April 26, 2001 CONGRESSIONAL RECORD — SENATE S3981 I believe that government’s first duty would do whatever it took to help Tai- for the role of Congress and the vital is to defend its citizens, to defend them wan defend herself.’’ interest of our key Pacific Allies, spe- against the harms that come out of As my colleagues may know, the Tai- cifically Japan. hate. The Local Law Enforcement En- wan Relations Act obligates the United Perhaps the President is unaware hancement Act of 2001 is now a symbol States to provide Taiwan ‘‘with such that without using U.S. bases in Japan, that can become substance. I believe defense articles and defense services we would be hard-pressed to make good that by passing this legislation, we can . . . as may be necessary to enable Tai- on his commitment to use U.S. forces change hearts and minds as well. wan to maintain a sufficient self-de- to defend Taiwan in the event of a con- f fense capability.’’ flict with China. It also states that any attempt to de- Perhaps he is unaware of how sen- NUANCE MATTERS, GETTING termine the future of Taiwan by other sitive an issue this is for the Japanese TAIWAN POLICY RIGHT than peaceful means would constitute government, which has taken great Mr. BIDEN. Mr. President, as we a ‘‘threat to the peace and security of pains to avoid explicitly extending the were reminded yesterday, words matter the Western Pacific area’’ and would U.S.-Japan Security Alliance to a Tai- in diplomacy. Wednesday morning, the be, ‘‘of grave concern to the United wan contingency. President of the United States ap- States.’’ I was quick to praise the President’s peared on national television in an Finally, it mandates that in the deft handling of the dispute with China interview taped Tuesday night with event of, ‘‘any threat to the security or over the fate of the downed U.S. sur- Charles Gibson of ABC News. In that the social or economic system of the veillance aircraft. interview, the President was asked if people on Taiwan and any danger to But in this case, as in his rocky sum- the United States had an obligation to the interests of the United States aris- mit meeting with South Korean Presi- defend Taiwan if it was attacked by ing therefrom, the President and the dent Kim Daejung, the President has China. Congress shall determine, in accord- damaged U.S. credibility with our al- President Bush replied, ‘‘Yes, we do, ance with constitutional processes, ap- lies and sewn confusion throughout the and the Chinese must understand that. propriate action by the United States Pacific Rim. Words matter. Nuance matters. Yes, I would.’’ in response to any such danger.’’ Other events, the challenge of engag- The interviewer pressed further, ask- Contrary to the President’s state- ing North Korea, the emergence of a re- ing, ‘‘With the full force of the Amer- ment to Charles Gibson, the United formist prime minister in Japan, and ican military?’’ States is not obligated to defend Tai- the threat of political instability in In- President Bush replied, ‘‘Whatever it wan, ‘‘With the full force of the Amer- donesia, will surely test America’s re- took to help Taiwan defend itself.’’ He ican military,’’ and hasn’t been since solve and diplomatic agility in the Pa- did not elaborate at that time. we abrogated the 1954 Mutual Defense cific during the months ahead. A few hours later, the President ap- Treaty signed by President Eisenhower peared to back off this startling new and ratified by the United States Sen- f commitment, stressing in an interview ate. WORLD INTELLECTUAL PROPERTY And contrary to the White House on CNN that the United States would DAY spokesman’s comments, the President continue to abide by the Taiwan Rela- does not have the authority unilater- Mr. HATCH. Mr. President, it is with tions Act and the One China policy fol- ally to commit U.S. forces to the de- great pleasure that I rise today to pay lowed by each of the past five Presi- fense of Taiwan. Under the Constitu- tribute to the first celebration of dential Administrations. tion, as well as the provisions of the ‘‘World Intellectual Property Day.’’ I want to make clear that I believe Taiwan Relations Act, that is a matter Last fall, the World Intellectual the security of Taiwan to be a vital in- which the President must bring to the Property Organization dedicated April terest of the United States. American people and to the Congress of 26th as ‘‘World Intellectual Property Senator HELMS and I are among a the United States. Day’’ with the objective of highlighting handful of current members of the U.S. During the campaign, President Bush the valuable contributions intellectual Senate who were around to vote for the implicity criticized the policy of ‘‘stra- property makes to economic, cultural Taiwan Relations Act when it was in- tegic ambiguity’’ which has governed and social development and to raise troduced 22 years ago. the use of American forces to defend public awareness of just what intellec- And I remain as committed today as Taiwan in the event of a conflict with tual property is all about. I was then to the peaceful resolution of China for more than 20 years since the Intellectual property, which includes the Taiwan question. United States abrogated the 1954 Mu- patents, trademarks and copyright pro- And because of my strong support for tual Defense Treaty with Taiwan and tections, is hardly a household phrase, Taiwan, I was inclined to believe that normalized diplomatic relations with but its significance to all Americans the President had made an honest, and China. should not be underestimated. Intellec- mostly harmless, mistake yesterday, The point of that policy, which I sup- tual property is really about creativity especially when the State Department port, was to retain the right to use and innovation; it is about ideas that issued a clarification stressing that force to defend Taiwan, while reserving start out as just a dream, but then go U.S. policy remained unchanged. State to the United States all the decision- on to become the creations and prod- Department spokesman Phil Reeker making authority about the cir- ucts that enrich our daily lives and im- said, ‘‘Our policy hasn’t changed today, cumstances in which we might, or prove our standard of living. it didn’t change yesterday, and it might not, commit U.S. forces. Included among our Founding Fa- didn’t change last year, it hasn’t Otherwise, the United States might thers’ many accomplishments were the changed in terms of what we have fol- find itself dragged into a conflict be- express intellectual property protec- lowed since 1979 with the passage of the tween China and Taiwan even in the tions of Article 1, Section 8 of our Con- Taiwan Relations Act.’’ event of a unilateral Taiwanese dec- stitution. This section is so seemingly But by the end of the day, senior na- laration of independence, something simple, ‘‘to promote the progress of tional security officials at the White the President said yesterday he would science and the useful arts by securing House were singing a different tune, in- not support. for limited times to authors and inven- sisting that the President meant what This policy of strategic ambiguity tors the exclusive right to their respec- he said in the morning interview. was consistent with our One China pol- tive writings and discoveries’’, but it The President’s National Security icy and also with our desire that the has done more to shape our Nation’s Adviser claimed that, ‘‘the Taiwan Re- Taiwan question be resolved only economic growth than almost any lations act makes very clear that the through peaceful means. other provision in the Constitution. U.S. has an obligation that Taiwan’s Well, today I guess we have a new Indeed, one of the most significant peaceful way of life is not upset by policy, and I am calling it the policy of results of this constitutional provision force.’’ And a White House Aide said, ‘‘ambiguous strategic ambiguity.’’ was the creation of the U.S. patent sys- ‘‘Nothing in the act precludes the What worries me is not just what the tem. Today, more than six million pat- President from saying that the U.S. President said, but the utter disregard ents have been issued, for inventions

VerDate Mar 15 2010 03:53 Dec 20, 2013 Jkt 081600 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 J:\ODA425\1997-2008-FILES-4-SS-PROJECT\2001-SENATE-REC-FILES\RECFILES-NEW\S mmaher on DSKCGSP4G1 with SOCIALSECURITY S3982 CONGRESSIONAL RECORD — SENATE April 26, 2001 ranging from Farnsworth’s cathode ray high disease rate in these three com- agree with the Department and have tube to the airplane to life-saving phar- munities, they have responded by de- written to Secretary Paige stating our maceuticals. The value of our patent veloping dental clinics to serve low-in- view that the 1998 Perkins amendments system was perhaps best summarized come residents. Although we applaud did not change the eligibility for what by President Abraham Lincoln, himself these communities for responding ac- is now the Section 117 program. Do the a patent holder, when he noted that it cordingly, the old adage holds true Chairman and Ranking Member of the ‘‘adds the fuel of interest to the spark here, an ounce of prevention is worth a HELP Committee agree with our view? of genius.’’ pound of cure. Mr. JEFFORDS. Yes, I agree with the We also are world leaders in copy- Dental sealants have also proven to view of the North Dakota and New righted works. Books, movies, music, be an effective method of preventing Mexico delegations. The 1998 amend- and other examples of American cre- tooth decay. Studies have shown that ments to the Perkins Act made no sub- ativity entertain and enlighten the sealants can reduce tooth decay by stantive changes to the Tribally Con- world, and make a generous contribu- over 70 percent. Despite the proven ef- trolled Postsecondary Vocational Insti- tion to our balance of trade. fectiveness of this method, only three tutions section of the law concerning Our country’s technological prowess percent of low-income children have eligibility. The section that authorizes and our high standard of living stem had sealants applied to their teeth. the grants retained the purpose of pro- from the creativity, determination, The inequities in oral health care are viding assistance solely to institutions and entrepreneurial drive of our citi- especially apparent in Medicaid pa- whose focus is vocational and technical zens and the protection we provide for tients. In 1993, only 1 in 5 children and education. their creations. So, today, as nations adolescents covered by Medicaid re- Mr. DOMENICI. The Crownpoint In- around the world mark ‘‘World Intel- ceived preventive dental service such stitute of Technology and United lectual Property Day,’’ let us take as application of fluoride or sealants. Tribes Technical College depend on pride in the fact that our intellectual Alarmed by these statistics, Senator Perkins funding for their core oper- property system is recognized as the RUSS FEINGOLD and I, along with 26 of ational funds, and the Department most effective in the world. As we look our colleagues, wrote to the Health should not make radical changes in eli- to the future, let us also pledge our- Care Financing Administration asking gibility simply by issuing a new grant selves to ensuring that the United that they explore what Medicaid could announcement. The 1992 regulations for States remains the world’s pre-eminent do to improve access to comprehensive the Tribally Controlled Postsecondary provider and protector of intellectual dental services for underserved chil- Vocational Institutions Program state, property. dren. at 34 CFR 440.5, that tribal colleges are f Oral health is a key determinate of not eligible for these funds. The regula- overall health. It is essential that we tions have not been changed. Would the CHRONIC INFECTIOUS CHILDHOOD continue to pursue these low-cost and Ranking Member of the HELP Com- DISEASES effective measures to ensure that all mittee comment on this? Mr. JEFFORDS. Mr President, I rise children in this country, regardless of Mr. KENNEDY. The senior Senator today to bring attention to the single income and geography, are free of den- from New Mexico is correct. The 1992 most common chronic infectious child- tal disease. regulations have not been changed, nor hood disease, namely dental decay. In f has there been a need to change them fact, it is five times more common because the 1998 Perkins Amendments than asthma and seven times more TRIBALLY CONTROLLED POSTSEC- made no changes concerning which in- common than hay fever. Young chil- ONDARY VOCATIONAL AND stitutions are eligible for the Tribally dren with severe decay, affecting mul- TECHNICAL INSTITUTIONS Controlled Postsecondary Vocational tiple teeth, may need to be treated in a Mr. CONRAD. Mr. President, I would Institutions funding. hospital under general anesthesia. This like to engage the Chair of the HELP Mr. DORGAN. I would like to inquire level of treatment is unnecessarily Committee in a colloquy regarding eli- of the junior Senator from New Mexico costly. An estimated $100 million each gibility for Section 117 of the Carl Per- and a member of the HELP Committee, year is spent for operating room kins Vocational and Applied Tech- what difference, if any, was made in charges associated with treating severe nology Education Act. Section 117 au- the eligibility for the Tribally Con- decay in very young children. thorizes funding for Tribally Con- trolled Postsecondary Vocational Insti- One of the most cost effective ways trolled Postsecondary Vocational and tutions funding in 1998? to reduce the burden of tooth decay, Technical Institutions. The funds have Mr. BINGAMAN. No change was before it starts, is community water been awarded annually to the two ex- made. We included a parenthetical ref- fluoridation. Since 1945, water fluorida- isting tribally controlled postsec- erence to the definition of ‘‘institution tion has been the cornerstone of the ondary vocational institutions that are of higher education,’’ this has no prac- nation’s oral health, by safely, inex- devoted to providing vocational and tical effect as both the 1990 and 1998 pensively and effectively preventing technical education, United Tribes Perkins laws require that a grant re- tooth decay regardless of an individ- Technical College and Crownpoint In- cipient be an institution of higher edu- uals’ socioeconomic status or ability to stitute of Technology. Historically, cation. The Department should con- obtain dental care. Today, close to 144 these two institutions have not re- tinue providing grants for Section 117 million Americans receive this benefit ceived assistance under the Tribally under the current regulations unless through fluoridated water. Unfortu- Controlled College and University As- and until new regulations are issued nately, more than 100 million others do sistance Act, so the Perkins funds are pursuant to the Administrative Proce- not. key to their existence. dures Act. Crownpoint Institute of This is especially disturbing, because On March 28, 2001, the Department of Technology and United Tribes Tech- water fluoridation remains the most Education issued a Request for Pro- nical College were intended to be the equitable and cost-effective method of posals, RFP for funding under Section only beneficiaries of this section. delivering fluoride. The average life- 117 that would open up funding for this Mr. DORGAN. Thank you. I would time cost of fluoridation per person is program to the tribal colleges. The De- like to include for the RECORD a copy less than the approximate cost of one partment is operating under the mis- of the letter from the North Dakota dental filling. taken view that the 1998 Perkins and New Mexico delegations to Sec- In my home State of Vermont, three Amendments changed the previous Per- retary Paige on this matter. I would communities with over 7,000 residents, kins law with regard to eligibility for also like included in the RECORD a let- do not benefit from community water these funds. In fact, it was not the in- ter from Dr. Jim Shanley, President of fluoridation. According to the Vermont tent of Congress to in any way alter the American Indian Higher Education Department of Health, high school stu- eligibility for Section 117 funding when Consortium, objecting to the Depart- dents in one of these communities have it enacted the 1998 Perkins Amend- ment’s RFP that would open up the the worse dental health in the State, ments. The members of the North Da- Section 117 program to the tribal col- by a significant margin. Because of the kota and New Mexico delegations dis- leges. Dr. Shanley notes that such an

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