil- he was trying to do. But, no, I kept my stead, to reduce the size of the net tax dren. I hope my record is as good as the word. I kept the faith. cut by $30 billion, to only $55 billion next one. Now, my colleagues, this is a show- over 5 years. That is not enough to do I hope we can work this out—I under- stopper. This takes us outside the what we have committed to do—some stand what is coming next—but, after budget agreement. Remember, in the tax credits for families with children, today, at least we can keep a budget agreement is $16 billion for child health some capital gains tax rate cuts for together that we agreed on. I yield the care. I thought that was excessive, but Americans who are entitled to it and floor. we came to an agreement. We do need deserve that opportunity, some modi- The PRESIDING OFFICER. Who to make sure that, for some children fication of the estate taxes. And it puts yields time? who are not covered in America, there an additional squeeze on the Presi- Mr. DOMENICI. Mr. President, I is a way for them to be covered. We dent’s education program. We cannot yield off the bill as much time as the said: Finance Committee, here is $16 do what we have committed to do with majority leader desires. billion to address this problem, and we this change. The PRESIDING OFFICER. The ma- believe there are ways that can be I am a party to the bipartisan agree- jority leader is recognized. found to get that done. ment with the President that we en- Mr. LOTT. Mr. President, I thank the I care about children in America. I tered into and we outlined in para- distinguished chairman of the com- am a parent. I am from a State where graph 2 of the agreement. I am going to mittee for yielding this time and for there are children who are not covered keep the faith on this amendment and the outstanding work he has been and should be. But we have a program other amendments. We are going to doing. here that we have agreed to, $16 billion, stick with our budget resolution agree- We have before us a budget resolu- and the committee will work with ment. I have talked to the President, tion that has been in the making for 4 that, and I hope and think they will because the President is in on this. He months. A lot of hard work went into come up with many innovative ideas of has made it clear he supports the con- it, a lot of give-and-take. It is truly a how we can make sure these children cept of Kennedy-Hatch. But he is also bipartisan agreement. It is not a Demo- are covered. committed to me that he is going to

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4809 work to try to get Democrat votes for this, a lot of effort. We need to be able Medicaid. So I would certainly urge all our second-degree amendment and to get this budget resolution done so of our supporters to support it. Then I against making this change in the we can go on to the reconciliation bill hope we will have an opportunity to budget resolution. That is what I have and the appropriations bills. If we do come back on and have a vote on what been told by the President of the not defeat this amendment and if we do we have offered here, to build on that. United States. If anybody doubts that not pass this budget resolution today So that makes it—if the Senator wants here on the floor or in the news media, or tomorrow, in our effort to get a bal- to have a reaffirmation for that which call the White House and check it. anced budget, with spending restraint has been agreed on, I hope we could get I signed in on the deal and I have and some tax relief for working Ameri- to an early vote on it, because we taken criticism for it. The President cans, and some reform in Medicare that would have every intention, then, to signed in on the deal, and he is going to will save the program on out well after come back in and have a vote on our take some criticism for it. He already the turn of the century, we will have particular measure. has. But this is clearly a deal-buster. If made a terrible mistake today. Mr. LOTT. Mr. President, if I can re- this amendment should be adopted So I urge my colleagues, when we get claim our time, I would certainly like right at the gate, the wheels will come to the vote, that we vote for the sec- to have a reaffirmation of our support off of this thing. They will come off. ond-degree amendment and we move on of what was in the budget agreement, And I only have two options: One, offer to other issues in this area. that we worked through very carefully. second-degree amendments, and if we Several Senators addressed the I agreed to what was in there reluc- have to, we may go through a series of Chair. tantly. them, and let me assure you, each one Mr. KENNEDY. Would the Senator If we then come along and vote for will get hairier and more difficult for yield? Can I ask the majority leader a the Senator’s amendment, we have un- Senators to vote against, more uncom- brief question? dercut, we have broken out of the fortable. Mr. LOTT. Surely. agreement, and we will reverse the af- Or the other one is to say, look, we Mr. KENNEDY. I just ask the major- firmation we just voted on. That does had a deal. Is the deal off? We can pull ity leader whether he will permit us to not make any sense. this down. We have a little work we have an opportunity to vote on the So, I yield the floor at this time so can do. We can go back to the children’s insurance program? Is it the the second-degree amendment can be comptime-flextime bill, to give the position of the majority leader that we offered. working men and women of America an will not be able to have a vote on the The PRESIDING OFFICER. Who opportunity to make some decisions, children’s insurance program? Is that yields time? taking time to be with their children. the thought? Mr. DASCHLE. Mr. President, I rise We can go onto the chemical weapons Mr. LOTT. It is my intention that to address the concerns that have been implementing legislation. Maybe we this amendment not be added to the raised today on the floor. This is not can go to other bills, like product li- budget resolution. Now, there are a lot the first time we have had differences ability. That is pending. We could take of different ways we can do that. We of interpretation on this agreement, that up. Or national missile defense. can have second-degree amendments and it will not be the last. We have other things we could be adopted, or we can defeat the Senator’s This has not been an easy process for doing. amendment on a straight up-or-down anybody on either side of the aisle. I But we should, instead, vote for the vote. But I would have to have assur- know that the majority leader and I second-degree amendment. It is a very ances from your leadership and from have attempted to work through dis- responsible and reasonable amend- the White House, from the President, agreements dispassionately, to keep ment. I urge Senators on both sides, that in fact it is going to be defeated. our cool, and to recognize there are vote for the second-degree amendment If that does not occur, then our only going to be honest differences of opin- we are going to offer. Let us move on other option would be to pull down this ion on how we should proceed. I just and complete our work on this today, budget resolution and move on to other hope we have learned some lessons on this whole resolution, so we can get issues. from the way this budget agreement to conference, meet tomorrow, and You know, the Senator has made his was handled, and Republicans and pass this budget resolution on Thurs- case here today. Democrats will make a commitment to day or Friday. Mr. KENNEDY. Right. not repeat this kind of process so we The amendment we will offer as a Mr. LOTT. I knew he would take the can avoid the pitfalls we are now expe- second-degree amendment will allow us opportunity, the first opportunity that riencing. to adhere to our bipartisan budget came along, to do that. That is fine. The fact is, when this agreement was agreement with respect to health care But I think he has to understand this is negotiated, we had a handful of Sen- for our children. This amendment ac- a very carefully crafted budget agree- ators in a room making decisions for complishes this by wiping out the in- ment which we really spent 41⁄2 months the rest of us. While I agree with the creases and decreases in the dollar putting together. We cannot allow this end product, I have no qualms about amounts which have been proposed by amendment in this form to be added to disagreeing with the way we got there. our colleagues in the Kennedy-Hatch the budget resolution. So we will find a Now we have to make decisions with amendment. It allows us to stick with way, hopefully, to accomplish that. regard to whether or not amendments the balanced budget plan now before us Mr. KENNEDY. I just had two just are consistent with this budget agree- and to provide health care for kids. quick questions. It is going to be an in- ment. The terms of the agreement call I think that is the responsible thing teresting meeting here, because I lis- for the leaders to seek to produce sup- to do. I would prefer to even give some tened to the Senator, our majority port for the agreement by a majority of direction, maybe even have a vote like leader, speak about how the President Democrats and Republicans and to pur- they did in the committee, saying what is supporting his position when the sue remedial action against provisions we should do is having 100 percent de- Vice President is on his way up here to deemed to be inconsistent. The agree- ductibility of the self-employed. That vote for our position. So, sometime ment says, in other words, that we are would be a major help. There are all they might get together. going to support this agreement and sorts of things we can do. But we Mr. LOTT. Maybe they will get to- try to encourage a majority of our col- should not break out of the agreement gether someday; and this would be a leagues on both sides of the aisle to here. We should not mandate a new good day for them to be together. support it and to oppose amendments program at this point, on the budget Mr. KENNEDY. I just want to say that are inconsistent with it. resolution. We should not raise taxes this. When the amendment is offered Yesterday, on a couple of occasions, I when there are other options that are by the majority leader, we are going to joined with the majority leader to op- as good or better. urge everyone on our side to support it. pose what I considered to be incon- So, my friends, I just want to sum up Because we, as right from the begin- sistent amendments. I am told we have by saying I think we have come a long ning, have supported the $16 billion to over 25 Democratic amendments. As I way. A lot of time has been invested in take care of those needy children on review those Democratic amendments,

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4810 CONGRESSIONAL RECORD — SENATE May 21, 1997 almost all of them, in my view, are in- keep the budget agreement intact and The PRESIDING OFFICER. The consistent. But that issue is, obviously, to resolve to find a better way to get clerk will report. going to be subject to debate and dis- these kind of agreements in the future. The assistant legislative clerk read agreement for as long as this resolu- Whatever we do, let us remember how as follows: tion is on the floor. important this matter is, not just to The Senator from New Mexico [Mr. DOMEN- I believe that this amendment is con- Democrats, not just to some Repub- ICI] proposes an amendment numbered 307 to sistent with the budget agreement for licans, but to a lot of children who are amendment No. 297. three reasons. First, it deals with an counting on this legislation passing Mr. DOMENICI. Mr. President, I ask issue that is already addressed in the sometime this Congress. unanimous consent that the reading of budget. Expanded health coverage for I yield the floor. the amendment be dispensed with. children is in this resolution. The Mr. DOMENICI addressed the Chair. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- budget negotiators acknowledged on objection, it is so ordered. policy grounds the value of extending ator from New Mexico. The amendment is as follows: Mr. DOMENICI. Has time been yield- child coverage and this budget includes On page 3, line 3, increase the amount by 0. funding to cover 5 million uninsured ed back on their side? The PRESIDING OFFICER. Both On page 3, line 4, increase the amount by 0. children. How is it inconsistent to say On page 3, line 5, increase the amount by 0. we are going to add additional children sides have time remaining. On page 3, line 6, increase the amount by 0. to the ranks of children to whom we Mr. DOMENICI. I did not hear the On page 3, line 7, increase the amount by 0. have already committed in this budget Chair. On page 3, line 11, increase the amount by The PRESIDING OFFICER. Both agreement? 0. Second, the Kennedy-Hatch amend- sides have time remaining. On page 3, line 12, increase the amount by Mr. DOMENICI. How much time do I 0. ment would alter the revenue numbers have remaining? On page 3, line 13, increase the amount by by raising a fee on tobacco, but it The PRESIDING OFFICER. The Sen- 0. would not remove one single tax pro- ator from New Mexico has 15 minutes, On page 3, line 14, increase the amount by posal agreed to by the negotiators and 14 seconds. 0. memorialized in the letter from the Mr. DOMENICI. I would like to use 3 On page 3, line 15, increase the amount by majority leadership. minutes and then yield back the re- 0. Those elements of the budget agree- On page 4, line 4, increase the amount by 0. mainder of my time, if that is satisfac- On page 4, line 5, increase the amount by 0. ment are untouched: the higher edu- tory. cation deduction; the HOPE scholar- On page 4, line 6, increase the amount by 0. Mr. HATCH. How much time do we On page 4, line 7, increase the amount by 0. ship credit; the capital gains tax reduc- have? On page 4, line 8, increase the amount by 0. tion; estate tax reform; the $500-per- The PRESIDING OFFICER. The Sen- On page 4, line 12, increase the amount by child tax credit—every one of those ini- ator from Utah has 2 minutes, 46 sec- 0. tiatives are still in the budget. This onds. On page 4, line 13, increase the amount by amendment doesn’t affect any of those Mr. DOMENICI. I am prepared to 0. measures. yield back my time. Is the Senator pre- On page 4, line 14, increase the amount by It should be noted that the details of pared to yield back his time? I am pre- 0. On page 4, line 15, increase the amount by the tax provisions were kept inten- pared to yield back mine, but I won’t tionally vague, oftentimes at Repub- 0. yield back mine until he yields his and On page 4, line 16, increase the amount by lican insistence. They didn’t want to I have the floor. 0. specify the details of the proposals. As Mr. HATCH. I am prepared to yield On page 4, line 19, increase the amount by vague as those provisions are, they are back my time. I might add, I am pre- 0. not affected at all by this amendment. pared to accept the Senator’s amend- On page 4, line 20, increase the amount by Third, the Kennedy-Hatch amend- ment. 0. ment does not worsen the deficit. In Mr. DOMENICI. I did not hear the On page 4, line 21, increase the amount by fact, it helps to reduce it. Senator. 0. So, Mr. President, based on deficit re- Mr. HATCH. I am prepared to accept On page 4, line 22, increase the amount by 0. duction, based upon how this amend- the Senator’s amendment. ment affects the tax package, based On page 4, line 23, increase the amount by Mr. DOMENICI. I understand that; I 0. upon the fact that this policy is al- heard that statement made by our col- On page 5, line 1, reduce the amount by 0. ready incorporated in the budget, I find league. On page 5, line 2, reduce the amount by 0. it very difficult to understand how this I yield back the remainder of my On page 5, line 3, reduce the amount by 0. amendment is inconsistent with the time. On page 5, line 4, reduce the amount by 0. budget agreement. It happens to be en- Mr. HATCH. I yield back the remain- On page 5, line 5, reduce the amount by 0. tirely consistent with 1 of the 10 lead- der of my time. On page 23, line 8, increase the amount by ership bills that I proposed on the very AMENDMENT NO. 307 TO AMENDMENT NO. 297 0. On page 23, line 9, increase the amount by first day of Congress. It happens to be (Purpose: The Bipartisan Budget Agreement 0. of May 15, 1997, as implemented in this res- a piece of legislation that the entire On page 23, line 15, increase the amount by olution, would spend $16 billion over five caucus feels very, very strongly about. 0. years (to provide up to 5 million additional I hope we can find a way to work On page 23, line 16, increase the amount by children with health insurance coverage by through this disagreement, but I will 0. 2002). The funding could be used for one or tell you this: If it means bringing down On page 23, line 22, increase the amount by both of the following, and for other possi- 0. the budget resolution, as some of our bilities if mutually agreeable: (1) Medicaid, On page 23, line 23, increase the amount by colleagues have threatened, then so be including outreach activities to identify 0. it—so be it. That isn’t my first choice. and enroll eligible children and providing On page 24, line 5, increase the amount by I would like to find a way not to avoid 12-month continuous eligibility; and also 0. to restore Medicaid for current disabled these kinds of confrontations. I would On page 24, line 6, increase the amount by children losing SSI because of a new, more like to find a way to resolve this dis- 0. strict definition of childhood eligibility; pute. But if it means dropping this On page 24, line 12, increase the amount by and (2) A program of capped mandatory agreement, then let’s do it, let’s go 0. back to the drawing board, or let’s fig- grants to States to finance health insur- On page 24, line 13, increase the amount by ance coverage for uninsured children. The ure out another way to do this. But I 0. resources will be used in the most cost-ef- On page 39, line 22, reduce the amount by have to tell you, again, this debate fective manner possible to expand coverage highlights the point I have been trying 0. and services for low-income and uninsured On page 39, line 23, reduce the amount by to make about the problems with the children with a goal of up to 5 million cur- 0. process that produced this budget rently uninsured children being served) On page 40, line 16, reduce the amount by agreement. Mr. DOMENICI. Mr. President, I send 0. I hope we can find a way, in spite of an amendment to the desk and ask for On page 40, line 17, reduce the amount by our differences on this amendment, to its immediate consideration. 0.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4811 On page 41, line 7, reduce the amount by 0. wanted he would not get and many of is the last one, I say to the leader, be- On page 41, line 8, reduce the amount by 0. the things he wanted he would get, and cause it might be balanced. But I tell Mr. DOMENICI. Mr. President, first, the one thing he wanted, and most Re- you, never have we worked harder to parliamentary inquiry. Under the rules publicans wanted, was to cover chil- get something bipartisan that is sup- prevailing for this bill, each side has a dren that are not covered. So we ported by the President of the United half hour on this amendment, is that agreed, I say to my fellow Senators, on States. correct? $16 billion, and I just read to you, not Let me tell you, this language that The PRESIDING OFFICER. That is the budget resolution because it can’t the distinguished minority leader read correct. do that, but the agreement between the from that is included in this agree- Mr. DOMENICI. I thank the Chair. I President of the United States and the ment—there are 10 covenants. I say to yield myself 5 minutes. leaders and what it said about covering my good friend, Senator GORTON, at Mr. President, let me just read this children, and $16 billion that was not in one point there were 20. So it is not as amendment: any program was put in the budget in if they were just all of a sudden agreed The Bipartisan Budget Agreement of May compromise with the President of the to. There were 20. 15, 1997, as implemented in the resolution, United States. We said, ‘‘You know, that’s too many would spend $16 billion over five years (to I do not think it matters much agreements. It’s too hard to enforce an provide up to 5 million additional children whether something is so patently in- agreement with so many covenants.’’ with health insurance coverage by 2002). The funding could be used for one or both of the consistent as that. It is not going to We spent 3 days arguing about those. In following, and for other possibilities if mutu- change any votes, but I do not want the fact, one time the majority leader said, ally agreeable: (1) Medicaid, including out- record of this Senate to go by with ‘‘Why don’t you go and solve that and reach activities to identify and enroll eligi- even such a distinguished Senator as don’t bother me.’’ We did. So we left, ble children and providing 12-month contin- the minority leader suggesting that and in a couple days we came back and uous eligibility; and also to restore Medicaid this amendment is not inconsistent got it boiled down to 10 covenants as for current disabled children losing SSI be- with the budget agreement. It is impos- part of this agreement. It clearly says cause of a new, more strict definition of sible that anybody could get any dic- things inconsistent with this, the childhood eligibility; (2) A program of capped mandatory grants to States to finance tionary and look up the word ‘‘incon- President and the Democratic leader- health insurance coverage for uninsured sistent’’ and apply it to these two sets ship will use everything within their children. The resources will be used in the of facts and not conclude that this is power to see that those kinds of most cost-effective manner possible to ex- inconsistent. amendments are defeated. pand coverage and services for low-income There is nothing precluding these I am going to take another 3 or 4 and uninsured children with a goal of up to two distinguished Senators and their minutes beyond the time I have just re- 5 million currently uninsured children being cosponsors from offering inconsistent served and talk about a couple of other served. amendments, and when I am finished things. The remainder of the amendment they are probably going to stand up My good friend, Senator HATCH, I say strikes the additions and subtractions and say they didn’t agree not to submit to the Senator, if you desire to raise from the resolution that are included inconsistent amendments, unless they taxes on cigarettes—what is the in the Hatch-Kennedy amendment. want to try to continue on with some amount you would like to do it in your Mr. President, let me just speak for a illogical idea that it is not incon- bill? couple of minutes. First, I listened at- sistent. Mr. HATCH. Forty-three cents. tentively, I say to my fellow Senators, But the point of it is not what their Mr. DOMENICI. If you would like do to the explanation of the minority rights and privileges are, the point of it raise it—— leader of the Kennedy-Hatch amend- is what we agreed to after all those Mr. HATCH. Plus the equivalent for ment. Frankly, I normally I have months. I suggest, Senator KENNEDY others. great, great esteem for the leader, and has already told us—I yield 5 addi- Mr. DOMENICI. Thirty, forty, sixty I respect him almost every time he tional minutes—that perhaps the Vice cents, you go to the Finance Com- speaks on the floor. But let me suggest, President is standing by to come up mittee. You are a distinguished mem- I would be willing to submit to arbitra- here and vote. I hope not, I say to the ber. You sit very, very high up in se- tion by any three intelligent people leader. I hope not. I have no idea niority on that Finance Committee. that you want to pick, and ask them if whether he is or is not. But, frankly, There is nothing in this budget agree- this amendment, the amendment that I had I the slightest suspicion that the ment—nothing—that says you cannot have just tried to modify, the Hatch- Vice President himself would come try to raise cigarette taxes in that Kennedy amendment, does not violate here and vote inconsistent with the committee. You just propose it. You the agreement. agreement that the President signed, I can raise cigarette taxes right there in The parties to the agreement agreed would have asked that the Vice Presi- that committee. You do not need very that they would fight against amend- dent sign the agreement. That is what many votes. There is nothing that pre- ments that are inconsistent with the we should have done, for he feels not cludes you from it. agreement. Mind you, what do you bound by it, I assume. Let me tell you, the irony of it all is think we argued for 3 months over? We He can come up here and vote abso- that if the Kennedy-Hatch amendment argued one thing: What is the level of lutely inconsistent with it and break a passes, you will have the exact same net new tax cuts that are going to be tie, if that occurs, and I doubt that difficulty getting the cigarette tax available? We compromised and the that is going to occur. He can feel com- through as if you did not have this President compromised. The distin- fortable and the President can say—I thing, because there is nothing in this guished minority leader now comes don’t know what. Maybe he will say, ‘‘I amendment that you propose here along and tells the Senate, ‘‘It’s not in- don’t control the Vice President.’’ Do today that says the Finance Com- consistent to take $30 billion of that you think he might say that, I say to mittee of the United States is bound to $85 billion.’’ Now, I am not good the leader? Maybe that is what he will vote in a cigarette tax—nothing. enough with percentages, but could say. Or maybe he will say, ‘‘I’m sorry, I said once—I will say it again—ciga- somebody figure that out—— Senator HATCH and Senator KENNEDY rette taxes are not mentioned in the Mr. GORTON. More than a third. have more sway over me than you do, amendment. The distinguished Senator Mr. DOMENICI. More than a third, Mr. President, for you’re telling us from Massachusetts got up and said, we and just whack it out of there and say, that you support our position.’’ What is have drawn it like amendments have ‘‘That’s not inconsistent’’? I cannot be- the Vice President saying? You support been drawn forever. You are right. And lieve there could be anything more in- the President? The President signed the interpretation and the efficacy is consistent with the agreement than this agreement. This is not just some as it has exactly been forever. That for- that. little piece of paper floating around. everness has meant it is not binding, it If that is not enough, let’s take the Anybody that knows about this Sen- is not binding on anyone. To the extent next one. We agreed in this agreement ator, I have been through so many that you want to put a statement with that many of the things the President budgets, so many that I am hoping this this, it is hortatory. It is giving your

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4812 CONGRESSIONAL RECORD — SENATE May 21, 1997 views and talking to the American peo- will get a vote on it, and we will get a votes, but naturally we would like to ple about what you would like to see vote on it before anything else happens be able to have it in the budget resolu- happen. But it is not binding, never has here in the Senate in terms of this tion so that we do not have to have been binding. We have never had this budget resolution. that hurdle. kind of situation where you could I yield the floor at this point. If I have some advice for my col- make it binding. Mr. HATCH addressed the Chair. leagues on my side of the aisle, I would Now, having said that, I do not be- The PRESIDING OFFICER. Who suggest you acknowledge that $16 bil- lieve anybody in this country should yields time? lion is not enough, especially when believe that the President of the Mr. LAUTENBERG addressed the you, in a sense, rob Peter to pay Paul. United States, the Democrats who were Chair. We will end-up taking DSH moneys at the table with him, his three nego- The PRESIDING OFFICER. The Sen- that were to be used for the poor and tiators, Senator DOMENICI, FRANK LAU- ator from New Jersey. using many of them for a new program TENBERG, , and JOHN Mr. HATCH. Will the distinguished of children’s health. SPRATT—Members of the House, the minority manager yield me time? At that, the $16 billion will not take last two—I do not think anybody Mr. LAUTENBERG. I yield such time care of more than what the Chafee- should believe that we ignored a need as the Senator from Utah needs to Rockefeller-Jeffords-Breaux bill pro- in our society, to wit: to cover young make his presentation. vides. It will take care of maybe 3 mil- children who are not covered. We did Mr. HATCH. I thank my colleague. lion kids who are eligible for Medicaid not. I can say with as much certainty I think that the Democratic leader but are not enrolled, but it does not and integrity and sincerity as Senator has made a very compelling case. The take care of the 7 million kids who are HATCH has said, we intend to cover amendment we are offering does not not eligible for Medicaid but can’t af- them. We intend to cover those who are break the budget agreement. ford health insurance. in need. We said it in disagreement; He summarized three points basi- So those who believe that they are and there is $16 billion in there. cally. doing the right thing by upholding this Incidentally, for Members who might No. 1, our amendment, just like the so-called budget agreement when, in be interested how this money gets Domenici amendment, embodies no fact, my amendment does not break spent—and I draw no inferences from new health care program but builds on the agreement, may be making it even it—but the distinguished Senator, Sen- the existing monies in the budget reso- more difficult to pass legislation that ator KENNEDY, does not sit on the Fi- lution. would help poor children in working nance Committee. All the $16 billion No. 2, although our amendment al- families. that is in this agreement goes to the ters the revenue numbers by raising One of my colleagues said, you have Finance Committee because they have the tax on tobacco there is no excise won Senator HATCH because you got $16 Medicaid, which is one of the major tax in the body of the text. It is my un- billion in the budget resolution. I programs. It is interesting, with the derstanding that such language would admit that I am very pleased with this amendment, the committee that the not be in order. I think it would also result and that it is a step in the right distinguished Senator from Massachu- raise serious constitutional questions direction. And, in fact, that money setts sits on will get $18 billion to about a tax originating in the Senate. would probably not be there in the spend. So now we will split the respon- I think my colleagues understand that budget resolution had it not been for sibility, $18 billion to his committee, point. the efforts of those Senators who sup- to the committee he serves on, and $18 No. 3, as I am pleased to recognize, as port the CHILD legislation as well as billion for the Finance Committee. Senator DASCHLE has noted, our other proposals. And, again, it seems to me there is lit- amendment does not worsen the def- I commend my colleagues on the tle need for that. icit. In fact, it lowers the deficit. Budget Committee for doing providing So I close by saying I have offered an You would think that my colleagues the $16 billion. Unfortunately, that amendment that clearly says and un- on both sides of the aisle would be in- amount will not provide the necessary equivocally says we have provided for terested in doing supporting this lan- financial commitment needed to en- the children who do not have insurance guage, especially on a balanced budget sure those children most in need. in this country, and how we provided it resolution. Keep in mind, although this Senator DOMENICI’s substitute is contained in the budget resolution. budget resolution claims to balance the amendment to my amendment essen- I believe any Senator voting for that budget, the U.S. Government will still tially strikes out all the moneys raised ought to be held to saying, ‘‘We voted have a $6 trillion national debt. The in my bill for children. In effect, the for it. That’s what we are getting. Hatch-Kennedy amendment would re- substitute amendment is what is al- That’s what the agreement says. And duce that debt by $10 billion more over ready contained in the budget resolu- we are not going to vote to turn right the next 5 years. tion for children’s health—and nothing around and destroy the very agreement Frankly, for these reasons I believe more. that created that right.’’ that our amendment is fully consistent Frankly, if you look at that amend- I want to assure everyone, if this with the budget resolution as described ment, basically it says on page 3, line budget agreement falls apart, and I by the distinguished Budget Com- 3, where we had increased the amount know on this one—I think I know what mittee chairman. by $16 billion, it strikes out $16 billion; I am talking about—there is little as- Let us not use as an excuse to avoid page 3, line 4, it strikes out the money; surance that this body is going to ap- an important vote on a major public there on page 3, line 5, it strikes out prove $16 billion for child health care, health problem that we are somehow the money; there on page 3, line 6, it little assurance, because clearly there trying to break the agreement on the strikes out the money there, right on are all kinds of ideas on how we ought budget resolution. My amendment down through the whole amendment. to do it, and it will take a few years for helps the budget. And, in the end, we So all they are saying is they are those to pan out. We said, ‘‘OK, Mr. will be helping 10 million uninsured going to limit new spending for chil- President, even though you don’t know children who otherwise will not have dren’s health to $16 billion, whether how you’re going to do it, we’ll put it the help we can provide them today. that is adequate or not. I think we in there for you.’’ That is the very Let me also be very candid here with have made better than a good case that truth about the $16 billion. respect to the strategy. We all know it is inadequate. I think we made a Mr. President, I want everyone to that if we do pass this amendment, it case that every Senator in this Cham- know—and I want to state for the other will probably have to be included in the ber ought to be able to support. side—at the expiration of the time on reconciliation bill. If we do not pass It is time to resolve this problem. We this amendment, I will claim the floor the Hatch-Kennedy amendment today, are going to have to resolve it. You back as the floor manager, and unless I understand—and I believe it is prob- know, the odds have been very heavily you intend to let us vote on the ably accurate—that it will take 60 against us from the start on this thing Domenici substitute, I will perfect the votes to do it on a reconciliation bill. I in the budget context. But I hope that tree with another amendment, so we am not saying we cannot get the 60 those who are supporters of the Hatch-

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4813 Kennedy bill will stand up, and I hope terms of Medicaid. We agree with that. I do not see why we should be denied that there are others who may be sup- We would not council our Members not the opportunity to let the Senate work porters who will think this through to vote for that. We agree with that. its will. We are completely within our and realize that it is a good amend- We hope we will have an opportunity rights in offering it. We are within our ment to support. after that amendment is completed to rights to expect we would have a reso- I yield the floor. vote on our amendment. lution. This is a matter of enormous The PRESIDING OFFICER. Who As I understand, the Senator from importance and it has overwhelming yields time? New Mexico will ask for recognition support of the American people. Mr. KENNEDY addressed the Chair. and he will put in another amendment. Mr. HATCH. Will the Senator yield? Mr. LAUTENBERG. Mr. President, I He can do that. That amendment will Mr. KENNEDY. I am happy to yield yield 10 minutes to the Senator from be accepted and we will be right back to the Senator. Massachusetts. to a point where we can offer our Mr. HATCH. I have been listening to The PRESIDING OFFICER. The Sen- amendment again. We can do that the Senator and I think anybody who ator from Massachusetts is recognized. again and again and again and again understands the parliamentary situa- Mr. KENNEDY. Mr. President, with and again. The question then becomes, tion knows we can get a vote. It may all due respect, I think the position of why can we not have the vote on this take a few days, but we can get a vote. the chairman of the Budget Committee particular measure? Why can we not go I do not want to have that kind of a is to deny us an opportunity to get a ahead and have the vote on this meas- confrontation, but if that is the way it vote on our particular measure. ure? We believe very sincerely that it is, then that is the way it is. I am pre- I listened with great interest to what is not inconsistent with the budget res- pared to accept the Domenici amend- he said. He said that, ‘‘I think three olution. ment and probably some of the future The Senator from New Mexico has mature adults would be able to look at amendments, and I am prepared to not told us about how this would re- this amendment and make a judgment vote. duce the possibility of a capital gains that it’s inconsistent with the budget That still does not resolve the prob- tax. He has not stated that our amend- agreement.’’ We have more than that lem that the distinguished Senator and ment will eliminate the possibility of number here that are prepared to vote I have been trying to solve, am I right? increasing the estate tax exemption. on that issue. We think that at least Mr. KENNEDY. The Senator is abso- He has not said it will compromise our 100 adults ought to be able to vote on lutely correct. We have made our case. opportunity to do something about that issue and make a judgment. We We have strong support on both sides IRA’s or the education tax. He has not have tried to address the concerns that of the aisle. All we want to do is get were raised concerning the consistency said this will cut back on the issue of spending cuts, because, as he knows, the Senate to work its will on an issue of our amendment with the overall involving the coverage of health care budget agreement, and we did address the final amount as mentioned in the reported $138 billion, will be included for children which will be paid for with them earlier. a cigarette tax. I want to point out that the budget in the first downpayment and installa- tion. None of this is altered or changed Mr. HATCH. May I ask my colleague resolution is the right vehicle for this another question? Is it not correct that measure and I am sure that the Mem- by our amendment. Mr. President, we have to come back all we are saying here is that we would bers are aware of this. I listened and to the issue here. The issue is whether like to have a vote, win or lose, on our watched how the Senator from New the Senate of the United States will go amendment today? If we win, that Mexico was looking over at the Sen- on record this afternoon in saying we makes it easier for us to go through ator from Utah saying with great fan- will provide a very modest increase in the process. Naturally, any good legis- fare, ‘‘You can raise these issues at any the cost of cigarettes, 43 cents a pack, lator should want to do that if you time. You’re a member of the Finance that will convey direct health benefits really believe in what you are doing. I Committee.’’ Of course, as the Senator to millions and millions of children have to say both of us believe in what from New Mexico knows, measures discouraging them from smoking and we are doing. dealing with raising a tax must begin providing $20 billion over the next 5 That is true, is it not? in the House of Representatives, not in years to help States pay for children’s Mr. KENNEDY. The Senator is cor- the Senate Finance Committee. health coverage. States can then make rect. This will be the most important So to raise the tobacco tax, we need the decision as to whether or not they vote in this Congress on children’s to amend the revenue bill. The Con- want to participate. It will also provide issues. This vote we are about to either stitution requires tax bills to originate a $10 billion deficit reduction. have an opportunity to conduct or be in the House, the reconciliation bill That does not do violence to the denied that opportunity, will be the created by the budget resolution will budget agreement. This is not an most important vote in this Congress. probably be the only revenue measure amendment that says we want this There is no question about that. considered this year. coverage, now you find the revenues. Mr. HATCH. Will the Senator yield? We ought to understand substance of We are not taking the revenue out of Mr. KENNEDY. I am happy to yield this debate. This is not a case where we any particular area. This amendment to the Senator. will be able to address this tomorrow, is self-funded. It is probably one of the Mr. HATCH. I normally would not next week or 2 months from now—this few, or only, self funded initiatives get this argumentative, but, to be hon- is it. For the parents of children that that will be offered this session. Maybe est with you, I have heard some of the need health insurance, this is the op- others will come down. worst arguments against this bill that portunity. Now is the moment. Today That is the issue. I hope the leader- I have ever heard in any Senate pro- is the day in the U.S. Senate. Unless ship would not deny us the opportunity ceeding. we provide for the tax in the budget for the Senate to express its will. It is This morning I read a New York resolution, we will not have an oppor- 10 minutes to 2:00. We were scheduled Times article, ‘‘Citing Lost Cigarette tunity to offer the amendment later. to debate from 9:30 to 11:30. We had Revenue, GOP Fights Child Insurance.’’ This budget is not only the right place speakers ready to speak and we were I could not believe what I read: for this amendment, it is the only ready to vote at 11:30, and now at 10 Republican senators today attacked a chil- place for this amendment. That is why minutes to 2 o’clock we are told we will dren’s health insurance bill, saying the high- this debate is so important. have one underlying vote and maybe er Federal tax it would put on tobacco would We were prepared to vote a few mo- another. I think the message that will cost the states more than $1 billion in rev- ments ago, and we are prepared to come out of this debate is that the Re- enue annually by cutting cigarette sales. move now to reach some conclusion. publican leadership refuses to let the The measure, proposed by Senators Orrin Given the reasons I outlined, I urge G. Hatch, Republican of Utah, and Edward Senate of the United States vote on a M. Kennedy, Democrat of Massachusetts, that we support the Domenici amend- children’s health care issue. I think calls for raising the current 24-cents-a-pack ment. What that will do is restate what that would be very unfortunate—unfor- Federal tax to 67 cents to pay for subsidized is in the budget agreement, which is tunate to the children and unfortunate insurance for children of the working poor. the $16 billion in the restoration in to the parents. The sponsors of the bill intend to offer it on

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4814 CONGRESSIONAL RECORD — SENATE May 21, 1997 Wednesday as an amendment to the budget Medicaid funds attributable to to- this game, we can just have one vote resolution. bacco-related illnesses would agree after another from here on in until the Here is where it is interesting: that a decrease in tobacco consumption end of the process, and we will finally The Republican Policy Committee, an arm is a bad idea. get our vote. If it means day and night, of the leadership, today called the spon- It seems to me that the title of the I will be here. I have done it before. I soring Senators’ intentions ‘‘admirable’’ but May 16 report, ‘‘Unforeseen Effects of can do it again. misguided, ‘‘because states depend to a great the Much-Touted Tobacco Tax Should All I want is some consideration for degree on excise tax revenue.’’ The com- Be Changed,’’ frankly, it would be bet- our side. In all honesty, I don’t think mittee estimated that decreased smoking re- ter titled, ‘‘The World Turned Upside we have had much. We are talking sulting from the tax increase would cost Down.’’ I will be interested to know about kids here. We are talking about states and localities $6.5 billion over five the poorest of the poor kids not on years. what the experts on the Joint Tax ‘‘Even if one believes that decreased de- Committee and other groups, how they Medicaid, and about Medicaid kids, mand for tobacco is positive from a societal will view this RPC analysis. too. We are talking about doing some- view, it still has negative fiscal aspects for If I were not just a humble country thing right—doing something for peo- the States,’’ the committee said. lawyer from out West, I would almost ple who cannot help themselves and Let me tell you, that is really some- get the feeling that somebody told the doing it by raising money from the in- thing. I had just heard about this re- analysts at the RPC to trash the to- dustry that is causing a lot of the trou- cent policy analysis put out by the Re- bacco tax in any way possible. I have bles. publican Policy Committee about the been around here for 20 years, better I also have to tell you that 72 percent ‘‘unforeseen effects’’ of the tobacco than 20 years. I have been trashed by of all adults in this country think this is the right thing to do. And even 50 tax. I was not exactly proud to be a Re- more gifted analyses than this. publican under those circumstances. I Let me close this portion of my percent of all smokers think it is the right thing to do. am sure some of my colleagues wish I thoughts by saying that if I could get a There isn’t a better tax cutter in this were not today. list of Senators who are withholding body or one more zealously devoted to But I am going to be because I be- support of our amendment due to the it than ORRIN HATCH. Don’t tell me lieve in the Republican Party and I be- reasoning contained in the RPC docu- about raising taxes, or cutting taxes. lieve in what we stand for and I believe ment, I would immediately enter into I have been for every tax cut I can in taking care of kids. I believe in help- discussions with my cosponsors. I get. I was one of the few who voted ing those who cannot help themselves. think it is probably safe to say that if against the 1986 tax increase in the Let’s start taking the money away this is what it takes to attract more Reagan years and the Bush tax in- from those that can but won’t help supporters to our measure, we can crease when it came up. I voted against themselves. probably shift some of the funds that even though I was brought down As my colleagues may be aware, on marked for Federal deficit reduction to to the White House and asked to vote April 23, the Republican Policy Com- indemnify the States from potential for it. I sincerely told the President I mittee issued a report entitled, ‘‘The revenue losses to any decrease in to- couldn’t do it. Complex Problem of Insuring Unin- bacco uses. So I have the credentials on tax cut- sured Children.’’ This report, revised Who are these Senators? Senator ting. I was one of the original supply- on May 1, noted that this is the first in KENNEDY and I would like to talk to side proponents and went all over this a series of RPC papers devoted to this you. country to 36 States for then-Governor issue. We can only hope that this most Now the Republican Policy Com- Reagan arguing for tax cuts. recent May 16 piece of tortured logic is mittee is implying that it is more im- Here we have something that could the last of this series unless more com- portant to preserve tobacco excise be done to rectify some of the problems pelling analyses are forthcoming. taxes than the health of our children of our society without a cost to 80 per- Here is the point that is entirely because we will get people, especially cent of American taxpayers—only missed. It would be a great thing for children, to quit smoking in the proc- about 20 percent would pay this—and the public health of this country and ess. We know that every time smoking you would think the whole world was particularly for the health of young goes up 10 percent, 7 percent of the kids coming to an end. Americans if tobacco tax revenues will never touch a cigarette. I really believe that if big tobacco dropped substantially because tobacco Are we to sacrifice people’s health were smart, they would come and say is the single greatest preventable and lives to preserve tobacco excise we ought to do this. People out there threat to our Nation’s public health. taxes? Would we rather have excise would respect them, and there would be No one should be so protective of taxes than healthy citizens in our more of an interest in trying to work lower tobacco taxes because the taxes States? Those who argue this way seem out their difficulties with them. might raise more revenues, any more to want to maintain big tobacco reve- I have to say that I am getting a lit- tle frustrated. This is an important than the public would support appoint- nues at the expense of the life and ing Dr. Kevorkian as a Surgeon Gen- issue. It shouldn’t be treated trivially. health of our citizens. So we will just see what happens. Un- eral in an attempt to achieve Medicare Now, I find this appalling because all less I can be shown some better way of savings. ENNEDY Senator K and I are offering is getting this amendment considered and I look forward to economists study- legislation that will result in good having an up or down vote on it, then ing in detail the analyses of the May 16 health for smokers and which will help we are just going to keep fighting this RPC paper. It seems to me that the to- children. The arguments of the oppo- battle until we get that vote. bacco companies would have liked to nents are logically flawed. Their inter- I am open to the suggestions of my have been able to have included this est in maintaining State tax revenues colleagues. I am open to sitting down somewhat mysterious line of reasoning at a certain level is more important to with them to talk to them and see in their public comments to the FDA them than the health and welfare of what can be done. But until then, this rules pertaining to the regulation of the citizens in our States. is the way it is going to be here. tobacco sales to minors. When it gets to the point that we are We may lose here today. But, if we I wonder how much of the supposed so ideologically constipated that we do, it won’t be for the lack of trying, $6.5 billion in lost revenues to States place the preservation of State tobacco and it won’t be the last time we try ei- that they say will happen comes in the revenues above the welfare of our ther. It isn’t going to end, even if it is form of illegal sales that are quite lit- American citizens, then we need to right up to the end of the Congress. I erally poisoning and hooking our rethink our philosophy. I have to say I just want to notify everybody now. I do youth. I also want to know what Gov- would have been willing to sit down not want any arguments next year that ernors publicly take the position that and discuss this matter with anybody, somebody is going to be hurt by this State tobacco revenues are more im- reasonably, on how to handle this. debate because I have notified this portant than the public health. I doubt I have to admit that I am probably body that I plan to press the issue. many of the 20-plus attorneys general irritating everybody around here. But I I want to thank my colleague from involved in lawsuits to recover State am irritated, too. If you want to play Massachusetts for yielding to me.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4815 I yield back to my friend from Massa- The PRESIDING OFFICER. The time will read it to you. ‘‘The elements of chusetts. for the sponsor is 16 minutes 51 sec- this bipartisan agreement provide for The PRESIDING OFFICER (Mr. onds. deficit reduction amounts that are es- HELMS). The Senator from Massachu- Mr. DOMENICI. I yield myself up to timated to be the result in the bal- setts. 5 minutes. anced budget by 2002.’’ Mr. KENNEDY. Mr. President, I will The PRESIDING OFFICER. Five It proceeds then to say that there is take maybe 3 minutes. minutes is yielded to the Senator from a tax—a summary of the agreement. It Mr. LAUTENBERG. Mr. President, New Mexico. is in a chart form. The agreement then how much time do we have? Mr. DOMENICI. Mr. President, I proceeds to say that the majority lead- The PRESIDING OFFICER. The Sen- would like to make just two argu- er, the minority leader, the President ator from Massachusetts has 1 minute ments. of the United States—as I indicated, 40 seconds remaining on the amend- The first one is somewhat in response maybe not the Vice President, because ment. to my friend, Senator HATCH, for whom maybe he is not bound by the Presi- Mr. LAUTENBERG. I yield the time I have great respect. dent—but it says that this agreement, to the Senator from Massachusetts. Mr. President, I think it is incon- as contained in this piece of paper, Mr. KENNEDY. Three minutes from sistent with the facts of the agreement these numbers, governs and that any- the bill. between the President and the Con- thing that will be offered that is incon- Mr. LAUTENBERG. I yield 3 minutes gress for any Senator to stand up here sistent will be opposed. from the bill. on the floor and talk to the American I say to Senator HATCH that his The PRESIDING OFFICER. The Sen- people as if their proposal is the only amendment takes this agreement, this ator from Massachusetts. one that is going to take care of chil- Mr. KENNEDY. Mr. President, I just one right here, and it changes two of dren in America. That is not true, want to commend my friend from Utah the numbers right off the bat—the $85 whether it come from my distinguished for presenting what is the real issue be- billion on the tax cuts is changed by friend, the senior Senator, Senator fore the U.S. Senate at this moment, his amendment. In fact, it is reduced HATCH, or from whomever. The state- and for making such a convincing case by $30 billion. Excuse me. The Presi- ment should be that they think they in support of this amendment which dential initiatives, a line here, $31 bil- have another way to do it. But to try will provide health insurance for chil- lion, you have altered that by adding to look out there and say to America dren. $20 billion. this is a serious issue, it is about kids, Mr. President, I am having trouble So now I don’t believe anybody ought as if to say the agreement we made understanding why our majority leader to be taking the point that the major- with the President isn’t about kids. is not willing to let us vote on health ity leader of the U.S. Senate, or minor- So we are not going to stand here and insurance for children financed by a ity, or our whip, or myself as chair- let that occur without telling the cigarette tax. I am just wondering why man, that when we say this does break American people that that just isn’t so, he is hesitating. What are we afraid of? the agreement, I cannot conceive how no matter how or under what cir- Why can’t the Senate decide by a ma- anybody could say that they have an- cumstance my good friend, Senator jority vote whether our national pri- other interpretation that says it HATCH, desires, or speaks it on the ority is to children or to tobacco com- doesn’t. That makes it a very impor- floor of the Senate. We are just as panies? Why can’t we vote on whether tant event. much about kids as his proposal is. For the Senate stands with children or Would Senator NICKLES like to speak him to stand here and imply that that with Joe Camel and the Marlboro Man? for a few moments? I think we ought to move ahead and isn’t the case is just not fair. The PRESIDING OFFICER. The Sen- We believe in the agreement with the have a vote. That is what the regular ator from Oklahoma. President, although we would do it a order would be. We don’t take any sat- Mr. NICKLES. Mr. President, I want different way. We wouldn’t send the isfaction in just urging the Senate to to echo the comments made by my col- money to the Labor and Health and accept the amendment of the Senator league from New Mexico. This is even Human Services Committee. We would of New Mexico. The only thing we are more important than the budget agree- send it to the Finance Committee. But trying to do is get a vote on our par- ment. we believe we took care of the kids who You are only, in the Senate, as good ticular amendment. I certainly hope are going to be uninsured during the as your word. There is a document that that cooler heads of leadership will at next 5 years of this budget agreement. says we are going to have net tax cuts least permit us the opportunity to do So I just want in my first observa- of 85. This makes net tax cuts 55. There so. tion to say, yes, this is about kids. Yes, Mr. President, my time has expired. I is an addendum that says there is it is about uninsured kids in America. urge all of my colleagues to vote in going to be a kid care initiative that And, yes, we cover them. If we want to favor of the amendment of the Senator costs 16. This amendment makes that talk about another issue, a cigarette from New Mexico because it is a re- kid care initiative 36. tax, which this amendment does not This is not the agreement. If people statement of what is in the budget res- guarantee—in fact, there is every rea- on the other side are now saying this is olution bill—$16 billion for needy chil- son to believe that, if you adopt it, the consistent with the agreement, that is dren. We are in strong support of that Finance Committee of the U.S. Senate not the case. And it really does unravel proposal. Mr. HATCH addressed the Chair. and the Ways and Means Committee of this deal. It is beyond me. The PRESIDING OFFICER. Who the U.S. House need not adopt it. I would like to think that people yields time? So to make like that is the issue, would have more credibility in their Mr. HATCH. I ask unanimous consent like something in this amendment is word and would say, ‘‘I will always tell that I be allowed 30 seconds. going to get you cigarette taxes— you the truth.’’ If people are going to The PRESIDING OFFICER. Without which I am not against, incidentally, I say this doesn’t break the deal and the objection, it is so ordered. am not against them—but that just Vice President is going to come down Mr. HATCH. Mr. President, I also isn’t what the amendment does. You and say this is consistent with the suggest that everybody vote for this can talk about some bill you have in deal, then we don’t have a deal. Some amendment. That is fine with me. We mind, but this is a budget, not a bill. people are just evidently quite happy will just vote for it. I am prepared to My last point is this. I defy anyone— to break it up and make sure that we take it, but if not, then let’s vote, and and I urge my good friends who would don’t have a deal. we will go from there. like to take the position that this I will go further to say that this is Mr. DOMENICI addressed the Chair. amendment is not inconsistent with consistent with the deal. I can cer- The PRESIDING OFFICER. The Sen- this agreement. I would like them to tainly have an amendment to cut dis- ator from New Mexico. do just one thing. I ask my friend, Sen- cretionary spending by $20 billion and Mr. DOMENICI. Mr. President, could ator HATCH, to do just one thing: Just increase the tax cut by $30 billion. I you tell me the time on the Domenici get the bipartisan agreement when you would like to offer that amendment. second-degree amendment? have a moment. Look at item No. 1. I Tell the majority leader, I would like

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4816 CONGRESSIONAL RECORD — SENATE May 21, 1997 to offer that amendment. I think we them. I might help them draft it. But It is our position that when it says in spent too much money on the discre- they cannot come in and say, hey, we this budget agreement if bills, resolu- tionary side, and I think we didn’t cut are going to change the net side of this tions or conference reports are deemed taxes enough. It wasn’t my intention tax cut as this amendment proposes to to be consistent—I think our minority to offer that amendment because it do from 85 to 55. They cannot do it. It leader had indicated how it is con- would be inconsistent with the deal. is not consistent. It is a deal-breaker. sistent, because the budget points out I want a balanced budget. I want This says the agreement is not worth we are taking $16 billion to look at the some tax relief. But this amendment, if the paper it is written on. And if the Medicaid. We are looking at those indi- it passes, tells me there won’t be a President is going to come down here viduals who are just above the Med- budget. It tells me that people who and endorse it by his vote, or his effort, icaid, the working poor, looking at ‘‘negotiated in good faith’’ can say that his presence, that means we have a real those children. A child is a child. We this is consistent. Frankly, that both- credibility problem. We have a real should not say, OK, it is all right, it is ers me more than the amendment. It credibility problem. consistent with that. If you are going bothers me a lot. You have to be as This amendment is not consistent to be below a certain level of poverty, good as your word. with the agreement, and I do not think it will be 85 percent above the poverty, There is a package here that says anybody should make that allegation. and say, well, that is completely incon- here is the agreement. It says kid care, This is a budget-breaker. This amend- sistent. The American people are not $16 billion. It didn’t say 36. It said net ment basically says we do not want a going to buy that. The American peo- tax cuts 85. It didn’t say net tax cuts budget this year. ple are not buying that. That is an ab- 55. I do not want to go to my constitu- Mr. President, I yield the floor. solute phony, fake argument. ents and say it was going to be 85 but Mr. KENNEDY addressed the Chair. This is consistent because it is look- now it turned out to be 55. But, boy, we The PRESIDING OFFICER. Who ing after needy, poor children—that is got gypped. We didn’t do what we said yields time? the issue—paid for by a cigarette tax. we were going to do. Mr. KENNEDY. If the Senator from If you do not want that and want to op- We ought to at least try to do what New Jersey will yield 3 or 4 minutes, 5 pose it, at least say let us go ahead and we said we were going to do, but yet we minutes. vote and take that position. But we have not been here 1 day and people are Mr. LAUTENBERG. I yield 5 minutes have been on it now since 9:30 this undermining this agreement and, to the Senator from Massachusetts morning. It is 2:30. We are denied the frankly, making allegations that this from the resolution itself. opportunity to let the overwhelming is consistent with the package when it The PRESIDING OFFICER. The Sen- majority of the American people have absolutely is not. ator is yielded 5 minutes. a vote on it. If this amendment should pass, this Mr. KENNEDY. As Senator HATCH Seventy-five percent of the American is one Senator who will not be sup- and I have pointed out, this is basically people support this. And if they are portive of this package. And it bothers budget neutral. I included earlier in watching television today, they are me because I want to balance the budg- the RECORD the assessment of the Joint saying, why can’t the Senate of the et. I want to provide some tax relief. I Economic Committee, and what we United States at least vote it yes or want us to help save Medicare, and I have demonstrated is that the expendi- no? We are being denied that. Quite think the net result is the passage of tures that will be used in order to pay frankly, the children who have been de- this amendment says there will be no for the program will be raised by the nied that health insurance, unable to budget package this year. increase in the cigarette tax. get it, have been very patient. Their I hope people are aware of this when The opponents of this amendment parents have been very patient. They they cast this vote. I hope they do not cannot have it both ways. You cannot are very patient every single night think this is just a free vote. I hope spend half the morning saying we are when they are concerned about those they do not think the rest of the people against the increase in the cigarette children. They are spending all night, are going to run over on this side and tax and then in the afternoon say, well, all day, every day. We can certainly be put this budget resolution together and this is going to somehow diminish the patient, too, if the parliamentary proc- pass a net tax cut of 55. I do not think whole budget agreement in terms of ess is going to deny us that oppor- that will be the case. I do not think it revenue. tunity. The majority has the right of will happen. So I hope people will rec- That is what they have been saying. recognition, and they can put on an- ognize we are not talking about trivial, That is what opponents have been say- other amendment; we are supporting little things, that we have legislation ing. this. Then they put on another. But in here that encompasses the Hatch- The fact is, as everyone in this body eventually that slot is going to open up Kennedy bill, but we do have language understands, this is revenue neutral. and Senator HATCH and I are going to that says we are going to have a net This is revenue neutral. I have said if be here to fill it. tax cut of 55. There is a $30 billion tax they can come in and find out where That is where we are, Mr. President. increase. our amendment is going to reduce the We just cannot understand why here, If somebody wants to raise taxes— capability of the Finance Committee after all these hours, with this issue and I hear my colleagues talk about and the Ways and Means Committee to and debate, somehow some Members on this—if they want to raise taxes on to- affect the estate taxes, capital gains, that side are saying, if you pass a small bacco, very easily they can wait until IRA’s, student assistance, let them health insurance program for needy the reconciliation bill comes in the make that case. You cannot do it. You children, 10 million children, that is Chamber. The reconciliation bill, con- cannot do it. I listened to the rhetoric, paid for, it is going to end the whole sistent with the budget package, will and it still does not stand. budget deal. That is what they are say- have a net tax cut of $85 billion. If they Mr. President, the real issue I think ing. They are saying, if you provide want to have an amendment to that is whether we in the Senate, on the one enough money for 10 million children, tax cut that says they want to raise vehicle that can make the difference, the world is going to come to an end. cigarette taxes and cut other taxes, are going to have an increase in the to- We are ending the budget deal. We will that is consistent with the package; bacco tax and have a children’s health never get to a balanced budget. they can do that. They cannot come in insurance program. That is what we Mr. President, they cannot be such and say, we want to spend an extra $20 are talking about. That is what we are strong defenders of Joe Camel. billion in kid care that is not con- talking about. That is where we are, Mr. President. sistent with the package, but they I have increasing frustration with I hope we can move ahead. We are could do that. And then they will be why the majority leader and the chair- going to try to point this out all the playing with the real bill. They are man of the Budget Committee are re- way along the line, but I hope we can talking about real bullets. They are fusing to let us do so. We can make up move ahead and get to some judgment. talking about taxes. our own minds. The case has been set. Mr. DOMENICI addressed the Chair. If they want to raise cigarette taxes People have listened to the debate. Let The PRESIDING OFFICER. The Sen- and cut other taxes, I might support them make up their own minds on it. ator from New Mexico.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4817 Mr. DOMENICI. How much time money to buy an insurance policy for can cover all 5 million children with would the Senator like? every child in America that we are try- the $16 billion we have. Mr. GRAMM. Why not give me 5 min- ing to target here, even up to families Finally, let me say that it is discour- utes. that make $48,000 a year, where 82 per- aging to see a budget deal that com- Mr. DOMENICI. I yield up to 10 min- cent of those families already have pri- mits to $16 billion of brand new pro- utes to the Senator off the bill. vate health insurance policies that grams, little baby elephants that are The PRESIDING OFFICER. The Sen- cover their children, is that not just going to grow, and we cannot pay ator from Texas is yielded up to 10 enough? Isn’t one insurance policy the bills we already have in Medicare minutes. enough? Why should we have in this and Medicaid and Social Security. But, Mr. GRAMM. Mr. President, in all of bill enough money to buy three insur- even for many of our Members, the $16 this passion, in all of our efforts to ance policies? billion is not enough. The ink is not vilify cigarettes and talk about taxing That is what the debate here is even dry on the budget deal and here them, I think we have really forgotten about. If we simply want to say how we are, talking about busting it big a fundamental fact, and that is that we much we want to deal with this prob- time. It has to be very discouraging. already have more money in this budg- lem, maybe this amendment has some Defeating this amendment, it seems et than we need to buy an insurance relevance. But the plain, honest-to-God to me, is the reasonable thing to do, policy for every child in America for truth is, it is going to be hard in any unless you really believe that it is just whom we are seeking to provide health rational manner to spend the $16 bil- important that you be able to say to coverage. lion we have already provided. If we people: Not only did I want to insure Let me go back and try to remind just simply went out and bought every people, but I wanted enough money to people of what this whole debate is child in America that qualifies in this do it several times over so we can do it about. What this whole debate is about 5 million children problem that the just as inefficiently as we wanted to is that the President, after looking at President has defined, we have more and still reach everybody. Unless that various statistical estimates, con- than enough money already to do it. gets you something at home, don’t cluded that if you look at every family Why do we want to add $20 billion waste this $20 billion. Don’t vote to in America with income up to 300 per- more? Could we not use that money for raise taxes and spend this money. We cent of the poverty level, and I remind some better purpose? Could we not let already provide the funds necessary to you, for a family of four that is $48,000 families keep the money and invest it serve the children we seek to serve. a year of income—I say to our distin- in their own children and their own fu- I yield the floor. guished majority leader from Mis- ture? The PRESIDING OFFICER (Mr. sissippi, that is higher than the per So I just want to remind people, in HELMS). Who yields time? capita income and family income of his all of this passion about how we want Mr. DOMENICI. I yield off the bill as State—that if you look at families up to pound our chest and say how much much time as the distinguished major- to 300 percent of poverty, there are as we care about children, we have al- ity leader desires. many as 10 million children in America ready have enough money in this reso- The PRESIDING OFFICER. The ma- who are not covered by either Medicaid lution to buy an insurance policy for jority leader is recognized. or private health insurance. all 5 million of the children that the Mr. LOTT. Mr. President, I thank the Now, what the President has done is President has targeted and that we Senator for yielding me that time. We set the goal, recognizing that 3.3 mil- have agreed to. We clearly could do the don’t want to go over everything that lion of these children already are or job for much less than we have already has been said two or three times this will be qualified for Medicaid—they committed to spend. But the point is, afternoon, but let me again make it just had not signed up—the President why spend three times as much as is very clear, if the Kennedy health care set out a goal of coming up with a pro- required to simply buy the insurance proposal had been in this budget agree- gram that helps 5 million more chil- policies? There is no logical reason for ment, I would never have agreed to it. dren to get private health insurance. doing it. All we are doing is bidding I would have never signed on to it. This I would like to remind my colleagues with each other for spending money. is a new entitlement program. It is that the cost of a private health policy I would like to note, finally, two ad- money on top of what is in the budget for a child, looking at various data ditional things. No. 1, I am not for this agreement. As a matter of fact, I agree that is available, averages about $500 budget agreement, and I am going to be with the Senator from Texas, what he per child for a fairly standard policy— in the Chamber when this amendment just said, the $16 billion was more than lower with a higher deductible, higher is disposed of telling people why I am I thought was necessary. But it is in with a much lower deductible, but basi- not for it. But I am not going to vote the agreement and the Finance Com- cally $500 per child. We could go out for the Kennedy amendment to try to mittee is already working, I am sure, and buy an insurance policy for all 5 kill this budget agreement. And I hope on ways to deal with those children million children in America that we there is nobody on our side of the aisle, that might, in fact, be uninsured or not want to cover, and we could do it for if this vote turns out to be very close, covered. They have the opportunity to less than the $16 billion that is in this who is going to cast a vote for the Ken- do that. And there is enough money in bill. nedy amendment thinking, by doing here to do it. So why should we pass an amend- that, they are going to kill all the bad But, now the Senator comes in here ment—unless we just get some pleasure things in this budget agreement that and makes all kinds of threats about from spending money, why should we we are not for. I have never found that how we will go on and on and on today, pass an amendment to raise it up to $36 I was smart enough to game the sys- until we get a vote—I guess he pre- billion, which would allow us to buy tem and end up where I wanted to be on sumes to put this in there. And then three policies for every child in Amer- that basis. the argument is made that this does ica that we are trying to help. What So we are going to have an oppor- not change the agreement. could possibly be the purpose of such tunity on final passage to vote ‘‘no’’ if Would it change the agreement if an an amendment? What is the purpose of we are going to be against it. I am amendment is offered to cut spending, the Kennedy amendment when he going to offer amendments that which I think should happen—there is started out saying we need $20 billion? present another vision. But what I not enough spending restraint in this The President started out with a pro- want to urge my colleagues to do is to agreement—and add it to tax cuts? I gram that was less than $10 billion. We look at this amendment and see we al- would be inclined to vote for that, ended up with a budget that was $16 ready have more than enough money to want to vote for that. That would be billion. But the amendment does not buy the children’s insurance policies the right thing to do. But that would say we will take it to $20 billion. The that we need. So let us stay with the clearly change the makeup of this amendment says take it to $36 billion. amount we have in the bill. As chair- agreement. Now, is there no limit on the amount man of the subcommittee that is going So, to now say that this does not of money that we want to spend? If we to be instrumental in trying to put the change it, that it is revenue neutral, already have in the budget enough bill together, I would attest that we when in fact it adds a tremendous

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4818 CONGRESSIONAL RECORD — SENATE May 21, 1997 amount of money to the area of child our bill does not interfere with the in- Cross/Blue Shield Caring program for health care—the Senator from Massa- novative programs in Utah and many children, which serves over 1,000 chil- chusetts wants a Government takeover other States which are doing so much dren. This program provides a base on in this area. That is what really is at to help children get health care. which to greatly expand subsidized pri- stake here. He knows this clearly is be- I think it is important to underscore vate health insurance coverage. yond what was included in the agree- that even with the great Caring pro- And I know this is true, because I am ment and it would completely unravel gram, there are still 56,000 kids in Utah one of those who helped get that pro- it. What will come out of this is we will who are not covered. This is in spite of gram up and running. reach a point where we will not have a the Utah Governor’s substantial efforts I might also add, just for my good budget resolution. I think that would as well. And I might add that through- friends and colleagues, the distin- be a real tragedy. But I want to make out the country similar efforts are oc- guished majority leader and the Sen- it clear, I am opposed to this amend- curring. ator from New Hampshire, the Utah ment, No. 1, because I think it violates If the Senators believe that the lan- program has endorsed the Hatch-Ken- what we agreed to, but, also, I am op- guage of my bill is not clear on this nedy bill. I think that is just some- posed to the Kennedy-Hatch approach point, I am open to suggestions on thing that needs to be said. here. I think it costs too much money. what we can do here. Mr. LOTT. What the Senator from I don’t think it is the answer to the But I think that a much larger point Utah is trying to do, along with the problem. bears repeating. The budget includes a Senator from Massachusetts, is man- The Finance Committee can work on reduction in spending of about $14 bil- date how this problem should be ad- this and come up with solutions that lion for Medicaid. Clearly, everyone dressed and add more money beyond will get the job done for those children recognizes that most of the reductions what is needed to get the job done, and who do in fact have a problem. So I do will probably come from the dispropor- to put it in the budget resolution. We not think it is fair to imply we are not tionate share program, or DSH. There had lengthy discussion about how to concerned about this area and we can- are not many other offsets within the deal with this. Meeting with the Presi- not deal with this problem. It is just Finance Committee. dent’s representatives, talking with the Kennedy-Hatch proposal is not the At the same time, the budget in- the President, we came up with what be-all and end-all. There are other pro- cludes $16 billion in new money for we thought was a reasonable com- posals out there: 100 percent deduct- children’s health care initiatives. It promise in terms of the amount of ibility or 80 percent deductibility of seems reasonable to assume that the money, $16 billion, without the Govern- the cost of this health care is one way Medicaid reductions will come from ment takeover provisions, without the to go, with more flexibility for the DSH—which, after all, is a program for Federal mandates. I have information States. Why, the States are already the poor—and the increase will be here that indicates there are five new using that flexibility to make sure given back to the poor in the form of major Federal mandates included in children are covered. In the State of Medicaid improvements or a manda- this bill, which will, in fact, complicate Utah already the Governor, with lim- tory grant program. the job of insuring the children. ited flexibility, has been able to make So it looks to me like a fairly good We have an adequate amount of sure that a third of the children that percentage of the $16 billion in new money. We are saying to the Finance were not covered are in fact covered. money will end up being taken from Committee and the Members of the That was pointed out in a Wall Street another program serving poor children Senate, in a subsequent vote that we Journal article in April of this year. and seniors. will have on a reconciliation bill, that Mr. GREGG. Will the Senator yield Don’t get me wrong. I think it is a there is an area where we need to help for a question? wonderful thing for the budget to in- children who are not covered. We have Mr. LOTT. I am glad to yield. clude the $16 billion. the funds to do it. And for them to Mr. GREGG. The Senator points out But if you analyze the numbers, you come up with proposals. the State of Utah already has a pro- will see that that amount probably will They will be able to do that. But, no, gram where they are attempting to cover the 3 million kids who currently the Senator is saying: Do it our way cover uncovered children, as do 32 qualify for Medicaid but are not en- and do it with an additional $20 billion. other States. rolled, and maybe even a few more. But Clearly, this is not going to get Mr. LOTT. Yes. I doubt it will even cover 5 million in through the process. It just cannot, be- Mr. GREGG. Under the language in a meaningful way, as the budget docu- cause we will not have a budget agree- the bill presented by the Senator from ment suggests. ment if this is included in there. I do Utah and the Senator from Massachu- And that still leaves 5, 6, or 7 million not mean that as any sort of threat. I setts, that program would essentially kids who are not covered. just mean, if we start down that trail be overridden. That program would no All I am saying is this. We are not there are going to be other amend- longer exist, because the eligibility re- interfering with any of those 33 State ments offered that then—look, if the quirements are strict, those required programs. This bill does not interfere agreement we shook hands on is going under the Kennedy bill are so strict with them. In fact, it builds on existing to be wiped out here with this amend- that the Utah program would no longer State efforts. ment, where does it stop? There are fit in it and therefore could no longer Mr. LOTT. Mr. President, if I could other amendments pending out there. function. regain my time— There are amendments I would like to This bill would eliminate that Utah Mr. HATCH. If I may just finish? I vote for. I intended, on our side, to op- program, along with 33 other States. Is apologize for taking so much time, but pose them because they were not part the Senator aware of that? let me make this point, since my State of the agreement. I would like us to Mr. GRAMM. Including New York. was mentioned and since I think the have a disaster fund set up in advance. Mr. LOTT. I was not aware that it statements were not completely accu- The Senator from Texas has an amend- was actually that restrictive, but I rate. ment on that. I do not think there are know the Senator, who is a former Under our bill—which as Senator adequate tax cuts in this agreement. I Governor, knows what the States al- NICKLES pointed out earlier is not even think we should have more. ready have been doing and is familiar the subject of our amendment today— If we are going to start doing that, with the specifics of this proposal and participating States would use Federal we will wind up with at great big mess how it would make it even more dif- grants to help working parents with in- on our hands and no budget agreement. ficult to provide the coverage that is comes too high for Medicaid buy pri- That is what is at stake here. Over the needed. vate health insurance or purchase care insistence that we do it the way the Mr. HATCH. Will the distinguished through a Community Health Center Senator from Massachusetts says, to majority leader yield? for their children. add another $20 billion above what we Mr. LOTT. I will yield, yes. So Utah could use the Federal funds agreed to and what is necessary, we are Mr. HATCH. I think it should be under the CHILD bill to supplement going to threaten to take down a pointed out to the majority leader that the current privately supported Blue multitrillion-dollar budget agreement

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4819 that gets us to a balanced budget, that relates to a grant to States to finance brand new major entitlement, and it is has some reforms in it, some restraint coverage for uninsured children—that a mandated entitlement. There is noth- on spending—not nearly enough—and is a good statement of what our bill is ing discretionary about this, nothing some tax cuts, and not nearly enough all about, included in the budget agree- at all discretionary about this. in that area either. I don’t think it is ment, and he is trying to say this is so As I said earlier, if this is discre- worth jeopardizing a multitrillion-dol- far removed—it is difficult for me to be tionary, this has the same relationship lar agreement that the President able to accept. of being discretionary as my golf game signed on to. Finally, just on this point, I listened has to Tiger Woods’. The simple fact is, If he has changed his mind, if he has to my friend from Texas talk about the it has no relationship to discretionary. walked away from this, I think he owes problems, how easy it is to cover all of Let’s talk about a couple specific me, you know, the right to know if these children. It is interesting, Texas events that occurred relative to the that is the case. I expect that before has 1.4 million uninsured children 18 States that get stuck with this pro- the day is out we are going to have years of age or younger; nearly 1 in 4 gram, because they are all going to get some votes. We are going to see wheth- children, 23 percent, is uninsured. It is stuck with this program. Under section er the Democrats are going to live up the second-highest percentage and the 2802, States lose almost all flexibility to holding this package to the way we second-highest total number in the in designing health care programs for agreed to it or not. If you are not, then country. Texas would receive, under kids—almost all flexibility. Under sec- how am I going to be able to do that? our legislation, $2.6 billion to insure tion 2802, programs like the one we I have taken the flak, I have kept my uninsured children with this particular have in New Hampshire, which I de- word. This clearly will defeat the whole program, an average of $655 million a scribed earlier which is covering in its purpose of the agreement and what has year for the uninsured children. demonstration period up to 50 percent already been approved in the House of This is supported by close to three- of the kids we are trying to target Representatives last night in the wee quarters, 74 percent, of the State of without additional public costs, and we hours of this morning, and what came Texas. will get to the 100 percent as we de- out of the Budget Committee on a 17- I respect my colleague from Texas velop a plan under the proposal in this to-4 vote. saying, ‘‘Well, there really isn’t a prob- budget agreement, which gives us the Now we are going to rewrite it here lem out there,’’ but there is a problem additional money to do that, but that on the floor, mandating it has to be out there. There is a problem across plan will be wiped out. And there are 33 done this way. I just think it is abso- the country. All we are saying, all Sen- other States in this country that have lutely the wrong thing to do, Mr. Presi- ator HATCH is saying, is this is paid for; initiatives going forward to address dent, and we intend to resist it all the it is an issue of covering children these targeted youth, targeted chil- way. which is paid for with a tobacco tax. dren, which programs would be put at Mr. KENNEDY. Will the Senator Can we not in the U.S. Senate say, dramatic risk, if not be wiped out. yield 5 minutes on the bill? let us, on this issue, go forward with a I suggest the interpretation of the Mr. LAUTENBERG. I will yield 5 vote? Evidently, we are being denied amendment of the Senator from Utah minutes to the Senator from Massa- this. It is suggested that if we dare to is inconsistent with the amendment’s chusetts. go forward with a vote and we possibly language itself. The amendment states The PRESIDING OFFICER (Mr. are able to convince Republicans, as very clearly—very clearly—that States BROWNBACK). The Senator from Massa- well as Democrats, that this is a na- must comply with the Medicaid cri- chusetts. tional priority, a priority for families teria for supplying health care, and al- Mr. KENNEDY. Mr. President, this in America to provide insurance for un- most in every State, these initiatives debate is reaching the ridiculous. To insured children of the neediest fami- that are going forward do not comply say that one-third of 1 percent—that is lies, that suddenly the whole economy exactly with the Medicaid criteria as what we are talking about in the total and the Nation is in danger. This is a for insurance purposes. So flexibility is budget agreement—the majority lead- simple choice between children and the denied. er—this is going to take the budget tobacco industry, Mr. President. That Not only does that happen, as I men- deal down. We are talking about one- is what we are faced with. It seems to tioned earlier, this amendment is just third of 1 percent spending, over the me we ought to be able to decide on the ultimate in the Federal Govern- next 5 years; over one-third of 1 per- children this afternoon. ment coming in and taking over an en- cent, paid for. Mr. GREGG addressed the Chair. tire sector of health care. It is a na- They say ‘‘Oh, that is going to bring The PRESIDING OFFICER. Who tionalization of health care for, basi- it down because it is inconsistent with yields time? cally, kids and, thus, creating a tre- the budget agreement.’’ Mr. LAUTENBERG. How much time mendous movement from the private Look, Mr. President, I am reading does the Senator from Illinois—do we sector to the public sector with costs, from the budget agreement under want to alternate? as kids will move out of private-sector ‘‘children’s health, paragraph 2.’’ The Mr. DOMENICI. I would like to alter- coverage on to public coverage. funding that is in the program here can nate. How much time does the Senator Not only does that occur, but this be used for this purpose: want? amendment specifically states that A program of capped, mandatory grants to Mr. GREGG. Ten minutes. waivers are rejected now. I have to tell States to finance health insurance coverage Mr. DOMENICI. I yield 10 minutes off you, as a former Governor, it is hard to for uninsured children. the resolution to Senator GREGG. get waivers, but one of the good things That is what our bill is. That is what The PRESIDING OFFICER. The Sen- that this President has done is that he our bill is. It is a capped grant to the ator from New Hampshire is recognized has loosened up the waiver process, and States for uninsured children. It could for up to 10 minutes. Secretary Shalala has been receptive not be any more specific than what is Mr. GREGG. Mr. President, I rise to States that come forward with ideas included in the budget agreement. That again to recall some of the comments I relative to Medicaid and have asked for is what some of the $16 billion could be made earlier, but also to address a cou- waivers. I suspect Utah and I suspect for. So we say: Well, let us add it for ple of other issues that have been Massachusetts—I know Massachusetts, some of those who are the sons and raised here. and I know New Hampshire and New daughters of working families that do First off, I think it is good that the Mexico have all participated in this not make sufficient kind of income to Senator from Massachusetts has fi- waiver process to try to deliver better be able to do it. Now, when the major- nally admitted—I suspect maybe over health care using imaginative and cre- ity leader gets up—all we are looking the active opposition of his colleague ative ideas that the State health agen- for is a vote. We are voting. It is quar- from Utah—that this is a mandated cies develop. But do you know what ter to 3 now, and we are being denied a program. He calls it a ‘‘capped man- this amendment says? It says, ‘‘Tough chance to vote on this issue. He re- dated program,’’ I call it an unfunded luck, States. From here on out, we give fuses. He says if this goes through, this mandated program, but the fact is, we no waivers at all’’—the ultimate regu- one-third of 1 percent on an issue that finally got it out in the open. This is a latory dictatorial action; the ultimate

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4820 CONGRESSIONAL RECORD — SENATE May 21, 1997 excess of the Federal regulatory struc- coverage that is occurring in the pri- progress and where with the underlying ture. vate sector and the capacity of States budget proposal problem will be gen- This is a power grab, pure and sim- to have flexibility, it is just a public erally solved. ple, an attempt to move the issue of policy initiative which is totally incon- So it is about as misdirected a pro- how you finance health care for kids in sistent with what has been the flow of posal as I have seen in recent times, America to the Federal level and, as a events in this country from a stand- probably not since the Clinton health result, it is an outrageous—an out- point of knowing what works and what care plan have I seen a more mis- rageous—new mandated program. It is does not work in the last few years. directed proposal, and I believe that nice we finally have an admission of We have this one other issue that was appropriately rejected and I hope that after all the denial we heard ear- keeps being thrown in our face: We this proposal will be appropriately re- lier, which I found incredible, but fi- have a choice between tobacco and jected. nally we have an admission that this is children. That is not the choice. The I yield back my time. a mandated program. choice is between whether or not we The PRESIDING OFFICER. Who The practical effect of creating this want to nationalize health care or yields time? program will be it is going to cost an whether we want to let the States con- Mr. LAUTENBERG. Mr. President, I additional $20 billion on top of the $16 tinue to participate in the process. yield the Senator from Illinois 5 min- billion already in the budget for this There is no choice on coverage here. utes. The PRESIDING OFFICER. The Sen- targeted population which can be The President has demanded, and we ator from Illinois is recognized for up taken care of, as so appropriately pre- have put in because we believe it is ap- sented by the Senator from Texas, with to 5 minutes. propriate, $16 billion to cover kids, to Mr. DURBIN. Mr. President, I have the $16 billion, which obviously can be cover the targeted population. That is been listening to this debate, and it re- taken care of because the President a fait accompli; it is done. The extra minds me of a lesson I learned in poli- signed on to it and it is his No. 1 pri- $20 billion demanded in this amend- tics many years ago. The teacher was a ority. This is such an insult to the ment, which is going to be paid for by fellow who was my boss at the time in President to bring this forward in this a tobacco tax increase, has nothing to Illinois in the Illinois State Senate by manner, because they are essentially do with coverage. What it has to do the name of Cecil Partee. He was presi- saying the President didn’t know what with is federalization, nationalization dent of the senate. He was an African- he was talking about when he said he of a program. So this does not have American Senator from the city of Chi- could take care of this problem with anything to do with a choice between cago. He used to say, when it comes to $16 billion. kids and tobacco. The kids have al- political decisions, you will always They are saying we need $36 billion ready won. We have already in this bill hear a good reason for a decision, but to do it. The reason they need $36 bil- taken care of that issue. you may not hear the real reason. lion, and $36 billion is an extraor- Now, if the other side were honest We have heard a lot of good reasons dinarily low estimate, is because they about this, they would allow us to di- from the other side as to why they have a nationalization plan. That is vide the question. They would allow us might oppose the Hatch-Kennedy pro- what they are planning, they are plan- to divide the question, and let’s have a posal, but very few of them are willing ning to have all the kids today who are vote on the tobacco tax increase, inde- to articulate the real reason that they in working families who have low in- pendent of this brand new major enti- oppose it. Some have said it is a man- comes but who happen to be covered by tlement. But they are not going to let date, a Federal mandate. You hear the health insurance moving off that pri- us divide the question. I will move to word over and over and over again. I vate sector on to the public sector. divide the question. It will be objected went through the legislation again, and There will be a stampede of employers to. I have to tell you, they should read it essentially saying, ‘‘We’re no longer I am happy to have an up-or-down more closely. This is voluntary. Each going to cover you, you have to be cov- vote on tobacco tax increases. As Gov- State will decide whether to partici- ered by the public sector.’’ That is why ernor, I increased tobacco taxes. I do pate and under what terms they will the price is going up. That is why they think it is an area we should leave to participate. There is no Federal man- need all this extra money. the States, because I do think it is a date, there is an opportunity here for a It is not going to give any child any revenue source most States like to use. State to address a problem, a problem more coverage of any significant na- I know my State of New Hampshire which I think both Democrats and Re- ture. All it is going to do is allow the right now has another tobacco tax pro- publicans would agree is a serious na- Federal Government to take over the posal on the table to pay for kinder- tional health problem: 10.5 million un- program and allow the taxpayers to garten. If this goes through, I suspect insured children in America. These are pick up a large percentage of the costs the projected income from that tax in- kids who do not get the appropriate which is presently being picked up by crease to pay for the kindergarten pro- medical care, the children of working the employer. gram will be severely restrained. families, families that, unfortunately, It is truly an outrage for us—after we These two have been joined together do not have health care benefits that have been down this road for the last 40 in order for somebody to have a nice many of us enjoy. These kids deserve years of seeing Federal programs that little phrase they can put on television the same level of protection, and it have not worked when the Federal at night, but it has no relationship to would be voluntary for each State to Government has federalized them, pro- reality, substance or the manner in determine whether or not they want to grams where the States have been de- which this bill is structured and the participate in the program. livering services, and suddenly the Fed- way it will deliver services, because we Then, of course, there is this argu- eral Government comes in and federal- have, in the bipartisan budget agree- ment that this is not part of the budget izes it and we see they do not work, ment—well, the President has in the agreement. Senator KENNEDY made a and in an attempt to address that just bipartisan budget agreement, with the point very well a few minutes ago that a year ago, we tried to reverse the situ- support of the leadership of the Con- the actual budget agreement before us ation with welfare, for example, and gress, committed to caring for these has a specific reference in every type of move the programs back to the kids and making sure they have insur- program. So if these so-called good rea- States—for us to have proposed before ance. sons—the mandate and going outside us a program which says essentially All this plan does is create a brand the four corners of the budget agree- the Federal Government knows best, new huge bureaucracy which is going ment—are not the real reason, what is States are going to be written out of to, once again, federalize the system, the real reason for the opposition to the process, and we are going to create write the States out of the process, the Hatch-Kennedy amendment? I a huge new cost to the taxpayers of eliminate the private sector effort in think the real reason is very obvious. this country so that some bureaucrats the area and give a Federal bureauc- This is the last gasp of the tobacco here in Washington can control the def- racy new lateral control over an ele- lobby to stop a 43-cent-a-pack tax on inition of how kids are delivered health ment of the economy or an area of the cigarettes. They know what is going to care and in the process wipe out the economy where the States are making happen.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4821 When you raise the price of ciga- Will the Senate have the courage to Senator from Massachusetts say it is rettes, as has been demonstrated in rally behind this Hatch-Kennedy bill? I only one-third of 1 percent of the budg- Canada and so many other countries, certainly hope so. And for good reason et. It reduces 35 percent of the tax cut. children are less inclined to start we can stand up and say to the people That is a pretty healthy hunk. smoking. They cannot afford it. Look of America, we are protecting your One State gets $29 million under this what this means in terms of the impact children, not just with insurance, but bill of the so-called Kennedy-Hatch. upon our public health. Increasing the also with a tobacco tax which discour- And it is $1.4 billion additional taxes to Federal tax by 43 cents a pack is going ages children from taking up tobacco that State. So they do not come out to mean 16.6 million fewer smokers, 5.3 habits. ahead. How do they come out ahead? million fewer children dying pre- I yield back the remainder of my They have to match if they voluntarily maturely and 835,000 children’s lives time. accept it. Under this bill, they have to saved. Mr. FORD. Mr. President, will the match. And they are mandated—man- It is going to mean a lot fewer sales Senator from New Mexico yield me 3 dated—on what they do once they ac- for tobacco companies, too. That is minutes? cept it. what this is about. They know that if Mr. DOMENICI. I yield 5 minutes off I do not understand. People talk we put this Federal tax in place, kids the bill. about trying to save kids. You have an will stop smoking, they are less likely Mr. FORD. Mr. President, it is inter- opportunity to do it. But, no, they to be addicted to the product, and, esting to listen to those who are now so want the issue. They want the issue. down the line, they will not be the interested in tobacco and kids. They Bigger Government, less tax cuts, but steady customers the tobacco industry say, ‘‘Will you support Joe Camel or they do not want to get at the real root needs to stay in business. Joey?’’ For months and months and of the thing and try to begin to work. It is no accident that over 80 percent months we have had a bill here that For months now—month after month of smokers today started smoking be- would embrace all of FDA regulations, after month—you refuse to join with fore the age of 18, over half before the that would do everything to prevent some of us, even from tobacco States, age of 16. When they are immature and kids from smoking. Nobody wants to that want to stop kids from smoking. make a rash decision to start using get on it. Nobody wants to help. We get All you want to do is make an issue out chewing tobacco or spit tobacco or rid of Joe Camel. We get rid of the of it and say, I want to choose between cigarettes, they become addicted to Marlboro Man. Joe Camel and Joey. That is not true, nicotine, an addiction which will claim All you want is an issue. You do not because I have given every Senator one out of three of them in terms of want to solve the problem. So, yes, we here an opportunity to put Mr. Joe lives lost. can get emotional about kids. I have Camel where he belongs, and the Marl- So that is what this debate is about. voted for 22 long years for kids. I am a boro Man. It is about a tax which an industry is grandfather with five grandchildren, I have made my choice. I want the fighting. They will not come out and and I am not going to do anything to adults to have a choice and kids not to say it on the floor because, quite hon- harm them. They do not smoke. I do. smoke. But all you want to do is have estly, it is not a popular thing to say. another issue and pound and pound and That is my business. I am an adult. Overwhelmingly, the public supports pound here to try to unravel a balanced They are underage. an increase in the cigarette tax. I will So why can’t adults make a decision budget amendment on the backs of the tell you that 76 percent of the women, and let us go ahead and try to accom- children on the basis you want to make 69 percent of Independent voters, 67 a choice between Joe Camel and Joey. plish those things that will stop youth percent of Republican voters, 79 per- I have made my choice. I am for Joey. from smoking? Do you think a 43-cent- cent of Democrat voters understand I have been for him for 22 years. But a-pack increase is going to stop kids that this tax is a reasonable, revenue- you act like I cannot join in trying to from smoking? They will just find raising measure to pay for an impor- help reduce the ability of children to cheap tobacco and bring it in here and tant national priority. smoke. It is there. I think it is time to blow through reduce the price of cigarettes. You So I just want everyone to know that this smokescreen from the tobacco want to do away with the program? Let if you want—want—to help Joey, help lobby. As they say in the ads here: them grow tobacco from fence row to me get rid of Joe Camel. This does not Take your pick, Senator. Who are you fence row. Tobacco gets so cheap you get rid of Joe Camel. This does not get going to stand with, Joe Camel or a lit- cannot raise it, and cigarettes go to a rid of the Marlboro Man. It just in- tle boy named Joey who is uninsured? quarter a pack. They are using kids creases the cost of smoking to the This is an easy choice for me. It should here and not trying to solve a problem. lower income, just increases the cost to That is what irritates me. I am from be for every Member. I think the Sen- the lower income and unravels a bal- a tobacco-growing State. It is $3 billion ate owes Senators HATCH and KENNEDY, anced budget. One-third of 1 percent— every year to my farmers. And 69 per- because of their leadership, a clear you reduce 35 percent of the tax cuts in cent of those farmers have other jobs. vote on this issue. I think with that this bill. clear vote, we will say definitively that It is a husband, wife, and family in- I hope my 5 minutes are up. I am be- the real reason for the opposition to come. But you do not want to do that. ginning to sweat. this amendment is not a good reason, You want to try to eliminate all that. The PRESIDING OFFICER (Ms. COL- that we in fact are going to give to You do not want to try to stop kids LINS). The Senator’s time has expired. each State the opportunity to partici- from smoking. You want to stomp up Mr. DOMENICI. I yield up to 10 min- pate in a program to insure their chil- here—‘‘Every day 1,000 more will die.’’ utes to the Senator from Louisiana. dren. We will pay for it with a tax on Those are your words. The PRESIDING OFFICER. The Sen- tobacco products. Mr. DURBIN. That is right. ator from Louisiana is recognized. Frankly, let me add this, too. For Mr. FORD. Where in the world have Mr. BREAUX. I thank you, Madam those who say, why do you keep pick- you been to try to stop it? Nowhere. President. ing on tobacco? Why do you zero in on You just want to increase the tax on a I am not for Joe Camel, but I am for cigarettes so much? Take a look at this pack of cigarettes, on a pack of ciga- this budget agreement. I think that the chart. rettes to stop kids from smoking. That question before the Senate today is, In 1993, cigarettes killed more Ameri- is it. That is what you are saying. But are we willing to run the risk of unrav- cans than AIDS, alcohol, car accidents, there is a bill here to get rid of it. No eling an agreement that has been en- fires, cocaine, heroin, murders, and sui- one wants to join in that effort. tered into by Republican Members cides combined. This is not just an- So it is kind of tough for me, coming working in good faith with Democratic other issue. This is the No. 1 public from a tobacco State, trying to do Members working in good faith with health issue in America. With this bill what everybody here is talking about, this administration to try to do some- we not only insure the children who except let the adults have a choice. I thing that we have not been able to do need the insurance, we attack a prob- think that is what it ought to be. But, for many years? lem which is claiming lives every sin- no, we want to add the tax on. We want We shut the Government down in the gle day. to reduce by 35 percent—I heard the last Congress because we could not

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4822 CONGRESSIONAL RECORD — SENATE May 21, 1997 agree on a budget. You talk about af- every year, 40,000 deaths on highways, Mr. DOMENICI. I yield 5 minutes off fecting children. When you shut down much of it as a result of inadequate the bill to the distinguished Senator. all the services of the Government, you highway systems in this country. The PRESIDING OFFICER. The Sen- affect young people, you affect chil- Should we improve highways? Of ator from Utah is recognized for 5 min- dren, you affect senior citizens, and course. Should we spend more money utes. you affect every aspect of our society. on highways? Yes. The question is how Mr. HATCH. Thank you, Madam We did that in the last Congress be- we go about getting there. This budget President. I thank my friend from New cause we could not come together and provides a blueprint, a map, a way to Mexico. agree on a budget that was balanced in get from here to there that has been Madam President, I listened to the terms not only of spending but of how agreed to by Republican leaders, by earlier remarks of the Senator from we spend the money that we are allo- Democratic leaders, and by the admin- New Hampshire, and I believe that my cated to spend. istration. colleague has either misread or We have a historical agreement in I just say that we have a plan of ac- mischaracterized many aspects of the front of us that breaks that pattern of tion. I suggest that we support that CHILD bill. not being able to work together, by plan of action, and, in doing so, we are Let me set the record straight. coming together and saying, yes, there going to have to be called upon to say First, despite what the Senator from are Democratic priorities and, yes, no to some ideas and concepts that I New Hampshire and other Senators there are Republican priorities, and have no disagreement with. Of course may have alleged here, nothing in this both sides have to give. we want to do this. Of course I want to bill mandates any State to participate. It is really interesting that the peo- move in that direction. Let’s go through some of the other ple who have said that they cannot Again, the question today is not erroneous accusations that have been support this agreement—I respect their whether we should do it, but how we go made by those who oppose the bill. positions; they are good citizens, they about doing it. I suggest that the frag- First, they said it created an entitle- are good Congress men and women, ile package that is before us is the ment program. This totally ignores the they are good Members of the Senate. proper approach to solving the problem fact that the bill states explicitly But if you look at where the opposition of uninsured children in this country. ‘‘Nothing in this title shall be con- is coming from, it is not from the cen- Five million more insured under this strued as providing an individual with ter, it is not from the mainstream, it is budget package is a major, major an entitlement under this title.’’ from more liberal Members and more achievement. We should be proud of it. Moreover, the States themselves es- conservative Members. Again, I respect Should we discontinue our efforts? Of tablish eligibility criteria for this vol- their positions. But what we have been course not. We should continue to work untary block grant program. The bill able to put together is a budget agree- and to expand. There will be ways of- explicitly provides that participating ment that can work. fered in the respective committees in States need not provide subsidies to There will be all kinds of efforts to order to achieve those goals. But I sug- otherwise subsidy-eligible children, try to change that agreement. I am gest that this is not the right approach even according to their own criteria, if concerned those efforts will do damage at this time. funds are not adequate. Funding for to the overall agreement. Generally, I think that one of the concerns I the program is automatically reduced when things sound so simple, they gen- have is that if the whole entire budget if revenues are insufficient to cover erally do not work, and this sounds so agreement begins to unravel and fall costs including the cost of deficit re- simple: Let’s insure more children, and apart we run the risk of doing a great duction. do it by raising the tax on a product deal more damage, not just to one seg- Some have said this bill creates new that many people do not like. If it ment of our population, but to the en- mandates on States. Participation in sounds so simple it is too good to be tire country. We did that in the last this program is purely voluntary for true, generally it is. Congress. It was not a proud moment States. The program maximizes State I think what we are neglecting to for this body nor the other body. flexibility and merely establishes rea- focus in on is what this agreement al- I think we have come a long way sonable requirements for States choos- ready has in it. This fragile agreement since then. Let us not go back to those ing to participate to assure that Fed- already has about $16.8 billion in it days. I suggest that we should stick eral funds meet program objectives, in right now without this amendment to with the budget package. That is the the same way as such other health insure more children who are currently right thing to do. block grant programs as the substance uninsured. That is a major achieve- Mr. DOMENICI. Madam President, I abuse block grant, the maternal and ment. thank Senator BREAUX for his remarks. child health block grant, and the pre- Should we insure every child? Of I think he has offered kind of a calming ventive services health block grant op- course. But we cannot do it all at once. set of remarks for us. Somebody ob- erated. This agreement insures 5 million more serving, whom I have great trust in, There is nothing new about this. This currently uninsured children in this sent me a little note to say thank Sen- is the way you write a grant program. country. $16.8 billion is already in this ator BREAUX for being so calm in his Then, opponents of the bill said it budget package for that purpose. I response. mandates the Medicaid benefits pack- know that you know certainly the PRIVILEGE OF THE FLOOR age. The facts are that the States folks who support increasing it right Mr. FORD. Madam President, I ask choosing to participate in the program now—I mean, their intentions are good unanimous consent that Pat Sellers, a are expected to provide the benefits for intentions. I agree with their inten- congressional fellow assigned to Sen- children that the State already pro- tions. The question is not should we do ator DASCHLE, be granted floor privi- vides under the State Medicaid pro- it? The question is how we do it, how leges for the duration of the debate on gram. We advanced this proposal recog- we do it in the context of the other pri- Senate Concurrent Resolution 27. nizing the importance of potential sen- orities we have as a nation and as a so- The PRESIDING OFFICER. Without sitivity of this issue and have indicated ciety. objection, it is so ordered. our willingness to modify this section Just this week, I think yesterday, in Mr. DOMENICI. Madam President, if better ideas emerge. And we will cer- the other body, our friends on the other how much time do I have remaining on tainly do that. side of the Capitol, some said, ‘‘Well, the substitute? Medicaid benefits include services we ought to spend more money for The PRESIDING OFFICER. The Sen- that are particularly critical for chil- highways.’’ There is no question about ator has 17 minutes. dren such as broad coverage for preven- that. We need more transportation, Mr. DOMENICI. I yield the floor. tive benefits. Children meeting the better transportation, we need mass Mr. HATCH addressed the Chair. State eligibility requirements in fami- transportation, we need highways, we The PRESIDING OFFICER. The Sen- lies that receive insurance through em- need to fix the bridges that are crum- ator from Utah. ployer-based plans are eligible for sub- bling down that when they fall they Mr. HATCH. Will the distinguished sidies to cover the employee coinsur- kill people, highways that kill people Senator from New Mexico yield? ance and copayment attributable to

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4823 the children and such employer-based improves the budget package. We get rent Medicaid standard with its chil- plans need not comply with the Med- $10 billion more in deficit reduction dren’s early and periodic screening, di- icaid package of benefits. The limits on under our amendment. And we help agnosis, and treatment—EPSDT—com- cost sharing under Medicaid are not about 5 million more kids who aren’t ponent. As you know, the general mandated. helped. standard of EPSDT is that medically Another claim that has been made For the life of me, I cannot under- necessary services be provided. On its here today, on more than one occasion, stand what is the matter with that. face, it is difficult to fault this prin- is that the CHILD bill eliminates any What is so difficult about that? Why ciple. future Medicaid waivers. can’t we help these kids? While I understand the view that The fact is that, first, if a State I agree that the $16 billion in the bill EPSDT is too generous compared with chooses not to participate in the is a good provision. I feel good about other health insurance plans as imple- CHILD Program, the law will have ab- that. mented by the States and interpreted solutely no effect on its ability to re- But much of that money—as much as by the courts, I think it incumbent ceive a Medicaid waiver. In other $14 billion—will be in effect taken from upon those who make this criticism to words, the provision will only affect other existing programs for seniors and specify precisely what services should participating States. kids that are important—such as the not be included in the benefits pack- If a State chooses to participate in disproportionate share hospital pro- age. the CHILD Program, it must not cut gram. I am open to that. Such a dialog, if back on the existing Medicaid eligi- So what we are doing here is taking grounded in specifics, could only have a bility requirements for children. We moneys that have been used to help the salutary effect on the refinement of the did this to assure that States use pro- poor and other people and put it an- CHILD bill and perhaps for the Med- gram funds to cover additional chil- other category to help the poor. icaid Program as well. dren, rather than replace existing Well, I am happy to have the $16 bil- I expect that the Governors will have State funding responsibilities under lion in additional funding for kids, and something to say about this topic after Medicaid. the recognition that there is a problem they develop their principles for child This has nothing to do with Medicaid here. But that still will only solve the health insurance which we expect to managed care and expanded Medicaid problems probably for the 3 million see at the end of the month. I plan to coverage, the two major subjects of kids who qualify for Medicaid and who hear what they have to say and con- Medicaid waivers. the CHIPS bill is designed to help. tinue to work with them. Another claim that has been made is But I keep asking myself, ‘‘What We have to keep in mind that our that the bill mandates abortion fund- about the 7 million kids who weren’t amendment addresses the problem of ing for teens because the program re- covered?’’ Perhaps there will be enough children from poor families where par- quires benefits the equivalent of those funding to cover some of them. But ents work but just do not earn enough under Medicaid. there are at least 5 million, probably 6 money to provide for health insurance. As a Senator who is proud of his pro- million—and maybe as high as 7 mil- We ought to be ashamed not to solve life voting record, I would never do lion—who are not taken care of. this problem, when we solve so many anything to advance the cause of those That is all we are trying to do here. other problems that are a lot less im- And we are recommending a block who wish to expand abortion coverage. portant than this one. I do not believe that my bill would grant to deal with the problem, a block I don’t see why we should have this cover abortions. As an appropriated grant just like the many other health big donnybrook or why we should be program, the CHILD bill would be sub- and social services block grants that fighting so vigorously over this. We ject to annual appropriations and have worked very well through the ought to just do it. would fall under the Hyde amendment years. And we can do it—fully funded—by prohibitions relating to abortion serv- I understand that one of the key asking the one community that many ices. areas of concern relates to the benefit I know that some of my colleagues package. Having been through the vic- experts acknowledge has caused $50 bil- are disappointed in having to consider torious battle over the flawed Clinton lion to $100 billion in unnecessary costs this amendment today. Some believe it health care proposal in 1993–94, I know annually to help pay for the problem. would break the budget deal. Others full well all the baggage that a Wash- With that, I will be happy to yield are fearful of a tax increase. My pur- ington-dictated benefit package car- the floor. pose is simple: I am exercising my ries. The PRESIDING OFFICER. The Sen- rights as a Senator to amend this budg- When I introduced the CHILD bill, I ator’s time has expired. et and increase funding for children. stated my willingness to work with the Mr. KENNEDY addressed the Chair. Why can’t we just get a vote on this Governors and others to see whether an The PRESIDING OFFICER. The Sen- one way or the other? alternative to the Medicaid benefit ator from Massachusetts is recognized. Let me just say that I worked with plan would be acceptable to all parties. Mr. LAUTENBERG. I yield 5 minutes the chairman of the Budget Committee I remain willing to do so. I think Sen- to the Senator from Massachusetts off for many years when I was on the ator KENNEDY as well has said that he of the resolution. Budget Committee. I know that he is aware that this is a sensitive issue Mr. KENNEDY. Madam President, we worked very hard in achieving this which needs to be addressed. have said since early today that we are budget agreement, and I commend him Perhaps an explanation of why I prepared to move ahead with a vote, if for it. In fact, I admire him for it. I was agreed to the Medicaid package will be we are unable to get the assurances not part of that negotiating team. But helpful to everyone here. that we would go ahead with the vote I am still a U.S. Senator who should be First, there was the practical con- on the underlying amendment, the allowed to have a vote on his amend- cern of moving the legislative process amendment of the Senator from New ment. forward that I felt argued against an Mexico, which we are supporting. As I understand the situation, we are endless series of ‘‘reinventing-the- I would just say to my friends that now in the process of allowing Senators wheel’’ type meetings to come up with have spoken recently that we are in who were not part of the Budget Com- a benefits package. I have been through strong support of that amendment be- mittee or part of the budget negoti- that before. As you can appreciate, this cause that will provide the $16 billion ating team to review what the leader- would have touched off a time-con- to take care of some of the neediest ship of the Congress and the adminis- suming siege by the various medical children. But there is also the $14 mil- tration have agreed upon. Our job provider specialty groups arguing that lion deficit that is going to be basically today is to review this deal, use our their specialty merited inclusion. traded off against that. That rep- judgment and decide whether we sup- Second, on the merits, while I remain resents the $14 billion on Medicaid. And port this agreement. open to be persuaded otherwise, I am half of all the Medicaid recipients are What it comes down to is that the unaware of a children’s health insur- children. So it will be diminished in a sponsors of this amendment believe it ance model clearly superior to the cur- very substantial degree.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4824 CONGRESSIONAL RECORD — SENATE May 21, 1997 We heard again somewhat that this is be more helped by the Hatch-Kennedy would like to vote for this amendment. spoiling the budget agreement. As I re- legislation than my own State, the So I am looking for a way, and I hope iterated, this is one-fifth of 1 percent of State of California. that both the minority leader and the the total budget over the period of the I had the privilege of working with majority leader might in some way next 5 years. It is difficult for me to be- the Senator from Louisiana as our hear this, that there might be a time lieve that one-fifth of 1 percent affect- Democratic leader, and the Senator when we could have a separate vote ing one-fifth of 1 percent of our econ- from Rhode Island, Senator CHAFEE, as agreed to on Hatch-Kennedy and move omy is going to be a budget buster, a Republican leader on the centrist co- ahead with this budget reconciliation particularly when it is paid for. As we alition. Over a period of about a year bill at this time. indicated, it is paid for. And, as I indi- and a half in that work I have come to Mr. BREAUX. Will the Senator yield? cated in the former part of the debate, the conclusion that the only way to Mrs. FEINSTEIN. I would be happy many of those who have spoken in op- balance the budget is in a bipartisan to yield to the Senator from Louisiana. position complain about it being paid way; that if it is a Democratic budget, Mr. BREAUX. I congratulate the for because it is going to increase the Republicans vote against it; and, if it is Senator for making this point, that cigarette tax. But I want to say that a Republican budget, Democrats vote every budget we have had in the past those who wondered about whether this against it. Therefore, it has always and been signed into law is necessarily was really relevant in the budget seemed to me that the only way you do a compromise. There are a lot of things agreement, as I have mentioned, under this is to sit down and work the num- that a lot of people would like in this the children’s health proposal they bers out together and come up with a legislation that are not there. I know the Senator from California has talked talk about that how that $16 billion for plan. about additional children being cov- the 5 years could be spent. They said it What do you know, Madam Presi- ered. I support that effort. I mentioned could be spent in one of the following dent, that has happened. And it has the highway bill. We need money for ways, or it mentioned other possibili- happened because of the distinguished transportation. We have talked about ties. It said one of the ways is a pro- chairman and ranking member of the needing more money for schools, to try gram cap of mandatory grants to Budget Committee. It has happened be- to fix schools that are falling down States. That is what our program is. It cause of the President. It has happened around the country. The point is, and I caps grants to States to finance insur- because of the majority and minority think the Senator from California is ance coverage for uninsured children. leaders of both sides of this great making it, that we have to deal with So, Madam President, we believe that House giving their imprimatur to the an agreement that has the chance of we should be entitled to a vote. process and participating. After 4 or 5 passing, if the $16 billion for more child Again, I am really amazed that it has months of discussions there is an care that is in this budget now ever has taken this long a time to get to a vote agreement. It is not everything that everybody a chance to become law. with all of the kinds of complex issues I would say, as one member of the wants, but if you believe, as I do, that that we have to debate and talk about Senate Finance Committee, we are the only way to balance this budget is here on the budget resolution. This is a going to look at exactly what the es- to do this, then this becomes a very very simple issue. Are we going to put sence of this amendment does in the significant debate. I would like to vote the interests of children of working Senate Finance Committee. There is no for Hatch-Kennedy. It would help my families, those that are on the bottom, problem with us considering this ap- State. We have—let me give you the second, third, fourth rung of the eco- proach and voting on it and adding it nomic ladder—are we going to side exact figure—1.7 million uninsured to later legislation coming down the with them on a selfsustaining financed children in California. This is a big pike. So this does not mean this is program of health insurance through deal. I would like to vote for it. over. We can continue to look at this If this bill is taken down, though, it the States based upon what the States suggested means in future legislation. are doing through the private sector is a major commitment and statement I thank the Senator. with the discretion of the State mak- that this body cannot work together, Mrs. FEINSTEIN. I thank the Sen- ing those judgments or are we going to that both sides of this body cannot ator from Louisiana very much. It has side with the tobacco interests? solve what is a critical problem facing been a very special privilege for me to That is the issue. That is the ques- this Nation. Every week, I have a work with the Senator on the centrist tion. It is not very difficult. We hope meeting of constituents, about 100, 125 coalition. for those reasons—plus I thought the people, who just happen to come by the I am not in the leadership of this excellent statement that was made by office, and I show them a small pie of body, but I would be hopeful that the the minority leader in terms of how he, outlays in the year 2003, that if we do leadership would hear this. I think this too, believes that this is entirely ap- not do something, what happens. The budget agreement—on our side, we propriate—that we could move ahead result of the small pie is that you have have said every time we have had the and get some action. almost 75 percent of the outlays of the debate on the balanced budget amend- I thank the Chair. I withhold the bal- Federal Government consumed by net ment, we do not need an amendment to ance of the time. interest on the debt and entitlements. the Constitution. Let us just sit down Mrs. FEINSTEIN addressed the And by then, you could eliminate all and do it. Well, we make a mockery of Chair. discretionary spending and you cannot our own statements if we do not sit The PRESIDING OFFICER. The Sen- solve the problem. down and do it right now. And we have ator from California is recognized. Well, we have not gone the whole that opportunity to do it in this Who yields time? way, but this bill before this House agreed-upon compromise. Mr. LAUTENBERG. Madam Presi- goes a major way in solving the prob- So I would be hopeful that it might dent, I yield 5 minutes off the resolu- lem. be possible to put together some guar- tion to the distinguished Senator from I stood with the President in Balti- antee both for the Senator from Utah California. more. I said I would support this, as did and the Senator from Massachusetts, Mrs. FEINSTEIN. I thank the distin- a number of people on our side. The who have worked so hard, both of guished floor leader. I very much ap- Senator from Louisiana was there. We them. I have never seen the chairman preciate the 5 minutes. stood and we remarked how close the of the Judiciary Committee as pas- Madam President, I have watched numbers in this budget bill are to the sionate as he has been in the Chamber this debate now for the last couple of numbers of the centrist coalition. So in the last 2 hours. He obviously be- hours from my office. I think it is an we felt in some way that our year and lieves. The Senator from Massachu- important debate. In a sense it is a a half, or whatever it has been, I say to setts has a long history—the Kasse- bellwether debate. the Senator from Louisiana, has been baum-Kennedy bill, other bills, his I think the case which the pro- worthwhile. chairmanship and his ranking status ponents for the Hatch-Kennedy legisla- I am very concerned. I am very con- on the Labor Committee. I think we tion have made is very clear and a cerned that this bill will be taken down know his commitment and we know he strong case. Probably no State would if this amendment is successful. I will be there for

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4825 working families and for children at and maybe challenging some provisions then you create a new entitlement pro- any time. I hope there can be some ap- of this bill. gram. The Federal Government is preciation in this body for the need to I do not support the bill. I think the going to pay up to 90 percent of the have an agreement to honor the agree- underlying bill that individuals are cost of the program, and you say, oh, ment that was made and to once and trying to promote—that is not what we the States do not have to participate. for all say to the American public we are voting on. We do not have bill lan- They have to pay the taxes and then have come together as two political guage added to this budget resolution. Uncle Sam will pay 90 percent of the parties. We have balanced this budget A budget resolution, for the informa- costs, and the States are going to say, by the end of 5 years, and we can all be tion of colleagues and the public, is not no, I don’t think so. And then you look proud of working together. a law. It is a guideline. It says spend so at the underlying provisions of the bill; The PRESIDING OFFICER. The Sen- much money, tax so much money. This what do the States have to do. If this is ator’s time has expired. amendment spends $20 billion more and such an optional program, you need to Mrs. FEINSTEIN. So I say to the it raises taxes $30 billion more, both of look at page 6, ‘‘Requirements for leadership, please do something. Let us which are inconsistent with the agree- Qualifying Children’s Direct Benefit get another time to consider the ment, both of which, frankly, are out- Option.’’ Hatch-Kennedy bill so that we can side the scope of the agreement. Page 7. ‘‘The States shall insure.’’ move on and be very proud of this Now, should we pass it? I would say Paragraph 2: States shall insure, each body. no. Should we pass the so-called Hatch- participant shall insure, shall insure, I thank the Chair for its indulgence. Kennedy bill? I would say no. I would shall provide, States may not, and on The PRESIDING OFFICER. The Sen- tell my colleagues from Utah and Mas- and on. States may not allow imposi- ator from New Mexico. sachusetts, I think they did very well tion of cost sharing; States may not Mr. DOMENICI. Madam President, I in this budget negotiation. They got 16 enter into a contract, on and on. There say to Senator FEINSTEIN, just about out of 20—that is 80 percent—for a new are something like 30 ‘‘States shall’’ or the time this Senator feels like he is program, a new entitlement program ‘‘States may not’’ in this provision. not being heard, the hard work that when we are trying to balance the This is not optional. All kinds of man- you put in on the budget was not worth budget. I think they should be high- dates, telling the States what to do it, something very pleasant happens, fiving each other and saying, hey, we with this program, including saying, and I thank the Senator very much. won; we got 80 percent of what we States, you do not get another Med- Mr. NICKLES addressed the Chair. want. We stuffed those people who real- icaid waiver. Most States have Med- Mr. DOMENICI. Would the Senator ly wanted to hold the lid on new pro- icaid waivers pending. This says, ‘‘No like 10 minutes off the bill? grams. We beat them. But instead of more. Need not apply. Cannot do.’’ The PRESIDING OFFICER. The Sen- saying, hey, we got 80 percent, we are They don’t want to touch on the ator from Oklahoma is recognized for happy, they came back and said, we are issue of abortion, because I heard my 10 minutes. going to double our offer. We are not colleague say this bill does not man- Mr. NICKLES. Madam President, I satisfied with 16. The original bill that date abortion. I just disagree. I think would like to make a couple comments they introduced was 20, but now they people are entitled to their own opin- about where we are, and I also wish to want 36. I just find that to be grossly ion, but I don’t think they are entitled thank our colleague from California, as fiscally irresponsible. to their own facts. If my colleagues well as Louisiana, in saying there is an Now I want to talk a little bit about would look at page 5 in the bill: For agreement; we ought to abide by it. the substance of the underlying bill. I purposes of this title, qualifying chil- I was looking at the budget agree- heard my colleague say that, well, it is dren policy is a policy for an eligible ment. There is one enclosure which not an entitlement. And I have stated child that provides coverage for med- says children’s health, and it says 5- repeatedly that it is an entitlement. ical care for such child that is the year expenditure, $16 billion. It is en- Let us look at the bill. If you look at equivalent of medical assistance avail- closed. It says we want to provide page 19, it says ‘‘budgetary treat- able for State child assistance avail- health care, $16 billion, 5 years, to pro- ment.’’ ‘‘Authority in advance rep- able under title XIX of the Social Secu- vide health care for 5 million children resents an obligation of the Federal rity Act. by the year 2002. That is in the agree- Government to provide payments to If this is available for a State plan, if ment. It is included. the States.’’ abortion coverage is available in Med- So for somebody to say that it was An obligation. It does not sound like icaid under a State plan, then it must included in the agreement to add an- it is discretionary to me. An obligation be provided under this plan. other $20 billion, to make this $16 bil- for the Federal Government to provide I know I heard my colleagues say, lion $36 billion, is absolutely not the payments to the States. wait a minute, this is covered by Hyde case. It really loses credibility, and it Now, in the first place, maybe I language, and we don’t pay for abor- makes a lot of us wonder whether we should ask, the tobacco taxes envi- tion under Hyde language. That is not can trust the White House, whether we sioned, are those discretionary? I do what this says. This says, if abortion is can trust our colleagues in trying to not think so. All the States would have a benefit under a State plan—and you implement a 5-year deal if we could not to pay into the program; all the States have a lot of States, 14 States, includ- trust them basically for a day, not to would be paying additional taxes. That ing some of the biggest States, New mention we are trying to make obliga- is not discretionary. I don’t think any- York and California, for example, they tions for the next 5 years. body has made that allegation. have State-paid-for Medicaid coverage I am a little shaken. I will absolutely Page 19 says there is an obligation of of abortion; 14 States have it. The Fed- say I have wanted to support this deal, the Federal Government to pay to the eral Government does not pay for it. hope to support this deal, but when I States. I mentioned earlier that the But remember, Medicaid is a Federal- hear some of the people who have nego- Federal mix of this is much more gen- State program and some States have tiated it say it is within the context of erous than under Medicaid, that the mandated State program benefits. In the budget agreement to have $36 bil- Federal Government would be paying, this case, the State pays for abortion lion for child care, a new additional in many cases, 80 to 90 percent of the coverage. child care entitlement, when the provi- cost of this program, not 50–50, not This bill says that if the State pro- sion clearly added to the budget resolu- splitting the cost with the States. The vides this benefit, they have to provide tion was $16 billion, not $36 billion, Federal Government paying 4 to 1, 5 to the same benefits they provide under there is a difference. There is a big dif- 1 what the States are paying. the State Medicaid plan. It does not ference. Now, sure, a State is going to opt out say Federal Medicaid plan. It doesn’t Now, I want to make a few comments of that. If Uncle Sam is going to be say only Federal Medicaid benefits. It concerning the underlying bill that paying 90 percent of the cost of the pro- says State Medicaid benefits. So you Senator HATCH and Senator KENNEDY gram, more generous than Medicaid, have 14 States that now have State- are promoting and maybe respond to the States are going to opt out. First, paid-for abortion coverage that would some of the statements that were made the States have to pay the taxes and have to have it under this plan. It is in

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4826 CONGRESSIONAL RECORD — SENATE May 21, 1997 the bill. It is on page 5, line 19 through to have a deal that says net tax reduc- another tax reduction, maybe I will 25. tion is going to be 85, and then all of a support it. But let’s not do it in this So I just make that point. I want to sudden it turns into 55, then we don’t package. This, in my opinion, would be be very factual. This bill leaves a lot to have a deal. That means maybe we can- a killer amendment and certainly be desired. We should not set up a new not trust people. If we cannot trust should be defeated. I yield the floor. entitlement and have the Federal Gov- people, that does not speak very well Mr. CRAIG. Mr. President, I would ernment paying 80 or 90 percent of the for this institution. like to clarify some issues raised today costs of Medicaid coverage for kids I urge my colleagues, if and when we on the Senate floor by a colleague of when we do not pay that much for the get to an up-or-down vote on the mine. Specifically, these issues had to lowest income. This is a higher level Hatch-Kennedy bill, I urge them to do with a paper entitled ‘‘Unforeseen than for the lowest income level. We vote ‘‘no’’. First, because it is a deal Effects of the Much Touted Tobacco are going to have a greater subsidy for breaker, and, second, I urge them to Tax’’ published on May 16, 1997 by the this group than we are for the lowest vote ‘‘no’’ because this is not good pol- Senate Republican Policy Committee, group? I don’t think so. icy and we do not need to do it twice. of which I am chairman. What we have is we have the situa- We do not need to try to solve this My colleague made several state- tion now where we find ourselves, problem on uninsured kids both in the ments about the analysis but failed to where we have the $16 billion entitle- Finance Committee and the Labor address the substance of the paper’s ar- ment—I think it should be discre- Committee and give equal amounts of gument: That the $6.5 billion loss in tionary under the underlying bill—$16 money for both to solve this problem. state revenue over the next five years billion to provide health care for kids I ask unanimous consent for an addi- will hinder states’ ability to provide that, for whatever reason, do not have tional minute. services to their citizens. This loss of insurance. The PRESIDING OFFICER. Without revenue will pressure states to accept a I might review that scope because I objection, it is so ordered. new program that includes many man- have heard people say, wait a minute, Mr. NICKLES. So, Madam President, dates and additional costs that will yet we are going to provide health care for I—— further strain their budgets. Finally, 10 million kids. Let us look at that Mr. HATCH. Reserving the right to this substantial incursion to a state scope. Madam President, 3.3 million of object, I didn’t hear the request. revenue source establishes a dangerous those kids already are eligible. They Mr. NICKLES. I asked the Senator precedent for further such incursions have health care. They are eligible for from New Mexico for an additional by the federal government. Medicaid. They qualify. About a third minute. It is a principle of the Republican of them have incomes above 200 percent Mr. HATCH. Oh, sure. party that the federal government of poverty. If they are a family of 4, if Mr. DOMENICI. What’s the dispute? I should not place an unfunded mandate they have an income of $32,000 or more, give you 5 minutes. on the states, regardless of the reason. we should not be buying them insur- The PRESIDING OFFICER. The Sen- If the end is so laudable, then the fed- ance. That is not the Federal Govern- ator is recognized for an additional eral government should provide the ment’s role. So you have about 3.5 mil- minute. means for delivering it. In the last Con- lion between 100 percent of poverty and Mr. NICKLES. He said 5. gress, a proposal to prevent unfunded 200 percent of poverty. You have 30- Mr. DOMENICI. I said 5. mandates was given the Republican some-odd States that already have cov- The PRESIDING OFFICER. I am party’s highest priority. Introduced as erage for kids in excess of the Medicaid sorry, 5 minutes. the first bill in the Senate, S.1, passed eligibility standard, Medicaid eligi- Mr. NICKLES. Madam President, to (86–10) with all Republicans supporting bility standards going up to 133 percent conclude, a couple of points. A deal is it, and sent to the President who of poverty. Thirty-some-odd States, 39 a deal. If we are going to break the signed it. States, have Medicaid coverage in ex- deal, if we are going to be amending The program debated today violated cess of Federal mandates. We are going what the size of the tax cut is, if people that principle by not only leaving to preempt those in this case, and we want to do that, then I am going to states with an unfunded liability, but are going to provide a very expensive have an amendment. This amendment reducing their revenues for their own Federal mandate on the States to pro- cuts the size of the tax cut by $30 bil- priorities. In short, the program being vide that coverage for that 3.5 million, lion. I am going to have an amendment debated not only would increase states’ which, I might mention, half of those to increase the tax cut by $30 billion. If spending but decrease their revenues at kids will have insurance within 4 this amendment spends $20 billion the same time. months. more, I am going to have an amend- The paper put out by the Republican So, really, the chronically uninsured ment to spend less money someplace Policy Committee made that clear. population is probably around 2 mil- else. The fact that my colleague chose to ig- lion. The underlying bill provides $16 In other words, this bill unravels the nore it and the underlying problem of billion. It starts out at a couple of bil- whole package and people will find out the program’s approach, does not lion and grows to 2.5 billion, 3.5 billion, this is not the easiest package to craft. change the program’s impact and almost 4 billion over that period of There is no question it unravels the should not diminish our concern that time. That is enough, maybe more than package, if one would just look at the the states be treated fairly and hon- enough, to provide ample coverage for budget package we already have. So I estly by the federal government. the chronically uninsured child. urge my colleagues, if for no other rea- Several Senators addressed the What we do not need to do is say: son, to vote ‘‘no’’. Chair. Here is $16 billion—the original Hatch- Also, likewise, I urge them to vote no The PRESIDING OFFICER. The ma- Kennedy bill had $20 billion—so they on the substance. Somebody said some- jority leader is recognized. have $16 billion. They have 80 percent thing about, wait a minute, because Mr. LOTT. I ask unanimous consent of what they are looking for. Then they you are trying to defend tobacco—that all first-degree amendments in order to want to, maybe—I don’t know what the is hogwash. If my colleagues want to Senate Concurrent Resolution 27 must purpose is—to say now we want $20 bil- have an amendment to raise tobacco be offered by the close of business on lion on top of our $16 billion, we want prices, let them do it. But let’s not be Wednesday, May 21. $36 billion, even though in the bill they doubling the size of the new entitle- The PRESIDING OFFICER. Is there originally introduced, they wanted $20 ment program before the new entitle- objection? Is there objection? billion. Now the demand is for $36 bil- ment program even starts. Let’s not Mr. KERRY. Reserving the right to lion—certainly a budget buster. Cer- more than double it in the name of fis- object. tainly a deal breaker. cal austerity. It is ridiculous. When the The PRESIDING OFFICER. Is there If we have a deal that says new kid tax package comes out, if people want objection? Without objection, it is so care entitlement is $16 billion, and we to, on the reconciliation bill, if they ordered. are going to have an amendment and want to have an increase in the to- Mr. LOTT. I further ask unanimous just make it $36 billion; if we are going bacco tax, so be it. If we offset it with consent all amendments be subject to

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4827 second-degree amendment as provided AMENDMENT NO. 297 tunity to offer this proposal again. And under the Budget Act. The PRESIDING OFFICER (Mr. we shall offer it again and again until The PRESIDING OFFICER. Without FAIRCLOTH). There are 4 minutes of we prevail. objection, it is so ordered. debate equally divided on the amend- It is more important to protect chil- Mr. LOTT. I now ask for the vote to ment. dren than to protect the tobacco indus- occur on Domenici amendment No. 307, Mr. DOMENICI. Mr. President, I try. Every child deserves a healthy and it be considered a first-degree, and, move to table the Hatch-Kennedy start. We who support this amendment following that vote, the Senate proceed amendment and ask for the yeas and are not afraid to debate it on its mer- to vote on or in relation to amendment nays. its. We are willing to stand to be No. 297, with 4 minutes of debate to be The PRESIDING OFFICER. Is there a counted for our children. We are will- equally divided, all without inter- sufficient second? There is a sufficient ing to stand for our children’s health. vening action. second. And we are willing to stand in favor of The PRESIDING OFFICER. Is there The yeas and nays were ordered. the single most important means of re- objection? Without objection, it is so The PRESIDING OFFICER. There ducing teenage smoking—the tobacco ordered. are 4 minutes equally divided on the tax. Mr. LOTT. Thank you, Madam Presi- amendment. On both of those issues, this will be dent. Mr. HATCH addressed the Chair. the most important vote of the year. The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- We will stand with children. And I hope ator from New Mexico. ator from Utah is recognized. our colleagues will stand with us. Mr. DOMENICI. Madam President, I Mr. HATCH. I will take a minute and Mr. DOMENICI addressed the Chair. ask for the yeas and nays on the then the distinguished Senator from The PRESIDING OFFICER. The Sen- Domenici amendment, which we just Massachusetts will take the other. ator from New Mexico. agreed is a first-degree amendment. I have to say, this was a constructive Mr. DOMENICI. Mr. President, most The PRESIDING OFFICER. Is there a debate. I think we all learned a lot people in the United States think the sufficient second? about children’s health and more im- best thing we can do for kids and for portantly about the political process. There is a sufficient second. children is to balance the budget of the You know, it is tough work trying to United States. If my motion to table The yeas and nays were ordered. spend money for kids. does not prevail, the chance of getting Mr. KERRY. Madam President, could I have been accused of being a Demo- a balanced budget for our children and I inquire of the manager, is that imme- cratic pawn here today. grandchildren then is out the window diate? Is there any intervening time, or So I find it amusing that several of because this amendment that they is that immediate? our ‘‘yes’’ votes have been quietly con- have offered is a total breach of an Mr. DOMENICI. This is immediate. verted to ‘‘noes’’ this afternoon by agreement between our President, There are 4 minutes after this Domen- some of the biggest and best lobbyists Democrats, and Republicans. It is as ici amendment before the vote on there are. And I am not speaking of the simple as that. Hatch-Kennedy, or in relation to, tobacco industry. Unless you vote to table it, you are which probably means a table, but you There is no way of knowing, but I voting to accept an amendment that understand that. think we would have won this one if we kills the balanced budget, under the ru- Mr. KERRY. I thank the Senator. had it at the scheduled time at 11:30. bric of helping children. The PRESIDING OFFICER. The We will leave that discussion for a We have covered uninsured children clerk will call the roll. later date. in this bill to the tune of $16 billion. The assistant legislative clerk called How much time does this Senator And there are few among us that think the roll. have? that is an insufficient amount to cover The result was announced, yeas 98, The PRESIDING OFFICER. The Sen- the uninsured children in the United nays 2, as follows: ator has 19 seconds. States. I hope you will support the mo- [Rollcall Vote No. 75 Leg.] Mr. HATCH. Let me just end it this tion so we can get on with getting this YEAS—98 way. job done. Abraham Faircloth Lott I think the President and the people It has been an interesting debate. I Akaka Feingold Lugar in the White House have caved here, thank Senator KENNEDY and Senator Allard Feinstein Mack people who we had every reason to be- HATCH for the way they conducted Ashcroft Ford McCain lieve would be supportive of kids’ Baucus Frist McConnell themselves, although on occasion we Bennett Glenn Mikulski health. all got a little bit too heated up, ac- Biden Gorton Moseley-Braun Let me say, the Washington Post cording to my wife who is watching Bingaman Graham Moynihan framed the issue in its editorial page this on television. She said, in par- Bond Gramm Murkowski just yesterday. They said, ‘‘This is a ticular, Senator KENNEDY and Senator Boxer Grams Murray Breaux Grassley Nickles vote against the harmful effects of to- DOMENICI, if we talk a little lower our Brownback Gregg Reed bacco, in favor of children’s health, in faces would not get so red. Bryan Harkin Reid Bumpers Hatch favor of State decision-making, and in I yield the floor. Robb Burns Helms favor of fiscal discipline. How many Mr. President, I yield 1 minute to the Roberts Byrd Hollings Rockefeller times do they get one like that? They leader. Campbell Hutchinson ought to vote aye.’’ The PRESIDING OFFICER. The ma- Chafee Hutchison Roth Cleland Inhofe Santorum I hope Senators will vote against the jority leader. Coats Inouye Sarbanes motion to table, and in favor of our Mr. LOTT. Mr. President, I will be Cochran Jeffords Sessions amendment. brief because I know everybody knows Collins Johnson Shelby Conrad Kempthorne Smith (NH) Mr. DOMENICI addressed the Chair. what the issue here is now. We are Coverdell Kennedy Smith (OR) The PRESIDING OFFICER. The Sen- ready to vote. I want to urge my col- Craig Kerrey Snowe ator from New Mexico. leagues to vote to table the Kennedy- D’Amato Kerry Specter Mr. DOMENICI. Excuse me, I say to Hatch amendment. This is a deal Daschle Kohl Stevens DeWine Kyl Thomas Senator KENNEDY. breaker. Dodd Landrieu Thurmond Mr. KENNEDY addressed the Chair. I have had occasion now to again Domenici Lautenberg Torricelli The PRESIDING OFFICER. The Sen- talk to the President. And his press Dorgan Leahy Warner ator from Massachusetts. representative has gone out and said, Durbin Levin Wellstone Enzi Lieberman Wyden Mr. KENNEDY. Mr. President, I while he supports the concept of what think we made a great deal of progress is in this amendment—he recognizes NAYS—2 in this debate. We knew it would be an it—it is a deal breaker, and this Hagel Thompson uphill battle because we knew the amendment should be defeated. The amendment (No. 307), as modi- power of the tobacco industry. And we We have money in the agreement, $16 fied, was agreed to. intend at the next available oppor- billion, for child care that the Finance

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4828 CONGRESSIONAL RECORD — SENATE May 21, 1997 Committee is going to be able to take ance and more each month go uncov- I have a unanimous-consent request and work with and come up with a ered. For these children and their par- to get someone in the Chamber on the proper solution. That is the way we ents health is not just a blessing, it is list. should go. We should not add this on an economic necessity. Mr. GRAMM. I would be happy to in- this resolution because the net result The amendment sponsors also said clude it. would be this whole resolution and much about tobacco today with which The PRESIDING OFFICER. Without agreement would come unglued. I agree. According to the CDC, smoking objection, it is so ordered. I urge my colleagues to vote to table is the leading cause of preventable Several Senators addressed the this amendment. death in the United States. Smoking is Chair. The PRESIDING OFFICER. The up among teenagers and this rise ulti- AMENDMENTS NOS. 302, 303, 304, 305, AND 306 question is on agreeing to the motion mately will translate into many pre- The PRESIDING OFFICER. The Sen- to lay on the table the amendment. mature deaths from smoking-related ator from South Carolina. The yeas and nays have been ordered. diseases. I have no hesitancy to sup- Mr. HOLLINGS. Mr. President, I The clerk will call the roll. port an increase in tobacco taxes. thank the distinguished Senator from The legislative clerk called the roll. But the vote I cast today was not on Texas. I ask unanimous consent The result was announced—yeas 55, children’s health coverage. It was not amendments 302, 303, 304, 305, and 306 be nays 45, as follows: on a tobacco tax. The vote I cast today called up and set aside. [Rollcall Vote No. 76 Leg.] was on whether to make substantial The PRESIDING OFFICER. Without YEAS—55 changes in critical elements of an ardu- objection, it is so ordered. Abraham Ford McCain ously negotiated bipartisan budget Mr. HOLLINGS. I thank the Senator. Allard Frist McConnell agreement. On this issue, the issue of The PRESIDING OFFICER. The Ashcroft Gorton Murkowski whether to risk the resolution, I dis- clerk will report. Bennett Gramm Nickles The legislative clerk read as follows: Bond Grams agreed with the sponsors of the amend- Robb The Senator from South Carolina [Mr. Breaux Grassley Roberts ment. HOLLINGS] proposes amendments numbered Brownback Gregg Roth I felt that the amendment threatened 302, 303, 304, 305, and 306. Burns Hagel Santorum to undo the careful balancing and Campbell Helms Sessions Mr. HOLLINGS. Mr. President, I ask Cleland Hollings months of negotiation represented by Shelby Coats Hutchinson the budget compromise. In the end, the unanimous consent that reading of the Smith (NH) Cochran Hutchison effort to increase spending, threatened amendments be dispensed with. Collins Inhofe Snowe The PRESIDING OFFICER. Without Stevens the children’s health care coverage Coverdell Kempthorne objection, it is so ordered. Craig Kohl Thomas that we had achieved through negotia- Domenici Kyl Thompson tions. The amendments are as follows: Thurmond Enzi Lieberman I hope that we will return to the AMENDMENT NO. 302 Faircloth Lott Warner Feinstein Mack issue of children’s health coverage, but (Purpose: To express the sense of the Senate at this time the wiser course is to that the Highway Trust Fund should not NAYS—45 move forward in support of the resolu- be taken into account in computing the Akaka Durbin Levin tion in front of the Senate. Com- deficit in the budget of the United States) Baucus Feingold Lugar At the appropriate place, insert the fol- Biden Glenn Mikulski promise is never perfect, but perfection Bingaman Graham Moseley-Braun is rarely possible. lowing: Boxer Harkin Moynihan The PRESIDING OFFICER. The SEC. . HIGHWAY TRUST FUND NOT TAKEN INTO Bryan Hatch Murray Chair recognizes the Senator from ACCOUNT FOR DEFICIT PURPOSES. Bumpers Inouye Reed It is the sense of the Senate that the as- Byrd Jeffords Reid Texas. sumptions underlying this budget resolution Chafee Johnson Rockefeller Mr. GRAMM. Mr. President, I have assume that the receipts and disbursements Conrad Kennedy Sarbanes had several people—I think under the of the Highway Trust Fund— D’Amato Kerrey Smith (OR) Daschle Kerry Specter previous order I was to be recognized. (1) should not be included in the totals of— DeWine Landrieu Torricelli The PRESIDING OFFICER. Under (A) the Budget of the United States gov- Dodd Lautenberg Wellstone the previous order, the Senator from ernment as submitted by the President Dorgan Leahy Wyden Texas is recognized to offer an amend- under section 1105 of title 31, United States Code; or The motion to lay on the table the ment. (B) the Congressional Budget (including al- amendment (No. 297) was agreed to. Mr. WARNER. Mr. President, will the locations of budget authority and outlays Mr. FORD. Mr. President, I move to Senator yield for a unanimous-consent provided in the Congressional Budget); reconsider the vote. request. (2) should not be— Mr. DOMENICI. I move to lay that Mr. GRAMM. Yes. (A) considered to be part of any category motion on the table. Mr. WARNER. I thank the Senator. (as defined in section 250(c)(4) of the Bal- The motion to lay on the table was Mr. GRAMM. If I may, I have several anced Budget and Emergency Deficit Control agreed to. other people who have asked me to do Act of 1985 (2 U.S.C. 900(c)(4))) of discre- tionary appropriations; or Mr. LIEBERMAN. Mr President, I the same thing so maybe I should begin (B) subject to the discretionary spending would like to rise to explain my vote by asking unanimous consent that I limits established under section 251(b) of the on the Hatch-Kennedy amendment. might recognize Senator HOLLINGS to Act (2 U.S.C. 901(b)); The budget resolution under consider- offer an amendment, Senator INHOFE to (3) should not be subject to sequestration ation is a fragile compromise. Support offer an amendment, Senator KERRY under section 251(a) of the Act (2 U.S.C. from the President, Republicans and from Massachusetts to offer an amend- 901(a)); and (4) should be exempt from any general Democrats was achieved after months ment, and then I had BOB KERREY who was going to do an amendment very budget limitation imposed by statute on ex- of negotiation. penditures and net lending (budget outlays) One of the key provisions in this briefly that has been accepted, and of the United States government. agreement of great importance to me then let me go ahead and recognize my is the additional $16 billion for health colleagues from South Dakota and AMENDMENT NO. 303 care coverage of children. This funding from Virginia to offer amendments, (Purpose: To express the sense of the Senate will be used to cover an additional 5 and I would ask unanimous consent that the the Airport and Airway Trust million children. Connecticut alone is that I might do that without losing the Fund should not be taken into account in estimated to have 85,000 uninsured chil- floor and that then I might be able to computing the deficit in the budget of the dren 18 years and younger. The new offer an amendment that has been United States) funding will go a long way to bring agreed to, and then bring up the At the appropriate place, insert the fol- health care to those kids. amendment that will be debated. lowing: The Hatch-Kennedy amendment was Mr. LAUTENBERG. Will the Senator SEC. . AIRPORT AND AIRWAY TRUST FUND NOT TAKEN INTO ACCOUNT FOR DEFICIT a good faith effort to go farther and I yield for a unanimous-consent request PURPOSES. agree—we should go farther. Over 10 just to get someone in the Chamber in- It is the sense of the Senate that the as- million American children lack insur- cluded in the Senator’s list. sumptions underlying the budget resolution

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that the receipts and disbursements of the under section 1105 of title 31, United States AMENDMENT NO. 301 Airport and Airway Trust Fund— Code; or (Purpose: To create a point of order against (1) should not be included in the total of— (B) the Congressional Budget (including al- any budget resolution for fiscal years after (A) the Budget of the United States gov- locations of budget authority and outlays 2001 that causes a unified budget deficit for ernment as submitted by the President provided in the Congressional Budget); the budget year or any of the 4 fiscal years under section 1105 of title 31, United States (2) should not be— following the budget year) Code; or (A) considered to be part of any category At the appropriate place, add the fol- (B) the Congressional Budget (including al- (as defined in section 250(c)(4) of the Bal- lowing: locations of budget authority and outlays anced Budget and Emergency Deficit Control provided in the Congressional Budget); SEC. . BALANCED UNIFIED BUDGET AFTER 2001. Act of 1985 (2 U.S.C. 900(c)(4))) of discre- (a) IN GENERAL.—Except as provided in (2) should not be— tionary appropriations; or (A) considered to be part of any category subsection (b), it shall not be in order in the (B) subject to the discretionary spending (as defined in section 250(c)(4) of the Bal- Senate to consider any budget resolution or limits established under section 251(b) of the anced Budget and Emergency Deficit Control conference report on a budget resolution for Act (2 U.S.C. 901(b)); Act of 1985 (2 U.S.C. 900(c)(4))) of discre- fiscal year 2002 and any fiscal year thereafter tionary appropriations; or (3) should not be subject to sequestration (or amendment or motion on such a resolu- (B) subject to the discretionary spending under section 251(a) of the Act (2 U.S.C. tion or conference report) that would cause a limits established under section 251(b) of the 901(a)); and unified budget deficit for the budget year or Act (2 U.S.C. 901(b)); (4) should be exempt from any general any of the 4 fiscal years following the budget (3) should not be subject to sequestration budget limitation imposed by statute on ex- year. under section 251(a) of the Act (2 U.S.C. penditures and net lending (budget outlays) (b) EXCEPTION.—This section shall not 901(a)); and of the United States government. apply if a declaration of war by the Congress (4) should be exempt from any general is in effect or if a joint resolution pursuant budget limitation imposed by statute on ex- AMENDMENT NO. 306 to section 258 of the Balanced Budget and penditures and net lending (budget outlays) (Purpose: To express the sense of the Senate Emergency Deficit Control Act of 1985 has of the United States government. that the Federal Unemployment Com- been enacted. pensation Trust Fund should not be taken (c) WAIVER.—This section may be waived AMENDMENT NO. 304 into account in computing the deficit in or suspended in the Senate only by the af- (Purpose: To express the sense of the Senate the budget of the United States) firmative vote of three-fifths of the Mem- that the Military Retirement Trust Funds bers, duly chosen and sworn. At the appropriate place, insert the fol- should not be taken into account in com- (d) APPEALS.—Appeals in the Senate from lowing: puting the deficit in the budget of the the decisions of the Chair relating to any United States) SEC. . UNEMPLOYMENT COMPENSATION TRUST provision of this section shall be limited to 1 FUND NOT TAKEN INTO ACCOUNT hour, to be equally divided between, and con- At the appropriate place, insert the fol- FOR DEFICIT PURPOSES. trolled by, the appellant and the manager of lowing: It is the sense of the Senate that the as- the concurrent resolution, bill, or joint reso- SEC. . MILITARY RETIREMENT TRUST FUNDS sumptions underlying this budget resolution lution, as the case may be. An affirmative NOT TAKEN INTO ACCOUNT FOR assume that the receipts and disbursements DEFICIT PURPOSES. vote of three-fifths of the Members of the of the Federal Unemployment Compensation It is the sense of the Senate that the as- Senate, duly chosen and sworn, shall be re- Trust Fund— sumptions underlying this budget resolution quired in the Senate to sustain an appeal of (1) should not be included in the totals of— assume that the receipts and disbursements the ruling of the Chair on a point of order of the retirement and disability trust funds (A) the Budget of the United States gov- raised under this section. for members of the Armed Forces of the ernment as submitted by the President (e) DETERMINATION OF BUDGET LEVELS.— United States— under section 1105 of title 31, United States For purposes of this section, the levels of (1) should not be included in the totals of— Code; or new budget authority, outlays, new entitle- (A) the Budget of the United States gov- (B) the Congressional Budget (including al- ment authority, and revenues for a fiscal ernment as submitted by the President locations of budget authority and outlays year shall be determined on the basis of esti- under section 1105 of title 31, United States provided in the Congressional Budget); mates made by the Committee on the Budget Code; or (2) should not be— of the Senate. (B) the Congressional Budget (including al- (A) considered to be part of any category AMENDMENT NO. 309 locations of budget authority and outlays (as defined in section 250(c)(4) of the Bal- Mr. KERRY addressed the Chair. provided in the Congressional Budget); anced Budget and Emergency Deficit Control The PRESIDING OFFICER. The Sen- (2) should not be— Act of 1985 (2 U.S.C. 900(c)(4))) of discre- ator from Massachusetts. (A) considered to be part of any category tionary appropriations; or Mr. KERRY. Mr. President, I send an (as defined in section 250(c)(4) of the Bal- (B) subject to the discretionary spending anced Budget and Emergency Deficit Control limits established under section 251(b) of the amendment to the desk, and I ask that Act of 1985 (2 U.S.C. 900(c)(4))) of discre- Act (2 U.S.C. 901(b)); it be temporarily set aside per the tionary appropriations; or (3) should not be subject to sequestration unanimous consent request. (B) subject to the discretionary spending under section 251(a) of the Act (2 U.S.C. The PRESIDING OFFICER. The limits established under section 251(b) of the 901(a)); and clerk will report. Act (2 U.S.C. 901(b)); (4) should be exempt from any general The legislative clerk read as follows: (3) should not be subject to sequestration budget limitation imposed by statute on ex- The Senator from Massachusetts [Mr. under section 251(a) of the Act (2 U.S.C. penditures and net lending (budget outlays) KERRY] for himself, Ms. MOSELEY-BRAUN, Mr. 901(a)); and of the United States government. (4) should be exempt from any general WELLSTONE, Ms. MIKULSKI, and Mrs. MURRAY, budget limitation imposed by statute on ex- Mr. INHOFE addressed the Chair. proposes an amendment numbered 309. penditures and net lending (budget outlays) The PRESIDING OFFICER. The Sen- Mr. KERRY. Mr. President, I ask of the United States government. ator from Oklahoma. unanimous consent that reading of the AMENDMENT NO. 301 amendment be dispensed with. AMENDMENT NO. 305 The PRESIDING OFFICER. Without (Purpose: To express the sense of the Senate Mr. INHOFE. Mr. President, I make the same request, that amendment 301 objection, it is so ordered. that the Civil Service Retirement Trust The amendment is as follows: Fund should not be taken into account in be called up and set aside. AMENDMENT NO. 309 computing the deficit in the budget of the The PRESIDING OFFICER. Without United States) objection, it is so ordered. (Purpose: To empower local communities to provide essential interventions in the lives At the appropriate place, insert the fol- The PRESIDING OFFICER. The of our youngest children ages zero to six lowing: clerk will report. and their families so children begin school SEC. . CIVIL SERVICE RETIREMENT TRUST The legislative clerk read as follows: ready to learn) FUNDS NOT TAKEN INTO ACCOUNT FOR DEFICIT PURPOSES. The Senator from Oklahoma [Mr. INHOFE] At the appropriate place, insert the fol- It is the sense of the Senate that the as- proposes an amendment numbered 301. lowing: sumptions underlying this budget resolution Mr. INHOFE. Mr. President, I ask SEC. . DEFICIT-NEUTRAL RESERVE FUND IN assume that the receipts and disbursements unanimous consent that reading of the THE SENATE. (a) IN GENERAL.—In the Senate, revenue of the retirement and disability trust funds amendment be dispensed with. for civilian employees of the United States— and spending aggregates may be changed and (1) should not be included in the totals of— The PRESIDING OFFICER. Without allocations may be revised for legislation (A) the Budget of the United States gov- objection, it is so ordered. that provides funding for early childhood de- ernment as submitted by the President The amendment is as follows: velopment programs for children ages zero to

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4830 CONGRESSIONAL RECORD — SENATE May 21, 1997 six provided that the legislation which (3) If the deficit were calculated according (5) for fiscal year 2002, $28,344,000,000 in out- changes revenues or changes spending will to the requirements of Section 13301, this lays; not increase the deficit for— budget resolution would be projected to re- (b) ENFORCEMENT.—Determinations regard- (1) fiscal year 1998; sult in a deficit of $108.7 billion in fiscal year ing points of order made under section 302(f) (2) the period of fiscal years 1998 through 2002. or 602(c) of the Congressional Budget Act of 2002; or (b) SENSE OF THE SENATE.—It is the sense 1974 shall take into account subsection (a). (3) the period of fiscal years 2002 through of the Senate that the assumptions under- (c) STATUTORY IMPLEMENTATION.—As part 2007. lying this budget resolution assume that of reauthorization of the Intermodal Surface (b) REVISED ALLOCATIONS.— after balancing the unified federal budget, Transportation Efficiency Act of 1991, provi- (1) ADJUSTMENTS FOR LEGISLATION.—Upon the Congress should continue efforts to re- sions shall be included to enact this section the consideration of legislation pursuant to duce the on-budget deficit, so that the fed- into permanent law. subsection (a), the Chairman of the Com- eral budget will be balanced according to the Mr. WARNER. I ask that the amend- requirements of Section 13301, without mittee on the Budget of the Senate may file ment be laid aside, and I ask the man- with the Senate appropriately revised alloca- counting Social Security surpluses. tions under section 302(a) and 602(a) of the agers if the Senator from Virginia can Mr. DORGAN. I ask unanimous con- follow the Senator from Florida [Mr. Congressional Budget Act of 1974 and revised sent that the amendment be tempo- functional levels and aggregates to carry out MACK]. rarily set aside. this section. These revised allocations, func- Mr. KERRY. Reserving the right to tional levels, and aggregates shall be consid- The PRESIDING OFFICER. Without object. ered for the purposes of the Congressional objection, it is so ordered. Mr. LAUTENBERG. We reserve the Budget Act of 1974 as allocations, functional The PRESIDING OFFICER. The right to object. levels and aggregates contained in this reso- Chair recognizes the Senator from Vir- Mr. DOMENICI. I do not want to lution. ginia. (2) ADJUSTMENTS FOR AMENDMENTS.—If the agree to that. I have to get a better un- chairman of the Committee on the Budget AMENDMENT NO. 311 derstanding. submits an adjustment under this section for Mr. WARNER. Mr. President, I send Mr. WARNER. I thought that was the legislation in furtherance of the purpose de- an amendment to the desk. understanding, having discussed it—— scribed in subsection (a) upon the offering of The PRESIDING OFFICER. The Mr. DOMENICI. I have to look at it a an amendment to that legislation that would clerk will report. little more carefully and see where we necessitate such a submission, the chairman shall submit to the Senate appropriately re- The legislative clerk read as follows: are going this evening. vised allocations under sections 302(a) and The Senator from Virginia [Mr. WARNER] Mr. LAUTENBERG. I hope the man- 602(a) of the Congressional Budget Act of 1974 for himself and Mr. BAUCUS, proposes an ager will give us—— and revised functional levels and aggregates amendment numbered 311. Mr. DOMENICI. He is going to have a to carry out this section. These revised allo- Mr. WARNER. Mr. President, I ask chance to have his amendment; there is cations, functional levels, and aggregates unanimous consent that reading of the no question. shall be considered for the purposes of the Congressional Budget Act of 1974 as alloca- amendment be dispensed with. Mr. President, may I be recognized tions, functional levels and aggregates con- The PRESIDING OFFICER. Without for a moment. tained in this resolution. objection, it is so ordered. The PRESIDING OFFICER. The (c) REPORTING REVISED ALLOCATIONS.—The The amendment is as follows: Chair recognizes the Senator from New appropriate committee shall report appro- AMENDMENT NO. 311 Mexico. priately revised allocations pursuant to sec- (Purpose: To ensure that transportation Mr. DOMENICI. I do not think any tions 302(b) and 602(b) of the Congressional Senators ought to be worried about Budget Act of 1974 to carry out this section. revenues are used solely for transportation) having to get to the floor now to offer Mr. KERRY. I ask the amendment be At the end of the resolution, add the fol- lowing new title: their amendments. Under the unani- set aside per the unanimous consent re- mous-consent request, we said they had quest. TITLE IV—TRANSPORTATION REVENUES to be filed by the close of business USED SOLELY FOR TRANSPORTATION The PRESIDING OFFICER. Without today. You can just file them. objection, it is so ordered. SEC. 401. READJUSTMENTS. They have to be offered in the Cham- Levels of new budget authority and out- AMENDMENT NO. 310 ber. OK. So I say to Senators, I am lays set forth in function 400 in section 103 The PRESIDING OFFICER. The Sen- shall be increased as follows: going to get us many as I can, and then ator from North Dakota. (1) for fiscal year 1998, by $0 in outlays and I will want later—— Mr. DORGAN. Mr. President, I send by $0 in new budget authority; Mr. GRAMM. Why don’t we do the an amendment to the desk. (2) for fiscal year 1999, by $770,000,000 in people on the floor. If others appear, The PRESIDING OFFICER. The outlays and by $3,600,000,000 in new budget let us do it, but that will run into clerk will report. authority; hours. Let us let everybody on the The legislative clerk read as follows: (3) for fiscal year 2000, by $2,575,000,000 in floor file their amendment if they want outlays and by $4,796,000,000 in new budget The Senator from North Dakota [Mr. DOR- to. authority; GAN] for himself, Mr. DASCHLE, and Mr. HOL- Mr. KERREY addressed the Chair. (4) for fiscal year 2001, by $3,765,000,000 in LINGS, proposes an amendment numbered 310. outlays and by $5,363,000,000 in new budget The PRESIDING OFFICER. The Mr. DORGAN. Mr. President, I ask authority; and Chair recognizes the Senator from Ne- unanimous consent that reading of the (5) for fiscal year 2002, by $4,488,000,000 in braska. amendment be dispensed with. outlays and by $5,619,000,000 in new budget AMENDMENT NO. 312 The PRESIDING OFFICER. Without authority; Mr. KERREY. Mr. President, I send objection, it is so ordered. SEC. 402. HIGHWAY TRUST FUND ALLOCATIONS. an amendment to the desk and ask for The amendment is as follows: (a) ALLOCATED AMOUNTS.—Of the amounts its immediate consideration. of outlays allocated to he Committees on Ap- AMENDMENT NO. 310 The PRESIDING OFFICER. The propriations of the House and Senate by the (Purpose: To express the sense of the Senate joint explanatory statement accompanying clerk will report. on Social Security and balancing the budget) this resolution pursuant to sections 302 and The legislative clerk read as follows: At the appropriate place in the resolution, 602 of the Congressional Budget Act of 1974, The Senator from Nebraska [Mr. KERREY], insert the following: the following amounts shall be used for con- for himself, Mr. CHAFEE, Mr. ROBB, Mr. SEC. . SENSE OF THE SENATE ON SOCIAL SECU- tract authority spending out of the Highway FRIST, Mr. BREAUX, Mr. ROTH, and Mr. RITY AND BALANCING THE BUDGET. Trust Fund— BINGAMAN, proposes an amendment num- (a) FINDINGS.—The Senate finds that— (1) for fiscal year 1998, $22,256,000,000 in out- bered 312. (1) This budget resolution is projected to lays; Mr. KERREY. Mr. President, I ask balance the unified budget of the United (2) for fiscal year 1999, $24,063,000,000 in out- unanimous consent that reading of the lays; States in fiscal year 2002; amendment be dispensed with. (2) Section 13301 of the Budget Enforce- (3) for fiscal year 2000, $26,092,000,000 in out- ment Act of 1990 requires that the deficit be lays; The PRESIDING OFFICER. Without computed without counting the annual sur- (4) for fiscal year 2001, $27,400,000,000 in out- objection, it is so ordered. pluses of the Social Security trust funds; and lays; and The amendment is as follows:

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4831 AMENDMENT NO. 312 not caused by liberals; it is not caused In l950, seven workers supported each (Purpose: To express the Sense of the Senate by conservatives. It is caused by a very social security beneficiary, Mr. Presi- on the need for long-term entitlement re- difficult demographic fact, and that de- dent. By l990 there were just five work- forms) mographic fact is the baby boom gen- ers per beneficiary. And by the year At the appropriate place, add the fol- eration: 77 million people born between 2030, there will be fewer than three lowing: the years 1945 and 1965. workers per beneficiary. SEC. . SENSE OF THE SENATE SUPPORTING Third, today we have 133 million We all know the statistics. By the LONG-TERM ENTITLEMENT RE- FORMS. Americans who are working; they are year 20l2, if no changes are made, enti- (a) The Senate finds that the resolution as- supporting about 39 million bene- tlements and interest on the debt will sumes the following— ficiaries in the Social Security pro- consume every single dollar the Fed- (1) entitlement spending has risen dramati- gram. In 2030, when a baby born today eral Government takes in. This stifles cally over the last thirty-five years. will be 33 years of age, there will be 163 our ability to invest in our Nation and (2) in 1963, mandatory spending (i.e. enti- million workers, a 20-percent increase, protect some of our most vulnerable tlement spending and interest on the debt) but there will be more than a doubling citizens. made up 29.6 percent of the budget, this fig- of number of people who will then be ure rose to 61.4 percent by 1993 and is ex- And it doesn’t have to be, Mr. Presi- pected to reach 70 percent shortly after the beneficiaries, 80 million. We need to ad- dent. Small steps today can save bil- year 2000. dress the difficult policy issues behind lions tomorrow. Billions of dollars of (3) this mandatory spending is crowding these numbers sooner rather than debt we will not leave to our children— out spending for the traditional ‘‘discre- later. the baby bust generation, as Pete tionary’’ functions of government like clean Let me give you my last set of num- Peterson calls those who will inherit air and water, a strong national defense, bers, Mr. President, and then I will be our debt. parks and recreation, education, our trans- finished. I have heard lots of people Mr. President, this amendment pro- portation system, law enforcement, research come to the floor and talk about the poses that we work to enact structural and development and other infrastructure need to take care of our children and spending. reforms which will successfully re- (4) taking significant steps sooner rather make sure that we are investing in our strain the growth of mandatory ex- than later to reform entitlement spending children. penditures. In my view, the Senate will not only boost economic growth in this In 1996, 29 percent of our population should consider such reforms as using country, it will also prevent the need for is under the age of 20. In 2030, 24 per- the most accurate measure of cost-of- drastic tax and spending decisions in the cent of our population will be under living available, extending the civil next century. the age of 20. So again, in 33 years, a (b) SENSE OF THE SENATE.—It is the Sense service retirement age for future Gov- relatively short period of time, we are ernment workers, extending the mili- of the Senate that levels in this budget reso- going to go from 79 million people tary retirement age for future enlist- lution assume that— under the age of 20 to 83 million people (1) Congress and the President should work ees, gradually tracking Medicare eligi- under the age of age 20. But in the over to enact structural reforms in entitlement bility with Social Security eligibility, 65 category we will go from 13 percent spending in 1997 and beyond which suffi- and extending the retirement age for to 20, from 34 million to 68 million, a ciently restrain the growth of mandatory Social Security. spending in order to keep the budget in bal- doubling of that population. So I urge my colleagues to support ance over the long term, extend the solvency This amendment simply says to un- of the Social Security and Medicare Trust derstand the growth of mandatory pro- this amendment. Otherwise, the day Funds, avoid crowding out funding for basic grams and get that growth under con- will surely come when we will have to government functions and that every effort trol, it is the sense of the Senate that explain to our children why, when we should be made to hold mandatory spending we make every effort we can to hold could have made a difference, we failed to no more than seventy percent of the budg- to enact entitlement reform. et. mandatory spending below 70 percent of the Federal budget and that we These kinds of choices are never easy Mr. KERREY. Mr. President, this make the structural reforms necessary politically—but they just get tougher amendment addresses the need to keep to make that happen. as the problem becomes more acute. the budget in balance over the long I appreciate very much the Senator Now is the time to act if we are going haul. The budget resolution we are con- from Texas allowing me to do this, and to act responsibly. sidering today will bring us into bal- I appreciate very much both the Sen- With that, Mr. President, I yield the ance by 2002. I support that budget res- ator from New Mexico and the Senator floor. olution, that budget effort. But after from New Jersey agreeing to accept The PRESIDING OFFICER. The that work is done, there is some addi- this as part of this budget resolution. question is on agreeing to the amend- tional work and very difficult work Mr. ROBB. Mr. President, I rise in ment. Without objection, the amend- that we need to do. support of the amendment from the ment is agreed to. There are four sets of numbers that I Senator from Nebraska which ex- The amendment (No. 312) was agreed want to bring to my colleagues’ atten- presses the Sense of the Senate that to. tion. The first set of numbers deals adjustments in Federal benefit pro- Mr. LAUTENBERG. Mr. President, I with where we are headed in terms of grams should be considered by the Sen- move to reconsider the vote. how much of the budget goes to discre- ate. I commend my colleague from Ne- Mr. DOMENICI. I move to lay that tionary spending and how much goes to braska for his work on this important motion on the table. mandatory spending, that is entitle- effort. The motion to lay on the table was ments and interest on the debt. In 1963 Mr. President, this amendment rec- agreed to. our budget was approximately 70 per- ognizes the fact that we face an explo- Mr. LAUTENBERG. Mr. President, I cent discretionary, 30 percent manda- sion in entitlement spending over the have a unanimous-consent request, if I tory spending. At the end of this budg- near horizon, not just because we may. I ask unanimous consent that et agreement, it will be over 70 percent promised too much to too many, but Nick Minshew, a fellow in the office of mandatory and less than 30 percent dis- principally due to simple demo- Senator WELLSTONE, be granted floor cretionary spending. And about 10 graphics. Our people are living longer privileges for the day. years beyond that it will be nearly 100 and the great baby boomer generation The PRESIDING OFFICER. Without percent mandatory spending. is getting closer to retirement. objection, it is so ordered. What my amendment says is we In l940, the average woman in Amer- AMENDMENT NO. 291 ought to fix it at 70 percent, we ought ica who retired at age 65 received social Mrs. MURRAY addressed the Chair. to do what we can to fix it at 70 per- security benefits for l3.4 years. By l995, The PRESIDING OFFICER. The cent, that at some point we have to women—and men—were living much Chair recognizes the Senator from stop the movement toward this budget longer. And the average woman retir- Washington for an amendment. becoming 100 percent mandated spend- ing in l995 will receive l9.l years of So- Mrs. MURRAY. I thank the Chair. ing. cial Security—or nearly 6 more years Mr. President, I ask unanimous con- The second set of numbers, Mr. Presi- of benefits—because the retirement age sent to call up my amendment—it is at dent, illustrates that this problem is still remains at 65. the desk—No. 291 on domestic violence.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4832 CONGRESSIONAL RECORD — SENATE May 21, 1997 The PRESIDING OFFICER. Without violence option fearing that it will interfere welfare reform implementation plans. objection, it is so ordered. with the 20 percent hardship exemption. However, because there appears to be a The clerk will report. (10) Currently 15 States have opted to in- general lack of congressional intent on clude the family violence option in their wel- The legislative clerk read as follows: fare plans, and 13 other States have included this option, my amendment is nec- The Senator from Washington [Mrs. MUR- some type of domestic violence provisions in essary to assist those States who are RAY] for herself and Mr. WELLSTONE, pro- their plans. trying to do the right thing. The States poses an amendment numbered 291. SEC. 2. SENSE OF CONGRESS. need to know that they will not be pe- Mrs. MURRAY. Mr. President, I ask It is the sense of Congress that the provi- nalized for exempting victims of do- unanimous consent that reading of the sions of this Resolution assume that— mestic abuse and violence from the (1) States should not be subject to any nu- mandatory work and training require- amendment be dispensed with. merical limits in grading domestic violence The PRESIDING OFFICER. Without good cause waivers under section ments. objection, it is so ordered. 402(a)(7)(A)(iii)) of the Social Security Act For many victims, simply finding a The amendment is as follows: (42 U.S.C. 602(a)(7)(A)(iii)) to individuals re- job can place them and their children AMENDMENT NO. 291 ceiving assistance, for all requirements in great danger. Giving an employer (Purpose: To express the sense of the where compliance with such requirements their home phone number or address Congress concerning domestic violence) would make it more difficult for individuals exposes them to their abuser. Placing receiving assistance to escape domestice vio- At the appropriate place, insert the fol- lence; and their child in unsecured day care ex- lowing: (2) any individual who is granted a domes- poses the child to the abuser. Victims SEC. . SENSE OF CONGRESS ON FAMILY VIO- tic violence good cause waiver by a State of domestic violence and abuse cannot LENCE OPTION CLARIFYING AMEND- shall not be included in the States’ 20 per- simply utilize most day care options. MENT. cent hardship exemption under section Once they leave their abuser they sub- (a) FINDINGS.—Congress finds the fol- 408(a)(7) of the Social Security Act (42 U.S.C. ject themselves and their child to the lowing: 608(a)(7)). (1) Domestic violence is the leading cause risk of retaliation. How can we say to of physical injury to women. The Depart- Mrs. MURRAY. Mr. President, my a victim of domestic violence that they ment of Justice estimates that over 1,000,000 amendment seeks only to clarify the must find a job knowing that we are violent crimes against women are committee support of this body for the family vio- placing them and their children in by intimate partners annually. lence option, adopted during consider- harms way? (2) Domestic violence dramatically affects ation of the Personal Responsibility Helping and guiding abused women the victim’s ability to participate in the and Work Opportunity Reconciliation and children off of welfare involves workforce. A University of Minnesota survey Act. The family violence option allows 1 much more than job training. Many of reported that ⁄4 of battered women surveyed States to waive victims of domestic vi- had lost a job partly because of being abused these women are already employed or olence and abuse from punitive work and that over 1⁄2 of these women had been have been employed in the past; but and education requirements, without harassed by their abuser at work. their abuser is the obstacle that traps being penalized. States would not be (3) Domestic violence is often intensified them into a life of poverty. States as women seek to gain economic independ- required to include these individuals in must be able to meet these needs with- ence through attending school or training their 20-percent hardship exemption. programs. Batterers have been reported to The family violence option amend- out jeopardizing the overall success of prevent women from attending these pro- ment, which I joined with Senator their welfare reform plans. grams or sabotage their efforts at self-im- WELLSTONE in offering to the welfare I ask my colleagues for not just their provement. reform legislation, was intended to support, but their help as well. Please (4) Nationwide surveys of service providers vote yes on this amendment to prevent prepared by the Taylor Institute of Chicago, give States the flexibility to ensure Illinois, document, for the first time, the that victims of domestic violence and women and children from being trapped interrelationship between domestic violence abuse do not become victims of welfare in a violent situation simply because and welfare by showing that from 34 percent reform. The amendment was adopted they cannot meet certain requirements to 65 percent of AFDC recipents are current and accepted as part of the final con- that have nothing to do with improv- or past victims of domestic violence. ference report. ing their lives. I know that none of my (5) Over 1⁄2 of the women surveyed stayed At the time, it was clear to many of colleagues would have supported plac- with their batterers because they lacked the us that there is a direct relationship ing obstacles in the way of women try- resources to support themselves and their between domestic violence and pov- ing to leave a violent home. children. The surveys also found that the availability of economic support is a critical erty. Many women and their children The PRESIDING OFFICER. Did the factor in poor women’s ability to leave abu- become trapped in violent situations Senator from Washington wish her sive situations that threaten them and their based on their economic dependency. amendment set aside? children. For many women and their children, Mrs. MURRAY. Yes. (6) The restructuring of the welfare pro- welfare offers the only way out of a grams may impact the availability of the violent and dangerous environment. To The PRESIDING OFFICER. Without economic support and the safety net nec- create arbitrary obstacles to this as- objection, it is so ordered. essary to enable poor women to flee abuse sistance simply ensures that women AMENDMENT NO. 313 without risking homelessness and starvation for their families. and children will be trapped. This was The PRESIDING OFFICER. The (7) In recongition of this finding, the Com- obvious to many of us, but a recent re- Chair recognizes the Senator from Min- mittee on the Budget of the Senate in con- port from the Taylor Institute made nesota. sidering the 1997 Resolution on the budget of our case more solid. This report re- Mr. WELLSTONE. I send an amend- the United States unanimously adopted a viewed previous studies on domestic vi- ment to the desk and I ask for its im- sense of the Congress amendment concerning olence and abuse and made some star- mediate consideration. domestic violence and Federal assistance. tling conclusions regarding the number Subsequently, Congress adopted the family of women who are receiving welfare The PRESIDING OFFICER. The violence option amendment as part of the clerk will report. Personal Responsibility and Work Oppor- and who have been abused by their tunity Reconciliation Act of 1996. partner. I can tell my colleagues that The legislative clerk read as follows: (8) The family violence option gives States this number alone could well exceed The Senator from Minnesota [Mr. the flexibility to grant temporary waivers the 20-percent hardship exemption. WELLSTONE] proposes an amendment num- from time limits and work requirements for Giving States the flexibility that bered 313. domestic violence victims who would suffer they need to address this crisis is abso- Mr. WELLSTONE. I ask unanimous extreme hardship from the application of lutely necessary if the true objective is consent that reading of the amendment these provisions. These waivers were not in- welfare reform. Any effort to move peo- tended to be included as part of the perma- be dispensed with and the amendment ple from welfare to work must address nent 20 percent hardship exemption. be temporarily set aside. the obstacles facing those victims of (9) The Department of Health and Human The PRESIDING OFFICER. Without Services has been slow to issue regulations abuse and violence. regarding this provision. As a result, States Many States have attempted to in- objection, it is so ordered. are hesitant to fully implement the family clude a family violence option in their The amendment is as follows:

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AMENDMENT NO. 313 On page 38, line 14, decrease the amount by On page 22, line 1, increase the amount by (Purpose: To ensure that this resolution as- 700,000,000. $1,600,000,000. sumes increases in funding for Headstart On page 38, line 15, decrease the amount by On page 22, line 8, increase the amount by and EarlyStart, child nutrition programs, 2,700,000,000. $1,600,000,000. and school construction, and that this ad- On page 40, line 17, decrease the amount by On page 22, line 9, increase the amount by ditional funding will be paid for by reduc- 5,000,000,000. $1,600,000,000. ing tax benefits to the top 2 percent of in- On page 41, line 7, decrease the amount by On page 22, line 16, increase the amount by come earners in the United States as well 5,012,000,000. $1,500,000,000. On page 22, line 17, increase the amount by as by reducing tax benefits that are com- On page 41, line 8, decrease the amount by $1,600,000,000. monly characterized as corporate welfare 16,364,000,000. On page 22, line 24, increase the amount by or tax loopholes) On page 43, line 21, increase the amount by 1,101,000,000. $1,300,000,000. On page 3, line 3, increase the amount by On page 43, line 22, increase the amount by On page 22, line 25, increase the amount by 1,650,000,000. 440,000,000. $1,500,000,000. On page 3, line 4, increase the amount by On page 43, line 24, increase the amount by On page 43, line 21, increase the amount by 2,190,000,000. 2,039,000,000. $1,600,000,000. On page 3, line 5, increase the amount by On page 43, line 25, increase the amount by On page 43, line 22, increase the amount by 3,116,000,000. 1,366,000,000. $1,600,000,000. On page 3, line 6, increase the amount by On page 44, line 2, increase the amount by On page 43, line 24, increase the amount by 4,396,000,000. 3,541,000,000. $1,600,000,000. On page 3, line 7, increase the amount by On page 44, line 3, increase the amount by On page 43, line 25, increase the amount by 5,012,000,000. 2,546,000,000. $1,600,000,000. On page 3, line 11, increase the amount by On page 44, line 5, increase the amount by On page 44, line 2, increase the amount by 1,650,000,000. 5,843,000,000. $1,500,000,000. On page 3, line 12, increase the amount by On page 44, line 6, increase the amount by On page 44, line 3, increase the amount by 2,190,000,000. 4,312,000,000. $1,600,000,000. On page 3, line 13, increase the amount by On page 44, line 6, increase the amount by AMENDMENT NO. 314 3,116,000,000. $1,300,000,000. On page 3, line 14, increase the amount by Mr. WELLSTONE. Mr. President, I On page 44, line 6, increase the amount by 4,396,000,000. send another amendment to the desk $1,500,000,000. On page 3, line 15, increase the amount by on behalf of myself and Senator BINGA- Mr. WELLSTONE. I ask unanimous 5,012,000,000. MAN. consent that the amendment be tempo- On page 4, line 4, increase the amount by The PRESIDING OFFICER. The rarily laid aside. 5,400,000,000. clerk will report. The PRESIDING OFFICER. Without On page 4, line 5, increase the amount by The legislative clerk read as follows: 1,601,000,000. objection, it is so ordered. On page 4, line 6, increase the amount by The Senator from Minnesota [Mr. The Chair recognizes the Senator 2,539,000,000. WELLSTONE], for himself, Mr. REED, Mr. from Florida. BINGAMAN, and Mr. MOYNIHAN, proposes an On page 4, line 7, increase the amount by AMENDMENT NO. 315 amendment numbered 314. 4,141,000,000. Mr. MACK. Mr. President, I send an On page 4, line 8, increase the amount by Mr. WELLSTONE. Mr. President, I amendment to the desk. 6,543,000,000. ask unanimous consent that reading of On page 4, line 12, increase the amount by The PRESIDING OFFICER. The the amendment be dispensed with. clerk will report. 1,650,000,000. The PRESIDING OFFICER. Without On page 4, line 13, increase the amount by The legislative clerk read as follows: 2,190,000,000. objection, it is so ordered. The Senator from Florida [Mr. MACK] for On page 4, line 14, increase the amount by The amendment is as follows: himself, Mrs. FEINSTEIN, Mr. KENNEDY, Mr. 3,116,000,000. AMENDMENT NO. 314 FRIST, Mr. D’AMATO, Mr. DEWINE, Mrs. On page 4, line 15, increase the amount by (Purpose: To ensure that the provisions in BOXER, Ms. COLLINS, Mr. DURBIN, Mr. REID, 4,396,000,000. this resolution assume that, before funds Mr. BREAUX, and Mr. SPECTER, proposes an On page 4, line 16, increase the amount by are spent on unjustified tax benefits and amendment numbered 315. 5,012,000,000. tax loopholes commonly known as cor- Mr. MACK. Mr. President, I ask On page 21, line 25, increase the amount by porate welfare, Pell Grants for needy unanimous consent that reading of the 1,101,000,000. studnets should be increased) On page 22, line 1, increase the amount by amendment be dispensed with. On page 3, line 4, increase the amount by The PRESIDING OFFICER. Without 1,690,000,000. $1,600,000,000. On page 22, line 8, increase the amount by objection, it is so ordered. On page 3, line 5, increase the amount by The amendment is as follows: 2,039,000,000. $1,600,000,000. On page 22, line 9, increase the amount by On page 3, line 6, increase the amount by AMENDMENT NO. 315 2,616,000,000. $1,600,000,000. (Purpose: To express the sense of the Senate On page 22, line 16, increase the amount by On page 3, line 7, increase the amount by that the Federal commitment to bio- 3,541,000,000. $1,500,000,000. medical research should be doubled over On page 22, line 17, increase the amount by On page 3, line 12, increase the amount by the next 5 years) 3,796,000,000. $1,600,000,000. At the appropriate place, insert the fol- On page 22, line 24, increase the amount by On page 3, line 13, increase the amount by lowing: 5,843,000,000. $1,600,000,000. On page 22, line 25, increase the amount by SEC. ll. SENSE OF THE SENATE REGARDING On page 3, line 14, increase the amount by THE NATIONAL INSTITUTES OF 4,312,000,000. $1,600,000,000. HEALTH. On page 26, line 6, increase the amount by On page 3, line 15, increase the amount by (a) FINDINGS.—Congress finds that— 400,000,000. $1,500,000,000. (1) heart disease was the leading cause of On page 26, line 7, increase the amount by On page 4, line 5, increase the amount by death for both men and women in every year 400,000,000. $1,600,000,000. from 1970 to 1993; On page 26, line 14, increase the amount by On page 4, line 6, increase the amount by (2) mortality rates for individuals suffering 500,000,000. $1,600,000,000. from prostate cancer, skin cancer, and kid- On page 26, line 15, increase the amount by On page 4, line 7, increase the amount by ney cancer continue to rise; 500,000,000. $1,500,000,000. (3) the mortality rate for African American On page 26, line 22, increase the amount by On page 4, line 8, increase the amount by women suffering from diabetes is 134 percent 500,000,000. $1,300,000,000. higher than the mortality rate of Caucasian On page 26, line 23, increase the amount by On page 4, line 13, increase the amount by women suffering from diabetes; 500,000,000. $1,600,000,000. (4) asthma rates for children increased 58 On page 27, line 5, increase the amount by On page 4, line 14, increase the amount by percent from 1982 to 1992; 600,000,000. $1,600,000,000. (5) nearly half of all American women be- On page 27, line 6, increase the amount by On page 4, line 15, increase the amount by tween the ages of 65 and 75 reported having 600,000,000. $1,600,000,000. arthritis; On page 27, line 13, increase the amount by On page 4, line 16, increase the amount by (6) AIDS is the leading cause of death for 700,000,000. $1,500,000,000. Americans between the ages of 24 and 44; On page 27, line 14, increase the amount by On page 21, line 25, increase the amount by (7) the Institute of Medicine has described 700,000,000. $1,600,000,000. United States clinical research to be ‘‘in a

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state of crisis’’ and the National Academy of (A) According to the President’s own (b) SENSE OF THE SENATE.—It is the sense Sciences concluded in 1994 that ‘‘the present economists, the tax burden on Americans is of the Senate that the functional totals un- cohort of clinical investigators is not ade- the highest ever at 31.7 percent. derlying this concurrent resolution on the quate’’; (B) According to the National Taxpayers budget assume that— (8) biomedical research has been shown to Union, the average American family now (1) the Congress should consider in the ex- be effective in saving lives and reducing pays almost 40 percent of their income in tension of the Budget Enforcement Act pro- health care expenditures; state, local, and federal taxes. visions that budget for emergencies or that (9) research sponsored by the National In- (C) Between 1978 and 1985, while the top require emergency spending to be offset; stitutes of Health has contributed signifi- marginal rate on capital gains was cut al- (2) such provisions should also provide cantly to the first overall reduction in can- most in half—from 35 to 20 percent—total an- flexibility to meet emergency funding re- cer death rates since recordkeeping was in- nual federal receipts from the tax almost tri- quirements associated with natural disas- stituted; pled from $9.1 billion annually to $26.5 billion ters; (10) research sponsored by the National In- annually. (3) Congress and the President should ap- stitutes of Health has resulted in the identi- (D) Conversely, when Congress raised the propriate at least $5 billion every year with- fication of genetic mutations for rate in 1986, revenues actually fell well below in discretionary limits to provide natural osteoporosis; Lou Gehrig’s Disease, cystic fi- what was anticipated. disaster relief; brosis, and Huntington’s Disease; breast, (E) Economists across-the-board predict (4) Congress and the President should not skin and prostate cancer; and a variety of that cutting the capital gains rate will re- designate any emergency spending for nat- other illnesses; sult in a revenue windfall for the Treasury. ural disaster relief until amounts provided in (11) research sponsored by the National In- (F) While a USA Today poll from this regular appropriations are exhausted. stitutes of Health has been key to the devel- March found 70 percent of the American peo- opment of Magnetic Resonance Imaging ple believe that they need a tax cut, under AMENDMENT NO. 318 (MRI) and Positron Emission Tomography this resolution federal spending will grow 17 (Purpose: To hold nondefense discretionary (PET) scanning technologies; percent over five years while the net tax cuts spending for fiscal years 1998 through 2002 (12) research sponsored by the National In- are less than 1 percent of the total tax bur- to the levels proposed by President Clinton stitutes of Health has developed effective den. in his fiscal year 1997 budget request for treatments for Acute Lymphoblastic Leu- (b) SENSE OF SENATE.—It is the sense of the these same years, saving $76 billion, and kemia (ALL). Today, 80 percent of children Senate that with respect to the revenue lev- using these savings to increase the net tax diagnosed with Acute Lymphoblastic Leu- els established under this resolution, to the cut from $85 billion to $161 billion, allowing kemia are alive and free of the disease after extent that actual revenues exceed the reve- full funding of the $500 per child tax credit 5 years; and nues projected under this resolution due to and full funding of the capital gains tax (13) research sponsored by the National In- higher than anticipated economic growth, cut) stitutes of Health contributed to the devel- that revenue windfall should be reserved ex- On page 3, decrease the amount on line 2 by opment of a new, cost-saving cure for peptic clusively for additional tax cuts and/or def- $2,800,000,000. ulcers. icit reduction. On page 3, decrease the amount on line 4 by (b) SENSE OF THE SENATE.—It is the sense Mr. ABRAHAM. Mr. President, I ask $14,200,000,000. of the Senate that this Resolution assumes unanimous consent that the amend- On page 3, decrease the amount on line 5 by that— $22,000,000,000. (1) appropriations for the National Insti- ment be set aside. The PRESIDING OFFICER. Without On page 3, decrease the amount on line 6 by tutes of Health should be increased by 100 $23,200,000,000. percent over the next 5 fiscal years; and objection, it is so ordered. On page 3, decrease the amount on line 7 by (2) appropriations for the National Insti- Mr. GRAMM addressed the Chair. $14,800,000,000. tutes of Health should be increased by The PRESIDING OFFICER. The On page 3, decrease the amount on line 11 $2,000,000,000 in fiscal year 1998 over the Chair recognizes the patient Senator by $2,800,000,000. amount appropriated in fiscal year 1997. from Texas. On page 3, decrease the amount on line 12 by $14,200,000,000. Mr. MACK. I ask unanimous consent AMENDMENT NOS. 317, 318, 319 AND 320 that the amendment be set aside. On page 3, decrease the amount on line 13 Mr. GRAMM. Mr. President, having by $22,000,000,000. The PRESIDING OFFICER. Without been patient, I want to send four On page 3, decrease the amount on line 14 objection, it is so ordered. amendments to the desk. by $23,200,000,000. Mr. ABRAHAM addressed the Chair. The PRESIDING OFFICER. The On page 3, decrease the amount on line 15 The PRESIDING OFFICER. The clerk will report. by $14,800,000,000. Chair recognizes the Senator from The legislative clerk read as follows: On page 4, decrease the amount on line 4 by Michigan. $10,400,000,000. The Senator from Texas [Mr. GRAMM] pro- On page 4, decrease the amount on line 5 by AMENDMENT NO. 316 poses amendments numbered 317, 318, 319, $15,100,000,000. Mr. ABRAHAM. Mr. President, I send and 320. On page 4, decrease the amount on line 6 by an amendment to the desk and ask for Mr. GRAMM. Mr. President, I ask $16,800,000,000. its immediate consideration. unanimous consent that reading of the On page 4, decrease the amount on line 7 by The PRESIDING OFFICER. The amendments be dispensed with. $5,400,000,000. clerk will report. The PRESIDING OFFICER. Without On page 4, decrease the amount on line 8 by $3,700,000,000. The legislative clerk read as follows: objection, it is so ordered. On page 4, decrease the amount on line 12 The Senator from Michigan [Mr. ABRAHAM] The amendments are as follows: by $2,800,000,000. for himself, Mr. KYL, Mr. BROWNBACK, Mr. AMENDMENT NO. 317 On page 4, decrease the amount on line 13 ASHCROFT, Mr. SESSIONS, and Mr. COVER- (Purpose: To express the sense of the Senate by $14,200,000,000. DELL, proposes an amendment numbered 316. to address emergency spending) On page 4, decrease the amount on line 14 by $22,000,000,000. Mr. ABRAHAM. Mr. President, I ask At the end of title III insert the following: unanimous consent that reading of the On page 4, decrease the amount on line 15 SEC. . SENSE OF THE SENATE ON DISASTER AS- by $23,200,000,000. amendment be dispensed with. SISTANCE FUNDING. On page 4, decrease the amount on line 16 The PRESIDING OFFICER. Without (a) FINDINGS.—The Senate finds that— by $14,800,000,000. objection, it is so ordered. (1) emergency spending adds to the deficit On page 35, decrease the amount on line 9 The amendment is as follows: and total spending; by $10,400,000,000. (2) the Budget Enforcement Act of 1990 ex- AMENDMENT NO. 316 On page 35, decrease the amount on line 10 empts emergency spending from the discre- by $2,800,000,000. (Purpose: To express the sense of the Senate tionary spending caps and pay-go require- On page 35, decrease the amount on line 15 that, to the extent that future revenues ex- ments; by $15,100,000,000. ceed the revenue aggregates contained in (3) the Budget Enforcement Act of 1990 ex- On page 35, decrease the amount on line 16 this resolution, those additional revenues pires in 1998 and needs to be extended; by $14,200,000,000. should be reserved for deficit reduction and (4) since the enactment of the Budget En- On page 35, decrease the amount on line 21 tax cuts only) forcement Act, Congress and the President by $16,800,000,000. SEC. . SENSE OF SENATE ON ECONOMIC have approved an average of $5.8 billion per On page 35, decrease the amount on line 22 GROWTH DIVIDEND PROTECTION. year in emergency spending; by $22,000,000,000. (a) FINDINGS.— (5) a natural disaster in any particular On page 36, decrease the amount on line 2 The Senate finds that with respect to the State is unpredictable, but the United States by $5,400,000,000. revenue levels established under this resolu- is likely to experience a natural disaster al- On page 36, decrease the amount on line 3 tion: most every year. by $23,200,000,000.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4835 On page 36, decrease the amount on line 8 On page 43, line 21, decrease the amount by Having gone through that, then I will by $3,700,000,000. $7,052,000,000. turn to the amendment. First of all, let On page 36, decrease the amount on line 9 On page 43, line 24, decrease the amount by me talk about deficits. When this budg- by $14,800,000,000. $7,171,000,000. On page 41, increase the amount on line 7 On page 44, line 2, decrease the amount by et debate started, based on a re-esti- by $14,800,000,000. $7,292,000,000. mation of the economy due to stronger On page 41, increase the amount on line 8 On page 44, line 5, decrease the amount by economic output and stronger perform- by $77,000,000,000. $7,414,000,000. ance, what was required to balance the On page 43, decrease the amount on line 14 Mr. GRAMM. Under the unanimous- Federal budget when this budget de- by $10,400,000,000. consent request, the first amendment bate started was $339 billion of deficit On page 43, decrease the amount on line 15 reduction. When the President and con- by $2,800,000,000. is a disaster amendment that has been On page 43, decrease the amount on line 21 accepted by Senator DOMENICI. I do not gressional negotiators met for the first by $15,100,000,000. think that will require much debate. time, that was the level of deficit re- On page 43, decrease the amount on line 22 The amendment that we will debate duction that was required, as compared by $14,200,000,000. and we will vote on is the amendment to current law, to balance the Federal On page 43, decrease the amount on line 24 having to do with taxes. And so what I budget. In other words, if we had sim- by $16,800,000,000. ply not had a budget and left every law On page 43, decrease the amount on line 25 would like to do is to set aside the by $22,000,000,000. other two amendments and go ahead in place, not repeal any law, not pass a On page 44, decrease the amount on line 2 and begin the debate on the amend- new law, and kept discretionary spend- by $5,400,000,000. ment on taxes. ing at its current level, it would have On page 44, decrease the amount on line 3 The PRESIDING OFFICER. Without taken $339 billion of deficit reduction by $23,200,000,000. objection, it is so ordered. to balance the Federal budget. On page 44, decrease the amount on line 5 I would like to first go through how AMENDMENT NO. 318 by $3,700,000,000. this budget balances the budget in 2002. On page 44, decrease the amount on line 6 Mr. GRAMM. Mr. President, I want On Thursday night 3 weeks ago, when by $14,800,000,000. to make an opening statement now we reached an impasse in the budget about the budget before I turn to the negotiations, the Congressional Budget AMENDMENT NO. 319 amendment on taxes. Let me begin by (Purpose: To ensure that the discretionary Office came forward with the glorious congratulating those who have put the news that, due to a change in the esti- limits provided in the budget resolution budget agreement together. I have had shall apply in all years) mation they had made, the Federal an opportunity in both the House and Government could expect to collect On page 45, strike line 10 through the pe- the Senate to work on many budgets. I riod on line 18. $225 billion of additional revenues over understand the difficulty of putting a the next 5 years. That $225 billion of AMENDMENT NO. 320 budget agreement together. And I additional revenues that the Congres- (Purpose: To ensure that the 4.3¢ federal gas think when so many people have done sional Budget Office decided to project tax increase enacted in 1993, which for the so much work, it is incumbent on for the future represents 66 percent of first time dedicated a permanent gas tax someone who opposes that final prod- all deficit reduction required to bal- increase to general revenues, will be trans- uct to say why. So what I would like to ance the budget that is before us; 66 ferred to the Highway Trust Fund, pro- do is to go ahead and explain why I am viding about $7 billion per year more for percent of the deficit reduction simply not for this budget, what I believe is comes from the fact that the Congres- transportation infrastructure and reducing wrong with the budget, and then con- other spending by an equal amount, mak- sional Budget Office, 3 weeks ago, de- ing the transfer deficit neutral) sider an amendment which corrects to cided to change the estimate about the a significant degree not everything On page 18, line 8, increase the amount by future performance of the economy and $6,931,000,000. that I find objectionable in the budget, tax collections, based on the very On page 18, line 9, increase the amount by but certainly as a movement toward strong quarter of economic growth we $6,931,000,000. the vision that I have for the future of are in. On page 18, line 16, increase the amount by the country and what we would like Mr. President, $28 billion of the def- $7,052,000,000. that future to be. icit reduction in the budget before us On page 18, line 17, increase the amount by Let me begin by going through a cou- $7,052,000,000. comes from an assumption that the On page 18, line 24, increase the amount by ple of charts which I think will save measure of inflation will be lower in $7,171,000,000. time for the Senate. the future, and that $28 billion of sav- On page 18, line 25, increase the amount by The PRESIDING OFFICER. Will the ings that comes from an assumption $7,171,000,000. Senator suspend for one moment. about the Bureau of Labor Statistics On page 19, line 7, increase the amount by The clerk will report the amendment. $7,292,000,000. changing the measure of inflation rep- The Senator from Texas [Mr. GRAMM] pro- resents 8 percent of the deficit reduc- On page 19, line 8, increase the amount by poses an amendment numbered 318. $7,292,000,000. tion needed in the budget before us. On page 19, line 15, increase the amount by The PRESIDING OFFICER. The Sen- Mr. President, $77 billion of the def- $7,414,000,000. ator from Texas. icit reduction in the budget before us On page 19, line 16, increase the amount by Mr. GRAMM. Mr. President, let me comes from the assumption that, with $7,414,000,000. start by going through the budget that a balanced budget, the economy will be On page 35, line 9, decrease the amount by is before us and outlining the concerns even stronger, and that represents 23 $6,931,000,000. On page 35, line 10, decrease the amount by I have about it. I would like to discuss percent of the deficit reduction in this $6,931,000,000. it in some detail. Let me say in ad- budget. On page 35, line 15, decrease the amount by vance the two points I hope to make. So, when we total all this up, 97 cents $7,052,000,000. No. 1, that this does not balance the out of every dollar of deficit reduction On page 35, line 16, decrease the amount by Federal budget, and neither the coun- in the budget before us comes not from $7,052,000,000. try nor the Congress should be deceived changing policy, not from constraining On page 35, line 21, decrease the amount by about that, nor should this change our entitlements, not from cutting discre- $7,171,000,000. On page 35, line 22, decrease the amount by behavior in being vigilant about spend- tionary spending, but from assuming— $7,171,000,000. ing. from assuming—that revenue collec- On page 36, line 2, decrease the amount by Second, I want to make the point tions will rise in the future, from as- $7,292,000,000. that this does not save Medicare, that, suming that inflation will be lower in On page 36, line 3, decrease the amount by quite the contrary, it simply engages the future, from assuming that the $7,292,000,000. in a bookkeeping entry on Medicare economy will be stronger in the future. On page 36, line 8, decrease the amount by that makes it look better in the short So, before this budget ever does any- $7,414,000,000. On page 36, line 9, decrease the amount by run, but we are adding five new or ex- thing, it assumes 97 cents out of every $7,414,000,000. panded Medicare benefits which clearly dollar of the projected deficit for the On page 43, line 14, decrease the amount by will add to the financial insolvency of next 5 years away. Only 3 cents out of $6,931,000,000. the system. every dollar of deficit reduction in this

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4836 CONGRESSIONAL RECORD — SENATE May 21, 1997 budget represents a change in policy. a new President. Until we reach that for the same years, we are increasing In fact, that is a whopping total of $9 point, nothing in this budget lowers spending by $212 billion, basically on billion of deficit reduction in this the deficit by a penny, and, in fact, this nondefense discretionary social pro- budget that comes from changing Gov- budget raises the deficit by a total of grams. ernment policy. $71 billion in those 4 years. We voted on a budget right here on In fact, every penny of that deficit Let me turn to some other points. the floor of the Senate a year ago that reduction comes from assuming that Probably the most startling thing that set spending totals for 1997 and 1998, we are going to sell to radio and tele- people will come to understand about through the year 2002. As compared to vision stations, and to nonbroadcast this budget is that it spends so much the budget we voted on just last year, users, spectrum, and that spectrum is money that the first thing we have to the budget before us today spends a going to bring $26 billion into the do in this budget is waive the spending whopping $189 billion more in the same Treasury. In fact, the last year where limit set in the 1993 budget. Let me re- years on discretionary social programs all this $9 billion of savings is needed, mind my colleagues and anybody at than we spent in the budget we adopted it is assumed to bring in $14.8 billion. home who might be watching this de- on this very floor only a year ago at Last year, we sold spectrum to fund in- bate, in 1993 we had a Democrat Con- this time. As compared to the Presi- creased spending of $2.9 billion. We es- gress and we had a Democrat Presi- dent’s budget that he offered last year, timated it would bring that. When it dent. They passed a budget where they this budget spends an additional $76 was sold, it brought $13.6 million. In increased spending and increased taxes. billion on social programs, and, as other words, for every $200 we thought But they set a spending cap in that scored by the Congressional Budget Of- we were going to get by selling spec- budget, and that cap said, by 1998, we fice, this budget actually spends slight- trum, we got $1. But we still spent would spend no more than $546.4 billion ly more than the President asked for in every dollar of the $2.9 billion we as- on discretionary accounts. That was in this year’s budget. sumed. the President’s budget. The Congress In reality, the 1 year that really mat- So the first point I want everybody actually lowered that a little to $545.9 ters is the year that this budget will to understand—and it is important billion the next year. set out in detail, that is, the 1998 budg- that they understand it because some- Under this budget deal, we are going et as compared to our 1996 budget. This one might believe that we have put the to spend $553.3 billion. So the first act will spend, in 1 year, $38 billion more deficit behind us by making hard of this new budget is to bust the budget than the Contract With America; as choices here—the truth is, 97 cents out law that is currently in effect, and we compared to the budget we adopted of every dollar of deficit reduction in are going to have to waive a point of last year, it will spend $23 billion more; this budget, as compared to current order at some point that I am going to as compared to the budget the Presi- policy and current law, comes from raise so that we can spend $7.4 billion dent submitted last year, it will spend simply assuming the economy is going more than we set out, in the 1993 budg- $3 billion more, simply on discre- to be stronger in the future and that et, to spend in 1998. This is a partisan tionary programs. But that is just dis- prices are going to be lower in the fu- point, but it is very relevant. This is cretionary programs. ture. And, of course, no one knows going to be the first time in history This budget will create or fund 13 what is going to happen in the future. that a Republican Congress is going to mandatory and entitlement programs Next, I would like to go through and vote to bust the budget set by a Demo- that will either be created new or will show you a startling fact, which is, not crat Congress so we can spend more be expanded or will represent new bene- only does this budget not reduce the money. fits. I remind my colleagues that every deficit, but in reality it raises the def- We have had a lot of discussions one of these mandatory programs in icit by $71 billion over the next 4 years about what this budget does and does these entitlement programs is a little as compared to what would happen if not do with regard to spending. I am baby elephant that is set to grow in the there were no budget. Let me try to ex- sure, as people who follow the debate future. We just adopted, by unanimous plain this. I know it is a little com- know, we have all kinds of ways of con- consent, an amendment of our dear col- plicated, but, if you look at this, I fusing this debate. We have what we league from Nebraska that said to us, think you can see it. call a current service baseline, where listen, we need to be alert about the Under current law, with current you cut relative to what you would growth of entitlements and maybe we spending, if we simply continue to do have spent. So, for example, if you are ought not to let these programs con- exactly what we are doing now, with no going to buy a new shotgun and you sume more than 70 percent of the budg- budget, the deficit next year would be come home and your spouse looks at et. We all supported the resolution. But $76 billion. But, under this budget, with you funny because you already own 20 you need to realize that the budget be- policy changes, we are adding $14 bil- shotguns, you say, ‘‘Look, honey, I was fore us has 13 new spending programs lion, much of it in new spending on dis- going to spend $1,200, but I only spent or additions or additional funding to cretionary accounts and 13 new manda- $1,000, so I saved $200.’’ It is that kind mandatory and entitlement programs tory and entitlement spending pro- of baseline under which people talk that do not exist under current law. grams. So actually, by passing this about this budget saving money. Let me go over what those are: envi- budget today as compared to current But let me talk about things you ronmental reserve fund. We have five policy, we are raising the deficit for know something about. Do you remem- new or expanded Medicare benefits. I the coming year by $14 billion, from $76 ber the Contract With America? Well, I am going to come back to Medicare. to $90 billion. remember it. I think the American peo- We increase Medicaid funding for the In 1999, if we simply continue current ple remember it. The Senate and the District of Columbia and Puerto Rico. policy, the deficit would be $77 billion, House have forgotten it. But we wrote We increase Medicare funding in terms according to the Congressional Budget a budget called the Contract With of reducing copayments at the very Office. But we are going to add $13 bil- America, and we all ran for office on it, time we cannot pay for Medicare as it lion to the deficit, so it will actually be at least people on this side of the aisle now exists. We restore welfare benefits $90 billion. did. We passed that budget in 1995, and, for immigrants and refugees and In the year 2000, we are raising the as compared to that budget for the asylees. We expand the Food Stamp deficit from $70 to $83 billion, by $13 years 1998 through the year 2002, this Program. We expand a welfare-to-work billion. In the year 2001, continuing budget we are voting on here today will grant. We expand child health care and current policy would produce a deficit raise spending by $212 billion on discre- barely avoided raising it by another $20 of $22 billion, but we are going to raise tionary nondefense programs, basically billion. it by another $31 billion. We are going social programs, above the level con- So, basically, there are two reasons to more than double it, so the deficit tained in the Contract With America that I am not for this budget, and I would be $53 billion. And the first and budget that was adopted in 1996. So didn’t come here today to argue only deficit reduction due to policy however you want to define spending, against it thinking I was going to con- change in this budget is $10 billion in the one thing we know is, compared to vince anybody. This is a wonderful po- the year 2002, in a new century, under the budget that we adopted 2 years ago litical deal. It is a wonderful political

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4837 deal because it allows everybody to get care trust fund and funding it in gen- from the President and from what they want. It allows President eral revenue. Home health care, which Members of Congress, nondefense dis- Clinton, in his own words, to have the is the fastest growing part of Medicare, cretionary spending, the fundamental largest expansion in social programs is taken out of the trust fund under general Government, social programs, since the 1960’s. It allows Republicans this budget agreement and is funded general Government operating ex- to talk about having a tax cut. And it out of general revenue. penses, are up over 10 years by 24 per- allows both parties to claim they are Virtually every person on my side of cent. So all of Government has grown balancing the Federal budget. But in the aisle, when this was discussed 6 dramatically in the last 10 years except reality, if it sounds too good to believe months ago, said, ‘‘Well, that’s fraudu- defense. that we are having the largest increase lent.’’ That is equivalent to having a What has happened to family income in social spending since the sixties and bunch of debt on your credit card and in the last 10 years? If you take the av- we are cutting taxes and balancing the you go to the bank and borrow money erage family income of America and budget at the same time, the reason is and pay part of it off and then you say, you adjust it for inflation and take out that it is too good to be believed. In re- ‘‘Well, look, I’m out of debt.’’ taxes and payroll taxes and look at ality, it is not true. As I said when this was suggested by what the average working family in The two points I want to make are the President, ‘‘Look, I can do you bet- America had to spend in 1987 and what these: First, we are not balancing the ter, I can make Medicare solvent for they had to spend in 1996—we do not budget here; we are simply assuming 100 years. Take hospital care out of the have the figure for this year yet—basi- the budget is balanced. It may be that, trust fund.’’ But does that change any- cally what happened to the American based on a strong economic perform- thing? Does that solve anything? family, as compared to the American ance in the last quarter, the future pic- So here we are engaging in a shell Government during this same 10 years, ture of the economy is changed for 5 game which is totally fraudulent, tak- was Government grew and grew rap- years. It may be that this is going to ing the fastest growing part of the idly, but here is what happened to the be, by far, the longest and strongest re- trust fund out, not counting it, paying average family: covery in American history. But the for it out of general revenues and After taxes, after inflation, the in- probability is that that is not true, and claiming we save Medicare for 10 years come of the average working family in it is not sound policy to set out the fi- when Medicare is going to cause a $1.6 America fell, after-tax income from nancial plan for the whole country trillion drain on the Federal Treasury $28,302, 10 years later, 10 years of work- based on those kinds of assumptions. I in the next 10 years. ing and struggling and often both the do not think it would be quite as far- The terrible tragedy of this is we husband and the wife where families fetched as assuming you could pay were on the verge of getting a bipar- are blessed with two parents in the your bills because you are going to win tisan consensus to really reform Medi- household, 10 years later, that average the lottery, but, basically, for anybody care. I am afraid that by accepting this family is making $27,737 after taxes. So to believe that we are balancing the budget deal we are going to take the in 10 years where Government has budget based on policy decisions that I pressure off Congress, because if Medi- grown, in 10 years where we have not already demonstrated are not true, it care is solvent for 10 years because we said no to Government, working fami- is important that the Congress, it is have taken the fastest growing part of lies have actually seen their spendable important that the country not let its it out and hidden it in general reve- income after taxes decline from $28,302 guard down and understand that all we nues, is there a problem? Why should to $27,737. have done in this budget is assume the we all cast tough votes that could cost My amendment is very simple. My deficit away, and it may or may not be us our jobs if we can tell people there amendment says, let’s go back to the gone. is no problem? budget that President Clinton sub- I raise this concern because in the Do not believe this balances the mitted last year. I remind my col- supplemental appropriations that we budget. It simply assumes the budget is leagues that in the budget he sub- dealt with last week, we added another balanced. We have assumed it was bal- mitted last year, it provided funding $6.6 billion to these spending totals, so anced on many other occasions, and it for not only last year but this year and that we have, in reality, already busted has not been balanced, I am afraid. every year to 2002. When we voted on this budget which has not yet been Just like a family budget, assuming our budget, the President said his adopted. These spending totals that I you win the lottery normally does not budget for 1997 provided the education talked about of being $189 billion above work. The way you balance your budg- funding, housing funding, the medical last year’s budget in this budget, we et sitting around your kitchen table is care funding that America would need have already added to that by passing by saying no. There is no ‘‘no’’ in this through the year 2002. Various Mem- a supplemental last week, which adds budget. There is no ‘‘no’’ here. There is bers of the Senate stood up and spoke another $6.6 billion to the deficit. no ‘‘no’’ to anybody. There is nothing on behalf of this budget. The second and final point I want to in this budget that really represents Senator LAUTENBERG said: make about the budget is it is very im- any kind of fundamental change in pol- It makes critical investments in education portant that nobody believe that this icy. What this budget is is a wonderful and training. It provides increased funding budget solves the Medicare problem. political document, but I am afraid for programs like Head Start, title I, safe What does this budget do about Medi- that this political document is going to and drug-free schools. care? First, it says we are going to induce us to spend more, it is going to The President said: lower reimbursement for doctors and induce us not to deal with Medicare, This budget funds my priorities. hospitals. We have done that a dozen and America is going to be the loser. One year later, for the same years, times. It has never worked, and it has Let me turn to my amendment, and the President says, ‘‘Well, you know I never worked because, like all wage let me say this is a controversial said last year I had enough money for and price controls, people find ways to amendment. Some are going to say this all those things, but actually now, I get around it. Yet, while we know it is a deal-breaker amendment and, in a need $76 billion more for the same 5 has never worked in the past, we have sense, if you want to argue that, you years than I said I needed last year.’’ it in this bill because we have agreed to can. But let me talk about the amend- So here is what my amendment does. take, in essence, the President’s policy ment. My amendment goes back and takes in Medicare. First of all, I have a chart up here, the President’s last year’s budget for But that is not the worst part of it. and I want people to understand what 1998, 1999, 2000, 2001, and 2002 and says, The claim that this budget saves Medi- has happened to the Federal budget in ‘‘OK, Mr. President, we are going to care for 10 years is not just based on the last 10 years. If you look at 1987 give you everything you said last year that unachieved and unachievable sav- and then you look at 1996 and you ad- you needed to spend in these years, and ings by simply reducing payments to just for inflation, real spending on de- then we are going to take the $76 bil- hospitals and doctors; it is based on fense has gone down by 27 percent, real lion of savings and we are going to give taking the fastest growing part of spending on entitlements has gone up them back to families by cutting taxes Medicare and taking it out of the Medi- by 38 percent, and despite all of the and by guaranteeing that families will

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4838 CONGRESSIONAL RECORD — SENATE May 21, 1997 get the $500 tax credit per child that we year he wants more. They discovered this new discovery of revenues, what is promised in our budget and guaran- this magic money out there where the happening is we are getting ready to teeing that we will get full capital Congressional Budget Office decided let the Government spend $76 billion gains tax cut.’’ that we were going to collect all this more, but never once apparently did If you vote for this amendment, what revenue. So the President said, ‘‘Look, anybody say, ‘‘Hey, maybe with this do you say? You are going to hear I need more spending.’’ Now, that is new money we ought to let families many ways of saying what you are say- one argument. It is a legitimate argu- spend it.’’ What my amendment says ing is, ‘‘You are cutting Government ment. I just do not happen to agree is, look, give the President everything spending below the President’s re- with him. I am saying, let us give it he asked for last year, but do not go up quested level, below the budget; you back to families. After all, that is another $76 billion simply because are breaking the deal.’’ In reality, what where the money is coming from. Let there is more money there. Let us give you are saying is, ‘‘We are giving the families spend it. This is our vision. it back to working families. President everything he said he needed This is the Republican vision. It is Mr. ASHCROFT. To the people who last year,’’ but we are saying more America’s vision. have to earn it and pay the taxes. than that. We are saying, rather than A budget is about choosing between Mr. GRAMM. The person who earned spending another $76 billion in Wash- two competing visions. The budget be- it will end up keeping more of it be- ington on behalf of all these families, fore us is a clear vision: more Govern- cause with this we will guarantee that we are going to give that money back ment. The budget before us is a budget we have enough money—unlike the to them and let them spend it them- that says, more Government is in the current bill which has a net tax cut of selves. That is what this is about. interest of the American people. The $50 billion—to fund a $500 tax credit for The question you have to answer on President may say the era of big Gov- every child in a working family in this amendment is this: Can we spend ernment is over, we may parrot those America, which costs $105 billion, and this money on behalf of American fam- words, but this budget does not say the capital gains tax cuts and changes in ilies better than they can spend it? By era of big Government is over. This death duties. The problem is, we have letting families keep $500 more per budget says the era of big Government $188 billion of promises and a $50 billion child, for every working family in is permanent and it is expanding. net tax cut. It is like trying to pour 188 America, can they take that money What my amendment says is, let us pounds of sugar into a 50-pound bag. and invest it in education, housing, nu- let families spend this new money in- What we are doing here is, we are rais- trition, and health care better than we stead of giving it to the Government to ing the tax cut by not letting Govern- can spend it on their behalf? Do we spend. ment spend this money so families can know their interests better than they I know this is a controversial amend- spend it. do? ment. I hope my colleagues will sup- Mr. ASHCROFT. It seems to me that what you have proposed is giving the Let me say, I do not think so. I know port it. I do not suffer under any delu- President everything he asked for when the Government, and I know the fam- sions, but I wanted to show my colors he asked for it last year, before he saw ily, and I know the difference. I believe on this amendment. I want people to this potential of a bigger pie. Certainly that the biggest problem in America, know there are at least a few people in he knows how to ask largely and how in terms of finances, is that Govern- the Senate who have not forgotten to ask to meet the need. He certainly ment is spending too much and fami- what we promised. has no reticence about asking. With lies are spending too little. We are lit- Mr. ASHCROFT. Will the Senator the additional potential for resources, erally starving the only institution in yield? when people earn more and develop America that really works, and that is Mr. GRAMM. I will be happy to. more for this country, we ought to let the family. How can it make sense for Mr. ASHCROFT. I say to the Sen- the people have some of what they earn Government to grow year after year ator, in this budget negotiation there instead of saying, we will take that and after year when the family budget has seemed to be an impasse, and then all spend it on Government, even if it declined in real terms on an after-tax of a sudden it appeared there was a means we have to adjust our—it occurs basis for the last 10 years? Shouldn’t substantial additional block of money. to me they are having to adjust their we take this $76 billion more than the Now, is that money the result of peo- ambition bigger and bigger. The harder President asked for last year and let ple working more and paying more and harder the American people work, families spend it instead of letting the taxes? the idea is, the more the Government Government spend it? Mr. GRAMM. Well, I hope that is can spend as a result of it. Now, if we adopt this amendment, we what it is. But all we know is that the Mr. GRAMM. When they are work- are going to change the budget, we are Congressional Budget Office came up ing, they are not doing it so the Gov- going to have $76 billion less of Govern- with this estimate, that because of the ernment can spend it. I think they are ment spending, basically on social pro- strong economy that we have had in doing it so they can spend it. grams. I am not saying there are not the last quarter, that looking into the Mr. ASHCROFT. Of course they are. some good programs in there, but I am future, we were going to collect $45 bil- Mr. GRAMM. The tragedy is, 10 years saying this, that if you take all $76 bil- lion a year off as far as the eye could ago, after taxes and being adjusted for lion of new discretionary spending and see. Now, to the extent they are right, inflation, the average working family you let American families look at it it is coming because families are pay- made over $28,000 a year, $28,300. And 10 and say, ‘‘Would you rather have us ing more taxes. years later, after inflation and taxes, spend this for you or would you rather Mr. ASHCROFT. And people are they are making $27,700. The average spend it yourself?’’ the vast majority of working hard? working family has less to spend today working families would say, ‘‘I would Mr. GRAMM. They are working hard- than they did 10 years ago. Govern- rather spend it.’’ er. They are working longer. ment spending has grown every year In fact, if you just ask taxpayers, Mr. ASHCROFT. Instead of reward- for 10 years. And now, rather than let- who paid for it, I would not doubt that ing people who work harder by letting ting working families keep more of 95 percent of them would say, ‘‘Yeah, I then keep more of what they are earn- what they earn, we are letting Govern- think probably I can spend it for my ing, the approach is to take more of it ment grow more. family a little better than you can and spend more on Government? Mr. ASHCROFT. Is it fair to say spend it for me.’’ So that is what this Mr. GRAMM. Basically what hap- then, Government has taken the raise is about. pened was that they said, ‘‘Well, now that people would have anticipated in This does not raise the deficit. It just that we’ve got all this money, let’s let the last 10 years, and they took it and simply says, instead of giving the Government spend more of it.’’ The spent it? President $76 billion more to spend President is actually asking for—and Mr. GRAMM. Yes. Again, if you be- than he asked for last year, since he we are giving him—$76 billion more to lieve that Government can spend it said last year he could fund the Gov- spend for the same years that he said better than families, if you believe— ernment and do everything he wanted last year he had enough, but now be- some of our colleagues do—if you be- to do for $76 billion less, and now this cause of this bird’s nest on the ground, lieve that Government knows what is

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4839 better for families, that Government is AMENDMENT NO. 321 strengthening our community college a good steward of their money, you (Purpose: To express the sense of the Senate systems and offering custom training might want to say, ‘‘Well, these fami- that a nonrefundable tax credit for the ex- of workers in specific skills. In the past lies might waste it. If we gave them penses of an education at a 2-year college 8 years, North Carolina has been this $500 tax credit, a family of four should be enacted) among the top three States in new- getting to keep $1,000 more to invest in Mr. FAIRCLOTH. First, I would like plant locations and gained a toehold in their children and family, their future, to send an amendment to the desk and the film industry which now invests they might make bad decisions,’’ and ask for it to be considered and that it $2.5 billion a year in my State. leave it here with President Clinton then be temporarily set aside. As we begin to see the impact of and the trustworthy Congress, if you The PRESIDING OFFICER. Without changes made to welfare in the last believe that this is a bad amendment. objection, it is so ordered. The clerk Congress, more people will be off of Mr. ASHCROFT. If you believe that will report. welfare and looking for work. This bill The assistant legislative clerk read you may want to make a downpayment would provide the job skill training as follows: on a bridge someone wants to sell you needed for these individuals to find in . The Senator from North Carolina [Mr. gainful employment. Senator LOTT un- FAIRCLOTH] proposes an amendment num- derstands the importance of vocational It is pretty clear to me, Government bered 321. has not been the most efficient or ef- training. So does Speaker GINGRICH. As Mr. FAIRCLOTH. Mr. President, I fective way to deploy resources. discussions proceed in the budget reso- ask unanimous consent that further lution, let us please find money, within I want to thank the Senator. I thank reading of the amendment be dispensed that $35 billion set out for education, him for yielding for this point of clari- with and that the amendment be set to help community colleges. Commu- fication. aside. nity colleges help people find real jobs. I find very appealing the idea that we The PRESIDING OFFICER. Without The PRESIDING OFFICER. The would let the American people, when objection, it is so ordered. amendment is set aside. they earn more, keep more. Families The amendment is as follows: Mr. FAIRCLOTH. Thank you. would rather spend it on themselves At the end of title III, add the following: AMENDMENT NO. 318 rather than send it here in hopes that SEC. . SENSE OF THE SENATE CONCERNING TAX Mr. FAIRCLOTH. Mr. President, I something would happen with it here CREDIT FOR WORKFORCE EDU- would like to now speak very briefly on CATION AND TRAINING AT VOCA- that might benefit their families. TIONAL SCHOOLS AND COMMUNITY Senator GRAMM’s amendment. I commend the Senator. COLLEGES. I think he has just reached to the Mr. GRAMM. I thank the Senator. It is the sense of the Senate that, any leg- heart of Government spending, and he islation enacted pursuant to this resolution, did it very succinctly. There is $76 bil- Let me conclude and yield the floor, contain a tax credit for expenses of work- lion more that the President discov- because I know others want to speak. force education and training at vocational ered he needed because by some mathe- This is a pretty simple amendment. schools and community colleges. matical manipulation we decided we It says that we are giving the Govern- Mr. FAIRCLOTH. Mr. President, I had $76 billion more to spend. We dis- ment $76 billion more than the Presi- rise today to speak on education. I usu- covered $76 billion; we spend $76 billion. dent said that he needed last year for ally don’t agree with the President on Now, if we had discovered $176 billion, these same years to do everything he policy. However, this is one occasion guess how much the President would wants to do from child health care to where I do agree. The President in this have needed? $176 billion. education. year’s State of the Union Address, pro- I just want to say that I strongly Much of this spending increase oc- posed that billions be spent on edu- support the amendment of the Senator curred when we discovered miracu- cation in his ‘‘Call to Action for Amer- from Texas. I intend to speak on it fur- lously—and I hope in fact we discov- ican Education.’’ One of the principles ther later. But I at this moment enthu- ered it instead of making it up—that in this plan is his hope scholarship pro- siastically support it and will continue the future looked brighter. What I am posal. President Clinton proposes 2 to speak on it at a later time when we saying is, do not give this additional years of a $1,500-a-year for college tui- have time. $76 billion to Congress and the Presi- tion, enough to pay for the typical Mr. President, I yield the floor. dent. Give it back to families and let community college. The PRESIDING OFFICER. Who them invest it in their future and their I agree that we should give every yields time? children. adult American the opportunity to ob- Mr. GRAMM. I yield the Senator I believe this amendment represents tain the first 2 years of higher edu- from Missouri additional time. a different vision than the budget be- cation. On January 21, I introduced S. The PRESIDING OFFICER. The Sen- fore us. I think it represents a vision 50 which provides for a $1,500-a-year tax ator from Missouri is recognized. that believes that the future is going credit for students attending two-year Mr. ASHCROFT. Mr. President, to be brighter if we have more oppor- schools. S. 50 has the cosponsorship of thank you. tunity and more freedom. What free- the majority leader, Senator LOTT, and AMENDMENT NO. 322 dom is more basic than the right of Senators CONNIE MACK, LARY CRAIG, (Purpose: To add enforcement mechanisms families to spend their own money? HARRY REID and JIM JEFFORDS. Just to reflect the stated commitment to reach last week, at the Republican National a balanced budget in 2002, to maintain a Should Government grow every year balanced budget thereafter, and to achieve even if working families see their budg- Committee annual dinner, House these goals without raising taxes) ets declining? I do not think so. So, as Speaker NEWT GINGRICH listed voca- Mr. ASHCROFT. Mr. President, I a result, I have offered this amend- tional training as one of the four top send an amendment to the desk and ment. I want people to know that there priorities for our budget resolution. ask for its consideration. is support for having Government S. 50 will encourage workers in all The PRESIDING OFFICER. The tighten its belt a little so that families age brackets to pursue an education clerk will report. can loosen their belt a little. That is beyond high school without incurring The assistant legislative clerk read what the amendment is about. the costly expenses of attending a 4- as follows: I yield the floor. year college. By improving the training The Senator from Missouri [Mr. and skills of our workers, we will cre- The PRESIDING OFFICER. Who ASHCROFT], for himself, Mr. GRAMM, Mr. ate better jobs in manufacturing and yields time? COVERDELL, Mr. ABRAHAM, Mr. HELMS and technology throughout the United Mr. FAIRCLOTH, proposes an amendment Mr. FAIRCLOTH addressed the States. There is nothing more impor- numbered 322. Chair. tant to keeping competitive in the Mr. ASHCROFT. Mr. President, I ask Mr. GRAMM. I yield to the Senator global marketplace. unanimous consent that further read- so long as he might speak. As State commerce secretary for ing of the amendment be dispensed The PRESIDING OFFICER. The Sen- North Carolina, I attracted more than with and that the amendment be set ator from North Carolina. 500,000 jobs into North Carolina by aside.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4840 CONGRESSIONAL RECORD — SENATE May 21, 1997 The PRESIDING OFFICER. Without resolution with respect to fiscal years 1998 any freedom around to speak of. I was objection, it is so ordered. through 2002 and for fiscal years after 2002 as wrong. There was very little freedom, The amendment is as follows: set for fiscal year 2002.’’. but the great achievers were made free At the end of title II, add the following: The PRESIDING OFFICER. The by selection. Somebody with a lot of SEC. . BALANCED BUDGET REQUIREMENT. amendment is set aside. money said, ‘‘I want to make this tal- (a) IN GENERAL.—It shall not be in order in Mr. ASHCROFT. Mr. President, I ented person free and I would like them the House of Representatives or the Senate yield the floor. to achieve.’’ to consider any concurrent resolution on the AMENDMENT NO. 318 Frankly, I got a picture of history in budget (or amendment or motion thereto, or The PRESIDING OFFICER. Who my mind right then, but the reason the conference report thereon) or any bill, joint yields time on the Gramm amendment? world had achieved so little until we resolution, amendment, motion, or con- Mr. DOMENICI addressed the Chair. had more and more freedom of individ- ference report that would cause— The PRESIDING OFFICER. The Sen- uals was just that. There were not (1) total outlays for fiscal year 2002 or any enough people free to be enterprising, fiscal year thereafter to exceed total receipts ator from New Mexico. for that fiscal year, unless three-fifths of the Mr. DOMENICI. I say to Senator to be innovative, because society did whole number of each House of Congress pro- GRAMM, let me compliment you on the not let them be free. So what I ended vide for a specific excess of outlays over re- expression of your philosophy this up concluding was a different image of ceipts by a rollcall vote: evening. I think you have heard me a the United States where I concluded (2) an increase in the statutory limit on couple times. I think perhaps it is a that we have been superachievers be- the level of the public debt in excess of the question of how much can we do and cause we have been compared to the level set forth in section 101(5) of this resolu- get it done? But I have a vision of the rest of the world. In history, we made tion with respect to fiscal years 1998 through United States that I would explain to more and more people free, we got rid 2002 and for fiscal years after 2002 as set for of slavery, we made them free. As we fiscal year 2002 unless three-fifths of the you in a way that is very new to me. whole number of each House provide for such I did not grow up with this vision. I moved along, we did civil rights and we an increase by a rollcall vote: or came to this place. I had been a public made more people free. (3) an increase in revenues unless approved servant, and I kind of liked the idea so I began to understand as I worked by a majority of the whole number of each I said I will run for the Senate. I guess here that there was something else and House by a rollcall vote. it was because in my State we had so that was if you worked and made a (b) WAIVER.—The Congress may waive the few Republicans then that they looked profit in your business or a good salary provisions of this section for any fiscal year around and said, well, that young guy in your work that freedom was to be in which a declaration of war is in effect. measured by how much you had of that The provisions of this section may be waived just lost a race—thank God, it is the only one I ever lost—he is as good as money and that achievement in wealth for any fiscal year in which the United to use in whatever way you wanted. I States is engaged in military conflict which any, why not ask him to run. So I ran. causes an imminent and serious military I came here as the first Republican in came to the conclusion, once again, threat to national security and is so declared 38 years. that our greatness in achievements, by a joint resolution, adopted by a majority I was here for about 3 years when an and our achievements are everywhere, of the whole number of each House, which announcement came that the King of was because we were leaving people becomes law. Spain—remember the young man, King with resources that they earned, to be (c) DEFINITION.—In this section: Carlos of Spain, a magnificent transi- free and take a chance. Some failed but (1) TOTAL RECEIPTS.—The term ‘‘total re- many succeeded. ceipts’’ includes all receipts of the United tion figure in Spanish modern times. He had been a king, well-taken care of, Now, my 25 years here has not dimin- States Government except those derived ished that idea one bit. In fact, I be- from borrowing. no idea, as I thought, of freedom be- lieve that I can even make a case. You (2) TOTAL OUTLAYS.—The term ‘‘total out- cause he lived under a dictator, right, know how hard I work for the mentally lays’’ includes all outlays of the United for all these years. Then, all of a sud- ill. One day we had an exchange on the States Government except for those for re- den the dictator goes away, and they floor and tonight I am apologetic be- payment of debt principal. say, ‘‘You are in charge, King.’’ (3) INCREASE IN REVENUES.—The term ‘‘in- cause I said to you, ‘‘It is too bad you Then they said, ‘‘Why don’t you come crease in revenues’’ means the levy of a new do not know anything about the men- over and talk to the Congress.’’ So he tax or an increase in the rate or base of any tally ill,’’ and you said, ‘‘Yes, I do,’’ came over here. I remember sitting in tax. and you told me about somebody in my office as if it were yesterday, and I The PRESIDING OFFICER. The your family. So I was not being fair said, ‘‘I don’t know whether I ought to amendment is set aside. that day. I was being very arrogant. go.’’ As you already know, I like to AMENDMENT NO. 323 But I can make an argument that if work. I was sitting around my desk, in mentally ill people is how I think of (Purpose: To limit increases in the statutory my early years, thinking it was far limit on the debt to the levels in the reso- freedom as the achievement mecha- lution) more important to call to New Mexico nism for America collectively, if a Mr. ASHCROFT. Mr. President, I or write a letter to my constituents. mentally ill person can be cured of the send another amendment to the desk. Then something said, ‘‘You know, New devil in them, which people used to The PRESIDING OFFICER. The Mexico has a lot of Spanish people in think is some kind of a devil that is a clerk will report. it. You know a lot of them. Maybe you disease, you can cure 3 million people, The assistant legislative clerk read ought to go because he might say America has more of a chance for even as follows: something about the culture and you more achievement, because you never may learn something.’’ Well, Senator The Senator from Missouri [Mr. ASHCROFT] can tell which people you make free GRAMM, I went. He gave an eloquent proposes an amendment numbered 323. are going to be achievers. speech. I learned nothing about the Mr. ASHCROFT. Mr. President, I ask So you see, you have a notion here in Spanish culture. I knew more about your budget, your visionary budget, unanimous consent that further read- that than what he talked about up ing of the amendment be dispensed that you would like to leave more there—he may know more than I—that money in the hands of individuals. If I with and that the amendment be set he alluded to. read you right, it is essentially to be aside. He said something very intriguing free, it might even be free to make The PRESIDING OFFICER. Without that I had trouble with and I did not mistakes. I have talked to you about objection, it is so ordered. believe it for a while. He said all sig- that, and you said sure, sometimes you The amendment is as follows: nificant human achievement occurs just have to let people make mistakes, On page 45, strike line 2, and insert the when a man or a woman is free. I wrote but let them make it while they are following: ‘‘exceed; or that down and took it back to my of- trying to do their thing with their re- ‘‘(3) any bill or resolution (or amendment, fice, and I said how could that be true? motion, or conference report on such bill or sources. resolution) for fiscal year 1998, 1999, 2000, Michelangelo was a great achiever, and You probably had a much earlier vi- 2001, 2002 that would increase the statutory I ticked off in my mind a number of sion and a more profound under- limit on the level of the public debt in excess others that I had heard of in history standing because you are an economist of the level set forth in section 101(5) of this that achieved a lot, and there was not and

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4841 you understand capitalism so well, but not sure I want to do a totally Repub- Now, if anybody wants to ask how I have been pleased to learn from you. lican budget because I am not sure we much more various programs will prob- Capitalism is the essence, when cou- are getting anywhere.’’ ably be reduced under Senator pled with freedom, is the essence of op- We are having a great exercise in GRAMM’s proposal, I will look it up and portunity because the capital works to doing what you and I are doing on the go over and talk to you and see if I am achieve and the individual works to floor and maybe making some sense to right, but I believe you, again, are will- achieve, and when you marry them up a few million but we do not get it done, ing to stand up and say it would be sub- you have an economy that is just hell so I will not even take time to go stantial compared to this budget be- bent for success and growth, and when through how much more we would have cause you find enough savings in your you squeeze it, there are a lot of ways to reduce various programs so that approach to then use those savings and to squeeze. Senators might know. I will just say add on to the tax cuts that we have. People wonder whether regulations that there would be a substantial re- Fellow Senators, I hope you under- have anything to do with freedom. We duction in the discretionary accounts stand that I have not for 1 minute this do not explain it very well. It has a lot of our country almost across the board evening on the floor been critical of to do with freedom because the extent and almost every one if your amend- PHIL GRAMM and those who feel like he to which you are regulated, you have ment was adopted over what we agreed does. It is just that most of us who will taken a bit of freedom away from to with the President. be supporting this budget feel the same I am firmly convinced, Senator someone or something. way, most of the Republicans who sup- GRAMM, that if we produced appropria- Now we would both agree in a demo- port the basic budget, feel the same. tions bills at those levels, I do not cratic capitalist society you cannot be They think there are two ways to get think we can get there because I do not free to do everything and anything. We there and that the bipartisan approach pride ourselves on having laws, but think we can get that kind of agree- ment out of either case, and if we were is more apt to be successful because it what people do not understand is if you is more apt to happen. It will not nec- have regulations that are $50 billion to adopt them, I believe you would have a veto and we would be back as we essarily be more successful as an in- more than they need to protect the strument in accomplishing a vision, public, you have taken away $50 billion have been before. So I chose as one who probably does not understand as deeply but it probably will occur. worth of freedom somewhere in this as you do what economic freedom is, With that, I say to the Senate, my country to grow and prosper and ener- but I think I have shown you today in instructions from our leader are that gize. So I understand that and I under- the few minutes on the floor that I we not take any longer time than you stand when you tax people in the wrong think I am getting it. It has taken me need and perhaps my ranking member, way and when you tax them too much 65 years, but I think I am getting it. I and then we would proceed to a vote as the very same thing happens. think what we did is the best we can soon as possible. In fact, I believe you, with your ex- do. I yield the floor. pertise as a Ph.D. in economics, can Frankly, I am going to say what I Mr. GRAMM. Mr. President, I want probably find times in our economic said before on the previous Kennedy- to thank Senator DOMENICI. history when we taxed things so wrong- Hatch amendment. I believe it violates Let me simply reiterate a couple ly that you could actually prove that the budget agreement that we entered points I made early on. First of all, I we went in the wrong direction. I am into, except I would not expect Senator am not claiming for a minute that even reminded of one, when in a fit of lu- PHIL GRAMM to read the agreement and though we are spending $76 billion nacy we put a big tax on these little say it does not. I think you would read more than the President asked for last boats. What happened? It was amazing, it as the absolute man that you are and year—I am simply trying to take us like you and I told them, but they said, you would say, right upfront, it does. back to a budget that last year he ‘‘No, no, we are taxing these rich peo- You would not try to make some argu- thought was adequate. There is no ple that own boats.’’ Well, within 18 ment that, well, it does not because it doubt about the fact that $76 billion is months we had our friends down here is this or that. It just does. going to do a lot of things for a lot of from those States saying, ‘‘Our work- Frankly, when I find amendments people. ers are out of jobs because the people that do that, I hope you understand I I am not claiming there will not be who own the boats decided you are tax- am obligated to resist them if I feel programs that would have benefited ing them so much they do not get the comfortable and confident we are going with the $76 billion that will not be los- boats anymore.’’ It took a long time to get there under the budget that you ers under my amendment. What I am but we finally repealed that. To be hon- do not like. I totally appreciate every saying is that I believe that working est, people have to have a degree of reason you give. I think it is better families can spend the $76 billion bet- freedom or they will not buy a boat than not having a budget this year and ter than the Government can spend it, they want. They will say if you tax me I think, also, Senator, that unless we and that is really the choice that my too much I will go without, and there have some great experience that I do amendment proposes. go workers and businesspeople. not contemplate, understanding what I Let me also say to Senator DOMENICI My problem is, Senator, that I do not can about the tea leaves, that we will that I am a firm believer in the old Jef- believe with President Bill Clinton in actually balance before 2002, because ferson adage that good men with the the White House that we can get that we have used such economic assump- same facts often disagree. I think one budget, that consent of yours, that we tions that are so conservative that I of the good things about the Senate could get it adopted and implemented. believe we are going to be off again when we follow our rules—and some- I think we almost tried something like each year $40 billion or $50 billion, just times we do not always do that here, this, you and I together, maybe even a as we have been the last 3 or 4 years we have certainly done it here today, I little more, and we did not get any- when the economy helped this curve. think—is that we can talk about what where. That does not mean you should Now, if we had a recession that lasted we believe in and what we want to hap- ever stop trying what you are doing 3 years, all bets are off, but I assume pen, but the fact that people disagree and expressing your vision, but frank- even in the budget you propose we with us does not in any way diminish ly, I do not believe we can get it. I would be off the mark, there, too, if we their belief or say that we are nec- think you will know later this evening had a recession for 3 years and we take essarily right and they are wrong. Our how many votes you will get for your into account what you economists do system is a system of competing vi- proposal, and it is a little bit of an in- when you do multiple years of eco- sions. dication of what I felt when I started nomic assumptions. You build the po- I say going back to the point about working this year. One of my better tential for recession into being a more freedom. I am very concerned when av- friends said they would finally say to conservative versus a more generous erage working families find the Federal the Senators who might not have been set of economic assumptions. That is Government taking the amount of there, they said, ‘‘DOMENICI said to me what I have learned from the CBO as to their income that is taken today in last year unless we have some kind of how they build a recession into their payroll taxes and income taxes. I am assurance out of the White House I am numbers. also concerned that if we do not do

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4842 CONGRESSIONAL RECORD — SENATE May 21, 1997 something about Medicare and if we do So I yield the floor. I remember the days of a very pop- not do something about Social Secu- Mr. LAUTENBERG addressed the ular President, President Reagan. rity, in 25 years the average taxpayer Chair. Under his leadership, about which peo- in America will be sending about 50 The PRESIDING OFFICER (Ms. COL- ple were so euphoric, the tax cut that cents out of every dollar they earn to LINS). The Senator from New Jersey. was then introduced was in present Washington, DC. And I think you reach Mr. LAUTENBERG. Madam Presi- terms something like $12.8 trillion. a point where the tax rate is so high dent, I listened with interest to the dis- That was supposed to be evidence of that it does infringe on your freedom. cussion that was going on regarding how good the supply side would be and Are we still the same America that the amendment that we are now con- what eventually would trickle down Senator DOMENICI grew up in and that sidering. It is a surprise. I shouldn’t into the economy which would stimu- I grew up in if the Federal Government say that. It is not a surprise. But there late things, and everybody would be is taking 50 cents out of every dollar is an anomalous difference between kind of happy thereafter. earned by the average family 25 years where we were when we were talking But what we saw instead was the in- from now? That is the future that we about Hatch-Kennedy and the response credible growth in the debt in this soci- are looking at if you do not dramati- from those who were opposed when ety of ours with annual deficits just cally change Government policy. they were talking about how incon- booming, and total debt skyrocketing. My objective today is simply to offer sistent it was with what we had. We are finally working our way out of an alternative. I am not for the under- We had an agreement. I use the term it. And the reference is that this Presi- lying budget. It is clear that the adop- ‘‘hammered out’’ because ‘‘hammered dent wouldn’t permit it. When this tion of my amendment would dramati- out’’ seems like it was really tough. President took over the debt, the an- cally change that budget. And I want And it was tough to get this agree- nual deficit was $290 billion. It is pro- to change it, which is why I have of- ment. It took a lot of giving, it took a jected to be $67 billion, now the third fered the amendment. I don’t deceive lot of review, and a lot of hard think- projection by the Congressional Budget myself into believing that this is a ma- ing to get the consensus that we ar- Office, that neutral body that is tar- jority view today. But I do believe it is rived at. geting their sights on what is accurate, a majority view in the country. And I It was said that it is ‘‘inconsistent.’’ and what is honest and what is fair. believe that it will ultimately be a ma- How can you do it after all the work They have changed their mind three jority view here in American Govern- that was done with the President and times in the last 6 or 7 months. ment. ‘‘we,’’ and Senator DOMENICI and ‘‘I,’’ People are working at more new jobs It is obviously a question that we all and the people from the House, the created than in almost any period I have to ask ourselves. When you have a chairman of the Budget Committee and think—I will say almost in any period divided Government, what are the the ranking member of the Budget of history. Unemployment is at a his- functions of the two parties? Are the Committee sitting there night after toric low. Inflation is at a very stable functions of the two parties to try to night for something like 6 weeks, long, rate. All signs are pretty darned good. We ‘‘hammer out’’ this agreement la- get together and make an agreement? long days? Finally we get this agree- boring all those hours, people getting Or are the functions of the two parties ment. And there was shock almost, and angry at one another at times but fi- basically delineated as presenting two people were horrified by the notion nally agreeing. I shouldn’t put the competing visions for the future, and that Senators HATCH and KENNEDY focus on ‘‘angry.’’ Once in a while ten- then letting America choose the clear- wanted to provide another $20 billion sion would creep in. But essentially it er vision, presenting competing ideas for children’s health and tax tobacco was a debate or a negotiation con- and letting America choose the supe- and cigarettes to do it. The debate was ducted with the best of intentions. The rior idea? I would say fairly long, fairly arduous These are obviously things that peo- chairman of the Senate Budget Com- at times, and fairly strong in terms of ple have contemplated, thought about, mittee and I, it is fair to say, worked the exchange. and prayed over for many years in the very well together, as did our col- But here we have now a proposal U.S. Senate. leagues from the House. We were deter- after we labored so hard to get non- I choose today to offer an alternative mined to try to solve the problem and to the budget because this budget does defense discretionary up to a point not get the temperature up too high. not represent the vision that I believe that was acceptable. We are here now. After all of that, Once again I do not want to go in. This budget does not produce the and after the discussion we had America that I want produced. I be- through the whole litany of what the throughout the day today about the lieve that it is unwise in the America budget consensus constitutes—some violation of the consistency of the of 1997 to give the Government another give and take, and some got taken. But budget agreement, and now we are $76 billion to spend on discretionary we are at this point now when suddenly looking at what I think is a gross vio- programs when that money could go to we are talking about increasing the net lation—if one can term it a violation— hard-working American families to tax cuts for the first 5 years from $85 about changing not only the non- spend on their children and invest in billion to $161 billion by taking it out defense discretionary but increasing their future. of nondefense discretionary. I hope the tax cutoff over which there was But it is really a choice between two that this wouldn’t get a lot of consider- much labor. competing alternatives with the over- ation when it comes time to vote. A lot of people on this side did not lay that Senator DOMENICI talked I heard my good friend and distin- want to see a major tax cut. As a mat- about of where we are with the Demo- guished chairman of the Budget Com- ter of fact, many of them didn’t want crat President. mittee say that President Clinton isn’t to see any tax cut. But it was under- My objective in offering this amend- the kind of President under which you stood that in the context of an agree- ment—and I thank the Senator for his could do something like this, the ment you sometimes do things that kindness—was to simply give people an thought or the inference being, ‘‘Well, you wouldn’t otherwise do. If you are opportunity to know that there is an this is too good. This is too positive.’’ working alone you can do anything you alternative, that there are people who Madam President, I am not an econo- want. If you own the company you can believe that this budget does not move mist by profession, though my degree do anything you want. If you are the us in the right direction, and that the from Columbia is in economics. But I CEO you can do almost anything you right direction is less Government and learned economics the hard way. I want. But when you get here we have more freedom. I think the fundamental started one of America’s great compa- to depend on the good will and the good way we find less Government and more nies, modestly I say. And I started one judgment of others in order to arrive at freedom is by having Government of America’s greatest industries, the agreement. Thus, we are faced with spend less so that people can spend computing industry. My name is in the what I think is a difficult but neverthe- more. hall of fame in Dallas, TX, for having less honorable consensus that was ar- I don’t think anybody is in doubt been a member of information proc- rived at. about where they stand on this amend- essing pioneers. So I learned it by The notion that we might change it ment. doing it. I also learned it by reading. at this late hour, change it by taking

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4843 away nondefense discretionary, which I Mr. DOMENICI. He is in order under accommodating Democrats by not hav- frankly think is underfed in some the previous agreement. Senator ing amendments for a while because ways. Defense discretionary in my view GRAMM’s amendment was up next. And they have some event. But if that is is overfed in some ways. I just hope the amendment that he is referring to not the case, then what we are going to that our colleagues when it is time to we thought we would accept. But I un- do is follow some kind of order here. If vote—and I hope that will be soon—will derstand that the minority is not going we can get this one agreed to, we will reflect on the inconsistency factor that to accept it. vote at 6:30. Then I would ask that the was considered so delicate and so es- So I would think the amendment next amendment be the second Senator sential before to maintain consistency would be in order and would be the GRAMM amendment, and then, Senator, that we will maintain consistency next item after we dispose of the that your amendment be in order here, and that this amendment will be amendment that is pending. thereafter. defeated. Did Senator BOND have something? The PRESIDING OFFICER. Is there Mr. DOMENICI addressed the Chair. Mr. BOND addressed the Chair. objection to the unanimous-consent re- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- quest propounded by the Senator from ator from New Mexico. ator from Missouri. New Mexico? Mr. DOMENICI. Madam President, Mr. BOND. Madam President, I have Mr. CONRAD. Reserving the right to we are going to try to do a little busi- two amendments that I would like to object. ness even before we vote. file and have set aside. Both of them The PRESIDING OFFICER. The Sen- Senator GRAMM has another amend- are sense-of-the-Senate amendments. I ator from North Dakota. ment that we are going to take up ask unanimous consent that the pend- Mr. DOMENICI. We will get the Sen- shortly that is acceptable, and Senator ing business be set aside so that I may ator next. BROWNBACK has one that has been introduce and set aside two amend- Mr. CONRAD. Can I get included in agreed to. ments. this train so when the train leaves the But I would like to announce to the The PRESIDING OFFICER. Is there station, I am on board? Senate that what we are going to try objection to the request of the Senator Mr. DOMENICI. Yes. Might I just to do is to vote at 6:30, and Senator from Missouri? ask, we have already asked that the GRAMM has indicated that we will try Mr. DOMENICI. No objection. train start with Senator THURMOND, to do that and work on that together. Mr. CONRAD. Reserving the right to who has 10 minutes, Senator BYRD who I would like then to ask unanimous object, I will not object. But I would has up to 20 minutes to speak—15 to consent that when that vote is finished like to get the attention of the chair- speak. Let us leave it up to 20, and now Senator STROM THURMOND be allowed man and the ranking member. I would ask, how long would the Sen- to speak for 10 minutes, Senator ROB- The PRESIDING OFFICER. The Sen- ator like to take? ERT BYRD be allowed to speak for up to ator from North Dakota. Mr. CONRAD. Twenty. 20 minutes thereafter, and Senator Mr. CONRAD. I would like to get the Mr. DOMENICI. The Senator be al- MOSELEY-BRAUN has an amendment to attention of the chairman and the lowed to speak for 20 minutes. It is my send up. We are not going to take an ranking member for a moment. understanding that if we agree to that, amendment to debate it until it is on I do not want to get in the way of the the sequence would be we finish the the list. We are putting amendments Senator from Missouri to have his Gramm amendment and vote on it at on lists and agreeing to tell people that amendments considered. I would like 6:30. If we can get any work done in they can take them up. to get in the queue in terms of being here in the meantime, we will and take Mr. LAUTENBERG. I do not know if able to make a presentation on the your last, second amendment, and then there is an exchange of lists or not. budget tonight. I understand that the when the Senator has finished—— Was something missed in the mechan- chairman and ranking member were Mr. LAUTENBERG. If I may inquire ics process? entering into agreements with respect of the chairman. Mr. DOMENICI. I was just trying to to that. Mr. DOMENICI. Sure. make it kind of orderly so everybody Mr. DOMENICI. I want to include the Mr. LAUTENBERG. Why are we would know. Senator. I told the Senator a while ago, doing two Gramm amendments in a Mr. LAUTENBERG. I agree to that. and I would like to see if we could do row? As far as I know, there was no un- But if it were very orderly, then Sen- one thing first and then see what we derstanding. I would be happy to hear ator MOSELEY-BRAUN would be heard can fit in. But I would like to ask what the unanimous-consent agree- right now. But I certainly want to unanimous consent that at 6:30 we pro- ment was, just to refresh my memory. defer, if she doesn’t mind. ceed to vote on or in relation to the Mr. GRAMM. There was a unanimous Mr. DOMENICI. That isn’t true. But pending Gramm amendment and no consent. anyway I am not going to argue about other amendments be in order to the Mr. DOMENICI. We can do that. I it. Gramm amendment prior to the vote. just have been telling Senator GRAMM Would Senator GRAMM agree by The PRESIDING OFFICER. Is there for a long time—he had three. We ac- unanimous consent to set his amend- objection to—— cepted one. We thought this other one ment aside temporarily while Senator Ms. MOSELEY-BRAUN. Reserving was going to be accepted, and we were BROWNBACK offers an amendment that the right to object. going to debate one. I think we waste will be accepted, and then we will re- The PRESIDING OFFICER. The Sen- more time if we argue the point than turn to the Senator from Texas? ator from Illinois. go ahead. The PRESIDING OFFICER. Is there Ms. MOSELEY-BRAUN. I thank the Mr. LAUTENBERG. You told Senator objection to the request? Chair. All day now I thought there was GRAMM what you told him, and I told Mr. GRAMM. Reserving the right to agreement that I would follow Senator Senator MOSELEY-BRAUN what I told object, I wanted to ask a question. GRAMM after his amendments, one her and somehow or other there is a We are finished with the debate on amendment and one sense-of-the-Sen- miscue. the tax amendment. We had a sense of ate resolution. Upon the conclusion of Mr. DOMENICI. Do you mind wait- the Senate about how we fund disasters those activities, then we would take up ing? in the future, which I thought had been the matter of my amendment. I have Mr. GRAMM. We had a unanimous- agreed to. What I would like to do, if patiently waited all day. I obviously consent request whereby I had stopped, we can set it up by unanimous consent, would have no objection to the state- and we had about 20 people come over is deal with that one, and then debate ment Senator THURMOND would like to and do all kinds of things. and vote on the tax amendment. But I make and Senator BYRD, but certainly Mr. LAUTENBERG. That is true. would be happy to let Senator BROWN- I would like my amendment to be the Mr. GRAMM. And I asked unanimous BACK go with his amendment and then next amendment taken up at the con- consent that they might be recognized come back. If we can dispose of the clusion of the vote on Senator GRAMM. for that purpose. But then that I would sense-of-the-Senate resolution, I would Mr. DOMENICI. I think we have a be re-recognized to deal with these two like to get it finished. misunderstanding. We thought we were amendments. Now, I am not trying to

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4844 CONGRESSIONAL RECORD — SENATE May 21, 1997 hog the floor. I thought that the The PRESIDING OFFICER. The (4) under budget rules in effect prior to the amendment that had to do with paying clerk will first read the amendments. date of adoption of this resolution, an in- for disaster was going to be accepted. The legislative clerk read as follows: crease in fuel taxes permits increased spend- ing to be included in the budget, but not for Senator DOMENICI said he was for it. I The Senator from Missouri [Mr. BOND] pro- increased Highway Trust Fund spending. thought people would just take it. poses amendments numbered 324 and 325. (b) SENSE OF THE SENATE.—It is the sense Now, all of a sudden, there is some op- Mr. BOND. Mr. President, I ask unan- of the Senate that— position to it. I think we can deal with imous consent that reading of the (1) in this session of Congress, Congress it very quickly. Why don’t I just set a amendments be dispensed with. should, within a unified budget, change the time limit on it of 10 minutes and then The PRESIDING OFFICER. Without Federal budget process to establish a linkage we can either voice vote it or we can objection, it is so ordered. between the fuel taxes deposited in the High- way Trust Fund, including any fuel tax in- have a rollcall vote. The amendments are as follows: creases that may be enacted into law after Mr. LAUTENBERG. Why don’t we do AMENDMENT NO. 324 the date of adoption of this resolution, and this. If we vote on the present Gramm (Purpose: To express the sense of the Senate the spending from the Highway Trust Fund; amendment, the one that is being pre- regarding the protection of children’s health) and sented at this time, why don’t we vote At the appropriate place, insert the fol- (2) changes to the budgetary treatment of on that and give us a chance to take a lowing: the Highway Trust Fund should not result in total program levels for highways or mass look at the other one. And I appreciate SEC. . SENSE OF THE SENATE REGARDING THE transit that is inconsistent with those as- the misunderstanding of the Senator PROTECTION OF CHILDREN’S sumed under the resolution. from Texas because there was some HEALTH. confusion. He was gracious about ac- (a) FINDINGS.—The Senate makes the fol- Mr. BOND. I ask they be set aside. lowing findings: The PRESIDING OFFICER. Without cepting these UC’s, and I absolutely (1) Today’s children and the next genera- objection, it is so ordered. agree with that. tion of children are the prime beneficiaries The Senator from New Mexico. I thought we were in the process of of a balanced Federal budget. Without a bal- Mr. DOMENICI. Madam President, I alternating sides. But I would ask the anced budget, today’s children will bear the really do not like the Senate to be in indulgence of the Senator from Illinois. increasing burden of the Federal debt. Con- the state of confusion that it is in. This Would the Senator from Illinois tinued deficit spending would doom future kind of makes me feel as if I am not agree to having a vote on the Gramm generations to slower economic growth, doing my job here. So could we start amendment that is presently pending, higher taxes, and lower living standards. over and see if I could straighten mat- and give us a chance to review the (2) The health of children is essential to the future economic and social well-being of ters out so that at least I do not feel other one and consider it for 10 min- the Nation. embarrassed about having everybody utes, if that is OK. Then I would pro- (3) The medicaid program provides health talking at the same time. pound a unanimous-consent agreement coverage for over 17,000,000 children, or 1 out I would like for the rest of the to do just that, or do we just have an of every 4 children. evening if somebody here in the man- (4) While children represent 1⁄2 of all indi- understanding to proceed that way? agement side of this could invent some Mr. DOMENICI. I think we have viduals eligible for medicaid, children ac- count for less than 25 percent of expenditures streamlined method of letting people enough understanding to do that. introduce these amendments that are Mr. BOND addressed the Chair. under the medicaid program. (5) Disproportionate share hospital (DSH) nothing more than conforming UC re- The PRESIDING OFFICER. The Sen- funding under the medicaid program has al- quests that said you have to file them ator from Missouri. lowed States to expand health care coverage tonight. Maybe you have a code word Mr. BOND. May I ask the status of to thousands of uninsured pregnant women the unanimous consent request that for it and we just say this is X amend- and children. DSH funding under the med- ment and we will get it done so people began this whole process? icaid program is essential for current and fu- The PRESIDING OFFICER. There ture coverage of these uninsured popu- do not have to read them. And if you are several unanimous-consent re- lations. get a unanimous-consent that kind of quests that are pending. (b) SENSE OF THE SENATE.—It is the sense does that for us, we would both appre- The Senator from Missouri made a of the Senate that the provisions of this res- ciate that, I assume. olution assume that the health care needs of unanimous-consent request that we set Mr. LAUTENBERG. Absolutely. low-income pregnant women and children Mr. DOMENICI. Having said that, I aside the amendment currently pend- should be a top priority. Careful study must want to ask that by unanimous con- ing. be made of the impact of medicaid dispropor- sent, any unanimous consent that I Mr. BOND. For the purpose of pre- tionate share hospital (DSH) reform pro- heretofore received in the last 20 min- senting two amendments which I would posals on children’s health and on vital utes be set aside. then ask be set aside simply to comply sources of care, including children’s hos- The PRESIDING OFFICER. Is there with the filing requirement. pitals. Any restrictions of DSH funding objection? Without objection, it is so The PRESIDING OFFICER. Is there under the medicaid program should not dev- ordered. objection to the request of the Senator astate current State medicaid coverage of children and pregnant women, or hinder Mr. DOMENICI. Now I ask unani- from Missouri? health care coverage expansion opportuni- mous consent that a vote occur on Sen- Without objection, it is so ordered. ties for these uninsured populations. ator GRAMM’s amendment and the one Mr. BOND. I thank the Chair. I thank that has been debated, either on it or my colleagues. AMENDMENT NO. 325 related to it, at 6:30. AMENDMENT NOS. 324 AND 325 (Purpose: To express the sense of the Senate The PRESIDING OFFICER. Is there Mr. BOND. I send two amendments to concerning the Highway Trust Fund) objection? Without objection, it is so the desk, one a sense-of-the-Senate res- At the appropriate place in title III, insert ordered. olution regarding protection of chil- the following: Mr. LAUTENBERG. Reserving the dren’s health on behalf of myself, Mrs. SEC. . SENSE OF THE SENATE CONCERNING right for the moment, I intend to pro- MURRAY, Mr. GORTON, and Mr. HIGHWAY TRUST FUND. pose to table the Gramm amendment (a) FINDINGS.—The Senate finds that— ASHCROFT, reflecting on the dispropor- and do not want to be excluded from tionate share of hospital payments; a (1) there is no direct linkage between the fuel taxes deposited in the Highway Trust that or precluded by it. second sense-of-the-Senate resolution Fund and the transportation spending from Mr. DOMENICI. You are not. on behalf of myself, Mr. CHAFEE, Mr. the Highway Trust Fund; Now, Madam President, let me ask ABRAHAM, Mr. REID, Mr. COCHRAN, Mr. (2) the Federal budget process has severed further that immediately after that, GRAHAM, Mr. GREGG, and Mr. SESSIONS, this linkage by dividing revenues and spend- Senator BROWNBACK be recognized to asking that the Senate reestablish ing into separate budget categories with— offer an amendment which is going to linkage between the revenues deposited (a) fuel taxes deposited in the Highway be accepted and has been agreed on into the highway trust fund and trans- Trust Fund as revenues; and (B) most spending from the Highway Trust both sides. portation spending from the trust fund. Fund in the discretionary category; Mr. LAUTENBERG. And I have unan- I send these to the desk and ask they (3) each budget category referred to in imous consent that Senator KOHL be be filed and I ask that they may be set paragraph (2) has its own rules and proce- permitted to introduce an amendment side. dures; and for 2 minutes.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4845 Mr. DOMENICI. It is one of these amendment. And then we will stand and State transportation officials deter- code amendments. around here and try to work it out. mined the projects added little, if any, to Mr. LAUTENBERG. It has the code. The PRESIDING OFFICER. Without meeting their transportation infrastructure The code is zip. objection, it is so ordered. priorities; (4) 538 location specific projects totaling Mr. DOMENICI. All right. That will AMENDMENTS NOS. 326, 327, AND 328 $6.23 billion were included in the Intermodal be the next item of business. OK. Mr. MCCAIN. Will the Senator yield? Surface Transportation Efficiency Act of The PRESIDING OFFICER. Is there Mr. DOMENICI. I will be pleased to 1991; objection to the unanimous-consent re- yield. (5) more than $3.3 billion of the funds au- quest of the Senator from New Mexico Mr. MCCAIN. I ask unanimous con- thorized for the 538 location specific-projects that the Senator from Kansas be recog- sent to send to the desk three amend- remained unobligated as of January 31, 1997; nized following the vote on the Gramm (6) the General Accounting Office deter- ments. mined that 31 States plus the District of Co- amendment? The PRESIDING OFFICER. Is there lumbia and Puerto Rico would have received Ms. MOSELEY-BRAUN. Reserving objection? more funding if the Intermodal Surface the right—— Mr. DOMENICI. No objection. Transportation Efficiency Act location-spe- Mr. DOMENICI. The Senator is next. The PRESIDING OFFICER. Without cific project funds were redistributed as Fed- I am going to come right to her. objection, it is so ordered. eral-aid highway program apportionments; The PRESIDING OFFICER. Without Mr. MCCAIN. I yield the floor. (7) this type of project funding diverts objection, it is so ordered. The PRESIDING OFFICER. The Highway Trust Fund money away from State transportation priorities established under Mr. DOMENICI. All right. Now, I say clerk will report the amendments. to the Senator from Texas, would you the formula allocation process and under the The legislative clerk read as follows: Intermodal Surface Transportation and Effi- mind taking your second amendment The Senator from Arizona [Mr. MCCAIN] ciency Act of 1991; and setting it aside and let Senator proposes amendments numbered 326, 327, and (8) on June 20, 1995, by a vote of 75 yeas to MOSELEY-BRAUN go and then you follow 328. 21 nays, the Senate voted to prohibit the use her? Mr. MCCAIN. Mr. President, I ask of Federal Highway Trust Fund money for Mr. GRAMM. That would be fine. unanimous consent that reading of the future demonstration projects; Mr. DOMENICI. OK. So thereafter, (9) the Intermodal Surface Transportation amendments be dispensed with. and Efficiency Act of 1991 expires at the end Senator MOSELEY-BRAUN would be rec- The PRESIDING OFFICER. Without of the Fiscal Year 1997; and ognized for her amendment, and then objection, it is so ordered. (10) hundreds of funding requests for spe- Senator GRAMM for his second amend- The amendments are as follows: cific transportation projects in Congres- ment that everybody knows about. We AMENDMENT NO. 326 sional Districts have been submitted in the might be able to work it out. And then House of Representatives. (Purpose: To express the sense of the Senate when they are completed, that we then (b) SENSE OF THE SENATE.—It is the sense regarding truth in budgeting and spectrum of the Senate that— stack the votes until 9 o’clock and that auctions) subsequent to the debate on those (1) notwithstanding different views on ex- At the appropriate place in the resolution, isting Highway Trust Fund distribution for- amendments, they would be set aside insert the following: mulas, funding for demonstration projects or and the following three Senators would SEC. . SENSE OF THE SENATE. other similarly titled projects diverts High- be permitted to speak on the floor of (a) The Senate finds that: way Trust Fund money away from State pri- the Senate: Senator BYRD, 15 min- (1) The electromagnetic spectrum is the orities and deprives States of the ability to utes—— property of the American people and is man- adequately address their transportation Mr. BYRD. When would that be? aged on their behalf by the Federal Govern- needs; Mr. DOMENICI. That would probably ment; (2) States are best able to determine the be—I am just going to guess with the (2) The spectrum is a highly valuable and priorities for allocating Federal-Aid-To- Highway monies within their jurisdiction; Senator, but I am thinking it would be limited natural resource; (3) The auctioning of spectrum has raised (3) Congress should not divert limited like quarter of 8. billions of dollars for the Treasury; Highway Trust Fund resources away from Mr. BYRD. Quarter of 8. I could have (4) The estimates made regarding the value State transportation priorities by author- had my speech made. of spectrum in the past have proven unreli- izing new highway projects; and Mr. DOMENICI. I know. We are just able, having previously understated and now (4) Congress should not authorize any new not as good at putting things together. overstating its worth; demonstration projects or other similarly-ti- Would the Senator want to do that (5) Because estimates of spectrum value tled projects. sooner? depend on a number of technological, eco- AMENDMENT NO. 328 Mr. BYRD. I will only need 12 or 15 nomic, market forces, and other variables that cannot be predicted or completely con- (Purpose: To express the sense of the Senate minutes. trolled, it is not possible to reliably estimate that the revenues generated under legisla- Ms. MOSELEY-BRAUN. Reserving the value of a given segment of spectrum; tion described in section 207 should not be the right to object, I was not clear therefore, appropriated before the enactment of legis- whether or not the Senator’s request (b) It is the Sense of the Senate that as lation to reauthorize and reform the Na- included a request to stack votes on auctions occur as assumed by this Resolu- tional Rail Passenger Corporation) these amendments. I would have to ob- tion, the Congress shall take such steps as At the appropriate place, insert the fol- ject to that, to stack the votes. necessary to reconcile the difference between lowing: Mr. DOMENICI. I did not hear the actual revenues raised and estimates made SEC. . SENSE OF THE SENATE REGARDING AM- Senator. and shall reduce spending accordingly if such TRAK. auctions raise less revenue than projected. Ms. MOSELEY-BRAUN. I would ob- It is the sense of the Senate that any reve- ject to the stacked votes. nues generated to finance an intercity pas- AMENDMENT NO. 327 senger rail fund under section 207 of this res- Mr. DOMENICI. I will tell you the (Purpose: To express the sense of the Senate olution shall not be appropriated to the Na- leader wanted the votes stacked, so if with respect to certain highway dem- tional Rail Passenger Corporation until such you do not want to accept it, I will onstration projects) time as legislation has been signed into law stand here on the floor and speak until At the appropriate place, insert the fol- to reauthorize and reform the National Rail 9 o’clock. I do not know why we could lowing: Passenger Corporation. not agree to stack the votes. SEC. . HIGHWAY DEMONSTRATION PROJECTS. Mr. GRAMM addressed the Chair. Mr. LAUTENBERG. I also have to re- (a) FINDINGS.—The Senate finds that— The PRESIDING OFFICER. The Sen- serve the right to consult with our (1) 10 demonstration projects totaling $362 ator from Texas. leader to see if we could not make that million were listed for special line-item Mr. GRAMM. Madam President, if all a little bit later than 9 so that we funding in the Surface Transportation As- this has come apart, I would like to re- can—— sistance Act of 1982; mind the Chair that when I recognized (2) 152 demonstration projects totaling $1.4 Mr. DOMENICI. Madam President, I Senator DORGAN and the cast of thou- billion were named in the Surface Transpor- would ask that all my unanimous-con- tation and Uniform Relocation Assistance sands here, in that unanimous-consent sent requests be vitiated and we pro- Act of 1987; request was the request that we first ceed to a vote, except the one that we (3) 64 percent of the funding for the 152 consider, we deal with two amend- will vote at 6:30 on Senator GRAMM’s projects had not been obligated after 5 years ments of mine, one that I thought was

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The motion to lay on the table the reserving the right to object, I say to Now, I am perfectly willing to let the amendment (No. 318) was agreed to. Senators, before we leave here to- Senator from Illinois go before me, but Mr. DOMENICI. Madam President, I night—and we are going to come back if that is not going to work out, I want move to reconsider the vote by which and vote at 9—we hope by that time to to go ahead and claim the right that I the motion was agreed to. have a unanimous-consent arrange- had under that unanimous-consent Mr. LAUTENBERG. I move to lay ment so Senators will not have to each agreement. that motion on the table. stand up and send those amendments The PRESIDING OFFICER. The Sen- Mr. BYRD addressed the Chair. to the desk. Madam President, I say to ator from New Mexico. The PRESIDING OFFICER. The Sen- Senator BUMPERS, we hope to have that Mr. DOMENICI. I concur with that. ator from West Virginia. done, but if he wants to do it now while Mr. LAUTENBERG. I wonder if we Mr. DOMENICI. Madam President, he is on the floor, fine. can just take a minute to confer with may we have order? Mr. BUMPERS. It will take 10 sec- our leader. The PRESIDING OFFICER. The Sen- onds. ate will be in order. The Senator from AMENDMENT NO. 318 Mr. DOMENICI. I have no objection West Virginia has the floor. to the Senator’s request. Mr. LAUTENBERG. Have the yeas Mr. BYRD. Madam President, I pro- Mr. LAUTENBERG addressed the and nays been ordered on the Gramm pound a parliamentary inquiry. There Chair. amendment? was some confusion about the unani- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The yeas mous-consent requests that were made ator from New Jersey. and nays have not been ordered. just before the vote and as to whether Mr. LAUTENBERG. It is very gen- Mr. LAUTENBERG. I move to table or not some of those requests have erous of the Senator from West Vir- the Gramm amendment. been agreed to and remain to be ful- ginia to propound this request. I cer- The PRESIDING OFFICER. Is there a filled. That is my question. tainly do not object, but understand, I sufficient second? The PRESIDING OFFICER. The say to my colleagues, that the amend- Mr. GRAMM. Madam President, I ask Chair is uncertain whether a unani- ments then should go up immediately. for the yeas and nays. mous-consent agreement was reached The PRESIDING OFFICER. Is there The PRESIDING OFFICER. There is with respect to the amendment of the objection to the request? Without ob- a sufficient second on the motion to Senator from Kansas to go next. jection, it is so ordered. table. Mr. BYRD. Madam President, our AMENDMENT NOS. 333, 334, AND 335 Mr. LAUTENBERG. And the yeas and other distinguished President pro tem- Mr. LAUTENBERG. Madam Presi- nays are ordered. Is that correct? pore is on the floor, and we have a very dent, I have one amendment I send to The yeas and nays were ordered. good attendance. I ask unanimous con- the desk on behalf of Senator DODD, Mr. DOMENICI. The time has come sent, notwithstanding any previous and I have two amendments which I for a vote. order, I might proceed at this time for send to the desk on behalf of Senator The PRESIDING OFFICER. The yeas not to exceed 15 minutes. MOSELEY-BRAUN. and nays have been ordered. The ques- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The tion is on agreeing to the motion to objection to the request of the Senator clerk will report. table the amendment. The clerk will from West Virginia? The legislative clerk read as follows: call the roll. Mr. KYL addressed the Chair. The Senator from New Jersey [Mr. LAU- The PRESIDING OFFICER. The Sen- The legislative clerk called the roll. TENBERG] proposes amendments numbered Mr. NICKLES. I announce that the ator from Arizona. 333, 334 for Ms. MOSELEY-BRAUN and amend- Senator from Idaho [Mr. KEMPTHORNE] Mr. KYL. Reserving the right to ob- ment numbered 335 for Mr. DODD. is necessarily absent. ject, I wonder if our colleague from Mr. LAUTENBERG. Madam Presi- The result was announced—yeas 68, West Virginia would simply permit me dent, I ask unanimous consent that the nays 31, as follows: to offer an amendment. reading of the amendments be dis- [Rollcall Vote No. 77 Leg.] Mr. BYRD. And have it laid aside? Mr. KYL. Exactly. pensed with. YEAS—68 Mr. BYRD. I have no objection. The PRESIDING OFFICER. Without Akaka Feingold Lott Mr. BUMPERS addressed the Chair. objection, it is so ordered. Baucus Feinstein Lugar The PRESIDING OFFICER. The Sen- The amendments are as follows: Bennett Ford Mikulski AMENDMENT NO. 333 Biden Frist Moseley-Braun ator from Arkansas. Bingaman Glenn Moynihan Mr. BUMPERS. Reserving the right (Purpose: To express the sense of the Senate Bond Gorton Murkowski to object, and I shall not object, I regarding the use of budget savings) Boxer Graham Murray would like to make the same request of At the appropriate place, insert the fol- Breaux Grassley Reed lowing: Bryan Hagel the Senator from West Virginia in Reid Bumpers Harkin SEC. . SENSE OF THE SENATE REGARDING THE Robb order to offer three amendments. Byrd Hollings USE OF BUDGET SAVINGS. Roberts Mr. BYRD. I have no objection. Chafee Inouye (a) FINDINGS.—The Senate makes the fol- Rockefeller Mr. GRAMS addressed the Chair. Cleland Jeffords lowing findings: Cochran Johnson Sarbanes Mr. BYRD. I retain my right to the Smith (OR) (1) Poverty rates among the elderly are at Collins Kennedy floor. the lowest level since our Nation began to Conrad Kerrey Snowe The PRESIDING OFFICER. The Sen- Specter keep poverty statistics, due in large part to D’Amato Kerry ator from West Virginia has the floor. Daschle Kohl Stevens the social security system and the medicare DeWine Landrieu Thompson Mr. GRAMS. Reserving the right to program. Dodd Lautenberg Torricelli object, and I will not object, I also just (2) Twenty-two percent of every dollar Domenici Leahy Warner would like to offer an amendment and spent by the Federal Government goes to the Dorgan Levin Wellstone lay it aside. social security system. Durbin Lieberman Wyden Mr. BYRD. Madam President, I ask (3) Eleven percent of every dollar spent by NAYS—31 unanimous consent that all Senators the Federal Government goes to the medi- care program. Abraham Campbell Faircloth presently on the floor who have amend- Allard Coats Gramm (4) Currently, spending on the elderly ac- ments which they wish to offer so they 1 Ashcroft Coverdell Grams counts for ⁄3 of the Federal budget and more Brownback Craig Gregg will be properly offered, I ask that they than 1⁄2 of all domestic spending other than Burns Enzi Hatch be allowed to offer them. interest on the national debt.

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(5) Future generations of Americans must AMENDMENT NO. 335 Budget Reconciliation Bill or a particular be guaranteed the same value from the social (Purpose: To ensure that the concurrent res- Title of a Budget Reconciliation Bill if the security system as past covered recipients. olution conforms with the Bipartisan Bill or Title would increase the deficit dur- (6) According to the 1997 report of the Man- Budget Agreement to restrict revenue re- ing a fiscal year after the year covered by agement Trustee for the social security trust ductions over the ten-year period) the Bill; and ‘‘(3) the purpose of the Budget Reconcili- funds, the accumulated balance in the Fed- On page 41, line 9 strike the period and add, ation process is to enact legislation to re- eral Old-Age and Survivors Insurance Trust ‘‘and $250,000,000,000 for the period of fiscal duce the Federal budget deficit. Fund is estimated to fall to zero by 2029, and years 1998 through 2007’’. the estimated payroll tax at that time will ‘‘(b) SENSE OF THE SENATE.—It is the sense be sufficient to cover only 75 percent of the Mr. LAUTENBERG. I ask unanimous of the Senate that the Senate should not benefits owed to retirees at that time. consent that the amendments be laid enact Budget Reconciliation legislation (7) The accumulated balance in the Federal aside. which increases the Federal Budget deficit Hospital Insurance Trust Fund is estimated The PRESIDING OFFICER. Without either during any fiscal year covered by the to fall to zero by 2001. objection, it is so ordered. The Senator Reconciliation legislation or any fiscal year (8) While the Federal budget deficit has from Arkansas. thereafter. shrunk for the fourth straight year to AMENDMENT NOS. 330, 331 AND 332 The PRESIDING OFFICER. The Sen- $67,000,000,000 in 1997, measures need to be ator from West Virginia still has con- taken to ensure that that trend continues. Mr. BUMPERS. I ask unanimous con- trol. (b) SENSE OF THE SENATE.—It is the sense sent that the pending amendment be of the Senate that the provisions of this res- temporarily laid aside in order for me Mr. BUMPERS. I am sorry, I thought olution assume that budget savings in the to offer three amendments, which I the Senator had yielded for that pur- mandatory spending area should be used— send to the desk. pose. (1) to protect and enhance the retirement The PRESIDING OFFICER. The Mr. BYRD. I think I made a request. security of the American people by ensuring If I may be heard, my request was that the long-term future of the social security clerk will report. The legislative clerk read as follows: all Senators who are presently on the system; floor may be permitted to send their (2) to protect and enhance the health care The Senator from Arkansas [Mr. BUMPERS] security of senior citizens by ensuring the proposes amendments numbered 330, 331 and amendments to the desk, and it will be long-term future of the medicare program 332. considered as having been offered in under title XVIII of the Social Security Act Mr. BUMPERS. Madam President, I order to comply with the requests that (42 U.S.C. 1395 et seq.); and ask unanimous consent that the read- amendments be filed before the day (3) to restore and maintain Federal budget ing of the amendments be dispensed ends. So I think that takes care of it. discipline to ensure that the level of private Mr. BUMPERS. Let me ask the Sen- with. investment necessary for long-term eco- ator from West Virginia, is his request nomic growth and prosperity is available. The PRESIDING OFFICER. Without objection, it is so ordered. that all Senators can simply send their amendments to the desk without the AMENDMENT NO. 334 The amendments are as follows: formality of offering them from the (Purpose: To express the sense of the Senate AMENDMENT NO. 330 regarding the value of the social security floor? (Purpose: To delay the effectiveness of the Mr. BYRD. That was my request. I do system for future retirees) tax cuts assumed in the Budget Resolution At the appropriate place, insert the fol- until the Federal budget is balanced) not know if it was objected to. The PRESIDING OFFICER. That was lowing: Change the figure on line 11 of page 3 to SEC. . SENSE OF THE SENATE REGARDING THE zero. the agreement that was agreed to. VALUE OF THE SOCIAL SECURITY Change the figure on line 12 of page 3 to Mr. GRAMM addressed the Chair. SYSTEM FOR FUTURE RETIREES. zero. The PRESIDING OFFICER. The Sen- (a) FINDINGS.—The Senate makes the fol- Change the figure on line 13 of page 3 to ator from Texas. lowing findings: zero. Mr. GRAMM. Madam President, we (1) The social security system has allowed Change the figure on line 14 of page 3 to have an agreement on the amendment a generation of Americans to retire with dig- zero. that is pending subject to just a modi- nity. Today, 13 percent of the population is Strike lines 7–9 on page 41 and insert in fication. Can we do the modification in 65 or older and by 2030, 20 percent of the pop- lieu thereof the following: ulation will be 65 or older. More than 1⁄2 of ‘‘reduce revenues by not more than 30 seconds and clear the floor and then the elderly do not receive private pensions $20,500,000,000 in fiscal year 2002 and let both our distinguished senior Sen- and more than 1⁄3 have no income from as- $20,500,000,000 for the period of fiscal years ators speak, and then we can start the sets. 1998 through 2002.’’ whole process again? We can do that in (2) For 60 percent of all senior citizens, so- 30 seconds. Can we do that? cial security benefits provide almost 80 per- AMENDMENT NO. 331 Mr. BYRD. I have no objection to cent of their retirement income. For 80 per- (Purpose: To ensure that the Medicare cuts that. I just hope we will not lose an au- cent of all senior citizens, social security that will be enacted are not used to pay for benefits provide over 50 percent of their re- dience before I get to speak. tax cuts and that instead the tax cuts are Mr. GRAMM. We can add Senator tirement income. completely paid for by the closure of tax (3) Poverty rates among the elderly are at loopholes) THURMOND to the unanimous-consent the lowest level since the United States request and let both speak. I think it Strike lines 7–9 on page 41 and insert in began to keep poverty statistics, due in large lieu thereof the following: will be good. part to the social security system. ‘‘Raise revenues by $19,500,000,000 in fiscal Mr. DOMENICI. Senator BROWNBACK (4) Seventy-eight percent of Americans pay year 2002 and $30,000,000,000 for the period of has an amendment just like yours. Can more in payroll taxes than they do in income fiscal years 1998 through 2002.’’ we take it right after yours? It will taxes. (5) According to the 1997 report of the Man- AMENDMENT NO. 332 take 10 minutes. aging Trustee for the social security trust (Purpose: To express the Sense of the Senate Mr. BROWNBACK. Good, and I prom- funds, the accumulated balance in the Fed- that no budget reconciliation bill shall in- ise I will stay around and listen. eral Old-Age and Survivors Insurance Trust crease the Federal deficit, either during AMENDMENT NO. 317, AS MODIFIED Fund is estimated to fall to zero by 2029, and the five year scoring period or thereafter) Mr. GRAMM. Madam President, I the estimated payroll tax at that time will Add the following new section at the ap- send a modification to the desk to be sufficient to cover only 75 percent of the propriate place in the Resolution: amendment No. 317. All the amend- benefits owed to retirees at that time. ‘‘SEC. . SENSE OF THE SENATE OPPOSING THE ment says is it is a sense of the Senate (6) The average American retiring in the ENACTMENT OF RECONCILIATION year 2015 will pay $250,000 in payroll taxes LEGISLATION WHICH ADDS TO THE that we need to move toward setting over the course of his or her working career. FEDERAL DEFICIT. aside in advance funding for emer- (7) Future generations of Americans must ‘‘(a) FINDINGS.—The Congress finds that— gencies; that we ought to ask Presi- be guaranteed the same value from the social ‘‘(1) the Congressional Budget Act allows dents to submit budgets that prepare security system as past covered recipients. for a point of order to be raised against a for emergencies. We know we are going (b) SENSE OF THE SENATE.—It is the sense Budget Reconciliation Bill or a particular to have them every year. We have aver- of the Senate that the provisions of this res- Title of a Budget Reconciliation Bill if the olution assume that no change in the social Bill or Title would increase the deficit dur- aged $7 billion in emergency spending security system should be made that would ing a fiscal year covered by the Bill; for the last 6 years. We ought to go reduce the value of the social security sys- ‘‘(2) the Congressional Budget Act allows ahead and make it part of the process tem for future generations of retirees. for a point of order to be raised against a that these are funded in advance.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4848 CONGRESSIONAL RECORD — SENATE May 21, 1997 This is a sense-of-the-Senate resolu- The legislative clerk read as follows: This deal assumes we will be able to tion. Obviously, we will have to vote on The Senator from Kansas [Mr. BROWN- achieve 72 percent of the savings in the this to get to appropriations, but it has BACK], for himself and Mr. KOHL, proposes an last 2 years with more than half occur- been cleared on both sides. amendment numbered 329. ring in the last year. I thank our colleagues for accepting Mr. BROWNBACK. I ask unanimous And because these numbers are so it. consent that further reading of the fragile and ever-changing at best, and The PRESIDING OFFICER. Is there amendment be dispensed with. We can because this budget promises to bal- objection to amendment No. 317 being do this very quickly. ance without much real fiscal re- modified? The PRESIDING OFFICER. Is there straint, it is imperative that we enact Mr. DOMENICI. We have no objec- objection? Without objection, it is so strong budget enforcement reforms to tion. ordered. assure that the goals of this deal are The PRESIDING OFFICER. Without The amendment is as follows: reached. objection, it is so ordered. At the appropriate place, insert the fol- We cannot simply rely on hope to end The amendment, as modified, is as lowing: this cycle of debt we are passing onto follows: SEC. . SENSE OF THE SENATE ON ENFORCE- our children. To make balancing the MENT OF BIPARTISAN BUDGET At the end of title III insert the following: budget a reality, this deal needs teeth. AGREEMENT. We need to strengthen this deal by at SEC. . SENSE OF THE SENATE ON DISASTER AS- (a) FINDINGS.—The Senate finds that— SISTANCE FUNDING. (1) the bipartisan budget agreement is con- least enforcing it. (a) FINDINGS.—The Senate finds that— tingent upon— This amendment does not change any (1) emergency spending adds to the deficit (A) favorable economic conditions for the numbers, it does not alter any of the and total spending; next 5 years; goals of this agreement. It only says (2) the Budget Enforcement Act of 1990 ex- (B) accurate estimates of the fiscal im- that Congress should put in place tools empts emergency spending from the discre- pacts of assumptions in this resolution; and to make sure this deal is honored. tionary spending caps and pay-go require- (C) enactment of legislation to reduce the What is in the amendment? ments; deficit. This amendment requires that this (2) if either of the conditions in paragraph (3) the Budget Enforcement Act of 1990 ex- summer the Budget Committee report pires in 1989 and needs to be extended; (1) are not met, our ability to achieve a bal- (4) since the enactment of the Budget En- anced budget by 2002 will be jeopardized. a bill that requires: That every year forcement Act, Congress and the President (b) SENSE OF THE SENATE.—It is the sense the President sends Congress a budget have approved an average of $5.8 billion per of the Senate that the functional totals and that complies with this agreement; year in emergency spending; limits in this resolution assume that— that the budget adopted by Congress (5) a natural disaster in any particular (1) reconciliation legislation should in- complies with this agreement; provides State is unpredictable, but the United States clude legislation to enforce the targets set that if the deficit is below the targets is likely to experience a natural disaster al- forth in the budget process description in- set out in this budget that the money cluded in the agreement and to ensure the most every year. is not spent, rather it shall be saved; (b) SENSE OF THE SENATE.—It is the sense balanced budget goal is met; and of the Senate that the functional totals un- (2) such legislation shall— that emergency spending is paid for; derlying this concurrent resolution on the (A) establish procedures to ensure those and this amendment establishes legal budget assume that the Congress should con- targets are met every year; procedures that will assure that the sider in the extension on the Budget Enforce- (B) require that the President’s annual goals of this agreement are reached. ment Act and in appropriations acts— budget and annual Congressional concurrent Mr. KOHL. Madam President, I rise (1) provisions that budget for emergencies resolutions on the budget comply with those as a supporter of this budget and as a or that require emergency spending to be off- targets every year; sponsor of the Brownback-Kohl en- set; (C) consider provisions which provide that if the deficit is below or the surplus is above forcement amendment. This budget de- (2) provisions that provide flexibility to serves the support of the Senate for meet emergency funding requirements asso- the deficits projected in the agreement in ciated with natural disaster; any year, such savings are locked in for def- several reasons. (3) Congress and the President should con- icit and debt reduction; and It is bipartisan and centrist. It finds sider appropriating at least $5 billion every (D) consider provisions which include a priorities—like education and child year within discretionary limits to provide provision to budget for and control emer- health—that transcend party lines. It natural disaster relief; gency spending in order to prevent the use of includes reasonable tax relief targeted (4) Congress and the President should not emergencies to evade the budget targets. toward families and economic growth. designate any emergency spending for nat- Mr. BROWNBACK. Senator KOHL and It balances the budget by the year 2002, ural disaster relief until such amounts pro- I have a great deal of concern about and it produces surpluses to reduce the vided in regular appropriations are ex- getting some enforcement mechanisms debt in the years after that. hausted. put into place during reconciliation so In this budget, the Congress and the The PRESIDING OFFICER. Is there that the budget agreement that is administration have found a way to do further debate on amendment No. 317, reached, if it is passed, is then en- what the American people have long as modified? forced. It is in the reconciliation of the asked us to do: Balance the budget in a Without objection, the amendment is bill. That is what this amendment will balanced manner—grow the economy agreed to. do. We need to work together during without growing income inequality— The amendment (No. 317), as modi- reconciliation to enforce the targets strengthen the country by strength- fied, was agreed to. that have been established. ening the working family. Mr. LAUTENBERG. Mr. President, I Madam President, this is a hopeful The amendment I offer today with move to reconsider the vote by which budget deal. We must hope that we do my colleague from Kansas makes this the amendment was agreed to. not have one slight downturn in the very good budget stronger. It calls on Mr. DOMENICI. I move to lay that economy. We must hope that we did the Budget Committee to report en- motion on the table. not make one flawed assumption, and forcement legislation that will lock in The motion to lay on the table was we must hope that we don’t have a na- the deficit targets in the agreement. agreed to. tional emergency. While there are some enforcement Mr. BROWNBACK addressed the Madam President, no matter how provisions in the budget deal, we don’t Chair. well intended things may be, things think they go far enough. Our amend- The PRESIDING OFFICER. The Sen- don’t always work out the way you ment calls for enforceable caps on all ator from Kansas. hope they will. If any one of these parts of the budget—entitlements, dis- AMENDMENT NO. 329 hopeful events don’t occur, then the cretionary spending, and tax expendi- (Purpose: To express the sense of the Senate budget won’t be balanced. This is why tures. It requires windfall savings from on enforcement of the bipartisan budget Senator KOHL and I are offering this a good economy or lower than antici- agreement) sense-of-the-Senate amendment. pated spending to be locked in to def- Mr. BROWNBACK. I have an amend- This budget deal was only made pos- icit reduction. And it calls for reform ment at the desk. sible because the night before the in emergency spending procedures so The PRESIDING OFFICER. The agreement, CBO found an extra $225 that Congress cannot use true disasters clerk will report. billion in revenues. as

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4849 an excuse for off-budget spending on fa- the right to table either one if we so STROM THURMOND, whose service began vorite programs. desire or if anyone desires to do that. on December 24, 1954, will surpass the Again, said. Out amendment does not I ask unanimous consent that that record set by Arizona Senator Carl change the budget deal. It strengthens request be granted. Hayden, who served 41 years and 10 it. It guarantees that the balanced The PRESIDING OFFICER. Is there months between 1927 and 1969. In the budget becomes a reality. And it will objection? entire 208-year history of the U.S. Sen- assure the American people that we are Mr. CONRAD. Reserving the right to ate, only three Senators—STROM THUR- serious about reaching balance by 2002. object. If I could get the—— MOND, Carl Hayden, and John Stennis It is important that we make that as- Mr. DOMENICI. I get instructions, I of Mississippi—served for more than 40 surance. This budget is open to criti- am so sorry, that I am unaware of. I years. cism because it increases the deficit understand Senator MOSELEY-BRAUN I should point out that Senator Hay- from $67 to $90 billion in 1998 and 1999 will agree to have her vote be the first den had previously spent 15 years in before bringing it to 0 in 2002. All of the vote up in the morning. the House of Representatives, giving deficit reduction in this agreement oc- Ms. MOSELEY-BRAUN. Yes. him a combined 56 years in Congress, a curs after the turn of the century. Mr. DOMENICI. Tonight at 9 o’clock, record matched by no one else in either We simply are not credible if we we will vote on Senator MACK’s pro- the House or Senate. promise to cut the deficit a couple of posal that I just described. I stand fourth on the overall list of years down the road. People have heard Would the Senator like to vote this seniority in the Senate, with 38 years that from Congress for too long. I urge evening? and 5 months of service to date, which my colleagues to support this budget— Mr. MACK. I would like to have a re- does not count the 6 years that I spent and more. I urge them to commit to it corded vote. This evening would be in the House of Representatives, begin- by agreeing on strong enforcement pro- fine. My only question would be, are we ning in January 1953, before I came to cedures that will guarantee the deficit really fixing a time at 9 o’clock or—— the Senate. The rest of the ‘‘top 10’’ in- reduction we promise. I urge my col- Mr. DOMENICI. We will not have a clude Senators Richard Russell, Rus- leagues to support the Brownback-Kohl vote until 9 o’clock. sell Long, Francis Warren, James East- amendment. Mr. MACK. Sometime after that? land, Warren Magnuson, and Claiborne Mr. BROWNBACK. I ask that this Mr. DOMENICI. At 9 or thereafter. Pell. It is worthy of note that while amendment be agreed to by unanimous Mr. MACK. Very good. there have been Senators throughout consent. It has been worked out be- Mr. DOMENICI. Any other Senators our history—1,843 Senators in our 208- tween the parties. that might have an amendment they year history—at the time that Senator The PRESIDING OFFICER (Mr. would like to call up tonight? Hayden retired in 1969, 9 of these top 10 ENZI). Is there further debate on the Mr. CONRAD. Yes, Mr. Chairman, if I Senators were then serving together in amendment? If there is no objection, might. the Senate. That is quite a remarkable amendment No. 329 is agreed to. Mr. DOMENICI. You are in. thing, I think. Longevity of Senate The amendment (No. 329) was agreed Mr. CONRAD. I would like to get in- service is clearly a modern phe- to. cluded in this train. I would like to get nomenon. The PRESIDING OFFICER. The Sen- in on this one. Longevity records have been set on ator from West Virginia, under the pre- Mr. DOMENICI. Do you want to fol- three prior occasions in the 20th cen- vious order, is recognized. low whatever we have just indicated tury. In 1905, William Allison, an Iowa Mr. DOMENICI. Would the Senator the sequence is? You will follow there- Republican, broke the previous record permit me one thing? after with a speech here on the floor. I of 31 years and 11 months. In 1928, Sen- Mr. BYRD. Yes. ask unanimous consent for that to be ator Francis Warren, a Re- Mr. DOMENICI. I gather Senator added to the request. publican, broke Allison’s record. And BYRD is going to speak and then Sen- Mr. CONRAD. I thank the Senator. in 1964, Senator Carl Hayden, an Ari- ator THURMOND is going to speak. Then Mr. DOMENICI. We will not agree to zona Democrat, surpassed Warren’s I would ask unanimous consent two any other amendments at this time. tenure. Now Senator THURMOND, a Re- amendments be in order and in the fol- The PRESIDING OFFICER. Is there publican from the State of South Caro- lowing sequence: Senator MOSELEY- any objection to the request? Without lina, will move past Senator Hayden’s BRAUN—and how much time did the objection, it is so ordered. record. Senator want to take on her amend- The Senator from West Virginia. It is fitting for those of us in the Sen- ment? Mr. BYRD. Mr. President, I thank ate to pay tribute to Senator THUR- Ms. MOSELEY-BRAUN. It was my the Chair. MOND on this occasion. I note that on understanding that I would be allowed Mr. DOMENICI. I thank Senator February 19, 1962, the Senate honored an hour tonight and then some time in BYRD. Senator Hayden when he became the the morning to vote on it. Mr. BYRD. I thank the Senator. first person to have served in Congress Mr. DOMENICI. Do you want the f 50 years. On June 19, 1970, we com- whole hour? That is all I am asking. memorated Senator ’s Ms. MOSELEY-BRAUN. Yes, the SENATOR THURMOND’S becoming the longest-serving Demo- whole hour. MILESTONE cratic leader of the Senate. And on De- Mr. DOMENICI. OK. Following the Mr. BYRD. Mr. President, we are told cember 22, 1995, we similarly celebrated debate on her amendment, at the con- in the Holy Bible that Abraham lived Senator ’s breaking of his par- clusion of the time, that Senator MACK to be 175 years old, that Isaac lived to ty’s leadership record. be recognized to offer a sense-of-the- be 180 years old, that Jacob lived to be It is also fitting for us to recall the Senate resolution regarding the Na- 147 years old, and that Joseph lived to great sweep of American history rep- tional Institutes of Health. be 110 years old. I have consulted Scrip- resented in Senator THURMOND’s long Mr. MACK. That is correct. ture to see if there is any account of political career. And it is indeed a re- Mr. DOMENICI. Does the Senator record with respect to the Senator who markable political career. If one will want to reserve the statutory time of is the senior Senator of this body, just take the time to look at the Con- an hour? STROM THURMOND, and I found that gressional Directory, he will view with Mr. MACK. I have already received nothing had yet been entered in regard astonishment and amazement the po- requests of at least an hour. to that venerable gentleman. litical record of Senator THURMOND. He Mr. DOMENICI. All right. That I rise today to call attention to a won his first election as Edgefield means then we will not resume voting very historic and significant happening County superintendent of schools in until 9 o’clock or slightly thereafter that will occur on this coming Sunday, 1928, when he was 26 years old. Calvin when these matters have been finished. May 25, when the senior Senator from Coolidge then occupied the White We will vote in sequence, first on Sen- South Carolina becomes the longest House, soon to be replaced by Herbert ator MOSELEY-BRAUN’s and then on serving Senator in the history of the Hoover, who was elected President that Senator MACK’s. And we are reserving U.S. Senate. On that day, Senator year. The boom times of the Roaring

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4850 CONGRESSIONAL RECORD — SENATE May 21, 1997 Twenties were soon shattered by the ator THURMOND held the floor, speaking more than STROM THURMOND. I love stock market crash of 1929 and the against the . this country, and of course no one Great Depression that followed. STROM As a Senator who once held the floor loves the United States more than THURMOND and I remember all about for 14 hours and 13 minutes, and I could STROM THURMOND. those things. have held it much longer and probably My senior Senator is the epitome of During the 1930’s, while President would have held it much longer had I Robert E. Lee’s comment that the Franklin D. Roosevelt promoted a New not honored a promise that I made to most sublime word in the English lan- Deal in America, STROM THURMOND the then majority leader Mike Mans- guage is duty. He is the living example served as city and county attorney, a field that I would give up the floor in of that particular admonition. The fact member of the South Carolina State order to let a vote occur, I held the is that he has done his duty here for Senate, and as a circuit judge. The floor for 14 hours and 13 minutes, I can the people of the State of South Caro- United States entered the Second attest that Senator THURMOND’s excep- lina and this country over the many, World War in 1941. And in 1942, STROM tional stamina is quite remarkable. many years because he is the greatest THURMOND volunteered for service in Finally, I shall not allow the occa- disciplinarian I have ever met. He is to- the Army. He was a paratrooper at sion to pass without calling attention tally disciplined with respect, not just Normandy Beach on June 6, 1944, 53 to a historical milestone that would be to his physical being, which has gotten years ago. Returning to civilian life, he set on December 31, 1997, by Senator him 94 years, but more particularly his was elected Governor of South Carolina THURMOND’s colleague from South disciplined service and loyalty to his in 1946, 51 years ago. Two years later, Carolina ERNEST HOLLINGS—we all State and country. he ran as the ‘‘Dixiecrat’’ candidate for know him as FRITZ—who has now I, too, want to recognize on Sunday President of the United States against served 30 years and 5 months as the he will have most deservedly broken the incumbent Democrat, Harry S. junior Senator from his State. Senator the all-time record for length of service in this U.S. Senate. It will not be the Truman. HOLLINGS will then surpass the ‘‘junior- In 1954, during the Presidency of ity’’ record of 31 years and 52 days pre- first time the Senator has broken an Dwight D. Eisenhower, STROM THUR- viously held by Senator John Stennis all time Senate record. We all know he MOND became the first and only person of Mississippi. holds the record for the longest ex- ever to be elected to the U.S. Senate on So we have two Senators from South tended debate. I know others are waiting. They have a write-in vote. Senator THURMOND Carolina who are breaking records very generously yielded to me, so I will took the oath of office on December 24, these days. I salute both of these dis- 1954. Fulfilling a pledge he had made not attempt to break that record now. tinguished Senators. However, I will have more to say about during that first campaign, Senator I am proud to serve on the Armed Senator THURMOND’s record at another THURMOND resigned from the Senate on Services Committee now chaired by , 1956, and ran again for his Sen- time, but I know everyone is interested Senator STROM THURMOND, and I am in hearing from our senior Senator. Let ate seat in the Democratic primary. He proud to sit on the Appropriations me just say, the greatest privilege for won both the primary and the general Committee, where for these many this junior Senator has been to serve election and returned to the Senate on years I have worked at the side of Sen- under this senior Senator for 30-some November 7, 1956. ator HOLLINGS, a very fine Senator, a During his first 10 years in the Sen- years. very active and able Senator. Both of The PRESIDING OFFICER. Under ate, STROM THURMOND was a Democrat. these Senators have contributed great- the previous order the Senator from When I came to the Senate, STROM ly to the service of their country. I sa- South Carolina has the time. THURMOND was a Democrat. I can re- lute these distinguished Senators and Mr. SPECTER. I ask unanimous con- member looking up into the galleries their historical records, and I commend sent I might speak for up to 5 minutes. and seeing the late wife of STROM STROM THURMOND for his lifetime of The PRESIDING OFFICER. Without THURMOND, who died early in her life, public service to his State, to his Na- objection, it is so ordered. relatively speaking. I can remember tion and to the U.S. Senate. The Chair recognizes the Senator coming into the Chamber that day, and The hours are like a string of pearls, from Pennsylvania. seeing STROM on the back row of the The days like diamonds rare, Mr. SPECTER. I wish to add my Senate, I walked up to him and ex- The moments are the threads of gold, voice and tribute to our distinguished pressed my sorrow for the loss of his That bind them for our wear, President pro tempore on his magnifi- wife. So may the years that come to you, Strom, cent record, and comment about how In 1964, during the Presidential cam- Such health and good contain, much I have admired his work as chair- paign between President Lyndon John- That every moment, hour, and day, man of the Judiciary Committee. son and Senator , Sen- Be like a golden chain. When I joined this body after the 1980 ator THURMOND changed his party af- The PRESIDING OFFICER. The elections, a few days after the Novem- filiation to become a Republican. And Chair recognizes the junior Senator ber election, in 1980, I was sitting in he has been credited with devising the from South Carolina. my bed in Philadelphia and the tele- ‘‘Southern Strategy’’ that has so sig- Mr. HOLLINGS. Mr. President, I un- phone rang and that distinguished nificantly reshaped the Republican derstand the agreement has been made. southern voice said, ‘‘This is STROM Party. Mr. BYRD. I may have some time THURMOND calling. I wonder if you In 1981, when Ronald Reagan became and I will be happy to yield to Senator would be willing to vote for me for President and the Republican Party HOLLINGS. President pro tempore.’’ I was really gained the majority in the Senate, Mr. HOLLINGS. I thank the distin- amazed since Senator THURMOND did after 26 years in the minority, Senator guished Senator from West Virginia not need my vote that he would call THURMOND became President pro tem- and the distinguished Chair. and ask for my vote. pore and chairman of the Senate Judi- No one is more qualified to comment While I served with him on the Judi- ciary Committee. Today with Bill Clin- upon the distinguished service of the ciary Committee I found him to be ton in the White House, Senator THUR- senior Senator from South Carolina very wise. One of the comments he MOND is again President pro tempore of than ROBERT BYRD of West Virginia, made soon after I joined the com- the Senate and chairman of the Armed and certainly no one is more eloquent mittee, when a judge was up for con- Services Committee. in this U.S. Senate. I thank him for his firmation, was asking the nominee if Now, to that record of endurance we very generous remarks relative to me, the nominee promised to be courteous. should add one further statistic. In 1957 but more particularly the comments I thought that was sort of a meaning- Senator THURMOND set the record, as relative to Senator THURMOND, because less question until Senator THURMOND yet unbroken, and I imagine it will be he deserves them. followed up after the nominee said yes unbroken for a long, long time, for the I like work, Mr. President, and no by saying, ‘‘The more power a person longest individual speech delivered in one works harder than STROM THUR- has the more courteous that person the Senate, for 24 hours and 18 minutes. MOND. I love the State of South Caro- should be.’’ There is a lot of wisdom in From August 28 to August 29, 1957, Sen- lina, and no one loves South Carolina that

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4851 short statement. Whenever Senator junior Senator in the United States, ished force structure and its aging THURMOND is not present and I am, I but after this term, if he is still here, equipment. Indeed, the administra- make that statement to the nominees. maybe he will get to be the senior Sen- tion’s willingness to employ our mili- During the first 4 years of my term ator. Again, I wish to express to Sen- tary forces in peacekeeping operations here, Senator Howard Baker, the ma- ator HOLLINGS my appreciation for without regard to the adverse effects of jority leader, used to keep us all night, serving with him and working with these deployments has further eroded and on many occasions I would join him. It has been a pleasure to do so, our capability to execute two overlap- STROM for a bowl of soup for about an FRITZ, and I thank you. ping major regional contingencies. De- hour, and I have listened to some of the I wish to thank the able Senator fense funds authorized and appro- most fabulous stories because Senator from Pennsylvania, Senator SPECTER. priated for military readiness, per- THURMOND is a legend, having been When I came to the Senate I watched sonnel and equipment have been de- here when John Kennedy was a Sen- different Senators come and go. When pleted to pay for unbudgeted oper- ator, when Lyndon Johnson was a Sen- Senator SPECTER came I soon recog- ations that have exceeded $15 billion ator. nized that here was a man of unusual since 1993. Furthermore, the unprece- I shall tell one very brief story. After talent, a man of great ability. It has dented personnel tempo from these op- Senator THURMOND ran on the Dixie- been a pleasure to serve with him. He erations has dramatically stressed our crat ticket in 1948, in the Presidential is a great historian. He can tell many military personnel and their families. motorcade Inauguration Day in 1949 stories about different people on dif- The administration’s proposed budg- Senator THURMOND rode in an open car ferent things and amuse you to the ets have neglected the necessary imme- with his wife. Senator THURMOND tells fullest. I deeply appreciate his fine diate investment in force moderniza- a story of when he passed by the re- friendship and thank him for his kind tion, and justified this by projecting viewing stand of President Truman and remarks here today. significant funding increases in the outyears, when the administration Vice President Barkley. Senator THUR- f promised to recapitalize our military MOND stood up, took his hat off and CONCURRENT RESOLUTION ON bowed. And Vice President Barkley forces. Unfortunately, these outyears THE BUDGET never arrived. For 6 straight years, the started to wave to Governor THUR- The Senate continued with the con- administration’s projected increases in MOND. And I shall not tell the whole the modernization accounts did not story, but President Truman pulled sideration of the concurrent resolution. Mr. THURMOND. Mr. President, this materialize. In fact, the amounts re- down Vice President Barkley’s hand budget resolution represents a historic quested for the modernization accounts with a comment, which is a remarkable endeavor by the Congress and the ad- were lower each year than projected by story. ministration. For the first time in 28 the administration in the previous I asked STROM on a number of occa- years, we have agreed on a path de- year. sions if I could be his biographer. He signed to balance the Federal budget In 1995, Republicans gain control of should have a biographer, if he does not by the year 2002. The fiscal irrespon- Congress and passed a budget resolu- take the time to write his own. It is sibility that drove us into a national tion intended to alleviate at least some too bad, on this very busy occasion of debt of more than $5 trillion, with in- of the problems caused by the under- the Senate, that there are not more terest payments amounting to 15 per- funding of the defense budget. Over $18 Senators on the floor to hear the re- cent of our annual Federal budgets, billion was added to the defense budg- markable accolades presented by our was surely leading this Nation toward ets of the 104th Congress. Most of these noted historian and conscience of the a day of economic reckoning with se- funds were directed into the mod- Senate, Senator BYRD, and by the sen- vere consequences. I am delighted that, ernization accounts which had been so ior junior Senator, Senator HOLLINGS, aided by a strong economy, we seem to drastically neglected by this adminis- but I wanted to have my words of ad- be moving toward setting our fiscal tration. miration for Senator THURMOND on this house in order. During negotiations on the recent very auspicious occasion. Despite my enthusiastic support for a budget agreement, I urged our budget The PRESIDING OFFICER. Under balanced budget, I must admit that I negotiators to adopt the congressional the previous order the Chair recognizes remain deeply concerned about the budget resolution for fiscal years 1998 the distinguished Senator from South state of our national security and plans and 1999, since those numbers were Carolina. for funding our defense establishment above the administration’s request. I Mr. THURMOND. I planned to speak in this post-cold-war era. also urged that we accept the adminis- about 10 minutes on defense, but I did When the Clinton administration tration’s request for fiscal years 2000 not know that these wonderful acco- took office in 1993, it immediately through 2002, when the projected spend- lades were going to come up at this began to cut defense spending. Within ing targets were above those in our time. I wish to express my deep appre- the context of the bottom-up review, congressional budget resolution. By ciation to the able Senator from West they cut over $120 billion out of the Fu- agreeing to the administration’s spend- Virginia, who has been minority lead- ture Years Defense Program. Despite ing targets in the outyears, we would, er, majority leader, and every position this severe underfunding of our mili- in effect, capture in the budget agree- the Senate had to offer. I guess no man tary forces, the administration has ment the elusive recapitalization funds in the history of this country has filled shown no reluctance to use them. Mul- for modernization. more important positions in the U.S. tilateral peacekeeping operations This agreement before us today pro- Senate than Senator BYRD of West Vir- under the United Nations became the tects our military forces from unreal- ginia, and he has filled them well. Ev- vogue during the early years of the istic and unwise cuts in defense. I was erything he has undertaken he has Clinton administration. The debacle in encouraged that Secretary Cohen has done it well. I deeply appreciate the Somalia, where 18 American soldiers also supported these more favorable, kind words he said today. were killed in the streets of Mogadishu, higher numbers for defense. We do not I wish to thank my able colleague, awakened the Congress and the Amer- yet know the full impact on the de- Senator HOLLINGS. Senator HOLLINGS ican people to the folly of these poli- fense budget resulting from the budget and I are different parties but we have cies. Despite this concern, less than 2 agreement and possible effects of out- been here a long time together. We re- years later the administration was dis- lay shortfalls in the later years of this spect each other. And I have had the patching U.S. troops to Haiti and then agreement. However, I remain con- opportunity to work with him on many to peackeeping operations in Bosnia. cerned that even the highest levels for matters of various kinds and it has During the first 4 years of the Clinton defense considered in this agreement been a pleasure to do that. We have administration, our military forces may not provide sufficient funds to never had an argument that I recall. were dispatched on more separate de- adequately sustain over time the per- Although we do not always vote alike, ployments than at any other time in sonnel, quality of life, readiness and we hold each other in respect. I wish to our history. modernization programs critical to our thank him for his kind remarks. He is, The tempo of these operations has military services, especially if we con- as someone stated, the longest-serving put tremendous strain on our dimin- tinue to use funds from the defense

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4852 CONGRESSIONAL RECORD — SENATE May 21, 1997 budget to pay for unbudgeted peace- The PRESIDING OFFICER. Without vironment in which we expect our chil- keeping operations. objection, it is so ordered. dren to learn. At no point in our his- Preliminary results emerging from The amendment is as follows: tory has education been more impor- the QDR indicate that the two MRC On page 3, line 3, increase the amount by tant to individual achievement and to strategy will remain essentially un- $1,250,000,000. our national well-being. changed. However, even using the ad- On page 3, line 4, increase the amount by According to a just-published Hudson ministration’s higher funding in the $1,250,000,000. Institute study of the changing Amer- outyears, the QDR recommends force On page 3, line 5, increase the amount by ican work force, ‘‘The crucial factor ac- structure reductions of up to 130,000 $1,250,000,000. counting for long-term success in the On page 3, line 6, increase the amount by work force is a basic education pro- personnel to free minimal funds for es- $1,250,000,000. sential modernization. Key force mod- On page 3, line 11, increase the amount by vided at the primary and secondary ernization programs will also have to $1,250,000,000. levels.’’ be significantly reduced in order to re- On page 3, line 12, increase the amount by The Wall Street Journal recently main within the funding limits of the $1,250,000,000. quoted a leading U.S. economist who administration’s defense program. On page 3, line 13, increase the amount by said, ‘‘One of the few things that I hope that, within the balanced $1,250,000,000. economists will agree upon is the fact On page 3, line 14, increase the amount by that economic growth is very strongly budget agreement, we will provide ade- $1,250,000,000. quately for our men and women in uni- dependent on our own abilities.’’ On page 4, line 4, increase the amount by Mr. President, that is true. form to defend our Nation. It is clear $5,000,000,000. We are putting our Nation’s eco- that we must continue now and in the On page 4, line 12, increase the amount by nomic future at risk by shortchanging future to examine the adequacy of the $1,250,000,000. On page 4, line 13, increase the amount by our kids at schools that are literally funds we allocate to our national secu- falling down around them. Unfortu- rity. At the same time, we must con- $1,250,000,000. On page 4, line 14, increase the amount by nately—and it is an unfortunate fact— tinue to search for ways to improve the $1,250,000,000. many of our schools are not in ade- efficiency and effectiveness of our de- On page 4, line 15, increase the amount by quate physical condition to meet the fense establishment—especially in the $1,250,000,000. educational needs of our children. support structure—so that we can On page 21, line 17, increase the amount by Many of our children attend schools achieve savings to devote to the cut- $5,000,000,000. that are literally falling down around ting edge of our military combat On page 21, line 18, increase the amount by them. forces. $1,250,000,000. The U.S. General Accounting Office, It is gratifying to me, after almost 42 On page 22, line 1, increase the amount by $1,250,000,000. at our request, completed an exhaus- years in the Senate, to see the possi- On page 22, line 9, increase the amount by tive study of the condition of Amer- bility of a balanced budget with ade- $1,250,000,000. ica’s schools. They found that 14 mil- quate funds also provided for our na- On page 22, line 17, increase the amount by lion children every day attend schools tional security. It has been worth $1,250,000,000. in such poor condition that major ren- fighting for. I pledge to continue the On page 40, line 17, reduce the amount by ovation or outright replacement of the fight. $5,000,000,000. schools is needed. Twelve million chil- Mr. President, I yield the floor. On page 41, line 8, reduce the amount by dren every day attend schools with Ms. MOSELEY-BRAUN addressed the $5,000,000,000. leaky roofs. Seven million children Chair. Ms. MOSELEY-BRAUN. Mr. Presi- every day attend schools with life- The PRESIDING OFFICER. Under dent, this amendment provides $5 bil- threatening safety code violations. the previous order, the Senator from Il- lion to create a partnership among all In this, the greatest country in the linois is recognized. levels of government to help States and world, educational environments are in Ms. MOSELEY-BRAUN. Thank you, school districts meet their school re- such bad condition that our children’s Mr. President. pair, renovation, modernization and performance is degraded by them. Our AMENDMENT NO. 336 construction priorities. parents’ generation did better by our (Purpose: To provide $5 billion to create a The point of this amendment is to generation than we are doing for our partnership among all levels of govern- focus Federal resources, and to focus children. And that is why I have sub- ment to help states and school districts our support as a national community mitted this amendment. It is a tragedy meet their school repair, renovation, mod- for rebuilding the schools in our coun- for American children who have to at- ernization, and construction priorities, off- try. Every day, 14 million American tend schools in these conditions. None set by closing tax loopholes; to improve children attend schools that are in of us certainly would consider working the educational environment for the 14 such dilapidated condition, and present in conditions this bad. million children who attend severely dilap- such an unsuitable environment for The problem of crumbling schools is idated schools, the millions of children in one that is not isolated nor limited to overcrowded classrooms, and the 19 million learning, that their ability to access children who are denied access to modern educational opportunity is impaired inner cities, nor to isolated pockets of computers because their schools lack basic and impeded and diminished. rural poverty. The General Accounting electrical wiring; and to generally help So this amendment seeks to address Office, in one of its studies, found that states and school districts bring their the budget resolution that has been 38 percent of urban schools, 30 percent school buildings into the 21st century) agreed upon by allocating $5 billion to of rural schools, and 29 percent of sub- Ms. MOSELEY-BRAUN. I send an the Labor Committee to help school urban schools are falling down around amendment to the desk. districts meet their most urgent school our children. In my State of Illinois alone, it is es- The PRESIDING OFFICER. The repair, renovation, and modernization timated to cost some $13 million to clerk will report. and construction needs. It would allow The assistant legislative clerk read meet the school repair needs. Nation- us to create a partnership among the ally, the GAO has documented $112 bil- as follows: national, State, and local governments The Senator from Illinois [Ms. MOSELEY- lion of renovation needs. to repair our crumbling schools and Clearly this is not a challenge that BRAUN], for herself, and Mr. HARKIN, Mr. help prepare our children for the 21st KENNEDY, Mr. WELLSTONE, Mr. BINGAMAN, the local government and the States Century. Mr. TORRICELLI, Mrs. MURRAY, Mr. JOHNSON, can do by themselves by relying on Mr. GRAHAM, Mr. GLENN, Mr. DORGAN, Mr. This amendment is not specific to local property taxes. KERRY, Mr. REED, Mr. MOYNIHAN, Mr. any school construction plan. It is an I am going to inject a little humor KERREY, Mr. DODD, Mr. CONRAD, and Ms. MI- up-or-down vote on whether or not the because this is a very sobering story. KULSKI, proposes an amendment numbered Senate believes school construction This ought to be a very sobering situa- 336. ought to be a priority. tion. But I want to inject a little Ms. MOSELEY-BRAUN. Mr. Presi- I want to take a moment to talk humor in the debate. dent, I ask unanimous consent that about school construction and why it is A couple of weeks ago Charles Schulz further reading of the amendment be important for us to be engaged as a na- had a series of Peanuts cartoons fea- dispensed with. tional community in support of the en- turing Peppermint Patty’s crumbling

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4853 school. The problem of crumbling going to have to take up, and the tech- than not it would probably affect per- schools has become so widespread that nologies that ought to be tools for formance, and that student will not be even Peppermint Patty’s school has a them to succeed in this global econ- able to be competitive in this global leaky school roof. That is what this omy. marketplace, in this global economy. cartoon is about. I point out that for this generation, Desks, these are desks sitting against In this series of Peanuts cartoons, computers are in many instances the walls that are literally cracking and Peppermint Patty and her friend, functional equivalent of textbooks. We falling in. Marcie, express their frustration over used books. They ought to be able to A set of lockers in a high school: the fact they can’t get anyone to repair use the Net, and they ought to be able Torn in, broken down, dilapidated. the leaking roof. But the most impor- to use the computer technology for That neglect, that kind of disrepair, tant one, I thought, was this last one their education. And, yet, we are deny- did not happen overnight. It happens here when Marcie says to Peppermint ing them even the basic opportunity to because over a period of many, many Patty, ‘‘This is how it is, Mr. Principal. do so by putting them in situations in years, in some cases decades, these Half the kids in our class can’t read the crumbling schools that we see. schools have not had maintenance be- and half can’t multiply 6 by 8. None of I found it very interesting. Today in cause the maintenance was deferred. the them ever heard of Bosnia and the New York Times on the front page Senator PATTY MURRAY addressed this couldn’t tell you who wrote Hamlet.’’ there is an article about tax breaks for issue. As school districts have strug- Peppermint Patty says, ‘‘I talked to schools. This was an article on an en- gled to make ends meet, have struggled the principal.’’ tirely different subject—not entirely, to provide for the educational demands So Marcie says, ‘‘What did he say but a part of the problem of how it is of the system, they have neglected the about the roof leaking?″ that we got to the point of having our infrastructure. And the result is the She said, ‘‘I forgot to mention it.’’ schools literally falling down around crumbling school phenomenon and cri- Mr. President, unfortunately, that us. Interestingly, the little boy in this sis that we see today. has been the case all along. We have picture is going to a school of the arts. This is another school lab. been talking about education and edu- There is a huge hole in the wall in the I point out, Mr. President, this is not cational achievement. We have been school at the stairs that he is going up. just confined to one part of our coun- talking about standards for our kids. You can see it right here, a huge hole try. It is a nationwide problem. In fact, We talk about excellence for our chil- in the wall of the school that he’s at- interestingly, according to the General dren. We talk about education making tending. Mr. President, I would like to Accounting Office reports, it happens our Nation competitive in the global think that this would be the exception more often in the Western States than economy. But we forgot to mention to the rule. Unfortunately, according any other, but all regions of the coun- that they have to go to school to learn to the General Accounting Office, it is try have crumbling schools. But it also it. They have to have an environment not the exception. It is, more often happens in every kind of community in that is suitable for learning. We have than not, the rule. America. It happens in urban school so far and for so long turned our backs Here is another picture that is not districts. The central city school dis- on this problem that, again, according quite as graphic. You can see the peel- tricts experience a 38-percent rate of to the GAO, is going to require $112 bil- ing paint. Our children are attending crumbling schools. The rural districts, lion nationwide to address. That is just schools with asbestos, they are attend- a 30-percent rate. The suburban dis- to provide the . That is just to ing schools with lead paint, they are tricts, suburbia, which every one make up for the years and years of ne- attending schools where the roofs are thinks of as being so well off, in sub- glect. leaking, where the windows are broken, urbia 29 percent of the school systems The GAO also found that many of our where the heating is not adequate, in suburbia have at least one inad- schools are not ready for the 21st cen- where the sewage is not working. In equate building. So this is a problem tury. Again, there is a lot of discussion short, the infrastructure consigns our that we have to face up to as a national on this floor about the information su- children to an environment for learn- community. That is why this amend- perhighway, the information age, and ing that is not suitable and ought to be ment has been offered. the advent of computers and tech- an embarrassment to all of us in this I said earlier, crumbling schools are nology. Fifteen million children every country. not just accidents. They are a predict- day attend schools that lack enough Added to that problem is the fact able result of the way we fund edu- electrical power to fully use computers that too many of our schools are so cation. Overcrowding and deterioration or telecommunications technology in overcrowded that teaching and edu- in the schools will persist as long as we their classrooms. Fifty percent of the cation are difficult. Again, according continue to rely exclusively on the ef- schools in our country lack the nec- to the Department of Education, public forts at the local property tax level to essary electrical wiring to deploy com- high school enrollment is expected to fund school infrastructure improve- puters to the classrooms. increase some 15 percent by the year ments. The local property tax is simply You can’t very well use these tech- 2006. So, just to maintain current class an inadequate way to pay for the nologies if there is not the basic infra- sizes, we will need to build some 6,000 school infrastructure improvements of structure to allow them to be used. new schools by that time. the magnitude that our country is fac- You can’t use a computer if you can’t So the question is, how did we get to ing right now. plug it into an outlet that works. Un- this point? How did we let it get this Poor- and middle-class districts espe- fortunately, it is the case at this time bad? And it is bad. Crumbling schools cially cannot raise enough revenue to in our country that many of our class- are not accidents. Crumbling schools meet their needs. In fact, another one rooms are inadequate to meet the tech- happen because of some policy deci- of the General Accounting Office stud- nological challenges of our time. sions that we have made here in the ies pointed out a perversity that every- So we have two different issues that Congress and in our Nation. That is one should become aware of, and that we have to begin to face up to. One is why this debate, I think, goes to the is that the middle class and poorer the decades of neglect and the fact that heart of the future of elementary and schools tax themselves harder, do more many of our young people are going to secondary education. to raise the funds to provide for their schools that our generation attended. At the outset, I would like to share education systems, than the schools in And they have not had the continuing with whoever is watching, listening to the wealthier districts. So what you maintenance over time to keep them in this debate, some pictures that I have have is the whole notion of ability to decent shape or to keep them from brought out before but I think they are pay for schools turned on its head by crumbling. graphic reminders of what we are up tying educational funding to the local Then we have the secondary chal- against. This would have been a chem- property tax—for, in some instances, lenge of getting these old buildings ret- istry lab, I guess, if you could use it, in laudable reasons. But by not allowing rofitted, or new ones built sufficient to a school. As you can see, there is no for any flexibility in that arrangement, meet the technological changes of the way a student can learn chemistry in what we essentially do is consign mid- information age that this generation is circumstances like this. More often dle-class districts, poor districts, to a

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4854 CONGRESSIONAL RECORD — SENATE May 21, 1997 greater effort in terms of raising the tied to each other at the hip. If any- had more modern track facilities. The money to rebuild their schools and pro- thing, we can look to local govern- youngsters on the track team had to go vide for educational services for their ments to do what they do best, which is there for their practice because the community. And we do not offset that to deal with where the school shall be school building was not adequate. Mr. in any way. and what the schools will teach and President, as Americans, I know we In 35 States, some poor districts have those kinds of issues at the local level; can do better and we absolutely have higher tax rates than wealthier dis- but at the same time, engage support to do better if we are going to preserve tricts, but they raise less revenue be- from the national community, where our Nation’s competitiveness and pre- cause there is less property wealth to we can perform best. We can access serve the quality of life that, as Ameri- tax. It stands to reason. If you have a money easier. We can make it cheaper, cans, we have come to enjoy. poor district with less property tax we can make it available to the States More to the point, if we are in any wealth, the rate has to be higher in so the States can help local school dis- way going to meet the challenge of pro- order to reach the same result as a tricts make those decisions. viding to the next generation of Ameri- more well off area that has the capac- So, we can address this issue. This cans at least as much as what our par- ity and has the property level to begin amendment will engage the local, ents provided to our generation, I be- with. So, for the most part, these dis- State and national resources in ways lieve we have an absolute obligation to tricts across the country have to look that preserve local control but at the step up to the plate and help support elsewhere, above and beyond their own same time maximize cooperation. At State and local governments in meet- property tax base, to help fund edu- the national level, we will help to sup- ing this $112 billion challenge that the cational improvements such as repair- ply the funding. At the State and local GAO has documented. ing the crumbling schools. Unfortu- levels, discussions will be had as to The Children’s Defense Fund writes a nately the General Accounting Office what schools and what features to ad- letter in support. I would like this let- ter to be printed in the RECORD. found that they do not get a whole lot dress. Local control, I believe, will be of help from State governments. In enhanced by deemphasizing reliance on We simply cannot ignore the environment where nearly 52 million children spend so fact, in fiscal year 1994, State govern- the local property tax to help solve a many crucial hours every weekday. ments contributed only $3.5 billion to $112 billion national challenge. Again, recognizing this is a wide- the school infrastructure crisis, in I want, also, to share with the Mem- spread phenomenon that affects all other words about 3 percent of the bers here this evening some of the com- children. total needed. So this model, this school ments from some of the endorsers of As much to the point, in terms of not funding model, does not work for infra- this legislation, because I think it is just affecting their ability to learn, structure, just as it was recognized important to take a look at how it is what do we communicate to our chil- some 50 years ago in this country, that that others who are concerned with dren about the value of education? We it would not work for highways and education see this problem. I have to preach, ‘‘stay in school.’’ We preach, other infrastructure. tell you, I was struck on my travels ‘‘It is important to get an education.’’ Imagine for a moment if we based our around Illinois, examining the crum- Then we send them here. What do we system of road funding on the same bling school phenomenon in my State, tell them? What are we telling our chil- funding model that we use for edu- how many instances I found the teach- dren, when we consign them to envi- cation funding. Imagine if every com- ers and principals in classrooms, people ronments in which no one can be ex- munity by itself, without any outside in the school systems, just making do. pected to function—with leaky roofs help, were responsible for construction If anything, the teachers and the and broken windows and floors that are and maintenance of the roads within school administrators, the people who rotting out from underneath them? I its borders. In all likelihood, with that have been involved with education and think we send them the absolute wrong kind of model, we would have smooth providing educational opportunity to message. We, in this Congress have, I good roads in the wealthy towns, we our children, have had to make do over believe, an absolute obligation to do would have a patchwork of mediocre the last several decades, precisely be- something about it. roads in middle-income towns, and we cause they did not have any options. I have another letter here, which is would have very few roads if any at all I saw schools with children learning, interesting, from the Council of the in the poorer towns. Transportation, not in a classroom, huddling in the Great City Schools. It says: then, would become hostage to the va- hallway. I saw schools in which the The infrastructure needs of America’s garies of wealth and geography, com- basements had been reconverted and schools are complex and varied. Your bill merce and travel would be difficult, cardboard, temporary walls put up to does an excellent job in balancing these and navigation of such a system would separate one class from another. I saw needs, in being flexible in how they are met, and leveraging other funds to expand the not serve the interests of our whole schools in which the computers were as bill’s impact. country. old, almost, as Senator LAUTENBERG’s Again, we are not looking to meet That hypothetical, however, unfortu- computer system. They clearly were so the entirety of the $112 billion chal- nately, describes precisely the state of outmoded and outdated that they were lenge here. We are just taking a first our school funding model. That is how meaningless for the youngsters who step with the $5 billion of assistance we fund schools. We rely on local prop- were trying to use them; one school in which, going to States and local gov- erty taxes to find the money and then which the youngsters could not use the ernments, can give leverage additional the States chip in some. And, at the computers because you had to turn the funds. It is estimated that this legisla- national level, we say it is not our lights off in the entire building to keep tion will allow for States and local gov- problem, it is not our responsibility, it from blowing a fuse when you plugged ernments to leverage 20 billion dollars is a State and local responsibility. I it in. We have computers here at the worth of funding to address this crum- submit it is time for us to rethink that desk. We use computers in our work. bling schools phenomenon. model and develop a new partnership, a Why can’t we provide at least as much This is from the National Association partnership among all levels of govern- for our children? of State Boards of Education. They ment, that will allow us to rebuild and I have to tell you also, some of the say, among other things: modernize our schools for the 21st cen- situations are almost—border on the While our schools are literally falling tury. Just as the national community tragic, with the condition of America’s down, they are also filling up. Total school through the Federal Government sup- schools. There is a school in a part of enrollment, already at a record high, con- ports the highway system, but the my State, and I do not want to embar- tinues to increase. The student population in State and local officials decide which rass anybody by telling the story, but elementary and secondary schools is ex- roads are to be built and where they it is a fact, where the youngsters on pected to rise 20 percent over the next dec- should go, I believe that we can, at the the track team, instead of practicing ade, due to the demographic phenomenon known as the ‘‘baby-boom echo.’’ Over- national level, help finance school in- at the track, because of the dilapidated crowding and the use of temporary portable frastructure improvements while pre- and deteriorated condition of the gym- classrooms have become commonplace serving local control of education. nasium, had to go down the road to across the country. New schools need to be Those two concepts do not have to be practice at the local prison. The prison built to accommodate this growing demand.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4855 And then they say: will provide our youngsters with an en- to do it. But as we do so, it is impor- School construction is a State and local re- vironment in which they can learn. We tant that we not also throw the baby sponsibility and should remain so, but their will provide them with an environment out with the bath water, as it were, combined resources have been overwhelmed that says we value education. By send- that we also not forget that our prior- by the estimated $110 billion required to re- ing our youngsters to these crumbling ities ought to start with providing our pair existing school facilities. Clearly, this is schools, schools that are falling down youngsters with the opportunity and a national problem that deserves national around them, we send a message to our the environment they need in which to attention. Federal involvement is consistent with the Government’s historical role in pro- children that education is not impor- learn. moting educational equity. tant to us, this is not something that is I ask unanimous consent that the se- Again, I would point out this legisla- valuable to us. ries of letters and statements I ref- tion will allow for the kind of flexi- In fact—and I do not mean to be crit- erenced earlier be printed at this point ical—there was a cartoon, another car- bility to allow school districts with in the RECORD. State and local governments to work toon today by Herblock, who is a fa- There being no objection, the mate- with the national Government on be- mous cartoonist, which says, ‘‘I hear rial was ordered to be printed in the half of this initiative. President Clinton wants to spend RECORD, as follows: The American Institute of Architects money to send more people to college— in their letter say: What is College?’’ And then in the back CHILDREN’S DEFENSE FUND, Washington, DC, May 21, 1997. By instituting a cooperative partnership it says ‘‘City School.’’ The doors are falling; the bricks are falling; it is in Hon. CAROL MOSELEY-BRAUN, between the Federal Government and local Senate Hart Building, school districts, the school construction ini- general disrepair. Washington, DC. tiative provides Federal support for local This is the situation we see all over oversight of school repair projects. The re- this country. Obviously, while we sup- DEAR SENATOR MOSELEY-BRAUN: I com- turn on investment for improving the condi- port it, and higher education is impor- mend you on your initiative to restore fund- tion of our schools has many positive divi- ing to the budget agreement for school con- tant, it is not inappropriate for us to struction and renovation. dends as well. recognize that we have the capacity to By upgrading public school facilities in It is clear that the physical condition of urban and rural areas alike, this nation can engage in a partnership with State and many of our nation’s public elementary and renew its commitment not only to a sound local governments to give them the secondary schools is deteriorating. Over 14 public infrastructure but can also ensure help they need. million students attend schools that need that succeeding generations will grow and Flexibility is a very important major renovation or outright replacement. prosper from an academic environment that buzzword around these parts these Some 7 million children attend schools with is second to none. days. Everybody wants arrangements life safety code violations. About 12 million Mr. President, there was a time when to be flexible. Everybody wants the children attend schools with leaky roofs. In we made the investment in our schools. Federal Government to turn things communities in every state, schools are But we have forgotten about them. We over to the States. I think that is won- crumbling and children struggle to learn in unsafe conditions. At the same time, schools forgot about them. Just as Marcie derful, and I have supported that. But are not equipped to use modern technology. pointed out to Peppermint Patty, the at the same time flexibility has to be a The General Accounting Office (GAO) has es- roof leaking was something they forgot two-way street, one in which the State timated that it would cost more than $112 to mention to the school board. and local governments can come to us billion to renovate and upgrade our chil- So among the variety of issues in for help and as a national community dren’s schools. education that we face, I submit that we engage in behalf of our national pri- While in the past school construction and the crisis of our crumbling schools is orities. Clearly, giving our children an renovation have been state and local respon- second to none. Our schoolchildren environment that is suitable for learn- sibilities, given the magnitude of the chal- cannot be expected to learn if their ing ought to be a national priority, and lenge that states and localities face, I be- schools are literally falling down that is why this amendment seeks to lieve that we need a new partnership. Cer- around them. And only by addressing start us on a path toward providing tainly the federal government is not the sole answer. However, a federal role in partner- the repair of these schools, only by pro- this opportunity. ship with states and localities as proposed in viding the kind of assistance that the once said, ‘‘We your amendment makes sense. We simply State and local governments so clearly shape our buildings; thereafter, they cannot ignore the environment where nearly need in this instance will we be able to shape us.’’ 52 million children spend so many crucial meet the challenge and really remedy Well, Mr. President, nowhere is that hours every weekday. the effects of decades of neglect. more important than in the schools. Children need your amendment. If I can The Associated General Contractors The poor condition of America’s provide any assistance to you, please let me statement of policy says, and I would schools has a direct effect on the abil- know. like to raise this as an issue also: ity of our students to learn the kinds Sincerely yours, . As a nation, we have invested $422 billion of skills they will need to compete in in our public schools. Now 74 percent of the 21st century, global economy. Our those schools are more than 25 years old and children cannot compete if they cannot COUNCIL OF THE nearly one-third are more than 50 years old; learn, and they cannot learn if their GREAT CITY SCHOOLS, 14 million children attend schools that need schools are crumbling down around Washington, DC, April 7, 1997. extensive repair or replacement. The General them. So this amendment would ensure Hon. CAROL MOSELEY-BRAUN, U.S. Senate, Accounting Office estimates that 112 billion that school districts around the Nation dollars’ is needed to refurbish our nation’s Washington, DC. schools. The Federal Government does not are provided some assistance—some as- sistance, not a lot; $5 billion out of a DEAR SENATOR MOSELEY-BRAUN: On behalf currently fund school construction. However, of the Council of the Great City Schools, a in light of the staggering needs and the im- $112 billion starting price tag is not a coalition of the nation’s largest urban public portance of education to future generations, lot of money, but it certainly is money school systems, I am writing to give our en- improving the quality of our schools should well spent and will give us the ability thusiastic endorsement for your new school be a national priority. to begin to address this problem that infrastructure initiative, ‘‘The Partnership Mr. President, that is what this has crept up on us. to Rebuild America’s Schools Act’’. amendment calls on the Members of So, Mr. President, I encourage sup- The infrastructure needs of America’s this Senate to do, to make a statement port of the amendment. Again, it schools are complex and varied. Your bill that education, repairing our crum- should not conflict with the objectives does an excellent job in balancing those bling schools, is a national priority, of this balanced budget agreement. If needs, in being flexible in how they are met, that it is something we put value on anything, as the Chair may know, I am and in leveraging other funds to expand the and that we are prepared to step up to a supporter of the balanced budget. I bill’s impact. The measure is also strong in allowing construction, repair and upgrading. the plate and meet the challenge of the supported the balanced budget amend- Finally, the bill does a particularly good job $112 billion worth of need that the Gen- ment. I very much applaud the nego- at targeting scarce federal money to where eral Accounting Office has already doc- tiators for reaching an agreement that the needs are greatest, the nation’s poorest umented. In so doing, as we do so, we reaches balance. I think it makes sense communities.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4856 CONGRESSIONAL RECORD — SENATE May 21, 1997 This proposal, first outlined last summer, extensive repairs or replacement and 60% Mr. JEFFORDS addressed the Chair. is one of the boldest and most helpful initia- have at least one major building deficiency The PRESIDING OFFICER. The Sen- tives ever introduced in the U.S. Senate. It such as cracked foundations, leaky roofs, or ator from Vermont. addresses one of America’s most severe do- crumbling walls. We cannot expect our chil- Mr. JEFFORDS. Mr. President, with mestic needs and does so in a way that has dren to learn much less excel in such de- great reluctance I rise in opposition to real promise for success. Thank you for your crepit and unsafe environments. the amendment. I do so only because, leadership both in calling attention to the NASBE has been concerned about the issue needs in school repair and renovation and in of school construction for some time. In the with the necessities of education, we shaping a program to meet them. fall of 1995 we began a one-year study of the have to establish certain priorities. America’s Great City Schools are resolute condition of school infrastructure. The re- There is no question but that rebuild- in our support of your proposal. And we will sult was a comprehensive report which I ing the infrastructure is an important strongly encourage Congress to support it. have enclosed entitled, Building Our Future: priority. But there are others that at Our children deserve what this bill proposes. Making School Facilities Ready for the 21st this particular time I think have to Again, thank you for your leadership and Century. I commend it for your review. take priority. advocacy. Please let us know if we can be While our schools are literally falling I do appreciate, for instance, in the helpful to you in this critical effort. down, they are also filling up. Total school city of Washington this body, Congress, Sincerely, enrollment, already at a record high, con- MICHAEL CASSERLY, tinues to increase. The student population in has a certain obligation to restore the Executive Director. elementary and secondary schools is ex- schools. That is about $2 billion that pected to rise twenty percent over the next we are going to have to find a way to THE AMERICAN INSTITUTE decade due to the demographic phenomena fund in order to bring this city back to OF ARCHITECTS, known as the ‘‘baby boom echo.’’ Over- where it ought to be. Washington, DC, May 7, 1997. crowding and the use of temporary, ‘‘port- On the other hand, there is some- Hon. CAROL MOSELEY-BRAUN, able’’ classrooms have become commonplace where around $120 billion in infrastruc- U.S. Senate, across the country. New schools need to be ture repairs necessary in this country. Washington, DC. built to accommodate this growing demand. How we get that I do not know. I do DEAR SENATOR MOSELEY-BRAUN: The Amer- School construction is a state and local re- ican Institute of Architects (AIA) wishes to sponsibility, and should remain so, but their know that $5 billion would start it, but commend the sponsors of S. 456, ‘‘The Part- combined resources have been overwhelmed there are other priorities—and I will nership to Rebuild America’s Schools Act of by the estimated $110 billion required to re- tick off a number of those priorities— 1997.’’ In order to adequately meet the chal- pair existing school facilities. Clearly, this for which we could use these resources lenges of the 21st Century, America’s ele- national problem deserves national atten- better. mentary and high school students need a tion. Federal involvement is consistent with First of all, as the body probably modern and safe environment. the government’s historical role in pro- knows, I voted in favor of expanding As the saying goes, ‘‘a picture says a thou- moting educational equity. sand words.’’ Hopefully, the photographs re- the amount of money that will be We applaud both you and President Clinton available by supporting the Hatch-Ken- ceived from various school districts around for your efforts to address this critical situa- the country will convey the urgency for re- tion by proposing a $5 billion federal invest- nedy bill. If that money were available, pairing and modernizing the physical struc- ment to spur school construction, recently it might tend to change my position. ture of our public schools. By initiating a co- introduced as legislation in the Senate and But when I look out there right now, operative partnership between the federal House as S. 456 and H.R. 1104 respectively. our most immediate needs are trying government and local school districts, the NASBE is encouraged by this action and we to get the educational system in order school construction initiative provides fed- look forward to working with congressional to provide the kind of skilled labor we eral support for local oversight of school re- leaders like yourself and Administration of- need in this Nation. That means we pair projects. The return investment for im- ficials in fostering a partnership between proving the condition of our schools has have to change the K through 12 pro- federal, state and local entities to improve grams by professional development in many positive dividends as well. By upgrad- the learning conditions of American chil- ing public school facilities in urban and rural dren. order to give us the math standards we areas alike, this nation can renew its com- Sincerely, need in order to provide the skilled mitment not only to a sound public infra- BRENDA L. WELBURN, labor force. This is going to take a con- structure, but can also ensure that suc- Executive Director. siderable amount of immediate re- ceeding generations will grow and prosper sources. from an academic environment that is sec- [Excerpt from Associated General In addition to that, getting our ond to none. Contractors Statement of Policy] schools up to speed with respect to the The AIA looks forward to working with Congress and other organizations in the INFRASTRUCTURE NEEDS technical aspects of computers and months ahead so that America’s schools Invest in safe schools for our children—As other means of being able to improve have the resources necessary to provide the a nation, we have invested $422 billion in our access to modern technology, to im- quality education our students so richly de- public schools. Now, 74% of those schools are prove the schools, would take about $16 serve. more than 25 years old and nearly one-third billion. In addition to that, it would Sincerely, are more than 50 years old. 14 million stu- take about $8 billion a year to keep RAJ BARR-KUMAR, dents attend schools that need extensive re- them up to snuff. 1997 AIA President. pairs or replacement. The General Account- Another area we have to deal with is ing Office (GAO) estimates that $112 billion higher ed as well. We already know NATIONAL ASSOCIATION OF is needed to refurbish our nation’s schools. STATE BOARDS OF EDUCATION, The federal government does not currently that we have incredible problems in Alexandria, VA, April 10, 1997. fund school construction. However, in light that respect. Most importantly are Hon. CAROL MOSELEY-BRAUN, of the staggering needs and the importance worker training areas. Right now, in U.S. Senate, of education to future generations, improv- order to provide the work force for the Washington, DC. ing the quality of our schools should be a na- future, we have to find ways to, first of DEAR SENATOR MOSELEY-BRAUN: The Na- tional priority. all, provide sufficient additional reme- tional Association of State Boards of Edu- Mr. LAUTENBERG addressed the dial help so that our young people who cation (NASBE) is a private nonprofit asso- Chair. graduate will be ready to go to work in ciation representing state and territorial Ms. MOSELEY-BRAUN. Mr. Presi- boards of education. Our principal objectives skilled labor. We do not have those re- are to strengthen state leadership in edu- dent, I would be happy to yield. I would sources yet. cation policymaking, promote excellence in not like to lose any of my time. We will be passing out a worker the education of all students, advocate The PRESIDING OFFICER. The Sen- training bill, and we will be needing re- equality of access to educational oppor- ator may reserve her time. sources in order to do that. We have tunity, and assure responsible governance of Under the previous order, the Sen- created another huge priority in this public education. ator from Florida has the next amend- Nation, and that is taking the welfare We are writing to express our support for ment. people who are involved in receiving federal assistance in the area of school con- Mr. LAUTENBERG. Is the Senator benefits, to train them and retrain struction. As you are no doubt aware, the de- terioration of America’s school infrastruc- finished? them in order to have jobs. That is in- ture has reached crisis proportions. A Gov- Ms. MOSELEY-BRAUN. Yes. Thank credibly important, and it has to be ernment Accounting Office report found that you, Mr. President. Reserving my time, done. That is going to take other bil- one-third of all U.S. schools are in need of I will yield the floor. lions of resources.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4857 So although I sympathize with the teen million children attend classes in port at least one inadequate building of amendment, I strongly believe the re- buildings that need major repair or any type; 61 percent have at least one sources at this time that we do have renovation. Seven million children go inadequate building feature; 75 percent available would have to be placed in to school in buildings that have safety have at least one unsatisfactory envi- slightly different order than would en- code violations. Sixteen million chil- ronmental factor, such as heating and able us to try to take care of the huge dren study in classrooms without prop- ventilation; and 37 percent have insuf- backlog and which has traditionally er heating, ventilation, or air condi- ficient capability for computers. been accepted as the responsibility by tioning. Nationally, the statistics are equally the State and local governments. For It is nearly impossible to measure compelling. Fourteen million children, those reasons, Mr. President, I oppose the impact that these conditions have in one-third of the Nation’s schools, the amendment. on students’ ability to learn, but there are learning in buildings that need Mr. JOHNSON. Mr. President, I rise is no doubt that the impact is severe. major renovations or should be re- in support of Senator MOSELEY- Clearly, there is much we can do to placed outright. Seven million students BRAUN’s amendment to the Budget improve our existing school building attend schools with safety code viola- Resolution that would provide $5 bil- infrastructure. But that is only part of tions, such as the presence of lead lion for a national school construction the problem. Our Nation is experi- paint, asbestos, or radon in the walls, initiative. I would like to commend encing significant growth in school en- floors, or ceilings. One-third of stu- dents study in classrooms without elec- Senator MOSELEY-BRAUN for her leader- rollment. Estimates are that we will ship on this issue, and I would also like need to build 6,000 new schools by the trical wiring and power outlets to ac- commodate computers and multimedia to thank Senators KENNEDY and HAR- year 2006 if we want to keep class sizes equipment. KIN for their fine efforts to address this the same as they are presently. We should not pass up this oppor- critical problem. This amendment would allocate $5 tunity to repair our Nation’s schools. billion to the House and Senate com- Mr. President, I am pleased to be a While the budget resolution before us cosponsor of this amendment. Crum- mittees of jurisdiction to devise a does include some increases in edu- bling schools are not just an urban school construction and renovation ini- cation funding and provides protection problem. They are a nationwide prob- tiative. We are not mandating a spe- for important education initiatives, lem, and rural areas are no exception. cific approach in this amendment. the agreement’s caps on discretionary In fact, 30 percent of schools in rural Rather, we hope that this $5 billion funding do not guarantee room for the areas report at least one inadequate Federal contribution can be used in school construction initiative. The building feature. partnership with State and local ef- same may also be the case for school A 1996 report by the General Ac- forts to leverage over $20 billion of dol- reform and efforts to improve the re- counting Office found that in my home lars of construction activity nation- cruitment, education, and mentoring of state of South Dakota, 25 percent of wide. An effort of this magnitude teachers, for which the National Com- schools have inadequate plumbing, 21 would benefit our students for genera- mission on Teaching and America’s Fu- percent of schools have roof problems, tions, and I am proud to support this ture report, What Matters Most: 29 percent have ventilation problems, amendment. Teaching for America’s Future, sug- and 21 percent percent of schools are Mr. REED. Mr. President, I rise as a gests almost $5 billion is needed. not meeting safety codes. cosponsor and strong supporter of Sen- I urge my colleagues to support the We have adopted a nationwide goal of ator MOSELEY-BRAUN’s school infra- Moseley-Braun amendment, which trying to connect every school building structure amendment. seeks to make $5 billion available for in the country to the internet. Teach- One of the major problems facing ele- school repair, renovation, and con- ing our children to use new this tech- mentary and secondary education struction. Indeed, this must be a top nology is critical for preparing them today is the poor condition of our priority as we work to provide students for the 21st century. Yet, in my home school buildings. In my home state of a quality education and prepare them state, 22 percent of schools have inad- Rhode Island, many schools are in need for the future. equate electrical wiring. In their of extensive repairs and upgrades. Thank you, Mr. President. present condition, these schools cannot I have visited several of these Mr. LAUTENBERG addressed the accommodate computers in the class- schools, including the Harris Elemen- Chair. room. tary School in Woonsocket which was The PRESIDING OFFICER. The South Dakota’s tribal schools also built in 1876. To put this in perspective, Chair recognizes the Senator from New face very serious facilities problems in 1876 the nation celebrated the cen- Jersey. and major construction backlogs. tennial of the United States; Ruther- Mr. LAUTENBERG. I thank the There are nine federally recognized ford B. Hayes was elected President by Chair. Mr. President, I find myself in a very tribes in South Dakota. At the same one vote; Custer confronted the Sioux difficult position. time, my State has 3 of the 10 poorest at Little Big Horn; Alexander Graham First, I commend the Senator from counties in the nation, all of which are Bell transmitted the first complete Illinois for her interest not only in within reservation boundaries. sentence by voice over wire; Henry school construction, the infrastructure With 56 percent of its people under Heinz put ketchup in a bottle; and Col- for schools, but her view about invest- the age of 24, the native American pop- orado became the 38th State. ments in children, about what it is ulation in this country is dispropor- Sadly, the Harris Elementary going to take to help our society sta- tionately young when compared the School’s library is a small trailer bilize, about what it is going to take to American population overall. This pop- parked in the school’s playground. In avoid criminality and violence that we ulation strains existing school facili- addition, I have received compelling see so freely around our country. She ties. The BIA estimates that there is a footage of the condition of the schools has been a leader on those issues for construction backlog of $680 million in in North Providence, including the Ste- children. She is always discussing what its 185 elementary, secondary and phen Olney School, which has asbestos it is that we have to do to make cer- boarding schools serving Indian chil- in the floors and water damaged class- tain that children will grow up as con- dren on 63 reservations in 23 States. Of rooms, and the Centredale School, tributing adults with a prospect for these schools, 63 percent are over 30 which has leaking classroom ceilings. their own successes. years old; 26 percent are over 50 years These examples and numerous others It is consistent with her views on old. Annual appropriations for BIA across my State and the Nation show what we ought to be doing for the chil- education facilities improvement and the urgent and real need for a school dren in our country to be concerned repair have averaged $37 million annu- construction initiative. A problem of about the schoolhouses they attend. ally, which unfortunately meets only 5 this magnitude demands a Federal re- Senator MOSELEY-BRAUN has made percent of total need. sponse. too many speeches, written so much Nationwide, the statistics are simi- Indeed, a recent General Accounting about what the alternative to incarcer- larly ominous. Crumbling schools are a Office (GAO) report found that in ation and prosecution is, and it is in- problem of enormous magnitude. Four- Rhode Island 29 percent of schools re- vestment in our kids. If there is not a

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4858 CONGRESSIONAL RECORD — SENATE May 21, 1997 particularly identifying view of what about the hazards to the health of the going to lift your spirits to start your we ought to be doing for our children children. Forget about the disruptions day. than a bunch of broken down school- to learning, for the moment—asbestos, With that, Mr. President, I yield the houses, then I would tell you there is lead paint, things that you would not floor and just remind everybody that nothing else. permit your children to be near, to fid- we now have other amendments in I am a member of the Budget Com- dle with if you had any way around it. order and that this amendment will be mittee, the senior Democrat on the So when I think of the amendment voted upon. As I understand it, there is Budget Committee, and as I said, this proposed by the Senator from Illinois, I a UC that allots the remaining time for is a painful point at which I find my- say, yes, it is difficult for me. I am use in the morning. self. We have a consensus budget reso- going to support the amendment that The PRESIDING OFFICER (Mrs. lution. It took a lot of work. I was sur- the Senator is offering in hopes that we HUTCHISON). The Senator is correct. prised, I must say, when I saw the can find some way to finance it. The The Senator from Illinois. agreement in its final form because I amendment, I understand, includes a Ms. MOSELEY-BRAUN. Madam was expecting that there would be source for the funding coming from President, that is correct, and we will some funds reserved for improvement where, may I ask, reduction of tax take this up, again, in the morning as of the school facilities around the cuts? part of the vote. country. I did not think at the time Ms. MOSELEY-BRAUN. That is cor- I just want to say in closing, it is a that the original $5 billion request was rect. It is not specific. It raises the rev- funny thing, reality really does have a held, but I thought it might be some- enue floor by $5 billion. ring about it that is unavoidable, and I don’t think there is anyone in this where in the vicinity of $3 billion, cer- Mr. LAUTENBERG. The Senator is Chamber or anyone who is a Member of tainly not enough to make a dent when on the Finance Committee. this Senate who, if they spent the time we consider that the GAO estimate, as Ms. MOSELEY-BRAUN. That is cor- to go around in their own States and the Senator from Illinois mentioned, is rect. visit the schools there, elementary and that there is $112 billion needed to Mr. LAUTENBERG. She will have secondary schools, will deny the valid- bring our schools up to date. the task of having to find a way to do ity of what the GAO has told us is true. Now, I happen to come from a highly it, because I think that it is probably Everyone knows about the crumbling urbanized State, a State in which we not going to be allowable in the budget school problem, and if you talk to your resolution. have more than a fair share of poverty. constituents or visit schools in your Our cities, and we have many of Ms. MOSELEY-BRAUN. Will the Sen- area, you will find it there. That is them, are among the poorest in the ator from New Jersey yield? This is the what is so stunning about this issue. It country—Newark, Camden, Paterson, book, ‘‘Reducing the Deficit: Spending is not an inner-city issue, it is not a my birthplace, I think is the fifth poor- and Revenue Options.’’ It is kind of a Midwestern issue, it is an American est city in America. I visit my old loophole cookbook, and I am certain issue, and it affects every kind of com- that in the course of the Finance Com- hometown, if I can call it that, on a munity and every kind of child. If, in- mittee’s deliberations that we can find fairly regular basis. It is often said deed, we are going to turn our back and $5 billion here that will make up for here that we do these things, but I hap- say we have other things to do, we are the difference, so that will provide the pen to go to the same barbershop that too busy to get around fixing the win- I have been going to since I was in col- funding stream for this. dow but we want you to meet these I very much appreciate the Senator lege—and that was some years ago— standards, we are not going to help from New Jersey. You have seen the re- and the barber is still cutting. Even if these States meet this $112 billion bur- he misses a few hairs here and there, I alities, you have seen what these chil- den, but we are going to give them all don’t care, but it takes me back to the dren have to live through and live the flexibility in the world, or we are city of my birth. with. You know that they cannot go not going to give the local govern- I have a lot of sentiment attached to into the information age based on the ments—the local communities that are that city because they were hard-work- kind of environment we are providing taxing themselves the most and are ing people, people who were determined them. having the hardest time repairing to have their children succeed and in- Mr. LAUTENBERG. They cannot these crumbling schools. vest whatever they could in terms of even go sometimes to the age of civili- That is what is so compelling to me personal involvement in the develop- zation in some of these facilities. in engaging this new partnership in ment of those kids. School was the No. Ms. MOSELEY-BRAUN. That is cor- which we don’t take over Federal edu- 1 thing. That was always the concern of rect. cational content. No one is looking to the parents. Mr. LAUTENBERG. They are fire- do that. It is appropriate that local I can tell you, I don’t like to admit traps. They are insecure at a time governments deal with what kind of this publicly, but I was a truant one when security is high in the conscious- schools they have and what the chil- day, and it was just my luck my father ness list. So I hope a source can be dren learn, the conditions and the found out. I was never truant again. I found that doesn’t violate the basic teachers and the curriculum and those visited that school just last week be- construction we put into this budget kinds of things. I think that is appro- cause I was helping them establish the resolution. priate. So we are not talking about the connections they needed to get ulti- I commend the Senator from Illinois Federal Government taking over any- mately into the Internet, the schools for her dedication, for her determina- thing, but rather, in this air of flexi- being wired. My old company paid for tion to bring this problem foursquare bility, saying we are prepared to be re- the wiring of the schools in Paterson in front of us and try and solve it. sponsible and give the flexibility and where our company started because my The statistics are so terrible that if help States and local governments partners, like I, came from poor work- you look at them, they begin to lose meet this $112 billion challenge, be- ing-class families. I remember what it their significance: 30 percent of the cause, indeed, our very national secu- was like living that way, not particu- children not having adequate heating rity is at risk. We will not be able to larly enjoying anything but the mem- and ventilating; 24 percent—other stay the greatest country in the world ory of good family life. So we helped to schools without adequate plumbing. in this global economy in the world if get the schools wired in the city. The list goes on. That is just the phys- we send our children to schools where When I was there, I was struck by the ical eyesore that is out there that you even Peppermint Patty gets rained on horrific condition of not that school- would expect to be something resem- in the classroom. house, not that school building in par- bling a decaying factory and not a fa- I thank very much the Senator from ticular, but others in the city, with cility that is being used by youngsters New Jersey. I thank my colleagues. signs of almost war-type devastation, who are trying, with the help of often Madam President, I inquire, how with broken windows and things of inadequate supervision, to try and find much time is remaining on this amend- that nature. some life for themselves that they can ment? I am also, since I was very active on follow and get through. If you walk The PRESIDING OFFICER. The Sen- the environment committee, conscious into a place that is a dump, it is not ator from Illinois has 27 minutes; the

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4859 Senator from New Mexico has 56 min- adopted the Senator’s amendment, I ask my colleague, what is the dif- utes. would be a $5 billion school building ference? If the highways were in this Mr. NICKLES. Will the Senator yield program. That is one program we do kind of condition, clearly there would for a question? not need, and we cannot afford. be a rush to create a partnership so The PRESIDING OFFICER. Does the Schools are the primary function of that we can provide support in order to Senator yield? State and local government, and to support transportation in our Nation. Ms. MOSELEY-BRAUN. Will it come build or rebuild or to figure out which But the schools are in this condition. from my time? schools should be rehabbed, that really And the Senator is suggesting that we Mr. NICKLES. It will come from our should be decided by local and State turn our backs and say it is up to the time. government. That should not be de- States and local governments to do it Ms. MOSELEY-BRAUN. Certainly. cided by Washington, DC. Contingent by themselves. Mr. NICKLES. Does the current law, with that money comes Federal I think the pictures and the debate Davis-Bacon, apply as well? You men- strings, regulations, such as Davis- about this issue demonstrate very tioned flexibility, but would the Bacon. The Federal Government would clearly that they have not been able to schools who do the building or do the be determining what the wage rates do it by themselves, and it has not maintenance also have to comply with would be to comply, to rehab the been through want of trying. It is not Davis-Bacon regulations? school building. Some of those wage as though school districts have delib- Ms. MOSELEY-BRAUN. That is not rates are outlandish in comparison to erately set out to put children in class- addressed specifically in this amend- what is normally paid for schools or for rooms that look like this. It is not as ment. However, Federal contracting other buildings and projects in those though local school boards have not rules would apply, but the States and areas. wanted to vote the money to provide With greatest respect for my col- local governments would have to come for the schools. league from Illinois, I know her inten- forward with their own contracting The Senator from Vermont knows rules. The question has been raised tions are very sincere and I know a lot of schools need to be rehabbed, I know full well that with the District of Co- about Davis-Bacon, to be honest. We lumbia schools you see the condition. don’t yet have, since the funding for- a lot of schools need to be replaced, I know a lot of schools are in pathetic And it is not as though the people here mula has not been worked out in terms in D.C. did not want to make certain of Federal funding of infrastructure shape, but it is not the function or re- sponsibility of the Federal Government the windows were fixed, but they had and State and local funding of infra- other emergencies. That is the exigen- structure— to try and solve all the problems and certainly not the construction of local cies of education they had to meet Mr. NICKLES. But there is no exemp- first: classrooms, textbooks, lighting, tion from Davis-Bacon? schools or the rehab of local schools, which, I might mention, $5 billion the basics, teacher salaries. So the Ms. MOSELEY-BRAUN. No, there is funds have gone to that. And mainte- not. would hardly scratch the surface. Then we would have to have the Federal nance has been deferred time and time Mr. NICKLES addressed the Chair. again. The PRESIDING OFFICER. The Sen- Government determine if the needs in Again, of the 50 percent of the ator from Oklahoma. the hundreds of billions of dollars—how Ms. MOSELEY-BRAUN. I control the is the Federal Government going to de- schools in this country that are over 50 time still. termine who wins and who loses? I years old, in all too many instances The PRESIDING OFFICER. The Sen- imagine you could spend $5 billion for those schools have suffered just about ator from Illinois controls the floor. school renovation in the State of Texas that same amount of neglect and de- Ms. MOSELEY-BRAUN. My under- alone. Quite possibly, I imagine the ferred maintenance. Well, as with standing is the Senator wanted to ask State of Illinois alone. maintenance of anything else, it just a question. So you have all this competition gets worse as the problem gets older. Mr. NICKLES. No, I want to speak on amongst the various schools and States This problem is going to get worse the amendment. for who is going to get this money. and worse over time. And school dis- Ms. MOSELEY-BRAUN. Let me say This is not a function for the Federal tricts have been trying. In fact, one of this, the amendment does not go to Government. The 10th amendment to the reports by the General Accounting those contracting rules, and, again, I the Constitution says all other rights Office talked about the fact that school think the issue of Davis-Bacon and and powers are reserved to the States. districts that have the least try the those arguments which would take up We should certainly leave this one, hardest and that they have been trying school construction and renovation, to all the time in connection with Federal to meet these infrastructure needs, but the States and to the localities, not to highway projects is not a relevant all too often have not been able to. the Federal Government. issue with regard to this effort in be- They cannot go into the capital mar- I yield the floor. kets to borrow money at favorable half of rebuilding crumbling schools. Ms. MOSELEY-BRAUN addressed the Mr. NICKLES addressed the Chair. rates because they do not have the Chair. bond rating. So the result is class- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- rooms that look like this. ator from Oklahoma is recognized. ator from Illinois. Mr. NICKLES. Madam President, I Ms. MOSELEY-BRAUN. Thank you, So I will just suggest to my col- rise in opposition to the amendment, Madam President. In the first place, leagues that this is not in any way and in answer to the question, obvi- what we are talking about fixing are about Washington telling school dis- ously Davis-Bacon applies, because all our Nation’s schools. tricts what classrooms to fix or what Federal contracting dealing with Fed- I think we can have a separate de- schools to rebuild or where to put the eral money would apply. We would bate, a separate vote on the merits of construction effort. In fact, the whole have the Federal Government setting paying workers prevailing wages. But I idea is to have that kind of decision- wage determination rates. So I object would point out to my colleague that making start at the local level and to this amendment for that reason, but some 32 States, many cities and town- start and stay at the local and State also for other reasons. The Federal ships, already have their own pre- level. That is the point of their deci- Government does not have a primary vailing wage laws affecting school con- sionmaking. All we would do as a na- responsibility of trying to build new struction. And frankly, any school dis- tional community is to give financial schools or to rebuild schools. That is trict that is receiving Federal Impact assistance in ways that will allow not a Federal responsibility. Aid funding today is already subject to these local districts to leverage addi- Some people say, ‘‘Well, we need Davis-Bacon. tional money to meet what is clearly more education money, we need more Now, the truth is that Davis-Bacon their local need on the one hand but, in education programs.’’ We have 788 edu- applies to Federal highway construc- the final analysis, is our entire need. cation programs spending $98 billion a tion, and few people argue that the If one community or another cannot year spread all throughout the Govern- Federal Government has no role in afford to provide their youngsters with ment. One that we don’t have, if we highway construction. laboratories in which their youngsters

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4860 CONGRESSIONAL RECORD — SENATE May 21, 1997 can learn chemistry, how can we ex- back to the Senate forthwith with the fol- In the past years, only those that had pect to be competitive in a global econ- lowing amendments: postsecondary education have been omy, in global competition? If a com- Strike the reconciliation instruction for able to stay even with the cost of liv- the Committee on Labor and Human Re- munity cannot afford it and is being sources. ing. And only those with doctorates taxed to the maximum extent, and Adjust the reconciliation instructions for and masters degrees have improved they just do not have the money to ad- the Committee on Finance to reflect an in- their standard of living. dress the basics of the rain coming crease in revenues of $1,057,000,000 for fiscal So it is incredibly important we pro- through the window or the roof leak- year 2002 and $1,792,000,000 for the period of vide the access of our young people to ing, how can we expect these young- fiscal years 1998 through 2002. go to higher education. The postsec- sters to learn, even assuming for a mo- Mr. JEFFORDS. Madam President, ondary, as I referred to it now—we ment there are other program prior- so I do not sound totally inconsistent have given much emphasis on the high- ities that the Federal Government has with the arguments I just made, I er education without keeping in mind traditionally taken up with regard to would let it be known that I intend to the postsecondary training education elementary and secondary education? withdraw my amendment at the con- that is available. Of course, our role has always, as a clusion of my statement. Federal financial aid plays an essen- national community, been limited in I rise today with my good friend from tial role in allowing students from low elementary and secondary education. Indiana, Senator COATS, to offer this and middle income families to attend But even assuming for a moment that motion. What this does is to remove community colleges and universities. there are other priorities, I daresay, it the reconciliation instructions from Thirty-six percent of all students re- should go without argument that ought the budget bill, the reconciliation in- ceive some form of Federal financial to be a priority also. Our kids cannot structions of my own committee. The aid in order to allow them to attend learn, they cannot take advantage of reason for that is that this would re- college. This Federal investment is re- whatever those other priorities are in quire us to reduce the aid for our high- turned many times over in increased schools that are literally falling down er ed students. economic productivity and income in I would remind everyone that last around them. Federal taxes. Without this aid, how- year this body greatly reduced the in- We are going to take a vote on this ever, many of the students would not structions then of some many billions tomorrow morning. There will be some be able to fulfill their dreams to attend of dollars and sent it over to the House. further debate about it tomorrow college. They came back and refused to go morning. I encourage my colleagues to Mr. COATS. Madam President, edu- along. And this body voted 99 to 0 to in- take a close look, to call home, to cation is, for many of us, a top pri- sist upon the Senate’s position. That ority. S. 1, the first bill introduced in check out what is going on in your own resulted in restoring almost all of the States, because this is a problem that, the 105th Congress evidenced that fact. money to the higher ed area. The rhetoric from our President would again, is national in scope, but it par- The only area that my committee, seem to indicate that education was ticularly goes to the well-being and the the Labor and Human Resources Com- also his top priority, yet at this very access to educational opportunity for mittee, has any money that is in the every child in this country. reconciliation area is with respect to moment he is supporting a budget I yield the floor. the higher ed funding of our student which will result in a decrease of $1.8 Mr. JEFFORDS addressed the Chair. loans. The budget agreement as re- billion to student aid programs. I rise The PRESIDING OFFICER. The Sen- cently written cuts the student finan- today to support the Jeffords motion ator from Vermont is recognized. cial aid account by $1.8 billion over 5 which ensures access to educational op- Mr. JEFFORDS. Madam President, I years. I would note that that is sub- portunities for all Americans. would point out that the primary re- stantially lower than last year. We end Since the early 1980’s, the price of sponsibility for this construction lies up, even after all the reductions from going to college has increased at more with the States, and that if we were to about $19 billion down, we still ended than twice the rate of inflation; grow- go on in a new venture to pick up the up with $4 billion. So I commend the ing even more rapidly than the cost of responsibility of reconstructing the Budget Committee for coming back health care. This is the chief reason schools in this country of about $115 to with half of what was required last that a college education is $120 billion, that obviously would cre- year. unaffordable for American families. ate a huge change in our priorities. Our motion would restore these funds Initiatives, such as those included in Mr. JEFFORDS. Madam President, I however and remain budget neutral by S. 1, provide tax relief for families, en- understand that under the unanimous- providing for adjustment on the rev- courage planning for the future consent order, the Moseley-Braun enue side of the agreement. I think it through the use of college savings ac- amendment is now set aside. is important to remind my colleagues counts, and build on already successful The PRESIDING OFFICER. Without of the central importance that student programs, such as Federal student objection, it will be set aside. aid plays in our children’s future. loans and work study. These initiatives Mr. JEFFORDS. Madam President, I The balanced budget agreement is de- deserve our support. Unfortunately, have a motion at the desk. pendent upon increases in working pro- the budget that we are considering The PRESIDING OFFICER. The ductivity and in future economic today will make it virtually impossible order agreed to was to recognize the growth. This growth in turn is depend- to adequately provide these critically Senator from Florida at this time. ent upon the quality and availability of important programs to students and Mr. MACK. Madam President, I have a well-educated work force. their families. no objection to allowing the Senator Let us take a minute to reflect on I encourage my colleagues to join from Vermont to proceed at this point. the facts regarding the economic im- Senator JEFFORDS and I in this firm re- The PRESIDING OFFICER. Without pact, the higher education impact upon solve to protect higher education pro- objection, it is so ordered. Federal aid to student participation. grams, thereby ensuring that all stu- Mr. JEFFORDS. I will be very brief. Participation in higher education is dents have access to post-secondary I thank my good friend from Florida one of the most dramatic predictors of educational opportunities. Access to for allowing me to do this. economic success. higher education is critical and should AMENDMENT NO. 337 As you can see from this chart—the not be compromised in this budget res- Mr. JEFFORDS. I have a motion at chart I would have had but do not olution. the desk. have—that shows dramatically that Mr. JEFFORDS. I would again ask The PRESIDING OFFICER. The the more education you have, the more Members to keep in mind the 99 to 0 clerk will report. economic availability you have. vote which occurred last year that said The legislative clerk read as follows: With a high school degree, your high we should not do anything that im- The Senator from Vermont [Mr. JEFFORDS] range is at $43,000. If you have a bach- pacts in the ability of our students to for himself and Mr. COATS, moves to recom- elor’s degree, it is $73,000. And if you attend higher education. So I will en- mit S. Con. Res. 27 to the Committee on the have a doctorate, it goes well above sure that the reconciliation that we Budget with instructions to report the same that. send, if anything, will make sure that

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4861 it does not in any way hinder the abil- treatments for Acute Lymphoblastic Leu- frankly, that another year cannot pass ity of students to attend higher edu- kemia (ALL). Today, 80 percent of children without this Congress and this Senate cation. diagnosed with Acute Lymphoblastic Leu- making a commitment to doubling the I ask unanimous consent to withdraw kemia are alive and free of the disease after investment at the National Institutes 5 years; and my motion at this time. (13) research sponsored by the National In- of Health. The PRESIDING OFFICER. Without stitutes of Health contributed to the devel- And I say so in recognizing I do this objection, it is so ordered. opment of a new, cost-saving cure for peptic from an emotional perspective because The amendment (No. 337) was with- ulcers. I, like so many others, represent fami- drawn. (b) SENSE OF THE SENATE.—It is the sense lies that have been devastated by dis- Mr. JEFFORDS. I yield the floor. of the Senate that this Resolution assumes ease. In my particular case, I am talk- that— AMENDMENT NO. 315 ing about cancer. Since the last time I (1) appropriations for the National Insti- (Purpose: To express the sense of the Senate spoke on the floor of the Senate about tutes of Health should be increased by 100 this issue I lost another member of my that the Federal commitment to bio- percent over the next 5 fiscal years; and medical research should be doubled over (2) appropriations for the National Insti- family to the disease. I lost my father, the next 5 years) tutes of Health should be increased by who died at the age of 83 with esopha- Mr. MACK. Madam President, I have $2,000,000,000 in fiscal year 1998 over the geal cancer. an amendment at the desk. amount appropriated in fiscal year 1997. I remember at a particular moment The PRESIDING OFFICER. The Mr. MACK. I ask unanimous consent as he was fighting the disease, and I clerk will report. that no second-degree amendments to guess this moment comes for most of The legislative clerk read as follows: this amendment be in order. us, dad realized regardless of all the ad- The Senator from Florida [Mr. MACK], for The PRESIDING OFFICER. Is there vantages and all the breakthroughs himself, Mrs. FEINSTEIN, Mr. KENNEDY, Mr. objection? Without objection, it is so that have taken place with research, FRIST, Mr. D’AMATO, Mr. DEWINE, Mrs. ordered. that frankly nothing more could be BOXER, Ms. COLLINS, Mr. DURBIN, Mr. REID, Mr. MACK. Madam President, I offer done for him. One of the doctors sug- Mr. BREAUX, Mr. SPECTER, Mr. HARKIN, and this amendment on behalf of myself gested what they needed to do next was Mr. DORGAN, proposes an amendment num- and the following Senators: Senators to insert a feeding tube into his stom- bered 315. ach. Dad’s reaction to the doctor was, FEINSTEIN, KENNEDY, FRIST, SPECTER, Mr. MACK. Madam President, I ask ‘‘That’s not going to happen to me. I HARKIN, D’AMATO, DEWINE, BOXER, unanimous consent that further read- have lived a pretty good life. I have COLLINS, DURBIN, REID, BREAUX, and ing of the amendment be dispensed raised eight children,’’ and he said with DORGAN. with. Madam President, let me quickly a little grin, ‘‘They have all done pret- The PRESIDING OFFICER. Without state the amendment is a sense-of-the- ty well. So I look upon my life as one objection, it is so ordered. that has been pretty successful.’’ He Senate resolution. Let me just say to The amendment is as follows: said, ‘‘It’s time for me to die. I’m going my colleagues that I recognize that back home. I’m not going to stay in At the appropriate place, insert the fol- what we are doing here is merely mak- lowing: the hospital. I’m not going to eat any- ing a statement. But I think it is an SEC. . SENSE OF THE SENATE REGARDING THE thing else. I’m not going to drink any- important statement to be made. NATIONAL INSTITUTES OF HEALTH. thing else. It is time for me to die. I ac- This has to do with a sense of the (a) FINDINGS.—Congress finds that— cept that.’’ (1) heart disease was the leading cause of Senate about doubling the investment That was totally different than the death for both men and women in every year in the National Institutes of Health experience that I had with my younger from 1970 to 1993; over the next 5 years. (2) mortality rates for individuals suffering brother who died of melanoma at the It further States that it is our intent age of 35. At that age, I guess it is al- from prostate cancer, skin cancer, and kid- that the investments of the National ney cancer continue to rise; most impossible to give up. You have a (3) the mortality rate for African American Institutes of Health be increased by $2 sense that you have got to fight every women suffering from diabetes is 134 percent billion in this next fiscal year. step of the way. Maybe there will be a higher than the mortality rate of Caucasian I begin my remarks, as I do often discovery made is the sense of what women suffering from diabetes; about this issue, by speaking about my people feel. I can tell you as a member (4) asthma rates for children increased 58 own personal experiences, in essence, of the family, I sure was hopeful, each percent from 1982 to 1992; what motivates me to offer this sense- (5) nearly half of all American women be- day, maybe a new procedure, maybe a of-the-Senate resolution. new experimental drug would come tween the ages of 65 and 75 reported having Before I get into those kinds of per- arthritis; along and save my brother Michael’s (6) AIDS is the leading cause of death for sonal feelings, maybe I ought to share life, who for 12 years, from the age of Americans between the ages of 24 and 44; with my colleagues an experience that 23, on knew that each year could be the (7) the Institute of Medicine has described I had just a few months ago, the last year in which he would lose his life. United States clinical research to be ‘‘in a hearing that the Senate—at least I be- So I say today, Madam President, I state of crisis’’ and the National Academy of lieve it was—the last hearing that the can no longer be kind of quiet about Sciences concluded in 1994 that ‘‘the present Senate held in the 104th Congress. It this issue. I realize I am here today cohort of clinical investigators in not was a hearing that was chaired by Sen- adeuqate’’; speaking about my own personal expe- (8) biomedical research has been shown to ator Hatfield and Senator Cohen, and it riences, but in essence I represent be effective in saving lives and reducing was a hearing to raise the awareness of every family in America. Why are we health care expenditures; the American people about the advan- taking this? Why have we, as a Nation, (9) research sponsored by the National In- tages and the needs of more research said over and over and over again we do stitutes of Health has contributed signifi- dollars. not have the money to invest in this cantly to the first overall reduction in can- General Schwarzkopf was one of kind of research? We are talking about cer death rates since recordkeeping was in- those individuals who testified. He, in $2 billion more in this next fiscal stituted; essence, said that one of these days the (10) research sponsored by the National In- year—$2 billion more, and we are told stitutes of Health has resulted in the identi- American people are going to realize we do not have the money. Now I know fication of genetic mutations for how little we have invested in basic re- how difficult it is going to be to find it. osteoporosis; Lou Gehrig’s Disease, cystic fi- search in health care, in health care re- I do not mean to be underestimating brosis, and Huntington’s Disease; breast, search, health research in this country, that. But if our Nation made the com- skin and prostate cancer; and a variety of how little we have done. He said, in es- mitment to do it we could find the re- other illnesses; sence, when they find that out, they sources to invest $2 billion more at the (11) research sponsored by the National In- are going to be mad as hell and they National Institutes of Health. stitutes of Health has been key to the devel- are going to want something done As I say, my story is a story about opment of Magnetic Resonance Imaging (MRI) and Positron Emission Tomography about it. cancer. I was diagnosed with the same (PET) scanning technologies; I have spent many years now here in cancer that killed my brother, within (12) research sponsored by the National In- the Senate trying to raise the voices of months after I came to the U.S. Sen- stitutes of Health has developed effective concern, and the time has now come, ate. And I would say this, if it had not

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4862 CONGRESSIONAL RECORD — SENATE May 21, 1997 have been for Michael’s death, I prob- of a game he was hit in such a manner offering a resolution early on to double ably would have been the one who died that he is paralyzed from the neck NIH funding over the next 5 years, and because I would not have been sensitive down. He said to the Members at that the resolution tonight, to add $2 billion to the information on the early warn- hearing, to the panel, that his dream to NIH funding. ing signs of the disease. I would have was to be able to hug his mother again I suggest that we need to go a step ignored the mole on my side until someday. You know something, if we beyond the sense-of-the-Senate Resolu- maybe it was too late. All I am saying had listened to that 15 years ago, our tion, and if I might attract the atten- is I do not think we as a Nation should reaction, sure, we would have had the tion of the distinguished manager of ignore the warning signs. compassion and the concern for that this bill, Senator DOMENICI, in sup- You can talk about Parkinson’s dis- young man, but in the back of our porting this sense-of-the-Senate resolu- ease, and many of us have had the op- mind we would have said, but you tion, I wish to point out that the fig- portunity to talk with Morton know there is nothing we can do about ures, while well intended, to express Kondracke or with Joan Samuelson. In it. Well, something dramatically has the views of the Senate, are not bind- my case, a dear friend, Bob changed in America. We no longer be- ing in terms of what will occur. The re- Finkernagle, another dear friend, Pat lieve that there is nothing we can do ality is, of course, that nothing is bind- Hucker, whose wife is suffering with about it. We have seen so much happen ing. The whole budget resolution is, in the disease. There have been tremen- in the field of research that we now be- a sense, the sense of the Senate. Now dous breakthroughs with respect to lieve there are opportunities all across there are some parts which are pro- Parkinson’s disease but there is a lot the board in all different kinds of dis- tected, as Senator DOMENICI has ex- more out there that can be discovered, eases for breakthroughs that will save plained, under an agreement between a lot more that can be done. lives. the congressional leadership and the During these past several years I Today, I had the opportunity to lis- President. Those, however, require the have had the opportunity to speak with ten to a physician by the name of La- confirming by the entire body, and Dr. Varmas, Dr. Klausner, Francis Col- Salle LaFalle, a former President of that may not happen and they are sub- lins, all out at the National Institutes the American Cancer Society. He said, ject to a veto if that does not happen, of Health, and as you listen to them ‘‘When I was trained, I was told that but in the very broad sense we express talk about breakthrough after break- there was no cure for leukemia, that in this budget resolution what we through after breakthrough you cannot everyone died from leukemia. Hodg- would like to see done. Now, at a later point in the budget help but be excited about what the op- kin’s disease, everyone died from Hodg- resolution I will call upon my distin- portunities are for further investments kin’s disease.’’ We know now the cure guished colleague from New Mexico to in medical research. rate of leukemia is around 60 percent, There is a gene known at the P–53 support an amendment which I will and Hodgkin’s disease is 80 percent. offer which will add $1.1 billion to the gene with respect to cancer. Interest- That is a result of the investments we ingly enough, this gene, when it mal- 550 function, which surprisingly has made in basic research. I ask my col- been reduced in the resolution now be- functions, when it is mutated, has been leagues to support this sense-of-the- found in somewhere between 50 percent fore the Senate. Under a freeze, that Senate resolution. figure is set at $25 billion and in the and 80 percent of all cancers. It is a I yield the floor. budget resolution it is at $24.9 billion. tumor suppressor gene and research The PRESIDING OFFICER (Mr. GOR- So, notwithstanding the very impres- scientists all across America and TON). The Senator from Pennsylvania sive presentation made by my col- around the world are, in fact, trying to is recognized. league from Florida, he is talking Mr. SPECTER. I ask my distin- figure out the mechanism. They have about Confederate money. If we are to guished colleague, Senator MACK, who indicated that in their tests in the lab- have real money in order to present oratory that when a P–53 gene that is controls the time, for an allocation of this to the Appropriations Committee, not mutated is placed in with other 10 minutes. in a discussion I have had with the dis- Mr. MACK. I yield 10 minutes to the cells it, in fact, stops the growth of tinguished Senator from Alaska, Sen- those cells. More money needs to be in- Senator from Pennsylvania. ator STEVENS, we are going to have to Mr. SPECTER. Mr. President, I have vested to find out whether P–53 holds a have real dollars put in an offset. As sought recognition to support this key for a cure. much as I would like to see $2 billion as What can be the benefits from more sense-of-the-Senate resolution because suggested by Senator MACK I do not the results of the National Institute of research? One of the things that would know quite how to get there with an Health have been dramatic, really happen is that we would see that the offset, but I think this is admirable. number of people that participate in stunning. We have seen dramatic I suggest to my colleagues that if we clinical trials would go from 2 percent breakthroughs in heart disease, in take four-tenths of 1 percent from dis- to 20 percent. What does that mean to breast cancer, in prostate cancer, in cretionary nondefense, a total of some the average person? Well, it means that ovarian cancer, Alzheimer’s disease, $258 billion, we will have $1.1 billion. some mother or some father or some cystic fibrosis, new generations of That sum of money would enable us to brother, some sister, might have an op- AIDS drugs are reducing the presence have an increase in the NIH budget, portunity to have drugs that are avail- of the AIDS virus in HIV-infected per- something in the neighborhood of $950 able on the market but only through a sons to nearly undetectable levels. million, which would be hard cash and clinical trial. We would increase from 2 With respect to the variety of cancers, something which is really very, very, percent to 20 percent if we were to dou- the death rates have begun a very, very badly needed. ble the investment at NIH. steady decline. Most recently we have When we talk about the number of The number of grants that would be made enormous progress as well in grants provided through NIH, we cur- approved would jump from 25 percent schizophrenia. rently have some 27,000 research to 40 percent. More access to state-of- The accounts on the National Insti- project grants, 878 center grants, near- the-art care, ability for the research tutes of Health have risen consistently ly 15,000 training grants. But even at centers to attract new talent. I could over the past decade and a half. Re- that, only one in four approved grants go on and on. gardless of whether the chairman of are funded. The point here is this, and I will the subcommittee was Senator Now, beyond NIH, we will face in this close my comments at this time, with Weicker, Senator Chiles, Senator HAR- subcommittee LIHEAP, Low-Income another story from that same hearing KIN, or myself, a position which I now Energy Assistance. I know my distin- that I referred to a little bit earlier. hold, we have found the money for guished colleague from New Mexico has There was an individual on that panel very, very substantial increases in the been a leader on mental illness, and he with General Schwarzkopf by the name funding for NIH. Last year we had an will be coming to the markup and will of Travis Roy. Travis Roy is a young increase of some 6.9 percent for a total be making a very valid, very impas- man whose dream it was to play ice of $820 million. The year before, $643 sioned plea, as he has done each year. hockey in Boston, and he succeeded. million. I commend my colleague, Sen- If I could continue to have the atten- Unfortunately, in the first 11 seconds ator MACK, for his leadership in first tion of my colleague from New Mexico,

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4863 each time he as come to me as chair- and put it into some other area. Every years demonstrated a continued strong man—and we have had rotations as to one of these areas under NIH needs support of increased funding for the who is the chairman of which sub- more money. important work that we all know oc- committee—and each time Senator So, Mr. President, I hope that we not curs at the National Institutes of DOMENICI has come to me, I have said, only pass this resolution but then do Health. ‘‘Yes. Pete. Yes, sir.’’ He is right. But if the business of the people, and that we The scientific and medical break- I am to be able to say that as chairman stand up and say, ‘‘Yes, we are going to throughs supported by the NIH in the of the committee, we are going to have allocate the necessary resources.’’ last 50 years have vastly improved our to have some hard dollars. For Senator There was a 4.3-cent-per-gallon raise in capacity to prevent disease, to diag- DOMENICI’s recommendation, I had a the gas tax to help bring the deficit nose disease, and treat human disease. discussion with Senator STEVENS, and down. You ask the American people if I contrast my status as a heart and he said, ‘‘I will follow PETE’S lead, but they wouldn’t take one penny of that— lung transplant surgeon to my father, we are going to have to have more than which is a lot of money on an annual a family physician who practiced medi- a sense-of-the-Senate resolution.’’ basis, well over $1 billion—and use that cine for 50 years, when he started, he I know my distinguished colleague for medical research. You ask them carried around most of the knowledge from New York is standing beside me. whether or not they would be willing that he needed at that time to treat I want to yield the remainder of my to see to it that expenditures that we somebody in his head and most of his time because I think there is going to are making today should not be di- tools in a simple black bag. How far we be a very persuasive argument offered verted to this area. And they would tell have come because of our commitment by my colleague, Senator D’AMATO. you to spend the money for the re- to invest in biomedical research. The PRESIDING OFFICER (Mr. search so we don’t have to go begging As a heart and lung transplant sur- ENZI). The Chair recognizes the Sen- and turning down worthy applications geon, I have had the opportunity to see ator from New York? because we are talking about the lives firsthand the great advances which Who yields time? of our children and future generations. have revolutionized the way we think Mr. MACK addressed the Chair. I yield the floor. I thank my col- about disease. As Americans, we ben- The PRESIDING OFFICER. The Sen- leagues for their patience. efit every day from the highest quality ator from Florida. Mr. MACK. I say to the Chair that I of health care in the world. And it is Mr. MACK. Mr. President, let me say believe the Senator from Pennsylvania vital—it is vital—that we continue to to my friend and colleague from New has three amendments. invest for the long term as well as the York that Senator FRIST was—2 min- Mr. SPECTER. Mr. President, I seek short term in our research efforts to utes? recognition simply to send forward to maintain this high quality. All right. the desk three amendments in accord- The research supported by the NIH Mr. D’AMATO. I will not take a long ance with the pending rule. has resulted in numerous medical ad- time. I thank my colleague from Florida. vances. A whole new industry in the Mr. President, let me just simply say I yield the floor. postwar period has sprung up that sup- this: I support the efforts of my distin- Mr. MACK. I now yield 5 minutes to ports and encourages research. For the guished colleague from Florida. He has Senator FRIST of Tennessee. first time in this postwar period we been instrumental in helping to lead The PRESIDING OFFICER. The Sen- have had mortality rates more affected the way. I remember when we first ap- ator from Tennessee. by chronic disease than infectious dis- propriated money from the defense ac- Mr. FRIST. Mr. President, I am ease. count for breast cancer research. Were pleased to rise in support of the amend- I want to speak, as I see the Senator it not for his persuasiveness on the ment before us just introduced by the from New Mexico here on the floor, floor, I do not know if we would have Senator from Florida which expresses about the Human Genome Project and ever made that historic breakthrough. the sense of the Senate that the Fed- what we have seen. We are poised today That was an amendment offered by eral commitment to biomedical re- to move into a whole new era that we Senator HARKIN and myself. It was search at the National Institutes of couldn’t have imagined 10 years ago really Senator MACK who made a dif- Health is one of the highest priorities where it is critical that we continue to ference in this presentation with his ef- in this year’s budget resolution. This maintain that investment to see these forts. amendment very simply states that potential cures, these new ways to Let me say this: We are missing the Congress should double the appropria- make a diagnosis come to fruition. boat. We are just dreadfully missing tions for the National Institutes of The Human Genome Project is an the boat. Where is our sense of priority Health over the next 5 years and, in the international effort, historic effort, in terms of how we do the business of fiscal year 1998, increase NIH funding with the goal of understanding and de- the people? by $2 billion. ciphering the human genetic code. The I have to tell you something. We I would like to commend my col- project has achieved already hugely should take money from any one of a league, the Senator from Florida, Sen- important milestones in our under- number of sources to see to it that the ator MACK, for his leadership in bring- standing of the molecular basis of dis- NIH is properly funded. What we are ing this amendment forward today to ease and the crucial role that our genes doing today—making scavengers and ensure our commitment short term and play in how we function and how dis- beggars of the best in biomedical re- long term to biomedical research. I was ease is caused. This past year we have search—is just simply wrong, whether an original cosponsor with Senator witnessed the mapping of chromosomal it is for AIDS, whether it is pediatric MACK of similar legislation, Senate locations for genes related to, as re- work, cancer research, breast cancer, Resolution 15, introduced on the first ferred to earlier, an inherited aspect of or prostate cancer. Virtually every day of the 105th Congress, the Bio- Parkinson’s disease as well as a heredi- male in this Chamber is going to get medical Research Commitment Resolu- tary form of prostate cancer, which prostate cancer if they live long tion of 1997, which demonstrated col- was just mentioned by the Senator enough. lectively our commitment to increas- from New York. The tools of this What are we doing to ourselves and ing biomedical research substantially Human Genome Project have led to the to future generations? I suggest that over the next 5 years. isolation of a gene responsible for he- we are mortgaging it by not coming I rise as a member of the Senate reditary hemochromatosis, an iron in forward and allocating resources. I Budget Committee who has struggled our metabolism disorder which causes don’t care if it comes from the gasoline with the effort to balance the budget multiple organ failure which we didn’t tax, the cigarette tax, or from cutting which we will achieve by the year 2002 understand historically. expenditures in other areas. We and at the same time preserve a strong These advances in genetics research couldn’t invest money more prudently role, a vital role, a critical role, in bio- are opening the door to our under- than in this kind of medical research. medical research during the times of standing of the causes of disease and We shouldn’t be juggling funds and obvious fiscal restraint. Historically, giving hope to millions of Americans saying take it from diabetic research Congress has in many ways over the suffering from genetic disorders. We

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4864 CONGRESSIONAL RECORD — SENATE May 21, 1997 will see these treatments and we will Genetics: better identification of in- gator-initiated research by 30 percent, see these cures for some of the most herited mutations which contribute to to capitalize on new ideas and talent devastating diseases. cancer risk; better identification of en- all across the country. This would in- Again, I have to recognize the Sen- vironmental impact of genetic crease research conducted in univer- ator from New Mexico, because it is he mutations. sities and labs. who deservedly has the title of the fa- Now let’s turn to the National Cancer With our aging population growing, ther of the Human Genome Project, for Institute. our research needs will grow. People his wisdom in launching this project in The National Cancer Institute in fis- are living longer. By the year 2000, the the United States of America—the very cal year 1997 can only fund 26 percent number of people aged 75 to 84 will in- person who has spent all day today and of grant applications. NCI funded 32 crease by one-third, to 12.3 million peo- yesterday and will be tomorrow leading percent in 1992. They are down in 4 ple. People over 85, the fastest growing us into a balanced budget by the year years from funding 32 percent to 26 per- segment of our population, will grow 70 2002. The Human Genome Project is a cent of grant applications. percent, to 4.9 million. One-third of success story for Federal investment in General Norman Schwarzkopf, a U.S. health care spending today goes to biomedical research. prostate cancer patient, said: ‘‘During people over age 65. These costs, left In closing, the Human Genome the past decade, Federal funding for unabated, will grow exponentially. The Project is just one example of the cancer research has, after adjusting for rising aged population will tax Medi- many success stories from the National inflation, increased only one percent.’’ care, Medicaid and the health system Institutes of Health. As chairman of Mr. President, 7.4 million Americans overall. the Subcommittee on Public Health have a history of cancer; 1.3 million NIH is working on research to delay and Safety, as a scientist, as someone cases will be diagnosed this year and the diseases and disabilities of aging. who has seen, firsthand at the bedside, 560,000 Americans will die. But we Let me give some examples. Mr. Presi- people die, and who has sat at the bed- spend one tenth of one cent of every dent, 4 million Americans today have side of those whom we can have a cure Federal dollar on cancer research. for if we make that investment today, On May 7, NCI Director Dr. Klausner Alzheimer’s disease, a degenerative dis- I stress the importance of our contin- said NCI could use double its current order that can leave people unable to ued commitment to this investment so funding. How would NCI use additional function on their own. By delaying the that we can reap these benefits. funds? First, experts say they could in- onset of Alzheimer’s for 5 years, we can In this spirit, I urge my colleagues on crease the testing and search for causes save $50 billion annually. both sides of the aisle to support pas- of cancer. Second, more people could Half of all people over age 65 have sage of this amendment in recognition participate in cancer trials. We could symptoms of arthritis. Osteoarthritis that the future of our Nation’s health increase access of eligible adult cancer costs $8 billion annually. By delaying and the future of the health of our chil- patients participating in clinical trials. the onset by 5 years, we can save $4 bil- dren is dependent upon our strong in- Today, only 2 percent of eligible cancer lion. vestment in biomedical research today. patients can participate and we could Hearing loss: 30 percent of adults age Mr. President, I yield my time. increase that to 20 percent. NIH could 65 to 75, and 40 percent of those over 75, The PRESIDING OFFICER. The Sen- increase the number of cancer centers have some degree of hearing impair- ator from Florida. from 55 to 75. Cancer researchers could ment. Delaying the onset by just 5 Mr. MACK. I yield 10 minutes to the improve earlier detection of cancer and years could save $15 billion annually. Senator from California, Senator FEIN- expand studies of environmental risk What is my point? Research is cost ef- STEIN. factors for cancer, as was urged by ex- fective. The PRESIDING OFFICER. The Sen- perts at a recent hearing of our Senate We need more health research be- ator from California. Mrs. FEINSTEIN. I thank the Chair, Cancer Coalition. NCI could monitor cause we have diseases and disorders and I thank the distinguished Senator more people to better understand the for which there is no cure. from Florida for this opportunity. impact of treatment on cancer pa- AIDS has surpassed accidents as the One of my great pleasures in the Sen- tients. Today, NCI can monitor only 10 leading killer of young adults. It is now ate has been to chair the Senate Can- percent of the American population the leading cause of death among cer Coalition with Senator MACK, and with cancer, a sample that is too small. Americans age 25 to 44. in that capacity, we have had four More monitoring can yield more infor- The prevalence of diabetes has stead- hearings. We have listened and heard a mation about the outcome of treat- ily increased over the past 35 years. great deal about cancer. ments. Just pick up Time magazine and you Mr. President, NCI has identified five I think, Mr. President, if you ask the see that asthma rates jumped 58 per- important new research areas that American people two questions about cent, from 1982 to 1992 for children, and could realize the large dividends that Federal spending, in two areas, and if asthma is the leading cause of school are described in NCI’s ‘‘bypass budget.’’ you asked, ‘‘How much do we spend as absences from chronic conditions. What is the bypass budget? The Con- a portion of our budget on foreign oper- 40,000 infants die each year from dev- ations?’’ the American people would gress requested the National Cancer In- stitute to annually identify, in their astating diseases, and 20 million Amer- think it is very high. If you ask them, icans have rare diseases for which ‘‘What do you think we spend on re- professional judgment, their promising scientific unmet needs. there are few effective treatments. search for health?’’ I think they would Seven to ten percent of children are say it is a great deal. In fact, it is less Here is what they are: First, Cancer genetics: Within 5 years, the goal is to learning disabled. than one percent of our budget. The rate of low birth-weight among Today, at the NIH only 28 percent of identify every major human gene pre- African-American children is 13 per- the grant applications are funded. That disposing to cancer. Second, NCI could cent, compared to 6.2 percent for white is down from 30 percent in 1992. We are increase animal models of human can- Americans. One condition that in- doing less. Only 20 percent of new cers that would allow testing in ani- creases the risk of premature delivery grants are funded. mals of early detection, prevention, How would NIH use more funds? They and treatment strategies. Third, NCI is bacterial vaginosis, and African would use the funds in areas that show could improve detection technologies, Americans have a higher rate. scientific promise: to sharpen the sensitivity of tech- So we can alleviate suffering, find Brain disorders: areas such as neural nologies and smaller numbers of tumor treatments, cure diseases, if we have development, neural degeneration, cells. Fourth, NCI could improve devel- the research, if we devote the resources with emphasis on Alzheimer’s disease opmental diagnostics to better under- to it. The irony is that most people, 75 and Parkinson’s disease. stand the difference in and the prop- percent of the people in America, New Therapies: drugs to combat can- erties of tumors, how they change, how would pay higher taxes for this kind of cer and AIDS; bioengineering to repair they respond to treatment and thereby research. damaged tissues; treatments to im- improve the treatments. And fifth, NCI I contend that increased research prove care at the end of life. could increase what is called investi- will reduce health care costs. Let me

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4865 give some examples of annual eco- discoveries. It is a time when we should Alliance for Aging Research has esti- nomic costs. Cancer, $104 billion annu- be nourishing research. This is not the mated that a 5-year delay in the onset ally; heart disease, $128 billion; Alz- time to backslide. I urge my colleagues of Alzheimer’s disease could cut health heimer’s, $100 billion; diabetes, $138 bil- to support the Mack-Feinstein amend- care spending by much as $50 billion lion; mental disorders, $148 billion; ment. I yield the floor and I thank the annually and that a 5-year delay in the stroke, $30 billion. A 5-year delay in Chair. onset of stroke could save our Nation Alzheimer’s—again, $50 million sav- The PRESIDING OFFICER. The time $15 billion a year. ings. Savings in delaying the onset of of the Senator has expired. The Sen- This is no time to put the brakes on stroke would be $15 billion. And a delay ator from Florida. research spending. Rather, we should in the onset of Parkinson’s disease Mr. MACK. I yield 5 minutes to Sen- accelerate our efforts and increase our would save $3 billion annually. ator COLLINS. commitment to medical research that For every $1 spent on measles/ The PRESIDING OFFICER. The Sen- can cure, prevent or delay disease. This mumps/rubella vaccine, $21 is saved. ator from Maine. strategy is especially important as we For diphtheria/tetanus/pertussis vac- Ms. COLLINS. Mr. President, I am move into the next century when our cine, $29 is saved. This is prevention. pleased to be a cosponsor of the sense- public health and disability programs And research can bring us prevention. of-the-Senate resolution offered by my will be increasingly strained by the Hip fractures, common among the el- colleague from Florida, calling for a aging of our population. derly, are a leading cause of nursing doubling of our investment in bio- Finally, the cost of disease and dis- home admissions. They account for one medical research at the National Insti- ability cannot be measured in dollars in every 5 admissions. NIH research tutes of Health over the next 5 years. alone. Only those who have had to care found that estrogen therapy reduces Now, some may question why we are for a father or a husband whose quality osteoporosis and hip fractures. In 1991, calling for such a significant increase of life has been cut short by a stroke 1 year alone, the reduction in fractures in spending as part of a balanced budg- can appreciate how devastating it can in women taking estrogen replacement et agreement. However, I believe that be. Or think of the family whose moth- saved $333 million in these nursing our sense-of-the-Senate resolution is er or grandmother no longer recognizes home admission costs. entirely consistent with the goal of a her own children or grandchildren be- Medicaid and Medicare: 56 percent of balanced budget, because there is no cause of Alzheimer’s disease. nursing home costs are paid by these investment that would yield greater re- These diseases take their toll emo- programs. They total over $44 billion turns for the American taxpayer than tionally as well as financially. They annually. These costs are rising. We all an investment in biomedical research. can dramatically and irretrievably know this from our budget deficit de- Our nation currently spends billions alter the lives of the affected individ- bate. By delaying the onset of chronic of dollars each year, both directly and uals and their families, as Senator aging-related illnesses, spending for indirectly, to treat and care for chronic MACK has so eloquently testified. nursing home care could be cut by $35 diseases. For example, cardiovascular Therefore, I am very pleased to be join- billion. disease costs us $138 billion each year. ing Senator MACK in offering this What is my point? My point is health Alzheimer’s disease costs about $100 sense-of-the-Senate amendment, and I research makes sense for many rea- billion each year, primarily in nursing urge all of my colleagues to join us in sons, but we are not doing as well as we home and other long-term care costs. passing it. could. The scientific community has The PRESIDING OFFICER. The Sen- Strokes result in health care costs of repeatedly pointed out that we are ne- ator from Florida. almost $30 billion annually. And Par- glecting research. The Institute of Mr. MACK. Mr. President, I yield 5 kinson’s disease costs our society Medicine has described U.S. clinical minutes to Senator DURBIN. about $6 billion annually. We basically health research as, ‘‘in a state of cri- The PRESIDING OFFICER. The Sen- have two choices. We can sit back and sis.’’ Without adequate support, we will ator from Illinois. see a serious deficiency of clinical ex- continue to pay the bills and endure Mr. DURBIN. I thank the Chair. I pertise, a reduction in effective clinical the suffering, or we can aggressively thank the Senator from Florida for interventions, increases in human suf- pursue a national strategy aimed at yielding. fering and disability, and increases in preventing, delaying, and even curing I am honored to be a cosponsor on the costs of health care. these devastating and debilitating dis- this resolution. There are so many A June 1995 national survey by Re- eases and conditions. things that we vote for in the Cham- search America found, as I said, that 75 While we are spending billions of dol- bers of the Senate and House, and I percent of the public would pay more lars each year on patient care, as the often wonder what the average person for medical research. This is one of the Senator from California has pointed in the street would do if they were reasons why Senator MACK, Senator out, only 3 cents—3 cents of each faced with casting a yes-or-no vote on D’AMATO, Senator REID, Senator JOHN- health care dollar are currently in- issues we face in the Chamber. SON and I will be proposing a tax vested in medical research. Opportuni- I think I know what they would do checkoff for the IRS form, giving ties for progress in biomedical and re- when it comes to this resolution. If we Americans the opportunity to use a lated health science research have are talking about a substantial in- checkoff to contribute to cancer re- never been better, but currently, we crease in medical research as a major search. This could be an effective pub- are only funding a fraction of the budget priority, I think I know where lic-private partnership. It is one of the promising grant applications sub- the American people would end up on reasons why we are also for a breast mitted to NIH. Moreover, not only are that. They would be supportive. They cancer stamp, which would have 1 addi- the investments in research dispropor- understand, as we do, what is at stake. tional cent, and that 1 cent would go to tionately low compared to the cost of There have been a lot of things said breast cancer research. patient care, but the potential of re- in the Chamber, and I stand behind the Mr. President, 94 percent of Ameri- search to reduce health care costs is statement of the Senator from Cali- cans believe it is important for the vastly under realized. fornia, the Senator from Maine and United States to maintain its role as a The work of Dr. Jonas Salk and his others, and they have recounted the world leader in medical research. We colleagues to produce a vaccine for work that has been done by NIH. I will cannot do it if health research is less serves as a dramatic example of not go on to repeat all those things, than 1 percent of our budget. We can- research as a high-yield investment. the breakthroughs that the National not do it when good grants are turned The lifetime costs of maintaining just Institutes of Health has initiated. down because the funding isn’t there. two children stricken with polio is There are so many in the area of hip Only 3 cents of every health care dollar greater than all of the money —all of fractures, as the Senator from Cali- spent in this country is used for re- the money—ever spent on the research fornia said, breast cancer. The No. 1 search—3 cents. NIH’s budget is less that virtually eliminated the disease. leading cancer cause of death among than 1 percent. The potential for achieving even women is lung cancer from smoking, I made my case. Medical science is on greater savings from health care re- but No. 2 and very serious is breast the cutting edge of many important search is enormous. For example, the cancer.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4866 CONGRESSIONAL RECORD — SENATE May 21, 1997 What is happening at the National eligible research grants. In other come the most common cancer in Cali- Institutes of Health in breakthrough words, there are three or four grants fornia. (American Cancer Society, 1997 research on bone marrow transplant is there that are very promising in med- California Cancer Facts and Figures). giving new hope to women who have ical research that we cannot fund. Based on current U.S. rates, about 19 of learned that they have been diagnosed The PRESIDING OFFICER. The Sen- every 100 men born today will be diag- with breast cancer. That is something ator’s time has expired. nosed with prostate cancer during their that every single husband, every fa- Mr. DURBIN. This resolution offered lifetime, while approximately 4 of ther, everyone can identify with in a by the Senator from Florida, which I every 100 men will die from this dis- family as an important breakthrough. am happy to cosponsor, will provide ease. Diabetes, heart disease, stroke, the the resources for that absolutely essen- In 1997, approximately 24,000 Califor- list goes on and on. But I would like to tial research. nians will be diagnosed with prostate ask my colleagues to think about this I yield back the remainder of my cancer and an estimated 3,500 deaths in a different and more personal con- time. will occur. text. I would daresay that in the next Mrs. BOXER. I rise to support the More funding for cancer research will 12 months some Member of this Senate, Mack amendment which recognizes the make a difference. While there is no someone sitting in the gallery, or importance of funds for the National shortage of good research ideas in the someone listening to this debate will Institutes of Health [NIH] research pro- cancer field overall, the chances for be seated in a doctor’s office or a hos- grams. funding these research opportunities pital when a doctor walks in the room The investment that the American keeps getting worse. and says that either myself or you or a public has made in medical research The overall percentage of approved loved one has been diagnosed with a se- funded by the NIH has been the founda- but unfunded investigator-initiated rious illness. It takes your breath away tion of this Nation’s medical research grants steadily increased from 40 per- to even think that it might happen, enterprise—one of the leading sectors cent in the 1970’s to 85 percent in 1995. and yet we know it happens every day. of our economy. This trend needs to be reversed. You and I and everyone listening pray The NIH supports research at 2,000 This amendment is a step in the to God that the next words out of the colleges, universities, and other sci- right direction. I urge my colleagues to doctor’s mouth are, ‘‘But I have good entific institutions, including the ef- support this amendment and make sure news. There is a promising new ther- forts of more than 50,000 researchers that appropriate levels of funding are apy. There is a new surgery. There is a and their staff throughout the country. invested in research which saves lives. new medicine. We think that we can An NIH appropriations increase of 100 Mr. MACK. Mr. President, I ask conquer this.’’ And your heart starts percent over the next 5 fiscal years and unanimous consent that Senator GOR- beating and you realize you have hope. a $2 billion increase by 1998 will save TON and Senator HUTCHISON of Texas be That is what this is all about. This is millions of lives. added as cosponsors. not about a budget resolution. This is In 1991, NIH launched the Women’s The PRESIDING OFFICER. Without not about numbers on a page. It is Health Initiative, a 15-year study to ex- objection, it is so ordered. about the hope that every family wants amine hormone replacement therapy Mr. MACK. If I could just make a to have when faced with this threat of and its impact on cardiovascular dis- couple of brief comments and then we a serious illness. This investment in ease—the leading cause of death in the will be through. the National Institutes of Health is U.S.; dietary intervention in the pre- Mr. DOMENICI. Sure. money well spent, not just because it vention of breast and colonrectal can- Mr. MACK. As I listened to the dis- can lead to new cures and lead to peo- cer; and vitamin D and calcium in the cussion, and most of you heard me go ple having longer lives and less suf- prevention of osteoporosis and through some of my experiences, I will fering, but let me mention one other colonrectal cancer. never forget the moment that my wife element that I do not know has been Breast Cancer—the most commonly told me she had discovered a lump in spotlighted. diagnosed cancer and the second lead- her breast and the doctor had told her Across America today young men ing cancer killer of American women— that she had cancer. The sense of ter- and women are deciding what to do affects one in eight women in their ror that gripped both of us, the sense of with their lives. We hope that a sub- lifetimes. Federal funding for breast fear that we experienced—and I must stantial number of them will dedicate cancer research and programs has con- say to you, there were a lot of selfish their lives to science, to medical tinued to increase, but this year alone feelings going on inside me. I thought science, and to research. But if they over 180,000 American women will be that I was going to lose my wife, that fear that their education is not going diagnosed with breast cancer. she would die of cancer. That is the re- to lead to a position where they can I want to see the death rate from action most people have when they are get involved in research, they are less more diseases drop. I want to see a told they have cancer. I thought I was likely to do so. When we make a com- commitment in research funds for going to lose her. And so I wonder to mitment to medical research at the ovarian cancer—the silent killer— myself, knowing what we know today, National Institutes of Health, we say about which there is so little known. the breakthroughs that have already to that class of young scientists, men I want to see eradication of diseases taken place in research, what keeps us and women, we have a job waiting for like Scleroderma, a disease most can’t from doubling the investment at NIH? you. We need you and we need your tal- pronounce—but there are more cases of Why will people accept the notion that ent and we need you to stick with it so scleroderma than multiple sclerosis or we cannot do more? that you can live through the satisfac- muscular dystrophy. I just cannot comprehend that. And tion of finding a breakthrough in the In the 25 years since the National so I would ask my colleagues tonight field of medicine and in science. Cancer Act was signed into law, the to support this sense-of-the-Senate res- So it is not just a matter of saving toll taken by cancer continues to rise. olution, recognizing that it is only the those who are ill. It is a matter of en- In 1996, over 1.5 million Americans first step in a long, hard fight to find couraging young people to dedicate were diagnosed with some form of can- the dollars to double the investment in their lives to medical research. And cer and over 550,000 people lost their the National Institutes of Health. that is why the sense-of-the-Senate lives to cancer. This year, the numbers Mr. President, I ask for the yeas and resolution offered by the Senator from will continue to climb. nays. Florida is so critically important. In 1997, approximately 131,920 Califor- The PRESIDING OFFICER. The yeas The National Institutes of Health in nians will be diagnosed as having can- and nays have been requested. 1995 funded approximately 2,140 re- cer. This is the equivalent of almost 15 Is there a sufficient second? There search institutions and over 18,000 in- new cases every hour of every day. Ap- appears to be a sufficient second. vestigators. And yet, if I am not mis- proximately, 53,610 Californians will The yeas and nays were ordered. taken—and I stand to be corrected by die from cancer. Mr. DOMENICI. Mr. President, do I my colleagues here—we are funding Prostate cancer is the most common understand we are finished with the de- about one out of four or one out of five cancer in American men and has be- bate except Senator KENNEDY?

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4867 Mr. MACK. Yes. National Academy of Sciences warned 3 million Americans each year. Victims Mr. KENNEDY. Mr. President, I com- that we have too few clinical investiga- who receive a new clot-dissolving drug mend Senator MACK for introducing tors to conduct the research that is in the first hours after a stroke recover this amendment. He has consistently most needed. more fully and more quickly than fought for the increases at NIH over a In recent years, medical research has other patients. Half of the patients re- long period of time. This makes emi- changed the world we live in, revising ceiving this treatment recover com- nent sense for the reasons he and oth- much of what we know about life, pletely. Other advances have reduced ers have outlined. I hope that his about diseases afflicting citizens of all death from stroke by 59 percent since amendment will be accepted and that ages. It has led to a breathtaking array 1971. we could move ahead on this extraor- of new technologies and therapies Parkinson’s disease affects more dinary opportunity to support break- which have improved the health of than half a million Americans. Doctors throughs in health care, in so many Americans of all ages and walks of life. can now identify the area of the brain different areas affecting so many dif- From vaccines against childhood dis- causing the tremor, and destroy it with ferent families in America. He deserves eases, to treatments for spinal cord in- a procedure that has been successful in great credit, and I am proud and privi- jury, from chemotherapy for cancer to over a thousand patients. Patients re- leged to cosponsor the amendment. medication for mental illness, medical quire fewer physician visits and less Our amendment expresses the sense research is improving the lives, and medication. The treatment reduces the of the Senate that the Federal commit- health of people everywhere. number of falls leading to hip fracture ment to the National Institutes of Since we began to immunize small and the need for hospitalization, nurs- Health should be doubled over the next children with the Hib vaccine, which ing homes, and physical therapy. 5 years, increasing the current NIH was developed by NIH scientists in the Recent research on Alzheimer’s dis- budget of $13 billion to $26 billion by 1970’s and 1980’s, cases of deadly spinal ease suggests that preventing small, si- the year 2002. meningitis have dropped by more than lent strokes can help those at risk This increase is critical to fulfilling 98 percent. Diseases like mumps, delay the onset of the disease. our hope for healthy lives for all Amer- whooping cough, and chickenpox, all Research on the cutting edge of mo- icans. Every family is touched by the common in the past, have dropped to lecular biology, immunology, and neu- scourge of disease. This amendment their lowest levels in history. We are roscience are making advances. In the will be a step toward reducing that on the verge of eradicating polio from early 1980’s, AIDS was virtually un- burden. It is vital to maintaining the the world. treatable. Today, new drugs are main- investment we’ve already made and to Spinal cord injury affects thousands taining health in people with HIV for moving forward to improve the health of Americans, often striking in the longer and longer periods. Biomedical research is cost-effective. of the American people. It can also be prime of active lives. A recent NIH Research costs for the Hib vaccine were a key strategy in our efforts to save study found that a new drug, given about $30 million. Today, the vaccine Medicare. within 8 hours of the injury, improves saves $70 to $150 million a year in di- NIH began in 1887 as a one-room Lab- recovery by 20 percent, and gives pa- rect medical costs. The spinal cord in- oratory of Hygiene. It has grown in the tients greater independence and better jury study cost very little. If the medi- past century into the premier bio- health. cation comes into widespread use, the medical research facility in the world, Chemotherapy for testicular cancer, potential savings are in the billions of for the benefit of literally billions of the most common form of cancer in dollars. Estrogen therapy costs less citizens in this country and of many men aged 15 to 35, can bring a cure rate than a dollar a day; cost savings in other lands. of 60 to 65 percent. money and human suffering are huge. In the 1950’s, NIH research found that Researchers have identified genes We all know that Medicare is one of fluoridated drinking water could pre- linked to certain forms of breast can- the most successful social programs vent dental cavities in children. In the cer, and have developed new treat- ever enacted, but it is threatened today 1960’s, NIH scientists helped crack the ments for colon cancer. Improved de- by demographic changes and the retire- genetic code, beginning the studies tection and treatment methods like ment of the baby boomers that lie that would lead to recombinant DNA these have increased the 5-year sur- ahead. Rather than saving the program technology and gene therapy. In the vival rate for cancer victims to 52 per- by raised premiums of cutting reim- 1970’s, NIH-sponsored research began to cent. The gain since the 1960’s rep- bursements, there may be a better way. unravel the mysteries of the genetic resents over 80,000 additional cancer A Duke University study earlier this origin of cancer. survivors each year. year suggests that a small improve- The promise of new medical research For the first time, we have effective ment in the disability rate among older is boundless. As impressive as the prescription drug treatments for series Americans can bring large cost savings progress of the past has been, it pales mental health conditions, such as for Medicare. The decline in disability in comparison to the opportunities for major depression, bipolar disorder, and that is already occurring is attrib- the future. We stand on the threshold schizophrenia. Many of these medica- utable to research on the diseases of of stunning advances in medicine tions were developed by NIH-supported aging. If we take sensible steps to fix through deeper understanding of the research. Medicare for the short-term, the most fundamental mechanisms of the cell, We are also making progress against effective way to keep it solvent for the through mapping of human genes, other intractable and debilitating dis- long term may well be to maintain and through , and through a eases. Diabetes affects more than 16 strengthen the existing trend toward host of advances that are already on million Americans. Recent research better health for older Americans. The the horizon. has improved treatment and offers the key step in that strategy is support for But instead of moving toward that possibility of a cure. medical research. horizon, we are in danger of standing Research on heart disease has made Continued and expanding investment still. The proportion of worthwhile important advances. Since 1971, deaths in such research will also provide bene- projects that NIH is able to fund has from heart disease have dropped by 41 fits to the larger economy. As advances declined steadily over the past 15 percent. NIH-funded research showed move from the laboratory into the years. Today, they can fund only about that one aspirin a day can reduce early commercial sector, new businesses and one in four such projects. That means, mortality from heart attacks by 23 per- jobs will follow. for example, that in 1996 the NIH had cent, and reduce subsequent nonfatal A recent study at the Massachusetts to turn away about 18,000 applications. heart attacks by almost 50 percent. Institute of Technology found that the Every unfunded application rep- Estrogen therapy in women has been licensing of university inventions—in- resents a missed opportunity. As fund- shown to have a wide range of benefits, cluding biomedical technologies—adds ing sources dry up, the best young including reduced heart disease, $21 billion to the economy and supports minds are discouraged from entering osteoporosis, and Alzheimer’s disease. 200,000 jobs each year. the field of biomedical research. The Dramatic progress is taking place in Doubling the NIH budget will build situation is growing dire. In 1994, the the treatment of stroke, which affects on this progress and help to ensure

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4868 CONGRESSIONAL RECORD — SENATE May 21, 1997 that its potential is achieved. It will advantage of the important oppor- National Institutes Of health of the provide funds to strengthen the re- tunity this amendment presents to ad- United States, the biggest break- search community, encouraging the vance research that benefits all of us— throughs are being made there along best, and brightest of America’s college and especially, all of our children. with the business investment, pharma- graduates to make their careers in sci- Let me highlight just one example of ceutical investment in America. We entific research. This increased support the type of activity that additional are truly at the cutting edge of some will be tangible evidence of Congress’ NIH research could support. Children very significant wellness events. commitment to the health of all Amer- under the age of 21 represent 30 percent Sometime when I have time in the icans. of the population—and yet the NIH de- Chamber, we will talk a little more Some will ask if we can afford to dou- votes only somewhere between 5 and 14 about how the Human Genome Project ble the NIH budget. I would turn the percent of its budget to their needs. got started, for it is an interesting question around to ask if we can afford Just as there has been a recognition in kind of story. I do not intend to do it not to do so. President Charles Vest, of recent years that women and minori- tonight. It is one of the greatest pro- M.I.T. has written, ‘‘Modern medicine ties have been neglected in research ef- grams we have going, and I thank Sen- is born of scientific research and deliv- forts nationwide, there’s a growing ator FRIST for mentioning my name in ered by advanced technology. Its consensus that children deserve more conjunction with its inception. I had a human benefits can be realized only attention than they are getting. bit to do with that. through the wise and caring public pol- Children are not small adults. They Now, if we had any time in opposi- icy of a nation willing to invest in the go through different developmental tion, we yield it back. future.’’ If we can’t afford to do this, stages, they metabolize drugs dif- Has the Senator asked for the yeas we can’t afford the future. The funda- ferently, and they respond to illnesses and nays? The yeas and nays have been mental issue is priorities, and I urge and treatments differently. Children’s requested. The PRESIDING OFFICER. The yeas the Senate to give its strong support to health needs are not only different— and nays have been ordered. There was this bipartisan proposal. they’re often ignored by the private a sufficient second. Mr. DEWINE. Mr. President, I rise in sector. The question is on agreeing to support of Senator MACK’s amendment Federal funding for research—espe- amendment No. 315 offered by the Sen- to double the research budget of the cially medical research—is a funda- ator from Florida. The yeas and nays National Institutes of Health over the mental responsibility of Government. have been ordered. The clerk will call next 5 years and to add $2 billion to Today, the Senate must acknowledge the roll. NIH funding now for fiscal year 1998. I that responsibility and act to enhance The assistant legislative clerk called want to thank the Senator for bringing the ability of NIH to improve the the roll. this amendment to the floor today and health of all Americans. Mr. NICKLES. I announce that the this issue to the attention of our col- Mr. MACK. Mr. President, I ask Senator from New Hampshire [Mr. leagues. unanimous consent to add Senator GREGG] and the Senator from North This level of funding is critical. It’s DOMENICI, Senator GRAMM, and Senator Carolina [Mr. HELMS] are necessarily clearly needed if we’re going to tackle THURMOND as cosponsors. absent. the serious medical problems that The PRESIDING OFFICER. Without I further announce that, if present America faces—including cancer, dia- objection, it is so ordered. and voting, the Senator from North betes, asthma, arthritis, AIDS, and the Does the Senator yield back his Carolina [Mr. HELMS] would each vote need for additional information about time? ‘‘yea.’’ the special medical needs of children. Mr. MACK. Yes, I yield back the re- The PRESIDING OFFICER. Are there Research sponsored by the National mainder of my time. any other Senators in the Chamber Institutes of Health has a proven track Mr. DOMENICI. Mr. President, I who desire to vote? record that has touched the lives of wanted to just alert the Senate, we The result was announced—yeas 98, many Americans. The broad scope of were not quite sure when this vote was nays 0, as follows: its achievements is truly impressive. It going to occur, and I have just spoken [Rollcall Vote No. 78 Leg.] includes the development of new treat- to our leadership office and they would YEAS—98 ments for disease; identification of ge- like to give Senators a little bit of Abraham Faircloth Lugar netic mutations for a varied set of dis- time to get in here. So I wonder if we Akaka Feingold Mack eases; identification of genetic could start this vote at a quarter of. Allard Feinstein McCain mutations for a varied set of diseases; Mr. President, I think what we will Ashcroft Ford McConnell and contributions to the development do, I have a couple of comments, and Baucus Frist Mikulski Bennett Glenn Moseley-Braun of new scanning technologies. These then I think what we will do is go Biden Gorton Moynihan spectacular advances in health could ahead and have the up-or-down vote Bingaman Graham Murkowski not have been achieved but for the and just keep it open for 20 minutes or Bond Gramm Murray Boxer Grams commitment of Federal dollars we more, and that will give Senators who Nickles Breaux Grassley Reed Brownback Hagel make to the NIH. are en route a chance to get here. I Reid Bryan Harkin And let us be clear on this. The re- think that will be all right. Robb Bumpers Hatch Roberts turns on the public investment in bio- Mr. President, I compliment Senator Burns Hollings Rockefeller medical research have been impressive. MACK on the sense-of-the-Senate reso- Byrd Hutchinson Roth Campbell Hutchison Not only have we won Nobel prizes and lution, but I would be remiss if I did Santorum built on decades of basic research, we not congratulate the Congress on what Chafee Inhofe Cleland Inouye Sarbanes have contributed to our national eco- it has already done for the National In- Coats Jeffords Sessions nomic growth. Our investments have stitutes of Health. Cochran Johnson Shelby Yes, we should do more. But last year Collins Kempthorne Smith (NH) given life to America’s biotechnology Smith (OR) we gave the National Institutes of Conrad Kennedy industry. Some have estimated that Coverdell Kerrey Snowe revenues in this industry will approach Health a 7 percent increase. This year, Craig Kerry Specter $50 billion annually by the year 2000 if all goes as planned, they will get a D’Amato Kohl Stevens Daschle Kyl Thomas and create as many as 500,000 new jobs. 31⁄2 percent increase. DeWine Landrieu Thompson I am supporting this effort because I Now, the National Institutes of Dodd Lautenberg Thurmond believe it reflects a commitment to Health this year under the new plan Domenici Leahy Torricelli substantially strengthen our priorities will be a $13.1 billion enterprise, so it is Dorgan Levin Warner toward biomedical research. We cannot not like we are not doing something Durbin Lieberman Wellstone Enzi Lott Wyden rest on our laurels. We must work to significant. And while I believe that a improve the health of our citizens. I sense-of-the-Senate saying we should NOT VOTING—2 also want to make a personal commit- do more, if we can, makes good sense, Gregg Helms ment to work with my colleagues there let me suggest that the greatest health The amendment (No. 315) was agreed in Congress and with the NIH to make science in the world is going on at the to.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4869 Mr. LAUTENBERG. I move to recon- ing SSI during their redetermination the rolls. During the recertification pe- sider the vote and move to lay that period. Under the current budget agree- riod, no elderly legal immigrant would motion on the table. ment, all elderly would be cut off of be receiving SSI. How will they survive The motion to lay on the table was SSI as of October 1, 1997. for 6 months? They will mostly become agreed to. I want to acknowledge the leadership homeless or fall onto County General Several Senators addressed the of the bill managers on both sides for Assistance rolls. Chair. their recognition of the devastating The impact of the SSI ban for elderly The PRESIDING OFFICER. The impact this budget agreement has on legal immigrants will be devastating Chair recognizes the Senator from New over 400,000 elderly legal immigrants, and immediate, especially in the high Mexico. and encouraging the Senate to provide immigrant States. Mr. DOMENICI. Mr. President, I am an important interim provision. In California, 163,900 elderly legal im- sorry that I have to inconvenience a While I support the budget resolu- migrants may lose their SSI. couple of people that are waiting tion’s broad budget balancing frame- In New York, 65,340 elderly legal im- around, particularly my good friend, work, I have expressed over and over migrants may lose their SSI. the chairman, but I have to get a little again, my deep concerns over its fail- In Texas, 32,640 elderly legal immi- business done, if I can. ure to restore SSI for over 400,000 elder- grants may lose their SSI. I have some amendments that have ly legal immigrants, 30 percent of In Florida, 44,310 elderly legal immi- been cleared on both sides. I would like which are over the age of 75 and who grants may lose their SSI. to send them to the desk with the at- will be cut off from SSI as of October 1, In Illinois, 13,360 elderly legal immi- tendant statements, whatever they are. 1997. grants may lose their SSI. AMENDMENT NO. 341 The current budget agreement, falls In Massachusetts, 13,410 elderly legal (Purpose: To express the sense of the Senate short of what is needed to keep the el- immigrants may lose their SSI. derly immigrants from losing their life that certain elderly legal aliens should Come October 1, 1997, we will see hun- supporting benefits. continue to receive benefits during a rede- dreds of thousands of elderly legal im- The Budget Agreement provides: termination transition period) migrants, of which 30 percent are over SSI benefits for disabled legal immi- Mr. DOMENICI. Mr. President, I send 75 years old, and who may also be dis- grants who are disabled and were in the an amendment to the desk on behalf of abled, thrown out into the streets and country as of August 22, 1996. Senator FEINSTEIN, and others. I be- homeless. lieve the amendment is a good amend- SSI benefits for those who became disabled and got on the rolls between Under the Budget Agreement, 137,728 ment. It is a sense-of-the-Senate or 34 percent of elderly legal immi- amendment regarding the elderly dis- August 22, 1996 to June 1, 1997. The budget agreement bans: grants nationwide will lose their SSI abled and the SSI program. permanently because they will not be The PRESIDING OFFICER. The SSI for most elderly legal immi- grants, even those elderly immigrants able to qualify as disabled; 55,726 elder- clerk will report the amendment. ly legal immigrants in California will The legislative clerk read as follows: who rely on SSI for survival. Food Stamps for most legal immi- lose their SSI; 22,215 elderly legal im- The Senator from New Mexico [Mr. DOMEN- grants. migrants in New York will lose their ICI] for Mrs. FEINSTEIN, for herself, Mr. SSI; 11,076 elderly legal immigrants in CHAFEE, Mr. DOMENICI, Mr. LAUTENBERG, Although restoring SSI for the dis- Texas will lose their SSI; 15,065 elderly Mrs. BOXER, Mr. D’AMATO, Mr. DEWINE and abled is an important first step to a Mr. KENNEDY, proposes an amendment num- major flaw in the Welfare Reform bill legal immigrants in Florida will lose bered 341. passed by Congress last year, the elder- their SSI; 4,542 elderly legal immi- Mr. DOMENICI. Mr. President, I ask ly legal immigrants who depend on SSI grants in Illinois will lose their SSI; unanimous consent that further read- will still lose their benefits under the and 4,425 elderly legal immigrants in ing of the amendment be dispensed agreement. Massachusetts will lose their SSI. with. Under the current agreement, an 83- The alternatives for these elderly The PRESIDING OFFICER. Without year-old woman with no family, who legal immigrants are bleak—if they do objection, it is so ordered. speaks little or no English, will be just not have family who can care for them, The amendment is as follows: as homeless as one who is disabled they either end up in a homeless shel- ter or end up on County General Assist- At the appropriate place, insert the fol- when she loses her SSI benefits. What lowing: is she supposed to do, get a job? ance rolls. OHN HAFEE SEC. . SENSE OF THE SENATE REGARDING CER- Under Welfare Reform, approxi- Senator J C and I have pre- TAIN ELDERLY LEGAL ALIENS. mately 725,000 elderly, blind, and dis- viously introduced a bill that would re- It is the sense of the Senate that the provi- abled legal immigrants could lose SSI store SSI benefits to all elderly, blind sions of this resolution assume that: benefits on August 22 of this year. or disabled legal immigrants who were (1) the Committee on Finance will include Under the budget agreement: 42.5 per- receiving SSI prior to the passage of in its recommendations to the Committee on cent or 307,630 disabled legal immi- the welfare reform bill. We propose the Budget of the Senate changes in laws grants who were receiving SSI as of the that no current recipient should be within the jurisdiction of the Committee on thrown off from their SSI benefits. We Finance that allow certain elderly, legal im- date of enactment of the Welfare Bill migrants who will cease to receive benefits would continue receiving SSI. How- agree that for those coming into the under the supplemental security income pro- ever, for 417,360 or 57.5 percent of elder- country after the enactment date, we gram as a result of the Personal Responsi- ly legal immigrants who are currently ban SSI and require instead, the spon- bility and Work Opportunity Reconciliation receiving SSI would be cut off as of Oc- sors to be responsible for their family Act of 1996 (Public Law 104–193; 110 stat. 2105) tober 1, 1997. members. to continue to receive benefits during a rede- The President estimates that 66 per- I believe that this is a responsible ac- termination or reapplication period to deter- tion that must be taken by Congress to mine if such aliens would qualify for such cent of the elderly legal immigrants benefits on the basis of being disabled. who will be cut off from SSI initially correct a serious flaw in the welfare (2) the Committee on Finance in devel- could be recertified under the disabled bill. oping these recommendations should offset category. Allowing the elderly to continue re- the additional cost of this proposal out of However, due to what I believe is an ceiving their SSI until they can be re- other programs within the jurisdiction of unintended mistake, even those elderly certified is the first step but not the Committee on Finance. legal immigrants who are also disabled final solution. The final solution is to Mrs. FEINSTEIN. Mr. President, I, would be cut off from SSI on October 1, provide for all elderly and disabled along with Senators DOMENICI, LAUTEN- 1997. The elderly would become eligible legal immigrants who were on SSI as of BERG, BOXER, CHAFEE, DEWINE, for SSI only if they requalify after the August 22, 1996, to continue receiving D’AMATO, and KENNEDY am offering the cutoff. their SSI. sense of the Senate that would require CBO estimates that it would take 6 As we go forward in the budget rec- the Finance Committee to allow elder- months or longer to rectify all the el- onciliation process and final passage of ly legal immigrants to continue receiv- derly legal immigrants currently on the fiscal year 1998 budget, I urge my

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4870 CONGRESSIONAL RECORD — SENATE May 21, 1997 colleagues to support the Chafee-Fein- fair, particularly to those elderly or the Finance Committee toward a more stein provision that protects the elder- disabled legal immigrants who were re- comprehensive solution. ly legal immigrants who were getting lying on those critical benefits at the Mr. KENNEDY. Mr. President, I am SSI at the date of enactment. time. It seems an increasing number of pleased to cosponsor this amendment Mr. President, I ask unanimous con- Senators and Representatives agree. and commend my colleagues for bring- sent that an SSA table be printed in Therefore, this year Congress is consid- ing this important issue before the the RECORD. ering proposals to revise the legal im- Senate. There being no objection, the table migrant SSI restrictions. We have discovered an unintended was ordered to be printed in the The particular proposal suggested by gap in the budget agreement with re- RECORD, as follows: the budget resolution addresses immi- gard to SSI coverage for disabled im- grants’ plight by exempting from the migrants. If this budget agreement is TABLE 3.—NUMBER OF ALIENS RECEIVING SSI PAYMENTS SSI ban those who are disabled and adopted, elderly immigrants dependent BY ELIGIBILITY CATEGORY AND STATE, DECEMBER 1996 who were in the country when the bill on SSI assistance who are also disabled State Total Aged Disabled was signed. While that is an important will continue to receive that assist- step toward fairness, it would mean ance. However, the Social Security Ad- Total ...... 724,990 417,360 307,630 that legal immigrants who are elderly, ministration states that it may take 6 Alabama ...... 480 370 110 but not disabled, would be left out, and months for the agency to review the Alaska ...... 750 390 360 Arizona ...... 7,650 3,900 3,750 would lose their SSI benefits. current SSI caseload and make that de- Arkansas ...... 340 190 150 If this proposal were enacted, the So- termination. In the meantime, many California ...... 293,180 163,900 129,280 cial Security Administration would Colorado ...... 5,140 2,740 2,400 elderly immigrants will lose their as- Connecticut ...... 4,370 2,700 1,670 need to re-evaluate all the elderly SSI sistance, only to requalify later on the Delaware ...... 330 200 130 recipients to determine how many District of Columbia ...... 860 530 330 basis of their disability. Florida ...... 69,710 44,310 25,400 would requalify as disabled. That proc- Clearly, this was not intended under Georgia ...... 4,570 3,930 1,640 ess would take perhaps 6 months. The Hawaii ...... 3,770 2,850 920 the budget agreement, and I commend Idaho ...... 410 220 190 question then would become the fate of Senator DOMENICI, Senator LAUTEN- Illinois ...... 23,980 13,360 9,620 these elderly recipients during the re- Indiana ...... 1,080 730 350 BERG, Senator CHAFEE, Senator FEIN- Iowa ...... 1,170 600 570 determination time. Would they be STEIN, and my other colleagues for Kansas ...... 1,500 700 800 dropped from the program during those Kentucky ...... 720 380 340 their commitment to resolve this prob- Louisiana ...... 2,500 1,430 1070 six months, and then be reinstated lem and cover this gap. Maine ...... 540 200 340 later if they requalified? Or would they I also join many of my colleagues in Maryland ...... 7,800 5,970 1,830 Massachusetts ...... 23,980 13,410 10,570 be allowed to continue on the program expressing my hope that more can be Michigan ...... 7,350 4,060 3,290 until it was clear whether or not they done. As we proceed with legislation to Minnesota ...... 6,640 2,340 4,300 Mississippi ...... 440 230 220 would requalify? implement this agreement, I hope that Missouri ...... 1,900 1,030 770 Senators FEINSTEIN, D’AMATO, we can find ways to ensure that immi- Montana ...... 150 (1) (1) Nebraska ...... 720 340 380 DEWINE, and I believe that in that situ- grants who fall on hard times and have Nevada ...... 2,370 1,590 780 ation, it makes absolutely no sense to no sponsors to fall back on can still get New Hampshire ...... 350 200 150 New Jersey ...... 22,140 14,580 7,560 kick elderly recipients off of SSI dur- help. I am particularly concerned New Mexico ...... 3,350 1,530 1,820 ing the redetermination period, only to about elderly immigrants and immi- New York ...... 113,900 65,340 48,560 North Carolina ...... 2,600 1,590 1,010 reinstate many of them at a later date. grant children. North Dakota ...... 180 (1) (1) However, as written, the budget resolu- So I commend my colleagues for Ohio ...... 5,340 3,380 1,960 Oklahoma ...... 1,340 880 460 tion is silent on this point. Therefore, their leaderhip in bringing this amend- Oregon ...... 4,260 2,200 2,060 we worked with Senator DOMENICI to ment before the Senate. We have made Pennsylvania ...... 11,340 6,470 4,870 Rhode Island ...... 3,440 1,700 1,740 clarify this issue. The amendment be- progress in restoring assistance to im- South Carolina ...... 580 420 160 fore us would ensure that elderly re- migrants under this budget agreement, South Dakota ...... 200 (1) (1) Tennessee ...... 1,380 850 530 cipients would be allowed to continue and I look forward to working with Texas ...... 54,760 32,640 22,120 to receive this critical SSI assistance them on this important issue in the Utah ...... 1,420 700 720 Vermont ...... 150 (1) (1) during the time it would take to rede- days ahead. Virginia ...... 6,780 5,150 1,630 termine their status. Mr. DOMENICI. I have no objection Washington ...... 13,160 5,920 7,240 West Virginia ...... 190 (1) (1) This clarification makes sure that to the amendment. Wisconsin ...... 4,790 1,800 2,990 should the proposal in the budget reso- Mr. LAUTENBERG. We have no ob- Wyoming ...... (1) (1) (1) lution be enacted, elderly legal immi- jection here, Mr. President. 1 Relative sampling error too large for presentation of estimates. grants will be treated with compassion The PRESIDING OFFICER. The Source: SSI 10-Percent Sample File, December 1996. and not subjected to the sudden and question is on agreeing to the amend- Mr. CHAFEE. Mr. President, I want perhaps unwarranted loss of basic as- ment. Without objection, it is so or- to thank the distinguished chairman sistance. dered. The amendment is agreed to. and ranking member of the Budget Mr. President, I want to point out The amendment (No. 341) was agreed Committee for their help on this that the proposal suggested by the to. amendment. budget resolution is an important one, Mr. DOMENICI. I move to reconsider The amendment before the Senate but it is just one of the many that the the vote. addresses the treatment of poor, elder- Finance Committee may consider dur- Mr. LAUTENBERG. I move to lay ly legal immigrants who are dependent ing the upcoming reconciliation proc- that motion on the table. on SSI benefits. SSI is a Federal pro- ess. As I mentioned, I believe that the The motion to lay on the table was gram that provides cash assistance to budget resolution approach, as clari- agreed to. those who are either elderly or dis- fied by our amendment, goes a long AMENDMENT NO. 342 abled, and of very low income. way toward restoring fairness for vul- (Purpose: To express the sense of the Senate Pursuant to last year’s welfare law, nerable legal immigrants who were in regarding retroactive taxes) legal immigrants may no longer re- the country and playing by the rules Mr. DOMENICI. Mr. President, on be- ceive SSI benefits. Those who were re- when the welfare law was enacted. But half of Senator COVERDELL, I send to ceiving SSI on the date the law was en- I must say that I am sorely dis- the desk an unprinted amendment acted therefore are scheduled to lose appointed that the budget resolution which has been cleared on both sides that assistance beginning on August 1 proposal leaves elderly legal immi- regarding retroactive taxes, a sense of of this year, although thanks to an grants—those who by definition have the Senate. amendment I offered with Senator no other source of income and are too The PRESIDING OFFICER. The D’AMATO and others to the disaster re- old and frail to work—out in the cold. clerk will report the amendment. lief bill, that cutoff date likely will be To my view, then, the budget resolu- The legislative clerk read as follows: pushed back to October 1. tion proposal therefore addresses only The Senator from New Mexico [Mr. DOMEN- In my view, the welfare law’s SSI re- part of the problem, and I intend to ICI] for Mr. COVERDELL, proposes an amend- strictions were not only harsh, but un- work with my colleagues here and in ment numbered 342.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4871 Mr. DOMENICI. Mr. President, I ask Tragically, in February of 1993, her AMENDMENT NO. 343 unanimous consent that further read- husband suffered a life-threatening ill- (Purpose: To express the sense of the Senate ing of the amendment be dispensed ness brought on by the rigors of run- on Social Security and balancing the budget) with. ning a farm, which they had done to- Mr. DOMENICI. Mr. President, I have The PRESIDING OFFICER. Without gether for 38 years. In light of the cir- an amendment on behalf of Mr. DOR- objection, it is so ordered. cumstances, it soon became clear they GAN, Mr. DASCHLE, and Mr. HOLLINGS. The amendment is as follows: would have to leave farming and auc- It is a sense of the Senate regarding At the end of the bill, add the following: tion off everything they had worked for long-term balancing of Social Security SEC. . SENSE OF THE SENATE REGARDING RET- all their lives. In her testimony Mrs. accounts. We have no objection to the ROACTIVE TAXES. amendment. (a) FINDINGS.—The Senate finds that— Dixon said, ‘‘I could never put our feel- (1) in general, the practice of increasing a ings into words to adequately express The PRESIDING OFFICER. The tax retroactively is fundamentally unfair to what we went through. I will never for- clerk will report the amendment. taxpayers; get the day of the auction itself. Look- The legislative clerk read as follows: (2) retroactive taxation is disruptive to ing back, I don’t know how we stood it, The Senator from New Mexico [Mr. DOMEN- families and small business in their ability but we managed.’’ ICI] for Mr. DORGAN, for himself, Mr. to plan and budget. DASCHLE, and Mr. HOLLINGS proposes an (b) SENSE OF THE SENATE.—It is the sense After living with a very painful deci- amendment numbered 343. sion, the Dixons dutifully paid their of the Senate that the levels in this budget Mr. DOMENICI. Mr. President, I ask taxes. Imagine if you would, Mr. Presi- resolution assume that— unanimous consent that further read- (1) except for closing tax loopholes, no rev- dent, their surprise when they learned ing of the amendment be dispensed enues should be generated from any retro- they owed still more in federal taxes with. actively increased tax; and because of the 1993 retroactive in- (2) the Congress and the President should The PRESIDING OFFICER. Without work together to ensure that any revenue creases. objection, it is so ordered. generating proposal contained within rec- Let me again refer to Mrs. Dixon’s The amendment is as follows: onciliation legislation pursuant to this con- own words, ‘‘The amount of money At the appropriate place in the resolution, current resolution proposal, except those itself was not a large amount, but we insert the following: proposals closing tax loopholes, should take still had to pay the retroactive tax out SEC. . SENSE OF THE SENATE ON SOCIAL SECU- effect prospectively. of funds we had planned for retirement. RITY AND BALANCING THE BUDGET. Mr. COVERDELL. Mr. President, However, for me that is not the issue. (a) FINDINGS.—The Senate finds that— today I rise to offer a sense of the Sen- After what we had been through to (1) This budget resolution is projected to ate amendment to the concurrent know that the federal government can balance the unified budget of the United States in fiscal year 2002; budget resolution before us that sets tax you simply because it chooses was (2) Section 13301 of the Budget Enforce- our nation on the path to budgetary a real shock. Furthermore, our situa- ment Act of 1990 requires that the deficit be balance. This amendment addresses a tion also left us with no way to recover computed without counting the annual sur- practice that I believe is one of the the money we had to pay in this addi- pluses of the Social Security trust funds; and most reprehensible burdens govern- tional retroactive tax. We were out of (3) If the deficit were calculated according ment can place on its taxpayers, retro- business. The retroactive tax was a to the requirements of Section 13301, this budget resolution would be projected to re- active taxation. shameful tax.’’ My conviction for putting a stop to sult in a deficit of $108.7 billion in fiscal year Mr. President, it was clear to Thom- 2002. retroactive taxation dates back to just as Jefferson that the only way to pre- (b) SENSE OF THE SENATE.—It is the sense months after I began my service rep- serve freedom was to protect its citizen of the Senate that the assumptions under- resenting Georgia in the United States from oppressive taxation. I believe he lying this budget resolution assume that Senate and occurred as a result of one would agree that the retroactive impo- after balancing the unified federal budget, of the most egregious examples of ret- sition of massive taxes is the ultimate the Congress should continue efforts to re- roactive taxation in our history. I am slap in the face of the American cit- duce the on-budget deficit, so that the fed- speaking of the retroactive tax rate in- eral budget will be balanced without count- izen. Even the Russian Constitution ing Social Security surpluses. creases enacted as part of the Adminis- does not allow you to tax retro- The PRESIDING OFFICER. The tration’s 1993 tax package whose pas- actively. question is on agreeing to the amend- sage in the Senate required the Vice American families, businesses, and ment. Without objection, the amend- President to cast the deciding vote. communities must know what the At the time, estimates of the price ment is agreed to. rules of the road are and that those The amendment (No. 343) was agreed tag to taxpayers of these retroactive rules will not change. They have to be tax increases were over $10 billion! In to. able to plan their lives, plan for their Mr. DOMENICI. I move to reconsider other words, with more than two-thirds families, and plan their tax burdens in the vote. of the year having been gone, the fed- advance. Mr. LAUTENBERG. I move to lay eral government effectively told the We have before us an historic oppor- that motion on the table. American people, ‘‘All your planning tunity to bring the Federal budget into The motion to lay on the table was was for naught, and we don’t care.’’ balance. This is a goal I have worked agreed to. To bring an end to this practice, I in- long and hard to achieve since coming AMENDMENT NO. 344 troduced legislation in the 103rd Con- to the Senate. In the march to a bal- (Purpose: To express the sense of the Senate gress, the 104th Congress, and now in anced Federal budget, I believe we need supporting sufficient funding for veterans the 105th Congress. This is not an issue to do so in a way that is fair to Amer- programs and benefits) which I intend to drop, and I’ll tell my ican families and small businesses. Mr. DOMENICI. Mr. President, I send colleagues why. Mr. DOMENICI. I have no objection a sense-of-the-Senate resolution re- Mr. President, let me take this op- to the amendment. garding veterans’ programs on behalf portunity to share with you the story Mr. LAUTENBERG. No objection of Senator DASCHLE, myself, and Sen- of Mrs. Joanne Dixon, a retired farmer here, Mr. President. ator ROCKEFELLER, an unprinted from Girard, Georgia, who suffered per- The PRESIDING OFFICER. The amendment, regarding supporting suf- sonally from the 1993 retroactive tax question is on agreeing to the amend- ficient funding for defense programs. increases. In her testimony before the ment. Without objection, it is so or- The PRESIDING OFFICER. The Senate Judiciary Subcommittee on the dered. The amendment is agreed to. clerk will report. Constitution, Federalism, and Property The amendment (No. 342) was agreed The legislative clerk read as follows: Rights, she described herself and her to. The Senator from New Mexico [Mr. DOMEN- family as a simple farming family that, Mr. DOMENICI. I move to reconsider ICI], for Mr. DASCHLE, for himself and Mr. like many of their neighbors, farmed the vote. ROCKEFELLER, proposes an amendment num- their land, attended church, contrib- Mr. LAUTENBERG. I move to lay bered 344. uted to their community and paid their that motion on the table. Mr. DOMENICI. I ask unanimous taxes. They were proud to be farmers The motion to lay on the table was consent that reading of the amendment and still believe it to be a good life. agreed to. be dispensed with.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4872 CONGRESSIONAL RECORD — SENATE May 21, 1997

The PRESIDING OFFICER. Without and that over 1⁄2 of these women had been The motion to lay on the table was objection, it is so ordered. harassed by their abuser at work. agreed to. (3) Domestic violence is often intensified The amendment is as follows: AMENDMENTS NOS. 346, 347, AND 348 as women seek to gain economic independ- Insert at the appropriate place the fol- ence through attending school or training Mr. DOMENICI. We can save a little lowing new section: programs. Batterers have been reported to bit of time because we have a number SEC. . SENSE OF THE SENATE SUPPORTING SUF- prevent women from attending these pro- of amendments that are going to qual- FICIENT FUNDING FOR VETERANS grams or sabotage their efforts at self-im- ify and Senators do not have to stand PROGRAMS AND BENEFITS. provement. (a) FINDINGS.—The Senate finds that— up and go through all of that maneu- (4) Nationwide surveys of service providers vering. I ask unanimous consent the (1) veterans and their families represent prepared by the Taylor Institute of Chicago, approximately 27 percent of the United Illinois, document, for the first time, the amendments that I send to the desk be States population; interrelationship between domestic violence considered as having been offered by (2) more than 20 million of our 26 million and welfare by showing that from 34 percent their appropriate sponsor and thus living veterans served during wartime, sacri- to 65 percent of AFDC recipients are current qualified as under the previous order, ficing their freedom so that we may have or past victims of domestic violence. and further they be considered as hav- ours; and (5) Over 1⁄2 of the women surveyed stayed (3) veterans have earned the benefits prom- ing been set aside. I do this en bloc for with their batterers because they lacked the the Senators enumerated on the ised to them. resources to support themselves and their (b) SENSE OF THE SENATE.—It is the sense children. The surveys also found that the amendments. of the Senate that— availability of economic support is a critical The PRESIDING OFFICER. The (1) the assumptions underlying this Budget factor in poor women’s ability to leave abu- clerk will report by number. Resolution assume that the 602(b) allocation sive situations that threaten them and their The legislative clerk read as follows: to the Department of Veterans Affairs will children. The Senator from New Mexico [Mr. DOMEN- be sufficient in FY98 to fully fund all discre- (6) The restructuring of the welfare pro- ICI] proposes amendment numbers 346, 347, tionary veterans programs, including med- grams may impact the availability of the and 348. ical care; and economic support and the safety net nec- (2) funds collected from legislation to im- essary to enable poor women to flee abuse Mr. DOMENICI. I ask unanimous prove the Department of Veterans Affairs’ without risking homelessness and starvation consent that reading of the amend- ability to collect and retain reimbursement for their families. ments be dispensed with. from third-party payers ought to be used to (7) In recognition of this finding, the Com- The PRESIDING OFFICER. Without supplement, not supplant, an adequate ap- mittee on the Budget of the Senate in con- objection, it is so ordered. propriation for medical care. sidering the 1997 Resolution on the budget of The amendments are as follows: the United States unanimously adopted a The PRESIDING OFFICER. The AMENDMENT NO. 346 sense of the Congress amendment concerning question is on agreeing to the amend- (Purpose: to require that the $225 billion CBO ment. domestic violence and Federal assistance. Subsequently, Congress adopted the family revenue receipt windfall be used for deficit The amendment (No. 344) was agreed violence option amendment as part of the reduction and tax relief, and that non-de- to. Personal Responsibility and Work Oppor- fense discretionary spending be kept at a Mr. DOMENICI. I move to reconsider tunity Reconciliation Act of 1996. freeze baseline level) the vote. (8) The family violence option gives States On page 3, line 3, decrease the amount by Mr. LAUTENBERG. I move to lay it the flexibility to grant temporary waivers $22.5 billion. on the table. from time limits and work requirements for On page 3, line 4, decrease the amount by The motion to lay on the table was domestic violence victims who would suffer $22.5 billion. extreme hardship from the application of agreed to. On page 3, line 5, decrease the amount by these provisions. These waivers were not in- $22.5 billion. AMENDMENT NO. 345 tended to be included as part of the perma- On page 3, line 6, decrease the amount by (Purpose: To express the sense of the nent 20 percent hardship exemption. $22.5 billion. Congress concerning domestic violence) (9) The Department of Health and Human On page 3, line 7, decrease the amount by Mr. DOMENICI. Mr. President, on be- Services has been slow to issue regulations $22.5 billion. regarding the provision. As a result, States On page 3, line 11, increase the amount by half of Senator MURRAY I offer a sense are hesitant to fully implement the family $22.5 billion. of the Senate regarding family violence violence option fearing that it will interfere On page 3, line 12, increase the amount by option clarifying amendment. This was with the 20 percent hardship exemption. $22.5 billion. accepted by the U.S. House in their (10) Currently 15 States have opted to in- On page 3, line 13, increase the amount by budget resolution. I see no reason why clude the family violence option in their wel- $22.5 billion. we should not accept it. fare plans, and 13 other States have included On page 3, line 14, increase the amount by The PRESIDING OFFICER. The some type of domestic violence provisions in $22.5 billion. clerk will report. their plans. On page 3, line 15, increase the amount by The legislative clerk read as follows: SEC. 2. SENSE OF CONGRESS. $22.5 billion. It is the sense of Congress that the provi- On page 4, line 4, decrease the amount by The Senator from New Mexico [Mr. DOMEN- sions of this Resolution assume that— $13.7 billion. ICI] for Mrs. MURRAY proposes an amendment (1) States should not be subject to any nu- On page 4, line 5, decrease the amount by numbered 345. merical limits in granting domestic violence $23.4 billion. Mr. DOMENICI. I ask unanimous good cause waivers under section On page 4, line 6, decrease the amount by consent that reading of the amendment 402(a)(7)(A)(iii) of the Social Security Act (42 $33.2 billion. be dispensed with. U.S.C. 602(a)(7)(A)(iii)) to individuals receiv- On page 4, line 7, decrease the amount by The PRESIDING OFFICER. Without ing assistance, for all requirements where $42.9 billion. compliance with such requirements would On page 4, line 8, decrease the amount by objection, it is so ordered. make it more difficult for individuals receiv- $52.7 billion. The amendment is as follows: ing assistance to escape domestic violence; On page 4, line 12, decrease the amount by At the appropriate place, insert the fol- and $6.3 billion. lowing: (2) any individual who is granted a domes- On page 4, line 13, decrease the amount by SEC. . SENSE OF CONGRESS ON FAMILY VIO- tic violence good cause waiver by a State $16.9 billion. LENCE OPTION CLARIFYING AMEND- shall not be included in the States’ 20 per- On page 4, line 14, decrease the amount by MENT. cent hardship exemption under section $26.7 billion. (a) FINDINGS.—Congress finds the fol- 408(a)(7) of the Social Security Act (42 U.S.C. On page 4, line 15, decrease the amount by lowing: 608(a)(7)). $36.6 billion. (1) Domestic violence is the leading cause The PRESIDING OFFICER. The On page 4, line 16, decrease the amount by of physical injury to women. The Depart- question is on agreeing to the amend- $46.8 billion. ment of Justice estimates that over 1,000,000 ment. On page 4, line 19, decrease the amount by violent crimes against women are committed The amendment (No. 345) was agreed $22.5 billion. by intimate partners annually. On page 4, line 20, decrease the amount by (2) Domestic violence dramatically affects to. $22.5 billion. the victim’s ability to participate in the Mr. DOMENICI. I move to reconsider On page 4, line 21, decrease the amount by workforce. A University of Minnesota survey the vote. $22.5 billion. reported that 1⁄4 of battered women surveyed Mr. LAUTENBERG. I move to lay it On page 4, line 22, decrease the amount by had lost a job partly because of being abused on the table. $22.5 billion.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4873 On page 4, line 23, decrease the amount by create a drug-intolerant culture for our chil- My experience with PRIDE has con- $22.5 billion. dren. vinced me that grassroots efforts by On page 35, line 9, decrease the amount by Mr. COVERDELL. Mr. President, re- America’s parents are essential in $13.7 billion. cently the Senate has made strong order to reverse the skyrocketing rates On page 35, line 10, decrease the amount by statements promoting efforts to fight $6.3 billion. of teenage drug use. I hope that the On page 35, line 15, decrease the amount by against teenage drug use. Programs to Senate will build on the amendment I $23.4 billion. mobilize America’s parents are des- have offered today and fully support On page 35, line 16, decrease the amount by perately needed in these efforts as we programs such as PRIDE which enlist $16.9 billion. struggle to deal with a rising our parents in the war on drugs. On page 35, line 21, decrease the amount by of teenage drug use. AMENDMENT NO. 348 $33.2 billion. Survey after survey has shown a On page 35, line 22, decrease the amount by (Purpose: To express the sense of the Senate shocking rise in teenage drug use. that the budget resolution agreement does $26.7 billion. Since 1992, drug use among teens has On page 36, line 2, decrease the amount by not foreclose the possibility of Congress more than doubled. We recently adopting additional tax cuts in the future, $42.9 billion. learned that for the first time since the On page 36, line 3, decrease the amount by so long as they are paid for) $36.6 billion. 1980’s over half of all graduating high At the end of title III, add the following: On page 36, line 8, decrease the amount by school seniors will have been involved SEC. . SENSE OF THE SENATE ON ADDITIONAL $52.7 billion. with illegal drugs and the use of her- TAX CUTS. On page 36, line 9, decrease the amount by oine and marijuana by high schoolers It is the sense of the Senate that nothing $46.8 billion. has reached levels unprecedented in the in this resolution shall be construed as pro- 1990’s. The number of 8th graders who hibiting Congress from providing additional AMENDMENT NO. 347 have used marijuana in the past month tax relief in future years if the cost of such (Purpose: To provide for parental involve- has exploded since 1991, growing by tax relief is offset by reductions in discre- ment in prevention of drug use by children) over 350%, and heroine use in our high tionary or mandatory spending, or increases in revenue from alternative sources. At the end of title II, add the following: schools has doubled. The fact that The PRESIDING OFFICER. Under SEC. . SENSE OF CONGRESS REGARDING PA- 35.8% (or more than one out of every RENTAL INVOLVEMENT IN PREVEN- three high school seniors) used mari- the previous order, amendments Nos. TION OF DRUG USE BY CHILDREN. juana in the past year should be a wake 346, 347, and 348 are now set aside. (a) FINDINGS.—Congress makes the fol- up call to us all, as marijuana serves as UNANIMOUS-CONSENT AGREEMENT lowing findings: a gateway to the use of cocaine, LSD, Mr. DOMENICI. Mr. President, I ask (1) 2,000,000 more children are using drugs unanimous consent—and this has been in 1997 than were doing so in 1993. For the heroin and other highly addictive first time in the 1990’s, over half of our Na- drugs. Overall, this is a complete rever- cleared but I want to read it—I ask tion’s graduating high school seniors have sal from the previous 12 years when unanimous consent that during the experimented with drugs and approximately teen drug use was cut in half between consideration of the legislation and 1 out of every 4 of the students have used 1980 and 1992. A decade of progress has any conference report thereon pursu- drugs in the past month. been destroyed. ant to the reconciliation instructions (2) After 11 years of declining marijuana Yet in spite of these alarming statis- set forth in the concurrent resolution use among children aged 12 to 17, such use tics, research conducted by the Na- on the budget for fiscal year 1998, for doubled between 1992 and 1995. The number of tional Parents’ Resource Institute for the purposes of section 313(b)(1)(E) of 8th graders who have used marijuana in the past month has more than tripled since 1991. Drug Education [PRIDE] shows that 7 the Congressional Budget Act of 1974, (3) More of our Nation’s school children are out of 10 American parents are not legislation which reduces revenues pur- becoming involved with hard core drugs at talking to their children about the suant to reconciliation instruction earlier ages, as use of heroin and cocaine by dangers of drug use. These numbers are contained in the fiscal year 1998 resolu- 8th graders has more than doubled since 1991. especially alarming in light of the fact tion, the second reconciliation bill, (4) Substance abuse is at the core of other that PRIDE’s research indicates that shall be taken together with all other problems, such as rising violent teenage and mobilizing parents is one of our most legislation passed in the Senate pursu- violent gang crime, increasing health care effective ways of fighting this rising costs, HIV infections, teenage pregnancy, ant to the reconciliation instructions high school dropouts, and lower economic epidemic. For example, among stu- contained in that resolution, the first productivity. dents who said they never hear from reconciliation bill, when determining (5) Increases in substance abuse among their parents on the subject of drugs, whether any provision of the second youth are due in large part to an erosion of 35.5% reported using illicit drugs in the reconciliation bill is extraneous; fur- understanding by youth of the high risks as- last year. Yet this number falls to ther, it is clearly understood that the sociated with substance abuse, and to the 26.6%—a relative decrease of 25% for unanimous consent is contingent upon softening of peer norms against use. students whose parent often discuss the Senate considering two reconcili- (6) Nearly 1 in every 10 students who re- this issue with them. In response to the ation bills pursuant to this budget res- ceived a diploma last June is a daily user of rise of teenage drug use in the 1980’s, illicit drugs. olution. (7) A 1995–96 school year survey of drug parents across the country became ac- The PRESIDING OFFICER. Without usage by students revealed that 25 percent of tive in the anti-drug movement. Their objection, it is so ordered. children using drugs are doing so at home or efforts played a key role in reducing AMENDMENT NO. 349 at the home of a friend. Despite these alarm- drug use by teenagers from the all-time (Purpose: Expressing the sense of the Senate ing statistics, less than 30 percent of stu- high of 54 percent in 1979 to just 27 per- that higher education tax cuts should en- dents stated that their parents talked to cent by 1992. courage parents and students to save for them about the problem of alcohol and Over the past several years, PRIDE the costs of a higher education, and to pro- drugs. has devoted a great deal of attention to vide relief from the debt burden associated (8) In the 1990–91 school year survey, over the question of how we, as a nation, with borrowing to pay for a post-secondary 40 percent of the students reported that their can again capture the level of parental education) parent regularly talked to them about drugs. Mr. DOMENICI. When I was sending The 1995–96 survey reported an 11 percent de- involvement that helped drive down crease in parental involvement and a cor- teen drug use in the previous two dec- amendments to the desk that had been responding 10 percent increase in the number ades. PRIDE has proposed a grassroots approved on both sides we failed to in- of students in the 6th through 8th grades, plan focused on a renewed parent troduce one on behalf of Senator who use drugs, and a 17 percent increase in movement in the fight against illegal SNOWE. This is another sense of the the number of students in the 9th through drug use. The goal of this initiative is Senate regarding education, tax deduc- 12th grades who use drugs. to educate parents and involve them in tions, and credits. It has been accepted (b) SENSE OF CONGRESS.—It is the sense of programs that will prevent and reduce on both sides. This is being sent to the Congress that the provisions of this resolu- desk on behalf of Senator SNOWE to tion assume that, from resources available in drug abuse by their children. This vol- this budget resolution, a portion should be unteer-based approach will allow par- qualify under the requirement that it set aside for a national grassroots volunteer ents to create a drug prevention pro- be in by closing time tonight. effort to encourage parental education and gram most suitable to their commu- The PRESIDING OFFICER. The involvement in youth drug prevention and to nity. clerk will report.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4874 CONGRESSIONAL RECORD — SENATE May 21, 1997 The legislative clerk read as follows: Mr. LAUTENBERG. I ask unanimous through its most dramatic changes, often to The Senator from New Mexico [Mr. DOMEN- consent that reading of the amend- correct problems that should have been ad- ICI] for Ms. SNOWE, for herself and Mr. COVER- ments be dispensed with. dressed during early childhood development. DELL, proposes an amendment numbered 349. The PRESIDING OFFICER. Without (5) According to the Department of Edu- Mr. DOMENICI. I ask unanimous objection, it is so ordered. cation, of $29,400,000,000 in current estimated consent that reading of the amendment The amendments are as follows: education expenditures, only $1,500,000,000, or 5 percent, is spent on children from birth to be dispensed with. AMENDMENT NO. 350 age 5. The vast majority is spent on children The PRESIDING OFFICER. Without (Purpose: To express the sense of the Senate over age 5. objection, it is so ordered. supporting an increase in funding for de- (6) A new commitment to quality child The amendment is as follows: fense 050 account funds dedicated for med- care and early childhood education is a nec- (a) FINDINGS.—The Congress finds that— ical research) essary response to the fact that children (1) the budget agreement reached between At the appropriate place in the resolution, from birth to the age of 3 are spending more Congressional leaders and President Clinton insert the following: time in care away from their homes. Almost provides for $85 billion in net tax relief over SEC. . SENSE OF THE SENATE ON MEDICAL RE- 60 percent of women in the workforce have five years. SEARCH. children under the age of 3 requiring care. (2) in a May 15, 1997, letter to President It is the sense of the Senate that the funds Clinton, the Speaker of the House and the (7) Many States and communities are cur- in the defense 050 account that are assumed Senate Majority Leader agreed that the tax rently experimenting with innovative pro- package must include tax relief of roughly to be dedicated for medical research should grams directed at early childhood care and $35 billion over five years for post-secondary be increased by $900,000,000 for fiscal year education in a variety of care settings, in- education, including a deduction and a tax 1998. cluding the home. States and local commu- credit. nities are best able to deliver efficient, cost- (3) the letter further stipulated that the AMENDMENT NO. 351 effective services, but while such programs education tax package should be consistent (Purpose: To reduce the incentives to use tax are long on demand, they are short on re- with the objectives put forward in the HOPE gimmicks that artificially increase reve- sources.Additional Federal resources should Scholarship and tuition tax proposals con- nues in 2002 in ways that make balancing not create new bureaucracy, but build on tained in the Administration’s FY 1998 budg- the deficit more difficult after 2002) successful locally driven efforts. et proposal At the end of title II, add the following: (b) SENSE OF THE SENATE.—It is the sense (4) as outlined in the Administration’s FY SEC. . ANTIGIMMICK TAX SCORING. of the Senate that the budget totals and lev- 1998 budget summary, the objective of the For purposes of scoring any revenue provi- els in this resolution assume that funds education tax credits and deductions is to sion of a reconciliation bill enacted pursuant ought to be directed toward increasing the ensure that financial barriers to higher edu- to this resolution, a provision that increases supply of quality child care, early childhood cation continue to fall for all Americans, and revenue in fiscal year 2002 by an amount education, and teacher and parent training to encourage Americans to pursue higher $1,000,000,000 or more in excess of the amount for children from birth through age 3. education and to promote lifelong learning. (5) students at the undergraduate level that the provision increases revenue in ei- have seen tuition increases outpace inflation ther fiscal year 2001 or 2003 shall be scored AMENDMENT NO. 353 for more than a decade, which has led to an by— (1) subtracting the amount of the excess (Purpose: To expand opportunities to access increased demand for student aid, including funding in the High way Reserve fund) student loans. from the revenue amount for fiscal year 2002; (6) the typical student loan borrower—in- and On page 56, line 7, strike the word ‘‘en- cluding undergraduate, graduate, and doc- (2) dividing the amount of excess by 4 and acted’’ and insert: ‘‘reported or an amend- toral students—now accumulates more than adding the quotient to the revenue score for ment is adopted’’. $10,000 in educational debt. This rising debt the provision for each of the fiscal years 2002 On page 56, line 15, strike the words ‘‘en- burden poses a serious threat to students and through 2005. actment of legislation’’ and insert: ‘‘report- may lead to some students no longer pur- ing of legislation or upon the adoption of an suing a higher education. AMENDMENT NO. 352 amendment’’. (7) post-secondary education tax cuts that (Purpose: To express the sense of the Senate encourage savings and that address this ris- on early childhood education) AMENDMENT NO. 354 ing debt burden would encourage Americans At the end of title III, add the following: to pursue a higher education and promote (Purpose: To express the sense of the Senate SEC. . SENSE OF THE SENATE EARLY CHILD- lifelong learning, and would, therefore, be HOOD EDUCATION. regarding the extension of the Violent consistent with the objectives sought by Crime Reduction Trust Fund through fis- (a) FINDINGS.—The Senate finds the fol- President Clinton in his budget proposal. lowing: cal year 2002) (b) SENSE OF THE SENATE.—It is the sense (1) Scientific research on the development At the end of title II, add the following: of the Senate that the levels of this resolu- of the brain has confirmed that the early tion and legislation enacted pursuant to this SEC. . SUPPORT FOR FEDERAL, STATE, AND childhood years, particularly from birth to resolution assume— LOCAL LAW ENFORCEMENT OFFI- (1) that higher education tax relief should the age of 3, are critical to children’s devel- CERS. opment. encourage Americans to pursue a post-sec- (a) FINDINGS.—The Senate makes the fol- ondary education and promote lifelong (2) Studies repeatedly have shown that lowing findings: learning. good quality child care helps children de- velop well, enter school ready to succeed, (1) Our Federal, State, and local law en- (2) tax incentives that encourage parents forcement officers provide essential services and students to save for higher education ex- improve their skills, cognitive abilities and socioemotional development, improve class- that preserve and protect our freedoms and penses, and that provide relief from the debt security, and with the support of Federal as- burden associated with borrowing to pay for room learning behavior, and stay safe while their parents work. Further, quality early sistance, State and local law enforcement of- a post-secondary education, are consistent ficers have succeeded in reducing the na- with the objectives set forth in this resolu- childhood programs can positively affect children’s long-term success in school tional scourge of violent crime, as illus- tion, and should be included in any post-sec- trated by a murder rate in 1996 that is pro- ondary education tax cut package. achievement, higher earnings as adults, de- crease reliance on public assistance and de- jected to be the lowest since 1971 and a vio- AMENDMENTS NOS. 350, 351, 352, 353, 354, AND 355 crease involvement with the criminal justice lent crime total in 1996 that is the lowest Mr. LAUTENBERG. I have a group of system. since 1990. amendments that will be sent to the (3) The first of the National Education (2) Through a comprehensive effort to at- desk to be considered, and I ask unani- Goals, endorsed by the Nation’s governors, tack violence against women mounted by mous consent they be considered as of- passed by Congress and signed into law by State and local law enforcement, and dedi- fered by the appropriate sponsor and President Bush, stated that by the year 2000, cated volunteers and professionals who pro- qualify under the previous order, and every child should enter school ready to vide victim services, shelter, counseling, and learn and that access to a high quality early advocacy to battered women and their chil- further they be considered as having dren, important strides have been made been set aside. childhood education program was integral to meeting this goal. against the national scourge of violence The PRESIDING OFFICER. The (4) According to data compiled by the against women, illustrated by the decline in clerk will report the amendments by RAND Corporation, while 90 percent of the murder rate for wives, ex-wives, and numbers. human brain growth occurs by the age of 3, girlfriends at the hands of their ‘‘intimates’’ The legislative clerk read as follows: public spending on children in that age range fell to a 19-year low in 1995. The Senator from New Mexico [Mr. DOMEN- equals only 8 percent of spending on all chil- (3) Federal, State, and local law enforce- ICI] proposes amendments numbered 350, 351, dren. A vast majority of public spending on ment efforts need continued financial com- 352, 253, 354, and 355. children occurs after the brain has gone mitment from the Federal Government for

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4875 funding and financial assistance to continue needed in the following decades to fund Mr. DOMENICI. The budget resolu- their efforts to combat violent crime and vi- the retirement needs of the baby boom tion does not prejudge the outcome of olence against women. generation. If that money is now used the debate concerning the nuclear (4) Federal, state and local law enforce- as an offset against other spending to waste issue. However, S. 104, as passed ment also face other challenges which re- quire continued financial commitment from balance the budget, it will not be there by the Senate, does not violate the the Federal Government, including regaining when it is needed to meet Social Secu- Budget Act. If S. 104 is enacted into control over the Southwest Border, where rity needs in future years. law, there is sufficient funding in the drug trafficking and illegal immigration The way to balance the budget in a offsetting collections and the budget continue to threaten public safety and men- real and honest way is to do as Senator could accommodate full funding of ace residents on the border and throughout HOLLINGS suggests. We must make both the permanent repository and the the nation. spending cuts that are necessary and interim storage at Yucca Mountain (5) The Violent Crime Reduction Trust delay both the tax cuts and the spend- within the statutory schedules man- Fund established in section 310001 the Vio- ing increases in specific accounts until lent Crime Control and Law Enforcement dated. there is room in the budget to accom- Mr. MURKOWSKI. I thank the Sen- Act of 1994 (42 U.S.C. 14211) fully funds the plish them while still balancing the Violent Crime Control and Law Enforcement ator from New Mexico for his response. budget in a real way. Act of 1994, including the Violence Against UNANIMOUS CONSENT AGREEMENTS Robust economic growth is driving Women Act, without adding to the Federal Mr. DOMENICI. I ask unanimous budget deficit. the budget deficit down substantially. I think there will ultimately be room for consent when the Senate resumes Sen- (b) SENSE OF THE SENATE.—It is the sense ate Concurrent Resolution 27 on Thurs- of the Senate that the provisions and the some tax cuts and for some targeted in- functional totals underlying this resolution vestment increases in certain areas, day, there be 13 hours remaining to be assume that— such as education, health care and the equally divided under the Budget Act. (1) the Federal Government’s commitment environment. But the priority ought to The PRESIDING OFFICER. Without to fund Federal law enforcement programs be to balance the budget first and do it objection, it is so ordered. and programs to assist State and local ef- fully and completely by reaching a Mr. DOMENICI. I ask unanimous forts to combat violent crime, including vio- consent when the Senate resumes Sen- lence against women, will be maintained; budget deficit of zero in 2002 without using the Social Security trust funds. ate Concurrent Resolution 27 on Thurs- and day, that time remaining on the (2) funding for the Violent Crime Reduc- Then, as the economy continues to tion Trust Fund will continue in its current grow, added revenue will allow us to amendment numbered 336 be limited to form at least through fiscal year 2002. both provide needed tax cuts as well as 50 minutes under the control of Sen- targeted investments in critical ac- ator MOSELEY-BRAUN, 10 minutes under AMENDMENT NO. 355 counts. Not many Members of the Sen- the control of Senator DOMENICI, and At the appropriate place, add the following ate voted for the Hollings amendment, following the conclusion or yielding new section: because most want to rush to provide back, Senator DOMENICI be recognized SEC. . SENSE OF THE SENATE ON TAX CUTS. tax cuts now and to provide spending to move to table the amendment. It is the sense of the Senate that the Con- increases in certain accounts now. But The PRESIDING OFFICER. Without current Resolution on the Budget assumes if we do that there is no guarantee that objection, it is so ordered. that— we will truly reach an honest balanced Mr. DOMENICI. I further ask that no (1) A substantial majority of the tax cut budget in the near term. other amendments be in order prior to benefits provided in the tax reconciliation the motion to table the amendment of bill will go to middle class working families Unfortunately, the Hollings amend- Senator MOSELEY-BRAUN. earning less than approximately $100,000 per ment failed. It failed by a large mar- year; and gin. However, as the budget process The PRESIDING OFFICER. Without (2) The tax cuts in the tax reconciliation continues, I intend to work as best I objection, it is so ordered. bill will not cause revenue losses to increase can to advance deficit reduction. The Mr. DOMENICI. From what I under- significantly in years after 2007. resolution we are debating does move stand, Senator BOXER wants to speak in the right direction. While it is not a for 3 minutes and then I want to put The PRESIDING OFFICER. Under balanced budget plan, it is a deficit re- the Senate into morning business with the previous order, the amendments duction plan. It does achieve $204 bil- speeches up to 10 minutes. I am assum- numbered 350, 351, 352, 353, 354, and 355 lion of deficit reduction. And for that ing you will be recognized at that point will now be set aside. reason, I think it’s better to support and Senator STEVENS will be here to Mr. DORGAN. Mr. President, yester- this negotiated agreement. At least wrap up. day I voted for an amendment offered this agreement makes some progress. The PRESIDING OFFICER. Without by Senator HOLLINGS. I would like to To sum up, I would have felt better if objection, it is so ordered. take a brief moment to explain my this agreement had delayed both the Mr. CONRAD. Senator STEVENS has 5 vote. tax cuts and spending increases until minutes. It is fine if he goes before me. Senator HOLLINGS is absolutely right the budget is truly balanced. While this Mr. STEVENS. I have a series of in his contention about this budget agreement provides hope for those of us matters for the leader to perform be- agreement. The so-called balanced who want the deficit cut, and who want fore that time. budget agreement that has been ham- the budget balanced, it also serves up Mr. CONRAD. And I have 20 minutes. mered out by the White House and the the dessert before the main course. It The PRESIDING OFFICER. The Congress does not, in fact, balance the requires less discipline than we need. I Chair recognizes the Senator from budget. still believe that we should continue to California for up to 3 minutes. While the agreement purports to bal- work to do more than just balance the AMENDMENT NO. 355 ance the budget, I would urge my col- unified budget. Balancing the unified Mrs. BOXER. I want to thank the leagues to look at page 4 of the budget budget will still leave this country chairman and the ranking member. I resolution, which will put the agree- with a budget deficit. understand that after our brief con- ment into effect. It says, in section NUCLEAR WASTE FUND versation they will accept an amend- 101(4) of the resolution, that the budget Mr. MURKOWSKI. I would like to in- ment that Senator DURBIN and I will be will be $108 billion in deficit in the year quire of the managers regarding the introducing tomorrow that has already 2002. Why is that the case? Because impact of the resolution now being been sent to the desk. they are claiming a balanced budget considered by the Senate. Mr. President, because the economy using a ‘‘unified budget,’’ which means My question relates to the legislative is so strong and the Clinton budget they can count the Social Security sur- intent of the resolution as it relates to plan in 1993 was so right, we can now pluses to offset other deficits. the nuclear waste fund and specifically finish the job of balancing the budget However, as I have said in previous regarding its impact on S. 104 passed in a fair and responsible way. The plan debates, using the Social Security sur- by the Senate on April 15, 1997. What is before us, for the most part, I believe is plus creates a deficit for our future. the impact of the budget resolution on fair and reasonable. No more destruc- The surplus that is accrued in the year the provisions of S. 104 and the Nuclear tion of Medicare and Medicaid, gone 2002 in the Social Security accounts is Waste Fund? are the $270 billion cuts proposed by

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4876 CONGRESSIONAL RECORD — SENATE May 21, 1997 Republicans last year, gone are the $88 U.S. FOREIGN OIL CONSUMPTION World Refugee Survey, released yester- billion cuts they wanted to do to Med- FOR WEEK ENDING MAY 16 day is especially troubling. The Com- icaid, no more talk about doing away Mr. HELMS. Mr. President, the mittee finds that many countries with the Department of Education, the American Petroleum Institute reports which were once considered safe havens Department of Commerce, no more that for the week ending May 16, the for refugees and asylum seekers are be- suggestion that the Environmental U.S. imported 7,834,000 barrels of oil ginning to turn their backs on persons Protection Agency should be stripped each day, 52,000 barrels more than the fleeing persecution. The report estimates that the num- of its power and its funds. 7,782,000 imported each day during the ber of refugees and asylum-seekers de- Now, I believe this radical revolution same week a year ago. creased last year to about 14.5 million is over with this budget deal. Could Americans relied on foreign oil for worldwide. But this apparent decrease this budget deal be better? Yes, of 54.8 percent of their needs last week, is misleading. The Committee at- course, it could. One way, Mr. Presi- and there are no signs that the upward dent, it could be better is if we kept tributes it in part to the higher bar- spiral will abate. Before the Persian riers to asylum erected in many coun- our tax cuts moderate and targeted Gulf War, the United States obtained them to the middle-class. We could tries last year, including the United approximately 45 percent of its oil sup- States. In addition, some countries reach balance sooner. We would still ply from foreign countries. During the have resources left to do more for our have begun to forcibly repatriate refu- Arab oil embargo in the 1970s, foreign gees back to their home countries, children and our communities. oil accounted for only 35 percent of What Senator DURBIN and I—and it is even if conditions in those countries America’s oil supply. have not improved. For example, Thai- cosponsored by Senators DASCHLE, Anybody else interested in restoring HARKIN, and BUMPERS—what we say in land has recently begun to forcibly re- domestic production of oil—by U.S. turn Burmese refugees to their perse- our amendment, and I am very pleased producers using American workers? it will be accepted, is that a substan- cutors in Burma. Politicians had better ponder the eco- There is some good news. Several tial majority of the tax cut benefits nomic calamity sure to occur in Amer- provided in the reconciliation bill will countries, including Guatemala, Haiti, ica if and when foreign producers shut Mozambique, and Cambodia, have im- go to middle-class working families off our supply—or double the already earning less than approximately proved their human rights situations, enormous cost of imported oil flowing so that some refugees have been able to $100,000 per year and that the tax cuts into the United States—now 7,834,000 in the reconciliation bill will not cause return to their homes. barrels a day. Sadly, the overall message of the re- revenue losses to increase significantly port is that basic long-standing inter- in the years after 2007. f national principles of asylum and ref- In other words, we have two points to THE VERY BAD DEBT BOXSCORE ugee protection are in trouble. As this our amendment. One is tax cut benefits Mr. HELMS. Mr. President, at the report points out, the United States go to the middle-class; and two, we do close of business yesterday, Tuesday, bears a share of responsibility for this not want to see an explosion of deficits May 20, 1997, the federal debt stood at problem. The summary exclusion pro- in the outyears. $5,346,367,814,885.12. (Five trillion, three visions of last year’s immigration law, Mr. President, I am pleased that the hundred forty-six billion, three hun- and the continued detention of asylum- chairman is accepting this. I am dred sixty-seven million, eight hundred seekers sets a poor example for other pleased we are walking down this path fourteen thousand, eight hundred countries which look to the United together. I really will watch this be- eighty-five dollars and twelve cents) States for guidance on asylum and ref- cause we have no assurance that this One year ago, May 20, 1996, the fed- ugee protection. amendment will be kept in the con- eral debt stood at $5,114,233,000,000. Mr. President, I ask unanimous con- ference, but we will keep our eye on it (Five trillion, one hundred fourteen sent that a U.S. Committee for Refu- because I suspect if we insisted on a billion, two hundred thirty-three mil- gees press release be printed in the vote we would get a near unanimous lion) RECORD. vote. Five years ago, May 20, 1992, the fed- There being no objection, the mate- I am hopeful we can keep this lan- eral debt stood at $3,921,030,000,000. rial was ordered to be printed in the guage in the bill itself. If it is stripped (Three trillion, nine hundred twenty- RECORD, as follows: out, Mr. President, I will be back once one billion, thirty million) ASYLUM ERODING IN MORE COUNTRIES, RE- we get to the reconciliation bill, to Ten years ago, May 20, 1987, the fed- PORT FINDS; REFUGEES’ LIVES, PROTECTION make sure that tax cuts are not going eral debt stood at $2,291,944,000,000. PRINCIPLES ENDANGERED to the people who are earning $1 mil- (Two trillion, two hundred ninety-one WASHINGTON, DC.—Asylum for refugees lion but are, in fact, going to our hard- billion, nine hundred forty-four mil- around the world is eroding in more coun- tries than ever before, as governments, in- working families who earn approxi- lion) mately $100,000 a year. cluding those traditionally friendly to refu- Fifteen years ago, May 20, 1982, the gees, either close their borders completely or Thank you very much, Mr. President. federal debt stood at $1,068,510,000,000 Again, my thanks to the Members of offer ‘‘pseudo-asylum’’ that lacks adequate (One trillion, sixty-eight billion, five protection, the U.S. Committee for Refugees the Budget Committee. This has been a hundred ten million) which reflects a (USCR) said today. long time in coming. It is not the per- debt increase of more than $4 trillion— ‘‘We are seeing a continuing deterioration fect budget but I think it puts an end $4,277,857,814,885.12 (Four trillion, two in the quality of protection and assistance countries are willing to offer to those fleeing to the radical revolution that was hundred seventy-seven billion, eight threatened a couple years ago and it persecution and violence,’’ said USCR Direc- hundred fifty-seven million, eight hun- tor Roger Winter in releasing USCR’s 1997 will bring us to balance. It is good for dred fourteen thousand, eight hundred our children, and overall I am pleased World Refugee Survey. ‘‘This pseudo-asylum eighty-five dollars and twelve cents) not only endangers the lives and well-being with it. during the past 15 years. of refugees, but threatens to kill the prin- I yield the floor. ciple of asylum itself,’’ Winter said. The PRESIDING OFFICER. The f USCR’s World Refugee Survey is consid- Chair recognizes the Senator from INTERNATIONAL PRINCIPLES OF ered the preeminent source for information Alaska. ASYLUM ERODING on the worldwide refugee situation, and this year’s Survey includes 120 detailed country f Mr. KENNEDY. Mr. President, every reports, 12 statistical tables, and essays on year the respected U.S. Committee for deteriorating asylum standards. MORNING BUSINESS Refugees issues a review of the state of The 1997 World Refugee Survey provides Mr. STEVENS. I ask unanimous con- the world’s refugees. This yearly re- examples of countries either shutting their sent there now be a period for the view has earned worldwide respect as doors to asylum seekers or offering pseudo- asylum in the past year: transaction of morning business. the most authoritative compilation of The international community deprived The PRESIDING OFFICER. Without analyses, data, and thought-provoking Rwandan refugees of true asylum by ignor- objection, it is so ordered. information on refugees. The 1997 ing serious protection problems in refugee

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4877 camps in Zaire. The lack of proper asylum Togo (denied asylum to Liberians) Commands, assured that he was able to for legitimate Rwandan refugees became one Turkey (denied asylum to Iraqi Kurds, ex- speak knowledgeably and eloquently trigger for the current civil war in Zaire, pelled Iraqis and Iranians) on literally every aspect of special op- which in turn triggered attacks on Zaire’s United States (provided inadequate asylum erations. In addition, his easy-going refugee camps. Significant numbers of Rwan- procedures for Cubans) dan refugees continue to die in central Zaire. Midwestern demeanor, engaging per- The Bulk Challenge—a freighter packed f sonality, and quick-witted sense of with Liberian refugees fleeing violence and TRIBUTE TO MAJ. (P). RANDY humor all assured that he established a chaos in their country—was turned away O’BOYLE bond with those he worked with both in from one West African port after another the Department of Defense and in the last May. Mr. THURMOND. Mr. President, halls of Congress. Burmese refugees in Thailand suffered when people think of special operations cross-border attacks on their camps in 1996, As Major O’Boyle leaves Washington forces, the image that immediately and heads west to the famed painted while Thai authorities offered little security. comes to mind is that of the Army’s In recent months, there have been instances landscapes of New Mexico, he leaves of Thai authorities preventing New Burmese Green Berets and Rangers, or the many friends who have enjoyed work- asylum seekers from entering Thailand and Navy’s SEAL’s. Few realize that the ing with him during his assignments forcibly returning those who have managed Air Force has a special operations ele- here. Though the ranks of the Special to cross the border. ment which is robust and impressive. Operations Command are filled with Iraq Curds who fled to Iran last September Air Commandos, Combat Controllers, returned to Iraq by the end of the year be- nothing but capable individuals, I am and ParaRescue personnel have all certain that SOCOM Legislative Af- cause the quality of asylum offered by Ira- made important contributions to mili- nian authorities was so poor. The close prox- fairs will miss Major O’Boyle’s positive imity of the camps to the border allowed tary operations and National Security and determined attitude and his effec- them to be shelled from Iraq, while basic over the past five decades, and today, I tive representation of the Command. services were lacking. When the Iraqis began rise to pay tribute to one member of Without a doubt though, the young Air returning to their country under question- that community, Major Randy able circumstances, UNHCR was not per- Commandos who will come under his O’Boyle, who is about to assume com- command at the 551st Training Squad- mitted access to the camps. mand of the 551st Flight Training ‘‘The deterioration of asylum is not only ron will benefit greatly from his tute- Squadron. an African phenomenon,’’ said Winter. ‘‘The lage. I am especially pleased to note problem can be found in every corner of the For the past several years, Major that Randy will pin on the silver oak world and even in our own backyards as the O’Boyle has been a tireless and diligent leaf of a Lieutenant Colonel on June 1, recent changes in U.S. asylum law shows,’’ advocate as the Deputy Director of I hope that he continues to enjoy great he said. The new U.S. asylum law, which Legislative Affairs for the United success in the years to come. went into effect in April, makes it harder for States Special Operations Command. asylum seekers to apply for asylum, in part In that capacity, he has worked closely f through a summary removal procedure for persons arriving with false documents, the with Senators, Representatives, and MESSAGES FROM THE HOUSE their staffers in order to explain the only way many asylum seekers can flee re- At 9:42 a.m., a message from the pressive governments. missions and needs of this unique, Other Western governments are also tak- joint-service Command. In the process House of Representatives, delivered by ing a more restrictive approach. In Germany, he has helped to give Members of Con- Ms. Goetz, one of its reading clerks, an- authorities are seeking to withdraw asylum gress a better understanding of the ca- nounced that the House agrees to the for Bosnians prematurely. Authorities there pabilities of our Nation’s special opera- following concurrent resolution, in recently ended temporary protected status tors and has provided us with the infor- which it requests the concurrence of for Bosnians and are beginning to send them the Senate: back to an unstable situation in Bosnia, mation necessary for us to help shape H. Con. Res. 84. Concurrent resolution es- which is short on housing, landmine sweep- policy and the future of our special tablishing the congressional budget for the ing, jobs, freedom of movement, and toler- warfare elements. U.S. Government for fiscal year 1998 and set- ance. Major O’Boyle was particularly effec- The 1997 World Refugee Survey reports ting forth appropriate budgetary levels for tive in his job as he brought with him fiscal years 1999, 2000, 2001, and 2002. that although the total number of refugees, to Washington both extensive experi- internally displaced people, and asylum seekers is at a seven-year low of roughly 34 ence as an Air Force Officer and as a At 1 p.m., a message from the House million people, the reasons are complex. special operator. An accomplished of Representatives, delivered by Ms. While human rights conditions have suffi- pilot, Randy O’Boyle has literally Goetz, one of its reading clerks, an- ciently improved for refugees to repatriate thousands of hours behind the stick of nounced that the House agrees to the to Guatemala, Haiti, Mozambique, and Cam- the Air Force’s Pave Low helicopter, following concurrent resolution, with- bodia, refugees elsewhere have been forcibly an aircraft specifically modified to sup- out amendment: repatriated to unsafe conditions. At least 18 port special operations. During Oper- S. Con. Res. 26. Concurrent resolution to countries, including the United States, forc- ation Just Cause, Randy demonstrated permit the use of the rotunda of the Capitol ibly expelled refugees or insufficiently for a congressional ceremony honoring screened asylum seekers in 1996. his abilities as a pilot and his coolness Founded in 1958, the U.S. Committee for under pressure as he flew combat oper- Mother Teresa. Refugees (USCR) is a private humanitarian ations in support of Army, Navy, and The message also announced that the agency which defends the rights of refugees, Air Force special forces personnel as House has passed the following bills, in asylum seekers, and displaced persons world- they fought to liberate Panama from which it requests the concurrence of wide. the grasp of the dictator Manuel the Senate: COUNTRIES THAT DAMAGED ASYLUM PRINCIPLES Noriega. Major O’Boyle’s experience H.R. 1306. An act to amend the Federal De- IN 1996 and expertise was put to good use a lit- posit Insurance Act to clarify the applica- (This is a selected list and should not be tle more than a year later during the bility of host State laws to any branch in viewed as comprehensive) Gulf War, where he played an instru- such State of an out-of-State bank. The Bahamas (denied asylum to Cubans) H.R. 1650. An act to authorize the Presi- Bangladesh (denied asylum to and forcibly mental role in helping to plan the coa- dent to award a gold medal on behalf of the repatriated Burmese) lition forces’ first strike into Iraq, Cote d’Ivoire (denied asylum to Liberians) Congress to Mother Teresa of Calcutta in kicking off Operation Desert Storm. recognition of her outstanding and enduring Germany (announced intention to forcibly His intimate knowledge of what is re- repatriate Bosnians) contributions through humanitarian and Ghana (denied asylum to Liberians) quired of both a successful tactical and charitable activities, and for other purposes. Hong Kong (forcibly repatriated Viet- planning officer provided Major namese) O’Boyle with an unusual insight to how At 4:09 p.m., a message from the Iran (provided inadequate asylum for Iraqi the Special Operations Command func- House of Representatives, delivered by Kurds and expelled Afghans) tions. His understanding of what the Ms. Goetz, one of its reading clerks, an- Lebanon (provided inadequate asylum to needs of Special Operations personnel nounced that the House has passed the Palestinians) Tanzania (forcibly repatriated Burundians are, from the newest member on a Spe- following bill, with an amendment, in and some Rwandans and denied asylum to cial Forces or SEAL Team to the Com- which it requests the concurrence of Burundians) mander of one of the SOCOM Theater the Senate:

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4878 CONGRESSIONAL RECORD — SENATE May 21, 1997 S. 543. An act to provide certain protec- legislation to make technical amendments tance and responsibility under title 10, tions to volunteers, nonprofit organizations, to the Museum and Library Services Act of United States Code, section 601: and governmental entities in lawsuits based 1996; to the Committee on Labor and Human To be lieutenant general on the activities of volunteers. Resources. Maj. Gen. John W. Handy, 0000 EC–1956. A communication from the Sec- f IN THE ARMY retary of Education, transmitting, a draft of MEASURE REFERRED proposed legislation entitled ‘‘The Adult The following-named officers for appoint- Basic Education and Literacy for the Twen- ment in the Reserve of the Army to the The Committee on Energy and Nat- ty-First Century Act’’; to the Committee on grade indicated under title 10, United States ural Resources was discharged from Labor and Human Resources. Code, section 12203: further consideration of the following EC–1957. A communication from the Sec- To be major general measure which was referred to the retary of Education and the Chief Executive Brig. Gen. James W. Darden, 0000 Committee on Indian Affairs: Officer of the Corporation for National Serv- Brig. Gen. Michael E. Dunlavey, 0000 S. 156. A bill to provide certain benefits of ice, transmitting jointly, a draft of proposed Brig. Gen. Michael T. Gaw, 0000 the Pick-Sloan Missouri River Basin pro- legislation entitled ‘‘The America Reads Brig. Gen. George O. Hillard III, 0000 gram to the Lower Brule Sioux Tribe, and Challenge Act of 1997’’; to the Committee on To be brigadier general Labor and Human Resources. for other purposes. Col. Richard W. Hammond, 0000 EC–1958. A communication from the Direc- Col. John R. Tindall, Jr., 0000 f tor of Communications and Legislative Af- Col. Gary C. Wattnem, 0000 fairs, U.S. Equal Employment Opportunity MEASURE PLACED ON THE Commission, transmitting, pursuant to law, IN THE MARINE CORPS CALENDAR a rule entitled ‘‘Increased Fine for Notice The following-named officer for appoint- The following measure was read and Posting Violations’’ received on May 12, 1997; ment in the U.S. Marine Corps to the grade indicated under title 10. United States Code, placed on the calendar: to the Committee on Labor and Human Re- sources. section 624: H. Con. Res. 84. Concurrent resolution es- EC–1959. A communication from the Chair- To be brigadier general tablishing the congressional budget for the man of the Harry S. Truman Scholarship U.S. Government for fiscal year 1998 and set- Col. Terry L. Paul, 0000 Foundation, transmitting, pursuant to law, IN THE NAVY ting forth appropriate budgetary levels for the annual report for calendar year 1996; to The following-named officers for appoint- fiscal years 1999, 2000, 2001, and 2002. the Committee on Labor and Human Re- ment in the U.S. Navy to the grade indicated sources. f under title 10, United States Code, section EC–1960. A communication from the Presi- 624: MEASURE READ THE FIRST TIME dent of the Memorial Fellow- To be rear admiral The following bill was read the first ship Foundation, transmitting, pursuant to time: law, the annual report for fiscal year 1996; to Rear Adm. (1h) Joan M. Engel, 0000 the Committee on Labor and Human Re- Rear Adm. (1h) Jerry K. Johnson, 0000 H.R. 1306. An act to amend the Federal De- sources. (The above nominations were reported posit Insurance Act to clarify the applica- EC–1961. A communication from the Dep- with the recommendation that they be con- bility of host State laws to any branch in uty Executive Director and Chief Operating firmed.) such State of an out-of-State bank. Officer of the Pension Benefit Guaranty Cor- Mr. THURMOND. Mr. President, for f poration, transmitting, pursuant to law, a the Committee on Armed Services, I rule entitled ‘‘Allocation of Assets’’ received EXECUTIVE AND OTHER on May 12, 1997; to the Committee on Labor report favorably 4 nomination lists in COMMUNICATIONS and Human Resources. the Air Force, Army, Marine Corps, and the Navy which were printed in The following communications were EC–1962. A communication from the Assist- ant Secretary of Education for Civil Rights, full in the CONGRESSIONAL RECORDS of laid before the Senate, together with transmitting, pursuant to law, the annual re- January 28, April 25 and 28, 1997, and accompanying papers, reports, and doc- port for fiscal year 1996; to the Committee on ask unanimous consent, to save the ex- uments, which were referred as indi- Labor and Human Resources. pense of reprinting on the Executive cated: EC–1963. A communication from the Acting Calendar, that these nominations lie at Assistant Secretary of Labor for Employ- EC–1950. A communication from the Chair- the Secretary’s desk for the informa- man of the National Defense Panel, trans- ment and Training, transmitting, pursuant to law, a rule entitled ‘‘Training and Em- tion of Senators. mitting, pursuant to law, the report of the The PRESIDING OFFICER. Without assessment of the May 1997 quadrennial de- ployment Guidance Letters No. 6–96, 7–96 re- fense review; to the Committee on Armed ceived on April 22, 1997; to the Committee on objection, it is so ordered. Services. Labor and Human Resources. (The nominations ordered to lie on EC–1951. A communication from the Direc- EC–1964. A communication from the Presi- the Secretary’s desk were printed in tor of the Washington Headquarters Serv- dent of the U.S. Institute of Peace, transmit- the RECORDS of January 28, April 25 and ices, Department of Defense, transmitting, ting, pursuant to law, the report of the audit 28, 1997, at the end of the Senate pro- pursuant to law, a rule entitled ‘‘Civilian for fiscal year 1996; to the Committee on ceedings.) Labor and Human Resources. Health’’ (RIN0720–AA40) received on May 16, * * In the Air Force there are 686 appoint- 1997; to the Committee on Armed Services. f ments to the grade of colonel and below (list EC–1952. A communication from the Sec- REPORTS OF COMMITTEES begins with Neal A. Andren) (Reference No. retary of U.S. Securities and Exchange Com- 172) mission, transmitting, pursuant to law, two The following reports of committees * * In the Army Reserve there are 41 ap- rules under the Investment Advisers Act of were submitted: pointments to the grade of colonel (list be- 1940 (RIN3235–AH07) received on May 16, 1997; By Mr. CAMPBELL, from the Committee gins with James A. Adkins) (Reference No. to the Committee on Banking, Housing, and on Indian Affairs, with an amendment in the 305) Urban Affairs. nature of a substitute: * * In the Navy there are 2 appointments EC–1953. A communication from the Assist- S. 459. A bill to amend the Native Amer- to the grade of commander and below (list ant General Counsel of the Department of ican Programs Act of 1974 to extend certain begins with Thomas P. Yavorski) (Reference Education, transmitting, pursuant to law, authorizations, and for other purposes (Rept. No. 308) five rules including a rule entitled ‘‘Tech- * * In the Navy there are 381 appointments No. 105–20). nology Innovation Challenge Grants’’ to the grade of captain and below (list begins (RIN1810–AA82); to the Committee on Labor f with Craig L. Herrick) (Reference No. 309) and Human Resources. EXECUTIVE REPORTS OF f EC–1954. A communication from the Direc- tor of the Regulations Policy, Management COMMITTEES INTRODUCTION OF BILLS AND Staff, Office of Policy, Food and Drug Ad- The following executive reports of JOINT RESOLUTIONS ministration, Department of Health and committees were submitted: The following bills and joint resolu- Human Services, transmitting, pursuant to By Mr. THURMOND, from the Committee law, five rules including a rule entitled tions were introduced, read the first on Armed Services: ‘‘Drug Labeling’’ (RIN0910–AA45); to the and second time by unanimous con- Committee on Labor and Human Resources. IN THE AIR FORCE sent, and referred as indicated: EC–1955. A communication from the Direc- The following-named officer for appoint- By Mr. MURKOWSKI: tor of the Institute of Museum and Library ment in the U.S. Air Force to the grade indi- S. 771. A bill to regulate the transmission Services, transmitting, a draft of proposed cated while assigned to a position of impor- of unsolicited commercial electronic mail,

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4879 and for other purposes; to the Committee on S. 771. A bill to regulate the trans- am introducing today, the Unsolicited Commerce, Science, and Transportation. mission of unsolicited commercial elec- Commercial Electronic Mail Choice By Mr. SPECTER (for himself, Mr. tronic mail, and for other purposes; to Act of 1997, I have not chosen to take COVERDELL, and Mr. HUTCHINSON): the Committee on Commerce, Science, such a sweeping and unilateral ap- S. 772. A bill to establish an Office of Reli- gious Persecution Monitoring, to provide for and Transportation. proach because the Internet is about the imposition of sanctions against countries THE UNSOLICITED COMMERCIAL ELECTRONIC choices, not outright bans. engaged in a pattern of religious persecution, MAIL CHOICE ACT OF 1977 What my bill does is to require the and for other purposes; to the Committee on Mr. MURKOWSKI. Mr. President, I use of the word ‘‘Advertisement’’ in the Foreign Relations. rise today to introduce legislation that subject line of any unsolicited commer- By Mr. DURBIN (for himself, Mr. will address one of the major com- cial e-mail, along with the sender’s TORRICELLI, Ms. MOSELEY-BRAUN, plaints of Internet users—the prolifera- real address, real e-mail address, and Mrs. MURRAY, Mr. FEINGOLD, Mr. tion of unsolicited e-mail advertise- telephone number in the body of the KENNEDY, Mr. KERRY, Mrs. BOXER, ments, junk e-mail, or so-called spam. message. This requirement will em- and Mr. REED): S. 773. A bill to designate certain Federal Mr. President, in the span of 5 years, power Internet users to filter out mes- lands in the State of Utah as wilderness, and an entirely new method of commerce sages that they do not want to receive. for other purposes; to the Committee on En- and communication—electronic mail Spam generators who refuse to abide ergy and Natural Resources. on the Internet—has spread around the by this requirement could face legal By Mr. CRAIG (for himself and Mr. world. Along with the benefits of this action from private citizens, state at- KEMPTHORNE): revolutionary technology, there are torneys general, and/or the Federal S. 774. A bill to provide for the stabiliza- some negative byproducts that can Trade Commission. FTC or state action tion, enhancement, restoration, and manage- only damage the integrity of this new could result in civil penalties of up to ment of the Coeur d’Alene River basin water- shed; to the Committee on Environment and communications medium. $11,000 per incident and, more impor- Public Works. Because of technological advances, tantly, cease and desist orders. Private By Mr. JEFFORDS (for himself, Mr. Internet e-mail has also become a very citizens bringing suit could recover KOHL, Mr. GRAMS, Mr. D’AMATO, Ms. inexpensive means of distributing end- $5,000 plus reasonable attorney’s fees. COLLINS, Mr. DASCHLE, Mr. LEAHY, less e-mails solicitations that not only Internet users can also choose not to Mr. SMITH of New Hampshire, Mr. annoy but can also defraud recipients. unilaterally block all unsolicited com- GRASSLEY, Ms. SNOWE, and Mr. KEN- Moreover, the growth of junk e-mail mercial e-mails. Instead, they can send NEDY): can clog e-mail distribution networks removal requests to specific mailing S. 775. A bill to amend the Internal Rev- enue Code of 1986 to exclude gain or loss from and overtax the ability of service pro- lists with further transmissions re- the sale of livestock from the computation viders to distribute legitimate commu- quired to end within 48 hours. of capital gain net income for purposes of the nications. Moreover, Internet Service Pro- earned income credit; to the Committee on With a minimal equipment invest- viders, such as America Online or Finance. ment, any individual or business has Network, would be required By Mr. GRAHAM (for himself and Mr. the capability to transmit unsolicited to filter out all e-mails with the word MACK): advertisements to thousands of people ‘‘Advertisement’’ in the subject line S. 776. A bill to amend title XVIII of the nationwide each hour with the click of when a consumer so requests. Large Social Security Act to provide for an in- a mouse. As technology advances, service providers would have 1 year, crease in update for certain hospitals with a high proporation of medicare patients; to the thousands will turn into millions, and from the date of enactment, to imple- Committee on Finance. junk e-mail could overwhelm cyber- ment this requirement. Smaller Inter- By Mr. JOHNSON (for himself, Mr. space. net Service Providers would have 2 DASCHLE, Mr. WELLSTONE, Mr. Junk e-mail is known in the trade by years to meet this requirement. Inter- GRAMS, Mr. HARKIN, and Mr. GRASS- the derisive term of ‘‘spam.’’ Based net Service Providers would also be re- LEY): upon the content of many of these e- quired to cut off service to those who S. 777. A bill to authorize the construction mails, I’d be insulted if I were an em- use their services to send out unsolic- of the Lewis and Clark Rural Water System ployee of Hormel, the creator of the ited commercial e-mails in violation of and to authorize assistance to the Lewis and Clark Rural Water System, Inc., a nonprofit real Spam. the provisions of the act. corporation, for planning and construction of Mr. President, not only is junk e- Mr. President, I want to point out the water supply system, and for other pur- mail an annoyance, but for many what this bill does not attempt to do. poses; to the Committee on Energy and Nat- Americans, especially citizens living in It does not ban unsolicited commercial ural Resources. rural States like Alaska, there is a real e-mails as some have suggested. I have By Mr. LUGAR: out-of-pocket cost they must pay to re- not chosen an outright ban because I S. 778. A bill to authorize a new trade and ceive these unsolicited advertisements. support the business practices of those investment policy for sub-Saharan African; When an on-line subscriber in rural who flood inboxes with sales pitches for to the Committee on Finance. Alaska or Montana, logs on to a net- worthless vitamin products and multi- f work server, such as America OnLine, level marketing schemes. Quite the SUBMISSION OF CONCURRENT AND to check to see if there is e-mail, the contrary, I abhor such solicitations. SENATE RESOLUTIONS subscriber often must pay a long dis- But I do not want to set a precedent tance charge. If there is no e-mail in in banning commercial speech on the The following concurrent resolutions his on-line mailbox, the subscriber’s Internet. Although these unsolicited and Senate resolutions were read, and long distance charge may only cover 1 advertisements are annoying, I do not referred (or acted upon), as indicated: minute. However, if there are 25 mes- believe that is a basis for an outright By Mr. D’AMATO: sages in his mailbox, 24 of which are ban. A better approach is to simply ig- S. Res. 88. A resolution to express the sup- unsolicited e-mail ads, his long dis- nore them by filtering them out. If port of the Senate for programs such as the tance charges could triple or quad- enough Americans choose to filter out JumpStart Coalition for Personal Financial ruple. such e-mail messages, I seriously doubt Literacy; to the Committee on Banking, Housing, and Urban Affairs. So what the rural on-line user is that anyone will bother to send out By Mr. LOTT: forced to do is to pay for the privilege such e-mails in the future since the S. Res. 89. A resolution to constitute the of receiving junk e-mail and then hav- cyberspace market will no longer be majority party’s membership on the Govern- ing to waste his time hitting his delete there. mental Affairs Committee for the 105th Con- button to empty this junk out of his I would also note that this bill does gress, or until their successors are chosen; mail box. not impact automated mailing lists, e- considered and agreed to. Mr. President, we ought to do some- mails between friends, or e-mails be- f thing to end this practice. In 1991, Con- tween businesses and their customers gress passed the Automated Telephone when there is a preexisting business re- STATEMENTS ON INTRODUCED Consumer Protection Act that con- lationship. BILLS AND JOINT RESOLUTIONS tained a provision which banned unso- Mr. President, the Internet is about By Mr. MURKOWSKI: licited fax transmissions. In the bill I choices, not bans. The Unsolicited

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00099 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4880 CONGRESSIONAL RECORD — SENATE May 21, 1997 Commercial Electronic Mail Message and threatens the integrity of commerce on graph (2) information on the actions taken Choice Act of 1997 should restore to the Internet. by the Commission under subsection consumers and businesses the right to (11) Internet service providers are burdened (a)(1)(B). be free from endless e-mail solicita- by the cost of equipment necessary to proc- (3) ASSISTANCE OF FEDERAL COMMUNICA- ess unsolicited commercial electronic mail. TIONS COMMISSION.—The Federal Communica- tions. It will be up to the consumer to (12) To facilitate the development of com- tions Commission may assist the Commis- decide if he or she wants to receive merce and communication on the Internet, sion in carrying out its duties this section. such messages. That is the way I be- unsolicited commercial electronic mail SEC. 5. ACTIONS BY STATES. lieve Americans want it. They don’t should be readily identifiable and filterable (a) IN GENERAL.—Whenever an attorney want government telling them what by individuals and Internet service pro- general of any State has reason to believe they can receive, but they want right viders. that the interests of the residents of that to decide for themselves. SEC. 3. REQUIREMENTS RELATING TO TRANS- State have been or are being threatened or Mr. President, as I said earlier, this MISSIONS OF UNSOLICITED COM- adversely affected because any person is en- MERCIAL ELECTRONIC MAIL. gaging in a pattern or practice of the trans- is a very new technology and it is not (a) INFORMATION ON ADVERTISEMENT.— mission of electronic mail in violation of a my intention to hinder it’s develop- (1) REQUIREMENT.—Unless otherwise au- provision of section 3 or 7, the State, as ment nor interfere with legitimate thorized pursuant to a provision of section 7, parens patriae, may bring a civil action on commerce transacted on the Internet. I a person who transmits an electronic mail behalf of its residents to enjoin such trans- look forward to working with my col- message as part of the transmission of unso- mission, to enforce compliance with the pro- leagues to pass legislation that re- licited commercial electronic mail shall vision, to obtain damages or other com- solves this problem. cause to appear in each electronic mail mes- pensation on behalf of its residents, or to ob- I ask unanimous consent that the sage transmitted as part of such trans- tain such further and other relief as the mission the information specified in para- court considers appropriate. text of the bill be printed in the graph (3). (b) NOTICE TO COMMISSION.— RECORD. (2) PLACEMENT.— (1) NOTICE.—The State shall serve prior There being no objection, the bill was (A) ADVERTISEMENT.—The information written notice of any civil action under this ordered to be printed in the RECORD, as specified in subparagraph (A) of paragraph section upon the Commission and provide follows: (3) shall appear as the first word of the sub- the Commission with a copy of its com- S. 771 ject line of the electronic mail message with- plaint, except that if it is not feasible for the Be it enacted by the Senate and House of Rep- out any prior text or symbol. State to provide such prior notice, the State resentatives of the United States of America in (B) OTHER INFORMATION.—The information shall serve written notice immediately upon Congress assembled, specified in subparagraph (B) of that para- instituting such action. IGHTS OF COMMISSION SECTION 1. SHORT TITLE. graph shall appear prominently in the body (2) R .—Upon receiving This Act may be cited as the ‘‘Unsolicited of the message. a notice with respect to a civil action under Commercial Electronic Mail Choice Act of (3) COVERED INFORMATION.—The following paragraph (1), the Commission shall have the 1997’’. information shall appear in an electronic right— mail message under paragraph (1): (A) to intervene in the action; SEC. 2. FINDINGS. (A) The term ‘‘advertisement’’. (B) upon so intervening, to be heard in all Congress makes the following findings: (B) The name, physical address, electronic matters arising therein; and (1) The Internet is a worldwide network of mail address, and telephone number of the (C) to file petitions for appeal. information that growing numbers of Ameri- person who initiates transmission of the (c) ACTIONS BY COMMISSION.—Whenever a cans use on a regular basis for educational message. civil action has been instituted by or on be- and personal activities. (b) ROUTING INFORMATION.—All Internet half of the Commission for violation of a pro- (2) Electronic mail messages transmitted routing information contained within or ac- vision of section 3 or 7, no State may, during on the Internet constitute an increasing per- companying an electronic mail message de- the pendency of such action, institute a civil centage of communications in the United scribed in subsection (a) shall be valid ac- action under this section against any defend- States. cording to the prevailing standards for Inter- ant named in the complaint in such action (3) Solicited commercial electronic mail is net protocols. for violation of any provision as alleged in a useful and cost-effective means for Ameri- (c) EFFECTIVE DATE.—The requirements in the complaint. cans to receive information about a business this section shall take effect 30 days after (d) CONSTRUCTION.—For purposes of bring- and its products. the date of enactment of this Act. ing a civil action under subsection (a), noth- (4) The number of transmissions of unsolic- SEC. 4. FEDERAL REGULATION OF UNSOLICITED ing in this section shall prevent an attorney ited commercial electronic mail advertise- COMMERCIAL ELECTRONIC MAIL. general from exercising the powers conferred ments has grown exponentially over the past (a) TRANSMISSIONS.— on the attorney general by the laws of the several years as the technology for creating (1) IN GENERAL.—Upon notice from a person State concerned to conduct investigations or and transmitting such advertisements in of the person’s receipt of electronic mail in to administer oaths or affirmations or to bulk has made the costs of distribution of violation of a provision of section 3 or 7, the compel the attendance of witnesses or the such advertisements minimal. Commission— production of documentary or other evi- (5) Individuals have available no effective (A) may conduct an investigation to deter- dence. means of differentiating between unsolicited mine whether or not the electronic mail was (e) VENUE; SERVICE OF PROCESS.—Any civil commercial electronic mail advertisements transmitted in violation of the provision; action brought under subsection (a) in a dis- and other Internet communications. and trict court of the United States may be (6) The transmitters of unsolicited com- (B) if the Commission determines that the brought in the district in which the defend- mercial electronic mail advertisements can electronic mail was transmitted in violation ant is found, is an inhabitant, or transacts easily move from State to State. of the provision, may— business or wherever venue is proper under (7) Individuals and businesses that receive (i) impose upon the person initiating the section 1391 of title 28, United States Code. unsolicited commercial electronic mail ad- transmission a civil fine in an amount not to Process in such an action may be served in vertisements often pay for the costs of such exceed $11,000; any district in which the defendant is an in- receipt, including the costs of Internet ac- (ii) commence in a district court of the habitant or in which the defendant may be cess and long distance telephone charges. United States a civil action to recover a civil found. (8) Unsolicited commercial electronic mail penalty in an amount not to exceed $11,000 (f) ACTIONS BY OTHER STATE OFFICIALS.— can be used to advertise legitimate services against the person initiating the trans- Nothing in this section may be construed to and goods but is also used for fraudulent and mission; or prohibit an authorized State official from deceptive purposes in violation of Federal (iii) both impose a fine under clause (i) and proceeding in State court on the basis of an and State law. commence an action under clause (ii). alleged violation of any civil or criminal (9) Individuals and companies that use un- (2) DEADLINE.—The Commission may not statute of the State concerned. solicited commercial electronic mail for take action under paragraph (1)(B) with re- (g) DEFINITION.—In this section, the term fraudulent and deceptive purposes often use spect to a transmission of electronic mail ‘‘attorney general’’ means the chief legal of- fraudulent identification information in more than 2 years after the date of the trans- ficer of a State. such electronic mail, making it impossible mission. SEC. 6. INTERNET SERVICE PROVIDERS. for a recipient to request to be removed from (b) ADMINISTRATION.— (a) EXEMPTION FOR CERTAIN TRANS- the mailing list or for law enforcement au- (1) NOTICE BY ELECTRONIC MEANS.—The MISSIONS.—The provisions of this Act shall thorities to identify the sender. Commission shall establish an Internet web not apply to a transmission of electronic (10) The inability of recipients of unsolic- site with an electronic mail address for the mail by an interactive computer service pro- ited commercial electronic mail to identify receipt of notices under subsection (a). vider unless the provider initiates the trans- the senders of such electronic mail or to pre- (2) INFORMATION ON ENFORCEMENT.—The mission. vent its receipt impedes the flow of com- Commission shall make available through (b) NOTICE OF TRANSMISSIONS FROM COMMIS- merce and communication on the Internet the Internet web site established under para- SION.—Not later than 72 hours after receipt

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from the Commission of notice that its com- (g) DEFINITION.—In this section, the term join the violation, to enforce compliance puter equipment may have been used by an- ‘‘interactive computer service provider’’ has with the provision, to obtain damages, or to other person to initiate a transmission of the meaning given that term in section obtain such further and other relief as the electronic mail in violation of a provision of 230(e)(2) of the Communications Act of 1934 court considers appropriate. section 3 or 7, an interactive computer serv- (47 U.S.C. 230(e)(2)). (b) DAMAGES.— ice provider shall— SEC. 7. RECEIPT OF TRANSMISSIONS BY PRIVATE (1) IN GENERAL.—The amount of damages in (1) provide the Commission such informa- PERSONS. an action under this section for a violation tion as the Commission requires in order to (a) TERMINATION OF TRANSMISSIONS.— specified in subsection (a) may not exceed determine whether or not the computer (1) REQUEST.—A person who receives a $5,000 per violation. equipment of the provider was used to ini- transmission of unsolicited commercial elec- (2) RELATIONSHIP TO OTHER DAMAGES.— tiate the transmission; and tronic mail not otherwise authorized under Damages awarded for a violation under this (2) if the Commission determines that the this section may request, by electronic mail subsection are in addition to any other dam- computer equipment of the provider was to the same electronic mail address from ages awardable for the violation under any used to initiate the transmission, take ap- which the transmission originated, the ter- other provision of law. propriate actions to terminate the use of its mination of transmissions of such mail by (c) COST AND FEES.—The court, in issuing computer equipment by that person. the person initiating the transmission. any final order in any action brought under (c) NOTICE OF TRANSMISSIONS FROM PRIVATE (2) DEADLINE.—A person receiving a re- subsection (a), may award costs of suit and INDIVIDUALS.— quest for the termination of transmissions of reasonable attorney fees and expert witness (1) IN GENERAL.—Subject to paragraph (2), electronic mail under this subsection shall fees for the prevailing party. not later than 14 days after receipt from a cease initiating transmissions of electronic (d) VENUE; SERVICE OF PROCESS.—Any civil private person of notice that its computer mail to the person submitting the request action brought under subsection (a) in a dis- equipment may have been used by another not later than 48 hours after receipt of the trict court of the United States may be person to initiate a transmission of elec- request. brought in the district in which the defend- tronic mail in violation of a provision of sec- (b) AFFIRMATIVE AUTHORIZATION OF TRANS- ant is found, is an inhabitant, or transacts tion 3 or 7, an interactive computer service MISSIONS WITHOUT INFORMATION.— business or wherever venue is proper under provider shall— (1) IN GENERAL.—Subject to paragraph (2), a section 1391 of title 28, United States Code. (A) transmit the notice to the Commission person may authorize another person to ini- Process in such an action may be served in together with such information as the Com- tiate transmissions to the person of unsolic- any district in which the defendant is an in- mission requires in order to determine ited commercial electronic mail without in- habitant or in which the defendant may be whether or not the computer equipment of clusion in such transmissions of the informa- found. the provider was used to initiate the trans- tion required by section 3. SEC. 9. RELATION TO STATE LAWS. mission; and (2) TERMINATION.— (a) STATE LAW APPLICABLE UNLESS INCON- (B) if the Commission determines that the (A) NOTICE.—A person initiating trans- SISTENT.—The provisions of this Act do not computer equipment of the provider was missions of electronic mail under paragraph annul, alter, or affect the applicability to used to initiate the transmission, take ap- (1) shall include, with each transmission of any person, or otherwise exempt from the propriate actions to terminate the use of its such mail to a person authorizing the trans- applicability to any person, of the laws of computer equipment by that person. mission under that paragraph, notice that any State with respect to the transmission (2) MINIMUM NOTICE REQUIREMENT.—An the person authorizing the transmission may of unsolicited commercial electronic, except interactive computer service provider shall request at any time the recommencement of to the extent that those laws are incon- transmit a notice under paragraph (1) with the inclusion in such transmissions of the in- sistent with any provision of this Act, and respect to a particular transmission of elec- formation required by section 3. then only to the extent of the inconsistency. tronic mail only if the provider receives no- (B) DEADLINE.—A person receiving a re- (b) REQUIREMENT RELATING TO DETERMINA- tice with respect to the transmission from quest under this paragraph shall include the TION OF INCONSISTENCY.—The Commission more than 100 private persons. information required by section 3 in all may not determine that a State law is incon- (d) BLOCKING SYSTEMS.— transmissions of unsolicited commercial sistent with a provision of this Act if the (1) REQUIREMENT.—Each interactive com- electronic mail to the person making the re- Commission determines that such law places puter service provider shall make available quest beginning not later than 48 hours after greater restrictions on the transmission of to subscribers to such service a system per- receipt of the request. unsolicited commercial electronic mail than mitting such subscribers, upon the affirma- (c) CONSTRUCTIVE AUTHORIZATION OF are provided for under such provision. tive electronic request of such subscribers, TRANSMISSIONS WITHOUT INFORMATION.— SEC. 10. DEFINITIONS. to block the receipt through such service of (1) IN GENERAL.—Subject to paragraph (2), a In this Act: any electronic mail that contains the term person who secures a good or service from, or (1) COMMERCIAL ELECTRONIC MAIL.—The ‘‘advertisement’’ in its subject line. otherwise responds electronically to, an offer term ‘‘commercial electronic mail’’ means (2) NOTICE OF AVAILABILITY.—Upon the ap- in a transmission of unsolicited commercial any electronic mail that— plicability of this subsection to an inter- electronic mail shall be deemed to have au- (A) contains an advertisement for the sale active computer service provider, the pro- thorized transmissions of such mail without of a product or service; vider shall— inclusion of the information required under (B) contains a solicitation for the use of a (A) notify each current subscriber, if any, section 3 from the person who initiates the toll-free telephone number or a telephone to the service of the blocking system pro- transmission providing the basis for such au- number with a 900 prefix the use of which vided for under paragraph (1); and thorization. connects the user to a person or service that (B) notify any new subscribers to the serv- (2) TERMINATION.— advertises the sale of or sells a product or ice of the blocking system. (A) REQUEST.—A person deemed to have au- service; or (3) BLOCKING BY PROVIDER.—An interactive thorized the transmissions of electronic mail (C) contains a list of one or more Internet computer service provider may, upon its own under paragraph (1) may request at any time sites that contain an advertisement referred initiative, block the receipt through its serv- the recommencement of the inclusion in to in subparagraph (A) or a solicitation re- ice of any electronic mail that contains the such transmissions of the information re- ferred to in subparagraph (B). term ‘‘advertisement’’ in its subject line. quired by section 3. (2) COMMISSION.—The term ‘‘Commission’’ (4) APPLICABILITY.—The requirements in (B) DEADLINE.—A person receiving a re- means the Federal Trade Commission. paragraphs (1) and (2) shall apply— quest under this paragraph shall include the (3) STATE.—The term ‘‘State’’ means any (A) beginning 1 year after the date of en- information required by section 3 in all State of the United States, the District of actment of this Act, in the case of an inter- transmissions of unsolicited commercial Columbia, Puerto Rico, Guam, American active computer service provider having electronic mail to the person making the re- Samoa, the United States Virgin Islands, the more than 25,000 or more subscribers; and quest beginning not later than 48 hours after Commonwealth of the Northern Mariana Is- (B) beginning 2 years after that date, in receipt of the request. lands, the Republic of the Marshall Islands, the case of an interactive computer service (d) EFFECTIVE DATE OF TERMINATION RE- the Federated States of Micronesia, the Re- provider having less than 25,000 subscribers. QUIREMENTS.—Subsections (a), (b)(2), and public of Palau, and any possession of the (e) RECORDS.—An interactive computer (c)(2) shall take effect 30 days after the date United States. service provider shall retain records of any of enactment of this Act. action taken on a notice received under this SEC. 8. ACTIONS BY PRIVATE PERSONS. By Mr. SPECTER (for himself, section for not less than 2 years after the (a) IN GENERAL.—Any person adversely af- Mr. COVERDELL and Mr. HUTCH- date of receipt of the notice. fected by a violation of a provision of section INSON): (f) CONSTRUCTION.—Nothing in this section 3 or 7, or an authorized person acting on such S. 772. A bill to establish an Office of may be construed to require an interactive person’s behalf, may, within 1 year after dis- computer service provider to transmit or covery of the violation, bring a civil action Religious Persecution Monitoring, to otherwise deliver any electronic mail mes- in a district court of the United States provide for the imposition of sanctions sage containing the term ‘‘advertisement’’ in against a person who has violated the provi- against countries engaged in a pattern its subject line. sion. Such an action may be brought to en- of religious persecution, and for other

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4882 CONGRESSIONAL RECORD — SENATE May 21, 1997 purposes; to the Committee on Foreign opia, Christians are systematically de- evision show in Pittsburgh, hosted by Relations. nied their religious liberties. Muslims Tom Hinkling. The public response to THE FREEDOM FROM RELIGIOUS PERSECUTION have also been singled out for persecu- these programs and my legislative ef- ACT OF 1997 tion in countries such as Burma, where forts to combat religious persecution Mr. SPECTER. Mr. President, I have Muslims are forced to relocate to unde- has been overwhelming. People from sought recognition today to once again sirable areas and where Muslims are across the country have contacted me address the subject of religious perse- often denied educational opportunities. to urge me to continue the fight until cution. I have stood here before de- Several examples illustrate the grav- Christians, Muslims, Jews, and others scribing the horrible tragedies occur- ity of the problem. The Sudanese Gov- can practice their faith in any country ring in many parts of the world. Sadly, ernment continues to essentially wage without fear of reprisal. very little has been done to combat the a war against its Christian population. The time has come for the United problem. That is why I am introducing Reports detail the forced enslavement States to stand up for the right of all the Freedom From Religious Persecu- and conversion of the Christian popu- people to enjoy the fundamental free- tion Act of 1997. lations from the southern regions of dom of religious faith. That is why I Religious persecution is a subject of Sudan. The Government bombs and am introducing legislation with Con- great personal interest. Both of my burns Christians villages, has taken gressman WOLF that will establish the parents, my father from the Ukraine, more than 30,000 Christian children as position of Senior Advisor to the Presi- my mother from a small town on the slaves in the last 6 years, and tortures dent dedicated to combating religious Polish-Russian border, came to this Christian worshipers and their priests. persecution overseas. country to avoid religious persecution. In Pakistan in February of this year, This legislation will also define de- Freedom from religious persecution is thousands of Christians were attacked, grees of religious persecution and will a concept fundamental to the ideals of many houses and six churches were set impose sanctions on offending entities. this country and to peoples every- on fire. Nearly 1,000 families were liv- Degrees of religious persecution are de- where. ing in tents after being driven from fined by two categories of activity. The Christians and other religious mi- their homes by rioters. Where was the first is when religious persecution is norities have been and continue to be Government to stop this terror? Where ongoing and widespread and is carried the victims of discrimination, rape, were the police? out by the government or with the gov- torture, enslavement, imprisonment, Persecution of Christians is by no ernment’s support. The second is when and even murder, because of their reli- means limited to the Islamic world. there is religious persecution that is gious beliefs. This persecution con- China continues to be one of the worst not carried out with government sup- tinues today, often without diplomatic offenders. At least 75 million Chris- port, but where the government fails to or other consequences for the offending tians live in China but cannot practice take serious efforts to eliminate the regime. Christians are not the only their religion. Roman Catholics and persecution. ones being persecuted. Muslims and Protestant Chinese are imprisoned and The legislation will ban exports to followers of other religions are also tortured for holding worship, preach- the specific foreign government entity singled out for their beliefs. ing, or distributing bibles without per- that carries out the persecution. These In January 1996, the White House mission. sanctions would take effect imme- promised that a new senior advisor po- This past August 1996, I traveled to diately upon the identification of the sition would be created in the Office of China and met with Chinese Vice-Pre- relevant entities and products. Addi- the President dedicated specifically to mier Qian Qichen to express my strong tional sanctions would take effect after the issue of religious persecution over- concerns about religious persecution in 90 days or 1 year depending on the level seas. No such position was ever cre- his country. On September 12, 1996, of persecution. In addition, the legisla- ated. Instead, President Clinton estab- however, Chinese Premier Li Ping re- tion includes immediate sanctions lished a committee in the State De- leased a statement warning the Chi- against Sudan, a country where reli- partment that will report to the Sec- nese people that the free exercise of gious persecution is particularly egre- retary of State and will advise the Sec- their religious faith could result in gious. retary on violations of religious free- harsh retribution. This legislation requests more than doms abroad. The committee has since In August 1996 I also visited Saudi just another report by the State De- met, months have gone by, but still no Arabia and met with Crown Prince partment. It is serious and it is tough. action has been taken. Mr. President, I Abdullah to discuss the restrictions This legislation commits the United and many of my colleagues agree that that country has on religious practices. States to real action. There is no more the time for action is now. We do not I was deeply troubled by the fact that time for talk. need more reviews and studies or more United States troops stationed in Mr. President, I ask unanimous con- advice on the subject. The instances of are not permitted to ex- sent that the full text of the bill be in- ercise their religious beliefs or even fly religious persecution are well docu- serted into the RECORD. mented. We need action. the American flag. According to the There being no objection, the bill was Pueblo Program on Religious Freedom At the end of the 104th Congress, I in- ordered to be printed in the RECORD, as troduced Senate Resolution 283, which of Freedom House, the Saudi Govern- follows: discussed the need for quick, decisive ment has even insisted that the United S. 772 action and called upon the President to States Government restrict Christian appoint a White House advisor on reli- worship by American citizens on Be it enacted by the Senate and House of Rep- resentatives of the United States of America in gious persecution. After that, I worked United States Embassy grounds in Congress assembled, with Senators NICKLES, Nunn, and Saudi Arabia. American officials have SECTION 1. SHORT TITLE. COATS on a broader Senate Concurrent apparently acquiesced to some of these This Act may be cited as the ‘‘Freedom Resolution, 71, which included my pro- demands by, for example, restricting From Religious Persecution Act of 1997’’. visions on a White House Senior Advi- Christian services at the Embassy in SEC. 2. FINDINGS. sor on religious persecution. Senate Riyadh and prohibiting Christmas serv- The Congress makes the following findings: Concurrent Resolution 71, which I co- ices for United States troops defending (1) Governments have a primary responsi- sponsored, passed the Senate by voice Saudi interests during the gulf war. bility to promote, encourage, and protect re- vote but there was insufficient time re- Other examples of such persecution spect for the fundamental and internation- maining in the 104th Congress to secure of Christians and other religious mi- ally recognized right to freedom of religion. passage in the House. norities abound. Earlier this year, I (2) The right to freedom of religion is rec- So today, the persecution of Chris- discussed the broad issue of religious ognized by numerous international agree- tians and other religious minorities persecution on the ‘‘Capitol Enlighten- ments and covenants, including the fol- lowing: continues to grow, often without diplo- ment’’ radio show in Virginia with host (A) Article 18 of the Universal Declaration matic or other consequences for the of- Bill Fenton and Jim Jacobson, presi- of Human Rights states that ‘‘Everyone has fending regime. In countries such as dent of Christian Solidarity Inter- the right to freedom of thought, conscience Saudi Arabia, Sudan, China, and Ethi- national, and on ‘‘The Diner’’ cable tel- and religion; this right includes freedom to

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4883 change his religion or belief, and freedom, ei- prisonment, forced mass resettlement, rape, Office of Religious Persecution Monitoring ther alone or in community with others and or crucifixion or other forms of torture. (hereafter in this Act referred to as the ‘‘Of- in public or private, to manifest his religion (B) CATEGORY 1 RELIGIOUS PERSECUTION.— fice’’). or belief in teaching, practice, worship and Category 1 religious persecution is religious (b) APPOINTMENT.—The head of the Office observance’’. persecution that is conducted with the in- shall be a Director who shall be appointed by (B) Article 18 of the Covenant on Civil and volvement or support of government officials the President, by and with the advice and Political Rights declares that ‘‘Everyone or its agents, or as part of official govern- consent of the Senate. The Director shall re- shall have the right to freedom of thought, ment policy. ceive compensation at the rate of pay in ef- conscience, and religion . . .’’ and further (C) CATEGORY 2 RELIGIOUS PERSECUTION.— fect for level IV of the Executive Schedule delineates the privileges under this right. Category 2 religious persecution is religious under section 5315 of title 5, United States (3) Persecution of religious believers, par- persecution that is not conducted with the Code. ticularly Roman Catholic and evangelical involvement or support of government offi- (c) REMOVAL.—The Director shall serve at Protestant Christians, in Communist coun- cials or its agents, or as part of official gov- the pleasure of the President. tries, such as Cuba, Laos, the People’s Re- ernment policy, but which the government (d) BARRED FROM OTHER FEDERAL POSI- public of China, , and Vietnam, fails to undertake serious and sustained ef- TIONS.—No person shall serve as Director persists and in some cases is increasing. forts to eliminate. while serving in any other position in the (4) In many Islamic countries and regions (5) RESPONSIBLE ENTITIES.—The term ‘‘re- Federal Government. thereof, governments persecute non-Muslims sponsible entities’’ means the specific gov- (e) RESPONSIBILITIES OF DIRECTOR.—The Di- and religious converts from using ernment departments, agencies, or units rector shall do the following: means such as ‘‘blasphemy’’ and ‘‘apostasy’’ which directly carry out acts of religious (1) Consider the facts and circumstances of laws, and militant movements seek to cor- persecution. violations of religious freedom presented in rupt a historically tolerant Islamic faith and (6) SANCTIONED COUNTRY.—The term ‘‘sanc- the annual reports of the Department of culture through the persecution of Baha’is, tioned country’’ means a country on which State on human rights under sections 116(d) Christians, and other religious minorities. sanctions have been imposed under section 7. and 502B(b) of the Foreign Assistance Act of (5) The militant, Islamic Government of (7) UNITED STATES ASSISTANCE.—The term 1961 (22 U.S.C. 2151n(d) and 2304(b)). Sudan is waging a self-described religious ‘‘United States assistance’’ means— (2) Consider the facts and circumstances of war against Christian, non-Muslim, and mod- (A) any assistance under the Foreign As- violations of religious freedom presented by erate Muslim persons by using torture, star- sistance Act of 1961 (including programs independent human rights groups and non- vation, enslavement, and murder. under title IV of chapter 2 of part I of that governmental organizations. (6) In Tibet, where Tibetan Buddhism is in- Act, relating to the Overseas Private Invest- (3) In consultation with the Secretary of extricably linked to the Tibetan identity, ment Corporation), other than— State, make policy recommendations to the the Government of the People’s Republic of (i) assistance under chapter 8 of part I of President regarding the policies of the China has intensified its control over the Ti- that Act; United States Government toward govern- betan people by perverting the selection of (ii) any other narcotics-related assistance ments which are determined to be engaged in the Panchen Lama, propagandizing against under part I of that Act, (including chapter religious persecution. the religious authority of the Dalai Lama, 4 of part II of that Act), but any such assist- (4) Prepare and submit the annual report restricting religious study and traditional ance provided under this clause shall be sub- described in section 6, including the deter- religious practices, and increasing the perse- ject to the prior notification procedures ap- mination whether a particular country is en- cution of monks and nuns. plicable to reprogrammings pursuant to sec- gaged in category 1 or category 2 religious (7) The United States Government is com- tion 634A of that Act; persecution, and identify the responsible en- mitted to the right to freedom of religion (iii) disaster relief assistance, including tities within such countries. This informa- and its policies and relations with foreign any assistance under chapter 9 of part I of tion shall be published in the Federal Reg- governments should be consistent with the that Act; ister. commitment to this principle. (iv) assistance which involves the provision (5) Maintain the lists of persecution facili- (8) The 104th Congress recognized the facts of food (including monetization of food) or tating products, goods, and services, and the set forth in this section and stated clearly medicine; and responsible entities within countries deter- the sense of the Senate and the House of (v) assistance for refugees; mined to be engaged in religious persecution, Representatives regarding these matters in (B) sales, or financing on any terms, under described in paragraph (4), adding to the list approving— the Arms Export Control Act; as information becomes available. This in- (A) H. Res. 515, expressing the sense of the (C) the provision of agricultural commod- formation shall be published in the Federal House of Representatives with respect to the ities, other than food, under the Agricultural Register. persecution of Christians worldwide; Trade Development and Assistance Act of (6) Coordinate with the Secretary of State, (B) S. Con. Res. 71, expressing the sense of 1954; and the Attorney General, the Secretary of Com- the Senate with respect to the persecution of (D) financing under the Export-Import merce, and the Secretary of the Treasury to Christians worldwide; Bank Act of 1945. ensure that the provisions of this Act are (C) H. Con. Res. 102, concerning the eman- (8) UNITED STATES PERSON.—Except as pro- fully and effectively implemented. cipation of the Iranian Baha’i community; vided in section 12(b)(1), the term ‘‘United (f) ADMINISTRATIVE MATTERS.— and States person’’ means— (1) PERSONNEL.—The Director may appoint (D) section 1303 of H.R. 1561, the Foreign (A) any United States citizen or alien law- such personnel as may be necessary to carry Relations Authorization Act, Fiscal Years fully admitted for permanent residence into out the functions of the Office. 1996 and 1997. the United States; and (2) SERVICES OF OTHER AGENCIES.—The Di- SEC. 3. DEFINITIONS. (B) any corporation, partnership, or other rector may use the personnel, services, and As used in this Act: entity organized under the laws of the facilities of any other department or agency, (1) DIRECTOR.—The term ‘‘Director’’ means United States or of any State, the District of on a reimbursable basis, in carrying out the the Director of the Office of Religious Perse- Columbia, or any territory or possession of functions of the Office. cution Monitoring established under section the United States. SEC. 6. REPORTS TO CONGRESS. 5. SEC. 4. APPLICATION AND SCOPE. (a) ANNUAL REPORTS.—Not later than April (2) PERSECUTED COMMUNITY.—The term (a) SCOPE.—The provisions of this Act shall 30 of each year, the Director shall submit to ‘‘persecuted community’’ means any reli- apply to all persecuted religious groups and the Committees on Foreign Relations, Fi- gious group or community identified in sec- communities, and all countries and regions nance, the Judiciary, and Appropriations of tion 4. thereof, referred to in the resolutions and the Senate and to the Committees on Inter- (3) PERSECUTION FACILITATING PRODUCTS, bill set forth in paragraph (8) of section 2 or national Relations, Ways and Means, the Ju- GOODS, AND SERVICES.—The term ‘‘persecu- referred to in paragraphs (3) through (6) of diciary, and Appropriations of the House of tion facilitating products, goods, and serv- section 2, and to any community within any Representatives a report described in sub- ices’’ means those products, goods, and serv- country or region thereof that the Director section (b). ices which are being used or determined to finds, by a preponderance of the evidence, is (b) CONTENTS OF ANNUAL REPORT.—The an- be intended for use directly and in signifi- the target of religious persecution. nual report of the Director shall include the cant measure to facilitate the carrying out (b) DESIGNATION OF ADDITIONAL COUNTRIES following: of acts of religious persecution. AND REGIONS THEREOF.—The Congress may (1) DETERMINATION OF RELIGIOUS PERSECU- (4) RELIGIOUS PERSECUTION.— designate additional countries or regions to TION.—With respect to each country or re- (A) IN GENERAL.—The term ‘‘religious per- which this Act applies by enacting legisla- gion thereof described in section 4, the Direc- secution’’ means widespread and ongoing tion specifically citing the authority of this tor shall include his or her determination, persecution of persons because of their mem- section. with respect to each persecuted community, bership in or affiliation with a religion or re- SEC. 5. OFFICE OF RELIGIOUS PERSECUTION whether there is category 1 religious perse- ligious denomination, whether officially rec- MONITORING. cution or category 2 religious persecution. ognized or otherwise, when such persecution (a) ESTABLISHMENT.—There is established (2) IDENTIFICATION OF PERSECUTION FACILI- includes abduction, enslavement, killing, im- in the Executive Office of the President the TATING PRODUCTS, GOODS, AND SERVICES.—

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00103 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4884 CONGRESSIONAL RECORD — SENATE May 21, 1997 With respect to each country or region the government of any country which the Di- position of any sanction against a country thereof which the Director determines is en- rector determines is engaged in category 1 under section 7 for periods of not more than gaged in either category 1 or category 2 reli- religious persecution, effective 90 days after 12 months each, if the President, for each gious persecution, the Director, in consulta- the date on which the Director submits the waiver— tion with the Secretary of State and the Sec- report in which the determination is in- (1) determines that national security inter- retary of Commerce, shall identify and list cluded. ests justify such a waiver; and the persecution facilitating products, goods, (2) CATEGORY 2 RELIGIOUS PERSECUTION.—No (2) provides to the Committees on Foreign and services. United States assistance may be provided to Relations, Finance, the Judiciary, and Ap- (3) IDENTIFICATION OF RESPONSIBLE ENTI- the government of any country which the Di- propriations of the Senate and to the Com- TIES.—With respect to each country deter- rector determines is engaged in category 2 mittees on International Relations, Ways mined by the Director to be engaged in cat- religious persecution, effective 1 year after and Means, the Judiciary, and Appropria- egory 1 religious persecution, the Director, the date on which the Director submits the tions of the House of Representatives a writ- in consultation with the Secretary of State, report in which the determination is in- ten notification of the President’s intention shall identify and list the responsible enti- cluded, if the Director, in the next annual re- to waive any such sanction. port of the Director under section 6, deter- ties within that country that are engaged in The justification shall contain an expla- mines that the country is engaged in either religious persecution. Such entities shall be nation of the reasons why the President con- category 1 or category 2 religious persecu- defined as narrowly as possible. siders the waiver to be necessary, the type tion. (4) OTHER REPORTS.—The Director shall in- and amount of goods, services, or assistance (c) MULTILATERAL ASSISTANCE.— clude the reports submitted to the Director to be provided pursuant to the waiver, and by the Attorney General under section 9 and (1) CATEGORY 1 RELIGIOUS PERSECUTION.— With respect to any country which the Di- the period of time during which such a waiv- by the Secretary of State under section 10. er will be effective. (c) INTERIM REPORTS.—The Director may rector determines is engaged in category 1 (b) TAKING EFFECT OF WAIVER.— submit interim reports to the Congress con- religious persecution, the President shall in- struct the United States Executive Director (1) IN GENERAL.—Subject to paragraph (2), a taining such matters as the Director con- waiver under subsection (a) shall take effect siders necessary. of each multilateral development bank and of the International Monetary Fund to vote 45 days after its submission to the Congress. SEC. 7. SANCTIONS. against, and use his or her best efforts to (2) IN EMERGENCY CONDITIONS.—The Presi- (a) PROHIBITION ON EXPORTS RELATING TO deny, any loan or other utilization of the dent may waive the imposition of sanctions RELIGIOUS PERSECUTION.— funds of their respective institutions (other against a country under subsection (b) or (c) (1) ACTIONS BY RESPONSIBLE DEPARTMENTS than for humanitarian assistance) to that of section 7 to take effect immediately if the AND AGENCIES.—With respect to any country country, effective 90 days after the Director President, in the written notification of in- in which— submits the report in which the determina- tention to waive the sanctions, certifies that (A) the Director finds the occurrence of tion is included. emergency conditions exist that make an category 1 religious persecution, the Direc- (2) CATEGORY 2 RELIGIOUS PERSECUTION.— immediate waiver necessary. tor shall so notify the relevant United States With respect to any country which the Di- (3) COMPUTATION OF 45-DAY PERIOD.—The 45- departments and agencies, and such depart- rector determines is engaged in category 2 day period referred to in this subsection ments and agencies shall— religious persecution, the President shall in- shall be computed by excluding— (i) prohibit all exports to the responsible struct the United States Executive Director (A) the days on which either House of Con- entities listed under section 6(b)(3) or in any of each multilateral development bank and gress is not in session because of an adjourn- supplemental list of the Director; and of the International Monetary Fund to vote ment of more than 3 days to a day certain or (ii) prohibit the export to such country of against, and use his or her best efforts to an adjournment of the Congress sine die; and the persecution facilitating products, goods, deny, any loan or other utilization of the (B) any Saturday and Sunday, not excluded and services listed under section 6(b)(2) or in funds of their respective institutions (other under paragraph (1), when either House is any supplemental list of the Director; or than for humanitarian assistance) to that not in session. (B) the Director finds the occurrence of country, effective 1 year after the date on SEC. 9. MODIFICATION OF IMMIGRATION POLICY. category 2 religious persecution, the Direc- which the Director submits the report in (a) CREDIBLE FEAR OF PERSECUTION DE- tor shall so notify the relevant United States which the determination is included, if the FINED.—Section 235(b)(1)(B)(v) of the Immi- departments and agencies, and such depart- Director, in the next annual report of the Di- gration and Nationality Act (8 U.S.C. ments and agencies shall prohibit the export rector under section 6, determines that the 1225(b)(1)(B)(v)) (as amended by section 302 of to such country of the persecution facili- country is engaged in either category 1 or the Illegal Immigration Reform and Immi- tating products, goods, and services listed category 2 religious persecution. grant Responsibility Act of 1996; Public Law under section 6(b)(2) or in any supplemental (3) REPORTS TO DIRECTOR.—If a country de- 104–208; 110 Stat. 3009–582) is amended by add- list of the Director. scribed in paragraph (1) or (2) is granted a ing at the end the following: (2) PROHIBITIONS ON U.S. PERSONS.—(A) With loan or other utilization of funds notwith- respect to any country or region thereof in ‘‘Any alien who can credibly claim member- standing the objection of the United States which the Director finds the occurrence of ship in a persecuted community found to be under this subsection, the Executive Direc- category 1 religious persecution, no United subject to category 1 or category 2 religious tor of the institution that made the grant States person may— persecution in the most recent annual report shall report to the President and the Con- (i) export any item to the responsible enti- sent by the Director of the Office of Reli- gress on the efforts made to deny loans or ties listed under section 6(b)(3) or in any sup- gious Persecution Monitoring to the Con- other utilization of funds to that country, plemental list of the Director; and gress under section 6 of the Freedom From and shall include in the report specific and (ii) export to that country any persecution Religious Persecution Act of 1997 shall be explicit recommendations designed to ensure facilitating products, goods, and services considered to have a credible fear of persecu- that such loans or other utilization of funds listed under section 6(b)(2) or in any supple- tion within the meaning of the preceding are denied to that country in the future. mental list of the Director. sentence.’’. (4) DEFINITION.—As used in this subsection, (B) With respect to any country in which (b) TRAINING FOR CERTAIN IMMIGRATION OF- the term ‘‘multilateral development bank’’ the Director finds the occurrence of category FICERS.—Section 235 of the Immigration and means any of the multilateral development 2 religious persecution, no United States per- Nationality Act (8 U.S.C. 1225) (as amended banks as defined in section 1701(c)(4) of the son may export to that country any persecu- by section 302 of the Illegal Immigration Re- International Financial Institutions Act (22 tion facilitating products, goods, and serv- form and Immigrant Responsibility Act of U.S.C. 262r(c)(4)). ices listed under section 6(b)(2) or in any sup- 1996; Public Law 104–208; 110 Stat. 3009–579) is (d) VOTES FOR WTO MEMBERSHIP.—In cast- amended by adding at the end the following: plemental report of the Director. ing any vote concerning the membership of a (3) PENALTIES.—Any person who violates country in the World Trade Organization, ‘‘(d) TRAINING ON RELIGIOUS PERSECUTION.— the provisions of paragraph (2) shall be sub- the President shall consider as a significant The Attorney General shall establish and op- ject to the penalties set forth in subsections factor the fact that the country is listed in erate a program to provide to immigration (a) and (b)(1) of section 16 of the Trading the Director’s report as a country which is officers performing functions under sub- With the Enemy Act (50 U.S.C. App. 16(a) and engaged in either category 1 or category 2 re- section (b), or section 207 or 208, training on (b)(1)) for violations under that Act. ligious persecution. religious persecution, including training (4) EFFECTIVE DATE OF PROHIBITIONS.—The (e) DENIAL OF VISAS.—The Secretary of on— prohibitions on exports under paragraph (1) State shall deny the issuance of a visa to, ‘‘(1) the fundamental components of the shall take effect with respect to a country 90 and the Attorney General shall exclude from right to freedom of religion; days after the finding of category 1 or cat- the United States, any alien who the Direc- ‘‘(2) the variation in beliefs of religious egory 2 religious persecution in that country tor determines carried out or is responsible groups; and or region thereof, except as provided in sec- for carrying out acts of religious persecu- ‘‘(3) the governmental and nongovern- tion 11. tion. mental methods used in violation of the (b) UNITED STATES ASSISTANCE.— SEC. 8. WAIVER OF SANCTIONS. right to freedom of religion.’’. (1) CATEGORY 1 RELIGIOUS PERSECUTION.—No (a) WAIVER AUTHORITY.—Subject to sub- (c) ASYLUM.—Section 208 of the Immigra- United States assistance may be provided to section (b), the President may waive the im- tion and Nationality Act (8 U.S.C. 1158) (as

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amended by section 604 of the Illegal Immi- cution Monitoring under section 6 of the (b) TRAINING.—The Secretary of State gration Reform and Immigrant Responsi- Freedom From Religious Persecution Act of shall— bility Act of 1996; Public Law 104–208; 1110 1997, and any interim reports issued by such (1) institute programs to provide training Stat. 3009–690) is amended by adding at the Director after such annual report.’’. for chiefs of mission as well as Department end the following: (d) ANNUAL REPORT.—Not later than Janu- of State officials— ‘‘(e) SPECIAL RULES FOR RELIGIOUS PERSE- ary 1 of each year, the Attorney General (A) having reporting responsibilities re- CUTION CLAIMS.— shall submit to the Director an annual re- garding the freedom of religion, which shall ‘‘(1) PROCEDURES UPON DENIAL.— port that includes the following: include training on the fundamental compo- ‘‘(A) IN GENERAL.—In any case in which the (1) With respect to the year that is the sub- nents of the right to freedom of religion, the Service denies, or refers to an immigration ject of the report, the number of applicants variation in beliefs of religious groups, and Judge, an asylum application filed by an for asylum or refugee status whose applica- the governmental and nongovernmental alien described in the second sentence of sec- tions were based, in whole or in part, on reli- methods used in the violation of the right to tion 235(b)(1)(B)(v), or in any case in which gious persecution. freedom of religion; and an immigration Judge denies such an appli- (2) In the case of such applications, the (B) the identification of independent cation on the ground that the alien is not a number that were proposed to be denied, and human rights groups and nongovernmental refugee within the meaning of section the number that were finally denied. organizations with expertise in the matters 101(a)(42)(A), the Service shall provide the (3) In the case of such applications, the described in subparagraph (A); and alien with the following: number that were granted. (2) submit to the Director, not later than ‘‘(i) A written statement containing the (4) A description of developments with re- January 1 of each year, a report describing reasons for the denial, which shall be sup- spect to the adjudication of applications for all training provided to Department of State ported by references to— asylum or refugee status filed by an alien officials with respect to religious persecu- ‘‘(I) the most recent annual report sent by who claims to be a member of a persecuted tion during the preceding 1-year period, in- the Director of the Office of Religious Perse- community that the Director found to be cluding a list of instructors and materials cution Monitoring to the Congress under sec- subject to category 1 or category 2 religious used in such training and the number and tion 6 of the Freedom From Religious Perse- persecution in the most recent annual report rank of individuals who received such train- cution Act of 1997; and submitted to the Congress under section 6. ing. ‘‘(II) either— (5) With respect to the year that is the sub- SEC. 11. TERMINATION OF SANCTIONS. ‘‘(aa) the most recent country report on ject of the report, a description of training (a) TERMINATION OF SANCTIONS.—If the Di- human rights practices issued by the Sec- on religious persecution provided under sec- rector determines that a sanctioned country retary of State; or tion 235(d) of the Immigration and Nation- has substantially eliminated religious perse- ‘‘(bb) any other report issued by the Sec- ality Act (as added by subsection (b)) to im- cution in that country, the Director shall retary of State concerning conditions in the migration officers performing functions notify the Congress of that determination in country of which the alien is a national (or, under section 235(b) of such Act, or adjudi- writing. The sanctions described in section 7 in the case of an alien having no nationality, cating applications under section 207 or 208 the country of the alien’s last habitual resi- shall cease to apply with respect to that of such Act, including a list of speakers and dence). country 45 days after the Congress receives materials used in such training and the num- ‘‘(ii) A copy of any assessment sheet pre- the notification of such a determination. The ber of officers who received such training. pared by an asylum officer for a supervisory (e) ADMISSION PRIORITY.—For purposes of 45-day period referred to in this section shall asylum officer with respect to the applica- section 207(a)(3) of the Immigration and Na- be computed by excluding— tion. tionality Act, an individual who is a member (1) the days on which either House of Con- ‘‘(iii) A list of any publicly available mate- of a persecuted community that the Director gress is not in session because of an adjourn- rials relied upon by an asylum officer as a found to be subject to category 1 or category ment of more than 3 days to a day certain or basis for denying the application. 2 religious persecution in the most recent an adjournment of the Congress sine die; and ‘‘(iv) A copy of any materials relied upon annual report submitted to the Congress (2) any Saturday and Sunday, not excluded by an asylum officer as a basis for denying under section 6, and is determined by the At- under paragraph (1), when either House is the application that are not available to the torney General to be a refugee within the not in session. public, except Federal agency records that meaning of section 101(a)(42)(A) of the Immi- (b) WITHDRAWAL OF FINDING.—Any deter- are exempt from disclosure under section gration and Nationality Act, shall be consid- mination of the Director under section 6 may 552(b) of title 5, United States Code. ered a refugee of special humanitarian con- be withdrawn before taking effect if the Di- ‘‘(B) CREDIBILITY IN ISSUE.—In any case de- cern to the United States. In carrying out rector makes a written determination, on scribed in subparagraph (A) in which the de- such section, such an individual shall be the basis of a preponderance of the evidence, nial is based, in whole or in part, on credi- given priority status at least as high as that that the country substantially eliminated bility grounds, the Service shall also provide given to any member of any other specific any category 1 or category 2 religious perse- the alien with the following: group of refugees of special concern to the cution that existed in that country. The Di- ‘‘(i) The statements by the applicant, or United States. rector shall submit to the Congress each de- other evidence, that were found not to be (f) NO EFFECT ON OTHERS’ RIGHTS.—Noth- termination under this subsection. credible. ing in this section, or any amendment made SEC. 12. SANCTIONS AGAINST SUDAN. ‘‘(ii) A statement certifying that the appli- by this section, shall be construed to deny (a) EXTENSION OF SANCTIONS UNDER EXIST- cant was provided an opportunity to respond any applicant for asylum or refugee status ING LAW.—Any sanction imposed on Sudan to the Service’s position on the credibility any right, privilege, protection, or eligibility because of a determination that the govern- issue. otherwise provided by law. ‘‘(iii) A brief summary of such response, if ment of that country has provided support SEC. 10. STATE DEPARTMENT HUMAN RIGHTS RE- for acts of international terrorism, includ- any was made. PORTS. ing— ‘‘(iv) An explanation of how the negative (a) ANNUAL HUMAN RIGHTS REPORT.—In determination on the credibility issue re- preparing the annual reports of the State De- (1) export controls imposed pursuant to the lates to the applicant’s religious persecution partment on human rights under sections Export Administration Act of 1979, claim. 116(d) and 502B(b) of the Foreign Assistance (2) prohibitions on transfers of munitions ‘‘(2) EFFECT IN SUBSEQUENT PROCEEDINGS.— Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)), under section 40 of the Arms Export Control ‘‘(A) USE AT OPTION OF APPLICANT.—Any the Secretary of State shall, in the section Act, material provided to an alien under para- on religious freedom— (3) the prohibition on assistance under sec- graph (1) shall be considered part of the offi- (1) consider the facts and circumstances of tion 620A of the Foreign Assistance Act of cial record pertaining to the alien’s asylum the violation of the right to freedom of reli- 1961, application solely at the option of the alien. gion presented by independent human rights (4) section 2327(a) of title 10, United States ‘‘(B) NO EFFECT ON REVIEW.—The provision groups and nongovernmental organizations; Code, of any material under paragraph (1) to an (2) report on the extent of the violations of (5) section 6 of the Bretton Woods Agree- alien shall not be construed to alter any the right to freedom of religion, specifically ments Act Amendments, 1978 (22 U.S.C. 286e– standard of review otherwise applicable in including whether the violations arise from 11), any administrative or judicial adjudication governmental or nongovernmental sources, (6) section 527 of the Foreign Operations, concerning the alien’s asylum application. and whether the violations are encouraged Export Financing, and Related Programs Ap- ‘‘(3) DUTY TO SUBMIT REPORT ON RELIGIOUS by the government or whether the govern- propriations Act, 1997 (as contained in Public PERSECUTION.—In any judicial or administra- ment fails to exercise satisfactory efforts to Law 104–208), and tive proceeding in which the Service opposes control such violations; (7) section 901(j) of the Internal Revenue granting asylum to an alien described in the (3) report on whether freedom of religion Code of 1986, second sentence of section 235(b)(1)(B)(v), the violations occur on a nationwide, regional, shall continue in effect after the enactment Service shall submit to the court or adminis- or local level; and of this Act until the Director determines, in trative adjudicator a copy of the most recent (4) identify whether the violations are fo- accordance with section 11, that Sudan has annual report submitted to the Congress by cused on an entire religion or on certain de- substantially eliminated religious persecu- the Director of the Office of Religious Perse- nominations or sects. tion in that country, or the determination

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00105 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4886 CONGRESSIONAL RECORD — SENATE May 21, 1997 that the government of that country has pro- rectly, or controlled by a United States per- may provide any intelligence information to vided support for acts of international ter- son, except that such aircraft shall be al- the Government of Sudan which pertains to rorism is no longer in effect, whichever oc- lowed to land in the event of an emergency any internal group within Sudan. Any curs later. For purposes of the preceding sen- for which the safety of an aircraft’s crew or change in such policy or any provision of in- tence, the reference in section 11 to ‘‘sanc- passengers is threatened, or for humani- telligence information contrary to this pol- tions described in section 7’’ shall be deemed tarian purposes. icy shall be considered a significant antici- to refer to sanctions described in paragraphs (C) TERMINATION OF AIR SERVICE AGREE- pated intelligence activity for purposes of (1) through (7) of this subsection. MENTS.—To carry out subparagraphs (A) and section 501 of the National Security Act of (b) ADDITIONAL SANCTIONS ON SUDAN.—Ef- (B), the Secretary of State shall terminate 1947 (50 U.S.C. 413). fective 90 days after the date of the enact- any agreement between the Government of The sanctions described in this subsection ment of this Act, the following sanctions (to Sudan and the Government of the United shall apply until the Director determines, in the extent not covered under subsection (a)) States relating to air services between their accordance with section 11, that Sudan has shall apply with respect to Sudan: respective territories. substantially eliminated religious persecu- (1) PROHIBITION ON FINANCIAL TRANSACTIONS (D) DEFINITIONS.—For purposes of this tion in that country. For purposes of the pre- WITH GOVERNMENT OF SUDAN.— paragraph, the terms ‘‘aircraft’’, ‘‘air trans- ceding sentence, the reference in section 11 (A) OFFENSE.—Any United States person portation’’, and ‘‘foreign air carrier’’ have to ‘‘sanctions described in section 7’’ shall be who knowingly engages in any financial the meanings given those terms in section deemed to refer to the sanctions imposed transaction, including any loan or other ex- 40102 of title 49, United States Code. under this subsection. tension of credit, directly or indirectly, with (6) PROHIBITION ON PROMOTION OF UNITED (c) MULTILATERAL EFFORTS TO END RELI- the Government of Sudan shall be fined in STATES TOURISM.—None of the funds appro- GIOUS PERSECUTION IN SUDAN.— accordance with title 18, United States Code, priated or otherwise made available by any (1) EFFORTS TO OBTAIN MULTILATERAL MEAS- or imprisoned for not more than 10 years, or provision of law may be available to promote URES AGAINST SUDAN.—It is the policy of the both. United States tourism in Sudan. United States to seek an international (B) DEFINITIONS.—As used in this para- (7) GOVERNMENT OF SUDAN BANK AC- agreement with the other industrialized de- graph: COUNTS.— mocracies to bring about an end to religious (i) FINANCIAL TRANSACTION.—The term ‘‘fi- (A) PROHIBITION.—A United States deposi- persecution by the Government of Sudan. nancial transaction’’ has the meaning given tory institution may not accept, receive, or The net economic effect of such inter- that term in section 1956(c)(4) of title 18, hold a deposit account from the Government national agreement should be measurably United States Code. of Sudan, except for such accounts which greater than the net economic effect of the (ii) UNITED STATES PERSON.—The term may be authorized by the President for dip- other measures imposed by this section. ‘‘United States person’’ means— lomatic or consular purposes. (2) COMMENCEMENT OF NEGOTIATIONS TO INI- (I) any United States citizen or national; (B) ANNUAL REPORTS.—The Secretary of TIATE MULTILATERAL SANCTIONS AGAINST (II) any permanent resident alien; the Treasury shall submit annual reports to SUDAN.—It is the sense of the Congress that (III) any juridical person organized under the Congress on the nature and extent of as- the President or, at his direction, the Sec- the laws of the United States; and sets held in the United States by the Govern- retary of State should convene an inter- (IV) any person in the United States. ment of Sudan. national conference of the other industri- (2) PROHIBITION ON IMPORTS FROM SUDAN.— (C) DEFINITION.—For purposes of this para- alized democracies in order to reach an No article which is grown, produced, manu- graph, the term ‘‘depository institution’’ has international agreement to bring about an factured by, marketed, or otherwise exported the meaning given that term in section end to religious persecution in Sudan. The by the Government of Sudan, may be im- 19(b)(1) of the Act of December 23, 1913 (12 international conference should begin ported into the United States. U.S.C. 461(b)(1)). promptly and should be concluded not later (3) PROHIBITIONS ON UNITED STATES EXPORTS (8) PROHIBITION ON UNITED STATES GOVERN- than 180 days after the date of the enactment TO SUDAN.— MENT PROCUREMENT FROM SUDAN.— of this Act. (A) PROHIBITION ON COMPUTER EXPORTS.—No (A) PROHIBITION.—No department, agency, (3) PRESIDENTIAL REPORT.—Not less than computers, computer , or goods or or any other entity of the United States Gov- 210 days after the date of the enactment of technology intended to manufacture or serv- ernment may enter into a contract for the this Act, the President shall submit to the ice computers may be exported to or for use procurement of goods or services from Congress a report containing— of the Government of Sudan. parastatal organizations of Sudan except for (A) a description of United States’ efforts (B) REGULATIONS OF THE SECRETARY OF items necessary for diplomatic or consular to negotiate multilateral measures to bring COMMERCE.—The Secretary of Commerce purposes. about an end to religious persecution in may prescribe such regulations as may be (B) DEFINITION.—As used in this paragraph, Sudan; and necessary to carry out subparagraph (A). the term ‘‘parastatal organization of Sudan’’ (B) a detailed description of economic and (C) PENALTIES.—Any person who violates means a corporation, partnership, or entity other measures adopted by the other indus- this paragraph shall be subject to the pen- owned, controlled, or subsidized by the Gov- trialized countries to bring about an end to alties provided in section 11 of the Export ernment of Sudan. religious persecution in Sudan, including an Administration Act of 1979 (50 U.S.C. App. (9) PROHIBITION ON UNITED STATES APPRO- assessment of the stringency with which 2410) for violations under that Act. PRIATIONS FOR USE AS INVESTMENTS IN OR such measures are enforced by those coun- (4) PROHIBITION ON NEW INVESTMENT IN TRADE SUBSIDIES FOR SUDAN.—None of the tries. SUDAN.— funds appropriated or otherwise made avail- (4) CONFORMITY OF UNITED STATES MEAS- (A) PROHIBITION.—No United States person able by any provision of law may be avail- URES TO INTERNATIONAL AGREEMENT.—If the may, directly or through another person, able for any new investment in, or any sub- President successfully concludes an inter- make any new investment in Sudan that is sidy for trade with, Sudan, including funding national agreement described in paragraph not prohibited by paragraph (1). for trade missions in Sudan and for partici- (2), the President may, after such agreement (B) REGULATIONS.—The Secretary of Com- pation in exhibitions and trade fairs in enters into force with respect to the United merce may prescribe such regulations as Sudan. States, adjust, modify, or otherwise amend may be necessary to carry out subparagraph (10) PROHIBITION ON COOPERATION WITH the measures imposed under any provision of (A). ARMED FORCES OF SUDAN.—No agency or enti- this section to conform with such agree- (C) PENALTIES.—Any person who violates ty of the United States may engage in any ment. this paragraph shall be subject to penalties form of cooperation, direct or indirect, with (5) PROCEDURES FOR AGREEMENT TO ENTER provided in section 11 of the Export Adminis- the armed forces of Sudan, except for activi- INTO FORCE.—Each agreement submitted to tration Act of 1979 (50 U.S.C. App. 2410) for ties which are reasonably necessary to facili- the Congress under this subsection shall violations under that Act. tate the collection of necessary intelligence. enter into force with respect to the United (5) AVIATION RIGHTS.— Each such activity shall be considered as sig- States if— (A) AIR TRANSPORTATION RIGHTS.—The Sec- nificant anticipated intelligence activity for (A) the President, not less than 30 days be- retary of Transportation shall prohibit any purposes of section 501 of the National Secu- fore the day on which the President enters aircraft of a foreign air carrier owned or con- rity Act of 1947 (50 U.S.C. 413). into such agreement, notifies the House of trolled, directly or indirectly, by the Govern- (11) PROHIBITION ON COOPERATION WITH IN- Representatives and the Senate of the Presi- ment of Sudan or operating pursuant to a TELLIGENCE SERVICES OF SUDAN.— dent’s intention to enter into such an agree- contract with the Government of Sudan from (A) SANCTION.—No agency or entity of the ment, and promptly thereafter publishes no- engaging in air transportation with respect United States involved in intelligence activi- tice of such intention in the Federal Reg- to the United States, except that such air- ties may engage in any form of cooperation, ister; craft shall be allowed to land in the event of direct or indirect, with the Government of (B) after entering into the agreement, the an emergency for which the safety of an air- Sudan, except for activities which are rea- President transmits to the House of Rep- craft’s crew or passengers is threatened. sonably designed to facilitate the collection resentatives and to the Senate a document (B) TAKEOFFS AND LANDINGS.—The Sec- of necessary intelligence. containing a copy of the final text of such retary of Transportation shall prohibit the (B) POLICY.—It is the policy of the United agreement, together with— takeoff and landing in Sudan of any aircraft States that no agency or entity of the United (i) a description of any administrative ac- by an air carrier owned, directly or indi- States involved in intelligence activities tion proposed to implement such agreement

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4887 and an explanation as to how the proposed (iii) the ownership or control of a share or itage and experience the beauty and administrative action would change or affect interest in a Sudanese entity or a controlled solitude of this wilderness area. existing law; and Sudanese entity or a debt or equity security However, these fragile, scenic lands (ii) a statement of the President’s reasons issued by the Government of Sudan or a Su- are threatened by oil, gas and mining regarding— danese entity before the date of the enact- interests which are willing to sacrifice (I) how the agreement serves the interest ment of this Act, or the transfer or acquisi- these lands for short-term economic of United States foreign policy; and tion of such a share or interest, or debt or (II) why the proposed administrative ac- equity security, if any such transfer or ac- gain. These wilderness areas are also tion is required or appropriate to carry out quisition does not result in a payment, con- threatened by off-road vehicle use and the agreement; and tribution of funds or assets, or credit to a proposals to construct roads, commu- (C) a joint resolution approving such agree- Sudanese entity, a controlled Sudanese enti- nication towers, transmission lines, ment has been enacted, in accordance with ty, or the Government of Sudan. and dams. section 8066(c) of the Department of Defense (3) CONTROLLED SUDANESE ENTITY.—The Because of flaws in the original wil- Appropriations Act, 1985 (as contained in term ‘‘controlled Sudanese entity’’ means— derness inventory conducted by BLM Public Law 98–473 (98 Stat. 1936)), within 30 (A) a corporation, partnership, or other during the Reagan administration, days of transmittal of such document to the business association or entity organized in only 3.2 million acres in southern Utah Congress. Sudan and owned or controlled, directly or are currently protected as wilderness For purposes of applying such section 8066(c), indirectly, by a United States person; or study areas. The wilderness areas in- any reference in such section to ‘‘joint reso- (B) a branch, office, agency, or sole propri- cluded in America’s Red Rock Wilder- lution’’, ‘‘resolution’’, or ‘‘resolution de- etorship in Sudan of a United States person. (4) SUDANESE ENTITY.—The term ‘‘Sudanese ness Act are based on a careful assess- scribed in paragraph (1)’’ shall be deemed to ment of BLM lands which meet the cri- refer to a joint resolution described in sub- entity’’ means— paragraph (C) of this paragraph. (A) a corporation, partnership, or other teria for wilderness designation by cit- (6) UNITED NATIONS SECURITY COUNCIL IMPO- business association or entity organized in izen groups that form the Utah Wilder- SITION OF SAME MEASURES AGAINST SUDAN.—It Sudan; or ness Coalition. Unlike other proposals, is the sense of the Congress that the Presi- (B) a branch, office, agency, or sole propri- this legislation does not include special dent should instruct the Permanent Rep- etorship in Sudan of a person that resides or interest exemptions that would under- resentative of the United States to the is organized outside Sudan. mine the integrity of the 1964 Wilder- United Nations to propose that the United SEC. 13. EFFECTIVE DATE. ness Act. Nations Security Council, pursuant to Arti- (a) IN GENERAL.—Subject to subsections (b) America’s Red Rock Wilderness Act cle 41 of the United Nations Charter, impose and (c), and except as provided in section 12, this Act and the amendments made by this is supported by a broad coalition of en- measures against Sudan of the same type as vironmental organizations and citizen are imposed by this section. Act shall take effect 120 days after the date of the enactment of this Act. groups. In a national survey conducted (d) ADDITIONAL MEASURES AND REPORTS; (b) APPOINTMENT OF DIRECTOR.—The Direc- by USA Today, over 90 percent of the RECOMMENDATIONS OF THE PRESIDENT.— tor shall be appointed not later than 60 days respondents supported the designation (1) UNITED STATES POLICY TO END RELIGIOUS after the date of the enactment of this Act. of 5.7 million acres in southern Utah as PERSECUTION.—It shall be the policy of the (c) REGULATIONS.—Each Federal depart- United States to impose additional measures ment or agency responsible for carrying out wilderness. Newspapers across the Na- against the Government of Sudan if its pol- any of the sanctions under section 7 shall tion have also editorialized in support icy of religious persecution has not ended on issue all necessary regulations to carry out of protecting America’s Red Rock Wil- or before December 25, 1997. such sanctions within 120 days after the date derness Area. (2) REPORT TO CONGRESS.—The Director of the enactment of this Act. Theodore Roosevelt once stated that, shall prepare and transmit to the Speaker of ‘‘The Nation behaves well if it treats the House of Representatives and the Chair- By Mr. DURBIN (for himself, Mr. the natural resources as assets which it man of the Committee on Foreign Relations TORRICELLI, Ms. MOSELEY- must turn over to the next generation of the Senate on or before February 1, 1998, BRAUN, MRS. MURRAY, Mr. increased and not impaired in value.’’ and every 12 months thereafter, a report de- FEINGOLD, Mr. KENNEDY, Mr. termining whether the policy of religious Because of the foresight of leaders like KERRY, Mrs. Boxer, and Mr. persecution by the Government of Sudan has Theodore Roosevelt, national treasures ended. REED): such as the Grand Canyon and Yellow- S. 773. A bill to designate certain (3) RECOMMENDATION FOR IMPOSITION OF AD- stone were preserved for all Americans. DITIONAL MEASURES.—If the Director deter- Federal lands in the State of Utah as I urge my colleagues to join me in this mines that the policy of religious persecu- wilderness, and for other purposes; to effort to protect America’s Red Rock tion by the Government of Sudan has not the Committee on Energy and Natural Wilderness Area in southern Utah for ended, the President shall prepare and trans- Resources. future generations. mit to the Speaker of the House of Rep- AMERICA’S RED ROCK WILDERNESS ACT Mr. FEINGOLD. Mr. President, I am resentatives and the Chairman of the Com- Mr. DURBIN. Mr. President, today I very pleased to be joining the junior mittee on Foreign Relations of the Senate on am introducing America’s Red Rock Senator from Illinois [Mr. DURBIN] as or before March 1, 1998, and every 12 months Wilderness Act to protect an important an original cosponsor of legislation to thereafter, a report setting forth rec- part of our Nation’s natural heritage. ommendations for such additional measures designate 5.7 million acres of Federal and actions against the Government of America’s Red Rock Wilderness Act lands in Utah as wilderness. Sudan as the Director determines will end designates 5.7 million acres of the 22 Though this is the first time this par- the government’s policy of religious persecu- million acres of public, Bureau of Land ticular measure has been introduced in tion. Management (BLM) lands in Southern this body, it is not the first time that (e) DEFINITIONS.—As used in this section— Utah as wilderness. the protection of Utah’s public lands (1) GOVERNMENT OF SUDAN.—The term Passage of America’s Red Rock Wil- has been before the Senate. During the ‘‘Government of Sudan’’ includes any agency derness Act is essential to protect a na- last Congress, I joined with the former or instrumentality of the Government of tional treasure for future generations Senator from New Jersey, Mr. Bradley, Sudan. of Americans. A companion bill, H.R. in opposing the Omnibus Parks legisla- (2) NEW INVESTMENT IN SUDAN.—The term 1500, has been introduced in the House ‘‘new investment in Sudan’’— tion because it contained provisions, (A) means— by Representative MAURICE HINCHEY which were eventually removed, that (i) a commitment or contribution of funds with over 100 original cosponsors. many in my home State of Wisconsin or other assets, or America’s Red Rock Wilderness Act believed not only designated as wilder- (ii) a loan or other extension of credit, will protect 5.7 million acres of mag- ness too little of the Bureau of Land that is made on or after the effective date of nificent canyons, red rock cliffs and Management’s holding in Utah deserv- this subsection; and rock formations which are unlike any ing of such protection, but also sub- (B) does not include— on Earth. The lands included in this stantively changed the protections af- (i) the reinvestment of profits generated by legislation contain steep slick rock a controlled Sudanese entity into that same forded designated lands under the Wil- canyons, high cliffs offering spectac- derness Act of 1964. controlled Sudanese entity, or the invest- ular vistas of rare rock formations, im- ment of such profits in a Sudanese entity; Wallace Stegner wrote ‘‘No place is a (ii) contributions of money or other assets portant archeological sites and rare place until things that have happened where such contributions are necessary to plant and animal species. Each year, there are remembered in history, bal- enable a controlled Sudanese entity to oper- almost 8 million people from across the lads, yarns, legends, or monuments.’’ ate in an economically sound manner, with- United States and the world visit these The lands of southern Utah are leg- out expanding its operations; or lands to see a part of their natural her- endary, alive, and well remembered in

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4888 CONGRESSIONAL RECORD — SENATE May 21, 1997 the minds and hearts of the people of that ‘‘These are not scenes that you Restoration Act of 1997. This legisla- Wisconsin. In writing to me last Con- could see in Wisconsin. That’s part of tion would allow for a workable solu- gress, my constituents described these what makes them special.’’ He con- tion to clean up the historic effects of lands as places of special family mo- tinues, and adds what I think is an mining on the Coeur d’Alene Basin in ments, healing silence, and incredible even more important reason to act to North Idaho. This bill is similar to a beauty. In March 1996, during debate on protect these lands than the land- bill (S. 1614) I introduced in the last the omnibus parks bill, Ed Culhane of scape’s uniqueness, ‘‘the fight over wil- Congress. the Appleton Post-Crescent wrote: derness lands in Utah is a test case of This legislation establishes a process This is some of the most beautiful land- sorts. The anti-environmental factions that is centered around an action plan scape in the world and each year hundreds of in Congress are trying hard to remove developed between the Governor of the thousands of people hike into these canyons, restrictions on development in some of into this hard, dry land of varnished cliffs State of Idaho and a Citizens Advisory the Nation’s most splendid areas.’’ Commission comprised of fourteen rep- and blasted mesas. Wisconsinites are watching this test Aldo Leopold once asked if a still higher resentatives of affected State and Fed- case closely. I believe, Mr. President, standard of living was worth its cost in eral government agencies, private citi- that Wisconsinites view the outcome of things natural, wild, and free. If we lose the zens, the Coeur d’Alene Indian Tribe; Redrock Wilderness, we will get precious lit- this fight to save Utah’s lands as a sign tle in return. of where the Nation is headed with re- and affected industries. The respon- Some may say, Mr. President, that spect to its stewardship of natural re- sibilities of this Commission are very this legislation is unnecessary and sources in Wisconsin. For example, important to the ultimate success of Utah already has the ‘‘monument’’ some in my home State believe that cleaning up the Basin. I would like to that Wallace Stegner wrote about, des- among Federal lands that comprise the note that a Commission that mirrors ignated by President Clinton on Sep- Apostle Islands National Lakeshore the one in this legislation was created tember 18, 1997. However, it is impor- and the Nicolet and Chequamegon Na- by the Idaho legislature and that legis- tant to note, the land of the Grand tional Forests there are lands that are lation was signed into law by Governor Staircase Escalante National Monu- deserving of wilderness protection. I Phil Batt. I am indeed pleased that ment, included among the lands to be know first hand what spectacular and Idaho has put in place the citizen com- given wilderness protection in this bill, special places these Federal properties mittee that is the crux of this plan to is less than one third of the lands this are, and what they mean to the people clean up the Silver Valley. bill protects. of Wisconsin. Wisconsinites want to The Silver Valley of North Idaho has I supported the President’s actions to know that, should additional lands in made contributions to the national designate the Grand Staircase Wisconsin be brought forward for wil- economy and to all of our country’s Escalante National Monument. On Sep- derness designation, the type of protec- war efforts for well over a century. The tember 17, 1997, amid reports of the tion they expect from Federal law is federal government has been involved pending designation, I authored a let- still available to be extended because it in every phase of mineral production ter to President Clinton, cosigned by had been properly extended to other over the history of the Valley. It is, six other members of the Senate, sup- places of national significance. therefore, appropriate that Congress porting that action. That letter con- What Haslanger’s Capital Times com- specifically legislate a resolution of cluded with the following statement ments make clear is that while some in natural resources damages in the Coeur ‘‘We remain interested in working with Congress may express concern about d’Alene Basin and participate in fund- the Administration on appropriate leg- creating new wilderness in Utah, wil- ing such a plan. islation to evaluate and protect the derness, as Wisconsinites know, is not I want to make clear this legislation full extent of public lands in Utah that created by legislation. Legislation to does not interfere with the ongoing meet the criteria of the 1964 Wilderness protect existing wilderness insures Superfund cleanup within the 21-square Act.’’ that future generations may have an mile Bunker Hill site. This legislation I believe that the measure being in- experience on public lands equal to sets up a framework for voluntary troduced today accomplishes that goal. that which is available today. The ac- cleanup of affected areas outside this Identical in its designations to H.R. tion of Congress to preserve wild lands 1500 sponsored in the other body by by extending the protections of the 21-square mile area. In drafting this Representative MAURICE HINCHEY of Wilderness Act of 1964 publicly codifies legislation, I have worked with the New York, it is the culmination of that expectation and promise. mining industry, the Coeur d’Alene more than 10 years and four Congresses Finally, and perhaps the most impor- tribe, local governments, the Governor of effort in the other body beginning tant reason why this legislation is re- of Idaho, and citizens in North Idaho. with the legislative work of the former ceiving my support, and deserves the It is only through the involvement of Congressman from Utah, Mr. Owens. support of others in this body, is that all these parties that a solution will be The measure protects wild lands that all of the 5.7 million acres that will be reached. really are not done justice in words. protected under this bill are already Throughout this effort it has been Truly remarkable American resources public lands held in trust by the Fed- clear that all parties want the Basin of red rock cliff walls, desert, canyons eral Government. Thus, while they are cleaned up, and they want the cleanup and gorges are found on these BLM physically located in Utah, their pres- done with the concerns of local citizens lands which encompass the canyon ervation is important to the citizens of and entities addressed and with con- country of the Colorado Plateau, the Wisconsin as it is for others. trols and cleanup decisions made in Mojave Desert and portions of the I am eager to work with my col- Idaho, not in Washington, DC. These Great Basin. They include mountain league from Illinois, Mr. DURBIN, to are the guiding principles that I have ranges in western Utah, stark areas protect these lands. I commend him for applied in developing this legislation. like the new National Monument, and introducing this measure. wildlife intensive areas like the Deep Local cleanup has already begun in Creek and Stansbury Mountains, that By Mr. CRAIG (for himself and the headwaters of the Basin’s drainage. support habitat for deer, elk, cougars, Mr. KEMPTHORNE): Nine Mile Creek and Canyon Creek bobcats, bighorn sheep, coyotes, birds, S. 774. A bill to provide for the sta- have had proven engineering designs reptiles, and other wildlife. These re- bilization, enhancement, restoration, implemented within their drainages. gions appeal to all types of American and management of the Coeur d’Alene The Coeur d’Alene River Basin Envi- outdoor interests from hikers and River basin watershed; to the Com- ronmental Restoration Act of 1997 sightseers to hunters. mittee on Environment and Public would assure this type of meaningful Phil Haslanger of the Capital Times, Works. restoration could continue. However, a paper in Madison, answered an impor- THE COEUR D’ALENE RIVER BASIN the actions needed in each part of the tant question I am often asked when ENVIRONMENTAL RESTORATION ACT OF 1997 Basin are not clear. That is why my people want to know why a Senator ∑ Mr. CRAIG. Mr. President, I am bill calls for the Governor of Idaho and from Wisconsin would cosponsor legis- today introducing, with the cosponsor- the Citizens Advisory Commission to lation to protect lands in Utah. He ship of Senator KEMPTHORNE, the Coeur develop an Action Plan that can ad- wrote on September 13, 1995 simply d’Alene River Basin Environmental dress the varying conditions within the

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4889 Basin. For example, engineering solu- Mr. President, the problem lies in U.S. SENATE, tions will certainly work in portions of that the IRS has interpreted the term Washington, DC, March 13, 1997. the Basin—but not every place. The disqualified income to include gains re- Hon. MARGARET MILNER RICHARDSON, steeper gradient streams in the upper alized by dairy farmers when they cull Commissioner, Internal Revenue Service, Wash- ington, DC. Basin respond well to engineering fixes, and sell cows no longer suitable for DEAR COMMISSIONER RICHARDSON: We are but these types of fixes may only exac- dairy farming. I disagree with the IRS’ writing because some of our constituent erbate problems in the lower, flatter interpretation, as do many of my col- dairy farmers have brought to our attention portions of the Basin. Local input and leagues. In my view, culled dairy cows their concern about a potentially adverse control through the action plan can ad- are not investment assets. When farm- impact to them that may result from an IRS dress such diversity and the need for ers cull and sell cows no longer fit for interpretation of the earned income credit (26 U.S.C. § 32). Our constituents have in- varying environmental fixes. dairy farming, they’re not cashing in formed us that in conversations with tax- The Department of Justice is cur- on their investments. To the contrary, payers, IRS personnel have indicated that a rently pursuing a lawsuit for alleged they’re cutting their losses. And we low-income dairy farmer may become ineli- natural resources damages in the area should not automatically expect pro- gible to claim the EIC if he decides to cull addressed by this legislation. For the ceeds from these sales to be available from his herd a cow no longer suitable for federal government to follow such a to support the farmer’s day-to-day liv- dairy farming, and subsequently sells the course is folly. When the federal gov- ing expenses. Farmers may not be able cow, realizing a gain of $2,200 or more. ernment litigates under Superfund, the We believe that this interpretation is in- to use this money to put food on his or correct. Section 32 of the Internal Revenue members of the legal profession ben- her family’s table or clothing on his Code allows low-income taxpayers a refund- efit, as litigation eats away at what- family’s back. He or she may have to able credit against tax. Under § 32(i)(1), this ever resources are available for a pump these funds back into the dairy earned income credit (EIC) is not available cleanup. Litigation does not benefit operation. If the farmer intends to to taxpayers with more than $2,200 in dis- the citizens affected by a cleanup and maintain a viable dairy farm, he or she qualified income. ‘‘Disqualified income’’ is certainly does not benefit the resources may use proceeds from the sale of a defined to include ‘‘capital gain net income’’ for the taxable year. that are purported to be the primary culled cow to acquire another cow suit- According to our constituents, the IRS has consideration when such a suit is pur- able for dairy farming. So, I think it is characterized gains from the sale of culled sued. I do not intend to see cleanup re- wrong that these sale proceeds should cows as ‘‘capital gain net income.’’ For the sources in North Idaho squandered in make the low-income dairy farmer in- definition of ‘‘capital gain net income,’’ litigation. It is my goal to see that eligible for the EIC. § 32(i)(1)(D) specifically references the defini- Coeur d’Alene Basin cleanup is not liti- tion of that term in § 1222. Section 1222(9) de- The IRS’ interpretation will result in fines ‘‘capital gain net income’’ as the excess gated away. That is the reason we have the loss of income from thousands of introduced this legislation. it will of gains from sales of ‘‘capital assets’’ over struggling dairy farmers across the such losses from such sales. clean up the Basin, not litigiously country. Dairy farmers have experi- We do not believe that culled cows are ∑ waste the Basin’s resources. enced a 25-percent decline in milk ‘‘capital assets.’’ As defined in § 1221(2), the prices in recent months and for years term ‘‘capital asset’’ does not include ‘‘prop- By Mr. JEFFORDS (for himself, erty used in the trade or business.’’ Section Mr. KOHL, Mr. GRAMS, Mr. have been faced with unstable and low 1231(b) defines the term ‘‘property used in D’AMATO, Ms. COLLINS, Mr. milk prices. Based on the Farm Cred- the trade or business,’’ and subsection (b)(3) DASCHLE, Mr. LEAHY, Mr. SMITH it’s analysis, the current IRS position specifically defines cattle held by a taxpayer of New Hampshire, Mr. GRASS- would cost Vermont dairy farmers for 24 months or more for dairy purposes as ‘‘property used in the trade or business.’’ It LEY and Ms. SNOWE): nearly $1 million in refunds and/or in- creased tax bills. Dairy farmers across would follow, then, that any gains resulting S. 775. A bill to amend the Internal the country will be adversely impacted from the sale of such cattle are not gains Revenue Code of 1986 to exclude gain or by the current position of the IRS. The from sales of capital assets giving rise to loss from the sale of livestock from the ‘‘capital gain net income.’’ Accordingly, we greatest impact will be in States that computation of capital gain net income do not believe that § 32(i)(1)(D) disqualifies a have a high number of small- and mid- for purposes of the earned-income cred- dairy farmer from claiming the EIC because sized family dairy operations. Losses to it; to the Committee on Finance. of gains realized from sales of culled cows. the Nation’s dairy farmers have been We request that the IRS review and sum- THE EARNED-INCOME CREDIT FAIRNESS ACT OF estimated to be as much as $76 million. marize the applicability of § 32(i)(1)(D) to 1997 low-income dairy farmers who realize gains Mr. JEFFORDS. Mr. President, I am In short, in my view, when the in- of $2,200 or more upon the sale of culled cows today introducing a bill along with come generated by a farmer’s dairy op- that they have held for more than two years. Senator KOHL and several of my col- erations is otherwise modest, he or she We also request that you summarize what leagues which will amend the earned- should not become ineligible for the tax treatment would result if the culled cows income credit to restore fairness to EIC when he or she has the misfortune had not been held for two years. We look for- low-income dairy farmers across the to discover that some of his or her ward to your response. country. dairy cows are nonproductive and dis- Sincerely, Last year during the debate over wel- poses of those nonproductive assets at Jim Jeffords, Alfonse D’Amato, Jeff Ses- sions, Bob Smith, , Chris fare reform, Congress tightened up on a profit. Dodd, Susan M. Collins, Jack Reed, Joe the requirements for eligibility for the Because I disagree with the IRS in- Biden, Mike DeWine, Chuck Grassley, EIC. The law was amended to prevent terpretation, I, together with 16 col- , Herb Kohl, Rob Grams, taxpayers with investment assets from leagues, wrote to IRS Commissioner Olympia Snowe, Russ Feingold, Judd claiming the EIC, our rationale being Margaret Richardson on March 13, 1997, Gregg. that taxpayers with substantial invest- to challenge the IRS interpretation of Mr. KOHL. Mr. President, I rise ment assets should sell those assets the EIC. Unfortunately, the IRS has today as a co-author of this important rather than rely on the EIC to supple- maintained that its interpretation is legislation, which Senator JEFFORDS ment their income. Specifically, the correct. Accordingly, today I am intro- and I, and many others, introduce law now reads that if you have over ducing this bill, along with several of today on behalf of all of our nation’s $2,200 in disqualified income, you can- my colleagues, to overturn what we be- farmers. not claim the EIC. lieve is an unwise and unwarranted in- Let me begin by thanking my col- The earned-income credit (EIC) is a terpretation by the IRS. I urge my col- league from Vermont for his help and credit against tax available to low-in- leagues to join us in this effort. leadership on this issue. The economic come working taxpayers. The credit is health of our agricultural economy is refundable; in other words, even if you Mr. President, I ask unanimous con- paramount to both of our regions, and don’t owe any income tax, the Govern- sent that additional material be print- to the country at large. And tax provi- ment may still give you a refund. In ed in the RECORD. sions related to agriculture, whether it this way, the credit is a kind of income There being no objection, the mate- be the earned income credit [EIC] or assistance to low-income taxpayers, rial was ordered to be printed in the other provisions, have repercussions encouraging them to keep working. RECORD, as follows: throughout our agricultural economy.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4890 CONGRESSIONAL RECORD — SENATE May 21, 1997 In the two regions that Senator JEF- low prices or economic stress, it can to Mike, we now have the opportunity FORDS and I represent, dairy farming is play an even more important role when to restore the IRS to its proper role of of particular importance. And it is some farmers are driven to cull cows carrying out current laws instead of with our dairy farmers in mind that we more quickly than they otherwise creating new ones. feel an urgency in introducing this leg- would. In addition, the Tax Code de- Mr. President, unless Congress acts islation. Because while the tax policy fines dairy cattle held by a taxpayer on this legislation, the Nation’s dairy change that we are seeking to undo af- for a certain period of time as property farmers will be forced to pay $76 mil- fects many livestock producers, it is used in a trade or business, specifying lion in taxes they were never intended the dairy farmers who are the hardest that such property is excluded from the to pay. In effect, this is an agency-cre- hit. definition of capital assets. Since dairy ated $76 million tax hike on hard work- Mr. President, our legislation will cattle are not capital assets, it follows ing, generally low-income, dairy pro- clarify that the sale of livestock should that sales of cattle should not give rise ducers. For dairy farmers in Min- not be treated as capital gain net in- to capital gain income for EIC pur- nesota, the tax hike would amount to come for purposes of the EIC. As you poses. about $6 million. As a boy who grew up may know, in last year’s welfare bill, For our Nation’s dairy farmers, this on a dairy farm, I know all too well we took steps to tighten eligibility to unfair policy change has come at a par- how hard dairy farmers must work to the EIC, a refundable tax credit avail- ticularly cruel time, when milk prices make ends meet. Long hours. Early able only to lower income, working have declined precipitously, and many mornings. Late nights. The vacations— Americans. We did so to ensure further have been forced to cull cows to make even for a day—which a lot of us take that, in a time of limited Federal re- ends meet. Yet instead of stretching for granted are unthinkable for most of sources, the EIC was benefiting those the family budget, they learn that our dairy producers. This is especially that it was intended to benefit—the their actions have actually resulted in true for the dairy producers who would working poor—those who have jobs but thousands of dollars in extra taxes, be hit hardest by the new IRS-imposed who often need extra help to avoid leaving them worse off than before. tax hike. This is wrong. Wrong because turning to public assistance. For many The consequences for my home State the IRS has no business raising taxes facing tough financial times and strug- have been devastating. In a sample of by agency fiat. And, wrong because of gling to support their families, the EIC cases from a seven-county area in the the severe hardship the tax hike would has been the difference between hard eastern part of the State, the average impose on our Nation’s dairy pro- work and a hand out, between self- loss of Federal and State EIC benefits ducers. worth and self-doubt. And for many to farmers has been $2,111 per family. During consideration of the 1996 dairy farmers in Wisconsin, the EIC And these are families with between Farm Bill, we promised our farmers has helped pay seed bills and farm op- one and seven children. The total loss long overdue tax relief, regulatory re- lief, improved risk management and re- erating expenses and put food on kitch- to the approximately 12,000 Wisconsin search, and free and fair trade. My re- en tables. dairy farms eligible for the EIC is esti- One of several EIC provisions ap- mated at $15.5 million. quest of the administration, particu- proved by Congress last year expanded Denying the EIC to family farmers larly the IRS, is simple. If you don’t the category of disqualified income to on the basis of culled cows sales is want to help keep this promise to include capital gain net income. As wrong. It is wrong, unfair, and Con- America’s farmers, simply step aside and at least don’t hinder those of us such, under current law, if a taxpayer gress should act swiftly to correct it. who do. reports more than $2,200 in capital gain I urge my colleagues to support this I urge my colleagues to give the EIC net income, he or she is automatically bipartisan legislation of national sig- nificance and help ensure the EIC con- Fairness Act of 1997 speedy consider- disqualified from collecting the EIC. ation and passage. On its face, this tax policy adjust- tinues to benefit those for whom Con- ment seems reasonable. Most policy- gress intended. By Mr. JOHNSON (for himself, makers would agree that an individual Mr. GRAMS. Mr. President, I am Mr. DASCHLE, Mr. WELLSTONE, who realizes substantial capital gain proud to be a leading co-sponsor of leg- Mr. GRAMS, Mr. HARKIN and Mr. income from the sale of capital assets islation introduced today with my GRASSLEY): in any given year should not be eligible friend and colleague, Senator JIM JEF- S. 777. A bill to authorize the con- for a tax credit for the working poor. FORDS of Vermont. The Earned Income struction of the Lewis and Clark Rural The House Committee report confirms Credit (EIC) Fairness Act of 1997 is a Water System and to authorize assist- as much. direct response to back-door efforts by ance to the Lewis and Clark Rural That said, however, we are here the Internal Revenue Service to raise Water System, Inc., a nonprofit cor- today because a subsequent IRS inter- revenue on the backs of family farm- poration, for planning and construction pretation of that adjustment has re- ers. This legislation simply clarifies of the water supply system, and for stricted EIC eligibility in such a way the intent of Congress by preserving other purposes; to the Committee on that we believe goes far beyond con- this important tax credit for our Na- Energy and Natural Resources. gressional intent—distorting the pur- tion’s dairy farmers. THE LEWIS AND CLARK RURAL WATER SYSTEM pose of last year’s reforms and denying I want to thank Senator JEFFORDS ACT OF 1997 the credit to a population of hard for his leadership on this issue. My col- Mr. JOHNSON. Mr. President, today, working Americans that the EIC was league from Vermont and I have dif- I am proud to be introducing legisla- designed to help—small- and mid-sized fered from time to time on what is best tion, along with my colleagues, the Mi- family farmers. for the Nation’s dairy industry in the nority Leader Senator DASCHLE of Specifically, the Internal Revenue way of federal dairy policy. However, I South Dakota, Senator HARKIN and Service [IRS] has interpreted capital have always had a profound respect for Senator GRASSLEY of Iowa, and Sen- gain income to include income gen- his hard work and genuine commit- ator WELLSTONE and Senator GRAMS of erated by the sale of culled cows for ment to Vermont’s dairy farmers. They Minnesota, to authorize the Lewis and purposes of the EIC. Further, the IRS have in Senator JEFFORDS a tireless ad- Clark Rural Water System. I intro- argues that dairy cows represent the vocate in the U.S. Senate. duced similar legislation last year as a type of assets Congress would expect a I also want to commend Mike Foley, Member of the House of Representa- taxpayer to sell to cover living ex- a teacher and dairy farmer from Mel- tives during the 104th Congress. I look penses in lieu of claiming the credit. rose, MN for bringing this issue to my forward to again working closely with Mr. President, though I do not ques- attention. Like other problems created my colleagues for timely consideration tion their good intentions, I believe the by IRS misinterpretations of Congres- of this important measure. IRS is misguided. sional intent—including the alter- The Lewis and Clark Rural Water As you may know, farmers sell cows native minimum tax [AMT] and the System is made up of 22 rural water no longer suited for dairy farming as a self-employment tax problems—few systems and communities in south- matter of course. It is a standard part knew of the EIC problem and the hard- eastern South Dakota, northwestern of a farmer’s business. And in times of ship it would ultimately cause. Thanks Iowa,

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4891 and southwestern Minnesota who have SEC. 2. DEFINITIONS. (3) a water conservation program is devel- joined together in an effort to coopera- In this Act: oped and implemented. tively address the dual problems facing (1) ENVIRONMENTAL ENHANCEMENT.—The SEC. 4. FEDERAL ASSISTANCE FOR THE ENVI- the delivery of drinking water in this term ‘‘environmental enhancement’’ means RONMENTAL ENHANCEMENT COM- the wetland and wildlife enhancement activi- PONENT. region—inadequate quantities of water ties that are carried out substantially in ac- (a) INITIAL DEVELOPMENT.—The Secretary and poor quality water. cordance with the environmental enhance- shall make grants and other funds available This region has seen substantial ment component of the feasibility study. to the water supply system and other pri- growth and development in recent (2) ENVIRONMENTAL ENHANCEMENT COMPO- vate, State, and Federal entities, for the ini- years, and studies have shown that fu- NENT.—The term ‘‘environmental enhance- tial development of the environmental en- ture water needs will be significantly ment component’’ means the component de- hancement component. greater than the current available sup- scribed in the report entitled ‘‘Wetlands and (b) NONREIMBURSEMENT.—Funds provided under subsection (a) shall be nonreimburs- ply. Most of the people who are served Wildlife Enhancement for the Lewis and Clark Rural Water System’’, dated April able and nonreturnable. by 10 of the water utilities in the pro- 1991, that is included in the feasibility study. SEC. 5. WATER CONSERVATION PROGRAM. posed Lewis and Clark project area cur- (3) FEASIBILITY STUDY.—The term ‘‘feasi- (a) IN GENERAL.—The water supply system rently enforce water restrictions on a bility study’’ means the study entitled ‘‘Fea- shall establish a water conservation program seasonal basis. Almost half of the sibility Level Evaluation of a Missouri River that ensures that users of water from the membership has water of such poor Regional Water Supply for South Dakota, water supply system use the best practicable quality it does not meet present or pro- Iowa and Minnesota’’, dated September 1993, technology and management techniques to posed standards for drinking water. that includes a water conservation plan, en- conserve water use. More than two-thirds rely on shallow vironmental report, and environmental en- (b) REQUIREMENTS.—The water conserva- hancement component. tion programs shall include— aquifers as their primary source of (4) MEMBER ENTITY.—The term ‘‘member (1) low consumption performance standards drinking water, aquifers which are very entity’’ means a rural water system or mu- for all newly installed plumbing fixtures; vulnerable to contamination by surface nicipality that signed a Letter of Commit- (2) leak detection and repair programs; activities. ment to participate in the water supply sys- (3) rate schedules that do not include de- The Lewis and Clark system will be a tem. clining block rate schedules for municipal supplemental supply of drinking water (5) PROJECT CONSTRUCTION BUDGET.—The households and special water users (as de- for its 22 members, acting as a treated, term ‘‘project construction budget’’ means fined in the feasibility study); bulk delivery system. The distribution the description of the total amount of funds (4) public education programs and tech- to deliver water to individual users will needed for the construction of the water sup- nical assistance to member entities; and ply system, as contained in the feasibility (5) coordinated operation among each rural continue through the existing systems study. water system, and each water supply facility used by each member utility. This re- (6) PUMPING AND INCIDENTAL OPERATIONAL in existence on the date of enactment of this gionalization approach to solving these REQUIREMENTS.—The term ‘‘pumping and in- Act, in the service area of the system. water supply and quality problems en- cidental operational requirements’’ means (c) REVIEW AND REVISION.—The programs ables the Missouri River to provide a all power requirements that are incidental to described in subsection (b) shall contain pro- source of clean, safe drinking water to the operation of intake facilities, pumping visions for periodic review and revision, in more than 180,000 individuals. A source stations, water treatment facilities, res- cooperation with the Secretary. of water which none of the members of ervoirs, and pipelines up to the point of de- SEC. 6. MITIGATION OF FISH AND WILDLIFE livery of water by the water supply system LOSSES. Lewis and Clark could afford on their to each member entity that distributes Mitigation for fish and wildlife losses in- own. water at retail to individual users. curred as a result of the construction and op- The proposed system would help to (7) SECRETARY.—The term ‘‘Secretary’’ eration of the water supply system shall be stabilize the regional rural economy by means the Secretary of the Interior. on an acre-for-acre basis, based on ecological providing water to Sioux Falls, the hub (8) WATER SUPPLY SYSTEM.—The term equivalency, concurrent with project con- city in the region, as well as numerous ‘‘water supply system’’ means the Lewis and struction, as provided in the feasibility small communities and individual Clark Rural Water System, Inc., a nonprofit study. farms in South Dakota and portions of corporation established and operated sub- SEC. 7. USE OF PICK–SLOAN POWER. stantially in accordance with the feasibility (a) IN GENERAL.—From power designated Iowa and Minnesota. study. The States of South Dakota, Iowa, for future irrigation and drainage pumping SEC. 3. FEDERAL ASSISTANCE FOR THE WATER for the Pick-Sloan Missouri Basin program, and Minnesota have all authorized the SUPPLY SYSTEM. the Western Area Power Administration project and local sponsors have dem- (a) IN GENERAL.—The Secretary shall make shall make available the capacity and en- onstrated a financial commitment to grants to the water supply system for the ergy required to meet the pumping and inci- this project through State grants, local planning and construction of the water sup- dental operational requirements of the water water development district grants, and ply system. supply system during the period beginning membership dues. The State of South (b) SERVICE AREA.—The water supply sys- on May 1 and ending on October 31 of each Dakota has already contributed more tem shall provide for safe and adequate mu- year. than $400,000. nicipal, rural, and industrial water supplies, (b) CONDITIONS.—The capacity and energy environmental enhancement, mitigation of described in subsection (a) shall be made Mr. President, I do not believe our wetland areas, and water conservation in— available on the following conditions: needs get any more basic than good (1) Lake County, McCook County, Minne- (1) The water supply system shall be oper- quality, reliable drinking water, and I haha County, Turner County, Lincoln Coun- ated on a not-for-profit basis. appreciate the fact that Congress has ty, Clay County, and Union County, in (2) The water supply system shall contract shown support for efforts to improve southeastern South Dakota; to purchase the entire electric service re- drinking water supplies in South Da- (2) Rock County and Nobles County, in quirements of the system, including the ca- kota. I look forward to continue work- southwestern Minnesota; and pacity and energy made available under sub- ing with my colleagues to have that (3) Lyon County, Sioux County, Osceola section (a), from a qualified preference power County, O’Brien County, Dickinson County, supplier that itself purchases power from the support extended to the Lewis and and Clay County, in northwestern Iowa. Western Area Power Administration. Clark Rural Water System. (c) AMOUNT OF GRANTS.—Grants made (3) The rate schedule applicable to the ca- Mr. President, I ask unanimous con- available under subsection (a) to the water pacity and energy made available under sub- sent that the text of the bill be printed supply system shall not exceed the amount section (a) shall be the firm power rate in the RECORD. of funds authorized under section 10. schedule of the Pick-Sloan Eastern Division There being no objection, the bill was (d) LIMITATION ON AVAILABILITY OF CON- of the Western Area Power Administration ordered to be printed in the RECORD, as STRUCTION FUNDS.—The Secretary shall not in effect when the power is delivered by the follows: obligate funds for the construction of the Administration. water supply system until— (4) It is agreed by contract among— S. 777 (1) the requirements of the National Envi- (A) the Western Area Power Administra- Be it enacted by the Senate and House of Rep- ronmental Policy Act of 1969 (42 U.S.C. 4321 tion; resentatives of the United States of America in et seq.) are met; (B) the power supplier with which the Congress assembled, (2) a final engineering report is prepared water supply system contracts under para- SECTION 1. SHORT TITLE. and submitted to Congress not less than 90 graph (2); This Act may be cited as the ‘‘Lewis and days before the commencement of construc- (C) the power supplier of the entity de- Clark Rural Water System Act of 1997’’. tion of the water supply system; and scribed in subparagraph (B); and

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4892 CONGRESSIONAL RECORD — SENATE May 21, 1997 (D) the water supply system; less than $8,487,000 shall be used for the ini- which some have raised regarding the that in the case of the capacity and energy tial development of the environmental en- environmental impacts of this project made available under subsection (a), the ben- hancement component under section 4, to re- will be addressed as the project moves efit of the rate schedule described in para- main available until expended. forward. Work on this important bill graph (3) shall be passed through to the Mr. WELLSTONE. Mr. President, will likely be going on for some time, water supply system, except that the power today I join my colleagues from South supplier of the water supply system shall not and I look forward to helping shape the be precluded from including, in the charges Dakota, Iowa, and Minnesota in co- final legislation and making the of the supplier to the water system for the sponsoring Lewis and Clark Rural project a reality. electric service, the other usual and cus- Water System Act of 1977, and I do so Mr. GRAMS. Mr. President, I rise tomary charges of the supplier. with great enthusiasm for what this today to join Senators DASCHLE, JOHN- SEC. 8. NO LIMITATION ON WATER PROJECTS IN project could mean to the people in SON, GRASSLEY, HARKIN, and STATES. southwestern Minnesota, as well as WELLSTONE as a proud cosponsor of leg- This Act does not limit the authorization those in Iowa and South Dakota who islation authorizing the Lewis and for water projects in the States of South Da- have serious problems finding adequate Clark Rural Water System. This much- kota, Iowa, and Minnesota under law in ef- needed legislation will help provide a fect on or after the date of enactment of this drinking water supplies. Act. Many of us never really have to long-term, high-quality water supply SEC. 9. WATER RIGHTS. think about where our water comes from the Missouri River to over 180,000 Nothing in this Act— from, but for the people in Luverne and individuals in portions of Minnesota, (1) invalidates or preempts State water law Worthington, Minnesota, it is a con- South Dakota, and Iowa. or an interstate compact governing water; stantly nagging question, Helping pro- For too long, and to the detriment of (2) alters the rights of any State to any ap- vide for this sort of basic need is what community development, residents of propriated share of the waters of any body of I think government ought to be doing. this region have been deprived of a sus- surface or ground water, whether determined In a project like Lewis and Clark, tainable water resource. In light of by past or future interstate compacts or by governments at all levels have to work Minnesota’s reputation as the ‘‘land of past or future legislative or final judicial al- 10,000 lakes,’’ it might come as a sur- locations; together. Municipalities, states, and (3) preempts or modifies any Federal or the federal government each will have prise to hear my home state described State law, or interstate compact, governing important roles to play, and each will as being desperately short on water water quality or disposal; or have to carry a significant burden. And supplies. The southwestern corner of (4) confers on any non-Federal entity the that is as it should be—in tough situa- the state, however, is geographically ability to exercise any Federal right to the tions like this, not only is there no free very different from the rest of Min- waters of any stream or to any ground water lunch, but there is also no free water. nesota. Rock County, which would be resource. So today I am pleased to formally served by the Lewis and Clark system, SEC. 10. COST SHARING. state my support for the Lewis and is the only county in Minnesota with- (a) FEDERAL COST SHARE.— out a natural lake. (1) IN GENERAL.—Except as provided in Clark project by cosponsoring its au- thorization legislation. The Lewis and Communities within the proposed paragraph (2), the Secretary shall provide water system are now served by shal- funds equal to 80 percent of— Clark Rural Water System project is (A) the amount allocated in the total sorely needed to provide safe drinking low aquifers highly susceptible to project construction budget for planning and water on a consistent basis for citizens drought, leading most of these commu- construction of the water supply system in the tri-state region of Minnesota, nities to impose severe watering re- under section 3; South Dakota, and Iowa. For far too strictions. The constant deterioration (B) such amounts as are necessary to de- long communities in this region have of these aquifers is evidenced through fray increases in the budget for planning and the detection of ever-increasing nitrate construction of the water supply system faced great and sometimes over- whelming challenges in finding safe levels that threaten the safety of cur- under section 3; and rent drinking water. Moreover, increas- and reliable sources of water for their (C) such amounts as are necessary to de- ing federal regulations have imposed fray increases in development costs reflected citizens. While many communities in expensive, unfunded mandates on com- in appropriate engineering cost indices after our country have ample supplies of munities seeking to deliver clean and September 1, 1993. drinking water, twenty-two commu- (2) SIOUX FALLS.—The Secretary shall pro- healthy water to their residents. nities in this tri-state area are not so This situation has forced commu- vide funds for the city of Sioux Falls, South lucky. Shallow aquifers and high water Dakota, in an amount equal to 50 percent of nities throughout the region to aggres- the incremental cost to the city of participa- tables have left many water systems in sively explore alternative water sup- tion in the project. the region constantly searching for po- plies. Since 1989, the community of (b) NON-FEDERAL COST SHARE.— table water. Even when these commu- Worthington, Minnesota has spent be- (1) IN GENERAL.—Except as provided in nities have managed to find sources of tween $50,000 to $75,000 annually paragraph (2), the non-Federal share of the water, many times the water has been costs allocated to the water supply system searching for another source of water, contaminated with unsafe levels of ni- all without success. The nearby com- shall be 20 percent of the amounts described trates and bacteria, as well as high lev- in subsection (a)(1). munity of Luverne, Minnesota has ex- els of naturally occurring iron and (2) SIOUX FALLS.—The non-Federal cost- perienced the same disappointing re- share for the city of Sioux Falls, South Da- manganese. sults despite its significant expendi- kota, shall be 50 percent of the incremental While the lack of water, reliable tures. It is little wonder struggling cost to the city of participation in the water sources affects the health of communities across this region have project. these citizens in the short-term, the joined together to strongly support the SEC. 11. BUREAU OF RECLAMATION. economic vitality of these commu- Lewis and Clark proposal. (a) AUTHORIZATION.—The Secretary may nities is adversely affected in the long- Bill Weber, the distinguished mayor allow the Director of the Bureau of Reclama- term. Rural communities cannot plan of Luverne, Minnesota stated: ‘‘It made tion to provide project construction over- economic growth when they do not pos- sight to the water supply system and envi- sense to us to combine our financial as- ronmental enhancement component for the sess long-term sources of safe drinking sets in building one system that can service area of the water supply system de- water. Businesses are reluctant to lo- provide an alternative supply of drink- scribed in section 3(b). cate in an area where such necessities ing water for 22 systems. The only (b) PROJECT OVERSIGHT ADMINISTRATION.— are not guaranteed. Therefore, as a other alternative was for each of us to The amount of funds used by the Director of strong supporter of rural economic de- continue as we have in the past, explor- the Bureau of Reclamation for planning and velopment. I believe that this project ing more costly alternatives that only construction of the water supply system will benefit the economic welfare of helped one at a time and alternatives, shall not exceed the amount that is equal to citizens who live in this region. 1 percent of the amount provided in the total which in the case of Luverne appear to project construction budget for the entire I recognize that some concerns still be nonexistent.’’ project construction period. exist about the impacts of this project. Greg Degroot, President of Wor- SEC. 12. AUTHORIZATION OF APPROPRIATIONS. I intend to work to improve the bill as thington Public Utilities, wrote that There is authorized to be appropriated to it makes its way through the legisla- the system ‘‘will provide our commu- carry out this Act $226,320,000, of which not tive process, and believe the concerns nity

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00112 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4893 with an alternative source of water However, this project will not be eco- changes in various government agen- that will give us some protection in the nomically viable without federal as- cies to give greater attention to Africa event of the loss of our existing water sistance. Because many rural areas and and to facilitate U.S. trade and invest- source and will also provide the addi- small communities are involved with ment. It seeks the cooperation of inter- tional water that is necessary for our the project, the necessary financial re- national financial institutions to ease community to continue to prosper and sources do not exist to bring Lewis and the heavy debt burden of the poorest grow.’’ Clark to completion. Through the Bu- countries in Africa. And, it seeks the Mr. President, under our legislation, reau of Reclamation study, each utility cooperation of other developed coun- local communities will come together member determined that Lewis and tries to join us in granting trade con- with the affected states and the federal Clark was the most feasible and least cessions and other preferences to Afri- government to form a strong, financial costly alternative for meeting future ca. partnership, thereby ensuring an ade- drinking water needs. It is estimated To achieve sustained economic quate, safe water supply while reducing that this project will provide quality growth and political stability in Afri- the costs to the American taxpayers. water at a reasonable cost, an esti- ca, the private sector must be more In fact, with our revised proposal, the mated 75 cents per 1,000 gallons. fully engaged. They have the invest- city of Sioux Falls, South Dakota—by Mr. President, this project represents ment capital, they have the knowhow, far the largest user of the proposed sys- a unique opportunity to bring safe, and they have the will to take cal- tem—will pay 50% of the construction clean, and affordable drinking water to culated risks abroad. The private sec- costs for its share of Lewis and Clark hundreds of thousands of persons in a tor, however, will be more interested in water. tri-state area. It is not often Congress investment, trade and the technical as- Mr. President, providing healthy has the opportunity to assist in a sistance that accompany them, if coun- water to our communities is one of the project that has the joint cooperation tries make the hard decisions to liber- most basic functions of the govern- of persons from three states, and twen- alize their economies and open their ment. It is not a partisan issue, and ty-two communities and local water political system to participation and therefore I am proud to join with a bi- systems. In an era when we see states good governance. That process is un- partisan group of my colleagues and and communities fighting for water re- derway in Africa, but much more needs the Governors of Minnesota, South Da- sources, Lewis and Clark represents a to be done. kota, and Iowa in supporting this bill. grass-roots effort of concerned citizens, This bill intends to increase our com- We believe our legislation to be the businesses, and government officials. mercial and official contacts and inter- best, most cost-effective answer to a Lastly, I would like to add that this actions in recognition of the enormous severe and growing problem. is a project that clearly fits the charac- potential for economic growth and de- The time to enact this bipartisan leg- teristics of projects traditionally fund- velopment in Africa. It reflects the islation is now. As a member of the En- ed by the Bureau of Reclamation. vast diversity of people, cultures, ergy and Natural Resources Com- Given its broad support, critical needs, economies, and potential among the mittee, I look forward to working with and clear merits, I urge the passage of forty-eight countries and the more the distinguished Chairman, Senator this important legislation. than 600 million people. It provides in- MURKOWSKI; Senator JOHNSON, the pri- By Mr. LUGAR: centives and rewards to the growing mary sponsor of this legislation and a S. 778. A bill to authorize a new trade number of countries embarking on a Committee member; the rest of our and investment policy for sub-Saharan host of economic and political reforms. colleagues; and the Clinton Adminis- African; to the Committee on Finance. These are reforms we should encourage tration in providing much-needed relief THE AFRICAN GROWTH AND OPPORTUNITY ACT and support. These changes are not to our communities. They deserve ∑ Mr. LUGAR. Mr. President, I intro- only in the interests of African soci- nothing less. duce the African Growth and Oppor- eties, they are in our interest as well. Mr. HARKIN. Mr. President, I rise tunity Act. A similar bill has been in- A stable and economically prosperous today in strong support of the Lewis troduced in the House of Representa- Africa will contribute to our commer- and Clark Water System Act of 1997. tives and is now cosponsored by nearly cial and security interests. This legislation will authorize the con- 50 Members. It enjoys the support of The ‘‘African Growth and Oppor- struction of Lewis and Clark, along many in the House leadership. I ap- tunity Act’’, therefore, includes a with a federal commitment of assist- plaud the hard work of those Members range of incentives and policy tools ance for construction. Lewis and Clark of the House who have toiled to draft that would begin the long-overdue is designed to be a treated, bulk water proactive legislation that would, if en- process of linking U.S. ties with Africa delivery system for 22 communities and acted, help re-shape our relationship on trade and investment, not solely on rural water systems located in north- with countries in sub-Sahara Africa. foreign assistance. We should be basing west Iowa, southeast South Dakota, The bill I am introducing contains a our relations with Africans as partners, and southwest Minnesota. Within this range of trade, investment and reform not just as aid recipients. For too long, tri-state area, over 200,000 persons will incentives for economic growth that American policy towards Africa has be assured of clean and safe drinking require little or no new spending. It re- concentrated on our foreign assistance water from Lewis and Clark. flects much of the administration’s programs which have resulted in little Lewis and Clark is necessary to ad- ‘‘Partnership for Economic Growth and more than a series of bi-lateral donor- dress poor water quality sources, inad- Opportunity in Africa’’ initiative recipient relationships. equate water supplies, population which proposes greater U.S. attention While helpful in promoting economic growth, and increasing federal regula- and priority to Africa. This bill pro- and political development, and in alle- tions that the member water systems poses important trade and investment viating humanitarian crises and other are trying to deal with. In many cases initiatives that would be available to social ills, our assistance programs the drinking water currently delivered eligible African countries which pursue were never large enough to be effective by Lewis and Clark’s membership ex- meaningful internal reforms—both eco- in stimulating or sustaining real eco- ceeds secondary drinking water stand- nomic and political reform. nomic growth. They are still important ards for iron, manganese, sulfate, and The bill would seek to provide a and needed. But, bilateral assistance, total dissolved solids. Water of this range of trade preferences and conces- even when coupled with assistance quality is very difficult and expensive sions, including GSP and lower trade from other donor countries and from to treat. In Iowa, most of the involved barriers, to eligible countries embark- international banks and lending insti- drinking water systems are at, or near, ing on economic and political liberal- tutions, are insufficient by themselves their capacity, and have serious water ization. It seeks to encourage increased to kick-start and sustain the econo- quality problems. An engineering feasi- private sector investment flows by en- mies of Africa. They have not been suf- bility study completed by the Bureau gaging OPIC and other government ficient in eradicating contagious dis- of Reclamation in September 1993 con- guarantees to create private equity and eases, in eliminating chronic poverty, cluded the project is technically fea- infrastructure funds targeted on Afri- or in ending the cycle of under-develop- sible. ca. It proposes certain personnel ment and recurring political turmoil.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4894 CONGRESSIONAL RECORD — SENATE May 21, 1997 Mr. President, we have neglected Af- trade and U.S. investment there totals (8) establishing a United States-Sub-Saha- rica’s economic growth potential for less than one percent of all U.S. direct ran Africa Economic Cooperation Forum; too many years. For too long, Amer- investment overseas. This, despite the and (9) continuing to support development as- ican interest in sub-Sahara Africa was fact that roughly forty per cent of all sistance for those countries in sub-Saharan largely a function of our strategic con- America exports now go to developing Africa attempting to build civil societies. siderations and trade-offs during the countries where the greatest growth in SEC. 3. STATEMENT OF POLICY. Cold War period. Most Americans paid U.S. trade and exports in recent years The Congress supports economic self-reli- attention to Africa only when there has taken place. ance for sub-Saharan African countries, par- was a natural or man-made calamity or Finally, Mr. President, let me con- ticularly those committed to— disaster. Regrettably, this has led to clude by saying that I am introducing (1) economic and political reform; distortion and mis-information about this bill to stimulate interest and to (2) market incentives and private sector growth; the real Africa. It has retarded interest encourage serious debate in the Senate (3) the eradication of poverty; and in exploring opportunities in this rich on re-orienting U.S. policy towards Af- (4) the importance of women to economic and diverse continent. rica. Without question, we have a gen- growth and development. But, economic growth, political sta- uine interest in Africa that is only now SEC. 4. ELIGIBILITY REQUIREMENTS. bility or the protection of human being recognized. Enactment of this (a) IN GENERAL.—A sub-Saharan African rights in Africa won’t happen by them- bill will help create an environment in country shall be eligible to participate in selves or by the actions of the U.S. The which the private sector will become programs, projects, or activities, or receive leadership in Africa must make it hap- assistance or other benefits under this Act more fully engaged in the economic de- for a fiscal year only if the President deter- pen by their actions and decisions. We velopment and growth and political mines that the country has established, or is should encourage and respond to those modernization of Africa. If that hap- making continual progress toward estab- countries and those leaders who are pens, it will be very much in the inter- lishing, a market-based economy, such as making the difficult decisions to im- est of the United States. the establishment and enforcement of appro- plement economic and political reform. I urge my colleagues in the Senate to priate policies relating to— There is little doubt that those Afri- take note of this bill, consider its mer- (1) promoting free movement of goods and can countries which have embarked on services and factors of production between its, explore the growing potential for the United States and sub-Saharan Africa; the road to economic and political re- U.S. exports and investment and con- (2) promoting the expansion of the produc- form are beginning to reap the kind of sider the prospects for revising and tion base and the transformation of commod- benefits known in other regions of the broadening our overall relationship ities and nontraditional products for exports world, such as East Asia. Several coun- with sub-Sahara Africa. through joint venture projects between Afri- tries already enjoy multi-year eco- If we do so, our country will be a can and United States companies; nomic growth in the five, six to ten major economic and security bene- (3) trade issues, such as protection of intel- lectual property rights, improvements in percent range. Uganda, for example, ficiary. had a growth rate of 10% in l995 and standards, testing, labeling and certifi- Mr. President, I ask unanimous con- cation, and government procurement; Ethiopia exceeded that level last year. sent that the Africa Growth and Oppor- (4) the protection of property rights, such More than 30 countries in sub-Sahara tunity Act be printed in full in the as protection against expropriation and a Africa have already initiated economic RECORD. functioning and fair judicial system; reform programs and some twenty-five There being no objection, the bill was (5) tax issues, such as reducing high import and corporate taxes, controlling government countries have conducted open elec- ordered to be printed in the RECORD, as consumption, participation in bilateral in- tions. follows: Many countries have begun to liber- vestment treaties, and the harmonization of S. 778 such treaties to avoid double taxation; alize their exchange rates and prices, (6) foreign investment issues, such as the privatize state-owned enterprises, re- Be it enacted by the Senate and House of Rep- resentatives of the United States of America in provision of national treatment for foreign duce expensive state subsidies and cut Congress assembled, investors and other measures to attract for- back on impediments to trade and in- eign investors; SECTION 1. SHORT TITLE. vestment. These steps and others will (7) supporting the growth of regional mar- This Act may be cited as the ‘‘African kets within a free trade area framework; help African economies grow. Growth and Opportunity Act’’. African trade barriers are more oner- (8) regulatory issues, such as eliminating SEC. 2. FINDINGS. ous than those in the faster growing government corruption, minimizing govern- The Congress finds that it is in the mutual economies in the developing world. Im- ment intervention in the market, moni- economic interest of the United States and toring the fiscal and monetary policies of the port tariffs are three and a half times sub-Saharan Africa to promote stable and government, and supporting the growth of higher than those in faster growing sustainable economic growth and develop- the private sector, in particular by pro- countries in the developing world. ment in sub-Saharan Africa. To that end, the moting the emergence of a new generation of Along with non-tariff restrictions and United States seeks to facilitate the social African entrepreneurs; assorted protectionist practices, these and economic development of the countries (9) encouraging the private ownership of practices have hurt the competitive- of sub-Saharan Africa in a manner which government-controlled economic enterprises ness of Africa exports. They inflict strengthens and expands market-led eco- through divestiture programs; nomic growth consistent with equitable and trade losses that match or exceed the (10) removing restrictions on investment; efficient development and which reduces and total levels of aid to Africa. As these poverty and increases employment among (11) the reduction of poverty, such as the barriers to trade and investment are the poor. In particular, the United States provision of basic health and education for eased and eliminated, they will open seeks to assist sub-Saharan African coun- poor citizens, the expansion of physical in- the way for economic growth and assist tries to achieve economic self-reliance by— frastructure in a manner designed to maxi- American entrepreneurs by opening (1) strengthening and expanding the pri- mize accessibility, increased access to mar- their markets to our goods and serv- vate sector in sub-Saharan Africa, especially ket and credit facilities for small farmers ices. women-owned businesses; and producers, and improved economic op- (2) encouraging increased trade and invest- It may interest members to know portunities for women as entrepreneurs and ment between the United States and sub-Sa- employees. that U.S. trade with sub-Saharan Afri- haran Africa; (b) ADDITIONAL FACTORS.—In determining ca grew by more than 18% last year. (3) reducing tariff and nontariff barriers whether a sub-Saharan African country is el- For the second consecutive year, the and other trade obstacles; igible under subsection (a), the President growth in U.S. trade in sub-Sahara Af- (4) expanding United States assistance to shall take into account the following factors: rica outdistanced America’s overall sub-Saharan Africa’s regional integration ef- (1) An expression by such country of its de- growth in world trade. No one who has forts; sire to be an eligible country under sub- sought to invest or trade in Africa will (5) negotiating free trade areas; section (a). (6) establishing a United States-Sub-Saha- (2) The extent to which such country has deny that doing so has been difficult, ran Africa Trade and Investment Partner- made substantial progress toward— but few would deny that the many op- ship; (A) reducing tariff levels; portunities exist. (7) focusing on countries committed to ac- (B) binding its tariffs in the World Trade U.S. trade with Africa amounts to countable government, economic reform, and Organization and assuming meaningful bind- only about one percent of total U.S. the eradication of poverty; ing obligations in other sectors of trade; and

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4895 (C) eliminating nontariff barriers to trade. economic reform, privatization programs, ‘‘(vi) Programs for the prevention, treat- (3) Whether such country, if not already a and market-led economic activities. ment, and control of, and research on, tuber- member of the World Trade Organization, is (G) Promoting decentralization and local culosis, HIV/AIDS, polio, , and other actively pursuing membership in that Orga- participation in the development process, es- diseases. nization. pecially linking the rural production sectors ‘‘(vii) Basic education programs for chil- (4) The extent to which such country is in and the industrial and market centers dren. material compliance with its programs with throughout Africa. ‘‘(viii) Contribution on a grant basis to the and its obligation to the International Mone- (H) Increasing the technical and manage- United Nations Children’s Fund (UNICEF) tary Fund and other international financial rial capacity of sub-Saharan African individ- pursuant to section 301 of this Act. institutions. uals to manage the economy of sub-Saharan ‘‘(B) REQUIREMENT TO SUPERSEDE WAIVER (c) CONTINUING COMPLIANCE.— Africa. AUTHORITY.—The provisions of this sub- (1) MONITORING AND REVIEW OF CERTAIN (I) Ensuring sustainable economic growth section shall not be superseded except by a COUNTRIES.—The President shall monitor and through environmental protection. provision of law enacted after the date of the review the progress of those sub-Saharan Af- (4) The African Development Foundation enactment of the African Growth and Oppor- rican countries that have been determined to has a unique congressional mandate to em- tunity Act which specifically repeals, modi- be eligible under subsection (a) but are in power the poor to participate fully in devel- fies, or supersedes such provisions.’’. need of making continual progress in meet- opment and to increase opportunities for SEC. 6. UNITED STATES–SUB-SAHARAN AFRICA ing one or more of the requirements of such gainful employment, poverty alleviation, TRADE AND ECONOMIC COOPERA- subsection. and more equitable income distribution in TION FORUM. (2) INELIGIBILITY OF CERTAIN COUNTRIES.—A sub-Saharan Africa. The African Develop- (a) DECLARATION OF POLICY.—The President sub-Saharan African country described in ment Foundation has worked successfully to shall convene annual high-level meetings be- paragraph (1) that has not made continual enhance the role of women as agents of tween appropriate officials of the United progress in meeting the requirements with change, strengthen the informal sector with States Government and officials of the gov- which it is not in compliance shall be ineli- an emphasis on supporting micro and small ernments of sub-Saharan African countries gible to participate in programs, projects, or sized enterprises, indigenous technologies, in order to foster close economic ties be- activities, or receive assistance or other ben- and mobilizing local financing. The African tween the United States and sub-Saharan Af- efits, under this Act. Development Foundation should develop and rica. SEC. 5. ADDITIONAL AUTHORITIES AND IN- implement strategies for promoting partici- (b) ESTABLISHMENT.—Not later than 12 CREASED FLEXIBILITY TO PROVIDE pation in the socioeconomic development months after the date of the enactment of ASSISTANCE UNDER THE DEVELOP- process of grassroots and informal sector this Act, the President, after consulting with MENT FUND FOR AFRICA. groups such as nongovernmental organiza- the governments concerned, shall establish a SE OF USTAINABLE EVELOPMENT S United States–Sub-Saharan Africa Trade and (a) U S D A - tions, cooperatives, artisans, and traders SISTANCE TO SUPPORT FURTHER ECONOMIC Economic Cooperation Forum (hereafter in into the programs and initiatives established GROWTH.—It is the sense of the Congress that this section referred to as the ‘‘Forum’’). under this Act. sustained economic growth in sub-Saharan (c) REQUIREMENTS.—In creating the Forum, DDITIONAL AUTHORITIES.— Africa depends in large measure upon the de- (c) A the President shall meet the following re- velopment of a receptive environment for (1) IN GENERAL.—Section 496(h) of the For- quirements: trade and investment, and that to achieve eign Assistance Act of 1961 (22 U.S.C. 2293(h)) (1) The President shall direct the Secretary this objective the United States Agency for is amended— of Commerce, the Secretary of the Treasury, International Development should continue (A) by redesignating paragraph (3) as para- the Secretary of State, and the United to support programs which help to create graph (4); and States Trade Representative to host the first this environment. Investments in human re- (B) by inserting after paragraph (2) the fol- annual meeting with the counterparts of sources, development, and implementation lowing: such Secretaries from the governments of of free market policies, including policies to ‘‘(3) DEMOCRATIZATION AND CONFLICT RESO- sub-Saharan African countries eligible under liberalize agricultural markets and improve LUTION CAPABILITIES.—Assistance under this section 4, the Secretary General of the Orga- food security, and the support for the rule of section may also include program assist- nization of African Unity, and government law and democratic governance should con- ance— officials from other appropriate countries in tinue to be encouraged and enhanced on a bi- ‘‘(A) to promote democratization, good Africa, to discuss expanding trade and in- lateral and regional basis. governance, and strong civil societies in sub- vestment relations between the United (b) DECLARATIONS OF POLICY.—The Con- Saharan Africa; and States and sub-Saharan Africa and the im- gress makes the following declarations: ‘‘(B) to strengthen conflict resolution ca- plementation of this Act. (1) The Development Fund for Africa estab- pabilities of governmental, intergovern- (2)(A) The President, in consultation with lished under chapter 10 of part I of the For- mental, and nongovernmental entities in the Congress, shall encourage United States eign Assistance Act of 1961 (22 U.S.C. 2293 et sub-Saharan nongovernmental organizations to host an- seq.) has been an effective tool in providing Africa.’’. nual meetings with nongovernmental organi- development assistance to sub-Saharan Afri- (2) CONFORMING AMENDMENT.—Section zations from sub-Saharan Africa in conjunc- ca since 1988. 496(h)(4) of such Act, as amended by para- tion with the annual meetings of the Forum (2) The Development Fund for Africa will graph (1), is further amended by striking for the purpose of discussing the issues de- complement the other provisions of this Act ‘‘paragraphs (1) and (2)’’ in the first sentence scribed in paragraph (1). and lay a foundation for increased trade and and inserting ‘‘paragraphs (1), (2), and (3)’’. (B) The President, in consultation with the investment opportunities between the (d) WAIVER AUTHORITY.—Section 496 of the Congress, shall encourage United States rep- United States and sub-Saharan Africa. Foreign Assistance Act of 1961 (22 U.S.C. resentatives of the private sector to host an- (3) Assistance provided through the Devel- 2293) is amended by adding at the end the fol- nual meetings with representatives of the opment Fund for Africa will continue to sup- lowing: private sector from sub-Saharan Africa in port programs and activities that promote ‘‘(p) WAIVER AUTHORITY.— conjunction with the annual meetings of the the long term economic development of sub- ‘‘(1) IN GENERAL.—Except as provided in Forum for the purpose of discussing the Saharan Africa, such as programs and activi- paragraph (2), the President may waive any issues described in paragraph (1). ties relating to the following: provision of law that earmarks, for a speci- (3) The President shall, to the extent prac- (A) Strengthening primary and vocational fied country, organization, or purpose, funds ticable, meet with the heads of governments education systems, especially the acquisi- made available to carry out this chapter if of sub-Saharan African countries eligible tion of middle-level technical skills for oper- the President determines that the waiver of under section 4 not less than once every two ating modern private businesses and the in- such provision of law would provide in- years for the purpose of discussing the issues troduction of college level business edu- creased flexibility in carrying out this chap- described in paragraph (1). The first such cation, including the study of international ter. meeting should take place not later than business, finance, and stock exchanges. ‘‘(2) EXCEPTIONS.— twelve months after the date of the enact- (B) Strengthening health care systems. ‘‘(A) CHILD SURVIVAL ACTIVITIES.—The au- ment of this Act. (C) Strengthening service thority contained in paragraph (1) may not (d) AUTHORIZATION OF APPROPRIATIONS.— delivery systems. be used to waive a provision of law that ear- There are authorized to be appropriated such (D) Supporting democratization, good gov- marks funds made available to carry out this sums as may be necessary to carry out this ernance and civil society and conflict resolu- chapter for the following purposes: section. tion efforts. ‘‘(i) Immunization programs. SEC. 7. UNITED STATES–SUB-SAHARAN AFRICA (E) Increasing food security by promoting ‘‘(ii) Oral rehydration programs. FREE TRADE AREA. the expansion of agricultural and agri- ‘‘(iii) Health and nutrition programs, and (a) DECLARATION OF POLICY.—The Congress culture-based industrial production and pro- related education programs, which address declares that a United States–Sub-Saharan ductivity and increasing real incomes for the needs of mothers and children. Africa Free Trade Area should be estab- poor individuals. ‘‘(iv) Water and programs. lished, or free trade agreements should be (F) Promoting an enabling environment for ‘‘(v) Assistance for displaced and orphaned entered into, in order to serve as the cata- private sector-led growth through sustained children. lyst for increasing trade between the United

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4896 CONGRESSIONAL RECORD — SENATE May 21, 1997 States and sub-Saharan Africa and increas- percent of total imports, they will not rep- growth, product, or manufacture of an eligi- ing private sector development in sub-Saha- resent a threat to United States workers, ble country in sub-Saharan Africa that is a ran Africa. consumers, or manufacturers. beneficiary , if, after re- (b) PLAN REQUIREMENT.— (b) SENSE OF THE CONGRESS.—It is the sense ceiving the advice of the International Trade (1) IN GENERAL.—The President, taking of the Congress that— Commission in accordance with subsection into account the provisions of the treaty es- (1) it would be to the mutual benefit of the (e), the President determines that such arti- tablishing the African Economic Community countries in sub-Saharan Africa and the cle is not import-sensitive in the context of and the willingness of the governments of United States to ensure that the commit- imports from eligible countries in sub-Saha- Sub-Saharan African countries to engage in ments of the World Trade Organization and ran Africa. This subparagraph shall not af- negotiations to enter into free trade agree- associated agreements are faithfully imple- fect the designation of eligible articles under ments, shall develop a plan for the purpose of mented in each of the member countries, so subparagraph (B).’’. entering into one or more trade agreements as to lay the groundwork for sustained (b) RULES OF ORIGIN.—Section 503(a)(2) of with sub-Saharan African countries eligible growth in textile and apparel exports and the Trade Act of 1974 (19 U.S.C. 2463(a)(2)) is under section 4 in order to establish a United trade under agreed rules and disciplines; amended by adding at the end the following: States–Sub-Saharan Africa Free Trade Area (2) reform of trade policies in sub-Saharan ‘‘(C) ELIGIBLE COUNTRIES IN SUB-SAHARAN (hereafter in this section referred to as the Africa with the objective of removing struc- AFRICA.—For purposes of determining the ‘‘Free Trade Area’’). tural impediments to trade, consistent with percentage referred to in subparagraph (A) in (2) ELEMENTS OF PLAN.—The plan shall in- obligations under the World Trade Organiza- the case of an article of an eligible country clude the following: tion, can assist the countries of the region in in sub-Saharan Africa that is a beneficiary (A) The specific objectives of the United achieving greater and greater diversification developing country— States with respect to the establishment of of textile and apparel export commodities ‘‘(i) if the cost or value of materials pro- the Free Trade Area and a suggested time- and products and export markets; and duced in the customs territory of the United table for achieving those objectives. (3) the President should support textile and States is included with respect to that arti- (B) The benefits to both the United States apparel trade reform in sub-Saharan Africa cle, an amount not to exceed 15 percent of and sub-Saharan Africa with respect to the by, among other measures, providing tech- the appraised value of the article at the time Free Trade Area. nical assistance, sharing of information to it is entered that is attributed to such (C) A mutually agreed-upon timetable for expand basic knowledge of how to trade with United States cost or value may be applied establishing the Free Trade Area. the United States, and encouraging business- toward determining the percentage referred (D) The implications for and the role of re- to-business contacts with the region. to in subparagraph (A); and gional and sub-regional organizations in sub- (c) TREATMENT OF QUOTAS.— ‘‘(ii) the cost or value of the materials in- Saharan Africa with respect to the Free (1) KENYA AND MAURITIUS.—Pursuant to the cluded with respect to that article that are Trade Area. Agreement on Textiles and Clothing, the produced in any beneficiary developing coun- (E) Subject matter anticipated to be cov- United States shall eliminate the existing try that is an eligible country in sub-Saha- ered by the agreement for establishing the quotas on textile and apparel exports to the ran Africa shall be applied in determining Free Trade Area and United States laws, pro- United States— such percentage.’’. grams, and policies, as well as the laws of (A) from Kenya within 30 days after that (c) WAIVER OF COMPETITIVE NEED LIMITA- participating eligible African countries and country adopts a cost-effective and efficient TION.—Section 503(c)(2)(D) of the Trade Act existing bilateral and multilateral and eco- visa system to guard against unlawful trans- of 1974 (19 U.S.C. 2463(c)(2)(D)) is amended to nomic cooperation and trade agreements, shipment of textile and apparel goods; and read as follows: that may be affected by the agreement or (B) from Mauritius within 30 days after ‘‘(D) LEAST-DEVELOPED BENEFICIARY DEVEL- agreements. that country adopts such a visa system. OPING COUNTRIES AND ELIGIBLE COUNTRIES IN (F) Procedures to ensure the following: The Customs Service shall provide the nec- SUB-SAHARAN AFRICA.—Subparagraph (A) (i) Adequate consultation with the Con- essary assistance to Kenya and Mauritius in shall not apply to any least-developed bene- gress and the private sector during the nego- the development and implementation of ficiary developing country or any eligible tiation of the agreement or agreements for those visa systems. The Customs Service country in sub-Saharan Africa.’’. establishing the Free Trade Area. shall monitor and the Commissioner of Cus- (c) EXTENSION OF PROGRAM.—Section 505 of (ii) Consultation with the Congress regard- toms shall submit to the Congress, not later the Trade Act of 1974 (19 U.S.C. 2465) is ing all matters relating to implementation than March 31 of each year, a report on the amended to read as follows: of the agreement or agreements. effectiveness of those visa systems during ‘‘SEC. 505. DATE OF TERMINATION. (iii) Approval by the Congress of the agree- the preceding calendar year. ment or agreements. ‘‘(a) COUNTRIES IN SUB-SAHARAN AFRICA.— (2) OTHER SUB-SAHARAN COUNTRIES.—The No duty-free treatment provided under this (iv) Adequate consultations with the rel- President shall continue the existing no evant African governments and African re- title shall remain in effect after May 31, 2007, quota policy for countries in sub-Saharan Af- with respect to beneficiary developing coun- gional and subregional intergovernmental rica. The President shall submit to the Con- organizations during the negotiations of the tries that are eligible countries in sub-Saha- gress, not later than March 31 of each year, ran Africa. agreement or agreements. a report on the growth in textiles and ap- (c) REPORTING REQUIREMENT.—Not later ‘‘(b) OTHER COUNTRIES.—No duty-free parel exports to the United States from than 12 months after the date of the enact- treatment provided under this title shall re- ment of this Act, the President shall prepare countries in sub-Saharan Africa in order to main in effect after May 31, 1997, with re- and transmit to the Congress a report con- protect United States consumers, workers, spect to beneficiary developing countries taining the plan developed pursuant to sub- and textile manufacturers from economic in- other than those provided for in subsection section (b). jury on account of the no quota policy. The (a).’’. President should ensure that any country in SEC. 8. ELIMINATING TRADE BARRIERS AND EN- (d) DEFINITION.—Section 507 of the Trade COURAGING EXPORTS. sub-Saharan Africa that intends to export Act of 1974 (19 U.S.C. 2467) is amended by add- (a) FINDINGS.—The Congress makes the fol- substantial textile and apparel goods to the ing at the end the following: lowing findings: United States has in place a functioning and ‘‘(6) ELIGIBLE COUNTRY IN SUB-SAHARAN AF- (1) The lack of competitiveness of sub-Sa- efficient visa system to guard against unlaw- RICA.—The terms ‘eligible country in sub-Sa- haran Africa in the global market, especially ful transshipment of textile and apparel haran Africa’ and ‘eligible countries in sub- in the manufacturing sector, make it a lim- goods. Saharan Africa’ means a country or coun- ited threat to market disruption and no (d) DEFINITION.—For purposes of this sec- tries that the President has determined to be threat to United States jobs. tion, the term ‘‘Agreement on Textiles and eligible under section 4 of the African (2) Annual textile and apparel exports to Clothing’’ means the Agreement on Textiles Growth and Opportunity Act.’’. the United States from sub-Saharan Africa and Clothing referred to in section 101(d)(4) SEC. 10. INTERNATIONAL FINANCIAL INSTITU- represent less than 1 percent of all textile of the Uruguay Round Agreements Act (19 TIONS AND DEBT REDUCTION. and apparel exports to the United States, U.S.C. 3511(d)(4)). (a) INTERNATIONAL FINANCIAL INSTITU- which totaled $45,932,000,000 in 1996. SEC. 9. GENERALIZED SYSTEM OF PREFERENCES. TIONS.—(1) It is the sense of the Congress (3) Sub-Saharan Africa has limited textile (a) PREFERENTIAL TARIFF TREATMENT FOR that international financial institutions and manufacturing capacity. During 1998 and the CERTAIN ARTICLES.—Section 503(a)(1) of the improved application of programs such as succeeding 4 years, this limited capacity to Trade Act of 1974 (19 U.S.C. 2463(a)) is amend- those of the International Development As- manufacture textiles and apparel is pro- ed— sociation, the African Development Bank, jected to grow at a modest rate. Given this (1) by redesignating subparagraph (C) as the African Development Fund, and the En- limited capacity to export textiles and ap- subparagraph (D); and hanced Structural Adjustment Facility of parel, it will be very difficult for these ex- (2) by inserting after subparagraph (B) the the International Monetary Fund are vital ports from sub-Saharan Africa, during 1998 following: to achieving the purposes of this Act. and the succeeding 9 years, to exceed 3 per- ‘‘(C) ELIGIBLE COUNTRIES IN SUB-SAHARAN (2) The Congress supports the efforts of the cent annually of total imports of textile and AFRICA.—The President may provide duty- executive branch to encourage international apparel to the United States. If these exports free treatment for any article set forth in financial institutions to develop enhanced from sub-Saharan Africa remain around 3 paragraph (1) of subsection (b) that is the mechanisms for providing financing for

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4897 countries eligible under section 4, consistent nership managed by professional private sec- one such member shall be selected from with the purposes of this Act. tor fund managers and monitored on a con- among persons who have extensive private (b) DEBT REDUCTION.—(1) It is the sense of tinuing basis by the Corporation. sector experience in sub-Saharan Africa’’ be- the Congress that the executive branch (2) CAPITALIZATION.—Each fund should be fore the period. should extinguish concessional debt owed to capitalized with a combination of private eq- (2) ADVISORY BOARD.— the United States by the poorest countries in uity capital, which is not guaranteed by the (A) IN GENERAL.—Section 3 of such Act (12 sub-Saharan Africa that are heavily indebted Corporation, and debt for which the Corpora- U.S.C. 635a) is amended by adding at the end and pursuing bold growth-oriented policies, tion provides guaranties. the following: and that the executive branch should seek (3) TYPES OF FUNDS.— ‘‘(f) The Board of Directors shall take comparable action by other creditors of such (A) EQUITY FUND FOR SUB-SAHARAN AFRI- prompt measures to increase the loan, guar- countries. CA.—One of the funds should be an equity antee, and insurance programs, and financial (2) The Congress supports the efforts of the fund, with assets of up to $150,000,000, the pri- commitments, of the Bank in sub-Saharan executive branch to secure agreement from mary purpose of which is to achieve long- Africa, including through the establishment international financial institutions on max- term capital appreciation through equity in- and use of an advisory committee to assist imum debt reduction for sub-Saharan Africa vestments in support of projects in countries the Board of Directors in developing and im- as part of the multilateral initiative referred in sub-Saharan Africa. plementing policies, programs, and financial to as the Heavily Indebted Poor Countries (B) INFRASTRUCTURE FUND.—One or more of instruments designed to support the expan- (HIPC) initiative. the funds, with combined assets of up to sion of, and increase in, the provision of (c) EXECUTIVE BRANCH INITIATIVES.—The $500,000,000, should be used in support of in- loans, guarantees, and insurance with re- Congress supports and encourages the imple- frastructure projects in countries of sub-Sa- spect to sub-Saharan Africa. In addition, the mentation of the following initiatives of the haran Africa. The primary purpose of any advisory board shall make recommendations executive branch: such fund would be to achieve long-term cap- to the Board of Directors on how the Bank (1) AMERICAN-AFRICAN BUSINESS PARTNER- ital appreciation through investing in fi- can facilitate greater support by United SHIP.—The Agency for International Devel- nancing for infrastructure projects in sub- States commercial banks for trade and in- opment devoting up to $1,000,000 annually to Saharan Africa, including for the expansion vestment with and in sub-Saharan Africa.’’. help catalyze relationships between United of businesses in sub-Saharan Africa, (B) REPORTS TO THE CONGRESS.—Within 6 States firms and firms in sub-Saharan Africa restructurings, management buyouts and months after the date of the enactment of through a variety of business associations buyins, businesses with local ownership, and this Act, and annually for each of the 4 years and networks. privatizations. thereafter, the Board of Directors of the Ex- (2) TECHNICAL ASSISTANCE TO PROMOTE RE- (4) EMPHASIS.—The Corporation shall en- port-Import Bank shall submit to the Con- FORMS.—The Agency for International Devel- sure that the funds are used to provide sup- gress a report on the steps that the Board opment providing up to $5,000,000 annually in port in particular to women entrepreneurs has taken to implement section 3(f) of the short-term technical assistance programs to and to innovative investments that expand Export-Import Bank Act of 1945 and any rec- help the governments of sub-Saharan African opportunities for women and maximize em- ommendations of the advisory board estab- countries to— ployment opportunities for poor individuals. lished pursuant to such section. (A) liberalize trade and promote exports; (B) bring their legal regimes into compli- SEC. 12. OVERSEAS PRIVATE INVESTMENT COR- SEC. 13. ESTABLISHMENT OF ASSISTANT UNITED PORATION AND EXPORT-IMPORT STATES TRADE REPRESENTATIVE ance with the standards of the World Trade BANK INITIATIVES. FOR SUB-SAHARAN AFRICA. Organization in conjunction with member- (a) OVERSEAS PRIVATE INVESTMENT COR- (a) ESTABLISHMENT.—The President shall ship in that Organization; and PORATION.— establish a position of Assistant United (C) make financial and fiscal reforms, as (1) BOARD OF DIRECTORS TO INCLUDE MEMBER States Trade Representative within the Of- well as the United States Department of Ag- WITH PRIVATE SECTOR EXPERIENCE IN SUB-SA- fice of the United States Trade Representa- riculture providing support to promote HARAN AFRICA.—Section 233(b) of the Foreign tive to focus on trade issues relating to sub- greater agribusiness linkages. Assistance Act of 1961 (22 U.S.C. 2193(b)) is Saharan Africa. (3) AGRICULTURAL MARKET LIBERALIZA- amended in the first paragraph by inserting (b) FUNDING AND STAFF.—The President TION.—The Agency for International Devel- after the fifth sentence the following: ‘‘At shall ensure that the Assistant United States opment devoting up to $15,000,000 annually as least one of the eight Directors appointed Trade Representative appointed pursuant to part of the multi-year Africa Food Security under the fourth sentence shall have exten- paragraph (1) has adequate funding and staff Initiative to help address such critical agri- sive private sector experience in sub-Saha- to carry out the duties described in para- cultural policy issues as market liberaliza- ran Africa.’’. graph (1). tion, agricultural export development, and (2) ADVISORY BOARD.— SEC. 14. REPORTING REQUIREMENT. agribusiness investment in processing and (A) IN GENERAL.—Section 233 of the Foreign transporting agricultural commodities. The President shall submit to the Con- Assistance Act of 1961 is amended by adding gress, not later than 1 year after the date of (4) TRADE PROMOTION.—The Trade Develop- at the end the following: ment Agency increasing the number of re- the enactment of this Act, and not later than ‘‘(e) ADVISORY BOARD.—The Board shall the end of each of the next 4 1-year periods verse trade missions to growth-oriented take prompt measures to increase the loan, countries in sub-Saharan Africa. thereafter, a report on the implementation guarantee, and insurance programs, and fi- of this Act. (5) TRADE IN SERVICES.—Efforts by United nancial commitments, of the Corporation in States embassies in the countries in sub-Sa- sub-Saharan Africa, including through the SEC. 15. SUB-SAHARAN AFRICA DEFINED. haran Africa to encourage their host govern- establishment and use of an advisory com- For purposes of this Act, the terms ‘‘sub- ments— mittee to assist the Board in developing and Saharan Africa’’, ‘‘sub-Saharan African (A) to participate in the ongoing negotia- implementing policies, programs, and finan- country’’, ‘‘country in sub-Saharan Africa’’, tions on financial services in the World cial instruments designed to support the ex- and ‘‘countries in sub-Saharan Africa’’ refer Trade Organization; pansion of, and increase in, the provision of to the following: (B) to revise their existing schedules to the loans, guarantees, and insurance with re- Republic of Angola (Angola) General Agreement on Trade in Services of spect to sub-Saharan Africa. In addition, the Republic of Botswana (Botswana) the World Trade Organization in light of the advisory board shall make recommendations Republic of Burundi (Burundi) successful conclusion of negotiations on to the Board on how the Corporation can fa- Republic of Cape Verde (Cape Verde) basic telecommunications services; and cilitate greater support by the United States Republic of Chad (Chad) (C) to make further commitments in their for trade and investment with and in sub-Sa- Republic of the Congo (Congo) schedules to the General Agreement on haran Africa.’’. Republic of Djibouti (Djibouti) Trade in Services in order to encourage the (B) REPORTS TO THE CONGRESS.—Within 6 State of Eritrea (Eritrea) removal of tariff and nontariff barriers and months after the date of the enactment of Gabonese Republic (Gabon) to foster competition in the services sector this Act, and annually for each of the 4 years Republic of Ghana (Ghana) in those countries. thereafter, the Board of Directors of the Republic of Guinea-Bissau (Guinea-Bissau) SEC. 11. SUB-SAHARAN AFRICA EQUITY AND IN- Overseas Private Investment Corporation Kingdom of Lesotho (Lesotho) FRASTRUCTURE FUNDS. shall submit to the Congress a report on the Republic of Madagascar (Madagascar) (a) INITIATION OF FUNDS.—It is the sense of steps that the Board has taken to implement Republic of Mali (Mali) the Congress that the Overseas Private In- section 233(e) of the Foreign Assistance Act Republic of Mauritius (Mauritius) vestment Corporation should, within 12 of 1961 and any recommendations of the advi- Republic of Namibia (Namibia) months after the date of the enactment of sory board established pursuant to such sec- Federal Republic of Nigeria (Nigeria) this Act, exercise the authorities it has to tion. Democratic Republic of Sao Tome´ and initiate 2 or more equity funds in support of (b) EXPORT-IMPORT BANK.— Principe (Sao Tome´ and Principe) projects in the countries in sub-Saharan Af- (1) BOARD OF DIRECTORS TO INCLUDE MEMBER Republic of Sierra Leone (Sierra Leone) rica. WITH PRIVATE SECTOR EXPERIENCE IN SUB-SA- Somalia (b) STRUCTURE AND TYPES OF FUNDS.— HARAN AFRICA.—Section 3(c)(8)(B) of the Ex- Kingdom of Swaziland (Swaziland) (1) STRUCTURE.—Each fund initiated under port-Import Bank Act of 1945 (12 U.S.C. Republic of Togo (Togo) subsection (a) should be structured as a part- 635a(c)(8)(B)) is amended by inserting ‘‘, and Republic of Zaire (Zaire)

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4898 CONGRESSIONAL RECORD — SENATE May 21, 1997 Republic of Zimbabwe (Zimbabwe) demonstration project to study and S. 764 Republic of Benin (Benin) provide coverage of routine patient At the request of Mr. SPECTER, the Burkina Faso (Burkina) care costs for medicare beneficiaries name of the Senator from Vermont Republic of Cameroon (Cameroon) with cancer who are enrolled in an ap- [Mr. JEFFORDS] was added as a cospon- Central African Republic Federal Islamic Republic of the Comoros proved clinical trial program. sor of S. 764, a bill to reauthorize the (Comoros) S. 419 mass transit programs of the Federal Republic of Coˆ te d’Ivoire (Coˆ te d’Ivoire) At the request of Mr. BOND, the name Government. Republic of Equatorial Guinea (Equatorial of the Senator from West Virginia [Mr. S. 766 Guinea) ROCKEFELLER] was added as a cospon- At the request of Ms. SNOWE, the Ethiopia sor of S. 419, a bill to provide surveil- name of the Senator from Texas [Mrs. Republic of the Gambia (Gambia) lance, research, and services aimed at Republic of Guinea (Guinea) HUTCHISON] was added as a cosponsor of Republic of Kenya (Kenya) prevention of birth defects, and for S. 766, a bill to require equitable cov- Republic of Liberia (Liberia) other purposes. erage of prescription contraceptive Republic of Malawi (Malawi) S. 436 drugs and devices, and contraceptive Islamic Republic of Mauritania (Mauri- At the request of Mr. ROTH, the name services under health plans. tania) of the Senator from Washington [Mrs. S. 769 Republic of Mozambique (Mozambique) MURRAY] was added as a cosponsor of At the request of Mr. LAUTENBERG, Republic of Niger (Niger) S. 436, a bill to amend the Internal the names of the Senator from South Republic of Rwanda (Rwanda) Revenue Code of 1986 to provide for the Republic of Senegal (Senegal) Dakota [Mr. DASCHLE] and the Senator Republic of Seychelles (Seychelles) establishment of an intercity passenger from Washington [Mrs. MURRAY] were Republic of South Africa (South Africa) rail trust fund, and for other purposes. added as cosponsors of S. 769, a bill to Republic of Sudan (Sudan) S. 496 amend the provisions of the Emergency United Republic of Tanzania (Tanzania) At the request of Mr. CHAFEE, the Planning and Community Right-To- Republic of Uganda (Uganda) name of the Senator from Kentucky Know Act of 1986 to expand the public’s ∑ Republic of Zambia (Zambia) [Mr. FORD] was added as a cosponsor of right to know about toxic chemical use f S. 496, a bill to amend the Internal and release, to promote pollution pre- ADDITIONAL COSPONSORS Revenue Code of 1986 to provide a cred- vention, and for other purposes. it against income tax to individuals S. 2 SENATE RESOLUTION 57 who rehabilitate historic homes or who At the request of Mr. DORGAN, the At the request of Mr. ROTH, the name are the first purchasers of rehabilitated of the Senator from Mississippi [Mr. names of the Senator from Hawaii [Mr. historic homes for use as a principal AKAKA], the Senator from South Da- COCHRAN] was added as a cosponsor of residence. S. 2, a bill to amend the Internal Rev- kota [Mr. JOHNSON], the Senator from S. 498 enue Code of 1986 to provide tax relief Alaska [Mr. MURKOWSKI], the Senator At the request of Mr. CHAFEE, the for American families, and for other from Arkansas [Mr. BUMPERS], and the name of the Senator from Louisiana purposes. Senator from Wyoming [Mr. THOMAS] [Mr. BREAUX] was added as a cosponsor S. 50 were added as cosponsors of Senate of S. 498, a bill to amend the Internal Resolution 57, a resolution to support At the request of Mr. FAIRCLOTH, the Revenue Code of 1986 to allow an em- name of the Senator from Florida [Mr. the commemoration of the bicenten- ployee to elect to receive taxable cash nial of the Lewis and Clark Expedition. MACK] was added as a cosponsor of S. compensation on lieu of nontaxable SENATE RESOLUTION 85 50, a bill to amend the Internal Rev- parking benefits, and for other pur- At the request of Mr. GREGG, the enue Code of 1986 to provide a non- poses. refundable tax credit for the expenses name of the Senator from Mississippi S. 528 of an education at a 2-year college. [Mr. LOTT] was added as a cosponsor of At the request of Mr. CAMPBELL, the S. 127 Senate Resolution 85, a resolution ex- name of the Senator from Minnesota pressing the sense of the Senate that At the request of Mr. MOYNIHAN, the [Mr. GRAMS] was added as a cosponsor name of the Senator from Nebraska individuals affected by breast cancer of S. 528, a bill to require the display of should not be alone in their fight [Mr. HAGEL] was added as a cosponsor the POW/MIA flag on various occasions against the disease. of S. 127, a bill to amend the Internal and in various locations. f Revenue Code of 1986 to make perma- S. 609 nent the exclusion for employer-pro- At the request of Mr. KENNEDY, the SENATE RESOLUTION 88—REL- vided educational assistance programs, name of the Senator from Nevada [Mr. ATIVE TO THE JUMP$TART COA- and for other purposes. REID] was added as a cosponsor of S. LITION FOR PERSONAL LIT- S. 219 609, a bill to amend the Public Health ERACY At the request of Mr. GRASSLEY, the Service Act and Employee Retirement Mr. D’AMATO submitted the fol- name of the Senator from Kansas [Mr. Income Security Act of 1974 to require lowing resolution; which was referred BROWNBACK] was added as a cosponsor that group and individual health insur- to the Committee on Banking, Hous- of S. 219, a bill to amend the Trade Act ance coverage and group health plans ing, and Urban Affairs; of 1974 to establish procedures for iden- provide coverage for reconstructive S. RES. 88 tifying countries that deny market ac- breast surgery if they provide coverage Whereas at a time when more consumers cess for value-added agricultural prod- for mastectomies. are using credit than ever before, the finan- ucts of the United States. S. 648 cial skills of young adults are not adequate S. 275 At the request of Mr. GORTON, the to cope with the rapid, technologically driv- At the request of Mr. CHAFEE, the name of the Senator from Oklahoma en development of new financial products names of the Senator from California [Mr. INHOFE] was added as a cosponsor and new ways to deliver those products; Whereas lack of financial management [Mrs. BOXER] and the Senator from of S. 648, a bill to establish legal stand- skills is a major cause of rising consumer Florida [Mr. GRAHAM] were added as ards and procedures for product liabil- bankruptcies and family crises, and gen- cosponsors of S. 275, a bill to amend the ity litigation, and for other purposes. erally impairs the health and welfare of the Internal Revenue Code of 1986 to pro- S. 747 general public; vide for tax-exempt financing of pri- At the request of Mr. ROTH, the Whereas it is critical that students and vate sector highway infrastructure names of the Senator from Nebraska young adults develop functional skills in construction. [Mr. HAGEL] and the Senator from Indi- money management, including basic budg- eting, savings, investing, spending, and in- S. 381 ana [Mr. LUGAR] were added as cospon- come; At the request of Mr. ROCKEFELLER, sors of S. 747, a bill to amend trade Whereas the Senate commends the the name of the Senator from South laws and related provisions to clarify Jump$tart Coalition for Personal Financial Dakota [Mr. JOHNSON] was added as a the designation of normal trade rela- Literacy for its effort to promote personal fi- cosponsor of S. 381, a bill to establish a tions. nancial literacy; and

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4899 Whereas the Senate supports the Coali- The resolution I place before the Sen- SENATE RESOLUTION 89—REL- tion’s objective of promoting education to ate today recognizes the danger to our ATIVE TO THE COMMITTEE ON ensure that basic personal management Nation’s continued economic vitality GOVERNMENTAL AFFAIRS FOR skills are attained during the kindergarten through 12th grade educational experience: by its support of an innovative public- THE 105TH CONGRESS Now, therefore, be it private partnership, called the Mr. LOTT submitted the following Resolved, That it is the sense of the Senate Jump$tart Coalition for Personal Fi- resolution; which was considered and that the goal of having young adults who can nancial Literacy. Jump$tart’s primary agreed to: enter the mainstream of an increasingly goal is to improve the financial lit- complex financial world with confidence and S. RES. 89 prudence is one which can be advanced eracy of our children from kinder- Resolved, That notwithstanding the restric- through coordinated efforts such as the garten through twelfth grade by tions contained in Rule 25, the following Jump$tart Coalition for Personal Financial strengthening curriculums across the shall be the majority party’s membership on Literacy. country in their teaching of basic fi- the Governmental Affairs committee for the Mr. D’AMATO. Mr. President, I rise nancial management skills, such as 105th Congress, or until their successors are today to submit a sense-of-the-Senate budgeting, saving, investing, and bor- chosen: resolution on a subject of profound im- rowing. Committee on Governmental Affairs: Mr. portance for the youth of our Nation Thompson (Chair), Ms. Collins, Mr. Brown- and the future economic well-being of Additionally, Jump$tart puts into back, Mr. Domenici, Mr. Cochran, Mr. Nick- our citizens and our country. It is a place mechanisms to survey high les, Mr. Specter, Mr. Smith (NH), and Mr. Bennett. subject that every single adult in our school seniors every other year to mon- country must deal with on a day-to- itor the understanding of the students f day basis and whose fortune depends on toward financial literacy. With the AMENDMENTS SUBMITTED its successful application. And yet, no data provided by the surveys, we will matter how vital this subject is, we be able to track the progress of schools often don’t realize what scant energy as they improve their teaching of fi- CONCURRENT RESOLUTION ON and resources are devoted to mastering nancial literacy. THE BUDGET it. What is this subject that is woven Mr. President, the Jump$tart Coali- throughout our lives, touching every- tion will also create a national data HATCH (AND OTHERS) one but which is frequently ignored? base to hold an annotated listing of in- AMENDMENT NO. 297 Simply put, it is financial literacy; the formation in personal finance edu- ability to manage money. cation. I believe this will be an invalu- Mr. HATCH (for himself, Mr. KEN- Modern American life offers us a able clearinghouse of knowledge, giv- NEDY, and Mr. KERRY) proposed an world of almost limitless financial pos- ing our teachers and school districts a amendment to the concurrent resolu- sibilities. Marshalling all the knowl- wide range of teaching materials which tion (S. Con. Res. 27) setting forth the edge and resources of the modern mar- they can choose from to suit their par- congressional budget for the United ketplace, people today are provided ticular situation. States Government for fiscal years with a tremendous variety of choices 1998, 1999, 2000, 2001, and 2002; as fol- Recognizing how important financial about how to earn a living, invest for lows: the future, and provide security for literacy is to the future success of our country, an impressive roster of par- On page 3, line 3, increase the amount by their families. The benefits of such fi- 6,000,000,000. nancial diversity are obviously great, ticipating organizations has lined up in On page 3, line 4, increase the amount by but only if coupled with the knowledge support of the Jump$tart Coalition. 6,000,000,000. of how to apply basic economic rea- From the Federal Reserve, to the On page 3, line 5, increase the amount by soning. For all too many of our fellow American Financial Services Associa- 6,000,000,000. citizens, this knowledge was never im- tion to the Consumer Bankers Associa- On page 3, line 6, increase the amount by parted to them in all their years of tion to institutions of higher learning, 6,000,000,000. schooling. including one from my home State, the On page 3, line 7, increase the amount by The consequences of such financial State University of New York (SUNY) 6,000,000,000. ignorance are obvious and extremely On page 3, line 11, increase the amount by at Oneonta; they know the keys to per- 6,000,000,000. costly, not only on a personal level, sonal success lie with teaching kids fi- On page 3, line 12, increase the amount by but also to the country’s economy. Ex- nancial smarts. The Wall Street Jour- 6,000,000,000. traordinarily high consumer debt, nal has signed on as well, utilizing On page 3, line 13, increase the amount by bankruptcy, low savings rates, the in- their innovative Classroom Edition to 6,000,000,000. ability of many to make sound and rea- reach out directly to students, offering On page 3, line 14, increase the amount by sonable budgets and financial plans— instruction in money management. 6,000,000,000. these are the symptoms of a disease On page 3, line 15, increase the amount by that sap our Nation’s strength, Mr. Mr. President, on Thursday, May 22, 6,000,000,000. President. A disease of financial igno- the Jump$tart Coalition will announce On page 4, line 4, increase the amount by the results of a national survey con- 3,000,000,000. rance and apathy. But fortunately one On page 4, line 5, increase the amount by with a cure, if we just make the effort ducted to gage the financial literacy of today’s high school seniors. Prelimi- 3,000,000,000. to teach our children the basic finan- On page 4, line 6, increase the amount by cial management skills we’ve always nary results highlight the urgent need 4,000,000,000. assumed that they had. for work in this area. The Jump$tart On page 4, line 7, increase the amount by Our schools teach reading, writing, Coalition initiatives are voluntary, but 5,000,000,000. history, languages, mathematics, and through public awareness and access to On page 4, line 8, increase the amount by science, among other subjects. But do curriculum information, I am con- 5,000,000,000. we teach our children how to balance a fident we can make great strides in On page 4, line 12, increase the amount by ending the ignorance. The children of 3,000,000,000. checkbook? Do we instruct them on On page 4, line 13, increase the amount by the beauty of compounding interest, today will be the economic decision 3,000,000,000. which allows one to save vast amounts makers of tomorrow; they need dollars On page 4, line 14, increase the amount by of money over the long term for an and sense savvy to make the right deci- 4,000,000,000. education, or retirement, or to buy a sions for themselves and their families, On page 4, line 15, increase the amount by home? Do we instruct them in avoiding and with a little extra effort, we can 5,000,000,000. the credit card trap of easy financing, teach them. The Jump$tart Coalition On page 4, line 16, increase the amount by only to be hit later with high finance is a worthy effort at teaching our 5,000,000,000. charges? Do we train students to un- youth the money management skill On page 4, line 19, increase the amount by 3,000,000,000. derstand how to budget their money, necessary to prosper in the years to On page 4, line 20, increase the amount by and do they realize the relationship of come, and should appeal to members 3,000,000,000. taxes, spending, and investing? Too from both sides of the aisle. I urge my On page 4, line 21, increase the amount by often, Mr. President, we do not. colleagues to support this resolution. 2,000,000,000.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4900 CONGRESSIONAL RECORD — SENATE May 21, 1997 On page 4, line 22, increase the amount by federal funds should not be used for these (A) the Budget of the United States gov- 1,000,000,000. union subsidies and that such funds should ernment as submitted by the President On page 4, line 23, increase the amount by be used for efforts to provide health insur- under section 1105 of title 31, United States 1,000,000,000. ance to uncovered children. Code; or On page 5, line 1, reduce the amount by (B) the Congressional Budget (including al- 3,000,000,000. AMENDMENT NO. 300 locations of budget authority and outlays On page 5, line 2, reduce the amount by At the end of the matter proposed to be in- provided in the Congressional Budget); 6,000,000,000. serted, insert the following: (2) should not be— On page 5, line 3, reduce the amount by (A) considered to be part of any category SEC. . SENSE OF THE SENATE CONCERNING (as defined in section 250(c)(4) of the Bal- 8,000,000,000. TAXPAYER SUBSIDIES OF FEDERAL On page 5, line 4, reduce the amount by EMPLOYEE UNIONS. anced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c)(4))) of discre- 9,000,000,000. It is the sense of the Senate that the provi- tionary appropriations; or On page 5, line 5, reduce the amount by sions of this resolution assume that monies (B) subject to the discretionary spending 10,000,000,000. from the social security and Medicare trust limits established under section 251(b) of the On page 23, line 8, increase the amount by funds will not be used for expenditures for of- Act (2 U.S.C. 901(b)); 3,000,000,000. ficial time for employees of the Social Secu- (3) should not be subject to sequestration On page 23, line 9, increase the amount by rity Administration and the Department of under section 251(a) of the Act (2 U.S.C. 3,000,000,000. Health and Human Services. On page 23, line 15, increase the amount by 901(a)); and 3,000,000,000. (4) should be exempt from any general On page 23, line 16, increase the amount by INHOFE AMENDMENT NO. 301 budget limitation imposed by statute on ex- 3,000,000,000. penditures and net lending (budget outlays) Mr. INHOFE proposed an amendment of the United States government. On page 23, line 22, increase the amount by to the concurrent resolution, Senate 4,000,000,000. Concurrent Resolution 27, supra; as fol- On page 23, line 23, increase the amount by AMENDMENT NO. 303 4,000,000,000. lows: At the appropriate place, insert the fol- On page 24, line 5, increase the amount by At the appropriate place, add the fol- lowing: 5,000,000,000. lowing: SEC. . AIRPORT AND AIRWAY TRUST FUND NOT On page 24, line 6, increase the amount by SEC. . BALANCED UNIFIED BUDGET AFTER 2001. TAKEN INTO ACCOUNT FOR DEFICIT PURPOSES. 5,000,000,000. (a) IN GENERAL.—Except as provided in On page 24, line 12, increase the amount by subsection (b), it shall not be in order in the It is the sense of the Senate that the as- 5,000,000,000. Senate to consider any budget resolution or sumptions underlying the Budget resolution On page 24, line 13, increase the amount by conference report on a budget resolution for that the receipts and disbursements of the 5,000,000,000. fiscal year 2002 and any fiscal year thereafter Airport and Airway Trust Fund— (1) should not be included in the totals of— On page 39, line 22, reduce the amount by (or amendment or motion on such a resolu- (A) the Budget of the United States gov- 500,000,000. tion or conference report) that would cause a ernment as submitted by the President On page 39, line 23, reduce the amount by unified budget deficit for the budget year or under section 1105 of title 31, United States 2,000,000,000. any of the 4 fiscal years following the budget Code; or On page 40, line 16, reduce the amount by year. (B) the Congressional Budget (including al- 4,500,000,000. (b) EXCEPTION.—This section shall not locations of budget authority and outlays On page 40, line 17, reduce the amount by apply if a declaration of war by the Congress 18,000,000,000. provided in the Congressional Budget); is in effect or if a joint resolution pursuant (2) should not be— On page 41, line 7, reduce the amount by to section 258 of the Balanced Budget and (A) considered to be part of any category 6,000,000,000. Emergency Deficit Control Act of 1985 has (as defined in section 250(c)(4) of the Bal- On page 41, line 8, reduce the amount by been enacted. anced Budget and Emergency Deficit Control 30,000,000,000. (c) WAIVER.—This section may be waived Act of 1985 (2 U.S.C. 900(c)(4))) of discre- or suspended in the Senate only by the af- tionary appropriations; or FAIRCLOTH AMENDMENTS NOS. firmative vote of three-fifths of the Mem- (B) subject to the discretionary spending 298–300 bers, duly chosen and sworn. limits established under section 251(b) of the (d) APPEALS.—Appeals in the Senate from Act (2 U.S.C. 901(b)); (Ordered to lie on the table.) the decisions of the Chair relating to any (3) should not be subject to sequestration Mr. FAIRCLOTH submitted three provision of this section shall be limited to 1 under section 251(a) of the Act (2 U.S.C. amendments intended to be proposed hour, to be equally divided between, and con- 901(a)); and by him to an amendment submitted to trolled by, the appellant and the manager of (4) should be exempt from any general the concurrent resolution, Senate Con- the concurrent resolution, bill, or joint reso- budget limitation imposed by statute on ex- lution, as the case may be. An affirmative current Resolution 27, supra; as fol- penditures and net lending (budget outlays) vote of three-fifths of the Members of the of the United States government. lows: Senate, duly chosen and sworn, shall be re- AMENDMENT NO. 298 quired in the Senate to sustain an appeal of AMENDMENT NO. 304 At the end of the matter proposed to be in- the ruling of the Chair on a point of order At the appropriate place, insert the fol- serted, insert the following: raised under this section. lowing: SEC. . SENSE OF THE SENATE CONCERNING (e) DETERMINATION OF BUDGET LEVELS.— For purposes of this section, the levels of SEC. . MILITARY RETIREMENT TRUST FUNDS THE REPEAL OF THE DAVIS-BACON NOT TAKEN INTO ACCOUNT FOR ACT. new budget authority, outlays, new entitle- DEFICIT PURPOSES. It is the sense of the Senate that the provi- ment authority, and revenues for a fiscal It is the sense of the Senate that the as- sions of this resolution assume that the year shall be determined on the basis of esti- sumptions underlying this Budget resolution Davis-Bacon Act will be repealed in order to mates made by the Committee on the Budget assume that the receipts and disbursements eliminate its wasteful rules and require- of the Senate. of the retirement and disability trust funds ments, which the Congressional Research for members of the Armed Forces of the Service reported will save the federal high- HOLLINGS AMENDMENTS NOS. 302– United States— way aid program $721 million per year, and 306 (1) should not be included in the totals of— thus to maximize the value of the limited (A) the Budget of the United States gov- taxpayer dollars in the federal highway aid Mr. HOLLINGS proposed five amend- ernment as submitted by the President program. ments to the concurrent resolution, under section 1105 of title 31, Concurrent Resolution 27, Code; or AMENDMENT NO. 299 supra; as follows: (B) the Congressional Budget (including al- locations of budget authority and outlays At the end of the matter proposed to be in- AMENDMENT NO. 302 serted, insert the following: provided in the Congressional Budget); At the appropriate place, insert the fol- (2) should not be— SEC. . SENSE OF THE SENATE CONCERNING lowing: THE USE OF TAXPAYER FUNDS TO (A) considered to be part of any category SUBSIDIZE FEDERAL EMPLOYEE SEC. . HIGHWAY TRUST FUND NOT TAKEN INTO (as defined in section 250(c)(4) of the Bal- UNION ACTIVITIES RATHER THAN ACCOUNT FOR DEFICIT PURPOSES. anced Budget and Emergency Deficit Control HEALTH INSURANCE FOR CHIL- It is the sense of the Senate that the as- Act of 1985 (2 U.S.C. 900(c)(4))) of discre- DREN. sumptions underlying this Budget resolution tionary appropriations; or It is the sense of the Senate that, as tens assume that the receipts and disbursements (B) subject to the discretionary spending of millions of taxpayer dollars are used to of the Highway Trust Fund— limits established under section 251(b) of the subsidize federal employee union activities, (1) should not be included in the totals of— Act (2 U.S.C. 901(b));

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4901 (3) should not be subject to sequestration On page 3, line 3, increase the amount by 0. hibiting Congress from providing additional under section 251(a) of the Act (2 U.S.C. On page 3, line 4, increase the amount by 0. tax relief in fiscal year 1998 or future years 901(a)); and On page 3, line 5, increase the amount by 0. if the cost of such tax relief is offset by re- (4) should be exempt from any general On page 3, line 6, increase the amount by 0. ductions in discretionary or mandatory budget limitation imposed by statute on ex- On page 3, line 7, increase the amount by 0. spending, or increases in revenue from alter- penditures and net lending (budget outlays) On page 3, line 11, increase the amount by native sources. of the United States government. 0. On page 3, line 12, increase the amount by KERRY (AND OTHERS) AMENDMENT NO. 305 0. On page 3, line 13, increase the amount by AMENDMENT NO. 309 At the appropriate place, insert the fol- 0. Mr. KERRY (for himself, Mr. ROCKE- lowing: On page 3, line 14, increase the amount by SEC. . CIVIL SERVICE RETIREMENT TRUST 0. FELLER, Mr. KOHL, Ms. MOSELEY- FUNDS NOT TAKEN INTO ACCOUNT On page 3, line 15, increase the amount by BRAUN, Mr. WELLSTONE, Ms. MIKULSKI, FOR DEFICIT PURPOSES. 0. and Mrs. MURRAY) proposed an amend- It is the sense of the Senate that the as- On page 4, line 4, increase the amount by 0. ment to the concurrent resolution, sumptions underlying this Budget resolution On page 4, line 5, increase the amount by 0. Senate Concurrent Resolution 27, assume that the receipts and disbursements On page 4, line 6, increase the amount by 0. of the retirement and disability trust funds On page 4, line 7, increase the amount by 0. supra; as follows: for civilian employees of the United States— On page 4, line 8, increase the amount by 0. At the appropriate place, insert the fol- (1) should not be included in the totals of— On page 4, line 12, increase the amount by lowing: (A) the Budget of the United States gov- 0. SEC. . DEFICIT-NEUTRAL RESERVE FUND IN ernment as submitted by the President On page 4, line 13, increase the amount by THE SENATE. under section 1105 of title 31, United States 0. (a) IN GENERAL.—In the Senate, revenue Code; or On page 4, line 14, increase the amount by and spending aggregates may be changed and (B) the Congressional Budget (including al- 0. allocations may be revised for legislation locations of budget authority and outlays On page 4, line 15, increase the amount by that provides funding for early childhood de- provided in the Congressional Budget); 0. velopment programs for children ages zero to (2) should not be— On page 4, line 16, increase the amount by six provided that the legislation which (A) considered to be part of any category 0. changes revenues or changes spending will (as defined in section 250(c)(4) of the Bal- On page 4, line 19, increase the amount by not increase the deficit for— anced Budget and Emergency Deficit Control 0. (1) fiscal year 1998; Act of 1985 (2 U.S.C. 900(c)(4))) of discre- On page 4, line 20, increase the amount by (2) the period of fiscal years 1998 through tionary appropriations; or 0. 2002; or (B) subject to the discretionary spending On page 4, line 21, increase the amount by (3) the period of fiscal years 2002 through limits established under section 251(b) of the 0. 2007. On page 4, line 22, increase the amount by Act (2 U.S.C. 901(b)); (b) REVISED ALLOCATIONS.— (3) should not be subject to sequestration 0. (1) ADJUSTMENTS FOR LEGISLATION.—Upon under section 251(a) of the Act (2 U.S.C. On page 4, line 23, increase the amount by the consideration of legislation pursuant to 901(a)); and 0. subsection (a), the Chairman of the Com- On page 5, line 1, increase the amount by 0. (4) should be exempt from any general mittee on the Budget of the Senate may file budget limitation imposed by statute on ex- On page 5, line 2, increase the amount by 0. On page 5, line 3, increase the amount by 0. with the Senate appropriately revised alloca- penditures and net lending (budget outlays) tions under sections 302(a) and 602(a) of the of the United States government. On page 5, line 4, increase the amount by 0. On page 5, line 5, increase the amount by 0. Congressional Budget Act of 1974 and revised On page 23, line 8, increase the amount by functional levels and aggregates to carry out AMENDMENT NO. 306 0. this section. These revised allocations, func- At the appropriate place, insert the fol- On page 23, line 9, increase the amount by tional levels, and aggregates shall be consid- lowing: 0. ered for the purposes of the Congressional SEC. . UNEMPLOYMENT COMPENSATION TRUST On page 23, line 15, increase the amount by Budget Act of 1974 as allocations, functional FUND NOT TAKEN INTO ACCOUNT 0. levels and aggregates contained in this reso- FOR DEFICIT PURPOSES. On page 23, line 16, increase the amount by lution. It is the sense of the Senate that the as- 0. (2) ADJUSTMENTS FOR AMENDMENTS.—If the sumptions underlying this Budget resolution On page 23, line 22, increase the amount by chairman of the Committee on the Budget assume that the receipts and disbursements 0. submits an adjustment under this section for of the Federal Unemployment Compensation On page 23, line 23, increase the amount by legislation in furtherance of the purpose de- Trust Fund— 0. scribed in subsection (a) upon the offering of (1) should not be included in the totals of— On page 24, line 5, increase the amount by an amendment to that legislation that would (A) the Budget of the United States gov- 0. necessitate such a submission, the chairman ernment as submitted by the President On page 24, line 6, increase the amount by shall submit to the Senate appropriately re- under section 1105 of title 31, United States 0. vised allocations under sections 302(a) and Code; or On page 24, line 12, increase the amount by 602(a) of the Congressional Budget Act of 1974 (B) the Congressional Budget (including al- 0. and revised functional levels and aggregates locations of budget authority and outlays On page 24, line 13, increase the amount by to carry out this section. These revised allo- provided in the Congressional Budget); 0. cations, functional levels, and aggregates (2) should not be— On page 39, line 22, increase the amount by (A) considered to be part of any category shall be considered for the purposes of the 0. Congressional Budget Act of 1974 as alloca- (as defined in section 250(c)(4) of the Bal- On page 39, line 23, increase the amount by anced Budget and Emergency Deficit Control tions, functional levels and aggregates con- 0. tained in this resolution. Act of 1985 (2 U.S.C. 900(c)(4))) of discre- On page 40, line 16, increase the amount by (c) REPORTING REVISED ALLOCATIONS.—The tionary appropriations; or 0. appropriate committee shall report appro- (B) subject to the discretionary spending On page 40, line 17, increase the amount by priately revised allocations pursuant to sec- limits established under section 251(b) of the 0. tions 302(b) and 602(b) of the Congressional Act (2 U.S.C. 901(b)); On page 41, line 7, increase the amount by Budget Act of 1974 to carry out this section. (3) should not be subject to sequestration 0. under section 251(a) of the Act (2 U.S.C. On page 41, line 8, increase the amount by 901(a)); and 0. DORGAN (AND OTHERS) (4) should be exempt from any general AMENDMENT NO. 310 budget limitation imposed by statute on ex- KYL AMENDMENT NO. 308 penditures and net lending (budget outlays) Mr. DORGAN (for himself, Mr. of the United States government. (Ordered to lie on the table.) DASCHLE, Mr. HOLLINGS, Mr. FORD, and Mr. KYL submitted an amendment Mr. REID) proposed an amendment to intended to be proposed by him to the the concurrent resolution, Senate Con- DOMENICI AMENDMENT NO. 307 concurrent resolution, Senate Concur- current Resolution 27, supra, as fol- rent Resolution 27, supra; as follows: lows: Mr. DOMENICI proposed an amend- At the end of title III, add the following: At the appropriate place in the resolution, ment to amendment No. 297 proposed SEC. . SENSE OF THE SENATE ON ADDITIONAL insert the following: by Mr. HATCH to the concurrent resolu- TAX CUTS. SEC. . SENSE OF THE SENATE ON SOCIAL SECU- tion. Senate Concurrent Resolution 27, It is the sense of the Senate that nothing RITY AND BALANCING THE BUDGET. supra; as follows: in this resolution shall be construed as pro- (a) FINDINGS.—The Senate finds that—

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4902 CONGRESSIONAL RECORD — SENATE May 21, 1997 (1) This budget resolution is projected to BREAUX, Mr. ROTH, and Mr. BINGAMAN) On page 4, line 13, increase the amount by balance the unified budget of the United proposed an amendment to the concur- $2,190,000,000. States in fiscal year 2002; rent resolution, Senate Concurrent On page 4, line 14, increase the amount by (2) Section 13301 of the Budget Enforce- Resolution 27, supra; as follows: $3,116,000,000. ment Act of 1990 requires that the deficit be On page 4, line 15, increase the amount by computed without counting the annual sur- At the appropriate place, add the fol- $4,396,000,000. pluses of the Social Security trust funds; and lowing: On page 4, line 16, increase the amount by (3) If the deficit were calculated according SEC. . SENSE OF THE SENATE SUPPORTING $5,012,000,000. to the requirements of Section 13301, this LONG-TERM ENTITLEMENT RE- On page 21, line 25, increase the amount by budget resolution would be projected to re- FORMS. $1,101,000,000. sult in a deficit of $108.7 billion in fiscal year (a) The senate finds that the resolution as- On page 22, line 1, increase the amount by 2002. sumes the following— $1,690,000,000. (b) SENSE OF THE SENATE.—It is the sense (1) entitlement spending has risen dramati- On page 22, line 8, increase the amount by of the Senate that the assumptions under- cally over the last thirty-five years. $2,039,000,000. lying this budget resolution assume that (2) in 1963, mandatory spending (i.e. enti- On page 22, line 9, increase the amount by after balancing the unified Federal budget, tlement spending and interest on the debt) $2,616,000,000. the Congress should continue efforts to re- made up 29.6 percent of the budget, this fig- On page 22, line 16, increase the amount by duce the on-budget deficit, so that the Fed- ure rose to 61.4 percent by 1993 and is ex- $3,541,000,000. eral budget will be balanced according to the pected to reach 70 percent shortly after the On page 22, line 17, increase the amount by requirements of Section 13301, without year 2000. $3,796,000,000. counting Social Security surpluses. (3) this mandatory spending is crowding On page 22, line 24, increase the amount by out spending for the traditional ‘‘discre- $5,843,000,000. tionary’’ functions of government like clean On page 22, line 25, increase the amount by WARNER (AND BAUCUS) air and water, a strong national defense, AMENDMENT NO. 311 $4,312,000,000. parks and recreation, education, our trans- On page 26, line 6, increase the amount by Mr. WARNER (for himself and Mr. portation system, law enforcement, research $400,000,000. BAUCUS) proposed an amendment to the and development and other intrasructure On page 26, line 7, increase the amount by concurrent resolution, to the concur- spending. $400,000,000. (4) taking significant steps sooner rather On page 26, line 14, increase the amount by rent resolution, Senate Concurrent than later to reform entitlement spending Resolution 27, supra, as follows: $500,000,000. will not only boost economic growth in this On page 26, line 15, increase the amount by At the end of the resolution, add the fol- country it will also prevent the need for $500,000,000. lowing new title: drastic tax and spending decisions in the On page 26, line 22, increase the amount by TITLE IV—TRANSPORTATION REVENUES next century. $500,000,000. USED SOLELY FOR TRANSPORTATION (b) SENSE OF THE SENATE.—It is the Sense On page 26, line 23, increase the amount by SEC. 401. READJUSTMENTS. of the Senate that that levels in this budget $500,000,000. Levels of new budget authority and out- resolution assume that— On page 27, line 5, increase the amount by lays set forth in function 400 in section 103 (1) Congress and the President should work $600,000,000. shall be increased as follows: to enact structural reforms in entitlement On page 27, line 6, increase the amount by (1) for fiscal year 1998, by $0 in outlays and spending in 1997 and beyond which suffi- $600,000,000. by $0 in new budget authority; ciently restrain the growth of mandatory On page 27, line 13, increase the amount by (2) for fiscal year 1999, by $770,000,000 in spending in order to keep the budget in bal- $700,000,000. outlays and by $3,600,000,000 in new budget ance over the long term, extended the sol- On page 27, line 14, increase the amount by authority; vency of the Social Security and Medicare $700,000,000. (3) for fiscal year 2000, by $2,575,000,000 in Trust Funds, avoid crowding out funding for On page 38, line 14, decrease the amount by outlays and by $4,796,000,000 in new budget basic government functions and that every $700,000,000. authority; effort should be made to hold mandatory On page 38, line 15, decrease the amount by (4) for fiscal year 2001, by $3,765,000,000 in spending to no more than seventy percent of $2,700,000,000. outlays and by $5,363,000,000 in new budget the budget. On page 40, line 17, decrease the amount by authority; and $5,000,000,000. (5) for fiscal year 2002, by $4,488,000,000 in WELLSTONE AMENDMENT NO. 313 On page 41, line 7, decrease the amount by outlays and by $5,619,000,000 in new budget Mr. WELLSTONE proposed an $5,012,000,000. authority. On page 41, line 8, decrease the amount by SEC. 402. HIGHWAY TRUST FUND ALLOCATIONS. amendment to the concurrent resolu- $16,364,000,000. (a) ALLOCATED AMOUNTS.—Of the amounts tion, Senate Concurrent Resolution 27, On page 41, line 21, increase the amount by of outlays allocated to the Committees on supra; as follows: $1,101,000,000. Appropriations of the House and Senate by On page 3, line 3, increase the amount by On page 43, line 22, increase the amount by the joint explanatory statement accom- $1,650,000,000. $440,000,000. panying this resolution pursuant to sections On page 3, line 4, increase the amount by On page 43, line 24, increase the amount by 302 and 602 of the Congressional Budget Act $2,190,000,000. $2,039,000,000. of 1974, the following amounts shall be used On page 3, line 5, increase the amount by On page 43, line 25, increase the amount by for contract authority spending out of the $3,116,000,000. $1,366,000,000. Highway Trust Fund— On page 3, line 6, increase the amount by On page 44, line 2, increase the amount by (1) for fiscal year 1998, $22,256,000,000 in out- $4,396,000,000. $3,541,000,000. lays; On page 3, line 7, increase the amount by On page 44, line 3, increase the amount by (2) for fiscal year 1999, $24,063,000,000 in out- $5,012,000,000. $2,546,000,000. lays; On page 3, line 11, increase the amount by On page 44, line 5, increase the amount by (3) for fiscal year 2000, $26,092,000,000 in out- $1,650,000,000. $5,843,000,000. lays; On page 3, line 12, increase the amount by On page 44, line 6, increase the amount by (4) for fiscal year 2001, $27,400,000,000 in out- $2,190,000,000. $4,312,000,000. lays; and On page 3, line 13, increase the amount by (5) for fiscal year 2002, $28,344,000,000 in out- $3,116,000,000. WELLSTONE (AND OTHERS) lays. On page 3, line 14, increase the amount by (b) ENFORCEMENT.—Determinations regard- $4,396,000,000. AMENDMENT NO. 314 ing points of order made under section 302(f) On page 3, line 15, increase the amount by Mr. WELLSTONE (for himself, Mr. or 602(c) of the Congressional Budget Act of $5,012,000,000. REED, and Mr. BINGAMAN) proposed an 1974 shall take into account subsection (a). On page 4, line 4, increase the amount by amendment to the concurrent resolu- (c) STATUTORY IMPLEMENTATION.—As part $5,400,000,000. tion, Senate Concurrent Resolution 27, of reauthorization of the Intermodal Surface On page 4, line 5, increase the amount by Transportation Efficiency Act of 1991, provi- $1,601,000,000. supra; as follows: sions shall be included to enact this section On page 4, line 6, increase the amount by On page 3, line 4, increase the amount by into permanent law. $2,539,000,000. $1,600,000,000. On page 4, line 7, increase the amount by On page 3, line 5, increase the amount by KERREY (AND OTHERS) $4,141,000,000. $1,600,000,000. AMENDMENT NO. 312 On page 4, line 8, increase the amount by On page 3, line 6, increase the amount by $6,543,000,000. $1,600,000,000. Mr. KERREY (for himself, Mr. On page 4, line 12, increase the amount by On page 3, line 7, increase the amount by CHAFEE, Mr. ROBB, Mr. FRIST, Mr. $1,650,000,000. $1,500,000,000.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00122 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4903 On page 3, line 12, increase the amount by (5) nearly half of all American women be- sult in a revenue windfall for the Treasury; $1,600,000,000. tween the ages of 65 and 75 reported having and On page 3, line 13, increase the amount by arthritis; (F) While a USA Today poll from this $1,600,000,000. (6) AIDS is the leading cause of death for March found 70 percent of the American peo- On page 3, line 14, increase the amount by Americans between the ages of 24 and 44; ple believe that they need a tax cut, under $1,600,000,000. (7) the Institute of Medicine has described this resolution federal spending will grow 17 On page 3, line 15, increase the amount by United States clinical research to be ‘‘in a percent over five years while the net tax cuts $1,500,000,000. state of crisis’’ and the National Academy of are less than 1 percent of the total tax bur- On page 4, line 5, increase the amount by Sciences concluded in 1994 that ‘‘the present den. $1,600,000,000. cohort of clinical investigators is not ade- (b) SENSE OF SENATE.— On page 4, line 6, increase the amount by quate’’; It is the Sense of the Senate that with re- $1,600,000,000. (8) biomedical research has been shown to spect to the revenue levels established under On page 4, line 7, increase the amount by be effective in saving lives and reducing this resolution, to the extent that actual $1,500,000,000. health care expenditures; revenues exceed the revenues projected On page 4, line 8, increase the amount by (9) research sponsored by the National In- under this resolution due to higher than an- $1,300,000,000. stitutes of Health has contributed signifi- ticipated economic growth, that revenue On page 4, line 13, increase the amount by cantly to the first overall reduction in can- windfall should be reserved exclusively for $1,600,000,000. cer death rates since recordkeeping was in- additional tax cuts and/or deficit reduction. On page 4, line 14, increase the amount by stituted; $1,600,000,000. (10) research sponsored by the National In- On page 4, line 15, increase the amount by stitutes of Health has resulted in the identi- GRAMM AMENDMENTS NOS. 317–320 $1,600,000,000. fication of genetic mutations for Mr. GRAMM proposed four amend- On page 4, line 16, increase the amount by osteoporosis; Lou Gehrig’s Disease, cystic fi- ments to the concurrent resolution, $1,500,000,000. brosis, and Huntington’s Disease; breast, On page 21, line 25, increase the amount by skin and prostate cancer; and a variety of Senate Concurrent Resolution 27, $1,600,000,000. other illnesses; supra; as follows: On page 22, line 1, increase the amount by (11) research sponsored by the National In- AMENDMENT NO. 317 $1,600,000,000. stitutes of Health has been key to the devel- At the end of title III insert the following: On page 22, line 8, increase the amount by opment of Magnetic Resonance Imaging SEC. . SENSE OF THE SENATE ON DISASTER AS- $1,600,000,000. (MRI) and Positron Emission Tomography SISTANCE FUNDING. On page 22, line 9, increase the amount by (PET) scanning technologies; (a) FINDINGS.—The Senate finds that— $1,600,000,000. (12) research sponsored by the National In- (1) emergency spending adds to the deficit On page 22, line 16, increase the amount by stitutes of Health has developed effective and total spending; $1,500,000,000. treatments for Acute Lymphoblastic Leu- (2) the Budget Enforcement Act of 1990 ex- On page 22, line 17, increase the amount by kemia (ALL). Today, 80 percent of children empts emergency spending from the discre- $1,600,000,000. diagnosed with Acute Lymphoblastic Leu- tionary spending caps and pay-go require- On page 22, line 24, increase the amount by kemia are alive and free of the disease after ments; $1,300,000,000. 5 years; and On page 22, line 25, increase the amount by (13) research sponsored by the National In- (3) the Budget Enforcement Act of 1990 ex- $1,500,000,000. stitutes of Health contributed to the devel- pires in 1998 and needs to be extended; On page 43, line 21, increase the amount by opment of a new, cost-saving cure for peptic (4) since the enactment of the Budget En- $1,600,000,000. ulcers. forcement Act, Congress and the President On page 43, line 22, increase the amount by (b) SENSE OF THE SENATE.—It is the sense have approved an average of $5.8 billion per $1,600,000,000. of the Senate that this Resolution assumes year in emergency spending; On page 43, line 24, increase the amount by that— (5) a natural disaster in any particular $1,600,000,000. (1) appropriations for the National Insti- State is unpredictable, but the United States On page 43, line 25, increase the amount by tutes of Health should be increased by 100 is likely to experience a natural disaster al- $1,600,000,000. percent over the next 5 fiscal years; and most every year. On page 44, line 2, increase the amount by (2) appropriations for the National Insti- (b) SENSE OF THE SENATE.—It is the sense $1,500,000,000. tutes of Health should be increased by of the Senate that the functional totals un- On page 44, line 3, increase the amount by $2,000,000,000 in fiscal year 1998 over the derlying this concurrent resolution on the $1,600,000,000. amount appropriated in fiscal year 1997. budget assume that— On page 44, line 5, increase the amount by (1) the Congress should consider in the ex- $1,300,000,000. ABRAHAM (AND OTHERS) tension of the Budget Enforcement Act pro- visions that budget for emergencies or that On page 44, line 6, increase the amount by AMENDMENT NO. 316 $1,500,000,000. require emergency spending to be offset; Mr. ABRAHAM (for himself, Mr. KYL, (2) such provisions should also provide MACK (AND OTHERS) AMENDMENT Mr. BROWNBACK, Mr. ASHCROFT, Mr. flexibility to meet emergency funding re- NO. 315 SESSIONS, and Mr. COVERDELL) pro- quirements associated with natural disas- posed an amendment to the concurrent ters; Mr. MACK (for himself, Mrs. FEIN- resolution, Senate Concurrent Resolu- (3) Congress and the President should ap- propriate at least $5 billion every year with- STEIN, Mr. KENNEDY, Mr. FRIST, Mr. tion 27, supra; as follows: D’AMATO, Mr. DEWINE, Mrs. BOXER, Ms. in discretionary limits to provide natural At the appropriate place, insert the fol- COLLINS, Mr. DURBIN, Mr. REID, Mr. disaster relief; lowing: (4) Congress and the President should not BREAUX, Mr. SPECTER, Mr. HARKIN, Mr. SEC. . SENSE OF SENATE ON ECONOMIC designate any emergency spending for nat- GORTON, Mrs. HUTCHISON, Mr. DOMEN- GROWTH DIVIDEND PROTECTION. ural disaster relief until amounts provided in ICI, Mr. THURMOND, Mr. DORGAN, and (a) FINDINGS.— regular appropriations are exhausted. Mr. GRAMM) proposed an amendment to The Senate finds that with respect to the revenue levels established under this resolu- the concurrent resolution, supra; as AMENDMENT NO. 318 follows tion.— (A) According to the President’s own On page 3, decrease the amount on line 2 by At the appropriate place, insert the fol- economists, the tax burden on Americans is $2,800,000,000. lowing: the highest ever at 31.7 percent; On page 3, decrease the amount on line 4 by SEC. . SENSE OF THE SENATE REGARDING THE (B) According to the National Taxpayer $14,200,000,000. NATIONAL INSTITUTES OF HEALTH. Union, the average American family now On page 3, decrease the amount on line 5 by (a) FINDINGS.—Congress finds that— pays almost 40 percent of their income in $22,000,000,000. (1) heart disease was the leading cause of state, local, and federal taxes; On page 3, decrease the amount on line 6 by death for both men and women in every year (C) Between 1978 and 1985, while the top $23,200,000,000. from 1970 to 1993; marginal rate in capital gains was cut al- On page 3, decrease the amount on line 7 by (2) mortality rates for individuals suffering most in half—from 35 to 20 percent—total an- $14,800,000,000. from prostate cancer, skin cancer, and kid- nual federal receipts from the tax almost tri- On page 3, decrease the amount on line 11 ney cancer continue to rise; pled from $9.1 billion annually to $26.5 billion by $2,800,000,000. (3) the mortality rate for African American annually. On page 3, decrease the amount on line 12 women suffering from diabetes is 134 percent (D) Conversely, when Congress raised the by $14,200,000,000. higher than the mortality rate of Caucasian rate in 1986, revenues actually fell well below On page 3, decrease the amount on line 13 women suffering from diabetes; what was anticipated. by $22,000,000,000. (4) asthma rates for children increased 58 (E) Economists across-the-board predict On page 3, decrease the amount on line 14 percent from 1982 to 1992; that cutting the capital gains rate will re- by $23,200,000,000.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00123 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4904 CONGRESSIONAL RECORD — SENATE May 21, 1997

On page 3, decrease the amount on line 15 On page 19, line 15, increase the amount by (b) WAIVER.—The Congress may waive the by $14,800,000,000. $7,414,000,000. provisions of this section for any fiscal year On page 4, decrease the amount on line 4 by On page 19, line 16, increase the amount by in which a declaration of war is in effect. $10,400,000,000. $7,414,000,000. The provisions of this section may be waived On page 4, decrease the amount on line 5 by On page 35, line 9, decrease the amount by for any fiscal year in which the United $15,100,000,000. $6,931,000,000. States is engaged in military conflict which On page 4, decrease the amount on line 6 by On page 35, line 10, decrease the amount by causes an imminent and serious military $16,800,000,000. $6,931,000,000. threat to national security and is so declared On page 4, decrease the amount on line 7 by On page 35, line 15, decrease the amount by by a joint resolution, adopted by a majority $5,400,000,000. $7,052,000,000. of the whole number of each House, which On page 4, decrease the amount on line 8 by On page 35, line 16, decrease the amount by becomes law. $3,700,000,000. $7,052,000,000. (c) DEFINITION.—In this section: On page 4, decrease the amount on line 12 On page 35, line 21, decrease the amount by (1) TOTAL RECEIPTS.—The term ‘‘total re- by $2,800,000,000. $7,171,000,000 ceipts’’ includes all receipts of the United On page 4, decrease the amount on line 13 On page 35, line 22, decrease the amount by States Government except those derived by $14,200,000,000. $7,171,000,000. from borrowing. On page 36, line 2, decrease the amount by On page 4, decrease the amount on line 14 (2) TOTAL OUTLAYS.—The term ‘‘total out- $7,292,000,000. by $22,000,000,000. lays’’ includes all outlays of the United On page 36, line 3, decrease the amount by On page 4, decrease the amount on line 15 States Government except for those for re- by $23,200,000,000. $7,292,000,000. On page 36, line 8, decrease the amount by payment of debt principal. On page 4, decrease the amount on line 16 (3) INCREASE IN REVENUES.—The term ‘‘in- by $14,800,000,000. $7,414,000,000. On page 36, line 9, decrease the amount by crease in revenues’’ means the levy of a new On page 35, decrease the amount on line 9 tax or an increase in the rate or base of any by $10,400,000,000. $7,414,000,000. On page 43, line 14, decrease the amount by tax. On page 35, decrease the amount on line 10 $6,931,000,000. by $2,800,000,000. On page 43, line 21, decrease the amount by On page 35, decrease the amount on line 15 ASHCROFT AMENDMENT NO. 323 $7,052,000,000. by $15,100,000,000. On page 43, line 24, decrease the amount by Mr. ASHCROFT proposed an amend- On page 35, decrease the amount on line 16 $7,171,000,000. ment to the concurrent resolution, by $14,200,000,000. On page 44, line 2, decrease the amount by Senate Concurrent Resolution 27, On page 35, decrease the amount on line 21 $7,292,000,000. supra; as follows: by $16,800,000,000. On page 44, line 5, decrease the amount by On page 45, strike line 2, and insert the fol- On page 35, decrease the amount on line 22 $7,414,000,000. by $22,000,000,000. lowing: ‘‘exceed; or On page 36, decrease the amount on line 2 ‘‘(3) any bill or resolution (or amendment, by $5,400,000,000. FAIRCLOTH AMENDMENT NO. 321 motion, or conference report on such bill or On page 36, decrease the amount on line 3 Mr. FAIRCLOTH proposed an amend- resolution) for fiscal year 1998, 1999, 2000, by $23,200,000,000. 2001, 2002 that would increase the statutory ment to the concurrent resolution, limit on the level of the public debt in excess On page 36, decrease the amount on line 8 Senate Concurrent Resolution 27, by $3,700,000,000. of the level set forth in section 101(5) of this On page 36, decrease the amount on line 9 supra; as follows: resolution with respect to fiscal years 1998 by $14,800,000,000. At the end of title III, add the following: through 2002 and for fiscal years after 2002 as On page 41, increase the amount on line 7 SEC. . SENSE OF THE SENATE CONCERNING TAX set for fiscal year 2002.’’. by $14,800,000,000. CREDIT FOR WORKFORCE EDU- On page 41, increase the amount on line 8 CATION AND TRAINING AT VOCA- BOND (AND OTHERS) AMENDMENT by $77,000,000,000. TIONAL SCHOOLS AND COMMUNITY COLLEGES. NO. 324 On page 43, decrease the amount on line 14 It is the sense of the Senate that, any leg- by $10,400,000,000. Mr. BOND (for himself, Mrs. MURRAY, islation enacted pursuant to this resolution, On page 43, decrease the amount on line 15 Mr. GORTON, and Mr. ASHCROFT) pro- contain a tax credit for expenses of work- by $2,800,000,000. force education and training at vocational posed an amendment to the concurrent On page 43, decrease the amount on line 21 schools and community colleges. resolution, Senate Concurrent Resolu- by $15,100,000,000. tion 27, supra; as follows: On page 43, decrease the amount on line 22 At the appropriate place, insert the fol- by $14,200,000,000. ASHCROFT (AND OTHERS) lowing: On page 43, decrease the amount on line 24 AMENDMENT NO. 322 SEC. . SENSE OF THE SENATE REGARDING THE by $16,800,000,000. Mr. ASHCROFT (for himself, Mr. On page 43, decrease the amount on line 25 PROTECTION OF CHILDREN’S HEALTH. by $22,000,000,000. GRAMM, Mr. COVERDELL, Mr. ABRAHAM, (a) FINDINGS.—the Senate makes the fol- On page 44, decrease the amount on line 2 Mr. HELMS, and Mr. FAIRCLOTH) pro- lowing findings: by $5,400,000,000. posed an amendment to the concurrent (1) Today’s children and the next genera- On page 44, decrease the amount on line 3 resolution, Senate Concurrent Resolu- tion of children are the prime beneficiaries by $23,200,000,000. tion 27, supra; as follows: of a balanced Federal budget. Without a bal- On page 44, decrease the amount on line 5 At the end of title II, add the following: anced budget, today’s children will bear the by $3,700,000,000. SEC. . BALANCED BUDGET REQUIREMENT. increasing burden of the Federal debt. Con- On page 44, decrease the amount on line 6 (a) IN GENERAL.—It shall not be in order in tinued deficit spending would doom future by $14,800,000,000. the House of Representatives or the Senate generations to slower economic growth, to consider any concurrent resolution on the higher taxes, and lower living standards. AMENDMENT NO. 319 budget (or amendment or motion thereto, or (2) The health of children is essential to On page 45, strike line 10 through the pe- conference report thereon) or any bill, joint the future economic and social well-being of riod on line 18. resolution, amendment, motion, or con- the Nation. ference report that would cause— (3) The medicaid program provides health AMENDMENT NO. 320 (1) total outlays for fiscal year 2002 or any coverage for over 17,000,000 children, or 1 out On page 18, line 8, increase the amount by fiscal year thereafter to exceed total receipts of every 4 children. $6,931,000,000. for that fiscal year, unless three-fifths of the (4) While children represent 1⁄2 of all indi- On page 18, line 9, increase the amount by whole number of each House of Congress pro- viduals eligible for medicaid, children ac- $6,931,000,000. vide for a specific excess of outlays over re- count for less than 25 percent of expenditures On page 18, line 16, increase the amount by ceipts by a rollcall vote; under the medicaid program. $7,052,000,000. (2) an increase in the statutory limit on (5) Disproportionate share hospital (DSH) On page 18, line 17, increase the amount by the level of the public debt in excess of the funding under the medicaid program has al- $7,052,000,000. level set forth in section 101(5) of this resolu- lowed States to expand health care coverage On page 18, line 24, increase the amount by tion with respect to fiscal years 1998 through to thousands of uninsured pregnant women $7,171,000,000. 2002, and for fiscal years after 2002 as set for and children. DSH funding under the med- On page 18, line 25, increase the amount by fiscal year 2002 unless three-fifths of the icaid program is essential for current and fu- $7,171,000,000. whole number of each House provide for such ture coverage of these uninsured popu- On page 19, line 7, increase the amount by an increase by a rollcall vote; or lations. $7,292,000,000. (3) an increase in revenues unless approved (b) SENSE OF THE SENATE.—It is the sense On page 19, line 8, increase the amount by by a majority of the whole number of each of the Senate that the provisions of this res- $7,292,000,000. House by a rollcall vote. olution assume that the health care needs of

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00124 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4905 low-income pregnant women and children able, having previously understated and now State transportation priorities by author- should be a top priority. Careful study must overstating its worth; izing new highway projects; and be made of the impact of medicaid dispropor- (5) Because estimates of spectrum value (4) Congress should not authorize any new tionate share hospital (DSH) reform pro- depend on a number of technological, eco- demonstration projects or other similarly-ti- posals on children’s health and on vital nomic, market forces, and other variables tled projects. sources of care, including children’s hos- that cannot be predicted or completely con- trolled, it is not possible to reliably estimate pitals. Any restrictions on DSH funding MCCAIN AMENDMENT NO. 328 under the medicaid program should not dev- the value of a given segment of spectrum; astate current State medicaid coverage of therefore, Mr. MCCAIN proposed an amendment children and pregnant women, or hinder (b) It is the Sense of the Senate that as to the concurrent resolution, Senate health care coverage expansion opportuni- auctions occur as assumed by this Resolu- Concurrent Resolution 27, supra; as fol- ties for these uninsured populations. tion, the Congress shall take such steps as lows: necessary to reconcile the difference between actual revenues raised and estimates made At the appropriate place, insert the fol- BOND (AND OTHERS) AMENDMENT and shall reduce spending accordingly if such lowing: NO. 325 auctions raise less revenue than projected. SEC. . SENSE OF THE SENATE REGARDING AM- TRAK. Mr. BONDS (for himself, Mr. CHAFEE, It is the sense of the Senate that any reve- MCCAIN (AND MACK) AMENDMENT Mr. ABRAHAM, Mr. REID, Mr. COCHRAN, nues generated to finance an intercity pas- Mr. GRAHAM, Mr. GREGG, and Mr. SES- NO. 327 senger rail fund under section 207 of this res- SIONS) proposed an amendment to the Mr. MCCAIN (for himself and Mr. olution shall not be appropriated to the Na- concurrent resolution, Senate Concur- MACK) proposed an amendment to the tional Rail Passenger Corporation until such rent Resolution 27, supra; as follows: concurrent resolution, Senate Concur- time as legislation has been signed into law At the appropriate place in title III, insert rent Resolution 27, supra; as follows: to reauthorize and reform the National Rail Passenger Corporation. the following: At the appropriate place, insert the fol- SEC. . SENSE OF THE SENATE CONCERNING lowing: HIGHWAY TRUST FUND. SEC. . HIGHWAY DEMONSTRATION PROJECTS. BROWNBACK (AND KOHL) (A) FINDINGS.—The Senate finds that— (a) FINDINGS.—The Senate finds that— AMENDMENT NO. 329 (1) there is no direct linkage between the (1) 10 demonstration projects totaling $362 Mr. BROWNBACK (for himself and fuel taxes deposited in the Highway Trust million were listed for special line-item Mr. KOHL) proposed an amendment to Fund and the transportation spending from funding in the Surface Transportation As- the Highway Trust Fund; sistance Act of 1982; the concurrent resolution, Senate Con- (2) the Federal budget process has severed (2) 152 demonstration projects totaling $1.4 current Resolution 27, supra; as fol- this linkage by dividing revenues and spend- billion were named in the Surface Transpor- lows: ing into separate budget categories with— tation and Uniform Relocation Assistance AT the appropriate place, insert the fol- (A) fuel taxes deposited in the Highway Act of 1987; lowing: Trust Fund as revenues; and (3) 64 percent of the funding for the 152 SEC. . SENSE OF THE SENATE ON ENFORCE- (B) most spending from the Highway Trust projects had not been obligated after 5 years MENT OF BIPARTISAN BUDGET Fund in the discretionary category; and State transportation officials deter- AGREEMENT. (3) each budget category referred to in mined the projects added little, if any, to (a) FINDINGS.—The Senate finds that— paragraph (2) has its own rules and proce- meeting their transportation infrastructure (1) the bipartisan budget agreement is con- dures; and priorities; tingent upon— (4) under budget rules in effect prior to the (4) 538 location specific projects totaling (A) favorable economic conditions for the date of adoption of this resolution, an in- $6.23 billion were included in the Intermodal next 5 years; and crease in fuel taxes permits increased spend- Surface Transportation Efficiency Act of (B) accurate estimates of the fiscal im- ing to be included in the budget, but not for 1991; pacts of assumptions in this resolution; and (5) more than $3.3 billion of the funds au- increased Highway Trust Fund spending. (C) enactment of legislation to reduce the thorized for the 538 location specific-projects (b) SENSE OF THE SENATE.—It is the sense deficit. remained unobligated as of January 31, 1997; of the Senate that— (2) if either of the conditions in paragraph (6) the General Accounting Office deter- (1) in this session of Congress, Congress (1) are not met, our ability to achieve a bal- mined that 31 States plus the District of Co- should, within a unified budget, change the anced budget by 2002 will be jeopardized. lumbia and Puerto Rico would have received Federal budget process to establish a linkage (b) SENSE OF THE SENATE.—It is the sense more funding if the Intermodal Surface between the fuel taxes deposited in the High- of the Senate that the functional totals and Transportation Efficiency Act location-spe- way Trust Fund, including any fuel tax in- limits in this resolution assume that— cific project funds were redistributed as Fed- creases that may be enacted into law after (1) Reconciliation legislation should in- eral-aid highway program apportionments; the date of adoption of the resolution, and clude legislation to enforce the targets set the spending from the Highway Trust Fund; (7) this type of project funding diverts Highway Trust Fund money away from State forth in the budget process description in- and cluded in the agreement and to ensure the (2) Changes to the budgetary treatment of transportation priorities established under the formula allocation process and under the balanced budget goal is met; and the Highway Trust Fund should not result in (2) such legislation shall— total program levels for highways or mass Intermodal Surface Transportation and Effi- ciency Act of 1991; (B) establish procedures to ensure those transit that is inconsistent with those as- targets are met every year, sumed under the resolution. (8) on June 20, 1995, by a vote of 75 yeas to 21 nays, the Senate voted to prohibit the use (C) require that the President’s annual of Federal Highway Trust Fund money for budget and annual Congressional concurrent McCAIN (AND HOLLINGS) future demonstration projects; resolutions on the budget comply with those AMENDMENT NO. 326 (9) the Intermodal Surface Transportation targets every year; and Efficiency Act of 1991 expires at the end (D) consider provisions which provide that Mr. MCCAIN (for himself and Mr. of Fiscal Year 1997; and if the deficit is below or the surplus is above HOLLINGS) proposed an amendment to (10) hundreds of funding requests for spe- the deficits projected in the agreement in the concurrent resolution, Senate Con- cific transportation projects in Congres- any year, such savings are locked in for def- current Resolution 27, supra; as fol- sional Districts have been submitted in the icit and debt reduction; and lows: House of Representatives. (E) consider provisions which include a (b) SENSE OF THE SENATE.—It is the sense provision to budget for and control emer- At the appropriate place in the resolution, of the Senate that— gency spending in order to prevent the use of insert the following: (1) notwithstanding different views on ex- emergencies to evade the budget targets. ‘‘SEC. . SENSE OF THE SENATE. isting Highway Trust Fund distribution for- (a) The Senate finds that: mulas, funding for demonstration projects or BUMPERS AMENDMENTS NOS. 330– (1) The electronmagnetic spectrum is the other similarly titled projects diverts High- 332 property of the American people and is man- way Trust Fund money away from State pri- aged on their behalf by the Federal Govern- orities and deprives States of the ability to Mr. BUMPERS proposed three ment; adequately address their transportation amendments to the concurrent resolu- (2) The spectrum is a highly valuable and needs; tion, Senate Concurrent Resolution 27, limited natural resource; (2) States are best able to determine the supra; as follows: (3) The auctioning of spectrum has raised priorities for allocating Federal-Aid-To- billions of dollars for the Treasury; Highway monies within their jurisdiction; AMENDMENT NO. 330 (4) The estimates made regarding the value (3) Congress should not divert limited Change the figure on line 11 of page 3 to of spectrum in the past have proven unreli- Highway Trust Fund resources away from zero.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00125 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4906 CONGRESSIONAL RECORD — SENATE May 21, 1997 Change the figure on line 12 of page 3 to eral Old-Age and Survivors Insurance Trust MOSELEY-BRAUN (AND OTHERS) zero. Fund is estimated to fall to zero by 2029, and AMENDMENT NO. 336 Change the figure on line 13 of page 3 to the estimated payroll tax at that time will zero. be sufficient to cover only 75 percent of the Ms. MOSELEY-BRAUN (for herself, Change the figure on line 14 of page 3 to benefits owed to retirees at that time. Mr. HARKIN, Mr. KENNEDY, Mr. zero. (7) The accumulated balance in the Federal WELLSTONE, Mr. BINGAMAN, Mr. Strike lines 7–9 on page 41 and insert in Hospital Insurance Trust Fund is estimated TORRICELLI, Mrs. MURRAY, Mr. JOHN- lieu thereof the following: ‘‘reduce revenues to fall to zero by 2001. SON, Mr. GRAHAM, Mr. GLENN, Mr. DOR- (8) While the Federal budget deficit has by not more than $20,500,000,000 in fiscal year GAN, Mr. KERRY, Mr. REED, Mr. MOY- 2002 and $20,500,000,000 for the period of fiscal shrunk for the fourth straight year to NIHAN, Mr. KERREY, Mr. DODD, Mr. CON- years 1998 through 2002.’’ $67,000,000,000 in 1997, measures need to be taken to ensure that that trend continues. RAD, and Ms. MIKULSKI) proposed an (b) SENSE OF THE SENATE.—It is the sense AMENDMENT NO. 331 amendment to the concurrent resolu- of the Senate that the provisions of this res- Strike lines 7–9 on page 41 and insert in tion, Senate Concurrent Resolution 27, olution assume that budget savings in the supra; as follows: lieu thereof the following: ‘‘Raise revenues mandatory spending area should be used— by $19,500,000,000 in fiscal year 2002 and (1) to protect and enhance the retirement On page 3, line 3, increase the amount by $30,000,000,000 for the period of fiscal years security of the American people by ensuring $1,250,000,000. 1998 through 2002.’’ the long-term future of the social security On page 3, line 4, increase the amount by system; $1,250,000,000. AMENDMENT NO. 332 (2) to protect and enhance the health care On page 3, line 5, increase the amount by Add the following new section at the ap- security of senior citizens by ensuring the $1,250,000,000. propriate place in the Resolution: long-term future of the medicare program On page 3, line 6, increase the amount by under title XVIII of the Social Security Act $1,250,000,000. SEC. . SENSE OF THE SENATE OPPOSING THE On page 3, line 11, increase the amount by ENACTMENT OF RECONCILIATION (42 U.S.C. 1395 et seq.); and LEGISLATION WHICH ADDS TO THE (3) to restore and maintain Federal budget $1,250,000,000. FEDERAL DEFICIT. discipline to ensure that the level of private On page 3, line 12, increase the amount by (a) FINDINGS.—The Congress finds that— investment necessary for long-term eco- $1,250,000,000. (1) The Congressional Budget Act allows nomic growth and prosperity is available. On page 3, line 13, increase the amount by for a point of order to be raised against a $1,250,000,000. Budget Reconciliation Bill or a particular AMENDMENT NO. 334 On page 3, line 14, increase the amount by Title of a Budget Reconciliation Bill if the At the appropriate place, insert the fol- $1,250,000,000. Bill or Title would increase the deficit dur- lowing: On page 4, line 4, increase the amount by ing a fiscal year covered by the Bill; SEC. . SENSE OF THE SENATE REGARDING THE $5,000,000,000. (2) The Congressional Budget Act allows VALUE OF THE SOCIAL SECURITY On page 4, line 12, increase the amount by for a point of order to be raised against a SYSTEM FOR FUTURE RETIREES. $1,250,000,000. Budget Reconciliation Bill or a particular (a) FINDINGS.—The Senate makes the fol- On page 4, line 13, increase the amount by Title of a Budget Reconciliation Bill if the lowing findings: $1,250,000,000. (1) The social security system has allowed Bill or Title would increase the deficit dur- On page 4, line 14, increase the amount by a generation of Americans to retire with dig- ing a fiscal year the year covered by the Bill; $1,250,000,000. nity. Today, 13 percent of the population is and On page 4, line 15, increase the amount by 65 or older and by 2030, 20 percent of the pop- (3) The purpose of the Budget Reconcili- $1,250,000,000. ulation will be 65 or older. More than 1⁄2 of ation process is to enact legislation to re- On page 21, line 17, increase the amount by the elderly do not receive private pensions duce the Federal budget deficit. $5,000,000,000. and more than 1⁄3 have no income from as- (b) SENSE OF THE SENATE.—It is the sense On page 21, line 18, increase the amount by sets. $1,250,000,000. of the Senate that the Senate should not (2) For 60 percent of all senior citizens, so- enact Budget Reconciliation legislation On page 22, line 1, increase the amount by cial security benefits provide almost 80 per- $1,250,000,000. which increases the Federal Budget deficit cent of their retirement income. For 80 per- either during any fiscal year covered by the On page 22, line 9, increase the amount by cent of all senior citizens, social security $1,250,000,000. Reconciliation legislation or any fiscal year benefits provide over 50 percent of their re- thereafter. On page 22, line 17, increase the amount by tirement income. $1,250,000,000. (3) Poverty rates among the elderly are at On page 40, line 17, reduce the amount by MOSELEY-BRAUN AMENDMENTS the lowest level since the United States $5,000,000,000. NOS. 333–334 began to keep poverty statistics, due in large On page 41, line 8, reduce the amount by part to the social security system. $5,000,000,000. Ms. MOSELEY-BRAUN proposed two (4) Seventy-eight percent of Americans pay amendments to the concurrent resolu- more in payroll taxes than they do in income tion, Senate Concurrent Resolution 27, taxes. JEFFORDS (AND COATS) supra; as follows: (5) According to the 1997 report of the Man- AMENDMENT NO. 337 aging Trustee for the social security trust AMENDMENT NO. 333 Mr. JEFFORDS (for himself and Mr. funds, the accumulated balance in the Fed- At the appropriate place, insert the fol- eral Old-Age and Survivors Insurance Trust COATS) proposed an amendment to the lowing: Fund is estimated to fall to zero by 2029, and concurrent resolution, Senate Concur- SEC. . SENSE OF THE SENATE REGARDING THE the estimated payroll tax at that time will rent Resolution 27, supra; as follows: USE OF BUDGET SAVINGS. be sufficient to cover only 75 percent of the Strike the reconciliation instruction for (a) FINDINGS.—The Senate makes the fol- benefits owed to retirees at that time. the Committee on Labor and Human Re- lowing findings: (6) The average American retiring in the sources. (1) Poverty rates among the elderly are at year 2015 will pay $250,000 in payroll taxes Adjust the reconciliation instructions for the lowest level since our Nation began to over the course of his or her working career. the Committee on Finance to reflect an in- keep poverty statistics, due in large part to (7) Future generations of Americans must crease in revenues of $1,057,000,000 for fiscal the social security system and the medicare be guaranteed the same value from the social year 2002 and $1,792,000,000 for the period of program. security system as past covered recipients. fiscal years 1998 through 2002. (2) Twenty-two percent of every dollar (b) SENSE OF THE SENATE.—It is the sense spent by the Federal Government goes to the of the Senate that the provisions of this res- social security system. olution assume that no change in the social SPECTER AMENDMENTS NOS. 338– (3) Eleven percent of every dollar spent by security system should be made that would 340 the Federal Government goes to the medi- reduce the value of the social security sys- Mr. SPECTER proposed three amend- care program. tem for future generations of retirees. ments to the concurrent resolution, (4) Currently, spending on the elderly ac- Senate Concurrent Resolution 27, counts for 1⁄3 of the Federal budget and more DODD AMENDMENT NO. 335 supra; as follows: than 1⁄2 of all domestic spending other than Mr. LAUTENBERG (for Mr. DODD) interest on the national debt. AMENDMENT NO. 338 (5) Future generations of Americans must proposed an amendment to the concur- On page 39, line 22, increase the amount by be guaranteed the same value from the social rent resolution Senate Concurrent Res- $3,600,000,000. security system as past covered recipients. olution 27, supra; as follows: On page 39, line 23, increase the amount by (6) According to the 1997 report of the Man- On page 41, line 9 strike the period and add, $10,000,000,000. aging Trustee for the social security trust ‘‘and $250,000,000,000 for the period of fiscal On page 43, line 14, increase the amount by funds, the accumulated balance in the Fed- years 1998 through 2007’’. $300,000,000.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00126 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4907 On page 43, line 15, increase the amount by Mr. LAUTENBERG, Mrs. BOXER, Mr. (b) SENSE OF THE SENATE.—It is the sense $300,000,000. D’AMATO, Mr. DEWINE, and Mr. KEN- of the Senate that the assumptions under- On page 43, line 21, increase the amount by NEDY) proposed an amendment to the lying this budget resolution assume that $1,400,000,000. concurrent resolution, Senate Concur- after balancing the unified federal budget, On page 43, line 22, increase the amount by the Congress should continue efforts to re- $1,400,000,000. rent Resolution 27, supra; as follows: duce the on-budget deficit, so that the fed- On page 43, line 24, increase the amount by At the appropriate place, insert the fol- eral budget will be balanced without count- $2,000,000,000. lowing: ing Social Security surpluses. On page 43, line 25, increase the amount by SEC. . SENSE OF THE SENATE REGARDING CER- $2,000,000,000. TAIN ELDERLY LEGAL ALIENS. On page 44, line 2, increase the amount by It is the sense of the Senate that the provi- DASCHLE AMENDMENT NO. 344 $2,700,000,000. sions of this resolution assume that: On page 44, line 3, increase the amount by Mr. DOMENICI (for Mr. DASCHLE) (1) the Committee on Finance will include proposed an amendment to the concur- $2,700,000,000. in its recommendations to the Committee on On page 44, line 5, increase the amount by rent resolution, Senate Concurrent the Budget of the Senate changes in laws $3,600,000,000. Resolution 27, supra; as follows: On page 44, line 6, increase the amount by within the jurisdiction of the Committee on Insert at the appropriate place the fol- $3,600,000,000. Finance that allow certain elderly, legal im- At the end of the resolution add the fol- migrants who will cease to receive benefits lowing new section: lowing new section: under the supplemental security income pro- SEC. . SENSE OF THE SENATE SUPPORTING SUFFICIENT FUNDING FOR VET- SEC. . INCREASE IN DISCRETIONARY SPENDING gram as a result of the Personal Responsi- ERANS. ON CHILDREN’S HEALTH. bility and Work Opportunity Reconciliation (a) REDUCTION IN MANDATORY SPENDING.—It Act of 1996 (Public Law 104–193: 110 stat. 2105) (a) FINDINGS.—The Senate finds that— is the sense that, with respect that the man- to continue to receive benefits during a rede- (1) veterans and their families represent datory spending levels provided for in this termination or reapplication period to deter- approximately 27 percent of the United resolution, for children’s health care funding mine if such aliens would qualify for such States population; should be reduced by $10,000,000,000 for fiscal benefits on the basis of being disabled. (2) more than 20 million of our 26 million years 1998, 1999, 2000, 2001, and 2002 and dis- (2) the Committee on Finance in devel- living veterans served during wartime, sacri- cretionary spending for such fiscal years oping these recommendations should offset ficing their freedom so that we may have should be increased by $10,000,000,000. the additional cost of this proposal out of ours; and other programs within the jurisdiction of (3) veterans have earned the benefits prom- AMENDMENT NO. 339 Committee on Finance. ised to them. At the end of the resolution add the fol- (b) SENSE OF THE SENATE.—It is the sense lowing new section: COVERDELL AMENDMENT NO. 342 of the Senate that— SEC. . INCREASE IN DISCRETIONARY SPENDING (1) the assumptions underlying this Budget ON CHILDREN’S HEALTH. Mr. DOMENICI (for Mr. COVERDELL) Resolution assume that the 602(b) allocation (a) REDUCTION IN MANDATORY SPENDING.— proposed an amendment to the concur- to the Department of Veterans Affairs will Mandatory spending provided for in this res- rent resolution, Senate Concurrent be sufficient in FY98 to fully fund all discre- olution for children’s health care shall be re- Resolution 27, supra; as follows: tionary veterans programs, including med- ical care; and duced by $10,000,000,000 for fiscal years 1998, At the end of the bill, add the following: 1999, 2000, 2001, and 2002 and discretionary (2) funds collected from legislation to im- SEC. . SENSE OF THE SENATE REGARDING RET- prove the Department of Veterans Affairs’ spending for such fiscal years shall be in- ROACTIVE TAXES. creased by $10,000,000,000. ability to collect and retain reimbursement (a) FINDINGS.—The Senate finds that— (b) DISCRETIONARY BUDGET AUTHORITY AND (1) in general, the practice of increasing a from third-party payers ought to be used to OUTLAYS.—With respect to the discretionary tax retroactively is fundamentally unfair to supplement, not supplant, an adequate ap- spending limits in section 201(a)— propriation for medical care. (1) the nondefense discretionary limits for taxpayers; (2) retroactive taxation is disruptive to fiscal year 1998 for new budget authority and families and small business in their ability outlays shall each be increased by MURRAY AMENDMENT NO. 345 to plan and budget; $300,000,000; Mr. DOMENICI (for Mrs. MURRAY, for (2) the nondefense discretionary limits for (b) SENSE OF THE SENATE.—It is the sense of the Senate that the levels in this budget herself and Mr. WELLSTONE) proposed fiscal year 1999 for new budget authority and an amendment to the concurrent reso- outlays shall each be increased by resolution assume that— $1,400,000,000; (1) except for closing tax loopholes, no rev- lution, Senate Concurrent Resolution (3) the discretionary category for fiscal enues should be generated from any retro- 27, supra; as follows: year 2000 for new budget authority and out- actively increased tax; and At the appropriate place, insert the fol- (2) the Congress and the President should lays shall each be increased by $2,000,000,000; lowing: (4) the discretionary category for fiscal work together to ensure that any revenue generating proposal contained within rec- SEC. . SENSE OF CONGRESS ON FAMILY VIO- year 2001 for new budget authority and out- LENCE OPTION CLARIFYING AMEND- lays shall each be increased by $2,700,000,000; onciliation legislation pursuant to this con- MENT. current resolution proposal, except those and (a) FINDINGS.—Congress finds the fol- proposals closing tax loopholes, should take (5) the discretionary category for fiscal lowing: effect prospectively. year 2002 for new budget authority and out- (1) Domestic violence is the leading cause lays shall each be increased by $3,600,000,000. of physical injury to women. The Depart- (c) RECONCILIATION.—With respect to the DORGAN (AND OTHERS) ment of Justice estimates that over 1,000,000 recommendations of the Committee on Fi- AMENDMENT NO. 343 violent crimes against women are committed nance under section 104(a)(5)(A)— by intimate partners annually. (1) the amount relating to reductions in Mr. DOMENICI (for Mr. DORGAN, for (2) Domestic violence dramatically affects outlays for fiscal year 2002 shall be increased himself, Mr. DASCHLE, and Mr. HOL- the victim’s ability to participate in the by $3,600,000,000; and LINGS) proposed an amendment to the (2) the amount relating to reductions in workforce. A University of Minnesota survey concurrent resolution, Senate Concur- reported that one-fourth of battered women outlays for the period of fiscal years 1998 rent Resolution 27, supra; as follows: through 2002 shall be increased by surveyed had lost a job partly because of $10,000,000,000. At the appropriate place in the resolution, being abused and that over one-half of these insert the following: women had been harassed by their abuser at AMENDMENT NO. 340 SEC. . SENSE OF THE SENATE ON SOCIAL SECU- work. On page 23, line 8, increase the amount by RITY AND BALANCING THE BUDGET. (3) Domestic violence is often intensified $1,100,000,000. (a) FINDINGS.—The Senate finds that— as women seek to gain economic independ- On page 23, line 9, increase the amount by (1) This budget resolution is projected to ence through attending school or training $1,100,000,000. balance the unified budget of the United programs. Batterers have been reported to On page 35, line 9, decrease the amount by States in fiscal year 2002; prevent women from attending these pro- $1,100,000,000. (2) Section 13301 of the Budget Enforce- grams or sabotage their efforts at self-im- On page 35, line 10, decrease the amount by ment Act of 1990 requires that the deficit be provement. $1,100,000,000. computed without counting the annual sur- (4) Nationwide surveys of service providers pluses of the Social Security trust funds; and prepared by the Taylor Institute of Chicago, FEINSTEIN (AND OTHERS) (3) If the deficit were calculated according Illinois, document, for the first time, the AMENDMENT NO. 341 to the requirements of Section 13301, this interrelationship between domestic violence budget resolution would be projected to re- and welfare by showing that from 34 percent Mr. DOMENICI (for Mrs. FEINSTEIN, sult in a deficit of $108.7 billion in fiscal year to 65 percent of AFDC recipients are current for herself, Mr. DOMENICI, Mr. CHAFEE, 2002. or past victims of domestic violence.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00127 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4908 CONGRESSIONAL RECORD — SENATE May 21, 1997 (5) Over one-half of the women surveyed On page 3, line 15, increase the amount by (5) Increases in substance abuse among stayed with their batterers because they $22.5 billion. youth are due in large part to an erosion of lacked the resources to support themselves On page 4, line 4, decrease the amount by understanding by youth of the high risks as- and their children. The surveys also found $13.7 billion. sociated with substance abuse, and to the that the availability of economic support is On page 4, line 5, decrease the amount by softening of peer norms against use. a critical factor in poor women’s ability to $23.4 billion. (6) Nearly 1 in every 10 students who re- leave abusive situations that threaten them On page 4, line 6, decrease the amount by ceived a diploma last June is a daily user of and their children. $33.2 billion. illicit drugs. (6) The restructuring of the welfare pro- On page 4, line 7, decrease the amount by (7) A 1995–96 school year survey of drug grams may impact the availability of the $42.9 billion. usage by students revealed that 25 percent of economic support and the safety net nec- On page 4, line 8, decrease the amount by children using drugs are doing so at home or essary to enable poor women to flee abuse $52.7 billion. at the home of a friend. Despite these alarm- without risking homelessness and starvation On page 4, line 12, decrease the amount by ing statistics, less than 30 percent of stu- for their families. $6.3 billion. dents stated that their parents talked to (7) In recognition of this finding, the Com- On page 4, line 13, decrease the amount by them about the problem of alcohol and mittee on the Budget of the Senate in con- $16.9 billion. drugs. sidering the 1997 Resolution on the budget of On page 4, line 14, decrease the amount by (8) In the 1990–91 school year survey, over the United States unanimously adopted a $26.7 billion. 40 percent of the students reported that their sense of the Congress amendment concerning On page 4, line 15, decrease the amount by parent regularly talked to them about drugs. domestic violence and Federal assistance. $36.6 billion. The 1995–96 survey reported an 11 percent de- Subsequently, Congress adopted the family On page 4, line 16, decrease the amount by crease in parental involvement and a cor- violence option amendment as part of the $46.8 billion. responding 10 percent increase in the number Personal Responsibility and Work Oppor- On page 4, line 19, decrease the amount by of students in the 6th through 8th grades tunity Reconciliation Act of 1996. $22.5 billion. who use drugs, and a 17 percent increase in (8) The family violence option gives States On page 4, line 20, decrease the amount by the number of students in the 9th through the flexibility to grant temporary waivers $22.5 billion. 12th grades who use drugs. from time limits and work requirements for On page 4, line 21, decrease the amount by (b) SENSE OF CONGRESS.—It is the sense of domestic violence victims who would suffer $22.5 billion. Congress that the provisions of this resolu- extreme hardship from the application of On page 4, line 22, decrease the amount by tion assume that, from resources available in these provisions. These waivers were not in- $22.5 billion. this budget resolution, a portion should be tended to be included as part of the perma- On page 4, line 23, decrease the amount by set aside for a national grassroots volunteer nent 20 percent hardship exemption. $22.5 billion. effort to encourage parental education and (9) The Department of Health and Human On page 35, line 9, decrease the amount by involvement in youth drug prevention and to Services has been slow to issue regulations $13.7 billion. create a drug-intolerant culture for our chil- regarding this provision. As a result, States On page 35, line 10, decrease the amount by dren. are hesitant to fully implement the family $6.3 billion. violence option fearing that it will interfere On page 35, line 15, decrease the amount by KYL AMENDMENT NO. 348 with the 20 percent hardship exemption. $23.4 billion. (10) Currently 15 States have opted to in- On page 35, line 16, decrease the amount by Mr. DOMENICI (for Mr. KYL) pro- clude the family violence option in their wel- $16.9 billion. posed an amendment to the concurrent fare plans, and 13 other States have included On page 35, line 21, decrease the amount by resolution, Senate Concurrent Resolu- some type of domestic violence provisions in $33.2 billion. tion 27, supra; as follows: their plans. On page 35, line 22, decrease the amount by At the end of title III, add the following: SEC. 2. SENSE OF CONGRESS. $26.7 billion. SEC. . SENSE OF THE SENATE ON ADDITIONAL It is the sense of Congress that the provi- On page 36, line 2, decrease the amount by TAX CUTS. sions of this Resolution assume that— $42.9 billion. It is the sense of the Senate that nothing (1) States should not be subject to any nu- On page 36, line 3, decrease the amount by in this resolution shall be construed as pro- merical limits in granting domestic violence $36.6 billion. hibiting Congress from providing additional good cause waivers under section On page 36, line 8, decrease the amount by tax relief in future years if the cost of such 402(a)(7)(A)(iii) of the Social Security Act (42 $52.7 billion. tax relief is offset by reductions in discre- U.S.C. 602(a)(7)(A)(iii)) to individuals receiv- On page 36, line 9, decrease the amount by tionary or mandatory spending, or increases ing assistance, for all requirements where $46.8 billion. in revenue from alternative sources. compliance with such requirements would make it more difficult for individuals receiv- COVERDELL AMENDMENT NO. 347 SNOWE (AND COVERDELL) ing assistance to escape domestic violence; AMENDMENT NO. 349 and Mr. DOMENICI (for Mr. COVERDELL) (2) any individual who is granted a domes- proposed an amendment to the concur- Mr. DOMENICI (for Ms. SNOWE, for tic violence good cause waiver by a State rent resolution, Senate Concurrent herself and Mr. COVERDELL) proposed shall not be included in the States’ 20 per- Resolution 27, supra; as follows: an amendment to the concurrent reso- cent hardship exemption under section At the end of title II, add the following: lution, Senate Concurrent Resolution 408(a)(7) of the Social Security Act (42 U.S.C. SEC. . SENSE OF CONGRESS REGARDING PA- 27, supra; as follows: 608(a)(7)). RENTAL INVOLVEMENT IN PREVEN- At the proper place, insert the following: TION OF DRUG USE BY CHILDREN. PURPOSE.—Expressing the sense of the Sen- GRAMS AMENDMENT NO. 346 (a) FINDINGS.—Congress makes the fol- ate that higher education tax cuts should en- lowing findings: courage parents and students to save for the Mr. DOMENICI (for Mr. GRAMS) pro- (1) 2,000,000 more children are using drugs posed an amendment to the concurrent costs of a higher education, and to provide in 1997 than were doing so in 1993. For the relief from the debt burden associated with resolution, Senate Concurrent Resolu- first time in the 1990s, over half of our Na- borrowing to pay for a post-secondary edu- tion 27, supra; as follows: tion’s graduating high school seniors have cation. On page 3, line 3, decrease the amount by experimented with drugs and approximately (a) FINDINGS.—The Congress finds that— $22.5 billion. 1 out of every 4 of the students have used (1) the budget agreement reached between On page 3, line 4, decrease the amount by drugs in the past month. Congressional leaders and President Clinton $22.5 billion. (2) After 11 years of declining marijuana provides for $85 billion in net tax relief over On page 3, line 5, decrease the amount by use among children aged 12 to 17, such use five years. $22.5 billion. doubled between 1992 and 1995. The number of (2) in a May 15, 1997, letter to President On page 3, line 6, decrease the amount by 8th graders who have used marijuana in the Clinton, the Speaker of the House and the $22.5 billion. past month has more than tripled since 1991. Senate Majority Leader agreed that the tax On page 3, line 7, decrease the amount by (3) More of our Nation’s school children are package must include tax relief of roughly $22.5 billion. becoming involved with hard core drugs at $35 billion over five years for post-secondary On page 3, line 11, increase the amount by earlier ages, as use of heroin and cocaine by education, including a deduction and a tax $22.5 billion. 8th graders has more than doubled since 1991. credit. On page 3, line 12, increase the amount by (4) Substance abuse is at the core of other (3) the letter further stipulated that the $22.5 billion. problems, such as rising violent teenage and education tax package should be consistent On page 3, line 13, increase the amount by violent gang crime, increasing health care with the objectives put forward in the HOPE $22.5 billion. costs, HIV infections, teenage pregnancy, Scholarship and tuition tax proposals con- On page 3, line 14, increase the amount by high school dropouts, and lower economic tained in the Administration’s FY 1998 budg- $22.5 billion. productivity. et proposal.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00128 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4909 (4) as outlined in the Administration’s FY At the end of title III, add the following: BIDEN (AND OTHERS) AMENDMENT 1998 budget summary, the objective of the SEC. . SENSE OF THE SENATE EARLY CHILD- NO. 354 education tax credits and deductions is to HOOD EDUCATION. Mr. LAUTENBERG (for Mr. BIDEN for ensure that financial barriers to higher edu- (a) FINDINGS.—The Senate finds the fol- cation continue to fall for all Americans, and lowing: himself, Mr. BYRD, and Mr. GRAMM) to encourage Americans to pursue higher (1) Scientific research on the development proposed an amendment to the concur- education and to promote lifelong learning. of the brain has confirmed that the early rent resolution, Senate Concurrent (5) students at the undergraduate level childhood years, particularly from birth to Resolution 27, supra; as follows: have seen tuition increases outpace inflation the age of 3, are critical to children’s devel- At the end of title II, add the following: for more than a decade, which has led to an opment. SEC. . SUPPORT FOR FEDERAL, STATE, AND increased demand for student aid, including (2) Studies repeatedly have shown that LOCAL LAW ENFORCEMENT OFFI- student loans. good quality child care helps children de- CERS. (6) the typical student loan borrower—in- velop well, enter school ready to succeed, (a) FINDINGS.—The Senate makes the fol- cluding undergraduate, graduate, and doc- improve their skills, cognitive abilities and lowing findings: toral students—now accumulates more than socioemotional development, improve class- (1) Our Federal, State, and local law en- $10,000 in educational debt. This rising debt room learning behavior, and stay safe while forcement officers provide essential services burden poses a serious threat to students and their parents work. Further, quality early that preserve and protect our freedoms and may lead to some students no longer pur- childhood programs can positively affect security, and with the support of Federal as- suing a higher education. children’s long-term success in school sistance, State and local law enforcement of- (7) post-secondary education tax cuts that achievement, higher earnings as adults, de- ficers have succeeded in reducing the na- tional scourge of violent crime, as illus- encourage savings and that address this ris- crease reliance on public assistance and de- trated by a murder rate in 1996 that is pro- ing debt burden would encourage Americans crease involvement with the criminal justice jected to be the lowest since 1971 and a vio- to pursue a higher education and promote system. lent crime total in 1996 that is the lowest lifelong learning, and would, therefore, be (3) The first of the National Education consistent with the objectives sought by since 1990. Goals, endorsed by the Nation’s governors, (2) Through a comprehensive effort to at- President Clinton in his budget proposal. passed by Congress and signed into law by (b) SENSE OF SENATE.—It is the sense of the tack violence against women mounted by President Bush, stated that by the year 2000, Senate that the levels in this resolution and State and local law enforcement, and dedi- every child should enter school ready to legislation enacted pursuant to this resolu- cated volunteers and professionals who pro- learn and that access to a high quality early tion assume— vide victim services, shelter, counseling, and childhood education program was integral to (1) that higher education tax relief should advocacy to battered women and their chil- meeting this goal. encourage Americans to pursue a post-sec- dren, important strides have been made (4) According to data compiled by the ondary education and promote lifelong against the national scourge of violence RAND Corporation, while 90 percent of learning. against women, illustrated by the decline in (2) tax incentives that encourage parents human brain growth occurs by the age of 3, the murder rate for wives, ex-wives, and and students to save for higher education ex- public spending on children in that age range girlfriends at the hands of their ‘‘intimates’’ penses, and that provide relief from the debt equals only 8 percent of spending on all chil- fell to a 19-year low in 1995. burden associated with borrowing to pay for dren. A vast majority of public spending on (3) Federal, State, and local law enforce- a post-secondary education, are consistent children occurs after the brain has gone ment efforts need continued financial com- mitment from the Federal Government for with the objectives set forth in this resolu- through its most dramatic changes, often to funding and financial assistance to continue tion, and should be included in any post-sec- correct problems that should have been ad- their efforts to combat violent crime and vi- ondary education tax cut package. dressed during early childhood development. (5) According to the Department of Edu- olence against women. cation, of $29,400,000,000 in current estimated (4) Federal, state and local law enforce- HARKIN AMENDMENTS NOS. 350–351 education expenditures, only $1,500,000,000, or ment also face other challenges which re- Mr. LAUTENBERG (for Mr. HARKIN) 5 percent, is spent on children from birth to quire continued financial commitment from proposed an amendment to the concur- age 5. The vast majority is spent on children the Federal Government, including regaining over age 5. control over the Southwest Border, where rent resolution, Senate Concurrent drug trafficking and illegal immigration Resolution 27, supra; as follows: (6) A new commitment to quality child care and early childhood education is a nec- continue to threaten public safety and men- AMENDMENT NO. 350 essary response to the fact that children ace residents on the border and throughout the nation. At the appropriate place in the resolution, from birth to the age of 3 are spending more insert the following: (5) The Violent Crime Reduction Trust time in care away from their homes. Almost Fund established in section 310001 the Vio- SEC. . SENSE OF THE SENATE ON MEDICAL RE- 60 percent of women in the workforce have lent Crime Control and Law Enforcement SEARCH. children under the age of 3 requiring care. It is the sense of the Senate that the funds Act of 1994 (42 U.S.C. 14211) fully funds the (7) Many States and communities are cur- Violent Crime Control and Law Enforcement in the defense 050 account that are assumed rently experimenting with innovative pro- to be dedicated for medical research should Act of 1994, including the Violence Against grams directed at early childhood care and Women Act, without adding to the Federal be increased by $900,000,000 for fiscal year education in a variety of care settings, in- budget deficit. 1998. cluding the home. States and local commu- (b) SENSE OF THE SENATE.—It is the sense nities are best able to deliver efficient, cost- of the Senate that the provisions and the AMENDMENT NO. 351 effective services, but while such programs functional totals underlying this resolution At the end of title II, add the following: are long on demand, they are short on re- assume that— SEC. . ANTIGIMMICK TAX SCORING. sources. Additional Federal resources should (1) the Federal Government’s commitment For purposes of scoring any revenue provi- not create new bureaucracy, but build on to fund Federal law enforcement programs sion of a reconciliation bill enacted pursuant successful locally driven efforts. and programs to assist State and local ef- to this resolution, a provision that increases (b) SENSE OF THE SENATE.—It is the sense forts to combat violent crime, including vio- revenue in fiscal year 2002 by an amount of the Senate that the budget totals and lev- lence against women, will be maintained; $1,000,000,000 or more in excess of the amount els in this resolution assume that funds and that the provision increases revenue in ei- ought to be directed toward increasing the (2) funding for the Violent Crime Reduc- ther fiscal year 2001 or 2003 shall be scored supply of quality child care, early childhood tion Trust Fund will continue in its current by— education, and teacher and parent training form at least through fiscal year 2002. (1) subtracting the amount of the excess for children from birth through age 3. from the revenue amount for fiscal year 2002; BOXER (AND OTHERS) and AMENDMENT NO. 355 (2) dividing the amount of excess by 4 and BYRD AMENDMENT NO. 353 adding the quotient to the revenue score for Mr. LAUTENBERG (for Mrs. BOXER, the provision for each of the fiscal years 2002 Mr. LAUTENBERG (for Mr. BYRD) for herself, Mr. DURBIN, Mr. DASCHLE, through 2005. proposed an amendment to the concur- Mr. HARKIN, and Mr. BUMPERS) pro- rent resolution, Senate Concurrent posed an amendment to the concurrent KOHL (AND KERRY) AMENDMENT Resolution 27, supra; as follows: resolution, Senate Concurrent Resolu- NO. 352 On page 56, line 7, strike the word ‘‘en- tion 27, supra; as follows: acted’’ and insert: ‘‘reported or an amend- At the appropriate place, add the following Mr. LAUTENBERG (for Mr. KOHL, for ment is adopted’’. new section: himself and Mr. KERRY) proposed an On page 56, line 15, strike the words ‘‘en- SEC. . SENSE OF THE SENATE ON TAX CUTS. amendment to the concurrent resolu- actment of legislation’’ and insert: ‘‘report- It is the sense of the Senate that the Con- tion, Senate Concurrent Resolution 27, ing of legislation or upon the adoption of an current Resolution on the Budget assumes supra; as follows: amendment’’. that—

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00129 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4910 CONGRESSIONAL RECORD — SENATE May 21, 1997 (1) A substantial majority of the tax cut Committee on Commerce, Science, and The memorial, the names of Ameri- benefits provided in the tax reconciliation Transportation be authorized to meet cans killed and missing engraved in its bill will go to middle class working families on May 21, 1995, at 9:30 a.m. on program marble edifice, is an eery reminder of earning less than approximately $100,000 per efficiencies at the Department of the sacrifice made by so many young year; and (2) The tax cuts in the tax reconciliation Transportation. men and women for a cause many here bill will not cause revenue losses to increase The PRESIDING OFFICER. Without at home disputed. Nearly 9 million significantly in years after 2007. objection, it is so ordered. Americans served in Vietnam. Their COMMITTEE ON ENERGY AND NATURAL valor in war was too often greeted with ROBB AMENDMENT NO. 356 RESOURCES disrespect upon their return home. Mr. DOMENICI. Mr. President, I ask Mr. ROBB proposed an amendment to That is why the Vietnam Veterans Me- unanimous consent that the Com- the concurrent resolution, Senate Con- morial plays such an important role in mittee on Energy and Natural Re- current Resolution 27, supra; as fol- honoring the bravery and sacrifice of sources be granted permission to meet lows: the soldiers who served in an unpopular during the session of the Senate on war at a tumultuous time in American At the appropriate place, add the fol- Wednesday, May 21, for purposes of lowing: history. conducting a Full Committee Business While the memorial’s design was at SEC . . SENSE OF THE SENATE ON SOCIAL SECU- RITY AND RETIREMENT SAVING. Meeting which is scheduled to begin at first controversial, it has become an (a) FINDINGS.—The Senate finds that— 9:30 a.m. The purpose of this hearing is important aspect of the National Mall (1) Payroll taxes provide the basic funding to consider pending calendar business. in Washington, DC, visited by tens of source for Social Security, the most popular The PRESIDING OFFICER. Without thousands of tourists every year. For and successful government program in reduc- objection, it is so ordered. those whose loved ones perished in ing the rate of poverty among the elderly; COMMITTE ON FINANCE Vietnam, it is an opportunity to see (2) For a majority of Americans, the pay- Mr. DOMENICI. Mr. President, The roll tax burden imposed for Social Security firsthand, that their friends or rel- is now greater than the income tax burden, Finance Committee requests unani- atives will be revered and remembered making it difficult for many families to in- mous consent to conduct a hearing on for a long time to come. For those who vest for their own retirement; Wednesday, May 21, 1997, beginning at were not touched personally by the (3) Payroll taxes collected for Social Secu- 10 a.m. in room 215 Dirksen. war, the memorial is a chance to un- rity currently exceed the amounts necessary The PRESIDING OFFICER. Without derstand and experience Vietnam. And to fund Social Security benefits; objection, it is so ordered. for all Americans, the Vietnam Vet- (4) Excess Social Security revenues finance COMMITTE ON FINANCE erans Memorial is a lesson about the current consumption rather than being saved and invested for the benefit of today’s em- Mr. DOMENICI. Mr. President, the dangers of war and the bravery, char- ployees, denying them an opportunity to Finance Committee Subcommittee on acter, and patriotism of the men and share in the benefits of the increasing value Social Security and Family Policy re- women of our Armed Forces. of capital in a global economy; quests unanimous consent to conduct a On this, the 15th anniversary of the (5) Increased personal savings is necessary hearing on Wednesday, May 21, 1997, be- Vietnam Veterans Memorial, Senator to provide secure retirements and enhance ginning at 2 p.m. in room 215 Dirksen. HAGEL’s resolution is a timely and ap- future productivity and economic growth; The PRESIDING OFFICER. Without propriate way to honor all those who (B) SENSE OF THE SENATE.—It is the sense objection, it is so ordered. of the Senate that the provisions of this Res- served in Vietnam. I am proud, Mr. olution assumes that— COMMITTE ON FOREIGN RELATIONS President, to be an original cosponsor.∑ (1) The Senate will consider using the Mr. DOMENICI. Mr. President, I ask f amounts currently reserved for tax cuts for unanimous consent that the Com- individuals to use a portion of their Social mittee on Foreign Relations be author- LOBBYING DISCLOSURE TECH- Security payroll tax contribution for per- ized to meet during the session of the NICAL AMENDMENTS ACT OF 1997 sonal retirement accounts. Senate on Wednesday, May 21, 1997, at ∑ Mr. LEVIN. Mr. President, I wish f 10 a.m. to hold a business meeting. to add to the statement I offered last NOTICE OF HEARING The PRESIDING OFFICER. Without objection, it is so ordered. week when I introduced S. 758, the Lob- COMMITTEE ON SMALL BUSINESS bying Disclosure Technical Amend- COMMITTE ON INDIAN AFFAIRS Mr. BOND. Mr. President, I wish to ments Act of 1997. In my statement, I Mr. DOMENICI. Mr. President, I ask announce that the Committee on Small noted that a similar piece of legisla- unanimous consent that the Senate Business will hold a hearing entitled tion that Congressmen CHARLES CAN- Committee on Indian Affairs be author- ‘‘Small Business Perspectives on Man- ADY and sponsored last ized to meet during the session of the dates, Paperwork, and Regulation.’’ year and moved through the House of Senate on Wednesday, May 21, 1997 at The hearing will be held on June 4, Representatives, was unable to gain 9:30 a.m. in room 485 of the Russell 1997, beginning at 9:30 a.m. in room passage in the Senate because of a pro- Senate Building to conduct an Over- 428A of the Russell Senate Office Build- vision that some Members of the Sen- sight Hearing on programs designed to ing. ate found problematic. I emphasized assist native American veterans. For further information, please con- that the bill I have introduced omits The PRESIDING OFFICER. Without tact Suey Howe at 224–5175. that provision. objection, it is so ordered. f Although that revision is, in my f view, the key difference between the AUTHORITY FOR COMMITTEES TO ADDITIONAL STATEMENTS bill I have introduced and last year’s MEET version, I should also point out a sec- COMMITTEE ON ARMED SERVICES ond change. S. 758 omits a provision Mr. DOMENICI. Mr. President, I ask THE 15TH ANNIVERSARY OF THE that would alter the language in those unanimous consent that the Com- VIETNAM VETERANS MEMORIAL sections of the Lobbying Disclosure mittee on Armed Services be author- ∑ Mr. GORTON. Mr. President, I am Act (the ‘‘LDA’’) requiring LDA reg- ized to meet on Wednesday, May 21, proud to be a cosponsor of Senator istrants to identify certain foreign en- 1997, at 2 p.m. in open session, to re- HAGEL’s legislation commemorating tities that have an interest in the out- ceive testimony regarding the quadren- the 15th anniversary of the Vietnam come of their lobbying activities. As it nial defense review and its impact on Veterans Memorial, Senate Resolution stands now, the LDA provides that reg- the future years defense program. 87. His resolution is a fitting tribute istrants need to identify foreign enti- The PRESIDING OFFICER. Without not only to the wall itself, but to the ties that have a direct interest in their objection, it is so ordered. 58,196 American men and women who lobbying. The provision in last year’s COMMITTEE ON COMMERCE, SCIENCE, AND gave their lives for this country in House-passed bill and which is not in- TRANSPORTATION Southeast Asia or who are still missing cluded in S. 758 would have added the Mr. DOMENICI. Mr. President, I ask nearly 20 years after the conclusion of word ‘‘significant’’ to that phrase. unanimous consent that the Senate the war. Under that provision, registrants

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00130 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4911 would have to disclose foreign subsidi- the enchanted years. tance of diplomatic readiness to our aries only if they have a significant di- IN NOMINE Nation’s security has not been re- rect interest in the lobbying. Oh! waiting heart! Shall thy images always flected in the Federal budget in recent In my view, changing direct interest keep years. to significant direct interest would be the remembrance of lost, embroidered-time, To the contrary, international affairs counterproductive, especially since the our realm-blessed joy unrolled, to weep funding has suffered drastic budget provision in question does not define unstemmed amid this sable, wounded, clime? cuts, a point which I will demonstrate what the word ‘‘significant’’ means in We tarry, roses breathing vanished-times today. These cuts have already begun this context. At what point does a di- beckon, to have noticeable effects on our Na- in this green-parting grove where seasons tion’s diplomatic readiness. rect interest become a significant di- reckon. rect interest? If foreign entities have a Thus, this year’s budget agreement IN MEMORIAM direct interest in the lobbying of a reg- must be seen as only the first step to- istrant, but the registrant insists that April 19, 1995, Oklahoma City, the Murrah ward restoring and enhancing Amer- Building.∑ interest is not significant, how can we ica’s diplomatic preparedness. judge that contention? In the absence f Before discussing the decline in re- of clear answers to those questions, I ENHANCING OUR DIPLOMATIC sources for foreign affairs, it is worth believe the provision I have omitted READINESS—A CRITICAL TEST pausing to address a threshold ques- could weaken the LDA. By introducing OF AMERICAN LEADERSHIP tion: What kind of foreign policy do we want to have? an element of vagueness into the act’s ∑ Mr. BIDEN. Mr. President, last language, it could undercut the act’s Stated more bluntly—are we pre- week a bipartisan budget agreement pared to remain engaged in the world, ability to fulfill the information-gath- was successfully reached between the ering function that we had in mind or are we headed down the path of iso- Administration and Congressional lationism? when we passed it. leaders of both parties. As I emphasized in my initial state- For it is only after we answer this This is a seminal achievement that fundamental question should we make ment, my purpose in introducing this will lead us to a balanced budget for decisions about the budgetary re- technical amendments bill is to make the first time in 28 years. sources for foreign affairs. the LDA even more useful than it is I would like to congratulate the Mr. President, how we fund our diplo- now. I do not want to do anything to budget negotiators on this important matic resources abroad presents an- weaken the act, and S. 758 is shaped in accomplishment. other test for American leadership— accordance with that guiding prin- I would like to call particular atten- ∑ whether the growing forces of ciple. tion to their leadership in funding neoisolationism or those favoring en- f international affairs. gagement are going to prevail in this LAMENTATION In February, I wrote the Budget congress. It is commonly asserted these days ∑ Mr. CHAFEE. Mr. President, I ask Committee asking that the President’s that the American people are weary of that a poem by Virginia Louise Doris budget request of $19.45 billion for international affairs spending be re- international involvement, and want be entered in the RECORD. Ms. Doris, us to cut back from our commitments distinguished poet and historian from garded as the absolute minimum essen- tial to effectively carry out the na- abroad. my hometown of Warwick, RI, has Over the course of the last 50 years written this poem to commemorate tional interests of the United States. Yesterday, the Budget Committee re- we have seen an enormous techno- those who lost their lives in the bomb- logical revolution take place in the ing of the Murrah Federal Building in ported a resolution establishing these enhanced levels of funding as a priority areas of information, communication, Oklahoma City over 2 years ago. transportation, medicine, manufac- The poem follows: for fiscal year 1998. I commend the Budget Committee turing, and world trade. LAMENTATION For better or worse, this revolution— (By Virginia Louise Doris, composed April for recognizing the importance of fund- ing this year the full amount of the at least for large segments of the 19, 1997) world—has fundamentally transformed President’s request for foreign affairs. ‘‘A Song that wanders only where an elegy the way we live. This was an important first step. sent’’. Within and among nations, people I look forward to continue working DE PROFUNDIS today are more closely connected than with Chairman HELMS on the Foreign We tarry, roses breathing vanished-times ever by fast and affordable travel, in- broken, Relations Committee and with the Ap- stant electronic communication, and in this green-parting glade where agonies propriations Committee to insure that standardized products. spoken. sufficient funds are authorized and ap- For americans, who for much of our Oh! waiting heart! shall thy pulses always propriated to restore our resources for history enjoyed a sense of separateness beat diplomatic readiness abroad. from the world, global interdependence to the serephs pause of a presence so dear, But it was only the first step. In re- is no longer an academic abstraction; that all dove-cote lowing cadance repeat cent years, funding for international we experience it daily. The lesson of its sweet, floating, accents to thine ear? affairs has plummeted in real terms to the two world wars in this century— Charcoal shadows lay their twilight fingers its lowest level since World War II. that we cannot preserve our own well- upon a barren wall, where roses sang a Yet all the while, due to the being in isolation from the world’s climbing song, and declivous wings brushed downsizing of U.S. overseas military in summer flight, each petal instill life’s problems—has now been compounded incense to fulfill; the roar of fate decrees forces, diplomacy has become more im- by technology. a sundered cherish. portant than ever as a vital front-line For the last 50 years, the major IN EXTREMIS defense of American interests. threat to our Nation’s security was the Although the cold war has ended, In the long noon-tide of our sorrow, we ques- global spread of communism. Today, a tioned challenges to our security remain. host of other threats—no less dan- of the eternal morrow; we gaze in bonded We live in an age in which inter- gerous—to our future security and awe national threats such as terrorism, prosperity exist: the proliferation of far through the daystar’s candle dimmed, or narcotics trafficking, and nuclear pro- dangerous weapons; the threat of ter- charnel liferation continue to imperil our Na- rorism, narcotics, and international tears and dust which tell our kindred roam. tion’s security and prosperity. crime; the spread of deadly diseases; The beloved is keeping all, the waiting, mur- American diplomats in the field and the degradation of the environment; muring, on the ground are essential to under- and increasing economic competition. beloved lets nothing go, of clasp and want standing complex political and eco- which tolls our famished moan, illumed by On every continent, we face many lyric nomic forces affecting our allies and challenges, new and old: cerement, spheres gush of dewy, languored, adversaries alike. In Europe, we work to reinvigorate woes cascading vernal, flamy, biers of mem- Despite the reduction in our military the NATO alliance by engaging in new ory, readiness abroad, the increased impor- missions and expanding to the east;

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00131 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4912 CONGRESSIONAL RECORD — SENATE May 21, 1997 In Eurasia, we seek to build a con- request, foreign policy spending is now that’s how these cuts in international structive relationship with a newly at its lowest level in 20 years. affairs spending, on both programs and democratic Russia still armed with Stated in fiscal 1998 dollars, the people, have impacted American inter- thousands of nuclear weapons, and to budget in the current fiscal year is ests. nourish democracy there and elsewhere $18.77 billion, which is 25 percent below Let us start with the State Depart- in the New Independent States; the annual average of $25 billion over ment. Since President Clinton assumed In the Middle East, we endeavor to the past two decades, and 30 percent office, funding for the Department’s sustain a peace process that has below the level of 10 years ago, near core activities has fallen by 17 percent brought Israel and her neighbors with- the end of the Reagan administration. in real terms. This is a recent phenomenon. The de- in sight of a final agreement that could Although the current level is slightly end decades of conflict; cline commenced at the beginning of the decade. But the most significant higher than the historical average of In Asia, we seek to strengthen the the past 20 years, the cuts in the last bonds of cooperation with old allies in reductions came in the past few years. Spending dropped by 3.8 percent in few years have had a dramatic effect on Japan and Korea, and to build a coop- the Department. erative relationship with a growing fiscal 1994, by 5.6 percent in fiscal 1995, economic and military power in China; by 10.2 percent in fiscal 1996, and fi- First, we have closed 36 missions In Latin America, we seek to sustain nally by 3.7 percent in fiscal 1997. In overseas, in locations such as Zurich, and strengthen our ties to the new de- short, the reductions in this decade Switzerland, Stuttgart, Germany, and mocracies which are enjoying unprece- began with a trickle and have turned Lubumbashi, Zaire. dented economic success, and to help into a hemorrhage. At the same time, 24 new posts have them contain the threat of the nar- Taken together, let me repeat, these been opened, 15 of which are in the na- cotics trade; budget cuts brought spending in 1997 to tions that once comprised the Soviet In Africa, we are helping the new the lowest level in the past 20 years, empire. We now have 249 overseas South Africa take its rightful place as and a full 25 percent below the average posts, the lowest level since 1980. a leader of the world community, and for that period. Now, I am not objecting to cuts made These reductions are also historic in we seek to encourage the spread of de- in the interest of efficiency. I agree two other respects. For the past two mocracy across the continent, where that we should eliminate duplication decades, international affairs spending, the seeds of freedom and free markets and waste. as measured against the rest of the dis- are slowly taking root. cretionary budget, held reasonably What I am concerned about, however, These multiple challenges may not is whether these reductions may have call for a single construct—as the chal- steady. The average was 4.1 percent, but it rarely deviated much from that left our interests unevenly protected lenge of communism yielded the policy overseas. of containment—but they clearly affect average. In fact, the trend, from 1987 to 1995, Just as one example, the closing last American interests, and cry out for ac- was virtually a straight line. But then year of the American Consulate in tive American leadership. the line started to take a dive in 1996, Medan, Indonesia, has left us with no I believe that the American people dropping to 3.7 percent; and in 1997, it American diplomatic presence in the understand this reality; and precisely fell still further to 3.6 percent. second most important commercial for that reason, they expect to see the The story is largely the same when center in that country. strong hand of the United States in foreign affairs funding is compared to Unlike Britain, Russia, Japan, Ger- world affairs. the total budget, including mandatory many, and a host of other countries It is often stated, sometimes with ex- spending programs. which all have diplomats in Medan, our cessive triumphalism, that we are the Over the past two decades, inter- presence is limited to the American world’s lone remaining superpower. Un- national affairs funding comprised, on Embassy some 800 miles away in Ja- fortunately, when it comes to devoting average, 1.7 percent of the entire Fed- karta. adequate resources for our diplomatic eral budget. In fiscal 1997, such funding efforts, we rarely act the part. Medan is located in a part of Indo- was just 1.1 percent of the Federal nesia that is a key entry-way for arms Indeed, our ability to continue our budget, the lowest level in the past 20 leadership role is threatened by the se- smuggling into the country, and his- years and about one-third below the torically has been a hotbed of pro-inde- vere decline in funding for inter- historical average. national affairs. pendence political activity. Moreover, It should be pointed out here that I there are significant private American And although some members of this am not using fiscal year 1985 as a base body may contest the need for such economic interests in Medan. However, year for comparison. That was an ex- instead of protecting our interests in funding, there can be no dispute that traordinary year because there were spending for international affairs has the region—both economic and secu- two special supplemental appropria- rity—we have been reduced to sending fallen significantly in recent years. tions to meet foreign policy crises: a Allow me to elaborate. In budgetary someone from the Embassy up to special aid package for the Middle Medan about once every 4 months. terms, nearly all funding for inter- East, and a relief bill for famine in Af- national affairs programs are found in rica. Second, the Department is suffering the category known as function 150. In Spending that year, in constant fis- from what might be called an infra- this category are all major foreign af- cal 1998 dollars, was $36.3 billion, or structure deficit. Replacement and fairs activities: diplomacy conducted nearly twice current funding. modernization of basic equipment has by the Department of State, foreign aid I recognize that such an anomalous been long deferred, and renovation and administered by the Agency for Inter- year would skew the comparison, and repair of overseas buildings has been national Development; information instead I have chosen to look at cur- delayed. Let me state it at the most and exchange activities carried out by rent funding based against a 20-year basic level: Many diplomats, both here the U.S. Information Agency; The work time period. and abroad, still use Wang computers. of the Arms Control and Disarmament This period, I might add, embraces When purchased in the early 1980’s, the Agency; U.S. contributions to inter- the tenure of both Presidents Carter Wang was state-of-the-art, and the national financial institutions such as and Clinton—that is, the two most re- State Department was the envy of the the World Bank; and support for the cent Democratic administrations—as Federal Government; today, the obso- United Nations and related agencies well as those of Presidents Reagan and lete computers that pervade the De- ranging from the International Atomic Bush. partment make it the laughing-stock Energy Agency to the Children’s Fund. In sum, Mr. President, the data do of Washington. Similarly, over 40 per- By every measure, spending for these not lie. No matter how you slice it, cent of the Department’s overseas tele- activities has been cut to the bone in spending for foreign affairs has been se- phone switchboards are obsolete, so old the last few years. verely cut. in fact, that spare parts are unavail- According to a study of the Congres- There’s another part of the story able, and to keep the older systems sional Research Service prepared at my that needs to be told, however, and working, we cannibalize ones that have

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00132 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4913 been replaced to fix those still in oper- deficit problem. And the programs are This is far from a radical concept. ation. The same is true for over 80 per- far from a giveaway; they are an in- More than most Americans, members cent of all our radio equipment over- vestment in our security. of the U.S. military well understand seas. Mr. President, I am not the only one that diplomacy is the front-line of our In the same vein, thousands of re- who feels that reductions in foreign af- national defense. pairs to embassies and other facilities fairs spending have put American in- Both our diplomats and our soldiers remain unmet because of the lack of terests at risk. work on a daily basis to protect our na- funds. Our embassy in Beijing—one of A recent independent, bipartisan blue tional security, and their missions our most important posts—is literally ribbon panel jointly sponsored by the overlap frequently. falling apart. Numerous other facili- Brookings Institution and the Council When American aircraft carriers are ties, on every continent, require exten- on Foreign Relations came to the same deployed to the Taiwan Straits, they sive repair work. conclusion. are not only showing American mili- At other foreign affairs agencies, the They concluded that ‘‘the cuts al- tary power, they are demonstrating the story is much the same. At the U.S. In- ready made in the international affairs United States commitment to security formation Agency, funding is 13 per- discretionary account have adversely and stability in East Asia. cent below the average in the past 20 affected, to a significant degree, the years. Two programs which are among ability of the United States to protect When American diplomats negotiate our cheapest and most cost-effective and promote its economic, diplomatic nuclear and conventional arms control foreign policy tools—exchanges and and strategic agendas abroad. agreements in Europe and Eurasia, international broadcasting—have been ‘‘Unless this trend is reversed, Amer- they are strengthening European secu- particularly affected. ican vital interests will be jeopard- rity, a vital national interest which For example, budget cuts and a con- ized.’’ has long been central to our defense solidation of all international broad- Mr. President, we cannot let this planning. casting have forced reductions in pro- trend continue. It is a delusion to be- In short, just as the projection of gramming on the Voice of America and lieve that America can remain actively military power is a diplomatic tool, di- Radio Free Europe/Radio Liberty. Dur- engaged in the world if we continue to plomacy is a weapon in the arsenal of ing the Cold War, services like Radio deny the President and the Secretary our national defense. Both are vital to Free Europe provided a steady breath of State the resources necessary for the our national interest; both should be of truth to those trapped behind the conduct of American foreign policy. protected. An important first step in the right Iron Curtain. Mr. President, the debate over the Today, their mission, and the mis- direction has been taken by funding in full President Clinton’s international form and substance of our Nation’s for- sion of the new Radio Free Asia, is no eign policy comes down to this—will less important. During my recent visit affairs budget request for fiscal 1998. Yet, as I have demonstrated here America lead? to Moscow, a leading member of the today, after several years of drastic I believe our interests call for it. The Russian legislature pleaded for the con- cuts, continued funding is critical to sacrifices of our grandparents and par- tinuation of Radio Liberty, which is re- restoring and enhancing America’s ents require it. The future of this great garded as a critical tool in a country vital diplomatic capacity. country demands it. where the media remains under strong As it has been reported, the Presi- Mr. President, the end of the cold influence of the government and the dent has decided to reorganize the ruling classes. war and the approach of a new century many foreign affairs agencies of the provides a historic moment for the The steepest reductions in our for- Federal Government. eign policy budget have come in for- United States to play a decisive role in I support the President’s reorganiza- world affairs—to bend the course of eign assistance, which at $11.5 billion tion plan, and believe that we should last year—again, using fiscal 1998 dol- history slightly. Such moments are eliminate duplication and waste in our rare. lars—is lower, in real terms, than any foreign policy programs. year of the last 20, and some 36 percent However, we in the Congress must The last such time, after the con- below the historical average of that pe- keep in mind the needs of the next cen- flagration of the Second World War, riod. tury and the importance of our diplo- saw an active American leadership role Foreign aid spending has been stead- matic presence abroad. in shaping the institutions that were ily falling since the early 1990’s. Reduc- I also want to make clear that our central to world history in the last half tions of this magnitude have under- reform efforts should be driven not by of this century—institutions such as mined American influence and inter- the imperative of budgetary savings— the North Atlantic Treaty Organiza- ests around the globe. as important as that is—but by the tion and the World Bank. It is popular to assert that foreign need to ensure that we have a robust Like the choices made by Presidents aid is merely the foreign policy equiva- diplomatic presence around the globe named Roosevelt and Truman and Sen- lent of welfare, a supposed giveaway of in order to protect the gains of our cold ators named Connolly and Vandenburg massive dimensions that yields few war victory. a half century ago, the decisions we benefits to American interests, and Let me also unequivocally state that make now could affect the course of that if we merely ended the program, any savings realized from reorganiza- world history for generations to come. our problems with the budget deficit tion of our foreign policy agencies Congress needs to reinforce Amer- would be over. Wrong on both counts. should not be diverted elsewhere but ica’s leadership in the world, and pro- Through our foreign assistance pro- re-allocated to enhance our diplomatic vide the resources necessary to protect grams we help to combat the scourges readiness. our interests overseas. of drug trafficking, international Moreover, in acting to ensure ade- We bear a responsibility to the Amer- crime, terrorism, and arms prolifera- quate funding for American foreign ican people to make the case and show tion. For example, our contributions to policy, we should also end the false dis- the benefits for these investments, as the International Law Enforcement tinction—in both our thinking and our well as the costs of not pursuing them. Academy in Budapest, Hungary, has budgeting—between foreign policy and helped to train nearly 3,000 foreign law national defense. I, for one, will do everything I can as enforcement personnel in fighting or- For years, we have distinguished be- ranking minority member on the For- ganized crime, drugs, and international tween the two as if they were separate eign Relations Committee to make money laundering. American contribu- and unrelated aspects of our national sure that we do. tions to these efforts is an important budget. Rather than resting on our laurels way in which we protect our interests But that is hardly the case. Quite the after winning the cold war, we must be abroad. opposite: The two are closely linked, even more resolute, lest we squander To state the obvious, if we ended all and should be similarly conceived as an opportunity to bring peace and de- foreign aid—both economic and mili- part of a broader national security mocracy to even more people across tary assistance—we would not end our budget. the globe.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00133 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4914 CONGRESSIONAL RECORD — SENATE May 21, 1997 E. DONNALL THOMAS MEDAL OF guarantees that their exemplary ef- on the part of Congress to achieve this ACHIEVEMENT forts are not overlooked and reaffirm status. But this is necessary because Mr. GORTON. Mr. President, I rise to our commitment to provide the Fred Mr. Meili does not meet the necessary pay special tribute to George and Jane Hutchinson Cancer Research Center criteria for permanent residency under Russell, two individuals who have the vital support it needs to continue any of the existing categories. made remarkable contributions within its battle against cancer.∑ Mr. Meili has done a great service to their business and local communities. f the Jewish people, to this country and to the civilized world. Without thought The Russells will be presented with the RELIEF OF CHRISTOPH MEILI E. Donnall Thomas Medal of Achieve- for his own future or well-being he did ∑ ment Award at a special celebration to Mr. ABRAHAM. Mr. President, I rise what his conscience demanded, and be held on June 14 in Seattle. to explain my reasons for being an saved valuable evidence concerning the The E. Donnall Thomas Award is original cosponsor of this legislation. relationship between Swiss banks and named after Dr. E. Donnall Thomas, Christoph Meili was until recently a the victims of Hitler’s death camps. Director Emeritus of the Fred Hutch- security guard at the Union Bank of It seems equally clear to me that Mr. inson Cancer Research Center’s Clin- Switzerland. At about 6 p.m. on Janu- Meili has two possible futures ahead of ical Division and recipient of the 1990 ary 8 of this year Mr. Meili was making him. In the first, we abandon him. The Nobel Prize in Medicine, who pioneered his nightly rounds, when he stumbled United States turns its back on this bone marrow transplantation as a form upon a number of crates containing man of conscience and sends him back of treatment for cancer. The guidance bank documents. Surprised, Mr. Meili to Switzerland. There he faces unem- of Dr. Thomas and the work of his col- examined the documents and found ployment, a dark blotch on his record leagues enables the Fred Hutchinson them to be ledgers, letters, and state- for informing on his employer, and pos- Cancer Research Center to save thou- ments of account dating back to the sibly worse. While the vast majority of sands of lives each year. 1930’s and 1940’s, and pertaining mostly the Swiss people are decent and law- George and Jane Russell truly rep- to Jewish clients. abiding, some of them already have resent the spirit of the E. Donnall Mr. Meili knew that historical docu- made threats against him. He would be Thomas Medal of Achievement: inspi- ments relating to the relationship be- literally a man without a country. rational leadership in their company tween Swiss banks and Jews during the Alternatively, we could welcome Mr. and community; a force for positive Holocaust were an issue of inter- Meili into our Nation, as so many of change; and dedication to service that national importance. For some time our people already have welcomed him puts their highest humanitarian prin- now my colleague from New York, Sen- into their hearts. We have the choice. ciples into action. Together, the Rus- ator D’AMATO, has been investigating We could open our doors to this man of sells have inspired a corporate culture the role of Swiss banks in laundering conscience, giving him the chance to of integrity, earning their company, money for the Nazis during World War make for himself and his family a the Frank Russell Co., the distinction II, and in particular the possibility brighter future in a land that treasures of ‘‘Best Large Company to Work for in that those banks reaped huge profits the kind of bravery he has displayed. Washington State’’ by ‘‘Washington from property and gold confiscated His circumstances do not fit any of CEO’’ in 1994 and the Better Workplace from Jewish victims of the Holocaust. our set categories for immigration. But award from the Association of Wash- In answer to the firestorm of protest I am convinced that they present us ington Business in 1995. over these allegations, the Swiss Par- with the opportunity to demonstrate George Russell is a dynamic industry liament only 3 weeks before had our ability and willingness to recognize pioneer who has made an indelible passed, with great fanfare, a law spe- when noble acts render the particulars mark on the investment world. As the cifically prohibiting the destruction of of bureaucratic regulation less impor- founder of both the pension consulting documents that might assist in the tant than the will to do what is right. business and Russell 20–20, a group pro- search for assets properly belonging to Mr. Meili is the kind of man I want viding investment opportunities for victims of Hitler’s concentration for a neighbor. His is a family I feel countries making the transition from camps. Yet here were exactly the kind would benefit any community. Our command to market economies, George of documents the Swiss Parliament country can only be made better by his Russell has truly revolutionized the in- presumably wanted to protect. permanent residence here.∑ vestment world. Jane Russell is cred- At this point, Christoph Meili could f ited as the visionary behind the Frank have looked the other way. Instead he Russell Company’s award winning suc- remembered his responsibility as a civ- GOOD SAMARITAN EXEMPTION cess. As the director of corporate and ilized human being. He spent 20 min- ∑ Ms. SNOWE. Mr. President, I am community relations, Jane promotes a utes going through the documents, put pleased to report that we have made business environment based on mutual what seemed the most important in his progress in our efforts to protect At- trust and respect. jacket, and took them out to his car. lantic large whales. As you may recall, The Russells’ community involve- We owe Mr. Meili a debt of immense on May 8th of this year, several of my ment and dedication to humanitarian gratitude for this act of conscience. colleagues joined with me in intro- efforts is unmatched. Jane has been the But not everyone is thankful to him. ducing the ‘‘Good Samaritan Exemp- recipient of the Tacoma/Pierce Coun- He has lost his job. He has received tion’’ to the Marine Mammal Protec- ty’s Community Service Award and death threats. He is uncertain of his tion Act. The Good Samaritan Exemp- serves on the boards of the National own future and the future of his wife tion provides that the disentanglement Center for Nonprofit Boards, Wash- and two young children. His future of a marine mammal from fishing gear ington, DC, the American Leadership does not look bright in Switzerland. does not violate the ‘‘take’’ provisions Forum and the campaign cabinet of the Yet here in America he is welcomed of the MMPA. We were able to have the Washington State History Museum. with open arms everywhere he goes, as exemption accepted as an amendment George is a founding member of the Ex- he should be. In early May he was to S. 672, and, due to the broad support ecutive Council for Greater Tacoma, a flown to New York under the auspices for this noncontroversial amendment, I group of corporate and community of the World Jewish Congress. He has am hopeful that it will be included in leaders dedicated to the revitalization been warmly received at receptions in the conference report. of Tacoma. Together, they cochair the both New York and Washington. And However, during the drafting of the effort to build the $38.8 million Inter- Mr. Edgar Bronfman, the chairman of amendment a concern emerged that national Museum of Modern Glass on the World Jewish Congress and presi- this exemption alone would not provide Tacoma’s waterfront. dent of the Seagram Co., has offered full protection for citizens involved in I commend the efforts and the inspi- him a fulltime job. whale disentanglement efforts. On May ration provided by George and Jane Which brings us to this bill. Mr. Meili 20th, I was notified by the administra- Russell. By awarding the Russells with and his family seek permanent resi- tion that the necessary steps will be the E. Donnall Thomas Medal of dency in this country. This is an un- taken to ensure that fishermen and Achievement, the Hutchinson Center usual case, in that he requires action others who act as Good Samaritans

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00134 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4915 will not be subject to prosecution The PRESIDING OFFICER. Without (1) the willingness of volunteers to offer their under the nation’s environmental stat- objection, it is so ordered. services is deterred by the potential for liability utes. I would ask to have printed in the The resolution (S. Res. 89) was agreed actions against them; (2) as a result, many nonprofit public and pri- RECORD a letter from Dr. D. James to. vate organizations and governmental entities, Baker, Under Secretary for Oceans and The resolution is as follows: including voluntary associations, social service Atmospheres, which addresses this Resolved, That notwithstanding the restric- agencies, educational institutions, and other issue. tions contained in Rule 25, the following civic programs, have been adversely affected by I am pleased that the administration shall be the majority party’s membership on the withdrawal of volunteers from boards of di- was able to provide this assurance so the Governmental Affairs Committee for the rectors and service in other capacities; 105th Congress, or until their successors are (3) the contribution of these programs to their that fishermen acting as Good Samari- communities is thereby diminished, resulting in tans will not be treated unfairly by our chosen: Committee on Governmental Affairs: Mr. fewer and higher cost programs than would be laws. With this commitment from the Thompson (Chair), Ms. Collins, Mr. Brown- obtainable if volunteers were participating; administration, whale disentanglement back, Mr. Domenici, Mr. Cochran, Mr. Nick- (4) because Federal funds are expended on efforts will be able to expand, improv- les, Mr. Specter, Mr. Smith (N.H.) and Mr. useful and cost-effective social service programs, ing the welfare and survival of these Bennett. many of which are national in scope, depend marine mammal populations. heavily on volunteer participation, and rep- f resent some of the most successful public-private The letter follows: partnerships, protection of volunteerism through U.S. DEPARTMENT OF COMMERCE, MEASURE REFERRED TO COMMITTEE clarification and limitation of the personal li- THE UNDER SECRETARY FOR OCEANS AND ability risks assumed by the volunteer in con- ATMOSPHERE, Mr. STEVENS. Mr. President, I ask nection with such participation is an appro- Washington, DC, May 20, 1997. unanimous consent the Energy Com- priate subject for Federal legislation; Hon. OLYMPIA J. SNOWE, mittee be discharged from further con- (5) services and goods provided by volunteers U.S. Senate, and nonprofit organizations would often other- Washington, DC. sideration of S. 156 and the bill be re- ferred to the Committee on Indian Af- wise be provided by private entities that operate DEAR SENATOR SNOWE: I am aware of the in interstate commerce; recent proposals to amend the Marine Mam- fairs. (6) due to high liability costs and unwar- mal Protection Act (MMPA) with a so-called The PRESIDING OFFICER. Without ranted litigation costs, volunteers and nonprofit ‘‘Good Samaritan’’ exemption, to allow the objection, it is so ordered. organizations face higher costs in purchasing taking of a marine mammal if the taking is f insurance, through interstate insurance mar- necessary to avoid injury or death to an ani- kets, to cover their activities; and mal entangled in fishing gear or debris. MEASURE READ THE FIRST (7) clarifying and limiting the liability risk as- I am also aware that such a taking could TIME—H.R. 1306 sumed by volunteers is an appropriate subject be a violation of the Endangered Species Act for Federal legislation because— (ESA), if the animal is listed as endangered Mr. STEVENS. Mr. President, I un- (A) of the national scope of the problems cre- or threatened under that statute. The Na- derstand that H.R. 1306 has arrived ated by the legitimate fears of volunteers about tional Oceanic and Atmospheric Administra- from the House and I ask for its first frivolous, arbitrary, or capricious lawsuits; tion (NOAA) believes that Section 10(a)(1)(A) reading. (B) the citizens of the United States depend of the Endangered Species Act authorizes the The PRESIDING OFFICER. The on, and the Federal Government expends funds Secretary to permit the taking of an endan- clerk will report. on, and provides tax exemptions and other con- gered marine mammal in accordance with The legislative clerk read as follows: sideration to, numerous social programs that de- the conditions contained in the Snowe-Kerry pend on the services of volunteers; ‘‘Good Samaritan’’ amendment. I am writing A bill (H.R. 1306) to amend the Federal De- (C) it is in the interest of the Federal Govern- to you to express the commitment of NOAA posit Insurance Act to clarify the applica- ment to encourage the continued operation of to take the most appropriate administrative bility of host State laws to any branch in volunteer service organizations and contribu- action under Section 10(a)(1)(A) of the ESA, such State of an out-of-State bank. tions of volunteers because the Federal Govern- to allow a ‘‘Good Samaritan’’ taking of an Mr. STEVENS. I now ask that the ment lacks the capacity to carry out all of the entangled marine mammal in the cir- bill be given its second reading, and I services provided by such organizations and vol- cumstances specified in the proposed MMPA object on behalf of a Member on the unteers; and amendment, specifically with regard to large (D)(i) liability reform for volunteers, will pro- other side of the aisle. mote the free flow of goods and services, lessen whales. The PRESIDING OFFICER. There is Thank you for your efforts to rationalize burdens on interstate commerce and uphold con- interactions between the fishing industry an objection. This bill will be read for stitutionally protected due process rights; and and marine mammals. the second time on the next legislative (ii) therefore, liability reform is an appro- Sincerely, day. priate use of the powers contained in article 1, section 8, clause 3 of the United States Constitu- D. JAMES BAKER.∑ f tion, and the fourteenth amendment to the f VOLUNTEER PROTECTION ACT OF United States Constitution. ORDER OF PROCEDURE 1997 (b) PURPOSE.—The purpose of this Act is to promote the interests of social service program Mr. STEVENS. Mr. President, I ask Mr. STEVENS. Mr. President, I ask beneficiaries and taxpayers and to sustain the unanimous consent I be recognized to the Chair lay before the Senate a mes- availability of programs, nonprofit organiza- present the normal wrapup. Following sage from the House of Representatives tions, and governmental entities that depend on that time, I have 5 minutes, then Sen- on (S. 543) a bill to provide certain pro- volunteer contributions by reforming the laws to ator CONRAD will present his speech, tections to volunteers, nonprofit orga- provide certain protections from liability abuses and following his speech, the Senate nizations, and governmental entities in related to volunteers serving nonprofit organiza- tions and governmental entities. will stand in adjournment pursuant to lawsuits based on the activities of vol- SEC. 3. PREEMPTION AND ELECTION OF STATE the requests outlined. unteers. NONAPPLICABILITY. The PRESIDING OFFICER. Without The PRESIDING OFFICER laid be- (a) PREEMPTION.—This Act preempts the laws objection, it is so ordered. fore the Senate the following message of any State to the extent that such laws are in- f from the House of Representatives: consistent with this Act, except that this Act Resolved, That the bill from the Senate (S. shall not preempt any State law that provides MAKING MAJORITY PARTY AS- 543) entitled ‘‘An Act to provide certain pro- additional protection from liability relating to SIGNMENTS TO COMMITTEE ON tections to volunteers, nonprofit organiza- volunteers or to any category of volunteers in GOVERNMENTAL AFFAIRS tions, and governmental entities in lawsuits the performance of services for a nonprofit orga- nization or governmental entity. Mr. STEVENS. Mr. President, I ask based on the activities of volunteers’’, do pass with the following amendment: (b) ELECTION OF STATE REGARDING NON- unanimous consent that the Senate Strike all after the enacting clause and in- APPLICABILITY.—This Act shall not apply to any proceed to consideration of Senate Res- sert in lieu thereof the following: civil action in a State court against a volunteer in which all parties are citizens of the State if olution 89 submitted earlier by Senator SECTION 1. SHORT TITLE. such State enacts a statute in accordance with LOTT which would make majority This Act may be cited as the ‘‘Volunteer Pro- party committee appointments, and State requirements for enacting legislation— tection Act of 1997’’. (1) citing the authority of this subsection; further the resolution be adopted and SEC. 2. FINDINGS AND PURPOSE. (2) declaring the election of such State that the motion to reconsider be laid on the (a) FINDINGS.—The Congress finds and de- this Act shall not apply, as of a date certain, to table. clares that— such civil action in the State; and

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00135 Fmt 0624 Sfmt 6333 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4916 CONGRESSIONAL RECORD — SENATE May 21, 1997 (3) containing no other provisions. difference to the rights or safety of the indi- tion which constitutes a hate crime referred to SEC. 4. LIMITATION ON LIABILITY FOR VOLUN- vidual harmed. in subsection (b)(1) of the first section of the TEERS. (2) CONSTRUCTION.—Paragraph (1) does not Hate Crime Statistics Act (28 U.S.C. 534 note); or (a) LIABILITY PROTECTION FOR VOLUNTEERS.— create a cause of action for punitive damages (B) any not-for-profit organization which is Except as provided in subsections (b) and (d), no and does not preempt or supersede any Federal organized and conducted for public benefit and volunteer of a nonprofit organization or govern- or State law to the extent that such law would operated primarily for charitable, civic, edu- mental entity shall be liable for harm caused by further limit the award of punitive damages. cational, religious, welfare, or health purposes an act or omission of the volunteer on behalf of (f) EXCEPTIONS TO LIMITATIONS ON LIABIL- and which does not practice any action which the organization or entity if— ITY.— constitutes a hate crime referred to in subsection (1) the volunteer was acting within the scope (1) IN GENERAL.—The limitations on the liabil- (b)(1) of the first section of the Hate Crime Sta- of the volunteer’s responsibilities in the non- ity of a volunteer under this Act shall not apply tistics Act (28 U.S.C. 534 note). profit organization or governmental entity at to any misconduct that— (5) STATE.—The term ‘‘State’’ means each of the time of the act or omission; (A) constitutes a crime of violence (as that the several States, the District of Columbia, the (2) if appropriate or required, the volunteer term is defined in section 16 of title 18, United Commonwealth of Puerto Rico, the Virgin Is- was properly licensed, certified, or authorized States Code) or act of international terrorism (as lands, Guam, American Samoa, the Northern by the appropriate authorities for the activities that term is defined in section 2331 of title 18) Mariana Islands, any other territory or posses- or practice in the State in which the harm oc- for which the defendant has been convicted in sion of the United States, or any political sub- curred, where the activities were or practice was any court; division of any such State, territory, or posses- undertaken within the scope of the volunteer’s (B) constitutes a hate crime (as that term is sion. responsibilities in the nonprofit organization or used in the Hate Crime Statistics Act (28 U.S.C. (6) VOLUNTEER.—The term ‘‘volunteer’’ means governmental entity; 534 note)); an individual performing services for a non- (3) the harm was not caused by willful or (C) involves a sexual offense, as defined by profit organization or a governmental entity criminal misconduct, gross negligence, reckless applicable State law, for which the defendant who does not receive— misconduct, or a conscious, flagrant indiffer- has been convicted in any court; (A) compensation (other than reasonable reim- ence to the rights or safety of the individual (D) involves misconduct for which the defend- bursement or allowance for expenses actually harmed by the volunteer; and ant has been found to have violated a Federal incurred); or (4) the harm was not caused by the volunteer or State civil rights law; or (B) any other thing of value in lieu of com- operating a motor vehicle, vessel, aircraft, or (E) where the defendant was under the influ- pensation, other vehicle for which the State requires the ence (as determined pursuant to applicable in excess of $500 per year, and such term in- operator or the owner of the vehicle, craft, or State law) of intoxicating alcohol or any drug at cludes a volunteer serving as a director, officer, vessel to— the time of the misconduct. trustee, or direct service volunteer. (A) possess an operator’s license; or (2) RULE OF CONSTRUCTION.—Nothing in this SEC. 7. EFFECTIVE DATE. (B) maintain insurance. subsection shall be construed to effect sub- (a) IN GENERAL.—This Act shall take effect 90 (b) CONCERNING RESPONSIBILITY OF VOLUN- section (a)(3) or (e). days after the date of enactment of this Act. TEERS TO ORGANIZATIONS AND ENTITIES.—Noth- SEC. 5. LIABILITY FOR NONECONOMIC LOSS. (b) APPLICATION.—This Act applies to any ing in this section shall be construed to affect (a) GENERAL RULE.—In any civil action claim for harm caused by an act or omission of any civil action brought by any nonprofit orga- against a volunteer, based on an action of a vol- a volunteer where that claim is filed on or after nization or any governmental entity against unteer acting within the scope of the volunteer’s the effective date of this Act but only if the any volunteer of such organization or entity. responsibilities to a nonprofit organization or harm that is the subject of the claim or the con- (c) NO EFFECT ON LIABILITY OF ORGANIZATION governmental entity, the liability of the volun- duct that caused such harm occurred after such OR ENTITY.—Nothing in this section shall be teer for noneconomic loss shall be determined in effective date. construed to affect the liability of any nonprofit accordance with subsection (b). organization or governmental entity with re- Mr. LEAHY. Mr. President, I com- (b) AMOUNT OF LIABILITY.— spect to harm caused to any person. mend the House Judiciary Committee (1) IN GENERAL.—Each defendant who is a (d) EXCEPTIONS TO VOLUNTEER LIABILITY volunteer, shall be liable only for the amount of and the House of Representatives for PROTECTION.—If the laws of a State limit volun- noneconomic loss allocated to that defendant in their consideration and passage of H.R. teer liability subject to one or more of the fol- direct proportion to the percentage of responsi- 911, the Volunteer Protection Act of lowing conditions, such conditions shall not be bility of that defendant (determined in accord- 1997. construed as inconsistent with this section: (1) A State law that requires a nonprofit orga- ance with paragraph (2)) for the harm to the At the beginning of this month, the nization or governmental entity to adhere to claimant with respect to which that defendant senior Senator from Georgia and I risk management procedures, including manda- is liable. The court shall render a separate judg- worked out a compromise version of tory training of volunteers. ment against each defendant in an amount de- the Volunteer Protection Act, S. 543. (2) A State law that makes the organization or termined pursuant to the preceding sentence. Our bipartisan legislation extended entity liable for the acts or omissions of its vol- (2) PERCENTAGE OF RESPONSIBILITY.—For pur- poses of determining the amount of noneconomic reasonable liability protection to indi- unteers to the same extent as an employer is lia- vidual volunteers for honest mistakes ble for the acts or omissions of its employees. loss allocated to a defendant who is a volunteer (3) A State law that makes a limitation of li- under this section, the trier of fact shall deter- with no effect on liability of nonprofit ability inapplicable if the civil action was mine the percentage of responsibility of that de- organizations and governmental enti- brought by an officer of a State or local govern- fendant for the claimant’s harm. ties. The Coverdell-Leahy substitute ment pursuant to State or local law. SEC. 6. DEFINITIONS. offered liability protection for individ- (4) A State law that makes a limitation of li- For purposes of this Act: uals who are volunteering to help oth- ability applicable only if the nonprofit organiza- (1) ECONOMIC LOSS.—The term ‘‘economic ers and acting in good faith and passed tion or governmental entity provides a finan- loss’’ means any pecuniary loss resulting from the Senate by a 99–1 vote. cially secure source of recovery for individuals harm (including the loss of earnings or other I am pleased that the House Judici- who suffer harm as a result of actions taken by benefits related to employment, medical expense a volunteer on behalf of the organization or en- loss, replacement services loss, loss due to death, ary Committee adopted the Coverdell- tity. A financially secure source of recovery may burial costs, and loss of business or employment Leahy substitute version of the Volun- be an insurance policy within specified limits, opportunities) to the extent recovery for such teer Protection Act at its mark-up of comparable coverage from a risk pooling mecha- loss is allowed under applicable State law. H.R. 911. During its consideration of nism, equivalent assets, or alternative arrange- (2) HARM.—The term ‘‘harm’’ includes phys- H.R. 911, the House Judiciary Com- ments that satisfy the State that the organiza- ical, nonphysical, economic, and noneconomic mittee adopted two amendments that tion or entity will be able to pay for losses up to losses. improve our legislation. a specified amount. Separate standards for dif- (3) NONECONOMIC LOSSES.—The term ‘‘non- First, the House Judiciary Com- ferent types of liability exposure may be speci- economic losses’’ means losses for physical and fied. emotional pain, suffering, inconvenience, phys- mittee adopted an amendment by Rep- (e) LIMITATION ON PUNITIVE DAMAGES BASED ical impairment, mental anguish, disfigurement, resentative SCOTT that applies the ON THE ACTIONS OF VOLUNTEERS.— loss of enjoyment of life, loss of society and com- act’s protection to conduct after the (1) GENERAL RULE.—Punitive damages may panionship, loss of consortium (other than loss act’s effective date. Prospective appli- not be awarded against a volunteer in an action of domestic service), hedonic damages, injury to cation makes sense since the act’s pas- brought for harm based on the action of a vol- reputation and all other nonpecuniary losses of sage will give notice to all parties of unteer acting within the scope of the volunteer’s any kind or nature. their new legal rights. responsibilities to a nonprofit organization or (4) NONPROFIT ORGANIZATION.—The term Second, House Judiciary Committee governmental entity unless the claimant estab- ‘‘nonprofit organization’’ means— lishes by clear and convincing evidence that the (A) any organization which is described in adopted an amendment by Representa- harm was proximately caused by an action of section 501(c)(3) of the Internal Revenue Code of tive JACKSON-LEE that exempts mem- such volunteer which constitutes willful or 1986 and exempt from tax under section 501(a) of bers of hate groups from the liability criminal misconduct, or a conscious, flagrant in- such Code and which does not practice any ac- protections in the bill. Although I am

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00136 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4917 not completely comfortable with the and nation. The events in Philadelphia other leaders to ask Americans to language of this amendment, its pur- were nonpartisan and inclusive of the make a commitment to volunteerism. pose is clear—to make sure that this interests of all. I am pleased that we in Congress has now said to would-be legislation provides no protection the Senate and House of Representa- volunteers that you don’t have to be whatsoever to anyone who is involved tives were able to work in that spirit afraid of being named in a frivolous in a hate crime. I know that every one to craft bipartisan legislation that pro- lawsuit based on your volunteer serv- of my colleagues opposes hate groups motes the worthy goals of voluntarism ice. If you make a simple, honest mis- and would not support liability protec- in America. take, we are not going to put all your tion for them and this amendment I believe we are building on the suc- assets on the block in a lawsuit lot- makes that explicitly clear. cess of the Presidents’ Summit on tery. Don’t be afraid to step forward, I recommend that my colleagues re- America’s Future by working together get involved, and take an active part in view the House Judiciary Committee to pass a good bill that provides volun- the affairs of your community. report on H.R. 911, House Report 105– teers involved in the delivery of needed We hope the President will join with 101, for a section-by-section analysis services with reasonable liability pro- the overwhelming majorities in both and summary of the bill. tection. I urge my colleagues to sup- houses of Congress and sign the Volun- Although I support the Volunteer port S. 543, the Volunteer Protection teer Protection Act into law. Protection Act, I realize that it is not Act. Mr. ABRAHAM. Mr. President, I am perfect. I am troubled by its possible Mr. COVERDELL. Mr. President, we very pleased that the House passed vol- preemption of existing state law. While have today taken an important step to unteer protection legislation this week the bill’s preemption provision has encourage more people to step forward and that the Senate is now voting on been significantly narrowed from the and serve their communities as volun- final passage of the Volunteer Protec- original version of S. 543, this legisla- teers by removing the fear of unwar- tion Act. I look forward to our sending tion still preempts state laws that do ranted lawsuits against volunteers. Our this important legislation to the Presi- not provide more protection for volun- adoption of S. 543, the Volunteer Pro- dent for his signature. teers. If preemption occurs, State leg- tection Act of 1997, will grant immu- Thanks to the tireless efforts of my islatures may pass legislation to opt nity from personal civil liability, under distinguished colleagues, particularly out of the bill’s coverage. certain circumstances, to volunteers Senators COVERDELL and MCCONNELL, Rather than preempting some State working for nonprofit organizations but also Senators SANTORUM, ASHCROFT laws, I would prefer that Congress offer and governmental entities. and others, including Representatives Federal incentives to States to enact This legislation has enjoyed over- PORTER and INGLIS in the House, we model language for limiting volunteer whelming bipartisan support in both were able to pass this legislation, liability. Many States have already bodies. I want to thank all of those which will grant meaningful relief acted on this issue with at least 44 members who supported this bill to from unwarranted litigation to volun- States having passed some protection help our volunteers all across America. teers. for volunteers. If we can achieve the In particular, I would like to recognize I have heard from my constituents in shared objective of protecting indi- the leadership of Senator MCCONNELL, Michigan and others time and again vidual volunteers without preempting who has been a strong advocate of re- about baseless lawsuits that have State tort law, I think we should be form in this area, and the other co- plagued volunteers and about how pursuing that route. That approach, sponsors of the bill: Senator ABRAHAM, some have declined to volunteer or however, was not acceptable to the ma- Senator ASHCROFT, Senator ENZI, Sen- have limited their voluntary activities jority. ator GRAMM, Senator GREGG, Senator out of concern for being sued. Volun- I am also troubled by the manner HUTCHINSON of Arkansas, Senator KYL, teers with the Boy Scouts, Little that the Senate considered the Volun- Senator SANTORUM, and Senator SES- League, the Red Cross, and many other teer Protection Act. S. 543 was brought SIONS. All of them were extremely help- fine organizations have been subject to to the Senate floor without notice, ful during the original Senate debate frivolous and baseless litigation. They without hearings and without a com- and in many other ways as we moved have had to spend considerable time mittee report. Although Senator this legislation forward. and money defending lawsuits. That COVERDELL and I were able to work to- I thank also Senator LEAHY for his time and money could be going to char- gether to fashion a bipartisan bill, I be- cooperation and leadership in striking itable activities, instead of going to in- lieve that process would have been a compromise that both sides of the creased legal fees and liability insur- much easier had we gone through the aisle, and indeed both Chambers, could ance costs. normal process of considering the Vol- support. We heard many examples of frivolous unteer Protection Act through the From the other body, I thank Con- lawsuits and their costs during floor Senate Judiciary Committee. gressman JOHN PORTER of Illinois, who debate on this legislation, and I am Mr. President, I share a profound has been promoting the issue of volun- pleased that Congress is taking action sense of gratitude and appreciation for teer protection since 1986 and truly laid to address these significant problems the thousands of Vermonters and mil- the foundation for today’s success. that have hindered charitable activi- lions of volunteers nationwide whose HENRY HYDE, Chairman of the House ties. While many other sectors of our selfless acts make the world a better Judiciary Committee, was instru- society and our economy continue to place for us all. The people who spend mental in holding hearings on volun- face equally harmful lawsuit abuses their weekends preparing dinners for teer protection legislation. I should and while we need broader litigation the homeless and poor, the parents who also thank Congressman BOB INGLIS for reforms to address those abuses, this organize a carwash to raise money for his leadership on this issue. And legislation represents a significant step the local PTA, the neighbors who do- Speaker GINGRICH lent his strong sup- forward in reintroducing some measure nate to those displaced by flood, fire port to our effort. We worked in close of fairness and justice in our civil jus- and other disasters—these generous coordination with our colleagues in the tice system. In the coming weeks, I acts of voluntarism and countless oth- other body and I appreciate their co- plan to introduce a bill that would pro- ers are an essential element of the operation and hard work to make this vide relief from abusive lawsuits to American social fabric. victory possible for volunteers. small businesses, and I also plan to join The Presidents’ Summit on Amer- We now send the Volunteer Protec- Senator MCCONNELL in introducing a ica’s Future last month in Philadelphia tion Act to the White House with the broad civil justice reform bill similar was a tribute to the spirit of American expectation that the President will en- to the bill on which he and I collabo- voluntarism and a magnifying glass thusiastically sign it. This legislation rated last Congress. Those efforts are that will help spark intensified efforts bears directly on the mission of the no less needed, but voluntary activity by all Americans to be better citizens Philadelphia Summit held last month does provide some very special benefits and better neighbors; citizens who will at which President Clinton, and former that justify kicking off legal reform ef- be more willing to give of ourselves to Presidents Bush, Carter, and Ford forts this Congress by focussing on vol- make life better in our communities joined with Gen. Colin Powell and unteers.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00137 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4918 CONGRESSIONAL RECORD — SENATE May 21, 1997 Charitable activity in particular pro- This country’s long line of vol- because ‘‘there is no consistency vides a unique link between us as mem- unteerism is built upon the principle of among our states with regard to volun- bers of the same community. Through loving your neighbor as yourself—of teer liability statutes.’’ Moreover, Mr. volunteer work and efforts, each of us being a ‘‘Good Samaritan’’ and stop- Goodwin explained that ‘‘the lack of think of our neighbors, and even ping along side the road to lend a help- consistency has led to confusion in the strangers, as our brothers and sisters, ing hand. People from my home state volunteer community.’’ The Volunteer deserving of our care and help. All too of Kentucky understand and live this Protection Act responds to this need often, abusive litigation has broken simple, yet powerful principle. and provides a uniform minimum down that community spirit and made Unfortunately, this volunteer spirit standard to protect our volunteers. us look at each other as potential has become another victim to our na- In closing, let me say a deep word of plaintiffs and defendants, rather than tional epidemic of litigation. William thanks to all the volunteers and lead- as neighbors and friends. Cople, former pro bono General Counsel ers who have helped me push for this The Volunteer Protection Act will for the National Capital Area Council legislation over the past 7 years. In help rebuild that spirit by reducing of the has writ- particular, I want to offer a special and litigation excesses. The bill provides ten that, ‘‘volunteer service is under heartfelt thank you to my wife, Elaine relief from punitive damages for volun- assault from an unlikely quarter—the Chao, who has kept me focused on this teers by providing that punitive dam- civil justice system. Like so many oth- issue, and been such a steady and con- ages may only be awarded against a ers, volunteers and their service orga- stant voice for the men and women volunteer in cases in which the claim- nizations have been swept into the who serve in our communities. ant proves by clear and convincing evi- courts to face potential liability in I also thank the President for his ef- dence that the harm was caused by the civil suits.’’ forts in joining with Gen. Colin Powell defendant through criminal or willful Moreover, even the Little League and with President Bush to promote misconduct or through a conscious, fla- faces major league liabilities. As Dr. volunteerism throughout our country. grant indifference to the rights and Creighton Hale, former CEO of Little I encourage President Clinton to sign safety of the claimant. League Baseball, has noted, the Little this legislation and provide much-need- The act also reintroduces some fair- League has become the ‘‘Litigation ed protection for our volunteers. ness into the system by reforming joint League.’’ For example, one woman won Mr. STEVENS. I ask unanimous con- and several liability rules so that, a cash settlement when she was struck sent the Senate concur in the amend- where a volunteer is a defendant in an by a ball that a player failed to catch. ment of the House. action, the volunteer will be liable for Incidentally, the player was her daugh- The PRESIDING OFFICER. Without noneconomic damages only in propor- ter. objection, it is so ordered. tion to the volunteer’s responsibility The chilling effect of even one settle- f for causing the harm. That is only fair. ment or judgment is astounding. In addition, where a volunteer is not Again, I quote the Boy Scouts’ former AUTHORIZING AWARDING A CON- acting with gross negligence, reckless- General Counsel who has explained: ‘‘a GRESSIONAL GOLD MEDAL TO ness, or in a more egregious fashion, legal judgment entered in a single case MOTHER TERESA that volunteer will not be liable for can have a multitude of consequences Mr. STEVENS. Mr. President, I ask harm caused in the scope of the vol- extending far beyond that case itself. unanimous consent that the Senate untary activity. This surely is a reason for concern in proceed to immediate consideration of This legislation also includes a State the case of volunteers to service orga- H.R. 1650 which has been received from opt-out provision, under which a State nizations.’’ the House. may opt out of the bill’s provisions for It is precisely this type of reasoning The PRESIDING OFFICER. The cases in State court in which all par- and this type of horror stories-come-to- clerk will report. ties are citizens of the State. No State life that prompted me to introduce leg- The legislative clerk read as follows: is expected to elect out of the coverage islation to protect volunteers. I have A bill (H.R. 1650) to authorize the President of this bill’s worthy provisions, but it introduced such legislation in 1990, to award a gold medal on behalf of the Con- was important to include such a provi- 1993, and 1995. In this Congress, I have gress to Mother Teresa of Calcutta in rec- sion out of respect for principles of fed- been proud to work with Senator ognition of her outstanding and enduring eralism. COVERDELL to bring this bill to final contributions through humanitarian and These reforms can help create a sys- passage, and I greatly appreciate his charitable activities. tem in which plaintiffs sue only when leadership. There being no objection, the Senate they have good reason—and only those Specifically, our bill protects volun- proceeded to consider the bill. who are responsible for their dam- teers: First, who act within the scope Mr. D’AMATO. Mr. President, I rise ages—and in which only those who are of their responsibilities, second, who in order to urge the Senate to pass and responsible must pay. Such reforms are properly licensed or certified, send to the President, H.R. 1650, a bill will create an atmosphere in which our where necessary, and third, who do not to award Mother Teresa a Congres- fear of one another will be lessened, act in a willful, criminal or grossly sional Gold Medal. and our ability to join associations in negligent fashion. I would like to take this opportunity which we learn to care for one another The organizations whose volunteers to commend our colleague, the honor- will be significantly greater. will receive protection are both broad able Senator from Kansas, SAM BROWN- I thank my colleagues on both sides and worthy. Our bill not only covers BACK, for his tireless efforts to pass of the aisle for supporting this legisla- 501(c)(3) organizations, but it also cov- this legislation. Senator BROWNBACK tion, I look forward to continuing to ers volunteers of the organizations first introduced a Senate version of work to achieve broader legal reforms, which do good work, but do not have a this legislation, S. 689, earlier this and I hope that the President will dem- tax exemption under 501(c)(3). For ex- month with overwhelming bipartisan onstrate his support for voluntarism by ample, our bill covers volunteers of support and cosponsorship. signing the Volunteer Protection Act local charities, volunteer fire depart- That this legislation has moved into law. ments, little leagues, veterans groups, quickly and easily through both Mr. MCCONNELL. Mr. President, I trade associations, chambers of com- Houses of Congress is a testament not am proud tonight to see that we are merce, and other nonprofit entities only to Mother Teresa’s humanitarian one small step away from providing that exist for charitable, religious, edu- and charitable activities over a life- protections for one of our most cher- cational, and civic purposes. time, but also to Senator BROWNBACK’s ished resources—that is, the men and Finally, this bill is significant be- hard work and commitment to hon- women who serve as volunteers cause it provides a national solution oring this outstanding human being. throughout our communities. The Sen- for a national problem. Bob Goodwin, The Congressional Gold Medal is the ate is prepared to pass this bill tonight, president and CEO of The Points of highest honor Congress can bestow on and we anxiously await the President’s Light Foundation, testified recently someone for acts and dedication to a signature. that a national solution is necessary cause that exceeds even the highest

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00138 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4919 standards. This bill honors Mother Te- and passed, the motion to reconsider be cated while assigned to a position of impor- resa for her lifelong devotion to the laid on the table, and any statements tance and responsibility under title 10, sick and the needy in the most impov- be placed at the appropriate place in United States Code, section 601: erished areas of the world. It also rec- the RECORD. To be general ognizes her work to build and sustain The PRESIDING OFFICER. Without Lt. Gen. George T. Babbitt, Jr., 0000 the Missionaries of Charities in 25 objection, it is so ordered. The following-named officer for appoint- countries. Under her direction and fol- The bill (S. 430) was read the third ment in the U.S. Air Force to the grade indi- lowing her example of selflessness, over time and passed, as follows: cated while assigned to a position of impor- 3,000 members of the Missionaries of Be it enacted by the Senate and House of Rep- tance and responsibility under title 10, resentatives of the United States of America in United States Code, section 601: Charities stand ready to continue her Congress assembled, work. to be lieutenant general SECTION 1. PERMANENT TRUST FUNDS OF THE Maj. Gen. Tad J. Oelstrom, 0000 Mr. President, Mother Teresa has al- STATE OF NEW MEXICO. ready been awarded the Nobel Peace (a) SHORT TITLE.—This Act may be cited as The following-named officer for appoint- Prize and the Presidential Medal of the ‘‘New Mexico Statehood and Enabling ment in the U.S. Air Force to the grade indi- cated while assigned to a position of impor- Freedom. It is time for Congress itself Act Amendments of 1997’’. (b) INVESTMENT OF AND DISTRIBUTIONS tance and responsibility under title 10, to honor Mother Teresa and I commend FROM PERMANENT TRUST FUNDS.—The Act of United States Code, section 601: Senator BROWNBACK for initiating this June 20, 1910 (36 Stat. 557, chapter 310), is To be general legislation. I offer my personal thanks amended— Lt. Gen. Richard B. Myers, 0000 and congratulations to my colleague. (1) in the proviso in the second paragraph Mr. STEVENS. I ask unanimous con- of section 7, by striking ‘‘the income there- The following-named officer for appoint- from only to be used’’ and inserting ‘‘dis- ment in the U.S. Air Force to the grade indi- sent the bill be considered read for a cated while assigned to a position of impor- third time and passed, the motion to tributions from which shall be made in ac- cordance with the first paragraph of section tance and responsibility under title 10, reconsider be laid on the table and any 10 and shall be used’’; United States Code, section 601: statements related to this bill be (2) in section 9, by striking ‘‘the interest of To be general placed in the appropriate place in the which only shall be expended’’ and inserting Lt. Gen. Ralph E. Eberhart, 0000 RECORD. ‘‘distributions from which shall be made in accordance with the first paragraph of sec- The following-named officer for appoint- The PRESIDING OFFICER. Without ment in the U.S. Air Force to the grade indi- objection, it is so ordered. tion 10 and shall be expended’’; and (3) in the first paragraph of section 10, by cated while assigned to a position of impor- The bill (H.R. 1650) was read a third adding at the end the following: ‘‘The trust tance and responsibility under title 10, time and passed. funds, including all interest, dividends, other United States Code, section 601: f income, and appreciation in the market To be lieutenant general value of assets of the funds shall be pru- Maj. Gen. John B. Hall, Jr., 0000 AUTHORIZING THE 1997 SPECIAL dently invested on a total rate of return OLYMPICS TORCH RELAY basis. Distributions from the trust funds IN THE AIR FORCE Mr. STEVENS. I ask unanimous con- shall be made as provided in Article 12, Sec- The following-named officers for pro- sent the Senate proceed to consider- tion 7 of the Constitution of the State of motion in the Regular Air Force of the U.S. New Mexico.’’. to the grade indicated under title 10, United ation of House Concurrent Resolution (c) CONSENT OF CONGRESS.—Congress con- States Code, section 624: 67 which was received from the House. sents to the amendments to the Constitution To be brigadier general The PRESIDING OFFICER. The of the State of New Mexico proposed by Sen- Col. Gary A. Ambrose, 0000 clerk will report. ate Joint Resolution 2 of the 42nd Legisla- Col. Frank J. Anderson, Jr., 0000 ture of the State of New Mexico, Second Ses- The legislative clerk read as follows: Col. Thomas L. Baptiste, 0000 sion, 1996, entitled ‘‘ A Joint Resolution pro- A concurrent resolution (H. Con. Res. 67) Col. Barry W. Barksdale, 0000 posing amendments to Article 8, Section 10 authorizing the 1997 Special Olympics Torch Col. Leroy Barnidge, Jr., 0000 and Article 12, Sections 2, 4 and 7 of the Con- Relay to be run through the Capitol Col. Randall K. Bigum, 0000 stitution of New Mexico to protect the Grounds. Col. Richard B. Bundy, 0000 State’s permanent funds against inflation by Col. Sharla J. Cook, 0000 There being no objection, the Senate limiting distributions to a percentage of Col. Tommy F. Crawford, 0000 proceeded to consider the concurrent each fund’s market value and by modifying Col. Charles E. Croom, Jr., 0000 resolution. certain investment restrictions to allow op- Col. Richard W. Davis, 0000 timal diversification of investments’’, ap- Mr. STEVENS. I ask unanimous con- Col. Robert R. Dierker, 0000 proved by the voters of the State of New sent the resolution be agreed to, the Col. Jerry M. Drennen, 0000 Mexico on November 5, 1996. motion to reconsider be laid on the Col. Carol C. Elliot, 0000 table and any statements related to f Col. Paul W. Essex, 0000 the resolution appear at this point. EXECUTIVE CALENDAR Col. Michael N. Farage, 0000 The PRESIDING OFFICER. Without Col. Randall C. Gelwix, 0000 objection, it is so ordered. Col. James A. Hawkins, 0000 The concurrent resolution (H. Con. EXECUTIVE SESSION Col. Gary W. Heckman, 0000 Col. Hiram L. Jones, 0000 Res. 67) was agreed to. Mr. STEVENS. Mr. President, I ask Col. Joseph E. Kelley, 0000 f unanimous consent that the Senate im- Col. Christopher A. Kelly, 0000 mediately proceed to executive session Col. Jeffrey B. Kohler, 0000 NEW MEXICO STATEHOOD AND EN- to consider the following nominations Col. Edward L. LaFountaine, 0000 ABLING ACT AMENDMENTS OF on the executive calendar: Calendar Col. William J. Lake, 0000 1997 Nos. 76, 78 through 81, and 112. Col. Dan L. Locker, 0000 Mr. STEVENS. I ask unanimous con- I further ask unanimous consent that Col. Teddie M. McFarland, 0000 sent the Senate turn to immediate con- the nominations be confirmed, the mo- Col. Michael C. McMahan, 0000 sideration of Calendar 53, Senate bill Col. Duncan J. McNabb, 0000 tions to reconsider be laid on the table, Col. Richard A. Mentemeyer, 0000 430. and that any statements relating to Col. James W. Morehouse, 0000 The PRESIDING OFFICER. The the nominations appear in the RECORD Col. Paul D. Nielsen, 0000 clerk will report. at this point, that the President be im- Col. Thomas A. Oriordan, 0000 The legislative clerk read as follows: mediately notified of Senate’s action, Col. Bentley B. Rayburn, 0000 A bill (S. 430) to amend the Act of June 20, and that the Senate then return to leg- Col. Regner C. Rider, 0000 1910, to protect the permanent trust funds of islative session. Col. Gary L. Salisbury, 0000 the State of New Mexico from erosion due to The PRESIDING OFFICER. Without Col. Klaus O. Schafer, 0000 Col. Charles N. Simpson, 0000 inflation and modify the basis on which dis- objection, it is so ordered. tributions are made from those funds. Col. Andrew W. Smoak, 0000 The nominations were considered and Col. John M. Speigel, 0000 There being no objection, the Senate confirmed as follows: Col. Randall F. Starbuck, 0000 proceeded to consider the bill. IN THE AIR FORCE Col. Scott P. Van Cleef, 0000 Mr. STEVENS. I ask unanimous con- The following-named officer for appoint- Col. Glenn C. Waltman, 0000 sent the bill be read for the third time ment in the U.S. Air Force to the grade indi- Col. Craig P. Weston, 0000

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00139 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4920 CONGRESSIONAL RECORD — SENATE May 21, 1997 Col. Michael P. Wiedemer, 0000 The amendment is as follows: speeches of all types, and worked to en- Col. Michael W. Wooley, 0000 At the appropriate place, add the fol- sure that military people who serve in Col. Bruce A. Wright, 0000 lowing: Alaska are treated with respect as our f SEC. . SENSE OF THE SENATE ON SOCIAL SECU- neighbors and constituents. LEGISLATIVE SESSION RITY AND RETIREMENT SAVING. Barb, can on request, put a file in my (a) FINDINGS.—The Senate finds that— hand that is sometimes decades old. The PRESIDING OFFICER. Under (1) Payroll taxes provide the basic funding source for Social Security, the most popular She can always locate them. the previous order the Senate will re- She’s been the institutional memory turn to legislative session. and successful government program in reduc- ing the rate of poverty among the elderly; for the young Alaskans who come to f (2) For a majority of Americans, the pay- work with us, fresh out of school. ORDERS FOR THURSDAY, MAY 22, roll tax burden imposed for Social Security And, after they’ve served on the Sen- 1997 is now greater than the income tax burden, ate payroll and move on, they come making it difficult for many families to in- Mr. STEVENS. Mr. President, I ask back to see Barb. vest for their own retirement; My grandmother always told me, unanimous consent that when the Sen- (3) Payroll taxes collected for Social Secu- ‘‘Just remember, dynamite comes in ate completes its business today it rity currently exceed the amount necessary small packages.’’ stand in adjournment until the hour of to fund Social Security benefits; That’s Barb. 9:30 a.m. on Thursday, May 22. I further (4) Excess Social Security revenues finance current consumption rater than being saved She knows when to use her Nor- ask unanimous consent that on Thurs- and invested for the benefit of today’s em- wegian stubbornness or her Alaskan day, immediately following the prayer, ployees, denying them an opportunity to toughness to get a job done. the routine requests through the morn- share in the benefits of the increasing value She also knows how to set me ing hour be granted, and the Senate of capital in a global economy; straight, and has done it many times. then immediately resume consider- (5) Increased personal savings is necessary Many a morning Barb has risen long ation of Senate Concurrent Resolution to provide secure retirements and enhance before dawn, or many a dark night, 27, the first concurrent budget resolu- future productivity and economic growth; (b) SENSE OF THE SENATE.—It is the sense well after others in Anchorage have tion. of the Senate that the provisions of this Res- gone to bed, she has traveled to Elmen- The PRESIDING OFFICER. Without olution assume that— dorf Air Force Base to greet, in my objection, it is so ordered. (1) The Senate will consider using the name, dignitaries whose planes are f amounts currently reserved for tax cuts for the individuals to use a portion of their So- making a brief stopover. PROGRAM cial Security payroll tax contribution for She gives our visitors an Alaskan gift Mr. STEVENS. For the information personal retirement accounts. package—some smoked salmon, crack- of all Senators, at 9:30 a.m. tomorrow Mr. STEVENS. Mr. President, was ers, and candy. And every time after- morning the Senate will resume con- this cleared with the Budget Com- ward, the visitors say, ‘‘Remember me sideration of the budget resolution mittee to make it eligible this to Barb.’’ She’s met my planes every hour of with Senator MOSELEY-BRAUN being evening? It is being filed, but it quali- the day and night when I come home. recognized to conclude debate on her fies now under the budget resolution. I And she’s made sure I made my amendment. There is one hour total for have no objection if that is the case. flights back to Washington, DC, no debate. Therefore, a rollcall is expected Mr. ROBB. Yes, Mr. President, that is matter how tight the time frame, pos- at approximately 10:30, or somewhere the case. sibly testing the speed limits along the between 10:30 and 11 a.m., on Thursday I yield the floor. way, but always getting me there. in relation to the Moseley-Braun f One year I came home 36 times. She amendment. TRIBUTE TO BARBARA ANDREWS- met me every time but one. When I got In addition, a number of amendments MEE there that night, having left the Sen- still remain to the budget resolution. ate at 4 p.m., battled traffic and got Therefore, Senators should expect Mr. STEVENS. Mr. President, we are the 5:30 plane and arrived in Anchorage votes throughout the day and into the fortunate when our working associates about 11:30 p.m., there was no one night in order to complete action on are knowledgeable, efficient, respon- there. the budget resolution. sible and willing to go the extra mile. But none of those attributes mean I waited, then called Barb. ‘‘What’s f much over the long haul until you add up?’’ I said to my sleepy friend. CONCURRENT RESOLUTION ON loyalty to the mix. ‘‘What’s my schedule?’’ THE BUDGET For half of my life—and two-thirds of ‘‘You aren’t here, chief,’’ Barb said. hers—Barbara Andrews-Mee has been ‘‘I won’t tell anyone you’re here if you The Senate continued with the con- ″ sideration of the concurrent resolution. my boss—as a lawyer, a member of our won’t tell anyone I’m not there! Mr. ROBB addressed the Chair. state legislature and as a U.S. Senator. I went fishing and then went back to The PRESIDING OFFICER. The Sen- Her talents are many. But, when I’ve DC. We’ve shared much more than a ator from Virginia. been asked, ‘‘What is Barb’s best char- working relationship through the Mr. ROBB. I ask unanimous consent acteristic?’’ I say, ‘‘loyalty.’’ years, Mr. President. Barb’s friendship that I be allowed to file an amendment That means more to me than any of has meant much to me and my family. at the desk. the help she’s given me and the people In our worst days, when I lost my The PRESIDING OFFICER. Without of Alaska over more than three dec- wife Ann who was Barb’s good friend, objection, it is so ordered. ades: work above and beyond the call of duty. Barb did everything possible to ease AMENDMENT NO. 356 Through our 36 years of working to- our pain, despite her own sense of loss. (Purpose: To express the Sense of the Senate gether, Barb has solved problems for Barb’s quick with the quip, and usu- on Social Security and retirement saving) countless Alaskans. ally has a great joke to share when it Mr. ROBB. I send an amendment to She’s been to hundreds—maybe even looks like our spirits are low. the desk. thousands—of meetings of civic and Along with her job, and her sons, her The PRESIDING OFFICER. The community groups to keep her finger daughter-in-law, and grandchildren, clerk will report. on the pulse, to help keep me informed. and her husband, Vince, Barb has an- The legislative clerk read as follows: A tireless supporter of our military other special love. The Senator from Virginia [Mr. ROBB] pro- men and women, she has attended cere- It’s golf. poses an amendment numbered 356. monies on bases and posts, on sub- The snow has hardly disappeared Mr. ROBB. Mr. President, I ask unan- marines and on her own ship, the from our Alaska golf courses before imous consent that reading of the U.S.S. Zephyr, a PC8 coastal patrol Barb is on the links. amendment be dispensed with. craft, which she christened. With Vince, she packs up her clubs The PRESIDING OFFICER. Without Barb has watched parades and air and heads for sunny climes whenever objection, it is so ordered. shows and presentations of colors and there’s an opportunity.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00140 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4921 Like everything else she’s worked on, On why she never ran for office herself: of why we are in a position to consider Barb continues to perfect her golf ‘‘Oh, no, my skin is too think. Like the fel- such a budget agreement. We are here game. low who goes to a football game and when because Democrats made very tough We may not see her on the L.P.G.A. they go into a huddle, he thinks they’re choices in 1993. In 1993, we were in the talking about him?’’ circuit, but she’s going to give those On the fancy new computer she has at majority and we had the burden of other lady golfers a run for their home: ‘‘We’ve got the whole thing. Don’t get coming up with a budget resolution. money. off at Chicago if you’re going to New York.’’ We made a series of decisions, includ- Mr. President, it’s impossible to sum On her plans for retirement: ‘‘My god, I am ing the need to move toward a balanced up 36 years of association in one small my mother. You know how you just become budget and to do it as quickly as pos- tribute. your parents? My mother was a holy terror sible. And as a result of that agree- Mike Doogan, a columnist for the 89 when she died and still dying her hair red. ment, the deficit has been reduced and Anchorage Daily News, in a farewell I’m not going to sit home and watch soaps.’’ reduced dramatically. I remind my col- Instead, she said, she’s going to play golf— column about Barb’s years with us, she’s still trying to break 100—serve on the leagues that in 1992 the deficit was $290 quoted her as saying, ‘‘It’s been a great Defense Advisory Commission on Women in billion. This year CBO is now telling us ride.’’ the Services, and do volunteer work. the deficit will be $67 billion, a 77 per- You bet it has. ‘‘It’s payback time,’’ she said, ‘‘my coun- cent reduction. But more than all of her other great try and my state and my community.’’ If we look at the deficit in a different attributes, Barb’s loyalty has sus- Andrews-Mee went to work for Stevens way, as a percentage of the size of our tained me, comforted me, inspired me, when he was just another lawyer with polit- economy, we can see that the deficit and helped me to overcome tough situ- ical ambitions. He was first elected to the has also declined even more dramati- state Legislature in 1962, before there was cally. In this case, we look at the def- ations. the oil money to pay legislative staff. She may not be coming into my An- ‘‘In those days, Ted would find somebody icit in terms of a percentage of our chorage office every day, anymore. She going to Anchorage and give them three, gross domestic product, or the size of may be soaking up sunshine at her Ari- four Dictaphone belts, and I’d type them up our national economy, and we can see zona getaway, or on a Hawaiian Island and send them back,’’ she said. ‘‘And that’s that we have gone from a deficit of just or a Florida Key. how we did legislative mail.’’ under 5 percent to a deficit of just But no matter where Barb is, she Stevens’ political success since then owes a under 1 percent. knows she can count on me to be her lot to Andrews-Mee. His office has a long- These reductions in the deficit took friend for all time. standing reputation for solving constituents’ pressure off interest rates and kicked problems, whether or not the constituent is There is no way to thank Barb, Mr. a Stevens supporter. off four years of strong economic President. The words ‘‘Thank you’’ are ‘‘When somebody tells me, ‘I voted for growth. The results are that the United too small to convey the depth and Ted,’ I say, ‘‘That great, but we represent ev- States economy has created 12 million breadth and length of the gratitude I erybody,’’ she said. new jobs since that 1993 budget deal. have for all of the wonderful years That attitude is a big part of the reason so We are the biggest job generator in the Barb Andrews-Mee has shared with me, many Democrats enter the voting booth industrialized world. with my family, and with Alaskans. every six years and quietly cast a ballot for But the good news doesn’t end there. We’ll miss our day-to-day contact, the Republican. One way or another, An- Not only have we seen tremendous job drews-Mee has made her boss a lot of friends. generation in the United States and but we’ll always know we have a loyal So it seems appropriate, out of respect for friend. the job she’s done, to let Andrews-Mee say strong economic growth, but we have Thank you, Mr. President. she’s been happy to do that for Stevens, to also seen remarkable results in terms I ask to have printed in the RECORD let her sneak in one last plug for her boss. of inflation. As you can see, inflation is Mike Doogan’s Anchorage Daily News ‘‘He’s done a great job.’’ she said. ‘‘Why now at its lowest level in 31 years. In- column of Sunday, May 18. else would I stay with somebody for 35 flation is now dramatically reduced in The column follows: years.’’ this country—we have an inflation rate [From the Anchorage Daily News, May 18, f of under three percent. Unemployment has similarly seen a dramatic decline. 1997] ORDER FOR ADJOURNMENT ANDREWS-MEE LEAVES’EM LAUGHING, AND Unemployment is at its lowest level in GRATEFUL AFTER 35 YEARS Mr. STEVENS. Mr. President, I ask 24 years. This chart shows what has (By Mike Doogan) unanimous consent that the Senate happened to the unemployment rate. It stand in adjournment following the re- You have to say this for Barbara An- indicates that we have got the lowest drews—Mee: She’s no quitter. She’s worked marks of the Senator from North Da- level since 1973; again dramatic eco- for the same fellow for 35 years. kota. nomic results in part because of that ‘‘I have been with Ted Stevens longer than The PRESIDING OFFICER. Without 1993 budget agreement. That 1993 budg- I have been with three husbands,’’ she said objection, it is so ordered. et agreement cut spending, and also last week with a characteristic laugh. ‘‘It’s The Senator from North Dakota. raised income taxes on the wealthiest been a great ride.’’ f one percent in this country. The ride end this month, when Andrews- Our friends on the other side of the Mee retires as manager of U.S. Sen. Ted Ste- CONCURRENT RESOLUTION ON aisle said if we passed that agreement vens’ Anchorage office. THE BUDGET Resplendent in a red plaid blazer, Andrews- it would increase unemployment, it Mee sat in Stevens’ big office in the federal Mr. CONRAD. I thank the Chair. I es- would increase the deficit, and it would building and talked about her time with pecially thank the Chair for his cour- crater the economy. They were wrong. Alaska’s senator-for-life. Her own office, tesy of remaining behind to listen as I That economic plan has worked and next door, was stacked with files she’s trying present my remarks on the budget worked remarkably well. Not only have to clean out. Her desk, which once belonged agreement. I apologize to him because we seen terrific results in terms of un- to Stevens’ predecessor, Bob Bartlett, was a I have been seeking to do this as we employment and inflation, look at jumble of notes and letters. Propped atop a have gone through the afternoon and filing cabinet was a big, black-and-white what has happened to real business photo of a younger Stevens, looking like his evening. But other business intervened, fixed investment. Real business fixed dog had just died, with a hand-lettered cap- and it was in the best interest of the investment has been growing at an an- tion that read: Whoever said it would be body that we allow those amendments nual rate of 9 percent for the last four easy? to be taken up and considered. But I do years. Maybe it hasn’t all been easy, but for An- appreciate the Chair’s indulgence. You can see that since the 1993 agree- drews-Mee it seems to have been fun. The Mr. President, as a Member of the Fi- ment real business fixed investment woman is a pistol. Here’s just a sample: nance and Budget Committees, I rise to has taken off. Not only do we see good On her height (she’s 5 feet tall): ‘‘I tell peo- support the budget agreement. I be- results there—let’s look at the misery ple used to be 6-foot-2, and then I went to work for Stevens.’’ lieve it is a modest step—I want to em- index—we used to talk a lot about the On her age (she’s 59): ‘‘Jeez, that’s hell, phasize ‘‘modest’’—step in the right di- misery index. That is the combined when you to have to admit your kid’s going rection. Before I discuss its provisions rate of unemployment and inflation. to turn 40.’’ I would like to remind my colleagues The misery index is now at its lowest

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00141 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S4922 CONGRESSIONAL RECORD — SENATE May 21, 1997 level since 1968. That is the lowest level It is remarkable to me that our col- revenue adjustment of $45 billion a in almost 30 years. leagues report to the American people year may be credible for the first few Mr. President, incomes are going up, that this is a balanced budget agree- years, but its credibility from the and poverty is going down. ment and the press reports it when the years 1999 to 2007 is unclear. This chart speaks to some of the document that we are considering here, In addition, the balanced budget fis- really remarkable economic results the budget resolution, shows clearly cal dividend assumes lower interest that we have gotten ever since the 1993 the budget is not balanced in 2002. rates will result from balancing the budget agreement. At that time we put There is almost a $109 billion deficit. budget with a credible deficit reduction in place a new economic plan. Since The other thing that troubles me is, plan. The problem is that is not what that time we have seen median house- if you look at the budget line, as I indi- most people are considering in this hold income up the largest increase in cated, the deficit was $290 billion, and country. There is very little debate a decade. We have seen the largest de- the unified deficit in 1992 has come about whether interest rates are going cline in income inequality in 27 years. down to $67 billion this year, but for to be reduced. The question is whether We see nearly 2 million fewer people in the next three years the deficit is going interest rates are going to be in- poverty, the largest drop in the pov- to be higher than it is this year. creased. erty rate in this country in 27 years. Here we are in the midst of great eco- Mr. President, ultimately each of us The poverty rate for the elderly is at nomic times and under this budget must decide if this plan is worthy of 10.5 percent, its lowest level ever, and agreement the deficit is going up. How support. we’ve seen the biggest drop in child do we justify that? It makes no sense. In deciding how to vote on this pack- poverty in 20 years. Those are remark- In good economic times, we ought to be age, a key question for me was whether able economic results by any standard. steadily reducing the deficit. We or not passage of this package was bet- Mr. President, I wanted to put in shouldn’t let the deficit go up. But that ter policy than doing nothing at all. I some context what the 1993 budget is what this budget agreement does. believe it is a fairly close call. agreement meant in terms of deficit re- And then, of course, on a unified Despite all of its shortcomings, the duction compared to the agreement basis they say it is balanced. Unified 1997 budget deal does contain some that we are working on now. I think it means they are counting all of the good policies, including about $200 bil- tells quite a story. trust funds. Of course, that is the prob- lion of net deficit reduction. From 1998 This chart shows the 1997 budget lem. We should not count the Social on, the deficit declines steadily as a agreement was possible only with the Security trust funds. No company percentage of gross domestic product. 1993 deficit savings. The purple area would be able to do that. No company Unfortunately, it ought to be declining from this year on, not starting only in shows the savings from the 1993 deficit would be able to take the retirement 1998. reduction package and the economic funds of its employees and throw them In addition, debt subject to limit— growth that it made possible. The 1993 into the pot and call it a balanced and this is the final chart I will show— budget agreement reduced the deficit budget. But that is what we are doing debt subject to limit as a percentage of from 1994 to 2002 by $2 trillion. The sav- here. GDP also declines from about 68 per- I say to the President and those who ings in the 1997 package during that pe- cent in 1998 to 66 percent by the year might be listening, that is a mistake. riod will be $200 billion, or one-tenth as 2002. Federal debt subject to limit de- We ought not to be counting these much. clines from 1997 to 2002. Finally, the in- Mr. President, the only reason we are trust fund surpluses. This is really not credible growth of the debt has been able to have an agreement like the one a balanced budget. No company could stopped. It was stopped largely because that is before us is because of what was claim it. If they did, they would be in of the 1993 budget agreement, but this done in 1993. violation of Federal law, and they budget package will continue to hold But when I look at the 1997 agree- would be headed for a Federal institu- down the growth of the debt, and that ment I largely see a missed oppor- tion, but it would not be the United is critically important to our economic tunity. Eighty percent of the American States Congress. They would be headed future. people in the polls say they don’t be- to Federal jail. And yet we blithely Finally, the plan protects discre- lieve this new agreement is going to call this a balanced budget. tionary investments for programs like balance the budget. I regret to say that Of most concern to me is that budget education and transportation, provides 80 percent of the American people are negotiators failed to correct the up- health insurance for 5 million insured right. This agreement does not balance ward bias that currently exists in the children and helps people move from the budget. Consumer Price Index. As the occupant welfare to work. The plan also pre- Unfortunately, as this chart shows, if of the Chair knows, we use the Con- serves the solvency of the Medicare you go out to the year 2002, what you sumer Price Index to adjust for the Part A Trust Fund through the year find is not a zero deficit but a $109 bil- change in the cost of living in our rev- 2007. And the plan includes targeted lion deficit. The reason for that dif- enue system and in all of our spending tax relief for working Americans. The ference is, of course, that the only way programs. That is an appropriate thing education tax cuts in the package will they are able to claim balance as a re- to do. It is appropriate to adjust for the help provide educational opportunity, sult of this agreement is that they are cost of living, but the overwhelming and reform of the estate tax which has counting all of the Social Security scientific evidence is that we are over- been unchanged for 10 years will help trust fund surpluses. adjusting. farm families and small business own- That is not a balanced budget. That In fact, the Senate Finance Com- ers keep their businesses and their is not a balanced budget by our own mittee appointed a bipartisan commis- farming operations. rules. If you look in the concurrent res- sion that was headed by Michael Finally, let me say, even though I olution, the document that is before Boskin, who was the head of the eco- favor a far more ambitious deficit re- us, and you turn to the page that re- nomic advisers in the Bush administra- duction package, I view this agreement ports what the deficit will be in the tion. The Boskin Commission came as a step in the right direction. I will year 2002, what you find is not a zero. back to us and said the overstatement support this budget agreement and What you find on page 4—I direct my is about 1 percent a year. One percent work to improve it throughout the colleagues to this page. I think it does not sound like much but over time budget process this year. might be a revelation to those who are it makes a big difference. A 1 percent Mr. President, I thank the indulgence saying that this is a balanced budget overstatement in the Consumer Price of the Chair and yield the floor. agreement. If this is a balanced budget Index means $1 trillion in debt of the f agreement, why does it say on page 4 United States over the next 12 years. that the deficit in fiscal year 2002 is That is a mistake we should not allow ADJOURNMENT UNTIL 9:30 A.M. $108.7 billion? Why does it say that? to continue. TOMORROW Why does it say there is a deficit if the I also am concerned that some of the The PRESIDING OFFICER. Under budget is balanced? Of course, the an- economic assumptions in this plan are the previous order, the Senate is ad- swer is the budget is not balanced. also highly suspect. CBO’s last minute journed.

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00142 Fmt 0624 Sfmt 0634 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — SENATE S4923 Thereupon, at 10:50 p.m., the Senate To be general COL. RICHARD W. DAVIS, 0000 COL. ROBERT R. DIERKER, 0000 adjourned until Thursday, May 22, 1997, LT. GEN. RICHARD B. MYERS, 0000 COL. JERRY M. DRENNEN, 0000 COL. CAROL C. ELLIOT, 0000 at 9:30 a.m. THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT COL. PAUL W. ESSEX, 0000 IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE COL. MICHAEL N. FARAGE, 0000 f ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- COL. RANDAL C. GELWIX, 0000 SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- COL. JAMES A. HAWKINS, 0000 TION 601: CONFIRMATIONS COL. GARY W. HECKMAN, 0000 To be general COL. HIRAM L. JONES, 0000 Executive nominations confirmed by COL. JOSEPH E. KELLEY, 0000 LT. GEN. RALPH E. EBERHART, 0000 the Senate May 21, 1997: COL. CHRISTOPHER A. KELLY, 0000 COL. JEFFREY B. KOHLER, 0000 IN THE AIR FORCE THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE COL. EDWARD L. LA FOUNTAINE, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- COL. WILLIAM J. LAKE, 0000 IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- COL. DAN L. LOCKER, 0000 ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- TION 601: COL. TEDDIE M. MC FARLAND, 0000 COL. MICHAEL C. MC MAHAN, 0000 SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- To be lieutenant general TION 601: COL. DUNCAN J. MC NABB, 0000 MAJ. GEN. JOHN B. HALL, JR., 0000 COL. RICHARD A. MENTEMEYER, 0000 To be general COL. JAMES W. MOREHOUSE, 0000 THE FOLLOWING-NAMED OFFICERS FOR PROMOTION IN COL. PAUL D. NIELSEN, 0000 LT. GEN. GEORGE T. BABBITT, JR., 0000 THE REGULAR AIR FORCE OF THE UNITED STATES TO COL. THOMAS A. O RIORDAN, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT THE GRADE INDICATED UNDER THE TITLE 10, UNITED COL. BENTLEY B. RAYBURN, 0000 IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE STATES CODE, SECTION 624: COL. REGNER C. RIDER, 0000 ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- To be brigadier general COL. GARY L. SALISBURY, 0000 SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- COL. KLAUS O. SCHAFER, 0000 TION 601: COL. GARY A. AMBROSE, 0000 COL. CHARLES N. SIMPSON, 0000 COL. FRANK J. ANDERSON, JR., 0000 COL. ANDREW W. SMOAK, 0000 To be lieutenant general COL. THOMAS L. BAPTISTE, 0000 COL. JOHN M. SPEIGEL, 0000 COL. RANDALL F. STARBUCK, 0000 MAJ. GEN. TAD J. OELSTROM, 0000 COL. BARRY W. BARKSDALE, 0000 COL. LEROY BARNIDGE, JR., 0000 COL. SCOTT P. VAN CLEEF, 0000 THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT COL. RANDALL K. BIGUM, 0000 COL. GLENN C. WALTMAN, 0000 IN THE U.S. AIR FORCE TO THE GRADE INDICATED WHILE COL. RICHARD B. BUNDY, 0000 COL. CRAIG P. WESTON, 0000 ASSIGNED TO A POSITION OF IMPORTANCE AND RESPON- COL. SHARLA J. COOK, 0000 COL. MICHAEL P. WIEDEMER, 0000 SIBILITY UNDER TITLE 10, UNITED STATES CODE, SEC- COL. TOMMY F. CRAWFORD, 0000 COL. MICHAEL W. WOOLEY, 0000 TION 601: COL. CHARLES E. CROOM, JR., 0000 COL. BRUCE A. WRIGHT, 0000

VerDate Mar 15 2010 22:19 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00143 Fmt 0624 Sfmt 9801 E:\1997SENATE\S21MY7.REC S21MY7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E991 EXTENSIONS OF REMARKS

A TRIBUTE TO ARCWORK OF IN HONOR OF DR. AARON E. treatment was evident in his commitment to FRESNO, FRESNO, CA HENRY securing Job Corps and Head Start Programs for Mississippians. He believed in the need for HON. BENNIE G. THOMPSON Job Corps' existence and in the young people HON. GEORGE P. RADANOVICH OF MISSISSIPPI it would serve. He worked with former Gov. OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Cliff Finch to bring the first Job Corps Center IN THE HOUSE OF REPRESENTATIVES Tuesday, May 20, 1997 in Mississippi located in Crystal Springs, MS. Mr. THOMPSON. Mr. Speaker, Dr. Aaron E. Dr. Henry recognized that the benefits of the Tuesday, May 20, 1997 Henry, a fellow Mississippian, and civil rights program would mean job opportunities for the State's poor and underserved young people. Mr. RADANOVICH. Mr. Speaker, I rise pioneer died Monday morning, May 19, 1997, He not only was a pioneer in the State for Job today to pay tribute to ArcWork of Fresno. In of complications resulting from a stroke, fol- partnership with the Fresno Chamber of Com- lowing a 5-month illness. Dr. Henry was a Corps and Head Start, but for many programs mentor, a humanitarian, a scholar, and a great merce, ArcWork employs people with devel- that impacted the quality of life for all Mis- human being. I would like to share with you sissippians. opmental disabilities at jobs which enhance the following information about the life of a In a fitting tribute to his years as a civil the business environment and the community. man who helped to forge the shape of society The ArcWork project was the vision of Larry in this country for all African-Americans. rights leader, Dr. Henry was elected by the Willey, vice president of marketing for the Dr. Henry was born in Clarksdale, MS, July citizens of District 26 in Coahoma County to Fresno Chamber of Commerce. Mr. Willey 2, 1921, to the late Joseph and Elizabeth the Mississippi House of Representatives in was aware that one of the priorities of Fresno Henry Jackson. He was the youngest of five 1979 and reelected in 1983 and 1987. He was Mayor Jim Patterson was to keep Fresno children. His natural parents died when he an active member of the Mississippi Legisla- Clean and Green. In response, it was pro- was very young and his formative years were tive Black Caucus. posed that individual businesses and the Fres- spent under the nurturing support of his mater- Dr. Henry has served on the board of direc- nal uncle and aunt, Edd Henry and Mattie no Chamber of Commerce could sponsor var- tor of a number of organizations including the Logan Henry. He was an active member of ious areas and pay ArcWork employees to Haven United Methodist Church, serving as national NAACP where he served as vice keep them clean. lay leader, and a member of the United Meth- president and as a member of its executive Since then, the concept of community and odist Men. committee; chairman of the National Caucus corporate involvement to take care of the He attended public schools on Coahoma for the Black Aged since 1972; member of the cities beautification has expanded greatly. County, graduating from Coahoma Agricultural Federal Council on Aging since 1977; the Parks were recently added to the list for the High School. He entered the U.S. Army as a Southern Christian Leadership Conference; beautification process, and various city agen- private in 1943 and was honorably discharged the Southern Regional Council and the Mis- cies and groups have become involved in the as a Staff Sergeant in 1946. Following his dis- sissippi Council on Human Relations. Dr. program. The collaboration of resources has charge, Dr. Henry attended Xavier University Henry was chairman of the board and primary in New Orleans. After receiving a degree in been so effective, the city of Fresno has been stockholder in Civic Communications Corp., pharmacy in 1950, he returned to Clarksdale able to redirect its workers to more demanding the holding company for WLBT±TV±3, Inc., and opened the Fourth Street Drug Store. His projects. The result: ArcWork crews are now career as a civil rights activist began soon the minority-owned NBC affiliate in Jackson, capable of picking up an increasing number of thereafter. MS; KLTV in Tyler, TX; KTRE in Lufkin, TX; general city tasks. On June 11, 1950, he married the lovely and WLBM in Meridian, MS. He was chairman The advent of the ArcWork program has Noelle Celestine Michael of Jackson. To this of the board of directors for MINACT, Inc., a been a win-win for everyone involved. Busi- union one daughter, Rebecca Elizabeth, was management and training firm in Jackson op- nesses have found the services to be cost ef- born. erating Job Corps centers throughout the Na- fective, helping to create a cleaner environ- In 1953, Dr. Henry organized the Coahoma tion. County Branch of the NAACP and served as ment throughout Fresno. ArcWork also has al- His commitment to community, educational the State NAACP president from 1960 until lowed business to gain recognition for the 1993. He worked with all five of the field direc- and civic issues propelled him into the fore- positive contributions made to the program. tors of the Mississippi State Conference of the front of the , Elks, Masons, Municipalities have benefited by the increased NAACP, including the late Medger Evers. In Veterans of Foreign Wars, and Omega Psi Phi partnerships that have been forged between an effort to assure equal representation for all Fraternity. He was recognized for his out- the Fresno Chamber of Commerce and the Mississippians, he chaired the Mississippi standing academic achievements through hon- business community, helping to create em- Freedom Democratic Party that successfully orary degrees from Tougaloo College, Rust ployment opportunities for the developmentally challenged the established State Democratic College, Mary Holmes College, Prentiss Insti- disabled. Most importantly, though, are the Party during the 1968 Democratic Convention tute, Queens College, and . benefits that the ArcWork program has given in Atlantic City, NJ. This effort led to the cre- Professionally, he was recognized by the to those with developmental disabilities who ation of the integrated Democratic Party in American Pharmaceutical Association with the want to work and increase their self-suffi- Mississippi. Dr. Henry participated in the Free- Hubert H. Humphrey Award. ciency. dom Rider Movement and in the Mississippi Freedom Summer's nonviolent campaigns of Dr. Henry lived an active and committed life. Mr. Speaker, I admire the success of the public protest which led to the eventual pas- He leaves to cherish memory a daughter, Re- ArcWork program. Working together, the city sage of the Public Accommodations sections becca Elizabeth of Clarksdale; grandsons, of Fresno, the Fresno Chamber of Commerce, of the . Aaron and Demon of Clarksdale; a sister, private organizations, and local businesses On the national level, Dr. Henry was instru- Thelma Henry Johnson of St. Louis, MO, and have found a beneficial way to solve some of mental in securing congressional support for the challenges facing our city in a positive and many supporters of justice and equality passage of the Office of Economic Opportunity throughout this Nation. effective manner. I ask my colleagues to join Act. Several programs, including Head Start me in paying tribute to ArcWork, a program and Job Corps, grew out of this act to provide that serves as a model of local grassroots in- services to improve the quality of life for all volvement throughout the Nation. citizens. Dr. Henry's quest for equality and fair

∑ 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. E992 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 OVERSEAS PRIVATE INVESTMENT (b) TERMINATION OF AUTHORITY.—Para- TRIBUTE TO RANKIN FIELD, CORPORATION AMENDMENTS graph (3) of section 235(a) of the Foreign As- TULARE, CA ACT OF 1997, H.R. 1681 sistance Act of 1961 (22 U.S.C. 2195(a)(3)) is amended— (1) by redesignating such paragraph as HON. GEORGE P. RADANOVICH HON. BENJAMIN A. GILMAN paragraph (2); and OF CALIFORNIA OF NEW YORK (2) by striking ‘‘1997 ’’ and inserting ‘‘2000 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES ’’. Tuesday, May 20, 1997 Tuesday, May 20, 1997 Mr. RADANOVICH. Mr. Speaker, I rise Mr. GILMAN. Mr. Speaker, together with the f today, to pay tribute to the planners and par- ranking minority member, Representative LEE ticipants from Sequoia and Rankin Fields. INTRODUCTION OF THE SAFE HAMILTON, I am introducing, by request, the These two airfields will be celebrating their BRIDGES RECONSTRUCTION AND administration's bill, the Overseas Private In- first reunion on Saturday, May 31, 1997. RESTORATION ACT OF 1997 vestment Corporation Amendments Act of Over 50 years ago, Tulare County opened 1997 H.R. 1681, extending the authority of its doors to train USAAF pilots. This reunion OPIC through the year 2000. HON. JO ANN EMERSON event is designed to honor those pilots who Since it began operations in 1971, the Over- did not make it home from World War II, and OF MISSOURI seas Private Investment Corporation [OPIC], to pay tribute to two distinguished soldiers, has mobilized private sector resources to as- IN THE HOUSE OF REPRESENTATIVES Maj. Richard Bong and Maj. Daniel Lindsay. sist developing countries and emerging de- Tuesday, May 20, 1997 Both gentlemen received their flight training at mocracies in the transition from nonmarket to Rankin Field more than 50 years ago. Later, market economies. In an era of declining Mrs. EMERSON. Mr. Speaker, this year the two went on to fight for victory during budgetary resources, OPIC has consistently Congress will take up the reauthorization of World War II. They each received the Con- demonstrated an ability to operate on a self- the ISTEA law to ensure that the critical infra- gressional Medal of Honor for their distinguish sustaining basis to support United States com- structure needs of our Nation are met as we military service. panies in emerging economies in Africa, the strive toward a more efficient safe, and pro- Rankin Field was founded by flight instructor newly independent states of the former Soviet ductive transportation network. To that effect, ``Tex'' Rankin, a native of the State of Texas. Union and in Latin America and the Carib- I am introducing legislation that will expand Rankin opened his field during World War II. bean. the bridge discretionary program and I would At the time, the Government contracted out OPIC has also played an important role in allow States and local communities to receive private airfields, making them responsible for reinforcing U.S. foreign policy goals and in sufficient funds for high cost bridges that are training soldiers entering military service dur- strengthening our economy by creating jobs in dire need of replacement. ing World War II. More than 40 years after and promoting exports. OPIC programs have According to the U.S. Department of Trans- Rankin's death, the contributions that he made served to rectify market failures, including lim- portation, in 1995, 25 percent of the Nation's to the growth of the Tulare and Visalia com- ited market information in developing countries interstate bridges were classified as deficient. munities are still felt today. and underdeveloped capital markets, by insur- Twenty eight (28) percent of the 130,000 The celebration at Rankin Field is a cul- ing U.S. firms against economic and market bridges on all other arterial systems in the na- mination of work done by former cadets and uncertainties. tion were deficient as well. instructors, Sequoia Field, the Tulare County Over the past 25 years, projects supported In fiscal year 1994±96 States requested Historical Society, and the Costa Mesa Histori- by OPIC have generated more than $52 billion $1.28 billion in discretionary funds for 65 dif- cal Society. Former cadets from all over the in U.S. exports and created more than ferent bridges. Currently, ISTEA funds the State of California joined forces with the 225,000 jobs. OPIC has been run on a sound bridge discretionary program at $69 million a Tulare County Deputy Sheriff's Association, an financial basis with reserves totaling approxi- year and there is tremendous need for a organization that recently purchased a portion mately $2.7 billion and with earnings reaching greatly expanded program. My legislation of the original Rankin Field site. The associa- a record $209 million in 1996. In the process, would authorize $800 million to be used out of tion commenced work on the headquarters it has maintained a claims recovery rate of 98 our transportation funds in the new highway and recreation facility that would be named percent, settling close to 260 insurance claims bill for these bridges. ``Rankin Field, home of Tulare County Deputy for $519 million and recovering all but $11 mil- In the 1970's and 1980's, the Federal high- Sheriffs Association.'' The association plans to lion. create an exhibit devoted to the World War II All the 26 members of the Organization of way program has a large discretionary compo- nent that met the needs of replacing aging USAAF pilot training program at Rankin Field. Economic Cooperation and Development Mr. Speaker, I am proud to have constitu- [OECD] have agencies similar to OPIC: the bridges and reconstructing early segments of the interstate system. However, in the last two ents in my district who have taken the initiative United States needs to compete with these to restore Rankin Field in its full glory. I ask and other countries that subsidize their export- surface transportation acts, these programs were severely cut back. Prior to ISTEA, the my colleagues to join me in wishing those or- ers. ganizers of the reunion best wishes for a suc- Accordingly, I urge my colleagues to support bridge discretionary program was funded at cessful and enjoyable celebration. the reauthorization of this small but efficient the $200 to $225 million level annually. ISTEA f agency. dramatically scaled back the funding, and the H.R. 1681 state of the nation's bridges has continued to TRIBUTE TO MAJOR GENERAL Be it enacted by the Senate and House of Rep- deteriorate. ALBERT C. HARVEY, USMCR resentatives of the United States of America in An expanded bridge discretionary program Congress assembled, would allow your State to compete for bridge HON. HAROLD E. FORD, JR. SECTION 1. SHORT TITLE. funds each year. It would permit these OF TENNESSEE This Act may be cited as the ‘‘Overseas projects to move ahead faster and receive IN THE HOUSE OF REPRESENTATIVES Private Investment Corporation Amend- more money rather than relying on a State's ments Act of 1997’’. regular apportionment or scarce demonstration Tuesday, May 20, 1997 SEC. 2. ISSUING AUTHORITY. project funds. Once these bridge projects re- Mr. FORD. Mr. Speaker, I rise today to (a) MAXIMUM CONTINGENT LIABILITY.— Sec- tion 235(a) of the Foreign Assistance Act of ceive their initial funding, they go to the top of honor a great patriot and fearless soldier, Maj. 1961 (22 U.S.C. 2195(a)) is amended by striking the list to receive funds in the future years, if Gen. Albert C. Harvey, USMCR. General Har- paragraph (1) and all that follows through needed. vey, a Tennessean, retired from the Marine the end of subparagraph (A) of paragraph (2) The Nation benefits from a strong Federal Corps on May 10, 1997, after a 40-year career and inserting the following: transportation system. We must allow the Fed- that spanned the height of the cold war in ‘‘(1) INSURANCE AND FINANCING.—(A) The eral Government to have the flexibility to fund 1962 to the new national security challenges maximum contingent liability outstanding at any one time pursuant to insurance issued a State's extraordinary bridge needs in any of the 1990's. By having his retirement cere- under section 234(a). and the amount of fi- given year. This legislation would provide the mony at historic Chalmette National Battlefield, nancial issued under sections 234(b) and (c), funding and flexibility to meet this pressing he honored an important historic connection to shall not exceed in the aggregate need to help rebuild our high-traffic bridges another great Tennessean, Gen. Andrew $32,000,000,000.’’. that are in very poor condition nationwide. Jackson. At the Battle of New Orleans at May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E993 Chalmette, General Jackson brought together THE SCHOOL-BASED CHILDREN’S vey, more than half of uninsured children with a courageous group of fighting men from three HEALTH INSURANCE ACT OF 1997 asthma never saw the doctor during the year different States as well as a detachment of of the survey. One in three uninsured children U.S. Marines and U.S. Army dragoons. This HON. FORTNEY PETE STARK with recurring ear infections likewise will never forerunner of the Total Force resulted in vic- OF CALIFORNIA see the doctor. Many of these asthmatic chil- tory for the United States at the Battle of New IN THE HOUSE OF REPRESENTATIVES dren are hospitalized with problems that could have been prevented. Many children with un- Orleans. Today, the Total Force concept is the Wednesday, May 21, 1997 treated, recurring ear infections suffer perma- cornerstone of the Marine Corps. Mr. STARK. Mr. Speaker, I am pleased to nent hearing loss. General Harvey reached a pinnacle of his introduce the School-based Children's Health With the recent attack on welfare, the num- military career as commander of the 4th Ma- Insurance Act of 1997. ber of uninsured children may get disastrously rine DivisionÐthe ground combat arm of the Health insurance equals access to health worse . . . fast. Adding fuel to this fire, a re- Marine Corps. As commander of the 4th Ma- care. Access to health care equals better cent report published by the American Hos- health and a better quality of life. It is that sim- rine Division, General Harvey lead over pital Association indicates that the number of ple, and it should be that simple for all kids. individuals without health insurance will in- 18,000 Marines in 38 States. In July 1995, I have sponsored several bills this Congress General Harvey was the first General Officer crease to nearly 46 million by the year 2002. that address the need for health insurance for This projected growth is attributed to a decline in the Marine Corps Reserve to be nominated uninsured children in low-income families. This in the level of employer-provided health insur- and selected for a position on a Joint Staff. He bill is modeled, in part, after the nationally rec- ance. served as the Vice Director of Operations Di- ognized, award winning Florida school-based Can the school-based concept work to in- Healthy Kids Program. The bill combines this rectorate (J±3), U.S. Atlantic Command, Nor- sure more children? Yes. This bill is modeled effective school-based approach with a sliding folk, VA. He was activated for Operation Joint after the Florida Healthy Kids Corporation, a scale tax credit so that all parents of children EndeavorÐBosniaÐin the summer and fall of school enrollment-based insurance program can buy affordable health insurance through 1996 and served as director of the European that currently provides broad coverage to their own school system. Theater Command Center, which included Op- thousands of previously uninsured children. It This bill provides up to a 90-percent tax was recently named a winner of the 1996 In- eration Desert StrikeÐNorthern Iraq. credit for low-income families plus an effective novations in American Government Award by Prior to this, General Harvey rose through distribution system for actually getting private both the Ford Foundation and the John F. the ranks of the Marine Corps, commanding market health insurance products to the 10 Kennedy School of Government at Harvard million children that are not currently covered. units at every level of the military organization University. In presenting the award, consid- Each Member of Congress was elected to during both peacetime and war. He began ac- ered to be among the Nation's most pres- make laws that make sense. This bill makes tive duty in 1961, served on the USS Ranger tigious public prizes, the president of the Ford sense. It realistically reaches all of the 10 mil- (CVA±61) in the western Pacific, including Foundation, Susan V. Berresford, character- lion uninsured kids in America * * * quickly Vietnam. He rejoined his reserve unit, the 6th ized Florida Healthy Kids as ``one example of and efficiently. The school-based approach effective government producing extraordinary Engineer Company, after earning a law de- provides low cost but comprehensive health results. They are helping to restore faith in gree from the University of Tennessee College insurance for millions of children without new government's ability to solve tough problems.'' of Law. He commanded the 3d Battalion, 23d bureaucracies or hassles. Schools are the nat- Marines in New Orleans and served as Chief ural grouping mechanism to lower the cost of The concept for the Florida program is sim- of Staff of the 2d Marine Expeditionary Bri- insurance for children, similar to the role large ple. Most American children attend school. gade. In 1988, after returning yet again to ac- employers play in providing group coverage to School systems can be used as a mechanism for creating large groups of people to cover tive duty, General Harvey assumed command their employees. It is more affordable and participants the way large businesses do. Cov- of the 25th Marine Regiment, a significant as- more portable than coverage through an em- ployer. erage is offered to families with children en- signment because it was the first time in ap- rolled or residing in the school district and proximately 20 years that a member of the Are uninsured kids a problem in every com- munity? Yes. According to the U.S. Census benefits are designed for the individual child. Marine Corps Reserve Force was selected to Bureau, fully 30 percent of all children are un- This is identical to employment-based insur- command a regiment. insured for at least a month during the year. ance, except the school children become, in In addition to his military service, General In addition, 10 million kids under the age of effect, employees qualifying themselves for Harvey is a committed family man and partici- 18Ðor one in seven childrenÐare uninsured coverage. A group composed of school chil- dren is large enough to provide an insurance pant in civic and community affairs. He has year round, without a single day's health cov- benefit and premium package that is a good fit served in leadership positions with the Kiwanis erage. for families. Since premiums can still be be- Club, Phoenix Club, Goodwill Boys Club, the Who are these kids that have no health in- surance? Studies indicate that there are 10 yond the reach of some lower income families, YMCA, and many other community organiza- million children that currently do not have the coverage is subsidized on a sliding scale tions. health insurance for at least 1 year. That's based on income. General Harvey has distinguished himself about 14 percent of all children. One-third of In Florida, the school district plays a signifi- as a civil and criminal litigator as a partner these uninsured children have families below cant and varied role that schools, nationwide, with the Memphis law firm Thomason, the poverty line, and another one-third have could follow. The district serves as the center Hendrix, Harvey, Johnson & Mitchell. He is a families between 100 and 200 percent of the of community focus, fostering relationships be- member of the Board of Governors of the poverty level. Almost 15 percent are from fam- tween the school programs, local community leaders, and area business groups. It distrib- American Bar Association, the Memphis Bar ilies above 300 percent of the poverty line, utes enrollment materials and verifies student Association, and the Tennessee Bar Associa- and most parents of uninsured children are also uninsured, 85 percent. However, 60 per- eligibility, contributing significantly to adminis- tion. cent of uninsured children have at least one trative efficiencies. School staff, especially General Harvey exemplifies the ideal of citi- parent working full time. In addition, almost 50 school nurses and teachers, help identify and zen-soldier. He has made great sacrifices and percent of these family heads work for small put the program in touch with potential partici- contributions by defending the Nation. And let firms with fewer than 25 employees. pants. Mailing labels have been provided by us not forget the contribution and sacrifices A month or a year without health insurance schools to assist with marketing efforts. made by General Harvey's family, his wife is long enough to suffer serious harm for a Schools have also allowed the use of dial-up systems which automatically call a student's Nancy, and his two daughters Anne and Eliza- child. According to the 1987 National Medical Expenditure Survey, the most recent com- family with a prerecorded health care mes- beth. I ask my colleagues to join me in honor- prehensive national survey of health care ex- sage. ing my constituent and friend, a brave soldier penditures, and use, uninsured children are al- Is quality health care for children too expen- and an accomplished attorney, Maj. Gen. Al- most twice as likely not to be seen for health sive? No. When the Florida program evaluated bert C. Harvey for his service to our great Na- problems that expert physicians say should the predicted frequency with which children tion. ``always or virtually always come to medical utilize the offered benefits, they found that attention.'' For example, according to this sur- those services which typically drive up the E994 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 cost of employer-based plans were not fre- children under 19 years of age; provides a RECOGNIZING THOMAS ERWIN EL- quently used by school-age children. By in- comprehensive benefit package; has at least EMENTARY SCHOOL, WINNER OF cluding these benefits, the program has en- a $1,000,000 lifetime benefit; has no cost-shar- CALIFORNIA’S DISTINGUISHED ing for covered preventive care; does not im- SCHOOL AWARD abled families to gain a greater peace of mind pose any pre-existing condition exclusions; with little effect on the program costs. Other charges premiums that are consistent with state programs have attempted to control the premium section of this bill; and does HON. ESTEBAN EDWARD TORRES claims costs by reducing coverage for pre- not discriminate against any individual. OF CALIFORNIA existing conditions, inpatient, mental health, A program will not be eligible as a quali- IN THE HOUSE OF REPRESENTATIVES and transplant services or by raising copay- fied program if there is established a pattern ments or deductibles. The Florida program of abuse or misrepresentation of this insur- Wednesday, May 21, 1997 has found that these additional health benefits ance Mr. TORRES. Mr. Speaker, I rise today to can be included with little impact on the pre- Medicaid-eligible children do not qualify give special recognition to Thomas Erwin Ele- mium when a thoughtful package with reason- for this insurance since they are already cov- mentary School, in La Puente, CA, which was able, affordable copayments is crafted. In fact, ered recently recognized as one of California's Dis- with 5 years of use pattern supporting data, II. Benefit Package tinguished Schools. the Florida program has been able to nego- The benefit package is comprehensive and Erwin Elementary is a school of 820 kinder- tiate three premium reductions. includes well-baby and well-child care, im- garten through 8th grade students, 90 percent Florida has found that children with insur- munizations, physicians services, laboratory of whom are Latino, and is the first school in ance are more likely to have a health care tests, inpatient and outpatient hospital the Bassett Unified School District to receive home and therefore receive care before an ill- costs, emergency services and transpor- this distinction. To achieve a Distinguished ness becomes serious, reducing overall health tation, prescription drugs, eye exams and School Award it takes the dedication of an en- eyeglasses, hearing exams and hearing aids, care costs by one fourth. Preventive care is basic dental care, physical therapy, mental tire community of students, parents, faculty, crucial to the overall well-being and develop- health services and pre-natal care and deliv- staff, and administration. The coalescing of the ment of a child. Recent studies have shown ery. Erwin community has been led by its dynamic that for every $1 spent on immunizations such If the parent objects to any of these serv- leader, Principal Jose Reynoso, faculty and as measles, mumps, and rubella, $21 is saved ices based on religious or moral conviction, staff, along with the strong support of the in health care and related costs. they will not be provided. A religious organi- members of the Board of Education and Su- A child's health has a direct impact on their zation operating a school-based program will perintendent Linda Gonzalez. performance in school. Children who attend not be required to provide any of these serv- On a recent visit to Erwin, I was impressed school while sick are not mentally or physically ices if it is opposed by their religious beliefs. by the school's state-of-the-art computer lab, prepared to meet the challenges of learning. III. Tax Credit its outstanding Gifted and Talented Education This becomes much worse for a child who Each taxpayer who purchases a school- Program [GATE], which challenges students to cannot afford to see a doctor and suffers based health insurance policy for their de- reach their highest potential, and especially for through a disease until it gets better on its pendent receives a tax credit for an amount Erwin's unique outdoor science pond, which own, or until an illness becomes too serious up to 90% of the premium to buy health in- was developed in a partnership with the Jet for home-based treatments. This results in surance for a qualifying dependent. Propulsion Laboratories. This outdoor science less productivity in the classroom and more The credit is available to taxpayers based pond is the envy of many schools in the com- days absent from school for the child. In fact, on a computation of adjusted gross income munity. The focal point of this ecosystem plus an additional $5,000 amount for each project is the pupil-made pond surrounded the average school-age child misses 4 days of child covered. school a year due to illness. And uninsured with flora and fawna indigenous to the area. There is a full tax credit provided at the children are 25 percent more likely to miss adjusted gross income of up to $15,000 plus Another notable project is Erwin's bilingual school than those who have insurance. $5,000 per child covered by the health insur- education program, which gives over 500 lim- Independent studies of the Florida program ance policy. The ‘‘$15,000’’ figure represents ited-English-speaking students a strong aca- have shown that the program is not only bene- approximately 200 percent of poverty for an demic foundation in their native language, and ficial to the children, but to the community as individual under the age of 65. transitions them into an English instructional well. Florida hospitals report a 30-percent drop For example, a family with adjusted gross program. There is a tutorial program which uti- in pediatric charity care. Emergency room vis- income of $25,000 and two qualifying children lizes ``at risk'' upper grade students as tutors its have been shown to decline by 70 percent. would receive a refundable tax credit of up to for lower grade students, allowing both to de- Program savings like this have saved Florida 90% of the family’s cost for coverage of the velop an appreciation of each other, and helps two children. $13,125,000 in health care costs in just one foster self esteem and academic growth. year. As a family’s income rises and the need for These programs, along with a strong aca- a subsidy is less critical, the credit phases The first pilot project for Florida Healthy out. demic emphasis, provide Erwin students with Kids was launched with the assistance of a The credit is available only to subsidize an excellent foundation for future success. A demonstration grant authorized by Congress qualified school-based coverage for children. strong parent involvement program that en- in 1989 and administered by the Health Care Establishment of premiums: the program courages parents to visit the school and be- Financing Administration [HCFA]. This crucial will provide a minimum contribution of 20% come partners in the educational process of experiment may never have moved from the to the premium before a fully subsidized students is in place and also ensures the stu- drawing board without Federal interest and as- child’s premium is calculated. The subsidy dent successes. sistance. This bill would recognize the full po- amount phases out to 10% on a sliding scale Mr. Speaker, I ask my colleagues to join me tential that was originally hoped for by Con- for partially subsidized children. in honoring Thomas Erwin Elementary School, gress for this tremendously successful pro- IV. Other Provisions one of California's Distinguished Schools, for gram. There is coordination with other tax provi- its commitment to providing its students with It's just that simple. sions subsidizing health costs to disallow the the highest quality educational experience I welcome cosponsors for the bill, and com- credit in instances where the taxpayer also possible. Erwin Elementary serves as truly a ments and suggestions from the public on claims a medical expense for the same pre- model school. ways to improve the bill. mium cost or claims a deduction for health f The following is a summary of the bill: insurance costs of self-employed individuals. Grants to states for school-based health in- FEDERAL LANDS TRANSPOR- SCHOOL-BASED CHILDREN’S HEALTH surance outreach and information programs TATION IMPROVEMENT ACT INSURANCE ACT OF 1997 would be established. SUMMARY An employer may not discriminate against HON. JOHN R. THUNE I. School-based Health Insurance Program employees eligible for this health insurance A qualified school-based program is oper- subsidy. The employer may not condition or OF SOUTH DAKOTA ated by a local or state public school system vary employee benefit contributions because IN THE HOUSE OF REPRESENTATIVES or any public or private non profit organiza- an employee is eligible for this program sub- Wednesday, May 21, 1997 tion operating a private school. Qualified sidy. An employer is still free to cease or re- school-based health insurance coverage is duce employer contributions for health in- Mr. THUNE. Mr. Speaker, I rise today to in- coverage that: Is offered by a qualified surance coverage as long as it applies to all troduce a bill that recognizes a unique trans- school-based program; is available to all its employees. portation need for many States. That need is May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E995 created by a dominating presence of Federal lands. In other words, the presence of an inor- family, and no hope. And she witnesses to the lands, whether those lands be national parks, dinate amount of Federal lands creates more well-off around the world who grow compla- national forests, Indian trust lands, or other of a burden than it reaps in benefits. cent in their wealth and would sacrifice the un- Federal holdings. Representing a State that has a significant born in pursuit of material gain. While these lands are located in our States, Federal lands presence has its own unique Because of all Mother Teresa stands for, they serve national interests and national pri- challenges when it comes to transportation in- and not in spite of it, I cannot support the orities. Despite that fact, States often are frastructure. This bill would improve the re- awarding of this congressional gold medal. As obliged to serve those lands with roads funded sponsiveness of the Federal Government to I stated on a similar occasion earlier in this either through the State's Federal allocation or meet the transportation needs on Federal session, the $30,000 authorized for this medal from State tax dollars. The fact is these lands. is more than the average annual income of my landsÐthough importantÐare largely unpro- I have submitted a chart to be printed in the constituents. I can only guess how many times ductive in economic terms and make it difficult RECORD following my remarks that outlines more it is than the lifetime incomes of those to support the infrastructure. which States would qualify under this legisla- Mother Teresa so diligently serves. To ensure national interests are served, tion as well as the level of funding for which The American people may rightly wonder there must be a mechanism in place that al- each State could qualify. how their Congress can approve such extrava- lows States to maintain transportation infra- I thank my colleagues, Representatives gance on the same day it debates the first bal- structure to and across Federal lands. My of Alaska, HILL of Montana, and CUBIN anced budget in three decades. These same would do this. of Wyoming for joining me as original cospon- Americans can and do pay their own tributes As my colleagues are aware, the present sors of this bill. I hope other Members will join to Mother Teresa and other humanitarians surface transportation program authorized them in their support of this legislation. through voluntary contributions to charities of under the Intermodal Surface Transportation their choice. Efficiency Act provides funding for roads serv- COOPERATIVE FEDERAL LANDS TRANSPORTATION While the awarding of this medal springs ing Federal lands. However the funding is con- PROGRAM from nothing but the best of motives on the fined to certain roads maintained by the Fed- Est. Funds Provided to Secretary of Transportation To Be Utilized On Projects part of my colleagues, I suggest that a more eral Government. Some examples include In- in States That Have Significant Federal Land Holdings Descending Order Distribution appropriate tribute would be to support her dian reservations roads, public lands high- daily work. For my part, I will honor her with ways, and parkways and park highways. By Total a contribution to her organization, Missionaries no means does the current program support State land of Charity. many of the important transportation links that Total dis- owned or tribution Estimated dis- Mr. Speaker, no words can adequately ex- serve Federal lands. held in State trust by (sect. tribution (sect. press our admiration for and appreciation of The Federal Lands Transportation Improve- 206) 101(5)(B)) Federal (percent) Mother Teresa and her work. The only fitting ment Act would establish a new category of Govern- ment tribute lies not in a gold medal, but rather in funding within the existing Federal Lands (percent) our own hearts and deeds. Highway Program. The program, to be known Nevada ...... 92.77 7.50 $37,500,000 f as the Cooperative Federal Lands Program, Arizona ...... 71.94 7.50 37,500,000 would complement existing programs for in- Utah ...... 68.55 7.50 37,500,000 HAPPY 50TH ANNIVERSARY TO Alaska ...... 66.55 7.50 37,500,000 vestments in Federal holdings. The bill would Idaho ...... 63.74 7.41 37,034,743 JERRY AND ROSA DICKSON authorize $200 million for this program. This Oregon ...... 61.20 7.11 35,557,673 Wyoming ...... 52.79 6.13 30,671,114 amount, combined with present funding levels California ...... 47.39 5.51 27,536,041 HON. JERRY F. COSTELLO for existing Federal lands programs, would in- New Mexico ...... 43.33 5.03 25,172,713 Colorado ...... 37.45 4.35 21,755,842 OF ILLINOIS crease the overall Federal Lands Highway Montana ...... 33.45 3.89 19,433,113 IN THE HOUSE OF REPRESENTATIVES Program's effort to a level roughly propor- Washington ...... 32.68 3.80 18,986,531 Dist. of Columbia ...... 24.24 2.82 14,085,782 Tuesday, May 20, 1997 tionate to the overall program increases that Delaware ...... 19.09 2.22 11,090,356 have been discussed in the Transportation Hawaii ...... 16.76 1.95 9,738,069 Mr. COSTELLO. Mr. Speaker, I rise today in South Dakota ...... 15.93 1.85 9,255,826 and Infrastructure Committee. Under this pro- Minnesota ...... 15.75 1.83 9,153,717 recognition of Alfred (Jerry) and Rosa posal, funding for the important needs in the New Jersey ...... 13.26 1.54 7,703,270 Dickson's 50th wedding anniversary on June New Hampshire ...... 13.22 1.54 7,680,985 current Federal Lands Highway Program Michigan ...... 12.97 1.51 7,538,281 7. would be maintained while making room for Virginia ...... 11.85 1.38 6,884,715 Jerry and Rosa met at the St. Aloysius Wisconsin ...... 9.54 1.11 5,540,516 the previously mentioned critical need. Arkansas ...... 8.73 1.01 5,071,024 Church carnival in Chicago in 1943. Jerry The criteria establishing qualification is sim- Maryland ...... 8.39 0.97 4,873,581 served in the U.S. Navy and was stationed on Florida ...... 8.06 0.94 4,682,675 ple. States that have at least 4.5 percent of North Carolina ...... 7.98 0.93 4,633,560 the S.S. Gablian during World War II. His their total land area owned or held in trust by Vermont ...... 7.28 0.85 4,231,503 service in the Navy ended in 1946 and Jerry West Virginia ...... 7.09 0.82 4,118,025 the Federal Government would qualify for a North Dakota ...... 6.08 0.71 3,529,762 and Rosa were married on June 7, 1947. portion of these funds. These States then Tennessee ...... 5.85 0.68 3,399,695 Jerry is retired after 40 years of service in Missouri ...... 4.76 0.55 2,768,253 would be eligible to apply to the Secretary of Mississippi ...... 4.55 0.53 2,644,933 the food industry in Chicago and Rosa is a the Department of Transportation to receive Oklahoma ...... 4.50 0.52 2,615,275 homemaker. The couple raised 7 children and funding for specific project needs. Once appli- Georgia ...... 4.50 0.52 2,612,425 have 13 grandchildren. I join with their family cations have been filed, projects would be Total (34) ...... 100.00 500,000,000 today in wishing them a wonderful celebration funded in qualifying States in proportion to the Source: GSA ‘‘Summary Report of Real Property Owned by the United and many more happy and productive years percentage of the State which is Federal States Throughout the World As of September 30, 1994’’ August 1996 together. lands. The approval of the Secretary would f f help ensure the projects serve Federal lands, and are separate and apart from the other AUTHORIZING PRESIDENT TO WEST GLENS FALLS, NY FIRE CO. needs the State may have. AWARD CONGRESSIONAL GOLD NO. 1 CELEBRATES 50TH ANNI- Serving Federal lands should be a shared MEDAL TO MOTHER TERESA VERSARY responsibility. As the Federal Government holds lands in the public interest, there comes SPEECH OF HON. GERALD B.H. SOLOMON the responsibility to provide the public ade- HON. OF NEW YORK quate access to, across, and from those OF KANSAS IN THE HOUSE OF REPRESENTATIVES lands. States do enjoy some benefits from IN THE HOUSE OF REPRESENTATIVES public areas. However, the ability of States to Wednesday, May 21, 1997 generate tax revenue within those areas is Tuesday, May 20, 1997 Mr. SOLOMON. Mr. Speaker, I have always limited. A modest reserve of Federal lands Mr. SNOWBARGER. Mr. Speaker, Mother been partial to the charm and character of may provide few problems and some tax-gen- Teresa is one of the great figures of our time. small towns and small town people. That's erating opportunities. However, expansive Her love and compassion are extended alike why I travel home to my congressional district Federal lands do not provide proportional en- to rich and poor, sick and healthy, young and every weekend, to see the picturesque towns hancement. States then suffer from the dimin- old. She ministers to the least fortunate who and scenery that marks the 22d district of New ishing marginal utility of additional Federal might otherwise have no home, no food, no York. And my hometown of Queensbury and E996 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 the Glens Falls community are certainly near STATEMENT OF THE AMERICAN MEDICAL WOM- damental departure from ``business-as-usual'' and dear to my heart. EN’S ASSOCIATION ON ABORTION LEGISLATION human rights policy. The traits which make me most fond of such IN THE 105TH CONGRESS The persecution of people of faith is the communities is the undeniable camaraderie ALEXANDRIA, VA.—The American Medical great untold human rights story of the decade. which exists among neighbors. Looking out for Women’s Association, ‘‘is committed to pro- With the end of the cold war came freedom for one another and the needs of the community tecting the reproductive rights of American millions living under Communism in the former make such places great places to live and women and has opposed any legislative inter- vention for medical and or surgical care de- Soviet Union, Central Eastern Europe. During raise a family. This concept of community cisions,’’ says current AMWA President those years, many people of all faiths worked service is exemplified by the devoted service Debra R. Judelson, MD. This week, AMWA together with the Jewish community on behalf of the West Glens Falls Fire Co. No. 1. For 50 reiterated its opposition to H.R. 1122 and S. of those suffering persecution at the hands of years now, this organization has provided criti- 6, which seek to ban a particular medical the Communist dictators. The Jewish commu- cal services for the citizens on a volunteer procedure. nity led the fight and the Christians, though basis. As a former volunteer fireman myself, I It is the opinion of AMWA’s Executive sometimes late, raised their voices and de- understand, and appreciate, the commitment Committee that legislative efforts to regu- manded justice for their faithful. But, with the required to perform such vital public duties. late abortion have been flawed. Concerns in the following areas have prevented AMWA dawn of freedom came a feeling that the prob- It has become all too seldom that you see from taking a position on recent legislative lem had been solved. fellow citizens put themselves in harms way efforts focusing on abortion in the 105th Con- Sadly, it has not. Millions of people of all for the sake of another. While almost all things gress. faiths live in daily fear of secret police, vigilan- have changed over the years, thankfully for AMWA is gravely concerned with govern- tes, state repression, or discrimination. the residents of my hometown, the members mental attempts to legislate medical deci- Religious persecutionÐand especially the of West Glens Falls Fire Co. No. 1 continue to sionmaking through measures that do not persecution of ChristiansÐdid not dissipate selflessly perform their duty without remiss. I protect a woman’s physical and mental with the cold war. It has persisted and acceler- can't say enough about the countless lives health, including future fertility, or fail to ated. It has gotten worse while the world and consider other pertinent issues, such as fetal and millions of dollars in property they have abnormalities. Physicians and their patients the United States have turned their efforts saved by doing so over the course of their 50- base their decisions on the best available in- elsewhere. A few groups have tried to keep year history. formation at the time, often in emergency the flame flickering. I am grateful for their work That's why I am so glad to have this oppor- situations. AMWA strongly opposes govern- and efforts to document this problem. My tunity to pay tribute to them today. And for that mental efforts to interfere with physician- thanks go out to the Catholic Church, Nina matter, the residents of their community will patient autonomy. Shea with the Puebla Program of Freedom have the opportunity to show their apprecia- It is irresponsible to legislate a particular House; Michael Horowitz with the Hudson In- tion at a parade marking this momentous oc- test of viability without recognition that vi- stitute; John Eigner and all those at Christian ability cannot always be reliably deter- casion this Sunday, June 1, 1997. Solidarity International; Steven Snyder with Mr. Speaker, I have always been one to mined. Length of gestation is not the sole measure of viability because fetal dating is International Christian Concern; John Hanford judge people by how much they give back to an inexact science. and with Senator LUGAR and his associates; their community. On that scale, the members AMWA resolutely opposes the levying of Voice of the Martyrs; Open Doors; Diane of this fire company, both past and present, civil and criminal penalties for care provided Knippers with the Institute for Religious and are truly great Americans. I am proud of this in the best interest of the patient. AMWA Democracy; Paul Marshall, author of ``Their organization because it typifies the spirit of strongly supports the principle that medical Blood Cries Out''; and many, many others. In care decisions be left to the judgment of a volunteerism which has been such a central the House, individuals like CHRIS SMITH, TONY woman and her physician without fear of part of American life. We would all do well to HALL, TOM LANTOS, and NANCY PELOSI and emulate the service of the men and women civil action or criminal prosecution. Any forthcoming legislation will be care- others have long been champions of religious who comprise Fire Co. No. 1 in West Glens fully reviewed by AMWA based on the cri- freedom. Falls. To that end, it is with a sense of pride, teria outlined above, and AMWA will seek to But generally the world has been deaf. U.S. Mr. Speaker, that I ask all Members to join me ensure that there is no further erosion of the policy does not reflect an understanding of the in paying tribute to them on the occasion of constitutionally protected rights guaranteed seriousness and intensity of this human trag- their 50th anniversary. by Roe v. Wade. Says AMWA President Debra edy. We have turned away while 1.5 millionÐ f R. Judelson, MD, ‘‘AMWA firmly believes Christians and MuslimsÐhave been killed in that physicians, not the President or Con- AMERICAN MEDICAL WOMEN’S AS- gress, should determine appropriate medical Sudan. Millions of house church Christians in SOCIATION OPPOSES LATE TERM options. We cannot and will not support any China are forced to risk their lives and their ABORTION BAN measures that seek to undermine the ability freedom to worship in secret to keep their faith of physicians to make medical decisions.’’ independent of government control. Christians AMWA has long supported a woman’s right in Pakistan are having a difficult time and so HON. JANE HARMAN to determine whether to continue or termi- are the Coptic Christians in . Tibetan OF CALIFORNIA nate her pregnancy without government re- Buddhists have seen their holy places de- IN THE HOUSE OF REPRESENTATIVES strictions placed on her physician’s medical stroyed and their religious leaders imprisoned, Wednesday, May 21, 1997 judgment and without spousal or parental interference. tortured, raped and beaten. Bahai's are exe- Ms. HARMAN. Mr. Speaker, considerable Founded in 1915, the American Medical cuted in Iran. Muslims in Sudan are suffering. press attention has been devoted to the Amer- Women’s Association represents more than We cannot be silent any longer. When we ican Medical Association's shift in position and 10,000 women physicians and medical stu- come to the defense of the ``least of these,'' endorsement of the late term abortion ban dents and is dedicated to furthering the pro- those who are persecuted for their religious voted on by the Senate today. fessional and personal development of its beliefs, we raise the comfort level for all who In my view, no less attention should be de- members and promoting women’s health. are persecuted by dictators. When we speak voted to the statement of the American Medi- f for Christians, we also speak for Muslims. cal Women's Association, which has reiterated When we speak for Jews, we also speak for its strong opposition to any legislation inter- INTRODUCTION OF THE FREEDOM Bahai's. We are speaking for all of whatever vening in medical and surgical care decisions. FROM RELIGIOUS PERSECUTION belief. My good friend, Dr. Debra Judelson, presi- ACT This legislation tracks the resolutions and dent of AMWA and a resident of California, bill language passed in the 104th Congress has repeatedly pointed out that it is irrespon- HON. FRANK R. WOLF and calling for action. The American Christian sible for the Government to interfere legisla- OF VIRGINIA community has recognized these facts and tively with physician-patient autonomy. Physi- IN THE HOUSE OF REPRESENTATIVES begun calling for action on behalf of the mil- cians, not the President or Congress, should lions of Christians who are being persecuted Wednesday, May 21, 1997 determine appropriate medical options, par- on account of their beliefs. It has joined forces ticularly with respect to a woman's constitu- Mr. WOLF. Mr. Speaker, today I am intro- with the Tibetan community and others to urge tionally protected right to choose. ducing the Freedom From Religious Persecu- the United States to do more, to speak out in Mr. Speaker, I recommend my colleagues tion Act. This bill, which will be introduced in defense of the ``least of these.'' heed the strong statement of the American an identical format in the Senate, is bipartisan The United States must take a new ap- Medical Women's Association. and will represent, what I hope will be a fun- proach to this growing problemÐan approach May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E997 that says we will no longer be silent when re- and the many others who have helped us craft by foreign troops. Although the world has dra- gimes terrorize or allow terror against its reli- this bill. Their efforts and input are greatly ap- matically changed for the better during this gious believers. preciated. decade, Cyprus remains as a pressing inter- The bill does a number of things: f national problem. Indeed Cyprus has almost It focuses on persecutionÐabduction, en- become a codeword for intractability in the slavement, imprisonment, killing, forced mass HONORING THE WHITTIER HOST realm of diplomacy. resettlement, rape, or torture. LIONS CLUB IN RECOGNITION OF I have been encouraged, nevertheless, by It establishes an Office in the White House 75 YEARS OF OUTSTANDING AND recent statements from high level officials of to monitor religious persecution and requires INVALUABLE SERVICE TO THE the Clinton administration, including the Presi- the Director to report to Congress on whether COMMUNITY dent himself, that indicate that there may be a country has category 1 persecutionÐgov- new willingness on the part of our Government ernment involvementÐor category 2 persecu- HON. ESTEBAN EDWARD TORRES to exert its leadership in promoting a solution tionÐno government involvement but lack of OF CALIFORNIA to the Cyprus problem. I strongly believe that government action to stem persecution. We IN THE HOUSE OF REPRESENTATIVES our Government should invest some of our ask that the Director look at persecution of Ti- prestige in such an effort, because Americans Wednesday, May 21, 1997 betans, Bahai's, and ChristiansÐthe three have always supported justice, and because groups which were the focus of resolutionsÐ Mr. TORRES. Mr. Speaker, I rise to recog- we have significant interests that can be af- but encourage the Director to examine perse- nize the men and women of the Whittier Host fected by instability in Cyprus. cution of vulnerable communities whenever it Lions Club on the occasion of its 75th anniver- Over the past year there have been a num- occurs. sary. On Saturday, May 31, 1997, the Whittier ber of events and incidents that have in- It shuts off aid to category 1 and 2 countries Host Lions Club will have a special ceremony creased tensions in Cyprus and in the eastern and requires U.S. executive directors to vote in honor of this momentous occasion. Mediterranean region. There is a disturbing against multilateral development banks against Sponsored by the Santa Ana Lions Club, trend of increased militarization of the island, loans to persecuting countries. the Whittier Host Lions Club was chartered on already one of the most highly militarized parts It improves refugee and asylum procedures May 27, 1922. It is part of the International As- of the globe. There are, however, also positive to ensure those seeking refuge from persecu- sociation of Lions Clubs, known throughout developments that could act to catalyze a tion are not turned away from a country which the world for its humanitarian service, fellow- peaceful and just solution. One of these is the has historically welcomes religious victims. ship, and organizational leadership. The pri- pending negotiation on Cyprus' accession to Finally, and I want to emphasize this point, mary focus of this organization is service to the European Union that may begin by the the bill imposes immediate and tough sanc- the local community and to those in need end of the year. There has been increased tions on the Government of Sudan until it throughout the world. Each year, Lions Clubs diplomatic activity in Europe and in the U.N. to ceases all religious persecution. The sanctions provide goods and services to thousands of bring the two sides together. prescribed in this bill are virtually identical to people around the globe. The resolution I introduced last week points those imposed on South Africa in the anti- The Lions Club International began in June out the interests and developments regarding apartheid act of the 1980's such as ban on 1917, founded by a Chicago insurance agent, the Cyprus situation and urges the President flights, ban on investment, and a ban on im- Melvin Jones. He presented to a group of to keep his pledge to give increased attention ports. Though its difficult to quantify human small business clubs his proposal of consoli- to Cyprus. I am pleased to be joined by a suffering, after having traveled to Sudan three dating their small clubs into a strong influential group of distinguished cosponsors including times since 1989, I can say with some experi- club. Its goal would be to serve the community Mr. HAMILTON, Mr. BILIRAKIS, Mr. PORTER, Mr. ence that the persecution occurring there is and humanity. At the first annual convention in ENGEL, and Ms. MALONEY, that have shared some of the worst I've ever seen. Slavery, October 1917, 23 clubs participated. Today, an interest in Cyprus and the concern over forcible conversion, the use of food as a there are more than 40,000 Lions Clubs. what may arise from a continued stalemate on weapon, torture, kidnapping of children. It's The Whittier Host Lions Club has adhered the island. It is our hope that this resolution time the United States singled this country out to the international motto of service with dis- will help spur the resolve of the Clinton admin- as an example of one of the most egregious tinction. Its members have provided countless istration to indeed make 1997 the Year of Cy- violators of human rights in the world. hours of service to the community. Through prus. Mr. Speaker, I request that a full text of This bill is not intended as a panacea. The the efforts of its members, the Whittier Host House Concurrent Resolution 81 be inserted international community, the President, and Lions Clubs has provided eyeglasses for area at this point in the RECORD. the Congress must remain vigilant and speak schoolchildren and invaluable support to the out on individual cases. YMCA, Camp Arbolado, and Whittier Inter- H. CON. RES. 81 This bill, is intended to increase the priority community Blind Center. It has organized a re- Whereas the Republic of Cyprus has been given to this issue in our foreign policy and put cycling center, contributing $20,000 annually divided and occupied by foreign forces since the persecutors on alert. The United States 1974 in violation of United Nations resolu- to civic projects and, since 1962, an Arabian tions; will no longer acquiesce. Horse Show, contributing $30,000 to the com- Whereas the international community, the Jackson-Vanik was the movement that crys- munity. Congress, and United States administrations tallized concern in the 1980's on behalf of Mr. Speaker, it is with pride that I ask my have called for an end to the status quo on those suffering persecution in the Soviet colleagues to join me in paying tribute to the Cyprus, considering that it perpetuates an Union. I am hoping that this bill will be its men and women of the Whittier Host Lions unacceptable violation of international law counterpart for the 1990's. Club on the occasion of its 75th anniversary and fundamental human rights affecting all It's an important and vital first step. We and in recognition of its outstanding and in- the people of Cyprus, and undermines signifi- have 25 original bipartisan cosponsors in the cant United States interests in the Eastern valuable service to the community. Mediterranean region; House and we expect this bill to pass and to f Whereas the international community and result in real action. the United States Government have repeat- I want to thank all those who worked to put CALLING FOR A U.S. INITIATIVE edly called for the speedy withdrawal of all this bill together including Anne Huiskes on SEEKING A JUST AND PEACEFUL foreign forces from the territory of Cyprus; my staff; Bill Morley and Gretchen Birkle on RESOLUTION OF THE SITUATION Whereas there are internationally accept- Senator SPECTER's staff; and Grover Joseph ON CYPRUS able means to resole the situation in Cyprus, Rees and Dorothy Taft on Representative including the demilitarization of Cyprus and the establishment of a multinational force CHRIS SMITH's staff. I also want to thank those HON. BENJAMIN A. GILMAN to ensure the security of both communities outside groups who have worked on this bill OF NEW YORK in Cyprus; including Michael Horowitz with the Hudson IN THE HOUSE OF REPRESENTATIVES Whereas the House of Representatives has Institute, Heidi Stirrup, Christian Coalition; Will endorsed the objective of the total demili- Dodson, Southern Baptist Convention; Will Wednesday, May 21, 1997 tarization of Cyprus; Nance, Prison Fellowship; Melissa McClard, Mr. GILMAN. Mr. Speaker, the Cyprus prob- Whereas during the past year tensions on Cyprus have dramatically increased, with Family Research Council; Nina Shea, Puebla lem has been a matter of concern to the Unit- violent incidents occurring along cease fire Program; Father Keith Roderick; Dr. Whalid ed States Congress now in excess of 22 lines at a level not reached since 1974; Phares; Ann Buwalda, Just Law, David years. It is a situation that cries out for just re- Whereas recent events in Cyprus have Adams, Lutheran ChurchÐMissouri Synod; dress and an end to the occupation of Cyprus heightened the potential for armed conflict E998 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 in the region involving two North Atlantic EARLY CHILDHOOD DEVELOPMENT AND a third of eligible children. A new program Treaty Organization (NATO) allies, Greece LEARING for younger children, Early Head Start, has and Turkey, which would threaten vital President Clinton recently hosted the only 22,000 slots for 2.9 million eligible chil- United States interests in the already vola- White House Conference on Early Childhood dren. tile Eastern Mediterranean area and beyond; Development and Learning. The purpose was PROPOSALS FOR CHANGE Whereas a peaceful, just, and lasting solu- to bring together parents, scientists, policy At the White House Conference, President tion to the Cyprus problem would greatly makers, child care providers and others to Clinton announced a number of worthy ini- benefit the security, and the political, eco- discuss the new research on brain develop- tiatives. First, he directed the Department nomic, and social well-being of all Cypriots, ment in children under age 3 and to explore of Defense, which runs many high-quality as well as contribute to improved relations how to deliver this information to more child care centers, to share its formula for between Greece and Turkey; homes. The key lesson from this research is success with state and local governments Whereas a lasting solution to the Cyprus that our ability to interact with others, and private child care centers. Second, the problem would also strengthen peace and communicate, and learn is largely dependent President proposed a plan to extend health stability in the Eastern Mediterranean and on what happens to us as newborns and tod- care coverage to an additional 5 million un- serve important interests of the United dlers. insured children. The balanced budget agree- States; Now more than ever we know the impor- ment recently announced includes funding to Whereas the United Nations has repeatedly tance of early intervention, from prenatal extend health insurance to some unserved stated the parameters for such a solution, care to preschool, to ensure that children get children. most recently in United Nations Security off to a healthy start. Research shows that Third, the President wants to expand Early Council Resolution 1092, adopted on Decem- the stimulation children receive after birth Head Start enrollment by one-third next ber 23, 1996, with United States support; counts even more than genetics to enable year. Fourth, the U.S. Department of Edu- Whereas the prospect of the accession by them to become smart and adaptable. Unfor- cation is making available early childhood Cyprus to the European Union, which the tunately, there remains a huge gap between development activity kits to anyone who United States has actively supported, could our knowledge about children’s needs and calls 1–800–USA–LEARN to request one. serve as a catalyst for a solution to the Cy- our success in meeting them. We simply Fifth, the Department of Justice is estab- prus problem: must find effective ways to apply new sci- lishing a ‘‘Safe Start’’ program to help law Whereas President Bill Clinton has pledged entific knowledge to public policy. Depriva- enforcement officers respond more sensi- that in 1997 the United States will ‘‘play a tion, abuse, and neglect of children often has tively to children who are the victims of or heightened role in promoting a resolution in long-lasting, damaging effects not only on witnesses to violence. The President also Cyprus’’; and them, but on our entire nation. supports expanding the Family and Medical Whereas United States leadership will be a Leave Act to cover events like parent-teach- crucial factor in achieving a solution to the NEW DISCOVERIES er conferences. Cyprus problem, and increased United States Fifteen years ago researchers thought that involvement in the search for this solution a baby’s brain structure was virtually com- CONCLUSION will contribute to a reduction of tensions on plete at birth, as if the brain were a com- Parenting can be vastly rewarding, but Cyprus: Now, therefore, be it puter just waiting to be turned on. Now we also demands enormous amounts of time, en- Resolved by the House of Representatives (the know that humans come into the world with ergy, patience and skill. Children require not Senate concurring), That the Congress— a brain that is largely incomplete. Just as a just caretakers, but caregivers. Even under (1) reaffirms its view that the status quo sculptor shapes a lump of clay into a distinct the best circumstances, the task of on Cyprus is unacceptable and detrimental work of art, our experiences mold our brain. parenting can be overwhelming. For parents to the interests of the United States in the Giving children the stimulation they need who are very young, lack education, are Eastern Mediterranean and beyond; to learn and grow doesn’t require fancy toys struggling to rise out of poverty, or who (2) considers lasting peace and stability on or classes. Research shows instead that sim- were once abused themselves, the demands Cyprus could be best served by a process of ple things can have the greatest positive im- occasionally are too great. The arguments complete demilitarization leading to the pact. For example, talking, singing, and for an expansion of support for new parents withdrawal of all foreign occupation forces, reading to children from birth onward helps and for quality child care are compelling. the cessation of foreign arms transfers to Cy- develop the parts of their brains devoted to Communities that have reached out to at- prus, and providing for alternative inter- language. In addition, holding babies and re- risk families with visits by social workers nationally acceptable and effective security sponding to their cues enables them to feel and nurses and free parenting classes have arrangements as negotiated by the parties; secure, which helps them learn and grow. had promising results. (3) welcomes and supports the commitment Unfortunately, the opposite is also true. The Children are persistently the poorest group by President Clinton to give increased atten- brains of children who are abused or ne- in America. I worry that recent budget-cut- tion to Cyprus and make the search for a so- glected release high levels of stress hor- ting efforts in Congress have focused dis- lution a priority of United States foreign mones, which can actually hinder the brain’s proportionately on the poor. We have not yet policy; growth and development. seen the full effects of welfare reform, which (4) encourages the President to launch an PERSISTENT PROBLEMS not only included time limits on welfare ben- early substantive initiative, in close coordi- efits but also restrictions on food stamps and Most parents work very hard to meet their nation with the United Nations, the Euro- Supplemental Security Income (SSI) benefits children’s needs. As a nation, though, we fail pean Union, and interested governments to for children. our youngest citizens far too often. The U.S. promote a speedy resolution of the Cyprus Children have such an amazing capacity to has the highest rate of young children living problem on the basis of international law, grow and learn and thrive provided there is in poverty of any western industrialized na- the provisions of relevant United Nations Se- love and patience and commitment. We tion. The child poverty rate has hovered at curity Council resolutions, democratic prin- adults fall short of our responsibilities if we around 20% ever since 1981. Other trends are ciples, including respect for human rights, fail to provide these, and we also pay the even worse. In 1995, nearly one million chil- and in accordance with the norms and re- price. We need to reach out to struggling dren were victims of abuse or neglect. Four- quirements for accession to the European parents, offering assistance and advice that teen percent of children lacked health insur- Union; can help them become the strong mothers ance, 25% lacked immunizations against pre- (5) calls upon the parties to lend their full and fathers most of them want to be. The ventable childhood diseases. Between 1985 support and cooperation to such an initia- very youngest Americans are the ones who and 1994, the percentage of low-birth-weight tive; and will lead us in the 21st century. We cannot babies, who often have multiple health prob- (6) requests the President to report actions expect to prosper in the future if we do not lems, grew. And while the infant mortality taken to give effect to the objectives set help them prosper today. rate has improved, the U.S. still ranks 18th forth in paragraph (4) in the bimonthly re- among industrialized nations. During this f port on Cyprus transmitted to the Congress. same period, the number of teens dying from f accidents, homicides, and suicides rose 10%. HAPPY BIRTHDAY, PETE DARLING Arrests of juveniles for violent crimes in- CHILDREN creased by a staggering 70% nationwide, HON. AMO HOUGHTON 125% in Indiana. And while the teen preg- OF NEW YORK HON. LEE H. HAMILTON nancy rate has leveled off in recent years, about half a million children are born to IN THE HOUSE OF REPRESENTATIVES OF INDIANA teen mothers each year. Wednesday, May 21, 1997 IN THE HOUSE OF REPRESENTATIVES Although most mothers of children under 4 Mr. HOUGHTON. Mr. Speaker, I would like Wednesday, May 21, 1997 work outside the home, high-quality, afford- able child care remains in short supply. The to ask the House to help me pay tribute to Dr. Mr. HAMILTON. Mr. Speaker, I am inserting federal government’s Head Start program is Arthur Perry ``Pete'' Darling, who today cele- my Washington Report for Wednesday, May widely acclaimed, but it is available only to brates his 80th birthday. Pete Darling lives in 21, 1997 into the CONGRESSIONAL RECORD: those age 3 and above, and serves only about Corning, NY. He came there in 1952. For the May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E999 last 45 years he has been an essential, con- THE SMALL BUSINESS PERSON OF This system, when complete, will provide stant, vital part of our small town. He is a true THE YEAR FOR 1997, DERYL much needed, safe drinking water for hun- American original, and his story is part of the McKISSACK, PRESIDENT AND dreds of communities in southeastern South bedrock upon which this Nation is built. His CEO, McKISSACK AND Dakota, northwestern Iowa, and southwestern children have this to say about their father: McKISSACK OF WASHINGTON, DC Minnesota. Our dad endured a childhood of poverty— I am proud of the citizens of South Dakota the sort of poverty it’s better to read about HON. ELEANOR HOLMES NORTON who have worked extremely hard on this in Horatio Alger than to experience. He lost OF THE DISTRICT OF COLUMBIA project. They are to be commended. Nothing his mother while he was still a small boy, IN THE HOUSE OF REPRESENTATIVES is more important to the health of South Da- and in the midst of the depression Dad got kota ranchers, farmers, and people living in himself through Williams College on a schol- Wednesday, May 21, 1997 towns and cities than the availability of safe arship that didn’t include money for books, Ms. NORTON. Mr. Speaker, each year the drinking water. The bill I am introducing today so he never bought any. After graduation he U.S. Small Business Administration [SBA] will achieve that goal. spent a year working 18 hour shifts as a bell- hop to earn the tuition for medical school, celebrates Small Business Week by honoring In this day of fiscal austerity, only projects of and though he interrupted his studies to en- outstanding men and women as Small busi- the greatest public benefit can be brought for- list in the Army during World War II, he was ness Persons of the Year. The winners of this ward. The Lewis and Clark rural water system eventually able to finish his surgical intern- award are judged based on staying power, is the only feasible means of ensuring that fu- ship and residency at Columbia University growth in number of employees, increase in ture supplies of high quality water will be avail- and the University of Chicago. sales and/or unit volume, current and past fi- able well into the next century. The Lewis and Do you measure a man’s value by his nancial reports, innovativeness of product or Clark rural water system will provide a supple- work? Dad is a brilliant surgeon. He brought service, response to adversity and evidence of mental supply of drinking water that is ex- a level of talent, innovation and skill to our contributions to community-related projects. pected to serve over 180,000 people. hometown that saved countless lives. Some- The Small Business Person of the Year for Mr. Speaker, water development is a health times we went with him on his housecalls, 1997 is Deryl McKissack, President and CEO issue, economic development issue, and a helping to carry his black bag. We’ve heard countless stories about how he listened to of McKissack and McKissack of Washington, rural development issue. The ability of rural his patients, demanded the best from the DC. America to survive and grow is intrinsically re- hospital and its staff, and never accepted any Mr. Speaker, Deryl McKissack is a DC resi- lated to the ability of rural and growing com- of the endless offers that came his way to dent and graduate of Howard University who, munities to provide adequate supplies of safe practice in other places. in 1990, opened the Washington Office of drinking water. Without a reliable supply of Or is a man judged by his courage? We’ve McKissack and McKissack, the oldest minor- water, these areas cannot attract new busi- never found a braver man than our father. At ity-owned architectural/engineering firm in the nesses and cannot create jobs. The creation the height of his career, Dad lost his sight. Nation with $1,000, exceptional skills, deter- of jobs is a paramount issue to a rural State His surgical career ended overnight. At a mination, and a dream. In 1995 the company such as South Dakota. The Lewis and Clark time when most men are contemplating re- was certified in SBA's 8(a) Program and has rural water system will help assure job growth tirement and solitude, he built a new life for himself at the age of 61. He gave up the prac- won two 8(a) contracts totaling $9.5 million. in the areas to be served. tice he loved without a backward glance, and Mr. Speaker, today this business woman It is extremely difficult for rural communities went to work at Corning, Inc., building a has over 35 full-time employees with an esti- and residents to maintain a healthy standard first-rate medical department. mated revenue of $7 million for the coming fis- of living if they do not have access to good He raised the money to found a low-vision cal year. Her client list now includes the U.S. quality drinking water. This bill authorizing the clinic, a clinic that today offers those with Department of Labor, the Department of the construction of the Lewis and Clark rural water limited sight the practical advice and tools Treasury, the Washington Convention Center, system with work toward this end. they need to make a full, independent life NationsBank, Georgetown University, Howard I urge my colleagues to take a close look at possible. University, Morgan State University, and this legislation. Their support would be greatly Dad eventually retired at the age of 70, and Coppin State College. The firm is a leader in appreciated. finally had time for the things he loves—fly program management engagements and is f fishing, scotch, golf, good food, good con- working on three separate contracts at the his- versation, a good joke. More than anything toric Treasury building in downtown D.C. DECLARING MAY 22, 1997, BILIN- on earth, though, he loves our mother, Anne, Ms. McKissack has encountered closed GUAL FOUNDATION OF THE his wife of 37 years. A local mechanic, speak- ARTS DAY ing with them about the loss of his own wife, doors and stiff competition. She overcame said wistfully, ‘‘I’d like to think we had the these obstacles with a strong commitment to same sort of marriage you two have,’’ and excellence, a determination to outperform her HON. ESTEBAN EDWARD TORRES with those words he spoke for everyone who competitors, emphasis on delivering outstand- OF CALIFORNIA knows our parents. They have talked, ing work on schedule and within budget and IN THE HOUSE OF REPRESENTATIVES laughed, loved and occasionally fought their ensuring that client's needs are met. Ms. Wednesday, May 21, 1997 way through nearly four decades of mar- McKissack supports a number of charitable or- riage, and no invention of Hollywood could ganizations and serves the community in other Mr. TORRES. Mr. Speaker, I rise today to ever tell a finer story. ways including the DC Public Schools' Task recognize the Bilingual Foundation of the Arts Together they raised five children, creat- Force on Education, Infrastructure for the 21st [BFA] on the occasion of its 17th annual El ing a secure haven of love and stability in Angel Awards ceremony, which will honor the the midst of turbulent times. Century, and the Architectural Review Board. Mr. Speaker, I ask that this body join me in outstanding artistic contributions of women, All five of us have grown and gone now, saluting Deryl McKissack, SBA's Small Busi- and to declare May 22, 1997, Bilingual Foun- and have established careers of our own in ness Person of the Year for 1997 for the dation of the Arts Day in my California's 34th education, business, finance, law, politics Congressional District. and religion. Each child has at least one de- Washington Metropolitan Area and celebrating gree, some have two, one is working on her the contributions of the small business com- This year marks BFA's 24th season of third. We are making our mark from New munity to this Nation's economic health. bringing Latino world drama to both English- York to San Francisco, and trying to set the f and Spanish-speaking audiences. Each year, same standards in our chosen fields as our more than 300,000 children and adults experi- parents did in theirs. It’s a hard act we’re LEWIS AND CLARK RURAL WATER ence the richness and diversity of Latino cul- following, but if you asked Dad what he SYSTEM ACT ture through the presentation of plays in takes the most pride in, we suspect he would southern California schools and at BFA's Lin- point to our independence, even if it does oc- coln Heights Theater. casionally drive him wild. HON. JOHN R. THUNE OF SOUTH DAKOTA BFA's mission has been to bring commu- Mr. Speaker, those children, their spouses, IN THE HOUSE OF REPRESENTATIVES nities together through the presentation of and Pete's grandchildren will all arrive in Cor- plays from the diverse Latino cultural and the- ning in a few days, to celebrate this special Wednesday, May 21, 1997 atrical tradition. Classical and contemporary birthday and this special man. His has been a Mr. THUNE. Mr. Speaker, today, I am intro- plays are presented in both English and Span- life of service, courage, and love. I am proud ducing legislation that authorizes constructions ish, alternating weekly. Founded by my good to call him my friend. of the Lewis and Clark rural water system. friend and internationally recognized Mexican- E1000 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 American actress and producer, Carmen Za- Congratulations to my good friend, the community, excellence in all efforts, and loy- pata, along with Cuban-born actress and di- President of Taiwan, on the occasion of his alty and love for family. rector, Margarita Galban, and Argentinean de- first anniversary of his first elected term of of- A 1950 graduate of Boonton High School signer, Estela Scarlata, BFA has grown from a fice. He will always have my support and best and a veteran of the U.S. Marine Corps, Mr. small, itinerant bilingual theater to a perma- wishes. Leva joined Jersey Central in 1952 as a utility nent cultural institution that utilizes the arts as f worker and progressed to first-class lineman in a tool for exploration and understanding of the 1954. He worked for 4 years as night Latino community. A TRIBUTE TO THE WEST ST. On the evening of May 22, 1997, Chairman LOUIS COUNTY CHAMBER OF troubleman while attending Fairleigh Dickinson Jesus Rangel, joined by Cochairs Enrique COMMERCE University as a full-time day student in elec- ``Henry'' Baray, Douglas M. West, and Latin trical engineering. At the same time, he was Heat's Bel Hernandez and Loyda Ramos, will HON. JAMES M. TALENT beginning his life with his wife, Marie Marinaro of Morristown, and raising their five children. join BFA's supporters in honoring the out- OF MISSOURI standing contributions of women at the 17th IN THE HOUSE OF REPRESENTATIVES Mr. Leva graduated from the university annual El Angel Awards ceremony. Receiving magna cum laude with a bachelor of science Wednesday, May 21, 1997 the El Angel Corporate Award will be the Coca degree in electrical engineering in 1960. The Cola Co. and Kraft General Foods, for their Mr. TALENT. Mr. Speaker, I rise today to same year he advanced to cadet engineer in support of Latino arts. Muralist Judy Baca and pay tribute to the West St. Louis County the utility's central division engineering depart- actress/comedianne Liz Torres will receive the Chamber of Commerce on the event of its ment and was promoted to assistant engineer El Angel Artist Award, for their outstanding 40th anniversary. This chamber has faithfully the following year. His rise continuedÐfrom and innovative contributions to the arts. served the cities of Ballwin, Clarkson Valley, personnel assistant in 1962, assistant man- Mr. Speaker, it is with great pride that I ask Ellisville, Manchester, Valley Park, Wildwood, ager-employee relations in 1963, manager- my colleagues to join me in recognizing the Winchester, and parts of unincorporated St. employee relations in 1968, vice president Bilingual Foundation of the Arts for its Louis County, MO. personnel, safety and services in 1969 and unyielding commitment to promoting the arts Established on May 13, 1957, as the Lafay- vice president consumer affairs in 1979. in the Latino community, and to join me in ette Chamber of Commerce, the chamber was congratulating 1997's El Angel Award recipi- founded to enrich the communities of the West In 1980, Mr. Leva obtained his juris doctor- ents. I proudly, in recognition of BFA's con- St. Louis County corridor. At its first meeting ate from Seton Hall Law School and was ad- tributions to our community for nearly a quar- held in the basement of Ballwin Elementary mitted to the New Jersey Bar the same year. ter of a century, declare May 22, 1997, to be School, the chamber dedicated itself to im- In January 1992, he was elected president Bilingual Foundation of the Arts Day in my proving the quality of education, highways, and chief executive officer of General Public congressional district. and sewer systems. From these humble be- Utilities Corp., the forerunner of GPU, Inc., f ginnings, the West St. Louis County Chamber and assumed the additional position of chair- of Commerce has grown into one of the most PERSONAL EXPLANATION man in June 1992. He is also chairman of dynamic and progressive chambers in this re- GPU Nuclear, Inc., and chairman and chief gion. With 385 members and 601 representa- executive officer of all other major GPU com- HON. TILLIE K. FOWLER tives, the chamber continues to advance com- panies. OF FLORIDA mercial, industrial, and civic interest, as well IN THE HOUSE OF REPRESENTATIVES as enhancing the community environment And, while all this hard work was accom- plished, Jim Leva never forgot his commitment Wednesday, May 21, 1997 within cities and unincorporated areas. The West St. Louis County Chamber of to the county and State in which he lived. Mr. Mrs. FOWLER. Mr. Speaker, due to the Commerce currently is involved in numerous Leva has been active in local public affairs for cancellation of my flight to Washington, I activities including: monitoring local, State, and many years. He served as a member of the missed rollcall Votes Nos. 139, 140, and 141. Federal legislative issues of specific interest to Morris Township Board of Education, the Mor- Had I been present I would have voted aye on business; maintaining a proactive status to im- ris Township Committee, and was the town- rollcall Nos. 139, 140 and 141. prove transportation facilities and services; ship's police commissioner. He also served f publishing an annual ``Buyer's Guide and two terms as mayor of Morris Township. ‘‘MY GOOD FRIEND, THE Membership Directory'' which is distributed to Jim Leva has had an even broader sense of PRESIDENT OF TAIWAN’’ 50,000 residents; soliciting of new businesses community than the county in which he lives. and residents to the area; acts as a clearing- Among his other contributions, Mr. Leva is a HON. CORRINE BROWN house for information for prospective new director of the Utilities Mutual Insurance Co., OF FLORIDA businesses; and offers its members opportuni- New Jersey Utilities Association, Edison Elec- IN THE HOUSE OF REPRESENTATIVES ties for networking, advertising, education, and tric Institute, and New Jersey State Chamber referrals. Wednesday, May 21, 1997 of Commerce. He was national chairman of Mr. Speaker, I ask that you join me in con- the 1996 U.S. Savings Bond campaign, chair- Ms. BROWN of Florida. Mr. Speaker, a few gratulating the membership of the West St. man of the board of trustees of St. Clares-Riv- years ago I had the opportunity to visit Taiwan Louis County Chamber of Commerce on this erside Foundation, and chairman of the joint and I became an admirer of President Lee occasion. I am confident that the chamber will advisory board of the Edward J. Bloustein Teng-hui. He was graceful, charismatic, knowl- continue to lead the West St. Louis County School of Planning and Public Policy of Rut- edgeable, and visionary as well. He deeply im- corridor well into the next millennium. gers University. He is also a member of the pressed me with his firm grasp of world events f board of trustees of Fairliegh Dickinson Uni- as he articulated his vision of a modern Tai- AN AMERICAN SUCCESS STORY versity and the TriCounty Scholarship Fund wan that is economically prosperous, politically and a member of the board of directors of free, and internationally respected. Prosperity New Jersey, Inc. President Lee has certainly maintained Tai- HON. RODNEY P. FRELINGHUYSEN wan's spectacular economic growth. Politically OF NEW JERSEY Mr. Speaker, this Friday, May 23, many people will gather to pay tribute to Jim Leva he has introduced many reforms, including the IN THE HOUSE OF REPRESENTATIVES upcoming debate on Taiwan's constitution. In for his many achievements and leadership of terms of achieving greater international rec- Wednesday, May 21, 1997 GPU as well as his countless contributions to ognition for Taiwan, I have learned that For- Mr. FRELINGHUYSEN. Mr. Speaker, it is a better New Jersey. They will come from all eign Minister John Chang is succeeding in most appropriate that on the eve of his retire- walks of lifeÐfrom the lineman to the govern- making the world see the injustices of exclud- ment that I rise in tribute to the chairman and ment official, from business leaders to commu- ing Taiwan, a major economic power, from chief executive officer of General Public Utili- nity volunteers to say thank you. We say many important international organizations. As ties, In., Mr. James R. Leva. thank you Jim for a job well done and thank for Taiwan's relationship with the United Jim Leva is a true American success story you for serving as an example to us all. We States, Taiwan certainly has many friends on and how he achieved that success defines are most grateful for your service and we wish Capitol Hill due to the efforts of Ambassador what it is to be a good civic and corporate citi- you and your family many happy and well de- Jason Hu and his staff. zenÐhard work, determination, commitment to served years of retirement. May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1001 TRIBUTE TO BARTLEY ‘‘BART’’ AMERICAN LEGION POST 553, A SPECIAL TRIBUTE TO DR. BENNETT SOUTH GLENS FALLS, NY, HON- ROBERT L. FULLER ORED FOR 75 YEARS OF SERVICE HON. GARY A. CONDIT HON. LOUIS STOKES OF CALIFORNIA HON. GERALD B.H. SOLOMON OF OHIO IN THE HOUSE OF REPRESENTATIVES OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Wednesday, May 21, 1997 IN THE HOUSE OF REPRESENTATIVES Wednesday, May 21, 1997 Mr. CONDIT. Mr. Speaker, I rise today to pay tribute to a great humanitarian and close Wednesday, May 21, 1997 Mr. STOKES. Mr. Speaker, on May 24, friend, Mr. Bartley ``Bart'' Bennett. Bart has 1997, Mt. Hermon Baptist Church will honor a worked tirelessly for the housing industry and Mr. SOLOMON. Mr. Speaker, as a lifetime dedicated individual and servant of God. The constantly volunteered his time throughout our member of the American Legion myself, it is church, which is in my congressional district, community. For that, I would like to honor him with great pride that I commemorate the Mohi- will pay special tribute to Dr. Robert Lawrence today. can Post 553 of the American Legion in South Fuller, a pastor who completed 81 years in the Bart and I have known each other for years. Glens Falls, NY, in my congressional district. Gospel Ministry. I join the Mt. Hermon Church Since founding Christmas CanTree with Frank And it is with great humility that I stand here family and the Greater Cleveland community Riser in 1977, Bart has worked with numerous today and try and do justice to all the tremen- in saluting Dr. Fuller. I want to share with my organizations providing for the less fortunate. dous service and good this post has done for colleagues and others some information re- He simultaneously served on the Salvation veterans and their families, as well as the en- garding this distinguished individual. Army Modesto Corps Advisory Board and the tire community over the past 75 years. Dr. Fuller was born on October 10, 1911, in Community Housing and Shelter Services Just last year, I had the tremendous good Decatur, AL. At the age of 5, his call to the Board for almost two decades. This unrelent- ministry was recognized. Although Dr. Fuller fortune of addressing both the New York State ing dedication has affected many lives over was born with a speech impediment and had and the National American Legion Convention the years. never been to school, he undertook the where I was awarded with the American Le- In addition to these services, Bart has preaching of the Gospel with an unwavering served as chairman of the Big Five Fundraiser gion's Distinguished Public Service Award. Mr. conviction. He received his license at the age for 10 years. This organization benefits the Speaker, it occurred to me that among all the of 11, and was ordained some 8 years later. Community Housing and Shelter Services. It is things I've done in this Congress, I literally At the youthful age of 22, Dr. Fuller accepted a pleasure to recognize Bart today for these cherish above all else the time I've spent his first pastorate at the Union Hill Baptist selfless acts of good will. working alongside the American Legion. To- Church of Chattanooga, TN. gether we've achieved so much on behalf of Mr. Speaker, in February 1937, Dr. Fuller f flag and country. arrived in Cleveland, OH, and began his min- isterial service at Mt. Hermon Baptist Church. TRIBUTE TO NATIONAL WRITE But Mr. Speaker, those achievements are With the country in the Depression and the YOUR CONGRESSMAN what makes the men and women of American Legion Posts like No. 553 in South Glens Falls congregation on the verge of losing its place the true heroes. Not only have they served of worship, Dr. Fuller began a faith-building HON. their country in uniform, but they have served itinerary which would continue throughout his OF MICHIGAN America and their fellow veterans as members tenure. In 1939, the Mt. Hermon congregation IN THE HOUSE OF REPRESENTATIVES of the Legion. A group that is always in the began to purchase its first building. They burned the mortgage in 1942. As the member- forefront of efforts to develop and maintain Wednesday, May 21, 1997 ship continued to increase, a building fund adequate veterans benefits and programs. Mr. CAMP. Mr. Speaker, I was pleased dur- was established, with a view to expansion. ing the last few years to see that so many And as if that wasn't enough, there are the The ground breaking for the new place of wor- Americans take the opportunity to become in- tremendous programs and activities the mem- ship took place on July 7, 1957. On August volved in our Government. This involvement is bers of Post 553 run on behalf of their com- 10, 1958, the Mt. Hermon Baptist Church con- reflected in the high volume of letters from my munity. I'm talking about things like scholar- ducted its first worship service in the newly- constituents regarding issues and events that ships and teams they sponsor for the youth in completed, half-million dollar edifice on East affect their lives. I encourage and welcome Glens Falls as well as community wide events. 40th Street. this type of participation. Because of efforts like these, their pro- Mr. Speaker, Reverend Fuller retired as Today, I would like to recognize an organi- motion of pride, patriotism, and good citizen- pastor of Mt. Hermon Baptist Church in Octo- zation that helps the people of this country ship goes unparalleled. And that's why I can't ber 1992, after a record 55 years of dedicated service. He left with an impressive list of ac- send their thoughts and concerns to their Rep- wait to pass the constitutional amendment to resentatives in Washington, DC. National complishments to his credit. Under Dr. Fuller's protect Old Glory right here on the House floor Write Your Congressman, founded in 1958, is leadership, renovations continued to take knowing I have the wholehearted support of a unique organization. It is different because it place, including the installation of an infra-ray is not a lobbying organization and does not my fellow Legionnaires from Post 553 in South heating system, a state-of-the-art public chime show partiality toward a particular issue. Na- Glens Falls, New York. system, and the completion of a tower and tional Write Your Congressman researches Mr. Speaker, protecting our flag, watching third floor addition. Further, Dr. Fuller was in- legislation, presents both sides of national is- out for fellow veterans and ensuring a strong strumental in seeing that Mt. Hermon was re- sues, and allows its members to develop their national defense may seem like a large and sponsive to the needs of the Greater Cleve- own opinions. daunting agenda to some. But that's not half land community. He led the congregation in Once a month, this organization sends its of what Legion Posts like this one have done evangelistic crusades and conducting religious members an opinion ballot outlining both sides over the 75 year history dating back to 1922. surveys. Dr. Fuller was also responsible for of a controversial issue. They also conduct But I know there's no limit to what they can the planning and building of the Good Samari- frequent national polls among their members accomplish. That's because this post is made tan Foundation Home which officially opened its doors to the community in October of 1990. and advise Representatives of the results. Fi- up of patriotic Americans who have served nally, National Write Your Congressman keeps their country and earned the right to call them- Mr. Speaker, I join the Mt. Hermon Baptist its members aware of their Representatives' selves veterans of the U.S. Armed Forces and Church family and many others in saluting Dr. voting records on national issues. proud members of the American Legion. Robert L. Fuller. His slogan that he is ``God's I am proud to see this organization actively Minute Man,'' exemplifies his intention to im- encouraging busy Americans to voice their At this time, Mr. Speaker, I ask that you and mediately respond to God's direction. I ap- opinions on national issues. I commend Na- all members join me in paying tribute to all the plaud Dr. Fuller for his strong commitment and tional Write Your Congressman on its efforts members of South Glens Falls Legion Post dedicated service throughout the years. I rec- to keep the American people in touch with 553 for their tireless and selfless devotion to ognize his achievements, and I wish him con- their Representatives. America and their community. tinued blessings and Godspeed. E1002 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 PERSONAL EXPLANATION but my doctor’s words echoed in my mind, I think about Ellen a lot. Whenever I feel Take it easy. tired or weak, I remember the feeling of my I’m not much of a swimmer anyway. As a legs and arms moving furiously and a sensa- HON. MAURICE D. HINCHEY young girl, I had gone swimming in a lake tion of power taking hold. If I could pull a OF NEW YORK and gotten a cramp in my leg. Before I knew woman out of the ocean, I can do anything! IN THE HOUSE OF REPRESENTATIVES it, I was under. Please help me! I panicked, If you ask Ellen, she’d probably tell you my lungs ready to burst. Finally, someone that I was her guardian angel. But if you ask Wednesday, May 21, 1997 pulled me out. But ever since, I couldn’t put me I’d have to say she was mine. Mr. HINCHEY. Mr. Speaker, unfortunately I my head underwater, I’d just paddle and f was delayed on route to the Capitol following float. a meeting with constituents in my congres- So I paddled and floated out, and when I NATIONAL INTEREST IN RURAL could no longer feel the sandy floor, I let the HIGHWAYS ACT sional district during the votes on H. Res. 152. water just support my body. Had I been present, I would have voted ``no.'' I watched a man swim to shore to look f after his three children while his wife went HON. JOHN R. THUNE in, scuba gear in hand. Then I kept floating OF SOUTH DAKOTA ARLENE NUNES’ GUARDIAN out—about 100 feet—to the deepest part of IN THE HOUSE OF REPRESENTATIVES ANGEL the lagoon. Wednesday, May 21, 1997 There may have been 10 other swimmers, or rather, snorkelers, their breathing straws Mr. THUNE. Mr. Speaker, as my colleagues HON. BARNEY FRANK skimming and bobbing. But my vision was are aware, Congress is in the process of de- OF MASSACHUSETTS drawn farther out. That’s the mother of veloping legislation to reauthorize highway and IN THE HOUSE OF REPRESENTATIVES those children, I realized. It was her jerking transit programs. To ensure vital transportation Wednesday, May 21, 1997 movements that had caught my eye. Without links are maintained into the 21st century, we making a sound, she threw up her arm, must address rural America's needs as well as Mr. FRANK of Massachusetts. Mr. Speaker, which twisted like a corkscrew. And she was America's need for a strong rural America. all of us in Congress are called upon from gasping as she tried to yank off her diving The National Interest in Rural Highways Act time to time to provide assistance to people mask. Instantly, I knew I was witnessing an epi- would ensure rural States receive adequate who live in our districts and require some funding. These States need a level of funding guidance in dealing with the complexities of leptic seizure; I had seen one years ago. And now, there was only still water where the that ensures a seamless transportation sys- one or another bureaucracy. One of the peo- young mom had been. tem. The Nation does and must continue to ple that the excellent staff in my office have My mind went blank as my body took over. benefit from effective transportation in and been able to help is Ms. Arlene Nunes. I was I paddled over as fast as I could, my heart across rural areas. Without good highways therefore especially moved when I saw Ms. pounding. And then, without thinking, I dove across the plains and mountains, people and Nunes recently and heard her describe the beneath the water. I don’t even remember pulling the woman goods cannot move efficiently between the events which are chronicled in the accom- west and the east coasts. Yet these States panying article. The point is that Ms. Nunes to the surface. But suddenly, there I was, floating, holding on to her with my stronger with large land areas and sparse populations having herself been in a situation where she right arm to keep her afloat. And then I cannot support these national interest roads experienced health problems and called on us found my voice and screamed. ‘‘Help!’’ without a Federal investment. The bill would to help her in dealing with a bureaucratic None of the snorkelers heard me. So I kept help meet this goal by establishing a small maze, drew strength from this and was for screaming, trying to keep the woman—con- pool of funds to be allocated to States that precisely this reason eager to help someone vulsing and grabbing me—from pulling us have a population density of 25 people per else who was in trouble. I was especially im- both under. square mile or fewer and cover a total area of pressed by Ms. Nunes` assertion that precisely On shore. I saw Dorene jump at the sound of my voice, and she started hollering too. 10,000 square miles or more. because she has herself asked others for as- And then the woman’s husband realized. The allocation from this pool of funds would sistance, she was inspired to provide literally ‘‘Ellen,’’ he cried ‘‘Ellen!’’ The sound of his supplement the State's regular allocation. The life saving assistance to someone else at a plaintive cries made my heart break. allocation would help meet the special needs difficult period. To go from the illness she had I can’t wait for help, I thought. We have to of States that depend so heavily upon high- within a short period of time to being literally get to shore. So with my weak left arm, I ways. The States that would qualify for this a life saver for a fellow human being is not swam with all my might. Will we make it? I program would be Alaska, Idaho, Montana, only an extraordinary experience, but indic- panicked. But then I saw a man swimming Nebraska, Nevada, New Mexico, North Da- ative of an extraordinary individual, Arlene quickly toward us. kota, South Dakota, Utah, and Wyoming. Panting, he reached us. ‘‘She’s having a Nunes, and I am proud to share this experi- seizure!’’ I cried. The total fund would constitute a mere 1.25 ence with others as an example of how adver- ‘‘Take her legs,’’ he coughed, and together percent of the authorized appropriation of the sity of a personal sort can sometimes be we towed her to shore. highway trust fund (excluding the mass transit strengthening and bring out the best in us. When my feet finally touched bottom, I account). The distribution formula would be shouted to the crowd: ‘‘Get a doctor!’’ As it based upon two factors. Half of the total allo- ARLENE NUMES, AS TOLD TO VERONICA turned out, there was one on the beach, who CHATER cation would be distributed to each qualifying performed CPR and emptied her lungs of The blue-green sea spread out before me State based upon the total number of NHS water. Within minutes, she and her family miles in the State. The other half of the alloca- like a blanket as I waded into the warm had disappeared in an ambulance. water of Lydgate Lagoon on the Hawaiian is- Standing in the water, I realized for the tion would be based upon the number of vehi- land of Kauai. Could a month in paradise first time what had happened, and I started cle miles traveled on the NHS within the eligi- help me heal? I wasn’t sure anything could. to sob. My fellow rescuer came toward me. ble State. Only a month before, I’d been lying miser- ‘‘You saved her life,’’ he said. The need for this legislation is clear. Without ably in a hospital back home in New Eng- ‘‘We did,’’ I replied. good roads in and across these States, re- land, admitted for heart problems and ex- ‘‘You know,’’ he said, ‘‘I’d postponed this gional and national movement is stymied. hausted from multiple sclerosis. vacation because I was ill. I was just wading And while these States enjoy some of the ‘‘My daughter and I are supposed to be on in the water . . .’’ benefits of mass transit and passenger rail a plane to Kauai!’’ I told the doctor. Then I told him my own story. For a mo- ‘‘Don’t worry,’’ my 23-year-old daughter ment we just stared at each other, knowing service, these are services that largely go un- Dorene reassured me. ‘‘We’ll just postpone we had shared something incredible. used in our area of the country. Quite frankly, the trip. It’s not the end of the world.’’ Maybe it wasn’t just a coincidence that we the costs too often outweigh the benefits. But it felt like it. At 49, with my divorce were here to save that woman, I thought. Families, businesses, and industry depend behind me, I wanted to believe I still had a Maybe, just maybe, God wanted to give us largely upon roads and highways for their day- lot of living to do. But instead, my heart was something: the feeling of strength when we to-day business. As an example, South Dako- racing, my left side was weak—and I felt I felt weak. To show us something: that we tans annually pay over 30 percent more per was falling apart. could do something wonderful for another capita in motor fuel taxes than the national av- Lying in bed, 17 long days had passed while when we weren’t sure what we could do for I wondered if I’d ever feel strong again. But ourselves. erage. this trip would do more for me than I could We called the hospital and found that Ellen Highways act as the lifeline between these have imagined. had been released. She never knew that the communities. In the State of South Dakota, The sun was on my face as I fed tropical stranger who reached out for her that day agriculture and tourism are the top two indus- fish. I wanted to dive into the glassy blue, was me. tries. For agriculture, roads and bridges allow May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1003 our farmers and ranchers to conduct their But this last winter and spring have brutal- ways in these StatesÐparticularly the National daily operations and help them bring their ized our highways. The record cold tempera- Highway System routesÐhelp improve trans- products to markets. For the small busi- tures, excessive snow fall, and subsequently portation for the entire country. nessesÐthe entrepreneurs of my StateÐhigh- flooding have turned miles of roads and ways and roads are absolutely vital to keep bridges into crumbled pavement and asphalt. I have submitted a chart to be printed in the our out-of-state visitors moving from border to Some of these extra needs can be met RECORD following my remarks that outlines border. through disaster relief efforts. However, re- which States would qualify under this legisla- I grew up in Murdo, a small town on Inter- building our infrastructure will take much, tion as well as the level of funding for which state 90 in western South Dakota. Murdo is much more. South Dakota already has a high- each State would qualify. built upon the agriculture and tourism busi- way maintenance backlog of over $500 mil- I thank my colleagues, Representative nesses. Growing up, I worked in both indus- lion. tries. Having that four-lane highway running This bill recognizes the need to tie together YOUNG of Alaska, HILL of Montana, and CUBIN past my town played a key role in building the expanses that separate people as it gives of Wyoming, for joining me as original cospon- these businesses and keeping Murdo alive certain States the tools they need to overcome sors of this bill. I hope other Members will join and thriving. the obstacle of distance. Nationally the high- them in their support of this legislation. NATIONAL INTEREST IN RURAL HIGHWAYS ACT

1 1 VM–3P HM–48P Percent of NHS lane total NHS Percent of Total NHS Total dis- Percent of NHS lane total NHS miles dis- VMT (mil- total NHS VMT distribu- tribution total dis- miles lane miles tribution lions) VMT tion tribution

Alaska ...... 3,508 4.90 5,939,987 1,821 3.78 4,577,675 10,517,662 4.34 Idaho ...... 6,303 8.81 10,672,674 4,474 9.29 11,246,853 21,919,527 9.05 Montana ...... 10,357 14.48 17,537,186 4,237 8.79 10,651,076 28,188,262 11.64 Nebraska ...... 7,534 10.53 12,757,088 6,393 13.27 16,070,883 28,827,971 11.90 Nevada ...... 5,764 8.06 9,760,002 4,932 10.24 12,398,185 22,158,186 9.15 New Mexico ...... 8,932 12.49 15,124,278 8,344 17.32 20,975,355 36,099,633 14.90 North Dakota ...... 7,411 10.36 12,548,816 2,605 5.41 6,548,514 19,097,330 7.88 South Dakota ...... 7,628 10.66 12,916,255 3,263 6.77 8,202,611 21,118,866 8.72 Utah ...... 7,037 9.84 11,915,533 8,909 18.49 22,395,666 34,311,199 14.17 Wyoming ...... 7,051 9.86 11,939,239 3,200 6.64 8,044,240 19,983,479 8.25 Total ...... 71,525 100 121,111,058 48,178 100 121,111,058 242,222,115 100.00 1 Revised Feb. 1995 FHWA Highway Statistics Table. Total adjustment 242,222,115.

SERGIO ESPINOZA AND THE Sergio and the USIAA serve as role models In 1781 the British captured the colony but USIAA—TRUE CHAMPIONS for our communityÐthey are true champions were ousted within the year. From 1782 until and heroes. the return of the British in 1812 the colony HON. BOB FILNER The citizens of San Diego will honor the re- was administered by French and Dutch admin- markable achievement of Sergio Espinoza in a OF CALIFORNIA istrations. homecoming celebration to be held May 29, IN THE HOUSE OF REPRESENTATIVES 1997, at High Park Church in San Diego. Mr. In 1835 laborers were brought in from Por- Wednesday, May 21, 1997 Speaker, I ask that my colleagues join with me tugal and 1838 marked the beginning of in- Mr. FILNER. Mr. Speaker, I rise today to sa- in saluting this fine young man, his family, dentured servitude with the arrival of laborers lute one of my constituents, Sergio Espinoza, friends, and the organization that he has rep- from India. The Chinese came in 1853. the first San Diegan to win the National Gold- resented so well in competition, the USIAA. In 1953 elections were held for the first time en Gloves Tournament of Champions, and f under the system of universal adult suffrage. also to pay tribute to the U.S. Institute of Ama- IN HONOR OF THE 31ST ANNIVER- The People's Progressive [PPP] won this elec- teur Athletics, the organization that provided SARY OF THE INDEPENDENCE OF tion but was removed, after 133 days in office, Sergio with the training that led him to his vic- THE REPUBLIC OF GUYANA by the British. tory. Boxing for the U.S. Institute of Amateur Ath- The PPP was reelected in 1957 and again letics, Sergio was crowned 106-pound Na- HON. DONALD M. PAYNE in 1961. During these two terms under the tional Golden Gloves Champion on May 3, OF NEW JERSEY system of internal self rule, the colony of the 1997. This tournament has a distinguished IN THE HOUSE OF REPRESENTATIVES then British Guiana experienced significant so- history that spans 70 years of pugilistic excel- Wednesday, May 21, 1997 cial and economic growth in spite of political lence. Mr. PAYNE. Mr. Speaker, I ask my col- disturbances, especially in the early 1960's. Sergio is an intense young man from my leagues to join me in congratulating the New In 1964, an unpopular government was congressional district, who began boxing 4 Jersey Arya Samaj Mandir, Inc. as they cele- brought to power through external influences. years ago. In his short career, he won a na- brate the 31st anniversary of the independ- It remained in power until 1992 through con- tional tournament for 17 to 19-year-old boxers, ence of the Republic of Guyana. In honor of stant rigging of national elections. and reached the quarterfinals in the World this event, a commemorative flag-raising cere- In 1966, Guyana became an independent Junior Championship in Cuba. He has served mony will take place on Thursday, May 27, notice to the world that he will be a force in 1997 at 5:30 p.m., in the Council Chambers at Nation and in 1970 it obtained republican sta- the next Olympics. Jersey City Hall, 28 Grove Street, Jersey City, tus. I am proud to have the U.S. Institute of NJ. On October 5, 1992 the first free and fair Amateur Athletics located in my own 50th The word ``Guyana'' is an indigenous Indian elections were held since 1964. This election, Congressional District. The USIAA has suc- word that means land of many waters. This supervised by a team of international observ- ceeded in both training and educating student land is believed to have been populated since ers led by former U.S. President Carter athletes. Under the guidance of its executive the 1200's by the Arawak, Carib and Warrow brought the PPP-civic government under the director, Mr. Robert C. Coons, and a very tribes. Christopher Columbus was the first Eu- Presidency of Dr. Cheddi Jagan to office. dedicated board of directors, the USIAA has ropean to have sailed along its coast in 1498. become a permanent fixture in amateur athlet- Sir Walter Raleigh organized expeditions in Over 50 percent of Guyana's population ics in San Diego. the 1500's in search of the mystical city of El consists of East Indians, whose ancestors The success of Sergio Espinoza and many Dorado believed in be in Guyana. came to Guyana from India. Therefore, Mr. other young people from USIAA who have In 1621 the Dutch started to colonize Guy- Speaker, I would also like to applaud the New represented our city, depend on a community ana and in 1640 the first slaves arrived from Jersey Arya Samaj Mandir, Inc. for their sup- that is willing to share its time, its talent, and Africa. In 1763, about 100 years before the port of Hindu culture and serving the edu- its financial resources. In that sense, all of my American Emancipation, the slaves in Guyana cational, cultural, and religious needs of the constituents in the 50th Congressional District revolted in the ill-fated effort known as the Hindu immigrant population that lives in New share in his victory. Berbice Slave Rebellion. Jersey. E1004 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 NORTH HOOSICK FIRE DEPART- SEEKING SOLUTIONS FOR SMALL blue ribbon commission to quickly examine MENT CELEBRATES THEIR 50TH BUSINESS CREDIT NEEDS small business credit needs. ANNIVERSARY This examination should encompass the en- HON. JOHN J. LAFALCE tire concept of Federal programs to assist small firms in obtaining loan capital. HON. GERALD B.H. SOLOMON OF NEW YORK IN THE HOUSE OF REPRESENTATIVES Over the short term, the options are prob- OF NEW YORK ably limited to some minor changes in existing IN THE HOUSE OF REPRESENTATIVES Wednesday, May 21, 1997 standards, terms and conditions. There simply Wednesday, May 21, 1997 Mr. LaFALCE. Mr. Speaker, small busi- is not time to develop new programs. But pri- nesses are again being hurt by a lack of loan ority must be placed on developing some rea- Mr. SOLOMON. Mr. Speaker, as in many guarantee assistance through the Small Busi- sonable short term solution. primarily rural areas, volunteers provide most ness Administration. This, in turn, is directly For the long term, however, there is an op- of the fire protection in the 22nd Congres- attributable to a shortage of Federal moneys portunity to expand the options being consid- sional District of New York. to adequately support the 7(a) loan guarantee ered. One of those, in fact one of the best volun- program. The quality of small business guaranteed teer fire companies, is celebrating its 50th an- The President's budget request for fiscal loans have been greatly improved in the past niversary this year. On May 1, 1947, a group year 1997 was for $11 billion in guarantees for few years. of citizens gathered at the old North Hoosick SBA's 7(a) loan program. Substantial user fees are now imposed Schoolhouse on the corner of routes 22 and The House-passed appropriation bill only upon those who participate in these programs. 67 to form the department. For the next 50 provided funding for $7.2 billion. In fact, SBA's major plant and equipment years the North Hoosick Fire Department has The Senate-passed bill provided funding for program, the certified development company provided the communities of North Hoosick, $8.4 billion. programÐwhich is not the one involved in the East Hoosick, and Walloomsac with outstand- And the enacted bill funded $7.8 billion. shortage of fundingÐnow operates without ing fire protection. These volunteer compa- I want to emphasize that these are loan any subsidy from the Federal Government. It nies, Mr. Speaker, save billions of dollars of guarantees. The Federal Government only costs us nothing. property and countless lives every year in spends money to pay claims in the event of The subsidy rate for the 7(a) program has New York State alone. Volunteers are increas- default in repayment of these loans which are also substantially improved. ingly well-trained and professional. But more made by private lending institutions. For the Now is perhaps the time to consider than that, the spirit of volunteerism that they 1997 program, we appropriated $158 million, privatizing these programs. It may be that exhibit is America at its best. Neighbor helping along with usage of $40 million which was 7(a)'s costs can be further reduced. neighbor at the local level. That's what volun- unspent in 1996, in order to support almost $8 It probably is not possible to completely teer fire companies are all about. billion in guarantees. eliminate Federal support all at once. It will Mr. Speaker, I know that all 435 congres- It is now clear that the $8 billion in loan probably take an evolution just as in past dec- sional districts in this great country are guarantees is not sufficient to meet demand, ades SBA lending evolved from direct loans to blessed with their own volunteer firefighters which is estimated at $9.5 to $10 billion. loan guarantees. who do equally fine work. Please join me in In order to prevent the program from run- The evolution from Federal loan guarantees saluting the North Hoosick Fire Department, ning out of money this summer and being to privatization may involve a concept called a so ably led by Chief Alan J. Bornt, and all the forced to close, SBA took administrative action government sponsored enterprise or GSE. other members, and wish them another 50 to limit the size of a loan which it would guar- Simple described, a GSE is a privately owned years of dedicated service to the community. antee. Instead of the statutory maximum of entity which is not part of the Federal budget $750,000 in Federal exposure per borrower, a but which may receive financial assistance in f cap of $375,000 was imposed effective May 5. the future from the Government if the need Unfortunately, the notice of SBA's decision arises and the Government agrees to do so. TRIBUTE TO JO-ANN MAXWELL to impose a cap, which is required by law, GSE's have been used to assist housing. provided lenders with a window to rush They have been used to assist students. They HON. ROBERT E. ANDREWS through most of their pending bigger loans have been used to assist agriculture. and caused what has been termed a ``run on This may also be a useful model to help OF NEW JERSEY the bank.'' small business. Or perhaps a GSE should be IN THE HOUSE OF REPRESENTATIVES As of yesterday, the amount of 7(a) loan used to help at least some small businesses Wednesday, May 21, 1997 guarantees available through the end of this which need a small amount of credit enhance- fiscal year is less than $1.65 billion. This mea- mentÐthat is, a small percentage of the loan Mr. ANDREWS. Mr. Speaker, I rise today to ger amount must stretch over 4 months as needs to be guaranteedÐas compared to honor an individual who has dedicated her life compared to usage of $6 billion in the first 8 other firms which need an 80- or 90-percent to education. I am speaking of Ms. Jo-Ann months. guarantee. Maxwell, who will be retiring on May 22, 1997, It appears certain at this point that even I advanced the privatization concept 20 after a lifetime of exemplary service. though the previously imposed loan cap will years ago. I refined it over the years and spe- Ms. Maxwell has been involved in education reduce demand, it will not have sufficient im- cifically directed it toward small business in since her graduation from Indiana State pact. Additional action must be taken. the late 1980's. It did not receive the nec- Teachers College in 1958. She holds certifi- At this point we cannot engage solely in an essary support. But small business loans were cates in secondary speech and dramatics, exercise in assessing blame and finger point- very different then than now, and we did not secondary English, secondary education, as ing. confront the budget constraints we now do. well as an elementary certificate. Currently, If Congress had appropriated more money A GSE is not a panacea. Establishment Ms. Maxwell is using her skills as a basic as the President requested, we would not be does involve some potential problems. It is, skills instructor for the upper elementary confronted with this problem today. however, worthy of consideration as one of a grades at Erial Elementary School. She has If SBA had reacted more quickly in acting to variety of alternatives, and my resolution sim- shown a deep commitment to passing along dampen demand and live within the budget ply calls for its consideration. the skills that each student will need to be enacted, less severe action would be nec- f successful in the future. For her efforts, Ms. essary. Maxwell received the prestigious honor of The most immediate need is to craft a solu- PENSIONS TO FORMER NAZIS being selected as the 1986±87 Teacher of the tion to small business credit needs, on a short WHILE SURVIVORS GET NOTHING Year. term basis to see us through the end of this All who have known Ms. Jo-Ann Maxwell, year and into next, but also over a longer HON. GARY L. ACKERMAN especially those who have benefited from range. OF NEW YORK knowledge, are honored by her service to their There is a wealth of knowledge available to IN THE HOUSE OF REPRESENTATIVES community. On behalf of all the citizens of examine this problem and develop a solution. New Jersey, I thank and congratulate Ms. We should take full advantage of it. Wednesday, May 21, 1997 Maxwell. We all will miss her remarkable tal- Today, I have introduced a resolution calling Mr. ACKERMAN. Mr. Speaker, I wanted to ents. upon the Administrator of SBA to appoint a take this opportunity to bring to the attention of May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1005 my colleagues a painful reminder of WWII and ployment rate of 5 percent or so. That is, that event that will take place this evening in New- the Nazi Holocaust in Europe. Several months even during times of prosperity and growth ark, NJ. It is the 39th Annual Essex Award ago, it came to light that the German Govern- you would have structural and short-term un- ceremony of the Men of Essex. For 39 years ment was paying military pensions to former employment due to the normal function of the this group of distinguished and dedicated gen- Nazi Waffen S.S. soldiers living in the United labor market, and that the figure was between tlemen, the Men of Essex, has given time, ex- States and elsewhere, while scores of Jewish 5 and 6 percent. pertise and resources to recognize and en- survivors in Eastern Europe and even some in The parameters have changed, and it is the hance the lives of students who have shown the United States have never received any result of actions taken by the Republican Con- outstanding achievement and potential in aca- compensation for the horrors that they en- gress. Welfare reform probably had the largest demic and athletic activities. This evening, four dured. I have spoken out on this subject nu- single impact. As the States implement the of its foundersÐWinfred Gideon III, Hamilton merous times, but I wanted to commend my legislation enacted by Congress, individuals V. Bowser, James Sherman, and J. Garfield colleagues to an ad placed by the American are being weaned off welfare and into paying Jackson, Sr., will be honored. All of these men Jewish Committee in the New York Times on jobs. Over 1.3 million people left the welfare are excellent role models and exemplify what May 7, 1997, which clearly outlines this hor- rolls in 1996, more than 650,000 of them in it means to be of service to one's community. rible and tragically ironic state of affairs. just the last 4 months of the year. When you In 1958 a group of men having a common At the beginning of the ad, two pictures are reform social programs that discourage work, interest in athletics and creating a better displayed: One is of an elderly Jewish man you are bound to get more wage earners. image for the youth of the County of Essex who was a survivor of a Nazi ghetto in East- Then there's immigration reform. With the met to discuss the possibilities of forming an ern Europe, the other is of a man with arm tightening of restrictions on illegal immigration organization whose prime function would be raised in a Hitler salute, who was a soldier of and the termination of benefits like unemploy- that of providing the young athletes in the the Waffen S.S. from Latvia. The headline ment insurance for illegal immigrants, jobs are community with some incentive for achieving asks: ``Guess Which One Receives a War Vic- moving out of the underground economy and both athletic and academic distinction. Follow- tims Pension from the German Government?'' are being filled by legal residents. ing several informal meetings under the lead- The text of the ad follows: In addition, efforts made by Congress to de- ership of Winfred Gideon, with whom I had the If you guessed the survivor, you’re wrong, regulate businesses, promote competition, and pleasure of working with at The Prudential sad to say. While Holocaust survivors in cut government spending are all contributing some years ago, it was agreed that there was other parts of the world are eligible to re- to economic growth. The telecommunications a need for such service and the Men of Essex ceive German pensions, Holocaust survivors and securities reform legislation passed during was born. in Eastern Europe and the former Soviet the 104th Congress are two prime examples Mr. Speaker, that was 40 years ago. Just a Union have never received a pension of any where deregulation is eliminating redtape, ex- few weeks ago there was a summit in Phila- kind from Bonn. Inexplicably, the German panding industries, and putting capital invest- government has simply drawn the line at delphia that focused on volunteer efforts and ment to more efficient use to create jobs. working with youth. I would like to commend providing such direct assistance to this Another factor contributing to the sustained group of survivors. Not so, however, for and thank these men for having such foresight many of the survivors’ former tormentors. economic expansion has been the increase in and remaining focused on such a laudable Believe it or not, the German government international trade. Fully half of U.S. economic and practical mission. provides generous monthly pensions to Nazi growth during the past 5 years has been ex- f war veterans whose injuries or even mild, port growth. Free trade policymaking in Wash- chronic ailments qualify them for ‘‘war vic- ington and a global perspective in Columbus WEST GLENS FALLS, NY, FIRE tims pensions.’’ In the U.S. alone, there are have accrued to the advantage of the Buckeye COMPANY NO. 1 CELEBRATES 3,377 pensions sent each month to veterans of State, where Governor Voinovich has worked 50TH ANNIVERSARY the armies of the Third Reich or their de- to make Ohio one of the top exporting States pendents! After the fall of communism, many Waffen S.S. veterans in the Baltic in the Nation. HON. GERALD B.H. SOLOMON states and elsewhere in Eastern Europe dis- International competition benefits the U.S. OF NEW YORK economy in another important way, by working covered they, too, were eligible and are now IN THE HOUSE OF REPRESENTATIVES receiving such pensions from Germany, while to keep prices down. We truly are part of a their victims are not. Today, an estimated global economy, one result of which is that Wednesday, May 21, 1997 15,000–20,000 Jewish survivors of ghettos and tight labor markets do not necessarily mean Mr. SOLOMON. Mr. Speaker, I have always concentration camps live in Eastern Europe higher prices. been partial to the charm and character of and the former Soviet Union. They are old, What we are experiencing now is record small towns and small town people. That's many are in poor health and financially des- employment without accompanying inflationary why I travel home to my congressional district titute. Surely, they deserve some help and pressures. With the exception of a few sectors comfort in the last years of their lives. Join every weekend, to see the picturesque towns our call to the German government to cor- requiring special skills in short supply, you and scenery that marks the 22d district of New rect this grievous wrong. Bring justice to the have full employment without worker short- York. And my hometown of Queensbury and real victims of the Holocaust. ages. The old notion of what constitutes natu- the Glens Falls community are certainly near f ral unemployment rates needs to be re- and dear to my heart. thought. The Federal Reserve Board was cor- The traits which make me most fond of such RECORD LOW UNEMPLOYMENT rect not to raise interest rates yesterday, and communities is the undeniable camaraderie it should not do so until such time as there is which exists among neighbors. Looking out for HON. MICHAEL G. OXLEY real evidence of inflationary pressure. one another and the needs of the community Finally, because the balanced budget agree- OF OHIO make such places great places to live and ment negotiated by GOP congressional lead- IN THE HOUSE OF REPRESENTATIVES raise a family. This concept of community ers calls for tax cuts for families, capital gains service is exemplified by the devoted service Wednesday, May 21, 1997 tax relief, and reduced government spending, of the West Glens Falls Fire Company No. 1. Mr. OXLEY. Mr. Speaker, in April the na- we can count on lower interest rates, contin- For 50 years now, this organization has pro- tional unemployment rate reached a 24-year ued job growth, and more money in the pock- vided critical services for the citizens on a vol- low of 4.9 percent. Ohio's unemployment rate ets of AmericansÐmore of whom are working unteer basis. As a former volunteer fireman was 4.8 percent for April, according to Ohio than at any time in history. myself, I understand, and appreciate, the com- Bureau of Employment Services statistics re- f mitment required to perform such vital public leased last Friday. Unemployment fell in every THE MEN OF ESSEX—AN duties. one of the counties of Ohio's Fourth Congres- EXTRAORDINARY GROUP It has become all too seldom that you see sional District. Clearly, the Ohio economy is fellow citizens put themselves in harms way very strong, with a robust labor market. for the sake of another. While almost all things For the national unemployment rate to crack HON. DONALD M. PAYNE have changed over the years, thankfully for OF NEW JERSEY the 5 percent floor for the first time since the the residents of my home town, the members IN THE HOUSE OF REPRESENTATIVES Nixon administration signals a fundamental of West Glens Falls Fire Company No. 1 con- change in the labor market. The accepted Wednesday, May 21, 1997 tinue to selflessly perform their duty without economic thinking has been that even a full- Mr. PAYNE. Mr. Speaker, I would like to remiss. I can't say enough about the countless employment economy had a natural unem- draw the attention of my colleagues to an lives and millions of dollars in property they E1006 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 have saved by doing so over the course of wealthy or by those who inherit their posi- This weekend's festivities celebrate the their 50 year history. tions. The voice of the majority is heard and enormously positive influence of Hispanic cul- That's why I am so glad to have this oppor- ruled upon. The laws of the country are gov- ture on the lives of the people of Elizabeth. erned as such. This is government in its tru- tunity to pay tribute to them today. And for that est form, this is democracy. The Elizabeth Waterfront Festival proudly ex- matter, the residents of their community will Now we have ‘O’. For ‘O’ we have obliga- hibits the rich cultural traditions that Hispanics have the opportunity to show their apprecia- tion. This word relates not only to the have brought to the city, and to the Nation. tion at a parade marking this momentous oc- Democratic government, but also to the peo- The artwork, music, dance, and cuisine at the casion on Sunday, June 1, 1997. ple. The government’s first and foremost festival represent the cultural mosaic of Eliza- Mr. Speaker, I have always been one to duty is to do what is right for the people, to beth. judge people by how much they give back to defend and protect their rights and interests. The Elizabeth Waterfront Festival recog- their community. On that scale, the members However, these people, too, are obliged to see nizes the role business can play in helping that the government does these things, to people achieve their true potential and high- of this fire company, both past and present, see that the government is run well and effi- are truly great Americans. I am proud of this ciently. Moreover, it is the people’s obliga- lights the diversity that exists within the His- organization because it typifies the spirit of tion to vote, so that their voice may be panic community. Its success exemplifies the volunteerism which has been such a central heard. For without this very important part beneficial influence public-private partnerships part of American life. We would all do well to of the democratic process it is very hard for can have on a community. In cooperation with emulate the service of the men and women the government, or democracy as a whole, to the city of Elizabeth, sponsors of the festival who comprise Fire Company No. 1 in West be above and beyond all other forms of gov- include major companies such as Anheuser- Glens Falls. To that end, it is with a sense of ernment. Busch, AT&T, Bustelo Coffee, HBO en This brings us now to the letter ‘C’. I found Espanol, Best Foods, and Coca-Cola. Melly pride, Mr. Speaker, that I ask all members to the word ‘change’ to be appropriate for this join me in paying tribute to them on the occa- letter. People crave changes. Democracy Mell Productions is once again producing the sion of their 50th anniversary. gives them that. True, other forms of gov- festival whose local sponsors include the Eliz- f ernment do give change, such as a monarchy, abeth Center at 13A, Twin City Supermarkets, for example, but in a democracy it’s good Mega 97.9 FM Radio, Telemundo 47, TKR TRIBUTE TO ADAM DEFOE change, a change the people want. Also, a Cable of Elizabeth, Union County College, and change that democracy needs, to have fresh First BankAmericano. HON. EARL POMEROY ideas and thoughts in the government. It is The Elizabeth Waterfront Festival observes the people’s responsibility to see that this the cultural and economic role that the His- OF NORTH DAKOTA change is brought forth. IN THE HOUSE OF REPRESENTATIVES Next, we have ‘R’. Resilience. It is my be- panic community plays in Elizabeth and it illus- trates all that the city has to offer. Locating the Wednesday, May 21, 1997 lief that a democratic government is resil- ient. Resilience to change, and to recover festival on the waterfront was an inspired Mr. POMEROY. Mr. Speaker, today I would quickly from these changes that are impera- choice to highlight Elizabeth's business com- like to recognize an impressive young North tive to Democracy. Resilience is also needed munity since the city of Elizabeth's strategic Dakotan. Adam DeFoe of Devils Lake was the to recover quickly from misfortune. The peo- location on New Jersey's coastline makes it a 1997 State winner in the Veterans of Foreign ple in a democratic nation may band to- preferred destination for ships carrying goods Wars' Voice Democracy Broadcast gether more quickly than would other na- from all over the world. tions with other forms of government for the Scriptwriting Contest. Mr. DeFoe's essay is reason that they’ve had to work together in It is an honor to have such an exceptional based on the theme ``DemocracyÐAbove and the past to form and make their democratic event take place in my district. The festival Beyond''. government work and will remain banded to- brings our community together, reflecting posi- I am very excited to see such worthwhile gether in times of disaster. tively on the city of Elizabeth and New Jersey. ideas coming from North Dakota's youth. It is After that comes ‘A’. For ‘A’ we have I am certain my colleagues will rise with me my pleasure to submit Mr. DeFoe's essay for adapt. This word is important to democracy and recognize this wonderful celebration of inclusion in the CONGRESSIONAL RECORD: in that democracy has evolved over time culture, community, and diversity. from other forms of government such as the f DEMOCRACY—ABOVE AND BEYOND caste system. Democracy originated in An- (By Adam DeFoe) cient Greece and has since then adapted and VOLUNTEER MEDICAL SERVICES ‘‘Democracy, above and beyond all other changed to the needs of modern society. ACT forms of government. What exactly does this Moving on now ‘C’, we have culture. A de- phrase mean? To find out, I took each letter mocracy can represent all forms of culture in of democracy and found a word befitting this a nation. It can represent all of the people, HON. JOHN J. DUNCAN, JR. form of government starting with that let- rich or poor, educated or not. This is the es- OF TENNESSEE ter. It is as follows. sence of democracy, representing all walks IN THE HOUSE OF REPRESENTATIVES First of course is ‘D’. I chose two words for of life equally. Favoring no one. Going this letter. The first is dependence. Democ- ‘‘above and beyond all other forms of govern- Wednesday, May 21, 1997 racy stands for dependence upon the people ment’’ in this way. Mr. DUNCAN. Mr. Speaker, a number of or- for an efficient government unit. Dependence Finally we come to the letter ‘Y’. For this ganizations provide volunteer medical services upon the people is the key to democracy, for I have chosen the word ‘yes’. The word ‘yes’ in that I say yes to democracy, a fine gov- without charge to those who might not other- without the people’s say in the government, wise have access to medical care. what kind of government is it? ernment in which people can express their My next word is dauntless. Synonyms for opinions without fear of oppression. A gov- I think all of these people should be com- this word include fearless and bold. A democ- ernment where people can guarantee them- mended for lending a helping hand to their fel- racy is indeed dauntless because it is govern- selves the freedoms they want. Yes, a democ- low man. ment by the people. If the people are in racy, above and beyond all forms of govern- However, many of these organizations have charge, of course they will be bold and fear- ment. I think it’s spelled out quite clearly.’’ been hampered in their efforts because the less. This is what they fought for, went f doctors must have a medical license in each above and beyond their call of duty for, for State in which they volunteer their services. a government that is indeed above and be- A TRIBUTE TO THE ANNUAL ELIZ- The State of Tennessee recognized this prob- yond all others. ABETH WATERFRONT FESTIVAL Next, we have the letter ‘E’. For this letter lem and addressed it by enacting legislation I chose empowerment. Again we come back which will allow any licensed doctor to practice to the people. The people are indeed empow- HON. ROBERT MENENDEZ in the State as long as they are providing ered in Democracy as it is their form of gov- OF NEW JERSEY medical services to the poor at no cost. ernment: ‘‘of the people, by the people, for IN THE HOUSE OF REPRESENTATIVES Unfortunately, the State of Tennessee is the the people’’. Without a government such as a only State in the Union to have this type of democracy, the people would have little or Wednesday, May 21, 1997 law. Therefore, Mr. Speaker, I have introduced no say in the government, as is the case in Mr. MENENDEZ. Mr. Speaker, I rise to pay a bill, House Concurrent Resolution 69, which lower forms of government such as a tyranny or monarchy, where the rule is just by a few tribute to the Annual Elizabeth Waterfront Fes- encourages all States to pass similar legisla- and oftentimes by the least competent few. tival. This 3-day cultural celebration will take tion. We move on now to the letter ‘M’. For this place in my district on May 24±26, 1997, I believe we need to reduce the rules and letter I settled upon majority rule. A democ- along the spacious Veterans Memorial Water- regulations which hinder the efforts of those racy is rule by the majority, not by just the front Park in the city of Elizabeth. who wish to help the less fortunate in our May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1007 Country. House Concurrent Resolution 69 will SECURITIES LITIGATION UNIFORM We have constructed a narrow bill that do just that. STANDARDS ACT OF 1997 seeks to get at the specific problem that has I urge my colleagues to lend their support to been raised. The bill will require class action lawsuits that involve nationally traded securi- House Concurrent Resolution 69 so that vol- HON. ANNA G. ESHOO ties to be heard in Federal court. It does not unteer organizations can provide medical serv- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES cover public class actions or State enforce- ices to those in need. Wednesday, May 21, 1997 ment. It affects only class actions, not all pri- vate actions. Finally, it avoids needless litiga- f Ms. ESHOO. Mr. Speaker, I rise today to in- tion by making removal to Federal courts the troduce the Securities Litigation Uniform procedure by which these cases will be heard. HAPPY 60TH BIRTHDAY FRANCIS Standards Act of 1997. This bipartisan bill will I thank Representative WHITE and each of FRAENKEL finally guarantee a single set of standards for the original cosponsors of this legislation for securities litigation for nationally traded securi- their work and support, and I look forward to ties. the passage of this needed, balanced legisla- This legislation, introduced with Representa- HON. NITA M. LOWEY tion in the 105th Congress. tive RICK WHITE, is a narrowly focused bill that f OF NEW YORK will address a specific problem created by a IN THE HOUSE OF REPRESENTATIVES loophole in the 1995 Securities Litigation Re- PROTECT OUR VOLUNTEERS SO form Act. It does not in any way seek to limit THAT THEY MAY CONTINUE TO Wednesday, May 21, 1997 the ability of States to enforce its laws. The bill SERVE OUR NATION WITHOUT is strictly limited to nationally traded securities Mrs. LOWEY. Mr. Speaker, I wish to honor THE THREAT OF LAWSUITS traded on the American Stock Exchange, the and congratulate Francis Fraenkel on his 60th and NASDAQ. birthday. The legislation clarifies that nationally traded HON. SAM FARR OF CALIFORNIA The name Francis Fraenkel is synonymous securities, whose regulation is a primary re- IN THE HOUSE OF REPRESENTATIVES with success. Francis is currently president of sponsibility of the Federal Government, will be Delta Capital Management, Inc., the invest- subject to Federal securities law, as amended Wednesday, May 21, 1997 ment advisory firm he founded in 1992. Prior by the 1995 Securities Litigation Reform Act. Mr. FARR. Mr. Speaker, I was pleased to to establishing DCM, he served as president Among the major reforms instituted by that law support passage of H.R. 911, the Volunteer were a safe harbor provision that protected of Salomon Brothers Asset Management Inc. Protection Act. forward looking statements, the creation of a and as managing director of Salomon Brothers A Gallup study found that nearly 20 percent single pleading standard that required plaintiffs of all nonprofit organizations in the United Inc. Before joining Salomon Brothers, Francis present some evidence of securities fraud, States have experienced volunteers withhold- served as chairman and chief executive officer and a stay of discovery when a motion to dis- ing service or resigning due to fear of liability of Lehman Management Co., and senior exec- miss is pending. Unless these important re- exposure. utive vice president and director of Lehman's forms are applied across the board, they are I want to clear up some misconceptions parent company, Shearson Lehman Brothers. meaningless. about the bill. H.R. 911 provides only limited Francis earned his undergraduate degree in The need for these reforms was clear. With- tort claim liability protection for nonprofit or out an enforceable safe harbor provision, com- business from Tulane University's School of governmental volunteers acting in good faith panies would continue to fear releasing any Business Administration in 1954, and has re- and within the scope of their duties. forward looking statements that could be mained involved with the school ever since. In H.R. 911 does not shield volunteers from grounds for a meritless suit. Without a single lawsuits for harm caused by willful or criminal recognition of his career accomplishments and standard for pleading, there could be a dif- misconduct. his continued support of the business school, ferent requirement, or no requirement, for a Hate crimes committed by groups or individ- he was honored as Freeman Business plaintiff presenting evidence of grounds for uals are fully liable for their actions and are School's Distinguished Alumnus in 1984. fraud. Finally, without a stay of discovery, not exempt from prosecution under the willful Three years later, he was honored again by companies could be forced to settle out of or criminal misconduct provision. The commit- the school with the first bachelor of Science in court to avoid huge legal fees. tee adopted an amendment clarifying that Management Award for Excellence in Busi- Unfortunately, in the last year, we have groups engaged in activities covered under ness. For the past 17 years, Francis has seen these reforms undermined by a shift to the Hate Crimes Statistics Act are not exempt. served on the Freeman Business School State courts where safe harbor, uniform plead- One might wonder if it is necessary for Con- ing standards, and stay of discovery do not Council, which has given him the opportunity gress to enact legislation to protect volunteers. apply. Two studies, one done by the Securi- to help shape the future of the thousands of It is in the interest of the Federal Government ties and Exchange Commission and one by Freeman graduates who have followed him. to encourage the continued operation of volun- two Stanford professors, have indicated a sig- teer service organizations and contributions of While Francis' commitment to business ex- nificant move to file securities class action in volunteers because the Federal Government cellence is clear, work is not the only thing State courts, and in some cases, filing parallel lacks the capacity to carry out all of the serv- that matters to him. For example, he has vol- cases in both Federal and State courts. ices provided by such organizations and vol- unteered his time at Community Synagogue in Professors Joseph Grundfest and Michael unteers. Rye for years, and served as president from Perino of the Stanford Law School did exten- In the spirit of voluntarism, we must find the 1982±1984. Our community is a better place sive research into the nature of class actions ways and means to make citizen service the because of him. suits filed after the 1995 securities litigation re- common expectation and the common experi- form was implemented. Perhaps most importantly, Francis Fraenkel ence of every American. They found that prior to passage of the This bill will open the door for the many is a dedicated husband and father. He has 1995 reforms filings in State courts of securi- Americans withholding their services due to been married to his wife, Cecele Ross ties class actions were de minimis. In the past fear of exposure to liability suits. I am pleased Fraenkel for 43 years. He is the proud father year 26 percent of class actions involving na- that the House approved H.R. 911 today. of two daughters, Sally Fraenkel Zuch and tionally traded securities were filed in State f Julie Fraenkel Mamis, and the grandfather of Courts. The shift to the State courts has un- Emily and Melanie Zuch and Max Mamis. His dermined the safe harbor provisions to the ex- IN MEMORY OF LT. OWEN EUGENE example sends a message to us all that we tent that corporate heads still avoid forward SWEENEY, JR. need not choose between career and family. I looking statements according to a letter sent know his family is proud. to me by 181 presidents and CEO's of high HON. ROBERT L. EHRLICH, JR. technology companies. Mr. Speaker, on behalf of the friends, col- OF MARYLAND Sixty-one Democrats recognized the need to IN THE HOUSE OF REPRESENTATIVES leagues, and family of Francis Fraenkel, I address this problem when earlier this year we hereby express my heartfelt congratulations sent a letter to President Clinton calling on Wednesday, May 21, 1997 on his 60th birthday and wish him many more him to support legislation to establish uniform Mr. EHRLICH. Mr. Speaker, I rise today to to come. standards. pay tribute to a constituent and fallen hero, Lt. E1008 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 Owen ``Gene'' Sweeney, Jr., of the There were extensive improvements to the turing magic. They attracted a large number of City Police Department. Lieutenant water system, including the construction of a youngsters. The girls reported ``Everything we SweeneyÐa resident of Bel Air, MDÐfell in new sanitary sewer system. Parks and rec- did interested and excited the children; they the line of duty on May 7, 1997. Mere words reational facilities were built for the community wanted to read more books and they now cannot describe the shock and grief felt by his to provide the infrastructure that families need know the library and are planning to come to family, friends, and fellow police officers. to provide wholesome recreation for their chil- their future children's programs.'' Gene Sweeney joined the Baltimore City dren. Jennifer Tobin and Vincenza Tortolano put Police Department in 1968 because he want- Bob Price's activities on behalf of the com- their efforts into making a special place for ed to make a difference. As he worked his munity came in many other forms as well. He some elderly members of their community. way through the ranks, Lieutenant Sweeney was a charter member of the Otisville Jay- The girls designed and established a con- was always willing to accept responsibility. He cees, where he promoted the Jaycee sense of versation garden to give nursing home resi- was a member of the Baltimore City Police encouraging new businesses for the needs of dents and their guests access to sidewalks, Department Homicide Squad, and at one time residents of the community and as a source of shade and beauty, putting in two settees and commanded the Crimes Against Persons Unit. jobs for many residents. His involvement in planting bulbs and a flowering crabapple tree, Throughout his 28 years on the force, Gene other civic and church groups are very well all financed by the girls' sale of handmade Sweeney enjoyed great respect as an excep- known throughout the community, and will cer- cookbooks. To quote the nursing home admin- tional police officer and leader. He was always tainly be highlighted at his retirement celebra- istrator, ``These two young people have there when people needed him, both as a cop tion. earned the respect and appreciation of 125 and as a friend. Those who knew him de- Mr. Speaker, each of us works with our nursing home residents and 160 employees of scribed him best when they said, ``he was a local officials, and I know many of our col- Eden Park.'' class guy.'' leagues have served in that capacity. It is the These four Senior Girl Scouts have earned Gene Sweeney was a devoted husband and most challenging of all public service because my respect and appreciation, too, and I be- father. He and his wife of 25 years, Elaine, you are accessible every moment of every lieve all four of the girls should receive the had two sons, Frank and Eugene. Like many dayÐat the office, in church, at the grocery public recognition due them for such signifi- families, they enjoyed attending Baltimore Ori- store, or at the Little League game. I have cant services to their communities and their oles baseball games and Ravens football great respect for these dedicated individuals. It country. games. Most of Owen's happiest family mo- is why I consider it an honor and a privilege, f ments, however, were spent boating on the Mr. Speaker, to encourage you and all of our beautiful Chesapeake Bay. In fact, Gene colleagues to join me in thanking Robert Price, HONORING CAPTAIN LEROY A. SweeneyÐonly 819 days shy of retirementÐ an outstanding example of local officials, for FARR, A MILITARY AND AMER- had already purchased a boat in anticipation all of the work that he has done, and offering ICAN HERO of his golden years. our best wishes for him as he begins a well- It was dedication to duty and devotion to the earned retirement. HON. CHRISTOPHER H. SMITH officers he commanded that took Lieutenant f OF NEW JERSEY Sweeney on his last call. Lt. Owen Eugene IN THE HOUSE OF REPRESENTATIVES TRIBUTE TO FOUR GIRL SCOUT Sweeney, Jr., was mortally wounded while try- Wednesday, May 21, 1997 ing to help his fellow officers. Ironically, Gene GOLD AWARD RECIPIENTS Sweeney's death came only a few days before Mr. SMITH of New Jersey. Mr. Speaker, I ``Fallen Heroes Day,'' a day on which the citi- HON. BERNARD SANDERS rise today to honor a friend and a true military zens of Maryland annually commemorate OF VERMONT giant, an American heroÐU.S. Navy Captain those who have laid down their lives in the IN THE HOUSE OF REPRESENTATIVES Leroy Farr. Captain Farr is retiring from the Navy after performance of their duties. His death was a Wednesday, May 21, 1997 stark reminder of the price these brave souls 30 years of service to our country. As a test have paid. Mr. SANDERS. Mr. Speaker, today I would pilot, landing signal officer, operations and I want to offer my deepest sympathy to like to salute four outstanding young women maintenance officer, squadron commanding Lieutenant Sweeney's family, his friends, and who are being presented with the Girl Scout officer, air boss, program manager, and in- the men and women of the Baltimore City Po- Gold Award by the Vermont Girl Scout Coun- spector general, Captain Farr has a record in lice Department. Gene will be dearly missed, cil. They are Melissa D. Jones and Tina M. naval aviation that is second to none. but never forgotten. Newell of Senior Girl Scout Troop 707 in In 30 years Captain Farr has racked up nu- f Vergennes, VT and Jennifer R. Tobin and merous accomplishments but one of the great- Vincenza Tortolano of Senior Girl Scout Troop est achievements in his distinguished record is THANK YOU, ROBERT PRICE 817 in Rutland, VT. They are being honored the quiet but critical role he played in helping on May 29, 1997 for earning the highest to save a strategic military assetÐthe Naval HON. JAMES A. BARCIA achievement award in U.S. Girl Scouting. Air Warfare Center Aircraft Division in OF MICHIGAN The Girl Scout Gold Award symbolizes out- Lakehurst, NJ. IN THE HOUSE OF REPRESENTATIVES standing accomplishments in the areas of Lakehurst, Mr. Speaker, is the heart of leadership, community service, career plan- naval aviation. It is a unique, one-of-its-kind, Wednesday, May 21, 1997 ning, and personal development. The award world-class facility whose primary function is Mr. BARCIA. Mr. Speaker, many of the can be earned by girls aged 14 to 17, or in to ensure that aircraft safely launch and re- communities throughout our great Nation are grades 9 to 12. To receive the award, these cover from the deck of a carrier or other plat- blessed with great local governments. And the Girl Scouts first earned four interest project form, and that support equipment assist in the reason these governments are great is be- patches, the career exploration pin, the Senior service of planes, parts, and ordinance at sea. cause they have been led by wonderful, dedi- Girl Scout leadership award and the Senior The safety and success of every single naval cated people like Robert Price, the president Girl Scout challenge as well as designing and aircraft depends on the work and skill housed of the village of Otisville, who is retiring after implementing a Girl Scout Gold Award project at Navy Lakehurst. 36 productive years in office. He is being hon- to meet a special need in their communities. Despite its military value, the Department of ored by the village with a retirement celebra- As members of the Vermont Girl Scout Defense erroneously targeted Navy Lakehurst tion on May 31. Council, Melissa Jones and Tina Newell first for closureÐand then for a radical realign- Bob first served his community as a mem- earned badges in understanding yourself and ment. As part of the realignment scenario, the ber of the board of review, appeals and plan- others, child care, games, creative writing, and critical manufacturing, design, and research ning, beginning in 1958. He then in 1961 reading. The girls then combined their efforts that goes on at Lakehurst was to be split apart began 8 years of service as a member of the in a project to combat illiteracy. They designed and relocated at other bases. village council. Since 1969, he has been the a series of three workshops for young children Knowing that we had to act quickly to re- village president. about the magic of books which they put on at spond to this disaster, I immediately called to- He will leave behind him a legacy of accom- their local town library. The workshops fea- gether business and community leaders to dis- plishment. The village grew during his time of tured a magician, hired with moneys the girls cuss a plan to defend our base. We formed leadership, and many services had to be up- raised themselves, magic tricks and crafts the Save Lakehurst Committee and organized graded to provide for the increased demands. taught by the girls and wonderful stories fea- a massive effort to save Navy Lakehurst. But May 21, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E1009 without reliable facts and figures, our effort It has been my distinct honor and privilege As a result of these changes, Puerto Rico would have been for naught. to have worked with Captain Farr and I know now has no Federal economic incentives to at- As commanding officer of Lakehurst, Cap- I speak not only for myself but for all who sup- tract new business. Further, companies sub- tain Farr was undoubtedly between a rock and port Navy Lakehurst and are dedicated to a ject to the 10-year phase out may not, without a hard place. He knew the facts; he knew the strong, capable military defense when I say losing all of their incentives, introduce new figures. But as a Navy officer, Captain Farr that we will sincerely miss you and your brand lines of business. could not and would not violate his chain of of military leadership. Our gratitude for your The 1996 tax bill enacted a number of spe- command. At the same time, as a Captain, a dedication, contribution, and success is im- cial tax incentives for small businesses and pilot, a former air boss, and the current com- measurable. tax credits for both small and large compa- manding officer of Navy Lakehurst, Captain We wish you the absolute best in your fu- nies. The 1996 small business tax credits Farr knew better than anyone just how dev- ture endeavors with your wife Barbara and were intended to help companies offset an in- astating the close Lakehurst scenario would your children, Patty, Sherry, and AndrewÐ crease in the minimum wage. Ironically, while be for national security and pilot safety. you, Captain, have earned it. employers in Puerto Rico are subject to the It was an unusual situation where one's own f minimum wage, they also saw the elimination military command was supporting a plan not in of their Federal economic incentives. the best interest of the military. A predicament CONCURRENT RESOLUTION ON These changes present the Government of in which a man of less character, less cour- THE BUDGET, FISCAL YEAR 1998 Puerto Rico with a serious threat to its goal of age, less fortitude and less grit might decide SPEECH OF expanding private sector employment while re- to look the other wayÐand let the chips fall ´ ducing the size and cost of both Government where they may. But not Leroy Farr. HON. JOSE E. SERRANO and welfare. Without any economic incentives Captain Farr drew strength from his own OF NEW YORK for new job creation or investment, it will be personal skills and attributes enabling him to IN THE HOUSE OF REPRESENTATIVES difficult to stop employers from leaving the is- strike a balance between the plans of his Pen- Tuesday, May 20, 1997 land for foreign locations. tagon and the needs of his Nation. I remem- ber his wife, Barbara, telling me just how The House in Committee of the Whole Moreover, without any incentives, the Puerto House on the State of the Union had under much he grieved for the future of Navy Rican economy, where per capita income is consideration the concurrent resolution (H. less than 30 percent of the United States Lakehurst and the future of any pilot who Con. Res. 84) establishing the Congressional might fly off an aircraft carrier without the sup- budget for the U.S. Government for the fiscal mainland, and where unemployment is two to port of the skilled workers and artisans at year 1998 and setting forth appropriate budg- three times the average in the States, cannot Navy Lakehurst. etary levels for fiscal years 1999, 2000, 2001, possibly catchup; it can only fall further be- I had the good fortune of sitting in on Cap- and 2002. hind, with implications for state and Federal tain Farr's many briefings when BRAC officials Mr. SERRANO. Mr. Chairman, Governor balanced budget goals. would come to the base to see for themselves Rossello has proposed an economic growth The D'Amato-Moynihan bill would modify what went on at Navy Lakehurst. It was in incentive for Puerto Rico that would encour- the wage credit in section 30A to: (1) Apply to these skillful presentations that Captain Farr age U.S. companies to stay and expand on new business; (2) eliminate the ``cap'' limita- laid the groundwork for the ultimate reversal of the island. This program has been endorsed tions that were put in place last year; and (3) the close Lakehurst scenario. Captain Farr by the President and has received bipartisan remain in effect until Puerto Rico increases its was informed, clear, concise, fair, direct, hon- support in Congress. Senators D'AMATO and economic performance. These modifications est, sincere, and always careful to never pub- MOYNIHAN have introduced legislation in the would be made without reducing in any way licly repudiate 's plans. Senate to implement this proposal. It is a pri- the economic incentives that apply to existing Yet, on those critical points and questions ority of most of the Hispanic Members of Con- business operations in Puerto Rico that are when the facts simply did not fit the Penta- gress. This has the unified support of the pub- being phased out. gon's proposal, Captain Farr was sure to let lic and private sectors in Puerto Rico. This job There are compelling reasons to act now. the facts speak for themselves. creation incentive should be included in legis- Most importantly, we should not wait until And the facts spoke volumes. Each fact in- lation being considered this year to spur eco- there are visible declines in the Puerto Rican troduced or underscored in a Captain Farr nomic growth for the Nation as a whole. economy. These job creation incentives take briefing became amplified by our community Puerto Rico has paid a very high price this time to generate results, and Puerto Rico effort. We catapultedÐto coin a phraseÐthe decade to fund legislation which expanded ex- needs results now. Deferring this program until information to the BRAC Commission who in isting economic incentives or created new all incentives for existing operations terminate turn were persuaded not by rhetoric but by ones from which it will not benefit. In the 1993 is like playing Russian roulette with the 4 mil- dataÐreal hard evidence. They reversed the budget bill, for example, business operations lion Americans in Puerto Rico. Pentagon proposal and secured the future of in Puerto Rico saw a net tax increase of al- Navy Lakehurst and naval aviation and the most $4 billion, while individuals and busi- As time goes by the cost of providing new safety of every Navy pilot. nesses on the mainland enjoyed $25 billion in economic incentives for Puerto Rico will in- Captain Farr's love of his country and love new or expanded tax benefits. crease, especially as the negative impact of of his militaryÐand his ability to withstand the In 1996, Congress again increased taxes on the 1996 tax law changes are felt. It will be far heatÐenabled him to educate and guide all of commerce in Puerto Rico by $11 billion while less expensive to keep companies in Puerto us who could openly and publicly challenge reducing taxes on mainland businesses and Rico by acting now, rather than to try and get the Pentagon on the basis of military value individuals by $30 billion. The 1996 changes them back after they leave. and pilot safety. He did it not in a brash, self- are especially harmful to economic growth in Moreover, should Congress and the Presi- promoting, self-serving or destructive manner Puerto Rico. In effect, Congress eliminated al- dent agree on a long-term budget plan this but with class, dignity, firmness, integrity, together the Federal economic incentives that year, it is unlikely that a major budget or tax valor, and resolve. And in this effort Captain help attract companies to the island. Sections vehicle will be considered for some time to Farr demonstrated that he is the personifica- 936 and 30A of the Internal Revenue Code come. As a result, this may be the last best tion of what our future military leaders should will continue for ten years but at a significantly opportunity to act. always strive to be: brave, decent, honorable reduced level and only for companies and It is in the national interest to establish leaders who put the safety of the Nation at the lines of business that were already on the is- these economic growth incentives for Puerto forefront of every decision. land on October 13, 1995. Rico this year. E1010 CONGRESSIONAL RECORD — Extensions of Remarks May 21, 1997 SENATE COMMITTEE MEETINGS Small Business JUNE 12 To hold hearings to examine small busi- 9:30 a.m. Title IV of Senate Resolution 4, ness perspectives on mandates, paper- Energy and Natural Resources work, and regulation. agreed to by the Senate on February 4, To resume a workshop to examine com- SR–428A 1977, calls for establishment of a sys- petitive change in the electric power 10:00 a.m. tem for a computerized schedule of all Appropriations industry, focusing on the benefits and meetings and hearings of Senate com- Defense Subcommittee risks of restructuring to consumers mittees, subcommittees, joint commit- To hold hearings on proposed budget es- and communities. tees, and committees of conference. timates for fiscal year 1998 for the De- SH–216 This title requires all such committees partment of Defense. SD–192 to notify the Office of the Senate Daily JUNE 16 Digest—designated by the Rules Com- 2:00 p.m. mittee—of the time, place, and purpose JUNE 5 Special on Aging of the meetings, when scheduled, and 9:00 a.m. To hold hearings to examine the problem any cancellations or changes in the Agriculture, Nutrition, and Forestry of pension miscalculations, focusing on meetings as they occur. To hold hearings to examine instances of methods for educating people on the contaminated strawberries in school steps they can take to protect them- As an additional procedure along lunches. selves and their pension benefits. with the computerization of this infor- SR–332 SD–628 mation, the Office of the Senate Daily 10:00 a.m. Digest will prepare this information for Appropriations Legislative Branch Subcommittee JULY 23 printing in the Extensions of Remarks To hold hearings on proposed budget es- 9:00 a.m. section of the CONGRESSIONAL RECORD timates for fiscal year 1998 for the Li- Finance on Monday and Wednesday of each brary of Congress, General Accounting week. Office, and the Government Printing International Trade Subcommittee Office. To hold hearings with the Caucus on Meetings scheduled for Thursday, S–128, Capitol International Narcotics Control on the May 22, 1997, may be found in the Daily threat to U.S. trade and finance from Digest of today’s RECORD. drug trafficking and international or- JUNE 10 ganized crime. MEETINGS SCHEDULED 9:30 a.m. SD–215 Energy and Natural Resources Water and Power Subcommittee To hold hearings on miscellaneous water JULY 30 JUNE 3 and power measures, including S. 439, 9:00 a.m. 9:30 a.m. H.R. 651, H.R. 652, S. 725, S. 736, S. 744, Finance Commerce, Science, and Transportation and S. 538. International Trade Subcommittee Communications Subcommittee SD–366 To resume hearings with the Caucus on To resume hearings to examine the Fed- 10:00 a.m. International Narcotics Control on the eral Communications Commission im- Appropriations threat to U.S. trade and finance from plementation of the Telecommuni- Legislative Branch Subcommittee drug trafficking and international or- cations Act of 1996, focusing on efforts To hold hearings on proposed budget es- to implement universal telephone serv- timates for fiscal year 1998 for the of- ganized crime. ice reform and FCC proposals to assess fices of the Secretary of the Senate, SD–215 new per-minute fees on Internet service Senate Sergeant at Arms, and the Ar- providers. chitect of the Capitol. SR–253 S–128, Capitol POSTPONEMENTS JUNE 4 JUNE 11 9:00 a.m. 9:30 a.m. MAY 22 Judiciary Energy and Natural Resources To hold oversight hearings on the Fed- To hold oversight hearings on the State- 2:00 p.m. eral Bureau of Investigation, Depart- side of the Land and Water Conserva- Governmental Affairs ment of Justice. tion Fund. International Security, Proliferation and SD–226 SD–366 Federal Services Subcommittee 9:30 a.m. 10:00 a.m. To hold hearings to examine Russian Environment and Public Works Appropriations case studies on proliferation. To hold hearings on the nomination of Defense Subcommittee SD–342 Michael J. Armstrong, of Colorado, to To hold hearings on proposed budget es- be an Associate Director of the Federal timates for fiscal year 1998 for the De- Emergency Management Agency. partment of Defense. SD–406 SD–192 Wednesday, May 21, 1997 Daily Digest

HIGHLIGHTS House Committees ordered reported 10 sundry measures. Senate the activities of volunteers, clearing the measure for Chamber Action the President. Pages S4915±18 Routine Proceedings, pages S4781–S4923 Concurrent Budget Resolution: Senate continued Measures Introduced: Eight bills and two resolu- consideration of S. Con. Res. 27, setting forth the tions were introduced as follows: S. 771–778 and S. congressional budget for the United States govern- Res. 88 and 89. Pages S4878±79 ment for fiscal years 1998, 1999, 2000, 2001, and Measures Reported: Reports were made as follows: 2002, taking action on amendments proposed there- S. 459, to amend the Native American Programs to, as follows: Pages S4782±S4849, S4851±76, S4920 Act of 1974 to extend certain authorizations, with Adopted: an amendment in the nature of a substitute. (S. By 98 yeas to 2 nays (Vote No. 75), Domenici Rept. No. 105–20) Page S4878 Modified Amendment No. 307, to clarify the use of Measures Passed: funds for health coverage for eligible children. Majority Party Committee Appointments: Senate Pages S4810±27 agreed to S. Res. 89, to constitute the majority par- Kerrey Amendment No. 312, to express the sense ty’s membership on the Governmental Affairs com- of the Senate on the need for long-term entitlement mittee for the 105th Congress, or until their succes- reforms. Pages S4830±31 sors are chosen. Page S4915 Gramm Modified Amendment No. 317, to ex- Congressional Gold Medal to Mother Teresa: press the sense of the Senate on disaster assistance Senate passed H.R. 1650, to authorize the President funding. Pages S4834, S4847±48 to award a gold medal on behalf of the Congress to Brownback/Kohl Amendment No. 329, to express Mother Teresa of Calcutta in recognition of her out- the sense of the Senate on enforcement of the bipar- standing and enduring contributions through hu- tisan budget agreement. Pages S4848±49 manitarian and charitable activities, clearing the By a unanimous vote of 98 yeas (Vote No. 78), measure for the President. Pages S4918±19 Mack Amendment No. 315, to express the sense of Authorizing Use of Capitol Grounds: Senate the Senate that the Federal commitment to bio- agreed to H. Con. Res. 67, authorizing the 1997 medical research should be doubled over the next 5 Special Olympics Torch Relay to be run through the years. Pages S4833±34, S4861±69 Capitol Grounds. Page S4919 Domenici (for Feinstein) Amendment No. 341, to express the sense of the Senate that certain elderly New Mexico Trust Fund Protection: Senate passed S. 430, to amend the Act of June 20, 1910, legal aliens should continue to receive benefits dur- to protect the permanent trust funds of the State of ing a redetermination transition period. New Mexico from erosion due to inflation and mod- Pages S4869±70 ify the basis on which distributions are made from Domenici (for Coverdell) Amendment No. 342, to those funds. Page S4919 express the sense of the Senate regarding retroactive taxes. Pages S4870±71 Volunteer Protection Act: Senate concurred in the Domenici (for Dorgan/Hollings/Daschle) Amend- amendment of the House to S. 543, to provide cer- ment No. 343, to express the sense of the Senate on tain protections to volunteers, nonprofit organiza- tions, and government entities in lawsuits based on Social Security and balancing the budget. Page S4871

D516 May 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D517 Domenici (for Daschle/Rockefeller) Amendment Kerry Amendment No. 309, to allocate funds for No. 344, to express the sense of the Senate in sup- early childhood development programs for children port of sufficient funding for veterans programs and ages zero to six. Pages S4829±30 benefits. Pages S4871±72 Dorgan Amendment No. 310, to express the sense Domenici (for Murray) Amendment No. 345, to of the Senate that the Congress should continue ef- express the sense of Congress concerning domestic forts to reduce the on-budget deficit without count- violence. Page S4872 ing Social Security surpluses. Page S4830 Rejected: Warner/Baucus Amendment No. 311, to ensure Hatch/Kennedy Amendment No. 297, to increase that transportation revenues are used solely for trans- the excise taxes on tobacco products for the purpose portation. Page S4830 of providing affordable health coverage for low- and Wellstone Amendment No. 313, to provide for moderate-income uninsured children and for addi- increases in funding for Headstart and Early Start, tional deficit reduction. (By 55 yeas to 45 nays (Vote child nutrition programs, and school construction, No. 76), Senate tabled the amendment.) which will be paid for by reducing tax benefits to Pages S4782±S4828 the top 2 percent of income earners in the United Gramm Amendment No. 318, to hold nondefense States as well as by reducing tax benefits that are discretionary spending for fiscal years 1998 through characterized as corporate welfare or tax loopholes. 2002 to the same levels proposed in the President’s Pages S4832±33 fiscal year 1997 budget request. (By 68 yeas to 31 Wellstone Amendment No. 314, to provide that nays (Vote No. 77), Senate tabled the amendment.) Pell Grants for needy students should be increased. Pages S4834±44, S4846 Page S4833 Pending: Abraham Amendment No. 316, to express the Murray/Wellstone Amendment No. 291, to ex- sense of the Senate that, to the extent that future press the sense of the Congress concerning domestic revenues exceed the revenue aggregates, those addi- violence. Pages S4831±32 tional revenues should be reserved for deficit reduc- Inhofe Amendment No. 301, to create a point of tion and tax cuts only. Page S4834 order against any budget resolution for fiscal years Gramm Amendment No. 319, to ensure that the after 2001 that causes a unified budget deficit for discretionary limits provided in the budget resolu- the budget year or any of the 4 fiscal years following tion shall apply in all years. Pages S4834±35 the budget year. Page S4829 Gramm Amendment No. 320, to ensure that the Hollings Amendment No. 302, to express the 4.3 cents federal gas tax increase enacted in 1993 sense of the Senate that the Highway Trust Fund will be transferred to the Highway Trust Fund. should not be taken into account in computing the Pages S4834±35 deficit in the budget of the United States. Faircloth Amendment No. 321, to express the Page S4828 sense of the Senate that a non-refundable tax credit Hollings Amendment No. 303, to express the for the expenses of an education at a 2-year college sense of the Senate that the Airport and Airway should be enacted. Page S4839 Trust Fund should not be taken into account in Ashcroft Amendment No. 322, to add enforce- computing the deficit in the budget of the United ment mechanisms to reflect the stated commitment States. Pages S4828±29 to reach a balanced budget in 2002, to maintain a Hollings Amendment No. 304, to express the balanced budget thereafter, and to achieve these sense of the Senate that the Military Retirement goals without raising taxes. Pages S4839±40 Trust Funds should not be taken into account in Ashcroft Amendment No. 323, to limit increases computing the deficit in the budget of the United in the statutory limit on the debt to the levels in States. Pages S4828±29 the budget resolution. Page S4840 Hollings Amendment No. 305, to express the Bond Amendment No. 324, to express the sense sense of the Senate that the Civil Service Retirement of the Senate regarding the protection of children’s Trust Funds should not be taken into account in health. Page S4844 computing the deficit in the budget of the United Bond Amendment No. 325, to express the sense States. Pages S4828±29 of the Senate concerning the Highway Trust Fund. Hollings Amendment No. 306, to express the Page S4844 sense of the Senate that the Federal Unemployment McCain/Hollings Amendment No. 326, to express Compensation Trust fund should not be taken into the sense of the Senate that the Congress shall take account in computing the deficit in the budget of such steps as necessary to reconcile the difference be- the United States. Pages S4828±29 tween actual revenues raised and estimates made and D518 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1997 shall reduce spending accordingly if Spectrum Auc- and that non-defense discretionary spending be kept tions raise less revenue than projected. Page S4845 at a freeze baseline level. Pages S4872±73 McCain/Mack Amendment No. 327, to express Domenici (for Coverdell) Amendment No. 347, to the sense of the Senate with respect to certain high- provide for parental involvement in prevention of way demonstration projects. Page S4845 drug use by children. Pages S4872±73 McCain Amendment No. 328, to express the Domenici (for Kyl) Amendment No. 348, to ex- sense of the Senate that the revenues generated to fi- press the sense of the Senate that the budget resolu- nance an intercity passenger rail fund under section tion agreement does not foreclose the possibility of 207 should not be appropriated before enactment of Congress adopting additional tax cuts in the future, legislation to reauthorize and reform the National so long as they are paid for. Pages S4872±73 Rail Passenger Corporation. Page S4845 Domenici (for Snowe/Coverdell) Amendment No. Brownback/Kohl Amendment No. 329, to express 349, to express the sense of the Senate relative to the sense of the Senate on enforcement of the bipar- higher education tax relief and higher education ex- tisan budget agreement. penses. Pages S4873±74 Bumpers Amendment No. 330, to delay the effec- Lautenberg (for Harkin) Amendment No. 350, to tiveness of the tax cuts assumed in the Budget Reso- express the sense of the Senate supporting an in- lution until the Federal budget is balanced. crease in funding for defense 050 account funds Page S4847 dedicated for medical research. Pages S4874±75 Bumpers Amendment No. 331, to ensure that the Lautenberg (for Harkin/Bingaman) Amendment Medicare cuts that will be enacted are not used to No. 351, to reduce the incentives to use tax gim- pay tax cuts and that instead the tax cuts are com- micks that artificially increase revenues in 2002 in pletely paid for by the closure of tax loopholes. ways that make balancing the deficit more difficult Page S4847 after 2002. Pages S4874±75 Bumpers Amendment No. 332, to express the Lautenberg (for Kohl/Kerry) Amendment No. sense of the Senate that no budget reconciliation bill 352, to express the sense of the Senate on early shall increase the Federal deficit. Page S4847 childhood education. Pages S4874±75 Lautenberg (for Moseley-Braun) Amendment No. Lautenberg (for Byrd) Amendment No. 353, to 333, to express the sense of the Senate regarding the expand opportunities to access funding in the High- Pages S4846±47 use of budget savings. way Reserve fund. Pages S4874±75 Lautenberg (for Moseley-Braun) Amendment No. Lautenberg (for Biden) Amendment No. 354, to 334, to express the sense of the Senate regarding the express the sense of the Senate regarding the exten- value of the social security system for future retirees. sion of the Violent Crime Reduction Trust Fund Pages S4846±47 through fiscal year 2002. Pages S4874±75 Lautenberg (for Dodd) Amendment No. 335, to Lautenberg (for Boxer) Amendment No. 355, to ensure that the concurrent resolution conforms with express the sense of the Senate regarding tax cut the bipartisan budget agreement to restrict revenue benefits. Pages S4874±76 reductions over a the ten-year period. Pages S4846±47 Robb Amendment No. 356, to express the sense Moseley-Braun Amendment No. 336, to provide of the Senate on Social Security and retirement sav- $5 billion for school repair, renovation, moderniza- ings. Page S4920 tion, and construction priorities, offset by closing tax Withdrawn: loopholes. Pages S4852±60 Specter Amendment No. 338, to provide for a re- Jeffords Motion to recommit the resolution to the duction in mandatory spending and an increase in Committee on the Budget with instructions to re- discretionary spending relating to children’s health. port back forthwith with the following amendment: Pages S4906±07 Jeffords/Coats Amendment No. 337 (to the Mo- Specter Amendment No. 339, to provide for a re- tion to recommit), to strike the reconciliation in- duction in mandatory spending and an increase in struction for the Committee on Labor and Human discretionary spending relating to children’s health. Resources, and adjust the reconciliation instructions Pages S4906±07 for the Committee on Finance to reflect an increase Specter Amendment No. 340, to restore funding in revenues. (The amendment fell when the motion within the discretionary health function to maintain to recommit was withdrawn.) Pages S4860±61 progress in medical research, offset by reductions in A unanimous-consent agreement was reached pro- Federal agency administrative costs. Pages S4906±07 viding for further consideration of the bill on Thurs- Domenici (for Grams) Amendment No. 346, to day, May 22, 1997. Page S4875 require that the $225 billion CBO revenue receipt Nominations Confirmed: Senate confirmed the fol- windfall be used for deficit reduction and tax relief, lowing nominations: May 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D519 52 Air Force nominations in the rank of general. Dennis J. Reimer, USA, Chief of Staff, United States Pages S4919±20, S4923 Army; Adm. Jay L. Johnson, USN, Chief of Naval Messages From the House: Pages S4877±78 Operations; Gen. Charles C. Krulak, USMC, Com- mandant, United States Marine Corps; and Gen. Measures Referred: Page S4878 Ronald R. Fogleman, USAF, Chief of Staff, United Measures Placed on Calendar: Page S4878 States Air Force. Measures Read First Time: Page S4878 TRANSPORTATION MANAGEMENT Communications: Page S4878 REFORM Executive Reports of Committees: Page S4878 Committee on Commerce, Science, and Transportation: Committee concluded hearings to examine certain Statements on Introduced Bills: Pages S4879±98 management and program areas in need of reform to Additional Cosponsors: Page S4898 improve efficiency and effectiveness at the Depart- Amendments Submitted: Pages S4898±S4910 ment of Transportation, after receiving testimony from Raymond J. DeCarli, Associate Deputy Inspec- Notices of Hearings: Page S4910 tor General, and Mortimer L. Downey, Deputy Sec- Authority for Committees: Page S4910 retary, both of the Department of Transportation; Additional Statements: Pages S4910±15 and John H. Anderson, Jr., Director, Transportation Issues, Resources, Community, and Economic Devel- Record Votes: Four record votes were taken today. opment Division, General Accounting Office. (Total—78) Pages S4827±28, S4846, S4868 BUSINESS MEETING Adjournment: Senate convened at 9:30 a.m., and Committee on Energy and Natural Resources: Committee adjourned at 10:50 p.m., until 9:30 a.m., on Thurs- ordered favorably reported the following measures: day, May 22, 1997. (For Senate’s program, see the S. 417, authorizing funds for energy conservation remarks of the Acting Majority Leader in today’s programs under the Energy Policy and Conservation Record on page S4920.) Act, with an amendment in the nature of a sub- stitute. (As approved by the committee, the amend- ment authorizes funds for the Strategic Petroleum Committee Meetings Reserve through fiscal year 2000, and United States’ (Committees not listed did not meet) participation in the International Energy Agency through fiscal year 2002); APPROPRIATIONS—DEFENSE S. 210, to make technical and other changes to Committee on Appropriations: Subcommittee on Defense the Organic Act of Guam, the Revised Organic Act held hearings on proposed budget estimates for fiscal of the Virgin Islands, and the Compact of Free Asso- year 1998 for the Department of Defense, focusing ciation Act, and to return excess Federal land to the on Air Force programs, receiving testimony from people of Guam, with an amendment in the nature Sheila E. Widnall, Secretary of the Air Force; and of a substitute; Gen. Ronald R. Fogleman, Chief of Staff of the Air H.R. 649, to amend sections of the Department Force. of Energy Organization Act that are obsolete or in- Subcommittee will meet again on Wednesday, consistent with other statutes and to repeal a related June 4. section of the Federal Energy Administration Act of 1974; and NOMINATIONS S. Res. 57, to support the work of the National Committee on Armed Services: Committee ordered favor- Lewis and Clark Bicentennial Council and all the ably reported 1,121 routine military nominations in Federal, State, and local entities and other interested the Air Force, Navy, Marine Corps, and Army Re- groups that are preparing bicentennial activities to serve. celebrate the 200th anniversary of the Lewis and QUADRENNIAL DEFENSE REVIEW Clark Expedition during the years 2004 through 2006. Committee on Armed Services: Committee concluded hearings to examine the Department of Defense HISTORIC SITES/MEMORIALS Quadrennial Defense Review which relates to the Committee on Energy and Natural Resources: Sub- shape, makeup, characterization, and the implemen- committee on National Parks, Historic Preservation tation of American armed forces for the next several and Recreation concluded hearings on S. Res. 57, to years, focusing on its impact on the future years de- support the commemoration of the bicentennial of fense program, after receiving testimony from Gen. the Lewis and Clark Expedition, S. 231, to establish D520 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1997 the National Cave and Karst Research Institute in to promote the adoption of children in foster care, New Mexico to further the study of the physical, ge- receiving testimony from Senator DeWine; Rep- ological, and biological aspects of caves, S. 312, to resentatives Kennelly and Camp; Chief Justice Mar- revise the boundary of the Abraham Lincoln Birth- garet L. Workman, West Virginia Supreme Court of place National Historic Site in Larue County, Ken- Appeals, Charleston; Susan Badeau, National Adop- tucky, S. 423, to grant a three-year extension to the tion Center, Philadelphia, Pennsylvania, on behalf of Board of Regents of Gunston Hall to establish a me- the Voice for Adoption; Sister Rose Logan, Astor morial to honor George Mason in the District of Co- Home for Children, Rhinebeck, New York, on be- lumbia, S. 669, to provide for the acquisition of the half of Catholic Charities USA; and Gary J. Stangler, Plains Railroad Depot at the National Missouri Department of Social Services, Jefferson Historic Site in Georgia, and S. 731, to grant a five- City, on behalf of the American Public Welfare As- year extension for construction of the National Peace sociation. Garden memorial in the District of Columbia, after Hearings were recessed subject to call. receiving testimony from Katherine H. Stevenson, Associate Director for Cultural Resources Steward- U.S.-CHINA TRADE ENFORCEMENT ship and Partnerships, National Park Service, De- Committee on Foreign Relations: Committee concluded partment of the Interior. hearings to examine the status of United States en- NOMINATION forcement of laws and regulations prohibiting the importation of prison-made products manufactured Committee on Finance: Committee concluded hearings in the People’s Republic of China, after receiving on the nomination of Robert S. LaRussa, of Mary- testimony from James E. Johnson, Assistant Sec- land, to be Assistant Secretary of Commerce for Im- retary for Enforcement, and George J. Weise, Com- port Administration, after the nominee, who was in- missioner, U.S. Customs Service, both of the Depart- troduced by Senator D’Amato and Representative ment of the Treasury; Jeffrey A. Bader, Deputy As- Levin, testified and answered questions in his own sistant Secretary of State for East Asian and Pacific behalf. Affairs; Jeffrey L. Fiedler, Food and Allied Service MEDICARE REFORM Trades Department (AFL–CIO), and Maranda Yen Committee on Finance: Committee held hearings to ex- Shieh, Greater Washington Network for Democracy amine the applicability of the Federal Employees in China and Friends of Hong Kong and Macao As- Health Benefits Program (FEHBP) as a model for re- sociation, both of Washington, D.C.; Harry Wu, form of the Medicare program, receiving testimony Laogai Research Foundation, Milpitas, California; from Senators Gregg and Wyden; Stuart M. Butler, Peter B. Levy, Labelon/Noesting Company, Mt. Ver- Heritage Foundation, Robert D. Reischauer, Brook- non, New York; and Fu Shenqi, New York, New ings Institution, and Edwin C. Hustead, Hay Group, York. all of Washington, D.C.; Kenneth E. Thorpe, Tulane NATIVE AMERICAN VETERANS University School of Public Health and Tropical Medicine, New Orleans, Louisiana; Richard V. An- Committee on Indian Affairs: Committee held over- derson, Kaiser Permanente, Oakland, California; and sight hearings to review Federal services and benefits Peter Wyckoff, Minnesota Senior Federation-Metro- designed to assist Native American veterans, receiv- politan Region, St. Paul, on behalf of the National ing testimony from Jesse Brown, Secretary of Veter- Council on the Aging and the National Coalition of ans Affairs; Espiridion Borrego, Deputy Assistant Consumer Organizations on Aging. Secretary of Labor for Veterans’ Employment and Hearings were recessed subject to call. Training; Arcenio Smiley, Church Rock, New Mex- ico, on behalf of the Navajo Code Talkers Associa- CHILD WELFARE REFORM tion; Apesanahkwat, Menominee Indian Nation, Committee on Finance: Subcommittee on Social Secu- Keshena, Wisconsin; Anthony R. Pico, Viejas Band rity and Family Policy held hearings on child welfare of the Kumeyaay Indian Reservation, Alpine, Cali- reform proposals, including S. 511, to require that fornia; Samuel N. Penney, Nez Perce Tribal Execu- the health and safety of a child be considered in any tive Committee, Lapwai, Idaho; Kali Watson, Ha- foster care of adoption placement, to eliminate bar- waii Department of Hawaiian Home Lands, Hono- riers to the termination of parental rights in appro- lulu; and Ernie Stevens, Jr., National Congress of priate cases, and to promote the adoption of children American Indians, Washington, D.C. with special needs, and S. 742 and H.R. 867, bills Hearings were recessed subject to call. May 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D521 House of Representatives Subsequently, agreed by unanimous consent to Chamber Action consider a similar Senate-passed bill, S. 543, to pro- Bills Introduced: 15 public bills, H.R. 1687–1701; vide certain protections to volunteers, nonprofit or- and 1 resolution, H. Con. Res. 85, were introduced. ganizations, and governmental entities in lawsuits Page H3169 based on the activities of volunteers. S. 543 was Reports Filed: Reports were filed as follows: passed in lieu after being amended to strike all after H.R. 1420, to amend the National Wildlife Ref- the enacting clause and inserting the text of H.R. uge System Administration Act of 1966 to improve 911, as passed the House. Agreed to lay H.R. 911 the management of the National Wildlife Refuge on the table; Pages H3118±20 System (H. Rept. 105–106); and Grenade Attack in Cambodia: H. Res. 121, ex- H. Res. 155, waiving a requirement of clause 4(b) pressing the sense of the House of Representatives of rule XI with respect to consideration of certain regarding the March 30, 1997 terrorist grenade at- resolutions reported from the Committee on Rules tack in Cambodia; and Pages H3103±05 (H. Rept. 105–107). Pages H3168±69 Reaffirming the Principles of the Marshall Recess: The House recessed at 9:03 a.m. and recon- Plan: H. Con. Res. 63, expressing the sense of the vened at 10:32 a.m. Page H3071 Congress regarding the 50th anniversary of the Mar- shall Plan and reaffirming the commitment of the The Receiving Former Members of Congress: United States to the principles that led to the estab- Speaker declared a recess for the purpose of receiving lishment of that program. Pages H3106±08 in the Chamber former Members of Congress. It was made in order that the proceedings during the recess International Dolphin Conservation Program be printed in the record. Pages H3071±79 Act: By a yea-and-nay vote of 262 yeas to 166 nays, Roll No. 151, the House passed H.R. 408, to amend Motion to Suspend the Rules on Thursday, May the Marine Mammal Protection Act of 1972 to sup- 22: It was made in order that on Thursday, May 22, port the International Dolphin Conservation Pro- the Speaker be authorized to entertain a motion to gram in the eastern tropical Pacific Ocean. suspend the rules and pass H.R. 956, to amend the Pages H3120±40 National Narcotics Leadership Act of 1988 to estab- Agreed to an amendment in the nature of a sub- lish a program to support and encourage local com- stitute made in order by the rule. Page H3139 munities that first demonstrate a comprehensive, Agreed to H. Res. 153, the rule that provided for long-term commitment to reduce substance abuse consideration of the bill by a voice vote. Earlier, among youth. Page H3082 agreed to order the previous question by a yea-and- Suspensions: The House voted to suspend the rules nay vote of 226 yeas to 203 nays, Roll No. 149. and pass the following measures: Pages H3109±18 Savings are Vital to Everyone’s Retirement Act Referrals: S. 342, to extend certain privileges, ex- of 1997: H.R. 1377, amended, to amend title I of emptions, and immunities to Hong Kong Economic the Employee Retirement Income Security Act of and Trade Offices was referred to the Committee on 1974 to encourage retirement income savings; International Relations; S. Con. Res. 6, expressing Pages H3082±88 concern for the continued deterioration of human Riegle-Neal Clarification Act of 1997: H.R. rights in Afghanistan and emphasizing the need for 1306, amended, to amend the Federal Deposit Insur- a peaceful political settlement in that country was ance Act to clarify the applicability of host State referred to the Committee on International Rela- laws to any branch in such State of an out-of-State tions; and S. Con. Res. 21, congratulating the resi- bank; Pages H3088±95 dents of Jerusalem and the people of Israel on the thirtieth anniversary of the reunification of that his- Volunteer Protection Act of 1997: H.R. 911, toric city was referred to the Committee on Inter- amended, to encourage the States to enact legislation national Relations. Page H3168 to grant immunity from personal civil liability, under certain circumstances, to volunteers working Senate Messages: Message received by the Senate on behalf of nonprofit organizations and govern- today appears on page H3079. mental entities (passed by a yea-and-nay vote of 390 Quorum Calls—Votes: Three yea-and-nay votes de- yeas to 35 nays, Roll No. 150). Pages H3096±03, H3118 veloped during the proceedings of the House today D522 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1997 and appear on pages H3117–18, H3118, and OBSTACLES TO U.S.-AFRICAN TRADE AND H3139–40. There were no quorum calls. INVESTMENT Adjournment: Met at 9:00 a.m. and adjourned at Committee on International Relations: Subcommittee on 7:55 p.m. Africa and the Subcommittee on International Eco- nomic Policy and Trade held a joint hearing on Ob- stacles to U.S.-African Trade and Investment. Testi- Committee Meetings mony was heard from Jeffrey M. Lang, Deputy U.S. LABOR-HHS-EDUCATION Trade Representative; and public witnesses. APPROPRIATIONS QUADRENNIAL DEFENSE REVIEW Committee on Appropriations: Subcommittee on Labor, Health and Human Services, and Education contin- Committee on National Security: Held a hearing on ued appropriation hearings. Testimony was heard Quadrennial Defense Review. Testimony was heard from Members of Congress. from the following officials of the Department of Defense: William S. Cohen, Secretary; and Gen. John FINANCIAL MODERNIZATION M. Shalikashvili, USA, Chairman, Joint Chiefs of Committee on Banking and Financial Services: Continued Staff. hearings on Financial Modernization, including, Hearings continue tomorrow. H.R. 10, Financial Services Competitiveness Act of MISCELLANEOUS MEASURES 1997. Testimony was heard from public witnesses. Hearings continue tomorrow. Committee on Resources: Ordered reported the following bills: H.R. 79, amended, Hoopa Valley Reservation SEC AUTHORIZATION ACT; COMMON South Boundary Adjustment Act; H.R. 856, amend- CENTS STOCK PRICING ACT ed, United States-Puerto Rico Political Status Act; Committee on Commerce: Subcommittee on Finance and H.R. 858, amended, Quincy Library Group Forest Hazardous Material approved for full Committee ac- Recovery and Economic Stability Act of 1997; H.R. tion the following bills: H.R. 1262, Securities and 985, amended, to provide for the expansion of the Exchange Commission Authorization Act of 1997; Eagles Nest Wilderness within Arapaho and White and H.R. 1053, Common Cents Stock Pricing Act River National Forests, CO, to include the lands of 1997. known as the Slate Creek Addition upon the acquisi- tion of the lands by the United States; H.R. 1019, JUVENILE CRIME CONTROL AND to provide for a boundary adjustment and land con- DELINQUENCY PREVENTION ACT veyance involving the Raggeds Wilderness, White Committee on Education and the Workforce: River National Forest, CO, to correct the effects of Subcommitte on Early Childhood, Youth and Fami- earlier erroneous land surveys; H.R. 1020, to adjust lies held a hearing on proposals for the Juvenile the boundary of the White River National Forest in Crime Control and Delinquency Prevention Act. the State of Colorado to include all National Forest Testimony was heard from Shay Bilchik, Adminis- System lands within Summit County, CO, which are trator, Office of Juvenile Justice and Delinquency currently part of the Dillon Ranger District of the Prevention, Department of Justice; and public wit- Arapaho National Forest; and H.R. 1439, amended, nesses. to facilitate the sale of certain land in Tahoe Na- tional Forest, in the State of California to Placer STATUS OF SCIENTIFIC INFORMATION ON County, California. ERGONOMICS The Committee began markup of H.R. 1127, Na- Committee on Education and the Workforce: Subcommit- tional Monument Fairness Act of 1997. tee on Workforce Protections held a hearing to re- view the status of scientific information on TWO-THIRDS VOTE WAIVER ergonomics. Testimony was heard from Linda Committee on Rules: Granted, by voice vote, a rule Rosenstock, M.D., Director, National Institute for waiving clause 4(b) of rule XI (requiring a two- Occupational Safety and Health, Department of thirds vote to consider a rule on the same day it is Health and Human Services; and public witnesses. reported from the Committee on Rules) against the same day consideration of any resolution reported be- DORNAN V. SANCHEZ fore May 23, 1997, providing for consideration of Committee on House Oversight: Met to consider motions specified measures. The waiver applies: (1) to a con- on subpoenas issued in connection with the Con- current resolution on the budget, an amendment tested Election in the Forty-sixth District of Califor- thereto, a conference report thereon, or an amend- nia. ment reported in disagreement from a conference May 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D523 thereon; (2) to the bill H.R. 1469, making emer- gency supplemental appropriations for recovery from Joint Meetings natural disasters, and for overseas peacekeeping ef- fort, including those in Bosnia, for the fiscal year EMERGENCY SUPPLEMENTAL ending September 30, 1997, and for other purposes, APPROPRIATIONS an amendment thereto, a conference report thereon, Conferees continued to resolve the differences between or an amendment reported in disagreement from a the Senate- and House-passed versions of H.R. 1469, conference thereon. making emergency supplemental appropriations for recovery from natural disasters, and for overseas EPA’S PROPOSED PARTICULATE MATTER— peacekeeping efforts, including those in Bosnia, for OZONE STANDARDS the fiscal year ending September 30, 1997, but did Committee on Science: Subcommittee on Energy and not complete action thereon, and recessed subject to Environment concluded hearings on the Science be- call. hind EPA’s Proposed Particulate Matter/Ozone f Standards, Part 3. Testimony was heard from Carol M. Browner, Administrator, EPA. COMMITTEE MEETINGS FOR THURSDAY, MAY 22, 1997 COMMERCIAL SPACE ACT (Committee meetings are open unless otherwise indicated) Committee on Science: Subcommittee on Space and Aer- Senate onautics held a hearing on Commercial Space Act of 1997: Commercial Remote Sensing, Part I. Testi- Committee on Appropriations, Subcommittee on Foreign mony was heard from Keith Calhoun-Senghor, Di- Operations, to hold hearings on proposed budget esti- mates for fiscal year 1998 for foreign assistance programs, rector, Office of Aid and Space Commercialization, focusing on international affairs, 10:30 a.m., SD–138. Department of Commerce; Susan Moran, Physical Committee on Banking, Housing, and Urban Affairs, to Scientist, Southwest Watershed Research Center, hold hearings on the nominations of James A. Harmon, USDA; and public witnesses. of New York, to be President, and Jackie M. Clegg, of Hearings continue tomorrow. Utah, to be First Vice President, each of the Export-Im- port Bank of the United States, 9 a.m., SD–538. MEDICAL KITS ON COMMERCIAL AIRLINES Full Committee, to hold hearings on electronic funds Committee on Transportation and Infrastructure: Sub- transfer and electronic benefit transfer and the effect of these programs on Federal benefit recipients, 11 a.m., committee on Aviation held a hearing on Medical SD–538. Kits on Commercial Airlines. Testimony was heard Committee on Commerce, Science, and Transportation, to from Representative Kennelly; Jon L. Jordan, M.D., hold oversight hearings on the professional boxing indus- Federal Air Surgeon, FAA, Department of Transpor- try, 9:30 a.m., SR–253. tation; and public witnesses. Subcommittee on Communications, to hold hearings on S. 442, to establish a national policy against State and VETERANS LEGISLATION local government interference with interstate commerce Committee on Veterans’ Affairs: Ordered reported the on the Internet or interactive computer services, and to exercise Congressional jurisdiction over interstate com- following measures: H.R. 1362, amended, Veterans merce by establishing a moratorium on the imposition of Medicare Reimbursement Demonstration Act of exactions that would interfere with the free flow of com- 1997; H.R. 1687, to amend title 38, United States merce via the Internet, 2 p.m., SR–253. Code, to provide that special pay paid to certain Committee on Energy and Natural Resources, to resume a physicians and dentists of the Veterans Health Ad- workshop to examine competitive change in the electric ministration who retire before October 1, 1999, shall power industry, focusing on the financial implications of be considered to be basic pay for retirement pur- restructuring, 9:30 a.m., SH–216. poses; and H.J. Res. 75, to confer status as an honor- Subcommittee on Forests and Public Land Manage- ary veteran of the U.S. Armed Forces on Leslie ment, to hold a workshop on the proposed ‘‘Public Land Townes (Bob) Hope. Management Responsibility and Accountability Act’’, 2 The Committee also held a hearing to accept the p.m., SD–366. Committee on Foreign Relations, Subcommittee on East report of the Veterans’ Claims Adjudication Com- Asian and Pacific Affairs, to hold hearings to review mission. Testimony was heard from William LaVere, whether China’s most-favored-nation status is an effective member, Veterans’ Claims Adjudication Commis- foreign policy tool, 10 a.m., SD–419. sion; Stephen L. Lemons, Acting Under Secretary, Committee on Governmental Affairs, business meeting, to Benefits, Department of Veterans Affairs; representa- mark up S. 261, to provide for a biennial budget process tives of veterans organizations; and a public witness. and a biennial appropriations process and to enhance D524 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1997 oversight and the performance of the Federal Govern- Subcommittee on Employer-Employee Relations, hear- ment, S. 207, to review, reform, and terminate unneces- ing on Early Retirement in Higher Education, 9:30 a.m., sary and inequitable Federal subsidies, S. 307 and H.R. 2261 Rayburn. 680, bills to authorize the transfer to States of surplus Committee on Government Reform and Oversight, Sub- personal property for donation to nonprofit providers of committee on the District of Columbia, hearing on Eco- assistance to impoverished families and individuals, and nomic Development of the Administration’s National to consider pending nominations, 4 p.m., SD–342. Capital Revitalization and Self-Government Improvement Committee on the Judiciary, business meeting, to consider Plans, 9:30 a.m., 2154 Rayburn. pending calendar business, 10 a.m., SD–226. Subcommittee on Government Management, Informa- Subcommittee on Antitrust, Business Rights, and tion, and Technology, hearing on Race and Ethnicity in Competition, to hold hearings to examine the antitrust the Census 2000, 2:15 p.m., 2154 Rayburn. implications of the college bowl alliance, 2 p.m., Committee on International Relations, Subcommittee on SH–216. Africa, to mark up H.R. 1432, African Growth and Op- Committee on Labor and Human Resources, Subcommittee portunity Act, 10 a.m., 2200 Longworth. on Public Health and Safety, to hold hearings to review Subcommittee on International Operations and Human the activities of the Substance Abuse and Mental Health Rights, hearing on Forced Labor in China, 10 a.m., 2172 Services Administration, Department of Health and Rayburn. Human Services, 9:30 a.m., SD–430. Committee on the Judiciary, Subcommittee on Commer- Committee on Rules and Administration, to resume hear- cial and Administrative Law, hearing on H.R. 1544, Fed- ings to review legislative recommendations on certain re- eral Agency Compliance Act, 10 a.m., 2226 Rayburn. visions to Title 44 of the U.S. Code which authorizes the Subcommittee on the Constitution, hearing regarding Government Printing Office to provide permanent public Application of the Americans with Disabilities Act to access to Federal government information, 9:30 a.m., Medical Licensure and Judicial Officers, 10 a.m., 2237 SR–301. Rayburn. Select Committee on Intelligence, to hold closed hearings on Subcommittee on Courts and Intellectual Property, intelligence matters, 2 p.m., SH–219. hearing on the following: H.R. 567, Madrid Protocol Im- NOTICE plementation Act; and the Trademark Law Treaty Imple- mentation Act, 9 a.m., 2141 Rayburn. For a listing of Senate committee meetings sched- Committee on National Security, to continue hearings on uled ahead, see page E1010 in today’s Record. Quadrennial Defense Review, 9:30 a.m., 2118 Rayburn. Committee on Resources, Subcommittee on Fisheries Con- House servation, Wildlife, and Oceans, to mark up the following Committee on Appropriations, Subcommittee on Labor, measures: H.R. 608, Marion National Fish Hatchery Con- Health and Human Services, and Education, on Members veyance Act; H.R. 796, to direct the Secretary of the In- of Congress, 10 a.m., 2358 Rayburn. terior to make technical corrections to a map relating to Committee on Banking and Financial Services, to continue the Coastal Barrier Resources System; H.R. 1278, Na- hearings on Financial Modernization, including, H.R. 10, tional Oceanic and Atmospheric Administration Author- Financial Services Competitiveness Act of 1997, 10 a.m., ization Act of 1997; H.R. 1658, Atlantic Striped Bass 2128 Rayburn. Conservation Act Amendments of 1997; and H. Res. 87, Committee on Commerce, Subcommittee on Energy and expressing the sense of the House of Representatives that Power, to mark up the following bills: H.R. 1277, De- the United States and the United Nations should con- partment of Energy Civilian Research and Development demn coral reef fisheries that are harmful to coral reef Act of 1997; H.R. 848, to extend the deadline under the ecosystemes and promote the development of sustainable Federal Power Act applicable to the construction of the coral reef fishing worldwide, 10 a.m., and to hold a hear- AuSable Hydroelectric Project in New York; H.R. 1184, ing on H.R. 374, Sikes Act Improvement Amendments to extend the deadline under the Federal Power Act for of 1997, 11 a.m., 1334 Longworth. the construction of the Bear Creek hydroelectric project Committee on Science, Subcommittee on Space and Aero- in the State of Washington; and H.R. 1217, to extend nautics, to continue hearings on the Commercial Space the deadline under the Federal Power Act for the con- Act of 1997: Space Transportation, 10 a.m., 2325 Ray- struction of a hydroelectric project located in the State of burn. Washington, 1:30 p.m., 2123 Rayburn. Committee on Small Business, Subcommittee on Govern- Subcommittee on Telecommunications, Trade, and ment Programs and Oversight, hearing on the perform- Consumer Protection, to continue hearings on Reauthor- ance of the Small Business Technology Transfer Pilot Pro- ization of the National Highway and Traffic Safety Ad- gram (STTR), 10:30 a.m., 311 Cannon. ministration, 10 a.m., 2322 Rayburn. Committee on Transportation and Infrastructure, Sub- Committee on Education and the Workforce, Subcommittee committee on Public Buildings and Economic Develop- on Early Childhood, Youth, and Families, hearing on Vo- ment, hearing on H.R. 20, Capitol Visitor Center Au- cational and Technical Education for the 21st Century, 10 a.m., 2175 Rayburn. thorization Act of 1997, 9 a.m., 2253 Rayburn. May 21, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D525

Committee on Veterans’ Affairs, Subcommittee on Over- Subcommittee on Social Security, to continue hearings sight and Investigations, hearing to review safety and se- on the Future of Social Security for this Generation and curity procedures within the Department of Veterans Af- the Next, 10:30 a.m., 1100 Longworth. fairs, 9:30 a.m., 334 Cannon. Permanent Select Committee on Intelligence, Subcommittee Committee on Ways and Means, Subcommittee on Over- on Human Intelligence, Analysis, and Counterintel- sight, to consider a Subcommmitee Report on the Ad- ligence, executive, Briefing on Counter-terrorism Oper- ministration of the Low Income Housing Tax Credit, ations, 1 p.m., and, executive, a briefing on Counter-pro- 9:30 a.m., 1129 Longworth. liferation Operations, 2 p.m., H–405 Capitol. D526 CONGRESSIONAL RECORD — DAILY DIGEST May 21, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, May 22 10 a.m., Thursday, May 22

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Thursday: Consideration of 1 Suspen- ation of S. Con. Res. 27, Fiscal Year 1998 Concurrent sion, H.R. 956, Drug-Free Communities Act; and Budget Resolution. Consideration of H.Res. 155, waiving the require- ment of clause 4(b) of rule XI for a two-thirds vote to consider a report from the Committee on Rules on the same day it is presented to the House.

Extensions of Remarks, as inserted in this issue

HOUSE Ford, Harold E., Jr., Tenn., E992 Pomeroy, Earl, N.D., E1006 Fowler, Tillie K., Fla., E1000 Radanovich, George P., Calif., E991, E992 Ackerman, Gary L., N.Y., E1004 Frank, Barney, Mass., E1002 Sanders, Bernard, Vt., E1008 Andrews, Robert E., N.J., E1004 Frelinghuysen, Rodney P., N.J., E1000 Serrano, Jose´ E., N.Y., E1009 Barcia, James A., Mich., E1008 Gilman, Benjamin A., N.Y., E992, E997 Smith, Christopher H., N.J., E1008 Brown, Corrine, Fla., E1000 Hamilton, Lee H., Ind., E998 Snowbarger, Vince, Kans., E995 Camp, Dave, Mich., E1001 Harman, Jane, Calif., E996 Solomon, Gerald B.H., N.Y., E995, E1001, E1004, E1005 Condit, Gary A., Calif., E1001 Hinchey, Maurice D., N.Y., E1002 Stark, Fortney Pete, Calif., E993 Costello, Jerry F., Ill., E995 Houghton, Amo, N.Y., E998 Stokes, Louis, Ohio, E1001 Duncan John J., Jr., Tenn., E1006 LaFalce, John J., N.Y., E1004 Talent, James M., Mo., E1000 Ehrlich, Robert L., Jr., Md., E1007 Lowey, Nita M., N.Y., E1007 Thompson, Bennie G., Miss., E991 Emerson, Jo Ann, Mo., E992 Menendez, Robert, N.J., E1006 Thune, John R., S.D., E994, E999, E1002 Eshoo, Anna G., Calif., E1007 Norton, Eleanor Holmes, D.C., E999 Torres, Esteban Edward, Calif., E994, E997, E999 Farr, Sam, Calif., E1007 Oxley, Michael G., Ohio, E1005 Wolf, Frank R., Va., E996 Filner, Bob, Calif., E1003 Payne, Donald M., N.J., E1003, E1005

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