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, FEBRUARY 11, 1997 No. 17 House of Representatives The House met at 12:30 p.m. and was House to pass meaningful campaign fi- count toward the current contribution called to order by the Speaker pro tem- nance reform. He set July 4 as the limits, and the target of the independ- pore (Mr. MILLER of Florida). deadline. I believe the House can cer- ent expenditure has to raise even more f tainly pass reform legislation by then money to stay competitive. and declare itself independent of the Finally, the cost of the campaigns DESIGNATION OF SPEAKER PRO fundraising tyrant that plagues our themselves have completely gotten out TEMPORE system. of control. Television costs, between The SPEAKER pro tempore laid be- We all know that this is not a new production and broadcasting, have fore the House the following commu- issue. It is not an issue that needs to be gone through the roof. The same is nication from the Speaker: studied and spoken and lobbied forever. true for radio. And any aspiring politi- The Members of the House know the cian living in New York, Chicago, or WASHINGTON, DC, the Los Angeles media market knows February 11, 1997. issue of campaign finance reform, and I hereby designate the Honorable DAN MIL- they know it well. There is not one that the costs there alone may be the LER to act as Speaker pro tempore for this credible reason why the Republican sole reason that keeps him or her from day. leadership cannot get finance reform to running. They simply cannot afford it. NEWT GINGRICH, the floor by the President’s deadline. The fact that someone should be Speaker of the House of Representatives. In fact, before the Republicans were in scared away from running for office merely because they do not have the f the majority, the House had passed money, I believe, is a tragedy. How campaign finance reform legislation. MORNING HOUR DEBATES many good honest councilmen or small However, it was vetoed by President town mayors or clever businessmen or The SPEAKER pro tempore. Pursu- Bush. women were kept from going further in ant to the order of the House of Janu- When campaign finance reform laws public service because they lacked the ary 21, 1997, the Chair will now recog- were first created following the Nixon nize Members from lists submitted by money? How many great Congressmen Watergate scandal, the goal was to get and Senators have left us because they the majority and minority leaders for money out of the system and disclose morning hour debates. The Chair will were just sick of the fundraising chase to the American people exactly where and had enough? How many million- alternate recognition between the par- the money was coming from to finance ties, with each party limited to not to aires will decide to run for Congress Federal campaigns. Over 20 years later, and win not on the strength of their exceed 30 minutes, and each Member there is more money than ever in the except the majority and minority lead- ideas but on the size of the bank ac- system, and it is not being fully dis- counts? Mr. Speaker, if we do not have er limited to not to exceed 5 minutes. closed to the American people. campaign finance reform on the floor The Chair recognizes the gentleman To begin with, the explosion of what by July 4, we may just end up a Con- from New Jersey [Mr. PALLONE] for 5 we call soft money has infused more gress of millionaires and not of the minutes. money into campaigns than ever be- people. f fore; nearly $881 million in soft money, Although it is still fairly early in the which is about 73 percent of the in- POLITICAL SYSTEM OVERHAUL session of Congress, there have been crease since 1992. This soft money several good campaign finance reform Mr. PALLONE. Mr. Speaker, for too comes from corporate and other bills already introduced in-house. I just long our political system has been in sources specifically barred from cam- wanted to mention some of them. need of an overhaul. Our political cam- paigns by Federal law, and it has There is a bipartisan bill introduced by paigns last too long, they are too nega- seeped into the system over the years the gentleman from Massachusetts tive, and they cost far too much. Each and is now completely out of control. [Mr. MEEHAN] and the gentleman from year this country breaks the record- Our campaign finance laws need to be Connecticut [Mr. SHAYS] which seeks setting campaign spending of the pre- tightened when it comes to the issue of to implement voluntary spending lim- vious year, and the end is never in soft money. its, lower media costs, and eliminate sight. By some estimates over $2.5 bil- Another problem is independent ex- soft money. This bill is the House ver- lion was spent on the 1996 elections. penditures. Various well-funded inter- sion of the Senate McCain-Feingold Mr. Speaker, clearly the system has be- est groups from either side of the polit- bill that President Clinton endorsed. come obscene. ical spectrum will target their political There is also another voluntary spend- Last week President Clinton came to opponents and spend millions to defeat ing limits bill introduced by my col- this Chamber and he challenged this them. However, these millions will not league from California (Mr. PARR].

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.

H409 H410 CONGRESSIONAL RECORD — HOUSE February 11, 1997 There is even a bill proposing a con- campaign finance reform on track. All Mr. Speaker, I responded the next stitutional amendment to put limits on of us, Democrats and Republicans day by introducing the campaign fi- campaign spending. alike, have a golden opportunity to at nance reform bill, H.R. 600. Now, Mr. Clearly, the membership of this long last correct problems that have Speaker, if you are committed to cam- House is ready to tackle the issue of plagued this system for far too long. paign finance reform, as your hand- campaign finance reform and get a bill Let us not lose it because of stalling shake with the President a year ago passed by July 4, the deadline set by tactics or partisan political games. would lead us to believe, then I would the President. It is my sincere hope, The American people are looking for urge you to take up this call and this Mr. Speaker, that the leadership, the results. Their confidence in our elec- bill and bring it to the House floor. Republican leadership, are ready to tion system depends on it. Mr. Speak- Daily we are greeted with headlines meet the President’s challenge because er, the clock is ticking. in newspapers with stories about ques- I think it is clearly one of the most im- f tionable campaign practices. Regularly portant issues facing this Congress this COMMENDING MILLER WILLIAMS we are confronted by our constituents session. asking for sanity in the election proc- The SPEAKER pro tempore. Under f ess. the Speaker’s announced policy of Jan- Always we are faced with the burden HOUSING HOPE uary 21, 1997, the gentleman from Ar- of our own campaign needs and how to The SPEAKER pro tempore. Under kansas [Mr. HUTCHINSON] is recognized meet them in a way that does not de- the Speaker’s announced policy of Jan- during morning hour debates for 2 min- stroy the faith in the political process. uary 21, 1997, the gentleman from utes. We need campaign finance reform, and Mr. HUTCHINSON. Mr. Speaker, Washington [Mr. METCALF] is recog- we need it now. today I rise to commend a distin- nized during morning hour debates for H.R. 600 is one of the bills introduced guished Arkansas writer and teacher, 1 minute. in this House. It embodies comprehen- Miller Williams, who recently com- Mr. METCALF. Mr. Speaker, Housing sive reform, and it meets the principles posed a poem for President Clinton’s Hope is an organization founded in 1987 of reform that we can all embrace. by a consortium of churches concerned reinauguration ceremony. Mr. Williams, a professor of lit- First it is fair. Real reform does not about homelessness. From its humble erature at the University of Arkansas favor one party over another or one beginnings 10 years ago, it has now be- in Fayetteville is the author of more candidate over another. come a leader in providing affordable than 20 outstanding books of scholar- Second, it reduces the influence of housing to homeless families in Ever- ship and poetry. I can add little to the special interests. Political action lim- ett, WA, in my district. national chorus of praise his col- its, limits on large donors and the Workingcooperativelywithchurches, leagues, students, and readers have al- elimination of soft money can accom- labor unions, banks, corporations, and ready offered. His peers have recog- plish this. government agencies, Housing Hope nized his talent with such prestigious Third, it must be a level playing has launched a $3.2 million housing de- awards as the American Academy of field. That is, campaigns are made to velopment to provide transitional shel- Arts and Letters’ Prix de Rome. be competitive by enhancing spending ter for the homeless, child care facili- In composing a poem for President limits. ties, and permanent homes for low-in- Clinton’s inauguration, Mr. Williams Fourth, there must be access to this come families. This public-private joined the select company of two other body and to this system by nontradi- partnership is a model for the rest of great American poets: Fellow Arkan- tional candidates. Women and minority the Nation. san Maya Angelou and the New Eng- candidates should be able to run as eas- In 1995, for their volunteer efforts on land poet Robert Frost. ily as anyone else. Housing Hope, I nominated members of In his inaugural poem, ‘‘Of History Mr. Speaker, many of us wrote you a a union in my district for an award. I and Hope,’’ Mr. Williams celebrates the letter requesting action on campaign am gratified that the President saw the American tradition of memorializing finance reform within the first 100 days vision Housing Hope is building and our past through stories and songs. I of this session. The President would presented the union with a Presidential congratulate him for his own lyrical like to sign the bill on July 4. Point-of-Light Award. and provocative contributions to our You can make it happen if you are f Nation’s understanding. committed to reform. I am. The ques- tion is, are you? What day will we vote CAMPAIGN FINANCE REFORM I also wanted to say that the people of Arkansas are proud of this contribu- on campaign reform? The Nation is The SPEAKER pro tempore. Under tion. But I also commend him for his waiting for your answer. the Speaker’s announced policy of Jan- contributions to our youth. Mr. Wil- f uary 21, 1997, the gentleman from Cali- liams has spent nearly 30 years helping fornia [Mr. FAZIO] is recognized during CAMPAIGN FINANCE REFORM IN students to examine themselves and 105TH CONGRESS morning hour debates for 5 minutes. the history they will inherit. As he Mr. FAZIO of California. Mr. Speak- suggests in his poem, we cannot con- The SPEAKER pro tempore. Under er, the clock is ticking. trol the future. We can only hope to the Speaker’s announced policy of Jan- Last week in this very Chamber, the equip the next generations with re- uary 21, 1997, the gentleman from Cali- President called for Congress to pass sources that they will need to make fornia [Mr. MILLER] is recognized dur- campaign finance reform by July 4. the right decisions. For helping us in ing morning hour debates for 5 min- The President and, most importantly, this endeavor I offer my thanks and utes. the American people are committed to gratitude to Mr. Williams. Mr. MILLER of California. Mr. meeting that deadline. That is only 143 f Speaker, as my colleagues who pre- days away. History shows us we have ceded me in the well have pointed out, the support to meet that deadline if MORE ON CAMPAIGN FINANCE one of most important items on the the people in charge of the schedule do REFORM agenda of this Congress is campaign fi- not drop the ball. The SPEAKER pro tempore. Under nance reform. Until we are able to re- In the 103d, the 102d, and the 101st the Speaker’s announced policy of Jan- form this system, we will not regain Congresses, the Democrats were able to uary 21, 1997, the gentleman from Cali- the confidence of the American people corral enough votes in both Chambers fornia [Mr. FARR] is recognized during that there is a level playing field in the to pass legislation to fix the system. A morning hour debates for 5 minutes. Congress of the United States for the Presidential veto stopped us once, a Mr. FARR of California. Mr. Speaker, average American and the special in- veto threat stopped us another time last week the President of the United terests. and a Republican filibuster in the Sen- States came to this Chamber, and he Day after day the press reports to us ate stopped it a third time. challenged us to give him a comprehen- of special accommodations that are The burden now rests with the cur- sive campaign reform bill by July 4 of given to those with the most money in- rent Republican leadership to keep this year. vested in campaigns of Members of February 11, 1997 CONGRESSIONAL RECORD — HOUSE H411 Congress, Members of the Senate, system more transparent and open to THE JOURNAL members of the administration and public scrutiny. We ought to move on The SPEAKER. The Chair has exam- members of the opposing party in the that agenda, and we ought to move ined the Journal of the last day’s pro- Presidential campaign. It is very clear with the dispatch of at least what the ceedings and announces to the House that these reports are making the peo- President asked for or what the Mem- his approval thereof. ple even more cynical about our politi- bers of this Congress have asked for, in Pursuant to clause 1, rule I, the Jour- cal system than they are today. the first 100 days. nal stands approved. Our obligation is to report campaign If we do not, if we do not, soon we f finance reform from the House of Rep- will be talking not about campaign fi- resentatives to the Senate at the earli- nance reform for the next election but PLEDGE OF ALLEGIANCE est possible date. The reason we must we will be talking about it for the elec- The SPEAKER. Will the gentleman do that is that, time and again, the tion after that. And what will happen if from New Jersey [Mr. PAPPAS] come delay of consideration of campaign fi- that happens is we will continue the forward and lead the House in the nance reform not only changes the corrosive impact of campaign contribu- Pledge of Allegiance. likelihood that it will ever become law tions on the workings of this institu- Mr. PAPPAS led the Pledge of Alle- but, should it become law, it postpones tion. giance as follows: it through one more cycle of cam- Very often the press likes to talk I pledge allegiance to the Flag of the paigns. about a vote that has been taken and United States of America, and to the Repub- If we do not do campaign finance re- the money that has been given. But we lic for which it stands, one nation under God, form very quickly in the House and in all understand that there are a whole indivisible, with liberty and justice for all. the Senate, pretty soon Members will other series of decisions made. Some f say, it cannot take effect in 1998, it are public and some are not. It is not APPOINTMENT AS MEMBER OF must take effect 4 years from now. And just about what we do, it is not just BOARD OF TRUSTEES OF GAL- then we go through an entire new cycle about the vote we take. It is about the LAUDET UNIVERSITY of the outrageous sums of money that issue not presented to the Congress, it are being lavished on campaigns in this is about the vote not taken, it is about The SPEAKER. Pursuant to section country. the amendment not offered. 103, Public Law 99–371 (20 U.S.C. 4303), That is why we are pleading with the Today too many of those decisions the Chair appoints as a member of the Republican leadership and the Speaker are being influenced by the promise of Board of Trustees of Gallaudet Univer- of the House to schedule campaign fi- campaign contributions or the receipt sity the following Member of the nance reform. The President has asked of campaign contributions in the past. House: Mr. LAHOOD of Illinois. that it be done by July 4. Over 100 We must take that away from this in- f Members of this body sent both the stitution. We must return this institu- APPOINTMENT AS MEMBERS OF Speaker of the House and the minority tion back to a level playing field so BOARD OF TRUSTEES OF HARRY leader of the House a letter asking that that the average person in this country S. TRUMAN SCHOLARSHIP FOUN- we do it in the first 100 days. will have confidence that our decisions DATION b 1245 are made on the level, and that they are made on the merits and not based The SPEAKER. Pursuant to the pro- Two years ago we saw a very aggres- upon who received what money in what visions of section 5(b) of Public Law 93– sive legislative agenda for the first 100 amount to vote one way or the other 642 (20 U.S.C. 2004(b)), the Chair ap- days of that Congress. That Congress on a given issue or not to have an issue points as members of the Board of worked more hours, took more votes considered. Trustees of the Harry S. Truman and passed more legislation in that 100 f Scholarship Foundation the following days, I believe than any other Congress Members of the House: Mrs. EMERSON, in history. RECESS of Missouri, and Mr. SKELTON, of Mis- Now we come to this Congress. Today The SPEAKER pro tempore (Mr. MIL- souri. is the 9th legislative day. We are in ses- LER of Florida). Pursuant to clause 12 f sion today. We have no votes today. It of rule I, the House stands in recess THOMAS ALVA EDISON is the 9th legislative day; however, until 2 p.m. today is in fact the 26th calendar day Accordingly (at 12 o’clock and 49 (Mr. GOSS asked and was given per- of the year. We have chosen to be in minutes p.m.), the House stood in re- mission to address the House for 1 session 9 of those days. cess until 2 p.m. minute and to revise and extend his re- If we comply with the President’s re- f marks.) quest and pass campaign finance re- Mr. GOSS. Mr. Speaker, today is the form by July 4, it will be the 129th cal- AFTER RECESS 150th anniversary of the birth of one of endar day of this session, but under our The recess having expired, the House our Nation’s foremost technology pio- current schedule it will be only the 63d was called to order by the Speaker at 2 neers, Thomas Alva Edison. In Ft. legislative day of the year. I think we p.m. Myers, FL, the site of his winter home can start to see that the Congress is f for some 45 years, we hold the annual meeting less than 1 out of every 2 days. Festival of Light celebrating his re- If we ask that we do it in the first 100 PRAYER markable contribution to modern soci- days, the 100th day would be May 26 of The Chaplain, Rev. James David ety. this year. But if we go under the cur- Ford, D.D., offered the following pray- With more than a thousand patents, rent schedule put forth by the Repub- er: Edison was certainly a prolific inven- lican leadership, the 100th day will be We are aware, O gracious God, that tor, but more importantly his inven- October 14. That will signal that cam- Your Spirit can minister to us in the tions revolutionized our everyday lives. paign finance reform is going to die. depths of our hearts, that Your amaz- The light bulb. The phonograph. Wax We have got to do better than work- ing grace can give us comfort and paper. An electronic voting machine ing every other day or every third day peace that passes all human under- that we use here in-house. As he put it, on behalf of the issue of campaign fi- standing. We pray this day for all those ‘‘I find out what the world needs. Then nance reform. Clearly this is an issue who desire a full measure of Your I go ahead and try and invent it.’’ What where people have studied it for many blessings that they will receive all the a refreshing thought. years. gifts of faith and hope and love. May The enduring spirit of the independ- As my colleagues have pointed out, the fellowship of Your Spirit so live in ent inventor was brought to life by there are many proposals, many of the minds and souls of those who call people like Thomas Edison. I join the which Members of this body can live upon You, that Your will may be done gentleman from Ohio [Mr. GILLMOR] with, many which would improve the on Earth as it is in heaven. In Your today in introducing legislation to au- system, many of which would make the name we pray. Amen. thorize a commemorative coin whose H412 CONGRESSIONAL RECORD — HOUSE February 11, 1997 proceeds will support the historical or- The growth of our Nation’s economy their interest by supporting candidates ganizations dedicated to Thomas can be vibrant and grow if we are only should have the opportunity. I am glad Edison’s legacy. I hope all of my col- willing to allow it to happen. Pass cap- to support the Farr bill which is a bi- leagues will support this bill. ital gains tax reform. partisan approach to real campaign re- f f form. It sets limits. It allows us to ac- cess the telecommunication highways, COMPREHENSIVE CAMPAIGN THE IMPORTANCE OF EDUCATION if you will, to communicate to the pub- FINANCE REFORM (Mr. MCINTYRE asked and was given lic. And, yes, it allows PAC’s that rep- (Mr. PALLONE asked and was given permission to address the House for 1 resent people to participate. Let us permission to address the House for 1 minute and to revise and extend his re- come together by July 4 and give real minute.) marks.) independence and vote for real cam- Mr. PALLONE. Mr. Speaker, when Mr. MCINTYRE. Mr. Speaker, 1 week paign finance reform. the Republicans were in the minority, ago tonight the President underscored Mr. Speaker, I come before the House this they would often challenge the Demo- the importance of education. Edu- morning to urge my colleagues to respond to cratic leadership of the House to imple- cation must be paramount and we must the President's call to enact comprehensive ment comprehensive campaign finance do whatever we can to help our chil- campaign finance reform by July 4 of this reform. We are now in the 3d year of dren which is the wisest investment year. This House in which we are all privileged the Republican majority, and the that we can make for tomorrow. to serve, is the people's House. It belongs to Speaker in fact has only brought one This investment has three callings all of the citizens of this Nation and these citi- campaign finance reform bill to the for us: concern, commitment, and char- zens are calling out to their congressional floor, a bill, and I should mention that acter. First, we should show our con- Representatives to restore their confidence in the Republican leadership knew would cern by contacting our local schools Congress' ability to act for the good of the Na- fail, and did in fact fail by over 250 now and finding out how we can best tion. During the congressional cycle of 1996 votes. I guess the Republicans’ fervent help our teachers. Second, we should be we saw unprecedented amounts of money quest for reform has been tempered by committed. For the last 16 years I have spent on these elections, which only height- the power of being in the majority. gone into the classroom to volunteer ened public cynicism regarding how our de- Campaign finance reform again is not and to work with our kids. Are we as mocracy works. a new issue to this Congress by any business leaders willing to take the If comprehensive campaign finance reform means. In fact, the House had passed a time to go and be role models for our is enacted by the July 4 deadline set by the comprehensive campaign finance re- children? President, American citizens will truly be able form bill when Democrats were in the And third, we should be building to celebrate Independence Day. It will be inde- majority, but, as I mentioned pre- character. Next week in our district we pendence from excessive fundraising by can- viously, this was vetoed by President will have an electronic classroom that didates running for political office. Independ- Bush. will go throughout the whole district ence from outside organizations having such a Last week President Clinton came to to address children and to help bring large and overwhelming impact on the elec- this Chamber and challenged this them together with technology to talk toral process simply because they have spent House to pass meaningful campaign fi- about respect and responsibility, im- huge sums of money. Mr. Speaker, the people nance reform. He made it a priority of portant ingredients for the citizens of of the 18th District of Texas in which I am his administration. He set July 4 as the tomorrow. honored to represent want this House returned deadline. I believe the House can cer- These are the three callings that we to the people. Let's have a real Independence tainly pass reform legislation by then. must answer. We must be ready with Day this year. Let's not let partisan politics get I think it would be a true test of our concern, commitment, and character in the way. Let's enact real comprehensive democracy, and it certainly is a chal- and do what we can do now to help edu- campaign finance reform and have a real lenge we must face this session. cation on the local level. Independence Day. f f f CAPITAL GAINS TAXES RESPONDING TO PRESIDENT’S TRIBUTE TO U.S. AMBASSADOR (Mr. PAPPAS asked and was given CALL FOR CAMPAIGN FINANCE CARL B. STOKES permission to address the House for 1 REFORM (Mr. KUCINICH asked and was given minute and to revise and extend his re- (Ms. JACKSON-LEE of Texas asked permission to address the House for 1 marks.) and was given permission to address minute and to revise and extend his re- Mr. PAPPAS. Mr. Speaker, on my the House for 1 minute and to revise marks.) first day as a Member of Congress, I and extend her remarks.) Mr. KUCINICH. Mr. Speaker, I rise to kept a pledge to the people of my dis- Ms. JACKSON-LEE of Texas. Mr. honor the memory and the accomplish- trict to introduce legislation that Speaker, first let me salute all the ments of U.S. Ambassador Carl B. would improve the quality of their many veterans that I have had the op- Stokes who passed away in 1996 after a lives. My legislation reduces the cap- portunity to see today who are express- long and distinguished career as a po- ital gains tax by 50 percent and seeks ing their views and pay tribute to them litical leader. The world will always re- to eventually eliminate it. certainly for their service to their member him as the first African Amer- All over central New Jersey, I have country. It is for that reason that I rise ican mayor of a major American city. I been told that overtaxation is a huge to talk about giving this House back to will always remember him as a friend, problem. I have had people tell me that the people of this Nation. a confidante, and a mentor who helped they are not going to sell their homes Even though we have heard so much me navigate the rough waters of Cleve- or businesses until Congress acts. talk about campaign finance reform, land politics. People and businesses create jobs, the real question will be whether we Carl B. Stokes was born in 1927, the not the government. Lower capital will be serious as a bipartisan body to son of a laundry worker who died when gains taxes leave more capital in the address this issue. Although I will say he was 2 years old. His mother worked hands of businesses, entrepreneurs and to you that most Americans will say as a domestic. He and his brother, the individuals who create and expand just do a good job, recognizing that Honorable LOUIS STOKES, who serves as businesses and jobs. each individual Congressperson that Congressman, worked in neighborhood A New Jersey painting contractor represents their district does the very stores and delivered newspapers to help was quoted in an article in the Wash- best they can and is assessed by the the family. ington Post as saying: people who vote them in, but they do Over the years Carl Stokes excelled You’re looking at a poor man who thinks want us to come to the understanding in many aspects of life: as a soldier the capital gains tax is the best thing that could happen to this country, because that’s that people control this House and not during World War II; as a middleweight when the work will come back. People say money. boxing champion in 1948; as an attor- capital gains are for the rich, but I’ve never At the same time I think it is impor- ney and investigator for the Ohio De- been hired by a poor man. tant that those who want to express partment of Liquor Control. In 1962, he February 11, 1997 CONGRESSIONAL RECORD — HOUSE H413 became the first black Democrat elect- eral nations of Africa, including Gambia, tion, he leaves to mourn two grand- ed to the Ohio House. In 1967, he be- Zambia, Uganda, Kenya, Mozambique, and daughters, Jevonne Laraija Stokes and Cybil came mayor of Cleveland, serving dur- Zimbabwe. Quinn McBee; a grandson, Cordell E. Stokes, In September, 1980, after eight years as an ing a critical time in the history of my Jr., and his brother and sister-in-law, Louis award-winning broadcast journalist, Stokes and Jay Stokes. Other relatives include a home town. After 4 years as mayor, he returned to Cleveland and to the practice of nephew, Chuck Stokes; three nieces, Shelley moved on to a television journalism ca- law. He became the first Black lawyer to Stokes Hammond, Judge Angela R. Stokes reer in New York City, to election as a serve as General Counsel to a major Amer- and Lori Stokes Thompson. Additionally, municipal judge and finally as U.S. ican labor union—the United Auto Workers, Carl leaves to mourn Linton Freeman, whom Ambassador to the Seychelles. Region 2 and 2A. Stokes also represented Carl considered to be a special cousin and The Reverend Jesse Jackson said Cleveland’s largest city labor union—Labor- dean of the family. He also leaves Wynona about Carl Stokes, all that exists now ers’ Local 1099, among others. Jones, Elizabeth Bowes, Blanche Richards, On November 8, 1983, Stokes was elected as in the political spectrum for African- Katie Walker, and a host of other relatives Judge of Cleveland Municipal Court, Ohio’s and friends, all of whom were special to Carl Americans are seeds from trees that largest court. A few weeks later, on Decem- in his lifetime. Carl Stokes planted. He has left a ber 22nd, his 12 colleagues elected him Ad- f proud legacy to his family, to the ministrative Judge of the Court. And on Jan- Cleveland community and to America. uary 9, 1984, his fellow-judges elected him as SUNDRY MESSAGES FROM THE OBITUARY OF U.S. AMBASSADOR CARL B. their Presiding Judge. Never before had a PRESIDENT STOKES freshman judge been elected Administrative/ Presiding Judge of the thirteen-judge Munic- Sundry messages in writing from the Carl Burton Stokes died on April 3, 1996, at ipal Court. He served two terms as head of President of the United States were the age of 68, following a battle with cancer. the Court. communicated to the House by Mr. With his passing, America mourned the loss Ambassador Stokes’ election was a bench- Sherman Williams, one of his secretar- of one of its most famous sons. Ambassador mark in American history since few Ameri- Stokes may be one of America’s most vivid ies. cans—and no other African American—has f examples of how this nation has responded to ever been elected to the legislative, execu- the drive for success by the members of what tive, and judicial branches of government in b 1415 was only one hundred and thirty-three years our nation. ago an enslaved group of people. Ambassador Carl Stokes was born on June 21, 1927, in SPECIAL ORDERS Stokes’ life has been one of a series of Cleveland, Ohio. He was only two years old The SPEAKER pro tempore (Mr. ‘‘firsts’’ for African Americans. America’s when his father, Charles, a laundry worker, first Black mayor of a major American city LATOURETTE). Under the Speaker’s an- died. His widowed mother, Mrs. Louise nounced policy of January 7, 1997, and became the first African American ever to be Stokes, supported her two sons by working elected to all three branches of govern- as a domestic and for a time the family was under a previous order of the House, ment—the legislative, the executive and the on public assistance. He and his older broth- the following Members will be recog- judicial. er, Louis, who is now in his 14th term as nized for 5 minutes each. In November, 1962, Stokes became the first Ohio’s first Black U.S. Congressman, aug- The SPEAKER pro tempore. Under a Black Democrat in the history of the State mented the family income as newspaper car- previous order of the House, the gen- of Ohio to be elected to the Ohio General As- riers for the Old Cleveland News, and by tleman from Michigan [Mr. SMITH] is sembly. He was re-elected in 1964 and 1966. At working in neighborhood stores. Congress- recognized for 5 minutes. that time, members of the Assembly were man Stokes is the senior member from the elected county-wide. Cuyahoga County’s pop- Ohio delegation to Congress and is the rank- [Mr. SMITH of Michigan addressed ulation was only 14% Black. Stokes remains ing minority member of the Appropriations the House. His remarks will appear the only Black Democrat ever elected coun- Subcommittee on Veterans Affairs-Housing hereafter in the Extensions of Re- ty-wide to the Ohio State Legislature. and Urban Development-Independent Agen- marks.] On November 13, 1967, Stokes attracted cies. f international attention when he was sworn Once a high school drop-out, Ambassador in as Mayor of the City of Cleveland—the Stokes has received honorary doctorate de- TRIBUTE TO HERB CAEN first Black mayor of a major American city, grees from 14 colleges and universities population 810,000. Since Cleveland was only around the country. He has been a visiting The SPEAKER pro tempore. Under a 37% Black at that time, it also marked the lecturer at academic universities and busi- previous order of the House, the gentle- first time an African American has been ness institutions throughout the United woman from California [Ms. PELOSI] is elected mayor of a predominately white States, Trinidad, Haiti, Puerto Rico, the Ba- recognized for 5 minutes. major city of this nation. hamas, England, France, Germany and Italy. Ms. PELOSI. Mr. Speaker, they say In that election, Clevelanders selected On Tuesday, November 2, 1993, Stokes was that a picture is worth a thousand Stokes, the grandson of a slave over Seth re-elected to a third six-year term as Judge words, and in this visual era that we Taft, the grandson of a United States Presi- of Cleveland Municipal Court. dent. Subsequently, Mayor Stokes was asked On Friday, August 26, 1994, President Bill live in that has never been truer. But by the White House to represent the United Clinton appointed then-Judge Stokes as his words have power, too, and a name, States on goodwill trips to Europe. As such, Ambassador Extraordinary and Pleni- Herb Caen, to our community was he was received by many heads of state, in- potentiary of the United States to the Re- worth 1,000 words every single day for cluding nations where relations were public of the Seychelles. In this post, Carl nearly 60 years, mostly with the San strained, such as Romania and Yugoslavia. was given the opportunity not only to serve Francisco Chronicle. He was also sent to the Caribbean on mis- the United States in a diplomatic position, Last week we suffered a great loss in sions to Puerto Rico, the Bahamas, Bar- but he also derived the satisfaction of dis- our community with the passing of bados, and Trinidad. His visit to Israel re- playing his professional qualifications in an sulted in a friendship with Mayor Teddy international forum. Carl served as Ambas- Herb Caen. It was a tremendous loss for Kolleck of Jerusalem that endures to this sador to the Republic of Seychelles until the the entire Bay area community. In- day. time of his death. deed, Herb Caen gave us our sense of In 1970, the 15,000 member National League The passing of Carl Burton Stokes brings community with his sense of humor. of Cities, composed of mayors and city and to close a life of love, commitment and inspi- But 1996 was a great year for Herb. It county officials from throughout the nation, ration. He was a leader, a visionary, a role was the year he turned 80, it was the unanimously voted Stokes as president-elect model, and above all, a pioneer. His feat of year he got married, it was the year he to head their organization—the first Black becoming America’s first Black mayor of a official ever to hold that office. major American city changed the landscape was awarded the Pulitzer prize, and it Having completed two terms as mayor, of American politics. But above all, Carl was was the year that our community rec- Stokes decided to end his political career proudest of the fact that he was the first ognized him at Herb Caen Day. This and begin a new one in broadcast journalism. Black American to acquire the political special day was put on by Willie In April, 1972, Carl Stokes became the first power to break down barriers and open un- Brown, the mayor of San Francisco, Black anchorman to appear daily on a tele- precedented opportunities for minorities. and our Chief of Protocol, Charlotte vision news program in New York City. At This will stand as a legacy and lasting trib- Maillard, and over 75,000 people turned NBC’s flagship station, WNBC–TV, Stokes ute to a remarkable individual. out to pay tribute to Herb Caen and to also served as urban affairs editor and was Left to mourn Carl’s passing is his loving often assigned to the United Nations where wife, Raija Stokes; two sons, Carl B. Stokes, name an over-3-mile stretch of street he interviewed many heads of state and Jr., and Cordell E. Stokes; a stepson, Sasha in San Francisco Herb Caen Way. other foreign dignitaries. Additionally, as a Kostadinov; and two daughters, Cordi D. Seventy-five thousand people, joined correspondent, he traveled throughout sev- Awad and Cynthia Sophia Stokes. In addi- Walter Cronkite and Joel Grey and H414 CONGRESSIONAL RECORD — HOUSE February 11, 1997 other figures, celebrities, many in the the House for 1 minute and to revise We used this chart for the first time sports arena, politics, the arts, show and extend her remarks.) or this picture for the first time in 1996 business in paying tribute to Herb. I do Mrs. McCARTHY of New York. Mr. when we talked about the crisis that not know of any other person, living Speaker, I have spent the last week this Nation was facing in welfare. Be- person, who has had such a tribute, traveling throughout my district in cause what we had done in welfare is who can make that claim. Mineola, Garden City, Uniondale on we had moved decisionmaking away His funeral took place this past Fri- Long Island, and meeting with hun- from the local level, where we were day, and thousands of people attended. dreds of children. I have visited their best equipped to help those in need, In the evening there was a candlelight classrooms, met their teachers, and and we moved it to Washington. march after work for the many people watched them work on computers, lis- We moved it to buildings here in who could not take time off during the tened to their lessons and heard them Washington, so that when the State of day, along Herb Caen Way, to honor read their books. Michigan or when the State of Wiscon- him. It is very hard to explain to our These children are full of enthusiasm sin wanted to design a program that colleagues a person so special that tens and spark. They want to learn and they they felt best met the needs of their of thousands of people would turn out are enjoying it. These are visits that citizens, they had to come to a building for him in life and in death, but he have made more clear to me that our over here and a bureaucrat in Washing- lived as he had died, surrounded by children are one of our Nation’s most ton, who had maybe never been in Wis- friends. precious resources. consin, maybe never been in California, So I once again on the floor of this I saw a bumper sticker recently that maybe never been in Michigan, and say House want to extend my deepest sym- said, ‘‘I touch the future. I teach.’’ In ‘‘Can I do this in my State?’’ And the pathy to Herb’s wife, Ann Caen; his Congress we can also touch the future bureaucrats in Washington were em- son, Christopher; and Stacy, Steven by improving our educational system powered to make the decisions. and Catherine. It is a very difficult and making college more affordable for Yesterday I had the opportunity to time for them and for all of San Fran- working families. And those who meet with a new program in the State cisco, the area which considered itself choose not to go to college, let us not of Michigan, where in my home county part of Herb’s family. forget them. We want to make sure they are working on what they call Our mayor, Willie Brown, said it best that they have good and well-paying Project Zero, which is to move every- when he said Herb Caen is irreplace- job opportunities. body off of welfare. It is a partnership. able. Again, as I say, because he was so Let us pass President Clinton’s 8- It is a partnership between local agen- special, it may be hard for our col- point educational plan, which includes cies, it is a partnership with the State, leagues to understand the esteem in a $10,000 tax deduction for tuition and and it is a partnership in a volunteer which he was held. The mayor called training as well as a plan for 2-year, way with faith-based institutions to him irreplaceable. I will borrow the $1,000 Hope scholarships. It is impor- reach out and embrace those families words of W.H. Auden, with some poetic tant for our children’s future. Let us do that need help and to lift them up in a license, to try to give expression to the it. permanent and in a meaningful way off sadness of our community on the death f of welfare. of Herb Caen: Those are the kinds of programs that ANSWER TO EDUCATION I expect we will see over the next 12, 18, Stop all the clocks, cut off the telephone, PROBLEMS NOT IN WASHINGTON prevent the dog from barking with the juicy 24 months that will have a dramatic bone, silence the pianos and with muffled The SPEAKER pro tempore. Under improvement in the welfare situation drum bring out Herb’s friends, let the the Speaker’s announced policy of Jan- in this country. mourners come. uary 7, 1997, the gentleman from Michi- Now, after we have made that change Let airplanes circle moaning overhead, gan [Mr. HOEKSTRA] will be recognized in welfare, which moves power back scribbling on the sky the message he is gone. for 40 minutes and the gentleman from from Washington, back to the States Put crepe bows around the white necks of Florida [Mr. MCCOLLUM] will be recog- and, more important, back to the local the public doves, let the traffic policemen nized for 20 minutes as the designees of communities where we can have these wear black cotton gloves. He was, in our community, he was our the majority leader. creative mergers of people coming to- North, our South, our East and our West, our The Chair recognizes the gentleman gether to help others in the commu- working week and our Sunday rest. Our from Michigan, [Mr. HOEKSTRA]. nity, we find that the President does moon, our midnight, our talk, our song; we Mr. HOEKSTRA. Mr. Speaker, today not really believe that the era of big thought that he would last forever, but we we continue a discussion that began in government is over. He now believes were wrong. 1996. It deals with this city. This is a that the era of big government has The stars are not wanted now; put out picture of Washington, DC. And it deals moved from a failure in welfare, and it every one: Pack up the moon and dismantle with what we really can expect Wash- is kind of like we did not learn our les- the sun; pour away the ocean and sweep up ington to do and the kind of balance the woods: for nothing can ever come to any son: We are going to take that bureauc- good. that we need to strive for in this coun- racy now and create and expand the try between what we expect from I do not agree with that last line. Department of Education. Washington, what we expect from the Over the last 9 months we have had Herb would certainly want his leaving private sector, what we expect from in- hearings around the country, and we to come to some good. dividuals, and perhaps what we can ex- know that that model does not work. On his Herb Caen Day he said when pect from faith-based and religious and We know that the model of moving he died and, hopefully, went to heaven, volunteer organizations in America. power to Washington and moving when he got there he would say of In many cases, I believe we have power to bureaucrats in Washington is heaven ‘‘It ain’t bad but it ain’t San moved too much power to this town. not the answer. These bureaucrats are Francisco.’’ We have asked Washington to do all knowledgeable, talented people, but The SPEAKER pro tempore. Under a kinds of things that perhaps it is not they cannot address the problems at previous order of the House, the gen- best equipped to do. We saw some of the local level. tleman from New Jersey [Mr. Saxton] this last week when we heard the In hearings that we have had in New is recognized for 5 minutes. President articulate a vision for edu- York City, that we have had in Chi- [Mr. SAXTON addressed the House. cation, a vision that I believe moves cago, that we have had in Cleveland, His remarks will appear hereafter in power, authority, and control from the that we had a couple of weeks ago in the Extensions of Remarks.] local level, from the parental level Los Angeles and Phoenix, the answer is f back to this community, back to this very clear. The way that we improve town, and it says the way we improve education is we empower parents, we TOUCH THE FUTURE: INVEST IN education in America is we empower move decisionmaking back to the local EDUCATION Washington and we empower the bu- level, we focus on basic academics, and (Mrs. McCARTHY of New York asked reaucrats in Washington to make deci- we drive dollars back into the class- and was given permission to address sions. room and not into a bureaucracy and February 11, 1997 CONGRESSIONAL RECORD — HOUSE H415 into bureaucrats, as well-meaning as tions from Washington and from the grant applications in the Department they may be. State so that the teachers and the ad- of Education the process went through The system today is fairly clear and ministration can focus on the kids 487 different steps to move dollars from what the President proposes is fairly rather than the rules and regulations, Washington actually back to a school clear. It is the myth. It is the myth of it works. When the dollars go into the board, back actually to the kids. the magical President who believes classroom rather than into paperwork, Washington then sends money to a that by having good intentions in it works, and when the schools are fo- school board or to a local school dis- Washington and outlining wonderful- cusing on basic academics, it works. trict. Of course, we cannot trust the people at the local level to do what we sounding programs, and moving dollars b 1430 to Washington and moving responsibil- ask them to do, so of course we have ity to Washington, we can actually Here is the system today, and here is rules and regulations and we have re- solve the problems that we have in edu- why I am leery about sending more porting structures back into Washing- cation. money to Washington and why I be- ton that says, ‘‘Yes, we received your There is no doubt that in certain lieve it is a myth and why I believe money,’’ and ‘‘Yes, here is proof that parts of our country education is in that in the area of education, at least we spent it exactly the way you wanted crisis, if we take a look at some of the in Washington, more does not mean us to.’’ We in Washington, of course, statistics. This is not a debate about better. cannot believe those, so we have to put whether we need to improve education Remember what we have in Washing- in place an auditing program that says, or whether we need to put a focus on ton today when we say education. ‘‘Make sure you keep your records, be- education. The statistics are clear: Washington has been trying to help in cause we may want to come back and One-half of all adult Americans are the area of education for the last 20 audit that you actually spent the functionally illiterate. years. Twenty years of work, 760 dif- money the way we intended you to Two weeks ago we had a hearing in ferent programs running through 39 spend it.’’ California. Think about it: Twenty-five different agencies, spending about $120 The bottom line is when parents send percent of the students that enter billion per year. Washington has been $120 billion to Washington and they higher education in the State of Cali- going after this problem, but we have funnel it through the 760 programs that fornia need remedial education. This is not been doing it very successfully. we lose at least, conservatively we lose kids in 8th grade, this is kids in 10th Why? What is the process? Well, we at least 15 cents of the Federal dollar. grade, these are kids going into higher start with parents, which is where we If you take a look at how much we lose education. Twenty-five percent of should start. We should have focus on at the State and the local level as they them, when they enter the institution parents and kids. But when we move go through the process of applying and of higher education, need remedial edu- the education system and the focus of meeting the rules and regulations in cation. education to Washington, we end up the local cost, we probably lose some- What does that mean? That means getting a whole bunch of layers in be- where in the neighborhood of 35 to 40 that they are entering into college and tween parents, kids and teachers and cents of each and every education dol- they cannot read or write at an 8th local school boards. lar that goes to Washington to funnel grade level. Sixty-four percent of 12th In Washington, in this model that it back. graders do not read at a proficient some want to expand, we have parents We are not getting the money into level. In international comparisons paying into Washington about $120 bil- the classroom. Most of this money or a U.S. students scored worse in math lion, into Washington programs, into good portion of it, probably 35 to 40 than any other country except for Jor- Washington bureaucracies, 760 different percent of the dollars that we think we dan. programs. We are worried about read- are investing in education, gets sucked If we take a look outside of this ing and writing? Washington, a couple up into the bureaucracy and into the building in Washington, DC, it is also of years ago, had 32 different literacy paperwork, and what happens is rather not an issue of money. We spend about programs. We still have more than 14 than school boards focusing on and $8,300 per child in the city of Washing- literacy programs. $120 billion into 760 working with parents as to what they ton, DC, and we have some of the low- programs, 39 different agencies. need to do in their local district, what est test scores in the country. In the Then the Washington bureaucracy, we have created is a model that says, State of Michigan we spend about all the arrows point one way in terms kids are important, but I need to meet $5,400 per student. So it is not let us of putting rules and regulations and the rules, the requirements and the pour more money into these programs dollars back on State and local school regulations from Washington. So their or into these cities, it is let us focus on boards, but what happens when we cre- focus goes to a bureaucracy in Wash- the basics. ate a program? If you create a pro- ington and not to parents and not on When we have gone around the coun- gram, somebody has to find out about kids. try, the exciting thing that we have it, so we spend dollars communicating We have got to break the cycle. We noticed is that we can go into many to a school board or to a State saying, have to focus on what is important, the areas that we would identify as having ‘‘We’ve got these dollars available for basics, local and parental control and at-risk kids, the kids that maybe when these kinds of programs.’’ getting dollars into the classroom. We we take a look at their environment So we invest dollars in a communica- need to focus and we need a model and a whole series of factors we might tions effort. School boards find out where the people who are involved in be saying they are at risk, and they are about it; they do not automatically get education and setting the direction for at risk because maybe they are in an it. They have to now say, ‘‘I wonder if education for our kids are parents, environment where it is most difficult we qualify for this? What do we need to kids, and local leaders in the commu- for them to learn. The exciting thing do to qualify for this? How do we nity. about this is, as we go into these areas apply?’’ I can say that with conviction be- we see schools, we see teachers and we They then fill out applications, and cause of the success we have seen see parents and, most importantly, we it goes back to the bureaucracy. The around the country. We visited the see some of the greatest kids in this bureaucrats in Washington say, ‘‘Well, Vaughn Charter School in L.A. 2 weeks country, and they are learning and you know, we’ve got x amount of dol- ago, south central Los Angeles, one of they are learning successfully. lars, we’ve got so many school districts the lowest performing schools when it But it is because of the schools, and applying. We’re going to have to go was part of the Unified Los Angeles it does not make a difference whether through a sorting process to decide School District. It is now a charter it is a public school or a private school who gets this money and who does school. It is still a public school. It is or whether it is a charter school. We not.’’ still accountable to the taxpayers. But have seen examples of all of these, but So they go through a decisionmaking what they did when they became a when the schools make a commitment process in the awarding of grants. The charter school, they cut the strings of to involve the parents, where they have Vice President’s National Performance bureaucracy. Dr. Chan, who is heading been freed from the rules and regula- Review outlined that in one of these that school, saved the school district, H416 CONGRESSIONAL RECORD — HOUSE February 11, 1997 and the number is a little bit disputed, tional and Community Service. Na- b 1445 but somewhere in the neighborhood of tional and community service. It If they are good programs and they $1.5 million. But more importantly, sounds great. Our volunteers through are working, why are we not putting talking to the parents, talking to the the Corporation for National Service more money into those programs? If kids, going into the classrooms, sitting cost us as taxpayers about $27,000 those programs are not working and we around a table and talking about what apiece, or as high as $27,000. They are do not feel we should be putting more makes this school different today, the going to go out and they are going to money into them, but we should be parents, Dr. Chan, and the students are get tutors. I think that is a laudable going in this new route or in a different all saying it is because this is the objective. Schools are doing this today. route, why do we not take a look at model. Community groups are involved, and I eliminating those programs and get- The model is one where the school, am not sure what the Federal Govern- ting true effectiveness into the system? the principal, and the teachers have a ment can do to help and assist in that But no, the proposal that we have in partnership with the parents, and they process. front of us is more bureaucracy in are focused on the kids. Parents talk We fund and send money through the Washington, not critically evaluating about we got our school back. As a Corporation for National Service, and the programs that we have in place. matter of fact, it is now a neighbor- it would be one thing if we knew where Well, that is not going to work in hood school. The kids in this neighbor- now another roughly $1 billion going this Congress. hood were being bused all over. The into this model, we know we are going We do have in place a program which kids now have the choice of where they to lose some of that in the structure we call Crossroads in Education. The want to go to school. They are now and in the hierarchy and in the bu- Crossroads in Education project that is going back to this school. They not reaucracy. We also know that, at least coming out of the Committee on Edu- only took control of the school back for the Corporation for National Serv- cation and the Workforce is going to for the parents, but it is now a neigh- ice and for many of these other agen- do, and is in the process of doing, a borhood school and in a very rough cies, we are not actually going to know critical analysis of these 760 programs. part of Los Angeles. It is kind of like a where the money goes. We want to find out where the dollars bright beacon in that community The Corporation for National Serv- go; are they getting results or are they about what a local community can do ice, this is an agency that spends about not getting results; how can we make when it cuts the strings from a bu- $600 to $700 million per year. The books them more effective; and what is work- reaucracy and is empowered to take still are not auditable. Think about it. ing and what is wasted in education over a small part of its own commu- Sending taxpayer dollars to an agency today? nity, and it is empowered to take over that was set up and was going to be the So what does that mean? It means a very important part of its commu- model for a government agency and that the first step is last year we asked nity, which is the schools. how government should run but cannot the question: How many programs are There are a couple of other interest- have an independent accounting firm there? Nobody had ever asked that ing statistics when we talk about what come in and audit its books. question before. We did some work, we happens when dollars go into Washing- did some research; some other outside That is one example. The Heritage ton. organizations, some parts of the execu- Foundation cites a number of other ex- We know we lose at least 15 cents tive branch helped us. They said 760 amples that says these 760 programs do here in Washington and we know that programs, 39 agencies—actually the 760 not have the kind of oversight nec- we lose at least another 20 cents when is a little old. Since that point in time essary to determine whether they work you go to the costs incurred by the they have identified about a hundred and where the dollars are going and local schools and the State, but it is more programs that we have. So it is whether they are efficient or not. Is it kind of interesting how these dollars somewhere in the neighborhood of 850 not interesting that we know we have a get distributed. Dollars do not follow to 900 programs that we really have in problem in reading, we know that our kids. Dollars go all over the place. Washington. If you are in Alaska, sending dollars kids are not reading at competitive But we are now going through and we to Washington and increasing the standards, that in certain States a high are asking what is the process; how is Washington bureaucracy is a good deal, percentage of them need remedial edu- this money distributed; what are the because even though you maybe lose 40 cation, and rather than focusing on the actual links back and forth between a cents of every dollar you send to Wash- real problem as to why kids are not bureaucracy and the State and a local ington, with Alaska, when you send $1 learning in the classroom, the response school board; how are people awarded in, you get $3.12 back. So the dollars in Washington is to create another pro- and granted dollars; what is the largest coming in, the share back to you is gram. grant request you get or that you gave very positive. It is a disproportionate We have known that this has been an out; what is the smallest? share back to Alaska. issue. We have got 14 literacy pro- We found a grant request for safe and If you are in Connecticut, it does not grams. And now what we are doing is drug-free schools. The school district really pay. Connecticut gets all of 39 we are funding an overlay of perhaps went through all of the work, a very cents back to that State. If you are in volunteers reading 2 hours per day or 2 thick application, and I will tell you Mississippi, you get $2.41, if you are in hours per week with students, but we they got their money’s worth. They got New Mexico, you get $2.34. If you are are not asking the fundamental ques- a grant for $13. The Government cannot close to New Mexico, in Nevada, too tions as to why are kids not learning to even write a check for $13, but that is bad, you only get 39 cents back. read in the classroom. what the school district got. Maybe So it is a huge shell game in Wash- Is there something going on in the that went out and would have paid for ington that is not focused on kids. It is classroom that is prohibiting kids from lunch for the person who spent consid- not focused on improving education. It learning? Why do we not take a look at erable time putting this grant request is focused on bureaucrats and politi- what is going on in the classroom be- together: $13 for a school district to de- cians trying to do something that real- fore we do anything else, and maybe velop their safe and drug-free school ly parents and local school districts moving dollars into the classroom is a program. can do a whole lot better. more effective way of addressing this Think of the costs that went in. We As we take a look at this, this sys- problem than putting another Band- are doing that. What is the largest and tem does not work, when we take a Aid on an open wound. Maybe we ought the smallest grant request you got? look at what is going on and some of to go back and take a look at the 14 lit- What do these grant requests look the proposals that the President has to eracy programs that are already spend- like? Are they 2 pages, are they 50 improve learning, to improve edu- ing over $8 billion per year from a pages? In some cases we found that cation. It is interesting, one of the pro- Washington level and saying, why are they may be a thousand pages. How posals he has, and I have oversight over those 14 literacy programs not driving much time and energy? What happens this area, is the President proposes $809 the kinds of results that we would like to the grant requests when they come million for the Corporation for Na- to have? to Washington? How are they sorted February 11, 1997 CONGRESSIONAL RECORD — HOUSE H417 through? Who reads them? You then go that is what you have to pay. In other those models of success, we can learn back and you take a look at when the projects where you do not have Davis- what the characteristics are, and we grants go out, how much paperwork? Bacon, we go through this kind of com- can then tailor Federal policies and The statistics I believe that we had plex way of determining how much a rules and regulations, or whatever, to in our hearing in Arizona 2 weeks ago project will cost. It is called competi- empower that kind of change and re- was that of the 6 percent—let me find tive bidding. School districts cannot form to happen at the local level. the exact quote—this was from Lisa competitively bid. They have to pay And what we learn is very simple: Graham Keegan who is Arizona’s super- Davis-Bacon wages. Parents, basics and getting dollars into intendent of education—said, I will say So in effect, when you go on a con- the classroom, empowering parents in- that the 8 percent Arizona receives struction project with Federal dollars stead of empowering bureaucrats, dol- from the Federal Government easily or partially funded with Federal dol- lars to kids, not to bureaucracy, fun- accounts for more than 50 percent of lars, you lose again about 15 percent of damental basic education, not the lat- the work in my department and school your purchasing power by being re- est education fads; it is a key issue, it districts. quired to pay the wages established is an important issue. It is going to be The paperwork. They receive 8 per- here in Washington versus what you a vigorous debate. I think in the end cent of their money—remember this may be able to get in a competitive kids and parents will win, and politi- $120 billion is only about 5 or 6 percent bid. cians and bureaucrats in Washington of what any school district gets, but on I enjoy the discussion about the will lose. That is the system that a national average some get more, HOPE scholarships. Making education works, that is the model that we will some get less. Here in Arizona it is available to more students on a longer build on, and that is the direction that about 8 percent of their total dollars basis I think is a worthwhile goal, say- we need to go. come from Washington and about 50 ing that Washington is now going to f percent of their paperwork. Is that a provide scholarships for those that good investment? What do bureaucrats maintain a B average. PROPOSING A TERM LIMITS in Washington really know about what The IRS today cannot track our in- AMENDMENT TO THE CONSTITU- needs to be done in Arizona? come tax system, our Income Tax TION OF THE UNITED STATES So what is the paperwork that goes Code. Just think of what wonderful The SPEAKER pro tempore (Mr. back and forth? We have had meetings, work they are now going to have also LATOURETTE). Under the Speaker’s an- and we asked superintendents to tell us trying to match tax deductions with nounced policy of January 7, 1997, the about their paperwork, and one of the information from schools indicating gentleman from Florida [Mr. MCCOL- things that they keep coming back that, yes, these people did maintain a LUM] is recognized for 20 minutes as the with is, we appreciate the money we B average and that B averages across designee of the majority leader. get from Washington. In some cases it the country are consistent, so that the Mr. MCCOLLUM. Mr. Speaker, I does some good and we can work in same B that you get in Michigan is come today to speak about a subject those areas. But the real problem is equivalent to a B that you get in Ari- that will be greatly debated tomorrow when we take a look at our local school zona. on the floor of the House; that is, term district and we take a look at the It is going to create a lot more work limits. I am the author of House Joint needs that we have. If we had more for bureaucrats, and it is going to move Resolution 2 which will be out here on flexibility to use that money in dif- a lot less money into the classroom. the floor. It is the term limits amend- ferent ways, we would spend it in dif- The evidence is clear. We need to ment for 12 years in the U.S. Senate, 12 ferent ways than what you are mandat- focus on education, but more compel- years in the U.S. House, something ing that we spend it on. ling is the case that rather than in- that better than 70 percent of the So we know that this process is not creasing and building and expanding American people in principle support. an ideal process. Fifty billion dollars of this city in Washington, the keys to The issue that will be before us will more spending in Washington is not improving education is moving dollars be a historic debate, the second time the way to improve education. Spend- and power away from this city and that we have heard the subject of term ing $50 on education may be a worth- moving it back to parents, moving it limits debated in the Congress of the while effort. It is probably a good exer- back to local school boards and empow- United States. First time was in the cise. Spending it at the State and the ering teachers. 104th Congress, 2 years ago when this local level, where you have more con- It is not only school boards. It is amendment that I offered received 227 trol and direction about what you need teachers that want control of their votes, which is a simple majority, more in your community, and actually get- classroom. It is the parents that want than a simple majority because 218 is ting the dollars into the classroom their schools back. They do not want that, but not enough to reach the re- probably makes a lot more sense. to come to Washington to take a look quired supermajority of 290 votes to Recognize that when we spend and or to fight for what they want to do in pass a constitutional amendment in say we are going to spend $50 billion in their classroom. They want control of the House. Washington, maybe only 25 to 30 billion their schools. They know specifically I am hopeful that when we conclude will actually make it back into the what they need for their kids and their the debate tomorrow that this amend- classroom. Twenty billion is going to community. ment will receive more than the 227 get lost somewhere else in the process. The needs of this country are so di- votes it received last year, that we will A couple of other proposals that the verse. We need to be able to have the be further progressing toward the 290 President is talking about that I think flexibility to tailor the programs for votes that we need for the ultimate need serious consideration: talking our kids from one city and one commu- passage of this amendment, even about school construction. As soon as nity to the next, and we need to em- though I have no illusions that we have we put in Federal dollars, any amount power parents. yet to reach the numbers in the House of Federal dollars, into a local school That is not a concept or a theory. We who support term limits sufficient to construction, Washington will come in know that it works. Take a look at the actually pass this amendment tomor- and mandate what contractors need to schools that are working, take a look row. be paid on an hourly basis for the work at the schools that are excelling, and I am hopeful that the debate will be that they perform in your school dis- that is the bright spot in the picture in centered primarily upon the divisive is- trict. It is called Davis-Bacon, man- education. sues that normally we debate here; dated from Washington what you will Yes, there is some bad news, there is that is, those who favor a differing pay. We have an elaborate system in some information that says we ought length of term and those who favor no the Department of Labor that is not to be worried about this and that in term limits at all. very good but that tries to track wages some parts of the Nation education There are those who favor 6-year in thousands of different communities may be in a state of crisis. But the House terms and 12 years in the Sen- around this Nation, in a number of dif- good news is that we can look at mod- ate, and I respect that view. There is ferent construction categories, and els of success and we can learn from certainly a difference of opinion we can H418 CONGRESSIONAL RECORD — HOUSE February 11, 1997 all share. I personally think that 12 that the column in its entirety appear States Term Limits’ 6-year limit. Not and 12 is far superior. For one thing, if in the RECORD, Mr. Speaker. only that, but there are nine separate we are going to limit the Senate to 12 I do want to quote from one of those: States that have passed this particular years and the House to 6, we are going United States Term Limits is a bellicose initiative, and each of the States has to wind up giving the Senate more advocate of term limits, and, like fanatics some different language in it, which is power than the House in conference through the ages, it fancies itself the sole le- why we are going to have a series of committees and elsewhere, and I do not gitimate keeper of the flame of moral purity. nine votes, in addition to the base bill However, it has actually become the career think that is smart. I think we need a politician’s best friend. That is why it was and Mr. INGLIS’ and perhaps a couple of balance between the two bodies. We opponents of term limits who invited a U.S. other amendments out here tomorrow. need to have a symmetry. There should Term Limits spokesman to testify at recent The States of Alaska, Arkansas, Col- be the same length of term limits with House hearings on the subject. Opponents orado, Idaho, Maine, Missouri, Ne- respect to the House as there is with understand that U.S. Term Limits’ obscu- braska, Nevada, and South Dakota the Senate. rantism, dogmatism and bullying embar- have all passed an initiative that Unit- So that is why I for one think the 12 rassed the cause. ed States Term Limits sponsored re- and 12 is better than a 6 and 12 or an 8 Frankly, they do more than embar- garding the 6-year-term limit for the and 12 limit process. rass the cause. In their effort to have House and the 12-year for the Senate, I also happen to believe that 6 years their way or no other way, they have but each one has some subtle dif- is frankly too short in the House. I done a lot of damage to the cause. ference, and if you do not follow their think there needs to be time in grade, They have embarked in the past on a instruction precisely, if you are a if you will, time to learn and time to course of attacking term-limit sup- Member of Congress from the particu- gain knowledge in this very complex porters. In the last Congress they pro- lar State in question and you do not government that we operate, to learn duced television commercials and ran offer and get an opportunity to vote for the subject matters that we have to them in a number of districts of term- precisely the language that was put on deal with before a Member becomes the limit supporters who supported some- the ballot in those States and passed, chairman of a full committee or as- thing other than their preferred ver- then you get this scarlet letter beside cends to a major leadership post in one sion, which is the 6-year House limit your name on the next ballot when the of the political parties running this and the 12-year Senate limit. They next election comes around. It is abso- body. And I do not believe, having been took the position that if you were will- lutely designed to gridlock this body here a few years, that 6 years is long ing to compromise to actually pass a over the issue of term limits, not help enough for a Member in most cases to term-limits amendment, and that it pass it. acquire that kind of knowledge and meant looking for proposals other than Therein lies the whole problem. For that experience that we would like to the 6-year House limit, then you in- good reason, many Members do not see; and to support a lesser term than curred their wrath. Their view is that want to appear to be against term lim- 12 years is to support something that is 12 years in the Senate is fine, but they its. So in order to avoid the scarlet let- subject to the criticism of those oppo- declare that a greater limit than 6 ter, Members from these States that nents objectively who oppose term lim- years in the House is worthless and the have passed the initiatives, who sup- its altogether. Congressman who votes for a 12-year port term limits in general, will vote House limit is hypocritical. against the one bill, a 12-year limit in b 1500 How inconsistent and reckless that the House and Senate, that has a But that is a fair argument to have. is. It is really quite reckless, in fact. chance of ever passing the House, much Men and women of differing persua- They have turned on the prime sup- less the Senate. Instead of working to sions will come to different conclusions porter of 6 years, Mr. INGLIS of South pass term limits, the United States about these things, and I look forward Carolina, and criticized him. He is part Term Limits’ initiatives are actually to that debate. of their Rogue’s Gallery, now on the reducing the number of votes for term What bothers me more than anything Internet, if you want to look it up, and limits in the House. How ironic that is. else, though, is that there is a group yet he is a strong advocate and will Here is how this scam works in one working supposedly for term limits out probably offer the 6-year House version particular illustration. In Idaho, one of there that may in fact be in the process here tomorrow. the nine States that passed the initia- of destroying the effort we are making; The reason they turned on him is be- tive, the actual United States Term may in fact be so intent upon getting cause when the 6-year version came up, Limits initiative text runs 2,286 words. their way or no other way that in the way short of getting anywhere near the That is four pages of single-type space. end they gridlock this body and we number necessary to pass it, he saw the However, all that appeared on the bal- never reach the goal ultimately of get- truth of the matter was that the only lot were 207 words, not 2,286. The full ting to term limits. way we are ever going to get term lim- text and requirements were available The reason I say that is because the its in this body was to vote for the 12- only upon special request from the sec- tactics they are using are such that we year limit. So after his version failed, retary of state or the elections office. are likely to see that instead of 227 he voted for the 12-year limit. Most importantly, however, is the votes out here tomorrow, there may be Their latest strategy is the passage clever wording of the short title and a lesser number than 227 for the one of misleading ballot initiatives. Like the first thing voters see on the ballot: and only proposed amendment that the wolf in Red Ridinghood, disguised Initiative instructing candidates for State really has any chance of getting to the as the sweet old granny, United States legislature and U.S. Congress to support con- 290 needed to pass it any time in the Term Limits has deceived voters into gressional term limits requires statement in- foreseeable future. I am referring to an believing they were instructing their dicating nonsupport on ballot. organization known as United States representatives to vote for term limits. That is a very broad statement. I Term Limits. I want to talk about this The deception involves passing initia- would submit that any citizen who sup- group and what it has been doing for a tives in the States that would require ports term limits, and as I said earlier, few minutes today so that we can focus legislators to adopt their no-com- about 70 percent do, would whole- more tomorrow on the substance of the promise policy on a 6-year limit. Any heartedly support, I would support actual debate over term limits itself. legislator who runs afoul of United that, and the people of Idaho supported I, first of all, would like to refer to a States Term Limits gets the words that. They voted for it. If United column that was written in this week’s ‘‘disregarded voter instructions on States Term Limits were really sincere current issue of Newsweek magazine by term limits’’ next to their name on the in their drive for a 6-year limit, then a very well-liked and respected col- ballot in the next election. why did they not declare right up front umnist, George F. Will. George Will’s Let us make this crystal clear. This in the title of the initiative that it re- column of February 17, 1997, is too long scarlet letter is placed beside any Con- quires support for only the 6-year for me to read in its entirety into the gressman’s name, even if, in fact, he limit? RECORD, but I would like to request voted for several term-limit amend- Their latest effort to attack limit that at the end of my remarks today ments, just not solely for United supporters is destructive not only of February 11, 1997 CONGRESSIONAL RECORD — HOUSE H419 the term-limit movement itself, but it Yes, we have had some turnover in a device that degrades what the move- sets a dangerous precedent for manipu- Congress. We have had quite a bit in ment seeks to dignify—the principle of lation of the Federal ballot by special the last couple of years. The problem is deliberative representation.’’ interest groups. It does not take much those who are really in control and run ‘‘Last November’’, he goes on to say, imagination to see that the initiative this place are those who are most sen- ‘‘in 9 States with 30 House Members, 19 process could be manipulated by power- ior. While there is not an absolute se- of them Republicans, whose party plat- ful special interest groups on a whole niority system since the Republicans form endorses term limits, U.S. Term variety of issues to do this sort of de- took over control of Congress and lim- Limits sponsored successful campaigns structive thing. It would not be long ited the tenure of 6 years to any com- to pass pernicious initiatives. These before every special interest group in mittee or subcommittee, and limited stipulate precisely the sort of term the country would seize on the oppor- the tenure of our leadership to any 6- limits measure for which those States’ tunity to gain the ballot to their polit- or 8-year period, there still is, as a Members should vote and further stipu- ical and legislative advantage. practical matter, seniority. late that unless those Members vote So again I have to ask the question, Those who have been here longest for them and only for them, then when What is United States Term Limits’ serve in the positions of the most those Members seek reelection, there real objective? Obviously, they are say- power, and that is the way it is going must appear next to their names the ing they are for term limits. They are to continue to be. That is the way it statement, ‘‘violated voter instruction a nonprofit organization that goes has been historically in every legisla- on term limits.’’ around the country beating their chest tive body, and that is the way it will ‘‘More than 70 percent of Americans over this issue. continue to be here. If we do not have favor the principle of term limits with- They have every right to be for a dif- term limits, we are going to have to out having fixed, let alone fierce, pref- ferent term-limits proposal than I am chose who do stay, those who choose to erences about details. But U.S. Term or the majority of this body is. They stay and be reelected, and the vast ma- Limits, tendentiously presenting mere- have every right to go out and advo- jority are. A very high percentage are tricious evidence, baldly and farcically cate it, and they have a right tech- reelected or run for reelection every asserts that Americans believe that nically to get on these ballots. But time that run for Congress, and they term limits involving 6-year House what is their effort really going to are going to have control of this body. terms is not worth having. Because of amount to, and why would any rational I do not think that is an appropriate U.S. Term Limits’ coercive device of person who really wants term limits be thing. I think that we need to change instruction, there may have to be a proceeding in this manner that is guar- that career orientation. I think it is dozen votes, which probably will hap- anteed in a suicidal fashion to gridlock much better if we have term limits, pen, this week on various term limits this body over the whole issue, and in- and as I said, I think 12-year is the best amendments to the Constitution. And stead of leading us to term limits, will of all. U.S. Term Limits’ ham-handedness mean the death of the term-limits In the article I cited earlier by probably will produce a decline in the movement as a practical matter? George Will that appears in Newsweek, votes for the most popular proposal: 6 There is no way anybody can look under the last column heading, ‘‘Save House and two Senate terms, or 12 forward and see when it will ever occur Us From the Purists,’’ where he dis- years, I might add, in each body. No if they continue this process, even if cusses the folly of U.S. Term Limits at measure is yet going to receive the 290 they pass initiatives in several States some length, he also talks about the votes or 67 Senate votes needed to send that ultimately conform to one meth- rationale for term limits, and I agree an amendment to the States for ratifi- odology and one set of language. There with him on this. He says, ‘‘Term lim- cation debates. However, U.S. Term is no way anybody could ever see in the its are a simple surgical Madisonian re- Limits’ rule-or-ruin mischief will splin- far-distant future how that is going to form. By removing careerism, a rel- ter the voting bloc that last year pro- lead to the passage of a term limits atively modern phenomenon as a duced 227 votes for a 12-years-for-each- constitutional amendment through motivator for entering politics and for chamber amendment.’’ Congress or through the several States. behavior in office, term limits can ‘‘The thinking person’s reason for For one thing, only about half the produce deliberative bodies disposed to supporting term limits is to produce States, actually I think a little less think of the next generation rather something that U.S. Term Limits’ in- than half, have an initiative process. than the next election. This is the ar- struction of Members mocks: Independ- The State legislatures of other States gument favored by those who favor ent judgment. U.S. Term Limits, which will not go along with this. Maybe one term limits, not because of hostility thinks of itself as serving conserv- or two would, but certainly not all. In toward Congress, but as an affectionate atism, should think again. It should the most ideal of circumstances, there measure to restore Congress to its think of that noble fountain of con- is no way that United States Term rightful role as the first branch of gov- servatism, Edmund Burke. In 1774, hav- Limits can succeed with this suicidal ernment.’’ ing been elected to Parliament by Bris- methodology. It is absolutely replete Mr. Will goes on to discuss, intel- tol voters, Burke delivered to them an with a useless type of process, and in ligent people will differ, as I have said admirably austere speech of thanks, in addition to that, as I said, is a dan- earlier, about the terms and whether which he rejected the notion that a gerous type of process. they are this term or that term and representative should allow ‘‘instruc- Now I would like to comment a little even whether term limits is a good idea tions’’ from the voters to obviate his bit about why some of us passionately at all. But he wonders aloud, with me, independent judgment. believe in this issue, why we believe over why an organization like U.S. b 1515 term limits is so important. The reason Term Limits, supposedly dedicated to I believe term limits is so important is the proposition, would go about doing He said, ‘‘Government and legislation because I am concerned that Members what they are doing in such a reckless are matters of reason and judgment,’’ of Congress are too concerned about manner. and asked: ‘‘What sort of reason is that getting reelected every time and not He says, ‘‘U.S. Term Limits is not in which the determination precedes enough concerned in each vote that is merely eccentric, but preposterous and the discussion?’’ taken with the best interest of the antithetical to dignified democracy be- In the 1850’s some Abolitionists were inter- country as a whole. That is a simple cause it insists that three House terms ested less in effectiveness than in nar- way of saying they are career oriented. is the only permissible option. If U.S. cissistic moral display, interested less in ending slavery than in parading their purity. They are worried about staying around Term Limits’’, and I am continuing to The abolition of slavery required someone here, and so they try to please every quote Mr. Will, ‘‘merely espouses this [Lincoln] who was anathema to fanatical interest group. That is not true of position, it could simply be disregarded abolitionists. Similarly, restoration of delib- every vote and every Congressman, of as a collection of cranks. What makes erative democracy will require patient peo- course, but true of too many; too many it deeply subversive of the term limits ple, not USTL’s exhibitionists. votes and too many Congressmen at movement is its attempt to enforce its I quoted liberally from Mr. Will, any given time. three-year House term fetish by using though not his entire text, which will H420 CONGRESSIONAL RECORD — HOUSE February 11, 1997 appear, as we said earlier, at the end of rely on—revulsion arising from scandals and 1774, having been elected to Parliament by these remarks. I think he stated it other malfeasance.) And the primary argu- Bristol voters, Burke delivered to them an very well. ment for term limits is not that Congress is admirably austere speech of thanks, in which Let us hope tomorrow as we debate insufficiently ‘‘responsive’’ and hence must he rejected the notion that a representative be made ‘‘closer to the people.’’ Rather, the should allow ‘‘instructions’’ from voters to term limits the debate is civil, and primary argument is that we need ‘‘constitu- obviate his independent judgment. He said that our Members debate the merits of tional space’’ (the phrase is from Harvard’s ‘‘government and legislation are matters of the various proposals. But understand- Harvey Mansfield) between representatives reason and judgment’’ and asked: ‘‘What sort ing that, if we do parade before this and the represented. of reason is that in which the determination body and the country nine separate Term limits are a simple, surgical, precedes the discussion?’’ proposals in addition to the underlying Madisonian reform. By removing careerism— In the 1850s some Abolitionists were inter- a relatively modern phenomenon—as a mo- ested less in effectiveness than in nar- 12 years in the House, 12 years in the tive for entering politics and for behavior in Senate, House Joint Resolution 2, that cissistic moral display, interested less in office, term limits can produce deliberative ending slavery than in parading their purity. we are doing that because of this rath- bodies disposed to think of the next genera- The aboliton of slavery required someone er bullying tactic of U.S. term limits, tion rather than the next election. This is (Lincoln) who was anathema to fanatical this self-defeating effort that they are the argument favored by those who favor abolitionists. Similarly, restoration of delib- making to try and somehow bring at- term limits not because of hostility toward erative democracy will require patient peo- tention to this cause. Congress, but as an affectionate measure to ple, not USTL’s exhibitionists. restore Congress to its rightful role as the It is very obscure to me as to what f First Branch of government. This would put they think they are going to achieve in the presidency where it belongs (and usually TERM LIMITS: A SOLUTION FOR A this process, other than gridlock on the was during the Republic’s first 150 years), PROBLEM THAT DOES NOT EXIST term limits movement. I would urge which is more towards the margin of politi- my colleagues all to seriously weigh cal life. The SPEAKER pro tempore [Mr. this when they vote tomorrow, and as Intelligent people of good will differ about LATOURETTE]. Under the Speaker’s an- many as possible who do not feel com- whether term limits are a good idea, and nounced policy of January 7, 1997, the pelled to follow the instructions in supporters of limits differ concerning the ap- gentleman from Tennessee [Mr. DUN- propriate maximum length of legislative ca- those nine States, take the risk and CAN] is recognized for 5 minutes. reers. Most supporters consider six House Mr. DUNCAN. Mr. Speaker, I cer- the chance of facing up to these bullies, and two Senate terms a temperate solution. and, in the end, after all is said and It is symmetrical (12 years in each chamber) tainly have the greatest respect for the done, please vote for the passage of the and allows enough time for professional Member who just finished speaking one term limits proposal that is ration- learning, yet removes the careerism that and, in fact, respect him about as much al and has a chance of ultimately pre- produces officeholders who make only risk- as anybody in this body, but I do dis- vailing and being sent to the States for averse decisions while in office. USTL is not agree with him on this issue. If ever ratification: 12 years in the House and merely eccentric but preposterous and anti- there was a solution for a problem that thetical to dignified democracy because it 12 years in the Senate. does not exist, it is term limits for insists that three House terms is the only Members of Congress. I include for the RECORD the article permissible option. previously referred to. If USTL merely espoused this position, it First of all, more than half of this [From Newsweek, Feb. 17, 1997] could simply be disregarded as a collection House has served just since January of of cranks. What makes it deeply subversive 1993, 4 years or less. One-third has SAVE US FROM THE PURISTS—SOME SUPPORT- of the term limits movement is its attempt ERS OF TERM LIMITS HAVE DEVISED A TAC- served 2 years or less. There is greater to enforce its three-House-terms fetish by TIC AT ODDS WITH THE BEST REASON FOR turnover in elective office today than using a device that degrades what the move- LIMITS at almost any time in the history of ment seeks to dignify—the principle of delib- (By George F. Will) this country. erative representation. Last November in Second, unlike Federal judges, bu- Since the apple incident in Eden, the nine states with 30 House members (19 of human race has been disappointing. Hence them Republicans, whose party platform en- reaucrats, and members of the mili- term limits for Congress may become one of dorses term limits) USTL sponsored success- tary, the terms of Members of Congress the few exceptions to the rule that when ful campaigns to pass pernicious initiatives. are already limited. We face the voters Americans want something, and want it in- These stipulate precisely the sort of term every other year. We are given only a tensely and protractedly, they get it. Only limits measures for which those states’ 2-year term in the House. If the voters the political class can enact limits, and lim- members should vote, and further stipulate do not like what we are doing, they can its would be unnecessary if that class were that unless those members vote for them and easily kick us out. Elections are the susceptible to self-restraint. only for them, then when those members best term limits ever invented. In fact, That is a structural problem of politics seek re-election there must appear next to with which supporters of term limits must their names on the ballot this statement: it is slightly arrogant for someone to cope. But the organization U.S. Term Limits ‘‘Violated voter instruction on term limits.’’ say, I am going to limit myself only to is an unnecessary impediment to term lim- More than 70 percent of Americans favor 6 or 12 or some other number of years its. As the House votes this week on the the principle of term limits without having in office. That decision is only up to issue, consider what happens when a reform fixed, let along fierce, preferences about de- the voters, and that is the way it movement’s bandwagon is boarded by people tails. But USTL, tendentiously presenting should be. ignorant of, or indifferent to, the principal meretricious ‘‘evidence,’’ baldly and far- Actually, if term limits are needed, rationale for the reform. cically asserts that Americans believe that USTL is a bellicose advocate of term lim- term limitation involving six House terms is they are needed more for unelected its, and, like fanatics through the ages, it not worth having. Because of USTL’s coer- people than for those who regularly fancies itself the sole legitimate keeper of cive device of ‘‘instruction,’’ there may have have to be approved by the voters al- the flame of moral purity. However, it has to be a dozen votes this week on various ready. Many people say the real power actually become the career politician’s best term limits amendments to the Constitu- lies in the bureaucracy anyway. friend. That is why it was opponents of term tion. And USTL’s ham-handedness probably Third, term limits are unconstitu- limits who invited a USTL spokesman to tes- will provide a decline in votes for the most tional. They were specifically consid- tify at recent House hearings on the subject. popular proposal—six House and two Senate ered by our Founding Fathers and spe- Opponents understand that USTL’s obscu- terms. No measure is yet going to receive rantism, dogmatism and bullying embarrass the 290 House votes or 67 Senate votes needed cifically rejected, for a whole host of the cause. to send an amendment to the states for rati- good reasons. The primary argument for term limits is fication debates. However, USTL’s rule-or- Fourth, term limits are undemo- not that, absent limits, there will be a per- ruin mischief will splinter the voting bloc cratic, with a small d. They would pro- manent class of entrenched incumbents that last year produced 227 votes for a 12- hibit voters from voting for a can- shielded from challengers by advantages of years-for-each-chamber amendment. didate who might otherwise be their office. Although incumbents who choose to The thinking person’s reason for support- first choice. They would prohibit good seek re-election still are remarkably safe—91 ing term limits is to produce something that people from running for office. They percent of them won in the turbulence of 1994 USTL’s ‘‘instruction’’ of members mocks— and 94 percent won in 1996—most members of independent judgment. USTL, which thinks would take away freedoms that we Congress arrived there in this decade. (This of itself as serving conservatism, should have always held dear in this Nation. rotation in office has been produced partly think again. It should think of that noble Fifth, term limits would increase the by something the nation does not wish to fountain of conservatism, Edmund Burke. In power of unelected bureaucrats and February 11, 1997 CONGRESSIONAL RECORD — HOUSE H421 lobbyists. They would become the real turn to the private sector and not just The certification was based on the issu- experts, and very few Members of Con- use advocacy of term limits as a way to ance of whaling licenses by the Govern- gress would be able to develop experi- gain higher office. ment of Canada in 1996 and the subse- ence and expertise about important If you really want to see someone quent killing of two bowhead whales matters on which they were expected squirm, Mr. Speaker, ask your State under those licenses. This message con- to legislate. legislator or any officeholder support- stitutes my report to the Congress pur- Six, term limits would hurt small, ing term limits, will you limit yourself suant to subsection (b) of the Pelly less populous States. A State like Cali- to 6 years in public office or are you Amendment. fornia, with 52 Members, would be able just promoting this so you can run for In 1991, Canadian natives took a to get far more than its share. Many higher office? bowhead whale from the western Arctic smaller States gain at least some pro- Mr. Speaker, I have been told that stock, under a Canadian permit. In tection and some benefits if they are Mexico is the only Nation that pres- 1994, Canadian natives took another represented by Members with some se- ently has term limits for its national bowhead whale from one of the eastern niority. legislators. I do not think many people Arctic stocks, without a permit. Seventh, term limits would cause would hold Mexico up as the best exam- In 1996, under Canadian permits, one even more money to be spent on elec- ple of good government for us to fol- bowhead whale was taken in the west- tions. Most people want less money to low. ern Canadian Arctic on July 24 and one be spent on election campaigns, not Mr. Speaker, as I said at the begin- bowhead whale was taken in the east- more. Now, some incumbents who are ning of this talk, term limits solve a ern Canadian Arctic on August 17. The doing a good job and doing what their problem that does not exist. We should whale in the eastern Arctic was taken constituents want do not have to spend let the voters decide, and not just arbi- from a highly endangered stock. The huge amounts to be reelected, nor do trarily limit their choices. IWC has expressed particular concern about whaling on this stock, which is they have huge amounts spent against f them. Term limits would cause big not known to be recovering. money to play an even greater role in NINE PROPOSED RESCISSIONS RE- None of the Canadian whale hunts de- elected politics. LATING TO BUDGET RE- scribed above was authorized by the Eighth, and perhaps most important SOURCES—MESSAGE FROM THE IWC. Canada withdrew from the IWC in of all, we would never consider apply- PRESIDENT OF THE UNITED 1982. In those instances where Canada ing term limits to any other field. We STATES (H. DOC. NO. 105–44) issued whaling licenses, it did so with- out consulting the IWC. In fact, Can- would never go to a great teacher or The SPEAKER pro tempore [Mr. ada’s 1996 actions were directly con- doctor or engineer or scientist and say, LATOURETTE] laid before the House the trary to IWC advice. At the 1996 Annual we know you are doing a great job, but following message from the President Meeting, the IWC passed a resolution even though we cannot prove it, we of the United States; which was read encouraging Canada to refrain from is- have this feeling that we need new and, together with the accompanying blood every 6 years or 8 years or 12 suing whaling licenses and to rejoin papers, without objection, referred to the IWC. However, Canada has recently years or whatever, so you have to go do the Committee on Appropriations and something else. Workers in any other advised the United States that it has ordered to be printed. no plans to rejoin the IWC and that it field would scream to high heaven if ar- To the Congress of the United States: bitrary time limits were applied to intends to continue granting licenses In accordance with the Congressional for the taking of endangered bowhead them, except possibly after a full ca- Budget and Impoundment Control Act reer. I would say to anyone listening to whales. of 1974, I herewith report nine proposed Canada’s unilateral decision to au- these words, or who later reads these rescissions of budgetary resources, to- thorize whaling outside of the IWC is words: Would you want term limits ap- taling $397 million, and one revised de- unacceptable. Canada’s conduct jeop- plied to you? ferral, totaling $7 million. ardizes the international effort that Ninth, term limits would have cut The proposed rescissions affect the has allowed whale stocks to begin to short the careers of some of our great- Departments of Agriculture, Defense- recover from the devastating effects of est legislators. People like Howard Military, Energy, Housing and Urban historic whaling. Baker, Everett Dirksen, Sam Rayburn, Development, and Justice, and the I understand the importance of main- Robert Taft, Daniel Webster, Henry General Services Administration. The taining traditional native cultures, and Clay, George Norris, Robert deferral affects the Social Security Ad- I support aboriginal whaling that is LaFollette, and many, many others ministration. managed through the IWC. The Cana- have achieved some of their greatest WILLIAM J. CLINTON. dian hunt, however, is problematic for service after they would have been THE WHITE HOUSE, February 10, 1997. two reasons. term-limited out by the proposals that f First, the whaling took place outside we will vote on tomorrow, and several the IWC. International law, as reflected did not become even well known na- REPORT ON CANADIAN WHALING in the 1982 United Nations Convention tionally until their later years in of- ACTIVITIES—MESSAGE FROM on the Law of the Sea, obligates coun- fice, after they would have been forced THE PRESIDENT OF THE UNITED tries to work through the appropriate out of office by the proposals we will STATES (H. DOC. NO. 105–45) international organization for the con- vote on tomorrow. John Kennedy in The SPEAKER pro tempore laid be- servation and management of whales. this country and Winston Churchill in fore the House the following message Second, whaling in the eastern Cana- Great Britain would have been term- from the President of the United dian Arctic poses a particular con- limited out before gaining national of- States; which was read and, without servation risk, and the decision to take fice under these proposals. objection, referred to the Committee this risk should not have been made Finally, last but certainly not least, on International Relations and the unilaterally. term limits are being pushed primarily Committee on Resources and ordered I believe that Canadian whaling on for political reasons, not because they to be printed: endangered whales warrants action at are needed or are good public policy. this time. There is a great deal of hypocrisy, dem- To the Congress of the United States: Accordingly, I have instructed the agoguery and outright political postur- On December 12, 1996, Secretary of Department of State to oppose Cana- ing on this issue. Many elected officials Commerce Michael Kantor certified dian efforts to address taking of ma- pushing term limits are doing so just under section 8 of the Fishermen’s Pro- rine mammals within the newly formed as a way to gain higher office. If an of- tective Act of 1967, as amended (the Arctic Council. I have further in- ficeholder says he believes in a 6-year ‘‘Pelly Amendment’’) (22 U.S.C. 1978), structed the Department of State to term limit, ask him if he will leave that Canada has conducted whaling ac- oppose Canadian efforts to address public office and never run for another tivities that diminish the effectiveness trade in marine mammal products public office after 6 years. If he really of a conservation program of the Inter- within the Arctic Council. These ac- believed in term limits, he would re- national Whaling Commission (IWC). tions grow from our concern about H422 CONGRESSIONAL RECORD — HOUSE February 11, 1997 Canada’s efforts to move whaling is- b 1530 Linda Johnson Rice, operates in the sues to fora other than the IWC and, I come today to share this time with Seventh District. more generally, about the taking of the Members of the Congressional Parker House Sausage Co.’s presi- marine mammals in ways that are in- Black Caucus and others who would dent, Daryl Grisham, lived in the dis- consistent with sound conservation like to give their observations and to trict. Oprah Winfrey, that everybody in practices. do their documenting of those events America knows, operates out of the Second, I have instructed the Depart- and those individuals who have been Seventh District. Marva Collins, found- ment of Commerce, in implementing central and important to the develop- er of the Westside Prep School and the Marine Mammal Protection Act, to ment of African-Americans in this Na- Paul Adams, principal of Providence- withhold consideration of any Cana- tion. St. Mel College Prep, two of the most dian requests for waivers to the exist- It is with that that I will yield to the successful educators in the country ing moratorium on the importation of gentleman from Chicago, IL [Mr. today, live and work in the district. seals and/or seal products into the DAVIS], one of our new Members in the Earl Neal, one of the top attorneys in United States. House of Representatives, who has the Nation, lived and worked in the Finally, the United States will con- come today to share in this very spe- district. Jewel Lafentant-Mankarious, tinue to urge Canada to reconsider its cial moment and to give his observa- the first black woman to become Dep- unilateral decision to authorize whal- tions on the life and times of African- uty Solicitor General of the United ing on endangered stocks and to au- Americans in this Nation. States of America, lived in the district. thorize whaling outside the IWC. Mr. DAVIS of Illinois. Mr. Speaker, The district has been home to the I believe the foregoing measures are the United States of America is indeed practice of Dr. Maurice Robb, one of more appropriate in addressing the a strong, vibrant, diverse, and great the foremost ophthalmologists in the problem of Canadian whaling than the Nation. Much of its strength, char- Nation. It has produced star athletes imposition of import prohibitions at acter, and greatness stems from the like Mark Aguirre, Isiah Thomas, this time. fact that it is rich in diversity. Kevin Garnett, Daryl Stingley, Michael I have asked the Departments of We are America, a nation that is Finley, Glenn Rivers, Hershey Haw- Commerce and State to keep this situ- made up of many different individuals kins, Russell Maryland, Mickey John- ation under close review. and groups who have contributed sig- son, Otis Armstrong, and others. WILLIAM J. CLINTON. nificantly to its growth and develop- Michael Jordan and Scottie Pippin THE WHITE HOUSE, February 10, 1997. ment. have perfected their craft in the Sev- During the month of February, yes, enth District. And when we see chil- f we celebrate African-American or dren playing in the James Jordan Boys and Girls Club, you see greatness at BLACK HISTORY MONTH Black History Month, a period which we set aside to take special note and work. The renowned writer, producer, The SPEAKER pro tempore. Under highlight the accomplishments and and actor, Robert Townsend, grew up the Speaker’s announced policy of Jan- achievements of African-Americans in the district. uary 7, 1997, the gentlewoman from who have excelled or made noteworthy This inner city district has produced California [Ms. WATERS] is recognized contributions. the likes of Jerry (Iceman) Butler, for 60 minutes as the designee of the Mr. Speaker, I should take this op- Ramsey Lewis, Tyrone Davis, Alvin minority leader. portunity to highlight some of the out- Cash, Gene Chandler, the Brown Broth- Ms. WATERS. Mr. Speaker, I come standing African-Americans who grew ers, the Family Jubilee, Vernon Oliver today to open a discussion and create a up in, lived, and/or worked in the dis- Price, the Thompson Community Sing- forum right here on the floor of the trict which I am proud to represent, ers, Angela Spivey, and other great en- House on African-Americans. We are, the Seventh Congressional District of tertainers; nationally renowned Afri- in the month of February, proudly the State of Illinois, one of the most can-American ministers like the Rev- celebrating American life and history diverse districts in the Nation. Down- erend Clay Evans, Bishop Louis Henry for African-Americans. town Chicago, Chinatown, the Gold Ford, Rev. Harry McNelty, Rev. Wal- We come today to take this time to Coast, the Magnificent Mile, housing lace Sykes, Rev. Johnny Miller, Rev. talk about the contributions of Afri- developments like Cabrini, like Rock- Clarence Stowers, Rev. Charlie Murray, can-Americans, to talk about the well, Abla, the West Side of Chicago, Rev. Jimmie Pettis, Rev. Albert Tyson, struggle of African-Americans, to iden- home of the riots, suburban commu- Rev. August Minor, and others all live tify and to celebrate the many con- nities, Oak Park, Maywood, Bellwood, in the district. tributions that African-Americans Broadview. I have spoken of contemporaries. I have made to this country and this It became a focal point of the Negro have made a point to do so because so world. Free Speech Movement in the 1890’s. At often when we talk about history, we Back in 1926, Dr. Carter G. Woodson, that time it was home to one of the forget about those individuals who are a Harvard Ph.D. who had 11 years ear- most famous black female journalists struggling each and every day in an ef- lier founded the Association for the of all times, Ida B. Wells Barnett. fort to make history real. And so all of Study of Afro-American Life and His- It was the last port of entry for Afri- the individuals, the people who strug- tory, initiated what was known as can-Americans leaving the South in gle on a daily basis, who work with our Negro History Week. It was Dr. large numbers, migrating to the North, children, who work with our seniors, Woodson’s hope that through this very the Northeast, and the Midwest. the chairpersons of local advisory special observance, all Americans It has been a launching pad for many counsels, of public housing units and would be reminded of their ethnic black firsts. The first black woman to public housing developments, all of roots, and a togetherness in U.S. racial receive an international pilot’s license, these individuals are my heroes and groups would develop out of a mutual Bessie Coleman, lived there. The world sheroes. They are my heroes, Mr. respect for all backgrounds. renowned chemist Dr. Percy B. Julian, Speaker, they are my heroes because Now we have expanded Negro History the holder of 19 honorary doctorate de- they understand what Fred Douglass Week to Negro History Month, so the grees, an individual who helped to taught when he suggested that strug- entire month of February you will see shape medical research procedures, gle, struggle, strife, and pain are the programs and activities all over Amer- lived there. prerequisites for change. They under- ica. You will see children in elemen- The famous black daily newspaper, stand that if there is no struggle, there tary schools identifying the contribu- the Chicago Daily Defender, was found- is no progress. And so Black History tions of African-Americans to this Na- ed there by Robert Abbot with $25 and Month reminds us that when we glory tion. You will witness plays, you will a typewriter at his kitchen table. in the struggle, all of America can re- see poems written, all kinds of activi- Johnson Publishing Co., Ebony, Jet, joice in the victory. ties basically focusing on the work, the and other components of the business So, yes, African-Americans have in- life, the history, and the times of Afri- founded by Mr. John H. Johnson and deed contributed and African-Ameri- can-Americans. now operated by his daughter, Ms. cans have indeed made progress. But I February 11, 1997 CONGRESSIONAL RECORD — HOUSE H423 tell you, Mr. Speaker, we must con- This theme allows us to examine how was also a Member of Congress and a tinue to struggle to keep affirmative far we have come in the struggle for member of the Congressional Black action alive. We must continue to civil rights. I am pleased to join my Caucus from 1978 to 1980. struggle so that we can prevent redlin- colleagues as we chart our progress and My father, Judge Almeric L. Chris- ing. We must struggle for equal protec- acknowledge the contributions of Afri- tian, was our first native Federal Dis- tion, for help for the helpless and hope can-American men and women to the trict Court judge. for the hopeless. We must struggle for history of the struggle. We have also shared our heroes and a livable wage so that as individuals Mr. Speaker, I stand here as the their contributions with our Nation at work, they can earn enough to take chair of the Congressional Black Cau- large. care of their basic needs. cus. Traditionally, we have witnessed Before the relationship between the So, yes, we have made great progress. at this moment the presentation and United States and the Virgin Islands And as James Weldon Johnson would the leadership of one of our great lead- began in 1917, Virgin Islanders mi- say, Stony has been the road we have ers in the Congressional Black Caucus. grated to the United States for edu- tred, bitter the chastening rod, felt in He is here with us today, and he has de- cation, for economics or to join family the days when hope unborn had died, cided that he shall let us go forward and friends already located here. Late in the 19th century and early in but with a steady beat, have not our and he will sit by and guide us, as we the 20th, renowned pan-Africanist Ed- weary feet brought us to the place for attempt to make this presentation ward Wilmot Blyden, whose written which our fathers sighed. today. It is my great pleasure to at- works were a mainstay of African- Mr. Speaker, we have come over ways tempt to carry on in the fine tradition American intellectuals, was born on that with tears have been watered. We of our leader, Congressman STOKES, St. Thomas. His contemporary, Hubert have come treading through the blood from the great State of Ohio. Henry Harrison, known as the Black of the slaughtered, out from the With that, Mr. Speaker, I yield to the Socrates, a native of St. Croix, was gloomy past until now we stand at last gentlewoman from the Virgin Islands, well-known for his soap box lectures in where the white gleam of our bright Ms. CHRISTIAN-GREEN, one of our new Harlem. His were some of the words star is cast. Members who will share with us her ob- I know, Mr. Speaker, that as we cele- that fueled the careers of many early servations of black history. workers for civil rights, including brate African-American history month, Ms. CHRISTIAN-GREEN. Mr. Speak- as we face the rising sun of our new day Marcus Garvey. er, I want to thank my colleagues, the Frank R. Crosswaith, a native of begun, I am confident that with the gentleman from Ohio [Mr. STOKES], the Frederiksted, St. Croix, was an early leadership of the gentlewoman from gentleman from New York [Mr. crusader for the integration of Negro California, Ms. WATERS with the to- OWENS], and the gentlewoman from workers in the labor movement. His getherness of the caucus and with the California [Ms. WATERS], Black Caucus work channeled thousands of African- activation of Americans all over this chair, for organizing this special order American workers into many unions, land, as we face the rising sun of our and affording me this time to say a few including those in the AFL-CIO. new day begun, I am confident that we words in recognition of Black History It was a Crucian mother who gave us shall march on till the victory is won. Month and the contributions that peo- Arthur Schomburg, who collected and I thank so much the gentlewoman ple of color have made to this Nation preserved many important works by from California. and to the world. African-Americans during the Harlem Ms. WATERS. Mr. Speaker, before In keeping with this year’s theme, Renaissance; and it was St. Thomas moving onto our next presenter, I African-Americans and civil rights, a that produced the ‘‘Harlem Fox,’’ J. would like to again take a moment to reappraisal, I wanted to address re- Raymond Jones, widely known for his thank our colleagues who are joining appraisal by especially highlighting rise through and contributions to the me in the House Chamber today. and honoring the contributions of Vir- New York City political establishment Again, I would like to reiterate, we gin Islanders, the people from the dis- in the first half of this century. gather to mark the congressional ob- trict that I represent. We in the Virgin There are many more, such as Roy servance of Black History Month. I join Islands are proud of our history. The Innis of St. Croix, national chairman of my colleagues in the Congressional revolt by African slaves on our small- the Congress of Racial Equality; and Black Caucus and our colleagues on est island of St. John in 1733 is one of others too numerous to mention who both sides of the aisle as we acknowl- the earliest successful revolutions in served in the movement in the ’40’s, edge the contributions of African- this hemisphere. ’50’s, ’60’s, ’70’s and even today as stu- American men and women to the build- b 1545 dents, as marchers, workers, and as ing and shaping of this great Nation. other average everyday Americans who African-Americans have a history On St. Croix our own Moses Gottleib made their contributions to the fur- which is inextricably woven into the Buddhoe, along with Anna Heegaard, therance of civil rights. economic, social and political fabric of were credited with playing a major role It is important for us to recognize this Nation. in bringing about our emancipation in that the history of African-Americans In 1926, the late Dr. Carter G. 1848, more than 10 years before our sis- is still being written by our hands. As Woodson really understood that Afri- ters and brothers on the mainland. In we celebrate this month, we acknowl- can-Americans were not receiving 1878, three women, Queen Mary, Queen edge that there is still much to be writ- proper recognition in history for their Agnes, and Queen Mathilda, continued ten. And let it be written that we ex- contributions. To alleviate this, Dr. the quest for civil rights and led a tended health care to everyone; that Woodson proposed setting aside one ‘‘firebun’’ revolt for fair wages. Later, we educated our children well and kept week during the month of February to in 1916, D. Hamilton Jackson and oth- them safe; and that we rid our commu- commemorate the achievements of Af- ers continued the struggle for in- nities of drugs. rican-Americans. In 1976, the observ- creased rights for Virgin Islanders, re- As we owe this to our forbearers and ance was changed to Black History sulting in better working conditions to those who we now nurture, let it Month. As we mark the 1997 observance and freedom of the press. also be written that we saw to it that of Black History Month, we do so with Many of our firsts have largely gone the celebration of our history, which great appreciation to Dr. Woodson for unrecognized. For example, we had the was once compressed into 1 month, was his foresight and leadership. first black female president of a U.S. finally woven into the fabric of every- The Association for the Study of State legislature in Senator Ruby Mar- day American life. Afro-American Life and History, which garet Rouss, and the first African- We in the Congressional Black Cau- Dr. Woodson founded, is responsible American woman to be a U.S. Attorney cus consider it our solemn duty to keep each year for establishing the theme General in J’Ada Finch Sheen. this history, our history, alive, hopeful for our Black History Month observ- We look back with pride at our first and full of the greatness that is deserv- ance. This year the organization has elected Governor, Dr. Melvin H. Evans, ing of our people. selected as our theme African-Ameri- the first African-American to be elect- I thank the gentlewoman for the op- cans and civil rights, a reappraisal. ed Governor under the U.S. flag. He portunity to say these few words. H424 CONGRESSIONAL RECORD — HOUSE February 11, 1997 Ms. WATERS. Mr. Speaker, I yield to periment which we label the United allowed to drink from the same water the gentleman from Guam [Mr. States. fountain as whites. UNDERWOOD]. And we must be ever mindful of the Growing up in rural Alabama, in the Mr. UNDERWOOD. Mr. Speaker, I fact that Black History Month is more heart of the black belt, I grew up sur- thank the gentlewoman for this time. I than the celebration of individuals who rounded by the signs that divided our want to express my sincerest thanks did well. It is the commemoration of a world: white waiting, colored waiting; for my colleagues, the gentleman from people’s struggle to be great despite all white men, colored men; white women, Ohio, Representative LOUIS STOKES, of the odds laid before them. I take colored women. and the gentlewoman from California, pride in that struggle, and the people In the 1960’s, during the movement, MAXINE WATERS, for giving me the op- of Guam, I think, continue to be in- all of this changed. People from all portunity to participate in this special spired by it. across our country, men and women, order commemorating Black History I cannot emphasize strongly enough young and old, black and white, red, Month. The trials and tribulations of how much the civil rights movement yellow and brown, came to the South. the African-American people stand as a benefitted all other minority groups in They came to change the world and needed reminder of America’s past and the United States. And for the people they succeeded. We succeeded. The the promise of our future as a Nation. of Guam this meant a push for more Civil Rights Act of 1964 and the Voting And while the days of slavery and so- self-government and a demand for the Rights Act of 1965 changed our country. cial segregation are over, our country resolution of injustices that have oc- It changed our world. It is a better continues to face challenges engen- curred throughout the past. place. It is a more inclusive place. dered by racism and ignorance. We on Guam also want to celebrate So it pains me today to hear people People from the Territories, the peo- Black History Month with our small attack these laws. It pains me to hear ple of Guam, can certainly relate to but vibrant black community. Several politicians say that these laws have this disenfranchisement and discrimi- long-time black Guamanians have in- done more to divide our country than nation when it comes to the level of fluenced the community in very special to unite it. These people do not know participation that we are granted with- ways. what they are saying. They do not in our own Federal system. We do not Fred Jackson of Mangilao is a pio- know how far we have come. have complete representation in the neer businessman on the island, having To those who say these laws do not House of Representatives, we do not opened the first black-owned business work, I say ‘‘Walk in my shoes.’’ I have have any representation in the Senate on Guam in the 1970’s. His wife, Dr. seen the progress. I have seen us grow and we do not even vote for the Presi- Marilyn Jackson, is a respected educa- as a Nation and as a people. I have seen dent. tor, having taught in many of the is- a poor black man, denied the right to Many years ago Joshua Fishman, the land’s public schools. And Mrs. vote, become a Member of Congress be- noted linguist, in writing about ethnic Claudette McGhee is yet another pio- cause of these laws. relations in America, stated that other neer, having been one of the first equal It is not the laws that divide, it is minorities in the 1960’s got the black employment opportunity counselors on people who divide. It is politicians disease. By implication this disease the island. I also want to finally draw playing the race card to win votes. It is was the affliction nonblack minorities attention to the first black Guamanian politicians who attack any solution to contracted after black Americans be- Attorney General in the government of the racism that still exists in our soci- came conscious of their roots and jus- Guam, Calvin Halloway, a long-time is- ety. It is people who ignore the racism tifiably defiant in their pride about land resident and good personal friend. and attack those who offer solutions their origins and their many contribu- Mr. Speaker, it is indeed a great day and work to overcome the racism that tions to American society. when the entire Nation recognizes the is still with us. I am proud to say that I was afflicted achievements and influence of black Yes, Mr. Speaker, we have made with this so-called disease in the 1960’s, communities and individual African- great progress as a Nation and as a and that the efforts to raise awareness Americans throughout the United people. The Civil Rights Act and the about black Americans not only States of America. I hope that our ef- Voting Rights Act have made us equal brought into appropriate line the per- forts in educating the public into em- under the law, but we are still not ceptions and the understandings of bracing equality and basic civil lib- equal. The scars and stain of racism black Americans in American society erties will provide a base upon which still plague our society. but certainly opened the society to is- we will eventually triumph in our bat- We must speak up against those who sues surrounding other minorities in tle against racism and its accompany- see the world as rich against poor, this country. ing politics of division and destruction. black against white, us against them. In the context of American history, Ms. WATERS. Mr. Speaker, I thank We have heard the political speeches, black heroes and she-roes, to borrow a the gentleman from Guam [Mr. seen the political ads. They fan the term from an earlier Speaker, are ev- UNDERWOOD] and I yield to the gen- flames of racism, the racism that eryone’s property. We all share and we tleman from the State of Georgia, the burned dozens of black churches to the all take inspiration in and we are all Honorable JOHN LEWIS. ground last year. motivated by the statements and the Mr. LEWIS of Georgia. Mr. Speaker, My colleagues, thanks to the civil actions of a Frederick Douglass, a Mal- I want to thank my colleague, the gen- rights movement, we are all equal colm X, a Martin Luther King, a Bar- tlewoman from California, MAXINE WA- under the law. We have come a long bara Tubman or even a MAXINE WA- TERS, for yielding me this time and for way toward being in a country where TERS. calling this special order, along with all men and women are created equal. I know this from my own personal the gentleman from Ohio, LOU STOKES. We have come so far because of the growth as an individual from a faraway I want to thank MAXINE WATERS, our movement, because of the laws, not in island that has not been fully recog- colleague, the new chairperson of the spite of them. nized for its contributions and rela- Congressional Black Caucus, for her It is time, Mr. Speaker, for us to tionship to this Nation. And I know leadership, for her vision, for bringing speak openly about race. We must redi- this from my own intellectual growth to the caucus a sense of vigor and vi- rect the priorities of our Nation. We and the efforts of my people in strug- tality. must use our resources not to divide gling with the issues of identity and Mr. Speaker, I am honored to be here but to bring together, not to tear down participation and citizenship, in its today to celebrate Black History but to uplift, not to oppress but to set battle with discrimination, racism and Month; to talk about the civil rights free. ignorance. movement and all that it has accom- We, every one of us, have a moral ob- We have much to be grateful for in plished. Thirty-two years ago blacks in ligation, a mission and a mandate from the commemoration of Black History the South could not vote. I could not the spirit of history, from our fallen Month. All of us, black and white and vote. Blacks were not allowed in the martyrs, Martin Luther King, Jr., all the colors, which make up the fab- same restaurant as whites, the same Medgar Evers, James Chaney, Andy ric of our great social and political ex- hotels as whites. Blacks were not even Goodman and Mickey Schwerner. We February 11, 1997 CONGRESSIONAL RECORD — HOUSE H425 have an obligation to work for hope porter became the main African-Amer- justice in our country because of her and opportunity for all, to build upon ican newspaper in northern California. role as mother in the civil rights move- the civil rights movement, to build Anybody who wanted to be involved in ment. upon its legacy which has brought us politics in our area had to go see Dr. I mentioned that Carlton Goodlett here today. Goodlett, and he always, if not his en- was a leader in the NAACP, and I was Yes, Ms. WATERS, as I said earlier, we dorsement, always gave very good ad- so pleased to see our former colleague are a better nation, a better people be- vice. Kweisi Mfume, the president of the cause of the civil rights movement. Dr. Goodlett juggled many activities NAACP now, here in the Chamber this and passions but never dropped a ball. b 1600 afternoon. He indeed is also another In addition to his achievements in answer to the question, who will take We are in the process of laying down medicine, publishing and civil rights Carlton’s place. the burden of race, but we must do activism, he also placed himself di- As we look around and see our col- more. We must continue to fight injus- rectly at the forefront of liberal causes leagues serving in this House from the tice wherever it rears its ugly head. with his activity in the Democratic African-American community, we can And we must continue to dialogue be- Party. Are we allowed to say the be encouraged that the future is bright tween all men and women of good will. Democratic Party on the floor of the and, as our colleague Mr. LEWIS so elo- I thank the gentlewoman again for House? Is that partisan? quently said, that you will all help to holding this special order. In 1950 he joined with my prede- grow our great Nation. Ms. WATERS. I thank the gentleman cessor, the great Representative Phil- With that, I once again want to com- from Georgia. lip Burton, in founding the San Fran- mend Congressman WATERS not only Mr. Speaker, I yield to the gentle- cisco Young Democrats. He put his for calling this special order but for woman from California [Ms. PELOSI]. heart into supporting the campaigns of your leadership, most recently your Ms. PELOSI. Mr. Speaker, I am over- candidates he believed in, like Phillip speech that you made that was on TV whelmed by the remarks of the gen- Burton, John Burton and Willie Brown, at least three times yesterday talking tleman from Georgia [Mr. LEWIS] and our current mayor of San Francisco. about our budget priorities in our those of all of our other colleagues who On Friday, we all participated in Dr. country and providing the kind of lead- have spoken in tribute to Black His- Goodlett’s memorial service. Three ership that we truly will need so that tory Month. I want to thank the gen- generations at least of Californians and the hope and the dream of hope will be tlewoman from California [Ms. WA- Americans were present there. It was a kept alive for all Americans, regardless TERS] for having this special order, joy to see the elderly join with the of color. Thank you for allowing me to more importantly for her incredible young people and talk about how they be part of this special order. leadership on issues of concern to our had received hope from Dr. Goodlett. Ms. WATERS. I thank the gentle- country, which as our colleague says, They joined our distinguished col- woman from California. in promoting civil rights and equal jus- league, Congressman DELLUMS, who Mr. Speaker, I yield to the gentle- tice and equal economic opportunity, gave the eulogy and summed it up with woman from Texas [Ms. JACKSON-LEE]. helps make our country grow. So I his usual eloquence when he stated, Ms. JACKSON-LEE of Texas. I thank thank you for that, MAXINE, and to Mr. ‘‘Carlton had zero tolerance for injus- the gentlewoman from California for LEWIS, and I am tempted to call him tice * * * And he helped me understand yielding, and I thank her for her lead- chairman, I hope I will again, LOU that I am not only a citizen of the Bay ership in drawing us together and fol- STOKES from Ohio for his great leader- Area or the United States. I was a citi- lowing and lifting up both the par ex- ship over so many years in this Con- zen of the world. Now, I look and won- cellence leadership of my friend and gress and in our country. der, where are the new Carltons? Who colleague, the honorable LOU STOKES. I Mr. Speaker, I rise today joining will rise to take his place?’’ hope he will allow me to do so inas- these distinguished leaders and many Dr. Goodlett’s presence was deeply much as it gives me a boost up in others in the room to celebrate Black felt. His absence will be felt equally. terms of youth, but I know he will History Month and the history of the He was a man who did many things, all challenge that, that I had the privilege civil rights struggle by remembering of them well. As we celebrate Black to be tutored by him as a member of the life of a man who dedicated his life History Month, we need look no fur- the congressional staff of which he was to peace and civil rights, Dr. Carlton ther for inspiration than Dr. Carlton a leader on the Select Committee on Goodlett, physician, civil rights activ- Goodlett. He was a renaissance man Assassinations. So a long time I had ist, newspaper publisher, champion of who mobilized the intellectual re- the opportunity to watch this gentle world peace and San Franciscoan. Dr. sources of his area to fight for civil giant move in the U.S. Congress. Goodlett, who was 82 when he passed rights. He was a healer, a mentor, a This is a special day, and, Congress- away just this January 25, established courageous leader, an activist and ad- woman WATERS, as I indicated, I am his medical practice in San Francisco vocate and truly a citizen of the world. gratified to join my colleagues for this in 1945 and also became an aggressive As the world will mourn his loss, we important occasion to commemorate civil rights advocate. He would associ- must remember that he is an inspira- black history, African-American his- ate himself with that characterization tion to us all. tory, to raise it up, not only as a his- of aggressive. He was famous in our area. We have tory of a people of which I certainly am His role as president of the local other inspirations, maybe not so fa- a part of, but to raise it up as a com- branch of the NAACP represented the mous in their own right. One of them memoration that should be part of the start of a long and fruitful public serv- that I would like to recognize today is entire United States of America. ice. Dr. Goodlett denounced police bru- Louise Stokes, mother of her namesake I am honored to have this oppor- tality, demanded improvements in pub- LOUIS STOKES, because she must have tunity to speak to the American public lic housing, exposed the exclusion of been a very remarkable woman. I have during this time that we have set aside Jews and African-Americans from the heard our colleague LOU STOKES talk to celebrate the enormous accomplish- draft boards in San Francisco and often about his mother with great pride and ments of African-Americans in the single-handedly demonstrated against affection, but we know how great she United States. I must say that 2 min- restaurants that refused to serve peo- must have been to have produced such utes do not do justice to the enormous ple of color. a magnificent son, Congressman, chair- contribution given to our Nation by Af- In 1948, Dr. Goodlett joined with a man and another son Carl Stokes, rican-Americans, but I am gratified of partner to purchase The Reporter, a mayor, judge and ambassador, rep- the kindness of the gentlewoman to community weekly newspaper which resenting our great country abroad. allow us to spill over. then overtook its competitor to be- Carl had passed away within the last I am thrilled to stand here on the come the Sun Reporter. Perhaps you year and it was a tremendous loss floor of the House as an American and have heard of it. It is a very famous again to all of us, but Louise Stokes is as an African-American Member of newspaper in our area. Under Dr. as much an inspiration and as much a Congress. I am able to stand today, Mr. Goodlett’s stewardship, the Sun Re- leader in the fight for civil rights and Speaker, because other brave African- H426 CONGRESSIONAL RECORD — HOUSE February 11, 1997 Americans stood boldly before me. whose giant footsteps I now follow. The challenge that we must stand up to the That is one of the challenges that I Halls of Congress were once graced bar. I come to renew my commitment offer this afternoon, as the theme be- with the presence of Congresswoman to say that I will not allow institutions comes a reappraisal to not forget from Barbara Jordan, who was an African- to fall, I will support them in the fu- whence we have come, to never forget American woman of many firsts: The ture, and certainly most of all I will be that no matter what party you are in, first Representative of the then newly a supporter of our traditionally black no matter how you may have thought created 11th State Senatorial District colleges and ask all America to support you have achieved, you could not have in Texas, the first African-American to me as well. achieved without the blood and sweat be elected to the Texas Senate since Mr. Speaker, I am honored to have this op- and tears of those who marched before 1883, the first African-American woman portunity to speak to the American public dur- us. ever to be elected to the Texas Senate, ing this time that we have set aside to cele- The theme, as I have said, is a re- the first African-American to serve as brate the enormous accomplishments of Afri- appraisal of the civil rights movement. the Speaker pro tem of the Texas Sen- can-Americans in the United States. I must I want to use my time to herald the ac- ate, the first African-American to say that 2 minutes do not do justice to the complishments and contributions of serve as Governor for a day in Texas, enormous contributions given to our Nation by African-American men and women in and the first African-American of the African-Americans. all facets of our Nation’s history. then newly created 18th Congressional I am thrilled to stand here on the House I can think of no better time than District. floor as an American and as an African-Amer- now to let the American people know As I come to a close, let me point ican Member of Congress. I am able to stand that it was 126 years ago that the first now to the pride that I have in the 18th today, Mr. Speaker, because other brave Afri- speech ever delivered by an African- Congressional District, in Houston, and can-Americans stood boldly before me. American Representative on the floor the State of Texas. First of all we prac- The theme of this years celebration of black of the House of Representatives was tice and celebrate Juneteenth. That history month is African-Americans and Civil given by Jefferson Franklin Long of means that yes, we learned of our free- Rights: A Reappraisal. Georgia on February 1, 1871. He also dom some 2 years later, but now we I want to use my time to herald the accom- had the unique distinction of being the have come of age and no one bows their plishments and contributions of African-Amer- first black Congressperson elected from head about celebrating Juneteenth. We ican men and women in all facets of our Na- Georgia. are proud to be able to say we learned tion's history. Representative Long probably did our freedom in 1865, but we have never, I can think of no better time than now to let not know that in February, 126 years never looked back. the American people know that it was 126 later, we would be informing the Amer- In keeping with the mind of that years ago, that the first speech ever delivered ican people of his name in honor of his spirit, let me salute these organiza- by an African-American Representative on the novel achievement. One can only imag- tions that have brought about young floor of the House of Representatives was ine the pride of this former slave as he people and given them the self-esteem given by Jefferson Franklin Long of Georgia stood to deliver his speech to his fellow that allowed them never to forget their on February 1, 1871. Members of Congress. When he stood he history: The Martin Luther King Cen- He also had the unique distinction of being spoke for black people all across Amer- ter in the 18th Congressional District; the first black Congressman elected from ica. How proud they were in this period Shake Community Center in the 18th Georgia. Representative Long probably did not know of reconstruction after the Emanci- Congressional District; the PABA that that in February, 126 years later, we would be pation Proclamation to have someone works with young men who, yes, they informing the American people of his name in speak for them. want to put on a boxing glove and not The subject of his speech centered on honor of his novel achievement. put a knife in their hand; and the One can only imagine the pride of this his opposition to an alteration of the NAACP, whose first secretary was former slave as he stood to deliver his speech oath of office for former Confederates Christie Adair, a strong and valiant to his fellow Members of Congress. When he who sought to have their political woman; and the Akers Home Citizens stood, he spoke for black people all across rights restored. Congressman Jefferson Chamber of Commerce that brings America. Franklin Long set the stage for Afri- about individuals in the Akers Home The subject of his speech centered on his can-Americans to take their rightful and all over the city who are interested opposition to an alteration of the oath of office place here on the floor of the House of in economic development. for former confederates who sought to have Representatives, to proclaim to the Certainly let me say that the Presi- their political rights restored. world their concerns for themselves dent called us to challenge education Congressman Jefferson Franklin Long set and the good of the American public. and to have that to be the clarion call. the stage for African-Americans to take their The voice of Jefferson Franklin Long Here is my reappraisal of the civil rightful place here on the floor of the House of of Georgia will resound throughout rights movement as we go forward. It Representatives to proclaim to the world their this Chamber for as long as this Cham- is to challenge African-Americans to concerns for themselves and the good of the ber exists. It will be a challenge to remember that now we must do a lot of American public. each and every one of us to recognize this ourselves, not go it alone but do a The voice of Jefferson Franklin Long of that we must never forget from whence lot of this ourselves. Georgia will resound throughout this Chamber we have come. We must always speak As endowments are being created all for as long as this Chamber exists. Those who for the people that we represent, even over this Nation by the likes of Texas follow in his footsteps continue the spirit of his though it may be a hard and difficult A&M, Harvard, and Yale, where are we first breath here on the floor of the House of position to be in. Those who follow in with supporting our educational insti- Representatives. We, in spirit echo his voice. his footsteps continue the spirit of his tutions? I call upon you today to recog- As I take my place here on the floor of the first breath here on the floor of the nize that each of us must support our battlefield of democracy to debate the press- House of Representatives. We in spirit traditionally black colleges. Why not ing issues that affect every American, I am re- echo his voice. give $1,000 a year to some college that minded of the courage that it took for Con- As I take my place here on the floor you support? Why not recognize that in gressman Long to be the first African-Amer- of the battlefield of democracy to de- this time of reappraisal we must stand ican to speak on this floor. bate the pressing issues that affect up to the call, we must support edu- In part, it was his courage that today, gives every American, I am reminded of the cation, we must ensure that our young me courage to speak on the floor today. courage that it took for Congressman people have the opportunity. Where are As a female African-American in Congress, Long to be the first African-American you? I hope you are listening. I must pause and pay tribute to the African- to speak on this floor. In part it was Finally, as I said, I am glad to join American woman in whose giant footsteps I his courage that today gives me cour- Congresswoman WATERS to be assured now walk. age to speak on the floor today. that we celebrate black history in a The Halls of Congress were once graced As a female African-American in manner that it should be, recognition, with the presence of Congresswoman Barbara Congress, I must pause and pay tribute commemoration, celebration but also a Jordan who was an African-American woman to the African-American woman in reassessment and an acceptance of the of many firsts: February 11, 1997 CONGRESSIONAL RECORD — HOUSE H427 The first Representative of the then newly those who have come before us to make in her commitment to public service, created 11th State Senatorial District in Texas; it possible for us to serve, each and and unlike so many who are quick to The first African-American to be elected to every one of us as African-Americans criticize, to judge others, Ruby has nei- the Texas State senate since 1883; in this institution. ther the time nor the interest in point- The first African-American woman ever to Mr. Speaker, as women in this insti- ing her finger at people. She is too be elected to the Texas State senate; tution, as Asian-Americans and busy extending her hand to help them. The first African-American to serve as the Latino-Americans in this institution, Mr. Speaker, it is an honor for me to Speaker pro tempore of the Texas Senate; we owe a tremendous debt of gratitude count myself as a friend of this great The first African-American to serve as Gov- to the gentleman from Georgia [Mr. lady. ernor for a day in Texas; and LEWIS] and others who made it possible Ms. WATERS. Mr. Speaker, I thank The first Representative of the then newly for us to serve. the gentlewoman from Oregon. I yield created 18th Congressional District. And so these are some of the contexts to the gentlewoman from Florida [Mrs. This month in which we celebrate black his- that we will place over the course of MEEK]. tory, let us remember the awesomeness of this month as we look at our history Mrs. MEEK of Florida. To my es- those that have come before us and renew and as we look at the racial debate in teemed chairwoman and to my good our commitment to build on their strong foun- our country, as we move from O.J. colleague, the gentleman from Ohio dation on which we stand. Simpson to race entertainment and [Mr. STOKES], we owe both of you a Ms. WATERS. I thank the gentle- what race entertainment has really debt of gratitude for giving us this op- woman from Texas. I yield to the gen- done and taken us off of the course of portunity. I want to thank you, and I tleman from Illinois [Mr. JACKSON]. civil rights and fairness for all Ameri- want to thank everyone in this great Mr. JACKSON of Illinois. I thank the cans. I am particularly honored on this country of ours, especially black Amer- gentlewoman for yielding me this time, occasion to thank Congressman LEWIS icans who helped to build this country in light of the reality that this special for making it possible for me to serve and are now waiting and hoping that order will shortly be coming to an end in the U.S. House of Representatives. justice and freedom will come to every- and with the knowledge that before Ms. WATERS. Mr. Speaker, I yield to one. this month will have concluded, I will the gentlewoman from Oregon [Ms. Certainly the history of people of Af- have had three special orders through FURSE]. rican descent is interwoven, Mr. Speak- which I will specifically address issues Ms. FURSE. You know, as a former er, with the history of America. Since of concern to black history. South African, I have seen great his- the first Americans arrived on what is While there are those of us who tory made, history made by people who now American soil, black Americans would suggest that the civil rights refuse to bow down to the horrors of have played an important part in the movement, and it was a crucible in our apartheid, and with many of my col- development of this great Nation. history, our history in this Nation dat- leagues in 1994 in Pretoria, South Afri- I want to limit my remarks this ing from 1619, and every facet of Amer- ca, we saw the wonder of President afternoon to selective passages from ican life during these special orders Mandela taking the oath of office of historic speeches from black Ameri- will be explored. President of South Africa; finally, a cans, and I have chosen quite a few. I just South Africa. b 1615 will mention them to you, but because Mr. Speaker, history is made by peo- of time constraints I will only quote The first of these special orders, Mr. ple, by individual people, black history two or three of them. Speaker, will be this coming Thursday, is made by black people, black individ- First is a Congressman, Robert B. El- and it will be an indepth look at our uals, and I want to speak today of one liott, who came to this Congress, Con- criminal justice system and the role of those individuals who makes history gresswoman Shirley Chisholm, Fred- which African-Americans have played. every day in my community. Her name erick Douglass, Malcolm X, and the I have entitled this particular special is Ruby Haughton. Ruby was the first Reverend Jesse Jackson. They are order O.J. and Race Entertainment. African-American to be named vice some of my heroes; I have many of But I want to take just a minute or so, president of a large bank in Oregon, them, but they are included, and I and a minute is about all that I will the U.S. Bank. This position would be want to, as I stand here this afternoon, need, to pay homage to a particular consuming enough to fill any life, but think about Congressman Robert El- Member of Congress who finds himself for Ruby it is just a start. She is a na- liott. He was one of the 22 African- sitting in the House Chamber on this tional figure in the fight against diabe- Americans to serve in Congress during occasion. tes. Her passion for a cure and better Reconstruction. I was born, as a matter of African- treatment for this devastating disease His last term in Congress was high- American history, on March 11, 1965. is fueled by her love and admiration for lighted by his eloquent support of a On March 7, 1965, in our history it is her mother who suffers from diabetes. I civil rights bill designed to secure known as bloody Sunday. It is the Sun- understand that passion, as my beloved equality for and prohibit discrimina- day that the gentleman from Georgia daughter Amanda suffers with diabe- tion against African-Americans in all [Mr. LEWIS], Martin Luther King, Jr., tes. public places. This is what Congress- and Jesse Jackson and many others in Ruby Haughton has been named to man Elliott said, and I can imagine our history walked across the Edmond the prestigious National Institutes of that each of us could perhaps give this Pettis Bridge for the right to vote. Be- Health, the board that oversees grants speech now, and I quote him: cause of the struggle that they engaged for diabetes research. She chairs the I regret at this day it is necessary that I in in 1965, I now stand here as the 91st cultural diversity committee of the should rise in the presence of an American African-American to ever have the American Diabetes Association. Ruby Congress to advocate a bill which simply as- privilege of serving in the U.S. Con- is a member of the Urban League of serts equal rights and equal public privileges gress. The gentlewoman from Califor- Portland, the NAACP Portland branch for all classes of American citizens. I regret, nia [Ms. MILLENDER-MCDONALD] has and serves on the United Negro College sir, that the dark hue of my skin may lend the privilege of being the 92d, and the Fund advisory board of directors. a color to the imputation that I am con- gentleman from Maryland [Mr. Ruby Haughton is a role model. Her trolled by motives personal to myself in my advocacy of this great measure of national CUMMINGS], the 93d. two sons have been guided by her pas- justice. Sir, the motive that impels me is re- Because of a struggle that our sion for justice, community service, stricted by no such narrow boundary but is foreparents engaged in, it made it pos- and personal responsibility. But Ruby’s as broad as your Constitution. I advocate it sible for us to serve in the U.S. House influence must not just touch those because it is right. The bill, however, not of Representatives to represent who know her, she is far too valuable. only appeals to your sense of justice, but it disenfranchised and locked-out groups, She deserves to be recognized for her demands a sense of response from your atti- whether they are African-American or accomplishments so that all, all of our tude. whether they are white or Asian-Amer- sons and daughters, can learn from her In the end, after a long and very pas- ican or Anglo-American. So, while we dedication. She is talented, beautiful, sionate speech, Congressman Elliott’s will reflect upon the contribution of humorous, deeply spiritual, unyielding bill was defeated, but he stands in my H428 CONGRESSIONAL RECORD — HOUSE February 11, 1997 memory today as fighting the same tlewoman from California [Ms. WA- ville, but his election was challenged and he fight that we are trying to fight here. TERS], had a lot of input in his speech lost his seat after only 2 months in office. And I mention Shirley Chisholm. You for that particular convention. However, by that time, he had already been know her very well. She is still alive. We must dream new dreams, accord- reelected to a new term. Believe it or not, his Those of you who are as old as I am ing to Jesse, expand the horizons of our next term was challenged after ballots were call her ‘‘Fighting Shirley,’’ but now dreams and remove any ceiling or bar- burned in a courthouse fire. And, thus ended she is in Florida. She worked very hard rier that would limit our legitimate as- the congressional career of Florida's first black for Head Start. Well, Shirley Chisholm pirations. Democracy at its best pro- Representative. was a great heroine, and she still is. I vides a floor for everyone but imposes Once Reconstruction began, 21 black Con- will not quote from any of her speeches limits upon no one. The sky is the gressmen were elected in the South between because of time constraints, but I do limit. Let us continue to dream. 1870 and 1901. Following 1901, Jim Crow want you to know that Congresswoman Reverend Jackson went on to say, 20 tightened his grip and it took over for 70 years Chisholm went on to really chastise years ago we came to this hallowed before another black person would be elected the Congress to say, it was Calvin Coo- ground of the Lincoln Memorial as a to Congress in the South. lidge, I believe, who said that the busi- rainbow coalition to demand our free- ness of America is business, and she dom. Twenty years later, we have our For the first 100 years of American's history, went on to sort of challenge them for freedom, our civil rights. On our way African-Americans did not have the right to spending so much money on things to Washington today we did not have vote because they were enslaved. Eventually that certainly were not for the benefit to stop at a friend’s house or a church the Constitution was amended to change the of the social significance of black to eat or use the bathroom. Apartheid status of blacks from three-fifths of a person to Americans. is over. But 20 years later, we still do a whole person. Following the Civil War, some And of course I choose Frederick not have equality. We have moved in. African-Americans were able to exercise their Douglass as well. Most of you know the Now we must move up. right to vote but this lasted for only a brief work of Frederick Douglass who was an I was fortunate enough to have par- time. After Reconstruction, things actually abolitionist, but he contributed a lot ticipated with Reverend Jackson at worsened and Jim Crow ruled the South. The because he was very active politically that time. civil rights movement exploded because Afri- in the fight for justice in America. A Twenty years ago, he said, we were can-Americans were fed up with living as sec- very intelligent man, he called upon stripped of our dignity. Twenty years ond-class citizens in America, ``home of de- America to make the Constitution its later we are stripped of our share of mocracy.'' mandate in making its righteous laws. power. The absence of segregation is Dr. Martin Luther King, Jr., and numerous And Frederick Douglass said: not the presence of social justice or others, sacrificed their lives to have the Voting If liberty, with us, is yet but a name, our equality. Rights Act passed into law in 1965. It has, citizenship is but a sham, and our suffrage And that is the end of Reverend however, taken almost 30 years to implement thus far only a cruel mockery, we may yet congratulate ourselves upon the fact, that Jackson’s quote. in the South. The initial reason majority-minor- the laws and institutions of the country are I am privileged to be here to thank ity districts were redrawn was because of a sound, just and liberal. There is hope for a you and Mr. STOKES for holding this long history of violations of the Voting Rights people when their laws are righteous. special order so we can share with Act. Frederick Douglass went on to say: America the richness of our heritage Following the 1996 congressional elections, Who would be free, themselves must strike and the richness of our history. many journalists reported that the fact that my- the blow. Ms. WATERS. I thank the gentle- self, CYNTHIA MCKINNEY, EVA CLAYTON, MEL- That is why we are all here today. We do woman from Florida. VIN WATT, EDDIE BERNICE JOHNSON, and SAN- not believe, as we are often told, that we are Mr. BROWN of Florida. Mr. Speaker, this FORD BISHOP won reelection proved that the ugly child of a national family, and the year as we observe Black History Month we more we are kept out of sight the better it blacks no longer needed majority-minority dis- will be. You know that liberty given is never should reflect on the all-out attack that has oc- tricts to be elected to Congress. Therefore, as as precious as liberty fought. curred on civil rights, voting rights, and affirm- majority-minority districts continue to be chal- My next hero is Malcolm X. It is ative action programs. We need to renew our lenged, it is important that we not lose sight of shown Malcolm was another great commitment to progress on these political the fact that had it not been for the creation black voice. He was a strong leader fronts. We have witnessed the Hopwood case of majority-minority districts through voting with a very revolutionary cause, and in in Texas, the attack on affirmative action, as rights remedies, it is very likely that many his December 31, 1964, speech to a dele- well as a number of majority-minority districts Members of the freshman class of 1992 would gation of Mississippi youth Malcolm being found unconstitutional and ordered to be not have been elected. Keep in mind it took encouraged these young African-Amer- redrawn by State legislatures. This happened 120 years before Florida elected another Afri- icans to think for themselves, to recog- in my district, the Third Congressional District can-American to Congress. of Florida, as well as districts represented by nize their enemies, and to be assured As African-Americans continue to make Representative SANFORD BISHOP, Representa- that they were not standing alone. progress in education, business, and govern- tive CYNTHIA MCKINNEY, Representative EVA And Brother Malcolm said, one of the ment, there will continue to be attacks. It is im- CLAYTON, Representative MELVIN WATT, and first things I think young people, espe- portant that we continue to press ahead be- just late last week Representative BOBBY cially nowadays, should learn is how to cause there are still people who would like to SCOTT, Representative SHEILA JACKSON-LEE, see for yourself and listen for yourself turn back the hands of time and return Afri- and Representative EDDIE BERNICE JOHNSON. and think for yourself. And he went on can-Americans to the back of the political bus. To say the least, the past 2 years have indeed with this elegance to the end of a fare- Congress now more closely resembles Amer- been hostile. well and constructive speech. ica than it has in the past. My last hero as I move along, and I I, and others, would not have the privilege am not forgetting Martin Luther King of serving in Washington today, if it were not Furthermore, it is important that African- or any of the greats, but I choose Rev. for the courage and sacrifice of those great Americans continue to fight for their right to Jesse Jackson. I am a great advocate leaders who led the way. The progress we, as vote for a candidate of their choice, civil rights, and a great lover of Rev. Jesse Jackson a race, have made could not have occurred and for affirmative action programs that help because he is a world famous Baptist without the groundwork having been laid by promote diversity in the workplace. It is impor- minister, civil rights activist, and po- great African-Americans like former Supreme tant that we continue to support affirmative ac- litical leader. I followed him from his Court Justice Thurgood Marshall, educator Dr. tion programs because they give qualified mi- first time in politics as he ran for the Mary McLeod Bethune, tennis great Arthur norities and women the opportunity to work in President of this country. Reverend Ashe, poet Zora Neale Hurston, Gwen Cherry, professions they, historically, had not been Jackson said: Mary Singleton, and James Weldon Johnson, represented in. While we have made gains, We must continue to dream, but the dream composer of the Negro National Anthem. there is still a long way to go. of 1963 must be expanded to meet the reali- Let me share with you a little information As we approach the new millennium, it is ties of these times. about Florida's first Member of Congress. In crucial that young African-American children Incidentally, the Reverend Jackson 1879, Josiah Wells was first elected to the are prepared and able to walk across that told me that our chairwoman, the gen- U.S. House of Representatives from Gaines- bridge to the 21st century. February 11, 1997 CONGRESSIONAL RECORD — HOUSE H429 Mr. COYNE. Mr. Speaker, I rise today with constitutional changes, significant and well-in- this country has also produced a situation great enthusiasm to join in this special order tentioned though they were, failed in the end today where many African-Americans start life to observe and celebrate Black History Month. to deliver on their promote of equal rights for with fewer resources and further to go than Black History Month provides Americans with all Americans. Despite the temporary gains many equally capable white Americans. It an important opportunity to educate ourselves achieved during the Reconstruction period, Af- seems inconceivable to me that we could step and our children about the many important rican-Americans continued to suffer the ill ef- back today and say seriously say that racism contributions that African-Americans have fects of discrimination, segregation, political and discrimination have been eliminated from made to our country. The annual observation disenfranchisement, andÐin many parts of the our society. While the legal foundation of dis- of Black History Month should also remind us countryÐoutright violence. African-Americans crimination and segregation has been obliter- that the legacy of America's greatest trag- were consistently and systematically denied ated, racism and discriminationÐas well as edyÐmore than 300 years of slavery and the their civil rights for another 100 years after the the legacy of generations of racism and dis- racial discrimination that was used to justify abolition of slavery. criminationÐare still pervasive in our society. itÐremains with us and must continue to be World War II marked the beginning of the African-Americans still face civil rights prob- addressed. modern struggle to deliver on the promise of lems like discrimination, police abuse, and an I want to thank Representatives LOUIS equal rights for African-Americans. In the Civil unreliable system of justice. Consequently, the STOKES and MAXINE WATERS for organizing War, African-Americans had served in large civil rights struggle must go on. And we still this special order today. This special order has numbers in the Union Army in order to prove need affirmative action. I thank Representa- become an annual event. It allows Members their merit and buttress their demands for tives STOKES and WATERS and the Association of Congress to pay tribute to the many Afri- equality. After some initial and temporary suc- for the Study of Afro-American Life and His- can-Americans who have had prominent roles cesses, their hopes were dashed. Eighty years tory for providing us with a forum and a stimu- in our country's history. It allows us to recog- later, their descendants still faced discrimina- lus for discussing this painful but important nize, understand, and appreciate the unique tion and segregation in the Armed Forces as issue. nature of the African-American experience in the United States fought to preserve our own Mr. DELAHUNT. Mr. Speaker, I am proud to our history. And it allows us to celebrate Afri- imperfect freedom. Conscious of this glaring join with my colleagues in this special order can-American accomplishments in the arts, inconsistency, the Pentagon began deseg- celebrating Black History Month. It is truly a sciences, education, business, and politics regating the military on a trial basis during the magnificent historyÐan heroic history if you that have made our country immeasurably war, and President Truman ordered that the will. I thought I would take this opportunity to richer and more diverse. Armed Forces be desegregated in 1948. say a few words about a remarkable chapter Black History Month was the creation of Dr. After the war, the NAACP began an effort to in that history which is being retrieved and re- Carter G. Woodson, a noted African-American expand civil rights for African-Americans turned to us by a dedicated band of preserva- historian and educator. Dr. Woodson estab- through a series of court challenges. This tionists in Massachusetts. lished the Association for the Study of Afro- strategy proved extremely successful in ex- That chapter concerns the African Meeting House of NantucketÐonce a church, a meet- American Life and History in 1915 to encour- panding educational and residential opportuni- ing hall and a school for children prevented age greater appreciation for the many con- ties for African-Americans. At the same time, from attending public school because of their tributions that African-Americans have made African-Americans brought their civil rights struggle to the attention of the rest of America race. to this country. Dr. Woodson subsequently The one-room meeting house was built in by directly confronting many of the existing created Negro History Week as a vehicle for the 1820's, and is one of the oldest standing Jim Crow laws. African-American leaders con- advancing this goal, and this event, which has structures of its kind in the United States. It trasted the accomplishments of African-Amer- evolved into Black History Month, has been embodies a rich history. When the meeting ican servicemen during the war with the dis- observed annually since its inception in 1926. house was built, Nantucket was a center of a crimination that they still faced at home. Other Each year the Association for the Study of whaling industry in which blacks played an in- brave African-Americans risked arrest, impris- Afro-American Life and History selects a com- tegral part. Among the whaling ships that set mon issue or theme for consideration during onment, and physical violence to challenge sail from the island was the Industry, with a Black History Month. such laws. Rosa Parks refusal to abide by black captain named Absalom Boston and an This year, the association has chosen ``Afri- such laws in 1955 led to the Montgomery, AL, all-black crew. Absalom Boston later became can Americans and Civil Rights: A Re- bus boycottÐthe first mass protest by blacks one of the four trustees of the African Baptist appraisal'' as its theme. I think that the asso- in the South. In subsequent years, sit-ins, boy- Church which was to become known as the ciation has chosen a most timely and impor- cotts, and freedom rides provided important African Meeting House. tant topic. The history of the United States can tools for illustrating the need for new civil Absalom Boston's grandfather was a slave perhaps best be interpreted as the history of rights laws. name Prince Boston, who took a whaling voy- a people's long and often painful struggle to As the civil rights movement grew and be- age in 1770. At the end of the voyage, Prince provide the greatest possible experience of came more successful in the early 1960's, Boston's white master demanded that he turn civil rights to the largest majority of its citizens. many white Americans began to reconsider over his earnings. With the help of a white In our pursuit of a more perfect union, we their own attitudes about race. Many con- shipmate, Prince Boston went to court and have repeatedly had to broaden the eligibility cluded that Federal action was necessary. As won his earnings and his freedom, became for membership in that union and to define a result of the civil rights movementÐand after the first slave set free by a jury verdict. That more perfectly the rights that accrue to its lengthy and often acrimonious debateÐCon- year, Nantucket freed its slaves, 13 years be- members. A serious reappraisal of our current gress passed the Civil Rights Act of 1964, fore the rest of Massachusetts followed suit. civil rights policies requires that we look at which prohibited racial discrimination and In 1845, the daughter of one of the founders where we started and how far we have come called for equal opportunity in employment of the meeting house went to court to demand as well as what we may need to do in the fu- and education, and the Voting Rights Act of admission to the public high school, and the ture. I will attempt to provide my own evalua- 1965, which banned poll taxes and provided next year Nantucket became one of the first tion of the civil rights struggle here today. Federal supervision of voter registration and districts in the country to desegrate its While the Declaration of Independence, the elections in places where African-Americans schools. With its strong Quaker tradition, the Constitution, and the Bill of Rights represented had previously been denied the right to vote. island became a stronghold of abolitionist sen- a remarkable advance in democratic self-gov- In 1968, Congress passed the Fair Housing timent. It was there that Frederick Douglass ernmentÐthe likes of which the world had Act at the President's request. This legislation delivered his first public address before a never seen beforeÐthe society that the early prohibited racial discrimination in the sale and mixed-race audience. Republic erected around them had a number rental of housing. These three bills effectively Once the public schools had been inte- of major shortcomings. The most glaring and abolished most State and local laws that sup- grated, the meeting house ceased to operate horrifying of these shortcomings was of course ported discrimination and segregation. as a school, but continued to function as a slavery. The experience of these previous genera- vital institution in the community. In 1910 the The next major expansion in civil rights tions, however, has affected the current gen- meeting house was sold to the owner of a came as a result of the Civil WarÐslavery eration as well-decades of discrimination have trucking business and eventually it fell into dis- was abolished by the 13th amendment, and left many African-Americans today convinced repair. Now, thanks to the efforts of the the 14th amendment to the Constitution was that many opportunities are still denied to Friends of the African Meeting House and the ratified in an attempt to guarantee African- them. This perception is not without justifica- Museum of Afro American History, this ex- Americans the rights of full citizenship. These tion. The long history of racial discrimination in traordinary landmark is due to open to the H430 CONGRESSIONAL RECORD — HOUSE February 11, 1997 public in 1998. I can think of no more fitting tion's struggle to achieve full civil rights for its marks the 50th anniversary of Jackie Robin- commemoration of Black History Month, and I African-American citizens. The pioneers of the son's integration of major league baseball. He commend all of those who have brought this civil rights movement led all of us not only to was the first African-American allowed to play project to fruition. I yield back my time. a more just society, but also to a better under- on a major league teamÐthe Brooklyn Dodg- Mrs. KENNELLY of Connecticut. Mr. Speak- standing of what America was truly intended ersÐwith white athletes. A Pasadena, CA, na- er, one of our great blessings as a nation is to be. The enormous debt we owe them tive, he effectively paved the way for African- our extraordinary cultural diversity. This varied should be remembered, not only during Black Americans to be active participants in profes- heritage makes the mosaic of American life History Month, but throughout the year. And sional sports. one of unparalleled richness and beauty. And the best way to honor them is to continue their More importantly, his actions on and off the a key part of that mosaic is our African-Amer- struggle. Thank you very much. baseball diamond have served as an example ican heritage, which we honor and celebrate Mr. KILDEE. Mr. Speaker, in honor of Na- for confronting racial hypocrisy in this country each February during Black History Month. tional Black History Month, I rise today to pay and beyond. The dignity with which he han- No area of American accomplishment or special tribute to the African-American people, dled racism among his teammates, fans, ho- achievement has remained untouched by Afri- both past and present, who have made Amer- tels, and restaurants stirred the conscience of can-Americans. Educators like Johnetta Cole ican a better place to live. it is because of America and held people accountable for their open minds. Entrepreneurs like Earl Graves their tremendous sacrifice and faith, as well as actions. Beyond establishing the black man's create successful businesses. Jurists like Leon their educational, economical, and social con- right to play baseball, he transcended racial Higginbotham protect our rights. And astro- tributions, that helped make the United States barriers and proved that mutual respect is an nauts like Mae Jemison explore the very na- of America the leader of the world. essential element of sportsmanship. He was ture of our universe. Our Nation owes its African-American citi- not only an athlete, but a person that truly Thie year, Black History Month's theme is zen a debt it can never repay. During the Rev- earned the title of role model. His name con- ``African Americans and Civil RightsÐA Re- olutionary War, African-American patriots tinues to live on through the Jackie Robinson appraisal.'' Today, as our Nation struggles to fought and died defending the civil rights de- Foundation, established by Rachael Robinson redefine its commitment to affirmative action scribed in the U.S. Constitution before they in 1973 for the purpose of developing the and to ensure that all Americans enjoy equal were allowed to enjoy these rights themselves. leadership potential of minority and urban opportunity, we have the chance to reflect on In every war since then, African-American youth. how far we have come and to judge how far people have fought and died with the utmost Ms. EDDIE BERNICE JOHNSON of Texas. we have yet to go. But even as we honor valor and courage, yet without equal protec- Mr. Speaker, I rise today in recognition of those whose courage and leadership in the tion under the law. The segregation of U.S. Black History Month. cause of equal rights made their names famil- military troops is just one example in a long Since 1976, Americans have celebrated, in iar to every American, we should also recog- line of injustices perpetrated against African- the month of February, the accomplishments nize those who may not be as well known, but Americans in our Nation's history. and heritage of African-Americans. Brought who nonetheless have served well. Our country learned invaluable lessons from here as slaves, shackled, and beaten, African- Such a man was John Stewart, Sr., who the African-American people who led the civil Americans now represent 12 percent of the was active in the civil rights movement in my rights movement in the 1950's and 1960's to U.S. population, approximately 30 million. De- own city of Hartford, CT, beginning in the eliminate racial barriers. As a schoolteacher, I spite many obstacles and hurdles, this large 1920's. He was an original member of the will never forget hearing Thurgood Marshall group has made significant achievements in Hartford Independent Political Club, founded in speak after the winning the Brown versus the building and shaping of America. 1928 to advance the political interests of Hart- Board of Education Supreme Court decision Most African-Americans have on their list of ford's African-American community. In the which declared separate but equal was uncon- movers and shakers Crispus Attucks, the first 1950's, he founded the Citizens Community of stitutional. His work helped open up our man to die in the Boston Massacre of 1770; the North End. In the late 1960's, he became schools so children of all races can learn and Harriet Tubman, the leader of the Under- active in High Noon, a group that reached out grow up together. And I was never so proud ground Railroad; Dr. Martin Luther King, Jr., a from the African-American community to other than seeing Ms. Rosa Parks refusing to give drum major for justice; and Rosa Parks, the civic and business organizations. Through it up her seat on that bus in Montgomery, AL. mother of the civil rights movement. And, the all, he worked with the NAACP and the Urban Or watching James Meredith's courageous ef- list goes on. League. This grandson of a slave lived to see forts in desegregating the University of Mis- But, if we stop and reflect on where we his son become majority leader of the Hartford sissippi. have gone since the marches and sit-ins and City Council and the city's first African-Amer- Every day I try to live by the principles set boycotts of the 1960's, have we really gone ican fire chief. forth by one of the greatest leaders in history, far? But remarkable as he is, he is just one of Martin Luther King, Jr. His teachings of toler- Despite African-American contributions to many extraordinarily talented individuals who ance and nonviolence profoundly changed society, African-Americans are still not fully worked in the early days of the civil rights America. It was the contributions of these recognized for their worth and potential to this struggle in Connecticut. Collin Bennett, entre- great African-Americans, and millions of oth- Nation. This is ironically portrayed by the title preneur and minister, was the first Caribbean ers, that made out country realize that we can ``Black History Month,'' the time set aside to American to be elected to the Hartford City be a better nation and that we must work to learn the history of a people. One month can- Council. At the University of Connecticut, law end racial bigotry. not capture the infinite historical treasures that professor John Brittain has become a national As a member of the Michigan State Legisla- African-Americans have embedded into the expert on civil rights law. The late State sen- ture, I introduced the very first Open Housing fabric of this society. A more appropriate title ator Wilber Smith was an eloquent champion Act which outlawed housing discrimination in would be ``Black Emphasis Month'' symbol- of equality and justice who helped Connecticut Michigan. In my 32 years in public office, I izing that black history should not be a sepa- become the first State to adopt enterprise have consistently voted in favor of civil rights rate course taught only in February. Rather, zone legislation for urban centers. Arthur legislation because I believe out country must we should make daily efforts to correct the Johnson, the first executive director of Hart- grant every person an equal chance to suc- history that is taught to our children. Our chil- ford's Human Relations Commission, presently ceed in America. And while we have made dren deserve to know that their forefathers serves on the Hartford Inquirer's editorial significant progress in eliminating racial dis- and foremothers had the creative minds and page, his social commentary as insightful as crimination in our country, there is no question intellect to make important contributions to this ever. The late Isabelle Blake, a longtime pro- we still have a ways to go. During this month society that we may sometimes take for grant- ponent of elementary education and welfare of observance of Black History Month, let us ed, such as the inventions of the light bulb fila- rights, was one of the founders of the Con- rededicate ourselves to eliminating discrimina- ment and the traffic light. necticut African-American Day parade. And tion against all people so our country can Importantly, we should use this month as a Elizabeth Horton Sheff, a former member of reach its full potential, and America can truly time to reflect not only on recognizing the con- the Hartford City Council, continues to blaze be the beacon of light for the world. tributions of African-Americans to the Amer- trails: along with her son Milo, she is leading Mr. WYNN Mr. Speaker, as we celebrate ican society, but we must also think of Feb- the quest for equal educational opportunity the history and culture of African-American ruary as a month in which we ponder the trav- and better schools for Connecticut students. people this month, let us pauses to pay tribute esties suffered by an entire race of people. Mr. Speaker, American history contains few to someone to whom we owe a debt of grati- The battles are not over. Hopwood versus chapters as inspiring and uplifting as our Na- tude for the ``first'' he provided us. This year Texas was a blow to many individuals hoping February 11, 1997 CONGRESSIONAL RECORD — HOUSE H431 to further their educations. This decision, be one of a role-model for her devotion to icans have improved since the 1950's, and, in- which rendered admission criteria which take public service, her unabashed faith in the Con- deed, there is no doubt that relations between race into account unconstitutional, shattered stitution, and her ethical fortitude which is all blacks and whites have improved. However, the hopes and dreams of would-be legislators, too rare in today's political climate. segregation, poverty, discrimination in jobs, attorneys, and teachers. In the summer of 1974, our democracy housing, and many related problems continue To be sure, the decision did not raise stand- faced its greatest test, and our Constitution its to persist, and continue to erode the so-called ards; the intellectual capacity is ever-present. greatest challenge. As the House Judiciary American dream. Rather, it took away the incentive, that extra Committee considered the fate of President Today, we celebrate an America that is push needed by someone that may be from a Nixon during the Watergate hearings, it was a more culturally enriched, intellectually devel- broken home or a first-generation college stu- young African-American woman from Houston, oped, and technologically advanced because dent. This measure tried to kill the aspirations TX, that pointed the way through the fog of of the contributions of African-Americans. of our Nation's youths. Affirmative action gives the time to the correct path to pursue. Rep- However, as the 20th century nears it close, those less fortunate than others the initial op- resentative Jordan stated in plain language there is still widespread ignorance about Afri- portunity to prove themselvesÐnothing more, that no one, not even the President, was can-Americans and our contributions to this nothing less. We will not need race-based cri- above the law of the land. Her faith in the society. teria once we have the initial opportunity. Constitution, she said, remained strong de- Of the 40 African-Americans elected to Con- In 1996, the Supreme Court, the highest spite the fact the Founding Fathers did not gress this year, many came from districts sup- court in the land, struck another blow to minor- originally include her in their definition of ``we ported by black voters. However, the districts ity voters. Bush versus Vera, which declared the people.'' Subsequently, during one of our were ruled unconstitutional if race was the unconstitutional congressional redistricting Nation's darkest hours, Ms. Jordan helped re- predominant factor in designing them. But, a plans that gave black and Hispanic voters store our faith in the foundations of democracy 90-percent white congressional district in more clout was a setback because it could ul- and carried us forward to form a more perfect Texas is ruled constitutional, whereas, a 5- timately mean that those constituents may union. percent black Texas district that sent the late have a harder time gaining representation in Following her service in Congress, Ms. Jor- Barbara Jordan to Congress is ruled unconsti- Congress. Rising to the challenges they faced, dan began a second tier of public service by tutional. many U.S. Representatives, including myself, teaching public affairs at the University of Imagine what kind of effect these and other were not defeated. Texas. Despite the fact that her body was related issues have on the life and mind of a However, you must take note that we won crippled by multiple sclerosis, her spirit and young African-American who knows less about reelection because we first had the chance to her mind grew stronger. For over a decade, hope and faith than I do. serve. Affirmative action is that opportunity. Af- she taught students at the University of Texas Mr. Speaker, the acceptance by some firmative action is what is needed to first prove a class on ethics which demanded students Americans of Dr. King's messageÐthat men yourself. It is needed as a corrective action to search their souls for the answers to tough di- should not be judged by the color of their skin change disparities from the past. When such lemmas. Ms. Jordan's class was extremely but by the content of their character has made corrective action is taken away, we may not popular despite the difficult reputation it it possible for blacks to gain considerable in- have any more initial opportunities for suc- gained, requiring a lottery each semester to fluence in various fields. cess. We got the message out to our constitu- select the handful of students to have the For example, in politics, blacks now serve in ents, and I want to get the message to you honor of taking Ms. Jordan's class. Thus, Ms. unprecedented numbers in elected and ap- today, to see that now more than ever it is a Jordan carried on the task of teaching the les- pointed positions in Federal, State, and local time to stand up for what so many others have sons of citizenship to another generation, and government, including this great body. We died forÐour freedom, our rights. preparing our young people to carry out the have won recognition in such art forms as lit- In light of these abhorrent things that are tasks so vital to our democracy. erature, film, and theater. We have received going on today, we must reevaluate, re- Barbara Jordan passed away a little over a some of entertainment's highest awards, in- appraise our civil rights gains. Glass ceilings year ago. Her reputation will precede her for cluding the Oscar, the Tony and Golden Globe are not being removed. Affirmative action is years to come. It is important to remember honors. We have reached the highest levels in being challenged from every angle. We have Ms. Jordan today and always as not only a professional sports such as basketball, boxing, the opportunity to use these stumbling blocks great African-American, but as one of the tennis, football, and track and field. And, in and make them stepping stones. But we must central figures in American history in the late music, we have made significant influence by be active in order to be instrumental in this 20th century. As we took towards the next mil- creating new musical categories and delighting struggle. lennium, with the need for racial harmony and audiences at home and abroad. What underground railroad are you leading? the collective healing of our wounds as tanta- These accomplishments are all good news. Are you a drum major for justice, for peace, mount as ever, it is imperative that we look to- But they are still not enough. for equality? We must look the grim facts in wards the example Barbara Jordan set for all As we continue to debate affirmative action the face. We must not be passive. We must of us. Her standards may have been high on policies, we realize that the struggle to ensure stand up and take charge of our own destinies the bar, but they were nonetheless the meas- equal opportunity for African-Americans con- and take someone else with us. Then, and uring stick we should all aspire to reach. She tinues. The real issue is civil rightsÐcivil rights only then, can we, as a people rise up and defined what it means to be an American for that redeem our fundamental American sense fight the injustices that have plagued our peo- many of us, and her accomplishments will not of hope and rights that affirm our basic values ple since we stepped foot on American soil. soon be forgotten. and aspirations as a Nation. Mrs. CARSON. Mr. Speaker, I would like to Mr. HASTINGS of Florida. Mr. Speaker, I African-Americans continue to have an up- thank the gentleman from Ohio [Mr. STOKES] take great pride in this opportunity to join the hill struggle. However, it is my hope that this and the gentlewoman from California [Ms. WA- Congressional Black Caucus and other Mem- Nation would heed the words of the late Jus- TERS] and the other members of the Congres- bers of this body to pay tribute to African- tice Thurgood Marshall who said: ``We will sional Black Caucus for allowing me this op- Americans who have contributed enormously only attain freedom if we learn to appreciate portunity. to this great Nation. I, too, want to thank the what is different, and muster the courage to In celebration of Black History Month, there gentleman from Ohio, Mr. STOKES, and Rep- discover what is fundamentally the same.'' are literally hundreds of individuals from the resentative MAXINE WATERS, chairperson of Today, I call on this society to give the ordi- past that could be remembered for their the Congressional Black Caucus for their ef- nary people of this great Nation an equal op- achievements for African-Americans. The one forts in organizing this special order. portunity, a quality education, and a fair shot I would like to remember today was once a As we celebrate Black History Month, we at the American dream. Let history record that member of this auspicious body, and her work must remember the origins of this celebration, we in our time faced our challenges remem- in this Chamber will be remembered through- as it dates back to 1926. It was then, that Dr. bering who we are and believing that we are out history for its honesty and integrity. Carter G. Woodson, a noted historian, and au- more than our brother's keeper. Barbara Jordan has often been described thor, initiated the observance of ``Negro His- Mr. VISCLOSKY. Mr. Speaker, I am pleased as having ``the voice of God,'' one which could tory Week.'' to participate today in this special order to shake the rafters if necessary, and one which Each February, Dr. Woodson, whose own commemorate Black History Month. As we always weaved a sense of urgency through an contributions were inestimable, advocated set- celebrate the great contributions of African- audience. Yet Ms. Jordan's legacy lies far be- ting aside a week to honor the achievements Americans throughout the history of our coun- yond her oratorical skills. Her reputation will of African-Americans. The lives of black Amer- try, we can look to the civil rights movement H432 CONGRESSIONAL RECORD — HOUSE February 11, 1997 of the 1960's as a pivotal time when what the successful transition from high school to 1977, Gwen B. Giles became the first African ``was'' and what ``could be'' were brought into secondary education, the military, or the work American woman elected to the Missouri Sen- striking relief through sometimes violent con- force. ate and the first woman elected to the office flict. Mr. Speaker, activists like Mr. Piggee will of city assessor in St. Louis. Mrs. Giles was a The civil rights movement was a period of ensure that at all levels the fight for equality tireless advocate for civil rights and for the enormous growth for our country. As a nation will not end. His work should inspire us all to rights of the disadvantaged. As an elected offi- we were forced, by great African-American look to the future and know that change is al- cial and in her roles as executive secretary of leaders, such as Dr. Martin Luther King, Jr., ways at hand. His work shows us that what is the St. Louis Council of Human Relation, Di- Malcolm X, and others, to examine ourselves today, can be better tomorrow. In closing, I rector of the Civil Rights Enforcement Agency and confront the forces of hate and ignorance would like to commend my colleagues, Rep- and as a founder of the West End Community that were cleaving our society. That tumul- resentatives LOUIS STOKES and MAXINE WA- Assoc., Mrs. Giles was a builder of community tuous period is now behind us, and many TERS, for organizing this important special between the races. Mrs. Giles died on March order on Black History Month. great things have happened as a result of that 26, 1986, but she remains a pioneering spirit Mr. GEPHARDT. Mr. Speaker, I am pleased struggle. The African-American community in St. Louis for her dedication to the principle was strengthened, and as it was, so was the to rise today with my colleagues in celebration of African American History month. The theme and the practice of equality for all citizens. entire Nation. Today, I honor her historical achievements As we face the present, and look ahead to for this year's African American History Month and contributions as well as those of other Af- the future, however, some stark realities exist. Observance is ``African Americans and Civil rican Americans in Missouri and throughout The fact remains that much still needs to be Rights: A Reappraisal.'' When we reappraise our Nation. accomplished before true equality and racial we take stock, we review, and we measure harmony is a fact of life in this country. Now, the value of the item in question. As we re- We celebrate this anniversary of the Voting more than ever, we need strong African-Amer- appraise the civil rights laws that we have Rights Act and we commemorate African- ican leadership. We must have African-Amer- passed in this body, laws that have helped re- American History Month as we approach a ican activists, who, like the leaders of the civil alize for many of our citizens the promise of new century at the crossroads of civil rights rights movement, are able to take action and equal opportunity embodied in our constitution, and race relations in our nation. There are inspire. I can say without question that they have ap- those who look at the gains that African-Amer- One such activist-leader lives in Indiana's preciated in value and are worth more today icans have made in the ballot box, in employ- First Congressional District. Mr. James Piggee to our Nation and our people than they were ment, in business and in education, and they has been a teacher and coach in the Gary, IN, 30 years ago. They are of greater value be- no longer recognize the need for vigorous en- school system for 30 years, and his activism cause we can look back and see how far we forcement of our civil rights laws. They tolerate is unique in that it focuses on educating young have come and recognize that we are a better both direct and indirect attacks on the corner- black students about their past, while at the Nation because of the existence of these laws. stones of our most monumental civil rights same time giving them an opportunity to pre- Thirty years ago as the fog of racial oppres- achievement. We have seen these attacks pare for the future. sion was only beginning to clear we could not take many forms. From the wholesale attacks For the past 12 years, Mr. Piggee has been have made such an assessment. on affirmative action to the more subtle and actively involved in organizing and leading the As we made this reappraisal of civil rights strategic strikes against the Voting Rights Act we also mark an important anniversary. It was historical black college tour in which over through the recent court challenges to minority 15 years ago that we passed the 1982 major 1,800 students from across the United States congressional districts, these attacks have the improvements to the landmark Voting Rights have participated. This experience has al- collective impact of moving us backward to- Act of 1965 which extended and strengthened lowed African-American students to experi- ward our past of racial intolerance rather than the enforcement provisions of the law. Some ence various parts of their history and culture forward toward the promise of the new cen- have described the Voting Rights Act as our as it has developed in traditionally black col- tury. They could not be more wrong. For those Nation's most effective civil rights legislation, leges and universities throughout the country. of you who say you support our civil rights and I count myself among that group. I con- In addition to gaining an historical perspective laws in principle but through inaction dilute on African-American intellectual life, they get a sider the votes that I have cast in support of their effectiveness and drive wedges that fur- chance to learn about the schools they may the extension of the Voting Rights Act among ther racial division and hostility, today I chal- one day attend. the most important votes of my 20 years in lenge each of you to make your deeds match One of the many positive results of Mr. Congress. Because of the Voting Rights Act your rhetoric. I challenge you to stop pulling at Piggee's work is that over 60 percent of the there has been a dramatic increase in the par- students who participated in one of the tours ticipation of African Americans and other mi- the dangling threads of intolerance that threat- enrolled at one of the colleges they visited. As norities in the electoral process at all levels of en to unravel the great blanket of civil rights part of his work, Mr. Piggee has helped over government. As a result of the Voting Rights protections we have all worked so diligently to 500 students secure grants, scholarships, and Act African American voting participation in weave. As we make this reappraisal of civil financial aid to historically black and other col- some congressional districts has increased by rights in this month that we celebrate black leges and universities in the United States. tenfold. I look around this institution and I see history, we must all recommit ourselves to Mr. Piggee, who tragically lost his son Marc the power of the Voting Rights Act. Today supporting the enforcement of our civil rights in a drive-by shooting on November 12, 1996, there are 39 African American members of laws. We cannot fail to leave this important is an active member in many civic and com- this body and if we were to poll them I believe legacy intact and of greater value to those munity organizations in northwest Indiana, in- they would tell us that their presence here is who may stand in this place 30 years from cluding the board of directors of Indiana Black due in no small measure to the Voting Rights today and make a similar reappraisal. Expo, the State Board of Minority Health Coa- Act. One of those members is BILL CLAY who Mr. ROTHMAN. Mr. Speaker, I rise today to lition, and Healthy Start. He is a recipient of in his 28 years of congressional service is the join with my colleagues in honoring the Afri- many distinguished awards, such as the Gov- dean of the Missouri Congressional Delega- can-American community, as we commemo- ernor's Voluntary Action Programs and Excel- tion. He was a civil rights leader in St. Louis, rate Black History Month. lence in Education Award, Indiana University's our home town, during the struggles of the The fabric that is America owes an impor- Outstanding Teacher Award, Gary and 1950's and 60's, and he is my leader in the tant debt of gratitude to the accomplishments Merrillville, IN, Lions Club Teacher of the Year Missouri delegation. I have had the pleasure and genius of the African-American commu- Award, Inland Steel Teacher of the Year of serving with BILL for all the years that I nity. We are, in a very real sense, a whole na- Award, Gary Community Corporation Heritage have been a member of this body. This institu- tion due to the untold contributions of African- Award, National Council of Negro Women, tion is a better place because of the presence Americans in the fields of science, education, Gary, IN, Chapter, Outstanding Service of BILL CLAY and the other African American politics, commerce, sport, culture, and in so Award, and the Indiana State Board of Health members of the 105h Congress and those many other fields of endeavor. Outstanding Service Award. who have come before them, and we are a Besides his continued dedication to teach- better nation because of the Voting Rights Act. I am proud to represent thousands of Afri- ing, Mr. Piggee is also the coordinator of the In addition to BILL CLAY, who was the first can-Americans in the Ninth Congressional Dis- developing options opportunity for responsible African American Member of Congress from trict of New Jersey. From Englewood to May- students, or DOORS, program. This program Missouri, I would also like to recognize an- wood, Jersey City to Teaneck, African-Ameri- provides an environment that is conducive to other civil rights leader from St. Louis. In cans represent the very best that our region of February 11, 1997 CONGRESSIONAL RECORD — HOUSE H433 New Jersey has to offer. Hard working and ac- Racial tensions still exist within our borders. No study of African-American contributions tive in the civic life of their respective commu- It is clear to me that there is still work to be to American political life would be complete nities, African-Americans constitute an impor- done. In schools, neighborhoods, and commu- without a recognition of the life and work of tant part of what makes northern New Jersey nities, we should seek out commonality and Louis Emanuel Martin, who the Washington such a special place to live. celebrate our diversity, instead of looking to Post once referred to as the ``godfather of But while prosperity is increasingly being se- separate as a result of our differences. black politics'' and who passed away only a cured by African-Americans in New Jersey This is why we need to embrace all cultures few short weeks ago. and across the United States, we should not and not only recognize, but celebrate the Born in Shelbyville, TN, November 18, forget the recent past. Racism, embodied in achievements of black Americans. As we trace 1912, and raised in Savannah, GA, Louis E. so many aspects of American culture years our history, we can point to African-Americans Martin attended Fisk Academy High School ago, has still not disappeared. The civil rights who have made significant contributions to our and received his bachelor's degree in English struggle, which so honorably sought to erase country, from authors and sports heroes to po- from the University of Michigan in 1934. racism, has not ended. And so today, like litical icons, including: Booker T. Washington, A journalist by profession, Martin joined the every day, all Americans, of all backgrounds, Willie Mays, Thurgood Marshall, Marcus Gar- staff of the Chicago Defender after completing need to take a look at ourselves and recommit vey, Barbara Jordan, Langston Hughes, and his education at the University of Michigan. In ourselves to erasing racial prejudice. many other great men and women. 1936 he became publisher of the newly-cre- Mr. Speaker, almost 35 years ago Dr. Mar- As a nation, let us always acknowledge the ated Michigan Chronicle. During his tenure at tin Luther King, Jr., spoke to America from accomplishments of African-Americans and the Chronicle, he published a book of poems Washington, DC. He said, ``I have a dream celebrate them. Not only today, or during by Robert Hayden and aided Walter Reuther that my four little children will one day live in Black History Month, but every day. who was organizing the United Auto Workers. a nation where they will not be judged by the Mr. DIXON. Mr. Speaker, America is a Na- In 1947 he moved back to Chicago to be- color of their skin but by the content of their tion built from the labor, love, and dreams of come editor-in-chief of Chicago Defender pub- character.'' On this day, February 11, 1997, people from all corners of the globe. Black lications and helped found the National News- and every day, let us make Martin Luther History Month offers America a chance to cel- paper Publishers Association, serving as its King, Jr.'s dream our own, and everyday, let ebrate the achievements and contributions of president. Three years later Martin was named us make Martin Luther King, Jr's dream our one of her many peoplesÐAfrican Americans. editor-in-chief of Sengstake Newspapers. Dur- own, and work toward a nation that can rid it- To help preserve our history it has taken the ing this period he also wrote a weekly column self of racial injustice. herculean efforts of such people as Dr. Carter on politics and was an active civic leader, Mr. FROST. Mr. Speaker, I would like to G. Woodson, a Harvard Ph.D. who started lending his support to black entrepreneurs, art- take this opportunity to pay tribute to the Afri- Negro History Week in 1926 and founded the ists, and civil rights leaders. A pivotal moment in Louis Martin's life came can-American men and women who have association for the study of negro life and his- when fellow Chicagoan R. Sargeant Shriver helped make our Nation strong. Through mu- tory; Arthur Alonzo Schomburg, a Puerto asked Martin to work on the election campaign tual tolerance and understanding we have Rican-born New Yorker who amassed a col- of his brother-in-law John F. Kennedy. Martin, made significant strides in acknowledging and lection of books, manuscripts, and letters by who was named deputy chairman of the appreciating our diversity. blacks of the Caribbean, Europe, and Amer- Democratic National Committee in 1960, was In our Nation's short history we have ica; and Daniel Alexander Payne Murray, a instrumental in arranging the sympathy call learned that differences between people can black man hired as an assistant librarian for that Kennedy placed to Corretta Scott King be addressed in one of two ways: either Library of Congress in 1881 and whose collec- when her husband Martin Luther King, Jr. was through strong division and aversion, or tion of books, documents, manuscripts, and jailed in Atlanta on a traffic violation. through understanding and real cooperation. letters laid the foundation for the Library of Louis was an indispensable adviser to Division solves nothing, understanding is the Congress' current expansive holdings in Afri- Presidents Kennedy, Johnson, and Carter, key. Throughout much of this century, African- can American history. playing a key role in garnering support for Americans have been the driving force in We must continue the work of Woodson, landmark legislation such as the Civil Rights building an appreciation and understanding of Murray, and Schomburg because, as Dr. Act of 1964 and the Voting Rights Act. He diversity. Woodson argued in ``The Miseducation of the helped open doors for a number of talented One cannot look at the United States with- Negro,'' a greater understanding of black his- African-Americans, influencing the appoint- out acknowledging the contributions African- tory provides African Americans with potent ments of Solicitor General Thurgood Marshall Americans have made in a variety of different weapons in the fight against racism and at- to the Supreme Court, Andrew Brimmer as the areas. They have been involved in nearly tempts to devalue the contributions of African first black member of the Federal Reserve every major event in U.S. history and have en- Americans. Board, and Robert C. Weaver as Secretary of riched American culture throughout. Undeni- Even more important than just celebrating Housing and Urban Development. ably, African-Americans have played key roles black history to counter negative views of Afri- Probably Martin's most lasting legacy will be in the progress and prosperity of the Nation can Americans or for its academic value, we the Joint Center for Political and Economic and the world. Only when we recognize these must continue to celebrate it because current Studies, which Martin founded in 1970 to pro- accomplishments can we truly see the rich- and future generations need this knowledge. vide technical assistance and support for black ness of our country. I challenge each of you to talk to a young office holders and scholars across the country. In 1926, Dr. Carter Woodson first called for person and ask them what they know about The joint center has blossomed into one of the a period of time to be set aside for the rec- black history, and I bet you'll find that Martin premier research institutions in the Nation and ognition of important historical achievements Luther King, Malcolm X, and slavery will be the only think tank which focuses the majority by African-Americans. Fifty years later, our the majority of answers you receive. As adults of its efforts on issues of importance to Afri- Nation acknowledged February as Black His- we know that the sum total of our history is can-Americans. tory Month. With each annual celebration, we more than just the civil rights struggles of Although Louis Martin traversed the cor- find ourselves recognizing new milestones Af- 1950's and 1960's. However, knowing is not ridors of power, he did so without vanity or de- rican-Americans have made and barriers that enough. We must continue to impart the story sire for notoriety. He reveled in working behind have been broken. of our history to our youth, whose perspective the scenes to bring about real opportunities for For example, this year for the first time in on life will only be enhanced by learning of the African-Americans. As his daughter Trudy Hat- our Nation's history, seven African-Americans great achievements of their ancestors. ter of Diamond Bar, CA summed it up, ``he were awarded the President's Medal of Honor Imparting this history means we must con- worked hard all the time, but not for himself.'' for their bravery during World War II. These tinue to educate ourselves and share the sto- I urge all of my colleagues to join me in men were among the bravest of the brave, ries of lesser known, but equally important fig- celebrating his life and extending heartfelt con- they risked their lives for our country. These ures in black history. dolences to Louis Emanuel Martin's wife Ger- African-Americans gave so much, so that the The association for the study of Afro-Amer- trude and their children Trudy, Anita, Toni, rest of us might be free. We owe them a huge ican life and history reports that the theme for Linda, and Lisa. His vision, compassion, intel- debt of gratitude. I am only sorry it took so the 1997 Black History Month observance is ligence, and courage have blazed trails for his long to give these men the recognition they so ``African-Americans and Civil Rights: A Re- fellow African-Americans and have left an in- rightly deserve. This honor was well overdue. appraisal.'' In keeping with this theme, we delible mark upon the history of this Nation. It illustrates well the point that, we have come should examine the progress blacks have Mr. BOYD. Mr. Speaker, we celebrate a long way, but we have a long way to go. made in developing political power. America as a nation of diverse peoples who H434 CONGRESSIONAL RECORD — HOUSE February 11, 1997 share a common vision: freedom, independ- taken on additional challenges including ado- He has done so much single handedly to de- ence, and liberty. Throughout our history, this lescent pregnancy, single female-headed stroy hate and prejudice in our Nation that the diversity has served us well. The fabric of our households, and crime in the African-American outpouring of grief and sympathy upon the communities has been strengthened by the community. murder of his son has been phenomenal. contributions of all of our people. By the time Gleason retired in 1991, his So many barriers have been broken that So as we celebrate Black History Month, we strong leadership brought the Minneapolis there are very few segments of our society still should be mindful of the rich history and vast Urban League from a staff of three and a closed to blacks. Tiger Woods has become contributions that African-Americans have budget of $45,000 to a staff of over 100 and the most famous black golf player in history, madeÐand continue to makeÐto our society. a budget of $3 million. Before his untimely thus knocking down one of the remaining color We marvel at the courage of Dr. Martin Luther death in 1994, Gleason was responsible for barriers left in our society. King. We are humbled by the eloquence of making the Minneapolis Urban League one of Alvin Alley's contributions to the dance; Wilt Barbara Jordan. And we are enriched by the the most important civil rights/social service Chamberlain's revolutionizing the game of brilliance of Ella Fitzgerald. agencies in Minnesota. basketball; Arthur Ashe teaching the Nation And there are thousands more. In north Again, I am proud to recognize the impact how to play tennis and how to face devastat- Florida, Rev. R.B. Holmes fights for a better and influence both Cecil Newman and Glea- ing disease with grace; Barbara Jordan articu- future for all children through his efforts to son Glover had on the lives of many Minneso- lating love of our form of Government; James build the best charter school in our Nation. Al tans. Their dedication and commitment to pub- Baldwin breaking new ground with the art form Lawson works hard every day in our citizen's lic service made them great community lead- of the novel; Henry Johnson, a black man who legislature to improve the lives of all of our ers who will be long remembered. was the first American soldier to be decorated families. And, at FAMU, JIM DAVIS makes a Mr. GILMAN. Mr. Speaker, I rise today to by France during World War I; Dr. Mae C. difference by trying to open the doors to high- join my colleagues in honoring black history Jemison, our first female black astronaut; Wil- er education for all of our children. month for 1997. I would like to thank the gen- liam Brown, mayor of San Francisco; Alex So, today, we proudly recognize the great tlewoman from California [Ms. WATERS.] for ar- Haley, who single-handedly revived the pursuit role that African-Americans play in every facet ranging the time for this special order. of family genealogy while instilling pride in of our human society. In that recognition we Black history month is an appropriate time black history; anthropologist Zora Neale also seek to build a more perfect America. We to recognize the outstanding black men and Hurston; poet and Amnesty International lead- seek to work together as leaders, parents, women who have contributed so much to our er Akua Lezli Hope. The list of prominent Afro- thinkers, artists, and students to make tomor- society. As my colleagues have pointed out, Americans in every field of human endeavor in row's America better than today's. Our com- our history books do not yet recount the sig- the Untied States is endless. mon goals are built on the common ground nificant efforts of many African Americans and In the 1960's, the moral conscience of the that all families seek: safety, security, and op- all they have accomplished to make America entire Nation was finally awakened, and our portunity. We know that we can only realize the great Nation that it is today. laws were finally brought into compliance with those goals when we work as one. For example, Crispus Attucks, a free black the principles of our own American Revolution, Mr. SABO. Mr. Speaker, it is my privilege to man who, at the Boston massacre, was the Declaration of Independence, Constitution, participate in the celebration of Black History first American to die for the revolutionary and Bill of Rights. Mr. Speaker, I never cease Month this year by honoring two extraordinary cause. After our war of independence was to be amazed at how many young people civic leaders of Minnesota. I rise today to won a black man by the name of Benjamin today have trouble understanding how con- honor Cecil Newman and Gleason Glover, Banneker laid out our Capitol City of Washing- troversial the quest for civil rights was at the both of whom were influential and notable fig- ton, DC. time, and how severe the sacrifices were of ures in Minnesota's civil rights history. African Americans were among the most those who fought at the time. We must not let Cecil Newman is most noted for founding courageous and determined fighters in the war future generations grow up unaware that a both the Minneapolis Spokesman and the St. to end slavery. While thousands of black men steep price was paid for equality and justice. Paul Recorder, the oldest African-American- and women were dying at the hands of their Black history month is an appropriate time owned newspapers in Minnesota. In 1935, owners as examples to their peers, thousands to recall and recite the events in which black when the newspapers were first published, more were escaping to the north by way of the Americans changed our Nation's policies and Cecil delivered them by foot. Today, the underground railroad founded by Sojourner attitudes. But we must also remind our stu- Spokesman and the Recorder are disbursed Truth and Harriet Tubman. And of course, let dents and our citizens that the struggle for to over 26,000 Minnesotans. us not forget the tens of thousands of black equality continues today not only in the United The newspapers were two among many of soldiers who sacrificed their lives to end slav- States but also abroad. Fortunately, today we Cecil's remarkable achievements before he ery in the Civil War. are blessed with heroic black men and women died in 1976. Mr. Newman was also respon- While the Civil War helped to end slavery in who work to bring our races closer together sible for persuading many African-Americans policy, it did little to eradicate social slavery. and set a shining example for our youth. to exercise their right to vote and was a promi- When Jim Crow laws threatened to prevent It is imperative that we not simply acknowl- nent leader in the fight for fair employment black men and women from assimilating into edge black history this month, forgetting it in laws in Minnesota. the American culture that had been denied to the months to come. The appreciation of black I believe Hubert Humphrey's statement them for so long, leaders such as Frederick history and its contributions to our Nation about Cecil best sums up the kind of man he Douglass and W.E.B. DuBois fought to end should be an ongoing process. The contribu- was: ``Cecil Newman is a good citizenÐre- such hypocritical and racist policies. tions of African-Americans to our society are sponsible, active, wise, and influential. I have The struggle for equality throughout the 20th truly exemplary, yet are too often taken for been enriched by his friendship, strengthened century is one of the great sagas of all time. granted. I urge my colleagues to bear these by his support, and helped by his advice.'' So many courageous black Americans risked contributions in mind throughout our delibera- Gleason Glover dedicated his life to everything in order to pave the path for those tions. bettering the lives of African-Americans. His who followed. Jackie Robinson broke the color Our Nation's rich diversity sets it apart from list of accomplishments and awards is long. I barrier in professional major league baseball, every other nation on the face of the Earth. It am proud to say I knew Gleason on a profes- while Marian Anderson became a symbol of is one of our greatest strengths and will be sional level and he was a close personal equality in the world of music. Mrs. Rosa fundamental in our Nation's future success. If friend. Parks unwittingly became a great national we embrace that diversity and learn from its Gleason came to Minnesota to serve as the symbol through her decision not to move to ideals, then nothing will stand in our way. executive director, and later the president and the back of the bus. Black-Americans have significantly contributed chief executive officer of the Minneapolis A little more than 30 years ago, it was an- to every facet of our society and therefore our Urban League, one of the most forceful advo- nounced that for the first time in history, a culture. This, Mr. Speaker, is the lesson we cate organizations for African-Americans, mi- black manÐa man who until that point had must teach our children, in hopes that they too norities, and the poor. The league, which start- achieved modest fame as a stand up come- will one day teach their children these ed in New York City in 1910 to help African- dianÐwould costar in a dramatic television se- thoughts and pass along the importance of di- Americans in their transition from rural to ries. Within the last few weeks, the entire versity in the Nation. urban living, has expanded to provide assist- world saw, as this great entertainer faced a Mr. STOKES. Mr. Speaker, I want to thank ance in areas such as employment, housing, deep personal tragedy, how much love and re- our distinguished colleague from California, education, and social welfare. It has also spect all Americans have for Mr. Bill Cosby. Congresswoman MAXINE WATERS, who chairs February 11, 1997 CONGRESSIONAL RECORD — HOUSE H435 the Congressional Black Caucus, for joining distinct in character. The first, desegregation, the value of well-tailored affirmative action pro- me in sponsoring this Special Order. We gath- was an effort to break down the barriers of an grams as an important tool to end discrimina- er today to mark the congressional observ- old and corrupt social order. The second tion. ance of Black History Month. The occasion af- phase, integration, was concentrated on the On June 19, 1995, in response to questions fords us the opportunity to acknowledge the opening up of opportunitiesÐas in the case of raised about affirmative action, President Clin- contributions of African American men and the provisions of the Civil Rights Act of 1964 ton presented a clear, unequivocal statement women to the building and shaping of this which guaranteed the right to vote, access to and plan to support and improve our Nation's great nation. public accommodations, mandated non-dis- efforts to promote equal opportunity and jus- We gather in the House Chamber 71 years crimination in federal programs, and required tice through the affirmative action laws of the after the late Dr. Carter G. Woodson proposed equal employment opportunity. United States. This support is particularly im- the observance of Negro History Week. In Mr. Speaker, we gather today to reflect portant because of the confusion and misin- 1926, Dr. Woodson understood that African upon our civil rights gain and to measure our formation that is currently being circulated Americans were not receiving proper recogni- progress. What I have outlined is a glimpse of about the status, mission, and future of affirm- tion in history for their contributions. Woodson our Nation's civil rights history. Let us turn for ative action programs. proposed setting aside one week during the a moment to the challenges we face. Two of Mr. Speaker, I take pride in joining my col- month of February to commemorate the the greatest challenges to continued progress leagues for this special order commemorating achievements of African Americans. In 1976, of the civil rights movement are in the areas Black History Month. I hope that our remarks the observance was changed to Black History of redistricting and affirmative action. Since its will help all Americans to remember the impor- Month. Our theme for the 1997 observance of enactment over 30 years ago, the Voting tant contributions that African Americans have Black History Month is ``African Americans and Rights Act has altered the face of American made to this Nation. Civil Rights: A Reappraisal.'' I am proud to join government. In 1965, the south had only 72 my colleagues as we reflect upon this theme. African American elected officials; by 1976, f It causes us to examine how far we have there were 1,944. Today there are nearly come in the struggle for civil rights. 5,000Ð68 times as many as when the Voting GENERAL LEAVE The civil rights movement of our time set its Rights Act was passed. Then, on the last day Ms. WATERS. Mr. Speaker, I ask roots in the field of education, with assistance of its 1993 term, the Supreme Court again unanimous consent that all Members from the United States Supreme Court. In lowered the boom on years of progress with may have 5 legislative days within 1954, in Brown v. Board of Education, the its decision in Shaw versus Reno and Hays which to revise and extend their re- Court announced its ruling that segregation in versus Louisiana, and Johnson versus Miller marks on the subject of my special the Nation's public schools was unconstitu- in 1995. Each of these cases called into ques- order today. tional. A year later on December 1, 1955, in tion the constitutionality of remedial race-con- The SPEAKER pro tempore (Mr. Montgomery, AL, Mrs. Rosa Parks was told by scious districting. Against this backdrop, on LATOURETTE). Is there objection to the the driver on the bus on which she was riding June 13, 1996, the Supreme Court rendered request of the gentlewoman from Cali- to get up and give her seat to a white man. two more opinions that turned back the clock This seamstress, who was tired from a long on voting rights. In Shaw versus Hunt and fornia? day's work refused this order and was ar- Bush versus Vera the Court simply nullified There was no objection. rested. four congressional districts held by African f In protest, black leaders organized a boycott Americans. that lasted for 382 days. It ended with the Despite these setbacks, the struggle contin- REPORT ON RESOLUTION PROVID- courts ordering integration and the abolish- ues. My colleagues and I will continue to fight ING FOR CONSIDERATION OF ment of a legal requirement that black people for equal opportunity and equal access for all H.R. 581, FAMILY PLANNING FA- had to stand up and let white people sit down minorities in the electoral process. CILITATION AND ABORTION whenever both races were riding on public The issue of affirmative action also impacts FUNDING RESTRICTION ACT OF transportation. our civil rights progress. Within the last 2 dec- 1997 The Montgomery bus boycott brought to the ades, affirmative action has been the primary helm of the Civil Rights Movement a 27-year tool that has allowed minorities and women to Mr. GOSS (during the Special Order old black baptist minister whose name is for- break through the many barriers of discrimina- of Mr. MAJOR R. OWENS), from the ever etched in the annals of history. Dr. Martin tion that have contributed to keeping them un- Committee on Rules, submitted a priv- Luther King, Jr., used the teaching of Ma- employed, underpaid, and in positions of lim- ileged report (Rept. No. 105–3) on the hatma Gandhi to preach a doctrine of love and ited opportunity for advancement. resolution (H.Res. 46) providing for nonviolence. During his lifetime, Dr. King's Unfortunately, despite 3 decades of consideration of the bill (H.R. 581) to faith, perseverance and determination served progress in this area, we are now faced with amend Public Law 104–208 to provide as a symbol of the hope for equality for all a new threat. We now face legislative and that the President may make funds ap- Americans. court initiatives that attempt to turn back the propriated for population planning and Mr. Speaker, history records that on Sep- clock by attacking equal opportunity in Amer- other population assistance available tember 9, 1957, President Eisenhower signed ica. on March 1, 1997, subject to restrictions a new Civil Rights Act which markedly en- The Rehnquist Supreme Court struck down on assistance to foreign organizations larged the federal role in race relations. It es- a minority set-aside program requiring Rich- that perform or actively promote abor- tablished a Civil Rights Commission and a mond, VA contractors to hire minority-owned tions, which was referred to the House Civil Rights Division at the U.S. Department of subcontractors for 30 percent of its contracts Calendar and ordered to be printed. Justice. It also gave the Attorney General au- in City of Richmond versus J.A. Croson Co. f thority to seek injunctions against obstruction The Court ruled in the Croson case that set- of voting rights. asides by State and local governments were REPORT ON RESOLUTION PROVID- One of the most climatic point in the cam- allowed only in cases of past discrimination. ING FOR CONSIDERATION OF paign for equality came on August 28, 1963, On June 12, 1995, the United States Supreme HOUSE JOINT RESOLUTION 2, when over 200,000 demonstrators of all races Court decision in Adarand Constructors versus CONGRESSIONAL TERM LIMITS and religious denominations assembled in Pena, established radical new standards for AMENDMENT Washington, DC, in the largest civil rights evaluating affirmative action programs. While march in the history of this Nation. It was at the court does require ``strict scrutiny'' be ap- Mr. GOSS (during the Special Order that march that Dr. King delivered his famous plied to the review of affirmative action laws, of Mr. MAJOR R. OWENS), from the ``I Have A Dream'' speech. the vast majority of affirmative action pro- Committee on Rules, submitted a priv- The civil rights movement of this century grams will easily survive such close examina- ileged report (Rept. No. 105–4) on the has passed through three phases, each one tion. The court's opinion clearly acknowledges resolution (H.Res. 47) providing for H436 CONGRESSIONAL RECORD — HOUSE February 11, 1997 consideration of the joint resolution smooth path toward the future and not How does that relate to race? Is there (H.J.Res. 2) proposing an amendment have it become bogged down in its past. a race base for demanding that you do to the Constitution of the United I think it is most unfortunate that at something for the poorest people, espe- States with respect to the number of the end of the Civil War America did cially those who are descendents of terms of office of Members of the Sen- not establish a Truth and Reconcili- slaves. Is there a reason why we should ate and the House of Representatives, ation Commission, because some of the make greater demands for education? which was referred to the House Cal- problems we are facing now are rooted The President says he is going to endar and ordered to be printed. in an unjust history: 235 years of slav- move Head Start by the year 2000 to f ery. the point where Head Start will encom- What did 235 years of slavery do to a pass 1 million children. Well, should THE ROLE OF CIVIL RIGHTS people, and how are the repercussions not something be done in terms of com- ORGANIZATIONS IN HISTORY of 235 years of slavery now impacting pensation in recognizing the great need The SPEAKER pro tempore. Under a upon those same people; and can we go for special treatment for the descend- previous order of the House, the gen- on and really deal with our problems ents of slaves. Those children ought to tleman from New York [Mr. OWENS] is currently if we do not really force be taken into Head Start right away. recognized for 60 minutes. America to own up to that history? We There are a number of ideas like that Mr. OWENS. Mr. Speaker, I want to need a Truth and Reconciliation Com- which would grow out of an under- congratulate the gentlewoman from mission in order to get on with the dis- standing that the civil rights agenda California [Ms. WATERS] and also the cussion of reparations. should be broadened and the civil gentleman from Ohio [Mr. STOKES] who We have had some legislation intro- rights agenda should take into consid- continues a long tradition of special or- duced by JOHN CONYERS and others eration what the history of slavery did ders during African-American History talking about reparations. That seems to the people who are major victims of Month. I would like to continue in the like such a radical idea that most peo- denial of those rights. same set of rules that they were follow- ple dismiss it right away. We had some I am going to come back to this later ing, whatever they were. If you have a steps toward reparations when we on, but we have several colleagues here list of people, I will follow that list. I voted to try to do something to com- who are waiting to speak, and I would will make a few opening remarks and pensate the victims of internment in be happy to take them first. I am then go back to the list as you have Japanese camps during World War II. pleased to have at this point remarks come because I think that we want We made some steps in that direction. on African-American history month continuity between the two sets of spe- I do not want to go into reparations from our colleague from New York, the cial orders. and alienate everybody. Let us just Honorable CAROLYN MALONEY. Mr. Speaker, I just want to open up have a Truth and Reconciliation Com- Mrs. MALONEY of New York. Mr. by saying I thought that the topic cho- mission which might come to the con- Speaker, I rise today in honor of Black sen by the gentleman from Ohio [Mr. clusion that reparations should also be History Month, and I thank my col- STOKES] relating to civil rights organi- on the agenda. leagues, Congressman OWENS, Con- zations and their role in history is a But in that Truth and Reconciliation gresswoman WATERS, and Congressman good focus in terms of our civil rights Commission we should talk about some STOKES, for organizing this Special organizations ought to be congratu- other things, like 232 years of slavery. Order. lated for what they have done up to What did that mean in terms of accu- There are many black Americans now. mulation of wealth? Wealth is accumu- who are important to our history, and lated, certain books have told us re- b 1630 I am pleased to speak of four African- cently, by passing it from one genera- American women who hail from the They are to be congratulated. We tion to another. Most wealth is accu- great State of New York. These ought to use history to sort of re- mulated that way. People do not really women, ranging from the early 1800’s appraise where we are and where we work hard and accumulate their to the present day, have each left their are going. wealth; they do get a break from the mark on New York and America. Ken Burns today, at a speech at the previous generation. If you have 232 Sojourner Truth was born a slave in National Press Club related to his years of slavery, that means there was Huron, NY. After receiving her free- forthcoming film on Thomas Jefferson, 232 years where no wealth was passed dom, she moved to New York City said that history is a record of every- on from one generation to another. where she dedicated her life to the abo- thing that has happened up to this mo- Is it any wonder then that African- lition of slavery and suffrage for all ment. Everything is history, whether Americans, the middle-class African- women. She was the first person to you are talking about the history of Americans are becoming closer and publicly acknowledge the relationship science, the history of technology. So closer to white Americans, mainstream between slavery with the oppression of Black History Month is a time when a Americans, in income, the money they all women. lot of people are reminded of certain earn through salaries and wages, but After the Civil War she worked tire- kinds of achievements of individual Af- there is a great gap between white lessly for women’s rights, gaining the rican-Americans, achievements related mainstream Americans and African- support and respect of fellow suffrag- to inventions; related to first steps in American middle-class people in terms ettes, Susan B. Anthony and Elizabeth terms of organizations; first steps re- of wealth. There is a great gap. The gap Cady Stanton. At the Equal Rights As- lated to leadership that has been pro- is explained by the fact that there were sociation in 1867 she gave one of the vided in various ways by African-Amer- 235 years where no wealth was accumu- most quoted speeches in feminist his- icans. All that is in order. lated. tory, ‘‘Ain’t I A Woman’’. But there is another dimension of We ought to take a look at that. We Lorraine Hansberry was the first Af- black history which I think we have ought to take a look at what that rican-American female Broadway play- neglected, which I would like to discuss means to the very poorest people of wright. Her play, ‘‘Raisin in the Sun,’’ in greater detail later on, and that is course; we ought to take a look at opened in 1959 to outstanding reviews. our civil rights organizations need what it meant in terms of the impact It focused on discrimination and fam- some underpinning now and would be on a people where their children were ily values. She was the first black and greatly strengthened if we were to real- denied education and laws were made the youngest person to win the Best ly decide where we are in history now, to make it a crime to teach slaves to Play of the Year Award of the New what our past history has meant, and read. All that may be examined in the York drama critics. Though she died in how we should use the lessons of our Truth and Reconciliation Commission. New York City at the age of 34, past history. Civil rights organizations I think Hansberry opened the door for all fu- South Africa has a Truth and Rec- really need underpinning now of, real- ture young black playwrights. onciliation Commission, and the Truth ly, where are we? How hard should we Shirley Chisholm has the distinct and Reconciliation Commission is de- fight against laws which take away aid honor of being the first black woman signed to help get the country on a to families with dependent children. elected to Congress and the first February 11, 1997 CONGRESSIONAL RECORD — HOUSE H437 woman to run for President of the gressional recognition of Black History worthy of celebration and worthy of a United States. She was elected to the Month. The idea of celebrating black place in history. New York State Assembly in 1964 and history began in 1926, where noted edu- Mr. Speaker, not all children will went to Congress in 1968. She was an cator Dr. Carter Woodson set aside a grow up to be Martin Luther King, Jr., early member of the National Organi- special period of time in February, or Shirley Chisholm, but all children zation for Women and the National February because that was the birth should grow up knowing that their Women’s Political Caucus. A former month of Frederick C. Douglass and of greatness is a part of our heritage, that Head Start teacher, she did a great Abraham Lincoln, to recognize the her- its celebration is not confined to only 1 deal to help the children of this Nation. itage, the achievements and the con- month out of the year, and that the Congresswoman Chisholm not only tributions of African-Americans. dreams and aspirations of African- paved the way for more black Rep- African-American history is of Americans are as worthy of fulfillment resentatives, but for all women. course, Mr. Speaker, a much larger and as likely to come true as the Judge Constance Baker Motley at- subject than 1 month could possibly en- dreams and aspirations of all of our fel- tended New York University and Co- compass. We all know the names of fa- low Americans. lumbia. She worked for the NAACP mous African-Americans, artists, per- So as we celebrate Black History Legal Defense Fund, where she won formers, and writers such as Paul Month, Mr. Speaker, let us also keep in seven lawsuits before the U.S. Supreme Robeson, Lena Horne, James Earl mind those whose names are not in the Court. In 1964 she became the first Jones, Cicely Tyson, Imamu Amiri books, those whose private and unpublicized heroism in word and deed black woman elected to the New York Baraka, Paul Laurence Dunbar, Zora also contributed to this story which all State Senate. A year later she became Neale Hurston, Maya Angelou, Jessye Americans should celebrate and all of the first black woman elected as Man- Norman, Duke Ellington, and William which all Americans can be proud. hattan Borough president. In 1966 Grant Still. African-American athletes President Johnson nominated her to like Jackie Robinson, Jackie Joyner- b 1645 the U.S. District Court for the South- Kersee, and Wilma Clodean Rudolph Mr. OWENS. I thank the gentleman ern district of New York, making her broke records and barriers in their from American Samoa. Mr. Speaker, I the first woman named to the Southern striving for excellence. am pleased to yield to the gentleman District bench and the first black African-Americans have expanded all from Connecticut [Mr. MALONEY]. woman named to the Federal bench. In of our horizons as explorers: Guion S. (Mr. MALONEY of Connecticut asked 1993 Judge Motley was inducted into Bluford, Jr. was the first African- and was given permission to revise and the National Women’s Hall of Fame. American to fly in space. Mathew Alex- extend his remarks.) From Sojourner Truth to Judge Con- ander Henson, a member of Adm. Rob- Mr. MALONEY of Connecticut. Mr. stance Baker Motley, these women ert Peary’s fourth expedition, may Speaker, I would very much like to ex- have worked to make our lives better. have been the first person to set foot tend my thanks and appreciation to Civil rights is not just a place in time; on the North Pole. From George Wash- the gentleman from New York and the it is an outlook we should all strive to- ington Carver, recipient of the Roo- other Members of this Chamber who ward in our life. I salute them and all sevelt Medal for Distinguished Service have organized this special order who are here in our collective apprecia- to Science, to George Carruthers, the today. tion of Black History Month, and I physicist and the designer of the Apol- Mr. Speaker, this year’s theme for thank my colleagues for organizing it. lo 16 lunar surface ultraviolet camera/ Black History Month is ‘‘African- Mr. OWENS. Mr. Speaker, I am spectrograph that was placed on the Americans and Civil Rights: A Re- pleased to yield to continue this dis- moon in April 1972, African-Americans appraisal.’’ It is most fitting, therefore, cussion on African-American history to have made significant contributions in to take a moment to honor a very spe- the gentleman from American Samoa the areas of science and technology. cial woman, a longtime resident of my hometown, who is not only acclaimed (Mr. FALEOMAVAEGA). African-American political activists Mr. FALEOMAVAEGA. Mr. Speaker, like Nat Turner and Fannie Lou Hamer for her glorious God-given voice, but I thank the gentleman and my good changed the course of history. Leaders for the historic contributions she made friend from New York. I also would like such as Adam Clayton Powell, Joseph on behalf of all African-Americans. Marian Anderson, of Danbury, CT, to thank the gentleman from Ohio, and Hayne Rainey, the first African-Amer- who was the first African-American Mr. Speaker, I thank the gentlewoman ican Member of Congress, Ralph singer to perform with the Metropoli- from California not only as the chair- Bunche and Shirley Chisholm, and ac- tan Opera, stands out as a leading ex- person of the Congressional Black Cau- tivists like Martin Luther King, Jr., ample of African-American pride and cus, but someone not only as a na- Malcolm X, and A. Philip Randolph and achievement. This month would have tional leader whom I have the highest Sojourner Truth moved their people marked, or does mark, the 100th anni- regard and respect. I certainly appre- forward with them. All of these stories versary of her birth. ciate this opportunity of sharing my are inspiring to all of us. As a young woman developing her sentiments concerning Black History Mr. Speaker, the contributions of Af- singing career, Ms. Anderson faced Month. rican-Americans to all aspects of U.S. many obstacles and was often the vic- Mr. Speaker, I too would like to echo culture have been significant, and all tim of racism. Probably the most wide- the sentiments expressed earlier from of us as Americans have been moved ly known incident occurred in 1939, the gentleman from Illinois, [Mr. JACK- forward by the achievements of these when, after a triumphant appearance SON], as he paid a special tribute to my great individuals. However, the history through Europe and the Soviet Union, good friend and colleague from Geor- of African-American people is much she was prevented from performing in gia, Congressman JOHN LEWIS, cer- more than simply the stories of great Washington’s Constitutional Hall by tainly one of the living giants of the and famous individuals. its owners. To apologize for that mis- civil rights movement. Mr. Speaker, 6 The people whose names we never treatment, First Lady Eleanor Roo- years ago the gentleman from Georgia hear, the women who participated in sevelt invited Ms. Anderson to perform invited me to join him to visit Selma, the Birmingham bus boycott led by the at the Lincoln Memorial on Easter AL, to commemorate the 25th anniver- late Dr. King, the many individuals Sunday, 1939. sary of that famous march from Selma, who, inspired by the actions of Rosa Ms. Anderson proudly sang to an au- and it was one of the most spiritual ex- Parks, refused any longer to sit in the dience of 75,000 people, while millions periences I have ever had in my life. I back of the bus; the people who sat in more listened over national radio. Her would like to urge and encourage my at segregated lunch counters; the peo- inspirational performance that April colleagues to go to Selma, AL. It will ple who stood firm in the face of fire day is considered by historians as the give you a real sense of what the civil hoses and growling dogs; the people first crucial victory of the modern civil rights movement is all about. who registered for college and went to rights movement. Mr. Speaker, I would like to thank their classes; the people who registered Even after her artistry was recog- my colleague for the opportunity this to vote and came to the polling places nized in the United States, Ms. Ander- afternoon to speak at this year’s con- on election day, these are also people son still faced racial prejudice on a H438 CONGRESSIONAL RECORD — HOUSE February 11, 1997 daily basis. Well into her career, she north Houston, Reverend Clemons for for all Americans through economic was turned away at restaurants and ho- his work with the Fifth Ward Develop- empowerment and cultural awareness. tels. Even America’s opera houses re- ment Corporation, Rev. Ed Lockett, Mr. OWENS. I thank the gentleman mained closed to her until Rudolph who runs the Sunnyside Up Corp., and from Texas, Mr. Speaker. I am pleased Bing invited her to sing at the Metro- of course, Rev. Bill Lawson, the dean of to yield to the gentleman from North politan Opera. Houston’s clergy, and for many, the Carolina, [Mr. MEL WATT]. Throughout all of her trials and conscience of the city as well, I want to Mr. WATT of North Carolina. Mr. struggles, Ms. Anderson did not give pay special tribute and highlight as an Speaker, I thank the gentleman from up. Her undaunted spirit fought on and example the contributions of Pastor New York for yielding to me. her determination opened doors for fu- Kirbyjon Caldwell of the Windsor Vil- Mr. Speaker, I start kind of like the ture black artists that had been firmly lage United Methodist Church. author of the cartoon, Curtis, with the bolted shut. Reared in Kashmere Gardens, a low- understanding that you really cannot The soprano Leontyne Pryce, one of income neighborhood in Houston, Pas- do justice to practice Black History the earliest artists to profit from Ms. tor Caldwell, at age 43, is today one of Month in either 3 minutes or a month. Anderson’s efforts, once said, ‘‘Her ex- Houston’s most prominent clergymen. The contributions that black people have made to this country require an ample of professionalism, uncompro- Pastor Caldwell has emerged as a ongoing education and input about the mising standards, overcoming obsta- strong advocate for civil rights in cles, persistence, resiliency, and un- many facets of the contributions. Houston. His intellect and creativity So I want to limit my remarks today daunted spirit inspired me to believe and caring have made him a leader in that I could achieve goals that other- to a very, very narrow window, and the quest for civil rights through eco- that is some things that came out of wise would have been unthought of.’’ nomic empowerment and cultural Soprano Jessye Norman said, ‘‘At age my congressional district in Greens- awareness. boro, NC, starting on February 1, 1960 10 I heard for the first time the singing Pastor Caldwell is best known for of Marian Anderson on a recording. I at the Woolworth lunch counter where founding the Power Center, a multi- the sit-ins started, to give us the right listened, thinking, this can’t be just a million dollar community service facil- voice, so rich and beautiful. It was a to be able to go into a restaurant and ity located in southwest Houston, in sit down and have a meal. I mean, this revelation, and I wept.’’ my district. The 104,000 square foot Later in life, Ms. Anderson was is something that in 1996 is so far re- complex meets a tremendous range of named a delegate to the United Na- moved from anything that we can community needs, including education tions by President Dwight D. Eisen- imagine that so many people have through the Houston Community Col- hower and was the recipient of the started to take it for granted. lege, financial services through Texas Presidential Medal of Freedom from It was at the Woolworth’s lunch Commerce Bank, a Federal women, in- President Carter. She died in 1993, but counter that these sit-ins started on fants and children nutrition program, her successful fight to give every indi- February 1, 1960, and they were started and health care through Herman Hos- vidual an opportunity to achieve their by four students who were attending pital, as well as a private grade school. own greatness helped our country be- the North Carolina A&T State Univer- Through the Power Center, Pastor come a stronger nation. Her contribu- sity in Greensboro, NC. Those four stu- tions will live on forever. Caldwell is making the connection be- dents were freshmen Ezell Blair, Jun- As President Clinton pointed out in tween economic empowerment and po- ior; David L. Richmond; Joseph his State of the Union Address last litical empowerment. McNeil; and Franklin McCain. Frank- week, American race relations have A former investment banker on Wall lin McCain happens to be a personal certainly come a long way, but our Street, Pastor Caldwell used his bank- friend of mine who now resides in Char- country is still plagued by bigotry and ing and financial background to per- lotte, NC. But all of these four individ- intolerance. Each of us must learn suade the property owners to donate a uals started a movement that picked from the example set by Marian Ander- $4.4 million building, a former KMart, up steam, gained momentum, that led son to eliminate hate and violence and to realize his dream. The Power Center ultimately on July 25, 1960 to black create a stronger, more tolerant Amer- will generate some $26.7 million in cash people being able to go into the Wool- ica. flow for the Windsor Village/South worth’s store in Greensboro and sit Mr. OWENS. Mr. Speaker, I want to Post Oak community over the next 3 down at the lunch counter and have a thank the gentleman from Connecti- years. While constructing the Power hot dog, buy a drink, things that we cut, and again congratulate him on his Center, Mr. Caldwell started several now take for granted. hard-won race in order to get to this nonprofit ventures, including a shelter Throughout the South, this kind of House of Representatives. for abused children and low-income movement was going on all across the Continuing the discussion on Black housing developments. These nonprofit South to provide that opportunity. To History Month, African-Americans, ventures created jobs for more than 125 these four gentlemen, we will forever and civil rights, I am pleased to yield people. In addition, the Power Center be in debt. to the gentleman from Texas, Mr. KEN has provided hundreds of jobs, ranking North Carolina A&T is one of six his- BENTSEN. it among the largest black-owned em- torically black colleges and univer- (Mr. BENTSEN asked and was given ployers in Houston. sities in my congressional district in permission to revise and extend his re- In the pulpit, Pastor Caldwell deliv- North Carolina. I could spend hours marks.) ers potent sermons filled with the ver- talking about the contributions of Mr. BENTSEN. Mr. Speaker, I thank nacular of modern life. His preaching graduates of any one of these institu- the gentleman for yielding. style, along with a vast variety of com- tions, but just to focus on North Caro- Mr. Speaker, I rise to join our Nation munity outreach programs, attracts lina A&T, since that is where I started, in celebrating Black History Month. people from all walks of life. that is where our current colleagues, Today I want to recognize and pay trib- As we reappraise African-Americans the gentleman from Illinois, Mr. JESSE ute to community leaders in Houston and civil rights in 1997, it is also impor- JACKSON Jr., and the gentleman from whose vast accomplishments and con- tant to recognize the triumphs that New York, Mr. ED TOWNS, your col- tributions have helped to revitalize a have been made in the past by leaders league, graduated. They are illustrious very large segment of our city. such as Dr. Martin Luther King, the graduates of North Carolina A&T. In 1996, Pastors James Dixon, Harvey Honorable Barbara Jordan, and Su- Former astronaut Ronald McNair, to Clemons, Bill Lawson, Ed Lockett, and preme Court Justice Thurgood Mar- whom we all owe so much in the field Kirbyjon Caldwell were awarded the shall. of space exploration, is a graduate of Mickey Leland Humanitarian Award Nonetheless, we should not forget that institution. State Justice Henry by the Houston chapter of the NAACP those present-day leaders such as Rev. Frye, on our State supreme court in for their outstanding contributions to Kirbyjon Caldwell, who may not be North Carolina, is a graduate of North the community. mentioned in the pages of American Carolina A&T university. I could go on While all are deserving of recogni- history now, but are working just as and on and on talking about these peo- tion, Reverend Dixon for his work in hard to open the doors of opportunity ple, but I will end, and reemphasize February 11, 1997 CONGRESSIONAL RECORD — HOUSE H439 what the Curtis cartoons have been this commemoration, had both suc- Another prominent figure who spent saying throughout this year: We can- cesses and setbacks. But we stand here time in New Jersey was the famous fu- not do justice to black history by hav- today stronger and more determined gitive slave, abolitionist, nurse, and so- ing a month for it. We all have to give than ever to continue moving ahead re- cial reformer Harriet Tubman, who it the kind of ongoing respect that the gardless of the obstacles we face. spent some of her retiring days in New kinds of contributions that our people This past year the Congressional Jersey. She made about 19 trips to var- have made over the years to the his- Black Caucus took action on a number ious States to lead slaves to freedom, tory, the culture, the music, the vital- of issues, particularly the devastating and her work with the Underground ity, and the economy of this United fires which ravaged African-American Railroad brought her to New Jersey be- States, deserve. churches throughout this Nation, tween 1849 and 1852. The more we can come to grips with mostly in the southern part of our We remember Booker T. Washington that, the more we can put this, parts of country, but all over. In response to and W.E.B. DuBois as early people who history like the sit-ins, behind us, and the caucus, we galvanized forces to had different ways of going about we can all become one Nation, indivis- focus national attention on the mag- bringing black people to their final fru- ible, under God, with liberty and jus- nitude of this tragedy. Our actions led ition, but we feel that they both earned tice for all. I thank the gentleman for to the passage of new legislation to a place in history. yielding time to me. strengthen Federal law enforcement so As I conclude, I just want to mention Mr. OWENS. I thank the gentleman. that these cases could be solved. one last person who will be celebrating I hope we will never put the spirit of We convened public hearings and her 84th birthday very soon, just cele- the sit-ins behind us. I do hope the gen- pointed out that during the early days brated it, Mrs. Rosa Parks, who refused tleman will take out additional time. of the civil rights movement, as we to give up her seat on a bus in Mont- He could spend a whole hour on the heard MEL WATT talk about, the gomery. She changed the course of his- spirit of A&T and the first big sit-in. churches were places where we met and tory. I think we may need to instruct this the churches were places where we Soon we will enter a new era of his- generation and this group of people gathered not only for worship but for tory with the dawn of the 21st century. right here, in the year 1997, that there strategy. We cannot forget the 16th President Clinton in his State of the is a time when we must go down, we Street Baptist Church in Birmingham, Union Address talked about our Nation must confront the authorities. We may AL, in the mid-1960’s, four little girls, finding strength in diversity. As we have to confront the authorities on the Addie Mae Collins, Denise McNair, Car- celebrate the contributions of African- attempt to remove Medicaid as an enti- ole Robertson, and Cynthia Wesley, Americans to this Nation, we must also tlement. I think there are some points lost their lives. renew our commitment to the next Another young lady, Sarah Collins, in the history right now that we are generation, our children. African- was partially blinded, and so that going to have to come to grips with American children must get an edu- brought back those dark days when that are just as important as our civil cation, must have skills to compete in there was an attack. This year, the rights, such as the importance of the the rapidly advancing world of tech- past year we also were disappointed by right to life that emanates from having nology. They look to us just as we look several court hearings undermining the health care for everybody. There may to those before us for hope and inspira- Voting Rights Act guaranteeing mi- be a number of other issues where we tion. And therefore, it has been a long norities fair participation in the politi- may have to follow history, and under- journey but we will continue to move stand there is a time when we confront cal process. While we remain deeply concerned about the dismantling of ahead with faith and determination. the authorities and tell them we will Mr. OWENS. Mr. Speaker, I thank majority-minority voting districts, we not accept this. the gentleman from New Jersey for his Mr. WATT of North Carolina. I will are pleased at the determination of our most appropriate remarks. I think it is just reaffirm what the gentleman has colleagues who, in spite of the blatant very important that you mentioned the said, Mr. Speaker, if he will continue attempt to turn us back, were still re- burning of the churches. turned to office. to yield. It took a tremendous amount I would like to point out that the re- of guts and determination for these Over this past year there were also assaults on affirmative action, which action to the burning of the churches, four students to stand up and confront the people who started the burning of a system. The need for us to continue helps minorities and women move ahead to make this country a greater the churches know that the church is to confront issues head on, without the center of the black life all across fear of intimidation or being called place. However, despite much misin- formation from opponents, we have the country. They wanted to get at the down by our colleagues, even here in core of our organization and inspira- the House, certainly should be appar- worked hard to educate the public to understand that affirmative action is tion, and it was a devastating blow to ent to us. go after our churches. But our Govern- Mr. OWENS. Mr. Speaker, I thank about fair opportunity and not about ment is to be congratulated, our Presi- the gentleman. I lived in the South for quotas or unfair advantages. dent is to be congratulated, the general 20 years. I was born in Memphis, TN. I The theme chosen this year for Black public, foundations, and various people know all about the kind of courage it History Month is African-Americans are to be congratulated for the manner took to stand up at that lunch counter. and civil rights, a reappraisal. It is cer- Mr. Speaker, I yield to the gentleman tainly fitting during this month that in which we have reacted. If only we had had a similar reaction from New Jersey, Mr. DONALD PAYNE, we reassess where we have been, where to the Ku Klux Klan and the kind of vi- the distinguished former chairman of we are, and where we want to be. We olence perpetrated after the freeing of the Congressional Black Caucus. remember with deep respect those in the early history who never gave up in the slaves, history might tell a dif- b 1700 their quest for justice and equal rights ferent story. If only our Government Mr. PAYNE. Mr. Speaker, I rise for African-Americans. We were in- had not capitulated, if only it stood be- today to join my colleagues in com- spired by the courage of the great abo- hind General Howard and General Arm- memorating Black History Month. Let litionist and orator, Sojourner Truth. strong and Thaddeus Stevens from me take special attention to the gen- Born in 1797, she traveled across this Pennsylvania and Charles Sumner from tleman from Ohio [Mr. STOKES], who country in a tireless crusade against Massachusetts and resisted the kind of has led us in this over the years and of slavery. violent response of the white former course our distinguished chairwoman In that same era, my home city of Confederate officers and soldiers in re- of the Congressional Black Caucus, the Newark, NJ, was the home to an aboli- organizing a violent overthrow of le- gentlewoman from California [Ms. WA- tionist, journalist, and a minister by gitimately elected black governments TERS], for organizing this, too, and the name of Samuel Cornish. He be- in the South and a number of other in- thank the gentleman from New York came the pastor of the First Pres- stitutions that were upset by violent for yielding time to me. byterian Church on Plane Street work- and illegal means. If only our Govern- Much has happened over the course ing for the advancement of the black ment had stood firmly then, we should of the year since we last gathered for community. congratulate our President for the fact H440 CONGRESSIONAL RECORD — HOUSE February 11, 1997 that he stood firmly, offered leadership Absalom Boston’s grandfather was a On Martha’s Vineyard, a Black Heritage from the bully pulpit of the White slave named Prince Boston who took a trail has been developed in direct reaction to House and stood firm on the ravages of whaling voyage in 1770. At the end of Nantucket’s initiative. And, Helen Seager, affirmative action at a time when the voyage, Prince Boston’s white mas- Convener of the African Meeting House, has ter demanded that he turn over his further inspired the people of Portland, hysteria was being generated. Maine to generate more ideas on how they It makes a difference and it is a pity earnings. With the help of a white ship- could save the Abyssinian Baptist Church, that we do not have that kind of lead- mate, Prince Boston went to court and considered one of the oldest black churches ership from all sectors of the American won his earnings and his freedom, be- in the country behind one on Beacon Hill in leadership community during the sec- coming the first slave set free by an Boston, and Nantucket’s. ond Reconstruction. We would not have jury verdict in this Nation. That year ‘‘They have said over and over again,’’ said lost so much so fast. I thank the gen- Nantucket freed its slaves, 13 years be- Seager, ‘‘that the Nantucket experience was tleman from New Jersey. fore the rest of Massachusetts followed setting an example for them and inspiring Mr. PAYNE. Let me just say that it suit. them to go on.’’ But, there would be no ‘Nantucket experi- was, I believe, the Congressional Black In 1845, the daughter of one of the founders of the meeting house went to ence’ today had it not been for the tribu- Caucus coming together, calling a lations and accomplishments of men and hearing, bringing witnesses together, court to demand admission to the pub- women from another time. lic high school. In the next year Nan- all-day hearing focusing the attention A SENSE OF PLACE and then really pushing the adminis- tucket became one of the first districts in the country to desegregate its Although Nantucket was 13 years ahead of tration to really become as involved, the Commonwealth in freeing its slaves in visiting black churches. schools. With its strong Quaker tradi- 1770, and more than 100 years ahead of the Mr. OWENS. Not for one moment tion, the island became a stronghold of nation in desegregating its schools in 1845, would I want to minimize the role of abolitionist sentiment. It was there scars from the fight for freedom and equality the caucus in stimulating, the caucus that Frederick Douglass delivered his here are explicit. Just before 1770, Prince stimulated the activity from the gen- first public address before a mixed race Boston, a slave belonging to William Swain, eral community and from the White audience. took a whaling voyage with William Rotch, Once the public schools had been in- a highly successful entrepreneur. When Bos- House. We played a major role. The tegrated, the meeting house ceased to ton returned from his working journey with leadership of the first Reconstruction, operate as a school but continued to Rotch in 1770, Swain insisted that the black we must pay homage to them. They function as a vital institution in this man turn over all his earnings—since, of tried very hard. They were up against community island. In 1910, the meeting course, he owned the slave. But Rotch was well-respected on the island bullets and fire, and they did not suc- house was sold to the owner of a truck- ceed in playing the kind of role that by this time, and decided to defend Boston in ing business and eventually it fell into court. They won the case and Boston was the stimulated the rest of the country to disrepair. Now, thanks to the efforts of do the kind of things they ought to do. first slave set free by a jury’s verdict. It is the Friends of the African Meeting believed that blacks on Nantucket shed the But we played a major role. I certainly House and the Museum of Afro-Amer- chains of slavery for good following this do not want to minimize that, of the ican History, this extraordinary land- court decision. Congressional Black Caucus. mark is due to be opened to the public Fifty years later a laborer and mariner I yield, to continue the discussion on in 1998. I can think of no more fitting named Absalom Boston, Prince Boston’s Black History Month, African-Ameri- commemoration of Black History grandson, was establishing his place in his- cans and civil rights, to the gentleman Month, and I commend all of those who tory too. from Massachusetts [Mr. DELAHUNT]. I Boston captained an all-black crew aboard have brought this project to fruition. the whaling vessel Industry; he ran an inn want to congratulate Mr. DELAHUNT. Mr. Speaker, much of this fascinat- and opened a store in an area on the island He is new here. I welcome him to the ing history is recounted in a superb ar- known as New Guinea, where he worked hard floor and congratulate him on his vic- ticle by Don Costanzo that appeared in for the betterment of Nantucket’s black tory. the Nantucket Beacon on January 29, community. Mr. DELAHUNT. Mr. Speaker, I am 1997. I include the entire article for in- By 1821 the nearly 300 blacks who lived on proud to join with my colleagues in sertion in the RECORD. Nantucket had formed a common bond in this special order celebrating Black [From the Nantucket Beacon, Jan. 29, 1997] New Guinea (the name indicated the African roots of its residents, and was used to specify History Month. It is truly a magnifi- RESURRECTING THE HEART AND SOUL OF NEW particular section of many cities and towns). cent history as has been recounted by GUINEA New Guinea—thought originally to be bor- previous speakers and a history that is (By Don Costanzo) dered by Williams Land, Prospect, Silver, truly a history of heroism. Pending a thumbs-up from their local and Orange streets—consisted of a cluster of I thought I would take this oppor- school board, about 460 children in Florida houses and gardens, as well as its own stores, tunity to say a few words about a re- will be saving their pennies to help restore an inn, and eventually a school, cemetery, markable chapter in that history, the African Meeting House on Nantucket. and two churches. which is being retrieved and returned Last fall Len Kizner, an elementary school One church, the African Methodist Epis- teacher at the Bay Vista Elementary School to us by a dedicated band of preserva- copal Church was established in 1835 in a in St. Petersburg, Fla., saw a segment on building (which no longer exists) on West tionists in Massachusetts. That chap- ‘‘This Old House’’ about the meeting house. ter concerns the African Meeting York Lane. Little is known about the activi- Last week, he read an article in the New ties of this church and the participation of House of Nantucket, once a church, a York Times about it. blacks there. meeting hall and a school for children Today, Kizner has become so inspired by But just a few yards down the street stood the project he is about to ask a Florida coun- prevented from attending public school another building, which today is a historic ty school board for permission to raise because of their race. testament to the struggle and triumphs of money within the school to give to the Nan- Nantucket’s black inhabitants. The one room meeting house was tucket landmark. built in the 1820’s and is one of the old- ‘‘What better way to celebrate black his- One event that defined black/white dissen- est standing structures of its kind in tory month (February) than to tie it into the sion on the island was the Anti-Slavery Con- the United States. It embodies a rich first schoolhouse for free black people on vention at the Nantucket Atheneum in 1842. In a speech, Stephen Foster called Town history. When the meeting house was your island,’’ said Kizner. ‘‘It’s a great project. We’re teaching children, celebrating Meeting voters who had supported segrega- built, Nantucket was the center of the tion in schools ‘‘pimps to satan.’’ whaling industry in which blacks black culture, and preserving a piece of it too. Foster hurled fierce words at members of played an integral part. Among the ‘‘It supports black history heritage, and by many of the island’s churches, charging they whaling ships that set sail from the is- doing that supports American heritage.’’ were guilty of adultery, theft, kidnapping, land was the Industry with the black Kizner expects to build a scale model of the and the murder of slaves. He called the cler- captain named Absalom Boston and an meeting house, and incorporate the project gy and church membership a ‘‘brotherhood of all-black crew. Absalom Boston later into geography and social studies classes to thieves.’’ The pro-slavery faction, incensed at Fos- became one of the four trustees of the help the children better understand where their money is going. ter’s accusations, shot back with rotten eggs African Baptist Church which was to But what is happening at Bay Vista is only and stones—a riot ensued. While police did become known as the African Meeting part of the impact this restoration project is almost nothing to calm the fighting, many House. having nationally. blacks sought refuge and prayer in a place February 11, 1997 CONGRESSIONAL RECORD — HOUSE H441 born as the African Baptist Church, but In 1981 Byron Rushing, then president of Also, a round wooden canopy is on the ceil- known then as the African School. the Museum of Afro American History ing where a chandelier had once hung. The It was at that time that the building we (MAAH) and now a State Representative, original chandelier, donated to the church by know of today as the African Meeting House wrote a historical summary of the building. a group of whites in 1837, has yet to be found. further distinguished its place in black his- By 1986 a historical and architectural A raised platform will also be built at the tory on Nantucket. study was performed. Three years later north end of the building, and a stove, origi- TRUCKS INSTEAD OF PEWS MAAH purchased the building to preserve nally used for heating, will be installed for Absalom Boston was one of four trustees of and restore it, and to help provide education ‘‘ambiance of space,’’ said McKinney. the African Baptist Church built in the heart about the history of blacks on Nantucket. Much of the original ceiling has rotted and of New Guinea on the corner of York and The building’s earlier neglect may also will need to be replaced. Pleasant Streets. That said a lot for the have been its saving grace. A full 70 percent ‘‘Our primary goal has been and will con- church, for Boston was, perhaps, the most re- of the building was original material when tinue to be that this building is restored,’’ spected and wealthiest black man who ever the museum purchased it in 1989. said McKinney. ‘‘You have to remember that neglect is a lived on Nantucket. A HISTORY WITHIN Though construction on the building likely wonderful preservation strategy,’’ mused Upon complete restoration of the building began in 1824, the land upon which it eventu- Seager. the African Meeting House will be more than Since last fall, the meeting house has slow- ally stood was not purchased until two years an educational center for black history on ly begun to rise again as an icon to the his- later, Jeffrey Summons, a black man who the island. tory of blacks on Nantucket. Artifacts have worked as a carpenter on the island, pur- McKinney explained that the nation’s old- been found, and the architect and builders chased the land in 1826 for $10.50. est meeting house on Beacon Hill is used for are finding out what of the structure that The building was used as a school, church, such things as press conferences and wed- now stands can and cannot be used in the meeting house, for anti-slavery lectures, and dings, and envisions the same on Nantucket. restoration. Also planned is an audio system playing even used as a makeshift medical clinic ‘‘We’re able to save and use quite a bit of where vaccinations for small pox were given gospel and spiritual music, reenacted ser- what remained,’’ said John James, architect mons on abolition, and more contemporary in 1834. for the project, who added that the building When the Nantucket Public Schools inte- themes like Martin Luther King’s speech. is being restored according to how it looked grated in 1846, the building was no longer In the 1940s and 50s the building was used, in 1880. said Seager, for ‘‘an occasional record hop’’ needed as the island’s only educational cen- The wall facing York Street and the east ter for black children. Yet, it was still used with jazz and blues music. wall are both going to have to be entirely McKinney said the restored landmark for everything else up until about 1910— new, said James. The south wall was cut out about the same time Nantucket was reeling should be ‘‘perceived as a living history and a rolling door installed in 1922 to accom- where anyone who visits can get a sense of from economic disaster. modate truck storage. The east wall, bearing Suffering financially, Edgar Wilkes, who what it was like. the brunt of harsh weather, collapsed and had taken over the church in 1888 from the ‘‘We don’t want people to just point and was rebuilt with simple two-by-four con- Rev. James Crawford, was forced to sell the say ‘that’s where it used to be.’ We want peo- struction in the mid 1970s. building to a trucking business owner named ple to feel that they’re a part of it.’’ Those two walls, said James, are being re- And Kelly Hanley Goode, a member of the Henry Chase for just $250. Chase needed a built in keeping with framing techniques of steering committee, added that the original place to put his trucks, so he remodeled the the original building, post and beam—not church was not just the center of black life former black schoolhouse to accommodate two-by-four. The west and north sides of the in New Guinea, but on Nantucket and the his rigs. building were in much better condition and Then in 1933 Florence Higginbotham, who country as well. can be preserved. And though the windows ‘‘We want to be the impetus and motiva- was already living in the house next door on could not be saved, they are, said project tion for more research, to draw black history York Street, bought the building and two ad- foreman Mike DeNofrio, being virtually du- within Nantucket’s history where it becomes jacent outhouses from Chase for $3,000. ‘‘Rumor was that she bought it because she plicated. White cedar shingle will, of course, a part of it—not a separate part,’’ said didn’t want anybody else between her and be the exterior’s finishing touch. Goode. The Friends and Committee of the African Seager believes deeply in the project, not the corner,’’ said her son, Wilhelm, in a Meeting House are hoping to raise $600,000 to just for Nantucket, but also for other com- phone interview last week from his home in complete restoration of the building (exte- munities inspired by what is being accom- Oakland, Calif. Over the next several years the once proud rior is expected to be finished by April, but plished here. She said the African Meeting symbol of black life on Nantucket continued funds are still being sought for interior res- House restoration project has now caught to fall into grim decay, used for nothing toration) so that future plans for the meet- the attention of a church in Savannah, Ga. more than a storage space for bicycles and ing house can be realized. The priest there is a Nantucket native. Earlier this month, a group of people in- ‘‘The story of the people is preserved,’’ said construction equipment. Wilhelm, an Afro-Indian, inherited the volved in the project, community members, Seager, ‘‘when the building is preserved.’’ property when his mother died in 1972. But and others met to define what the interior of Mr. OWENS. Mr. Speaker, I thank Wilhelm didn’t really have much interest in the building should look like and discuss fu- the gentleman from the great State of the property, or Nantucket for that matter. ture goals. Massachusetts. We should take note of ‘‘They wanted the integrity and respect for The winters were too harsh and the work was the place to remain intact,’’ said Sylvia the fact that Massachusetts was one of too erratic (he did work at Glidden’s Island Watts McKinney, executive director of the the first to heed the call of President Seafood market for a time), and 24 years Museum of Afro American History in Boston. Lincoln and with great fervor their sol- after he arrived, Wilhelm left Nantucket in McKinney said replicas of the pews will be diers went into the lines and the civil 1948. He worked as a postal clerk and man- placed in the building, matching them with rights battles. Also Massachusetts pro- aged the island property from his home in markings on the original floor and walls. Oakland. duced Charles Sumner, one of the great Boards on the walls and floors had outlines defenders of slave rights and later on While Mrs. Higginbotham used the building of the pews, so James knew the length and as a source of income, actively marketing it width of the aisles based on those markings. one of the architects of the legislation as rental property, Wilhelm owned it ‘‘free ‘‘They are absolutely clear,’’ said James. that led to 13th, 14th, and 15th amend- and clear’’ and didn’t care much about rent- In explaining how the markings were made, ments. I thank the gentleman. ing it out at all, said Seager. the architect said to imagine painting a wall Mr. Speaker, I yield to the gentleman So it sat there, virtually empty up until a light color, then putting an object, like a from Virginia [Mr. MORAN], a neighbor about 20 years ago when then Nantucket pew, up against the wall and painting around from Alexandria. Bike Shop owner Morgan Levine, who was it a darker color. When the object is re- using the building as a bicycle repair shop, Mr. MORAN of Virginia. Mr. Speak- moved, the outline of where it was would be er, I thank my friend, the gentleman became fascinated with the old relic. quite clear. It was Levine who raised the money for a When the building was used as truck stor- from New York. historical study of the building, and after age earlier this century, a reinforcing floor I gather there are other speakers so I nearly five decades of degeneration, the was built on top of the original floor. Yet, oil will not take time. I have a statement wheels of transformation had begun for the and gas dripped down through the newer that I am going to submit for the old Baptist Church because of a man who floor and saturated much of the original RECORD that pays tribute to the people just wanted a place to fix bicycles. floor. The stench could force use of new within my district that have put so REVIVAL floorboards in place of many of the original much effort into preserving the mem- It’s been called the African School, York ones. ory, the artifacts, the books, record- Street School, African Church, York Street ‘‘We just don’t know how much of the Colored Baptist Church, Colored Baptist original flooring we could use,’’ said James, ings of black history in northern Vir- Church, and Pleasant Street Baptist Church. who added that pews would still be placed in ginia, the Society for the Preservation Today, we know it as the African Meeting their original positions even if the original of Black Heritage, the Parker-Gray So- House on Nantucket. floor cannot be preserved. ciety, we have a number of groups that H442 CONGRESSIONAL RECORD — HOUSE February 11, 1997 have been very successful. I want to Virginia about the history of our community. In Black History Month is a time for celebrating honor them within the RECORD. addition to giving lectures and tours of the the strength and diversity that African-Ameri- I would also mention some of the his- center, the Resource Center houses an im- cans provide to these United States of Amer- tory that cannot help but be recalled pressive collection of memorabilia which docu- ica. And I thank you for giving me this time to at this time. In fact, it is relevant to ments the history of the African-American ex- add to the celebration. I only wish I had more some of the issues that we deal with perience in Virginia. Upon visiting the Re- time to give thanks to all of the groups and today. source Center, guests learn of the great ef- highlight all of the sites in the Eighth District For example, in 1846, there was a se- forts made by the Alumni Association of the of Virginia which add to the community. I cession of Alexandria from the District Parker-Gray School and the Alexandria Soci- would like to encourage everyone to come of Columbia and our newspaper reports ety for the Preservation of Black Heritage, Inc. across the river to experience this rich envi- how African Americans, who had been to remind everyone of the contributions that ronment. brought here involuntarily for the pur- African-Americans have made across the Mr. OWENS. Mr. Speaker, I would pose of slavery but then had been freed country. Their efforts also remind us that only ask if there is anyone in the House because they were part of the District by working together do we achieve an under- that has not spoken yet that would of Columbia, having lived in Alexan- standing of who we are as individuals. like to speak? dria lined the way to all the polling The Parker-Gray School and the Alexandria If not, I would like to yield to the stations, begging those whites, because Society for the Preservation of Black Heritage, gentlewoman from California to make white people were the only ones al- Inc. both have an impressive history of their a closing statement, and the gentleman lowed to vote at the time, not to—what own to tell. The society began as the re- from Ohio if he would like to make a it was was a secession from the Dis- sponse of African-Americans in the Parker- closing statement, also, after the gen- trict of Columbia to make that popu- Gray section of Alexandria to protect the Al- tlewoman. lated part of northern Virginia part of fred Street Baptist Church from demolition. Mr. STOKES. Yes, after the chair- the Commonwealth of Virginia and This church served as a catalyst for the black thus they would no longer be freed peo- woman. community in Alexandria. During an unstable Mr. OWENS. Mr. Speaker, I yield to ple. time for African-Americans in this area, the They were unsuccessful in that effort the gentlewoman from California, the church was not only a place of worship, but it and Alexandria immediately slipped leader of our Black Caucus. was also a place for blacks to meet, plan, and back to some of its darkest days and Ms. WATERS. Mr. Speaker, I want to build the community into what it is today. The became a center for slavery. I want to thank the gentleman for the additional Alexandria Society for the Preservation of thank the Washington Urban League time he took out here to ensure that Black Heritage, Inc. succeeded in its efforts. It for purchasing the buildings now that all those who would like to make a continues to use the same perseverance to at one point were slave quarters, to re- statement about the contributions of maintain and expand upon the black commu- mind young people growing up in our the history, the development, the in- community of the relatively recent nity. volvement of African-Americans in our The Parker-Gray School, which is named for history that gives us cause to renew society, in our country, in our Nation, two African-American principals of earlier our efforts to be vigilant and not to would have that opportunity to do so. schools that added greatly to the community, take our freedoms and progress for I would additionally like to thank became the first 4-year high school for blacks granted. Congressman STOKES, because we do in this area. The descendants of those who this today because he engineered this b 1715 fought long and hard for the opening of this tradition for us in this House. Today he high school continue to work to build our com- Because we are only talking about was able to sit here and advise us, and 150 years. Almost exactly 150 years ago munity. Another important project in the Eighth Con- to instruct us and to help us learn pro- when this occurred. It took a Civil War tocol and to do all those things that we to restore dignity and freedom to those gressional District is the Slave Memorial at Mount Vernon. The memorial, whose design must learn to do to make these kinds citizens. of presentations. We, today, are in a similar struggle, was contributed to by students of the Howard I am grateful to him for his assist- although it may not be as clear, to es- University School of Architecture and Plan- ance, for his leadership, but I am eter- tablish dignity and opportunity for all ning, consists of a gray granite column at the nally grateful to him for the role that of our citizens, particularly within the center of three concentric brick circles. The he played in the founding and the de- District of Columbia, our capital city. center column bears the inscription ``In mem- velopment of the Congressional Black And so I would hope that as we focus ory of the Afro-Americans who served as Caucus. It is because of his work that on Black History Month, that we would slaves at Mount Vernon.'' The three brick cir- we understand our power. It is because have more than the African-American cles around the column are inscribed ``Faith,'' of his work that we understand what it Representatives within the Congress ``Hope'' and ``Love''Ðto symbolize the virtues means to be unified. It is because of his contribute to this. that sustained those living in bondage. This We are all representing districts of memorial serves as a reminder of all of the leadership and the others that had the our country that have been profoundly thousands of visitors who come to Mount Ver- vision about where we could go and affected by the most scandalous era non every year that this country was built by what we can be that we stand here within America’s history, and it is up the labor of all of our ancestors. today and share with the world who we to all of us not just to contribute words This is the only known monument of its are, what our aspirations are and what but to contribute a sincere commit- kind. It is a permanent tribute to enslaved Afri- our vision is for the future. ment to build upon the progress that can-Americans, whose skills, talents and spir- Mr. OWENS. Mr. Speaker, I thank our African-American brothers and sis- itual strengths were an integral part of Ameri- the gentlewoman from California for ters have achieved. We are where we ca's past. Every year, for the past 13 years, her leadership in also organizing this are, in large part, because of the pain, Black Women United for Action, an organiza- special order, and I yield to the gen- the suffering, the perseverance and the tion which serves as a strong voice of the tleman from Ohio, if he would like to immense contribution they have made black community, and the Mount Vernon La- speak. to our culture and our history. dies' Association, the non-profit organization Mr. STOKES. Mr. Speaker, I would Mr. Speaker, the prepared statement that owns Mount Vernon, organize a wreath- just like to thank the gentleman in the I referred to earlier follows herewith: laying ceremony at the Slave Memorial to well for having taken this last hour Mr. Speaker, today, as we come together to honor these men and women. and providing us the opportunity to ex- celebrate the contributions that African-Ameri- All of the organizations and people men- tend this special order for a 2-hour pe- cans have made to this great Nation, I would tioned above have done much to honor the riod. I particularly want to recognize like to pay special tribute to the many African- rich contributions of African Americans, not the contribution the gentleman is Americans in my district that have helped only in northern Virginia but across the Nation. making as a member of the Congres- northern Virginia grow into the diverse and Their hard work is important to all of our com- sional Black Caucus and one of the new distinguished place it is today. munities to grow as one, remembering the leaders. So we are particularly proud Since 1983, the Alexandria Black History struggles of our past and building the blocks to have had your participation this Resource Center has been educating northern to our future. afternoon. February 11, 1997 CONGRESSIONAL RECORD — HOUSE H443 GENERAL LEAVE mainstream middle class is not great tant than justice. We are not seeking Mr. OWENS. Mr. Speaker, I ask when it comes to income, the salaries justice. Justice means we have to go unanimous consent that all Members being earned, the kinds of jobs being fight wars and make people pay us rep- may have 5 legislative days within occupied; but when we compare the arations, and really justice would be which to revise and extend their re- wealth, wealth means property, wealth out of the question. marks on Black History Month. means stocks and bonds, wealth means Just as the people in Haiti have given The SPEAKER pro tempore. Is there cars and things that have value beyond up on justice, and they are not trying objection to the request of the gen- a few years. When we look at wealth, it to punish anybody, they want rec- tleman from New York? is not there. onciliation. They want reconciliation There was no objection. One of the reasons wealth is not with the people who perpetrated the Mr. OWENS. Mr. Speaker, I also want there is because 232 years went by murders. In Bosnia and the Balkans to thank the members of the majority without us earning wages, being able to they will not get anywhere unless they for yielding us this time in a way save. Nothing could be passed on to the give up any quest for justice. Seek rec- which allowed us to present this spe- young people. We need to study that. onciliation but do not seek reconcili- cial order in a 2-hour format back-to- We need to look at the implications of ation in a phony way. Do not think you back. it. can have reconciliation unless you deal I want to close with just a few re- The South African Truth and Rec- with the truth first. marks thanking my colleagues and onciliation Commission is dealing with Let us take a document like the 14th thanking Mr. STOKES again for the tra- more immediate kinds of things that Amendment and deal with it truth- dition that has been established here happened, all of the killings and maim- fully. The 14th amendment, like the by the Congressional Black Caucus. ing and murders that took place in 13th amendment and the 15th amend- This is just the beginning. I hope that South Africa, perpetrated by one ment, were perpetrated, were created we stimulate a more thorough discus- group, the minority whites on the ma- by the Members of Congress in re- sion all year round within the African- jority blacks. In order to deal with sponse to the aftermath of slavery. We American community in general, but that and not have that poison their had set the slaves free. Actually the all of our organizations and all of our present, not have the past poison their 13th amendment set the slaves free, leaders ought to take another close present, to be able to go forward for and what should we do now? The 14th look at history. the future, they have this Truth and What we need is more profundity. We amendment came along to give the Reconciliation Commission. slaves equal rights. need to dig deeper into our history and I do not have time to talk about it, follow the example of the South Afri- But the 14th amendment has some but, Mr. Speaker, I want to enter into other things in it, and I want to call cans. The South African Truth and the RECORD an introduction which ex- Reconciliation Commission is a model my colleagues’ attention to the other plains what the Truth and Reconcili- things in the 14th amendment because that is still pertinent for America. I ation Commission of South Africa is all think we ought to understand that it is more than just equal rights. The about. I say in introducing this, this 14th amendment is now being distorted some of the tensions within our society background paper on the Truth and are there because people do not under- to take away any programs which offer Reconciliation Commission of South special treatment for the descendants stand what the history of slavery is all Africa, that I intend to introduce legis- of African slaves. That is turning his- about. They do not understand, even lation which calls for the establish- tory on its head, because the interpre- our own young people do not under- ment of a Truth and Reconciliation tation of the Constitution, most of the stand, how great their ancestors were. Commission in the United States relat- time the Supreme Court wants to know I talk to young people and I say, all ed to slavery and the condition of peo- your ancestors were members of an ar- what was the intent of the founders. ple of African descent, the descendants The 14th amendment says the intent istocracy, an aristocracy of survivors. of the slaves. of the founders in the 14th amendment Survivors. Just to survive, just to sur- The gentleman from Michigan [Mr. was to correct injustices related to vive the Atlantic crossing, just to get CONYERS] has introduced for several here to these shores alive, to survive years a bill related to reparations. I am slavery. And there are other parts 232 years. Two hundred thirty-two not going to add reparations. That is which go on to talk about getting rid years. And remember Shakespeare’s money. It excites people. It leads the of that three-fifths count and counting phrase, ‘‘Tomorrow, and tomorrow and discussion in the wrong direction. I everybody whole. Every male is to be tomorrow.’’ want to talk about truth, truth before counted equally. And there are other parts that talk What was 232 years like? What did reconciliation. slaves have to look forward to? Two We are not reconciled. We have too about punishing, punishing the people hundred thirty-two years. What are the many people out there among the de- who rose up in rebellion against the economic implications of being in scendants of slaves who do not under- Union. That is all in the 14th amend- America, a people being in America for stand where they came from and who ment. I cite those things because that 232 years and not being paid for their do not have the right self-esteem and makes it clear the 14th amendment is labor? What are the economic implica- sense of self-worth. We have too many not about equal rights for everybody. tions of a people not being able to save people out there among the descend- It is about making adjustments in this anything? What are the economic im- ants of slave owners who are not will- society to take care of the evils of slav- plications of not being able to pass ing to admit that there was a great in- ery. And when we set aside laws and anything on to your children? justice done and that injustice had re- voting rights laws which favor the de- Some of our young people are percussions. scendants of African slaves, then we ashamed that it seems that blacks are Some of the people who stand on the are in harmony with the 14th amend- always at the bottom. They are at the floor and yell loudest about welfare ment. bottom of the economic structure, et and the need to make everybody go out We need to study these things in cetera. It would take a miracle for us and overnight get a job, et cetera, more detail. We will be back in the fu- to get to the top when we consider the when the jobs do not exist and the ture, and I hope my colleagues will join fact that most wealth is inherited. economy does not favor certain kinds me. Civil rights organizations need to The researchers have established the of people, they are descendants of slave update their own quest for the truth in fact that wealth is inherited. It is owners. history. We need to support a Truth passed on from one generation to an- We need to put these things in per- and Reconciliation Commission in other. Sometimes it may be a small spective. We need to study in a deeper order to move forward toward the year amount, but in order to have a small and more thorough way some of the 2000 with a more just society. amount to invest and to make that major documents of our own history, There are issues that will be coming amount grow you have to have it to the Truth and Reconciliation Commis- up this very year: putting a cap on begin with. sion. Medicaid, denying medical services to As I said before, the gap between the And again I want to emphasize the the poorest Americans. The proportion black middle class in America and the fact that reconciliation is more impor- of the poorest Americans is great H444 CONGRESSIONAL RECORD — HOUSE February 11, 1997 among African-Americans, the de- The question of amnesty must be located tioned. But neither the United States nor scendants of slaves. We are moving in a in a broader context and the wounds of our any State shall assume or pay any debt or direction which is refusing to recognize people must be recognised. I do not distin- obligation incurred in aid of insurrection or that we ought to take some steps to guish between ANC wounds, PAC wounds and rebellion against the United States, or any other wounds—many people are in need of claim for the loss of emancipation of any reconcile with the former victims of healing, and we need to heal our country if slave; but all such debts, obligations and slavery. we are to build a nation which will guaran- claims shall be held illegal and void. These things are part of history. The tee peace and stability. Section 5. The Congress shall have power small individual achievements of indi- A critical question which involves all of us to enforce by appropriate legislation, the viduals are part of history, and that in how do South Africans come to terms provisions of this article. has been cited in many cases here, but with the past. In trying to answer this im- AMENDMENT XV portant question honestly and openly, we are we need to take a more profound, in- Section 1. The right of citizens of the Unit- fortunate in having a President who is com- depth look at history, the history of ed States to vote shall not be denied or mitted to genuine reconciliation in our abridged by the United States or by any America and the awful institution of country and to the transformation of South State on account of race, color, or previous slavery; how the repercussions of that Africa into a non-racial, non-sexist democ- condition of servitude. institution keep going on. racy based on a recognition of universally Section 2. The Congress shall have power Mr. Speaker, I thank everybody who accepted human rights. to enforce this article by appropriate legisla- The President believes—and many of us has participated today. tion. Mr. Speaker, I want to enter into the support him in this belief—that the truth concerning human rights violations in our f RECORD at this point an introduction country cannot be suppressed or simply for- which explains what the Truth and gotten. They ought to be investigated, re- SALUTE TO BLACK HISTORY Reconciliation Commission of South corded and made known. Therefore the Presi- MONTH Africa is all about. dent supports the setting up of a Commission The SPEAKER pro tempore. Under a INTRODUCTION BY THE MINISTER OF JUSTICE, of Truth and Reconciliation. previous order of the House, the gen- MR. DULLAH OMAR * * * * * tleman from Pennsylvania [Mr. FOX] is After a long process of discussion and de- AMENDMENT XIII bate, inside and outside of Parliament, the recognized for 5 minutes. scene is finally set for the appointment of Section 1. Neither slavery nor involuntary Mr. FOX of Pennsylvania. Mr. Speak- the Truth and Reconciliation Commission. It servitude, except as a punishment for crime er, I rise tonight to join with my col- is important to understand the context in whereof the party shall have been duly con- leagues to salute Black History Month which the Truth and Reconciliation Commis- victed, shall exist within the United States, in the United States. or any place subject to their jurisdiction. sion will take place. The Commission is Just recently, Mr. Speaker, the Na- based on the final clause of the Interim Con- Section 2. Congress shall have power to en- force this article by appropriate legislation. tion held a dual celebration, the inau- stitution which reads as follows: guration of the President of the United ‘‘This Constitution provides a historic AMENDMENT XIV States and the birthday of the late bridge between the past of a deeply divided Section 1. All persons born or naturalized society characterised by strife, conflict, un- in the United States and subject to the juris- Rev. Martin Luther King, Jr. Mr. told suffering and injustice, and a future diction thereof, are citizens of the United Speaker, this was a leader who inspired rounded on the recognition of human rights, States and of the State wherein they reside. a generation to dream of a society democracy and peaceful co-existence and de- No State shall make or enforce any law where prejudice has no place and intol- velopment opportunities for all South Afri- which shall abridge the privileges or immu- erance is without a foothold. cans, irrespective of colour, race, class, be- nities of citizens of the United States; nor lief or sex. shall any State deprive any person of life, b 1730 ‘‘The pursuit of national unity, the well- liberty, or property, without due process of Now as we stand on the threshold of being of all South African citizens and peace law; nor deny to any person within its juris- require reconciliation between the people of diction the equal protection of the laws. a new century, we must reevaluate how South Africa and the reconstruction of soci- Section 2. Representatives shall be appor- we have held to the principles espoused ety. tioned among the several States according to by Dr. King. His message, in fact his ‘‘The adoption of this Constitution lays their respective numbers, counting the whole very life, was a call to arms for mil- the secure foundation for the people of South number of persons in each State, excluding lions of Americans. During his all too Africa to transcend the divisions and strife Indians not taxed. But when the right to brief life, he raised the conscience of of the past, which generated gross violations vote at any election for the choice of elec- America and, in doing so, made the of human rights, the transgression of hu- tors for President and Vice President of the greatest Nation on Earth even greater. manitarian principles in violent conflicts United States, Representatives in Congress, and a legacy of hatred, fear, guilt and re- the Executive and Judicial officers of a At times it seems as though his dream venge. State, or the members of the Legislature has been forgotten, it seems as though ‘‘These can now be addressed on the basis thereof, is denied to any of the male inhab- the differences of race cannot be over- that there is a need for understanding but itants of such State, being twenty-one years come. not for vengeance, a need for reparation but of age, and citizens of the United States, or I was shocked and saddened last year, not retaliation, a need for ubuntu but not for in any way abridged, except for participation as many of my colleagues were and the victimisation. in rebellion, or other crime, the basis of rep- citizens across the country, when de- ‘‘In order to advance such reconciliation resentation therein shall be reduced in the praved arsonists burned down black and reconstruction, amnesty shall be grant- proportion which the number of such male ed in respect of acts, omissions and offences citizens twenty-one years of age in such churches throughout the South. This associated with political objectives and com- State. throwback to a dark era hinted at the mitted in the course of the conflicts of the Section 3. No person shall be a Senator or underlying and unresolved issue of rac- past. To this end, Parliament under this Representative in Congress, or elector of ism in America. But once again Amer- Constitution shall adopt a law determining a President and Vice President, or hold any of- ica did not allow darkness to reign. In- firm cut-off date which shall be a date after fice, civil or military, under the United stead, Americans of all faiths and col- 8 October 1990 and before 6 December 1993, States, or under any State, who, having pre- ors came together to rebuild those and providing for the mechanisms, criteria viously taken an oath, as a member of Con- churches and as the walls rose, so did and procedures, including tribunals, if any, gress, or as an officer of the United States, through which such amnesty shall be dealt or as a member of any State legislature, or the promise of America. with at any time after the law has been as an executive or judicial officer of any Mr. Speaker, the promise of this Na- passed. State, to support the Constitution of the tion was born in the belief that we ‘‘With this Constitution and these commit- United States, shall have engaged in insur- were all created equal and entitled to ments we, the people of South Africa, open a rection or rebellion against the same, or certain inalienable rights. That prom- new chapter in the history of our country. given aid or comfort to the enemies thereof. ise grew as our Nation grew until we I could have gone to Parliament and pro- But Congress may by a vote of two-thirds of realized that some were excluded from duced an amnesty law—but this would have each House, remove such disability. the promise of freedom and justice. been to ignore the victims of violence en- Section 4. The validity of the public debt of tirely. We recognised that we could not for- the United States, authorized by law, includ- Black Americans suffered greatly, not give perpetrators unless we attempt also to ing debts incurred for payment of pensions just in the South but also in northern restore the honour and dignity of the victims and bounties for services in suppressing in- States, where poverty and hopelessness and give effect to reparation. surrection or rebellion, shall not be ques- were the norm for free blacks. But it February 11, 1997 CONGRESSIONAL RECORD — HOUSE H445 seems that in our darkest hours, Amer- tion is basically the same bill that I of- them the right to own those ideas, just icans always rise to a new level of de- fered last year as H.R. 359. H.R. 359 had as we gave people the right to own cency and honor. over 200 cosponsors; 81 of them were property. During the American Civil War, it Democrats. H.R. 359 had the support of Many of the countries from which was Abraham Lincoln who gave voice major universities, pharmaceutical our Founding Fathers and Mothers to the truth that America cannot truly companies, energy companies, energy came from, the right of property own- be free as long as we excluded men and innovators, biotech companies, venture ership for the average person did not women based on the color of their skin. capitalists, and, most importantly, it exist. In fact, people were repressed, As the civil rights movement in the had the support of every small inven- and the right of ownership, just like 1960s grew, a new voice was heard, the tors organization in the country. other rights, the right of religion and voice of a preacher who reminded all Last year H.R. 359, my piece of legis- speech, were not things that were Americans that only God could deter- lation, never made it to the floor of the granted to the common man. These mine what was in a person’s heart and House of Representatives for a vote. were things that were meant for the ar- a colorblind system of justice could es- This year, we have every indication istocracy. That is why people came to tablish equality in America. that it should get to the floor and have the United States of America, because Now at the dawn of the 21st century, a vote here on the floor of the House of they read Thomas Jefferson and they Mr. Speaker, only a free and equal soci- Representatives by the August break. read Benjamin Franklin and they read ety can shape the future of this great Last year there was another patent Thomas Paine and Patrick Henry and Nation. Only by working together as a bill, as well as my own, that was intro- John Adams and George Washington, unified nation can we truly realize the duced. This was a far different bill. It and they read our Declaration of Inde- potential of all of our citizens and the was introduced by Congressman Carlos pendence and they knew something beauty of our more perfect union. Even Moorhead and Congresswoman Pat was going on in the United States of today we have not reached a place Schroeder, who are now, of course, re- America. It was a place where the com- where all minorities share equally in tired from this institution. This bill mon man could come, he could raise the American dream. President Clinton had a dozen or so cosponsors, but it had his family, and a family could expect in his inaugural address issued a chal- the tremendous support, the enormous that their children would have oppor- lenge to the Nation to reshape our soci- support, of multinational corporations tunities beyond anything that was ac- ety by creating a new government for a and those people in the political and cessible anywhere else in the world. new century, a government humble economic establishment that are strug- Part of this opportunity came from the enough not to try to solve all our prob- gling to create what they are calling a fact that we recognized property lems for us, but strong enough to give global economy. rights. The property rights to own us the tools to solve our problems for You see, the Patent Term Restora- land, as I say, was also protected by ourselves. tion Act, H.R. 359, which I will be sub- the Constitution. The right of con- I agree with his challenge, but I add mitting and asking Members to join me tract, and other economic liberties that all Americans must have access to in cosponsoring, takes a totally dif- that were only thought of as rights for the tools necessary to solve those prob- ferent approach than what last year’s the elite in these other countries, were lems. And so here in Black History bill by Mr. Moorhead and Mrs. Schroe- turned over to every person who was an Month, Mr. Speaker, I join my col- der was taking. In fact, their bill now, American, and every person who came leagues from the House on both sides of H.R. 3460, has been reintroduced as here who wished to become a citizen the aisle and the Senate as well and H.R. 400, which will also come to the was given freedom. They were not join with the executive branch and all floor by the August break. given any subsidies or any type of wel- Americans across the United States to So we have two different approaches, fare, but they were given freedom, and make sure that we rededicate ourselves and I thought that today I would dis- they were given the promise that their to the principles of Abraham Lincoln, cuss this major decision that Congress rights would be protected. As I say, in- the principles of Dr. Martin Luther will make that seems like it is such an terestingly enough, one of these rights King, Jr., and to make sure that we obscure issue and a complicated issue that is so often ignored and often over- correct the inequities and to make sure that many Americans will probably not looked was the right to own one’s own that opportunity for all, whether it be even understand that there is an im- creative genius, the product of one’s in education, housing, jobs, in training, portant decision about to be made that own creative genius, the patent right. access to public accommodation, is will impact so directly on their lives Traditionally, this is how the patent equal to all, and we will rededicate our- and the lives of their children. system worked in America. As I say, it selves to that purpose and to those First of all, let us note that patent was the strongest of any place in the goals. protection in the United States of world. Someone who had a new idea, f America is something that has reaped whether it was Eli Whitney with the tremendous rewards for our people. We cotton gin or whether it was Samuel HOUR OF MEETING ON TOMORROW have had, in the United States of Morse with the telegraph or Alexander Mr. FOX of Pennsylvania. Mr. Speak- America, the strongest patent protec- Graham Bell with his many inventions, er, I ask unanimous consent that when tion of any country in the world. the light bulb and others, these people the House adjourns today, it adjourn to In fact, Thomas Jefferson, Benjamin would work on their idea and they meet at 10 a.m. tomorrow. Franklin, and others of our Founding would then develop their idea into a The SPEAKER pro tempore (Mr. Fathers insisted that the concept of patent and take it in the proper form PEASE). Is there objection to the re- patent protection be written into the and would submit this idea, submit it quest of the gentleman from Penn- Constitution of the United States. We to the Patent Office and the Patent Of- sylvania? in fact had the strongest patent protec- fice would consider their idea. There was no objection. tion because our Founding Fathers be- Traditionally, no matter how long it f lieved it, it was written into our Con- took our Government to act in grant- stitution, and throughout our history ing the right of ownership to that piece AMERICAN PATENT SYSTEM the idea of the ownership of one’s cre- of property, that intellectual property, UNDER THREAT ative genius was always supported by the applicant always knew that after The SPEAKER pro tempore. Under the American Government. the patent was granted that he would the Speaker’s announced policy of Jan- Thus, over the years, as people came have a guaranteed patent term. Well, uary 7, 1997, the gentleman from Cali- here from every part of the world, peo- that was part of the guaranteed rights fornia [Mr. ROHRABACHER] is recognized ple who wanted to work hard and peo- that we had. for 60 minutes. ple who had the creative spirit and a You have a right to freedom of Mr. ROHRABACHER. Mr. Speaker, I revolutionary spirit about them, these speech, you have a right of freedom of am asking my colleagues today to join people brought with them new ideas, religion, you have a right of freedom of me in cosponsoring the Patent Term and they were confronted with a soci- assembly. You have a right to own Restoration Act. This piece of legisla- ety that protected their ideas and gave your property. Well, you also had a H446 CONGRESSIONAL RECORD — HOUSE February 11, 1997 right to a guaranteed patent term. In you visit that place today, you will see A black American who invented a the early part of our country’s history, that Thomas Jefferson believed in that. process of how to bring down the cost the patent term was, no matter how If you visit Philadelphia and visit the of building shoes was issued a patent long it took you to get it issued by the home of Benjamin Franklin and the back in the, I think it was 1870, and Government, if it took 10 years, you places where he lived, you will see that this patent man, here he was in a coun- would still have 14 years of patent pro- Benjamin Franklin was the inventor of try that basically discriminated tection. They would give you a guaran- the potbellied stove. Now that does not against black American citizens, but teed patent term of 14 years once it mean much to us today, but it cer- they so believed in the patent right was issued. tainly meant an incredible amount to that they protected his right to that Later on, as America began to realize people who lived in cold homes and all patent, and in doing so that black how important the development of they had were fireplaces before this. It American was able to contribute technology was to our well-being, our permitted the average person to be knowledge and technology that within Government wisely extended the pat- warm in the wintertime. It was a piece a few years reduced the price of shoes ent term to be 17 years. So for the last of technology. Thomas Jefferson, Ben- for the average American by 50 per- 150 years, American inventors would jamin Franklin. Benjamin Franklin in- cent. And what that meant: that Amer- work on their patent and develop new vented the bifocal. He experimented icans were able to have shoes. Ameri- systems and new ideas and concepts with electricity, and how many of us cans had clothing, they had shoes, they and technologies. They would go to the read about that in our childhood when had full stomachs. They in fact were Patent Office knowing, and their inves- we went to school about Benjamin not slaves to their labor because there tors would see them through, knowing Franklin flying the kite and experi- were labor-saving devices that were that no matter how long it took for menting with electricity? being developed every day by other that patent to be issued, they would b 1745 Americans. have 17 years to recoup and benefit This is what made us. This freedom from that. From that time that they Thomas Jefferson experimenting and this technology is what made us had put in personally or the venture with balloons in Paris when he rep- the most prosperous country in the capitalist who put in the investment, resented the United States there, as world. It also protected us during those they knew they would have a chance to well as Benjamin Franklin experiment- times of conflict when America’s safe- get a return. ing with flight; they had vision. In ty was in the balance during World War This has served America so well. fact, when Benjamin Franklin in his II and during the cold war. It was Technology and the fact that we have waning years thought about the fu- American technology, not raw man- been on the cutting edge of technology ture—there is a famous quote from power that saved America. has made all the difference in our coun- Benjamin Franklin saying that he is You know, if we tried to match, if try. It did not make just all the dif- sorry that he is going to die, not be- Americans tried to match the world ference for the aristocracy. The fact is cause he is sorry for leaving the planet, man for man, economically, we never they did not have this freedom in other just for not being alive, but he is sorry would have succeeded; we will not suc- countries. They did not have the free- to die because he knows that the Amer- ceed in that today. There are many dom of speech, the freedom to own ican people will be inventing so many people who think that just, oh, basi- property, the economic freedoms we new things and there will be so many cally we cannot compete against cheap have, and they also did not have the changes in the human condition labor around the world. Well, there was patent freedom that we had in America brought on by devices and technologies always cheap labor around the world, in these other lands, but the aristoc- that are undreamed of in that day and our people always outcompeted racy did not care because they had the when he was alive, and that he just them; and in terms of warfare, we rights. The aristocracy kept the power yearned to be able to see those inven- could not have competed against adver- and the rights to themselves in other tions. Well, he had faith in the Amer- saries man to man, we could not put societies. ican people, and he ensured that the That is why in the United States of American people’s rights were pro- raw muscle power or the numbers of America that we made the blessings of tected. And during the century after people in the field that adversaries, ty- liberty to every person here, was avail- his death, the American people did not rannical adversaries, could. able to every person here. That is the let him down. We were the center not What saved us economically and reason why we became a beacon of hope only of freedom but of innovation. saved us militarily was the fact that to the world, but also we became a The Fulton steam engine on the our people were superior in the equip- leader in the world in the standard of steamboats; we all think of Robert Ful- ment that they had to use to produce living of our people, of the average per- ton as being the inventor of the steam goods and services, but they were also son. Our people were able to engine. He was not the inventor of the superior in the technology that was in outcompete every potential competitor steam engine. The steam engine was the weapon systems they used to pro- in the world because Americans had, built many, many years before, but it tect our country. yes, low taxes, which was important, was the American genius that put that Our adversaries understand this. Dur- and yes, we had people who were will- steam engine onto a boat in order to ing the cold war, more than anything ing to work. But there are other coun- use it rather than having people having else it was the concept that the United tries with low taxes and other coun- to paddle or use the sail in order to States of America had technology that tries that basically had many people propel a boat. was well beyond anything that could willing to work. But what we did was We had inventions, whether it was have been produced in Communist we put our working people in the posi- the initial inventions that permitted countries. That unnerved the Com- tion of being able to outcompete any- us to have mass manufacturing, or munist bosses and led to a disintegra- one in the world because they were whether it was the initial inventions of tion, a disintegration of the Com- using superior technology, cutting- the telegraph or these other things munist empire that threatened us for edge technology, and it was the Amer- that help us with communication, or four decades after World War II. ican people that were coming up with whether it was the great surge of in- We can thank our rocket scientists, the ideas to lift the burden of labor ventions that happened after we actu- we can thank our people who went from their fellow Americans in a way ally increased the length of the patent forth to develop a missile defense sys- that would increase the production of term. tem, but we could also thank the aero- their fellow Americans, making us Alexander Graham Bell and others space engineers who over those 40 years more productive but making us a came forth with these new types of built airplanes that would take our wealthier society. processes that propelled mankind into people out to battle and make sure This was the vision that Thomas Jef- an era when the common man was not that they were superior to any aircraft ferson had. This was the vision when he just trying to keep warm in the winter, in the world. We can also thank our retired to Monticello and he was tin- but where average families lived decent scientists and our other technologists kering with his various devices, and if lives. who produced the radar, produced the February 11, 1997 CONGRESSIONAL RECORD — HOUSE H447 electronics, produced the other equip- world in order to make it a better place those rights in order to achieve their ment that enabled us to with con- by their understanding of what a better objective because, once they achieve a fidence tell the Soviet Union, as Ron- place means. Lord help us from people global marketplace, their theory is, oh, ald Reagan did, that it would be left in who think that they are going to make the dictatorships like that in China the dust bin of history unless it joined a perfect world because what we are and elsewhere, they will disappear be- the free nations of the world and put facing when you face someone who is cause if they just have more contact away its aggressive aims on the West going to make a perfect world, you are with the West, well, those dictator- and its aims at destroying democracy. facing an individual who has all the ships, those ruthless regimes, will lib- So instead, we have ended the cold good intentions in his heart but is will- eralize, they will become more benevo- war without firing a shot at the Soviet ing to destroy your rights in order to lent, and they can become part, in fact, Union. Instead of massive destruction, achieve his or her objectives. That is of the benevolent new global order. I we ended the cold war by insuring that what we saw with all the past reform- guess George Bush called it the New we were ahead technologically and by ers who were going to make this a World Order. being strong advocates of human free- global world which was a perfect world. Well, this type of nonsense is going dom. Well, that is what we are facing here. to lead to nothing but misery for the Unfortunately, what helped us end We have groups of people, powerful in- American people. This type of logic the cold war, what has preserved the dividuals who think they are going to will lead the American people with the American way of life and given us a build a perfect world, and they are same status as the multitude of people standard of living, given a standard of going to guide us into this new era of a who live in countries throughout the living to the American people as no one global economy, and they are going to world that were the homelands of our has ever dreamed before, is under at- regulate the global economy. Well, forefathers and mothers. We left those tack. It is under attack because a glob- they cannot even regulate the Amer- societies to come and live in America al economic war has replaced a cold ican economy. Even that does not to be free. We came here because we war. That is something we cannot get work. And now they are going to try to knew our rights as human beings would rid of. We cannot escape that. We can- create the global economy. be protected and that America was a not escape the fact that now we will Now I happen to believe in free trade. special place. have global competition because tech- I am a free trader. I believe commerce b 1800 nology has improved communication between people is a good thing. But I But now we see that those protec- and transportation beyond anything would tell you one thing: I do not be- tions are going to be diminished. that could have been believed only 100 lieve in free trade with dictatorships In the beginning, they hoped to di- years ago. because it is only free on one end. What minish these rights. Just basically, So we have a global economy, we I believe in is free trade between free they do not want to talk about it, and have a global war economically going people, and between free people we will in this first battle, I might say, of the on, but our adversaries have launched a prevail. But one of the things that will global economy, they tried to do this sneak attack on the United States of make us prevail is the fact that we will in a very underhanded way. Let me de- America. continue to protect our own citizens. scribe how the patent rights of the This will surprise many of the Amer- We live in a world where there are American people have already been di- ican people, but there has in the last 4 many countries that are not free, and minished. years been a concerted effort to dimin- if in order to create a global market- What was our basic right to begin ish the patent protections that we have place that includes these unfree soci- with? Our basic right was, the Amer- considered to be a right of Americans eties, these dictatorial societies like ican inventor could apply for a patent over the history of our country. There Communist China, and like I would say and no matter how long it took the bu- has been an underhanded effort to probably a quarter of the other coun- reaucracy to prove that patent, he or change patent law and to undo this tries across this planet where people she would still own that patent and great economic prosperity that we live in despotism, where they live in have a right to benefit from it for 17 have for the common man by coupling, deprivation, where they have no rights, years. That was called the right of a decoupling that is, America from its where the working people are basically guaranteed patent term. greatest asset, and that is our techno- slaves that have no right to organize Well, in order to harmonize our law logical superiority over our competi- unions, they have no right to have con- and to have a global economy, it was tors and our adversaries. tracts enforced; they are the pawns of determined that the United States Let me say this so that it will be vicious and ugly rulers who side with should end the guaranteed patent term, very plain for everyone to understand. the elites in their society. If we tried that that should no longer be a guaran- The fundamental patent law of our to basically lower the standards of the teed right for the American people. As country, which is the reason why American protection, our protections I say, in a very underhanded fashion Americans from all parts of the world that we have had, the protection of our the change in the patent law was snuck were able to come here and produce rights as U.S. citizens, in order to cre- in, and I say snuck in because I asked these great new technologies, it did not ate a global economy in which we will repeatedly for any language that would just happen on its own, it did not hap- be dealing on an equal basis with those be in the GATT implementation legis- pen because of our race or religion or kinds of societies, the American people lation about patents, and was denied anything else, it happened because we are bound to lose. the right to know what was in there were a people that had a Government And what is happening, and the pat- until the very last minute. I am a that was set up to protect intellectual ent fight is just the first step in this Member of Congress asking what lan- property rights, especially patent global economy battle that we will see guage will be in a piece of legislation, rights, and those laws protecting pat- popping up here in Congress over and and the administration was denying me ent rights have been fundamentally over again, what we will see, more and that right to know what was in it. changed and there is a move in this more, is that in order to be in a global They put this change in patent law country to basically greatly diminish economy we have to eliminate this, we into the GATT implementation legisla- the patent protection enjoyed by our have to eliminate that, we have to tion. people. change this, our law, and we have to di- Let me explain what GATT imple- In order to what? Why would some- minish the rights of Americans. mentation legislation means. The one do that? Why would any American What we are talking about is that GATT implementation legislation is do that? It is being done by many peo- there is an elite at work in the world the legislation that we passed in Con- ple with a straight face, who come for- and in the United States that in order gress in order to fulfill our obligations ward thinking they are trying to cre- to create a global economy are willing by agreements that we reached with ate a better world in the name of creat- to cast away and diminish the rights other countries to establish the general ing a global market. Lord save us from that have been protected by the Amer- policies on trade and tariffs for around benevolent souls who would restruc- ican people, rights of the American the world. Basically, GATT means Gen- ture our lives and remake the entire people. They are willing to diminish eral Agreement on Trades and Tariffs. H448 CONGRESSIONAL RECORD — HOUSE February 11, 1997 When this administration and other patent issued as soon as possible; no, same people who snuck this into the administrations were negotiating the clock is ticking against the inven- GATT implementation legislation. It is GATT, they were given the right to ne- tor. If it takes him 15 or 20 years to get H.R. 400. It is the second shoe that is gotiate GATT by the Members of Con- his patent, his or her patent issued, falling. The first shoe was eliminating gress, and I voted for this, by the way. that inventor will have seen three- the guaranteed patent term for the They were given what they called fast quarters of his or her patent term American people. That helped har- track authority, because there is no- eliminated, because the time is tick- monize law with Japan, except in body to negotiate an agreement like ing, the clock is ticking against the in- Japan they also have something else. this if you are going to have every lit- ventor, and he or she only has 20 years. H.R. 400, and I call this the Steal tle thing that is agreed upon have to be And if it takes 15 years, and many of American Technologies Act, H.R. 400, voted up and down by Congress. the breakthrough technologies that we the main purpose of that bill is to do Fast track simply means that the have had, especially in this last two what? Congress will be kept informed of what and three decades, many of them take The bill, by the way, when it was is involved in the GATT agreement, 5 and 10 years for a patent owner to get first introduced was called the Patent and then the Congress would be given the patent issued, because if it is a Publication Act. That is what it was 50 days to examine the agreement and breakthrough technology—by the way, originally titled when they first intro- everything that is in the legislation most of the patents, 90 percent of all duced it in the last session of Congress. that implements the agreement, and patents are very simple, just readjust- But they changed that right away, be- then we would only have an up or down ments of new technology. The break- cause they figured out, oh, my gosh, vote on the GATT implementation leg- through technologies take a very long everybody realizes what it is all about. islation. time to get through the patent system. No; H.R. 400 is almost the same piece of So we gave up our rights here; to Many of them have taken 10 and 20 legislation, it has the same purpose. It look at every little section of the years themselves. is to harmonize our law with Japan on GATT implementation legislation, we That means that we are dramatically the last element that we are not the gave up that right with the promise reducing the amount of time that our same with Japan on. In Japan it has been far different that we would have 50 days to examine inventors have to reap the rewards of than the United States. In the United it and know everything that was in it; their own innovation, and in fact we have eliminated the guaranteed patent States, someone comes up with a new and that there would be nothing, and piece of technology, patents it, goes to here is the catch, there would be noth- term. There is no guaranteed patent term. That was done. That was done the patent office and applies for a pat- ing in that legislation that was not re- ent. That man is not only guaranteed, quired by the GATT agreement itself, basically in a very surreptitious way, and I have been fighting that battle. no matter how long that man or and the agreement that we made with woman, no matter how long it took all of these other countries. That is what the Patent Restoration Act is going to be all about, is restor- them to get their patent through the Well, there was no agreement made process, they would have that 17 guar- as part of GATT that required us to ing the guaranteed patent term. But those people who eliminated that anteed years of protection, but they cast aside and to eliminate this tradi- were also guaranteed that during the tional guarantee that we had of patent guaranteed patent term, why did they do that? They did it, as I say, as part time before that patent was issued, protection important to the American of this harmonization effort. But who that information, all of the creative people. There was nothing in there that really started the ball rolling? The genius, all of the investigatory work, mandated we had to do that. Yet, the American people will be surprised to all of the materials and details about administration snuck this into the hear, the real reason we have been try- the new technology would be kept se- GATT implementation legislation, ing to eliminate the guaranteed patent cret and confidential. No one would would not even tell me as a Member of term by some people here in this body know about it, and in fact, it was a fel- Congress until the last minute that it who have been trying to eliminate the ony for Members of the Government to was in there, and then gave us just a guaranteed patent term is because it disclose that information because we few days to pass GATT. Luckily, we will harmonize our law with Japan. protected the rights of that inventor. beat them back and we were able to Bruce Lehman, the head of our pat- Well, guess what H.R. 400 does? It postpone that vote on the GATT imple- ent office, went to Japan, had a meet- says that after 18 months, whether or mentation legislation. ing with his counterpart in which he not the patent has been issued to the That is really when I became active signed an agreement to basically har- American patent applicant, it will be on this issue of the GATT implementa- monize our law, not to bring up the published for the entire world to see. tion legislation. What it was was an level of protection in Japan to that of Do you get what I am saying here? Un- amendment, a small amendment, ob- the United States, but to bring down derstand the magnitude of this. Every scure, hard to see the importance of it; the level of protection in the United new idea that Americans come up with and in fact, if you read the language it States to that of the level of Japan. technologically will be published for looked like they were actually increas- That system, where there is no guar- every copycat brigand and everyone ing the time of patent protection for anteed term and the clock is ticking who would set up factories in order to the American people. against the inventor, has been the Jap- destroy us economically. They will The change is, and traditionally, re- anese system. That is why they never have every piece of information about member, if you applied for a patent, no invented anything. That is why they America’s new innovative ideas, even matter how long it took you to get it, use our technology, because they have before the patents are issued. And do once you got it, it was yours for 17 a system where the inventor, once he you know why? Because that is the years, 17 years of a guaranteed patent applies, the clock is ticking against way it is in Japan. That is also Japa- protection. Now, under the new law the inventor. The huge corporations nese law. which is now in law, they totally be- come in and they beat down the inven- It is Japanese law that you do not trayed us, they put it in there without tors and they force them to give up have a guaranteed patent term, the it being required by GATT, I was not their rights, and the creative people in clock is ticking against the inventor, able to defeat it, now what does the that society are steamrollered by pow- and as soon as the inventor puts this law say? erful interests who want to have con- patent in, after 18 months it is pub- The law says that someone who trol of the wealth-producing ideas and lished so everybody in Japan can see it. comes up with a new idea, new inven- technology that will determine who That is why no one invents anything in tion, can submit that, but the clock has the power in the future. Japan, and that is why the special in- starts ticking immediately. And the That is the system they are imposing terests, the powerful lords of Japan, clock is ticking not against the govern- on us, ladies and gentlemen. That is the great shoguns of their economy ment, not against the bureaucracy, not the system that these planners want to beat the life out of their own people in against those people on the outside put on the United States. order to steal the new technological who would try to interfere, try to There is, by the way, another bill, as ideas, and why people just do not in- interfere with a man’s right to have his I say, that is being introduced by the vent anything. February 11, 1997 CONGRESSIONAL RECORD — HOUSE H449 But here is the problem: If we change teed patent term so that the inventor, marine patent issue, which I think is a our laws so that we do not have a guar- all the time will be put against the in- bogus issue, or in fact, a minuscule anteed patent term, and that after 18 ventor. part of our system, they are using that months these very same shoguns in Yes, there is a small problem called as an excuse to publish every secret Japan, and monsters in China who the submarine patent problem. By the that we have developed technologically murder their own people, who do not way, in the piece of legislation I am to people all over the world who will care one bit about human rights, these proposing, the Patent Term Restora- steal that technology and will use it people in different parts of the world tion Act, we deal with that. The only against us. This is how terrible it is. who wish to steal everything that is thing to solve this problem, it only Our genius will be used to destroy America’s, copycats, these people will takes some remedial discipline or basi- our standard of living. Our genius will now know all of our secrets. They will cally some remedial reforms within the be used not to make the lives of the be able to come here and do to the Patent Office structure itself. We do American people better, not to enable American people, through people that not even need legislation on that. us to compete with the rest of the they have hired, lawyers and lobbyists The Patent Office, because if you world, against people with low-priced who they have hired here in Washing- have someone manipulating the proc- labor. Our genius will not be used to se- ton, DC, to do to our people what they ess at the Patent Office, the Patent Of- cure us from foreign adversaries. Our have been doing to their own people. fice can simply change their proce- genius will be exposed to the rest of the We are making the American people dures to prevent manipulation. It is world, giving it to them on a platter, vulnerable to the same sort of corrupt the Patent Office that has to make the and they will use it against us. This is power plays that have been going on decision to grant someone a continu- a sin against the American people. for centuries in these other societies. ance in their application or whatever. People say, how can this possibly We are making our own people vulner- The Patent Office can change this. happen? How can it happen? We are able to it here, and we are doing it in But no, no, we cannot do that. We dealing with powerful interest groups. an area that makes America the most have been told instead, in order to These multinational corporations, vulnerable of all. It is our future abil- solve this problem we have to destroy many of them who control American ity to compete with the world techno- the whole patent system. We have to corporations now, these people are the logically. It is our achilles’ heel. It did take the system that has served Amer- ones who hire lobbyists. They deter- not take our economic adversaries too ica so well and eliminate the basics of mine the policy of these big companies. long to realize, ‘‘How do we bring that system in order to get to the sub- Is it any wonder that these big com- America down? These guys are always marine patent problem. panies perhaps do not have the best in- one step ahead of us. They are one step I used this example before and I will terests of the American people at ahead of us because they have a system use it tonight, as well. This is very heart, when they are owned and con- that protects these new inventors, similar to someone who has a hangnail trolled by groups of who knows who; these individuals who come up with all problem and his doctor says, you have somewhere, people who perhaps have of the ideas.’’ a hangnail; in fact, your hangnail is in- absolutely no, they have absolutely no The major force behind this move for fected. Every time you go to the doc- commitment to the ideals that we harmonization is coming from multi- tor, the doctor is saying, oh my gosh, think of as Americans? national corporations. It is coming this hangnail; in fact, you are even be- I have been told over and over again from some people who are very well- ginning to limp a little bit because in the debate, Most Favored Nation de- intended, who have become convinced your hangnail is bothering your foot. bate about China, that if we just deal that there is a problem in our current The doctor says, look at the hangnail; with China for so long that this rotten system. They call it a submarine pat- and all the doctor ever talks to you Communist regime is going to liberal- ent problem. Submarine patents, by about is how bad the hangnail is. ize and it is going to become more mel- the way, are a minor problem that That is what is happening with the low, and actually we are teaching the have affected certain industries in a submarine patent. Any time you talk Chinese how to respect human rights. very bad way. The electronics industry, about patent law, the people who are That is not what it is all about. We there are some problems in which sub- trying to destroy the patent system know that. These businessmen are out marine patents have played a part and talk about the submarine patents. It is to make money and they do not care if have hurt some people. Some people like that hangnail. They have huge pic- it is blood money or not, and they do have been unfairly treated economi- tures of the hangnail, how ugly it not care if they have to put out of work cally and businesswise because of sub- looks; please focus on the hangnail. all their American workers; they are marine patents. Then you find out what the doctor going to go over there and make a 10- To let my colleagues know what a really wants to do is amputate your percent or 15-percent profit, rather submarine patent is, it is when it is al- leg. And you say, amputate my leg for than a profit here with 5 or 6 percent, leged that inventors try to stall the is- a hangnail? You are out of your mind. in which the American people would be suance of their own patent. They ma- No, look how bad hangnails are. able to have jobs, to have decent fami- nipulate the system at the patent of- I would say that if someone’s doctor lies. fice so that their patent will not be is- is suggesting that they amputate the These same people get involved in sued until 5 years later or 10 years leg because you have a hangnail, that economic relationships. They have no later, because they want it to be issued you had better question either the san- ideals. They never go to the Com- later, so then they will be able to have ity or the motives of your doctor. munist bosses in China and say, by the more money coming in because their Something is wrong there. And the way, now that I am here doing busi- technology will be a little bit better doctor says, we have to get the hang- ness, I would like to tell you that, you used in the long term rather than short nail corrected; otherwise you are going know, you should respect people’s right term. to limp for the rest of your life or as to have their own religion. You should long as that hangnail is there. But you not be enclosing those Christians in b 1815 say, wait a minute; if I cut my leg off, jail or those Buddhists over here in Of course, this happens maybe in one- I will not even be able to walk. Forget prison camps, or you should not be wip- tenth of 1 percent, perhaps, at most, of it, hangnails are terrible. ing out villages in Tibet. We should all patents, and it has minimal impact That is what is happening with the live with respect towards human on the overall economy. Minimal im- submarine patent issue. There is a rights. They do not do that in China. pact. What they are telling us is this problem. It can be corrected easily. But These very same people now are trying problem, they believe it will be solved. it is being used as an excuse to destroy to change our law so that the inven- And how will it be solved? It will be the patent rights that have been part tions we come up with as American solved by publishing all the informa- of the American system since the people, within 18 months they will have tion on every patent in America so ev- founding of our country. every detail, and it will be faxed to erybody will know what that inventor We had a right to a guaranteed pat- their companies in China, and they will is hiding, and to eliminate the guaran- ent term. They are using the sub- be producing it over there. H450 CONGRESSIONAL RECORD — HOUSE February 11, 1997 I was in the office here in the Ray- Lobbyists and paid adversaries can be something that is going to shock you burn Building when last year’s bill, overcome when people who live more than anything I have said. It which I call the Steal American Tech- throughout our country contact their eliminates the Patent Office from the nologies Act, H.R. 400, the equivalent Congressman and say, you have to de- U.S. Government. It takes our patent of that was going through committee feat H.R. 400, the Steal American Tech- examiners and turns it into a quasi-pri- last year. There was a man from a nologies Act; you have to defeat that. vate corporation. It is like they are solar energy company. He said, Mr. It is going to hurt our country, it is proposing in the Steal American Tech- Congressman, if this passes and they going to hurt the standard of living of nologies Act to basically make the publish all the information about my normal people. You have to support judges who determine who owns the patent applications after 18 months, I this restoration of America’s patent technology, take them away from their will tell you what will happen. The rights. You have to restore the patent civil service status and Government Japanese will have all that informa- term to the American people, as we status now, which means they have to tion, and they will have it in produc- have had in our country’s past, because answer to us, and they are going to tion, with my new technology, before I this will give us what we need to main- make it a quasi-independent organiza- am even issued my patent. They will tain the standard of living of regular tion. take that profit that they have used people, not just the elite. They are going to publish all our se- from my technology and they will use The elite has lost touch. I will tell crets to the world. They are going to it to destroy me. They will hire law- Members something. If we had to de- take away the guaranteed patent term. yers in the United States and else- pend on the elite of the business com- Now they are just going to obliterate where to destroy me and take away my munity to save American freedom, we the Patent Office as part of the U.S. rights to what I have developed with would all be in chains right now. Most Government. Does that not tell us millions of dollars. That is what will of the business elite of this country are something? We have to act. We would happen. This will be a catastrophe for looking for that extra 5-percent profit not let our courts be privatized by my company. at the expense of every value and ex- somebody who we did not know, who It is not hard to understand. They pense of the freedom of other people in was going to run the show. We would are going to publish everything for the world. They do not care, because not let that happen. every brigand in the world to see. Yet they want that extra 10-percent profit. These hardworking patent examin- they say it with a straight face; we We are not talking about the entre- ers, these people are making decisions have to do that because you have a preneurs who built American industry that affect not only the course of our hangnail. There is a little submarine 100 years ago, people who knew what it country’s future, but affect billions of patent problem here. We can solve the was like to come from humble begin- dollars of wealth. They should be part submarine patent problem. Do not let nings. of the Government. I believe in privat- anybody talk about amputating your We are talking about people who ization, but you do not privatize some- leg for a hangnail. Do not let anybody have been educated at Harvard and thing like that. talk about destroying your rights as educated at all these elitist schools I would hope that people gather to- Americans because there are some who really do not identify with the gether and say we will not stand for problems in our country. American people. They identify more this diminishing of our rights. I know We have had problems with people with the elite of other societies. They we will come through, and America who abuse their free speech. We have would rather hobnob with these people will not only survive, but America will had problems with people who abuse in other societies in their guarded, prevail and America will be free, be- the freedom of religion. We have had gated communities. cause that is the way God intended problems with our freedom in this The American people need to express America to be. country because some people misuse it. themselves, that they will not see their f But that is no excuse to diminish the rights diminished in order to establish protection of these freedoms that are a global marketplace, or anything else. SPECIAL ORDERS GRANTED enjoyed by the American people. That Yes, we will correct any abuses that By unanimous consent, permission to is what we are being told we have to exist. We are not a perfect country. address the House, following the legis- accept now, economically. They will But we will not see our freedoms di- lative program and any special orders win, unless the American people rise up minished because some people abuse heretofore entered, was granted to: and talk to their Members of Congress. them. (The following Member (at her own This is what will surprise everyone. We will enter this global market- request) to revise and extend her re- Most Members of Congress have no idea place with the protections we have had. marks and include extraneous mate- this is going on. I would say 75 percent We will win the competition, just the rial:) of the Members of Congress have no way we have beaten the competition Ms. PELOSI, for 5 minutes, today. idea about this battle. If they do, they before. We have beaten them because (The following Member (at the re- just heard a little bit about it, and it is we had freedom and we had technology quest of Mr. HOEKSTRA) to revise and only one thing they have heard in pass- on our side. That is what our Founding extend his remarks and include extra- ing, and they have no idea of the mag- Fathers saw so long ago, that people neous material:) nitude of the decision that is going to would come to this country, and that is Mr. LATOURETTE, for 5 minutes, be made. But they are being visited by why our country would prosper, that is today. lobbyists, and they are being visited why our people would be safe. Here we f and pressured by huge corporations are, with a little obscure issue like pat- that have connections to this inter- ent law, a little issue like that, that EXTENSION OF REMARKS national, global dream of a global mar- has been discovered as very pivotal to By unanimous consent, permission to ketplace, by multinational corpora- the well-being of our country in the fu- revise and extend remarks was granted tions who they emulate or are in eco- ture. to: nomic relationships with. Mr. Speaker, I hope my colleagues (The following Members (at the re- These Members of Congress might go will pay attention, and I know they quest of Ms. PELOSI) and to include ex- along with the pressure. But one thing will, pay attention to calls from home traneous matter:) I can tell you, in America, when the when people call to say, for goodness Mr. ANDREWS. American people talk to their Members sakes, do not support this H.R. 400, the Ms. WOOLSEY. of Congress, when the American people Steal American Technologies Act, and Mrs. KENNELLY of Connecticut. watch how their Congressmen vote and please, cosponsor DANA ROHRABACHER’s Mr. FAZIO of California. let their Congressmen know that, let bill that will restore patent protection Mr. TRAFICANT. their Members of Congress know how for the American people, and protect Mr. LANTOS. important it is to you and to the future us. Mr. VISCLOSKY. of our country about certain issues, By the way, one other part of H.R. Mr. MURTHA. this Congress responds. 400 I need to tell you about. That is Ms. SLAUGHTER. February 11, 1997 CONGRESSIONAL RECORD — HOUSE H451

Mr. STOKES. tion, Environmental Protection Agency, Bulk (U.S. Coast Guard) [CGD 93–056] (RIN: Mr. RICHARDSON. transmitting the Agency’s final rule—Ap- 2115–AE59) received February 4, 1997, pursu- Mr. TOWNS. proval and Promulgation of Implementation ant to 5 U.S.C. 801(a)(1)(A); to the Committee Plans; State of Tennessee and Memphis- on Transportation and Infrastructure. Mr. ORTIZ. Shelby County, Tennessee [TN–155–1–7178; 1746. A letter from the General Counsel, (The following Members (at the re- TN–MEM–149–3–9701; FRL–5669–3] received Department of Transportation, transmitting quest of Mr. HOEKSTRA) and to include February 7, 1997, pursuant to 5 U.S.C. the Department’s final rule—Safety Zone extraneous matter:) 801(a)(1)(A); to the Committee on Commerce. Regulations: Southeast end of Vieques Is- Mr. ROGERS in two instances. 1736. A letter from the Director of the Of- land, PR (U.S. Coast Guard) [COTP San Juan Mr. DICKEY. fice of Regulatory Management and Informa- 96–077] (RIN: 2115–AA97) received February 4, Mr. GOSS in two instances. tion, Environmental Protection Agency, 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the Mr. GILMAN. transmitting the Agency’s final rule—Modi- Committee on Transportation and Infra- fication of the Ozone Monitoring Season; Mr. RAMSTAD. structure. Alabama, Georgia, and Mississippi [FRL– f Mr. LIVINGSTON in two instances. 5683–4] received February 7, 1997, pursuant to (The following Members (at the re- 5 U.S.C. 801(a)(1)(A); to the Committee on REPORTS OF COMMITTEES ON quest of Mr. OWENS) and to include ex- Commerce. PUBLIC BILLS AND RESOLUTIONS traneous matter:) 1737. A letter from the Director, Office of Under clause 2 of rule XIII, reports of Mr. COBLE. Regulatory Management and Information, Mr. HAMILTON. Environmental Protection Agency, transmit- committees were delivered to the Clerk Mr. SMITH of New Jersey. ting the Agency’s final rule—Clean Air Ap- for printing and reference to the proper proval and Promulgation of Carbon Mon- Ms. ROS-LEHTINEN. calendar, as follows: oxide Implementation Plan for the State of Mr. GOSS: Committee on Rules. House Mr. GILMAN. Alaska: Anchorage and Fairbanks Emission Mr. SANDERS. Resolution 46. Resolution providing for the Inventory (FRL 5686–2) received February 6, consideration of the bill (H.R. 581) to amend Mr. TOWNS. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the the Public Law 104–208 to provide that the Ms. WOOLSEY. Committee on Commerce. President may make funds appropriated for Mr. HOUGHTON. 1738. A letter from the Director, Office of population planning and other population as- Ms. DUNN. Regulatory Management and Information, sistance available on March 1, 1997, subject Mr. FRELINGHUYSEN. Environmental Protection Agency, transmit- to restrictions on assistance to foreign orga- (The following Members (at the re- ting the Agency’s final rule—Approval and nizations that perform or actively promote Promulgation of Implementation Plans; In- quest of Mr. ROHRABACHER) and to in- abortions (Rept. 105–3). Referred to the diana (FRL 5678–5) received February 6, 1997, House Calendar. clude extraneous material:) pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Mr. GALLEGLY. Mr. SOLOMON: Committee on Rules. mittee on Commerce. House Resolution 47. Resolution providing Mr. BAKER. 1739. A letter from the Director of the Of- for consideration of the joint resolution (H.J. fice of Congressional Affairs, Nuclear Regu- Mr. CASTLE. Res. 2) proposing an amendment to the Con- latory Commission, transmitting the Com- Mr. HILLIARD. stitution of the United States with respect mission’s final rule—Changes in the Operator f to the number of terms of office of Members Licensing Program [NRC Generic Letter 95– of the Senate and the House of Representa- 06, Supplement 1] received February 6, 1997, ADJOURNMENT tives (Rept. 105–4). Referred to the House pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Calendar. Mr. ROHRABACHER. Mr. Speaker, I mittee on Commerce. move that the House do now adjourn. 1740. A letter from the Senior Attorney, f The motion was agreed to; accord- United States Copyright Office, transmitting PUBLIC BILLS AND RESOLUTIONS ingly (at 6 o’clock and 30 minutes a report of activities under the Freedom of p.m.), under its previous order, the Information Act for the calendar year 1996, Under clause 5 of rule X and clause 4 House adjourned until tomorrow, pursuant to 5 U.S.C. 552(d); to the Committee of rule XXII, public bills and resolu- Wednesday, February 12, 1997, at 10 on Government Reform and Oversight. tions were introduced and severally re- 1741. A letter from the General Counsel, ferred as follows: a.m. Department of Transportation, transmitting f the Department’s final rule—Reemployment By Ms. ROS-LEHTINEN (for herself and Mr. DIAZ-BALART): EXECUTIVE COMMUNICATIONS, Rights of Certain Merchant Seamen (Mari- time Administration) [Docket No. R 169] H.R. 666. A bill to amend the Personal Re- ETC. (RIN: 2133–AB28) received February 4, 1997, sponsibility and Work Opportunity Rec- Under clause 2 of rule XXIV, execu- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- onciliation Act of 1996 relating to welfare tive communications were taken from mittee on Transportation and Infrastruc- and public benefits for aliens; to the Com- ture. mittee on Ways and Means, and in addition the Speaker’s table and referred as fol- to the Committee on Agriculture, for a pe- lows: 1742. A letter from the General Counsel, Department of Transportation, transmitting riod to be subsequently determined by the 1732. A letter from the Director, Office of the Department’s final rule—Operational Speaker, in each case for consideration of Regulatory Management and Information, Measures to Reduce Oil Spills from Existing such provisions as fall within the jurisdic- Environmental Protection Agency, transmit- Tank Vessels Without Double Hulls (U.S. tion of the committee concerned. ting the Agency’s final rule—Glufosinate Coast Guard) [CGD 91–045] (RIN: 2115–AE01) By Mr. DIAZ-BALART (for himself and Ammonium; Tolerances for Residues (FRL received February 4, 1997, pursuant to 5 Ms. ROS-LEHTINEN): 5585–8) received February 6, 1997, pursuant to U.S.C. 801(a)(1)(A); to the Committee on H.R. 667. A bill to amend the Personal Re- 5 U.S.C. 801(a)(1)(A); to the Committee on Transportation and Infrastructure. sponsibility and Work Opportunity Rec- Agriculture. 1743. A letter from the General Counsel, onciliation Act of 1996 to provide for an ex- 1733. A letter from the Acting General Department of Transportation, transmitting ception to limited eligibility for SSI and Counsel, Department of Housing and Urban the Department’s final rule—Special Local food stamps for totally and permanently dis- Development, transmitting the Depart- Regulations; Hillsborough Bay; Tampa, FL abled permanent resident aliens; to the Com- ment’s ‘‘Major’’ final rule—Sale of HUD–Held (U.S. Coast Guard) [CGD07–96–074] (RIN: 2115– mittee on Ways and Means, and in addition Single Family Mortgages [Docket No. FR– AE46) received February 4, 1997, pursuant to to the Committee on Agriculture, for a pe- 3814–F–04] (RIN: 2502–AG42) received Feb- 5 U.S.C. 801(a)(1)(A); to the Committee on riod to be subsequently determined by the ruary 6, 1997, pursuant to 5 U.S.C. Transportation and Infrastructure. Speaker, in each case for consideration of 801(a)(1)(A); to the Committee on Banking 1744. A letter from the General Counsel, such provisions as fall within the jurisdic- and Financial Services. Department of Transportation, transmitting tion of the committee concerned. 1734. A letter from the Director of the Of- the Department’s final rule—Drawbridge Op- By Mr. ARCHER: fice of Regulatory Management and Informa- eration Regulations; Atlantic Intracoastal H.R. 668. A bill to amend the Internal Rev- tion, Environmental Protection Agency, Waterway, FL (U.S. Coast Guard) [CGD07–96– enue Code of 1986 to reinstate the airport and transmitting the Agency’s final rule—Ap- 054] (RIN: 2115–AE47) received February 4, airway trust fund excise taxes, and for other proval and Promulgation of Implementation 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the purposes; to the Committee on Ways and Plans; Hamilton County, Tennessee [TN–178– Committee on Transportation and Infra- Means. 1–9707a; FRL–5682–9] received February 7, structure. By Mr. BAKER (for himself, Mr. 1997, pursuant to 5 U.S.C. 801(a)(1)(A); to the 1745. A letter from the General Counsel, MCCOLLUM, Mr. DREIER, Mr. LA- Committee on Commerce. Department of Transportation, transmitting FALCE, and Mr. FLAKE): 1735. A letter from the Director of the Of- the Department’s final rule—Facilities H.R. 669. A bill to enhance competition in fice of Regulatory Management and Informa- Transferring Oil or Hazardous Materials in the financial services sector, and for other H452 CONGRESSIONAL RECORD — HOUSE February 11, 1997 purposes; to the Committee on Banking and SERRANO, Mr. KLECZKA, Mr. OLVER, Mr. MCHUGH, Mr. MCINTOSH, Ms. Financial Services, and in addition to the and Mr. SANDERS): MOLINARI, Mrs. MYRICK, Mr. NEY, Mr. Committee on Commerce, for a period to be H.R. 676. A bill to amend title XVIII of the NETHERCUTT, Mr. NORWOOD, Mr. subsequently determined by the Speaker, in Social Security Act to limit the penalty for PACKARD, Mr. PARKER, Mr. PETRI, Mr. each case for consideration of such provi- late enrollment under the Medicare Program RADANOVICH, Mr. ROHRABACHER, Mr. sions as fall within the jurisdiction of the to 10 percent and twice the period of no en- SHADEGG, Mr. SKEEN, Mr. committee concerned. rollment; to the Committee on Commerce, SNOWBARGER, and Mr. WALSH): By Mr. BARRETT of Nebraska: and in addition to the Committee on Ways H.R. 683. A bill to amend the Internal Rev- H.R. 670. A bill to amend title 49, United and Means, for a period to be subsequently enue Code of 1986 to increase the unified es- States Code, to permit States to impose fees determined by the Speaker, in each case for tate and gift tax credit to an amount equiva- to finance programs for providing air serv- consideration of such provisions as fall with- lent to a $1,200,000 exemption; to the Com- ices to small communities; to the Committee in the jurisdiction of the committee con- mittee on Ways and Means. on Transportation and Infrastructure. cerned. By Mrs. MINK of Hawaii: By Mr. BARRETT of Wisconsin (for By Mr. FRELINGHUYSEN (for himself, H.R. 684. A bill to amend the Internal Rev- himself, Mr. KLECZKA, Mr. FRANK of Mr. BASS, and Mr. FRANKS of New enue Code of 1986 to clarify the treatment of Massachusetts, Mr. PETRI, Mr. Jersey): funeral trusts; to the Committee on Ways ROHRABACHER, Mr. HINCHEY, Mr. BE- H.R. 677. A bill to amend the Tennessee and Means. REUTER, Mr. SANDERS, Mr. Valley Authority Act of 1933 to provide that By Mr. OLVER (for himself, Mr. SABO, GUTIERREZ, MR. FOGLIETTA, and Mr. no funds are authorized to be appropriated to Mr. CONYERS, Mr. DELLUMS, Mr. LUTHER): carry out that act; to the Committee on FRANK of Massachusetts, Mr. H.R. 671. A bill to prohibit the use of cer- Transportation and Infrastructure. GUTIERREZ, Mr. HASTINGS of Florida, tain assistance provided under the Housing By Mr. GILLMOR (for himself, Mr. Mr. HINCHEY, Mr. NADLER, Mr. MAR- and Community Development Act of 1974 and BONIOR, Mr. DINGELL, Mr. GOSS, Mr. TINEZ, Mr. MCDERMOTT, and Mr. the Housing and Community Development PALLONE, Mr. PAYNE, Mr. LAMPSON, SANDERS): H.R. 685. A bill to amend the Fair Labor Act of 1992 for employment relocation activi- Mr. LATOURETTE, Mr. NEY, Mr. Standards Act of 1938 to raise the minimum ties; to the Committee on Banking and Fi- PORTMAN, Mr. OXLEY, Mr. REGULA, wage; to the Committee on Education and nancial Services. Mr. SAWYER, Mr. HALL of Ohio, Mr. the Workforce. By Mr. COBLE: TRAFICANT, Mr. KASICH, Mr. HOBSON, By Mr. RAMSTAD (for himself, Mr. H.R. 672. A bill to make technical amend- Mr. KILDEE, Mr. LEVIN, Ms. RIVERS, OBERSTAR, Mr. VENTO, Mr. RAHALL, ments to certain provisions of title 17, Unit- Mr. CONYERS, Mr. DAVIS of Virginia, Mr. SABO, Mr. MANTON, Ms. SLAUGH- ed States Code; to the Committee on the Ju- Mr. FROST, Ms. NORTON, Ms. TER, Mr. EWING, Mr. PASTOR, Mr. diciary. DELAURO, Mr. SABO, Mr. TOWNS, Mr. BARRETT of Wisconsin, Mr. MINGE, H.R. 673. A bill to provide for the extension HORN, Mr. BERMAN, Mr. SAXTON, Mr. Mr. LUTHER, Mr. GUTKNECHT, and Mr. of surcharges on patent fees; to the Commit- LIPINSKI, Mr. BARCIA of Michigan, CAMPBELL): tee on the Judiciary. Mr. ACKERMAN, Mr. STEARNS, Mr. By Mr. DELAY (for himself, Mr. H.R. 686. A bill to extend certain Medicare HASTERT, Mr. GOODLATTE, Mr. AN- community nursing organization demonstra- CONDIT, Mr. GINGRICH, Mr. DREWS, Mr. BORSKI, Mrs. THURMAN, tion projects; to the Committee on Ways and HOSTETTLER, Ms. BROWN of Florida, Mr. SHAYS, Mrs. JOHNSON of Con- Means, and in addition to the Committee on Mr. BUYER, Mr. COBLE, Mr. WOLF, Mr. necticut, Mrs. CLAYTON, Mr. KING of Commerce, for a period to be subsequently DICKEY, Mr. NORWOOD, Mr. BURTON of New York, Mr. SMITH of Michigan, determined by the Speaker, in each case for Indiana, Mr. HAMILTON, Mr. Mr. FRANK of Massachusetts, and Ms. consideration of such provisions as fall with- THORNBERRY, Mr. TANNER, Mr. STABENOW): in the jurisdiction of the committee con- GOODE, Mr. MCCOLLUM, Mr. BATEMAN, H.R. 678. A bill to require the Secretary of cerned. Mrs. CARSON, Mr. MCINTYRE, Mr. the Treasury to mint coins in commemora- By Mr. SABO (for himself, Mr. CON- MCINTOSH, Mr. SENSENBRENNER, Mr. tion of the sesquicentennial of the birth of YERS, Mr. OLVER, Ms. NORTON, Mr. ORTIZ, Mr. BONILLA, Mr. SALMON, Ms. Thomas Alva Edison, to redesign the half HINCHEY, Mr. SANDERS, Mr. TOWNS, EDDIE BERNICE JOHNSON of Texas, Mr. dollar circulating coin for 1997 to commemo- Mr. MARTINEZ, Mr. VENTO, Ms. STEARNS, Mr. GOODLATTE, Mrs. FOWL- rate Thomas Edison, and for other purposes; VELAZQUEZ, and Ms. MCKINNEY): ER, Mr. SOUDER, Mr. PARKER, Mr. to the Committee on Banking and Financial H.R. 687. A bill to amend the Internal Rev- SAM JOHNSON, Mr. LEWIS of Ken- Services. enue Code of 1986 to deny employers a deduc- tucky, Mr. DUNCAN, Mr. BRYANT, Mr. By Mr. HAMILTON (for himself, Mr. tion for payments of excessive compensa- DEAL of Georgia, Mrs. MEEK of Flor- LEWIS of Kentucky, Mr. WHITFIELD, tion; to the Committee on Ways and Means. ida, Mr. STENHOLM, Mr. SANDLIN, Mr. Mr. GORDON, Mrs. NORTHUP, and Mr. By Mr. DAN SCHAEFER of Colorado CANADY of Florida, Mr. BURR of MCINTOSH): (for himself, Mr. STUPAK, Mr. OXLEY, North Carolina, Mr. FROST, Mr. ROE- H.R. 679. A bill to amend the Clean Air Act Mr. NORWOOD, Mr. BURR of North MER, Mr. EDWARDS, Mrs. NORTHUP, to exclude beverage alcohol compounds emit- Carolina, Mr. LIVINGSTON, Mr. Mr. TAYLOR of North Carolina, Mr. ted from aging warehouses from the defini- MCHUGH, Mr. SKEEN, Ms. NORTON, Mr. ARCHER, Mr. PICKETT, Mr. BENTSEN, tion of volatile organic compounds; to the BEREUTER, Ms. CHRISTIAN-GREEN, Mr. Mr. SESSIONS, Mr. COMBEST, Mr. Committee on Commerce. NETHERCUTT, Mr. BACHUS, Mr. KLUG, PEASE, Mr. TURNER, Mr. HASTINGS of By Mr. HAMILTON: Mr. PARKER, Mr. GRAHAM, Mr. DEAL Florida, Mr. HINOJOSA, Mr. HEFNER, H.R. 680. A bill to amend the Federal Prop- of Georgia, Mr. GILLMOR, Ms. RIVERS, Mr. SISISKY, Mr. CRAMER, Mr. GOSS, erty and Administrative Services Act of 1949 Mr. TAYLOR of North Carolina, Mr. Mr. SCOTT, Mr. CALLAHAN, Mr. to authorize the transfer to States of surplus MCINTOSH, Mr. DOYLE, Mr. LAFALCE, BALLENGER, Mr. EVERETT, Mr. BAR- personal property for donation to nonprofit Mrs. MYRICK, Mr. GEKAS, Mrs. TON of Texas, Mr. SMITH of Texas, Mr. providers of necessaries to impoverished THURMAN, Mr. WATKINS, Mr. LUCAS of MICA, Mr. JONES, Mr. BRADY, Mr. families and individuals; to the Committee Oklahoma, Mr. HEFLEY, Mr. PORTER, LUCAS of Oklahoma, Mr. WHITFIELD, on Government Reform and Oversight. Mr. MCDADE, Mr. CANADY of Florida, Mr. JOHN, Mr. BAESLER, Mr. HALL of By Mr. HYDE (for himself, Mr. COBLE, Mr. DOOLEY of California, Mr. Texas, Mr. ETHERIDGE, Mr. PRICE of and Mr. ROGAN): EHLERS, Mr. SPRATT, Mr. HILLEARY, North Carolina, Ms. JACKSON-LEE, H.R. 681. A bill to designate the U.S. Post Mr. BOB SCHAFFER of Colorado, Mr. Mrs. MYRICK, Mr. WATTS of Okla- Office building located at 313 East Broadway KANJORSKI, Mr. CRAPO, Mr. TAUZIN, homa, and Mr. HULSHOF): in Glendale, CA, as the ‘‘Carlos J. Moorhead and Mr. MCCRERY): H.R. 674. A bill to authorize funds for con- Post Office Building’’; to the Committee on H.R. 688. A bill to amend the Solid Waste struction of highways, and for other pur- Government Reform and Oversight. Disposal Act to require at least 85 percent of poses; to the Committee on Transportation By Mr. KOLBE: funds appropriated to the Environmental and Infrastructure. H.R. 682. A bill to authorize the Secretary Protection Agency from the leaking under- By Mr. FRANK of Massachusetts: of the Interior to assess up to $2 per person ground storage tank trust fund to be distrib- H.R. 675. A bill to amend the Higher Edu- visiting the Grand Canyon or other national uted to States for cooperative agreements cation Act of 1965 to clarify the authority of park to secure bonds for capital improve- for undertaking corrective action and for en- the Secretary of Education with respect to ments to the park, and for other purposes; to forcement of subtitle I of such act; to the eligibility standards for short-term edu- the Committee on Resources. Committee on Commerce, and in addition to cational programs; to the Committee on By Mr. LIVINGSTON (for himself, Mr. the Committee on Ways and Means, for a pe- Education and the Workforce. BAKER, Mrs. CHENOWETH, Mr. riod to be subsequently determined by the By Mr. FRANK of Massachusetts (for COOKSEY, Mr. ENGLISH of Pennsylva- Speaker, in each case for consideration of himself, Mr. RAHALL, Mr. GONZALEZ, nia, Mr. FORBES, Mr. FROST, Ms. such provisions as fall within the jurisdic- Mr. FILNER, Mr. DELLUMS, Mr. GRANGER, Mr. HAYWORTH, Mr. HOLD- tion of the committee concerned. UNDERWOOD, Mr. EVANS, Mr. WATT of EN, Mrs. KELLY, Mr. KNOLLENBERG, By Ms. SLAUGHTER (for herself, Mr. North Carolina, Mr. BORSKI, Mr. Mr. LATHAM, Mr. LEWIS of California, RANGEL, Mr. MCDERMOTT, Mr. February 11, 1997 CONGRESSIONAL RECORD — HOUSE H453

MCNULTY, and Mr. KENNEDY of Rhode between the ages of 40 and 49 for breast can- Kentucky, Mr. BAKER, Mr. PACKARD, Mr. Island): cer; to the Committee on Commerce. GILLMOR, Mr. PAPPAS, and Ms. MOLINARI. H.R. 689. A bill to amend title XVIII of the By Mr. GILMAN (for himself, Mr. HAM- H.R. 450: Mr. COLLINS, Mr. MEEHAN, Mr. Social Security Act to continue full-time ILTON, and Mr. MANZULLO): CHAMBLISS, Mr. CLEMENT, Mr. TALENT, Mr. equivalent resident reimbursement for an H. Res. 49. Resolution expressing apprecia- LEWIS of Kentucky, Mrs. THURMAN, Mr. additional 1 year under Medicare for direct tion for the life and service of Ambassador SMITH of Texas, Mr. BURTON of Indiana, and graduate medical education for residents en- Pamela C. Harriman; to the Committee on Ms. MCCARTHY of Missouri. rolled in combined approved primary care International Relations. H.R. 464: Mr. FALEOMAVAEGA. medical residency training programs; to the By Mr. STEARNS: H.R. 465: Mr. WYNN and Ms. GRANGER. Committee on Ways and Means, and in addi- H. Res. 50. Resolution expressing the sense H.R. 477: Mr. DAN SCHAEFER of Colorado. tion to the Committee on Commerce, for a of the House of Representatives that avi- H.R. 493: Mr. CASTLE, Mr. UNDERWOOD, Mr. period to be subsequently determined by the ators who meet the qualification standards GREENWOOD, Mr. CAPPS, Mr. FRELINGHUYSEN, Speaker, in each case for consideration of of the Air Forces Escape and Evasion Soci- and Mr. LEVIN. such provisions as fall within the jurisdic- ety should be granted recognition for meri- H.R. 495: Mr. WELLER. tion of the committee concerned. torious service by the Department of De- H.R. 498: Mr. MCGOVERN. By Mr. TRAFICANT: fense; to the Committee on National Secu- H.R. 500: Mr. KENNEDY of Rhode Island and H.R. 690. A bill to amend title 5, United rity. Mr. FILNER. States Code, to clarify that the Government f H.R. 539: Mr. TOWNS, Mr. MARTINEZ, Mr. in the Sunshine Act applies to the Federal FOGLIETTA, and Mr. FORD. Open Market Committee; to the Committee ADDITIONAL SPONSORS H.R. 554: Mr. WATTS of Oklahoma. on Government Reform and Oversight. Under clause 4 of rule XXII, sponsors H.R. 561: Mr. GREEN, Mr. SERRANO, Mr. H.R. 691. A bill to provide for a three-judge RUSH, Mr. DELLUMS, Mr. GONZALEZ, Ms. division of the court to determine whether were added to public bills and resolu- PELOSI, Mr. FROST, Mr. MORAN of Virginia, cases alleging breach of secret Government tions as follows: Mr. EVANS, Mr. FOGLIETTA, Mr. KENNEDY of contracts should be tried in court; to the H.R. 1: Ms. NORTON, Mr. CANADY of Florida, Rhode Island, Mr. FORD, and Ms. LOFGREN. Committee on the Judiciary. Mr. SKEEN, Mr. PEASE, and Mr. HASTERT. H.R. 612: Mr. MCGOVERN, Mr. BLAGOJEVICH, H.R. 692. A bill to amend the independent H.R. 14: Mr. SNOWBARGER, Mr. MANZULLO, Mr. WALSH, Mr. BOUCHER, Mr. EVANS, Mr. counsel provisions of title 28, United States Mr. STEARNS, Mr. CANADY of Florida, Mr. STEARNS, Mr. SAWYER, Mr. NEY, Mr. HOLDEN, Code, to authorize the appointment of an GORDON, Mr. BURR of North Carolina, Mr. Mr. HEFNER, Mr. FAZIO of California, Ms. independent counsel when the Attorney Gen- HOSTETTLER, Ms. MOLINARI, and Mr. FOLEY. PRYCE of Ohio, Mr. VENTO, and Mr. ACKER- eral determines that Department of Justice H.R. 41: Mr. TIAHRT, Mr. ROGERS, and Mr. MAN. employees have engaged in certain conduct; MCKEON. H.R. 615: Mr. FOGLIETTA. to the Committee on the Judiciary. H.R. 53: Mr. MARTINEZ, Mr. DELLUMS, Mr. H.R. 627: Mr. YOUNG of Alaska. By Mr. FRANKS of New Jersey: BROWN of California, Mr. GEJDENSON, Ms. H.R. 633: Mr. MORAN of Virginia. H.J. Res. 48. Joint resolution proposing an SLAUGHTER, Mr. EVANS, and Mr. CUMMINGS. H.R. 664: Mr. GEJDENSON. amendment to the Constitution of the Unit- H.R. 100: Mr. STUMP, Ms. ROYBAL-ALLARD, H.J. Res. 1: Mrs. EMERSON and Ms. PRYCE ed States; to the Committee on the Judici- Mrs. CLAYTON, and Ms. JACKSON-LEE. of Ohio. ary. H.R. 135: Mr. FORD, Mr. HEFNER, Mr. LIPIN- H.J. Res. 8: Mr. GUTIERREZ and Mr. By Mr. HUTCHINSON (for himself and SKI, Mr. OBEY, Mr. SHAYS, Mr. SKEEN, and COBURN. Mr. DICKEY): Mr. WEXLER. H.J. Res. 27: Mr. CLYBURN. H.J. Res. 49. Joint resolution proposing an H.R. 156: Mr. SHAW. H. Res. 22: Mrs. THURMAN, Mr. MCNULTY, amendment to the Constitution of the Unit- H.R. 157: Mr. GEKAS, Mrs. KELLY, and Mr. Mr. KLUG, Mr. SHERMAN, Mrs. LOWEY, and ed States; to the Committee on the Judici- TRAFICANT. Mr. ABERCROMBIE. ary. H.R. 158: Mr. BRYANT. H. Res. 23: Mrs. MYRICK, Mr. SCARBOROUGH, By Mr. POMEROY: H.R. 162: Mr. SENSENBRENNER. and Mr. COBURN. H.J. Res. 50. Joint resolution proposing an H.R. 163: Mr. PARKER, Mr. TAYLOR of North f amendment to the Constitution of the Unit- Carolina, Mr. BEREUTER, Mr. TALENT, MR. ed States to require a balanced budget; to ROHRABACHER, Mr. EHRLICH, and Mr. GOOD- AMENDMENTS the Committee on the Judiciary. LING. By Mr. HOUGHTON (for himself, Mr. H.R. 169: Mr. SHADEGG, Mr. TAYLOR of Mis- Under clause 6 of rule XXIII, pro- GALLEGLY, Mr. ACKERMAN, Mr. sissippi, Mr. WEXLER, and Ms. PRYCE of Ohio. posed amendments were submitted as BALLENGER, and Mr. GILMAN): H.R. 180: Mr. WEXLER and Mrs. THURMAN. follows: H. Con. Res. 18. Concurrent resolution con- H.R. 230: Mr. WELDON of Florida. H.J. RES. 2 gratulating the people of the Republic of H.R. 306: Mr. FOGLIETTA, Mr. HEFNER, and Nicaragua on the success of their democratic Mr. BOUCHER. OFFERED BY: MR. HUTCHINSON elections held on October 20, 1996; to the H.R. 337: Mr. MCGOVERN, Mr. DELLUMS, Mr. (Amendment in the Nature of Substitute) Committee on International Relations. TORRES, Mr. KILDEE, Ms. BROWN of Florida, AMENDMENT NO. 1: Strike all after the re- By Ms. WOOLSEY: Mr. DAVIS of Virginia, and Mr. MORAN of Vir- solving clause and insert the following: H. Con. Res. 19. Concurrent resolution ex- ginia. That the following article is proposed as an pressing the sense of the Congress that the H.R. 338: Mr. SCARBOROUGH. amendment to the Constitution of the Unit- German Government should investigate and H.R. 340: Mrs. MYRICK, Mr. SMITH of Michi- ed States, which shall be valid to all intents prosecute Dr. Hans Joachim Sewering for his gan, Mr. COBURN, and Mr. NORWOOD. and purposes as part of the Constitution war crimes of euthanasia committed during H.R. 343: Mr. ENGLISH of Pennsylvania. when ratified by the legislatures of three- World War II; to the Committee on Inter- H.R. 406: Mr. GEKAS, Mr. SHAW, and Mr. fourths of the several States: national Relations. SMITH of New Jersey. By Ms. DUNN of Washington (for her- H.R. 407: Mrs. MEEK of Florida, Ms. PELOSI, ‘‘CONGRESSIONAL TERM LIMITS AMENDMENT self, Mrs. MORELLA, Ms. MOLINARI, Mr. SANDERS, Mr. MATSUI, Ms. BROWN of ‘‘SECTION A. No person shall serve in the Mrs. MEEK of Florida, Mrs. FOWLER, Florida, Mr. FALEOMAVAEGA, and Mr. FRANK office of United States Representative for Ms. RIVERS, Ms. JACKSON-LEE, Ms. of Massachusetts. more than three terms, but upon ratification CHRISTIAN-GREEN, Mrs. CARSON, Mrs. H.R. 410: Mr. GOODE. of the Congressional Term Limits Amend- KELLY, Mr. MCCOLLUM, Mr. BURTON H.R. 411: Mr. CUMMINGS, Mr. DEFAZIO, Ms. ment no person who has held the office of of Indiana, Mr. MCDERMOTT, Ms. LOFGREN, MS. FURSE, Mr. DIXON, and Ms. United States Representative or who then BROWN of Florida, Mr. FOLEY, Mr. PELOSI. holds the office shall serve for more than two FROST, Ms. STABENOW, Mr. SESSIONS, H.R. 418: Mr. KENNEDY of Rhode Island, Mr. additional terms. Ms. DEGETTE, Mr. KING of New York, SMITH of New Jersey, Ms. STABENOW, Mr. ‘‘SECTION B. No person shall serve in the Mrs. EMERSON, Mr. LOBIONDO, Mr. BARCIA of Michigan, Mr. GONZALEZ, Mr. BOU- office of United States Senator for more ROTHMAN, Mr. MARTINEZ, Mr. MCGOV- CHER, Mr. MEEHAN, Mrs. MEEK of Florida, Mr. than two terms, but upon ratification of the ERN, Ms. GRANGER, Mrs. ROUKEMA, EVANS, Mr. SAXTON, Mrs. KELLY, Ms. BROWN Congressional Term Limits Amendment no Ms. PRYCE of Ohio, Mr. NETHERCUTT, of Florida, Mr. FOLEY, Mr. ROMERO-BARCELO, person who has held the office of United and Mr. RAMSTAD): Mr. UNDERWOOD, and Mr. WOLF. States Senator or who then holds the office H. Res. 48. Resolution expressing the sense H.R. 420: Ms. ESHOO. shall serve more than one additional term. of the House of Representatives concerning H.R. 443: Ms. NORTON, Mr. DELLUMS, Mr. ‘‘SECTION C. This article shall have no time the need for further studies and accurate RUSH, and Mr. WEYGAND. limit within which it must be ratified by the guidelines regarding the use of mammo- H.R. 446: Mr. SHIMKUS, Mr. BILBRAY, Mr. legislatures of three-fourths of the several grams and other technology to screen women CUNNINGHAM, Mr. BLUNT, Mr. BUNNING of states.’’. 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, FEBRUARY 11, 1997 No. 17 Senate The Senate met at 2:15 p.m., and was sideration of Senate Joint Resolution Resolution 1, which the clerk will re- called to order by the President pro 1, the constitutional amendment re- port. tempore [Mr. THURMOND]. quiring a balanced budget. By unani- The legislative clerk read as follows: mous consent, there will be 60 minutes A joint resolution (S.J. Res. 1) proposing PRAYER remaining for debate on Senator an amendment to the Constitution of the The Chaplain, Dr. Lloyd John WELLSTONE’s amendment No. 3. Sen- United States to require a balanced budget. Ogilvie, offered the following prayer: ators can expect a rollcall vote on or in The Senate resumed consideration of Eternal Father, You have told us relation to that Wellstone amendment the joint resolution. that the things we can see are tem- at approximately 3:15 today, if all de- Pending: porary, but the things which are un- bate time is used. Wellstone amendment No. 3, to state the seen are eternal. We confess that what policy of the United States that, in achiev- Following that vote, it is my hope we ing a balanced budget, Federal outlays is seen captivates our attention. It is will be able to begin consideration of easy to get lost in the labyrinth of should not be reduced in a manner that dis- the nomination of BILL RICHARDSON to proportionately affects outlays for edu- life’s enigmas. The media constantly be the U.N. Ambassador. The Foreign cation, nutrition, and health programs for remind us of violence and vandalism, Relations Committee will be reporting poor children. crimes and conflicts, and the spin we out that nomination this afternoon, AMENDMENT NO. 3 put on sin. Sometimes, the things and we will attempt to reach an agree- The PRESIDING OFFICER. Under which are seen blur our vision of the ment limiting debate to approximately the previous order, there will now be 60 unseen, but indefatigable movement of 20 minutes equally divided but we will, minutes for debate, to be equally di- Your Spirit in people and cir- of course, wait until the committee has vided in the usual form, prior to a vote cumstances. You call us to experience officially reported it and then bring it on or in relation to the Wellstone the things which are unseen: Your eter- up as shortly thereafter as possible. amendment No. 3. nal presence, the power of love, the Following that vote, we will continue Mr. WELLSTONE addressed the healing of forgiveness, and Your guid- debate on the balanced budget amend- Chair. ance of leaders who open their minds to The PRESIDING OFFICER. The Sen- ment, and it is my understanding that You. ator from Minnesota. In the on-going drama of secular life Senator REID will be prepared to offer Mr. WELLSTONE. Mr. President, with all its sinister and alarming possi- his amendment relative to Social Secu- yesterday I had a chance to speak for bilities, also help us to see what You rity. The amendment will be debated some time about this amendment and are doing to change people and enable today and tomorrow, and we hope to then Senator HATCH and I had a very them to change government and our set a vote on or in relation to the Reid honest exchange of views. Let me one society. We are not asking for a sim- amendment for tomorrow, late in the more time just make clear to col- plistic, ‘‘God is in His heaven and all is afternoon, probably around 5:30 or so. leagues what this amendment says. right with the world’’ nostrum. Rather, But we have to get a final agreement This amendment says that if we are we need an ‘‘All is not right with the on the exact time. All Senators will be going to make a commitment by way world but lo I am with you always,’’ notified as the votes are scheduled. of a constitutional amendment to bal- cure for our deepest needs. I thank my colleagues for their co- ance the budget, then we go on record Now it dawns on us with full force; operation as we approach the Presi- that the Federal outlays, as we do this, only Your invisible power can trans- dents Day recess. should not be reduced in a manner that form our intractable problems. We Mr. President, I yield the floor. disproportionately affects outlays for yield ourselves to be agents of Your f education, nutrition, and health pro- visible impact on our Nation at this RESERVATION OF LEADER TIME grams for poor children. strategic time of history. In the name Yesterday my colleague, Senator of our Lord and Savior. Amen. The PRESIDING OFFICER (Mr. HATCH, said I was asking for an exemp- f COATS). Under the previous order, the tion. There is no request for an exemp- leadership time is reserved. tion. This is just simply a request for RECOGNITION OF THE MAJORITY f fairness, and it just simply says let us LEADER not lock ourselves into a very harsh set BALANCED BUDGET AMENDMENT The PRESIDENT pro tempore. The of priorities. able majority leader is recognized. TO THE CONSTITUTION I also pointed out yesterday that in SCHEDULE The PRESIDING OFFICER. Under the last Congress, 93 percent of the Mr. LOTT. Mr. President, today the the previous order, the Senate will now cuts in entitlement programs were en- Senate will immediately resume con- resume consideration of Senate Joint titlement programs that affected poor

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

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VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1204 CONGRESSIONAL RECORD — SENATE February 11, 1997 people in America, too many of them The PRESIDING OFFICER. The Sen- I retain the remainder of my time. poor children. I also cited the Com- ator from Utah is recognized on his The PRESIDING OFFICER. The Sen- mittee on Economic Development, rep- own time. ator from Minnesota. resenting really some of the largest Mr. HATCH. Mr. President, the Sen- Mr. WELLSTONE. Mr. President, I corporations in America, saying that ator indicated he would like 100 people appreciate the comments of the Sen- what we did last time, last Congress, to vote for his amendment. I will make ator from Utah. Actually, the language was really disproportionate and really a suggestion to the Senator, and that of this amendment is constitutional. It not based on a standard of fairness, be- is, amend your amendment to put it in is designed that way. If there is going cause we cut a lot of programs that a sense-of-the-Senate resolution form, to be a constitutional amendment to were important to the nutrition and and I will work to get you 100 votes. balance the budget, I say to my good health care and educational status of But we are talking about amending the friend from Utah—and he has taken the children. Constitution with language that really leadership on this, he absolutely be- I also quoted from the Concord Coali- clutters up the Constitution with lan- lieves in it—if that is the direction we tion, which has been a driving force for guage that should not be in the bal- go in, then it is quite appropriate for our balancing the budget, taking the anced budget amendment. me to have an amendment to this same position. I also quoted from an If the Senator will do that, I will amendment to make sure that we do editorial yesterday in the Washington work to get him 100 votes in the Sen- not lock ourselves into some very Post. ate, because nobody wants to treat harsh and distorted priorities. I think the most important thing children or children’s programs dis- I tried the route of a sense of the that I did yesterday, though, Mr. Presi- proportionately, but it is not constitu- Senate last Congress, and actually I dent—and I would like to start this tional language, and it should not be in lost a couple of times on a sense of the way today, and then develop these the Constitution. I have to be opposed Senate that we would not take any ac- points, and then listen very respect- to it, and I hope most of our fellow tion to create more hunger, malnutri- fully to my colleague from Utah, and Senators will be opposed to it. Nobody tion, and poverty among children. Fi- then respond to some of what he has to is opposed to children. nally, it was adopted on a voice vote. I say—was to try to translate this debate I think that would be a reasonable wish there had been a recorded vote. into human terms. Yesterday, my col- way of resolving this. Put it in a sense- Then I think we went ahead and, in league from Utah said, and I appre- of-the-Senate resolution, so it is not fact, passed some legislation or provi- ciated it, ‘‘You know, I don’t agree incorporated in the Constitution, as a sions of some legislation that is going sense-of-the-Congress resolution in the with Senator WELLSTONE but he is very to create that. sincere in his conviction.’’ And I appre- Congress. It just is not the way we Mr. HATCH. If the Senator will yield. ciated that. That’s a tribute from an- should amend the Constitution of the Mr. WELLSTONE. If I could just fin- other Senator. United States. ish. I think this time around, given the As chairman of the Judiciary Com- track record of the last Congress and But this is really not about me. This mittee, I cannot let that happen, but if given the fact that the citizens that I is an amendment that I think is sub- the Senator will change and do that, I am trying to represent today—poor stantive, I think it is important, and I would be happy to go to a vote, and I children—do not seem to have much of wish there would be 100 votes for it. Be- would work my side of the floor to get a presence here, quite frankly, I do not cause the fact of the matter is, all too 100 people to vote to say we do not think a sense-of-the-Senate amend- often—and that was the record last want children’s programs to be treated ment does the job. Congress and I think it has been the disproportionately. Mr. HATCH. If the Senator will yield. record of too many Congresses—when I hope the Senator will consider this Mr. WELLSTONE. I will be pleased we come down to the nitty-gritty, to kind offer. It is a sincere offer. I share to yield on the Senator’s time. the point where the rubber meets the his viewpoint with regard to children. I Mr. HATCH. On my time. I have to road, we do deficit reduction based on think virtually everybody in here does. say that you did get a voice vote last the path of least political resistance. The fact of the matter is, though, that time, not a recorded vote. I am offering And usually, all too often, it is not the all items have to be on the budget if we you a recorded vote. I happen to be- special interests or heavy hitters or are going to have any kind of a bal- lieve sense-of-the-Senate resolutions well connected or big givers who are anced budget amendment work. I know mean a lot. But I certainly could not the ones that we target. And poor chil- the Senator is not going to vote for a accept this language as part of a bal- dren have been, with the exception of balanced budget amendment to the anced budget constitutional amend- some Senators, the Chair is one of Constitution no matter what we put ment. If for no other reason, what does them—you have shown a tremendous into it. Even if we accepted his amend- the term ‘‘disproportionate’’ mean? commitment to what we can do at a ment as part of the balanced budget Which programs have to be preferred neighborhood level, at a community amendment, he would not vote for it. above others? level, as has the Senator from Mis- That way, you are sending a message. There are a thousand programs we souri, by way of commitment to chil- That way, you would have your col- are talking about here. I know, because dren. leagues voting with you. Otherwise, I I worked with most all of them when I But all too often, poor children in think people who love and revere the was ranking member and chairman of America are faceless and voiceless in Constitution have to say this is not the the Labor and Human Resources Com- the U.S. Senate, and I just think that way you amend the Constitution; we mittee, on which the Senator from it is not at all inconsistent for Sen- should not put this language into a Minnesota now sits. ators—even if they are for this amend- constitutional amendment because it is I will get you the votes. I will work ment, to vote for the constitutional not constitutional. my side to try to get 100 of these people amendment to balance the budget—to Frankly, I suggest to my distin- to vote for it. I happen to believe when at least vote for this proposition. As a guished colleague, I would like to help Senators in this body vote for a sense- matter of fact, we are going to make it him do that if he wants to do that. If of-the-Senate resolution, it means clear we are going to do it on a stand- he doesn’t, then I have to oppose this something, especially if you get 100 ard of fairness, and we are not going to amendment, and I hope most Senators percent. I cannot guarantee it, but I disproportionately make cuts in pro- will oppose the amendment, because would work to get 100 percent. It would grams that so vitally affect the nutri- this type of language should not go be adopted, because I think virtually tional and the educational and the into the Constitution, because al- everybody here would like to have chil- health care status of children. though it is meaningful language, it is dren’s programs treated fairly. Mr. HATCH. Will the Senator yield not constitutional language, and it will The distinguished Senator makes a just for a second? not guarantee the children’s programs tremendous point. We treat seniors Mr. WELLSTONE. I will be pleased are going to be treated any differently very well. They get about 20 times the to yield on the time of the Senator than anything else under a balanced help from the Federal Government that from Utah. budget amendment. individual children get, and we are not

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1205 doing what we should do for children in trition, child care and how to take care irreducible that the most important our country. There are a lot of children of myself. I just didn’t have the money educational program for our country is in poverty who are in serious straits to. I knew that I needed to have a to make sure that every woman expect- who do not have the health care that healthy baby. I just did not know how ing a child has a diet rich in vitamins, they need. to get it.’’ minerals, and protein; otherwise, that On the other hand, the question is, WIC provided Marlene with vouchers child at birth may not have the same how do we best solve that problem? I to purchase the basics for a healthy chance as all of our children and grand- do not think you single it out, because baby—milk, cheese, eggs, et cetera. children have. And that is wrong. The once you do that in this amendment, To this day, I believe that the food from goodness of our country is for every there must be a thousand other things WIC saved me and my baby. Emotionally, I child to have that chance. that do not want to be treated dis- was so distraught and inept, I didn’t know if Mr. President, we do not even fully proportionately. I was coming or going. Thankfully for WIC, fund the Women, Infants, and Children for that part of my life, I could just go on Frankly, it just makes the amend- auto pilot. I knew that I was taking care of Program right now, a program for ment a nullity. I would be happy to my baby. I could go on with taking care of women during pregnancy, a program work for a significant up-or-down vote the rest of the issues I was facing. for infants, and a program for small for the Senator, no motion to table, up- It has been 10 years since Marlene re- children who, by definition, do not or-down vote if he would make it a ceived help from WIC. Now she works have enough income to be able to pur- sense-of-the-Senate resolution that full time and supports her children. chase the food to have an adequate does not go into this constitutional She says, diet. amendment. WIC was crucial for me. WIC was like a We know the WIC Program has made I yield the floor and reserve the re- bridge to help me go from being dependent an enormous difference. It saves us dol- mainder of my time. on someone to learning how to take care of lars. It enables children to have a head The PRESIDING OFFICER. The Sen- myself and my kids. It’s like they took care start. It enables children to go on and ator from Minnesota. of me so I could take care of the rest of my do well in school. We know all of that. Mr. WELLSTONE. I thank the Chair life. I cringe to think of how things would The only thing this amendment says is, and, again, I thank my colleague. I ap- have been without it. let us make a commitment if we are preciate his kind words. I know he is Mr. President, Danielle is 8 years old. going to balance this budget that in very sincere in the offer. Again, what She looks closer to 6. Though a spirited this constitutional amendment to bal- happened last time was we went ahead and cheerful little girl, Danielle strug- ance the budget we make a commit- and adopted an amendment saying we gles in life. She was born at a low birth ment we will not, as we move forward, would not take any action to create weight and has endured its effects. She disproportionately cut programs that more malnutrition, hunger, or poverty will for a long time. affect the nutritional status of chil- As with many children born at a low among children, and then we went dren. That is what this amendment is birth weight, she has a limited immu- ahead and did budget cuts that, in fact, all about. disproportionately affected poor people nity system and she catches a lot of It is not a sense-of-the-Senate colds and flus. She misses a lot of in America, many of them children. amendment. I do want to draw a line school. Like many children born at low Mr. President, I really do view this on this. I believe I should be able to get birth weight, it takes Danielle a bit amendment as a litmus test. I think I a strong vote for this. I do not think it longer to figure things out in school. do want to draw a line in the sand here. should be tabled. This is all about, as Says her teacher, ‘‘I see her little brain If Senators put children first, and Sen- we go forward with deficit reduction, trying to figure things out. She works ators believe we ought to invest in the who is going to decide and who is going hard and struggles. She’s always a few health and skills and intellect and to benefit, and who is going to be asked steps behind us.’’ While pregnant with character of our children, and Senators to sacrifice. understand—and they do—that what Danielle, her mother had no prenatal Are we going to decide, as we did last happens before kindergarten is so im- care or guidance. Congress, that we are going to dis- Every 2 minutes a baby is born to a portant, then I do not know why in the proportionately cut programs that af- woman, a mother who had no prenatal world we cannot make a commitment fect the quality of life for children, care in our country. Her diet of chips, that when it comes to programs like poor children in America? Who will de- fast food, soda, and candy did not Head Start and WIC and health care cide to cut the nutrition programs and change during the 81⁄2 months of preg- programs that affect poor children in whose children will be hurt? They will nancy. Danielle’s mother did not par- America, that we at least make a com- not be our children, but they are all of ticipate in the Women, Infants, and mitment that we not disproportion- God’s children. I think we all agree on Children Program. ately cut those programs. At 5, Danielle’s sister Alfrieda is that. As to which programs, listen, with a So I am really hopeful that I will get healthy and active. While pregnant lot of what is in this amendment, we support for this amendment. This is with Alfrieda, her mother participated are going to be writing implementing about values. We talk about values. in WIC. She had a healthy diet, check- language, that is all going to be made This is about values. This is about Min- ups, and guidance. When she gave specific. So I just do not think that cri- nesota values. birth, she then gave birth to a fit and tique really does any damage to this If you asked people, are they in favor strong baby. She named her after the amendment. I would like to speak, of a constitutional amendment to bal- WIC nurse who mentored her. again, about what is at stake. Says their mother: ance the budget, they say yes. I have Yesterday, I read from some exam- been in disagreement. I wish we would I see how Danielle is not all there * * * ples, just some stories of some families how she’s slow and kind of sick. They tell me separate the capital investment part of as we kind of reach out and talk to it is ’cause of how it was when I was preg- the budget from on operating budget. I people around the country, not just nant. I think they are right ’cause I really worry about it on political economic Minnesota. Marlene is a lot like many see a difference with my baby, Alfrieda. You grounds. But forgetting that, most peo- women. She went from her parent’s would not know that Danielle is older. ple say yes. But if you ask people, are home to her husband’s. With the excep- In one family, in the case of two sis- you in favor of balancing the budget by tion of a waitressing job in high school, ters, we see the impact and influence making cuts in educational programs she never had worked outside the that WIC has. Danielle will always be a or nutritional programs or health care home, and had no job skills. After 9 little behind, a little slow, and a little programs that affect children, they say years of marriage, Marlene’s husband weak. Alfrieda will always be a bit no. So I am hoping that this will not be left her with two children and pregnant smarter than her older sister, a bit tabled and that Senators will vote for with a third. ahead of her older sister, and a bit it. At 27, she found herself alone with no stronger than her older sister. One Arel is only 14 years old but has the job skills or means of support. With the small family and one big difference. responsibility of someone much older. help of a neighbor, she enrolled in her Mr. President, I said this yesterday, He has two sisters. Even though they local WIC Program. ‘‘I knew about nu- the medical evidence is irrefutable and are at the right age and eligible for

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1206 CONGRESSIONAL RECORD — SENATE February 11, 1997 Head Start, they do not participate be- Marcus stayed alone sometimes at Mr. HATCH. Mr. President, I appre- cause the program near their home is home while his grandmother worked. ciate my colleague from Minnesota. I full. I forget—I do not have the num- Marcus is conspicuously behind his believe he is devoted to children. But bers right before me—but something classmates. While his classmates scur- he is not alone. There are 99 others in like only 17 percent of the eligible 3- ry around the teacher to be read to, he this body who are devoted to children. year-olds are participating and only 40 had not yet held a book or ever been Frankly, children’s programs can com- percent of the eligible 4-year-olds are read to. While his classmates—I am pete very successfully with other pro- participating. Really, we should work going to repeat this—while his class- grams, just like Social Security can. Head Start back, Mr. President, to age mates scurry around the teacher to be To do a risky gimmick of putting this 1 and 2 as well. read to, he has not yet held a book or type of language into the Constitution, By the way, it should be decentral- ever been read to. like those who want to take Social Se- ized. This is a parent-participation pro- Marcus does not know how to write curity out of the Constitution, the pur- gram. It should happen at the local his name, nor can he recite the alpha- view of the balanced budget, I think level. It should happen at the neighbor- bet. In a phrase, Marcus is not part of would be highly risky and very, very hood level. It can be done through non- the culture of the school. Marcus’ dangerous. profits and it can be done through non- teacher is concerned and anxious about I was talking with the junior Senator governmental organizations. But when him. He is far behind his classmates, from Wyoming, Senator ENZI. He indi- we know something works, when we and she has little, if any, time to help cated to me, he said, you know, if you know these kinds of programs give him catch up. As each week progresses, use the language ‘‘not dispropor- children a head start, why can’t we he falls further behind and more frus- tionate,’’ which is what this language make a commitment that we will not trated. disproportionately cut these programs? Already Marcus hates school and is, it can force proportionate reduc- Because if we do not make that com- learning, counting the days until sum- tions in all parts of the budget in order mitment, I really fear that is what is mer vacation. He knows he is different. to comply with this amendment, be- going to happen. He knows he does not understand. But cause this would be an amendment to While we know how no Head Start he also knows there is not much he can this amendment to the Constitution. will affect Arel’s sisters, do we know do about it. The worst budgeting for kids could how it is going to affect Arel? Their Said his teacher: ‘‘I just don’t know come from across-the-board budget mother leaves for work as a bus driver what can be done for him. I know that cuts. That is how the courts could eas- at 4 a.m. She is working. This means he needs a lot of one-on-one attention ily interpret the amendment. Mr. Arel is responsible for the morning rit- and love, but I just don’t have the time President, for the information of every ual with his sisters. After he gets them or the resources. Every day, I feel him Senator, I have offered to give the Sen- fed and dressed, Arel puts one sister on slipping and, frankly, it breaks my ator an up-or-down vote on a true the handlebars of his bike and rides 5 heart. He is a good boy and a smart sense-of-the-Senate resolution saying miles to drop her off at affordable day boy. I feel as if he is being punished for the same thing which he did not get care. He returns home and gets his sec- what we did not do for him. I am wor- last year and which I will get him ond sister to drop her off. Since he can- ried that he will always hate school today, and I have offered to try to get not drop them off early, he is late for and suffer until he can leave. He tries him 100 percent of the Senators to vote school every day. so hard, sometimes,’’ says his teacher, for this so we would be on record as not Because of tardiness, he failed his ‘‘I want to cry.’’ wanting to have children’s programs first-period class twice. Though a tal- Mr. President, I do not want Senators reduced disproportionately. ented athlete and a popular kid, Arel to make this amendment out to be However, to put this into the Con- does not stay after school for any ac- what it is not. There is an amendment stitution is the wrong thing to do. This tivities. He would probably make the on the floor. It is a constitutional is not language that you would nor- football team. He is interested in amendment to balance the budget. This mally see in the Constitution. The track. He would love to be in a dance amendment says, as a part of that con- Wellstone amendment is not an appro- troupe. Instead, Arel gets on his bike, stitutional amendment to balance the priate amendment for inclusion in the rain or shine, to pick up his sisters one budget—if that is what we are going to Constitution. I want to point out to my at a time. I will not reveal to you what do—we make a commitment that we colleagues that the Wellstone amend- no Head Start means for his sisters. We are not going to disproportionately cut ment would place in the text of the know that. Unfortunately, so does programs that affect the educational Constitution itself a statement of ‘‘pol- their brother, a boy who has no child- and nutrition and health care status of icy.’’ I put policy in quotes because I hood. children. It is that simple. think there is a lot of room to disagree Finally, Mr. President, Marcus is a This is about values. This is about with the Senator. It would put a state- shy and quiet first-grader who finds fairness. I think we should make that ment of policy of the United States himself in the principal’s office for the commitment. I think we should make with regard to the budget priorities third time in a week. I gave this exam- that commitment. into the Constitution, the first time in ple yesterday. According to his teach- Mr. President, we can no longer give history to do that. Mr. President, I do er, Marcus is either overagitated, an- speeches about children and no longer not believe that it is appropriate to put noying other students in class, or list- have photo opportunities with children what is essentially a sense-of-the-Sen- less and disinterested in the class at unless we are willing—unless we are ate resolution in the actual text of the hand. Marcus does not usually know willing—to invest in the health and Constitution. That is why I am sug- what is happening in class and he does skills and intellect and character of gesting that our colleagues vote not know yet his colors, numbers, or our children. Mr. President, that in- against this amendment because that alphabet. cludes poor children, and that means is not what should be done. I believe Though many of his class attends a we are part of local communities, but that such a policy statement would ei- Head Start program and learns the ini- we are part of a national community. ther be surplusage or produce confu- tial steps toward understanding school The U.S. Senate ought to go on record sion and difficulties if it became part and learning, Marcus does not. He rep- that these are our priorities. These of the Constitution. resents 1 of the 1.2 million children poor children are a part of our prior- that, though eligible, could not partici- ities. That is appropriate, and it is the Now, the distinguished Senator from pate in Head Start when he was young- right thing to do. Minnesota sincerely said we are not er. The program near his home was Mr. President, how much time do I locking ourselves into a harsh set of full. Not only were they full, but there have left? priorities if we take this amendment. I was a year waiting list when Marcus’s The PRESIDING OFFICER. The Sen- think you are. Let me paraphrase that grandmother tried to sign him up. ator from Minnesota has 8 minutes, 25 better. He said if we take the amend- Though there was room at another pro- seconds. ment as it is we are locking ourselves gram, it was too far for his grand- Mr. WELLSTONE. Mr. President, I into a harsh set of priorities. I think it mother to take him. reserve the balance of my time. makes it more harsh if you put his

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1207 amendment in because, first of all, no- dering approximately $29,000 of that According to the CBO, interest on body knows what the word dispropor- burden. Just think about it. That is the debt will continue to rise substan- tionate means vis-a-vis constitutional nearly a 50-percent increase of his or tially over the next 5 years, to $412 bil- language or interpretation; and, sec- her debt burden in just 10 years. At lion by the year 2002. My gosh, that is ond, you are referring one item in the that rate, by the time a child grad- more than the total Federal budget budget for one group of people in the uated from college, he or she would was 20 years ago. That represents half Constitution over everybody else and owe in the neighborhood of $50,000 as of all projected individual income tax there are a lot of people in this country their share of the Nation’s debt. Now receipts for that year and nearly two who would like to not be treated in a that, in my view, is no way to send a times all corporate income taxes. By disproportionate way. So we are not young man or young woman into the 2007, the interest on the debt is pro- locking ourselves into a harsh set of world to make a living. As sincere as jected to reach a whopping $493 billion. priorities by having this balanced my good friend from Minnesota is, the That is just the interest we owe. That budget amendment passed. We are sim- fact is even if we accepted this amend- is not the debt. That $493 billion is just ply saying everything in the unified ment he would not vote for the bal- $50 billion shy of our entire discre- budget must be on the table. These pro- anced budget amendment, which is the tionary budget for the current fiscal grams for children are totally capable only hope of helping these young chil- year. of competing with all other programs dren in the future, the only hope of Mr. President, it is outrageous to me in the budget, as they should be. The stopping us from spending their future that we would consider subjecting our fact is we have to have everything on away and saddling them with an irre- children to a future where 50 percent of the table because we are going to hit sponsible debt burden. their hard-earned tax dollars would go some very, very difficult times in the Now our former colleague, Senator to service the debt incurred by us, future and it will be difficult to know Simon, who led the fight for a balanced their parents. Just think what we what to do to balance this budget. budget amendment on the Democrat could do for our children and our chil- As we begin today’s debate on Senate side for many years, shared with us the dren’s children if this money were Joint Resolution 1, I do welcome the words of another of our former col- available to be put to more productive discussion of this amendment, because leagues, Senator Cohen, now Secretary use. after all what this debate and the bal- of Defense, when he testified before the We have talked a lot about the WIC Program, Women, Infants, and Chil- anced budget amendment are all about Judiciary Committee a few weeks ago. dren Program. I know a lot about that. is the legacy we intend to pass on to Senator Cohen was at one time opposed As a newly elected conservative, one of our children and our children’s chil- to a balanced budget amendment. And my counties said they did not want dren. Unfortunately, as it stands today, I remember those days because I have WIC funds because they did not want the legacy is not one of health and been responsible for bringing every bal- anced budget amendment to the floor Federal Government strings. I thought prosperity, as has been the American WIC funds were pretty important be- tradition for the past two centuries; of the U.S. Senate from the first one right on up until today. After serving cause they helped lactating mothers to rather, the legacy we are imposing on be able to bring the best nutritional our children is one of fiscal servitude. in Congress for 18 years, Senator Cohen had this to say, and he was against it needs to their children, and even The debt, Mr. President, is a real though this was a county that really threat to our children’s future and to initially, but after 18 years, this is what he said: supported me I stood up and said I their well-being. think the WIC Program is a good pro- As I emphasized before, with our na- Today the ethic of self-sacrifice has been perversely inverted. Parents and grand- gram. Today, that county and the tional debt standing at $5.3 trillion and mothers that are poor benefit from going to $5.4 trillion, every child born parents borrow from their heirs so they might enjoy the comforts and pleasantries of that WIC Program. It is a highly effec- today is born into this world trapped the moment. The practice of handing our tive program and works to improve the into a $20,000 debt. This new baby owes children trillions of dollars of debt with lit- health of the mothers and the newborn $20,000—$20,000. Think about that for a tle more than a good luck wish can only be children, and also serves to reduce our minute. In essence, what we are doing considered an unconscionable and criminal Nation’s overall health care costs. I is handing every child who comes into act. have long supported the WIC Program, the world an unsolicited and Secretary Cohen is exactly right. as has just about every Senator. We are undeserved $20,000 liability. Unfortu- As I have repeatedly said, the mort- constantly struggling to come up with nately for our children, they are given gaging of our children’s future is noth- the money to fully fund participation nothing to show for that liability. ing short of fiscal child abuse and it in the WIC Program. With the $360 bil- Every one of the 28 years represented must end. lion we spend on interest on the debt by these unbalanced budgets, every one As a result of our failure to exhibit this year not only could we fully fund of those 28 years these unbalanced fiscal restraints in setting budget pri- participation in the WIC Program, we budgets in this pile, in all but one of orities our children are faced with not could afford to pay recipients nearly the last 36 years what we have done is only the looming burden of our enor- 100 times what they received last year. finance our own exorbitant spending mous debt but also with massive an- I could go through every program af- habits by mortgaging our children’s fu- nual interest payments required just to fecting children in our country today ture. In my view, this is taxation with- maintain the standard. This year we and we can talk about not allowing out representation in its purest form. will pay $360 billion in gross interest to them to be disproportionately reduced. What is worse, unlike you or me who service our existing debt. That means The best way to not allow children’s may take out a loan to buy a house or we will spend nearly $1 billion every programs to go down the drain is to a car and begin to pay that loan off, day of this year just on interest on the pass the balanced budget amendment not only do we not pay down any of our debt. Now to put this in perspective, if and put some fiscal responsibility into children’s debt, we continue to refi- we take just the net interest, meaning the Constitution, so we have to live nance and finance again our children’s we ignore interest paid by the Govern- within our means and we do not barter mortgages, adding more and more debt ment to the various trust funds and away our children’s future, we do not to pay for our own protracted fiscal ir- subtract interest income received by mortgage it away, so we have the responsibility. the Government, our annual interest money to be able to help children. Let me illustrate this point, Mr. payment would amount to $935 for These gimmicks that some on the President. According to the Congres- every man, woman, and child in Amer- other side want to put into the Con- sional Budget Office, by the time a ica. Just look at this. Interest on the stitution are dangerous. In the end, child born today is 5 years old, the na- national debt, we could pay $340 to they will wind up hurting children and tional debt would have risen to $6.8 every man, woman, and child in Utah not balancing the budget. The best trillion and his or her share of that every day. Think about it. That is in thing we can do for our country is to debt will have increased from $20,000 to my own State, and the interest on the get that budget balanced and keep it $24,000. By age 10, that debt will stand debt is the fastest growing item in the balanced and start paring down the na- at $8.5 trillion, with that child shoul- Federal budget. tional debt, as well. If we do not start

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1208 CONGRESSIONAL RECORD — SENATE February 11, 1997 doing that, we are going to pay the ment compensation, all health care savings. It is simply the real benefit price and it will be a heavy, heavy services, and pollution control and generated by the economy’s reaction to price. abatement—and still increase Medicare long-term balanced budgets. Mr. President, I am very concerned spending by 50 percent. Mr. President, it is time for us to about this because if we are going to Now obviously we cannot simply pay face reality. The single largest threat have a balanced budget amendment ev- off $5.3 trillion of debt and recoup our to our children’s well-being is not that erybody in the world knows and every- $360 billion in annual gross interest the Republicans and Democrats will be body in Congress knows this is it. This payments overnight. But, according to forced to live within their means when is the last chance. This has been devel- CBO, moving toward a balanced budget funding any given program. The real oped over 20 years. It is a balanced in 2002 would reduce projected net in- threat is that we will continue down budget amendment that has been de- terest costs by some $46 billion and im- the path of the last 66 years and mort- veloped by Democrats and Republicans. prove economic performance enough to gage our children’s future earnings to I do not believe any single person can produce a total fiscal dividend of $77 pay for what we consider to be spend- say they wrote it. It is an attempt by billion over the next 5 years. This rep- ing priorities today. If we do, our chil- all of us to get together and do what is resents real savings of nearly twice the dren will be left with no choice but to right. It is supported by an over- amount we spent on all food and nutri- cut the very programs my colleague is whelming majority in this body. Sixty- tion assistance programs last year, and talking about in ways that are un- eight people have guaranteed to their is nearly 10 times all earned income thinkable today, or drastically in- constituents they will vote for it. We tax credit payments for the past 10 crease taxes on every American family need 67. We should have one more than years combined. This is real savings we to pay for the continued existence of 67 if everybody lives up to their word. can bring about to benefit our children those important programs. The bal- Frankly, if we pass this balanced budg- now just by balancing the budget. anced budget amendment is the only et amendment, it has a very excellent But, if we continue to deficit spend, real assurance we have that our chil- chance of going through the House. as we have in all but 8 of the last 66 dren will not be forced to make those Head Start is another program we years, we will only continue to com- choices. have heard a lot about. I strongly sup- pound our existing debt, increasing the Now Mr. President, it doesn’t take a port the Head Start Program. As chair- interest payments necessary to service rocket scientist to figure out the solu- man and ranking member of the Labor that debt and further exacerbating the tion to this problem. In fact, Grant An- Committee, I was deeply involved in tax burdens our children will face in fu- derson, a 13-year-old young man in my fighting to provide increased author- ture years. According to OMB and CBO, home State of Utah, took the time to izations for Head Start, and I am proud such tax burdens may equate to a life- write a letter to me outlining how it of the fact that since I first came to time net tax rate of about 82 percent can be done. Let me share with my col- the Senate, the number of children for future generations in order to fi- leagues what he had to say: served by federally funded Head Start nance the cost of government at all programs has more than doubled. And levels. The 82 percent figure for our Dear Orrin Hatch, I think we have a huge problem with the national budget. I have the yet, given the budget constraints we children stands in stark contrast to the easiest way to fix it. Do you want to hear it? face, we are still working toward the 29 percent net tax rate for the genera- Okay. Stop buying things if you don’t have goal of fully funding the Head Start tion of Americans born in the 1920’s the money. Program—a result I believe every one and the 34.4 percent net tax rate for the That about says it all, Mr. President. of my colleagues favors. generation born in the 1960’s. If we could recoup just a small por- But the mammoth costs of financing It’s just that simple. Yet, without a tion of the money we will pay in inter- both the Government and our enor- balanced budget amendment, there ap- est on the debt this year, we could mous national debt are not the only pears to be no real end in sight to Con- fully fund Head Start in a heartbeat. burdens we are creating for our chil- gress’ abdication of its responsibility Not only could we fully fund the entire dren by not balancing the budget. We to people like Grant Anderson and to Head Start Program, including the new should also recognize the significant future generations. Head Start Program for infants and economic benefits that our children The fact is that after 4 years of de- toddlers that was established in 1994, stand to inherit from recurring bal- clining deficits we have not reduced with this year’s interest expenditures anced budgets, but which we are with- our staggering $5.3 trillion debt one we could increase Head Start funding holding from future generations by penny. We have only slowed the growth for every one of those children by more failing to exercise fiscal restraint in the national debt. More impor- than 10 times what we currently spend. today. tantly, as my Republican colleagues There are plenty of other important As CBO reaffirms in its January re- and I predicted would happen during programs we could improve if we were port, balancing the budget in 2002 and the debate on the President’s 1993 to free up the resources currently dedi- subsequent years will lead to increased budget package, CBO now predicts that cated to servicing the debt. In fact, real economic growth, reduced interest annual deficits will resume their up- with the money we will spend in gross rates, higher corporate profits, and in- ward climb beginning this year—from interest on the debt just this year, we creased revenues to the Federal Gov- an annual deficit of $124 billion in 1997, could cover the costs of all food and ernment. As a result, the Joint Eco- to $188 billion in 2002, and reaching a nutrition assistance programs, includ- nomic Committee has estimated that a near-record $278 billion in 2007. Even ing food stamps, for the last 14 years— typical middle class family could eas- OMB’s estimates from the President’s $346.9 billion. This same interest pay- ily save $1,500 each year; $1,500 every newly proposed budget, which predict ment would cover the costs of all pay- single year, Mr. President. That is like lower deficit totals than CBO, project ments for WIC and other supplemental a built-in $500-per-child tax credit for a that gross Federal debt will top $6.6 feeding programs, child nutrition and family of five—at no cost to the Gov- trillion, exceeding 66 percent of our milk programs, student assistance, and ernment—just for passing the balanced gross domestic product, by 2002. low income home energy assistance for budget amendment. I know a lot of Now I know that there are those who the last 20 years—$348.2 billion. families in Utah that could use an will say that we can solve this problem Even in the current fiscal year, as extra $1,500 each year to pay for food or without the constraints of a balanced this chart shows, with the money we clothing for their children, to pay for budget amendment—that Congress and will spend on gross interest payments, college tuition, to pay down credit card the President are committed to bal- we could afford to double projected debts, or even to take a vacation and ancing the budget and to putting an spending for elementary, secondary, spend time with their kids. end to the era of deficit spending. and vocational education, higher edu- Even a college student could save an While I can only pray that they are cation, research and general education estimated $120 each year on a $10,000 right, our history of deficit reduction aids, training and employment, hous- student loan if we were to pass the bal- efforts in Congress should give the ing assistance, food and nutrition as- anced budget amendment. And it is not American people reason to be skep- sistance, social services, unemploy- the Government that must pay for that tical.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1209 Since 1978 we have adopted no fewer the right priority choices. And I guar- If we do not make a commitment than five statutory regimes which antee my friend from Minnesota that that in balancing this budget we will promised to bring about balanced budg- ORRIN HATCH will be there with him not balance this budget on the backs of ets. Every single one of them has trying to help the children of this those children and we proceed to do failed. As this chart shows, time after country so that they don’t suffer a dis- what we did in the last Congress, which time statutory fixes have been met proportionate reduction in their pro- is disproportionately cut programs with increased deficits. In fact, nearly grams. And I do not think they will as that affect poor people and poor chil- 85 percent of our current national debt long as both he and I are here, and oth- dren in America, they don’t have any has accumulated while Congress has ers as well. future. What good does it do those chil- operated within statutory budget Mr. President, I reserve the remain- dren if we are going to balance the frameworks designed to ensure bal- der of my time. budget 6 years from now if we are going anced budgets. Now, we are told, things Mr. WELLSTONE addressed the to savage them right now? are different. But will they really be all Chair. This is all about values. And if my that different without the discipline of The PRESIDING OFFICER. The Sen- colleague means or is sincere—and he a constitutional amendment? ator from Minnesota. always is. I guess it is just an honest Mr. WELLSTONE. Mr. President, A quick look at the President’s budg- difference that we have—that surely we et shows that under his plan, we will when Senators vote on this they should not confuse two different issues. There are not going to make these cuts, that continue to have deficits that are high- is what we have done in the past be- er than last year’s budget deficit until is not anybody on the floor of the Sen- ate that I know of who is opposed to cause these children don’t hire the lob- the year 2000. Only in the last 2 years byists. They don’t march on Wash- of this budget do we see the dramatic balancing the budget. There are Sen- ators who oppose this amendment. ington every day, and one more time cuts necessary to bring us into balance. they are not the big givers. Maybe That’s right, Mr. President, a full 75 My colleague keeps talking about balancing the budget or passing the there is a connection with all that we percent of the deficit reduction are reading about money and politics. planned in President Clinton’s recent constitutional amendment to balance Mr. President, I ask all of my col- budget submission comes in the 2 years the budget is the best thing that we leagues whether you are against this after President Clinton leaves office. can do for our children. My amendment constitutional amendment to balance This is reminiscent to me of the 1985 speaks to the concerns and cir- the budget or whether you are for it to Gramm-Rudman-Hollings law, wherein cumstances of the lives of poor chil- vote for this amendment. It is all about we committed ourselves to balancing dren. Close to one out of every four fairness. We ought to go on record. We the budget by 1991, only to see the law children in America is poor. One out of ought to make it clear that in our ef- slowly amended, circumvented, and the every two children of color is poor. fort to balance the budget with a con- requirement for a balanced budget fi- Every 30 seconds a child is born into stitutional amendment—or the way I nally eliminated just 1 year prior to poverty in our country. Every 2 min- utes a child is born to a mother who prefer to do it, not a constitutional the year in which we were to achieve has had no prenatal care. Every 12 or 13 amendment—that we go on record that balance under the original law. While I commend the President for seconds a child drops out of school, we will not do what we have all too his avowed commitment to balancing many of them children from poor fami- often done in the past—unfortunately, the budget and appreciate the dedica- lies. And there is a higher correlation the evidence is clear—that we will not tion expressed by leaders of both polit- between high school dropout and wind- disproportionately cut the programs ical parties to reaching a balanced ing up in prison than there is between that benefit and affect the health and cigarette smoking and lung cancer. budget, I seriously doubt whether, the nutrition and education of chil- Mr. President, all too many of our without the weight of a constitutional dren. children are rushing into the arms of What is the definition? Just pick out requirement to balance the budget, we the police and not into parents’ arms, will achieve balance by 2002. Even if we the percentage of low-income programs or teachers’ arms. that are part of the entitlement pro- did—and I intend to work to that end— My colleague used the word ‘‘gim- there is nothing to prevent future Con- grams. Pick out the low-income pro- mick.’’ This is no gimmick. This is a grams for children that are part of the gresses from yielding to the political very serious amendment because for pressures that would lead to renewed discretionary spending. Pick out the these children they don’t have any fu- percentage, and in our overall cuts, deficit spending. We need a constitu- ture. How can you argue that a child tional amendment if we are truly com- don’t cut them any higher. It is simple. who is born severely underweight and It does not take a rocket scientist to mitted to solving this problem. damaged and who can’t do well in Mr. President, passing the balanced figure it out. Let us not weave and school is going to benefit by deficit re- dodge on this question. budget amendment, free of exemptions duction and balancing the budget 7 I hope that I can get a strong vote. It and loopholes that can be exploited by years from now? What about that child those who might not be fully dedicated right now? How can you argue that the is a difficult debate because the Sen- to balancing the budget, is the most 50 percent of children or the 60 percent ator from Utah is one of the Senators important thing we can do in this Con- of children who could be given a head whom I like the most and whom I re- gress to protect our children and the start but come to school without a spect the most. It is an honest dis- future generations that will follow. I head start not ready to learn are going agreement. urge my colleagues to join me in this to do well, if we do not make a com- But I hope Senators will vote for effort by supporting the balanced budg- mitment that we are going to invest in this. It is the right thing to do. This et amendment. If that happens, we will them? Balancing the budget 7 years does not say we are not going to bal- protect children like never before. To from now does not help those children ance the budget. This does not say we me that is worth it all. And in the end right now. should not do what the Senator from it will accomplish what the distin- There are 10 million children who Utah believes we should do. It just says guished Senator from Minnesota would have no health care coverage, most of that if we are going to lock ourselves like to do. But if we put amendments them from working poor families, into a constitutional amendment, or, if like this in everybody and their dog many of them with ear infections who we do not do that, we are still going to will be in here with some sort of a pro- have lost hearing; too many. Many make the commitment to balance the gram they want to protect because can’t read well because they should budget, that we will not balance the they think it is the most important have had an eye examination. They budget on the backs of poor children; program in the world. No. Let us put can’t afford it. Many of them should that we will invest in the skills, everything in the budget on budget. have dental care, and they come to health, and character of children in Let us have everything subject to the school with an infected tooth and ab- America, including poor children. balanced budget amendment and let us scess. They can’t learn well. It is dif- These are all God’s children. I am tell- have them compete for the available ficult for children who are in pain and ing you something, and I could argue funds as it should be. Then let us make discomfort to learn well. this for 24 straight hours, the history

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1210 CONGRESSIONAL RECORD — SENATE February 11, 1997 of the way we have done deficit reduc- Anderson really calls it the way it Bingaman Graham McConnell tion is that they come out on the short should be. If we are going to stop Bond Gramm Murkowski Brownback Grams Nickles end of the stick. spending money we do not have, we Bryan Grassley Reid This amendment I think is the right have got to get rid of all these years of Burns Gregg Robb thing to do. It puts us on record and it unbalanced budgets. And since we have Campbell Hagel Roberts Chafee Hatch makes it clear that we are going to bal- proven that we are not going to get rid Roth Coats Helms Santorum ance this budget based upon the Min- Cochran Hollings of them without a balanced budget Sessions Collins Hutchinson nesota standard of fairness. amendment to the Constitution, then, Shelby Mr. President, how much time do I Coverdell Hutchison by gosh, I suggest we pass the balanced Craig Inhofe Smith, Bob have left? budget amendment so by the year 2002 D’Amato Jeffords Smith, Gordon The PRESIDING OFFICER. The Sen- we have the true budget that will be DeWine Kempthorne H. ator from Minnesota has 1 minute re- Domenici Kohl Snowe balanced so kids like Grant Anderson Stevens maining. Enzi Kyl and all the kids my colleague is fight- Faircloth Lott Thomas Mr. WELLSTONE. I reserve the re- ing for and I am fighting for will have Feingold Lugar Thompson mainder of my time. a future. Frist Mack Thurmond Mr. President, I yield the rest of my Now, to me out of the mouths of Gorton McCain Warner time. young people sometimes comes the NAYS—36 Mr. HATCH. Mr. President, I will not greatest truth. Akaka Ford Lieberman take long. Dear Orrin Hatch. I think we have a huge Boxer Glenn Mikulski I know my colleague is sincere. I Breaux Harkin Moseley-Braun problem with the national budget. I have the know he is a very good person and that Bumpers Inouye Moynihan easiest way to fix it. Do you want to hear it? Byrd Johnson Murray he feels very deeply about children. OK. Stop buying things if you don’t have Cleland Kennedy Reed And I have a great regard for him. He money. Thanks for your time. Grant S. An- Conrad Kerrey Rockefeller knows that. Children have the love in derson. Daschle Kerry Sarbanes this town. One of the most effective Dodd Landrieu Specter I am grateful to Grant. I am grateful Dorgan Lautenberg Torricelli lobbyists in this town is Marian Wright that he took the time to write to me, Durbin Leahy Wellstone Edelman. I know. She and I worked and there are thousands of others who Feinstein Levin Wyden hard to get the child care bill through. are writing to us who want us to try to The motion to table the amendment That has helped millions of children all put some fiscal sanity into the system. (No. 3) was agreed to. over this country. We have tried five different balance- Mr. CRAIG. Mr. President, I move to I do not take a second seat to any- the-budget methodologies and not one reconsider the vote by which the mo- body with regard to taking care of chil- of them has worked. The distinguished tion was agreed to, and I move to lay dren. In fact, Elaine and I have six. We Senator said his amendment is not a that motion on the table. are expecting our 16th and 17th grand- gimmick, but his amendment reads: The motion to lay on the table was child within 2 weeks. I want them to It is the policy of the United States that in agreed to. have a future. I want them to have the achieving a balanced budget amendment— Mr. SPECTER addressed the Chair. care. I want there to be some money to The PRESIDING OFFICER. The Sen- help them. I want our country to be ‘‘It is the policy of the United States.’’ He is writing policy into the ator from Pennsylvania. solvent. I do not want their futures f bartered away and mortgaged away. Constitution— The reason child care programs are Federal outlays must not be reduced in a CURRENT MILK CRISIS being cut every year is because we are manner that disproportionately affects out- Mr. SPECTER. Mr. President, I send spending it all on interest on the na- lays for education, nutrition and health pro- grams for poor children. a resolution to the desk. tional debt. The PRESIDING OFFICER. The Sen- The only thing that will give chil- I agree with him; it is not a gimmick. ator from Pennsylvania has sent a res- dren protection in the future is if we It is a risky gimmick. If you start put- olution to the desk which will require pass this balanced budget amendment. ting language into the Constitution a unanimous-consent request at this We have here 28 years of unbalanced that the distinguished Senator thinks time. budgets. I do not know about others, can be easily interpreted, he does not Mr. SPECTER. I understand that. I but this pile is very significant to me. know much about the Supreme Court if want to make a comment or two about Every year we have people who are of he takes that attitude. I have to tell it, and then I will make that unani- the more liberal persuasion saying we you, we are making a great mistake. mous-consent request. should spend more, we should just get So I hope our colleagues will realize it Mr. President, this resolution relates the will to balance the budget but we is important to keep this amendment to a very urgent problem on milk pric- should spend more. They are incon- intact. It is the only amendment that ing in the country, but especially in sistent. has a chance of passing. It is a bipar- Pennsylvania, where Senator Let me just tell you something. I tisan amendment, and I hope we will SANTORUM and I have been working think out of the mouths of children support it here today. with our farmers to try to find some- comes the greatest truths sometimes. I move to table the Senator’s amend- thing to grant some immediate relief. This is a letter I received from Grant ment and ask for the yeas and nays. This is a problem which exists nation- Anderson, a young boy. Here is what he The PRESIDING OFFICER (Mr. wide, and we believe that we have said, August 5, 1996: KEMPTHORNE). Is there a sufficient sec- found a way to deal with this issue in Dear Orrin Hatch. I think we have a huge ond? the short run as it relates to the price problem with the national budget. I have the There appears to be a sufficient sec- of cheese, which is an ingredient in es- easiest way to fix it. Do you want to hear it? ond. tablishing the price of milk. OK— The yeas and nays were ordered. Yesterday, Secretary of Agriculture With an exclamation mark. And then The PRESIDING OFFICER. The Glickman accompanied me to north- he writes in big print the letters. He question is on agreeing to the motion eastern Pennsylvania. We have found said: to table the Wellstone amendment No. that the Secretary has the authority Stop buying things if you don’t have 3. The yeas and nays have been or- unilaterally to change the price of money— dered. The clerk will call the roll. milk if there is a different price for And a bigger exclamation mark. And The legislative clerk called the roll. cheese other than that which has been then he said: The result was announced—yeas 64, established by the National Cheese Ex- Thanks for your time. Grant S. Anderson. nays 36, as follows: change in Wisconsin. P.S. My mom and dad voted for you. [Rollcall Vote No. 8 Leg.] This is a matter of some urgency, Mr. A particularly good letter, I thought. YEAS—64 President, which is why I have dis- But the fact of the matter is Grant is Abraham Ashcroft Bennett cussed with the leadership the prospect right on the money. My friend Grant Allard Baucus Biden of offering this resolution at this time.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1211 I ask unanimous consent that this Mr. SPECTER. I am not asking that the present trend, it has been pointed resolution be taken up on a 20-minute all action be vitiated to the extent that out that the deficit will be over 21⁄2 time limit, 10 minutes equally divided, the resolution has been sent to the times in 10 years what it was in the with the yeas and nays on the vote. I desk, and that the discussion has been year of 1996. Using CBO’s numbers, our submit this resolution on behalf of my- held. I understand that I may not pro- national debt will rise from $3.7 trillion self, Mr. SANTORUM, Mr. FEINGOLD, Mr. ceed now except with unanimous con- to over $6 trillion by the year 2007. KOHL, Mr. JEFFORDS, and Mr. LEAHY. sent, and unanimous consent has not Every day that goes by without a bal- The PRESIDING OFFICER. Is there been granted. I understand why unani- anced budget is another step closer to objection? mous consent has not been granted. So financial calamity for the United Mr. FORD addressed the Chair. I do not think I can do anything fur- States. Around 40 cents of every tax The PRESIDING OFFICER. The Sen- ther, but I do not want to withdraw dollar you send to us goes to pay the ator from Kentucky. anything either. interest on the national debt, $344 bil- Mr. FORD. Mr. President, on advice, Mr. President, the fact is, I have sub- lion last year alone. That is as much as I must object to the Senator’s re- mitted the resolution for the RECORD. I we have spent on law enforcement, edu- quest—— do not know that I need to do anything cation, environment, energy, transpor- The PRESIDING OFFICER. Objec- else since an objection was heard and I tation, agriculture, and technology tion is heard. cannot proceed unless there is unani- combined. Mr. FORD. But I want to say why. mous consent, which there is not. I guess in order to understand what We are attempting to clear it, and it is The PRESIDING OFFICER. The Sen- we are doing here you have to boil it not something that I am objecting to ator from Pennsylvania is advised this down to where the average American lightly. So we are in the process of try- resolution will go to that section of the family can make sense of it and how it ing to get it cleared, and as soon as we calendar that is entitled, ‘‘Resolutions relates to them. Over the life of a 30- do, we will lift the objection. So I must and Motions Over, Under the Rule.’’ year mortgage on a $75,000 home, it object at this time, Mr. President. Mr. SPECTER. A point of informa- means a savings of around $71,000; sav- Mr. BYRD addressed the Chair. tion, Mr. President. Does that in any ings of $1,000 on the life of a 4-year loan The PRESIDING OFFICER. The reso- way prejudice my bringing it back to on an automobile worth $15,000; savings lution will go over—— Mr. BYRD. Reserving the right to ob- the floor when it has been cleared on of $1,800 over the life of a 10-year stu- ject. both sides? dent loan at $11,000. By the way, I am The PRESIDING OFFICER. Would The PRESIDING OFFICER. It would experiencing some of that, and that the Senator withhold, please? require a unanimous-consent request means quite a lot to this Senator. The Mr. BYRD. Yes. again at that time. grand total of all the savings of these The PRESIDING OFFICER. The Sen- Mr. SPECTER. I understand that. It loans will be around $74,000 over the ate will please come to order. All of the requires a unanimous-consent now. It lifetime. I think that is something that conversations should stop. The Senator would require a unanimous-consent at we cannot just overlook or ignore as a from West Virginia has been recog- that time. I just do not want to preju- consumer. nized. dice my position on bringing it back A small State like Montana—we are Mr. BYRD. Mr. President, I realize up. Whatever is the appropriate proce- small businesses, ranching, farming— that the objection has already been dural call, I am prepared to accept the uses these savings to expand our busi- heard. May I say, I have no objection ruling of the Chair. nesses, thus expanding the economy of to the resolution. But I hope the Sen- The PRESIDING OFFICER. That is Montana. ator, when he propounds his request understood. That is one thing that we have to do again, will not include that provision f in this country. We have to continually in the request that states that there be expand the economy. If you want to do BALANCED BUDGET AMENDMENT something for people to ensure jobs, a rollcall vote. That has to be done by TO THE CONSTITUTION a show of hands. I do not want us to get job opportunity, and work opportunity, started with having rollcall votes by The Senate continued with consider- we cannot stand at the same trough unanimous consent. ation of the resolution. and at the same side of the pie. We Mr. SPECTER. Mr. President, I The PRESIDING OFFICER. The Sen- have to grow the pie. thank my distinguished colleague from ator from Montana is recognized. In the legislative branch we have to West Virginia for that suggestion. I Mr. BURNS. Mr. President, what is enact this amendment because it seems shall incorporate that in my next the order of business? that we can’t rely on the current ad- unanimous-consent request. The PRESIDING OFFICER. The ministration to furnish or enact poli- I understand the reasoning of my col- pending question is Senate Joint Reso- cies that will provide for further def- league from Kentucky. We had cir- lution 1. icit-reduction measures. Sometimes we culated this yesterday, so I thought Mr. BURNS. Mr. President, I rise can’t even do it ourselves. The Presi- there had been ample time for clear- today to express my support for the dent vetoed the Balanced Budget Act of ance. It is my understanding that this balanced budget amendment, the con- 1995, which would have led to a bal- is an issue which will not cause re- stitutional amendment. I think it is anced budget by the year 2002. All told, gional friction, as do so many issues on properly named Senate Joint Resolu- this year the omnibus appropriations milk pricing. It is an adjustment on tion 1 because it is one of the most im- for fiscal year 1997 added back $70 bil- price which will benefit all regions. So portant acts that this Congress, I think lion of Federal spending because of it would not customarily draw the ob- anyway, will achieve. pressure from the White House. jection. I understand it has not been My home State of Montana has had Finally, the President has publicly cleared. that balanced budget amendment law stated that he would like to see the I ask unanimous consent that the since its inception when it joined the legislation fail. In fact, the President, resolution be printed in the CONGRES- Union in 1889. So, living with fiscal Secretary Rubin, and Members of this SIONAL RECORD. And, the objection hav- prudence has always been our way of Chamber have been working overtime ing been heard, I will reinstate the res- life. Even though there are times when to ensure that this amendment does olution at a time when it has been we strayed from this, and had our ups not pass. cleared. and downs, we always produced a little What is wrong with passing an (The text of S. Res. 52 is printed in bit of a surplus, which we had this last amendment, sending it to the States, today’s RECORD under ‘‘Submission of time, and the State returned it to the and letting the States decide, getting Concurrent and Senate Resolutions.’’) taxpayers. The Federal Government closer to the people? Unfortunately, Mr. SPECTER. I thank the Chair and could learn a lot just looking at the ex- some of these individuals have been yield the floor. ample of the States. trying to undermine the balanced The PRESIDING OFFICER. Is the For example, according to the Con- budget constitutional amendment by Senator asking that all action be viti- gressional Budget Office, if we do not suggesting that if we include Social Se- ated on this resolution? pass this legislation and we stay with curity in the equation, this would

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1212 CONGRESSIONAL RECORD — SENATE February 11, 1997 cause future harm to the Social Secu- Mr. President, when I speak with taxes to pay for it. And if we are not rity trust fund and thereby the next Rhode Islanders I often find it very dif- willing to levy the taxes to pay for it, generation of seniors. I would like to ficult to put the budget problems in whether it is better parks or better state flatly that that is exactly the op- perspective. Few, if any, of us under- education or better health care or bet- posite of what we are trying to do here. stand what a billion dollars is, never ter protective services or a stronger We are trying to save and strengthen mind what $1 trillion is But the cur- FBI or better facilities for our Ambas- Social Security. rent national debt of the United States sadors and officials of our Foreign The President has even admitted is $5.3 trillion—not billion dollars, not Service serving abroad, all of those that no one could balance the budget million dollars—trillion dollars. things, maybe they are fine. And if without the Social Security funds. The So we try to figure how can we put they are and if the decision is that President said that. this in some form of perspective and they are fine, then let us levy the taxes This is a false argument. It is a risky what the national debt is. This is what to pay for it. That is what this amend- gimmick that causes undue anxiety we owe our children. And the national ment is all about. among our people. debt amounts to $20,000 for every Mr. President, I hope that this first So my fellow Members believe that American in our Nation, or a bill for a step on a long road to balancing our Social Security will have to fight it family of four of $80,000. budget will be undertaken. This, of out with other programs if tied to the Let me give you some idea of what $5 course, does not say we are going to amendment. This is not the case. trillion is: $5 trillion is enough money pay off that $5.3 trillion debt. But we Money has already been allocated, and to purchase every automobile ever sold will get started on it. First, we will not it will remain in these trust funds. We in the United States and have enough be adding to it every day of every year. should not be needlessly scaring people money left over to purchase every air- Certainly, for the last 40 years we have into believing that their futures are line ticket ever sold for travel in the spent more than we have taken in. uncertain. We would never cut Social United States. You buy all the auto- That is why we have the $5.3 trillion Security to balance this budget. mobiles that have been made in the deficit. So it is a risky business whenever history of the United States, and then Mr. President, I think that this bal- you start talking about setting the So- you have money left over to buy every anced budget amendment is a good cial Security trust fund off to the side airline ticket that has ever been sold in start. I hope it will be approved. and not being included in the budget the United States, and then you will I thank the Chair. process. have used up $5.3 trillion; $5 trillion is Mr. HELMS addressed the Chair. If you do not include Social Security equal to the asset value of all the U.S. The PRESIDING OFFICER. The Sen- in this amendment, our deficit will im- stocks held by Americans. If we went ator from North Carolina. mediately increase by an additional out to spend a dollar every second of Mr. HELMS. I thank the Chair. $465 billion during fiscal year 1998 every day to reach the goal of $5 tril- through the year 2002, and by another lion, it would take 158,000 years at a f $602 billion during fiscal year 2003 to dollar per second. UNANIMOUS-CONSENT AGREE- the year 2007, for a total of $l.067 tril- When the Federal Government spends MENT—NOMINATION OF BILL lion over a 10-year period. Excluding more than it collects in tax revenue, it RICHARDSON TO BE U.N. AMBAS- this provision will actually make it borrows the difference. This debt, obvi- SADOR more difficult to choose which pro- ously, is a liability for future genera- Mr. HELMS. Mr. President, as in ex- grams will stay and which will be cut tions. My children, your children, these ecutive session, I ask unanimous con- away. young people here, the young people all sent that the majority leader, after So why would anybody suggest any- over America are going to have to pick consultation with the Democratic lead- thing different? As we know, the bal- up the bill for what we spent that we er, may proceed to executive session to anced budget constitutional amend- didn’t collect taxes for. And those who consider the nomination of BILL RICH- ment will force lawmakers to make support a balanced budget constitu- ARDSON to be U.N. Ambassador. I fur- some tough decisions. That is the way tional amendment such as we have be- ther ask that there be 30 minutes for it should be. We have always lived in a fore us believe the Federal Government debate on the nomination equally di- life of priorities. should do just like a family does. All vided between the chairman and rank- If we are to save our Nation from fu- families in America have to pay their ing member of the Foreign Relations ture heavy debt and uncertainty, hope- bills. If they don’t, they go into bank- Committee, and following the conclu- fully we will follow the course of what ruptcy and go through a lot of extreme sion or yielding back of time the Sen- the States do every day. We would hope difficulties. But the Federal Govern- ate proceed to a vote on the confirma- at least to have a surplus. ment does not pay its bills. It does not tion of the nomination. I finally ask I come out of county government. We collect enough in taxes to pay what we that following the vote, the President maintain surpluses in every line item. are buying. We always maintain reserves. There is The Governor of California, Earl be immediately notified of the Senate’s a reason for that because of the tax Warren, once said—I never forgot it— actions, and that the Senate then re- collection. It makes you maintain re- the people of California can have any- turn to legislative session. serves. It is prudent to do it. thing they want, anything they want, The PRESIDING OFFICER. Without Nobody knows what the future holds. as long as they are willing to pay for objection, it is so ordered. The American people look to us to pro- it. And that should be the guiding rule f vide those funds in the event of emer- for us in the United States. EXECUTIVE SESSION gencies. You cannot do it without People might say, ‘‘Well, sometimes maintaining reserves. you have to borrow some money.’’ Sure Mr. HELMS. Mr. President, are the So I maintain that to keep safe and you do. Thomas Jefferson borrowed $15 papers on the nomination at the desk? secure the future programs like those million to finance the Louisiana Pur- The PRESIDING OFFICER. The pa- which are meant to protect our senior chase. And our Nation, obviously, had pers are at the desk. citizens and our children, that we have to borrow money during World War II The Senator from North Carolina is to pass a balanced budget amendment in the 1940’s to pay for that war. No one informed that under the unanimous- to the Constitution of the United would argue with those decisions. But consent agreement, the nomination States. It just makes good sense. when we borrow money, we ought to can be brought up by the majority Mr. President, I yield the floor. pay it back and pay it back promptly. leader after consultation with the mi- Mr. CHAFEE addressed the Chair. That isn’t the way the Federal Govern- nority leader, and therefore the nomi- The PRESIDING OFFICER (Mr. GOR- ment works today. nation is not yet before the Senate. TON). The Senator from Rhode Island. Mr. President, what this balanced Mr. HELMS. My understanding is Mr. CHAFEE. Mr. President, I would budget amendment is attempting to do that that consultation has occurred be- appreciate it if the desk would inform is to say if we want something in the cause I was handed this unanimous- me when I have spoken for 7 minutes. United States, then we ought to levy consent request.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1213 The PRESIDING OFFICER. Does the the Nation’s top foreign policy posts. since that time, especially in the area Senator from North Carolina ask unan- He has been nominated at a critical of international affairs where he has in imous consent that the Senate take up time in the history of the United Na- a number of instances been able to ex- the nomination? tions. I believe that he could very well tricate Americans from very difficult Mr. HELMS. Yes. make history as the U.S. Permanent situations. The PRESIDING OFFICER. Without Representative who rolled up his objection, it is so ordered. However, on this issue of the nomina- sleeves and worked with Congress to tion, I think we also need to address f bring true and lasting reform to that the question of the status of the United NOMINATION OF BILL RICHARD- dysfunctional institution. Nations and especially the relationship SON, OF NEW MEXICO, TO BE We have heard a lot of rhetoric from of this Government to the United Na- THE U.S. REPRESENTATIVE TO the administration and the inter- tions, and a few caveats need to be THE UNITED NATIONS national community about the need to pointed out. pay arrearages to the United Nations. The legislative clerk read the nomi- Specifically, my concern, and I think nation of BILL RICHARDSON, of New U.S. contributions to the United Na- tions have been withheld by Congress the concern of a number of Members of Mexico, to be the representative of the Congress, is with the payment of ar- United States of America to the United for a valid reason: to cause the U.N. bu- reaucracy to wake up and smell the rearages to the United Nations. The ad- Nations with the rank and status of ministration, we hear by rumor, is Ambassador Extraordinary and Pleni- coffee. As I told Congressman RICHARD- SON, I believe Congress may be willing going to send to this Congress a supple- potentiary, and the Representative of mental, which supplemental will in- the United States of America in the Se- to pay those arrears, but only—and I repeat emphatically, only—if payments clude in it a $900 million plus request curity Council of the United Nations. for payment of arrearages to the Mr. HELMS addressed the Chair. are tied to concrete reform. The PRESIDING OFFICER. The Sen- Last month, the members of the Sen- United Nations. ator from North Carolina. ate Foreign Relations Committee had a There are two major issues raised by Mr. HELMS. I thank the Chair. long and productive meeting with the this. First, the question of whether $900 Mr. President, today the Senate ful- new U.N. Secretary General, Kofi million is the correct number. There is fills its constitutional duty on the Annan. I believe Mr. Annan genuinely some serious concern by those of us nomination of Congressman BILL RICH- wants to reform the United Nations, who have looked at this issue that that ARDSON to serve as our country’s Per- and I genuinely want to help him. But number may be too high and that the manent Representative to the United like Ronald Reagan used to say: ‘‘trust proper number should be less because Nations. but verify.’’ we as a government have not received The Senate Committee on Foreign That is why I told Mr. Annan that I proper credit for costs of peacekeeping Relations met for almost 3 hours on intend to introduce legislation shortly which we have incurred and should Wednesday, January 29, to consider the that sets benchmarks for U.N. reform, have been credited for. Richardson nomination. During that and that rewards reform with payment hearing, the committee also heard of the U.S. arrearage. As each bench- Second, independent of what the from a bipartisan group of six Members mark is met, money will be dispensed, right number is relative to arrearages, of Congress who introduced Congress- thus ensuring U.S. contributions will there is the question of what the money will be spent for in the future. man RICHARDSON. be linked to concrete accomplish- That group included the distin- ments. The United Nations has some very seri- guished chairman of the Senate Budget I have asked the Secretary General ous problems in its management. Committee, Senator DOMENICI, the jun- for his ideas and input, as I work with The new Secretary General, Kofi ior Senator from New Mexico, Senator Senator GRAMS, who will chair the Annan, has made a commitment to try BINGAMAN, the distinguished chairman international operations subcommittee to address those problems, and we re- of the Senate Judiciary Committee, during this Congress, and as I work spect that commitment. But we need Senator HATCH, the chairman and with other Senate colleagues to pre- to go beyond verbiage. We need to go ranking member of the House Inter- pare this legislation. beyond language, and we need to have national Relations Committee, Con- Mr. President, Congressman RICH- specifics, and we need to have enforce- gressmen GILMAN and HAMILTON, and ARDSON has pledged to work with the able and identifiable and ascertainable Congressman ROBERT MENENDEZ of New Senate Foreign Relations Committee standards we can look to. Jersey. and with the Congress as a whole, in Specifically, we need to have from During the hearing, Congressman implementing concrete reforms at the the United Nations a system to review RICHARDSON was questioned extensively United Nations. We welcome his input. where the money is spent. There is not by many members of the committee on I believe that on balance, he is well qualified for the post of U.S. Perma- now available to those who wish to re- a broad range of issues related to the view, those member countries that United Nations, and other foreign pol- nent Representative to the United Na- tions. I look forward to working with wish to review, an effective accounting icy matters. procedure for where the money goes At the conclusion of the hearing, it him in moving our agenda forward. once it arrives at the United Nations, was agreed to keep the record open I yield the floor. and we need to have that. until close of business on January 31, Mr. GREGG addressed the Chair. The PRESIDING OFFICER. The Sen- so that Senators could submit written Second, we need to have an effective ator from New Hampshire. process for determining the personnel questions to the nominee. Five Sen- Mr. GREGG. Who controls the time? ators submitted 135 such questions, all The PRESIDING OFFICER. The Sen- policies of the United Nations. There is of which were answered in writing by ator from North Carolina controls the not now a structure for adequately re- Congressman RICHARDSON. The admin- time on his side. viewing how personnel decisions are istration also complied with a docu- Mr. HELMS. I yield 5 minutes to the made at the United Nations. There is a ment request concerning State Depart- Senator. legitimate concern that there are a sig- ment involvement with negotiations to Mr. GREGG. I thank the chairman of nificant number of political appointees free certain hostages in Southern the Foreign Relations Committee for at the United Nations, patronage, for Sudan. yielding me time on this nomination. I lack of a better word, and that these Earlier today, after members had rise in support of this nomination of appointees do vote in many instances. spent several days examining the writ- Congressman RICHARDSON to be Amer- That is the representation. It may or ten replies, the committee met in a ica’s Ambassador to the United Na- may not be correct. But because there business meeting to consider this nom- tions. I had the pleasure of serving is no system to be able to review the ination. By a vote of 17 to 0, the Com- with BILL RICHARDSON while he was in personnel policies of the United Na- mittee on Foreign Relations reported the House. We arrived at nearly the tions, because they do not have a sys- favorably the Richardson nomination. same time. tematic personnel policy system, it is Mr. President, Congressman RICH- He was a joy to serve with, and I have impossible to evaluate the accuracy of ARDSON has been nominated to one of a lot of respect for what he has done these representations.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1214 CONGRESSIONAL RECORD — SENATE February 11, 1997 Third, we need to have the process RICHARDSON to be the Permanent Rep- addition, Congressman Richardson serves as for evaluating the full services deliv- resentative of the United States of Chief Deputy Minority Whip. ered by the United Nations, the pro- America to the United Nations, with Congressman Richardson has been active in hostage negotiations in a number of coun- grammatic initiatives taken by the rank of Ambassador. tries which include the Sudan, North Korea, United Nations and whether or not I commend President Clinton for hav- Cuba, and Iraq. His diplomatic skills have they are being efficiently and effec- ing nominated him, and I strongly urge been instrumental in the release of a number tively handled. This is a very genuine my colleagues here today to vote to of American hostages. concern because there is a very signifi- confirm this distinguished Member of Prior to his election to the U.S. House of cant amount of anecdotal evidence, at Congress who already has a long list of Representatives, Mr. Richardson served as a least, that many of the activities and diplomatic accomplishments to his Staff Member of the U.S. Senate Foreign Re- dollars that have been spent to support name. lations Committee, a Congressional Liaison Officer as the Department of State, and a those activities may not have produced Congressman RICHARDSON has ably Staff Member of the Wednesday Group of the the results sought, or in many in- represented the Third District of New U.S. House of Representatives. stances the dollars may have just been Mexico for 14 years, but it is his experi- Mr. Richardson received a B.A. from Tufts misplaced in at least a few cases that ence in successfully negotiating the re- University and an M.A. from the Fletcher have been found by the present inspec- lease of Americans and others in some School of Law and Diplomacy at Tufts. He is tor general, even misappropriated. of the world’s least hospitable locales the recipient of honorary degrees from the So until we get in place these three that has brought his formidable diplo- University of the Americas in Mexico, the College of Santa Fe, and the Fletcher School major accounting processes, which are matic skills to light. This diplomatic of Law and Diplomacy. Mr. Richardson has typical of any major structure of gov- experience will serve him well at the published a number of articles dealing with ernment or of the private sector, an ac- United Nations as he seeks to advance U.S.-Mexico relations. counting structure for knowing where American interests in contacts with 185 Born November 15, 1947, Mr. Richardson the money goes, an accounting struc- other nations. speaks Spanish and French. He has won nu- ture for knowing what the personnel Likewise, Congressman RICHARDSON’s merous awards including the Aztec Eagle policies are, and an accounting struc- personal background and political ex- Award from Mexico Government in 1994. In ture that allows you to follow pro- perience have prepared him well to rep- 1995, he was nominated for the Nobel Peace Prize. grammatic activity as to its efficiency resent the United States in the world Mr. Richardson’s dedication to public serv- and effectiveness, until we get some- body. ice and his strong diplomatic and leadership thing in place that shows us we are BILL RICHARDSON was born in Cali- skills make him an excellent candidate as going to have those types of systems in fornia and grew up in Mexico City. He U.S. Representative to the United Nations. place that allow us to review and know attended high school in Boston and re- Mr. BIDEN. Mr. President, BILL RICH- whether or not our dollars are being mained there to attend Tufts Univer- ARDSON has engaged in successful diplo- spent effectively, it is very hard for us sity, where he earned a bachelor’s de- macy with some of the world’s most re- as the fiduciaries of our citizens’ dol- gree and a Master of Arts in Law and calcitrant regimes and rebels. His hu- lars, as the managers of our taxpayers’ Diplomacy. manitarian concern for individuals and hard-earned income that is sent here as BILL RICHARDSON then came to Wash- his commitment to advance this coun- taxes, to say to the United Nations you ington, working in the Legislative Af- try’s interests have led him to coun- shall have this money in a carte fairs Office at the State Department tries like North Korea, Cuba, Iraq, Ser- blanche type of approach. and as a staffer on the Senate Foreign bia, Nigeria, Burma, Haiti, and Sudan. So there will be a significant debate Relations Committee, where, like his My colleagues will recall that he nego- in the Senate, and I suspect in the Con- predecessor, Secretary of State tiated the release of an American heli- gress generally, as to how we structure Albright, he gained an appreciation for copter pilot in North Korea, three Red any payment on arrearages, and it is the role of the Senate in helping craft Cross workers in Sudan, and two Amer- going to be my position, which I intend American foreign policy. icans imprisoned in Iraq. to aggressively pursue—and it really is In 1978, BILL RICHARDSON moved to Two weeks ago, Congressman RICH- a position where I follow the lead of Santa Fe, and in 1982 he won election ARDSON came before the Senate For- the chairman of the committee—that to this first term as a Member of Con- eign Relations Committee and outlined we have effective accounting proce- gress. His vast district has been de- how the United Nations should be used dures in place and that they be ascer- scribed by one writer as a ‘‘mini-U.N.,’’ to advance American interests, while tainable and that they be structured in with a diverse population that is 35 streamlining its bureaucracy and re- a way that we are sure we are getting percent Hispanic and 25 percent Native forming its structure. I ask unanimous our dollar’s worth of effective adminis- American, including members of 28 dif- consent that his statement before the tration, personnel management and ferent tribes. committee be printed in the RECORD. services. As a Congressman, he served on the There being no objection, the mate- The PRESIDING OFFICER. The 5 Intelligence Committee and was a fer- rial was ordered to be printed in the minutes yielded the Senator have ex- vent advocate of the North American RECORD, as follows: pired. Free Trade Agreement. STATEMENT BY REPRESENTATIVE WILLIAM Mr. GREGG. I thank the Presiding Mr. President, I ask unanimous con- RICHARDSON BEFORE SENATE FOREIGN RE- Officer for his courtesy and the chair- sent to have printed in the RECORD the LATIONS COMMITTEE man for his courtesy. official biography of BILL RICHARDSON. Mr. Chairman, distinguished Members of Mr. BIDEN addressed the Chair. There being no objection, the mate- the Committee, it is a pleasure to meet with The PRESIDING OFFICER. The Sen- rial was ordered to be printed in the you this morning. I would like to begin by expressing my gratitude to President Clinton ator from Delaware. RECORD, as follows: for nominating me to this important and Mr. BIDEN. Mr. President, I rise in REPORT FOR THE COMMITTEE ON FOREIGN support of our colleague, Congressman challenging position. I am deeply honored by RELATIONS, UNITED STATES SENATE his trust and deeply conscious of the fact RICHARDSON, to become our Ambas- Subject: Ambassadorial Nomination: Certifi- that, if confirmed, I will be representing the sador to the United Nations. cate of Demonstrated Competence—For- United States, and the interests and values Mr. President, I will very shortly eign Service Act, Section 304(a)(4). of its people to the world. This is a heavy re- yield back the remainder of the time. I Post: U.S. Mission to the United Nations. sponsibility that I do not undertake lightly. understand I have 15 minutes under my Candidate: Bill Richardson. But I assure you that, if I am confirmed, control. Bill Richardson has served as a member of America will have no more forceful advocate Mr. President, I take this oppor- the U.S. House of Representatives, rep- of its views and no more forceful defender of tunity to thank the chairman, Senator resenting the state of New Mexico since 1983. its sovereign interests. He serves on the Commerce, Resources and I would also like to thank you, Mr. Chair- HELMS, for his willingness to bring this Intelligence Committees. Mr. Richardson is man, as well as Senator Biden, for moving important nomination to the floor so active on the North Atlantic Assembly, the forward so expeditiously with my nomina- expeditiously. Helsinki Commission on Human Rights, the tion. I was very encouraged by the calls for I join Chairman HELMS in endorsing Congressional Hispanic Caucus, and the bi-partisan cooperation on U.S. foreign pol- the nomination of Representative BILL House Democratic Steering Committee. In icy at Secretary Albright’s confirmation

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1215 hearing, and I look forward, if confirmed, to American interests. The question is a fair to begin initial re-prioritizing, and we have working with you in the same spirit. one—but the answer is clear: America’s most taken at least the first steps toward stream- I also extend my appreciation to Senators fundamental interests are best served by our lining the specialized agencies. Domenici and Bingaman, and Representa- active, hard-headed leadership in the U.N.; Make no mistake, the U.N. has serious tives Gilman, Hamilton and Menendez, for they will be set back if we drop out—either their kind introductions. It has been my problems to surmount. There should, for ex- in the literal sense or by failing to shoulder ample, be better coordination of its activi- privilege to work with these distinguished our fair share of responsibilities. individuals. In my tenure in the Congress, I The values that inform the U.N. Charter ties, consolidation of related programs and have also come to know a number of the are also American values; the Charter’s sen- bodies, and elimination of redundancies and members of this Committee. I have seen how timents and, in many ways, its very words low-priority activities. The specialized agen- deeply committed you are to advancing the echo the ideals so familiar to generations of cies must learn to live within their means. interests of the America people. I thank all Americans: ‘‘to reaffirm faith in funda- And the whole U.N. system must take a page of the members of the Committee for the mental human rights, in the dignity and from the business community’s handbook courtesies you have extended to me during worth of the human person, in the equal and learn to do more with less. The High- the last few weeks. rights of men and women.’’ This should be no Level Working Group on U.N. reform pro- I would like as well to express my great ad- surprise given the role that Americans posed by President Clinton at the 49th Gen- miration and respect for the work of my played in conceiving and drafting the U.N. eral Assembly to address key economic, so- predecessor, whose resolve, frankness, and Charter. cial and administrative issues has made lit- just plain good sense made her four years at But U.S. participation in the U.N. is not tle progress, and changes so far at the spe- the U.N. such a resounding success. If con- merely a question of values. U.S. participa- cialized agencies have been ad hoc and ten- firmed, I hope to profit from her example and tion has made a positive difference in meet- tative. to work closely with her as a member of the ing an extraordinary range of challenges Secretary General Kofi Annan has publicly President’s foreign policy team. around the world. It enables us to build Finally, I wonder if I might take a brief committed himself to achieving the kind of international support for our foreign policy reform that will make the U.N. more effec- moment to introduce my wife Barbara. goals at a lower price; during the Gulf War, Mr. Chairman, I am proud of my long- tive. His appointment presents us with an this multiplier effect meant that the inter- standing commitment to public service. For opportunity to push for reform and solve our national community shared the costs and re- seven terms in the House of Representatives, arrears problems. He appears receptive to sponsibility of defeating Iraq. We see peace I have sought to demonstrate that commit- changing the way the U.N. operates; in his in Cambodia, El Salvador, Angola, Namibia ment by serving my constituents and my public remarks since being appointed he has and Mozambique thanks in no small part to country to the best of my abilities. Those stressed the need to make the U.N. ‘‘leaner, the powerful combination of effective U.S. fourteen years of service, I believe, provide more efficient and more effective.’’ I know leadership and sustained U.N. engagement. me with a perspective and a sensitivity to Mr. Chairman, I have seen for myself how his words have been applauded up here on issues that will strengthen my working rela- the United Nations can help us further the Hill and I was very encouraged by the se- tionship with you, this Committee, and the America’s interests: today, IAEA inspectors ries of meetings he held last week here in Congress. help to verify that North Korea is living up Washington—in particular by his meeting We share a love for our nation and a deter- with you, Mr. Chairman, and members of the mination to preserve and strengthen Amer- to its commitment not to produce nuclear weapons; in remote parts of Sudan to which committee. His job will be a difficult one, ica’s global leadership, to promote our goals but with will and effort, it can be done. If of world peace and security. We want a bet- Americans have little or no access, I have seen how U.N. affiliated organizations help confirmed, I will press relentlessly to make ter world for our generation, our children’s sure that reforms are undertaken, both in generation and all those who follow. protect and feed the innocent victims of a The good news is that we live at a time of terrible humanitarian disaster. In Burma, I the U.N. and the specialized agencies, and remarkable promise. Our nation is at peace. have seen how the nations of the world at that our priorities are key factors in U.N. de- Our economy is strong. And our most funda- the U.N. General Assembly and led by the cision-making. At the same time, I’ll ask mental beliefs are ascendant, as more coun- United States, have brought hope to embat- your support for America’s leadership in the tries and peoples than ever before enjoy the tled democrats by justly condemning a re- U.N.—and for fulfilling the commitments advantages of open societies and open mar- pressive regime. that will enable us to lead. kets. But we also face a host of threats— As the President said last week, ‘‘our well- Mr. Chairman, as a member of Congress, I from rogue states and the spread of weapons being at home depends on our engagement know perfectly well that while our constitu- of mass destruction to terrorism, drug traf- around the world.’’ U.N. agencies contribute ents want to see America involved in the ficking and environmental degradation— to the safety and security of Americans; world, they are not interested in seeing tax that can all too easily undermine our hard- they even protect U.S. jobs: the ICAO’s avia- dollars wasted on programs that are incon- won gains and our hopes for the next cen- tion safety and security standards dispropor- sistent with American interests or values. A tury. tionately benefit Americans (who make up 40 central part of my job will be to make this I believe the U.N. is at a crossroads—and so percent of all international air travelers); reality absolutely clear to the U.N. and its labor standards set by the ILO help ensure is America’s leadership in the institution. 184 other members. Both the U.N. and the U.S. face fundamental that U.S. exports remain competitive over- choices: for the United Nations, to adapt seas; trademark and copyright protections In four years, I hope this Administration fully to new demands and changing times, or overseen by the World Intellectual Property will be able to say that by working with you to suffer the erosion of support from nations Organization protect billions of dollars in and other key committees in Congress we: and peoples. For the United States, the U.S. exports of movies, software, music, Helped the U.N. and its specialized agencies choice is to sustain our leadership in a re- books, and industrial inventions; the FAO make the transition to smaller and more ef- formed, effective U.N. or lose our voice in an and the WHO set international food product ficient organizations; put our U.N. assess- institution that has helped us advance Amer- safety and quality standards that benefit our ments on a sustainable financial footing that ican interests for half a century. The U.N. agricultural exporters as well as our con- preserves U.S. influence within the U.N. sys- must do its part. But we too must make the sumers. tem; paid America’s debt to the U.N.; and re- right choice. Let me explain why: Increasingly, we use U.N. bodies to gain built bipartisan support in the United States As a global power with global interests, international support for addressing such for continued American leadership within the United States must lead in seizing the dangerous transnational scourges as ter- and through the U.N. opportunities and meeting the challenges of rorism, crime, and narcotics trafficking. We To accomplish these far-reaching changes, this new era. And to lead, we must have all work with and through the U.N. to achieve we envision a reform package consisting of the tools of leadership at our disposal. Some- our objectives on human rights, the environ- five elements: Maintaining at least zero times, when our vital interests are at stake, ment, and child labor—all issues of great im- growth in the U.N. budget, streamlining the we have to be willing and able to act alone. portance to the American people. The U.N. U.N. Secretariat in terms of personnel and That’s why we are determined to maintain a has helped bring the world together in caring organizational structure, streamlining the strong military, and an assertive, well-fund- for refugees, feeding starving children, eradi- U.N.’s ‘‘big three’’ affiliated agencies: the ed diplomacy. cating smallpox and battling AIDS. If we can Food and Agriculture Organization, the But the U.S. can’t do everything; nor maintain our leadership within the organiza- International Labor Organization, and the should we try. As President Clinton has put tion, this will continue to be so. World Health Organization, negotiating it, ‘‘we cannot sustain our leadership or our During the last several years, Secretary lower U.S. scales of assessment for the U.N. goals for a better world alone.’’ That is why Albright worked tirelessly on U.N. reform, regular budget, the budgets of affiliated the U.N. is essential: not as an independent and she produced results: a new Secretary agencies, and the U.N. peacekeeping budget, actor on the world stage, but as an instru- General was appointed, committed to accel- and negotiating the kind of Security Council ment that helps us mobilize the support of erate the pace and widen the scope of reform; reform that preserves its efficiency and pro- other nations for goals the American people the U.N. was persuaded to adopt no-growth tects the prerogatives of the current Perma- support. Without it, we would face, more and budgets—both currently and for the foresee- nent Members, while adding Germany and more often, the stark choice between acting able future—and to reduce the number of Japan. alone and doing nothing. people working in the U.N. Secretariat by I know there are some who question several hundred. Furthermore, we have per- To see these reforms implemented, how- whether our participation in the U.N. serves suaded the regional economic commissions ever, I will need the help of the Congress.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1216 CONGRESSIONAL RECORD — SENATE February 11, 1997 The administration is prepared—even be disbursed 2 years from now, is a He is, as I said, academically quali- eager—to work with you to help achieve our good place to begin a bipartisan effort fied. He is qualified by temperament. U.N. goals. But our efforts are increasingly to pay off our debt and encourage He is qualified by experience. And he is hampered by international resentment over qualified, uniquely qualified in what is our arrears. As the U.N. cleans its house, we meaningful U.N. reform. must do our part. Our U.N. debt continues to Mr. President, I look forward to probably the single most significant hurt our efforts to press for reform and dam- working with Congressman RICHARD- issue that has faced our relations with ages our influence in the U.N. and its affili- SON over the next 4 years to ensure the United Nations, probably since the ated agencies. The United States needs to that the United States continues to United Nations has come into exist- get out of debt and stay out of debt. As the play a leading role at the United Na- ence. That is: What is the relationship President said just last week ‘‘We cannot ex- tions so that the United Nations con- and role of the President’s authority to pect to lead through the United Nations un- tinues to work in America’s interests. make commitments relative to the use less we pay what we owe.’’ For that reason, at the same time as I Let me just suggest that I think of American dollars and forces in other make America’s case at the U.N. I will be since I have been here—and it has been parts of the world, and how does that making the case to the Congress and the 24 years—we have not had anyone who interrelate with the Congress and the American people that a reformed, effective by temperament, experience, back- Senate, in particular, and how and U.N. serves our interests in concrete ways ground, and education is any more under what circumstances should we be and that our arrears have harmed our ability qualified to be our Ambassador to the making up our arrearages and looking to press for reform. As Secretary Christopher United Nations than Ambassador RICH- out for our longer term interests at the used to say, ‘‘we can’t reform and retreat at ARDSON. We, all of us who have served United Nations? the same time.’’ So for those reasons and many others Clearly, the Administration and the Con- here, at least for 2 years or more, have gress must work together on a bipartisan come to know him personally or have which I have not mentioned here basis to advance U.S. interests through a re- become acquainted with his incredible today, I think BILL RICHARDSON is the formed United Nations. In addition to my record of special missions, where he right man for the job at this moment, commitment to pressing for U.N. reform, I has not gone off on his own but gone off although I suspect he would be quali- also pledge to you to make every effort to re- under the aegis and umbrella, at least, fied for the job at any moment. But I inforce the unfailing commitment of the and being told by informing adminis- think he is particularly qualified to American people to democracy and human trations what he has been doing, and take over this job at this time. rights around the world. Mr. GRAMS. Mr. President, as the I believe that one of my highest respon- the remarkable negotiations that he sibilities will be to confer, cooperate, and has undertaken with such remarkable new chairman of the Subcommittee on consult with the Congress across the board results. International Operations, I am pleased on the widest range of U.N.-related issues, The reason I mention that is not that to offer my support for the nomination both in Washington and in New York. If con- that qualifies a man or woman to be of BILL RICHARDSON to serve as the U.S. firmed, I will welcome your advice, Mr. the Ambassador to the United Nations Ambassador to the United Nations. Chairman, and that of every member of this in and of itself, but it indicates that Many of us have followed Congress- Committee and of the Congress. I extend to this is a man who understands how to man RICHARDSON’s globe-trotting mis- you individually and collectively a standing sions to assist captured Americans in invitation to come to New York and see for assess his opposition’s interests and how to try to meet that interest with- hostile circumstances. I want to ex- yourselves what we are doing there. My door press my personal appreciation for the will always be open. out yielding on any principle that is On one thing we can all agree: the U.N. can important to this country. I think successful effort he made two years ago and must do better and since we are part of Madeleine Albright did that job well, to obtain the release of Bill Barloon in the U.N. we must together be part of the so- Iraq, since Mr. Barloon’s brother lives as others have, and I think that BILL lution. If, with your consent, I am con- in my home State of Minnesota. will do it equally as well. firmed, I can pledge to you that you will find We were very grateful. I have no I also think that he goes there no one more committed to getting the job doubt that the lessons BILL RICHARD- equipped with a firsthand knowledge of done. SON has learned from these missions, the concerns expressed by the chair- Thank you very much. which one newspaper dubbed ‘‘daredevil man of the committee, the Senator Mr. BIDEN. Mr. President, Congress- diplomacy,’’ will serve him well at the from North Carolina, and our distin- man RICHARDSON reminded us that United Nations. Often, it seems the guished colleague from New Hamp- while U.N. reform is important, we United States must use just the right shire, who just spoke. This is not some- must never lose sight of the funda- mix of aggressive persuasion and diplo- thing he has to divine or guess about. mental value of the United Nations for matic negotiations to convince the our national interests. We rely on the This is not just in terms of our arrear- other 184 member states at the United United Nations to provide humani- ages. Our involvement with the United Nations to go along with even minor tarian assistance to millions who oth- Nations—and the future relationship reforms. erwise would have no source of food or the United States will have with the As a member of the Foreign Rela- shelter. We rely on the United Nations United Nations—is something that he tions Committee, I have long had an to eradicate disease and improve is personally aware of, in terms of the interest in the reform and revitaliza- health. We rely on the United Nations intensity, the extent to which the con- tion of the United Nations. But late to prevent nuclear proliferation. We cern exists, and the detail of the con- last year, I was given the opportunity rely on the U.N. to facilitate and main- cern as emanated from the U.S. Con- to become personally involved in some tain peace. The United Nations allows gress, both in the House and the Sen- of the controversial issues surrounding us to combine our resources with those ate. this body when President Clinton ap- of others to bring about outcomes that So, he is a man who will arrive on pointed me to be a congressional dele- are in our national interest. the scene fully aware of both sides of gate to the U.N. General Assembly. We must pursue reform, but we this equation. He is not just a very From October to December, I made should not use reform as a stalking gifted academic or diplomat who will three trips to the United Nations to horse to undermine the United Na- serve us there. He is not someone who participate in its activities. These in- tions’ ability to carry out tasks that has just learned academically of the cluded not only meeting with a wide serve our fundamental interests. concern of the Congress and the simple, range of U.N. officials and representa- We must maintain our leadership in basic, legitimate political concerns tives from other nations, but also the United Nations. Doing so entails that we have. I don’t mean partisan po- speaking before the U.N. budget com- meeting our commitments to the litical, I mean political in the sense mittee—known as the Fifth Com- United Nations; specifically, it means that we have to answer to our constitu- mittee—and also the General Assembly paying our back dues. We cannot ex- encies as to what we are going to do itself. pect others to fulfill their inter- about paying arrearages, if we pay ar- This experience reinforced my two national obligations if we do not fulfill rearages, and how we pay them. And I key beliefs about the United Nations. our own. think that is a particularly useful First, that a properly structured The President’s request for a $921 background for a man to have at this United Nations can be a useful inter- million supplemental appropriation. to moment, going to that job. national forum and a vital tool for

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1217 American foreign policy. And second, OIOS has sufficient resources to sup- funding and programs, this is only part that it is also an unbelievably complex port the activities of its investigators. of the picture. and bureaucratic organization which is We have heard enough excuses on There are a whole series of manage- crying out for an overhaul. this issue and it’s time for it to be re- ment reforms that also deserve to have Last month, I was encouraged by the solved. The United States has declared the leverage of U.S. arrears behind visit to Washington of the new U.N. that one of its reform goals is to ex- them. The point is that we don’t just Secretary-General, Kofi Annan, and by pand the U.N. Inspector General’s au- want a less expensive United Nations, his assertions to Congress that addi- thority to all agencies and programs but one that is more manageable and tional reforms are in the offing. I know throughout the U.N. system. I strongly efficient. many of us look forward to reviewing support this reform goal, but question Third, I have reservations about the the reform package he has promised to how it can be accomplished when the President’s request for $921 million as develop by September of this year. OIOS is having great difficulty meeting an advance appropriation for fiscal During both his public testimony and its current responsibilities. year 1999. These reservations are in a private meeting with me, BILL Another issue which has caused deep heightened if such funding will not be RICHARDSON pledged unprecedented congressional concern is the loss of the legislatively conditioned on mandatory consultations with Congress on U.N. U.S. seat on the U.N. Advisory Com- reforms. My personal view is that this appro- issues. I deeply appreciated that prom- mittee on Administrative and Budg- priation should not be rushed through ise and know that Mr. RICHARDSON, as etary Questions, known as the ACABQ. Congress just so the President can have a member of Congress himself, under- This is the first year since the found- it in his pocket for safekeeping. We ing of the United Nations that the stands the importance of genuine inter- should consider this funding in the nor- United States has not had a position on action between the executive and legis- mal authorization and appropriations lative branches on foreign policy. this crucial budget committee. With- process so that it can be examined in In that vein, there are some matters out this seat, it will be even more dif- the context of all budget priorities. at the United Nations that I believe re- ficult for the United States to get ac- I understand that Secretary Albright quire immediate attention and I hope cess to important technical budget in- will be coming to Congress tomorrow to begin working promptly with soon- formation at the very time we are try- to discuss the President’s proposal so I to-be Ambassador RICHARDSON to ad- ing to enforce fiscal restraint and a no- will defer other comments until after dress them. growth budget at the United Nations. that meeting. However, as an opening To begin with, I am alarmed by the I would recommend Mr. RICHARDSON bid in the negotiations over how to re- lack of resources currently being made take three important steps with regard solve U.S. arrears and guarantee U.N. available to the U.N. Inspector Gen- to the ACABQ: First, he must make reform, the administration’s plan eral, known as the Office of Internal sure the U.S. mission to the United Na- seems to be falling short. Oversight Services, or the OIOS. This tions and Congress will continue to Therefore, Mr. President, I hope ne- office is one that would not exist with- have access to important budget infor- gotiations between Congress and the out American advocacy and, I might mation whenever necessary. administration can proceed quickly so add, without the pressure of legislation Second, he should ensure that any that we can begin discussing a serious, mandating that some United States matters involving the commitment or comprehensive U.N. reform agenda. To contributions to the United Nations be reprogramming of U.N. funds are con- that end, I look forward to working withheld until it was created. sidered in the General Assembly’s Fifth with our next United States Ambas- The OIOS is charged with rooting out Committee, on which the United States sador to the United Nations, BILL RICH- waste, fraud, abuse, and mismanage- still has a seat, rather than only by the ARDSON, on a close and productive basis ment at the United Nations. According ACABQ. to strengthen the relationship between to the Undersecretary-General who Now third, it is clear the United the United States and the United Na- runs the office, it does not always re- States must regain its seat during the tions. ceive the cooperation it needs from all next elections for the ACABQ in 1998. Mr. FAIRCLOTH. Mr. President, I U.N. staff and member states. Given the stunning loss of the last U.S. rise in support of the nomination of This is unfortunate because the pur- candidate, Mr. RICHARDSON and the BILL RICHARDSON to be U.S. Ambas- pose of the OIOS is to save money and State Department need to fully consult sador to the United Nations. make more effective use of U.N. re- with Congress before nominating our But, Mr. President, I must express sources. All member states should re- next ACABQ candidate. my concern about the United Nations, member that money wasted is money Mr. President, before I close, I want particularly the imminent discussion that will not help meet the goals of to say a few words about the major about a multibillion-dollar bailout of programs that they themselves man- U.N. issue facing Congress this year, this body. My thoughts can best be summed up dated the U.N. undertake. which is the President’s request for $1 by an article which I will ask to have My immediate concern is that the billion to pay United States arrears to printed in the RECORD. This excellent budget of the OIOS has been cut dra- the United Nations. opinion piece, written by Cliff Kincaid, matically this biennium, including a Given what I understand so far of the raises serious questions about the reduction of $700,000 just in 1997. It also President’s plan—and I still have yet United Nations that need to be an- to see anything on paper from the ad- has 12 posts which have not been filled, swered. giving it an especially high vacancy ministration—I must express my dis- In addition to the wasteful spending rate for U.N. offices. In fact, my under- appointment with his U.N. reform pro- practices of the United Nations, in my standing is that the OIOS has only posal. opinion, the organization in recent about 10 trained investigators to han- First of all, I am dismayed by the re- years has begun to pose a threat to dle the massive job of U.N. oversight. luctance, if not outright refusal, of the U.S. foreign policy and the command Not only is this simply unacceptable, administration to link incremental and control of the U.S. Armed Forces. but it causes us to question whether payment of U.S. arrears to specific It needlessly delayed the conflict in the U.N. Inspector General’s office is U.N. reforms mandated by law. Clearly, Bosnia and was partly responsible for truly independent. this general approach has been success- the debacle in Somalia. Now I hope one of Mr. RICHARDSON’s ful on a series of reforms ranging from The role of the United Nations in dic- first priorities will be to sit down with the creation of the U.N. Inspector Gen- tating the foreign policy of this coun- Secretary-General Annan and figure eral to the ongoing implementation of try, and its role in the military affairs out how to bring the OIOS up to full a no-growth budget. must be confronted and stopped. strength. Second, I am concerned the adminis- I hope that Mr. RICHARDSON could ad- This means not only filling vacant tration is focusing narrowly on simply dress these and other issues during his posts for 1997, but making sure there is reducing U.N. budgets and assessments coming tenure as our Ambassador. funding in the 1998–99 budget outline to to the United States. While I agree I ask unanimous consent that the ar- continue those posts into the next bi- that mandating budget reductions can ticle by Mr. Cliff Kincaid be printed in ennium. It also means making sure the force U.N. bureaucrats to prioritize the RECORD.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1218 CONGRESSIONAL RECORD — SENATE February 11, 1997 There being no objection, the article international taxation schemes to fund the firm the nomination of BILL RICHARD- was ordered to be printed in the United Nations. Legislation to derail these SON for the U.N. Ambassador position. RECORD, as follows: plans was voted on by the Senate last year. Mr. BIDEN. Mr. President, I do not Not surprisingly, global taxes for the United see any other of my colleagues seeking [From the Washington Post, Jan. 19, 1997] Nations went down by a 70–28 margin. WHO’S SOAKING WHOM? Nevertheless, officials at the United Na- to speak on this nomination. There- (By Cliff Kincaid) tions Development Programme have now fore, I am prepared to yield back the edited a 300-page book, titled ‘‘The Tobin remainder of my time and am prepared Kofi Annan is coming to town. Unlike Tax,’’ on how to implement a global tax on Santa Claus, who gives gifts, Annan wants to vote anytime the chairman deems it international currency transactions. (James them. The new secretary general of the appropriate. Tobin is the Yale University economist who United Nations is scheduled to be in Wash- The PRESIDING OFFICER. Does the came up with the idea.) This tax could affect ington this week to ask members of Congress Senator from North Carolina yield IRAs, pension funds, mutual funds and other to provide another $1 billion or more for the investments of ordinary Americans. Will back his time? world organization. Members of Congress Annan make sure that work on these Mr. HELMS. Mr. President, the yeas may wish to ask him some tough questions schemes stops immediately? and nays have not been obtained for about U.N. finances. If the new U.N. secretary general wants to this nomination, have they? First: Why has the position of U.N. sec- make a convincing case on Capitol Hill, he retary general enjoyed a 70 percent increase The PRESIDING OFFICER. They should answer these questions to the satis- have not. in pay over the past six years while the faction of the U.S. Congress. United Nations has been going broke? U.N. Mr. HELMS. Mr. President, I ask for figures show the position was paid $156,429 in Mr. BINGAMAN addressed the Chair. the yeas and nays. gross salary in 1991, with an entertainment The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Is there a budget of $22,500. By May 1995, the secretary ator from New Mexico is recognized. sufficient second? Mr. BINGAMAN. Mr. President, our general’s gross salary had risen to $280,075, There is a sufficient second. Nation has been very fortunate over with $25,000 for entertainment. If Annan is The yeas and nays were ordered. the years to have had distinguished, sincere about reform, he should set an exam- Mr. HELMS. Mr. President, the ple by taking a pay cut. capable representatives serving as our Cloakroom would do well to advise Second: Why is former U.N. secretary gen- Ambassadors to the United Nations. It Senators that there shortly will be a eral Kurt Waldheim still getting a $102,000 is my honor today to speak on behalf of rollcall vote. I will explain to the annual pension? In 1986 journalists exposed yet another distinguished American, his collaboration in the Nazi extermination Chair, while we are delaying just a lit- BILL RICHARDSON, who has been nomi- campaign in southern Europe during World tle bit, Senator DOMENICI, who is a New nated by the President to serve in that War II, and he was barred from the United Mexican, as is Mr. RICHARDSON, is on States. Since Waldheim got his U.N. job capacity. Let me offer a few words of strong his way to the floor and he wants to under false pretenses, why is the United Na- say a few kind words about his fellow tions still obligated to pay him out of its $15 endorsement for my colleague. BILL billion pension fund? Moreover, doesn’t it RICHARDSON and I first campaigned to- New Mexican. So, pending the arrival look bad for the U.N. to prosecute suspected gether in 1982, when he was running for of Senator DOMENICI, I suggest the ab- war criminals in Bosnia and Rwanda while the House of Representatives and I was sence of a quorum. continuing to pay Waldheim? running for the Senate. The PRESIDING OFFICER. Will time Third: What is the real U.S. ‘‘debt’’ to the Starting with that 1982 campaign, be equally divided? United Nations? The General Assembly came and in the 15 years since then, I have Mr. HELMS. Yes. up with the requirement that the United The PRESIDING OFFICER. Without States pay 25 percent of the U.N. operating continued to be impressed by his re- sourcefulness, by his energy, by his tal- objection, it is so ordered. The clerk budget and 31 percent of the peacekeeping will call the roll. budget. Over the course of the past decade, ent for winning the trust and respect congressional appropriations for the U.N. from people of diverse backgrounds The legislative clerk proceeded to have fallen short of these ‘‘requirements,’’ with widely varied points of view. call the roll. which are based on national wealth and re- Much has been made of the successful Mr. DOMENICI. Mr. President, I ask sponsibilities in world affairs. If we don’t pay diplomatic efforts that he has engaged unanimous consent that the order for what the U.N. wants, its only option is to in in the last few years, but I would the quorum call be rescinded. deny us a vote in the General Assembly. like to say just a few words about his The PRESIDING OFFICER. Without Members of the assembly haven’t done this objection, it is so ordered. because they know we’re still the biggest performance on his so-called day job, that is, his job as Congressman for the Does the Senator from North Caro- contributor to the U.N. regardless of the lina yield time to the Senator from ‘‘debt’’ talk. State of New Mexico. The United States makes many contribu- As you know, Mr. President, New New Mexico? tions to the world organization for which it Mexico is a State of many cultures. We Mr. HELMS. Yes. receives no credit or reimbursement. A have a very large native American pop- Mr. DOMENICI. Mr. President, I rise March 1996 General Accounting Office (GAO) ulation, a very large Hispanic popu- just to say a few words in behalf of my report on peace operations found that, dur- lation, a community such as Los Ala- good friend, the U.S. Representative ing fiscal years 1992–95, U.S. government mos, which has the largest number of from the State of New Mexico, BILL costs in support of U.N.-backed peacekeeping Ph.D.’s per capita of any city in the RICHARDSON. I think I would have been operations amounted to $6.6 billion. About remiss if I did not come to the floor $4.8 billion of this amount was never counted world. as part of our official U.N. assessment, ac- BILL RICHARDSON has managed to today and say to soon-to-be Ambas- cording to the GAO. The United Nations did gain the trust and support of each of sador RICHARDSON in behalf of New reimburse the United States for about $79 these as well as many other groups and Mexicans, we wish you the very best million of these expenses, leaving $4.7 billion has been a very effective and successful good fortune. We know that whatever that has effectively been provided as a gift. Congressman receiving very large ma- you have tried, you have succeeded at If this sum is applied to our $1 billion-plus jorities each of the eight elections that it in your life. And now, through that ‘‘debt,’’ as seems logical, then the United Na- he has stood for in our State. achievement and because New Mexi- tions owes us money, not the reverse. cans have sent you to the U.S. House in U.N. supporters may argue that the United BILL will demonstrate the same re- States is obligated to appropriate money di- sourcefulness, energy, and skill in numerous elections and for a number of rectly to the United Nations, not just to di- building trust and rapport in the years, we all think you are ready for a rect U.S. agencies to support U.N. oper- United Nations that he has dem- much bigger role and a much bigger ations. But U.S. support, including housing, onstrated in New Mexico. We in New mission in behalf of our country. humanitarian supplies and other goods and Mexico will be losing a very capable Most of us who know you, and most services, is paid for by congressional appro- and effective Representative in Con- New Mexicans who have observed you, priations and directly enables the United Na- gress, but the country will be well are confident you are going to do a tions to carry on its work. Why shouldn’t splendid job in behalf of our country. these contributions count? served by having BILL in this key posi- Fourth: Why are U.N. officials continuing tion of advocacy in the world’s key The fact that you came from a State to push global taxation? The U.S. Congress international institution. that has multiple cultures, that clearly was shocked when former U.N. secretary Mr. President, I strongly recommend accepts the diversity that no other general Boutros Boutros-Ghali endorsed to my colleagues that they vote to con- State in the Union has like ours, bodes

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1219 well for your work with people from all LEGISLATIVE SESSION that the President would be able to use over the world. The PRESIDING OFFICER. Under his powers to appoint an emergency While I could stand here and speak the previous order, the Senate will re- board which would automatically keep for a long time in your behalf, it is not turn to the consideration of legislative the contract in place for 30 days and necessary today because you are clear- business. then provide for another 30-day cool- ly going to be confirmed and your Mr. MURKOWSKI. Mr. President, I ing-off period. This will give 60 days to name is going to be sent to the Presi- suggest the absence of a quorum. these people to be able to work out dent as the next Ambassador to the The PRESIDING OFFICER. The their differences. United Nations. But I believe I will clerk will call the roll. I think that the pilots union and the close with just a couple of words in The bill clerk proceeded to call the airline company, American Airlines, Spanish. Buena suerte, BILL. That’s the roll. are certainly big enough people to be simplest way of saying good luck and Mrs. HUTCHISON. Mr. President, I able to work out their differences and good fortune in Spanish. I have been ask unanimous consent that the order not cause the disruption of so many privileged to work with you. I hope you for the quorum call be rescinded. lives in our country and the economies will continue to work with those of us The PRESIDING OFFICER. Without of so many States in our country. in the U.S. Senate and House who are objection, it is so ordered. So I am asking that the Senate vote interested in the United Nations suc- Mrs. HUTCHISON. I ask unanimous on this on Thursday, if nothing has ceeding. We think you have a big mis- consent I be allowed to speak for 5 min- happened in between. I hope the Presi- sion. We hope you can establish some utes as in morning business. dent will use all of his persuasive pow- inroads, in terms of the United Nations The PRESIDING OFFICER. Without ers between now and Thursday to make being a more effective and efficient objection, it is so ordered. sure that everything is being done to body, so that the United States can settle this strike. But if nothing has truly continue to support its efforts f happened by Thursday, we want the and your efforts in behalf of our coun- AMERICAN AIRLINES STRIKE President to use the powers that Con- try. Mrs. HUTCHISON. Mr. President, I gress has given him to call an emer- I yield the floor. gency board together to give a 60-day The PRESIDING OFFICER. The Sen- am going to submit a resolution this afternoon and ask it be considered. It cooling-off period so that the negotia- ator from North Carolina. tions can continue. Mr. HELMS. Mr. President, I yield has not yet been cleared. I hope it will This is something that Congress and the remainder of my time. I suggest we be cleared so we will be able to vote on the President have worked out in the go to a vote. this resolution on Thursday if we do The PRESIDING OFFICER. All time not have a settlement of the American past. This is the process, Mr. President. having been yielded back, the question Airlines strike. Let us step up to the line, and we hope- is, Will the Senate advise and consent Mr. President, I am submitting this fully will be able to work with the President to make sure that he has all to the nomination of BILL RICHARDSON, resolution on behalf of myself, and of the tools necessary to do what is of New Mexico, to be U.S. Ambassador Senator GRAMM. Perhaps others will to the United Nations? The yeas and want to come forward as well. necessary to save this country from a nays have been ordered. The clerk will But, Mr. President, we have a very real economic hit that could come call the roll. serious economic crisis pending Friday within the next 3 or 4 days. The legislative clerk called the roll. about midnight. If we do not have some We can do something about it. The The PRESIDING OFFICER. Are there agreement by the two parties, Amer- President can do something about it. any other Senators in the Chamber de- ican Airlines and its pilots union, we And we are going to ask him to do that siring to vote? could hold up about one-fourth of the in this resolution. The result was announced—yeas 100, traveling public at the beginning of a As I said, I am going to submit this nays 0, as follows: holiday weekend. We could cause 75,000 later. I am going to ask for unanimous [Rollcall Vote No. 9 Ex.] other employees of American Airlines consent to be able to vote on this on YEAS—100 all over our country to be laid off with- Thursday. I hope it is a moot point by Abraham Feingold Lugar out pay. We are causing, if that hap- that time. It is very important that Akaka Feinstein Mack pens, other employees of rental car the President address right away this Allard Ford McCain companies—people who sell food to air- impending crisis that can affect the Ashcroft Frist McConnell lives of so many people and the fami- Baucus Glenn ports and to airlines—all of these peo- Mikulski lies of so many people in this country Bennett Gorton Moseley-Braun ple who have livelihoods, who have Biden Graham Moynihan families, to possibly be totally de- and the economies of so many States in Bingaman Gramm Murkowski this country. The ripple effect is dev- Bond Grams prived of their ability—— Murray Boxer Grassley Mr. CRAIG. Mr. President, the Sen- astating. We can do something about Nickles Breaux Gregg it. Reed ate is not in order. Brownback Hagel The PRESIDING OFFICER. The Sen- I hope that the President will use the Bryan Harkin Reid Bumpers Hatch Robb ator from Texas. powers that he has for that very pur- Burns Helms Roberts Mrs. HUTCHISON. Mr. President, we pose. Byrd Hollings Rockefeller are talking about the livelihoods of Thank you, Mr. President, and I yield Campbell Hutchinson Roth Chafee Hutchison Santorum hundreds of thousands of Americans, the floor. Cleland Inhofe Sarbanes and we are talking about even inter- Mr. MURKOWSKI addressed the Coats Inouye Sessions national travel and commerce and Chair. Cochran Jeffords Shelby goods that are going into international Collins Johnson The PRESIDING OFFICER. The Sen- Smith, Bob commerce. Conrad Kempthorne Smith, Gordon ator from Alaska. Coverdell Kennedy Snowe Mr. President, the effects of this Mr. MURKOWSKI. I thank the Chair. Craig Kerrey Specter strike are going to be so far reaching D’Amato Kerry Stevens Daschle that it will have an economic impact f Kohl Thomas DeWine Kyl on this country that will be quite se- Thompson Dodd Landrieu vere. Thurmond BALANCED BUDGET AMENDMENT Domenici Lautenberg The pilots union is meeting with the Dorgan Leahy Torricelli TO THE CONSTITUTION Durbin Levin Warner company as we speak. The deadline be- Enzi Lieberman Wellstone fore a strike is midnight this Friday. The Senate continued with the con- Faircloth Lott Wyden We have the opportunity with the reso- sideration of the joint resolution. The nomination was confirmed. lution that I am introducing to have a Mr. MURKOWSKI. Mr. President, I The PRESIDING OFFICER. Without sense of the Senate that the President counted it up the other day. This is my objection, the President will be noti- would use all of his persuasive powers 17th year of having the honor to rep- fied of the action of the Senate. to get these parties to sit down, and resent my State of Alaska in this body.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1220 CONGRESSIONAL RECORD — SENATE February 11, 1997 During that period I participated in current administration with outlays in stitutional amendment, elected offi- seven separate debates on this floor on 1997 of $1.6 trillion to the year 2000 at cials are incapable of fiscal manage- this very singular issue, and that is the $1.84 trillion. ment of the people’s business, and it amendment of our Constitution to re- The significance of what is occurring has taken the last 64 years to dem- quire that the budget be balanced. here is we are having to pay interest on onstrate this fact. A number of years ago, several of us this accumulated debt. The interest is Some say we can balance the budget unloaded a big van on the steps of the running $247 billion in 1997, $250 billion without this amendment. I say, OK, U.S. Senate. In that van were mail- in 1998, $252 billion in 1999, and $248 bil- prove it. There is nothing within our bags. And in those mailbags were let- lion in the year 2000. post-Depression experience to suggest ters from our constituents in over- I used to be in the banking business that this is even remotely possible. whelming support of an amendment to and I can tell you that interest is like Eight years out of 64 years with sur- the Constitution that would mandate a owning a horse that eats while you are pluses totaling $33 billion is hardly evi- balanced budget. asleep. It goes on and on, night and day dence that convinces me. Quite the Mr. President, in 1982 the Senate and holidays. No day is exempt from contrary. It proves to me that we must adopted the amendment but it failed in the accumulation of interest. have this amendment if we are ever the House. Since then, the amendment Here is our deficit, Mr. President: going to end deficit spending as busi- has failed in every year that we have $125 billion, $120 billion, $117 billion, $87 ness as usual in Washington, DC. engaged in this debate. In the inter- billion. One can say that is good news. Mr. President, the first 10 amend- vening decade and a half annual Fed- The deficit is declining. Let us look a ments to our Constitution, collectively eral spending has increased nearly $1 little further. known as the Bill of Rights, are the trillion and our national debt has quad- But I would note that if we did not seminal protections afforded citizens in rupled. have to pay interest on this accumu- a free society. They were adopted Mr. President, through this debate, lated debt, if we hadn’t accumulated against the backdrop of the 17th and my colleagues on both sides of the aisle all of these deficits, we would not have 18th century tyranny that the kings ar- have amply demonstrated the billions to pay nearly a trillion dollars in inter- bitrarily exercised over their subjects. and trillions that we have been spend- est in the next 4 years and instead of The Founders knew that these ing, and the meteoric rise of our na- running deficits for the next 4 years, rights—the freedom of speech, religion, tional debt. I do not intend to repeat we would have a surplus. We would and assembly—would not be guaran- those numbers. As the 10-foot stack of have a surplus of $122 billion this year, teed simply by congressional statute, budgets standing before me on the floor $130 billion in 1998, $135 billion in 1999, for what one Congress grants, another clearly show, for the past 28 years the and $161 billion in the year 2000. can easily take away. That is why Federal Government has been living on My point is that at the end of this these fundamental rights are enshrined debt. I find that rather ironic, Mr. timeframe of 1997, through the year within our Constitution. That is why President, in view of the fact that you 2000, our outlays will have been a little the concept of a balanced budget must and I and our constituents back home over $7 trillion, our interest will have also be added to the Constitution, for have to balance, if you will, our check- been just under $1 trillion—$997 billion. the evidence shows without any doubt books. But the Government goes Our deficit that we are adding would be that in this modern era of government, through a process of lengthy debate $450 billion. the President and Congress are simply and budgetary process of seeing what So, if you look at where we are incapable of balancing the budget ex- its revenues are, seeing what its ex- today, at the end of this year our na- cept perhaps in rare and unique cir- penditures are, and then whatever else tional debt is at $5.4 trillion. By the cumstances. it seems to need it is simply added to end of the year 2000, the national debt When future historians review the the national debt. will be $6.3 trillion. history of 20th century American Gov- Mr. President, I want to talk about So the increase in the national debt ernment, I fear that the legacy we will the awesome responsibility that we in the Clinton administration for leave behind will be an enormous debt have as stewards of this Nation to face roughly 8 years is projected to be $2.2 that we have passed on to the citizens up to the enormity of the challenge trillion. of the 21st century. When this new cen- that we are facing in changing the way The significance of these figures is a tury opens in just 3 years, we will have we govern and have been governing. bit startling, but the reality is if we accumulated a debt of more than $6 Mr. President, American Government were not strangled by $1 trillion in in- trillion, the carrying costs, as I have was transformed by the Great Depres- terest on the national debt in the next indicated, of which will be a quarter sion. In response to this crisis, our then 4 years, we could run a surplus and we trillion dollars annually. President Franklin Roosevelt in 1933 could give every American family a Who is going to pay off that debt? ushered in the age of social activist $2,500-per-child tax credit, not the $500 Well, consider, Mr. President, that the government, one of whose tenets was that is in the Republican proposal but largest surplus this Government has that in times of economic stress the $2,500. Or we could give every American ever run was a mere $11 billion in 1948. Government would actively intervene family a $1,500-per-child tax credit and In inflation adjusted dollars, that is to restart the economy. Thus was born every American citizen a 10 percent equivalent to a surplus today of ap- the age of peacetime deficit spending. across-the-board tax cut. Or give every proximately $84 billion. Unfortunately, what has ensued in American a 20 percent across-the-board If, starting in the year 2000, we could the intervening 64 years is that the tax cut. replicate our 1948 experience and have Federal Government has become in- That is the significance of the neces- an annual surplus of $84 billion, the na- capable of weaning itself from this ad- sity of this legislation which will take tional debt of the United States would diction to deficit spending. Whether in away deficit financing and allow us to not be eliminated until the year 2073. periods of strong growth or modest develop a surplus, do away with the in- That gives you some idea of the legacy growth, the Federal Government runs terest and get a hold of this continuing we are passing on. deficits. In fact, in only 8 years since national debt which does not go away In other words, under the most opti- the Depression has the Federal Govern- until we reduce the deficit. mistic circumstances, the citizens who ment operated with a surplus. Some say, well, why do we need a are alive for the first 75 years of the But even that fact is somewhat mis- constitutional amendment to do it? My next century will be shackled with pay- leading for I would note that the Fed- answer is rather simplistic, Mr. Presi- ing the debts their parents and grand- eral surplus in those 8 years was a dent. We have not had the self-dis- parents and great-grandparents accu- mere $33 billion. Compare that with 56 cipline to do it ourselves. We could do mulated. And we all know it is un- years of deficits cumulating in a na- it ourselves, but it has not been done. likely we will sustain such large sur- tional debt of more than $5.2 trillion. I say to my colleagues who have any pluses throughout the next century. Let me refer to the chart here on my doubt about the wisdom of this amend- More likely, it will take 100 years or left. I hope that the President can view ment: The evidence is overwhelming more to pay off this debt, only if we this. It covers the next 4 years of the that without the discipline of a con- start now.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1221 Can there be anyone in this Chamber budgets that are housed in this stack our presence oftentimes causes other who believes that the citizens in Amer- of budgets. nations to think differently about how ica who will be alive in the year 2097 Of these 28 budgets, 14 of them were they would conduct their business, ought to be saddled with paying the in- intended to be deficit budgets, with no both internally and externally. Yet, terest on the debt that we are accumu- excuse or no apology on the part of the today, 17 times as much on interest is lating today—money, I might add, that Congress that passed them. But there paid as on international affairs. So, for is not being used to finance long-term were the other 14 you would find in the those of our constituents who say you investments or jobs or inventory in language of the book that would sug- are spending too much on foreign aid, I this country but money that is being gest the intent was to balance in the would say we are spending 17 times used to pay interest on the national future, or it was designed as a sequence more on debt, interest on debt. Again, debt. of budgets to balance. clearly spelling out the priorities that That is right; that is what we are Interestingly enough, that is the we have forced ourselves into as a doing. very debate this Congress and our great nation, simply because we could In my view, this amendment is an President are involved in at this mo- not control our spending appetite. economic bill of rights for future gen- ment. In fact, the President was here We pay 11 times as much on interest erations of this country. It is equally today in the President’s Room just be- as on natural resources and the envi- as important as the Bill of Rights we hind the Chamber discussing his budget ronment. This President, this adminis- now take for granted as the foundation proposal and the leaders of our Senate tration, likes to call itself the environ- for this great Nation. were there along with the leaders of mental administration. And there is It finally will force Government to the House comparing notes and decid- not a Senator on this floor who does learn that it cannot borrow indefi- ing where they might work together to not want to make sure that Govern- nitely. It rearranges the rules of Gov- bridge the gap of the kind of impasse ment policy in cooperation with the ernment as never before in our history, we have had and get to a balanced private sector promotes a positive, cleaner environment. And yet, today, for it requires us to face up to the fact budget. But it is not a balanced budget. when it comes to priorities of dollars that we can only spend as much as we It is one budget of a series of budgets and cents, we pay 11 times more to take in in revenues, as we dictate to that promises to bring balance by a service the debt created by these 28 our private citizens. And it stands for given time, in this case by the year budgets as we do on interest rates. 2002, as did 14 of these budgets. the proposition that building debt on Where are our priorities? They are to Mr. President, 28 years later, 14 budg- top of debt is morally and fiscally irre- pay our creditors so we can continue to ets in deficit and 14 intended to be bal- sponsible to Americans who have not have debt. even been born yet. That is what we anced, we now are faced with the cir- We spend 10 times as much on inter- are doing. cumstance the Senator from Alaska est as on the administration of justice. The legacy of the 105th Congress has spoken about, a $5.3 trillion debt, That is the Justice Department, that is must be that we, at the end of this cen- $250 to $260 billion of interest paid on the FBI, that is our engagement in the tury, have recognized the responsi- debt depending on the rate of interest war on drugs, that is trying to curtail bility we have to future generations, and the amount our notes are nego- illicit activities that flow across our that we will no longer buy now and put tiated under, under the 3-year cycle borders that somehow damage our citi- off paying indefinitely. The time is under which our notes get renegoti- zenry. Yet, if you looked at our budget now to finally stand up and change the ated, and here is the rest of the story. today, you would say that Congress is way we have been governing for the The President, and I do not question more preoccupied with paying interest past 60 years. his sincerity, presents a budget for fis- on debt than they are with protecting I thank the Chair for its attention. cal year 1998, of the U.S. Government, our citizens against drugs, if you were I yield the floor. that will have about 250 billion dollars’ to look at the actual expenditure of The PRESIDING OFFICER [Mr. worth of net interest costs, which is money. Why? Because 30 years worth of ALLARD]. Who seeks recognition? about 14.8 percent of the entire Federal fiscal irresponsibilities have forced us The Senator from Idaho. budget. Here is what happens in a Gov- to pay more attention to servicing our Mr. CRAIG. Mr. President, we are ernment like ours when we have to debt than the flow of drugs across our under no specific time restraints per commit such a phenomenal amount of borders and the kind of impact they side, are we, at this moment? our resource to interest on debt. Let have on our citizens and our children. The PRESIDING OFFICER. The Sen- me give these comparatives. This is We pay six times as much on interest ator is correct. work that has been done by our policy as on benefits and services for vet- Mr. CRAIG. I thank the Chair. I committee as an examination of re- erans. A very large veterans group is thank my colleague, the Senator from ality because, when we talk about 250 now visiting our community, this Na- Alaska, for making a very clear state- billion dollars’ worth of interest on tion’s Capitol. I was just visited by a ment of what happens when a country debt, to serve debt, that means that nice contingent of Veterans of Foreign creates the kind of debt which our creditors, people who buy our bonds, Wars. This evening, there is a large country has over the last 30 years and are owed money. A fair amount of that gathering of hundreds of Veterans of the kind of priorities we have to shift flows to foreign countries and foreign Foreign Wars in this city, men and to in funding simply to service debt. interest, but a fair amount of it flows women who put their lives on the line The Senator from Alaska talked to our own citizens and to their stocks to protect our freedom. Many of them about the impact of interest on debt. and to their trust accounts. are concerned about the future of the Standing here or sitting here or But 250 billion dollars’ worth of net Veterans Administration and the vet- stacked here beside me are 28 budgets, interest in the President’s 1998 fiscal erans health care delivery system, and 28 consecutive budgets of the last 28 budget is something like this. It is 21 will we honor our commitment to them fiscal years of our Government that times as much on interest as we are and to the World War II veterans who have been out of balance. In other spending on agricultural programs. In are now reaching a peak in their need words, that have had deficits that got other words, our priority in budgeting for health care services? Yet, today, spun into debt that have created the today is to spend 21 times more on in- this Government, by the nature of its $5.3 trillion debt we have today. terest than we do on agriculture. So fiscal irresponsibility of the last 28 As a result of that, in the last fiscal our priority is not agriculture, it is years, is going to pay six times more cycle and the one we are currently in paying our debt. Better spoken, I on interest as on the benefits and serv- and the one we are currently exam- should say paying our creditors who ices to veterans. Is it our priority? It ining, this Senate and the Congress at have loaned us their money to service has to be our priority if we are to large is going to have to consider out- the debt. maintain our fiscal solvency as a na- lays of upwards of $250 billion to $260 What about international affairs? We tion. We must progressively ignore the billion to pay the interest on this stack are the last great superpower of the true interests and priorities of our of books or, more clearly spoken, on cold war period. We play an important country in light of paying our credi- the debt that was generated by the role in the decisions of the world and tors.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1222 CONGRESSIONAL RECORD — SENATE February 11, 1997 Four times as much on interest as on Who do we owe it to? We owe it to a mechanism to bring the kind of polit- education, training, and employment lot of people. But most important, we ical and fiscal discipline and responsi- programs; yet our President, in his owe it to future generations, because it bility that this Congress must have, State of the Union, just this past week is our children and our grandchildren because there isn’t a Senator on this prioritized for our Nation and for the who will pay off the debt. More impor- floor who can just vote it without the decade ahead the issue of our involve- tant, if we continue to create debt real discipline that a Constitution ment in education at all levels. None of without servicing debt, without bring- brings. us disputes that priority. All of us rec- ing debt down in the future, more and So this is why I hope that, in the en- ognize that our public schools are in more of the resources of our young, suing days, all of our colleagues join need and, in many instances, they are when they grow to maturity, will have together to support the balanced budg- failing. Yet, today, as we wrestle with to go to pay the creditor instead of et amendment to our Constitution and the 1998 budget, what will be the first fund the kind of Government they to give the citizens of this country the priority? Funding interest on debt cre- want, or to fund the kind of services right, under the Constitution, to de- ated by irresponsible Congresses of the they want from Government; but, more bate the issue in the capitals of their past that generated 5.3 trillion dollars’ important, to keep some of their own States to determine whether they want worth of debt. So where in all of these money so they can have their own lives to change the organic law of this coun- priorities will education fall? It is not and their own families, and have their try to discipline this Government to going to be first. It cannot be first. part of the American dream as our gen- cause this Government to react in a What is first? Paying interest on debt. eration has had it. way that they perceive, as I, to be a It has to be taken right off the top. It There need not be any pointed finger much healthier action on behalf of the has to be taken right off the top of or accusation as to whose fault these economy, the citizens and future gen- Government expenditures, just the way budgets have been, because, while most erations. Mr. President, I yield the floor. interest on serving the debt in the pri- of them in the 28-year period could be, vate sector is taken right off the top of The PRESIDING OFFICER. Who arguably, Democratic budgets, a fair seeks recognition? all the money coming in. Because if number of them were Republican budg- you do not take it off the top, and you Mr. DODD addressed the Chair. ets. The PRESIDING OFFICER. The Sen- do not pay your debts or your interest A fair number of them were created ator from Connecticut. on debts, if you do not service your under Republican Presidents. All of Mr. DODD. Mr. President, at some debt you do not borrow any money. them were out of balance, and all of point, I believe a unanimous-consent You are busted. You are bankrupt. And them had deficits, and all of them cre- request will be entered into, and we that, of course, is exactly what has ated the $5.3 trillion debt that this will set out the agenda for tomorrow’s happened to this country. country experiences today. business, including an allocation of Now, nearing the largest single item So I really think we ought to quit time for morning business, as well as in the Federal budget is interest on chasing our tail. The arguments that an allocation of time for an amend- debt. So when our colleagues stand on we have heard for the last decade are ment, which I will shortly propose, to the floor and say, as the President said the same arguments, and the President be considered. the other night, ‘‘Oh, gee whiz, you makes the argument today that is cer- I gather the respective leaders are guys have the votes and I have the sig- tainly not original that a few Presi- working on that. In anticipation, Mr. nature. You pass a balanced budget and dents before him have made but all President, I have been asked, in order I will sign it,’’ what this President who oppose a balanced budget amend- to move the process along and make knows and what he clearly has dem- ment to our Constitution make. And sure we have some business to conduct onstrated in the budget that he has that is that you cannot tie the hands of tomorrow, to submit an amendment. I sent to the Hill, is that it is not in bal- Government, that this would be much will briefly describe the amendment ance. It is about $120 to $130 to $140 to too rigid, that it would cause conflict this afternoon and then yield the floor. $150 billion out of balance for the next within the economy, that it might Based on the allocation of time the 5 years. Then, if he really honors the cause us to not have the priorities in leaders are able to agree upon, we will tax cuts—which he does not, because Government that we want. engage more fully in the debate tomor- he agrees in his budget that he takes What they are really all saying is row. them back to fund the deficit to create that nobody is willing to make the the balance in the outyears, because he AMENDMENT NO. 4 tough choices, and 28 years of budgets needs more money—what he is really (Purpose: To simplify the conditions for a clearly demonstrate that. That is why saying is that his budget is not in bal- declaration of an imminent and serious threat to national security) ance. Why? Partly because of interest I think it is important that we reflect Mr. DODD. Mr. President, I send an on debt. on the words of Thomas Jefferson who Where does the National Government said that if there is 1 more amendment amendment to the desk. The PRESIDING OFFICER. The get $250 billion to pay its interest to the 10, the 11th amendment he would have added was to disallow the ability clerk will report the amendment. costs? By adding together all corporate The assistant legislative clerk read income taxes, that is only $190 billion. of Government to borrow, because he as follows: Believe it or not, if we choose to double was fearful of a representative republic corporate income tax in this country being able to vote itself money, and we The Senator from Connecticut [Mr. DODD] have done that year in and year out. proposes an amendment numbered 4. we would just get enough and a little On page 3, line 7, strike beginning with more to pay interest on debt. And all As a result of that, we are now here ‘‘is’’ through line 11 and insert ‘‘faces an im- Federal excise taxes—that is $61 bil- wrestling, as all Presidents and Con- minent and serious military threat to na- lion. I think the point I am making, gresses do, with what do we do with the tional security as declared by a joint resolu- and the point the Senator from Alaska debt, what do we do with the deficit, tion.’’. made, is we do not believe the Congress and where do we find the money to Mr. DODD. Mr. President, that is the truly has the will. We do not believe spend on some of these critical pro- sum and substance of the amendment. any President, Republican or Demo- grams. Very briefly, the proposed language crat, can find the total will to work The Senator from Alaska is right. on the balanced budget constitutional for, make the tough choices, and get to When a nation overspends itself, when amendment, section 5, reads as follows: a balanced budget in the kind of time- a Congress no longer prioritizes as to The Congress may waive the provisions of frame and with the kind of reasonable- where the limited resources of the tax this article for any fiscal year in which a ness that the American people have de- dollars go, but takes $250 billion right declaration of war is in effect. The provisions manded of us. That is why I and others off the top and says that has to go to of this article may be waived for any fiscal so strongly believe we need the kind of interest on debt, Mr. President, it is year in which the United States is engaged in military conflict which causes an immi- constitutional framework to operate time we change, and that is why many nent and serious military threat to national within, that creates the kind of polit- of us have stood on this floor and ar- security and is so declared by a joint resolu- ical discipline and fiscal discipline to gued for years that this is the mecha- tion, adopted by a majority of the whole produce a balanced budget. nism to bring that change, this is the number of each House, which becomes law.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1223 My concerns with this provision, Mr. vote on this tomorrow afternoon. HONORING RALPH W. WRIGHT OF President, are addressed, I believe, by Again, this will depend on when the WEST POINT, KY, FOR 50 YEARS the amendment that we will consider leaders are able to agree on a time for OF SERVICE TO FIREFIGHTING tomorrow. Very briefly, if one reads debate and a vote. Mr. FORD. Mr. President, on Satur- this section very carefully, word for With that, Mr. President, I yield the day, February 8, 1997, the community word, and I emphasize in my reading of floor and suggest the absence of a of West Point, KY held its annual Vol- this section the language that is of par- quorum. unteer Fire Department and EMS Ap- ticular concern to me, and that is ‘‘is The PRESIDING OFFICER. The preciation Banquet. Each year, this engaged in military conflict’’—now the clerk will call the roll. banquet honors and celebrates those in earlier language, ‘‘a declaration of The assistant legislative clerk pro- the community who have been instru- war,’’ troubles me as well—it seems to ceeded to call the roll. mental in supporting the mission of mean we would have to be in the midst Mr. CRAIG. Mr. President, I ask the volunteer fire department and EMS of a conflict before we can waive the unanimous consent that the order for services. This year, the community provisions of the amendment. There the quorum call be rescinded. honored one man, Ralph W. Wright, have been numerous examples through- The PRESIDING OFFICER. Without who has given 50 years of his life to the out our history in which we were very objection, it is so ordered. safety of the citizens of West Point. much aware that an imminent danger UNANIMOUS-CONSENT AGREEMENT—AMENDMENT Mr. Wright has been a member of the was on the horizon and we, in prepara- NO. 4 fire department for the last 50 years. tion of that imminent danger, were Mr. CRAIG. Mr. President, I ask He began as a firefighter and worked able to respond, utilizing deficit fi- unanimous consent the Senate resume his way up through the ranks to chief, nancing to do it. consideration of Senator DODD’s a position he held for 27 years. After a If you wait until we are actually en- amendment regarding national secu- long and distinguished career in the gaged in that conflict, it seems to me rity beginning at 1:30 on Wednesday fire department, Mr. Wright did not let you are running the risk of leaving this with the time between 1:30 and 5:30 retirement prevent him from fighting country very, very vulnerable, particu- equally divided in the usual form. I fur- fires. In fact, in his retirement, Mr. larly with weapons of mass destruction ther ask unanimous consent that at Wright continues to serve as a fire- that have the capability of causing 5:30 the Senate proceed to a vote on or fighter—who still makes the first truck great harm to our Nation. in relation to the Dodd amendment out of the station. In addition, to his This amendment attempts to address and, finally, no amendment be in order service as a firefighter, he was a volun- that issue. If there is an imminent to the amendment. teer EMT on the ambulance service for threat to our national security—and The PRESIDING OFFICER. Is there several years. then allowing for the different provi- objection? Because of his tireless efforts on be- sion here—we would have a resolution Mr. DODD. No objection. half of the citizens of West Point, to- adopted by both Houses where a major- The PRESIDING OFFICER. There day’s volunteer fire department is what ity of those present and voting would being no objection, it is so ordered. it is today: dedicated to the safety of be necessary in case of some emer- f all its citizens; prepared to battle fires gency circumstance—I see, for exam- and hazardous material spills; respond- ple, my good friend and colleague from ORDER OF PROCEDURE ing to protect the community from Idaho who has some distance to travel Mr. CRAIG. Mr. President, for the in- floods and other natural disasters. to get to Washington—where some- formation of all Senators, the leader- In addition to his work on behalf of thing may happen and Members are not ship has decided there will be no fur- the safety of the citizens of West Point, able to get back here as quickly as ther votes this evening. I suggest the Mr. Wright has been a strong and ac- they may need to. absence of a quorum. tive supporter of the Crusade for Chil- We would not be able to meet that The PRESIDING OFFICER. The dren. The citizens of West Point have constitutional requirement if the un- clerk will call the roll. been well served by Ralph Wright. He is derlying balanced budget amendment The assistant legislative clerk pro- an outstanding citizen and a shining is adopted, because you would need 51 ceeded to call the roll. example to all. I know that the com- Senators. The amendment that I offer Mr. CRAIG. Mr. President, I ask munity of West Point holds Ralph addresses both points; that is, enables unanimous consent that the order for Wright in the highest of esteem. This is a response prior to actually being en- the quorum call be rescinded. an honor that is long overdue and I am gaged in military conflict and allows The PRESIDING OFFICER. Without delighted to share this event with my for a joint resolution to be adopted objection, it is so ordered. colleagues. I extend my heartfelt con- with less than the whole number of f each House. gratulations to Ralph Wright and to Again, I will wait until tomorrow, MORNING BUSINESS his family on this special occasion. Mr. President, to discuss this further. (During today’s session of the Sen- f This is an amendment, I remind my ate, the following morning business HONORING THE WILLIAMS ON colleagues, which has been raised in was transacted.) THEIR 50TH WEDDING ANNIVER- very similar form on previous occa- f SARY sions. Regardless of whether one is for THE VERY BAD DEBT BOXSCORE the balanced budget amendment or Mr. ASHCROFT. Mr. President, fami- not, it seems to me we do not want to Mr. HELMS. Mr. President, at the lies are the cornerstone of America. place ourselves in the position, obvi- close of business yesterday, Monday, The data are undeniable: Individuals ously, of restricting our ability, par- February 10, the Federal debt stood at from strong families contribute to the ticularly where our national security is $5,302,292,166,231.47. society. In an era when nearly half of in imminent danger and our Nation is Five years ago, February 10, 1992, the all couples married today will see their in jeopardy and not able to respond. Federal debt stood at $3,794,592,000,000. union dissolve into divorce, I believe it I cannot think of a single Member Ten years ago, February 10, 1987, the is both instructive and important to who would want to be put in a position, Federal debt stood at $2,225,440,000,000. honor those who have taken the com- as important as balancing the budget Fifteen years ago, February 10, 1982, mitment of ‘‘till death us do part’’ seri- is, where we would be willing to risk a the Federal debt stood at ously, demonstrating successfully the threat to this country on that par- $1,033,575,000,000. timeless principles of love, honor, and ticular altar. Twenty-five years ago, February 10, fidelity. These characteristics make So I hope Members, this evening and 1972, the Federal debt stood at our country strong. tomorrow, before we have time to de- $424,269,000,000 which reflects a debt in- For these important reasons, I rise bate this amendment, will look at it crease of more than $4 trillion today to honor Wade and Flo Williams carefully and consider it in hopes that ($4,878,023,166,231.47) during the past 25 of Springfield, MO who on February 10, I might garner their support when we years. 1997, will celebrate their 50th wedding

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1224 CONGRESSIONAL RECORD — SENATE February 11, 1997 anniversary. My wife, Janet, and I look under section 8 of the Fishermen’s Pro- dian efforts to address takings of ma- forward to the day we can celebrate a tective Act of 1967, as amended (the rine mammals within the newly formed similar milestone. Wade and Flo’s com- ‘‘Pelly Amendment’’) (22 U.S.C. 1978), Arctic Council. I have further in- mitment to the principles and values of that Canada has conducted whaling ac- structed the Department of State to their marriage deserves to be saluted tivities that diminish the effectiveness oppose Canadian efforts to address and recognized. of a conservation program of the Inter- trade in marine mammal products f national Whaling Commission (IWC). within the Arctic Council. These ac- The certification was based on the tions grow from our concern about TRIBUTE TO PROCTOR JONES issuance of whaling licenses by the Canada’s efforts to move whaling Mr. KENNEDY. Mr. President, I join Government of Canada in 1996 and the issues to fora other than the IWC and, my colleagues in paying well-deserved subsequent killing of two bowhead more generally, about the taking of tribute to Proctor Jones, who is leav- whales under those licenses. This mes- marine mammals in ways that are in- ing the Senate to continue working sage constitutes my report to the Con- consistent with sound conservation with our distinguished former col- gress pursuant to subsection (b) of the practices. league from Louisiana, Senator Ben- Pelly Amendment. Second, I have instructed the Depart- nett Johnston. Like Senator Johnston, In 1991, Canadian natives took a ment of Commerce, in implementing Proctor will be greatly missed in the bowhead whale from the western Arctic the Marine Mammal Protection Act, to Senate. stock, under a Canadian permit. In withhold consideration of any Cana- Proctor Jones has been an out- 1994, Canadian natives took another dian requests for waivers to the exist- standing staff member who has served bowhead whale from one of the eastern ing moratorium on the importation of the Senate and the American people Arctic stocks, without a permit. seals and/or seal products into the well for almost four decades. With his In 1996, under Canadian permits, one United States. vast experience on appropriations bowhead whale was taken in the west- Finally, the United States will con- issues and his skill at weighing com- ern Canadian Arctic on July 24 and one tinue to urge Canada to reconsider its plex priorities, Proctor has earned the bowhead whale was taken in the east- unilateral decision to authorize whal- respect of the entire Senate over the ern Canadian Arctic on August 17. The ing on endangered stocks and to au- years. He has also earned the deep ap- whale in the eastern Arctic was taken thorize whaling outside the IWC. preciation of other staff members for from a highly endangered stock. The I believe the foregoing measures are his signature style—unerring gracious- IWC has expressed particular concern more appropriate in addressing the ness and pleasantness, even under in- about whaling on this stock, which is problem of Canadian whaling than the tense pressure. Proctor represents the not known to be recovering. imposition of import prohibitions at best of Senate civility, and he will be None of the Canadian whale hunts de- this time. long remembered by all of us. scribed above was authorized by the I have asked the Departments of It has been my particular pleasure to IWC. Canada withdrew from the IWC in Commerce and State to keep this situ- work closely with Proctor on a number 1982. In those instances where Canada ation under close review. of projects in Massachusetts which issued whaling licenses, it did so with- WILLIAM J. CLINTON. have been conducted by the U.S. Army out consulting the IWC. In fact, Can- THE WHITE HOUSE, February 10, 1997. Corps of Engineers, and which have sig- ada’s 1996 actions were directly con- nificantly improved public safety, the trary to IWC advice. At the 1996 Annual f environments, and the economy of our Meeting, the IWC passed a resolution State. I am grateful for Proctor’s lead- encouraging Canada to refrain from REPORT OF PROPOSED RESCIS- ership on these issues and many others. issuing whaling licenses and to rejoin SIONS OF BUDGETARY RE- He represents the best in public serv- the IWC. However, Canada has recently SOURCES—MESSAGE FROM THE ice, and I wish him well in the years advised the United States that it has PRESIDENT—PM 14 ahead. no plans to rejoin the IWC and that it The Presiding Officer laid before the f intends to continue granting licenses Senate the following message from the MESSAGES FROM THE PRESIDENT for the taking of endangered bowhead President of the United States, to- whales. Messages from the President of the gether with an accompanying report; Canada’s unilateral decision to au- referred jointly, pursuant to the order United States were communicated to thorize whaling outside of the IWC is the Senate by Mr. Williams, one of his of January 30, 1975, to the Committee unacceptable. Canada’s conduct jeop- on the Budget, to the Committee on secretaries. ardizes the international effort that EXECUTIVE MESSAGES REFERRED Appropriations, to the Committee on has allowed whale stocks to begin to Agriculture, Nutrition, and Forestry, As in executive session the Presiding recover from the devastating effects of Officer laid before the Senate messages to the Committee on Armed Services, historic whaling. to the Committee on Energy and Nat- from the President of the United I understand the importance of main- States submitting sundry nominations ural Resources, to the Committee on taining traditional native cultures, and Banking, Housing, and Urban Affairs, which were referred to the appropriate I support aboriginal whaling that is committees. to the Committee on the Judiciary, to managed through the IWC. The Cana- the Committee on Governmental Af- (The nominations received today are dian hunt, however, is problematic for printed at the end of the Senate pro- fairs, and to the Committee on Fi- two reasons. nance. ceedings.) First, the whaling took place outside f the ICW. International law, as reflected To the Congress of the United States: REPORT CONCERNING THE INTER- in the 1982 United Nations Convention In accordance with the Congressional NATIONAL WHALING COMMIS- on the Law of the Sea, obligates coun- Budget and Impoundment Control Act SION—MESSAGE FROM THE tries to work through the appropriate of 1974, I herewith report nine proposed PRESIDENT—PM 13 international organization for the con- rescissions of budgetary resources, to- servation and management of whales. taling $397 million, and one revised de- The Presiding Officer laid before the Second, whaling in the eastern Cana- ferral, totaling $7 million. Senate the following message from the dian Arctic poses a particular con- The proposed rescissions affect the President of the United States, to- servation risk, and the decision to take Departments of Agriculture, Defense- gether with an accompanying report; this risk should not have been made Military, Energy, Housing and Urban which was referred to the Committee unilaterally. Development, and Justice, and the on Commerce, Science, and Transpor- I believe that Canadian whaling on General Services Administration. The tation. endangered whales warrants action at deferral affects the Social Security Ad- To the Congress of the United States: this time. ministration. On December 12, 1996, Secretary of Accordingly, I have instructed the WILLIAM J. CLINTON. Commerce Michael Kantor certified Department of State to oppose Cana- THE WHITE HOUSE, February 10, 1997.

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MESSAGES FROM THE HOUSE National Marine Sanctuary, (RIN0648–AD85) Amount Date Donee received on February 10, 1997; to the Com- At 2:17 p.m., a message from the mittee on Commerce, Science, and Transpor- 500 11–4–96 Tom Allen House of Representatives, delivered by 500 11–4–96 Rod Blagojevich tation. 500 11–4–96 Leonard Boswell Ms. Goetz, one of its reading clerks, an- EC–1053. A communication from the Chair- 500 11–4–96 Walter Capps man of the Surface Transportation Board, 500 11–4–96 Jim Davis nounced that pursuant to section 8002 500 11–4–96 Judy Hancock of the Internal Revenue Code of 1986, transmitting, pursuant to law, the report of 500 11–4–96 Carolyn McCarthy the Committee on Ways and Means des- a rule relative to Ex Parte No. 555, received 500 11–4–96 Loretta Sanchez on February 7, 1997; to the Committee on 500 11–4–96 Vic Snyder ignated the following Members to serve Commerce, Science, and Transportation. 500 11–4–96 Dick Swett on the Joint Committee on Taxation 500 11–4–96 Jim Turner f 500 11–4–96 Bill Yellowtail for the 105th Congress: Mr. ARCHER, Mr. 500 10–31–96 Brian Baird 500 10–31–96 Bob Coffin CRANE, Mr. THOMAS, Mr. RANGEL, and EXECUTIVE REPORTS OF 500 10–31–96 Bob Etheridge Mr. STARK. COMMITTEES 500 10–31–96 Lane Evans 500 10–31–96 Elizabeth Furse That pursuant to section 161 of the The following executive report of 500 10–31–96 Sam Gejdenson Trade Act of 1974, the Committee on committee was submitted: 500 10–31–96 Darlene Hooley 500 10–31–96 Eddie Bernice Johnson Ways and Means recommended the fol- By Mr. HELMS, from the Committee on 500 10–31–96 Tim Johnson lowing Members to serve as official ad- Foreign Relations: 500 10–31–96 Dale Kildee 500 10–31–96 Dennis Kucinich visors for international conference Bill Richardson, of New Mexico, to be the 500 10–31–96 Bill Orton meetings and negotiating session on Representative of the United States of Amer- 500 10–31–96 Steve Owens ica to the United Nations with the rank and 500 10–31–96 Bill Pascrell trade agreements: Mr. ARCHER, Mr. status of Ambassador Extraordinary and 500 10–31–96 Steve Rothman CRANE, Mr. THOMAS, Mr. RANGEL, and 500 10–31–96 Adam Smith Plenipotentiary, and the Representative of 500 10–31–96 Debbie Stabenow Mr. MATSUI. the United States of America in the Security 500 10–31–96 Rick Weiland Council of the United Nations. 500 10–31–96 Rick Zbur f 500 10–17–96 John Wertheim Nominee: William Blaine Richardson. 1,000 10–14–96 Art Trujillo EXECUTIVE AND OTHER Post: U.S. Representative to the United 1,000 10–7–96 Dick Durbin COMMUNICATIONS Nations. 500 10–3–96 Julia Carson The following is a list of all members of 500 10–3–96 Diana DeGette The following communications were 500 10–3–96 Maurice Hinchey my immediate family and their spouses. I 300 10–3–96 Joe Keefe laid before the Senate, together with have asked each of these persons to inform 500 10–3–96 Ted Little accompanying papers, reports, and doc- me of the pertinent contributions made by 500 10–3–96 Jim Maloney 500 10–3–96 Peter Navarro uments, which were referred as indi- them. To the best of my knowledge, the in- 500 10–3–96 David Price cated: formation contained in this report is com- 500 10–3–96 Kevin Quigley 500 10–3–96 Loretta Sanchez EC–1045. A communication from the Direc- plete and accurate. 1. Self.—While I have not made any per- 500 10–3–96 Ted Strickland tor of the Defense Procurement, Under Sec- 500 10–3–96 Dan Williams sonal contributions, the following contribu- retary of Defense, transmitting, pursuant to 500 10–3–96 Bob Wilson tions were made with my concurrence from 500 9–30–96 George Brown law, a rule entitled ‘‘Defense Acquisition my principal campaign committee, New 500 9–20–96 Ron Coleman Regulation Supplement’’ received on Feb- 500 8–3–96 John Byron Mexicans for Bill Richardson: ruary 10, 1997; to the Committee on Armed 500 8–3–96 Bill Yellowtail 2,000 8–1–96 Ed Pastor Services. Amount Date Donee 1,000 7–26–96 Barbara Rose Collins EC–1046. A communication from the Fed- 500 7–9–96 Sanford Bishop eral Register Liaison Officer, Office of Thrift $1,000 1–29–92 Ron Coleman for Congress 500 6–18–96 Sylvester Reyes 500 1–23–92 Committee to Re-elect 1,000 6–13–96 Harold Ford Jr. Supervision, transmitting, pursuant to law, Charlie Hayes 500 6–13–96 Bill Luther the report of a rule entitled ‘‘Expanded Ex- 1,000 2–6–92 David R. Nagle for Con- 500 6–13–96 Earl Pomeroy amination Cycle for Certain Small Insured gress 1,000 6–6–96 Bart Gordon 1,000 2–25–92 Russo for Congress 500 5–25–96 Shirley Baca Institutions,’’ (RIN1550–AB02) received on 1,000 1–31–92 Swett for Congress 500 5–25–96 Don Payne February 7, 1997; to the Committee on Bank- 1,000 4–10–92 Jim Moody for Senate 500 5–25–96 Jack Reed ing, Housing, and Urban Affairs. 500 5–5–92 Oakar for Congress 500 5–25–96 John Wertheim 1,000 5–7–92 Ben Reyes for Congress 1,000 3–5–96 Luis Gutierrez EC–1047. A communication from the Sec- 500 5–6–92 Roybal Allard for Congress 1,000 1–23–96 Richard Durbin retary of the U.S. Securities and Exchange 500 4–1–92 Sikorski for Congress 1,000 1–23–96 Bob Filner Commission, transmitting, pursuant to law, 1,000 4–10–92 Pat Williams Campaign 2,000 1–23–96 Richard Swett Committee 500 11–15–95 Jerry Estruth the report of a rule relative to disclosure re- 1,000 5–11–92 Woman’s Campaign Fund 500 11–15–95 Jesse Jackson Jr. quirements, (RIN3235–AF91) received on Feb- 250 5–25–92 Barbara Boxer for Senate 500 10–11–95 Bill Luther ruary 7, 1997; to the Committee on Banking, 1,000 6–28–92 Ben Campbell for Senate 500 10–11–95 Karen McCarthy 1,000 5–25–92 Mel Levine for Senate 500 10–11–95 Mike Ward Housing, and Urban Affairs. 500 8–5–92 Bonker for Senate 500 2–3–95 Mel Reynolds EC–1048. A communication from the Sec- 250 8–5–92 Carol Mosely Braun for 500 11–8–94 Dan Glickman retary of the U.S. Securities and Exchange Senate 500 11–8–94 Karen Thurman 1,000 8–6–92 Bob Carr for Senate 500 11–2–94 Thomas Barlow Commission, transmitting, pursuant to law, 1,000 7–11–92 DNC Victory Fund 500 11–2–94 Chuck Blanchard the report of a rule relative to net capital, 5,000 9–6–92 DCCC 250 11–2–94 Gerry Brewster 1,000 9–6–92 Democratic Leadership (RIN3235–AG15) received on February 7, 1997; 500 11–2–94 Jack Brooks Council 500 11–2–94 John Bryant to the Committee on Banking, Housing, and 1,000 7–13–92 Luis Gutierrez for Congress 250 11–2–94 Walter Capps Urban Affairs. 1,000 8–5–92 Hefner for Congress 500 11–2–94 Dennis Dutremble 1,000 9–10–92 Kosmayer for Congress EC–1049. A communication from the Ad- 500 11–2–94 Elizabeth Furse 1,000 8–4–92 Phil Schiliro for Congress 500 11–2–94 Dale Kildee ministrator of the Food and Consumer Serv- 1,000 8–5–92 Dan Sosa for Congress 250 11–2–94 Bill Leavens ice, Department of Agriculture, transmit- 500 8–6–92 Friends of Harley Staggers 250 11–2–94 Craig Mathis 250 10–9–92 Friends of Byron Dorgan ting, pursuant to law, a rule entitled ‘‘Child 500 11–2–94 Harriet Spanel 500 10–9–92 Luis Gutierrez for Congress 500 11–2–94 Richard Swett and Adult Care Food Program,’’ (RIN0584– 250 10–9–92 Lucille Roybal-Allard for 250 11–2–94 Catherine Webber AC42) received on February 7, 1997; to the Congress 250 11–1–94 David Adkisson 250 10–9–92 Sarpalius for Congress Committee on Agriculture, Nutrition, and 500 10–28–94 Maria Cantwell 250 10–9–92 Jim Jontz for Congress 500 10–28–94 Ron Coleman Forestry. 300 10–9–92 Friends of Rosa DeLauro 500 10–28–94 George Hochbrueckner EC–1050. A communication from the Sec- 500 10–9–92 Les AuCoin for Senate 500 10–28–94 Joe Hogsett 500 10–6–92 Bustamante for Congress retary of Transportation, transmitting, pur- 500 10–28–94 Bill Luther 1,000 10–23–92 Les Aspin for Congress 500 10–28–94 David Mann suant to law, the report on Performance 1,000 10–30–92 Thomas Downey for Con- 500 10–28–94 Frank Mascara Goals for fiscal year 1996; to the Commerce, gress 500 10–28–94 Karen McCarthy 250 10–31–92 Wayne Owens for Senate Science, and Transportation. 500 10–28–94 Frank McCloskey 1,000 10–15–92 Harry Reid for Senate 500 10–28–94 Phil Schiliro EC–1051. A message from the President of 250 4–29–93 Peter Barca for Congress 500 10–28–94 Jolene Unsoeld the United States, transmitting, pursuant to 1,000 3–1–93 David Bonior for Congress 500 10–28–94 Mike Ward 5,000 2–24–93 DCCC law, the report relative to radio frequency 500 10–28–94 Jeff Whorley 500 3–29–93 Friends of Jane Harmon 500 10–28–94 Lynn Woolsey spectrum; to the Committee on Commerce, 500 3–4–94 C. Washington for Congress 250 10–27–94 Maggie Lauterer Science, and Transportation. 1,000 4–1–94 Leslie Byrne for Congress 250 10–26–94 John Galdacci 5,000 5–20–94 DCCC EC–1052. A communication from the Acting 250 10–26–94 Ken Bentsen 1,000 10–14–96 Art Trujillo for Senate 250 10–26–94 Mike Doyle Deputy Assistant Administrator, National 1,000 10–7–96 Dick Durbin Committee 250 10–26–94 Richard Moore Ocean Service, National Oceanic and Atmos- 100 8–1–96 Coopersmith for Congress 250 10–26–94 Dave Nagle pheric Administration, Department of Com- In addition, my Leadership PAC, the Chief Deputy 500 10–25–94 Sam Coppersmith Whip’s Fund, made the following contributions 500 10–25–94 Alan Wheat merce, transmitting, pursuant to law, the re- with my concurrence: 500 10–21–94 Lynn Rivers port of a rule relative to the Florida Keys 1,000 12–5–96 Ken Bentsen 500 10–20–94 James Bilbray

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Amount Date Donee Contributions, amount, date, donee: By Mr. ABRAHAM (for himself and Mr. 2. Spouse: none. LEVIN): 500 10–20–94 Bill Hefner 3. Children and spouses names: none. S. 303. A bill to waive temporarily the 500 10–12–94 George Brown 500 10–12–94 Elaine Peterson 4. Parents names: William B. Richardson, Medicare enrollment composition rules for 500 9–30–94 Martin Frost deceased; Maria Luisa Zubiran, none. The Wellness Plan; to the Committee on Fi- 500 9–27–94 Tom Foley nance. 500 9–27–94 Steny Hoyer 5. Grandparents names: William Richard- 500 9–27–94 Mark Tokano son and Vesta Richardson, Jorge Lopez f 500 9–26–94 Jimmy Hayes Collada and Maria Marquez de Lopez 500 9–12–94 Neal Smith SUBMISSION OF CONCURRENT AND 500 8–4–94 John Bryant Collada, all deceased. 500 8–4–94 Gary Condit 6. Brothers and spouses names: none. SENATE RESOLUTIONS 500 8–4–94 Peter DeFazio 7. Sisters and spouses names: Vesta Rich- The following concurrent resolutions 500 8–4–94 Norm Dicks ardson, none. 500 8–4–94 Chet Edwards and Senate resolutions were read, and 500 8–4–94 Harold Ford 500 8–4–94 Bart Gordon (The above nomination was reported referred (or acted upon), as indicated: 500 8–4–94 Bill Hefner with the recommendation that he be 500 8–4–94 Jim McDermott By Mr. SPECTER (for himself, Mr. 500 8–4–94 Alan Mollohan confirmed, subject to the nominee’s SANTORUM, Mr. FEINGOLD, Mr. KOHL, 500 8–4–94 Jim Moran commitment to respond to requests to Mr. JEFFORDS, and Mr. LEAHY): 500 8–4–94 Dave Obey 500 8–4–94 Lewis Payne appear and testify before any duly con- S. Res. 52. A resolution expressing the 500 8–4–94 David Price stituted committee of the Senate.) Sense of the Senate regarding the need to ad- 500 8–4–94 Louis Stokes dress immediately the current milk crisis. 500 8–4–94 James Traficant f 500 8–4–94 Charles Wilson By Mrs. HUTCHISON (for herself, Mr. 500 8–4–94 Bob Wise INTRODUCTION OF BILLS AND GRAMM, and Mr. D’AMATO): 500 8–3–94 Gerry Kleczka S. Res. 53. A resolution to express the sense 500 7–28–94 Howard Berman JOINT RESOLUTIONS 500 7–28–94 David Bonior of the Senate concerning actions that the 500 7–28–94 Cardiss Collins The following bills and joint resolu- President of the United States should take 500 7–28–94 Vic Fazio tions were introduced, read the first to resolve the dispute between the Allied Pi- 500 7–28–94 Dan Glickman 500 7–28–94 William Lipinski and second time by unanimous con- lots Association and American Airlines; to 500 7–28–94 Nita Lowey sent, and referred as indicated: the Committee on Labor and Human Re- 500 7–28–94 Michael McNulty 500 7–28–94 Kweisi Mfume By Mr. BRYAN (for himself and Mr. sources. 500 7–28–94 George Miller REID): f 500 7–28–94 Norm Mineta 500 7–28–94 Sonny Montgomery S. 296. A bill to amend the Nuclear Waste STATEMENTS ON INTRODUCED 500 7–28–94 Don Payne Policy Act of 1982 to allow commercial nu- 500 7–28–94 Pete Peterson clear utilities that have contracts with the BILLS AND JOINT RESOLUTIONS 500 7–28–94 Charles Schumer 500 7–28–94 Richard Swett Secretary of Energy under section 302 of that By Mr. D’AMATO (for himself, 500 7–28–94 Gene Taylor act to receive credits to offset the cost of RAMS RAMM 500 7–28–94 Walter Tucker Mr. G , Mr. G and Mr. 500 7–28–94 Bruce Vento storing spent fuel that the Secretary is un- BENNETT): 500 7–20–94 Lloyd Doggett able to accept for storage on and after Janu- S. 298. A bill to enhance competition 500 7–20–94 Sheila Jackson Lee ary 31, 1998; to the Committee on Energy and 500 7–20–94 Zoe Lofgren in the financial services sector, and for 500 7–20–94 Charles Rangel Natural Resources. 500 7–12–94 Chaka Fattah S. 297. A bill to establish a Presidential other purposes; to the Committee on 500 6–29–94 Eliot Engel commission on nuclear waste, and for other Banking, Housing, and Urban Affairs. 500 6–29–94 Martin Lancaster 500 6–29–94 Sander Levin purposes; to the Committee on Energy and THE DEPOSITORY INSTITUTION AFFILIATION ACT 500 6–29–94 Tom Sawyer Natural Resources. OF 1997 500 6–29–94 Louise Slaughter By Mr. D’AMATO (for himself, Mr. 500 6–28–94 Gary Ackerman Mr. D’AMATO. Mr. President, today 500 6–28–94 Sam Gejdenson GRAMS, Mr. GRAMM, and Mr. BEN- with the cosponsorship of my col- 500 6–28–94 Peter Hoagland NETT): leagues, Senators GRAMM, GRAMS, and 500 6–28–94 Jill Long S. 298. A bill to enhance competition in the 500 6–28–94 Frank McCloskey BENNETT, I am introducing the ‘‘Depos- 500 6–28–94 Frank Pallone financial services sector, and for other pur- 500 6–28–94 David Skaggs poses; to the Committee on Banking, Hous- itory Institutions Affiliation Act of 500 6–28–94 Pat Williams ing, and Urban Affairs. 1997,’’ to modernize the laws governing 500 6–27–94 Patrick Kennedy 250 6–23–94 Ben Chavez By Mr. LAUTENBERG (for himself, the financial services industry in a 500 6–23–94 John Conyers Mr. DEWINE, Mr. LEVIN, Mr. INOUYE, comprehensive, progressive fashion. I 500 6–17–94 Bill Sarpalius Mr. COVERDELL, and Mr. ABRAHAM): 500 6–15–94 Larry Larocco am pleased that Representative RICH- 500 6–13–94 George Darden S. 299. A bill to require the Secretary of ARD BAKER, chairman of the Housing 500 6–13–94 Eric Fingerhut the Treasury to mint coins in commemora- Banking Subcommittee on Capital 500 6–13–94 Sam Gibbons tion of the sesquicentennial of the birth of 500 6–13–94 George Hochbrueckner Markets, Securities and Government 500 6–13–94 Richard Lehman Thomas Alva Edison, to redesign the half 500 6–13–94 Collin Peterson dollar circulating coin for 1997 to commemo- Sponsored Enterprises, will introduce 500 6–13–94 Jolene Unsoeld rate Thomas Edison, and for other purposes; similar legislation, joined by Rep- 500 6–13–94 Harold Volkmer 500 6–1–94 Bennie Thompson to the Committee on Banking, Housing, and resentatives MCCOLLUM, LA FALCE, and 500 5–24–94 Peter Barca Urban Affairs. DREIER. This legislation will promote 500 5–24–94 Sherrod Brown By Mr. FEINGOLD (for himself and Mr. 500 5–24–94 Maria Cantwell efficiency and fair competition be- 500 5–24–94 Pat Danner KOHL): tween all financial service providers 500 5–24–94 Elizabeth Furse S. 300. A bill to prohibit the use of certain and make U.S. financial firms stronger 500 5–24–94 Maurice Hinchey assistance provided under the Housing and 500 5–24–94 Tim Holden in global competition. 500 5–24–94 Jay Inslee Community Development Act of 1974 to en- 500 5–24–94 Herb Klein courage plant closings and the resultant re- Mr. President, Congress has been 500 5–24–94 Ron Klink location of employment, and for other pur- struggling to modernize the financial 500 5–24–94 Mike Kreidler 500 5–24–94 Carolyn Maloney poses; to the Committee on Banking, Hous- system since before I became a member 500 5–24–94 M. Margolies-Mezvinsky ing, and Urban Affairs. of the Banking Committee in 1981. 500 5–24–94 Paul McHale By Mr. MCCAIN: 500 5–24–94 David Minge That effort must continue and should 500 5–24–94 Earl Pomeroy S. 301. A bill to authorize the Secretary of conclude successfully in this Congress. 500 5–24–94 Karen Shepherd the Interior to set aside up to $2 per person Our existing legal framework is fun- 500 5–24–94 Ted Strickland from park entrance fees or assess up to $2 per 500 5–23–94 James Barcia damentally outdated. The Glass- 500 5–23–94 Nathan Deal person visiting the Grand Canyon or other 500 5–23–94 Karan English national park to secure bonds for capital im- Steagall and Bank Holding Company 500 5–23–94 Anna Eshoo provements to the park, and for other pur- Acts impose regulatory structures that 500 5–23–94 Sam Farr 500 5–23–94 Cleo Fields poses; to the Committee on Energy and Nat- are inadequate for today’s global mar- 500 5–23–94 Bob Filner ural Resources. ketplace and the financial needs of 500 5–23–94 Dan Hamburg By Mr. CHAFEE (for himself, Mr. 500 5–23–94 Jane Harman consumers. 500 5–23–94 Don Johnson ROCKEFELLER, Mr. FRIST, Mr. JEF- Mr. President, our Nation’s entire fi- 500 5–23–94 Lynn Schenk FORDS, and Ms. COLLINS): nancial system —including traditional 500 5–23–94 Bart Stupak S. 302. A bill to amend title XVIII of the 500 5–23–94 Karen Thurman banks, insurance companies, and secu- 500 5–20–94 Dale Kildee Social Security Act to provide additional 500 5–19–94 Thomas Barlow consumer protections for medicare supple- rities firms—faces a future that is 500 5–4–94 David Mann mental insurance; to the Committee on Fi- somewhat unsettled. Competitive de- 500 5–4–94 Dan Webber nance. velopments in the marketplace and the

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1227 technological revolution that is well How will the old system of deposit in- banks, investment banks, thrifts, and underway have brought about signifi- surance fit into this environment? so forth—to attract financial capital cant changes in the financial system, Should more complex institutions be and managerial expertise by elimi- domestic and international. And these required to give up deposit insurance, nating existing restrictions on owner- changes have already had a significant as was suggested by one of the Federal ship by and affiliations among deposi- influence on all financial services pro- Reserve Bank presidents? tory and nondepository firms. How- viders and their customers. How do we ensure that technology re- ever, the DIAA preserves all the safety- Mr. President, there is widespread sults in greater choice, lower fees and and-soundness and conflict-of-interest recognition that the United States fair, readily available access by con- protections of the present system, must adopt a regulatory regime that sumers? The experience we are having while providing legal flexibility for a recognizes market realities and as- with ATM’s raises questions about company to meet the financial needs of sesses and controls risk. Our present whether consumers will share in the consumers, businesses, and others. patchwork of financial laws protects benefits of technology or whether the Mr. President, some detractors of particular industries, restrains com- benefits will go primarily to the own- DIAA describe it as too radical because petition, prevents diversification that ers of that technology. it permits these affiliations. However, would limit risks, restricts potential How can we protect individual pri- this type of common ownership is al- sources of capital, and undermines the vacy now that computers make it so ready allowed by our laws and has ex- efficient delivery of financial services easy to collect and disseminate per- isted for decades without any evidence and the competitive position of our fi- sonal information? This is such a sen- of problems. Federal law and public nancial institutions in world markets. sitive concern that the Congress di- policy expressly allows commercial Mr. President, Congress’ reform ef- rected the Federal Reserve to conduct companies to own and affiliate with a fort in the 105th Congress must be for- a study. variety of federally insured banks—for ward-looking, not merely a re- I do not know the answers, but these example, credit card banks, limited engineering of the legacy and laws are provocative questions which re- purpose banks, trust companies, and so from the New Deal. Our reform effort quire careful study and debate. forth—and savings and loans. For ex- must not be limited in its design by un- Others are studying these issues as ample, unitary thrift holding compa- founded fears and outdated philoso- well. nies have proven that finance and com- Last year, Congress directed the phies. The far-reaching changes we are merce can be mixed safely. In fact, the Treasury Department to conduct a witnessing require a top-to-bottom ex- lack of ownership restrictions on study of all issues relating to a com- amination of long-standing conven- thrifts has worked to expand the cap- mon charter for all federally insured tions about the way our financial sys- depository institutions as part of the ital and managerial talent available to tem should be structured and regulated law stabilizing and eventually merging thrifts. And the successful record of as we approach the 21st century. Al- the two Federal deposit insurance unitary holding companies dem- ready, banks and competitors from funds (BIF and SAIF) (P.L. 104–208). onstrates that broader ownership affili- outside the conventional banking sys- The Treasury Department is expected ations can actually strengthen deposi- tem are jockeying for position and ad- to submit that study next month. tory institutions through greater di- vantage as competition heats up for The Treasury Department appointed versification and financial strength. control of market share and customers a consumer electronic payments task Moreover, the reality is that nonbank in a world of electronic commerce. force which will include the principal organizations, including telecommuni- Existing institutions that fight for Federal agencies involved in the pay- cations, cable companies, and software legislative restrictions to protect their ments system. firms are designing and delivering markets are fighting the last war. De- In addition, the Treasury Depart- banklike financial services and prod- bate over financial modernization that ment is completing a study on the ucts over the Internet and World Wide focuses primarily on issues like the fu- strengths and weaknesses of our finan- Web without owning a bank. ture of the banking franchise or gerry- cial services system in meeting the Second, this bill will facilitate diver- mandering markets through piecemeal needs of the system’s users. sification and assure fair competition legislation to protect a particular mar- Most recently, Federal Reserve by creating a new charter alternative ket segment is too narrow from a pub- Chairman Greenspan announced forma- for all companies interested in enter- lic policy standpoint. Such a narrow tion of a committee that will look at ing or diversifying in the financial approach addresses questions and the Fed’s role in the payments system services field—a financial services solves problems that existed in the of the future. holding company—FSHC. These 1970’s and 1980’s; however, the year 2000 Mr. President, I introduce the Depos- FSHC’s will be authorized to engage in is quickly approaching and the policy itory Institution Affiliation Act as a any financial activity through sepa- debate in Congress and among industry prelude to a vigorous debate about the rately regulated affiliates of the hold- leaders should be oriented toward the future of our financial system. Let me ing company. The bill would permit the future. Technology and new financial explain how the Depository Institution merging of banking and commerce competitors from outside the tradi- Affiliation Act [DIAA] will make the under carefully regulated cir- tional arena will now provide an impor- financial system safer, more stable, cumstances by allowing a FSHC to own tant and new catalyst for meaningful and more competitive. I will submit a both a depository institution and com- change and long overdue comprehen- more detailed section-by-section expla- panies engaged in both financial and sive financial modernization. nation of the bill at the end of my re- nonfinancial activities. Mr. President, in its consideration of marks. The bill is virtually identical to Third, this legislation will insulate financial modernization, the new Con- legislation that I have previously spon- insured subsidiaries—for example, gress will need to explore a number of sored or cosponsored in 1987 (S. 1905) banks—from the more risky business new and important issues, including: and in 1989 (S. 530). In the previous activities of its affiliates, as well as Given all the technological changes Congress, it was S. 337. With the excep- the parent holding company. It would and new players in the market, what tion of technical and conforming not authorize or allow these activities does it mean to be a bank? Does it changes to reflect the enactment of to be conducted in a bank’s operating make sense to maintain an artificial banking laws since its original intro- subsidiary. distinction between banks and duction, the text of the bill is un- Mr. President, by authorizing this al- nonbanks? Does it make sense to pre- changed. ternative regulatory framework, the serve the fiction that banking and Mr. President, comprehensive finan- legislation would essentially exempt a commerce are somehow separate? Does cial modernization as proposed in this FSHC’s subsidiaries and affiliates from it make sense to prohibit information- reform legislation would produce many those sections of the Glass-Steagall driven firms from owning or affiliating beneficial changes for all financial and Bank Holding Company Acts that with banks now that financial services intermediaries. restrict mixing commercial banking are in large part information proc- First, the legislation will enable all with other financial—securities, in- essing activities? financial intermediaries—commercial vestment banking, and so forth—and

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1228 CONGRESSIONAL RECORD — SENATE February 11, 1997 nonfinancial activities—retailing, missible for the bank. I believe this act on financial modernization. Pas- technology, manufacturing. A FSHC regulation is unwise. And I am deeply sage of this bill will be a high priority would be able to diversify into any ac- concerned that the Comptrollers action for the Banking Committee. I believe tivity through affiliates of the holding may subject federally insured banks to this is a realistic objective. company, with such affiliates subject excessive risks and expose the bank in- Mr. President, I ask unanimous con- to enhanced regulation. surance funds, and therefore taxpayers, sent that a more detailed section-by- Fourth, this bill will enhance sub- to unnecessary liability. Congress can section summary of the bill be re- stantially the quality and effectiveness never forget the lessons of the savings printed in the RECORD. of regulation through functional regu- and loan crisis in the late 1980’s. In ad- There being no objection, the sum- lation. The regulation of the bank and dition, the Fed’s recent actions to in- mary was ordered to printed in the nonbank affiliates of financial services crease the aggregate level of business a RECORD, as follows: holding companies would be along section 20 securities affiliate may en- DEPOSITORY INSTITUTION AFFILIATION ACT— functional lines. The insured bank af- gage in and its proposal to reduce or SECTION-BY-SECTION ANALYSIS filiate would be regulated by Federal even eliminate important firewalls and Section 1: Short title and State bank regulators, the securi- safeguards that have existed for over a Section 1 provides that this Act be cited as ties affiliate by the Securities and Ex- decade are also imprudent. the ‘‘Depository Institution Affiliation Act’’. change Commission, and so on. Thus, Mr. President, the rivalry between Section 2: Findings and purpose for each affiliate, existing regulatory regulators to attempt unilaterally to The purpose of this Act is to promote the expertise and resources will be applied set public policy and alter the competi- safety and soundness of the nation’s finan- to protect consumers, investors, and tive balance for their constituencies is cial system, to increase the availability of fi- taxpayers. Functional regulation will not wholesome or helpful. The regu- nancial products and services to consumers, lators actions will never be a sub- businesses, charitable institutions and gov- also assure that competition in dis- ernment in an efficient and cost effective crete products and services is fair by stitute for comprehensive and balanced manner. In addition, this Act aims to pro- eliminating advantages attributable to congressional action. For far too long, mote a legal structure governing providers of current loopholes, regulatory gaps, and Congress has ceded the field to piece- financial services that permits open and fair cost subsidies. meal deregulation by bank regulators competition and affords all financial services Finally, the bill would improve co- and the courts. The time has come for companies equal opportunity to serve the ordination and supervision of the over- Congress to decide on a legal and pol- full range of credit and financial needs in the all financial system by permitting icy framework that prepares our finan- marketplace. This Act also aims to ensure cial institutions for the new century that domestic financial institutions and more effective analysis and monitoring companies are able to compete effectively in of aggregate stability and vulner- and the challenges of a rapidly chang- international financial markets. Finally, ability to severe disruptions and break- ing global economy. The 105th Congress this Act aims to regulate financial activities down. must address and resolve the impor- and companies along functional lines with- By removing unnecessary barriers to tant questions relating to the health out regard to ownership, control, or affili- competition between providers of fi- and future of the banking industry in ation. nancial service in the United States, the broader context of a financial sys- TITLE I—CREATION AND CONTROL OF this legislation will permit U.S. capital tem that is increasingly composed of DEPOSITORY INSTITUTION HOLDING COMPANIES markets to maintain their pre- nonbank financial service providers. Section 101 eminence, and will allow U.S. financial We must focus on the needs of our This section creates a new type of financial intermediaries to respond to growing economy for credit and growth in the company, a depository institution holding competition from foreign companies. future and the next century. We must company (DIHC), and sets out the terms and Mr. President, I want to underscore focus on financial stability, safety and conditions under which such a company can be established and must be operated. that the DIAA would not require exist- soundness, fair competition, and func- Subsection (a) Definitions. This subsection ing firms to alter their regulatory tional regulation of all financial serv- defines terms used in this section. structure. By permitting financial ice providers—whether they are banks, Paragraph (a)(1) defines a DIHC to be any services providers to become FSHC’s, investment banks, insurance compa- company that files a notice with the Na- such providers will have the option to nies, finance companies or even tele- tional Financial Services Committee (see phase gradually into, or expand within, communications or computer compa- Title II of this Act) that it intends to comply the financial services industry. nies. with the provisions of this section, and con- Mr. President, the DIAA provides a Mr. President, the benchmark provi- trols an insured depository institution, or, either (i) has, within the preceding 12 solid platform and a sound approach to sions, principles, and purposes of DIAA, months filed a notice under subsection (b) of modernizing our financial structure. I as stated above, have been tested and this section to establish or acquire control of recognize that this bill can be im- explored over the years. During a dec- a federally insured depository institution or proved, and I am specifically request- ade of debate several studies, including a company owning such a federal insured de- ing constructive and helpful comments a 1991 study by the Treasury Depart- pository institution, or (ii) controls a com- to improve and to refine the major ment entitled, ‘‘Modernizing the Fi- pany which, within the preceding 12 months, principles underlying the bill. As the nancial System: Recommendations for has filed an application for federal deposit committee proceeds to hearings and Safer More Competitive Banks’’, these insurance, provided that such notice or ap- plication has not been disapproved by the ap- further consideration of the bill, I in- principles and the framework of the propriate Federal banking agency or with- tend to make changes and adjustments bill have become the centerpiece of an drawn. Any holding company which elects to in order to ensure competitive fairness, emerging consensus in favor of for- become a DIHC and which does not control promote safety and soundness; achieve ward-looking, balanced and prudent ap- any banks that are not FDIC insured, will depositor, investor, and consumer pro- proach to modernization. I am hopeful lose its status as a bank holding company tection; and assure effective and effi- that a new study underway by the immediately upon filing the notice of its cient functional regulation. Moderniza- Treasury Department and due to be election to become a DIHC. Similarly, a sav- tion of the financial services industry submitted to Congress in March related ings and loan holding company that elects to become a DIHC will lose that status upon fil- should not include the preemption of to a common bank and thrift charter ing the notice of its election to become a State consumer protection laws. will reach similar conclusions. DIHC. To assure that each bank controlled Mr. President, in the absence of con- Mr. President, by continuing to work by a DIHC would be subject to regulation gressional action, the Comptroller of together, as demonstrated by the BIF/ and supervision by an appropriate federal the Currency and the Federal Reserve SAIF bill last year, the Congress and banking agency, owners of uninsured banks Board have acted to achieve limited the administration can overcome the would not be able to avail themselves of the modernization with results often of complaints of vested interests and re- opportunity to become a DIHC, unless they questionable legal authority and public form our antiquated financial services agreed to convert such uninsured banks into federally insured depository institutions. policy results. Specifically, I am con- laws. We should not miss this oppor- Paragraph (a)(2) gives the term ‘bank hold- cerned about the OCC’s action to per- tunity for constructive bipartisanship. ing company’ the meaning given to it in Sec- mit a bank’s operating subsidiaries to I believe that this bill provides a good tion 2(a) of the Bank Holding Company Act engage in activities that are not per- starting point for the 105th Congress to of 1956, as amended.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1229 Paragraph (a)(3) gives the term ‘savings in addition to the restrictions on interaffil- credit to an issuer of securities underwritten and loan holding company’ the meaning iate transactions provided for under sections by a securities affiliate for the purpose of given to it in section 10(a) of the Home Own- 23A or 23B of the Federal Reserve Act. This paying the principal of those securities or in- ers’ Loan Act. subsection gives each AFBA some flexibility terest for dividends on those securities. Paragraph (a)(4) defines for this section, to promulgate and adapt rules and regula- Paragraph (c)(10) defines ‘‘securities affil- except paragraph (5) of subsection (f), the tions in response to changing market condi- iate’’ for the purposes of paragraphs (c)(5), term ‘affiliate’ of a company as any company tions so that the AFBA has at all times the (6), (7), (8) and (9). which controls, is controlled by, or is under capability to prevent insured depository in- Subsection (d): Capitalization. This sub- common control with such a company. stitutions under its supervision that are con- section regulates the capitalization of in- Paragraph (a)(5) gives the term ‘appro- trolled by DIHCs from engaging in trans- sured depository institutions that are con- priate Federal banking agency’ (AFBA) the actions that would compromise the safety trolled by a DIHC. meaning given to it in section 3 of the Fed- and soundness of such insured depository in- Paragraph (d)(1) requires that insured de- eral Deposit Insurance Act. stitutions or that would jeopardize the de- pository institutions controlled by a DIHC Paragraph (a)(6) gives the term ‘insured de- posit insurance funds. be well capitalized. pository institution’ the meaning given to it Moreover, other provisions of this Act as- Paragraph (d)(2) provides that if the AFBA in section 3(c)(2) of the Federal Deposit In- sure that the AFBA will have the capability finds that an insured depository institution surance Act. to enforce these regulations vigorously (sub- subsidiary of a DIHC is not well capitalized, Paragraph (a)(7) gives the term ‘State’ the section (i) of this section) and that any vio- the DIHC shall have thirty days to reach an meaning given to it in section 3(a) of the lations of these regulations will be more se- agreement with the AFBA concerning how Federal Deposit Insurance Act. verely punished than violations of regula- and according to what schedule the insured Paragraph (a)(8) defines the term ‘com- tions applicable to insured depository insti- depository institution will bring its min- pany’ to mean any corporation, partnership, tutions that are not controlled by DIHCs imum capital back into conference with re- business trust, association or similar organi- (subsections (i), (j), (k) and (l) of this sec- quirements. During that time the insured de- zation. However, corporations that are ma- tion). pository institution shall operate under the jority owned by the Untied States or any Subparagraph (c)(1)(A) empowers the close supervision of the AFBA. State are excluded from the definition of AFBA to develop rules and regulations to In the event that the DIHC does not reach company. prevent insured depository institutions an agreement within thirty days with the Paragraph (a)(9) defines control by one under its supervision that are also controlled AFBA on how and according to what sched- company over another. For purposes of this by a DIHC from engaging in unsafe or un- ule the capital of the insured depository in- section, the term ‘‘control’’ means the sound practices involving the DIHC or any of stitution will be replenished, the DIHC will power, directly or indirectly, to direct the its affiliates, including unsafe and unsound be required to divest the insured depository management or policies of a company, or to practices that may arise in connection with institution in an orderly manner within a pe- vote 25% or more of any class of voting secu- transactions covered by sections 23A and 23B riod of six months, or such additional period rities of a company. of the Federal Reserve Act. of time as the AFBA may determine is rea- There are three exceptions from the defini- Subparagraph (c)(1)(B) empowers the sonably required in order to effect such di- tion of control. These pertain to ownership AFBA to create certain exceptions to the vestiture. of voting securities acquired or held: provisions of the preceding subparagraph, if Paragraph (d)(3) states that in view of the 1. as agent, trustee or in some other fidu- the AFBA deems that such exceptions are enhanced regulatory control over insured de- ciary capacity; reasonable and in the public interest and not pository institutions controlled by DIHCs, 2. as underwriter for such a period of time inconsistent with the purposes of this Act. no AFBA may regulate the capital of the as will permit the sale of these securities on These exemptions may relate to certain in- DIHC. Thus, no AFBA may require the DIHC a reasonable basis; or in connection with or stitutions or classes of institutions, or to itself to enter into any other agreement re- incidental to market making, dealing, trad- certain transactions or classes of trans- garding the maintenance of capital in its in- ing, brokerage or other securities-related ac- actions, including transactions covered sured depository institution affiliates. The tivities, provided that such shares are not under Sections 23A or 23B of the Federal Re- capital of the DIHC would, however, be regu- acquired with a view toward acquiring, exer- serve Act. lated by any other agency having jurisdic- cising or transferring control of the manage- Paragraph (c)(2) provides that any rules tion over it. For example, if the DIHC were ment or policies of the company; adopted under subparagraph (c)(1)(A) shall be also a registered broker/dealer, it would have 3. for the purpose of securing or collection issued in accordance with normal rule- to conform to the minimum capital require- of a prior debt until two years after the date making procedures and shall afford inter- ments mandated by the SEC. of the acquisition; and ested parties the opportunity to comment in Subsection (e): Interstate Acquisitions and In addition, no company formed for the writing and orally on any proposed rule. Activities of Insured Depository Institu- Paragraph (c)(3) grandfathers specific sole purpose of proxy solicitation shall be tions. This subsection subjects interstate ac- interaffiliate transactions approved by a deemed to be in control of another company quisitions of an insured depository institu- Federal regulatory agency prior to the en- by virtue of its acquisition of the voting tion by a DIHC to the same restrictions as actment of this Act, exempting them from rights of the other company’s securities. those applicable to bank holding companies rules and regulations promulgated under Paragraph (a)(10) defines the term ‘ade- under section 3(d) of the Bank Holding Com- subparagraph (c)(1)(A). quately capitalized’ with respect to an in- Paragraph (c)(4) makes it clear that sec- pany Act of 1956, as amended, and it subjects sured depository institution has the meaning tions 23A and 23B of the Federal Reserve Act interstate acquisitions of savings associa- given to it in section 38(b)(1) of the Federal will apply to every insured depository insti- tions by a DIHC to the same restrictions as Deposit Insurance Act. tution controlled by a depository institution those applicable to savings and loan holding Paragraph (a)(11) defines the term ‘well holding company. companies. capitalized’ with respect to an insured depos- Paragraphs (c)(5) and (c)(6) prohibit any in- Subsection (f): Differential Treatment Pro- itory institution has the meaning given to it sured depository institution in a DIHC from hibition; Laws Inconsistent with this Act. in section 38(b)(1)(A) of the Federal Deposit extending credit to or purchasing the assets This subsection does two things. First, it Insurance Act. of a securities affiliate and providing other prohibits adversely differential treatment of Paragraph (a)(12) defines the term ‘min- types of financial support to that DIHC’s se- DIHCs and their affiliates, including their imum required capital’ with respect to an in- curities affiliate except for daylight over- insured depository institution affiliates, ex- sured depository institution as the amount drafts that relate to U.S. government securi- cept as this Act specifically provides. Sec- of capital that is required to be adequately ties transactions if the daylight overdrafts ond, this subsection ensures that state and capitalized. are fully collateralized by U.S. government federal initiatives do not undermine achieve- Subsection (b): Changes in Control of In- securities as to principal and interest. ment of the purposes of this Act. Whether sured Depository Institutions. This sub- Paragraph (c)(7) prohibits insured deposi- couched as affiliation, licensing or agency section provides that any DIHC wishing to tory institutions in a DIHC from issuing var- restrictions or as constraints on access to acquire control of an insured depository in- ious guarantees for the enhancement of the state courts, such laws effectively perpet- stitution or company owning such insured marketability of a securities issue under- uate market barriers and deny consumers depository institution must comply with the written or distributed by a securities affil- the opportunity to choose between different requirements of the Change in Bank Control iate of that DIHC. financial products and services. Act. Failure to comply with these require- Paragraph (c)(8) prohibits insured deposi- Paragraph (f)(1) notwithstanding any other ments will subject the relevant DIHC to the tory institutions in a DIHC from extending federal law, prohibits states from enacting penalties and procedures provided in sub- credit secured by or for the purposes of pur- laws that discriminate against DIHCs or sections (i) through (m) of this section, in chasing any security during an underwriting against their affiliates, including their in- addition to otherwise applicable penalties. period of for 30 days thereafter where a secu- sured depository institution affiliates. This Subsection (c): Affiliate Transactions. This rities affiliate of such institution partici- paragraph also prohibits, notwithstanding subsection authorizes supplemental regula- pates as an underwritten or member of a any other federal law, federal and state regu- tion of the transactions of insured deposi- selling group. latory agencies from discriminating by rule, tory institutions controlled by DIHCs with Paragraph (c)(9) prohibits insured deposi- regulation, order or any other means against their affiliates. These regulations would be tory institutions in a DIHC from extending DIHCs or against their affiliates, including

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1230 CONGRESSIONAL RECORD — SENATE February 11, 1997 their insured depository institution affili- passes not only corporate affiliations but af- particular, it is intended that each AFBA ates, except as this Act specifically provides. filiations between corporations and individ- should structure its examination process so This is intended to assure that the primary uals. as to uncover possible violations of the pro- purpose of this Act—the enhancement of Subsection (q): Securities, Insurance and visions of this section and that the agency competition in the depository institution Real Estate Activities of Insured Depository should not hesitate to make full use of its sector—will be fulfilled. Institutions. In order to facilitate functional cease-and-desist powers or to impose as war- Paragraph (f)(2) finds that certain State af- regulation of the activities of DIHCs this ranted the special penalties discussed below, filiation and licensing laws restrain legiti- section prohibits insured depository institu- if it believes that an insured depository in- mate competition in interstate commerce, tions controlled by DIHCs from conducting stitution under its supervision that is con- deny consumers freedom of choice in select- certain securities, insurance and real estate trolled by a DIHC is in violation of any pro- ing an insured depository institution and activities currently permissible for some in- visions of this section. threaten the long-term safety and soundness sured depository institutions. This subsection also grants the AFBA au- of insured depository institutions by lim- Subparagraph (g)(1)(A) provides that no in- thority to examine any other affiliate of the iting their access to capital. sured depository institution controlled by a DIHC as well as the DIHC itself in order to Accordingly, with the exception of certain DIHC shall directly engage in dealing in or ensure compliance with the limitations of laws related to insurance and real estate bro- underwriting securities, or purchasing or this section or other provisions of law made kerage which are treated in Subsection (g), selling securities as agent, except to the ex- applicable by this section such as sections this paragraph preempts any provision of tent such activities are performed with re- 23A and 23B of the Federal Reserve Act. federal or state law, rule, regulation or order gard to obligations of the United States or In addition, this subsection grants each that is expressly or impliedly inconsistent are the type of activities that could be per- AFBA the right to apply to the appropriate with the provisions of this section. The pre- formed by a national bank’s trust depart- district court of the United States for a tem- empted statutes include state banking, sav- ment (12 U.S.C. 92a). porary or permanent injunction or a re- ings and loan, securities, finance company, Subparagraph (g)(1)(B) provides that no in- straining order to enjoin any person or com- retail or other laws which restrict the affili- sured depository institution controlled by a pany from violation of the provisions of this ation of insured depository institutions or DIHC shall directly engage in insurance un- section or any regulation prescribed under their owners, agents, principals, brokers, di- derwriting. this section. The AFBA may seek such an in- rectors, officers, employees or other rep- Subparagraph (g)(1)(C) provides that no in- junction or restraining order whenever it resentatives with other firms. Similarly, sured depository institution controlled by a considers that an insured depository institu- laws prohibiting cross marketing of products DIHC shall directly engage in real estate in- tion under its supervision or any DIHC con- and services are preempted insofar as such vestment or development except insofar as trolling such an insured depository institu- cross marketing activities are conducted by these activities are incidental to the insured tion is violating, has violated or is about to DIHCs, their affiliates, or by any agent, prin- depository institution’s investment in or op- violate any provision of this section or any cipal, broker, director, officer, employee or eration of its own premises, result from fore- regulation prescribed under this section. In other representative. By contrast, non- closure on collateral securing a loan, or are seeking such an injunction or restraining discriminatory state approval, examination, the type of activities that could be per- order the AFBA may also request such equi- supervisory, regulatory, reporting, licensing, formed by a national bank’s trust depart- table relief as may be necessary to prevent and similar requirements are not affected. ment. the violation in question. This relief may in- Paragraph (f)(3) removes a common uncer- Paragraph (g)(2) clarifies that nothing in clude a requirement that the DIHC divest tainty under state licensing and qualifica- this subsection shall be construed to prohibit itself of control of the insured depository in- tion to do business statutes, which leaves an or impede a DIHC or any of its affiliates stitution, if this is the only way in which the out-of-state insured depository institution’s (other than an insured depository institu- violation can be prevented. access to another state’s courts unresolved. tion) from engaging in any of the activities This injunctive power will enable the Under this provision, so long as such an in- set forth in paragraph (1) or to prohibit an AFBA to move speedily to stop practices sured depository institution limits its activi- employee of an insured depository institu- that it believes endanger the safety and ties to those which do not constitute the es- tion that is an affiliate of a DIHC from offer- soundness of an insured depository institu- tablishment or operation of a ‘‘domestic ing or marketing products or services of an tion under its supervision that is controlled branch’’ of an insured depository institution affiliate of such an insured depository insti- by a DIHC. If necessary to protect the de- in that other state, it can qualify to main- tution as set forth in paragraph (1). positors and safeguard the deposit insurance tain or defend in that state’s court any ac- Paragraph (g)(3), however, contains signifi- funds, the AFBA may request that the in- tion which could be maintained or defended cant limits on DIHC entry into the busi- junction proceedings be held in camera, so as by a company which is not an insured deposi- nesses of insurance agency and real estate not to provoke a run on the insured deposi- tory institution and is not located in that brokerage. No DIHC could enter these fields tory institution. state, subject to the same filing, fee and de novo. Rather, they would have to pur- Subsection (j): Divestiture. This subsection other conditions as may be imposed on such chase either an insurance agency or real es- states that an AFBA may require a DIHC to a company. This paragraph is not intended tate brokerage business which had been in divest itself of an insured depository institu- to grant states any power that they do not business for at least five years prior to pas- tion, if the agency finds that the insured de- currently have to regulate the activities of sage of the Act. pository institution is engaging in a con- out-of-state insured depository institutions. Paragraph (g)(4) provides that nothing in tinuing course of action involving the DIHC Paragraph (f)(4) makes clear that a state, this subsection will require the breach of a or any of its affiliates that would endanger except subject to the provisions of this Act, contract entered into prior to enactment of the safety and soundness of that insured de- may not impede or prevent any insured de- this Act. pository institution. Although the DIHC pository institution affiliated with a DIHC Subsection (h): Tying and Insider Lender would have the right to a hearing and to ju- or any DIHC or affiliate thereof from mar- Provisions. This section subjects DIHCs to dicial review and have one year in which to keting products and services in that state by the tying provisions of section 106 of the divest the insured depository institution, it utilizing and compensating its agents, solici- Bank Holding Company Act Amendments of should be emphasized that the insured depos- tors, brokers, employees and other persons 1970 and to the insider lending prohibitions itory institution would operate under the located in that state and representing such a of section 22(h) of the Federal Reserve Act. close supervision of the AFBA from the date insured depository institution, company, or These sections prohibit tying between prod- of the initial order until the date the divesti- affiliate. However, to the extent such per- ucts and services offered by insured deposi- ture is completed. This is intended to safe- sons are performing loan origination, deposit tory institutions and products and services guard the insured depository institution in solicitation or other activities in which an offered by the DIHC itself or by any of its question, its depositors and the deposit in- insured depository institution may engage, other affiliates. Note, however, that these surance funds. those activities cannot constitute the estab- tying provisions do not apply to products Subsection (k): Criminal Penalties: This lishment or operation of a ‘‘domestic and services that do not involve an insured subsection provides for criminal penalties branch’’ at any location other than the main depository institution. The insider lending for knowing and willful violations of the pro- or branch offices of the insured depository provisions severely limit loans by an insured visions of this section, even if these viola- institution. depository institution to officers and direc- tions do not result in an initial or final order Paragraph (f)(5) contains a special defini- tors of the insured depository institution. requiring divestiture of the insured deposi- tion of ‘‘affiliate’’ and ‘‘control’’ for purposes For purposes of both provisions, the AFBA tory institution. For companies found to be of paragraphs (2) through (4) this subsection will exercise the rulemaking authority vest- in violation of the provisions of this section only. Control is deemed to occur where a per- ed in the Federal Reserve with regard to the maximum penalty shall be the greater of son or entity owns or has the power to vote these limitations. (a) $250,000 per day for each day that the vio- 10% of the voting securities of another enti- Subsection (i): Examination and Enforce- lation continues or (b) one percent of the ty or where a person or entity directly or in- ment. This subsection provides that the minimum required capital of the insured de- directly determines the management or poli- AFBA shall use its examination and super- pository institution per day for each day cies of another entity or person. Unlike the vision authority to enforce the provisions of that the violation continues, up to a max- definition of affiliate set forth in paragraph this section, including any rules and regula- imum of 10% of the minimum capital of the (4) of subsection (a), this definition encom- tions promulgated under subsection (c). In insured depository institution—a fine that

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1231 could amount to tens of millions of dollars that do not involve the payment of the pro- Mr. GRAMS. Mr. President, I rise for a large insured depository institution. ceeds to an affiliate, and (ii) the loans or ex- today in support of the Depository In- Such a fine is designed to be large enough to tensions of credit are not made for the pur- stitution Affiliation Act, which has pose of evading any requirement of section deter even large insured depository institu- been drafted by Senate Banking Com- tions from violating the provisions of this 23A. section. Section 104: Amendments to the Banking Act of mittee Chairman ALFONSE D’AMATO. For individuals found to be in violation of 1933 This landmark piece of legislation will the provisions of this section the penalty Subsection (a) amends section 20 of the modernize the archaic laws that govern shall be a fine and/or a prison term. The Glass-Steagall Act so that it does not apply our financial services industry. Pas- maximum fine shall be the greater of (a) to member banks that are controlled by sage of this legislation will benefit con- $250,000 or (b) twice the individual’s annual DIHCs. sumers, increase the availability of rate of total compensation at the time the Subsection (b) amends section 32 of the venture capital for job creation, and violation occurred. The maximum prison Glass-Steagall Act so that it does not apply bolster the international competitive- sentence shall be one year. In addition, indi- to officers, directors and employees of affili- viduals violating the provisions of this sec- ates of a single depository institution hold- ness of America’s financial services in- tion will also be subject to the penalties pro- ing company. dustry. vided for in Section 1005 of Title 18 for false Section 105: Amendment to the Federal Deposit There is a clear need to modernize entries in any book, report or statement to Insurance Act the outdated laws that govern Amer- the extent that the violation included such This section amends the Change in Bank ica’s financial services industry, be- false entries. Control Act to provide that an acquisition of A DIHC and its affiliates shall also be sub- cause financial services play a vital a DIHC controlling an insured depository in- role in our daily lives. We take out ject to the Criminal penalties provisions of stitution may only be accomplished after the Financial Institutions Reform, Recovery complying with that Act’s procedures. It loans to go to college, to buy a car, and and Enforcement Act of 1989 and the Com- also modifies the definition of ‘‘control’’ in to purchase a home. We buy insurance prehensive Thrift and Bank Fraud Prosecu- the Change in Savings and Loan Control Act to provide greater security to ourselves tion and Taxpayer Recovery Act of 1990 to to conform it to the definition in section and our families. We make investments the same extent as a registered bank holding 101(a)(9) of this Act. company, savings and loan holding company throughout our life so that we may re- Section 106: Amendment to the Securities Ex- or any affiliate of such companies. tire in comfort and dignity. change Act of 1934 Subsection (1): Civil Enforcement, Cease- Today, technological advancements and-Desist Orders, Civil Money Penalties. This section amends the Securities Ex- change Act of 1934 to provide for the reg- and increased innovation in the deliv- This subsection provides for civil enforce- ery of financial services make it easier ment, cease-and-desist orders and civil istration and regulation of Broker Dealers. money penalties consistent with subsections Section 107: Amendment to the Home Owners’ than ever for consumers to get loans, (b) through (s) and subsection (u) of section Loan Act purchase insurance, and invest their 1818 of Title 123 for any company or person This section amends section 11 of the Home earnings. Unfortunately, our archaic that violates the provisions of this section in Owners’ Loan Act in order to apply Section and burdensome laws governing finan- the same manner as they apply to a state 101(c)(1)(B) of this section to savings associa- cial institutions continue to discour- member insured bank, and grants the AFBA tions. age, rather than encourage, such ad- the power to impose such penalties after pro- Section 108: Amendment to the Community Rein- vancement and innovation. viding the company or person accused of vestment Act such violation the opportunity to object in This section amends the Community Rein- The laws to which I am referring are writing to its finding. vestment Act to make it applicable to acqui- not those governing the safety and Subsection (m): Judicial Review. This sub- sitions of insured depository institutions by soundness of financial institutions, section provides for judicial review of deci- DIHC’s. such as setting minimum capital re- sions reached by an AFBA under the provi- TITLE II—SUPERVISORY IMPROVEMENTS quirements or requiring periodic over- sions of this section. This right to review in- cludes a right of judicial review of statutes, Section 201: National Financial Services Com- sight by Federal or State regulators. rules, regulations, orders and other actions mittee Safety and soundness laws and regula- that would discriminate against DIHCs or af- This section establishes a standing com- tions are beneficial and necessary, as filiates controlled by such companies. mittee, the National Financial Services they enhance the security of the con- Section 102: Amendment to the Bank Holding Oversight Committee (Committee), in order sumer whenever he or she deposits Company Act of 1956 to provide a forum in which federal and state money in a bank or purchases an insur- regulators can reach a consensus regarding This section contains a conforming amend- how the regulation of insured depository in- ance policy. ment to the definition of the term ‘‘bank’’ in stitutions should evolve in response to The outdated laws to which I am re- the Bank Holding Company Act to ensure changing market conditions. In addition, the ferring are the laws that create bar- that a DIHC owning an insured depository Committee also provides a mechanism institution will be regulated under this Act riers to competition by artificially through which various federal regulatory compartmentalizing the three major rather than the Bank Holding Company Act. agencies could coordinate their responses to Section 103: Amendments to the Federal Reserve a financial crisis, if such a crisis were to sectors of financial services—banking, Act occur. The Committee comprises all federal securities, and insurance. For example, This section clarifies the application of agencies responsible for regulating financial under the Banking Act of 1933, more Section 23A of the Federal Reserve Act to institutions or financial activities, and it is commonly known as the Glass-Steagall certain loans and extensions of credit to per- structured to allow state regulators to par- Act, banks are generally barred from sons who are not affiliated with a member ticipate in its deliberations. directly investing in corporate securi- bank. Section 23A contains a provision that The Committee consists of the Chairman of the Secretary of the Treasury, who is also ties, underwriting new corporate issues was intended to prevent the use of ‘‘straw or sponsoring mutual funds. Under the man’’ intermediaries to evade section 23A’s the Chairman of the Committee, the Chair- limitations on loans and extensions of credit man of the Board of Governors of the Federal Bank Holding Company Act of 1956, se- to affiliates. Contrary to its original pur- Reserve System, the Chairman of the FDIC, curities underwriters, insurance under- pose, the provision may also be literally read the Director of the Office of Thrift Super- writers, and nonfinancial companies to restrict a bona fide loan or extension of vision, the Comptroller of the Currency, the are generally prohibited from owning credit to a third party who happens to use Secretary of Commerce, the Attorney Gen- banks or being owned by a bank hold- the proceeds to purchase goods or services eral, the Chairman of the SEC, and the ing company. from an affiliate of the insured depository Chairman of the CFTC. institution; such a loan could occur, for ex- The Committee is directed to report to These outdated financial institution ample, if a customer happened to use a credit Congress within one year of enactment of laws hurt consumers by artificially in- card issued by an insured depository institu- this Act on proposed legislative or regu- creasing the costs of financial services, tion to buy an item sold by the insured de- latory actions that will improve the exam- reducing the availability of financial pository institution’s affiliate. This section ination process to permit better oversight of all insured depository institutions. It is also products, and reducing the level of con- clarifies that such loans and extensions of venience in the delivery of financial credit are not covered by section 23A as long directed to establish uniform principles and standards for examinations. services. These laws hurt small busi- as (i) the insured depository institution ap- proves them in accordance with substan- TITLE III nesses—an engine of job growth in the tially the same standards and procedures and Section 301: Effective date American economy—by artifically lim- on substantially the same terms that it ap- The Act will become effective on the date iting the amount of equity capital plies to similar loans or extensions of credit of enactment. available for expanded activity. These

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1232 CONGRESSIONAL RECORD — SENATE February 11, 1997 laws weaken the international com- services providers. Its provisions have visit the West Orange site to learn petitiveness of America’s financial in- been carefully crafted to provide a about the great inventor. Our legisla- stitutions by prohibiting them from of- level playing field for banks, thrifts, tion, at no cost to the Government, fering the range of financial services securities companies and insurance would provide the funds necessary to that foreign financial institutions may companies. This charter up approach protect these and five other historical offer. will permit all of these companies to sites so that generations of school- It should be noted that the Glass- become Financial Services Holding children can continue to visit them. Steagall Act—which created the com- Companies, and will not prevent cur- Let me emphasize that this legisla- partmentalized structure of financial rent financial institutions from con- tion would have no net cost to the Gov- services that we have today—was based ducting any activities that they cur- ernment. In fact, because circulating upon the false premise that the mas- rently conduct. coins are a source of Government rev- sive amount of bank failures that oc- In closing, I look forward to sup- enue known as seigniorage, this bill curred during the Great Depression was porting Chairman D’AMATO in his ef- would reduce Government borrowing caused by the securities activities that forts to pass financial modernization requirements, thereby lowering the an- these banks conducted. However, just legislation. It is my hope that 1997 will nual interest payments on the national the opposite is true: Diversification in be the year that we join together and debt. An Edison commemorative coin financial services actually increased create a bipartisan bill that will reform program also has strong support among the safety and soundness of the banks. our laws so that America’s financial in- America’s numismatists, whose inter- Between 1929 and 1933, 26.3 percent of stitutions will be able to compete, in- est is crucial to the success of any coin all national banks failed. However, the novate and grow to meet the chal- program. failure rate for those banks that con- lenges of the 21st century. Mr. President, I introduced similar ducted securities activities was lower. legislation at the end of the 104th Con- Of the national banks in 1929 that ei- By Mr. LAUTENBERG (for him- gress. I introduce it again on the 150th ther had securities affiliates or had in- self, Mr. DEWINE, Mr. LEVIN, birthday of this great American inven- ternal bond departments, only 7.2 per- Mr. INOUYE, Mr. COVERDELL, tor with the anticipation that my col- cent had failed by 1933. The message and Mr. ABRAHAM): leagues will join me in honoring the from these statistics is clear: We S. 299. A bill to require the Secretary memory of Thomas Alva Edison while should encourage competition and di- of the Treasury to mint coins in com- providing sorely needed funds to impor- versification, not discourage it. memoration of the sesquicentennial of tant historical sites. Last year, Congress passed a bipar- the birth of Thomas Alva Edison, to re- I urge my colleagues to support this tisan and comprehensive legislative design the half dollar circulating coin legislation and ask unanimous consent initiative to reform the Telecommuni- for 1997 to commemorate Thomas Edi- that a copy of the bill be printed in the cations Act and stimulate competition son, and for other purposes; to the RECORD. There being no objection, the bill was and innovation in the telecommuni- Committee on Banking, Housing, and ordered to be printed in the RECORD, as cations industry. Similar action is Urban Affairs. follows: needed this year to stimulate the THE THOMAS ALVA EDISON SESQUICENTENNIAL S. 299 growth and global competitiveness of COMMEMORATIVE COIN ACT Mr. LAUTENBERG. Mr. President, I Be it enacted by the Senate and House of Rep- our financial services industry. resentatives of the United States of America in rise on behalf of Senators DEWINE, The Depository Institution Affili- Congress assembled, EVIN NOUYE OVERDELL BRAHAM ation Act creates a new Financial L , I , C , A , SECTION 1. SHORT TITLE. Services Holding Company structure and myself, to introduce legislation This Act may be cited as the ‘‘Thomas that will permit banks, thrifts, securi- that would direct the Secretary of the Alva Edison Sesquicentennial Commemora- ties companies and insurance compa- Treasury to mint coins commemo- tive Coin Act’’. nies to affiliate and cross-market their rating the 150th anniversary of Thomas SEC. 2. FINDINGS. products. This structure will do this Alva Edison’s birth. The introduction The Congress finds that— while maintaining consumer protec- of this legislation today, February 11, (1) Thomas Alva Edison, one of America’s is significant because Thomas Edison greatest inventors, was born on February 11, tions and the safety and soundness of 1847, in Milan, Ohio; the Federal deposit insurance system. was born 150 years ago. (2) the inexhaustible energy and genius of This legislation will greatly benefit Mr. President, few Americans have Thomas A. Edison produced more than 1,300 consumers. The D’Amato bill’s termi- had a greater impact on our Nation, inventions in his lifetime, including the in- nation of affiliation restrictions will and our world, than Thomas Edison. He candescent light bulb and the phonograph; significantly increase competition in produced more than 1,300 inventions, (3) in 1928, Thomas A. Edison received the the financial services industry. Con- including the incandescent light bulb, Congressional gold medal ‘‘for development sumers’ costs in the purchase of insur- the alkaline battery, the phonograph, and application of inventions that have revo- ance, securities and banking products and motion pictures. lutionized civilization in the last century’’; In 1928, the Congress saw fit to award and will be lowered. The bill’s termination (4) 1997 will mark the sesquicentennial of of crossmarketing restrictions will in- to Mr. Edison a Congressional Gold the birth of Thomas A. Edison. Medal ‘‘for development and applica- crease consumer convenience, as con- TITLE I—COMMEMORATIVE COINS tion of inventions that have revolu- sumers will be able to do one-stop SEC. 101. COIN SPECIFICATIONS. shopping for all of their financial serv- tionized civilization in the last cen- (a) DENOMINATIONS.—In commemoration of ices needs. The D’Amato bill does all of tury.’’ The legislation I am introducing the sesquicentennial of the birth of Thomas this while maintaining the statues and today would once again honor one of A. Edison, the Secretary of the Treasury regulations that protect consumers the world’s greatest inventors by (hereafter in this Act referred to as the ‘‘Sec- from fraud and discrimination. issuing both commemorative and cir- retary’’) shall mint and issue— This legislation will maintain the culating coins with Mr. Edison’s like- (1) not more than 350,000 $1 coins, each of safety and soundness of the Federal de- ness. which shall— These coins not only would honor the (A) weigh 26.73 grams; posit insurance system. The D’Amato (B) have a diameter of 1.500 inches; and bill protects banks from being affected memory of Thomas Edison, they would (C) contain 90 percent silver and 10 percent by affiliate and holding company insol- also raise revenue to support organiza- copper; and vency by implementing firewalls that tions that preserve his legacy. The two (2) not more than 350,000 half dollar coins, prohibit affiliates from raiding the in- New Jersey Edison sites, the ‘‘inven- each of which shall— sured bank. As added protection, it re- tion factory’’ in West Orange and the (A) weigh 12.50 grams; quires that if a bank becomes anything Edison Memorial Tower in Edison, are (B) have a diameter of 1.205 inches; and less than satisfactorily capitalized, the both in need of repair. Irreplaceable (C) contain 90 percent silver and 10 percent copper. Financial Services Holding Company records and priceless memorabilia are (b) LEGAL TENDER.—The coins minted must immediately divest of the bank. in danger of being destroyed because of under this title shall be legal tender, as pro- This legislation will provide for com- moisture damage and structural prob- vided in section 5103 of title 31, United States petitive equality among all financial lems. Each year, 9,000 young students Code.

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(c) NUMISMATIC ITEMS.—For purposes of (b) EQUAL EMPLOYMENT OPPORTUNITY.— TITLE II—CIRCULATING COINS section 5134 of title 31, United States Code, Subsection (a) shall not relieve any person SEC. 201. AUTHORITY TO REDESIGN HALF DOL- all coins minted under this title shall be con- entering into a contract under the authority LAR CIRCULATING COINS. sidered to be numismatic items. of this title from complying with any law re- Section 5112(d) of title 31, United States SEC. 102. SOURCES OF BULLION. lating to equal employment opportunity. Code, is amended by inserting after the 6th The Secretary shall obtain silver for mint- sentence the following: ‘‘At the discretion of SEC. 107. DISTRIBUTION OF SURCHARGES. ing coins under this title only from stock- the Secretary, half dollar coins minted after piles established under the Strategic and (a) IN GENERAL.—Subject to section 5134(f) December 31, 1996, and before July 31, 1998, Critical Materials Stock Piling Act. of title 31, United States Code, the first may bear the same design as the commemo- SEC. 103. DESIGN OF COINS. $7,000,000 of the surcharges received by the rative coins minted under title I of the (a) DESIGN REQUIREMENTS.— Secretary from the sale of coins issued under Thomas Alva Edison Sesquicentennial Com- (1) IN GENERAL.—The design of the coins this title shall be promptly paid by the Sec- memorative Coin Act, as established under minted under this title shall be emblematic retary as follows: section 103 of that Act.’’. of the many inventions made by Thomas A. (1) MUSEUM OF ARTS AND HISTORY.—Up to 1⁄7 Edison throughout his prolific life. to the Museum of Arts and History, in the By Mr. FEINGOLD (for himself (2) DESIGNATION AND INSCRIPTIONS.—On city of Port Huron, Michigan, for the endow- and Mr. KOHL): each coin minted under this title there shall ment and construction of a special museum S. 300. A bill to prohibit the use of be— on the life of Thomas A. Edison in Port certain assistance provided under the (A) a designation of the value of the coin; Huron. Housing and Community Development (B) an inscription of the years ‘‘1847–1997’’; (2) EDISON BIRTHPLACE ASSOCIATION.—Up to Act of 1974 to encourage plant closings 1⁄7 to the Edison Birthplace Association, In- and and the resultant relocation of employ- (C) inscriptions of the words ‘‘Liberty’’, corporated, in Milan, Ohio, to assist in the efforts of the association to raise an endow- ment, and for other purposes; to the ‘‘In God We Trust’’, ‘‘United States of Amer- Committee on Banking, Housing, and ica’’, and ‘‘E Pluribus Unum’’. ment as a permanent source of support for Urban Affairs. (3) OBVERSE OF COIN.—The obverse of each the repair and maintenance of the Thomas coin minted under this title shall bear the A. Edison birthplace, a national historic THE PROHIBITION OF INCENTIVES FOR likeness of Thomas A. Edison. landmark. RELOCATION ACT OF 1997 (b) DESIGN COMPETITION.—Before the end of (3) NATIONAL PARK SERVICE.—Up to 1⁄7 to ∑ Mr. FEINGOLD. Mr. President, I in- the 3-month period beginning on the date of the National Park Service, for use in pro- troduce legislation to address an im- enactment of this Act, the Secretary shall tecting, restoring, and cataloguing historic portant and timely issue for the citi- conduct an open design competition for the documents and objects at the ‘‘invention fac- zens of my State of Wisconsin, and for design of the obverse and the reverse of the tory’’ of Thomas A. Edison in West Orange, New Jersey. others all over our Nation—the issue of coins minted under this title. job piracy. (c) SELECTION.—The design for the coins (4) EDISON PLAZA MUSEUM.—Up to 1⁄7 to the minted under this title shall be— Edison Plaza Museum in Beaumont, Texas, Last month, officials in the State of (1) selected by the Secretary after con- for expanding educational programs on Michigan announced a new initiative sultation with the Commission of Fine Arts; Thomas A. Edison and for the repair and designed to lure businesses from other and maintenance of the museum. States into their own borders. Busi- (2) reviewed by the Citizens Commemora- (5) EDISON WINTER HOME AND MUSEUM.—Up nesses are provided a tempting incen- tive Coin Advisory Committee. to 1⁄7 to the Edison Winter Home and Mu- tive to relocate there, tax-free status SEC. 104. ISSUANCE OF COINS. seum in Fort Myers, Florida, for historic for 15 years, if they relocate to select (a) QUALITY OF COINS.—Coins minted under preservation, restoration, and maintenance regions of the State. The communica- this title shall be issued in uncirculated and of the historic home and chemical laboratory tions director for the Michigan Jobs of Thomas A. Edison. proof qualities. Commission, Jim Tobin, was quoted in (b) MINT FACILITY.—Only 1 facility of the (6) EDISON INSTITUTE.—Up to 1⁄7 to the Edi- United States Mint may be used to strike son Institute, otherwise known as ‘‘Green- the Wisconsin State Journal as saying any particular quality of the coins minted field Village’’, in Dearborn, Michigan, for use that the new so-called renaissance under this title. in maintaining and expanding displays and zones program ‘‘will aggressively pur- (c) COMMENCEMENT OF ISSUANCE.—The Sec- educational programs associated with Thom- sue Wisconsin companies for relocation retary may issue coins minted under this as A. Edison. into Michigan.’’ Presumably, other title beginning on and after the date of en- (7) EDISON MEMORIAL TOWER.—Up to 1⁄7 to States bordering Michigan will be tar- actment of this Act. the Edison Memorial Tower in Edison, New geted as well. (d) TERMINATION OF MINTING AUTHORITY.— Jersey, for the preservation, restoration, and I was extremely disappointed to hear No coins may be minted under this title expansion of the tower and museum. after July 31, 1998. that my neighboring State had chosen (b) EXCESS PAYABLE TO THE NATIONAL NU- SEC. 105. SALE OF COINS. to blatantly target Wisconsin jobs, MISMATIC COLLECTION.—After payment of the (a) SALE PRICE.—The coins issued under rather than focusing its energies on amounts required under subsection (a), the creating new jobs for its residents. In this title shall be sold by the Secretary at a Secretary shall pay the remaining sur- price equal to the sum of— charges to the National Museum of Amer- my opinion, economic development (1) the face value of the coins; ican History in Washington, D.C., for the ought not be thought of as a zero-sum (2) the surcharge provided in subsection (d) support of the National Numismatic Collec- game. We live in an era of increasing with respect to such coins; and tion at the museum. economic interdependence, and respon- (3) the cost of designing and issuing the (c) AUDITS.—Each organization that re- sible elected officials should be focus- coins (including labor, materials, dies, use of ing on regional and national solutions machinery, overhead expenses, marketing, ceives any payment from the Secretary and shipping). under this section shall be subject to the to the crises in our States’ most eco- (b) BULK SALES.—The Secretary shall audit requirements of section 5134(f)(2) of nomically distressed areas, not on raid- make bulk sales of the coins issued under title 31, United States Code. ing each others’ jobs. this title at a reasonable discount. SEC. 108. FINANCIAL ASSURANCES. Upon hearing of the new Michigan (c) PREPAID ORDERS.— initiative, my colleagues Senator KOHL (a) NO NET COST TO THE GOVERNMENT.—The (1) IN GENERAL.—The Secretary shall ac- and Congressman TOM BARRETT and I cept prepaid orders for the coins minted Secretary shall take such actions as may be necessary to ensure that minting and issuing requested investigations from several under this title before the issuance of such Federal agencies in order to ascertain coins. coins under this title will not result in any net cost to the United States Government. whether and to what degree Federal (2) DISCOUNT.—Sale prices with respect to prepaid orders under paragraph (1) shall be (b) PAYMENT FOR COINS.—A coin shall not funds are being used to finance the ren- at a reasonable discount. be issued under this title unless the Sec- aissance zones initiative. We feel (d) SURCHARGES.—All sales of coins minted retary has received— strongly that our constituents’ tax dol- under this title shall include a surcharge of— (1) full payment for the coin; lars should not have to help finance the (1) $14 per coin for the $1 coin; and (2) security satisfactory to the Secretary efforts of those across State lines who (2) $7 per coin for the half dollar coin. to indemnify the United States for full pay- attempt to steal their jobs. SEC. 106. GENERAL WAIVER OF PROCUREMENT ment; or Fortunately, most Federal economic REGULATIONS. (3) a guarantee of full payment satisfac- development grant programs, such as (a) IN GENERAL.—Except as provided in tory to the Secretary from a depository in- subsection (b), no provision of law governing stitution whose deposits are insured by the those funded by the Small Business Ad- procurement or public contracts shall be ap- Federal Deposit Insurance Corporation or ministration and the Economic Devel- plicable to the procurement of goods and the National Credit Union Administration opment Administration, currently in- services necessary for carrying out this title. Board. clude antipiracy language. However,

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1234 CONGRESSIONAL RECORD — SENATE February 11, 1997 this important anti-piracy provision is SECTION 1. PROHIBITION OF USE OF CERTAIN S. 301. A bill to authorize the Sec- conspicuously absent in the Commu- ASSISTANCE TO ENCOURAGE PLANT retary of the Interior to set aside up to CLOSINGS AND RESULTANT RELO- nity Development Block Grant [CDBG] CATION OF EMPLOYMENT. $2 per person from park entrance fees Program and several other small pro- (a) AUTHORIZATIONS.—Section 103 of the or assess up to $2 per person visiting grams administered by the Department Housing and Community Development Act of the Grand Canyon or other national of Housing and Urban Developmen 1974 (42 U.S.C. 5303) is amended— park to secure bonds for capital im- [HUD]. (1) by inserting ‘‘(a)’’ before ‘‘The Sec- provements to the park, and for other Today, Senator KOHL and I are intro- retary’’; and purposes; to the Committee on Energy (2) by adding at the end the following new ducing the Prohibition of Incentives and Natural Resources. for Relocation Act of 1997, a bill we subsection: ‘‘(b) PROHIBITION OF USE OF ASSISTANCE TO NATIONAL PARKS LEGISLATION have introduced previously, in both the ENCOURAGE PLANT CLOSINGS AND RESULTANT Mr. McCAIN. Mr. President, I intro- 103d and 104th Congresses. It would RELOCATION OF EMPLOYMENT.— duce legislation that would allow us to simply make the CDBG, HUD special ‘‘(1) IN GENERAL.—Notwithstanding any make desperately needed improve- purpose grants, and HUD economic de- other provision of law, no amount from a ments within America’s national velopment grants consistent with other grant made under section 106 shall be used parks. domestic economic development grant for any activity that is intended or is likely The National Parks Capital Improve- to— programs, by prohibiting HUD funds ments Act of 1997 would allow private from being used for activities that are ‘‘(A) facilitate the closing of an industrial or commercial plant or the substantial re- fundraising organizations to enter into intended, or likely to facilitate, the duction of operations of a plant; and agreements with the Secretary of the closing of an industrial or commercial ‘‘(B) result in the relocation or expansion Interior to issue taxable capital devel- plant, or the substantial reduction of of a plant from one area to another area. opment bonds. Bond revenues would operations of a plant; and result in the ‘‘(2) NOTICE.—The Secretary shall, by no- then be used to finance park improve- relocation or expansion of a plant from tice published in the Federal Register, estab- ment projects. The bonds would be se- one area to another area. Identical leg- lish such requirements as may be necessary cured by an entrance fee surcharge of to implement this subsection. Such notice islation is being introduced in the up to $2 per visitor at participating House by Representative BARRETT and shall be published as a proposed regulation and take effect upon publication. The Sec- parks, or a set-aside of up to $2 per vis- Representative KLECZKA. itor from current entrance fees. We became aware of this problem in retary shall issue final regulations, taking into account public comments received by Our national park system has enor- the way the CDBG language is cur- the Secretary.’’. mous capital needs—by last estimate, rently drafted several years ago. In (b) SPECIAL PURPOSE GRANTS.—Section 107 over $3 billion for high priority 1994, Briggs and Stratton, one of Wis- of the Housing and Community Development projects such as improved transpor- consin’s major employers, announced Act of 1974 (42 U.S.C. 5307) is amended by add- tation systems, trail repairs, visitor fa- ing at the end the following new subsection: that its Milwaukee plant would be clos- cilities, historic preservation, and the ing. As a result, over 2,000 jobs at the ‘‘(g) PROHIBITION OF USE OF ASSISTANCE TO ENCOURAGE PLANT CLOSINGS AND RESULTANT list goes on and on. The unfortunate plant were lost. The total economic im- reality is that even under the rosiest pact on the community was even RELOCATION OF EMPLOYMENT.— ‘‘(1) IN GENERAL.—Notwithstanding any budget scenarios our growing park worse: For every four Briggs jobs lost, other provision of law, no amount from a needs far outstrip the resources cur- an estimated one additional job from a grant made under this section shall be used rently available. supplier or other business that relied for any activity that is intended or is likely A good example of this funding gap is on Briggs was lost. to— at Grand Canyon National Park. The At the same time as the Milwaukee ‘‘(A) facilitate the closing of an industrial park’s recently approved park manage- closing, Briggs and Stratton expanded or commercial plant or the substantial re- ment plan calls for over $300 million in two of its plants in other States. I do duction of operations of a plant; and capital improvements, including a des- not dispute its right to do so. But what ‘‘(B) result in the relocation or expansion perately needed transportation system I find objectionable, Mr. President, is of a plant from one area to another area. ‘‘(2) NOTICE.—The Secretary shall, by no- that Federal dollars, CDBG funds, were to reduce congestion. Despite this tice published in the Federal Register, estab- enormous need for funding, the Grand used to facilitate the transfer of these lish such requirements as may be necessary jobs from one State to another. This Canyon received only $12 million from to implement this subsection. Such notice the Federal Government last year for was, in my opinion, a completely inap- shall be published as a proposed regulation propriate use of Federal funds. The and take effect upon publication. The Sec- operating costs. The gap is as wide as Community Development Block Grant retary shall issue final regulations, taking the Grand Canyon itself. Clearly, we Program is designed to expand employ- into account public comments received by must find a new way to finance park ment opportunities and economic the Secretary.’’. needs. growth, not simply move jobs from one ‘‘(c) ECONOMIC DEVELOPMENT GRANTS.—Sec- Revenue bonding would take us a tion 108(q) of the Housing and Community community to another. There is no long way toward meeting our needs Development Act of 1974 (42 U.S.C. 5308(q)) is within the national park system. Based way to justify to my constituents that amended by adding at the end the following they are sending their tax dollars to on current visitation rates at the new paragraph: Grand Canyon, a $2 surcharge would Washington to be distributed to other ‘‘(5) PROHIBITION OF USE OF ASSISTANCE TO enable us to raise $100 million from a States in order to attract jobs out of ENCOURAGE PLANT CLOSINGS AND RESULTANT our State, leaving behind communities RELOCATION OF EMPLOYMENT.— bond issue amortized over 20 years. whose economic stability has been de- ‘‘(A) IN GENERAL.—Notwithstanding any That is a significant amount of money stroyed. other provision of law, no amount from a which we could use to accomplish Mr. President, it is not clear if CDBG grant made under this subsection shall be many critical park projects. used for any activity that is intended or is I want to emphasize, however, the dollars are being used by the State of likely to— Michigan to finance their piracy of Grand Canyon would not be the only ‘‘(i) facilitate the closing of an industrial park eligible to benefit from this legis- jobs from my State and from our other or commercial plant or the substantial re- Midwestern neighbors. But in any duction of operations of a plant; and lation. Any park unit with capital event, the statute should be revised to ‘‘(ii) result in the relocation or expansion needs in excess of $5 million is eligible prohibit such usage. It is an issue of of a plant from one area to another area. to participate. Among eligible parks, fairness, and it deserves our attention. ‘‘(B) NOTICE.—The Secretary shall, by no- the Secretary of the Interior will deter- I ask unanimous consent that the text tice published in the Federal Register, estab- mine which may take part in the pro- lish such requirements as may be necessary of the bill be printed in the RECORD. gram. There being no objection, the bill was to implement this paragraph. Such notice I also want to stress that only shall be published as a proposed regulation ordered to be printed in the RECORD, as projects approved as part of a park’s and take effect upon publication. The Sec- general management plan can be fund- follows: retary shall issue final regulations, taking S. 300 into account public comments received by ed through bond revenue. This proviso Be it enacted by the Senate and House of Rep- the Secretary.’’.∑ eliminates any concern that the rev- resentatives of the United States of America in enue could be used for projects of ques- Congress assembled, By Mr. McCAIN: tionable value to the park.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1235 In addition, only organizations under for future generations and to provide NATIONAL TRUST FOR HISTORIC agreement with the Secretary will be for their enjoyment by the American PRESERVATION, authorized to administer the bonding, people. The National Parks Capital Im- Washington, DC, February 3, 1997. so the Secretary can establish any Hon. JOHN MCCAIN, provements Act must pass if we are to U.S. Senate, rules or policies he deems necessary successfully fulfill the enduring re- Washington, DC. and appropriate. sponsibilities of stewardship with DEAR SENATOR MCCAIN: On behalf of the Under no circumstances, however which we have been vested. I urge my more than 250,000 members of the National Trust for Historic Preservation, I am writing would, investors be able to attach liens colleagues to support me in this impor- against Federal property in the very to express our support for the National tant effort. unlikely event of default. The bonds Parks Improvements Act of 1997. This legis- I ask unanimous consent that copies lation creates, in the form of revenue bonds, will be secured only by the surcharge an innovative mechanism for funding the revenues. of letters supporting this legislation backlog of capital investment and deferred Finally, the bill specifies that all from the Environmental Defense Fund, maintenance needs in our National Park professional standards apply and that the National Trust for Historic Preser- System. the issues are subject to the same laws, vation, the Grand Canyon Fund, the Recently, Senator Craig Thomas, the new rules, and regulatory enforcement pro- National Park Foundation, the Grand Chairman of the Subcommittee on Parks, cedures as any other bond issue. Historic Preservation and Recreation, ex- Canyon Trust, the Friends of Acadia, pressed the view that the challenges facing The most obvious question raised by Mount Rainier, North Cascades & the National Parks System—specifically the this legislation is: Will the bond mar- Olympic Fund and the Rocky Mountain backlog of deferred maintenance, repair and kets support park improvement issues, National Park Associates, Inc., be in- restoration needs—must be addressed outside guaranteed by an entrance surcharge? that normal annual appropriation process. cluded in the RECORD. The answer is yes, emphatically. Amer- The National Trust for Historic Preservation icans are eager to invest in our Na- There being no objection, the letters has a particular interest in finding sources of tion’s natural heritage, and with park were ordered to be printed in the funding for the $1 to $2 billion backlog of res- toration and rehabilitation needs for the visitation growing stronger, the risks RECORD, as follows: 20,000 historic structures in our National would appear minimal. For example, a ROCKY MOUNTAIN NATIONAL PARK Parks. The National Parks Improvement Act recent Washington Times editorial ASSOCIATES, INC., of 1997 provides a solution to the complex printed on December 8, 1996, noted that Estes Park, CO, February 3, 1997. problem, and we look forward to working park visitation has increased to nearly Senator JOHN MCCAIN, with you on this legislation. 280 million since 1983, so that now more U.S. Senate, Sincerely, than a quarter of a million people visit Washington, DC. EDWARD M. NORTON, Jr. DEAR SENATOR MCCAIN, Permit me to add a our national parks every year. That GRAND CANYON FUND, INC., voice of support for the bill you are reintro- editorial went on to point out that at- Grand Canyon, AZ, January 31, 1997. ducing known as the National Parks Capital tendance is expected to further in- Hon. JOHN MCCAIN, crease to well over 300 million by the Improvement Act. U.S. Senate, turn of the century. Many of us affiliated as non profit and Washington, DC. Are park visitors willing to pay a lit- philanthropic partners working to improve DEAR SENATOR MCCAIN: We are very tle more at the entrance gate if the and enhance America’s National Park Sys- pleased to offer our enthusiastic support of tem are searching for innovative solutions to your new legislation, which will enable the money is used for park improvements? National Park Service and private partners address the pressing needs of our parks. The Again, yes. Time and time again, visi- to use taxable revenue bond funding for the concept of the National Parks Capital Im- tors have expressed their support for benefit of our irreplaceable national parks. increased fees provided that the rev- provements Act may be innovative within We understand the new legislation incor- enue is used where collected and not di- the context of national parks, but it is clear- porates the necessary changes to accommo- ly a well-tested tool in the private sector and verted for some other purpose devised date the recreation fee demonstration it is needed now for our park fix-up kits. It project and other interests. by Congress. is my understanding that it permits bonds to Revenue bonding is an additional tool for With the fee demonstration program be issued at our parks—at least those areas private partners to utilize in assisting the currently being implemented at parks having special long-term needs and those National Park Service with meeting the around the Nation, an additional $2 adept at revenue generation. This legislation overwhelming backlog of unfunded capital surcharge may not be necessary or ap- is not designed to address every need of the needs. We appreciated your support of the propriate at certain parks. Under the maintenance backlog which is fast accumu- parks with your bill S. 1695 (National Parks Capital Improvements Act of 1996) and were bill, those parks could choose to dedi- lating within the National Park System. But very pleased to testify before the United cate $2 per park visitor from current in specific parks—like that of Grand Canyon States Senate Subcommittee on Parks, His- entrance fees toward a bond issue. or others with carefully defined Master toric Preservation and Recreation last Sep- Finally, I want to point out that the Plans—this authority to issue bonds could be tember. We stand ready to assist you in any bill will not cost the Treasury any put to beneficial use immediately, address- appropriate way. money? On the contrary, it will result ing critically important infrastructure and Sincerely, in a net increase in Federal revenue. visitor services improvement programs. EUGENE P. POLK, First, the bonds will be fully taxable. I hasten to add that not many parks have Chairman. Second, making desperately needed im- non profit partnerships as strong as Grand ROBERT W. KOONS, provements sooner rather than later Canyon National Park has with its affiliates, President. the Grand Canyon Association and the Grand will reduce total project costs. FRIENDS OF ACADIA, Mr. President, this legislation seeks Canyon Fund. The key to making this bond Maine, February 3, 1997. to use park entrance fees to their full- issuance authority work effectively is the Re S. 1695—National Parks Capital Improve- est potential through bonds. I appre- leadership and managerial competence com- ments Act of 1997. ciate that some details may remain to ing from these non profit partners. The Na- Senator JOHN MCCAIN, be worked out in this bill and I encour- tional Park Service is fortunate to have such Senator BEN NIGHTHORSE CAMPBELL, age the administration and other inter- strong non profit friends who are able to Subcommittee on Parks, Historic Preservation, both create and manage this financing plan ested groups to work with me to fine and Recreation. within the context of our National Park Sys- DEAR SEN. MCCAIN, SEN. CAMPBELL AND tune this legislation. But, I believe tem. COMMITTEE MEMBERS: Friends of Acadia en- that use of revenue bonds to pay the thusiastically supports S. 1695, the National staggering costs for capital improve- I applaud your foresight and your leader- Parks Capital Improvements Act of 1997. ments within our parks is an idea ship in reintroducing the National Parks Please add these comments directly to the Capital Improvements Act in this current whose time has come. record. session of Congress. I heartily endorse your America has been blessed with a rich The bill would allow as much as a $2.00 concern and your continued efforts in seek- user surcharge for visitors to Grand Canyon natural heritage. The National Park ing new solutions to help our national parks. National Park and allow the issuance of Service Organic Act, which created the Kindest regards, bonds by a nonprofit park cooperator. The National Park Service, enjoins us to C.W. BUCHHOLTZ, bill can apply to other, unspecified parks as protect our precious natural resources Executive Director. well.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1236 CONGRESSIONAL RECORD — SENATE February 11, 1997 Friends of Acadia endorses this resourceful We look forward to working with you to I look forward to working with you as your idea and thinks it may be applicable to Aca- achieve passage of this important legisla- proposal works its way through the legisla- dia National Park, which has an approved tion. tive process. general management plan and currently has Sincerely, Respectfully, capital needs exceeding $5 million. GEOFFREY S. BARNARD, JAMES B. MARTIN, We respectfully request that, based on con- President. Senior Attorney.∑ ditions unique to a given park, an individual By Mr. CHAFEE (for himself, Mr. park may be allowed to set the surcharge MOUNT RAINIER, NORTH CASCADES ROCKEFELLER, Mr. FRIST, Mr. JEF- within or above the fee demonstration & OLYMPIC FUND, amount, if it is a fee demonstration park. Seattle, WA, January 31, 1997. FORDS, and Ms. COLLINS): Friends of Acadia is an independent non- Senator JOHN MCCAIN, S. 302. A bill to amend title XVIII of profit organization whose mission is to pro- Washington, DC. tect and preserve Acadia National Park and the Social Security Act to provide ad- the surrounding communities. We recently DEAR SENATOR MCCAIN: On behalf of the ditional consumer protections for raised $4 million in private funds to leverage Mount Rainier, North Cascades & Olympic Medicare supplemental insurance; to a $4-million park capital appropriation. Fund, I would like to state our strong sup- the Committee on Finance. port for the upcoming bill that is replacing This was a model private-public partner- THE MEDIGAP PORTABILITY ACT OF 1997 S. 1695. ship. Its success demonstrates that federal Mr. CHAFEE. Mr. President. Last dollars can be effectively multiplied by inno- The Fund is a non-profit organization, vative use of philanthropic nonprofits, as is dedicated to the preservation and restora- year, the President signed into law bi- envisioned in this bill. tion of Washington’s National Parks. Organi- partisan legislation that provides Friends of Acadia urges passage of S. 1695. zations such as the Fund, have been created greater portability of health insurance Thank you for your consideration of and throughout the United States to help fill the for working Americans. Today, I join support for this effort. increasing gap between national park needs with my colleagues, Senator ROCKE- Sincerely, and funds. In 1995, these non-profits contrib- FELLER, Senator FRIST, Senator JEF- HEIDI A. BEAL, uted approximately $16 million dollars to na- FORDS, and Senator COLLINS, in the in- Director of Programs. tional parks throughout the nation. How- ever, even this impressive figure is only troduction of a bipartisan bill that will NATIONAL PARK FOUNDATION, scratching the surface of the National Park provide some of the same guarantees Washington, DC, February 3, 1997. Services needs. for Medicare beneficiaries who buy Hon. JOHN MCCAIN, ‘‘The National Park Service was created in Medicare supplemental insurance or U.S. Senate, Washington, DC. 1916, with a mandate to manage the national MediGap policies. DEAR SENATOR MCCAIN: Last year the Na- parks in such a manner . . . as will leave Of the 38 million Medicare bene- tional Park Foundation enjoyed working them unimpaired for the enjoyment of future ficiaries, about 80 percent, or 31 mil- with you on several pieces of legislation, in- generations.’’ As financial pressures have cluding a bill you authored which would lion, have some form of Medicare sup- mounted, it has become increasingly dif- have allowed the use of taxable bonds to fi- plemental insurance, whether covered ficult for the parks to fulfill this mission. nance long-term capital improvements with- through an employer-sponsored health in the National Park System. This bill, the I believe that passage of the National plan, Medicaid or another public pro- Parks Capital Improvements Act, will help National Parks Capital Improvements Act, gram, or a private MediGap policy. Our would have generated additional revenue for parks such as the Grand Canyon, fulfill their mission to protect our national treasures for bill does several important things for America’s natural, cultural and historic Medicare beneficiaries who have had treasures through an innovative public-pri- present and future generations. vate partnership. Thank you for your efforts to preserve and continuous coverage: As the 105th Congress begins, we look for- protect our natural heritage. First, it guarantees that if their plan ward to working closely with you and your Sincerely, goes out of business or the beneficiary staff on legislation designed to help conserve KIM M. EVANS, moves out of a plan service area, he or and protect National Parks. Executive Director. she can buy another comparable policy. Thank you for your consistent, thoughtful These rules also would apply to a sen- support of Grand Canyon National Park and ENVIRONMENTAL DEFENSE FUND, the leadership you have shown in developing ior who has had coverage under a re- Boulder, CO, February 9, 1997. tiree health plan or Medicare Select if solutions to help the entire National Park Hon. JOHN MCCAIN, System. U.S. Senate, their plan goes out of business. Sincerely, Washington, DC. Second, it encourages beneficiaries JIM MADDY, DEAR SENATOR MCCAIN: In a recent report, to enroll in Medicare managed care by President. the General Accounting Office told the guaranteeing that they can return to United States Congress that ‘‘the national Medicare fee-for-service and, during GRAND CANYON TRUST, park system is at a crossroads.’’ The General the first year of enrollment, get back February 6, 1997. Accounting Office confirmed what many of their same MediGap policy if they de- Hon. JOHN MCCAIN, us have known for some time: while the na- cide they do not like managed care. Washington, DC. tional park system is growing and visitation DEAR SENATOR MCCAIN: I am writing to ex- Under current law, if a senior wishes to is increasing, the resources available to press Grand Canyon Trust’s support for the manage and protect these resources are fall- enroll in a Medicare managed care National Parks Capital Improvements Act of ing far short of what is needed to preserve plan, he or she has two options. The 1997, legislation to authorize a $2.00-per-per- America’s natural and historical heritage. MediGap policy may be dropped if the son surcharge on entrance fees at Grand Can- As a result, the backlog of repairs and main- senior chooses a managed care pro- yon and other national parks to secure bonds tenance needed throughout the national for capital improvements. gram, or the individual can continue to We believe the proposed legislation will park system has grown to $4 billion. pay MediGap premiums in the event greatly assist the efforts of the National Last year, you proposed legislation that that the policy is needed again some Park Service and other entities to generate would have authorized a limited number of day—a very costly option for those on the additional funding so urgently needed to not-for-profit entities to issue taxable bonds, fixed incomes. Many seniors fear that maintain, repair and enhance the infrastruc- the proceeds of which would have been used to make critically needed investment in if they lose their supplemental policy ture of Grand Canyon National Park and after entering a managed care plan, it others in the National Park System. We sup- units of the national park system. Without port the proposed use of the $2.00-per-person creative and innovative approaches such as may be financially impossible for them surcharge to generate incremental revenue this, we very likely will never close the gap to reenroll in MediGap. for park capital projects. between the financial resources that are Third, it bans preexisting condition Grand Canyon Trust shares your concerns needed to manage and protect our national exclusion periods for Medicare bene- that the park system’s, and particularly park system, and the resources that are ficiaries who obtain MediGap policies Grand Canyon National Park’s, pressing in- available. when they are first eligible for Medi- frastructure and resource management needs I understand that you plan to introduce a care. Under current law, any time in- will not be met unless Congress acts to pro- similar bill in the 105th Congress, and I am surers sell a MediGap policy, they can vide the new authority proposed in this leg- writing to offer the Environmental Defense islation. If those needs are not met, the envi- Fund’s support for this undertaking. While limit or exclude coverage for services ronment in the parks and visitors’ experi- no one piece of legislation will solve all of related to preexisting health condi- ences will continue to deteriorate, an unac- the problems confronted by the national tions for a 6-month period. ceptable and unnecessary fate for America’s park system, your legislation is a big step in Fourth, it establishes a guaranteed ‘‘crown jewels,’’ the national parks. the right direction. open enrollment period for those under

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1237 65 who become Medicare beneficiaries but the bottom line is, he will still tinuous coverage, they are deficient in because they are disabled. Under cur- have to pay massive sums of money for encouraging the same for individuals rent Federal law, Medicare bene- his medications, money which he does with disabilities who are unable to ob- ficiaries are offered a 6-month open en- not have. Unfortunately, his situation tain supplemental coverage even if rollment period only if they are 65. is not unique. Many seniors, as well as they have had continuous insurance There are approximately 5 million other individuals with disabilities, are coverage. They also limit the choices Americans who are under 65 years of suffering as well. of seniors who wish to switch plans or age and are enrolled in the Medicare How did this happen? What is the whose retiree plans terminate or limit program. Currently, they do not have real issue? MediGap insurance policies coverage. The situation is simply un- access to MediGap policies unless State offer coverage for Medicare’s fair. laws require insurers to offer policies deductibles and coinsurance and pay Last fall, the President signed the to them. Our bill provides for a one- for many services not covered by Medi- Health Insurance Portability and Ac- time open enrollment period for the care. However, for several reasons, the countability Act of 1996 (the ‘‘Kasse- current Medicare disabled, which will current MediGap laws do not always baum-Kennedy’’ bill) which addressed guarantee access to all MediGap plan meet the needs of Medicare bene- health insurance portability for the options for almost 5 million disabled ficiaries—especially individuals with small group market. The Medigap Americans. disabilities. Portability Act addresses similar It is true that this bill does not go as First, under current law, individuals issues for seniors and individuals with far as some would like. Our bill leaves with disabilities who qualify for full disabilities. to the states more controversial issues, Medicare benefits before the age of 65 First, seniors will now have more such as continuous open enrollment must wait to purchase MediGap cov- choices than were available before. and community rating of MediGap pre- erage until they reach that age. At They will be able to explore the man- miums. I believe, however, that this that time, they are given a 6-month pe- aged care options now available, yet legislation will provide seniors similar riod of open enrollment. This means still return to their original Medigap guarantees to those that we provided that unlike the elderly, they cannot plans if they change their minds. to working Americans under the Kasse- obtain MediGap insurance when they Second, if their retiree health plans baum-Kennedy legislation. become eligible for Medicare. terminate or substantially reduce ben- Mr. FRIST. Mr. President, I rise to Second, even when obtainable, efits, seniors will still have access to speak in support of the MediGap Port- MediGap coverage may be limited. supplemental health insurance without ability Act of 1997. The importance of During the open enrollment period, in- regard to previous health status. Finally, if their insurance plans this legislation is best expressed by the surers may not use a preexisting condi- should go out of business, seniors will many stories of individuals who have tion to refuse a policy for an indi- still have Medigap options. unsuccessfully tried to obtain adequate vidual. However, coverage for a specific In other words, it guarantees choice Medicare supplemental coverage. preexisting condition can be delayed and security for senior citizens on Therefore, I would like to share with for up to 6 months. This is called un- Medicare. you the experience of one of my con- derwriting. Even though alternative In addition, the bill guarantees ac- stituents—Gary Purcell, a 60-year-old policies which do not use the under- cess to the same coverage available to retired professor from the University of writing process are available, they do seniors for individuals with disabilities Tennessee. not necessarily offer comparable cov- in three ways: To say the least, Dr. Purcell’s health erage. Further, Federal law does not First, it insures that anyone will be status has been a challenge for him. guarantee that these alternatives will able to enroll in a Medigap plan of Despite a history of multiple illnesses continue in the future. Thus, individ- their choosing without discrimination including lupus, hypertension, diabe- uals with disabilities on Medicare may during the first 6 months of their eligi- tes, severe heart and kidney disease, not receive the same choices of bility for full Medicare benefits, re- and recurrent life-threatening skin in- MediGap plans as their senior counter- gardless of age. fections, this man kept working. Even parts. Second, the bill guarantees that the after suffering a stroke, he kept work- Third, such stringent requirements disabled will still have the same access ing. Dr. Purcell fought to remain pro- hinder the efforts of seniors who wish to the array of Medigap choices that ductive, but as his condition deterio- to try a Medicare managed care option. are available to seniors after the en- rated, he was forced to retire on dis- They are afraid of not being able to re- rollment period ends, although restric- ability. He subsequently developed ceive comparable supplemental cov- tions may apply. prostate cancer and recently suffered erage should they decide to return to And, third, individuals with disabil- an amputation of the left leg. the traditional fee-for-service Medi- ities who are currently enrolled in the One day last fall, he received a letter care. Accordingly, they do not take the Medicare program will have a one-time saying he was eligible for Medicare due risk of changing. This is perhaps one open enrollment period to guarantee to disability. In fact, the situation was reason that enrollment in Medicare their access to all Medigap plan op- a little more complicated than that. managed care lags far behind the rest tions. Since he had not yet reached his 65th of the population. We must encourage Dr. Purcell is a responsible middle birthday, Dr. Purcell was actually this transition if we are to slow the income American who fell through the being reassigned to Medicare, thus los- growth of Medicare costs. safety net. He lost both rights and ing his private health insurance cov- Fourth, those Medicare beneficiaries choices. In his own words, ‘‘I find it so erage. Due to the fact he is eligible for whose employer-provided wrap-around frustrating that I had really planned Medicare because of disability and not plans are reducing or dropping benefits for the retirement period and had tried age, and because of preexisting medical after they become eligible for Medicare to prepare myself as prudently as pos- conditions, Dr. Purcell could not ob- will have difficulties purchasing addi- sible * * * Yet, I had no idea that my tain MediGap coverage and he had no tional coverage. comprehensive coverage would cease other insurance options. As a result, he Finally, we must consider those who after only 2 years. Even though I have will incur high out-of-pocket costs to have enrolled in Medicare managed always done my best to be a good fill the many gaps in Medicare’s cov- care plans which terminate contracts worker and to provide for my family, erage. Although Dr. Purcell will be eli- with Medicare or whom move outside the rug was pulled out from under me gible for supplemental coverage at age the service area of their plan. In these anyway. I feel so helpless.’’ 65, 5 years from now, until then he will circumstances, beneficiaries often need Dr. Purcell went on to say, ‘‘I have to spend $500 per month or 25 per- to return to the traditional Medicare thought the issue through and tried to cent of his income on medications to program and may again wish to obtain determine where I might have the most make up for what Medicare does not supplemental coverage. impact just as one person * * * I felt cover. To summarize, although our current that my best option was to go to the Dr. Purcell explored other options— policies may encourage many members people who represent me * * * in the ways of obtaining less expensive drugs, of the aging population to obtain con- national legislature.’’

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1238 CONGRESSIONAL RECORD — SENATE February 11, 1997 Dr. Purcell and the 4 million other fered by her husband’s employer. They pendent analysis of our legislation. We disabled Americans he represents have have not been able to find an insurer are confident that their evaluation of legitimate concerns. So do the 34 mil- willing to sell them a MediGap policy our bill will lay to rest any concerns lion senior citizens who are also af- to help with Medicare’s hefty cost- about wild hikes in MediGap premiums fected by this issue. They are only ask- sharing requirements. A MediGap pol- because of our provision to end the cur- ing for the same rights given to work- icy would be more affordable for them rent law discrimination against the ing Americans. They are coming to us, than the insurance policy offered by disabled. their elected representatives, for help. her husband’s employer which dupli- Mr. President, our bill would protect Mr. President, I challenge my col- cates, rather than supplements, Medi- all Medicare beneficiaries by guaran- leagues and the insurance industry to care’s benefits. Many of the 50,000 dis- teeing them MediGap coverage if they respond to these beneficiaries. This bill abled West Virginians who qualify for are forced to change their MediGap in- will provide freedom of choice for sen- Medicare are in a similar situation. surer, or if their employer stops pro- iors and individuals with disabilities. It This is wrong and we can do better. is a step forward in our battle to im- Mr. President, almost 8 in 10 older viding retiree health benefits. Specifi- prove health care access for all of our Americans have opted to purchase poli- cally, our bill would require MediGap citizens and I give it my full support. cies through private insurance compa- insurers to sell Medicare beneficiaries Mr. ROCKEFELLER. Mr. President, I nies to fill gaps in their Medicare bene- a new MediGap policy without any pre- am pleased to be reintroducing a bill fits. This MediGap insurance com- existing condition limitations if an in- with my colleague from Rhode Island, monly covers the $756 deductible re- dividual moves outside the State in Senator CHAFEE, to improve the secu- quired for each hospital stay, the part which the insurer is licensed, or the rity and protection of Medicare supple- B deductible for doctor visits and doc- health plan goes out of business; if an mental policies, so-called MediGap tor copayments. MediGap policies also individual loses their employer-spon- policies. I am especially pleased that cover copayments for nursing home sored retiree health benefits; if an indi- Senator JEFFORDS, both the new chair- care, extended rehabilitation, or for vidual enrolled in a health mainte- man of the Labor and Human Re- emergency care received abroad. Some nance organization [HMO] or Medicare sources Committee and one of the new- MediGap policies cover prescription Select policy moves outside of a health est members of the Finance Com- drugs. plan’s service area, or if the HMO’s mittee, Senator FRIST, and Senator But even MediGap policies have gaps contract is canceled; or if an individual COLLINS have joined us this year as because of insurance underwriting enrolled in a HMO or a Medicare Select original cosponsors of our legislation. practices which prevent beneficiaries policy decides during their first 12 And I continue to be pleased that simi- from switching MediGap insurers or, as months of enrollment to return to a lar legislation has been introduced in in the case of the Medicare disabled, MediGap fee-for-service policy. the House of Representatives by the bi- from even initially purchasing partisan team of Representatives MediGap protection. Mr. President, our bill gives Medi- NANCY JOHNSON and JOHN DINGELL. Employers, looking to lower their care beneficiaries an opportunity to When enacted, our bipartisan, bi- health care costs, are increasingly cut- try out a managed care plan without cameral bill will make MediGap poli- ting back on retiree health benefits. In worrying about losing their option to cies more portable, more reliable, and just 2 years, employer-sponsored re- return to fee-for-service medicine. Un- more accessible for almost 40 million tiree health benefits has dropped by 5 derstandably, many seniors worry Medicare beneficiaries, including 5 mil- percent. These retirees are forced to go about enrolling in a managed care or- lion disabled Medicare beneficiaries. out on the private market and pur- ganization if it means losing access to Last year, when we introduced this chase individual MediGap coverage. their lifelong doctor. Our bill would en- bill, we were not terribly optimistic Those lucky enough to find insurance courage Medicare beneficiaries to try that it would get enacted before the will find their coverage compromised out a managed care plan to see if it end of the 104th Congress. But we put by preexisting condition limitations. suits them, but our bill gives them a forward our legislation anyway to Some won’t find an insurer willing to way back to fee-for-service medicine, if share our proposal and objectives, sell them a policy at any price. that ends up being their personal pref- begin building momentum for changes In 1990, I worked with Senator erence. we feel are necessary, and to preview CHAFEE, the minority leader, Senator Our legislation bans insurance com- the fact that we would be back in the DASCHLE, and the then-chairman of the 105th Congress with a concerted effort Finance Committee, Senator Bentsen, panies from imposing any preexisting to make this a legislative priority. As On enacting a number of measures to condition limitation during the 6- it turns out, having identified MediGap improve the value of MediGap policies. month open enrollment period for improvements as an area of bipartisan We also successfully enacted legisla- MediGap insurance when a person first concern, President Clinton has re- tion that standardized MediGap poli- qualifies for Medicare. This change sponded directly by adding the same cies so that seniors could more easily from current law makes the rules for goal of new MediGap protections as a compare the prices and benefits pro- MediGap policies consistent with the priority he shares and included it in his vided by MediGap insurers. recently enacted Kassebaum-Kennedy recently submitted budget proposal. At that time, Congress also man- bill for the under-65 population, and We are very happy that our bipartisan dated that insurers must sell a with Medicare coverage which begins support for improved MediGap protec- MediGap policy to any senior wishing immediately, regardless of any pre- tions got noticed by the President and to buy coverage when that person first existing conditions. will be pursued by his administration becomes eligible for Medicare, without Mr. President, our bill also includes a in the upcoming budget process. being subject to medical underwriting. section to help seniors choose the right Mr. President, too many Americans At the time, there was a worry that in- health plan for them by ensuring that are falling through the gaps in our cluding the Medicare disabled popu- they get good information on what health care system. For example, con- lation in this open enrollment period plans are available in their area. It al- sider the situation of a 44-year-old dis- would escalate premiums for current lows them to compare different health abled man from Capon Bridge, WV. He MediGap policyholders. As a result, the plans based on results of consumer sat- earns too much money to qualify for disabled were not included in this guar- isfaction surveys, and will include in- Medicaid and is unable to buy a private anteed issue requirement. Since then, formation on benefits and costs. MediGap policy because of his medical 12 States have moved ahead and re- condition. And, there is the 47-year-old quired insurers to issue policies to all Our bill does not directly address af- woman from Slanesville, WV, who is in Medicare beneficiaries in their States, fordability. And, even since we intro- a similar situation. She was uninsured including the disabled. To my knowl- duced our original bill last September, before qualifying for Medicare because edge, not one State has reported large there is growing evidence that of kidney disease. She and her husband hikes in premiums as a result of their MediGap premiums are skyrocketing. I have too many assets to qualify for new laws. am hopeful that the Finance Com- Medicaid and they can’t afford the $300- We have also asked the American mittee will take a closer look at this a-month health insurance policy of- Academy of Actuaries for an inde- issue

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1239 during its deliberations on other Medi- MEDICARE WAIVER FOR THE WELLNESS PLAN OF SECTION 1. WAIVER OF MEDICARE ENROLLMENT care reform initiatives. Between 1995 DETROIT, MI COMPOSITION RULES FOR THE WELLNESS PLAN. and 1996, large numbers of seniors re- Mr. ABRAHAM. Mr. President, at the The requirements of section 1876(f)(1) of ceived double-digit increases in their end of the last Congress I expressed my the Social Security Act (42 U.S.C. MediGap premiums. These increases disappointment at the unwillingness of 1395mm(f)(1)) are waived with respect to were far in excess of Social Security this body and the other Chamber to Comprehensive Health Services, Inc. (doing cost-of-living increases and varied dra- move legislation that I believe is im- business as The Wellness Plan) for contract matically across States. In my own portant to the health care of the people periods through December 31, 2000. State of West Virginia, MediGap poli- of Michigan. Today I rise along with ∑ Mr. LEVIN. Mr. President, today I cies sold by the Prudential Insurance my colleague from Michigan, Senator am joining with my colleague Senator Co. increased by 17 percent between LEVIN, to reintroduce our legislation ABRAHAM in introducing legislation 1995 and 1996. In Ohio, premiums in- providing a Medicare 50/50 enrollment that would provide the Wellness Plan creased by 30 percent and in California composition rule waiver for the of Michigan with a Medicare 50/50 en- by 37 percent. Wellness Plan of Detroit, MI. rollment composition rule waiver. I Congress has considerable history in The Wellness Plan is a federally cer- was disappointed that Congress did not trying to guarantee at least a minimal tified Medicaid health maintenance or- enact this waiver last session as the level of value across all MediGap poli- ganization located in Detroit, MI. It Wellness Plan is the prototype for the cies. Under the current law, individual has approximately 150,000 enrollees— type of health maintenance organiza- and group MediGap policies must spend roughly 140,000 of whom are Medicaid, tion into which many Medicare bene- at least 65 and 75 percent, respectively, while only about 2,000 are Medicare ficiaries will want to enroll. It is my of all premium dollars collected, on beneficiaries. Since 1993, the Wellness hope that the Senate will act expedi- benefits. If a MediGap plan fails to Plan has had a health care prepayment tiously on this legislation so that meet these minimum loss ratios, they plan contract with Medicare. However, Michigan Medicare beneficiaries may must issue refunds or credits to their technical changes enacted by Congress have the opportunity to enroll in this customers. effective January 1, 1996, unintention- well-established, quality plan.∑ Mr. President, while Federal loss ally prevent the Wellness Plan from f ratio standards help assure a minimum enrolling additional Medicare bene- ADDITIONAL COSPONSORS level of value, they do not prevent in- ficiaries under the HCPP contract. So S. 206 surance companies from annually up- the Wellness Plan is positioned to be- come a full Medicare risk contractor, At the request of Mr. REID, the name ping premiums as a senior ages. This of the Senator from Louisiana [Mr. practice, known as attained age-rating, it currently is precluded from doing so BREAUX] was added as a cosponsor of S. results in the frailest and the lowest due to the 50/50 Medicare enrollment composition rule. 206, a bill to prohibit the application of income seniors facing large, annual the Religious Freedom Restoration Act Mr. President, it is important to note premium hikes as they age. I would of 1993, or any amendment made by that even the Health Care Financing hope that more States would follow the such act, to an individual who is incar- Administration has supported the lead of the 10 States that have already cerated in a Federal, State, or local Wellness Plan receiving this plan-spe- banned attained age-rating. This would correctional, detention, or penal facil- cific 50/50 waiver. We also expect a vastly improve the affordability of ity, and for other purposes. MediGap for the oldest and frailest of companion bill to be introduced in the S. 251 our seniors. other Chamber shortly, and we expect At the request of Mr. SHELBY, the it to be cosponsored by the entire Mr. President, to repeat what I said name of the Senator from Nebraska Michigan delegation. last year, our bill is a targeted, mod- [Mr. HAGEL] was added as a cosponsor Because this legislation is essentially est, proposal. But it would provide very of S. 251, a bill to amend the Internal noncontroversial, affects only the real and very significant help to mil- Revenue Code of 1986 to allow farmers State of Michigan, and is supported by lions of Medicare beneficiaries who, to income average over 2 years. the entire State delegation, it is our year in and year out, pay out billions S. 277 earnest hope that the Senate will act of dollars in premiums to have peace of At the request of Mr. COCHRAN, the on this measure as expeditiously as mind when it comes to the cost of their name of the Senator from North Caro- possible. There is no rational justifica- health care. It is wrong and unfair lina [Mr. FAIRCLOTH] was added as a co- tion for preventing the Wellness Plan when senior and disabled citizens in sponsor of S. 277, a bill to amend the from enrolling new Medicare bene- West Virginia and across the country Agricultural Adjustment Act to restore ficiaries into its health plan. If our are suddenly dropped by insurers or de- the effectiveness of certain provisions goal is to allow a wider variety of op- nied a MediGap policy just because regulating Federal milk marketing or- tions and choices of health care plans they move to another State, or their ders. employer cuts back on promised re- for our seniors, a good place to start is S. 294 tiree health benefits, or because to allow those Michigan residents who wish to join this particular health At the request of Mrs. HUTCHISON, the they’re disabled. names of the Senator from Arizona Mr. President, it is always a pleasure maintenance organization to be able to do so. [Mr. MCCAIN], the Senator from Mis- to be working on legislation with the souri [Mr. ASHCROFT], the Senator from Mr. President, I wish to thank my Senator from Rhode Island. Senator Alaska [Mr. STEVENS], the Senator friend and colleague from Michigan, CHAFEE has a long, impressive, and, from New Hampshire [Mr. SMITH], and Senator CARL LEVIN, for once again more important, successful record in the Senator from North Carolina [Mr. supporting and helping me with this ef- enacting legislation that has helped FAIRCLOTH] were added as cosponsors of fort. I look forward to working with millions of seniors, children, and dis- S. 294, a bill to amend chapter 51 of him to see that this measure which has abled. I urge my colleagues to join Sen- title 18, United States Code, to estab- such broad support in Michigan be- ators JEFFORDS, FRIST, and COLLINS in lish Federal penalties for the killing or comes enacted in the very near future. cosponsoring this bill, and to help us attempted killing of a law enforcement extend more of the health care peace of Mr. President, I ask unanimous con- officer of the District of Columbia, and mind that older and disabled Ameri- sent that the text of the bill be printed for other purposes. cans ask for and deserve. in the RECORD. There being no objection, the bill was f By Mr. ABRAHAM (for himself ordered to be printed in the RECORD, as SENATE RESOLUTION 52—CON- and Mr. LEVIN): follows: CERNING THE NEED TO AD- S. 303. A bill to waive temporarily S. 203 DRESS THE CURRENT MILK CRI- SIS the Medicare enrollment composition Be it enacted by the Senate and House of Rep- rules for the Wellness Plan; to the resentatives of the United States of America in Mr. SPECTER (for himself, Mr. Committee on Finance. Congress assembled, SANTORUM, Mr. FEINGOLD, Mr. KOHL,

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Mr. JEFFORDS, and Mr. LEAHY) sub- Whereas because 1⁄4 of the air traffic of receive a briefing on the situation in mitted the following resolution; which American Airlines is in foreign air commerce Bosnia and the status of U.S. military was ordered to lie over, under the rule: (as that term is defined in section 40102 of forces participating in the stabilization title 49, United States Code), a strike would S. RES. 52 force [SFOR]. have an adverse effect with respect to— Whereas, during the last few months farm (1) the expansion of the market of United The PRESIDING OFFICER. Without milk prices have experienced substantial vol- States goods and services in foreign coun- objection, it is so ordered. atility, dropping precipitously from $15.37 tries; and COMMITTEE ON FOREIGN RELATIONS per hundredweight in September, 1996 to (2) the trading partners of the United Mr. HELMS. Mr. President, I ask $11.34 per hundredweight in December, 1996, States: Now, therefore, be it unanimous consent that the Com- while simultaneously there have been record Resolved, That it is the sense of the Sen- high costs for cattle feed; mittee on Foreign Relations be author- ate that— ized to meet during the session of the Whereas, there is a strong sense of finan- (1) the President should work in conjunc- cial crisis in the dairy industry; tion with the National Mediation Board to Senate on Tuesday, February 11, 1997, Whereas, many dairy farmers have looked facilitate a resolution of the labor dispute immediately after the first rollcall to the Federal government for relief because between the Allied Pilots Association and vote to hold a business meeting to vote minimum milk prices under the Milk Mar- AMR, the parent company of American Air- on pending items. keting Orders are established by the Depart- lines; and The PRESIDING OFFICER. Without ment of Agriculture; (2) the President should— Whereas, the price of cheese at the Na- objection, it is so ordered. (A) encourage— tional Cheese Exchange in Green Bay, Wis- COMMITTEE ON LABOR AND HUMAN RESOURCES (i) the settlement of the issues that are the consin influences milk prices paid to farmers Mr. HELMS. Mr. President, I ask subject of the labor dispute through the use because of its use in the Department of Agri- of the services of the National Mediation unanimous consent that the Com- culture’s Basic Formula Price under Federal Board established under section 4 of the mittee on Labor and Human Resources Milk Marketing Orders; Railway Labor Act (45 U.S.C. 154) before mid- be authorized to meet for a hearing on Whereas, less than one percent of the night on February 15, 1997 (which is the date the Health Insurance Portability and cheese produced in the United States is sold specified by the Allied Pilots Association as on the National Cheese Exchange and the Accountability Act, during the session the deadline for averting a strike); or Exchange acts as a reference price for as of the Senate on Tuesday, February 11, (ii) the achievement, by the date specified much as 95 percent of the commercial bulk 1997, at 9:30 a.m. in clause (i), of an agreement by the parties cheese sales in the nation; The PRESIDING OFFICER. Without to the dispute to arbitrate the issues that Whereas, there has been some concern objection, it is so ordered. among dairy producers that the prices at the are the subject of the labor dispute through the National Mediation Board; and COMMITTEE ON VETERANS’ AFFAIRS National Cheese Exchange may have been Mr. HELMS. Mr. President, the Com- manipulated downward, benefiting proc- (B) if necessary, establish a board under essors at the expense of dairy farmers; section 10 of the Railway Labor Act (45 mittee on Veterans’ Affairs would like Whereas, it is in the national interest to U.S.C. 160) to serve as an emergency board to to request unanimous consent to hold a ensure that market prices for milk, cheese, investigate the matter relating to the labor joint hearing with the House Com- and other dairy products are determined by dispute and to make a report to the Presi- mittee on Veterans’ Affairs to receive a fair and competitive marketplace; Now, dent in the manner prescribed in that sec- tion. the legislative presentation of the Vet- therefore, be it erans of Foreign Wars. The hearing will Resolved, That it is the Sense of the Senate f be held on February 11, 1997, at 9:30 of the United States that the Secretary of Agriculture should act immediately pursu- AMENDMENTS SUBMITTED a.m., in room 345 of the Cannon House ant to his legal authority to modify the Office Building. Basic Formula Price for dairy by replacing The PRESIDING OFFICER. Without the National Cheese Exchange as a factor to THE BALANCED BUDGET objection, it is so ordered. be considered in setting the Basic Formula CONSTITUTIONAL AMENDMENT f Price and to establish in its place an equiva- lent pricing mechanism more reflective of ADDITIONAL STATEMENTS the actual market conditions for cheese and DODD AMENDMENT NO. 4 other dairy products nationally. TRIBUTE TO ERICA MICHELLE f Mr. DODD proposed an amendment to the joint resolution (S.J. Res. 1) pro- PITTS SENATE RESOLUTION 53— posing an amendment to the Constitu- ∑ Mr. MCCONNELL. Mr. President, RELATIVE TO A DISPUTE tion of the United States to require a each fall, Senators and Congressmen Mrs. HUTCHISON (for herself, Mr. balanced budget; as follows: turn to the enjoyable task of submit- GRAMM, and Mr. D’AMATO) submitted On page 3, line 7, strike beginning with ting nominations to the U.S. Service the following resolution; which was re- ‘‘is’’ through line 11 and insert ‘‘faces an im- Academies. This year, like every other, ferred to the Committee on Labor and minent and serious military threat to na- my office was flooded with applications Human Resources: tional security as declared by a joint resolu- from qualified young men and women— tion.’’. S. RES. 53 students with excellent academic Whereas a strike by the Allied Pilots Asso- f records, students whose extra- ciation, the union of the pilots of American curricular activities would drive the Airlines, could lead to a severe disruption in AUTHORITY FOR COMMITTEES TO MEET most patient parent crazy, students air service; who donate endless hours to commu- Whereas such a strike could result in the COMMITTEE ON AGRICULTURE, NUTRITION, AND nity service projects. However, rarely loss of employment by tens of thousands of FORESTRY individuals in the United States; do I see a young person possessing all Whereas such a strike would affect ap- Mr. HELMS. Mr. President, I ask of this and more. proximately 20 percent of the domestic air- unanimous consent that the Com- This year I proudly nominated Erica line traffic in the United States; mittee on Agriculture, Nutrition, and Michelle Pitts, of Louisville, KY, to Whereas such a strike would cause more Forestry be allowed to meet during the the U.S. Military Academy, as did Sen- than 75,000 American Airlines employees to session of the Senate on Tuesday, Feb- ator WENDELL FORD and then-Congress- be idle; ruary 11, 1997, at 9 a.m. in SR–328A to man Mike Ward. There are many adjec- Whereas such a strike would affect— discuss reform to the Commodity Ex- (1) the livelihood of thousands of other tives that can be used to describe workers employed in airline and airport sup- change Act. Erica—poised, accomplished, brave, ply industries; and The PRESIDING OFFICER. Without athletic, energetic, but even combined (2) commerce relating to tourism, logis- objection, it is so ordered. they do not adequately portray her. A tics, and business requiring travel; COMMITTEE ON ARMED SERVICES senior at Saint Francis High School, Whereas such a strike would cause sub- Mr. HELMS. Mr. President, I ask Erica’s headmaster Thomas Pike de- stantial adverse economic effects in commu- nities of the United States; unanimous consent that the Com- scribes her as ‘‘a delightfully different Whereas such a strike could jeopardize the mittee on Armed Services be author- young person.’’ Counselor Kit largest order made in history for the produc- ized to meet at 10 a.m. on Tuesday, Llewellyn sees her as a ‘‘risk-taker’’ tion of civilian aircraft; and February 11, 1997, in closed session, to and admires her integrity.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1241 Erica’s military career dreams began Next scene: Erica is stepfatherless, owing bitue might have been voted least likely to at the age of 6 when her stepfather to divorce. She and her mom, Pamela Scott, go to West Point. took her for a tank ride. At the tender are living in Louisville. Erica masters public ‘‘I heard that a lot,’’ she said. ‘‘ ‘You were the last person I thought young age of 8 she began working for school effortlessly. ‘‘I was so used to just showing up for class, reading the newspaper would ever go there.’ A lot of the people I her mother’s boss formatting computer during first period and not doing any work know are not really anti-government, but disks for $5 an hour. Entering as a sev- all day and still getting an A in every single they don’t like people telling them what to enth-grader at the respected Saint class I took.’’ So her mom takes Erica to St. do. I don’t really like it myself, but I do need Francis, she was immediately placed in Francis, a downtown school of high academic the discipline. I would love to have the dis- the freshman class, where, lacking a reputation and equally stratospheric cost cipline. And it’s one of the best schools in girls basketball team, Erica played on (tuition up to $8,140). the country. Who would turn that down?’’ the boy’s team. She has participated in Headmaster Thomas Pike recalled, ‘‘I re- West Point told her the price of the edu- member her and her mom coming in and her cation awaiting her. ‘‘They valued it as a Russian exchange program, the Duke talking about not being academically chal- $200,000, which I wouldn’t doubt, because I University Talent Identification Pro- lenged, talking about being an environ- think West Pointers can easily top people gram, and served on the Courier-Jour- mental lawyer or biochemist. This is a sev- who go to Harvard.’’ nal High School Round Table. And, enth-grader. Just a really bright, lively 13- That’s obviously the kind of talk they like amidst her participation on the aca- year-old, and she has been lively and bright to hear on the cliffs overlooking the Hudson demic team and the yearbook staff, ever since . . . a delightfully different young River. Not that they actually like to hear Erica works part-time at the Louisville person.’’ much talk at all from first-year cadets, or ‘‘plebes.’’ For a while at West Point, she will Science Center yearround. St. Francis took her and let her skip from the seventh to the ninth grade. (‘‘A double speak only when bidden. Too bad, for she has As you can see, Erica’s childhood has bonus,’’ Erica said.) lots to say. To wit: been far from average. Notwith- ‘‘Her life has always been action-packed,’’ On her willowy yet well-fed frame of 5 feet standing, she has grown into a graceful said school counselor Kit Llewellyn. ‘‘She’s a 10 inches, 120 pounds: young woman whose lofty dreams have skateboarder, a volleyball player, a basket- ‘‘I eat a lot. This morning for breakfast, I been realized. Hoping to enter the ball player. She volunteers regularly. . . . had a cheeseburger, two pancakes and a cin- Judge Advocate General’s Corps after She has worked on literary magazines, so her namon roll. . . . On love, sex and all that: her years at West Point, Erica aspires literary analysis is strong and indepth.... ‘‘She’s kind of a risk-taker. She likes to ‘‘I manage to stay friends with all of my to serve on the Supreme Court or be start things. She participated in crew (row- ex-boyfriends. It’s really strange. I think elected President. Both goals are well ing) when it was founded. She’s the first fe- partially because there’s never any reason within her grasp. male from this school to entertain the idea for either of us to be really bitter. I don’t Mr. President, please join me in hon- of applying to a military academy.’’ sleep with anybody. I just decided no sex be- oring this outstanding young Ken- And yet, somewhere in that swirl of action, fore marriage. So I never had to worry about tuckian who has a bright future in the there’s a cerebral center. sleeping with somebody and then the next U.S. military. I ask that an article ‘‘I guess what stands out with me for Erica morning they just totally ditch me. There’s is her integrity,’’ Llewellyn said. ‘‘I was her never any big thing to get really mad about. which recently appeared in the Louis- sponsor at Calvary Episcopal Church when It’s just a bunch of little things that lead up ville Courier-Journal be printed in the she went through the confirmation. For her to you saying, ‘You know, maybe we RECORD. The author does a wonderful age (then 15), her questions and her depth of shouldn’t be together.’ So you can just go job of capturing Erica’s charm and en- understanding, what she was pursuing in her back to being friends.’’ thusiasm. belief and in her spiritual self, was very On her idea of cool wheels: The article follows: strong. Well-thought-out and very, very ‘‘I want a big Dodge Ram truck as soon as calm in her approach.’’ I can get a car.’’ (She calculates that that GETTING TO THE POINT Oh. And did we mention she wants to be will be three years hence, with the down pay- (By C. Ray Hall) president? ment saved from her West Point stipend of At first blush, the most interesting thing Of the United States. Like the current oc- $6,600 a year.) about Erica Pitts is this: Barely 17, she is cupant of the Oval Office, she likes On her mixed parentage, the result of a headed for the United States Military Acad- lawyering. And, like Bill Clinton, she went college romance that never led to marriage. emy to join West Point’s legendary long gray to Russia at a tender age, as part of an ex- A delicate matter? line. change program. ‘‘It never has been. People have asked me It will probably be the grayest thing that Erica was nominated to West Point last about that for a long time. They’ve asked me has ever happened to her. So far, her life has year by then-Congressman Mike Ward. For if I was mixed and it’s never bothered me. been like a colorsplashed, abstract work of the physical test, she returned to Fort Knox, I’ve never really worried about it. Yeah, my art in progress. the scene of her first infatuation with the dad’s white, my mom’s black. . . . It’s never Erica Pitts has been interesting for a long Army. She passed the exam, which includes been a big deal to me.’’ time. She was interesting even in the womb. running, throwing a basketball while on On her twin ambitions, of being a lawyer ‘‘I was named after a soap-opera char- your knees and hanging on a chin-up bar. and a psychologist: acter,’’ she said. ‘‘Because I was trouble. My Some girls immediately drop off the bar. She ‘‘I love to argue. That’s what appeals to me mom went into labor and so she went to the held on for 31 seconds. about being a lawyer. And I love using words hospital.’’ The audience included Lt. Col. Don Miller, . . . to get a point across. I want to be a psy- False alarm. an Army reservist who serves as a West chologist because I’m so used to doing that: ‘‘They sent her back home. Then I was Point liaison (and, in another life, helps run There are so many people with problems. My about ready to pop out so they called the a Louisville brokerage). After interviewing friends always come to me for advice.’’ ambulance. I was almost born in the ambu- her, he wrote to the academy, ‘‘Erica is a What’s the best advice anyone gave her? lance. I was almost born outside on the way very goal-oriented young lady with aspira- ‘‘You’ve got to learn to choose your battles into the hospital. I was almost born in the tions of becoming president someday. . . . and not fight every single one. That’s some lobby. I was almost born in the elevator, but Erica has excellent people skills and appears good advice I got from my mother. . . . For finally they got her to a delivery room and to possess good leadership traits. Her mother a while, every time somebody did something I was born. I made life a little difficult for raised Erica alone and this has resulted in I didn’t like, I was ready to argue with them. her.’’ sacrifice, and yet has developed her sense of I didn’t get into fistfights or anything, but I Hence the name, Erica: ‘‘Yeah, Erica Kane. commitment.’’ kind of verbally berated my teacher sopho- Because I was trouble.’’ So this is a 17-year-old of greater com- more year, sometimes in front of his class. Not even a minute old, and her life was al- plexity than most. During her trip to Russia, He didn’t like that very much. That’s when ready a cliffhanger. she bought a fur hat. She felt bad about it I learned to start controlling my temper. I Next scene in Erica’s life: the beginning of when she realized rabbits had died to deco- felt kind of bad, although I think he kind of an unlikely romance. At Fort Knox, of all rate her head. She thinks the country spends deserved some of that, although in front of places. In a tank, of all things. too much on defense. She clashed openly his class was really mean.’’ ‘‘It started when I was about 6. My mom with a 10th-grade teacher, but she has a kind On the prospects of harassment or hazing had married my stepdad. He was in the Army word even for Adolf Hitler. (‘‘He was psycho, from macho military males: and he took me for a tank ride one day and but he was a brilliant, brilliant ruler.’’) ‘‘The sexual harassment thing, I think I I just thought that was the coolest thing. I This is not your father’s West Point cadet. would have the guts to just stand up and say, admired the discipline in the Army.’’ ‘‘She’s a free spirit,’’ said Bryan Walde, the ‘Hey, I don’t like it. Stop.’ Being hazed and Next scene: Erica gets her first paying job, man who teaches her calculus, chemistry stuff like that, once it got to a dangerous earning $5 an hour to format computer disks and basketball at St. Francis. In her grad- point where people were setting me on fire, I for her mom’s boss at the Internal Revenue uating class of 38, the animal-loving, de- would just have to like fight back, period. I Service. She is 8. fense-cutting, coffeehouse-and-concert ha- would not allow somebody to set me on fire

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1242 CONGRESSIONAL RECORD — SENATE February 11, 1997 as part of a hazing ritual. I think I’m strong of its residents stem from first, second, COMMENDING SENATOR enough to handle anything that might be or third generation Polish origin. SANTORUM’S SEARCH FOR COM- thrown at me as a hazing ritual.’’ MON GROUND IN THE ABORTION Hazing? Been there, done that, in a non-in- Many of the remainder of Ham- cendiary way. On a basketball court, of all tramck’s residents are from Central DEBATE places. and Eastern Europe. Having received ∑ Mr. ABRAHAM. Mr. President, I rise ‘‘My favorite moment came freshman the warm and generous hospitality of to commend my colleague, Senator year,’’ she said. ‘‘We didn’t have a girls’ Michiganite themselves, in 1946 the SANTORUM, for the article he recently team yet, so I had to play on the boys’ team. had published in the Washington Times We were playing against a team that was Polish-American residents of Ham- very, very, very chauvinist. . . . I got in with tramck began welcoming displaced concerning partial birth abortion. about a minute 40 left, and they were not people from Central Europe and the All too often, Mr. President, debates treating me very well. At first my team- Balkans. More recently, Hamtramck over public policy issues degenerate mates wouldn’t even pass me the ball, and fi- has seen a substantial number of into uncivil attacks on each side’s mo- nally one of ’em did. I just stood back behind Ukrainians join the community. All of tives. Mr. SANTORUM’s article does an the three-point line, shot and it went right these groups have maintained their excellent job of showing how this bick- in. Swish. It was perfect. We still lost the cultural heritage and identity, while ering can be avoided even when the game, but I felt better.’’ issue is as serious and sensitive as Next scene in Erica’s life: November 1996. embracing the ideals and Government The IRS transfers Erica’s mom to Nashville. of their new country. abortion. How can we reach common ground on partial birth abortion? By ‘‘She and her mother have been a team On any street or in any restaurant in realizing that this procedure has noth- through the years—her mom with pretty Hamtramck, one can hear any of 25 dif- high expectations and Erica living up to ing to do with the Supreme Court’s de- them,’’ said Llewellyn, the St. Francis coun- ferent languages being spoken, which is cision in Roe versus Wade or the subse- selor. especially impressive in a city of quent decision in Doe versus Bolton. Erica stays behind to graduate from her slightly more than 2 square miles. By realizing that partial birth abortion school. She lives with her grandma, Ellen Hamtramck is renowned for the best is simply unacceptable. Pitts. ‘‘She’s been pretty great. I have my Polish food outside Poland, and the own loft, and it’s really nice. It’s not very Whatever one’s view of abortion, one hospitality to match, as President should recognize this procedure as one big, but it’s nice. I’ve got a computer and a Clinton discovered on a trip to Michi- desk and my futon up there, and that’s all I that is, as Senator DANIEL PATRICK really need.’’ gan in 1996 where he thoroughly en- MOYNIHAN phrased it, ‘‘just too close to For now, at least, she dreams in a loft. But joyed lunch at Polish Village Cafe. infanticide.’’ soon enough, the dreams will be aloft. And Mr. President, Hamtramck’s blend of We are a civilized society, Mr. Presi- Erica Pitts’ life will get even more inter- cultures has produced a city which dent. I hope that our debates over this esting.∑ truly feels like a ‘‘Touch of Europe in contentious issue can be made more f America.’’ Under the steady leadership civil. I also hope that we can reach THE 75TH ANNIVERSARY OF THE of Mayor Robert Kozaren, Hamtramck common ground in banning partial CITY OF HAMTRAMCK is prepared to enter the 21st century birth abortion. ∑ Mr. LEVIN. Mr. President, I am hon- with a confidence rooted in the varied Mr. President, I ask that Senator ored today to pay tribute to the city of traditions and fervent unifying patriot- SANTORUM’s article from the Wash- Hamtramck, MI, which is celebrating ism of its citizens. I commend the resi- ington Times be printed in the RECORD. its 75th anniversary this year. The peo- dents and leaders of Hamtramck for The article follows: ple of Hamtramck call their city a the community they have built, and [From the Washington Times, Jan. 22, 1997] ‘‘Touch of Europe in America,’’ and in- am proud to represent them in the U.S. PARTIAL BIRTH ABORTION: THE ART OF deed it is truly a unique community. Senate. I hope my colleagues will join AGREEMENT Hamtramck is a city within a city, me in congratulating the people of (By Rick Santorum) whose boundaries on all sides are with Hamtramck on the occasion of the A wide spectrum of individuals has coa- the city of Detroit. Yet Hamtramck city’s 75th anniversary. ∑ lesced around the recent effort to ban partial maintains its own identity, an identity birth abortions. These varied individuals and rooted in its diversity. f groups have raised their voices in support of The history of Hamtramck predates a ban both because of the brutality of partial birth abortions and because they recognize its incorporation as a city by more JOHN D. MCALISTER: IN that this debate is not about Roe vs. Wade, than 100 years. It is named for Col. MEMORIAM the 1973 Supreme Court decision legalizing John Francis Hamtramck, who served abortion. It is not about when a fetus be- as the first American commander of ∑ Mr. GORTON. Mr. President, it is comes a baby. And it is certainly not about Fort Detroit after it was surrendered with sorrow that I recognize the pass- women’s health. It is about virtual infan- by Great Britain in 1796. Originally a ing of a good man and a fine citizen, ticide, it is about killing a child as he or she township larger in size than the Mr. John D. McAlister, who died yes- is being born, an issue that neither Roe vs. present-day city of Detroit, Ham- terday. Wade nor the subsequent Doe vs. Bolton ad- dressed. tramck was organized as a village in John worked at Tree Top in Yakima, During the Senate debate last year, many 1901. WA, where he served as director of gov- traditionally pro-choice legislators voted in The village of Hamtramck began ernment affairs. In this capacity he be- support of legislation to ban this particular with 500 people but changed dramati- came a great friend of the Washington procedure. Among them was my colleague cally with the birth of the automobile State congressional delegation and a Sen. Arlen Specter who stated on the floor of industry. A Dodge Bros. auto plant was magnificent voice for the agricultural the Senate, ‘‘In my legal judgment, the issue established in 1914, attracting skilled is not over a woman’s right to choose within industry. John’s activities were not the constitutional context of Roe versus and unskilled workers from around the only confined to his work—he also Nation and the world. Between 1910 and Wade . . . The line of the law is drawn, in my served the Yakima community as a legal judgment, when the child is partially 1920, Hamtramck boasted the greatest member of many agricultural industry out of the womb of the mother. It is no population growth of any community organizations and of the Goverment Af- longer abortion; it is infanticide.’’ He was in the United States, going from 3,589 fairs Council of the Association of joined in these sentiments by other such to 46,615 residents in a single decade. Washington Businesses, where he sat consistently pro-choice members as Sen. While Hamtramck was originally set- on the board of directors. Daniel Patrick Moynihan and Sen. Ben tled by the same French colonists who Nighthorse Campbell. had settled Detroit, and later farmed I am honored to have known John Such coalescence with pro-choice pro- by German immigrants, the auto- McAlister, and am grateful for his serv- ponents suggests the enormous scope of the tragedy that this procedure represents. This mobile industry attracted huge num- ice to Washington State agriculture and to his community in Yakima. broad coalition further confirms that extra- bers of Polish workers. Since 1910, neous considerations, such as the anticipa- Hamtramck’s Polish population has John is survived by his wife, Patri- tion of a disabled child, or a mother’s broad- grown so rapidly that today, 80 percent cia, to whom I extend my condolences.∑ ly-defined health concerns, were just that—

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1243 extraneous to the debate. And for those who quest for critical aviation safety and This account is the principal resource may still be unclear what a partial birth infrastructure purposes. Most notably, for modernizing and improving the air abortion procedure is, it is this: a fully the administration proposes to fund traffic control system, providing en- formed baby—in most cases a viable fetus of the Airport Improvement Program hanced baggage screening equipment, 23–26 weeks—is pulled from its mother until all but the head is delivered. Then, a scissors [AIP] at only two-thirds of its current and enhanced weather detection pro- is plunged into the base of the skull, a tube level. This represents a drastic cut to grams. is inserted and the child’s brains are our Nation’s airport grant program, I recognize that the Administration suctioned out so that the head of the now- which supports airport safety, security, has made efforts to bolster its safety dead infant collapses and is delivered. and capacity programs. and security work force. Even so, a sig- Partial birth abortion is tragic for the in- Mr. President, the administration nificant funding source for FAA oper- fant who loses his or her life in this brutal has assured the American public of its ations depends on an unspecified user procedure. It is also a personal tragedy for commitment to a safe and secure avia- fee for which the FAA has no statutory the families who choose the procedure, as it tion system. Without adequate re- authority to collect. is for those who perform it—even if they Mr. President, this is not a serious aren’t aware of it. But partial birth abortion sources, this assurance rings hollow. is also a profound social tragedy. It rips For instance, the White House Com- budget proposal. The Administration through the moral cohesion of our public mission on Safety and Security is due should back up its safety and security life. It cuts into our most deeply held beliefs to report tomorrow on a number of recommendations with enough funding about the importance of protecting and cher- steps we should take to enhance the se- to put them in place. The Nation’s air ishing vulnerable human life. It fractures curity of the aviation system. I expect travelers have paid taxes dedicated to our sense that the laws of our country should the Commission will offer valuable in- support the aviation system. They reflect long-held, commonly accepted moral rightfully expect the Government’s norms. sight on where we should go from here to implement additional security en- commitment to spend these funds on Yet this kind of tragedy—can be an unex- ∑ pected catalyst for consensus, for new coali- hancements. How we pay for these en- their intended purpose. tions and configurations in our public life. hancements is a significant issue. f The partial birth abortion debate moves us In addition, Congress approved and RESTORING INCOME AVERAGING beyond the traditional pro-life/pro-choice the President signed into law the Fed- lines of confrontation to hollow out a place FOR FARMERS eral Aviation Reauthorization Act of ∑ in the public square where disparate individ- 1996. Administration officials hailed Mr. HAGEL. Mr. President, today I uals and groups can come together and draw the importance of the bill’s safety and am cosponsoring S. 251, a measure that a line that they know should not be crossed. will provide farmers and ranchers with security initiatives. We all joined to- The stark tragedy of partial birth abortion a valuable tool—income averaging—to gether at the signing ceremony in can be the beginning of a significant public help manage their agricultural oper- discussion, where we define—or redefine—our praise of the legislation’s security im- ations, improve profitability, and re- first principles. Why is such a discussion im- provements. However, these improve- duce the tax burden on a crucial Ne- portant? Precisely because it throws into re- ments are meaningless without ade- braska livelihood. I commend Senator lief the fundamental truths around which a quate financial support. For politicians SHELBY, the bill’s principal sponsor, for moral consensus is formed in this country. to praise their own efforts in a press And, as John Courtney Murray reminds us in his leadership on this matter. We Hold These Truths, Catholic Reflections conference and yet fail to provide suffi- Today’s Federal Tax Code is hardly a on the American Proposition, a public con- cient resources is cynical, at best. friend to the family farmer. sensus which finds its expression in the law Again, I want to be clear. The admin- For example, farmers and ranchers should be ‘‘an ensemble of substantive istration’s actions and assurances are do not have access to company or gov- truths, a structure of basic knowledge, an only as good as the resources allocated ernment pensions and retirement order of elementary affirmations . . .’’ to implement them. Unfortunately, the If we do not have fundamental agreement plans, in which many other Americans administration submitted a budget re- have the ability to participate. Farm- about first principles, we simply cannot en- quest significantly short on aviation gage one another in civil debate. All we have ers and ranchers will receive fewer So- is the confusion of different factions locked capital improvements, so that he can cial Security benefits than workers in in their own moral universe. If we could use these resources elsewhere in the most other careers since they plow agree publicly on just this one point—that budget to support his spending initia- much of their income back into the partial birth abortion is not something our tives. Meanwhile, he knows he can farm And, as self-employed workers, laws should sanction, and if we could then count on Congress to step up to the farmers and ranchers are charged with reveal the consensus—a consensus that I plate and restore funding for vital avia- payroll taxes that are nearly double know exists—against killing an almost-born tion initiatives. Such budget chicanery that of most any other private business infant, we would have significantly advanced is neither serious nor responsible. the discussion about what moral status and employee. Even retirement can be a dignity we give to life in all its stages. Pub- Past experience bears out this point. painful proposition for agricultural lic agreement, codified by law, on this one When President Clinton took office, producers who have spent their lives prohibition gives us a common point of de- the Airport Improvement Program was building a security nest egg only to be parture, a common language even, because a $1.9 billion program. Every year, Con- faced with onerous capital gains tax we agree, albeit in a narrow sense, on the gress has funded the program at a level rates and, later, with a confiscatory es- meaning of fundamental terms such as life higher than the request. For example, tate tax when they want to pass their and death. And it is with this common point in fiscal year 1996, the AIP request was farm along to their children. of departure and discourse—however nar- for $1.3 billion, and Congress enacted a row—that we gain a degree of coherence and The American consumer still enjoys unity in our public life and dialogue. $1.45 billion level. In fiscal year 1997, the most plentiful food supply at the I truly believe that out of the horror and the administration requested $1.35 bil- lowest cost in the developed world— tragedy of partial birth abortions, we can lion and Congress responded with a thanks to our Nation’s agricultural find points of agreement across ideological, $1.46 billion appropriation. At the same might. Population growth, rising per political and religious lines which enable us time, the administration claimed capita incomes, expanded trade oppor- to work toward a life-sustaining culture. So, record-level investments in transpor- tunities, along with new production as hundreds of thousands of faithful and tation infrastructure improvements. and marketing technologies, are a few steadfast citizens come together to partici- The AIP funds more than just airport pate in this year’s March for Life let us re- of the reasons why the future of Amer- member that such a culture, the culture for construction projects, which make air- ican agriculture is so bright. However, which we hope and pray daily, might very ports safer and enhance the system’s flexibility in our U.S. Tax Code is still well be achieved one argument at a time.∑ ability to handle ever increasing levels needed to strengthen our position as f of air traffic. Airports also use these the world’s leader in production agri- funds to support their security pro- culture. PRESIDENT’S BUDGET PROPOSAL grams and purchase security-related Before 1986, agricultural producers FOR AVIATION equipment. were allowed to average their income ∑ Mr. MCCAIN. Mr. President, I rise The Administration’s budget request over a 2-year period, which allowed today to express my deep disappoint- also proposes reduced funding for the greater flexibility in both profit poten- ment in the President’s 1998 budget re- FAA facilities and equipment account. tial and management decisions. This

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1244 CONGRESSIONAL RECORD — SENATE February 11, 1997 tax management tool was repealed in 10. International Monetary Fund and other The Chairman and Ranking Minority Mem- the 1986 tax reform bill, but the need international organizations established pri- ber of the Committee shall be ex officio for this instrument to reduce the farm marily for international monetary purposes members, without vote, of each sub- (except that, at the request of the Com- committee. tax burden still remains. (c) Meetings.—Except when funds have A fairer and more equitable tax pol- mittee on Banking, Housing, and Urban Af- fairs, any proposed legislation relating to been specifically made available by the Sen- icy will also have a profound effect such subjects reported by the Committee on ate for a subcommittee purpose, no sub- upon the creation and sustainment of Foreign Relations shall be referred to the committee of the Committee on Foreign Re- jobs in rural America. The economic Committee on Banking, Housing, and Urban lations shall hold hearings involving ex- vitality of our rural communities con- Affairs). penses without prior approval of the Chair- tinues to hinge on the success of our 11. Intervention abroad and declarations of man of the full Committee or by decision of war. the full Committee. Meetings of subcommit- agricultural industry. A prosperous tees shall be scheduled after consultation rural economy means greater opportu- 12. Measures to foster commercial inter- course with foreign nations and to safeguard with the Chairman of the Committee with a nities for the local men and women American business interests abroad. view toward avoiding conflicts with meet- who sell the farm implements, drive 13. National security and international as- ings of other subcommittees insofar as pos- the grain and livestock trucks, deliver pects of trusteeships of the United States. sible. Meetings of subcommittees shall not the feed and fuel, market the seed and 14. Ocean and international environmental be scheduled to conflict with meetings of the and scientific affairs as they relate to for- full committee. fertilizer, and process the fruits of our The proceedings of each subcommittee eign policy. harvest so as to maintain our position shall be governed by the rules of the full 15. Protection of United States citizens as the world’s most efficient and reli- Committee, subject to such authorizations able food supplier. abroad and expatriation. or limitations as the Committee may from 16. Relations of the United States with for- time to time prescribe. As we continue to move toward a eign nations generally. RULE 3—MEETINGS more market-oriented farm program, 17. Treaties and executive agreements, ex- farm and ranch producers will need to cept reciprocal trade agreements. (a) Regular Meeting Day.—The regular derive a greater proportion of their in- 18. United Nations and its affiliated organi- meeting day of the Committee on Foreign come from the marketplace—and to re- zations. Relations for the transaction of Committee business shall be on Tuesday of each week, tain a greater proportion of their hard- 19. World Bank group, the regional devel- opment banks, and other international orga- unless otherwise directed by the Chairman. earned income through tax relief. In- (b) Additional Meetings.—Additional meet- nizations established primarily for develop- come averaging is clearly a practice ings and hearings of the Committee may be ment assistance purposes. called by the Chairman as he may deem nec- that will bring some degree of fairness The Committee is also mandated by Senate essary. If at least three members of the Com- to the U.S. Tax Code. Rule XXV.1(j) to study and review, on a com- mittee desire that a special meeting of the The current Tax Code adds up to prehensive basis, matters relating to the na- higher taxes, more regulatory burdens, Committee be called by the Chairman, those tional security policy, foreign policy, and members may file in the offices of the Com- and added retirement worries for Ne- international economic policy as it relates mittee their written request to the Chair- braska farmers who labor year in and to foreign policy of the United States, and man for that special meeting. Immediately year out in order to feed and clothe the matters relating to food, hunger, and nutri- upon filing of the request, the Chief Clerk of world. This simply must change. In- tion in foreign countries, and report thereon the Committee shall notify the Chairman of from time to time. the filing of the request. If, within three cal- come averaging is one tool that agri- (b) Oversight.—The Committee also has a cultural producers can utilize to en- endar days after the filing of the request, the responsibility under Senate Rule XXVI.8, Chairman does not call the requested special hance profits and keep rural dollars in which provides that ‘‘. . . each standing meeting, to be held within seven calendar rural communities. It’s time that Con- Committee . . . shall review and study, on a days after the filing of the request, a major- gress properly recognizes the contribu- continuing basis, the application, adminis- ity of the members of the Committee may tions of the family farmers by reducing tration, and execution of those laws or parts file in the offices of the Committee their rather than raising their taxes.∑ of laws, the subject matter of which is with- written notice that a special meeting of the in the jurisdiction of the Committee.’’ Committee will be held, specifying the date f (c) ‘‘Advice and Consent’’ Clauses.—The and hour of that special meeting. The Com- RULES OF THE COMMITTEE ON Committee has a special responsibility to as- mittee shall meet on that date and hour. Im- FOREIGN RELATIONS sist the Senate in its constitutional function mediately upon the filing of the notice, the of providing ‘‘advice and consent’’ to all ∑ Clerk shall notify all members of the Com- Mr. HELMS. Mr President, pursuant treaties entered into by the United States mittee that such special meeting will be held to the requirements of paragraph 2 of and all nominations to the principal execu- and inform them of its date and hour. Senate rule XXVI, I ask to have print- tive branch positions in the field of foreign (c) Minority Request.—Whenever any hear- ed in the RECORD the rules of the Com- policy and diplomacy. ing is conducted by the Committee or a sub- mittee on Foreign Relations for the RULE 2—SUBCOMMITTEES committee upon any measure or matter, the minority on the Committee shall be entitled, 105th Congress adopted by the com- (a) Creation.—Unless otherwise authorized upon request made by a majority of the mi- mittee on January 30, 1997. by law or Senate resolution, subcommittees nority members to the Chairman before the The rules follow: shall be created by majority vote of the completion of such hearing, to call witnesses Committee and shall deal with such legisla- RULES OF THE COMMITTEE ON FOREIGN selected by the minority to testify with re- tion and oversight of programs and policies RELATIONS spect to the measure or matter during at as the Committee directs. Legislative meas- (Adopted January 30, 1997) least one day of hearing thereon. ures or other matters may be referred to a RULE 1—JURISDICTION (d) Public Announcement.—The Com- subcommittee for consideration in the dis- (a) Substantive—In accordance with Sen- mittee, or any subcommittee thereof, shall cretion of the Chairman or by vote of a ma- make public announcement of the date, ate Rule XXV.1(j), the jurisdiction of the jority of the Committee. If the principal sub- Committee shall extend to all proposed legis- place, time, and subject matter of any hear- ject matter of a measure or matter to be re- ing to be conducted on any measure or mat- lation, messages, petitions, memorials, and ferred falls within the jurisdiction of more other matters relating to the following sub- ter at least one week in advance of such than one subcommittee, the Chairman or the hearings, unless the Chairman of the Com- jects: Committee may refer the matter to two or 1. Acquisition of land and buildings for em- mittee, or subcommittee, determines that more subcommittees for joint consideration. there is good cause to begin such hearing at bassies and legations in foreign countries. (b) Assignments.—Assignments of members 2. Boundaries of the United States. an earlier date. 3. Diplomatic service. to subcommittees shall be made in an equi- (e) Procedure.—Insofar as possible, pro- 4. Foreign economic, military, technical, table fashion. No member of the Committee ceedings of the Committee will be conducted and humanitarian assistance. may receive assignment to a second sub- without resort to the formalities of par- 5. Foreign loans. committee until, in order of seniority, all liamentary procedure and with due regard 6. International activities of the American members of the Committee have chosen as- for the views of all members. Issues of proce- National Red Cross and the International signments to one subcommittee, and no dure which may arise from time to time Committee of the Red Cross. member shall receive assignments to a third shall be resolved by decision of the Chair- 7. International aspects of nuclear energy, subcommittee until, in order of seniority, all man, in consultation with the Ranking Mi- including nuclear transfer policy. members have chosen assignments to two nority Member. The Chairman, in consulta- 8. International conferences and con- subcommittees. tion with the Ranking Minority Member, gresses. No member of the Committee may serve on may also propose special procedures to gov- 9. International law as it relates to foreign more than four subcommittees at any one ern the consideration of particular matters policy. time. by the Committee.

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(f) Closed Sessions.—Each meeting of the RULE 4—QUORUMS return shall occur at a time and place other Committee on Foreign Relations, or any sub- (a) Testimony.—For the purpose of taking than that of a scheduled Committee meet- committee thereof, including meetings to sworn or unsworn testimony at any duly ing. A return on such a subpoena or request conduct hearings, shall be open to the public, scheduled meeting a quorum of the Com- which is incomplete or accompanied by an except that a meeting or series of meetings mittee and each subcommittee thereof shall objection constitutes good cause for a hear- by the Committee or a subcommittee on the consist of one member. ing on shortened notice. Upon such a return, same subject for a period of no more than (b) Business.—A quorum for the trans- the Chairman or any other member des- fourteen calendar days may be closed to the action of Committee or subcommittee busi- ignated by him may convene a hearing by public on a motion made and seconded to go ness, other than for reporting a measure or giving 2 hours notice by telephone to all into closed session to discuss only whether recommendation to the Senate or the taking other members. One member shall constitute the matters enumerated in paragraphs (1) of testimony, shall consist of one-third of a quorum for such a hearing. The sole pur- through (6) would require the meeting to be the members of the Committee or sub- pose of such a hearing shall be to elucidate closed followed immediately by a record vote committee, including at least one member further information about the return and to in open session by a majority of the members from each party. rule on the objection. of the Committee or subcommittee when it (c) Reporting.—A majority of the member- (c) Depositions.—At the direction of the is determined that the matters to be dis- ship of the Committee shall constitute a Committee, staff is authorized to take depo- cussed or the testimony to be taken at such quorum for reporting any measure or rec- sitions from witnesses. meeting or meetings— ommendation to the Senate. No measure or RULE 8—REPORTS (1) will disclose matters necessary to be recommendation shall be ordered reported (a) Filing.—When the Committee has or- kept secret in the interests of national de- from the Committee unless a majority of the dered a measure or recommendation re- fense or the confidential conduct of the for- Committee members are physically present. ported, the report thereon shall be filed in eign relations of the United States; (2) will relate solely to matters of Com- The vote of the Committee to report a meas- the Senate at the earliest practicable time. (b) Supplemental, Minority and Additional mittee staff personnel or internal staff man- ure or matter shall require the concurrence Views.—A member of the Committee who agement or procedure; of a majority of those members who are (3) will tend to charge an individual with physically present at the time the vote is gives notice of his intentions to file supple- crime or misconduct; to disgrace or injure taken. mental, minority, or additional views at the the professional standing of an individual, or RULE 5—PROXIES time of final Committee approval of a meas- ure or matter, shall be entitled to not less otherwise to expose an individual to public Proxies must be in writing with the signa- than 3 calendar days in which to file such contempt or obloquy, or will represent a ture of the absent member. Subject to the re- views, in writing, with the Chief Clerk of the clearly unwarranted invasion of the privacy quirements of Rule 4 for the physical pres- Committee, with the 3 days to begin at 11:00 of an individual; ence of a quorum to report a matter, proxy p.m. on the day that the Committee has or- (4) will disclose the identity of any in- voting shall be allowed on all measures and dered a measure or matter reported. Such former or law enforcement agent or will dis- matters before the Committee. However, views shall then be included in the Com- close any information relating to the inves- proxies shall not be voted on a measure or mittee report and printed in the same vol- tigation or prosecution of a criminal offense matter except when the absent member has ume, as a part thereof, and their inclusion that is required to be kept secret in the in- been informed of the matter on which he is shall be noted on the cover of the report. In terests of effective law enforcement; being recorded and has affirmatively re- the absence of timely notice, the Committee (5) will disclose information relating to the quested that he or she be so recorded. trade secrets or financial or commercial in- report may be filed and printed immediately formation pertaining specifically to a given RULE 6—WITNESSES without such views. person if— (a) General.—The Committee on Foreign (c) Rollcall Votes.—The results of all roll- (A) an Act of Congress requires the infor- Relations will consider requests to testify on call votes taken in any meeting of the Com- mation to be kept confidential by Govern- any matter or measure pending before the mittee on any measure, or amendment there- ment officers and employees; or Committee. to, shall be announced in the Committee re- (B) the information has been obtained by (b) Presentation.—If the Chairman so de- port. The announcement shall include a tab- the Government on a confidential basis, termines, the oral presentation of witnesses ulation of the votes cast in favor and votes other than through an application by such shall be limited to 10 minutes. However, cast in opposition to each such measure and person for a specific Government financial or written statements of reasonable length may amendment by each member of the Com- other benefit, and is required to be kept se- be submitted by witnesses and other inter- mittee. cret in order to prevent undue injury to the ested persons who are unable to testify in RULE 9—TREATIES competitive position of such person, or person. (a) The Committee is the only Committee (6) may divulge matters required to be (c) Filing of Statements.—A witness ap- of the Senate with jurisdiction to review and kept confidential under other provisions of pearing before the Committee, or any sub- report to the Senate on treaties submitted law or Government regulations. committee thereof, shall file a written state- by the President for Senate advice and con- A closed meeting may be opened by a ma- ment of his proposed testimony at least 48 sent. Because the House of Representatives jority vote of the Committee. hours prior to his appearance, unless this re- has no role in the approval of treaties, the (g) Staff Attendance.—A member of the quirement is waived by the Chairman and Committee may have one member of his or Committee is therefore the only congres- the Ranking Minority Member following sional committee with responsibility for her personal staff, for whom that member as- their determination that there is good cause sumes personal responsibility, accompany treaties. for failure to file such a statement. (b) Once submitted by the President for ad- and be seated nearby at Committee meet- (d) Expenses.—Only the Chairman may au- vice and consent, each treaty is referred to ings. thorize expenditures of funds for the ex- the Committee and remains on its calendar Each member of the Committee may des- penses of witnesses appearing before the ignate members of his or her personal staff, from Congress to Congress until the Com- Committee or its subcommittees. mittee takes action to report it to the Sen- who hold a Top Secret security clearance, for (e) Requests.—Any witness called for a the purpose of their eligibility to attend ate or recommend its return to the Presi- hearing may submit a written request to the dent, or until the Committee is discharged of closed sessions of the Committee, subject to Chairman no later than 24 hours in advance the same conditions set forth for Committee the treaty by the Senate. for his testimony to be in closed or open ses- (c) In accordance with Senate Rule XXX.2, staff under Rules 12, 13, and 14. sion, or for any other unusual procedure. The In addition, the Majority Leader and the treaties which have been reported to the chairman shall determine whether to grant Senate but not acted on before the end of a Minority Leader of the Senate, if they are any such request and shall notify the Com- not otherwise members of the Committee, Congress ‘‘shall be resumed at the com- mittee members of the request and of his de- mencement of the next Congress as if no pro- may designate one member of their staff cision. with a Top Secret security clearance to at- ceedings had previously been had thereon.’’ (d) Insofar as possible, the Committee tend closed sessions of the Committee, sub- RULE 7—SUBPOENAS should conduct a public hearing on each ject to the same conditions set forth for (a) Authorization.—The Chairman or any treaty as soon as possible after its submis- Committee staff under Rules 12, 13, and 14. other member of the Committee, when au- sion by the President. Except in extraor- Staff of other Senators who are not members thorized by a majority vote of the Com- dinary circumstances, treaties reported to of the Committee may not attend closed ses- mittee at a meeting or by proxies, shall have the Senate shall be accompanied by a writ- sions of the Committee. authority to subpoena the attendance of wit- Attendance of Committee staff at meetings nesses or the production of memoranda, doc- ten report. shall be limited to those designated by the uments, records, or any other materials. RULE 10—NOMINATIONS Staff Director or the Minority Staff Direc- When the Committee authorizes a subpoena, (a) Waiting Requirement.—Unless other- tor. it may be issued upon the signature of the wise directed by the Chairman and the Rank- The Committee, by majority vote, or the Chairman or any other member designated ing Minority Member, the Committee on Chairman, with the concurrence of the by the Committee. Foreign Relations shall not consider any Ranking Minority Member, may limit staff (b) Return.—A subpoena, or a request to an nomination until 6 calendar days after it has attendance at specified meetings. agency, for documents may be issued whose been formally submitted to the Senate.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY S1246 CONGRESSIONAL RECORD — SENATE February 11, 1997 (b) Public Consideration.—Nominees for member (PRM) shall be deemed to have the (9) In addition to restrictions resulting any post who are invited to appear before the same rights, duties, and responsibilities as from the inclusion of any classified informa- Committee shall be heard in public session, members of the staff of the Committee on tion in the transcript of a Committee meet- unless a majority of the Committee decrees Foreign Relations. Furthermore, for the pur- ing, members and staff shall not discuss with otherwise. poses of this section, each Member of the anyone the proceedings of the Committee in (c) Required Data.—No nomination shall be Committee may designate one personal staff closed session or reveal information con- reported to the Senate unless (1) the nomi- member as the ‘‘Personal Representative of veyed or discussed in such a session unless nee has been accorded a security clearance the Member.’’ that person would have been permitted to at- on the basis of a thorough investigation by RULE 12—TRANSCRIPTS tend the session itself, or unless such com- executive branch agencies; (2) in appropriate munication is specifically authorized by the (a) General.—The Committee on Foreign cases, the nominee has filed a financial dis- Chairman, the Ranking Minority Member, or Relations shall keep verbatim transcripts of closure report and a confidential statement in the case of staff, by the Staff Director or all Committee and subcommittee meetings with the Committee; (3) the Committee has Minority Staff Director. A record shall be and such transcripts shall remain in the cus- been assured that the nominee does not have kept of all such authorizations. tody of the Committee, unless a majority of any interests which could conflict with the (c) Declassification.— the Committee decides otherwise. Tran- interests of the government in the exercise (1) All restricted transcripts and classified scripts of public hearings by the Committee of the nominee’s proposed responsibilities; Committee reports shall be declassified on a shall be published unless the Chairman, with (4) for persons nominated to be chief of mis- date twelve years after their origination un- the concurrence of the Ranking Minority sion, ambassador-at-large, or minister, the less the Committee by majority vote decides Member, determines otherwise. Committee has received a complete list of against such declassification, and provided (b) Classified or Restricted Transcripts.— any contributions made by the nominee or that the executive departments involved and (1) The Chief Clerk of the Committee shall members of his immediate family to any all former Committee members who partici- have responsibility for the maintenance and Federal election campaign during the year of pated directly in the sessions or reports con- security of classified or restricted tran- his or her nomination and for the 4 preceding cerned have been consulted in advance and scripts. years; and (5) for persons nominated to be (2) A record shall be maintained of each given a reasonable opportunity to raise ob- chiefs of mission, a report on the dem- use of classified or restricted transcripts. jections to such declassification. onstrated competence of that nominee to (3) Classified or restricted transcripts shall (2) Any transcript or classified Committee perform the duties of the position to which be kept in locked combination safes in the report, or any portion thereof, may be de- he or she has been nominated. Committee offices except when in active use classified fewer than twelve years after their RULE 11—TRAVEL by authorized persons for a period not to ex- origination if: (i) the Chairman originates such action or (a) Foreign Travel.—No member of the ceed 2 weeks. Extensions of this period may receives a written request for such action, Committee on Foreign Relations or its staff be granted as necessary by the Chief Clerk. and notifies the other members of the Com- shall travel abroad on Committee business They must never be left unattended and mittee; unless specifically authorized by the Chair- shall be returned to the Chief Clerk prompt- (ii) the Chairman, Ranking Minority Mem- man, who is required by law to approve ly when no longer needed. ber, and each member or former member who vouchers and report expenditures of foreign (4) Except as provided in paragraph 7 participated directly in such meeting or re- currencies, and the Ranking Minority Mem- below, transcripts classified secret or higher port give their approval, except that the ber. Requests for authorization of such trav- may not leave the Committee offices except Committee by majority vote may overrule el shall state the purpose and, when com- for the purpose of declassification. any objections thereby raised to early de- pleted, a full substantive and financial re- (5) Classified transcripts other than those classification; and port shall be filed with the Committee with- classified secret or higher may leave the (iii) the executive departments and all in 30 days. This report shall be furnished to Committee offices in the possession of au- former Committee members are consulted in all members of the Committee and shall not thorized persons with the approval of the advance and have a reasonable opportunity be otherwise disseminated without the ex- Chairman. Delivery and return shall be made to object to early declassification. press authorization of the Committee. Ex- only by authorized persons. Such transcripts cept in extraordinary circumstances, staff may not leave Washington, DC, unless ade- RULE 13—CLASSIFIED MATERIAL travel shall not be approved unless the re- quate assurances for their security are made (a) All classified material received or origi- porting requirements have been fulfilled for to the Chairman. nated by the Committee shall be logged in at all prior trips. Except for travel that is (6) Extreme care shall be exercised to avoid the Committee’s offices in the Dirksen Sen- strictly personal, travel funded by non-U.S. taking notes or quotes from classified tran- ate Office Building, and except for material Government sources is subject to the same scripts. Their contents may not be divulged classified as ‘‘Top Secret’’ shall be filed in approval and substantive reporting require- to any unauthorized person. the Dirksen Senate Building offices for Com- ments as U.S. Government-funded travel. In (7) Subject to any additional restrictions mittee use and safekeeping. addition, members and staff are reminded of imposed by the Chairman with the concur- (b) Each such piece of classified material Senate Rule XXXV.4 requiring a determina- rence of the Ranking Minority Member, only received or originated shall be card indexed tion by the Senate Ethics Committee in the the following persons are authorized to have and serially numbered, and where requiring case of foreign-sponsored travel. Any pro- access to classified or restricted transcripts. onward distribution shall be distributed by posed travel by Committee staff for a sub- (i) Members and staff of the Committee in means of an attached indexed form approved committee purpose must be approved by the the Committee rooms; by the Chairman. If such material is to be subcommittee chairman and ranking minor- (ii) Designated personal representatives of distributed outside the Committee offices, it ity member prior to submission of the re- members of the Committee, and of the Ma- shall, in addition to the attached form, be quest to the Chairman and Ranking Minor- jority and Minority Leaders, with appro- accompanied also by an approved signature ity Member of the full Committee. When the priate security clearances, in the Commit- sheet to show onward receipt. Chairman and the Ranking Minority Member tee’s Capitol office; (c) Distribution of classified material approve the foreign travel of a member of (iii) Senators not members of the Com- among offices shall be by Committee mem- the staff of the committee not accompanying mittee, by permission of the Chairman in the bers or authorized staff only. All classified a member of the Committee, all members of Committee rooms; and material sent to members’ offices, and that the Committee shall be advised, prior to the (iv) Members of the executive departments distributed within the working offices of the commencement of such travel of its extent, involved in the meeting, in the Committee’s Committee, shall be returned to the offices nature, and purpose. Capitol office, or, with the permission of the designated by the Chief Clerk. No classified (b) Domestic Travel.—All official travel in Chairman, in the offices of the officials who material is to be removed from the offices of the United States by the Committee staff took part in the meeting, but in either case, the members or of the Committee without shall be approved in advance by the Staff Di- only for a specified and limited period of permission of the Chairman. Such classified rector, or in the case of minority staff, by time, and only after reliable assurances material will be afforded safe handling and the Minority Staff Director. against further reproduction or dissemina- safe storage at all times. (c) Personal Staff.—As a general rule, no tion have been given. (d) Material classified ‘‘Top Secret,’’ after more than one member of the personal staff (8) Any restrictions imposed upon access to being indexed and numbered shall be sent to of a member of the Committee may travel a meeting of the Committee shall also apply the Committee’s Capitol office for use by the with that member with the approval of the to the transcript of such meeting, except by members and authorized staff in that office Chairman and the Ranking Minority Member special permission of the Chairman and no- only or in such other secure Committee of- of the Committee. During such travel, the tice to the other members of the Committee. fices as may be authorized by the Chairman personal staff member shall be considered to Each transcript of a closed session of the or Staff Director. be an employee of the Committee. Committee shall include on its cover a de- (e) In general, members and staff under- (d) Personal Representatives of the Mem- scription of the restrictions imposed upon take to confine their access to classified in- ber (PRM).—For the purposes of Rule 11 as access, as well as any applicable restrictions formation on the basis of a ‘‘need to know’’ regards staff foreign travel, the officially- upon photocopying, note-taking or other dis- such information related to their Committee designated personal representative of the semination. responsibilities.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — SENATE S1247 (f) The Staff Director is authorized to priate. In any event, such public statements The PRESIDING OFFICER. Without make such administrative regulations as should avoid the expression of personal views objection, it is so ordered. may be necessary to carry out the provisions and should not contain predictions of future, of these regulations. or interpretations of past, Committee action; f RULE 14—STAFF and PROGRAM (iii) staff shall not discuss their private (a) Responsibilities.— conversations with members of the Com- Mr. CRAIG. Mr. President, for the in- (1) The staff works for the Committee as a mittee without specific advance permission formation of all Senators, the Senate whole, under the general supervision of the from the Senator or Senators concerned. will resume consideration of Senator Chairman of the Committee, and the imme- (2) The staff shall not discuss with anyone DODD’s amendment to the balanced diate direction of the Staff Director; pro- the proceedings of the Committee in closed vided, however, that such part of the staff as session or reveal information conveyed or budget amendment beginning at 1:30 is designated Minority Staff, shall be under discussed in such a session unless that per- tomorrow. By unanimous consent, the the general supervision of the Ranking Mi- son would have been permitted to attend the vote will occur on or in relation to the nority Member and under the immediate di- session itself, or unless such communication Dodd amendment regarding national rection of the Minority Staff Director. is specifically authorized by the Staff Direc- security at 5:30 on Wednesday. Addi- (2) Any member of the Committee should tor or Minority Staff Director. Unauthorized feel free to call upon the staff at any time tional votes can be expected during disclosure of information from a closed ses- Wednesday’s session in relation to for assistance in connection with Committee sion or of classified information shall be business. Members of the Senate not mem- cause for immediate dismissal and may, in amendments to Senate Joint Resolu- bers of the Committee who call upon the the case of some kinds of information, be tion 1, on any nominations that are staff for assistance from time to time should grounds for criminal prosecution. available, or possibly on one or two be given assistance subject to the overriding RULE 15—STATUS AND AMENDMENT OF RULES Senate resolutions that we are at- responsibility of the staff to the Committee. (a) Status.—In addition to the foregoing, tempting to clear at this time. (3) The staff’s primary responsibility is the Committee on Foreign Relations is gov- Again, I thank my colleagues for with respect to bills, resolutions, treaties, erned by the Standing Rules of the Senate and nominations. In addition to carrying out their cooperation as we attempt to ad- which shall take precedence in the event of assignments from the Committee and its in- journ on Thursday for the Presidents’ a clear inconsistency. In addition, the juris- dividual members, the staff has a responsi- Day recess. diction and responsibilities of the Com- bility to originate suggestions for Com- mittee with respect to certain matters, as f mittee or subcommittee consideration. The well as the timing and procedure for their staff also has a responsibility to make sug- ADJOURNMENT UNTIL 9:30 A.M. consideration in Committee, may be gov- gestions to individual members regarding TOMORROW erned by statute. matters of special interest to such members. (b) Amendment.—These Rules may be (4) It is part of the staff’s duty to keep Mr. CRAIG. Mr. President, if there is modified, amended, or repealed by a major- itself as well informed as possible in regard no further business to come before the ity of the Committee, provided that a notice to developments affecting foreign relations Senate, I now ask unanimous consent in writing of the proposed change has been and in regard to the administration of for- that the Senate stand in adjournment given to each member at least 48 hours prior eign programs of the United States. Signifi- to the meeting at which action thereon is to under the previous order. cant trends or developments which might be taken. However, Rules of the Committee There being no objection, the Senate, otherwise escape notice should be called to which are based upon Senate Rules may not at 5:57 p.m., adjourned until Wednes- the attention of the Committee, or of indi- be superseded by Committee vote alone.∑ day, February 12, 1997, at 9:30 a.m. vidual Senators with particular interests. (5) The staff shall pay due regard to the f f constitutional separation of powers between AUTHORIZING CORRECTION OF NOMINATIONS the Senate and the executive branch. It THE ENGROSSMENT OF SENATE therefore has a responsibility to help the Executive nominations received by RESOLUTION 10 Committee bring to bear an independent, ob- the Senate February 11, 1997: jective judgment of proposals by the execu- Mr. CRAIG. Mr. President, I ask NATIONAL FOUNDATION FOR ARTS AND tive branch and when appropriate to origi- unanimous consent that in the engross- HUMANITIES nate sound proposals of its own. At the same ment of Senate Resolution 10, the Sec- time, the staff shall avoid impinging upon TRACEY D. CONWELL, OF TEXAS, TO BE A MEMBER OF retary of the Senate be authorized to THE NATIONAL MUSEUM SERVICES BOARD FOR A TERM the day-to-day conduct of foreign affairs. make the following corrections which EXPIRING DECEMBER 6, 2001, VICE FAY S. HOWELL, TERM (6) In those instances when Committee ac- EXPIRED. are at the desk. tion requires the expression of minority DEPARTMENT OF JUSTICE views, the staff shall assist the minority as The PRESIDING OFFICER. Without objection, it is so ordered. JOAQUIN L. G. SALAS, OF GUAM, TO BE U.S. MARSHAL fully as the majority to the end that all FOR THE DISTRICT OF GUAM AND CONCURRENTLY U.S. points of view may be fully considered by f MARSHAL FOR THE DISTRICT OF THE NORTHERN MAR- members of the Committee and of the Sen- IANA ISLANDS FOR THE TERM OF 4 YEARS, VICE JOSE R. MARIANO. ate. The staff shall bear in mind that under ORDERS FOR WEDNESDAY, our constitutional system it is the responsi- FEBRUARY 12, 1997 THE JUDICIARY bility of the elected Members of the Senate Mr. CRAIG. Mr. President, I ask MARY ANN GOODEN TERRELL, OF THE DISTRICT OF CO- to determine legislative issues in the light of LUMBIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR unanimous consent that when the Sen- COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM as full and fair a presentation of the facts as ate completes its business today it OF 15 YEARS, VICE RICHARD STEPHEN SALZMAN, TERM the staff may be able to obtain. EXPIRED. (b) Restrictions.— stand in adjournment until the hour of PATRICIA A. BRODERICK, OF THE DISTRICT OF COLUM- 9:30 a.m. on Wednesday, February 12. I BIA, TO BE AN ASSOCIATE JUDGE OF THE SUPERIOR (1) The staff shall regard its relationship to COURT OF THE DISTRICT OF COLUMBIA FOR THE TERM the Committee as a privileged one, in the na- ask unanimous consent that on OF 15 YEARS, VICE HARRIETT ROSEN TAYLOR, TERM EX- ture of the relationship of a lawyer to a cli- Wednesday immediately following the PIRED. ent. In order to protect this relationship and prayer, the routine requests through IN THE COAST GUARD the mutual confidence which must prevail if the morning hour be granted. I further THE FOLLOWING REGULAR OFFICERS OF THE UNITED the Committee-staff relationship is to be a ask unanimous consent that there be a STATES COAST GUARD FOR THE APPOINTMENT TO THE GRADE OF REAR ADMIRAL: satisfactory and fruitful one, the following period of morning business until the criteria shall apply: ROBERT C. NORTH RICHARD M. LARRABEE III (i) members of the staff shall not be identi- hour of 11 a.m., with the following Sen- TIMOTHY W. JOSIAH JOHN T. TOZZI ators to speak during the designated FRED L. AMES THOMAS H. COLLINS fied with any special interest group in the ERNEST R. RIUTTA field of foreign relations or allow their time: From 9:30 until 10, Senator MARINE CORPS names to be used by any such group; ASHCROFT for 15 minutes and Senator (ii) members of the staff shall not accept DORGAN for 15 minutes; from 10 to 10:30, THE FOLLOWING-NAMED OFFICERS FOR REGULAR AP- POINTMENT TO THE GRADES INDICATED IN THE U.S. MA- public speaking engagements or write for Senator DASCHLE or his designee; from RINE CORPS UNDER TITLE 10, UNITED STATE CODE, SEC- publication in the field of foreign relations 10:30 to 11 o’clock, Senator THOMAS or TION 531: without specific advance permission from his designee. To be major the Staff Director, or, in the case of minor- I further ask unanimous consent that NEITA A. ARMSTRONG, 0000 ity staff, from the Minority Staff Director. at 11 a.m., the Senate resume consider- MATTHEW A. BARBATO, 0000 In the case of the Staff Director and the Mi- BRIAN K. BARTON, 0000 nority Staff Director, such advance permis- ation of Senate Joint Resolution 1 and MICHAEL R. BROWN, JR., 0000 Senator BYRD be recognized at that FRANCIS X. CARROLL, 0000 sion shall be obtained from the Chairman or DOUGLAS W. EDWARDS, 0000 the Ranking Minority Member, as appro- time. SUSAN L. EDWARDS, 0000

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JEFFERSON D. HOLDEN, 0000 PAUL C. FAGAN, 0000 JOHN G. MC GINNIS, 0000 MICHAEL J. JACKSON, 0000 BRIAN E. FAGAN, 0000 ARTHUR B. MC KEEL, 0000 NEAL A. JACOB, 0000 JOHN P. FARNAM, 0000 CHRISTOPHER A. MC PHILLIPS, 0000 ANNETTE R. JACOBSEN, 0000 MICHAEL FARRELL, 0000 KEVIN T. MC TARSNEY, 0000 ROBERT B. MORRISON, 0000 SHAWN S. FARRINGTON, 0000 HALSTEAD MEADOWS III, 0000 TERRY D. OWENS, 0000 DANIEL E. FENNELL, 0000 THOMAS M. MEANEY, 0000 RANDOLPH A. PETERSON, 0000 MATTHEW P. FERGUSON, 0000 MICHAEL W. MELSO, 0000 RONALD B. PINER, 0000 ROBERT A. FIFER, 0000 SANDER H. MELVIN, 0000 MARK L. ROBERTS, 0000 DONALD R. FINN, 0000 JACK D. MERKEL, 0000 RICHARD G. RUTTER, JR., 0000 ALAN D. FOUST, 0000 JAMES L. MILLER, 0000 KENNETH D. WHITE, 0000 RICHARD F. FUERST, 0000 PAUL R. MOGG, 0000 PAUL R. WILSON, 0000 ROBERT M. FUHRER, 0000 JONATHAN S. MOONEYHAM, 0000 FRANK T. FULLER, 0000 MARCUS A. MOORE, 0000 To be captain BRIAN R. FULLER, 0000 DAVID B. MORGAN, 0000 MATTHEW K. GALLAGHER, 0000 JUSTIN S. MORO, 0000 BURNELL H. AGE, JR., 0000 MICHAEL GANTE, JR., 0000 DARIN S. MORRIS, 0000 CHRISTOPHE W. ALLEN, 0000 STEPHEN A. GASSNER, 0000 ANDREW J. MOYER, 0000 ILYA R. AMMONS, 0000 TYSON B. GEISENDORFF, 0000 DAVID J. MURPHY, 0000 ERIC D. ANDERSON, 0000 CHRISTIAN GHEE, 0000 JOSEPH M. MURRAY, 0000 JOHN R. ANDERSON, 0000 MICHAEL P. GILBERT, 0000 LIONEL R. NEDER, 0000 GREGORY D. ANDERSON, 0000 GREGORY O. GLAESER, 0000 SEAN W. NESTLER, 0000 SAMEUL J. ANTCLIFFE, 0000 GREGORY N. GLASSER, 0000 JOHN G. NEWHALL, JR., 0000 MICHAEL P. ANTONIO, 0000 IV HERMAN GLOVER, 0000 MARK R. NICKLES, 0000 DANA I. ARENSON, 0000 MICHAEL F. GOGOLIN, 0000 ERIK R. NIELSEN, 0000 JOSEPH L. ASHBAKER, JR., 0000 GARY J. GOLEMBISKI, 0000 HARRY D. OAKLEY, 0000 STEPHEN H. ASHLEY, 0000 DAVID R. GOODELL III, 0000 JAMES E. OHARRA, 0000 PAUL H. ATTERBURY, 0000 VIRGILIO GONZALEZ, 0000 BRIAN R. OLEARY, 0000 ROBERT B. BABCOCK, 0000 JOHN M. GRAHAM, 0000 DUANE A. OPPERMAN, 0000 KENDALL D. BAILEY, 0000 JEFFERY S. GREENWOOD, 0000 LYNN W. OYLER, 0000 RAYMOND G. BAKER, 0000 JUSTIN T. GREINER, 0000 RONALD L. PACE, 0000 AHMAD BANDANI, 0000 CHARLES G. GRIFFIN II, 0000 MICHAEL L. PAGANO, 0000 STEPHEN S. BARRANCO, JR., 0000 CHRISTOPHE R. GUILFORD, 0000 JAY B. PARKER, 0000 ERIC E. BATTLE, 0000 STEVE D. HAGERTY, 0000 DAVID B. PARKS, 0000 PAUL M. BECKWITH, 0000 ANDREW W. HALL, 0000 PATRICK C. PATTERSON, 0000 JAMES D. BELSON, 0000 SEAN V. HALPIN, 0000 TRACY L. PEACOCK, 0000 DAVID BERNATOVICH, 0000 DAN HANKS, 0000 JEFFREY P. PFANNENSTEIN, 0000 DAVID P. BERRY, 0000 GREGORY J. HANVILLE, 0000 WILLIAM C. PIELLI, 0000 CHAD A. BLAIR, 0000 JAMES W. HARGUS, JR., 0000 JOHN C. POEHLER, 0000 ARNOLD D. BLANKENSHIP II, 0000 JAMES F. HARP, 0000 GREGORY A. PREWITT, 0000 RUSSELL A. BLAUW, 0000 BRIAN D. HARRELSON, 0000 FRANK R. PROKUP, 0000 BRANTLEY A. BOND, 0000 MARK S. HARRINGTON, 0000 JOSEPH F. QUINLAN III, 0000 ANTHONY W. BOWN, 0000 WESLEY D. HART, 0000 JOSEPH N. RAFTERY, 0000 STEPHEN E. BROOKS, 0000 PETER W. HART, 0000 MATTHEW R. RAJKOVICH, 0000 CHARLES L. BROWN, 0000 EUGENE K. HARTER III, 0000 FRANK E. RAUCH II, 0000 AUSTIN D. BRYANT, 0000 BRIAN W. HAVILAND, 0000 JOEL R. RAUENHORST, 0000 WILLIAM T. BUFKIN II, 0000 EVAN B. HAYMES, 0000 TIMOTHY A. RAYNOR, 0000 BRIAN E. BUFTON, 0000 MATTHEW K. HAYS, 0000 LOWELL F. RECTOR, 0000 WAYNE M. BUNKER, 0000 ANTHONY M. HENDERSON, 0000 WESLEY C. REED, 0000 CARL D. BURTNER, JR., 0000 ELAINE M. HENSEN, 0000 BRENDAN REILLY, 0000 RUSSELL C. BURTON, 0000 RICHARD L. HILL, 0000 ROBERT J. REYNOLDS, 0000 DAVID W. BUSSEL, 0000 HUNTER H. HOBSON, 0000 WILLIAM D. RICE, 0000 GREGORY E. BUTCHER, 0000 WILLIAM M. HOFMANN, 0000 RICHARD R. RIERSON, 0000 KELLY D. CAILLOUET, 0000 MICHAEL T. HOLMES, 0000 MICHAEL R. RIES, 0000 MARKHAM B. CAMPAIGNE, JR., 0000 GEORGE N. HOUGH, 0000 THOMAS E. RINGO, 0000 MICHEL C. CANCELLIER, 0000 RICHARD B. HOWELL, 0000 TIMOTHY S. ROBERTS, 0000 DAVID CARBONERO, 0000 KEVIN M. HUDSON, 0000 HOWARD G. ROBINSON, 0000 CHRISTOPHE U. CARR, 0000 DANIEL C. IRCINK, 0000 DANIEL J. RODMAN, 0000 JOHN R. CASTILLO, 0000 SAMUEL E. JACKSON, 0000 GREGG B. ROGERS, 0000 JAMES C. CHAPMAN, 0000 JOHN B. JENSEN II, 0000 JERRY R. ROGERS II, 0000 CHRISTIAN P. CHARLEVILLE, 0000 JAMES E. JENNINGS, 0000 PAUL S. ROLLIN, 0000 MELVIN L. CHATTMAN, 0000 ALLEN K. JOHNSON, 0000 THOMAS J. ROMUALD, 0000 ERIK L. CHRISTENSEN, 0000 RONALD I. JOHNSON, 0000 CHARLES D. ROSE, JR., 0000 J.E. CHRISTIANSEN, 0000 CARROLL J. JOUBERT, JR., 0000 STEVEN A. ROSS, 0000 BENJAMIN R. CLATTERBUCK, 0000 DONALD P. JULIAN, 0000 WILLIAM R. RUSSELL, 0000 JOSEPH M. CLOWDSLEY, 0000 KIRIAKOS KALOGIANNIS, 0000 SHAUN L. SADLER, 0000 DOUGLAS W. COCHRAN, 0000 JOHN F. KELLIHER III, 0000 SEAN M. SALENE, 0000 MICHAEL J. COCO, 0000 CHARLES B. KELLY, 0000 BRENT E. SANDERS, 0000 STEPHEN C. COHN, 0000 TRENTON E. KENAGY, 0000 ANDREW J. SAUER, 0000 JAIME O. COLLAZO, 0000 JAMES R. KENNEDY, 0000 JOHN M. SCHAAR, 0000 JAMES L. COMBS, 0000 PETER F. KIELTY, 0000 CHRISTOPHE W. SCHARF, 0000 KEVIN M. CONSOLE, 0000 CRAIG M. KILHENNY, 0000 GRANT W. SCHNEEMANN, 0000 CHAD J. CONYERS, 0000 CRAIG T. KILLIAN, 0000 JONATHAN B. SCRABECK, 0000 IAN D. COURTNEY, 0000 LAWRENCE E. KILLMEIER, JR., 0000 THOMAS R. SEIFERT, 0000 GERRY R. COX, 0000 MICHAEL G. KING, 0000 GEORGE R. SEWELL, 0000 WAYNE O. COX II, 0000 FORREST D. KNOWLTON, 0000 BRIAN L. SHATT, 0000 BRADLEY W. CRABTREE, 0000 KEVIN S. KRETZSCHMAR, 0000 SANJEEV SHINDE, 0000 SCOTT N. CRADER, 0000 HENRY T. KUEHN, 0000 PAUL A. SIMMONDS, 0000 JOSEPH A. CRAFT, 0000 ROBERT A. KUROWSKI, 0000 JOHN T. SIMPSON, 0000 MARK A. CRAWFORD, 0000 ROBERT M. LACK, 0000 THOMAS R. SIMS, 0000 THOMAS W. CRECCA, 0000 RHETT B. LAWING, 0000 STEPHEN D. SIZEMORE, 0000 MATTHEW A. CROCE, 0000 BEAU M. LAWRENCE, 0000 BRUCE K. SIZEMORE, 0000 MICHAEL S. CUNINGHAM, 0000 TREVOR A. LAWS, 0000 ROBERT B. SKANKEY, 0000 KEVIN G. CUNNANE, 0000 HEATH A. LAWSON, 0000 GEORGE J. SLYER III, 0000 BRET R. CURTIS, 0000 MICHAEL J. LEAMY, 0000 LARRY J. SMITH, 0000 ERIC B. DAILEY, 0000 JACK T. LEDFORD, JR., 0000 ROBERT J. SMULLEN, 0000 THOMAS C. DAMES, 0000 IV CARL LEHRKIND, 0000 MICHAEL L. SNAVELY, 0000 EARL W. DANIELS, 0000 BLAKE E. LEMAIRE, 0000 JON E. SPAAR, 0000 JAMES G. DAVIDSON, 0000 MARK J. LENNERTON, 0000 PAUL L. STARITA, 0000 DOUGLAS B. DAVIS, 0000 COBY G. LEUSCHKE, 0000 SCOTT F. STEBBINS, 0000 MATTHEW A. DAY, 0000 DARIN E. LIERLY, 0000 RICHARD G. STEELE, 0000 DEVIN C. DELL, 0000 PATRICK A. LINDAUER, 0000 MICHAEL S. STEGELMAN, 0000 MICHAEL P. DELMAS, 0000 THOMAS M. LOEHLE, 0000 BENNETT L. STEINER, 0000 JOHN B. DELUCA, 0000 MATTHEW W. LOTZ, 0000 NOEL C. STEVENS, 0000 DOUGLAS B. DENNIS, 0000 JAMES I. LUKEHART, JR., 0000 ANDREW V. STICH, 0000 KENNETH R. DEVERO II, 0000 THOMAS P. MACAULEY, 0000 MICHAEL A. STOLZENBURG, 0000 THOMAS E. DEVINE, 0000 DANIEL W. MAC DONALD III, 0000 DOUGLAS D. STUMPF, 0000 DANIEL J. DEWHIRST, 0000 SEAN R. MADDEN, 0000 DAVID A. SUGGS, 0000 OSSEN J. DHAITI, 0000 JOHN E. MADES, 0000 PATRICK C. SULLIVAN, 0000 JOHN W. DIEDENHOFEN IV, 0000 SCOTT D. MAGIDSON, 0000 JOHN D. SWAIN, 0000 MARK D. DIETZ, 0000 FRANK W. MAJDAN, JR., 0000 KURT A. SWANICK, 0000 JOHN E. DOBES, 0000 STEVEN P. MANBER, 0000 ERIK H. SWENSON, 0000 JAMES K. DORIS, 0000 DAMIEN M. MARSH, 0000 DOUGLAS K. SWITZER, 0000 KEVIN B. DOTY, 0000 JOHN J. MARTIN, 0000 MICHAEL D. TENCATE, 0000 DOUGLAS G. DOUDS, 0000 GREGORY R. MARTIN, 0000 CHARLES C. TERRASSE, 0000 TIMOTHY M. DOUGHERTY, 0000 KENDALL A. MARTINEZ, 0000 MICHAEL C. TERREL, 0000 LY T. DRUMMOND, 0000 SEAN P. MATTINGLY, 0000 ADAM C. THARP, 0000 ROBERT M. DUKES, 0000 JAMES H. MATTS, 0000 BRIAN M. THAYER, 0000 DAVID P. DUMA, 0000 GEORGE J. MAUTZ, 0000 ALAN D. THOBURN III, 0000 TERENCE J. DUNNE, 0000 WILLIAM B. MAYBERRY, JR., 0000 MATTHEW R. THOMAS, 0000 EDWARD C. DURANT, 0000 DAVID B. MC CANN, 0000 PATRICK M. TIMOTHY, 0000 ANDREW L. EAST, 0000 JOSEPH T. MC CLOUD, 0000 PETER C. TITCOMB, JR., 0000 JEFFREY R. EBERWEIN, 0000 PAUL R. MC CONNELL, 0000 MARK D. TOBIN, 0000 GOSCH L. EHLERS III, 0000 PAUL H. MC CONNELL, 0000 MATTHEW E. TOLLIVER, 0000 ERIC J. ELDRED, 0000 DAVID G. MC CULLOH, 0000 JOHN R. TOMCZYK, 0000 LEGRAND ELEBASH, 0000 KATHERINE M. MC DONALD, 0000 WILLIAM P. VANZWOLL, 0000 THOMASMORE J. EPISCOPIO, 0000 DANIEL B. MC DYRE, JR., 0000 WILLIAM A. VARGO, 0000 THOMAS C. EULER III, 0000 JASON S. MC FARLAND, 0000 JEFFREY M. VERRANT, 0000

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GANPAT V. WAGH, 0000 DAREN J. ERICKSON, 0000 MICHAEL J. PROUTY, 0000 THOMAS A. WAGONER, JR., 0000 MANUEL ESCARCEGA, JR., 0000 JAVIER T. RAMOS, 0000 GAINES L. WARD, 0000 PETER C. FARNUM, 0000 CHARLES C. RANDOLPH II, 0000 MICHAEL T. WARRING, 0000 PHILIP B. FARR, 0000 RICHARD J. REILLY, 0000 ROBERT B. WEHNER, 0000 RONALD M. FARRIS, JR., 0000 GREGORY F. RHODEN, 0000 DOUGLAS S. WEINMANN, 0000 CHRISTOPHE M. FEARS, 0000 CARLOS R. RODRIGUEZ, JR., 0000 ERIC S. WEISSBERGER, 0000 WALKER M. FIELD, 0000 JOSEPH J. RUSSO, 0000 AARON S. WELLS, 0000 SHAUN M. FITZSIMMONS, 0000 RONALD J. RUX, 0000 BRIAN H. WIKTOREK, 0000 DOMINIC FOSTER, 0000 MICHAEL E. SCHUTTE, 0000 ANTHONY C. WILLIAMS, 0000 TYRONE R. FRANKLIN, 0000 DOMINIC A. SETKA, 0000 GARY M. WILLIAMS, 0000 MACEO B. FRANKS, 0000 WILLIAM D. SHANNON, 0000 CHRISTOPHE J. WILLIAMS, 0000 WESLEY A. FRASARD, JR., 0000 MARK W. SHELLABARGER, 0000 MARCUS W. WILLIAMS, 0000 KEITH A. FRY, 0000 JOHN H. SORENSON, 0000 STEVEN L. WILSON, 0000 JOHN R. GABBARD, 0000 ANTHONY M. SPARAGNO, JR., 0000 ALFRED J. WOODFIN, 0000 SEAN C. GALLAGHER, 0000 ROBERT T. STANFORD, 0000 PATRICIA L. WOODS, 0000 SYLVESTER GAVINS, 0000 MICHAEL C. STARLING, 0000 MALCOLM J. WOOLFOLK, 0000 PAUL J. GEARY, 0000 KIMBERLY A. STASTNY, 0000 BRUCE D. YOUNGBLUTH, 0000 DANIEL W. GEISENHOF, 0000 MICHAEL J. STEELE, 0000 WILLIAM A. ZACHARIAS, JR., 0000 MAX GORALNICK, 0000 GREGG L. STIMATZE, 0000 MICHAEL T. GREENO, 0000 To be first lieutenant JAMES B. STONE IV, 0000 THOMAS C. GRESSER II, 0000 BRIAN L. STROBEL, 0000 JOHN C. GRISDALE, 0000 DANA A. AHRENS, 0000 KEITH A. SYKES, 0000 DARYL E. GRISSOM, 0000 ANTHONY L. ALLEN, 0000 DAVID S. SYLVESTER, 0000 DONG K. HAN, 0000 CHARLES M. ANDREWS, JR., 0000 MICHAEL J. TARGOS III, 0000 ALEXANDER H. HART, 0000 BRADFORD J. TENNEY, 0000 ERIC M. ARBOGAST, 0000 PATRICK J. HARTNETT, 0000 JOHN W. THAYER, 0000 WILLIAM L. BABCOCK, JR., 0000 CHAD T. HEDLESTON, 0000 CLAY C. TIPTON, 0000 JAMES H. BAIN, 0000 RAPHAEL HERNANDEZ, 0000 KRIS A. TLAPA, 0000 ROBERT S. BAKER, 0000 TYLER R. HOLMQUIST, 0000 ERIC H. TRAUPE, 0000 DAVID G. BARDORF, 0000 JEFFREY C. HOLT, 0000 GLENN C. VOGEL, 0000 MARTIN L. BARTLETT, 0000 LAWRENCE E. HUGGINS, JR., 0000 DEAN J. VRABLE, 0000 DAVID A. BECKER, 0000 KENNETH E. HUMPHREY, 0000 CHARLENE M. WALTERS, 0000 HAYNESLY R. BLAKE, 0000 LAWRENCE K. HUSSEY, 0000 BRADLEY E. WHITE, 0000 DEVIN T. BLEA, 0000 DENISE M. HYDE, 0000 SEAN B. WHITEHOUSE, 0000 STEVEN R. BOWERS, 0000 CHRISTOPHE B. JACKSON, 0000 SCOTT H. BRAHIN, 0000 THOMAS C. JARMAN, 0000 KEVIN W. WINTER, 0000 PAUL B. BRICKLEY, 0000 BRIAN E. JONES, 0000 BRYAN K. WOOD, 0000 MARK W. BUIE, 0000 ROBERT A. KAMINSKI, 0000 JOSEPH A. WRONKOWSKI, 0000 TIMOTHY J. BURCH, 0000 STEPHEN M. KAMPEN, 0000 VINCENT J. YASAKI, 0000 KENNETH A. BURGER, 0000 MARVIN B. KETTLE, 0000 To be second lieutenant KERRY A. CAMPBELL, 0000 DAVID E. KINKAID, 0000 DANIEL T. CANFIELD, JR., 0000 SCOTT J. KINNER, 0000 MICHAEL R. ALEXANDER, 0000 CORBY S. CARBONE, 0000 HEIDI E. KINNER, 0000 TIMOTHY M. BAIRSTOW, 0000 WILLIAM P. CARROLL, 0000 STEVEN J. KOTANSKY, 0000 RONI R. ELMORE, 0000 STEPHEN L. CASTORA, 0000 BRYAN K. KRAMER, 0000 MATTHEW T. GOOD, 0000 MARC A. CESARIO, 0000 DAVID E. LANE II, 0000 BRYAN E. HILL, 0000 ADAM L. CHALKLEY, 0000 WENDELL B. LEIMBACH, JR., 0000 STEVEN M. JACONETTI, 0000 BENJAMIN D. CHAPMAN, 0000 RODNEY L. LEWIS, 0000 GILBERT D. JUAREZ, 0000 TROY L. CLARK, 0000 RICHARD J. LUCIER, 0000 MATTHEW R. MC GATH, 0000 DARIN J. CLARKE, 0000 ERIC M. MARTIN, 0000 JASON S. PERRY, 0000 GREGORY J. CLARKE, 0000 COLLEEN D. MARSHALL, 0000 JOHN S. POSTORINO, 0000 JOSEPH R. CLEARFIELD, 0000 ERIC M. MARTINEAU, 0000 KENNETH C. POTTER, 0000 JEFFREY L. CONLEY, 0000 CURTIS A. MASON, 0000 THOMAS R. PRZYBELSKI, 0000 CARL E. COOPER, JR., 0000 MELISSA I. MC CAMISH, 0000 ALAN B. ROWE, 0000 ERIC M. CORCORAN, 0000 JAMES M. MC GIVNEY, 0000 EDWARD T. RUSH, JR., 0000 KEVIN F. COUGHLIN, 0000 HEIDI J. MC KENNA, 0000 MATTHEW P. SEGREST, 0000 JOHN H. COVINGTON, JR., 0000 MICHAEL E. MC WILLIAMS, 0000 PATRICK W. COX, 0000 ELDON E. METZGER, 0000 DARYL G. CRANE, 0000 RALPH B. MEYERS, 0000 f MCCARRELL A. CRUMRINE, 0000 MICHAEL T. MILLER, 0000 NICHOLAS E. DAVIS, 0000 JAMES A. MISTRETTA, 0000 NEAL L. DEFORD, 0000 JOHN F. MOORE, 0000 CONFIRMATION PAMELA J. DEMORAT, 0000 JUAN J. MORENO, 0000 TIMOTHY B. DENTRY, 0000 CHRISTOPHE D. MORTON, 0000 Executive nomination confirmed by JORGE DIAZ, 0000 THOMAS J. NAUGHTON, JR., 0000 the Senate February 11, 1997: DAVID C. DICKEY, 0000 BRIAN W. NEIL, 0000 NICHOLAS L. DITTLINGER, 0000 ERIK P. NELSON, 0000 DEPARTMENT OF STATE ROSWELL V. DIXON, 0000 JULIE L. NETHERCOT, 0000 DARRYL W. DOTSON, 0000 MATTHEW J. NOBLE, 0000 BILL RICHARDSON, OF NEW MEXICO, TO BE THE REP- CRAIG R. DOTY, 0000 SEAN M. NOEL, 0000 RESENTATIVE OF THE UNITED STATES OF AMERICA TO LANCE A. DOWD, JR., 0000 KEVIN A. NORTON, 0000 THE UNITED NATIONS WITH THE RANK AND STATUS OF ROBERT D. DOZIER, 0000 EDWARD W. NOVACK, 0000 AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, KARI DRABICK, 0000 JOHN E. ORILLE, 0000 AND THE REPRESENTATIVE OF THE UNITED STATES OF BRIAN W. ECARIUS, 0000 JOHN J. OTOOLE III, 0000 AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- JEFFREY A. EICHHOLZ, 0000 KEITH E. OWENS, 0000 TIONS. CHRISTIAN T. ELLINGER, 0000 MARTIN J. PALLOTTA, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO KYLE B. ELLISON, 0000 TODD E. PERRY, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- DOUGLAS J. ENGEL, 0000 TOLAN M. PICA, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MONTGOMERY C. ERFOURTH, 0000 RAYMOND J. PLACIENTE, 0000 CONSTITUTED COMMITTEE OF THE SENATE.

VerDate Mar 15 2010 22:03 Oct 24, 2013 Jkt 081600 PO 00000 Frm 00047 Fmt 0624 Sfmt 9801 E:\1997SENATE\S11FE7.REC S11FE7 mmaher on DSK5TPTVN1PROD with SOCIALSECURITY February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E201 EXTENSIONS OF REMARKS

PATENT AND TRADEMARK OFFICE creasingly redirected a larger share of the sur- SUNSHINE ON THE FEDERAL OPEN SURCHARGE EXTENSION ACT charge revenue, reaching a record level of MARKET COMMITTEE ACT $54 million in the current year. In total, over HON. HOWARD COBLE the past 6 fiscal years, over $142 million has HON. JAMES A. TRAFICANT, JR. OF NORTH CAROLINA been diverted from the PTO. OF OHIO IN THE HOUSE OF REPRESENTATIVES This, of course, has had a debilitating im- IN THE HOUSE OF REPRESENTATIVES Tuesday, February 11, 1997 pact on the Patent and Trademark Office. The Tuesday, February 11, 1997 Mr. COBLE. Mr. Speaker, today, I am effort to reclassify the patent search file to Mr. TRAFICANT. Mr. Speaker, in 1995 the pleased to introduce a bill which responds to keep it current with developing technologies Chairman of the Federal Reserve clarified that an aspect of the budget proposed by the ad- had to be eliminated. The efforts to provide transcripts of its Federal Open Market Com- ministration last Thursday and to congres- technological training for patent examiners and mittee [FOMC] meetings will be disclosed to sional practice over the past 6 fiscal years. to expose them to the latest developments in the publicÐafter 30 years. The administration's budget proposal would di- their fields has been reduced. The support of Enough is enough. I urge my colleagues to vert $92 million in fiscal year 1998 from the legal training for patent examiners has been once again cosponsor my Sunshine on the U.S. Patent and Trademark Office, which re- cut 50 percent. One of the most promising Federal Open Market Committee Act, which ceives no taxpayer dollars, to other tax-funded cost-saving steps contemplated by the PTO, will apply the Government-in-the-Sunshine Act areas of the Government. In 1999, the admin- allowing applicants to file their applications to FOMC meetings. istration proposes that $119 million be di- electronically, has been postponed indefinitely. The Fed is charged with duty of not only verted. In fiscal year 1997, Congress diverted Since the diversion of $54 million this year, conducting the day-to-day banking for the en- $54 million, a significant increase over pre- the Office has been forced to reduce the hiring tire Nation, but regulating the economy vious diversions. This legislation would correct of patent examiners 50 percent at a time when through the formulation of monetary policy. this serious and growing problem, without patent application filings are increasing by Needless to say, it wields immense power. In harming the budget, so that the PTO can con- nearly 10 percent annually. In the budget de- a typical month, it pumps anywhere between tinue to be the engine that fuels the creation livered to this body by the administration last $1 and $4 billion into the economy while dan- of competitive American technology. Thursday, the President is proposing that we gling the threat of higher interest rates over Last month, Representatives GOODLATTE, continue to increase these diversions in the the American public. Even more intimidating, CONYERS, LOFGREN, and I introduced H.R. amount of $92 million in fiscal year 1998 and Mr. Speaker, is that half of all the banks in the 400, the 21st Century Patent System Improve- $119 million, the amount of the entire sur- country are members of the Federal Reserve ment Act, a bipartisan bill which will make criti- charge, in each of the succeeding years System; all national banks must belong. All cal reforms to our Nation's patent laws and to through fiscal year 2002. In anticipation of this told, the Fed has holdings of over $300 bil- the PTO for America's high-technology indus- denial of user fees, the PTO has canceled to- lionÐaccounting for nearly 7 percent of the tries. However, unless we move quickly to pre- tally all plans for hiring patent examiners this national debt. serve and stabilize the finances of the PTO, year because it would not have sufficient The entity within the Fed responsible for de- these improvements and the patent system it- funds to pay for them next year. We cannot termining the country's monetary policy is the self will be in jeopardy. afford to allow this dismantling of our patent FOMC, which consists of the 7 member Board The Patent and Trademark Office is funded system to occur. of Governors and 5 of the 12 district bank totally through the payment of application and presidents. The FOMC meets every 6 weeks user fees. Taxpayer support for the operations The legislation I am introducing today is rev- but, unfortunately for the general public, they of the Office was eliminated in 1990 with the enue neutral. It does not increase an expendi- meet in relative secrecy. I say relative be- passage of the Omnibus Budget Reconcili- ture of taxpayer revenues which would in- cause, in the wake of a FOMC meeting, mem- ation Act. The act imposed a massive fee in- crease the deficit. It would merely permit the bers of the committee give speeches to busi- creaseÐreferred to as a ``surcharge''Ðon PTO to use all of the patent and trademark ness groups where, with a wink and a nod, America's inventors and industry in order to fees it receives to examine patent and trade- they may reveal specifics of the new policy. replace taxpayer support the Office was then mark applications, to grant patents and to reg- Meanwhile, the ordinary American gets a con- receiving. The revenues generated by this sur- ister trademarks. It does this by placing the voluted synopsis of the policy immediately charge, $119 million, which constitute approxi- fees generated by the surcharge mandated by after the meeting, an edited transcript 6 weeks mately 20 percent of the PTO's operating the Omnibus Budget Reconciliation Act of later, and the full story 30 years later. It is time budget, are placed into a surcharge account. 1990 into the same category as the other user to open these meetings up to all. The PTO is required to request of the Appro- fees paid by patent and trademark applicants. Mr. Speaker, the Government-in-the-Sun- priations Committees that they be allowed to Specifically, it would characterize these fees shine Act, passed in 1976 to increase ac- use these surcharge revenues in this account as ``offsetting collections'' rather than ``offset- countability of over 50 Federal agencies, to support the 20 percent of its operations ting receipts'' so that all of the fees collected opens closed meetings to private scrutiny. It these revenues represent. It was anticipated in could be used for the purposes for which they requires that every portion of every meeting of 1990 that Congress would routinely grant the were paid. an agency that is headed by a collegial body PTO permission to use the surcharge revenue must be open to public observation. There are We must stop this unwarranted tax on inno- since it was generated originally from fees exceptions to the law, however, and the Fed paid by users of the patent and trademark vation. Our Patent and Trademark Office can- has massaged the English language to the systems to support the cost of those systems. not operate effectively on 80 percent of its op- point where the Supreme Court overruled the Unfortunately, experience has shown us that erating budgetÐall of which is paid for not by lower courts and allowed one such exemption the user fees paid into the surcharge account you and me, but by the applicants who use it. to apply to the FOMC meetings. Con- have become a target of opportunity to fund I look forward to working with all interested sequently, the Fed has the extraordinary time- other, unrelated, taxpayer-funded Government parties to reverse this potential decline in the table for disclosure that I mentioned. programs. The temptation to use the sur- services offered by the PTO. In this increas- Mr. Speaker, I understand the sensitivity charge, and thus a significant portion of the ingly competitive world, the economic survival with which the Fed must treat monetary policy. operating budget of the PTO, has proven in- of the United States will be dependent upon I also understand the need for apolitical deci- creasingly irresistible, to the detriment and high technology products and services. We sionmaking during the FOMC meetings. But sound functioning of our Nation's patent and cannot allow the pillar upon which our com- when a governmental entity can wield a $300 trademark systems. Beginning with the diver- petitiveness in the global economy rests to be billion bludgeoning tool at will in the market- sion of $8 million in 1992, Congress has in- destroyed. place, it should be held accountable. As such,

∑ 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. E202 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 I am reintroducing the Sunshine on the Fed- of Commerce; the Irvine-Ravenna Kiwanis deavor. Put simply, it means this: Nothing eral Open Market Committee Act to ensure Club; the Community Development Foundation should be done at a higher level of organiza- the FOMC is held accountable for its policies. Council; the Natural Bridge Park Association; tion than is necessary to accomplish the pur- I urge my colleagues to once again support pose involved. Or, conversely, whatever the Council of the National Rifle Association; F needs to be done should be done at the lowest and cosponsor this important measure. and A Masons, Irvine Lodge 137; Oleika level of organization that is possible. In gov- f Shrine Temple; and the Estill County Sports- ernmental terms: Whatever needs to be done men's Club. by the government should be done by the TRIBUTE TO CLARENCE DUDLEY It has been an honor and a privilege know- government closest to the people. NOLAND ing and working with C.D. Noland throughout (2) I am a fiscal conservative and I always the years. On behalf of the people of eastern have been. That strong fiscal conservatism Kentucky, I want to commend C.D. for all he has been consistently reflected in my speech, HON. HAROLD ROGERS in my actions, and in my decisions as a pub- OF KENTUCKY has accomplished for our State, and thank him lic official for over eighteen (18) years now. IN THE HOUSE OF REPRESENTATIVES for a job well done. No one turns around a public hospital from a Tuesday, February 11, 1997 f three and one-half million dollar debt to a thriving enterprise by using financially lib- Mr. ROGERS. Mr. Speaker, today I would LONG TIME DEMOCRAT JOINS eral practices. No one leads a city to like to pay tribute to a dedicated public serv- REPUBLICAN RANKS $55,000,000 worth of capital improvements ant, a good citizen, and a man who is well-re- while finishing eleven (11) years of oper- spected throughout my home State of Ken- HON. BOB LIVINGSTON ations with a financial surplus by being prof- ligate with public money. tucky. OF LOUISIANA Clarence Dudley Noland, known to many as (3) I believe strongly in environmental pro- IN THE HOUSE OF REPRESENTATIVES tection. But, I do not believe that business ``C.D.'', the gentleman from Estill County, is a Tuesday, February 11, 1997 people ought to be, in effect, deprived of the man who has left his mark in Kentucky. As a use of their land because it holds a puddle of State legislator, an entrepreneur, a railroad Mr. LIVINGSTON. Mr. Speaker, on Decem- water for two weeks out of the year. I believe engineer, a farmer, and a 30-year member of ber 19, 1996, the mayor of Slidell, LA, the even less that local governments, struggling the Army National Guard, C.D. has touched Honorable Salvatore A. ``Sam'' Caruso, left the to keep their people from flooding, ought to the lives of many people throughout our State. Democratic party for the Republican Party. I have to obtain permission from the Federal As a Member of the Kentucky House of commend Mayor Caruso on his decision and Government to build the necessary struc- Representatives for 15 years, C.D. earned a welcome him to the Republican Party. tures on land where some exotic grasses are growing. I like plants, but like people more. reputation for being hard-working, fair-minded, Like other conservative Democrats, mayor And, it is my love for people that brings and rooted in good, old-fashioned common Caruso found it difficult to be a member of a me to the central reason for this change in sense. From the first day C.D. took his oath of party whose philosophy blatantly contradicted political parties. office in 1982, he set out to make a difference his own deeply held beliefs. I recommend that Before I expand upon that, I want to insert for the people he represented. my House colleagues take a moment and here a very personal note. I began this If you know anything about the Appalachian read Mayor Caruso's remarks. speech with a couple of humorous comments about Congressman Livingston. Now I want region of eastern Kentucky, you realize that SOME REFLECTIONS UPON THE OCCASION OF to tell you something that is very serious. CHANGING MY POLITICAL PARTY AFFILI- we have many challenges, but C.D. has tack- No one should ever change political parties ATION FROM THE DEMOCRATIC PARTY TO THE led those challenges with great success. He simply because of a personal friendship. And, REPUBLICAN PARTY has been instrumental in developing industrial over the years, I have resisted any tempta- parks, medical service heliports, sewer and (By Salvatore A. Caruso) tion to do that. The issue is simply too im- water improvements, and mobile dental clinics Thank you for coming here today. portant to be decided at that level. But, if for Appalachian children. He has fought for The fact that we have had sleet, and rain there are other matters that are compelling veterans programs, affordable housing, nurs- and snow here in south Louisiana over the or nearly compelling, then certainly it is past few days was merely what Congressman ing home facilities, and historic preservation honorable to allow personal considerations Livingston predicted would happen whenever to top-off the decision-making process. and conservation of Kentucky's lands and her- I would change political parties. Except that And, that is, in fact, happening in this itage. he predicted both events for July 32nd. case. As almost everyone knows by now, Bob C.D.'s dedication, diligence, and fairness Bob Livingston has been trying to per- Livingston and I were classmates at Our gained him the esteem of Governors, legisla- suade me to make this change for at least Lady of Lourdes Grammar School in New Or- tors, and public administrators alike. During ten (10) years now. In a desperate attempt leans. He has survived the publication of his tenure, he served as vice chairman on the about a year ago, he added one new reason. that fact until now, and I expect that he will Bob told me that I look more like an ele- powerful Appropriations and Revenue Commit- continue to manage after this. What yet may phant than a jackass. I was not sure if that be unclear is the extent to which Bob has tee. Other committees he served on include was a compliment or an insult. Although he been a friend to me and to the City which I the Legislative Research Commission, Rules added that if I became a Republican I could lead. Over all of these years and throughout Transportation, Program Review and Inves- ride the elephant into an unlimited political all of his success at the national level, he has tigations, Cities, and Natural Resources and future. I told him that if the elephant could never been any different in personal attitude Environment. He was a member of the Gov- fit on my shoulders I would do it. than he was when we were both boys. And, ernor's Task Force on Health Care and the A lot of people have a right to a serious ex- during all of that time no one could have Governor's Commission for Tax Reform where planation regarding this change in my Party been a better friend to a former classmate affiliation. his insights proved invaluable. His was also than Bob Livingston has been to me. No one Because I have been a Democrat for all of could have been a better friend to the City I actively involved in the executive committee of my life and because I have been correctly lead than Bob Livingston has been to the the Kentucky Republican Party, the American identified as a proponent of a few issues City of Slidell. Federal money that is at Legislative Exchange Council, and the Na- which some people call ‘‘liberal’’, there has work right now in the City of Slidell came tional and Southern Conferences of the State been an obscuring of the fact that upon sev- here largely through Bob Livingston. Fed- Legislators Association. eral other issues I have always been strongly eral money to control flooding, and for From 1991 to 1994, C.D. stepped into the conservative and correctly identified with which we have only recently become eligible, leadership of the general assembly, when he what might be called the Republican posi- will come to us almost solely because of Bob tion. was elected to serve as the house minority Livingston, if only we have the sense to take Let me give you three examples: it. caucus chairman. After serving two terms, he (1) There is currently a popularly used What all of us owe to my grammar school stepped aside so fellow legislators might share word to describe the divesting of power by classmate is more than I can cover in this the experience. the Federal Government from itself, and the speech. And, so, for now, in this setting, the C.D.'s departure from the general assembly passing of that power on to Stat and Local only thing more that needs to be said is: did not mean that he would hang up his hat. governments. The word is ‘‘devolution.’’ Thank you, Bob. Today, he is still doing what he can to improve For me, that is simply a newly popular Now, let me return to my comment about word to replace the more traditional word my love for people. the quality of life for the people of Kentucky. ‘‘subsidiarity.’’ Subsidiarity is a word and a I come from a family which always strug- He continues to share his time and talent as concept that have been available to us for a gled for a reasonable level of existence, a member of the board of directors of 21st very long time. The word has a proper place which was occasionally near the poverty Century, Inc; the Marcum Wallace Hospital in philosophy, economics, political science, level, and in which both parents died at age Board of Directors; the Estill County Chamber management and other areas of human en- fifty-three (53), and died bankrupt for the February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E203 crime of having cancer but no health insur- gion, we know that from the moment of con- tor opened the scissors up. Then he stuck the ance. ception, the fetus has its own full set of high powered suction tube into the hole and For the past twenty-four (24) years, as a li- chromosomes, an absolutely unique genetic sucked the baby’s brains out. Now the baby censed psychiatric social worker, I have pattern, and 100% of the material necessary was completely limp. I never went back to heard more than I ever expected to hear to develop into a fully grown human being. the clinic. But, I am still haunted by the face about the endless ways in which human suf- The mother, who has already provided fifty of that little boy. It was the most perfect, fering comes to people, about how they cope percent (50%) of the building materials, now angelic face I have ever seen.’’ or do not cope with that suffering, about also provides a site and nourishment for the Doctor Pamela E. Smith, Director of Medi- what kind of help they have needed from me, event. Nothing less but nothing more. cal Education, Department of Obstetrics and from others, and sometimes from the whole (2) ‘‘But, this is part of the mother’s body.’’ Gynecology, at Mount Sinai Hospital in Chi- community. By now, this is almost ludicrous. There is cago testified to a committee of the United No one needs to tell me about such things. enough biological information available even States Congress: I have lived them. I have heard them. I have, to the general public to expose the lie in this ‘‘There are absolutely no obstetrical situa- hopefully, helped people through them. claim. From the moment of conception, the tions encountered in this country which re- I love people. fetus is immunologically foreign to the quire a partially delivered human fetus to be But, within that love for people I have a mother. It may have a different blood type. dstroyed to preserve the life or health of the peculiar feeling and a peculiar notion. And, in about fifty percent (50%) of all cases mother.’’ I also love people who already exist but are it has a different gender than the mother. Doctor Harlan R. Giles, a ‘‘high-risk’’ ob- not yet born. How, by any standard, can this be a part of stetrician, gynecologist, and perinatologist Those people are called by different names: the mother? at the Medical College of Pennsylvania tissue, zygote, embryo, fetus, baby, human, (3) ‘‘But a woman has a right to control her agreed with her. So did Doctor C. Everett child of God. own reproduction.’’ Koop. I confess to another strange, peculiar no- Yes, she does. She has the right to abstain Now, on the other side, President Clinton tion. It is this: No one has the right to kill from sexual intercourse. She has the right to says that even partial birth abortion accept- another human being except to save his or engage in sexual intercourse and to use con- able. By now he has given at least three dif- her own life or the life of another innocent traception. ferent reasons for his veto of the bill passed human being. And, if I have not stretched But abortion is not contraception. It has by Congress to outlaw partial birth abortion. your patience too far already, please listen nothing to do with reproductive rights. It I will not give you those reasons because by to yet one more strange peculiar belief. I has to do with killing that which has already tomorrow they may be obsolete. also believe that the same nearly universally been reproduced. Upon an attempt to override the Presi- accepted rule which forbids such killing also No amount of euphemism will change that. dent’s veto, the necessary majority of the applies to our fellow human beings who al- Do we use the words ‘‘vaccine’’ and ‘‘anti- Congress voted to sustain the veto. Most of ready exist but are not yet born. biotic’’ interchangeably? If so, then let’s the votes to sustain were democratic votes. I think it is unacceptable and barbaric to begin to use the words ‘‘contraception’’ and I can no longer belong to a party which kill unborn babies. And, in an even more ret- ‘‘abortion’’ interchangeably. Until then, I says that this sort of absolutely needless rogressive concept, I hold that society has think the clarity of distinction could be barbarism is acceptable national policy. something to say about this, that the com- helpful. I read the newspapers, and late at night, I munity has something to say about this. I (4) ‘‘This is a religious issue and no one has watch CNN. I have read and heard the ru- deny and deny emphatically that this is a a right to impose his or her religious beliefs mors that the Republican Party is not per- purely private matter. on anyone else.’’ fect. I even suspect that those rumors might There are, indeed, issues and behaviors Indeed we have no such right! But, at its be true. But, I will tell you this: The Repub- that are or should be beyond the reach of the most common denominator, abortion in- lican Party has consistently stood up and society, the community, or the State. There volves not theology, but humanity. One does said that, except to save the life of the moth- are behaviors that are or should be purely not need to believe in God to be opposed to er, it is not O.K. to have a national policy of personal, private matters. These are behav- abortion. One needs only to believe in hu- killing our urborn babies. Most recently, as iors that, for the most part, involve only one manity. One needs only to believe that we do a Party, the Republicans have stood up and person or freely consenting adults. Gen- not kill each other except to save ourselves said that, ‘‘Well excuse us, but we do not erally, sexual preferences and practices are or another one of us. A creed is not needed to agree that it is alright to stab a baby in the or should be covered by a veil which excludes abhor abortion for convenience. back of her head, open a hole there, insert a everyone but the consenting adult partici- I never want to live in a community where vacuum cleaner, and suck out her brains.’’ pants. For example, a decision to use contra- a majority of Catholics can forbid the sale of It is without hesitation and without per- ception is or should be a purely personal contraceptives, or where a majority of Bap- sonal regret that today I leave the Demo- matter in which no outsider has a right to tists can forbid the sale of liquor, or where a cratic Party and join the Republican Party. interfere. There are other examples, in other majority of Jews can forbid the sale of pork. I know there are other important issues. I aspects of life, which carry and should carry But, it is a source of horror to live in a coun- have alluded to them in the beginning of this a sign saying: PRIVATE, NO ENTRY. try where any number of people can forbid speech. On some of those issues I may dis- But abortion is not one of them: Abortion protection to a group of innocent human agree with my new Republican colleagues. is different. Abortion involves two different beings targeted for killing. But, let me tell you this: Over my 18 years human beings—one of them is neither an In addition to the horrors generally associ- as a public official I have had far more suc- adult nor consenting. Abortion involves the ated with abortion, there has now been added cess in sensitizing Republican leaders to var- killing of one human being by another with to the lexicon a phrase that should go down ious human needs than I have had in sen- or without accomplices. Where else in this in history along side the terms ‘‘The Inquisi- sitizing Democratic leaders to the moral culture do we say that such behavior is a tion’’, ‘‘The Witch Burnings’’, ‘‘The Camps’’, outrage of abortion. purely private matter? Where else do we say ‘‘The Ovens’’, ‘‘The Holocaust’’, and ‘‘The Let me tell you something else. This issue that in such circumstances the society, the Final Solution.’’ That phrase is ‘‘Partial of abortion is no ordinary issue. It cannot be community, and the State itself have no Birth Abortion.’’ put into line with any number of issues on rights at all? No where. This phrase refers to an absolutely bar- one side and weighed against all of the issues It is obvious, of course, that the cir- baric act in which an abortion is performed on the other side. No. This issue is different cumstances of pregnancy are unique. But in late in the second trimester and through the in kind. This issue is the slavery issue of the western civilization we purport to value life entire third trimester of a woman’s preg- Twentieth Century. No moral person could more than any of the conditions of life. But, nancy. have decided for or against the Civil War on not if it is an unborn life. In that cir- In September, 1993, a pro-choice nurse, the basis of the exportation of cotton, or cumstance, any condition at all is held to be Brenda Pratt Shafer, witnessed her first par- upon the cultural differences between the good enough, heavy enough, to outweigh tial birth abortion. North and the South. No. All that mattered. even the basic right to life itself. Here is her description of what she saw: But there was one issue that riveted the at- I suggest to you that this is insane, that ‘‘I stood at the doctor’s side and watched tention of the nation, one issue that we are a nation that has lost our collective him perform a partial birth abortion on a screamed for moral judgment, one issue that mind over this issue. woman who was six months pregnant. The finally called for the ‘‘terrible swift sword.’’ And, even some people who are pro-choice baby’s heartbeat was clearly visible on the That issue was human slavery. Today that seem to know this. There seems to be a psy- ultrasound screen. The doctor delivered the issue is human life itself. chological need for denial, for euphemism, baby’s body and arms, everything but his lit- Although it would be untrue, accuse me if for semantics, and for general self-deception tle head. The baby’s body was moving. His you will of deciding this on the basis of one in order to make the psyche accept that little fingers were clasping together. He was issue. I stand then with Abraham Lincoln. I which it could otherwise not accept. kicking his feet. The doctor took a pair of stand with William Lloyd Garrison. I stand Listen to a few examples: scissors and inserted them into the back of with all of the abolitionists from both cen- (1) ‘‘The fetus is not human.’’ the baby’s head, and the baby’s arms jerked turies, and on both issues. By now, this is hardly worth the effort to out in a flinch, a startle reaction, like a baby I want to close this speech with a different refute it. On the basis of science, not reli- does when he thinks he might fall. The doc- kind of thought. For years now I have said E204 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 that opposition to abortion should not be The aging process is a natural process by good of West Paterson. The West Paterson based primarily upon religious beliefs. But which distilled spirits products derive their in- Municipal Alliance became a model for the certainly once we have established our oppo- herent characteristics, including color, taste, rest of Passaic County as a result of Mayor sition upon broader grounds, we need not be embarrassed to add to those grounds our own and aroma. Altering this aging process by im- Capano's dedication to efficiency. Mayor religious considerations. posing emission control technology on aging Capano advanced his belief in efficient and re- All of us in this room, Christian and non- warehouses could inflict an unreasonable ad- sponsible government by transforming the po- Christian, all of us who believe in God at all, verse effect on the maturation process for lice department and the Department of Public have got to also believe that that God is still these products and thereby jeopardize the de- Works; this transformation greatly improved howling across the centuries: ‘‘Where is your sired quality and uniqueness of each distilled their ability to respond to the needs of the brother...? What have you done? Listen! Your spirits brand. people of West Paterson. brother’s blood is crying out to me from the Imposition of Clean Air Act emissions con- All who know Mayor Capano are honored ground.’’ Genesis 4:10–11 trols on aging warehouses would create sig- by his service to the borough of West Where are our brothers? Where are our sis- ters? Gone into the bucket. Gone into the nificant costs on both the industry and the Paterson. I know that Mayor Capano's wife ground. Victims of the idolatry of absolute Government. First, for the industry, distillers Donna and children Gina, Sarah, Matthew, free choice. Victims of the idolatry of unlim- would risk jeopardizing the quality of their and Rebecca are as proud of his accomplish- ited ambition for public office. products by installing pollution control tech- ments as we all are. Matthew Capano's serv- Allow me, please, to reflect my own Catho- nology of uncertain effect on aging ware- ice has been remarkable, and I congratulate lic Christianity. The Second Vatican Council houses. and thank him on behalf of all the citizens of closed on December 8, 1965. That was 8 years Second, for the Government, tax revenue New Jersey. before Roe v. Wade in this country. Even would be threatened by any action which sig- f without that stimulus, the Council Fathers addressed abortion directly. They said: nificantly impacts product quality and product sales. Distilled spirits are the highest taxed LEGISLATION TO EXTEND MANDA- ‘‘From the moment of conception, life TORY COVERAGE OF THE INDE- must be guarded with the greatest of care, consumer product in the United States and a while abortion and infanticide are unspeak- major source of revenue for Federal, State, PENDENT COUNSEL LAW TO JUS- able crimes.’’ and local governments. TICE DEPARTMENT EMPLOYEES On March 25, 1995, in his Encyclical, Since December 1992, the industry has ‘‘Evangelium Vitae,’’ (The Gospel of Life), tried time and time again to get a definitive an- HON. JAMES A. TRAFICANT, JR. Pope John Paul II said: swer from either the EPA or the State govern- OF OHIO ‘‘I declare that direct abortion, that is, abortion willed as an end or as a means, al- ments involved on the question of whether IN THE HOUSE OF REPRESENTATIVES ways constitutes a grave moral disorder, such controls are required by the 1990 Tuesday, February 11, 1997 since it is the deliberate killing of an inno- amendments. While both the Indiana and Ken- cent human being.’’ tucky General Assemblies have passed reso- Mr. TRAFICANT. Mr. Speaker, today I am And now in closing I want to return to our lutions urging EPA not to regulate beverage introducing legislation to require the U.S. At- common Christian heritage. By happy coin- alcohol compounds emitted from aging ware- torney General to call for the appointment of cidence or by the grace of God, this event is houses, EPA has still not provided a definitive an independent counsel to investigate allega- occurring just five days before Christmas. response. tions that Justice Department employees en- My own favorite Christmas story is one gaged in misconduct, criminal activity, corrup- that is, comparatively, unfamiliar. The change I am proposing is only for those emissions coming from aging warehouses and tion, or fraud. The bill is similar to legislation It begins in the mind of God before all of I authored in the 103d and 104th Congress. the millennia. St. John the Evangelist brings does not exclude any other portions of the dis- it to us in some of the most majestic lan- tilled spirits production process from Clean Air The independent counsel provisions of the guage in the history of Christianity. I first Act requirements. Ethics in Government Act of 1978 require the came to love it when our Church recited it in f Attorney General to conduct a preliminary in- Latin at the end of every Mass. And, if you vestigation when presented with credible infor- will indulge my love for the sheer beauty of TRIBUTE TO MAYOR MATTHEW mation of criminal wrongdoing by high ranking the language, I will repeat a part of it here CAPANO executive branch official. If the Attorney Gen- for you, first in those sounds that I once so eral finds that further investigation is war- loved to hear. ranted or makes no finding within 90-days, the St. John closes the Prologue in this Gospel HON. ROBERT E. ANDREWS with these words: OF NEW JERSEY act requires the Attorney General to apply to a special division of the U.S. Court of Appeals And the Word was made flesh IN THE HOUSE OF REPRESENTATIVES for the appointment of an independent coun- and dwelt among us; Tuesday, February 11, 1997 and we saw His glory, sel. The act also gives the Attorney General the glory of the only begotten of the Father Mr. ANDREWS. Mr. Speaker, I rise today to broad discretion in seeking the appointment of full of grace and of truth. honor an individual who has given of himself independent counsel with regard to individuals —John 1:1–14. to make his borough a better place to live. I other than high ranking executive branch offi- Maranatha. And Merry Christmas. am speaking of Matthew Capano, former cials. However, the Attorney General is not re- f mayor of the borough of West Paterson. quired to do so in such cases. Matthew Capano's dedication to West My bill amends the act to treat allegations of INTRODUCTION OF LEGISLATION Paterson and his fellow citizens is exemplary. misconduct, corruption or fraud on the part of Mayor Capano is a lifelong resident of West Justice Department employees in the same HON. LEE H. HAMILTON Paterson. The mayor has demonstrated his manner as allegations made against high OF INDIANA dedication to West Paterson through his long ranking cabinet officials. My goal is to ensure IN THE HOUSE OF REPRESENTATIVES service to the West Paterson Democrat Club, that, when there is credible evidence of crimi- including serving the club as president. Mayor nal wrongdoing in such cases, these cases Tuesday, February 11, 1997 Capano served his borough as a council are aggressively and objectively investigated. Mr. HAMILTON. Mr. Speaker, I am pleased member for the borough from 1987 until 1992. I am very concerned over the growing num- to introduce legislation today to clarify that the Matthew Capano took this worthy dedication ber of cases in which Justice Department em- 1990 Clean Air Act Amendments do not re- to service even further during his term as ployees have been accused of misconduct, quire pollution controls for beverage alcohol mayor from January 1, 1994, to December 31, corruption or fraud. In several cases I have compounds emitted from aging warehouses. 1996. personally investigated, innocent men fell vic- To meet the strictures of the 1990 amend- As mayor, Matthew Capano conducted him- tim to overzealous or corrupt Federal prosecu- ments to the Clean Air Act, installation of pol- self with a single goal, embodied in his motto: tors. No action has ever been taken against lution controls may be required for beverage ``West Paterson first!'' Mayor Capano had a the prosecutors. alcoholÐethanolÐemissions from distilled number of impressive achievements during his The 1992 Randy Weaver incident that took spirits aging warehouses despite the facts that term as mayor. Mayor Capano brought finan- place in Ruby Ridge, ID is perhaps the most the EPA recognized that such controls could cial stability to West Paterson by refusing to notorious and disturbing example of Justice adversely affect product quality and that etha- increase municipal taxes. He united all bor- Department employees, in this case, high nol emissions do not contribute significantly to ough departments, organization, and residents ranking officials, acting in a questionable man- ozone formation. into the single goal of working together for the ner, and receiving no punishment other than February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E205 disciplinary action. In the Randy Weaver case, ceptable. The Federal Government needs to I applaud my colleague CHRISTOPHER SHAYS an unarmed woman holding her infant child act in an unambiguous and aggressive man- for taking the lead of this lifesaving legislation was shot to death by an FBI sharpshooter act- ner against any Federal prosecutor or official and I am pleased to join him today in introduc- ing on orders from superiors. Former FBI Dep- who betrays the public trust in such a blatant ing this bill, and I urge all my colleagues to uty Director Larry Potts allegedly approved the and damaging fashion. Sadly, that was not join us in supporting the Airplane Emergency decision to change the rules of engagement done in the El Rukun case, and countless Locator Act. the FBI sharpshooters and other Federal offi- other cases where Justice Department officials f cials at Ruby Ridge were acting on. The deci- acted in an unethical or illegal manner. TRIBUTE TO TOM STAPLETON sion allowed FBI sharpshooters to shoot on The American people expect that the Jus- sight any armed adultsÐwhether they posed tice DepartmentÐmore than any other Federal an immediate threat or not. As a result of this agencyÐconduct its business with the highest HON. VIC FAZIO decision, Vicki Weaver was shot to death level of ethics and integrity. It is imperative OF CALIFORNIA while holding her infant daughter. that the Independent Counsel Act be amended IN THE HOUSE OF REPRESENTATIVES While several officials, including Mr. Potts, to require that allegations of criminal mis- Tuesday, February 11, 1997 were disciplinedÐsome forced to leave the conduct on the part of Justice Department em- Mr. FAZIO of California. Mr. Speaker, after departmentÐno criminal charges were ever ployees be treated with the same seriousness 50 years of service and leadership in the Inter- filed against any of the officials involved in the as allegations made against high ranking cabi- national Union of Operating Engineers Local Ruby Ridge incident. I would point out that at net officials. I urge all of my colleagues to sup- 3, T.J. (``Tom'') Stapleton is being honored by the outset of the incident a 14-year old boy port this bill, the text or which is as follows: his friends and peers. was shot in the back by U.S. Marshals. Last H.R. — Tom Stapleton was first elected in 1982 as August, the Federal Government agreed to Be it enacted by the Senate and House of Rep- business manager and chief presiding officer pay the Weaver family more than $2 millionÐ resentatives of the United States of America in of Local 3 of the Operating Engineers. Based but did not admit any wrongdoing in the inci- Congress assembled, in Alameda, CA, Local 3 represents 35,000 dent. The Ruby Ridge incident served as a SECTION 1. ADDITIONAL AUTHORITY FOR AP- members in northern California, northern Ne- stark reminder that the Justice Department POINTMENT OF INDEPENDENT vada, UT, and HawaiiÐthe largest construc- does not do a very good job of objectively and COUNSEL. Section 592(c) of title 28, United States tion local union in the country. Tom took the aggressively investigating potential criminal Code, is amended by striking ‘‘or’’ at the end helm of the union and guided it safely through acts or misconduct on the part of Justice De- of subparagraph (A), by striking the period the most turbulent economic times in the his- partment employees. This is especially true of at the end of subparagraph (B) and inserting tory of the construction industry. actions involving Justice Department attor- ‘‘; or’’, and by adding after subparagraph (B) A visionary in every sense of the word, Tom neys. the following: understood the importance of strengthening In 1990, a congressional inquiry uncovered ‘‘(C) the Attorney General, upon comple- the bridges between unions and employers for the fact that no disciplinary action was taken tion of a preliminary examination under this the benefit of the men and women of the con- on 10 specific cases investigated by the Jus- chapter, determines that there are reason- struction industry. When medical costs were able grounds to believe that— tice Department's Office of Professional Re- ‘‘(i) employees of the Department of Jus- escalating out of control for construction work- sponsibility [OPR] in which Federal judges has tice have engaged in misconduct, criminal ers, he brought unions and employers to- made written findings of prosecutorial mis- activity, corruption, or fraud, and gether to build a vast network of contract conduct on the part of Federal prosecutors. ‘‘(ii) further investigation is warranted.’’. health care providers. This network, the Basic Several Federal judges have expressed deep f Crafts Health Care Coalition, has brought concern over the lack of supervision and con- health care costs back under control. trol over Federal prosecutors. In 1993, 3 Fed- INTRODUCTION OF LEGISLATION It can be said that Tom Stapleton never eral judges in Chicago reversed the conviction TO REQUIRE THE INSTALLATION picked a fight, but he never backed away from of 13 members of the El Rukn street gang on OF EMERGENCY LOCATOR one, either. Tom organized a grassroots pro- conspiracy and racketeering charges after TRANSMITTERS ON AIRCRAFT gram that mobilized thousands of workers learning that assistant U.S. attorneys had when the prevailing wage laws that provides given informants alcohol, drugs and sex in HON. BARBARA B. KENNELLY stability to the construction industry were Federal offices in exchange for cooperation, OF CONNECTICUT threatened. He also spearheaded the Founda- and had knowingly used perjured testimony. IN THE HOUSE OF REPRESENTATIVES tion for Fair Contracting, a program which monitors the illegal construction industry and No criminal charges have ever been made Tuesday, February 11, 1997 against the Federal prosecutors nor has OPR provides evidence against unscrupulous con- taken any meaningful disciplinary action, other Mrs. KENNELLY. Mr. Speaker, I am tractors who cheat their employees out of than firing one U.S. attorney. pleased to rise today to introduce the Airplane wages and benefits. Unfortunately for our democracy, over the Emergency Locator Act with Mr. SHAYS. This Tom has earned the admiration and respect years the Justice Department has built a wall important legislation would require the installa- from those in the highest levels of govern- of immunity around its attorneys so that it is tion of emergency locator transmitters in small ment, the labor movement, and the business extremely difficult to control the actions of an aircraft to save lives. Unfortunately, current community for his leadership and genuine overzealous or corrupt prosecutor. In many in- law exempts many types of small planes, in- care for the well-being of those who make stances, the Attorney General has filed ethics cluding Lear jets from the requirement to in- construction their livelihood. complaints with State bar authorities against stall these lifesaving devices. Mr. Speaker, I would like to take this oppor- nongovernmental lawyers who complain about This past Christmas Eve, two Connecticut tunity to extend our heartfelt congratulations ethics lapses by Federal prosecutors. How residents piloting a plane to New Hampshire upon the retirement of Tom Stapleton. I know has Congress let this agency get so out of crashed near the Lebanon Municipal Airport. Tom will be just as successful in his future en- control? An extensive search in cooperation with the deavors as he was at Local 3. The majority of Justice Department officials Federal Government and six States including f are hardworking, courageous and dedicated Connecticut was unsuccessful in locating the TRIBUTE TO NELDA BARTON- public servants. The unethical and criminal ac- plane or any survivors. This plane did not COLLINGS tions of a few officials and attorneys are tar- have an emergency locator device, which nishing the reputation of the department. By could have made a difference in saving the lives of these two men. HON. HAROLD ROGERS allowing these actions to go unpunished or by OF KENTUCKY Timing is such a critical element in rescue not taking aggressive action in the form of IN THE HOUSE OF REPRESENTATIVES criminal indictments, the department is eroding operations. Providing additional tools for the public's confidence in government. search and rescue teams to locate plane Tuesday, February 11, 1997 As the El Rukn case illustrated, in their zeal crashes more quickly can mean the difference Mr. ROGERS. Mr. Speaker, during our life- to gain a conviction, Federal prosecutors over- between life and death. It is unfortunate that times, we each have an opportunity to make stepped the boundaries of the ethical and tragedy prompted the introduction of this legis- our mark in this world. Some of us meet this legal behavior. As a result, dangerous crimi- lation. But it is my hope that this event will challenge with tremendous gusto and commit- nals were either set free or received greatly force the necessary changes to aid future res- ment, and today I want to pay tribute to an reduced sentences. Such actions are unac- cue efforts and save lives. outstanding woman who has done just that. E206 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 Nelda Barton-Collings is a 40-year resident to serve as an inspiration to the men and ing the staff of 42 court reporters, plus two of Corbin (Whitley County) in Kentucky's 5th women of our State. administrative staff. He services 33 judges of the court of common pleas; provides answers Congressional District, which I represent. f to persons who may have questions relating Nelda is more than a constituent. She is a to the court reporters; as well as provide an- friend, a certified medical technologist, a li- SALUTING THE CUYAHOGA COUN- TY BAR FOUNDATION AND BAR swers for the general overall supervision of censed nursing home administrator, a suc- the entire court reporting department and cessful business entrepreneur, a political activ- ASSOCIATION PUBLIC SERVANTS staff. ist, a mother, a grandmother, a great-grand- MERIT AWARD RECIPIENTS A native of Mansfield, OH, Charles also en- mother, and an inspiration to thousands of listed in the U.S. Army in 1962 and was deco- people in my home State of Kentucky. HON. LOUIS STOKES rated with the ‘‘Good Conduct Award’’ and When President Dwight D. Eisenhower said the ‘‘Distinguished Service Award’’ before OF OHIO being discharged in 1965. Charles lists his that politics should be a part-time profession IN THE HOUSE OF REPRESENTATIVES outstanding accomplishments as being elect- for every citizen who wants to protect the Tuesday, February 11, 1997 ed president of the Ohio Court Reporters in rights and privileges of free people and wants both 1978 and 1979 and receiving an award of to preserve what is good in our national herit- Mr. STOKES. Mr. Speaker, I rise today to being a fellow of the national court reporters age, he must have been thinking of Nelda salute eight outstanding individuals who will be Assoc. He was also an Eagle Scout and a Barton-Collings. honored later this week at a special ceremony. troop leader in the Boy Scouts of America, Nelda first ventured into politics during the On February 14, 1997, the Cuyahoga County Mansfield, OH. late 1950's when her brother-in-law ran for tax Bar Foundation and the Cuyahoga County Bar For relaxation Charles enjoys fishing, boating and camping. He says he also likes commissioner of Whitley County. Since then, Association will host the 51st Public Servants to go to auctions to find that ‘‘good buy’’ of she has emerged as an effective leader in the Merit Awards Luncheon. At the luncheon, the an antique. Kentucky GOP, a committed representative for honorees will receive the Franklin A. Polk Michael E. Flanagan, St. Edward’s and our State, and a prominent national figure. Public Servants Merit Award. The individuals Cleveland State undergraduate, Michael Ed- She served as Kentucky's Republican National to be honored are: Delores Bell; Charles T. ward Flanagan comes to his position as chief Committeewoman for nearly 29 yearsÐlonger Birmelin; Michael Flanagan; Deborah deputy bailiff of Cleveland Municipal Court than any of the RNC's other membersÐand Fleischer; John P. Garmone; Rosanne based on a long family commitment to pub- during the last four years she had the honor lic service. His father was Chief Bailiff from O'Brien; Fred W. Papay; and Maryellen 1948 to 1984 and his grandfather served in the of serving as the RNC's national secretary. Reddy. Cleveland police department from 1921 to She was also the first woman from Kentucky The Public Servants Merit Award is named 1951. Michael’s current responsibilities in the to give a major address during a Republican in honor of a distinguished lawyer, the late administrative services department include National Convention (1980). Franklin A. Polk. During his career, attorney being a project leader to review current But, Nelda is more than a woman involved Polk was committed to recognizing the con- court programs to improve and modernize in Republican politics. She is an accomplished tributions of public servants. He also chaired them. Since 1988, he has also been respon- businesswoman, and she has a long history of the annual awards luncheon for 40 years. sible for the design and implementation of being very involved in her community. In 1990 the court’s computerization [CIJIS]. He also Mr. Speaker, I take great pride in saluting has participated in ‘‘Bailiff Basic Training’’ she was elected the first woman chairman of the 1997 Public Servants Merit Award recipi- through the Ohio Peace Officer Training the board for the Kentucky Chamber of Com- ents. Each of the individuals is more than de- Council as well. merce. From 1990±92 she sat on the National serving of this level of recognition. At this time, Michael is equally committed to his family Advisory Council to the Small Business Ad- I want to share with my colleagues and the and his community. The father of Colleen, ministration. She was appointed by President Nation some information regarding the Kevin, Kathleen, and Megan, and husband for Reagan to the Federal Council on Aging and honorees. 18 years to Maureen, Michael devotes his time to St. Christopher Catholic Church, by President George Bush to the President's Delores A. Bell, as an employee of the Council on Rural America. Ohio Association of Court Administrators, Cleveland Municipal Clerk of Courts since Normandy Nursing Home, Rocky River Mu- The many awards and honors she has re- 1972, Delores holds the title of deputy clerk. nicipal Court Security Advisory Committee, ceived over the years speak volumes regard- She is responsible for maintaining a safe and and still finds them to coach girls softball ing her concern for and investment in Ken- secure office, sorting capias from the pre- among other activities. tucky. She was recognized in 1992 by the vious day, initial processing of tickets from In his ‘‘free’’ time he enjoys traveling, hik- Kentucky Association of Health Care Facilities the division of building and housing as well ing, canoeing, and family camping. He loves as the Department of Health and the City In- spending time working on his home com- when they established the Nelda Barton Com- come Tax Dept. munity Service Award in her honor. October puter which translates into better service to During the late 1960’s through the early the Court. 22, 1973, was proclaimed Nelda Barton Day 1970’s, Delores worked inside the voting Deborah Jean Fleischer, Deborah Jean by the mayor of Corbin. Additionally, she has booth on each election day. Fleischer has spent the last 27 years of her received the Kentucky Medical Association's Married to John for nearly 35 years, she is life working for the Cuyahoga County Pro- Outstanding Layperson Award (1992); Cum- the mother of three grown children, Monte, bate Court. At the age of 19, she assumed her berland College's Medal of Honor (1988); the Sonnita and Tyronn. She states that her first position with probate court in the dock- Kentucky Business and Professional Women's most outstanding accomplishment has been et department. Ten years later she trans- to raise her three children and be the very ferred to the order department where she Kentucky Woman of Achievement Award best mother possible. She is also proud of the (1982±1983); Kentucky Federation Republican would eventually become supervisor in 1987. fact that one child has earned two college de- Prior to this position, Debarah worked part- Woman of the year (1968); the Tri-County grees and the other two will soon earn their time in a gift shop at Cleveland Hopkins Woman of Achievement (1982); the Dwight degrees as well. Delores states, ‘‘If I could International Airport while still attending David Eisenhower Award (1970); and I could live my life over, there are a few things I high school. go on and on. would do differently, but I would not change Her duties at the court include: Certifying Although there is no one I know of that has my walk with the eternal deity. It is best to court documents; preparing court records for devoted more time and attention to Repub- give your children all of the time you can filing in the Court of Appeals; doing genea- lican activities than Melda, she has always when they are young’’. logical research; and assisting the general Her activities include walking miles public when necessary. been very well-respected by people of all polit- around the track in the spring, summer and Deborah has always been involved with her ical persuasions. Her number one priority has fall. For relaxation she enjoys traveling, community. She was a volunteer for the been bringing people together and pursuing going to the movies and meditating. project learn organization which helped ideals that will make our Nation strong. Her Charles T. Birmelin, a 1961 graduate of the teach illiterate adults to read. She volun- politics have always been marked by her con- Stenotype Institute of Washington, DC, teers through her church to help deliver food cern for those around her. She has made her Charles T. Birmelin began his career in the to local shelters, and she is also a very mark in Kentucky with a touch of class and an field of court reporting with Mehler and strong animal rights advocate, being in- abundance of style. Hagestrom as a free-lance reporter for 5 volved in the Berea Animal Rescue Center. years. In 1970 he came to work for the Cuya- In her spare time, she loves traveling and I want to thank Nelda for all her hard work hoga County Court of Common Pleas taking has visited many European locales including over the years on behalf of Kentuckians. While the position of assistant official court re- Italy, Austria, Zurich, and Switzerland. she will be greatly missed as Kentucky's rep- porter. By 1979, Charles has assumed the very Traveling isn’t the only thing she loves to resentative on the Republican National Com- demanding position of chief official court re- do; she has a love of animals for which her mittee, I have no doubt that she will continue porter. His responsibilities include oversee- neighbors can attest. She can often be seen February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E207 picking up stray animals and taking them County domestic relations court for over 20 consensus, yet we are failing to exploit it, home for care. years, Maryellen Reddy has a wide range of and opportunities are being lost every day. John P. Garmone, as clerk of court for the job responsibilities. Her position requires her Anti-immigrant feeling has never been Lyndhurst Municipal Court, John Garmone to review all journal entries prior to any higher in the postwar period. The vicious po- is responsible for the preparation and main- hearings or the judges’ signature. She also litical infighting has already resumed on tenance of the docket, general index and makes sure that all documents required by Capitol Hill. Concern for others is down. The other court records. He is also responsible the State or local rules are attached to all publishing sensation of the country in recent for collecting all monies payable to the entries. She monitors all contempt of court years has been a study of white and black clerk’s office including fines, court costs and cases with the court’s orders for compliance education performance, with the subliminal fees, bail, garnishments, bank attachments with the court community service. message one of resignation. Why continue ef- and trusteeships. In addition to signing and Maryellen has been active in the political forts to lift others out of their current state issuing arrest warrants, John also supervises arena as well as being an executive board if those you want to help are predisposed to a staff of seven full-time deputy clerks and committee member of the Democratic Pre- remain there? Why try to help others catch two part-time deputy clerks. cinct, Ward 19. up, when studies show that they never will? After graduating in 1974 from Cleveland An avid Cleveland sports fan, Maryellen is The country is increasingly skeptical and State with a bachelor of science degree, John proud of the fact that she has been an eight- cynical. Few believe that government can immediately took a position with the munic- een year season ticket holder in the ‘‘Dawg work. And if it can’t work at home, how can ipal court in Cleveland as chief deputy clerk. Pound’’. She also enjoys Cleveland baseball, it possibly work abroad in cultures we John also was a bail investigator with the having season tickets for the Cleveland Indi- scarcely comprehend? If we cannot construct Cuyahoga County Bail Commissions inter- ans. In her leisure time, Maryellen enjoys sensible development programs for south- viewing and recruiting county prisoners for spending time with her family and cuddling central Los Angeles, how can we possibly ex- probationary diversion programs. up to a good book. pect to develop them for Haiti? John lists his being a past president of f AMERICANS ARE GROWING FEARFUL Northeastern Ohio Municipal Court Clerks We are facing, in other words, a new pes- Association in 1993 as one of his outstanding OPPORTUNITIES BEING LOST simism that threatens all sound programs accomplishments. for change and reform. Much of this new pes- Married to Kathleen for nearly 3 years, he simism toward the developing world rests on enjoys music and the theater and trying ‘‘to HON. BILL RICHARDSON a dark vision of the future . .. keep his wife in the style of living to which OF NEW MEXICO [But] the World Bank forecasts that over she has become accustomed.’’ John also IN THE HOUSE OF REPRESENTATIVES the next 10 years, developing countries, in- states that, ‘‘Trying to treat everyone as I cluding the former Soviet bloc, will grow by would appreciate whether they are the pub- Tuesday, February 11, 1997 nearly 5 percent a year, compared with a lic, coworkers, whomever and keep a sense of Mr. RICHARDSON. Mr. Speaker, I want to rate of 2.7 percent in the rich industrial humor while doing it’’. John describes a typ- bring to my colleagues' attention the following North. In other words, the Third World is going to be the growth engine of the world ical day as, ‘‘Everyday is a Joke! And I editorial by my good friend Charles William would not have it any other way’’. economy in the coming decade. Rosanne M. O’Brien, born in Washington Maynes. Charles is retiring from his position In addition, the share of the developing Island, WI, Rosanne O’Brien took a position as editor of Foreign Policy, the magazine of countries of the world economy is already with Cuyahoga County Juvenile Court in her the Carnegie Endowment for International much greater than common discourse allows. senior year of high school as part of a career Peace. If output is measured on the basis of pur- class. While holding a number of positions I laud Charles for his thoughts in this edi- chasing-power parities, then the developing such as general clerk, numbering clerk, torial. He clearly outlines the need for the po- countries and the former Soviet bloc already docketing clerk, and senior clerk typist account for 44 percent of the world’s output. litical will to aid the developing world, both If the World Bank’s estimates turn out to be since 1972. Her current position, assistant overseas and here in the United States. He courtroom coordinator, is her most challeng- right, by the year 2020, these countries will ing yet. She is responsible for scheduling and makes the case for aid in international devel- have 60 percent of the world’s global output. reviewing cases prior to court and must opment as a tool to achieve our national inter- What is the explanation for this deep pes- speak with probation officers, attorneys, and est of peacefully coexisting constitutional de- simism that pervades American thinking? clients to assure a smooth hearing in the mocracies. We have to look for the answer not in courtroom. With such a diversified back- Charles is not unaware of the challenges facts, but in politics. What we are witnessing ground, it is no wonder she has been nomi- is the collapse of a powerful governmental facing the disbursement of international aid. paradigm, which governed our affairs for nated for employee of the year five times. He presents several concrete ideas for reform- Rosanne is also very committed to her much of the post-World War Two period. community, being a campaign volunteer for ing the way in which aid reaches developing After the great war, in part because of the the American Cancer Society, American economies. The international economic sys- genuine and heroic accomplishments of that Heart Association, American Lung Associa- tem that is the rubic under which aid is now struggle, in which everyone played a role tion, Easter Seals and United Way. On the being administered demands changes in the from the president to the private to Rosie political side, she is also an elected precinct way development aid is collected and distrib- the Riveter, there was a widespread belief committee member and Chairperson for uted. that government could work. Men and membership and attendance with the Lake- women could band together to accomplish As the Congress debates the level of inter- high and noble goals. After all, they had al- wood Democratic Club. national aid the United States should contrib- Rosanne and her husband, James, have en- ready done it. joyed over 18 years of marriage. Her two ute, I hope my colleagues will familiarize LOSS OF FAITH IN GOVERNMENT golden retrievers, Sandy and Dusty, keep her themselves with the following article, and the In all of our political cultures, the domi- busy when she’s not bowling or doing needle rest of Charles William Maynes' work. nant ideology became a disguised form of so- crafts. [From the Washington Times, Jan. 20, 1997] cial democracy, which rested on the belief Fred W. Papay, born in Cleveland, Fred. W. OPPORTUNITIES BEING LOST that governments, if well-organized and Papay graduated from West Technical High properly funded, could change societies for (By Charles William Maynes) School. He began his work with the Cuya- the better. hoga County Clerk of Courts at the age of 24 Charles Williams Maynes is retiring as edi- Even conservatives, with the evidence of in 1971. Nominated by Gerald E. Fuerst, tor of Foreign Policy, the magazine pub- the war effort so near, were hard pressed to clerk of courts for Cuyahoga County, Fred lished by the Carnegie Endowment for Inter- reject this vision. And if the war memory did W. Papay is chief filing clerk. His respon- national Peace. Its editor since 1980, he de- not persuade them, then they were converted sibilities include overseeing all of the filing livered a farewell address in Washington to a because they feared that unless their society for both civil and divorce cases, and all sub- closing session Jan. 15 of the International had answers for searing social and economic sequent pleadings in those cases. Development Conference, which is attended problems, the masses might be drawn to A sergeant with the U.S. Air Force for 3 annually by more than 1,000 analysts, dip- communism, which did promise answers. years, Fred is a Vietnam war veteran. After lomats, businessmen and politicians involved Much of the international development ef- serving his country, he remained on inactive with development work in the Third World. fort rested on that ideology of social democ- duty for another 2 years. The following are excerpts from his address, racy, which has now collapsed. It was be- When Fred is not busy at work filing court which sets out his view of the world in the lieved that if the New Deal could work at documents, he enjoys sports. Fred is also an years head: home, it could work abroad. The problem avid collector of any type of sports memora- We are in one of the most plastic periods in was simply to find the money. bilia. He says that in addition to his fascina- modern history. It is rate in history for all of Now communism has gone as an ideologi- tion with sports, he loves to collect elephant the great powers to be essentially at peace cal challenge. But more important, also gone statues. with one another and for all of them to ac- is our belief that we know what works. The Maryellen Reddy, as a journal clerk/court cept one another’s international legitimacy. result is a collapse in American leadership in community service liaison in Cuyahoga In this remarkable moment, we have such a the development field. E208 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997

U.S. DEVELOPMENT EFFORT FALTERS there may not be much for them in their own recognize that we are unlikely to be able to American aid levels have plummeted. In lifetime. reverse such attitudes in the near future. the 1950s and 1960s, America pioneered the In the field of democracy, we also need a There is little hope in trying to increase the concept of development assistance. Its con- new approach. At least at the governmental aid budget under current conditions. We need tributions led all others. Today, America level, we have adopted a cookie-cutter ap- a new paradigm. ranks at the bottom of the [Organization for proach to democratic development. There We should begin to explore ways of asking those who benefit from the management of Economic Cooperation and Development] has been too much emphasis on elections and the global commons to help pay for its up- countries in terms of [aid]. not enough on institutions. Yet, the essence keep. This is probably going to involve some A growing percentage of our aid is con- of democracy is the web of institutions that together bring us the role of law, rather than taxation on international activities, but for centrated in the Middle East and southern reasons of accountability, if such taxes are Africa, both regions that enjoy high aid lev- the whim of leaders. In the case of Russia, the U.S. made a seri- established, their management must be sub- els, for political reasons. ... ject to the control of national legislatures. The Overseas Development Council esti- ous mistake in backing [President Boris Yeltsin] so unconditionally in his struggle We must begin to wean some of the coun- mates that no more than 17 percent of U.S. tries that view U.S. aid as an entitlement. bilateral aid now goes for development. And with the Duma. We should have pressed him to reach a compromise with its members, The Middle East countries should be given a multilateral aid has also been infected with period over which U.S. aid to them would be the political virus. The United States and who now look moderate compared to those who replaced them. Democracy is not at- significantly reduced and would be chan- other donors have pressed the World Bank to neled into programs for regional develop- tained through sudden conversion, but make loans to the former communist coun- ment and global problems. through patient development efforts taking tries that, under former criteria, would We need gun control abroad just as much years. never have been allowed. as we need gun control at home. The position We must also understand that in many The cause of human rights has also suf- of the major supplier countries is an intel- ethnically divided societies, the American fered severe setbacks as a result of the new lectual and policy scandal. The U.S. and its form of democracy poses a great threat to cynicism. When President Clinton an- allies are the most culpable. The U.S. alone civil peace. nounced a bold, new China policy, he said supplies over 70 percent of the international that ‘‘the core of this policy will be a reso- MAJORITY RULE REQUIRES SAFEGUARDS arms trade. lute insistence upon significant progress on ‘‘One man, one vote’’ in a winner-take-all DISCOURAGE OVERSPENDING ON ARMS human rights in China.’’ He received wide- election is too brutal a form of leader-selec- We need to limit the ability of states that spread applause. A few months later, he was tion for such countries. It will shatter con- spend beyond a certain portion of the [gross the subject of mounting criticism as com- sensus and can bring on civil war. For what national product] on defense to have access mentators claimed that he was sacrificing we want is not majoritarian democracy, but to the international financial institutions. American commercial interests on the altar constitutional democracy. The former can be We may have to offer a special exemption to of a utopian concept of human rights. He de- established overnight, with a single election; states that face a unique security situation. cided to abandon the policy completely. the later takes years. But the ability to get such a waiver would be IDEALS TAKE A BACK SEAT We say that we favor democracy world- limited. wide. But until the mediating institutions of We need to convert the development effort In Russia, most commentators applauded a constitutional democracy have evolved, from a responsibility of the rich toward the the administration for approving as a Rus- won’t democracy in the Arab world bring to poor into a common responsibility. Every sian president bombarded a parliament into power forces that will be profoundly anti- state above a certain level should be re- submission, even though the essence of a Western and maybe even authoritarian, al- quired to contribute to global-development democratic system is respect for laws, not though seemingly ‘‘democratic’’? funds. Membership in key global institutions respect for powerful individuals. With its elections and vigorous parliament, might be keyed to such a requirement. In Rwanda, the first case of documented Iran is probably more democratic than most We should stress more South-South co- genocide since the Second World War, vir- states in the Muslim world. But it has estab- operation. We should limit the number of ex- tually no one objected as the administration lished a form of majoritarian democracy perts from the North, in order to reflect the resisted U.N. involvement until spurred by a that must disturb us. There is no protection success we have had in creating an enormous secretary-general who said that he was for vulnerable minorities or the dissident pool of trained expertise within the South it- ashamed by the inaction of the Security voice. self. Council. What we want immediately in the Arab We should insist that aid recipients agree To general silence, our State Department world is decent governments that respect the to enter into regional projects as a condition attempted to talk of ‘‘acts of genocide’’ rath- fundamental human rights of their citizens. of their aid. er than ‘‘genocide’’ because use of the latter The building of real democracy is going to TRADE, COMMUNICATIONS UNIFY GLOBE word might trigger commitments under the take decades. Today, an international system is develop- Genocide Convention that no one wanted to We need a new approach to our campaign ing that is more inclusive economically and honor. It has been estimated that as little as both for human rights and democracy. It politically. Trade is pulling people together 2,000 troops could have prevented hundreds of should now be clear that the U.S. cannot im- and communications are enabling them to thousands of deaths. pose its standards on the rest of the world. form common views, which are a pre- In the development field, we need to shift As strong as we are, we are not that strong. requisite to subsequent participation in the our focus from countries to problems. With We should work harder to multilateralize determination of their political fate. the Cold War over, our people find it difficult our human rights program. Human rights or- But the U.S. is unable to exploit this mo- to understand why we continue to support ganizations contend that this administra- ment because we are incapable of bold think- foreign countries. tion, like its predecessors, is uncomfortable ing. Today, we are like a musclebound giant Perhaps the American people could under- working with others in the human rights that can’t tie his shoes. We have a defense stand our desire to work with others on com- field. We must reverse this. budget that is larger than all of the major mon problems. In an age of massive inter- We need to begin to work harder to live up countries in the world combined, but we national travel, the United States is nec- ourselves to international standards in the can’t reallocate the money where it would do essarily concerned about international field of economic and social rights so that we the most good. We plan for wars that will not health problems. It could work with others can develop a common language with others. happen in our lifetime, and we are unable to on those common problems. People at home It is a disgrace that the infant-mortality participate in security operations that are would understand such an expenditure. rate in Washington, D.C., is higher than in needed today. The administration has talked in these many extremely poor Third World countries. Meanwhile, we are largely absent in the terms, but not boldly from the White House. What is more disgraceful is that Washing- countries whose future will determine the fate of whole regions. JOINT EFFORTS NEEDED ton policy-makers at times seemed more concerned with the rate in foreign countries In conclusion, in the current era, we must Our citizens would understand common ef- than in their own capital. We have to recog- not allow inertia to define our policy. If we forts to deal with international environ- nize that the U.S. no longer has the power or wish to seize the moment, all of us are going mental problems. We are helping Mexico to enjoys the deference internationally simply to have to think boldly. And we cannot wait clean up rivers that borders both countries. to command others to behave as we wish. for leadership from the administration or the We can work with other states to protect Congress. fisheries. We can attempt to develop a bold NEEDED: A NEW RATIONALE FOR AID The more bold ordinary citizens are out- development effort for states that generate Critical to the success of the humanitarian side the offices of officials, the bolder they economic immigrants for the United States. tradition in American foreign policy is are likely to be inside. For in today’s poll- We must understand that people in those funds. driven politics, leadership lies as much with countries will only remain when they believe We no longer have the Cold War to provide the people as with the officials. Power can that there is hope for their children, even if the excuse for large aid levels. We have to lie in hands like yours. I urge you to use it. February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E209 LEGISLATION ESTABLISHING SPE- enant of secrecy, rather than invoking some bill would not automatically provide compensa- CIAL JUDICIAL PANEL TO national security ground.'' tion to anyone. It simply would allow legitimate SCREEN INTELLIGENCE CASES While, on the whole, U.S. intelligence agen- breach of contract cases to go to trial. INVOLVING BREACH OF CON- cies do their best to fulfill commitments made Supporters of the U.S. intelligence commu- TRACT DISPUTES to individuals who perform services on their nity have criticized court involvement in intel- behalf, there are instances in which, for what- ligence cases by noting that most Federal HON. JAMES A. TRAFICANT, JR. ever reason, U.S. intelligence agencies have judges do not have the expertise, knowledge and background to effectively adjudicate intel- OF OHIO not fulfilled its commitments. For example, during the Vietnam war the ligence cases. In fact, in the United States IN THE HOUSE OF REPRESENTATIVES Pentagon and the CIA jointly ran an operation versus Marchetti, the Fourth Circuit took the Tuesday, February 11, 1997 over a 7 year period in which some 450 South position that, basically, judges are too ill-in- Mr. TRAFICANT. Mr. Speaker, today I am Vietnamese commandos were sent into North formed and inexpert to appraise the mag- introducing legislation to mandate the estab- Vietnam on various espionage and spy mis- nitude of national security harm that could lishment of a special Federal judicial panel to sions. The CIA promised each commando occur should certain classified information be determine whether cases involving breach of that, in the event they were captured, they publicized. I must respectfully and strenuously contract disputes between U.S. intelligence would be rescued and their families would re- disagree with this type of reasoning. I would agencies and individuals involved in espio- ceive lifetime stipends. Due to intelligence point out, Mr. Speaker, that Federal judges nage on behalf of the United States should go leaks and intelligence penetrations by the routinely adjudicate highly complex tax cases, on trial. The legislation directs the Chief Jus- North Vietnamese, most of the commandos as well as other tort cases involving highly tice to assign three Federal circuit court were captured almost immediately. Many were technical issues, such as environmental dam- judges, senior Federal judges, or retired jus- tortured and some were killed by the North Vi- age caused by toxic chemicals. It's absurd to tices to a division of the U.S. Court of Appeals etnamese. Beginning in 1962, CIA officers assert that judges can master the complexities for the District of Columbia for the purpose of began crossing the names of captured com- of the tax code and environmental law, but determining whether an action brought by a mandos off the pay rosters and telling their somehow be unable to understand and rule on person, including a foreign national, in an ap- family members that they were dead. Many of intelligence matters. propriate U.S. court for compensation for serv- the commandos survived the war. After vary- The truth is, the U.S. intelligence community ices performed for the U.S. pursuant to a se- ing periods of time they were set free by the has become too insulated from the regulations cret Government contract may be tried in Vietnamese Government. Two hundred of the and laws that other Federal agencies must court. The bill provides that the panel may not commandos now living in the United States abide by. The Totten doctrine has outlived its determine that the case cannot be heard sole- filed a lawsuit last year asking that all living usefulness. There is no legitimate national se- ly on the basis of the nature of the services commandos be paid $2,000 a year for every curity reason why an individual who was provided under the contract. year they served in prisonÐan estimated $11 promised certain things in a contract with the The goal of the bill is to allow individuals million. Last fall, the CIA decided to provide U.S. GovernmentÐeven a contract for the who have a legitimate claim against the U.S. compensation to the commandos. performance of secret servicesÐshould not be Government regarding a secret service con- Mr. Speaker, how many other cases are able to file a claim for breach of contract, and tract to have their day in court. Currently, there in which U.S. intelligence agencies have have that claim objectively reviewed based on these types of cases are barred from even acted in a similar manner but not settled out the merits of the claim. That's all my legisla- going to trial by the Totten doctrine, which of court? I find it outraged than an individual tion would do. bars the judiciary from adjudicating disputes who risked his or her life for the United States The bill would make the intelligence commu- that arise out of secret Government contracts would not even have the opportunity to have nity more accountable to the publicÐwithout in which involve the performance of secret serv- his or her grievance heard in a court of law any way compromising national security or in- ice. because of Totten. telligence sources and methods. It is a well- The Totten doctrine is based on the 1876 Existing Federal statutes give the Director of reasoned, fair bill. Most importantly, it's the Supreme Court case of Totten verses United Central Intelligence the authority to protect in- right thing to do. I urge all of my colleagues States. The case involved the estate of an in- telligence sources and methods from unau- to support the bill, the text of which follows: dividual who performed secret services for thorized disclosure. I understand the impor- H.R. — President Lincoln during the Civil War. The tance to national security of preventing any Be it enacted by the Senate and House of Rep- court dismissed the plaintiff's postwar suit for unauthorized leaks of information that would resentatives of the United States of America in Congress assembled, breach of contract, stating, in part: compromise U.S. intelligence sources and methods. That is why my legislation directs SECTION 1. ASSIGNMENT OF JUDGES TO 3– The service stipulated by the contract was JUDGE DIVISION. a secret service; the information sought was the special judicial panel to take into consider- (a) ASSIGNMENT OF JUDGES.—The Chief Jus- to be obtained clandestinely, and was to be ation whether the information that would be tice of the United States shall assign 3 cir- communicated privately; the employment disclosed in adjudicating an action would do cuit court judges or justices (which may in- and the service were to be equally concealed. serious damage to national security or would clude senior judges or retired justices) to a Both employer and agent must have under- compromise the safety and security of U.S. in- division of the United States Court of Ap- stood that the lips of the other were to be for telligence sources at home and abroad. In ad- peals for the District of Columbia for the ever sealed respecting the relation of either purpose of determining whether an action to the matter . . . It may be stated as a gen- dition, the bill provides that if the panel deter- mines that a particular case can go to trial, it brought by a person, including a foreign na- eral principle, that public policy forbids the tional, in a court of the United States of maintenance of any suit in a court of justice, may prescribe steps that the court in which competent jurisdiction for compensation for the trial of which would inevitably lead to the case is to be heard shall take to protect services performed for the United States pur- the disclosure of matters which the law itself national security and intelligence sources and suant to a secret Government contract may regards as confidential, and respecting which methods, including holding the proceedings in be tried by the court. The division of the it will not allow the confidence to be vio- camera. court may not determine that the case can- lated. Finally, because there may be a number of not be heard solely on the basis of the nature Other court rulings over the years have af- cases that were never even contested be- of the services to be provided under the con- firmed the Totten doctrine as it applies to cause of the Totten doctrine, the bill waives tract. (b) ASSIGNMENT AND TERMS.—Not more breach of contract disputes arising from espio- the statute of limitations for any claims arising than 1 justice or judge or senior or retired nage services performed pursuant to a secret on or after December 1, 1976 and filed within judge may be assigned to the division of the contract. Basically, the Totten doctrine pre- 2 years of enactment of the bill into law. court from a particular court. Judges and vents individuals who have performed espio- Mr. Speaker, this is a responsible piece of justices shall be assigned to the division of nage services for the United States and have legislation that affords both U.S. citizens and the court for periods of 2 years each, the first legitimate claims against the Government from foreign nationals who perform intelligence of which shall commence on the date of the even having their claims heard in a U.S. court. services for the United States of some assur- enactment of this Act. (c) FACTORS IN DIVISION’S DELIBERATIONS.— In a paper published in the Spring, 1990 issue ance that they have some recourse if the Gov- In deciding whether an action described in of the Suffolk Transnational Law Journal, ernment does not honor its commitments. The subsection (a) should be tried by the court, Theodore Francis Riordan noted that ``[W]hen bill also includes enough safeguards to protect the division of the court shall determine a court invokes Totten to dismiss a lawsuit, it national security and the safety of U.S. intel- whether the information that would be dis- is merely enforcing the contract's implied cov- ligence sources. I want to emphasize that the closed in adjudicating the action would do E210 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 serious damage to the national security of a Lake County councilman for 4 years, Indiana PRIMARY CARE PROTECTION ACT the United States or would compromise the State senator for 12 years, and Lake County OF 1997 safety and security of intelligence sources inside or outside the United States. If the di- commissioner for 12 years. vision of the court determines that the case Ernie's public service began in 1962, when may be heard, the division may prescribe he was elected as a Lake County councilman. HON. LOUISE McINTOSH SLAUGHTER steps that the court in which the case is to In 1968, Ernie was appointed to the Lake OF NEW YORK be heard shall take to protect the national security of the United States and intel- County Parks Board. Ernie was immediately IN THE HOUSE OF REPRESENTATIVES ligence sources and methods, which may in- elected president. Under his stewardship, the clude holding the proceedings in camera. park board obtained the first two county parks: Tuesday, February 11, 1997 (d) REFERRAL OF CASES.—In any case in Lemon Lake and Stoney Run. In 1970, Ernie MS. SLAUGHTER. Mr. Speaker, I am proud which an action described in subsection (a) is successfully ran for sixth district State senator. brought and otherwise complies with appli- to have the opportunity today to introduce the cable procedural and statutory require- Ernie served his constituency as the chairman Primary Care Promotion Act of 1997. This ments, the court shall forthwith refer the for the agricultural subcommittee. In this ca- thoughtful, constructive legislation would case to the division of the court. pacity, he introduced and was successful in refocus and target the current Federal Govern- (e) EFFECT OF DIVISION’S DETERMINATION.— passing legislation for funding projects, includ- ment effort to reduce the number of medical If the division of the court determines under ing the Williams Levee in the Kankakee River. specialists graduating from U.S. teaching hos- this section that an action should be tried by the court, that court shall proceed with the Ernie was then promoted to senate majority pitals. trial of the action, notwithstanding any whip. In 1984, Ernie was elected as third dis- There is little debate today that our Nation other provision of law. trict Lake County commissioner, where he is experiencing a shortage of primary care (f) OTHER JUDICIAL ASSIGNMENTS NOT proudly served as a senior member. During physicians and an oversupply of specialists. In BARRED.—Assignment of a justice or judge to this tenure, he served twice as commissioner 1995, there were almost 650,000 active physi- the division of the court under subsection (a) board president. shall not be a bar to other judicial assign- cians in the United States. Of those, about ments during the 2-year term of such justice Over the years, Ernie has also devoted time 384,000 were specialists, while only 241,000 or judge. to numerous committees and boards. He has were primary care providersÐa ratio of 1.6 (g) VACANCIES.—Any vacancy in the divi- served as chairman of the Lake County Drain- specialists for every general practitioner. sion of the court shall be filled only for the As a result of this situation, some govern- remainder of the 2-year period within which age Board and the Kankakee River Basin such vacancy occurs and in the same manner Commission. He also was an active member ment agencies are working to change policies as the original appointment was made. of the County Planning Commission, the Lake that appear to encourage students or medical (h) SUPPORT SERVICES.—The Clerk of the County Solid Waste District, and the Indiana schools toward training specialists rather than United States Court of Appeals for the Dis- State Association of County Commissioners. family practitioners. Last year, the Health Care trict of Columbia Circuit shall serve as the Financing Administration [HCFA] issued a reg- clerk of the division of the court and shall Ernie's unselfish dedication to his civic duty ulation reducing graduate medical education provide such services as are needed by the di- must also be commended. Ernie was a mem- [GME] reimbursement for combined vision of the court. ber of the Lowell VFW, and Post 101 Amer- residencies. The apparent purpose of this ac- (i) DEFINITIONS.—For purposes of this sec- ican Legion. He is a past president of the Indi- tion— tion was to reduce a perceived incentive for (1) the term ‘‘secret Government contract’’ ana Auctioneers Association and past director students to enter combined residencies, which means a contract, whether express or im- of the National Auctioneers Association. Ernie usually train doctors for a medical specialty plied, that is entered into with a member of was also a president of the Indiana Livestock like child psychiatry. There are, however, a the intelligence community, to perform ac- Auction Markets Association, and he still re- small number of combined residency pro- tivities subject to the reporting require- tains membership in the Lowell Chamber of grams that produce primary care physicians. ments of title V of the National Security Act My legislation would restore full GME reim- of 1947 (50 U.S.C. 413 and following); and Commerce. bursement for residents enrolled in a com- (2) the term ‘‘member of the intelligence In addition, Ernie answered his country's bined residency program where both programs community’’ means any entity in the intel- call and joined the U.S. Army during World ligence community as defined in section 3(4) are for training in primary care, like internal of the National Security Act of 1947 (50 War II. He served 2 years in the South Pacific medicine and pediatrics. U.S.C. App. 401a(4)). Theatre as a combat infantryman with the 158th Regimental Combat Team. This regi- This legislation has been carefully crafted to SEC. 2. APPLICABILITY. preserve HCFA's intent to reduce the number (a) IN GENERAL.—Section 1 applies to ment was engaged in battles in the jungles of of specialists trained while increasing the claims arising on or after December 1, 1976. New Guinea leading to the liberation of the (b) WAIVER OF STATUTE OF LIMITATIONS.— ranks of family practitioners. The Primary Care Philippines from the Japanese imperial forces. Promotion Act has already been endorsed by: With respect to any claim arising before the During those campaign battles in the Phil- enactment of this Act with would be barred American Academy of Pediatrics, American because of the requirements of section 2401 ippines, Ernie earned and was awarded the Osteopathic Association, American College of or 2501 of title 28, United States Code, those prestigious Combat Infantryman's Badge, Physicians, National Association of Children's sections shall not apply to an action brought three battle stars, and individual campaign rib- Hospitals, Association of Professors of Medi- on such claim within 2 years after the date bons. For bravery and dedication beyond the cine, American Society of Internal Medicine, of the enactment of this Act. normal call of duty to his comrades in battle, Association of Program Directors in Internal f he was honored with the Bronze Battle Star Medicine, Medicine-Pediatrics Program Direc- TRIBUTE TO ERNEST NIEMEYER Special Award. tors Association, American College of Osteo- After returning home, Ernie took steps to pathic Pediatricians, Association of Osteo- begin his professional career as an auc- pathic Directors and Medical Educators, Fed- HON. PETER J. VISCLOSKY erated Council for Internal Medicine, which in- tioneer. In 1951, he graduated from auc- OF INDIANA cludes: American Board of Internal Medicine, tioneers school and established one of the IN THE HOUSE OF REPRESENTATIVES American College of Physicians, American So- most successful auctioning businesses in Tuesday, February 11, 1997 ciety of Internal Medicine, Association of Pro- northern Indiana. Ernie shares this business fessors of Medicine, Association of Program Mr. VISCLOSKY. Mr. Speaker, it is my privi- with his son, Rick. lege to commend an outstanding citizen of In- Directors in Internal Medicine, Association of diana's First Congressional District, Mr. Ernest Mr. Speaker, I ask you and my other distin- Subspecialty Professors, and Society of Gen- Niemeyer. On Friday, January 24, 1997, a tes- guished colleagues to join me in commending eral Internal Medicine. timonial dinner at the Radisson Star Hotel in Ernie for his tireless efforts to improve the I am pleased that Representatives RANGEL, Merrillville, Indiana, was held to honor Ernie quality of life for Indiana's First Congressional MCDERMOTT, MCNULTY, and KENNEDY of for his 28 years of dedicated public service. District. Ernie, his wife, Norma, and their chil- Rhode Island have already joined me as origi- Ernie has devoted most of his life to improv- dren, Doyle, Rick, and Pam, can be proud of nal cosponsors of this legislation. I look for- ing and maintaining an outstanding environ- his record of unselfish dedication to the public. ward to working with them and the rest of my ment for Indiana's First Congressional District. His service will forever remain a part of north- colleagues to pass this constructive, bipartisan Over his distinguished career, Ernie served as west Indiana's great history. initiative. February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E211 IN HONOR OF ALAN L. HOFFMAN Orleans. It has grown from a very small fes- More recently, Chairman Arafat reportedly IN RECOGNITION OF HIS OUT- tival to an extraordinary international holiday told two French publications that the Palestin- STANDING PERFORMANCE AS that offers a variety of music, from mariachis ians have already fulfilled their commitments, SPECIAL COUNSEL TO THE AS- and conjunto to modern Tejano. It has drawn and that he does not intend to adopt a new SISTANT ATTORNEY GENERAL the attention of visitors and has become 1 of charter because the Israelis do not have a IN THE OFFICE OF LEGISLATIVE the top 100 events in North America as high- constitution. ``When they will have one,'' Mr. AFFAIRS lighted by several organizations which guide Arafat said, ``we will do the same.'' tourists to North American attractions. Mr. Speaker, such utterances from Mr. HON. PORTER J. GOSS In this southernmost U.S. city, our hands Arafat are not helpful to progress in the peace OF FLORIDA are joined during Charro Days with the hands process. Mr. Arafat knows what he had to do. IN THE HOUSE OF REPRESENTATIVES of our international neighbors as we celebrate There is no reason for further delay. all that makes us unique. We participate in Tuesday, February 11, 1997 Mr. Speaker, the PLO's failure to amend the events that contribute to the preservation of Palestinian Charter is a violation of the peace Mr. GOSS. Mr. Speaker, I rise today to call our border history, heritage, and traditions of agreements with Israel. That failure, along with the attention of the House to the dedicated our two nations. There is song, dance, cos- continued hostile rhetoric toward Israel, indi- work of Alan Lawrence Hoffman as special tumes, food, craftsmanship, and a celebration cates a lack of sustained commitment by Yasir counsel to the assistant attorney general in of our past as well as our future. Arafat to the peace process. Accordingly, I call the Office of Legislative Affairs. During the last Celebrations like these ensure both nations on Chairman Arafat to demonstrate his com- 18 months, Mr. Hoffman was of immeasurable will remain friends and compaÄneros for a very mitment to peace by leading the effect to help to the House Permanent Select Commit- long time to come. I ask my colleagues to join amend the Palestinian National Charter at the tee on Intelligence by expeditiously handling a me in commending Charro Days, Inc., for their earliest possible opportunity. That is his re- range of matters of interest to the committee. 60th anniversary. sponsibility. We will be watching his actions There were many difficult issues that came f before the committee during the 104th Con- closely. The time has come and gone for gress. Mr. Hoffman can take great pride in WHAT HAPPENED TO THE prompt compliance. Further delay is additional knowing that he approached every issue with PALESTINIAN CHARTER? evidence that Chairman Arafat and the PLO a spirit of nonpartisanship that is a tribute to are not willing to meet. his professionalism. Mr. Hoffman should be HON. BENJAMIN A. GILMAN f particularly proud of his work on the Economic OF NEW YORK Espionage Act of 1996. This act will contribute IN THE HOUSE OF REPRESENTATIVES substantially to the protection of U.S. trade se- TRIBUTE TO WILLIAM J. PERRY crets whose, compromise could endanger the Tuesday, February 11, 1997 national security of the United States. Mr. Mr. GILMAN. Mr. Speaker, on January 15, HON. JOHN P. MURTHA Hoffman also helped to develop a proposal 1997, Israel and the Palestinian authority that assisted in the clarification of the mission reached an agreement on a protocol for the OF PENNSYLVANIA of the National Drug Intelligence Center in redeployment of Israeli forces in Hebron. Ac- IN THE HOUSE OF REPRESENTATIVES Johnstown, PA. companying the protocol is a note for the Mr. Hoffman will continue his public service record, prepared by the U.S. Special Middle Tuesday, February 11, 1997 as an assistant U.S. attorney in Philadelphia. East Coordinator, Ambassador Dennis Ross, Mr. MURTHA. Mr. Speaker, I rise today to He will be genuinely missed at the Department which specifies reciprocal actions that must be pay tribute to William J. Perry, who retired on of Justice and by members and staff of the taken by both Israel and the Palestinian Au- January 24, 1997 as our 19th Secretary of De- House Permanent Select Committee on Intel- thority. U.S. officials have described this note fense of the United States. ligence. It gives me great pleasure to recog- for the RECORD as a road map for further Dr. Perry has a long and distinguished nize Mr. Hoffman's hard work and I want to progress in the peace process. record of serving his country. In the 1970's wish him well in his new and exciting career. Among its various provisions, the Note stip- and 1980's, Bill's work on stealth technology On behalf of the committee, I want to thank ulates that the Palestinian side must ``com- for the Defense Department earned him the him for his continued service to our country plete the process of revising the Palestinian title ``father of stealth.'' We all know how im- and for the unstinting nonpartisan support he National Charter'' to expunge from it all portant this technology has become to our gave to the intelligence community. clauses inimicable to Israel. Previously, both military and to our Nation. Bill was at the fore- f the Clinton administration and the PLO front of many other technology breakthroughs claimed that the charter had been changed by CHARRO DAYS, INC., CELEBRATES as well that today give America's forces the a vote taken by the Palestinian National Coun- 60TH ANNIVERSARY ability to dominate any potential adversary on cil [PNC] in April 1996. That vote claimed to the field of battle. have canceled all clauses in the charter which HON. SOLOMON P. ORTIZ contradict the letters exchanged between the But I think crowning achievement came in OF TEXAS PLO and the Israeli Government. quite a different arena than the scientific lab- IN THE HOUSE OF REPRESENTATIVES But at the same time, the PNC ordered the oratories and high technology factories of this Tuesday, February 11, 1997 adoption of a new charter, which would dem- country. Beginning on ``day one'' of his tenure Mr. ORTIZ, I rise today to commend all onstrate to the world the exact textual as Secretary of Defense, Bill Perry became a those associated with Charro Days, Inc.Ðthe changes made with regard to Israel. It referred tireless advocate for the people who are the organization which sponsors a 4-day February the matter to a legal committee that was heart and soul of America's military might. He festival in south TexasÐfor their 60th anniver- charged with submitting a new draft charter by has led the fight for better pay, better housing, sary. October 24. Nothing happened then, and Yasir better health care, decent retirement benefits, Each year, the communities of Brownsville, Arafat failed to meet this obligation in violation and maintaining the highest standard of train- TX, in the United States and Matamoros, of the PLO's stated commitment. Moreover, ing for our men and women in uniform. This Tamaulipas, in Mexico, join forces to com- the fact that the charter revision is included in is not cheap and it is certainly not easy to ac- memorate the exceptional international rela- the note drafted by Ambassador Ross is evi- complish given the competition we have for tionship found on the United States-Mexico dence that the Clinton administration know ac- limited funds in a declining defense budget. border. Charro Days, Inc. is composed of knowledges that the Palestinian side is not in But Bill Perry has been true to the principle members from both communities and over- compliance. he so often recites: ``Take care of the troops, sees the three parades and festivities of the Several weeks ago, the PNC delegated to and they will take care of you.'' Bill under- celebration. This festival, which features many another special legal committee the authority stands the lesson history tries to teach us bands and theme floats during Charro Days, to draft a new charter. However, many ques- again and again, but some never learn. That represents the legends, cultures, international tions still remain unanswered. In delegating is, you can have the best military equipment in spirit, and sometimes difficult history that leads authority, the PNC once again did not specify the world, but if you don't have well trained us to where we are today. which clauses in the charter require amend- and well motivated people to operate that Charro Days was originally a pre-Lenten ment, nor did it specify a deadline for the re- equipment, you don't have much. During his holiday, along the lines of Mardi Gras in New vised text. tenure Bill Perry put the men and women in E212 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 uniform first, and those men and women have It has made all the difference in the Asia Today I say farewell to the President who taken care of this country. Pacific, where by establishing a Framework honored me by asking me to serve as Sec- Over the years, some who don't know Bill Agreement we froze the North Korean nu- retary. I say farewell to my colleagues in the well have misunderstood his quiet and stu- clear program and prevented a nuclear arms administration who worked with me to race; and where, by strengthening the Secu- achieve common goals. I say farewell to my dious manner to mean that he might waver on rity Agreement with Japan, we have ensured friends in the media, and in the Congress, certain issues. Nothing could be further from America’s security presence—the oxygen and to the wonderful friends I have made in the truth. Bill has been a rock when it came that fuels the region’s prosperity. the embassies. to fighting for this administration's core de- Choosing the right road has made all the And I say farewell to our military leaders fense policies. After 3 years of holding the difference around the world. By executing who have served our country so brilliantly. reins at the Pentagon, he has left no doubt in the Nunn-Lugar program, we have disman- They have prepared our forces for war, but anyone's mind that the readiness of our forces tled 4,000 nuclear weapons that once targeted they are dedicated to peace. Elie Wiesel has America’s cities. Today, the threat of nu- and the qualify of life for the men and women said, ‘‘Peace is not God’s gift to mankind. It clear holocaust no longer hangs like a dark is our gift to each other.’’ And for the last who serve would come first, and he followed cloud over the heads of our children. four years peace is the gift we have given the through on those convictions. For this I salute Four years ago, the Department of Defense American people. him. faced a choice. One road was well-traveled But the hardest farewell to say is to the Secretary Perry has had other important and easy to follow, but it would have allowed troops who have served me and whom I have achievements as well. I know he is especially our forces to atrophy as we completed the served. Words cannot adequately describe my proud of his efforts to reduce the nuclear dan- post-Cold War draw down. The other road pride in you. So my farewell to you is a sim- was less traveled by, twisting and bumpy ger, particularly in Russia, Ukraine, Belarus, ple benefiction: with hard choices—hard choices to ensure May the Lord bless you and keep you. May and Kazakhstan. Under Secretary Perry's that we had strong capable military forces steady hand, the sometimes foundering Coop- the Lord cause His face to shine upon ready to respond in a world of new dangers. you, and give you peace. erative Threat Program got off the ground to Twice before in this century when faced help these countries destroy over 4,000 nu- with that same choice, we chose the well- f traveled road of neglect. And we paid the clear warheads aimed at the United States REGARDING TERM LIMITS and dismantle more than 800 bombers and price—in Korea with Task Force Smith, and ballistic missile launchers. This program also after Vietnam with a Hollow Army. This time we chose the road less-traveled by—the HON. JAY DICKEY has been instrumental in helping the former road of readiness. We established training as Soviet nuclear states put tighter controls on our highest priority. Training designed to OF ARKANSAS nuclear materials such as highly enriched ura- make the scrimmage tougher than the game. IN THE HOUSE OF REPRESENTATIVES nium to keep them from finding their way into We established the iron logic that quality of Tuesday, February 11, 1997 the global marketplace. life for our forces meant quality people in These are real, measurable national security our forces. We reformed our acquisition sys- Mr. DICKEY. Mr. Speaker, due to an inad- accomplishments that have made the world tem to give our quality people the most ef- vertent staff error, my name was added as a safer, and Bill Perry deserves to be proud of fective technology. Technology that enables cosponsor to House Joint Resolution 2. Al- them to dominate the battlefield; to win though my position has always been strongly his record. quickly, decisively, and with minimum Mr. Speaker, Bill Perry made a difference in favor of limiting the number of terms for losses. And that has made all the difference. Congress, House Joint Resolution 2 does not throughout his many years of service to our It made all the difference wherever we sent country. On behalf of the Congress, and on our forces to prevent, deter, or defeat aggres- comply with the State of Arkansas' congres- behalf of the citizens of our great Nation I sion. In Haiti, where we restored democracy. sional term limits amendment passed on No- want to say to Bill and his family: ``Thank you In the Arabian Gulf, where we contained a vember 5, 1996, as amendment 73 to the for a job well done, and Godspeed''. brutal dictator. In the Korean Peninsula, State Constitution. Unfortunately, House Joint where we stood firm with an ally. In Bosnia, Resolution 2 was reported from committee last The most suitable closing to this tribute I where we have stopped the killing and can think of is in Bill's own words. I ask unani- week, and under the rules of the House, I am brought to a war-ravaged people the bless- unable to remove my name as a cosponsor. mous consent to enter into the RECORD Sec- ings of peace. The readiness road ensured the My name being added as an original cospon- retary Perry's farewell address delivered at Ft. success of each of these missions. Readiness Myer on January 14, 1997. His words are elo- made all the difference. sor to a resolution by Mr. HUTCHINSON contain- quent and poignant. Four years ago, I faced a personal choice ing the exact language contained in the Arkan- between a well-traveled road to a quieter sas term limit amendment. Further, I plan to WILLIAM J. PERRY, SECRETARY OF DEFENSE life, centered around family and friends; and FAREWELL ADDRESS-FT. MYER, JANUARY 14, vote in favor of the Hutchinson resolution and a less-traveled road that led to turmoil, ten- 1997 against all other proposals that contain limits sion, and tough decisions. But it also led to I shall be telling this with a sigh. longer than 6 years for House Members since an opportunity to serve our nation, to sup- this represents the dictate of the recently Somewhere ages and ages hence. port the troops I cared for, and to achieve Two roads diverged in a wood, and I— the dreams I cherished. passed amendment to the State Constitution. I took the one less traveled by. I thought long and hard upon that choice f And that has made all the difference. and took counsel from sage friends. I ques- —Robert Frost tioned my wisdom, my patience and my abil- AMBASSADOR MALEEHAH LODHI Four years ago, America faced a choice; a ity to endure. But the courage to meet the choice between two roads that diverged. One test came from the advice of a tough ser- road led to isolation and apathy, the other geant major: ‘‘Take care of the troops,’’ he HON. BOB LIVINGSTON road, to engagement and action. This cen- said, ‘‘and they will take care of you.’’ OF LOUISIANA tury has taught us that the road of isolation I have followed that advice, and that, for IN THE HOUSE OF REPRESENTATIVES and apathy leads to instability and war. me, has made all the difference. President Clinton chose the road of en- It made all the difference every time I ad- Tuesday, February 11, 1997 gagement and action. He strove to bridge the vised the President on when and how to use Mr. LIVINGSTON. Mr. Speaker, I want to Cold War chasms; to reduce its nuclear leg- military force. It made all the difference take this opportunity to recognize the outgoing acy; to reach out to former adversaries, to when I negotiated with ministerial col- Ambassador of Pakistan, Dr. Maleehah Lodhi, prevent the conditions for conflict, and to leagues, when I met with Presidents and for her distinguished service. Ambassador create the conditions for peace. And that, as Kings. It made all the difference when I de- Robert Frost has said, has made all the dif- cided on force levels, mission goals and rules Lodhi returned to Pakistan on January 31, ference. of engagement every time we put our troops 1997. It has made all the difference in Europe, in harm’s way. It made all the difference As many of my colleagues will attest, Am- where, by establishing the Partnership for when I met with soldiers, Sailors, airmen bassador Lodhi was a strong and objective Peace we have replaced an Iron Curtain and Marines, in distant lands, on domestic advocate of her country and for freedom and which divided the nations of Europe with a bases, on training fields, ships at sea in democracy worldwide. Pakistan has been a circle of security which brings them to- cargo planes, or fighter jets. It made all the great friend and ally of the United States. I gether. difference when I shared Thanksgiving meals can say with confidence that the Ambas- It has made all the difference in our own with them in Haiti, in Macedonia, in Bosnia. hemisphere, where all nations, save one, That advice—‘‘Take care of the troops, and sador's tireless work over the past 3 years has have chosen democracy, and by establishing they will take care of you’’—has made all enhanced and improved this bond. In fact, her the Defense Ministerial of Americas we have the difference as I learned from my mis- endeavors contributed greatly to recent ad- forged new links of trust and cooperation. takes, as I took pride in my achievements. vances in our nations' relations. Advances that February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E213 I believe we can look forward to seeing de- The city proclaimed June 14 Herb Caen Day LEGISLATION TO EXTEND COMMU- velop in the future. I wish her all the best. and 75,000 people turned out to shower the NITY NURSING CENTER DEM- f writer with affection. ONSTRATIONS INTRODUCED Mr. Caen was born in Sacramento on April TRIBUTE TO HERB CAEN, SAN 3, 1916, although he often said he had been FRANCISCO’S BELOVED ‘‘BOS- conceived while his parents were visiting HON. JIM RAMSTAD OF MINNESOTA WELL BY THE BAY’’ San Francisco. He wrote a high school gossip column called ‘‘Raisen’ Caen’’ and after IN THE HOUSE OF REPRESENTATIVES graduation he went to work as a sportswriter Tuesday, February 11, 1997 HON. TOM LANTOS at The Sacramento Union. In 1936, he landed OF CALIFORNIA a job at The San Francisco Chronicle, arriv- Mr. RAMSTAD. Mr. Speaker, as a strong IN THE HOUSE OF REPRESENTATIVES ing in town when Coit Tower was only three supporter of home- and community-based years old and ferries were the only way to services for the elderly and individuals with Tuesday, February 11, 1997 cross the bay. disabilities, I rise to introduce legislation I Mr. LANTOS. Mr. Speaker, I invite my col- Mr. Caen began writing his column on July sponsored in the 104th Congress to extend leagues in the Congress to join me in paying 5, 1938, and wrote it six days a week until the demonstration authority under the Medi- 1991, when he cut back to five and later to care program for Community Nursing Organi- tribute to San Francisco journalist Herb Caen, three. ‘‘I can’t find a way out: too many bills who died last week at the age of 80. For 60 and ex-wives and a kid in school, things that zation [CNO] projects. years, he has been a staple of San Francisco chew up the income,’’ he told an interviewer CNO projects serve Medicare beneficiaries journalism, and, in the words of the New York just before he turned 80. ‘‘I never intended in home- and community-based settings under Times, he is ``a columnist known for his ardor this to be permanent, but it looks like it’s contracts that provide a fixed, monthly capita- for San Francisco.'' He began his career in the going to be.’’ tion payment for each beneficiary who elects bay area in 1936 when he joined the San He is survived by his wife, Ann Moller, and to enroll. The benefits include not only Medi- Francisco Chronicle, and his well-known col- a son, Christopher, from a previous mar- care-covered home care and medical equip- riage. ment and supplies, but other services not umn first appeared on July 5, 1938. Last year, Except for an eight-year sojourn at its as my colleagues will recall, Mr. Caen was presently covered by traditional Medicare, in- rival, The Examiner, Mr. Caen has been a fix- cluding patient education, case management awarded a Pulitzer Prize for his ``continuing ture of The Chronicle, and, according to sur- contribution as a voice and a conscience of veys, better read than the paper’s front page. and health assessments. CNO's are able to his city.'' I called the attention of my col- Editors had even estimated that as many as offer extra benefits without increasing Medi- leagues in the Congress to Herb's honor on a fifth of the paper’s 500,000 readers might care costs because of their emphasis on pri- that occasion and paid tribute to him in the cancel their subscriptions after Mr. Caen’s mary and preventative care and their coordi- death. RECORD in April of last year. nated management of the patient's care. Mr. Speaker, I invite my colleagues to join So avid were his fans that for years The The current CNO demonstration program, Chronicle even ran old columns on Sunday, which was authorized by Congress in 1987, me now in honoring the memory of Herb Caen packaged as ‘‘Classic Caen.’’ Local book- for his contribution to the uniqueness of our involves more than 6,000 Medicare bene- stores are full of still in-print copies of old ficiaries in Arizona, Illinois, Minnesota, and delightful city of San Francisco and for his columns recycled into tomes. New York. It is designed to determine the contribution to journalism. Mr. Speaker, I also The columns combined gossip, news, word practicality of prepaid community nursing as a invite my colleagues to read the obituary of play and love to San Francisco and those means to improve home health care and re- Mr. Caen that appeared in the New York lucky enough to live there, even when ac- duce the need for costly institutional care for Times. knowledging the unpleasant side of the city. ‘‘The hookers are brazen, the abalone is fro- Medicare beneficiaries. [From the New York Times, Feb. 2, 1997] zen, and every night is Mugger’s Day,’’ he To date, the projects have been effective in HERB CAEN, NEWSPAPER WRITER, DIES AT 80 wrote in 1971. ‘‘Yet, in spite of it all, San collecting valuable data to determine whether (By Michael J. Ybarra) Francisco remains one of the great tourist the combination of capitated payments and SAN FRANCISCO.—Herb Caen, whose 60-year cities. Most triumphantly, there is life in the nurse-case management will promote timely journalism career was devoted to doting on streets—raw, raucous, roistering and real.’’ and appropriate use of community nursing and San Francisco and whose affections were Over the years Mr. Caen’s journalistic ambulatory care services and reduce the use more than amply requited by legions of ar- work habits became as effortless as breath- ing: he wrote in the morning, held court in of costly acute care services. dent readers, died this morning at the Cali- Authority for these effective programs was fornia Pacific Medical Center here. He was bars or cafes in the afternoon and took the 80. pulse of the city at A-list events in the eve- set to expire December 31, 1996. Mr. Speak- To call Mr. Caen ‘‘Mr. San Francisco,’’ as nings, where the man with the cherubic er, while I was glad to Health Care Financing was sometimes done, was redundant. No smile and bald pate fringed with curly gray Administration [HCFA] extended the dem- other newspaper columnist has ever been so hair was as much a star as anyone he wrote onstration authority for the CNO projects using long synonymous with a specific place. To about. administrative means, I was disappointed this his fans, Mr. Caen (pronounced cane) was sui Though the self-deprecating Mr. Caen re- extension was only for 1 year. HCFA stated generis, a towering icon in his adopted home- ferred to his daily output, pounded out with that the authority was extended to allow them town—although he was largely unknown in two fingers on a Royal typewriter, as jour- to better evaluate the costs or savings of the nalistic stoop labor, he tossed out more than much of the nation, his column of stubborn services available under the program, learn localisms not even traveling well across the a few enduring bons mots. Baghdad-by-the- San Francisco Bay. Bay and Berserkeley were his coinage. more about the benefits or barriers of a par- But in the city, and no one ever doubted ‘‘Don’t call it Frisco,’’ he admonished read- tially capitated program for post-acute care, what city he was talking about, Mr. Caen en- ers once, and locals never did again. review Medicare payments for out-of-plan joyed the status of a beloved Boswell by the A play has been based on his columns and services covered in a capitation rate, and pro- Bay. a mention in the same spot has been said to vide greater opportunity for beneficiaries to Part of his appeal seemed to lie in the end- have saved numerous productions and res- participate in these programs. less bonhomie he projected, always nattily taurants. Frankly, in order to do all this analysis of the turned out in suit and fedora, often with a At the same time, critics complained that program, we need more than one year. We martini glass in hand. Mr. Caen exuded a he did not pay for his own meals or clothes need to act now to extend this demonstration whiff of elegance from a bygone era. or even always write his own column— Indeed, his role model was Walter charges that Mr. Caen never failed to shrug authority for another 3 years. Winchell, the legendary gossip monger, but off, along with criticism that he was getting This experiment provides an important ex- with the malice shorn off. And unlike bitter in his old age. ‘‘That started when I ample of how coordinated care can provide Winchell, who outlived his own celebrity and was about 30,’’ he recalled once. ‘‘Herb, additional benefits without increasing Medicare doddered on into obscurity, Mr. Caen’s sta- you’re getting old and bitter.’’ costs. For Medicare enrollees, extra benefits tus as a living landmark grew with his lon- But on Herb Caen Day, when a three-mile include expanded coverage for physical and gevity. stretch of waterfront sidewalk was named in occupational therapy, health education, routine In April 1996, Mr. Caen turned 80, won a his honor, the columnist was all honey. ‘‘I’ve assessments and case management serv- special Pulitzer Prize for his ‘‘continuing loved this town before I was born, and I’ll contribution as a voice and a conscience of love it after I’m gone,’’ he told the crowd. icesÐall for an average monthly capitation his city’’ and married his fourth wife. In ‘‘One day if I do go to heaven, I’m going to rate of about $21. In my home State of Min- May, he told his readers that he had inoper- do what ever San Franciscan does who goes nesota, the Health Seniors Project is a CNO able lung cancer—he smoked for 40 years but to heaven—he looks around and says, ‘It serving over 1,500 patients in four sites, two quit 25 years ago—and 5,000 letters poured in. ain’t bad, but it ain’t San Francisco.’ ’’ of which are urban and two rural. E214 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 These demonstrations should also be ex- ment. There is a significant lack of quality per- LOVE YOUR NEIGHBOR WEEK IN tended in order to ensure a full and fair test sonnel who are willing to relocate to Eastern DADE COUNTY of the CNO managed care concept. These Europe to oversee the funds. As a result the demonstrations are consistent with our efforts most prudent courses are not followed and it HON. ILEANA ROS-LEHTINEN to introduce a wider range of managed care is almost the norm for investments to result in OF FLORIDA options for Medicare beneficiaries. I believe a net loss. In addition, the proper economic IN THE HOUSE OF REPRESENTATIVES we need more time to evaluate the impact of and political environments, to foster success, CNOs on patient outcomes and to assess often do not exist. As an example, the original Tuesday, February 11, 1997 their capacity for operating under fixed budg- schedule for disbursement was to be carried Ms. ROS-LEHTINEN. Mr. Speaker, I would ets. out in lump sums over 3 years. However, the like to recognize ``Love Your Neighbor Week'' Mr. Speaker, it is important to recognize that funds are experiencing difficulty in meeting and its driving force, Jim Ward. the extension of this demonstration will not in- this schedule and thus it has been extended. Encompassing Valentine's Day, the week crease Medicare expenditures for care. CNOs Other funds, such as the Hungarian Fund and seeks to encourage reaching out to all people actually save Medicare dollars by providing the Polish Fund have requested, and the Pol- in the community. Its mission is to identify us better and more accessible care in home and ish Fund was granted, supplemental funding as a community that cares for all people with- community settings, allowing beneficiaries to demonstrating that the funds are not self-sus- out regard to race, ethnicity, religion, or social avoid unnecessary hospitalizations and nurs- taining, as was originally intended. The most status. Toward that goal, Mr. Ward is seeking ing home admissions. By demonstrating what striking example, however, of the failure of to mobilize all organizations that call south a primary care oriented nursing practice can funds' investments, is the case of the Czech Florida home. This includes public, private, accomplish with patients who are elderly or and Slovak American Enterprise Funds educational, business, and civic groups. disabled, CNOs are helping show us how to (CSAEF). Authorized in 1991, the first two The pledge asks individuals to ``live the spir- increase benefits, save scarce dollars and im- large investments failed terribly, resulting in a it of Love Your Neighbor [LYN] in my daily life; prove the quality of life for patients. loss of $2 million. In all bad investments have to be kind and considerate to everyone; and to Mr. Speaker, I urge my colleagues to con- resulted in a loss of two-thirds of the CSAEF unite my community through thoughts, actions, sider this bill carefully and join me in seeking investment portfolio. and words.'' Organizations are asked to dis- to extend these cost-savings and patient-en- A 1995 investigation conducted by an in- play LYN decals and signs and employees are hancing CNO demonstrations for another 3 spector general of U.S. Agency for Inter- asked to use the phrase in greeting cus- years. national Development confirmed allegations of tomers. f mismanagement and corruption within the sys- Mr. Ward, a 27-year resident of south Flor- tem. Skyrocketing overhead costs are largely ida, and Dade County's human resources di- WEED THE SEED PROGRAM the result of corrupt management practices, as rector, is the man who put together this cele- money is often used to line the pockets of cor- bration of community. He has pledged to ``go HON. JAMES A. TRAFICANT, JR. rupt profiteers. The president of the Hungarian anywhere in behalf of the cause and to do all OF OHIO Fund was found to have paid two U.S. execu- the work'' necessary to see that this program IN THE HOUSE OF REPRESENTATIVES tives salaries upwards of $400,000, forcing a gets off the ground. Tuesday, February 11, 1997 salary cap to be imposed. Even more disturb- Mr. Ward and all the volunteers who have ing is the fact that a Hungarian government of- put this healing exercise together deserve our Mr. TRAFICANT. Mr. Speaker, in 1989, at a ficial received payments through the fund. The thanks and support in their effort to make the time when communism was beginning to fall in CSAEF, in addition to making poor invest- world a better place. Eastern Europe, Congress approved the Sup- ments, has been embroiled in scandal. John f port for Eastern European Democracy [SEED] Petty, former deputy chairman of the CSAEF, Act. The purpose of the SEED Act was to pro- was forced to resign due to his improper con- LEGISLATION TO RAISE AWARE- vide special enterprise funds to assist the duct in managing fund monies. The investiga- NESS OF MAMMOGRAPHY AND fledgling democracies in the development of tion discovered that he gave his mistress, who BREAST CANCER GUIDELINES IN- free-market economies. Originally intended to was working for the fund as an executive as- TRODUCED be used for economic restructuring and all-im- sistant, a more than 50 percent raise so that portant humanitarian relief, the funds have be- her salary amounted to $85,000 per year. HON. JENNIFER DUNN come part of a never-ending web of corruption The funds have simply not served their pur- OF WASHINGTON and mismanagement. America has already pose. Corruption and mismanagement, cou- IN THE HOUSE OF REPRESENTATIVES lost millions and millions of dollars of hard- pled with poor environments for investment, Tuesday, February 11, 1997 earned taxpayer money through these funds, have kept the funds from being an effective yet we keep throwing more good money after mechanism in moving Eastern Europe toward Ms. DUNN of Washington. Mr. Speaker, on bad. a market economy. The money has not been January 23, the National Cancer Institute de- The funds were established as private, non- used for its original intent, economic restruc- clined to recommend that women in their for- profit corporations. As such they are subject to turing and humanitarian relief. Instead, invest- ties seek annual breast cancer screening. Re- little government oversight. According to a ments have been mismanaged and corruption search into the benefits of mammography for 1990 Senate Appropriations Committee report has been a trademark of the system. women in this age group is wholly inadequate. (101±519) the only role that the U.S. Agency At a time when we are searching for ways Further, without definitive guidelines, the lives for International Development [USAID] is to to balance the budget, when some even go so of America's mothers, wives, sisters, and have in the process is to ``simply write the far as to propose an amendment to the Con- daughters are at risk. This year, an estimated check on a periodic basis when the enterprise stitution, we cannot afford to waste money 33,000 women in their forties will be diag- funds determine that additional funding is nec- overseas. Rather than continuing to slash to nosed with breast cancerÐthese are women essary.'' This was done to give the boards of the bone funding for vital domestic programs, in the prime of their lives, women whose chil- directors and the funds' managers wide lati- it seems logical to eliminate programs that dren are still in kindergarten, and women en- tude in determining how to invest the money simply do nothing to benefit the American peo- tering the peak of their careers. and also to allow them the flexibility to react ple. This program wastes hard-earned tax- Guidelines for women aged 40 to 49 were to market situations. While on the surface this payer dollars. The American people deserve in place until 1993, when they were rescinded may appear to be the best way to encourage to have their money work for them, not to by the National Cancer Institute. This occurred the growth of market mechanisms, better, in have it squandered abroad. H.R. 564 will pro- despite the lack of confidence in available re- fact, than traditional aid programs, it actually hibit USAID from spending any money allo- search and differing opinions by respected amounts to a situation in which there is no ac- cated to it to finance the funds and will effec- medical organizations on the wisdom of the countability to the investor, namely the Amer- tively phase them out over 2 years following rescission. Research performed in two studies ican taxpayer. When the funds lose money as its passage into law. last year found a 44 and 36 percent lower a result of poor investment practices it is the It is time to end wasteful overseas spending death rate among women who received mam- taxpayer who ultimately loses, with no way to and to put that money to better use here at mograms in their forties, and a number of recoup those losses. home. To that end, I encourage Members of studies have shown that breast tumors in Unfortunately, it is not uncommon for money Congress to join me by cosponsoring H.R. women under the age of 50 may grow far to be lost as a result of an ill-advised invest- 564. more rapidly than in older women, suggesting February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E215 that annual mammograms are of value to On October 20, 1996, democratic elections Kentucky, Mississippi, North Carolina, and Vir- women in this age group. were held across Nicaragua to elect an en- ginia. By some accounts the TVA is the Na- Congress must take an active role in this tirely new government. Over 80 percent of the tion's largest utility. issue and that is why I am introducing this bi- country's 2.4 million eligible voters cast their Over the years TVA's mission has ex- partisan resolution that calls for one, additional ballots for the President and Vice President, panded to a point where some projects it cur- research into the benefits of mammography National Assembly and Central American Par- rently undertakes are questionable at best. For for women aged 40 to 49, and two, a strong liament Deputies, and mayors. These elec- example: Why would TVA be doing ozone re- request that the advisory panel for the Na- tions were not perfectÐthere were complica- search for the Federal Government when we tional Cancer Institute consider reissuing the tions and irregularities in the processÐyet a already have an Environmental Protection guideline rescinded in 1993 for mammography large group of international and domestic ob- Agency? What is TVA doing in China promot- for women when it convenes in February servers declared that the elections were ulti- ing trade when they are wholly owned by the 1997, or until there is more definitive data, di- mately free and fair, and a legitimate expres- U.S. Government and we currently have a rect the public to consider guidelines by other sion of the will of the people of Nicaragua. Commerce Department to promote trade? organizations. The resolution will serve as the The candidate of the Liberal Alliance Party, In fiscal year 97 TVA received $106 million House's opportunity to concur with the Sen- Arnoldo Aleman, who was previously mayor of for its non-power programs which includes five ate's statement on this matter, when on Feb- Managua, was elected President by a margin major areas: Stewardship, Water and Land, ruary 4, it approved Senator SNOWE's bill, S. of 49 to 38 percent over Daniel Ortega, the Land Between the Lakes, Economic Develop- Res. 47, by a unanimous vote of 98 to 0. leader of the Sandinista Front [FSLN]. ment and the Environmental Research Center. Mr. Speaker, and distinguished colleagues, Aleman's alliance did not win an outright ma- Recently, TVA's chairman Craven Crowell rec- please support this vital resolution that helps jority in the National Assembly, which leaves ommended that TVA stop receiving an annual raise awareness of mammography and breast the Sandinistas with sufficient representation Federal appropriation for its non-power pro- cancer guidelines. to be the country's leading opposition party. grams. I couldn't agree with him more and for f On January 10, 1997, representatives from that reason I am introducing this bill to speed INTRODUCTION OF A HOUSE CON- the United States and around the world wit- the process along. CURRENT RESOLUTION CON- nessed the peaceful transition of the power of My bill would stop all funding for TVA's non- GRATULATING THE REPUBLIC the presidency from Violeta Chamorro to power programs at the end of this fiscal year OF NICARAGUA ON HOLDING Arnoldo Aleman. President Aleman imme- and not at the end of fiscal year 1999 as DEMOCRATIC ELECTIONS diately promised to continue the economic and Chairman Crowell recommends. It simply social reforms started by the Chamorro admin- amends Section 27 of the TVA Act of 1933 to HON. AMO HOUGHTON istration, and most importantly, to work to- authorize no more direct Federal monies for gether with the other political parties to build OF NEW YORK the TVA. With annual revenues of over $5 bil- IN THE HOUSE OF REPRESENTATIVES a lasting peace and democracy in Nicaragua. lion, TVA should not find it very difficult to Mr. Speaker, the new Nicaragua is a coun- abide by this new proposal. It should be the Tuesday, February 11, 1997 try to be proud of. It is a success story. From ratepayers of that region which fund TVA's ac- Mr. HOUGHTON. Mr. Speaker, I rise today, a society bitterly divided by years of conflict tivities not taxpayers all across the Nation. Pull along with a group of colleagues, to introduce comes a stable government with all of the new the plug on the TVA now!!!!! a concurrent resolution which does primarily freedom that evolves along with democratiza- f two things: First, it congratulates the Republic tion. Are there still problems in Nicaragua? of Nicaragua on holding democratic elections Absolutely. The road to a lasting peace and INTERNATIONAL POPULATION to elect an entirely new government, and sec- democracy is a long one. There is no final ASSISTANCE ond, it celebrates the peaceful swearing-in of destination. This bill recognizes that Nicaragua a new President in Nicaragua. Along with me has come a long way since the turmoil of the HON. DAVID E. SKAGGS as original cosponsors of this resolution are 1980's. It also reaffirms the United States' OF COLORADO BEN GILMAN, who is chairman of the House commitment to promoting democracy through- IN THE HOUSE OF REPRESENTATIVES International Relations Committee, ELTON out the Western Hemisphere. GALLEGLY and GARY ACKERMAN, the incoming Mr. Speaker, I hope you and all of my col- Tuesday, February 11, 1997 chairman and ranking member of the Western leagues will join me today in congratulating Mr. SKAGGS. Mr. Speaker, perhaps as Hemisphere Subcommittee, and CASS the people of Nicaragua on the success of soon as next week we will be debating the BALLENGER, my colleague on the International their elections. first foreign policy question to come before the Relations Committee. I thank them for their f House in this CongressÐthe rate of expendi- support and assistance in putting this bill to- ture of appropriated funds for international gether. INTRODUCTION OF A BILL TO population assistance. My interest in Nicaragua started in 1988, ABOLISH THE FEDERAL APPRO- This is a very important matter, one that will when I first traveled there with a delegation of PRIATION FOR THE TENNESSEE directly affect the quality of life of individuals educators from my district to promote the val- VALLEY AUTHORITY and families around the world. It deserves ues of education, and set up a private scholar- careful attention by all Members. ship program for Nicaraguan students to study HON. RODNEY P. FRELINGHUYSEN Central to the debate will be the relationship in the United States. While there, I met an ex- OF NEW JERSEY between the restrictions that some seek to traordinary woman named Violeta Barrios de IN THE HOUSE OF REPRESENTATIVES place on international assistance in this area Chamorro, the wife of Pedro Joaquin Tuesday, February 11, 1997 and the incidence of abortion. Chamorro, who was then editor of La Prensa. A recent issue of the Durango Herald in- Two years later, I revisited Nicaragua with El- Mr. FRELINGHUYSEN. Mr. Speaker, today cluded an article by the President of the Popu- liott Richardson as part of the United Nations' I rise to introduce a bill abolishing the direct lation Institute discussing exactly this point. Electoral Observation team to witness Violeta annual Federal appropriation to the Ten- Because I believe that it makes points that Chamorro's victory in Nicaragua's first demo- nessee Valley Authority [TVA] at the end of should be considered in the upcoming debate, cratic elections. fiscal year 1997. The elimination of this sub- I am including it in the RECORD for the benefit I returned again in 1993 with Priscilla and sidy which has been provided by Congress of all Members. two of my grandchildren to see for ourselves since TVA's creation in 1933 is something that [From The Durango (CO) Herald, Feb. 2, 1997] the tremendous changes that Nicaragua had has been long overdue. I urge my colleagues DEBUNKING ABORTION MYTHS—INCREASED undergone under her steady and courageous to join me in cosponsoring this bill. CONTRACEPTIVE USE DECREASES RATE OF leadership. In September of 1995, we hosted As a product of the new deal, the TVA was ABORTION a luncheon for President Chamorro here in the created as an independent, government- (By Werner Fornos) Capitol where, joined by Senators CLAIBORNE owned corporation exempt from taxation. Its Sometimes the line between dedication PELL and TOM HARKIN, and Congressmen original mission was to bring electricity and and obsession is pencil-thin. TORRES and BILL RICHARDSON, we continued lights to the Appalachian hills and foothills. An example is the 1994 shooting spree by our discussion of the far-reaching changes TVA serves a population of more than 7 mil- anti-choice fanatic John C. Salvi III that left that Nicaragua had undergone in the past 5 lion people in an 80,000 square mile region in two dead and five injured at two health clin- years. Tennessee and parts of Alabama, Georgia, ics in Brookline, Massachusetts. E216 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 Another example is the effort by anti- Colorado’s newly elected U.S. Senator Way, conversion of Hamilton Field in Novato, choice forces in Congress to kill U.S. govern- Wayne Allard who voted against overseas and our ongoing efforts to preserve agriculture ment international family planning efforts. family planning programs as a member of in west Marin and protect the lands adjacent It is far-fetched to compare a psychotic the House of Representatives, and all mem- to Point Reyes National Seashore. It was a murder to elected federal lawmakers? Per- bers of the states congressional delegation haps. Then again, when reactionaries to Con- should consider the devastating con- pleasure to be working hand-in-hand with him, gress succeeded in slashing 1996 overseas pop- sequences of denying contraceptives to and in continue to be impressed by his dedi- ulation assistance by 35 percent a consor- women in poor countries when he casts his cation and vision. tium of experts conservatively estimated vote on the president’s findings in February. In addition, Gary has been a leader on nu- that the cut would result in 4 million more f merous local boards and commissions. He unplanned pregnancies, 2 million more unin- chairs the Marin County Congestion Manage- tended births, 1.6 million more abortions, SALUTE TO KATHERINE HOFFMAN ment Agency, and is a member of the Califor- 134,000 more infant deaths, and 8,000 more HALEY nia State Coastal Commission; the Bay Con- maternal deaths from pregnancy and child- servation & Development Commission; the birth complications. Golden Gate Bridge, Highway & Transpor- The madman Salvi had a smoking gun, HON. ELTON GALLEGLY tation District; the Local Agency Formation while the self-styled defenders of ‘‘the sanc- OF CALIFORNIA Commission and the Mental Health Advisory tity of life’’ and ‘‘the rights of the unborn’’ IN THE HOUSE OF REPRESENTATIVES in Congress had the clout to deny contracep- Board. As a member of the Marin Agricultural tives to poor women throughout the world. Tuesday, February 11, 1997 Land Trust, he has been instrumental in pro- But who was more dangerous? Mr. GALLEGLY. Mr. Speaker, I would like to tecting the environment and agricultural land Although Congress last year appropriated recognize one of Ventura County's outstand- in Marin County. Now that he is leaving the $385 million for international population as- Marin Board of Supervisors, Gary is creating sistance in 1997, it added caveats that none ing citizens, Katherine Hoffman Haley. As the Granddaughter of the founder of Ventura an organization that will work to protect our of the amount could be spent until July 1— coast and our natural resources. He advocacy nine months into the fiscal year—and then County, Katherine has proudly carried on the at the rate of only 8 percent per month.’’ legacy of her grandfather, William Dewey Hob- group is already making a difference on this It has been estimated that the moratorium son. important issue. Gary Giacomini is a native of Marin County, and metering of the funds will lead to even Katherine along with her mother, Edith and and currently lives in San Geronimo with his more unintended pregnancies, births, abor- brother, Walter, have been responsible for tions and infant and maternal deaths than wife, Linda. Gary graduated from the Univer- keeping the heritage and history of Ventura the 35 percent budget cut was expected to sity of California, Hastings College of Law, County alive. She was instrumental in raising last year. and is a member of the Law Journal, Thurston Consequences of the punitive withholding hundreds of thousands of dollars for the con- Honor Society, Order of Coif. of the appropriation may include shortages struction of the Ventura County museum of Mr. Speaker, it is my great pleasure to pay of contraceptive supplies, closure of family history and art. She has subsequently ob- tribute to Supervisor Gary Giacomini. Marin planning clinics and sharp reductions in tained additional hundreds of thousands for nearly all U.S. government population pro- County owes a great deal of gratitude for his the support of the museum's programs over tireless efforts over the year. Time and time grams—including those in countries most in the years. need such as Bangladesh, Kenya and Peru. again he has extended himself on behalf of In addition, many countries with large Her involvement in the community has not many people and for many causes. I extend populations and a large unmet need for fam- stopped there. She has served as a member my hearty congratulations and best wishes to ily planning—including Indonesia and Mex- of the board of directors of the Community Gary, Linda, and their family for continued ico, with a combined population of 300 mil- Memorial Hospital in Ventura for over 35 success now, and in the years to come. lion—may be unable to receive U.S. funds years. And her generosity extends to the le- f that would be used in programs where there gions who have come far and wide to visit her is even greater need. home to see her extensive collection of west- SUPPORT HOUSE RESOLUTION 40— Ironically, the restrictions placed on inter- SAVE THE LIVES OF 29,000 WOMEN national population programs was instigated ern art. by lawmakers who claim to oppose abortion. Her innumerable contributions to the com- These same members of Congress are well munity will serve as a legacy to her dedica- HON. EDOLPHUS TOWNS aware that U.S. funds have been prohibited tion. I am proud to pay tribute to her today. OF NEW YORK from financing abortion for nearly a quarter f IN THE HOUSE OF REPRESENTATIVES of a century. Tuesday, February 11, 1997 Moreover, an estimated 32 million abor- TRIBUTE TO SUPERVISOR GARY tions take place in the developing world an- GIACOMINI Mr. TOWNS. Mr. Speaker, on January 23, nually and more than half are unsafe or clan- 1997, the National Cancer Institute's Consen- destine and believed to result in 70,000 pre- sus Panel reviewed data on breast cancer and ventable maternal deaths each year. HON. LYNN C. WOOLSEY concluded that it could not recommend regular There is ample evidence that when contra- OF CALIFORNIA mammograms for women in their forties. In ceptive use increases, abortion rates decline. IN THE HOUSE OF REPRESENTATIVES light of voluminous data and statistical evi- In the late 1960s there were close to 80 abortions per 1,000 women in Hungary, while Tuesday, February 11, 1997 dence supporting mammograms for women in this age group, I am deeply concerned. Ap- contraceptive use was at a low 20 percent Ms. WOOLSEY. Mr. Speaker, in rise today level. A subsequent rise in contraceptive use proximately 29,000 American women will con- to honor one of my district's most dedicated tract this disease between the ages of 40 and to more than 30 percent of couples in 1978 elected officials, Marin County Supervisor was accompanied by a reduction in abortions 49. to just over 30 per 1,000 women. Gary Giacomini. Gary Giacomini was elected Recently, Senator OLYMPIA SNOWE led a bi- A 24 percent increase in contraceptive use in 1972 to represent the Fourth Supervisorial partisan coalition which introduced a Sense of was recorded in Mexico City from 1987 to District of Marin County. He has served the the Senate resolution, Senate Resolution 47, 1992, while the abortion rate dropped during people of Marin County well in this capacity concerning the need for accurate guidelines the same period from 41 to 25 per 1,000 for over 24 years, being elected to six succes- for breast cancer screening. We strongly sup- women. sive, 4-year terms, and serving as chair of the port her efforts, and believe this is a positive Contraceptive use in South Korea in- board for 6 years. Currently, he holds the dis- creased from 24 percent in 1971 to 77 percent step toward helping women. The resulting 98± in 1988, while lifetime abortion rates per tinction of being the longest serving county su- 0 vote shows that our Senate colleagues are woman declined from a peak of 2.9 per pervisor in the State of California. fully aware of the critical nature of this issue. woman in 1978 to 1.9 by 1991. As we celebrate Supervisor Gary I am also diligently working to ensure that The 1997 U.S. international population as- Giacomini's years of service to this commu- women have clear direction from the Govern- sistance law permits the president to submit nity, I wish to recognize Gary for his commit- ment. In fact, in 1994 the Subcommittee on to Congress by Feb. 1 findings showing that ment to the people of Marin County, and to Human Resources and Intergovernmental Re- withholding funds will be detrimental to thank him for his lifelong record of public serv- lations, which I chaired, published a report, family planning program efforts. Both houses will vote in February on whether or ice. I was pleased to have worked closely with ``Misused Science: The National Cancer Insti- not to accept the president’s findings. Ac- Gary over the last several years on important tute's Elimination of Mammography Guidelines ceptance allows the appropriation to be re- issues such as transportation and improve- for Women in Their Forties,'' which raised con- leased as early as March 1, rather than by ments along the 101 corridor, securing the cerns about the National Cancer Institute's de- July 1. purchase of the Northwestern Pacific Right-of- cision to change its mammography guidelines. February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E217 Prior to publishing this report, I convened a right, to encourage responsible corporate citi- the spokes in the wheel of justice. Ms. Bernice hearing where numerous agencies, organiza- zenship. The Income Equity Act is not the ulti- Johnson's life represents that toward which we tions, and individuals, included Senator mate answer to the widening gap between the all should aspireÐbelief in self, commitment to SNOWE, testified about the impact of NCI's de- rich and the poor, but it is an important step community, dedication to the principles of de- cision on the lives of women. toward ensuring that all Americans can share mocracy, and resolve to carry on in spite of The message from all respected voices is in our Nation's prosperity. adversity. clear: mammograms can save the lives of f Ms. Johnson has worked in areas of voter women in their forties, a disproportionate num- registration, voter education, and voter partici- TRIBUTE TO IRENE KETCHUM ber of whom are African-American. As a con- pation in Jefferson County and throughout the cerned Member of Congress, on February 5, State of Alabama. From 1963 to 1965, she 1997, I introduced a Sense of the House reso- HON. PETER J. VISCLOSKY traveled throughout the State organizing Afri- lution, House Resolution 40, encouraging OF INDIANA can-Americans for voter registration. It was not Members to make a unified, unequivocal IN THE HOUSE OF REPRESENTATIVES an easy task. She documented evidence statement that women between the ages of 40 Tuesday, February 11, 1997 which was sent to the U.S. Department of Jus- and 49 need clear, accurate guidelines for Mr. VISCLOSKY. Mr. Speaker, it is my tice during President Lyndon B. Johnson's ad- breast cancer screening. honor to commend to you and my other distin- ministration. This data was useful in laying the I urge you to support this resolution to lead guished colleagues, Ms. Irene Ketchum, an groundwork for the need of Federal examiners the charge for saving women's lives. outstanding citizen of Indiana's First Congres- in the State of Alabama. f sional District. Irene is a shining example of She has worked with many community orga- nizations. She was the first African-American INCOME EQUITY ACT OF 1997 commendable dedication to voluntarism. At the end of 1996, in recognition of her unselfish woman to serve on the Alabama State Text- commitment to the community of northwest In- book Committee, the first African-American HON. MARTIN OLAV SABO diana, Indiana State Representative Dan Ste- woman to run for the Jefferson County Board OF MINNESOTA venson of Hammond, IN, presented Irene with of Education, and the first African-American IN THE HOUSE OF REPRESENTATIVES Indiana's highest honor designated by Gov- woman to serve on the Birmingham Planning Tuesday, February 11, 1997 ernor Evan Bayh, the Sagamore of the Wa- and Zoning Board. bash. This distinguished award was bestowed Ms. Johnson is firmly dedicated to the prin- Mr. SABO. Mr. Speaker, a year ago at this upon her at a Democratic precinct open house ciples of democracy and the belief that ``com- time, one couldn't open a newspaper or maga- at the Wicker Park Social Center. plete democracy will become a reality through zine without reading about the widening gap Irene's distinguished career includes being proper use of the ballot.'' Her steadfast activ- between the rich and poor in our Nation. managing editor of the Herald Newspapers in ism has made my State a better place for all Today, however, these articles are difficult to Gary, IN, from 1950±55. From 1956 to 1979, Alabamians. With due diligence, unyielding find. Although income inequality has declined Irene served as clerk treasurer for the town of faith and an appreciation for equal justice for slightly from its high point in 1993, we are still Highland, and in 1980, she became a trustee all, Ms. Bernice Johnson has lived her life in in the midst of a long-term rise in inequality and board secretary of the Lake County Public a manner that is due the utmost respect. that has persisted since the late 1960's. Library. Today, in a small way, I am pleased to have While the income gap persists, working Over the years, Irene has devoted her time the opportunity to recognize her for her many Americans are finding it even harder to make to many community service organizations. She successful achievements. ends meet. Though our economy continues to has served as treasurer of the Highland Com- f grow, most American families have not re- munity Events Council, president of the High- turned to the income levels they had before land Women's Democratic Club, and auditor of DEPOSITORY INSTITUTION the 1989 recession. In fact, in 1994 more than the Highland Democratic Club. Moreover, AFFILIATION ACT OF 1997 16 percent of full-time workers could not sup- Irene has served as treasurer, secretary, vice port their families above the four-person pov- president, and president of the Indiana League HON. RICHARD H. BAKER erty levelÐcompared to 12 percent in 1979. of Municipal Clerks and Treasurers, and she is OF LOUISIANA Although many forces lie behind the growing a lifetime member of the Girl Scouts of Amer- IN THE HOUSE OF REPRESENTATIVES inequality of income and wealth in America, it ica USA. In 1995, the Girl Scouts Calumet is clear that both Government and corporate Council honored Irene with its Woman of Dis- Tuesday, February 11, 1997 America have roles to play in narrowing the tinction Award. Mr. BAKER. Mr. Speaker, today I am intro- gap. For this reason, I am introducing the In- Irene unselfishly spends 1 day a week at an ducing the Depository Institution Affiliation Act come Equity Act of 1997. This legislation ad- east Chicago, Indiana church rectory, doing of 1997, which is legislation designed to en- dresses the problem by encouraging corporate office work, and 1 day a week at Our Lady of hance the competitiveness of our financial responsibility. For too many years, the trend in Grace school library. Irene also aids the Ham- services sector in preparation for the 21st cen- corporate America has been to pay top execu- mond Public Library with the program for sen- tury. This legislation is similar to H.R. 814 tives lavishly, while thinking of other employ- iors once a month. Currently, Irene is treas- which I introduced in the 104th Congress. I ees as an expense or not thinking of them at urer for the St. John Deanery Council of am pleased to introduce this legislation again all. My legislation will force companies to take Catholic Women, and she is president of the in the 105th Congress. It is my hope that our a close look at how they compensate their Our lady of Grace Court 80, National Catholic efforts this year will be successful in framing employees at both ends of the income ladder. Society of Foresters. the debate on financial services moderniza- The Income Equity Act would end our Gov- In a country that benefits immensely from tion. ernment's practice of subsidizing excessive voluntarism, Irene has proven that unselfish- Senator ALFONSE D'AMATO, chairman of the executive pay through the Tax Code by deny- ness has unlimited rewards that do not go un- Senate Banking, Housing, and Urban Affairs ing tax deductions for executive compensation recognized. Irene can be proud of her efforts Committee, is also joining me in introducing that exceeds 25 times the company's lowest to enrich the caliber of life in Indiana's First similar legislation in the Senate today. Senator paid full-time employee. For example, if a filing Congressional District. Mr. Speaker, I ask you D'AMATO and I share both a belief in the mer- clerk at a firm earns $10,000, then any to join me in commending Irene for her lifetime its of this approach, and a commitment to amount of executive salary over $250,000 devotion to community service. pass financial modernization during this Con- would no longer be tax deductible as a busi- f gress. ness expense. This bill will not restrict the BERNICE C. JOHNSON—CITIZEN I want to make it clear that I am totally com- freedom of companies to pay their workers ACTIVIST mitted to passage of the most far-reaching fi- and executives as they please. It will send a nancial modernization package possible in the strong message, however, that in return for 105th Congress. The introduction of the De- tax deductions, the American taxpayer expects HON. EARL F. HILLIARD pository Institution Affiliations Act of 1997 sig- OF ALABAMA companies to compensate their lowest paid nals that I am committed to an approach that IN THE HOUSE OF REPRESENTATIVES workers fairly. allows for the broadest possible reforms and Economic inequality is a problem that will, if Tuesday, February 11, 1997 recognizes the reality of the current market- not addressed, rend the fabric of our society. Mr. HILLIARD. Mr. Speaker, I rise today to place. This reality is that today's dynamic fi- Our Government has every reason, and every bring to the attention of my colleagues one of nancial marketplace is being ill-served by the E218 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 artificial and arbitrary market segmentation week left all Americans bereft of a truly dedi- the top of the record charts. One of her most that is at best anachronistic, and at worst anti- cated public servant, a woman of wide learn- recent hits was a collaborative effort with the competitive and economically harmful. If finan- ing and interest, and a great patriot. former Mr. Amigo, Vicente Fernandez. She cial modernization indeed is broad in scope, I hope that all our Members will join with the has also appeared with former Mr. Amigo re- then American consumers will benefit by im- International Relations Committee in adopting cipients Armando Manzanero and Marco Anto- proved competition, more available services, the following resolution that will put the House nio MunÄiz. Recently, another former Mr. and more rapid technological innovation in the of Representatives on record in appreciation Amigo, Raul Velasco, dedicated his entire 3- marketplace. This modernization must be of Ambassador Pamela Harriman's life. We hour television show ``Siempre En Domingo'' crafted in a manner that gives consumers the should bear in mind that as a wife she pro- in tribute to her 44 years of artistic success. certainty that their financial services are pro- vided her wisdom and solace during the last Angelica Maria's life's work is an impressive vided within a safe and sound framework. years of his life to one of the great statesmen list of 56 movies, 16 television soap opera At this unique point in time, we have an his- of this century, Gov. Averell Harriman. We starring roles, 44 television dramas, 54 record toric opportunity to achieve fundamental re- should also take note of her contribution to the albums, and numerous musical spectaculars forms in our Nation's financial services struc- allied victory over Nazism in Europe, through in theaters and night clubs from Santiago, ture. That opportunity must not be squandered her earliest exploits in the field of diplomacy Chile, to New York, Madrid, Spain, and Los by leaving in place significant barriers in the helping to unite as allies the nations of Angeles. A litany of 171 awards in recognition market that will undoubtedly prove to be short- France, Great Britain, and the United States. of her brilliant career is highlighted by the sighted. The restructuring of the financial serv- In her capacity as the United States Ambas- ``Candileja de Oro 1996'' for her most recent ices sector should recognize the market's evo- sador, Extraordinary and Plenipotentiary, to success in the leading role of Esperanza in lution to date, and provide for market innova- France, Pamela Harriman gave the last meas- the television hit ``Bendita Mentira.'' tions to continue well into the future in a safe ure of her life to serving America, her adopted Ms. Angelica Maria is a perfect recipient of and sound manner. country. She brought to this task all her skills the Mr. Amigo Award. For she has, over the The legislation I offer today is virtually iden- and experience in keeping the ties between long period of her career, taken her unique tical to that legislation I sponsored last Con- the United States and France strong, despite screen, television, and stage performances to gress with significant bipartisan support. As many troublesome disagreements between numerous countries, including the United we move ahead toward the goal of moderniza- our countries. She was very much a hands-on States. A true ambassador of her country and tion, I fully anticipate garnering wide bipartisan Ambassador, working long hours and devoting of her culture, she has been praised by nu- support for my approach. In the coming much energy to this task. merous organizations for her unconditional months, as the administration grows more en- Accordingly, I believe that support of the fol- commitment to improve mutual understanding gaged on this issue, it will be essential to de- lowing resolution is merited, and I hope that all and cooperation between Mexico and the Unit- velop a bipartisan approach to financial serv- our Members will join Mr. HAMILTON, Mr. ed States. Ms. Angelica Maria should be rec- ices modernization. MANZULLO, and myself in recognizing Pamela ognized for both her artistic ability and her I believe this legislation is a good starting Harriman as a distinguished stateswoman and contribution to her commitment to bicultural re- point for developing just such a bipartisan con- a great American. lations between the two nations. sensus in this modernization debate. The De- f Mr. Amigo, Ms. Angelica Maria, will receive pository Institution Affiliation Act also serves the red-carpet treatment when she visits as my personal starting point on this issue in TRIBUTE TO ANGELICA MARIA Brownsville as the city's honored guest during the 105th Congress, as I plan to hold hearings the upcoming Mr. Amigo celebration. During and introduce additional legislation in the com- HON. SOLOMON P. ORTIZ her stay on the border, she will make personal ing months. The House Banking Committee OF TEXAS appearances in parades and other festival should have before it all the available options IN THE HOUSE OF REPRESENTATIVES events. Official welcome receptions will be staged by organizations in Cameron County, in addressing the difficult issues posed by fi- Tuesday, February 11, 1997 nancial services modernization. TX, and the cities of Brownsville, TX, and Mat- I want to commend my colleague, chairman Mr. ORTIZ. Mr. Speaker, I rise today to amoros, Tamaulipas, Mexico. of the House Banking Committee, JIM LEACH commend and pay tribute to Ms. Angelica I ask my colleagues to join me in extending for his commitment and leadership in pushing Maria, the newly selected Mr. Amigo. congratulations to Ms. Angelica Maria for for early action on financial modernization in Every year, members of the Mr. Amigo being honored with this special award. the 105th Congress. I look forward to partici- Assocation, who represent the city of Browns- f pating in all hearings the House Banking Com- ville, TX, travel to Mexico City to select a new Mr. Amigo to serve as the honored guest of DR. W.C. PATTON: CIVIL RIGHTS mittee will hold on this important issue. LEADER As chairman of the Subcommittee on Cap- the Mr. Amigo festivities in Brownsville. The ital Markets, GSE's, and Securities, I plan to Mr. Amigo festivity is a 4-day international hold hearings that deal with two issues I be- event which invites the United States and HON. EARL F. HILLIARD OF ALABAMA lieve are very important in this debate: the Mexico to celebrate the distinct cultures of IN THE HOUSE OF REPRESENTATIVES issue of allowing banking and commerce to these neighboring countries. During the Mr. mix; and the proper scope of holding company Amigo celebration, which originated as a pre- Tuesday, February 11, 1997 regulation. I believe that putting together an Lenten festival, Brownsville citizens participate Mr. HILLIARD. Mr. Speaker, I rise today to effective consensus on these two issues will in a series of parades, dances, and parties to pay special recognition to the triumphs of Dr. be the key to successful passage of a finan- demonstrate the goodwill of both countries. It W.C. Patton. cial modernization package. Mr. Speaker, I is a major function which is eagerly anticipated Dr. W.C. Patton, a native of Alabama, was look forward to working with you and all Mem- by many South Texans as well as our winter nationally noted as a civil rights activist and bers of the House in order to bring real re- visitors. czar in the Alabama civil rights movement and forms to our Nation's financial marketplace. We are honored to recognize Ms. Angelica overall progress of Birmingham. He was f Maria as the 33d Mexican citizen chosen by known to many as the father of Alabama's the Mr. Amigo Association. Angelica Maria ``La NAACP movement. IN APPRECIATION OF PAMELA C. Novia de MeÂxico'' is one of the Spanish- Dr. Patton attended public schools in Bir- HARRIMAN speaking world's most loved entertainers. An- mingham and Alabama State College in Mont- gelica is a four-decade veteran of the movie, gomery, AL. In 1970, the honorary degree of HON. BENJAMIN A. GILMAN stage, television, and recording industry. She doctor of laws was conferred on him by the OF NEW YORK first garnered international recognition in 1952, Birmingham Baptist College. IN THE HOUSE OF REPRESENTATIVES when, as a child, she starred in an award-win- He spent 16 years in Alabama schools be- ning role as the year's best child actress in fore becoming Alabama State manager of the Tuesday, February 11, 1997 ``Mi Esposa y Yo.'' For over 44 years, she has American Woodmen, a fraternal life insurance Mr. GILMAN. Mr. Speaker, it is with both traveled all over the Spanish-speaking world association. In 1962, he was elected a mem- sadness and gratefulness that I introduce the amassing an impressive list of smash hits as ber of the national board of directors of the following resolution concerning the recent a recording artist, stage actress, and star of Supreme Camp of American Woodmen and in passing of a great American, Ambassador television and movies. Her first American rock 1964, vice supreme commander of the Amer- Pamela C. Harriman. Her sudden death last hit, ``Eddie, Eddie,'' in 1962, propelled her to ican Woodmen. February 11, 1997 CONGRESSIONAL RECORD — Extensions of Remarks E219 During this time, Dr. Patton became deeply THE BIPARTISAN CAMPAIGN that campaign finance is firmly established on involved in the political process of our State REFORM ACT the congressional agenda. There will be ample and Nation. In 1952, he called community opportunity to discuss other campaign finance leaders together from around the State and or- HON. MICHAEL N. CASTLE reform provisions once Congress is committed ganized the Alabama State Coordinating As- OF DELAWARE to cleaning up Federal election campaigns. sociation for Registration and Voting. At the IN THE HOUSE OF REPRESENTATIVES This bill makes an outstanding contribution to time, there were approximately 20,000 reg- the campaign finance reform debate and has Tuesday, February 11, 1997 istered black voters in the State of Alabama. the momentum to move through the legislative He became president of the Birmingham Mr. CASTLE. Mr. Speaker, the 1996 elec- process. I urge my colleague to give it their branch of the NAACP and later became presi- tions highlighted a number of problems with careful consideration and cosponsorship. dent of the Alabama State Conference of our present system of camping financeÐthe f NAACP Branches. After 10 years, he resigned power and influence of outside organizations, RECOGNITION OF THE SERVICE OF with the American Woodmen to become exec- the tendency of wealth candidates to dramati- AMBASSADOR SAMUEL G. WISE, utive secretary for the State NAACP of Ala- cally jack up the costs of a race, the ineffec- JR. bama. Membership increased and Alabama tiveness of the Federal Election Commission, ranked second behind North Carolina in the and the wily resourcefulness of candidates southeast. and parties to raise the funds that they need. HON. CHRISTOPHER H. SMITH OF NEW JERSEY In 1956, when the NAACP was enjoined At this point, I think most Americans and IN THE HOUSE OF REPRESENTATIVES from doing business in Alabama, he became Members in the Chamber would agree that the national association director of voter edu- there is a problem with our system of financ- Tuesday, February 11, 1997 cation for the NAACP with headquarters in ing campaigns and that the present system Mr. SMITH of New Jersey. Mr. Speaker, the Memphis, TN. Later he became national direc- should be changed. However, there is signifi- Helsinki Commission mourns the recent death tor of NAACP voter education . cant disagreement on the best method for ac- of its esteemed Director of International Policy, tually reforming the system. Enacting cam- Dr. Patton did not limit his work to one area; Ambassador Samuel G. Wise, Jr. He faithfully paign finance reform legislation will not be an served his country through years in the Marine he has served his community in many capac- easy task, in spite of its necessity. itiesÐon many boards and educational and Corps, the U.S. Foreign Service, and the In the interest of moving campaign finance Commission on Security and Cooperation in civic committees, to make Birmingham a safe reform forward this year, I have agreed to co- and progressive place to live. Europe. I am privileged to have worked along- sponsor the Bipartisan Campaign Reform Act side him during his many years with the Com- sponsored by Congressmen SHAYS and f mission, as he offered sage advice, well-rea- MEEHAN. This bill has the momentum to move soned insight and guidance based on years of TRIBUTE TO THE HONORABLE through the cumbersome legislative process, experience in the diplomatic community. His RICHARD H. BREINER and by moving forward, the bill keeps the appointment as Ambassador when he was issue of campaign finance reform alive and on Deputy Head of the U.S. Delegation to the the agenda. In addition, while I have reserva- 1986±89 Vienna Review Meeting was well de- HON. LYNN C. WOOLSEY tions about some provisions, the legislation served. OF CALIFORNIA makes many important reforms that will do Typical of Ambassador Wise's commitment much to address campaign finance abuses of IN THE HOUSE OF REPRESENTATIVES to the work of the Helsinki Commission and recent years. the best national interests of the United Tuesday, February 11, 1997 For example, it equalizes PAC and individ- States, he most recently served on the U.S. ual contributions at $1,000 per election; it im- Delegation to the Vienna Review Conference Ms. WOOLSEY. Mr. Speaker, I rise today to proves disclosure, thereby bringing sunshine honor one of my district's most dedicated and of the Organization for Security and Coopera- on the spending practices of outside groups to tion in Europe held last November. He at- caring public servants, the Honorable Judge influence Federal elections; candidates may Richard H. Breiner. Judge Breiner is being tended and offered timely and indispensable match outside group spending without having advice in drafting the Declaration of the OSCE honored for a lifetime of exemplary service to that spending count toward their spending lim- Lisbon Summit held in early December. Am- his community as presiding judge of the Marin its; it bans mass mailings in election years; it bassador Wise's participation in these inter- County Superior Court for the past 20 years. strengthens the Federal Election Commis- national meetings were tireless and his con- I was fortunate to have the opportunity to join sion's enforcement mechanisms; it bans soft tributions, highlighting the fundamental impor- many of his friends, colleagues, and family to money and bundling; and it enhances the tance of human rights throughout the work of celebrate his remarkable accomplishments at power of small contributors by prohibiting can- the OSCE, were significant and lasting. his retirement party in January of this year. didates from raising or spending more than 25 The numerous letters of condolences which As an appointed judge to the Marin County percent of the spending limitÐ$150,000Ðin have been received at the Helsinki Commis- Superior Court, Judge Breiner earned an ex- contributions greater than $250, among other sion are indicative of the impact Ambassador cellent reputation, and received the prestigious provisions. It also includes provisions to ad- Wise has had on the OSCE community. From California Judges Association President's dress the matter of wealthy candidatesÐif a diplomats, to human rights activists, to friends Award in 1992. In addition, his ongoing com- candidate spends more than $60,000 in per- and colleagues, the effect of this one life has mitment to improve the community led him to sonal funds toward an election, then the can- been eloquently chronicled. Some reminisced take leading roles in numerous civic and law- didate's opponent's spending limit is increased about their ``fond memories of his personality, related organizations. Since his arrival to and the amount PAC's and individuals can professional expertise and intellectual bright- Marin County in 1975, he has served as trust- contribute to the opponent doubles to $2,000. ness.'' Others recognized his dedication ``to ee of the Big Brothers of Marin, as director of However, there are some things I'd like to promote the goals of the United States and of the Marin County Drug Abuse Advisory Com- see modified in the bill. For example, I'd like the Commission, as stated in the Helsinki Ac- mittee, as director of the Women's Foundation to see a requirement that at least 40 or 50 cords and in other documents issued subse- Advisory Committee, and as founding member percent of a candidate's contributions come quently.'' One noted that ``compassionate and and director of the Marin County Park and from within the State. I'd like to see stronger engaged, Sam was the consummate Helsinki Open Space Foundation. franking reforms, like changing the definition of expert whose objectivity and capacity to get it Mr. Speaker, it is my great pleasure to pay a mass mailing to 250 pieces of mail or move right were unrivaled. Highly regarded by the tribute to the Honorable Judge Richard H. rather than the present level of 500 pieces. I'd entire OSCE community, his loss is irreplace- Breiner and to thank him for his tireless efforts like to see a significantly lower contribution able.'' Respected as ``a man of integrity and to serve his community, both as a judge and level for wealthy candidatesÐthe bill allows honored convictions'' and remembered as a as an involved citizen. The people of Marin candidates to spend up to $60,000 in personal ``warm and compassionate human being,'' Am- County owe him a great deal of gratitude. I ex- funds toward the election. bassador Wise has admirers virtually around tend my hearty congratulations and best wish- Furthermore, I have questions about the ef- the globe. es to Judge Breiner, his committed wife, ficacy of spending limits, and whether they Both as a Commissioner and, most recently, Dottie, and his two children, Daniel and Debo- serve to hinder, or to assist, challengers. as Chairman of the Helsinki Commission, I rah, for continued success in the years to At this point, it is less important to draft the sought and appreciated very much the coun- come. perfect campaign reform bill than to make sure sel which Sam provided. The combination of E220 CONGRESSIONAL RECORD — Extensions of Remarks February 11, 1997 Sam's gentle spirit and his winsome manner ARTHUR SHORES—ALABAMA’S was a destiny changer; one who made a dif- proved effective in his dealings with Members DRUM MAJOR FOR JUSTICE ference in human and race relations. His cour- of Congress and staff, as well as the Depart- age and persistence through the use of the ment of State and the diplomatic community. HON. EARL F. HILLIARD law would have profound impact on the social His insights, experience, sound advice and OF ALABAMA justice system of the State of Alabama, the friendship will be sorely missed. My prayers IN THE HOUSE OF REPRESENTATIVES South, the United States, and indeed the world. are with his family as they grieve the loss of Tuesday, February 11, 1997 His efforts on behalf of the politically and their husband and father. Mr. HILLIARD. Mr. Speaker, in December economically disenfranchised came with a 1996, America lost one of its greatest warriors price. In 1963, his home was bombed twice. f for peace, justice, and equal opportunity. Ar- No one was injured, but the incidents were ex- thur Shores, a man of unquestioned courage amples of the hostility faced by a civil rights AMBASSADOR SAMUEL G. WISE and character, passed away this past Decem- attorney. Still, he continued. Still, he fought the ber. Arthur Shores is a revered figure in Ala- good fight. bama history and a significant persona of the Moreover, he was a family man. He clearly HON. BILL RICHARDSON civil rights movement. Mr. Shores, a native Alabamian, was a understood the meaning of family. His daugh- OF NEW MEXICO graduate of Talladega College. He received ter Helen said her fondest childhood memories IN THE HOUSE OF REPRESENTATIVES his juris doctor from LaSalle University. In include going to the movies with her father 1937, Mr. Shores passed the Alabama State and sister Barbara. Tuesday, February 11, 1997 Bar Examination. As a newly practicing attor- ``Every Sunday for as long as I can remem- ney, he faced many forms of racial discrimina- ber he took us to the Eighth Avenue Theater Mr. RICHARDSON. Mr. Speaker, it is with tion and resistance in his profession, but tri- to watch the serials and the western movies, great sadness that I received the news of my umphed nonetheless. rain or shine,'' she said. ``If he flew out of friend Samuel Wise's passing. Ambassador Mr. Shores was the only black practicing at- town, he always came back to take us to the Wise was a great public servant for the United torney in Alabama in the early 1940's. He movies, even if he had to fly out on Monday.'' States, and he will be missed dearly. practiced civil rights law all over the State of ``He was my best friend. I could always de- His service to the United States during the Alabama. However, he was also called upon pend on him. He was always there, even for the grandchildren. Those who knew my father cold war exemplifies what is best about the to handle cases outside of the State that had national significance. For example, he was will tell you he was a very humble man. He U.S. foreign policy. Samuel was an outspoken one of the NAACP lawyers associated with the was always one to turn the other cheek. Even defender of dissidents, refuseniks, prisoners of Brown versus Board of Education case. He when they bombed his house twice, I never conscience, and other individuals caught also represented notable civil rights pioneers heard him say one unkind word about any- under the grinding strictures of tyranny. such as Dr. Martin Luther King, Jr., Autherine body,'' she concluded. His legacy will be the hope he brought to Lucy, Rev. Fred Shuttlesworth, and Vivian Ma- Arthur Shores will be remembered for the those he helped free from oppression, and the lone. court cases he won, the legal precedents he process he helped create which seeks to ad- Arthur Shores' civil rights work on behalf of set, and the role he played in tearing down all Alabamians is his living legacy for my barriers; however, it is the comments from his vance human civilization. The United States State. He not only was part of change during daughter Helen that really show you the and the world has lost a great man and a true the civil rights era, but he made it happen measure of the man. Arthur Shores was a humanitarian. I will miss him and his counsel. through his exceptional achievement as a civil man for all seasonsÐsmart, dedicated, com- rights jurist. He is regarded as one of the most passionate, and humble. I am honored to have brilliant and courageous pioneers in jurispru- known him and to have considered him my dence and social justice in this country. He friend. Tuesday, February 11, 1997 Daily Digest

HIGHLIGHTS Senate confirmed Bill Richardson as U.S. Ambassador to the United Nations. Senate Transmitting the report of proposed rescissions of Chamber Action budgetary resources; which was referred jointly, pur- Routine Proceedings, pages S1203–S1249 suant to the order of January 30, 1975, to the Com- Measures Introduced: Eight bills and two resolu- mittee on the Budget, to the Committee on Appro- tions were introduced, as follows: S. 296–303, and priations, to the Committee on Agriculture, Nutri- S. Res. 52–53. Page S1226 tion, and Forestry, to the Committee on Armed Services, to the Committee on Energy and Natural Balanced Budget Constitutional Amendment: Resources, to the Committee on Banking, Housing, Senate continued consideration of S.J. Res. 1, pro- and Urban Affairs, to the Committee on the Judici- posing an amendment to the Constitution of the ary, to the Committee on Governmental Affairs, and United States to require a balanced budget, taking to the Committee on Finance. (PM–14). Page S1224 action on the following amendments proposed there- to: Pages S1203±10, S1211±12, S1219±23 Nominations Confirmed: Senate confirmed the fol- Rejected: lowing nominations: Wellstone Amendment No. 3, to state the policy By unanimous vote of 100 yeas (Vote No. 9 EX), of the United States that, in achieving a balanced Bill Richardson, of New Mexico, to be the Rep- budget, Federal outlays should not be reduced in a resentative of the United States of America to the manner that disproportionately affects outlays for United Nations with the rank and status of Ambas- education, nutrition, and health programs for poor sador, and the Representative of the United States of children. (By 64 yeas to 36 nays (Vote No. 8), Sen- America in the Security Council of the United Na- ate tabled the amendment.) Pages S1203±10 tions. Pages S1213±19, S1249 Pending: Dodd Amendment No. 4, to simplify the condi- Nominations Received: Senate received the follow- tions for a declaration of an imminent and serious ing nominations: threat to national security. Pages S1222±23 Tracey D. Conwell, of Texas, to be a Member of A unanimous-consent time agreement was reached the National Museum Services Board for a term ex- providing for the further consideration of the pend- piring December 6, 2001. ing amendment beginning at 1:30 p.m., on Wednes- Joaquin L. G. Salas, of Guam, to be United States day, February 12, 1997, with a vote to occur thereon Marshal for the District of Guam and concurrently at 5:30 p.m. Page S1223 United States Marshal for the District of the North- Messages From the President: Senate received the ern Mariana Islands for the term of four years. following messages from the President of the United Mary Ann Gooden Terrell, of the District of Co- States: lumbia, to be an Associate Judge of the Superior Transmitting a report concerning the International Court of the District of Columbia for the term of Whaling Commission; referred to the Committee on fifteen years. Commerce, Science, and Transportation. (PM–13). Patricia A. Broderick, of the District of Columbia, Page S1224 to be an Associate Judge of the Superior Court of D101 D102 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 1997 the District of Columbia for the term of fifteen White, Deputy Secretary of Defense; John years. Kornblum, Assistant Secretary of State for Canadian 7 Coast Guard nominations in the rank of admi- and European Affairs; and Gen. John M. ral. Shalikashvili, USA, Chairman, Joint Chiefs of Staff. 1 Marine Corps list. Pages S1247±49 Messages From the President: Page S1224 CONSUMER PRICE INDEX Messages From the House: Page S1225 Committee on Finance: Committee resumed hearings to examine the findings and recommendations of the Communications: Page S1225 Advisory Commission to Study the Consumer Price Executive Reports of Committees: Pages S1225±26 Index, receiving testimony from Katharine G. Abra- Statements on Introduced Bills: Pages S1226±39 ham, Commissioner, Bureau of Labor Statistics, De- partment of Labor; Barry P. Bosworth, Brookings In- Additional Cosponsors: Pages S1239±40 stitution, and Linda Chavez-Thompson, AFL–CIO, Amendments Submitted: Page S1240 both of Washington, D.C.; Esther Canja, American Association of Retired Persons, Port Charlotte, Flor- Authority for Committees: Page S1240 ida; Martin Feldstein, National Bureau of Economic Additional Statements: Pages S1240±47 Research, Cambridge, Massachusetts; Meredith Record Votes: Two record votes were taken today. Bagby, The Third Millennium, New York, New (Total—9) Pages S1210, 1219 York; and James L. Martin, 60 Plus Association, Ar- lington, Virginia. Adjournment: Senate convened at 2:15 p.m. and Committee will meet again tomorrow. adjourned at 5:57 p.m., until 9:30 a.m., on Wednes- day, February 12, 1997. (For Senate’s program, see NOMINATION/SUBCOMMITTEE the remarks of the Acting Majority Leader in today’s MEMBERSHIP Record on page S1247.) Committee on Foreign Relations: Committee ordered fa- Committee Meetings vorably reported the nomination of Bill Richardson, of New Mexico, to be the Representative of the (Committees not listed did not meet) United States to the United Nations with the rank and status of Ambassador, and the Representative of COMMODITY EXCHANGE ACT REFORM the United States in the Security Council of the Committee on Agriculture, Nutrition, and Forestry: Com- United Nations. mittee held hearings on S. 257, to amend the Com- Also, committee announced the following sub- modity Exchange Act to improve the Act by stream- committee assignments: lining U.S. futures trading law and conforming it to Subcommittee on African Affairs: Senators Ashcroft the changing competitive environment, receiving (Chair), Grams, Frist, Feingold, and Sarbanes. testimony from Brooksley Born, Chairperson, Com- Subcommittee on East Asian and Pacific Affairs: Sen- modity Futures Trading Commission; Roger L. An- ators Thomas (Chair), Frist, Lugar, Coverdell, Hagel, derson, Deputy Assistant Secretary of the Treasury Kerry, Robb, Feingold, and Feinstein. for Federal Finance; Patrick H. Arbor, Chicago Subcommittee on European Affairs: Senators Gordon Board of Trade, and Jack F. Sandner, Chicago Mer- Smith (Chair), Lugar, Ashcroft, Hagel, Thomas, cantile Exchange, both of Chicago, Illinois; and Dan- Biden, Wellstone, Sarbanes, and Dodd. iel Rappaport, New York Mercantile Exchange, and Subcommittee on International Economic Policy, Export Walter Hines, Coffee, Sugar, and Cocoa Exchange, and Trade Promotion: Senators Hagel (Chair), Thomas, both of New York, New York. Frist, Coverdell, Sarbanes, Biden, and Wellstone. Hearings continue on Thursday, February 13. Subcommittee on International Operations: Senators Grams (Chair), Helms, Brownback, Gordon Smith, BOSNIA Feinstein, Dodd, and Kerry. Committee on Armed Services: Committee met in closed Subcommittee on Near Eastern and South Asian Af- session to receive a briefing on the situation in fairs: Senators Brownback (Chair), Gordon Smith, Bosnia and the status of United States military forces Grams, Helms, Ashcroft, Robb, Feinstein, participating in the Stabilization Force from John P. Wellstone, and Sarbanes. February 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D103 Subcommittee on Western Hemisphere, Peace Corps, and Human Services; Olena Berg, Assistant Secretary Narcotics and Terrorism: Senators Coverdell (Chair), of Labor, Pension and Welfare Benefits Administra- Helms, Lugar, Brownback, Dodd, Kerry, and Robb. tion; J. Mark Iwry, Benefits Tax Counsel, Depart- HEALTH INSURANCE PORTABILITY AND ment of the Treasury; Joy Johnson Wilson, National ACCOUNTABILITY ACT Association of Insurance Commissioners, Chris Peter- sen, Health Insurance Association of America, Susan Committee on Labor and Human Resources: Committee E. Nestor, Blue Cross-Blue Shield, and Gail Shearer, concluded oversight hearings on the implementation Consumers Union, all of Washington, D.C.; Jose- of the Health Insurance Portability and Accountabil- ity Act (Public Law 104–191), focusing on the Fed- phine Musser, National Association of Insurance eral and State regulatory process of implementing in- Commissioners, Madison, Wisconsin; and Terry surance reform provisions, after receiving testimony Humo, Sedgwick Noble Lowndes, Roseland, New from Bruce C. Vladeck, Administrator, Health Care Jersey, on behalf of the Association of Private Pen- Financing Administration, Department of Health sion and Welfare Plans. D104 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 1997 House of Representatives Meeting Hour: Agreed that when the House ad- Chamber Action journs today, it adjourn to meet at 10 a.m. on Bills Introduced: 27 public bills, H.R. 666–692; Wednesday, February 12. Page H445 and 8 resolutions, H.J. Res. 48–50, H. Con. Res. Amendments Ordered Printed: Amendments or- 18–19, and H. Res. 48–50 were introduced. dered printed pursuant to the rule appear on pages Pages H451±53 H453. Reports Filed: Reports were filed as follows: H. Res. 46, providing for consideration of H.R. Quorum Calls—Votes: No quorum calls or votes 581, to amend Public Law 104–208 to provide that developed during the proceedings of the House the President may make funds appropriated for pop- today. ulation planning and other population assistance Adjournment: Met at 12:30 p.m. and adjourned at available on March 1, 1997, subject to restrictions 6:30 p.m. on assistance to foreign organizations that perform or actively promote abortions (H. Rept. 105–3); and Committee Meetings H. Res. 47, providing for consideration of H.J. Res. 2, proposing an amendment to the Constitution LABOR-HHS-EDUCATION of the United States with respect to the number of APPROPRIATIONS terms of office of Members of the Senate and the Committee on Appropriations: Subcommittee on Labor, House of Representatives (H. Rept. 105–4). Health and Human Services, and Education held a Pages H435±36, H451 hearing on the Secretary of Health and Human Serv- Speaker Pro Tempore: Read a letter from the ices, the Health Care Financing Administration and Speaker wherein he designated Representative Miller the Agency for Health Care Policy and Research. of Florida to act as Speaker pro tempore for today. Testimony was heard from the following officials of the Department of Health and Human Services: Page H409 Donna E. Shalala, Secretary; Bruce C. Vladeck, Ad- Recess: The House recessed at 12:49 p.m. and re- ministrator, Health Care Financing Administration; convened at 2 p.m. Page H411 and Clifton R. Gaus, Administrator, Agency for Gallaudet University: The Speaker announced his Health Care Policy and Research. appointment of Representative LaHood as a member LEGISLATIVE APPROPRIATIONS of the Board of Trustees of Gallaudet University. Committee on Appropriations: Subcommittee on Legisla- Page H411 tive held a hearing on the CBO, the U.S. Capitol Harry S Truman Scholarship Foundation: The Police, the Office of Compliance, the Joint Commit- Speaker announced his appointment of Representa- tee on Printing, the GPO, and the GAO. Testimony tives Emerson and Skelton as members of the Board was heard from Senator Warner; June E. O’Neill, of Trustees of the Harry S Truman Scholarship Director, CBO; Gregory S. Casey, Sergeant At Arms, Foundation. Page H411 U.S. Senate; Wilson Livingood, Sergeant at Arms, Messages from the President: Read the following U.S. House of Representatives; Alan M. Hantman, messages from the President: Architect of the Capitol; Gary L. Abrecht, Chief, Budget Rescissions and Deferrals: Message wherein he U.S. Capitol Police; the following officials of the Of- transmits his report on proposed rescissions of budg- fice of Compliance: Virginia Seitz, member of the etary resources and a revised deferral—referred to the Board; R. Gaull Silberman, Executive Director; and Committee on Appropriations and ordered printed Dennis Duffy, General Counsel; the following offi- (H. Doc. 105–44); and Page H421 cials of the GPO: Michael F. DiMario, Public Print- Canadian Whaling Activities: Message wherein he er; Wayne P. Kelley, Superintendent of Documents; transmits his report concerning Canadian whaling William M. Guy, Budget Officer; and Charles C. activities—referred to the Committees on Inter- Cook, Superintendent, Congressional Printing Man- national Relations and Resources and ordered printed agement Division; and James F. Hinchman, Acting (H. Doc. 105–45). Pages H421±22 Comptroller General, GAO. February 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D105 FINANCIAL SERVICES MODERNIZATION the Capitol for a ceremony as part of the commemo- Committee on Banking and Financial Services: Sub- ration of the days of remembrance of victims of the committee on Financial Institutions and Consumer Holocaust. Credit held a hearing on Financial Services Mod- The Committee also approved the following for ernization legislation including H.R. 268, Deposi- the l05th Congress: oversight plan; and committee tory Institution Affiliation and Thrift Charter Con- budget. version Act. Testimony was heard from public wit- ADMINISTRATION’S INTERNATIONAL nesses. AFFAIRS BUDGET REQUEST; OVERSIGHT Hearings continue February 13. PLAN ADMINISTRATION’S BUDGET Committee on International Affairs: Held a hearing on the Administration’s International Affairs Budget re- Committee on the Budget: Held a hearing on the Ad- quest for fiscal year 1998. Testimony was heard from ministration’s Budget for Fiscal Year 1998. Testi- Madeleine K. Albright, Secretary of State. mony was heard from Franklin D. Raines, Director, Prior to the hearing, the Committee approved an OMB. oversight plan for the 105th Congress. DEPARTMENT OF ENERGY—PROPOSED OVERSIGHT—ILLEGAL IMMIGRATION AND BUDGET IMMIGRANT RESPONSIBILITY ACT Committee on Commerce: Subcommittee on Energy and Committee on the Judiciary: Subcommittee on Immi- Power held a oversight hearing on the Department gration and Claims held an oversight hearing regard- of Energy’s proposed budget for fiscal year 1998. ing Title III of the Illegal Immigration Reform and Testimony was heard from the following officials of Immigrant Responsibility Act of 1996. Testimony the Department of Energy: Charles B. Curtis, Acting was heard from Paul W. Virtue, Acting Executive Secretary; Kyle Simpson, Assistant Deputy Secretary; Associate Commissioner, Programs, Immigration and and Alvin L. Alm, Assistant Secretary, Environ- Naturalization Service, Department of Justice. mental Management. PERSIAN GULF WAR ILLNESSES ARMORED CAR RECIPROCITY Committee on National Security: Subcommittee on Mili- AMENDMENTS tary Personnel held a hearing on the status of the in- Committee on Commerce: Subcommittee on Tele- vestigation into Persian Gulf War illnesses. Testi- communications, Trade, and Consumer Protection mony was heard from Elaine Larsen, member, Presi- approved for full Committee action H.R. 624, Ar- dential Advisory Committee on Gulf War Veterans’ mored Car Reciprocity Amendments of 1997. Illnesses; and the following officials of the Depart- Prior to this action, the subcommittee held a ment of Defense: Bernard Rostker, Assistant Sec- hearing on this measure. Testimony was heard from retary, Manpower and Reserve Affairs and Special public witnesses. Assistant for Gulf War Illnesses; and Stephen Jo- REFORM—MAJOR FEDERAL JOB TRAINING seph, M.D., Assistant Secretary, Health Affairs. PROGRAMS TERM LIMITS CONSTITUTIONAL Committee on Education and the Workforce: Subcommit- AMENDMENT; OVERSIGHT PLAN; tee on Postsecondary Education, Training and Life- COMMITTEE BUDGET Long Learning held a hearing on Reform of the Committee on Rules: Granted, by voice vote, a modi- Major Federal Job Training Programs. Testimony fied closed rule providing 2 hours of debate on H.J. was heard from John Engler, Governor, State of Res. 2, proposing an amendment to the Constitution Michigan; and David Steele, Senator, State of Utah; of the United States with respect to the Constitution William A. Johnson, Jr., Mayor, Rochester, New of the United States with respect to the number of York; and public witnesses. terms of office of Members of the Senate and the House of Representatives. MISCELLANEOUS MEASURE; OVERSIGHT The rule makes in order only those amendments PLAN; AND COMMITTEE BUDGET in the nature of a substitute printed in the report Committee on House Oversight: Ordered reported H. of the Committee on Rules. The rule provides that Con. Res. 11, permitting the use of the rotunda of each amendment may be offered only in the order D106 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 1997 specified in the report, may be offered only by the the Health Consequences of Service During the Per- member specified, shall be considered as read, shall sian Gulf War, Institute of Medicine; Thomas be debatable for the time specified in the report Garthwaite, M.D., Deputy Under Secretary, Health, equally divided and controlled by the proponent and Department of Veterans’ Affairs; the following offi- an opponent, and shall not be subject to amend- cials of the Department of Defense: Stephen Joseph, ment. M.D., Assistant Secretary, Health Affairs; and Ber- The rule provides that if more than one amend- nard Rostker, Special Assistant to the Deputy Sec- ment is adopted, then only the one receiving the retary for Gulf War Illnesses; Richard Jackson, most affirmative votes is considered as adopted; in M.D., Director, National Center for Environmental the case of a tie, the last such amendment is adopt- Health, Center for Disease Control and Prevention, ed. The rule provides that the Chairman of the Com- Department of Health and Human Services; rep- mittee of the Whole may postpone a request for a resentatives of veterans organizations; and public recorded vote on any amendment, and reduce to five witnesses. minutes the voting time on the second and subse- quent votes in a series. Finally, the rule provides one ADMINISTRATION’S BUDGET motion to recommit with or without instructions. Committee on Ways and Means: Held a hearing on the Testimony was heard from Chairman Hyde, Rep- Administration’s fiscal year 1998 Budget. Testimony resentatives McCollum, Inglis, Hutchinson, Petri, was heard from Robert E. Rubin, Secretary of the Hefley, Fowler, Christensen, Graham, Sanford, Treasury. Blunt, Gibbons, Frank of Massachusetts, Scott, Jackson-Lee of Texas, and Dingell. Joint Meetings Prior to this action, the Committee approved the following for the 105th Congress: oversight plan; VFW PROGRAMS and the committee budget. Joint Hearing: Senate Committee on Veterans’ Affairs FAMILY PLANNING FACILITATION AND concluded joint hearings with the House Committee ABORTION FUNDING RESTRICTION ACT on Veterans’ Affairs to review the legislative rec- ommendations of the Veterans of Foreign Wars of Committee on Rules: Granted, by voice vote, a closed the United States, after receiving testimony from rule providing 1 hour of debate on H.R. 581, Fam- James Nier, Veterans of Foreign Wars of the United ily Planning Facilitation and Abortion Funding Re- States, Washington, D.C., who was accompanied by striction Act of 1997, equally divided and controlled several of his associates. by Representative Smith of New Jersey or his des- ignee and a Member opposed to the bill. The rule f also provides one motion to recommit. Testimony COMMITTEE MEETINGS FOR was heard from Representatives Smith of New Jer- WEDNESDAY, FEBRUARY 12, 1997 sey, Oberstar, Pelosi, and Lowey. (Committee meetings are open unless otherwise indicated) BRIEFING—SECURE COMMUNICATIONS Committee on Science: Subcommittee on Technology Senate held a briefing on Secure Communications. The Sub- Committee on Armed Services, to hold hearings on pro- committee was briefed by public witnesses. posed legislation authorizing funds for fiscal year 1998 for the Department of Defense and the future years de- FINDINGS AND RECOMMENDATIONS— fense program, 2:45 p.m., SH–216. PRESIDENTIAL ADVISORY COMMISSION Committee on Banking, Housing, and Urban Affairs, busi- ON GULF WAR ILLNESSES ness meeting, to consider the nomination of Janet L. Committee on Veterans’ Affairs: Held a hearing to re- Yellen, of California, to be a Member of the Council of Economic Advisers, 10:30 a.m., SD–538. view the findings and recommendations of the Presi- Committee on the Budget, to hold hearings on issues relat- dential Advisory Commission on Gulf War Veterans’ ing to public investment, 10 a.m., SD–608. illnesses. Testimony was heard from Maj. Marguerite Committee on Environment and Public Works, to hold hear- Knox, committee member, Presidential Advisory ings on the ozone and particulate matter standards pro- Committee on Gulf War Veterans’ Illnesses; Philip posed by the Environmental Protection Agency, 9:30 K. Russell, M.D., member, Committee to Review a.m., SD–406. February 11, 1997 CONGRESSIONAL RECORD — DAILY DIGEST D107

Committee on Finance, to hold hearings on the Adminis- Committee on Commerce, Subcommittee on Health and tration’s budget and revenue proposals for fiscal year Environment, oversight hearing on the Department of 1998, 10 a.m., SD–215. Health and Human Services’ proposed budget for fiscal Subcommittee on Health Care, to hold hearings to ex- year 1998, 10 a.m., 2322 Rayburn. amine the financial crisis in the Medicare system, 2 p.m., Subcommittee on Telecommunications, Trade, and SD–215. Consumer Protection, on Spectrum Management Policy, Committee on Governmental Affairs, Subcommittee on 10 a.m., 2123 Rayburn. International Security, Proliferation and Federal Services, Committee on Education and the Workforce, Subcommittee to hold hearings on the future of nuclear deterrence, 9:30 on Employer-Employee Relations, hearing on Defusing a.m., SD–342. the Retirement Timebomb: Encouraging Pension Savings, Committee on Labor and Human Resources, to hold hear- 10 a.m., 2175 Rayburn. ings on the implementation of the Teamwork for Em- Committee on Government Reform and Oversight, hearing on ployees and Managers Act (TEAM), 9:30 a.m., SD–430. the ‘‘Government Performance and Results Act: Sensible Committee on Rules and Administration, business meeting, Government for the Next Century,’’ 10 a.m., and to hold to mark up proposed legislation authorizing biennial ex- an organizational meeting, 3 p.m., 2154 Rayburn. penditures by standing, select, and special committees of Committee on International Relations, Subcommittee on the Senate, and to consider other pending legislative and International Economic Policy and Trade, hearing on the administrative business, 9:30 a.m., SR–301. Future of the Overseas Private Investment Corporation Committee on Small Business, to hold hearings on the (OPIC), 10 a.m., 2172 Rayburn. nomination of Aida Alvarez, of New York, to be Admin- Committee on the Judiciary, Subcommittee on Crime, istrator of the Small Business Administration, 9:30 a.m., oversight hearing on the FBI investigation into the SR–428A. Khobar Towers bombing in Dhahran, Saudi Arabia and on Foreign FBI Investigations, 10 a.m., 2226 Rayburn. House Committee on National Security, hearing on the fiscal year Committee on Appropriations, Subcommittee on Agri- 1998 national defense authorization request, 9:30 a.m., culture, Rural Development, Food and Drug Administra- 2118 Rayburn. tion, and Related Agencies, on Inspector General Over- Committee on Science, hearing on the Status of Russian view, 12:30 p.m., 2362A Rayburn. Participation in the International Space Program, 1 p.m. Subcommittee on Foreign Operations, Export Financ- 2318 Rayburn. ing and Related Programs, on Secretary of State, 10 a.m. Committee on Transportation and Infrastructure, Sub- 2360 Rayburn. committee on Surface Transportation, hearing on ISTEA Subcommittee on Labor, Health and Human Services, Comprehensive Reauthorization Proposals: ISTEA Integ- and Education, on Substance Abuse and Mental Health rity Restoration Act (STEP 21) Transportation Services Administration and the Office of the Inspector Empowerment Act (Devolution) ISTEA Works, 9:30 General, 10 a.m., and on the Health Resources and Serv- a.m., 2167 Rayburn. ices Administration, 2 p.m., 2358 Rayburn. Committee on Ways and Means, to continue hearings on Subcommittee on Legislative, on Joint Economic Com- the Administration’s fiscal year 1998 Budget, 9:30 a.m., mittee and the Library of Congress, 9:30 a.m., on the Ar- to mark up the Airport and Airway Trust Fund Tax Re- chitect of the Capitol/Botanic Garden; Members of Con- instatement Act of 1997; and to consider an oversight gress; and public witnesses, 1 p.m., H–144 Capitol. plan for the 105th Congress, 3 p.m., 1100 Longworth. D108 CONGRESSIONAL RECORD — DAILY DIGEST February 11, 1997

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, February 12 10 a.m., Wednesday, February 12

Senate Chamber House Chamber Program for Wednesday: After the recognition of four Program for Wednesday: Consideration of H.J. Res. 2, Senators for speeches and the transaction of any routine proposing a Term Limits Amendment to the Constitution morning business (not to extend beyond 11 a.m.), Senate of the United States (modified closed rule, 2 hours of will continue consideration of S.J. Res. 1, Balanced Budg- general debate). et Constitutional Amendment. Senate may also consider any legislative and executive items cleared for consideration.

Extensions of Remarks, as inserted in this issue

HOUSE Goss, Porter J., Fla., E211 Ros-Lehtinen, Ileana, Fla., E214 Hamilton, Lee H., Ind., E204 Sabo, Martin Olav, Minn., E217 Andrews, Robert E., N.J., E204 Hilliard, Earl F., Ala., E217, E218, E220 Skaggs, David E., Colo., E215 Baker, Richard H., La., E217 Houghton, Amo, N.Y., E215 Slaughter, Louise McIntosh, N.Y., E210 Castle, Michael N., Del., E219 Kennelly, Barbara B., Conn., E205 Smith, Christopher H., N.J., E219 Coble, Howard, N.C., E201 Lantos, Tom, Calif., E213 Stokes, Louis, Ohio, E206 Dickey, Jay, Ark., E212 Livingston, Bob, La., E202, E212 Towns, Edolphus, N.Y., E216 Dunn, Jennifer, Wash., E214 Murtha, John P., Pa., E211 Traficant, James A., Jr., Ohio, E201, E204, E209, E214 Fazio, Vic, Calif., E205 Ortiz, Solomon P., Tex., E211, E218 Visclosky, Peter J., Ind., E210, E217 Frelinghuysen, Rodney P., N.J., E215 Ramstad, Jim, Minn., E213 Woolsey, Lynn C., Calif., E216, E219 Gallegly, Elton, Calif., E216 Richardson, Bill, N.M., E207, E220 Gilman, Benjamin A., N.Y., E211, E218 Rogers, Harold, Ky., E202, E205

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