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

Vol. 143 WASHINGTON, TUESDAY, MARCH 11, 1997 No. 30 House of Representatives The House met at 12:30 p.m. and was crats, the Republicans would have in- The public advocate’s report, Mr. called to order by the Speaker pro tem- cluded as a goal in their agenda the im- Speaker, underscored the need for a pore [Mr. EHLERS]. plementation of a plan to provide Federal children’s only health plan for f health insurance for the Nation’s 10 parents who make too much money to million uninsured children. As far as qualify for Medicaid but not enough to DESIGNATION OF SPEAKER PRO the Republican agenda goes, however, afford health insurance for their chil- TEMPORE health care for children is apparently dren. The SPEAKER pro tempore laid be- not meant to be. There is no mention Again I would say that, not having fore the House the following commu- of any kind of children’s health insur- time to wait for this Congress to do nication from the Speaker: ance plan in the Republican’s vision of something, many States around the HOUSE OF REPRESENTATIVES, the future. country have taken matters into their Washington, DC, March 11, 1997. Since last spring, Democrats have own hands. Massachusetts, for in- I hereby designate the Honorable VERNON been working to push the issue of chil- stance, has implemented a children’s J. EHLERS to act as Speaker pro tempore on dren’s only health care to the top of only plan, similar to various proposals this day. Congress’ agenda, and our Families developed by congressional Democrats, NEWT GINGRICH, First agenda included a children’s only Speaker of the House of Representatives. that assists parents who would other- plan. Day after day in this Congress wise be unable to afford health insur- f Democrats have taken to the floor to ance for their children. The Massachu- MORNING HOUR DEBATES protest the Republicans’ failure to ba- setts plan is an important example to sically address anything more sub- cite, in that it illustrates the value of The SPEAKER pro tempore. Pursu- stantive than the propriety of hanging not only providing health care for a ant to the order of the House of Janu- the Ten Commandments on the walls of sick child but of providing preventa- ary 21, 1997, the Chair will now recog- Government buildings and courthouses. tive care that obviates the need for nize Members from lists submitted by This is what we dealt with last week. more expensive care further down the the majority and minority leaders for Mr. Speaker, Democrats are intent line. morning hour debates. The Chair will on passing a children’s only health bill. I want to stress how important pre- alternate recognition between the par- Two weeks ago our Minority Leader ventative care is. It is wise not only for ties, with each party limited to not to GEPHARDT and our Senate Minority budgetary reasons but, simply put, it is exceed 30 minutes, and each Member Leader DASCHLE sent a letter to Repub- the humane thing to do. More than half except the majority and minority lead- lican leaders GINGRICH and LOTT asking er limited to not to exceed 5 minutes. them to allow this issue to move for- of the uninsured children with asthma, The Chair recognizes the gentleman ward. Last week we sent another let- just as an example, never see a doctor from New Jersey [Mr. PALLONE] for 5 ter, signed by over 175 members of the during the year. Many of these children minutes. Democratic Caucus, asking the Speak- end up hospitalized with problems that could have been prevented and could f er to provide a date certain for the con- sideration of a children’s only health have cost less to treat. Similarly, one- CHILDREN’S HEALTH INSURANCE bill, and to date the Democrats have third of uninsured children with recur- Mr. PALLONE. Mr. Speaker, last literally heard nothing from the Re- ring ear infections never see the doc- Thursday the Washington Times re- publicans on this issue. tor. Many suffer permanent hearing ported that at long last House Repub- I have to say, though, we have heard loss. licans have finally developed an agenda plenty from elsewhere around the Democrats believe these problems for the 105th Congress. The news was country. We learned the week before should be prevented because they can also accompanied by a report that in last from New York City’s public advo- be prevented. Our concern, again, Mr. the first 2 months of the 105th Congress cate that despite the existence of a Speaker, is rooted firmly in the notion the House was in session for a grand State plan to insure children in New that the right thing to do is to make total of 58 hours, compared with 296 York, the rate of uninsured children in sure every child in this country has ac- hours in the first 2 months of the last New York City grew by 6 percent in the cess to medical care. Congress. last 5 years. We also learned that this I have to point out that in their Mr. Speaker, one would think that happened at a time when many of New agenda released last week the GOP with all this spare time and with daily York’s parents were working for com- claims it wants to strengthen Ameri- pressure from congressional Demo- panies that had over 1,000 employees. ca’s families by fighting child abuse

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.

H813 H814 CONGRESSIONAL RECORD — HOUSE March 11, 1997 and neglect. I find it ironic that this what we did in the 104th Congress. Over move the concept from policy papers and the goal can be included in their agenda a 2-year span we reduced Federal rhetoric of politicians and bureaucrats and in- and yet they propose to do absolutely spending by $53 billion from the level stead place it in the Constitution of the United nothing about health insurance for proposed by the President, not by States. Rather than talking about eliminating children. slashing prudent and necessary Gov- deficit spending, let's do it. An amendment is Mr. Speaker, I believe the GOP needs ernment programs but by eliminating the only way to ensure that Washington per- to go back to the drawing board. It is 300 wasteful and duplicative programs, manently changes its ways, to make the Gov- incredible that a health plan for chil- projects, and grants. ernment accountable for every one of your tax dren did not make it into their agenda, I cannot stress the following state- dollars, and to prevent the next generation and I hope, and we will continue to ment enough: Our national debt does from being saddled with the cost of our prof- press, that they will change their not result from the American people ligacy. minds and bring up legislation that ad- being taxed too little, it is a product of This is not a partisan issue. We must dresses the issue of kids’ health insur- Government that overspends. not be separated by party affiliation. ance. Since 1981, there have been 19 sepa- We must come together and share a vi- f rate tax increases, the largest being sion for our Nation’s future. President Clinton’s tax hike in 1993. Knowing that facts do not sustain their WHY BALANCE THE BUDGET? Yet the debt continues to rise. Today cause, supporters of the status quo will fall The SPEAKER pro tempore. Under Americans pay more in taxes than ever back on their most potent weaponÐfear. the Speaker’s announced policy of Jan- before in history. In fact the average President Clinton has already brandished this uary 21, 1997, the gentleman from Flor- American family pays 40 percent of its weapon through his partisan charge that the ida [Mr. STEARNS] is recognized during income in taxes. That is more than it amendment is a threat to Social Security. But morning hour debates for 5 minutes. spends on housing, food, and clothing remember what the late Paul Tsongas had to Mr. STEARNS. Mr. Speaker, I rise combined. Taking more money from say, ``I'm embarrassed as a Democrat to today to address the most imperative the taxpayers has not proven the abil- watch a Democratic President raise the scare issue facing this Nation, and, that is, ity for us to reduce our debt. It has, tactics of Social Security to defeat the bal- the Federal budget. however, proven to increase the size of anced budget amendment.'' The last time our Nation, the great- the Federal bureaucracy. We in Con- Although I support taking Social Security off est Nation on Earth, balanced its gress and in the White House have an budget, the immutable truth is, the greatest books, Nixon was President, the first obligation to serve the public interest, threat to Social Security is the national debt it- moon landing occurred, and the Mod a responsibility to work toward a bal- self. Of the 5.5 trillion dollars of debt, almost Squad was a top TV show. It was 1969. anced budget while taking less money $600 billion is owed to the Social Security And in the 28 years that followed, the from hardworking Americans. trust funds. If we do not balance the budget, Federal Government has spent almost There is a right way and a wrong way that debt will double. Do you really think that $6 trillion more money than it has to prepare our Nation for the next cen- if the Government goes bankrupt it can pay taken in. Put simply, this irrespon- tury. Following the right way, we that $1.2 trillion debt back to the trust funds sibility, this addiction to deficit spend- should reach a balanced budget by the without hyperinflation or a depression? The fu- ing, poses the greatest national threat year 2002 and we should keep the budg- ture solvency of Social Security depends sole- to our future, to the financial security et balanced without tax hikes or gim- ly on putting our fiscal house in orderÐit de- of our Nation, and to the economic micks. We should provide permanent pends on approving the balanced budget well-being of our families. A balanced tax relief for families, and we should amendment. budget is not simply a desirable ideal. offer an honest means of extending the This is not a time to stand helplessly to the It is absolutely necessary. life of vital and important programs, side. This is one of those moments that will And not simply because of our pre- like Medicare and Social Security. Ear- define our country's destiny. First and fore- carious situation as a Nation, but be- lier this year President Clinton sub- most, Congress and the President should cause putting a stop to deficit spending mitted his budget proposal. Despite his come together to affect real and meaningful is good for all Americans. It means a claims and promises, his budget fell fiscal change and to bolster our efforts, we lower cost of living, lower interest well short of these criteria. should feel obligated to send to the States the rates and a financially stable Govern- First of all, the President's budget will not balanced budget amendment. Our future is at ment. reach balance in 2002, or in any year before risk, and that means everything is at risk. A study by McGraw Hill projects that or after. Applying the methods used by Con- In conclusion, Mr. Speaker, I ear- a balanced budget would yield a 2-per- gress in making budget projections, Mr. Clin- nestly urge Members to consider and cent drop in interest rates. This means ton's budget will be $69 billion in the red in vote for a balanced budget amendment yearly savings of $1,230 on a $50,000 2002. In fact, he would have us run deficits in to the Constitution. home loan, $200 on an auto loan, and the $120-billion range until after he left office. f $216 on a student loan. Perhaps even Under his plan, an amazing 98 percent of the more important is the moral respon- proposed spending reduction would occur in EQUALITY FOR PUERTO RICANS sibility to stop robbing future genera- the years 2001 and 2002, when he has retired The SPEAKER pro tempore. Under tions of their opportunities and a to Little Rock. the Speaker’s announced policy of Jan- chance to achieve prosperity. A child Shakespeare said it best over 400 uary 21, 1997 the gentleman from Puer- born today owes nearly $200,000 in taxes years ago, ‘‘Though it be honest, it is to Rico [Mr. ROMERO-BARCELO´ ] is rec- over his or her lifetime just to pay the never good to bring bad news.’’ True, ognized during morning hour debates interest on the national debt. Is such a President Clinton’s budget deserves lit- for 5 minutes. crushing legacy something we want to tle praise, but this is not a case of par- Mr. ROMERO-BARCELO´ . Mr. Speak- leave to our children and our grand- tisan carping. Every President since er, Wednesday, February 26 was a his- children? President Nixon, Republican and Dem- toric day. It was a historic day for the It is important to note that bal- ocrat, have at least put forth a pro- 3.8 million United States citizens of ancing the Federal budget does not re- posal on paper that would achieve a Puerto Rico and for our Nation as a quire drastic spending cuts or massive balanced budget. Yet here we are today whole. tax increases as many would have the with a debt of almost $6 trillion. On Wednesday, February 26, a group American public believe. Instead it re- Nevertheless, there is something that of more than 75 Members of Congress of quires exercising common sense and we can do to bring about economic san- both parties introduced H.R. 856, the leadership. I know that I have to stay ity. Congress can pass the balanced United States-Puerto Rico Political within a budget in running my congres- budget amendment to the Constitu- Status Act. It marked what I hope will sional office and caring for my family. tion. be the beginning of the end of Puerto This is nothing new. Most of us have to The fact that for over 20 years the tem- Rico’s long journey toward enfran- stay within our means. Why can the porary residents of the White House have of- chisement and full self-government. Federal Government not do the same fered plans to balance the budget underscores It was almost 100 years ago, in 1898, thing? The truth is it can. Look at the need for this amendment. We must re- that Spain ceded Puerto Rico to the March 11, 1997 CONGRESSIONAL RECORD — HOUSE H815 United States as a result of the Span- cause we cannot vote for the President who are serving their country and, in many ish-American War. of the Nation of which we are citizens cases risking their lives, deserve, above all In 1917 Puerto Ricans became U.S. of and because we do not have a propor- others, the right to vote in an election year. At a time when these young people are de- citizens, a citizenship that we have tional and voting representation in the fending our country and its free institutions, cherished and valued ever since and de- Congress that determines our rules of the least we can do at home is make sure fended with our blood. In 1952 the is- conduct and our future. they are able to enjoy the rights that they land became a so-called Common- Mr. Speaker, this great Nation of are being asked to fight to preserve. wealth of the United States, a change ours, the example and inspiration of Having been in the military, I can that did not affect the island’s status democracies throughout the world, the personally vouch for the importance of as an unincorporated territory of the inspiration to the Chinese that re- continuing the right of military per- United States subject to the jurisdic- volted in Tiananmen, the inspiration of sonnel to vote in Federal, State, and tion of Congress. the revolt, the Hasidic Revolt in Po- local elections wherever they may be But if the Chinese proverb that a land, the inspiration of the unification assigned in the world. During my 29 journey of a thousand miles must begin of Germany, the inspiration of many years in the Air Force, I often found with a single step is true, then the ac- other countries throughout the world, myself thousands of miles away from tions to finally decolonize and end the the inspiration of the peaceful revolt in my hometown of Plano, TX, but re- disenfranchisement of the United Russia, cannot continue to uphold the gardless of whether I was in Asia, Eu- States citizens of Puerto Rico is mere- policy that denies political participa- rope, or another far-off place, I was ly the first step. tion and disenfranchises 3.8 million of still a citizen of the United States and H.R. 856 is undoubtedly the most im- its own citizens. We cannot continue to the State of Texas, and I shared the portant step that we have taken in this hide our heads in the sand like os- same interests and concerns as my fel- journey to resolve the issue of political triches and pretend that nothing is low Texans. and economic inequality that has in- happening. We are talking about the Through my years in the military I fused the people of Puerto Rico for the lives, the well-being, and the voting saw countless acts of sacrifice by mem- last 100 years. rights of 3.8 million U.S. citizens. We bers of our Armed Forces to protect I have devoted most of my adult life are not talking about illegal immi- and ensure the rights of others less for- to this struggle and to leading my peo- grants or legal residents. We are talk- tunate than us. I cannot imagine com- ple in this long and treacherous jour- ing about U.S. citizens. ing to a time in our history when someone would take action to deny the ney. As former mayor of San Juan, I am encouraged by the fact that we right of our servicemen and service- Puerto Rico’s capital city, as former have been able to gather so much bi- Governor and now a Member of Con- women to vote. partisan support for this legislation in Unfortunately, that point was gress, I have heard my people’s voices so little time. A similar version of this reached last November in Val Verde and have shared their dreams and aspi- bill will be introduced in the Senate County in southern Texas when the rations. These voices, questions, and within the next weeks, and the support votes of 800 military personnel were aspirations resonate loudly in the is- there seems to be as strong and as bi- questioned in a general election. The land, although to most Americans liv- partisan as it is here in the House. margin in the sheriff’s election was 257 ing in the continental United States We are more than halfway through votes, and for county commissioner it they may seem as distant echoes re- the 1990’s, a decade that the United Na- was 113. The Texas Rural Legal Aid has flecting the deep unease and dis- tions General Assembly declared to be alleged that 800 military absentee bal- enchantment with our current rela- the international decade for the eradi- lots were improperly counted, and sub- tionship. cation of colonialism. Next year Puerto sequently U.S. District Judge Fred College students in Puerto Rico ask Rico will commemorate its 100th year Biery violated, in my view, the opinion me if our present status will deny them as a United States colony. Should we and the will of the people and issued a equal treatment in Federal education celebrate or should we mourn? Will we preliminary injunction to prevent the programs that they desperately need to see a silver lining in the sky by 1998 or sheriff and county commissioner from succeed in today’s competitive world. will we see more of the same? taking office. Texas Rural Legal Aid is Young couples ask me why they have Our Nation cannot seek to promote a taxpayer funded group that is sup- to move to the States in order to and at times enforce democracy else- posed to provide legal services for the search for opportunities that are not where in the world while it relegates poor. They receive about 80 percent of available in Puerto Rico. Puerto Rican 3.8 million of its own citizens to indefi- their funding from the Legal Services veterans who have served the United nite second class status, disenfran- Corporation, an organization that is States gallantly in all of the Nation’s chised, discriminated against, and un- fully funded by U.S. taxpayers. wars and conflicts in this century ask able to exercise the most basic right in While the Legal Services Corpora- me why they cannot vote for the Presi- a democracy, the right to vote and par- tion’s purpose is supposed to provide dent that as Commander in Chief may ticipate in its government. legal services to the poor, it is fre- also send their sons and daughters to Mr. Speaker, to ignore the situation quently embroiled in controversial fight and die in times of war. The el- of Puerto Rico is to betray the spirit of cases which it works to advance liberal derly ask me why their health benefits our democratic values and traditions. social policies. In fact, in this particu- and other support programs are less f lar case the Legal Service Corporation than if they resided in New York, Illi- efforts have been to the detriment of nois, California, Florida, or any other THE MILITARY VOTING RIGHTS the poor, who are in need of legal help, State of the Union. I have heard the ACT OF 1997 but because they are so consumed with voice of a grandmother wondering why The SPEAKER pro tempore. Under the Val Verde case, there is no one to her son who died in Vietnam gave his the Speaker’s announced policy of Jan- offer legal services for those truly in life for a country that denies her and uary 21, 1997 the gentleman from need. her grandchildren the right to partici- Texas, [Mr. SAM JOHNSON] is recognized This raises a question: Does the tax- pate on equal terms. The answer to during morning hour debates for 5 min- payer funded legal services agency this question is clear. We are unequals utes. have a political agenda? The lengths to because we are not partners. Mr. SAM JOHNSON of Texas. Mr. which they are willing to go to make the case was illustrated in a 23-page b 1245 Speaker, the voting rights of America’s servicemen and servicewomen are questionnaire that was sent to all 800 We are unequals because we are sub- being challenged. You know, in 1952, military personnel whose ballots were merged in a colonial relationship in President Harry Truman said, rejected. They were instructed to re- which our economic, social, and politi- Many of those in uniform are serving over- turn their notarized answers within 3 cal affairs are controlled to a large de- seas or in parts of the country distant from days. gree by a government in which we have their homes. If they are unable to return to The questionnaire is intrusive and no voting influence and in which we do their States, they are unable either to reg- totally out of line. It asked for per- not participate. We are unequals be- ister or to vote. Yet these men and women sonal information such as ‘‘What is the H816 CONGRESSIONAL RECORD — HOUSE March 11, 1997 address where your spouse sleeps at der. In fact, more than 280 million peo- urge all of my colleagues to refrain night?’’ and to top it all off, taxpayer ple passed back and forth between Mex- from political posturing in the name of money was used again to produce and ico and the United States during fiscal fighting drug trafficking and to oppose mail this intrusive questionnaire. year 1996. this resolution. The response on Capitol Hill has been A vote to decertify Mexico would f overwhelming. On January 6, Senators greatly jeopardize the spirit of co- OPPOSE HASTY ACTION ON REVIS- GRAMM and HUTCHINSON and Represent- operation we have developed with Mex- ING THE CONSUMER PRICE ative BONILLA wrote to Attorney Gen- ico. In addition, the threat of decerti- eral Janet Reno and asked her to inter- fication causes the peso to plunge, as INDEX vene on behalf of the military voters. we saw late last month, which not only The SPEAKER pro tempore. Under The Department of Justice answered has an adverse effect on the Mexican the Speaker’s announced policy of Jan- that they cannot act on this until a economy, but can also increase the uary 21, 1997, the gentleman from New judgment is rendered. The Senators pressures on our border communities Jersey [Mr. SAXTON] is recognized dur- also received the Legal Service’s chair- and has the potential to increase ille- ing morning hour debates for 5 min- man to investigate the lawsuit and cut gal immigration. utes. off all Federal funds. Drug trafficking is not just a Mexi- Mr. SAXTON. Mr. Speaker, I rise this On February 5, Senators GRAMM and can problem or issue. We on the north- morning to express my strong opposi- HUTCHINSON introduced the Military ern side of the border must do more to tion to hasty action on the issue of re- Voting Rights Act of 1997. This bill will stem the demand for illicit drugs. The vising the Consumer Price Index to ad- guarantee the right of all active mili- good news is that the number of people just Federal income tax and benefit tary personnel, Merchant Marine, and using drugs last month declined. The programs. Congress should closely ex- dependents to vote in Federal, State, bad news is an estimated 12.8 million amine the technical issues involving and local elections. This same bill has Americans, or about 6 percent of the the Consumer Price Index until it has been introduced in the House by HENRY household population aged 12 and older, all the information needed to make BONILLA and myself. We are fighting have used illicit drugs within the past policy changes in this area. A trillion the battle here in Washington, and oth- 30 days. dollars in tax increases and benefit re- ers are on the frontlines in Texas. A Illegal drugs are readily available al- straints in programs like Social Secu- united front will stop this kind of reck- most anywhere in the United States. rity would affect too many millions of less activism from encroaching on the We have not done enough to deter drug people to make decisions on the basis rights of all Americans. use among our Nation’s children and in of incomplete information. I think this ridiculous lawsuit is a our Nation’s neighborhoods. Illegal After all, it took a panel of five pro- blatant challenge to the military’s drug trafficking is not just a Mexican fessional economists 2 years to sort out right to vote and sets a dangerous problem, it is our problem, and we these issues in producing a report, precedent for the denial of basic rights, must do more to reduce drug use and which is known as the Boskin report, the power of judges to interfere with not just point fingers at our neighbor which came out last December. Mem- valid election results. It used to be to the south. bers of Congress need to carefully con- standard practice to impeach judges Mexico has taken a number of steps sider the main issues in this report and who nullify elections. Maybe it ought in the last year to strengthen its ef- judge for themselves whether its rec- to be again. forts to fight the spread of illegal ommendations for congressional action f drugs, and they have done so by aggres- are warranted or not. sively fighting corruption, they have The Consumer Price Index is pro- VOTE AGAINST HOUSE JOINT RES- done so by overhauling Federal agen- duced by the Bureau of Labor Statis- OLUTION 58 TO DECERTIFY MEX- cies and recruiting qualified personnel. tics, the same agency that generates ICO They have done so by strengthening employment and unemployment fig- The SPEAKER pro tempore. Under counter-drug cooperation with the ures. The CPI is a fairly old statistic, the Speaker’s announced policy of Jan- United States, and they have done so and a committee headed by George uary 21, 1997, the gentleman from by improving their extradition policy. Stigler reported to the JEC in 1961 its Texas [Mr. REYES] is recognized during All of these things produce positive re- finding on issues related to this index morning hour debates for 5 minutes. sults in Mexico’s fight on drugs. involving product substitution, product Mr. REYES. Mr. Speaker, I rise this The Republic of Mexico has been cer- quality changes, updating market bas- morning to urge my colleagues to sup- tified since 1986, and, moreover, the kets, treatment of new products, and a port the President’s decision to certify historical relationship between Mexico number of other issues. More recently, Mexico and vote against House Joint and the United States has been one of the Boskin Commission report re- Resolution 58 to decertify Mexico. increasing cooperation and furtherance viewed many of these same issues, and Mr. Speaker, this is an issue that I of mutual interests. Over the past 10 this report has sparked considerable know something about. Before being years our southern neighbor has co- controversy. elected to Congress, I spent more than operated with our efforts to stem drug I think it is fair to say that although 26 years as a member of the U.S. Bor- trafficking while at the same time there is consensus that the CPI may be der Patrol enforcing this Nation’s dealing with severe economic, politi- overstating inflation, the extent of the interdiction laws. I have personally ob- cal, and serious trade developments. overstatement is very debatable and served Mexico’s commitment to stem Mr. Speaker, if we want to address questionable. It is also worthwhile to the tide of drug trafficking and have the basic problems surrounding the note that Congress, rightly or wrongly, witnessed its strong cross-border drug certification process, then let us do choose to index a variety of Federal interdiction efforts. I have been on the that. If we are serious about our efforts benefits and tax provisions after the front lines in the so-called war on to combat drug abuse, then we need to Stigler committee issued its report in drugs, and I am here today to tell my do better on our side of the border. But 1961. There would seem to be ample colleagues that this resolution to de- this resolution does not resolve any- reason for Congress to examine these certify Mexico may be only symbolic thing. It does not do anything to take issues carefully before making hasty to us, but it has with it some serious drug dealers off the street, it does not policy decisions. implications and consequences to those do anything to help law enforcement b of us that live along the border, and I agencies on our border, and it does not 1300 do not mean just people that live ex- do anything to promote good will and Now, as I have pointed out, the pol- clusively in Mexico. understanding with our neighbors in icy decisions made regarding the CPI We have developed a spirit of co- Mexico. It only strains our relationship would affect millions of Americans. Ac- operation with Mexico in many areas: with our neighbor, and it is very coun- cording to a recent Joint Economic trade, environment, immigration, as terproductive. Committee analysis, about 40 percent well as drug interdiction. Our econo- When all is said and done, Mr. Speak- of the direct effects of legislative re- mies are interdependent along the bor- er, more is said than actually done. I ductions to the CPI would comprise tax March 11, 1997 CONGRESSIONAL RECORD — HOUSE H817 increases. That is, taxes would go up if sured children are at risk of contract- eligible for more Federal funding. Mas- the CPI is adjusted downward, and that ing preventable illnesses, illnesses that sachusetts is watching that revenue do would of course be primarily on middle cost far more to treat than they do to what every State in the Nation should class taxpayers, with tax increases prevent. Millions of kids without insur- do, and that is cover children’s health averaging over $400 per year by the ance means millions of kids without a care. year 2008, and the remainder of the ad- secure future and millions of dreams Mr. Speaker, we must understand justments would fall on entitlement deferred. that it is in the best interests of our beneficiaries like Social Security re- Families with uninsured kids do not country to recognize and provide for cipients who would get lower annual want their children to be vulnerable, children in need. As Members of Con- cost-of-living adjustments. Congress but they live from month to month and gress, we would not send troops into should consider whether this mix of paycheck to paycheck with little battle knowing that one-seventh of policy for deficit reduction achieves money in the family budget to spare. their equipment was faulty. As Govern- the desired results in the best way. These families are hard-working fami- ment officials, we would not agree to To date, the debate has been framed lies, forced by their economic position build bridges if 1 in 7 fell to the ground. by the Boskin Commission report, but to choose between paying for things And as parents, we would never send additional information and analysis is like food and rent, hot water and elec- our children to schools in which 1 stu- needed for balanced decisionmaking on tricity, and paying for things like pre- dent in 7 did not see a teacher. this complicated issue. For this reason scriptions or doctor visits for their Massachusetts should serve as an in- I have requested an indepth Bureau of kids. spiration for the rest of our Nation. Labor Statistics study of the technical So what happens when a child’s Mr. Speaker, it is a national scandal issues raised by the Boskin Commis- health needs are deferred? Well, their that 40 million Americans are without sion. families pay dearly. For example, one- health insurance in this country, but it It is my hope that the BLS will com- third of uninsured children with reoc- is absolutely unconscionable that near- plete its investigation and report this curring ear infections never see a doc- ly 10 million kids find themselves with- summer. In fairness to the many mil- tor. Many suffer hearing loss that is out proper health care. Every Member lions of Americans that could be af- permanent and, what is worse, was pre- of this body earns an enormous salary fected by these policy changes, I would ventable. and enjoys a first-rate health care hope that Congress would receive and But the health care crisis goes be- plan. Why should our children deserve digest the forthcoming BLS study be- yond health and money; it affects our any less? Now, I have no illusions about our fore hasty actions are taken. Though children’s very capacity to learn and to present political environment. I under- the BLS is certainly not above criti- grow. When I was a little kid, I remem- stand that this Republican Congress is cism and perhaps should have acted ber having trouble learning in school. I nowhere near heeding the call for uni- more strongly in this area heretofore, was getting terrible headaches all the versal health care coverage. But while more than one perspective is needed, time and I had a lot of trouble con- we cannot cover everyone yet, we must and the BLS can provide that perspec- centrating. I remember vividly the day do what we can today. So let us make tive for sound policymaking with re- that my parents took me to the doctor to get my eyesight checked. As it sure that our kids are covered. As spect to the CPI. Members of Congress, we have a re- Mr. Speaker, the American people turned out, I was getting headaches be- sponsibility to prepare our children to have seen enough tax increases, and cause I could not see the blackboard, be leaders tomorrow by insuring that they are entitled to know that Social and there was a simple solution: I need- they receive a healthy start today. Our ed eyeglasses. Security cost-of-living adjustments children deserve no less. will be safe. They do not need these Now, I would be lying if I said I was f programs tampered with through the really excited about the prospect of back-door adjustment of the CPI. getting eyeglasses as a kid. But as I OUR CHILDREN NEED OUR HELP f was able to read what the teacher The SPEAKER pro tempore. Under wrote on the board and as my head- the Speaker’s announced policy of Jan- OUR CHILDREN MUST BE OUR aches began to disappear and as my PRIORITY uary 21, 1997, the gentleman from Geor- concentration began to improve, I was gia [Mr. LEWIS] is recognized during The SPEAKER pro tempore (Mr. so inspired that I told my parents I morning hour debates for 5 minutes. EHLERS). Under the Speaker’s an- wanted to grow up to be an eye doctor. Mr. LEWIS of Georgia. Mr. Speaker, nounced policy of January 21, 1997, the To be frank, my mother still thinks I am dismayed that in our great coun- gentleman from Massachusetts [Mr. that I should have become an eye doc- try, there are children who do not have MCGOVERN] is recognized during morn- tor rather than the career path that I health insurance. There are 10 million ing hour debates for 5 minutes. chose. But I learned a valuable lesson children. That is not right. That is not Mr. MCGOVERN. Mr. Speaker, this from that firsthand experience, and fair. That does not make sense. Thursday, House Democrats will intro- that is keeping our kids healthy is the Our country is too rich, too powerful, duce one of the major planks of the best way to secure their future. too strong to have children without families first agenda: the Children’s Now, my own State of Massachusetts health insurance. We cannot call our- Health Care Act. has seen some very positive changes selves truly great when we do not pro- Mr. Speaker, one child in seven liv- concerning health care in the past few vide for our most vulnerable and most ing in the United States is without years. Massachusetts worked hard to precious, our children. health insurance. That is about 10 mil- craft a bill called An Act to Improve This is a problem that we can fix and lion uninsured kids. This statistic is Health Care Access. Now the law of the we must fix. As a nation we made a not really startling, it is simply unac- Commonwealth, this landmark piece of commitment to educate our children. ceptable. It is unacceptable for a na- legislation is on the verge of giving We do this because it is good for them tion as wealthy and as powerful as ours basic coverage to some 125,000 kids in and it is good for all of us. Now we to be denying our kids the health cov- Massachusetts. That is 80 percent of must make another commitment. It is erage that they need and that they de- the uninsured children in the State of time to keep all of our children serve. Massachusetts. healthy. Each and every child, rich and Mr. Speaker, I did not have to look So how was something like this fi- poor, black and white, in the big cities very far to see firsthand evidence of nanced? Well, Massachusetts has found to the suburbs of rural America. Each this national crisis. Just 2 years ago in the funds to undertake this bold plan and every child should be able to see a my home State of Massachusetts, 23 in two areas. First, administrators doctor, to get medicine when they are percent of children under the age of 18, found savings by streamlining and fine- sick, to have medical care when they or some 160,000 kids, were without even tuning the way these programs are need help. A sick child cannot go to basic health insurance. And it does not managed. Second, Massachusetts im- school, cannot learn. A sick child can- take a pediatrician to understand what plemented a 25-cent-per-pack cigarette not build for the future. A healthy this meant for Massachusetts. Unin- tax, a move that made my home State child can study, work, and dream. H818 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Mr. Speaker, there is no one right I pledge allegiance to the Flag of the Unit- own money rather than having it go to way to solve this problem, but we must ed States of America, and to the Republic for groups like the Dry Pea and Lentil solve it. We must focus our collective which it stands, one nation under God, indi- Council, please join us in this effort. energy, the House, the Senate, and the visible, with liberty and justice for all. Let us get rid of the Market Access White House, to solve this problem for f Program. the sake of all of our children. Let us APPOINTMENT OF MEMBERS TO f come together and make a real com- JOINT ECONOMIC COMMITTEE AMERICA SOLD LOCK, STOCK, AND mitment to find a solution. Let us put PORK BARREL aside partisan differences, and let us The SPEAKER. Pursuant to the pro- join together to help each and every visions of 15 U.S.C. 1024(a), the Chair (Mr. TRAFICANT asked and was one of our children. appoints the following Members of the given permission to address the House None of our children, not one, should House to the Joint Economic Commit- for 1 minute.) Mr. TRAFICANT. Mr. Speaker, news be left out or left behind. We can, we tee: Messrs. STARK, HAMILTON, reports say that China tried to influ- must work together to provide health HINCHEY, and Mrs. MALONEY of New ence and buy last year’s Federal elec- care for all of our children. The future York. tions, including the Presidency. All of of our children and the future of our f America is in an uproar. Newspapers Nation depends upon it. RESIGNATION AS MEMBER OF are in shock and people are calling the f COMMITTEE ON SMALL BUSINESS talk shows on the radio and saying they believe America is for sale. Can RECESS The SPEAKER laid before the House you blame them? The SPEAKER pro tempore. Pursu- the following resignation as a member China gets most-favored-nation trade ant to clause 12 of rule I, the House of the Committee on Small Business: status but sells missiles to our en- stands in recess until 2 p.m. HOUSE OF REPRESENTATIVES, emies. Japan keeps raping our market- Accordingly (at 1 o’clock and 10 min- Washington, DC, March 10, 1997. place, approaching $70 billion in sur- utes p.m.), the House stood in recess Hon. NEWT GINGRICH, pluses, and they keep denying our Speaker of the House, Capitol, until 2 p.m. Washington, DC. products. Mexico gets billions of dol- f DEAR MR. SPEAKER: I request that I be lars from us and they ship narcotics to granted a leave of absence from the House our streets. And now American compa- b 1400 Committee on Small Business in order to ac- nies overseas are advertising in the cept an appointment to the House Perma- newspaper for American workers to AFTER RECESS nent Select Committee on Intelligence. move overseas and get a good, livable The recess having expired, the House Thank you very much for your time and wage job. was called to order by the Speaker at 2 cooperation. Beam me up, Mr. Speaker. America is p.m. Sincerely, not for sale. I think America has al- IKE SKELTON, ready been sold, and I think Congress f Member of Congress. should start looking into it. Sold, lock, The SPEAKER. Without objection, PRAYER stock, and pork barrel. the resignation is accepted. f The Reverend Dr. Ronald F. Chris- There was no objection. tian, Evangelical Lutheran Church of f PROTECT AMERICA’S BORDERS America, Washington, DC, offered the (Mr. SAM JOHNSON of Texas asked following prayer: MARKET ACCESS PROGRAM and was given permission to address Almighty God, we acknowledge that ELIMINATION ACT the House for 1 minute.) You have made us in Your own image, (Mr. CHABOT asked and was given Mr. SAM JOHNSON of Texas. Mr. so we pray: Look with love and com- permission to address the House for 1 Speaker, I like those last remarks. passion on Your whole human family. minute.) Mr. Speaker, I am outraged, also, at Take away from any of us the arro- Mr. CHABOT. Mr. Speaker, a lot of the President’s lack of leadership in gance we may have for our own impor- the backroom deals in this town in- protecting our borders from the inva- tance and significance. Dissolve any volve taking money away from middle- sion of Mexican drug lords. hatred that infects our hearts and in- class people who work for it and then An article in the Dallas Morning flicts our spirits. Break down the walls giving it to special interests who lobby News yesterday illustrated the na- that may separate us one from the for it. tional disaster we now have on the other. And, through our struggle and One of the most outrageous transfer Texas border. Our ranchers, their fami- confusion, use our work to bring about programs around now is called the lies, live in constant fear. Their cattle Your purpose, so that in Your good Market Access Program, or MAP. In and dogs are being killed by the drug time and season our work and our ef- this particular scheme the Government guys. Their houses are being robbed. forts and our decisions may serve the takes money away from taxpayers and Recently a Border Patrol guard was common good of all Your people, and in gives it to corporate trade associations gunned down by drug smugglers. These Americans live in a virtual war zone quiet harmony may they promote Your to advertise their products overseas. with no relief in sight. will and goodness. Amen. We are dipping into the pockets of av- f Eight months ago our drug czar stood erage Americans in order to subsidize in Texas and announced swift action private, politically preferred business THE JOURNAL must be taken. Congress responded by dealings. So when I say the program is authorizing 1,000 new drug agents in The SPEAKER. The Chair has exam- outrageous, I mean just that. It should ined the Journal of the last day’s pro- each of the next 5 years. Guess what? cause outrage. It is about as close to Our President only actually imple- ceedings and announces to the House legalized theft as you can get. his approval thereof. mented 500. If businesses want to advertise over- It is time for this President to stop Pursuant to clause 1, rule I, the Jour- seas, great. They should do it, but with paying lip service to a problem that de- nal stands approved. their own money. They should not beg mands attention now. No one in Amer- f Congress to squeeze the taxpayers even ica should be held hostage in their own more than they are already squeezed PLEDGE OF ALLEGIANCE house. We protect the borders around with the high taxes we have in this the world. It is time we started pro- The SPEAKER. Will the gentleman country. tecting our own. from Ohio [Mr. TRAFICANT] come for- That is why the gentleman from New f ward and lead the House in the Pledge York [Mr. SCHUMER] and I have intro- of Allegiance. duced H.R. 972, the Market Access Pro- HEALTH CARE FOR CHILDREN Mr. TRAFICANT led the Pledge of gram Elimination Act. If you want tax- (Ms. DELAURO asked and was given Allegiance as follows: payers to be able to keep more of their permission to address the House for 1 March 11, 1997 CONGRESSIONAL RECORD — HOUSE H819 minute and to revise and extend her re- suspend the rules on which a recorded I strongly support Ambassador marks.) vote or the yeas and nays are ordered, Barshefsky’s nomination as USTR. In Ms. DELAURO. Mr. Speaker, during or on which the vote is objected to her capacity as Deputy USTR, Acting the time it takes me to give these re- under clause 4 of rule XV. USTR and USTR-Designate, she has marks today, two American children Such rollcall votes, if postponed, will served the United States admirably, will lose their health insurance. One be taken after debate has concluded on forging a number of important trade minute, two children. Three thousand all motions to suspend the rules, but agreements which opened markets for three hundred every day of the year not before 5 p.m. today. U.S. exports. added to the ranks of the uninsured. f Unfortunately, because of a provision Children are losing their health insur- WAIVING CERTAIN PROVISIONS OF adopted last Congress that amends the ance at twice the rate of adults. This is TRADE ACT OF 1974 RELATING Trade Act of 1974, we must take action truly a national crisis. TO APPOINTMENT OF U.S. in the House today in order to permit Last weekend in Hershey, PA, Mem- TRADE REPRESENTATIVE Ambassador Barshefsky to serve as bers of the Congress from both sides of USTR. In very vague terms, current the aisle came together for a bipartisan Mr. ARCHER. Mr. Speaker, I move to law bans the nomination of anyone as suspend the rules and pass the Senate retreat. We talked about the impor- USTR or Deputy USTR if that person joint resolution (S.J. Res. 5) waiving tance of working together and finding has ever aided, represented, or advised certain provisions of the Trade Act of common ground on important issues a foreign government in a trade nego- 1974 relating to the appointment of the that face American families. tiation or trade dispute. We must seek U.S. Trade Representative. Surely we can all agree that there is The Clerk read as follows: this waiver today because Ambassador no issue more important to our fami- Barshefsky had a minimal advisory S.J. RES. 5 lies than our children, for they are the role to the Canadian Government a future of this Nation. Let us pledge to Whereas paragraph (3) of section 141(b) of number of years ago and would there- the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) be- work together, Democrats and Repub- came effective on January 1, 1996, and pro- fore be automatically precluded from licans, to see that every child in Amer- vides certain limitations with respect to the serving as USTR despite this very, very ica has basic health care coverage. Let appointment of the United States Trade Rep- minor role. us come together and pledge to resentative and Deputy United States Trade b 1415 strengthen our families and to put the Representatives; expansion of health care for children at Whereas paragraph (3) of section 141(b) of Now I agree we should not have indi- the top of our legislative agenda. the Trade Act of 1974 does not apply to any viduals in positions of authority over individual who was serving as the United f our trade policy if there is any doubt of States Trade Representative or Deputy Unit- their loyalty to the United States and TRIBUTE TO ROBERT PASCHAL ed States Trade Representative on the effec- commitment to trade policies that ben- tive date of such paragraph (3) and who con- efit our economy, businesses and work- (Mr. LEWIS of Georgia asked and was tinued to serve in that position; given permission to address the House Whereas Charlene Barshefsky was ap- ers. However, I believe that this provi- for 1 minute and to revise and extend pointed Deputy United States Trade Rep- sion is an intrusion into the current his remarks.) resentative on May 28, 1993, with the advice confirmation process, which already Mr. LEWIS of Georgia. Mr. Speaker, and consent of the Senate, and was serving permits Congress to consider the back- I rise today to pay tribute to a great in that position on January 1, 1996; ground of candidates and whether prior man and a great institution, Robert Whereas paragraph (3) of section 141(b) of representation is relevant to the abil- Paschal, the founder and owner of the Trade Act of 1974 does not apply to ity of an otherwise qualified individual Charlene Barshefsky in her capacity as Dep- to carry out the tasks of any of these Paschal’s Motor Hotel and Restaurant, uty United States Trade Representative; and who recently passed away. Whereas in light of the foregoing, it is ap- positions. Indeed, it severely limits the Mr. Paschal moved to Atlanta at a propriate to continue to waive the provisions pool of qualified candidates for these young age and opened a soda fountain of paragraph (3) of section 141(b) of the Trade positions in a way that may well be un- and a hot dog stand. The small stand Act of 1974 with respect to the appointment constitutional. grew into an Atlanta institution, an es- of Charlene Barshefsky as the United States In fact, when the provision was being tablishment famous for its fried chick- Trade Representative: Now, therefore, be it considered last year, the Justice De- Resolved by the Senate and House of Rep- partment wrote to the gentleman from en. He helped build a business the old- resentatives of the United States of America in fashioned way, the hard way, through Congress assembled, That notwithstanding the Illinois [Mr. HYDE] of the Committee hard work. provisions of paragraph (3) of section 141(b) on the Judiciary that the provision My first meal in Atlanta was at of the Trade Act of 1974 (19 U.S.C. 2171(b)(3)) raises serious constitutional concerns Paschal’s during the civil rights move- or any other provision of law, the President, because it limits the President’s con- ment. This man practically fed the en- acting by and with the advice and consent of stitutional prerogatives to nominate tire movement. Paschal’s was one of the Senate, is authorized to appoint persons to a senior executive position, the few places blacks and whites could Charlene Barshefsky as the United States particularly in the trade area, a letter Trade Representative. socialize and discuss the order of the The SPEAKER pro tempore. Pursu- that I am submitting for the RECORD day. It was there we talked about the ant to the rule, the gentleman from today. Accordingly, I urge my colleagues to Selma march, the Poor People’s Cam- Texas [Mr. ARCHER] and the gentleman support the waiver of this provision for paign, and the Mississippi summer from New York [Mr. RANGEL] each will project. It was there we checked the control 20 minutes. Ambassador Barshefsky’s nomination pulse of the movement. Paschal’s was The Chair recognizes the gentleman as USTR. I believe she has done a good referred to as the Paschal precinct, and from Texas [Mr. ARCHER]. job in her other capacities, and I think to this day it is a meeting place, a GENERAL LEAVE she will do a good job in the future. gathering place for all Atlanta. Mr. ARCHER. Mr. Speaker, I ask Mr. Speaker, I include the following So when Robert Paschal left us, we unanimous consent that all Members for the RECORD: lost a part of Atlanta, part of our his- may have 5 legislative days within AGENCY VIEWS tory and our hearts. He will be missed which to revise and extend their re- U.S. DEPARTMENT OF JUSTICE, by our city and our State. marks and include extraneous material OFFICE OF LEGISLATIVE AFFAIRS, f on Senate Joint Resolution 5. Washington, DC, November 7, 1995. The SPEAKER pro tempore. Is there Hon. HENRY HYDE, ANNOUNCEMENT BY THE SPEAKER objection to the request of the gen- Chairman, Committee on the Judiciary, PRO TEMPORE House of Representatives, Washington, DC. tleman from Texas? The SPEAKER pro tempore (Mr. DEAR MR. CHAIRMAN: This provides the There was no objection. views of the Department of Justice on S. GOODLATTE). Pursuant to the provi- Mr. ARCHER. Mr. Speaker, I yield 1060, the ‘‘Lobbying Disclosure Act of 1995,’’ sions of clause 5 of rule I, the Chair an- myself such time as I may consume, as passed by the Senate. We understand that nounces that he will postpone further and I rise in strong support of Senate the House may act on this legislation later proceedings today on each motion to Joint Resolution 5. this year. H820 CONGRESSIONAL RECORD — HOUSE March 11, 1997 The Department strongly supports the pur- ment of Justice has long opposed broad re- mining whether coverage under this Act of pose of this bill and its central provisions. It strictions on the President’s constitutional any lobbying contact would substantially will ensure that federal officials are aware of prerogative to nominate persons of his burden a person’s exercise of religion, the the outside sources of information and opin- choosing to senior executive branch posi- standards of the Religious Freedom restora- ion made available to them and will signifi- tions. The restriction in the bill is particu- tion Act, 42 U.S.C. 2000bb–2000bb–4, shall cantly enhance public understanding of the larly problematic because it operates in an apply. lobbying process. area in which the Constitution commits spe- The bill could also include a provision that Certain features of the bill, however, cial responsibility to the President, who ‘‘is ‘‘any regulation promulgated hereunder present difficulties that can and should be the constitutional representative of the shall incorporate the maximum protection remedied. United States in its dealings with foreign na- under the Constitution and laws of the Unit- First, the Department has constitutional tions.’’ See, e.g., United States v. Louisiana, ed States for the exercise of religion by lob- concerns about the role the bill gives to the 363 U.S. 1, 35 (1960). The officers in question byists or clients.’’ Secretary of the Senate and the Clerk of the perform diplomatic functions as the direct Alternatively, a more general exemption, House; the bill’s disqualification of certain representative of the President, a fact that reaching non-religious as well as religious organizations, would not raise Establish- persons from serving as United States Trade Congress itself has recognized by providing ment Clause problems. See Texas Monthly, Representative or Deputy United States that they should enjoy the rank of ambas- 489 U.S. at 15–16 (plurality opinion); id. at 27– Trade Representative; and the specific man- sador, 19 U.S.C. § 2171(b). Regardless of 28 (Blackmun, J., concurring). The Establish- ner in which the bill seeks to protect the ex- whether the President would, as a policy ment Clause would be implicated by a provi- ercise of religion, a goal with which the Ad- matter, be willing to accept this particular restriction, Congress would exceed its con- sion permitting churches and religious orga- ministration strongly agrees. nizations to use the narrower definition of Second, the Department has policy con- stitutionally assigned role by setting such a broad disqualification. See, e.g., Civil Serv- lobbying contained in 26 U.S.C. § 499(d), cerns about the relationship between the bill which would relieve them of some of the bur- and the Foreign Agents Registration Act of ice Commission, 13 Op. Att’y Gen. 516, 520–21 (1871). dens of the legislation in a manner similar to 1938, as amended, 22 U.S.C. § 611 et seq. that afforded other non-profit organizations. (FARA). 3. Section 3(8)(B)(xviii) would exempt lob- Relationship to Foreign Agents Registration Act Accordingly, we recommend that Congress bying contacts by churches and other reli- pass this legislation with certain changes to gious organizations from the registration re- In addition to these constitutional con- ensure that it is both constitutional and ef- quirements. The Administration supports cerns, we are concerned about the relation- fective. the strongest possible protection for the ex- ship between the bill and FARA set forth in ercise of religion. We are concerned however, sections 3(8)(B)(iv) and 9(3) of S. 1060. Ex- Constitutional concerns that the exemption now included in the bill empting from registration under FARA all 1. The bill provides that lobbyists would could be susceptible to valid constitutional agents of foreign principals who register need to file disclosure statements with the challenge in the courts. The Supreme Court under this bill would significantly reduce Secretary of the Senate and the Clerk of the has held that the Establishment Clause of public disclosure about such agents. It would House of Representatives. If those officials the First Amendment prohibits the govern- also reduce the Department’s receipts under determined that a lobbyist’s statement did ment from singling out religious organiza- its FARA user fees program, which may im- not comply with the law, they would notify tions for especially favorable treatment, plicate the ‘‘Pay-As-You-Go’’ provisions of the lobbyist. If the lobbyist did not correct whether in the form of an exemption from a the Omnibus Budget Reconciliation Act of the deficiency to their satisfaction, they government requirement or in the form of a 1990. could forward the matter to the United direct benefit. See, e.g., Board of Educ. of FARA reflects a judgment that broad dis- States Attorney for the District of Colum- Kiryas Joel v. Grumet, 114 St. Ct. 2481, 2487 closure is particularly important with re- spect to foreign influences on the political bia, who could bring an action for a civil file. (1994) (plurality opinion) invalidating cre- process. Accordingly, the extent of disclo- See §§ 4–7, S. 1060. The bill would define a ation of a special school district for religious sure with respect of activities, receipts and civil offense consisting of the knowing fail- community) (Establishment Clauses requires disbursements, including political contribu- ure to ‘‘remedy a defective filing within 60 that the government ‘‘pursue a course of days after notice of such a defect by the Sec- tions, required of agents of foreign principals neutrality toward religion, favoring neither under FARA is significantly more detailed retary of the Senate or the Clerk of the one religions over other nor religious adher- House of Representatives.’’ See § 7(2). than that required of all lobbyists under S. ents collectively over nonadherents’’) (inter- 1060. FARA also covers a broader range of po- This arrangement would raise serious con- nal quotation omitted). In Texas Monthly v. stitutional problems. Congress may not pro- litical activities than this bill, including ad- Bullock, 489 U.S. 1 (1989), for instance, the Su- vertising, public relations activities and po- vide for its agents to execute the law. preme Court held that the Establishment litical fund-raising. The result of enactment Bowsher v. Synar, 478 U.S. 714, 726, 733–34 Clause prohibits a state from exempting cer- of section 9(3) of the bill would be to exempt (1986); see also Metropolitan Washington Air- tain periodicals distributed by religious or- many agents of foreign principals from the ports Authority v. Citizens for the Abate- ganizations, and no other periodicals, from wider and more detailed disclosure of their ment of Aircraft Noise, Inc., 501 U.S. 252 its sales and use tax. activities FARA intended, whenever they (1991). Here, in contrast to the current law At the same time, the Court has permitted make a covered ‘‘lobbying contract’’ under that gives agents of the Congress the respon- the government in certain circumstances to this bill. sibility only to collect and publish informa- provide an exclusive ‘‘accommodation’’ to The Department recommends, therefore, tion, see 2 U.S.C. §§ 261–70, the bill would pro- religion. See Corporation of Presiding Bishop that agents of foreign principals who are re- vide that an action for one type of civil of- v. Amos, 483 U.S. 327 (1987) (upholding exemp- quired to register under FARA, and who in fense could be initiated against a lobbyist tion of secular nonprofit activities of reli- fact do so, be exempted from registration only if the congressional agents, pursuant to gious organization from Title VII prohibition under the Lobbying Disclosure Act. This ap- their interpretation of the statute, issued a on employment discrimination based on reli- proach would maintain the higher scrutiny notice finding the lobbyist’s filing to be defi- gion). The accommodation doctrine permits Congress has historically applied to foreign cient.1 The Secretary of the Senate and the the government to provide religion with an influences on the domestic political process. Clerk of the House of Representatives thus exclusive exemption from a regulatory It also has the advantage of maintaining would be performing executives functions of scheme when the exemption would ‘‘remov(e) government ‘‘user fee’’ revenues, because Buckley v. Valeo, 424 U.S. 1, 140–41 (1976) (ex- a significant state-imposed deterrence to the FARA recovers the costs of the administra- ecutive functions include giving ‘‘advisory free exercise of religion’’ Texas Monthly, 489 tion from the agent population, and the opinions’’ and making ‘‘determinations of U.S. at 15 (plurality opinion); see also Amos, present bill has no comparable revenue pro- eligibility for funds and even for federal elec- 483 U.S. AT 335 (government may act to ‘‘al- ducing mechanism. tive office itself’’), even though Congress leviate significant governmental inter- In summary, we strongly support the laud- may vest such functions only in officials in ference’’ with religious exercise). Under the able goals of S. 1060 and its central provi- the executive branch. Court’s accommodation doctrine, section sions. We stand ready to assist in the impor- 2. The bill would forbid the appointment, 3(8)(B)(xviii) would be far less susceptible to tant effort to achieve reform in this area. as United States Trade Representative or constitutional challenge if it were rewritten Please do not hesitate to contact us if we Deputy United States Trade Representative, to apply only when the operation of the Act may be of additional assistance in connec- of anyone who had ever ‘‘directly rep- would in fact burden the exercise of religion. tion with this or any other matter. The Of- resented, aided, or advised * * * a foreign Specifically, we recommend the following fice of Management and Budget has advised [government or political party] in any trade language, which tracks the standards enun- that there is no objection from the stand- negotiation or trade dispute with the United ciated by the Supreme Court and incor- point of the Administration’s program to the presentation of this report. States.’’ This provision, too, would raise se- porated in the Religious Freedom Restora- Sincerely, rious constitutional concerns. The Depart- tion Act, 42 U.S.C. 2000bb–4: (B) The term ‘‘lobbying contract’’ does not ANDREW FOIS, include a communication that is * ** Assistant Attorney General. 1 The Secretary of the Senate and the Clerk of the Mr. Speaker, I yield the remainder of House of Representatives would also ‘‘develop com- (xviii) of such a nature that its coverage mon standards, rules, and procedures for compli- under this Act would substantially burden my time to the gentleman from Illinois ance’’ with the Act. any person’s exercise of religion. In deter- [Mr. CRANE]. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H821 Mr. CRANE. Mr. Speaker, I would who is a tireless, dedicated person on fortunate to work with Ambassador prefer to let my distinguished col- behalf of the American people. I heart- Barshefsky and know very much how league on the minority side take prece- ily endorse the legislation before us well she carries out her duties. Ambas- dence over me. today and urge my colleagues to sup- sador Barshefsky has been instrumen- Mr. RANGEL. Mr. Speaker, I yield port it. Ambassador Barshefsky will be tal in developing and pursuing a strong myself such time as I may consume. a U.S. Trade Representative of which international trade policy and has suc- Mr. Speaker, I rise in strong support all of us will be proud. cessfully completed many negotia- of Senate Joint Resolution 5, legisla- Mr. Speaker, I reserve the balance of tions, but what I like best about the tion to waive certain provisions of the my time. ambassador is she is able and willing to Lobbying Disclosure Act of 1995 with Mr. SOLOMON. Mr. Speaker, will the get up from the table and walk away respect to the nomination of Ambas- gentleman yield? when nothing is being offered. Given sador Charlene Barshefsky to become Mr. CRANE. I yield to the gentleman her tenacity and resolve on behalf of the U.S. Trade Representative. This from New York. our country’s trade interests, I firmly legislation is necessary to complete (By unanimous consent, Mr. SOLOMON believe Charlene Barshefsky to be ca- the nomination process of Ambassador was allowed to speak out of order for 1 pable and well prepared. I have worked Barshefsky. The Ambassador has broad minute.) with few people who possess the ability bipartisan support and deserves to be ANNOUNCEMENT OF AMENDMENT PROCESS FOR to discuss the minimal, little, arcane, our next Trade Representative. H.R. 1, THE WORKING FAMILIES FLEXIBILITY ACT terribly, terribly difficult to under- Last week the other body approved Mr. SOLOMON. Mr. Speaker, I ask stand details of a trade pact and then her nomination and the waiver legisla- for this time for the purpose of making could look at the whole picture and ex- tion before us today by overwhelming an announcement. plain it to people who have to under- votes of 99 to 1 and 98 to 2, respec- Mr. Speaker, the Committee on Rules stand it. tively. During her 4 years, nearly 4 is planning to meet the week of March I am confident that the ambassador years, of service at the Office of the 17 to grant a rule which may limit the will continue to pursue a strong and USTR, first as Deputy USTR and since amendment process for H.R. 1, the fair trade agenda that seeks to pro- April of last year as Acting USTR, Am- Working Families Flexibility Act. The mote our national interests. We could bassador Barshefsky has compiled an Committee on Education and the not be better represented than having impressive record, opening foreign Workforce ordered the bill reported on this woman as our USTR. markets for U.S. exporters and defend- March 5. Amendments should be draft- Mr. CRANE. Mr. Speaker, I yield 1 ing U.S. trade interests. Recently, she ed to the text of the bill as reported, minute to our distinguished colleague, concluded successful multinational which will be filed tomorrow, Wednes- the gentleman from California [Mr. agreements which will reduce or elimi- day, March 12. Copies are also available MATSUI], the ranking minority member nate tariffs worldwide on trade and in- at the Committee on Education and on the Subcommittee on Trade. formation technology products and the Workforce office should Members Mr. MATSUI. Mr. Speaker, I thank which will open foreign markets for wish to view the bill today. the gentleman from Illinois, the chair basic telecommunication services. Any Member who wishes to offer an of the Subcommittee on Trade for Last December, she concluded a bi- amendment should submit 55 copies yielding me this time. Of course I lateral agreement with Japan on insur- and a brief explanation of the amend- thank the ranking member of the com- ance, which opens that market for ment by 12 noon on Monday, March 17, mittee as well. I appreciate this. This United States insurance providers. to the Committee on Rules, at room 312 is in the spirit of Hershey and biparti- Last year she also struck an agreement in the Capitol. Members should use the sanship. Mr. Speaker, I would only like to with China providing for stronger en- Office of Legislative Counsel to ensure support Senate Joint Resolution 5 as forcement of United States intellectual that their amendments are properly well. I think that this resolution is vi- property rights in that country. drafted and should check with the Of- tally needed given the fact that we Clearly, the Ambassador has shown fice of the Parliamentarian to be cer- need a waiver and a grandfather spe- that she is tough and a skillful nego- tain that amendments comply with the cifically for the next U.S. Trade Rep- tiator internationally. More impor- rules of the House. resentative, Ambassador Charlene tant, however, Ambassador Barshefsky Again, I call my colleagues’ atten- Barshefsky. As everyone knows, Am- understands that international trade tion to, if they want amendments con- bassador Barshefsky has been the Dep- and our Nation’s trade policies have an sidered to this legislation, they must uty USTR now for 4 years, and she has impact on the lives and future of all prefile them with the Committee on been perhaps one of the greatest rep- Americans. For that reason she Rules prior to noon on Monday, March resentatives we have had in terms of consults closely with Members of Con- 17. overseas negotiations. gress and the public at large on her ac- Mr. RANGEL. Mr. Speaker, I yield 2 Most recently under her leadership as tion, and she clearly recognizes that minutes to the gentlewoman from Con- acting USTR, the United States com- trade policy is a shared responsibility necticut [Mrs. KENNELLY]. pleted a multilateral agreement, the of the executive and legislative Mrs. KENNELLY of Connecticut. Mr. Information Technology Agreement, branches and carries her responsibil- Speaker, I thank the gentleman for which will cover over $500 billion in ities out accordingly. yielding this time to me. global trade, and just recently, in the For those who have questions or con- Mr. Speaker, I rise today in support last month, she and her staff have com- cerns about this waiver, it must be of Senate Resolution 5, which waives pleted the basic Telecommunications noted that Congress has previously certain provisions of the Trade Act of Services Agreement, which will actu- passed legislation to waive a statutory 1974. This resolution would grandfather ally cover over 90 percent of the global requirement on who may serve in a Ambassador Charlene Barshefsky from population and perhaps have an addi- particular Government position with the application of certain restrictive tional to $600 billion worth of trade, respect to a specific nominee. It should provisions of the Lobbying Disclosure and so I urge that we adopt Senate also be noted that as Deputy USTR, Act of 1995. The Senate has also done Joint Resolution 5 to make Charlene Ambassador Barshefsky was specifi- this on occasion when there has been Barshefsky the next U.S. Trade Rep- cally exempt from the provisions in an outstanding candidate before them resentative. question in the Lobbying Disclosure also. I would like to note, however, Mr. CRANE. Mr. Speaker, I yield 2 Act. The Senate Finance Committee that this resolution applies only to minutes to the gentleman from Oregon carefully studied her record in the pri- Ambassador Barshefsky and in no way [Mr. SMITH]. vate sector and agreed unanimously modifies the statute, nor does it have (Mr. SMITH of Oregon asked and was that a waiver was entirely appropriate implications for any other prospective given permission to revise and extend for Ambassador Barshefsky. nominee to serve as the U.S. Trade his remarks.) Mr. Speaker, in the past several Representative. Mr. SMITH of Oregon. Mr. Speaker, I years I have come to know, admire, As a member of the Committee on thank the gentleman for yielding this and work with Ambassador Barshefsky, Ways and Means, I have indeed been time to me. H822 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Mr. Speaker, I rise in support of Sen- On a related matter I want to correct I am certainly not going to ask for a ate Joint Resolution 5. As chairman of a continued misperception that was re- vote, and I know this is going to pass the Committee on Agriculture, I be- peated on the floor of the other body overwhelmingly, but it is no surprise lieve it is vital that the person rep- during debate on this measure. The our young people are responding to ads resenting the United States in trade gentleman from South Carolina took a in the newspaper box so-and-so where negotiations and resolutions of dis- statement from the RECORD made by the job is in Mexico and overseas. putes recognize that agriculture is an the chairman of the House Committee There is not going to be a damn job left extremely important and essential on Commerce, the gentleman from Vir- in this country. issue to be considered in all trade nego- ginia [Mr. BLILEY], and inferred from it The only thing that bothers me, I am tiations and resolutions of disputes. that the administration, by inference beginning to wonder if we have any- American farmers and ranchers, the USTR, asked this Member to amend body in the right circle that could ac- most productive in the world, can pros- section 310(b) of the Communications tually apply for these positions that per only where there is free and fair Act on their behalf. has never had a tie to a foreign nation. world trade. b 1430 Beam me up, here. I am a ‘‘no.’’ I am In fact, in 1996, Mr. Speaker, agricul- not going to ask for a vote, but I am This is simply not so. The statement tural exports totaled $60 billion, and opposed to this waiver, and I think the alluded to our efforts during debate on the agricultural trade surplus exceeded Congress should follow the laws that the Telecommunications Act to satisfy $26 billion. There is nevertheless ample they pass that have some common the concerns of the executive branch opportunity for expansion. It is incum- sense attached to them. regarding international investment in bent upon the administration, through U.S. telecommunications firms. How- f the Office of Trade Representative and ever, the chief changes made were in the Department of Agriculture, to ANNOUNCEMENT BY THE SPEAKER the area of national security, and we make sure that opportunities exist for PRO TEMPORE worked very closely with the FBI and trade expansion and that trade dis- The SPEAKER pro tempore. (Mr. National Security Agency and the CIA, GOODLATTE). The Chair would remind putes are resolved in a timely manner. and the effect was to tighten the law, I had the opportunity to meet Am- all Members to refrain from the use of not the loosen it. profanity in their speech on the floor. bassador Barshefsky, and she assures The input we received from the exec- Mr. CRANE. Mr. Speaker, I yield 2 me that her knowledge of agriculture utive branch came at the request of the minutes to our distinguished colleague, and her commitment to ensuring the cosponsor, the gentleman from Michi- proper emphasis will be on agriculture the gentleman from Louisiana [Mr. gan [Mr. DINGELL], and the advice we TAUZIN]. export issues. In our discussion we received came primarily from the secu- (Mr. TAUZIN asked and was given agreed that agriculture is the No. 1 rity agencies, as I recall, not from the permission to revise and extend his re- high technology export and that it is Office of the Trade Representative. also the No. 1 priority with the U.S. Of course, I did consult with USTR marks.) Trade Representative. In my discus- on the effect my language would have Mr. TAUZIN. Mr. Speaker, let me say sions with the Ambassador, she assures on their negotiations, as any respon- no one needs to be beamed up on this me that agriculture will be her top pri- sible legislator would, but these con- vote. This is a vote to confirm not only ority, and that is why I support Senate sultations came at my request, not the the appointment of Charlene Joint Resolution 5 and the waiver other way around, and I wanted to Barshefsky, who is now our Deputy needed to assure that she will be indeed point that out for the record. Trade Representative, to the Trade the next U.S. Trade Representative. Mr. RANGEL. Mr. Speaker, I yield 3 Representative, but also to pass a Mr. CRANE. Mr. Speaker, I yield 2 minutes to the gentleman from Ohio waiver that is necessary for that con- minutes to the gentleman from Ohio [Mr. TRAFICANT]. firmation to be complete. [Mr. OXLEY]. Mr. TRAFICANT. Mr. Speaker, I op- I want to first congratulate her on a (Mr. OXLEY asked and was given pose the resolution, I oppose the waiv- near unanimous confirmation in the permission to revise and extend his re- ers. Senate and the near unanimous vote in marks.) Current law says that no one may be the Senate on behalf of this resolution. Mr. OXLEY. Mr. Speaker, I rise in appointed as U.S. Trade Representative Let me point out that Charlene support of Senate Joint Resolution 5 or Deputy Trade Representative if they Barshefsky was already at USTR as regarding the appointment of Charlene have ever in their past represented a Deputy Trade Representative when the Barshefsky as U.S. Trade Representa- foreign government in a trade dispute law in question was passed last year. tive. I had the opportunity to work or a trade negotiation with the United So this grandfathering is in fact a rec- closely with the Ambassador and Dep- States. Now look, I think Charlene ognition of her already and continuous uty Trade Representative Jeff Lang Barshefsky is a great woman, a great service at the USTR. during negotiations on the WTO Tele- American, and may be doing a great Let me also state that as chairman of communications Agreement, and I job. However, one of the reasons we the Subcommittee on Telecommuni- must say that I was pleased with her passed this legislation is some of these cations and Trade of the Committee on determination to consult regularly trade representatives, after they leave, Commerce, we have all been extraor- with Congress during these talks, and I go on the employ of some of these for- dinarily impressed with the caliber of do mean regularly. They were most eign governments and companies over- service that this ambassador has al- helpful. seas. ready provided to this country. She has Perhaps more to the point, I was Now, we just passed this law a year worked cooperatively with our com- deeply impressed by what was achieved ago, and now we are about to waive it, mittee in keeping us informed and in Geneva. The agreement covers 95 with Japan approaching $70 billion in interacting with us throughout all the percent of rural telecom revenue, giv- trade surpluses, China approaching $50 WTO negotiations in Geneva that led ing United States firms unprecedented billion in trade surpluses. I have noth- to the successful passage of the recent access to markets in Europe, Asia, and ing against Charlene Barshefsky, but agreement in Geneva on telecommuni- Latin America, and covers some 70 here is the question I pose to the Con- cations and opening up those markets countries in its sweep. gress of the United States: Can we not all over the world to U.S. investment. In my opinion, the agreement is find one qualified American to be the That action alone is going to create proof that Charlene Barshefsky’s rep- trade representative of our country opportunities for American jobs and utation as a tough, stalwart negotiator that has never been in the employ of, businesses throughout the world in is well-deserved, and I would certainly represented a foreign interest, or had a telecommunications. It is patterned support the waiver. I am just sorry connection in resolving or monitoring very much after the 1996 Telecommuni- that we really have to have a waiver or negotiating or resolving a trade cations Act that this House and the because I think the provision in cur- matter on behalf of a foreign country Senate so unanimously joined in just rent law is too xenophobic and unreal- with our Nation? I think that is the 1996 to create an open market for the istic. issue. United States in telecommunications. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H823 I look forward as chairman of the exports, creates jobs and strengthens USTR’s representing, aiding or assisting any subcommittee very soon to receiving the American economy so that we can foreign government within three years of the testimony of Ms. Barshefsky before remain the world’s most competitive having served as USTR.3 The LDA extended our subcommittee, in not only report- Nation into the next century and be- the ban’s duration to a lifetime ban and its coverage to include Deputy USTRs. ing on that successful negotiation of yond. The Senate accepted these two provisions which we are all so proud, but on the Mr. Speaker, I agree with the gen- (hereinafter the ‘‘USTR Amendment,’’ repro- continuing efforts to bring other coun- tleman from Texas [Mr. ARCHER], duced in full at Appendix I to this Report) tries in with new and improved offers chairman of the Committee on Ways virtually without debate, and the provisions so that we can continue to open up and Means, that we should not be passed the House after some unsuccessful at- markets for telecommunications serv- forced to consider a waiver today be- tempts to expand their reach. The President ices throughout the world for Amer- cause the underlining provision that signed the Lobbying Disclosure Act, includ- we seek to waive is ill-advised and ing the USTR Amendment, while recognizing ican businesses and American jobs. I the Justice Department’s concern that the urge the adoption of this resolution. should not be in place. I would like to new pre-government employment restric- Mr. RANGEL. Mr. Speaker, I have no place in the RECORD a resolution and tions may unconstitutionally impinge on the further requests for time. report recently adopted by the Amer- President’s appointments power. In 1996, Mr. CRANE. Mr. Speaker, I yield my- ican Bar Association which clearly and more bills were introduced to expand these self such time as I may consume. cogently set forth the arguments in op- restrictions to other government officials, Mr. Speaker, I rise in support of Sen- position to the preemployment restric- but none were enacted. ate Joint Resolution 5 in the nomina- tions imposed by the underlying provi- The American Bar Association (‘‘ABA’’) urges repeal of the USTR Amendment. While tion of Ambassador Charlene sion. Barshefsky to serve as U.S. Trade Rep- both the pre- and post-employment restric- Mr. Speaker, I strongly support the tions are objectionable, as discussed below, resentative. I have had the pleasure of nomination of Ambassador Barshefsky it is the pre-employment disqualification working with Ambassador Barshefsky as U.S. Trade Representative and urge that raises the most serious issues, and it is over the last few years. I cannot say my colleagues to vote for the waiver on this provisions that most urgently should be enough about her toughness, her tenac- Senate Joint Resolution 5. repealed. The provision sets a dangerous ity and her aggressive advocacy on be- AMERICAN BAR ASSOCIATION SECTION OF precedent for limiting the availability of half of U.S. interests. INTERNATIONAL LAW AND PRACTICE REC- qualified candidates to serve in the U.S. Gov- I know Ambassador Barshefsky is OMMENDATION TO THE HOUSE OF DELEGATES ernment. It automatically disqualifies po- tential nominees solely based on a prior rela- tough because the companies in my RECOMMENDATION district have benefited from her tough- tionship with a particular type of client. Be it resolved, That the American Bar Asso- Such a rule, which effectively equates an ad- ness. The Eighth Congressional Dis- ciation urges the Government of the United vocate’s personal views with those of his or trict of Illinois, my district, is home to States to proceed as follows: her client, reflects an unwarranted and in- some of the leading high-technology I. Congress should avoid statutory provi- correct view of the lawyer/client relation- companies in the country, and they sions that disqualify senior executive or ju- ship, especially in view of the ethical obliga- have gained market share, increased dicial appointees on the basis of clients they tions of lawyers and the constitutionally- their export sales, and hired new work- have previously represented. recognized right to counsel. In addition, such II. Congress and the Administration should a rule takes no account of the nature, ers in part due to Ambassador continue to utilize traditional mechanisms Barshefsky’s tenacity. It is because of length, significance or contemporaneity of (including the Senate’s power of confirma- the relationship with the former client. With her toughness that the cellular phone tion), rather than special pre- or post-em- regard to the new lifetime post-employment market in Japan is now more open ployment rules, to ensure that senior execu- restrictions for USTRs and Deputy USTRs, than ever, that China has signed a rig- tive and judicial positions are filled only by there has been no demonstration that such a orous agreement protecting intellec- highly qualified persons who will fulfill the ban is needed to address any real problem, tual property rights, and that Motor- responsibilities of their positions with com- and there are compelling reasons not to re- plete integrity. ola, to take just one example from my strict the post-employment conduct of trade III. Ethics-in-government rules, whether negotiators in such an unusual and severe district, has gained greater access to addressed to pre- or post-government em- the Chinese market. manner. ployment activities, should not single out In sum, the Report supports the accom- I have seen her in action. A year ago foreign policy or trade functions for special, panying ABA resolution urging that the Con- Ambassador Barshefsky started build- restrictive treatment. Congress should re- gress: avoid enacting disqualifications for ing support among the Quad nations peal the 1995 amendments to 18 U.S.C. § 207 service in the U.S. Government which pre- for a landmark information technology and 19 U.S.C. § 2171(b), whose effect is to re- sume that lawyers and other advisors take agreement. At the WTO ministerial strict the pre- and post-employment activi- on the views of their clients; avoid singling meeting in Singapore last December, I ties of U.S. Trade Representatives out foreign policy and trade functions for (‘‘USTRs’’) and Deputy USTRs on behalf of extra-restrictive pre- or post-government watched her work around the clock to foreign interests, and should not extend hold together an alliance and put in employment rules; and promptly repeal the those provisions to cover other senior gov- USTR Amendment. place an unprecedented market-open- ernment positions. ing agreement. It was an honor and a II. THE PRE-EMPLOYMENT RESTRICTIONS pleasure to see her rolling up her AMERICAN BAR ASSOCIATION SECTION OF The new pre-employment restriction is sleeves, getting the nitty-gritty detail INTERNATIONAL LAW AND PRACTICE REPORT unique among provisions in the U.S. Code TO THE HOUSE OF DELEGATES creating ‘‘primary officers’’ of the U.S. Gov- and coming out with a superior deal. ernment (i.e., positions requiring nomination I. INTRODUCTION She does not give up and she does not by the President and the advice and consent give in. I am very hopeful that under On July 24, 1995, while debating the Lobby- of the Senate). Of the hundreds of appointees 1 her leadership at USTR we would be ing Disclosure Act of 1995 (‘‘LDA’’), the Sen- in this category, only USTR and Deputy able to pass fast-track legislation that ate accepted an amendment creating a new USTR candidates can be disqualified based restriction on who could serve as United would permit the negotiation of fur- solely on the identity of their former clients. States Trade Representative (‘‘USTR’’) or There is a serious constitutional objection ther market-opening initiatives. Deputy USTR.2 Specifically, the statute de- It has been a real pleasure to work to this new pre-employment restriction, in fining the positions of USTR and Deputy that it infringes on the President’s appoint- with Ambassador Barshefsky in large USTR, 19 U.S.C. § 2171(b), was amended to ments power. The ABA notes, but does not part because of her rare ability to disqualify from eligibility anyone who at rest its concerns on, that objection. The new reach across party lines and work with any time in the past had directly rep- pre-employment restriction is also troubling Members from both sides of the aisle to resented, aided or advised a foreign govern- on several policy grounds: (1) it arbitrarily craft good deals that best serve our ment or political party in a trade negotia- limits the flexibility of the President to tion or trade dispute with the United States. companies and our workers. Good jobs choose and the Senate to confirm, the best A related section of the LDA created new re- possible person for a particular government and a strong economy are American strictions on the post-employment conduct goals, not Republican or Democrat position; (2) it presumes, without justifica- of persons who have served as USTR or Dep- tion, that a person advising a foreign govern- goals. Ambassador Barshefsky helps us uty USTR. Prior law had contained a special ment personally embraces and retains views reach those goals together by putting restriction, enacted in 1992, against a former antithetical to those of the U.S. Govern- aside politics and hammering out good ment; (3) it creates perverse anomalies policy that opens markets, increases Footnotes at end of article. unconnected to any legitimate interest in H824 CONGRESSIONAL RECORD — HOUSE March 11, 1997 ensuring the loyalty of senior appointees; B. It Is In The Public Interest for the President mines or more accurately represents the per- and (4) comparable disqualifications could to Be Free to Appoint the Most Highly Quali- son’s own beliefs. easily be enacted, based on the same flawed fied Nominees, Regardless of Past Clients When an individual leaves the private sec- rationale, for other government positions. The new disqualification rules out many tor and becomes a government official, he or she takes on totally new responsibilities and A. The New Disqualification Is of Doubtful qualified individuals who could otherwise must move beyond all prior client interests— Constitutionality serve the nation effectively as senior trade negotiators. The best qualified candidate for those of domestic and foreign clients alike. As mentioned above, there is virtually no a particular USTR or Deputy USTR appoint- Other than preserving their confidences, an legislative history accompanying the USTR ment may be someone who has some experi- appointee has no continuing obligation to Amendment and thus, unlike the debate sur- ence advising foreign clients. (We note, in prior clients. The USTR Amendment rounding provisions restricting post-govern- this regard, the adage that it is useful for a wrongly ignores this aspect of public service. ment employment activities, no discussion Reflecting its inconsistency with U.S. tra- prosecutor to have experience serving as de- by the Congress of the legality of the new ditions and values, the new disqualification fense counsel.) Yet, the USTR Amendment pre-employment restriction. As also noted is utterly without precedent in the U.S. would prevent such a person from serving. above, before the USTR Amendment there Code. Appendix 2 to this Report identifies 126 While it is wrong to presume a link be- were no statutory provisions disqualifying statutory provisions, relating to U.S. Gov- tween advocacy and personal belief, it is any class of persons from service as USTR or ernment civilian offices, that impose quali- even more wrong to freeze such a presump- Deputy USTR. fications in addition to Senate confirma- tion into a statute. Categorical and difficult- tion.11 As shown there, those 126 provisions It is well accepted that the Congress has to-amend statutory disqualifications cannot fall into seven groupings: 3 provisions requir- the constitutional responsibility for creating take into account the nuances of a particu- ing that appointees be U.S. citizens; 19 provi- the various government offices not specifi- lar candidate’s history. These are precisely cally enumerated in the Constitution.4 Fur- sions requiring that appointees be civilians the factors that the President should weigh at the time of their appointment; provisions ther, it is well accepted that the Congress in choosing a nominee and the Senate should can attach qualifications to those govern- that establish minimum representation on a review in the confirmation process. board or commission of certain constituent ment offices: The new disqualification does not only re- groups; provisions requiring technical exper- While Congress may not appoint those who strict the President’s appointments power. It execute the laws, it may lay down qualifica- tise; 6 provisions imposing ‘‘cooling off’’ pe- also represents a failure to respect the Sen- riods to ensure civilian control of the mili- tions of age, experience and so on. Some- ate’s constitutional role to consider, and times these qualifications significantly nar- tary; 7 provisions imposing other temporary where appropriate disapprove, the Presi- ‘‘cooling off’’ periods (e.g., sitting members row the field of choice. However, any Con- dent’s nominees. The Senate should preserve gressionally imposed qualifications must of the U.S. Postal Service Board of Gov- its prerogative to consider a particular ernors may not simultaneously be represent- have a reasonable relation to the office. Oth- nominee’s record of advocacy for foreign cli- erwise, Congress would be, in effect, creating atives of ‘‘special interests using the Postal ents, or foreign government clients, in the Service’’); and 2 provisions containing per- the appointing power in Congress, rather confirmation process and to determine manent, uncurable, disqualifications. Of than in the President. whether anything in that record is suffi- these, only the USTR disqualification is Congress may, in short, create the office ciently troubling to justify withholding con- based on advocacy activities. The other pro- but may not appoint the officer. To distin- firmation.9 vides that members of the permanent board guish between these two powers, the Court C. The Unstated Premise of the New Disquali- of the Federal Agriculture Mortgage Cor- 5 has developed a germaneness test. fication—That An Advocate is Either Tainted poration shall not be, or have been, officers The Department of Justice articulated just By or Continuously Captive to the Interests of or directors of a financial institution. such serious constitutional concerns with a Former Client—Is Inconsistent with U.S. D. The New Disqualification Creates Perverse the USTR Amendment as it relates to the Traditions and Values Anomalies President’s appointments power: During the 1974 Senate consideration of Before the USTR Amendment, there were The Department of Justice has long op- legislation to establish the office of special no statutory qualifications upon who could posed broad restrictions on the President’s prosecutor and to depoliticize the position of be nominated and confirmed to serve as constitutional prerogative to nominate per- Attorney General, former Supreme Court USTR or Deputy USTR. Not even U.S. citi- sons of his choosing to senior executive Justice Arthur Goldberg described the attor- zenship, or a record free of criminal behav- branch positions. The restriction in the bill ney-client relationship in the following man- ior, was (or is) statutorily required. Thus, is particularly problematic because it oper- ner: 10 the effect of the new pre-government em- ates in an area in which the Constitution One of the traditional concepts applicable ployment restriction is that a non-citizen, a commits special responsibility to the Presi- to the bar at large is too often overlooked in felon or even a juvenile could in principle be dent, who ‘‘is the constitutional representa- senatorial confirmation hearings involving nominated and confirmed as USTR, while a tive of the United States in its dealings with nominees for Attorney General, Assistant highly skilled trade specialist who briefly foreign nations.’’ See, e.g., United States v. Attorney General, Deputy, and U.S. Attor- advised a foreign government twenty years Louisiana, 363 U.S. 1, 35 (1960). The officers in neys. That concept—which I fear, Mr. Chair- ago could not. question perform diplomatic functions as the man, in the day of the organization man and Such a rule could also deprive the nation direct representative of the President, a fact big interests which lawyers are called upon of highly skilled and effective public serv- that Congress itself has recognized by pro- to serve, is too often overlooked—is that the ants. Had it been in effect at the time, the viding that they should enjoy the rank of bar is independent, that it is not a servant of USTR Amendment might have disqualified ambassador. 19 U.S.C. § 2171(b). Regardless of a client, but services a client; and that the one of President Reagan’s USTRs, Dr. Clay- whether the President would, as a policy men and women of the bar are independent ton K. Yeutter, for activities that apparently matter, be willing to accept this particular and give counsel and advise independently. did not dominate his pre-government profes- restriction, Congress would exceed its con- The principal law enforcement officers of the sional work.12 Extending the principle, as stitutionally assigned role by setting such a Government should be lawyers in that sense, some have proposed, to representing, aiding broad disqualification. See, e.g., Civil Service . . .. Any nominee of a different mind or or advising foreign private companies might Commission, 13 Op. Att’y Gen. 516, 520–21 character should not be confirmed by the have disqualified President Bush’s USTR, (1871).6 Senate. Carla Hills.13 Again, to the extent that ques- After passage of the Lobbying Disclosure For just such reasons, it is widely accepted tions arise in a particular case about the Act by both the Senate and the House, Jus- that a lawyer should not be ineligible for overlap between prior advocacy efforts and tice continued to express serious concerns nomination as a judge solely because of past the advocate’s own current beliefs, such about the new pre-employment provision, representation of, for example, criminal de- questions can be effectively explored during but did not recommend that the President fendants. the Senate confirmation process. veto the Act on this basis.7 The President in The USTR Amendment, and the proposals Broad and seemingly arbitrary interpreta- signing the bill noted the constitutional to extend the disqualification so that it ap- tions of the USTR Amendment are possible issue.8 plies to other government positions, adopts a given the lack of definitions, in either the The new disqualification raises serious sep- different and inaccurate view of the relation- statute or the legislative history, for crucial aration of powers questions. When such pro- ship between advocates and their clients. It and open-ended terms such as, but not lim- visions are enacted without hearings, with is wrong to assume that an outside adviser, ited to, ‘‘aided’’ and ‘‘advised.’’ For example, virtually no floor debate or legislative his- such as a lawyer, necessarily concurs with if a Senator meets with foreign government tory, and despite constitutional objections the views or actions of his or her client, or officials in an attempt to find a mutually ad- noted by the Department of Justice, the jus- will apply those views in carrying out the vantageous solution to a particular bilateral tifications underlying them should be care- duties of a public office. Certainly, if some- trade dispute, it could be argued that he or fully examined. Where such provisions are one represents more than one group of cli- she has ‘‘aided’’ or ‘‘advised’’ the foreign not only constitutionally suspect but also ents—for example, foreign governments in government in such a manner as to trigger premised on a mistaken and troublesome some matters and U.S. corporations in oth- disqualification from future service as view of the lawyer-client relationship, they ers—it cannot fairly be presumed that the USTR. On the other hand, it has been ob- should be removed. foreign government representation deter- served that the USTR Amendment would not March 11, 1997 CONGRESSIONAL RECORD — HOUSE H825 prevent appointment of a corporate execu- of federal workers since 1872.16 The earliest the comprehensive amendments passed in tive who, in order to increase profits at his versions approximating the current provi- the Ethics Reform Act of 1989, and without ailing company, negotiates an enormous tax sions were adopted in 1962, as part of an over- evaluation of ‘‘the implications of targeting subsidy from a foreign government in order all revision of the conflict-of-interest stat- for coverage just one position.’’ 29 President to move parts of his factory abroad and sub- utes.17. In short, a full and generally effec- Bush signed the bill because it was a nec- sequently fires hundreds of his U.S. work- tive array of government-wide post-employ- essary funding measure. ers.14 ment restrictions has been in place for many Continuing this pattern of acting without E. The New Disqualification Sets an Undesir- years. Those restrictions, subjected to sub- legislative hearings or development, the 1995 able Precedent for Other Government Posi- stantial revision and fine-tuning in the Eth- USTR Amendment enlarged this special tions ics in Government Act of 1978 18 and the Eth- USTR restriction to a lifetime ban, and ex- A significant danger of the USTR Amend- ics Reform Act of 1989,19 include: a lifetime panded the ban to cover Deputy USTRs as ment is that the same principle could be ap- ban on appearing before or communicating well as USTRs. Like the initial 1992 creation plied to other government positions involv- with any U.S. Government body on behalf of of the special post-employment rules of the Ethics in Government Act of 1978 or the Eth- ing disciplines other than international a party other than the United States, on ics Reform Act of 1989, each of which under- trade negotiation. Persons could be disquali- matters in which the official ‘‘participated went extensive legislative consideration— fied, by statute, from being federal judges personally and substantially’’ while a federal the USTR Amendment did so without any because they had at some time in their past employee;20 a two-year ban on appearing or meaningful legislative background. represented criminal defendants, even if communicating with any U.S. Government body on behalf of a party other than the This action raises serious legal and policy their representations had been the result of questions. In departing from the ‘‘waiting occasional court appointment. Positions at United States on matters that were pending under his or her official responsibility in the period’’ rationale that underlay the general the Environmental Protection Agency could one-year ban on representation of foreign year prior to departure from the agency;21 a be conditioned, by statute, on never having governments in the Ethics Reform Act of one-year ban for enumerated senior officials represented, aided or assisted clients in favor 1989,30 the new lifetime ban raises the very on all substantive contact with the former of, or opposed to, toxic dump cleanup. Posi- constitutional questions that led the Justice agency on behalf of a party other than the tions at the Department of Energy could be Department and other witnesses to express United States, which for Cabinet officers and conditioned, by statute, on never having rep- concern during the 1989 reform legislation. certain other very senior officials extends to resented, aided or assisted clients in favor of, One of the bills leading to the 1989 Act con- contacts with specified top officers of other or opposed to, offshore drilling. Positions at tained a lifetime ban on certain high ranking agencies as well;22 and a one-year ban prohib- the Consumer Product Safety Commission officials representing or advising foreign en- iting senior officials of all departments and could be conditioned, by statute, on never tities. In hearings on that bill, a Justice De- agencies from (i) representing the interests having represented, aided or assisted clients partment spokesman agreed that the life- of a foreign government or political party supporting, or opposing, specific product li- time ban raised a serious constitutional before any agency or department or (ii) aid- ability actions. More broadly, anyone who problem.31 Another Justice Department offi- ing or advising a foreign government or po- has given advice to entities in a regulated in- cial doubted that reducing the ban to 10 litical party with the intent to influence a dustry could be disqualified from putting his years would remove the constitutional prob- decision of any department or agency.23 or her expertise to use as a regulator in that lem.32 Commenting on a substitute version of industry. Such a rule would dramatically re- The last of these provisions, a special rule against senior officials’ representing or ad- the bill, a spokesperson for Common Cause strict the pool of qualified regulators. agreed with shifting away from a lifetime The ABA historically has advanced the vising foreign governments, drew a number ban on representing foreign governments in view that rigid (i.e., statutory) pre-employ- of policy and constitutional objections prior favor of a shorter period. While believing ment restrictions for government appoint- to and at the time of its enactment.24 This that the period for the ban should be longer ments should be avoided. For example, in the Report does not address the propriety of a than for other representations, Common wake of the perceived politicization of Jus- broad, government-wide, one-year ban on Cause was ‘‘very troubled by a lifetime ban tice Department functions during the Water- post-employment activity for foreign gov- and would not recommend that.’’ 33 Others gate period, during consideration of what ernments. It is noteworthy, however, that testified that even a 10-year ban was too eventually became the Ethics in Government this provision was justified against due proc- long.34 The ACLU suggested that ‘‘[a]t the Act of 1978, the ABA was asked to comment ess attack on the ground that it presented no very least such a prohibition should expire if on possible eligibility restrictions for senior absolute bar to pursuit of employment by the party controlling the White House law enforcement positions: covered officials, but ‘‘merely imposed a changes in the interim.’’ 35 Question. There have been many rec- waiting period’’ of one year.25 More importantly, no persuasive rationale ommendations to set the statutory require- These post-employment restrictions estab- has been advanced for applying special rules ments for appointees to the Offices of Attor- lish a comprehensive set of rules that apply to senior trade officials. Former USTRs were ney General, Deputy Attorney General, Di- across the board to federal officials and em- barred by pre-1992 law, for example: from rector of the FBI, and others. Do you gen- ployees in all agencies and departments. For ever assisting foreign governments in any erally believe it is a good idea to set rigid the most part, these rules appear to have matter in which they had direct involvement eligibility standards by statute, considering worked successfully.26 They apply with full while in government;36 for communicating that many highly qualified individuals would force to USTRs and Deputy USTRs, and with USTR officials on my policy issue for a be arbitrarily excluded from consideration thereby provide a solid framework for pro- period of the one year; 37 from communicat- by such standards? If so, what sorts of stand- tecting the public interest in regulating the ing with USTR officials within two years on ards would you suggest? post-employment activity of persons who oc- any matter that was active within USTR Answer. The ABA has not suggested rigid cupy those positions. during the last year of the former USTR’s standards for appointment to any of the B. Special Restrictions Placed Upon Senior service; 38 and from appearing before any above-mentioned positions nor does it be- Trade Negotiators 15 agency, within one year after leaving gov- lieve rigid standards are advisable. Beginning in 1992 and by expansion in the The USTR Amendment, by contrast, fails ernment, on behalf of a foreign government 1995 USTR Amendment, Congress created a 39 the test of narrow drafting and scope. It or political party. special rule that singles out former USTRs Taken together, these rules adequately reaches backward in time without limit, dis- and Deputy USTRs for special, more restric- protect against the possibility, and against qualifying otherwise qualified candidates by tive treatment than other, similarly-situ- the appearance of ‘‘influence peddling’’ or reason of any covered representation or as- ated, former senior officials. Congress did so ‘‘misuse of inside information’’ by former sistance at any earlier point in their careers. with virtually no meaningful deliberation or trade officials on behalf of foreign interests. The amendment reaches candidates who explanation. It is the ABA’s view that, in so There are at least three other compelling agreed to assist foreign governments with no doing, Congress created a separate category reasons to repeal the new post-employment idea that doing so might preclude later pub- of post-employment treatment for the senior restrictions. First, the restrictions could lic service. The amendment applies not to a U.S. trade officials that cannot be justified easily hinder advancement of U.S. interests carefully circumscribed category of activi- and should be eliminated. by diminishing the pool of qualified senior ties, but to any representation or assistance, The fist step along this path occurred in trade negotiator candidates. Among the fac- whether significant or insignificant, to any 1992, when Congress, as part of an appropria- tors cited in discouraging people from public foreign government on any trade ‘‘negotia- tions bill, enacted a new Section 207(f)(2) service are increasingly severe post-employ- tion’’ or ‘‘dispute’’ involving the United which lengthened to three years the foreign ment restrictions. Past USTRs and Deputy States. Finally, the amendment confuses the entity ban as it applied to the USTR.27 The USTRs have not made a full career of public advocate’s required role with his or her per- Senate report describing this provision con- service; like other senior appointees, they sonal views. tained no meaningful explanation or jus- have returned to their communities and III. THE POST-EMPLOYMENT RESTRICTIONS tification of the longer period.28 In signing their private practices after serving in public A. Post-Employment Restrictions of General the bill, President Bush took strong objec- office. Qualified candidates may decline to Application tion, noting that the change had been passed serve if their livelihoods—often after a rel- There have been restrictions on the post- without any public discussion of the merits, atively short period of government service— employment activities of various categories without consideration of its relationship to would thereby by materially jeopardized. H826 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Second, there has been no documented mis- sider nomination of Michael Kantor Before Senate Interest: Hearings on H.R. 5097 and Related Bills Be- conduct by former USTRs or Deputy USTRs Comm. on Finance, 103rd Cong., 1st Sess. (1993); fore the Subcommittee on Administrative Law and which would justify the new, heightened re- Nomination of Carla Anderson Hills: Before Senate Governmental Relations of the House Comm. on the Comm. on Finance, 101st Cong., 1st Sess. (1989). Judiciary, 99th Cong., 2d Sess. 79–80 (1986) (testi- strictions. Third, there is no principled rea- Nominations of Rufus Hawkins Yerza, Charlene mony of John C. Keeney, Deputy Assistant Attorney son to single out trade negotiators; rather, Barshefsky, Walter Broadnex, Avis Lavelle, Jerry General, Criminal Division, Department of Justice, the new restrictions simply penalize or de- Klegner, David Ellwood, Kenneth Apfel, Bruce on legislation leading up to the 1989 Act, arguing monize the representation of foreigners. Vladeck, Hariet Rabb and Jean Hanson: Before Sen- that post-employment restrictions could prohibit Other government officials—e.g., the Sec- ate Comm. on Finance, 103rd Cong., 1st Sess. (1993). representations which were in the national interest). retaries of Defense or Transportation, or the Other trade officials have done likewise. See, e.g., Similar views were forwarded by the ACLU, which Rick Jenkins, ‘‘Trade Nominations Raises ‘Revolv- maintained that a statute prohibiting the represen- Attorney General—could just as easily be ing Door’ Issue,’’ Christian Science Monitor at 8 tation of foreign interests regulated political activ- subject to the same lifetime ban. (Jan. 14, 1994). Another alternative is more extensive ity and, to be upheld, must withstand strict judicial Meanwhile, there has been absolutely no mandatory reporting of pre-employment activities scrutiny. See Post-Employment Restrictions for showing that the general rules applicable to over a set period before Senate confirmation, en- Federal Officers and Employees: Hearings on H.R. all other government officials insufficiently hancing the Senate’s ability to reject a nominee 2267 and Related Bills Before the Subcommittee on protect the interests of the United States. based on prior activities if it wishes. See, e.g., Hear- Administrative Law and Governmental Relations of The public interest is in having nominees ings on S. 555 (Public Officials Integrity Act of 1977, the House Comm. on the Judiciary, 101st Cong., 1st Blind Trusts and Other Conflict of Interest Matters) Sess. 200, 204–06 (1989). See also Appendix III to this who become public officials adhere to the Before the Senate Comm. on Governmental Affairs, Report. highest standards while executing the duties 95th Cong., 1st Sess. 108–09 (1977) (testimony of Fred 25 S. Rep. No. 101, 100th Cong., 1st Sess. 14 (1987). of their office. After someone leaves office, Wertheimer, Vice President for Operations, Common 26 The ABA may, of course, have occasion in the fu- the government’s interest is properly limited Cause). Requiring disclosure of clients is not with- ture to comment or suggest improvements that to preventing the misuse of its confidential out its problems. As noted by the ABA in 1977, such would enhance the effectiveness of these rules. That information and the misuse of influence.40 a regime could place a professional person in the po- is not the subject of this Report. sition of having to violate the confidentiality of a 27 Departments of Commerce, Justice, and State, IV. CONCLUSIONS AND RECOMMENDATIONS privileged relationship. See Financial Disclosure the Judiciary, and Related Agencies Appropriations For the reasons set out above, it is the Act: Hearings on H.R. 1, H.R. 9, H.R. 6954, and Com- Act, 1993, Section 609, Pub. L. No. 102–395, 106 Stat. view of the ABA that: Congress should avoid panion Bills Before the Subcommittee on Adminis- 1828, 1873 (1992). 28 statutory provisions that disqualify senior trative Law and Governmental Relations of the See S. Rep. No. 102–331, 102d Cong., 2d Sess. 118 (1992). executive or judicial appointees on the basis House Comm. on the Judiciary, 95th Cong., 1st Sess. 487, 490 (1977) (testimony of Prof. Livingston Hall 29 28 Weekly Compilation of Presidential Docu- of clients they have previously represented. and Prof. Herbert S. Miller on behalf of the Amer- ments 1874 (Oct. 12, 1992) (statement by President Congress and the Administration should con- ican Bar Association). George Bush upon signing H.R. 5678). tinue to utilize traditional mechanisms (in- 10 Removing Politics from the Administration of 30 See supra, fn. 25. cluding the Senate’s power of confirmation), Justice: Hearings on S. 2803, S. 2978 Before the Sub- 31 Integrity in Post Employment Act of 1986: Hear- rather than special pre- or post-employment committee on Separation of Powers of the Senate ings on S. 2334 Before the Senate Comm. on the Ju- Comm. on the Judiciary, 93rd Cong., 2d Sess. 62 diciary, 99th Cong., 2d Sess. 37–38, 41–43, 66 (1986) rules, to ensure that senior executive or judi- (testimony of John C. Keeney, Deputy Assistant At- cial positions are filled only by highly quali- (1974). 11 These are all the provisions that could be identi- torney General, Criminal Division, Department of fied persons who will fulfill the responsibil- fied through review of the U.S. Code, 1994 Edition, Justice). ities of their positions with complete integ- and Supplement I to that Edition. Some of these 32 Id. at 87–88 (testimony of Stephen S. Trott, As- rity. Ethics-in-government rules, whether provisions are also subject to statutory require- sistant Attorney General for the Criminal Division, addressed to pre- or post-government em- ments designed to ensure a balance of political af- Department of Justice). ployment activities, should not single out filiation on Boards and Commissions, e.g., an equal 33 See id. at 179 (testimony of Ann McBride, Senior number of Democrats and Republicans on the U.S. Vice President, Common Cause); Post-Employment foreign policy or trade functions for special, Conflicts of Interest: Hearings on H.R. 5097 and Re- restrictive treatment. Congress should re- International Trade Commission. Additionally, in some cases an office is required by statute to be lated Bills Before the Subcommittee on Administra- peal the 1995 amendments to 18 U.S.C. § 207 filled by an existing federal, state or local govern- tive Law and Governmental Relations of the House and 19 U.S.C. § 2171(b), whose effect is to re- ment official. Appendix II largely ignores such re- Comm. on the Judiciary, 99th Cong., 2d Sess. 103–04 strict the pre- and post-employment activi- quirements. (1986) (testimony of Ann McBride, Senior Vice Presi- ties of U.S. Trade Representatives 12 Dr. Yeutter had served on the board of directors dent, Common Cause). (‘‘USTRs’’) and Deputy USTRs on behalf of of the Swiss Commodities and Futures Association 34 See id. at 183, 186 (testimony of Norman J. Ornstein, American Enterprise Institute). foreign interests, and should not extend and had been the first American businessman in- 35 Hearings on S. 2334 (Integrity in Post Employ- those provisions to cover other senior gov- vited to Japan (in 1982) under a Japanese govern- ment program to improve trade relations with the ment Act of 1986) Before the Senate Comm. on the ernment positions. United States. See Hearing on the Nomination of Dr. Judiciary, 99th Cong., 2d Sess. 199 (1986) (testimony Respectfully submitted, Clayton K. Yeutter Before the Senate Comm. on Fi- of Morton H. Halperin and Jerry J. Berman on be- LUCINDA A. LOW, nance, 99th Cong., 1st Sess. 28–29, (1985) (vita submit- half of the American Civil Liberties Union). Chair, Section of International ted on behalf of Dr. Yeutter). 36 18 U.S.C. § 207(a)(1) (1989). Law and Practice. 13 According to third-party testimony at the time 37 18 U.S.C. § 207(c). of her appointment, Ambassador Hills had pre- 38 18 U.S.C. § 207(a)(2). FOOTNOTES viously been registered under the Foreign Agents 39 18 U.S.C. § 207(f). 1 Pub. L. No. 104–65, 109 Stat. 691 (1995). Registration Act as an agent for Daewoo Industrial 40 See Integrity in Post Employment Act of 1986: 2 See 141 Cong. Rec. S10560–61 (daily ed. July 24, Co. See Hearing on the Nomination of Carla Ander- Hearings on S. 2334 Before the Senate Comm. on the 1995). son Hills Before the Senate Comm. on Finance, 101st Judiciary, 99th Cong., 2d Sess. 79–80 (1986) (testi- 3 Pub. L. No. 102–395, 106 Stat. 1873, codified at 18 Cong., 1st Sess. 32, 51 (1989) (testimony of Anthony mony of David H. Martin, Director, Office of Govern- U.S.C. § 207(f)(2). Harrigan, President, U.S. Business and Industrial ment Ethics). The American Civil Liberties Union 4 See generally Laurence H. Tribe, American Con- Council). (‘‘ACLU’’) also opined that the misuse of inside in- stitutional Law 244 (2d ed. 1988) (analyzing the word- 14 See Donald DeKieffer, ‘‘The 1995 ‘Irrelevant formation should be the focus of ethics laws, rather ing of Art. II, § 2, cl. 2). Qualifications Act’ ’’ Journal of Commerce at 7A than the identity of the client. Id. at 198 (testimony 5 John E. Nowak & Ronald D. Rotunda, Constitu- (Dec. 30, 1996). of Morton H. Halperin and Jerry J. Berman on be- tional Law 265 (5th ed. 1995) (footnotes omitted). 15 Watergate Reorganization and Reform Act of half of the American Civil Liberties Union); Hear- 6 Letter from Andrew Fois, Assistant Attorney 1975: Hearings on S. 495 Before the Senate Comm. on ings on H.R. 2267 and Related Bills (Post-Employ- General, Office of Legislative Affairs, U.S. Depart- Government Operations, 94th Cong., 1st Sess., pt. 2 ment Restrictions for Federal Officers and Employ- ment of Justice to the Hon. Henry Hyde, Chairman, at 174 (1976) (testimony of William B. Spann, Jr., ees) Before the Subcommittee on Administrative House Committee on the Judiciary, concerning S. President-Elect Nominee of the American Bar Asso- Law and Governmental Relations of the House 1060 [the Senate bill pending before the House] 2–3 ciation and Chairman, American Bar Association Comm. on the Judiciary, 101st Cong., 1st Sess. 200, (Nov. 7, 1995). Special Committee to Study Federal Law Enforce- 210–11 (1989). 7 Letter from Andrew Fois, Assistant Attorney ment Agencies). The ABA did recommend limited Mr. HILL. Mr. Speaker, I rise today to ex- General, Office of Legislative Affairs, U.S. Depart- measures to address perceived problems of press my deep concern about our action to ment of Justice to the Hon. Alice M. Rivlin, Direc- politicization of the Department of Justice. See also tor, Office of Management and Budget concerning S. id. at 270–71, 295, 298. waive provisions of section 21 of the 1974 1060 2 (Dec. 18, 1995). 16 See S. Rep. No. 99–396, 99th Cong., 2d Sess. 13–14 Trade Act relating to the appointment of the 8 See 51 Weekly Compilation of Presidential Docu- (1986); S. Rep. No. 100–101, 100th Cong., 1st Sess. 8–9 U.S. Trade Representative. As you know, ments 2205–06 (December 25, 1995). (1987). Senate Joint Resolution 5 waives the prohibi- 9 The unwarranted breadth of the new disqualifica- 17 Prior provisions had barred former employees tion is demonstrated by the more narrowly drawn from prosecuting claims against the United States tion banning individuals who represent or have alternatives that Congress did not select. Even as- for two years after terminating government employ- previously represented foreign governments suming arguendo that assertive use of the Senate’s ment. See H. Rep. No. 748, 87th Cong., 1st Sess. 2–4 from serving as America's top trade represent- confirmation authority is insufficient, narrower so- (1961). ative. lutions are available. One is mandatory recusal with 18 Pub. L. No. 95–521, 92 Stat. 1824, 1864–66 (1978). Mr. Speaker, the law we are asked to waive penalties for failure to do so, combined with strict 19 Pub. L. No. 101–194, 103 Stat. 1716–24 (Nov. 30, reporting of prior activities. See, e.g., 28 U.S.C. § 528 1989). today is not some arcane law that has been (Justice Department employees). Recent USTR and 20 18 U.S.C. § 207(a)(1) (1996). in the books for decades which may have run Deputy USTR nominees have disclosed prior rep- 21 18 U.S.C. § 207(a)(2). its time. It is a law that was approved only 2 resentations, including foreign representations, and 22 18 U.S.C. §§ 207(c), (d). have voluntarily recused themselves (temporarily or 23 18 U.S.C. § 207(f). years ago to prevent lobbyists of foreign gov- permanently, as appropriate) with respect to issues 24 H. Rep. No. 1068, 100th Cong., 2d Sess. 13 (1988) ernments from obtaining an appointment to be involving those particular clients. Hearing to con- (regarding H.R. 5043); Post-Employment Conflicts of our chief trade negotiator. While I do not doubt March 11, 1997 CONGRESSIONAL RECORD — HOUSE H827 the competency and ability of Ambassador and technology, insurance, flat glass, and cel- Barshefsky will be a U.S. Trade Representa- Barshefsky to dedicate her best efforts as she lular phones and equipment and agreements. tive of which we will all be proud. has done as the Deputy U.S. Trade Rep- Ambassador Barshefsky was instrumental in Mrs. KENNELLY. Mr. Speaker, I rise today resentative, her association as a lobbyist for reaching the intellectual property rights en- in support of Senate Joint Resolution 5 which Canada touches a raw nerve in Montana. forcement agreement with China. I admire her waives certain provisions of the Trade Act of Mr. Speaker, the farmers and ranchers of determination in reaching agreements when 1974. This resolution would grandfather Am- my home State of Montana are suspicious of there were many skeptics. Several times it bassador Charlene Barshefsky from the appli- the administration's commitment to ensure that was down to the wire and she was able to cation of certain restrictive provisions of the NAFTA implementation is fair. To this point, come out with a solid agreement. Lobbying Disclosure Act of 1995. On occasion evidence suggests it isn't. The Lobby Act says I urge you to vote for this resolution. I look the Senate has granted similar waivers when that anyone who has worked against the Unit- forward to working with Ambassador a statutory provision would have barred a ed States in trade negotiations ought to be ex- Barshefsky in her role as USTR. highly qualified nominee from serving our Na- cluded from U.S. Government service as trade Mr. RANGEL. Mr. Speaker, I rise in strong tion's executive branch. Let me note, however, representative. When the President signed the support of Senate Joint Resolution 5, legisla- that this resolution applies only to Ambassador Lobby Act he singled out this provision for tion to waive certain provisions of the Lobby- Barshefsky and in no way modifies the statute praise. Without being too political, it is an un- ing Disclosure Act of 1995 with respect to the nor does it have implications for any other pro- usual request to waive the law just enacted. nomination of Ambassador Charlene spective nominees to serve as the U.S. Trade Though the issue is a material matter of law, Barshefsky to become the U.S. Trade Rep- Representative or as Deputy USTR. it also goes to the heart of trust. For my farm- resentative. This legislation is necessary to As a Member of the Ways and Means Com- ers and ranchers in Montana, there is a con- complete the nomination process of Ambas- mittee, I have had the pleasure of working stant threat of subsidized Canadian wheat and sador Barshefsky. with Ambassador Barshefsky during her time barley being dumped in United States mar- Ambassador Barshefsky has broad biparti- at USTR, first as deputy to Mickey Kantor and kets. These actions threaten Montanan's liveli- san support and deserves to be our next U.S. recently in the acting capacity. Ambassador hood and seriously question the free-trade Trade Representative. Last week, the other Barshefsky has been instrumental in develop- agreements with our northern neighbor. body approved her nomination and the waiver ing and pursuing a strong international trade As you know, Mr. Speaker, I consider Can- legislation before us today by overwhelming policy having successfully completed several ada a strong ally of the United States. We votes of 99±1 and 98±2, respectively. multilateral trade and investment treaties. Not share the longest unfortified border in the During her nearly 4 years of service at the only has she demonstrated her commitment world and a similar past of standing up against Office of the USTR, first as Deputy USTR and securing agreements beneficial to U.S. trade tyranny and for the values of democracy. since April of last year Acting USTR, Ambas- interests, she has also demonstrated her will- However, many Montanans are greatly trou- sador Barshefsky has compiled an impressive ingness to walk away from the table when bled by Canada's current trade practices. De- record opening foreign markets for U.S. ex- other countries have made insufficient offers. spite the implementation of the North Amer- porters and defending U.S. trade interests. For Given her tenacity and resolve on behalf of ican Free-Trade Agreement [NAFTA], Canada example, she recently concluded successful our country's trade interests, I firmly believe continues to subsidize its various industries multilateral agreements which will reduce or Charlene Barshefsky to be capable and well and commodities, including timber, beef, and eliminate tariffs worldwide on trade in informa- prepared for her role as Trade Representative. grain. tion technology products, and which will open Her professional achievements, her tough ne- Clearly, we need someone to vigorously ne- foreign markets for basic telecommunications gotiating skills and her knowledge of her sub- gotiate and highlight American interests in our services. Last December she concluded a bi- ject are most remarkable. I have worked with growing international trade. The stakes have lateral agreement with Japan on insurance few people who possess the ability to discuss never been higher for farmers and ranchers in which opens that market for U.S. insurance both the intricate details of trade minutia and my State of Montana. Our farmers need to providers. Last year, she also struck an agree- the whole picture with such clarity and coher- find markets and secure agreements for free ment with China providing for stronger en- ence. and fair trade. And they need to have con- forcement of U.S. intellectual property rights in We are embarking on a new age in the fidence that Washington is behind them 100 that country. global marketplace. If we are to remain com- percent. We passed a law to give them that Clearly, Ambassador Barshefsky has shown petitive, we must be able to compete in for- confidence. Now is not the time to waiver. that she is a tough and skillful negotiator inter- eign markets. The United States has vigor- Mr. Speaker, I believe that granting the nationally. More importantly, however, Ambas- ously pursued agreements and commitments waiver sends the wrong signal. Waiving the sador Barshefsky understands that inter- from our trading partners to open their mar- law only raises suspicion about our long-term national trade and our Nation's trade policies kets and reduce their trade barriers in both dedication to free trade. have an impact on the lives and futures of goods and services. These opportunities Mr. NEAL of Massachusetts. Mr. Speaker, I Americans. For that reason, she consults should benefit both American companies and support the legislation before us which grand- closely with Members of Congress and the consumers. That must be our goal in seeking fathers Ambassador Barshefsky from certain public at large on her actions. She clearly rec- expanded trade in the future; our economic provisions of the Lobbying Disclosure Act of ognizes that trade policy is a shared respon- well-being depends on it. 1995. When this legislation was considered in sibility of the executive and legislative I am confident that Ambassador Barshefsky the Senate, Ambassador Barshefsky was branches and carries out her responsibilities will continue to pursue a strong and fair trade grandfathered as Deputy U.S. Trade Rep- accordingly. agenda that seeks to promote our national in- resentative [USTR]. This resolution would ex- For those who may have questions or con- terests abroad and at home. I urge my col- tend that grandfather to Ambassador cerns about this waiver, it must be noted that leagues to support the waiver and vote for Barshefsky as she moves up to the position of Congress has previously passed legislation to Senate Joint Resolution 5. USTR. waive a statutory requirement on who may Mr. SMITH of Oregon. Mr. Speaker, I rise in I have served on the Subcommittee on serve in a particular Government position with support of Senate Joint Resolution 5, a joint Trade for 4 years and have had the oppor- respect to a specific nominee. It should also resolution waiving provisions of the Trade Act tunity to work closely with Ambassador be noted that, as Deputy USTR, Ambassador of 1974 relating to the appointment of the U.S. Barshefsky. Prior to joining USTR, Ambas- Barshefsky was specifically exempt from the Trade Representative. As the chairman of the sador Barshefsky specialized in trade law and provisions in question in the Lobbying Disclo- Committee on Agriculture I believe that it is policy for 18 years. She brings expertise to the sure Act. The Senate Finance Committee vital that the person representing the United position of USTR. carefully studies her record in the private sec- States in trade negotiations and resolution of In her 4 years at USTR, Ambassador tor and agreed unanimously that a waiver was disputes recognize that agriculture is an ex- Barshefsky negotiated many major bilateral entirely appropriate for Ambassador tremely important and essential issue to be and multilateral agreements. With respect to Barshefsky. considered in all trade negotiations and reso- Japan, Ambassador Barshefsky has been the Mr. Speaker, in the past several years I lutions of disputes. American farmers and key policymaker and negotiator. Her work has have come to know and admire Ambassador ranchers, the most productive in the world, resulted in agreements on the following is- Barshefsky's work and tireless dedication on can prosper only where there is free and fair sues: Government procurement of tele- behalf of the American people. I heartily en- world trade. communications equipment and services, Gov- dorse the legislation before us today and urge In fact, if not for agriculture exports the U.S. ernment procurement of medical equipment my colleagues to support it. Ambassador trade deficit would be larger than it currently H828 CONGRESSIONAL RECORD — HOUSE March 11, 1997 is. In 1996, U.S. agriculture exports totaled REPORT ON RESOLUTION PROVID- Mr. Speaker, H.R. 649 is a very $60 billion and the agriculture trade surplus ING FOR CONSIDERATION OF straightforward measure and simply exceeded $26 billion. There is, nevertheless, H.R. 852, PAPERWORK ELIMI- seeks to eliminate some of the unnec- ample opportunity for expansion of agriculture NATION ACT OF 1997 essary duplication that we have now trade into the 21st century. It is incumbent on Mrs. MYRICK, from the Committee within the DOE. the administration, through the Office of the on Rules, submitted a privileged report Currently, DOE is subject to two dif- Trade Representative and the Department of (Rept. No. 105–15) on the resolution ferent standards for public notification Agriculture, to make sure that opportunities (H.Res. 88) providing for consideration and response to public comment. One exist for trade expansion and that trade dis- of the bill (H.R. 852) to amend chapter set exists in the governmentwide Ad- putes are resolved in a timely manner. 35 of title 44, United States Code, popu- ministrative Procedure Act and a sepa- rate set exists in the DOE organiza- I have had the opportunity to meet with Am- larly known as the Paperwork Reduc- tional act. Likewise, DOE’s advisory bassador-Designate Barshefsky and she tion Act, to minimize the burden of committees are subject to a separate assures me of her knowledge of agriculture Federal paperwork demands upon small businesses, educational and nonprofit and more restrictive public participa- and her commitment to ensuring the proper tion than required of other Federal emphasis on agriculture export issues. In our institutions, Federal contractors, State and local governments, and other agencies. discussions we agreed that agriculture is the This measure would simply put DOE No. 1 high-tech export and the No. 1 priority persons through the sponsorship and use of alternative information tech- on the same par with other Federal with the USTR. Historically, agriculture has nologies, which was referred to the agencies for public notice and response been a leader in biotechnology, a process House Calendar and ordered to be to comments. DOE would be fully sub- through which researchers develop improved printed. ject to the provisions of the Adminis- seeds and crops, such as those naturally pro- f trative Procedure Act for advisory tected from diseases and insects. This proc- committees. This change simply allows ess has enabled farmers and ranchers to in- DEPARTMENT OF ENERGY DOE greater flexibility in closing off crease yields and thereby exports. It has also STANDARDIZATION ACT OF 1997 advisory committees to the public, brought challenges from our trading partners. Mr. DAN SCHAEFER of Colorado. fully consistent with the provisions of These challenges must be vigorously de- Mr. Speaker, I move to suspend the the Federal Advisory Committee Act. fended by the administration and Ambassador- rules and pass the bill (H.R. 649) to During my time in Congress, I have Designate Barshefsky assures me that she will amend sections of the Department of been a very strong supporter of public do so. Energy Organization Act that are obso- participation in the political process. The Uruguay Round agreement included lete or inconsistent with other statutes H.R. 649 will in no way diminish the provisions on sanitary and phytosanitary dis- and to repeal a related section of the ability of the public to participate in putes and provided that sound science be the Federal Energy Administration Act of DOE’s decisionmaking process, and will basis for resolution of such disputes. Coun- 1974. relieve some of DOE’s administrative tries' use of nontariff trade barriers to restrict The Clerk read as follows: burden in complying with two different imports, especially those related to sanitary H.R. 649 sets of standards. and phytosanitary issues, do great harm to Be it enacted by the Senate and House of Rep- I would especially like to thank the American agriculture exports and thereby the resentatives of the United States of America in ranking member of the Subcommittee Congress assembled, income of our farmers and ranchers. This on Energy and Power, and fellow spon- SECTION 1. SHORT TITLE. must be a high priority with the administration. sor of this bill, the gentleman from This Act may be cited as the ‘‘Department Texas [Mr. HALL], for working with me The Committee on Agriculture will hold a of Energy Standardization Act of 1997’’. in a very cooperative mood. We will hearing on March 18, 1997, to discuss agri- SEC. 2. STANDARDIZATION OF DEPARTMENT OF have many more chances to work to- culture trade and the barriers that face export- ENERGY REQUIREMENTS WITH GOV- ERNMENT-WIDE REQUIREMENTS. gether in such a bipartisan effort and ers. The Secretary of Agriculture and the U.S. (a) DEPARTMENT OF ENERGY REGULA- spirit as we move on. Trade Representative have been invited to TIONS.—Section 501 of the Department of En- H.R. 649 is supported by the Depart- testify. This will be an opportunity for the rep- ergy Organization Act (42 U.S.C. 7191) is ment of Energy. It is a bipartisan bill, resentatives of the administration to discuss amended— and is a good, commonsense piece of (1) by striking subsections (b) and (d), implementation of trade agreements, the mon- legislation. I would recommend its itoring of the implementation of these agree- (2) by redesignating subsection (c) as sub- section (b) and by redesignating subsections adoption by the whole House. ments by other countries, and to delineate (e), (f), and (g) as subsections (c), (d), and (e), Mr. Speaker, I reserve the balance of how they will secure fair treatment for Amer- respectively, and my time. ican commodities in world trade. (3) in subsection (c) (as so redesignated), by Mr. HALL of Ohio. Mr. Speaker, I In my discussions with Ambassador-Des- striking ‘‘subsections (b), (c), and (d)’’ and yield myself such time as I may inserting ‘‘subsection (b)’’. consume. I will be brief, Mr. Speaker, ignate Barshefsky she assures me that agri- (b) SPECIAL REQUIREMENTS AFFECTING AD- culture will be a top priority under her watch. VISORY COMMITTEES.— because the gentleman from Colorado, That is why I will support Senate Joint Resolu- (1) SECTION 624.—Section 624 of the Depart- Mr. DAN SCHAEFER has pretty well tion 5 and the waiver needed to allow her to ment of Energy Organization Act (42 U.S.C. closed in on the issue before us. How- assume the position of USTR. 7234) is amended by— ever, I just want to say that I rise (A) striking ‘‘(a)’’; and today very much in support of H.R. 649, Mr. CRANE. Mr. Speaker, I yield (B) striking subsection (b). the Department of Energy Standardiza- back the balance of my time. (2) TECHNICAL AND CONFORMING AMEND- tion Act, which I had the pleasure of Mr. RANGEL. Mr. Speaker, I yield MENT.—Section 17 of the Federal Energy Ad- ministration Act of 1974 (15 U.S.C. 776) is re- helping to introduce with my good back the balance of my time. pealed. friend and chairman of the Subcommit- The SPEAKER pro tempore. The The SPEAKER pro tempore. Pursu- tee on Energy and Power, the gen- question is on the motion offered by ant to the rule, the gentleman from tleman from Colorado, Mr. DAN SCHAE- the gentleman from Texas [Mr. AR- Colorado, Mr. DAN SCHAEFER, and the FER. CHER] that the House suspend the rules gentleman from Texas, Mr. HALL each Actually, the DOE Standardization and pass the Senate joint resolution, will control 20 minutes. Act simply addresses the duplicative Senate Joint Resolution 5. The Chair recognizes the gentleman regulation being placed on the Energy from Colorado, Mr. DAN SCHAEFER. Department in its public involvement The question was taken; and (two- (Mr. DAN SCHAEFER asked and was process. This is a critical process, and thirds having voted in favor thereof), given permission to revise and extend it is a very critical process in any Fed- the rules were suspended and the Sen- his remarks.) eral decisionmaking, and it is defined ate Joint Resolution was passed. Mr. DAN SCHAEFER of Colorado. within the boundaries of the Adminis- A motion to reconsider was laid on Mr. Speaker, I yield myself such time trative Procedure Act and Federal Ad- the table. as I may consume. visory Committee Act. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H829 However, I think it was stated that SECTION 1. EXTENSION OF DEADLINE. Mr. Speaker, I reserve the balance of the Department of Energy Organiza- (a) IN GENERAL.—Notwithstanding the time my time. tion Act and the Federal Administra- period specified in section 13 of the Federal (Mr. HALL of Texas asked and was Power Act (16 U.S.C. 806) that would other- given permission to revise and extend tion Act of 1974 include provisions that wise apply to Federal Energy Regulatory are inconsistent with these two other Commission project numbered 8864, the Com- his remarks.) acts. So because DOE is having to com- mission shall, upon the request of the project Mr. HALL of Texas. Mr. Speaker, I ply with different standards within licensee, in accordance with the good faith, yield myself such time as I may various rulemaking statutes, H.R. 649 due diligence, and public interest require- consume. attempts to streamline these regula- ments of that section and the Commission’s Mr. Speaker, I rise today in support tions by eliminating those provisions procedures under that section, extend the of H.R. 651, introduced by my good of the DOE Act and Federal Energy Ad- time period during which the licensee is re- friend, the gentleman from Washing- quired to commence construction of the ton, Mr. RICK WHITE. This bill simply ministration Act of 1974 which conflict project for not more than 3 consecutive 2- with or which overlap the requirements extends a construction deadline appli- year periods. cable to hydroelectric projects in the of the Administrative Procedure Act (b) APPLICABILITY.—An extension under and Federal Advisory Committee Act. subsection (a) shall take effect for a project State of Washington, licensed by the So of course, streamlining these reg- upon the expiration of the extension, issued Federal Energy Regulatory Commis- ulations is estimated to result in a sav- by the Commission under section 13 of the sion. The chairman has adequately ex- ings of about a half a million dollars a Federal Power Act (16 U.S.C. 806), of the pe- plained the ramifications of the bill. I year for the Federal Government, and I riod required for commencement of construc- tion of the project. think FERC does oppose affording li- think that the gentleman from Colo- (c) REINSTATEMENT OF EXPIRED LICENSE.— censees more than a 10-year extension rado, Mr. DAN SCHAEFER, the chairman If the license for the project referred to in from the issuance date of the license, of the subcommittee, and all of our col- subsection (a) has expired prior to the date but in this case H.R. 651 extends the leagues on both sides of the aisle can of enactment of this Act, the Commission deadline up to 6 years, which in total- agree that cutting wasteful spending shall reinstate the license effective as of the ity would extend the project from the should always be a top priority in Con- date of its expiration and extend the time re- beginning to exactly 10 years, in ac- gress, however small or however great, quired for commencement of construction of the project as provided in subsection (a) for cordance with the law. and I certainly urge my colleagues to not more than 3 consecutive 2-year periods, In accordance with the 10-year rule, vote ‘‘yes.’’ the first of which shall commence on the FERC has no objection to the bill. Mr. Speaker, I have no further re- date of such expiration. It is not without warranted reason quests for time and I yield back the The SPEAKER pro tempore. Pursu- that these hydroelectric projects are in balance of my time. ant to the rule, the gentleman from need of license extensions. In the case b 1445 Colorado, Mr. DAN SCHAEFER, and the of the project in Washington State, the gentleman from Texas, Mr. HALL, each lack of power purchase agreements is Mr. DAN SCHAEFER of Colorado. will control 20 minutes. Mr. Speaker, I have no further requests the main reason construction has not The Chair recognizes the gentleman commenced. Without these power pur- for time, and I yield back the balance from Colorado (Mr. DAN SCHAEFER). of my time. chase agreements, the project is not Mr. DAN SCHAEFER of Colorado. economically viable because it cannot The SPEAKER pro tempore (Mr. Mr. Speaker, under section 13 of the GOODLATTE). The question is on the be financed; all the while the deadline Federal Power Act, hydro project con- clock is running. And these cir- motion offered by the gentleman from struction must begin within 4 years of Colorado, Mr. DAN SCHAEFER that the cumstances make it critical for a con- the issuance of a license. If construc- struction license to be granted in ac- House suspend the rules and pass the tion has not begun by that time, the bill, H.R. 649. cordance with the 10-year rule and FERC cannot extend the deadline and FERC’s agreement. The question was taken; and (two- must terminate that license. thirds having voted in favor thereof) This is an easy bill with no objection H.R. 651 and another bill we are going from FERC, and I strongly urge my the rules were suspended and the bill to be considering very shortly, H.R. was passed. colleagues to join me in voting. 652, provide for up to three additional Mr. Speaker, I reserve the balance of A motion to reconsider was laid on 2-year extensions of the construction my time. the table. deadline if the sponsor pursues the Mr. DAN SCHAEFER of Colorado. GENERAL LEAVE commencement of construction in good Mr. Speaker, I yield such time as he Mr. DAN SCHAEFER of Colorado. faith and with due diligence. may consume to the gentleman from Mr. Speaker, I ask unanimous consent Mr. Speaker, these types of bills have Washington, RICK WHITE, who is the that all Members may have 5 legisla- not been controversial in the past. The sponsor of the bill. tive days within which to revise and bills do not change the license require- Mr. WHITE. I will be very brief, Mr. extend their remarks on H.R. 649, the ment in any way and do not change en- Speaker. I want to thank the chairman bill just passed and to insert extra- vironmental standards, but merely ex- and ranking member for helping us neous material. tend the statutory deadline for com- bring these bills to the floor. I simply The SPEAKER pro tempore. Is there mencement of construction. There is a want to reiterate what they said. objection to the request of the gen- need to act now, since the construction Mr. Speaker, this is one of these bills tleman from Colorado? deadlines for these projects will soon that it is a great pleasure to work on, There was no objection. expire. If Congress does not act, FERC because I think we are all in agreement f will terminate the license, the project that this is the sort of thing we should sponsors will lose many of the dollars do. These bills, both of them, H.R. 651 EXTENDING DEADLINE FOR HY- they have invested in the projects, and and 652, simply extend the deadline for DROELECTRIC PROJECT IN communities will lose the prospect of construction of these dams within the WASHINGTON STATE significant job creation and added reve- 10-year period that FERC prefers. I Mr. DAN SCHAEFER of Colorado. nues. want to thank both the chairman and Mr. Speaker, I move to suspend the H.R. 651 will authorize FERC to ex- the ranking member once again for al- rules and pass the bill (H.R. 651) to ex- tend the deadline for the construction lowing these bills to come forward. tend the deadline under the Federal on the Calligan Creek project, a 5- Mr. HALL of Texas. Mr. Speaker, I Power Act for the construction of a hy- megawatt project in King County, have no further requests for time, and droelectric project located in the State Washington, for up to 6 additional I yield back the balance of my time. of Washington, and for other purposes. years. There is a reason to act quickly, Mr. DAN SCHAEFER of Colorado. The Clerk read as follows: since the construction deadline expires Mr. Speaker, I have no further requests H.R. 651 on May 13, 1997. FERC has no objection for time, and I yield back the balance Be it enacted by the Senate and House of Rep- to H.R. 651. of my time. resentatives of the United States of America in I urge my colleagues to support H.R. The SPEAKER pro tempore. The Congress assembled, 651. question is on the motion offered by H830 CONGRESSIONAL RECORD — HOUSE March 11, 1997 the gentleman from Colorado, Mr. DAN Mr. DAN SCHAEFER of Colorado. tive days within which to revise and SCHAEFER, that the House suspend the Mr. Speaker, I yield myself such time extend their remarks on the bill, H.R. rules and pass the bill, H.R. 651. as I may consume. 652, and to insert extraneous material. The question was taken; and (two- Mr. Speaker, H.R. 652, similar to H.R. The SPEAKER pro tempore. Is there thirds having voted in favor thereof) 651, would authorize FERC to extend objection to the request of the gen- the rules were suspended and the bill the deadline for the construction of the tleman from Colorado? was passed. Hancock Creek Project, a 6-megawatt There was no objection. A motion to reconsider was laid on project in King County, WA, for up to f the table. three additional 2-year periods. DESIGNATING THE RESERVOIR f According to the project’s sponsor, CREATED BY TRINITY DAM IN construction has not commenced for GENERAL LEAVE THE CENTRAL VALLEY PROJECT, the lack of a power purchase agree- CALIFORNIA, AS ‘‘TRINITY Mr. DAN SCHAEFER of Colorado. ment. There is a reason for the sub- LAKE’’ Mr. Speaker, I ask unanimous consent committee to act as the construction that all Members may have 5 legisla- deadline expires on June 21 of 1997. Mr. DOOLITTLE. Mr. Speaker, I tive days within which to revise and FERC has no objection to this bill, move to suspend the rules and pass the extend their remarks on H.R. 651 and to H.R. 652, and I would urge support for bill (H.R. 63) to designate the reservoir insert extraneous material on the bill. the bill. created by Trinity Dam in the Central The SPEAKER pro tempore. Is there Mr. Speaker, I reserve the balance of Valley project, California, as ‘‘Trinity objection to the request of the gen- my time. Lake’’. tleman from Colorado? (Mr. HALL of Texas asked and was The Clerk read as follows: There was no objection. given permission to revise and extend H.R. 63 f his remarks.) Be it enacted by the Senate and House of Rep- EXTENDING DEADLINE FOR HY- Mr. HALL of Texas. Mr. Speaker, I resentatives of the United States of America in Congress assembled, DROELECTRIC PROJECT IN yield myself such time as I may SECTION 1. DESIGNATION OF TRINITY LAKE. WASHINGTON STATE consume. Mr. Speaker, today again I rise in (a) DESIGNATION.—The reservoir created by Mr. DAN SCHAEFER of Colorado. support of H.R. 652, also introduced by Trinity Dam in the Central Valley project, California, and designated as ‘‘Clair Engle Mr. Speaker, I move to suspend the a fine young man, the gentleman from rules and pass the bill (H.R. 652) to ex- Lake’’ by Public Law 88–662 (78 Stat. 1093) is Washington, Mr. RICK WHITE. This bill tend the deadline under the Federal hereby redesignated as ‘‘Trinity Lake’’. simply allows the Federal Energy Reg- (b) REFERENCES.—Any reference in any Power Act for the construction of a hy- ulatory Commission to extend the con- law, regulation, document, record, map, or droelectric project located in the State struction deadline for the Hancock other paper of the United States to the res- of Washington, and for other purposes. Creek project in King County, WA. ervoir referred to in subsection (a) shall be The Clerk read as follows: As the chairman stated, this is ex- considered to be a reference to ‘‘Trinity H.R. 652 actly like H.R. 651, a similar bill we Lake’’. Be it enacted by the Senate and House of Rep- (c) REPEAL OF EARLIER DESIGNATION.—Pub- just finished speaking in support of. lic Law 88–662 (78 Stat. 1093) is repealed. resentatives of the United States of America in H.R. 652 authorizes FERC to extend the Congress assembled, The SPEAKER pro tempore. Pursu- commencement of the construction for SECTION 1. EXTENSION OF DEADLINE. ant to the rule, the gentleman from the 6.3-megawatt project in Washing- (a) IN GENERAL.—Notwithstanding the time California [Mr. DOOLITTLE] and the period specified in section 13 of the Federal ton State for up to 6 years. With this gentleman from Hawaii [Mr. ABER- Power Act (16 U.S.C. 806) that would other- extension, the hydroelectric project CROMBIE] each will control 20 minutes. wise apply to Federal Energy Regulatory would have a full 10 years. The Chair recognizes the gentleman Commission project numbered 9025, the Com- I strongly urge Members to vote in from California [Mr. DOOLITTLE]. mission shall, upon the request of the project support of H.R. 652 and allow this Mr. DOOLITTLE. Mr. Speaker, I licensee, in accordance with the good faith, project sufficient time to commence its yield myself such time as I may due diligence, and public interest require- construction. consume. ments of that section and the Commission’s Mr. DAN SCHAEFER of Colorado. procedures under that section, extend the Mr. Speaker, this basically is a sim- time period during which the licensee is re- Mr. Speaker, I yield such time as he ple name change to relieve a lot of con- quired to commence construction of the may consume the gentleman from fusion surrounding the name of this project for not more than 3 consecutive 2- Washington [Mr. WHITE]. particular reservoir. Everything else in year periods. Mr. WHITE. Mr. Speaker, once again the area is referred to as Trinity Dam (b) APPLICABILITY.—An extension under I thank the chairman and ranking or Trinity Power Plant. Making this subsection (a) shall take effect for a project member for bringing this bill forward. Trinity Lake would relieve the confu- upon the expiration of the extension, issued It is exactly like H.R. 651. They both sion and would, frankly, enhance the by the Commission under section 13 of the should pass for the same reasons. Federal Power Act (16 U.S.C. 806), of the pe- efforts of the communities to appeal riod required for commencement of construc- Mr. HALL of Texas. Mr. Speaker, I more to tourism, which is what they tion of the project. have no further requests for time, and are hoping to do. (c) REINSTATEMENT OF EXPIRED LICENSE.— I yield back the balance of my time. Mr. Speaker, I know of no opposition If the license for the project referred to in Mr. DAN SCHAEFER of Colorado. to this. Similar legislation passed the subsection (a) has expired prior to the date Mr. Speaker, I have no further requests House in the last Congress, but the of enactment of this Act, the Commission for time, and I yield back the balance Senate took no action. This did not shall reinstate the license effective as of the of my time. have any problem coming out of our date of its expiration and extend the time re- The SPEAKER pro tempore. The quired for commencement of construction of committee, and I urge our colleagues the project as provided in subsection (a) for question is on the motion offered by to support the bill. not more than 3 consecutive 2-year periods, the gentleman from Colorado, Mr. DAN Mr. Speaker, I reserve the balance of the first of which shall commence on the SCHAEFER, that the House suspend the my time. date of such expiration. rules and pass the bill, H.R. 652. Mr. ABERCROMBIE. Mr. Speaker, I The SPEAKER pro tempore. Pursu- The question was taken; and (two- yield myself such time as I may ant to the rule, the gentleman from thirds having voted in favor thereof), consume. Colorado [Mr. DAN SCHAEFER], and the the rules were suspended and the bill Mr. Speaker, I note for the RECORD gentleman from Texas, [Mr. HALL] each was passed. that Clair Engle was a distinguished will control 20 minutes. A motion to reconsider was laid on member of the House of Representa- The Chair recognizes the gentleman the table. tives from California, and also a U.S. from Colorado, [Mr. DAN SCHAEFER]. GENERAL LEAVE Senator, and that we recognize the (Mr. DAN SCHAEFER of Colorado asked Mr. DAN SCHAEFER of Colorado. practical reasons for this name change. and was given permission to revise and Mr. Speaker, I ask unanimous consent We also note that this action in no extend his remarks.) that all Members may have 5 legisla- way diminishes the respect we have for March 11, 1997 CONGRESSIONAL RECORD — HOUSE H831 Clair Engle. The committee report sug- ``Congressman Fireball,'' as Clair Engle was the gentleman from Hawaii [Mr. ABER- gests that another facility may in the sometimes known, was an active and out- CROMBIE], I will reserve the balance of future be designated in honor of Clair spoken Member of Congress and provided my time and yield to him to explain Engle, and I believe that would be an leadership at a key moment in our history. I the joint resolution. appropriate action to honor his mem- believe it was fitting that his long service to Mr. ABERCROMBIE. Mr. Speaker, I ory. California was recognized in naming Clair yield myself such time as I may With that, Mr. Speaker, I yield back Engle Lake in 1964, and I hope Congress will consume. the balance of my time. find a suitable substitute as quickly as pos- Mr. Speaker, I thank the gentleman Mr. DOOLITTLE. Mr. Speaker, I sible. from California for offering me the op- yield myself such time as I may Mr. DOOLITTLE. Mr. Speaker, I portunity to explain this resolution. consume. yield back the balance of my time. Mr. Speaker, I rise today in support Let me say I concur with the gentle- The SPEAKER pro tempore. The of my joint resolution, House Joint man’s sentiment. It is entirely appro- question is on the motion offered by Resolution 32, to consent to certain priate that we have something named the gentleman from California [Mr. amendments by the legislature of the in honor of Senator Engel. This area DOOLITTLE] that the House suspend the State of Hawaii to the Hawaiian Homes was, generally speaking, the area from rules and pass the bill, H.R. 63. Commission Act of 1920. which he came. We would certainly The question was taken; and (two- Over 75 years have elapsed since Con- support an appropriate designation in thirds having voted in favor thereof) gress passed the Hawaiian Homes Com- his honor. This, however, is I think the rules were suspended and the bill mission Act of 1920. Under the Hawai- necessary to assist the community in was passed. ian Homes Commission Act, approxi- clearing up considerable confusion that A motion to reconsider was laid on mately 203,500 acres of public lands was does exist. the table. set aside for the rehabilitation of na- Mr. FAZIO of California. Mr. Speaker, I rise f tive Hawaiians through a Government- in reluctant support of this bill today. Certainly, sponsored homesteading project. it is important that Congress take the lead GENERAL LEAVE Two major factors prompted Con- from the wisdom of local government when it Mr. DOOLITTLE. Mr. Speaker, I ask gress to pass this act. First, native Ha- is appropriate, and I understand that the gen- unanimous consent that all Members waiians were a dying race. Population esis of this bill is a unanimous resolution by may have 5 legislative days within data showed that the number of full- the Trinity County Board of Supervisors asking which to revise and extend their re- blooded Hawaiians in the territory, the that Clair Engle Lake be renamed. However, Congress does not act lightly in marks on H.R. 63. then-territory of Hawaii, had decreased honoring one of its Members. Not every Mem- The SPEAKER pro tempore. Is there from an 1826 estimate of 142,650 to ber of Congress is honored by a congres- objection to the request of the gen- 22,600 in 1919. sional resolution which names a public facility tleman from California? Second, Congress saw that previous in honor of a Member's service, and Congress There was no objection. systems of land distribution were inef- make a diligent effort to choose a suitable f fective when judged practically by the benefits accruing to native Hawaiians. honor commensurate with the Member's con- GRANTING CONSENT TO CERTAIN tributions to his State and the Nation. These The Hawaiian Homes Commission Act AMENDMENTS ENACTED BY THE was originally intended for rural home- decisions are not made lightly and should not HAWAII LEGISLATURE TO HA- lightly be cast off as our memories of signifi- steading; that is, for native Hawaiians WAIIAN HOMES COMMISSION ACT to leave urban areas and return to cant achievements fade. OF 1920 The committee report states the intention to lands to become subsistence or com- name a suitable Central Valley Project facility Mr. DOOLITTLE. Mr. Speaker, I mercial farmers and ranchers. for Clair Engle in exchange for the change of move to suspend the rules and pass the b 1500 name for this lake. I would feel less anxious joint resolution (H.J. Res. 32) to con- Yet the demand of native Hawaiians about our action today if that renaming was sent to certain amendments enacted by for residential house lots has far ex- part of the resolution in front of us. the legislature of the State of Hawaii Some may remember one of Clair Engle's to the Hawaiian Homes Commission ceeded the demand for agricultural or last acts, when shortly before his death and Act of 1920. pastoral lots. partially paralyzed, he was wheeled twice into The Clerk read as follows: The Hawaii Statehood Act of 1959 shifted the responsibility for the ad- the U.S. Senate chamber to vote, first to end H.J. RES. 32 debate on the landmark Civil Rights Act of ministration of the Hawaii Homes Resolved by the Senate and House of Rep- Commission Act from the Territory to 1964 and a second time to vote on final pas- resentatives of the United States of America in sage. These heroic acts exemplified his long Congress assembled, That, as required by sec- the State of Hawaii. In accordance record of opposition to racial discrimination. tion 4 of the Act entitled ‘‘An Act to provide with the Statehood Act, title to the He died 1 month later. for the admission of the State of Hawaii into available lands was transferred to the But we in California also remember him for the Union’’, approved March 18, 1959 (73 Stat. new State. The Statehood Act, how- his long service to our State, especially his 4), the United States consents to the follow- ever, also included certain require- ing amendments to the Hawaiian Homes ments regarding the State of Hawaii’s chairmanship of the House Interior and Insular Commission Act, adopted by the State of Ha- Affairs Committee and his championing of im- administration of the Hawaii homes waii in the manner required for State legis- program, and it is these that give rise provements to the Central Valley Reclamation lation: Project and to public power development. (1) Act 339 of the Session Laws of Hawaii, to joint resolution. Engle was born in Bakersfield in 1911 and 1993. Section 4 of the Hawaii Statehood won election as the youngest county district (2) Act 37 of the Session Laws of Hawaii, Act provides that, and I quote, ‘‘the attorney in California's history, just 1 year after 1994. consent of the United States,’’ un- his graduation from the University of California The SPEAKER pro tempore. Pursu- quote, would be required for certain Hastings College of Law in 1933. He had ant to the rule, the gentleman from amendments by the State to the Ha- graduated from Chico State College in 1930. California [Mr. DOOLITTLE] and the waiian Homes Commission Act. As part He served as Tehama County district attor- gentleman from Hawaii [Mr. ABER- of the administrative responsibility ney from 1934 to 1942. Engle then spent one CROMBIE] each will control 20 minutes. the Department of the Interior under- term in the State senate before winning elec- The Chair recognizes the gentleman took in 1983 as, quote, ‘‘lead Federal tion to the House of Representatives in a 1943 from California [Mr. DOOLITTLE]. agency,’’ unquote, for purposes of the special election for a district which covered Mr. DOOLITTLE. Mr. Speaker, I Hawaiian Homes Commission Act, the one-third of the State's land areaÐfrom the yield myself such time as I may department and the Governor of Ha- Mojave Desert to Oregon. consume. waii informally agreed in 1987 to a pro- A member of the Interior and Insular Affairs Mr. Speaker, I have a statement that cedure under which the department Committee beginning in 1951, he became its I intend to submit for the RECORD. But would become involved in securing con- chair in 1955 and served until 1958, when he in that this resolution indeed is au- sent to State amendments to the Ha- was elected to the U.S. Senate. thored by a member of our committee, waiian Homes Commission Act. H832 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Congress has previously enacted two Mr. ABERCROMBIE. Mr. Speaker, I One final comment, Mr. Speaker, statutes consenting to various amend- yield such time as he may consume to while I am in full support of the legis- ments to the Hawaiian Homes Commis- the gentleman from American Samoa lation we are considering today, I do sion Act by the State of Hawaii: Public [Mr. FALEOMAVAEGA]. not want my statement to be inter- Laws 99–577 and 100–398. (Mr. FALEOMAVAEGA asked and preted as a change of my position on Generally, it has been the position of was given permission to revise and ex- blood quantum requirements. We did it the Department of the Interior in con- tend his remarks.) with the native Indians, we did it with nection with State amendments to the Mr. FALEOMAVAEGA. Mr. Speaker, the native Hawaiians and we did it Hawaiian Homes Commission Act to I certainly would like to commend the with Samoans. I continue to find eligi- refrain from second-guessing the Ha- gentleman from Hawaii for being the bility criteria based on blood quantum waii State Legislature and Governor of chief sponsor of this piece of legisla- abhorrent, and I continue to oppose Hawaii with respect to merits of the tion, and I thank the gentleman from any such restriction. amendments. California for his cooperation in bring- Mr. Speaker, I urge my colleagues to The following two amendments have ing this piece of legislation to the support this legislation. been determined to require the consent floor. This legislation passed unani- Mr. ABERCROMBIE. Mr. Speaker, I of the United States and again by ex- mously the House Committee on Re- yield myself such time as I may tension therefore are meeting on the sources last week, and I am very happy consume. floor today on this resolution: that we are now bringing it for floor I will conclude merely by comment- One of them is Act 339 of the Session consideration. ing on my colleague from American Laws of Hawaii, 1993. This statute es- Mr. Speaker, I rise today in strong Samoa’s remarks, that it is indeed the tablishes the Hawaiian Hurricane Re- support of House Joint Resolution 32, a case that the blood quantum require- lief Fund. Section 7 authorized the De- resolution providing congressional con- ment has created misunderstanding partment of Hawaiian Home Lands to sent to certain amendments proposed and difficulty over the years. We need obtain homeowner’s insurance cov- to the Hawaiian Homes Commission to keep in mind that the act was erage for lessees and to issue revenue Act of 1920. This consent is required by passed originally in 1920 and that na- bonds. Section 15 of the bill consists of the 1959 Hawaii Statehood Admissions tive Hawaiians themselves are coming a severability clause which provides Act. to grips with this question, and we that consent requirement, if any, that Mr. Speaker, I have risen often on hope for a resolution that may find its applies to the Hawaiian Home Lands this floor to speak out in support of na- way for presentation to this body in provisions of the act shall not be tive Hawaiians and against some of the the near future. deemed to have the validity of the more oppressive actions taken by the With that, Mr. Speaker, I request a other provisions of the act. The De- United States against the native Ha- favorable attention of the Members of partment of the Interior has taken the waiians. Our illegal and unlawful sup- the House to this resolution and I hope position that State enactments which port of the overthrow by force of the that it will receive the necessary votes include a severability clause, in the ex- lawful Kingdom of Hawaii is not one of in order to pass. The people of Hawaii ercise of caution, be submitted to Con- the proud moments of our history, I will be very grateful for that outcome, gress for approval. must submit. However, Congress did and native Hawaiians in particular will The second measure, Mr. Speaker, is have the foresight at least to make a be the beneficiaries. Act 37 of the Session Laws of 1994. This commitment to preserve some of the Mr. Speaker, I thank the gentleman statute allows homestead lessees to traditional lands in the Hawaiian Is- from California for his remarks and his designate as a successor to the lease a lands for native Hawaiians. insight. I am very appreciative. grandchild who is at least 25 percent Under current law, a native Hawaiian Mr. Speaker, I yield back the balance native Hawaiian. Under the current with a leasehold interest in Hawaiian of my time. law, as adopted by Hawaii in 1982, a les- homelands can designate that interest Mr. DOOLITTLE. Mr. Speaker, I see may designate his or her spouse or to a spouse or child who is at least 25 yield myself such time as I may children as a successor under the lease percent native Hawaiian. But to des- consume. if they are 25 percent native Hawaiian. ignate that same interest to a grand- Mr. Speaker, the changes contained The bill would thus allow a similar des- child, the grandchild would have to be in the gentleman’s resolution are meri- ignation with respect to grandchildren. at least 50 percent native Hawaiian. To torious and desirable. They emphasize The Department of the Interior con- tell you honestly, Mr. Speaker, this the principles of self-reliance and of curs with the State’s position that con- blood quantum really boils me to no the extended family, and I would gressional consent is required for this end. I have never heard of a human strongly urge the House to approve legislation in that it amends the 50- being given blood quantum, 50 percent, this resolution. percent blood quantum requirement in- 25 percent. As far as I am concerned, Mr. Speaker, these two amendments to the cluded in the Hawaiian Homes Com- they are human beings. Hawaiian Homes Commission Act of 1920 mission Act. This legislation would consent to a would have no effect on the Federal budget. So in summary, Mr. Speaker, these change adopted by the legislature of However, they are important to the Native Ha- two measures involve the establish- the State of Hawaii to permit a des- waiian community and these particular provi- ment of Hawaiian Hurricane Act, obvi- ignation to a grandchild who is at least sions of the Hawaii statute cannot go into ef- ously we are subject to such phenome- 25 percent native Hawaiian, the same fect until this the Congress acts. Under the non, natural phenomena in the Hawai- criterion applied for spouses and chil- Hawaii Statehood Admissions Act of 1959, ian Islands, and it is necessary for us dren. Congress retains the authority to consent to to establish that fund. And by exten- Another section of this resolution any changes to the Hawaiian Homes Commis- sion, for the reasons mentioned, to re- provides congressional consent to a sion Act of 1920. quest the United States, that is, the 1993 Hawaii State law which estab- The State of Hawaii acted to create the Ha- House of Representatives and the Sen- lished the Hawaiian Hurricane Relief waii hurricane relief fund after the devastation ate, to concur. And second, to provide Fund. While it is not clear that con- of Hurricane Iniki in 1993 and included provi- an opportunity because of the passage gressional consent is required for this sions for Native Hawaiians affected on Hawai- of time for lessees to designate their State statute to be valid, the Depart- ian home lands. Act 339 of 1993 of the State grandchildren as well as their spouse or ment of the Interior, in its usual cau- of Hawaii proposes to authorize the issuance children if they meet the 25 percent na- tious fashion, has indicted that the of hurricane insurance coverage for lessees of tive Hawaiian requirement. prudent approach would be to obtain Hawaiian home lands and revenue bonds to For these reasons and with respect to congressional consent. From my per- establish the necessary reserves for payment that history and legacy of the Hawai- spective, Mr. Speaker, the policy im- of claims in excess of reserves. This is the ian Homes Commission Act, Mr. Speak- plemented by the State law is sound, first amendment identified in House Joint Res- er, I ask my colleagues to support and Congress should act promptly to olution 32. these worthwhile measures. alleviate any possibility of the State The second change to the Hawaiian Homes Mr. DOOLITTLE. Mr. Speaker, I re- statute being found invalid by reason Commission Act proposed by the State of Ha- serve the balance of my time. of a lack of congressional consent. waii by Act 37 of 1994 permits grandchildren March 11, 1997 CONGRESSIONAL RECORD — HOUSE H833 of a Native Hawaiian with at least 25 percent owners in Hawaii to obtain insurance against SEC. 2. FINDINGS. Native Hawaiian blood quantum to assume a such potential disasters. For homesteaders on Congress finds that— grandparent's lease upon the death of the Hawaiian homes lands the effort is even more (1) in enacting the National Geologic Mapping Act of 1992 (43 U.S.C. 31a et seq.), Congress grandparent. It is not uncommon for Native difficult because of they are not land owners. found, among other things, that— Hawaiian grandchildren to be raised by their The law passed by the State legislature for (A) during the 2 decades preceding enactment grandparents. This measure will support the which we seek approval today will assist many of that Act, the production of geologic maps had traditional extended family values among the Hawaiian homesteaders in obtaining adequate been drastically curtailed; Native Hawaiian community. hurricane insurance coverage. (B) geologic maps are the primary data base The House consented to these same The second amendment approved by the for virtually all applied and basic earth-science changes to the Hawaiian Homes Commission Hawaii State legislature allows homestead les- investigations; (C) Federal agencies, State and local govern- Act upon passage of H.R. 1332 in the 104th sees to designate grandchildren who are at ments, private industry, and the general public Congress. That measure, sponsored by Mr. least 25 percent Native Hawaiian as succes- depend on the information provided by geologic GALLEGLY, then chairman of the subcommittee sors to the lease. The original Hawaiian maps to determine the extent of potential envi- with jurisdiction over these matters in the Homestead Act limited leases to those of 50 ronmental damage before embarking on projects 104th Congress, contained language identical percent or more Native Hawaiian blood. This that could lead to preventable, costly environ- to the text of the current resolution by Mr. amendment approved by our State Legislature mental problems or litigation; ABERCROMBIE of Hawaii which is cosponsored will allow Hawaiian homesteads to stay within (D) the lack of proper geologic maps has led to the poor design of such structures as dams and by Mr. GALLEGLY and Mr. FALEOMAVAEGA. The the family for another generation. waste-disposal facilities; other body was prepared last year to accept These changes adopted by the elected body (E) geologic maps have proven indispensable this provision as contained in H.R. 1332 and of the State of Hawaii reflect the will of the in the search for needed fossil fuel and mineral now as in House Joint Resolution 32, but ad- people of Hawaii in administering this impor- resources; and journed before it could be taken up. tant law. I would ask my colleagues to support (F) a comprehensive nationwide program of Both of the proposed changes to the Hawai- the actions of our State and support House geologic mapping is required in order to system- ian Homes Commission Act by the State of Joint Resolution 32. atically build the Nation’s geologic-map data Hawaii are meritorious and deserve the ap- The SPEAKER pro tempore (Mr. base at a pace that responds to increasing de- mand; proval of the House today. These measure are GOODLATTE). The question is on the (2) the geologic mapping program called for by sound and directly benefit Native Hawaiians motion offered by the gentleman from that Act has not been fully implemented; and by emphasizing the importance of the ex- California [Mr. DOOLITTLE] that the (3) it is time for this important program to be tended family and self-reliance. I urge my col- House suspend the rules and pass the fully implemented. leagues to approve House Joint Resolution 32 joint resolution, House Joint Resolu- SEC. 3. REAUTHORIZATION AND AMENDMENT. so that these measures can promptly begin to tion 32. (a) DEFINITIONS.—Section 3 of the National benefit Native Hawaiian families. The question was taken. Geologic Mapping Act of 1992 (43 U.S.C. 31b) is Mr. Speaker, I yield back the balance Mr. SANCHEZ. Mr. Speaker, on that amended— of my time. I demand the yeas and nays. (1) by striking ‘‘As used in this Act:’’ and in- Mrs. MINK of Hawaii. Mr. Speaker, I rise serting ‘‘In this Act:’’; The yeas and nays were ordered. (2) by redesignating paragraphs (2), (3), (4), today in support of House Joint Resolution 32, Mr. ABERCROMBIE. Mr. Speaker, and (5) as paragraphs (3), (4), (5), and (7), re- which provides congressional approval of two could the Chair advise how many votes spectively; amendments to the Hawaiian Homes Act of are required, how many Members have (3) by inserting after paragraph (1) the follow- 1920 passed by the Hawaii State Legislature. to be standing? I did not see the re- ing: These amendments involve the establishment quired number of votes. ‘‘(2) ASSOCIATION.—The term ‘Association’ of a Hawaiian hurricane relief fund and rules The SPEAKER pro tempore. The means the Association of American State Geolo- governing eligible successors to a Hawaiian gists.’’; Chair counted one-fifth of those Mem- (4) by inserting after paragraph (5) (as redes- homes lease. bers present as standing. The yeas and ignated by paragraph (2) of this subsection) the It may seem strange to some that the Con- nays are ordered. following new paragraph: gress has to approve changes made by a Pursuant to clause 5 of rule I and the ‘‘(6) STATE.—The term ‘State’ includes the State legislature. But this action is required as Chair’s prior announcement, further District of Columbia, the Commonwealth of a result of the unique history of the Hawaiian proceedings on this motion will be Puerto Rico, the Commonwealth of the Northern Homes Commission Act. postponed. Mariana Islands, American Samoa, Guam, and the Virgin Islands.’’; and The Hawaiian Homes Commission Act was f passed by the Congress in 1921 to set aside (5) in each paragraph that does not have a some 200,000 acres of land for the use and GENERAL LEAVE heading, by inserting a heading, in the same style as the heading in paragraph (2), as added benefit of the Native Hawaiian people, whose Mr. DOOLITTLE. Mr. Speaker, I ask by paragraph (3), the text of which is comprised government had been illegally overthrown with unanimous consent that all Members of the term defined in the paragraph. the assistance of the U.S. Government in may have 5 legislative days in which to (b) GEOLOGIC MAPPING PROGRAM.—Section 4 1893. revise and extend their remarks and in- of the National Geologic Mapping Act of 1992 The Federal Government maintained pri- clude extraneous material on the joint (43 U.S.C. 31c) is amended— mary responsibility for the administration of resolution just considered. (1) by striking subsection (a) and inserting the these lands until Hawaii became a State in The SPEAKER pro tempore. Is there following: 1959. The Hawaii Statehood of Admissions ‘‘(a) ESTABLISHMENT.— objection to the request of the gen- ‘‘(1) IN GENERAL.—There is established a na- Act transferred the day-to-day administration tleman from California? tional cooperative geologic mapping program be- of the lands to the State of Hawaii, but the There was no objection. tween the United States Geological Survey and Federal Government retained oversight re- f the State geological surveys, acting through the sponsibility of the Hawaiian Homes Commis- Association. sion Act. Accordingly, the Hawaii Statehood NATIONAL GEOLOGIC MAPPING ‘‘(2) DESIGN, DEVELOPMENT, AND ADMINISTRA- Admissions Act requires that any changes REAUTHORIZATION ACT OF 1997 TION.—The cooperative geologic mapping pro- made by the Hawaii State Legislature affecting Mrs. CUBIN. Mr. Speaker, I move to gram shall be— ‘‘(A) designed and administered to achieve the the administration of the Hawaiian home lands suspend the rules and pass the bill objectives set forth in subsection (c); be approved by the Congress. (H.R. 709) to reauthorize and amend the ‘‘(B) developed in consultation with the advi- House Joint Resolution 32 seeks to approve National Geologic Mapping Act of 1992, sory committee; and two such amendments to the act. The first is and for other purposes, as amended. ‘‘(C) administered through the Survey.’’; a 1993 law establishing a Hawaiian hurricane The Clerk read as follows: (2) in subsection (b)— relief fund and authorizing the Hawaii Depart- H.R. 709 (A) in the subsection heading by striking ment of Hawaiian Home Lands to obtain ‘‘USGS’’ and inserting ‘‘THE SURVEY’’; Be it enacted by the Senate and House of Rep- (B) in paragraph (1)— homeowner's insurance for lessees. resentatives of the United States of America in (i) by single-indenting the paragraph, double- The Hawaiian Islands are vulnerable to dev- Congress assembled, indenting the subparagraphs, and triple indent- astating hurricanes, as demonstrated by Hurri- SECTION 1. SHORT TITLE. ing the clauses; cane Iniki in 1992, which virtually wiped out an This Act may be cited as the ‘‘National Geo- (ii) by inserting ‘‘LEAD AGENCY.—’’ before entire island. It has been difficult for home- logic Mapping Reauthorization Act of 1997’’. ‘‘The Survey’’; H834 CONGRESSIONAL RECORD — HOUSE March 11, 1997 (iii) in subparagraph (A)— to advise the Director on planning and imple- ‘‘(1) $26,000,000 for fiscal year 1998; (I) by striking ‘‘Committee on Natural Re- mentation of the geologic mapping program. ‘‘(2) $28,000,000 for fiscal year 1999; and sources’’ and inserting ‘‘Committee on Re- ‘‘(2) MEMBERS EX OFFICIO.—Federal agency ‘‘(3) $30,000,000 for fiscal year 2000. sources’’; and members shall include the Administrator of the ‘‘(b) ALLOCATION OF APPROPRIATED FUNDS.— (II) by striking ‘‘date of enactment of this Environmental Protection Agency or a designee, ‘‘(1) IN GENERAL.—Of the amount of funds Act’’ and inserting ‘‘date of enactment of the the Secretary of Energy or a designee, the Sec- that are appropriated under subsection (a) for National Geologic Mapping Reauthorization Act retary of Agriculture or a designee, and the As- any fiscal year up to the amount that is equal of 1997’’; sistant to the President for Science and Tech- to the amount appropriated to carry out the na- (iv) in subparagraph (B)— nology or a designee. tional cooperative geologic mapping program for (I) by striking ‘‘State geological surveys’’ and ‘‘(3) APPOINTED MEMBERS.—Not later than 90 fiscal year 1996— inserting ‘‘Association’’; and days after the date of enactment of the National ‘‘(A) not less than 20 percent shall be allo- (II) by striking ‘‘date of enactment of this Geologic Mapping Reauthorization Act of 1997, cated to State mapping activities; and Act’’ and inserting ‘‘date of enactment of the in consultation with the Association, the Sec- ‘‘(B) not less than 2 percent shall be allocated National Geologic Mapping Reauthorization Act retary shall appoint to the advisory committee 2 to educational mapping activities. of 1997’’; and representatives from the Survey (including the ‘‘(2) INCREASED APPROPRIATIONS.—Of the (v) in subparagraph (C)— Chief Geologist, as Chairman), 2 representatives amount of funds that are appropriated under (I) by striking ‘‘date of enactment of this Act’’ from the State geological surveys, 1 representa- subsection (a) for any fiscal year up to the and inserting ‘‘date of enactment of the Na- tive from academia, and 1 representative from amount that exceeds the amount appropriated tional Geologic Mapping Reauthorization Act of the private sector.’’; and to carry out the national cooperative geologic 1997’’; (2) in subsection (b)(3) by striking ‘‘and mapping program for fiscal year 1996— (II) by striking ‘‘Committee on Natural Re- State’’ and inserting ‘‘, State, and university’’. ‘‘(A) for fiscal year 1998— sources’’ and inserting ‘‘Committee on Re- (d) GEOLOGIC MAPPING PROGRAM IMPLEMEN- ‘‘(i) 75 percent shall be allocated for Federal sources’’; TATION PLAN.—Section 6 of the National Geo- mapping and support mapping activities; (III) in clauses (i) and (ii) by inserting ‘‘and logic Mapping Act of 1992 (43 U.S.C. 31e) is ‘‘(ii) 23 percent shall be allocated for State the Association’’ after ‘‘the Survey’’; amended— mapping activities; and (IV) by adding ‘‘and’’ at the end of clause (ii); (1) in paragraph (1) by inserting ‘‘coopera- ‘‘(iii) 2 percent shall be allocated for edu- and tive’’ after ‘‘national’’; cational mapping activities; (V) by striking ‘‘; and’’ at the end of clause (2) by striking paragraph (3)(C) and inserting ‘‘(B) for fiscal year 1999— (iii) and all that follows through the end of the the following: ‘‘(i) 74 percent shall be allocated for Federal subparagraph and inserting a period; ‘‘(C) for the State geologic mapping compo- mapping and support mapping activities; (C) in paragraph (2)— nent, a priority-setting mechanism that re- ‘‘(ii) 24 percent shall be allocated for State (i) by inserting ‘‘RESPONSIBILITIES OF THE SEC- sponds to— mapping activities; and RETARY.—’’ before ‘‘In addition to’’; and ‘‘(i) specific intrastate needs for geologic-map ‘‘(iii) 2 percent shall be allocated for edu- (ii) in subparagraph (A) by striking ‘‘State ge- information; and cational mapping activities; and ological surveys’’ and inserting ‘‘Association’’; ‘‘(ii) interstate needs shared by adjacent enti- ‘‘(C) for fiscal year 2000— and ties that have common requirements; and’’; ‘‘(i) 73 percent shall be allocated for Federal (D) by single-indenting the paragraph and (3) by striking paragraphs (4) and (5) and in- mapping and support mapping activities; double-indenting the subparagraphs; serting the following: ‘‘(ii) 25 percent shall be allocated for State (3) in subsection (c)— ‘‘(4) a mechanism for adopting scientific and mapping activities; and (A) in paragraph (2) by striking ‘‘interpre- technical mapping standards for preparing and ‘‘(iii) 2 percent shall be allocated for edu- tive’’ and inserting ‘‘interpretative’’; and publishing general-purpose and special-purpose cational mapping activities.’’. (B) in paragraph (4) by striking ‘‘awareness geologic maps to— The SPEAKER pro tempore. Pursu- for’’ and inserting ‘‘awareness of’’; and ‘‘(A) ensure uniformity of cartographic and ant to the rule, the gentlewoman from (4) in subsection (d)— scientific conventions; and Wyoming [Mrs. CUBIN] and the gen- (A) in paragraph (1) by inserting ‘‘FEDERAL ‘‘(B) provide a basis for judgment as to the tleman from Puerto Rico [Mr. ROMERO- COMPONENT.—’’ before ‘‘A Federal’’; comparability and quality of map products; (B) in paragraph (2)— BARCELO´ ], each will control 20 minutes. and’’; and (i) by inserting ‘‘SUPPORT COMPONENT.—’’ be- The Chair recognizes the gentle- (4) by redesignating paragraph (6) as para- fore ‘‘A geologic’’; and graph (5). woman from Wyoming [Mrs. CUBIN]. (ii) by striking subparagraph (D) and insert- (e) NATIONAL GEOLOGIC-MAP DATA BASE.— (Mrs. CUBIN asked and was given ing the following: Section 7 of the National Geologic Mapping Act permission to revise and extend her re- ‘‘(D) geochronologic and isotopic investiga- of 1992 (43 U.S.C. 31f) is amended by striking tions that— marks.) ‘‘(i) provide radiometric age dates for geologic- subsection (b) and inserting the following: Mrs. CUBIN. Mr. Speaker, I yield my- ‘‘(b) STANDARDIZATION.— map units; and self such time as I may consume. ‘‘(1) IN GENERAL.—Geologic maps contributed ‘‘(ii) fingerprint the geothermometry, Mr. Speaker, today I rise in support to the national archives shall have format, sym- geobarometry, and alteration history of geo- of H.R. 709, a bill to amend the Na- bols, and technical attributes that adhere to logic-map units, standards so that archival information can be tional Geologic Mapping Act of 1992. which investigations shall be contributed to a accessed, exchanged, and compared efficiently This law is a codification of coopera- national geochronologic data base;’’; and accurately, as required by Executive Order tive federalism. It expressly authorizes (C) in paragraph (3) by inserting ‘‘STATE COM- 12906 (59 Fed. Reg. 17,671 (1994)), which estab- PONENT.—’’ before ‘‘A State’’; and the practice of the U.S. Geological Sur- (D) by striking paragraph (4) and inserting lished the National Spatial Data Infrastructure. vey using a small but significant por- the following: ‘‘(2) DEVELOPMENT OF STANDARDS.—Entities tion of its geologic mapping budget to that contribute geologic maps to the national ar- ‘‘(4) EDUCATION COMPONENT.—A geologic map- find mapping projects of priority to the chives shall develop the standards described in ping education component— State geologic surveys on a 50–50 ‘‘(A) the objectives of which shall be— paragraph (1) in cooperation with the Federal Geographic Data Committee, which is charged matching share basis. In this manner, ‘‘(i) to develop the academic programs that the act promotes the basic scientific teach earth-science students the fundamental with standards development and other data co- principles of geologic mapping and field analy- ordination activities as described in Office of endeavor the mapping the bedrock ge- sis; and Management and Budget revised Circular A– ology and superficial deposits of this ‘‘(ii) to provide for broad education in geologic 16.’’. country. Most people do not realize the mapping and field analysis through support of (f) ANNUAL REPORT.—Section 8 of the Na- importance of geologic mapping. It field studies; tional Geologic Mapping Act of 1992 (43 U.S.C. meets society’s needs for geologic haz- ‘‘(B) investigations under which shall be inte- 31g) is amended in the first sentence— (1) by striking ‘‘Committee on Natural Re- ards identification and abatement, for grated with the other mapping components of groundwater protection, land use plan- the geologic mapping program and shall respond sources’’ and inserting ‘‘Committee on Re- to priorities identified for those components; and sources’’; and ning and mineral resources identifica- ‘‘(C) Federal funding for which shall be (2) by striking ‘‘program, and describing and tion. matched by non-Federal sources on a 1-to-1 evaluating progress’’ and inserting ‘‘program H.R. 709 reauthorizes this cooperative basis.’’. and describing and evaluating the progress’’. program for three years, 1998 to the (c) ADVISORY COMMITTEE.—Section 5 of the (g) AUTHORIZATION OF APPROPRIATIONS.—Sec- year 2000. It establishes thresholds for National Geologic Mapping Act of 1992 (43 tion 9 of the National Geologic Mapping Act of 1992 (43 U.S.C. 31h) is amended to read as fol- the sharing of funds between Federal, U.S.C. 31d) is amended— State and academic components. In (1) by striking subsection (a) and inserting the lows: following: ‘‘SEC. 9. AUTHORIZATION OF APPROPRIATIONS. general, the administration has agreed ‘‘(a) ESTABLISHMENT.— ‘‘(a) IN GENERAL.—There are authorized to be to dedicate not less than 20 percent of ‘‘(1) IN GENERAL.—There shall be established a appropriated to carry out the national coopera- the budget line for geologic mapping to 10-member geologic mapping advisory committee tive geologic mapping program under this Act— the cooperative State map component March 11, 1997 CONGRESSIONAL RECORD — HOUSE H835 and not less than 2 percent to the edu- government, private industry and citi- system management, the identification cation mapping or ed map component. zens alike. and mitigation of natural hazards, such The ed map function is to ensure small The National Geologic Mapping Act as earthquake-prone areas, volcanic amounts of granted moneys will be of 1992 authorized the USGS to orga- eruptions, landslides and other ground available for student training in fields nize a national program of geologic failures, as well as many other land use of mapping skills. mapping through a partnership with planning requirements. This bill was amended in subcommit- State geologic surveys, academia and This legislation would provide an tee by my friends, the ranking mem- the private sector. This cooperative re- array of benefits for States. It would ber, the gentleman from Puerto Rico lationship is essential to develop the assist State and local communities [Mr. ROMERO-BARCELO´ ] and the gentle- extensive amount of material for in- with land and water decisions, aid woman from the Virgin Islands [Ms. formed decision-making. farmers and ranchers with crop deci- CHRISTIAN-GREEN]. The sum of those I understand that nothing in current sions, encourage habitat protection for amendments clarified the definition of law or the reauthorization bill prevents endangered species, and aid the mining State to include the District of Colum- Puerto Rico or other territories from industry with site determination for bia, the Commonwealth of Puerto Rico, participating in this valuable program. mineral resources. the Commonwealth of the Northern However, we wanted to be absolutely Another benefit of this legislation is Mariana Islands, American Samoa, clear on this issue. Therefore, the gen- its funding formula. The appropriation Guam, and the United States Virgin Is- tlewoman from the Virgin Islands, Del- from the National Geologic Mapping lands. egate CHRISTIAN-GREEN, and I offered Reauthorization Act of 1997, which re- I do believe, Mr. Speaker, that the amendments in the Committee on Re- quires a 50–50 matching of Federal matching funds requirement is impor- sources that designate the Common- funds from non-Federal sources, will tant because it assures greater scru- wealth of Puerto Rico and the other involve State colleges and universities. tiny of budget requests than would oth- territories and the District of Colum- This, I believe, sets an excellent prece- erwise be the case. The various State bia as eligible to participate in the geo- dent, allowing the Federal Govern- legislatures making funds available for logic mapping program. The bill before ment, States and colleges to cooperate their geological surveys, as well as the us today contains these amendments. in a unified, intelligent manner. H.R. 709 authorizes in the fiscal year committee and the Congress overseeing Accordingly, it is my pleasure to sup- 1998 $26 million to be appropriated, 75 Federal budgets, must be satisfied the port the adoption of the bill, and I urge percent for Federal mapping and sup- mapping program brings useful results. all my colleagues on both sides of the porting mapping activities, 23 percent I believe the program is indeed an im- aisle to vote yes on H.R. 709, as amend- for State mapping activities, and 2 per- portant part of the U.S. Geological ed. cent for educational mapping activi- Survey’s mission, and I urge my col- Mr. Speaker, I reserve the balance of my time. ties. Funds for fiscal year 1999 are $28 leagues to support H.R. 709. million and for fiscal year 2000 are $30 Mr. Speaker, I reserve the balance of Mrs. CUBIN. Mr. Speaker, I yield 5 minutes to the gentleman from Nevada million. Each year the funding formula my time. decreases the Federal mapping activi- b [Mr. GIBBONS]. 1515 Mr. GIBBONS. Mr. Speaker, I would ties by 1 percent and increases State Mr. ROMERO-BARCELO. Mr. Speak- like to begin by thanking the gentle- mapping activities accordingly. Since er, I yield myself such time as I may woman from Wyoming for her diligent fiscal year 1993, approximately $7.5 mil- consume. work on H.R. 709, the National Geo- lion in Federal appropriated funds have (Mr. ROMERO-BARCELO asked and logic Mapping Reauthorization Act of been matched by State moneys in this was given permission to revise and ex- 1997. This legislation becomes very im- cooperative peer review process of pro- tend his remarks.) portant when we address the issues of ducing geologic maps. It appears that only about one-fifth Mr. ROMERO-BARCELO. First of all, safety in the environment. H.R. 709 re- of this Nation is mapped to adequately Mr. Speaker, I want to thank the gen- authorizes the Geologic Mapping Act of address the issues described in section tlewoman from Wyoming [Mrs. CUBIN], 1992, which was a legislative response 2 of this bill. Congress has finally our chair of the subcommittee, for her to troubles in the National Academy of begun to understand the importance of attitude and openness and her coopera- Sciences with their lack of basic geo- geologic mapping, and it is time that tion in the process of this bill. It has logic mapping efforts in this country. we use our dollars wisely to bring been a real pleasure working with her Being a geologist myself, I can per- about the best science to this country. as the ranking member, and I look for- sonally attest to the importance that H.R. 709 will achieve this goal in a co- ward to a lot more of this bipartisan mapping has on many aspects of our operative partnership with little cooperation that we have had in this society. Geologic maps benefit safety money and a big return on science that bill. regulations, telling us where natural benefits our constituents. Mr. Speaker, we bring this bill, reau- disasters may occur. They also map To close, Mr. Speaker, the reauthor- thorizing the National Geologic Map- fault lines and water flow patterns, ization of the National Geologic Map- ping Act of 1992, to the floor today with which are important to identify when ping Act of 1992 will allow a joint ven- the full support of the Committee on building infrastructure for transpor- ture of Federal, State and academic in- Resources. Democrats and Republicans tation. Without a detailed geologic stitutions to continue on the appro- alike voted to favorably report this bill map of the United States, we will con- priate path of mapping the geology of to the House, and the Clinton adminis- tinue to address issues such as safe this Nation. As section 2, paragraph (B) tration has endorsed the bill. drinking water and environmental sys- states, ‘‘Geologic maps are the primary We need geologic mapping in our so- tems understanding, in the same way database for virtually all applied and ciety for many worthwhile purposes, someone drives a car at night without basic Earth science investigation.’’ It including emergency preparedness, en- headlights. is because of this continued need for vironmental protection, land use plan- It is important for us to explore and core science that I urge all Members to ning and resource extraction. understand what resources we have and support H.R. 709, and I believe this bill The Earth provides the physical how best to use them before we fool- is in the best interest of science and foundation for our society. We live hardily make unscientific decisions this Nation as well. upon it and we use its resources. There- without the full knowledge of our un- Mr. ROMERO-BARCELO´ . Mr. Speak- fore, we need to work toward a better derlying environment. er, I yield 2 minutes to the gentleman understanding of the Earth’s resources I also believe detailed geologic map- from American Samoa [Mr. and its inherent dangers. ping provides the basic information for FALEOMAVAEGA]. Geologic maps are one effective way solving a broad range of societal prob- (Mr. FALEOMAVAEGA asked and to convey the Earth science informa- lems. These include delineation and was given permission to revise and ex- tion needed for better understanding protection of our sources of safe drink- tend his remarks.) and decision-making by all of us: peo- ing water, environmental systems un- Mr. FALEOMAVAEGA. Mr. Speaker, ple in Federal agencies, State and local derstanding and foundations of eco- I want to commend the gentlewoman H836 CONGRESSIONAL RECORD — HOUSE March 11, 1997 from Wyoming, the chairlady of our Mr. ROMERO-BARCELO´ . Mr. Speak- Whereas in 1996 the Governments of India subcommittee, that has taken the ini- er, I have no further requests for time, and Nepal signed and ratified a treaty ena- tiative and leadership in passing unani- and I yield back the balance of my bling the joint development of the water re- mously by our Committee on Re- time. sources of the Mahakali River: Now, there- fore, be it sources this very important piece of Mrs. CUBIN. Mr. Speaker, I yield my- Resolved by the House of Representatives (the legislation. I thank my good friends self such time as I may consume to Senate concurring), That the Congress— from Puerto Rico and our Democrat state that I certainly appreciate the (1) congratulates the Governments of Ban- ranking member of the subcommittee help of the ranking minority member gladesh and India for their recent agreement for bringing to the attention of the in adding the other additions to the on sharing the water of the Ganges River; Members what I consider to be a little bill that were originally left out. I, too, (2) congratulates the Governments of India oversight in the fact that the National feel it was more of an oversight, that it and Nepal on their treaty enabling the joint Geological Mapping Reauthorization is very important and certainly does development of the water resources of the Act did not include the insular areas. improve the quality of the bill. Mahakali River; I am very happy that the gentle- (3) respectfully offers its encouragement GENERAL LEAVE for the three governments to continue their woman from Wyoming has taken the Mrs. CUBIN. Mr. Speaker, I ask cooperation which can do much to relieve initiative, with my good friend from unanimous consent that all Members the poverty of those people living the Ganges Puerto Rico, to see that the proper may have 5 legislative days within and Brahmaputra River Basin; and amendments are made to change this which to revise and extend their re- (4) urges international financial institu- reauthorization act. marks on H.R. 709, as amended. tions, such as the World Bank and the Asian Mr. Speaker, I am also happy to see The SPEAKER pro tempore (Mr. Development Bank, and the international my good friend from Nevada. Who community to offer whatever advice, encour- GOODLATTE). Is there objection to the could be a better expert than a person agement, and assistance is appropriate to request of the gentlewoman from Wyo- help in this effort. who is knowledgeable about geological ming? The SPEAKER pro tempore. Pursu- issues, a geologist himself, my good There was no objection. friend,the gentlewoman from Nevada Mrs. CUBIN. Mr. Speaker, I yield ant to the rule, the gentleman from [Mr. GIBBONS]. Mr. Speaker, I urge my back the balance of my time. New York [Mr. GILMAN] and the gen- colleagues to consider his expertise and The SPEAKER pro tempore. The tleman from Alabama [Mr. HILLIARD] the importance of this piece of legisla- question is on the motion offered by each will control 20 minutes. tion, and I urge my colleagues to sup- the gentlewoman from Wyoming [Mrs. The Chair recognizes the gentleman port H.R. 709. from New York [Mr. GILMAN]. CUBIN] that the House suspend the Ms. CHRISTIAN-GREEN. Mr. Speaker, I rules and pass the bill, H.R. 709, as Mr. GILMAN. Mr. Speaker, I yield rise today in support of H.R. 709, the National amended. myself such time as I may consume. Geological Mapping Reauthorization Act of The question was taken; and (two- (Mr. GILMAN asked and was given 1997 and urge my colleagues to support its thirds having voted in favor thereof) permission to revise and extend his re- passage. the rules were suspended and the bill, marks.) I want to begin by commending my col- as amended, was passed. Mr. GILMAN. Mr. Speaker, I want to league, the Gentlewoman from Wyoming, A motion to reconsider was laid on commend the chairman and ranking chair of the Subcommittee on Energy and Min- the table. minority member of the Subcommittee eral Resources, the Honorable BARBARA CUBIN f on Asia and the Pacific for crafting for her leadership in guiding H.R. 709 through House Concurrent Resolution 16, a con- the subcommittee, as well as, the full Re- CONCERNING URGENT NEED TO current resolution concerning the ur- sources Committee and on to the floor of the IMPROVE LIVING STANDARDS OF gent need to improve the living stand- House today. SOUTH ASIANS LIVING IN THE ards of those South Asians living in the I also want to commend the gentleman from GANGES AND BRAHMAPUTRA Ganges and the Brahmaputra River Puerto Rico, the ranking member of the En- RIVER BASIN Basin. ergy and Mineral Resources Subcommittee, Mr. GILMAN. Mr. Speaker, I move to Bangladesh, India, and Nepal all de- the Honorable CARLOS ROMERO-BARCELO for suspend the rules and agree to the con- pend on the Ganges and the Brahma- his leadership on this bill as well. putra Rivers for their vital irrigation Mr. Speaker, H.R. 709 would reauthorize current resolution (H. Con. Res. 16) needs. The recent signing of the 30-year the National Geological Mapping Act of 1992 concerning the urgent need to improve water sharing treaty between India and through the year 2000. It would also amend the living standards of those South Bangladesh and the ratification of the the act to designate that 20 percent of the Asians living in the Ganges and the India-Nepal water resources treaty are total amount appropriated be allocated to the Brahmaputra River Basin, as amended. State component of the program. During the The Clerk read as follows: both historic agreements that will en- markup of H.R. 709 in the subcommittee, my H. CON. RES. 16 able the people in these lands to better plan and utilize their precious re- colleague, Mr. ROMERO offered an amendment Whereas some 400,000,000 people live in to correct an apparent oversight and make the Bangladesh, northern India, and Nepal near sources. Commonwealth of Puerto Rico, Guam, and my the Ganges and Brahmaputra Rivers and Bangladesh’s recent Presidential their tributaries; election gives new hope to the fragile district of the Virgin Islands eligible to partici- Whereas these people comprise the largest pate in the State mapping component of the democracy there, and the water shar- concentration of poor people in the world; ing agreement will help to put it on bill. I then offered an amendment to my col- Whereas this region lacks the resources, league's amendment to make the District of especially the infrastructure, that can pull more solid ground. We commend them Columbia and the Commonwealth of the its residents out of poverty; for their efforts. Northern Mariana Islands also eligible for par- Whereas almost every year flooding by the Mr. Speaker, I support the resolu- ticipation in H.R. 709's program components. Ganges and Brahmaputra Rivers produces tion, and I urge my colleagues to vote death and destruction, sometimes on a vast I want to thank my friend, Mr. ROMERO for for it. scale; offering his amendment on the behalf of those Mr. Speaker, I yield such time as he Whereas during the dry seasons, water sup- may consume to the gentleman from of us from the U.S. non-State areas. To often plies do not meet the needs of the region’s we are overlooked or ignored making actions people, especially farmers; Nebraska [Mr. BEREUTER], the distin- such as his amendment necessary. I also Whereas despite these problems, the region guished chairman of the Subcommittee want to thank Mr. ROMERO and Chairman has great potential for development; on Asia and the Pacific. CUBIN for accepting my amendment to H.R. Whereas Bangladesh, India, and Nepal have Mr. BEREUTER. Mr. Speaker, I 709 as well. recognized for many years that the water re- thank the gentleman for yielding me H.R. 709 is a worthwhile piece of legislation, sources of the region, if properly managed, this time. could contribute greatly to the welfare of House Concurrent Resolution 16 does Mr. Speaker and I urge my colleagues to sup- millions of people in the region; port its enactment. Whereas the Governments of Bangladesh concern the need to improve the living Mrs. CUBIN. Mr. Speaker, I have no and India signed a 30-year agreement on De- standards of those South Asians living further requests for time, and I reserve cember 12, 1996, for the purpose of sharing in the Ganges and the Brahmaputra the balance of my time. the water of the Ganges River; and River Basin. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H837 This bipartisan resolution was intro- the agreement between Bangladesh and area less than one-fifth the size of the duced on February 6, 1997 by this Mem- India on sharing the Ganges River United States but with twice as many ber and cosponsored by the distin- water was signed on December 12, 1996, people. Millions of people who reside in guished gentleman from New York, the not January 13, 1997, as specified in this area suffer from poverty and the chairman of the Committee on Inter- House Concurrent Resolution 16. effects of environment degradation. national Relations, Mr. GILMAN; the Therefore, the date has been changed Yet, the area has great potential in ranking Democrat on the Subcommit- to December 12, 1996. terms of irrigation, fisheries, hydro- tee on Asia and the Pacific, the gen- This Member urges his colleagues to power generation, and navigation. tleman from California, Mr. BERMAN; vote for House Concurrent Resolution The agreements we celebrate today the distinguished gentleman from New 16. with this concurrent resolution begin York, Mr. ACKERMAN; and the distin- b 1530 the process of allowing that potential guished gentleman from California, Mr. to be realized for the benefit of all the Mr. HILLIARD. Mr. Speaker, I yield ROYCE. people in the region, but the people of Other Members have subsequently myself such time as I may consume, these nations need some help and tech- cosponsored this resolution. This Mem- and I rise in strong support of this res- nical assistance. That is why it is im- ber commends the help and cooperation olution. portant for us to encourage the World these Members have demonstrated in Mr. Speaker, I congratulate the gen- Bank, the Asian Development Bank, moving forward on this important tleman from Nebraska for bringing this and the international community in issue. resolution before this body. The prob- general to provide the necessary sup- The Committee on International Re- lem of equitable water sharing among port and encouragement, as this reso- lations unanimously approved this res- the countries of South Asia has long lution does. olution last Thursday and asked it be plagued the region, and in many cases Mr. Speaker, I wanted to say as co- placed on the suspension calendar this prevented the people of the region from chairman of the bipartisan Congres- week. The resolution expresses the enjoying anything beyond a bare mini- sional Caucus on India and Indian- sense of the House of Representatives mum standard of living. In the past few Americans, I have tried to lobby our that there is an urgent need to improve months, however, India, Bangladesh, colleagues here as well as the adminis- the lives of those people of the Ban- and Nepal have reached several water tration to make America’s relations gladesh, India and Nepal countries who sharing and development agreements with India a higher priority. India this live near the Ganges and Brahmaputra that will greatly contribute to the year celebrates the 50th anniversary of Rivers and their tributaries. well-being of hundreds of millions of its independence. It is a democracy, This river basin has the greatest con- their citizens. This enlightened diplo- and the country has for the past 5 centration of poor people in the world, macy should be encouraged generally, years been pursuing a historic policy of greater than any area in Africa, for ex- and really it is the whole purpose of economic reform. This is the second ample. The region has great potential, this resolution. most populous nation on Earth and it but, regrettably, it is beset by natural I thank the gentleman for leading offers huge potential for trade and in- disasters, including flooding during the the fight in this fashion on this resolu- vestment. I am convinced that the cur- monsoon seasons, droughts during the tion, and I urge my colleagues to sup- rent Government of India is committed dry seasons, and occasional cyclones. port it. to this path, as are the Indian people. Members will recall, perhaps, that Mr. Speaker, I yield 3 minutes to the Mr. Speaker, too often the relations during the last Congress this Member gentleman from New Jersey [Mr. between these two democracies, the and the distinguished ranking member, PALLONE]. United States and India, are marred by the gentleman from California, Mr. Mr. PALLONE. Mr. Speaker, I appre- misunderstandings or simply by benign BERMAN, introduced House Concurrent ciate the opportunity to address my neglect. That is why it is important to Resolution 213, which expressed the colleagues on this. I do support the res- send positive signals whenever pos- hope that the countries of that region olution. sible. The resolution that we debate I want to commend also the gen- would work together to relieve the pov- today will send just such a positive sig- erty of the region’s residents, focusing tleman from Nebraska [Mr. BEREUTER], nal that the United States recognizes primarily on the need to address the the chairman of the Subcommittee on the efforts of the South Asian nations critical problems of flooding and Asia and the Pacific, the sponsor of the to foster greater regional cooperation drought. That resolution was favorably resolution. and that we support these efforts. We Mr. Speaker, I recently visited India, reported by the Subcommittee on Asia hope these efforts will be the beginning and I had the opportunity to meet with and the Pacific just before the end of of greater cooperation in South Asia Prime Minister Gowda at the time. In the 104th Congress. and will serve as a model for other de- citing the achievements of his This Member is pleased to say that veloping regions to better utilize their since that action, Bangladesh and India multiparty coalition government, the resources for the benefits of all their have signed a 30-year agreement on Prime Minister mentioned with great people. sharing the waters of the Ganges River. pride the agreement that India signed I want to congratulate again the gen- India and Nepal also have ratified a last December with Bangladesh to tleman from Nebraska [Mr. BEREUTER] treaty that will permit their joint de- share the water resources of one of the and the others that have cosponsored velopment of the Mahakali River water world’s great rivers, the Ganges. While this resolution. resources. These developments are very some critics have questioned whether Mr. BEREUTER. Mr. Speaker, I re- welcome. such a broad coalition with so many di- serve the balance of my time. House Concurrent Resolution 16, verse parties can govern effectively, Mr. HILLIARD. Mr. Speaker, I yield therefore, congratulates the govern- the Prime Minister demonstrated that 3 minutes to the gentleman from ments of Bangladesh, India, and Nepal strong leadership can be brought to American Samoa [Mr. FALEOMAVAEGA]. for these achievements and respect- bear on an issue that literally affects (Mr. FALEOMAVAEGA asked and fully encourages them to continue the lives of hundreds of millions of peo- was given permission to revise and ex- their cooperation, which could do much ple, and the agreement is a tribute to tend his remarks.) to relieve the poverty of those people the leadership of both nations. Mr. FALEOMAVAEGA. Mr. Speaker, living in the Ganges and Brahmaputra Also last year, as was noted, the Gov- I am pleased to support this resolution River Basins. ernments of India and Nepal signed and which congratulates the Governments This resolution also urges the world ratified a treaty enabling the joint de- of India, Bangladesh, and Nepal for community, including the inter- velopment of the water resources of the their diplomacy and cooperation on national financial institutions such as Mahakali River, again a tribute to co- water treaties that will improve the the World Bank and the Asian Develop- operation between neighbors in a part lives of over 400 million people that ment Bank, to provide whatever assist- of the world that has often been more live near the Ganges and the Brahma- ance is appropriate in this effort. marked by conflict. putra River Basins. Mr. Speaker, the Department of Mr. Speaker, the Ganges and the I would commend the gentleman State has informed this Member that Brahmaputra River Basin comprises an from Nebraska [Mr. BEREUTER], the H838 CONGRESSIONAL RECORD — HOUSE March 11, 1997 chairman of the House International The SPEAKER pro tempore. Is there Resolved, That it is the sense of the House Relations Subcommittee on Asia and objection to the request of the gentle- of Representatives that— the Pacific, for introducing this legis- woman from California? (1) the Treaty of Mutual Cooperation and lation. I further would like to com- There was no objection. Security Between the United States of America and Japan remains vital to the se- mend the gentleman from New York The SPEAKER pro tempore. Without curity interests of the United States and [Mr. GILMAN], the full committee objection, the Chair will put the ques- Japan, as well as the countries of the Asia- chairman; the gentleman from Califor- tion de novo when proceedings resume Pacific region; and nia [Mr. BERMAN], the ranking member at 5 p.m. (2) the people of Japan, especially the peo- of the Subcommittee on Asia and the There was no objection. ple of Okinawa, deserve special recognition Pacific; and the gentleman from New f and gratitude for their contributions toward York [Mr. ACKERMAN], and the gen- ensuring the Treaty’s implementation and regional peace and stability. tleman from California [Mr. ROYCE] for SENSE OF HOUSE CONCERNING their support of this measure as origi- TREATY OF MUTUAL COOPERA- The SPEAKER pro tempore. Pursu- nal cosponsors. TION AND SECURITY BETWEEN ant to the rule, the gentleman from Mr. Speaker, this resolution supports UNITED STATES AND JAPAN Nebraska [Mr. BEREUTER] and the gen- the efforts of the Governments of Mr. BEREUTER. Mr. Speaker, I move tleman from Alabama [Mr. HILLIARD] India, Bangladesh, and Nepal over the to suspend the rules and agree to the each will control 20 minutes. past year to cooperate in sharing the resolution (H. Res. 68) stating the sense The Chair recognizes the gentleman waters of the Ganges River, as well as of the House of Representatives that from Nebraska [Mr. BEREUTER]. the joint development of the resources the Treaty of Mutual Cooperation and Mr. BEREUTER. Mr. Speaker, I yield of the Mahakali River. Their efforts in Security Between the United States of myself such time as I may consume. negotiating treaties will help in the fu- America and Japan is essential for fur- (Mr. BEREUTER asked and was ture to control water resources in the thering the security interests of the given permission to revise and extend region, reducing flooding during rains, United States, Japan, and the nations his remarks.) and providing water during droughts. of the Asia-Pacific region, and that the Mr. BEREUTER. Mr. Speaker, this Through this admirable cooperation by people of Okinawa deserve recognition Member rises in strong support of these Governments, it is projected that for their contributions toward ensuring House Resolution 68. This Member deaths and property destruction will be the treaty’s implementation, as commends the distinguished gentleman substantially reduced for the region’s amended. from Indiana [Mr. HAMILTON] for rais- 400 million residents. The Clerk read as follows: ing this issue and bringing us this leg- Mr. Speaker, the resolution further islation. This Member would note that H. RES. 68 urges international financial institu- our good friend from Indiana has con- tions and the world community to as- Whereas the Treaty of Mutual Cooperation sistently been a voice in support of sist the Governments of India, Ban- and Security Between the United States of America and Japan is critical to the security United States security interests, and gladesh, and Nepal in this worthy en- interests of the United States, Japan, and the gentleman’s resolution regarding deavor. the countries of the Asia-Pacific region. the United States-Japan security I strongly endorse this measure that Whereas the security relationship between agreement and the people of Okinawa supports progress to improve the lives the United States and Japan is the founda- is no exception. He is to be congratu- of close to half a billion people in tion for the security strategy of the United lated for his initiative. This Member is South Asia, and certainly would like to States in the Asia-Pacific region; pleased, together with the distin- commend the gentleman from Indiana Whereas strong bilateral security ties be- guished gentleman from California tween the two countries provide a key sta- [Mr. HAMILTON], the senior ranking [Mr. BERMAN], to be an original cospon- member of our Committee on Inter- bilizing influence in an uncertain post-cold war world; sor of H. Res. 68. national Relations, for his full support Whereas this bilateral security relation- Mr. Speaker, the United States- of this legislation. ship makes it possible for the United States Japan alliance is the cornerstone of Mr. HILLIARD. Mr. Speaker, I have and Japan to preserve their interests in the United States security strategy for the no further requests for time, and I Asia-Pacific region; Asia-Pacific region and serves as the yield back the balance of my time. Whereas forward-deployed forces of the anchor for the United States military Mr. BEREUTER. Mr. Speaker, I have United States are welcomed by allies of the presence in the region. Not only do no further requests for time, and I United States in the region because such forces are critical for maintaining stability United States forward based forces in yield back the balance of my time. Japan contribute to Japanese security, The SPEAKER pro tempore (Mr. in East Asia; but these assets are absolutely essen- GOODLATTE). The question is on the Whereas regional stability has undergirded tial for any contingency on the Korean motion offered by the gentleman from East Asia’s economic growth and prosperity; Whereas the recognition by allies of the Peninsula. Our bases on the Japanese New York [Mr. GILMAN] that the House United States of the importance of United mainland and on Okinawa enable us to suspend the rules and agree to the con- States armed forces for security in the Asia- protect and advance our interests current resolution, House Concurrent Pacific region confers on the United States throughout the Pacific. In addition, Resolution 16, as amended. irreplaceable good will and diplomatic influ- elements of these forward-based forces The question was taken. ence in that region; Mr. BEREUTER. Mr. Speaker, on Whereas Japan’s host nation support is a were among the first to arrive in the that I demand the yeas and nays. key element in the ability of the United Persian Gulf during Operation Desert The yeas and nays were ordered. States to maintain forward-deployed forces Shield. The SPEAKER pro tempore. Pursu- in that country; There is no question that American ant to clause 5 of rule I and the Chair’s Whereas the Governments of the United forces in Japan contribute to a sense of prior announcement, further proceed- States and Japan, in the Special Action regional stability. This Member has Committee on Okinawa Final Report issued ings on this motion will be postponed. often commented that all the nations by the United States-Japan Security Con- of Asia, with the possible exception of f sultative Committee established by the two North Korea, welcome the presence of VACATING ORDERING OF YEAS countries, made commitments to reducing the burdens of United States armed forces on United States forces and want us to re- AND NAYS ON HOUSE JOINT the people of Japan, especially the people of main in the region. Indeed, the com- RESOLUTION 32, GRANTING CON- Okinawa; mitment of the Clinton administration SENT TO CERTAIN AMENDMENTS Whereas such commitments must maintain to keep 100,000 troops in Asia has be- ENACTED BY HAWAIIAN LEGIS- the operational capability and readiness of come an important issue psycho- LATURE TO HAWAIIAN HOMES United States forces; and logically with the countries of the re- COMMISSION ACT OF 1920 Whereas gaining the understanding and gion, who look constantly for reassur- support of the people of Japan, especially the Ms. SANCHEZ. Mr. Speaker, I ask people of Okinawa, in fulfilling these com- ance that the United States military unanimous consent that the House va- mitments is crucial to the effective imple- will remain in the region. cate the ordering of the yeas and nays mentation of the Treaty: Now, therefore, be This Member would also note that on House Joint Resolution 32. it the Government of Japan pays the March 11, 1997 CONGRESSIONAL RECORD — HOUSE H839 overwhelming majority of expenses of Mr. Speaker, I yield 3 minutes to the and commerce in the region and pro- forward basing of American troops in gentleman from American Samoa [Mr. vides further advancements in the Japan. In what is a model basing agree- FALEOMAVAEGA]. peaceful relations of all peoples of the ment, the Japanese pay approximately Mr. FALEOMAVAEGA. I thank my Asia and the Pacific region. 75 percent of our basing costs. Frankly, good friend for yielding me this time. The security of the Asia-Pacific re- even considering all direct and indirect Mr. Speaker, I am pleased to be a co- gion is of vital interest to the United costs, it is cheaper to keep our troops sponsor of this resolution which reaf- States, and no community of the Unit- in Japan than it is to base them in the firms that the security treaty between ed States is more acutely aware of this United States. As House Resolution 68 the United States and Japan remains than Guam, my home island. In the notes, we would not be able to main- the anchor of American engagement post-cold war environment U.S. for- tain such a vigorous presence in the and the foundation for regional stabil- ward deployed forces have been wel- Pacific were it not for the host nation’s ity in the Asia-Pacific region. comed by our allies in the theater. This support provided by the Japanese. I would commend the gentleman forward deployment is made possible Mr. Speaker, House Resolution 68 of- from Indiana [Mr. HAMILTON], the rank- by the special friendship shared be- fers special recognition of the impor- ing member of the Committee on Inter- tween the United States and Japan tance of the United States-Japan Trea- national Relations, for introducing this that is signified by the Treaty of Mu- ty of Mutual Cooperation and Security. excellent piece of legislation. I would tual Cooperation. In the coming years, The resolution also takes note of the further commend the gentleman from as our friendship with Japan continues, contribution of the people of Okinawa, New York [Mr. GILMAN], the full com- let us not just focus on the numerical who have been expected to bear a dis- mittee chairman; the gentleman from commitment of 100,000 troops to the re- proportionate share of the burden of Nebraska [Mr. BEREUTER], chairman of gion, but ensure that the United States hosting our troops. This is a good and the Subcommittee on Asia and the Pa- maintains its capabilities in the chang- useful resolution, Mr. Speaker, and cific; and the gentleman from Califor- ing Asian Pacific region. this Member urges approval of House nia [Mr. BERMAN], the ranking member The United States commitment to Resolution 68. of the Subcommittee on Asia and the the Asia-Pacific region has required Mr. Speaker, I reserve the balance of Pacific, for their strong support and sacrifices from many people, sacrifices my time. work on this measure. by our soldiers, our sailors, our airmen Mr. HILLIARD. Mr. Speaker, I yield Mr. Speaker, House Resolution 68 and marines who defend our Nation’s myself such time as I may consume, sends the message that although the interests in the region; also the con- and I rise in support of this resolution. cold war era has ended, the security al- tributions by the people of Japan and, Mr. Speaker, I also want to thank liance between the United States and most importantly, the people of Oki- the gentleman from California [Mr. Japan remains more critical than nawa. Okinawa has continued to play a pivotal role in ensuring the security BERMAN] and the gentleman from Ne- ever—and is in the best interests of environment of the region. This com- braska [Mr. BEREUTER], the ranking both countries as well as the nations of member and chairman, respectively, of the Asia-Pacific region. munity has contributed much, and this the Subcommittee on Asia and the Pa- Mr. Speaker, this measure under- resolution extends to them our sincere cific, as well as the gentleman from scores the important role that United appreciation. States Armed Forces deployed in Japan During my recent visit to Okinawa, I New York [Mr. GILMAN], the chairman of the committee, for the help and and the Pacific have played in ensuring saw firsthand some of the concerns leadership they have all extended in peace, that our allies have welcomed they face supporting a large contingent moving this resolution to the floor. our presence, and that the regional sta- of U.S. forces. Even after the Special Action Committee on Okinawa recog- Former Ambassador Mike Mansfield, bility provided by our forces have ma- nized the need to reduce the presence who called the relationship between terially contributed to Asia’s tremen- of United States Armed Forces on the United States and Japan the most dous growth and economic prosperity. Japan, our commitment to the people important bilateral relationship in the b 1545 of Okinawa’s concerns cannot and world, bar none, would love to see this The resolution further recognizes, should not be lessened. The people of moved. Our bilateral alliance has en- Mr. Speaker, the vital contributions of Guam have a distinct understanding of dured and remains strong because the Japan as the host nation. I find it very their concerns, and to them as well as United States and Japan are united not appropriate that the people of Oki- the people of Japan we express our sin- by a common enemy but by a common nawa, who have borne the heaviest bur- cere appreciation. interest. den in supporting the American bases, Mr. HILLIARD. Mr. Speaker, I yield In December 1996 the United States are honored by this measure through 2 minutes to the gentleman from Mas- and Japan agreed to measures to renew special recognition and thanks for sachusetts [Mr. FRANK]. and strengthen our security relation- their sacrifices and invaluable con- Mr. FRANK of Massachusetts. Mr. ship. In particular, our two Govern- tributions. Speaker, I am not going to push this to ments agreed to lessen the burden Mr. Speaker, I would urge my col- the point of a vote, but I want to ex- borne by the people of Okinawa whose leagues to adopt this excellent resolu- press my disagreement with the resolu- small island prefecture hosts over half tion which supports the United States- tion. I am sorry to spoil the good of the forward-deployed United States Japan security alliance, thereby fur- cheer, and I admire the people of Oki- forces in Japan. thering peace and stability for all nawa, but I think we should make it This is the right moment to restate throughout the Asian Pacific region. very clear that there is considerable the fundamental importance of the Mr. HILLIARD. Mr. Speaker, I yield unhappiness in the United States and United States-Japan Mutual Security 3 minutes to the gentleman from Guam here in the Congress with the one-sid- Treaty to the peace and prosperity of [Mr. UNDERWOOD]. edness of this relationship, particularly the entire Asia-Pacific region. It is (Mr. UNDERWOOD asked and was financially. also the right time to recognize the given permission to revise and extend Mr. Speaker, I insert into the RECORD contribution of the people of Okinawa his remarks.) an article, from which I want to read toward ensuring regional peace and se- Mr. UNDERWOOD. Mr. Speaker, I briefly. curity. rise today in support of House Resolu- The article referred to is as follows: My Republican colleague, Senator tion 68. [From the New York Times, Feb. 15, 1997] WILLIAM ROTH, has introduced an iden- The Treaty of Mutual Cooperation JAPAN HESITANT ABOUT U.S. ANTIMISSILE tical measure in the other body. This is and Security between the United PROJECT a bipartisan effort. Our relationship States and Japan is the framework (By Clifford Krauss) with Japan is crucially important. For that supports our commitment to the WASHINGTON, Feb. 14—After three years of this reason and the others I have men- Asia-Pacific region. The Japanese- exploratory talks, Administration officials tioned, I urge the adoption of this reso- American relationship provides the say Japan has all but decided against taking lution. stable conditions which promote trade part in an antimissile defense project with H840 CONGRESSIONAL RECORD — HOUSE March 11, 1997 the United States for fear of offending China Given the pacifist strain that runs through The worst of it is the article then and overspending scarce military resources. the Japanese electorate, American officials concludes in relevant part: ‘‘Adminis- Tokyo’s hesitation stems from reluctance said, Prime Minister Hashimoto and other tration officials say a decision by to spend billions of dollars when its own members of the political elite cannot be ex- economy is weak, and concerns that develop- pected to commit themselves to any such Tokyo not to take part would not hurt ing a missile system would anger Japan’s program without a thorough debate in Par- its relations with Washington.’’ deeply pacifist electorate and frighten Asian liament. And there is no sign, they said, that Well, I have to say that maybe it neighbors wary of any signs of a Japanese Parliament will take up the issue any time does not hurt relations with the admin- military buildup. soon. istration, but the administration is A decision not to join the project would be The Pentagon has proposed at least four wrong to say so. The notion that the a setback to American military contractors antimissile options for deployment by 2004, American taxpayer, and we are going that hope to supply Japan with hardware. including enhanced Patriot surface-to-air And it could swell United States military missiles designed to intercept low-altitude to balance the budget, and we are going budgets for Asia because the United States missiles and Thaad antiballistic systems for to be making cuts in education and en- would have to bear the cost of such a system high-altitude interceptions. American offi- vironment and housing and health care alone. cials have also discussed the possibility of and very important domestic programs Senior Administration officials said that sharing with Japan early-warning data from so that we can spend billions of dollars no Japanese decision would be announced for satellites that are now being developed to de- to build an antimissile system in Japan months and that the United States would tect infrared radiation at the time of a to protect American troops that are in press ahead with its own plans to develop launching. antimissile systems to protect American ‘‘Our interest is that we would like to see Japan to help Japan, and the Japanese forces in Japan from any North Korean or American troops in Japan protected from tell us they cannot afford to do it be- Chinese attack. ballistic missile attacks,’’ said Joseph Nye, a cause they do not have enough money; The feasibility of an effective antimissile former Assistant Secretary of Defense, who they have got budget problems. shield is still a matter of debate, but Penta- is dean of the Kennedy School of Govern- We have got to put an end to the one- gon officials say the Patriot missiles, which ment at Harvard University. ‘‘But Japan is sidedness and subsidy of the Japanese displayed a mixed record during the Persian very sensitive to the political repercussions nation. Gulf war, have been updated and improved in in China and North Korea.’’ recent years. Many American military experts still say Mr. HILLIARD. Mr. Speaker, I yield Administration officials also say a decision Japan will eventually join the project, but back the balance of my time. by Tokyo not to take part would not hurt its perhaps not for another five years or more. Mr. BEREUTER. Mr. Speaker, I yield relations with Washington. ‘‘These things take time,’’ said John M. myself such time as I may consume. Discussions on how to pool technology, en- Deutch, the Director of Central Intelligence, In light of what the gentleman from gineering talent and money to set up a ‘‘the- who pushed for a joint project when he Massachusetts [Mr. FRANK] has just ater missile defense’’ began shortly after served as a senior Defense Department offi- said, I would remind my colleagues North Korea test-fired a Rodong 1 missile 300 cial in the early 1990’s. ‘‘Inevitably, the Jap- miles into the Sea of Japan in 1993. A mid- anese Government will see that it needs to that American military might, 100,000 dle-level working group of Japanese and be concerned with antimissile defense.’’ personnel, a little bit less than that at American defense planners has met nine Despite the setback, Administration offi- the moment, are in the Asia-Pacific re- times to discuss regional threats, deploy- cials say they are committed to building or gion because of our national interests. ment timetables and various types of land- upgrading regional antimissile systems to If we maintain a security balance in and sea-based antiballistic weaponry. protect American troops in all potentially the region, it is far less likely that Japan has been wary of the project ever hazardous regions, including Saudi Arabia, since the Clinton Administration first American troops will ever have to be Kuwait and South Korea. The Administra- wounded and die in that part of the broached the idea in October 1993. But Amer- tion’s proposed $265 billion military budget ican hopes were raised after Japan allocated for 1998 calls for a 3 percent cut in spending world in the future. $2.7 million in its 1996 budget to study build- from the 1997 budget, but it adds $320 million Make no mistake about it. Our forces ing an antimissile system, 20 times what for antimissile systems. are located in Okinawa and elsewhere Tokyo spent the year before on the project. ‘‘The goal is to develop, procure and deploy because it is in our national interests American officials were also encouraged systems that can protect forward-deployed to have them there. when President Clinton and Prime Minister U.S. forces, as well as allied and friendly na- Ryutaro Hashimoto met in Tokyo last April Mr. ABERCROMBIE. Mr. Speaker, I rise tions, from theater-range ballistic missiles,’’ today in strong support of the resolution spon- and promised to broaden their military alli- Secretary of Defense William S. Cohen said ance. this week while testifying on the budget be- sored by my colleague, Mr. HAMILTON. I com- A Japanese Foreign Ministry official said fore Congress. ‘‘These programs are struc- mend him for his efforts to draw attention to the group would continue meeting until the tured to proceed at the fastest pace that the significance of the Asia-Pacific region. summer, after which time Tokyo would de- technology will allow.’’ This resolution highlights the unique and im- cide what role to play. ‘‘At this moment, we New York Times, February 14: portant relationship between the United States have not made any decision and we cannot and Japan. It also addresses the important predict or prejudge any result or conclu- Japan has all but decided against taking sion,’’ he said. part in an antimissile defense project with role that the people of Okinawa have played But after a meeting in Tokyo last week- the United States for fear of offending China in ensuring peace and stability in the region. end, senior American officials have con- and overspending scarce military resources. The significance of the Asia-Pacific region cluded that Japan is simply not ready to Needless to say, the scarce military will continue to grow in the 21st century. As pursue a project that could cost them as resources they are afraid of overspend- we continue to review the defense treaty be- much as $10 billion a year—more than one- ing are theirs. They are quite willing tween the United States and Japan, it is im- fourth of Japan’s current $35 billion military to spend ours. portant that the people of Japan know that we budget—for four or five years. They said the project has a few powerful supporters in Ja- As the article points out this ‘‘could are committed to the long-term stability of the pan’s military establishment, but is opposed swell United States military budgets region. The United States-Japan relationship by many in the Foreign Ministry and by for Asia because the United States remains the cornerstone of our engagement in most of the nation’s top economic officials. would have to bear the cost of such a the region. ‘‘Japan is financially constrained, and they system alone.’’ As a nation, we must continue to strengthen don’t have the strategic consensus,’’ said a And where is this system going to go our ties with Japan. In Hawaii, the stability of senior Pentagon official involved in making if the Japanese do not want to pay for our economy is tied to the stability of the re- Japan policy. ‘‘Japan is most nervous about it? Then we are going to have to pay gion and largely to Japan. The people of Ha- China, even through they talk about North Korea. A decision to build this would be per- for it in Japan. This is a system that waii have developed broadbased ties with ceived by the Chinese to be a blatant act. So we are going to install in Japan to pro- Japan, to include a strong relationship with the I’m sure Japan will not go down this line.’’ tect American soldiers that are in Prefecture of Okinawa. Another Administration official, who Japan, in part to protect Japan from As a result of these ties, the people of Ha- noted that China has repeatedly warned North Korea or China, but the Japa- waii continue to be concerned about the land Japan that it would view deployment of an nese do not want to offend North Korea issues being addressed in Okinawa with re- antimissile system as a hostile act, added, or China; they want us to be over there gard to basing of United States military forces. ‘‘This is not something that will happen any- to offend North Korea and China pre- time soon.’’ Unfortunately, it took the rape of a 12-year-old The Chinese have argued that a Japanese sumably, and they do not want to school girl in 1995 to turn the attention of the antimissile program would undermine re- spend their money because they have world toward the issues raised in Okinawa gional arms-control efforts. budget problems. with respect to their land use concerns. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H841 Today, we are making steady progress on its reversion to the People’s Republic of (6) The United States-Hong Kong Policy these very sensitive issues which need to be China on July 1, 1997, and to outline cir- Act of 1992 sets forth United States policy resolved between the Okinawa Prefecture and cumstances under which the President of the concerning Hong Kong’s reversion to the United States could modify the application People’s Republic of China on July 1, 1997, the Government of Japan. of United States laws with respect to Hong and Hong Kong’s special status as a Special It is no exaggeration to say that Okinawa's Kong if the People’s Republic of China fails Administrative Region of that country. It people view their homeland as occupied terri- to honor its commitment to give the Special ensures the continuity of United States laws tory. They see the overwhelming presence of Administrative Region of Hong Kong a high regarding Hong Kong while establishing a United States military forces there as con- degree of autonomy. mechanism in section 202 of that Act where- firmation and they remain the poorest prefec- SEC. 3. FINDINGS. by the President can modify the application ture in Japan. The Congress makes the following findings: of United States laws with respect to Hong Kong if the President ‘‘determines that Hong Some 50 years after the end of World War (1) The Joint Declaration of the Govern- ment of the United Kingdom of Great Britain Kong is not sufficiently autonomous to jus- II in the Pacific, Okinawa is the only unre- tify treatment under a particular law of the solved residual issue of any significance be- and Northern Ireland and the Government of the People’s Republic of China on the Ques- United States, or any provision thereof, dif- tween Japan and the United States. The peo- tion of Hong Kong, done at Beijing on De- ferent from that accorded the People’s Re- public of China’’. ple of Okinawa are the least culpable of all cember 19, 1984, is a binding international (7) One of the principal purposes of the those thrust into World War II. For centuries agreement which sets forth the commit- Congress in enacting the United States Hong past, they have been known in the region for ments made by both governments on the re- Kong Policy Act of 1992 was to maintain version of Hong Kong to the People’s Repub- promoting peace. They are friendly to the in- Hong Kong’s autonomy by ensuring that the lic of China on July 1, 1997. terests and people of the United States. Yet United States will continue to treat Hong (2) The People’s Republic of China in the they bear the most burden generations later. Kong as a distinct legal entity, separate and Joint Declaration pledges, among other They have given up a great deal in terms of apart from the People’s Republic of China, things, that ‘‘the Hong Kong Special Admin- for all purposes, in those areas in which the economic prosperity and deserve to be recog- istrative Region will enjoy a high degree of nized for their contributions toward ensuring People’s Republic of China has agreed that autonomy, except in foreign and defence af- Hong Kong will continue to enjoy a high de- the treaty's implementation and regional peace fairs .. .,’’ that basic human rights and free- and security. gree of autonomy, unless the President doms ‘‘will be ensured by law . . .,’’ and that makes a determination under section 202 of Mr. BEREUTER. Mr. Speaker, I yield ‘‘[t]he legislature of the Hong Kong Special that Act. back the balance of my time. Administrative Region shall be constituted (8) Although the United States Govern- The SPEAKER pro tempore. The by elections.’’. ment can have an impact on ensuring the fu- question is on the motion offered by (3) Senior government officials of the Peo- ture autonomy of the Hong Kong Govern- ple’s Republic of China have repeatedly as- the gentleman from Nebraska [Mr. BE- ment and in protecting the well-being of the sured a smooth transfer of Hong Kong to Chi- Hong Kong people, ultimately the future of REUTER] that the House suspend the nese sovereignty, a successful implementa- rules and agree to the resolution Hong Kong will be determined by the will- tion of the ‘‘one country, two systems’’ pol- ingness of the Government of the People’s (H.Res. 68), as amended. icy, long-term prosperity for Hong Kong, and Republic of China to maintain the freedoms The question was taken. continued respect for the basic rights of the now enjoyed by the people of Hong Kong and Ms. SANCHEZ. Mr. Speaker, on that Hong Kong people. to rely on the people of Hong Kong to govern I demand the yeas and nays. (4) Despite general assertions guaranteeing themselves. The yeas and nays were ordered. the autonomous governance of Hong Kong, SEC. 4. CONGRESSIONAL DECLARATIONS. The SPEAKER pro tempore. Pursu- several official acts and statements by sen- The Congress makes the following declara- ior officials of the Government of the Peo- tions: ant to clause 5 of rule I and the Chair’s ple’s Republic of China reflect an attempt to prior announcement, further proceed- (1) Recognizing that the United States infringe upon the current and future levels of Government and the Hong Kong Government ings on this motion will be postponed. autonomy in Hong Kong. These acts or state- have long enjoyed a close and beneficial f ments include, but are not limited to— working relationship, for example between (A) initial proposals, which were later the United States Customs Service, the Fed- GENERAL LEAVE withdrawn, by officials of the Government of eral Bureau of Investigation, the Drug En- Mr. BEREUTER. Mr. Speaker, I ask the People’s Republic of China to obtain con- forcement Administration, the Immigration fidential files on civil servants of the Hong and Naturalization Service, the Secret Serv- unanimous consent that all Members Kong Government or require such civil serv- may have 5 legislative days within ice, and their corresponding agencies of the ants to take ‘‘loyalty oaths’’; Hong Kong Government, the United States which to revise and extend their re- (B) the decision of the Government of the urges the two governments to continue their marks on the resolution just consid- People’s Republic of China to dissolve the effective cooperation. ered and also on House Concurrent Res- democratically elected Legislative Council (2) Recognizing that the preservation of olution 16. on July 1, 1997, and the appointment of a pro- Hong Kong’s autonomous customs territory The SPEAKER pro tempore. Is there visional legislature in December of 1996; has important security and commercial im- objection to the request of the gen- (C) the delineation by officials concerning plications for the United States and the peo- the types of speech and association which tleman from Nebraska? ple of Hong Kong, the United States calls will be permitted by the Government of the upon the People’s Republic of China to fully There was no objection. People’s Republic of China after the rever- respect the autonomy of the Hong Kong cus- f sion; toms territory. (D) initial warnings, which were later (3) Recognizing that Hong Kong has his- HONG KONG REVERSION ACT withdrawn, to religious institutions not to torically been an important port of call for Mr. BEREUTER. Mr. Speaker, I move hold certain gatherings after the reversion; United States naval vessels, the United to suspend the rules and pass the bill and States urges the Government of the People’s (H.R. 750) to support the autonomous (E) the decision on February 23, 1997, of the Republic of China to consider in a timely and Standing Committee of the National Peo- routine manner United States requests for governance of Hong Kong after its re- ple’s Congress of the People’s Republic of port calls at Hong Kong. version to the People’s Republic of China to repeal or amend certain Hong Kong (4) Recognizing that Hong Kong enjoys a China, as amended. ordinances, including the Bill of Rights Ordi- robust and professional free press with im- The Clerk read as follows: nance, the Societies Ordinance of 1992 (relat- portant guarantees on the freedom of infor- H.R. 750 ing to freedom of association), and the Pub- mation, the United States declares that a lic Order Ordinance of 1995 (relating to free- free press and access to information are fun- Be it enacted by the Senate and House of Rep- dom of assembly). damentally important to the economic and resentatives of the United States of America in (5) The reversion of Hong Kong to the Peo- commercial success of Hong Kong and calls Congress assembled, ple’s Republic of China has important impli- upon the Government of the People’s Repub- SECTION 1. SHORT TITLE. cations for both United States national in- lic of China to fully respect these essential This Act may be cited as the ‘‘Hong Kong terests and the interests of the Hong Kong rights of the Hong Kong people. Reversion Act’’. people. The United States Government has a (5) Recognizing that the first fully demo- SEC. 2. STATEMENT OF PURPOSE. responsibility to ensure that United States cratic elections of a legislature in Hong The purpose of this Act is to support the interests are protected during and after this Kong took place in 1995, following nearly 150 autonomous governance of Hong Kong and transition, and it has a profound interest in years of colonial rule, the United States rec- the future well-being of the Hong Kong peo- ensuring that basic and fundamental human ognizes that the Joint Declaration of 1984 re- ple by ensuring the continuity of United rights of the Hong Kong people are also pro- quires that the Special Administrative Re- States laws with respect to Hong Kong after tected. gion legislature ‘‘shall be constituted by H842 CONGRESSIONAL RECORD — HOUSE March 11, 1997 elections’’, declares that the failure to have parable to that provided for in the consular tions, done at Washington, D.C. on April 21, an elected legislature would be a violation of convention between the United States and 1994, to the Hong Kong Economic and Trade the Joint Declaration of 1984, and calls upon the People’s Republic of China. Offices. the Government of the People’s Republic of (D) An agreement to preserve the United (c) DEFINITION.—The term ‘‘Hong Kong China to honor its treaty obligations. States consulate, with privileges and immu- Economic and Trade Offices’’ refers to Hong (6) Recognizing that the United Kingdom nities for United States personnel. Kong’s official economic and trade missions belatedly reformed Hong Kong laws with re- (E) A mutual legal assistance agreement. in the United States. spect to the civil rights of the Hong Kong (F) A prison transfer agreement. The SPEAKER pro tempore. Pursu- people, the Hong Kong people have neverthe- (G) A civil aviation agreement. ant to the rule, the gentleman from less long enjoyed essential rights and free- (2) CONTINUED COOPERATION FROM THE AGEN- Nebraska [Mr. BEREUTER] and the gen- doms as enumerated in the Universal Dec- CIES OF THE HONG KONG GOVERNMENT.—An as- tleman from Alabama [Mr. HILLIARD] laration of Human Rights; therefore, the sessment by the Secretary of State of wheth- United States declares that the decision of er agencies of the Hong Kong Government each will control 20 minutes. the National People’s Congress to repeal or continue to cooperate with United States The Chair recognizes the gentleman amend certain ordinances is a serious threat Government agencies. The Secretary of from Nebraska [Mr. BEREUTER]. to the Hong Kong people’s continued enjoy- State shall cite in the report any evidence of (Mr. BEREUTER asked and was ment of their freedom of association, speech, diminished cooperation in the areas of cus- given permission to revise and extend and other essential human rights, unless toms enforcement, drug interdiction, and his remarks.) those rights are reestablished no later than prosecution and prevention of money laun- Mr. BEREUTER. Mr. Speaker, I yield July 1, 1997, and calls upon the National Peo- dering, counterfeiting, credit card fraud, and myself such time as I may consume. ple’s Congress to reconsider its decision. organized crime. Mr. Speaker, the purpose of this leg- (7) Recognizing that under the terms of the (3) PRESERVATION OF GOOD GOVERNANCE AND islation, H.R. 750, is to support the au- Joint Declaration of 1984 the provisions of RULE OF LAW IN HONG KONG.—An assessment tonomous governance of Hong Kong the International Covenant on Civil and Po- by the Secretary of State of whether the litical Rights will continue to apply in Hong Hong Kong Government remains autono- and the future well-being of the Hong Kong, the United States welcomes the public mous and relatively free of corruption and Kong people. This bipartisan legisla- statement by the Chief Executive-designate whether the rule of law is respected in Hong tion was introduced by this Member on of Hong Kong that the legislation which will Kong. The Secretary of State shall cite in February 13, 1997, and unanimously ap- replace repealed or amended sections of the the report any— proved last week by the House Com- Societies Ordinance and Public Order Ordi- (A) efforts to annul or curtail the applica- mittee on International Relations. It nance will be the subject of public consulta- tion of the Bill of Rights of Hong Kong; has been approved for consideration tion, and urges that the new legislation (B) efforts to prosecute for violations of, or under the suspension calendar of should reflect both the clearly expressed broaden the application of, laws against wishes of the people of Hong Kong and the treason, secession, sedition, and subversion; course. That is why it is here today. provisions of the International Covenant on (C) acts or threats against nonviolent civil This bipartisan bill has a long list of Civil and Political Rights. disobedience; cosponsors, including as original co- (8) Recognizing that Hong Kong currently (D) interference in the autonomy of the sponsor the distinguished gentleman maintains an efficient capitalist economy chief executive, the civil service, the judici- from New York [Mr. GILMAN], chair- and trade system by strictly adhering to the ary, or the police; man of the Committee on International rule of law, by honoring the sanctity of con- (E) increased corruption in the Hong Kong Relations, with a long and distin- tract, and by operating without corruption Government; and guished record as a leader in promoting and with minimum and transparent regula- (F) efforts to suppress freedom of the press democracy and human rights. His con- tion, the United States calls upon the Gov- or restrict the free flow of information. tributions and amendment have great- ernment of the People’s Republic of China to (4) PRESERVATION OF THE AUTONOMY OF THE fully respect the autonomy and independence CUSTOMS TERRITORY OF HONG KONG.—An as- ly strengthened this legislation. In ad- of the chief executive, the civil service, the sessment by the Secretary of State of wheth- dition, both the distinguished gen- judiciary, the police of Hong Kong, and the er the customs territory of Hong Kong is ad- tleman from Indiana [Mr. HAMILTON], Independent Commission Against Corrup- ministered in an autonomous manner. The the ranking Democrat on the House tion. Secretary of State shall cite in the report Committee on International Relations, SEC. 5. PRESIDENTIAL DETERMINATION UNDER any— and the distinguished gentleman from SECTION 202 OF THE UNITED (A) failure to respect United States textile California [Mr. BERMAN], the ranking STATES-HONG KONG POLICY ACT OF laws and quotas; 1992 AND ADDITIONAL REPORTING (B) failure to enforce United States export Democrat on the Subcommittee on REQUIREMENTS. control laws or export license requirements; Asia and the Pacific, are also original (a) IN GENERAL.—In determining whether (C) unauthorized diversions from Hong cosponsors. Other original cosponsors ‘‘Hong Kong is not sufficiently autonomous Kong of high technology exports from the include the distinguished gentleman to justify treatment under a particular law United States to Hong Kong; of the United States, or any provision there- from New York [Mr. SOLOMON], the dis- (D) unprecedented diversion of Chinese ex- of, different from that accorded the People’s tinguished gentleman from Nebraska ports through Hong Kong in order to attain Republic of China,’’ as required by section [Mr. BARRETT], the distinguished gen- preferential treatment in United States mar- 202(a) of the United States-Hong Kong Policy tleman from California [Mr. DREIER], kets; and Act of 1992, the President of the United (E) misuse of the customs territory of the distinguished gentleman from States, based upon the assessments made Hong Kong to implement the foreign policy American Samoa [Mr. FALEOMAVAEGA], pursuant to subsection (b) of this section, as the distinguished gentleman from Ari- well as other information included in the re- or trade goals of the Government of the Peo- zona [Mr. SALMON], the distinguished ports submitted under section 301 of the ple’s Republic of China. United States-Hong Kong Policy Act of 1992, SEC. 6. EXTENSION OF CERTAIN PRIVILEGES, EX- gentleman from California [Mr. COX], shall consider the performance of the Hong EMPTIONS, AND IMMUNITIES TO and the distinguished gentleman from HONG KONG ECONOMIC AND TRADE Kong Government and the actions of the OFFICES. Arizona [Mr. KOLBE]. Other distin- Government of the People’s Republic of (a) APPLICATION OF INTERNATIONAL ORGANI- guished Members have added their China. ZATIONS IMMUNITIES ACT.—The provisions of names subsequently, including two (b) REQUIREMENTS FOR REPORTS TO CON- the International Organizations Immunities gentleman we will hear from, the gen- GRESS.—The Secretary of State shall include, Act (22 U.S.C. 288 et seq.) may be extended to in each report required by section 301 of the tleman from California [Mr. CAMPBELL] the Hong Kong Economic and Trade Offices and the gentleman from Illinois [Mr. United States-Hong Kong Policy Act of 1992, in the same manner, to the same extent, and the following: subject to the same conditions as such provi- PORTER]. (1) SUCCESSFUL AND TIMELY CONCLUSION OF sions may be extended to a public inter- Mr. Speaker, it is important that we AGREEMENTS AND TREATIES.—An assessment national organization in which the United consider and approve this legislation by the Secretary of State of whether the States participates pursuant to any treaty quickly because in less than 5 months Hong Kong Government or the People’s Re- or under the authority of any Act of Con- the British rule ends and Hong Kong public of China, or both, as the case may be, gress authorizing such participation or mak- will become a special administrative have cooperated with the United States Gov- ing an appropriation for such participation. region of China. Nobody knows exactly ernment in securing the following agree- (b) APPLICATION OF INTERNATIONAL AGREE- what will happen in Hong Kong on that ments or treaties: MENT ON CERTAIN STATE AND LOCAL TAX- (A) A bilateral investment treaty. ATION.—The President is authorized to apply night or the days, months and years (B) An extradition treaty. the provisions of Article I of the Agreement thereafter. (C) An agreement on consular access in on State and Local Taxation of Foreign Em- This reversion is unprecedented in its Hong Kong for United States citizens com- ployees of Public International Organiza- complexity. Hong Kong, one of the March 11, 1997 CONGRESSIONAL RECORD — HOUSE H843 world’s most efficient economies, will whether to maintain current U.S. rela- Hong Kong retains its special treat- become part of an emerging giant that tions with Hong Kong. ment as a place unique and separate has yet to integrate itself fully into In light of these facts and the impor- from the mainland in many ways, and the world economy and which has only tance of this legislation, this Member that the laws of the United States re- begun to experiment with democracy urges his colleagues to vote for the flect our desire to maintain a distinct at the village level. Hong Kong Reversion Act, H.R. 750. relationship with Hong Kong. There- The United Kingdom and the People’s Mr. Speaker, I reserve the balance of fore, it has my very strong support. Republic of China have largely agreed my time. The return of Hong Kong, the world’s on the basic rules for Hong Kong’s re- Mr. HILLIARD. Mr. Speaker, I yield freest economy, to the jurisdiction of version in the Sino-British Joint Dec- myself such time as I may consume. the People’s Republic of China and the laration of 1984. For its part China has Mr. Speaker, I rise in strong support events leading up to it will have a agreed to grant Hong Kong more au- of this bill, and I want to commend the major impact on United States-China tonomy, more autonomy than inter- gentleman from Nebraska [Mr. BEREU- relations. Whether this impact will be national law requires. In Hong Kong’s TER] for his leadership in bringing the positive or negative remains to be seen. constitution, the Basic Law of 1989, the bill before this body. What is clear is that the United States National People’s Congress unveiled a It is no secret that many Members is well positioned to play a role in se- ‘‘one country two systems’’ arrange- are concerned about what lies in store curing a favorable outcome. ment for 50 years. During that time for Hong Kong after China regains sov- Members of the business community, Hong Kong is supposed to enjoy a high ereignty on June 30 of this year. This both here and in Hong Kong, have, by degree of autonomy except in the areas legislation is intended to alert the PRC and large, remained optimistic that of foreign affairs and defense. to these concerns and to put the lead- they will be able to continue to operate It is rumored that more than 7,000 ers in Beijing on notice that the Mem- in Hong Kong as they have in the past. journalists from around the world will bers of Congress care deeply about the This optimism stems from the fact be on hand at midnight on June 30, well-being of the people of Hong Kong. that the island’s free market and legal 1997, to witness the official handover. This is not meant as a threat but a institutions foster economic growth In large part the attention focused on statement of political reality. If Amer- and opportunity, and the maintaining Hong Kong by the international press icans come to believe that China is of this atmosphere is in China’s best has been fueled by misguided efforts by subverting the freedom Hong Kong peo- interest. Given the dramatic opening of the the Chinese Government to disband the ple currently enjoy, then it will be mainland economy in recent years and current legislative council and replace more difficult in maintaining the pub- the benefits that have followed, I be- it with a provisional legislature, to lic and congressional support for recent lieve that the business community is alter civil rights protections in Hong and decent relations with China. Kong, and to improperly influence the correct in thinking that China values b 1600 the economic freedom of Hong Kong extremely efficient civil service there. and will try to preserve it. Clearly, these actions must not go un- If, on the other hand, the transition in Hong Kong goes smoothly and the Unfortunately, I am afraid that the noticed by the international commu- Chinese Government does not fully ap- nity and by the United States Govern- people of Hong Kong are permitted to retain their current freedoms, then I preciate that preserving Hong Kong’s ment. market economy requires that they Therefore, today we are considering am confident that the public and the also preserve personal liberty and the the Hong Kong Reversion Act, H.R. 750, Members of Congress will continue to rule of law. It is clear that the fate of to object to these troubling proposals support a policy of engagement with United States interests in Hong Kong and developments and to express and China. is inexorably linked to the democrats, act to protect the United States’ na- This bill is our way of saying to to the journalists, to the Chinese dis- tional interests in Hong Kong. Most China, if you value your relationship with the United States, then respect sidents, to the religious minorities and importantly, this legislation is abso- others whose rights will be threatened the rights and liberties of the Hong lutely clear in demanding that the Peo- if Hong Kong is governed with the Kong people. This bill also makes some ple’s Republic of China fully respect same heavy hand as the mainland. the autonomy that it has promised useful changes regarding the report on The United States must pursue a pol- Hong Kong in the Joint Declaration of Hong Kong the Secretary of State peri- icy which respects the primacy of the 1984. odically submits to Congress and the joint declaration as the document Despite the overwhelming attention legal arrangement that will govern which governs the transition, a policy to the important issues of the legisla- Hong Kong diplomatic representatives which recognizes the peculiar tensions tive council and civil rights of Hong in the United States after June 30. of our own relationship with the awak- Kong, American foreign policy makers The administration supports this ening power of China, and the policy must also be concerned about more bill. Indeed, the State Department spe- which clearly enunciates the values of mundane traditional and transition is- cifically asked for the authority grant- democracy, individual liberties, mar- sues which affect fundamental United ed in section 6 regarding privileges and ketplace opportunity, and the rule of States interests. For example, negotia- immunities. I support this bill, and I law, and makes clear our intention to tions are currently underway between ask my colleagues to do the same. standup for these values in Hong Kong. the United States and Hong Kong and Mr. Speaker, I reserve the balance of This is a difficult task but not an im- the United States and China over a my time. possible one. It is a task we must ac- myriad of technical issues, including Mr. BEREUTER. Mr. Speaker, I yield complish if we are to preserve Hong an extradition treaty, a bilateral in- 5 minutes to the distinguished gen- Kong and the remarkable, vibrant, ex- vestment treaty, consular functions tleman from Illinois [Mr. PORTER]. citing, and free place that it is today. and many more very important issues. Mr. PORTER. Mr. Speaker, I rise Mr. Speaker, the Hong Kong Rever- Moreover, we must be very careful to today in strong support of H.R. 750, the sion Act is a vital part of this bal- assure that Hong Kong continues to Hong Kong Reversion Act. As the ancing act and will codify our concerns honor U.S. export control laws and reg- House sponsor of the Hong Kong Policy about the transition. By giving the ulations after the transition. Act of 1992, I would like to commend Hong Kong economic and trade office The Hong Kong Reversion Act will my colleague, the gentleman from Ne- diplomatic privileges and immunities aid the Congress in examining all the braska [Mr. BEREUTER], for taking the separate from the People’s Republic of important issues in this complex tran- lead in the final preparations for the China, we reinforce the unique rela- sition by building on the Hong Kong United States Government to legally tionship we have with Hong Kong and Policy Act of 1992. It requires assess- accommodate the reversion of Hong our expectation that we will work di- ments and reports by the Secretary of Kong to Chinese sovereignty. rectly with the Hong Kong government State in very specific areas so the This legislation is very important to on matters of mutual concern. This is President can knowledgeably deter- the continuation of the goals of the one of the most important elements of mine under his existing authority Hong Kong Policy Act, ensuring that this legislation. H844 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Further, this bill expresses our tion of the House that two systems section 4, clause 6. In this we deal with strong support for the autonomy and within one China should mean political a statement of what we are hoping for independence of Hong Kong in the man- as well as economic freedom for Hong with the new government. My col- agement of its own affairs. By continu- Kong. For in the end, the future of league from Michigan referred to a ing to work directly with Hong Kong’s human rights in Hong Kong will im- meeting with C.H. Tung, the likely new law enforcement agencies, maintain pact the future of human rights in governor, and in that I also had the separate treaty obligations with Hong mainland China and indeed the future privilege of meeting with him in Au- Kong and declare our strong support of human rights throughout the world. gust. I thought I would put on the for Hong Kong’s institutions, the Con- Mr. BEREUTER. Mr. Speaker, I yield record that the Chinese sentiment is gress will be a forceful voice for a true, such time as he may consume to the real, that the British time in Hong one-country, two-systems approach to distinguished gentleman from Califor- Kong and the British particular dictat- Hong Kong. nia [Mr. CAMPBELL], a member of the ing of terms in Hong Kong was con- Finally, we must take every oppor- committee. trary to Chinese sovereignty during tunity to send the strongest possible (Mr. CAMPBELL asked and was the entire time of the occupation, that message to Beijing that the future of given permission to revise and extend the taking of Hong Kong in the opium Hong Kong is important to the United his remarks.) war was not a high point, let us say, in States, not just for economic reasons, Mr. CAMPBELL. Mr. Speaker, I human rights practiced by the United but for moral ones as well. A free, sta- thank the gentleman for yielding me Kingdom, and that whatever one might ble, prosperous Hong Kong serves as a this time and also for his generosity in think about the validity of the rules positive example in a region where accepting the amendments that I of- that the British offered during the last none of these qualities is the norm. fered in this process. I rise to make a period of their occupation of Hong I hope and believe that Hong Kong matter of legislative history what Kong during the time, especially since can be a window on the future of Asia, those amendments were and why I of- the agreement for the reversion of especially China. We should all work to fered them, why I believe our col- Hong Kong, that it was China’s right to ensure that Hong Kong changes China leagues on the Committee on Inter- set these rules; it was not by leave of more than China changes Hong Kong as national Relations accepted them, and Britain, it was China’s right. a result of this historic process. This why I hope today our colleagues on the So I asked the change to be made, bill is part of that work, and I whole- floor of the House of Representatives that we look to the reestablishment of heartedly commend it to my colleagues will vote in favor of them. all of those rights which have now been in the House. The first deals with section 5, clause taken away, particularly the rights for Mr. HILLIARD. Mr. Speaker, I yield b(4)(d), and in it we deal with the provi- assembly and for political activity, 2 minutes to the gentleman from sions that the Secretary of State is to that were granted during this period of Michigan [Mr. LEVIN]. include in her report regarding the time under the governorship of Chris (Mr. LEVIN asked and was given per- compliance of the new autonomous re- Patten, but had not been granted mission to revise and extend his re- gion, with our expectations, and I theretofore, that we look to see these marks.) think the world’s expectations, on eco- restored, but we see them restored Mr. LEVIN. Mr. Speaker, I appreciate nomic behavior. A different part of the when China retakes sovereignty over the gentleman yielding me this time. bill deals with our expectations on po- Hong Kong. And so a simple change to I rise in support of the Hong Kong litical behavior. refer to is that anticipation that this Reversion Act, which affirms United The committee added, at my sugges- occur no later than July 1, to give that States support for the autonomy of tion, the following, ‘‘That included in at least symbolic and very important, Hong Kong. When 21 other House Mem- that would be unprecedented diversion not simply symbolic day for China, to bers and I visited Hong Kong and China of Chinese exports through Hong Kong say that now that we are sovereign in January, we saw firsthand the need in order to attain preferential treat- again, we choose to establish guaran- for this legislation. Chinese Govern- ment in United States markets.’’ The tees of political freedom and assembly, ment representatives assured us that reason why I thought that was an im- as the sovereign and in our own right, they would pursue the one China, two portant index of behavior was just this, and not simply because Britain had systems policy. The question was then that China not be encouraged to use done so during its period of rule. and is now whether this means two po- Hong Kong as the means for having ac- Those are the legislative historical litical as well as two economic sys- cess to duty-free and preferential treat- reasons for these two amendments. I tems, whether political freedom will be ment throughout the world without thank my colleague for giving me the preserved in Hong Kong alongside eco- changing a bit the economy of the opportunity to explain them. nomic freedom. other provinces of China, that Hong Mr. BEREUTER. Mr. Speaker, I re- We are concerned about this because Kong is in a special tariff area and it be serve the balance of my time. of the intrinsic value of political free- preserved in that area, but it not be Mr. HILLIARD. Mr. Speaker, I yield dom itself, because political freedom isolated with the price then that the 2 minutes to the gentleman from enhances economic freedom, and be- rest of China could continue in a less American Samoa [Mr. FALEOMAVAEGA]. cause, as shown by nations like Singa- than free market economy, but that, Mr. FALEOMAVAEGA. Mr. Speaker, pore, economic freedom does not nec- rather, having seen the benefits avail- I thank my good friend for yielding me essarily lead to political freedom. able, particularly in the acceptance in this time. That is why we told C.H. Tung, Chi- the world economy for the special tar- I am honored to be an original co- na’s supported chief executive for Hong iff region of Hong Kong, that the rest sponsor of H.R. 750, which expresses Kong, that we were concerned about of China would be encouraged to do the United States support for the auton- Beijing’s decision to dissolve the demo- same, and thereby also obtain access to omy of Hong Kong and establishes re- cratically elected legislative counsel of the World Trade Organization opportu- quirements to determine whether the Hong Kong. I asked Mr. Tung directly, nities when those are available, as they People’s Republic of China is honoring ‘‘Do you personally assure us that are presently available to Hong Kong, commitments under the Joint Declara- within a year after July 1 there will be and other opportunities available tion of 1984 to retain Hong Kong’s au- a democratically elected legislative under American law. tonomy. body in Hong Kong?’’ He said ‘‘yes.’’ We So I am looking to see that China I would be remiss if I did not express should insist that Mr. Tung abide by does not simply send its exports more my appreciation to my good friend this promise to restore democracy next and more through Hong Kong, which from Nebraska [Mr. BEREUTER] for in- year. would not have the beneficial effect on troducing this legislation, and I cer- Unfortunately, events since we left the rest of the country, but rather the tainly would like to commend both the Hong Kong have pointed in a different Hong Kong example would be emulated chairman of our committee, the gen- direction, restriction of the rights to in the rest of China. tleman from New York [Mr. GILMAN] speech, assembly, and association. This Mr. Speaker, the other change the and the gentleman from Indiana [Mr. bill makes clear the resolute expecta- committee made at my suggestion is in HAMILTON], the ranking Democratic March 11, 1997 CONGRESSIONAL RECORD — HOUSE H845 member of the full committee for their Early in February of this year, the COMMITTEE ON WAYS AND MEANS, sponsorship and support of this impor- preparatory committee appointed by Washington, DC, March 10, 1997. tant measure. the People’s Republic of China rec- Hon. BENJAMIN GILMAN, Mr. Speaker, this legislation has bi- ommended the repeal and the amend- Chairman, Committee on International Rela- partisan support. The transfer of Hong tions, Rayburn House Office Building, ment of Hong Kong ordinances, includ- Washington, DC. Kong from British to Chinese sov- ing the bill of rights, the societies ordi- ereignty on July 1 will indeed be a his- nance relating to freedom of associa- DEAR MR. CHAIRMAN: I am writing with re- gard to H.R. 750, the Hong Kong Reversion toric event. In ending Britain’s colo- tion, and the public order ordinance re- Act, which was approved by the Committee nial rule of Hong Kong, I am hopeful lating to freedom of assembly. that China will abide by its commit- on International Relations on March 6, 1997 These two actions and the many and is scheduled for consideration in the ment under the Joint Declaration to threats by Communist officials regard- House on March 11, 1997. extend a high degree of autonomy to ing the types of speech and association, In addition to addressing general economic Hong Kong under the one-country, two- in addition to warnings to religious in- system policy. and trade relations between the United stitutions, are ominous indicators of States and Hong Kong after its reversion to Although the recent actions taken by what the courageous people of Hong China regarding Hong Kong are trou- the People’s Republic of China on July 1, Kong are facing as their territory re- 1997, the bill contains several specific provi- bling, as raised by some of my col- verts back to Communist China. sions that could affect the future treatment leagues, I would hope that we would It is without a doubt that Hong of Hong Kong under various U.S. trade laws allow China some breathing space, Mr. which fall within the jurisdiction of the Speaker, as the transition occurs. Kong’s autonomy is lost without an elected legislature, and with the repeal Committee on Ways and Means. b 1615 of the bill of rights and other ordi- Section 5 of H.R. 750 requires the Presi- On that note, I would like to associ- nances that protect its citizenry dent, when determining, under Section 202(a) ate myself with the comments made against Beijing’s intrusion into their of the United States-Hong Kong Policy Act earlier by the gentleman from Califor- freedom. of 1992, whether Hong Kong is sufficiently autonomous to justify treatment under the nia [Mr. CAMPBELL] regarding the fact H.R. 750 directs the Secretary of laws of the United States, including U.S. that Hong Kong was literally a British State to study these matters and take trade laws, different from that accorded to colony. Now, all of a sudden we are action in order to protect our Nation’s the People’s Republic of China, to consider talking about protection of democratic relationship with Hong Kong. Accord- information provided by the Secretary of principles, personal freedoms, and ingly, I urge my colleagues to fully State in the report required under section more autonomy for the residents of support this measure. 301 of the United States Hong Kong Policy this British colony, when years before Mr. Speaker, I would like also to Act of 1992. This would modify the Presi- they never had the privilege. note my appreciation for the coopera- dent’s authority to waive the applicability of Mr. Speaker, what happens in Hong U.S. law, including import and other trade tion of the gentleman from Texas [Mr. and tariff laws, with respect to Hong Kong. Kong will have serious implications on ARCHER], the chairman of the Commit- Taiwan. What happens with Taiwan’s Section 5(b) requires that the Secretary of tee on Ways and Means, in connection State include in this report an assessment of future will determine the stability of with our proceedings here today. Chair- whether the Hong Kong Government and the the entire Asian-Pacific region. man ARCHER agreed to waive jurisdic- People’s Republic of China have cooperated If China does not comply with its ob- tion of this bill in his committee in in securing a bilateral investment treaty and ligations for Hong Kong’s autonomy, order to allow us to proceed with its whether there is diminished cooperation in under the Joint Declaration, H.R. 750, expeditious consideration on the floor. areas of customs enforcement, drug interdic- will give our Government a mechanism Mr. Speaker, I include for the tion and money laundering. Section 5(b) also for determining whether the current requires the Secretary of State to cite any RECORD correspondence between Chair- United States laws and policies toward failure by these governments to respect man ARCHER and myself related to this Hong Kong should be maintained. United States textile laws and quotas and Again, I thank my good friend, the matter. any misuse of the customs territory of Hong gentleman from Nebraska, for his in- The material referred to is as follows: Kong to implement the foreign policy or troduction of this important measure. I COMMITTEE ON INTERNATIONAL trade goals of the Government of the Peo- ple’s Republic of China. All of these provi- ask my colleagues to support the legis- RELATIONS, Washington, DC, March 10, 1997. sions could affect the future of U.S. commer- lation. cial relations with Hong Kong. Mr. BEREUTER. Mr. Speaker, I yield Hon. BILL ARCHER, Chairman, Committee on Ways and Means, such time as he may consume to the In view of your desire for early House ac- House of Representatives, Washington, DC. tion on this bill, the non-controversial na- gentleman from New York [Mr. GIL- DEAR MR. CHAIRMAN: I am writing about ture of the trade-related provisions, and the MAN], chairman of the Committee on H.R. 750, which was recently introduced by fact that they do not directly change exist- International Relations. Representative Doug Bereuter and referred ing U.S. trade laws or policies, it will not be (Mr. GILMAN asked and was given solely to this Committee. On March 6, 1997, necessary for the Committee on Ways and permission to revise and extend his re- our Committee marked up this bill and Means to mark up H.R. 750. This is being marks and include extraneous mate- agreed to a resolution asking that I seek its done only with the understanding that this rial.) consideration on the suspension calendar. action in the instance in no way establishes Mr. GILMAN. Mr. Speaker, I thank The leadership has scheduled its consider- a precedent or prejudices the Committee on the gentleman for yielding time to me. ation for tomorrow. Ways and Means’ jurisdiction over provisions Mr. Speaker, I am pleased to com- I am advised that the Committee on Ways of the type described above. I would appre- mend the gentleman from Nebraska, and Means has jurisdictional interest in this ciate your confirmation of this understand- the chairman of our Subcommittee on bill, in part because, in section 5, the bill ing and reference to this exchange of letters adds criteria to be considered by the Presi- during House consideration of the bill. Asia and the Pacific of the Committee dent in making determinations under section on International Relations, and the 22 of the U.S.-Hong Kong Policy Act of 1992. I look forward to prompt consideration of this important legislation by the House. ranking minority member, the gen- As you know, this bill has widespread sup- Sincerely, tleman from California [Mr. BERMAN] port and the provisions that may involve BILL ARCHER, for crafting this measure, a resolution Ways and Means jurisdiction are minor ones, Chairman. to support the autonomous governance on which our staffs have previously been in of Hong Kong after its reversion to the touch and about which no substantive prob- Mr. BEREUTER. Mr. Speaker, I yield People’s Republic of China. lems were raised. Accordingly, I would ap- myself such time as I may consume. Hong Kong’s autonomy is clearly preciate your agreeing to the bill’s consider- ation on the suspension calendar notwith- Mr. Speaker, I include for the under attack. The Government of the standing the fact that it was not referred to People’s Republic of China has decided RECORD a cost estimate on the impact the Ways and Means Committee. of H.R. 750 by the Congressional Budget to dissolve Hong Kong’s democratically With best wishes, elected legislative council on July 1 of Office, and note that the cost is esti- Sincerely, mated to be zero. this year and appoint a provisional leg- BENJAMIN A. GILMAN, islature. Chairman. The material referred to is as follows: H846 CONGRESSIONAL RECORD — HOUSE March 11, 1997 U.S. CONGRESS, and freedom of speech stifle a citizenry and (H.R. 914) to make certain technical CONGRESSIONAL BUDGET OFFICE, undermine its economy. Unfortunately, the fu- corrections in the Higher Education Washington, DC, March 7, 1997. ture picture for Hong Kong is already clouded. Act of 1965 relating to graduation data Hon. BENJAMIN A. GILMAN, In 1984, the United Kingdom and China in disclosures, as amended. Chairman, Committee on International Rela- tions, House of Representatives, Washing- 1984 created a framework for Hong Kong's re- The Clerk read as follows: ton, DC. version in the Sino-British Joint Declaration. H.R. 914 DEAR MR. CHAIRMAN: The Congressional The Joint Declaration established a ``one- Be it enacted by the Senate and House of Rep- Budget Office has prepared the enclosed cost country, two-system'' arrangement, under resentatives of the United States of America in estimate for H.R. 750, the Hong Kong Rever- which Hong Kong would enjoy a ``high degree Congress assembled, sion Act, as ordered reported by the House of autonomy'' in its operation for the next 50 SECTION 1. TECHNICAL AMENDMENTS RELATING Committee on International Relations on years. Recently, serious questions have arisen TO DISCLOSURES REQUIRED WITH March 6, 1997. RESPECT TO GRADUATION RATES. If you wish further details on this esti- about China's intentions to adhere to its (a) AMENDMENTS.—Section 485 of the High- mate, we will be pleased to provide them. agreement in light of actions by Beijing, includ- er Education Act of 1965 (20 U.S.C. 1092) is The CBO staff contact is Joseph C. Whitehill. ing abolishing Hong Kong's democratically amended— Sincerely, elected legislature, and repealing its Bill of (1) in subsection (a)(3)(B), by striking JUNE E. O’NEILL, Rights and other ordinances ensuring the ‘‘June 30’’ and inserting ‘‘August 31’’; and Director. rights of freedom of association and assembly. (2) in subsection (e)(9), by striking ‘‘August Enclosure. H.R. 750 reaffirms congressional support for 30’’ and inserting ‘‘August 31’’. (b) EFFECTIVE DATES.— CONGRESSIONAL BUDGET OFFICE COST the automony of Hong Kong and implements ESTIMATE (1) IN GENERAL.—Except as provided in a series of reports and guidelines to determine H.R. 750, HONG KONG REVERSION ACT—AS OR- paragraph (2), the amendments made by sub- DERED REPORTED BY THE HOUSE COMMITTEE whether China is fulfilling its obligations under section (a) are effective upon enactment. ON INTERNATIONAL RELATIONS ON MARCH 6, the 1984 Joint Declaration. Under the bill, the (2) INFORMATION DISSEMINATION.—No insti- 1997 President of the United States could modify tution shall be required to comply with the amendment made by subsection (a)(1) before CBO estimates that the bill would result in current United States law and policies involv- July 1, 1998. no significant costs to the federal govern- ing Hong Kong, should he determine that ment. Because it would not affect direct ``Hong Kong is not sufficiently autonomous * * The SPEAKER pro tempore. Pursu- spending or receipts, pay-as-you-go proce- *''. While this bill does not go as far as I be- ant to the rule, the gentleman from dures would not apply. H.R. 750 contains no lieve it should go in protecting the people of California [Mr. MCKEON] and the gen- intergovernmental or private-sector man- Hong Kong, it is an important step. tleman from Michigan [Mr. KILDEE] dates as defined in the Unfunded Mandates No discussion of Hong Kong's future would each will control 20 minutes. Reform Act of 1995 (Public Law 104–4) and The Chair recognizes the gentleman would impose no costs on state, local, or be complete without acknowledging the ongo- from California [Mr. MCKEON] tribal governments. ing struggle of its brave prodemocracy move- The United States-Hong Kong Policy Act ment to ensure basic freedoms for its people. Mr. MCKEON. Mr. Speaker, I yield of 1992 (Public Law 102–383) allows the laws The courage and commitment of Hong Kong's myself such time as I may consume. of the United States to be applied to Hong prodemocracy activists, led by Martin Lee, and Mr. Speaker, today we are taking up Kong without change after its reversion to including Emily Lau and Christine Loh, is ex- H.R. 914, which the gentleman from China so long as Hong Kong remains suffi- emplary. We must speak out on their behalf to Michigan [Mr. KILDEE] and I intro- ciently autonomous to justify a separate support their efforts and to ensure their safety. duced, and which was reported by the treatment. H.R. 750 would require that the Committee on Education and the Secretary of State’s report on conditions in Mr. HILLIARD. Mr. Speaker, I have Hong Kong required by the earlier act ad- no further requests for time, and I Workforce by voice vote. dress specific issues regarding Hong Kong’s yield back the balance of my time. H.R. 914 makes a technical correction cooperation with U.S. agencies and contin- Mr. BEREUTER. Mr. Speaker, I yield to the student right-to-know provi- ued autonomy. back the balance of my time. sions of the Higher Education Act. The In addition, H.R. 750 would continue, after The SPEAKER pro tempore. The student right-to-know provisions of the Hong Kong reverts to China, some of the question is on the motion offered by Higher Education Act require institu- privileges and immunities that employees of the gentleman from Nebraska [Mr. BE- tions of higher education to report the Hong Kong economic and trade offices graduation rates for their student currently enjoy as part of the British con- REUTER] that the House suspend the sular presence. rules and pass the bill, H.R. 750, as body. The CBO staff contact for this estimate is amended. These statistics are compiled for the Joseph C. Whitehill. The estimate was ap- The question was taken. student body at large and for student proved by Robert A. Sunshine, Deputy As- Mr. BEREUTER. Mr. Speaker, on athletes as well. Unfortunately, a sistant Director for Budget Analysis. that I demand the yeas and nays. change made in the fiscal year 1996 om- Ms. PELOSI. Mr. Speaker, I rise today in The yeas and nays were ordered. nibus appropriations bill resulted in support of H.R. 570, the Hong Kong Rever- The SPEAKER pro tempore. Pursu- these rates being calculated at dif- sion Act. I commend Chairman BEREUTER and ant to clause 5 of rule I and the Chair’s ferent points in time during the aca- Ranking Member BERMAN for bringing this bill prior announcement, further proceed- demic year. Rates for the student body to the floor today. While there are differing ings on this motion will be postponed. at large are calculated as of June 30, views in Congress about the direction which f while rates for student athletes are cal- United States-China policy should take, we culated as of August 30. are all united in our concern about the future GENERAL LEAVE As a result of this mistake, institu- of Hong Kong. On July 1, 1997, less than 4 Mr. BEREUTER. Mr. Speaker, I ask tions will be required to keep two sets months from now, control over Hong Kong will unanimous consent that all Members of records for calculating and reporting revert to China. This action defines the future may have 5 legislative days within graduation rates. This amendment cor- for a freedom-loving people, who will find which to revise and extend their re- rects the problem by conforming the themselves under the jurisdiction of an author- marks on the measure just considered. section of the Higher Education Act itarian regime. The SPEAKER pro tempore. Is there dealing with the reporting date for stu- There is much at stake with this takeover objection to the request of the gen- dent athletes to the section of the and the people of Hong Kong are not the only tleman from Nebraska? Higher Education Act that requires ones who will feel its effects. Hong Kong's There was no objection. preparation of graduation rates for all very viability as a global financial center will f students. be threatened if the Chinese Government This amendment will set August 31 does not act responsibly and does not respect MAKING CERTAIN TECHNICAL COR- as the uniform reporting date, which internationally recognized basic human rights RECTIONS IN HIGHER EDU- allows institutions to more accurately and fundamental principles. Transparency, ac- CATION ACT OF 1965 RELATING reflect the manner in which they col- cess to unbiased information in real time, and TO GRADUATION DATA DISCLO- lect the data on graduation rates, and recourse to an independent judicial system are SURES eliminates the burdensome task of pre- all critical components of long-term economic Mr. MCKEON. Mr. Speaker, I move to paring two distinct sets of graduation growth. Restrictions on freedom of the press suspend the rules and pass the bill rates. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H847 The amendment is drafted to allow The SPEAKER pro tempore. Is there pending the rules and agreeing to the institutions to comply with the revised objection to the request of the gen- concurrent resolution, House Concur- dates immediately, as it is our under- tleman from California? rent Resolution 16, as amended. standing that a majority of institu- There was no objection. The Clerk read the title of the con- tions wish to use the revised date, and f current resolution. we encourage them to do so. RECESS The SPEAKER pro tempore. The However, we do not want to penalize question is on the motion offered by those institutions that, for whatever The SPEAKER pro tempore. Pursu- the gentleman from New York [Mr. ant to clause 12 of rule I, the Chair de- reason, could not immediately comply GILMAN] that the House suspend the with the date change. For this reason, clares the House in recess until 5 p.m. rules and agree to the concurrent reso- the effective date for mandatory com- today. lution, House Concurrent Resolution Accordingly (at 4 o’clock and 25 min- pliance with this amendment begins on 16, as amended, on which the yeas and July 1, 1998. This should allow suffi- utes p.m.), the House stood in recess until 5 p.m. nays are ordered. cient time for all institutions to make The vote was taken by electronic de- f any system changes necessary to com- vice, and there were—yeas 415, nays 1, ply with the date change. The higher b 1700 not voting 16, as follows: education community requested our as- [Roll No 36] sistance in conforming the reporting AFTER RECESS YEAS—415 dates for graduation rates, with the The recess having expired, the House concurrence of the Department of Edu- was called to order by the Speaker pro Abercrombie Cramer Gutknecht Ackerman Crane Hall (OH) cation. The technical correction has no tempore [Mr. STEARNS] at 5 p.m. Aderholt Crapo Hall (TX) budget impact. f Allen Cubin Hamilton I want to thank the gentleman from Archer Cummings Hansen ANNOUNCEMENT BY THE SPEAKER Michigan for his cooperation in moving Armey Cunningham Harman PRO TEMPORE Bachus Danner Hastert ahead with this technical correction, Baesler Davis (FL) Hastings (FL) and I urge my colleagues to support The SPEAKER pro tempore. Debate Baker Davis (IL) Hastings (WA) H.R. 914. has concluded on all motions to sus- Baldacci Davis (VA) Hayworth Mr. Speaker, I reserve the balance of pend the rules. Ballenger Deal Hefley Pursuant to clause 5, rule I, the Chair Barcia DeFazio Hefner my time. Barr DeGette Herger Mr. KILDEE. Mr. Speaker, I yield will now put the question on each mo- Barrett (NE) Delahunt Hill myself such time as I may consume. tion to suspend the rules on which fur- Barrett (WI) DeLauro Hilleary Mr. Speaker, I rise to urge adoption ther proceedings were postponed ear- Bartlett DeLay Hilliard lier today in the order in which that Barton Dellums Hinchey of this amendment, of which I am a co- Bass Deutsch Hinojosa sponsor. It is purely a technical amend- motion was entertained. Bateman Diaz-Balart Hobson ment. It would change the August 30 Votes will be taken in the following Becerra Dickey Hoekstra order: Bentsen Dicks Holden date in the Federal right-to-know law Bereuter Dingell Hooley in two places in order to reflect the House Joint Resolution 32, de novo; House Concurrent Resolution 16, by Berman Dixon Horn fact that the month of August actually Berry Doggett Hostettler the yeas and nays; Bilbray Dooley Houghton has 31 days. House Resolution 68, by the yeas and The overall importance of the Bilirakis Doolittle Hoyer nays; and Bishop Doyle Hulshof amendment, however, cannot be mini- H.R. 750, by the yeas and nays. Blagojevich Dreier Hunter mized. The provision to be amended re- The Chair will reduce to 5 minutes Bliley Duncan Hutchinson lieves institutions of higher education Blumenauer Dunn Hyde the time for any electronic vote after Blunt Edwards Inglis from collecting separate sets of grad- the first such vote in this series. Boehlert Ehlers Istook uation rates in order to comply with f Boehner Ehrlich Jackson (IL) the Federal law. Institutions would be Bonilla Emerson Jackson-Lee GRANTING CONSENT TO CERTAIN Bonior Engel (TX) allowed to use data that they are al- Bono English Jefferson ready collecting in order to meet the AMENDMENTS ENACTED BY HA- Borski Ensign Jenkins requirements of the Federal law. The WAIIAN LEGISLATURE TO HA- Boswell Eshoo John simple date change from August 30 to WAIIAN HOMES COMMISSION ACT Boucher Etheridge Johnson (CT) OF 1920 Boyd Evans Johnson (WI) August 31 will accomplish that objec- Brady Everett Johnson, E. B. tive once and hopefully forever. I urge The SPEAKER pro tempore. The Brown (CA) Ewing Johnson, Sam the amendment’s approval. pending business is the question de Brown (FL) Farr Jones Mr. Speaker, I have no further re- Brown (OH) Fattah Kanjorski novo of suspending the rules and pass- Bryant Fawell Kasich quests for time, and I yield back the ing the joint resolution, House Joint Bunning Fazio Kelly balance of my time. Resolution 32. Burr Filner Kennedy (MA) Mr. MCKEON. Mr. Speaker, I have no The Clerk read the title of the joint Burton Foglietta Kennedy (RI) further requests for time, and I yield Buyer Foley Kennelly resolution. Callahan Forbes Kildee back the balance of my time. The SPEAKER pro tempore. The Calvert Ford Kilpatrick The SPEAKER pro tempore. The question is on the motion offered by Camp Fowler Kim question is on the motion offered by the gentleman from California [Mr. Campbell Fox Kind (WI) the gentleman from California [Mr. Canady Frank (MA) King (NY) DOOLITTLE] that the House suspend the Cannon Franks (NJ) Kingston MCKEON] that the House suspend the rules and pass the joint resolution, Capps Frelinghuysen Kleczka rules and pass the bill, H.R. 914, as House Joint Resolution 32. Cardin Frost Klink amended. The question was taken; and (two- Castle Gallegly Klug Chabot Ganske Knollenberg The question was taken; and (two- thirds having voted in favor thereof) Chambliss Gekas Kolbe thirds having voted in favor therefore) the rules were suspended and the joint Chenoweth Gibbons Kucinich the rules were suspended and the bill, resolution was passed. Christensen Gilchrest LaFalce as amended, was passed. A motion to reconsider was laid on Clay Gillmor LaHood Clayton Gilman Lampson A motion to reconsider was laid on the table. Clement Gonzalez Lantos the table. f Coburn Goode Latham f Collins Goodlatte LaTourette CONCERNING URGENT NEED TO Combest Goodling Lazio GENERAL LEAVE IMPROVE LIVING STANDARDS OF Condit Gordon Leach SOUTH ASIANS LIVING IN THE Conyers Goss Levin Mr. MCKEON. Mr. Speaker, I ask Cook Graham Lewis (CA) unanimous consent that all Members GANGES AND BRAHMAPUTRA Cooksey Granger Lewis (GA) may have 5 legislative days within RIVER BASIN Costello Green Lewis (KY) Cox Greenwood Linder which to revise and extend their re- The SPEAKER pro tempore. The Coyne Gutierrez Lipinski marks on H.R. 914. pending business is the question of sus- H848 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Livingston Paxon Smith (MI) ANNOUNCEMENT BY THE SPEAKER Gonzalez Luther Ros-Lehtinen LoBiondo Payne Smith (NJ) Goode Maloney (CT) Rothman Lofgren Pease Smith (OR) PRO TEMPORE Goodlatte Maloney (NY) Roybal-Allard Lowey Pelosi Smith (TX) The SPEAKER pro tempore (Mr. Goodling Manton Royce Lucas Peterson (MN) Smith, Adam Gordon Manzullo Ryun STEARNS). Pursuant to the provisions Luther Peterson (PA) Smith, Linda Goss Markey Sabo Maloney (CT) Petri Snowbarger of clause 5 of rule I, the Chair an- Graham Martinez Salmon Maloney (NY) Pickering Snyder nounces that he will reduce to a mini- Granger Mascara Sanchez Manton Pickett Solomon mum of 5 minutes the period of time Green Matsui Sanders Manzullo Pitts Souder Greenwood McCarthy (MO) Sandlin Markey Pombo Spence within which a vote by electronic de- Gutierrez McCarthy (NY) Sanford Martinez Pomeroy Spratt vice may be taken on each additional Gutknecht McCollum Sawyer Mascara Porter Stabenow motion to suspend the rules on which Hall (OH) McCrery Saxton Matsui Portman Stark the Chair has postponed further pro- Hall (TX) McDade Schaffer, Bob McCarthy (NY) Poshard Stearns Hamilton McDermott Schiff McCollum Price (NC) Stenholm ceedings. Hansen McGovern Schumer McCrery Pryce (OH) Stokes The Chair is informed that the cloak- Harman McHale Scott McDade Quinn Strickland room beepers may not be working and Hastert McHugh Sensenbrenner McDermott Radanovich Stump Serrano Members should not rely on them in re- Hastings (FL) McInnis McGovern Rahall Stupak Hastings (WA) McIntosh Sessions McHale Ramstad Sununu sponding to the next two votes. Hayworth McIntyre Shadegg McHugh Rangel Talent Shaw f Hefley McKinney McInnis Regula Tanner Hefner McNulty Shays McIntosh Reyes Tauscher Herger Meehan Sherman McIntyre Riggs Tauzin SENSE OF HOUSE CONCERNING Hill Meek Shimkus McKeon Riley Taylor (MS) Hilleary Menendez Shuster McKinney Rivers Taylor (NC) TREATY OF MUTUAL COOPERA- Sisisky TION AND SECURITY BETWEEN Hilliard Metcalf McNulty Roemer Thomas Hinchey Mica Skaggs Meehan Rogan Thompson UNITED STATES AND JAPAN Hinojosa Miller (CA) Skeen Meek Rogers Thornberry Hobson Miller (FL) Skelton Menendez Rohrabacher The SPEAKER pro tempore. The Slaughter Thune Hoekstra Minge Metcalf Ros-Lehtinen Thurman Smith (MI) pending business is the question of sus- Holden Mink Mica Rothman Tiahrt Smith (NJ) pending the rules and agreeing to the Hooley Moakley Miller (CA) Roybal-Allard Tierney Smith (OR) Horn Molinari Miller (FL) Royce Torres resolution, House Resolution 68, as Smith (TX) Hostettler Mollohan Minge Ryun Traficant amended. Smith, Adam Houghton Moran (KS) Mink Sabo Turner Smith, Linda The Clerk read the title of the resolu- Hoyer Moran (VA) Moakley Salmon Upton Snowbarger Hulshof Morella Molinari Sanchez Velazquez tion. Snyder Hutchinson Murtha Mollohan Sanders Vento The SPEAKER pro tempore. The Solomon Hyde Myrick Moran (KS) Sandlin Visclosky Spratt question is on the motion offered by Inglis Nadler Moran (VA) Sanford Walsh the gentleman from Nebraska [Mr. BE- Stabenow Morella Sawyer Wamp Istook Neal Stark Murtha Saxton Waters REUTER] that the House suspend the Jackson (IL) Nethercutt Stearns Myrick Scarborough Watkins rules and agree to the resolution, Jackson-Lee Neumann Stenholm Nadler Schaefer, Dan Watt (NC) House Resolution 68, as amended, on (TX) Ney Stokes Neal Schaffer, Bob Watts (OK) Jefferson Northup Strickland Nethercutt Schiff Waxman which the yeas and nays are ordered. Jenkins Norwood Stump Neumann Schumer Weldon (FL) The vote was taken by electronic de- John Nussle Stupak Ney Scott Weldon (PA) vice, and there were—yeas 403, nays 16, Johnson (CT) Oberstar Sununu Johnson (WI) Obey Northup Sensenbrenner Weller not voting 13, as follows: Talent Norwood Serrano Wexler Johnson, E. B. Olver Tanner Nussle Sessions Weygand [Roll No 37] Johnson, Sam Ortiz Tauscher Jones Oberstar Shadegg White YEAS—403 Oxley Tauzin Obey Shaw Whitfield Kanjorski Packard Taylor (NC) Olver Shays Wicker Abercrombie Burr Diaz-Balart Kasich Pallone Thomas Ortiz Sherman Wise Ackerman Burton Dickey Kelly Pappas Thompson Oxley Shimkus Wolf Aderholt Callahan Dicks Kennedy (MA) Parker Thornberry Packard Shuster Woolsey Allen Calvert Dingell Kennedy (RI) Pascrell Thune Pallone Sisisky Wynn Archer Camp Dixon Kennelly Pastor Thurman Pappas Skaggs Yates Armey Campbell Doggett Kildee Paxon Tiahrt Parker Skeen Young (AK) Bachus Canady Dooley Kilpatrick Payne Tierney Pascrell Skelton Young (FL) Baesler Cannon Doolittle Kim Pease Torres Pastor Slaughter Baker Capps Doyle Kind (WI) Pelosi Turner Baldacci Cardin Dreier King (NY) Peterson (MN) Upton NAYS—1 Ballenger Castle Duncan Kingston Peterson (PA) Velazquez Paul Barcia Chabot Dunn Kleczka Petri Vento Barr Chambliss Edwards Klink Pickering Visclosky NOT VOTING—16 Barrett (NE) Chenoweth Ehlers Klug Pickett Walsh Barrett (WI) Christensen Ehrlich Andrews Gejdenson Millender- Knollenberg Pitts Wamp Bartlett Clay Emerson Carson McDonald Kolbe Pombo Waters Gephardt Barton Clayton Engel Clyburn Owens Kucinich Pomeroy Watkins Kaptur Bass Clement English Coble Roukema LaFalce Porter Watt (NC) Largent Bateman Clyburn Ensign Flake Rush LaHood Portman Watts (OK) McCarthy (MO) Becerra Coburn Eshoo Furse Towns Lampson Poshard Waxman Bentsen Collins Etheridge Lantos Price (NC) Weldon (FL) b 1725 Bereuter Combest Evans Latham Pryce (OH) Weldon (PA) Berman Condit Everett LaTourette Quinn Weller Mr. OLVER and Mr. WAMP changed Berry Conyers Ewing Lazio Radanovich Wexler their vote from ‘‘nay’’ to ‘‘yea.’’ Bilirakis Cook Farr Leach Rahall Weygand Bishop Cooksey Fattah So (two-thirds having voted in favor Levin Ramstad White Blagojevich Costello Fawell Lewis (CA) Rangel Whitfield thereof) the rules were suspended and Bliley Cox Fazio Lewis (GA) Regula Wicker the concurrent resolution, as amended, Blumenauer Coyne Filner Lewis (KY) Reyes Wise was agreed to. Blunt Cramer Foglietta Linder Riggs Wolf Boehlert Crane Foley Lipinski Riley Woolsey The result of the vote was announced Boehner Crapo Forbes Livingston Rivers Wynn as above recorded. Bonilla Cubin Ford LoBiondo Roemer Young (AK) A motion to reconsider was laid on Bonior Cummings Fox Lofgren Rogan Young (FL) Bono Cunningham Franks (NJ) the table. Lowey Rogers Borski Davis (FL) Frelinghuysen Lucas Rohrabacher f Boswell Davis (IL) Frost Boucher Davis (VA) Gallegly NAYS—16 PERSONAL EXPLANATION Boyd Deal Ganske Brady DeGette Gejdenson Bilbray Hunter Spence Ms. MCCARTHY of Missouri. Mr. Speaker, Brown (CA) Delahunt Gekas Buyer McKeon Taylor (MS) on rollcall No. 36, on House Concurrent Reso- Brown (FL) DeLauro Gibbons Danner Paul Traficant Brown (OH) DeLay Gilchrest DeFazio Scarborough Yates lution 16. I was detained in transit. Had I been Bryant Dellums Gillmor Fowler Schaefer, Dan present, I would have voted ``yea.'' Bunning Deutsch Gilman Frank (MA) Souder March 11, 1997 CONGRESSIONAL RECORD — HOUSE H849 NOT VOTING—13 Deutsch Johnson, Sam Paxon Turner Watt (NC) Whitfield Diaz-Balart Jones Payne Upton Watts (OK) Wicker Andrews Gephardt Owens Dickey Kanjorski Pease Velazquez Waxman Wise Carson Kaptur Roukema Dicks Kasich Pelosi Vento Weldon (FL) Wolf Coble Largent Rush Dingell Kelly Peterson (MN) Visclosky Weldon (PA) Woolsey Flake Millender- Towns Dixon Kennedy (MA) Peterson (PA) Walsh Weller Wynn Furse McDonald Doggett Kennedy (RI) Petri Wamp Wexler Yates Dooley Kennelly Pickering Waters Weygand Young (AK) b 1737 Doolittle Kildee Pickett Watkins White Young (FL) Mr. MCKEON and Mr. BUYER Doyle Kilpatrick Pitts NAYS—1 Dreier Kim Pombo changed their vote from ‘‘yea’’ to Duncan Kind (WI) Pomeroy Paul ‘‘nay.’’ Dunn King (NY) Porter NOT VOTING—15 So (two-thirds having voted in favor Edwards Kingston Portman thereof), the rules were suspended and Ehlers Kleczka Poshard Andrews Greenwood Pryce (OH) Ehrlich Klink Price (NC) Carson Kaptur Roukema the resolution, as amended, was agreed Emerson Klug Quinn Coble Largent Rush to. Engel Knollenberg Radanovich Flake Millender- Towns The title of the resolution was English Kolbe Rahall Furse McDonald amended so as to read: ‘‘A resolution Ensign Kucinich Ramstad Gephardt Owens Eshoo LaFalce Rangel b stating the sense of the House of Rep- Etheridge LaHood Regula 1747 resentatives that the Treaty of Mutual Evans Lampson Reyes So (two-thirds having voted in favor Cooperation and Security Between the Everett Lantos Riggs Ewing Latham Riley thereof), the rules were suspended and United States of America and Japan is Farr LaTourette Rivers the bill as amended, was passed. essential for furthering the security in- Fattah Lazio Roemer The result of the vote was announced terests of the United States, Japan, Fawell Leach Rogan as above recorded. and the nations of the Asia-Pacific re- Fazio Levin Rogers Filner Lewis (CA) Rohrabacher A motion to reconsider was laid on gion, and that the people of Japan, es- Foglietta Lewis (GA) Ros-Lehtinen the table. pecially the people of Okinawa, deserve Foley Lewis (KY) Rothman f recognition for their contributions to- Forbes Linder Roybal-Allard ward ensuring the treaty’s implemen- Ford Lipinski Royce PERSONAL EXPLANATION Fowler Livingston Ryun tation.’’ Fox LoBiondo Sabo Ms. PRYCE of Ohio. Mr. Speaker, on rollcall The result of the vote was announced Frank (MA) Lofgren Salmon No. 38, I was unavoidably detained. Had I as above recorded. Franks (NJ) Lowey Sanchez been present, I would have voted ``yea.'' Frelinghuysen Lucas Sanders f A motion to reconsider was laid on Frost Luther Sandlin the table. Gallegly Maloney (CT) Sanford PERSONAL EXPLANATION Ganske Maloney (NY) Sawyer f Gejdenson Manton Saxton Ms. STABENOW. Mr. Speaker, I rise Gekas Manzullo Scarborough to indicate that on Thursday, March 6, HONG KONG REVERSION ACT Gibbons Markey Schaefer, Dan Gilchrest Martinez Schaffer, Bob I was on a leave of absence for official The SPEAKER pro tempore. The Gillmor Mascara Schiff business, having had the pleasure of es- pending business is the question of sus- Gilman Matsui Schumer corting the President of the United pending the rules and passing the bill, Gonzalez McCarthy (MO) Scott States to my district to discuss edu- Goode McCarthy (NY) Sensenbrenner H.R. 750, as amended. Goodlatte McCollum Serrano cation issues. The Clerk read the title of the bill. Goodling McCrery Sessions As a result, I missed rollcall votes 32 The SPEAKER pro tempore. The Gordon McDade Shadegg through 35. Had I been present, I would question is on the motion offered by Goss McDermott Shaw have voted ‘‘nay’’ on rollcall votes 32 Graham McGovern Shays the gentleman from Nebraska [Mr. BE- Granger McHale Sherman and 35, and ‘‘yea’’ on rollcall votes 33 REUTER] that the House suspend the Green McHugh Shimkus and 34. rules and pass the bill, H.R. 750, as Gutierrez McInnis Shuster f amended, on which the yeas and nays Gutknecht McIntosh Sisisky Hall (OH) McIntyre Skaggs SPECIAL ORDERS are ordered. Hall (TX) McKeon Skeen The vote was taken by electronic de- Hamilton McKinney Skelton The SPEAKER pro tempore (Mr. vice, and there were—yeas 416, nays 1, Hansen McNulty Slaughter STEARNS). Under the Speaker’s an- Harman Meehan Smith (MI) not voting 15, as follows: Hastert Meek Smith (NJ) nounced policy of January 7, 1997, and [Roll No. 38] Hastings (FL) Menendez Smith (OR) under a previous order of the House, Hastings (WA) Metcalf Smith (TX) YEAS—416 the following Members will be recog- Hayworth Mica Smith, Adam nized for 5 minutes each. Abercrombie Boehlert Clay Hefley Miller (CA) Smith, Linda Ackerman Boehner Clayton Hefner Miller (FL) Snowbarger f Aderholt Bonilla Clement Herger Minge Snyder Allen Bonior Clyburn Hill Mink Solomon IMPROVING THE COMMUTE TO Archer Bono Coburn Hilleary Moakley Souder WORK Armey Borski Collins Hilliard Molinari Spence Bachus Boswell Combest Hinchey Mollohan Spratt The SPEAKER pro tempore. Under a Baesler Boucher Condit Hinojosa Moran (KS) Stabenow previous order of the House, the gen- Baker Boyd Conyers Hobson Moran (VA) Stark tleman from Oregon [Mr. BLUMENAUER] Baldacci Brady Cook Hoekstra Morella Stearns is recognized for 5 minutes. Ballenger Brown (CA) Cooksey Holden Murtha Stenholm Barcia Brown (FL) Costello Hooley Myrick Stokes Mr. BLUMENAUER. Mr. Speaker, Barr Brown (OH) Cox Horn Nadler Strickland throughout the Capitol this week, we Barrett (NE) Bryant Coyne Hostettler Neal Stump are being visited by men and women Barrett (WI) Bunning Cramer Houghton Nethercutt Stupak Bartlett Burr Crane Hoyer Neumann Sununu who are the leaders of our transit agen- Barton Burton Crapo Hulshof Ney Talent cies around the country. I hope that as Bass Buyer Cubin Hunter Northup Tanner they are visiting with us today dealing Bateman Callahan Cummings Hutchinson Norwood Tauscher with the things that make a difference Becerra Calvert Cunningham Hyde Nussle Tauzin Bentsen Camp Danner Inglis Oberstar Taylor (MS) to Americans, that we in Congress will Bereuter Campbell Davis (FL) Istook Obey Taylor (NC) be particularly aware of two pieces of Berman Canady Davis (IL) Jackson (IL) Olver Thomas legislation that they are seeking our Berry Cannon Davis (VA) Jackson-Lee Ortiz Thompson Bilbray Capps Deal (TX) Oxley Thornberry assistance for that will make a dif- Bilirakis Cardin DeFazio Jefferson Packard Thune ference for American families. Bishop Castle DeGette Jenkins Pallone Thurman After all, notwithstanding a lot of Blagojevich Chabot Delahunt John Pappas Tiahrt what passes for topical political rhet- Bliley Chambliss DeLauro Johnson (CT) Parker Tierney Blumenauer Chenoweth DeLay Johnson (WI) Pascrell Torres oric in our Capitol, really what Amer- Blunt Christensen Dellums Johnson, E. B. Pastor Traficant ican families care about most is they H850 CONGRESSIONAL RECORD — HOUSE March 11, 1997 want to be safe, they want their fami- are allowed for only one-third of that three people working, paying in their lies economically secure, they want value. The Commuter Choice Act would taxes to support each retiree. them healthy. I am here today to argue eliminate this imbalance, and encour- What has happened at the same time on behalf of two of these bills that will age energy savings without penalizing is an increasing number of retirees. do that in terms of having a more bal- drivers. The life span is much longer. When we anced transportation system. It would increase the nontaxable started Social Security, the average One, House Resolution 37, would give transit pass benefit to the same $170 age of death was 61, even though the congressional employees here in the per month as the tax-free parking ben- retirement age was 65. And today the District of Columbia and in our district efit. average age of death is almost 74 years. offices the opportunity to contribute to b 1800 If you are fortunate enough to live to the livability of their communities by be 65 years old, then the average age of using transit. As local elected officials In addition, this bill will take away death is 84 years old. So a tremendous we have had the opportunity of imple- the disincentive for people who choose increase in the number of retirees menting such programs in our commu- alternative transportation modes. which is going to be compounded by nity, and we found that transit passes Right now, if an employer decides that the fact that the baby boomers, that made a great deal of difference. They they are going to give $25 a month as huge population growth after World improved morale of our employees, an incentive for people to walk, run, or War II, are going to start to retire in they decreased the demand for parking, bike to work, that will make the other about 2011. they helped clean the air, they de- benefits that they provide potentially So everybody is guessing we are creased congestion, and they actually taxable, including tax-free parking. going to run out of money, there is not ended up saving our employees money. This bill would provide the oppor- enough money coming in to pay the Sadly, the House of Representatives tunity for a stipend of $15 to $50 per outgo after 2011. Dorcas Hardy, a is behind the curve in offering transit month. This cash benefit would support former Social Security Commissioner, benefits. Since 1984, private sector em- employees who choose to walk, bike, estimates that we are going to run out ployers have offered their employees run, rollerblade to work. We have had of money as early as 2005. transit benefits for their commute to opportunities in the State of Califor- Let me give you an example of the work. Even our colleagues in the U.S. nia, where this has been implemented increased cost of Social Security. This Senate have successfully operated a by some employers. year on average we are paying out for transit pass program since 1992. Today I urge my colleagues to support these Social Security benefits $700,000 a over 2,000 employees of the Congres- two bills. minute. By 2029, we will be paying out sional Budget Office, the Architect of f $5,600,000 a minute. Today $700,000, by the Capitol, and the Senate participate SOCIAL SECURITY 2029 it is going to be $5,600,000. A tre- in an employer-sponsored transit pass mendous increase in cost. program. With the passage of the Fed- The SPEAKER pro tempore [Mr. How do we solve the problem? I have eral Employees Clean Air Incentives STEARNS]. Under a previous order of introduced a bill last session that Act of 1993, the House is authorized to the House, the gentleman from Michi- makes 12 modest changes for future re- offer its employees the same incentive. gan [Mr. SMITH] is recognized for 5 min- tirees, that holds safe existing retirees, Unfortunately, we have yet to do so. utes. but it slightly slows down the increase This is a bipartisan resolution, already Mr. SMITH of Michigan. Mr. Speak- in benefits for higher income retirees. with over 3 dozen cosponsors, that er, I am a member of the Committee on It adds an additional year that you are would give House offices the option to the Budget. Last week Alan Greenspan, going to have to work to be eligible for underwrite part of the cost of monthly the Chairman of the Federal Reserve, retirement. It has some changes in the passes for our employees. No additional came before our committee. Today bend points. It makes changes in the revenue is needed to approve the pro- Secretary Rubin, Secretary of the requirements of a spouse receiving So- gram, since our employee transit Treasury, came before our committee. cial Security benefits that did not passes would be funded out of existing They made, I think, a very important work, but the point is how do we make transit office budgets. point that everybody should be aware the changes. How are we going to come The Washington Metropolitan Area of. That is that Social Security has to grips with changes in a program Transit Authority, WMATA, is ex- very serious problems for the future. that has been called the third rail, that tremely supportive of this legislation, Mr. Speaker, I would just like to talk if politicians start touching this like and is ready to help the House imple- about some of the things that are hap- they did Medicare, they are going to be ment the transit benefit program here pening in Social Security that means chastised in the next election. in the D.C. metro area as soon as we that the benefits for existing retirees I urge my colleagues to come for- are willing to work with them. are threatened as well as the potential ward. Let us start taking our heads out Additionally, we are hearing from for retirement benefits for workers of the sand. our transit friends about another im- that are going to retire in the future. Mr. President, I ask you, Secretary portant piece of legislation. This is the In terms of the Federal budget, So- Rubin, I ask you, colleagues, I ask you, Commuter Choice Act, H.R. 873, that is cial Security uses up now 22 percent of let us start dealing with this program. primarily sponsored by our colleague, the total Federal budget. What is hap- If we delay the solutions of solving So- the gentleman from Georgia [Mr. pening is we have a system in Social cial Security, that simply means that LEWIS]. Security where existing workers pay the solutions are going to be much Most of us understand that the over- their taxes in to support the retire- more drastic. It is important that we whelming reliance on single-occupant ment benefits of existing retirees, a start today working on these solutions vehicles is responsible for unsafe air, pay as you GOPAC. for Social Security. unsafe streets, and gridlock that is in- That is the way it is today. That is I invite my colleagues to examine my creasingly paralyzing our commu- the way it always has been since Social bill. Let us run this idea up the flag nities. Yet, sadly, our tax policy en- Security started in 1935. What is hap- pole. Let us come up with better solu- courages commuting by car over any pening is there is a fewer number of tions, but let us not put this decision other means of transportation. It is not workers. The birth rate is going down, off by simply appointing a commission enough that in America we spend more so we are seeing a fewer number of that is going to come back 2 or 3 or 4 advertising the automobile than sup- workers paying in their taxes to sup- years later with three different propos- porting transit. We have a tax system port an increasing number of retirees. als on how to solve it. that discriminates against people who For example, in 1945, there were 42 peo- would like to do the right thing and ple working paying in their taxes to f not use their private automobile. support the benefits of each retiree. By The SPEAKER pro tempore. Under a Employers can currently provide free 1950, that went down to 17 individuals previous order of the House, the gen- parking up to $170 a month tax-free, working paying in their taxes to sup- tleman from Wisconsin [Mr. KIND] is but a transit pass or car pool benefits port each retiree. Today there are recognized for 5 minutes. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H851 [Mr. KIND addressed the House. His States. They appreciate that average There is some talk about a special remarks will appear hereafter in the people can run for office and represent prosecutor. I am absolutely opposed Extensions of Remarks.] Americans in this august and impor- and I will tell you why. Special pros- f tant body. They recognize that it is not ecutor connotes that someone has pur- their job to come here and be led by posely done something illegal that may ROSE-HULMAN INSTITUTE OF those who are filled with special inter- be on the verge of criminal activities. TECHNOLOGY ests and who pay for those special in- We have a body that is now set and the The SPEAKER pro tempore. Under a terests to be brought to the floor of the moneys have been voted for the U.S. previous order of the House, the gen- House. But they do recognize that av- Senate to begin investigating any ac- tleman from Indiana [Mr. PEASE] is erage citizens like you and me fund dif- tivities that may have occurred that recognized for 5 minutes. ferent PAC’s and give opportunity for may be illegal or may infringe upon Mr. PEASE. Mr. Speaker, I rise today their voices to be heard. our rules with respect to campaign fi- to pay tribute to Rose-Hulman Insti- I think it is important that we recog- nance reform. tute of Technology at Terre Haute, IN. nize what democracy is. It means that I say let the process go forward. Let Rose-Hulman recently received the 1997 teachers can gather and organize and the witnesses be subpoenaed. Let the Theodore Hesburgh Award from the speak about issues of education. It Members who have something to say American Council on Education, which means that nurses can organize and say it. Let the investigation be thor- honors exceptional faculty develop- talk about health issues. Senior citi- ough. Let it be of Republicans. Let it ment programs designed to enhance zens are able as well to comment on be of Independents. Let it be of Demo- undergraduate teaching and learning. Social Security and Medicare and Med- crats. Let the American people see it in Additionally, the institute received a icaid. It means that everyone’s voice the clearness of the day and let us have certificate of excellence for its develop- can be heard. your input as to how best to get the ment of faculty interdisciplinary Campaign finance is an equal oppor- message out so that we who are aver- teams who recited the integrated, first- tunity offender. I believe in campaign age citizens who come to this body can year curriculum in science, engineer- finance reform. I do not believe in cam- best run and not be controlled by dol- ing, and mathematics. This innovative paign finance hysteria. lars but still have the opportunity, program has a national impact on un- I am very glad, as we have studied each of us, whatever our backgrounds, dergraduate engineering education and the polls, that the American people are to come to this body and to be able to will likely affect many other levels of likewise. They want to see things that serve you in the way that we should. learning in the engineering field as are wrong corrected, but they do un- The American people have never well. derstand that this hysteria gets to be a given in to hysteria. That is why we The State of Indiana is proud to be little political sometimes. We need to have a body of government that has home to such an extraordinary edu- all look at ways to improve how mon- lasted almost 400 years. I ask that we cational facility. Rose-Hulman has a eys are funded, how the message is got- not give in to hysteria, that we not reputation for excellence, as evidenced ten out, how the media is utilized. And allow the media frenzy and the siege by the fact that 90 percent of its fresh- I would almost say that there needs to upon this Government to take over men return, 75 percent of them grad- be some ordering of how media, the from what we should be doing: dealing uate, and 30 percent go on to graduate electronic media, the print media is with NATO enlargement, national se- school. Its admission standards have utilized so the voting public can under- curity, dealing with the drug drudgery resulted in the average SAT scores of stand who the candidates are and that that is plaguing our society and young Rose-Hulman students being the high- the average man and woman and young people, dealing with children’s health, est of any college or university in the person will have the opportunity to run Medicare and Medicaid, the budget. State of Indiana; 90 percent of its fresh- for public office and in particular a po- Campaign finance reform, let us do it men place in the top 10 percent of their sition in the U.S. Senate or the U.S. with reason and fairness. Let us do it high school graduating classes. House of Representatives. with equality and opportunity for all. The student-to-faculty ratio is 12 to That is what the Founding Fathers, f 1, which is further evidence of the ex- and I hate to say there were no found- ceptional standards and focus on teach- ing mothers, intended. They wanted ON CUBA ing and learning in this institution; 95 the average layman, the farmer, they The SPEAKER pro tempore. Under a percent of the remarkable faculty at wanted the printer, they wanted the previous order of the House, the gentle- Rose-Hulman hold the Ph.D. degree. local philosopher to have the oppor- woman from Florida [Ms. ROS- These and other factors have placed tunity to be in the United States Con- LEHTINEN] is recognized for 5 minutes. Rose-Hulman among our Nation’s fin- gress. That is what I believe is right. Ms. ROS-LEHTINEN. Mr. Speaker, est educational institutions, a model Is there something to having guests tomorrow marks the first anniversary for the Nation and the world in teach- at the White House? Well, I might add of the signing into law of the Cuban ing, research, and service, and a deserv- that many of our early Presidents sim- Liberty and Democratic Solidarity ing recipient of the 1997 Theodore ply opened the doors and said, bring Act, better known as the Helms-Burton Hesburgh Award from the American them off of the streets and let them law. Council on Education. stay here. It is the people’s house. And This historic legislation set a prece- f if there needs to be some corrections dent for the protection of the property made on how it is utilized, so be it. But CAMPAIGN FINANCE REFORM rights of all Americans. It tells foreign do not deny the first family the oppor- investors that if they traffick in ille- The SPEAKER pro tempore. Under a tunity to entertain their guests or gally confiscated American property in previous order of the House, the gentle- maybe to say, come on in, my neighbor Cuba, they will be subject to lawsuits woman from Texas [Ms. JACKSON-LEE] and my friend, to visit. in American courts and may be denied is recognized for 5 minutes. I do support campaign finance re- entry into our country. Ms. JACKSON-LEE of Texas. Mr. form. But I think we are wrong to be As a secondary goal, the law targets Speaker, we have had a very active engaged in hysteria. I think we are the reduction of foreign investments in weekend and likewise very active sev- wrong to suggest that individuals who Cuba which the Castro regime has been eral weeks. The whole issue has been come here are bought and paid for. I using to reinforce its totalitarian state around the horrors and hysteria of think we are wrong to take a litmus since the downfall of the Soviet Union campaign finance reform or campaign test and not really to get to understand and the end of Soviet subsidies. finance offense. Let me first acknowl- the 435 persons in this House and the b edge, Mr. Speaker, that Members of the 100 persons in the Senate and, yes, the 1815 U.S. Congress, from my perspective, President of the United States who On both respects, Mr. Speaker, in come here to work and work on behalf comes here truly committed to doing protecting American property rights of their constituents. They hold near what is right for the citizens of the and in reducing the hard currency ob- and dear the Constitution of the United United States of America. tained by the Castro dictatorship, the H852 CONGRESSIONAL RECORD — HOUSE March 11, 1997 Helms-Burton law has been effective. Moreover, the companies do not have House tonight to say not to weaken, Indeed, it has been a success. to worry about bothersome workers’ not to cave in to the Ambassador, not Despite the decision by the Clinton rights, including the right to form to cave in to interests, trade interests administration to waive title III of the labor unions, and there are no health or other interests, and put them before law, which is the provision that grants standards nor environmental stand- the only interests we, as representa- U.S. citizens the right to file a lawsuit ards. Castro has one mission, obtain tives of the people, should be represent- against those investors who traffic in foreign currency, and he will do it by ing in the people’s House, and that is their property, the Helms-Burton law sacrificing the Cuban worker, or any- the safety of our children, the safety of has had a significant chilling effect on thing else that he has at his disposal. our schools, the safety of our streets the level of foreign investments flow- While Helms-Burton has undoubtedly and the very security of this Nation ing to the Castro regime. served its purpose so far, disappointing that I think is at jeopardy with the Even top officials of the Castro re- has been the reaction of our allies, par- current situation. gime have asserted the damaging ef- ticularly Canada and the European Now, the question before us is wheth- fects of Helms-Burton on Castro’s slave Union. The European Union has al- er Mexico is helping to eradicate and economy. ready filed a ridiculous and irrespon- stop the flow of drugs. Let me talk not Dozens of companies have pulled out sible challenge to Helms-Burton before about what I know, but the facts that of Cuba following the implementation the World Trade Organization. Appar- we have gathered and what others have of the law. Some of them included Bow ently our European friends believe that said. Valley Industries of Canada, Grupo our Nation has no right to determine Mr. Speaker, I serve on the Sub- Vitro of Mexico, Guitart of Spain, and our own foreign policy. committee on National Security, Inter- Pemex of Mexico, among others. Even more shameful has been the be- national Affairs, and Criminal Justice Other firms, like British BAT and that does the oversight on our national Beta Gran Caribe and Heenan Blaey of havior of Canada, a nation that has sacrificed its long reputation of pro- drug policy. Just prior to the certifi- Canada put their operations on hold to cation in the House of Representatives, reassess their commercial and legal moting human rights and democracy in favor of making a quick profit off of I was stunned, as a member of that risks under Helms-Burton. committee, to hear Tom Constantine, Also, Grupo Domos, the large Mexi- stolen property and the exploited the head of our Drug Enforcement Ad- can telecommunications conglomerate, Cuban worker. ministration, the head of DEA, when recently announced plans to withdraw On a recent visit to Canada to lam- he came before us just days before this its offer to create a joint venture with bast the Helms-Burton law, Canadian the Cuban regime to rehabilitate the Foreign Minister Lloyd Axworthy administration certified Mexico. What Cuban domestic telephone system. highlighted the signature of an agree- did he say? Let me quote. ‘‘There is not Grupo Domos, which last year, along ment with the Castro regime support- a single law enforcement institution in with the Cuban Government, an- ing the protection of human rights. At Mexico with whom DEA has a trusting nounced with great fanfare this con- almost the same moment that fake relationship.’’ tract, failed to obtain the necessary fi- document was signed, dozens of dis- Those are his words, not my words, nancing to cover its obligations under sidents and independent journalists words before Congress about who we the agreement. were being rounded up by Castro’s can trust with cooperation. I was Perhaps the most damaging effect thugs. stunned today to hear the Ambassador has been on Castro’s ability to finance Helms-Burton has been a success, and from Mexico tell me that a level of co- Cuba’s sugar crop, one of the regime’s we will not wait in our attempts to operation unprecedented exists. Well, main sources of hard currency. making sure that property rights of how can a level of cooperation exist Last fall the Dutch bank, ING, pulled American citizens will be protected. when the DEA head says that there is not a single law enforcement institu- its financing of equipment destined for f tion in Mexico with whom DEA, our Cuba’s sugar harvest. As a result, the The SPEAKER pro tempore (Mr. Cuban sugar harvest is expected to be chief law enforcement in the drug war, STEARNS). Under a previous order of has a relationship? below what was expected before. the House, the gentleman from Indiana The report states that top Castro of- Assistant Secretary of State Robert [Mr. SOUDER] is recognized for 5 min- ficials fault the Helms-Burton law as Gelbard came before our committee, utes. the cause of the problems for the re- again just days within this certifi- [Mr. SOUDER addressed the House. gime. cation by the administration, and said, Helms-Burton has helped reduce the His remarks will appear hereafter in ‘‘There is persistent and widespread of- growth of Castro’s slave economy, thus the Extensions of Remarks.] ficial corruption throughout Mexico.’’ weakening the regime’s ability to hold f And then today the administration sent folks up here to lobby us not to on to power. MEXICO DOES NOT DESERVE Let us remember that before the decertify Mexico. CERTIFICATION Helms-Burton law took effect, foreign Now, I know trade is important in investors were free to profit from le- The SPEAKER pro tempore. Under a our relationship with Mexico. It is im- gitimate American property stolen by previous order of the House, the gen- portant and there is probably billions Fidel Castro in order to exploit the tleman from Florida [Mr. MICA] is rec- of dollars at stake here. But there are Cuban worker, who enjoys no rights ognized for 5 minutes. the lives of our young people, the safe- and no freedoms. Mr. MICA. Mr. Speaker, I come be- ty of our streets. Our senior citizens Castro’s economy was described by a fore the House tonight to talk about cannot sleep in their own beds at night Canadian business journal as a pot of the question of whether or not the because of fear of being broken in by gold at the end of the rainbow. And House should certify Mexico or decer- someone. why not? In Cuba’s slave economy, the tify Mexico. Just look at the statistics. At least one in which many of our allies will- As my colleagues may know, the ad- 200 tons of cocaine entered the United ingly and immorally participate, Cas- ministration just recently certified States from Mexico last year. That is tro profits while the Cuban worker suf- Mexico as being cooperative in trying 70 percent of the cocaine. This used to fers. to stem the flow of drugs and illegal come through Colombia, now it comes Once foreign companies are approved narcotics from that country under a through Mexico. In testimony before by the regime for investments, the certification law that, as a staffer in our subcommittee it was stated that Cuban Government selects the workers the other body some years ago, I had a just a small amount a few years ago of who will labor in the industry. The chance to help develop. brown heroin came through Mexico. Cuban Government collects the work- Today, we have seen around the Cap- Now, 30 percent of all the heroin that is er’s wages in dollars, estimated at itol, scurrying around the Capitol killing our children and our people is about $2,000 a month, and then pays the Building, the Ambassador from Mexico coming through Mexico. Over 150 tons worker in worthless Cuban pesos, about and various lobbyists on various sides of methamphetamines that are de- $10 a month. of the issue. But I come before the stroying young people in the Midwest March 11, 1997 CONGRESSIONAL RECORD — HOUSE H853 and the West, and heading toward the child in four in the United States is b 1830 East Coast, and has become the new now covered by Medicaid. The percent- A guarantee of quality accessible drug of choice, is coming through Mex- age of children with private insurance health care for every child cannot be ico. reached the lowest level in 8 years: 65.6 the full answer to the question, but we Mexico has failed to cooperate. They percent. must give our children nothing less. have failed to extradite. They have How do we describe the emotion of failed to put radar on their borders. seeing a child suffering a severe asth- f They have failed to allow our DEA ma attack; turning blue while their agents to go there. They have denied chest and stomach attempts to SOCIAL SECURITY allowing our DEA agents to protect breathe? Yet more than half of the un- themselves by arming themselves. insured children with asthma will not The SPEAKER pro tempore [Mr. They have also subverted our attempts see a doctor this year. Some of them STEARNS]. Under a previous order of to have a solid maritime agreement. will die from asthma, a preventable the House, the gentleman from South They have also left vetted units, which disease. Carolina [Mr. SANFORD] is recognized we have trained in Mexico City. How do we describe the cries of a for 5 minutes. They are not doing the job. They do child with an ear infection? Only a par- Mr. SANFORD. Mr. Speaker, I had not deserve our certification, and they ent knows the feeling of helplessness the good fortune this past weekend of deserve this week to be decertified for that comes when you cannot relieve going to the bipartisan retreat in Her- these actions. your child’s pain. Yet one-third of the shey, PA. There we discussed many is- sues, many problems common to the f uninsured children with recurrent ear infections never see a doctor. Many Congress, but one thing that we did not The SPEAKER pro tempore. Under a suffer permanent hearing loss. discuss was a thing called Social Secu- previous order of the House, the gen- Only 75 percent of preschoolers are rity. tleman from Georgia [Mr. KINGSTON] is getting the recommended vaccinations. What is interesting about this issue recognized for 5 minutes. Some 1 million still need one or more is that not only is Congress not talking [Mr. KINGSTON addressed the House, doses. In many of our big cities, like about it right now but the White House His remarks will appear hereafter in Chicago, the immunization rate is less is not talking about it. Yet by any- the Extensions of Remarks.] than 65 percent. body’s definition, Social Security is on f What shall we give our children? its way toward bankruptcy because what the trustees have said, and let me The SPEAKER pro tempore. Under a Twelve percent of child deaths are excess deaths. Excess is the medical say that again, what the trustees have previous order of the House, the gen- said, not what Republicans have said, tleman from California [Mr. term meaning that these deaths were preventable. How can a Nation such as not what Democrats have said, not ROHRABACHER] is recognized for 5 min- what Ross Perot has said, but what the utes. ours accept 12 percent excessive deaths? trustees have said is that if we do noth- [Mr. ROHRABACHER addressed the What shall we give our children? ing, Social Security will go bankrupt House. His remarks will appear here- Almost 45 percent of all 3- and 4-year- in 2029 and it will begin to run deficits after in the Extensions of Remarks.] olds from low-income families partici- in 2012 such that either current bene- f pate in center-based care. By every fits have to be cut by about 14 percent measure of health care status, low at that time or payroll taxes have to be UNITED STATES ONLY ADVANCED birth weight, prematurity, infant mor- raised by about 16 percent. NATION NOT TO PROVIDE tality, likelihood of injury, malnutri- Any of the young folks that I talk to HEALTH CARE FOR ALL ITS PEO- tion, incidence of infectious disease, say, ‘‘I don’t like the idea of payroll PLE poor children fare worse than any oth- taxes going up by another 16 percent.’’ The SPEAKER pro tempore. Under a ers. However, only Head Start rou- Any of the older folks I talk to say, previous order of the House, the gen- tinely provides preventive health and MARK, the idea of cutting benefits by 14 tleman from Illinois [Mr. DAVIS] is rec- dental care treatment. percent is just not acceptable.’’ ognized for 5 minutes. It is estimated that the $54 billion And so what you are struck with is, Mr. DAVIS of Illinois. Mr. Speaker, cut from the safety net last year will is there another way out? I think that today, like every day in America, 788 push more than 1 million additional brings us to some very good news that babies will be born at a low children into poverty and millions there is another way out because what birthweight. They will start life at more will be pushed even deeper into has been tried in a host of places risk. We rank 18th in the industrialized poverty. around the globe, whether it is in a world in the percentage of babies born The poet June Jordan warned us number of countries in South America at dangerously low birth weight. ‘‘Our children will not survive our hab- or whether it is with changes being Let me put it another way: No indus- its of thinking, our failures of the spir- made in Australia or with changes trialized country in the world does it.’’ If all of the promise of democracy being made in Great Britain or in a worse. Our infant mortality rate is 8.4 is to mean anything, if all of the in- number of countries or even States per 1,000 live births. We rank 18th in credible wealth we have accumulated is within our own country, what folks the industrialized world in infant mor- to mean anything, if all of the work, have tried is the idea of personal sav- tality. the struggle, the suffering, the dream- ings accounts. When you switch from a Sometimes it takes a poet to put our ing, the devotion that make this coun- system of sending your money to feelings into words when we hear such try what it is today is to mean any- Washington and then hoping it comes statistics. Gwendolyn Brooks, poet lau- thing, then we must answer the ques- back 30 or 40 years later to instead a reate of Illinois, penned this question: tion: ‘‘What shall we give our chil- series of personal savings accounts, ‘‘What shall I give my children who are dren?’’ wherein it is a public-private partner- poor, who are judged the least wise of Let us give them a chance. Let us at ship, it is still a mandatory savings, it the land?’’ least make their health a right and not is still watched by the Government. Mr. Speaker, we keep asking the a privilege. Let us make sure that in Again, if one wants to, I guess, go gam- question, ‘‘What shall we give our chil- this Congress every child will have ac- bling, you would go to Las Vegas, you dren?’’ We are the only advanced Na- cess to quality health care when he or would not use these accounts, so it is tion in the world that does not provide she is sick, regardless of the ability of controlled, but by having money in health care for all of its people. their parents to pay. Let us make sure your own personal savings accounts, a According to the GAO, some 10 mil- that every mother receives prenatal number of very good things seem to lion children, 1 in 7 in the United care regardless of ability to pay. Let us happen. One is that you save Social Se- States, are uninsured, the highest level make sure that every child receives curity because again by the trustees’ since 1987, before Medicaid expansions preventive care regardless of the abil- own numbers, the current rate of re- for children and pregnant women. One ity of their parents to pay. turn for most people out there working H854 CONGRESSIONAL RECORD — HOUSE March 11, 1997 today and paying into Social Security Again what we need to begin talking thing about the growing number of is 1.9 percent. If you let somebody earn about is a way of transitioning from children who do not have any kind of more than 1.9 percent on their retire- Social Security and leaving seniors health coverage at all. ment savings, then consequently they alone. I do not think we should ever With respect to stories in the news- end up with more at the end of the day yank the rug out from underneath sen- papers, and they continue to grow, in and can retire with more, again have iors, but again transitioning to a sys- yesterday’s USA Today there was a more each month day in and day out in tem that would allow young people the lead story on the front page which real- their retirement years which is what I choice. ly did a very good job of outlining the hear from most people working today f problem with the 10 million kids in the as something that they would very country that lack health insurance. HEALTH INSURANCE FOR much like. The article talks about various propos- Another benefit that I think is worth CHILDREN als floating around the Congress that mentioning is that you can choose for The SPEAKER pro tempore. Under address the problem. It provides many you when you want to retire. In my the Speaker’s announced policy of Jan- details about the nature of the prob- home State of South Carolina, we have uary 7, 1997, the gentleman from New lem, including the observation that 86 a fellow by the name of STROM THUR- Jersey [Mr. PALLONE] is recognized for percent of uninsured children live in MOND who wants to work until he is 60 minutes as the designee of the mi- families with one working parent, 63 100. I say go for it. Yet I have got a lot nority leader. percent live in two-parent families, of other friends who say, ‘‘You know, Mr. PALLONE. Mr. Speaker, for sev- 500,000 of the uninsured are infants work is fine, MARK, but fishing is even eral weeks now I have been coming to younger than 1 year old, and 65 percent better. I would like to retire when I’m the House floor on a daily basis to talk live in families with annual incomes of 50.’’ about the need for this Congress to $25,000 or less. A lot of interesting in- With a personal savings account, you enact legislation that would ensure formation here that shows increasingly could do that. Why should a Congress- every child in the country has access that this is a problem that affects pri- man or a Senator or a bureaucrat in to health insurance. Many of my state- marily working families, two-parent Washington choose for you when you ments have focused on how the Repub- families, people whose incomes are not want to retire? Yet with a pay-as-you- licans were blocking progress on the as low as one might expect. go system, that has to happen, because various Democratic proposals to pro- Another disturbing trend noted in for one person to retire early while the vide health insurance to the Nation’s this article and others within the last other person was working would mean 10 million uninsured children. I stress few weeks is the decline in employer- one person subsidizing the other and that again, 10 million uninsured chil- based coverage. Between 1985 and 1995 that could not happen. dren in this country. the percentage of children covered by Or, for that matter, another benefit, It is now 3 months into the 105th private employer-based coverage has I think, of personal savings accounts Congress and literally we have really dropped 12 percent, from 65 percent to would be moving it off the political barely done a thing. Today was just an- 53 percent. This decline in worker- playing field. Right now seniors very other indication of that. Just last based coverage is an indication that intently listen to all those political ads week, the House Republicans basically working parents are finding it increas- as one politician points his finger at put together an agenda. It appeared in ingly more difficult to purchase insur- the other saying what the other one is the Washington Times, and I talked ance for their children. going to do with his Social Security about it a little bit this morning. I think a lot of people increasingly, check for good reason and, that is, Again, much of this agenda is just a re- or many people think that if you are Washington controls it. If you move hash of what the Republicans had been working, particularly if both parents that control out of Washington again talking about since they took control are working, that they are going to be back to the individual, you would not of the Congress back in 1994. covered through their employer by a have to listen to those ads. Most importantly, nowhere in this health insurance policy for the kids. Another great benefit again of per- 12-point agenda is there a plan to pass Increasingly, that is simply not the sonal savings accounts. Let me stress a health insurance plan or a health case. here, what we are talking about is a coverage plan for children. Despite the The article in USA Today also pro- voluntary program. I do not believe fact that these 10 million children re- vides examples of those struggling to that you should go out and yank the main uninsured, despite the fact that live without health coverage for their rug out from underneath seniors. What the congressional Democrats have ex- kids. I like to use examples because, as we are talking about is leaving Social pressed a willingness to work with the much as we talk about statistics, it is Security the way it is for people that Republicans to fashion a bipartisan always better to have specific examples are retired and simply giving people agreement, the GOP still could not find where you can bring the problem down the choice. If one wants to stay on ex- it in its heart to make children’s and show how it affects an individual. isting Social Security, do that and if health insurance a congressional prior- I wanted to mention in the USA you do not, that is fine, too. But by ity. Today article a person named Dee doing that, another one of the benefits I do not know why they left this out Sweat of Liberty, MT. She works at a would be saving more. We have a very of their agenda. I find it truly disturb- salary of $14,000 a year. She does not low savings rate in this country. It is ing. I will continue to mention it. Over have health insurance for her 15-year- around 3 percent. In China it is around the last several weeks there has been a old daughter. Paying out of pocket, in 40 percent. In Singapore it is in the mid steady stream of studies, visits by chil- the last year she paid $1,700 or 12 per- 30’s. In Chile it is about 30 percent. It dren’s organizations, and media reports cent of her yearly salary for medical is actually about 29 percent. A host of detailing the problem with the lack of treatment for her daughter. She has places around the globe have higher health insurance coverage for children. not been able to take her daughter to savings rates which means that they Yet, still nothing from the Republican the dentist for 5 years. Five years with- can invest more in, whether it is a leadership. out going to the dentist. I repeat that. chain saw or whether it is a plant that This week we had 4 different chil- She simply cannot afford health insur- makes American workers more produc- dren’s organizations, the March of ance. I wonder how many in this body tive, and that is something that we Dimes, the Children’s Defense Fund, have gone 5 years or would even con- need to be cognizant of and watch out the Child Welfare League, and the Na- template letting their children go 5 for. tional Association of Children’s Hos- years without going to the dentist. Again, this is not anything that is pitals, had been and are still making The working parents that are men- going to happen anytime soon in Con- visits to congressional offices all over tioned in this USA Today article, who gress. It is not even being talked about the Capitol. They are not limiting oftentimes earn too much money to in Congress. But I think for us to avoid their visits to Democratic officials. qualify for Medicaid but not enough to the avalanche that is coming our way, They have, Mr. Speaker, been urging afford health insurance for the kids, we need to begin talking about it. all Members of Congress to do some- are the individuals the Democrats are March 11, 1997 CONGRESSIONAL RECORD — HOUSE H855 essentially trying to help. If you and b 1845 own rather than through an employer, your children qualify for Medicaid, we Well, I think it is important when I and, as many cannot afford these costs, will work to get you enrolled. For continue to talk about the problem of the children go uninsured. those who do not, we will continue our Nation’s children, or 10 million of So if a parent is not able to tap into working to convince the Republicans them not being insured, that I have to a health insurance policy for their kids that the time to act is now. basically say what we would do about through their employer, you can see Every day that goes by is a day that it; what would be the outlines, if you the level of a premium up to $6,000 a another parent stays up late at night will, of a children’s health bill. And ba- year or more and why that would sim- suffering through the hard reality of sically if you think about the basic ply be unaffordable for somebody un- not being able to provide for a sick principles the Democrats have been less they are making a very large sal- child. As a parent myself, Mr. Speaker, talking about, we have been saying ary. I can think of few things that could be that a children’s health proposal must Why is it crucial to help working par- more difficult to confront. first make health insurance available ents buy health insurance for their In the coming weeks, Democrats will for every uninsured child up to at least children? And again this gets into the be redoubling their effort to jump-start age 18; second, make insurance gen- whole issue of prevention and how pro- this process. We have asked Speaker erally affordable for all families; third, viding health insurance for kids in the GINGRICH for a date certain for consid- give all uninsured children access to long run would be saving the govern- eration of legislation that would en- policies that provide for the range of ment money. sure that every child in America has appropriate benefits; fourth, provide Uninsured children are at risk of pre- health insurance. for prenatal care for uninsured preg- ventable illness. Most families with un- insured children live from paycheck to I just wanted to talk a little bit nant women; and, last, build on, not re- paycheck with little room to spare in about the issue and about what I think place, the current employer-based sys- the family budget. Many such families should be the basic principles of a kids’ tem, Medicaid and public private pro- must choose between paying the full health insurance proposal. As far as grams that already exist in a number costs of prescriptions or doctor visits the issue is concerned, the figure of 10 of States. for an uninsured child and other basic million American children has been The Children’s Defense Fund has family needs, including food and util- mentioned several times. The number done an excellent job of putting to- ity bills. So they are sitting there in of kids with no health insurance cov- gether a fact sheet that basically gives the house deciding if they are going to erage reached an all-time high of this some further details about the nature pay for health insurance versus the 10 million figure in 1994, according to a of the problem, and I do not want to rent versus utilities versus putting recent General Accounting Office re- read the entire fact sheet, but I just food on the table. Essentially it is a port, and that is one out of seven chil- wanted to highlight some of the things game of Russian roulette with their dren. that they brought out because they have been going around visiting with children’s health, delaying care and Again, the problem is getting worse. Members of Congress this week, as I hoping that no harm results. According to the Children’s Defense mentioned before, and I think they ba- Again some information about the Fund, 3,300 kids get dropped from pri- sically summarized the nature of the children with untreated health prob- vate health insurance coverage every problem very well. lems. They are very much less likely to day. If this trend continues, there will What they have been saying again is learn in school. Many children with be 12.6 million uninsured children by the fact that Medicaid helps the poor- undiagnosed vision problems do not get 2000. est children, but that millions of work- glasses and cannot even see the black- Again, this is a problem of working ing parents in the middle cannot pro- board. Children in pain or discomfort families. Nine out of 10 children with- vide their children with health insur- may have trouble concentrating. I out insurance have working parents. ance. guess that is obvious. If lead paint poi- Medicaid helps the poorest children, Again, why are these 10 million chil- soning is not detected and treated and families who are well off can afford dren uninsured? Because a lot of people early, children can suffer permanent private coverage. But millions of work- are saying to themselves, you know, mental retardation. Certainly the Fed- ing parents are trapped in the middle, how is it that they fall through the eral Government has addressed the unable to afford health insurance for cracks? Why are they uninsured? And issue of lead poisoning from paint and their kids. Again, many of these par- what we are finding is that increas- its impact on children, but again with- ents, I am sure, are staying awake at ingly, again, it is the problem of work- out health insurance, without regular night worrying about what would hap- ing parents. checkups, it will not be detected. pen if their child fell seriously ill. Since 1989, the number of children And finally taxpayers save money Also, what we really need is prevent- without private coverage has grown by when their children receive early pre- ative care. It may be that when a child an average of 1.2 million a year. In 1980, ventive care. Each dollar invested to gets very sick, that they can go to the the majority of employees at medium immunize a child saves between $3.40 emergency room and have access to and large companies had employers and $16.34 in direct medical costs. Nine care. But children deserve to see fam- who paid the full costs of family cov- months of prenatal care costs $1,100. ily doctors and not go to the emer- erage. By 1993, more than three-fourths One day of neonatal intensive hospital gency room. Many children without of these employees were required to care for a low birth weight baby costs health insurance never see a family help pay such costs. Most employers $1,000. On average hospital costs for a doctor. The only time they get health now require large payments for family low birth weight baby are 10 times the care is when they are so sick that they coverage. For health insurance that cost of prenatal care. need to be taken to the emergency covers the entire family the average Just an example, and again this is room, where they often get treated for employee must pay over $1,600 a year, from the Children’s Defense Fund, medical conditions that could have $1,900 in small companies. And when when one rural county in Florida pro- been prevented through regular care at families cannot pay these costs, basi- vided all children and pregnant women much less cost. cally their children go uninsured. access to outpatient health care, the For those who talk about the cost, I Other parents work for employers who rate of premature births dropped by 39 think they have to continue and should offer no health coverage. Self-em- percent, the percentage of children re- realize that in the long run the lack of ployed, part-time or temporary work- ceiving checkups doubled, and emer- preventative care, the lack of having a ers, independent contractors and par- gency room visits were cut by nearly 50 child being able to visit a doctor on a ents working for very small businesses percent. In every industrialized coun- regular basis, in the long run only or service sector companies often have try children get better health coverage costs more when the child gets sick employers who offer no health insur- than in America in terms of the per- and has to have more serious care that ance. Parents also must pay very high centages that are actually covered. involves hospitalization or other kinds prices, $6,000 a year or more, if they Every other industrialized country pro- of institutionalization. buy family health insurance on their vides health coverage to all its people. H856 CONGRESSIONAL RECORD — HOUSE March 11, 1997 America does not even cover all its Congressman from Minnesota, and urge Government, and we want there to be children. The United States ranks the President to work with us using some checks and balances, but what eighteenth in overall infant mortality. the same economic assumptions, meet- they also said is they want us to work Only Portugal does worse. If the United ing the requests made by the Congress together as much as we possibly can. States matched Japan’s infant mortal- following the number of elections and And one of the valuable things, I ity rate, more than 15,000 American ba- producing a budget that responsibly think, that came out of Hershey is we bies who died before their first birth- balances our budget by the year 2002. now, all of us who were there at least, day in 1994 would be alive. And the Once we can see where the President’s have a little better understanding of a United States ranks eighteenth in the priorities are in the free market of a sense of history, and if you look at this percentage of babies born at dan- balanced bucket then we can begin a institution, the House of Representa- gerously low weight. No industrialized civil debate over the policy differences tives, there have been some rather country does worse than that. among the various proposals. bloody fights on this House floor. I Now again I do not want to keep I just want to say at the outset that mean there have been Members who coming up here and giving horror sto- my feelings are that having talked to have been caned, there have been fist ries and talking about all the problems Republicans and Democrats alike this fights, there have been arguments—— that we face because of the fact that past weekend, our issues of balancing Mr. FOX of Pennsylvania. The caning was in the Senate, the fist fights were the 10 million kids are not covered. But the budget, campaign finance reform, working on things like FDA reform, in the House. I think that the magnitude of this Mr. GUTKNECHT. But we have had improving our transportation and problem is such that if we do not do more than our share of fisticuffs that working on other issues of common something quickly and if this House were associated with the debate here and this Congress does not address the concern throughout the Congress cer- on the floor. We have also had periods problem fairly quickly, the problem tainly can be accomplished because the where there was consensus building, only gets worse, the costs only get bipartisan spirit that I felt and the cooperation, and much more agreement greater, and from a humane point of finding the common ground, I think, and ability to work together in a civ- view it simply is something that we was very special. ilized way. need to address, and so myself and You know for many of us, who may b other Democrats will be here on a regu- be one party or the other, we do not 1900 lar basis tomorrow, the next few weeks meet other Members of the aisle, the I think what will happen as a result or the next few months until our Re- opposite Members of the aisle, unless of what we saw in Hershey is hopefully publican colleagues on the other side of we are on their committee or we come both sides will begin to reach out to the aisle agree to take this up in a from their State. This particular re- the other side. I think in the end what timely fashion. treat gave us for the first time in a we really need to do is agree where we f long time a chance for us to meet on a can agree, have honest debate where we personal level other Members who we disagree. And I think the American REPORT ON RESOLUTION PROVID- do not serve within the same commit- people expect that, but I think they ING FOR CONSIDERATION OF tee or from the same State, and by also expect us to compromise where we HOUSE RESOLUTION 89, RE- that we are able to at least find com- can. QUESTING THE PRESIDENT SUB- mon ground, and while we do not want Mr. Speaker, I would hope that over MIT A BALANCED BUDGET anybody to give up their principles, we the next several months and over the Mr. SOLOMON, from the Committee do not want anybody to give up their balance of this 105th Congress we will on Rules, submitted a privileged report agenda, we do want to make sure that see more civilized debate. There has (Rept. No. 105–18) on the resolution (H. we, as Members of Congress, will al- been entirely too much trivializing, too Res. 90) providing for consideration of ways remain civil, Mr. Speaker, and to much demonizing, too much personaliz- the resolution (H. Res. 89) requesting make sure that we can do more and be ing the debate that occurs on the floor the President to submit a budget for more productive because we give the of this House. We are going to have an honest dis- fiscal year 1998 that would balance the mutual respect they each deserve. cussion tonight about the budget. We Federal budget by fiscal year 2002 with- I wanted to ask CONGRESSMAN obviously have a somewhat different out relying on budgetary contin- GUTKNECHT, who was an active partici- view of the President’s budget and the gencies, which was referred to the pant at the conference, what his im- need to balance the budget perhaps pressions were before we get into the House Calendar and ordered to be than some of our colleagues. I brought issues of balanced budget and other printed. with me some charts, and I am going to f items that are on your agenda, and I walk down there in a few minutes, and know how active you have been on A POSITIVE AGENDA FOR THE we are going to talk about what the your committee work, GIL. Could you 105TH CONGRESS President has proposed, what we might tell a little bit of what your impres- dispose. But I think most importantly The SPEAKER pro tempore. Under sions were of the retreat and whether we need to talk about, what does this the Speaker’s announced policy of Jan- you thought it succeeded in achieving mean to the average American family? uary 7, 1997, the gentleman from Penn- the goals that it set out to begin with. What is this balancing the budget all sylvania [Mr. FOX] is recognized for 60 Mr. GUTKNECHT. Well, I would have about? Is it just some kind of an ac- minutes as the designee of the major- to say it this way, that I was one of counting exercise, or does it really ul- ity leader. those who was not all that eager to go timately impact real families and real Mr. FOX of Pennsylvania. Mr. Speak- along, and it was guilt that got me to Americans in homes and in the neigh- er, I thank you for the time for us to go to Hershey, PA. It may have been borhoods where they live? have this special order to speak not the chocolate that kept me there after Mr. Speaker, I think as we go only of the importance of moving the first several hours. But I must tell through and talk a little bit about this, ahead with a positive agenda for the you as the weekend went along it was I think we can demonstrate that this 105th Congress, but also I rise today in a very valuable experience, not only for really does have a dramatic impact not the spirit of the Hershey accords, the me, but I hope for my colleagues and, only on Americans today but, more im- achievements of our recent weekend in most importantly, I think, for the portantly, on Americans in the future. Hershey, PA, to join my colleagues in American people. We have some very serious problems, offering this special order. Probably I think that the American people but I think, if we approach them in a the most important bipartisan issue we sent us sort of a message in the last cooperative relationship, a respectful can address for the citizens of this congressional elections. What they said relationship where we can have a civil country is the balancing of the Federal in effect was that we want the Repub- and honest debate about the great is- budget. licans to continue to control the House sues facing our country today, then I I rise here today and will be joined by of Representatives and the Senate, but think both the Congress and the Amer- several of my distinguished colleagues, we want President Clinton, the Demo- ican people will have been well served not least of which is GIL GUTKNECHT, a crat, to run the executive branch of by what transpired up in Hershey, PA. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H857 I would just say publicly for the ben- be respected as well. So one of the out- budget, we all have to be speaking the efit of those who may be watching back comes that I think are going to hap- same language. So one of the things I in Pennsylvania, I know we cannot pen, we are going to find Members vis- think we need to get in agreement with refer to them, but I would like to iting in those other regions. So while I the White House on over the next cou- thank them and all the folks from am talking about how important mass ple of weeks is what are the assump- Pennsylvania for everything that they transit is to the East so we do not have tions we are going to use. put into the weekend, because they mass gridlock, overloading the road- One of the things we could do, and I really did a wonderful job and showed ways and increasing pollution and try- learned this when I was in the State us tremendous hospitality. It was a ing to help us get more trains and legislature and served on the Pension beautiful setting, wonderful people. I those initiatives, I can understand the Commission, is that assumptions are think I gained about 4 pounds in 3 days, Midwest having some interest in agri- everything. If we assume an economic but it was just fantastic. culture programs, and over in the Pa- growth rate, for example, of 3.5 percent I would also just share one more cific Northwest and some of their envi- over the next 5 years, frankly you do thing that relates to Pennsylvania. I ronmental concerns. not have to make much in terms of reminded some of the folks who were in So we need to have this shared vision budget changes in terms of the spend- my group, and I intend to do a 1- for America where we all come to- ing side, because the economic growth minute tomorrow morning and talk gether and work as well as we can. will solve it. If we assume a very low about, among other things, one of the Mr. Speaker, I think in looking at interest rate, it has a dramatic impact things that Benjamin Franklin said. the balanced budget, in starting that on the deficit. As a matter of fact, we During the Continental Congress, there discussion tonight, I think that is were told by the Congressional Budget were some rather bitter and vicious de- something that the Republicans and Office in the Committee on the Budget bates that took place on the floor of Democrats need to work on. The Clin- a couple of weeks ago that, if interest those meetings. And after several days ton budget, I might say at the outset, rates change by one-quarter of 1 per- of very bitter rancor, debate going on leaves a deficit of $70 billion in 2002, cent, either up or down, it changes the in the Continental Congress, one morn- and it also, according to the Joint deficit by $50 billion over the next 5 ing Benjamin Franklin of Pennsylvania Committee on Taxation, is going to in- years. rose slowly at the back of the House crease taxes by $23 billion by 2002. So one of the things we want to do is Chambers and he said, ‘‘Let us for a Mr. Speaker, I am interested in hear- hopefully get the White House and the moment, Mr. Speaker, contemplate our ing the analysis of the gentleman from Congress to at least be using the same own fallibility.’’ Minnesota [Mr. GUTKNECHT] of the assumptions so that we are speaking Mr. Speaker, one of the things that Clinton budget as a starting point for the same language. As I say, then we we discussed in some of our sessions in this House to move on. And I hope that can have a civil and honest debate Hershey was that there are two things we will have the gentleman from New about which items we are going to in- that I think we need more of in this Jersey [Mr. SAXTON] join us, who is the crease and which ones we are going to body. One is a little more humility, chairman of the Joint Economic Com- reduce. and second is a little more humor. mittee, and I would hope that he could I yield to the gentleman from New Hopefully, we can bring that about in join us as well. Jersey. the coming days and weeks of this de- Mr. Speaker, if the gentleman from Mr. SAXTON. Mr. Speaker, I thank bate. Minnesota could start us on his outline the gentleman for yielding. First let Tonight we want to talk about the of the Clinton budget, I know it would me commend the gentleman from budget, what it means to average be a good starting point for tonight’s Pennsylvania [Mr. FOX] and the gen- Americans; talk a little bit about why discussion. tleman from Minnesota [Mr. the President’s budget leaves a little to Mr. GUTKNECHT. Mr. Speaker, I GUTKNECHT] for sponsoring this discus- be desired. It is a starting point but thank the gentleman. As I said earlier, sion tonight. If I may just ask the gen- something we have to work on with our we need to have an honest debate about tleman’s explanation of deficit in the colleagues here in the Congress and the numbers. Before we can have an Clinton budget. with the folks down at 1600 Pennsylva- honest and civil debate about the budg- The gentleman mentioned the scor- nia Avenue. I am going to move down et, we have to be speaking the same ing that takes place by two different here and turn it back to the gentleman language. We cannot have a debate agencies, the CBO and OMB. In spite of from Pennsylvania [Mr. FOX]. where I am speaking in German and the fact that they do different scoring, Mr. FOX of Pennsylvania. Mr. Speak- someone else is speaking in French and they both agree, do they not, that the er, I wanted to mention that for a first someone else is speaking in another deficit goes up initially and then falls bipartisan conference in Hershey I was language altogether. ever so slightly during the 1998–99 time very pleased to see 220 Members, both One of the problems we have in terms frame, and then during the last 2 years sides of the aisle being there. I think of our debate about the budget is we of the 5-year plan, the President’s 5- that augurs well for the future, when tend to be speaking in Congressional year plan, the deficit reduction that the next event I hope that we will have Budget Office terms, and the President takes place is about 70 percent of the three-quarters, if not seven-eighths of this year is speaking in terms of the total deficit reduction that takes place the House present. Not only was Office of Management and Budget. during the whole plan. So we are essen- Speaker GINGRICH there, but a Demo- They take different assumptions. tially, under this proposal, pushing cratic leader, minority leader, RICHARD Right now the Congressional Budget most of the deficit reduction off until GEPHARDT was there, which shows that Office has gone through the budget after the year 2000, when we then prom- this was a bipartisan effort. Those who that the President submitted, and what ise the American people we will get to came to the bipartisan conference cer- they have told us is that actually total it. Is that fair to say under both sets of tainly left with the idea that we are deficit goes up under the President’s scoring? going to do our part to raise the level plan in the first couple of years and Mr. GUTKNECHT. Mr. Speaker, of civility and professionalism and to then begins to come down; but even in under both sets of scoring, and I think make sure that we try to find a com- the last year of the President’s budget, that is an accurate point, both the mon ground without giving up prin- the year 2002, he is still about $69 bil- Congressional Budget Office and OMB ciples and without giving up important lion short. acknowledge that in the first year, and items on our agenda, not only in our Now, we do not really want to have a this is really the only budget that State, but in our country. debate about the Congressional Budget counts for this Congress, is the budget Mr. Speaker, one other item I think Office, who is more accurate, the CBO we are going to debate for fiscal year I should mention, a very important or the OMB or whomever, because I 1998, both would agree that the deficit thing, is we found out that we have dif- think sometimes the American people actually goes up this year, which in the ferent regional needs. The Midwest has do not understand that. But what I view of some of us is a step in the needs that the South does not need, hope they will understand is that, be- wrong direction, because we have been and the South has needs that need to fore we can have a debate about the moving in the right direction. Partly, H858 CONGRESSIONAL RECORD — HOUSE March 11, 1997 and let us give some credit, we want to of work and has been speaking out With those tax increases, he will give credit to the White House and to about fiscal responsibility when he ran make it harder for American families the economy and other things, but part for the office and in his early weeks to pull one end close enough to meet of it is that the 104th Congress did here as a Congressman has displayed the other. He barters our children’s fu- confront some of those spending issues. that kind of fiscal responsibility. I ture with tax increases and false prom- Mr. Speaker, we did make some real would like to call on Congressman ises of a balanced budget, ironically reductions in discretionary domestic COOK now, if he could give us some of while claiming to build a bridge to that spending, and it is showing some im- his thoughts on this issue and just future. pact. The deficit now is about half of where we should be going in this 105th The Democrats’ success in defeating what it was when Congressman FOX Congress on the balanced budget. the balanced budget amendment in the and I first came to Washington. As a Mr. COOK. Mr. Speaker, I really ap- Senate was a disappointment to many, matter of fact, it is less than half of preciate this opportunity to speak many of us and, I think, to the Amer- what it was when we first came to briefly on a subject that is very dear to ican people who hoped this year would Washington. me. As a longtime advocate of a bal- finally be the year when Congress made I would point out this other chart. anced budget and tax reform, I am not that tough decision. We must keep This again is according to the Congres- really happy about President Clinton’s faith with those Americans who must sional Budget Office, which is the offi- proposed 1998 budget. I think in many balance their own budgets and right- cial scorekeeper for the House and the ways this budget is a mockery of the fully expect Congress to do likewise. Senate, that the deficit will be about American people’s desire for a balanced We cannot approve yet another White $69 billion in the year 2002. budget and responsible spending in House tax-and-spend budget. If Presi- To get to the other point that the Washington. dent Clinton does not have the courage gentleman from New Jersey [Mr. President Clinton promised us a plan to begin whittling Federal spending SAXTON] made, 98 percent of the deficit that would balance the budget by 2002. down, I think while he is around to reduction comes in the last 2 years of However, as my colleagues have been take some of the heat himself, we do the President’s budget plan. That is saying, the Congressional Budget Of- have that courage. We made an agree- one of the concerns we have that is en- fice reports that Clinton’s budget ment, I think, with the American peo- tirely too heavily what we call would have a deficit of $69 billion in ple, an agreement that included fiscal backend-loaded. Actually, according to 2002. Under the President’s spending prudence and meaningful tax relief. the CBO, the increase in the deficit will plan, the budget deficit would even The idealism and confidence of those be about $24 billion more than it would drop to last year’s level of $107 billion promises are the reasons I wanted to have been if this Congress did nothing. until 2000. Between now and then, the come to Washington. I was proud to Mr. SAXTON. Mr. Speaker, it just deficit would balloon, to allow the come back here this year and stand seems to me, and this chart points it President to increase aid to foreign with those who in 1994 promised a bet- out even more clearly, I said that 70 countries and pad our welfare program, ter way. We have had a rough few years percent of the reduction takes place in six new entitlement programs. And he with the White House fighting every the last weeks of the last 2 years, and would increase welfare spending alone inch of progress in keeping our word to my colleague is saying that virtually by $21 billion over the next 5 years. the American people. Some who have President Clinton is proposing a all of the deficit reduction under the stood for this have lost their bids for budget that carries tax-and-spend ways President’s plan, 98 percent, takes reelection along the way. place during the last 2 years. It would through, I believe, the rest of his ad- But keeping our word is not about seem to me that, if we are going to be ministration, leaving the bulk of his our own political careers. It is not serious about deficit reduction and get- own deficit reductions for another about popularity in the polls. It is ting to a balanced budget, that we President to implement. Play now, pay about restoring integrity to govern- later. ought to start in earnest right away to ment. It is about once again deserving The American people expect better of make a serious step down of the deficit the trust of the American people. their President. This splurge now, Mr. SAXTON. If the gentleman will to take place beginning in 1998 and not starve later tactic, I think, is an of- yield on the one point that he made on waiting until the year 2000. Would my fense to our people who are really look- his mention of taxes, I think it is very colleague agree with that analysis? ing hopefully to Washington for the fis- Mr. GUTKNECHT. If the gentleman important to point this out, and I cal responsibility they yearn for from would yield back, that is one of the de- think the gentleman is right on, rel- their leaders. bates that we have had, and over the I am a strong supporter of tax reform ative to this issue, when we talk about last couple of years Congresses have and tax relief for struggling American balancing the budget. There are un- used what we called a manana budget. families. As a longtime proponent of doubtedly some in this Chamber, as ap- It is real easy to cut the budget after tax reform, I really question the Presi- parently the President is, apparently we leave office. So what we are really dent’s claim that he too wants to help at least partly in favor of tax increases concentrating on is what can we do in working American families when he to try to move toward a balanced budg- fiscal year 1998 to put us on a path to- heaps $23 billion in proposed permanent et. ward a balanced budget. tax increases on those families. I think it is a very foolish course to Mr. FOX of Pennsylvania. Mr. Speak- follow, because history shows that er, I think it is very clear that your b 1915 every time Congress has increased leadership and the leadership of Con- His promise of the family-friendly taxes, Congress has also seen fit to in- gressman SAXTON is needed to move us tax cut, the $500 per child tax cut, crease spending by $1.59 for every dol- forward to have a balanced budget. I would only be good for the next 3 years lar we have increased taxes. So in spite know that Congressman SAXTON is the if the economy does not perform the of the fact that we had tax increases in chairman of the Joint Economic Com- way he hopes it will. The much-touted 1990 and tax increases in 1993, in both mittee and has been trying to work to education tax credit would only apply cases, in a stated attempt to balance make sure we get that balanced budg- to families with children in college the budget, in both cases the deficit et, because by doing that, we reduce during the next 3 years on the same got worse. There are reasons for that the interest cost, whether it is for car basis. that I will not go into, but they had to loans, for mortgages, for student loans, President Clinton offers his tax do with the way the economy performs all of the items in life where we can breaks that last only while he is when we raise taxes and the way it per- make a cost difference for families around to take credit. Conveniently, forms in a positive way when taxes are back in our districts. That is what it is his tax increases, too, do not start reduced. all about. until after he leaves office, but unlike I happen to favor a version of the bal- Mr. Speaker, I would like to at this the tax breaks, they are very perma- anced budget amendment which cre- time to include with our discussion to- nent. Indeed, his proposed legacy of $23 ates a supermajority provision to raise night the gentleman from Utah [Mr. billion in tax increases will linger, I taxes. In other words, if we as an insti- COOK], who has been doing a great deal am afraid, decades after he is gone. tution decide that it might be a good March 11, 1997 CONGRESSIONAL RECORD — HOUSE H859 idea to raise taxes instead of cutting here to act, I am here to vote. I am part of the plan would be to increase spending to balance the budget, then here to do what the people of the 12th the deficit by $24 billion this year, and we ought to do it, in my view, with a District in central New Jersey sent me ultimately wind up with a 5-year plan, supermajority two-thirds vote. to do, to see a balanced budget within and that according to our official It makes imminently common sense our lifetime. I am absolutely commit- scorekeepers, the Congressional Budget to me, because history has shown that ted to do that. Office, that would actually leave us over and over and over again, this in- I am disappointed, yet at the same with a $69 billion deficit in the year stitution and the President have cho- time I am hopeful, because at least now 2002, my sense is that the voters would sen to try to control the deficit by in- within the administration there is at have been incensed. They would have creasing taxes. It has not worked. We least agreement that we need to bal- said no way. need to recognize that. The super- ance our budget. That is tremendous I want to point out, this is one more majority provision in the balanced progress from what we may have seen chart that describes what we are talk- budget amendment seems to me to be many, many years ago, where there ing about. In some respects it is like a one safeguard against the Congress was even a difference of agreement person who says I am going to go on a falling into that trap yet again. with regard to that. diet. I am going to lose 50 pounds. But Mr. FOX of Pennsylvania. Mr. Speak- So I am here to literally roll up my first I am going to gain 10 pounds. I er, I have to agree with the comments sleeves, to make the tough decisions will actually do most of the weight loss made by the gentleman from New Jer- now, over the next year or two, at least program in the last week of this plan of sey [Mr. SAXTON] and the gentleman within this term while I am serving the the diet. from Utah [Mr. COOK]. They are very people of my district. Back home in That is crazy. That is not the way poignant regarding the importance of New Jersey our State government, our the world works. That is not the way balancing the budget. county, our municipal governments, human beings work. Frankly, we know Mr. Speaker, I would yield back the our school districts, each are required that is probably not going to happen. balance of my time and ask the Speak- by our Constitution to have a balanced At least we have a start. er to consider making the Speaker’s budget. I think it works very well for I want to point out some other designee the gentleman from Wisconsin the people that I represent. things. I want to get the gentleman from New Jersey [Mr. SAXTON] back in- [Mr. GUTKNECHT] There are those I have even heard volved in the discussion as well. Today f that have said, at least in New Jersey, those that have opposed the concept the Secretary of the Treasury, Mr. BALANCING THE BUDGET and voted against balancing the budg- Rubin, came and testified before the The SPEAKER pro tempore. Under et, they have said that when they were Committee on the Budget. I wrote the Speaker’s announced policy of Jan- a local official in their community down some quotes of things that he uary 7, 1997, the gentleman from Min- that they balanced their budget. They said. I agreed with much of what he nesota [Mr. GUTKNECHT] is recognized did not add that the Constitution re- said today. I did not agree with his for the remainder of the 60 minutes as quires them to balance their budget, analysis, I did not agree with his final the designee of the majority leader. and if that requirement was not in ex- budget plan, but at least there were a Mr. GUTKNECHT. Mr. Speaker, I istence, I have to wonder and we all number of points that he did say that I really agree with. yield to my colleague, the gentleman would have to wonder whether that One of them, he said, was that we from the great State of New Jersey would be the reality. have an historic opportunity. I think [MIKE PAPPAS] who has joined the dis- So I am here just to add my voice to that is absolutely true. One of the un- cussion tonight to talk a little bit the chorus here on both sides of this fortunate things, and the gentleman about the budget and balancing the aisle that wants to see this budget bal- from New Jersey used the term ‘‘dis- budget and from his perspective as a anced. I want to, as I said earlier, roll appointing,’’ and I think disappoint- new Member of this body. We welcome up my sleeves, make the very, very ment is the right term. For the first him to this special order tonight and tough decisions that each of the people time in a very long time we have an hope it will not be the last time he will out there, throughout this country, electorate who wants us to make those join us. have to make every day. People elected tough decisions, we have a body politic Mr. PAPPAS. Mr. Speaker, I thank us to do that. They did not elect us to who has said we want to balance the my colleague for yielding to me. come up with a plan. budget, we have a President who says Mr. Speaker, I ran for Congress last It seems even in some of the commit- that he wants to balance the budget, year because I believe very strongly tees that I serve on, there are people and we have a Congress that is pre- that if we as a nation could not get our that talk about specific needs that pared to make the tough choices. Nation’s fiscal house in order, the fu- need to be filled for various segments Unfortunately, when we start with ture will not be as bright as it should of our population. Some of those things this kind of a plan, it makes the job be. Everyone in this city says they are I think have to be addressed today, or even tougher. That is why I think it is for a balanced budget, yet some of within the next year or two, versus disappointing. those same people opposed the bal- saying we have a plan and we are going He also said, and this is a quote: anced budget amendment, which would to project that in 10 years or in 8 years, Financial markets will punish bad behav- have forced both the administration that this particular need will be met ior and they will reward good fiscal behavior. and the Congress to do what every and that this particular program will It was interesting, because the Sec- American in this country has to do be initiated. retary previously had been, I believe, each and every year: balance their own It is great to have a plan, but the the CEO of Goldman Sachs, and they budget; that every small business per- plan is only as good as the paper it is recently put out a newsletter, an eco- son has to do each year, to balance written on. If we do not follow the plan nomic analysis of what was happening their budget. that the American people have ex- in Washington. The headline on this I think it is unfortunate that while pected us to do, or expect me to be part newsletter was ‘‘No Meaningful Fiscal they say they want to balance the of instituting, then I think we will Restraint Before the Millenium.’’ budget, they present a plan, a plan, not have failed. I do not think they want They go on to say, ‘‘The prospects for a budget but a plan, that sees the budg- us to do that. I do not want to do that, a balanced budget agreement remain et in imbalance to the tune of $69 bil- and I believe that the majority of the excellent. Republicans plan to use the lion. people, at least in this Chamber, do not Clinton plan as a starting point in the I can recall back in 1992 when Mr. desire to do that. construction of their own proposal,’’ Clinton was running for office, that he Mr. GUTKNECHT. I thank the gen- which I think is accurate. Then they said that he had a plan to balance the tleman for his comments. I would just say, ‘‘The bad news is that it appears budget in 5 years. Now we are in the share, just to follow up with some of increasingly likely that a deal will not fifth year of his administration, and those comments, that what the gen- result in meaningful fiscal restraint yet we are looking beyond to another 4 tleman was talking about, I think if until the next millenium. In the Clin- or 5 years when he is out of office. I am the voters had been told last fall that ton budget plan the fiscal restraint is H860 CONGRESSIONAL RECORD — HOUSE March 11, 1997 extremely backloaded,’’ which we have more money to spend on other things. point where we actually have a bal- pointed out. Here is the point: ‘‘This It means we can afford more homes and anced budget and every American fam- suggests that a budget deal will not cars. It means that families can afford ily will benefit through a program like have near term implications for the to send their kids to college. that, particularly when it comes, as conduct of monetary policy.’’ In the end, that is what this debate is you correctly point out, Mr. What does that mean to the average all about. It really is about improving GUTKNECHT, to interest rates coming family who wants to buy a new home the quality of life for American fami- down. and a new car? What it means is that lies. Mr. GUTKNECHT. And that affects interest rates probably will not come I wonder if Congressman SAXTON families. That affects their ability to down. As a matter of fact, they may go would want to jump back in here and buy, their ability to buy new homes, up. That goes back to the point that talk a little bit about the impact. You remodel homes. the Secretary made: Financial markets have probably studied the correlation I want to point out one other thing, punish bad behavior. They reward good between taxes and between spending I want to get Mr. PAPPAS back involved fiscal behavior. and budget balancing and interest in this discussion a bit, too, but this What does this mean to families? We rates and how it is going to affect fami- chart sort of shows some of the bad need to talk a little bit about that, and lies more than anybody else in the Con- news that we are, according to the Con- I want to get the gentleman from New gress. gressional Budget Office, we are still Jersey involved in this discussion, be- Mr. SAXTON. Mr. Speaker, I thank about $69 billion short under the Presi- cause he probably understands this bet- the gentleman for yielding on this dent’s plan in the year 2002. That is ter than I do, but it is a chart I want point. I think it is a very important sort of the bad news. But it gets worse. to show of what happens to interest one. Because if this chart were extended, rates. They mean a lot because it af- Obviously, a good part of what has and we are going to have to get this fects what people can buy. It affects caused the economic growth to take chart extended, if you just leave every- how many new homes are built and place, this growth period started in thing else the same, when people my how many new cars are purchased. 1991 incidentally, the last quarter of age begin to retire in about the year That affects how many new jobs are 1991, the growth that has taken place 2011, 2012, when we begin to really available, and good-paying jobs to the has been encouraged to a large degree make demands upon the Social Secu- people who need them. In the end, this by the Fed holding down short-term in- rity system, the Medicare system, and is really about how is it going to affect terest rates. And I think it is very im- other things, and as our income levels the American family. portant to recognize that that is one of begin to go into retirement mode, this This is an interesting chart. I think the factors that has caused the eco- chart begins to go right straight up. It it tells some interesting things. This nomic growth that we have sustained is almost like an F–16 taking off in a was November 1994, when I and 72 of my through that period of time to take completely vertical takeoff. colleagues became part of the Repub- place. While I think this chart is kind of lican majority, and we called ourselves It has been dampened somewhat, bad news, it gets a lot worse if we do the majority makers. You can see in- however, and I think most economists not get serious about solving Medicare, terest rates were trending up until the will agree that the tax increases that solving Social Security, a lot of those election day. Then they trended down occurred in 1990 and 1993 had just the underlying problems and begin to make all through 1995, until we got to where opposite effect. While the Fed was try- some modest changes today so we can the budget negotiations broke down. ing to hold down short-term rates to save the fund for the future. Then, guess what? Interest rates start- cause growth in the economy, at the I yield to the gentleman from New ed to trend back up. same time Congress put a damper or a Jersey [Mr. PAPPAS]. After the elections of 1996 and con- wet blanket on economic growth and Mr. PAPPAS. Mr. Speaker, I thank servative majorities were kept in the caused what I see as moderate, at best, the gentleman. I notice on the chart House and Senate, interest rates start- economic growth taking place. that it shows on the President’s plan ed trending back down. The President If we had not had the tax increases that the deficit begins to decrease introduced his budget, interest rates on the other hand and if the economy rather rapidly after or the last year of have trended up slightly since then. had performed in a more robust way, his administration or after that. The Maybe it is just coincidence, but I while interest rates were low, we cer- problem with that expectation is that think it is too great a coincidence. I tainly would have had more job oppor- is making certain assumptions about think money markets do watch what tunities. We would have had higher what the next administration would we do here in Washington. They do re- wages, in my opinion, and certainly a propose and what that Congress would ward good behavior and they do punish higher rate of growth in the economy dispose. bad behavior. generally. So interest rates have And those are assumptions that I Ultimately what this means—we played a very, very key role in this en- think could be rather dangerous if, want to talk a little bit about what a tire scenario. again, we are just working off of a balanced budget ultimately means to Aside from the Fed controlling to plan. Again, I think we have to do what the families. If we can balance the some degree short-term rates, long- we can do when we can do it. And today budget without raising taxes, a number term rates are controlled to a large ex- is the time that I believe that the peo- of the leading economists in this coun- tent by investor expectation. If inves- ple that we represent, each of us rep- try have said we can expect signifi- tors expect that inflation will be low resent, expect us to act. cantly lower interest rates. and if investors expect that we are I think the chart that you are dem- going to do our job and stop borrowing onstrating or displaying once again b 1930 on the Federal level to the extent that shows that the difficult decisions are As a matter of fact, we can expect we have and then they will expect that being passed on to the next President somewhere between 1.5 to 2 percent credit will loosen, then that expecta- and to a subsequent Congress. We are lower interest rates. That means a sav- tion causes long-term rates to come here to act now. And I think that if I ings of $1,230 per year on the average down as well, which is all certainly wrote back or if I was at a town hall home mortgage for a small home. For a very, very positive for job growth, meeting in my district and I told peo- larger home it can mean as much as growth in wages and growth in the ple that I am representing that you are $2,100, $2,160. On an average car loan, economy generally. going to have to reelect me three or we are talking about a difference of Our job here is to be partners with four more times before we are going to $180 a year; on a student loan, $216 a the Fed and the Fed has done its job start making some meaningful deci- year. That is real money. extremely well in controlling short- sions to bring that budget into balance, What that means is if American fam- term rates. Our job is to help control I do not think they would be very ilies have to spend less for interest, if long-term rates by doing the respon- happy with me. the Federal Government has to spend sible thing and moving in a steady de- Mr. GUTKNECHT. I might just point less for interest, it means that we have cline in terms of deficit spending to the out, too, that I was with some school March 11, 1997 CONGRESSIONAL RECORD — HOUSE H861 kids yesterday. One of the things, when what we still think we need to do in justment downward in the Consumer I am with school kids, I show them my order to accomplish the objectives that Price Index of 1.1 percent, as the congressional pin and this nice little we are talking about here tonight. We Boskin Commission suggested, means card case and this voting card, which suggested, for example, that the School at the end of 12 years every American one of our colleagues, I think 2 years Lunch Program that was growing at a taxpayer will be paying an additional ago, reminded me is the most expen- rate in excess of 10 percent, seems to $405 every year in taxes. sive credit card ever invented in the me it was growing at something like Mr. GUTKNECHT. I am glad that you history of human beings. And it is on 11.5 percent, every year we were spend- made that point. I certainly did not this credit card that previous Con- ing 11.5 percent more than we had want to suggest that we are going to gresses have run up about $5.3 trillion spent the year before, and we suggested eliminate important programs that worth of debt on those schoolchildren. that one way to begin to get a handle Americans count on. But I do want to I think it is very graphic when you on the huge increases that we had seen make the point that there is an enor- explain this to schoolchildren. I think in Federal spending that was driving mous amount of duplication, and there most Americans can relate to credit this deficit and national debt problem are a lot of programs that the Federal card debt. Every so often we read about would be to slow that growth rate down Government funds even today that are someone or we hear about a friend or a from about 11.5 percent, I think it was not necessarily effective. neighbor or maybe it is us where we to about 7 percent. And we suggested We have so much duplication, overlap get into trouble with our credit cards, similar kinds of things in many pro- between the States, the Feds, and so where we are charging more and we grams that had been growing at very forth. I think you also make a very have reached a point where we are hav- high rates across the board. ing more and more difficulty just mak- At the same time, during all those good point about whether or not we ing the monthly minimum and paying years, in real terms, we were reducing should tamper with the CPI for politi- the interest. The Federal Government defense spending. So we had a dis- cal or budget reasons. If we are going in some respects is like that person proportionate increase in some pro- to change the CPI, it ought to be done who is having some problems with grams and no growth at all in other by professionals, and it ought to be their credit card debt. They are having programs. And what we said was, what done for the right reasons, not simply more and more difficulty just making we say today is that if we can continue just to balance our budget. the interest payments. to hold down those programs that are Mr. SAXTON. As a matter of fact, if If you had a person like that, the last currently held down and begin to get a the gentleman will continue to yield on thing you would do for that person, the handle on the large increases in the that point, the Bureau of Labor Statis- last thing you would do is say, why do programs that are growing too fast, tics, which has the responsibility, you not start out by going up and run- that we can maintain the services to along with calculating employment ning up another $24 billion worth of the American people in a very similar and unemployment figures, also is re- debt on that credit card. mode that we are today and that we sponsible for managing the Consumer No, I think the American people say, have over the past several years, but Price Index process and the formula the first thing you ought to do is cut they just will not grow as fast. And so through which they measure the rate out the credit card. Stop spending I think that is an important part of the of increase in prices or price stability. more than you take in and do it quick- discussion as well. ly. Do not do it 5 years from now; do The Bureau of Labor Statistics I There is one other point that I would have asked to report back to us by this not do it 3 years from now. Do it this like to make. I do not want to confuse year and next year, because every dol- summer on the structural makeup of the discussion about how important it lar that we can save this year begins to the Consumer Price Index process and is, for all the economic reasons and all multiply in the outyears. to make recommendations as to how One of reasons we are doing as well the reasons that had to do with fami- the situation might be managed with- as we are, and they were modest lies, that we balance the budget. But out legislating an arbitrary reduction changes but I think they will have a there is one idea that is floating which I think would be a mistake. profound impact long-term, are the around here that I think we ought to I think your point is absolutely cor- cuts that were made in the last Con- be very cautious with, and that is that rect. There are people who eat and live gress where we eliminated some 289 dif- recently a commission gave a report on and breathe issues that have to do with ferent programs. Some of them were the Consumer Price Index. And the re- statistical analysis and how to meas- not great big programs but when you port suggested that the Consumer ure the basket of goods that the pull a program out by the roots, you do Price Index is not accurate, that it Consumer Price Index measures. Our not have to feed it year after year. So overstates the rate of inflation. leadership is incidentally making a lot And I think it is very important to the savings actually multiply as you go of these same points. So I am very understand that, yes, while we want forward. pleased about that and hope that we accurate data in terms of the This is the number that concerns me, will show some restraint and not look Consumer Price Index, that the CPI is and I think it concerns the gentleman at this as an easy fix to move toward a used in our tax code to determine how from Ohio [Mr. KASICH] and the Com- balanced budget because I am not so much taxes people pay from year to mittee on the Budget and, frankly, sure it gets us there. year. The brackets in the marginal should be of concern to all the Mem- Mr. GUTKNECHT. The other gen- bers of Congress and the American peo- rate structure of our Internal Revenue Code actually are indexed to go up with tleman from New Jersey [Mr. PAPPAS], ple, because you do not start out going any other closing thoughts? on a diet by gaining 10 pounds. That is inflation. And if we rush out without just not good. And you do not try to having all the information that we can Mr. PAPPAS. I was just going to ask solve your credit card debt problems by possibly get and arbitrarily legislate a my colleague from New Jersey, since running up even more debt on your change in the Consumer Price Index, it he has been a long-standing member of credit card in the very first year of the will mean a tax increase that a JEC the Joint Economic Committee and he budget. study recently pointed out that at the has been here in the House for a few Mr. SAXTON. Mr. Speaker, I just end of a 12-year period will be an addi- terms, if he would tell us through his want to make a point here. I think this tional $405 a year that the average tax- tenure here, when just the early part of is very important, because I would not payer will pay in taxes, a very signifi- this decade, when there was a tax in- want any of our colleagues or anybody cant tax increase. crease that was instituted, what was who might be listening to this discus- So while we want to balance the the, I think we all know but just from sion to get the notion that we stand budget, we do not want to look for the your perspective here as a member of here talking about this ready to dis- oversimplified ways to do it which that committee, what was the response mantle on a large scale Federal pro- means slashing programs that are by the Congress and just the response grams that are important to people. going to hurt people or finding a gim- of the economy to that way to address Two years ago, we began to slow the micky thing like adjusting the what was perceived the way to go growth of some programs, which is Consumer Price Index. Because an ad- about making progress on the deficit? H862 CONGRESSIONAL RECORD — HOUSE March 11, 1997 b 1945 drop in welfare rolls just since we from, I will go ridiculously low, from Mr. SAXTON. Well, today, the econ- passed that legislation last year. The $50 a person to maybe as much as $1,000 omy is growing at a little over 2 per- real answer is we need more jobs in the a person. cent. Some quarters had been better. I private sector. We need more people on That means they will be able to buy think we had 3.9 percent growth in the payrolls. more shoes, more shirts, go out to eat last quarter of, I guess it was the last When we talk about economic more often, maybe go for a longer va- quarter of last year. But overall, the growth, that can become almost a neb- cation, go to Atlanta and have a big economy has grown since 1990, the last ulous term that people do not under- time for the weekend or something like quarter of 1991 by a little over 2 per- stand, but they do understand good- that. When they do that, they stimu- cent. paying jobs and more of them. That is late the economy. Now, the average growth since World really what we are talking about, is Let us think about approximately 150 War II has been over 3 percent. That is making it possible so that more folks million people with $50 more in their 1 percentage point, but it makes a big who need good-paying jobs can find wallet because we are confiscating less difference, because while 1 percentage those good-paying jobs in the commu- through a tax. So what happens is we point, when we are talking 2 or 3 per- nities and in the neighborhoods where have all that money out on the street; cent, is like 50 percent faster at 3 per- they live. people going out to eat more, buying cent than at 2 percent. Mr. PAPPAS. If the gentleman would more toys, more clothes, shoes, and so So it is very important to realize continue to yield, I have to make one forth. When they do that, small busi- that for some reason all of us agree other point. I think one of the things nesses expand because they are stimu- that the economy is not performing as that is only fair to expect from the ad- lated by the new growth, the new pros- well as we would like it to. We would ministration under the President and perity out there. When they do that, like it to be growing at least at the his- the Vice President, who we all assume they create more jobs. And the more toric average since World War II, which is going to aspire to succeed Mr. Clin- jobs that are created, the more people is over 3 percent and it is growing at 2. ton, our President, is what will the that can find work. So when we begin to look at why that plan be? Quite frankly, whoever might All the folks on welfare now, there could be, one of the unmistakable con- be President after President Clinton would be a lot more job opportunities clusions we have to come to is we had leaves office, what is their plan? for them. They go to work. Less people the biggest tax increase in 1990, fol- If in fact this is the only thing that are on public assistance and more reve- lowed by an even bigger one in 1993. we are able to see enacted or proposed nues coming in. That, to me, seems to be what we did by the administration, what is the plan Both President Kennedy and Reagan differently. And therefore this recov- to move forward beyond that time? cut taxes, and when they did, actual ery, which I believe is part of the nor- Again, I do not want to wait. I want to money paid in to taxes in Washington mal economic cycle, we are now in a act now. increased. It did not decrease it. growth period, this growth period is Mr. GUTKNECHT. We only have We always hear from some people slower than I believe any other growth about 10 minutes left, but we have been how are we going to pay for the tax period since World War II. joined by our distinguished colleague cut? It is not a matter of paying for the I personally believe that it is because from Georgia [Mr. KINGSTON], if he tax cut. The revenues, because of the of the two tax increases, the gentleman wishes to grace us with some of his taxes being out on the street, the reve- correctly points out, and certainly has thoughts relative to the budget. nues actually increase. So we do have had an effect on our economy. Mr. KINGSTON. Mr. Speaker, I this phenomenon that if we cut taxes, Mr. PAPPAS. Mr. Speaker, I thank thank the gentleman for yielding me revenues will increase and America has the gentleman. And I asked him that this time, and I wanted to respond to more prosperity. question because I believe that bal- the gentleman from New Jersey [Mr. I think it is a very basic thing that ancing the budget is tied into, and SAXTON] the distinguished chairman of the person on the street can under- achieving the kinds of economic the Joint Economic Committee, re- stand and appreciate. They do not need growth we all want to see is tied into garding his comments to Mr. PAPPAS’ to have the charts and diagrams about significant across-the-board tax relief. comments about the tax proposal and it because they know. Give them their Many people argue that no, we need the reduction in taxes. money and they can spend it better to cut spending first before we can then I am not on the Joint Economic Com- than we can. do something about taxes. Again, I will mittee, and quite often I see their 30- Mr. SAXTON. If I may, I want to go back to a point I made earlier. If and 40-page documents, and I have dif- commend the gentleman from Georgia that had been the case, then we would ficulty reading them; but I was an eco- for the very articulate analysis or not be talking about graphs, showing nomics major at the University of statement on behalf of what this will graphs where we are seeing the deficit Georgia and one of the things that we do for the American family. remain in existence or going up before often did with economics is we delved One thing I am sure he did not mean it is going down. We would not be talk- into the theory. But it is good to just to do, but he left out something, which ing about that. We would be talking shut the book every now and then and is also important that causes economic about all the other new things that we to think about the man on the street; growth to take place, is some of that are able to do for the American people what it would mean to him. money on the street will get saved, put because we have the kind of economic Throw out the theory for a second into a savings account or go into a mu- growth that we all desire to have. and think about what would happen if tual fund, which creates a supply of If we do not cut taxes and see the we had more money in our pockets. If savings which others can borrow to in- kind of economic growth that we have we had a guy just running around, and crease the size of their business and seen, that we saw in the early 1960’s I will call him a friend of mine, Bill hire more people. under President KENNEDY, under Presi- Granger. Bill is a working guy. He is a That is what creates the business dent Reagan in the early 1980’s, we will friend of mine and lives in Alma, GA. I cycle, when economic activities take not see the kind of growth that will in am going to change some of the names place. Whether we believe it is the sup- fact raise revenues and assist us in cut- of the cities to be a little careful here. ply that creates the better economy or ting that deficit. I do not have his permission. the demand, either way, by the ineffi- Mr. GUTKNECHT. More important Say Bill gets a $500 per child tax cient Federal Government consuming even than that, Congressman PAPPAS, credit. He has three kids, so he will less of GDP and people who are out is it will help those people. have $1,500 more in his pocket. Let us working in the private sector consum- We passed very important welfare re- say his dad does not get that, his dad ing more of GDP, it makes the econ- form last year and it is already begin- gets something from Social Security omy better when the efficient part of ning to show some benefits. We are see- earnings limitations. Whatever the our economy handles the money rather ing welfare rolls going down. I have case, we confiscate less money out of than the inefficient part. been doing some research in my home their wallets in Alma, GA. What that So I wanted to say that I think that State, and we have seen a dramatic means is they would have anywhere the gentleman’s statement on behalf of March 11, 1997 CONGRESSIONAL RECORD — HOUSE H863 the average American worker is very a one-person agency located in Chi- during legacy with the Leadership Con- well placed. cago. Discrimination against Jews at ference on Civil Rights which he co- Mr. GUTKNECHT. If I could, gentle- that time was overt and widespread. founded with NAACP President Roy men, our time is just about expired. We Help wanted ads specifying gentile only Wilkins. In 1950, he and Mr. Wilkins will have to wrap it up here, but I do were commonplace, and employment convened over 4,000 delegates from all want to thank my colleagues for par- agencies accepted and filled orders in over the country to urge the Congress ticipating tonight. accordance with such specifications. to enact employment, antidiscrimina- I want to say, in part, with the spirit Rather than attempting to deal with tion, and antilynching laws. of what transpired in Hershey, PA, that the problem as it affected Jews alone, Along with Martin Luther King, Jr., we do look forward to an honest and he decided to attack employment dis- Arnold Aronson was one of the 10 orga- civil debate about the great issues fac- crimination per se, no matter the vic- nizers of the 1963 March on Washing- ing this country, and nothing can be tim. Accordingly, he organized the Chi- ton. During the Leadership Con- more important than stopping the cago Council Against Religious and Ra- ference’s first 13 years, Arnold Aronson business of mortgaging our children’s cial Discrimination, a coalition of reli- served as its secretary and directed the future and, in the end, it provides real gious, labor, ethnic, civil rights and so- day-to-day operations of the organiza- benefits. cial welfare organizations. As council tion. Along with NAACP Washington Not only is it the morally right thing secretary, Arnold Aronson directed the bureau director Clarence Mitchell, to do to balance the budget, but it is campaign that led to the first munici- Aronson and the Leadership Conference the economically smart thing to do. I pal Fair Employment Practices Com- coordinated the successful lobbying ef- think if we work together and have a mission in the Nation. forts which resulted in the passage of civil debate, then I think we ulti- In 1943, he organized a statewide coa- the 1957 and 1964 Civil Rights Acts, the mately can succeed in that. lition, the Illinois Fair Employment 1965 Voting Rights Act, and the 1968 Important now is that we all begin to Council, and initiated the campaign for Fair Housing Act. speak the same language. If the Presi- a State FEP legislation. Arnold Aronson’s lasting legacy, I be- dent is speaking OMB and we are In 1945, he became program director lieve, is summed up in a quote of his, speaking CBO, it is going to make that of the National Jewish Community Re- and I would like to quote it. Arnold job even more difficult. So in the next lations Advisory Council, a coalition of Aronson once wrote: The struggle of several weeks, what we hope to do is civil rights cannot be won by any one try to get the White House and the national and local Jewish agencies. He developed policies and programs for group acting by or for itself alone, but Congress to at least be speaking the only through a coalition of groups that same language. Jewish agency involvement on issues of civil rights, civil liberties, immigra- share a common commitment to equal Then we can have that civil debate justice and equal opportunity for every and, ultimately, I think we can reach tion reform, church and State separa- tion, Soviet Jewish immigration and American. an agreement during this Congress Mr. Speaker, Arnold Aronson’s life is support for Israel. which will be historic, which will leave a model for us all. I consider it a privi- In 1946, Arnold Aronson became sec- a legacy that we can all be proud of lege to have known him and to have retary of the National Council for a and ultimately lead to a stronger eco- worked with him. I am honored to join Permanent FEPC, a coalition which nomic growth, more jobs, better jobs, with my colleagues this evening in sa- and the ability of more American fami- was headed by A. Philip Randolph, and luting this giant on today, his 86th lies to have the American dream. together they directed campaigns for birthday. Happy birthday, Arnold So again I want to thank my col- Federal civil rights legislation in the Aronson, and we thank you. leagues for joining me. 79th and 80th Congresses. Mr. Speaker, joining with me in this f In 1949, he became the secretary of special order this evening are Congress- the National Emergency Civil Rights woman ELEANOR HOLMES NORTON, Con- TRIBUTE TO ARNOLD ARONSON, A Mobilization, which was chaired by gresswoman SHEILA JACKSON-LEE, and GREAT CIVIL RIGHTS LEADER Roy Wilkins, and together they orga- Congressman JOHN LEWIS. The SPEAKER pro tempore. Under nized a lobby in support of President It is my pleasure at this time, Mr. the Speaker’s announced policy of Jan- Truman’s proposed civil rights pro- Speaker, to yield to Congressman JOHN uary 7, 1997, the gentleman from South gram. LEWIS. Carolina [Mr. CLYBURN] is recognized Around this same time, Mr. Speaker, Mr. LEWIS of Georgia. Mr. Speaker, for 60 minutes. Arnold Aronson and a few men, a small I want to thank my colleague and GENERAL LEAVE group, set out to professionalize people friend from the great State of South Mr. CLYBURN. Mr. Speaker, I ask who were working in civil rights and Carolina for yielding. I want to thank unanimous consent that all Members allied fields by establishing the Na- the gentlewoman from the District of may have 5 legislative days within tional Association of Intergroup Rela- Columbia [Ms. NORTON] for organizing which to revise and extend their re- tions Officials. The name of that group this special order in honor of our friend marks and to include therein extra- has since been changed, and today it is Arnold Aronson. It is fitting and appro- neous material on the subject of my called the National Association of priate that we gather here on the floor special order this evening. Human Rights Workers. of the House of Representatives to pay The SPEAKER pro tempore. Is there Arnold Aronson held many offices in tribute to this great man on this, the objection to the request of the gen- that organization, including a term as occasion of his 86th birthday. I want to tleman from South Carolina? president. In fact, it is my great honor personally wish Mr. Aronson a happy, a There was no objection. to have been one of his successor presi- very happy birthday. Mr. CLYBURN. Mr. Speaker, I rise to dents in this organization, and I was As Americans, we owe a debt of grati- pay tribute this evening to one of our pleased to meet with them in Shreve- tude to Arnold Aronson. We live in a Nation’s greatest civil rights leaders: port, LA, 3 weeks ago, and look for- better country, a better society, and a Arnold Aronson. Arnold Aronson has ward to their annual meeting in Octo- better world because of the work of been active in civil rights for nearly 60 ber of this year. this civil rights pioneer. I would not be years. b here, I would not be a Member of Con- In 1941, he, along with A. Philip Ran- 2000 gress but for the hard work, dedication, dolph, mobilized a campaign that led During Arnold Aronson’s term as and commitment by Arnold Aronson to President Roosevelt’s Executive president, he established the Journal of and others like him. order which banned discrimination on Intergroup Relations, which continues These were people who took up the the basis of race, creed or national ori- to the present time and is an organiza- cause of equal rights and civil rights gin in war-related industries. This Ex- tion to which I very often contribute. long before they became politically ecutive order established the first Fair Mr. Speaker, I think that Arnold popular, before they became the fash- Employment Practice Committee. Aronson’s lasting legacy, although he ion of the day. Arnold Aronson was one In 1941, Mr. Aronson headed the Bu- has been involved in every major civil of the original founders of the Leader- reau of Jewish Employment Problems, rights effort in this century, is his en- ship Conference on Civil Rights, and H864 CONGRESSIONAL RECORD — HOUSE March 11, 1997 for this he should be commended and Mr. CLYBURN. I thank the gen- tant that at the time that Mr. Aronson remembered. But Mr. Aronson was tleman from Georgia [Mr. LEWIS] for made the commitment to continue more than that, I can tell you. He was his statement. work with the Leadership Conference, the glue that held the civil rights Mr. Speaker, I yield to the gentle- he was not just sitting by with idle movement together. woman from Texas [Ms. JACKSON-LEE]. time. He was working full time as pro- I remember many meetings during Ms. JACKSON-LEE of Texas. I thank gram director of the National Commu- the 1960’s, many meetings here in my esteemed colleague from South nity Relations Advisory Council, a coa- Washington during some heated discus- Carolina both for his leadership and his lition of major Jewish organizations. sion, sometimes heated debates. It was long service in the area of human and Mr. Aronson began his struggle always Arnold Aronson that held us to- civil rights. against discrimination in 1941 as head gether. In order to have people and in- Let me thank the gentlewoman from of the Bureau on Jewish Employment dividuals, the gentlewoman from the the District of Columbia [Ms. NORTON] at a time when open discrimination District of Columbia [Ms. NORTON] will for her wisdom in organizing this trib- against Jews was widespread. Help remember, the gentleman from South ute. Mr. Aronson, as one of the newer wanted ads specifying gentile only Carolina [Mr. CLYBURN] and others, to members of this Congress, let me were commonplace and employment have an A. Philip Randolph, a Martin thank you for giving me the oppor- agencies accepted and filled orders in Luther King, Jr., a Roy Wilkins, a tunity now to serve a very diverse con- accordance with such specifications. James Farmer, a Bayard Rustin, and stituency in the U.S. Congress from the Instead of regarding discrimination the young people from the Student 18th Congressional District in Texas. I only as a Jewish program as one might Nonviolent Coordinating Committee rise today to commend and support have expected, he had a broader view of and others in the same room, it was a this special order recognizing Mr. Ar- the true magnitude of the problem, and great deal to try to control. nold Aronson, one of the Nation’s following his conscience, he formed the This man, this good man, was a sol- greatest champions of the civil rights Chicago Council Against Religious and dier of conscience, a warrior in a non- movement. violent crusade to bring equality to Racial Discrimination, a coalition of This special order fittingly comes on religious, labor, ethnic, civil rights and America. While the civil rights climate Mr. Aronson’s 86th birthday and I tip ebbed and flowed in the course of his social welfare organizations. He coined my hat to you. Arnold Aronson has the phrase coalition. He did not speak 60-year career, Arnold Aronson stood long been seen as a key figure in the like a mighty oak planted by the bank it, he lived it, and in tribute to him, it history of this country’s struggle for is continuing. of the river. He never swayed, he never civil rights. The well-documented story wavered, he never faltered. He knew Mr. Aronson, countless generations of Mr. Aronson’s legacy to the chapters will come to know and can appreciate what was right and he worked every of this Nation’s civil rights movement day to make that vision a reality. the benefits that your life’s work has have been chronicled by countless his- Under his day-to-day leadership as brought to the unity of this Nation. torians. Since the New Deal era, Ar- secretary of the Leadership Conference Thank you for your dedication and on Civil Rights, Arnold Aronson lob- nold Aronson has spoken on behalf of commitment during those early steps bied and fought successfully for the this Nation’s disenfranchised by advo- in the civil rights movement that passage of the 1957 and the 1964 Civil cating unity and not division. began the road to making the Constitu- I might say to you in a city that one Rights Act, the 1965 Voting Rights Act, tion of this country extend its rights and the 1968 Fair Housing Act. To this might study and give rise to whether and protections to all of its citizens. day he remains an active member of there would be opportunities for Jew- Finally, in closing, let me add that as the Leadership Conference. Due in part ish-black coalitions, let me say that I we continue to try to forge coalitions, to his leadership and his ability, his ca- have had the privilege in the city of a name that comes to mind certainly is pacity to build a coalition, the Leader- Houston to serve a number of years in Dr. Martin Luther King. As the pre- ship Conference today includes 180 via- a very thriving and ongoing dialog be- vious speaker noted his words, let me ble organizations and groups and fights tween the African-American and Jew- say that in those days of the Montgom- against all forms of racial, religious, ish community. ery bus march and boycott, those were national origin, gender, and sexual ori- Out of that very bond grew a young days that were both light and dark. entation bigotry and discrimination. man by the name of Mickey Leland One of the statements that Dr. King Tonight, Mr. Speaker, I want to note who served in the U.S. Congress and noted is that the history would recall in particular the vital and historic role was one of my predecessors in this po- that there were great people who de- that Mr. Aronson played in uniting the sition. Mickey Leland was infused with cided to do the right thing and that black and Jewish communities in the the energy of bringing communities to- what would be written is that they de- struggle for civil rights. It is a bond gether and particularly worked to join cided, first of all, never to turn back. the black and Jewish community. and a friendship that continues to this b 2015 very day. For example, in my city of In tribute to you, Mr. Aronson, let Atlanta and many other cities, there is me say that we still have in Houston We thank you, Mr. Arnold Aronson, a black-Jewish coalition working to- today a Mickey Leland kibbutz pro- on this your 86th birthday for having gether due in large part to the road gram that sends young men and women the greatness of mind and conscious to paved by our friend Arnold Aronson. to Israel from the inner city African- be able to say we will never turn the As I said when I started, it is more American and Hispanic and Asian com- clock back, and it is this day that we than fitting and appropriate that we munities in order to bring about a last- write of you and give tribute to you as gather here today. Few Americans ing coalition. a great American. The history books have done more to bring us together, Let me say that your words spoken will recall your greatness as well. more to unite us as a nation and as a so early on the struggle for the civil Mr. Speaker, I rise today to commend and people than has Arnold Aronson. My rights movement cannot be won by one support this special order recognizing Mr. Ar- late mentor, Dr. Martin Luther King, group alone has carried many of us for- nold Aronson, one of this Nation's greatest Jr., talked during the 1960’s of building ward, recognizing that we are all in champions of the civil rights movement. a beloved community, a nation at this same leaky boat together and we This special order fittingly comes on Mr. peace with itself, where people were must rise together or certainly sink to- Aronson's 86th birthday. Arnold Aronson has judged not by the color of their skin gether. long been seen as a key figure in the history but by the content of their character. Mr. Aronson was noted as one of the of this country's struggle for civil rights. Arnold Aronson has done as much as most noted founders of the Leadership The well documented story of Mr. Aronson's any man in this Nation to help build Conference on Civil Rights, known in legacy to the chapters of this Nation's civil that beloved community. For that he the 1950’s as the Leadership Con- rights movement have been chronicled by will always be, in my heart and in the ference. Let me applaud not only the countless historians. Since the New Deal era hearts of millions of others, beloved. coalition but the friendship of Roy Wil- Arnold Aronson has spoken on behalf of this Thank you, Mr. Aronson. Thank you kins and Arnold Aronson wherein this Nation's disenfranchised by advocating unity for your hard work. coalition was born. It is so very impor- and not division. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H865 He said, ment of Mr. Wilkins and Mr. Aronson the orga- and thank her for her service to her The struggle for civil rights cannot be won nization survived these lean years. constituents and to our Nation. by one group acting by or for itself alone, At the time Mr. Aronson made the commit- Mr. Speaker, I yield to the gentle- but only through a coalition of groups that ment to continue work with the Leadership woman from New York [Mrs. LOWEY]. share a common commitment to equal jus- Conference he was working full time as pro- Mrs. LOWEY. Mr. Speaker, I rise tice and equal opportunity for every Amer- gram director of the National Community Rela- today to honor a giant in the civil ican. tions Advisory Council, a coalition of major rights movement. Arnie Aronson is one Mr. Aronson brokered his words into a coali- Jewish organizations. of the true champions of civil rights in tion of Mr. Roy Wilkins and Mr. Aronson Mr. Aronson began his struggle against dis- this country. As one of the founders of wherein the Leadership Conference on Civil crimination in 1941 as head of the Bureau of the Leadership Conference on Civil Rights was born. Jewish employment at a time when open dis- Rights, Arnie has been a lifelong cru- Mr. Aronson was one of the most noted crimination against Jews was widespread. sader for civil rights. Over the years founders of the Leadership Conference on Help wanted ads specifying ``Gentile only'' Arnie has avoided publicity, but his Civil Rights known in the 1950's as the Lead- were commonplace and employment agencies lack of publicity does not diminish how ership Conference. accepted and filled orders in accordance with indebted we are all to him. Summoned by Roy Wilkins, chairman of the such specifications. Arnie turns 86 today, and I can think event and Arnold Aronson, secretary, 4,269 Instead of regarding discrimination as only a of no better place to honor him than on delegates from 23 States, which included 291 Jewish program he had a broader view of the this House floor, where some of his brave souls from the South, representing 58 true magnitude of the problem. Following his toughest battles were fought and won. national organizations, converged on the Cap- conscience he formed the Chicago Council Arnie’s championship of human rights ital to take part in what its conveners called Against Religious and Racial Discrimination, a in this country has shaped the Nation’s the National Emergency Civil Rights Mobiliza- coalition of religious, labor, ethnic, civil rights, policies since the Roosevelt adminis- tion. and social welfare organizations. tration. From Roosevelt’s Executive As the council secretary, Aronson directed The actions of Mr. Arnold Aronson and Mr. order barring discrimination in war-re- the campaign that led to the first Municipal Roy Wilkins was in direct response to a report lated industries, to the 1964 Civil Fair Employment Practices Commission in the issued by President Truman's Citizens Com- Rights Act, to the 1965 Voting Rights Nation. mittee on Civil Rights, in 1947, titled ``To Se- Act and the 1968 Fair Housing Act, cure These Rights,'' it was felt that the find- In 1943, he organized a Statewide coalition, the Illinois Fair Employment Council and initi- Arnie has helped coordinate the efforts ings of the report could leave no Member of to pass every landmark civil rights leg- Congress in doubt regarding the scope and ated the campaign for State fair employment practices legislation. islation this body has considered. substance of racial injustice. The Truman The first fair employment practices legisla- Arnie also devoted his life to uniting committee found that the sensational news tion was passed in the State of New York in the Jewish and African-American com- stories of lynching, Klan attacks, and race 1945. In the ensuing decade, at least a dozen munities in the struggle against dis- riots, the Truman committee found were only States enacted fair employment practices laws crimination. The strong ties that exist the most shocking manifestations of a strain of with Aronson serving as a consultant in sev- between these two communities today prejudice that was everywhere in American eral of the campaigns. are a testament to Arnie’s hard work. society. From 1945 to 1976 he served as program I think Vernon Jordan said it best This strain of prejudice permeated not only director for the National Jewish Community when describing the impact Arnie’s the broad areas of employment, housing, edu- Relations Advisory Council, which is a coali- work has had. He said, ‘‘You have the cation, health care, and voting; but in many tion of national and local Jewish agencies. Mr. gratitude of countless millions who parts of the country, it infiltrated the most ordi- Aronson developed policies and programs for may never have heard of your name nary aspects of life, so that to be black in Jewish agency involvement on issues of civil but whose lives are better, whose pros- America was to experience daily humiliation. rights, civil liberties, immigration reform, pects are brighter and whose dreams Black youngsters were barred from amuse- church-state separation, Soviet Jewish immi- are coming true, thanks to you.’’ ment and national marble contests. Black gration, and support for Israel. Mr. Speaker, I am proud to stand shoppers were often unable to try on suits or He was clearly a man ahead of his time. today in honor of Arnie Aronson. His dresses in department stores or eat at the In 1954, he organized the Consultative Con- commitment to racial justice has lunch counters like other customers. Black ference on Desegregation, and Interreligious touched all of our lives and the lives of travelers had to suffer the indignity of seg- Coalition with the heads of the National Coun- many others who will never know his regated seating sections, waiting rooms, rest cil of Churches, the Synagogue Council of name but benefit from his legacy. rooms, and drinking fountains and had to often America, and a representative of the national Happy birthday, Arnie. spend long, exhausting hours on the road be- Catholic Welfare Conference as cochairman Mr. CLYBURN. I thank the gentle- fore finding a place to stay or even a place to and himself as secretary. The purpose of the woman for her statement. relieve themselves. Such conditions prevailed Consultative Conference on Desegregation Mr. Speaker, I would like now to not only in the South, but even in our Nation's was to provide an opportunity for clergymen yield to the gentlewoman from the Dis- Capital. who were under fire for speaking out in sup- trict of Columbia [Ms. NORTON] who or- The Congress had not enacted any civil port of the Court's decision in Brown might, ganized this special order for this rights law since 1875, and it appeared that it under the cloak of anonymity, might be able to evening and thank her for having done would take much more than the meeting of get together with colleagues and civil rights so. those delegates to change that fact. leaders who were similarly situated for an ex- Ms. NORTON. Mr. Speaker, I first But Mr. Aronson was not deterred and on change of views, experience, and for mutual want to say how indebted I am to the December 17, 1951, as secretary of both the reinforcement. In the few years it was in exist- gentleman from South Carolina [Mr. council and the mobilization, called represent- ence, the organization was able to save the CLYBURN]. After I organized this spe- atives of the cooperating organizations to- pulpits of several men who had been threat- cial order it became necessary for me gether to plan another Washington meeting: a ened with dismissal and, in other instances to to leave the House, and on very short Leadership Conference on Civil Rights to be find places for clergymen who had in fact notice he was willing to conduct this held in February of the following year to cam- been fired for voicing support of desegrega- special order. He is a most appropriate paign mainly for a revision in the Senate rules tion. gentleman to conduct it, and I very that would allow a simple majority of that body Mr. Aronson, countless generations to come much thank him for the grace and skill to limit and close debate. can know and appreciate the benefits that with which he has done just that. It was under the Leadership Conference your life's work has brought to the unity of this Mr. Speaker, I am not sure that the name that the coalition continued from then Nation. Thank you for your dedication and best way to celebrate your 86th birth- on. commitment during those early steps in the day is listening to a bunch of Members For the next 13 years the Leadership Con- civil rights movement that began the road to of Congress, but leave it to Arnold ference was housed in a desk drawer and fil- making the Constitution of this country extend Aronson, always at work, to spend his ing cabinet in Mr. Aronson's Manhattan office. its rights and protections to all of its citizens. 86th birthday just that way. The conference like many just causes had no Mr. CLYBURN. I thank the gentle- Now, you know there is a cliche money. Through the dedication and commit- woman from Texas for her statement about unsung heroes. But in a very real H866 CONGRESSIONAL RECORD — HOUSE March 11, 1997 sense Arnold Aronson gives that phrase black people working in the war indus- b 2030 new meaning largely because he never try ought to have equal opportunity in Somebody had to do it without hang- sought the credit and the praise that is jobs. Somebody had to suggest it to ing back and without dropping the ball rightfully his in a movement where him. And in fact there were a small and had to do it from one decade to the people are not exactly shy in stepping band of great men who did so, and his- next, because even today the work is forward to claim credit. It is not every tory will remember them: not done, and the work has been left to good man who is honored on his 86th Joseph Rowell, Bayard Rustin, Clar- those who refuse to lay down their birthday. It is certainly not every good ence Mitchell, Arnold Aronson. swords and retire, but recognize that man that brings Members of the House There are names of the 1990’s, but we they had to go forward into yet an- for a special order of indebtedness to had best remember the names of the other decade, and that was Arnold his work. 1940’s if we want to know truly how we Aronson. But Arnold Aronson deserves that, got here. When I was in law school and I would and he deserves more, and the fact is Arnold Aronson wrote some of the come down in the summers to Mis- that he will probably not get a lot most compelling reports of the period, sissippi, to the March on Washington, more. He will probably not get a lot the reports, the documents that made to New York where it was being orga- more because in a real sense he has people especially those in high places, nized, to wherever there was work to lived a life in which he has not sought like President Truman, understand be done, the fine hand of Arnold a lot more. It is up to those of us who that it was time to move forward. One Aronson was always there. know his work and appreciate his work of the most compelling of those was to He belongs to that extraordinary co- to spread the word of his work, and not secure these rights drafted indeed by terie of men to whom this country only, I might say, to do tribute to his Arnold Aronson. owes everything. We owe our dignity as Today, when we are trying to get work because in a very real sense the a country; we owe the elimination of more funds for the EEOC, it perhaps work of Arnold Aronson deserves rec- the greatest scar on the American pol- seems impossible to believe that the ognition today because it deserves re- ity; we owe it to them. We could never idea of a permanent FEPC, or Fair Em- peating today and because there are be a great country until that scar was ployment Practice Committee, was a too few willing to stand in the exact wiped away and the great civil rights radical idea. Money for it? The point place where he stood, hoisting the flag laws finally achieved, in no small part was should there be any such commit- of the principles that make him a great out of their personal labors, and espe- tee at all. American. As late as 1950 Arnold Aronson was at cially the labor of Arnold Aronson I come before you this evening with the forefront of those struggling for a wiped away that scar and helped us to particular humility as a former chair permanent FEPC. Even the wartime emerge finally as a great Nation. of the Equal Employment Opportunity experience, so successful, had not led Let me finally say something about Commission, as a child of the civil to a permanent agency, and we were an issue that needs to be confronted as rights movement. I know my own per- not to get one until 1964, when Arnold we are celebrating the life of Arnold sonal indebtedness to Arnold Aronson. Aronson, unbroken in his work in the Aronson. We live now in a country I know quite well that the agency that movement, helped lead the march on where people go off into their respec- it was my great honor and privilege to Washington that got finally a perma- tive ethnic and racial corners. In a real chair, the law I came to administer did nent FEPC, the Equal Employment Op- sense there was more discourse across not simply pop up on the lawbooks one portunity Commission. racial lines when I was a girl in the day as this House decided to do the The fact is that as late as the 1950’s civil rights movement. We have lost right thing. Arnold Aronson was working with Roy some of the spirit that guided the What is too little appreciated today Wilkins to get an antilynching bill; times and events of Arnold Aronson, is the kind of work and the kind of at- that is what they called it when I was and I would ask us tonight not simply mosphere in which that work had to be a child and perhaps even when my col- to honor him on his 86th birthday, but done. What is too little appreciated leagues were children. They called it to try to reclaim and recapture the today is what it was like 56 years ago, antilynching bills. It operated at that moral authority of Arnold Aronson. He when Arnold Aronson was there with level of terror. We did not call it civil had that authority because he knew no A. Philip Randolph and where our rights acts in order to keep people from prejudice, first and foremost; because country was at war, proudly marching engaging in violence, and it was at the he lived the word that we were all cre- off to war, with an army segregated to raw level that Arnold Aronson and his ated equal. the core and thinking not one thing colleagues were trying to convince peo- So today the great alliance between about it, marching off in peace and ple that you should not lynch people. African-Americans and Jews needs to freedom to fight a war against the ulti- That was not self-evident. That was come alive again, needs to come alive mate bigotry in a segregated army, and not evident to most Americans. Some- again if we are to remember from there were very few who understood body had to stand up and keep saying whence we came and who were there that irony or even understood that it it and not relent and find ways to with us when nobody else was there. was wrong to step forward then. If you make it come true in a country born in I have to say it, Mr. Speaker. The were white or if you were black was to racism, determined in its racism. one thing I cannot understand is black separate yourself from the great And what was the cry for an anti- anti-Semitism, because the one group masses. Blacks were deprived of every lynching statute was to develop into of people who were always there with conceivable right. Whites, even those the success of the 1960’s, and when the African-Americans were American who knew the difference between racial 20th century closes its eyes and bids Jews. I cannot understand it, and we right and racial wrong, seldom had the farewell and they name the half dozen need to confront it, and we need to re- courage to act on what they knew. pieces of legislation that made this mind people how we got there. Arnold Aronson has never lacked century and made this country, the Arnold Aronson, for most of his life, that courage. We did not get here by laws which Arnold Aronson helped worked for the National Jewish Com- ourselves. We got here marching be- achieve, particularly in the 1960’s, will munity Relations Council and worked hind others, and Arnold Aronson stands be numbered in that group. in that capacity for full rights for among those at the front of that line. In 1961, Mr. Aronson wrote the pio- American Jews and American blacks. If The agency I came to chair, the neering work Federal Support of Dis- indeed we mean to finally finish this Equal Employment Opportunity Com- crimination. That is what it was all struggle, we can only finish it if we re- mission, had its origins in the Fair Em- about, Federal funds, the great might dedicate ourselves to the principles ployment Practices Committee, which and weight of the Federal Government that made it a great struggle. If it is Arnold Aronson, working with such in support of discrimination. Somebody only about our rights, it is about no- stalwarts as A. Philip Randolph, helped had to make this country face that body’s rights. It means nothing if we to achieve. Even the beloved Franklin fact, that the greatest support for dis- take on the very mantle of prejudice D. Roosevelt did not step forward be- crimination came from the greatest that we are ourselves so long have cause it occurred to him that maybe country on the face of the Earth. criticized others for wearing. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H867 So this evening let the life of Arnold trying to divert them from a course of that gets the microphone most of the Aronson take us back to basics, to our coalition, that we have to take this op- time are leadership members who are first principles that all men and women portunity to emphasize the fact that calling for the worst in people. are created equal, that if I am a black coalitions are the only way to win in This is true unfortunately not only I will stand up first against anti-Semi- America. Mr. Speaker, we only get the in the majority, but also in some mi- tism. If I am an Hispanic, I will stand majority if we are a coalition in Amer- norities. In our own minority we have up first against racism. The rest of you ica, if we happen to be a member of a had loud voices that have called for will have to stand after me. Only then minority. separatism, isolationism; loud voices and only with that resolve, only with In fact, the history of the world and that have gone into extremism; loud that sense of coalition and moral au- the history of prejudice and of oppres- voices that have sought to tear asunder thority will we complete the work so sion shows that one of the reasons that long-existing coalitions. Arnold valiantly carried on by Arnold people are oppressed is that they are in Aronson behind the scenes was one of Aronson. He does us great honor by al- a minority. I mean there is no other those people who was always working lowing us to honor him this evening. reason. to knit together that coalition and to Mr. CLYBURN. Mr. Speaker, I thank When we look at all of the various make that coalition effective. the gentlewoman very much for her reasons that oppressors give, they Throughout history there have been very moving statement on behalf of our often say that this group was oppressed a whole lot of them. White men, white honoree this evening. because it had an inferior education, it women, have played a major role in the Mr. Speaker, as was said earlier, Ar- had bad hygiene habits, bad sex mores, liberation of black people in America. nold Aronson in 1943 started the move it had an inferior IQ, the IQ was not When slaves were totally powerless, toward FEP agencies, but it was in high enough. We get that kind of argu- when slaves had no organization to 1945, I believe was the year, that the ment sometimes. But get another argu- form coalitions with, it was the aboli- first State FEP agency was enacted ment that they were too brilliant, they tionists, it was the whites who had to into law, and that was in New York. It knew too much, they dominated too carry the ball. is my great pleasure now to yield time many positions in the judiciary, they In the crucial days following the end to the gentleman from New York [Mr. dominated too many positions in the of the Civil War, it was white Thaddeus OWENS]. intellectual circles, and you get the Stevens from Pennsylvania, it was Mr. OWENS. Mr. Speaker, I want to same kind of oppression because the white Charles Sumner and others who congratulate the gentleman from oppressor looks for a reason behind the had to forge ahead and against evil South Carolina [Mr. CLYBURN] for tak- reason. forces that were seeking to undermine ing out this most appropriate special The real reason is that because they the victory won in the Civil War, the order to honor Arnold Aronson. are in a minority and they are weak, end of slavery. They had to forge ahead Arnold Aronson represents a breed they are fodder for demagogues. I think and help push the 13th amendment and that gets lost, the people behind the the senior Benjamin Netanyahu, who the 14th amendment and the 15th scenes who do all the hard work. Often has written a book about the inquisi- amendment. Whites had to do that, and geniuses at an organization get lost. tion, the Spanish Inquisition, one of whites did it, in many cases all alone. The headlines never pick them up, and his conclusions is that the Jews were The abolitionists formed coalitions, history is of course filled with people of oppressed in Egypt, and he searched for and those coalitions began to take root this kind, and the American dream all the reasons and found that for no after blacks were able to organize. But would not be realized unless there were other reason than they were the minor- we are here, and for all of those young so many Americans of this kind out ity and they were weak and easy prey people who think we have not gone far there always. to demagogues, and the pattern of op- enough: too much lack of opportunity, They were there during the civil pression against the Jews in other too much discrimination, economic op- rights struggle in great abundance, and places was the same. They were just pression now is the problem, and there- they are still there to some degree. there, easy fodder for demagogues. fore they want to become cynical about They have been intimidated by some of Any minority in any society is easy attempting to move forward in coali- the loud voices and intimidated by the fodder for demagogues. Therefore, all tion with others, I say to those young fact that there is such cynical report- minorities should always place a high people, history unfortunately moves ing in the media, and have not exer- premium on forming coalitions, all mi- too slow. cised their full power. norities. Certainly African-Americans History unfortunately is a captive of But we are the majority; we are not in America should understand that we strong men who sometimes are evil beggars, the people who care. I call it cannot survive without coalitions. Coa- men. History unfortunately does not the coalition of a caring majority, and litions are our only means for survival. realize the full potential of the human I often talk about it as being a natural Yes, we have had a lot of progress, spirit, but history does move forward coalition. I say that almost in despera- and of course we are trumpeting and like an inchworm. Maybe it is a wound- tion, a natural coalition, because what paying tribute to some of the progress ed inchworm sometimes, but it moves we really need is a real coalition, and that has been made as a result of some forward. we have had real coalitions, well orga- of the people like Arnold Aronson, but We would not be where we are today nized coalitions. the message to the young people should if it had not been for history moving The Leadership Conference on Civil be that this is the way it was then, this forward. It is made to move forward be- Rights represents a well organized coa- is the way it has to be now, this is the cause there are people like Arnold lition, a coalition that was needed at a way it must continue to be. Coalitions. Aronson that we do not hear about. particular time, and if it had not been You win with coalitions. The caring They swarm like beautiful butterflies; there we would have a very different majority in America is larger than any we do not know they are there, but we scenario for American history. The other group. When you put it all to- only need leadership to call them forth. civil rights struggle and the results gether, the caring majority is big, the And among our young people, they from that struggle would be very dif- caring majority can make America could be and should be part of those ferent. work. swarming butterflies moving together It is important, and I do not want to Most people in America do not want to make America great; behind the be redundant because I think his ac- to live by somebody else’s sweat, they scenes, unsung, doing the hard work complishments have been cited by a do not want to live by somebody’s necessary to realize the dreams that number of speakers, but it is important else’s blood. They do not want to be are here. that we send a message to our young unfair. Most people in America are We have a great potential in this people, young people of all groups, all ready to follow leadership that calls country. We are the richest country races, but particularly young people out the best in them. But unfortu- that exists on the face of the earth. who are African-American. There is so nately, the leadership that gets the Productivity, prosperity, everything is much cynicism, there are so many loud high visibility, the leadership that gets booming forward at this point. Why are voices competing for their attention in the media attention, the leadership there so many people suffering? Why H868 CONGRESSIONAL RECORD — HOUSE March 11, 1997 are there such evil ideas being put port was later issued by President Tru- same policy goal in this House, as forth? It is because so many people man’s Citizens Committee on Civil Members well know. have given up; so many people do not Rights in 1947 and eventually became The second part of the equation is recognize that when we put the coali- the basis for the 1957 Civil Rights Act. empowering people, how we are going tion forward, we are the majority, we Mr. Aronson was also one of the ten or- to empower the individual and not gov- do not have to be beggars. ganizers and leaders of the historic 1963 ernment. That is the logical second Arnold Aronson understood that. He march on Washington. part of the equation. understood the price we have to pay in Throughout his career, Aronson has energy and time and patience to make worked with many organizations span- First of all, putting the brakes to the coalitions work. I salute Arnold ning the entire spectrum of the civil government. I am pleased to sit on the Aronson, and I hope the young people rights movement. He was program di- Committee on the Budget under the will go searching; when they do their rector of the National Jewish Commu- chairman, the gentleman from Ohio book reports and they make their var- nity Relations Council and founder and [Mr. KASICH]. I am pleased to sit with ious presentations during Black His- president of the Leadership Conference Members from both sides of the aisle tory Month, as well as any other time, on Civil Rights Education Fund. He is who are serious about actually bal- that they single out people who have also noted for his attempts to rally ancing the budget, what should be a not been highlighted in the encyclo- Jewish and black communities in the noncontroversial goal in American po- pedias enough, people who have not interest of racial tolerance. litical discourse, but it is. An awful lot been portrayed on the calendars, but I salute the dedication and contribu- of folks we represent do not understand the people who have made history what tions of Arnold Aronson to civil rights. why it is so controversial. it is in terms of the positive movement f As I said earlier, Mr. Speaker, it is forward in America, people like Arnold GENERAL LEAVE Aronson. I congratulate Arnold the natural inclination of people to Mr. CLYBURN. Mr. Speaker, I ask Aronson on his 86th birthday. please. It is the natural inclination of unanimous consent that all Members folks in public office to please. We are b 2045 may have 5 legislative days within politicians. We run for elections. We I congratulate Arnold Aronson on his which to revise and extend their re- want votes from folks. Usually we get 86th birthday. I thank the gentleman marks on the subject of this special those votes by promising people some- for being here. order. Mr. CLYBURN. I thank the gen- thing. Unfortunately, on both sides of The SPEAKER pro tempore (Mr. the aisle over the last 3 decades in this tleman for his statement. Mr. Speaker, ROGAN). Is there objection to the re- town, we have garnered votes by prom- in closing this special order this quest of the gentleman from South ising more government. evening, I thought as I listened to the Carolina? remarks being made by my colleagues There was no objection. For whatever societal ill has come this evening, I thought about the last f about, whatever real or perceived prob- time I shared a lunch, I believe it was TAX AND SPEND lem is high on the national agenda, in Kansas City, with Arnold Aronson politicians have promised more govern- The SPEAKER pro tempore. Under and the things we talked about. ment because it is the easy thing to do. the Speaker’s announced policy of Jan- I thought about many of his succes- It is always easier to say yes than say uary 7, 1997, the Chair recognizes the sors as president of the National Asso- no. It is always easier to create one gentleman from Maryland [Mr. EHR- ciation of Human Rights Workers: Dick more law, to put out one more regula- Lexum in Michigan, Leon Russell, and LICH] for 60 minutes. Mr. EHRLICH. Mr. Speaker, I am tion, to create one more agency, to Albert Nelson in Florida, Mary Snead pass one more statute, because unfor- in South Carolina, Marjorie Connor in going to be joined by a number of our tunately, an awful lot of us run for Michigan, and many, many others. colleagues tonight on the majority side I thought about Martin Luther King, to talk about a couple of issues of great election on records, and those records Jr.’s letter from the Birmingham city importance to the American people. are composed of what bills we have jail. A lot of us read that letter. I try The gentleman from California [Mr. passed in the legislature. to read it at least once a year. There is COX] and I want to talk about an issue We do not measure success by how we a place in that letter where King spoke near and dear to our hearts, reform of have downsized government, we meas- or wrote about people like Arnold estate taxation and the way we tax ure success by how we have increased Aronson. He wrote at one place in his success in this country. the scope of government in our daily letter that we are going to be made to We are going to talk about the bal- lives. That is very unfortunate. I think repent in this generation, not just for anced budget, and the hope for cutting a lot of the folks elected around here in the vitriolic words and deeds of bad the capital gains tax rate in this coun- the last couple of terms understand people, but for the appalling silence of try. Mr. Speaker, what we are really talk- that is not the appropriate measure of good people. what we should be doing in this town, I am pleased to join with my col- ing about tonight is tax and spend: how because we simply cannot afford it. leagues tonight thanking Arnold we tax and why we spend so much in Aronson for being among the good peo- this country. There is a distinction between poli- ple who refused to remain silent. Be- There are really two issues, when we tics and leaders, between politicians cause he spoke up and because he stood think about it. One is how we put the and leaders. Politicians respond to the up, many of us are here in this body brakes on government, because the na- natural inclination for government to this evening, and many of us are in ture of government is to grow always, grow. Leaders will make the right deci- similar bodies all across this country. I at every level of government: local, sions. Leaders will say no, because part can think of no better way to help him State, and Federal. That is pretty nat- of leadership is saying no, and that is celebrate his 86th birthday than to ural when we think about it, because it where the Committee on the Budget is, have participated in this special order is the nature of elected officials to particularly in the 105th Congress. tonight. want to please their constituents. That is what we are going to deliver to Finally, Mr. Speaker, I want to wish Unfortunately, that desire to please the American people, a real balanced Arnold Aronson many, many more has given us an almost $6 trillion budg- budget with honest numbers. birthdays. et deficit in this country, an issue we Mr. BISHOP. Mr. Speaker, I rise will be talking about in greater detail The second part of the equation is, today to applaud the work and char- in the course of the evening. once we get government to stop grow- acter of Arnold Aronson. His distin- How do we put the brakes on the na- ing, how do we empower people? People guished career in civil rights spans ture of government? In Maryland, in want to be empowered. As government nearly 60 years. Mr. Aronson is most the Maryland Legislature, the Mary- loses power, individuals gain power. noted for being one of the founders of land General Assembly, where I came One, we empower people to put more the Leadership Conference on Civil from for 8 wonderful years, we have a money in their pockets so they can de- Rights in 1950 and his draft of the re- constitutional requirement for a bal- cide how they will spend their own port ‘‘To Secure these Rights.’’ This re- anced budget. We are striving for that hard-earned money. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H869 There are two issues I would like to That would be a great thing if it happens? The job creating potential of discuss with my colleague, the gen- worked, but it does not, for two big that business is destroyed so no new tleman from California [Mr. COX] this reasons. First, it does not yield much people will be employed there. But evening, and we may be joined by an- revenue. Less than 1 percent of all of worse yet, the people who did work other colleague, the gentleman from our Federal revenues is provided by there lose their jobs. And what is their California [Mr. RADANOVICH]. They per- death taxes, even though every Amer- rate of tax? It is not even the 55 per- tain to two major issues in the 104th ican knows that there is an army of tax cent, which is a confiscatory rate for a Congress with a common goal: how we lawyers and tax accountants at work in tax on after-tax life savings. It is 100 will empower individuals, how we will the industry of avoiding this tax. percent. They pay a 100-percent tax be- empower people to be successful in life. The second thing is, to the extent it cause their entire income has been I am joined by Mr. COX, and I would is paid at all, rich people are not the wiped out. They have just lost their first like to compliment him on the ones paying it. Rich people like Jac- jobs. great leadership he has shown with re- queline Kennedy Onassis can avoid this This is what is happening to family spect to the first issue, which is the tax, as she did when she passed on her businesses, to small businesses, to way we penalize success in this country estate to her already wealthy heirs ranches, farms across America. It is re- through estate taxation at the Federal with a state-of-the-art trust. Most of sponsible for the loss of both new job level. that tax liability is thereby foregone. opportunities and existing jobs. I know the gentleman has a number Peter O’Malley, who many Ameri- The White House Conference on of comments on this subject, so I yield cans who live outside of California Small Business, whose conferees were to the gentleman from California [Mr. have now come to know as the owner of appointed by President Bill Clinton, COX]. the Dodgers, at age 59 decided that he made repeal of death taxes, not mod- Mr. COX of California. Mr. Speaker I had an estate planning problem. The eration of death taxes, not reform of thank the gentleman for yielding to Dodgers were a family owned business. death taxes, but repeal of death taxes me, and I thank the gentleman for co- They are a local franchise and a local their No. 4 priority out of over 50 legis- authoring this legislation with me. We asset for us in southern California. We lative proposals to help small business now have, as he knows, well over 100 certainly do not want it busted up. in America. This is how great a con- sponsors, Democrats and Republicans, But the O’Malley family, and Peter cern this issue is to small business. in this Congress to do what California O’Malley specifically, looked at the We talk a lot about tax simplifica- did by an initiative of the people; that problems that would be faced for that tion. Do you know how many pages of is, repeal death taxes, the taxes on family owned business if he were to die the Internal Revenue Code are clut- after-tax life savings, at the end of a and he had not liquidated or sold the tered up with the death tax alone? lifetime of hard work. Dodgers and passed them on to some Eighty-two pages of legalese that no A liberal, and I know he is a liberal corporate owner. So with the death tax American can possibly understand because he describes himself as such in at 55 percent, somebody like Peter without the help of a fancy tax lawyer testimony before Congress, professor O’Malley has a pretty big incentive to and tax accountant. That is just the from the University of Southern Cali- convert that tax liability into a capital Code itself. fornia where I went to college said, as gains tax liability by selling the team Then there are several hundreds of an unrequited liberal he was opposed to while he is still alive, and then taking pages of tax regulations interpreting death taxes because they are so anti- those liquid assets and putting them in those 82 pages that, again, you have liberal. He called them virtue taxes. the form of a trust or whatever, the got to have paid professionals to inter- If we think about it, it makes sense. fancy tax lawyers and accountants pret and understand. We are familiar with the notion of a sin come up with to avoid the tax at death, So what happens is that while the tax, taxing tobacco or taxing alcohol as wealthy people are wont to do. Government does not get the revenue or taxing gambling. These are called Rich people do not pay it, and it does from the tax, as I said, less than 1 per- sin taxes. But a virtue tax would be a not provide any revenues. It does not cent of our Federal revenues comes levy by the government on virtuous be- work. It fails the test of empiricism, from this source, tax lawyers are get- havior, such as saving, investing, work- but what it does do is change behavior ting some money. Tax accountants are ing, avoiding conspicuous consumption all over America. Even worse than getting some money. There are a lot of and instead helping other people. that, it busts up small businesses; not, trusts and avoidance techniques that That, however, is what the death tax typically, Peter O’Malley’s Dodgers. are set up that people are investing in. is. It tells someone during her or his They will not be busted up by the es- All of it is make work. No economic life that what they should really do if tate tax on Peter O’Malley’s death, al- product as a result of all this. It is an they can acquire any earnings from though they might be moved out of insipid, wasteful and, I daresay, im- their work is consume it. Do not save L.A. as a by-product of the death tax. moral system. it, do not invest it; use it up, use it up, But family farms, ranches, small busi- I will close with this point and yield but surely do not try and use it for the nesses run by people who are cash-poor, back to the gentleman by explaining purpose of making your family better who have trouble meeting the payroll why I go so far as to say this is im- off. on a weekly basis, will get busted up. moral. I mentioned the reasons that It is ironic, because what that does is Seven out of 10 family businesses, 7 out this is a virtue tax, that it directly dis- act as a repealer on human nature. of 10 small businesses in America do criminates against savings, work, in- After you get done putting food on the not survive the death of the founder. In vestment, the avoidance of conspicuous table and clothes on your back and a 9 out of 10 cases it is because of death consumption, so on, but it is even roof over your head, as a human being taxes. worse than that. It goes further than the most powerful incentive that you What happens is that if you own that in the injury that it inflicts on have to continue working is to help something that is an ongoing busi- Americans. those that you love. nesses, the death tax is applied not to I was talking to a city council rep- So Congress in its infinite wisdom your income, not to your wealth, not resentative in one of the cities that I came up with a tax on that virtuous to your cash or liquid assets, but to the represent. It is a part-time city coun- behavior, on continued hard work even property, and the only way to satisfy cil. And in his real life, in his working beyond what you need for yourself, on that tax is to sell the property in order life, outside of politics, he is an estate saving, on investment, on the avoid- to create a liquid asset, since the Gov- planner and a tax lawyer. He told me ance of conspicuous consumption, and ernment will not accept your business that in a recent day, just before I had called it a death tax, for the reason in exchange for the tax liability. They spoken with him, he had spent the that, I suppose, we could extract a want cash. afternoon with one of his clients on his third time from someone that we had client’s deathbed as that man was pass- already taxed on income during life, on b 2100 ing away. And in the hours that he capital gains during life, more money You have got to liquidate the busi- spent with him, he had him sign docu- for the benefit of everyone else. ness. You have to bust it up. And what ments. H870 CONGRESSIONAL RECORD — HOUSE March 11, 1997 This was at a time when his wife and more jobs would be created and private become commonplace, which ought to his children, his family would have capital would increase $630 billion sim- be considered either the extreme or the loved to be with him and spend their ply by the repeal of this very unfair absurd by us in this, in the form of last moments with him while he was tax. those types of taxes. spending his last day on Earth. But in- And I have to point out one further Granted, there are those that would stead he was with a lawyer signing doc- fact, the wonderful thing about meas- argue that income redistribution is uments. uring Government not by how much it good for the poor and gives a leg up to This lawyer said to me, this city grows but by how much it contracts is the poor and needy. And I just have to councilman who also represented his your bill, H.R. 902. How many pages did say that that is not the case and that neighbors on the city council, that you earlier state this particular tax the American people, who are very gen- none of the papers that he had his cli- takes up in the code? erous people and who are encouraged ent sign had any economic effect. Mr. COX of California. In the Inter- under freedom to take care of their There was really no real life con- nal Revenue Code, 82 pages. weaker neighbors, do not have to re- sequence to any of these things except Mr. EHRLICH. Your repeal takes up 7 sort to a government-imposed tax to this: that if you signed the papers, you lines. That is what we should be about redistribute wealth in this country. did not owe the tax and if you failed to in this town. It punishes accomplishment. It pun- sign the papers, your family would lose I know I have a small businessman, a ishes success. It is an infringement on the life savings that you had put to- good friend, Mr. RADANOVICH, waiting the rights of the family institution in this country and really is counter- gether so that they could keep on to speak on this issue. I welcome the productive. Unfortunately we have got- going. gentleman and I welcome my friend, ten to the point in this country, I guess So the man signed the papers, was Mr. HAYWORTH from Arizona. I yield to that is my observation, that this is ac- deprived of those final moments with the gentleman from California, Mr. cepted. This is the norm. I cannot help his family. The Government got no RADANOVICH. but think about those early explorers money. The tax lawyer got paid and Mr. RADANOVICH. Thank you very of this continent and the Founders of the tax lawyer came to his Congress- much, Mr. EHRLICH. this Nation who had, if they had any As my friend and colleague, CHRIS man and complained, this is not what idea what kind of taxes this Govern- Government should do to American COX from California is one of the many from the 52 Members of the California ment was imposing for the various rea- citizens in their final moments on sons that they do, they would be roll- delegation that traveled to his State Earth. ing over in their graves right now. It is an immoral tax besides being a back and forth, many of us spend long Mr. EHRLICH. I agree with the gen- failed exercise in collecting revenue. I hours, as do you from Arizona, on the tleman and I really think the gen- mentioned, less than 1 percent of the airplane back and forth. I managed to tleman has hit the bottom line. At revenues are provided by death taxes. get hold of an incredible book that I some point in this country, in this very Sixty-five cents of every dollar col- would spend my time reading going House, the collective decision was lected are consumed either in adminis- back and forth across this country. It made to punish success and punish risk trative costs by the IRS or compliance is called ‘‘Undaunted Courage.’’ It is by in the capitalistic society. When you costs by Americans who are seeking to Stephen Ambrose. It is the story of the think about that, it really makes no avoid their tax liability through legal discovery or actually the mapping of sense. means, hiring tax lawyers and account- the Louisiana Purchase by Meriwether I have another question for the gen- ants and so on, who are hiring tax law- Lewis. And he was sent out in the tleman from California, but first I yers and tax accountants to help them 1800’s, 1804, by the third President of want to recognize our good friend, Mr. fill out the paperwork so they can pay the United States, Thomas Jefferson, HAYWORTH of Arizona, who I know has the death taxes that the Government is to explore what was recently purchased some very articulate views on these not getting appreciable revenue from as an addition to the United States. I two issues. in the first place. read with fascination and interest the Mr. HAYWORTH. Well, I thank my This is a miserable idea to have on stories of risk that that man took, colleague from Maryland. the books. It is a failed exercise. What- Lewis and Clark, both of them, and Mr. Speaker, as I was listening to my ever good intention there may have their party, in coming across to dis- two colleagues from California, I been behind putting it on the books in cover this new land and map out this thought some incredibly valid points the first place, we now have nearly a continent. were made this evening in this Cham- century of experience with it. It de- I cannot help but think what either ber to the rest of the American people. serves to die. The death tax deserves to Meriwether Lewis or Thomas Jefferson My colleague from Orange County die, and we should repeal it. And that would have thought had they realized pointing out in a very poignant fashion is why I am so happy to see so many that this country had come to the the human toll, the emotional equation Members here on the floor fighting for point where the U.S. Government is that was sacrificed in the name of ac- that effort. taking away wealth from not even the counting brought about by this radical Mr. EHRLICH. Mr. Speaker, I again rich, I mean this is middle-class stuff redistribution of wealth, this success congratulate the gentleman on his here, and that they are actually into tax, this death tax, and my colleague great leadership with respect to this income redistribution. from northern California, the first issue. We have been joined by two of It was fascinating to make that com- vintner to work in elective office as a our great colleagues, Mr. RADANOVICH parison of when you go back and you constitutional officer since the third of California and Mr. HAYWORTH Of Ari- are privy to so much here in Washing- President of the United States, Mr. Jef- zona. What I would like to do is, Mr. ton about how this country started and ferson, history will provide us the an- COX, I would like for you to comment the founding principles and the people swer whether or not my colleague from on this question as well, because you and the ideas they had and such hope northern California will follow Mr. Jef- have pointed up some very pertinent that they had for the American people, ferson as time passes, but you ask the facts concerning the history of this then come to find out that we are in a question historically, what would our very unfair tax. situation where we are charging cap- founders say, not only explorers such You pointed out that it began as es- ital gains and we are imposing a death as Meriwether Lewis, not only figures sentially a tax on the very, very tax on the American people. Frankly, I such as Thomas Jefferson, but one of wealthy. And it has come to represent just do not think it was really what those great men who really had a life a real punishment scheme against mid- they intended when they put this coun- that in many ways paralleled Jeffer- dle class folks in this country, particu- try together with the ideas that they, son’s, overlapped, Jefferson’s indeed larly small business people. I will just the founding ideas that they came up one of the other founders of this Na- cite a recent study from the Center for with. tion, Dr. Franklin of Pennsylvania, the Study of Taxation wherein it is es- So it is unfortunate, I think, that we Benjamin Franklin, not only one of our timated that over a 7-year period, GDP have come to this position, what we founders but, at the time of this emer- would increase $79.2 billion, 228,000 the American people have allowed to gence on the American scene, one of March 11, 1997 CONGRESSIONAL RECORD — HOUSE H871 our great humorists and philosophers. sophical divide in this 105th Congress day, what we have lived. And my ques- And I believe it was Dr. Franklin, in amidst this era of good feelings and bi- tion to Mr. COX is, how did we get to his writings for Poor Richard’s Alma- partisanship, it is of course the notion where we are? How did the gentleman, nac, who said there were two cer- that our opponents believe, many of who has been a great leader on these is- tainties in this life: death and taxes. them, that a centralized government sues, and others in this body have been But I do not believe even Dr. Frank- redistributing the wealth knows what great leaders on these issues, how did lin, with his prescience, could have told is best. We say the contrary is true; we fail to send the right message to the us that today this constitutional re- that the American people, working American people that we will no longer public would tax people upon their families, since this tax extends now not penalize risk in this free society? death. Of course, in the wake of the to the super wealthy but to those of Mr. COX of California. Like so many largest tax increase in American his- moderate means, who have worked all things, and I thank the gentleman for tory visited upon the American Nation their lives, to, yes indeed, working yielding, these taxes were born of good of the 103d Congress, when our current families, by allowing those families to intentions. Like so many government majority was in the minority, when provide for themselves, by allowing the programs, they started out as simple three of us amongst the four were pri- fruits of their labor to be invested, we things and grew into complexity and, vate citizens, a retroactive tax increase will in fact continue to build this econ- in fact, inefficient complexity, so much at that. omy and continue to be the envy of the so that they fail utterly in achieving Mr. Speaker, colleagues, I have been world. the intended purpose. Capital gains is a across the width and breadth of the So I am honored to be here. I cer- perfect example. Sixth District of Arizona, visiting with tainly appreciate the efforts of my col- As recently as 1978, capital gains a variety of constituents in a variety of league from southern California, and I taxes were even higher than they are town hall settings. And from retire- thank the gentleman from northern now. And in 1978 there was a bipartisan ment communities in Sun Lakes to California, and my good friend, who effort to reduce that rate of tax on cap- high school classes in Fountain Hills to makes, in essence, a half an hour or 45- ital gains. Because back then, in 1978, gatherings in Flagstaff and, indeed, minute commute from his district in people knew if we called it capital this Saturday in Payson, AZ, on topic Maryland, and we invite him out West gains, the country might not under- continues to come up. It is this death to catch up on his reading from time to stand what we were talking about. tax so onerous, so oppressive that we time and also visit with some of our They understood it for what it really pay with a human toll that even as elo- constituents. I think we understand was, a penalty tax on savings and in- quent as the numbers my colleague what is a truth which stretches from vestment. from Maryland offered tonight, takes a coast to coast and, indeed, to the 49th On a bipartisan basis, I remember the human toll not only on the families af- and 50th States of our Union as well. gentleman from California, my Sen- fected, as my colleague from Orange Mr. EHRLICH. I thank the gen- ator, Alan Cranston, my Democratic County, CA pointed out, but also upon tleman for his invitation, it is accept- Senator, fought very hard to reduce what could be the creation of new jobs, ed. that penalty tax on savings and invest- the expansion of wealth, the preserva- Mr. HAYWORTH. Indeed. ment because it was depriving people tion of small businesses. Mr. EHRLICH. I wanted the gen- of the opportunity to work. It was kill- That is why I am so pleased that my tleman from Arizona and my class- ing jobs, to put it quite simply. colleague, Mr. COX, has introduced his mate, the gentleman from California, So we reduced the rate of tax in 1978 legislation. That is why I am honored, to respond to this question, but I will from a very punitive nearly 50 percent as the first Arizonan to serve on the first direct it to the senior member of down to 28 percent. And the truth is House Committee on Ways and Means, this group, the other gentleman from that, although all the government rev- where we have jurisdiction over these California, Mr. COX. enue estimators predicted that we issues of taxation. We have talked about the state of the would lose money, because after all we law. We have not talked about how it made the rate of tax lower, the next b 2115 got to be what it is. We talk about suc- year, what happened? The Treasury of While I am so enthralled with the cess, and the gentleman from Arizona the United States collected more majority on that committee, the gen- and the gentleman from California money in so-called capital gains taxes, tleman from Texas, Mr. ARCHER, and were very eloquent, but when we think it is actually a penalty tax on savings many others, who want to throw off about it, risk is really at the bottom of and investment, than they had the year the yoke of oppressive taxation to offer success, because what do we do in a before. And the same thing happened true compassion to the American peo- free society? We encourage folks, com- the next year and the next year. ple, not some formula for the radical panies, individuals, sole proprietors to It was $9 billion that the government redistribution of wealth that would tell go out and risk sometimes their life got in 1978. They were getting $11 bil- the American public that Washington savings to start a business, to expand lion from that tax at a lower rate of 28 knows best, but a notion that people their business. Within successful risk percent in 1980. could truly put their families first and we have jobs and jobs creation. Mr. KINGSTON. Would the gen- in so doing could provide for others I have a quote from Chairman Green- tleman yield for a question? through the virtues of our free market, span, who appeared before the House Mr. COX of California. Of course. Be that is the challenge that confronts us Committee on the Budget last week happy to yield to my colleague. today. and in front of the Senate Committee Mr. KINGSTON. Would the revenue From Fountain Hill to Sun Lakes to on Banking, Housing and Urban Affairs from capital gains taxes go up because Flagstaff, I am hearing from constitu- in February. On capital gains this there were more transactions, because ents of all ages of their very genuine time. Think about these words: ‘‘I people no longer hoarded their money concern about the death tax, their very think it is a very poor tax for raising but they went back into the market- real reservations about our entire sys- revenue.’’ This is a quote. ‘‘And, in- place and traded goods? tem of taxation, and a notion that, yes, deed, its major impact, as best I can Mr. COX of California. That is pre- some tax must be paid, of course, but judge, is to impede entrepreneurial ac- cisely what happened. Capital gains re- why would we punish success? Why tivity and capital formation. While all alization, and we have the data on that would we punish people who have taxes impede economic growth to one as well as we do on revenues, sky- taken risk, who have provided jobs, extent or another, the capital gains rocketed. So what happened in 1981? We who have helped to build the economy? tax, in my judgment, is at the far end passed the Economic Recovery Tax Act What is inherently selfish about that? of the scale.’’ and reduced that rate of tax still fur- For it is not greed; it is, instead, be- Think about those words from the ther, all the way down to 20 percent nevolence and true compassion through chairman. Think about what we know. from an initial high rate of 48 percent. the free market to offer jobs. Think about what the gentleman hears And once again the government reve- While many in this Chamber may dis- in Arizona, what the two gentlemen nue estimators said if we reduce the agree, and if there is a major philo- hear in California, what we hear every rate of tax on capital gains of course H872 CONGRESSIONAL RECORD — HOUSE March 11, 1997 we will get less taxes. And they ignored come in this business, we will take a peak of his income. He saved his money 3 years of history when they said that. look at their balance sheet and see all his life, buying Exxon stock or IBM, But we then found in 1981, 1982, 1983, what assets they have, and we will the blue chip stuff in the 1960’s and the 1984, 1985, all the way to 1986 that reve- force them to liquidate them and pay 1970’s. Now that stock has tripled in nues went up and up and up, from that taxes on their net asset value. value and he has accumulated assets basic $9 billion at the high rate of 48 So let us say that an individual is, as and he cannot sell it for a medical percent, to $50 billion at a rate of 20 farmers like to call themselves often, emergency or long-term care in his re- percent. cash poor and land rich. The only way tirement now because of the huge cap- And why did it stop in 1986? The gen- an individual could have any money is ital gains tax. tleman asked how we got here from to sell off the whole farm. That is what Another person. A widow. Lives out there. Because Congress decided this the Government wants them to do. on Whitmarsh Island. I represent the had been such a successful experiment That is what they want that family to coast of Georgia. Whitmarsh Island is a moving the rates down, they wondered do. They want the family farm to suf- beautiful barrier island. Actually, it is what would happen empirically if we fer. Bust it up, sell it, corporatize it, not a barrier island, but it is an island. raised them, and they raised the rate of get rid of it, as long as the Government Waterfront property. The woman tax on capital gains back up again. gets its death taxes. bought the land with her husband in Revenues fell off to $33 billion from $50 The only people that are unlucky the 1960’s, and in the 1960’s this prop- billion in 1 year. enough to be in this position are the erty, which is 2 or 3 acres, was worth And as of now, as we debate here to- folks who are cash poor because they $25,000. Today that same piece of prop- night, the Internal Revenue Service’s could not hire the tax lawyers, the erty is worth $500,000. Husband is dead. most recent data are that we still have fancy accountants to do the tax avoid- She is now a widow. She is on a fixed not got back up to the level of capital ance trusts that all the rich do to avoid income and she has a fixed income of gains revenues to the Treasury of the paying this tax, which is why less than about $15,000 a year. United States that we had in 1986, 10 1 percent of our Federal revenues come If she sells the property to raise years later. from this. money for long-term care, she is taxed That is how we got there from here, Even then this is the most inefficient at the $500,000 tax bracket or whatever with the best of intentions. And our way that the Government could imag- she can get for the property. Again, she Government revenue estimators, even ine to collect tax because, guess what? would be helped by a capital gains tax now in 1997, are telling this Congress We do not know what this is worth. We relief. that if we reduce the rate of tax on do not know what the property is b 2130 capital gains, the Government will lose worth. If it has been a family business revenues. Where have we heard that be- for a long time, they have not been Another one, a young person, some- fore? selling it back and forth, it is not a body who is about 38 years old, bought If we did not like all the empirical marketable asset. And if they are bust- some land in a commercial-residential evidence from America, we could look ing up the business, it is no longer a mix area, an area that was going com- at Mexico and other countries that going concern, so what is this asset mercial. It was a house. He paid $35,000 have had this same experience and we worth all by itself? for it 10 years ago. Today that land is could find that, as my colleague points So the family, the heirs, the people worth about $50,000. So he would have a out, there is more economic activity who are trying to carry on that busi- gain of about $15,000. Revco came in, stimulated. When we have a more mod- ness, but cannot, have to get in a law- the drug store, and offered to buy that erate rate of tax, the Treasury makes suit with the IRS. And how often does land from him. He did the math on it out better. this happen? Right now, as we debate and found out that after paying the So if we are worried about education, here tonight, there are 10,000 active capital gains on it, he would not have the environment, transportation, na- lawsuits over the question of valuing made any money off it after holding it tional defense, national security, any- the estate under the death tax. That for 10 years. So he says to Revco, ‘‘No, thing that we would expect our na- eats up all the money that the Federal I don’t choose to sell.’’ What does tional Government to do, we would Government might have gotten out of Revco do? They move elsewhere. That have more resources to do it by pluck- it because we have to argue for years in is two or three jobs right there in his ing the goose more gently. But these court about what the thing is worth. neighborhood that would have been punitive high rates of tax on savings It is a hideous example of govern- created, that needed to be created, that and investment are killing the coun- ment run amok. Perhaps with the best could not be created because the cap- try, killing job creation. of intentions it was put on the books in ital gains tax said no deal. Ultimately, the rich do not pay be- the first place, but it does not work The tax system is slowing down the cause the rich have salted away enough and the death tax deserves to die. economy, slowing up potential for already. The people that pay are the Mr. EHRLICH. I thank the gen- growth, and penalizing our elderly. ones who pay with their jobs. If we tleman for the history lesson. I appre- Those are 3 real life examples that I have a death tax that literally causes ciate it very much. I think we all do. know of. the business, their place of employ- Only in this town do people think Mr. EHRLICH. I thank the gen- ment to be busted up, of course they that when we raise taxes we generate tleman from Georgia. I think it is very lose their jobs. Of course they pay a additional revenue. It just does not important that we in these discussions 100-percent rate of tax. Of course they work that way, and the gentleman’s talk about real people in real life in are the ones bearing the entire burden numbers speak for themselves. History, real situations facing real problems be- on their shoulders. the empirical evidence, speaks for it- cause of the real burden we place on I wanted to make one more point and self. people in this town. yield back. We have talked about how We have been joined by our friend, Speaking of real small business peo- we are punishing success with the the gentleman from Georgia, Mr. ple, I know the gentleman from Cali- death tax. We are also not just punish- KINGSTON, who I know is over there fornia [Mr. RADANOVICH] recently mar- ing people of modest means, we are chomping at the bit as well. I welcome ried, and we all congratulate the gen- punishing people who can barely scrape him to our discussion here tonight. tleman, our good friend. He has a real by, because there is nothing in the Mr. KINGSTON. Mr. Speaker, I life story of his own. death tax that says you have to be thank the gentleman for yielding. I Mr. RADANOVICH. My appreciation making money. wanted to talk about three people who to the gentleman from Maryland and What the death tax says is even I know to be constituents and I have my wife in the gallery says to say though individuals paid property taxes changed their names only. hello. on their assets throughout the lifetime One is a man who worked hard all his Mr. Speaker, the comment that I did of their business, year in and year out, life and had a good income, was not want to make is that, first, in ref- even though they paid income taxes, wealthy, he made about $40,000 a year erence to starting business and what we do not care if they have any net in- his last couple of years. That was the you had eloquently said earlier about March 11, 1997 CONGRESSIONAL RECORD — HOUSE H873 the fact that those who take the risk they decided to get into the business of for the capital gains tax. As my col- should get the reward. social activism by imposing taxes of league from Maryland pointed out, One of the things I find very, very in- such an abnormal nature as these, they since people want to see a reduction in teresting in having taken a certain have made things worse and they have those rates, should we then rename amount of risk on my own in the pri- done a poorer job of it. that the success tax, because you are vate sector is that there are a lot of I think that is sum and total what we taxing and penalizing success. people that are there that want a piece face when we are in Washington, us Mr. COX of California. You might of that that may not have taken that being freshmen and having the privi- have to call a significant part of it the certain element of risk and it is very, lege of being here with the gentleman inflation tax because, just like with very important to understand that that from California [Mr. COX] and the gen- death taxes, there is no rule that says is part of the reward from stepping out tleman from Georgia [Mr. KINGSTON], is you have to be successful in order to and doing something that might be out that we have the ability now to change have to pay it. The capital gains tax, of the norm, in creating wealth or in something like that. But somebody has or what I prefer to call the penalty tax any venture. Those who take the risk to understand whose responsibility is it on savings and investment, might also deserve the reward. They should not be to create wealth in this country, whose be called the inflation tax because, as redistributed. responsibility is it to create jobs, and we all know, we have inflation in this The final point that I want to make, that is something that is a moral im- country and over time it adds up a unfortunately I have to leave the perative that should not be the respon- great bit. Chamber, it is when government begins sibility of the Government. If you buy a piece of land, you buy an to get too big, when it becomes too Mr. EHRLICH. Well put. I thank our asset, you start a small business, just large in the great scheme of things in colleague from California. to use an obvious example of a corner America, when it begins to assume too The gentleman from Arizona earlier grocery store, although we do not have many responsibilities from the Amer- used the phrase that folks, quote, want too many of those, partly for this rea- ican people, when it becomes activist us to throw off the yoke of oppressive son, in America, but let us say you in social issues and begins to get in- taxation. have got a corner grocery store. And so volved in social engineering, you do My inquiry to my good friend is, is you buy the store. The Tax Code says have to dream up quite a few different there anybody in Arizona who thinks that is a capital asset. If you paid ways to raise revenue. What might be they could do better with a few more $10,000 for it 20 years ago, with infla- the norm, and how to levy taxes on, bucks in their pocket, who believes tion, what is that worth today? say, sales tax or income tax, which has that a cut in the capital gains rate, or I do not have my calculator, but any- even been accepted as the norm these elimination of capital gains differen- one can figure out it is not 10 grand days, you can go the extreme on issues tial in this country, will result in an anymore. If you sell the grocery store such as capital gains and estate taxes. awful lot more economic freedom and for less money than you paid for it in the first place, the nominal selling It is because I believe that government capital formation and jobs and wealth price, because of inflation, is going to has gotten far too involved in social is- creation? sues that they have gone so far as to Mr. HAYWORTH. I thank the gen- be more than you paid for it and you levy taxes in areas where the Constitu- tleman for yielding. To answer his are going to be taxed on the difference. tion never meant them to be in the question, what I hear from people of So even though in real life you lost first place. various political persuasions, indeed if money, you are not a rich person, they are going to start requiring you to pay Again, it is not the responsibility, I we return briefly to the political sea- tax on that sales price. think, of the Federal Government to be son, one of the areas of discussion was enhancing the social network or to be The truth is that because we have the notion of helping working families. not indexed for inflation a property getting involved in social activism. I As our colleague from southern Califor- tax, you do not have to make money, would read in the Good Book that nia has pointed out, as our colleague you can be losing money and still owe there is a story in the Bible that talked the gentleman from Georgia has re- a significant tax. It can be a tax that about the man who gave equal amounts counted with real-life experiences, as I wipes out any hope that you have of of money to three different people and hear in town hall meeting after town even surviving, particularly if that was he punished the one who hoarded the hall meeting, there is an insistence, your life savings, particularly if that is money. It is the responsibility of not born of greed but of genuine com- your only asset in life. To take some- Americans, I think, with the money passion and old-fashioned Yankee inge- one’s entire life earnings, their entire that they have been blessed to be able nuity, that people want to hang on to life’s work and tax it all in one ac- to earn, to regenerate that, to create more of their money to save, spend and counting period as if it is just income jobs with it, to reinvest it in their com- invest as they see fit on their families, from a job, particularly when they paid munity, to create jobs for many, many not rejecting the notion of compassion income tax on it all through their life, people. It is not up to the Government but to truly be compassionate. And so is not only double taxation but it is pu- to take that money away and penalize what I hear, to answer my colleague’s nitive and it is an inflation tax, QED. that person for their own initiative and question, is widespread interest in Mr. KINGSTON. If the gentleman somehow be responsible for that moral changing, repealing as my colleague will yield, there is also certainly class obligation of creating wealth and pro- from southern California says, death to envy in this to some degree that we do viding jobs in the community of the death tax, and rethinking and re- have certain politicians playing on Mariposa or Timonium or in Tempe or ducing the capital gains taxes. class envy because they can get re- in some of those other areas. It is not Indeed, we might point out, Mr. elected easier if they stir up income Government’s responsibility to be Speaker, for some of the American peo- groups against other income groups. doing that. It is the individual wealth ple who join us here, as my colleagues Nowadays it just seems to be horrible creator’s responsibility to be doing from Maryland, California, and Georgia to be successful. that. Again, it is just another example have been talking tonight, just a brief For example, in Atlanta we have of somehow, somewhere through the lapse into previous terminology. When CNN. Ted Turner brought it in. If we process of government getting way too we talk about the death tax, it is truth have a capital gains tax reduction, will big and getting involved in way too in labeling, because under the current Ted Turner make out? Yes, he will, and many things that they have dreamt up scheme, in the current lexicon, people I do not think it is a virtue for me to this idea that they should social engi- talk about estate taxes as if this were bash him for that. Is CNN good for At- neer this country and, oh, by the way some sort of palatial gains. It does not lanta? Yes. Has Ted Turner brought they are going to impose a death tax tell us the truth. It is a tax literally lots and lots of jobs to Georgia? He cer- and they are going to impose a capital upon people who die, there is a penalty tainly has. Has he taken lots of risk? gains tax to fund this thing and, by the for dying, and my colleague from Cali- Yes, he has. For that he has been re- way, is the social fabric of this country fornia pointed it out. warded through the accumulation of any better over the last 30, 40, 50 years? I just wonder, Mr. Speaker, if we personal wealth, and I do not think be- I say no, absolutely not. Not only have should also come up with a new term cause of that that I need to sit back H874 CONGRESSIONAL RECORD — HOUSE March 11, 1997 and say, well, let us tax him more be- b 2145 Mr. HAYWORTH. I thank my col- cause he has been successful. Not just Mr. Thigpen, the name of league from Maryland for organizing I was talking to a group of people one the man in this real life example, and this special order this evening, Mr. time, I said, ‘‘When you die, should his family and the people who work Speaker. I would simply point out an- your house be cut in half and part of it there who pay 100 percent tax when other real life example that reaffirms go to the Government? If you have two they lose their jobs, not just the loss to the fact that this even affects working cars, for example, should one go to society of this tree farm, which has families. your children and the other one go to won environmental awards, not just Once on national television, on C- Uncle Sam?’’ They said certainly not. I the fact that the whole business is SPAN I, one morning one of my con- said, ‘‘You realize,’’ and maybe the going to be wiped out, not just the un- stituents called in discussing his situa- gentleman could correct me if I am fairness of it all, but environmental de- tion in Pinetop/Lakeside, the fact that wrong, but I believe the threshold is $3 struction on top of it, improper stew- he was a working man, and as my col- million, ‘‘if you have an estate of $3 ardship of our natural resources, be- league from California pointed out, be- million, the tax rate becomes 53 per- cause the Government is so ham fisted cause of inflation involving some of his cent, I believe, or thereabouts.’’ and foolish about the way it collects land holdings, land that he had in- Mr. COX of California. Fifty-five per- revenue. vested in, pinching pennies, if you will, cent, actually. Mr. EHRLICH. Mr. Speaker, the gen- trying to take care of his family and Mr. KINGSTON. OK, 55 percent. So if tleman from Georgia brings up a really also provide for them. When he chose you have an estate of $3 million, when interesting point which was really part to sell that land, he was penalized; he you die Uncle Sam is going to get half of our earlier discussions concerning remained in essence cash poor. That is of it. Not your children, not your how we got here, how we got to where the unfairness of the success and infla- grandchildren, not your friends, not a we punish people who go out and take tion tax otherwise known as the cap- charity, but Uncle Sam. You talk to risks and accumulate capital and cre- ital gains tax. people about that, they do not realize ate jobs. And the gentleman talked I thank my colleague from California that, because most of us will not accu- about class jealousy, class warfare, and for giving us a real life example of mulate $3 million, unfortunately. But is it not true that unfortunately in what happens when a group of people still, just because they have been suc- American politics today class warfare, say death to the death tax. It can pro- cessful, they have to have a 55 percent successfully argued, leads to votes? Is vide new economic life and vitality for tax rate when they die. that not a proven formula? Is that not scores of Americans. It offers true com- Mr. COX of California. If the gen- unfortunate? Is that not an unfortu- passion not through the radical redis- tleman will yield, it is very important nate comment about the state of de- tribution of wealth, executed by Wash- to stress this point. It is the one that bate in our country today when it ington bureaucrats, but through the my colleague from Arizona just made a comes to what should be relatively— drive, energy, tenacity, and ingenuity moment ago. This is not a tax on es- and I understand the gentleman from of the American people who are willing tates as in mansions or what have you. Arizona talked about earlier there are to save, spend, and invest in their own Imagine, for example, a real-life ex- philosophical differences, legitimate families, give of their own hearts to ample of a tree farm. Let us imagine philosophical differences, on the other charity and in essence help provide for that the land that underlies the tree side, but the fact is and the evidence, the next generation. farm is worth $3 million. But let us as the gentleman from California has Mr. EHRLICH. Mr. Speaker, I thank imagine that this tree farm, as it cur- articulated tonight, the evidence is all my colleagues. rently exists, has been very carefully such that decreasing taxes, ceasing the f husbanded by, as is true in this case of punishment of success results in eco- TIME TO END CORPORATE the Mississippi tree farmer, the grand- nomic growth, but not necessarily WELFARE AS WE KNOW IT son of slaves, who has gotten not only votes. his family but a whole lot of the people Mr. COX of California. If I might just The SPEAKER pro tempore. Under a in the area employed there. interject, one of the reasons you see previous order of the House, the gen- And then let us imagine that this some Californians out here on the floor tleman from New York [Mr. OWENS] is man is getting on in his years, and he is that California repealed our death recognized for 5 minutes. is beside himself because he cannot tax by the initiative of the people, and Mr. OWENS. Mr. Speaker, it is time think of any fancy estate planning every time you hear somebody say to end corporate welfare as we know it, technique that will keep that tree farm class warfare, you know only some and many of the kinds of tax cuts we alive. When he dies, he is looking death small segment of the population will are talking about before for individ- in the eyes now because he is on in go for repealing death taxes, do not be- uals, certainly the capital gains tax on years, he knows that his family, his lieve it. The most populous State in homes, would be eliminated or could be sons and what he considers to be his the Union repealed our death taxes by eliminated if we were to go after our extended family, the people who work an initiative of the people, and we can Tax Code and make the necessary ad- on that farm, are going to lose their do it in the people’s House. justments and close the loopholes and opportunity to run it, the thing that he Mr. KINGSTON. If the gentleman end corporate welfare. It is time to end built up throughout his life, because will yield, you know what this is corporate welfare as we know it. Great they are going to have to liquidate it, about, as Mr. COX just said, this is not injustices have been done over the past sell it, put it on the auction block in about protecting the assets of wealthy 2 years as we have sought to cut back order to pay the tax man, and there families so that when the oldest person on expenditures. We have gone after will be no more tree farm. or whoever dies that it can be passed the poor, we have used a microscope Do you know what is going to happen on and then the rich can remain rich. and focused it on the weakest and poor- to that land? It is going to be devel- This is about economic prosperity, cre- est of Americans. oped. It is going to be subdivided, it is ating an American dream that is acces- A great injustice has been done in going to be purchased by somebody sible for everybody where the unem- the welfare cuts. It is estimated that as who is going to put houses on it, a ployed can get a job, get on the eco- many as 2 million children will go hun- shopping center, a strip mall or what- nomic ladder and go out and share in gry as a result of welfare cuts. A great ever it takes commercially to take ad- the American dream through upward injustice has been done in the immi- vantage of the fact that after capital mobility. We are talking about a tax gration reform. The cuts that take gains taxes, after death taxes and so system not to protect the rich but to place as a result of immigration reform on, this has some economic viability. create opportunities for everyone so are elderly people who are not citizens, So somebody who buys this property is that the American dream is accessible. who in large numbers will end up going going to want to make money on it, be- Mr. EHRLICH. I thank the gen- hungry, and some will starve, you cause that is life, and we now have, tleman from Georgia. know. And now we have a situation with death taxes, an additional cas- The last word goes to my colleague where we place a microscope on the ualty. from Arizona. poor who receive Social Security and March 11, 1997 CONGRESSIONAL RECORD — HOUSE H875 other groups that receive a cost of liv- uals, we ought to cut taxes for fami- the part we want you to enforce, and if ing index increase from year to year, lies. The problem is that the swindle you enforce that, we will realize a min- but mostly it is people on Social Secu- comes when you have had over the last imum of $70 billion in this year because rity. 20 years a tremendous increase in the we are talking about the law not being A lot of us worry about tampering taxes on families and individuals while enforced for the past 3 years. with Social Security. Yes, they are corporate taxes have gone way down. If you go back and look at the failure tampering with Social Security, they Corporate taxes were almost at 40 per- to enforce the law, you will find that a have already tampered with it when cent at one time while individual taxes number of corporations have violated they made a great cut and took away were 27 percent. Now corporate taxes in large numbers, and if you apply a the entitlement for Aid to Families are down to the level of about 11 per- penalty, and it is a pretty stiff penalty, with Dependent Children. That is part cent, and individual taxes and individ- the penalty is 39.6 percent. That is a of the Social Security Act. ual family taxes are up at 44 percent. penalty. If you apply the penalty for Now the CPI discussion, the discus- So one of the days that we want you the people who have violated it, it will sion about how to change or tamper to watch is tomorrow when we launch generate a windfall of $70 billion. with, sabotage, the Consumer Price the war against corporate welfare, and This is a letter to my colleagues ask- Index is another method, another tool, we will lay out the details as to where ing them to sign on, and I hope that for oppressing the poorest and the you can get billions of dollars from the those who are listening will take a weakest people in our society. The mi- loopholes that will be closed and the look at the letter to Commissioner croscope is now on the poor people who various other programs that will be Richardson and will sign the letter. receive cost of living increases. Most of eliminated that constitute corporate Needless to say, we are preparing de- those people are on Social Security. welfare. tailed proposals for the expenditure of So instead of doing that, you know, We are going to add to that, and part this windfall of revenues resulting from why do not we go after the really big of that list is a step to enforce the Tax enforcement of the law and the collec- money? Instead of squeezing the little Code that exists now which does not re- tion of the penalties. We want to deal people, you know the cuts in welfare quire any legislation. with this year’s budget in the process produced small amounts of money be- The other day I want you to remem- of balancing off expenditures against cause you were dealing with 1 percent ber, and you cannot forget it, is April revenue. of the total Federal budget. If you go 15. April 15 is the deadline for filing in- The progressives and liberals have after corporate welfare cuts, you are come tax returns. Nobody forgets that. not dealt with revenue in a proper fash- dealing with the really big money. The Most Americans, vast number of Amer- ion over the last 50 years. We have al- big money is in corporate welfare. The icans, the great majority, obey the Tax ways been concerned with how will the big money is in the Tax Code, the tax Code. We have more tax compliance in Government take care of the needs of giveaways, and today I am going to this country than we have in most the people in terms of expenditures. We talk about the big money is there be- other industrialized nations. have not looked enough at how the rev- cause the Internal Revenue Service re- Americans obey the Tax Code; they enue side works, where the taxes are fuses to enforce the Tax Code properly. respect the law. Individuals and fami- coming from and what the injustices Mr. Speaker, their refusal to enforce lies respect the law, and they obey the are there. the Tax Code properly wastes large Tax Code. The pattern I have described repeat- amounts of money. We can get as much On the surface corporations obey the edly here is that over the years because as $70 billion in this present year if Tax Code, but if you look closely, there of the fact the progressives and liberals they would just enforce the Tax Code are some instances where not only are and people who care about the major- properly. We can realize a $70 billion the corporations not obeying the Tax ity of Americans have not looked at windfall as a result of enforcing the Code, the Tax Code that already exists, the tax side, they have swindled us by Tax Code properly. That 70 billion or but they are also not being bothered by steadily reducing the tax burden of cor- more, I am going to talk about that in the IRS. porations while they steadily raise the a minute. The Internal Revenue Service is not burden on individuals. I wanted to emphasize two important seeking to enforce the Tax Code. We So I want to call this letter to your dates. One date is March 12, tomorrow, are going to talk about that. attention, and for those who are inter- Wednesday, when the progressive cau- Why is the focus always on the poor ested I want to submit it in its en- cus will launch the war against cor- and extracting more from the poor, and tirety. Mr. Speaker, I want to submit 2 porate welfare. We are being joined by we never seem to see the obvious, and items for the RECORD. One is a Dear members of the Black Caucus. There that is that great amounts of money Colleague letter to my colleagues in are a number of other Members that do are being wasted in the Tax Code. the Congress asking them to join me in not belong to any caucus. We are being Great amount of moneys are not being this communication with the Tax Com- joined in launching a full-scale war collected. We are giving a free ride to missioner, and the other is the letter, against corporate welfare. That is corporations. the actual text of the letter to Internal going to take place tomorrow with a Now I have sent out, and this is com- Revenue Service Commissioner Mar- press conference to start the process plicated. I intend to take it slow and garet Milner Richardson. where we will list 15 items, 15 cor- submit for the RECORD, for those who Now this is part of the opening war porate welfare items, items where are interested, a number of documents against the war that will begin tomor- large amounts of money will be gen- that will help you if you want to find row against corporate welfare. Mr. erated. out what the background is all about. I Speaker, I submit in its entirety for Now, we are doing this under the have sent a letter to my colleagues the RECORD, these two documents: aegis of the Progressive Caucus, but we asking all of my colleagues who are in- FEBRUARY 12, 1997. are happy to announce and would like terested to sign this letter to the Inter- DEAR COLLEAGUE: I am writing to request to call the attention to everybody that nal Revenue Commissioner. We have your support and signature for a letter to the sent out a letter to the Honorable Mar- Commissioner of the Internal Revenue Serv- the chairman of the Committee on the ice which may immediately generate more Budget, Mr. KASICH, is also waging his garet Milner Richardson, and we are than 70 billion dollars in revenue. No legisla- own small-scale war on corporate wel- going to send a letter out as soon as we tion is required. No new rule-making is re- fare. At least he is using the right lan- get some additional signatures, and quired. This effort only requires the Depart- guage, but he does not want a real war; this letter is just saying Dear Commis- ment of Internal Revenue to enforce existing he wants a few brush fights. We want sioner Richardson, please enforce the law. to go further and lay it out for the law; please read the Tax Code and en- Please read the attached letter. In sum- force the law. There is a simple section mary, it contends that many corporations American people: Yes, your taxes have been acting in violation of the law. ought to be cut. of the Tax Code, Sections 531 to 537 of Since these corporations have been purchas- I agree with the substance of what the Internal Revenue Code, which deals ing large quantities of their own stock, they the gentlemen were saying before. We with violations related to unreasonable have been acting in violation of the ‘‘unrea- ought to cut taxes for ordinary individ- accumulation of surplus, and that is sonable-accumulation-of-surplus’’ provisions H876 CONGRESSIONAL RECORD — HOUSE March 11, 1997 of sections 531–537 of the Internal Revenue These enormous buybacks demonstrate amended the statute by adding section 532(c), Code. At present these violations are accel- clearly that America’s largest corporations ‘‘The application of this part to a corpora- erating. are accumulating profits and earned surplus tion shall be determined without regard to Please read the attached letter thoroughly. far beyond the reasonable needs of their the number of shareholders of such corpora- Within five days we will be forwarding it to businesses, and in virtually every case they tion.’’ the Internal Revenue Commissioner and we are paying dividends that are a very small Please understand, Commissioner, that need your signature. To offer your support fraction of their earnings, often less than this is a simple request from elected rep- please call Kenya Reid or Jack Seder at (202) 20%. For example, in the two years 1955–56, resentatives of the American people that 225–6231. IBM earned about $9 billion, or $21.00 plus your office immediately take steps to en- Needless to say, we are preparing detailed per share. Of this amount, it paid out com- force the law. proposals for the expenditure of the windfall mon dividends of only about $1.4 billion (2.80 We look forward to an early response from revenues resulting from an enforcement of per share). All of the rest—and then some— the Internal Revenue Service. the law and a collection of the penalties. went to buy its own stock * * * $5.5 billion in Sincerely Yours, Probably we will propose that one half of all 1995 ($4.6 billion common and $870 million MAJOR R. OWENS, such penalty revenues collected should be Preferred) and $2.3 billion in the first half of Member of Congress. used to reduce the deficit. The remaining 1996, with the two-year total probably $10–11 b 2200 half should be used for one-time capital ex- billion. (True, IBM has a multi-billion cap- penditures for education, job training and ital spending program, but this is much more Mr. Speaker, I am one of those who is job producing work projects. than on amply covered by its huge additional not ashamed to be called a liberal. In A clearly enunciated, innovative but prac- cash flow of $10–12 billion for the two years, fact, I am proud of it. I am a liberal, I tical tax and revenue policy is a long over- from sale of capital assets and from items am progressive, all of those kinds of due need for Progressives, Liberals and all others who represent the Caring Majority in that are deducted on the earnings statement things that people seem to shrink away America. Before the completion of the budg- but do not involve cash outlays, principally from. Our group has not disappeared. et and appropriations process we must depreciation, amortization and deferral of Contrary to rumor and some of the enunciate such a policy. While a wise, com- income taxes.) talking heads on TV, we are alive and We ask you this. Is there not here, and in passionate and practical spending program dozens of similar cases, a clear cut case for well and there are more of us than must remain a priority, we must elevate our immediate assessment of the 39.6% penalty some people think. advocacy of tax and revenue measures to the on all amounts used for stock buybacks? Is We really represent the majority of same priority level. Americans. If you care about people, if At the center of the Caring Majority’s pol- there any need to get into an elaborate dis- icy must be the commitment to significantly cussion of reasonable needs of the business you want to see the wealth of America reduce taxes for middle and low-income fam- as envisioned by sections 533 and 537? distributed in a way that benefits all ilies and individuals in America. To offset To be specific: Americans, if you want to see our soci- (1) These corporations are paying very such reductions in the overall income tax ety hold together, the society, if it small dividends, amounting to a small frac- revenues we must increase income taxes paid holds together, will protect everybody, by corporations. tion of their earnings. (2) Therefore, since prima facie the surplus and the people that have the most to It must be noted that the overwhelming re- gain from a society that holds together liance on income taxes is a subject that de- they have used to buy their own stock has serves thorough discussion. It is time to ex- been accumulated beyond the reasonable are the rich. The rich have the most to amine more closely the possible revenues needs of the business, the 39.6% penalty lose if our society breaks apart as a re- that might be derived from selling and/or should be assessed. Our study of earnings sult of extremism and rampant injus- leasing the spectrum which is owned by all statements, cash flow statements, and bal- tice. Americans. Greater revenues from the sale ance sheets leads us to conclude that in What is happening now in Albania, and/or lease of other citizen owned property many cases the 39.6% penalty might reason- the society is about to fall apart be- ably be applied to even larger amounts than must also be on the agenda of prospective cause the government did not regulate sources. A ‘‘value added’’ or some similar big the stock buyback amounts. But that would trigger an extended discussion of needs of the capitalists. It is as clear as that. ticket item consumer tax must not be ruled The Communists had been ruling in Al- out. the business and other considerations. These are all tax and revenue consider- It seems to us that our suggestion has the bania for all of those years, and finally ations to be discussed over the next few virtue of elegant simplicity: ‘‘You spent a the poor people of Albania had a break, weeks. The business at hand now is the en- billion dollars on stock buybacks. Your pen- they had democracy, they had capital- forcement of the present tax code. This alty is 39.6% or $396 million.’’ We suspect ism, and they allowed swindlers to should be the core of our 105th Congress that the Commissioner could do this in a come in with pyramid schemes that budget and appropriations program. I look one-page notice * * * or two pages at most. We suggest penalties for 1994–96 because it probably most Americans would clear- forward to hearing from you. ly understand. But these people were Sincerely Yours, was during this period that public company new to capitalism, and the new pennies MAJOR R. OWENS, stock buybacks exploded to 12-figure totals. Member of Congress. In addition, we are not clear as to whether they had, they put them into pyramid the statute of limitations would bar these schemes. And they were swindled to CONGRESS OF THE UNITED STATES, penalties for 1993 and earlier years. Even if it the point where we had a revolution HOUSE OF REPRESENTATIVES, does, we suspect that many 1993-and-earlier break out, a violent upheaval break Washington, DC, February 12, 1997. corporate returns are still open while other out in Albania. Hon. MARGARET MILNER RICHARDSON, issues are being discussed and negotiated. In So it is to the benefit of everybody Commissioner, Internal Revenue Service, this connection, we ask you to take note of the fact that, while the dramatic surge in that the society hold together and, Washington, DC. therefore, a just system of taxation is DEAR COMMISSIONER RICHARDSON: My col- stock buybacks began in late 1994, some very leagues in Congress who have joined me in large amounts were spent many years ear- very important for that to happen. signing this letter are very much concerned lier. The Soviet Union’s economy is col- about a major loss of federal tax revenue re- Several giant corporations have been buy- lapsing because nobody wants to obey sulting from the failure of the Internal Reve- ing back their stock for ten years or more. the Tax Code. When the big corpora- nue Service to apply against giant corpora- As you know, the unreasonable-accumula- tions stop paying and they cannot col- tions the unreasonable-accumulation-of-sur- tion-of-surplus penalty provisions have been lect from them, we have chaos. So if in the income tax law since it was adopted in plus provisions of sections 531–537 of the In- they cannot pay the Social Security, ternal Revenue Code. 1913. Despite the fact that the statute as We believe that the IRS could—and originally enacted (and re-enacted a couple equivalent of Social Security in the should—immediately assess section 531 pen- of dozen times in successive revenue acts) Soviet Union, pensions, they cannot alties on the more than $275 billion that made absolutely no distinction between pub- pay it, they cannot pay government America’s largest corporations have spent to licly-owned and private companies, the prac- workers. buy their own stock in 1994, 1995, and 1996. tice and the general understanding was oth- Mr. Speaker, the head of the Soviet These penalties at 39.6% would total over 100 erwise. As Mr. Justice Harlan put it in 1969, Nuclear Science Development recently billion dollars. Stock buybacks by America’s quoting (or paraphrasing) Bittker and committed suicide because this man great public corporations are all the rage Eustice, ‘‘In practice, the provisions are ap- who headed a very prestigious organi- these days, according to the financial media. plied only to closely-held corporations, con- zation, guided his country into the pin- Total buybacks by corporations are reported trolled by relatively few shareholders.’’ (U.S. to have risen from $20–35 billion per year in v. Donruss, 393 U.S. 297). nacles of nuclear war weaponry, was a 1990–93 to $70 billion in 1994, just under $100 However, this de facto moratorium on ap- person with great status among other billion in 1995 and probably over $110 billion plication to public companies ended abruptly scientists with great status, found him- in 1996. in 1985. Congress in the Revenue Act of 1984 self in a position where he could not March 11, 1997 CONGRESSIONAL RECORD — HOUSE H877 get his scientists paid, his technicians; only are we wasting money, but people before, March 12. I will be joining with the whole establishment could not get are dying. Lives are being lost as a re- them to present a plan for eliminating, paid. They were behind many months sult of our inefficient, ineffective CIA or at least cutting back, 10 of the most in pay and they were promised that that will not even reveal its budget to egregious and outrageous budget-bust- they would be paid. And when the pay- us. ing corporate welfare programs. I think check finally arrived, it was 1 month So we want to end the waste. Lib- we raised that number to about 15. We only. He took out a gun and blew out erals want to end the waste. Progres- are going to add a few items, about 15 his brains. It is that bad in the Soviet sives want to end the waste. We need items that are budget-busting cor- Union. the money in Brownsville, a part of my porate welfare programs that we will When you have a complete collapse district that is the poorest district, we describe. We will lay out a plan for re- of a society because there is no respect need the money in Flatbush, we need ducing them tomorrow at the progres- for the Tax Code, no respect for the tax the money in Flatbush, we need the sive caucus press conference to launch laws, that is what happens. There is a money back in the district to rebuild our war against corporate welfare. great danger, if you let any segment of schools. We need the money in 1,000 dif- Our caucus has been researching and the society ignore the tax laws, there ferent ways which will benefit the soci- putting together a program to cut back is a great danger that you will get into ety far more than pouring it down the on corporate welfare and save the tax- a situation where you cannot enforce drain through corporate welfare and payers billions of dollars in 1 year and any of them. The little guys, the people unnecessary expenditures for the CIA over $250 billion to $300 billion in 5 out there who would be rushing to pay and for the Department of Defense. years. I am proud to say that we have their taxes on April 15 or before April Mr. Speaker, I am disturbed and now added to our program, as I said, 15 obeying the law would not like to troubled by this, and so are many more my own corporate welfare measure see the situation mushroom that I am of my fellow liberals in Congress and that would save the taxpayers maybe going to talk about tonight, and that is elsewhere. But something else that dis- $60 billion to $70 billion in the first a part of the Tax Code is being totally turbs me and troubles me is the view year of savings. Within that amount, it ignored and no effort is being made to that the entire burden of balancing the will be $60 billion to $70 billion of that enforce it. budget should be borne by children total, and over the total program it Mr. Speaker, we are calling on the whose parents happen to be drawing will save far more, twice as much as Commissioner of the Internal Revenue welfare checks. I am pleased and de- that. Service to enforce the law. We do not lighted to hear my colleague, the gen- One of the most flagrant examples of need legislation, we do not need any tleman from Ohio [Mr. KASICH], tell us corporate welfare results from a failure hearings, just enforce the law that al- again and again that, if we are going to of the Internal Revenue Service, as I ready exists. cut back on aid to dependent children, said before, to enforce a provision of It is not true, it is a bum rap that lib- we should go after corporate welfare the corporate income tax law that is erals have a one-track mind. We are ac- too. already on the books. It does not take cused of wanting only for the Govern- I congratulate Mr. KASICH, the Re- a new bill in Congress or a new law. All ment to spend more. We want to end publican chairman of the Committee it takes is for the IRS to obey the man- waste, we want to trim the budget, we on the Budget. That takes a lot of guts. date of the present law. want to streamline government, we He is willing to at least fight a brush By the way, I am not talking about want the most efficient and the most war with the corporate welfare people. something that is new in the present effective government. That is a beginning. With his powerful law or was recently added to the I am profoundly troubled by our huge voice, we hope that he will continue to present law. This is a provision that deficits and the fact that, although forge forward and begin to listen to was adopted in 1913. It was adopted in they have declined in the last few what we have to say to him as we 1913 as an integral part of the basic in- years, it looks as though they will launch our war against corporate wel- come tax law. I am saying that the tax- start growing again in the next cen- fare from the level of the Progressive payers have lost over $60 billion tury. What kind of national debt will Caucus and the Black Caucus and oth- through its failure to enforce the law. we leave to our grandchildren? We hear ers who want to finally see some jus- This is over the past 3 years. It should a lot of talk about this from the other tice take place in our revenue system. assess at least that amount against side of the aisle, but we are all con- In fact, corporate welfare costs the dozens of large corporations right now cerned. Some wild guesses from the taxpayers much, much more than per- in 1997. right are that we will leave a $6 trillion sonal welfare. If we add together the The corporate income tax law man- or maybe even a $10 trillion debt. When amount the Government spends for dates a very heavy tax penalty on cor- these people talk about leaving this various corporate subsidies and the porations that let their profits pile up debt, they do not talk about excesses of amounts of revenue that the Govern- far beyond the reasonable needs of the kind that we have experienced over ment loses through all kinds of vari- their businesses instead of paying divi- the last 2 years where $13 billion was eties of tax breaks and loopholes for dends to their stockholders or owners. added to the Department of Defense business, the total of corporate welfare The law mandates a penalty of 39.6 per- budget, $13 billion more than the Presi- takes a much larger part of the Federal cent of the amount involved. That is dent had requested. budget than income support for the the same as the top personal income I think the President had requested very small, those people who are under tax rate on those with incomes well too much. The cold war is over, but we 65 and who need it. over $100,000. are still spending at an enormously Also, we might add to that the people This is a very stiff penalty, 39.6 per- high rate for our defense. We still have who are going to suffer as a result of cent. That is how you will realize a the same size operations for the CIA. Medicare cuts and Medicaid cuts. If great amount of money if that penalty The CIA budget has not been reduced. you have the CPI, if you bring in is invoked. If it is utilized, that weapon It is a secret budget, of course, so I changes to the Consumer Price Index, of the Internal Revenue Service is ap- cannot stand here and say that I defi- which eliminates or reduces the cost- plied, if the corporations are forced to nitely know that to be a fact. The of-living increase, the COLA, for the el- obey the law, we are going to have budget is still secret, which is one derly, we are making them suffer un- those kinds of payments coming due. more indication of how backward we necessarily, and the amount of money Let me just read that again: The cor- are. The cold war is over, but the CIA that is involved there is far less than porate income tax law mandates a very budget remains secret. the amount of money that is going to heavy tax penalty on corporations that We have evidence cropping up all the waste via corporate welfare. let their profits pile up far beyond the time, evidence being revealed that Mr. Speaker, I am deeply concerned reasonable needs of their businesses in- there is a great deal of waste at the about how much corporate welfare is stead of paying dividends to their CIA. The people that are being paid to costing the taxpayer. I will be joining stockholders or owners. The law man- spy are selling the secrets of the people with the other 56 Members of the House dates a penalty of 39.6 percent of the they are spying on. And as a result, not progressive caucus tomorrow, as I said amount involved. That is the same as H878 CONGRESSIONAL RECORD — HOUSE March 11, 1997 the top personal income tax rate on Consumer Price Index. People who focus it on the White House, but if you those with incomes well over $100,000. ought to know better are turning away have an objective study and you focus Hundreds of corporations have adopt- from a discussion of where the real it in other directions, you will find it is ed the practice of letting their profits money is to a discussion of how can we also happening in the other party, also. accumulate, and then, instead of pay- squeeze more money out of the poor, It happens that there is too great an ing dividends, as they should, using the how can we change the Consumer Price amount of money that is required to accumulated millions or tens of mil- Index, how can we tamper with that in run for office. We know that. We are lions, or in some cases billions, to buy a way which will produce savings on too cowardly to do anything about it. back their own stocks on the New York the backs of the poorest people in We need a constitutional amendment Stock Exchange or the over-the- America? which definitely allows Congress to set counter market. b 2215 limits on the amount of money spent The amounts involved are in the bil- for campaigns. lions of dollars, in fact probably at Buying back their stock supports the This is a problem that we can solve, least $300 billion in the 3 years, 1994, price of the stock when a corporation but nobody has the guts to really go 1995, and 1996. Hundreds of corporations does that. Maybe it moves it higher. It after it. Anybody who talks about the have adopted the practice of letting makes the stockholders happy, those problem and does not want to go all their profits accumulate, and then, in- who do not exactly know what is hap- the way to a constitutional amend- stead of paying dividends, as they pening and would prefer to have the ment to limit the amount of expendi- should, using the accumulated millions stock. Nobody gives them the choice of tures on campaigns is a hypocrite. or tens of millions, or in some cases, whether they would like to have their They really do not want to solve the billions, to buy back their own stock. stocks at a higher level or the divi- problem. They want to play games Mr. Speaker, one huge corporation, dends. Nobody really gives them that with the American people. Too much whose name is a household word known choice, but it does make them happy to money is needed to run for office. to every American, earned over $5 bil- see the stocks rise. It also gives the ex- There are too many opportunities to lion, or $10 per share, in 1996; earned ecutives bigger profits on their stock bribe anybody running for office indi- over $5 billion, or $10 per share, in 1996, options and maybe they get bigger bo- rectly. Legal bribery is taking place all but it paid its common stockholders nuses as a result. the time. We need to deal with that. only about 14 percent of that amount It makes some of the stockholders Corporations certainly have a lot of in dividends, $700 million, or $1.30 per happy for another reason. It saves money. They are able to lobby hard. share. It has used most of its earnings, them from having to pay taxes that They are able to influence how the Tax upwards of $3.5 billion, to buy back its they would have to pay on large divi- Code is written. If they won through stock on the New York Stock Ex- dends that the company paid to them. that avenue, we have to wave a white change. Thus, many companies are using accu- flag and surrender. But they did not I hope my colleagues are listening to mulated profits to buy back the stock win that way. I am sure they tried to these numbers. I hope my colleagues in order to protect their stockholders change the law. The law has not been heard the previous discussion about from income taxes that they would pay changed. spreading the wealth, how people if the company gave them a decent div- I want to make it clear that I have should get their taxes back, more idend instead of a tiny one. not seen any corporation’s income tax money in the pockets of Americans to The law says when a corporation does return and I do not ever expect to. Not generate a more vigorous economy. this it must pay a penalty, a high 39.6 only the tax returns themselves, but Would we not generate a more vigor- percent penalty. Listen carefully. What also all discussions and negotiations ous economy in America if we had the I am saying is that it is against the between the IRS and any taxpayer, cor- stockholders pay their dividends? Huge law. It is against the law to plot to as- porate or individual, are totally pri- profits are made. Instead of taking sist the stockholders in avoiding the vate and secret. That is the way it those profits and hoarding them in the payment of income taxes. It is against should be. I do not speak from knowl- corporate structure, buying back the the law. That is what this is all about. edge of having examined anybody’s tax stock, why not spread the money out The law says when a corporation does returns anywhere. into the economy, give it to the people this it must pay a penalty, a high 39.6 But large publicly owned companies who deserve the dividends, have earned percent penalty. do publish their financial statements. the dividends, and let them invest the All it takes to inspire greater respect My staff has examined hundreds of money as they see fit. We could have a for the law is for the IRS to assess quarterly and annual earnings reports more diverse, more vigorous economy these penalties on several hundred cor- for 1994, 1995, and 1996. We have found if the corporations paid dividends in- porations, but it does not seem to be more than two dozen companies with stead of hoarding the money in these doing this, as far as I can find out. If stock buy-backs amounting to $1 bil- buy-backs. you would enforce the law on some cor- lion. Over the 3 years a dozen corpora- Why did the corporations do this? porations the word would go out, be- tions have over $2 billion of buy-backs, Well, they do not invite me to their cause over the years they have stayed and a handful over $5 billion in buy- board meetings, and they are very away from doing this; but in the last 10 backs. These are the buy-backs which careful not to say much about what to 15 years there has been a gradual in- are not legal. they are doing in their earnings reports crease of corporations hoarding their If the IRS were to assess the 39.6 per- or in their press releases or other com- money, buying back their stock, cent penalties against these dozen cor- munications to their stockholders and watching over their shoulder to see if porations, the tax penalties would the public. That includes they do not the IRS would do anything about it, amount to several hundred million dol- say much to the SEC, the Securities probably. They have the best legal lars in almost every case, and well over and Exchange Commission, about this minds, so it is not by accident they are $1 billion for a few of the individual either. The agency that regulates them doing what they are doing. corporations. does not get much information of this But it is against the law. You pay As I said before, I estimated the total kind. your income taxes on April 15. You for all corporations would be at least The reason seems fairly obvious. It is obey the law. I am sure you want ev- $60 billion in penalties, $60 billion or amazing that there is no discussion of erybody else to obey the law. Yes, the more in penalties that would be col- the press, that some of these Senators law can be changed. Often it is changed lected over a 3-year period. So even and Members of Congress are not talk- in favor of the people who have the though I have not been privy to any ing about the problem of buy-backs most clout, the most money. discussion between the IRS and any where billions of dollars are being We have a big scandal raging with a corporation, it seems very clear that hoarded and the economy is being ad- focus on the White House, and exces- the IRS is not assessing these unrea- versely affected and the tax law is not sive taxes being used to solicit con- sonable accumulations of surplus pen- being obeyed. They are not talking tributions, collect contributions. All alties against large publicly owned cor- about it. Instead, they focus on the kinds of things are happening. They porations. That is what the penalty is. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H879 It is called an unreasonable accumula- in excess of ‘‘the reasonable needs of the did not agree with it and would not follow it. tion of surpluses. You cannot do that. business.’’ (Revenue Ruling 75–305). The IRS stated, There are two requirements for this This penalty on accumulations of cor- ‘‘The position of the Service is that there is penalty to apply. One is that the earn- porate surplus (profits) in excess of the rea- no legal impediment in applying, in an ap- sonable needs of the business is not some- ings and the profits of the corporations propriate case, the accumulated earnings tax thing new—it is a fundamental part of our to a publicly held corporation.’’ are permitted to accumulate beyond tax law and has been since the income tax The IRS never gave any support to the the- the reasonable needs of the business. was first adopted in 1913. ory of an exemption for publicly-owned com- The penalty will apply if you have per- In the original 1913 income tax law, the panies. True, it did not (as far as can be de- mitted the earnings and profits of cor- penalty was applied against the stockholder- termined) to try appeal the Golconda deci- porations to accumulate beyond the owners. Then, in 1921, the law was changed so sion to the Supreme Court. But, that may be reasonable needs of the business. that the penalty applies (and has applied because it was afraid it would lose. Despite ever since) against the corporation itself. the 1974 Golconda decision, the IRS pursued The other is that the accumulation is Since its adoption in 1913, the Internal ‘‘for the purpose of avoiding the in- another publicly-owned company success- Revenue Code has been reenacted many fully; it obtained a brief opinion by the come tax with respect to its sharehold- times. The rate of penalty has been changed Court of Claims that ‘‘the accumulated earn- ers.’’ I am quoting from the Tax Code. a number of times, and various amendments ings tax can apply to publicly-held corpora- For the benefit of anybody who might have added relatively technical provisions tion’’ (Alphatype Corp. v. U.S., 10/21/76, 76–2 have just joined us and is listening, involving notice to taxpayers, burden of USTC 9730). In its opinion, the Court stated this is very technical. I realize that. It proof and the like. Otherwise, the penalty that there is not the slightest evidence that is something which is very simple in provision has remained in the tax law since the Commissioner has by ruling, regulation 1913 without interruption and with only two or official policy exempted such (publicly the law. A few simple sentences say significant changes. One changed the appli- clearly what has to be done, but I am owned) corporations from liability for the cation from the stockholders to the corpora- accumulated earning tax. going through this long explanation be- tion itself, and the other in 1984 made clear In 1954, in one of the periodic re-enact- cause of the fact that for some reason that the penalty applied to large public cor- ments of the tax code, including the penalty the law is not being enforced. porations. (See below.) The penalty provision provision, the House attempted to add a pro- I do not want to have a situation is found in Sections 531–537 of the Internal vision exempting publicly-owned companies where people are able to pretend that Revenue Code. if no group controlled more that 10% of the the simplicity is not there. It is there. The penalty tax rate is 39.6% of surplus ac- stock. This proposed amendment was I am describing something which does cumulated in excess of the reasonable needs dropped in conference. of the business; it was increased from 28% to In 1985 the world changed. The Revenue not require hearings. It does not re- 39.6% in 1993. Act of 1984, effective in 1985, amended the quire more legislation. It is right there CONSTITUTIONALITY, VALIDITY AND law by adding section 532(c). The relevant already in the law. ENFORCEABILITY OF THE PENALTY section of the Revenue Act of 1984 is as fol- Mr. Speaker, I submit for the RECORD This penalty tax provision has been before lows: a document entitled ‘‘Tax Penalty on the U.S. Supreme Court three times. The ‘‘Section 58. Amendments to the Accumu- Corporations that Accumulate Surplus first time was in 1938, when corporate tax- lated Earnings Tax. LARIFICATION THAT TAX APPLIES TO Profits in Excess of the Reasonable payers challenged the penalty and alleged a (a) C CORPORATIONS WHICH ARE NOT CLOSELY Needs of the Business, Legal Back- number of reasons why it believed it was un- HELD.—Section 532 (relating to corporations constitutional, invalid and unenforceable. ground.’’ I want it in the RECORD so subject to accumulated earnings tax) is The Supreme Court dismissed all of these anybody who wants to look at it in amended by adding thereto the following challenges summarily and without serious great detail may examine it. It will be new subsection: discussion, and it unequivocally affirmed the ‘‘APPLICATION DETERMINED WITHOUT in the CONGRESSIONAL RECORD. Mem- constitutionality and enforceability of the REGARD TO NUMBER OF SHAREHOLD- bers may read it if they want to go into penalty. (National Grocery Co., 38–2 USTC ERS.—The application of this part to a cor- deep details. 9312, 304 U.S. 282, 58 Sct. 932.) poration shall be determined without regard The material referred to is as follows: The U.S. Supreme Court considered the to the number of shareholders of such cor- TAX PENALTY ON CORPORATIONS THAT ACCU- penalty provision again in 1969 and in 1975. In poration.’’ one case the issue was the motive or purpose MULATE SURPLUS (PROFITS) IN EXCESS OF The above section, which remains in the for accumulating surplus. (U.S. v. Donruss, THE REASONABLE NEEDS OF THE BUSINESS law, effectively and permanently ended the 393 U.S. 297.) In the other, there was a dis- LEGAL BACKGROUND de facto exemption for publicly-owned com- pute about how to calculate the amount of One of the basic principles of the tax law in panies. accumulated surplus. (Ivan Allen Co., 422 U.S. the U.S. is that a corporation is a legal en- In 11 years since the law was changed, the 617.) The constitutionality and enforce- tity that is separate and distinct from its IRS appears to have failed to apply the pen- ability of the penalty provision was taken stockholder-owners. It is sometimes called a alty to publicly owned companies that are for granted in these cases. It was never men- ‘‘fictitious person.’’ buying back their own stock. Thus, the shareholder-owners are not per- tioned in either of the opinions. The change in the law in 1985 eliminated sonally liable for the debts and liabilities of APPLICABILITY OF THE PENALTY PROVISION TO any doubt as to whether publicly-owned the corporation. This distinguishes a cor- LARGE, PUBLICLY-OWNED CORPORATIONS companies were exempt from the penalty— poration from a sole proprietorship or part- There is nothing in the Internal Revenue they are not. Yet, there appears to be only nership, where the owners of the business Code or regulations that exempts publicly- one court case on the matter. In 1993, the share all of the assets, liabilities, debts and owned companies from the penalty for unrea- Tax Court resoundingly affirmed the opin- obligations of the business. Limited liability sonable accumulation of surplus (profits). ions stated here; namely, that the 1985 tax is one of the most important and most ad- However, the legal community somehow de- law change ‘‘nullified’’ the earlier Golconda vantageous characteristics of the corporate veloped the notion that the penalty was in- decision and made completely clear that form of doing business and is the principal tended to apply only to closely-held or fam- publicly owned companies are not exempt reason that the corporate form is used by ily companies. An exemption for publicly- from the penalty (Technalysis v. Commis- virtually all businesses, large and small, in owned companies evolved, even though it has sioner, 101 TC 397). the U.S. and throughout the world. no support in the statute itself. Discussions and negotiations between the Because the corporation is a separate and In a case that became a landmark, Gol- IRS and a corporate or individual taxpayer independent entity, its profits are subject to conda v. Commissioner, 507 F.2d 594, the Ninth are extremely confidential, and it is not pos- a corporate income tax. Then, when profits Circuit Court of Appeals held that the pen- sible for outsiders to know whether the IRS are distributed to the stockholder-owners as alty should not be applied against publicly- has raised the issue, unless and until a par- dividends, the stockholders pay a personal owned companies unless a small group con- ticular taxpayer takes the IRS to court. income tax on those dividends. This so-called trolled 50% or more of the stock. The Court However, the amounts of money involved ‘‘double tax’’ is vigorously and bitterly op- said, ‘‘There is, of course, no distinction in here—the penalties may measure in the bil- posed by the business and investment com- the statutory language between publicly and lions—are such that the matter would surely munities, but it is a basic part of our tax closely held corporations . . . [but] Treasury have come to public attention if the IRS law. regulations and interpretations long contin- were active in any significant way. The so-called ‘‘double tax’’ provides a pow- ued without substantial change, applying to For example, if a publicly owned company erful incentive for corporate business man- unamended or substantially re-enacted stat- is hit with a multimillion dollar tax penalty agements to let profits pile up in the cor- utes, are deemed to have received Congres- that will significantly affect its earnings, fi- poration, rather than distribute them as tax- sional approval and to have the effect of nancial position, net worth and dividend pol- able dividends. In order to prevent this, the law.’’ icy, it is required to make that information U.S. tax law imposes a severe penalty on cor- The Internal Revenue Service responded to public immediately, under rules of the Secu- porations that accumulate surplus (profits) the Golconda decision by announcing that it rities and Exchange Commission, the New H880 CONGRESSIONAL RECORD — HOUSE March 11, 1997 York Stock Exchange, and also the National Corporations that have failed the ‘‘reason- surplus. One of the very basic provi- Association of Securities Dealers (NASD) able needs of the business’’ test on the fact sions of law and tax law in our country which regulates companies with stocks trad- will be assessed a penalty of 39.6%; and the and throughout the world relates to ed over-the-counter. burden of proof is on the corporation to show the fact that a corporation is a legal The penalty should be applied against pub- that it did not have the intent to protect licly-owned companies that pay small divi- stockholders from dividends. entity that is distinct and separate dends and spend large amounts to buy back Sections 531–537 of the Internal Revenue from its owners, the stockholders. their own shares if the buy back amounts far Code must be enforced immediately. A corporation has been called a ficti- exceed the amounts needed for employee These are the actual words of the tious person. This separateness is cru- stock purchase plans, executive stock op- statutes I have read before. It is sec- cially important to the stockholders, tions, and so forth. tions 531, 532, and 533 of the Internal because it insulates them from the The tax law, in section 531–537 of the Inter- Revenue Code. As we move toward debts and obligations and liabilities of nal Revenue Code, provides that the accumu- a corporation and its business. If a cor- lated earnings tax will apply to any corpora- April 15, make a note to go and exam- tion . . . ine sections 531, 532, and 533 of the In- poration has problems, loses money, ‘‘Availed of for the purpose of avoiding the ternal Revenue Code. and eventually goes bankrupt or out of income tax with respect to its shareholders Accumulation of profits is OK for the business, the stockholders may lose ev- .. . by permitting earnings and profits to ac- reasonable needs of businesses, even in erything they invested in the stock, cumulate instead of being distributed.’’ (Sec- large amounts. Whether the accumula- but that is all they will lose. The credi- tion 532.) tion is justified is a factual question. It tors cannot come after their personal ‘‘. . . the fact that the earnings and profits assets. This is a device which has of a corporation are permitted to accumu- depends on an analysis of the particu- late beyond the reasonable needs of the busi- lar situation of each corporation. worked over a long period of time, and ness shall be determinative of the purpose to There is no formula or rule that applies it is a device which you have to pay a avoid the income tax with respect to share- to every business. price for. holders, unless the corporation . . . shall A corporation may be justified in ac- This limited liability distinguishes prove to the contrary.’’ (Section 533.) cumulating profits without paying an incorporated business from a part- Thus, for the penalty to apply, two tests them out as dividends to finance the nership or a proprietorship, sole propri- must be met: planned building of a new plant, the etorship. If those businesses go under, 1. there must be an intent or purpose to the owners may lose not only the save the shareholders from income taxes on purchase of new equipment, to replace dividends, and old items or to expand the business, to amounts they invested but also their 2. the accumulation of earnings must ex- finance other kinds of expansion, such cars, their homes, their savings, and ceed the reasonable needs of the business. as the launching of a new product or any other investment or assets. ... the entry into new markets in other This lesson was painfully learned by ‘‘Reasonable needs of the business’’ is a parts of the country or in other coun- many wealthy Americans, British, and factual test involving a number of factors: others who invested in the unincor- the amount of earnings, future plans that re- tries. They may do it for working capital porated Lloyds of London. Many of quire large capital investment, the amount these names, people who were the in- of dividends paid, etc. needed to carry the inventories and re- The argument is made here that many ceivables of a growing business. They vestors in Lloyds of London, had to file large publicly owned companies are accumu- do it to retire debt incurred in the personal bankruptcy when Lloyds in- lating profits far in excess of the reasonable course of a business or to make loans curred huge insurance losses for sev- needs of the business, evidenced by the fol- and advances to customers or suppliers eral years in a row and assessed those lowing: to enable them to continue doing busi- losses against the investors personally. consistently, they are paying out in divi- Because of this limited liability fea- ness with the corporation; to buy an- dends 20% or less of their earnings, AND ture of the corporations, however, vir- consistently, they are accumulating cash other business, to build reserves for tually all businesses are incorporated. far in excess of their needs for capital ex- product liability losses or reserves for Lloyds is one of the few huge oper- penditures, AND property losses from storm damage; to consistently, they are passing up opportu- ations in the world that operates that finance expenditures required to meet nities to borrow money on very favorable way. Even the law firms and account- terms or are even reducing outstanding debt, environmental regulations; to finance ing firms have recently figured out a AND research for the development of new way to organize professional corpora- consistently, they are using accumulated products. They may accumulate cap- tions so that the partners can avoid earnings not to pay dividends but to buy ital. Nobody is talking about the gov- unlimited personal liability. back their own shares at prices far in excess ernment interfering with the amassing of book value. (Thus, if the book value of Because of the separate identity of a of large amounts of capital for business corporation, it is required to file its their net assets, as shown on their own pub- needs. lished balanced sheets is, for example, $10 per own income tax return and to pay a common share, and if they are buying back It goes on and on. There are many corporate income tax on profits. The their stock at $20 or $30 per share, they are good, justifiable reasons of a business corporation, for all the reasons I have reducing the book value of their remaining which can justify the accumulation of just given you, is treated as an individ- shares.) profits. These have been examined and ual and is required to file its own in- It is argued there that this pattern of be- ruled upon in hundreds of cases in tax come tax return and pay a corporate havior clearly indicates that the earning court and other courts in the 80 years- income tax on its profits. used for stock buy backs were accumulated plus since the income tax and tax pen- in excess of the reasonable needs of the busi- To prevent the excessive pileup of ness. alty were adopted. earnings, Congress established the tax Corporate managements will argue that, But buying back the stock just to penalty in the original Internal Reve- ‘‘Well, we have to buy shares back because at run its price up and to protect the nue Code adopted in 1913. The code has the same time are selling shares through em- stockholders from income taxes on since been renewed and revised and ployees stock purchases plans, executive dividends, these are prohibited actions. overhauled and amended many times. stock options and dividend reinvestment You cannot do that legally. If the cor- The penalty tax rates have changed a plans available to stockholders, and we also porations want to pay the profits avail- number of times, but the basic provi- (in some cases) need shares for conversion of able to the stockholders, paying divi- sion has remained in the law every convertible preferred stock or debentures. These arguments are absolutely valid but dends is the way they should do it. If year without significant change, with many large companies are buying back twice you want them to get the benefit of the the sole exception of an amendment in or three times or five times or eight times as profits, pay them the dividends; do not 1984. That amendment only strength- many shares as they need for these purposes. protect them by holding onto the ened the law. It was an amendment to Under Section 533, quoted in above, if a money and lowering their own tax bill. make clear that the penalty provision corporation fails the ‘‘reasonable needs of That is clearly prohibited. applies to publicly owned companies. the business’’ test the burden of proof is on Mr. Speaker, let me now take a few The only big amendment recently the corporation to show that it did not meet minutes to examine the reasons for and was in 1984, when they amended the the other test, namely, intent to protect the stockholders from dividends. the history of this provision for a Tax Code to make it clear that the pro- Thus, the Internal Revenue Commissioner heavy tax penalty on the unreasonable vision applies to publicly owned com- can reasonably take the following position: accumulation of corporate profits and panies. There was a time when they March 11, 1997 CONGRESSIONAL RECORD — HOUSE H881 said it was only privately owned com- sion to make it clear that it applied to in their public statements and to avoid panies, closely held corporations. But all corporations regardless of the num- bragging to the stockholders that they now it is quite clear as of 1984. ber of stockholders. Congress looked at are protecting them from income taxes This tax penalty is somewhat un- what happened with the case in 1974 by using accumulated profits to buy usual in that the law does not say that and Congress 10 years later amended back stock rather than paying divi- excessive accumulation of corporate the law to make it clear that this pro- dends. profits is a crime. You know, a lot of vision applies to all corporations re- My staff and I, as I said before, have individuals that I know are in serious gardless of the number of stockholders. examined literally hundreds of quar- trouble with the IRS. The last time I In other words, the amendment terly and annual earnings reports of was in an IRS office I saw the place full eliminated an exemption that had pre- publicly owned corporations from 1994, of people who were obviously poor peo- viously been thought to apply to large 1995, and 1996, and we were struck by ple, and they were not being allowed to publicly owned corporations with doz- how very little these corporations had get away with anything. They were ens or hundreds or even thousands of to say about their stock buyback pro- going to have to do whatever was nec- stockholders. grams and the reasons for them. essary to pay the taxes that they owed. Mr. Speaker, I would like to explain Here is one exception, one example If they did not do that, if they told why I believe this 39.6-percent penalty we found of an exception. This is a case some lies, they would end up in jail. I should be applied against these huge where the lawyers probably fell down know of a situation now where there is corporations that are buying back on the job and let the veil slip. A very a guy who told a few lies, and they their own stock in huge amounts. large American corporation, the name have got the U.S. attorney investigat- Again, for the benefit of anybody who is a household name known to every- ing him now. He may go to jail. just joined us, I am concerned about body, but it said, I will not name the But this tax penalty is unusual. The the fact that the Congress of the Unit- corporation, but it said in its 1995 an- law does not say that excess accumula- ed States, the CBO, the Office of Man- nual report, quoting from the report, tion of corporate profits is a crime. The agement and Budget, great Senators, ‘‘some shareholders have asked us why law does say instead that corporations some of them from New York State, we are repurchasing shares rather than should not do it. If they do it they will have focused their attention recently increasing our dividend as we did in have to pay a penalty. In other words, on gaining more revenue, gaining more years past. We believe that most share- no corporation, executive board, or money to save through an adjustment holders prefer gains in stock price to anybody is going to jail for violating of the Consumer Price Index, lowering receiving dividends because those pay- this part of the Tax Code. It is very in- the cost of living increases for every- ments are taxable annually.’’ teresting. But they do assess a very body on Social Security in order to There is a clear statement by a cor- heavy penalty. help balance the budget. poration of their intent to violate the In the early days of the income tax, My question is, why do you not look law. They are not supposed to help the IRS was diligent in applying this at the Internal Revenue Code and de- shareholders escape paying more taxes. tax penalty to closely held or family mand that the Commissioner enforce The management of this large corpora- companies, as I pointed out. It some- the law that already exists and tomor- tion made a mistake. They let the veil times lost in court, but in hundreds of row, March 12, Wednesday, we are slip. They let the real truth come out cases it did collect the penalties, in going to talk about other corporate and, as I said, this is one of the rare ex- hundreds of cases. loopholes, other corporate welfare that ceptions, one of the few instances we But for some strange reason, in the ought to be closed. were able to find where they admitted early days the IRS rarely applied the Why is it that everybody in Washing- the real reason for buying back their penalty to publicly owned companies. ton who is in high places, leadership, stock. Of course, the Wall Street com- Perhaps the reason was that it was cus- the White House, why are they blind to munity and the business community tomary in those days for large compa- the existence of great abuses that are will put the opposite interpretations on nies to pay out good-sized dividends being committed by corporations? Why all of these earnings reports. They will rather than using their profits to buy are they instead focusing their micro- say, we did not have an intent or a mo- back their own shares. There is noth- scopes on programs that serve poor tive to protect the stockholders from ing in the Internal Revenue Code or people and squeezing everything they income taxes. That is not why we were regulation that gives publicly owned can, every dollar they can out of those buying back the stock. The proof is companies an exemption from this pen- programs. that none of our earnings reports will alty on accumulation of profits in ex- Mr. Speaker, I would like to explain mention such a thing. That proves that cess of reasonable needs of business. why I believe, why I believe this 39.6- the intent is not there, except for one The notion sort of grew up like percent penalty should be applied unfortunate company that slipped. Topsy, but it has no basis. Somehow, against these huge corporations that I am sorry but I have to say that that perhaps because it was thought smaller are buying back their own stock in comes under the heading of very so- companies were the worst offenders, it huge amounts. The law mandates that phisticated baloney. This is one of became customary for the IRS to leave the penalty should be assessed if two those situations where everybody large corporations alone, and so with- tests are met. First, that profits are knows what they are doing and the rea- out any support in the language of the permitted to accumulate beyond the son they are doing it but nobody will law, a de facto exemption for public reasonable needs of business and, sec- say, nobody will speak the real truth. companies evolved and eventually took ond, that this is done, quoting again The point I am making here is that the on the force of law. from the statute, for the purpose of Commissioner of Internal Revenue, if The IRS never agreed to it, they avoiding the income tax with respect she considered assessing these unrea- never agreed to it, and indeed it went to the shareholders. sonable accumulations of surplus pen- out of its way to publicly state its dis- In other words, there has to be the alties, as I am urging her to do, she agreement with the appellate court de- fact of the accumulation, also the in- might conclude that there was not suf- cision that confirmed the exemption in tent to protect the stockholders from ficient proof of intent to protect the the landmark Golconda case in 1974. income taxes. The officers and direc- stockholders from income tax. It is tors of large American corporations hard to prove intent, hard to prove b 2230 can read the statute as well as I can or what is in someone’s mind. This is There was one case that did go to the better. They are way ahead of me in something that comes up often in our Supreme Court, the Golconda case in having platoons of well-paid lawyers to legal system. 1974, where they, the Court ruled that advise them and keep them out of trou- I am very pleased to be able to say it did not apply to publicly owned large ble. I suspect, although I cannot prove that the Internal Revenue Commis- corporations. That was 1974. it, that these high-priced lawyers have sioner does not have to prove intent. However, all that is history, all that advised them that they are vulnerable The Internal Revenue Commissioner is irrelevant now because in 1984, Con- to this penalty. I suspect that the law- does not have to prove intent. Rather gress amended the basic penalty provi- yers have told them to be very careful the way the law is written, the burden H882 CONGRESSIONAL RECORD — HOUSE March 11, 1997 of proof is on the corporation to dis- Many large corporations have now tions buys back its shares, it is justi- prove intent. The corporation must dis- established a pattern that includes fied in doing so, if it issues or sells the prove that it intended to save money most or all of the following: Consist- same number of shares under these var- for its stockholders. ently year after year they pay divi- ious programs. Unfortunately for their Here is the actual language of section dends on their common shares that argument we have found that for many 533 of the Internal Revenue Code. ‘‘The amount to only 15, 20, or 25 percent of corporations the stock buy backs far fact that the earnings and profits of a their earnings. And consistently year exceed the number of shares issued. corporation are permitted to accumu- after year, their accumulated earnings In examining the published financial late beyond the reasonable needs of the together with their cash-flows outside statements of large American corpora- business shall be determinative of the the earnings statement, from deprecia- tions, we found many that bought back purpose to avoid the income tax with tion, amortization, deferred income in 1994, 1995, and 1996, they bought back respect to shareholders unless the cor- taxes, provide far more cash than they 2 or 21⁄2 times as many shares as they poration by the preponderance of the need for capital spending and other issued; we have found several that have evidence shall prove to the contrary.’’ necessary programs. And consistently bought back 5 or 6 or 7, 8 times as Reading from section 533 of the Inter- year after year they do not use excess many shares as they issued; we even nal Revenue Code: ‘‘The fact that the cash to pay down debt. Indeed in some found that one bought back over 16 earnings and profits of a corporation cases, they actually increase debt by times as much as they issued. are permitted to accumulate beyond borrowing additional money and using I think clearly we cannot expect the the reasonable needs of the business it for the stock buy backs. And consist- Commissioner of Internal Revenue to shall be determinative of the purpose ently year after year they accumulated assess the penalties on amounts of to avoid the income tax with respect to large amounts of cash and profits far stock bought and then reissued in the shareholders unless the corporation by beyond the dividends they pay and the same year on option and purchase pro- the preponderance of the evidence shall reasonable needs of the business, and grams. It is for that reason that I am prove to the contrary.’’ they use large amounts of this money asking the Commissioner to assess pen- Mr. Speaker, we have seen that there to buy back their common shares. alties on the amounts of the net buy are two tests for this penalty to apply. For dozens of corporations, probably backs rather than the total buy backs. The first test is the fact of an unrea- hundreds of corporations this pattern Finally, Mr. Speaker, I would like to sonable accumulation of earnings. The has been present in 1994, 1995, and 1996. address the question of how much second test is the intent to protect the I believe the Commissioner of Internal money is involved here, how much cor- stockholders from income taxes. But Revenue, Margaret Milner Richardson, porate tax revenues could be raised if the Internal Revenue Commissioner should assess 39.6 percent tax penalties the Internal Revenue Commissioner as- does not have to prove the second test, as mandated by sections 531 to 537 of sesses the penalties that I believe she the intent. If the first test, the fact the Internal Revenue Code, not on all should. I cannot estimate the amount test, is met, the Commissioner does not the accumulated profits but on the with any kind of real accuracy, but I have to prove intent. Rather it is up to amounts of accumulated profits used am absolutely certain that the amount the corporation to disprove intent. It for net buy backs of stock. is huge. It is enormous. might be hard for the Commissioner to I believe that the amounts involved I want the Congressional Budget Of- prove intent. That is true, but she does for all publicly owned American cor- fice to take a look at this. I would like not have to prove intent. The burden of porations are at least $200 or $300 bil- the Congressional Budget Office to give proof as to intent is on the corpora- lion or more. The 39.6-percent penalty us a reading on exactly how much tion, not the IRS. That is what the on these amounts will total at least $60 money is involved here. In fact the clear language of the statute says. billion and possibly $70 or $80 billion of Progressive Caucus budget, the com- Of course, Mr. Speaker, any corpora- additional Federal tax revenue in this bination Black Caucus and Progressive tion and any taxpayer has a right to year fiscal 1997, ending September 30, Caucus budget will include this as one object to any tax or tax penalty and to 1997. of the items in the budget. And we will, attempt to show that it has not been Mr. Speaker, I have said that I be- our alternative budget will ask for an properly assessed. Discussions and ne- lieve the penalties should be applied to assessment, a reading of the Congres- gotiations between a corporation and the amount of the net buy backs which sional Budget Office on exactly what the IRS are private and they are con- is smaller than the amount of the total amounts will be generated. fidential. And if the discussions reach buy backs. Let me discuss this point Those who read the financial press an impasse, the corporation can sue for a moment because it is a very im- and watch business programs on TV or the IRS in tax court or Federal district portant one and it involves the surf the Internet are well aware of the court and let the court determine counterargument that corporations amount of buy-back activity that is in- whether the tax is properly assessed. make and will make against the charge creasing all the time. We have asked The penalty would have to be reduced that they are accumulating profits be- the people in the Congressional Re- or even dropped. Maybe a corporation yond the reasonable needs of the busi- search Service to help us. So far we could show that it was justified by the ness. were not able to accumulate a tabula- reasonable needs of its business in buy- Many, in fact most publicly owned tion, but there are people who are look- ing back its stock. corporations have employer stock pur- ing at this for commercial purposes. But I believe the Commissioner of In- chase plans, stock options for execu- There is a buy-back letter that a Cali- ternal Revenue should find out if the tives, key employees and directors, and fornia man puts out. There is all kinds penalties are justified and the way to dividend reinvestment plans for stock- of activity going on showing that this do that is to assess the penalties, let holders. In addition, some corporations is a profitable activity. the corporations protest, and to settle have convertible preferred stocks or Let me conclude by saying that I the matter in the course of negotia- debentures which can than be con- have given a rather lengthy treatise tions the IRS normally conducts with verted at the option of the holder to here on a subject that I am not an ex- individuals and taxpayers. common shares. All of these programs pert in. I serve on the Committee on Treat the corporations the way they involve the sale or issuance of addi- Education and the Workforce. I do not treat millions of Americans who file tional common shares which may be serve on the Committee on Ways and their taxes on April 15. Enforce the shares held in the corporate treasury Means. I am puzzled and baffled by the law. Enforce the law and let them deal or newly issued shares. failure of members of the Committee with the attempt of the IRS to enforce As a result, they are selling and issu- on Ways and Means to see the obvious. the law. It certainly looks as though ing other shares under these options, I am baffled and puzzled by the failure large penalties are justified based on purchase and conversion programs. In- of the CBO, the Office of Management my examination of the public financial deed, this is the reason that they often and Budget to see the obvious. Why are statements of dozens of large American give for their buy-back program. we studying ways in which we can cut corporations and probably hundreds of Mr. Speaker, this argument is abso- programs for the poor? Why are we others, too. lutely valid. I agree that if a corpora- looking at the CPI and hoping to cut March 11, 1997 CONGRESSIONAL RECORD — HOUSE H883 the cost-of-living increases for people law apply to all Americans at every stituency, prior to the time I came to on Social Security in order to help bal- level, including corporations that are Congress. ance our budget when we have abuses treated as individuals for their own I served as a local and county official of this magnitude? Why? Why is there profit and economic sake? and was exposed to many examples of a strain on the American character f how our Nation’s communities have which allows leadership to always prey been able to find creative solutions to upon the poorest and the weakest? THE POOR AND NEEDY WITHIN the issues facing those neediest citi- That strain was evidenced in the way OUR SOCIETY zens that we represent. we handled Native Americans, the peo- The SPEAKER pro tempore. Under Back in New Jersey, a constituent of ple who owned this land when we got the Speaker’s announced policy of Jan- mine, Rev. Buster Soaries of Franklin here. They were weak and we uary 7, 1997, the gentleman from Mis- Township, is blazing a trail of progress outmanned them and our weapons were souri [Mr. HULSHOF] is recognized for 60 in Somerset County. Reverend Soaries superior and we took advantage of the minutes. has been able to mobilize thousands of weak. Mr. HULSHOF. Mr. Speaker, I hope members of his church as well as two b 2245 in the moments that I have in this late communities, New Brunswick and hour to answer part of the debate and Franklin Township, to work together We took advantage of slaves that we some of the questions that the distin- to develop a project known as Renais- transported here from Africa. For 232 guished gentleman from New York has sance 2000. years we held them in bondage. Why is asked, specifically regarding the poor That vision for the program com- there a strain that goes after the weak- and the needy within our society. bines economic and community devel- est people in a merciless way? Mr. Speaker, many of us who have opment, neighborhood revitalization, In this sophisticated day, when we run for office, in fact our own elected community and business partnering, assume that we are more moral, that President, has oft quoted the state- housing rehabilitation, and a commit- we have higher standards of morality ment that the era of big Government is ment of both youth and the adult mem- and we assume that we are the indis- over. I believe that the last Congress, bers of these two communities to take pensable Nation for the rest of the the 104th Congress, helped make that what many consider to be a blighted world and we set standards for the rest claim a reality when it began to wrest of the world and we talk about human and underutilized area and turn it into away control from the Federal bu- rights, why are the people in our lead- a thriving and successful new commu- reaucracy and began to send power and ership focusing on ways to squeeze the nity center. control back to State governments and I have worked and watched Reverend poor while there are obvious ways to city councils and county commissions Soaries take the kernel of a dream and raise the necessary revenue? Progressives, liberals, have not paid and local school boards. begin to turn it into a model, a model enough attention to the revenue side of One of the major accomplishments of that could very well be used in other the budget process. We have not paid the last Congress was the end to the parts of our Nation. enough attention to the fact that the Federal entitlement to welfare. And I Additionally, prior to my election to Internal Revenue Code is where we recognize that there are many skep- Congress, I served as the chairman of have the largest amount of giveaways. tics, many doomsayers who wail and my county, Somerset County Board of Corporate welfare is the biggest wel- lament and beat their chests and say Social Services, which in New Jersey, fare program in America. We must end that society, specifically those poor the county boards of social services are corporate welfare as we know it. We and needy in our communities, that the major organizations that oversee must end corporate welfare. they are doomed. Mr. Speaker, just as the majority of the welfare programs. We will begin our process tomorrow the era of big government is waning, In that capacity I was proud to have when the Progressive Caucus an- volunteers and faith-based charities been involved in an initiative in which nounces its war against corporate wel- and community outreach are moving in we successfully tapped our religious fare. We welcome the gentleman from to fill that void. communities to work along with coun- Ohio [Mr. KASICH], and all the other Of course, we recognize how tough it ty government to reach out to families elements in this Capitol on the Senate is. There are single parents. There are on welfare and provide that extra ele- side or the House side, wherever there two-income families that are strug- ment of assistance. are people who want justice; people gling to juggle family and jobs. There Many churches, synagogues, and who recognize that the place where are businesses that are swimming other religiously based organizations there is the greatest amount of pros- mightily against the tide of regulation back home agreed to lend a hand in perity, where people are making money and bureaucracy which often dissuades many ways, and they include an agree- in great amounts right now is in the them from getting involved in commu- ment or a desire to mentor families on corporate world. nity outreach. But I believe we must welfare in an effort to keep them to- Our corporations are not suffering. If begin to forge a new vision, and our vi- gether and to help them find gainful we need to balance the budget, the sion in this new era must be to em- employment. steps to balancing the budget should be power communities to address the In some instances there were church- taken in the effort to end corporate needs and problems within those com- es that have been asked or have welfare. Corporate welfare should be munities. stepped forward to provide scholarships our target. Those who have the most We have to reignite volunteerism for doing. Many of these religious insti- and who have had the greatest number among the young and among the young tutions, churches and some syna- of advantages are also guilty of the at heart. Yes, the Government will gogues, operate and house day care fa- greatest abuses. continue to provide a safety net, but cilities. And now many clients on wel- The corporate segment, the corporate individuals helping individuals is the fare are being matched with one of proportion of the income tax burden kind of positive action that weaves a these facilities, and these congrega- fell to the present 11 percent. The total strong social fabric. tions are granting free scholarships, income tax burden. Only 11 percent of Mr. PAPPAS. Mr. Speaker, if the quote end quote, to these, in many in- that is borne by corporations, while 44 gentleman would yield. stances, single parents, single women percent now is borne by families and Mr. HULSHOF. I would be happy to with one or more children on welfare, individuals. I have given one of the rea- yield to my friend and colleague from and allowing them to move off of wel- sons that is true: these kinds of abuses, New Jersey. fare, have gainful employment, and this kind of failure to enforce the law. Mr. PAPPAS. I thank the gentleman, have that assistance in the form of free We do not need hearings. We do not Mr. Speaker, for raising this issue and day care which is so important. need legislation. All we need to do is would like to just add my thoughts to Lastly, a coordination with some tell the Internal Revenue Service to what I think is an exciting time to be business owners from one particular enforce the law. here in the Congress and talk a little congregation has stepped forward, and April 15 is the date that we all go out bit about my service to my constitu- many of these individuals who are busi- and obey the law. Why not have the ency, or a portion of my present con- ness owners are now wanting to make H884 CONGRESSIONAL RECORD — HOUSE March 11, 1997 themselves and their businesses avail- are really overworked in many in- mention, Mr. Speaker, that is making able to teach a skill or a trade to an in- stances, and do a great deal with very a true difference is the Central Mis- dividual who is wanting to move off of little. souri Food Bank. The Central Missouri welfare and on to work. Reverend Rozelle has taken this idea Food Bank is probably considered a A fourth point I want to add is there to our State Association of Counties medium-sized organization but yet dis- is another church that sponsors three and is trying to see it replicated else- tributes about 3.5 million pounds of different sports camps during the sum- where and, maybe through this and food each year. There is a network of mer, the Zarephath Community Chap- other efforts, maybe his dream to see over 120 agencies, its service area is el; a soccer camp, a baseball camp, and this nationwide will become a reality. about 29 counties in central and north- a basketball camp. And these three All of these projects and programs east Missouri, and much of that area is camps now, I think 10 or 12 scholar- that I have just mentioned, I would say overlapped by my congressional dis- ships for each of the three camps, have to my colleague, are capitalized on re- trict, about 17,000 square miles, with a now been made available; free scholar- sources from the communities, and total population of about half a mil- ships again being given to those that that is what brought them to fruition. lion. The demographics of that particu- choose to take advantage of them. Government was a partner, not the en- lar region are largely rural and much Another program that addresses an tire ensurer that these programs would agricultural-based. Central Missouri issue so important, even in affluent become realities. Food Bank has actually a paid staff of counties, such as many of the commu- I daresay that there are probably nine full-time employees and one part- nities that I represent, but the Inter- many localities across the Nation that time with an operating budget of less faith Hospitality Network has teamed can point to initiatives that they have than a half million dollars, about together with religious institutions, taken upon themselves to begin to con- $490,000, and not one penny comes from congregations, churches, and syna- tribute to the renewal of their own the Federal Government. The director gogues who have organized among communities. I believe we in Congress of the Central Missouri Food Bank is a themselves to accept and to house and the Federal Government can learn very fiery sparkplug named Peggy Kirkpatrick. I think it is interesting to homeless families for the period of a great deal from community initia- note that she has been the director of about a week. Many other congrega- tives such as this, such as those that I the Central Missouri Food Bank for tions support by providing meals and have mentioned. about 5 years and has shared with other support services, and this action I certainly applaud some of our col- many of us in our district how she first has literally saved the taxpayers thou- leagues who this week will be focusing got involved in hunger relief. As she sands and thousands of dollars because upon community renewal, and cer- worked and walked daily to her job, sometimes costly emergency shelters tainly would like to continue to work she would walk past various dumpsters have not had to be utilized. with them and volunteers such as those that were surrounding the University I really have been impressed in the that I have mentioned from my district of Missouri campus and how she was way in which people have stepped for- back in central New Jersey, to ensure touched by witnessing and watching ward. And this is a program that is not that all communities, whatever their those homeless and hungry who were unique to my county. We can find these level of need, can be renewed and im- foraging in the dumpsters for food. She all across our Nation. proved upon. decided to try to make a difference, Another program that has really Mr. HULSHOF. Mr. Speaker, the gen- one individual, with a lot of energy and been amazing and very impressive is tleman mentioned some very creative a lot of great ideas, and became direc- another aspect of community renewal, and innovative ways that individuals tor of the Central Missouri Food Bank. an idea that was suggested by Rev. who have these creative ideas have That is something that I think each of Steve Rozelle of Saint Mark’s Epis- worked as a partner rather than as a us has encountered at least once in our copal Church in Basking Ridge, also in parent, especially the Reverend in his lives, especially here in this city, Somerset County. His idea, rather in- district whose mission is to help those where we may have panhandlers that genious, was to utilize our county gov- who are hungry. walk up to us asking for some spare ernment’s existing curbside pickup of It is, of course, noteworthy that change, or we pull into a convenience recyclables, which takes place twice a when hunger strikes, it does not ask store and we see the contingent of so- week, and to provide one or more or- for party affiliation. Hunger does not called societal misfits who appear like ange plastic bags, that are distributed care if one is a liberal or a conservative a patchwork quilt outside the conven- the end of May or early June of each or a Democrat or a Republican. In fact, ience stores. Yet if we actually take year, and 2 weeks later, at the next when the pangs of hunger are most the time to notice, we either have one pickup. While the trucks picking up sharply felt, it is often by those 13 mil- or two reactions. We may struggle the recyclables go through neighbor- lion who are not even old enough to within ourselves, do we try to provide hoods, they pick up these orange bags, vote. But the good news, I suppose, is some help in our small way, do we dig and contained in the bags are canned that hunger is a curable disease. into our pockets for loose change or do goods that people are donating. These Hunger relief is in transition, but I we shrug deeper into our coats and canned goods are then distributed to think as the Federal Government, Mr. think that, well, the Federal Govern- one or two of the food banks that serv- Speaker, steps out of the equation, ment is there to help and the Federal ice the residents of our county. It has then the solution does shift to the Government will help those individ- been a huge success and the response faith-based and community-based char- uals. But that misses the point, Mr. and the support by the community has ities to reach out to those in need. And Speaker. been overwhelming. I think this transition actually These men and women live as indi- Many times the food banks find that strengthens the resolve of those cre- viduals within our communities. And at that time of year things are pretty ative people, those ministers, lay min- as members of our communities, I be- sparse. Christmastime and Thanks- isters, and others within the commu- lieve then we have that individual re- giving there is a lot of activity and nities, to reach out to those in need. sponsibility to reach out to those in people are focused on that, but not in b need. The Central Missouri Food Bank summer. 2300 recently had its report card, an annual This has, obviously, benefited those I have begun as my friend from New awards banquet. Here are some of the food banks that run short on funds and Jersey has to examine those scattered things that the Central Missouri Food run short on donations. The coopera- throughout the Ninth Congressional Bank has been able to accomplish. tion that the County Board of District of Missouri and have begun to There were enough supplies to supply Freeholders has shown, our public actually witness the commitment that soup kitchens and shelters and pan- works department, nonprofit agencies, those individuals have to reaching out tries, day care centers, and senior pro- many volunteers, young people as well as individuals within their own com- grams to provide 200,000 meals to over as senior citizens, focusing on a com- munities, to reach out to those in need. 60,000 people. The estimated wholesale mon goal, has been very gratifying and One of those hunger relief agencies of value of the food was about $5.6 mil- encouraging to these food banks who particular note that I would like to lion. The Central Missouri Food Bank March 11, 1997 CONGRESSIONAL RECORD — HOUSE H885 initiated two Warehouse on Wheels propriate allocation of public resources. It is community renewal initiative that the which actually transported food to the the responsibility of the Federal and State gentleman has spoken about and we far reaches of its area to help distrib- governments to cure hunger. are speaking about this evening that ute those foodstuffs in a more timely This is an agency whose mission it is we would follow suit. and efficient fashion. In fact, they even to help the hungry across the country. Mr. HULSHOF. There are so many acquired a semitrailer to help accom- I suppose, Mr. Speaker, that even as we ideas, innovative ideas that are sprout- plish that goal. They started the green try to do the best we can, occasionally ing up like seeds all across this coun- team, which is a pilot gardening we lose sight of our mission, and some- try. I think it is incumbent upon us as project along with our local Boone times our vision gets blurred. a body, a legislative body, Mr. Speaker, County sheriff’s department that uti- I think the gentleman mentioned to- and again certainly the Government lizes prisoners who raise fresh produce morrow, there are some new vision- has a role, but I think that role should for the hungry; recruited seven new aries, and I think in a true bipartisan be a limited role and that government food pantries in high need areas; spirit Representatives JIM TALENT should get out of the way, as the gen- worked with the media and others to from the Second District of Missouri, tleman mentioned, and allow some of stimulate and reach out to the commu- whose district adjoins mine, as well as these projects to take place and to nity. In fact, one of the innovative J. C. WATTS from Oklahoma and also allow them to grow. ways that they reached out to local Mr. FLOYD FLAKE, a good Congressman A couple of weeks ago, Mr. Speaker, businesses was the Score Against Hun- from New York, a Democrat, are going I recall that Ralph Reed of the Chris- ger Campaign. It is interesting that the to launch the American Community tian Coalition announced his group’s Central Missouri Food Bank, unlike Renewal Act. new Samaritan Project which was many other food banks, in fact, the Has the gentleman heard much about dubbed as a very bold and compas- Central Missouri Food Bank is one of their efforts in that regard? sionate plan to combat poverty and to only two second harvest food banks in Mr. PAPPAS. If the gentleman will restore hope, and that project, the Sa- the entire Nation that does not partici- yield, I certainly have been hearing maritan Project, actually took aim at pate in the shared maintenance pro- amongst our colleagues and have heard the economic and moral deficits that gram. What that means is that the and am very much encouraged that pervade a lot of the black and Hispanic foodstuffs they collect, they do not there is such an effort that is ongoing inner city neighborhoods. As the gen- charge food pantries and shelters for. and that is bipartisan. I have always tleman from New Jersey mentioned, They give it away for free. Their deci- been a strong believer that there the impetus from those programs sion to do that was at a crisis time. It should not be a Republican or Demo- would also come from the church which was back in 1993, and in the Midwest I crat approach to renewing our commu- is one of the few institutions in some of am sure my friend from New Jersey nities, be they urban areas or rural these communities that is willing and watched accounts of how the flood of areas that have economic difficulties able to undertake such a task. I recall 1993 really had a devastating impact or even some suburban areas where watching the press conference of that upon a lot of us. Against that back- there has been changes in the economic unveiling, Mr. Speaker, and along with drop, the Central Missouri Food Bank structure and many large corporations Ralph Reed of the Christian Coalition, took the bold step and decided at that downsizing, there are different needs in also standing next to him was the Rev. time they would no longer charge for various communities. I am very en- Earl Jackson. Rev. Earl Jackson was a the food they collected as they distrib- couraged. Harvard Law graduate who also at- uted it. As a result, they had an enor- One of the things I would hope that tended Harvard Divinity School. The mous outpouring, the business commu- as we move forward in reviewing the Rev. Earl Jackson had this to say as he nity was more than ready and willing package that they are presenting to teamed up with Ralph Reed: to give additional moneys, and the ‘‘I’m a black pastor who has worked the House for consideration, that they Score Against Hunger Campaign was in the black community for 20 years would do something that we have done one innovative way in which the before heading up this project, and the in our county back home, is that when Central Missouri Food Bank teamed up ministers supporting this program are we have asked some of these religious with our local university at the Uni- leaders in their communities in their institutions to step forward, be it to versity of Missouri in Columbia, now own right.’’ The quote again from Rev. has actually extended the program to provide those scholarships for day care Earl Jackson. other colleges in the Ninth Congres- or for the sports camps that I have I believe, Mr. Speaker, that these sional District, in conjunction with the mentioned, that our county board ministers and activists are, of course, football season. And if the home team made a decision that we were not going intelligent, I believe they are rational scores a certain number of points, then to ask these religious institutions, individuals, I believe they are quite there is a corresponding amount of do- these congregations, to step forward knowledgeable, and they care deeply nations that comes in that have been and to fill what we believe to be a very about the troubles afflicting their com- pledged by individuals. Even when the critical need for these families and munities. This is an example of the USDA cut the commodities that were these individuals that are on welfare new type of visionary that I believe going to these food pantries, they con- and wanting to move off of it, but that will be filling the void as big Govern- tinued to innovate and utilize these ef- many of their programs are steeped in ment moves out. forts to reach out to those thousands their own religious traditions, and that I look forward, Mr. Speaker, tomor- and thousands of hungry people that we were not going to ask them to stop row as our colleagues, both Repub- they serve. that; that we were going to make it licans and Democrats, introduce the But many of the challenges and prob- clear to the welfare recipient that if community renewal project which ably one of the most frustrating things they would want to consider their child builds upon efforts in the last Con- in visiting with the Central Missouri or themselves being involved in this gress. Food Bank, those who continue to see particular program that was purely In summary, Mr. Speaker, I think it their mission to feed the hungry with- voluntary on both parts, both the con- would be a terrible thing if the efforts out Federal Government involvement, gregation as well as the welfare recipi- of these visionaries across this coun- some of the obstacles even come from ent, that they may be invited to par- try, as they rethink our approach to within. In fact, a couple of weeks ago a ticipate or that they may be exposed to government and poverty and inner city hunger relief agency issued a national a prayer or some religious instruction, and rural problems were simply dis- press release as this hunger relief agen- and that again it was voluntary, that missed as some new gloss on an old cy was coming to Washington, DC, to the congregation was stepping forward agenda, because, Mr. Speaker, I happen try to create and promote a legislative to sponsor this and that we were not to believe fervently that the era of big agenda. In the context, the very text of going to ask them to stop doing what Government is over, but that the era of the press release, this was what this they have been doing. big citizenship is dawning. hunger relief agency said: The response has been very, very LEAVE OF ABSENCE The charitable response to hunger is no positive. Again people realize it is vol- By unanimous consent, leave of ab- substitute for good social policy and the ap- untary, and I certainly hope that in the sence was granted to: H886 CONGRESSIONAL RECORD — HOUSE March 11, 1997

Mr. COBLE (at the request of Mr. Mr. QUINN. of Information Act for the calendar year ARMEY) for today on account of Judici- Mrs. KELLY. 1996, pursuant to 5 U.S.C. 552(d); to the Com- ary Committee business. Mr. PACKARD. mittee on Government Reform and Over- sight. Ms. MILLENDER-MCDONALD (at the re- Mr. WELDON of Pennsylvania. 2193. A letter from the Office of Personnel quest of Mr. GEPHARDT) for today on Mr. HORN. Management, Director, transmitting the Of- account of official business. Mr. ENSIGN. fice’s final rule—Reduction in Force and f Mr. CAMPBELL. Mandatory Exceptions (RIN: 3206–AH64) re- Mr. GILMAN. ceived March 10, 1997, pursuant to 5 U.S.C. SPECIAL ORDERS GRANTED Mr. SOLOMON. 801(a)(1)(A); to the Committee on Govern- ment Reform and Oversight. By unanimous consent, permission to f address the House, following the legis- 2194. A letter from the Secretary of Veter- ADJOURNMENT ans Affairs, transmitting a report of activi- lative program and any special orders ties under the Freedom of Information Act heretofore entered, was granted to: Mr. HULSHOF. Mr. Speaker, I move for the calendar year 1996, pursuant to 5 (The following Members (at the re- that the House do now adjourn. U.S.C. 552(d); to the Committee on Govern- quest of Ms. STABENOW) to revise and The motion was agreed to; accord- ment Reform and Oversight. extend their remarks and include ex- ingly (at 11 o’clock and 15 minutes 2195. A letter from the Thrift Depositor traneous material): Protection Oversight Board, Acting Execu- p.m.), the House adjourned until to- tive Director, transmitting a report of ac- Mr. BLUMENAUER, for 5 minutes, morrow, Wednesday, March 12, 1997, at tivities under the Freedom of Information today. 11 a.m. Act for the calendar year 1996, pursuant to 5 Mr. KIND, for 5 minutes, today. f U.S.C. 552(d); to the Committee on Govern- Ms. JACKSON LEE of Texas, for 5 min- ment Reform and Oversight. utes, today. EXECUTIVE COMMUNICATIONS, 2196. A letter from the Department of the (The following Members (at the re- ETC. Interior, Acting Director, Fish and Wildlife Service, transmitting the Department’s final quest of Mr. PEASE) to revise and ex- Under clause 2 of rule XXIV, executive rule—Endangered and Threatened Wildlife tend their remarks and include extra- communications were taken from the Speak- and Plants; Determination of Endangered neous material): ers table and referred as follows: Status for the Cactus Ferruginous Pygmy- Mr. CHRISTENSEN, for 5 minutes, on 2186. A letter from the Department of De- Owl in Arizona (Fish and Wildlife Service) March 12. fense, Under Secretary of Defense (Comptrol- (RIN: 1018–AC85) received March 10, 1997, pur- Mr. SOUDER, for 5 minutes each day, ler), transmitting a report of a violation of suant to 5 U.S.C. 801(a)(1)(A); to the Commit- today and on March 12. the Anti-Deficiency Act—Army violation, tee on Resources. 2197. A letter from the National Oceanic Mr. GOSS, for 5 minutes, on March 13. case number 94–01, which occurred when the Huntsville Division, U.S. Army Corps of En- and Atmospheric Administration, Acting As- Mr. MICA, for 5 minutes, today. gineers [USACE], accepted and processed a sistant Administrator for Fisheries, trans- Mr. DIAZ-BALART, for 5 minutes, on reimbursable order from the Air Force citing mitting the Administration’s final rule— March 12. fiscal year 1992 operation and maintenance, American Lobster Fishery; Technical Mr. MANZULLO, for 5 minutes each Defense-wide funds to acquire furnishings Amendment [Docket No. 970219034–7034–01; day, on March 12 and 13. and equipment for future requirements at I.D. 021097D] (RIN: 0648–xx81) received March Mr. SMITH of Michigan, for 5 minutes the Nellis Medical Facility, pursuant to 31 10, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to each day, on March 12 and 13. U.S.C. 1517(b); to the Committee on Appro- the Committee on Resources. 2198. A letter from the Department of Mr. KINGSTON, for 5 minutes, today. priations. 2187. A letter from the Department of Transportation, General Counsel, transmit- Mr. ROHRABACHER, for 5 minutes, ting the Department’s final rule—Removal of today Labor, Assistant Secretary for Employment Standards, transmitting the Department’s Class E Airspace; Fall River, MA (Federal f final rule—Migrant and Seasonal Agricul- Aviation Administration) [Airspace Docket No. 96–ANE–45] (RIN: 2120–AA66) received EXTENSION OF REMARKS tural Worker Protection Act (Employment Standards Administration) (RIN: 1215–AA93) March 10, 1997, pursuant to 5 U.S.C. By unanimous consent, permission to received March 11, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Transpor- revise and extend remarks was granted 801(a)(1)(A); to the Committee on Education tation and Infrastructure. 2199. A letter from the Department of and the Workforce. to: Transportation, General Counsel, transmit- 2188. A letter from the Pension Benefit (The following Members (at the re- ting the Department’s final rule—Removal of Guaranty Corporation, Deputy Executive Di- quest of Ms. STABENOW) to revise and Class D and E Airspace; South Weymouth, rector and Chief Operating Officer, transmit- extend their remarks and include ex- MA (Federal Aviation Administration) [Air- ting the Corporation’s final rule—Allocation space Docket No. 96–ANE–44] (RIN: 2120– traneous material): of Assets in Single-Employer Plans; Interest Mr. HALL of Texas. AA66) received March 10, 1997, pursuant to 5 Assumptions for Valuing Benefits [29 CFR U.S.C. 801(a)(1)(A); to the Committee on Ms. CARSON. Part 4044] received March 11, 1997, pursuant Transportation and Infrastructure. Mr. BENTSEN. to 5 U.S.C. 801(a)(1)(A); to the Committee on 2200. A letter from the Department of Mr. NEAL of Massachusetts. Education and the Workforce. Transportation, General Counsel, transmit- Mr. HOYER. 2189. A letter from the Federal Commu- ting the Department’s final rule—Amend- Ms. RIVERS. nications Commission, Managing Director, ment to Class E Airspace; Springfield/Chico- transmitting the Commission’s final rule— Mr. KANJORSKI. pee, MA (Federal Aviation Administration) Amendment of Section 73.202(b) Table of Al- Mr. VISCLOSKY. [Airspace Docket No. 96–ANE–46] (RIN: 2120– lotments, FM Broadcast Stations (Galena AA66) received March 10, 1997, pursuant to 5 Mr. FROST. and Baxter Springs, Kansas) [MM Docket No. U.S.C. 801(a)(1)(A); to the Committee on Ms. ESHOO. 96–177] received March 10, 1997, pursuant to 5 Transportation and Infrastructure. Ms. KAPTUR. U.S.C. 801(a)(1)(A); to the Committee on 2201. A letter from the Department of Mr. TRAFICANT. Commerce. Transportation, General Counsel, transmit- Mr. UNDERWOOD. 2190. A letter from the National Endow- ting the Department’s final rule—Amend- Mr. POMEROY. ment for the Humanities, Chairman, trans- ment to Class E Airspace; Nashua, NH, New- mitting a report of activities under the Free- Mr. DELLUMS. port, RI, Mansfield, MA, Providence, RI, and dom of Information Act for the calendar year Taunton, MA (Federal Aviation Administra- Mr. ANDREWS. 1996, pursuant to 5 U.S.C. 552(d); to the Com- tion) [Airspace Docket No. 97–ANE–11] (RIN: Ms. DELAURO. mittee on Government Reform and Over- 2120–AA66) received March 10, 1997, pursuant Mr. KILDEE. sight. to 5 U.S.C. 801(a)(1)(A); to the Committee on Mr. BARRETT of Wisconsin. 2191. A letter from the National Endow- Transportation and Infrastructure. Mr. CLEMENT. ment of the Arts, Chairman, transmitting a 2203. A letter from the Department of Mrs. MINK of Hawaii. report of activities under the Freedom of In- Transportation, General Counsel Transmit- Ms. CHRISTIAN-GREEN. formation Act for the calendar year 1996, ting the Department’s final rule—Amend- (The following Members (at the re- pursuant to 5 U.S.C. 552(d); to the Committee ment to Class D and E2 Airspace; Orlando, on Government Reform and Oversight. FL (Federal Aviation Administration) [Air- quest of Mr. PEASE) to revise and ex- 2192. A letter from the National Railroad space Docket No. 96–ASO–40] (RIN: 2120– tend their remarks and include extra- Passenger Corporation [AMTRAK], Vice AA66) received March 10, 1997, pursuant to 5 neous material): President for Government Affairs, transmit- U.S.C. 801(a)(1)(A); to the Committee on Mr. YOUNG of Alaska. ting a report of activities under the Freedom Transportation and Infrastructure. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H887

2204. A letter from the Department of popularly known as the Paperwork Reduc- WAMP, Mr. WATTS of Oklahoma, Mr. Transportation, General Counsel, transmit- tion Act, to minimize the burden of Federal WELDON of Florida, and Mr. WICKER): ting the Department’s final rule—Amend- paperwork demands upon small businesses, H.R. 1003. A bill to clarify Federal law with ment to Class E Airspace; Fort Stewart, GA educational and nonprofit institutions, Fed- respect to restricting the use of Federal (Federal Aviation Administration) [Airspace eral contractors, State and local govern- funds in support of assisted suicide; to the Docket No. 96–ASO–41] (RIN: 2120–AA66) re- ments, and other persons through the spon- Committee on Commerce, and in addition, ceived March 10, 1997, pursuant to 5 U.S.C. sorship and use of alternative information for a period ending not later than 30 calendar 801(a)(1)(A); to the Committee on Transpor- technologies (Rept. 105–15). Referred to the days after the Committee on Commerce re- tation and Infrastructure. House Calendar. ports to the House, to the Committees on 2205. A letter from the Department of Mr. YOUNG of Alaska: Committee on Re- Ways and Means, the Judiciary, Education Transportation, General Counsel, transmit- sources. House Joint Resolution 32. Resolu- and the Workforce, Government Reform and ting the Department’s final rule—Amend- tion to consent to certain amendments en- Oversight, Resources, and International Re- ment to Class D, E2 and E4 Airspace; Gaines- acted by the Legislature of the State of Ha- lations, in each case for consideration of ville, FL (Federal Aviation Administration) waii to the Hawaiian Homes Commission such provisions as fall within the jurisdic- [Airspace Docket No. 96–ASO–39] (RIN: 2120– Act, 1920 (Rept. 105–16). Referred to the Com- tion of the committee concerned. AA66) received March 10, 1997, pursuant to 5 mittee of the Whole House on the State of By Mr. BOEHNER: U.S.C. 801(a)(1)(A); to the Committee on the Union. H.R. 1004. A bill to amend the Federal Transportation and Infrastructure. Mr. YOUNG of Alaska: Committee on Re- Property and Administrative Services Act of 2206. A letter from the Department of sources. H.R. 709. A bill to reauthorize and 1949 to authorize the transfer of surplus real Transportation, General Counsel, transmit- amend the National Geologic Mapping Act of property and surplus personal property to ting the Department’s final rule—Amend- 1992, and for other purposes; with an amend- nonprofit organizations for housing use, and ment to Class E Airspace, Fremont, NE (Fed- ment (Rept. 105–17). Referred to the Commit- to authorize the transfer of surplus personal eral Aviation Administration) [Airspace tee on the Whole House on the State of the property for donation to nonprofit providers Docket No. 97–ACE–2] (RIN: 2120–AA66) re- Union. of necessaries to impoverished families and ceived March 10, 1997, pursuant to 5 U.S.C. Mr. SOLOMON: Committee on Rules. individuals; to the Committee on Govern- 801(a)(1)(A); to the Committee on Transpor- House Resolution 90. Resolution providing ment Reform and Oversight. tation and Infrastructure. for consideration of the resolution (H. Res. By Mr. KING of New York (for himself, 2207. A letter from the Department of 89) requesting the President to submit a Mr. PETRI, Mr. CHRISTENSEN, Mr. Transportation, General Counsel Transmit- budget for fiscal year 1998 that would bal- ROHRABACHER, Mr. HILLEARY, Mr. LI- ting the Department’s final rule—Standard ance the Federal budget by fiscal year 2002 PINSKI, Mrs. KELLY, Mr. ROYCE, Mr. Instrument Approach Procedures; Mis- without relying on budgetary contingencies STUMP, Mr. TAYLOR of North Caro- cellaneous Amendments (Federal Aviation (Rept. 105–18). Referred to the House Cal- lina, Mr. NEY, Mr. BONO, Mr. Administration [Docket No. 28821; Amdt. No. endar. BARRETT of Nebraska, Mr. LAHOOD, Mr. MANZULLO, Mr. WELDON of Flor- 1786] (RIN: 2120–AA65) received March 10, f 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the ida, and Mrs. ROUKEMA): H.R. 1005. A bill to amend title 4, United Committee on Transportation and Infra- PUBLIC BILLS AND RESOLUTIONS States Code, to declare English as the offi- structure. cial language of the Government of the Unit- 2208. A letter from the Internal Revenue Under clause 5 of rule X and clause 4 ed States, and for other purposes; to the Service, Chief, Regulations Unit, transmit- of rule XXII, public bills and resolu- Committee on Education and the Workforce, ting the Service’s final rule—Examination of tions were introduced and severally re- and in addition to the Committee on the Ju- Returns and Claims for Refund, Credit, or ferred as follows: diciary, for a period to be subsequently de- Abatement; Determination of Correct Tax By Mr. HALL of Texas (for himself, Mr. termined by the Speaker, in each case for Liability [Rev. Proc. 97–21] received March BAKER, Mr. BARCIA of Michigan, Mr. consideration of such provisions as fall with- 10, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to BARR of Georgia, Mr. BARTLETT of in the jurisdiction of the committee con- the Committee on Ways and Means. Maryland, Mr. BARTON of Texas, Mr. cerned. f BILIRAKIS, Mr. BLILEY, Mr. BOEHNER, By Mr. FOX of Pennsylvania (for him- Mr. BONILLA, Mr. BRYANT, Mr. self and Mr. MCHALE): REPORTS OF COMMITTEES ON BUNNING of Kentucky, Mr. BURR of H.R. 1006. A bill to amend title 5, United PUBLIC BILLS AND RESOLUTIONS North Carolina, Mr. BURTON of Indi- States Code, to provide veterans’ preference Under clause 2 of rule XIII, reports of ana, Mr. CANADY of Florida, Mr. status to certain individuals who served on committees were delivered to the Clerk CHABOT, Mrs. CHENOWETH, Mr. active duty in the Armed Forces in connec- CHRISTENSEN, Mr. CLEMENT, Mr. for printing and reference to the proper tion with Operation Desert Shield or Oper- COBLE, Mr. COBURN, Mr. COLLINS, Mr. ation Desert Storm, and for other purposes; calendar, as follows: CONDIT, Mrs. CUBIN, Mr. CUNNINGHAM, to the Committee on Government Reform Mr. BLILEY: Committee on Commerce. Mr. DEAL of Georgia, Mr. DELAY, Mr. and Oversight. H.R. 649. A bill to amend sections of the De- DICKEY, Mr. DOOLITTLE, Mr. DOYLE, By Mr. FOX of Pennsylvania (for him- partment of Energy Organization Act that Ms. DUNN of Washington, Mr. ENG- self, Mr. NORWOOD, Mr. MCHALE, Mr. are obsolete or inconsistent with other stat- LISH of Pennsylvania, Mr. FORBES, SAXTON, Mr. HOLDEN, Mr. WATTS of utes and to repeal a related section of the Mr. GANSKE Mr. GOODLATTE, Mr. Oklahoma, Mrs. KELLY, Mr. Federal Energy Administration Act of 1974 GRAHAM, Mr. GREEN, Mr. GUTKNECHT, HAYWORTH, Mr. MCHUGH, Mr. TIAHRT, (Rept. 105–11). Referred to the Committee of Mr. HASTERT, Mr. HASTINGS of Wash- Mr. BEREUTER, Mr. FATTAH, Mr. ENG- the Whole House on the State of the Union. ington, Mr. HAYWORTH, Mr. HERGER, LISH of Pennsylvania, Mr. WHITFIELD, Mr. BLILEY: Committee on Commerce. Mr. HILLEARY, Mr. HOEKSTRA, Mr. Mr. DAVIS of Virginia, Mr. COBURN, H.R. 651. A bill to extend the deadline under HOLDEN, Mr. HOSTETTLER, Mr. HUN- Mr. PETERSON of Pennsylvania, Mr. the Federal Power Act for the construction TER, Mr. HYDE, Mr. ISTOOK, Mr. SAM FALEOMAVAEGA, Mr. CALVERT, Mr. of a hydroelectric project located in the JOHNSON, Mr. JONES, Mr. KASICH, PICKETT, Mr. FILNER, and Mr. DEAL of State of Washington, and for other purposes Mrs. KELLY, Mr. KING of New York, Georgia): (Rept. 105–12). Referred to the Committee of Mr. KLINK, Mr. KNOLLENBERG, Mr. H.R. 1007. A bill to amend title 38, United the Whole House on the State of the Union. LARGENT, Mr. LATHAM, Mr. LEWIS of States Code, to authorize the Secretary of Mr. BLILEY: Committee on Commerce. Kentucky, Mr. LINDER, Mr. LIVING- Veterans Affairs to offer a loan guaranteed H.R. 652. A bill to extend the deadline under STON, Mr. MCHUGH, Mr. MANTON, Mr. by an adjustable rate mortgage under chap- the Federal Power Act for the construction MANZULLO, Mr. MASCARA, Mr. MICA, ter 37 of such title; to the Committee on Vet- of a hydroelectric project located in the Mr. NEY, Mr. NORWOOD, Mr. NUSSLE, erans’ Affairs. State of Washington, and for other purposes Mr. OBERSTAR, Mr. OXLEY, Mr. PACK- By Mr. FOX of Pennsylvania (for him- (Rept. 105–13). Referred to the Committee of ARD, Mr. PAPPAS, Mr. PARKER, Mr. self, Mr. STUMP, Mr. EVANS, Mr. the Whole House on the State of the Union. PAUL, Mr. PAXON, Mr. PETRI, Mr. QUINN, and Mr. FILNER): Mr. GOODLING: Committee on Education POSHARD, Mr. QUINN, Mr. RAHALL, H.R. 1008. A bill to amend title 38, United and the Workforce. H.R. 914. A bill to make Mr. DAN SCHAEFER of Colorado, Mr. States Code, to authorize the provision of certain technical corrections in the Higher SCHIFF, Mr. SENSENBRENNER, Mr. funds in order to provide financial assistance Education Act of 1965 relating to graduation SHAYS, Mr. SHIMKUS, Mr. SKAGGS, Mr. by grant or contract to legal assistance enti- data disclosures (Rept. 105–14). Referred to SKEEN, Mr. SKELTON, Mr. SMITH of ties for representation of financially needy the Committee of the Whole House on the New Jersey, Mrs. LINDA SMITH of veterans in connection with proceedings be- State of the Union. Washington, Mr. SNOWBARGER, Mr. fore the U.S. Court of Veterans Appeals; to Mrs. MYRICK: Committee on Rules. House SOLOMON, Mr. SOUDER, Mr. STEARNS, the Committee on Veterans’ Affairs. Resolution 88. Resolution providing for the Mr. STENHOLM, Mr. STUMP, Mr. TAL- By Mrs. CHENOWETH (for herself, Mr. consideration of the bill (H.R. 852) to amend ENT, Mr. TAUZIN, Mr. TAYLOR of GOODE, Mr. YOUNG of Alaska, Mr. chapter 35 of title 44, United States Code, North Carolina, Mr. TIAHRT, Mr. SKEEN, Mr. PAUL, Mr. COBURN, Mr. H888 CONGRESSIONAL RECORD — HOUSE March 11, 1997

HOSTETTLER, Mr. GIBBONS, Mr. ment of income tax, and to contribute other BLAGOJEVICH, Mr. BONIOR, Mr. BOR- HERGER, Mr. LEWIS of Kentucky, Mr. amounts, for use by the U.S. Olympic Com- SKI, Mr. BOUCHER, Ms. BROWN of Flor- DOOLITTLE, and Mrs. CUBIN): mittee; to the Committee on Ways and ida, Mr. BUNNING of Kentucky, Mrs. H.R. 1009. A bill to repeal section 658 of Means. CARSON, Mr. CASTLE, Mr. CLAY, Mr. Public Law 104–208, commonly referred to as By Mr. KENNEDY of Massachusetts COBLE, Mr. COBURN, Mr. CONDIT, Mr. the Lautenberg amendment; to the Commit- (for himself, Mr. MORAN of Virginia, CONYERS, Mr. COYNE, Mr. tee on the Judiciary. Mr. FILNER, Mr. DELLUMS, Mr. GEJD- CUNNINGHAM, Mr. DAVIS of Virginia, By Mr. CONDIT (for himself, Mr. ENSON, and Ms. JACKSON-LEE): Mr. DEFAZIO, Mr. DELAHUNT, Ms. PORTMAN, Mr. SMITH of Michigan, Mr. H.R. 1017. A bill to amend the Communica- DELAURO, Mr. DELLUMS, Mr. HERGER, and Mr. WATTS of Okla- tions Act of 1934 to require the Federal Com- DEUTSCH, Mr. DIAZ-BALART, Ms. DUNN homa): munications Commission to establish a toll- of Washington, Mr. EHLERS, Mr. ENG- H.R. 1010. A bill to improve congressional free telephone number and a computer net- LISH of Pennsylvania, Mr. ENSIGN, deliberation on proposed Federal private sec- work site for the collection of complaints Ms. ESHOO, Mr. EVANS, Mr. tor mandates, and for other purposes; to the concerning violence and other patently of- FALEOMAVAEGA, Mr. FARR of Califor- Committee on Rules. fensive material on broadcast and cable tele- nia, Mr. FATTAH, Mr. FAZIO of Cali- By Ms. DANNER: vision, and for other purposes; to the Com- fornia, Mr. FILNER, Mr. FLAKE, Mr. H.R. 1011. A bill to direct the Secretary of mittee on Commerce. FOGLIETTA, Mr. FOLEY, Mr. FORBES, Transportation to carry out a comprehensive By Mr. LAFALCE (for himself, Mr. Mr. FOX of Pennsylvania, Mr. FRANK ´ program to assist States in adopting a na- GREENWOOD, Ms. VELAZQUEZ, Mr. of Massachusetts, Mr. FROST, Ms. tionwide emergency telephone number for OLVER, Ms. RIVERS, Mr. FRANK of FURSE, Mr. GALLEGLY, Mr. GEJDEN- cellular telephone users, and for other pur- Massachusetts, Mr. MORAN of Vir- SON, Mr. GEKAS, Mr. GILCHREST, Mr. poses; to the Committee on Commerce. ginia, Mr. ACKERMAN, Mr. SANDERS, GINGRICH, Mr. GONZALEZ, Mr. GREEN, By Mr. DICKEY: Mr. GUTIERREZ, Mr. FROST, Mrs. Mr. GUTIERREZ, Mr. HALL of Ohio, H.R. 1012. A bill to make emergency sup- MALONEY of New York, Ms. LOFGREN, Mr. HASTERT, Mr. HASTINGS of Flor- plemental appropriations, for relief from the Mr. HINCHEY, Mr. EVANS, Mr. PASTOR, ida, Mr. HAYWORTH, Mr. HEFNER, Mr. tornadoes that occurred in the State of Ar- Ms. SLAUGHTER, Mr. SKEEN, Ms. HINCHEY, Mr. HOLDEN, Mr. HORN, Ms. kansas, for the fiscal year ending September ESHOO, Mr. DEFAZIO, Mr. FOGLIETTA, JACKSON-LEE, Mr. JENKINS, Mrs. 30, 1997; to the Committee on Appropriations. Mr. GEJDENSON, and Mrs. JOHNSON of JOHNSON of Connecticut, Ms. EDDIE By Ms. ESHOO (for herself, Mr. Connecticut): BERNICE JOHNSON of Texas, Mr. KAN- GILLMOR, Mr. KLUG, Mr. PRICE of H.R. 1018. A bill to amend title XVIII of the JORSKI, Mrs. KELLY, Mrs. KENNELLY North Carolina, Mr. DICKS, Mr. HORN, Social Security Act to provide for coverage of Connecticut, Mr. KILDEE, Mr. KING Mr. EHLERS, Mr. BEREUTER, Mr. ENG- under part B of the Medicare Program of cer- of New York, Mr. KNOLLENBERG, Mr. LISH of Pennsylvania, Mr. MCCRERY, tain beta interferons and other biologicals KOLBE, Mr. LAFALCE, Mr. LAHOOD, Mr. KLINK, Mr. PETERSON of Min- and drugs approved by the Food and Drug Mr. LANTOS, Mr. LARGENT, Mr. nesota, Mr. MANTON, Mr. BOUCHER, Administration for treatment of multiple LATHAM, Mr. LEWIS of Georgia, Mr. Mr. BLUMENAUER, Mr. STUPAK, Mr. sclerosis; to the Committee on Commerce, MALONEY of Connecticut, Mrs. DEAL of Georgia, Mr. MCNULTY, Ms. and in addition to the Committee on Ways MALONEY of New York, Mr. MANTON, RIVERS, Mr. DINGELL, Mr. DELLUMS, and Means, for a period to be subsequently Mr. MARTINEZ, Mr. MATSUI, Mr. and Mr. BARRETT of Wisconsin): determined by the Speaker, in each case for MCCOLLUM, Mr. MCDERMOTT, Mr. H.R. 1013. A bill to amend the Communica- consideration of such provisions as fall with- MCGOVERN, Mr. MCHALE, Mr. tions Act of 1934 to facilitate utilization of in the jurisdiction of the committee con- MCHUGH, Mr. MCKEON, Ms. MCKIN- volunteer resources on behalf of the amateur cerned. NEY, Mr. MEEHAN, Mrs. MEEK of Flor- radio service; to the Committee on Com- By Mr. MCINNIS: ida, Mr. MILLER of California, Mr. merce. H.R. 1019. A bill to provide for a boundary MILLER of Florida, Mrs. MINK of Ha- By Mr. FRANK of Massachusetts (for adjustment and land conveyance involving waii, Mr. MOAKLEY, Ms. MOLINARI, himself, Mr. KENNEDY of Massachu- the Raggeds Wilderness, White River Na- Mrs. MORELLA, Mr. NADLER, Mr. setts, Mr. GONZALEZ, Mr. JACKSON, tional Forest, CO, to correct the effects of NEAL of Massachusetts, Ms. NORTON, Mr. GUTIERREZ, Mr. SCHUMER, Mr. earlier erroneous land surveys; to the Com- Mr. NORWOOD, Mr. OLVER, Mr. OWENS, STARK, Mr. MCDERMOTT, Mr. KLECZ- mittee on Resources. Mr. OXLEY, Mr. PASTOR, Mr. PAYNE, KA, Mrs. CARSON, Mr. LAFALCE, Mr. H.R. 1020. A bill to adjust the boundary of Ms. PELOSI, Ms. PRYCE of Ohio, Mr. KANJORSKI, Mr. HINCHEY, Ms. ROY- the White River National Forest in the State RAHALL, Mr. ROMERO-BARCELO, Mr. BAL-ALLARD, Mr. WATT of North of Colorado to include all National Forest RUSH, Mr. SABO, Mr. DAN SCHAEFER Carolina, and Ms. NORTON): System lands within Summit County, CO, of Colorado, Mr. SCHUMER, Mr. SHAW, H.R. 1014. A bill to amend the United which are currently part of the Dillon Rang- Mr. SHAYS, Mr. SHUSTER, Mr. SISISKY, States Housing Act of 1937 to authorize pub- er District of the Arapaho National Forest; Mr. SKELTON, Mr. SMITH of New Jer- lic housing agencies to establish rental pay- to the Committee on Resources. ment amounts for assisted families that do H.R. 1021. A bill to provide for a land ex- sey, Mr. STARK, Mr. STEARNS, Mr. not discourage members of such families change involving certain National Forest STOKES, Mr. STUPAK, Mr. TALENT, Mr. from obtaining employment, and for other System lands within the Routt National For- TAYLOR of North Carolina, Mrs. purposes; to the Committee on Banking and est in the State of Colorado; to the Commit- THURMAN, Mr. TIERNEY, Mr. TORRES, Financial Services. tee on Resources. Mr. TOWNS, Mr. VISCLOSKY, Mr. By Mr. GUTIERREZ (for himself, Mr. By Mr. MILLER of Florida (for himself, WALSH, Mr. WATT of North Carolina, Mr. WAXMAN, Mr. WELDON of Penn- EVANS, Mr. FILNER, Mr. DELLUMS, Mr. FRANK of Massachusetts, Mr. sylvania, Mr. WOLF, Mr. WYNN, Mr. Mr. ABERCROMBIE, Mr. SERRANO, Mr. COBLE, Mrs. FOWLER, Mr. FROST, Mr. YATES, Mr. WELLER, Mr. SCHIFF, Mr. FRANK of Massachusetts, Ms. WA- TRAFICANT, Mr. BENTSEN, Mr. SHAYS, BISHOP, Mr. BOEHLERT, Mr. BROWN of TERS, Mr. STARK, Mr. TORRES, Mr. Mr. FLAKE, Mr. GILMAN, Mr. California, and Mr. SPRATT): GONZALEZ, Mr. PASTOR, Ms. ROYBAL- NETHERCUTT, Mr. BOEHLERT, Mr. H.R. 1023. A bill to provide for compas- ALLARD, Ms. VELA´ ZQUEZ, Mr. DEFAZIO, Mr. QUINN, and Mr. SOLO- sionate payments with regard to individuals ´ MON): HINOJOSA, Mr. ROMERO-BARCELO, Mr. with blood-clotting disorders, such as hemo- GREEN, Mr. MEEHAN, Mr. WATT of H.R. 1022. A bill to authorize manufactur- ers and dealers of cars, trucks, buses, and philia, who contracted human North Carolina, Mr. VENTO, Mr. immunodeficiency virus due to contami- multipurpose passenger vehicles and motor FORD, Ms. JACKSON-LEE, Ms. CHRIS- nated blood products, and for other purposes; vehicle repair businesses to install switches TIAN-GREEN, Mr. FROST, Mr. SABO, to the Committee on the Judiciary, and in to be used by drivers to deactivate air bags Mr. OBERSTAR, Mr. DAVIS of Illinois, addition to the Committees on Commerce, in cars, trucks, buses, and multipurpose pas- and Mr. BROWN of California): and Ways and Means, for a period to be sub- H.R. 1015. A bill to rescind restrictions on senger vehicles; to the Committee on Trans- sequently determined by the Speaker, in welfare and public benefits for legal immi- portation and Infrastructure, and in addition each case for consideration of such provi- grants enacted by title 4 of the Personal Re- to the Committee on Commerce, for a period sions as fall within the jurisdiction of the sponsibility and Work Opportunity Rec- to be subsequently determined by the Speak- committee concerned. onciliation Act of 1996, to reduce corporate er, in each case for consideration of such pro- By Mrs. MINK of Hawaii: welfare, to strengthen tax provisions regard- visions as fall within the jurisdiction of the H.R. 1024. A bill to establish requirements ing persons who relinquish U.S. citizenship, committee concerned. for the cancellation of automobile insurance and for other purposes; to the Committee on By Mr. GOSS (for himself, Mr. ABER- policies; to the Committee on Commerce. Ways and Means. CROMBIE, Mr. ACKERMAN, Mr. ARCHER, H.R. 1025. A bill to amend the Federal Elec- By Mr. HEFLEY: Mr. BAKER, Mr. BALDACCI, Mr. BARCIA tion Campaign Act of 1971 to prohibit the use H.R. 1016. A bill to amend the Internal Rev- of Michigan, Mr. BARRETT of Ne- of soft money to influence any campaign for enue Code of 1986 to provide a mechanism for braska, Mr. BENTSEN, Mr. BERMAN, election for Federal office; to the Committee taxpayers to designate $1 of any overpay- Mr. BILBRAY, Mr. BILIRAKIS, Mr. on House Oversight. March 11, 1997 CONGRESSIONAL RECORD — HOUSE H889 By Mr. PACKARD (for himself, Mrs. nia, Mr. WICKER, Mr. POMBO, Mr. ADDITIONAL SPONSORS KENNELLY of Connecticut, Mr. HUNTER, Mrs. FOWLER, Mr. CANNON, Under clause 4 of rule XXII, sponsors PAPPAS, Mr. FOLEY, Mr. BAKER, Mr. and Mr. SOLOMON): BARCIA of Michigan, Mr. FILNER, Mrs. H.J. Res. 62. Joint resolution proposing an were added to public bills and resolu- KELLY, Mr. MCKEON, Mr. SENSEN- amendment to the Constitution of the Unit- tions as follows: BRENNER, Mr. SHAYS, and Mr. WELDON ed States with respect to tax limitations; to H.R. 1: Mr. COOK. of Pennsylvania): the Committee on the Judiciary. H.R. 14: Mr. COBLE, Mr. SESSIONS, Mr. H.R. 1026. A bill to amend the Internal Rev- By Mr. PAXON: MCKEON, Mr. DEUTSCH, Mr. CLEMENT, Mr. enue Code of 1986 to allow a capital loss de- H.J. Res. 63. Joint resolution proposing an BLILEY, Mr. GREENWOOD, Mr. KLUG, Mr. duction with respect to the sale of a prin- amendment to the Constitution of the Unit- GOODLATTE, and Mr. GIBBONS. cipal residence; to the Committee on Ways ed States to provide that Federal judges be H.R. 17: Mr. FROST and Mr. JEFFERSON. and Means. reconfirmed by the Senate every 12 years; to H.R. 18: Ms. FURSE, Mr. SENSENBRENNER, By Mr. PAXON: the Committee on the Judiciary. Mr. DOYLE, Mr. HEFLEY, Mr. TOWNS, Mr. H.R. 1027. A bill to amend title 28, United By Mr. DUNCAN (for himself, Mr. LI- KUCINICH, Mr. WICKER, Mr. WYNN, and Mr. States Code, to provide for a three-judge PINSKI, Mr. TRAFICANT, and Mrs. MCGOVERN. court to hear and determine any application MYRICK): H.R. 27: Mr. BLILEY, Mr. PAUL, Mr. JONES, for an injunction against the enforcement of H. Con. Res. 42. Concurrent resolution re- and Mr. BURR of North Carolina. a State or Federal law on the ground of un- garding the waiver of diplomatic immunity H.R. 38: Mr. BORSKI and Mr. BARCIA of constitutionality, and for other purposes; to in cases involving serious criminal offenses; Michigan. the Committee on the Judiciary. H.R. 45: Mr. PETERSON of Minnesota, Mr. to the Committee on International Rela- By Mr. SAXTON: SANDLIN, and Mr. KANJORSKI. tions. H.R. 1028. A bill to amend the Internal Rev- H.R. 65: Mr. BORSKI, Mr. BISHOP, and Mr. By Mr. FRANKS of New Jersey (for enue Code of 1986 to provide a partial exclu- GREEN. himself, Mr. BORSKI, Mr. GILCHREST, sion from gross income of certain retirement H.R. 71: Mr. WYNN and Mr. SENSENBRENNER. Mr. LAHOOD, Mr. QUINN, Mr. NADLER, benefits received by taxpayers who have at- H.R. 86: Mr. RIGGS and Mr. LATOURETTE. tained age 65; to the Committee on Ways and Mr. LOBIONDO, Mr. MCGOVERN, Mr. H.R. 96: Mr. LEACH and Mr. INGLIS of South Means. PASCRELL, Mr. SHAYS, Mr. Carolina. By Mr. TOWNS: FRELINGHUYSEN, Mrs. MORELLA, Mrs. H.R. 98: Mr. BALDACCI, Mr. COOK, Ms. H.R. 1029. A bill to protect the personal pri- KENNELLY of Connecticut, Mrs. PELOSI, and Mr. BROWN of California. vacy rights of insurance customers and KELLY, Mr. MARKEY, Mr. CARDIN, Mr. H.R. 107: Mr. KING of New York, Mr. SAW- claimants, and for other purposes; to the KENNEDY of Massachusetts, Mr. YER, Mr. WYNN, Mr. EVANS, Mr. BISHOP, Mr. Committee on Commerce, and in addition to MCHUGH, Mr. CASTLE, Ms. DELAURO, BONIOR, Ms. WOOLSEY, Mr. GREEN, and Mr. the Committee on the Judiciary, for a period Mr. MCHALE, Mr. KENNEDY of Rhode DIAZ-BALART. to be subsequently determined by the Speak- Island, Mr. CUMMINGS, Mr. HOLDEN, H.R. 122: Mr. PAUL and Mr. HUNTER. er, in each case for consideration of such pro- and Mr. ROTHMAN): H.R. 135: Ms. EDDIE BERNICE JOHNSON of visions as fall within the jurisdiction of the H. Con. Res. 43. Concurrent resolution ex- Texas, Mr. KLECZKA, Mr. KUCINICH, Ms. committee concerned. pressing the sense of Congress that the Inter- MCKINNEY, Ms. STABENOW, Mr. WISE, and Mr. By Mr. BARTON of Texas (for himself, modal Surface Transportation Efficiency Act REYES. Mr. HALL of Texas, Mr. SHADEGG, Mr. of 1991 should not be radically overhauled, H.R. 157: Mr. FOX of Pennsylvania. ANDREWS, Mr. TAYLOR of Mississippi, and for other purposes; to the Committee on H.R. 158: Mr. RIGGS and Mr. NEAL of Massa- Mr. ADERHOLT, Mr. ARMEY, Mr. Transportation and Infrastructure. chusetts. BAKER, Mr. BARR of Georgia, Mr. By Mr. SANDERS (for himself, Mr. H.R. 162: Mr. WATKINS. BARRETT of Nebraska, Mr. BARTLETT GILMAN, Ms. PELOSI, Mr. WOLF, and H.R. 169: Mr. BAKER and Mr. HOBSON. of Maryland, Mr. BASS, Mr. BILBRAY, Mr. CAPPS): H.R. 173: Mr. HORN, Mr. SCHIFF, Mr. HYDE, Mr. BLILEY, Mr. BLUNT, Mr. BONILLA, H. Con. Res. 44. Concurrent resolution ex- Mr. BROWN of California, Mr. BLUMENAUER, Mr. BONO, Mr. BRADY, Mr. BUNNING of pressing the sense of the Congress with re- Mr. HERGER, and Mr. PACKARD. Kentucky, Mr. BURR of North Caro- spect to United States opposition to the pris- H.R. 218: Mrs. KELLY and Mr. WISE. lina, Mr. BURTON of Indiana, Mr. CAL- on sentence of Tibetan ethnomusicologist H.R. 292: Mr. SOUDER. VERT, Mr. CAMP, Mr. CHABOT, Mrs. Ngawang Choephel by the Government of the H.R. 297: Mr. FALEOMAVAEGA, Ms. LOFGREN, CHENOWETH, Mr. CHRISTENSEN, Mr. People’s Republic of China, and that the and Mr. EVANS. H.R. 298: Mr. FROST and Mrs. MALONEY of COBLE, Mr. COBURN, Mr. COLLINS, Mr. United States should sponsor and promote a New York. COMBEST, Mr. COOK, Mr. COOKSEY, resolution at the U.N. Commission on H.R. 301: Mr. FALEOMAVAEGA, Ms. LOFGREN, Mrs. CUBIN, Mr. CUNNINGHAM, Mr. Human Rights regarding China and Tibet; to and Mr. EVANS. CRANE, Mr. DEAL of Georgia, Mr. the Committee on International Relations. H.R. 303: Mr. BORSKI, Mr. BISHOP, and Mr. DELAY, Mr. DOOLITTLE, Mr. DUNCAN, By Mr. STUPAK: GREEN. Mrs. EMERSON, Mr. ENGLISH of Penn- H. Con. Res. 45. Concurrent resolution ex- H.R. 328: Mr. HEFLEY. sylvania, Mr. ENSIGN, Mr. FOX of pressing the sense of the Congress that a H.R. 336: Mr. QUINN. Pennsylvania, Mr. FRELINGHUYSEN, postage stamp should be issued to honor H.R. 366: Mrs. MINK of Hawaii. Mr. GIBBONS, Mr. GINGRICH, Mr. Bishop Frederic Baraga; to the Committee H.R. 383: Mr. FOX of Pennsylvania, Mr. GOODE, Mr. GOODLATTE, Mr. GOOD- on Government Reform and Oversight. UNDERWOOD, Mr. TORRES, Mr. GREEN, and Mr. LING, Mr. GRAHAM, Ms. GRANGER, Mr. By Mr. SUNUNU (for himself, Ms. JEFFERSON. GREENWOOD, Mr. HANSEN, Mr. HAST- GRANGER, and Mr. PITTS): H.R. 400: Mr. WEXLER, Mr. DELAHUNT, Mr. INGS of Washington, Mr. HAYWORTH, H. Res. 89. Resolution requesting the Presi- FARR of California, Mrs. MEEK of Florida, Mr. HEFLEY, Mr. HERGER, Mr. dent to submit a budget for fiscal year 1998 Mr. HOUGHTON, Mr. NADLER, and Ms. FURSE. HILLEARY, Mr. HOEKSTRA, Mr. INGLIS that would balance the Federal budget by H.R. 406: Mr. WELDON of Pennsylvania, Mr. of South Carolina, Mr. ISTOOK, Mr. fiscal year 2002 without relying on budgetary WALSH, and Mr. HINCHEY. SAM JOHNSON, Mr. JONES, Mr. KASICH, contingencies; to the Committee on the H.R. 417: Mr. LEWIS of Georgia, Mrs. Mrs. KELLY, Mr. LAHOOD, Mr. Budget. LOWEY, Mr. SANDERS, Mr. MCDERMOTT, Ms. LARGENT, Mr. LATHAM, Mr. By Mr. THOMAS: KILPATRICK, Mr. QUINN, Mr. COYNE, Mr. LATOURETTE, Mr. LEWIS of Kentucky, H. Res. 91. Resolution providing amounts FLAKE, and Mr. MCGOVERN. Mr. MANZULLO, Mr. MCCOLLUM, Mr. for the expenses of certain committees of the H.R. 437: Mr. SERRANO, Mr. FLAKE, Mr. MCHUGH, Mr. MCINTOSH, Mr. MICA, House of Representatives in the 105th Con- SHAW, Mr. SCARBOROUGH, Mr. SHAYS, and Mr. Mr. MILLER of Florida, Ms. MOLINARI, gress; to the Committee on House Oversight. CARDIN. Mr. NORWOOD, Mr. OXLEY, Mr. PACK- H.R. 446: Mr. SKEEN. ARD, Mr. PETERSON of Pennsylvania, f H.R. 464: Mr. TOWNS. Mr. RIGGS, Mr. ROGAN, Mr. H.R. 465: Mr. BENTSEN. ROHRABACHER, Mr. ROYCE, Mr. SALM- H.R. 478: Mr. RADANOVICH, Mr. ON, Mr. SANFORD, Mr. SAXTON, Mr. PRIVATE BILLS AND ROHRABACHER, Mr. DOOLITTLE, Mr. LEWIS of SCARBOROUGH, Mr. BOB SCHAFFER, RESOLUTIONS California, Mr. HOSTETTLER, Mr. YOUNG of Mr. SENSENBRENNER, Mr. SESSIONS, Alaska, Mr. HULSHOF, Mr. NETHERCUTT, Mr. Mr. SHIMKUS, Mr. SMITH of Michigan, Under clause 1 of rule XXII, SMITH of Oregon, Mrs. EMERSON, Mrs. Mr. SMITH of New Jersey, Mr. SMITH Mr. HOEKSTRA introduced a bill (H.R. CHENOWETH, Mr. LARGENT, and Mr. of Texas, Mrs. LINDA SMITH of Wash- 1030) to authorize the Secretary of Transpor- MCINTOSH. ington, Mr. SPENCE, Mr. STEARNS, tation to issue a certificate of documenta- H.R. 521: Mr. DAVIS of Illinois, Mrs. Mr. STUMP, Mr. TALENT, Mr. TAYLOR tion with appropriate endorsement for em- CHENOWETH, Mr. BOUCHER, Mr. KILDEE, Mr. of North Carolina, Mr. THORNBERRY, ployment in the coastwise trade for the ves- STEARNS, Mr. GOSS, Mr. JEFFERSON, Mr. Mr. WATTS of Oklahoma, Mr. WELDON sel W.G. Jackson; to the Committee on Trans- CUNNINGHAM, Mr. KANJORSKI, Mr. WEXLER, of Florida, Mr. WELDON of Pennsylva- portation and Infrastructure. and Mr. GORDON. H890 CONGRESSIONAL RECORD — HOUSE March 11, 1997

H.R. 525: Mr. HERGER, Mr. SAM JOHNSON, H.R. 767: Mr. BURR of North Carolina. H.R. 930: Mr. SANFORD and Mr. DAVIS of and Ms. DUNN of Washington. H.R. 773: Mr. SANDLIN and Mr. LEACH. Virginia. H.R. 534: Mr. RANGEL, Mr. KLECZKA, Mr. H.R. 805: Mr. BILBRAY. H.R. 949: Mr. PASCRELL. NEAL of Massachusetts, Mr. CARDIN, and Mr. H.R. 811: Mr. BONIOR, Mr. MCDADE, Mr. H.R. 950: Mr. SCHUMER, Mr. SANDERS, Mr. FLAKE. BALLENGER, Mr. CRAMER, Ms. DANNER, Mr. MCGOVERN, Mrs. MINK of Hawaii, and Ms. H.R. 538: Ms. LOFGREN and Mr. ABERCROM- GIBBONS, Mr. LATOURETTE, Mr. MCINTOSH, MCKINNEY. BIE. Mr. POMBO, Mr. SCARBOROUGH, Mr. TALENT, H.R. 954: Mr. KLUG. H.R. 553: Ms. DEGETTE, Mr. EVANS, Mr. and Mr. YOUNG of Alaska. FOGLIETTA, Ms. LOFGREN, Mr. UNDERWOOD, H.R. 815: Mr. EHLERS, Mr. BONIOR, Ms. H.R. 956: Mr. BARRETT of Wisconsin and Mr. WEYGAND, Mr. KUCINICH, Ms. WOOLSEY, WOOLSEY, Mr. TORRES, Mr. COBURN, Mr. Mr. WOLF. Mr. FALEOMAVAEGA, Mr. SANDLIN, and Mr. WISE, Mr. CUMMINGS, Mr. SANDLIN, Mr. GOR- H.R. 977: Mr. LAHOOD. HEFLEY. DON, and Mrs. MYRICK. H.J. Res. 1: Mr. LIVINGSTON. EEK ACK H.R. 577: Mrs. M of Florida, Ms. J - H.R. 820: Mr. SANDERS, Mr. KENNEDY of H.J. Res. 26: Mr. BEREUTER, Mr. PAUL, and SON EE IVERS ORTON -L , Ms. R , Ms. N , and Mr. Massachusetts, Mr. BOUCHER, Mr. KENNEDY Mr. BURR of North Carolina. BONIOR. of Rhode Island, Mr. NADLER, Mr. BROWN of H.J. Res. 40: Mr. BURTON of Indiana. H.R. 586: Mr. DOYLE, Mr. DINGELL, Mr. Ohio, Mr. GREEN, Mr. CONYERS, Ms. MCCAR- H.J. Res. 45: Ms. PELOSI, Mr. MALONEY of JONES, Mr. KANJORSKI, Mr. KUCINICH, and Ms. THY of Missouri, Mr. TIERNEY, Mr. OLVER, Connecticut, and Mr. BISHOP. ROYBAL-ALLARD. Mr. FRANK of Massachusetts, Ms. PELOSI, and H.R. 607: Mr. BROWN of California, Mr. H.J. Res. 54: Mr. BONILLA, Mrs. CHENOWETH, Mr. FLAKE. Mr. GINGRICH, Mr. LEWIS of Kentucky, Mr. ROYCE, Mr. KUCINICH, Ms. NORTON, and Mr. H.R. 832: Mr. EVANS. UTHER YUN ANFORD SESSIONS. H.R. 840: Mr. BENTSEN. L , Mr. R , and Mr. S . UINN OX H.R. 617: Mr. Q , Mr. F of Pennsylva- H.R. 841: Mr. RANGEL. H. Con. Res. 13: Mr. SAWYER, Mr. CAL- nia, Mr. COSTELLO, Mr. MCGOVERN, and Mr. H.R. 849: Mr. KINGSTON, Mr. HAYWORTH, and LAHAN, Mr. BISHOP, Mr. CAMPBELL, Mr. GREEN. Mr. STUMP. GOODLATTE, Mr. KUCINICH, Mr. DINGELL, Mr. H.R. 622: Mr. SMITH of Oregon. H.R. 852: Mr. WELLER and Mr. WEYGAND. DELLUMS, Mr. LANTOS, Mr. WAMP, Ms. WOOL- H.R. 628: Mr. MCCOLLUM, Mr. SHADEGG, and H.R. 871: Mrs. CARSON, Mr. EVANS, Ms. ROY- SEY, Ms. DANNER, Mr. BLUNT, Mr. ALLEN, Mr. Mr. SANDLIN. BAL-ALLARD, Mr. KUCINICH, and Mr. FOGLIETTA, Mr. COLLINS, and Ms. LOFGREN. H.R. 680: Mr. EVANS, Mr. REYES, and Mr. FALEOMAVAEGA. H. Con. Res. 16: Mr. PAYNE. HORN. H.R. 883: Mr. BOUCHER. H.R. 687: Mr. LEWIS of Georgia, Mrs. CAR- H. Con. Res. 23: Mr. TORRES and Ms. H.R. 902: Mr. BARCIA of Michigan, Ms. SON, Mr. TIERNEY, Mr. WYNN, Mr. MOAKLEY, DELAURO. DANNER, Mr. BOEHLERT, Mr. MCDADE, Mr. Mr. KUCINICH, and Mr. MCDERMOTT. H. Con. Res. 32: Mr. SHAYS, Ms. ROYBAL-AL- CAMP, and Mr. WICKER. H.R. 688: Mr. KLINK and Mr. FOX of Penn- LARD, and Mr. KUCINICH. H.R. 907: Mr. PARKER, Mr. NEUMANN, Mr. sylvania. H. Con. Res. 38: Mr. ENGEL, Mr. BACHUS, Mr. BRYANT, and Mr. BURTON of In- H.R. 715: Mr. SENSENBRENNER, Mr. TORRES, UNDERWOOD, and Mr. FALEOMAVAEGA. diana. Ms. NORTON, and Mr. JEFFERSON. H. Res. 15: Mr. ENGEL, Mr. LEWIS of Geor- H.R. 716: Mr. GOSS, Mr. MILLER of Florida, H.R. 918: Mr. UPTON. gia, Mrs. MALONEY of New York, Mr. SCHU- Mr. MCINTOSH, and Mr. BOB SCHAFFER. H.R. 919: Mr. KUCINICH, Ms. CHRISTIAN- MER, and Mr. MENENDEZ. H.R. 739: Mrs. CARSON. GREEN, and Mr. KILDEE. H.R. 750: Mr. UNDERWOOD and Mr. SHADEGG. H.R. 925: Mr. GANSKE and Mr. PARKER. H. Res. 30: Mr. NETHERCUTT. H.R. 752: Mr. LUCAS of Oklahoma. H.R. 928: Mrs. MYRICK, Mr. NETHERCUTT, H. Res. 39: Mr. FOGLIETTA, Mr. LIPINSKI, H.R. 755: Mr. KUCINICH, Mr. SOLOMON, and Mr. ENGLISH of Pennsylvania, and Mr. MIL- Ms. PELOSI, Mr. LAFALCE, Mr. BERMAN, Mr. Mr. REYES. LER of Florida. FRANK of Massachusetts, and Mr. STARK. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, FIRST SESSION

Vol. 143 WASHINGTON, TUESDAY, MARCH 11, 1997 No. 30 Senate The Senate met at 10 a.m., and was SCHEDULE We will recess between the hours of called to order by the President pro Mr. LOTT. Today, the Senate will re- 12:30 to 2:15 for the weekly policy con- tempore [Mr. THURMOND]. sume consideration of Senator GLENN’s ference and the caucus to meet. I also amendment to Senate Resolution 39, remind our colleagues that this week PRAYER the Governmental Affairs funding reso- we may have to go late into the night The Chaplain, Dr. Lloyd John lution reported by the Rules Com- one night, which will probably be Ogilvie, offered the following prayer: mittee. I hope the Senate will continue Thursday night, but we will work with The eyes of the Lord run to and fro and hopefully complete debate on the the leadership again and notify the throughout the whole earth, to show Him- Glenn amendment so that we may vote Members exactly what they can expect self strong on behalf of those whose heart sometime this afternoon on or in rela- in that regard. is loyal to Him.—II Chronicles 16:9. tion to the amendment. Of course, I Mr. President, before I yield the Almighty God, we long to be loyal to want to notify the Senate that we, as floor, I thank our colleagues for the de- You. We are deeply moved by the re- always is the case, reserve our right to bate yesterday. I thought it went well. minder that our loyalty can bring joy offer second-degree amendments to I want to commend and congratulate amendments that may be offered. I un- the distinguished chairman of the to You, that You are in search of men derstand that additional amendments Rules Committee. I think he is being and women whose commitment to You may be offered to Senate Resolution 39, very positive in his remarks. He is try- is expressed in consistency. and I presume that there will be a sub- ing to get this to a conclusion, and I As we reflect on that, we realize that stitute that will be included among think we need to do that. I thank the everything we know about loyalty we those to replace the resolution that is ranking member from Ohio for the way have learned from You. You are faith- before us. he has handled himself. ful and true. Your love never changes; I am sure we will have full debate on There are big problems in this city; it You never give up on us; You never all the amendments that may be of- is sort of like the city is burning, and waver in life’s battles; You never leave fered as well as a possible substitute we do not want to appear to be fiddling us. and the underlying funding resolution. any longer with getting a resolution In response, we want to be known as Therefore, Senators can expect rollcall that would allow this committee to go people who belong to You and believe votes throughout the day. forward and do its work with a reason- in You. We want people to know where I hope we will be able to conclude ac- able amount of money and a reasonable we stand in our relationship with You, tion on this measure today or early to- amount of time and with the emphasis Your moral absolutes, and Your ethical morrow. I talked with the Democratic on illegal activities as it might apply standards. In our relationships, we leader last night. He indicated that he to the Presidential candidates or Mem- want loyalty to be the foundation of hoped that would be possible. And bers of Congress. our character. That is possible only as when we do finish this, then there are I want to emphasize again that any- we live in a steady flow of Your faith- some nominations we hope to take up thing that might come out with regard fulness. and get a vote on, including the nomi- to Senators doing something inappro- Show Yourself strong in our lives nation of Federico Pen˜ a to be Sec- priate or unethical, that, as has always today. Give us boldness and courage retary of Energy. We would do that been the case, would go to the Ethics when we are tempted to remain silent hopefully in the morning or tomorrow Committee under the resolution that about our commitment to You, when afternoon. we are considering. issues of righteousness and justice de- After that, after consultation with Also, I want to assure my colleagues mand our witness, and when we are the Democratic leadership, we would that it is my intent that we look into called to sacrificial service in living expect to go to the Hollings constitu- the question of campaign reform. The Your commandment to love. Make us tional amendment concerning free Rules Committee has the authority, strong with the staying power of Your speech. So that could take the balance has the jurisdiction and under this res- spirit. Amen. of the week, maybe even going over olution has additional money, $450,000 f into Friday with some debate, with additional funds, to look into how the votes likely occurring—and, again, we campaigns were conducted last year, RECOGNITION OF THE MAJORITY will have to work this out—maybe on how legal activities were handled and LEADER final passage late Monday afternoon. whether or not changes need to be The PRESIDENT pro tempore. The But we will notify Senators as we go made. able majority leader, Senator LOTT, is along exactly when the votes will occur It is my intent in due time after recognized. on Wednesday and Thursday and if any proper hearings and after a lot of con- Mr. LOTT. I thank the Chair. on Friday. sultation that we will take up this

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

S2095

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VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2096 CONGRESSIONAL RECORD — SENATE March 11, 1997 issue. The inference continues to be Mr. LOTT. Mr. President, I ask unan- the 1996 Federal election campaigns. It that our goal is just to block it. We do imous consent that the order for the is also to make sure that the Rules not intend to set a magic date, whether quorum call be rescinded. Committee has the full authority, with that date is May 1, April 15, or Labor The PRESIDING OFFICER. Without the support of the Senate, to get into Day, for that matter. That may be a objection, it is so ordered. matters relating to Federal elections good time to set up a magic date. But f generally, including the President, the we should not get locked in on dates Vice President and Members of Con- AUTHORIZING EXPENDITURES BY certain. Let us just do our job. gress, and corrupt practices. That is what I hope the Senate will THE COMMITTEE ON GOVERN- The Governmental Affairs Com- do on this resolution. That is what we MENTAL AFFAIRS mittee, under this amendment, shall intend to do in the committee of the The PRESIDING OFFICER. Under refer to the Committee on Rules and distinguished chairman from Virginia, the previous order, the clerk will re- Administration any evidence of activi- to have hearings on campaign finance port the resolution. ties in connection with the 1996 Federal reform and look at all these questions The legislative clerk read as follows: election campaigns which activities in regard to how soft money is used, A resolution (S. Res. 39) authorizing ex- are not illegal but which require inves- independent expenditures, and how penditures by the Committee on Govern- tigation of a committee of the Senate labor union dues are used without mental Affairs. revealed pursuant to the investigation labor union members’ permission. The Senate resumed consideration of authorized under subsection (b). What is the situation with illegal for- the resolution. The Rules Committee is going to be eign contributions? Do we, in fact, Pending: an active committee. The Rules Com- have in this case, as has been sug- Glenn amendment No. 21, to clarify the mittee will look into any allegations of gested, the possibility of even espio- scope of the investigation. problems with existing campaign laws nage? This is serious. What we need is AMENDMENT NO. 22 TO AMENDMENT NO. 21 or campaign finance laws. They will for a committee of credibility and ju- Mr. LOTT. Mr. President, I send an have hearings, and they have the juris- risdiction to get started with their amendment to the desk to the pending diction and the authority to move leg- work, and I hope that we can do that amendment. islatively. with as little rancor today as possible. The PRESIDING OFFICER. The The Governmental Affairs Com- Mr. President, I yield the floor. clerk will report. mittee has a budget of $4.53 million for Mr. GLENN addressed the Chair. The legislative clerk read as follows: its investigation, and it has very broad The PRESIDING OFFICER (Mr. The Senator from Mississippi [Mr. LOTT], authority to conduct hearings on the SMITH of Oregon). The Chair recognizes for himself and Mr. WARNER, proposes an 1996 Federal election campaigns. But it the Senator from Ohio. amendment numbered 22 to amendment No. is the Rules Committee that has the Mr. GLENN. Mr. President, a ques- 21. tion of the majority leader, if I might. jurisdiction to act legislatively on Mr. LOTT. Mr. President, I ask unan- With the debate proceeding this morn- campaign reform. imous consent that the reading of the So I emphasize, again, as I did ear- ing on my amendment and the possi- amendment be dispensed with. lier, it is our intent for the Rules Com- bility that we may be able to complete The PRESIDING OFFICER. Without mittee to act in this area. We have pro- that debate this morning and move on objection, it is so ordered. vided additional funding and, once to discussion of another amendment The amendment is as follows: again, rather than getting into a great and knowing the schedules of all the big argument about scope, it is clear other Senators are very tight, too, and In the pending amendment, strike all after ‘‘(b)’’ and insert the following: what should happen here. letting them plan their activities here ‘‘(b) PURPOSE OF ADDITIONAL FUNDS.—The First of all, there are lots of allega- in the Chamber as well as other places, additional funds authorized by this section tions of illegal activities, foreign con- would it be agreeable to put the vote are for the sole purpose of conducting an in- tributions that may have come into off until after the caucus? vestigation of illegal activities in connection campaigns—Presidential or congres- Mr. LOTT. It is our intent, and I be- with 1996 Federal election campaigns. sional—the indications that maybe lieve the minority leader has no objec- ‘‘(c) REFERRAL TO COMMITTEE ON RULES even a foreign government may have tion—I have not discussed that with AND ADMINISTRATION.—Because the Com- had an organized plan to be involved in him—to have our first votes at 2:15 mittee on Rules and Administration, not the campaigns. We know if these activities after the conference and caucus. Committee on Governmental Affairs, has ju- Mr. GLENN. That would be fine. I risdiction rule 25 over all proposed legisla- occurred, they would be illegal, but we tion and other matters relating to— don’t know what happened. We need a would make that as a unanimous-con- ‘‘(1) Federal elections generally, including sent agreement, that any votes that process to look into these things. We the election of the President, the Vice Presi- need a focused investigation into these might normally occur this morning fol- dent, and Members of the Congress, and lowing debate on my amendment and ‘‘(2) corrupt practices, allegations. other amendments that might be Yet, there are those who say we need the Committee on Governmental Affairs to broaden the scope widely, narrow brought up at least be stacked until— shall refer to the Committee on Rules and the vote on my amendment be delayed Administration any evidence of activities in the money, and limit the time. It is a until after the caucus this afternoon. connection with 1996 Federal election cam- prescription for not getting the job Mr. LOTT. I reserve the right to ob- paigns which activities are not illegal but done. This investigation, with the addi- ject, Mr. President. I would like, if I which may require investigation by a com- tional authority that is being provided could, to ask the ranking member to mittee of the Senate revealed pursuant to of $4.53 million, is for illegal activities, the investigation authorized by subsection and they are rampant in this city. As I defer in that request for a moment and (b).’’ allow us to have a chance to discuss it said earlier, the city seems to be burn- with him and with the Democratic Mr. LOTT. Mr. President, we will be ing while we are fiddling around with leader. I think that is probably what working with the Democratic leader- the process. we want to do, but I just want to make ship to get a time agreement on the The Rules Committee has jurisdic- sure everybody is in tune with what we vote that will occur at 2:15, I presume, tion that it will take advantage of. The are doing here. on this amendment. But we want to Governmental Affairs Committee is Mr. GLENN. I would be glad to do work through that and make sure we getting additional authority to look that. I withdraw the request. understand exactly what the voting se- into illegal activities. Ethics has its re- The PRESIDING OFFICER. The re- quence will be. sponsibilities. There is attempt to quest is withdrawn. The purpose of this amendment is to cover up or avoid our responsibilities. Mr. LOTT. Mr. President, I observe reconfirm and beef up our commitment We are going to do that. the absence of a quorum. to the public and to our colleagues here I think this amendment that we have The PRESIDING OFFICER. The in the Senate to insure that funds are offered here further clarifies our intent clerk will call the roll. authorized by this section for the sole to look into illegal activities by the The legislative clerk proceeded to purpose of conducting an investigation special committee investigation and call the roll. of illegal activities in connection with then to have the Rules Committee look

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2097 into corrupt practices that may be in- regarding elections, and they had some things out there that are legal but volved that may not be necessarily ille- things they were going to look into. probably should not be. All the abuses gal but may need to be looked at for The Foreign Relations Committee of soft money, as it is called, that came the possibility of changing the current certainly had an interest in this be- up in this last election, all those practices. cause foreign money supposedly came abuses were so onerous to most people AMENDMENT NO. 22, AS MODIFIED back in to our election campaigns here. across this country that they just want Mr. LOTT. Mr. President, with that, So they wanted to find out what hap- us to get into campaign finance reform. I send a modification to the amend- pened to foreign relations and foreign Every single poll that has been done ment to the desk. policy and were any of those things al- across this country shows that people The PRESIDING OFFICER. The tered as a result of money coming back want campaign finance reform. They amendment is so modified. in. also see that polling has been inter- The amendment (No. 22), as modified, The Rules Committee, which has a esting in that it has indicated that is as follows: jurisdiction over election law, cer- they think both parties, both cam- In the pending amendment, strike all after tainly had an interest in this par- paigns this last election cycle—the ‘‘(b)’’ and insert the following: ticular area. fault that can be pointed at one direc- ‘‘(b) PURPOSE OF ADDITIONAL FUNDS.—The The Governmental Affairs Com- tion or another is not all one direction, additional funds authorized by this section mittee, of which I am the ranking it is bipartisan. We have a bipartisan are for the sole purpose of conducting an in- member, also had their own interest in problem here, and we need a bipartisan vestigation of illegal activities in connection this in that we are basically the inves- solution. with 1996 Federal election campaigns. tigative committee of the Senate. We Part of it is looking into illegalities ‘‘(c) REFERRAL TO COMMITTEE ON RULES have investigated such things as drugs where the existing law was violated. AND ADMINISTRATION.—Because the Com- and drugs coming into the country and There is no doubt that that has to be mittee on Rules and Administration, not the done. The other part of this problem is Committee on Governmental Affairs, has ju- organized crime and fraudulent health risdiction under rule 25 over all proposed leg- programs and nonproliferation around looking into the soft money in par- islation and other matters relating to— the world of nuclear weapons and ter- ticular and independent expenditures ‘‘(1) Federal elections generally, including rorism and a whole host of things that that were so vile, so onerous in this the election of the President, the Vice Presi- we have a broad experience inves- last election. dent, and Members of Congress, and tigating. Our mandate to do investiga- So when Republican leadership as- ‘‘(2) corrupt practices, tions is the broadest on Capitol Hill. signed this overall investigation of the Committee on Governmental Affairs We have been accustomed to doing this campaign finance to the Governmental shall refer to the Committee on Rules and through many, many decades. Affairs Committee, it was not at our Administration any evidence of activities in request, but at his suggestion, at his connection with 1996 Federal election cam- The suggestion was not made from the Democratic side that all these con- direction, so that the responsibilities paigns which activities are not illegal but would not be in quite a number of dif- which may require investigation by a Com- flicting jurisdictions be combined into mittee of the Senate revealed pursuant to the Governmental Affairs Committee. ferent committees but would be cen- the investigation authorized by subsection This was a suggestion that was made tered in the basic investigative com- (b).’’ by the Republican leadership. In fact, mittee of the U.S. Senate. Now what happened? Mr. LOTT. We added only one word, I it was not only a suggestion, it was de- Senator THOMPSON and I, in the two say to the distinguished ranking mem- cided by the Republican leadership on meetings I mentioned, sat down and we ber. In section C ‘‘Referral to Com- their side of the aisle that these other drew out a broad scope in which we mittee on Rules and Administration,’’ jurisdictions would not be exercised planned to look into not only illegal- we add the word ‘‘under rule 25.’’ We and that this investigation would be fo- ities but also into the equally dis- only added one word to make it gram- cused in the Governmental Affairs turbing areas of where campaign fi- matically correct—‘‘under rule 25.’’ Committee. nance reform is needed that involve Mr. President, I yield the floor at This was not a suggestion made from soft money and independent expendi- this time. the Democratic side. It was Republican tures. Mr. GLENN addressed the Chair. leadership that decided this. And so to In this last election I remember read- The PRESIDING OFFICER. The Sen- act now as though we were somehow ing a newspaper account of a Congress- ator from Ohio is recognized. usurping authority of another com- man who, after the election, said he Mr. GLENN. Mr. President, I think it mittee by proposing a broad investiga- wound up feeling like a ping pong ball is good to review how we got to the tion on the Governmental Affairs Com- in the middle of this and he had no con- current situation we are in, because mittee just is not the case. That is just trol over it because there were so many this was not our doing on Govern- not the way it happened. outside influences coming in and put- mental Affairs. It was not our sugges- I can tell you exactly what happened. ting ads on that he did not even know tion that we be given the duty of inves- And once again, this has all been out in anything about that he felt like a ping tigating campaign finance reform. It public print. This is not something I pong ball in his own election and com- was not our suggestion that the juris- know from being in meetings because I pletely out of control of the situation. dictions of other committees that have not been in meetings that were Now, if we are going to take any fair might have an interest in this be given involved with any of these decisions to look at campaign finance reform, it is to us. assign it to the Governmental Affairs going to have to involve illegalities, of What happened—and I am recounting Committee. course. We plan to look into those. But this mainly from press reports of what But what happened, when it got to we got to have soft money. Our scope, happened, and I presume they are accu- the Governmental Affairs Committee, as we had outlined it on that com- rate—was that there were several com- was this: Senator THOMPSON had an in- mittee, was put out. It disturbed some mittees who saw themselves as want- terest in a broad investigation. I had people. ing part of this investigation into cam- an interest in a broad investigation. Let me say, when Senator THOMPSON paign finance reform. We had some ideas on scope. We sat and I agreed to the scope, it was then You had the Commerce Committee down in a couple of meetings, and we taken to the committee. The com- because there were trade matters in- worked out an agreement that was mittee has three members on the Gov- volved that there had been some alle- broad in scope, as it should be, because ernmental Affairs Committee that are gations about. Senator MCCAIN, who this whole investigation into campaign also members of the Rules Committee. has a big interest in campaign finance finance reform does not involve only il- When this was brought before them, reform, chairs that committee and legalities, those things that are against after considerable debate, the com- could take an active role in what the law. It involves much more than mittee agreed upon the scope of our in- might happen with campaign finance that. vestigation. They voted on that and ap- reform. Any fair observer of the campaign fi- proved it. It was agreed upon. The Judiciary Committee was con- nance system agrees that in addition What happened when that got to the cerned about some of the legal matters to illegalities, there are many, many Rules Committee? The fact is that on

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2098 CONGRESSIONAL RECORD — SENATE March 11, 1997 the Rules Committee some of the peo- that we are taking back the authority we have been pushing for campaign fi- ple that are the most adamant against of the Governmental Affairs Com- nance reform this whole year. It has any campaign reform consideration at mittee that we were asked to do. We been brought up time and time and all disagreed strongly with what was did not ask to do it, we were assigned time again. We wanted to bring up the being done and that any look be taken that task. They are now taking back McCain-Feingold bill and get it voted into the soft money area. When it got our authority to look into any of these on. There has been very little support to the Rules Committee with the re- matters, any of the matters relating to for that on the other side of the aisle. quest for the additional funding of the Federal elections generally, including In fact, none, practically. Senator $6.5 million that had gone over, that the election of the President, the Vice MCCAIN and Senator THOMPSON prob- disturbed them very much. President, Members of the Congress, ably are the only sponsors of that bill So what happened? They delayed and corrupt practices, as I understand on the Republican side. funding in the Rules Committee be- it. So the intent here is obvious. The in- cause of their objection to us looking Let me read this through. It is a tent is to squelch the broad-based in- into soft money and some of the things short amendment. vestigation that we were going to have that are legal but probably should not Strike all after ‘‘(b)’’ and insert the fol- on the Governmental Affairs Com- be what we were going to look into. lowing: mittee and put it back in the Rules They wanted to protect their ability to ‘‘The additional funds authorized by this Committee where some of the Members raise soft money because they outdo section are for the sole purpose of con- that are most adamantly opposed to the Democrats about two to one in soft ducting an investigation of illegal activities campaign finance reform are members. in connection with 1996 Federal election So it is not a very pretty picture this money raising. campaigns.’’ Obviously, it is a factor in not only morning. I was going to have a speech having gained control of the Senate Now, my amendment would change on the scope of my amendment this but in maintaining control of the Sen- that and change the scope back to morning, and it might be good, still, to ate. They objected over on the Rules what it was originally in the Govern- run through some of that. I hope people Committee to the funding that had to mental Affairs Committee. So that re- would see through what a subterfuge be approved by the Rules Committee fers back to what we were assigned to this is in trying to change the amend- for additional funding for investiga- do. ment that I had before us. I had not It goes on with subsection (c): tions. been given the opportunity yet this Now, at that point things were sty- REFERRAL TO COMMITTEE ON RULES AND AD- morning to make some comments on mied. They dug in their heels over MINISTRATION.—Because the Committee on Rules and Administration, not the Com- my amendment, the underlying amend- there and were not going to approve mittee on Governmental Affairs, has juris- ment to this second degree. I believe I any money, as I understand it, for in- diction under rule 25 over all proposed legis- will make those comments now and vestigation unless our jurisdiction on lation and other matters relating to— then see what discussion we want to the Governmental Affairs Committee (1) Federal elections generally, including have beyond that. was reduced and those jurisdictions in- the election of the President, the Vice Presi- The amendment I offered last volving things we were going to look dent, and Members of the Congress, and evening, or laid down last evening, cor- into with regard to soft money were (2) corrupt practices, rected what I saw as the legislation in brought over to the Rules Committee the Committee on Governmental Affairs Senate Resolution 39 where it is most shall refer to the Committee on Rules and deficient, and that is in the scope of where they obviously would have much Administration any evidence of activities in more say in what happened to that connection with the 1996 Federal election our investigation. Let me first address than they would if the jurisdiction campaigns which activities are not illegal Senate Resolution 39 as approved by stayed with the Governmental Affairs but which may require investigation by a the Rules Committee and is on the Committee. Committee of the Senate revealed pursuant floor now as the underlying resolution That is how we got to where we are. to the investigation authorized by sub- to be considered. So a reduced amount was agreed upon section (b). Where campaign finance reform is over in the Rules Committee but with What we are being told then is we concerned, the proposed legislation, as the proviso that the Governmental Af- have to refer back, because the Com- far as I am concerned, could be called fairs Committee could investigate only mittee on Rules and Administration coverup for Congress, coverup for Con- illegal activities. Only illegal. That has jurisdiction in these matters, gress’ legislation. I think that is what took out any investigation, any inves- which we never quarreled with. That it is. It does not do this incidentally or tigation whatever of soft money, unless was there going in. It was Republican accidentally. It is not a coverup that is it proved to be illegal, only illegal. But leadership that wanted us to take the incidental or accidental. It is delib- most of the soft money problem is jurisdiction and run with it on cam- erate, intentional, and I think cynical. legal. I do not think it should be. Our paign finance reform. It is specifically defined and worded to investigations in that area were going Now, because it has become objec- thwart and curtail much of the cam- to, I think, lay out a good case of why tionable to some Members on their side paign finance investigation that was we need campaign finance reform and they see we are going to get into planned by the Governmental Affairs changes. soft money, what happens? They are Committee this year. After much dis- That is how we got to where we are. proposing to take that authority back cussion with the belief that the pro- It was at least implied here on the from us. It was at least implied yester- posed investigation and hearings could floor yesterday and even this morning day afternoon on the floor and again set the informational basis for much I think it could be implied that we this morning that we somehow were in needed campaign finance reform, somehow had overextended our juris- error, I guess, in what we were doing, Chairman THOMPSON and I had agreed diction on the Governmental Affairs even though we had been asked to do it upon the scope of the investigation, all Committee. It was leadership on the by leadership. I do not quarrel with the fully within Governmental Affairs Republican side that combined all fact that Federal elections generally Committee jurisdiction, I might add. these other committees’ interest and are looked at by the Rules Committee. We were given additional guidelines by assigned to the Governmental Affairs That is in their jurisdiction. I do not the majority leader and on his part Committee the task of looking into all disagree that they can look into cor- they would see that other committees of this whole campaign finance reform rupt practices. I think maybe this were not delving into their individual area. could be interpreted to say that the interest areas. That scope was to in- Now, what about the substitute Governmental Affairs Committee is clude investigating allegations wher- amendment that is before the Senate not permitted to look into corrupt ever they might lead and with nothing now, the substitute to my amendment? practices, whatever the definition of off limits with regard to Federal elec- What it does, as I see it, and I just got that is. We will have to discuss that a tions. it a few minutes ago so I have not had little, I guess. I want to point out that the agree- a chance to look into it in that much In any event, here we are with the ment was approved unanimously by the detail, but what it does basically is say situation where on our side of the aisle Governmental Affairs Committee,

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2099 three members of which are also on the same rate as it has in the past, soft Now, we all know that money is cer- Rules Committee. money can become an even more de- tainly ahead of whatever is in second That greatly disturbed some Mem- structive and virulent cancer in the place with regard to winning an elec- bers of the Senate who do not favor us body politic. tion these days. Two-thirds of the looking at campaign finance practices I was reading a booklet yesterday en- money goes to TV and other things, on Capitol Hill and, more specifically, titled ‘‘A Bag of Tricks; Loopholes in and so on. But with money being the in the Senate. They had to find a way the Campaign Finance System.’’ The biggest single factor in political con- to control the process. Why? Why first sentence of chapter one reads: trol, it is no wonder Republicans in the would anyone want to interfere with The biggest loophole by far in our cam- Senate do not want to change the sys- investigating every facet of campaign paign finance laws is soft money. tem. It is the ‘‘goose laying golden finance? So we can correct the abuses They are right—but it’s legal. And eggs’’ that was crucial to gaining, and that have plagued recent elections and now, by S. 39, we are to be prohibited now to retaining, their majority con- nearly made a mockery out of election from investigating soft money abuses, trol in the Senate. 1996, and will be even worse next time unless we come across some that are So we need to change S. 39. That is around, unless we act to correct some definitely illegal. We could look at what my amendment would have done. of these practices. them. But if an area is improper, if it In deciding whether to change it, the The resolution stands good Govern- is unethical or just flat common sense choice is plain and simple: Party and ment on its head. The amendment I that it is wrong, we cannot look at it, personal interests of the moment proposed would change that. Let me even though it may be crucial to real versus cleaning up the system, making stress that this is the very first time in campaign finance reform, and even it proper and fair for all Americans, my 22 years in the Senate, and on the though the Governmental Affairs Com- not just a special few, for the long- Governmental Affairs Committee, that mittee has the jurisdiction and experi- term future. I have ever seen any committee ap- ence to investigate. Initially, those who were adamantly prove and bring to the floor a resolu- Why, then, are we being cut back in opposed to campaign finance reform on tion prohibiting another committee scope to the point where only illegal- the Republican side—on the Republican from investigating improper, uneth- ities will be on the Governmental Af- side of the Rules Committee, which fairs table? Why is our investigation must approve Governmental Affairs ical, or wrongful behavior in any area, being limited to 1996 only? Why cause Committee investigative funding above whether it was special investigative such a drastic change in addressing the normal committee budget—were funding or not. That is what is in- what is properly viewed as an expand- able to prevent funding to the Govern- volved here. They keep pointing out ing national scandal? The basic ques- mental Affairs Committee for the in- that this is only the additional money. tion, I guess, is: Who is afraid of what? vestigations. Had that position pre- We still could use basic funds out of The answer is not very pleasant, but vailed, it would have entirely sched- our committee’s normal yearly basic it is obvious. Why the change? Because uled the hearings, and because the tar- funds to do this kind of investigating. bad as the money chase may be, cor- nished Republican public image which But that would mean we would have to recting it would upset the apple cart that would evoke was unacceptable to lay down all the other jurisdictional for those in the Senate who have Republican leadership, the proposed oversight matters that normally come learned how to work the system for resolution—S. 39—deal was cut, where- before that committee. So it is deadly their own personal or party political by the Governmental Affairs Com- serious for those of us who are inter- benefit. mittee was stripped of its authority to ested in fairness in elections and Under present law, does one party use money provided directly for the in- stamping out the growing abuses that have an advantage over the other in vestigation to look into improper, un- have grown apace around the body poli- fundraising, in particular, with regard ethical, or wrongful matters, unless tic. to soft money? Yes. There is a substan- they met the far more difficult stand- What I am saying the resolution tial difference in the usual supporting ard of being illegal. And those jurisdic- would do is prohibit another com- donor bases. Both Democrats and Re- tions were specifically given to the mittee from investigating improper, publicans have some wealthy indi- Rules Committee. unethical, or wrongful behavior in any vidual donors. But the preponderance Now, I have the utmost confidence in area, where it was special investigative in that area is tilted heavily in favor of Senator WARNER, chairman of the funding. Granted, that was going to be wealthy Republicans. Both parties Rules Committee. I think he will do his the source of how we were going to do have some support from corporations best to fulfill the responsibilities given this investigation. and labor. Again, the tilt from labor is to his committee with this resolution. The proposed resolution says that on the Democratic side. But, again, But therein lies a problem. Several of with the money provided for the Gov- balancing the Democratic labor sup- the most vocal Republican opponents ernmental Affairs Committee inves- port against the Republican corporate of campaign finance reform are on the tigation, it may look at illegal actions or wealthy individual support comes Rules Committee. They are opponents, and illegal actions only. Now, that is a out heavily in favor of the Republicans. in particular, of including Congress in far tougher test of what we can put on Let me read a few figures reported by investigations of what may, at the the table to be looked at. Some of the Federal Election Commission re- same time, be legal, but also improper, those campaign activities involving garding the 1996 elections. Of the total unethical, or wrong by any fair stand- both parties in Federal campaigns has spent on the elections—everything, not ard. These are the same people who smelled to high heaven, in the eyes of just the Senate, but across the board in refuse to give the Governmental Af- most citizens, and they cry out for cor- the last election—the Democrats are fairs investigative funding to begin rection, but are legal under current estimated to have spent $332 million. with. law. It may be legal now, but should Republicans spent $548 million. Just in Now, they will be the investigators of not be if we are going to clean out the the Senate campaign committees, let’s what they so adamantly oppose. They political stables. look at that. In hard dollars, Demo- will be the investigators of what they One example of such a subject, as I crats raised $30 million; Republicans so adamantly oppose. Foxes guarding mentioned, is soft money—money raised $62 million. In soft money, hen houses is indeed a good analogy. which, due to loopholes in the law, can Democrats raised $14 million; Repub- They got their way. To me, it is a high be given in unlimited amounts by licans raised $27 million. That comes price. wealthy individuals, corporations, and down just with regard to the Senate as The amendment I had proposed would unions. That is legal. Soft money was over a 2-to-1 advantage, with Demo- change all this. Very simple. All it does obtained and used in the 1996 Federal crats having been able to raise $44 mil- is restore the original Governmental election in ways that turned fairness lion and Republicans $89 million. So, in Affairs Committee scope of this inves- upside down and corrupted our whole summary, under current law, Repub- tigation. It restores the scope the com- political system. Few political sci- licans are able to raise at least double mittee voted on unanimously, with not entists would disagree that, if left un- what Democrats raised to help fund one dissenting vote on the Govern- checked to grow in the future at the Senate races. mental Affairs Committee, including

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2100 CONGRESSIONAL RECORD — SENATE March 11, 1997 three members that are also members would once again stand on its head his sincerity in that. It is a blot on the of the Rules Committee. The amend- what I think to be fairness and what whole body politic. Republican, Demo- ment would allow the committee to the American people want. It would re- crat, Senate, House, everybody else look into all sorts of campaign behav- strict us on the Governmental Affairs knows that has to be looked into. ior, whether illegal, legal, improper or Committee as to what we can do. And So all the charts that were out on the unethical. That is what the American I repeat what I said going in. This was floor yesterday showing Huang and people want, a complete look at this not something we asked for. It was Trie and all this and the subcategories whole problem. Restoring this scope to something that the Republican leader- and the fine print down here that im- our investigation would allow us to ship decided to give to that committee, plied there has to be some new look conduct a broad, far-reaching inquiry and then, when it turns out that some into that area as though we were op- into our current campaign system. of their own members do not want us posing that on our side, they were for I think it is a high price that Repub- looking into some of these dark cor- it and we were against it, that is lican leadership has paid to assuage a ners, they say, OK, we are going to wrong. I will borrow their charts and I few Members and to place them in take that assignment back. And be- will use them on the floor myself on what will probably turn out to be a cause we have the members who are the Democratic side if that is needed, controlling position of any investiga- most objecting to any campaign reform and I am sure the President would like tion into other than just strict illegal- on the Rules Committee, they are now to have them down at the White House ities. The Rules Committee would be going to look into some of these other to show what has been dug out so far permitted to look at issues sur- areas. that is wrong, and he wants to correct rounding soft money and independent I am sure the chairman of that com- it. So that is not one there is any dif- expenditures. Our Committee on Gov- mittee, Senator WARNER, my good ference on. Let us just make certain of ernmental Affairs would be permitted friend across the aisle, will do every- that. to look at issues surrounding soft thing he can, but knowing what the So for all those reasons I rise to op- money and independent expenditures, membership of the committee is and pose the proposal by the majority lead- which are two of our biggest problems knowing the views of the membership er, the substitute amendment to the today, but in most cases our com- on the Rules Committee with regard to amendment that I had proposed. I will mittee would only be able to look at campaign finance reform, he is going have other questions about some of the those which are illegal, we believe are to have a herculean job to try and get items in S. 39 as we go along. illegal going in. And the Rules Com- I yield the floor. out meaningful legislation, legislation mittee would have everything else ex- Mr. WARNER addressed the Chair. that is going to do anything meaning- cept those matters which are com- The PRESIDING OFFICER (Mr. ful for campaign finance reform. I do pletely illegal. COATS). The Senator from Virginia. If we followed my resolution, we not ever go around saying I feel sorry Mr. WARNER. I first wish to thank would restore the scope, allow us to for other Senators, but as far as get- my distinguished colleague for his ref- follow the money trail, and let the ting anything out of that committee erences to the Senator from Virginia. chips fall where they may. that is going to have a title of cam- And I wish to give him and all Mem- Mr. President, I am fully aware there paign finance reform on it, it is going bers of the Senate my personal assur- are serious differences of opinion sur- to be a very difficult job for him. He is ance that in my capacity as chairman, rounding how this resolution, S. 39, being a good soldier in taking this I will exercise due diligence, the fair- came to the floor, and there are dif- thing on. est, most aggressive action by our com- ferences of opinion surrounding what is Senator THOMPSON has said, well, OK, mittee in the areas delineated by the going to happen to it. But there are I guess something is better than noth- amendment that was sent to the desk probably few minds undecided as to ing, and so he has not been involved here momentarily by the distinguished how they will vote on these amend- with the debate over on the floor, so majority leader and joined in by my- ments and, in particular, on my far at least, but I just think this is self. amendment before it was amended here wrong. I think what they are trying to We have clearly through the years— by the majority leader. But before any do with this substitute amendment to the Rules Committee—had jurisdiction votes are cast, I hope all Senators will my amendment this morning is wrong. in this area, and we will pursue it. I take a long, hard look at what has been It spells out that the Rules Committee hasten to point out that the three proposed by the Rules Committee in S. will be even more direct in denying us members of the Rules Committee are 39. I would ask you to look ahead, look what we thought our investigative members of the distinguished ranking ahead about 20 years when your kids scope was on the Governmental Affairs member’s committee, the Govern- have grown up. The majority leader- Committee, a task, I repeat for the mental Affairs Committee. Indeed, the ship in the Senate may well have third time, we did not ask to have. It past chairman, Senator STEVENS, has changed. It may be in different hands was assigned to the committee. joined in supporting the amendment in by that time. I am sure we would all I want to make one other statement, the Rules Committee by the Senator hope that when our children and grand- too, and then I will turn this over to from Virginia, which is now the under- children have reached their adult other people who are waiting to make lying amendment here in the ardent years, the political system will have their statements. debate this morning. To suggest that been improved and political fund- Mr. President, yesterday the big just one or two or three, or whatever it raising will not be in the mess it is thrust by the Republican Party by any is, members of the Rules Committee today. observation was we have problems with can stop either the committee or the One way to gain that end is to assure China and we have problems with cam- Senate from, at this juncture, a full that investigations are carried out now paign financing coming in from China and thorough investigation of all as- without fear or favor and spotlighting and whether it occurred, whether it pects of soft money, all aspects of the dark corners, whether illegal, legal, was against the law, who did it, were other alleged areas of campaign fi- wrong, improper or unethical. The there any favors given, and so on. And nance or campaign reform that need to amendment I was proposing to S. 39 that was being used yesterday almost be addressed by the Senate I think is would take us in that direction. If the as if, although it wasn’t so stated, they not a wise step to take at this point in shoe is on the foot 20 years from now, are for investigating that and we some- time. would that change any Republican how are not just as much in full agree- Mr. President, echoing, again, the votes today? I don’t know. Think about ment of investigating that because it very important message that the ma- it. They have an advantage today; it is somehow involves the Democratic ad- jority leader stated earlier today, we about a 2 to 1 advantage, and they are ministration. have to get on. This committee is preventing us from really looking into Nothing could be further from the ready to go to work. Reports are com- any of these matters on a meaningful truth. I am committed to looking into ing in that possible sources of evidence basis. anything that happened in that area. might be disappearing. I will leave that Mr. President, the substitute that The President has said he wants to to others to discuss. But I do know was submitted by the majority leader look into that area. And I do not doubt that we are tied up here on process, and

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2101 I hope we can move at the earliest pos- gates for partisan political activity, tually none of the allegations raised in sible time to vote on the amendment of and the use of independent expendi- the popular press regarding the financ- the Senator from Ohio, and the under- tures, where soft money is used to in- ing of congressional and Presidential lying amendment, and of course the fluence Federal campaigns. campaigns would appear willful or po- amendment by the distinguished ma- This scope was broad, it was com- tentially to meet the standard required jority leader. That will be decided upon prehensive, it is what this institution to even be the subject of these hear- by the leadership. and the country requires. And only a ings. But I urge all Senators to come to month after reaching this agreement, In the other body there were serious the floor now. Now is the opportunity before the first hearing is held, the questions raised about the operation of to give your thoughts on this impor- first witness notified, the first lesson tax-exempt foundations; whether or tant matter. Let us get on with it so learned, it is being put to a premature not the tax laws had been violated in the committees as allocated under the death. There is enough cynicism in order to engage in influencing political resolutions here can get on with their America about our electoral system. activity. business. The system has already convinced The operations of a tax-exempt foun- I yield the floor. enough Americans that it does not op- dation are not a criminal act unless The PRESIDING OFFICER. The Sen- erate and it does not reflect their needs there was a willful intent, which ap- ator from New Jersey. or provide room for their concerns. We pears to be missing in the allegations Mr. TORRICELLI. Mr. President, I risk, today, adding one more pile of made to date with regard to tax-ex- have the honor of serving on both the dirt on this mountain of doubt. The empt organizations. Rules Committee, under the able lead- resolution that now comes before the Finally, there is the question of the ership of the Senator from Virginia, Senate is an extraordinary departure operation of independent expenditures and the honor and distinction of serv- from the bipartisan scope that Senator generally. The most significant change ing on Governmental Affairs Com- GLENN and Senator THOMPSON reached in the political culture in the United mittee, under the leadership of Senator previously. It has become, in my judg- States in 1996 has been the operation of THOMPSON. ment, a proxy fight in the larger battle independent expenditures by philo- I witnessed, a month ago, a rare mo- for campaign finance reform, a cynical sophical or issue-oriented or partisan ment of bipartisanship. Democrats and effort that the Nation, and the Senate organizations to use soft money to Republicans came together in the Gov- as an institution, can be focused on a enter the system. And yet, both that ernmental Affairs Committee. We were few narrow problems so the underlying soft money and the operation of these apart from the glare of the television deterioration of the Nation’s system of independent expenditures would not lights or the pressure of partisan lead- campaign finance laws will not be no- rightfully be within the jurisdiction of ership, and we reached what I think ticed or exposed, the pressure building this committee if we maintain the standard of illegal or criminal act. was a sound and a good judgment. Sen- in the Nation to change the laws gen- The Senate, therefore, Mr. President, ator THOMPSON offered honest leader- erally will be avoided. is left with a broad question of policy ship, and he came to us with a proposed So, in place of this bipartisan scope as we approach these hearings. If it is scope of investigation. Senator GLENN for what hopefully could have been our intention to find specific criminal responded by not only accepting his meaningful hearings, the Senate, in- activity in the 1996 Federal campaign scope of an investigation, but he ex- stead, is given a new scope of activities system, then I believe Members can panded it. For several weeks, while we for the Governmental Affairs Com- rest assured that the Federal Bureau of differed on the timing and the expense, mittee. It differs in several important Investigation and the Justice Depart- we operated in a general belief that we ways, but none more significant than ment will find those acts and people had defined the parameters of a review that it identifies the scope of these will be brought to justice. of the 1996 Federal elections in the hearings not as the Presidential cam- But Democrats and Republicans in United States. That scope offered us a paign of the last two cycles generally, the Governmental Affairs Committee chance to not only look at specific mis- the operations of congressional cam- began these discussions and the plan- deeds, but to inform this institution paign finance or nonprofits or inde- ning of this investigation with a dif- and to educate the American people pendent expenditures—the new stand- ferent purpose. It was our goal to as- generally about the need for general ard is illegal activities. sure the American people that we campaign finance reform and how indi- If illegal activities are to operate as would find not only those acts that vidual parts of the system were now the scope of the Governmental Affairs were illegal but those that were im- broken. hearings, we are then establishing a proper. We would disclose to the Amer- Our concern was that we learn, not committee with sufficient money, ican people those activities which do only about the 1996 Presidential cam- enough time, but no purpose. Illegal not belong in our system of electoral paign, but that campaign be put in per- activities in our system would have to politics, expose them to the light of spective in how previous Presidential be defined by the standards as a people day in the hope that the net result campaigns operated so we could learn we have come to recognize would con- would be a change of the law and a ris- if there was a change, and if there was stitute an illegal act. Illegal acts in ing standard for operating political a change why it happened—both to find our country are defined by a system of campaigns in the United States, while those who may have committed wrong- justice. They require a burden of proof reassuring the American public of the ful acts, but also how to improve the and a requisite state of mind. Indeed, integrity of the system. future process. in our system of justice, we have the That, Mr. President, is the question We also reflected, I think, the reality highest levels of establishing illegal ac- before the Senate: a narrow hearing, that Presidential campaigns do not tivity, perhaps, of any nation on Earth. cynically designed to focus attention take place in a vacuum. Indeed, there During the hearings in the Rules on one campaign of the President of is no distinguishing line between where Committee last week, I asked Senator the United States, or an honest con- a Presidential campaign’s financing op- THOMPSON whether illegal activities in versation about the state of electoral erations stop and the congressional his mind were synonymous with a politics in the United States today and campaigns begin. The money, the ad- criminal act. Indeed, we were assured what we can do to change it and be vertising, the activities, are coordi- that this was the purpose and illegal part of a rising standard. The vote on nated and intertwined. So our scope in- activity was, by definition, it appeared, this resolution, on the amendments cluded both the Presidential campaigns a criminal act. The Senate needs to that follow, is a vote on that question. and congressional campaign commit- consider this definition before it ac- Mr. President, there is, finally, the tees and those of individual Members. cepts this scope, because a violation of additional issue of the date for con- Our scope also reflected two other spe- the campaign finance laws by the cluding the committee’s work that cific areas that probably represent the President of the United States, or Sen- needs to be part of this discussion and greatest change in electoral politics in ator Dole, or any Member of the House fully explained. While Democrats and the United States in 1996, the use of or Senate is not a criminal act unless Republicans in the Governmental Af- nonprofit organizations, often as surro- there was a willful intent. Indeed, vir- fairs Committee had generally agreed

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2102 CONGRESSIONAL RECORD — SENATE March 11, 1997 to a scope, there was always disagree- Mr. LEVIN addressed the Chair. great wealth of debate. It is interesting ment about a concluding date. I believe The PRESIDING OFFICER (Mr. we went back to examine court opin- that Senator THOMPSON came to the HAGEL). The Senator from Michigan. ions. I would have thought in the his- Senate with the best of intentions and Mr. LEVIN. Mr. President, I wonder, tory of our country someone would good purpose in his belief that there while my good friend from Virginia is have argued that, but I am not sure should be no concluding date for the on the floor, if he would comment on a that anything we found in the course of fear that witnesses would withhold in- statement which he made yesterday our research shed a great deal of light. formation if they knew they could wait and which the Senator from New Jer- Perhaps my distinguished colleague until the committee concluded its sey made reference to indirectly, and from Michigan, who is a student in work. But there is another competing that is the question as to whether or many areas, could refer to some source purpose, I believe, that requires the not the word ‘‘illegal’’ is broader than that he has broader than what the Sen- Senate to establish a concluding date, the word ‘‘criminal.’’ ator from Virginia has provided this which I now believe both Democrats Yesterday, the good chairman of the morning. and Republicans accept. Rules Committee said the following, Mr. LEVIN. No. I am happy with that These hearings are about educating and I am wondering if the Senator from assurance from the Senator. the American people and ourselves New Jersey might also listen to this, Mr. TORRICELLI. Will the Senator about our system of campaign finance. because it gets to the very critical yield? These hearings are about finding spe- point which was raised by his com- Mr. LEVIN. In just a minute. cific misdeeds or illegalities, but they ments. The chairman of the Rules I am very glad to hear that assurance are also about something much more Committee said yesterday that the from the Senator, that the intention of practical and immediate. Rules Committee gave ‘‘the Govern- this resolution which he offered, that Within a year, the United States will mental Affairs Committee a scope of ‘‘illegal’’ includes violations of law, in- begin a system of a general Federal the investigation and illegal,’’ he said, cluding civil law or other law, and goes election. With all that we now know ‘‘illegal is a very broad scope.’’ He beyond violations of criminal law. That about the breakdown of the campaign added, ‘‘It goes beyond. And I will at a gets us a little bit further towards finance laws in the United States in later time today put in the RECORD the what this committee ought to be doing. 1996, it is inexcusable and inexplicable definitions of illegal.’’ But nonetheless, it is an important But this is now the key sentence if the U.S. Senate were to allow this clarification for the committee. from my good friend from Virginia: country to proceed to another general I would be happy to yield. ‘‘But it goes beyond just criminal as- election in 1998 without a change in Mr. WARNER. Mr. President, if I sertions of allegations of criminal vio- how this Nation governs its laws, gov- might just reply to my good friend. lations. It goes beyond that.’’ There is documentation. I examined erns these campaigns and finances this That is at the bottom of page 2057. electoral system. It is imperative that The chairman of the Rules Com- both of those precedents at the time the Senate retain a concluding date for mittee is assuring the Senate that the that I drafted the resolution. these hearings so that the U.S. Con- definition of ‘‘illegal’’ goes beyond Mr. President, the Senate is now gress and the American people have the ‘‘criminal,’’ and that is in keeping working its will on the resolution that benefit of everything that is learned to with, I think, a common understanding was proposed by the Rules Committee. proceed to reform. of the word ‘‘illegal.’’ This body eventually will vote and de- It is also, I believe, Mr. President, I don’t know whether the chairman cide the issue. But I suggest, with all necessary to note that while specific put the definitions of ‘‘illegal’’ into the due respect to my colleague from changes in the law may follow the con- RECORD. We were unable to find them. Michigan and the distinguished chair- clusions of these hearings, it is gen- So my first question of the chairman man of the Committee on Govern- erally not necessary to wait for these of the Rules Committee would be mental Affairs, the ranking member, hearings to conclude or, indeed, even to whether or not those definitions have and others, that we are making sort of begin to proceed generally with cam- now been put into the RECORD. legislative history as to what we think paign finance reform. Mr. WARNER. Mr. President, we did is the meaning of the term ‘‘illegal’’ The hearings by the Governmental discuss this in our hearing. We dis- and what we think this committee Affairs Committee may teach us a cussed it yesterday and essentially this should do. great deal about specific misdeeds or is a matter that is going to be placed I hope that that legislative history problems in the system, but every directly before the chairman, the dis- that we are making for ourselves as a Member of this Senate already knows tinguished ranking member, my good body will be the guidepost for that enough about the breakdown of the friend from Ohio, Mr. GLENN, and the committee and that they will not con- campaign finance laws in this country members of the committee. tinually be searching as to how to get to proceed immediately for a review I hope, in the context of their delib- around or evade what is the will of the and a change in comprehensive cam- erations on what they define as ‘‘ille- Senate. That will be expressed eventu- paign finance reform. gal,’’ they will refer to traditional ally through a series of votes and the And so, Mr. President, I conclude sources. I have here the dictionary def- passage of some document in the form with the hope that partisanship for a inition of ‘‘illegal,’’ which I will read. of a resolution. It is my hope that the moment could be set aside for a review We, of course, recognize it as being an resolution of the Rules Committee re- of the 1996 elections and our campaign adjective. It means, ‘‘not legal, con- mains intact, but that is yet to be finance system; that this country, trary to existing statutes, regulations, seen. So that will be the guidepost, the through the voices of this Senate, et cetera, unauthorized.’’ beacon. could have an honest conversation Then I went to Black’s Law Dic- I am confident that the chairman and about the health of our democracy and tionary, which all of us had in law the ranking member and the other the operations of our democratic elec- school—at least I did. That is the first members of that committee will in tions. That will require a standard far book I bought. As a matter of fact, I turn be guided by this very important different than illegal activities. It will still have it. I really have coveted that debate on the scope of the jurisdiction. have to be far more general in focus little personal item. So I went back Mr. TORRICELLI. Will the Senator than the Presidential campaign of 1996. and read in that, and I cite that. ‘‘Ille- yield? It will require a conclusion at a date gal,’’ ‘‘against or not authorized by Mr. LEVIN. I will be happy to yield certain so that we can proceed to law.’’ ‘‘Illegal contract,’’ ‘‘A contract for a question. changes in the law, and it will require is illegal where its formation of per- Mr. TORRICELLI. I want to thank that, through the exercise of honest formance is expressly forbidden by the Senator from Michigan for raising leadership, we begin the process of civil or criminal statute or where pen- this issue because it appears to me we campaign finance reform, even as we alty is imposed for doing an act agreed have come to the heart of the matter. learn new and troubling problems upon.’’ The Senate has given conflicting in- about the operation of the system. So I say to my colleagues, there terpretations that make all the dif- Mr. President, I yield the floor. seems to be not what I would call a ference in the scope of these hearings

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2103 potentially. Senator WARNER’s views, dinarily high in order to address any cam- tions of regulations, and we seek here as the author of the legislation, should paign abuses because of the ‘‘illegal’’ lan- on the floor to disassociate the two be controlling. But it is important to guage that is used. words. Do I understand that when I was absent note that they are in direct contradic- I believe, for the record, the Senator from the room for a moment, in answer to from Virginia has done a great deal in tion with testimony given to the Rules Senator Ford’s question, you have equated Committee by Senator THOMPSON. ‘‘illegal’’ with ‘‘criminal’’ and that in your allaying my fears, and I think we have Senator THOMPSON’s interpretation of mind they are relatively indistinguishable as separated permanently, irrevocably the ‘‘illegal’’ is that they had to constitute the standard you are going to use in deciding two words. For purposes of this inves- a criminal act. I am very reassured by which campaign activities are within our ju- tigation they are unrelated, they are Chairman WARNER’s interpretation risdiction? unconnected and never the two shall that ‘‘illegal act’’ would include a vio- I will digress to go back to the col- meet again. lation of a civil code. I assume, there- loquy with Senator FORD. I now read I think, therefore, this discussion has fore, that the Senate could conclude from page 65. been helpful. UNANIMOUS CONSENT AGREEMENT that a violation of the campaign fi- Senator FORD. Understand that. And we nance laws, even if it did not include a are used to that. But am I correct that viola- Mr. WARNER. Mr. President, I ask criminal penalty, is included in Sen- tions of Federal campaign laws are not the indulgence of my colleagues to pose on behalf of the majority leader a ator WARNER’s definition. criminal? Senator THOMPSON. Senator, I would rather I am also seeking his reassurance, unanimous consent. not try to give you a legal opinion off the On behalf of Leader LOTT I ask unan- through the Senator from Michigan, top of my head. imous consent that the time between that a violation of the Tax Code, Then the colloquy went on, in which now and 12:30 be equally divided for de- though perhaps not sufficiently willful Senator THOMPSON further said: bate between Senator WARNER and Sen- to involve a criminal penalty, would be ator GLENN, and further when the Sen- an illegal act and, therefore, part of Well, my idea, campaign finance reform does not have much to do with the statutory ate reconvenes today at 2:15 there be the investigation. regulatory framework that you are referring an additional 15 minutes of debate Indeed, I am hoping that we can be to. equally divided between the two lead- reassured that any violation of the reg- So at that point it seems to me that ers or their designees, and immediately ulations of the U.S. Government or any Senator THOMPSON was not definitive following that debate the Senate pro- of its departments or agencies, any vio- on this issue. ceed to a vote on or in relation to the lation of the civil or criminal law, of Now I return to page 74 where the Lott Amendment No. 22, and no amend- which there is specific information distinguished Senator from New Jersey ments be in order prior to the vote in that is sufficiently credible to warrant had posed the question, and I shall read relation to amendment 22. the attention of the committee, would Senator THOMPSON’s reply: The PRESIDING OFFICER. Without be the subject of these investigations— Senator THOMPSON: Senator, I cannot say objection, it is so ordered. meaning, that it does not require that that in all respects, in every situation, that Mr. WARNER. I thank the Chair. a member of the committee have defin- they are exactly the same, and I would rath- Mr. LEVIN. Mr. President, are we itive proof to establish a criminal level er not try to give you a precise legal opinion under control time? of culpability and it does not have to that will stay with me for the rest of the The PRESIDING OFFICER. Between relate specifically to a criminal pen- year. I think you are entitled to look into now and 12:30 the time will be equally alty for violation. that if you want to do that, certainly. The il- divided. I was hoping to receive his assurance, legal standard has been used time and time Mr. WARNER. We are under control as a member of both the Rules Com- again with regard to other investigations. starting now. You allude to the high standard. It just goes Mr. LEVIN. Can I ask the Senator mittee and the Governmental Affairs to show whose ox is being gored, I suppose, in Committee, that if I come before this from Ohio to yield 5 minutes. these matters, because I have been spending Mr. GLENN. I yield 5 minutes. committee with a specific act, based on a lot of time answering some of my col- The PRESIDING OFFICER. The Sen- a broad but credible allegation, for vio- leagues’ questions about how can you sub- ator from Michigan. lation of code or regulation, that will poena somebody just on public information. Mr. LEVIN. Mr. President, the ques- be sufficient for the scope of this inves- You are tying up their lives. They are having to hire attorneys and all of that, and now tion that I put to the Senator from tigation. Virginia is very important in terms of Through the Senator from Michigan, others have a concern that we are not, it is not easy enough to get to them. In other the future of this investigation, and his that is the assurance that I am seek- words, the standard is too high. So those are answer reasserting today what he said ing. all the things that we are going to have to yesterday, which is that the jurisdic- Mr. WARNER. Mr. President, at the balance out, but I am not sure that my top tion of the Governmental Affairs Com- present time I have stated my views as of the head legal opinion on the intricacies mittee will go beyond criminal asser- to the word ‘‘illegal’’ and its interpre- on the difference between illegal and crimi- tions and goes to civil violations of law tation and its breadth. I predicated nal are as good as what you might be able to as well as criminal violations of law, that interpretation carefully upon a get from somebody who has got the books in front of him and can look it up. will help clarify a very important ques- dictionary definition as well as one ci- tion for the committee down the road. tation from Black’s Law Dictionary, I believe that is somewhat different I thank him for that. which is somewhat broader. from what my distinguished colleague It leaves open a huge question as to But I want to make certain that my said in his earlier comments as to the whether we ought to be able to look distinguished colleague from New Jer- position taken by Chairman THOMPSON. into improper practices, corrupt prac- sey pauses for a moment to go back Mr. TORRICELLI. If the Senator tices that are not technically viola- and look at the RECORD as to exactly from Michigan would yield. tions of law, but nonetheless it is help- what Chairman THOMPSON said. And, if Mr. LEVIN. I yield. ful, and I want to thank my friend it is agreeable—I do not want to inter- Mr. TORRICELLI. The discussion from Virginia for that. I want to get to rupt the distinguished Senator from comes down to the phrase of Senator this question next. Michigan. THOMPSON, saying that criminal and il- Mr. WARNER. If the Senator will Mr. LEVIN. I will be happy to yield. legal may not in every situation be ex- yield on my time, I was very careful to Mr. WARNER. I read from page 74 of actly the same. say I was speaking for myself, and I the transcript of the hearing of the For purposes of these hearings, if we used precise language from the dic- Rules Committee on March 6. were to do justice to what we want to tionary and one legal reference. That The distinguished Senator from New achieve, it needs to be established that decision as to the experience of illegal, Jersey was speaking. they specifically are not the same. It is again, is to be left to the combined not sufficient for the Senate to know judgment, hopefully, of all members of Senator TORRICELLI. Mr. Chairman, if I could just for a moment—I do not want to that there may be some circumstances the Governmental Affairs Committee, delay the committee, but when the hearing where illegal does not mean criminal. and using as a precedent that docu- began, I expressed concern, Senator Thomp- The point is illegal is not criminal. We ment that will be finally agreed upon son, that the standard was being set extraor- seek civil jurisdiction, we seek viola- by the U.S. Senate today or tomorrow.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2104 CONGRESSIONAL RECORD — SENATE March 11, 1997 Now, that is the response that I gave the Governmental Affairs Committee There is no doubt, I don’t think, in very carefully. have jurisdiction as of this moment to anybody’s mind that we have that ju- Mr. LEVIN. I thank the Senator for study and investigate corruption or un- risdiction, which is the reason why this that response, and I also point out that ethical practices and improper prac- amendment is before us, which is to re- response comes from the chairman of tices between Government personnel move the jurisdiction of the committee the Rules Committee, who is a sponsor and corporations, individuals, compa- into improper and corrupt practices of the pending resolution. This Senate, nies, et cetera? with respect to the 1996 Federal elec- I think, has a right to traditionally As of this moment, my parliamen- tions. That is what we will be voting place great stock in the sponsors’ in- tary inquiry is, under Senate Resolu- on today—whether or not the U.S. Sen- terpretation of his own resolution. tion 54, does the Governmental Affairs ate wants to take that power away That is precisely what I believe the Committee have jurisdiction to inves- from a committee that has jurisdiction Senate will be doing when we vote, be- tigate corruption, unethical practices, to look into and investigate improper cause even though we differ as to and any and all improper practices, as and corrupt practices. It is unprece- whether or not the scope should get to I previously read? dented. practices which should be made illegal, The PRESIDING OFFICER. The ju- Now, does the Rules Committee have practices which are offensive, or prac- risdiction of a committee is set out by legislative jurisdiction? Yes. But the tices which violate what the public rule XXV. Neither this resolution or Governmental Affairs Committee has wants us to be doing, nonetheless the rule XXV can explicitly change or alter investigative jurisdiction. I don’t think fact that the chairman of the Rules without an explicit change in language. anybody doubts that we have inves- Committee is asserting to the Senate Mr. LEVIN. Does the Governmental tigative jurisdiction, should we seek to that the word illegal in his judgment Affairs Committee, as of this moment, exercise it and look into improper and and his intention as the drafter of this have jurisdiction, as set forth in Sen- corrupt practices. I haven’t heard any- resolution goes to both—goes to any ate Resolution 54, to investigate cor- body allege that. As a matter of fact, violation of law, not just a criminal ruption, unethical practices, and any the reason the amendment is pending violation, is a very important state- and all improper practices between before us is to remove that jurisdiction ment for the Senate and for the future Government personnel and corpora- from us when it comes to campaign fi- of this investigation. tions, individuals, companies, or per- nance reform. I wonder if the Senator Following that statement, I ask my sons affiliated therewith, doing busi- from Ohio would yield 3 additional good friend from Virginia the fol- ness with the Government, et cetera? minutes to me. lowing: That under his interpretation, That is my parliamentary inquiry. Mr. GLENN. I yield such time as the therefore, would the Governmental Af- The PRESIDING OFFICER. Commit- Senator from Michigan may desire. fairs Committee be able to investigate tees, historically, have investigated Mr. LEVIN. This is an unprecedented violations of the Federal Elections areas within their jurisdiction under removal of jurisdiction from a Senate Campaign Act? rule XXV. The jurisdiction of a com- committee that is seeking to exercise Mr. WARNER. Mr. President, at this mittee is normally based on what is re- what is within its jurisdiction by Sen- time I reserve the timing of my re- ferred to that committee and its juris- ate rule, by Senate resolution—Senate sponse to that question. I have very diction. Resolution 54—which specifically refers carefully laid down what I believe is Mr. LEVIN. My parliamentary in- to improper and corrupt practices, and the definition of illegal but I am not quiry is, Does Senate Resolution 54 by precedent. prepared at this time to give you a re- refer that subject to this Governmental Now, why are we doing this? Why is sponse to that question. Affairs Committee? That is my par- the majority about to tell a committee Mr. LEVIN. Would that be true with liamentary inquiry. that has jurisdiction to investigate other specific questions? The PRESIDING OFFICER. Matters that it may not do so? The answer is, So that what we will have when we are not referred by resolution. Matters the fear that there will be momentum vote will be the assurance of the chair- are referred by the Presiding Officer of given to campaign finance reform. man of the Rules Committee as to the Senate. That is the issue. It is that fear that so what his interpretation of the word il- Mr. LEVIN. Mr. President, what we terrorizes, apparently, some in the ma- legal is in a general way but not a spe- have here is, I believe, the first time jority of this body that if there is an cific application. that the U.S. Senate is going to remove Mr. WARNER. Mr. President, that is investigation carried out by the Gov- from a committee of jurisdiction its correct. ernmental Affairs Committee, which it I hasten to point out while I am priv- right to investigate something that has now has jurisdiction to carry out, it ileged to be the chairman, I am not so been within its jurisdiction tradition- will somehow or other give momentum sure the total weight of this debate ally, as has corruption and improper to something which, apparently, a ma- would shift to what this Senator has to practices. They have been looked into jority of the majority does not want. say. by the Governmental Affairs Com- But this is unprecedented, and we are I come back again, the Senate will mittee over the decades. They are spe- skating now out on a pond which this work its will. This resolution that I of- cifically referred, in Senate Resolution Senate, I don’t believe, has done before. fered which is the underlying matter 54, to the Governmental Affairs Com- I have heard my good friend from Vir- before the Senate could well be amend- mittee. ginia say, ‘‘Well, there is no legislative ed. I hope not, but it could be. So I I don’t think there is any doubt in authority in Governmental Affairs in want to await the final decision of the anybody’s mind—and I will ask the the area of campaign finance reform.’’ Senate before I make any further com- question again—that the Governmental That’s true. But we have investigative ment as to what my response will be to Affairs Committee has jurisdiction to authority. There is no authority in the the question. investigate improper practices. Now, Governmental Affairs Committee to Mr. LEVIN. I thank my friend. that doesn’t mean the Rules Com- get involved in recommending changes I have a parliamentary inquiry. mittee doesn’t have jurisdiction to leg- in the criminal law. We don’t have ju- Under the pending amendment to the islate. It does. But it means that the risdiction to legislate in the area of the amendment, the language in subsection committee of jurisdiction—this is one criminal law, generally. That is in the (c) says that ‘‘the Committee on Rules of the great investigatory committees area of the Judiciary Committee. Yet, and Administration, not the Com- of this body, traditionally, which has we are left with the jurisdiction here to mittee on Governmental Affairs, has looked into illegal practices, and legal investigate illegal activities, even jurisdiction under rule 25 over all pro- practices which should be made ille- though we don’t have legislative juris- posed legislation and other matters re- gal—is being taken off the case, is diction, for the most part, in the area lating to—’’ being told that what is within its juris- of criminal law. And then No. 2 is ‘‘corrupt prac- diction cannot be investigated, even Where is the logic here? We are told tices.’’ though the unanimous vote of the Gov- you can’t legislate in the area of cam- Now, my parliamentary inquiry is ernmental Affairs Committee was to paign finance reform. Therefore, we are this: Under Senate Resolution 54, does investigate improper practices. not going to let you investigate, even

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2105 though you otherwise would have juris- The committee or any duly authorized sub- Mr. WARNER. What I am saying is diction to do so. committee thereof is authorized to study or the language sets forth the definition, (Mr. INHOFE assumed the chair.) investigate— and it is up to the chairman and rank- Mr. WARNER. Mr. President, if the (A) The efficiency and economy of oper- ing member and the Governmental Af- Senator will entertain a comment, ations of all branches of the Government in- cluding the possible existence of fraud, mis- fairs members to decide for themselves. which I hope is constructive and help- feasance, malfeasance, collusion, mis- Mr. LEVIN. My question— ful to my good friend and colleague, management, incompetence, corruption, or Mr. WARNER. What I am saying for you are talking about the actual Rules unethical practices, waste, extravagance, great clarity, for the second allocation, Committee as if we just took every- conflicts of interest, and the improper ex- supplemental funding, the Rules Com- thing away from them. Let’s go back penditure of Government funds in trans- mittee exercised what I regard as its and take a moment to see exactly what actions, contracts, and activities of the Gov- authority to restrict the use of those ernment or of Government officials and em- happened, because I know, having funds to the clause ‘‘illegal’’ for 1996. worked these 18 years with my good ployees and any and all such improper prac- tices between Government personnel and Mr. LEVIN. Is my friend, however, friend—this is on my time—that he corporations, individuals, companies, or per- saying as to the original allocation of deals in precision. We have served to- sons affiliated therewith, doing business funds that the committee may exercise gether side by side these many years with the Government; and the compliance or jurisdiction to look into improper on the Armed Services Committee. noncompliance of such corporations, compa- practices or practices which should be Now, let me walk my colleague nies, or individuals or other entities with the made illegal? Is that what my friend through exactly what happened. First, rules, regulations, and laws governing the various governmental agencies and its rela- from Virginia is saying? we have the Standing Rules of the Sen- Mr. WARNER. Mr. President, my re- ate, which defines the basic parameters tionships with the public. That is your language. It is broad. It sponse to that question is that the use of the authority of the Governmental of the first allocation of funds pursuant Affairs Committee. Each year, Mr. includes the word ‘‘corruption,’’ which is not in the standing rules for the to this resolution is limited to this, President—and it is rather inter- and it is up to the Members to inter- esting—the chairman of Governmental Governmental Affairs Committee, which is, Mr. President, of course, in pret it. And, second, it would be my Affairs comes to the Rules Committee hope that the members would interpret with a twofold request: first, for a sum the standing rules for the Rules Com- mittee. this language in accordance with what- of money to operate the committee for ever resolution is finally passed by the the coming fiscal year, and then a re- So the Senator made the statement that we had taken it all away. Senate today because I view that as an quest to enlarge the jurisdiction as set expression by the Senate as to what forth in the Standing Rules of the Sen- Mr. LEVIN. Senate Resolution 54 now is governing. the scope should be of activities of the ate. That was done this year. I hasten Governmental Affairs Committee with to point out to my good friend—— Mr. WARNER. Senate Resolution 54 governs the expenditure of $4.53 mil- regard to both the underlying $4.53 mil- Mr. FORD. Mr. President, can I get lion and the additional funds. into this for a minute? I don’t think we lion. Mr. LEVIN. I want to be real clear at accepted the enlargement of it. It was Mr. LEVIN. The Senator agrees with this point. What the Senator, the more to carry it out than to enlarge it. me. chairman of the Rules Committee, is Mr. WARNER. Mr. President, I dis- Mr. WARNER. Beg pardon? telling us is that technically we can agree with my distinguished colleague Mr. LEVIN. Senate Resolution 54 is spend the first pot of money as we de- and ranking member. I would like to what is currently in effect. termine to do so within our jurisdic- engage him in the colloquy at the prop- Mr. WARNER. That is correct. tion and within Senate Resolution 54, er time. I want to refer to Senate Reso- Mr. LEVIN. What is in effect gives but as to the supplemental funds, that lution 54, which was passed by this the Governmental Affairs Committee would be governed by the pending body upon the recommendation of the the power to look at corrupt practices, amendment, if it passes. Is that cor- chairman and ranking member of the just as I read—I read from the exact rect? Rules Committee. All I have to say to same Senate Resolution that the good my good friend from Kentucky—and we Senator from Virginia read that we Mr. WARNER. Not necessarily the welcome him back this morning—— have jurisdiction in Governmental Af- pending amendment. The ultimate res- Mr. FORD. You went back to the fairs to look at corruption, unethical olution passed by the Senate. rules. practices, and improper practices. That Mr. LEVIN. Ultimate resolution. Mr. WARNER. The Rules Committee is what is in effect now and that is Mr. WARNER. I simply say, going issued Senate Resolution 54, which was what would be changed by the pending back to the underlying rules of the voted on by the Senate. resolution before us. Senate, it was enlarged in Senate Reso- Any reading of Senate Resolution 54 Mr. WARNER. Mr. President, what lution 54. You can decide for yourself, shows a considerable broadening and the Senator said, as I understood him but I hope you will decide within the enlargement beyond the scope of the to say, we took away all your jurisdic- framework of this debate and the ulti- authority vested in that committee tion. That is not correct. As to the mate resolution, which resolution ap- under the Standing Rules of the Sen- $4.53 million, it is there. As to the sec- plies to the second allocation of funds. ate. That is my point. And it is, I say ond allocation of funds in the nature of Mr. LEVIN. Mr. President, then if I to my friend from Kentucky and my a supplemental, it is quite true the could conclude, let me reiterate what I friend from Michigan, an enlargement. Rules Committee laid down in the reso- said as I think it is still accurate. If we Let me read the language as rec- lution a more precise definition as to adopt this resolution today, we will be ommended by the chairman and pre- what you do with the second allocation removing from the Governmental Af- sumably the ranking member and the of funding and that is restricted to ille- fairs Committee a jurisdiction which it Rules Committee accepted it. gal activities in the 1996 campaigns, now has to investigate corrupt prac- Mr. LEVIN. I wonder if the Senator Presidential and congressional. But the tices, improper practices, practices would tell us what he is reading from. Senator made the statement that it which should be made illegal, practices Mr. WARNER. Yes. I am reading took it all away. I am pointing out the which we could investigate within the from Senate Resolution 54 which is distinction. No, no, it relates to the Senate Resolution 54 jurisdiction of that document voted on in the Senate second allocation of funding. our committee—the current jurisdic- to give $4.53 million to the committee Mr. LEVIN. Is the Senator from Vir- tion of our committee would allow us to conduct its affairs, and this is the ginia saying today that relative to the to look at improper practices, but what language of the charter. allocation of funds in Senate Resolu- the pending resolution tells us, if it is Mr. LEVIN. On page 16? tion 54, the committee is then free to adopted and becomes the final expres- Mr. WARNER. Page 18 of Senate Res- look at improper practices in the area sion of this body’s will, what the pend- olution 54. I will pause for a moment of campaign financing? Is that what ing resolution tells us is Governmental until my colleague has it. Section the Senator is saying today? Because I Affairs, with this special fund which we (d)(1). thought I heard something different. are providing you to look into the 1996

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2106 CONGRESSIONAL RECORD — SENATE March 11, 1997 election, you may not do what you oth- The argument technically is: But you Rules Committee. And I hope that you, erwise can. You may not look into im- don’t have legislative authority in as a colleague, will give us the benefit proper practices with this fund, al- campaign finance reform. That is true. of the doubt, that the Rules Committee though you could normally look into We don’t have legislative authority to will diligently—certainly speaking for improper practices with the funds that amend the criminal laws either, but we myself, and I think for many members we provide to you. are allowed to look into illegal prac- of that committee, if not all—will dili- Now, why the difference? Why are we tices. There is utterly no logic in this. gently pursue the issues that are of told when it comes to look at the 1996 The argument which was used to re- great importance. I share your concern election that we cannot exercise the strict this funding to illegal practices over the importance of both inde- same jurisdiction, look into the same was: Governmental Affairs doesn’t pendent expenditures and soft money. type of practices, corrupt, improper have legislative authority—which is The phrase ‘‘soft money’’ must be ter- practices that have an odor, why are true—to legislate in the area of cam- ribly complex to the American public. we being told we cannot do that with paign finance reform. But we do not What is soft money? I guess we are the funds that are given to us specially have legislative authority to legislate going to get a tight definition of that to look into the 1996 election? relative to illegal practices either, but at some point. But we will pursue it The answer is very obvious. The an- we are allowed, in fact we are re- with diligence. And I hope you ac- swer is that there is a fear on the part stricted, in terms of our investigation, knowledge that fact. of a majority of the majority that such to the area of illegal practices. So the Mr. LEVIN. If the Senator will yield? an investigation will get into the area logic for this restriction is not there. Mr. WARNER. Yes. of soft money, which is legal—part of it What is there, and I think a number of Mr. LEVIN. I thank him for that. we believe is illegal, but most of it is Members of the majority have been Soft money is most of the money that probably legal. And so we are being very open about this, is that they do is out there. It is the unregulated told that with this sum of money being not want us to give any momentum to money. It is the millions. given specially to look at the 1996 elec- As it turns out, under the current tion, we cannot look at what is legal in the reform movement in the area of definition, if I could just ask my good the area of soft money, even though it campaign finance. And the fear is friend to yield for 1 more minute, has an odor to it, even though its pur- there, that if the Governmental Affairs under the current definition by the At- pose is to evade the current law, even Committee investigates within the torney General and Boyden Gray—who though it allows corporations to give area of its traditional jurisdiction, im- millions of dollars to campaigns when proper practices, unethical practices, was the counsel for President Bush, the clear purpose of current law is that and corruption as we have in Senate they both agree on this—I cannot use corporations not give money to can- Resolution 54—if we do that, the fear is my phone, even a cell phone, at my didates in elections. that we will somehow or other give a own expense in my office, to solicit a That is the purpose of the pending boost to campaign finance reform. And contribution to my campaign for $100. I amendment from the Rules Committee. to that I say: Amen, it is long overdue. cannot do that, even using my own cell We should have no doubt about what And what is unprecedented, unprece- phone in my office. But I can use my its purpose is. It is to restrict the in- dented, is the restriction of a fund to Government phone to solicit $1 million vestigation so that the Governmental prevent a committee from looking into for the Democratic National Com- Affairs Committee cannot do with this an area which it has traditionally mittee, right from my office. That is money that is given to us to look into looked into. That is what is unprece- the current state of the law. That is the 1996 elections, cannot do what we dented. It is something which the pub- the soft money ‘‘exception,’’ which is have traditionally done with all other lic, I believe, will totally disagree with. really the rule, because it is most of funds given to the Governmental Af- I believe this institution will regret the money which is now received. fairs Committee, which is to look into doing it, because it sets a precedent for But to answer my friend’s question, I improper practices or unethical prac- this institution which is not a wise was very careful saying what is off the tices or practices which should be made precedent. And I do not think it will table, as far as the Governmental Af- illegal. withstand the scrutiny, either of the fairs Committee investigation is con- We are told that with this funding public or of the media. cerned, if this resolution is adopted in that we are being given to look into What we are left with will be this. If its current form, will be the investiga- the 1996 election, that we cannot do this resolution passes in the form that tion into what is currently legal in the what we could do with the funds that it is now in from the Rules Committee, area of soft money, independent ex- were given to us under Senate Resolu- or something like it, we will then be penditures. I did not comment on what tion 54, and which have traditionally limited to illegal, which I am happy to the Rules Committee might or might been part of the jurisdiction of the hear, at least in the opinion of the not do, and that is going to be in the Governmental Affairs Committee. chairman of the Rules Committee, in- good judgment of the Rules Committee I am going to close by reading this cludes both civil as well as criminal il- and its chairman and ranking member. resolution language again because it is legality. And I presume we will do the Mr. WARNER. Mr. President, I hope so important. Senate Resolution 54 is best that we can with that. But we all the Senator will give us the benefit of what gives the Governmental Affairs ought to realize that what is off the the doubt that we as Senators will pur- Committee its mandate. It is now the table, as far as this investigation is sue that with equal vigor. law. It is what is in place. It is what we concerned, by Governmental Affairs I thank my colleague. It was a very are operating under in Governmental Committee—what has been removed, profitable exchange. Affairs. And Senate Resolution 54 says, taken away from us, restricted, is the Mr. AKAKA. Mr. President, as a on page 16 and 17 that: bright light of day into what is cur- member of the Senate Governmental The committee, or any duly authorized rently legal but which should be, at Affairs Committee, I am naturally in- subcommittee thereof, is authorized to * * * least arguably, made illegal. terested in this debate over Senate investigate—* * * corruption * * * unethical I thank the Chair and I also thank Resolution 39—a funding resolution for practices * * * and any and all such improper the Senate Governmental Affairs Com- practices between Government personnel and my friend from Virginia. As always, he corporations, individuals, companies, or per- has shown great courtesy in terms of mittee special investigation, as amend- sons affiliated therewith, doing business attempting to respond to inquiries on ed by the Senate Rules Committee. I with the Government* * *. the floor, and to helping this institu- object to the action taken by the Rules That authority given to us in Senate tion work its way through some very Committee on Thursday that forces the Resolution 54 to look into corruption difficult issues. Governmental Affairs Committee to and unethical practices and improper I yield the floor. limit its investigation solely to illegal practices, we will not be allowed to ex- Mr. WARNER. Mr. President, I thank activities related to the 1996 elections. ercise when it comes to the use of this my colleague. But just before he de- I object because the Governmental special fund that is given to us for the parts, I hope he would recognize that, Affairs Committee had a bipartisan purpose of looking into the 1996 elec- while he uses the phrase ‘‘taken it off agreement on a broad scope for this tions. the table,’’ it is the jurisdiction of the fundraising investigation. However, in

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2107 an effort to appease those opposed to investigating allegations that may be The PRESIDING OFFICER. The Sen- reforming our campaign finance laws, embarrassing to Congress, and poten- ator from Ohio. the Rules Committee overrode the tial problems related to individual Mr. GLENN. Mr. President, this de- agreement unanimously adopted by the members would be referred to the Sen- bate comes down to a simple choice: Governmental Affairs Committee on ate Ethics Committee. I know that You are in favor of campaign finance January 30, 1997. The scope of the in- most Members of Congress are honest; reform or you are opposed to campaign vestigation is now so narrow that we however, if our citizenry believes that finance reform, and that is what the are being forced to operate with blind- money buys access, then we must look argument is all about. I believe both ers. If a fundraising activity is im- into allegations that point to improper sides of the aisle want to correct things proper—we cannot look at it. If the ac- use of office. as far as illegalities are concerned, I tivity occurred prior to 1996—we can- The statement of purpose of the Gov- don’t have any question of that. But not look at it. If the activity involves ernmental Affairs special investiga- the other area that is so big is the area soft money or questionable use of tax- tion, as amended by the Rules Com- of independent expenditures, soft exempt organizations—we cannot look mittee last Thursday, authorizes funds money and all the other practices that at that, unless it is clearly illegal. for ‘‘the sole purpose of conducting an grew up and came to a peak in the 1996 The Rules Committee resolution nar- investigation of illegal activities in election. rows the definition of illegal so that connection with 1996 Federal election There was no doubt that the public the Governmental Affairs Committee campaigns.’’ We have been told that was demanding that we look into this, would have to show evidence of crimi- the scope agreed to in the resolution and there were various committees nal activity beyond a reasonable doubt before us was patterned after the Wa- that wanted a part of that activity. before an activity or individual can be tergate resolution. However, the omis- There was the Commerce Committee, investigated. Is there anyone who does sion of two key words from that origi- Judiciary Committee, Foreign Rela- not believe that there are some serious nal Watergate resolution—unethical tions Committee, Rules Committee, allegations that are improper rather and improper—will undermine any in- and Governmental Affairs Committee. The Republican leadership decided to than illegal? How can we legislate vestigation into the influence of money talk the other committees into not ex- changes in our campaign finance laws on Federal elections. ercising their jurisdictions they nor- if we cannot look into activities that Mr. President, I shall not belabor mally would have in this area and as- are not currently illegal, but should be this issue as I know there are other sign that to the Governmental Affairs illegal? Members who wish to speak. I want to Mr. President, I am proud to be a reiterate, however, that the scope Committee, which has the broadest in- member of the Governmental Affairs agreed to on January 30, 1997, was very vestigative authority on Capitol Hill. My friend, the Senator from Virginia, Committee because it is one committee inclusive—it would provide for an in- read into the RECORD a little while ago that continually operates in a bipar- vestigation into the business of fund- raising by both parties. The purpose of the Governmental Affairs Committee’s tisan and fair manner. We hammered jurisdiction out of Senate Resolution out the scope of our investigation over our inquiry was to examine all aspects of campaign fundraising—both Presi- 54, which details what we are to look a period of several days and it received into with the money that comes out support from Democrats and Repub- dential and congressional—with the eventual outcome to be substantive and we are given each year. It involves licans alike. the whole gamut of anything to do Last Friday, I participated in a press and effective campaign finance reform legislation. I fear that without ensur- with the Federal Government in any conference called by the ranking mem- way, shape, or form, any type of cor- ber of the Governmental Affairs Com- ing that improper fundraising practices are included in the investigation that ruption, anything we want to look into mittee, Mr. GLENN, to express concern on that. We have exercised that juris- with the newly amended funding reso- this may never come about. We cannot deny the public a full and thorough in- diction through the years. lution that came out of the Rules Com- It was assigned to the committee. mittee. At that news conference, I said quiry into allegations that may even- tually lead to tough campaign finance Senator THOMPSON, chairman of the that the committee had taken the high Governmental Affairs Committee, and ground by unanimously agreeing to a laws. Mr. WARNER. Mr. President, will the I worked out an agreement on what the resolution setting forth the scope of its Chair kindly advise the Senator from scope of this investigation would be. investigation. Virginia and the Senator from Ohio as We didn’t have agreement on the Back on January 30, 1997, the com- money yet or some other things like mittee agreed on a number of issues re- to the remainder of the time? The PRESIDING OFFICER. The Sen- that, but we at least had the $1.8 mil- lating to illegal or improper fund- ator from Virginia has 10 minutes, 14 lion we agreed to. Today, we are going raising and spending practices which seconds; the Senator from Ohio, 3 min- up to the $4.5 million that was stated, would lead to a consensus of how to utes and 17 seconds. but we object strongly to cutting back best consider the issues at hand. Re- Mr. BOND addressed the Chair. on our normal jurisdiction of what we gretfully, since the adoption of that The PRESIDING OFFICER. The Sen- can look into. agreement, there has been discord, in- ator from Missouri is recognized. Why is this being cut back? Because sinuations, accusations, and other ob- Mr. BOND. I thank the Chair. a few members on the Rules Committee stacles to resolving the impasse over (The remarks of Mr. BOND pertaining that has to pass on our additional the committee’s special investigatory to the introduction of S. 419 are located money for investigative activity over funding. in today’s RECORD under ‘‘Statements and above our normal committee budg- I object to the revision of the scope on Introduced Bills and Joint Resolu- et dug in their heels, the people who previously agreed upon by the Govern- tions.’’) are publicly outspoken against any mental Affairs Committee because past Mr. BOND. Mr. President, I offer my campaign finance reform, and they are investigations into allegations of mis- sincere appreciation to my distin- the ones who, on the Rules Committee, conduct examined improper and uneth- guished friend, the chairman of the were able to stop that type funding, ical conduct as well as illegal conduct. committee. unless they got an agreement, unless a Moreover, if the funding resolution be- Mr. WARNER. Mr. President, I am deal was cut. fore us today is adopted, we will limit happy to do it. It is a very important So a deal was cut that we would not the scope of the investigation to only matter, and I was quite interested in be able to look into any of the things the 1996 election cycle, thereby elimi- what the Senator from Missouri had to involved that we wanted to look into nating the possibility of looking into say. with regard to soft money and inde- the issue of soft money, issue advo- The Senator from Virginia yields pendent expenditures with regard to cacy, and possible illegal use of tax-ex- back such time as he has remaining, Capitol Hill, with regard to congres- empt organizations. and I understand my colleague from sional campaigns, Senate or the House. Under the amended resolution, the Ohio will have further remarks, at the They were dead set against that. They Governmental Affairs Committee in- conclusion of which we will stand in re- didn’t want that looked into. The rea- vestigation would be precluded from cess until the reconvening hour of 2:15. son, I guess, is because Republicans

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2108 CONGRESSIONAL RECORD — SENATE March 11, 1997 outdo the Democrats about 2 to 1 in and Administration any evidence of ac- The PRESIDING OFFICER. The this fundraising area and particularly tivities * * * [that] are not illegal but clerk will call the roll. in the area of soft money. It was cru- which may require investigation * * *’’ The legislative clerk proceeded to cial, as we see it, a couple of years ago In other words, this takes us back call the roll. in changing the majority in the Sen- where we were. It second-degrees my Mr. WARNER. Mr. President, I ask ate, because money is the mother’s amendment and takes us back to the unanimous consent that the order for milk of politics. It is really what has intent of Senate Resolution 39, which the quorum call be rescinded. more impact than anything else. So cut back the authority on the com- The PRESIDING OFFICER (Mr. they objected to any changes or to any mittee. SMITH of New Hampshire). Without ob- investigation in those areas. There has been a good discussion of jection, it is so ordered. The PRESIDING OFFICER. The Sen- this this morning. But to my way of Mr. WARNER. Mr. President, in the ator’s time has expired. thinking, this boils down, very, very absence of anyone on this side of the Mr. GLENN. I ask unanimous con- simply, to one area. And one thing that aisle, I suggest a quorum be reinstated sent to finish my statement. is correct is, it is a choice. Do we want and that the time not be counted The PRESIDING OFFICER. Without campaign finance reform or do we not? against either side. objection, it is so ordered. We want the broadest possible inves- The PRESIDING OFFICER. Without Mr. GLENN. Mr. President, they tigation so we can come out with good objection, it is so ordered. wanted to cut out any investigation of campaign finance reform that I think The clerk will call the roll. Capitol Hill. That is the reason we will be follow on to McCain-Feingold if The legislative clerk proceeded to came to this situation. It was not that we are ever able to get it to a vote. On call the roll. most Members don’t want to correct the other side, they do not want any Mr. LOTT. Mr. President, I ask unan- campaign finance reform on our side. investigation in this area and are op- imous consent that the order for the We asked for campaign finance reform posed to campaign finance reform. quorum call be rescinded. legislation to be brought to the floor That is the bottom-line choice we are The PRESIDING OFFICER (Mr. all this year. We would like to see the talking about here. ENZI). Without objection, it is so or- McCain-Feingold proposal voted on. I will end with that because my good dered. But regardless of that, we think that friend from Virginia has been very kind UNANIMOUS-CONSENT AGREEMENTS an airing of everything to do with what in granting me extra time here. I have Mr. LOTT. Mr. President, we have a happened in campaign financing over run over several minutes, I know. I unanimous consent process that we the past several elections, really, as thank him very much. will go through here that would allow this has built up to a crescendo that Mr. WARNER. I thank my colleague. for the withdrawal of the pending sec- just inundated us in 1996, we think that I would have to say to my good friend ond-degree amendment and the offer- should be looked into to lay the base and colleague, we will have more de- ing of a new amendment. We are very for real campaign finance reform and bate on this as the day goes on and per- close to an agreement on not only this give us that kind of educational base. haps tomorrow. Hopefully, we can fin- procedure, but a number of other as- What happened? Those who were ish tonight, but I will be ready to take pects of how we will deal with this against this got a deal cut, and instead, the floor tomorrow again. pending resolution this afternoon. all the things we were going to look Mr. President, he misstates the case. We would like to get this consent into which was submitted as the origi- This Senator is for campaign finance agreed to, and then we will take a few nal part of Senate Resolution 39 from reform of some measure. I am not able minutes more to make sure everybody the Governmental Affairs Committee to give the parameters in totality now. understands exactly what we are pro- to the Rules Committee for approval The distinguished majority leader sat posing to agree to, and we will come were all struck, the total language, and here and opened this debate this morn- back and go through that process. It the additional funds in the last part of ing indicating what is taking place. He, could lead to our having perhaps just this that are operable in Senate Reso- together with Senator NICKLES, is con- one more recorded vote and final pas- lution 39 as brought to the floor state ducting a task force on this side of the sage. But we want to make sure every- that funds can only be used for the sole aisle which meets on a regular basis to body understands and is comfortable purpose of conducting an investigation examine those provisions, which, hope- with what we are doing to the max- of illegal activities. That takes out all fully, we will insert at some point in imum degree possible. those other areas of soft money that time in a bill which is clearly cam- I ask unanimous consent, Mr. Presi- we wanted to look into. paign finance reform. So, I have to dent, notwithstanding the consent The amendment I proposed would re- strongly disagree with my good friend agreement, that it be in order for me to store the scope of the investigation, as and colleague on that point. withdraw amendment No. 22 in order to the chairman and I and as all members Now, Mr. President, we shall stand in offer a separate amendment, and the of the Governmental Affairs Com- recess. amendment be in order notwith- mittee, including those who are on the f standing the fact that it hits the reso- Rules Committee, voted out of com- RECESS lution in more than one place. mittee. They voted for these things to The PRESIDING OFFICER. Under The PRESIDING OFFICER. Without go into this type of scope. They did not the previous order, the hour of 12:30 objection, it is so ordered. disagree with it then. But as part of having arrived, the Senate will stand Mr. LOTT. Mr. President, I ask unan- the deal that was cut then, that kind of in recess until the hour of 2:15. imous consent that the pending Glenn scope was taken away from us. Now I Thereupon, at 12:31 p.m., the Senate amendment be laid aside in order for would propose, with my amendment, to recessed until 2:14 p.m.; whereupon, the me to offer an amendment, and no fur- restore that. Senate reassembled when called to ther amendments be in order prior to What has happened this morning is order by the Presiding Officer (Mr. the vote on or in relation to my now the majority leader has proposed BROWNBACK). amendment. an amendment to my amendment, a Mr. SPECTER. Mr. President, reserv- second-degree amendment in the na- f ing the right to object, I ask whether ture of a substitute, that would again AUTHORIZING EXPENDITURES BY that is intended to preclude any fur- say that ‘‘the Committee on Rules and THE COMMITTEE ON GOVERN- ther amendments on the resolution. Administration, not the Committee on MENTAL AFFAIRS Mr. LOTT. At this point it is just no Governmental Affairs, has jurisdiction The Senate continued with the con- further amendments in order to my under rule 25 over all proposed legisla- sideration of the resolution. amendment. We are discussing the pos- tion and other matters relating to—(1) The PRESIDING OFFICER. There sibility of an agreement that would not Federal elections generally * * * [and] are 15 minutes equally divided to each provide for additional amendments, but (2) corrupt practices * * * [and] the side. we have not reached a final agreement Committee on Governmental Affairs Mr. WARNER. Mr. President, I sug- on that at this point. So we would have shall refer to the Committee on Rules gest the absence of a quorum. to just talk that through with you and

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2109 other Senators and make sure every- On page 10, line 23 after the word ‘‘illegal’’ or basically any State in the country, body understands and agrees before we add ‘‘and improper’’. weekend after weekend, for the next 2 enter that next request. But it is not Mr. LOTT. Mr. President, I suggest years is what candidates must do if applicable here. the absence of a quorum. they hope to raise the money necessary Mr. SPECTER. As long as this unani- The PRESIDING OFFICER. The to compete in a senatorial election. mous consent request is not precluding clerk will call the roll. Democracy as we know it will be lost further amendments to the resolution, The legislative clerk proceeded to if we continue to allow government to I do not object. call the roll. become one bought by the highest bid- Mr. DASCHLE. Reserving the right Mr. DOMENICI. Mr. President, I ask der, for the highest bidder. Candidates to object, I only do so for purposes of unanimous consent that the order for will simply become bit players and clarification. the quorum call be rescinded. pawns in a campaign managed and ma- I think what the majority leader is The PRESIDING OFFICER. Without nipulated by paid consultants and proposing here goes a long way to re- objection, it is so ordered. hired guns. solving one of the issues that divided Mr. DOMENICI. Mr. President, I ask Because of the political money chase, Democrats and Republicans. First, I unanimous consent that I be permitted Washington, DC is fast becoming the commend him and commend those re- to proceed as in morning business for 5 center of our lives, not our people back sponsible for offering this amendment. minutes to introduce a measure, after home. The money chase has got to What this would do is to add the word which time I will suggest the absence stop. We must reform the system so ‘‘improper’’ at the appropriate places of a quorum. that ordinary, everyday people, who within the authorization to allow us to The PRESIDING OFFICER. Without want to run for political office and look at both improper and illegal ac- objection, it is so ordered. make our country a better place are tivity. So, as I say, this goes a long Mr. DODD. Will my colleague yield able to do so. way to resolving the conflict that we to make that 6 minutes so I could get I have spent a good part of my Sen- have discussed now for some time and a minute in? ate career and political life working to that was the subject of debate this Mr. DOMENICI. I ask unanimous nudge and, occasionally shove our morning. So this moves this process consent for 7 minutes and give 3 of my party back toward the center of the po- along. I would certainly urge all of my minutes to Senator DODD. litical road. I came to Washington as a colleagues to agree to this unanimous The PRESIDING OFFICER. Without moderate Democrat, believing then as I consent request. objection, it is so ordered. still do, that the will of the people Mr. LOTT addressed the Chair. (The remarks of Mr. DOMENICI and comes first. I’ve tried to be a moderate The PRESIDING OFFICER. The ma- Mr. DODD pertaining to the introduc- voice and will continue to do so. I love jority leader is recognized. tion of S. 422 are located in today’s our country too much to let the ex- Mr. LOTT. Mr. President, I thank the RECORD under ‘‘Statements on Intro- tremists ram their agenda down our Senator for his comments. I might say, duced Bills and Joint Resolutions.’’) throats. just for further clarification, it would Mr. FORD. Mr. President, I ask unan- There are many challenges facing the add to ‘‘illegal’’ the words ‘‘and im- imous consent I may proceed for 12 Senate and our party as we march into proper.’’ The Glenn amendment of minutes as in morning business. the next millennium. More than ever, I course has a number of descriptions. The PRESIDING OFFICER. Without want to be involved in addressing some We are working on a discussion here of objection, it is so ordered. of them. how that might be handled in a col- f I am not in the business to get my loquy here today. But this would just name in lights or to appear on the na- RETIREMENT ANNOUNCEMENT add the words ‘‘and improper’’ at the tional TV talk shows or make head- appropriate places in the resolution. Mr. FORD. Mr. President, when the lines in the national newspapers. My The PRESIDING OFFICER. Is there 94th Congress convened in January philosophy has always been and will further objection in regard to this re- 1975, I was 93d in Senate seniority. continue to be keep a low profile, work quest? Without objection, it is so or- When the 105th Congress convened this behind the scenes with my colleagues dered. past January, I was 12th. What a dif- on both sides of the aisle, and come up Mr. LOTT. I further ask unanimous ference 22 years make. with a solution that benefits everyone. consent that following the disposition My 22 years of service to the people Compromise is not a dirty word. I plan of the Lott amendment, the Senate re- of Kentucky, as their U.S. Senator, has on working this way in the months sume the Glenn amendment No. 21, and been during a remarkable period in his- ahead. no amendments be in order prior to the tory. We have witnessed the end of the Now of a more immediate and per- vote on or in relation to the Glenn cold war and the fall of the Berlin Wall. sonal concern. Do I run again for an- amendment No. 21 and he be permitted We have witnessed a technological other term in 1998? My health is good, to withdraw his amendment if he boom that was unthinkable 22 years my mind is sharp, and I enjoy what I do chooses after our discussions take ago and we’ve witnessed the growth of as much as life itself. However, because place. democracy in practically every under- my mind is sharp, it is quick to remind The PRESIDING OFFICER. Is there developed nation in the world. me that I am 72 years old and I will be objection? Without objection, it is so We have also seen the cost of a col- 74 in November of 1998. The good Lord ordered. lege education skyrocket. We have has a plan for every one of us, even me. AMENDMENT NO. 23 seen the cost of medical care sky- My heart says that my love affair with Mr. LOTT. Mr. President, I now send rocket. And last but not least, we’ve the people of Kentucky is not over. My my amendment to the desk and ask for seen the cost of a political campaign head says it has been a long ride and a its immediate consideration. skyrocket. good ride but now it is time to pass the The PRESIDING OFFICER. The The average cost of a U.S. Senate reins on to a younger generation. clerk will report. race in 1974, the first year I ran, was Today I will lead with my head and The legislative clerk read as follows: less than $450,000. In fact, $437,482. The not my heart. So the time has come for The Senator from Mississippi [Mr. LOTT], average cost of a Senate race last year me to announce that I will not be a for himself, Mr. THOMPSON, and Mr. WARNER, was approximately $4.5 million. There candidate for reelection in 1998. proposes an amendment numbered 23. is no job, especially the job of public As you try to understand my deci- Mr. LOTT. Mr. President, I ask unan- servant, that is worth or deserves the sion, let me ask you to do something imous consent that further reading of effort necessary to raise and spend that for me, if you will. Don’t say that I’m the amendment be dispensed with. much money. ready to go because I’m not and, frank- The PRESIDING OFFICER. Without The job of being a U.S. Senator today ly, I never will be. I still get goose objection, it is so ordered. has unfortunately become a job of rais- bumps every time I look up at the Cap- The amendment is as follows: ing money to be reelected instead of a itol dome on my way to and from work. On page 10, line 19 after the word ‘‘illegal’’ job doing the people’s business. Trav- You can say that my reelection cam- add ‘‘and improper’’. eling to New York, California, Texas, paign would be my most expensive race

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2110 CONGRESSIONAL RECORD — SENATE March 11, 1997 ever. I do not relish—in fact, I detest— had it right much earlier than I I yield the floor. the idea of having to raise $5 million thought he did. This is the last of four Mr. BENNETT addressed the Chair. for a job that pays $133,000 a year. To paragraphs, referring to the seasons: The PRESIDING OFFICER. The Sen- reach that mark, I would have to raise Another year has passed, ator from Utah. $100,000 a week, starting today, for the the days not slow or fast, Mr. BENNETT. Mr. President, when I next year. Burned deep within our brain, came here as a freshman, I remember Please don’t say that my time has its memories will ever remain, the first parliamentary situation I got And although you look back and stood, snarled up in, and the man who stepped passed and I should be put out to pas- wishing there had been more good, ture, because I don’t believe that it No one can change the seasons, up to help me unsnarl it and begin to has. The political philosophy that I ’cept God, and he’s had no reason. understand the way the Senate worked embrace is just as relevant today as it I thank the Chair for giving me this was the senior Senator from Kentucky was when I first entered public life 30 time. I yield the floor. [Mr. FORD]. He sits on the other side of years ago. It is a philosophy centered Mr. LEAHY. Mr. President, I ask the center aisle from the side I sit on. on the fact that most Kentuckians unanimous consent to proceed for We have not cast very many votes in cherish personal freedom more than ei- about 4 minutes in reference to the the same way. But he has been an un- ther a liberal agenda or a competing speech we just heard. failing source of good humor and good conservative agenda that just uses The PRESIDING OFFICER (Mr. fellowship, and he has become a close Government in a different way to pro- KEMPTHORNE). Without objection, it is friend. mote its goals. so ordered. I remember, as I contemplate this oc- I thank the people of Kentucky from Mr. LEAHY. Mr. President, I have casion, one night when I was called the bottom of my heart for giving me listened to my good friend from Ken- upon for late service in the Chair. As the chance to be their voice for these tucky, who has been my good friend things happened that night, the two four-plus terms here in the U.S. Sen- from the time we first met as newly leaders, for one reason or another, ate. I have been blessed with good elected Members of the class of 1974. could not seem to get together, and the friends and dedicated supporters all We came here together, and I can hon- hour went on and on and on, and they around my State, who have been there estly say, Mr. President, that I have could not call anybody to relieve me in the Chair. I was there until almost time and time again when I have called looked to Senator FORD for guidance midnight. Absolutely nothing was hap- for their help. on every issue since then. I came from No one serves the people alone. He or a small county office, and he came pening on the floor; indeed, nobody was she must have a good, bright, hard- from being Governor of a State much on the floor—except the Senator from working staff for support. I have been larger than Vermont ever has been or Kentucky, who had duty himself that blessed with an abundance of such a ever will be. night on behalf of his party. I remem- staff. They have proven themselves I remember debates we had when we ber asking him, as a freshman seeking wisdom, as I was looking up in the gal- more than capable of handling any sit- were in the majority and in the minor- lery, ‘‘Why are they here at 11 o’clock uation thrown at them. Their un- ity, and back to the majority and then at night or 11:30 at night, with nothing equaled loyalty and total devotion to back to the minority. WENDELL FORD’s going on?’’ They sat there patiently in their work, especially in handling con- was one of the voices we would listen the gallery. Senator FORD said, ‘‘Be- stituent services, both in my district to as we tried to find the answers that cause the zoo is closed.’’ made sense for the country and for offices and here in Washington, is prov- He has been a delight to be around. I en time and time again. My staff is each other. serve now on a task force with him, WENDELL FORD also had a quality simply the best, as the thousands of and I appreciate his candor, his direct- that was very much the quality of all constituents who have used them will ness, his clear honesty, and his great Senators, Republican and Democrat, attest. respect for this institution. This is the when he first came here—a quality In announcing last month that he kind of Senator we need in terms of would not run again, my good friend that, perhaps, some today should re- this respect. and colleague, JOHN GLENN, put it in mind themselves of, because it existed There are many who come here who perspective when he said, ‘‘There still universally then, and that is the qual- do not recognize the great honor it is is no cure for the common birthday.’’ I ity of when a Senator gives his word, to be here and sometimes bring a de- believe that 100 percent, and I want to his word is gold. There is not one single gree of dishonor to this body and the leave here knowing that I have a lot person who has served here in the 22 work it does on behalf of the people. more birthdays to celebrate with my years that WENDELL FORD has been Senator FORD is not in that category. family. here who has ever questioned his word. He is in the other category of those Now, speaking of family, no one—and There is not one single Senator here who will be missed on both sides of the I repeat, no one—could ask for a more who found him to be someone who did aisle, a good friend whom we shall look supportive and loving family than not keep totally to his commitments. forward to seeing for many years to mine. My wife, Jean, has been my an- What I have enjoyed in our personal come even after his service here has chor for over 50 years. My children, relationship is that he is a man I have ended because we find him such good Shirley and Steve, have had to grow up been able to go to for counsel and guid- company and such a fine, fine friend. with an absentee father a lot of the ance and know that I could discuss Mr. WARNER addressed the Chair. time. But they know in their hearts anything with him without it ever The PRESIDING OFFICER. The Sen- how much I love them. I plan on help- being given out, if I told him it was in ator from Virginia is recognized. ing them in the years to come the way confidence. Mr. WARNER. Mr. President, I join they have been there for me all these Marcelle and I have been privileged those in expressing our good wishes to many years. As for my grandchildren, I to be here with Jean and WENDELL both the senior Senator from Kentucky can’t wait to spend more time with FORD. They are the kind of people that and, indeed, his wife and family for them and, hopefully, learn a thing or future generations of the Senate should their next chapter. two from them. I’ll finally have the look to for the best, not just for Ken- Yesterday afternoon, I say to my time to dote on them and spoil them tucky, but for the country. Ultimately, good friend from Kentucky, I inter- the way a grandfather is supposed to what is most important in this body is rupted the proceedings in relation to do. not whether you are liberal, moderate, the underlying amendment to speak Mr. President, let me close by read- or conservative, but whether you serve briefly on behalf of our good friend and ing the last paragraph from a poem en- with integrity for the best interests of colleague, who at that time was nec- titled ‘‘A Year,’’ which I have carried the country. I have served with many, essarily detained in that State he loves with me for many, many years. My son many people who fit that description, most, Kentucky. But I have been privi- had it right when he wrote this back but I have been fortunate that, for 22 leged now to serve as chairman of the during his sophomore year at Frank- years, I have served here with a man Rules Committee with my distin- fort High School. He is now married who epitomizes that—WENDELL FORD of guished colleague as the ranking mem- and has three lovely sons and, still, he Kentucky. ber, and I have been a member of this

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2111 committee for many, many years. We ment of Energy, with very little ties and through them, ratepayers, have all come to know and respect progress being made by the Depart- signed a contract with the Federal WENDELL FORD. And I think within the ment in living up to the Federal law Government to dispose of commercial institution of the Senate, certainly as which requires the DOE to accept com- nuclear waste, a contract upheld by the it relates to all the employees, no mat- mercial nuclear waste. In fact, late last courts last year. ter whether they are in the cafeteria, year, the DOE politically punted their With that understanding, States no matter whether they are here on the problem by notifying utilities and planned for limited onsite temporary dais, wherever they are, he feels a very States that it would not meet the dead- storage capacity, relying upon the Fed- keen sense of responsibility for their line, despite a Federal court’s ruling eral Government’s fulfillment of its welfare and their safety and for their that it must do so or be liable for sub- contractual obligation. ability to achieve their goals and care stantial damages. Yet, as the years passed, it became for themselves and their families. Since then, the Department has apparent that the Federal Government He has done a remarkable job on the failed to set forth a single, construc- would not keep its word, prompting Rules Committee over these years, and tive proposal to meet its legal obliga- threats of potential energy crises in I look forward to working with him the tions, thereby threatening the inter- States with limited storage space. balance of this distinguished Senator’s ests of ratepayers and ultimately the For example, the depletion of storage term. The Rules Committee is often taxpayers. space in my home State of Minnesota thought of as housekeeping. Fine, call Who will be most affected by the lack will mean that one of our utilities will it housekeeping if you wish. We saw an of DOE action? Obviously, ratepayers lose its operating capacity by 2002 if example today where it occasionally is come to mind. As I have stated before, the Federal Government does not act a little more than housekeeping. But our Nation’s energy customers have al- soon. This plainly means that con- sumers in Minnesota would not only whether it is the complicated issue like ready paid almost $13 billion into the lose 30 percent of their energy re- today or caring for any employees in Nuclear Waste Fund. At the same time, sources but would also have to pay this institution of the Senate and since the DOE has not met its obliga- higher energy prices—estimated as working with the House on the overall tions to accept nuclear waste, utilities much as 17 percent more—as a result of protection of the Capitol of the United and ratepayers have paid and will con- tinue to pay for onsite storage at over Federal inaction. States, where the two bodies share Therefore, ratepayers will not get hit 70 commercial nuclear powerplants. In joint jurisdiction, Senator FORD is al- just once or twice, but potentially other words, ratepayers are being hit ways there, keeping in mind what is in three times, if a resolution is not found twice because the Department of En- the best interests of the Congress and on a national level. of the Senate and of those people who ergy has failed to meet its legal obliga- The crisis facing both our ratepayers serve the Senate. I salute my good tions to the American people. and taxpayers is simply unacceptable. In addition, the Energy Department’s friend and wish him well. The American people do not deserve ex- failure to move nuclear waste out of I suggest the absence of a quorum. cuses and inaction; they need real an- the States affects not just our Nation’s The PRESIDING OFFICER. The swers from the Clinton-Gore adminis- consumers; it compromises our tax- clerk will call the roll. tration. They need leadership on this payers as well. The assistant legislative clerk pro- issue—not a crass political debate aris- Last year, the Federal courts ruled ceeded to call the roll. ing out of Presidential politics. Mr. GRAMS. Mr. President, I ask that the DOE will be liable if it does With that in mind, I took the oppor- unanimous consent that the order for not accept commercial nuclear waste tunity to ask Secretary-designate the quorum call be rescinded. by January 31, 1998. But under current Federico Pen˜ a of his specific and defin- The PRESIDING OFFICER. Without law, no one at the DOE itself will have itive views to resolve this issue. objection, it is so ordered. to pay the damages—that bill will go Since I believe the American people Mr. GRAMS. I ask unanimous con- to the American taxpayers at an esti- deserve answers from their leaders, I sent that I be allowed to address the mated cost of 40 to 80 billion taxpayer sent a letter to Mr. Pen˜ a asking for a Senate as if in morning business for up dollars. This staggering and irrespon- detailed response outlining the specific to 12 minutes. sible potential damage liability and steps he would urge to meet the Janu- The PRESIDING OFFICER. Without the DOE’s reluctance to provide spe- ary 31, 1998, deadline. objection, it is so ordered. cific answers to resolve this situation I ask unanimous consent to have Mr. GRAMS. I thank the Chair. should be an affront to the President, printed in the RECORD at the conclu- f the Vice President, the Congress and sion of my remarks an exchange of let- more importantly, the American tax- NUCLEAR WASTE STORAGE ters. payer. The PRESIDING OFFICER. Without Mr. GRAMS. Mr. President, as the To make matters worse, DOE offi- objection, it is so ordered. Senate further deliberates on the nomi- cials under the Clinton-Gore adminis- (See exhibit 1.) nation of Federico Pena to become the tration have not only avoided specific Mr. GRAMS. After this exchange of next Secretary of Energy, I rise again responses to this fiasco, but have open- letters, I still felt troubled by Mr. to discuss an issue of paramount im- ly indicated that the States—not the Pen˜ a’s inability to provide specific an- portance to our Nation’s ratepayers Department—have the responsibility to swers about how he and the Clinton- and taxpayers: nuclear waste storage. address the problem in the absence of Gore administration intend to resolve While I have already discussed on action by the Federal Government. In our Nation’s nuclear waste storage this floor the long history of this de- other words, in the last hours, the DOE problem. bate, I believe a brief review of this is saying that it will not meet its re- Because I have not received a suffi- history is warranted. sponsibility and is tossing the ball to cient response to date, I objected to an Since 1982, energy consumers have the States and the ratepayers to han- effort to expedite full consideration of been required to pay almost $13 billion dle the DOE’s mistake. Mr. Pen˜ a’s nomination late last week. into a trust fund created to facilitate For example, in a recent hearing be- Since that time, however, I had a the disposal of our Nation’s commer- fore the Energy and Natural Resources telephone conversation with the Sec- cial nuclear waste. Committee, DOE Under Secretary retary-designate over the nuclear In return for such payments, nuclear Thomas Grumbly argued that nuclear waste issue. While I am still concerned utilities and their ratepayers were as- waste storage problems facing States with his continued lack of specific an- sured that the Department of Energy like Minnesota are not the Federal swers, I was pleased to hear Mr. Pen˜ a would begin transporting and storing Government’s responsibility. agree with me and the Federal courts nuclear waste in a centralized Federal Mr. President, I find that attitude that any resolution of this issue ulti- repository by January 31, 1998. completely arrogant, devoid of the mately involves Federal responsibility. This deadline is less than a year facts, and a threat to the viability of Contradicting what DOE Under Sec- away. Over $6 billion of the ratepayer’s long-term energy resources for the retary Grumbly stated before the En- money has been spent by the Depart- American public. In 1982, States, utili- ergy and Natural Resources Committee

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2112 CONGRESSIONAL RECORD — SENATE March 11, 1997 last month, Mr. Pen˜ a provided verbal 1997. Unfortunately, the Clinton Administra- WASHINGTON, DC, March 5, 1997. assurances of his commitment that our tion has ignored this reality by failing to be- Mr. FEDERICO PEN˜ A, nuclear waste storage situation is a come a constructive player in this process. Secretary-designate, U.S. Department of En- Although I am disappointed that Mrs. Federal problem worthy of a Federal ergy, Washington, DC. O’Leary’s comments came after her tenure DEAR MR. PEN˜ A: I received your letter, solution. But what that means is tax- as Secretary, I applaud her courage in ex- dated today, in response to my most recent payers will still be asked to pay extra pressing her views honestly and thoroughly. questions on our nation’s nuclear waste pol- for the DOE’s failure to do its job, and I strongly believe that the next DOE Sec- icy. Although I appreciate the timeliness of it creates the possibility of taxpayer li- retary must provide the committed leader- your response, I am still concerned about the ability high enough to make the public ship necessary to resolve this critical situa- absence of specific proposals from you on bailout of the savings and loan collapse tion while in office. With this in mind, I how best to resolve this important issue. want to know your specific thoughts on Mrs. In your letter, you wrote that the Clinton seem small in comparison. Administration ‘‘believes that a decision on While I am not completely satisfied O’Leary’s comments that the DOE should move forward on a temporary nuclear waste the siting of a storage facility should be with Mr. Pen˜ a’s overall incomplete re- storage site next year at Yucca Mountain if based on objective, science-based criteria sponse to this quickly approaching cri- a viability assessment is completed at the and should be informed by the viability as- sis and will vote against his nomina- permanent site. If you disagree with Mrs. sessment of Yucca Mountain, expected in tion based on his inability to provide O’Leary, I want to know what specific alter- 1998.’’ Frankly, this response states nothing specific answers, I will not object to natives you would propose to meet the fed- more than the position you have taken in moving his nomination forward for the eral government’s legal obligation to accept the past, leaving questions about whether nuclear waste by January 31, 1998. the viability study can be completed in time sake of advancing this debate. for the DOE to realistically accept waste by For this reason, I hope that as the For too long, our nation’s ratepayers and taxpayers have been held hostage to what the legal deadline on January, 31, 1998 and new DOE Secretary, Mr. Pen˜ a will play has become a political debate. They deserve what can be done to meet the deadline if the an active role in pulling the adminis- better and, more importantly, deserve an im- permanent site at Yucca Mountain is not de- tration’s head out of the sand and be- mediate solution to this issue. For that rea- termined to be viable. coming a constructive player in this son, I expect a specific, constructive re- I certainly hope you can understand my debate. sponse to my questions before the Senate concerns, given that you yourself have pub- licly admitted that following this track Specifically, it is my hope that Mr. votes to confirm your nomination. Sincerely, would make it impossible for the DOE to Pen˜ a will show the necessary leader- meet the January 31, 1998 deadline. ROD GRAMS, ship and push the administration to More importantly, you did not answer my U.S. Senator. support the common-sense solution central question regarding what specific, constructive alternatives you would propose crafted by Senate Energy Chairman MARCH 5, 1997. in order for the DOE to begin accepting FRANK MURKOWSKI, Senator LARRY Hon. ROD GRAMS, waste from states by January 31, 1998, as out- CRAIG and myself. We will mark up this U.S. Senate, lined in statute and ordered by the courts. bill in the Energy and Natural Re- Washington, DC. With that in mind, I would again request a DEAR SENATOR GRAMS: Thank you for your sources Committee tomorrow, and I be- specific response from you—prior to the Sen- letter of March 4, 1997 concerning the De- lieve the chairman will deliver a bipar- ate vote on your confirmation—to the fol- partment of Energy’s civilian nuclear waste lowing question: given that the current Ad- tisan resolution. disposal program and the comments made re- With the January 31, 1998 deadline ministration position would result in the cently by former Secretary Hazel O’Leary. I failure of the DOE to accept waste from fast approaching, the administration have not spoken with Secretary O’Leary and Congress owe the States, rate- states by January 31, 1998, what specific, con- about her remarks and, therefore, am not in structive alternatives would you propose to payers, and the taxpayers nothing less a position to comment on them. guarantee that the DOE will meet this legal, As I stated when I appeared before the than the assurance that promises made court-imposed deadline? by the Federal Government will be Committee on Energy and Natural Re- I look forward to your response. promises kept. sources, I am committed to working with the Sincerely, Committee and the Congress toward resolv- EXHIBIT 1 ROD GRAMS, ing the complex and important issue of nu- U.S. Senator. WASHINGTON, DC, March 4, 1997. clear waste storage and disposal in a timely Mr. FEDERICO PEN˜ A, and sensible manner, consistent with the MARCH 6, 1997. Secretary-designate, Department of Energy, President’s policy, which is based upon Hon. ROD GRAMS, Washington, DC. sound science and the protection of public U.S. Senate, Washington, DC. DEAR MR. PEN˜ A. As the Senate Energy and health, safety, and the environment. DEAR SENATOR GRAMS: Your letter of Natural Resources Committee further delib- I am very cognizant of the Department’s March 5, 1997 asks me to outline the specific, erates on your nomination as Secretary of contractual obligation with the utilities con- constructive steps that may be taken to the Department of Energy (DOE), I’m writ- cerning the disposal of commercial spent guarantee the Department of Energy will ing to solicit your views on recent comments fuel, and, after confirmation, I also expect to meet its contractual commitments to begin made concerning our nation’s failed commer- meet with representatives of the nuclear in- taking nuclear waste discharged from civil- cial nuclear waste disposal program. dustry and other stakeholders to discuss the ian nuclear reactors on January 31, 1998. As you know, the DOE has announced that Department’s response to the recent court Let me say again that I am committed to it will be unable to meet its legal deadline of decision and the consequences of the delay in carrying out a responsible strategy for dis- January 31, 1998 to begin accepting commer- meeting that contractual obligation. posing of nuclear waste. I will work with you cial nuclear waste despite a mandate by a As Chief of Staff Erskine Bowles empha- and your colleagues toward that end, con- federal court and the collection of over $12 sized in his February 27 letter to Chairman sistent with sound science and the protec- billion in ratepayer’s funds. As a result of Murkowski, the Administration believes tion of public health, safety, and the envi- this failure, the Court of Appeals will decide that the Federal government’s long-standing ronment. I cannot, however, outline for you the appropriate amount of liability owed by commitment to permanent, geologic disposal specific steps for meeting the January 31, the DOE to certain utilities, possibly putting should remain the basic goal of high-level ra- 1998 date. The Department of Energy has in- taxpayers at risk because of the Depart- dioactive waste policy. Accordingly, the Ad- dicated to the court and in responses to the ment’s lack of measurable action. Mean- ministration believes that a decision on the Congress that there is no set of actions or while, the federal government continues to siting of an interim storage facility should activities that could be taken under the Nu- collect and transport foreign-generated be based on objective, science-based criteria clear Waste Policy Act to enable the Depart- spent fuel for interim storage without any and should be informed by the viability as- ment to begin receiving spent fuel at an in- apparent technical or environmental risks. sessment of Yucca Mountain, expected in terim storage facility or a repository on that In light of these activities, it was no sur- 1998. Therefore, as the President has stated, date. The Senate Energy and Natural Re- prise that former DOE Secretary Hazel he would veto any legislation that would sources Committee has itself recognized that O’Leary recently contradicted the Clinton designate an interim storage facility at a compliance with the January 31, 1998 date is Administration’s longstanding objection to specific site before the viability of the Yucca not possible under the law or even under the resolving the centralized interim-storage im- Mountain site has been determined. Committee’s bill reported in the last Con- passe for our ratepayers and, ultimately, our In conclusion, I want to strongly empha- gress. taxpayers. Her comments on the need to size again that I am committed to working In recognition of this state of affairs, I move forward with a temporary waste stor- with you and other members of the Com- have indicated that following confirmation I age site upon completion of the viability as- mittee and the Congress on these difficult intend to meet with representatives of the sessment at Yucca Mountain reflect the bi- issues. nuclear utility industry and other stake- partisan, common-sense reforms contained Sincerely, holders to address the consequences of delay in S. 104, the Nuclear Waste Policy Act of FEDERICO PEN˜ A. in

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2113 DOE’s meeting its contractual obligations AUTHORIZING EXPENDITURES BY and, hopefully, resolve many problems and the Department’s response to the recent THE COMMITTEE ON GOVERN- relating to campaign reform and cam- court action. MENTAL AFFAIRS paign finance and otherwise. I cer- Again, I wish to emphasize my pledge to tainly will say to my distinguished col- The Senate continued with the con- work with the Congress in addressing this league, and I see on the floor the dis- sideration of the resolution. matter, consistent with the President’s pol- tinguished chairman of the Govern- icy. AMENDMENT NO. 23 mental Affairs Committee, with whom Sincerely, Mr. WARNER. Mr. President, I see I have had a dialog just about every FEDERICO PEN˜ A. my distinguished colleague [Mr. day, their main focus will be on the Mr. GRAMS. Mr. President, I yield GLENN], is in the Chamber. So, at this question of allegations of illegality and the floor and I suggest the absence of a time, on behalf of both leaders, I ask the presence, or lack thereof, of ille- quorum. unanimous consent that there be 5 gality in the generic subject of cam- The PRESIDING OFFICER. The minutes for debate equally divided on paign finance and campaign reform. clerk will call the roll. amendment No. 23; following the de- Mr. President, unless the distin- The assistant legislative clerk pro- bate, the Senate proceed to vote on guished Senator from Ohio has further ceeded to call the roll. amendment No. 23 without any inter- remarks, I yield back the time and we can proceed with the vote. Mrs. HUTCHISON. Mr. President, I vening action or debate. Mr. GLENN. Mr. President, I don’t ask unanimous consent that the order The PRESIDING OFFICER. Is there want to get into another debate before for the quorum call be rescinded. objection? Without objection, it is so ordered. we even get around to this vote, but I The PRESIDING OFFICER. Without think the focus on where the wrong- objection, it is so ordered. Mr. GLENN addressed the Chair. The PRESIDING OFFICER. The Sen- doing is can be either on illegalities or on improprieties with the change that ator from Ohio. f has been proposed by the leaders. I Mr. GLENN. Mr. President, I do not would not want to let it be said right object to this proposal for 5 minutes now or let it be indicated that the THE NOMINATION OF FEDERICO for debate equally divided on the main focus—what the main focus will PEN˜ A amendment, and following debate, we be, I think, is up to the committee Mrs. HUTCHISON. Mr. President, I proceed to vote. There has been a lot of chairman and the ranking minority am going to speak until the beginning negotiating going on here, as has been member to work out. I think we have of the vote. As soon as that is called obvious to everyone. I think we have language in here that will do that. It and they are ready, I would ask to be some satisfactory procedures worked might be inappropriate at sometime to interrupted. But I want to speak brief- out that will be generally far more ac- take up an illegality if it was looked at ly on the nomination of Federico Pen˜ a ceptable than what we had prior to as fairly minor, or a giant impropriety for Secretary of Energy. This is a very that. I look forward to the vote. I over that, in our judgment, needed to important position, and one that I think that most people on both sides be looked at first. I would not agree at think will certainly have an impact on will probably be happy to vote for this this point that this vote we are about the energy policy of our country in the because this is a way we get to a final to take specifies exactly which direc- future. Knowing how important having solution out of the disagreements we tion we would go. I hope that my col- a healthy energy policy and a strong have had here. I look forward to the league will agree with that. industry that can produce our own en- vote. Mr. WARNER. Mr. President, at this ergy domestically is to this country, I Mr. WARNER addressed the Chair. time, I think all time has expired, has think this nomination and the support The PRESIDING OFFICER. The Sen- it not? for Federico Pen˜ a is important to all of ator from Virginia. The PRESIDING OFFICER. The Sen- the Senate. Mr. WARNER. Mr. President, I con- ator has 30 seconds remaining. The gratulate my distinguished colleague, Senator from Ohio also has 30 seconds I am cochair, along with Senator remaining. BREAUX, of the oil and gas caucus. We because I doubt that we would be where we are right now had we not had the Mr. GLENN. I yield such time as I are going to work this year to make have to the Senator from Michigan. sure that we eliminate redundant and debate yesterday and the debate this morning. I think the Senator from Mr. LEVIN. Mr. President, I wonder unnecessary regulations on the energy if we can ask directly, the Senator, industry so we will be able to go out Ohio would concur in that. Mr. GLENN. I would, indeed. with this amendment, is not estab- and drill in our country for our natural lishing any priorities between ille- Mr. WARNER. Therefore, Mr. Presi- resources. We want tax incentives gality and impropriety; is that correct? dent, I express my appreciation to the which encourage oil and gas drilling, Either one would be within the scope, especially marginal wells and forma- distinguished Republican leader, the is that accurate? tions which are difficult to develop. Republican whip and others who Mr. WARNER. Very clearly we have These are important because we want worked on this resolution. The amend- drafted the language so that the word to have energy sufficiency in our coun- ment, which was reported out from the ‘‘improper’’ is added to the underlying try. Not only does it create jobs, but it Rules Committee, will be amended by resolution of the Rules Committee in creates security. the distinguished majority leader, and two places. A country that is dependent on for- I will be a cosponsor, whereby we add Mr. LEVIN. And it is not given any eign oil and gas is not going to be a the word ‘‘improper.’’ That reflects on lesser strength than the word ‘‘ille- strong country. It is not going to be a the original document that I drew gality,’’ is that correct? superpower. So, having a healthy en- from, namely the Watergate amend- Mr. WARNER. I say to the Senator, ergy policy in our country will be most ment which we referred to several we simply added one word. It speaks important for us to be able to strength- times on the floor. That contained that for itself. en the ability to get oil and gas on our particular word, and it has been Mr. LEVIN. Except that our good own shores. throughout the various expressions by friend from Virginia suggested there the Governmental Affairs Committee I see, Mr. President, that our leaders might be a greater emphasis on one as to their desire. But that does not in are ready to start a vote. I will stop than the other. Is there anything in any way infringe on the continuing and then hope to be able to speak on this—— role of the Rules Committee or the behalf of Secretary Pen˜ a’s nomination Mr. WARNER. If I did, I did not wish continuing role of the Ethics Com- at a later time. to infer that. I thank my colleague. mittee. The PRESIDING OFFICER. All time I yield the floor. Again, there is a clear division under having expired, the question is on Mr. WARNER addressed the Chair. the underlying resolution from the agreeing to amendment No. 23, offered The PRESIDING OFFICER. The Sen- Rules Committee that these three com- by the Senators from Mississippi, Ten- ator from Virginia. mittees will work together as a team nessee, and Virginia.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2114 CONGRESSIONAL RECORD — SENATE March 11, 1997 Mr. WARNER. I ask for the yeas and of Senate Resolution 39, the funding illegal, but just as clearly were im- nays. resolution for the Governmental Af- proper and so threatened to undermine The PRESIDING OFFICER. Is there a fairs Committee investigation into the integrity of our political system, sufficient second? campaign finance. I had planned to we declared, then we must be able to There appears to be a sufficient sec- offer this afternoon an amendment vir- investigate those too, so that we could ond. tually identical to what the Senate has decide what behavior is now legal that The yeas and nays were ordered. now adopted. This amendment address- we want to make illegal. That is what The PRESIDING OFFICER. The es what most deeply troubled me about we mean by campaign finance reform. clerk will call the roll. that resolution: the restriction in the On January 30, 1997, I joined all of my Mr. SPECTER. Before the roll is version that came to the Senate floor colleagues on the Governmental Affairs called—I withdraw my request, Mr. of the scope of the investigation that Committee—Republicans and Demo- President. previously every member of the Gov- crats alike—in voting to authorize an The PRESIDING OFFICER. The ernmental Affairs Committee unani- investigation that would do all of those clerk will call the roll on amendment mously agreed to. Each and every things. No. 23. member of our committee—Republican Unfortunately, some disagreed with The assistant legislative clerk called and Democrat alike—had voted to au- the Governmental Affairs Committee’s the roll. thorize an investigation into both ille- desire to expose all improprieties in Mr. DODD (when his name was gal and improper campaign finance ac- our campaign finance system, not just called). Present. tivities. Unfortunately, before our acts that are illegal. In what I have The result was announced—yeas 99, funding resolution got to the floor it been told is an unprecedented action, nays 0, as follows: had been modified in the rules com- there was an effort to deny the Govern- [Rollcall Vote No. 28 Leg.] mittee to preclude the Governmental mental Affairs Committee this juris- YEAS—99 Affairs Committee from exercising au- diction. thority to look into ‘‘improper’’ activi- Accepting that vote and limiting the Abraham Feinstein Mack Akaka Ford McCain ties, arguing that it was enough for us scope of the Governmental Affairs Allard Frist McConnell to look into only ‘‘illegal’’ activities. Committee’s investigation to merely Ashcroft Glenn Mikulski Mr. President, I applaud the bipar- ‘‘illegal’’ activities would have limited Baucus Gorton Moseley-Braun tisan decision to reverse that decision us in investigating what most people Bennett Graham Moynihan and to return the term ‘‘improper’’ to agree is wrong with the system; it Biden Gramm Murkowski Bingaman Grams Murray the scope of the Governmental Affairs would have damaged our ability to ob- Bond Grassley Nickles Committee’s investigation. Without tain evidence and subpoena witnesses; Boxer Gregg Reed Breaux Hagel the return of that authority, I was con- and it ultimately may have led to a Brownback Harkin Reid cerned that our committee’s hopes of partisan breakdown on the Govern- Bryan Hatch Robb conducting a thorough and bipartisan Roberts mental Affairs Committee over the Bumpers Helms investigation would have been dashed. meaning of the term ‘‘illegal.’’ The net Burns Hollings Rockefeller Byrd Hutchinson Roth We would have been forced to conduct effect clearly would have been to make Campbell Hutchison Santorum an investigation that I feared would it less likely for Congress to adopt Chafee Inhofe Sarbanes have failed to expose the ills of our campaign finance reform this session. Cleland Inouye Sessions campaign finance system and would Let me give just a couple of examples Coats Jeffords Shelby Cochran Johnson Smith, Bob have further undermined the public’s of how this restricted scope would have Collins Kempthorne Smith, confidence in the working of our polit- caused problems for the Governmental Conrad Kennedy Gordon H. ical institutions. Affairs Committee investigation. Most Coverdell Kerrey Snowe Craig Kerry The continuing revelations about the people seem to agree that our com- Specter state of our campaign finance system D’Amato Kohl Stevens mittee should look into the influence Daschle Kyl Thomas may not only shake the American peo- of so-called foreign money. Those sup- DeWine Landrieu Thompson ple’s confidence in the integrity of our Domenici Lautenberg porting the limitation of our investiga- Thurmond Dorgan Leahy political system, but our own con- tory scope to illegal activities argue Durbin Levin Torricelli fidence and self-respect. It is therefore that that limitation has no impact on Warner Enzi Lieberman our obligation in Congress to conduct a our ability to investigate foreign Faircloth Lott Wellstone Feingold Lugar Wyden thorough investigation into the cause money. And, it is true that we have a and scope of those problems, into the statute, section 441e of title 2 of the ANSWERED ‘‘PRESENT’’—1 extent of any illegal and improper ac- United States Code that makes it—and Dodd tivities that occurred, and then, on the I quote—‘‘unlawful for a foreign na- The amendment (No. 23) was agreed basis of those inquiries, to decide what tional * * * to make any contribution to. action Congress must take to prevent * * * in connection with an election to Mr. GLENN. Mr. President, I move to these things from ever happening again any political office * * * or for any per- reconsider the vote. and what activities should be illegal. son to solicit, accept, or receive any Mr. LOTT. Mr. President, I move to For that reason, and like each and such contribution from a foreign na- lay that motion on the table. every one of my colleagues on the Gov- tional.’’ This provision has been cited The motion to lay on the table was ernmental Affairs Committee—Repub- for the proposition that any and all agreed to. lican and Democrat alike—I voted to contributions by non-U.S. citizens or AMENDMENT NO. 23, AS MODIFIED conduct a broad-based inquiry into the greencard holders to political parties is Mr. LOTT. Mr. President, I ask unan- problems that have plagued our cam- a criminal offense. imous consent that the amendment No. paign finance system. In a unified and But as is often true with the law, not 23 just agreed to be modified so that strong voice, our Committee declared everything is as it seems. Instead, the word ‘‘and’’ is replaced with the an intention to explore and expose all under the election law’s own definition word ‘‘or’’ each time it appears. improper activities taken during re- of the term ‘‘contribution’’ and the Su- The PRESIDING OFFICER. Without cent Federal campaigns. If there were preme Court’s previous interpretations objection, it is so ordered. illegal activities taken by anyone, we of election law terms similar to ‘‘in The amendment (No. 23), as modified, declared—whether they be in the White connection with an election,’’—provi- is as follows: House, in the national parties or in the sions, I might add, that those seeking On page 10, line 19 after the word ‘‘illegal’’ Congress—we planned to investigate to limit our investigation seem not to add ‘‘or improper’’. them. If there were activities taken want to change—under those laws it is On page 10, line 23 after the word ‘‘illegal’’ that some would call illegal, but be- highly likely that the Court would find add ‘‘or improper’’. cause of a technicality in the law, may that section 441e does not criminalize Mr. LIEBERMAN. Mr. President, I not be—still, we declared, we want to so-called soft money contributions to rise today to support the Senate’s wise investigate them. And, if there were national parties by foreigners. Let me decision to amend the scope provision activities taken that clearly were not say that again: soft money donations

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2115 from non-U.S. citizens likely are not ceive any contribution within the the partisan rift we have thus far been ‘‘illegal.’’ That is because under the meaning of section 301(8) of the Federal seeing on the committee would grow way our campaign laws now are draft- Election Campaign Act of 1971 in any wider rather than undergo the seri- ed, soft money contributions are, by room or building occupied in the dis- ously needed repair we began making definition, not made in connection charge of official duties * * *.’’ But, as today. But the worst of it could have with an election, and only contribu- Attorney General Reno declared the been the harm our institution will suf- tions made in connection with an elec- other day, and for reasons similar to fer in the minds of the public. Had we tion are illegal. Instead, ‘‘soft money’’ the ones I just cited, that provision not expanded the scope of this inves- contributions go to fund party building does not make it unlawful to receive tigation, the U.S. Senate would have and grassroots activities, as well as to all contributions in the White House. gone on record, in full public view, op- help pursue issues advocacy, and appar- Instead, it only applies to what the posing the investigation of unethical ently no statute says that foreign campaign laws define as a contribu- and improper campaign activities of money cannot go to that. In fact, it is tion—what we usually call ‘‘hard Members of Congress. If that would not a similar statutory term that allows money.’’ have been perceived as a stonewall and corporations and unions to give mil- This, of course, does not mean that it a coverup, I don’t know what would be. is proper for anyone to solicit or re- lions of dollars to the national parties, Finally, let me say just a few words ceive any contributions in the White despite the fact that our Federal elec- about one other issue: That the Rules tion laws make it illegal for those enti- House. And, even more importantly, it Committee could have separately in- ties to make contributions in connec- clearly does not mean that foreigners vestigated the improprieties I wish to tion with elections for Federal office. should be able to contribute to the In short, under a strict reading of the DNC or the RNC—I think that neither see exposed by our committee. With all statute, if foreign money goes for is proper and that we need to fully in- due respect to the members of the issues advocacy or for grassroots activ- vestigate whether our elections were in Rules Committee, for whom I have tre- ity or for practically anything else but any way wrongly influenced by people mendous respect, that simply is not a to fund a particular candidate’s direct who have no business being involved in viable—or a rational—option. As the campaign, it is likely not illegal, and our political system. What it does, of examples I gave above demonstrate, al- therefore the Governmental Affairs course, mean is that we need to reflect though some of what is now under scru- Committee, absent this amendment, upon the fact that our laws don’t make tiny may be illegal, most of it probably would not have been able to investigate these things illegal and to change our is just improper. The task of inves- it. laws to make sure it doesn’t happen tigating the massive universe of im- Now I know that some will say that again. proper activities is therefore an enor- I am splitting legal hairs, and I would Now, none of this matters so long as mous one, as is deciding what should be agree with you. It is splitting legal the Governmental Affairs Committee illegal. In light of the facts that many hairs. But, as a former State Attorney can investigate both illegal and im- of the same people will have com- General, I can tell you that the split- proper activities, because I can tell you mitted both improper and illegal ac- ting of legal hairs is precisely what for sure that foreign contributions—re- tivities and that much of the conduct often goes into making a determina- gardless of their legality—are improper under investigation arguably would fall tion of what is legal and what is ille- and should be investigated and ex- into both categories, it just would not gal. For as long as our Bill of Rights posed. But had we not amended the have made sense for the Rules Com- has been in place, the enforcement of Rules Committee’s scope provision, we mittee to conduct an investigation our laws—and particularly of our likely would not have been able to in- that will, in many ways, duplicate criminal laws—has not rested on what vestigate these things because they are what our committee will be doing. In we think a criminal statute should not illegal. have said or what we wish it did say. The problems with limiting our com- fact, it was this precise insight—that it Instead, it rests with what Congress ac- mittee’s scope to just illegal activities did not make sense from a resource al- tually did say, regardless of whether would not have ended with being forced location standpoint to spend taxpayer you or I in hindsight wish we had said to exclude critical issues from our in- funds on duplicative investigations— something different. And the reason for vestigation. No—there were many more that led the majority at the beginning this is a very good one. Our Constitu- problems with this definition of our of this Congress to wisely decide to tion requires that everyone of us have scope. For one, it would have seriously consolidate all investigations in the clear notice of what is and is not legal, jeopardized our committee’s ability to Governmental Affairs Committee. and consequently requires us in Con- obtain evidence and get witnesses to Mr. President, let me just close with gress to say in precise and clear terms testify, and it therefore would have a few thoughts on what the goal of this what is criminal and what is not. threatened the very ability of our com- investigation should be. We’re about to Whenever there is any doubt about mittee to proceed with its investiga- enter a long, dark tunnel, and the ques- whether a statute makes conduct tion. After all, our committee has au- tion of whether that tunnel has a dead criminal or not, the Supreme Court has thority to subpoena only those docu- end, or there is light at the other end, told us on innumerable occasions, the ments that are related to the legiti- hinges entirely on whether we get seri- law requires a finding against crimi- mate scope of its inquiry. If the scope ous about this campaign finance inves- nality. And I can say with confidence of our committee’s investigation were tigation and about campaign finance that that is precisely the finding our limited to illegal activities alone, then reform. The public didn’t send us here courts would make if asked whether I would suggest that any attorney rep- to bicker; that’s essentially what foreign contributions for issues advo- resenting a client whose documents cacy and grassroots activities violate have been subpoenaed would have re- President’s Bush and Clinton had to our laws. So again, we would not have sponded by saying ‘‘my client did noth- say in their inaugural addresses. They been able to investigate a critically ing illegal and therefore you have no also didn’t send us here to dicker end- important issue. rights to these documents.’’ Our inves- lessly, especially on matters of impor- Let me give you another example of tigation would have been stopped dead tance to them like investigating and what would not have been within our in its tracks right there. straightening out our campaign fi- investigation’s scope had we not ex- In sum, it would have been wrong on nance laws. I hope that the showing of panded it to cover improper as well as every level to limit our investigation bipartisanship we made today in agree- illegal activities. There has been a lot to just illegal activities. It would have ing to return a broader scope to the of criticism about soliciting or receiv- prevented us from investigating things Governmental Affairs Committee’s in- ing contributions in the White House. that should be investigated, it would vestigation can continue through the Some have claimed that there was a have led us to prolonged battles with rest of our investigation and, I hope violation of the criminal law based on witnesses who otherwise would be just as strongly, can bring us together a statute that says that ‘‘it shall be un- obliged to come forward and cooperate to enact the reforms that our campaign lawful for any person to solicit or re- and it would have made it likely that finance system so sorely needs.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2116 CONGRESSIONAL RECORD — SENATE March 11, 1997 RECESS The PRESIDING OFFICER. Without Mr. LOTT. Let me add, Mr. Presi- Mr. LOTT. Mr. President, I ask unan- objection, it is so ordered. dent, I had intended to offer an amend- imous consent that the Senate now f ment this afternoon to the resolution calling for the appointment of an inde- stand in recess until 4:45 p.m. today. AUTHORIZING EXPENDITURES BY pendent counsel. However, I had agreed There being no objection, the Senate, THE COMMITTEE ON GOVERN- earlier with the Democratic leader to at 4:18 p.m., until 4:44 p.m.; whereupon, MENTAL AFFAIRS the Senate reassembled when called to withhold that until at least this Thurs- The Senate continued with consider- day to allow the Judiciary Committee order by the Presiding Officer (Mr. ation of the resolution. THOMAS). to discuss the issue of appointment of Mr. WARNER. Mr. President, I sug- independent counsel and see if there is The PRESIDING OFFICER. The as- gest the absence of a quorum. sistant majority leader is recognized. some way that a bipartisan agreement The PRESIDING OFFICER. The could be reached there, also. f clerk will call the roll. In view of that commitment that I The bill clerk proceeded to call the believe we basically entered into a RECESS roll. Mr. NICKLES. Mr. President, I ask Mr. LOTT. Mr. President, I ask unan- week ago, I felt it was important that unanimous consent the Senate stand in imous consent that the order for the I keep that commitment, and therefore recess until the hour of 5 o’clock. quorum call be rescinded. we will withhold action until we see There being no objection, at 4:45 The PRESIDING OFFICER. Without what comes out of the Judiciary Com- p.m., the Senate recessed until 5 p.m.; objection, it is so ordered. mittee on the independent counsel whereupon, the Senate reassembled Mr. LOTT. Mr. President, at the be- issue. Mr. DASCHLE. If I could, Mr. Presi- when called to order by the Presiding ginning, I thank all concerned for the dent, indicate that we had intended to Officer (Mr. ENZI). efforts that have been put into coming offer an amendment dealing with a Mr. CRAIG addressed the Chair. to this agreement, especially the date certain for taking up campaign fi- The PRESIDING OFFICER. The Democratic leader. There has been a nance reform, and obviously because Chair recognizes the Senator from lot of discussion involving Senators on we have made so much progress on this Idaho. both sides of the aisle and all the dif- issue and because the majority leader Mr. CRAIG. I suggest the absence of ferent committees involved. I think has indicated his desire to work with a quorum. this is the right thing to do and we can us on the issue of an independent coun- The PRESIDING OFFICER. The move on, then, with the proper inves- sel, as well, we will defer that until an- clerk will call the roll. tigation, in a bipartisan way. other time and another circumstance. The bill clerk proceeded to call the UNANIMOUS-CONSENT AGREEMENT We are not intending at this point to roll. Mr. LOTT. Mr. President, I ask unan- offer legislation which would direct the Mr. LOTT. Mr. President, I ask unan- imous consent that the Glenn amend- Senate in that regard. imous consent that the order for the ment No. 21 be withdrawn, and the I appreciate, again, the cooperation quorum call be rescinded. committee substitute, as amended, be and consensus that we have been able The PRESIDING OFFICER. Without agreed to. to work out on both sides on both these objection, it is so ordered. The PRESIDING OFFICER. Without objection, it is so ordered. matters. f The amendment (No. 21) was with- I yield the floor. VISIT TO THE SENATE BY THE drawn. The PRESIDING OFFICER. Who PRESIDENT OF THE ARAB RE- The committee substitute, as amend- yields time? PUBLIC OF EGYPT ed, was agreed to. Mr. THOMPSON. Mr. President, I Mr. LOTT. I further ask unanimous yield myself 15 minutes. Mr. LOTT. Mr. President, I ask unan- consent that there be 1 hour equally di- The PRESIDING OFFICER. The Sen- imous consent that the Senate now go vided between the two leaders or their ator is recognized for 15 minutes. into recess for 5 minutes for the pur- designees, with an additional 10 min- Mr. THOMPSON. Mr. President, I pose of receiving the President of utes under the control of Senator SPEC- think that we have made substantial Egypt, President Mubarak. TER—I want to emphasize that I pre- progress. In fact, I think remarkable [Applause.] sume that time will be 30 minutes on progress. I cannot express the extent of f our side, under the control of Senator my delight in the cooperation we have seen here in the last few hours in the RECESS THOMPSON, and 30 minutes on the other side, under the control of Senator U.S. Senate. There being no objection, at 5:07 GLENN—and following the conclusion The minority leader is absolutely p.m., the Senate recessed until 5:12 or yielding back of the time, the Sen- correct in that we have tended to get p.m.; whereupon, the Senate reassem- ate proceed to vote on adoption of Sen- off track and we have done a little too bled when called to order by the Pre- ate Resolution 39, as amended, without much disagreeing and not enough com- siding Officer (Mr. ENZI). further action or debate, and that the ing together. What we have done now f vote occur at 6:30 p.m. this evening. is, really, I think for the first time, fo- Mr. DASCHLE. Reserving the right cused on some of these issues. I think UNANIMOUS-CONSENT AGREE- to object, let me just use this oppor- that many of our Members have not MENT—NOMINATION OF tunity to thank the majority leader had the opportunity to really focus on FEDERICO PEN˜ A and all of his senior leadership on the the legal and procedural issues and Mr. LOTT. Mr. President, I ask unan- committees, as well as the leadership what some of these things will mean to imous consent that at 9:30 on Wednes- on our side, Senator GLENN, Senator us as we go down the road in trying to day, March 12, the Senate proceed to LEVIN, and certainly Senator FORD, and conduct an investigation. I think Mem- executive session to consider the nomi- all of those responsible for bringing us bers on both sides, when you come nation of Federico Pen˜ a to be Sec- to this point. This has not been easy. right down to it, and they stop and retary of Energy, and it be considered This has been a matter that has di- think about it and focus on these under the following agreement: The vided us for too long a period of time. issues, really have a whole lot more in first 30 minutes under the control of For us now to be able to come to- agreement than in disagreement. Senator GRAMS; 10 minutes equally di- gether on this matter, I think, is a I think we all want to see this inves- vided, then, between the chairman and good omen. I am very appreciative of tigation done in a fair manner, in a the ranking member of the committee; the contribution made by so many col- thorough manner, and as expeditiously and that following the conclusion or leagues on both sides of the aisle, and as possible. That is what we tried to yielding back of that time, the Senate I hope that with unanimity we can sup- set out in January when I took the proceed to vote on the confirmation port this request this afternoon. floor and tried to set out what I without any intervening action or de- The PRESIDING OFFICER. Without thought should be the scope of the in- bate. objection, it is so ordered. vestigation and where I thought we

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2117 were going and how we were going to that might lead to illegalities, or any good-faith disagreement on, mat- do it. We have not always, every day, might lead to evidence of impropri- ters that are clearly illegal, matters of been able to adhere to that. eties, or what is the threshold. Is there that category would certainly have to Today, I think that we really are a credible report, or is there credible be at the top of the list, not only be- back on track again. I want to com- evidence that there might be illegal- cause of obvious reasons, but because pliment the majority leader. There ities? Or are they illegalities or impro- of very practical reasons, and that is have been strong feelings on all sides of prieties? Those are things that people, that people in a clearly criminal cat- these issues, a lot of misunder- in good faith, can have different views egory tend to be the ones who leave the standings, and a lack of focus in terms of. I am convinced that we, as a com- country, the ones who make deter- of really what was involved and at mittee, as we consider these matters, minations to take the fifth amend- stake here. He has brought us all to- will come to the right conclusion. ment, the ones to get together with gether, I think, and required us to do Whether it is merely illegalities, as the other people in that category and reach that, along with the minority leader. jurisdiction was before this com- agreements of silence, and things of The two of them working together, promise, or whether its illegalities and that nature. They tend to be the ones with Senator GLENN and others, has re- improprieties, as it is now, we are in to destroy documents that might in- sulted in something that I think is the same position that we were in and criminate them. We have had some evi- very, very good today. Senator INOUYE was in during the Wa- dence of that. It has been in the public The Governmental Affairs Com- tergate investigation. Determinations domain. So by their very nature they mittee, on the scope issue, came with had to be made at that time as to what have to be ranked pretty high. what we felt was a good, broad scope of was allegedly illegal or improper. So So we will have to constantly things we should look at. The Rules we are really in no different position, prioritize. That does not mean we have Committee came back with what many in terms of that, than we have been in to wait months and months to get into felt was too narrow a scope. And now in times past. It will not always be some matters that do not fit into that we are somewhere in the middle of pleasant for the members of the com- category I have just mentioned. It just that, with the ability to look at not mittee to have to make these deter- means we operate in good faith, with only illegal activities, but improper ac- minations. But that is a part of our common sense, prioritize, keep our tivities. That is where we ought to be, job, and we can do that job. eyes on the ball, make sure that we as there is no question about that. It’s not I think now, with this broader scope, Republicans are mindful that proce- that we gain so much by having it in it makes it more clear in some areas dural safeguards have to be instituted. our mandate, it is what we lose if we that things can be appropriately It is important not only that we be don’t have it in our mandate. We could looked at and looked into, which per- fair, but that we perceive to be fair, as not be in a position of not looking at haps were murky before we reached we proceed. improper activities, and Members on this agreement. I do not think that it It’s important that the Democrats both sides came to that conclusion is wise for me or anyone else to pre- understand that we in the majority al- once they focused in on it. judge an individual, or an activity, or ways have the responsibility of car- We have had a good debate. I watched anything of that nature before you rying the ball forward and pushing it most of the debate yesterday that we know what the facts are. But I think forward and getting into these serious had. Members were heard on both sides. it’s fair to say that some of these ac- matters that affect all of us as citizens, Many of the Republican Members tivities that we have heard about are whether we are Democrats or Repub- pointed out the serious accusations and more clear now in terms of whether or licans. There is no reason we can’t do reports that are out there—some of the not we have the jurisdiction to look at that, Mr. President. most grievous things that this country them. Some of them are still not clear. I think this is an opportunity here to has seen, if they prove to be true, hav- We will just have to sit down again, start a new day. I know that in the lit- ing to do with foreign influence in our in good faith, and work out with each tle battles we have had back and forth country and what they were trying to other what activities merit our atten- here on these issues, some procedural obtain with regard to foreign contribu- tion, what activities merit our inves- issues and subpoenas, and so forth, that tions and things of that nature. Of tigation. I should say that not every- if I had decisions to make over again, I course, they were right in that. Other one who receives a subpoena, for exam- would make them in a different way Members, from the Democratic side, ple, or not everyone who is asked to ap- than I have in times past. I have tried pointed out the fact that we needed to pear as a witness is being accused of an to adhere to what I said from the first make sure that our scope was not so illegality or an impropriety. Some- day, and that is to walk that tightrope narrow as to look like we were either times people have evidence of illegal- between toughness and thoroughness trying to protect ourselves or trying to ities or improprieties, or information on the one hand, and fairness and bi- keep from looking at things that might that could be helpful, and they them- partisanship on the other. That is not prove embarrassing to one side or an- selves have no problems at all. So that always an easy tightrope to walk. I other. They were correct, also. What issue has been raised in some form, and haven’t always walked it as well as I today represents is a coming together I think we need to put people’s minds would liked to have walked it, but I am of both of those approaches that we at ease about that. committed to starting forward from saw in the debate yesterday. I think it is also clear that—as I have today and making sure that we get The scope we have now of looking at said many times before—we will have back on track. illegal and improper activities is in the to set priorities. I do not think we The Watergate committee was men- tradition of the Governmental Affairs ought to say that anything in terms of tioned several times in the last couple Committee. As Senator GLENN pointed illegal or improper is off the table. It is days, and I was just thinking about the out yesterday, this is the McClellan all there for us to look at. You can fact that the Watergate committee, I committee, the Kefauver committee, have what some people might refer to believe, was created by a vote of this the Truman committee; this is the pri- as a minor illegality or technicality on body 99 to nothing, the creation of the mary investigative committee of this a very serious impropriety, and you committee. I do not believe, in its en- body. So, therefore, it’s certainly now would have to take that into consider- tire existence, and it was about a year more in the traditional range of what ation. But I think it is fair to say that and a half—I am not sure what the offi- the jurisdiction and scope of Govern- we should look at the more serious cial time was, but it took about a year mental Affairs’ activity has been in matters first. and a half for the report to be filed— times past. Does it mean that we have What are the more serious matters? that there was ever any battle over ju- solved all of our problems? Certainly We will have to make those determina- risdiction; there was never any par- not. tions. In my own estimation, certainly tisan fight over money; there was We are going to have to be judges. matters that have to do with national never any fight over scope; and there The committee is going to have to security, matters that have to do with was never any fight over duration be- make determinations right along as to the security of this country, clearly il- cause they worked together through what is illegal or improper allegations legal matters that we would not have those tough problems.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2118 CONGRESSIONAL RECORD — SENATE March 11, 1997 There is no reason why we cannot do then perhaps direct to the Senator represent one of the most difficult that either. There is no reason why we from Tennessee as well. issues. cannot do the same thing either, be- Mr. GLENN. Go ahead and address Mr. THOMPSON. It does. It has al- cause at the end of the day, if we have your questions. Five minutes? ready proven to be a delicate situation. conducted ourselves well, gone through Mr. DORGAN. That would be suffi- We got off on a bit of a wrong foot with these tough times, had our disagree- cient. regard to subpoenas. I take my share of ments—and we will have our disagree- Mr. GLENN. Fine. blame for that. I do not think Senator Mr. DORGAN. Mr. President, my ments, but if we have done it in a fair GLENN was fully aware of all of the question was on the procedure with re- way and everybody has tried to do work that went into preparing our first spect to subpoenas. I listened to the their best and is willing to go forward subpoena list. But on the other hand, I Senator from Tennessee—I have great with an investigation that a lot of peo- did nothing personally to make him respect for the Senator from Tennessee ple are not going to like, at the end of aware of that. I was depending on a lot —and the discussions on the work of the day these procedural matters and of staff work. But what happened was this committee dealing with very seri- these fights that we have, skirmishes that we came forth with several sub- ous questions and sensitive issues. I that we have had are not going to poenas that some people categorized as trust that that work will be carried out mean very much. Where we come out Republican subpoenas on Democrats in a way that will make the American on these things that we are resolving and only a couple of Democrat sub- people confident and proud that Con- today is not going to mean very much poenas on Republicans. if we do the right thing and have a gress did its job. On the question of subpoenas, the I did not look at it that way. They good investigation, a good set of hear- were subpoenas which basically ulti- ings promptly and make a report back question that I was wanting to ask was about procedure. The select committee mately Senator GLENN, I do not think, to the American people as to what we really had any problem with. I thought found. on the Watergate issue, for example, had a procedure which seems to me to they were more or less basic documents So, again, I want to commend the that we could get into business with. majority leader especially and also the make a lot of sense. And the procedure But it is a delicate matter. It is a minority leader, Senator GLENN, and was, if the chairman or the vice chair- others who have worked this scope man of a committee were proposing a very powerful tool and can be a power- problem out. I think we can go forward subpoena, for example, a vice chairman ful weapon in the wrong hands. I appre- now. That has been my primary con- of that committee, the procedure was if ciate that. We need to make sure that cern here for the last several days. that vice chairman proposed a sub- we work a little closer together as we There were some times there when I poena that the chair might have ob- prepare these subpoena lists because wondered if it was going to go forward. jected to, the vice chair had a right to there is nothing—if you want to divide But I believe that our better selves go to the committee to get a vote of up into sides—there is nothing that one were shown today, and we refocused on the committee on that subpoena ques- side cannot do to the other side. You this matter. And hopefully now we are tion. might not have the ultimate authority back on the right road. It seems to me to be the right kind of to get the subpoenas out, but you can I understand that my colleagues will procedure in order to protect both the obstruct and do other things that Sen- have some questions concerning my chairman and also the ranking member ator GLENN knows better than any- own views on some of what we have of a committee like this, especially body, the tools that a minority has to done, and I stand ready to respond to with respect to the subpoena power. protect them. I know them, too. But any questions my colleagues might And I was wanting to understand we do not want to get bogged down into have. whether there has been any agreement that. We want to try to get on past I yield back the remainder of my on that kind of procedure as between that, and I think we can. I think the time. the chairman of the committee and the Senator’s suggestion has a lot of merit Mr. GLENN addressed the Chair. ranking member. to it. The PRESIDING OFFICER. The Mr. THOMPSON. There has been no Mr. DORGAN. Mr. President, let me Chair recognizes the Senator from agreement with regard to that, but I point out that my suggestion and my Ohio. think that is a sound procedure. I have inclination to offer an amendment was Mr. GLENN. Mr. President, I wel- not revisited that in several years, as not prejudging whether one might or come the remarks by Senator THOMP- you might imagine. I do recall now might not have misused subpoena SON. I think his statement is excellent. that the Senator mentions it that that power at all. It seemed to me this rep- I think it does provide a new basis for was the procedure during the Water- resented a procedure that made a great starting ahead with these investiga- gate committee hearings, and that deal of sense. My understanding is that tions, a better basis than where we gives the minority an opportunity to the Senator will be presenting this and were before, I am sure he would agree. make their views known to the major- let the committee make a judgment on It is a new day, and we can make a ity that they might not otherwise it, and I am confident that the com- fresh start. We can set priorities, and have. I tend to view that favorably. I mittee would reach the right conclu- those priorities can be set as a matter would bring that to the attention of sion. of judgment between us on not only the committee, I say to the Senator. I, again, appreciate the answer of the just what is illegal, you would have For myself, I would tend to view that Senator from Tennessee and the Sen- something that is barely illegal but favorably. ator from Ohio. some giant thing that is improper that Mr. DORGAN. Mr. President, if I Mr. GLENN. I thank the Senator. we now can look at on a priority basis, might, I had noticed an amendment and we can make those judgments. And that I would have intended to offer on Mr. President, the colloquy we had that is fine. I agree with that. this. The unanimous consent precludes proposed earlier, I, in my part of this, I think what we have called scope, or me from doing that. I accepted that can be rather brief, and I would allot whether you want to call it jurisdic- judgment on the basis of the discussion myself such time as I may require. I tion, we are on a much better basis I had had previously with Senator feel very certain that the distinguished than we were before, and I think we are LEVIN, Senator GLENN, Senator THOMP- Senator from Tennessee, my chairman, now prepared to move ahead. I will SON, and others. will agree with this. But let me just have some other remarks in the col- I am heartened by the Senator’s an- put this forward as a colloquy so we loquy that is to be provided in this half swer. My expectation would be then can help clarify some of the under- hour. I know that Senator DORGAN had that when you have had an opportunity standing that has gone into this today. a couple of particular things he wanted to present this to the committee, the With the addition of the term ‘‘im- to mention. He has another commit- committee would probably want to proper,’’ to expand the scope of the in- ment. And I ask if he might be able to adopt this procedure. vestigation to be conducted by our do that now. How much time? This procedure seems to me to be committee, the Governmental Affairs Mr. DORGAN. Mr. President, if I sound and fair and the right kind of ap- Committee, it is my understanding might just ask the Senator from Ohio proach to deal with these very difficult that the committee’s jurisdiction to in- to yield for a question that I could issues. And certainly subpoena powers vestigate now includes activities which

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2119 are improper, even though they may facts. I will say that the prelude to the some of these things a little better and not be in violation of any law or regu- specific areas that we are talking I yield him such time as he may re- lation. The term ‘‘improper’’ means about now, foreign contributions, mis- quire. not conforming to appropriate stand- use of Government offices, et cetera, The PRESIDING OFFICER. The Sen- ards, and that is a broad term. I believe says that we should look into illegal or ator from Michigan. that the scope of the committee’s in- improper activities or practices in the Mr. LEVIN. Mr. President, I am very vestigation would cover—and this is 1996 campaigns, ‘‘including but not lim- pleased that we have been able to make the important part here—would cover ited to * * * .’’ So I think the original significant progress this afternoon on the areas set forth in the prior unani- scope kind of speaks for itself there. this resolution. Adding back the term mously approved scope of the commit- There is a further delineation, but it ‘‘improper’’ has brought this investiga- tee’s investigation that was voted out still has to be improper or illegal. tion, basically, back to where members unanimously by the committee. You have to understand, now, I am of the Governmental Affairs Com- I would also assume that allegations just one member talking, as far as my mittee unanimously intended it to be. of illegality or impropriety by a rep- own views are concerned on this. But I We returned to a broader investigation: utable source, such as the sources pre- would assume that there would still be, both ends of Pennsylvania Avenue, viously used by the committee to issue for example, some soft money activity both parties. It is only through this the subpoenas, shall be sufficient for us that would not either be illegal or im- kind of a bipartisan investigation will to initiate investigative action if nec- proper. If the rules and regulations per- this investigation, indeed, bear fruit. It essary. mit it, it was done in a correct way, is a positive conclusion to what was Would that be basically the Senator’s there was no collusion involved, it was turning out to be an unfortunate devel- understanding of what we have done not done from a Federal building— opment in the history of the Senate in here today? which of course in and of itself is prob- its power to investigate. Mr. THOMPSON. As I look over the lematic, depending upon your legal in- On the other hand, on the procedures original scope that the Senator re- terpretation. If someone gave a $20,000 questions, I was going to offer an ferred to that came out of the Govern- soft money contribution, I am not pre- amendment to attempt to establish mental Affairs Committee, a few pared, today, to say that that is im- procedures for how we conduct this in- things jump out at me that I think proper. vestigation on a bipartisan basis. Based clearly come within our jurisdiction, or These are the kinds of things that on the progress that we made in restor- in the scope as we now have it. Foreign the committee will have to decide. I ing the breadth of the investigation, contributions are clearly illegal, not can assure you that we will have an op- and based on private conversations only improper; conflicts of interest re- portunity for full discussion on any that we have had with Senator THOMP- sulting in misuse of Government of- area the Senator brings up. SON and Senators GLENN, DASCHLE, fices, failure by Federal Government Mr. GLENN. OK. I will certainly ac- LOTT and others, I became sufficiently employees to maintain or observe legal cept that answer now. I think the indi- optimistic about the conduct of this in- barriers between fundraising and offi- cation of what has happened here today vestigation that I was able to waive my cial business, certainly are within the with regard to the compromise in this right to offer an amendment as others scope of illegal or improper. particular area and on this bill is some- have waived their rights to offer I think there are others here that fit thing that I think, with all the discus- amendments relative to this resolu- that category. Frankly, I think there sion, both on the floor here and pri- tion. I have looked at 10 prior resolutions, are some other categories where it is vately with the different groups that which initiated major congressional in- not so clear. We are dealing with cat- have met today, shows we have made a vestigations, and in all 10 cases, bipar- egories of activities here. It is very dif- lot of progress. It is our view that I am tisan procedures were adopted either in ficult for me to, with great precision, not going to try and pin the Senator the resolution creating the investiga- say what category in any given set of down on every single one of these tion or by the committee shortly circumstances might or might not fall points and go through them one by one. thereafter. So I would like to engage within our scope. Many times the an- I don’t think that is necessary. I think the chairman of the committee, the swer depends upon the facts of the what he has indicated is in general we distinguished chairman, in a colloquy case. You might have a certain activity are going to look into these things and ask a few questions about proce- that may or may not be improper, de- where there is impropriety involved, in dures. One of them is a general ques- pending on facts that we do not know addition to illegality, and we will tion. yet. make judgments on what is most im- I am wondering whether or not my So, while, in summary, and in answer portant. friend, the chairman, would agree that to the Senator’s question, I think that We have broadened the scope tremen- one of the first orders of business for certainly there is a good deal here of dously from what it was before and it the committee following approval of the delineation of the scope that came certainly fits more into the line of this resolution would be to attempt to out of Governmental Affairs that cer- what was unanimously approved as the establish procedures, bipartisan proce- tainly is picked up by this expanded scope by the Governmental Affairs dures, for the conduct of the investiga- scope that we have here today, but I Committee by a unanimous vote. That tion? would not want to pass judgment on, as has been the trend of this today, and I Mr. THOMPSON. Yes, I would agree one individual member of the com- think this gives us a whole new broad- with that. mittee when the committee itself will ened level of investigation and one that Mr. LEVIN. Is it the chairman’s hope have to make the determinations on we welcome, because I think it will lay and intention that the committee’s individual situations—I would not, as a better base for campaign finance re- depositions be conducted jointly? one member, want to pass judgment on form over the long term. That is going Mr. THOMPSON. Yes. I think that any particular activity or group of peo- to be very good, something that people without any question it is important ple or anything like that, without of this country certainly need. I think, that we attempt to have joint partici- knowing more about the facts. had this been just restricted just to pation in the depositions. I think that Mr. GLENN. I understand that. I ap- straight violations of law, to illegal- whichever side notices the deposition, preciate that answer. I guess a dif- ities, we would not have had that kind there should be a certain period of time ferent way to state it would be: Are of scope. when the other side is notified and there any parts of that original pro- I know, with the time limits we have given the opportunity to attend the posal that the chairman would specifi- here today, I would like to move on. I deposition. There might be instances cally rule out as for any consideration certainly accept the Senator’s view of where that’s impossible, in terms of under impropriety? these things as he has expressed them. someone participating, but the notice Mr. THOMPSON. You are asking me I know Senator LEVIN had some con- should always go. The notice should al- to be pretty specific. Again, we are cerns he was going to express about the ways be there. talking about categories of activities processes, and have a colloquy in that And we need to have a firm procedure and situations that depend on the particular area to try and delineate as to who has notices given, so there is

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2120 CONGRESSIONAL RECORD — SENATE March 11, 1997 no question about the fact that notice dressed one very important issue and Prior to now, in the 54 subpoenas has been given. And we need to exercise did so in a way which was very reas- that were issued, I believe, if Senators a little good faith and leeway. If the suring to the minority, and that was will check, they will find that the staff time that is agreed upon is not fully relative to the calling of a committee did work together. There was consider- needed, for example, the side not tak- meeting relative to a request to issue a able time; there was a requirement to ing the deposition should not insist on subpoena on the part of the minority in give 72-hour notice. We gave more than it. If a little more time is needed for the event that the committee chair that, all on the staff level. But there scheduling purposes, the side sched- does not think that subpoena should was lots of discussion. Whether or not uling the deposition should be reason- issue, and I will not go further into somebody came up with a list before able there. But I think it is very impor- that subject other than to say I wel- they started talking or they made the tant, to maintain the credibility of come the chairman’s assurance on list in the presence of each other, I what we are doing, that if at all pos- that. don’t really care, and I don’t think we sible we have both sides at the deposi- Finally, on a related subject, we have should care. tions unless there is an agreement that had some problem relative to sub- But what happened was, I think it is not significant enough a deposi- poenas because we haven’t had the suf- where we broke down was, I didn’t call tion for both sides to be there. So, ficient consultation in advance of a de- Senator GLENN and tell him, basically, those are the goals that I would work cision to issue them and the presen- what was going on at the staff level, toward. tation of those subpoenas to the minor- and I think that was a mistake on my Mr. LEVIN. I thank the chairman for ity. I think the chairman has addressed part. that. Is it also the chairman’s hope, or this issue, too, in a way which is satis- So I hear what you are saying. You intention, that, where feasible, and I factory when he said, I believe, a few want to be included on the front end of emphasize the words, ‘‘where feasible,’’ moments ago that he looks forward to the discussion. But we are going to get investigative interviews be con- a process where we would work to- into some busy activity around here. ducted—I ask this question knowing gether preparing a subpoena list. I as- We all are going to be challenged tre- that there will be occasions when it is sume from that comment that that mendously, not only with regard to impossible to notify the other side of a would be in advance of the formal pres- this investigation, but with regard to telephone conversation or some other entation of subpoenas, which trigger our regular business. It is going to be conversation—but that there would be that 72-hour rule. I think when that is fast and furious for a long time, and I a good-faith effort, where feasible, to done, we are going to find ourselves don’t want to be accused anymore of have investigative interviews be con- agreeing on a lot more of these sub- being unfair to anybody. ducted jointly? poenas than would otherwise be the So I want to lay it on the table on Mr. THOMPSON. Yes. I think we case. the front end. If you want more than I need to use our best efforts to ensure Mr. THOMPSON. I think the Senator think right now is reasonable, I will be that by providing reasonable notice is probably right. But let’s talk about willing to discuss that. What I think is under those circumstances, at least of what we are really concerned about reasonable is to let the staff do their all significant interviews. As you say, here. I think the Senator is wanting to job, then report to the members, then as these things go, there are going to be included in the front end of the con- the members sit down. The crucial part be people scattered out in various sideration, basically. I think that is is not what is written down on a piece places, and I think on many occasions reasonable. It is not required by the of paper; the crucial part is what comes they can go in teams. I think that will rules. None of this is required by the out the other end. be good. But many times they are not The rules require 72-hour notice. We rules of the Governmental Affairs Com- going to be able to do that. will try our best to have consultation mittee. This is my attempt to go be- As the Senator knows, we have been over and above what the rules require. yond the rules in order to do something talking about procedures a lot here for I don’t see any reason why we can’t the last couple of months. Now we have that I think is right and the fair thing learn from past experience and be able to get down to the heavy lifting. We to do. to have a procedure where both sides Let me not mislead you here. I think have people to interview all across this are satisfied on the subpoena issue. these are things that I always felt were country and people in other parts of The PRESIDING OFFICER. The time best worked out at the staff level, but the world. We are not going to always of the Senator has expired. I think we are going to have to address be able to do it side by side. But best Mr. LEVIN. I think the chairman is efforts should be made to provide rea- them now. I do not think it is ever correct when he says we shouldn’t be sonable notice for all significant inter- practical to have Senators sit down involved in the front end of every sub- views, whether taken by the majority around the table for the very first con- poena discussion. I couldn’t agree with or the minority, so that the other side versation about who we are going to you more on that issue. But my ques- will have the opportunity to be there. subpoena. I think we have to let the tion was whether or not, prior to a I think the other important part of staff do their work. They have to come presentation of a decision to the rank- that is that regardless of whether or to us individually and as a group. They ing member, it would be agreeable that not there is participation or presence, have to come to me as chairman and there be some kind of a working-to- that there is access to the information Senator GLENN with their ideas. There gether, informal discussion. that comes from that interview. Al- has to be opportunity to have free dis- Mr. THOMPSON. I will strive toward though the opportunity to question cussion back and forth, and if some- that end. I think that is what I should might be lost if the person is not body writes a list of names or compa- have done last time and didn’t. Al- present, they still should have access nies down that they feel should have though it is not required, it is some- to that information. That should be a top priority, they should not have to be thing I should have done in retrospect, part of the agreement also. apologetic about that. It has to start because I think it sent a signal that I Mr. LEVIN. I thank the chairman for somewhere. didn’t mean to send. There are going to that, and that was, indeed, my next So we need to let the staff do their be times when I may not be able to do question relative to access to informa- work, then we need to have the staff that, but I will make my best efforts tion, documents, and, through a num- submit that to the members, and then along those lines. ber of discussions, I think it is safe for the members need to talk to each Mr. LEVIN. I am sorry, the Chair ap- me to say it is the chairman’s inten- other. That is my idea of proceeding. parently indicated my time has ex- tion that both the majority and minor- Now, if you want to do it otherwise, pired. I wonder if the Senator from ity would have equal and contempora- if you really think that it is good for Ohio will yield 1 additional minute to neous access to all documents and be us to involve ourselves that much on me. Apparently, we are under con- given adequate notice of the filing of the front end, I will consider something trolled time. I just need 1 additional those documents? else. But I think you want to consider minute, basically, to thank the chair- Mr. THOMPSON. That is correct. that very, very carefully, because I man. Mr. LEVIN. The chairman, in his don’t think that is the highest and best The PRESIDING OFFICER. The Sen- conversation with Senator DORGAN, ad- use of our time. ator is recognized.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2121 Mr. LEVIN. This discussion relative any party, it is truly a victory for the who rightly say the American people to procedures is helpful. It is some- public interest. do not really care about all this cam- thing that we worked on this afternoon Mr. President, over the last couple of paign finance trouble, maybe because as part of this unanimous-consent weeks there was a strange and trou- they are numb to these kinds of revela- agreement, and I think it can help put bling discontinuity between the grow- tions. Some say maybe, ‘‘Oh, they all us back on track. ing avalanche of revelations about the think it goes on anyways, so what’s the It is something with today’s action impact of money on American politics difference. Everybody does it.’’ that I think we not only have basically and the impression it gives that Amer- I do not know whether the American adopted the committee’s original scope ican democracy is for sale, on the one people are listening or watching. I be- and resolved the funding issue and an hand, and the seeming movement here lieve they really are. But I know that end date, but we also, I think, made in the Senate, particularly in the vote history is watching. And I know that some progress in terms of taking the in the Rules Committee last week. I we will be judged as to how we respond next step toward adopting some bipar- am not saying this was the intention, to this fundamental challenge to our tisan procedures. All of that is going to but it certainly gave the impression of democracy: the basic premise of equal help this committee have a thorough going into a kind of bunker of not access to Government, the basic bipartisan investigation which covers, being willing to have a full and open premise of a Government in which one again, both ends of Pennsylvania Ave- investigation of the problem of the way person has one vote and one person nue, both parties, soft money and inde- in which campaigns are financed in who may have a lot of money to put in pendent expenditures and illegalities this country. By limiting the jurisdic- politics does not have any more influ- and whatever else the committee in its tion of the investigation to be per- ence than that one person with one good conscience feels is appropriate for formed by the Governmental Affairs vote. investigation because it is either im- Committee to illegal activities in asso- But when people can walk in and give proper or illegal. I thank the Chair. ciation with the 1996 Federal elections, hundreds of thousands of dollars, and Mr. GLENN addressed the Chair. the impact would have been effectively money moves from committees to com- The PRESIDING OFFICER (Mr. to have crippled the investigation, in mittees, when people in politics, as we BROWNBACK). The Senator from Ohio. my opinion. know because we are there, have to Mr. GLENN. Mr. President, may I Who would have decided what was il- spend as much time as they do and feel ask how much time is remaining on legal? Could not anyone subpoenaed by the relentless pressure that they do to each side? the committee have claimed that their meet the competition, to raise the The PRESIDING OFFICER. There client had not done anything illegal, money to pay for the advertisements, are 5 minutes on your side and 15 min- and therefore the subpoena was im- then the standards of each one of us utes on the other side. proper? are tested and the standards of the sys- Mr. GLENN. How much for the other Of course, the basic purpose here, if tem are challenged. side? we are serious about campaign finance A lot has been made in this debate The PRESIDING OFFICER. Fifteen reform, should be to investigate and re- and in the media about allegations minutes on the other side. veal and inform, as the chairman of the that foreign countries or interests may Mr. GLENN. I will yield to Senator committee said in one of his opening have attempted to purchase influence, statements in this investigation, to in- used campaign contributions. Mr. LIEBERMAN. But let me add, Senator form the public about what is legal President, I will tell you that that is LIEBERMAN and Senator LEVIN have worked and worked on this particular today but ought to be illegal, what is despicable behavior. But what we have situation. I certainly appreciate their improper or unclear but ought to be il- to say to our ourselves is, they have efforts, as all the Governmental Affairs legal. That is what campaign finance done so because they believe, appar- Committee members have on the reform is all about, taking some of the ently, if these allegations are right, vagaries of the current system, some Democratic side, and I appreciate all that American democracy is for sale. things that are not vague but are clear- None of us want to leave that impres- their efforts. ly improper, not illegal, and making sion. And the way to correct it is by re- I yield some time to Senator LIEBER- them illegal. forming our campaign finance laws. MAN. And as disappointing as the vote of How much time do you need? The way to begin that process is to do the Rules Committee was last Thurs- Mr. LIEBERMAN. Four minutes. the kind of full and open investigation day, I believe the vote of the Senate Mr. GLENN. Four minutes. We have 5 that the Senate, by this amendment, today, bipartisan as it is, is heartening. left. That is fair enough. will now authorize. I have great con- Reason has prevailed. I think Members The PRESIDING OFFICER. The fidence in the chairman of the com- of the Senate on both sides of the aisle Chair recognizes the Senator from Con- mittee. focused in on the impact of this con- The PRESIDING OFFICER. The Sen- necticut. stricting jurisdiction for the investiga- ator’s time has expired. Mr. LIEBERMAN. Perhaps, in the tive committee and decided it was not Mr. LIEBERMAN. I have great con- spirit of bipartisanship that is on the right. And that resulted in the addition fidence in our ranking Democrat. And I floor now, if I use the remaining 4 min- of these simple two words, ‘‘or im- believe together we are going to go for- utes of Senator GLENN’s time, I may proper.’’ But there is a world of dif- ward to cleanse and elevate the way turn to Senator THOMPSON and ask him ference in those. campaigns are financed in America and to yield a few. A significant step forward has been to reestablish and rebuild the basic Mr. President, I want to thank every- taken today on the road to campaign core of our Democratic system. one involved in what occurred here finance reform. What is most impor- I thank the Chair, and I thank the today. This is an extraordinarily sig- tant is that we have done it together, chairman of the committee and the nificant accomplishment, not only on Republicans and Democrats, acting not ranking Democrat. I yield the floor. its face but in what it says about the as Republicans and Democrats, but as Mr. THOMPSON addressed the Chair. willingness of the U.S. Senate to deal Americans facing a very serious chal- The PRESIDING OFFICER. The Sen- directly with the problem of too much lenge to our democracy. ator from Tennessee. money in American politics to deign to Mr. President, I wonder if I might Mr. THOMPSON. I yield myself 2 do something about it. ask the Senator from Tennessee if he minutes. This is a significant victory which is would yield me 2 minutes of his time? I thank the Senator from Con- attributable in large measure to the Mr. THOMPSON. I would be happy to necticut for his usual eloquent re- leadership of the Senate, the majority yield that time. marks. I think I agree with everything leader, Democratic leader, and the The PRESIDING OFFICER. The Sen- that he said. I am one of those who leadership of the committee, the Sen- ator has an additional 2 minutes. have thought for a long time that we ator from Tennessee, the chairman, Mr. LIEBERMAN. I thank the chair- needed to make some significant and the Senator from Ohio. But it is, in man. changes in our campaign finance re- truth, as has been said on other occa- Mr. President, this is serious busi- form system. And I still believe that sions, not a victory for any person or ness. There are some people, I think, way stronger today than ever before.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2122 CONGRESSIONAL RECORD — SENATE March 11, 1997 But I want to leave one thought, not been broadened again, and for very im- panding the scope to cover improper in response to what the Senator said, portant reasons. and illegal activities, and as the distin- but from watching the talk shows and One reason is that we may expect ev- guished chairman pointed out, that some of the comments that some of the erything our committee does to be sub- gives us an opportunity to serve the people at the White House have made, jected to the most microscopic minute American public by having campaign and so forth, about this. When talking examination and legal challenge. Al- finance reform. about the issue of the need for cam- ready, there have been two challenges Mr. President, I had asked for this paign finance reform, my remarks on by those under subpoena on subpoenas special 10 minutes because of another the floor on January 28 were referred already issued by the committee. If we deep concern I have in the resolution to earlier. Something rang home with had a charter which allowed us to look that is currently drawn, and that is me, so I got them. And here is one of only at illegal activities, it might well with an ending date of December 31, the things I said then. I said: be held by a court someday that such 1997. When you have a cutoff date, it is an investigation was beyond the scope But those of us with responsibility in this an open invitation to people who want area, whether it be the President or Members of what the Congress or the Senate to avoid the investigation to engage in of Congress, cannot let the call for campaign could do, because our function is to legal maneuvers which might well be finance reform serve to gloss over serious legislate or our function is to have construed to be stalling tactics, al- violations of existing law. If we do that, the oversight. Our function is not to pros- though they have a right to do so, reform debate will be cast in a totally par- ecute. Our function is not to go into which could delay the matter long past tisan context and ensure that once again matters that just are illegal. When we the expiration day. For example, where campaign finance reform will be killed. go into matters which are improper, someone is subpoenaed and the person So it occurred to me that once again then it is with a view to changing the then pleads the privilege against self- we must be reminded of the fact that law. This is our legitimate function. incrimination under the fifth amend- those of us who want campaign finance Now, it could be said that we could ment, which the individual would have reform must remember that the best look into illegal matters from a nar- a constitutional right to do, it would thing we can do for campaign finance rower point of view to change the pen- be up to the committee and the Con- reform is to continue to talk about it if alty, but that is very constrictive and gress to bring forward a charge of con- we want to, but also make sure we do might well fail. We could have been tempt of Congress because the Con- a good set of tough bipartisan hearings tied up for a long period of time if we gress cannot impose a penalty but has that the American people have some only had illegal activity with someone to go for enforcement to the U.S. Dis- confidence in. mounting a challenge that it was be- trict Court for the District of Colum- For those who want campaign fi- yond the scope of what Congress could bia. That all takes time. Then if the in- nance reform, let us get about the do. dividual loses, they have a right to Also, if we are dealing only with ille- money laundering, the foreign con- take an appeal to the circuit court of gal activity, there are many interpre- tributions, the allegations of selling appeals, then appeal for a petition for tations that might be made as to what public policy, allegations of violations certiorari to the Supreme Court of the is legal and what is illegal, and when of the Hatch Act, the Ethics Act, and United States. the serious matters, that will do more those issues are raised they go to court So one of the important items I and that can take a very long time. for campaign finance reform than any- think we need to have a discussion on For example, Dick Morris, the Presi- thing else. here today is what we will do when we dent’s campaign impresario, wrote in I thank the President and yield back face that situation. The mood of the his book that President Clinton was the balance of the 2 minutes I was re- Senate was not such that we could get personally involved in editing the com- ferring to. into extensive amendments of this res- mercials which were paid for by the How much time is remaining? olution and we agreed not to offer Democratic National Committee with The PRESIDING OFFICER. The Sen- amendments. I think we can cover this ator from Pennsylvania has 10 minutes so-called soft money. Now that would appear on its face to matter reasonably well by having a dis- of his own right and the Senator from be illegal because you may have inde- cussion with the distinguished chair- Tennessee continues to have 10 min- pendent expenditures but you may not man, the distinguished ranking mem- utes. have coordinated expenditures when ber. The committee can always come Mr. THOMPSON. The Senator is wel- someone has accepted public financing. back to Congress and ask for an exten- come to use either 10. But the argument was made that what sion. Mr. SPECTER. Mr. President, I was done was legal. I am not saying the What I seek to do here today, Mr. thank my distinguished colleague from President did it. This accusation is President, is to get a sense from the Tennessee for allowing me some of his written in a book and it is inadmissible managers as to the circumstances time, as well as the 10 minutes. I will hearsay. We have to find out about it. where we would ask for an extension. I try to be relatively brief to move the Someone could challenge our inquiry if do not say these are the sole cir- process along. we were limited to illegal activities, al- cumstances, but illustratively, if some- Mr. President, this has been a good though on the face, if true, this allega- one is subpoenaed and that individual showing by the U.S. Senate today as we tion certainly has all the appearance of pleads the fifth amendment, privilege have come together on a bipartisan illegality. against self-incrimination, granted im- basis, Republicans and Democrats, try- Last Thursday the Attorney General munity, ordered to answer, refuses to ing to structure an inquiry and hear- said that it was not a contribution answer, and there is a contempt cita- ings which will help reform the Amer- under the statute for someone to give tion, it goes to the district court and ican campaign system where virtually thousands of dollars, millions of dol- the circuit court and then the Supreme everyone agrees there is too much lars, in soft money because that is used Court, I ask my distinguished col- money in it, and it is a very trouble- only on issue advocacy instead of urg- league from Tennessee, the chairman some factor. ing the election or defeat of a specific of the committee, if that would be an The vote was 99–0, with one absten- candidate. So that if someone gave appropriate time for our committee to tion, to broaden the scope of this inves- $1,000 where the money is used to, say, ask for an extension, and I will ask the tigation to include improper as well as elect John Jones or defeat Frank same question of the distinguished illegal activities. I think we have Smith, that would be a contribution, ranking member, Senator GLENN, if achieved a very significant broadening but the millions of dollars in soft that would be an appropriate cir- of the committee’s charge. It really is money would not be a contribution cumstance for our committee to seek very close to what the committee did under the statute. In my legal judg- an extension and obtain an extension initially on a unanimous vote, nine Re- ment, that is palpably incorrect, but from the full Senate for whatever time publicans and seven Democrats, saying someone could raise that kind of a con- we lost by those legal proceedings to we would investigate both illegal and sideration. compel an answer to that question, improper activities. It was narrowed by So I think we have taken a very, very and, also, then to complete whatever the Rules Committee, and now it has significant step forward here in ex- leads that may result? We know it is

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2123 not just the answer that the witness other matters. There might be a chal- the end of the year, in 4 months. And would give but it might lead to other lenge to our entire investigation, the Department of Justice has under- evidence, and otherwise if we did not which is not possible for us to antici- taken an investigation involving four have an extension of time we would be pate today, and legal challenges might FBI agents who may not have told the stymied on our legitimate investiga- occur, or other impediments, which entire story. They started that inquiry tion. may come before the investigation or in late 1995, and 15, 16, 17 months have I ask my colleague from Tennessee if may occur to lead us to seek additional passed. that would be an occasion for us to get time. I am glad to hear the Senator I recently wrote to the Attorney an extension beyond the December 31st say—and he put it in the RECORD—that General and asked her when she is cutoff. he discussed it with the leadership and going to finish the investigation so we Mr. THOMPSON. In response, I think members of the Rules Committee, as I can conclude, and I got a reply that it that would be one of the circumstances have. is still months away. that might lead us to ask for an exten- Frankly, I don’t like the cutoff date. The Senator from Ohio is correct. sion of time. But people who might tend to delay or When I was district attorney of Phila- It would depend, I think, on the to- wear us down will be on notice that we delphia, I ran lots of grand jury pro- tality of the circumstances. We would are not unaware of that, and that we ceedings and investigations. I know need to feel that we really needed the have anticipated it, to the maximum from experience that we are going to additional information that was impor- extent possible. face the most tenacious and micro- tant to our investigation. With that I would like to address a question to scopic examinations by the best law- being the case, that would be one of the ranking member, the Senator from yers in the country coming to look at those circumstances. Ohio, and ask if he agrees with what everything we do. I don’t like to see a I might add, the Senator makes a the chairman has replied to in the col- December 31 date. But now it has been very good and valid point, and one that loquy. established, as best we can on the floor, I raised in January on this floor. It is Mr. GLENN. Basically, yes, Mr. as a target date. We are going to re- one that I raised in the Governmental President. I think it is right that the spond, and we will extend the time if Affairs Committee when we were dis- Senator from Pennsylvania brings this we have to. cussing scope and duration. I also up out of his own prosecutorial back- Let us put people on notice that they raised it in the Rules Committee the ground. He knows how long court cases cannot gain anything by delaying with other day. The Senator points out the can be extended. He has had more expe- frivolous lawsuits. If they take up our fact that a good defense can sometimes rience, probably, than anybody in the time, we are going to get an extension take you past any cutoff date that you Senate Chamber on that. So he sees a of the time. I thank my colleagues and might establish out there as a target. pitfall that we will have to deal with. I yield the floor. I do not know if the Senator will ask agree with that. The PRESIDING OFFICER. Who about other circumstances, but I can I agree, also, that it is impossible for yields time? certainly think of a couple of other cir- us at this point to say what might Mr. GLENN. I would like to engage cumstances that would cause the same occur in this area and what court cases the senior Senator from Virginia and problem. The White House, for exam- there might be or other delays or leads the Senator from Tennessee in a col- ple, in times past, has taken positions that we are having to follow up on that loquy regarding the issue of referrals with regard to questions of executive may not be wound up or not be brought to the Ethics Committee. The resolu- privilege that were not valid. If you to conclusion at that exact date. I tion before us, as amended, states that want the documents or the testimony, think what it points out is that, as ‘‘the Committee on Governmental Af- usually documents, then you have to members of that committee, and as fairs shall refer any evidence of illegal go through a process, and you have to chairman and as a member of that or improper activities involving any wind up in court, if you think the docu- committee, we just have to be aware Member of the Senate revealed pursu- ments are important. So that is an- that if anything like that starts to ant to the investigation authorized by other situation where it would cer- occur, we bring it back to the floor as subsection (b) to the Select Committee tainly be appropriate, if you needed fast as possible. That is rather key to on Ethics.’’ that information, to come back before this whole thing, because our authority In the event the Governmental Af- the Senate and ask for an extension of is only as the Senate gives it to us to fairs Committee develops facts which time. go ahead with this. implicate a Senator or Senators in any Third, and most obvious cir- So it is incumbent upon us to bring it illegal or improper activities, as those cumstance, would be simply where you back here as fast as possible to get an terms are used in this resolution, they run into additional leads that are ma- extension every time, or whatever else shall report such findings promptly to terial and substantial and that you is necessary to do. I hypothesize here the Ethics Committee; however, such need to follow up on to make a credible as to whether this happens or that hap- reporting does not preclude the Gov- and complete report back to the U.S. pens, but the point the Senator makes ernmental Affairs Committee from Senate. All along the way, I have is an excellent point and one we are continuing its investigation, provided pointed out this problem, as has the going to have to be aware of through it is not for the specific purpose of de- Senator from Pennsylvania. What we the years. termining the culpability, or lack have reached here today on that issue Mr. SPECTER. I thank my colleague thereof, of such Senator or Senators. is a bit troubling to me, quite frankly. for that answer. We do know that in- Do my distinguished colleagues I have tried to point out that, although vestigations take a very long time, and agree? we have a so-called cutoff date of De- it is not my preference to have a cutoff Mr. WARNER. Yes, I agree with the cember 31, we have said that when date of December 31. I think that is interpretation of the senior Senator those circumstances arise—the three very difficult. But the reality is that from Ohio. we have discussed here—or any other we faced obstacles in the Rules Com- Mr. THOMPSON. Yes, I also agree circumstances arise where we have just mittee which limited the scope, and with this interpretation by the ranking cause to come back, that we will be now we have broadened them and lim- member of the Government Affairs back. I have been assured by Members ited the time. You have Independent Committee. of both parties, and the Governmental Counsel Kenneth Starr, who has been Mr. DASCHLE. Mr. President, short- Affairs Committee and the Rules Com- on an investigation for 3 years. You ly after I was elected to this body, I mittee, that they would be right there have had independent counsel on Iran- made a call on one of my heroes. His with us in attempting to get an exten- Contra on the investigation for many office walls were covered with photo- sion under those circumstances. years. The Senator from Tennessee and graphs. One of them was an old picture Mr. SPECTER. Mr. President, I I, in 1995, were on an investigation of of two men standing next to an air- thank my colleague for those answers. Ruby Ridge. We had 15 days of hearings plane. I couldn’t make out the faces, He has expanded beyond the example I and 70-some witnesses. We filed a 150- but there was no mistaking the signa- gave of a stalling witness to take in plus page report, all from Labor Day to ture. It read simply, ‘‘To our good

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2124 CONGRESSIONAL RECORD — SENATE March 11, 1997 friend Claude Pepper, Wilbur and funds and ensure that this inquiry does So, for each of the activities the Orville Wright.’’ not lapse prematurely. hearings examine, relevant questions Next to that was a picture of an as- We insisted that Congress set at least need to be asked: tronaut standing on the surface of the a tentative date by which the inquiry How widespread was illegal or im- Moon. I couldn’t see his face. But would end, just as earlier Congresses proper questionable activity? Will we again, the signature was clear. It read, did with investigations into the Iran- find various but discrete episodes, or a ‘‘To my good friend Claude Pepper, Contra and Whitewater affairs. Again, pattern to circumvent campaign fi- Neil Armstrong.’’ we said that process could be extended, nance laws? Here was a man who had seen prac- if necessary. Who was responsible for failing to tically the whole scope of the 20th cen- We said the Governmental Affairs oversee compliance? Were the viola- tury. He’d served in both the House and Committee must produce a public re- tions a result of individual misconduct, the Senate. I asked him what advice he port after it completes its work. If the or a climate of indifference to the law? had for a new Senator from South Da- American people are going to invest $5 What was the law at the time? Was it kota. million taxpayer dollars in this inves- clear or unclear? Where we find mis- He told me, ‘‘The election’s over now. tigation, they deserve to know what we conduct, was it deliberate, reckless, or It doesn’t matter any more whether learn. So we fought for accountability. inadvertent? you’re an ‘R’ or a ‘D.’ What matters Finally, we believe it’s not enough to Where were the lawyers? now is whether you’re a ‘C’ or a ‘D’—a document the problems in the glare of Where was the FEC? What notice was ‘constructive’ or a ‘destructive.’ I’ve television lights. When the lights are given to the FEC that these practices been here a long time. I’ve seen a lot of turned off, we have to be serious about were occurring? What actions, if any, people try to tear this country down, the hard work of solving the problems. did the FEC take? Are there still ac- and too few people who have tried to So we asked for a commitment from tions the FEC should take? build it up.’’ our colleagues that the Senate would Did the public records, including re- ‘‘America needs more constructives,’’ debate campaign finance reform this ports on file with the FEC, reflect the he told me. year. misconduct? Or are they inadequate to I’ve thought of that conversation These are the issues we raised—that the task of informing the public that many times during the past few weeks we were obligated to raise. something is seriously amiss in the fi- as we have debated, on and off this Nearly all of our concerns have been nancing of campaigns? floor, how this investigation should incorporated into the funding resolu- These are critical questions. If we proceed. tion we will adopt today. Their inclu- will ask these and other questions— As the Governmental Affairs Com- sion is a victory not for one party or without fear or favor—we can achieve mittee has proceeded—hiring lawyers another, but for the integrity of the in- historic reforms. and issuing subpoenas—Democrats quiry itself. Will we seize this opportunity, or have raised concerns about how this in- It is the strength of our system of squander it? vestigation was being structured. government that, when the debate has Will we be ‘‘constructives’’ or Our purpose was not to stall this in- ended and the real work begins, both ‘‘destructives?’’ quiry, but to ensure that it serves a parties cooperate where they can to ad- The choice is up to us. constructive purpose, not a destructive dress public concerns. This, I believe Mr. THOMPSON. Does the Senator one. We have always wanted the inves- and hope, is where we now stand. from Ohio need additional time? tigation to go forward. But we also On the central question, Democrats The PRESIDING OFFICER. The Sen- want it to shed light on illegal and im- and Republicans agree: this is an im- ator from Tennessee has 4 minutes 30 proper activities—wherever they may portant investigation. seconds. The Senator from Ohio has 1 have occurred. And, most important, Most critical of all is the question of minute. we want this investigation to provide a improper foreign influence in U.S. elec- Mr. GLENN. I think the vote was road map for real reform of our cam- tions, and on U.S. policy. This is an called for 6:30. I think we have about paign finance laws. American issue, not a partisan issue. How can we make sure this process Have foreign governments sought to in- exhausted everything we need to com- results in reform, not merely revenge? fluence the outcome of American elec- ment on. That’s what the debate over these last tions? I will yield back my time. few weeks has been about. Democrats support and will join in Mr. THOMPSON. I will yield back To a large extent, that debate has the most vigorous inquiry into this the balance of my time, also. now been resolved. And Democrats are troubling question. American elections Mr. GLENN. Mr. President, I suggest resolved, in turn, to join with Repub- must be decided by American voters the absence of a quorum. licans to see that this inquiry address- and funded by Americans, and only The PRESIDING OFFICER. The es the significant concerns we all have Americans. clerk will call the roll. about the problems that surfaced dur- Another question, perhaps looming The legislative clerk proceeded to ing the last campaign cycle. over all the others, is how could we get call the roll. I want to thank Senator GLENN for to this point? How could the campaign Mr. SPECTER. Mr. President, I ask all he has done to get us to this point. finance laws break down, or appear to unanimous consent that the order for He and his staff have been dogged in break down, so completely that we now the quorum call be rescinded. their determination to make sure that must conduct an investigation of un- The PRESIDING OFFICER. Without this inquiry is truly bipartisan, and precedented scope and size? objection, it is so ordered. that it will lead to legislative solu- Many of our Republican colleagues Mr. CHAFEE. Mr. President, I ask for tions. insist that the system is working. Yet, the yeas and nays. I also want to thank Senator THOMP- in asking for nearly $5 million to con- The PRESIDING OFFICER. Is there a SON. duct this investigation, they admit sufficient second? We agreed with Senator THOMPSON more tellingly than words alone that There is a sufficient second. when he first said that the investiga- there is a cancer at the core our elec- The yeas and nays were ordered. tion should examine illegal and im- tion laws and their enforcement. The PRESIDING OFFICER. The proper activities in all Federal elec- Congress can’t convene hearings of clerk will call the roll. tions, Presidential and congressional. this kind after every election to ad- The legislative clerk called the roll. We fought when others tried to narrow dress questions of illegal fundraising. Mr. DODD. (When his name was that scope. It will have to rely on appropriate called) Present. We objected to a budget request that laws—and effective enforcement. En- The PRESIDING OFFICER. Are there was unprecedented and, in our opinion, suring sound laws and energetic en- any other Senators in the Chamber de- lacked accountability. At the same forcement is the real test of whether siring to vote? time, we proposed a process to allow the hearings we are about to begin The result was announced—yeas 99, the committee to request additional make a lasting contribution. nays 0, as follows:

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2125 [Rollcall Vote No. 29 Leg.] Revenue Service, and as Executive Di- opportunity. Under this program, stu- YEAS—99 rector of the Pension Benefit Guaranty dents applied for admission to George- Abraham Feinstein Mack Corporation. Marty also worked hard, town’s Masters of Taxation Program, Akaka Ford McCain on a daily basis, to improve the quality while simultaneously applying for a job Allard Frist McConnell of life of those around him, particu- at the IRS. The IRS, the university, Ashcroft Glenn Mikulski larly his staff and coworkers. and the student-fellow would share the Baucus Gorton Moseley-Braun Bennett Graham Moynihan Marty was a brilliant lawyer and a costs of tuition. Biden Gramm Murkowski gifted manager who knew how to get When Marty left the IRS in 1993, he Bingaman Grams Murray things done. He inspired the people who created a similar fellowship program at Bond Grassley Nickles Boxer Gregg worked for him and helped make them the PBGC. The fellowship programs Reed Breaux Hagel some of the most effective and produc- that Marty created have been ex- Brownback Harkin Reid tremely successful, and have enabled Robb tive public servants in the Nation. Ev- Bryan Hatch many African-Americans and other mi- Bumpers Helms Roberts erywhere he went, his ability and dedi- Burns Hollings Rockefeller cation brought out the very best in his nority students to break through long- Byrd Hutchinson Roth colleagues and his staff. standing barriers and find jobs in the Campbell Hutchison Santorum Marty was a superb legislative strat- fields of taxation and pensions. One Chafee Inhofe Sarbanes graduate of this program is now a pro- Cleland Inouye Sessions egist who understood the role of Gov- Coats Jeffords Shelby ernment and the impact that Govern- fessor at Catholic University. Cochran Johnson Smith, Bob ment could have on working Ameri- In ways like these, Marty Slate Collins Kempthorne Smith, Gordon cans. He was the moving force behind didn’t just talk about fair play and Conrad Kennedy H. equal opportunity. He helped to assure Coverdell Kerrey the Retirement Protection Act, the Snowe that new opportunities for African- Craig Kerry Specter pension funding legislation that Con- D’Amato Kohl Stevens gress approved in 1994. Americans and other minorities actu- Daschle Kyl Thomas ally existed, and the graduates of these DeWine Landrieu Early in the Clinton administration, Thompson Domenici Lautenberg Marty brought together representa- fellowship programs will carry on Thurmond Dorgan Leahy Marty’s fine work. Torricelli tives of the PBGC, Treasury, IRS, Durbin Levin Labor, Commerce, OMB, and other Fed- Marty is warmly remembered by Enzi Lieberman Warner those who worked with him as a person Wellstone eral agencies as part of an impressive Faircloth Lott who took genuine personal interest in Feingold Lugar Wyden task force. The task force worked ef- helping them to advance their careers. ANSWERED ‘‘PRESENT’’—1 fectively under Marty’s leadership to identify the problems that caused pen- With all his myriad of responsibilities, Dodd sion underfunding, and the best solu- he was never too busy to write a letter So the resolution (S. Res. 39), as tions to those problems. As chairman or place a phone call to help someone amended, was agreed to. of the task force, Marty’s door was al- develop their career. He was never too busy to reach out. He was there for the Mr. ROTH. Mr. President, I move to ways open. No person or group was ever people he led and managed because he reconsider the vote by which the reso- shut out of the process. Needless to lution was agreed to. cared deeply about them. say, the task force issued its findings Marty also loved sports. He was a Mr. MOYNIHAN. I move to lay that and recommendations in a timely man- motion on the table. true Boston Red Sox fan and he had a ner. great love for sports trivia. A local The motion to lay on the table was After the task force report was radio station in this area has a call-in agreed to. issued, Marty looked to the future, and trivia contest for sports fans, which Mr. ROTH addressed the Chair. worked closely with Congress on legis- takes place in the middle of the night. The PRESIDING OFFICER. The Sen- lation to address the problem of pen- ator from Delaware. Marty would regularly set his alarm sion underfunding. As my Senate col- for 2 o’clock or 3 o’clock in the morn- f leagues will recall, we approved the ing and get up and call into the talk funding reforms in the Retirement Pro- MORNING BUSINESS show. He called so often that he was tection Act, the most significant pen- Mr. ROTH. Mr. President, I ask unan- known on the show as ‘‘Marty from Be- sion legislation since the enactment of thesda.’’ Marty almost always knew imous consent that there now be a pe- the Employee Retirement Income Se- riod for the transaction of morning the answer and would win Baltimore curity Act in 1974. It was an extraor- Orioles tickets. He would then share business, with Senators permitted to dinary bipartisan accomplishment, and the tickets he won with his friends. speak for up to 5 minutes each. it was Marty’s accomplishment, too. As a Boston Red Sox fan myself, I am The PRESIDING OFFICER. Without Millions of working men and women particularly fond of a story from objection, it is so ordered. have pensions that are more secure Marty’s childhood. One day, when he The Senator from Delaware. today because of Marty Slate. was about 6 years old, he wanted to go Mr. ROTH. I thank the Chair. In his years at the Equal Employ- to Fenway Park to watch the Red Sox (The remarks of Mr. ROTH and Mr. ment Opportunity Commission, Marty play. His parents were concerned, be- MOYNIHAN pertaining to the introduc- worked hard to assure that workers did cause they couldn’t go that day, and tion of S. 425 are located in today’s not suffer from discrimination. they didn’t want him to go alone. RECORD under ‘‘Statements on Intro- Under his leadership, the EEOC wiped Marty found a way to heed his par- duced Bills and Joint Resolutions.’’) out case backlogs and vigorously pros- ents’ advice. The Red Sox won and he f ecuted discrimination complaints. As had a wonderful time. But when he director of field operations for the TRIBUTE TO MARTY SLATE came back, police and emergency vehi- agency, he was responsible for the day- cles were parked on his street. They Mr. KENNEDY. Mr. President, all of to-day activities of 46 field offices. The were there because 6-year old Marty us who knew Marty Slate and who large numbers of working men and had, in fact, listened to his parents. He worked with him over the years were women who were protected from dis- did take someone to the game. The saddened to learn of his recent, un- crimination because of Marty’s efforts problem was that it was the 3-year-old timely death. owe him an enormous debt of grati- child of a neighbor. And the police were Marty was an exceptionally dedi- tude. looking for the missing child in the cated public servant. He worked effec- When Marty left the EEOC to work neighborhood. Even at that young age, tively throughout his extraordinary ca- for the Internal Revenue Service, he es- Marty was demonstrating his extraor- reer to improve the quality of life for tablished the Georgetown-IRS Masters dinary sense of responsibility. working men and women. He served of Taxation Fellowship Program.’’ This Now that he has left us, all of us who well in many capacities, directing the program was designed to help those were touched by Marty’s brilliance and field operations of the Equal Employ- who were not historically represented compassion will work harder to carry ment Opportunity Commission, leading in the fields of taxation and pensions on his work. That’s the way Marty the ERISA Division of the Internal because of discrimination and lack of would have wanted it.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2126 CONGRESSIONAL RECORD — SENATE March 11, 1997 My heartfelt condolences go to the Boyack and Lopez face a difficult choice at eral to local responsibility implied in welfare Slate family, to Marty’s wife, Dr. Caro- a late juncture in life: struggle through the overhauls is not accompanied by a shift of line Poplin, to his parents, Albert and forms, tests and language requirements of money from federal to local coffers. naturalization, or enroll in local aid pro- Such may be the case for SSI. Current Selma Slate, to his brother, Dr. Jerome grams. state budget proposals would provide a max- Slate, to his sister, Emily Slate, and to Boyack is household and nearly deaf. imum of $350 in vouchers to people like all of Marty’s friends and coworkers. Lopez, who speaks only Spanish, would have Boyack and Lopez, according to Terrance He touched all our lives, and we will to learn English at 75. McGarth, spokesman of the State Depart- never forget him. So both will probably apply for less-gen- ment of Social Services. erous state aid, and depend on their families So if both qualify for the maximum, their f or charities to make up the difference. families or charities would have to bridge THE HARSH IMPACT OF THE ‘‘She’s 75 years old,’’ said Lopez’ son Jose, the $200-plus gap between their SSI benefits WELFARE BILL ON IMMIGRANTS. an import-export businessman from Miami and the new state benefits. who supports a wife and two children. Not all noncitizens face this peril. Immi- Mr. KENNEDY. Mr. President, last ‘‘Who’s going to take the load? As we say in grants granted asylum and refugees were ex- year Congress passed a comprehensive the Dominican Republic, we have to put cluded, and anyone who can show roughly 10 welfare reform bill that drastically re- more water in the soup.’’ years of work, even combined with their stricted the ability of legal immigrants Boyack and Lopez are just two of 4,929 im- spouse’s work history, can remain on the to participate in public assistance pro- migrants on Long Island considered likely to rolls. grams. It prohibits legal immigrants lose their SSI benefits as part of Congress’ SSI benefits are administered by the So- get-tough welfare policies, adopted in August from receiving food stamps, SSI, and cial Security Administration, but they come and scheduled to take effect Aug. 22. from general tax revenues, not Social Secu- Federal non-emergency Medicaid bene- The changes, aimed at saving the federal rity taxes. fits. The bill also gives States the op- government $9 billion over four years, will Boyack, who worked off the books as a tion to ban legal immigrants from cut off all but a narrow sector or noncitizen nanny, never paid federal income taxes. State Medicaid services and temporary immigrants from SSI. Lopez did, but not for the required 10 years. assistance to needy families (formerly Similar cuts are looming in the food Neither woman’s husband ever came to the stamp, Medicaid and Aid to Families With United States, so they cannot be counted in AFDC). Dependent Children programs. In the past 2 months, we have begun the work experience minimum; both men are Congress enacted the cutbacks in an effort deceased. to see the harsh impact of this bill on to slow so-called chain migration, which oc- Activists say women like Lopez and legal immigrant families in all parts of curs when immigrants who obtain citizen- Boyack are victims of flawed reasoning be- the country. Many face being turned ship petition to bring elderly family mem- hind welfare cuts for immigrants, a popu- out of nursing homes, and cut off from bers to America from their home country. lation that frequently works off the books or disability payments. These human The elderly relatives often have a few wage- has not been in the United States long earning and taxpaying years ahead of them enough to draw meaningful Social Security tragedies will only continue to grow in and little means of support from their spon- number and severity without congres- benefits, SSI becomes their only alternative, sors. by default. sional action. ‘‘We are paying for the sinners who abuse That option is about to disappear. Last month, President Clinton pro- the system,’’ Jose Lopez said. ‘‘I feel very worried and sad,’’ said posed some changes to the law to pre- Congress also made sponsors’ pledges of Lucrecia Lopez. ‘‘I asked myself, ‘How am I vent these harsh effects. I urge Con- support as legally binding as a contract and going to support myself?’ And so many peo- gress to act quickly on these proposals, increased the period of time in which the ple are having the same thing happen.’’ SSI sponsors’ income can be considered in calcu- and Welfare law. and I ask unanimous consent that re- lating the new immigrant’s need for federal cent news stories on this crisis may be Supplemental Security Income was estab- aid. lished in 1974 to provide monthly payments ECORD In part, the moves were inspired by statis- printed in the R . for the aged, blind and disabled. It is run by tics showing that the number of immigrants There being no objection, the mate- the Social Security Administration, but using welfare programs has greatly in- rial was ordered to be printed in the draws its resource from general tax reve- creased. For example, the number or immi- RECORD, as follows: nues. SSI pays out about $2.4 billion per grants receiving SSI quadrupled in a decade [From Newsday, Feb. 28, 1997] month to nearly 6 million beneficiaries. ending in 1993, and immigrants rose from 4 Nationwide, 12 percent of those recipients ON THEIR OWN—ELDERLY, AILING NONCITIZENS percent of all SSI clients to more than 11 are legal immigrants, or were when they ap- FACE LOSS OF FEDERAL BENEFITS percent over that time period, according to plied for SSI benefits. On Long Island, 19.8 (By Geoffrey Mohan) the General Accounting Office, Congress’ in- percent of recipients are legal immigrants, Gladys Boyack will be 106 by the time vestigative arm. or were when they applied. tough new federal regulations on welfare go ‘‘The SSI system is available to people who Nationwide, 522,000 immigrant SSI recipi- in to effect in August. come to this country and never pay into the ents could become ineligible under welfare She’ll also find herself cut from the rolls of system and didn’t work,’’ said Dan Stein, ex- revisions to take effect in August. On Long a federal program designed to be a safety net ecutive director of the Federation for Amer- Island, 4,929 are likely to lose SSI. An addi- for the elderly, disabled and blind. ican Immigration Reform, which supported tional 2,552 will be asked to show evidence of A British citizen who has lived in the the welfare revisions. eligibility, but are not considered in jeop- But Stein acknowledged that Congress United States for 40 years, working most of ardy. may not have intended to pull the safety net those years as a nanny, Boyack never ap- According to the Social Security Adminis- away from unemployable immigrants over plied for U.S. citizenship. Now, the Islip resi- tration, welfare changes will cut off all non- age 64 who worked and paid taxes. citizen immigrants from SSI benefits except: dent regrets her omission; welfare regula- ‘‘The fact that there are tough cases out Refugees and immigrants granted asylum, tions enacted by Congress are expected to there has underscored the need for some who are eligible only for the first five years cut nearly 5,000 elderly, blind and disabled grandfathering of hardship cases,’’ Stein after arrival. immigrants on Long Island from Supple- said. ‘‘But we won’t support this if we en- mental Security Income rolls. All of them Immigrants whose deportation has been courage more chain immigration.’’ suspended; eligibility is limited to the first are legal permanent residents, a status that On this point only, Stein agrees with activ- five years after arrival. is a step below citizenship. ists like Margie McHugh, executive director Certain active-duty military personnel, in- Among them is Lucrecia Lopez, 75, of Free- of the New York Immigration Coalition. ‘‘We cluding honorably discharged veterans, their port, a Dominican immigrant who has been still don’t believe the American people really in Freeport for 17 years and labored for eight spouses and dependent children. intended to throw elderly people out onto Permanent residents who can document 10 years in a local factory assembling artificial the street in the name of welfare reform,’’ Christmas trees. years of work by themselves or in conjunc- she said. tion with a spouse. * * * Immigrants and SSI Boyack and Lopez received letters this ‘‘No one that I know of argues with the Percent of SSI recipients who are classified month saying they will lose their monthly idea of people being responsible for the folks by the Social Security Administration as payments—$556 and $570, respectively—be- they bring into the country, but I think that legal immigrants: cause neither became a citizen during their for immigrants, like everyone else, unfore- stay in the United States. seen things happen,’’ McHugh added. WELFARE REFORM STARTS HITTING HOME ‘‘I couldn’t believe it when I got that let- Federal officials have since loosened citi- ter,’’ said Susan Levin, Boyack’s zenship rules for the disabled, but have not (By Kathy Matheson) granddaughther, who takes care of Boyack moved to reinstate benefits to unforeseen Changes mandated by federal welfare re- in a first-floor apartment at Levin’s house. hardship cases, McHugh said. form are beginning to ripple slowly through ‘‘There’s nothing we can do. The last check Pro-immigration activists like McHugh Montgomery County, but not slowly enough will come in July.’’ worry that the philosophical shift from fed- for Silver Spring resident Marta Medina.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2127 Medina, who came to America in 1987 after who is unemployed but does not receive SSI, Mendez said he is urging concerned recipi- fleeing civil war and communism back home has been here since 1989. ents, some of whom have lived in the United in Nicaragua, received notice earlier this Marta Medina said she knows education States for 20 or 30 years, to earn their U.S. month that her Supplemental Security In- and work are needed to get ahead in Amer- citizenship. come benefits will end in August unless she ica, and she’d like to take training courses ‘‘I refer a lot of them to the public library becomes an American citizen or meets one of for home health care workers offered by the for their citizenship program,’’ Mendez said. five other narrow criteria. county’s Workforce Development Corp., for- He’s been told it takes about eight months Medina has received SSI checks for three merly called the Private Industry Council. from the time a person applies until he or years since breaking her arm and injuring But Medina said that as a result of her she meets the citizenship requirements. her back while working at a hotel in San An- emotional problems and injuries from her As well, the person must have been a per- tonio. SSI, which is run by the Social Secu- hotel job, she hasn’t felt well enough to en- manent U.S. resident for five years. Those rity Administration, is a federal assistance roll in job training or English classes, or to married to a citizen can apply after three program for elderly and disabled people with study for the citizenship test. years. Mendez said he’s heard from worried resi- low incomes. Some experts argue that the test, which dents who say they will have to give up their Through an interpreter, Medina said she requires knowledge of the English language independence and move in with a family needs the monthly $484 SSI check she re- as well as American government, is not dif- member, while others will be left with no ceives from the government to buy medica- ficult to pass—especially for someone who choice but to leave Nogales and move to tion for lingering physical and emotional has been here as long as Medina. ‘‘The language exams are extraordinarily Mexico. problems she suffered as a result of the acci- For additional information, call the Social easy,’’ said Robert Rector of the Heritage dent. She is currently unemployed. Security Administration at 1–800–772–1213. To find out how she may still qualify for Foundation, a conservative think tank based disability benefits, Medina and her husband, in Washington. ‘‘The language exam does not f Luis, met with SSI officials last week at a pose much of a barrier, partly because you TRIBUTE TO SENATOR WENDELL special office in Wheaton Plaza. can take it over and over and over.’’ H. FORD OF KENTUCKY ‘‘We want to know what we can do,’’ said Rector was a major congressional adviser Luis Medina. during the welfare reform debate in 1996. Ms. MIKULSKI. Mr. President, with The Medinas are not alone. Under the Wel- When the law was finally signed, Clinton was sadness, I rise today to pay tribute to fare Reform Act signed by President Clinton criticized for excluding legal residents from a remarkable Member of this body and last year, most legal immigrants are no SSI benefits, since many have worked and a very dear friend, the senior Senator longer eligible for SSI. paid taxes for years just like U.S. citizens. from Kentucky, WENDELL FORD. Sen- Some states, including Maryland, are con- Approximately 4,000 Montgomery County ator FORD has announced his retire- sidering picking up the tab for immigrant immigrant residents receive SSI checks each ment after a third of a century in pub- month, and they, too, will be getting notifi- residents denied SSI. Margenau said there cation letters soon. About 400 letters are are 9,645 immigrant SSI recipients in Mary- lic service, including the last 22 years going out each week, and recipients have 90 land—about half of whom live in Mont- in the U.S. Senate. When WENDELL days to respond and have their eligibility re- gomery County—receiving average monthly FORD leaves the Senate at the end of evaluated. benefits of $345. next year to return to his family and To meet the anticipated response, officials Gov. Parris N. Glendening has said he his beloved Kentucky, I will miss his at the Wheaton Social Security office have wants to continue food and medical support leadership and his friendship tremen- leased a former Crestar Bank facility at for children of legal immigrants who would dously. Wheaton Plaza and staffed it with five new otherwise be cut off, Glendening spokesman For the past 3 years, it has been my workers to evaluate cases like Medina’s. Ray Feldmann said. The governor appointed a Task Force on pleasure to serve with Senator FORD in Rich Fenton, manager of the Wheaton of- the Democratic leadership in my ca- fice, said the temporary site currently han- the Loss of SSI Benefits for Legal Immi- dles about 25 to 30 people per day. But he ex- grants in Maryland, which issued a draft re- pacity as conference secretary. Since pects visits from as many as 50 to 60 people port Feb. 6. Its findings have not yet been 1990 Senator FORD has served in the each day as more residents are notified. made public. leadership as Democratic whip, where ‘‘I’m expecting that the volume will in- he has been an energetic leader and has crease pretty substantially,’’ Fenton said. [From the Nogales International, Feb. 21, had a positive impact on the Senate’s SSA spokesman Tom Margenau said out of 1997] agenda. During the years I have served 6.5 million SSI recipients nationwide, ap- HUNDREDS OF NON-CITIZENS HERE LEGALLY with him I have appreciated his good proximately 900,000 are legal immigrants. FACE AID LOSS advice and his no-nonsense style. Sen- Benefit checks will stop flowing to an esti- (By Kathy Vandervoet) ator FORD’s insights into the issues and mated 500,000 of those, according to federal Hundreds of non-citizens living legally in problems we address in the Senate, as officials, resulting in government savings of Nogales or other Santa Cruz County commu- $9.9 billion through 2002. well as his good word, have made him nities will lose their supplemental Social Se- a valuable and trusted leader. Our lead- The government also will save money by curity income this summer under the new cracking down on SSI fraud, officials said. federal welfare reform law. ership, the Senate, and most of all the SSA’s Office of the Inspector General closed They will no longer be eligible for food State of Kentucky have greatly bene- 833 fraud cases in fiscal 1996, spokesman Dan stamps, cash welfare, Medicaid and dis- fited from his service. Devlin said. ability. Throughout his career in public serv- States also may save money when immi- Roberto Mendez, manager of the Nogales ice, Senator FORD has remained true to grants lose their SSI benefits. As non-citizen Social Security Administration office, said his constituents by being a strong ad- residents are removed from SSI, Margenau there are 1,300 individuals receiving the sup- vocate for his home State of Kentucky. said most also will lose Medicaid benefits, plemental payments. which come from a state program adminis- Of those, 475 are legal residents, but not He knows that a Senator’s ultimate re- tered through the county Department of citizens of the United States. All are subject sponsibility is to the people of his Health and Human Services. to losing their monthly benefits checks in State. As a result of his advocacy and Local officials are unsure how many people about four months, he said. his honesty, Kentucky voters have re- may be dropped. ‘‘But there aren’t going to be that many. turned him to Washington three times ‘‘We don’t have a good sense yet of what There will be exceptions,’’ Mendez said. with landslide election victories. the numbers are,’’ said Corinne Stevens, It’s up to the men and women to visit the Senator FORD has also served as an chief of Montgomery County’s Crisis, Income office, located at 441 No. Grand Ave., to de- advocate for the Senate. As chairman and Victim Services. ‘‘So many people, if termine if they fit under the exceptions of the Rules Committee he has helped they’re able to, are really moving toward clause. citizenship.’’ The 475 recipients are being notified by a ensure the smooth operation of the Marta Medina said she would like to be a letter, which are being sent out in weekly Senate and has been a leader in looking U.S. citizen, especially since Helane batches. Some will receive their letter ear- for ways to make the Senate work DiGravio, an interpreter and manager of the lier than others, Mendez said. more efficiently. As a member of the temporary SSI site in Wheaton, said it They then have 90 days to comply if they Committees on Commerce, Science, doesn’t look like Medina will qualify for SSI want to retain their monthly check. and Transportation, as well as Energy any other way. Those who will qualify for continued aid and Natural Resources, Senator FORD ‘‘She’s going to apply for citizenship, but have worked and earned 40 quarters of cov- she knows it’ll take a while,’’ DiGravio said. erage, Mendez said. has been at the center of many of our Medina, who holds a college degree from a It can be the individual, a parent, a hus- most important national debates. university in Guatemala, has lived in the band, a wife or the combination of a couple’s I believe that I speak for all of my United States for 10 years, twice as long as work to arrive at the 40 quarters total, he colleagues when I say that the depar- needed to become a citizen. Her husband, said. ture of Senator FORD will leave a huge

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2128 CONGRESSIONAL RECORD — SENATE March 11, 1997 void in this institution. He has been an One year ago, March 10, 1996, the Fed- ment of Agriculture, transmitting, pursuant effective leader, a strong legislator, a eral debt stood at $5,017,404,000,000. to law, the report of a rule relative to quar- fearless defender of his State, and a Five years ago, March 10, 1992, the antine regulations, received on March 7, 1997; to the Committee on Agriculture, Nutrition, good friend. As he approaches retire- Federal debt stood at $3,848,675,000,000. and Forestry. ment, I want to thank WENDELL FORD Ten years ago, March 10, 1987, the EC–1349. A communication from the Assist- for his service to his country and con- Federal debt stood at $2,249,369,000,000. ant Secretary for Human Resources and Ad- gratulate him for his extraordinary ca- Fifteen years ago, March 10, 1982, the ministration, Department of Energy, trans- reer. We will truly miss him. Federal debt stood at $1,048,663,000,000 mitting, pursuant to law, the 1996 annual re- which reflects a debt increase of more port under the Freedom of Information Act; f to the Committee on the Judiciary. than $4 trillion, $4,305,667,021,048.50 dur- EC–1350. A communication from the Direc- THE 86TH BIRTHDAY OF ARNOLD ing the past 15 years. ARONSON tor of Fiscal Services, Department of the In- f terior, transmitting, pursuant to law, the re- Mr. LEAHY. Mr. President, I come to port under the Freedom of Information Act the Senate floor to wish Arnie Aronson MESSAGES FROM THE PRESIDENT for calendar year 1996; to the Committee on a happy 86th birthday and to commend Messages from the President of the the Judiciary. him on his many achievements. United States were communicated to EC–1351. A communication from the Sec- retary of Veterans’ Affairs, transmitting, Arnie has been working for civil the Senate by Mr. Williams, one of his pursuant to law, the report under the Free- rights for over 50 years. He began at a secretaries. dom of Information Act for calendar year time when help wanted ads openly EXECUTIVE MESSAGES REFERRED 1996; to the Committee on the Judiciary. specified ‘‘Gentile only’’ or ‘‘Irish need As in executive session the Presiding EC–1352. A communication from the Assist- not apply.’’ In the early 1940’s he orga- ant Secretary of the Commodity Futures Officer laid before the Senate messages Trading Commission, transmitting, pursuant nized a coalition of religious, ethnic, from the President of the United civil rights, social welfare, and labor to law, the report under the Freedom of In- States submitting sundry nominations formation Act for calendar year 1996; to the organizations into the Chicago Council which were referred to the appropriate Committee on the Judiciary. Against Religious and Racial Discrimi- committees. EC–1353. A communication from the Presi- nation. By 1950 he was working with (The nominations received today are dent and Chairman of the Export-Import Roy Wilkins and many others to orga- printed at the end of the Senate pro- Bank, transmitting, pursuant to law, the 1996 annual report of the Bank under the nize support for President Truman’s ceedings.) proposed civil rights effort and engi- Freedom of Information Act; to the Com- f mittee on the Judiciary. neered the combination of national or- EC–1354. A communication from the Presi- ganizations that created the Leader- EXECUTIVE AND OTHER dent and Chairman of the Export-Import ship Conference on Civil Rights. COMMUNICATIONS Bank, transmitting, pursuant to law, the He and the leadership Conference The following communications were 1995 annual report of the Bank under the were instrumental in the enactment of laid before the Senate, together with Freedom of Information Act; to the Com- mittee on the Judiciary. the first extensive Federal civil rights accompanying papers, reports, and doc- laws since Reconstruction, the land- EC–1355. A communication from the Gen- uments, which were referred as indi- eral Counsel of the Federal Emergency Man- mark 1964 Civil Rights Act, the funda- cated: agement Agency, transmitting, pursuant to mental Voting Rights Act of 1965, and EC–1342. A communication from the Acting law, the report under the Freedom of Infor- the pivotal Fair Housing Act of 1968. Architect of the Capitol, transmitting, pur- mation Act for calendar year 1996; to the They have been critical to our civil suant to law, the report of all expenditures Committee on the Judiciary. rights efforts at every turn every since. from April 1 through September 30, 1996; to EC–1356. A communication from the Chair- The statement of purpose he drafted the Committee on Appropriations. man of the National Endowment for the for the Leadership Conference says a EC–1343. A communication from the Ad- Arts, transmitting, pursuant to law, the re- port under the Freedom of Information Act great deal about this extraordinary ministrator of the Food and Consumer Serv- ice, Department of Agriculture, transmit- for calendar year 1996; to the Committee on man and his dedication to the rights of the Judiciary. all: ting, pursuant to law, the report of a rule relative to Child Nutrition Programs, EC–1357. A communication from the Gen- We are committed to an integrated, demo- (RIN0584–AC15) received on March 10, 1997; to eral Counsel of the National Science Founda- cratic, plural society in which every indi- the Committee on Agriculture, Nutrition, tion, transmitting, pursuant to law, the re- vidual is accorded equal rights, equal oppor- and Forestry. port under the Freedom of Information Act tunities and equal justice and in which every EC–1344. A communication from the Acting for calendar year 1996; to the Committee on group is accorded an equal opportunity to Executive Director of the Commodity Fu- the Judiciary. EC–1358. A communication from the Direc- enter fully into the general life of the soci- tures Trading Commission, transmitting, tor of the Office of Personnel Management, ety with mutual acceptance and regard for pursuant to law, the report of a rule relative transmitting, pursuant to law, the report difference. to approval of applications, received on under the Freedom of Information Act for March 10, 1997; to the Committee on Agri- Arnie went on to help organize cler- calendar year 1996; to the Committee on the culture, Nutrition, and Forestry. gy, churches, and synagogues. He was a Judiciary. founding member of the National EC–1345. A communication from the Acting EC–1359. A communication from the Ad- Urban Coalition and a charter member Executive Director of the Commodity Fu- ministrator of the Small Business Adminis- tures Trading Commission, transmitting, of Common Cause. In the last 10 years, tration, transmitting, pursuant to law, the pursuant to law, the report of a rule relative report under the Freedom of Information Act while well in his 70’s, he assumed the to financial reports, received on March 10, presidency of the Leadership Con- for calendar year 1996; to the Committee on 1997; to the Committee on Agriculture, Nu- the Judiciary. ference Education Fund and helped in- trition, and Forestry. EC–1360. A communication from the Acting vigorate its educational and public EC–1346. A communication from the Acting Executive Director of the Thrift Depositor service activities. Executive Director of the Commodity Fu- Protection Oversight Board, transmitting, While he gave leadership and inspira- tures Trading Commission, transmitting, pursuant to law, the report under the Free- tion to the country he never forgot his pursuant to law, the report of a rule relative dom of Information Act for calendar year to contract market review, received on family. I know the influence he had on 1996; to the Committee on the Judiciary. March 10, 1997; to the Committee on Agri- EC–1361. A communication from the Sec- his niece and nephew, Jenette and Si culture, Nutrition, and Forestry. retary of Defense, transmitting, pursuant to Kahn. EC–1347. A communication from the Con- law, the notice concerning a retirement; to Their lives were changed as were gressional Review Coordinator of the Animal the Committee on Armed Services. ours. I wish him a happy birthday. and Plant Health Inspection Service, Depart- EC–1362. A communication from the Acting ment of Agriculture, transmitting, pursuant f General Counsel of the Federal Emergency to law, the report of a rule relative to brucel- Management Agency, transmitting, pursuant THE VERY BAD DEBT BOXSCORE losis in cattle, received on March 6, 1997; to to law, a rule entitled ‘‘National Flood In- the Committee on Agriculture, Nutrition, Mr. HELMS. Mr. President, at the surance Program’’ (RIN3067–AC54) received and Forestry. on March 6, 1997; to the Committee on Bank- close of business yesterday, Monday, EC–1348. A communication from the Con- ing, Housing, and Urban Affairs. March 10, the Federal debt stood at gressional Review Coordinator of the Animal EC–1363. A communication from the Acting $5,354,330,021,048.50. and Plant Health Inspection Service, Depart- Secretary of Labor, transmitting, pursuant

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to law, the report relative to Regular Trade Review Commission, transmitting, pursuant Mr. BREAUX, Mr. HELMS, Mr. WYDEN, Adjustment Assistance for fiscal year 1997; to law, the annual report on the system of Mr. KERREY, Mr. FAIRCLOTH, Ms. to the Committee on Finance. internal accounting and financial controls in MOSELEY-BRAUN, Mr. BINGAMAN, and EC–1364. A communication from the Direc- effect during fiscal year 1996 and the report Mr. DORGAN): tor of the U.S. Information Agency, trans- of the Office of Inspector General for the pe- S. 419. A bill to provide surveillance, re- mitting, a draft of proposed legislation to riod April 1 through September 30, 1996; to search, and services aimed at prevention of authorize appropriations for fiscal years 1998 the Committee on Governmental Affairs. birth defects, and for other purposes; to the and 1999; to the Committee on Foreign Rela- EC–1378. A communication from the Direc- Committee on Labor and Human Resources. tions. tor of the Office of Government Ethics, By Mr. DORGAN (for himself and Mr. EC–1365. A communication from the Sec- transmitting, pursuant to law, a rule enti- BUMPERS): retary of Health and Human Services, trans- tled ‘‘Executive Agency Ethics Training Pro- S. 420. A bill to amend the Internal Rev- mitting, pursuant to law, a rule entitled gram Regulation Amendments’’ (RIN3209– enue Code of 1986 to phase in by the year 2000 ‘‘The National Vaccine Injury Compensation AA07) received on March 6, 1997; to the Com- a 100 percent deduction for the health insur- Program’’ (RIN0906–AA36) received on March mittee on Governmental Affairs. ance costs of self-employed individuals; to 10, 1997; to the Committee on Labor and EC–1379. A communication from the the Committee on Finance. Human Resources. Human Resources Manager of CoBank, trans- By Mr. LAUTENBERG: EC–1366. A communication from the Con- mitting, pursuant to law, the annual report S. 421. A bill to amend title 35, United gressional Affairs Officer of the Federal for calendar year 1995; to the Committee on States Code, to establish the Patent and Election Commission, transmitting, an er- Governmental Affairs. Trademark Office as a Government corpora- rata sheet; to the Committee on Rules and EC–1380. A communication from the Execu- tion, and for other purposes; to the Com- Administration. mittee on the Judiciary. EC–1367. A communication from the Sec- tive Director of the D.C. Financial Responsi- By Mr. DOMENICI (for himself, Mr. retary of Veterans’ Affairs, transmitting, bility and Management Assistance Author- JEFFORDS, and Mr. DODD): pursuant to law, the annual report for fiscal ity, transmitting, pursuant to law, a report S. 422. A bill to define the circumstances year 1996; to the Committee on Veterans’ Af- concerning procurement; to the Committee under which DNA samples may be collected, fairs. on Governmental Affairs. EC–1368. A communication from the Man- EC–1381. A communication from the Chief stored, and analyzed, and genetic informa- aging Director of the Federal Communica- Financial Officer of the Export-Import Bank, tion may be collected, stored, analyzed, and tions Commission, transmitting, pursuant to transmitting, pursuant to law, a report for disclosed, to define the rights of individuals law, the report of rules received on March 6, fiscal year 1996; to the Committee on Gov- and persons with respect to genetic informa- 1997; to the Committee on Commerce, ernmental Affairs. tion, to define the responsibilities of persons Science, and Transportation. EC–1382. A communication from the Assist- with respect to genetic information, to pro- EC–1369. A communication from the Gen- ant Attorney General for Administration, tect individuals and families from genetic eral Counsel of the Department of Transpor- Department of Justice, transmitting, pursu- discrimination, to establish uniform rules tation, transmitting, pursuant to law, the re- ant to law, a report relative to the correc- that protect individual genetic privacy, and port of twenty rules including a rule relative tional complex in Lorton, Virginia; to the to establish effective mechanisms to enforce to Airworthiness Directives (RIN2120–AA64, Committee on Governmental Affairs. the rights and responsibilities established AA65, AA66, AE47, AE92); to the Committee EC–1383. A communication from the Coun- under this Act; to the Committee on Labor on Commerce, Science, and Transportation. cil of the District of Columbia, transmitting, and Human Resources. EC–1370. A communication from the Sec- pursuant to law, copies of D.C. Act 11–533 By Mr. ROBB (for himself and Mr. retary of Commerce, transmitting, pursuant adopted by the Council on January 7, 1997; to WARNER): to law, the annual report of the Visiting the Committee on Governmental Affairs. S. 423. A bill to extend the legislative au- Committee on Advanced Technology of the EC–1384. A communication from the Coun- thority for the Board of Regents of Gunston National Institute of Standards and Tech- cil of the District of Columbia, transmitting, Hall to establish a memorial to honor George nology for 1996; to the Committee on Com- pursuant to law, copies of D.C. Act 11–534 Mason; to the Committee on Energy and merce, Science, and Transportation. adopted by the Council on January 7, 1997; to Natural Resources. EC–1371. A communication from the Na- the Committee on Governmental Affairs. By Mr. MURKOWSKI (for himself and tional Marine Fisheries Service, National EC–1385. A communication from the Coun- Mr. STEVENS): Oceanic and Atmospheric Administration, cil of the District of Columbia, transmitting, S. 424. A bill to adjust the Federal medical Department of Commerce, transmitting, pur- pursuant to law, copies of D.C. Act 12–15 assistance percentage determined for Alaska suant to law, five rules including a rule enti- adopted by the Council on February 4, 1997; under the medicaid program to reflect Alas- tled ‘‘American Lobster Fishery’’ (RIN0648– to the Committee on Governmental Affairs. ka’s cost-of-living; to the Committee on Fi- XX81, AJ48, XX72); to the Committee on EC–1386. A communication from the Coun- nance. Commerce, Science, and Transportation. cil of the District of Columbia, transmitting, By Mr. ROTH (for himself and Mr. EC–1372. A communication from the Assist- pursuant to law, copies of D.C. Act 12–5 MOYNIHAN): ant Secretary of the Army (Civil Works), adopted by the Council on February 4, 1997; S. 425. A bill to provide for an accurate de- transmitting, pursuant to law, a report rel- to the Committee on Governmental Affairs. termination of the cost of living; to the Com- ative to a program for flood damage reduc- mittee on Finance. f tion; to the Committee on Environment and f Public Works. EXECUTIVE REPORTS OF EC–1373. A communication from the Direc- COMMITTEES STATEMENTS ON INTRODUCED tor of the Office of Regulatory Management BILLS AND JOINT RESOLUTIONS and Information, U.S. Environmental Pro- The following executive reports of tection Agency, transmitting, pursuant to committees were submitted: By Mr. BOND (for himself, Mr. LOTT, Mr. HOLLINGS, Mr. law, five rules including a rule entitled By Mr. THURMOND, from the Committee ‘‘Clofencet’’ (FRL5679–4, 5591–9, 5593–1, 5592–2, on Armed Services: HUTCHINSON, Mr. COCHRAN, Mr. 5591–7) received on March 6, 1997; to the Com- Keith R. Hall, of Maryland, to be an Assist- KOHL, Mr. INOUYE, Mr. MOY- mittee on Environment and Public Works. ant Secretary of the Air Force. NIHAN, Mr. CHAFEE, Mr. EC–1374. A communication from the Gen- (The above nomination was reported DASCHLE and Mr. BREAUX): eral Counsel of the Department of Transpor- S. 419. A bill to provide surveillance, tation, transmitting, pursuant to law, a rule with the recommendation that he be entitled ‘‘Truck Size and Weight’’ (RIN2125– confirmed, subject to the nominee’s research, and services aimed at preven- AE08) received on March 6, 1997; to the Com- commitment to respond to requests to tion of birth defects, and for other pur- mittee on Environment and Public Works. appear and testify before any duly con- poses; to the Committee on Labor and EC–1375. A communication from the Acting stituted committee of the Senate.) Human Resources. Director of the Fish and Wildlife Service, De- THE BIRTH DEFECTS PREVENTION ACT OF 1997 partment of the Interior, transmitting, pur- f suant to law, a rule entitled ‘‘Endangered Mr. BOND. Mr. President, I rise Status’’ (RIN1018–AC85) received on March INTRODUCTION OF BILLS AND today to introduce the Birth Defects 10, 1997; to the Committee on Environment JOINT RESOLUTIONS Prevention Act of 1997. I introduce this and Public Works. The following bills and joint resolu- on behalf of myself, Senators LOTT, EC–1376. A communication from the Chair- tions were introduced, read the first DASCHLE, HOLLINGS, HUTCHINSON of Ar- man of the Federal Maritime Commission, and second time by unanimous con- kansas, COCHRAN, KOHL, INOUYE, MOY- transmitting, pursuant to law, the report sent, and referred as indicated: NIHAN, CHAFEE, and BREAUX. under the Government in the Sunshine Act The March of Dimes and their volun- for calendar year 1996; to the Committee on By Mr. BOND (for himself, Mr. LOTT, Governmental Affairs. Mr. HOLLINGS, Mr. HUTCHINSON, Mr. teers are here today to lend support to EC–1377. A communication from the Chair- COCHRAN, Mr. KOHL, Mr. INOUYE, Mr. an often overlooked, but a very com- man of the Occupational Safety and Health MOYNIHAN, Mr. CHAFEE, Mr. DASCHLE, pelling health care problem in the

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2130 CONGRESSIONAL RECORD — SENATE March 11, 1997 United States today. Many people do because there are not lobbyists for since 1989, at least 30 infants in south not realize that birth defects are the those who have not yet been born who Texas had been born without or with leading cause of infant deaths in the may be at risk of birth defects, but little brain tissue. However, because United States. This year alone, an esti- there are effective spokespeople, like Texas did not have a birth defects sur- mated 150,000 babies will be born with a the March of Dimes, the American veillance program, the severity of the serious birth defect, and one out of Academy of Pediatrics, and a long list problem was not recognized until the every five of these babies will die. Na- of distinguished organizations. incidence of anencephaly was so high tionally, birth defects affect 3 percent The time has come to join with them, that it was difficult to miss. of all births, and among the babies who with the Easter Seals Society, the This tragic event in south Texas un- survive, birth defects are a significant American Hospital Association, and all derscores the need for a coordinated cause of lifelong disability. Depending of the other organizations, in devel- national effort to research the causes on the particular type of problem and oping and directing the Centers for Dis- of birth defects and to prevent such de- its severity, special medical treatment, ease Control to work with States and fects from occurring in the first place. education, rehabilitation and other local governments to survey birth de- A little prevention goes a long way in services may be required into adult- fects, to bring together the informa- preventing family pain and heartache. hood, costing billions of dollars each tion on birth defects so that research- It is up to our Nation to seize on this year. ers have a means of dealing with it. excellent opportunity to protect our A 1995 Centers for Disease Control Mr. President, birth defects are the most vulnerable resources—our chil- and Prevention report revealed that leading cause of infant death in the dren. the lifetime cost for just 18 common United States. This year alone, an esti- To achieve the goal of protecting our birth defects occurring in a single year mated 150,000 babies will be born with a Nation’s kids, this legislation does sev- is $8 billion. Yet, only about 22 percent serious birth defect, and 1 out of every eral things. of those born with birth defects are in- 5 of these babies will die. First, the bill provides Federal cluded in these figures. And, of course, In addition, birth defects affect 3 per- grants to State health authorities for it is impossible to measure the pain cent of all births nationally. the purpose of collecting, analyzing, and the heartache that birth defects Among babies who survive, birth de- and reporting birth defects statistics. cause. fects are a significant cause of lifelong Today, only about half of the States Let me share with you just a couple disability. Depending on the particular have some kind of birth defects surveil- of experiences I have had in Missouri. I type of problem and its severity, spe- lance system. have worked for a long time to improve cial medical treatment, education, re- Second, this legislation calls for the children’s health. I appropriated money habilitation, and other services may be establishment of at least five regional in the early 1970’s in Missouri to fund required into adulthood—costing bil- centers of birth defects prevention re- the high-cost, but highly effective, neo- lions of dollars each year. search. These regional programs will natal care units at our hospitals. They A 1995 Centers for Disease Control collect and analyze information on the do a wonderful job of saving very-low- and Prevention report revealed that number, incidence, and causes of birth birth-weight babies and babies with se- the lifetime cost for just 18 common defects within a region as well as pro- vere defects. But that is not enough. birth defects occurring in a single year vide education and training for health We can do some things to lower the in- is $8 billion—yet only about 22 percent professionals aimed at the prevention cidence of birth defects, and birth de- of those born with birth defects are in- of birth defects. fects can strike any family. cluded in these figures. At least one of the centers will focus I know, many people say one of the And, of course, it is impossible to on birth defects among ethnic minori- real problems is we have too many measure the pain and heartache that ties. young women, often unmarried, who do birth defects cause. Third, the Centers for Disease Con- not know that you cannot use tobacco It may surprise you to learn that the trol and Prevention [CDC] is directed or alcohol or drugs during pregnancy United States does not have a coordi- to be the coordinating agency for birth without expecting a bad birth outcome. nated strategy for reducing the inci- defects prevention activities. The CDC But there are many other things that dence of birth defects. It is both shock- will serve as a clearinghouse for the we have only recently learned that are ing and disappointing how few Federal collection and storage of data gen- extremely important. Four hundred resources are devoted to prevent this erated from State and regional birth milligrams a day of folic acid, vitamin tragic, perhaps even partly preventable defects monitoring programs. B, for women of childbearing years can public health problem. Finally, grants will be available to substantially reduce the risk of a child So today, in an effort to tackle this State departments of health, univer- born with spina bifida. A very good devastating problem head on, I am in- sities, or other private, or nonprofit en- friend of ours had a child born with troducing the Birth Defects Prevention tities to develop and implement birth spina bifida. He was a wonderful young Act of 1997. Congressmen SOLOMON defect prevention strategies, such as man, but he has had to go through ORTIZ and HENRY BONILLA are simulta- programs using folic acid vitamin sup- many expensive operations. His parents neously introducing this bill in the plements to prevent spina bifida and went through much heartache, and he House of Representatives. alcohol avoidance strategies to prevent still is not able to move as the rest of This bill will prioritize our efforts fetal alcohol syndrome. us can. and make congressional intent clear— Again, when we talk about birth de- Birth defects can be dealt with if we more resources should be directed to fects, it is important to note that have a concerted national strategy to the prevention of the leading killer of many birth defects are preventable. direct the Centers for Disease Control babies, birth defects. For instance, we now know that a sim- to collect the information on birth de- An unfortunate situation in the ple 400 mg dose of the B vitamin folic fects, to provide funding and support in State of Texas a few years ago exempli- acid each day could prevent 50 to 70 research at the State level and to set fies how the lack of a birth defects pre- percent of all cases of spina bifida and up five regional centers to deal with vention strategy delayed the response anencephaly—saving about $245 million birth defects. A few years ago, the inci- to an outbreak of birth defects and annually and more importantly, saving dence of birth defects became a very may have needlessly cost innocent some families the heart ache that major concern in certain Hispanic com- lives. Health professionals in Texas ob- many of us have witnessed friends and munities in southwest Texas, and, as a served that six infants were born with families go through. result, the Hispanic caucus joined with anencephaly over a 6-week period. We must broaden public and profes- me in past years, in past sessions of Anencephaly is a fetal birth defect sional awareness of birth defects and Congress, to sponsor this legislation. characterized by an absence of brain prevention opportunities, and we must We were able to appropriate some tissue. have a coordinated national strategy moneys for the Centers for Disease The Texas Department of Health con- to achieve this goal. Control, but we have not been able to ducted a study after this information The economic and emotional burden establish a national strategy, maybe was reported. The study revealed that of birth defects on families and society

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2131 as a whole presents a vivid, human pic- lance and research efforts are under- clude facilitating the coordination of re- ture of the need for a national research developed and poorly coordinated. search and policy development to prevent and prevention strategy. SEC. 2. BIRTH DEFECTS PREVENTION AND RE- birth defects. The clearinghouse shall Although infant mortality in the SEARCH PROGRAM. disaggregate data by gender and by racial Part B of title III of the Public Health and ethnic groups, the major Hispanic sub- United States has been falling steadily Service Act (42 U.S.C. 243 et seq.) is amended groups, non-Hispanic whites, African Ameri- over the past few decades, 25 other by inserting after section 317F the following: cans, Native Americans, and Asian Ameri- countries have lower infant mortality ‘‘BIRTH DEFECTS PREVENTION AND RESEARCH cans. rates than the United States. PROGRAMS ‘‘(d) PREVENTION STRATEGIES.— This bill is an important step in im- ‘‘SEC. 317G. (a) NATIONAL BIRTH DEFECTS ‘‘(1) IN GENERAL.—The Secretary, acting proving the health of our Nation. The SURVEILLANCE PROGRAM.—The Secretary, through the Director of the Centers for Dis- tragedy of birth defects compels our acting through the Director of the Centers ease Control, shall award grants to or enter Nation to become a stronger partner for Disease Control, may award grants to, into cooperative agreements with State de- for charitable and medical groups in enter into cooperative agreements with, or partments of health, universities, or other fulfilling our obligation to protect our provide direct technical assistance in lieu of private, or nonprofit entities to enable such cash to States, State health authorities, or entities to develop, evaluate and implement Nation’s most vulnerable population. prevention strategies designed to reduce the Let us hope that more tragedies are health agencies of political subdivisions of a State for collection, analysis, and reporting incidence and effects or birth defects includ- not necessary to push Congress into ac- of birth defects statistics from birth certifi- ing— tion. cates, infant death certificates, hospital ‘‘(A) demonstration projects for the pre- This legislation has the support of records, or other sources and to collect and vention of birth defects, including— many national organizations, includ- disaggregate such statistics by gender and ‘‘(i) at least one project aimed at enhanc- ing: the March of Dimes Foundation, racial and ethnic group. ing prevention services in a ‘high-risk area’ the Spina Bifida Association of Amer- ‘‘(b) CENTERS OF BIRTH DEFECTS PREVEN- that has a proportion of birth to minority TION RESEARCH.— women above the national average, is feder- ica, American Academy of Pediatrics, ally designated as a health professional National Association of Children’s Hos- ‘‘(1) IN GENERAL.—The Secretary shall es- tablish at least five regional birth defects shortage area, and has a high incidence of pitals, the National Easter Seals Soci- monitoring and research programs for the one or more birth defects; and ety, American Association of Mental purpose of collecting and analyzing informa- ‘‘(ii) at least one outcome research project Retardation, Association of Maternal tion on the number, incidence, correlates, to study the effectiveness of infant interven- and Child Health Programs, and the and causes of birth defects, to include infor- tions aimed at amelioration of birth defects; American Hospital Association. mation regarding gender and different racial and The bill also has broad bipartisan and ethnic groups, including Hispanics, non- ‘‘(B) public information and education pro- support. Hispanic whites, African Americans, Native grams for the prevention of birth defects, in- Americans, and Asian Americans. cluding but not limited to programs aimed Let me conclude by taking special at educating women on the need to consume note of the help of the National and ‘‘(2) AUTHORITY FOR AWARDS.—For purposes of paragraph (1), the Secretary, acting the daily amount of folic acid (pteroylmon Missouri March of Dimes, as well as through the Director of the Centers for Dis- oglutomic acid) as recommended by the Pub- numerous health and child advocate or- ease Control, may award grants or enter into lic Health Service and preventing alcohol ganizations, for their assistance in de- cooperative agreements with State depart- and illicit drug use during pregnancy in a veloping and advocating this legisla- ments of health, universities, or other pri- manner which is sensitive to the cultural tion. Specifically, I wish to thank Dr. vate, nonprofit entities engaged in research and linguistic context of a given community. Jennifer Howse, Jo Merrill, and Marina to enable such entities to serve as Centers of ‘‘(2) CONSULTATION.—In carrying out pro- Birth Defects Prevention Research. grams under this subsection, the Secretary, Weiss of the March of Dimes for their acting through the Centers for Disease Con- persistence and commitment to this ‘‘(3) APPLICATION.—To be eligible for grants or cooperative agreements under paragraph trol and Prevention, shall consult with State endeavor. (2), the entity shall prepare and submit to and local governmental agencies, managed Mr. President, I send a copy of the the Secretary an application at such time, in care organizations, nonprofit organizations, bill to the desk and ask unanimous such manner and containing such informa- physicians, and other health professionals consent that it be printed in the tion as the Secretary may prescribe, includ- and organizations. RECORD. ing assurances that— ‘‘(e) ADVISORY COMMITTEE.— There being no objection, the bill was ‘‘(A) the program will collect, analyze, and ‘‘(1) ESTABLISHMENT OF COMMITTEE.—The ordered to be printed in the RECORD, as report birth defects data according to guide- Secretary shall establish an Advisory Com- follows: lines prescribed by the Director of the Cen- mittee for Birth Defects Prevention (in this ters for Disease Control; subsection referred to as the ‘Committee’). S. 419 ‘‘(B) the program will coordinate States The Committee shall provide advice and rec- Be it enacted by the Senate and House of Rep- birth defects surveillance and prevention ef- ommendations on prevention and ameliora- resentatives of the United States of America in forts within a region; tion of birth defects to the Secretary and the Congress assembled, ‘‘(C) education, training, and clinical skills Director of the Centers for Disease Control. SECTION 1. SHORT TITLE; FINDINGS. improvement for health professionals aimed ‘‘(2) FUNCTIONS.—With respect to birth de- (a) SHORT TITLE.—This Act may be cited as at the prevention and control of birth defects fects prevention, the Committee shall— the ‘‘Birth Defects Prevention Act of 1997’’. will be included in the program activities; ‘‘(A) make recommendations regarding (b) FINDINGS.—The Congress makes the fol- ‘‘(D) development and evaluation of birth prevention research and intervention prior- lowing findings: defects prevention strategies will be included ities; (1) Birth defects are the leading cause of in the program activities, as appropriate; ‘‘(B) study and recommend ways to prevent infant mortality, directly responsible for one and birth defects, with emphasis on emerging out of every five infant deaths. ‘‘(E) the program funds will not be used to technologies; (2) Thousands of the 150,000 infants born supplant or duplicate State efforts. ‘‘(C) identify annually the important areas with a serious birth defect annually face a ‘‘(4) CENTERS TO FOCUS ON RACIAL AND ETH- of government and nongovernment coopera- lifetime of chronic disability and illness. NIC DISPARITIES IN BIRTH DEFECTS.—One of tion needed to implement prevention strate- (3) Birth defects threaten the lives of in- the Centers of Birth Defects Prevention Re- gies; fants of all racial and ethnic backgrounds. search shall focus on birth defects among ‘‘(D) identify research and prevention However, some conditions pose excess risks ethnic minorities, and shall be located in a strategies which would be successful in ad- for certain populations. For example, com- standard metropolitan statistical area that dressing birth defects disparities among the pared to all infants born in the United has over a 60 percent ethnic minority popu- major Hispanic subgroups, non-Hispanic States, Hispanic-American infants are more lation, is federally designated as a health whites, African Americans, Native Ameri- likely to be born with anencephaly spina professional shortage area, and has an inci- cans, and Asian Americans; and bifida and other neural tube defects and Afri- dence of one or more birth defects more than ‘‘(E) review and recommend policies and can-American infants are more likely to be four times the national average. guidance related to birth defects research born with sickle-cell anemia. ‘‘(c) CLEARINGHOUSE.—The Centers for Dis- and prevention. (4) Birth defects can be caused by exposure ease Control shall serve as the coordinating ‘‘(3) COMPOSITION.—The Committee shall be to environmental hazards, adverse health agency for birth defects prevention activities composed of 15 members appointed by the conditions during pregnancy, or genetic through establishment of a clearinghouse for Secretary, including— mutations. Prevention efforts are slowed by the collection and storage of data and gen- ‘‘(A) four health professionals, who are not lack of information about the number and erated from birth defects monitoring pro- employees of the United States, who have ex- causes of birth defects. Outbreaks of birth grams developed under subsections (a) and pertise in issues related to prevention of or defects may go undetected because surveil- (b). Functions of such clearinghouse shall in- care for children with birth defects;

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2132 CONGRESSIONAL RECORD — SENATE March 11, 1997 ‘‘(B) two representatives from health pro- THE HEALTH INSURANCE COST TAX EQUITY ACT to provide assurance to the Office’s fessional associations; OF 1997 users that their fees will only be ap- ‘‘(C) four representatives from voluntary ∑ Mr. DORGAN. Mr. President, today I plied toward Patent and Trademark Of- health agencies concerned with conditions rise to introduce the Health Insurance fice purposes and additional protec- leading to birth defects or childhood dis- Cost Tax Equity Act of 1997, which is tions to the Office’s employees. ability; ‘‘(D) five members of the general public, of legislation to finally put our Nation’s Our country’s Patent and Trademark whom at least three shall be parents of chil- sole proprietors on par with their larg- Office is one of the finest in the world. dren with birth defects or persons having er corporate competitors with respect It has been and continues to be inte- birth defects; and to the tax treatment of health insur- gral to America’s competitiveness and ‘‘(E) representatives of the Public Health ance costs. economic growth. It is no exaggeration Service agencies involved in birth defects re- Last summer in the Health Insurance to state that tens of millions of jobs search and prevention programs and rep- Portability and Accountability Act, have been created as a result of the resentatives of other appropriate Federal Congress took a great stride in address- PTO’s actions. I have seen first-hand agencies, including but not limited to the ing one of urgent tax matters facing the benefits of this Office in my home Department of Education and the Environ- State of New Jersey, which although it mental Protection Agency, shall be ap- our family farmers and ranchers. This pointed as ex officio, liaison members for act, which was passed by Congress and is the ninth most populated State in purposes of informing the Committee regard- signed into law by the President, in- the Union, receives the third largest ing Federal agency policies and practices; cluded a proposal to increase the number of patents per capita. Despite ‘‘(4) STRUCTURE.— amount that farmers, ranchers and the comparative quality of work of the ‘‘(A) TERM OF OFFICE.—Appointed members other sole proprietors may deduct for current PTO, laws and regulations out- of the Committee shall be appointed for a their health insurance costs to 80 per- side of the control of the PTO’s man- term of office of 3 years, except that of the cent by the year 2006, a significant im- agement have prevented it from being members first appointed, 5 shall be ap- as efficient as it should be, and as its pointed for a term of 1 year, 5 shall be ap- provement from its current level of 40 percent. users deserve. And unless remedied by pointed for a term of 2 years, and 5 shall be legislation, certain circumstances that appointed for a term of 3 years, as deter- But we cannot stop at this point. It is I will detail below will cause PTO’s mined by the Secretary. indefensible that our tax laws tell some performance to decrease dramatically. ‘‘(B) MEETINGS.—The Committee shall of our biggest corporations that they The Patent and Trademark Office is meet not less than three times per year and still can deduct 100 percent of their currently subject to the same procure- at the call of the chair. health insurance costs, while others, ment and personnel requirements, in- ‘‘(C) COMPENSATION.—Members of the Com- mostly smaller businesses, are told mittee who are employees of the Federal cluding personnel ceilings, as other Government shall serve without compensa- they can deduct only a smaller share of Federal agencies. While these require- tion. Members of the Committee who are not their health insurance costs. ments make sense and, indeed, are es- employees of the Federal Government shall This provision is absolutely critical sential for other Government entities, be compensated at a rate not to exceed the to the health care concerns of farmers, they hinder the effectiveness of the daily equivalent of the rate in effect for ranchers and small business owners grade GS–18. PTO and are not appropriate for a com- who conduct their businesses as sole pletely user fee-funded agency. By con- ‘‘(f) REPORT.—The Secretary shall prepare proprietors. That is why I’m reintro- and submit to the Committee on Commerce verting the PTO into a Government of the House of Representatives and the ducing legislation this year to ensure corporation, we would free the Office Committee on Labor and Human Resources complete fairness in the Tax Code for from most of these laws and regula- of the Senate a biennial report regarding the sole proprietors who acquire health in- tions, but would keep its inherently incidence of birth defects, the contribution surance coverage for themselves and governmental function within the Fed- of birth defects to infant mortality, the out- their families. My bill will increase the eral Government and its work would be come of implementation of prevention strat- deduction for the health insurance continued by federal employees. egies, and identified needs for research and costs of the self-employed to 60 percent policy development to include information Mr. President, the new PTO will be a regarding the various racial and ethnic and 80 percent in 1998 and 1999, respec- wholly owned Government corporation groups, including Hispanic, non-Hispanic tively. After that, Americans who work run by a commissioner and two assist- whites, African Americans, Native Ameri- for themselves could deduct 100 percent ants. They will report to the Secretary cans, and Asian Americans. of their insurance costs, just as large of Commerce on patent and trademark ‘‘(g) APPLICABILITY OF PRIVACY LAWS.—The corporations do. policy matters only. Like my bill from provisions of this section shall be subject to The health of a farm family or small the last Congress, I have inserted a the requirements of section 552a of title 5, business owner is no less important United States Code. All Federal laws relat- firewall to prevent the Commerce De- ing to the privacy of information shall apply than the health of the president of a partment from interfering with inter- to the data and information that is collected large corporation, and the Internal nal management decisions of the Of- under this section. Revenue Code should reflect this sim- fice, as opposed to policy decisions. My ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ple fact. legislation establishes an Office of the ‘‘(1) For the purpose of carrying out sub- I urge my colleagues to cosponsor Under Secretary for Intellectual Prop- sections (a), (b), and (c), there are authorized this legislation. It promotes tax justice erty within the Commerce Department. to be appropriated $15,000,000 for fiscal year and the well-being of our independent The Under Secretary will ensure both 1998, $20,000,000 for fiscal year 1999, and such producers and the entire country.∑ sums as may be necessary for each of the fis- attention to intellectual property cal years 2000 and 2001. issues at the Cabinet level and a co- ‘‘(2) For the purpose of carrying out sub- By Mr. LAUTENBERG: ordinated Government approach to section (d), there are authorized to be appro- S. 421. A bill to amend title 35, these matters. priated $15,000,000 for fiscal year 1998, United States Code, to establish the The new PTO will be able to procure $20,000,000 for fiscal year 1999, and such sums Patent and Trademark Office as a Gov- equipment, supplies, even office space as may be necessary for each of the fiscal ernment corporation, and for other without the constraints of the Brooks years 2000 and 2001. purposes; to the Committee on the Ju- Act, the Public Buildings Act, and the ‘‘(3) For the purpose of carrying out sub- diciary. Federal Property and Administrative sections (e) and (f), there are authorized to THE PATENT AND TRADEMARK OFFICE REFORM be appropriated $2,000,000 for each of the fis- Services Act. These changes are in re- ACT cal years 1998 through 2001.’’. sponse to criticism of undue procure- ∑ Mr. LAUTENBERG. Mr. President, ment delays that have resulted in By Mr. DORGAN (for himself and today I reintroduce the Patent and lower quality products at higher costs Mr. BUMPERS): Trademark Office Reform Act, a bill to to the Office. My legislation would also S. 420. A bill to amend the Internal establish the Patent and Trademark permit PTO to lease, buy, or build of- Revenue Code of 1986 to phase in by the Office as a Government corporation fice space that is more practical for year 2000 a 100 percent deduction for and to provide needed reforms to its PTO’s needs. Currently, PTO is spread the health insurance costs of self-em- operations. The handful of changes I throughout over a dozen buildings, ployed individuals; to the Committee have made from the legislation I spon- which is not only inconvenient for its on Finance. sored in the last Congress are designed employees, it’s inefficient.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2133 Much of the work performed at the Congress will continue to set the user charge but reclassifies it as an ‘‘offset- PTO requires specialized skills. Those fees for the new Office, and thus, con- ting collection’’ like all other PTO skills are the main reason that the trol, to a large extent, the PTO’s rev- user fees rather than an ‘‘offsetting re- PTO’s employees are so highly sought enue stream. This should provide com- ceipt.’’ This modification to the 1990 by the private sector. Limited by the fort to my colleagues and the PTO’s OBRA would ensure that these fees are general schedule and an overly struc- users concerned that, with its new- only applied toward PTO uses. tured employee classification system, found freedom, the Office will move Mr. President, although I might dis- the Office has been hindered in its abil- into plush offices or pay its employees agree with the administration on the ity to retain a large number of its unwarranted sums. I realize the deci- surcharge diversion issue, the Presi- workers. My legislation will enable the sion to keep the fee-setting authority dent and the Vice-President, in par- new PTO to provide its employees with with Congress is counter to most gov- ticular, deserve commendation for competitive pay so that it might keep ernment corporations. Hopefully we their support of reinventing the Patent and hire top talent. The Office will no can revisit this issue in a few years and Trademark Office. The Vice Presi- longer be subject to personnel ceilings, after we see how well the new PTO is dent has been a tireless advocate on re- including those established in the Fed- performing. forming Government and making it eral WorkForce Restructuring Act of Mr. President, there is one last dif- more responsive to the public. It is my 1994. There will also be a one-year ference between S. 421 and the bill I in- understanding that the administration carry-over of all PTO employees during troduced 2 years ago that I would like will soon send its own PTO reform leg- the transition from the current PTO to to discuss today and that involves the islation to Capitol Hill. The legislation the PTO as a Government corporation. patent surcharge fee. When Congress I am introducing today is merely the One of the more significant dif- created the patent surcharge fee in the starting point for discussion and I look ferences between the bill I am intro- Omnibus Budget Reconciliation Act of forward to working with the adminis- ducing today and the one I sponsored 1990, it was done to make the Office tration to advance the concepts I have last Congress involves personnel issues. completely user fee funded, and there- described above. Although both bills give the new PTO fore, to reduce the budget deficit. Al- I would also like to acknowledge the the flexibility to competitively com- though the surcharge, which amounted efforts of my colleagues and former pensate its employees, S. 421 permits to an almost 70 percent increase in colleagues in both Houses for their con- collective bargaining over pay and fees, was intended to be applied only to tributions on this issue. Unbeknownst other important terms and conditions Patent and Trademark Office uses, to many Members, we came very close of employment. This increased em- Congress has diverted approximately to enacting PTO government corpora- ployee participation will provide an es- $140 million over the past 6 fiscal years tion legislation in the last Congress, sential balance to needed managerial for unrelated purposes. Until this year, largely due to the work of Senator flexibility. I have also established a the administration has not advocated, HATCH and former Representatives floor on basic pay for current PTO em- nor even supported, such action. In the Moorhead and Schroeder. I am pleased ployees so that they will be assured of President’s proposed budget for fiscal to note that Representative Moor- receiving no less then they do now year 1998, however, over $90 million of head’s successor, Representative after PTO becomes a Government cor- the patent surcharge account will be COBLE, has continued the momentum poration. applied for deficit reduction. In fol- and his Judiciary subcommittee favor- Mr. President, this bill would give lowing fiscal years, the administration ably reported out a patent bill last the users, who have fully funded the has proposed diverting all of the patent week that contained a PTO govern- Office’s operations since 1991, an advi- surcharge fees through 2002. ment corporation section as well as sory role over such matters as PTO’s As the ranking Democrat on the protection against patent surcharge fee performance, fees, and budget. This ad- Budget Committee, I understand the diversion. visory board will review and rec- strain on the administration and on Mr. President, I hope my colleagues ommend changes to promote the Of- this body to balance the budget. This is will support this bill, which will pro- fice’s patent and trademark operations. a goal supported by colleagues on both vide the means to improve the Patent This board will be comprised of 12 per- sides of the aisle. While I share the ad- and Trademark Office’s operations and sons selected by the President and Con- ministration’s budget priorities and which will make the Office more ac- gress who will serve for 4-year terms commend the President for putting countable to its users. I ask unanimous and who will meet at least quarterly. forth a budget that balances in 2002, I consent that a copy of the bill be print- The Commissioner is required to con- regretfully disagree with this compo- ed in the RECORD. sult with the board prior to changing nent of his budget. Should this pro- There being no objection, the bill was or proposing to change fees or regula- posed diversion be enacted, the PTO ordered to be printed in the RECORD, as tions. The board will submit an annual would be prevented from hiring over follows: report containing its review of the Of- 500 patent examiners this year, and S. 421 fice to the President, the Commis- patent pendency rates would double Be it enacted by the Senate and House of Rep- sioner, and Congress. from the current 21 months to an esti- resentatives of the United States of America in In addition to the oversight of the Of- mated 42 months by 2003. The PTO Congress assembled, fice’s operations provided by the advi- projects that this delay will reduce SECTION 1. SHORT TITLE. sory board, I have included safeguards PTO’s revenues by over $400 million in This Act may be cited as the ‘‘Patent and to ensure the new PTO remains ac- lost issue and maintenance fees on top Trademark Office Reform Act’’. countable to Congress and its users. of the lost $570 million in surcharge SEC. 2. TABLE OF CONTENTS. The new Office will have its own in- fees. Not only will PTO suffer from this The table of contents for this Act is as fol- spector general, who will be appointed diversion, our economy will as well. lows: by the President, to investigate waste, Doubling the pendency times will slow Sec. 1. Short title. fraud, and abuse. The Office’s annual the development of new technologies, Sec. 2. Table of contents. financial statements will be audited by hurt our productivity, and put us at a TITLE I—UNITED STATES PATENT AND either an independent CPA or the competitive disadvantage in the world TRADEMARK OFFICE Comptroller General, and the results of marketplace. Sec. 101. Establishment of Patent and such audits shall be provided to Con- Mr. President, the legislation I intro- Trademark Office as a Govern- gress. Furthermore, the new PTO is re- duced in the last Congress would have ment corporation. quired to submit annual management ended the patent surcharge fee in Octo- Sec. 102. Powers and duties. reports to Congress and business-like ber 1, 1998. However, I am now con- Sec. 103. Organization and management. budgets to the President. These reports vinced that the PTO needs the fees it Sec. 104. Management Advisory Board. Sec. 105. Conforming amendments. and budgets must include statements should receive from the surcharge to Sec. 106. Trademark Trial and Appeal Board. on cash flows, operations, financial po- make necessary hires and improve- Sec. 107. Board of Patent Appeals and Inter- sition, and internal accounting and ad- ments to the Office’s operations. ferences. ministrative control systems. Therefore, S. 421 continues the sur- Sec. 108. Suits by and against the Office.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0655 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2134 CONGRESSIONAL RECORD — SENATE March 11, 1997 Sec. 109. Annual report of Commissioner. istration of the Office, or any other function bursable basis, and cooperate with such Sec. 110. Suspension or exclusion from prac- vested in the Office by law, including pro- other departments, agencies, and instrumen- tice. grams to recognize, identify, assess, and talities in the establishment and use of serv- Sec. 111. Funding. forecast the technology of patented inven- ices, equipment, and facilities of the Office; Sec. 112. Audits. tions and their utility to industry; ‘‘(9) may obtain from the Administrator of Sec. 113. Transfers. ‘‘(3) authorizing or conducting studies and General Services such services as the Admin- Sec. 114. Nonapplicability of Federal work- programs cooperatively with foreign patent istrator is authorized to provide to other force reductions. and trademark offices and international or- agencies of the United States, on the same TITLE II—EFFECTIVE DATE; TECHNICAL ganizations, in connection with the granting basis as those services are provided to other AMENDMENTS and issuing of patents and the registration of agencies of the United States; Sec. 201. Effective date. trademarks; and ‘‘(10) when the Commissioner determines Sec. 202. Technical and conforming amend- ‘‘(4) disseminating to the public informa- that it is practicable, efficient, and cost-ef- ments. tion with respect to patents and trademarks. fective to do so, may use, with the consent of ‘‘(b) SPECIFIC POWERS.—The Office— TITLE III—MISCELLANEOUS PROVISIONS the United States and the agency, govern- ‘‘(1) shall have perpetual succession; ment, or international organization con- Sec. 301. References. ‘‘(2) shall adopt and use a corporate seal, cerned, the services, records, facilities, or Sec. 302. Exercise of authorities. which shall be judicially noticed and with personnel of any State or local government Sec. 303. Savings provisions. which letters patent, certificates of trade- agency or instrumentality or foreign govern- Sec. 304. Transfer of assets. mark registrations, and papers issued by the ment or international organization to per- Sec. 305. Delegation and assignment. Office shall be authenticated; form functions on its behalf; Sec. 306. Authority of Director of the Office ‘‘(3) may sue and be sued in its corporate ‘‘(11) may determine the character of and of Management and Budget name and be represented by its own attor- the necessity for its obligations and expendi- with respect to functions trans- neys in all judicial and administrative pro- tures and the manner in which they shall be ferred. ceedings, subject to the provisions of section incurred, allowed, and paid, subject to the Sec. 307. Certain vesting of functions consid- 7; provisions of this title and the Act of July 5, ered transfers. ‘‘(4) may indemnify the Commissioner, and 1946 (commonly referred to as the ‘Trade- Sec. 308. Availability of existing funds. other officers, attorneys, agents, and em- mark Act of 1946’); Sec. 309. Definitions. ployees (including members of the Manage- ‘‘(12) may retain and use all of its revenues ment Advisory Board established in section TITLE IV—UNDER SECRETARY FOR and receipts, including revenues from the 5) of the Office for liabilities and expenses in- INTELLECTUAL PROPERTY sale, lease, or disposal of any real, personal, curred within the scope of their employment; Sec. 401. Under Secretary for Intellectual or mixed property, or any interest therein, of ‘‘(5) may adopt, amend, and repeal bylaws, Property. the Office, including for research and devel- rules, regulations, and determinations, opment and capital investment; TITLE I—UNITED STATES PATENT AND which— ‘‘(13) shall have the priority of the United TRADEMARK OFFICE ‘‘(A) shall govern the manner in which its States with respect to the payment of debts SEC. 101. ESTABLISHMENT OF PATENT AND business will be conducted and the powers from bankrupt, insolvent, and decedents’ es- TRADEMARK OFFICE AS A GOVERN- granted to it by law will be exercised; tates; MENT CORPORATION. ‘‘(B) shall be made after notice and oppor- Section 1 of title 35, United States Code, is tunity for full participation by interested ‘‘(14) may accept monetary gifts or dona- amended to read as follows: public and private parties; tions of services, or of real, personal, or mixed property, in order to carry out the ‘‘§ 1. Establishment ‘‘(C) shall facilitate and expedite the proc- functions of the Office; ‘‘(a) ESTABLISHMENT.—The United States essing of patent applications, particularly those which can be filed, stored, processed, ‘‘(15) may execute, in accordance with its Patent and Trademark Office is established bylaws, rules, and regulations, all instru- as a wholly owned Government corporation searched, and retrieved electronically, sub- ject to the provisions of section 122 relating ments necessary and appropriate in the exer- subject to chapter 91 of title 31, separate cise of any of its powers; and from any department of the United States, to the confidential status of applications; and ‘‘(16) may provide for liability insurance and shall be an agency of the United States and insurance against any loss in connection under the policy direction of the Secretary ‘‘(D) may govern the recognition and con- duct of agents, attorneys, or other persons with its property, other assets, or operations of Commerce. For purposes of internal man- either by contract or by self-insurance. agement, the United States Patent and representing applicants or other parties be- ‘‘(c) CONSTRUCTION.—Nothing in this sec- Trademark Office shall be a corporate body fore the Office, and may require them, before tion shall be construed to nullify, void, can- not subject to direction or supervision by being recognized as representatives of appli- cel, or interrupt any pending request-for-pro- any department of the United States, except cants or other persons, to show that they are posal let or contract issued by the General as otherwise provided in this title. of good moral character and reputation and are possessed of the necessary qualifications Services Administration for the specific pur- ‘‘(b) OFFICES.—The United States Patent pose of relocating or leasing space to the and Trademark Office shall maintain its to render to applicants or other persons val- United States Patent and Trademark Of- principal office in the metropolitan Wash- uable service, advice, and assistance in the fice.’’. ington, D.C. area, for the service of process presentation or prosecution of their applica- and papers and for the purpose of carrying tions or other business before the Office; SEC. 103. ORGANIZATION AND MANAGEMENT. out its functions. The United States Patent ‘‘(6) may acquire, construct, purchase, Section 3 of title 35, United States Code, is and Trademark Office shall be deemed, for lease, hold, manage, operate, improve, alter, amended to read as follows: and renovate any real, personal, or mixed purposes of venue in civil actions, to be a ‘‘§ 3. Officers and employees resident of the district in which its principal property, or any interest therein, as it con- office is located, except where jurisdiction is siders necessary to carry out its functions; ‘‘(a) COMMISSIONER.— otherwise provided by law. The United ‘‘(7)(A) may make such purchases, con- ‘‘(1) IN GENERAL.—The management of the States Patent and Trademark Office may es- tracts for the construction, maintenance, or United States Patent and Trademark Office tablish satellite offices in such other places management and operation of facilities, and shall be vested in a Commissioner of the as it considers necessary and appropriate in contracts for supplies or services, without United States Patent and Trademark Office the conduct of its business. regard to the provisions of the Federal Prop- (in this title referred to as the ‘Commis- ‘‘(c) REFERENCE.—For purposes of this erty and Administrative Services Act of 1949 sioner’), who shall be a citizen of the United title, the United States Patent and Trade- (40 U.S.C. 471 and following), the Public States and who shall be appointed by the mark Office shall also be referred to as the Buildings Act (40 U.S.C. 601 and following), President, by and with the advice and con- ‘Office’ and the ‘Patent and Trademark Of- and the Stewart B. McKinney Homeless As- sent of the Senate. The Commissioner shall fice’.’’. sistance Act (42 U.S.C. 11301 and following); be a person who, by reason of professional and background and experience in patent or SEC. 102. POWERS AND DUTIES. ‘‘(B) may enter into and perform such pur- trademark law, is especially qualified to Section 2 of title 35, United States Code, is chases and contracts for printing services, manage the Office. amended to read as follows: including the process of composition, ‘‘(2) DUTIES.— ‘‘§ 2. Powers and duties platemaking, presswork, silk screen proc- ‘‘(A) IN GENERAL.—The Commissioner shall ‘‘(a) IN GENERAL.—The United States Pat- esses, binding, microform, and the products be responsible for the management and di- ent and Trademark Office shall be respon- of such processes, as it considers necessary rection of the Office, including the issuance sible for— to carry out the functions of the Office, of patents and the registration of trade- ‘‘(1) the granting and issuing of patents without regard to sections 501 through 517 marks, and shall perform these duties in a and the registration of trademarks; and 1101 through 1123 of title 44; fair, impartial, and equitable manner. ‘‘(2) conducting studies, programs, or ex- ‘‘(8) may use, with their consent, services, ‘‘(B) ADVISING THE PRESIDENT.—The Com- changes of items or services regarding do- equipment, personnel, and facilities of other missioner shall advise the President, mestic and international law of patents, departments, agencies, and instrumental- through the Secretary of Commerce, on the trademarks, and related matters, the admin- ities of the Federal Government, on a reim- operation of the Office.

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‘‘(C) CONSULTING WITH THE MANAGEMENT AD- personnel, and no positions or personnel of ‘‘(C) The United States Patent and Trade- VISORY BOARD.—The Commissioner shall con- the Office shall be taken into account for mark Office may supplement the benefits sult with the Management Advisory Board purposes of applying any such limitation. provided under the preceding provisions of established in section 5 on a regular basis on ‘‘(c) LIMITS ON COMPENSATION.—Except as this paragraph. matters relating to the operation of the Of- otherwise provided by law, the annual rate of ‘‘(2) HEALTH BENEFITS.—(A) The provisions fice, and shall consult with the Board before basic pay of an officer or employee of the Of- of chapter 89 of title 5 shall apply to the Of- submitting budgetary proposals to the Office fice may not be fixed at a rate that exceeds, fice and its officers and employees, subject of Management and Budget or changing or and total compensation payable to any such to subparagraph (B). proposing to change patent or trademark officer or employee for any year may not ex- ‘‘(B)(i) With respect to any individual who user fees or patent or trademark regulations. ceed, the annual rate of basic pay in effect becomes an officer or employee of the Office ‘‘(D) SECURITY CLEARANCES.—The Commis- for the Commissioner for that year involved. pursuant to subsection (h), the eligibility of sioner, in consultation with the Director of The Commissioner shall prescribe such regu- such individual to participate in such pro- the Office of Personnel Management, shall lations as may be necessary to carry out this gram as an annuitant (or of any other person maintain a program for identifying national subsection. to participate in such program as an annu- ‘‘(d) INAPPLICABILITY OF TITLE 5 GEN- security positions and providing for appro- itant based on the death of such individual) ERALLY.—Except as otherwise provided in priate security clearances. shall be determined disregarding the require- this section, officers and employees of the ‘‘(3) TERM.—The Commissioner shall serve ments of section 8905(b) of title 5. The pre- Office shall not be subject to the provisions a term of 5 years, and may continue to serve ceding sentence shall not apply if the indi- of title 5 relating to Federal employees. after the expiration of the Commissioner’s vidual ceases to be an officer or employee of ‘‘(e) CONTINUED APPLICABILITY OF CERTAIN term until a successor is appointed and as- the Office for any period of time after be- PROVISION OF TITLE 5.— sumes office. The Commissioner may be re- coming an officer or employee of the Office appointed to subsequent terms. ‘‘(1) IN GENERAL.—The following provisions of title 5 shall apply to the Office and its of- pursuant to subsection (h) and before separa- ‘‘(4) OATH.—The Commissioner shall, be- tion. fore taking office, take an oath to discharge ficers and employees: ‘‘(A) Section 2302 (relating to prohibited ‘‘(ii) The Government contributions au- faithfully the duties of the Office. thorized by section 8906 of title 5 for health ‘‘(5) COMPENSATION.—The Commissioner personnel practices). ‘‘(B) Section 3110 (relating to employment benefits for anyone participating in the shall receive compensation at the rate of pay health benefits program pursuant to this in effect for level II of the Executive Sched- of relatives; restrictions). ‘‘(C) Subchapter II of chapter 55 (relating subparagraph shall be made by the Office in ule under section 5313 of title 5 and, in addi- the same manner as provided under section tion, may receive as a bonus awarded by the to withholding pay). ‘‘(D) Subchapters II and III of chapter 73 8906(g)(2) of title 5 with respect to the United Secretary, an amount up to the equivalent of States Postal Service for individuals associ- the annual rate of basic pay for such level II, (relating to employment limitations and po- litical activities, respectively). ated therewith. based upon an evaluation by the Secretary of ‘‘(iii) For purposes of this subparagraph, Commerce of the Commissioner’s perform- ‘‘(E) Chapter 71 (relating to labor-manage- ment relations), subject to paragraph (2) and the term ‘annuitant’ has the meaning given ance as defined in an annual performance such term by section 8901(3) of title 5. agreement between the Commissioner and subsection (g). ‘‘(C) The Office may supplement the bene- the Secretary. The annual performance ‘‘(F) Section 3303 (relating to political rec- fits provided under the preceding provisions agreement shall incorporate measurable ommendations). of this paragraph. goals as delineated in an annual performance ‘‘(G) Subchapter II of chapter 61 (relating ‘‘(3) LIFE INSURANCE.—(A) The provisions of plan agreed to by the Commissioner and the to flexible and compressed work schedules). chapter 87 of title 5 shall apply to the Office Secretary. ‘‘(2) COMPENSATION SUBJECT TO COLLECTIVE and its officers and employees, subject to ‘‘(6) REMOVAL.—The Commissioner may be BARGAINING.— subparagraph (B). removed from office by the President. The ‘‘(A) IN GENERAL.—Notwithstanding any ‘‘(B)(i) Eligibility for life insurance cov- President shall provide notification of any other provision of law, for purposes of apply- erage after retirement or while in receipt of such removal to both Houses of Congress. ing chapter 71 of title 5 pursuant to para- compensation under subchapter I of chapter ‘‘(7) DESIGNEE OF COMMISSIONER.—The Com- graph (1)(D), basic pay and other forms of missioner shall designate an officer of the compensation shall be considered to be 81 of title 5 shall be determined, in the case Office who shall be vested with the authority among the matters as to which the duty to of any individual who becomes an officer or to act in the capacity of the Commissioner bargain in good faith extends under such employee of the Office pursuant to sub- in the event of the absence or incapacity of chapter. section (h), without regard to the require- ments of section 8706(b) (1) or (2) of such the Commissioner. ‘‘(B) EXCEPTIONS.—The duty to bargain in ‘‘(b) OFFICERS AND EMPLOYEES OF THE OF- good faith shall not, by reason of subpara- title, but subject to the condition specified FICE.— graph (A), be considered to extend to any in the last sentence of paragraph (2)(B)(i) of ‘‘(1) ASSISTANT COMMISSIONERS.—The Com- benefit under title 5 which is afforded by this subsection. missioner shall appoint an Assistant Com- paragraph (1), (2), (3), or (4) of subsection (f). ‘‘(ii) Government contributions under sec- tion 8708(d) of such title on behalf of any missioner for Patents and an Assistant Com- ‘‘(C) LIMITATIONS APPLY.—Nothing in this missioner for Trademarks for terms that subsection shall be considered to allow any such individual shall be made by the Office shall expire on the date on which the Com- limitation under subsection (c) to be exceed- in the same manner as provided under para- missioner’s term expires. The Assistant ed. graph (3) thereof with respect to the United Commissioner for Patents shall be a person ‘‘(f) PROVISIONS OF TITLE 5 THAT CONTINUE States Postal Service for individuals associ- with demonstrated experience in patent law TO APPLY, SUBJECT TO CERTAIN REQUIRE- ated therewith. and the Assistant Commissioner for Trade- MENTS.— ‘‘(C) The Office may supplement the bene- marks shall be a person with demonstrated ‘‘(1) RETIREMENT.—(A) The provisions of fits provided under the preceding provisions experience in trademark law. The Assistant subchapter III of chapter 83 and chapter 84 of of this paragraph. Commissioner for Patents and the Assistant title 5 shall apply to the Office and its offi- ‘‘(4) EMPLOYEES’ COMPENSATION FUND.—(A) Commissioner for Trademarks shall be the cers and employees, subject to subparagraph Officers and employees of the Office shall not principal policy and management advisers to (B). become ineligible to participate in the pro- the Commissioner on all aspects of the ac- ‘‘(B)(i) The amount required of the Office gram under chapter 81 of title 5, relating to tivities of the Office that affect the adminis- under the second sentence of section compensation for work injuries, by reason of tration of patent and trademark operations, 8334(a)(1) of title 5 with respect to any par- subsection (d). respectively. ticular individual shall, instead of the ‘‘(B) The Office shall remain responsible ‘‘(2) OTHER OFFICERS AND EMPLOYEES.— amount which would otherwise apply, be for reimbursing the Employees’ Compensa- ‘‘(A) IN GENERAL.—The Commissioner equal to the normal-cost percentage (deter- tion Fund, pursuant to section 8147 of title 5, shall— mined with respect to officers and employees for compensation paid or payable after the ‘‘(i) appoint such officers, employees (in- of the Office using dynamic assumptions, as effective date of the Patent and Trademark cluding attorneys), and agents of the Office defined by section 8401(9) of such title) of the Office Reform Act in accordance with chap- as the Commissioner considers necessary to individual’s basic pay, minus the amount re- ter 81 of title 5 with regard to any injury, carry out the functions of the Office; quired to be withheld from such pay under disability, or death due to events arising be- ‘‘(ii) fix the compensation of such officers such section 8334(a)(1). fore such date, whether or not a claim has and employees, except as otherwise provided ‘‘(ii) The amount required of the Office been filed or is final on such date. in this section; and under section 8334(k)(1)(B) of title 5 with re- ‘‘(g) LABOR-MANAGEMENT RELATIONS.— ‘‘(iii) define the authority and duties of spect to any particular individual shall be ‘‘(1) LABOR RELATIONS AND EMPLOYEE RELA- such officers and employees and delegate to equal to an amount computed in a manner TIONS PROGRAMS.—The Office shall develop them such of the powers vested in the Office similar to that specified in clause (i), as de- labor relations and employee relations pro- as the Commissioner may determine. termined in accordance with clause (iii). grams with the objective of improving pro- ‘‘(B) LIMITATIONS.—The Office shall not be ‘‘(iii) Any regulations necessary to carry ductivity, efficiency, and the quality of subject to any administratively or statu- out this subparagraph shall be prescribed by working life of Office employees, incor- torily imposed limitation on positions or the Office of Personnel Management. porating the following principles:

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‘‘(A) Such programs shall be consistent ‘‘(3) NONSEPARATION.—No person who be- ered to be part of basic pay for purposes of with the merit principles in section 2301(b) of comes an officer or employee of the Office subchapter III of chapter 83 or chapter 84 of title 5. under this subsection shall, for a period of 1 title 5. ‘‘(B) Such programs shall provide veterans year after the effective date of the Patent ‘‘(k) REMOVAL OF QUASI-JUDICIAL EXAM- preference protections equivalent to those and Trademark Office Reform Act, be sub- INERS.—The Office may remove a patent ex- established by sections 2108, 3308 through ject to separation as a consequence of the es- aminer or examiner-in-chief, or a trademark 3318, and 3320 of title 5. tablishment of the Office. examiner or member of a Trademark Trial ‘‘(C)(i) The right to work shall not be sub- ‘‘(4) ACCUMULATED LEAVE.—The amount of and Appeal Board, only for such cause as will ject to undue restraint or coercion. The right sick and annual leave and compensatory promote the efficiency of the Office.’’. time accumulated under title 5 before the ef- to work shall not be infringed or restricted SEC. 104. MANAGEMENT ADVISORY BOARD. fective date described in paragraph (1), by in any way based on membership in, affili- Chapter 1 of part I of title 35, United States ation with, or financial support of a labor or- those becoming officers or employees of the Office pursuant to this subsection, are obli- Code, is amended by inserting after section 4 ganization. the following: ‘‘(ii) No person shall be required, as a con- gations of the Office. dition of employment or continuation of em- ‘‘(5) TERMINATION RIGHTS.—Any employee ‘‘§ 5. Patent and Trademark Office Manage- ployment— referred to in paragraph (1) or (2) of this sub- ment Advisory Board ‘‘(I) to resign or refrain from voluntary section whose employment with the Office is ‘‘(a) ESTABLISHMENT OF MANAGEMENT ADVI- membership in, voluntary affiliation with, or terminated during the 2-year period begin- SORY BOARD.— voluntary financial support of a labor orga- ning on the effective date of the Patent and ‘‘(1) APPOINTMENT.—The United States Pat- nization; Trademark Office Reform Act shall be enti- ent and Trademark Office shall have a Man- ‘‘(II) to become or remain a member of a tled to rights and benefits, to be afforded by agement Advisory Board (hereafter in this labor organization; the Office, similar to those such employee title referred to as the ‘Board’) of 12 mem- ‘‘(III) to pay any dues, fees, assessments, or would have had under Federal law if termi- bers, 4 of whom shall be appointed by the other charges of any kind or amount to a nation had occurred immediately before such President, 4 of whom shall be appointed by labor organization; date. An employee who would have been en- the Speaker of the House of Representatives ‘‘(IV) to pay to any charity or other third titled to appeal any such termination to the in consultation with the minority leader of party, in lieu of such payments, any amount Merit Systems Protection Board, if such ter- the House of Representatives, and 4 of whom equivalent to or a pro rata portion of dues, mination had occurred immediately before shall be appointed by the majority leader of fees, assessments, or other charges regularly such effective date, may appeal any such ter- the Senate in consultation with the minority required of members of a labor organization; mination occurring within this 2-year period leader of the Senate. to the board under such procedures as it may or ‘‘(2) TERMS.—Members of the Board shall ‘‘(V) to be recommended, approved, re- prescribe. be appointed for a term of 4 years each, ex- ferred, or cleared by or through a labor orga- ‘‘(6) CONTINUATION IN OFFICE OF CERTAIN OF- cept that of the members first appointed by nization. FICERS.—(A) The individual serving as the each appointing authority, 1 shall be for a ‘‘(iii) This subparagraph shall not apply to Assistant Commissioner for Patents on the term of 1 year, 1 shall be for a term of 2 a person described in section 7103(a)(2)(v) of day before the effective date of the Patent years, and 1 shall be for a term of 3 years. No title 5 or a ‘supervisor’, ‘management offi- and Trademark Office Reform Act may serve member may serve more than 1 term. as the Assistant Commissioner for Patents cial’, or ‘confidential employee’ as those ‘‘(3) CHAIR.—The President shall designate terms are defined in section 7103(a) (10), (11), until the date on which an Assistant Com- the chair of the Board, whose term as chair and (13) of such title. missioner for Patents is appointed under shall be for 4 years. subsection (b). ‘‘(iv) Any labor organization recognized by ‘‘(4) TIMING OF APPOINTMENTS.—Initial ap- the Office as the exclusive representative of ‘‘(B) The individual serving as the Assist- pointments to the Board shall be made with- a unit of employees of the Office shall rep- ant Commissioner for Trademarks on the in 3 months after the effective date of the resent the interests of all employees in that day before the effective date of the Patent Patent and Trademark Office Reform Act, unit without discrimination and without re- and Trademark Office Reform Act may serve and vacancies shall be filled within 3 months gard to labor organization membership. as the Assistant Commissioner for Trade- after they occur. marks until the date on which an Assistant ‘‘(2) ADOPTION OF EXISTING LABOR AGREE- ‘‘(5) VACANCIES.—Vacancies shall be filled MENTS.—The Office shall adopt all labor Commissioner for Trademarks is appointed in the manner in which the original appoint- agreements which are in effect, as of the day under subsection (b). ment was made under this subsection. Mem- ‘‘(i) COMPETITIVE STATUS.—For purposes of before the effective date of the Patent and bers appointed to fill a vacancy occurring be- appointment to a position in the competitive Trademark Office Reform Act, with respect fore the expiration of the term for which the service for which an officer or employee of to such Office (as then in effect). member’s predecessor was appointed shall be the Office is qualified, such officer or em- ‘‘(h) CARRYOVER OF PERSONNEL.— ployee shall not forfeit any competitive sta- appointed only for the remainder of that ‘‘(1) FROM PTO.—Effective as of the effec- tus, acquired by such officer or employee be- term. A member may serve after the expira- tive date of the Patent and Trademark Office fore the effective date of the Patent and tion of that member’s term until a successor Reform Act, all officers and employees of the Trademark Office Reform Act, by reason of is appointed. Patent and Trademark Office on the day be- becoming an officer or employee of the Office ‘‘(6) COMMITTEES.—The Chair shall des- fore such effective date shall become officers pursuant to subsection (h). ignate members of the Board to serve on a and employees of the Office established ‘‘(j) SAVINGS PROVISIONS.— committee on patent operations and on a under this Act or may be reassigned to the ‘‘(1) IN GENERAL.—Compensation, benefits, committee on trademark operations to per- Office of the Under Secretary for Intellectual and other terms and conditions of employ- form the duties set forth in subsection (e) as Property, without a break in service. ment in effect immediately before the effec- they relate specifically to the Office’s patent ‘‘(2) OTHER PERSONNEL.—Any individual tive date of the Patent and Trademark Office operations, and the Office’s trademark oper- who, on the day before the effective date of Reform Act, whether provided by statute or ations, respectively. the Patent and Trademark Office Reform by rules and regulations of the former Pat- ‘‘(b) BASIS FOR APPOINTMENTS.—Members Act, is an officer or employee of the Depart- ent and Trademark Office or the executive of the Board shall be citizens of the United ment of Commerce (other than an officer or branch of the Government of the United States who shall be chosen so as to represent employee under paragraph (1)) shall be trans- States, shall continue to apply to officers the interests of diverse users of the United ferred to the Office if— and employees of the Office, until changed in States Patent and Trademark Office, and ‘‘(A) such individual serves in a position accordance with this section (whether by ac- shall include individuals with substantial for which a major function is the perform- tion of the Director or otherwise). background and achievement in corporate fi- ance of work reimbursed by the Patent and ‘‘(2) PROVISIONS SPECIFIC TO BASIC PAY.—(A) nance and management. Trademark Office, as determined by the Sec- With respect to any individual who becomes ‘‘(c) APPLICABILITY OF CERTAIN ETHICS retary of Commerce; an officer or employee of the Office pursuant LAWS.—Members of the Board shall be spe- ‘‘(B) such individual serves in a position to subsection (h), the rate of basic pay for cial Government employees within the that performed work in support of the Pat- such officer or employee may not, on or after meaning of section 202 of title 18. ent and Trademark Office during at least the effective date of the Patent and Trade- ‘‘(d) MEETINGS.—The Board shall meet at half of the incumbent’s work time, as deter- mark Office Reform Act, be less than the least quarterly and at any time at the call of mined by the Secretary of Commerce; or rate in effect immediately before such effec- the chair to consider an agenda set by the ‘‘(C) such transfer would be in the interest tive date, except— chair. of the Office, as determined by the Secretary ‘‘(i) pursuant to a collective-bargaining ‘‘(e) DUTIES.—The Board shall— of Commerce in consultation with the Com- agreement entered into under this section; ‘‘(1) review the policies, goals, perform- missioner. or ance, budget, and user fees of the United Any transfer under this paragraph shall be ‘‘(ii) for inefficiency, neglect of duty, or States Patent and Trademark Office, and ad- effective as of the same effective date as re- misconduct, on the part of such individual. vise the Commissioner on these matters; and ferred to in paragraph (1), and shall be made ‘‘(B) For purposes of this paragraph, the ‘‘(2) within 60 days after the end of each without a break in service. term ‘basic pay’ includes any amount consid- fiscal year, prepare an annual report on the

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2137 matters referred to in paragraph (1), trans- SEC. 108. SUITS BY AND AGAINST THE OFFICE. dences of indebtedness (hereafter in this sub- mit the report to the President, the Commis- Chapter 1 of part I of title 35, United States section referred to as ‘obligations’) to assist sioner, and the Committees on the Judiciary Code, is amended by inserting after section 6 in financing its activities. Borrowing under of the Senate and the House of Representa- the following new section: this subsection shall be subject to prior ap- tives, and publish the report in the Patent ‘‘§ 7. Suits by and against the Office proval in appropriations Acts. Such bor- and Trademark Office Official Gazette. ‘‘(a) ACTIONS UNDER UNITED STATES LAW.— rowing shall not exceed amounts approved in ‘‘(f) COMPENSATION.—Members of the Board Any civil action or proceeding to which the appropriation Acts. Any borrowing under shall be compensated for each day (including United States Patent and Trademark Office this subsection shall be repaid only from fees travel time) during which they are attending is a party is deemed to arise under the laws paid to the Office. Such obligations shall be meetings or conferences of the Board or oth- of the United States. The Federal courts redeemable at the option of the Office before erwise engaged in the business of the Board, shall have exclusive jurisdiction over all maturity in the manner stipulated in such at the rate which is the daily equivalent of civil actions by or against the Office. obligations and shall have such maturity as the annual rate of basic pay in effect for ‘‘(b) REPRESENTATION BY THE DEPARTMENT is determined by the Office with the approval level III of the Executive Schedule under sec- OF JUSTICE.—The United States Patent and of the Secretary of the Treasury. Each such tion 5314 of title 5, and while away from their Trademark Office shall be deemed an agency obligation issued to the Treasury shall bear homes or regular places of business they may of the United States for purposes of section interest at a rate not less than the current be allowed travel expenses, including per 516 of title 28. yield on outstanding marketable obligations diem in lieu of subsistence, as authorized by ‘‘(c) PROHIBITION ON ATTACHMENT, LIENS, section 5703 of title 5. ETC.—No attachment, garnishment, lien, or of the United States of comparable maturity ‘‘(g) ACCESS TO ASSISTANCE AND INFORMA- similar process, intermediate or final, in law during the month preceding the issuance of TION.— or equity, may be issued against property of the obligation as determined by the Sec- ‘‘(1) ASSISTANCE.—The Office shall provide the Office.’’. retary of the Treasury. The Secretary of the at the request of the Board such assistance SEC. 109. ANNUAL REPORT OF COMMISSIONER. Treasury shall purchase any obligations of as is necessary for the Board to perform its Section 14 of title 35, United States Code, the Office issued under this subsection and functions. is amended to read as follows: for such purpose the Secretary of the Treas- ‘‘(2) INFORMATION.—Members of the Board ‘‘§ 14. Annual report to Congress ury is authorized to use as a public-debt shall be provided access to records and infor- ‘‘Not later than 180 days after the end of transaction the proceeds of any securities mation in the United States Patent and each fiscal year, the Commissioner shall re- issued under chapter 31 of title 31, and the Trademark Office, except for personnel or port to Congress the moneys received and ex- purposes for which securities may be issued other privileged information and informa- pended by the Office, the purposes for which under that chapter are extended to include tion concerning patent applications required the moneys were spent, the quality and such purpose. Payment under this subsection to be kept in confidence by section 122.’’. quantity of the work of the Office, and other of the purchase price of such obligations of SEC. 105. CONFORMING AMENDMENTS. information relating to the Office. The re- the United States Patent and Trademark Of- (a) DUTIES.—Chapter 1 of title 35, United port under this section shall also meet the fice shall be treated as public debt trans- States Code, is amended by striking section requirements of section 9106 of title 31, to actions of the United States. 6. the extent that such requirements are not ‘‘(d) REFUND.—The Commissioner may re- (b) REGULATIONS FOR AGENTS AND ATTOR- inconsistent with the preceding sentence. fund any fee paid by mistake or any amount NEYS.—Section 31 of title 35, United States The report required under this section shall paid in excess of that required.’’. Code, and the item relating to such section be deemed to be the report of the United in the table of sections for chapter 3 of title States Patent and Trademark Office under (b) EXTENSION OF SURCHARGES ON PATENT 35, United States Code, are repealed. section 9106 of title 31, and the Commissioner FEES.— SEC. 106. TRADEMARK TRIAL AND APPEAL shall not file a separate report under such (1) IN GENERAL.—Section 10101 of the Omni- BOARD. section.’’. bus Budget Reconciliation Act of 1990 (35 Section 17 of the Act of July 5, 1946 (com- SEC. 110. SUSPENSION OR EXCLUSION FROM U.S.C. 41 note) is amended by striking sub- monly referred to as the ‘‘Trademark Act of PRACTICE. sections (a) through (c) and inserting the fol- 1946’’) (15 U.S.C. 1067) is amended to read as Section 32 of title 35, United States Code, lowing: follows: is amended by inserting before the last sen- ‘‘(a) SURCHARGES.—There shall be a sur- ‘‘SEC. 17. (a) In every case of interference, tence the following: ‘‘The Commissioner charge on all fees authorized by subsections opposition to registration, application to shall have the discretion to designate any at- (a) and (b) of section 41 of title 35, United register as a lawful concurrent user, or appli- torney who is an officer or employee of the States Code, in order to ensure that the cation to cancel the registration of a mark, United States Patent and Trademark Office amounts specified in subsection (c) are col- the Commissioner shall give notice to all to conduct the hearing required by this sec- lected. parties and shall direct a Trademark Trial tion.’’. and Appeal Board to determine and decide SEC. 111. FUNDING. ‘‘(b) USE OF SURCHARGES.—Notwith- the respective rights of registration. (a) IN GENERAL.—Chapter 4 of title 35, standing section 3302 of title 31, United ‘‘(b) The Trademark Trial and Appeal United States Code, is amended by striking States Code, all surcharges collected by the Board shall include the Commissioner, the section 42 and inserting the following: United States Patent and Trademark Of- Assistant Commissioner for Patents, the As- ‘‘§ 42. Patent and Trademark Office funding fice— sistant Commissioner for Trademarks, and ‘‘(1) shall be credited to a separate account ‘‘(a) FEES PAYABLE TO THE OFFICE.—All members competent in trademark law who established in the Treasury and ascribed to fees for services performed by or materials are appointed by the Commissioner.’’. the United States Patent and Trademark Of- furnished by the United States Patent and fice activities in the Department of Com- SEC. 107. BOARD OF PATENT APPEALS AND Trademark Office shall be payable to the Of- INTERFERENCES. merce as offsetting collections; fice. Chapter 1 of title 35, United States Code, is ‘‘(b) USE OF MONEYS.—Moneys from fees ‘‘(2) shall be collected by and made avail- amended by striking section 7 and inserting shall be available to the United States Pat- able to the United States Patent and Trade- after section 5 the following: ent and Trademark Office to carry out the mark Office for all authorized activities and ‘‘§ 6. Board of Patent Appeals and Inter- functions of the Office. Moneys of the Office operations of the Office, including all direct ferences not otherwise used to carry out the functions and indirect costs of services provided by the ‘‘(a) ESTABLISHMENT AND COMPOSITION.— of the Office shall be kept in cash on hand or Office; and There shall be in the United States Patent on deposit, or invested in obligations of the ‘‘(3) shall remain available until expended. and Trademark Office a Board of Patent Ap- United States or guaranteed by the United ‘‘(c) ESTABLISHMENT OF SURCHARGES.—The peals and Interferences. The Commissioner, States, or in obligations or other instru- Commissioner of the United States Patent the Assistant Commissioner for Patents, the ments which are lawful investments for fidu- and Trademark Office shall establish sur- Assistant Commissioner for Trademarks, and ciary, trust, or public funds. Fees available charges under subsection (a), subject to the the examiners-in-chief shall constitute the to the Office under this title shall be used for provisions of section 553 of title 5, United Board. The examiners-in-chief shall be per- the processing of patent applications and for States Code, in order to ensure that sons of competent legal knowledge and sci- other services and materials relating to pat- $119,000,000, but not more than $119,000,000, entific ability. ents. Fees available to the Office under sec- are collected in fiscal year 1999 and each fis- ‘‘(b) DUTIES.—The Board of Patent Appeals tion 31 of the Act of July 5, 1946 (commonly cal year thereafter. and Interferences shall, on written appeal of referred to as the ‘Trademark Act of 1946’; 15 an applicant, review adverse decisions of ex- U.S.C. 1113), shall be used only for the proc- ‘‘(d) APPROPRIATIONS ACT REQUIRED.—Not- aminers upon applications for patents and essing of trademark registrations and for withstanding subsections (a) through (c), no shall determine priority and patentability of other services and materials relating to fee established by subsection (a) shall be col- invention in interferences declared under trademarks. lected nor shall be available for spending section 135(a). Each appeal and interference ‘‘(c) BORROWING AUTHORITY.—The United without prior authorization in appropria- shall be heard by at least 3 members of the States Patent and Trademark Office is au- tions Acts.’’. Board, who shall be designated by the Com- thorized to issue from time to time for pur- (2) EFFECTIVE DATE.—The amendments missioner. Only the Board of Patent Appeals chase by the Secretary of the Treasury its made by paragraph (1) shall take effect on and Interferences may grant rehearings.’’. debentures, bonds, notes, and other evi- October 1, 1998.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2138 CONGRESSIONAL RECORD — SENATE March 11, 1997 SEC. 112. AUDITS. TITLE II—EFFECTIVE DATE; TECHNICAL Commerce.’’, ‘‘Deputy Commissioner of Pat- Chapter 4 of title 35, United States Code, is AMENDMENTS ents and Trademarks.’’, ‘‘Assistant Commis- amended by adding at the end the following SEC. 201. EFFECTIVE DATE. sioner for Patents.’’, and ‘‘Assistant Com- new section: This Act and the amendments made by missioner for Trademarks.’’. ‘‘§ 43. Audits this Act shall take effect 4 months after the (7) Section 9(p)(1)(B) of the Small Business ‘‘(a) IN GENERAL.—Financial statements of date of the enactment of this Act. Act (15 U.S.C. 638(p)(1)(B)) is amended to read as follows: the United States Patent and Trademark Of- SEC. 202. TECHNICAL AND CONFORMING AMEND- fice shall be prepared on an annual basis in MENTS. ‘‘(B) the Commissioner of the United States Patent and Trademark Office; and’’. accordance with generally accepted account- (a) AMENDMENTS TO TITLE 35.— ing principles. Such statements shall be au- (1) The item relating to part I in the table (8) Section 12 of the Act of February 14, dited by an independent certified public ac- of parts for chapter 35, United States Code, is 1903 (15 U.S.C. 1511) is amended by striking countant chosen by the Commissioner. The amended to read as follows: ‘‘(d) Patent and Trademark Office;’’ and re- audit shall be conducted in accordance with designating subsections (a) through (g) as ‘‘I. United States Patent and Trade- standards that are consistent with generally paragraphs (1) through (6), respectively. mark Office ...... 1’’. accepted Government auditing standards and (9) Section 1127 of title 15, United States other standards established by the Comp- (2) The heading for part I of title 35, United Code, is amended by striking ‘‘Commissioner troller General, and with the generally ac- States Code, is amended to read as follows: of Patents and Trademarks’’ and inserting cepted auditing standards of the private sec- ‘‘PART I—UNITED STATES PATENT AND ‘‘Commissioner of the United States Patent tor, to the extent feasible. The Commis- TRADEMARK OFFICE’’. and Trademark Office’’. sioner shall transmit to the Committees on (3) The table of chapters for part I of title (10) Section 19 of the Tennessee Valley Au- the Judiciary of the House of Representa- 35, United States Code, is amended by thority Act of 1933 (16 U.S.C. 831r) is amend- tives and the Senate the results of each amending the item relating to chapter 1 to ed— audit under this subsection. read as follows: (A) by striking ‘‘Patent and Trademark Of- ‘‘(b) REVIEW BY COMPTROLLER GENERAL.— fice of the United States’’ and inserting ‘‘1. Establishment, Officers and Em- The Comptroller General may review any ‘‘United States Patent and Trademark Of- ployees, Functions ...... 1’’. audit of the financial statement of the fice’’; and United States Patent and Trademark Office (4) The table of sections for chapter 1 of (B) by striking ‘‘Commissioner of Patents’’ that is conducted under subsection (a). The title 35, United States Code, is amended to and inserting ‘‘Commissioner of the United Comptroller General shall report to Congress read as follows: States Patent and Trademark Office’’. and the Office the results of any such review ‘‘CHAPTER 1—ESTABLISHMENT, OFFICERS (11) Section 182(b)(2)(A) of the Trade Act of and shall include in such report appropriate AND EMPLOYEES, FUNCTIONS 1974 (19 U.S.C. 2242(b)(2)(A)) is amended by recommendations. ‘‘Sec. striking ‘‘Commissioner of Patents and ‘‘(c) AUDIT BY COMPTROLLER GENERAL.— ‘‘1. Establishment. Trademarks’’ and inserting ‘‘Under Sec- The Comptroller General may audit the fi- ‘‘2. Powers and duties. retary for Intellectual Property’’. nancial statements of the Office and such ‘‘3. Officers and employees. (12) Section 302(b)(2)(D) of the Trade Act of audit shall be in lieu of the audit required by ‘‘4. Restrictions on officers and employees 1974 (19 U.S.C. 2412(b)(2)(D)) is amended by subsection (a). The Office shall reimburse as to interest in patents. striking ‘‘Commissioner of Patents and the Comptroller General for the cost of any ‘‘5. Patent and Trademark Office Manage- Trademarks’’ and inserting ‘‘Under Sec- audit conducted under this subsection. ment Advisory Board. retary for Intellectual Property’’. ‘‘(d) ACCESS TO OFFICE RECORDS.—All ‘‘6. Board of Patent Appeals and Inter- (13) The Act of April 12, 1892 (27 Stat. 395; books, financial records, report files, memo- ferences. 20 U.S.C. 91) is amended by striking ‘‘Patent randa, and other property that the Comp- ‘‘7. Suits by and against the Office. Office’’ and inserting ‘‘United States Patent troller General deems necessary for the per- ‘‘8. Library. and Trademark Office’’. formance of any audit shall be made avail- ‘‘9. Classification of patents. (14) Sections 505(m) and 512(o) of the Fed- able to the Comptroller General. ‘‘10. Certified copies of records. eral Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(e) APPLICABILITY IN LIEU OF TITLE 31 ‘‘11. Publications. 355(m) and 360b(o)) are each amended by PROVISIONS.—This section applies to the Of- ‘‘12. Exchange of copies of patents with for- striking ‘‘Patent and Trademark Office of fice in lieu of the provisions of section 9105 of eign countries. the Department of Commerce’’ and inserting title 31.’’. ‘‘13. Copies of patents for public libraries. ‘‘United States Patent and Trademark Of- SEC. 113. TRANSFERS. ‘‘14. Annual report to Congress.’’. fice’’. (a) TRANSFER OF FUNCTIONS.—Except to the (15) Section 702(d) of the Federal Food, (5) The table of sections for chapter 4 of extent that such functions, powers, and du- Drug, and Cosmetic Act (21 U.S.C. 372(d)) is title 35, United States Code, is amended by ties relate to the direction of patent or amended by striking ‘‘Commissioner of Pat- adding after the item relating to section 42 trademark policy, there are transferred to, ents’’ and inserting ‘‘Commissioner of the the following: and vested in, the United States Patent and United States Patent and Trademark Of- Trademark Office all functions, powers, and ‘‘43. Audits.’’. fice’’. duties vested by law in the Secretary of (6) Section 41(a)(8)(A) of title 35, United (16) Section 2151t–1(b)(1) of title 22, United Commerce or the Department of Commerce States Code, is amended by striking ‘‘On’’ States Code, is amended by striking ‘‘Patent or in the officers or components in the De- and inserting ‘‘on’’. and Trademark Office’’ and inserting ‘‘Under partment of Commerce with respect to the (b) OTHER PROVISIONS OF LAW.— Secretary for Intellectual Property’’. authority to grant patents and register (1) Section 9101(3) of title 31, United States (17) Section 105(e) of the Federal Alcohol trademarks, and in the Patent and Trade- Code, is amended by adding at the end the Administration Act (27 U.S.C. 205(e)) is mark Office, as in effect on the day before following: amended by striking ‘‘United States Patent the effective date of this Act, and in the offi- ‘‘(R) the United States Patent and Trade- Office’’ and inserting ‘‘United States Patent cers and components of such Office. mark Office.’’. and Trademark Office’’. (b) TRANSFER OF FUNDS AND PROPERTY.— (2) Section 500(e) of title 5, United States (18) Section 1744 of title 28, United States The Secretary of Commerce shall transfer to Code, is amended by striking ‘‘Patent Office’’ Code is amended— the United States Patent and Trademark Of- and inserting ‘‘United States Patent and (A) by striking ‘‘Patent Office’’ each place fice, on the effective date of this Act, so Trademark Office’’. it appears in the text and section heading much of the assets, liabilities, contracts, (3) Section 5102(c)(23) of title 5, United and inserting ‘‘United States Patent and property, records, and unexpended and unob- States Code, is amended by striking ‘‘Patent Trademark Office’’; and ligated balances of appropriations, author- and Trademark Office, Department of Com- (B) by striking ‘‘Commissioner of Patents’’ izations, allocations, and other funds em- merce’’ and inserting ‘‘United States Patent and inserting ‘‘Commissioner of the United ployed, held, used, arising from, available to, and Trademark Office’’. States Patent and Trademark Office’’. or to be made available to the Department of (4) Section 5314 of title 5, United States (19) Section 1295(a)(4) of title 28, United Commerce, including funds set aside for ac- Code, is amended by adding at the end the States Code, is amended— counts receivable, which are related to func- following: (A) in subparagraph (A) by inserting tions, powers, and duties which are vested in ‘‘Under Secretary for Intellectual Prop- ‘‘United States’’ before ‘‘Patent and Trade- the United States Patent and Trademark Of- erty, Department of Commerce.’’. mark’’; and fice by this Act. (5) Section 5315 of title 5, United States (B) in subparagraph (B) by striking ‘‘Com- SEC. 114. NONAPPLICABILITY OF FEDERAL Code, is amended by adding at the end the missioner of Patents and Trademarks’’ and WORKFORCE REDUCTIONS. following: inserting ‘‘Commissioner of the United No full-time equivalent position in the ‘‘Inspector General, United States Patent States Patent and Trademark Office’’. United States Patent and Trademark Office and Trademark Office.’’. (20) Section 1745 of title 28, United States shall be eliminated to meet the requirements (6) Section 5316 of title 5, United States Code, is amended by striking ‘‘United States of section 5 of the Federal Workforce Re- Code (5 U.S.C. 5316) is amended by striking Patent Office’’ and inserting ‘‘United States structuring Act of 1994 (5 U.S.C. 3101 note). ‘‘Commissioner of Patents, Department of Patent and Trademark Office’’.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2139 (21) Section 1928 of title 28, United States (2) to such department or office is deemed that apply to any function transferred by Code, is amended by striking ‘‘Patent Office’’ to refer to the department or office to which this Act shall apply to the exercise of such and inserting ‘‘United States Patent and such function is transferred. function by the head of the Federal agency, Trademark Office’’. SEC. 302. EXERCISE OF AUTHORITIES. and other officers of the agency, to which (22) Section 151 of the Atomic Energy Act Except as otherwise provided by law, a such function is transferred by this Act. of 1954 (42 U.S.C. 2181) is amended in sub- Federal official to whom a function is trans- SEC. 304. TRANSFER OF ASSETS. sections c. and d. by striking ‘‘Commissioner ferred by this Act may, for purposes of per- Except as otherwise provided in this Act, of Patents and Trademarks’’ and inserting forming the function, exercise all authorities so much of the personnel, property, records, ‘‘Commissioner of the United States Patent under any other provision of law that were and unexpended balances of appropriations, and Trademark Office’’. available with respect to the performance of allocations, and other funds employed, used, (23) Section 152 of the Atomic Energy Act that function to the official responsible for held, available, or to be made available in of 1954 (42 U.S.C. 2182) is amended by striking the performance of the function immediately connection with a function transferred to an ‘‘Commissioner of Patents and Trademarks’’ before the effective date of the transfer of official or agency by this Act shall be avail- each place it appears and inserting ‘‘Com- the function under this Act. able to the official or the head of that agen- missioner of the United States Patent and SEC. 303. SAVINGS PROVISIONS. cy, respectively, at such time or times as the Trademark Office’’. (a) LEGAL DOCUMENTS.—All orders, deter- Director of the Office of Management and (24) Section 160 of the Atomic Energy Act minations, rules, regulations, permits, Budget directs for use in connection with the of 1954 (42 U.S.C. 2190) is amended— grants, loans, contracts, agreements, certifi- functions transferred. (A) by striking ‘‘United States Patent Of- cates, licenses, and privileges— SEC. 305. DELEGATION AND ASSIGNMENT. fice’’ and inserting ‘‘United States Patent (1) that have been issued, made, granted, or Except as otherwise expressly prohibited and Trademark Office’’; and allowed to become effective by the Presi- by law or otherwise provided in this Act, an (B) by striking ‘‘Commissioner of Patents’’ dent, the Secretary of Commerce, any officer official to whom functions are transferred and inserting ‘‘Commissioner of the United or employee of any office transferred by this under this Act (including the head of any of- States Patent and Trademark Office’’. Act, or any other Government official, or by fice to which functions are transferred under (25) Section 305(c) of the National Aero- a court of competent jurisdiction, in the per- this Act) may delegate any of the functions nautics and Space Act of 1958 (42 U.S.C. formance of any function that is transferred so transferred to such officers and employees 2457(c)) is amended by striking ‘‘Commis- by this Act, and of the office of the official as the official sioner of Patents’’ and inserting ‘‘Commis- (2) that are in effect on the effective date may designate, and may authorize successive sioner of the United States Patent and of such transfer (or become effective after redelegations of such functions as may be Trademark Office’’. such date pursuant to their terms as in ef- necessary or appropriate. No delegation of (26) Section 12(a) of the Solar Heating and fect on such effective date), functions under this section or under any Cooling Demonstration Act of 1974 (42 U.S.C. shall continue in effect according to their other provision of this Act shall relieve the 5510(a)) is amended by striking ‘‘Commis- terms until modified, terminated, super- official to whom a function is transferred sioner of the Patent Office’’ and inserting seded, set aside, or revoked in accordance under this Act of responsibility for the ad- ‘‘Commissioner of the United States Patent with law by the President, any other author- ministration of the function. and Trademark Office’’. ized official, a court of competent jurisdic- SEC. 306. AUTHORITY OF DIRECTOR OF THE OF- (27) Section 1111 of title 44, United States tion, or operation of law. FICE OF MANAGEMENT AND BUDGET Code, is amended by striking ‘‘the Commis- (b) PROCEEDINGS.—This Act shall not affect WITH RESPECT TO FUNCTIONS sioner of Patents,’’. TRANSFERRED. any proceedings or any application for any (28) Section 1114 of title 44, United States (a) DETERMINATIONS.—If necessary, the Di- benefits, service, license, permit, certificate, Code, is amended by striking ‘‘the Commis- rector of the Office of Management and or financial assistance pending on the effec- sioner of Patents,’’. Budget shall make any determination of the tive date of this Act before an office trans- (29) Section 1123 of title 44, United States functions that are transferred under this ferred by this Act, but such proceedings and Code, is amended by striking ‘‘the Patent Of- Act. applications shall be continued. Orders shall fice,’’. (b) INCIDENTAL TRANSFERS.—The Director be issued in such proceedings, appeals shall (30) Sections 1337 and 1338 of title 44, of the Office of Management and Budget, at be taken therefrom, and payments shall be United States Code, and the items relating such time or times as the Director shall pro- made pursuant to such orders, as if this Act to those sections in the table of contents for vide, may make such determinations as may had not been enacted, and orders issued in chapter 13 of such title, are repealed. be necessary with regard to the functions any such proceeding shall continue in effect (31) Section 10(i) of the Trading With the transferred by this Act, and to make such until modified, terminated, superseded, or Enemy Act (50 U.S.C. App. 10(i)) is amended additional incidental dispositions of per- revoked by a duly authorized official, by a by striking ‘‘Commissioner of Patents’’ and sonnel, assets, liabilities, grants, contracts, court of competent jurisdiction, or by oper- inserting ‘‘Commissioner of the United property, records, and unexpended balances ation of law. Nothing in this subsection shall States Patent and Trademark Office’’. of appropriations, authorizations, alloca- be considered to prohibit the discontinuance (32) Section 11 of the Inspector General Act tions, and other funds held, used, arising or modification of any such proceeding under of 1978 (5 U.S.C. App.) is amended— from, available to, or to be made available in the same terms and conditions and to the (A) in paragraph (1)— connection with such functions, as may be same extent that such proceeding could have (i) by striking ‘‘and’’ before ‘‘the chief ex- necessary to carry out the provisions of this been discontinued or modified if this Act had ecutive officer of the Resolution Trust Cor- Act. The Director shall provide for the ter- not been enacted. poration;’’; mination of the affairs of all entities termi- (c) SUITS.—This Act shall not affect suits nated by this Act and for such further meas- (ii) by striking ‘‘and’’ before ‘‘the Chair- commenced before the effective date of this ures and dispositions as may be necessary to person of the Federal Deposit Insurance Cor- Act, and in all such suits, proceedings shall effectuate the purposes of this Act. poration;’’; be had, appeals taken, and judgments ren- (iii) by striking ‘‘or’’ before ‘‘the Commis- dered in the same manner and with the same SEC. 307. CERTAIN VESTING OF FUNCTIONS CON- SIDERED TRANSFERS. sioner of Social Security,’’; and effect as if this Act had not been enacted. For purposes of this Act, the vesting of a (iv) by inserting ‘‘or the Commissioner of (d) NONABATEMENT OF ACTIONS.—No suit, the United States Patent and Trademark Of- action, or other proceeding commenced by or function in a department or office pursuant fice;’’ after ‘‘Social Security Administra- against the Department of Commerce or the to reestablishment of an office shall be con- tion;’’; and Secretary of Commerce, or by or against any sidered to be the transfer of the function. (B) in paragraph (2)— individual in the official capacity of such in- SEC. 308. AVAILABILITY OF EXISTING FUNDS. (i) by striking ‘‘or’’ before ‘‘the Veterans’ dividual as an officer or employee of an of- Existing appropriations and funds avail- Administration,’’; and fice transferred by this Act, shall abate by able for the performance of functions, pro- (ii) by striking ‘‘or the Social Security Ad- reason of the enactment of this Act. grams, and activities terminated pursuant to ministration’’ and inserting ‘‘the Social Se- (e) CONTINUANCE OF SUITS.—If any Govern- this Act shall remain available, for the dura- curity Administration, or the United States ment officer in the official capacity of such tion of their period of availability, for nec- Patent and Trademark Office’’. officer is party to a suit with respect to a essary expenses in connection with the ter- TITLE III—MISCELLANEOUS PROVISIONS function of the officer, and under this Act mination and resolution of such functions, SEC. 301. REFERENCES. such function is transferred to any other of- programs, and activities. Any reference in any other Federal law, ficer or office, then such suit shall be contin- SEC. 309. DEFINITIONS. Executive order, rule, regulation, or delega- ued with the other officer or the head of such For purposes of this Act— tion of authority, or any document of or per- other office, as applicable, substituted or (1) the term ‘‘function’’ includes any duty, taining to a department or office from which added as a party. obligation, power, authority, responsibility, a function is transferred by this Act— (f) ADMINISTRATIVE PROCEDURE AND JUDI- right, privilege, activity, or program; and (1) to the head of such department or office CIAL REVIEW.—Except as otherwise provided (2) the term ‘‘office’’ includes any office, is deemed to refer to the head of the depart- by this Act, any statutory requirements re- administration, agency, bureau, institute, ment or office to which such function is lating to notice, hearings, action upon the council, unit, organizational entity, or com- transferred; or record, or administrative or judicial review ponent thereof.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2140 CONGRESSIONAL RECORD — SENATE March 11, 1997 TITLE IV—UNDER SECRETARY FOR but the latest announcements about ready, in communication with those INTELLECTUAL PROPERTY the cloning of sheep and monkeys have who would be most directly interested SEC. 401. UNDER SECRETARY FOR INTELLEC- been particularly dramatic. Most of the in the legislation, I think has taken us TUAL PROPERTY. drama arises from the media specula- a long way. (a) APPOINTMENT.—There is established in tion that follows about the possibility We are fortunate, Mr. President, to the Department of Commerce, an Under Sec- of cloning human beings. live in an extraordinary—an extraor- retary for Intellectual Property, who shall be appointed by the President by and with Such an event is widely viewed as dinary—crossroads in the history of the advice and consent of the Senate. Pend- next to impossible because the sci- our Nation and, indeed, of our species. ing appointment of the Under Secretary by entific community and officers of Fed- I can only compare it, Mr. President, and with the advice and consent of the Sen- eral funding and oversight vigorously to the dawn of the nuclear age. Then, ate, the individual serving as Commissioner reject the concept of creating genetic by the elemental act of splitting an of Patents and Trademarks prior to the en- copies of human beings. But what these atom, we became able to generate actment of the Act shall perform the func- new events do bring home to us, and seemingly unlimited energy but, also, tions of the Under Secretary. what is of significance to us, is that ge- as we all know, the ability to destroy (b) FUNCTIONS.—The Under Secretary for Intellectual Property, under the direction of netics is important in our daily lives all forms of human life. the Secretary of Commerce, shall— now. Today, Mr. President, we stand at the (1) advise the President, through the Sec- Let me suggest that the time has dawn of the genetic age and once again retary of Commerce, on national and inter- come to protect information about confront heretofore unknown power national intellectual property policy issues; human genetics that has been obtained over our destiny on this small planet. (2) advise the Secretary of Commerce on by researchers or otherwise from indi- The recent reports of the cloning of international trade issues concerning intel- vidual human beings, individual citi- mammals places this power in sharp re- lectual property; zens of this country. lief. Within a few short years, Mr. (3) promote in international trade the I have a rather detailed bill, in which President, the human genome project United States industries that rely on intel- lectual property; Senator DODD is joining me, as is Sen- will decipher the entire human genetic (4) advise Federal agencies on ways to im- ator JEFFORDS, the chairman of the code. The entire genetic human code prove intellectual property protection in Labor, Health and Human Resources will be deciphered in our lifetime, pro- other countries through economic assistance Committee. This will actually say that viding a blueprint of a human being’s and international trade; what we are going to have to get is the most personal and potent information. (5) review and coordinate all proposals by consent of the person whose genetic in- This blueprint, Mr. President, will agencies to assist foreign governments and formation we intend to use in almost hopefully allow us to understand and international intergovernmental agencies in any way. We know that genetic infor- remedy illnesses in all its forms. We improving intellectual property protection; (6) carry on studies related to the effective- mation is just as significant as finger- are already reaping some of the bene- ness of intellectual property protection prints of the past in terms of identi- fits of this newfound knowledge of our throughout the world; and fying people. genetic makeup. Genetic testing, as (7) in coordination with the Department of Much can be determined about a per- many are already aware, is available State, carry on studies cooperatively with son’s life, about a person’s future, from for several serious diseases and ill- foreign intellectual property offices and genetic information. Now is the time nesses, including breast cancer and international organizations. to have a serious debate in the U.S. colon cancer. Armed with this genetic (c) CONSULTATION.—In connection with the Congress about how that information information, individuals can take addi- performance of this section, the Under Sec- retary for Intellectual Property shall, in ad- should be protected. The bill which I tional steps to safeguard their health. vance of major policy initiatives, consult introduce will begin that dialogue in For instance, more frequent screenings with the Commissioner of the United States the appropriate committee. and checkups. Patent and Trademark Office and the Reg- I send to the desk the bill. For those However, Mr. President, it will allow ister of Copyrights.∑ who have been giving us constructive the exploitation of the human frailty information about it, this is the very to which one might be genetically pre- By Mr. DOMENICI (for himself, last draft after many people in indus- disposed, and concerns have been raised Mr. JEFFORDS, and Mr. DODD): try, in the biotechnology community, about the privacy of this information. S. 422. A bill to define the cir- and in the community of genetics have Many Americans are concerned that cumstances under which DNA samples given us information. I have a side by dissemination of this information may be collected, stored, and analyzed, side on this bill and a detailed state- could lead to job discrimination and and genetic information may be col- ment explaining it. I send them all to difficulty in getting or maintaining lected, stored, analyzed, and disclosed, the desk and ask that the bill be re- health insurance or life insurance. to define the rights of individuals and ferred to the appropriate committee. These are important issues. persons with respect to genetic infor- Now I yield to my good friend, Sen- Clearly, in this area of increasing mation, to define the responsibilities of ator DODD, from Connecticut. medical technology, we must be able to persons with respect to genetic infor- Mr. DODD. Mr. President, I thank my ensure a balance between scientific ad- mation, to protect individuals and fam- colleague for yielding. Let me begin vancement and the privacy rights of in- ilies from genetic discrimination, to my brief remarks by commending our dividuals. This bill that my colleague establish uniform rules that protect in- colleague from New Mexico for, once from New Mexico has offered begins dividual genetic privacy, and to estab- again, taking leadership on a signifi- that critical process. It requires strict lish effective mechanisms to enforce cant health issue. I have had the privi- informed consent procedures while al- the rights and responsibilities estab- lege, Mr. President, of working with lowing genetic scientific research to lished under this act; to the Committee my colleague from New Mexico, Sen- continue. Specifically, this legislation on Labor and Human Resources. ator DOMENICI, on numerous issues, provides protections against unwar- THE GENETIC CONFIDENTIALITY AND most recently things like frivolous ranted disclosure of genetic informa- NONDISCRIMINATION ACT OF 1997 lawsuits and mental health. I am de- tion to employers and insurance com- Mr. DOMENICI. Mr. President, fellow lighted to join him as a principal co- panies. Senators, I rise today to introduce a sponsor of this proposal of the Genetic Mr. President, I am cosponsoring this measure, the title of which will be the Confidentiality and Nondiscrimination legislation because I believe it is im- Genetic Confidentiality and Non- Act of 1997. portant that we address these issues discrimination Act of 1997. Mr. President, this legislation is today rather than wait. I know some Let me just suggest, during the last 2 critically important. It deals with have voiced concerns about this legis- weeks at every turn we have seen and basic concerns that people have today. lation. We hear them. We recognize heard reports of the latest achieve- It is of critical importance to our coun- this is a complex area of law with ments in the advancement of genetic try, important to individuals and to re- many important interests at stake. In technologies. Man has been controlling searchers. We are not claiming here fact, Mr. President, we will be having a the genetics of domestic animals and this is perfect, but the kind of work hearing in the Labor Committee this plants for many thousands of years, that Senator DOMENICI has done al- week on the issue of cloning, to which

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2141 our colleague from New Mexico will be vigorously reject the concept of cre- cells in a drop of blood or cells that are testifying—not specifically about this ating genetic copies of human beings. stored in a laboratory after we have bill, but I suspect this bill may be the But what these new events do bring medical tests. subject of some dialog in that hearing. home to us is the grave significance of Our personal and unique genetic in- So we are already beginning to look genetics in our daily lives. formation is the essence of our individ- to try and raise the questions that peo- I rise today to revisit a timely and uality. And today we seek to protect ple, I think, would want us to address, momentous issue in the discovery and this information from public scrutiny protecting people’s privacy rights, so elucidation of human genetic informa- or disclosure without the express con- that that information that we are able tion—the issue of genetic confiden- sent of the individual who is the source to glean will not be misused. I think tiality and nondiscrimination. of the information. this is an important step in that effort. The human genome project is rapidly So, today, I, and my colleagues, Sen- I commend my colleague from New proceeding toward its goal of deci- ator JEFFORDS and Senator DODD intro- Mexico. I am delighted to cosponsor his phering the human genetic code. Cur- duce the Genetic Confidentiality and bill. rent projections tell us that the goal of Nondiscrimination Act of 1997. This The PRESIDING OFFICER. The time reading the entire genetic script of 3 legislation is designed to reinforce the has expired. billion nucleotides and some 100,000 statutes that some 19 state legislatures Mr. DOMENICI. I ask unanimous genes of the human genome will be have enacted. This legislation echoes consent for an additional minute. reached by the year 2005, which will be the concerns of many of my colleagues The PRESIDING OFFICER. Without several years earlier than was initially in this Chamber as we all seek to come objection, it is so ordered. projected when the project was under- to grips with this pressing and ubiq- Mr. DOMENICI. Mr. President, I did taken in 1990. uitous issue. I hope that this bill will not, in my statement, mean to tie When the project is complete, we will invite exhaustive debate and legisla- cloning into this bill. It is just that all have knowledge of man’s complete ge- tive review, so that we will achieve a of that is part of this explosion of the netic blueprint—a blueprint that is the firm national standard for individual science of genetics and its application most personal and most private infor- privacy with respect to genetic infor- for various aspects of both human and mation that any human being can mation. animal life in America and in the have. The bill that I introduce today fo- world. We will have a wealth of knowledge cuses on two areas of serious concern. Let me suggest that if we are going of how our countless individual traits The first issue is the relationship be- to continue research, we have this are determined. And perhaps more im- tween the interests of genetics re- major American project called the Ge- portant, we will have fundamental search and the individuals who self- nome Project wherein all of the chro- knowledge about the 3,000 or more lessly participate as subjects in hun- mosomes of the human being are going genes that can cause sickness and dreds of genetics research projects. The to be mapped, all 23 pairs of them. We sometimes even death. And we will past year, 1996, witnessed the 50th anni- will know where most of the diseases have realized one of mankind’s greatest versary of the birth of the Nuremberg are located within the chromosome scientific achievements. Code and the public acknowledgement system of the human being. Our sci- At the time the human genome of the doctrine of informed consent for entists can then take this information project was first brought to my atten- participation in research. Over this and begin the long journey toward cur- tion 11 years ago, I realized that deci- half century, we have repeatedly af- ing most of humankind’s serious dis- phering our genetic code would have firmed the right of the individual to be eases over time. immense implications for our medical fully informed about any research While all that is going on, the one welfare. But equally important, if not project that he or she is asked to par- thing we do not need, we do not need more so, were the implications of ge- ticipate in and to give voluntary con- an abuse of the information by either netic information with respect to eth- sent to participation. researchers, scientists, insurance com- ics and the law. This is why I insisted In this present bill we will extend the panies or the like, such that it would that the budget for the human genome concept of informed consent to give excite the American people to turn project include funds specifically allo- each individual the right to control the against such research. One thing we cated for addressing the ethical, legal, deciphering of his or her most personal ought to do in that regard is pass some and social implications of our new ge- information and the disclosure of that kind of protection for genetic informa- netic technologies. information to other persons. And we tion. That is what this bill attempts to Now that we have the know-how to will create a partnership between re- do. generate genetic information on indi- searchers and the people—the sub- Obviously, there is a whole field of viduals and their families, we find our- jects—who are the foundation of re- ethics that must be really put together selves asking some very basic ques- search in genetics. and nourished across the land regard- tions about who has a right to control We might consider a recent example ing this, or we will cause breakouts to access to personal genetic information. of genetic testing that was carried out occur in terms of abuse of genetic in- Should our personal physicians know on a collection of samples that had formation, all of which could be very this information? Our families and been retained for some years in a ge- harmful to the greatest wellness effort friends? Our insurers and employers? netics laboratory. These samples had in humankind, in human history. That As we begin to consider these ques- been gathered for the purpose of de- is, finding out the basic genetic struc- tions, we find that they are deeply tecting carriers of a recessive gene for ture of the human being. troublesome issues that reach into the Tay Sachs disease, a disease that in- Mr. President, during the past 2 lives of many Americans. variably causes the death of infants weeks, at every turn, we have been Today I place before you a bill that who get a double dose of the gene, one seen and heard reports of the latest addresses the broad issues of genetic from each parent. The more recent achievement in the advance of genetic confidentiality and nondiscrimination. question concerned the frequency of technologies. Man has been controlling This legislation will affirm the right of one of the breast cancer genes in that the genetics of domestic animals and the individual to have some control population. So samples that were origi- plants for many thousands of years, over his or her most personal informa- nally collected for one purpose were but the latest announcements about tion. To be sure, much of our genetic later used for another purpose, without cloning sheep and monkeys have been information is similar—even iden- the permission of the people who had particularly dramatic. And most of the tical—among all human beings. This is donated the samples and without the drama arises from the media specula- what makes us all members of the fam- possibility of getting any new informa- tion that follows about the possibility ily of man. But much of our genetic in- tion back to the people who had do- of cloning humans. Such an event is formation is also unique—it is the in- nated the samples. widely viewed as next to impossible be- formation that makes each human dis- Both protection and partnership are cause the scientific community and of- tinct from all others. And it is infor- critical as we continue to define our fices of Federal funding and oversight mation that can be deciphered from genetic legacies, particularly because

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2142 CONGRESSIONAL RECORD — SENATE March 11, 1997 genetics has implications in many fac- I forward a summary of this bill to tain the memorial once completed. In ets of our everyday lives, including the desk and ask unanimous consent accordance with the Commemorative medicine, employment, insurance, edu- that it be printed in the RECORD at the Works Act of 1986, $1 million must be cation, forensics, finance, and even our conclusion of my remarks. raised in non-Federal funds to con- own self-perceptions. struct this gift to Washington and all The second issue addressed in this By Mr. ROBB (for himself and Americans and ground-breaking is or- legislation is the relationship between Mr. WARNER): dered to occur no later than August individuals, on the one hand, and em- S. 423. A bill to extend the legislative 1997. The Board of Regents of Gunston ployers and health insurers, on the authority for the Board of Regents of Hall Plantation, a historical organiza- other. This legislation will very simply Gunston Hall to establish a memorial tion that oversees Mason’s family preclude employers or health insurers to honor George Mason; to the Com- home in Fairfax County, is dedicated from requesting or requiring genotype mittee on Energy and Natural Re- to raising the necessary funds for the information as a condition of employ- sources. monument and seeing this important ment or health insurance. THE GEORGE MASON MEMORIAL ESTABLISHMENT project through to its completion, how- Many people in our society have al- ACT OF 1997 ever, the August 1997 deadline is rap- ready been discriminated against be- ∑ Mr. ROBB. Mr. President, I introduce idly approaching. At this time, it cause other people had access to infor- a bill to extend the legislative author- seems that the fundraising effort will mation about their genes. We want to ity for the Board of Regents of Gunston not be completed and that’s why today avoid any more situations in which Hall to establish a memorial to honor a I introduce the necessary legislation healthy people are denied employment distinguished Virginian, George Mason. granting an extension until August or insurance when they disclose infor- In 1776, George Mason wrote the Vir- 2000. mation about their genes. Consider, for ginia Declaration of Rights, the first The Commemorative Works Act, example, the man who acknowledged document in America calling for free- passed into law to prevent over- that he had genes for dom of the press, freedom of religion, crowding on the Mall, requires two sep- hemochromatosis. This is a disease proscription of unreasonable searches, arate acts of Congress before a memo- that can be devastating if untreated, and the right to a speedy trial. The rial may be placed in area I lands, and but it can be successfully treated. This Virginia Declaration of Rights not only both of these hurdles have been man was successfully treated and was served as a model for our national Bill cleared. The final battle is a fund- completely healthy, but he was denied of Rights; but historians believe that raising one and the Board of Regents of insurance simply because of his genes, Mason’s refusal to sign the Constitu- Gunston Hall has a plan of attack. Last and this should not happen. tion for its failure, initially, to include year, they launched Liberty 2000, a We do, however, carve out one excep- a declaration of rights was a major im- campaign to share George Mason’s leg- tion to the general rule, for protecting petus for eventual adoption of the first acy of liberty. The Board of Regents employees and coworkers from haz- 10 amendments to the Constitution. hope to build an endowment fund to en- ardous conditions or situations in the George Mason sacrificed friendships sure a secure future for Gunston Hall workplace. For example, an employer by insisting that a strong national gov- and attain the necessary non-Federal may have a valid reason to know ernment could not be purchased at the funds to break ground and complete whether an employee has a genetic sus- cost of individual rights, and Mason in- their efforts to bring George Mason’s ceptibility to a certain chemical that evitably chose his family over politics. legacy to the Mall. I ask that you join is a part of the work environment. So He retired from public office following me in swiftly supporting this 3-year ex- the exception allows a request for ge- the Constitutional Convention and died tension so we may properly commemo- netic information if it is a matter of just a few years later in 1792. His con- rate this great statesman and Vir- immediate business necessity. temporaries, Thomas Jefferson and ginian, George Mason.∑ I would like to be very clear that this James Madison, lived decades longer legislation does not make it illegal to By Mr. MURKOWSKI (for himself and were elected Presidents of the collect, or store, or analyze, or even and Mr. STEVENS): United States, and thus Mason’s con- disclose, an individual’s genetic infor- S. 424. A bill to adjust the Federal mation. It simply gives the individual tributions were soon overshadowed. medical assistance percentage deter- Efforts were combined during the control over this process through a rig- mined for Alaska under the Medicaid 101st Congress to at last honor Amer- orous procedure for written, informed Program to reflect Alaska’s cost of liv- ica’s ‘‘Forgotten Founder.’’ Legislation consent. The only exceptions for indi- ing; to the Committee on Finance. authorizing a private, nonprofit organi- vidual control are questions of compul- THE ALASKA MEDICAID EQUITY ACT OF 1997 zation to establish a memorial to sory process, such as criminal inves- ∑ Mr. MURKOWSKI. Mr. President, I, George Mason on Federal land in the tigations, or court-ordered analyses. along with my distinguished colleague, District of Columbia passed and was Specifically, the purposes of this leg- Senator STEVENS, introduce legislation islation are: signed by then-President George Bush. that will more accurately reflect the First, to define the circumstances In the 102d Congress, a resolution con- appropriate Federal/State funding for- under which DNA samples and genetic curred that George Mason was an indi- mula for Alaska’s Medicaid Program. information may be collected, stored, vidual ‘‘of preeminent historical sig- One-sixth of Alaska’s population is analyzed, and disclosed; second, to de- nificance to the nation,’’ and author- eligible to receive Medicaid, and the fine the rights of individuals with re- ized the placement of the memorial population is growing. These Medicaid spect to genetic information; third, to within select area I lands, in sight of recipients are the needy children, preg- define the responsibilities of third par- the memorials of two of Mason’s clos- nant women, disabled, and elderly poor ties with respect to genetic informa- est friends: George Washington and of Alaska. tion; fourth, to protect individuals and Thomas Jefferson. The legislation was Ever since the Medicaid Program was families from genetic discrimination; signed into law on April 28, 1992, and established in 1965, the Federal/State and fifth, to establish uniform rules approved by the National Capital Me- funding formula has failed to recognize that protect individual genetic privacy. morial Committee in December 1993. the extraordinarily high cost of living The need for this legislation is clear To pay homage to a man whose ideas that all Alaskans face. Under current and pressing. I look forward to working played a prominent role in the found- law, the funding formula that is used with my colleagues in the Senate and ing of the American Republic, a fitting to determine the Federal matching in the House to bring this issue to a memorial has been designed for this su- payment is based on a comparison be- satisfactory resolution for the Amer- preme site, located between Ohio Drive tween average per capita income in the ican people. The Human Genome and the 14th Street Bridge, overlooking United States and each individual Project holds the greatest promise of the Tidal Basin. The memorial designs State’s per capita income. benefits for mankind, but these bene- have been completed and submitted for Under the current formula, the min- fits will elude us if people are afraid of review to all necessary advisory and re- imum Federal Medicaid match is 50 the consequences of deciphering their view boards and by agreement, the percent. The highest Federal match is own genetic formulas. United States Park Service is to main- 77.2

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2143 percent and is provided to the State $40 to $50 million for the State of Alas- tion. In doing so, it is important that with the lowest per capita income— ka Legislature. we are able to measure inflation as pre- Mississippi. By contrast, Alaska has a This adjustment was included in leg- cisely as possible, and I view this board 50/50 Federal/State match based on the islation that was reported from the as our best hope of accurately meas- fact that it has the seventh highest per Senate Finance Committee as part of uring inflation. capita income in the United States, the reconciliation bill that was adopted I cannot emphasize too greatly the $17,961 based on 1993 data. in 1995. However, that omnibus bill was importance of an accurate measure- However, many Federal programs ultimately vetoed for unrelated rea- ment of inflation. If the index is too recognize that per capita income, by sons. high, it overcompensates retirees and itself, is not a fair measure of wealth. Mr. President, we in Alaska have en- others and undertaxes many taxpayers. For example, a special Federal Govern- dured this historic inequity for nearly If it is too low, it undercompensates re- ment cost-of-living adjustment is pro- a third of a century. I hope my col- tirees and overtaxes the taxpayer. vided to Federal employees in Alaska leagues will agree, the time to right What we want is fairness to all with as to reflect our cost differential. Other this wrong is this year.∑ accurate an index as possible. Federal formulas, such as the formula I want to stress that any action we By Mr. ROTH (for himself and for the Federal School Lunch Program, take on this issue must be broadly and Mr. MOYNIHAN): Food Stamp Program, and certain S. 425. A bill to provide for an accu- deeply bipartisan. We must have the housing programs each recognize and rate determination of the cost of liv- full cooperation and leadership by take into consideration Alaska’s high ing; to the Committee on Finance. President Clinton. I hope the President cost of living. will not miss an opportunity to con- COST-OF-LIVING BOARD ACT OF 1997 Mr. President, I recognize that Alas- sider this board as one possible option Mr. ROTH. Mr. President, today my ka’s $17,961 per capita income suggests that will ‘‘take the politics out of it’’ good friend, Senator MOYNIHAN, and I it is one of the wealthier States. How- are introducing a landmark piece of and fulfill his goals set out in his State ever, when the 25 percent higher cost of legislation to create a cost-of-living of the Union Address to ‘‘do the right living is factored in, the State looks board that will improve our Govern- thing for the country.’’ Clearly, this re- far less wealthy. In fact, when Alaska’s ment’s ability to index Federal pro- form will not be successful without the high cost of living is factored into the grams with a more accurate measure- President’s leadership. equation, it would appear that an Alas- ment of inflation. Clearly, there are a Mr. President, I ask unanimous con- kan with an income of $17,961 lives at number of ways to address the accurate sent that the text of the bill be printed the same economic level as a person in measure of inflation with regard to our in the RECORD. Iowa with a per capita income of indexed Federal tax and benefit pro- There being no objection, the bill was $14,399. Yet Iowa enjoys a 62/38 Federal/ grams. In my view, this bill represents ordered to be printed in the RECORD, as State Medicaid match. one possible way to achieve greater ac- follows: Why is Alaska’s cost of living higher curacy. It is not the only way, but I be- S. 425 than the lower 48 States? The answer is lieve it is our best effort to create a Be it enacted by the Senate and House of Rep- primarily because of the high cost of mechanism to fairly compensate tax- resentatives of the United States of America in shipping goods to Alaska. Almost ev- payers and benefit recipients alike. Congress assembled, erything of substantial size or volume One of the most significant issues SECTION 1. SHORT TITLE. comes to Alaska by water, and despite that faces Congress this year is the ac- This Act may be cited as the ‘‘Cost-of-Liv- ing Board Act of 1997’’. healthy competition among carriers, curacy of the Consumer Price Index, prices remain high due to the distance SEC. 2. COST-OF-LIVING ADJUSTMENTS. and I believe that Congress and the Title XI of the Social Security Act (42 traveled and the fact that Alaska re- President need to seriously address the mains an importer of goods, not an ex- U.S.C. 1301 et seq.) is amended by adding at economic ramifications of an inac- the end the following: porter. That means most vessels are curate measure of the cost of living. ‘‘PART D—COST-OF-LIVING ADJUSTMENTS unable to carry a backhaul cargo that The five-member board created in our ‘‘DETERMINATION OF INFLATION ADJUSTMENT would lower the overall cost of the bill will meet throughout the year to, ‘‘SEC. 1180. (a) IN GENERAL.—The Cost-of- round trip. Moreover, because of an un- first, review the statistical evidence developed road structure, most food Living Board established under section 1181 about inflation produced by the Bureau shall each calendar year after 1996 attempt transported to remote villages in Alas- of Labor Statistics and others, and to determine a single percentage increase or ka rely exclusively on air freight. after careful review of all the evidence decrease in the cost-of-living which shall What this high shipping cost means regarding inflation, the board will then apply to any cost-of-living adjustment tak- is that it costs a family of four in Beth- produce a cost-of-living adjustment by ing effect during the next calendar year. el, Alaska’s largest rural community, a majority vote of the members of the ‘‘(b) ADOPTION OR REJECTION OF PERCENT- nearly $30 more each week to feed their commission not later than November 1 AGE.— family, compared to the average family of each year. ‘‘(1) ADOPTION.— ‘‘(A) IN GENERAL.—If the Cost-of-Living in the United States. And, it is these This inflation adjustment number rural Alaska areas that have the high- Board adopts by majority vote a single per- will serve as a number for which all centage increase or decrease under sub- est number of Medicaid recipients. Federal benefit programs and tax items section (a), then, notwithstanding any other The present Medicaid formula is fun- will be indexed for the coming year provision of law, any cost-of-living adjust- damentally unfair because it doesn’t without further action by the Congress ment to take effect during the following cal- reflect these facts. What it means is or the President. If, however, the cost- endar year shall be made by using such per- that more people in Alaska are eligible of-living board fails by a majority vote centage and not by using the change in the for Medicaid, but the Federal match to produce a cost-of-living adjustment, Consumer Price Index (or any component isn’t adjusted accordingly. Basically, then current law applies. That is to thereof). the current Federal formula gives us ‘‘(B) APPROPRIATE MODIFICATIONS.—The say, that the BLS-produced CPI will be Cost-of-Living Board shall make appropriate more Medicaid users and provides less used to index tax and benefit programs. modifications to the single percentage ap- money to pay for their services. to ex- Let me be clear. This cost-of-living plied to any cost-of-living adjustment if— acerbate this inequity—health care board will not—and I emphasize not— ‘‘(i) the period during which the change in costs in Alaska are estimated to be 71 study the accuracy of the Consumer the cost-of-living is measured for such ad- percent higher than the national aver- Price Index. We have already had the justment is different than the period used by age. Boskin commission which did just the Cost-of-Living Board; or The legislation we are introducing that. The report was widely praised ‘‘(ii) the adjustment is based on a compo- today, The Alaska Medicaid Equity within the Economic Community, in- nent of an index rather than the entire index. Act, finally resolves this inequity. It cluding many highly respected econo- ‘‘(2) REJECTION.—If the Cost-of-Living adjusts the Medicaid formula for Alas- mists, such as Dr. Alan Greenspan and Board fails by majority vote to adopt a sin- ka to factor in the State’s high cost of Dr. Martin Feldstein. gle percentage increase or decrease under living. Passage of this legislation One of the roles in Government is to subsection (a) for any calendar year, then would result in an estimated savings of protect American families from infla- any cost-of-living adjustment to take effect

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during the following calendar year shall be ‘‘(B) VACANCIES.— ‘‘(3) STAFF.— determined without regard to this part. ‘‘(i) IN GENERAL.—A vacancy on the Board ‘‘(A) IN GENERAL.—The Chairperson of the ‘‘(c) REPORT.—Not later than November 1 shall be filled in the manner in which the Board may, without regard to the civil serv- of each year, the Cost-of-Living Board shall original appointment was made and shall be ice laws and regulations, appoint and termi- submit a report to the President and Con- subject to any conditions which applied with nate an executive director and such other ad- gress containing a detailed statement with respect to the original appointment. ditional personnel as may be necessary to respect to— ‘‘(ii) FILLING UNEXPIRED TERM.—An indi- enable the Board to perform its duties. The ‘‘(1) the percentage (if any) agreed to by vidual chosen to fill a vacancy shall be ap- employment of an executive director shall be the Board under subsection (a); and pointed for the unexpired term of the mem- subject to confirmation by the Board. ‘‘(2) the decision of the Board on whether ber replaced. ‘‘(B) COMPENSATION.—The Chairperson of or not to adopt such a percentage. ‘‘(C) EXPIRATION OF TERMS.—The term of the Board may fix the compensation of the ‘‘(d) JUDICIAL REVIEW.—Any determination any member appointed under paragraph executive director and other personnel with- by the Cost-of Living Board under subsection (2)(A)(iii) shall not expire before the date on out regard to the provisions of chapter 51 and (a) or (b)(1)(B) shall not be subject to judicial which the member’s successor takes office. subchapter III of chapter 53 of title 5, United review. ‘‘(4) INITIAL MEETING.—Not later than 30 States Code, relating to classification of po- ‘‘(e) DEFINITION OF COST-OF-LIVING ADJUST- days after the date on which all members of sitions and General Schedule pay rates, ex- MENT.—In this part, the term ‘cost-of-living the Board have been appointed, the Board cept that the rate of pay for the executive di- adjustment’ means any adjustment under shall hold its first meeting. Subsequent rector and other personnel may not exceed any of the following which is determined by meetings shall be determined by the Board the rate payable for level IV of the Executive reference to any Consumer Price Index (or by majority vote. Schedule under section 5316 of such title. any component thereof): ‘‘(5) OPEN MEETINGS.—Notwithstanding sec- ‘‘(4) DETAIL OF GOVERNMENT EMPLOYEES.— ‘‘(1) The Internal Revenue Code of 1986. tion 552b of title 5, United States Code, or Any Federal Government employee may be ‘‘(2) Titles II, XVI, XVIII, and XIX of this section 10 of the Federal Advisory Com- detailed to the Board without additional re- Act. mittee Act (5 U.S.C. App.), the Board may, imbursement (other than the employee’s reg- ‘‘(3) Any other Federal program. by majority vote, close any meeting of the ular compensation), and such detail shall be ‘‘COST-OF-LIVING BOARD Board to the public otherwise required to be without interruption or loss of civil service ‘‘SEC. 1181. (a) ESTABLISHMENT OF BOARD.— open under that section. The Board shall status or privilege. ‘‘(1) ESTABLISHMENT.—There is established make the records of any such closed meeting ‘‘(5) PROCUREMENT OF TEMPORARY AND a board to be known as the Cost-of-Living available to the public not later than 30 days INTERMITTENT SERVICES.—The Chairperson of Board (in this section referred to as the of that meeting. the Board may procure temporary and inter- ‘Board’). ‘‘(6) QUORUM.—A majority of the members mittent services under section 3109(b) of title of the Board shall constitute a quorum, but ‘‘(2) MEMBERSHIP.— 5, United States Code, at rates for individ- a lesser number of members may hold hear- ‘‘(A) COMPOSITION.—The Board shall be uals which do not exceed the daily equiva- composed of 5 members of whom— ings. lent of the annual rate of basic pay pre- ‘‘(i) 1 shall be the Chairman of the Board of ‘‘(7) CHAIRPERSON AND VICE CHAIRPERSON.— scribed for level V of the Executive Schedule The Board shall select a Chairperson and Governors of the Federal Reserve System; under section 5316 of such title. Vice Chairperson from among the members ‘‘(ii) 1 shall be the Chairman of the Presi- ‘‘(d) TERMINATION.—Section 14 of the Fed- appointed under paragraph (2)(A)(iii). dent’s Council of Economic Advisers; and eral Advisory Committee Act (5 U.S.C. App.) ‘‘(b) POWERS OF THE BOARD.— ‘‘(iii) 3 shall be appointed by the President, shall not apply to the Board. ‘‘(1) HEARINGS.—The Board may hold such by and with the advice and consent of the hearings, sit and act at such times and ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— Senate. places, take such testimony, and receive There are authorized to be appropriated to The President shall consult with the leader- such evidence as the Board considers advis- the Board such sums as are necessary to ship of the House of Representatives and the able to carry out the purposes of this part. carry out the purposes of this part.’’. Senate in the appointment of the Board ‘‘(2) INFORMATION FROM FEDERAL AGEN- Mr. MOYNIHAN addressed the Chair. members under clause (iii). CIES.—The Board may secure directly from The PRESIDING OFFICER. The Sen- ‘‘(B) EXPERTISE.—The members of the any Federal department or agency such in- ator from New York. Board appointed under subparagraph (A)(iii) formation as the Board considers necessary Mr. MOYNIHAN. Mr. President, I am shall be experts in the field of economics and to carry out the provisions of this part, in- should be familiar with the issues related to cluding the published and unpublished data honored to be a cosponsor of this meas- the calculation of changes in the cost of liv- and analytical products of the Bureau of ure which our revered chairman has ing. In appointing members under subpara- Labor Statistics. Upon request of the Chair- brought to the floor. I would like to en- graph (A)(iii), the President shall consider person of the Board, the head of such depart- dorse each and every thing he has said. appointing— ment or agency shall furnish such informa- This legislation would create an inde- ‘‘(i) former members of the President’s tion to the Board. pendent Cost of Living Board to deter- Council of Economic Advisers; ‘‘(3) POSTAL SERVICES.—The Board may use mine annually what cost of living ad- ‘‘(ii) former Treasury department officials; the United States mails in the same manner justments should be made for the fol- ‘‘(iii) former members of the Board of Gov- and under the same conditions as other de- ernors of the Federal Reserve System; partments and agencies of the Federal Gov- lowing calendar year. In the event a ‘‘(iv) other individuals with relevant prior ernment. majority of the Board cannot agree on government experience in positions requir- ‘‘(4) GIFTS.—The Board may accept, use, a decision, then by default the auto- ing appointment by the President and Sen- and dispose of gifts or donations of services matic adjustments would be based on ate confirmation; and or property. the change in the Consumer Price ‘‘(v) academic experts in the field of price ‘‘(c) BOARD PERSONNEL MATTERS.— Index as calculated by the Bureau of statistics. ‘‘(1) COMPENSATION OF MEMBERS.—Each Labor Statistics. ‘‘(C) DATE.— member of the Board who is not otherwise an ‘‘(i) NOMINATIONS.—Not later than 30 days officer or employee of the Federal Govern- The Board would have five members after the date of enactment of the Cost of ment shall be compensated at a rate equal to and would be comprised as follows: the Living Board Act of 1997, the President shall the daily equivalent of the annual rate of Chairman of the Board of Governors of submit the nominations of the members of basic pay prescribed for level III of the Exec- the Federal Reserve System; the Chair- the Board described in subparagraph (A)(iii) utive Schedule under section 5315 of title 5, man of the President’s Council of Eco- to the Senate. United States Code, for each day (including nomic Advisers; and three others ap- ‘‘(ii) SENATE ACTION.—Not later than 60 travel time) during which such member is pointed by the President with the ad- days after the Senate receives the nomina- engaged in the performance of the duties of vice and consent of the Senate. The bill tions under clause (i), the Senate shall vote the Board. All members of the Board who on confirmation of the nominations. otherwise are officers or employees of the specifies that members of the board ‘‘(3) TERMS AND VACANCIES.— United States shall serve without compensa- shall be professional economists famil- ‘‘(A) TERMS.—A member of the Board ap- tion in addition to that received for their iar with issues related to the calcula- pointed under paragraph (2)(A)(iii) shall be services as officers or employees of the tion of changes in the cost of living, appointed for a term of 5 years, except that United States. such as index number theory. of the members first appointed under that ‘‘(2) TRAVEL EXPENSES.—The members of There is a growing consensus that paragraph— the Board shall be allowed travel expenses, the CPI overstates the cost of living. In ‘‘(i) 1 member shall be appointed for a term including per diem in lieu of subsistence, at December 1996, the Advisory Commis- of 1 year; rates authorized for employees of agencies ‘‘(ii) 1 member shall be appointed for a under subchapter I of chapter 57 of title 5, sion to Study the Consumer Price term of 3 years; and United States Code, while away from their Index appointed by the Finance Com- ‘‘(iii) 1 member shall be appointed for a homes or regular places of business in the mittee—the Boskin Commission—con- term of 5 years. performance of services for the Board. cluded that the Consumer Price Index

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2145 overstates the inflation by 1.1 percent- that they see the necessity for doing S. 418 age points. The distinguished Chair- this. At the request of Mr. WARNER, the man of the Board of Governors of the Our distinguished majority leader, name of the Senator from Virginia [Mr. Federal Reserve, Alan Greenspan, over there in the corner even as I ROBB] was added as a cosponsor of S. agrees. And in testimony before the Fi- speak, has spoken to this matter. And 418, a bill to close the Lorton Correc- nance Committee, Chairman Green- now we have a proposal for legislative tional Complex, to prohibit the incar- span provided the definitive response action. With great and renewed thanks ceration of individuals convicted of to those who have argued that this for our chairman, I yield the floor. felonies under the laws of the District issue should not be ‘‘politicized.’’ He Mr. ROTH addressed the Chair. of Columbia in facilities of the District The PRESIDING OFFICER. The Sen- said: of Columbia Department of Correc- ator from Delaware. There has been considerable objection that Mr. ROTH. Let me start out by tions, and for other purposes. such a . . . procedure would be a political fix. thanking the distinguished Senator SENATE RESOLUTION 50 To the contrary assuming zero for the . . . from New York for his leadership in At the request of Mr. ROTH, the bias is the political fix. On this issue, we names of the Senator from Indiana should let evidence, not politics, drive pol- this critically important matter. I can [Mr. LUGAR], the Senator from Utah icy. say, fairly, that nothing would have [Mr. HATCH], the Senator from Alaska I referred earlier to index number happened if it had not been for his will- [Mr. MURKOWSKI], the Senator from Ne- theory. I might add that in the last ingness to step out early on and take braska [Mr. HAGEL], the Senator from decade or two, there has been very con- measures that I think are in the best Colorado [Mr. ALLARD], the Senator siderable advancement in the subfield interests of this Nation and the people from Wyoming [Mr. ENZI], the Senator of index number theory—the point of this great country. from Virginia [Mr. ROBB], the Senator where mathematics meets economics. f from Nevada [Mr. BRYAN], the Senator We know a lot more than we did. We ADDITIONAL COSPONSORS from Wisconsin [Mr. KOHL], and the can do it better than we do. There are S. 66 Senator from Connecticut [Mr. LIEBER- persons who have specialized in this. At the request of Mr. HATCH, the MAN] were added as cosponsors of Sen- The first particular study goes back names of the Senator from New York to 1961, when the National Bureau of ate Resolution 50, a resolution to ex- [Mr. D’AMATO] and the Senator from press the sense of the Senate regarding Economic Research, at the request of Wyoming [Mr. ENZI] were added as co- the then Bureau of the Budget, gave us the correction of cost-of-living adjust- sponsors of S. 66, a bill to amend the ments. a report by a committee chaired by Internal Revenue Code of 1986 to en- George J. Stigler, soon to be a Nobel courage capital formation through re- f laureate, on the price indexes of the ductions in taxes on capital gains, and Federal Government. It concluded the for other purposes. AMENDMENTS SUBMITTED indexes overstated changes in the cost S. 293 of living. At the request of Mr. HATCH, the They did not have any estimates of name of the Senator from California COMMITTEE ON GOVERNMENTAL the bias at the time, but they knew [Mrs. FEINSTEIN] was added as a co- AFFAIRS EXPENDITURES AU- there was a bias. And in the manner of sponsor of S. 293, a bill to amend the THORIZATION RESOLUTION academic work, people addressed it. Internal Revenue Code of 1986 to make For what it is worth, perhaps one of permanent the credit for clinical test- the most distinguished practitioners ing expenses for certain drugs for rare LOTT (AND WARNER) AMENDMENT now teaches at the University of Brit- diseases or conditions. NO. 22 ish Columbia. In any event, we are able S. 347 to do so much more than we have done, At the request of Mr. CLELAND, the Mr. LOTT (for himself and Mr. WAR- and the need to get it right is para- name of the Senator from Iowa [Mr. NER) proposed an amendment to mount, it is our obligation, as persons GRASSLEY] was added as a cosponsor of amendment No. 21 proposed by Mr. responsible for the public fisc. S. 347, a bill to designate the Federal GLENN to the resolution (S. Res. 39) au- This bill represents the next step in a building located at 100 Alabama Street thorizing expenditures by the Com- logical progression. We are beyond a NW, in Atlanta, GA, as the ‘‘Sam Nunn mittee on Government Affairs; as fol- fact-finding commission. The over- Federal Center’’. lows: whelming evidence is that the CPI S. 359 In the pending amendment, strike all after overstates the change in the cost of liv- At the request of Mr. THOMAS, the ‘‘(b)’’ and insert the following: ing by between 0.5 and 1.5 percentage name of the Senator from Idaho [Mr. ‘‘(b) PURPOSE OF ADDITIONAL FUNDS.—The additional funds authorized by this section points. CRAIG] was added as a cosponsor of S. It is now time to consider how to go are for the sole purpose of conducting an in- 359, a bill to amend title XVIII of the vestigation of illegal activities in connection about getting the number right—and Social Security Act to change the pay- with 1996 Federal election campaigns. getting it right every year henceforth. ment system for health maintenance ‘‘(c) REFERRAL TO COMMITTEE ON RULES As the chairman indicated, it is our in- organizations and competitive medical AND ADMINISTRATION.—Because the Com- tention in introducing this bill to sug- plans. mittee on Rules and Administration, not the gest one possible mechanism. Certainly S. 405 Committee on Governmental Affairs, has ju- there are other options, and I would At the request of Mr. HATCH, the risdiction (rule 25) over all proposed legisla- not rule out any alternative at this tion and other matters relating to— name of the Senator from Massachu- ‘‘(1) federal elections generally, including point. Our purpose today is to keep at- setts [Mr. KERRY] was added as a co- the election of the President, the Vice Presi- tention focused and keep the dialogue sponsor of S. 405, a bill to amend the dent, and Members of the Congress, and moving on this issue, for delay is cost- Internal Revenue Code of 1986 to per- ‘‘(2) corrupt practices, ly. If we get our numbers right—and manently extend the research credit the Committee on Governmental Affairs that is all we propose to do—then we and to allow greater opportunity to shall refer to the Committee on Rules and save $1 trillion over 12 years. If we elect the alternative incremental cred- Administration any evidence of activities in delay for 2 years, then the savings are it. connection with 1996 federal election cam- paigns which activities are not illegal but reduced to $750 billion. S. 406 which may require investigation by a Com- I believe this Board, with the Chair- At the request of Mr. HATCH, the mittee of the Senate revealed pursuant to man of the Federal Reserve Board, the name of the Senator from Rhode Island the investigation authorized by subsection Chairman of the Council of Economic [Mr. CHAFEE] was added as a cosponsor (b).’’ Advisers, and the three economists of S. 406, a bill to amend the Internal nominated by the President and con- Revenue Code of 1986 to provide clari- firmed by the Senate, is a superb ap- fication for the deductibility of ex- LOTT (AND OTHERS) AMENDMENT proach. We hope it will be given the at- penses incurred by a taxpayer in con- NO. 23 tention it deserves now that it has nection with the business use of the Mr. LOTT (for himself, Mr. THOMP- been made clear by the White House home. SON, and Mr. WARNER) proposed an

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2146 CONGRESSIONAL RECORD — SENATE March 11, 1997 amendment to the resolution (S. Res. receive testimony regarding agri- open session, to receive testimony on 39) supra; as follows: culture research reauthorization. the Science and Technology Programs On page 10, line 19 after the word ‘‘illegal’’ The PRESIDING OFFICER. Without in the Department of Defense author- add ‘‘and improper’’. objection, it is so ordered. ization request for fiscal year 1998 and On page 10, line 23 after the word ‘‘illegal’’ COMMITTEE ON FINANCE the Future Years Defense Program. add ‘‘and improper’’. Mr. WARNER. Mr. President, the Fi- The PRESIDING OFFICER. Without f nance Committee requests unanimous objection, it is so ordered. consent to conduct a hearing on Tues- NOTICES OF HEARINGS f day, March 11, 1997, beginning at 10:30 ADDITIONAL STATEMENTS JOINT COMMITTEE ON PRINTING a.m. in room 215 Dirksen. Mr. WARNER. Mr. President, I wish The PRESIDING OFFICER. Without to announce that the Joint Committee objection, it is so ordered. TRIBUTE TO TED STONE on Printing will meet in S–128 of the COMMITTEE ON GOVERNMENTAL AFFAIRS ∑ Capitol on Thursday, March 13, 1997, at Mr. WARNER. Mr. President, I ask Mr. FAIRCLOTH. Mr. President, 2 p.m. to hold an organizational meet- unanimous consent on behalf of the today I would like to recognize a great ing of the Joint Committee on Printing Governmental Affairs Committee to American from my home State, a man and an oversight hearing of the Gov- meet on Tuesday, March 11, at 9:30 a.m. who is working to show all Americans ernment Printing Office. for a hearing on Census 2000. that individuals can make a difference For further information, please con- The PRESIDING OFFICER. Without in the war against drugs. Ted Stone, a tact Eric Peterson of the Joint Com- objection, it is so ordered. native of Durham, NC, wanted to do something to raise awareness about mittee on Printing at 224–7774. COMMITTEE ON INDIAN AFFAIRS our Nation’s drug problems. Ted has COMMITTEE ON ENERGY AND NATURAL Mr. WARNER. Mr. President, I ask been a motivational speaker for over 20 RESOURCES unanimous consent that the Senate years now on the subject of drug abuse. Mr. MURKOWSKI. Mr. President, I Committee on Indian Affairs be author- He has spoken to millions of people in would like to announce for the public ized to meet during the session of the churches, schools, civic organizations, that a hearing has been scheduled be- Senate on Tuesday, March 11, 1997, at prisons, and drug treatment facilities. fore the full Energy and Natural Re- 9:30 a.m. in room 485 of the Russell But he wanted to do something more. sources to receive testimony regarding Senate Building to approve the com- On March 14, 1996, here in Wash- S. 417, a bill ‘‘to extend energy con- mittee’s letter to the Committee on ington, DC, on the steps of our Nation’s servation programs under the Energy the Budget relating to budget views Capitol, Ted began a 3,700 mile walk Policy and Conservation Act through and estimates for fiscal year 1998 for across America. He completed that September 30, 2002,’’ S. 416, a bill ‘‘to Indian Programs. amend the Energy Policy and Con- The PRESIDING OFFICER. Without trek on November 19 of last year in Los servation Act to extend the expiration objection, it is so ordered. Angeles, CA on the steps of city hall. Ted’s dramatic journey across Amer- dates of existing authorities and en- COMMITTEE ON THE JUDICIARY hance U.S. participation in the energy ica took him to the State capitals of Mr. WARNER. Mr. President, I ask Texas, New Mexico, and Arizona, where emergency program of the Inter- unanimous consent that the Senate national Energy Agency,’’ and S. 186, a he brought his antidrug message per- Committee on the Judiciary and the sonally to Gov. George W. Bush, Gov. bill ‘‘to amend the Energy Policy and House Subcommittee on the Constitu- Conservation Act with respect to pur- Gary Johnson, and Governor Fife Sy- tion be authorized to hold a joint hear- mington. chases from the Strategic Petroleum ing on Tuesday, March 11, 1997, at 9:30 Reserve by entities in the insular areas Ted carried an American flag with a.m. in room G50 of the Senate Dirksen him throughout his walk across our of the United States, and for other pur- Building, on ‘‘Partial Birth Abortion: poses.’’ The hearing will take place on beautiful country as a symbol that the The Truth.’’ American spirit can turn the tide in Tuesday, March 18, 1997, at 9:30 a.m., in The PRESIDING OFFICER. Without our Nation’s war on drugs. Working to- room SD–366 of the Dirksen Senate Of- objection, it is so ordered. fice Building in Washington, DC. gether in our local communities I, too, COMMITTEE ON LABOR AND HUMAN RESOURCES believe we can raise awareness of our For further information, please call Mr. WARNER. Mr. President, I ask Karen Hunsicker, counsel (202) 224–3543 Nation’s drug abuse problems. unanimous consent that the Com- At one point on his journey, a little or Betty Nevitt, staff assistant at (202) mittee on Labor and Human Resources 224–0765. boy asked Ted if he was like Forrest be authorized to meet for a Employ- Gump. Ted replied: f ment and Training Subcommittee No, because when people asked Forrest Hearing on Oversight of Federal Job Gump why he was walking, he didn’t know. AUTHORITY FOR COMMITTEES TO Training Programs, during the session MEET I’m walking so that boys like you can grow of the Senate on Tuesday, March 11, up in a country that is drug-free. COMMITTEE ON ARMED SERVICES 1997, at 9:30 a.m. Ted believes, as I do, that the war on Mr. WARNER. Mr. President, I ask The PRESIDING OFFICER. Without drugs will not be won in the courtroom unanimous consent that the Com- objection, it is so ordered. or even here in Congress, but in our mittee on Armed Services be author- SELECT COMMITTEE ON INTELLIGENCE local communities. And in fact, Ted ized to meet on Tuesday, March 11, Mr. WARNER. Mr. President, I ask knows personally about winning the 1997, at 10 a.m. in open session, to re- unanimous consent that the Select war on drugs, because he himself is a ceive testimony from the unified com- Committee on Intelligence be author- recovered amphetamine addict. He is manders on their military strategies ized to meet during the session of the living proof that individuals can over- and operational requirements in review Senate on Tuesday, March 11, 1997, at come drug addiction. of the Defense authorization request 2:30 p.m. to hold an open hearing on the Today I hope my colleagues will join for fiscal year 1998 and the Future nomination of Anthony Lake to be Di- me in saluting a great American, Ted Years Defense Program. rector of Central Intelligence. Stone, for his efforts to keep our Na- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without tion drug-free.∑ objection, it is so ordered. objection, it is so ordered. f COMMITTEE ON AGRICULTURE, NUTRITION, AND SUBCOMMITTEE ON ACQUISITION AND FORESTRY TECHNOLOGY MAYOR DENNIS ARCHER Mr. WARNER. Mr. President, I ask Mr. WARNER. Mr. President, I ask ∑ Mr. LEVIN. Mr. President, I have the unanimous consent that the Com- unanimous consent that the Sub- honor of paying tribute to my friend, mittee on Agriculture, Nutrition, and committee on Acquisition and Tech- Mayor Dennis Archer of Detroit, who Forestry be allowed to meet during the nology of the Committee on Armed will be recognized by the Hartford Op- session of the Senate on Tuesday, Services be authorized to meet at 2:15 timists Club of Detroit as 1997 Optimist March 11, 1997, at 9 a.m. in SR–328A to p.m. on Tuesday, March 11, 1997, in of the Year. Mayor Archer is being

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2147 honored for his efforts to ‘‘optimisti- ter this kind of dialogue among our wasn’t a kid, I was John McEnroe and this cally build a renaissance in Detroit for young people is critical. was Wimbledon. the 21st century.’’ In addition to the town meeting, the Anyway, I went off on about a five-minute Since he was elected mayor in 1993, Institute for International Sport also tirade, spewing forth any and every obscen- ity you can think of and then some. It was so Dennis Archer’s energy and efforts sponsored an essay contest in which bad that a lady who was clear on the other have infused the people of Detroit with students wrote and shared their views side of the park, came over and asked me to a new spirit of hope. While Detroit on good sportsmanship, fair play, and stop my mouth because she had her little faces many challenges, Mayor Archer’s courtesy on the playing field. Several children with her. I just brushed her off. work is convincing people from Michi- winning essays were published in USA After all, she was not my mother and besides gan to Washington, DC that Detroit is Today and the Providence Journal Bul- McEnroe does it. Why couldn’t I? in the midst of a great comeback. letin, and I ask that they be printed in Incidentally, this screaming after points Mayor Archer has worked to build became a habit with me whenever I played the RECORD at the conclusion of my re- and continued through high school. So bad partnerships with community and civic marks. was it that I would almost get into fist fights groups, businesses, and the State and Another key component of National with opponents from other schools. One Federal Governments. These partner- Sportsmanship Day is the Student- time, during the state doubles champion- ships have led to success in creating Athlete Outreach Program. This pro- ships, I was running my mouth so bad that jobs, improving public safety, and rais- gram encourages high schools and col- my coach almost pulled my partner and I out ing the standard of living for many of leges to send talented student-athletes of the tournament * * * and we were in the Detroit’s residents. In fact, Detroit’s to local elementary and middle schools quarterfinals. Playing tennis the way John unemployment rate has been cut in McEnroe did was the only style I came to to promote good sportsmanship and know. half since Mayor Archer took office. serve as positive role models. These Now, I’m not saying that all kids who imi- Under Mayor Archer’s stewardship, students help young people build self- tate the bad behavior of professional athletes residential and business development is esteem, respect for physical fitness, are going to behave that way for the rest of moving forward at a dynamic pace. In and an appreciation for the value of their lives. Nor am I saying that kids only November, taxpayers approved a plan teamwork. pay attention to the conduct of unruly play- to build new baseball and football sta- I remain very proud that National ers, for there are far more players exhibiting diums in the city. Twenty-five new res- Sportsmanship Day was initiated in the qualities of sportsmanship than there are not. idential developments are under con- Rhode Island, and I applaud the stu- What I am saying is that a player who struction, as are new retail develop- dents and teachers who participated in screams and shouts when things don’t go his ments. General Motors recently de- this inspiring event. Likewise, I con- or her way and gets away with it, may spark cided to keep its world headquarters in gratulate all of those at the Institute the interest of a child more than someone Detroit, purchasing and moving to the for International Sport, whose hard who just accepts the fate the sports gods lay Renaissance Center. And Detroit’s em- work and dedication over the last 7 out for them. I speak from experience here. powerment zone leads those in all years have made this program so suc- So as we celebrate National Sportsmanship other cities in job creation. Day today, it would be nice if the not-so- cessful. sportsmanlike athletes of the nation would Dennis Archer has always had con- The material follows: take the time to recognize the value of fidence in the city of Detroit and in its [From the Providence Journal-Bulletin, Mar. sportsmanship. If not for themselves or re- people, and the results of his first 3 4, 1997] spected leagues, at least for the little Wayne years are proving his optimism to be WHETHER THEY REALIZE ITORNOT, NATIONAL Gretzkys, Pete Samprases, and Kerri Struggs well-founded. While no one expects De- ATHLETES ARE ROLE MODELS out there. troit’s problems to be solved overnight, (By Steven E. Sylven, Jr.) SPORTS’ CODE: BE YOUR BEST AT ALL TIMES the city’s progress under the Mayor’s Sportsmanship. Today, it seems to be as leadership is undeniable. valuable as my ‘86 Escort, which died a (By Brian Bert, Grade 5, Metcalf School, Mr. President, I hope my colleagues month ago. Is it any wonder though? Look Exeter, R.I.) will join me in saluting Mayor Dennis around at some of the players in any of the I think good sportsmanship is not who Archer of Detroit, who truly deserves pro leagues. You’ll find guys who headbutt wins or loses, but playing your best. You to be honored as 1997 Optimist of the officials, spit on umpires, throw towels at have to remember it is just a game. A good sport does not insult other teammates. He Year.∑ their coaches, and kick cameramen. These ‘‘professional’’ athletes just ooze with helps other players up when they fall. f sportsmanship and set a great example for When I play sports I see a lot of good and bad sportsmanship. Sometimes I see players NATIONAL SPORTSMANSHIP DAY kids don’t they? Some of these players say they don’t want who won’t shake other players’ hand at the ∑ Mr. CHAFEE. Mr. President, I am to be considered role models; that children end of the game. I sometimes see teammates pleased to commemorate the seventh should not look toward them as one. Well, blaming other teammates for losing the annual celebration of National Sports- news flash fellas, you are role models. There game. I see coaches arguing with refs. manship Day, which took place on is no getting around this because you are I also a lot of good sportsmanship like helping other teammates up when they fall. March 5. Designed to promote ethics, professional athletes and are forever in the spotlight. Kids see your every move and they Most good players shake hands at the end of integrity, and good sportsmanship in the game and say ‘‘good game.’’ A good sport athletics, National Sportsmanship Day will imitate it. Why? Because they see you get away with it and they think it’s cool. would say to others ‘‘don’t worry about your was established by the Institute for When I was a kid, I loved playing sports mistakes, it is just a game’’. International Sport at the University and, like most kids, I would pretend to be I felt I show good sportsmanship. I enjoy of Rhode Island. This year, over 8000 my favorite player when playing. When I was playing the game. It does not matter who schools in all 50 States and 75 countries playing baseball, I was Dwight Evans; when wins, I feel good sportsmanship will help me overseas participated in National playing hockey, I was Mike Bossy; football, through my life. It is a good lesson to learn. I was Dan Marino; and when playing tennis, Sportsmanship Day. WIN OR LOSE, STRONG HEARTS NEVER DIE There seems to be no shortage of sto- I was John McEnroe. Yes, John ‘‘I will yell (By Erin K. Hannon, Grade 10, Exeter/West ries about assaults on referees, players, at anything that does not go my way’’ McEnroe. Greenwich High) and even press photographers. I am I won’t kid around here, I liked him for one The 1996 Exeter/West Greenwich High particularly pleased, therefore, that reason and only one reason, he could shoot School football team showed opponents that the Institute for International Sport his mouth off at anyone and get away with winning is not everything. Despite their nine tackled the issue of violence in sports it. I thought he was the best thing since losses, these young men displayed out- head-on. As part of National Sports- sliced bread, plus he was a good tennis player standing sportsmanship and character manship Day, the Institute held a day- to boot. Talk with any of my childhood throughout the season. Their love and devo- long town meeting where athletes, friends who would play with me, they’d prob- tion to the game of football kept their spir- coaches, journalists, students, and edu- ably tell you I put McEnroe to shame. I was its alive whenever hope seemed to be fleet- bad. ing. Although they did not achieve the win cators engaged in a lengthy discussion There was one time I was playing and I they had been looking for they gained the re- about the causes and possible solutions missed a shot on a critical point. Well, as spect of many last year. for violence on the playing field. I critical a point as you can have when you The tradition of football is just beginning think that the Institute’s work to fos- are playing your friend in a park; but I to blossom in the rural towns of Exeter and

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2148 CONGRESSIONAL RECORD — SENATE March 11, 1997 West Greenwich. This past season was only they are expected to perform. The football fifth-down play. The mistake was acknowl- the second year that the school had had a players are supposed to score for their team. edged, but Colorado refused to forfeit the team. Experience was the key to playing the These flamboyant actions are totally game. The Colorado coaches blamed the game, and many of these boys had never uncalled for. It would be like a stockholder ‘‘mistake’’ on the referees. Later that sea- played organized football before. With only screaming and boasting because he sold son, Colorado won a share of the national 19 boys on the roster, including only one sen- stocks. They need to put aside their ridicu- championship. I believe this ‘‘win’’ proves ior, these young men found it difficult to lous and foolish antics and play the game. that most people consider winning to be far compete with larger, more experienced Last is the obvious fact that such behavior more important than being fair. teams across the state. However, giving up has absolutely no point and does not benefit My parents and I had discussed my con- was out of the question. They stood tall and anyone. It certainly doesn’t benefit the sub- cerns of a ‘‘must-win’’ attitude in many as- repeatedly showed that they deserved the re- ject of the taunt, nor does it benefit anyone pects of society. Most people now accept spect that all of the opposing teams were re- watching the game. Finally, role models in ‘‘unfair business practices,’’ ‘‘dirty tricks ceiving. These boys continued to give all professional sports desperately need to im- politics’’ and ‘‘academic irregularities’’ as that they had until the last whistle of the prove their attitudes. We are going to be liv- the norm. I now question whether sports has season had been blown. ing in a very sad world if people cannot sim- encouraged this attitude in society or wheth- As the manager and statistician of the ply control their tempers and behavior . We er society has imposed these practices on team, I witnessed the pain in the eyes of want to see athletes set aside silly and child- sports. No matter what the answer, I believe each and every young man after a loss. They ish ways and promote the youth of America society and sports need to adopt a new code put forth tremendous effort not only during by freshly nourishing them in a good way. of ethics. the games, but every day in practice. Their Sports participation has helped prepare me coaches, Mark Graholski, John Houseman [From the USA Today, Mar. 4, 1997] for success in a competitive society. How- and Craig Belanger, pushed every one of the PUSHING TO IMPROVE IS MARK OF A WINNER ever, the unethical practices illustrated in boys until they could be pushed no further. sports have led many competitors into con- (By Daryl Myer, Edinboro (PA) University) They taught the boys the fundamentals on fusing what fairness and sportsmanship are the football field, and more importantly, His gait is modest and true, his body all about. I feel a responsibility to replace how the football team becomes a family dur- strong yet unpretentious. His eyes glow with the ‘‘winning-at-all-costs’’ attitude with an ing the season. They learned how to stick to- the vibrancy for life all too few know. His attitude of fairness and sportsmanship that gether through thick and thin and that al- smile is contagious. Ask any of his friends, was the original intent of competitive though losing is not the greatest, earning re- and they will tell you the truth: His work sports. spect and dignity is far greater than win- ethic and will to win rate second to none. He ning. is always trying to become better, not only GOOD STARTING POINT IS POSITIVE ATTITUDE One of the team’s greater accomplishments on the track, but in life as well. (By Meghan Murray, Sixth-grader, Unqua last year was receiving the Dick Reynolds It is practice time, and his teammates and School, Massapequa, NY) coach have gathered on the track for another Outstanding Sportsmanship Award. This What is sportsmanship? The definition is workout. His coach reads aloud the workout, honor recognized not only the talent, but the the qualities or conduct of a sportsman, fair and all the others quietly whine and com- impetus and determination that came from play. To me, sportsmanship’s a kind of atti- plain. He hears one teammate complaining within each and every young man on the tude you have to a person or anything else. about a blister on his toe and another about team. It also allowed the team to be noticed The attitude can be positive or negative. To a headache. He remains quiet, showing no by all not for their winning percentage, but other people, sportsmanship can relate only signs of apprehension about the pain that for the way they played the game. The play- to sports. But, in fact, sportsmanship doesn’t awaits him. Ultimately, he realizes that his ers realized that winning was only the icing relate only to sports. Jobs, homes, schools, sore muscles and screaming lungs will make on the cake and they were proud in what and friends can relate to sportsmanship. him stronger and more proficient. His goal is they had accomplished overall. Positive sportsmanship is a person who can to become a national champion. The members on the Exeter/West Green- take constructive criticism, learn from it Many people might guess that he does wich football team learned more than the and turn it into positive abilities. You can poorly in track meets. The exact opposite is game of football last year, they learned achieve sportsmanship by expressing your true. His desire to win is incomparable. He many aspects of the game of life. They skills. You have to earn positive sportsman- trains hard and races hard. He speaks only a learned that being able to stand tall with a ship by working hard and concentrating on choice few words. What he says is profound, smile on your face is a far better goal to the challenging situations that may arise. and he never speaks about himself. In a day achieve than winning. Their character and Another thing about sportsmanship is the and age where athletes draw attention to sense of pride through a season filled with attitude. You can shake the other team’s themselves in any way possible, he chooses struggles showed that they had the will to hand after you win or lose a game. That to place the emphasis on his team, not him- continue and the power to be successful, win shows respect to the players as well as the self. Others taunt and point fingers; he sim- or lose. Although the pain and anguish of coaches and fans. If you don’t shake the ply congratulates his competitors for a job losing will fade away, the character and other team’s hands, people might think you well done. sportsmanship of these young men will re- are disrespectful toward the game. main for years to come. He is a true gentleman in every facet of After losing a game, disappointment may the word. He accepts responsibility for his occur but this should not reflect a bad atti- PROFESSIONAL ATHLETES NEED TO LEARN actions and remains humble at all costs. tude. A bad team player would walk off the SELF-CONTROL Honesty and integrity are of the same impor- field mad. A good team player would want to (By Kaycee Roberts, Grade 7, Westerly’s tance as gold medals and records. His goals meet with his coach and team to see what Babcock School) are high, but his will is strong. He will be went wrong and maybe fix it for the next fair and just. The behavior of professional atheletes game. These are the ideals of a true sportsman, Winning or losing should always result in today is extremely out of hand. Players and ideals my mother and father taught me. It is coaches alike go to the outler limits to win, good sportsmanship. If you win and rub it in, my desire to follow their lead. I want to be- you are not practicing good sportsmanship! and often, to make the other team look bad. come like ‘‘him.’’ Referees allow many more things to go on Don’t be unkind and disrespectful. (and so do coaches) than they should. Sports To be the most effective team player, you COMPETITORS SHOULD RAISE BAR ON ETHICS are played mainly for fun, but if athletes and must start by giving of yourself 100%. Such coaches keep acting in such an impolite and (By Brian Bokor, Senior, Shorecrest Prep, as attending all practices, respect all team downright ridiuculous manner, they will St. Petersburg, FL] players and your coaches. Following all rules take the fun right out of it. Therefore the be- We live in a world where winning super- and regulations of the game. Give all that havior of role models in sports needs to be sedes all other considerations. Moral values you’ve got. Keep up your grades at school. improved. have been clouded by the desire to win at Take charge of what is your destiny and First, children are watching these morally any price. This is evident in business, poli- take the responsibilities that may come.∑ irresponsible actions. They will see their tics and in sports. f idols commit these acts. So, of course, they I have played organized sports for the last will act the same way. For example, when six years of my life, and I have learned about INTERNATIONAL WOMEN’S DAY you see a baseball player throw the bat and sacrifice, hard work, self-discipline and ∑ Mr. FEINGOLD. Mr. President, I rise swear at the umpire, children will think it is working with others. However, there is also today to mark the recent celebration cool to do that, and they will go out and re- a dark side to the lessons taught in competi- of International Women’s Day, which peat the same action. It is not right to intro- tion. Many athletes will do whatever it takes took place on March 8, 1997. Women duce this behavior to the youth of America. to achieve a competitive edge. Second, they celebrate and taunt, yet they I remember reading a couple of years ago have made great strides in the past are only doing their job. When football play- about Colorado defeating Missouri in a foot- century, both here in the United States ers shout and dance because they score a ball game. After review of the game film, it and around the globe. As we prepare to touchdown, they are celebrating actions was discovered that Colorado scored on a enter a new century, however, we must

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2149 recognize that there is still much work for equal work and continue to reform companies are heavily invested in the to be done in the areas of equality and our Nation’s health care and Social Se- production of goods and services for ex- human rights for all women. curity systems for all Americans. port outside the United States. Here in the United States, women are While we have made great progress In other words, the fruit of the so- making impressive contributions at all with the Family and Medical Leave phisticated research and training of- levels of society. They are daughters, Act and the Health Insurance Port- fered at MIT is real jobs for real work- mothers, wives, and sisters; they are ability and Accountability Act, there ing Americans, and real net wealth for entrepreneurs, research scientists, is still much work to be done. the U.S. economy. teachers, and scholars; they serve our Women abroad have also made We are proud of MIT and its accom- Nation in the military, as civil serv- progress over the past century. As the plishments, but what this Congress ants, and as Members of the House, of ranking member of the Subcommittee should appreciate about the new MIT the Senate and of the President’s Cabi- on African Affairs, I have had the op- study is not what it says about MIT, net. portunity to review the status of but what it says about our research This year, I was proud to be a Mem- women on that continent. Last year, I universities throughout the country, ber of the Senate which unanimously was pleased to be a part of a hearing, for the MIT story is one that could eas- approved the nomination of the first fe- chaired by Senator KASSEBAUM, which ily be told at research universities male Secretary of State, Madeleine K. explored the status of African women. throughout the United States. Albright. More women serve in the African women are becoming more ac- The moral of this story is that our 105th Congress than any other Congress tive in the economy, in politics, and in historic Federal commitment to uni- in history, with 9 women in the Senate solving national problems than they versity-based research, and to support and 53 in the House. While women have ever have before. Many development higher education, has paid off in jobs made great progress in running for and indicators that affect women—the and in new wealth for this country, not attaining public office, we cannot for- number of girls attending primary to mention superior national security get that women are still vastly under- school and life expectancy, for exam- and continued advances for human represented at virtually every level of ple—are also improving. health. government. But with all these advancements, we As we face tough fiscal choices this In 1996, American women celebrated cannot forget the challenges that year on the way to a sustainable bal- the 75th anniversary of winning the women face in Africa. In many coun- anced budget, we must keep the lessons right to vote. Sadly, many women—and tries, women are legally prevented of the MIT study in mind. We will ill men—in the United States fail to take from owning property or signing offi- serve this country if, in the name of advantage of this aspect of democracy. cial documents without the consent of sustaining our economy through a bal- As we prepare to enter the next cen- their husbands. Women comprise a sub- anced budget, we underinvest in the tury, we ought to encourage women to very things—research and education— participate fully in our democracy, as stantial majority of the nearly 7 mil- that have made this country the un- informed voters and as candidates for lion refugees in Africa. And, in Africa, questioned economic leader it is today. public office at the local, State, and women suffer more from the HIV virus I ask that the following article, National level. than do men. One striking inequity that persists As we prepare to enter the 21st cen- ‘‘Study Reveals Major Impact of Com- for American women is in their earn- tury, the great strides made by African panies Started by MIT Alums,’’ be ings as compared to men. According to women, and women in others areas of printed in the RECORD. 1995 data from the U.S. Census Bureau, the world, should be applauded, but the The article follows: women earn only 71 percent of the fact that there is still much work to be STUDY REVEALS MAJOR IMPACT OF COMPANIES wages of men. This wage gap varies by done should not be forgotten. STARTED BY MIT ALUMS race: compared to white men, African- In closing, Mr. President, I see Inter- (By Kenneth D. Campbell) American women earn only 64 cents on national Women’s Day as both an op- In the first national study of the economic the dollar, Hispanic women earn only portunity to celebrate the advance- impact of a research university, BankBoston 53 cents, and white women earn 71 ments of the last century and to out- reported today that graduates of MIT have line goals for the next century.∑ founded 4,000 firms which, in 1994 alone, em- cents. ployed 1.1 million people and generated $232 Sixty percent of women are employed f billion of world sales. in traditionally female jobs. Women MIT: THE IMPACT OF INNOVATION ‘‘If the companies founded by MIT grad- also make up a large segment of the ∑ uates and faculty formed an independent na- United States contingent work force, Mr. KERRY. Mr. President, I com- tion, the revenues produced by the compa- which includes independent contrac- mend the attention of the Senate to a nies would make that nation the 24th-largest tors, part-time and temporary workers, significant new study released this economy in the world,’’ said the report, enti- day laborers, and on-call workers. Ac- week by BankBoston regarding the im- tled ‘‘MIT: The Impact of Innovation.’’ cording to the American Association of pact of the Massachusetts Institute of Within the United States, the companies Technology on the economy of the employed a total of 733,000 people in 1994 at Retired Persons (AARP), participation more than 8,500 plants and offices in the 50 in this contingent work force has a sig- United States and of the world. Mr. President, we in Massachusetts states—equal to one out of every 170 jobs in nificant impact on women aged 45 and America. Eighty percent of the jobs in the above because contingent workers re- have always known that MIT plays an MIT-related firms are in manufacturing ceive lower pay and fewer benefits and outsized role in the economy of Massa- (compared to 16 percent nationally), and a have less opportunity for advancement chusetts and of the United States, but high percentage of products are exported. than do full-time workers. Women are this new study by BankBoston quan- The 36-page BankBoston report, which is more likely than men to be contingent tifies the impact. And the impact is the result of an MIT survey of 1,300 CEOs and staggering. two years of fact-gathering and checking by employees due to an unequal distribu- MIT and the bank, ‘‘represents a case study tion of parenting and household re- The report shows that MIT graduates are responsible for the formation of of the significant effect that research univer- sponsibilities which prevent many sities have on the economies of the nation women from seeking full-time employ- over 4,000 companies worldwide, and and its 50 states.’’ The study notes that ment. the creation of over 1.1 million jobs, in- many of the MIT-related founders also have Only part of this disparity is ex- cluding 733,000 jobs in the United degrees from other universities, and that plained by differences in men’s and States. these entrepreneurs maintain close ties with women’s career paths. Women and men If MIT graduates constituted an MIT or other research universities and col- employed in the same job also receive economy all by themselves, they would leges. unequal pay. According to 1995 data be the 24th largest economy in the ‘‘In a national economy that is increas- world. ingly emphasizing innovation, these findings from the U.S. Bureau of Labor Statis- extend our understanding of how MIT has tics, women received equal pay for only Just as significant, the report shows been instrumental in generating new busi- 2 of 90 occupations that were studied. that fully 80 percent of the jobs created nesses nationwide,’’ said Wayne M. Ayers, As we look toward the 21st century, by MIT-related companies are manu- chief economist of BankBoston. ‘‘MIT is not we must continue to fight for equal pay facturing jobs, and that MIT-related the only university that has had a national

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2150 CONGRESSIONAL RECORD — SENATE March 11, 1997 impact of this kind, but because of its histor- MIT graduates and faculty have been form- by the size and scope of Focus:HOPE’s ical and continuing importance, it illus- ing an average of 150 new firms a year since mission, they have been equally in- trates the contribution of research univer- 1990. spired by the spiritual nature of sities to the evolving national economy.’’ In Massachusetts, the 1,065 MIT-related Focus:HOPE and by the man whose vi- MIT President Charles M. Vest, com- companies represent 5 percent of total state menting on the report, said, ‘‘About 90 per- employment and 10 percent of the state’s sion and hard work have made cent of these companies have been founded in economic base (sales in other states and the Focus:HOPE the success it is today. the past 50 years, in the period of the great world). MIT-related firms account for about Today, Mr. President, Father research partnership between the federal 25 percent of sales of all manufacturing firms Cunningham’s optimism is in full pub- government and research universities. The and 33 percent of all software sales in the lic view as he fights a battle against development of these business enterprises is state. cancer. His determination to continue one of the many beneficial spinoffs of feder- The study also looked at employment his legendary career serving the people ally funded research, which has brought around the nation and the world from MIT- of Detroit is as strong as ever. Father great advances in such fields as health care, related companies. Massachusetts firms re- computing and communications.’’ lated to MIT had world employment of Cunningham’s faith and courage is an The five states benefiting most from MIT- 353,000; California firms had 348,000 world inspiration to all who witness it. related jobs are California (162,000), Massa- jobs. Other major world employers included Father William Cunningham is an chusetts (125,000), Texas (84,000), New Jersey firms in Texas, 70,000; Missouri, 63,000; New American treasure. I know my col- (34,000) and Pennsylvania (21,000). Thirteen Jersey, 48,000; Pennsylvania, 41,000; and New leagues will join me in congratulating other states have more than 10,000 MIT-re- Hampshire, 35,000. Father Cunningham as he receives the lated jobs—from west to east, Washington, In determining the location of a new busi- ‘‘1997 Optimist of the Year’’ award, and 10,000; Oregon, 10,000; Colorado, 15,000; Kan- ness, the 1,300 entrepreneurs surveyed said sas, 13,000; Iowa, 13,000; Wisconsin, 12,000; Illi- in wishing him good health and contin- the quality of life in their community, prox- ued success in the years ahead.∑ nois, 12,000; Ohio, 18,000; Virginia, 15,000; imity to key markets and access to skilled Georgia, 14,000; Florida, 15,000; New York, professionals were the most important fac- f 15,000; and Connecticut, 10,000. tors, followed by access to skilled labor, low CARM LOUIS COZZA Another 25 states have 1,000 to 9,000 jobs business cost, and access to MIT and other from MIT-related companies—Alabama, universities. ∑ Mr. LIEBERMAN. Mr. President, the South Carolina, Missouri, and New Hamp- The companies include 220 companies State of Connecticut, sports fans, and shire, 9,000; North Carolina, 8,000; Arizona based outside the United States, employing alumni of Yale University said goodbye and Michigan, 7,000; Maryland and Ten- 28,000 people worldwide. to a true national coaching legend nessee, 6,000; Kentucky, Minnesota, New Some of the earliest known MIT-related Mexico, and Idaho, 5,000; Oklahoma, Indiana, when Carm Cozza stepped down as companies still active are Arthur D. Little, coach of the Yale University football Utah, Rhode Island and Arkansas, 2,500 to Inc. (1886), Stone and Webster (1889), Camp- 5,000; Delaware, Louisiana, Maine, Nebraska, bell Soup (1900) and Gillette (1901). team last fall. Nevada, West Virginia and Mississippi, 1,000 The report said the MIT-related companies Carm was Yale’s head coach for 32 to 2,500 jobs. Only seven low-population would rank as the 24th-largest world econ- years, winning a school-record 179 states and the District of Columbia had less omy because the $232 billion in world sales games and coaching 1,300 players. He than 1,000 jobs from MIT-related companies. ‘‘is roughly equal to a gross domestic prod- led the Elis to 10 Ivy League champion- More than 2,400 companies have head- uct of $116 billion, which is a little less than ships and coached future National quarters outside the Northeast. the GDP of South Africa and more than the The report noted, ‘‘MIT-related companies Football League stars like Calvin Hill, GDP of Thailand.’’ ∑ have a major presence in the San Francisco who went on to win a championship Bay area (Silicon Valley), southern Cali- f with the Dallas Cowboys in the 1970’s fornia, the Washington-Baltimore-Philadel- and Gary Fencik, a member of the FATHER WILLIAM CUNNINGHAM phia belt, the Pacific Northwest, the Chicago Super Bowl XX champion Chicago area, southern Florida, Dallas and Houston, ∑ Mr. LEVIN. Mr. President, I rise to Bears. He is a Connecticut and Amer- and the industrial cities of Ohio, Michigan pay tribute to Father William T. ican coaching icon. and Pennsylvania.’’ Cunningham, who will be recognized by The report said the MIT-related companies ‘‘I think Cozza epitomizes the cham- ‘‘are not typical of the economy as a whole; the Hartford Optimist Club of Detroit pion that all of us try to be, that we they tend to be knowledge-based companies as 1997 Optimist of the Year. Father strive to be,’’ said Fencik, an All- in software, manufacturing (electronics, Cunningham is being honored for his American in 1975, in a recent interview biotech, instruments, machinery) or con- efforts to ‘‘optimistically build a ren- with the New Haven Register. sulting (architects, business consultants, en- aissance in Detroit for the 21st cen- ‘‘You learn a lot more about a man gineers). These companies have a dispropor- tury.’’ under adversity and Carm had tremen- tionate importance to their local economies A longtime advocate of social justice dous adversity that first year. My first because they usually sell to out-of-state and and racial equality, Father world markets, and because they so often year we didn’t even have a winning represent advanced technologies.’’ Other in- Cunningham is one of the most re- record and he treated that season the dustries represented include manufacturing spected and admired people in Michi- same as the next two when we won firms in chemicals, drugs, materials and gan. In 1968, he and cofounder Eleanor league titles,’’ said Hill in the same aerospace, as well as energy, publishing and Josaitis began a civil and human rights story. finance companies. organization in Detroit called Cozza began his coaching career at ‘‘Firms in software, electronics (including Focus:HOPE. Focus:HOPE provides a Yale at a time when Ivy League foot- instruments, semiconductors and computers) unique combination of programs which ball was truly top-notch college foot- and biotech form a special subset of MIT-re- lated companies. They are at the cutting seek to improve race relations, deliver ball. But as the prestige of Ivy League edge of what we think of as high technology. food to 86,000 low-income women, chil- football faded, and Division I–AA foot- They are more likely to be planning expan- dren and elderly each month, and pro- ball slipped in general, Carm stayed at sion than companies in other industries. vide advanced technology training for Yale. He was offered jobs at the Univer- They tend to export a higher percentage of low-income young men and women. Fa- sity of Virginia and Princeton, but their products, hold one or more patents, and ther Cunningham and Focus:HOPE elected to stay in Connecticut. And spend more of their revenues on research and have changed the lives of thousands of we’re grateful for that, because he’s development,’’ the report said. In interviews, MIT graduates cited several people throughout metropolitan De- touched the lives of so many Ivy factors at MIT which spurred them on to troit by bringing to life the proverb League athletes and so many other take the risk of starting their own compa- ‘‘Give a person a fish and you feed him people in our State. A true testament nies: faculty mentors, cutting-edge tech- for a day; teach him to fish and you of how successful Cozza’s former play- nologies, entrepreneurial spirit and ideas. feed him for a lifetime.’’ ers have become is in the numbers— The study profiled seven MIT founders who Father Cunningham’s commitment Seven NCAA post-graduate scholarship started companies in Maryland, Massachu- to the people of Detroit has never winners, seven GTE /CoSIDA District I setts, California, Washington state, Illinois wavered. I have been proud to be with academic All-Americans, five National and Florida. Nearly half of all company founders who responded to the MIT survey President Clinton, Gen. Colin Powell, Football Foundation Hall of Fame maintain significant ties to MIT and other Ron Brown and many others on tours Scholar-Athletes, and five Rhodes research universities in their area. of Focus:HOPE. While each of these Scholars. These numbers make Cozza The findings of the study also reveal: dignitaries has walked away impressed the proudest and the best of leaders.

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2151 His coaches have also gone on to big- contributions from Indonesians, has met with fierce resistance from Falintil, the ger and better positions. Eleven of his made United States policy toward In- East Timorese guerrilla army. But the war assistant coaches became head coaches donesia and human rights issues re- turned in Indonesia’s favor with the procure- ment of counterinsurgency aircraft from the on the college level. Included on the lated to East Timor the subject of Carter administration. list are Buddy Amendola, who led Cen- heightened interest. The Nobel Com- The Indonesian military was able to bomb tral Connecticut State University, Jim mittee said it hoped the 1996 award and napalm the population into submission, Root—William & Mary—Bill Mallory— would draw international attention to almost destroying the resistance as well. An Indiana—Bill Narduzzi—Youngstown the situation in East Timor, and help Australian parliamentary report later called State. build momentum for resolution of the it ‘‘indiscriminate killing on a scale unprece- dented in post-World War II history.’’ Cozza’s football coaching career com- conflict there. Until 1989, East Timor was virtually closed menced at the high school level at I commend the Nobel Committee’s to the outside world. Then the Indonesian Gilmour Academy and Collinwood decision, because I believe the more government ‘‘opened’’ the territory to tour- High, both in Ohio, before he became light that the international commu- ism and foreign investment, but continued to the head freshman coach at Miami in nity sheds on the horrible abuses tak- restrict visits by international human rights 1956. Five seasons later, he joined the ing place in East Timor, the sooner we monitors and journalists. As my taxi left the airport, I saw imme- varsity as an assistant. He left Miami will come to a resolution of this con- diate evidence of change since my 1992 visit: in 1963 to join John Pont’s staff at Yale flict. On a wall near the airport entrance, someone and after Pont resigned to become head Mr. President, I ask unanimous con- had boldly spray-painted ‘‘Viva Bishop coach at Indiana, Cozza became the sent that the text of the March 2, 1997, Belo,’’ a tribute to Carlos Filipe Ximenes Bulldogs’ new head coach. Washington Post article be printed in Belo, the head of East Timor’s Catholic ´ The lives he touched—let’s just say the RECORD. Church. Belo and Jose Ramos Horta were they all remember. They all are grate- The article follows: awarded the 1996 Nobel Peace Prize for their opposition to Indonesian oppression. ful. At a farewell dinner last fall, all [From the Washington Post, Mar. 2, 1997] During my 1992 visit, most East Timorese but one of his captains came back to IN EAST TIMOR, TEETERING ON THE EDGE OF seemed too afraid to make direct eye contact pay tribute. The only one who didn’t MORE BLOODSHED with me. This time, many people greeted me appear was on business and couldn’t (By Matthew Jardine) as I walked the streets in Dili, a picturesque city of 150,000. Some, particularly younger get away. Each shared a story about ‘‘Hello, Mister. Where are you from?’’ people, flashed a ‘‘V’’ sign for victory, a dis- him. I had just arrived at the tiny airport in play of their nationalist sympathies. Sending written tributes, congratu- Dili, capital of Indonesian-occupied East East Timorese with the means to own a lating the coach on an incredible ca- Timor. The man, clad in civilian clothes, parabolic antenna can now watch Portuguese reer, were President Clinton and didn’t identify himself except to say he was state television (RTP)—which beams its sig- former Presidents Bush and Ford. Gov. from Java, Indonesia’s principal island. His nal into the territory over Indonesia’s objec- John Rowland proclaimed the day he questions—and the respect he seemed to tions—and catch glimpses of pro-independ- command from uniformed officials at the coached his final game Carm Cozza Day ence leaders in exile or those hiding in the airport—led me to believe he was an intel- mountains. During my visit, RTP broadcast and New Haven Mayor John DeStefano ligence agent. As the only obviously non-In- a documentary on Falintil, which now num- did the same for the city. donesian or East Timorese on this daily bers around 600 guerrillas. The documentary, Carmen Louis Cozza was born on flight from Bali a few months ago, I at- clandestinely made by a British filmaker, June 10, 1930, in Parma, OH. He earned tracted his attention. contained footage of David Alex, a 21-year 11 varsity letters in football, basket- ‘‘Are you a journalist?’’ the man asked, ex- veteran in the struggle against the Indo- ball, track, and baseball, while serving amining my passport. ‘‘Where are you plan- nesian military and third in the Falintil as class president his last 3 years, at ning to stay?’’ command. He is well known to the East I mentioned a local hotel and told him I Timorse, but few had ever seen him or heard Parma High and was inducted into the was a tourist, a common lie that journalists his voice until the broadcast. school’s Hall of Fame in 1982. Cozza and tell to avoid immediate expulsion from Despite these openings, East Timor re- his wife, the former Jean Annable, re- places such as East Timor. I wasn’t surprised mains a place where few dare to speak their side in Orange, not far from his beloved by the scrutiny: During my first trip to East minds in public and even fewer dare to invite Yale. Timor in 1992, I was frequently followed and foreigners into their homes. ‘‘We are very We’ll all miss this living legend’s questioned as I traveled around the tropical, happy that the world has recognized our suf- fering with the Nobel Prize,’’ a middle-aged presence on the football field. But his mountainous territory, which makes up half of an uncommonly beautiful island at the woman told me in a brief conversation on a presence in our hearts and the memo- shady street, ‘‘but we still live in a prison.’’ ∑ eastern end of the Indonesian archipelago, ries of his great career will live on. 400 miles north of Australia. Our talk ended abruptly when a stranger ap- f But the beauty belies a harsh reality. In peared. The streets of Dili are empty by 9 p.m. Ac- HUMAN RIGHTS ABUSES IN EAST the more than 21 years since Indonesia in- vaded East Timor and annexed it, more than cordingly to several people I interviewed, In- TEMOR 200,000 people—about one-third of the coun- donesian soldiers randomly attack people, ∑ Mr. FEINGOLD. Mr. President, on try’s pre-invasion population—have died as a especially youths, who are outside at night. result of the invasion, Indonesia’s subse- Matters are worse in rural areas, where the Sunday, March 2, 1997, the Washington Catholic Church has less of a presence. ‘‘Out- quent campaign of repression, the ensuing Post ran two op-eds profiling how the side the towns, people are at the total mercy famine and East Timorese resistance to the award of the Nobel Peace Prizes to of the Indonesian military,’’ one priest said. ongoing occupation, according to Amnesty Asian democratic activists in recent Increasing international scrutiny has International. forced Indonesia to be more discreet in deal- years have helped draw attention to East Timor was a backwater of the Por- the terrible human rights situation in ing with suspected pro-independence activ- tuguese colonial empire until April 1974, ists. But arrests, torture and extrajudicial Burma and in East Timor. The two when the military dictatorship in Lisbon was executions are still common, human rights companion articles highlighted the overthrown. Two pro-independence political researchers say. work of 1991 Nobel winner Aung San parties sprung up in East Timor; this devel- Such repression, however, has not stilled Suu Syi and the 1996 cowinners Bishop opment scared the Indonesian military, opposition to Indonesia’s authority. Open Carlos Ximenes Belo and Jose Ramos which feared that an independent East protests have been a sporadic occurrence Timor could incite secessionist movements Horta. since November 1994, when 28 East Timorese elsewhere in the ethnically diverse archi- students and workers occupied the U.S. Em- I had the pleasure of meeting Mr. pelago or serve as a platform for leftist sub- bassy in Jakarta during President Clinton’s Ramos Horta late last month, and he version. visit to Indonesia. Demonstrations and riot told me how—since the Nobel Commit- Indonesian intelligence agents began cov- erupted in Dili and in other towns. tee’s announcement in October—the at- ertly interfering in East Timor’s Protesters sometimes target Indonesian tention of international policymakers decolonization, helping to provoke a brief settlers and businesses, a manifestation of and the press on the plight of East civil war between the two pro-independence the deep resentment caused by the large Timor has increased dramatically. parties. Amid the chaos, Portugal abandoned scale migration of Indonesians into the terri- its rule of the island. Soon after, Indonesian tory. There are upwards of 150,000 Indonesian Mr. President, the joint award to troops attacked from West Timor (Indonesia migrants in East Timor (out of a population Bishop Belo and Mr. Ramos Horta, fol- has governed the island’s western half since of 800,000 to 900,000), according to research- lowed by the attention in the United its own independence in 1949), culminating in ers. This influx, combined with administra- States focused on political campaign a full-scale invasion on Dec. 7, 1975. They tive corruption and the destruction caused

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2152 CONGRESSIONAL RECORD — SENATE March 11, 1997 by the war, has overwhelmed the indigenous Herman Gilbert was a leader; he was mulation of public policy. She has been population. Joblessness and underemploy- a doer; he made things happen. All of a committed spokesperson for the poor ment, especially among the young East his life, he worked to make his commu- and the powerless in this Nation and Timorese, are high. Indonesia maintains order through a high- nity a better place in which to live. All abroad. Her competent work has pro- ly visible military force of 20,000 to 30,000 of his life he worked to open the doors vided her church, her colleagues, and troops and an extensive administrative appa- of opportunity. All of his life he strove those in Government with encourage- ratus. But a sophisticated underground re- to turn what Dr. Martin Luther King ment and a model of excellence. sistance in the towns and villages challenges called the American ‘‘Declaration of Kay Dowhower, you will be missed. its authority. The underground has strong Intent’’ into the reality of life for We have been the better because of links to Falintil guerrillas in the mountains every American. your unwavering efforts to challenge and to the resistance’s diplomatic front Herman Gilbert led in many fields. us to do what is just for the least of abroad, led by Ramos Horta. ∑ I saw this firsthand when I spent 24 hours He was a publisher; he cofounded Path these in our Nation and in the world. during my trip with David Alex and 10 of the Press to publish books by and about 150 Falintil guerrillas under his command. African-Americans. He was a political f Underground activists drove me to a rural leader; he was one of the cofounders of safe house, where I was taken on a lengthy the Chicago League of Negro Voters in RURAL HEALTH IMPROVEMENT hike to the guerrillas’ mountain camp. My 1959, and he served as chief of staff to ACT transport in and out of the region relied on Congressman Gus Savage for 2 years. ∑ the cooperation of numerous people from He was a civil rights leader, working Mr. THOMAS. Mr. President, I would many walks of life, exposing the hollowness like to take this opportunity and make of Indonesia’s claims that the resistance is closely with Dr. King and Mayor Har- old Washington of Chicago to fulfill the a few comments about a bill that my marginalized and isolated within East colleague, Senator MAX BAUCUS intro- Timor. promise of America for minority Amer- Many East Timorese told me that only the icans. He was a labor leader, active in duced yesterday. The bill, known as United States, Indonesia’s longtime military the United Packinghouse Workers, a the Rural Health Improvement Act, is and economic patron, has the clout to pres- progressive union. designed to help struggling, small, sure the Jakarta government into resolving Herman Gilbert was a strong man, rural hospitals across America. the conflict. Successive U.S. administrations with strong views. He brought deter- I am pleased to join Senator BAUCUS have provided Indonesia with billions in aid as an original cosponsor of this impor- since the 1975 invasion, despite United Na- mination, intelligence, good judgment, and perhaps most importantly, a real tant bill. It will go a long way in help- tions resolutions calling upon Indonesia to ing people served by rural facilities. withdraw and allow the East Timorese to de- commitment to principle and to funda- termine their own future. mental values, in everything he did. He As cochairman of the Senate Rural Bill Clinton, who called U.S. policy toward knew that nothing worth having comes Health Caucus, I have worked long and East Timor ‘‘unconscionable’’ before he be- easily, that real achievement is built hard to ensure rural families have ac- came president, seems just as beholden as his on hard work—and he worked hard all cess to quality care. This is an issue predecessors to the lure of Indonesia, which of his life for his family, for his com- that concerns not just a select few, but Richard Nixon once called ‘‘by far the great- all Senators because every State has at est prize’’ in Southeast Asia. The Clinton ad- munity, for African-Americans as a people, and for his country. lease some low-population areas. ministration has provided Indonesia with al- Unfortunately, too many of our small most $400 million in economic aid, has sold I know he will be greatly missed by or licensed the sale of $270 million in weap- his wife, Ivy, by his sister, Addie Law- hospitals are confronted with the deci- onry. rence, by his son, Vincent, by his sion of having to close because they Meanwhile, East Timor teeters on the edge daughter, Dorothea, by his step- can no longer contend with declining of increased violence. On Dec. 24, 100,000 peo- daughter, Lynnette Tate, and by his inpatient stays, costly regulations, and ple gathered in Dili to welcome Bishop Belo grandchildren. He will also be missed low Medicare reimbursement rates. back from receiving the Nobel Prize in Oslo. by the people of Mariana, AR, where he However, closing hospitals is not an ac- Youths in the crowd, apparently fueled by ceptable option in Wyoming. In my rumors of an Indonesian military plot to as- was born, by the people of Cairo, IL, sassinate Belo, attacked two men who they where his family moved in 1937, by the State, if a town loses its most impor- suspected of being in the Indonesian military people of the city of Chicago, where he tant point of service—the emergency and killed another carrying a pistol and a spent most of his life, and by people all reoom—it is typical for patients to walkie-talkie. (Belo had announced a month across this country who have so bene- drive 100 miles or more to the closest before that the military had twice made at- fited from his lifetime of effort on their tertiary care center. tempts on his life.) With the Medicare trust fund going In the past three weeks, rioting has broken behalf, and on behalf of us all. I will greatly miss him, Mr. Presi- broke, it also is understood that under- out in two different regions of the territory. utilized facilities cannot continue to be Indonesian troops have responded with a dent. His was a life that made a dif- major crackdown and numerous arrests. Rep. ference for many, many people; his was subsidized. However, an alternative Frank Wolf (R-Va.), after a recent three-day a life that made an important dif- must still be available. That is why it visit to East Timor, described the atmos- ference for me. Like the others whose is necessary to give small rural hos- phere as one of ‘‘terror’’ and ‘‘total and com- lives he touched, I have greatly bene- pitals the ability to downsize without plete fear.’’ fited from the legacy embodied in the having to maintain a full-service oper- Some East Timorese I met on my recent life and work of Herman C. Gilbert.∑ ation. visit expressed fears that the violence and Mr. President, the Rural Health Im- repression will intensify. ‘‘The people here f are desperate,’’ one priest said. ‘‘If the situa- provement Act allows facilities to re- COMMENDATION UPON THE configure their service and reduce ex- tion does not change soon, there will be RETIREMENT OF KAY DOWHOWER much more bloodshed.’’∑ cess bed capacity while retaining ac- ∑ f Mr. DORGAN. Mr. President, it is cess to emergency care. In short, the with great honor that I rise to com- bill presents communities with a viable MR. HERMAN C. GILBERT: A MAN mend Kay S. Dowhower. After more option. It accommodates different lev- WHO MADE A DIFFERENCE than 9 years of committed service, Kay els of medical care throughout a State ∑ Ms. MOSELEY-BRAUN. Mr. Presi- is leaving her role as director of the while providing stabilization services dent, later today, a number of the Evangelical Lutheran Church’s govern- needed in remote areas. friends of Herman C. Gilbert will come mental affairs office in the Nation’s The bill is one in a series of measures together to remember a man whose life capital to pursue other advocacy ef- the Rural Health Caucus is working on embodied the core values we hold so forts within the church. The Evan- designed to improve quality medical dear. While many people will attend to- gelical Lutheran Church in America is care in rural America. It is similar to night’s service at Cosmopolitan Com- a church with a membership of over 5.2 legislation I introduced as a Member of munity Church in Chicago, however, million people and 11,000 congrega- the House of Representatives, and I they will be only a very small fraction tions. look forward to working with Senator of those whose lives he touched, and During those 9 years, she has worked BAUCUS to pass this important, bipar- those whose lives he made better. tirelessly for social justice in the for- tisan piece of legislation.∑

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2153 SAFE AND SOBER STREETS ACT ‘‘(B) TREATMENT OF CERTAIN FUNDS.—Sums REGARDING UNITED STATES OP- ∑ not obligated at the end of the period re- POSITION TO THE PRISON SEN- Mr. LAUTENBERG. Mr. President, ferred to in subparagraph (A) shall— on March 10, 1997, I introduced S. 412, TENCE OF TIBETAN ‘‘(i) lapse; or ETHNOMUSICOLOGIST NGAWANG the Safe and Sober Streets Act of 1997. ‘‘(ii) in the case of funds apportioned under I now ask that the text of the bill be section 104(b)(5)(B), lapse and be made avail- CHOEPHEL printed in the RECORD. able by the Secretary for projects in accord- Mr. ROTH. Mr. President, I ask unan- The bill text follows: ance with section 118. imous consent the Senate proceed to S. 412 ‘‘(4) EFFECT OF NONCOMPLIANCE.—If, at the the immediate consideration of cal- end of the period for which funds withheld Be it enacted by the Senate and House of Rep- endar order No. 22, Senate Resolution from apportionment under subsection (a) are resentatives of the United States of America in available for apportionment to a State under 19. Congress assembled, paragraph (1), the State does not meet the The PRESIDING OFFICER. Without SECTION 1. SHORT TITLE. requirement of subsection (a)(3), those funds objection, it is so ordered. The clerk This Act may be cited as the ‘‘Safe and shall— will report. Sober Streets Act of 1997’’. ‘‘(A) lapse; or The legislative clerk read as follows: SEC. 2. STANDARD TO PROHIBIT OPERATION OF ‘‘(B) in the case of funds withheld from ap- A resolution (S. Res. 19) expressing the MOTOR VEHICLES BY INTOXICATED portionment under section 104(b)(5)(B), lapse INDIVIDUALS. sense of the Senate regarding United States and be made available by the Secretary for opposition to the prison sentence of Tibetan (a) IN GENERAL.—Chapter 1 of title 23, projects in accordance with section 118.’’. United States Code, is amended by adding at ethnomusicologist Ngawang Choephel by the ‘‘(b) CLERICAL AMENDMENT.—The chapter the end the following: Government of the People’s Republic of analysis for chapter 1 of title 23, United China. ‘‘§ 162. National standard to prohibit the op- States Code, is amended by adding at the end The Senate proceeded to consider the eration of motor vehicles by intoxicated in- the following: dividuals resolution. ‘‘162. National standard to prohibit the oper- ‘‘(a) WITHHOLDING OF APPORTIONMENTS FOR Mr. HELMS. Mr. President, Ngawang ation of motor vehicles by in- Choephel is lonely, locked up in a Chi- NONCOMPLIANCE.— toxicated individuals.’’.∑ ‘‘(1) FISCAL YEAR 2001.—The Secretary shall nese prison in Tibet. I do hope, Mr. withhold 5 percent of the amount required to f President, that somehow, through be apportioned to any State under each of APPOINTMENTS BY THE VICE Radio Free Asia or other means, he sections 104(b)(1), 104(b)(3), and 104(b)(5)(B) on will learn that the Senate of the October 1, 2000, if the State does not meet PRESIDENT United States is sincerely concerned the requirement of paragraph (3) on that The PRESIDING OFFICER. The date. about him and will continue to work Chair, on behalf of the Vice President, for his freedom—as we will for all pris- ‘‘(2) SUBSEQUENT FISCAL YEARS.—The Sec- pursuant to Public Law 83–420, as retary shall withhold 10 percent (including oners of conscience in China and Tibet. any amounts withheld under paragraph (1)) amended by Public Law 99–371, ap- Senate Resolution 19 proposes to put of the amount required to be apportioned to points the Senator from Arizona [Mr. the U.S. Senate on record in support of any State under each of sections 104(b)(1), MCCAIN] to the Board of Trustees of the release of Mr. Choephel, a strong 104(b)(3), and 104(b)(5)(B) on October 1, 2001, Gallaudet University. resolution on China and Tibet at the and on October 1, of each fiscal year there- The Chair, on behalf of the Vice after, if the State does not meet the require- U.N. Human Rights Commission in Ge- President, in accordance with Public neva and access to Tibet for inter- ment of paragraph (3) on that date. Law 81–754, as amended by Public Law ‘‘(3) REQUIREMENT.—A State meets the re- nationally recognized human rights quirement of this paragraph if the State has 93–536 and Public Law 100–365, appoints group. enacted and is enforcing a law that considers the Senator from Vermont [Mr. JEF- This resolution assures Tibetans— an individual who has an alcohol concentra- FORDS] to the National Historical Pub- those in Nepal and India where they tion of 0.08 percent or greater while oper- lications and Records Commission. wait for the day they can reclaim their ating a motor vehicle in the State to be driv- f homeland, and those inside Tibet where ing— they resist the cultural, religious, and ‘‘(A) while intoxicated; or EXECUTIVE SESSION ‘‘(B) under the influence of alcohol. political oppression of the Chinese Cen- ‘‘(b) PERIOD OF AVAILABILITY; EFFECT OF tral Government—we in the United COMPLIANCE AND NONCOMPLIANCE.— EXECUTIVE CALENDAR States have not forgotten you. We are ‘‘(1) PERIOD OF AVAILABILITY OF WITHHELD with you. We will always be with you. FUNDS.— Mr. ROTH. Mr. President, I ask unan- Yesterday, March 10, was Tibet Na- ‘‘(A) FUNDS WITHHELD ON OR BEFORE SEP- imous consent that the Senate imme- tional Uprising Day, the anniversary of TEMBER 30, 2002.—Any funds withheld under diately proceed to executive session to Tibet’s 1959 uprising against the Chi- subsection (a) from apportionment to any consider the following nomination on State on or before September 30, 2002, shall nese occupation. remain available until the end of the third the executive calendar: Calendar No. For almost 40 years, the Tibetan peo- fiscal year following the fiscal year for 41. ple have been resisting Chinese occupa- which those funds are authorized to be ap- I further ask unanimous consent that tion, while working to preserve their propriated. the nomination be confirmed, the mo- culture in exile in India and Nepal. Re- ‘‘(B) FUNDS WITHHELD AFTER SEPTEMBER 30, tion to reconsider be laid upon the pression inside Tibet has been raised to 2002.—No funds withheld under this section table, any statements relating to the a level not seen since the Cultural Rev- from apportionment to any State after Sep- nomination appear at this point in the tember 30, 2002, shall be available for appor- olution. China has absorbed large por- tionment to that State. RECORD, the President be immediately tions of Tibet into neighboring prov- ‘‘(2) APPORTIONMENT OF WITHHELD FUNDS notified of the Senate’s action, and the inces and conducted a concerted cam- AFTER COMPLIANCE.—If, before the last day of Senate then return to legislative ses- paign to dilute Tibet’s population the period for which funds withheld from ap- sion. through the relocation of Han Chinese. portionment under subsection (a) are to re- The PRESIDING OFFICER. Without Tibet’s leaders fear that Tibetans are main available for apportionment to a State objection, it is so ordered. now in the minority inside Tibet. under paragraph (1), the State meets the re- The nomination was considered and China seeks to limit the number of quirement of subsection (a)(3), the Secretary confirmed as follows: shall, on the first day on which the State young people who enter religious life. meets that requirement, apportion to the DEPARTMENT OF JUSTICE Monks are forced to undergo political State the funds withheld under subsection Lyle Weir Swenson, of South Dakota, to be indoctrination and to renounce the (a) that remain available for apportionment United States Marshal for the District of Dalai Lama. The Dalai Lama himself is to the State. South Dakota for the term of four years. the focus of virulent attacks. His pho- ‘‘(3) PERIOD OF AVAILABILITY OF SUBSE- f tograph is banned. China has detained QUENTLY APPORTIONED FUNDS.— the Panchen Lama, a young boy who is ‘‘(A) IN GENERAL.—Any funds apportioned LEGISLATIVE SESSION pursuant to paragraph (2) shall remain avail- the reincarnation of Tibet’s second able for expenditure until the end of the The PRESIDING OFFICER. Under most important religious figure, and third fiscal year following the fiscal year the previous order, the Senate will re- selected its own rival Panchen Lama. during which those funds are so apportioned. turn to legislative session. The number of political prisoners has

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2154 CONGRESSIONAL RECORD — SENATE March 11, 1997 increased dramatically—Ngawang ethnic Karen rebels, the only major Chinese Government, which views Ti- Choephel, the subject of this resolution ethnic army which has not yet signed a betan religion and culture as an im- is just one case. There are many, many cease-fire with the regime. The Karen, pediment to successfully unifying others. who are Christian, will not submit to Tibet with the ‘‘motherland,’’ such ef- Yesterday was also the opening day SLORC’s control. The Thai Army has forts are reactionary. As we have seen, of the U.N. Human Rights Commission been repatriating refugees to Burma— they are so threatening that Mr. in Geneva. Mr. President, Senate Reso- in violation of international law. The Choephel has been sentenced to 18 lution 19 reminds President Clinton carnage on the border provides yet an- years imprisonment for his efforts. The and his administration of their respon- other reason to invoke sanctions on New York Times editorial on January 2 sibility to support and bring about the the SLORC regime not just because it’s explains: passage of a strong resolution on China the decent thing to do, but because The basis of Ngawang Choephel’s convic- and Tibet at Geneva, and to raise re- U.S. law requires it. tion is unclear, but even taping Tibetan cul- lentlessly Mr. Choephel’s case, and The Karen National Union was one of ture for export could qualify as espionage other cases, with the Chinese Govern- several ethnic nationalities which under Chinese law. Since its invasion of ment, while pressing for access to agreed in January to a common plat- Tibet in 1950, Beijing has gradually increased Tibet by human rights monitors. form of support for democracy, opposi- its efforts to erase Tibet’s identity. China The administration must take this tion to Burma’s membership in has arrested those who protested the take- responsibility seriously and sincerely. ASEAN, rejection of the rigged con- over and tried to eradicate the people’s affec- However, according to news reports, stitutional convention and the tion for the leader of Tibetan Buddhism, the Dalai Lama. the administration’s position on a SLORC’s cosmetic actions against nar- China resolution at the Commission is cotics production and trafficking, and My first encounter with this tran- just a bargaining chip in United opposition to foreign investment. scending issue came with my appoint- States-China relations. There are fre- The Karen National Union is part of ment as Ambassador to India a near quent reports that the United States the democratic opposition in Burma. quarter-century ago. In 1975, along may drop, or soften, a resolution at Ge- The massive and brutal attacks on the with my daughter Maura Moynihan, I neva in exchange for some future KNU by the SLORC regime clearly visited China as a guest of George progress on human rights in China. trigger the Cohen-Feinstein condition Bush, who was then Chief of our U.S. We have been down this road before on widespread repression of the demo- Liaison Office in Peking. By this time, with the administration. It is difficult cratic opposition. I was persuaded the Soviet Union to fathom what the administration be- Mr. MOYNIHAN. Mr. President, yes- would break up along ethnic lines. But lieves it is achieving by rushing to en- terday, March 10, marked the 38th an- I was not prepared for the intensity of tice China with softer positions on niversary of the Tibetan uprising, at a ethnic tensions in the People’s Repub- human rights, on proliferation, or on time when many Tibetan citizens gave lic. One was met at the Canton railroad Hong Kong. Last year, the administra- their lives to defend their freedom and station by a giant mural of Mao sur- tion itself reports, human rights in to prevent the Dalai Lama from being rounded by ecstatic non-Chinese peo- China deteriorated. The President him- kidnaped by the Chinese Army. For ples who occupy more than half the self admitted that his engagement pol- those who stand with the Tibetan peo- nominal territory of the People’s Re- icy has not brought results. It makes ple, it is a day to consider what can be public. In Beijing, 3-year-olds in the no sense to mute or abandon our objec- done to lend support to their aspira- Neighborhood Revolutionary Com- tions to China’s record at the U.N. tions. The United States Senate will mittee of Chi Eh Tao nursery school Human Rights Commission in exchange mark the occasion by adopting this sang a patriotic song for us which for nebulous commitments. The admin- resolution Senate Resolution 19, intro- began: istration must tell the truth at Gene- duced on the first day of the 105th Con- va. gress, condemning the egregious prison We will grow up quickly to settle the bor- der regions. We will denounce and crush Lin In Burma, as well, the administra- sentence imposed by the Chinese Gov- Piao and Confucious tion has recognized a marked deterio- ernment on Hgawang Choephel. The ration in human rights over the past Foreign Relations Committee has con- A refrain which ended: year. For several months, the adminis- sidered the measure and unanimously We will each grow a pair of industrial tration has been reviewing its policy reported-out the resolution last week. hands. toward Burma in order to determine Mr. Choephel, a Tibetan Much of that Stalinoid dementia has whether to impose a ban on new United ethnomusicologist and Fulbright disappeared from the coastal regions of States investment. The administration Scholar, returned to Tibet in July 1995 China, at least for the moment, but not last year signed into a law specifying to prepare a documentary film about from Tibet. My daughter Maura has criteria for imposing an investment traditional Tibetan performing arts. He traveled to Tibet several times. After ban—first, restrictions on, physical was detained in August 1995 by the Chi- her most recent trip last year, she harm to, or the exile of Aung San Suu nese authorities and held incommuni- wrote in the Washington Post of the Kyi, or second, widespread repression cado for over a year before the Govern- Chinese assault on Tibetan religion and of the democratic opposition. ment of the People’s Republic of China The SLORC regime is doing both, and admitted to holding him, and finally culture: the administration knows it. Since last charged him with espionage in October Beijing’s leaders have renewed their as- summer, the SLORC has conducted a 1996. sault on Tibetan culture, especially Bud- campaign of intimidation, arrests, dis- On December 26, 1996, the Chinese dhism, with an alarming vehemence. The appearances, and some executions of Government sentenced Ngawang rhetoric and the methods of the Cultural Choephel to an 18-year prison term plus Revolution of the 1960s have been resur- democratic activists, and those close to rected—reincarnated, what you will—to them. Aung San Suu Kyi has repeat- 4 years subsequent deprivation of his shape an aggressive campaign to vilify the edly been kept from meeting and com- political rights following a secret trial. Dalai Lama. municating with her supporters. Her This is the most severe sentence of a phone service has been periodically Tibetan by the Chinese Government in The resolution before us records the cut. Her car was attacked. 7 years. United States Senate’s response to Throughout all of this, the adminis- The imprisonment of Ngawang these Chinese policies. We reject Chi- tration continued to review the law. Choephel reflects the broader conflict nese efforts to ‘‘erase Tibet’s identity’’ It’s time to follow the law. By failing between Tibetans and Chinese. Mr. and their ‘‘assault on Tibetan culture.’’ to do so, the administration has sig- Choephel’s arrest, and harsh sentence, Tibetans must be free, not only to pre- naled both the SLORC and our allies in appear to stem from his collecting in- serve their identity and culture, but to the region that the United States isn’t formation to preserve Tibetan per- determine their future for themselves. serious about supporting democracy or forming arts. Such treatment of Tibet- In the words of the International combating drug trafficking in Burma. ans is indicative of the extreme meas- Commission of Jurists in 1960, ‘‘Tibet Now comes a new tragedy in Burma. ures the Chinese Government con- demonstrated from 1913 to 1950 the con- For the past few weeks, the SLORC has tinues to take to repress all forms of ditions of statehood as generally ac- been waging a campaign against the Tibetan cultural expression. To the cepted under international law.’’ The

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY March 11, 1997 CONGRESSIONAL RECORD — SENATE S2155 Government of the People’s Republic of speech and the press, particularly for tory development programs which have re- China should know that as the Tibetan ethnic Tibetans. sulted in an overwhelming flow of Chinese people and His Holiness the Dalai Since its occupation of Tibet in 1949, immigrants into Tibet, including those areas the Chinese have also been responsible incorporated into the Chinese provinces of Lama of Tibet go forward on their jour- Sichuan, Yunnan, Gansu, and Quinghai, and ney toward freedom the Congress and for the destruction of much of Tibetan have excluded Tibetans from participation in the people of the United States stand civilization. The arrest of Mr. important policy decisions, which further with them. Choephel, who was engaged in efforts threatens traditional Tibetan life; I thank all my colleagues who have to preserve Tibetan culture, reflects Whereas the Government of the People’s cosponsored this resolution. In par- China’s systematic attempt to repress Republic of China, withholds meaningful ticular I would like to recognize the cultural expression in Tibet. participation in the governance of Tibet long commitment that the chairman of It is crucial that the Senate continue from Tibetans and has failed to abide by its own constitutional guarantee of autonomy the Foreign Relations Committee Sen- to send the signal that human rights for Tibetans; ator HELMS, has shown in support of abuses should not be tolerated, and Whereas the Dalai Lama of Tibet has stat- Tibetans and thank him for joining me should figure prominently in foreign ed his willingness to enter into negotiations in this effort today. I would also thank policy deliberations. As a member of with the Chinese and has repeatedly accept- both Senators from Vermont, who have the Senate Subcommittee on Asia, I ed the framework Deng Xiaoping proposed remained engaged in this matter since feel that the United States must con- for such negotiations in 1979; Whereas the United States Government it was made known and for their join- tinue to urge China to respect Tibet’s has not developed an effective plan to win ing me as a cosponsor of this measure. unique religious, linguistic, and cul- support in international fora, such as the Mr. FEINGOLD. Mr. President, I rise tural traditions and observe funda- United Nations Commission on Human today to commend the Senate’s pas- mental human rights in Tibet and else- Rights, to bring international pressure to sage of Senate Resolution 19, regarding where. bear on the Government of the People’s Re- United States opposition to the prison Mr. ROTH. Mr. President, I ask unan- public of China to improve human rights and sentence of Tibetan ethno-musicologist imous consent that the resolution be to negotiate with the Dalai Lama; Whereas the Chinese have displayed pro- Ngawang Choephel by the Government agreed to, the preamble be agreed to, vocative disregard for American concerns by of the People’s Republic of China. I am the motion to reconsider be laid upon arresting and sentencing prominent dis- proud to be an original cosponsor of the table, and any statements relating sidents around the time that senior United this resolution, which was introduced to the resolution appear at this point States Government officials have visited by Senator MOYNIHAN, and was success- in the RECORD. China; and fully reported out of the Senate For- The PRESIDING OFFICER. Without Whereas United States Government policy seeks to foster negotiations between the eign Relations Committee last week. objection, it is so ordered. Government of the People’s Republic of This resolution expresses the Sen- The resolution (S. Res. 19) was agreed China and the Dalai Lama, and presses China ate’s strong sense that Ngawang to. to respect Tibet’s unique religious, lin- Choephel should be released from the The preamble was agreed to. guistic, and cultural traditions: Now, there- prison where he has been held in since The resolution, with its preamble, is fore, be it 1995. It also urges the United States to as follows: Resolved, That it is the sense of the Senate that— raise the issue of his release with Chi- S. RES. 19 (1) Ngawang Choephel and other prisoners nese officials, to promote a resolution Whereas the Chinese Government sen- of conscience in Tibet, as well as in China, at the U.N. Human Rights Commission, tenced Ngawang Choephel to an 18 year pris- should be released immediately and uncondi- and to seek access for human rights on term plus 4 years subsequent deprivation tionally; monitors in Tibet. of his political rights on December 26, 1996, (2) to underscore the gravity of this mat- Mr. Choephel, a Tibetan national following a secret trial; ter, in all official meetings with representa- who—with the support of a Fulbright Whereas Mr. Choephel is a Tibetan na- tives of the Government of the People’s Re- tional whose family fled Chinese oppression scholarship—studied ethno-musicology public of China, United States officials to live in exile in India in 1968; should request Mr. Choephel’s immediate at Middlebury College in Vermont, was Whereas Mr. Choephel studied ethnomu- and unconditional release; detained by the Chinese authorities in sicology at Middlebury College in Vermont (3) the United States Government should Tibet in August 1995. After being held as a Fulbright Scholar, and at the Tibetan take prompt action to sponsor and promote incommunicado for a year, he was Institute of Performing Arts in Dharamsala, a resolution at the United Nations Commis- charged with espionage in October 1996. India; sion on Human Rights regarding China and In December of that year, the Chinese Whereas Mr. Choephel returned to Tibet in Tibet which specifically addresses political July 1995 to prepare a documentary film sentenced him to a 18-year prison term prisoners and negotiations with the Dalai about traditional Tibetan performing arts; Lama; following a secret trial. Whereas Mr. Choephel was detained in Au- (4) an exchange program should be estab- Mr. Choephel was preparing a docu- gust 1995 by the Chinese authorities and held lished in honor of Ngawang Choephel, involv- mentary film about traditional Tibetan incommunicado for over a year before the ing students of the Tibetan Institute of Per- performing arts when he was detained. Government of the People’s Republic of forming Arts and appropriate educational in- The State Department says there is no China admitted to holding him, and finally stitutions in the United States; and, evidence that his activities were any- charged him with espionage in October 1996; (5) the United States Government should seek access for internationally recognized thing but academic. Unfortunately, Mr. Whereas there is no evidence that Mr. Choephel’s activities in Tibet involved any- human rights groups to monitor human Choephel’s arrest and sentence appear thing other than purely academic research; rights in Tibet. consistent with previous Chinese ac- Whereas the Government of the People’s f tions to repress cultural expression in Republic of China denies Tibetans their fun- Tibet. damental human rights, as reported in the ORDERS FOR WEDNESDAY, MARCH The U.S. State Department and sev- State Department’s Country Reports on 12, 1997 eral human rights organizations, in- Human Rights Practices, and by human Mr. ROTH. Mr. President, I ask unan- cluding Amnesty International and rights organizations including Amnesty imous consent that when the Senate Human Rights Watch, note that China International and Human Rights Watch, completes its business today, it stand Asia; consistently denies Tibetans their fun- Whereas the Government of the People’s in adjournment until the hour of 9:30 damental human rights. According to Republic of China is responsible for the de- a.m., on Wednesday, March 12. I further the most recent State Department struction of much of Tibetan civilization ask unanimous consent that on Human Rights report, Chinese authori- since its invasion of Tibet in 1949; Wednesday, immediately following the ties continue to commit widespread Whereas the arrest of a Tibetan scholar, prayer, the routine requests through and well-documented human rights such as Mr. Choephel who worked to preserve the morning hour be granted and the abuse, in violation of internationally Tibetan culture, reflects the systematic at- Senate then proceed to executive ses- accepted norms. Credible reports in- tempt by the Government of the People’s Re- ˜ public of China to repress cultural expression sion to consider the Pena nomination, clude instances of death in detention, in Tibet; as under the previous order. torture, arbitrary arrest, detention Whereas the Government of the People’s I further ask unanimous consent that without public trial, and intensified Republic of China, through direct and indi- following the debate on the Pen˜ a nomi- controls on religion and on freedom of rect incentives, has established discrimina- nation, the nomination be temporarily

VerDate Mar 15 2010 22:04 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11MR7.REC S11MR7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S2156 CONGRESSIONAL RECORD — SENATE March 11, 1997 set aside, and at 12:30 on Wednesday ber of Senators. Following the morning COL. GERALD P. FITZGERALD, 0000. COL. PATRICK J. GALLAGHER, 0000. the Senate return to executive session business period and the 12:30 vote, the COL. EDWARD J. MECHENBIER, 0000. and proceed to a vote on the confirma- Senate will begin consideration of Sen- COL. JEFFREY M. MUSFELDT, 0000. COL. ALLAN R. POULIN, 0000. tion of the nomination. I further ask ate Joint Resolution 18, which is the COL. GIUSEPPE P. SANTANIELLO, 0000. unanimous consent that following the Hollings resolution on a constitutional COL. ROBERT B. SIEGFRIED, 0000. COL. ROBERT C. STUMPF, 0000. vote, the President be immediately no- amendment on campaign financing. COL. WILLIAM E. THOMLINSON, 0000. tified of the Senate’s action and the Senators can, therefore, expect addi- IN THE MARINE CORPS Senate then return to legislative ses- tional rollcall votes throughout THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT sion. Wednesday’s session. IN THE U.S. MARINE CORPS TO THE GRADE INDICATED UNDER TITLE 10, UNITED STATES CODE, SECTION 624: I now ask unanimous consent that f following the debate on the nomina- To be brigadier general tion, the Senate return to legislative ADJOURNMENT UNTIL 9:30 A.M. COL. JAMES R. BATTAGLINI, 0000. TOMORROW COL. JAMES E. CARTWRIGHT, 0000. session and there then be a period of COL. STEPHEN A. CHENEY, 0000. morning business until the hour of Mr. ROTH. Mr. President, if there is COL. CHRISTOPHER CORTEZ, 0000. COL. ROBERT M. FLANAGAN, 0000. 12:30, with Senators to speak for up to no further business to come before the COL. JOHN F. GOODMAN, 0000. 5 minutes each, with the following ex- Senate, I now ask unanimous consent COL. GARY H. HUGHEY, 0000. COL. THOMAS S. JONES, 0000. ceptions: Senator SESSIONS, 30 minutes; that the Senate stand in adjournment COL. RICHARD L. KELLY, 0000. Senator MURKOWSKI, 15 minutes; Sen- under the previous order. COL. RALPH E. PARKER, JR., 0000. COL. JOHN F. SATTLER, 0000. ator DOMENICI, 10 minutes; Senator There being no objection, the Senate, COL. WILLIAM A. WHITLOW, 0000. DORGAN 1 hour. at 7:04 p.m., adjourned until Wednes- COL. FRANCES C. WILSON, 0000. The PRESIDING OFFICER. Without day, March 12, 1997, at 9:30 a.m. IN THE ARMY objection, it is so ordered. f THE FOLLOWING-NAMED OFFICER FOR APPOINTMENT Mr. ROTH. Mr. President, I ask unan- TO THE GRADE INDICATED IN THE U.S. ARMY UNDER TITLE 10, UNITED STATES CODE, SECTIONS 624 AND 628: imous consent that following the 12:30 NOMINATIONS To be lieutenant colonel vote on Wednesday, the Senate then Executive nominations received by begin consideration of Senate Joint the Senate March 11, 1997: DOUGLAS R. YATES, 0000. IN THE NAVY Resolution 18, the Hollings resolution METROPOLITAN WASHINGTON AIRPORTS regarding a constitutional amendment AUTHORITY THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT TO THE GRADES INDICATED IN THE U.S. NAVY UNDER on campaign financing. ROBERT CLARKE BROWN, OF OHIO, TO BE A MEMBER OF TITLE 10, UNITED STATES CODE, SECTION 624: The PRESIDING OFFICER. Without THE BOARD OF DIRECTORS OF THE METROPOLITAN To be captain objection, it is so ordered. WASHINGTON AIRPORTS AUTHORITY FOR A TERM EXPIR- ING NOVEMBER 22, 1999, VICE JACK EDWARDS, TERM EX- EDWARD H. LUNDQUIST, 0000. PIRED. f To be lieutenant commander IN THE AIR FORCE PROGRAM MATTHEW P. FORD, 0000. THE FOLLOWING-NAMED OFFICERS FOR APPOINTMENT JOHN D. O’BOYLE, 0000. Mr. ROTH. Mr. President, for the in- IN THE RESERVE OF THE AIR FORCE TO THE GRADE INDI- CATED UNDER TITLE 10, UNITED STATES CODE, SECTION formation of all Senators, following 12203: f the 40 minutes of debate tomorrow To be major general morning on the Pen˜ a nomination, the CONFIRMATION BRIG. GEN. JOHN J. BATBIE, JR., 0000. Senate will temporarily set aside the BRIG. GEN. WINFRED N. CARROLL, 0000. Executive Nomination Confirmed by nomination with the vote occurring on BRIG. GEN. DENNIS M. GRAY, 0000. BRIG. GEN. GRANT R. MULDER, 0000. the Senate March 1, 1997: confirmation at 12:30, Wednesday after- BRIG. GEN. VIRGIL J. TONEY, JR., 0000. DEPARTMENT OF JUSTICE noon. Following the morning debate, To be brigadier general there will be a period of morning busi- LYLE WEIR SWENSON, OF SOUTH DAKOTA, TO BE U.S. COL. WILLIAM E. ALBERTSON, 0000. MARSHAL FOR THE DISTRICT OF SOUTH DAKOTA FOR ness in order to accommodate a num- COL. PAUL R. COOPER, 0000. THE TERM OF 4 YEARS.

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TRIBUTE TO BONNIE MILLER pieces of legislation that have greatly bene- Sleeping Car Porters, to prompt President fited the highway, paving, and aggregate in- Roosevelt to issue an Executive order which HON. ANNA G. ESHOO dustries in Tennessee. He has been able to barred discrimination on the basis of race, OF CALIFORNIA gain the support of the legislature for highway creed, or national origin in any war-related in- and ARTBA issues. In fact, Tennessee was dustries. IN THE HOUSE OF REPRESENTATIVES one of the few and the largest State delega- I proudly join with others to salute the efforts Tuesday, March 11, 1997 tion where all the House Members voted in of Arnold Aronson to bring civility to the United Ms. ESHOO. Mr. Speaker, I rise today to favor of removing the transportation trust States through positive action. To date Arnold honor Bonnie Miller, a dedicated community funds from the unified Federal budget. Aronson is an active member of the Leader- leader who is being honored as an inductee Mr. Miller, a graduate of Middle Tennessee ship Conference. Largely due to Mr. Aronson's into the San Mateo County Women's Hall of State University, has led an active life, dedi- perseverance and coalition building, today's Fame. cated to leadership. Before becoming the as- Leadership Conference includes nearly 200 Bonnie Miller, a member of the board of di- sociation executive, he owned and operated a organizations and continues to confront all rectors of the Fair Oaks Community Center, grading, base, paving and rock quarry com- fronts of racial, religious, national origin, gen- conducted several fundraising efforts which re- pany, an asphalt paving company, and two der and sexual orientation bigotry and dis- sulted in the group being able to provide food water, sewer, and gas line companies. He has criminations. for many people who would otherwise have served as chairman of the ARTBA Council of gone without. She organized her community to State Executives in 1990 and is an active f make the Taft School a drug-free zone, and member of the ARTBA bridges and structure was a founding member of a coalition which committee. TRIBUTE TO JEAN MILLER OF developed the Taft/Healthy Start Family Cen- Mr. Miller is a respected citizen in the com- HER RETIREMENT ter in 1995. She is the owner of a small busi- munity. He is married to June Miller, has four ness and has been active in the Women's Fi- children and six grandchildren. He is a de- nancial Information Program, a 7-week course voted family man and a devoted representa- HON. ROBERT E. ANDREWS that was designed to help women conquer tive of TRBA and ARTBA. I congratulate him OF NEW JERSEY their fear of finances. She has raised seven on his award and wish him the best of luck. children and received the Unsung Hero Award f IN THE HOUSE OF REPRESENTATIVES from the Redwood City Interservice Club and Tuesday, March 11, 1997 the Sequoia Award for Outstanding Volunteer- RECOGNIZING ARNOLD ARONSON ism. Mr. ANDREWS. Mr. Speaker, within every Mr. Speaker, Bonnie Miller is an outstanding HON. RONALD V. DELLUMS community, there are individuals who, through citizen and I salute her for her remarkable OF CALIFORNIA their acts of kindness and selflessness, touch contributions and commitment to our commu- IN THE HOUSE OF REPRESENTATIVES many lives. Quite often, they are the silent leaders following a path that many others nity. I ask my colleagues to join me in honor- Tuesday, March 11, 1997 ing and congratulating her on being inducted have traveled. Those who travel with them find into the San Mateo County Women's Hall of Mr. DELLUMS. Mr. Speaker, I rise today to prosperity at the end. One such leader is Jean Fame. commemorate the 87th birthday of Arnold Miller. f Aronson, an ardent crusader for civil rights. In April 1997, Ms. Miller will be retiring as Arnold Aronson's distinguished career in civil president of the Southern Chester County, PA, HONORING BRADFORD MILLER rights transcends several generations includ- Emergency Medical Services, Inc. For Ms. Mil- FOR HIS AWARD OF HIGHEST ing Franklin Roosevelt's New Deal. Mr. ler, this marks the end of an impressive and HONOR FROM THE AMERICAN Aronson, with Roy Wilkins launched the Na- rewarding career. She served 25 years in the ROAD AND TRANSPORTATION tional Emergency Civil Rights Mobilization, an Navy, including three tours as a surgical nurse BUILDERS ASSOCIATION organization, which later became known as during the Vietnam war. Ms. Miller was also the Leadership Conference on Civil Rights. an active member of the West Grove Fire Co. HON. BOB CLEMENT This civil rights organization marched on She has been admired by her colleagues for OF TENNESSEE Washington to protest intolerable race-based her skills in the operating room as well as the IN THE HOUSE OF REPRESENTATIVES injustices and lobbied for greater civil rights warmth she displayed in the recovery room. protections for Black Americans. Arnold Credited for improving ambulatory services Tuesday, March 11, 1997 Aronson drafted a report assessing needs of in the Chester County community, Ms. Miller Mr. CLEMENT. Mr. Speaker, I rise today to Black Americans which later became the 1957 expanded the services to include routine am- congratulate Bradford Miller for winning the Civil Rights Act. bulance transportation and emergency basic American Road and Transportation Builders While at the helm of the Leadership Con- life support services. In addition, she was the Association Award, the ARTBA's most pres- ference for the first 13 years of its origin, this guide for providing basic life support profes- tigious award. champion of civil rights also was the program sional staff to local ambulance services, aug- Mr. Miller is the current executive vice presi- director of the National Jewish Community Re- menting such services during daytime hours dent of the Tennessee Road Builders Associa- lations. Throughout his activist career, when volunteer help was limited. tion [TRBA]. Under his leadership, the TRBA Aronson allied the Jewish and Black commu- has grown to nearly 380 members and is one nities in the struggle for civil rights. He is one On March 16, the citizens of Chester Coun- of the largest and most supportive chapters in of the original 10 organizers and leaders of ty will honor Jean Miller for a lifetime of unself- ARTBA. the 1963 March on Washington. A tremendous ish service. As she receives accolades from Since Mr. Miller has served as executive amount of legislation was initiated under his the citizens present at this event, individuals vice president, TRBA has passed significant direction at the Leadership Conference. Most across the country who were touched by Ms. legislation for our State's transportation sys- notably included are the 1957 and 1964 Civil Miller's caring hands will once again feel her tem in the Tennessee General Assembly and Rights Acts, the 1965 Voting Rights Act, and touch as the last chapter of an illustrious ca- has seen its highway construction program the 1968 Fair Housing Act. reer comes to an end. grow from $250 million to a record $540 mil- In the early days of the Leadership Con- As chairman of the Congressional Fire Serv- lion in 1996. Mr. Miller has developed close ference, Mr. Aronson worked closely with my ice Caucus, it is my honor to pay tribute to relationships with the Tennessee delegation, uncle, C.L. Dellums, and A. Phillip Randolph Ms. Miller on behalf of the 320 Fire Caucus which prompted the passage of numerous the legendary president of the Brotherhood of members.

∑ 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. E426 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1997 IN HONOR OF MARTHA GRIFFITHS me in honoring and congratulating her on Guam students. These included the Pacific ON THE 25TH ANNIVERSARY OF being inducted into the San Mateo County Basin Program, the Citizen Bee, and the Ge- THE EQUAL RIGHTS AMEND- Women's Hall of Fame. ography Bee. MENT f Helen's friend and colleague, Robert Abaday gave the following eulogy at her me- A GREAT TEACHER . . . AN morial services: HON. LYNN N. RIVERS INSPIRATION OF MICHIGAN Helen began writing her autobiography on December 5th, 1996 and penned the last entry IN THE HOUSE OF REPRESENTATIVES HON. ROBERT A. UNDERWOOD on January 6th, 1997—the day before she en- Tuesday, March 11, 1997 OF GUAM tered the hospital. She never got to finish the story, but I, as a colleague at JFK High Ms. RIVERS. Mr. Speaker, for the record, I IN THE HOUSE OF REPRESENTATIVES School and as her friend, will do my best to would like to pay tribute to an exceptional per- Tuesday, March 11, 1997 relate some things about her as I remember son whose vision for equality raised the con- her. sciousness of our Nation. During her 20 years Mr. UNDERWOOD. Mr. Speaker, this past Helen’s enthusiasm for teaching excited in the House, Martha Griffiths dedicated her- February 24 would have been the 52d birth- her students; encouraged them to do their self to fighting for equal rights for women and day of Helen Leon Guerrero Carriveau should best; and, in some lit the passion for teach- minorities. she have survived here bout with cancer. ing. Her classroom was alive with colors, art, ˜ Elected to Congress in 1954, Ms. Griffiths Helen Carriveau left a lasting impression on music, exotic foods, posters, pinatas, and her family, her friends, her colleagues, and student assignments for social studies and made the introduction of legislation prohibiting Spanish. She shared her knowledge of Guam, wage discrimination on the basis of sex one of most importantly her many students. A resi- dent of Latte Heights, Mangilao, Helen taught history, and Spain. Helen initiated the JFK her first priorities in the 84th Congress. Break- Cinco de Mayo celebration, which has since ing gender barriers, Ms. Griffiths became the in the Guam Public School System for 28 become an annual event. She was involved in first woman representative to win appointment years. She began her teaching career on the school and loved the students. Helen was to the Committee on Ways and Means in Guam in 1968 at George Washington High an ‘‘Islander’’ who led us in school spirit and 1962. One of her many great achievements in School. The next year she transferred to fiercely believed her school and students Dededo Junior High School, now known as were the best on island. Congress was the inclusion of her amendment Teaching was not a job that ended at 2:30— prohibiting sex discrimination in the landmark Dededo Middle School, and taught there until 1986 when she transferred to John F. Ken- it was a lifestyle that included evenings, 1964 Civil Rights Act. Ms. Griffiths untiring ef- weekends and vacations. Helen was always forts to create an equal playing field for nedy High School. For the next 10 years, ready to stop by school for meetings or to women led to the passage of the Federal Helen worked avidly advising and supporting chaperone. She was always ready to listen to Equal Rights Amendment in the 91st Con- almost every student organization on campus. student’s problems; help them find solutions; gress. Although, ultimately, the Equal Rights Helen worked endlessly during the seven- encourage them to continue; and when she Amendment was not adopted into law, the leg- ties and eighties toward the preservation of needed to, straighten them out. She allowed the Chamorro language and culture. Through others to experiment and to make their own acy of Ms. Griffiths' efforts continue to serve mistakes. Students in Spanish, history and as an inspiration to all of us. her role as a language teacher, Helen used her charisma to coach her many students who student government loved her classes and On March 22, 1997, Ms. Griffiths will be in knew Helen was there for them. Students re- Washington, DC, celebrating the 25th anniver- participated in the various islandwide oratorical turning from college on vacation would seek sary of the Equal Rights Amendment's pas- contests. Part of her role included coordinating her out, once again, to share their triumphs sage in Congress. On that day, we will cele- the various campus activities at Dededo Mid- and their worries. brate Ms. Griffiths lifetime dedication to fur- dle School where she was teaching at the Helen had a very active life. Look at the thering equality for all Americans. time. lists over the years for committees, work- shops, and chaperons and Helen’s name will f Helen's work at John F. Kennedy High School during her 10 years of service were be included. Close-up, National Honor Soci- TRIBUTE TO FRANCISCA DE especially rewarding to her many students. ety, SHOUT, Peer Counseling, and Geog- raphy BEE were only a few of her many ac- CASTRO GUEVARRA She was the main advisor for the John F. tivities. She shared her knowledge of Guam Kennedy High School student government and its history during the Golden Salute by HON. ANNA G. ESHOO program, WAY. During her term as faculty ad- leading tours for Veterans. Helen was well-organized, responsible, and OF CALIFORNIA visor, the WAY Program developed from a thorough. Whatever activity or event she ran IN THE HOUSE OF REPRESENTATIVES student government class to an active school and community-based operation. Students would be sure to be smoothly planned and Tuesday, March 11, 1997 implemented. made major decisions affecting school fund- Those who worked with her could expect to Ms. ESHOO. Mr. Speaker, I rise today to raising, activities, calendars, and financial be recruited for some event or job, but we honor Francisca De Castro Guevarra, a dedi- management. Through her work, the student knew Helen would be there working right cated community leader who is being honored government office became equipped with com- along with us. She believed in working to- as an inductee into the San Mateo County puters, printers, a facsimile machine, a copy gether and asked for input from others. She Women's Hall of Fame. machine, and a direct telephone line. With her always had a few minutes available to Francisca De Castro Guevarra was born in encouragement, WAY defined its role as um- bounce ideas and phrases around. Helen San Francisco and is the daughter of Filipino brella organization for the other student enti- could make you feel your ideas were good and you were an important port of any en- immigrants. She has been an exemplary com- ties throughout the school. Together, they sup- deavor. munity volunteer for the past 28 years. She plied the school with trashcans for litter, pro- Helen made others feel welcome—new stu- left her banking career in 1969 to join the Vol- vided a public address system for school func- dents at the orientations, new classes, new unteer Center where she has been instrumen- tions, and acquired display cases for the art colleagues-faculty, staff, and administrators. tal in broadening the focus of service to classes. Helen helped form and organize sev- People were drawn to Helen. They enjoyed groups and regions that had not previously eral other student organizations including her company, she loved a good story and was been served. In 1990, she organized the bay HITAÐHelping Islanders to AchieveÐand the a great storyteller. She was a charter mem- area's first Volunteer Center Conference on community-based JFK chapter of the SHOUT ber of the Social Studies Party Animals. Helen made everyone feel better just being Cultural Diversity and Voluntarism, which has Program. She was an advisor to the S Club, around her. She enjoyed laughing and made served as a model for many subsequent con- several class councils, as well as the National us laugh along with her. You could always ferences throughout the bay area. She has Honor Society. tell when Helen was holding back a laugh been tireless in her efforts to involve youth in Together with Connie Guerrero, another ed- though—her eyes danced. voluntarism and service, and conducted a ucator, Helen became a lead facilitator and or- Friendship was very important to Helen. management training session for representa- ganizer of the Guam Close-up Program which Her father told her that if you had friends— tives of 18 European countries at the 1996 literally brought hundreds of our island stu- you were rich. Helen had many friends. If you ever needed any help, Helen was there. I Volunteurope Conference in Rome. dents to our Nation's Capital for participation have pictures of Helen and Liz Huey sweep- Mr. Speaker, Francisca De Castro Guevarra in workshops and lectures developed to spark ing water out of classrooms after a typhoon, is an outstanding citizen and I salute her for and maintain student interest in government sweating and laughing. Helen taught a group her remarkable contributions and commitment and democracy. Under Helen's leadership of us how to play pinochle a few weeks before to our community. I ask my colleagues to join several other programs were introduced to Christmas. She was considerate, encouraged March 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E427 us to ‘‘go for it’’, and went out of her way for customer at her restaurant since almost Board of Directors of The University of others. Her generous nature made us feel birthÐin fact both of my daughters can claim Houston, Sheltering arms, and the Houston honored to be accepted as her friends. to have eaten at Felix's under her watchful Women’s Club. When you needed a spokesperson, a medi- She was preceded in death by her husband, ator or a dragon fighter, Helen was there. eyes within one week of their respective Felix Tijerina, Sr. and is survived by her Helen was known for her high sense of val- birthsÐI came to know Mrs. Tijerina while daughter Janie Tijerina; son Felix Tijerina, ues, family pride, love for live and integrity. serving as chairman of the Harris County Jr. and wife Sandra Kay; grandchildren Cary Compassionate and dignified could be used to Democratic Party, when we leased space in Jordan Tijerina and Katherine Ann Tijerina. describe this gracious and joyful woman. She the flagship restaurant on Westheimer for use Friends may call at Geo. H. Lewis & Sons, showed us what it meant to have courage as a polling place. I will always remember her 1010 Bering Drive, after 12:00 noon Tuesday, and to value family, friends, and life. She enthusiastic greeting and her meticulous dedi- where a Rosary in English will be recited at shared her life with all of us—moment by 6:30 p.m., and in Spanish at 7:30 p.m. The fu- moment. She encouraged us, she challenged cation to satisfying her customers. She truly neral mass will be celebrated at 1:30 p.m. us, she brought out the best in us. Helen ran what is now a Houston institution. She Wednesday, March 5, 1997, at St. Anne Catho- taught all of us. She taught us how to enjoy was one-of-a-kind and will be greatly missed lic Church, 2140 Westheimer, with Rev. David every bit of life. She taught us, through her by generations, including four in my family, Zapalac celebrant. Rite of Committal will own example, how to live.’’ who were fortunate enough to have met her follow in the Garden of Gethsemane, Forest Her thoughtfulness and influence extended and spent time with her. Park Lawndale Cemetery. Active Pallbearers far past the campus of John F. Kennedy High Janie Tijerina treated everyone in Houston will be Eugene Galindo, Alejandro Parra, Sia School. She can count on many other stu- as a family member, and now that family Ravari, Cary Tijerina, Janie B. Tijerina and James E. Wiggins. Honorary Pallbearers will dents as her pupils. Joshua Tenorio, one of mourns her passing. I ask unanimous consent be Frank Barrera, Joe Gonzalez, Hewitt Jen- my legislative assistants is included as one of to insert in the RECORD at this point an article kins, Thomas Kreneck, Paul Pressler, Sr. those students. He met her many years ago and obituary which appeared in the Houston and Joseph Soper. For those desiring, memo- during a trip to Washington he had made to Chronicle on March 4, 1997. rial contributions may be given to The Uni- participate in the Close-up Program. As a rep- RESTAURATEUR JANIE TIJERINA DIES AT AGE versity of Houston System, 1600 Smith, Suite resentative of the Guam Youth Congress, 88 3400, Houston, Texas, 77002 Attn: General En- Joshua did not have an advisor. Helen adopt- Services will be held Wednesday for Janie dowment Fund for Scholarships, or to a ed his group and they bonded from then on. Gonzales Tijerina, who helped her husband, charity of your choice. Joshua told me: Felix Sr., launch Felix Mexican Restaurants f She was a true inspiration to us all. She 60 years ago. was always encouraging and provided us She died Sunday at age 88 after a long ill- IN MEMORY OF MARTIN SLATE with her full support. Her death is a loss to ness. the entire island of Guam for she represented Tijerina had served on the Municipal Arts HON. EARL POMEROY everything positive about being an educator. Commission and numerous other boards. OF NORTH DAKOTA She lives on in the minds of the hundreds of ‘‘Her death helps mark the passing of the IN THE HOUSE OF REPRESENTATIVES students she touched with her heart. I know founding generation of the truly prominent that her husband and her children can safely Hispanic Houstonians who began to attract Tuesday, March 11, 1997 say that she led the best possible life. That citywide attention,’’ said historian Thomas Mr. POMEROY. Mr. Speaker, today I wish is why we should celebrate it whenever we H. Kreneck. to take a few moments to express my sadness think of her. One thing is for sure, she will Tijerina’s husband, likewise deeply in- never be forgotten. volved in civic projects, was national presi- at the passing of a truly dedicated public serv- ant. His name was Martin Slate, Since 1993, Helen was my colleague in various projects dent of the League of United Latin American Mr. Slate had served as executive director of over the years. She was intelligent, committed, Citizens before his death in 1965. In the 1930s, the Tijerinas were a strug- the Pension Benefit Guaranty Corporation and a positive influence on everyone she gling couple in Houston. He had tried to [PBGC]. In this capacity, he was charged with came into contact with. I will miss her, her stu- launch a restaurant, and they were living in safeguarding the hard-earned pension benefits dents will miss her, and the people of Guam a spare, one-room house. of millions of working Americans. It was a job have lost a great educator. One day, her boss at a variety store gave he did brilliantly. He arrived at the PBGC at a Mr. Speaker, it is with great pride that I sub- her $50 to bet on a horse at Epsom Downs, time when the agency was in danger of failing mit this statement for the RECORD. May others the area’s former horse track. He was such a take note and use her as an example of the skinflint, she knew he wouldn’t risk that in its mission to guarantee the pension bene- best that we can be. My sincere condolences much money unless he was sure the horse fits of American workers. He developed a plan go out to her husband, Kenneth, and her chil- would win. to set things right and went about doing so. She had promised her husband to stop dren and their spouses, Kenneth and Director Slate led the effort to make needed gambling but couldn’t resist betting on the reforms in the pension laws, he restored the Llolanda, Monique, and Brett, and her two same horse. She hocked her jewelry and furs grandchildren, Katherine and Kieran. PBGC to a level of solvency it had not seen and their car, plus got a few dollars from in decades, and he spearheaded a new initia- f other shop girls, and bet $450. The horse won, but Felix, then a beer truck tive to track down missing pension participants IN MEMORY OF JANIE TIJERINA driver, was shocked and said: ‘‘Janie, what and provide them with the benefits they had OF HOUSTON, TX have you done?’’ earned but not received. She confessed about reneging on her prom- While at PBGC, Director Slate worked HON. KEN BENTSEN ise, gave him the winnings (about $1,100 after closely with leaders from Capitol Hill, particu- their property was redeemed), told him to OF TEXAS larly with former Congressman J.J. ``Jake'' open a restaurant and pledged, ‘‘You’re going IN THE HOUSE OF REPRESENTATIVES Pickle. Writing to Director Slate's spouse last to be the only boss.’’ week, Congressman Pickle remarked: Tuesday, March 11, 1997 Tijerina is survived by a son, Felix Jr., and a daughter, Janie. We should give eternal thanks for Marty’s Mr. BENTSEN. Mr. Speaker, I rise to honor leadership in the Pension Benefit Guaranty the memory of a valuable member of the Program. For years neither the Administra- JANIE GONZALES TIJERINA Houston community, Mrs. Janie Gonzales tion nor Congress could remove road blocks Tijerina, who passed away on Sunday, March Janie Gonzales Tijerina (Mrs. Felix that kept badly-needed pension reform from Tijerina, Sr.), 88, owner of Felix Mexican enactment. Marty Slate knew the problem, 2, 1997. Mrs. Tijerina was among Houston's Restaurants, died Sunday, March 2, 1997 in most prominent community leaders, but per- and knew how to chart a course of action. As Houston. Mrs. Tijerina was born December Chairman of the Congressional Subcommit- haps will be most remembered as the owner 20, 1908, in Sandyfork, Texas. She was a tee that had jurisdiction over pension re- of Felix Mexican Restaurants which she member of St. Anne Catholic Church, was form, I can vouch that Marty, more than founded with her husband, the late Felix past president of the Downtown Women of anyone, led the fight that resulted in the Tijerina, Sr., in the 1930's. Following her hus- Rotary and was the first woman granted a passage of the Retirement Protection Act of band's death in 1965, Mrs. Tijerina continued membership in the Rotary Club of Houston, 1994. Countless millions of American work- to run the restaurants with her family until her (Downtown). She was past president of the ers, now and in the future, owe a deep debt Pilot Club of Houston, a member of the Sal- of gratitude to this great man. death last week. As much as the community vation Army, the Chamber of Commerce of of Houston loved and respected Mrs. Tijerina, Houston, South Houston and Pasadena, was Having worked closely with Director Slate on her family has suffered an even greater loss. a former board member of the National Hotel pension policy over the past several years, I Mrs. Tijerina touched the lives of many gen- Association of Mexico City, member of the share Congressman Pickle's enormous grati- erations in Houston. While I was a regular City Art Commission, past member of the tude for the leadership and vision he provided E428 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1997 in advancing the retirement security of the STATE OF ARIZONA, for the Southern Travel Directors Council, American people. Our Nation has lost a valu- OFFICE OF THE ATTORNEY GENERAL, which later became known as Travel South able ally in the critical struggle to achieve eco- Washington, DC, February 27, 1997. USA. He developed a high impact advertising Hon. BILL CLINTON, nomic security for our Nation's retirees. Office of The President of the United States, program in television, radio, and newspaper Fortunately for our Nation, however, Director The White House, Washington, DC. and attended trade shows for the State of Slate's 4 years of success at the PBGC were DEAR PRESIDENT CLINTON: As the chief law Georgia all over America and Europe. not a temporary foray into government service and law enforcement officers of our respec- Mr. Hardman was involved in Presidential but the capstone of a lifelong career of service tive States, we are gravely concerned with Inaugurations and entered Georgia floats in to the public. Prior to coming to the PBGC, recent reports that our cooperative efforts the Kennedy, Johnson, and Nixon inaugura- Mr. Slate oversaw employee benefit plans for with law enforcement officials of the Repub- tions. He was instrumental in obtaining favor- lic of Mexico in the fight against illegal able legislation for tourism in Georgia. For the Internal Revenue Service and served in a drugs may have been seriously compromised. variety of capacities at the Equal Employment This is intolerable. It threatens the integrity several years, he had Georgia floats in the Opportunity Commission. Marty's lifelong dedi- of our own enforcement efforts in our respec- tournament of Roses Parade. He won a num- cation to ensuring equal opportunity and pre- tive States, States which border Mexico and ber of awards including the Sweepstakes serving workplace benefit security brought tan- which are heavily impacted by the devastat- Award. Hardman organized the Jimmy Carter gible results to millions of working Americans. ing cross-border illegal drug trade. Frankly, Inaugural Special train to Washington for the His life stands as a testament to the fact that we are concerned about the consequences to inauguration of his home State President one can achieve great good in service to state and national drug enforcement person- Jimmy Carter. The special train sold out in 2 nel, programs, strategies, data, equipment days and several cars on the regular train one's country. and criminal intelligence sources. Mr. Speaker, this past Thursday I attended Accordingly, we urge you to take the ap- from Atlanta to Washington were sold to the a memorial service for Director Slate. While propriate action under sections 489 and 490 of Jimmy Carter group. this required me to miss several recorded the Foreign Assistance Act of 1961 to decer- Mr. Hardman left his State of Georgia em- votes here in the House, I was proud to count tify the Republic of Mexico as a country ployment in 1971 to go into his own business, myself among the hundreds of colleagues and ‘‘fully cooperating’’ with the United States a travel agency, travel advertising and pro- to end drug production, trafficking and re- motion accounts, attraction development, trade friends who gathered to pay tribute to this ex- lated activities. While this step appears to be ceptional man. Speaker after speaker rose to show management and other areas of the drastic, we are unaware of any credible alter- tourism industry. In 1983, he got the idea for celebrate the life and mourn the passing of native means of impressing upon the appro- this quintessential public servant and vibrant priate agencies of national authority in Mex- a regional travel organization. In September friend. For those of us who had known him ico the seriousness of these breaches of secu- 1983, 21 people from 7 Southeastern States only professionally, we learned in moving rity. We cannot continue to cooperate in sen- met in Atlanta to determine if there was a terms that Marty's dedication to his country sitive operations fighting drugs under these need for such an organization. The result was was matched by dedication to his friends and circumstances. the formation of the Southeast Tourism Soci- Sincerely, family. Country, colleagues, family, friendsÐall ety, which currently has a membership of 450 GRANT WOODS, will miss him terribly. people representing 10 Southeastern States. Attorney General, STS is the strongest regional travel organiza- Mr. Speaker, I ask my colleagues in this State of Arizona. tion in the nation. The purpose of STS is to Chamber to join me in sending heartfelt con- DANIEL E. LUNGREN, market and develop tourism and travel to and dolences to Marty's wife, Dr. Caroline Poplin, Attorney General, within the Southeastern States of Alabama, and to the other members of Marty's family. At State of California. Florida, Georgia, Kentucky, Louisiana, Mis- this difficult time, I know that we all join in ex- f sissippi, North Carolina, South Carolina, Ten- pressing our sincere gratitude for Marty's HONORING BILL HARDMAN, SR., nessee, and Virginia. many years of dedicated service to this Nation FOR HIS SERVICE TO THE STATE Mr. Hardman currently serves on the White and his fellow citizens. OF TENNESSEE AND OTHER House Conference Travel and Safety Commit- SOUTHEAST STATES IN THE tee. He has won numerous awards including f AREA OF TOURISM the coveted Travel Industry Association of DECERTIFYING MEXICO American Knight of the Golden Horseshoe HON. BOB CLEMENT Award in 1973. OF TENNESSEE Mr. Hardman's organizational and people HON. BENJAMIN A. GILMAN IN THE HOUSE OF REPRESENTATIVES skills have been the key to 10 States working together as though there are no State borders OF NEW YORK Tuesday, March 11, 1997 IN THE HOUSE OF REPRESENTATIVES and working for the good of the region as a Mr. CLEMENT. Mr. Speaker, I rise today in whole. The Southeast States enjoy an abun- Tuesday, March 11, 1997 honor of Mr. Bill Hardman, Sr., and his service dance of tourism, due, in part, to the efforts of to the State of Tennessee and other South- Mr. GILMAN. Mr. Speaker, I would like to in- Mr. Hardman. He is a good friend, not only to east States in the area of tourism. sert into the CONGRESSIONAL RECORD a letter the States represented by STS, but also to me Mr. Hardman, who has served as the presi- to President Clinton from Grant Woods, attor- personally. Tennessee has been served well dent and CEO of the Southeast Tourism Soci- ney general from the State of Arizona; and by his many successes. But, I don't expect ety [STS] since its inception in 1983, is relin- Daniel E. Lungren, attorney general from the him to sit idly by, so I hope we will be hearing quishing his duties on March 15, 1997. He will State of California. I call our colleagues' atten- from him often. Mr. Hardman will certainly be be greatly missed. tion to the important message conveyed in this missed in his position at STS. I wish him the Mr. Hardman is a legend in the tourism in- letter from two leaders on the frontlines in the best of luck. dustry. He began his career in 1959 when he struggle against illegal drugs. f became Georgia's first tourism director, a po- Their message is clear: United States law sition he held for 12 years. One of Mr. Hard- TRIBUTE TO MARYANN MEDINA enforcement resources have been com- man's first projects was to construct welcome promised by corruption among their counter- centers at Georgia's State borders. The State HON. ANNA G. ESHOO parts in Mexico. They call upon this Congress was the first in the Southeast other than Flor- to decertify Mexico. OF CALIFORNIA ida to form a welcome center program. Before IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, in consultation with our col- he left, he had planned and coordinated eight leagues, we will present legislation on Thurs- welcome centers. Following his successful Tuesday, March 11, 1997 day that will decertify Mexico and send a bi- program, other Southeastern States began Ms. ESHOO. Mr. Speaker, I rise today to partisan message to President Clinton and to constructing welcome centers and today, all honor Maryann Medina, a dedicated commu- the Mexican Government on steps that should Southeastern States have strong welcome nity leader who is being honored as an in- be taken to stem the flow of drugs into the center programs. ductee into the San Mateo County Women's United States from Mexico. Mr. Hardman instituted the first Governor's Hall of Fame. I commend our friends from California and Conference on Tourism in the United States in Maryann Medina, one of the few Latina Arizona and urge my colleagues to study the Georgia and other States followed. In 1965, women working for the San Francisco Post wise counsel conveyed in their letter. he created and served as the first president Office in 1966, recognized the importance of March 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E429 lending a helping hand and became the first FirstÐthere is such ``controlling legal author- Francis, Jalle Mitchell, Dana Godfrey, Jessica woman president of the Latin American Postal ity.'' It's called the U.S. Code. Barr-Long, Brianna Brown. Workers. While continuing to work full time, Section 607, of title 18, of the United States f she earned her AA degree in 1981 and a BS Code states that, ``It shall be unlawful for any degree in public administration in 1985. In person to solicit or receive any contribution THE HOMEOWNERS CAPITAL LOSS 1989, she was elected Western region coordi- * * * in any room or building occupied in the RELIEF ACT nator of the APWU Post Office Women for discharge of official duties by any person men- Equal Rights. She organized her union's tioned in section 603 * * *.'' Section 603 of HON. RON PACKARD Childcare Committee and worked for a 24- Title 18, defines ``any person'' to include ``an OF CALIFORNIA hour childcare facility for postal workers. She officer or employee of the United States or IN THE HOUSE OF REPRESENTATIVES joined Toastmaster International, became a any department or agency thereof, or a person Tuesday, March 11, 1997 public speaker, and attended the Fourth World receiving any salary or compensation for serv- Conference on Women in Beijing in 1995, and ice from money derived from the Treasury of Mr. PACKARD. Mr. Speaker, current tax she now makes frequent public presentations the United States * * *.'' Violators of section laws discourage homeowners from selling about the conference. She is a member of the 607 can be fined and/or imprisoned for up to their homes. By keeping them in homes they Soroptimists and volunteers as a facilitator in 3 years. How much more clear can it be? can't afford to lose money on, we are making the Women's Financial Information Program. SecondÐput the law to one side. What it harder for families just starting out to pur- Mr. Speaker, Maryann Medina is an out- about a sense of personal ethics? Do we real- chase their first home. My bill will free up standing citizen and I salute her for her re- ly need a law to sayÐ``Don't use the public's those homes for first-time buyers. I am work- markable contributions and commitment to our money for personal political gain?'' ing to make the American dream a reality for community. I ask my colleagues to join me in Mr. Speaker, in light of the President and as many families as possible. honoring and congratulating her on being in- Vice President's actions, Congress needs to Recently, I introduced bipartisan legislation ducted into the San Mateo County Women's send a signal of hope and self-confidence to which would allow homeowners to deduct Hall of Fame. the entire country that we don't all do it. Re- losses taken on the sale of their home from f grettably, many people looking at Congress their taxes. The Homeowners Capital Loss Relief Act would enable many homeowners to WE DON’T ALL DO IT think each of us does pretty much the same sort of thing, or at least looks the other way sell their homes below the price they paid and when one of our colleagues does. Well, as a deduct this loss from their taxes. I know that HON. TOM CAMPBELL matter of fact, not everyone does use public our families work to scrimp and save for their OF CALIFORNIA office for personal political gain. And not every piece of the American dream. They should not IN THE HOUSE OF REPRESENTATIVES one of us looks the other way, either. be penalized for a depressed real estate mar- Tuesday, March 11, 1997 f ket and a drop in the value of their homes. Mr. CAMPBELL. Mr. Speaker, the most dis- Mr. Speaker, this pro-homeowner provision appointing phrase anyone serving in public of- UNIVERSITY OF TEXAS AT AR- was originally passed as part of the Balanced fice can hear today is they all do it. That is, LINGTON MOVIN’ MAVS AND Budget Act of 1995. I was disappointed that essentially, the White House defense of the DUNCANVILLE HIGH SCHOOL’S this provision did not become law. Today, I am crass sale of Presidential perks to major do- GIRLS’ BASKETBALL TEAM working to change that and provide much- nors to the President's party. From the public needed tax relief to America's homeowners. polling data, it appears the President and Vice HON. MARTIN FROST This bill recognizes that owning a home is President are winning with this defense. Since OF TEXAS more than just an investmentÐit is an impor- everyone does it, it sounds almost hypocritical IN THE HOUSE OF REPRESENTATIVES tant goal for many Americans. In addition, by enabling more families to purchase their first for critics to point out the unique venality of Tuesday, March 11, 1997 the White House political machine. There is a home, my legislation will encourage more in- surmise that Members of Congress also sell Mr. FROST. Mr. Speaker, I rise today to pay vestments in our communities. perks of office for campaign advantage. In tribute to two amazing athletic achievements Mr. Speaker, the American people have fact, we do not. that were recently accomplished by basketball looked to us again and again for tax relief. It Let me contrast what we have learned teams in my district. On March 2, the Univer- is time to give them the results they deserve. about the President and Vice President with sity of Texas at Arlington wheelchair basket- We must provide for our current and future what is typical of a congressional office. In my ball team, the Movin' Mavs, captured their fifth homeowners. congressional office, I receive letters of praise National Intercollegiate Wheelchair Basketball f and letters of criticism. I do not send the let- Championship. They were the first wheelchair ters of praise over to my campaign office so basketball team to visit the White House. TRIBUTE TO JESSICA FRANK that funds can be solicited from those who I am also very proud of the Duncanville wrote. I receive an extra ticket to the State of High School's girls basketball team. The girls HON. ANNA G. ESHOO the Union address and to speeches by visiting team recently won their 18 State tournament OF CALIFORNIA heads of state to Congress. I do not auction title after finishing the season with a 38±0 IN THE HOUSE OF REPRESENTATIVES record. those off, but give them to my staff. When Tuesday, March 11, 1997 people ask to get on my schedule to talk Both of these extraordinary teams deserve about a political topic, I schedule the meetings both praise and national recognition of their Ms. ESHOO. Mr. Speaker, I rise today to for the coffee shop across from my district of- achievements. Each individual member of the honor Jessica Frank, a dedicated youth leader fice in California; in Washington, I schedule Movin' Mavs has waged a personal battle to who is being honored as an inductee into the them at the private Capitol Hill Club. I don't overcome disability and become a champion. San Mateo County Women's Hall of Fame. make fundraising calls from my congressional And the Duncanville team's incredible run of Jessica Frank is a recipient of the National officeÐand I don't know any Members of Con- 38 consecutive wins makes it a team for the Council of Teachers of English Writing Award gress who do. I know that Government loca- record books. and has won accolades from her teachers for tions are for carrying out the Nation's busi- My congratulations go to the 1996±97 UTA her creativity and determination. She has vol- ness, not for dialing-up contributors. So does ``Movin Mavs'' wheelchair basketball team: unteered as a teacher's aide with emotionally everyone with any ethical sense above numb- James Hayes, coach; Adrian Casell, manager; disturbed third and fourth graders, has tutored ness. Jackie Middleton, trainer; Javier Gonzalez, a runaway youth who speaks English as a That's why I found the Vice President's ex- Danny moor, Cezar Olivas, Enoch Ablorh, T.K. second language, and is a member of Moving cuse that he thought the law didn't apply to Dannelley, Takk Kerst, Jack Ricks, Jon On Racial Equality. Jessica has created him so bizarre. Rydberg; and to the 1996±97 Duncanville projects that combine community service and In his White House news conference, which High School girls basketball team: Sara social justice for her 400-member church some in the press called surreal, the Vice Hackerott, coach; Christie Sparks, assistant youth organization and helped renovate an el- President statedÐno less than seven timesÐ coach; Andrea Bentley, Kenya Larkin, Remy ementary school in a low-income area in San that counsel had advised him that ``there was McElroy, Dawn Owens, LaDonna Palmer, Francisco. She has organized and conducted no controlling legal authority'' showing him in Tanika Catchings, Shunda Murray, Portla a workshop on homelessness and spent last violation of the law. Lowe, Alana Griffin, Julie Jesperen, Angela summer tutoring on a Navajo reservation. She E430 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1997 is an inventive and committed community vol- extended family that now includes four grand- Mr. Speaker, it gives me great pleasure to unteer who gives generously of her time and children. rise today to congratulate the Laurel Rescue talents to help others. Mr. Steinborn touched so many with whom Squad on this great achievement and to wish Jessica Frank is outstanding citizen and I he has worked. His dedication to the high them continued success as they serve our salute her for her remarkable contributions ideals of our legal system and our democratic community and our State for many years to and commitment to our community. I ask my form of governance will surely serve as an im- come. colleagues to join me in honoring and con- portant example for the many who have gratulating her on being inducted into the San known and worked with him. It is my distinct f Mateo County Women's Hall of Fame. pleasure to recognize his many important con- f tributions to our State. Thank you, Mr. Speak- AUTOMOBILE INSURANCE er. TRIBUTE TO STANLEY D. f HON. PATSY T. MINK STEINBORN COMMENDING THE LAUREL OF HAWAII HON. LYNN N. RIVERS VOLUNTEER RESCUE SQUAD IN THE HOUSE OF REPRESENTATIVES OF MICHIGAN Tuesday, March 11, 1997 IN THE HOUSE OF REPRESENTATIVES HON. STENY H. HOYER Mrs. MINK of Hawaii. Mr. Speaker, I am in- Tuesday, March 11, 1997 OF MARYLAND troducing a bill to require notice to automobile IN THE HOUSE OF REPRESENTATIVES insurance policyholders before a paid up pol- Ms. RIVERS. Mr. Speaker, I am pleased to Tuesday, March 11, 1997 icy can be either canceled or renewal refused. take this opportunity to recognize the upcom- Many of my constituents without warning or ing retirement of Mr. Stanley D. Steinborn, the Mr. HOYER. Mr. Speaker, it gives me great for insignificant reasons are being cut off of deputy attorney general for the State of Michi- pleasure to rise today and recognize the Lau- automobile insurance coverage and with little gan. Mr. Steinborn's 34 years of government rel Volunteer Rescue Squad as they prepare time allowed to find another company. service with Michigan's Office of Attorney to celebrate their 45th anniversary on March My bill will require at least 180 days notice General reflect the commitment, talent, and in- 15 1997. The history of this rescue squad before a cancellation or decision not to renew tegrity he has brought to our State govern- dates back to 1952 and is filled with many sig- can take effect provided the premiums are ment. nificant and historic accomplishments which fully paid up and there is no court order can- Raised in Alpena, MI, the son of a brick- makes Laurel home to one of the most suc- celing the holder's driver's license. layer, Mr. Steinborn graduated from Michigan cessful and decorated rescue squads in the In many places in my district the only State University and obtained his law degree Nation. means of transportation is one's automobile. from Northwestern University in Chicago. He Since the first ambulance service and res- To have to drive without insurance coverage is voluntarily interrupted his education to serve in cue squad was formed in 1952, the citizens of a public hazard. People need to be told well the Korean war. He returned to Alpena to Laurel have always supported the men and women who are on the front lines of public in advance if a company is refusing to renew practice law, where he became friends with a safety every day. Additionally, the rescue or plans to discontinue coverage. recently settled local lawyer, Frank J. Kelley, squad has been at the forefront of teaching This is not interference with the company's who later became Michigan's attorney general. and developing heavy rescue techniques for right to decide who to cover or not cover. It is Mr. Steinborn joined Mr. Kelley in Lansing as the Maryland Fire and Rescue Institute and only a requirement of due notice. I urge my an assistant attorney general in 1963, and has the Prince Georges County Fire Department. colleagues to support this bill. served as chief assistant and deputy attorney However, the hard work and dedication of the general since 1973, overseeing a staff of 250 rescue squad has been felt well beyond the f lawyers. town limits of Laurel. They have provided The mark Mr. Steinborn has made on Michi- TRIBUTE TO CAROLYN NOBLES gan State government is reflected by the com- emergency care for five Presidents at their in- ments of so many who have worked with him. augural ceremonies and administered emer- Mr. Frank Kelley, who remains our Nation's gency care to Alabama Governor George Wal- HON. ANNA G. ESHOO longest serving State attorney general recently lace after the attempted assassination in Lau- OF CALIFORNIA said: ``Mr. Steinborn has had a long and distin- rel in 1972. They were also first on the scene IN THE HOUSE OF REPRESENTATIVES guished career as a public servant with the when my good friend, Congresswoman Gladys Tuesday, March 11, 1997 Office of Attorney General. He has been not Noon Spellman, fell ill. Mr. Speaker, one of the greatest legacies of Ms. ESHOO. Mr. Speaker, I rise today to only a colleague in law, but he has been my the Laurel Volunteer Rescue Squad has been honor Carolyn Nobles, a dedicated community friend.'' Mr. Steinborn's contributions are rec- its accomplishments in the international first leader who is being honored as an inductee ognized across party lines. Lucille Taylor, aid competition arena. Dating back to 1965, into the San Mateo County Women's Hall of Governor Engler's top legal counsel, has noth- both the men and women's teams have cap- Fame. ing but praise for Mr. Steinborn: tured the world championship in first aid and Carolyn Nobles has energetically and gener- I have worked very closely with Stan rescue competition on several occasions. Last ously served her community for many years. Steinborn during the past six years—some- She recently organized an effort to raise times on an almost daily basis. I respect the year, they surpassed all expectations, winning way he has performed his job. I have learned an unprecedented first and second place in $120,000 to build a playground in the North a lot from him, and I think he is an example the emergency medical technician competition. Fair Oaks community, and was a founding of committed civil servant—a person who is Mr. Speaker, from the beginning, this rescue member of the Probe Auxiliary, which raised really committed to his work and to the squad has excelled. They have seen a steady $100,000 to benefit children's programs in state. I admire him. If I ever had his job, I increase in membership, responsibility, and Redwood City. She was a founding member of would do it exactly like he has. expertise and it is my honor to be able to rec- Friends of Redwood City and Redwood City's Through the years, Mr. Steinborn has held ognize their many accomplishments as they Citizens against Racism, which sponsors firm to his ideals and convictions, while never celebrate their 45th anniversary. I commend scholarships for minority students attending losing sight of his priorities. Foremost in his the over 250 members of the Laurel Rescue CanÄada College. She has been honored by life is his family. He and his wife of 42 years, Squad who embody the dedication and com- the Sierra Club, Soroptimists International, the Annette, have raised four children whose cho- mitment that defines volunteer service. Volunteer Center, the Junior League, the Cali- sen careers mirror the values instilled in them John F. Kennedy once described the es- fornia State Assembly, the San Mateo County by their parentsÐa medical social worker in sence of public service as the following: ``The Board of Supervisors, and the Save San Fran- my district, a civil engineer employed by the energy, the faith, the devotion which we bring cisco Bay Association. State of California, an attorney in private prac- to this endeavor will light our country and all Mr. Speaker, Carolyn Nobles is an outstand- tice in Washington, DC, and a schoolteacher who serve it, and the glow from that fire can ing citizen and I salute her for her remarkable in the city of Detroit. It is a source of great truly light the world.'' I can think of no organi- contributions and commitment to our commu- family pride that all of the Steinborn's hold at zation which embodies the values of public nity. I ask my colleagues to join me in honor- least one degree from Michigan State Univer- service and volunteerism, and which lights our ing and congratulating her on being inducted sity. Mr. Steinborn and his wife no doubt will country every day, more than the Laurel Vol- into the San Mateo County Women's Hall of stay busy in the years ahead enjoying their unteer Rescue Squad. Fame. March 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E431 IN MEMORY OF REV. MAC dollars by preventing programs funded by the staff, including: Mr. Louis Martinez, president; CHARLES JONES Public Health Service block grants and others, Ms. Mary Ellen Nichols, executive assistant; such as Medicaid, Medicare, Indian health Ms. Diane Karp, vice president of fund raising; HON. KAREN McCARTHY care, the military health care system and the Mr. Bob Scott, director of the fund raising OF MISSOURI Federal Employee Benefit plans, from paying campaign; Ms. Colleen Gallagher, senior man- IN THE HOUSE OF REPRESENTATIVES for assisted suicide, euthanasia, or mercy kill- ager of the fund raising campaign; Ms. Janiece Cerjeski, campaign associate, Mr. Tuesday, March 11, 1997 ing. The bill does not affect a patient's right to Steve Hunter, campaign assistant; Mr. Alex Ms. MCCARTHY. Mr. Speaker, I rise today reject or to discontinue medical treatment. It Monanteras, vice president of finance and ad- to pay tribute to a nationally respected clergy- respects the wishes of the patient, and it re- ministration; Mr. Pat McNiece, director of infor- man, Rev. Mac Charles Jones. Reverend spects the sanctity of the doctor-patient rela- mation systems; Ms. Mariann Munro, manager Jones' untimely death is a loss for the Kansas tionship. It does not create any limitation re- of financial accounting and human resources; City community and the Nation. garding the withholding or withdrawing of med- Ms. Tracy Williams, finance assistant; Mr. Reverend Jones served as a deputy general ical treatment or of nutrition or hydration, nor David Sikes, director of allocations; Mr. Jerry secretary for the National Council of Churches does it affect funding for alleviating pain or Powell, director of labor and information and and was en route to a meeting of that group's discomfort for patients. referral; and Ms. Chelsea Stalling, director of racial justice committee when he died. He also In sum, the bill has the modest goal of marketing and communications. served as a member of the World Council of keeping the Federal Government out of the The mission of the Lake Area United Way is Churches central committee. business of assisted suicide. Mr. Speaker, I to bring together the resources of our commu- As an ordained minister in the National Bap- believe that we must be proactive in address- nity to assist people in helping themselves and tist Convention of America, Inc., he served as ing this issueÐrather than be forced to deal one another. The Lake Area United Way is an pastor of St. Stephen's Baptist Church in Kan- organization that strives for continuous im- with it after the factÐand that is what we hope sas City, MO. Because of Reverend Jones' provement in the quality of relationships with to accomplish with this legislation. one another, volunteers, and all individuals initiative and drive St. Stephen's was the an- I urge my colleagues to give this bill their and businesses in the community. The Lake nual host of the local celebration honoring the serious consideration and support. birthday of the Reverend Martin Luther King. Area United Way strives to achieve this goal f Reverend Jones was instrumental in conven- by treating all people in a courteous and pro- ing the 1993 National Urban Peace and Jus- TRIBUTE TO THE LAKE AREA fessional manner in order to instill confidence tice Summit at St. Stephen which drew more UNITED WAY and trust in their organization. Their hallmark than 100 current and former gang members is the delivery of timely, high-quality service by together to discuss improving inner-city condi- HON. PETER J. VISCLOSKY being accessible and responsive to ensure tions. satisfaction. At the same time, the organiza- OF INDIANA Last June, Reverend Jones organized a tion works hard to effectively communicate the group of clergymen, many from affected IN THE HOUSE OF REPRESENTATIVES appropriate information in order to achieve the churches, to meet with President Clinton, At- Tuesday, March 11, 1997 individual and organizational goals. The Lake torney General Reno, and Treasury Secretary Mr. VISCLOSKY. Mr. Speaker, the United Area United Way also strives to identify and resolve problems in a timely and satisfactory Rubin to focus the Government's attention on States has been built by great citizens who manner, while disseminating information about the arson fires at African-American churches. unselfishly dedicate their time to community the funded services that help people, as well His efforts played an important role in raising service and volunteerism. The Lake Area Unit- the national consciousness about this prob- as the places where help is available. ed Way and its volunteers have worked dili- Mr. Speaker, I ask you and my other col- lem. A noted evangelist, Reverend Jones was gently to assist those in need throughout Indi- an important leader in Kansas City. He made leagues to join me in commending these dis- ana's First Congressional District. The Lake tinguished volunteers and staff members of a difference in the lives of its residents. I ask Area United Way has organized a black tie the Lake Area United Way for their continuing the House to join me in expressing condo- fundraising gala in which all proceeds go to effort to improve the quality of life for Indiana's lences to his wife, Jannela, and his children benefit its umbrella organizations. This affair First Congressional District. In closing, I would Ayinde Jones and Lacey Jones. will take place at the Raddison Star Plaza in like to extend my congratulations to the Lake f Merrillville, IN on March 22, 1997. Area United Way, as well as best wishes for ASSISTED SUICIDE RESTRICTION This outstanding benefit would not take a successful gala on March 22. ACT place without devoted individuals to make the f event possible. These volunteers include: Mr. Vic DeMeyer, manager of Corporate TRBUTE TO MS. THALIA DONDERO HON. RALPH M. HALL Consumer & Community Development for the OF LAS VEGAS, NV OF TEXAS Northern Indiana Public Service Co.; Mr. Tom IN THE HOUSE OF REPRESENTATIVES McDermott, president of the Northwest Indiana HON. JOHN E. ENSIGN Tuesday, March 11, 1997 Forum; Mr. John Davies, senior team leader of OF NEVADA Mr. HALL of Texas. Mr. Speaker, I rise to the Northwest Indiana Forum; Mr. Norbert IN THE HOUSE OF REPRESENTATIVES call my colleagues attention to the Assisted Dreyer, area manager of Ameritech-Indiana; Tuesday, March 11, 1997 Mr. Jeff Fox, branch manager for Bank One, Suicide Funding Restriction Act of 1997, which Mr. ENSIGN. Mr. Speaker, I rise today to I am introducing in the House of Representa- Merrillville N.A.; Mr. John Gauder, director of pay tribute to Ms. Thalia Dondero of Las tives today. This bipartisan bill, which already marketing for U.S. Cable of Northern Indiana; Vegas, NV, who is being honored on March has 100 cosponsors, will prevent the use of Ms. Pat Giannini, community relations consult- 12, 1997, at the Bishop Gorman High School Federal tax dollars to subsidize or promote the ant for Amoco Oil Co.; Ms. Barbara Haas, Knight of the Gael. Throughout the years, this practice of assisted suicide. group vice president of consumer service for event has chosen to honor citizens who have A Wirthlin worldwide poll conducted last No- the Northern Indiana Public Service Co.; Mr. made outstanding contributions to the Las vember indicated that 87 percent of taxpayers Jim Hornak, president of the United Brother- Vegas community and to the State of Nevada. objected to their tax dollars subsidizing as- hood Carpenters & Joiners; Ms. Kaydell Knarr, During her tenure as a Clark County com- sisted suicide. The Supreme Court has heard administrator for the school city of Hammond; missioner, Ms. Dondero served three terms as arguments arising from Second and Ninth Cir- Mr. George Kuebler, public relations manager chairman of the board of county commis- cuit Courts of Appeals that ruled that assisted for St. Anthony Medical Center; Mr. Peter sioners. In addition, she was elected by her suicide is a constitutional right. Unless the Su- Manous, attorney-at-law for John M. Kopack & fellow commissioners to chair the University preme Court overturns these opinions, physi- Associates; Ms. Jan Moran, president of Medical Center Board of Trustees, the Liquor cian-assisted suicide could become a legal, Moran Designs Corp.; Mr. Daniel Root, gen- and Gaming License Board, the Kyle Canyon routine practice throughout our Nation, and eral manager for the Center for Visual & Per- Water District Board of Trustees, the Big Bend taxpayers could discover that they are funding forming Arts; and Ms. Delores Williams, assist- Water District Board of Trustees, and to serve assisted suicide, regardless of their conscien- ant vice president of Nursing for Northlake as president of the Las Vegas Valley Water tious objections to the practice. Methodist Hospital. District Board of Directors. She was also ap- The Assisted Suicide Funding Restriction In addition, this event could not be possible pointed as a member of the Las Vegas Con- Act of 1997 will preempt the use of taxpayer without the dedicated Lake Area United Way vention and Visitors Authority, the Regional E432 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1997 Planning Council, the Regional Flood Control nestled in the ``bosom of the one of those spa- TRIBUTE TO THE POLISH SINGING District, the Nevada Business Service Job cious coves which indent the eastern shore of CIRCLE Training Board, and the Equal Opportunity the Hudson . . .'' Board. The village of Sleepy Hollow is home to not HON. JACK QUINN Over the years, Ms. Dondero has been ap- only the great legend which Washington Irving OF NEW YORK pointed to numerous boards and committees IN THE HOUSE OF REPRESENTATIVES on the State and Federal level. Her guber- created, but also sites of historical significance natorial appointments include the Governor's such as Patriots Park where American patri- Tuesday, March 11, 1997 DUI Task Force, the Commission on Nuclear ots, during the Revolutionary War, captured Mr. QUINN. Mr. Speaker, I rise today to rec- Projects, the Nevada Energy Commission, the the British spy Maj. John Andre as he made ognize the Polish Singing Circle on the occa- Nevada Commission on Aging, the Tourism his escape after having been given the plans sion of its 100th Anniversary. Commission, the Nevada State Parks Board, to West Point by Benedict Arnold. Sleepy Hol- Founded in September of 1897, the Polish and the Nevada State Intergovernmental low is also home to the Sunnyside Estate Singing Circle was created to promote Amer- Board. At the request of the Department of which was the home of Washington Irving and ican and Polish culture through song. Agriculture, Ms. Dondero served as a member of Kykuit, home to four generations of the Throughout its 100 year history, the Polish of the National Forest System Law Enforce- Rockefeller family. Singing Circle has continued to exhibit a ment Advisory Council, and the Department of strong and dedicated commitment to the Pol- the Interior appointed her to the National Bu- The village of Sleepy Hollow, NY holds a ish community, the city of Buffalo, and to the reau of Land Management Committee. special place in the hearts of all Americans, spirit of community service and volunteerism Ms. Dondero's commitment to the commu- from young children enjoying the thrill of read- that has always been the hallmark of our nity is evident in her involvement as former ing Washington Irving's story for the first time, western New York community. executive director of the Frontier Girl Scout to the rest of us who appreciate the true cour- The Polish Singing Circle has helped raise Council, former president of the Nevada and age and sacrifices made by American patriots funds for charitable organizations such as the Clark County Parent-Teacher Associations, during the Revolutionary War. Therefore, I rise American Red Cross, the Immaculate Heart of and former chairman of the Council of Social today to pay tribute to the village of Sleepy Mary Orphanage, and the Villa Maria Acad- Agencies. She is an active member of an im- Hollow and the townspeople who worked so emy. pressive number of civic organizations includ- The commitment of service exhibited by this diligently to see this name change become a ing the Soroptomist Club, the Nevada Dance historic group has also been expressed Theater, the United Way Service, Inc., Rotar- reality. They have helped to preserve a piece through military service, as many members ian International, Opportunity Village, and the of American history and future generations of defended our Nation during times of war. And, Las Vegas Center for Children. Americans will be truly grateful for their efforts. in a great show of patriotism, members of the In closing, Mr. Speaker, I take this oppor- America Polish Singing Circle came home tunity to personally commend Ms. Dondero for f from war and dedicated their time to perform- her years of distinguished public service and ing for the injured veterans hospitalized in the dedication to both the Las Vegas community TRIBUTE TO LYNDA BURTON VA Medical Center. This unselfish gesture and the State of Nevada. Ms. Dondero exem- truly highlights the Polish Singing Circle's ex- plifies the virtue of service to others. I join all ceptional 100 year history. southern Nevadans in wishing her the best in HON. ANNA G. ESHOO Mr. Speaker, today I would like to join with her newest endeavor as a regent of the Uni- OF CALIFORNIA the group's members, and indeed, our entire versity and Community College System of Ne- western New York community, to honor the vada. IN THE HOUSE OF REPRESENTATIVES Polish Singing Circle on the occasion of its f Tuesday, March 11, 1997 100 anniversary. On behalf of the 30th Con- gressional District of New York, please accept SLEEPY HOLLOW Ms. ESHOO. Mr. Speaker, I rise today to my personal best wishes for another hundred. honor Lynda Burton, a dedicated community f HON. SUE W. KELLY leader who is being honored as an inductee LONG BEACH AUTHORS FES- OF NEW YORK into the San Mateo County Women's Hall of IN THE HOUSE OF REPRESENTATIVES TIVAL—A MODEL FOR OTHER Fame. CITIES TO FOLLOW Tuesday, March 11, 1997 Lynda Burton has served the community as Mrs. KELLY. Mr. Speaker: an attorney at the Legal Aid Society of San HON. STEPHEN HORN In the bosom of one of those spacious coves Mateo County since 1981, representing low-in- OF CALIFORNIA which indent the eastern shore of the Hud- come clients in family law, domestic violence, IN THE HOUSE OF REPRESENTATIVES son, at that broad expansion of the river de- landlord-tenant, and consumer protection nominated by the ancient Dutch navigators Tuesday, March 11, 1997 the Tappan Zee, and where they always pru- cases. She has made important contributions dently shortened sail and implored the pro- to the County Task force on Violence Against Mr. HORN. Mr. Speaker, I rise today to tection of St. Nicholas when they crossed, Women, the Family Law Center, Sor Juana honor the Long Beach Authors Festival. Cele- brating its 20th anniversary this year, this there lies a small market town or rural port, Inez, and the Center for Domestic Violence highly successful program was founded by which by some is called Greensburgh, but Protection. She gives generously of her time which is more generally and properly known Long Beach high school teacher Joan Han- by the name of Tarry Town.—Washington Ir- to Planned Parenthood and is a strong sup- sen. ving. porter of human rights in Latin America. She Ms. Hansen started by bringing authors on These immortal words penned by Washing- participated in the Fourth World Conference campus to speak and interact with students. ton Irving more than 150 years ago describe on Women in Beijing and has brought the Authors would describe the writing process a beautiful Hudson Valley village which I am news of this and many other important meet- and students became motivated to read the proud to represent in Congress. Now, how- ings to the Spanish speaking women of San author's book, leading to other books. From ever, Washington Irving's fiction has become Mateo County. She is an exemplary public this beginning, the program has grown to fact: the village of North Tarrytown, has been servant, dedicated to making our legal system reach every school in the Long Beach Unified renamed the village of Sleepy Hollow to rec- accessible and effective for the poor and dis- School DistrictÐevery child, from kindergarten ognize the importance that Washington advantaged. to 12th grade, is reached. To prepare for the Irving's story, ``The Legend of Sleepy Hollow,'' Authors Festival, teachers and librarians will plays in the annals of America literature. Mr. Speaker, Lynda Burton is an outstand- have devised reading and writing activities to In December of 1996 the village of North ing citizen and I salute her for her remarkable prepare their students: Reading their author's Tarrytown, NY, in the town of Mt. Pleasant, of- contributions and commitment to our commu- books, illustrating favorite scenes, outlining ficially changed its name to the village of nity. I ask my colleagues to join me in honor- questions to be asked, and writing poems or Sleepy Hollow. I rise today to pay tribute to ing and congratulating her on being inducted proclamations of welcome for their authors. the village of Sleepy Hollow and to recognize into the San Mateo County Women's Hall of This year, 104 authors are involved in the the truly historical nature of this village that is Fame. program, making a total of 118 visits to the March 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E433 school district. At the March 19 anniversary the Norwood Fire Fighting Company of Penn- Proving herself invaluable to the future of the celebration, 15 authors will be honored who sylvania. district, Joan soon became a full-time office have been with the program from the start. George is well versed in many different as- employee, artfully balancing her demanding They are: Caroline Arnold, Virginia Bradley, pects of police procedure, and has attended career with newborn twins. Terry Dunnahoo, Ella Thorp Ellis, John Gar- over 40 courses in police education. George Through 35 years and four locations, Joan diner, Laura Glusha, Marilyn Gould, Shirely was directly responsible for the training of worked tirelessly to deal with critical issues to Gordon, Monica Gunning, Betty Hager, Lael many officers in the use of police computers. the fast growing county. When the district of- Littke, Ed Radlauer, Ruth Radlauer, Susan The knowledge George passed on in his years fice's operations required expansion to a larg- Goldman Rubin, Alice Schertle, Yetta of service were essential to many law enforce- er location, most discounted the cause as Speevak, and Martha Tolles. ment officials, and helped them better serve hopeless, since the district could not borrow The Authors Festival is a model of an effec- the community. money. However, Joan did not give up, sub- tive collaboration with the public schools, the While on duty as a police officer, George mitting a proposal to the Board of Supervisors libraries, and public spirited community organi- often went above and beyond the call of duty. for the construction of a new building. At that zations. It is also an example of a true grass- During his years of duty George was person- time, the county planner gave Joan one sym- roots, low-budget program. Funding comes ally involved in rescuing individuals from four bolic dollar bill, with his hope that the building from local organizations and local arts coun- separate house fires. He received commenda- would one day become a reality. Thanks to cils. In Long Beach, the Public Corporation for tions for all of these rescues, as well as ob- the continued attention Joan gave to the prob- the Arts is a contributor. Every PTA organiza- taining an Outstanding Community Service lem, it remained on the front-burner, and tion in the district contributes to the festival, no award for life saving efforts in Norwood Me- eventually, Joan's impressive persistence paid matter how small the donation. Local families morial Park of Pennsylvania. off. With the approval of the State, the soil and host the authors overnight. Private schools George has often been acclaimed for his water conservation district building and learn- participate in the program as well. exemplary police service and hard work in the ing center was built. The new building is lo- The popularity and effectiveness of this pro- community. He received a letter of com- cated adjacent to a wetland, which serves as gram is beginning to spread. The festival has mendation from the Norwood Boys Club for a live learning center, accessible to the public, inspired others in the region, from Orange the arrest of four individuals that burglarized further promoting the district's purposes by County to Los Angeles County. The city of the club's storage facilities. He also obtained educating people about the interaction be- Downey will be hosting its Second Authors a letter of commendation for Cooperation and tween different aspects of our environment. Festival on April 15. In addition to each Assistance in Performing Police Duties from Joan has kept the dollar bill given to her by school's contribution, the Downey Unified the Norwood American Legion Post. Further- the City Planner framed in her office and la- School District provided an additional $200 to more, in 3 separate years George received beled ``The buck that built the building''; it is a each school to buy the authors' books. The from the Levan-Smith Rabley Veterans of For- symbol of the seemingly impossible tasks Downey Public Library also sells the books, eign Wars Post the ``Certificate of Appreciation which may be accomplished with hard work hosts the authors for book signings, and per- for Unyielding Adherence to the Highest Ideals and persistence. sonal autographs for the students, and facili- of Law Enforcement in Maintaining, Preserv- Mr. Speaker, my measure of a truly valuable tates one-on-one discussions with the new ing, and Protecting the Lawful Rights of All person and a great American is based upon fans. Citizens.'' the positive impact which an individual has on The Authors Festival is a winner of the pres- George has taken great pride in his years of his or her community. To me, Joan Wrigley tigious ``Golden Bell Award'' from the Califor- police and community service. Because of his epitomizes the foundation of this great Nation: nia State School Boards Association. Ms. efforts, and those such as him that are dedi- hard work, ingenuity, and a desire to protect Hansen, who in addition to founding the pro- cated to service, the communities of Penn- and give back to the world in which she lives. gram also chairs all the festivals, describes sylvania and the United States are better off. I ask all Members to join me in tribute to Joan this program as ``a meaningful bridge between Mr. Speaker, I know you and my colleagues and he outstanding record of public service of writer and reader, between the written word join me today in celebrating the many accom- this great American, and in wishing her all the and its audience, and between the creative plishments and achievements of officer best in her retirement. Although she will no urge, the finished product, and its young con- George Faulkner, and wishing him good luck longer be working at the soil and water con- sumers.'' in his retirement. servation district, Joan's legacy will remain for Mr. Speaker, this is a program of which f many years to come. every parent and child can be proud. I am f glad to wholeheartedly support it and the gift- TRIBUTE TO JOAN WRIGLEY ed authors who write to educate and inspire IN HONOR OF THE HONORABLE our children and who stimulate a child's love HON. GERALD B.H. SOLOMON WILLIAM ROSCOE KINTNER for books. I congratulate the Authors Festival OF NEW YORK on its 20th anniversary, and wish them many IN THE HOUSE OF REPRESENTATIVES HON. JON D. FOX more years of success. Tuesday, March 11, 1997 OF PENNSYLVANIA f IN THE HOUSE OF REPRESENTATIVES Mr. SOLOMON. Mr. Speaker, one of my TRIBUTE TO OFFICER GEORGE J. greatest privileges as a Congressman is the Tuesday, March 11, 1997 FAULKNER opportunity which I get to honor the invaluable Mr. FOX. Mr. Speaker, I rise today to honor individuals in my district whose contributions a great man who left his Montgomery County, HON. CURT WELDON to their community improve the quality of life Pennsylvania community to serve the people OF PENNSYLVANIA of their neighbors every day. Today I am af- of the United States in a variety of capacities. IN THE HOUSE OF REPRESENTATIVES forded just such an opportunity, as I bring your Dr. William Kintner was a patriot in the full attention to the remarkable career of Joan sense of the wordÐa man who lived by the Tuesday, March 11, 1997 Wrigley, who will retire on April 15, 1997 from motto of the U.S. Military Academy from which Mr. WELDON of Pennsylvania. Mr. Speaker, her position as the district manager at the Co- he graduated, ``duty, honor and country.'' Born I rise today to honor and pay tribute to a man lumbia County Soil and Conservation District. in Loch Haven, PA on April 21, 1915, the who has devoted much of his life to helping When Joan began working at the district office eighth child in a family of nine. Soon his family and improving the lives of others through dedi- 35 years ago, no one had any notion of the moved to Johnstown, PA where his father, a cation to police service and his community. profound impact she would have on the pro- successful lawyer, was very involved in local After many years of service, George J. Faulk- gram's evolution. Joan began as a part-time politics and served as district attorney. ner retired from the Norwood Police Depart- employee, hired to answer the telephone, take The stock market crash of 1929 changed ment in late December, 1996. shorthand, and color soil maps. However, her the lives of the members of the Kintner family For 30 years officer Faulkner was a key creativity and ingenuity could not be contained and, because of a lack of funds for college, leader in local law enforcement and the sur- for long. Inspired to help further the district's Bill Kintner spent a year after his high school rounding community. George fully committed programs, Joan became increasingly inter- graduation in 1932 working in New York City himself to police service, and received many ested and involved in the projects, often com- as a typist while earning money for the Acad- commendations. In addition, George served as ing up with ideas to improve operations and emy of the New Church College. It was at this a volunteer fire fighter for over 33 years for increase the success of the undertakings. time he learned to appreciate the value of E434 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1997 life's necessities. He finished Junior College at Bill Kintner's final publication, completed last ity to uncover these bureaucratic excesses the Academy in 1935 and entered the U.S. November, is titled ``The Role of Ancient Israel and explain them in plain English. One of his Military Academy the next year. He graduated `Written With The Finger of God' '' with a sub- recent columns entitled ``Hummingbirds and in 1940, the same year he married Xandree title: ``A Swedenborgian Perspective on the Other Prey of the EPA'' began by asking the Hyatt with whom he would raise their four chil- History of the Israelites from Abraham to following question. ``What do rescuing hum- dren, three daughtersÐKay, Jan and GailÐ Jesus.'' This book was his way of expressing mingbirds, owning leaky plumbing, getting lost and a son, Carl. Today, there are 15 grand- his life-long dedication to the church he loved. in the wilderness, and smuggling refrigerator children, 2 great grandchildren in the Kintner We see in the life of Bill Kintner a model of coolants have in common?'' clan. After Xandree died in 1986, Bill met and dedication to the affairs of state. His was a This column, which appeared in the Feb- married Faith Childs Halterman who worked steady pursuit of peace on Earth. Through the ruary 28, 1997 edition of the Washington with him and tenderly cared for him during his experience of war, he sought peace. His faith Times, cited specific horror stories involving final illness. bestows blessings on the peacemakers calling how Federal agencies dealt with all these That is his family history, Mr. Speaker, but them ``the children of God.'' But he knew that items. I urge my colleagues to read this well- as I have said, Bill Kintner was a patriot in peacemakers must often engage in war to written column by Dr. Alston Chase. every sense of the word. Patriotism is not just make true peace possible as was the case [From the Washington Times, Feb. 28, 1997] a matter of flag waiving or doing one's duty by when he battled the Third Reich and Nazi tyr- HUMMINGBIRDS AND OTHER PREY OF EPA voting. Patriotism is an attitude of life. It is anny. The family and friends of Bill Kintner will (By Alston Chase) measured by our willingness to sacrifice and remember him, not just as a friend, or father, Question: What do rescuing hummingbirds, give of ourselves for the common good. By or loved one, not just for his thoughtful com- owning leaky plumbing, getting lost in the that barometer, Bill Kintner was an extraor- mitment to world affairs, not just for his many wilderness, and smuggling refrigerator cool- dinary patriot. ants have in common? accomplishments, but for his courage in seek- Answer: They’re all crimes against nature, At noon on June 6, 1944, then Major ing peace, for his dedication to duty, honor, Kintner landed with the allied troops at Omaha punishable by stiff fines or imprisonment or and country. both. And if one federal agency has its way, Beach as part of the Normandy Invasion. He We will all miss him. survived the shock of death all around him in our jails may soon be filled with folks who f have committed equally harmless offenses. that bloody invasion and wondered where God As to hummingbirds, last fall one of these would take him after sparing his life. Bill TRIBUTE TO EUGENIA CHEN creatures, having summered around Billings, Kintner served his Nation again in Korea as a Mont., didn’t migrate south as it should Battalion Commander and Regimental Execu- HON. ANNA G. ESHOO have. Bad decision. Probably, it had been surprised by the sudden cold snap that made tive of the 17th Infantry, 7th Division during OF CALIFORNIA that autumn the second most frigid on the battle of Pork Chop Hill. In 1961, now IN THE HOUSE OF REPRESENTATIVES Colonel Kintner retired from the military. While record. Whatever the reason, a kindly couple in the service in 1948, he earned his Ph.D. Tuesday, March 11, 1997 found the shivering bird and took it to Jill Ms. ESHOO. Mr. Speaker, I rise today to Herzog, owner of a local bird store. Miss from Georgetown University. His graduate the- Herzog was making arrangements to ship it sis, published under the title ``The Front Is Ev- honor Eugenia Chen, a dedicated young lead- south when officials of the U.S. fish and erywhere,'' was his first of many books he au- er who is being honored as an inductee into Wildlife Service knocked at her door. thored. This and his subsequent books earned the San Mateo County Women's Hall of Fame. Release the bird immediately, they told him wide respect in the field of foreign affairs. Eugenia Chen is an exemplary student who her, or pay a $10,000 fine. So, release it she While in the military, Bill's assignments sent has taken the most rigorous academic pro- did. By this time it was January, and out- him around the world many times over and he gram at Mills High School, achieving first door temperatures hovered around 18 below place in her class of 327 students and being zero. End of hummingbird. became more and more involved in our Na- As to the other criminals: tion's foreign affairs. His final assignment was honored as a National Merit semi-finalist. She In November, a New York court convicted as Chief of Long-Range Plans for the Strategy serves her school and her fellow students as Kent and Glenda Druell of 164 counts of pol- Analysis Section Coordination Group serving student body president, is an accomplished lution. The couple, who are of modest means, the Chief of Staff of the U.S. Army. musician playing both piano and flute, and face $32.6 million in fines and 1,000 years in Upon leaving the service, he became a pro- was chosen most valuable player in tennis prison. Their crime? Owning a leaky septic fessor of political science at the University of and badminton. Eugenia has been chosen Na- system. The case is on appeal, as the state Pennsylvania, retiring as professor emeritus in tional Youth Ambassador for the Organization never adduced a shred of evidence to show 1985. While at the University, he also served that this effluent was contaminating state for Chinese-Americans and will travel across waters, as charged. as deputy director and then director of the the country, representing Chinese-American In December, race car driver Bobby Unser Foreign Policy Research Institute and as edi- youth. She was elected Supreme Court Jus- got lost in a blizzard when snowmobiling in tor of ORBIS. At the same time, he worked for tice at last summer's Girls' State, and is serv- Colorado. While trying to find his way, he President Richard M. Nixon on the team which ing as an intern with the San Mateo County accidentally strayed a half-mile into federal wrote the President's famous Checkers Board of Supervisors. She is an extraordinary wilderness. For this offense, the U.S. Forest Speech. President Nixon sent Bill Kintner on a student and athlete, and gives generously of Service brought charges against Mr. Unser secret assignment to pave the way for the that carry a $5,000 fine and a six-month pris- her time to her community. on term. President's historic visit to China in 1972. The Eugenia Chen is an outstanding citizen and Then, there’s the case of the banned cool- next year, Nixon appointed him Ambassador I salute her for her remarkable contributions ant. In January, federal authorities brought to Thailand, a post he held for 2 years. and commitment to our community. I ask my charges against several people and busi- Many great men and women of our time colleagues to join me in honoring and con- nesses for smuggling the refrigerant Freon have known and respected Bill Kintner. gratulating her on being inducted into the San into the United States. Relying on what Among them are Henry Kissinger, Secretary of Mateo County Women's Hall of Fame. many scientists believe is a flawed theory claiming this substance causes stratospheric State under President Nixon; President Dwight f Eisenhower; General Alexander Haig; former ozone depletion, the government forbids its United Nations Ambassador Jean Kirkpatrick; HUMMINGBIRDS, LEAKY manufacture or import. Yet since millions of PLUMBING, AND WILDERNESS air conditioners cannot run without it, Yitzhak Rabin, the Prime Minister of Israel prices are skyrocketing, which leads to wide- who was assassinated during his quest for spread smuggling. peace, and former Vice President Nelson HON. DON YOUNG And lest you think that’s the end of the Rockefeller. OF ALASKA matter, Freon substitutes—so-called In 1986, President Ronald Reagan ap- IN THE HOUSE OF REPRESENTATIVES HCFCs—which are currently being installed pointed him to the U.S. Peace Institute which in new car air conditioners, are slated to be is a think tank recommending solutions to con- Tuesday, March 11, 1997 banned by the year 2020, thus promising to flicts before they grow into large-scale warfare. Mr. YOUNG. Mr. Speaker, hardly a day generate another lucrative illegal trade goes by without hearing about some out- when supplies run out. In 1989, he was appointed by President Bush Notice the pattern? Each year, the list of to the President's Commission on White rageous ruling by a Federal agency that defies eco-crimes gets longer. Each year, more erst- House Fellowships. common sense and victimizes average citi- while law-abiding behavior is declared ille- This was a long and impressive career in zens. gal. Each year, environmental agencies ex- service to the nation he loved, the career of a Syndicated columnist and environmental tend their police powers. Each year, Ameri- patriot. scholar Dr. Alston Chase has an uncanny abil- cans lose a little more liberty to laws that March 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E435 don’t protect plants and animals but do put Nation. With his steady guidance and strong victory garden, worked in a munitions factory, people at risk. leadership, Milwaukee's Jewish community went to work to support a family, or played This process proceeds by such incremental has emerged as a powerful voice in Milwau- both mother and father to a family growing up, steps that few take notice. But it continues as you read this. Consider regulations cur- kee. they kept our Nation running in times of war. rently proposed by the Bureau of Land Man- We are surrounded by global conflicts, and Their contributions created a strong backup agement: the path to the peace is often a difficult road system to those engaged in combat and in Two days after last November’s general to travel. Yet we are constantly reminded of service to our Nation. Their ideals of service election, the bureau published in the Federal the necessity to pursue peace. Mr. Lee, with are upheld through their auxiliaries, which are Register rule changes for law enforcement. his dedication to the Middle East peace proc- the sinew that binds a veterans post together. These revisions are touted as merely stylis- ess, has been a voice of stability when many For nearly 40 years, Jacqueline Alex has tic, as only rephrasings couched in ‘‘plain had doubts about advancing peace in the re- served our Nation and its veterans honorably. English’’ to help ordinary citizens under- I am pleased to join with her sons, grand- stand them. But actually, that’s a deception. gion and almost everyone had different ap- Under the guise of simplifying law, the bu- proaches. children, colleagues, and friends in a deep reau is pursuing vast extensions of its police When someone leaves a post of impor- and heartfelt salute of gratitude. powers. tance, it is often said that his or her shoes will f The proposed regulations would be hard to fill. But I can say without hesitation criminalize thousands of minor offenses that that, in Mordecai Lee's case, this is an under- HONORABLE MENTION AWARDED previously were not deemed criminal. They statement. In addition to his excellent work on BY READING IS FUNDAMENTAL would give bureau police unparalleled au- behalf of Milwaukee's Jewish community, his thority of arrest, search and seizure. They HON. PAUL E. KANJORSKI would extend federal enforcement to sur- influence has been felt far and wideÐfrom the OF PENNSYLVANIA rounding private properties. They would leaders of nations abroad, to college freshmen raise the maximum punishment for viola- in Milwaukee. IN THE HOUSE OF REPRESENTATIVES tions from $1,000 to $100,000 and authorize bu- Indeed, we need more people with his vi- Tuesday, March 11, 1997 reau agents to enforce not only their own sion and energy to tackle the vast challenges Mr. KANJORSKI. Mr. Speaker, I rise today rules but all other local, state and federal we all face. Mr. Lee will continue his distin- to congratulate Abigail Bauman, a 7-year-old laws as well. guished service to the people of Milwaukee as second grader in Sciota, PA. Abigail is a stu- And they redefine guilt. No longer would an assistant professor of governmental affairs ignorance of the law be an excuse. Instead, dent at Hamilton Elementary in Sciota. at the University of Wisconsin-Milwaukee's Di- one could be declared criminally responsible Abigail was one of 41 honorable mentions in for breaking a rule few ever heard of. vision of Outreach and Continuing Education this year's poster contest sponsored by Read- Thus, individuals could go to jail for vio- Extension. Mordecai Lee deserves our heart- ing is Fundamental [RIF]. Abigail's poster was lating ‘‘any regulation, authorization or felt thanks for his years of dedicated service chosen out of over 300,000 entries. order’’—such as walking a dog in a recre- as executive director of the Milwaukee Jewish The theme of this year's National Poster ation area without a leash, not wearing a Federation and our best wishes for the future. Contest was ``Read! Imagine!'' Abigail's poster seat belt, failing to display a state inspec- f tion sticker on one’s car or entering ‘‘wilder- showed a tremendous effort to display this ness areas without a permit, where permits JACQUELINE ALEX message to the youth of America. Her efforts are required by BLM.’’ in this endeavor earned her a commemorative The bureau has set a March 7 deadline for certificate along with a dictionary and gift receiving public comments on these provi- HON. MARCY KAPTUR books. sions. And on March 20, the House Sub- OF OHIO In this year's State of the Union Address, committee on Parks and Public Lands will IN THE HOUSE OF REPRESENTATIVES President Clinton touched on the importance hold hearings on them. Let’s hope Congress can stop this power Tuesday, March 11, 1997 of literacy in America. Teaching children to grab. Otherwise, those who hike in wilder- Ms. KAPTUR. Mr. Speaker, I rise today to read at a young age, and getting them inter- ness may discover the greatest dangers they recognize Jacqueline Alex of Oregon, OH, in ested in books is fundamental to improving lit- face are neither bad weather nor grizzly my district. Mrs. Alex is the National Catholic eracy in the United States. Using posters as a bears but green police, and that their most War Veterans Auxiliary president, and is being tool to achieve this is a creative vehicle to do essential survival tool is neither tent nor so, avidly conveyed through Abigail's drawing. cook stove but a copy of the Federal Code of honored for her work with a testimonial dinner on March 8, 1997. It is essential for our children to read and Regulations. love books if they are to compete, as well as f Jackie and her husband, John, were mar- ried in 1947. Together they raised two sons, excel in tomorrow's world. The key to the high IN TRIBUTE TO MORDECAI LEE James and John. Her husband passed away paying jobs and opportunities of tomorrow is only 10 years later, in 1957. A year later, for each and every American citizen to be able Jackie joined the Toledo LogsdonÐWalla to read. HON. THOMAS M. BARRETT Aibigail's colorful poster helps to make read- Catholic War Veterans Post 639 Auxiliary, OF WISCONSIN ing more fun and interesting for elementary serving the auxiliary in every capacity. She IN THE HOUSE OF REPRESENTATIVES school children. I contgratulate her on using was elected auxiliary president several times art to communicate such an important mes- Tuesday, March 11, 1997 through those years, and in 1971 Jackie was sage. Mr. BARRETT of Wisconsin. Mr. Speaker, it named president of the Department of Ohio's is an honor and a privilege for me to pay trib- Auxiliary. She began her service with the Na- f ute today to one of the most respected com- tional Department in 1985, and served as the HONORING SUSAN RICHTER munity leaders in my hometown of Milwaukee, president of the 1995 Auxiliary National Con- WI: Mordecai Lee. vention. HON. ED WHITFIELD The name Mordecai Lee has long been as- Her tireless efforts have been recognized by OF KENTUCKY sociated with excellence and one of our high- the organization, and Mrs. Alex has been IN THE HOUSE OF REPRESENTATIVES est standards of civic pride. Mordecai Lee is awarded numerous honors: the National Auxil- moving on from his position as executive di- iary President's Gold Medal Award For Out- Tuesday, March 11, 1997 rector of the Milwaukee Jewish Council for standing Service; the Ohio Auxiliary Presi- Mr. WHITFIELD. Mr. Speaker, every day it Community Relations after 6 years of out- dent's Award; the Ann Senft Award For Meri- seems as if we pick up a newspaper or turn standing service to the people of Milwaukee. torious Service to the Auxiliary; the National on the evening news and hear about the trou- Mr. Speaker, our communities and our Auxiliary's St. Agnes Medal; Department of bles of our young people. Critics argue they country have always relied on the contribu- Ohio Auxiliary 1988 Woman of the Year; and are disengaged with school, disinterested in tions of those individuals who have the ability a citation for meritorious service from the their communities, and disinclined to become to rise above and beyond the call of duty to Chapel of Four Chaplains in Gettysburg. productive citizens of our country. make a difference in the lives of others, both Our Nation pays tribute to its veterans in Not everyone agrees with this dismal view personally and professionally. Mordecai Lee various ways, but often overlooked in such of our Nation's youth. Each year the Veterans has demonstrated an unfailing and tireless recognition is the role of women, wives, and of Foreign Wars of the United States and its commitment to the betterment of Milwaukee families who served here on the homefront. Ladies Auxiliary sponsor the Voice of Democ- County, the State of Wisconsin, and the entire For whether they bought war bonds, planted a racy audio-essay scholarship program. This E436 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1997 program was started in 1947 by the National changes have been made recently, and most ability of the amateur radio community and Association of Broadcasters, the Electronic In- have happened with little turbulence, other continue to save the FCC and the Federal dustries Association, and the State Associa- than perhaps a peaceful protest march, or Government time and money that would other- other such means allowed by the Constitu- tion of Broadcasters. Since 1961±62, the Vet- wise need to be expended. tion. Also, democracy allows for the peaceful Thank you, Mr. Speaker, and I urge my col- erans of Foreign Wars has been the sole change of political leaders. Free elections sponsor of the program with over 5,200 VFW are held when time for the transfer of power, leagues to support this worthy legislation. posts and 4,200 auxiliaries participating. The and the people vote upon who should next re- f program requires high school entrants to write ceive the responsibility of representing them TRIBUTE TO THE SPRINGFIELD in government. This power of the people en- and record a 3 to 5 minute essay on an an- LIONS CLUB nounced patriotic theme. This year, more than sures that they can make decisions peace- 109,000 secondary school students partici- fully. In a country founded on war, this as- surance of peacefulness is a key to a bright HON. RICHARD E. NEAL pated in the contest competing for 54 national future. scholarships. The contest theme was ``Democ- OF MASSACHUSETTS Another way democracy will take us be- IN THE HOUSE OF REPRESENTATIVES racyÐAbove and Beyond.'' yond is due to its practically. Generations to I rise today to honor Susan Richter, a senior come will be able to follow in our democratic Tuesday, March 11, 1997 at Calloway County High School in Murray, footsteps, just as we have been following our Mr. NEAL. Mr. Speaker, it gives me great KY, who won the 1997 Voice of Democracy ancestors’ paths as far back as the founding joy to extend my congratulations to the Spring- broadcast script writing contest in Kentucky. days. Why? Because democracy is easily ap- field Lions Club, one of the most prestigious Susan is the youngest child of Fred and Mar- plicable to a daily life. The process of elect- organizations in my district, who will celebrate garet Richter of Murray, KY. She hopes to at- ing officials and making decisions based their 50th anniversary on March 29, 1997. upon majority vote can be seen from the cap- tend Transylvania University in Lexington, KY, ital to the classroom. The right to ‘‘Life, With this in mind, I take this opportunity to where she plans to pursue a degree in radio/ Liberty, and the Pursuit of Happiness’’ is enter the history of the club into the CONGRES- TV broadcasting. something not just penned in the Constitu- SIONAL RECORD. In addition to participating in essay contests, tion, but is also a motto for daily life. The In the Spring of 1947 a member of the Susan keeps busy at Calloway County High ability to still apply democracy some 2,600 Springfield Lions Club invited a group of men School with a full plate of activities. She is the years after its origin in Greece only stands from Sixteen Acres to a meeting in the old news anchor of the morning show on WCSD± as proof that it is a form of government sta- brick schoolhouse on the corner of Parker St. TV 28, a school-run local cable channel, and ble enough to lead us beyond the realms of and Old Acre Rd. At the meeting he described an officer in the Student Council, the Co-ed Y today and into tomorrow. the purpose of a Lions Club and what being In conclusion, democracy is both a form of a member would entail. Fifty-three men signed Club, the Beta Club, and the Foreign Lan- government and an ideal. Our country has guage Club. Outside of school, she enjoys been built and has grown as a result of this up that day and a Lions Club was formed in playing the piano, reading, and working on her plan we call democracy. I believe that de- Sixteen Acres. computer. mocracy is a way of life above and beyond The Sixteen Acres Lions Club was orga- Please allow me to share with you Susan's any other man-made plan, and I am proud nized April 25, 1947 and was chartered June award-winning essay, which appears below. our country subscribes to this mode of self- 18th. Charter Night was held at Belli's with ‘‘DEMOCRACY—ABOVE AND BEYOND’’ government and equality for all. many members from other Lions Clubs in at- Democracy is a general term used to de- f tendance. scribe both a form of government and an Meetings were held for a short time in the ideal. Throughout the years, our country has INTRODUCTION OF THE AMATEUR schoolhouse with a caterer providing the thrived on the idea of creating a more per- RADIO VOLUNTEER SERVICES meals. The meetings were later held for long fect union through the means of a plan ACT OF 1997 periods in Belli's and Foster Memorial Church known as democracy. I believe democracy is and for brief periods at various area res- a superior way of life and I believe that it HON. ANNA G. ESHOO taurants. While meeting in the original Foster will help carry our nation onward to meet its Church building the members meals were pre- most fantastic goals. OF CALIFORNIA pared by their wives at home and then Democracy is often referred to as ‘‘rule by IN THE HOUSE OF REPRESENTATIVES brought to the meeting. Meetings are not held the majority.’’ However, another phrase I prefer seems to more clearly define democ- Tuesday, March 11, 1997 at Church in the Acres. racy. It relates that democracy is the ab- Ms. ESHOO. Mr. Speaker, I rise today to When the Club was formed a public dump sence of hereditary class distinctions or announce the introduction of the Amateur existed where Duggan Jr. High now stands. Many people apparently found it more conven- privileges. In other words, democracy allows Radio Volunteer Services Act of 1997. Similar for any person, regardless of age, race, gen- ient to dump their rubbish at the side of the to a unanimously accepted amendment I of- der, or social status to have his say in the road. Under pressure from the Lions Club they fered last year to the FCC reauthorization bill workings of our country. According to Rob- had the rubbish removed. ert Hutchins, ‘‘Democracy is the only form in the Commerce Committee, this bill would In the 1950's the club purchased a motion of government that is founded on the dignity help protect the personal liability of volunteer picture projector and screen and for several of man, not the dignity of some men, of rich amateur radio operators while performing du- years movies were shown on Saturday after- men, of educated men, or of white men, but ties on behalf of the Federal Government. noons in an upstairs room of the old school- of all men.’’ I agree with this statement and Amateur radio operators are self-regulated, claim this type of equal dignity and rep- house. the purpose was to give the younger with volunteer operators monitoring the air- children a place to go during the winter resentation to be a major reason why democ- waves for violations and administering licens- racy is a form of government above the rest. months. A charge of ten cents was made to Also, democracy is superior for its empha- ing exams. This volunteer corps saves count- help defray the cost of the film. It should be sis on individual freedom. As a general rule, less hours of staff time and resources for the noted, however, that no child was turned away it allows persons both the right and the re- Federal Communications Commission [FCC]; due to lack of a dime. sponsibility of shaping their future. Each however, because they are not Federal em- The Lions Orthoptic Clinic was originated in person is allowed to make his own choices, ployees, they put their personal assets at risk 1951 by the late Russell Koch, a past presi- both in life and in governmental issues. How- in the event of actions taken against them as dent of the Sixteen Acres Lions Club, who, ever, not only is one given the ability to do a result of their volunteer service to the Gov- so, he also has a responsibility both to the with the approval of the club, enlisted the aid government and to himself to carry out his ernment. of other clubs in the district to get it organized. decisions. This individual freedom is nec- It is simply unfair that these volunteers who The clinic offers treatment of eye problems essary for a democracy and is another reason are saving the Government time and re- which have been referred to local ophthalmol- why democracy is a step above the rest. sources should have to risk their personal as- ogists. A charge is made according to the pa- However, not only is democracy an excel- sets in carrying out their service. The Amateur tients ability to pay. lent program for the present, it is also a Radio Volunteer Services Act would classify A sport program was organized under the bright path into the future, a yellow brick those individuals donating their time and ex- direction of Fred Hoarle. He was successful in road to tomorrow. One feature of democracy that will help pertise to maintaining the quality of the ama- developing a number of teams and getting lead to a prosperous future is its ability to teur radio airwaves as Federal employees only area men to coach them. The program was ensure peaceful change. Democratic methods for the purpose of actions taken against them expanded to include soccer, softball, and bas- for making changes negate the need for vio- in the performance of their duties as self-regu- ketball as well as the baseball teams. For sev- lent uprisings. Many economic and social lators. This action will ensure the continued vi- eral years the club held a soccer tournament March 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E437 on Memorial Day weekend attended by soccer Over the course of his career, Jack has be- TRIBUTE TO LILLIAN HECKER teams from as far away as Virginia. come one of the most highly respected and FREED For 17 years the club has given food bas- admired people in the labor relations field. The kets to families at Christmas time. A week's fact that both advocates for both labor and HON. ANNA G. ESHOO food supply plus small toys for children are in- management frequently call for his advice and OF CALIFORNIA cluded in these baskets. For the past several counsel, speaks volumes about his reputation. IN THE HOUSE OF REPRESENTATIVES years money for this has been raised by sell- Everyone who knows Jack seems to recall Tuesday, March 11, 1997 ing raffle tickets for a gift certificate for food at one thing in particular when asked about him a local market. It has been extremely success- and his career. They recall his integrity and Ms. ESHOO. Mr. Speaker, I rise today to ful and appreciated venture. sense of fairness. They also talk about Jack's honor Lillian Hecker Freed, a dedicated com- The club has also sponsored glaucoma and commitment to settling disputes and bringing munity leader who is being honored as an in- diabetes testing clinics, paid for eye examina- sides together. Under his leadership, the ductee into the San Mateo County Women's tions and eye glasses for needy families and board has boasted an 87-percent settlement Hall of Fame. supported eye research, emergency sight and rate for the 1,000 cases they handle per year. Lillian Hecker Freed has been a champion hearing fund, LCIF and various other projects. I have been told that as word of Jack's re- for those less fortunate and a political activist It has sponsored community events like the tirement made its way through the State, ev- since she was a teenager. She became her Fourth of July and Halloween parades and eryone who heard asked ``What are we going employer's first female departmental super- parties, Easter egg hunts, pancakes and spa- to do without Jack?'' What is absolutely clear visor in the 1950's, and was a leader in her ghetti suppers, tag sales, dances, light bulb is Jack's commitment to doing his job well so company, encouraging and assisting other sales and many other house to house sales. that both labor and management come out women. She was a peace activist during the In 1986 the club embarked on a new fund- ahead. Vietnam war and led union opposition to racial raising project. After many years of work by I am proud to join the entire labor commu- discrimination in San Francisco. Lillian Hecker many members, L'il Toot was completed. L'il nity in congratulating Jack as he retires. He Freed is now 80 years of age, and gives gen- Toot is a locomotive train with two passenger has continually demonstrated his commitment erously of her time and talents to the San cars which can be rented out to provide rides to service. He should take great pride in this Mateo Central Labor Council, the Yerba for children at fairs and carnivals. To date suc- moment and enjoy a much deserved tribute. I Buena Center for the Arts, the Contra Costa cess seems assured. know that he will continue to do great things Hills Conservation Club, the Peace Action As- The Sixteen Acres Lions Club is proud to in his retirement. I wish him many years of sociation, the Talmalpais Conservation Club, have four of its members elected district gov- good health and happiness. He truly deserves and the California Alpine Club. She is presi- ernor. Robert Scott, Fred Hoarle, John Ingalls it. dent of the Federation of Retired Union Mem- and Richard Leary have each served as a dis- bers and continues her valiant fight for social trict governor and are held in high esteem by f justice. their associates. Mr. Speaker, Lillian Hecker Freed is an out- The success of many projects was due to KILDEE HONORS PAULINE PRYOR standing citizen and I salute her for her re- the dedication and hard work of its members. markable contributions and commitment to our I wish to commend the Springfield Lions HON. DALE E. KILDEE community. I ask my colleagues to join me in Club for their vital role in the Springfield area. OF MICHIGAN honoring and congratulating her on being in- The achievements of these men are a tremen- IN THE HOUSE OF REPRESENTATIVES ducted into the San Mateo County Women's dous source of pride for not only the city of Hall of Fame. Springfield but the entire Second Congres- Tuesday, March 11, 1997 f sional District. I am honored to represent such Mr. KILDEE. Mr. Speaker, it is my pleasure outstanding individuals and I join with the citi- to rise before my colleagues in the U.S. REMEMBERING THE RAJAH zens of the Second Congressional District in House of Representatives to pay tribute to an offering a most heartfelt congratulations. outstanding woman from my hometown of HON. JULIA CARSON f Flint, MI, Ms. Pauline Pryor who is retiring OF INDIANA from the Flint Branch of Michigan National IN THE HOUSE OF REPRESENTATIVES DELAURO HONORS JOHN KINGSTON AS HE ENDS OVER 25 YEARS OF Bank after 33 years of service. Ms. Pryor has Tuesday, March 11, 1997 SERVICE ON THE CONNECTICUT served as the assistant vice president of the Mrs. CARSON. Mr. Speaker, Indianapolis BOARD OF LABOR RELATIONS Community Development Office for the past lost one of its outstanding citizens last Tues- 10 years. day. He was Roger Brown, the first player HON. ROSA L. DeLAURO As the assistant vice president of the Com- ever signed to the Indiana Pacers and a pillar munity Development Office, Ms. Pryor's pro- of the Indianapolis community following his OF CONNECTICUT fessionalism and integrity were instrumental in IN THE HOUSE OF REPRESENTATIVES basketball career. securing many of the much needed invest- A graduate of the University of Dayton, Mr. Tuesday, March 11, 1997 ments in the Flint community. Ms. Pryor be- Brown was the third all-time leading scorer for Ms. DELAURO. Mr. Speaker, on April 1, lieved in the need to rebuild our city through the Pacers, scoring 10,058 points over his ca- 1997, John Kingston is retiring from the Con- new opportunities in jobs and housing. It is a reer in the American Basketball Association. necticut State Board of Labor Relations. I am privilege to know such a dedicated, active, Had it not been for a gambling scandal during pleased to rise today to commend Jack on a and concerned human being as Ms. Pryor. his college career, which he was cleared of, great career in State service and an outstand- Ms. Pryor is also an active member of the Roger (The Rajah) Brown would be in basket- ing tenure with the Connecticut State Board of Foss Avenue Baptist Church in Flint. Through ball's Hall of Fame. Labor Relations. her volunteer work with her church, she con- Those who saw him play consider him one For more than 25 years, Jack has served as tinues to promote the prosperity of the sur- of the best to play the game. Oscar Robert- agent to the board of labor relations. His hard rounding communities even after her formal son, himself a NBA star and a native of Indi- work, strong leadership and commitment to workday. Ms. Pryor has contributed in every anapolis, advised the Pacer organization to excellence have left an indelible mark on the aspect of her church: from being a Sunday seek out Brown in the early 1970's and sign board of labor relations. Jack has seen a num- school teacher to serving as the church treas- him to the team. ber of changes over the last quarter century. urer. As a result of both her professional and Yet Mr. Brown was not merely one of the During Jack's tenure on the board, the Con- personal devotion, Ms. Pryor has received nu- best to play the game. He also contributed necticut State Employee Relations Act was merous distinguished service awards in our much to his inherited community of Indianap- passed. Jack handled the first petitions filed community over the years. olis. He served as a city-county councilman by State employees in their efforts to organize. Mr. Speaker, it is indeed an honor and a and worked with local law enforcement offi- He also conducted elections for the 30,000 pleasure for me to rise today before my col- cials to improve Indianapolis' streets and help State employees under the new act. His expe- leagues in the House of Representatives to protect our young people. rience in the area of State employee union ne- pay tribute to Pauline Pryor. She is a woman The community remembered him for this as gotiations is invaluable and his colleagues and of high moral character committed to improv- well. When Mr. Brown was diagnosed with coworkers rely on his encyclopedic knowledge ing the welfare and dignity of those in need. cancer of the liver, he was faced with mount- of the labor board processes and procedures. I wish her many years of joy in her retirement. ing medical bills due to his lack of medical E438 CONGRESSIONAL RECORD — Extensions of Remarks March 11, 1997 coverage. The community of Indianapolis munity leader who is being honored as an in- The parish's tradition of giving extends well chipped in, with teammates, fans, and local ductee into the San Mateo County Women's beyond the local community. Through its local businesses helping the Rajah pay for his med- Hall of Fame. chapter of Saint Vincent dePaul, St. Joseph ical care. Joanne Ron Gilbert is an educator who spe- Parish provides children in the neighboring Perhaps the most poignant testimony of cializes in at risk students. According to her community of East St. Louis with school sup- Roger Brown was his statement after learning nomination, she ``has received no formal plies during the school year and Christmas about his cancer. ``If I was to die tomorrow, awards, but is recognized by those who know gifts during the holiday. St. Joseph's also aids I've lived a hell of a life,'' said Mr. Brown. ``I've her as someone who has transformed lives.'' the community by donating clothing, furniture, dealt with my mortality. I did that coming out Transferred from Detroit to San Mateo County and household items, and has participated in of Brooklyn, because you don't know if you're in 1984, newly divorced with a teenaged son, various flood relief efforts in recent years going to make it to the next day. The quality her job was soon eliminated. She worked out through these means. of life is what's important, because a homesharing plan to provide her son with a St. Joseph's has a rich history of helping everybody's got to go.'' secure environment, returned to school to others and has become one of the mainstays Mr. Speaker, perhaps this body could learn earn a teaching credential, got a full-time of this small, close-knit community. I ask my a little from Roger Brown, a person who lived teaching job, and developed a private tutoring colleagues to join me in congratulating St. Jo- his life unassumingly but understood that in practice. She also managed to volunteer as a seph Parish's parishioners and friends on their the end, it was the value of a life well-lived landlord-tenant dispute mediator, coordinate 135th anniversary. that mattered the most. For Mr. Brown, we events for the Jazz for the Homeless Program, f should continue to look for ways to ensure and worked in local political campaigns. As a HONORING STEPHANIE that all have the quality of life they deserve. In member of the county Human Relations Com- CAVANAUGH the words of Pacers coach Larry Brown, ``we mission, she developed the first and only have lost a good friend.'' County Hate Crimes Conference. In 1992, fi- f nally able to buy her own condominium and HON. JOHN P. MURTHA seeing her son enter law school, she was di- OF PENNSYLVANIA INTRODUCTION OF LEGISLATION agnosed with thyroid cancer. During her battle IN THE HOUSE OF REPRESENTATIVES with this disease, which left her voiceless and Tuesday, March 11, 1997 HON. JAMES A. TRAFICANT, JR. unable to work for 3 months, she maintained Mr. MURTHA. Mr. Speaker, I'd like to take OF OHIO correspondence with her students, providing this opportunity before the House to congratu- IN THE HOUSE OF REPRESENTATIVES them with support and counsel. Back at work late Ms. Stephanie J. Cavanaugh on her 22 Tuesday, March 11, 1997 since February 1995, she is taking classes in years of commitment to the ladies auxiliary to alternative dispute resolution and educational the Veterans of Foreign Wars No. 554 in Som- Mr. TRAFICANT. Mr. Speaker, on February therapy. 27, 1997, I reintroduced legislation, H.R. 897, erset, PA. Mr. Speaker, Joanne Ron Gilbert is an out- Stephanie has served in a variety of posi- that would require the National Aeronautics standing citizen and I salute her for her re- tions within the organization, including four and Space Administration to take advantage markable contributions and commitment to our terms as auxiliary president and one term as of abandoned and underutilized buildings and community. I ask my colleagues to join me in district president. She has chaired numerous grounds in economically depressed areas of honoring and congratulating her on being in- programs, at times while simultaneously serv- the country when selecting new site facilities. ducted into the San Mateo County Women's ing in her leadership positions or serving her I ask all of my colleagues to become cospon- Hall of Fame. community as president of the Somerset sors of H.R. 897. f County Council, which she did for two terms. In this age of reinvestment in our large Additionally, she was elected to the high of- cities, programs such as enterprise zones and PAYING TRIBUTE TO ST. JOSEPH fices of department guard, in 1991, and de- HUD grants offer economically depressed PARISH, LEBANON, IL partment president, in 1996. She has garnered communities the opportunity to pick them- numerous awards, including a national award selves up and forge ahead with their recovery. HON. JERRY F. COSTELLO for best promotional materials during her ten- However, Federal agencies, such as NASA, OF ILLINOIS ure as membership chairman from 1993 to should look at those same communities when IN THE HOUSE OF REPRESENTATIVES 1994. looking to expand their facilities. Much like a Tuesday, March 11, 1997 Stephanie followed her late father's example major sports team, NASA expansion into an of leadership and service to fellow citizens. economically depressed area would boost the Mr. COSTELLO. Mr. Speaker, I want to ask William S. (Bill) Orban served in the U.S. area's financial status, self esteem, and mo- my colleagues to join me in paying tribute to Army Air Corps during World War II and was rale. Often these last two items simply cannot St. Joseph Parish in Lebanon, IL, which is a founding member and first commander of be fixed with a simple government-sponsored celebrating its 135th anniversary this month. Post No. 7565 in Hooversville, PA. grant. For over a century, St. Joseph Parish has pro- vided essential services to its parishioners, Stephanie is also a trained paramedic, has H.R. 897 would also allow older buildings worked with mentally handicapped. In the sce- and underused facilities in decaying cities the local residents, and to communities throughout the diocese through a number of organizations nic mountain wilderness of scenic Somerset chance to be fully utilized, thereby furthering County, she was a member of the County the economic and cosmetic recovery of those and programs. Locally, St. Joseph Parish works with other Sheriff's Department search and rescue team, cities. And because those facilities would al- certified in as a tracker, dog handler, and in ready be in place, NASA would not have to parishes to provide substantial financial assist- ance to Christian Home Care Services, an ec- rope rescue. spend a fortune on constructing all new build- I hope you will all join me in applauding umenical nonprofit organizations. With the ings and support infrastructure. Stephanie Cavanaugh for her stellar achieve- help of St. Joseph's, this group focuses on Mr. Speaker, NASA's operations should not ments in the service of her community and the keeping people in their homes as long as pos- just be something we see pictures of on tele- ladies auxiliary. sible by providing low-cost, nonmedical care in vision. Once again, I urge all House Members f to cosponsor H.R. 897. the form of companionship, transportation, f light housekeeping, and meal preparation for TRIBUTE TO MARGARET TAYLOR the elderly and disabled in the community. St. TRIBUTE TO JOANNE RON Joseph Parish seeks to meet the emotional GILBERT HON. ANNA G. ESHOO needs of the community as well through its OF CALIFORNIA participation in the family care ministry which IN THE HOUSE OF REPRESENTATIVES helps strengthen individuals and families by HON. ANNA G. ESHOO Tuesday, March 11, 1997 OF CALIFORNIA providing low-cost counseling. The most im- IN THE HOUSE OF REPRESENTATIVES mediate needs of local residents are not over- Ms. ESHOO. Mr. Speaker, I rise today to looked by St. Joseph Parish, which also con- honor Margaret Taylor, an extraordinary, dedi- Tuesday, March 11, 1997 tributes to a local food pantry and provides fi- cated community leader who is being honored Ms. ESHOO. Mr. Speaker, I rise today to nancial resources to transient individuals, and as an inductee into the San Mateo County honor Joanne Ron Gilbert, a dedicated com- to individuals needing rental assistance. Women's Hall of Fame. March 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E439 Margaret Taylor, as the director of San board member and past president of the mentorship project for young women and mi- Mateo County's Health Services Agency, has County Health Executives Association of Cali- norities, and has developed many partnerships distinguished herself as a regional and state- fornia, she works with all of California's county with community organizations to enable them wide leader in health care. She has ably guid- health directors to develop public health policy to enhance the care of those they serve. Her ed the department to prepare for the future of for elected officials. Additionally, she is a work with the Hispanic Concilio resulted in the healthcare delivery well into the 21st century. board member of the San Mateo County Hos- award of a prestigious Robert Wood Johnson Margaret Taylor is the very first woman ever pital Consortium, the Association of Bay Area appointed head of a San Mateo County gov- Health Officials, and the California Association Foundation grant. Margaret Taylor is a woman ernment department. She consistently sets the of Public Hospitals. of vision, and because of her public service, highest of standards and goals, and turns Margaret Taylor is deeply concerned about tens of thousands of people's lives have been them into reality. the health needs of women. She has devel- bettered. Margaret Taylor is the first chairperson and oped prenatal care programs and created con- Mr. Speaker, Margaret Taylor is an out- ferences on breast cancer and cancer edu- founding member of the Health Plan of San standing citizen, a long-time colleague, and Mateo, a model, countywide managed care cation. She is an executive committee mem- my trusted friend. I salute her for her remark- program for 52,000 Medi-Cal beneficiaries. ber of the California Women's Health Council, She also is co-chairperson of the executive the first advisory group to the State Depart- able contributions and commitment to our committee of Nuestro Canto de Salud, a joint ment of Health Services on all women's health community and our country and I ask my col- project between El Concilio and Health Serv- issues. leagues to join me in honoring and congratu- ices, responsible for $2 million in health edu- Margaret Taylor joined with the San Mateo lating her on being inducted into the San cation and health care grants. As an executive Rotary Club in developing a health professions Mateo County Women's Hall of Fame. Tuesday, March 11, 1997 Daily Digest Senate 18, proposing an amendment to the Constitution of Chamber Action the United States relating to contributions and ex- Routine Proceedings, pages S2095–S2156 penditures intended to affect elections, on Wednes- Measures Introduced: Seven bills were introduced, day, March 12, 1997. Page S2156 as follows: S. 419–425. Page S2129 Appointments: Measures Passed: Board of Trustees of Gallaudet University: The Committee Funding: By a unanimous vote of 99 Chair, on behalf of the Vice President, pursuant to yeas (1 voting present) (Vote No. 29), Senate passed Public Law 83-420, as amended by Public Law S. Res. 39, authorizing expenditures by the Commit- 99–371, appointed Senator McCain to the Board of tee on Governmental Affairs, after agreeing to a Trustees of Gallaudet University. Page S2153 committee amendment in the nature of a substitute, National Historical Publications and Records and taking action on amendments proposed thereto, Commission: The Chair, on behalf of the Vice Presi- as follows: Pages S2096±S2109, S2113±25 Adopted: dent, in accordance with Public Law 81–754, as By a unanimous vote of 99 yeas (1 voting present) amended by Public Law 93–536 and Public Law (Vote No. 28), Lott-Thompson-Warner Amendment 100–365, appointed Senator Jeffords to the National No. 23, of a clarifying nature. Pages S2109, S2113±14 Historical Publications and Records Commission. Subsequently, the amendment was modified. Page S2153 Page S2114 Nominations Confirmed: Senate confirmed the fol- Withdrawn: lowing nominations: Glenn Amendment No. 21, to clarify the scope of Lyle Weir Swenson, of South Dakota, to be Unit- the investigation. Pages S2096±S2109, S2116 ed States Marshal for the District of South Dakota Lott-Warner Modified Amendment No. 22 (to for the term of four years. Pages S2153, S2156 Amendment No. 21), to limit the scope of the com- mittee investigation to illegal activities in the 1996 Nominations Received: Senate received the follow- Federal campaign elections, and require the referral ing nominations: to the Committee on Rules and Administration any Robert Clarke Brown, of Ohio, to be a Member evidence of activities which are not illegal but which of the Board of Directors of the Metropolitan Wash- may require an investigation. Pages S2096±S2108 ington Airports Authority for a term expiring No- Ngawang Choephel: Senate agreed to S. Res. 19, vember 22, 1999. expressing the sense of the Senate regarding United 16 Air Force nominations in the rank of general. States opposition to the prison sentence of Tibetan 13 Marine Corps nominations in the rank of gen- ethnomusicologist Ngawang Choephel by the Gov- eral. ernment of the People’s Republic of China. Routine lists in the Army, Navy. Page S2156 Pages S2153±55 Communications: Pages S2128±29 Nomination—Agreement: A unanimous-consent Executive Reports of Committees: Page S2129 time-agreement was reached providing for the con- sideration of the nomination of Frederico Pen˜a, of Statements on Introduced Bills: Pages S2129±45 Colorado, to be Secretary of Energy, on Wednesday, Additional Cosponsors: Page S2145 March 12, 1997, with a vote to occur thereon. Amendments Submitted: Pages S2145±46 Pages S2116, S2155±56 Notices of Hearings: Page S2146 Campaign Financing/Constitutional Amendment- Agreement: A unanimous-consent agreement was Authority for Committees: Page S2146 reached providing for the consideration of S.J. Res. Additional Statements: Pages S2146±53 D212 March 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D213 Record Votes: Two record votes were taken today. APPROPRIATIONS—SBA (Total—29) Pages S2114, S2124±25 Committee on Appropriations: Subcommittee on Com- Adjournment: Senate convened at 10 a.m., and ad- merce, Justice, State, and the Judiciary, and Related journed at 7:04 p.m., until 9:30 a.m., on Wednes- Agencies held hearings on proposed budget estimates day, March 12, 1997. (For Senate’s program, see the for fiscal year 1998 for the Small Business Adminis- remarks of the Acting Majority Leader in today’s tration, receiving testimony from Aida Alvarez, Ad- Record on page S2156.) ministrator, Small Business Administration. Subcommittee will meet again tomorrow. Committee Meetings APPROPRIATIONS—MILITARY CONSTRUCTION (Committees not listed did not meet) Committee on Appropriations: Subcommittee on Mili- AGRICULTURAL RESEARCH tary Construction held hearings on proposed budget Committee on Agriculture, Nutrition, and Forestry: Com- estimates for fiscal year 1998 for Navy and Air Force mittee held hearings on proposed legislation author- military construction programs, receiving testimony izing funds for agricultural research, education, and from Robert B. Pirie, Jr., Assistant Secretary of the extension programs of the 1996 Farm Bill, receiving Navy for Installations and Environment; and Rodney testimony from Bruce Alberts, President, National A. Coleman, Assistant Secretary of the Air Force for Academy of Sciences, on behalf of the National Re- Manpower, Reserve Affairs, Installation, and Envi- search Council; Terry Kinney, York, South Carolina, ronment. former Administrator, Agricultural Research Service, Subcommittee recessed subject to call. Department of Agriculture; Dennis T. Avery, Hud- APPROPRIATIONS—CONSUMER AFFAIRS son Institute, Churchville, Virginia; R. Rodney Foil, Committee on Appropriations: Subcommittee on VA- Mississippi State University, Mississippi State, Mis- HUD, and Independent Agencies held hearings on sissippi, on behalf of the National Association of proposed budget estimates for fiscal year 1998, re- State Universities and Land-Grant Colleges; Richard ceiving testimony in behalf of funds for their respec- F. Ross, Iowa State University, Ames; Samuel L. tive activities from Ann Brown, Chairman, Donald, University of Maryland-Eastern Shore, Prin- Consumer Product Safety Commission; Teresa Nasif, cess Anne, on behalf of the Association of Research Director, Consumer Information Center; and Leslie Directors for the 1890 Land-Grant Universities; Ron L. Byrne, Special Assistant to the President and Di- McNeil, Sitting Bull College, Fort Yates, North Da- rector, Office of Consumer Affairs. kota, on behalf of the American Indian Higher Edu- Subcommittee will meet again on Tuesday, March cation Consortium; Margaret N. Perry, University of 18. Tennessee, Martin, on behalf of the American Asso- ciation of State Colleges and Universities; and Victor AUTHORIZATION—DEFENSE L. Lechtenberg, Purdue University, West Lafayette, Committee on Armed Services: Committee resumed hear- Indiana, on behalf of the National Agricultural Re- ings on proposed legislation authorizing funds for search, Extension, Education, and Economics Advi- fiscal year 1998 for the Department of Defense and sory Board/Department of Agriculture. the future years defense program, focusing on the Hearings continue on Thursday, March 13. military strategies and operational requirements of APPROPRIATIONS—AGRICULTURE the unified commands, receiving testimony from Gen. J.H. Binford Peay III, USA, Commander-in- Committee on Appropriations: Subcommittee on Agri- Chief, U.S. Central Command; Gen. Wesley K. culture, Rural Development, and Related Agencies Clark, USA, Commander-in-Chief, U.S. Southern held hearings on proposed budget estimates for fiscal Command; and Gen. Henry H. Shelton, USA, Com- year 1998, receiving testimony in behalf of funds for mander-in-Chief, U.S. Special Operations Command. their respective activities from Mary Ann Keeffe, Hearings continue on Thursday, March 13. Acting Under Secretary for Food, Nutrition and Consumer Services, William E. Ludwig, Adminis- AUTHORIZATION—DEFENSE trator, and George A. Braley, Associate Adminis- Committee on Armed Services: Subcommittee on Acqui- trator, both of the Food and Consumer Service, and sition and Technology held hearings on proposed Dennis Kaplan, Deputy Director for Budget, Legisla- legislation authorizing funds for fiscal year 1998 for tive and Regulatory Systems, all of the Department the Department of Defense and the future years de- of Agriculture. fense program, focusing on science and technology Subcommittee will meet again on Thursday, programs, receiving testimony from Paul Kaminski, March 13. Under Secretary for Acquisition and Technology, and D214 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1997

Anita K. Jones, Director, Defense Research and En- Affairs, and Martha Farnsworth Riche, Director, Bu- gineering, both of the Department of Defense; John reau of the Census, all of the Department of Com- Douglass, Assistant Secretary of the Navy for Re- merce. search, Development and Acquisition; Authur Hearings were recessed subject to call. Money, Assistant Secretary of the Air Force for Ac- quisition; Larry Lynn, Director, Defense Advanced FEDERAL JOB TRAINING PROGRAMS Research Projects Agency; and A. Fenner Milton, Committee on Labor and Human Resources: Subcommit- Deputy Assistant Secretary of the Army for Research tee on Employment and Training concluded over- and Technology. sight hearings to review the effectiveness of Federal Subcommittee recessed subject to call. job training programs and changes needed to meet 1998 BUDGET the skill demands in a competitive marketplace, after receiving testimony from Raymond J. Uhalde, Act- Committee on the Budget: Committee held hearings to ing Assistant Secretary of Labor; Arnold R. Tomp- examine an alternative budget proposal for fiscal year kins, Ohio Department of Human Services, Colum- 1998 by a House coalition, receiving testimony from bus; Robert T. Jones, National Alliance of Business, Representatives Minge and Stenholm, both on behalf Washington, D.C.; Gary Walker, Private Public of the Coalition Budget Task Force. Ventures, Philadelphia, Pennsylvania; and William J. Committee will meet again tomorrow. Spring, Federal Reserve Bank of Boston, Boston, MEDICAID REFORM Massachusetts, on behalf of the MASS Jobs Council. Committee on Finance: Committee held hearings to ex- BUSINESS MEETING amine the National Governors’ Association views on the President’s proposed budget request for fiscal Committee on Indian Affairs: Committee approved year 1998 for Medicaid, focusing on Medicaid cost their fiscal year 1998 budgetary views and estimates saving strategies, children’s health, and managed care on programs which fall under the jurisdiction of the quality, receiving testimony from Utah Governor committee which they will make to the Committee Michael O. Leavitt, Salt Lake City, and Nevada Gov- on the Budget. ernor Bob Miller, Carson City, both on behalf of the NOMINATION National Governors’ Association. Hearings were recessed subject to call. Select Committee on Intelligence: Committee began hear- ings on the nomination of Anthony Lake, of Massa- CENSUS 2000 chusetts, to be Director of Central Intelligence, Committee on Governmental Affairs: Committee held where the nominee, who was introduced by Senators hearings to examine Department of Commerce plans Kennedy, Kerry, and McCain, and former Senator to provide for an accurate 2000 decennial census, re- Rudman, testified and answered questions in his own ceiving testimony from William M. Daley, Secretary, behalf. Everett M. Ehrlich, Under Secretary for Economic Hearings continue tomorrow. h House of Representatives H.R. 651, to extend the deadline under the Fed- Chamber Action eral Power Act for the construction of a hydroelectric Bills Introduced: 27 public bills, H.R. 1003–1029; project located in the State of Washington (H. Rept. 1 private bill, H.R. 1030; and 8 resolutions, H.J. 105–12); Res. 62–63, H. Con. Res. 42–45, and H. Res. 89 H.R. 652, to extend the deadline under the Fed- and 91, were introduced. Pages H887±89 eral Power Act for the construction of a hydroelectric Reports Filed: Reports were filed as follows: project located in the State of Washington (H. Rept. H.R. 649, to amend sections of the Department 105–13); H.R. 914, to make certain technical corrections in of Energy Organization Act that are obsolete or in- the Higher Education Act of 1965 relating to grad- consistent with other statutes and to repeal a related uation data disclosures (H. Rept. 105–14); section of the Federal Energy Administration Act of H. Res. 88, providing for consideration of H.R. 1974 (H. Rept. 105–11); 852, to amend chapter 35 of title 44, United States Code, popularly known as the Paperwork Reduction March 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D215 Act, to minimize the burden of Federal paperwork Washington State Hydroelectric Project—Han- demands upon small businesses, educational and cock Creek: H.R. 652, to extend the deadline under nonprofit institutions, Federal contractors, State and the Federal Power Act for the construction of a hy- local governments, and other persons through the droelectric project located in the State of Washing- sponsorship and use of alternative information tech- ton; Page H830 nologies (H. Rept. 105–15); Trinity Lake of California: H.R. 63, to des- H.J. Res. 32, to consent to certain amendments ignate the reservoir created by Trinity Dam in the enacted by the Legislature of the State of Hawaii to Central Valley project, California, as ‘‘Trinity Lake’’; the Hawaiian Homes Commission Act, 1920 (H. Pages H830±31 Rept. 105–16); H.R. 709, to reauthorize and amend the National Hawaiian Homes Commission Amendments: Geologic Mapping Act of 1992, amended (H. Rept. H.J. Res. 32, to consent to certain amendments en- 105–17); and acted by the Legislature of the State of Hawaii to H. Res. 90, providing for consideration of H. Res. the Hawaiian Homes Commission Act, 1920; 89, requesting the President to submit a budget for Pages H831±33 fiscal year 1998 that would balance the Federal National Geologic Mapping Reauthorization: budget by fiscal year 2002 without relying on budg- H.R. 709, amended, to reauthorize and amend the etary contingencies (H. Rept. 105–18). Page H887 National Geologic Mapping Act of 1992; Speaker Pro Tempore: Read a letter from the Page H833±36 Speaker wherein he designated Representative Ehlers Ganges and Brahmaputra River Basin: H. Con. to act as Speaker pro tempore for today. Page H813 Res. 16, amended, concerning the urgent need to improve the living standards of those South Asians Guest Chaplain: The prayer was offered by the living in the Ganges and the Brahmaputra River guest chaplain, the Reverend Dr. Ronald F. Chris- Basin (agreed to by a yea-and-nay vote of 415 yeas tian of Virginia. Page H818 to 1 nay, Roll No. 36); Pages H836±38 Recess: The House recessed at 1:10 p.m. and recon- Mutual Cooperation and Security Treaty Be- vened at 2:00 p.m. Page H818 tween U.S. and Japan: H. Res. 68, amended, stat- Joint Economic Committee: The Speaker an- ing the sense of the House of Representatives that nounced his appointment of Representatives Stark, the Treaty of Mutual Cooperation and Security Be- Hamilton, Hinchey, and Maloney of New York to tween the United States of America and Japan is es- the Joint Economic Committee. Page H818 sential for furthering the security interests of the Committee Resignation: Read a letter from Rep- United States, Japan, and the nations of the Asia-Pa- resentative Skelton wherein he requested a leave of cific region, and that the people of Okinawa deserve absence from the Committee on Small Business. Sub- recognition for their contributions toward ensuring sequently, and without objection, the Speaker ac- the Treaty’s implementation; agreed to amend the cepted the resignation from the Committee. title (agreed to by a yea-and-nay vote of 403 yeas to Page H818 16 nays, Roll No. 37); Pages H838±41 Suspensions: The House voted to suspend the rules Hong Kong Reversion Act: H.R. 750, amended, and pass the following measures: to support the autonomous governance of Hong Kong after its reversion to the People’s Republic of U.S. Trade Representative: S.J. Res. 5, Waiving China (passed by a yea-and-nay vote of 416 yeas to Certain Provisions of the Trade Act of 1974 Relat- 1 nay, Roll No. 38); and Pages H841±46 ing to the Appointment of the U.S. Trade Rep- resentative; Pages H819±28 Graduation Data Disclosures: H.R. 914, amend- ed, to make certain technical corrections in the Department of Energy Standardization Act: Higher Education Act of 1965 relating to gradua- H.R. 649, to amend sections of the Department of tion data disclosures. Pages H846±47 Energy Organization Act that are obsolete or incon- sistent with other statutes and to repeal a related Recess: The House recessed at 4:25 p.m. and recon- section of the Federal Energy Administration Act of vened at 5:00 p.m. Page H847 1974; Pages H828±29 Quorum Calls—Votes: Three yea-and-nay votes de- Washington State Hydroelectric Project— veloped during the proceedings of the House today Calligan Creek: H.R. 651, to extend the deadline and appear on pages H847–48, H848–49, and under the Federal Power Act for the construction of H849. There were no quorum calls. a hydroelectric project located in the State of Wash- Adjournment: Met at 12:30 p.m. and adjourned at ington; Pages H829±30 11:15 p.m. D216 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1997 Committee Meetings NATIONAL SECURITY APPROPRIATIONS Committee on Appropriations: Subcommittee on Na- AGRICULTURE, RURAL DEVELOPMENT, tional Security held a hearing on fiscal year 1998 Air FDA, AND RELATED AGENCIES Force Budget overview. Testimony was heard from APPROPRIATIONS the following officials of the Department of the Air Committee on Appropriations: Subcommittee on Agri- Force: Sheila E. Widnall, Secretary; and Gen. Ronald culture, Rural Development, Food and Drug Admin- R. Fogelman, USAF, Chief of Staff. istration, and Related Agencies held a hearing on marketing and regulatory programs. Testimony was TRANSPORTATION APPROPRIATIONS heard from the following officials of the USDA: Mi- Committee on Appropriations: Subcommittee on Trans- chael Dunn, Assistant Secretary, Marketing and Reg- portation held a hearing on National Transportation ulatory Programs; Terry Medley, Administrator, Safety Board and on the Office of Inspector General. Animal and Health Inspection Service; Lon Testimony was heard from James E. Hall, Chairman, Hatamiya, Administrator, Agriculture and Market- National Transportation Safety Board; and Joyce ing Service; James R. Baker, Administrator, Grain Fleischman, Acting Inspector General, Department Packers and Stockyards Administration; and Stephen of Transportation. B. Dewhurst, Budget Officer, Department of Agri- culture. TREASURY-POSTAL SERVICE COMMERCE-JUSTICE-STATE APPROPRIATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Treas- Committee on Appropriations: Subcommittee on Com- ury, Postal Service, and General Government held a merce, Justice, State and Judiciary held a hearing on hearing on the National Park Service, on the Execu- Secretary of Commerce. Testimony was heard from tive Office of the President, and on OMB. Testi- William M. Daley, Secretary of Commerce. mony was heard from the following officials of the National Park Service, Department of the Interior: INTERIOR APPROPRIATIONS Terry Carlstrom, Acting Regional Director, National Committee on Appropriations: Subcommittee on Interior Capitol Region; and James McDaniel, Associate Re- held a hearing on Bureau of Land Management. Tes- gional Director, White House Liaison; the following timony was heard from Sylvia Baca, Interim Direc- officials of the Office of Administration: Ada L. tor, Bureau of Land Management, Department of the Posey, Acting Director; and Jurg Hochuli, Associate Interior. Director, Financial Management Division; and LABOR-HHS-EDUCATION Franklin D. Raines, Director, OMB. APPROPRIATIONS VA-HUD-INDEPENDENT AGENCIES Committee on Appropriations: Subcommittee on Labor, APPROPRIATIONS Health and Human Services, and Education held a hearing on Secretary of Education, and on Elemen- Committee on Appropriations: Subcommittee on VA, tary and Secondary Education and Bilingual Edu- HUD and Independent Agencies held a hearing on cation and Minority Languages Affairs. Testimony the Corporation for National and Community Serv- was heard from the following officials of the Depart- ice. Testimony was heard from Harris Wofford, ment of Education: Richard W. Riley, Secretary; CEO, Corporation for National and Community Gerald N. Tirozzi, Assistant Secretary, Elementary Service. and Secondary Education; Delia Pompa, Director, DEPARTMENT OF TREASURY— Office of Bilingual Education and Minority Lan- GEOGRAPHIC TARGETING ORDER guages Affairs; and Thomas Corwin, Director, Ele- mentary, Secondary and Vocational Analysis Divi- Committee on Banking and Financial Services: Sub- sion, Budget Service. committee on General Oversight and Investigations held a hearing on the use of the Department of the MILITARY CONSTRUCTION Treasury Geographic Targeting Order. Testimony APPROPRIATIONS was heard from Barry McCaffrey, Director, Office of Committee on Appropriations: Subcommittee on Mili- National Drug Control Policy; Raymond Kelly, tary Construction held a hearing on Air Force. Testi- Under Secretary, Enforcement, Department of the mony was heard from Rodney Coleman, Assistant Treasury; Robert Litt, Deputy Assistant Attorney Secretary, Air Force, Management, Personnel Affairs, General, Department of Justice; and Howard Safir, Installations and Environment, Department of the Commissioner, Policy Department, City of New Air Force. York. March 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D217

HOUSING OPPORTUNITY AND FOREIGN RELATIONS REAUTHORIZATION RESPONSIBILITY ACT OF 1997 Committe on International Relations: Subcommittee on Committee on Banking and Financial Services: Sub- International Operations and Human Rights held a committee on Housing and Community Develop- hearing on Foreign Relations Reauthorization for FY ment continued hearings on H.R. 2, Housing Op- 1998: Refugees and Migration. Testimony was heard portunity and Responsibility Act of 1997. Testi- from Phyllis E. Oakley, Assistant Secretary, Bureau mony was heard from Susan Gaffney, Inspector Gen- of Population, Refugees, and Migration, Department eral, Department of Housing and Urban Develop- of State. ment; Steven Goldsmith, Mayor, Indianapolis, Indi- ana; and public witnesses. DOD CHEMICAL WEAPONS DESTRUCTION; MEDICAID REFORM BUDGET REQUEST Committee on Commerce: Subcommittee on Health and Committee on National Security, Subcommittee on Mili- Environment held a hearing on Medicaid Reform: tary Procurement held a hearing on the Department of Defense program for the destruction of chemical weapons the Governor’s View. Testimony was heard from stockpile and fiscal year 1998 budget request. Testimony William Scanlon, Director, Health Financing Sys- was heard from the following officials of the Department tems, Health, Education, and Human Services, of Defense: Gilbert F. Decker, Assistant Secretary, Army GAO; Gail Wilensky, Chair, Board of Directors, (Research, Development and Acquisition); Michael A. Physician Payment Review Commission; the follow- Parker, Deputy to the Commander, Program Manager, ing Governors: Michael O. Leavitt, State of Utah; Assembled Chemical Munitions Demilitarization Alter- and Bob Miller, State of Nevada; and a public wit- natives, Chemical and Biological Defense Command; and ness. Theodore Prociv, Deputy Assistant to the Secretary, Of- D.C. RESIDENCY REQUIREMENTS fice of the Under Secretary of Defense (Acquisition and Technology), Nuclear, Chemical and Biological Defense Committee on Government Reform and Oversight: Sub- Programs (Chemical/Biological Matters). committee on the District of Columbia, approved for full Committee action as amended H.R. 514, to per- ARMY MODERNIZATION mit waiver of District of Columbia residency re- quirements for certain employees of the Office of the Committee on National Security: Subcommittee on Mili- Inspector General of the District of Columbia. tary Procurement and the Subcommittee on Military Research and Development held a joint hearing on MISCELLANEOUS MEASURES Army modernization. Testimony was heard from Committee on Government Reform and Management: Sub- Gilbert F. Decker, Assistant Secretary, Army (Re- committee on Government Management, Informa- search, Development and Acquisition), Department tion and Technology approved for full Committee of Defense. action the following bills: H.R. 173, to amend the Federal Property and Administrative Services Act of MEASURING READINESS 1949 to authorize donation of surplus law enforce- Committee on National Security: Subcommittee on Mili- ment canines to their handlers; H.R. 680, to amend tary Readiness held a hearing on measuring readi- the Federal Property and Administrative Services Act ness. Testimony was heard from Mark Gebicke, Di- of 1949 to authorize the transfer to States of surplus rector, Military Operations and Capabilities, GAO; personal property for donation to nonprofit providers and the following officials of the Department of De- of necessaries to impoverished families and individ- fense: Louis Finch, Deputy Under Secretary (Readi- uals; and H.R. 930, Travel and Transportation Re- ness); Brig. Gen. Stephen B. Plummer, USAF, Dep- form Act of 1997. uty Director, Current Readiness and Capabilities, NEWLY INDEPENDENT STATES—U.S. Joint Chiefs of Staff; Maj. Gen. D. C. Grange, Direc- ASSISTANCE tor, Operations, Readiness and Mobilization, Depart- Committee on International Relations: Held a hearing on ment of the Army; Rear Adm. John Craine, Jr., U.S. Assistance to the Newly Independent States of USN, Director, Assessments, Department of the the former Soviet Union. Testimony was heard from Navy; Maj. Gen. Donald L. Peterson, USAF, Deputy Ambassador Richard Morningstar, Coordinator, U.S. Chief of Staff, Plans and Operations, Department of Assistance to the Newly Independent States, Depart- the Air Force; and Brig. Gen. Matthew Broderick, ment of State; and Thomas Dine, Assistant Adminis- USMC, Director, Operations Division, Plans, Policy trator, Europe and the Newly Independent States, and Operations Division, Headquarters, U.S. Marine AID, U.S. International Development Cooperation Corps; and Mark Gebicke, Director, Military Oper- Agency. ations and Capabilities, GAO. D218 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1997

STATE LAND AND WATER CONSERVATION ization. Testimony was heard from Members of Con- ACT PROGRAM—FEDERAL FUNDING gress; and Kirk Fordice, Governor, State of Mis- Committee on Resources: Subcommittee on National sissippi. Parks and Public Lands held a hearing on Federal Hearings continue March 13. funding of the State Land and Water Conservation MEDICARE DISPROPORTIONATE SHARE Act Program. Testimony was heard from Kate Ste- HOSPITAL PAYMENTS venson, Associate Director, Cultural Resources Stew- ardship and Partnership, National Park Service, De- Committee on Ways and Means: Subcommittee on partment of the Interior; Donald W. Murphy, Direc- Health held a hearing on Teaching Hospitals and tor, Department of Parks and Recreation, State of Medicare Disproportionate Share Hospital Payments. California; and public witnesses. Testimony was heard from Joseph Newhouse, Chair- man, Prospective Payment Assessment Commission; PAPERWORK ELIMINATION ACT Gail Wilensky, Chair, Physician Payment Review Committee on Rules: Granted, by voice vote, an open Commission; and public witnesses. rule providing 1 hour of debate on H.R. 852, Paper- work Elimination Act of 1997. The rule accords pri- BUDGET AUTHORIZATIONS—CUSTOMS, ority in recognition to those Members who have pre- INTERNATIONAL TRADE COMMISSION, printed their amendments in the Congressional OFFICE OF TRADE REPRESENTATIVE Record prior to their consideration. The rule pro- Committee on Ways and Means: Subcommittee on vides one motion to recommit with or without in- Trade held a hearing on Budget Authorizations for structions. Testimony was heard from Chairman Tal- Fiscal Year 1998 and 1999 for the U.S. Customs, ent and Representative LaFalce. the U.S. International Trade Commission, and the BALANCED BUDGET Office of the U.S. Trade Representative. Testimony Committee on Rules: Granted, by voice vote, a closed was heard from George J. Weise, Commissioner, rule on H. Res. 89, requesting the President to sub- U.S. Customs Service, Department of the Treasury; mit a budget for fiscal year 1998 that would balance Jeffrey M. Lang, Deputy U.S. Trade Representative; the Federal budget by fiscal year 2002 without rely- Marcia E. Miller, Chairman, U.S. International Trade ing on budgetary contingencies. The rule provides Commission; the following officials of the GAO: two hours of debate equally divided and controlled Norman J. Rabkin, Director, Administration of Jus- by the chairman and ranking member of the Com- tice Issues, General Government Division; and mittee on the Budget or their designees. Finally the JayEtta Z. Hecker, Associate Director, International rule provides one motion to recommit, which may Relations and Trade Issues, National Security and contain instructions if offered by the Minority Leader International Affairs Division; and public witnesses. or his designee. If the motion includes instructions, SPECIAL NAVY BRIEFING then it shall be debatable for five minutes by the proponent and five minutes by an opponent. Testi- Permanent Select Committee on Intelligence: Met in execu- mony was heard from Representatives Sununu, tive session to hold a Briefing: Special Navy. The Granger, Pitts, Spratt, Minge, Stenholm, and Committee was briefed by departmental witnesses. Tauscher. BUDGET AUTHORIZATION—EPA Joint Meetings Committee on Science, Subcommittee on Energy and DISTRICT OF COLUMBIA Environment, held hearing on Fiscal Year 1998 Budget Authorization Request: EPA Research and Joint Hearing: Senate Committees on Governmental Development. Testimony was heard from Joseph K. Affairs’ Subcommittee on Oversight of Government Alexander, Deputy Assistant Administrator, Research Management, Restructuring, and the District of Co- and Development, EPA; Stanley J. Czerwinski, Asso- lumbia and Appropriations’ Subcommittee on the ciate Director, Resources, Community, and Eco- District of Columbia held joint hearings with the nomic Development Division, GAO; and a public House Committees on Government Reform and witness. Oversight’s Subcommittee on the District of Colum- bia and Appropriations’ Subcommittee on the Dis- ISTEA REAUTHORIZATION trict of Columbia to examine the financial condition Committee on Transportation and Infrastructure: Sub- of the government of the District of Columbia, re- committee on Surface Transportation continued hear- ceiving testimony from Mayor Susan Golding, San ings on Member policy initiatives and requests for Diego, California; Mayor Stephen Goldsmith, Indi- highway and transit projects in the ISTEA Reauthor- anapolis, Indiana; Mayor Patrick McCrory, Charlotte, March 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D219 North Carolina; Mayor Edward Rendell, Philadel- Committee on the Budget, to hold joint hearings with the phia, Pennsylvania; and Mayor Knox White, Green- House Budget Committee to examine National governors’ ville, South Carolina. issues, 9:30 a.m., SD–106. Committees will meet again on Thursday, March Committee on Commerce, Science, and Transportation, to 13. hold hearings to examine universal telephone service, 2 p.m., SR–253. PARTIAL BIRTH ABORTION BAN Committee on Energy and Natural Resources, business meeting, to mark up S. 104, to reform United States pol- Joint Hearing: Senate Committee on the Judiciary icy with regard to the management and disposal of spent concluded joint hearings with the House Committee nuclear fuel and high-level radioactive waste, 9:30 a.m., on the Judiciary’s Subcommittee on the Constitution SD–366. on S. 6 and H.R. 929, bills to ban partial birth Committee on Finance, to hold hearings to examine the abortions, after receiving testimony from Renee Graduate Medical Education program, 10 a.m., SD–215. Chelian, National Coalition of Abortion Providers, Committee on Foreign Relations, Subcommittee on Inter- Southfield, Michigan; Kate Michelman, National national Economic Policy, Export and Trade Promotion, Abortion and Reproductive Rights Action League, to hold hearings on proposed legislation authorizing Helen M. Alvare, National Conference of Catholic funds for fiscal year 1998 for security assistance, 10 a.m., Bishops, Vicki Saporta, National Abortion Federa- SD–419. tion, and Douglas Johnson, National Right to Life Subcommittee on Western Hemisphere, Peace Corps, Committee, all of Washington, D.C.; Gloria Feldt, Narcotics and Terrorism, to hold a closed briefing and an Planned Parenthood Federation of America, New open hearing on Mexican and American responses to the York, New York; Curtis R. Cook, Grandville, international narcotics threat, 2 p.m., SD–419. Committee on Labor and Human Resources, Subcommittee Michigan; Eileen Sullivan, Los Angeles, California; on Public Health and Safety, to hold hearings to examine Maureen Britell, Forestdale, Massachusetts; and scientific discoveries in cloning, focusing on challenges Whitney Goin, Orlando, Florida. for public policy, 9:30 a.m., SD–G50. f Committee on Rules and Administration, to hold oversight hearings on the operations of the Smithsonian Institution, COMMITTEE MEETINGS FOR the Woodrow Wilson International Center, and the John WEDNESDAY, MARCH 12, 1997 F. Kennedy Center for the Performing Arts, 9:30 a.m., Senate SR–301. (Committee meetings are open unless otherwise indicated) Committee on Indian Affairs, to hold joint hearings with the Committee on Banking, Housing, and Urban Affairs, Committee on Appropriations, Subcommittee on Defense, on Indian housing programs, 2:30 p.m., SD–106. to hold hearings on proposed budget estimates for fiscal Select Committee on Intelligence, to continue hearings on year 1998 for the Department of Defense, focusing on the nomination of Anthony Lake, of Massachusetts, to be missile projects, 10 a.m., SD–192. Director of Central Intelligence, 10 a.m., SH–216. Subcommittee on Commerce, Justice, State, and the Judiciary, to hold hearings on proposed budget estimates House for fiscal year 1998 for the Department of Justice, 10 a.m., SD–138. Committee on Agriculture, to mark up the following bills: Committee on Armed Services, Subcommittee on Airland H.R. 111, to authorize the Secretary of Agriculture to Forces, to resume hearings on proposed legislation author- convey a parcel of unused agricultural land in Dos Palos, izing funds for fiscal year 1998 for the Department of CA, to the Dos Palos Ag Boosters for use as a farm Defense and the future years defense program, focusing school; H.R. 394, to provide for the release of the rever- on Army Force XXI initiatives and Army modernization sionary interest held by the United States in certain prop- programs, 10 a.m., SR–222. erty located in the County of Iosco, MI; H.R. 785, to Subcommittee on Strategic Forces, to resume hearings designate the J. Phil Campbell, Senior, Natural Resource on proposed legislation authorizing funds for fiscal year Conservation Center; and H.R. 1000, to require States to 1998 for the Department of Defense and the future years establish a system to prevent prisoners from being consid- defense program, focusing on U.S. national security space ered part of any household for purposes of determining programs and policies, 2 p.m., SR–222. eligibility of the household for food stamp benefits to be Subcommittee on Personnel, to resume hearings on provided to the household under the Food Stamp Act of proposed legislation authorizing funds for fiscal year 1998 1997, 1 p.m., 1300 Longworth. for the Department of Defense and the future years de- Subcommittee on Department Operations, Nutrition, fense program, focusing on policies pertaining to military and Foreign Agriculture, hearing on the status of the compensation and quality of life programs, 2 p.m., electronic benefit transfer system for the food stamp pro- SR–232A. gram, 9:30 a.m., 1302 Longworth. Committee on Banking, Housing, and Urban Affairs, to Committee on Appropriations, Subcommittee on Agri- hold joint hearings with the Committee on Indian Af- culture, Rural Development, Food and Drug Administra- fairs, on Indian housing programs, 2:30 p.m., SD–106. tion, and Related Agencies, on Congressional and public D220 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1997 witnesses, 10:30 a.m., and on food safety, 1 p.m., 2362A Communications System Acquisition Strategy (post FTS Rayburn. 2000): An Industry Perspective, 12 p.m., 2154 Rayburn. Subcommittee on Commerce, Justice, State and Judici- Committee on House Oversight, to mark up committee ary, on United States Information Agency/International funding resolution, 2 p.m., 1310 Longworth. Broadcasting, 10 a.m., and, executive, on Committee on International Relations, hearing on Counterterrorism, 2 p.m., H–309 Capitol. U.S.–Russian Relations, 11 a.m., 2172 Rayburn. Subcommittee on Energy and Water Development, on Subcommittee on Asia and the Pacific, hearing on Nuclear Waste Management and Disposal, 10 a.m., Democratic Continuity and Change in South Asia, 1:30 2362B Rayburn. p.m., 2200 Rayburn. Subcommittee on Interior, on Fish and Wildlife Serv- Subcommittee on Western Hemisphere, hearing on the ice, 10 a.m. and 1:30 p.m., B–308 Rayburn. Western Hemisphere Today: A Roundtable Discussion, Subcommittee on Labor, Health and Human Services, 1:30 p.m., 2172 Rayburn. and Education, on Vocational and Adult Education; Spe- Committee on the Judiciary, to mark up the following: cial Education; and Rehabilitative Services, 10 a.m., and H.R. 924, Victim Allocution Clarification Act of 1997; on Postsecondary Education, 1:30 p.m., 2358 Rayburn. H.R. 926, Prisoner Service Opportunity Act of 1997; Subcommittee on Military Construction, on Housing H.R. 927, United States Marshals Service Improvement Privatization Efforts, 9:30 a.m., B–300 Rayburn. Act; H.R. 400, 21st Century Patent System Improvement Subcommittee on National Security, on Air Force Ac- Act; H.R. 672, to make technical amendments to certain quisition Programs, 10 a.m., H–140 Capitol. provisions of title 17, United States Code; H.R. 908, to Subcommittee on Transportation, on Coast Guard, 10 establish a Commission on Structural Alternatives for the a.m., 2358 Rayburn. Federal Courts of Appeals; H.R. 929, Partial-Birth Abor- Subcommittee on Treasury, Postal Service, and General tion Ban Act of 1997, 9:30 a.m., 2141 Rayburn. Government, on U.S. Postal Service, 10 a.m., 2360 Ray- Committee on National Security, to continue hearings on burn. fiscal year 1998 Department of Defense authorization re- Subcommittee on VA, HUD and Independent Agen- quest, 9:30 a.m., 2118 Rayburn. cies, on Community Development Financial Institutions, Subcommittee on Military Procurement, hearing on 9 a.m., and on National Credit Union Administration, 11 B–2 Bomber program, 2 p.m., 2118 Rayburn. a.m., H–143 Capitol. Subcommittee on Military Readiness, hearing on re- Committee on Banking and Financial Services, Subcommit- form initiatives, 2 p.m., 2212 Rayburn. tee on Capital Markets, Securities and Government Spon- Committee on Resources, to mark up the following bills: sored Enterprises, to continue hearings on financial serv- H.R. 752, Citizen’s Fair Hearing Act of 1997; and H.R. ices modernization, 10 a.m., 2128 Rayburn. 757, American Samoa Development Act of 1997, 11 Committee on the Budget, hearing on correcting the CPI, a.m., 1324 Longworth. 2:30 p.m., 210 Cannon. Committee on Rules, to consider the following: H.R. 412, Committee on Commerce, Subcommittee on Health and to approve a settlement agreement between the Bureau of Environment, to mark up the following: the Assisted Sui- Reclamation and the Orville-Tonasket Irrigation District; cide Funding Restriction Act of 1997; H.R. 968, to and H.J. Res. 58, disapproving the certification of the amend Title XVIII and XIX of the Social Security Act President under section 490(b) of the Foreign Assistance to permit a waiver of the prohibition of offering nurse Act of 1961 regarding foreign assistance for Mexico dur- aide training and competency evaluation programs in cer- ing fiscal year 1997, 1:30 p.m., H–313 Capitol. tain nursing facilities; and a measure to extend the term Committee on Science, to hold an organizational meeting, of appointment of certain members of the Prospective 9:30 a.m., followed by a hearing on the U.S. and Antarc- Payment Assessment Commission, 10 p.m., 2123 Ray- tica in the 21st Century, 10 a.m., 2318 Rayburn. burn. Subcommittee on Energy and Environment, hearing on Committee on Government Reform and Oversight, to con- EPA’s Particulate Matter and Ozone Standards, 1 p.m., sider the following: H.R. 173, to amend the Federal 2318 Rayburn. Property and Administrative Services Act of 1949 to au- Subcommittee on Space and Aeronautics, hearing on thorize donation of surplus law enforcement canines to Fiscal Year 1998 NASA Authorization, Aeronautics and their handlers; H.R. 680, to amend the Federal Property Advanced Space Transportation, 1 p.m., 2325 Rayburn. and Administrative Services Act of 1949 to authorize the Committee on Small Business, hearing on community re- transfer to States of surplus personal property for donation newal initiatives for low income areas, 10:30 a.m., 2359 to nonprofit providers of necessaries to impoverished fam- Rayburn. ilies and individuals; H.R. 930, Travel and Transpor- Committee on Transportation and Infrastructure, to consider tation Act of 1997; H.R. 514, amended, to permit waiver pending Committee business and the Budget Views and of District of Columbia residency requirements for certain Estimates for Fiscal Year 1998, 4:30 p.m., 2167 Ray- employees of the Office of the Inspector General of the burn. District of Columbia; H.R. 240, Veteran’s Employment Subcommittee on Railroads, hearing on the Current Opportunities Act of 1997; and a report entitled ‘‘A Citi- State of Amtrak, 2 p.m., 2167 Rayburn. zen’s Guide on Using the Freedom of Information Act Subcommittee on Water Resources and Environment, and the Privacy Act of 1974 to Request Government hearing on Superfund Reauthorization: Views of EPA, 10 Records’’, 11 a.m., and to continue hearings on Federal a.m., 2167 Rayburn. March 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D221

Committee on Ways and Means, to mark up H.R. 968, on the Budget-Intelligence Requirements, 2 p.m., H–405 to amend title XVIII and XIX of the Social Security Act Capitol. to permit a waiver of the prohibition of offering nurse aide training and competency evaluation programs in cer- JOINT MEETINGS tain nursing facilities, 9:30 a.m., and to hold a hearing on Revenue Raising Provisions in the Administration’s Joint Hearing: Senate Committee on the Budget, to Fiscal Year Budget Proposal, 10 a.m., 1100 Longworth. hold joint hearings with the House Budget Committee to Permanent Select Committee on Intelligence, executive, to examine National governors’ issues, 9:30 a.m., SD–106. consider pending business, 1 p.m., and to hold a hearing D222 CONGRESSIONAL RECORD — DAILY DIGEST March 11, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, March 12 11 a.m., Wednesday, March 12

Senate Chamber House Chamber Program for Wednesday: Senate will consider the nom- Program for Wednesday: Consideration of H. Res. 89, ination of Federico Pen˜a to be Secretary of Energy, with requesting the President to submit a budget for fiscal vote to occur thereon, following which Senate will con- year 1998 that would balance the Federal budget by fiscal sider S.J. Res. 18, regarding campaign financing. year 2002 without relying on budgetary constraints (closed rule, 2 hours of debate); and Consideration of H.R. 852, to amend chapter 35 of title 44, United States Code, popularly known as the Pa- perwork Reduction Act, to minimize the burden of Fed- eral paperwork demands upon small businesses, edu- cational and nonprofit institutions, Federal contractors, State and local governments, and other persons through the sponsorship and use of alternative information tech- nologies (open rule, 1 hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE Fox, Jon D., Pa., E433 Packard, Ron, Calif., E429 Frost, Martin, Tex., E429 Pomeroy, Earl, N.D., E427 Andrews, Robert E., N.J., E425 Gilman, Benjamin A., N.Y., E428 Quinn, Jack, N.Y., E432 Barrett, Thomas M., Wisc., E435 Hall, Ralph M., Tex., E431 Rivers, Lynn N., Mich., E426, E430 Bentsen, Ken, Tex., E427 Horn, Stephen, Calif., E432 Solomon, Gerald B.H., N.Y., E433 Campbell, Tom, Calif., E429 Hoyer, Steny H., Md., E430 Traficant, James A., Jr., Ohio, E438 Carson, Julia, Ind., E437 Kanjorski, Paul E., Pa., E435 Underwood, Robert A., Guam, E426 Clement, Bob, Tenn., E425, E428 Kaptur, Marcy, Ohio, E435 Visclosky, Peter J., Ind., E431 Costello, Jerry F., Ill., E438 Kelly, Sue W., N.Y., E432 Weldon, Curt, Pa., E433 DeLauro, Rosa L., Conn., E437 Kildee, Dale E., Mich., E437 Whitfield, Ed, Ky., E435 Dellums, Ronald V., Calif., E425 McCarthy, Karen, Mo., E431 Young, Don, Alaska, E434 Ensign, John E., Nev., E431 Mink, Patsy T., Hawaii, E430 Eshoo, Anna G., Calif., E425, E426, E428, E429, E430, Murtha, John P., Pa., E438 E432, E434, E436, E437, E438 Neal, Richard E., Mass., E436

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