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

Vol. 144 WASHINGTON, MONDAY, MAY 18, 1998 No. 63 House of Representatives The House met at 12 noon and was NER) come forward and lead the House Chair, on behalf of the Majority Lead- called to order by the Speaker pro tem- in the Pledge of Allegiance. er, in consultation with the Demo- pore (Mr. MILLER of Florida). Mr. FILNER led the Pledge of Alle- cratic Leader, appoints Bernard f giance as follows: Rapoport of Texas to the Library of I pledge allegiance to the Flag of the Congress Trust Fund Board for a term DESIGNATION OF THE SPEAKER United States of America, and to the Repub- of 5 years. PRO TEMPORE lic for which it stands, one nation under God, The message also announced that in The SPEAKER pro tempore laid be- indivisible, with liberty and justice for all. accordance with sections 1928a–1928d of fore the House the following commu- f title 22, United States Code, as amend- nication from the Speaker: MESSAGE FROM THE SENATE ed, the Chair, on behalf of the Vice President, appoints the Senator from WASHINGTON, DC, A message from the Senate by Mr. Arkansas (Mr. HUTCHINSON May 18, 1998. Lundregan, one of its clerks, an- ) as a mem- I hereby designate the Honorable DAN MIL- nounced that the Senate had passed ber of the Senate Delegation to the LER to act as Speaker pro tempore on this North Atlantic Assembly during the day. without amendment a bill of the House of the following title: Second Session of the One Hundred NEWT GINGRICH, Fifth Congress, to be held in Barcelona, Speaker of the House of Representatives. H.R. 3565. An act to amend Part L of the Omnibus Crime Control and Safe Streets Act Spain, May 22–27, 1998. f of 1968. f PRAYER The message also announced that the APPOINTMENT AS MEMBER TO The Chaplain, Reverend James David Senate passed a bill of the following COMMISSION ON ADVANCEMENT Ford, D.D., offered the following pray- title, in which concurrence of the OF FEDERAL LAW ENFORCE- er: House is requested: MENT As we come together for prayer this S. 1525. An act to provide financial assist- day, gracious God, we ask Your bless- ance for higher education to the dependents The SPEAKER pro tempore. Pursu- ing upon us and upon all people. We of Federal, State, and local public safety of- ant to the provisions of Section know not the petitions of each person, ficers who are killed or permanently and to- 806(c)(1) of Public Law 104–132 and the tally disabled as the result of a traumatic in- order of the House Thursday, May 14, and we know not all the needs. Some jury sustained in the line of duty. seek healing and some seek a new di- 1998, the Speaker on Friday, May 15, The message also announced that the rection; some seek renewal and a great 1998, did appoint the following Member Senate agrees to the amendments of vision; and some seek peace for a trou- on the part of the House to the Com- the House to the bill (S. 1605) ‘‘An Act bled soul. Whatever the need, O God, mission on the Advancement of Federal to establish a matching grant program and whatever the circumstance, You Law Enforcement to fill the existing to help States, units of local govern- have promised to be with us and bless vacancy thereon: ment, and Indian tribes to purchase us. For all Your blessings in our lives, Mr. Robert E. Sanders of Florida. armor vests for use by law enforcement we offer this prayer of thanksgiving f officers.’’. and praise. Amen. The message also announced that SPECIAL ORDERS f pursuant to Public Law 103–227, the The SPEAKER pro tempore. Under THE JOURNAL Chair, on behalf of the President pro the Speaker’s announced policy of Jan- tempore and upon the recommendation uary 7, 1997, and under a previous order The SPEAKER pro tempore. The of the Majority Leader, appoints the Chair has examined the Journal of the of the House, the following Members following individuals to the National will be recognized for 5 minutes each. last day’s proceedings and announces Skill Standards Board: to the House his approval thereof. Jon A. Reeves, of Mississippi, Rep- f Pursuant to clause 1, rule I, the Jour- resentative of Business; The SPEAKER pro tempore. Under a nal stands approved. Ronald K. Robinson, of Mississippi, previous order of the House, the gen- f Representative of Labor; and tleman from Texas (Mr. EDWARDS) is Earline N. Ashley, of Mississippi, recognized for 5 minutes. PLEDGE OF ALLEGIANCE Representative of Human Resources. (Mr. EDWARDS addressed the House. The SPEAKER pro tempore. Will the The message also announced that His remarks will appear hereafter in gentleman from California (Mr. FIL- pursuant to Public Law 102–246, the the Extensions of Remarks.)

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.

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VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H3358 CONGRESSIONAL RECORD — HOUSE May 18, 1998 THANKS TO MEMBERS FOR HELP pressed people everywhere. Your work Some join to ‘‘be all that they can WITH FREEDOM FROM RELI- here in the Congress helped send this be.’’ They want to prove to themselves GIOUS PERSECUTION ACT message, and I am truly grateful. that they are able to meet the phys- The SPEAKER pro tempore. Under a Mr. FILNER. Mr. Speaker, will the ical, mental, and emotional challenges. previous order of the House, the gen- gentleman yield? Others join because they want to be- tleman from California (Mr. WOLF) is Mr. WOLF. I yield to the gentleman long to a group, a group that has a pur- recognized for 5 minutes. from California. pose. There are as many reasons to join Mr. WOLF. Mr. Speaker, last week, Mr. FILNER. Mr. Speaker, I thank our Nation’s military as there are peo- the House of Representatives passed the gentleman from Virginia (Mr. ple who have signed up. the Freedom From Religious Persecu- WOLF). He has thanked a lot of people, Mr. Speaker, there is one underlying tion Act, H.R. 2431, by an over- and I think people across America and reason that is shared by all the en- whelming vote. around the world should know that a listed personnel and officers who cur- I wanted to share with my colleagues piece of legislation like this does not rently serve, who have ever served, and a letter from Wei Jingsheng, one of just come about without persistence, who sit today at a school desk and China’s most noted political dissidents, without passion, and without leader- dream of serving. They all love this who was watching in the gallery the ship. country, and they all want to see that vote and who was also watching on tel- In the 6 years that I have been here, America stays strong, independent and evision in another Member’s office, he has led the way, the gentleman from free. They all believe that they can who said that the vote on H.R. 2431 Virginia (Mr. WOLF), for speaking make a difference in this country and was, and I quote, ‘‘a blow sent to op- about human rights and preservation that their best opportunity for making pression and a vote for freedom.’’ He of human rights, freedom from reli- that difference is through serving our country by helping to defend it against went on to say, ‘‘I am encouraged by gious persecution, all over the world. aggression. the friends in the United States Con- We are grateful for him and for his leadership. This would not have passed That is why this case is so sad and gress and it gives hope to all those heartbreaking. struggling on behalf of Chinese.’’ without him, and we are all grateful to him. Chaplain Willie Williams, Lieutenant Mr. Speaker, I want to personally Commander Cheryl Washington, and thank the 375 Members who helped Mr. WOLF. Mr. Speaker, I thank the gentleman for his comments. scores of others have been let down, send this message of hope. have been treated unfairly and un- But, passing H.R. 2431 in the House of f justly, have been abused, and have been Representatives would not have been VIOLATION OF RIGHTS OF CHAP- betrayed. They have been betrayed by possible without the help, though, of LAIN WILLIE WILLIAMS AND the people who they served with, the many, many people. I want to take this COMDR. CHERYL WASHINGTON people they trusted to do what was opportunity to thank the men and right, the people they willingly allowed women here on Capitol Hill who The SPEAKER pro tempore. Under a previous order of the House, the gen- to lead them, whom they willingly worked long and hard to move forward would follow into battle. If this con- this bill. I am grateful for their dedica- tleman from California (Mr. FILNER) is recognized for 5 minutes. tinues much further, Mr. Speaker, they tion. will have been betrayed by the institu- I would especially like to thank Mr. FILNER. Mr. Speaker, last week, my friend and colleague, the gen- tion that they loved, the United States Steve Rademaker, Chief Counsel of the Navy. House Committee on International Re- tleman from Illinois (Mr. RUSH) spoke to us in this Chamber about the unfair I was first contacted by Chaplain lations; Joseph Rees, Staff Director Willie Williams in January of this treatment of two dedicated Navy offi- and Chief Counsel on the Sub- year. He had some very serious allega- cers, Chaplain Willie Williams and Lt. committee on International Operations tions to make. He claimed that a Commander Cheryl Washington. Sim- on Human Rights; Brian Gunderson, young woman had been sexually as- ply stated, this case is a tragedy. It is Deputy Chief of Staff for the Majority saulted numerous times and that, when a tragedy in all aspects. Leader; Heidi Stirrup, Policy Advisor he reported this, he himself became the The first tragedy was the heinous as- to the Majority Leader; and Gardner subject of investigation, and that the sault, a gang rape, that occurred at Peckham, Foreign Policy Advisor to subsequent investigation was con- Miramar Naval Air Station in San the Speaker. ducted with a complete lack of integ- Diego. Lives have been altered, I also appreciate the tireless efforts rity, thoroughness, and efficiency. of Carolyn Bartholomew with the office changed and ruined. And only through I found this allegation, Mr. Speaker, of the gentlewoman from California tremendous faith and human will can very troubling. I represent a ‘‘Navy (Ms. PELOSI), Bob Zachritz with the of- this incident, this crime, ever be reck- town.’’ Many of you in this body have fice of the gentleman from Ohio (Mr. oned with and overcome. made official trips to San Diego to re- HALL), and Steve Golob and Rick The next tragedy was the treatment view our naval facilities there. There is Kessler with the office of the gen- of a Navy Chaplain who only wanted to no better Naval port in the world and tleman from California (Mr. BERMAN), tell the truth. Someone who only tried no place where the quality of life for Mark Lagon with the office of the gen- to do what was right and just. Someone the men and women serve in the Navy tleman from California (Mr. COX), and who saw wrong and tried to right it, is better. Thousands of Navy personnel Amos Hochestein with the office of the who tried to make sure that justice retire to San Diego. In short, the Navy gentleman from Connecticut (Mr. prevailed. Yet, he also became a vic- has been good to San Diego, and San GEJDENSON). tim. Diego has been good to the Navy. Finally, I want to express my appre- The next tragedy, the one that is Whenever I am approached by anyone ciation to Anne Huiskes, my senior leg- most disappointing, the one I hope that who tells of a Navy injustice, I tend to islative assistant, who has worked for can be rectified, is the tragedy of the be skeptical. I want to believe the over a year to bring this bill to the response of the United States Navy. Navy, Mr. Speaker; but, with this case, floor, pouring her heart and her soul The brave men and women of our Na- there is something that was just not into this effort to help make a dif- tion join the military services for right. There was something that did ference in the lives of the persecuted many different reasons. Some join be- not ring true. people of all faiths around the world. cause they want an education, and they I hope that this case is not over. I deeply appreciate all of the efforts see the military as a way to break the Chaplain Williams has been court of the many people, some named and bonds of poverty and to better them- martialed. But he tried to do the right many more unnamed, who helped pass selves. Some join because they seek an thing. He tried to stand up for fair this important piece of legislation on adventure, an adventure that is not play, he tried to stand up for justice, behalf of those around the world who available to them in the small town and he tried to stand up for the truth. really have no other voice. where they live, or the crime-ridden I hope the Navy has not ignored these As Wei Jingsheng said, passing H.R. streets of their city, or the mundane- and chosen to follow a path that is lit- 2431 sent a positive message to op- ness of their neighborhoods. tered with racial discrimination, yes,

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE May 18, 1998 CONGRESSIONAL RECORD — HOUSE H3359 Mr. Speaker, cover-up and vindictive- have seen. I believe that once you Congress, the greatest abuse, the soft ness. make that pledge, you ought to have money, the abusive money that goes to Mr. Speaker, I call today on Navy the same position in Congress, so I the national parties, and we stop that. Secretary Dalton, as did the gentleman have stayed committed to that. Secondly, we do set up the firewalls from Illinois (Mr. RUSH), to personally While we first came here as freshmen between the States that prevents this review this case and be sure that no members of this great body, I met with money from being transferred from stone is left unturned, that every step my colleagues from across the aisles, State party to State party. Since the is taken to ensure that it is a road to the Democrat freshmen, headed up by national parties cannot raise it, they justice that is traveled by our very own the gentleman from Maine (Mr. TOM cannot channel it down to the State United States Navy. ALLEN), and then others on the Repub- parties. We also prohibit the Federal f lican side of the aisle, the gentleman candidates or their agents from helping from Montana (Mr. RICK HILL), the to raise that soft money, so this is very CAMPAIGN FINANCE REFORM gentleman from Utah (Mr. MERRILL substantial reform when it comes to The SPEAKER pro tempore. Under COOK), the gentleman from Texas (Mr. the abuse of soft money. the Speaker’s announced policy of Jan- KEVIN BRADY), and others who worked The second thing we do is that we uary 7, 1997, the gentleman from Ar- diligently crafting a bipartisan bill on provide more disclosure for the can- kansas (Mr. HUTCHINSON) is recognized campaign finance reform that does not didates and for all of the different for 60 minutes as the designee of the try to do damage to the other side but groups that are engaging in issue-type majority leader. tries to keep a level playing field, so campaigns and information to the vot- Mr. HUTCHINSON. Mr. Speaker, it is we can have a bill that will be con- ers. That is what is important, so the my pleasure to rise today to speak on stitutional, that would stop the great- candidates will reveal in a more timely behalf of a subject that this Congress est abuses, and then would be meaning- way how they are getting their money will address this week and probably ful reform. and how they are spending it, so there even after we come back from the Me- That is what we crafted after 5 is information to the public on what morial week break. The subject that months of diligent work. We came up the candidates are doing. we are going to address that I think is with this bill, and now it is the leading The next thing is information on what the issue groups are doing. We do very important to the American voter bipartisan bill on this floor. We have not want to get into a constitutionally is campaign finance reform. over 75 cosponsors to this legislation. Day after day, we see stories reported I am very grateful to the Republican questionable area about where they get in the national media about the abuses leadership who designated the fresh- their money, but the people should know who is trying to influence the of the last election on both sides of the man bill, the Bipartisan Campaign In- campaigns. Each of these groups, aisle in the enormous and consistent tegrity Act, as the bill that would whether it is the AFL-CIO, the Right chase of soft money. come forward to this body this week as to Life, or the Sierra Club, or any I know the American people who hear the base bill to engage in the debate on other group that is out there, such as these terms, probably their eyes glaze campaign finance reform. the Coalition for Better Government, over and say, what are you talking As it comes to this body, it will be who knows who they are? They should about in soft money? The soft money subject to amendments. It will be sub- be able to say who they are and how we are speaking of is simply in the ject to different substitutes that will much they are spending. terms of the $100,000, the $200,000, or be offered. I think this is good. It is a This is not an infringement upon the even the $1 million contribution that very open process. It is one that every- first amendment, this is consistent flow into the national political parties one can participate in, present their with our freedom of speech in America, from corporations, from labor unions, ideas on campaign finance reform. We but it still provides wonderful, impor- and from wealthy individuals. cannot guarantee the result. That tant information to the electorate as Ever since going back, really, to the assures that it is going to be a very to who is spending the money and who early part of the 19th century or this democratic process. is trying to influence that campaign, century, we have banned corporate After we engage in this debate I hope who they are, and how much they were money and labor union money to indi- the American people will be engaged spending. vidual candidates. Yet, even though an and they will call their representa- The next thing we do is that we index individual Federal candidate cannot re- tives, and that they will express their contributions to the rate of inflation. ceive the corporate or labor money, views as to what represents the appro- Right now the individual contribution that same money can flow in under priate change that we should have. limit has been fixed since the early court decisions to the national parties The Bipartisan Campaign Integrity 1970s. There has been no change in to be used for campaign type ads that Act will be presented this week on the that. The fact that there has not been affect our elections and affect can- House floor. We will start debate. any change has allowed that individual didates. So that is the soft money loop- Again, there will be amendments that contribution to be eroded by inflation, hole that people speak about. are offered. Let me explain basically so what was a $1,000 contribution is Particularly this last election, we what this bill does, because it is very now in effect a $300 contribution. So we saw a chase as we have not seen before simple. It is straightforward, but it is strengthen the role of individuals by in our campaigns where our national very substantial reform. indexing their contributions to the parties and our Federal candidates pur- First of all, this bill bans soft money rate of inflation. sued this soft money, the huge con- to the national political parties, again, These are important reforms that the tributions. It had a greater impact the greatest source of abuse. There are Bipartisan Campaign Integrity Act ac- than ever before. So that points up the those who say, well, it will just simply complishes. These will be the basic need for campaign finance reform. flow to the State parties at that point. parts of the reform that will be pre- People ask me, why in the world are We do not believe, under the tenth sented to this body this week. you being involved in this issue in the amendment to the United States Con- Another way to express what we are United States Congress? To me, it is stitution, that the Federal Government trying to do is that we are trying to very simple. It is the fact that, during should federalize all of the elections, empower individuals in the election my campaign, people asked me on the because if you have an election in Ar- process. How do we empower individ- campaign trail, what are you going to kansas or in Oklahoma or in Pennsyl- uals? We empower individuals under do about reforming our campaign fi- vania, you are going to have State can- this bill first of all by restraining the nance system? didates on the ballot and Federal can- voice of big money interests; in other didates on the ballot, and we should words, that is the ban on soft money. b 1215 not direct how every State party in the In order to strengthen the people’s I took the position, because I be- Nation handles money. I believe that voice, we have to restrain the big lieved in it, that we ought to ban soft the State laws should govern much of money interests in politics. In that money to our national political par- what happens at the State party level. way, it strengthens the voice of the in- ties, because of the abuses that we So we address, as the United States dividual.

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H3360 CONGRESSIONAL RECORD — HOUSE May 18, 1998 I had a letter from a worker in my What will happen down the road? portunity in this body to give some- State who had worked hard for decades What will happen if this is passed? If thing to the American people to fulfill in building the party, in raising the this legislation is passed by this body, our responsibility to them, and to ful- small contributions, contributing the first of all, I believe it gives tremen- fill our promises to them. When we do small contributions to the candidates. dous momentum for campaign finance this in a bipartisan fashion, they will She wrote me a letter and said that it reform over in the other body, the believe that we have done something seems that that voice is being drowned United States Senate. good. It will reduce cynicism in Amer- out, the voice of the small contribution Secondly, besides giving that mo- ica, it will increase confidence, and I is being drowned out by the multi- mentum, it will be held constitutional, believe that it is the most important national corporations that are feeding because we have been careful to protect thing we can do for the American citi- our national political parties with lit- the first amendment, not to tread upon zens in this United States Congress. erally millions of dollars of money. the rights of groups that are trying to Therefore, I ask my colleagues to That was her impression. So if we re- influence the elections of this country, support the Bipartisan Campaign In- strain the big money interests, we em- which is their first amendment rights. tegrity Act. I hope that as we start this power the individual. That is what we It will be held constitutional. I believe process, it will be an open and a fair are trying to do. the President will sign it because it procedure, one that we can say we are Many times the opponents to reform represents significant reform, so I proud of; and that when we finish, cite the Buckley versus Valeo decision. think it can become law. when the day is done, we will say we It is the United States Supreme Court Also, once this is passed, we will em- have passed something that is good for decision that talks about free speech, power individuals in our system of de- the American public. that talks about campaign reform. mocracy, and I believe we will f They were evaluating the reform that strengthen the role of the political par- was passed in the 1970s. ties. I am a former State party chair- ONE OF AMERICA’S WORST What the United States Supreme man, so I believe in political parties. I NATIONAL SECURITY SCANDALS Court did in the Buckley versus Valeo believe in their voice, and that their The SPEAKER pro tempore (Mr. MIL- decision was that it struck down limits voice should not be drowned out. LER of Florida). Under the Speaker’s on campaign spending, because spend- However, I do not believe we ought to announced policy of January 7, 1997, ing was free speech. It struck down nationalize everything; that there is a the gentleman from California (Mr. spending limits. Our bill does not do role of the State party, a role of the ROHRABACHER) is recognized for 60 min- anything with spending. We do believe national party, and there should be a utes as the designee of the majority that it is appropriate that everyone balance between those. Our bill leader. spends money in campaigns because strengthens individuals, strengthens Mr. ROHRABACHER. Mr. Speaker, that is speech, that is free speech, that the political parties, strengthens their what started off as leaks about Amer- is first amendment privilege. voices, and is a balance between the ican corporations upgrading Com- But the United States Supreme Court role of the candidates and the role of munist Chinese rockets and missiles is also said that it was consistent with the issue advocacy groups. It rep- today emerging as one of our country’s the first amendment to restrict, have a resents significant reform. worst national security scandals. reasonable restriction, on campaign Members might ask, is it a cure-all? What could be worse than American contributions, so that is why they Is this going to stop all the abuses? I corporations using technology, paid for upheld the $1,000 limit. It has been am afraid it is not. Any law we pass by the American taxpayer, to improve upheld, the corporate ban on contribu- out of this body, there might be some- Communist Chinese missiles and rock- tions, and the labor union ban on con- one who will sit and figure out exactly ets so they will have a better chance of tributions. They upheld the political a way to get around or avoid it. We striking the United States with nu- action committees. clear weapons? So there are reasonable restraints tried to eliminate those loopholes, but What is worse than having govern- that can be made that are consistent there is going to be a chance for reform ment watchdogs go after companies en- with the first amendment. We restrain down the road. In the 1970s, four campaign reform gaged in this betrayal of the American the voice of big money interests by bills passed this body, passed the Sen- people, and to have the prosecution of limiting their contributions and their those responsible undercut by an exec- voice, and that strengthens and em- ate, and were signed into law, four of utive action taken by none other than powers the voice of the individual in them. It has been decades since. We American democracy. have an opportunity now to pass an- President Bill Clinton? Another thing we do to empower in- other law and have it signed into en- What is worse than to find out that dividuals is to empower them with in- actment. If we can do this, then it will the executive that gave the missile formation. That is the disclosure provi- set a pattern that, yes, we might want technology to the Communist Chinese, sions, information as to where the can- to review these laws again down the as well as the Communist Chinese didates are getting their money, infor- road. There might be some areas that themselves, I might add, donated a mation as to what the issue advocacy the States need to address, but it is million dollars to the President’s re- groups are doing, who they are and how substantial reform. It is the first step election effort at the time the missile much money they are spending; who is to reform. It is reform that will give deal was in play? trying to influence the elections. momentum to this effort and return Mr. Speaker, the American people A voter out there needs to be empow- democracy to the individual, and have bent over backwards so many ered with that information to make strengthen their role. That is what we times to give their President the ben- good decisions on who they are going want to accomplish. efit of the doubt. Many think the at- to vote for, who the special interests When we look at the people that sup- tention paid to sex scandals swirling are, who is trying to influence that port campaign finance reform, from through this administration are a particular candidate, so we empower both sides of the aisle, Democrats and waste of time, even a joke, never mind that individual with the information. Republicans, former Presidents, from that the liberal establishment de- Then we empower that individual, fi- Gerald Ford to George Bush to Jimmy stroyed the career of Bob Packwood, nally, by strengthening their voice, by Carter, all have said that we ought to Senator Bob Packwood from Oregon, strengthening their contribution, ban soft money. We have academics just a few short years ago on allega- again, by indexing it to inflation, in- who look at this and say we ought to tions which were far less than what creasing their voice, increasing the do that, and that we can do it constitu- now face the President; and they also, amount that they can contribute to a tionally. Then we have leaders of re- this same liberal establishment, tried candidate. So you empower individuals form, people from both sides of the just a few short years ago to destroy in our system of democracy. I believe aisle in this House, that support this. the career of Justice Clarence Thomas that is significant reform. It is sub- Sure, there are opponents of this. with charges far less significant than stantial reform. It is important for the They are going to try to kill it at every those that are now being made against voice of democracy. turn, but I think we have a great op- the President.

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE May 18, 1998 CONGRESSIONAL RECORD — HOUSE H3361 b 1230 eryone should be able to understand, the equation, we were far superior; Also I might add that a number of every man, woman and child in our meaning American rockets were far su- military careers have been destroyed country has been put at risk by actions perior to the Chinese long march rock- by such sex scandals. Officers have of a few profit-oriented aerospace ty- ets, which is their standard rocket for been thrown out of their job, after coons. the Chinese arsenal. serving many, many years with the ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE So, thus, this Congress moved for- military, by the claim that they must The SPEAKER pro tempore. If the ward with the President of the United have the highest level of integrity, gentleman would suspend, the Chair States to make legal the launching of they must have the highest level of would like to request that the Member American satellites on top of foreign character, if they are to be trusted not refer to the President of the United rockets but with great restrictions to with the defense of our country, espe- States in the personal manner that he be placed on those satellite launches so cially when it concerns nuclear weap- just utilized. The gentleman may pro- that there would be no technology ons. But the double standard at the ceed. transfer. As I say, I agreed with that position very top, of course, is a bit over- Mr. ROHRABACHER. I would appeal because I knew that once the long whelming, to say the least. the ruling of the Chair if it says that I march rocket, which at that time was Again, of course, the charges against am not permitted—I do not know who blowing up three out of four times, was the President now being investigated is telling the Chair that no one is per- used to put up an American satellite, center on allegations that the Presi- mitted to talk about the policies of the people would soon see that it made no dent encouraged a young lady to lie President of the United States and use economic sense to use long march under oath on a legal deposition, read them as policies of the President of the rockets. At no time did this Congress that commit perjury. And, okay, it United States. or anyone else ever suggest that Amer- does go back to the sexual proclivities The SPEAKER pro tempore. It was ican technology should be used to per- of the President and also, the Amer- the references to the President’s per- fect Chinese long march rockets or to ican people admittedly are getting sonal conduct rather than the policies upgrade any Chinese missile system. tired of seeing the pandering of the of the President. Mr. ROHRABACHER. Even if those But that is exactly what happened. news media—— personal positions are being inves- When the Chinese rockets failed, as ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE tigated by a law enforcement agency? predicted, the Chinese rockets, as I The SPEAKER pro tempore (Mr. MIL- The SPEAKER pro tempore. That is say, would go up and they would ex- LER of Florida). The Chair would re- correct. plode, reminiscent of the American, mind the Member to refrain from mak- Mr. ROHRABACHER. Well, then I early American rockets of the 1950s. ing personal references toward the will refrain from that and I thank the And as predicted, they blew up, and at President of the United States. Chair for pointing that out to me. I that point most of us believed that the Mr. ROHRABACHER. I was not thought that referring to an investiga- launches of American satellites to set aware that I was making personal ref- tion of the President in that area was up things like a telephone system in erences to the President of the United permitted, and I will refrain from re- China and such, which are totally jus- States but, instead, about investiga- ferring to that in the rest of my tified sales of technology, that they tions into the President’s proclivities. I speech. Instead, I will refer to exactly would have to be launched on Amer- believe that any mention about inves- what this speech is supposed to focus ican rockets. Yet some high rollers in tigations is certainly possible. I would on and as only compared to those other certain American aerospace companies like to know what Member is objecting items that I consider to be not under- decided to upgrade the capability of to my words. standable and trivial, but instead the the Communist Chinese in their ability The SPEAKER pro tempore. The fact that actions have been taken by to launch those rockets without any Chair took the initiative in this ref- this President that benefit aerospace consideration of America’s national se- erence to the President. tycoons that have put our country at curity interests. Mr. ROHRABACHER. I will take the risk. What may have been given to the Chair’s admonition and interest. The President, this President, may Chinese? What is it that we are talking We recognize that the media has well have squashed attempts to pros- about when we are talking about a trivialized the charges that have been ecute people who have betrayed the rocket system, the long march rocket made against the President and we re- safety and security of our country. that used to blow up and was totally alize that perhaps the American people This story started for me earlier this unreliable and now is a reliable rocket are getting sick and tired of hearing year when I first got wind of the assist- system? about charges that go back to sexual ance being provided to the Communist Well, what we gave them, what it activities that the President may or Chinese missile and rocket program. looks like we may have given them, I may not have been engaged in. And if As chairman of the space sub- should say, is missile command and what Ken Starr has been investigating committee, it is part of my job to keep control technology, missile guidance seems complicated and now trivial, let track of America’s space program. I systems, stage separation technology us not lose sight of the fact that some- am, in fact, as chairman of the space and MIRVing technology. Dem- thing now is emerging in Washington subcommittee, the point man in the onstrating just how far things have that is not trivial, that does not deal House of Representatives in overseeing gone in perfecting the long march with a sex scandal, that what we are NASA and other space and technology rocket, on May 2 of this year, two Mo- seeing emerge about this administra- budgets. I have, thus, some under- torola satellites were put into orbit tion’s dealings with the Red Chinese is standing of rockets and missiles that with one long march rocket. both understandable and outrageous. perhaps some others of our Members do To explain the importance of this, to In short, President Clinton’s White not have. understand the importance of this, we House has been in collusion with Amer- Several years ago it was argued that need to look at what technology is ican high tech companies that have American satellites should be per- needed to send two satellites up on the transferred to the Communist Chinese mitted to be launched atop foreign same rocket. missile and rocket technology that in- rockets; that is, if the foreign cus- First of all, those rockets were ex- creased their capability of successfully tomer, which American companies ploding. As one Motorola executive launching a nuclear strike against the were selling their satellites to, de- told me, Well, Mr. Chairman, as the United States of America. So while the manded that those launches be made to rockets go up, they did not have the news media was paying attention to those foreign, be made on top of those stage separation technology and they charges and investigations that may go foreign rockets. That request by Amer- were blowing up when they were sup- back to the President’s sex life, let us ican satellite manufacturers made posed to separate. not ignore or let us focus on something sense. We were competitive with the My reaction, of course, was, it is a that everybody should be able to un- British and French as well as the Rus- very good thing that Red Chinese rock- derstand, the magnitude of which ev- sians and, when quality was put into ets blow up. We like them to blow up.

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H3362 CONGRESSIONAL RECORD — HOUSE May 18, 1998 We do not want them to have an effec- in our economy. Tens of thousands of Why not? If you have so many re- tive rocket system. people make their living in the aero- strictions in the United States and it is What it also tells us, the May 2 space industry. By transferring tech- so costly to do business here, why not launch, is, they have overcome that nology that was paid for by the tax- put your investment into China? Let us stage separation problem now. One payers to the Chinese so that launches bend over backwards again and give long march rocket put two satellites will be given to the Chinese rather those involved in this strategy the ben- up; the important phrase, ‘‘two sat- than to Americans, we are betraying efit of the doubt of why it is happening. ellites.’’ That means that the Red Chi- everyone who works in our aerospace Let us say that we are going to give ev- nese now have MIRV capacity. They industry. erybody the benefit of the doubt that are utilizing MIRV technology. When I say ‘‘we,’’ it comes down to these nonsensical and horrible policies To put this in perspective, that some of the bigwigs in the aerospace have been brought about by the best of means that the Chinese, before any industry who are not considering their intentions. policies laid down by the President or employees and some as well in the ad- What they really want to do, or so in support of these companies, before ministration, the Clinton administra- they say, is to bring China into the they had an unreliable rocket system tion that are supposed to be making family of nations. This is the way to that would blow up three out of four the decisions as to what is in the inter- bring China into the family of nations. times, now they have a system that est of our country. But of course, our Let us make China part of the global will launch into space not only one sat- relations with China over these last economy. The more business that we ellite but two. five years have been based on transfer- do with China, the more they are going Now let us change the name. We are ring jobs and wealth from the United to come and be more like western no longer talking about satellites. We States to Communist China. countries. are talking about nuclear warheads. b 1245 This is, let us hug a Nazi, and he is The Chinese now, because it is the very How many people know that, when going to come along and not be a Nazi same technology used to spit out those our companies are trying to sell a prod- any more. Let us trade with Hitler, and satellites, is the same technology that uct in China, they have to pay a 30 or then he will not want to invade Poland. is used to spit out nuclear warheads. 40 percent tariff? The Chinese, on the Let us make sure that the Communists The Chinese now, using American tech- other end, are flooding our markets and the Nazis and the fascists do not nology, have the ability to launch, ef- with consumer goods and paying a 3 feel threatened, do not feel threatened fectively launch nuclear warheads. And percent or 4 percent tariff. This is no by anything that we do. Let us give not just one warhead per rocket, they accident. This is no mistake. them all of our weapons or at least let now have our MIRV technology that What does that do? That undercuts us not build any new weapons and so will permit them to launch numerous the ability of American companies, of they will know they have nothing to nuclear warheads at the United States American workers to do their job and fear from the United States. per rocket, using our technology paid to earn their living. So we have tariffs This is the kind of nonsense that is for by the American taxpayers. that are totally out of whack, and that at the basis of one of the worst betray- Where were our watchdogs? When all is no accident. als of the interests of the American of this was happening, where were our Then we have got OPIC, Export-Im- people that I have seen in my lifetime. watchdogs? Well, this did not pass the port Bank, the World Bank and several Massive transfers of wealth and tech- attention of many long-time pros over other financial institutions that are fi- nology, even weapons technology, to at the CIA and the State Department nanced by the American taxpayer. And the worst human rights abuser and and U.S. Customs. Our watchdogs were what do we have? We have the tax- worst potential aggressor on this plan- actually on the job and could not help payer, again, subsidizing the building et. but notice that the Chinese capability of a manufacturing plant in a Com- China, the Chinese dictatorship, in their launching of their rockets and munist country, especially Communist could incinerate all of Tibet; and these missiles was improving dramatically. China, which is the biggest human nincompoops making these arguments In fact, moves have been made by our rights abuser on this planet. would still be arguing that we have got watchdogs to bring charges against Again, we have a policy that betrays to prove our sincerity and maintain several corporations that may have the American people by taxing them in this unequal trade relationship with transferred this American technology order to subsidize or guarantee loans to the Chinese. to the Communist Chinese. big corporations who will then build a In fact, the Communist Chinese are, But in the midst of the preparation plant in China to use slave labor, which at this moment, engaged in genocide for bringing criminal charges, our will then be used to transfer goods or against the people of Tibet, slowly but President, President Bill Clinton, to sell goods to the United States, un- surely trying to replace them, totally inexplicably issued two licenses that dercutting our own working people and replace them from that kingdom in the made it legal to sell that same tech- putting them out of a job. mountains overlooking India and nology to the Communist Chinese, un- This is nonsense. This is bizarre. Who China. dercutting the potential prosecutions is watching out for the interests of the But even those who espouse this non- of those who had been engaged in sell- American people? Even environmental sense of encouraging an unequal rela- ing the same technology to them be- deals that we have been talking about, tionship with China understand that fore. trying to set up environmental stand- this strategy does not excuse the trans- This might be viewed as almost a ret- ards internationally, we managed to fer of weapons technology and tech- roactive licensing or waiver for past il- maneuver them and to work through nology of mass destruction to the Com- legal activities. This is something we problems and to negotiate. munist Chinese. need to, as a Congress, to look into ex- When all the smoke clears away from One of the most disturbing tidbits of actly what was behind that. When ex- the negotiations, we find we have a information that has been coming to amining this issue, we need to also un- deal in which China and several other the surface now that this issue is being derstand that the transfer of tech- countries are excluded from harsh re- focused on by some of us in Congress nology financed by the American tax- strictions that are put on our country, was the effort of the Loral Corporation payer is a double betrayal of the Amer- which means that, when people invest to ship other sophisticated weapon sys- ican people. in the future, they will invest in China tems over to the Communist Chinese. First, let us understand that when instead of investing in the United Even beyond the missiles and rock- you transfer American technology like States. ets, when former Secretary of Com- rocket technology, American jobs are That is very predictable. No one can merce Ron Brown went to Communist being destroyed and, second, our coun- deny that. This is what will happen if China, he was accompanied by Loral try is being put in jeopardy. these Kyoto treaties that we just nego- CEO Bernie Schwartz, who carried with First, what about the jobs? I rep- tiated, when it is implemented, it is him a list that has been compared to a resent an area in Southern California the most massive transfer of wealth catalog of high-tech weapons put out in which aerospace plays a major role from the United States to China. by the James Defense Publishers.

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE May 18, 1998 CONGRESSIONAL RECORD — HOUSE H3363 I have a list here of some of the fers or at least some of these transfers Guess how many American business- weapons that Loral suggested be sold of weapons. men have answered in the affirmative? to the Communist Chinese. They in- Why did that happen? It made it easi- Oh, I have stepped forward, and I have clude Airborne Reconnaissance Cam- er to transfer these weapons, this advocated what Americans should ad- eras, Weapon Delivery, Target Acquisi- American technology, because the vocate. I have advocated freedom with tion, Missile Guidance, Shipboard Tar- State Department was taking a harder these people, and I have told these get Acquisition, Radar Warning, Mis- line than Secretary of Commerce Ron local officials they should not be clos- sile Warning, RF Jamming, IR Jam- Brown. ing down the local churches. They ming. Why did Loral want to transfer these should not be throwing believers in Loral’s list proposed the sale to Red weapons in the first place? The missile jail, and they should not be suppressing China, also included some of our most and rocket technology, why did Loral freedom of speech. I stood up for that deadly weapons in our inventory, in- want to provide this to the Chinese? with these local officials. cluding the AIM–9 Sidewinder, the Today, Hughes Technology, Hughes Not one American businessman has massive missile artillery weapon Corporation, that is one of the compa- ever told me that. Not one. MLRS, the Army’s newest antimissile nies that are being accused of helping Now we have come to the point we missile, the ERINT, the antiaircraft the Chinese upgrade their rockets, they have blurred right and wrong. We have missile Chaparral, and even the ad- vehemently deny that they have ever blurred the difference between a dicta- vanced unmanned air vehicle called the transferred any technology or that torship and a democracy so that our Predator. they did anything to upgrade the tech- businessmen do not even know the dif- Loral also made sure that the list of nology of the Communist Chinese. ference between giving technology to a ever-popular add-ons for jet fighters Hughes Technology has denied that. Communist Chinese dictatorship that would include things such as laser Unless it is proven otherwise, I would would threaten every man, woman, and bomb targeting pods, FLIR, Forward choose to believe that Hughes is telling child in this country with nuclear in- Looking Infra-Red, night vision and the truth in this particular case. cineration. smart bomb targeting gear. Loral, on the other hand, Mr. Ladies and gentlemen, make no This is only a partial list of what Schwartz has been around Capitol Hill doubt about it, today we are in greater Loral apparently would like to have in the last couple of weeks; and from peril because American technology has sold to Communist Chinese. what I understand, he has told people been given to a Communist dictator- Where would those weapons be used? that what he did is not illegal. That is ship which will enable them to deliver First of all, I do not believe that it is the defense. It was not illegal. nuclear weapons to the United States justified for the United States to sell Of course, we need to know whether more effectively. weaponry to any dictatorship. The Cold or not it was illegal at the time this Does someone not have a moral obli- gation not to do that to his friends and War is over. transfer of technology took place and neighbors? I do not say that we always It is time for the United States to set the rockets, Chinese Communist rock- have to run across the street and help a standard that, if a country is not ets and missiles were upgraded. We someone who is being attacked by ruled by a democracy, by the people need to know whether it was legal at thugs. At least we should call the po- themselves, if there are not democratic that time, and when did it become lice. But, at the very least, we should rights and people, and you have a small legal for it to happen, and why did it not sell the thugs brass knuckles so clique of dictators running a country, become legal for us to transfer tech- that they can beat up the fellow even we should not be selling weapons to nology to a Communist dictatorship more, so they can beat up our family. that government, because those weap- which enables them to launch nuclear Some of these questions are impor- ons will be used, among other things, weapons against the United States. tant questions, not only the legal ones to continue the suppression of their But is there not even a question here but also the moral questions. The own people. beyond what is legal? Is it wrong for us moral questions need to be asked as But, also, we know that dictatorships to expect that American businessmen well, and there will be hearings on the are actually more inclined towards ag- have some sort of moral considerations subject. gression than are democratic coun- in what they are doing? Why was this administration greas- tries. So we have here a company and I fought here for years trying to con- ing the skids for this dastardly activ- maybe several companies that was vince the American business commu- ity? As I say, Hughes Corporation de- seeking to make huge profits by selling nity that we should not be making a nies that there was any transfer on sophisticated weapons to the world’s fast buck in Communist China while their part and that they did not do worst human rights abuser, what I con- Christians are being persecuted, while anything. So skip back to Bernie sider to be one of the world’s worst dic- you have got massacres going on at Schwartz and Loral who now claim tatorships, even though it does permit Tiananmen Square and the Muslims in that, well, I did this or I did some of our big boys to come in and make mil- the far reaches of China and with the these things, but it was legal. lions of dollars of profit if they can cut Tibetans. Why did the administration go along the right deal with the ruling clique. Is it not immoral with us to go over with it? Why did the administration Later, when the State Department and do business with a Hitler-like re- act in a way that undercut the inves- began pointing out the potential dan- gime, even though they are permitting tigation, the prosecution of Loral for ger to America of transferring these us to set up a company there? Is that jeopardizing the American people’s weapons, now, remember, all these not immoral? Should we not have some safety? weapons, someday we may be in a con- moral considerations about this? It is my sad duty, and I hope that flict with the Chinese, and those early The businessmen always come to me this is permitted, to note that Bernard defense systems and those radar sys- and say, oh, forget that. That is so Schwartz, CEO of Loral Corporation, tems may be used to shoot down Amer- much hogwash. We are going to make was the biggest single contributor to ican pilots, and that did not escape the them more liberal because we are going President Clinton’s reelection effort attention of some of the people in our to be there with our values on the with over $1 million in direct contribu- government, some of the watchdogs. scene. That will affect these Chinese tion and soft money being given by Mr. When some of our watchdogs began decision makers. Bernard Schwartz to the Democratic to raise questions about the transfer of I want my colleagues to know that Party. these weapons, President Clinton, over 50 American businessmen have Was this the reason that the Presi- again, inexplicably gave the Commerce made that argument to me, and I have dent acted in a way that would under- Department authority over the ap- asked almost all of them the same cut the prosecution of Loral for trans- proval of certain of these strategic sys- question: When you have been to ferring weapons technology, nuclear tems. It was no longer the State De- China, have you ever raised the human rocket technology to the Communist partment but the Commerce Depart- rights issue with the government offi- Chinese? I cannot say that. We can ment under Ron Brown then would cials in the area in which you are man- never say absolutely. But it is some- have the ability to approve these trans- ufacturing? I have asked that question. thing that we need to think about, and

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H3364 CONGRESSIONAL RECORD — HOUSE May 18, 1998 we need to ask questions about it and together a prosecution of those in- rules. Right now, we have laws gov- need to get to the bottom of it. volved with this breach of our security, erning the election laws that thick. As Then, in the last 2 days, we hear perhaps the breaking of our law, that long as we are relying on laws rather about Johnny Chung. During the elec- an action taken by the President may than trying to elect people with char- tion we all remember that name back have undercut that prosecution. People acter, the American people will still there somewhere. Republicans were are concerned about that. suffer the kind of betrayals that we are yelling about a guy named Johnny We have also shown that at least one talking about today. Chung. Now we find out, and from re- major corporate leader involved with What we are talking about is a blur- cent articles, that Johnny Chung, this this transfer of American technology ring of right and wrong, a blurring of Democrat wheeler and dealer, had was the largest contributor to Presi- the distinctions between democratic $100,000 that he gave to the Democrats. dent Clinton’s reelection effort and governments and Communist govern- Of course, they gave some of it back that we have also shown that there is ments, a blurring of the very basic after Republicans raised a stink. evidence that Communist Chinese moral fiber of our decision, moral fiber But this $100,000 that he transferred money was transferred into that re- of our people, and the moral basis of to Democratic coffers, where did John- election effort as well. our decision making. ny Chung’s money come from? We now But let us get right back to where it What we are talking about today also find out it came from the People’s Lib- comes in. Why is this happening? This is an idea that, in some way, our elect- eration Army in Communist China. If President, and people should not forget ed people should be furthering the you look closer, it was not just the that, when this President first ran for cause of some global strategy, rather People’s Liberation Army in Com- office, he campaigned saying that than watching out for the interests of munist China. That was not just the President Bush was too soft on the the American people. source of the money. It was a lieuten- Communist Chinese. AL GORE made When you blur the moral distinctions ant colonel in the People’s Liberation statements saying that President Bush and you forget the interest of the Army who is deeply involved in the de- had coddled the Chinese. American people, we are asking for the velopment of their missiles and rock- By the way, that quotation by Vice- kind of economic betrayals and, yes, ets. That is where Johnny Chung’s President GORE was made because even national security betrayals that money came. That is just what we President Bush had agreed, and this are encompassed in my remarks today. The United States of America is the know. That is all we know. We know was before Tiananmen Square, to per- leading force and has been the leading about that one source. mit certain satellites to be launched on force for democracy and honor and de- We do not know that there might be Chinese rockets. AL GORE character- cency since our inception. That is what other sources, hundreds of thousands of ized that during the election in 1992 as the founding of our country was all other dollars that were transferred into coddling these Communist dictators. about. I will have to admit that my reaction the President’s political coffers by the Our country was about average peo- to President Clinton’s election was not Communist Chinese during his reelec- ple having rights that are given by God tion. This is perhaps one of the most as harsh as some of the other Repub- and that government having no power dastardly acts that I have seen in just licans. I, in fact, had been disappointed except that which was given to the giving missile technology. That in and with President Bush that he did not government by the consent of the gov- of itself is a dastardly act, giving mis- take a tougher stand against the Com- erned. Our government and our coun- sile technology to the Communist Chi- munist Chinese. try was supposed to be an example to nese. I thought, well, gee, here is one area the rest of the world. When we get But that this administration not that I can work with this new Presi- away from that, from those concepts only did not act to stop it but seems to dent, and maybe he believes in human that our Founding Fathers wanted us have acted in a way that greased the rights, which is the rhetoric that we to be, and if we start weakening our skids should be of concern to all Amer- were hearing during the election. own people, instead of being the cham- icans. This is a scandal that will not Mr. Speaker, after becoming Presi- pion of democracy, our country will be stop until we know the information. dent of the United States, President a weak milk cow to the interest, spe- Mr. Speaker, I apologize if earlier Clinton immediately reversed his posi- cial interests for them to make money that I made reference to some things tion on human rights in China. Most in projects all over the world. There is that I was not supposed to make ref- Favored Nation’s status, all of a sud- something wrong with that. erence to. I, in fact, was referencing den, he has become this city’s most po- Our American people do not have the those things to say that what we are tent advocate of Most Favored Nation’s same opportunities. The American talking about today is so much more status for China. He, in fact, when we middle class do not have the same op- important and so much more under- were out of session for a week, an- portunities as they had because we standable than those other things that nounced, from now on, there would be have intentionally permitted other the President was accused of. no trade negotiations with Communist countries to establish the rules of trade My intent was not to talk about the China in which human rights would which suck wealth out of the pockets President’s personal life. Instead, it even be brought up by the administra- of our middle class and put them into was to focus on the actions of the tion as part of those negotiations, other countries to build those coun- President, as he has taken actions that something that President Bush and tries. affect the life and security of each and every president had done up until that I say that those countries will never, every American, the life and security point. will never rise up and never be part of of our country. Nowhere is that more In short, this administration imme- a worthwhile global economy until clear than in this issue of technology diately raced in the opposite direction they have had the reforms that are transfer. it claimed that it would take when necessary for democratic government Again, let me close now by talking a President Clinton was running for re- to exist in their countries. little bit about what I consider the election. This is not the only example We cannot make Communist China basic issue. We have already pointed of that, but because we are talking into a democratic China by ignoring out that, number one, there has been a about Chinese policy and the con- the dictatorial nature of their regime transfer of technology paid for by the sequences of the Chinese policy, I that controls that people and shoveling American people through our tax dol- thought I would bring that up today. money out of the pockets of our middle lars to the Communist Chinese that What we are really talking about is class and jobs out of our own cities have helped perfect their nuclear weap- the fact that our government is not into the mainland of China. That strat- ons delivery systems, something that watching out for the interests of the egy will not work. It is an immoral goes to the heart of the security and American people. strategy. It is a strategy that is a be- safety of every American. We can talk about changing the trayal of our people. We pointed out that those corpora- rules. I know the fellow who spoke I would hope today that, as this crisis tions, that when the watchdogs in our right before I got up today was talking and this scandal emerges, and the out- government have begun to try to put about changing the campaign finance rage of the American people, that their

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE May 18, 1998 CONGRESSIONAL RECORD — HOUSE H3365 safety has just been put at risk, that SENATE BILL REFERRED Acceptance (LOA) to Greece for defense arti- cles and services (Transmittal No. 98–26), they have been put at risk and that A bill of the Senate of the following their safety has not been taken into pursuant to 22 U.S.C. 2776(b); to the Com- title was taken from the Speaker’s mittee on International Relations. consideration, that when this outrage table and, under the rule, referred as 9175. A letter from the Assistant Secretary sweeps America and they know their follows: for Legislative Affairs, Department of State, children and their families are now in S. 1525. An act to provide financial assist- transmitting certification of a proposed li- jeopardy and in jeopardy because ance for higher education to the dependents cense for the export of defense articles or de- American technology has been placed of Federal, State, and local public safety of- fense services sold under a contract to Chile in the hands of dictators, I hope that ficers who are killed or permanently and to- (Transmittal No. DTC–40–98), pursuant to 22 they will take a look a little deeper at tally disabled as the result of a traumatic in- U.S.C. 2776(c); to the Committee on Inter- some of the coverage of our news media jury sustained in the line of duty; to the national Relations. Committee on the Judiciary. 9176. A letter from the Executive Director, into the frivolous scandals that I Committee For Purchase From People Who talked about earlier. And I am sorry if f Are Blind Or Severely Disabled, transmitting I made a personal reference to the the Committee’s final rule—Procurement President, but that is there. ADJOURNMENT List; Additions—received May 15, 1998, pursu- They have been turned off, perhaps, Mr. ROHRABACHER. Mr. Speaker, I ant to 5 U.S.C. 801(a)(1)(A); to the Committee at looking at some of the things that move that the House do now adjourn. on Government Reform and Oversight. we are doing here that are important The motion was agreed to; accord- 9177. A letter from the Chairman, Board of Directors, Tennessee Valley Authority, to their security. America has got to ingly (at 1 o’clock and 15 minutes transmitting a report of activities under the wake up. Americans have got to under- p.m.), under its previous order, the Freedom of Information Act from January 1, stand, or we are never going to be able House adjourned until tomorrow, Tues- 1997 to September 30, 1997, pursuant to 5 to put a stop to this. This is only the day, May 19, 1998, at 10:30 a.m. for U.S.C. 552(d); to the Committee on Govern- first of many examples of where tech- morning hour debates. ment Reform and Oversight. 9178. A letter from the Director, Office of nology they paid for is being put to use f to defeat them, to defeat their secu- Sustainable Fisheries, National Oceanic and Atmospheric Administration, transmitting rity, and to defeat the prosperity of EXECUTIVE COMMUNICATIONS, ETC. the Administration’s final rule—Fisheries off this country. West Coast States and in the Western Pa- With that, Mr. Speaker, I would hope Under clause 2 of rule XXIV, execu- cific; Pacific Coast Groundfish Fishery; Trip that, before President Clinton goes to tive communications were taken from Limit Increases [Docket No. 971229312–7312– China, that we get to the bottom of the Speaker’s table and referred as fol- 01; I.D. 042398C] received May 15, 1998, pursu- this. The leadership in this House have lows: ant to 5 U.S.C. 801(a)(1)(A); to the Committee on Resources. committed themselves to hearings on 9168. A letter from the Congressional Re- this issue. I would hope that the Amer- 9179. A letter from the Assistant Adminis- view Coordinator, Animal and Plant Health trator for Fisheries, National Oceanic and ican people would call their colleagues Inspection Service, transmitting the Serv- Atmospheric Administration, transmitting or their representatives, my col- ice’s final rule—Mediterranean Fruit Fly; the Administration’s ‘‘Major’’ final rule— leagues, and to demand that we get to Addition to Quarantined Area [Docket No. Magnuson-STEVENS Act Provisions; National the bottom of this missile technology 97–056–12] received May 15, 1998, pursuant to Standard Guidelines [Docket No. 970708168– transfer before the President goes to 5 U.S.C. 801(a)(1)(A); to the Committee on 8073–02; I.D. 061697B] received May 14, 1998, Agriculture. China next month. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 9169. A letter from the Director, Office of mittee on Resources. f Procurement and Property Management, 9180. A letter from the Chief, Regulations SPECIAL ORDERS GRANTED transmitting the Office’s final rule—Agri- Unit, Internal Revenue Service, transmitting culture Acquisition Regulation: Preference the Service’s final rule—Service-Initiated By unanimous consent, permission to for selected biobased products (RIN: 0599– Accounting Method Changes (Notice 98–31) address the House, following the legis- AA00) received May 13, 1998, pursuant to 5 received May 15, 1998, pursuant to 5 U.S.C. lative program and any special orders U.S.C. 801(a)(1)(A); to the Committee on Ag- 801(a)(1)(A); to the Committee on Ways and heretofore entered, was granted to: riculture. Means. (The following Members (at the re- 9170. A letter from the Director, Office of 9181. A letter from the Chief, Regulations Regulatory Management and Information, Unit, Internal Revenue Service, transmitting quest of Mr. FILNER) to revise and ex- Environmental Protection Agency, transmit- tend their remarks and include extra- the Service’s final rule—Electronic Funds ting the Agency’s final rule—OMB Approval Transfer——Temporary Waiver of Failure to neous material:) Numbers Under the Paperwork Reduction Deposit Penalty for Certain Taxpayers (No- Mr. EDWARDS, today, for 5 minutes. Act [FRL–6013–2] received May 14, 1998, pur- tice 98–39) received May 15, 1998, pursuant to Mr. FILNER, today, for 5 minutes. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 5 U.S.C. 801(a)(1)(A); to the Committee on (The following Member (at the re- mittee on Commerce. Ways and Means. quest of Mr. WOLF) to revise and extend 9171. A letter from the Director, Office of 9182. A letter from the Chief, Regulations his remarks and include extraneous Regulatory Management and Information, Unit, Internal Revenue Service, transmitting material:) Environmental Protection Agency, transmit- the Service’s final rule—Distribution of ting the Agency’s final rule—Approval and Stock and Securities of a Controlled Cor- Mr. WOLF, today, for 5 minutes. Promulgation of Implementation Plans; poration [26 CFR 1.355–2] received May 14, f Michigan [MI67–01–7275; FRL–6003–6] received 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the EXTENSION OF REMARKS May 14, 1998, pursuant to 5 U.S.C. Committee on Ways and Means. 801(a)(1)(A); to the Committee on Commerce. f By unanimous consent, permission to 9172. A letter from the Director, Office of revise and extend remarks was granted Regulatory Management and Information, REPORTS OF COMMITTEES ON to: Environmental Protection Agency, transmit- PUBLIC BILLS AND RESOLUTIONS (The following Members (at the re- ting the Agency’s final rule—Approval and Under clause 2 of rule XIII, reports of Promulgation of Implementation Plan; Illi- quest of Mr. FILNER) and to include ex- nois [IL169–1a; FRL–6012–7] received May 14, committees were delivered to the Clerk traneous matter:) 1998, pursuant to 5 U.S.C. 801(a)(1)(A); to the for printing and reference to the proper Mr. KIND. Committee on Commerce. calendar, as follows: Mr. SERRANO. 9173. A letter from the Director, Office of Mr. ARCHER: Committee on Ways and Mr. ROEMER. Congressional Affairs, Nuclear Regulatory Means. H.R. 3433. A bill to amend the Social Mr. VISCLOSKY. Commission, transmitting the Commission’s Security Act to establish a Ticket to Work Mr. RANGEL. final rule—Physical Protection for Spent Nu- and Self-Sufficiency Program in the Social Mr. OBEY. clear Fuel and High-Level Radioactive Waste Security Administration to provide bene- (The following Members (at the re- (RIN: 3150–AF32) received May 14, 1998, pursu- ficiaries with disabilities meaningful oppor- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tunities to return to work and to extend quest of Mr. WOLF) and to include ex- on Commerce. Medicare coverage for such beneficiaries, and traneous matter:) 9174. A letter from the Acting Director, De- to amend the Internal Revenue Code of 1986 Mr. CAMP. fense Security Assistance Agency, transmit- to provide a tax credit for impairment-re- Mr. SOLOMON. ting notification concerning the Department lated work expenses; with amendments Mr. NEY. of the Army’s Proposed Letter(s) of Offer and (Rept.

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE H3366 CONGRESSIONAL RECORD — HOUSE May 18, 1998 105–537), Referred to the Committee on the PUBLIC BILLS AND RESOLUTIONS MARKEY, Mr. MORAN of Virginia, Mr. DAVIS Whole House on the State of the Union. Under clause 5 of Rule X and clause 4 of Virginia, Mr. COSTELLO, Mr. HASTINGS of Florida, and Ms. MCCARTHY of Missouri. Mr. BLILEY: Committee on Commerce. of Rule XXII, H.R. 2499: Mr. MCDADE, Mrs. ROUKEMA, and H.R. 2202. A bill to amend the Public Health Mr. BOEHNER introduced A resolution (H. Mr. METCALF. Service Act to revise and extend the bone Res. 440) expressing the sense of the Congress H.R. 2504: Mr. PETERSON of Minnesota, and marrow donor program, and for other pur- that the Committee on Government Reform Mr. GUTIERREZ. poses; with an amendment (Rept. 105–538). and Oversight should confer immunity from H.R. 2752: Mr. STUMP, Mr. GIBBONS, and Mr. Referred to the Committee of the Whole prosecution for information and testimony BROWN of California. House on the State of the Union. concerning illegal foreign fundraising activi- ties; which was referred to the Committee on H.R. 2760: Mr. BASS, Mr. SESSIONS, and Mr. Mr. BLILEY: Committee on Commerce. Government Reform and Oversight. BARRETT of Nebraska. House Concurrent Resolution 171. Resolution H.R. 2817: Mr. HERGER, Mr. FALEOMAVAEGA, declaring the memorial service sponsored by f and Mr. HEFLEY. the National Emergency Medical Services ADDITIONAL SPONSORS H.R. 2840: Mr. TALENT and Mr. SANDLIN. (EMS) Memorial Service Board of Directors Under clause 4 of rule XXII, sponsors H.R. 2884: Mr. MCHUGH. to honor emergency medical services per- H.R. 2990: Mr. MANTON, Mr. HALL of Texas, were added to public bills and resolu- sonnel to be the ‘‘National Emergency Med- and Mr. LANTOS. ical Services Memorial Service’’ (Rept. 105– tions as follows: H.R. 3333: Ms. SLAUGHTER and Mr. 539). Referred to the House Calendar. H.R. 519: Mr. HEFLEY. PALLONE. H.R. 1375: Mr. SPENCE, and Mr. BENTSEN. H.R. 3341: Mr. DOOLEY of California. Mr. HYDE: Committee on the Judiciary. H.R. 1415: Mr. SCHUMER. H.R. 3396: Mr. RILEY and Mr. ADERHOLT. H.R. 3150. A bill to amend title 11 of the H.R. 1782: Mr. CAMPBELL. H.R. 3570: Mr. KUCINICH, Mr. SKAGGS, Mr. United States Code, and for other purposes; H.R. 1813: Mr. PASTOR. MCGOVERN, Mr. HINCHEY and Mr. BENTSEN. with an amendment (Rept. 105–540). Referred H.R. 1995: Ms. STABENOW, Mr. GEJDENSON, H.R. 3615: Ms. CARSON and Mr. LAMPSON. to the Committee of the Whole House on the Ms. LEE, Mr. STRICKLAND, Mr. HALL of Ohio, H.R. 3792: Mr. GOODLATTE and Mr. COBURN. State of the Union. Mrs. MCCARTHY of New York, Mr. RUSH, Mr. GREEN, Mr. WISE, Mr. NADLER, Mrs. CAPPS, H.R. 3820: Mr. LUTHER and Mr. BARRETT of Mr. ARCHER: Committee on Ways and Mr. KUCINICH, Mr. PASTOR, Mr. HOYER, Mr. Wisconsin. Means. H.R. 3809. A bill to authorize appro- REYES, Mr. ORTIZ, Mr. JOHNSON of Wisconsin, H.R. 3835: Mr. LATOURETTE, Mr. LEACH, Mr. priations for the United States Customs Mr. FORD, Mr. MORAN of Virginia, Ms. BONIOR, and Mr. FROST. Service for fiscal years 1999 and 2000, and for MCCARTHY of Missouri, Ms. KAPTUR, Mr. H. Con. Res. 207: Mr. PAUL. other purposes; with an amendment (Rept. KIND of Wisconsin, and Mr. ANDREWS. H. Res. 425: Mr. DELAHUNT, Mr. SHAYS, Mr. 105–541). Referred to the Committee of the H.R. 2009: Mr. MOLLOHAN, Mr. HINCHEY, FARR of California, Mr. BROWN of California, Whole House on the State of the Union. Mrs. MALONEY of New York, Mr. HANSEN, Mr. and Mr. MILLER of California.

VerDate Mar 15 2010 04:18 Nov 06, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 D:\FIX-CR\H18MY8.REC H18MY8 mmaher on DSKFW6RHC1PROD with CONG-REC-ONLINE E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 105 CONGRESS, SECOND SESSION

Vol. 144 WASHINGTON, MONDAY, MAY 18, 1998 No. 63 Senate The Senate met at 11 a.m. and was modified the time of the vote just a lit- MORNING BUSINESS called to order by the President pro tle to accommodate some Senators who The PRESIDING OFFICER. Under tempore [Mr. THURMOND]. will be coming in close to that time. So the previous order, there will now be a it will be 5:45 instead of the earlier in- period for the transaction of morning PRAYER dication of 5:30. It could involve one, business not to extend beyond the hour The Chaplain, Dr. Lloyd John two, or three votes, depending on how of 12 noon, with Senators permitted to Ogilvie, offered the following prayer: the amendments go during the day. speak therein for up to 5 minutes each. Gracious God, as we begin this new Following those votes, the Senate Under the previous order, the Sen- week, help us discover the power of will begin consideration of S. 1415, the ator from North Dakota, Mr. DORGAN, resting in You and receiving the assur- tobacco bill. Members should expect is recognized to speak for up to 15 min- ance and encouragement of Your amaz- busy sessions every day this week as utes. ing grace. You know our needs and are the Senate considers this important f prepared to meet those needs with ex- issue. actly the right gifts of Your Spirit. Also this week, the Senate may con- THE TOBACCO LEGISLATION Thank You for being present, imbuing sider the ISTEA transportation con- Mr. DORGAN. Mr. President, I thank us with inspiration to lift our spirits, ference report. I understand that the the majority leader, Senator LOTT, for hovering over us with hope to press on. conferees have basically reached an bringing the tobacco legislation to the All through this week, there will be agreement on the broad parameters, floor of the Senate this week. He had magnificent moments when we will broad issues of the ISTEA transpor- indicated previously that he would do overcome the temptation of trying to tation bill. They are running the num- so, and he has kept that commitment. make it on our own strength and, in- bers to make sure they have numbers I think it will be helpful in this coun- stead, yield to the inflow of Your wis- that reflect what their agreements try to debate that issue this week on dom, insight, vision, and guidance. Our were. We hope to have a vote on that the floor of the Senate. souls are meant to be containers and Thursday, or Friday at the latest. We f transmitters of Your power. Thank may also consider the Coverdell A+ UNDERCUTTING OUR FAMILY You in advance for an extraordinary savings account conference report, if FARMERS week in which we are carried by Your available. presence rather than being bogged The cooperation of all Senators will Mr. DORGAN. Mr. President, I come down trying to carry problems our- be necessary so that the Senate can to the floor today to talk about an selves. In the Name of our Lord and complete its work prior to the Memo- issue dealing with agriculture. Later Savior. Amen. rial Day recess. There will be ample op- this week, sometime this weekend, a f portunity for Senators to be heard this boat will pull up at a dock in California week, and there will be ample oppor- loaded with 1.4 million bushels of Euro- RECOGNITION OF THE MAJORITY tunity for Senators on either side of pean barley. This barley was sold into LEADER the aisle on the issues involved to be this country with a subsidy of well The PRESIDENT pro tempore. The frustrated or to lose their temper per- over $1 a bushel. It is now being hauled able majority leader, Senator LOTT of haps. But I hope everybody will remain from the European Union to the shores Mississippi, is recognized. calm and be thoughtful in their debate. of the United States, deeply subsidized, f I believe we can proceed and get to a unfair trade, undercutting our family farmers. It is an outrage, and it should SCHEDULE conclusion that will be acceptable to, hopefully, a large number of Senators not happen. We suggested that the sale Mr. LOTT. Mr. President, this morn- in a bipartisan way. be terminated when it was announced, ing, the Senate will be in a period of I yield the floor. but it was not. I suggest today that morning business until noon. Follow- perhaps somebody ought to refuse to ing morning business, under a previous f unload the barley when it reaches the order, the Senate will begin consider- shores of California. ation of S. 1723, the Abraham of Michi- Let me describe for a few moments gan immigration legislation. Any votes RESERVATION OF LEADER TIME why this is just a symbol of a very seri- ordered with respect to the Abraham The PRESIDING OFFICER (Mr. SES- ous problem in the farm belt. I want to bill will be postponed to occur begin- SIONS). Under the previous order, lead- show a series of charts because I want ning at 5:45 this evening. We have ership time is reserved. the American people and my colleagues

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

S4945 S4946 CONGRESSIONAL RECORD — SENATE May 18, 1998 to understand that we are confronted doesn’t tell the whole story, because is the price of a loaf of bread. Here is with the question of whether we want almost all of that net farm income goes what the farmer gets. Just about the any family farmers in this country’s to the state’s largest farmers, and al- heel, if that much. future. We are seeing family farmers most all of the middle- and lower-in- So wheat 2 years ago was $5.50 a going broke in record numbers. In my come farmers are seeing huge losses. bushel, and now it is $3.20 or $3.30. Has State, there was a 55-percent increase Let me show my colleagues what has anybody seen the price of a loaf of in auction sales over last year. They happened to the price of wheat. bread come down? I don’t think so. are calling auctioneers out of retire- One can make the case, or not make What is happening is, the people who ment to handle the auction sales, be- the case, that this has something to do make the bread are making record cause there are so many sales of family with what Congress did. It probably has profits. The people who haul the grain farmers having to quit. some small amount to do with what on the railroad tracks are making Now, farming isn’t just a business. Congress did in passing a new farm bill, record profits. The people who put it in These are families living on the farm. and maybe it has something to do with a plant and then perhaps puff it and There is a yard light that illuminates a lot of other things happening in the then sell it on the grocery store shelf the place that represents the dreams of world. as Puffed Wheat are making a profit a family that wants to farm. These Let’s look at the price of the wheat. because it is more profitable to puff it farms represent the economic blood We passed a new farm bill back in April than it is to grow it. vessels that pump life into our small 1996. You see what happened to the I wonder if there is not something towns. It is a way of life that is very prices received by farmers for wheat wrong with this picture for America. important to this country. since May 1996. It has gone down, down, The snap, crackle, and pop, the puff, There is a real difference between down, way down. It is now at the low- and the crisp all have more value than family farmers and the agri-factories est level in five years. That is what the wheat. The package, the advertis- that farm from California to the State farmers live on. The price determines ing, and the transportation have more of Maine with large mechanized cor- whether they are going to make a liv- value than the wheat. porate farming. The family farm ing and stay on the farm. The price of This country can’t decide on a policy makes a difference in our society. It is wheat has gone down 44 percent. It is that says family farming has merit and the seedbed of family values that has down, down, way down. it is important to this country? nurtured and rolled itself from the Let me show you what has happened Finally, bread profits soar at the family farms to small towns, to Ameri- to farmers’ costs of production. Seed, same time that wheat prices come ca’s cities. If America decides it fertilizer, fuel. They are all up, up, up, down and family farmers go broke. doesn’t care about whether there are way up, month after month, year after Something is wrong with that picture. family farmers, it will have lost some- year. This chart shows it on the same page. thing valuable. Let me show a chart, if I might, that Bread costs continue to rise, and the I received a letter from a farmer just talks about some of these specific price of wheat continues to fall. the other day. Its just one of many trends. If you are a farmer, you need to I went to a small school. There were such letters from other farmers. I am have a tractor to plow. We don’t do it nine students in my class. They taught getting many calls and considerable with mules anymore; we do it with math at my school, maybe not higher mail from farmers. This particular let- tractors. What has happened to the math, but I can add and subtract. I un- ter says, ‘‘It has come to my attention price of tractors? Farmers can tell you derstand what adds up and what now as a farmer that the United States in an instant. The price goes up, up, doesn’t. This doesn’t add up. It does is preparing to let an entire indus- straight up. The price of a combine is not add up if you care about whether try’’—that is, family farmers—‘‘die. If also up, up, straight up. How about the this country has a future for family an airline strikes, the President inter- price of anhydrous ammonia, the fer- farmers. Farming is not just a busi- venes; if UPS strikes, the President in- tilizer needed to provide the nutrients ness. tervenes; if a railroad suggests a to these crops? You can see what has There are a lot of reasons that we are strike, the President is up in arms. But happened. There has been a huge spike in trouble on the farm. Farmers are when farm commodity prices fall and in the last few years. The price of fuel told by Congress that, we are not going family farmers are in peril, nobody is up. In the last five years, there has to have a safety net for you anymore, seems to say much.’’ been a 70-percent increase in the cost and that we are going to pull that safe- Let me describe the circumstances of of the inputs that many farmers have ty net out from underneath our farm- our North Dakota farmers. I met with to buy to put a crop in the ground. ers. a group of North Dakota producers this This isn’t like other businesses. Farmer are unlike most other busi- past Saturday with my colleague, Sen- When you are a family farmer, you ness. They take huge risks: First, they ator CONRAD, in Fargo, ND. We visited, can’t pass these costs along. People do risk that when they plant a seed, it once again, about the problems and not think much about family farmers, may not grow. So the cost of that seed what can be done about them. Here is unfortunately. They get their butter might represent a loss in the farmers’ what they face. Our three largest from a carton; they get their milk from pockets. Second, if the seed grows, it crops—spring wheat, durum wheat, and a bottle, or a carton; food from a can, may be in June or July that a hail- barley—had a 41-percent reduction, a or perhaps a box. But it all comes from storm will come and destroy the crop. 21-percent reduction, and 41-percent re- the farm. It all comes from someone Or the bugs will come and eat the crop; duction in gross income from reduced who gets up early to do the chores, and or crop disease, scab or vomitoxin, will yield and price. Ask yourself, if you then gasses up the tractor, and goes come and destroy the crop. were in business and you have a 40-per- out and plants the field. Maybe none of those things happen. cent reduction in your gross sales and Will Rogers some 60 years ago said, Maybe you plant a seed and it grows a reduction in your price, what is going ‘‘If all the cows in the country failed to and none of those natural disasters to happen to your business? show up at the barn one morning to be occur. Then you combine the crop to These are family farmers. They don’t milked, why, that would be a prob- get it off the field and take it to the have deep pockets. So here is what has lem.’’ He said, ‘‘If all the lawyers and grain elevator, only to discover that it happened, as a result, to net farm in- accountants in America failed to show costs you $5 a bushel to produce it and come. Take all the farmers out there in up for work one morning, we wouldn’t you get just $3.35 a bushel to sell it. North Dakota and evaluate what hap- miss a lunch.’’ He was describing what The result is that your family is going pened to the net farm income. Net farm is really important. Where does all of to have to move from the farm. That income in 1996 was $764 million, divided this come from? It comes from the in- yard light is going to go out. Someone among 30,000 farmers. In 1997 net farm genuity and risks taken by families will farm that land. It will be a big op- income was down 98 percent, down to who decide they want to farm as a way erator, or a big corporate farm. They $15 million in net farm income. Divided of life. will just fold it into their bigger cor- among all those farmers, that is less The price of a loaf of bread has al- porate farm, and there will be tractors than $500 net income per farm. But this most no money in it for farmers. Here that will plow for miles. But that yard May 18, 1998 CONGRESSIONAL RECORD — SENATE S4947 light will be out forever, and that said that, ‘‘The United States has come from that part of the country small town will continue to die. The never lost a war and never won in a where we have a lot of folks with those county will shrink. The rural life style conference.’’ names—it asks those farmers to com- will wither. First, we ought to get trade nego- pete not just against French farmers, A wonderful author from my home tiators to go out and negotiate good not just against German farmers or State, who was a world-renowned au- agreements for this country. They Italian farmers. It asks them to com- thor, died a couple of years ago. He ought to be hard-nosed economic trade pete against all those governments as made a prediction in his book. He stat- agreements and not some soft-headed well that deeply subsidize their sales ed it more eloquently than I can . He foreign policy negotiations about what into foreign countries. said that this country resulted from an we ought to do to help other countries. I ask the question today of Congress agrarian lifestyle which created the I am not against helping other coun- and also this administration whether family values that nurtured America tries, but first I am for helping family they are willing to stand up and ask and refreshed America. He reminded us farmers. We need trade policies that do some tough questions about agricul- that the family values that refreshed not injure them. We need to help them. tural policy in this country. Do family America continually came from the If they had any gumption, they would farmers matter? Do you care? When family farm, where neighbors under- be at that dock out in California this you fly across the Dakotas and Ne- stood that you have to help each other week meeting the ship and suggesting braska and Kansas and the breadbasket because the people can’t do it alone. that the ship should never be unloaded of our country at night and look out Without our family farms, those family on American shores because it is symp- the window of an airplane, do you care values that rolled from rural America tomatic of everything that is wrong whether you see yard lights? Do you care about our farmers out there who to our cities will be lost. with our trade policy. It is not to say that farmers are bet- Second, we ought to decide that it are trying to make a living with great ter than anybody else or have more matters to have a support price for risk? Do you care whether they really have an opportunity to make it? Do value. It is just that farming is dif- family farmers. No, it would not be a you think they provide worth to our ferent. It is a family occupation. Yet, giveaway nor a subsidy to farmers. The economy? Or is this just an economy it has enormous risks. For years in this subsidy in American food policy is that now which says bigger is better, con- country we decided that we were going we have the highest quality food any- where in the world for the lowest price centration has virtue, and that merg- to try to provide some help to offset ers and combinations have merit, be- anywhere in the world. We have a those risks. They do it in every other cause they have the financial clout and cheap food policy that provides a sub- country. the capability to suggest that an eco- sidy to the consumer. This is at the ex- We are the only superpower. We are nomic system that rewards size and re- pense of family farmers who can’t the only nuclear superpower, military wards bigness is the best system. I superpower, left. We are certainly an make a living because what they grow don’t necessarily believe that. economic superpower. Almost any they have to sell at well below the cost Oh, I think the market system is a other country with any economic clout of what it took them to grow it. That wonderful system, but I also believe decides that, as part of its budget, it adds up to a deficit, and that adds up to that in this country agricultural pro- makes sure it continues to have a net- serious trouble. ducers have never experienced a free work of family farms. Therefore, it pro- In my judgment we ought to use market and will never experience a free vides some price supports against all of every tool that is available to us as a market unless substantial changes are these risks that family farmers face. country. Could the export enhance- made not just in this country but other But not us. We decided farmers should ment program help? Maybe. Is it being countries as well. compete in the open market despite used now? No. Why have we decided to I want to make one additional point. the fact that there isn’t an open mar- disarm ourselves? The European Union We now have a number of countries in ket. uses their export subsidies to sell their this world in which our farmers can’t As I said when I started, the ship grain from their family farmers into market because we have embargoed that is going to dock in California at North African markets and they have them through sanctions. We have said the end of this week will haul 1.4 mil- 10 times the subsidies we have ever we don’t want to do business with lion bushels of European Union barley considered using. So, why does our Cuba; we don’t like Fidel Castro. So subsidized to the tune of more than country say, if they are going to take wherever Cuba is going to buy wheat, $1.10 cents a bushel. There is no Amer- our African markets away from us, it is not going to be from the American ican farmer that can compete with that is just fine, and we can’t do any- farmer. In Libya, we don’t like Qa- that. It is simply unfair. thing about it? Would we disarm in any dhafi. So where is it going to get its But that is just the tip of the iceberg. other way? Why would we disarm on grain. It is not going to be from this In every direction you look in inter- trade competition? Why would we not country. Iraq, well, in the last year or national trade, our farmers are injured. say, on behalf of American producers, so, we have shipped them a bit, but not The California dock is not the only that we will stand up for you? This much. Most of Iraq’s grain comes from place. Go to the Canadian border, country believes in you. This country elsewhere because everyone knows the where we are flooded with unfairly cares about you. Why on Earth will problems with Iraq. traded Canadian imports. Go to the this country not decide that it will I can go through a list of countries in Mexican border and see what NAFTA stand up for its producers? which the American farmer pays a has done with respect to the unfairness We, in my judgment, must begin as a price because we have decided to em- of agricultural trade. Go to China and Congress now to evaluate whether the bargo them. I happen to believe that ask why we can’t get sufficient path we are on from the previous farm you ought never under any cir- amounts of wheat or pork into China. bill passed a couple of years ago is the cumstances decide to cut off shipments Go to Japan and ask why it costs $30 a right path or the wrong path. It was of food. Nobody is going to shoot food pound to buy a T-bone steak in Japan called the Freedom to Farm bill. Part back at you. It seems to me it makes because you cannot get enough Amer- of it was just fine. Part of it was to good sense in this country as a matter ican beef in Japan. take government out of the decision of of public policy to decide that food We are rife with trade problems that what crops a farmer was going to grow. shipments and food sales ought to be injure the American farmer every sin- I supported that part. But part of it the last thing you would ever sever. We gle day. And our trade policy is appar- was a devastating blow to farmers. It have a lot of hungry people in the ently to sit on our hands and do noth- said, by the way, we are going to pull world. It makes no sense to me to see ing about it. the rug out from under you in price a country with as bountiful an oppor- It seems to me that we can’t enforce supports, and we are going to say to tunity and as bountiful a harvest as we trade agreements. But first of all, we you, compete in the free market when often get decide that somehow this need to negotiate good agreements. Let in fact there is no free market. grain doesn’t have value. Gosh, I think me mention Will Rogers once again. It asks our farmers—the Johnson’s, this grain is more valuable than nu- Some 60 years ago, Will Rogers also the Larsen’s, the Olson’s, because I clear weapons. I think this grain is S4948 CONGRESSIONAL RECORD — SENATE May 18, 1998 more valuable than most of what peo- kota. I don’t know if it has been print- One of the many important details left out ple produce. This is a hungry world and ed yet in the New York Times, but it of this so-called Freedom to Farm legisla- a growing hungry world. did get printed in the Grand Forks Her- tion was an iron-clad assurance from the Eu- It breaks my heart to see family ald. I hope the Times does print it be- ropean Union that they would agree to re- duce their farm subsidies simultaneously. farmers write to me day after day and cause he eloquently captures the eco- Supposedly, the EU was to phase out sub- come to me in North Dakota as they nomic and policy dilemma that now sidies over the same time period. But the did this weekend and call day after day surrounds our nation’s family farmers. simple fact is that their phase-out is from a and tell me that their dream is ending. Mr. President, I ask unanimous con- much higher level—and as speedy as a tor- A woman called a couple of weeks sent that this article be printed in the toise on a cold day. Also, unlike the inten- ago, and she began crying on the RECORD. tions of the United States, the EU’s subsidies phone. She and her husband, just out of There being no objection, the article will not end entirely. high school, began to farm. They have was ordered to be printed in the Specifically, the 300 million or so people of the EU spent $47 billion to $48 billion on never done anything else. And they RECORD, as follows: their farm program this past year. This is in scraped and struggled and rented some [From the Grand Forks Herald, May 10, 1998] comparison to the United States expendi- land and then bought a little bit of THE FARM CRISIS THAT NOBODY WANTS TO tures of a little more than $5 billion. In the land. She said, ‘‘We don’t go to town on HEAR ABOUT matter of export enhancements—a procedure Saturday nights. We don’t buy frills. AS THE NATION PROSPERS, FARMERS IN THE where the seller pays the buyer to buy the We scrape by and we have always NORTHERN PLAINS FLOUNDER product—the EU spent about $7 billion to $8 billion. The United States anted up about scraped by. We do nothing that is ex- (By Dale A. Thorenson) travagant.’’ $150 million, or about 50 times less. The ne- NEWBURG, N.D.—On April 3, the Dow Jones She said, ‘‘But, we finally have come gotiator from the EU who sold this bill of Industrial Average broke above 9,000—a new goods to the United States policy-makers to the end of the road. We are now in high-water mark in what seems to be an could easily get a job selling furnaces in hell. our mid-thirties. We have farmed for unending spiral upward. At the present rate SHORTCHANGED IN WHEAT COUNTRY nearly 15 years and we have no other of growth, a 12,000 Dow will be seen by the end of the year. Highly unlikely . . . but who As bad as this is, the wheat farmers of the skills, but we just can’t continue to Great Plains states were shorted in another make it unless farm prices improve. is willing to step in front of this freight train? way in comparison to the corn and soybean Our banker won’t give us a loan. We farmers in the Midwest. The federal loan can’t put in the spring crop.’’ Ten days later, on April 13, the price of the nearby contract of wheat at the Chicago rate for wheat was capped in the Freedom to When you hear those stories, it Board of Trade broke the $3 mark—only this Farm bill at $2.58, about 52 percent of the breaks your heart because we are los- price was heading in the opposite direction United States Department of Agriculture’s ing something valuable. of the Dow. The $3 offered for a bushel of most recent five-year average cost of produc- I would conclude today by simply wheat on April 13 was a far cry from the $7.16 tion projection for a bushel of wheat—which saying this: My colleague, Senator mark reached just two years prior—a time was pegged at $5. In contrast, the federal when the new Freedom to Farm legislation loan rate for corn and soybeans stands at 72 CONRAD and I, have spoken on the floor percent and 89 percent, respectively, of I guess a half dozen times on this sub- was being enacted in our nation’s capital. The sponsors of Freedom to Farm promised USDA’s recent cost of production estimate. ject. We want people to understand The United States produces about 9 billion this legislation would revolutionize the bushels of corn and 2.5 billion bushels of soy- that this issue matters. This makes a farming industry. Gone were the planted beans annually. Annual production of wheat difference to our country. There is a acreage mandates from the federal govern- has been about 2.7 billion bushels in recent big difference between the right public ment. The farmer was given the flexibility to years. Uncapping the loan rate for wheat and policies and the wrong public policies. plant what the market wanted—hence the raising it to the percentage of production One offers people hope and one despair. name Freedom to Farm was coined. costs enjoyed by the corn and soybean pro- One will help move us forward in try- In return for this flexibility, the farmer signed a seven-year contract to receive de- ducers—$3.75—culd potentially cost the U.S. ing to nurture and protect and help Treasury up to $3 billion annually if the EU family farms in our future and one will clining support payments decoupled from production—severance pay, for lack of a bet- continued to insist on their predatory mar- move us backward towards farm fail- ter explanation—as he was weaned from fed- keting tactics. But not doing so puts the ures and desolation and despair on the eral subsidies. The farmer was told the rest U.S. wheat farmer in the position of compet- family farm. of the world also would end subsidies and ing not only with his contemporary in Eu- Let me end as I began. North Dakota this new world market free from government rope, but also with the government treasur- State University did a study and intervention would cause unending growth in ies in Europe. There should be little doubt as to who will survive this grain war if the situ- showed us that just in the last year exports as markets expanded because of in- creased demand. The conventional wisdom of ation remains the same. there have been almost $400 million in North Dakota and northern Minnesota the time assumed the United States farmer— losses in net farm income. That is $400 farmers especially have been hard hit with given this level playing field—would domi- million just from those three crops: economic misfortune even beyond the disas- nate world agriculture. spring wheat, durum, and barley. The trous collapse of wheat prices. This region is problem is that in that circumstance I GOOD INTENTIONS GONE AWRY now going on five years of a serious wheat have described in our State, family Well, Freedom to Farm has revolutionized disease outbreak called Fusarium head farmers just can’t make it. farming, but not in the way intended. And blight brought on by abnormally wet periods the playing field is far from being level. This Something has to change. We need during the flowering stage of the crop. Cou- farm program—called by many as Freedom ple this dilemma with the harsh winter bliz- better trade policy, better price sup- to Farm—enacted in conjunction with his- zards of 1996 to 1997, which then produced the ports, commodity loan rates that give torically high commodity prices, has turned well-publicized flood of the century in the farmers a chance to market when it is out to be a sham. In what could almost be Red River Valley, highlighted by the almost advantageous to them, not just to the described as an ill-advised acceptance of a complete inundation of Grand Forks and miller or the grocery manufacturer. We bribe, the farmer pocketed a first-year sub- East Grand Forks. Another pitfall is the must fight for changes in policies. I sidy payment and a decent price for his crop. proximity of this region to the Canadian It has been downhill since—at least in know my colleague, Senator CONRAD, wheat producing area, called the Prairie wheat-producing regions of the Great Plains. and others will be talking about this Provinces—Manitoba, Saskatchewan and Al- But make no mistake about it. The corn and berta. The North American Free Trade issue, but it is critically important. I soybean farmers of the Midwest will get Agreement has allowed Canada to dump its will come to the floor again and again their turn on the rack. The $3,000-per-acre excess wheat in the United States while to talk about what we must do to solve land costs of the Corn Belt will not be com- maintaining the support for its farmers at this problem. petitive with the new land being developed in the same time. Guess where in the United Recently, Dale Thorenson, a farmer South America at a cost of $50 per acre. States Canada dumps this wheat? from Newburg, ND wrote an opinion As if on cue, the costs of producing a The March 30 issue of Agweek, one of letter for the New York Times. He had crop—fertilizer, chemicals, machinery re- North Dakota’s weekly agricultural news received a gift subscription to the New quired—increased dramatically. The ‘‘bribe’’ journals published by the Grand Forks went directly into the hands of the petro- Hearld—the paper whose ‘‘Come Hell and York Times from his father-in-law, and chemical companies who make the vast High Water’’ headline last April made it thought that as a new subscriber he array of inputs needed for production agri- world-famous—listed approximately 180 farm should write an article about the con- culture. And, as the $3 price suggests, a auctions. Those were not poor operators or ditions facing farmers in North Da- downward spiral in wheat prices commenced. retirement sales, but good farmers—many of May 18, 1998 CONGRESSIONAL RECORD — SENATE S4949 these farms were fairly large operations—in 1997 by one measure by 98 percent. they spent almost $46 billion support- their prime who have simply given up. These Those are statistics available to us ing their producers. We spent $5 billion. farmers had survived the bloodbath in agri- from the Labor and Commerce Depart- That is not a fair fight. When we look culture of the 1980s but were unable to sur- ments. By another measure, a study to their spending on exports, the vive Freedom to Farm. They will never be United States versus the European replaced. just done for Senator DORGAN and my- This country, with all its abundance and self by North Dakota State University, Union—again, the European Union is in prosperity, needs to come to the realization farm income declined in that period by red; the United States is in blue. This that a wheat farmer needs to receive more 59 percent. By either measure, these is to support exports. The Europeans than a few pennies of the $1.50 a consumer are dramatic and precipitous declines spent almost $8 billion. We spent $56 pays for a loaf of bread. Europe, having that are leading to a cash flow crisis million. That is a ratio of 138 to 1. That starved twice in this century during two that is engulfing the producers of our is not a fair fight. We are sending our world wars, understands that and intends to State. We anticipate losing perhaps as troops into the battle and they are keep its agricultural industry intact. many as 10 percent of the farmers in armed with BB guns and the other side TRIVIAL PURSUIT North Dakota this year. We have lend- is firing live ammunition. How are you All the fuss lately about President Clin- ers who are telling us, for the first going to win this kind of fight? We ton’s sex life or what a certain special pros- would never do this in a military con- ecutor is thinking as he picks up his morn- time in history there is farmland in the richest part of North Dakota, which is frontation. We would never allow our- ing paper is really quite trivial in compari- selves to be in a situation in which the son with the many national and inter- the richest farmland in the world, that national problems now at hand. It is for this will not be farmed this year. That is a other side had the predominance of re- reason the public considers the current situ- stunning development. sources. But that is what we have done ation in Washington much ado about nothing Growing up in North Dakota, we were in a trade conflict, and it makes no and not because of the bemoaned fact that a always told that the Red River Valley sense. new low in moral standards has been estab- of North Dakota used to be the bottom Unfortunately, the pattern continues lished. of a lake, it used to be the bottom of because, if you look at the expendi- In particular interest to more than a few tures of the two sides for market devel- Great Plains wheat farmers is if this country Lake Agassiz. Because it was the bot- tom of a lake, the lake deposited this opment, you see the Europeans spend- will stand up and fight for them. Or does the ing $350 million a year; the United United States consider these farmers expend- extraordinary land, loam that is 6 to 8 able in order to maintain this nation’s long- feet deep. As I was growing up, we were States, $225 million. Again, they are standing policy of cheap food—even if in the told there had never been a crop failure simply outgunning us at every turn in end the reverse will surely happen? in the history of North Dakota in the these battles for agricultural markets. A couple final questions on this subject Red River Valley. They are winning these markets the this country needs to ask itself: If the agri- In the last 5 years, we have had 5 old-fashioned way—they are buying cultural sector of this country is deemed ex- them. And make no mistake, they have pendable and not worthy of preserving, will years of dramatically reduced produc- tion because of overly wet conditions a strategy and they have a plan and the United States one day become as reliant their strategy and plan is to dominate on food for foreign countries as it is for oil? and an outbreak of a disease called If so, does the United States really want to scab that took a third to a half of the world agricultural trade. take this risk? crop last year in much of North Da- Let’s look and see how successful they are with this strategy and plan. Mr. DORGAN. Mr. President, I yield kota. Scab is a fungus, and it is abso- This chart shows what has happened to the floor. lutely devastating. What we have wheat exports from the European The PRESIDING OFFICER. Under learned is that the farm policy that is Union over an extended period of time, the previous order, the Senator from in place in this country cannot cope starting back in 1960, and going North Dakota, Mr. CONRAD, is recog- with this combination of disasters— through 1996, the last year for which we nized to speak for up to 15 minutes. disease and adverse weather coupled have full information from the Euro- Mr. CONRAD. I thank the Chair. I with very low prices. That is a triple peans. Look at this trend and pattern. thank my colleague from North Da- whammy that is putting thousands and They have gone from being major im- kota, Senator DORGAN. thousands of farmers out of business. porters of wheat to major exporters of Senator DORGAN and I participated in I thought it might be helpful to com- wheat. And their improvement has meetings this weekend with represent- pare our agriculture policy in this really occurred, the most dramatic atives of major farm organizations and country with our chief competitors’, part, in the last 20 years. This did not people who are watching the farm the Europeans, to see what they are happen by happenstance. This hap- economy, those who are charged with doing versus what we are doing. Sen- pened as a result of a concerted plan, a doing the statistics and the analysis ator DORGAN made reference to what I concerted strategy. Because the Euro- from the university, also the head of have said—repeatedly last week on the peans have been hungry twice, they the farm service agency who has been floor—that it is one thing to say to our never intend to be hungry again, and made part of a crisis response team by farmers, you go out and compete they recognize the critical importance the Secretary of Agriculture to deal against the French farmer and the Ger- of dominating world agricultural trade. with the cash flow crisis that is occur- man farmer and we will see who wins, That is the pattern, in terms of what ring in North Dakota and other farm who is the best producer, who is the they have done. States as well. most efficient. We are willing to take What have we done? From 1982 to Last week, I made a series of speech- on that fight any time, any place. But 1996, this is what has happened to es on what I called the stealth disaster what we are being asked to do is not wheat exports from the United States. that is affecting North Dakota. Last only compete against the French farm- We are going nowhere. Worse than year, many may recall that we were er and the German farmer, we are tell- that, we are in steep decline. From 1995 faced with more visible disasters— ing our producers to go and compete to 1996, we have seen a very dramatic flooding and fires of unprecedented na- against the French Government and reduction in U.S. wheat exports. If you ture in the Grand Forks and Red River the German Government as well. That go back to 1995, that was not exactly a Valley area. This year, we have an- is not a fair fight. You can’t ask a stellar performance in the last 16 years other disaster, but it is getting almost farmer out in North Dakota to take on of history. So, while the Europeans are no attention. It is a stealth disaster. It that French farmer and that German on the march, they are on the move, is a stealth disaster because it is flying farmer and while he is at it take on the the United States is in retreat. below the radar screen. It is not get- combined resources of the French Gov- It doesn’t happen just with wheat. ting the kind of attention these other ernment and the German Government. This is the outlook with barley. From disasters did. And part of the reason is But that is exactly what we are doing. 1982 to 1996, net barley exports from the it is not so visible. It is not a story This chart shows, for 1997, total agri- European Union—not quite the same that you can easily put on television, cultural expenditures, the United pattern. They suffered a very steep loss but it is a disaster nonetheless. States versus the European Union. The in 1992 to 1994, but since then they are As I showed last week, farm income European Union is in red; the United coming back and coming back strong- in North Dakota declined from 1996 to States is in blue. You can see, in 1997 ly. During that same period, the United S4950 CONGRESSIONAL RECORD — SENATE May 18, 1998 States has seen dramatic slippage. In I yield the floor. Times on Friday, May 15. Then inside 1992 to 1996, we have actually gone Mr. HUTCHINSON addressed the the newspaper the headline is: ‘‘Fund- below the line. We have become an im- Chair. raiser is Said to Tell of Donations from porter. In fact, we have just had a case The PRESIDING OFFICER. Under China Military to Democrats.’’ where subsidized exports from the Eu- the previous order, the Senator from This is a very, very serious allegation ropean Union have come into the Arkansas, Mr. HUTCHINSON, is recog- that Mr. Chung has made in his co- United States for the first time. We are nized to speak for up to 30 minutes. operation with the Justice Department asleep at the switch. What is happening The Senator from Arkansas. alleging that this money came not just in this country? Mr. HUTCHINSON. Thank you, Mr. from Chinese sources, but came from We are going to have the same thing President. the Chinese Red military. Worse yet, happen to us in agriculture that hap- f this was no low-level PLA effort. It pened in electronics and automobiles wasn’t low-level figures in the People’s and all the rest. We are going to wake NEW EVIDENCE OF PLA MONEY Liberation Army, but according to up someday and we are going to find GOING TO THE DNC Chung, these monies were provided by out that we have gone from being the Mr. HUTCHINSON. Mr. President, a Chinese lieutenant colonel and aero- major agricultural player in this world last week the Senate, by adopting two space executive whose father, General to being a second-class citizen, because of the remaining eight House-passed Liu, was at the time China’s top mili- we have been asleep at the switch. This China provisions, I believe took an im- tary commander and a member of the is not the whole story. It is a part of portant first step in reversing this Na- leadership of China’s Communist the story, but there is much more to tion’s failed, flawed and counter- Party. tell. If we look at trade policy, we see productive policy of so-called ‘‘con- This reaches to the very top echelon that too often the United States nego- structive engagement’’ with the Peo- of the Chinese Government and to the tiates agriculture away for other sec- ple’s Republic of China. very top levels of the PLA command tors of the economy. We saw it in the The first amendment we adopted last system. Their very top leadership ap- Canadian Free Trade Agreement that week, an amendment to the Defense parently hatched, planned, and carried now allows Canada to pump millions of Department authorization bill, re- out this so-called ‘‘China plan.’’ bushels of unfairly traded Canadian quires the Department of Defense to Let us not forget, Mr. President, that grain into this country, weakening our monitor enterprises which are owned this whole investigation was started markets, weakening our prices, and by the People’s Liberation Army and after an interception of a telephone costing us substantially. That is hap- gives the President increased authority communication suggesting that the pening today because of a loophole in to take action against these companies People’s Republic of China was consid- the Canadian Free Trade Agreement should circumstances warrant. It does ering a covert plan to influence United where our people simply got outtraded. not mandate the President to act, but States elections. It would now appear We saw the same thing develop with it would give him enhanced authority that this so-called ‘‘China plan’’ was NAFTA. In NAFTA, you recall, we ne- to act should the evidence warrant it. actually carried out by the top leader- gotiated a 10-percent reduction in tar- The second amendment we adopted ship of the PLA and the Communist iffs by the Mexicans. They then turned gives the U.S. Customs Service in- Party. Why would China and the PLA want around and devalued their currency by creased funding and authority to stop to influence American elections? What 50 percent. The net result, we went the importation of goods produced in motive would they have to pick and from a $2 billion trade surplus with Chinese slave labor camps. The impor- choose winners and losers in our own Mexico to a $16 billion trade deficit. tation of goods produced by slave labor Presidential sweepstakes? The answer And some call that a success. If that is has been prohibited in this country for appears to be given in this very same a success, I would hate to see failure. I half a century, and yet the practice is New York Times article: wonder what would happen if we saw continuing, unfortunately, and thus, failure in our trade negotiations, based this enhanced monitoring and en- At the time (of these payments from the PLA), President Clinton was making it easi- on what has been happening with the hanced authority for the Customs er for American civilian communications Canadian Free Trade Agreement—so- Service is essential. satellites to be launched by Chinese rockets, called free trade; the so-called NAFTA These were two very, very important a key issue for the PLA and for Liu’s com- agreement, again so-called free trade amendments, I believe, but there are pany, which sells missiles for the military agreement—and what has happened six bills still remaining in the Foreign and also has a troubled space subsidiary. now with the European Union. Relations Committee. I believe the There was a very, very vested inter- It is unbelievable, that they are send- Foreign Relations Committee will be est by Lieutenant Colonel Liu in ensur- ing into the United States from Eu- taking those bills up tomorrow. I hope ing that Chinese rockets would be able rope—barley. It is so heavily subsidized they will. But the votes that we cast to launch American satellites. Thus, in their country that it undercuts our last week could not possibly have been while the DNC and the Democratic producers right here at home. It is not more timely. Their importance is best Party was being flooded with money because they are more efficient. It is seen by new information uncovered from the head of the PLA, the head of not because they are more productive. last Friday by the New York Times, the Democratic Party, President Clin- It is because their country is buying one day after we cast those two impor- ton, was making it easier for the PLA these markets. They are spending $47 tant votes on the floor of the U.S. Sen- to receive advanced technological sup- billion to support their producers when ate. port for its missile and space programs. we are spending $5 billion. On exports, That story, covered by the New York The only question left to be answered they are spending $8 billion a year Times, and now by every major news- seems to be, was it a quid pro quo? when we are spending $56 million. And paper in the country, revealed that To put the harmful effects of this we wonder why we are losing the fight? Johnny Chung, the central figure in ‘‘missiles for money″ trade into con- If we were in any military confronta- the Justice Department’s campaign fi- text, or more appropriate, the ‘‘PLA tion we would understand very quickly nance investigation, has now told in- Gate,’’ it is important to note that that we are just outgunned. vestigators that a large part of the until last year, China lacked the intel- Mr. President, it is time for the nearly $100,000 that he gave to the DNC ligence or technologies necessary to United States to fight back. We have to and to other Democratic causes in the manufacture boosters that could reli- put the resources into this battle to summer of 1996 came from the People’s ably strike such long distances. This win it. That is what we do in a military Liberation Army of the People’s Re- made China a weaker adversary. fight. That is what we ought to do in public of China. In fact, in a debate that I had on the this trade confrontation. We ought to Let me say that again. A large part campus of the University of Mississippi send a message to our friends in Europe of the $100,000—in fact, $80,000 of it— at Oxford, a Firing Line debate that that they are done having a free ride. went to the DNC, and that money came was carried nationwide by public tele- We are in this fight and we are in it to from the Chinese Red army. This was vision, Dr. Kissinger made this state- win. the front-page story in the New York ment: May 18, 1998 CONGRESSIONAL RECORD — SENATE S4951 I also do not believe that it is possible to That was the position of key advisers iron weight sets, men’s pants, car radi- argue that China can represent a military to the President. That was the position ators, glassware, swimsuits, and much threat to the United States for the next 20 of the Department of State and the De- more, are being sold to U.S. consumers years. fense Department. The Clinton admin- by PLA-owned firms and almost always I remember very vividly Secretary istration, though, sided with business without the knowledge of the Amer- Kissinger making that statement. He groups and transferred this decision ican consumer. almost ridiculed and disdainfully dis- away from the State Department and Mr. President, this country was missed those who said that China could left the decision up to the Commerce shocked last week by India’s explosion pose a military threat to the United Department, which was then headed by into the nuclear family. We were all States at any time in the next two dec- his close friend, Ron Brown. In the end, dismayed that a new threat to world ades. That is a direct quote from the satellite technology was removed from security loomed on the horizon in In- Firing Line transcript. the munitions list. China was free to dia’s completed nuclear tests. Why? My how time flies, because now we negotiate with U.S. businesses to ob- Why would a country suffering from find, less than a year later, that all but tain assistance with its space program. rampant poverty and class instability five of the Chinese nuclear missiles are The People’s Liberation Army is en- choose to spend its limited and valu- aimed and directed at the United gaged in a massive military buildup able resources on a new nuclear weap- States and, in fact, they do pose a which has involved a doubling since on’s program? The answer, I believe, threat. According to this article in the 1992 of announced official figures for lies in the failed policies of this admin- Washington Times, China targets military spending by the People’s Re- istration. nukes at the United States, according public of China. This is incredible. It is It was just over 35 years ago that to a CIA report that was recently re- amazing that we would at this time be China last invaded India in an attempt leased. China now appears to pose a circumventing our own ban on tech- to take over disputed territory. Since very real threat to the United States. that time, there has been an uneasy This article noted that 13 of China’s 18 nology transfers and the launching of and often hostile relationship between long-range strategic missiles with American satellites and the sharing of India and China, its larger neighbor to ranges exceeding 8,000 miles and have that valuable, valuable missile tech- the north. single nuclear warheads are aimed at nology at the very time we see this In addition to China’s own military the United States. These missiles are massive military buildup. The PLA is working to coproduce the buildup, China was assisting other en- in addition to China’s growing arsenal SU–27 fighter with Russia. It is in the emies of India in the development of of other weapons that can now reach their own nuclear and military capa- the United States, many of which are process of purchasing several substan- bilities, particularly the nation of mentioned in this article regarding the tial weapons systems from the Repub- Pakistan. In fact, the People’s Libera- CIA report. lic of Russia, including the 633 model of How could one of this country’s lead- the Kilo-class submarine and the SS-N– tion Army transferred technology rel- ing China experts and most respected 22 Sunburn missile system specifically evant to the refinement of weapons- foreign policy adviser have been so far designed to incapacitate United States grade nuclear material, including the off when Secretary Kissinger said it aircraft carriers and Aegis cruisers. transfer of ring magnets, to the nation would take two decades? Like those of Mr. President, this increasingly ag- of Pakistan. us in the Senate, Dr. Kissinger may not gressive military, the PLA, which Mr. President, as this country moves have known that two U.S. companies, cracked down on its own citizens in closer to China, as we continue to as- Loral Space and Communications and Tiananmen Square, killing over 2,000 sist its military machine, as we con- Hughes Electronic, illegally gave China Chinese students, that we are aware of, tinue to turn a blind eye to China’s space expertise during cooperation on a which held threatening war games off transfer of technology to Pakistan, commercial satellite launch which the coast of Taiwan, closing two of its why would we be surprised that India could be used to develop an accurate largest ports, which has taken over dis- would move to arm itself with nuclear launch and guidance system for ICBMs. puted islands once claimed by the Phil- weapons? Why are we surprised that a I am sure Dr. Kissinger would not ippines, which now has all but five of country that is surrounded by a much have foreseen that this administration, its long-range nuclear missiles pointed larger and better armed neighbor, that in the middle of investigating this ille- at the citizens of the United States, is that nation would develop a defense gal transfer, would allow Loral to being coddled, pampered and pandered similar to our own policy of ‘‘mutually launch another satellite on a Chinese to and appeased by this administra- assured destruction,’’ a policy that pre- rocket and provide them the same ex- tion. vailed during the cold war? Mr. Presi- pertise at issue in the criminal case. The gross irony here is that while the dent, it was U.S. policy that led to Nor is it likely that Dr. Kissinger administration continues to allow the these tragic, sad developments in that would know that Motorola, under a transfer of technology to China and the entire arena in the world. waiver from this administration, has PLA, the People’s Liberation Army, With all but five of China’s long- also been involved in ‘‘upgrading’’ Chi- U.S. consumers are unwittingly fund- range nuclear missiles pointed at the na’s missile capability, this according ing China’s military by purchasing citizens of the United States, it is obvi- to the chairman of the House Science items sold by PLA-owned enterprises ous that the increasingly aggressive Subcommittee on Space and Tech- operating in the United States. People’s Liberation Army views the nology. The PLA operates literally thousands United States as its most serious ad- The New York Times ran a follow-up and thousands of businesses. It is un- versary. article today providing some insight like any other military in the world. It It is a sad paradox that U.S. consum- into this administration’s policy on is not just funded from the general rev- ers are unwittingly funding the mili- China and the transfer of sensitive enue of the Chinese budget, the Chinese tary that has their hand on the nuclear technology. According to the article Government budget. It rather is funded buttons which threaten our very exist- that appeared today in the New York partially through enterprises and busi- ence and that our leadership is accept- Times, United States and China indus- ness operations by the military itself. ing money in return for relaxed con- try groups urged that satellite tech- It is estimated that the PLA earns be- trols on the transfer of military tech- nology be taken off the list of banned tween $2 billion and $4 billion annually nology, or at least that is the allega- exports, known as the munitions list. through the many enterprises that it tion that has been made. That is the The State Department sided with the operates that deal in nonmilitary com- source and the subject of the investiga- Defense Department and the intel- modities, and that these enterprises tion that is ongoing. ligence agencies, and the President’s profit handsomely from their activities Not only is China an increasing key advisers and noted that satellite right here in the United States of threat internationally, but within technology holds secrets that hold America. their borders they continue to oppress ‘‘significant military and intelligence’’ A report released earlier this year in- their own people. The latest State De- information and thus should remain dicated that vast quantities of goods, partment report on human rights, to banned for export. as varied as toys, ski gloves, garlic, which I have referred repeatedly, says S4952 CONGRESSIONAL RECORD — SENATE May 18, 1998 and shows that China is still a major ganized, planned, if you will, conspir- this relationship progressed must be offender of internationally recognized acy by the Chinese Government to in- answered, and the President should human rights. You pick the category, fluence the outcome of American elec- delay and postpone his planned trip to whether it is coerced abortion, the so- tions, how any good could come from China until those answers are forth- called one-child policy, whether it is this trip to China at this stage. The at- coming. The American people deserve slave labor and the refusal to allow mosphere surrounding this summit has to have those answers. international inspection teams to go in now been polluted. I yield the floor. and look at these slave labor camps, Mr. President, here again is what we Mr. GREGG. Mr. President, I ask whether it is the repression of all free know. We know that the CIA inter- unanimous consent to proceed as in expression or criticism of the Govern- cepted a call which hinted at a plan by morning business for up to 15 minutes. ment, or whether it is other forms of China to influence our elections. And The PRESIDING OFFICER. Without human rights abuses like the repres- may I say, my colleague, Senator objection, it is so ordered. sion of freedom to worship by religious THOMPSON, should feel vindicated. And f minorities in China, you pick the cat- those who ridiculed his allegation in TOBACCO LEGISLATION egory, and you will find that there is this regard should apologize to him an absolute intolerance of freedom and personally, I believe. The American Mr. GREGG. Mr. President, possibly that these ongoing abuses show us that people owe him a debt of gratitude for later today we will begin on this floor they have not made progress under the his untiring efforts to reveal this nefar- the debate and voting on the language current policy. ious plan. relating to the tobacco settlement. According to a recent report in the We know that the CIA intercepted This is obviously a fairly significant Washington Post entitled, ‘‘U.S.-China that call. We know that Johnny Chung piece of legislation. It has the poten- Talks Make Little Progress on Summit has testified that the PLA, through one tial to represent one of the most com- Agenda,’’ we find that the United of their top leaders, General Liu, pro- plex pieces of legislation ever consid- States is getting very few concessions vided $80,000 to the DNC and $20,000 to ered by this body—at least certainly in from China relating to the inspection other Democratic causes. my time in Government. It also rep- of the technology that we share with We know that at the same time as resents, potentially, one of the largest them. We are getting very few conces- these moneys were being given to the tax increases that this Congress will sions on limiting the proliferation of DNC, the same time those contribu- consider assessing. It represents a dra- technology to third parties like Iran. tions were being made, Loral and matic step in a number of different We are getting very few concessions on Hughes provided key missile tech- areas of law in which this Congress has human rights conditions, particularly nology to China and the PLA—under a toyed with but has never really fully in the nation of Tibet. waiver granted by the Clinton adminis- participated. So as we make our agenda, as we tration. I want to talk about one specific area make the plans for the President’s trip We know that the State Department of that issue, which is the area of to China, what are we getting? Out of has said that this technology transfer granting to a manufacturer of a prod- the negotiations that have been going ‘‘harmed our national security.’’ uct in this country product liability on, what kind of concessions do we find We know this, that an executive at protection, or immunity, as the term from the Chinese Government? There Motorola also claims they are assisting has become known. There are a lot of have been four major high-profile pris- China’s missile program under a waiver products made in this Nation today, a oners who have been released. There from the Clinton administration. lot of products made for the purpose of are thousands that remain incarcer- We further know that the Clinton ad- improving the lives of people, a lot of ated, thousands who remain languish- ministration shifted the key decision- products made for enjoyment, products ing in Chinese laogai camps, yet we are making authority on satellite and mis- that are made to get us through a day, expected to say there is progress in sile technology from the State Depart- and products like tobacco. Most of human rights because four high-profile ment to the Commerce Department, these products—in fact, the vast major- individuals have been released. which was a much more China-friendly ity of these products—have no special So, Mr. President, with your admin- agency or Department. protection should they be produced in a istration currently under investigation We know this, that China transferred manner that harms someone. And if an by your own Justice Department relat- key military nuclear technology to individual in our country is harmed by ing to this ‘‘missiles for money’’ trans- Pakistan and to other rogue states like the use of a product, they have re- fer, it is inconceivable to me how you Iran, all without any action or denun- course through our court system. It is can go forward with your planned June ciation by this administration. a very integral part of the free market- 24th trip to China. The cloud now brew- We know that all but five of China’s place that an individual who buys a ing over your administration’s rela- long-range nuclear missiles are pointed product have the ability to go into tionship with the leadership of the Peo- at the United States. court and address the safety of that ple’s Republic of China makes suspect We know that the PLA continues to product as it affected that individual. any agreements that may be reached or profit from selling consumer goods in Why is that critical? Because a long any statements that may be made dur- the United States. And we know that time ago we rejected the concept of ca- ing this summit. the PLA continues to profit from slave veat emptor in this country—that if Mr. President, until this cloud of labor. you sell somebody a product, the per- criminal and ethical investigations has We know that human rights continue son who buys the product assumes all blown over and been resolved, I urge to be abused in China and that this ad- the risk. In order to discipline the mar- you to delay your planned trip in June, ministration has soft-pedaled very seri- ketplace, in order to make sure we had and to postpone it. It is imperative ous human rights concerns. a safe marketplace where things being that this country present a unified for- This is an ugly list, detailing a tan- sold in our country in the capitalist eign policy. It is imperative that we be gled relationship that now appears to system would have some discipline in united in our international relation- have forever damaged our national se- the quality of those items, we have de- ships, and particularly our relationship curity, a relationship that now may veloped a large amount of case law with this, the most populous nation on have escalated the risk of nuclear war that allows an individual who thinks the globe. on the Asian continent and that will they have been impacted or can prove But in order to have that kind of forever make it more difficult to keep they have been impacted by, or harmed unity, one that is free of partisanship, the nuclear genie in a secure bottle. by, a product sold to them has a right one that is untainted by allegations of This relationship must be inves- to go into court and proceed to get re- illegal dealing, it is imperative that tigated. I believe appropriate Senate covery for that harm, if they can prove this planned trip in June be postponed. committees will be doing that inves- it. It is hard for me to imagine with such tigation. We know that the Justice De- It is one of the really core elements a cloud over our relationship with partment is continuing this investiga- that makes our marketplace work. It is China, with such allegations of an or- tion, but all questions relating to how one of the core elements that makes May 18, 1998 CONGRESSIONAL RECORD — SENATE S4953 our Nation function as a dynamic eco- Equally significant, I think, is the protection in order to resurrect that nomic engine. When we start address- fact that we are doing this in a manner industry. ing that issue of what rights an indi- where we are claiming that we are ac- That industry does not produce an in- vidual has in relationship to purchas- tually harming the tobacco companies. herently deadly product that is addict- ing a product, we have to be very sen- This argument is being made in the ive and that is targeted on kids. It sitive to the importance of maintain- marketplace of ideas around here that took us 6 years to produce that little ing the capacity of an individual to get this tobacco bill is somehow, in some sliver of production. That is the only redress in the court system. I say that way, an attack on big tobacco, when product liability protection passed by in reference to the tobacco bill coming with the immunity language in it, it is this Congress since I have been here. at us in an action that I think is abso- just the opposite—it is a protective We don’t give product liability protec- lutely inexplicable from the standpoint blanket. It is an iron curtain of protec- tion to the doctor who develops and of maintaining a disciplined market- tion for big tobacco. And it is ironic creates a new valve for somebody’s place and from the standpoint of pro- that we put this immunity language on heart which gives that person an extra tecting individuals, which grants to the table at the same time the tobacco amount of life, or a new hip design that the tobacco companies of this coun- companies have said they no longer allows a person to have the freedom to try—and internationally for that mat- will participate in the development of walk again. We don’t give any protec- ter—protection from lawsuits where this settlement. tion to those individuals. If those they have harmed individuals. This immunity language was origi- valves don’t work and regrettably a pa- Why is this so outrageous, such an nally designed because we said if we tient is harmed, there is a lawsuit, and act of incomprehensibility from my didn’t have immunity—or somebody there is recovery. We don’t give any standpoint? Because the product we are said it; I didn’t say it—it was said that protection to innumerable, hundreds, talking about here—tobacco—has three if immunity did not exist for the to- thousands, tens of thousands of prod- characteristics. bacco industry, the tobacco industry ucts that are lifesaving products that First, we know that it kills people, would not come to the table and limit are produced for the purposes of and the tobacco companies that pro- its advertising directed specifically at bettering the life of an American citi- duced it knew and know that it kills children. Now the tobacco industry has zen, or citizens around this world, people. said: The heck with you guys. We don’t whether it is a drug product, whether it Second, we know that it is an addict- like the bill, we are walking out, and is a medical device product, or whether ive product, and the tobacco companies we will have no more to do with this. it just happens to be an automobile. We that produced it knew it was addictive So you don’t limit us in any way on don’t give any product liability protec- and, in fact, structured the product in our advertising. And still we go for- tion. But the first product liability such a way by putting a certain ward with a bill that gives them immu- protection we are going to give, if we amount of nicotine into it, that they nity. pass this bill, will be to an industry produced an even more addictive prod- And for the immunity, what do we that is producing and that has pro- uct than had they simply gone forward get? A tobacco industry that has duced a product that for years—maybe with pure tobacco. walked away from the table. To begin generations even—it knew was deadly, Third, the tobacco companies inten- with, we made a deal with the devil—or it knew was addictive, and at least in tionally, purposefully, with the idea somebody made a deal with the devil. the last 10 or 20 years it has targeted that they would create a larger mar- Now the devil has walked away from on kids for sale. It is beyond com- ketplace, targeted the sale of their the table, and we find that this Con- prehension that we would consider product on children. gress is thinking about following the doing that. So we have a product that kills peo- devil on its knees and saying: Please, As we move forward in this bill, I cer- ple, and the manufacturer of that prod- Mr. Devil, take immunity, take it; we tainly hope that we will reconsider uct knew it; we have a product that want to throw it at you even if you that proposal, because what are we get- was addictive, and the manufacturer of won’t give us anything for it. ting for that immunity protection? Ab- that product created it so that it would It is beyond comprehension that we solutely nothing. The tobacco compa- be addictive and knew it was; and we are considering pursuing this course of nies walked away from the table. We have a product where the companies action, but we appear to be considering have gotten nothing. And I hope that that produced that product targeted that. I just wanted to highlight that at we would reconsider that. children to try to produce a larger this point because I think the debate There will be a lot of talk about the marketplace and a lifetime user once has gotten a little topsy-turvy. It is a fact, well, there is protection. It isn’t they get that child addicted—knowing little topsy-turvy when a bill is giving, really protection because there is a $6 that it would kill the children as they for the first time in the history of our billion, $8 billion—we don’t know. We grew older. Knowing that. Nation, and in the jurisprudence his- haven’t seen the final language. The And we have picked this product, tory of our Nation, product liability language is being written right now. It with those three incredible character- protection of immense value to an in- is being shifted around—I note for the istics that are applied to the tobacco dustry that has produced a product press that might be listening, if there industry, to be the first product to re- that is inherently deadly and is addict- is any listening—shifting the language ceive major protection—or we may ive and is targeted on kids—the first all around this bill, because it will be pick this product. Hopefully, we won’t. time we are going to do that, and that very difficult to target the immunity The bill coming before us chooses this bill is, for some reason, perceived as language in this bill. They are inten- product to be the first product to re- being antitobacco. It is not tionally trying to make it procedurally ceive major product liability protec- antitobacco. It is actually very very difficult to go after this language. tion—to say to the companies that protobacco. But they keep shifting the numbers have produced this product that kills Let’s remember something else here around, too. But the number is almost people, is addictive, and was targeted as we think about this. We don’t give irrelevant because you are dealing with on kids: you will not have to pay the this type of protection out easily an industry that has the capacity to full cost of the harm you have created around here. It took 6 years, I think it produce the profit to pick up the num- because the U.S. Congress is going to was—maybe longer—for us to give just ber. You would have to put out a fairly protect you, the tobacco industry, from a narrow little amount of protection to astronomical level to have any signifi- the liability that the marketplace the airplane manufacturing industry cant impact on the profitability over would force on you were we to go di- for small planes because our airplane the long term of this industry. rectly to the capitalist system which industry had been wiped out for small You are giving this industry, as long has dominated our country for over 200 planes and nobody could buy a small as you give them immunity, the right years. plane made in the United States back to go out in the marketplace and sell It is an absolute outrage that we are in the mid-1980s. The whole industry this product and target it on kids. That considering pursuing this course of ac- had been wiped out by product liability is what you are doing. You are giving tion as a Congress. litigation. So we put a little sliver of them the right to sell a product that S4954 CONGRESSIONAL RECORD — SENATE May 18, 1998 kills kids, kills people, is addictive, hours of general debate on the bill listed American high school seniors as and is targeted on kids. It is just abso- equally divided and controlled. among the industrial world’s least pre- lutely inexcusable that we would con- The Senator from California. pared in mathematics and science. Fur- sider doing this. Mrs. FEINSTEIN. I thank the Chair. ther, in advanced subjects like physics I certainly hope to be able to offer I thank the Senator. and advanced math not one of the amendments that strip this out of the PRIVILEGE OF THE FLOOR countries involved scored lower than bill. It will be difficult because there Mrs. FEINSTEIN. I ask unanimous the U.S. If we ever needed a wake-up are a lot of parliamentary games going consent that Sandra Shipshock, a call, this is it. on around here right now. But it would State Department fellow with Senator It is in everyone’s individual inter- be my hope that we could accomplish KENNEDY’s staff, be given floor privi- ests, as well as in the overall interests that. leges for consideration of this bill. of this country, to enter the next cen- Mr. President, I yield such time as I The PRESIDING OFFICER. Without tury with a well-trained workforce may have. objection, it is so ordered. that will help keep American compa- f Mr. ABRAHAM addressed the Chair. nies competitive in the global econ- The PRESIDING OFFICER. The Sen- omy. CONCLUSION OF MORNING ator from Michigan. Admittedly, as the grandparent of 17 BUSINESS Mr. ABRAHAM. I thank the Chair. young children who will be entering The PRESIDING OFFICER. Morning (At the request of Mr. ABRAHAM, the the workforce in the next century, I following statement was ordered to be business is closed. am enthusiastic that technology has printed in the RECORD.) f opened so many tremendous opportuni- ∑ Mr. HATCH. Mr. President, the Sen- ties. It remains clear that human cap- AMERICAN COMPETITIVENESS ACT ate is today considering The American ital is still the greatest asset this The PRESIDING OFFICER. Under Competitiveness Act of 1998, a modest, country has. Without human know- the previous order, the Senate will now balanced, and critical change in our how, the most sophisticated of comput- proceed to the consideration of S. 1723, immigration laws. ers is just a dumb machine. The bill does three very important which the clerk will report. Given that, there is no reason for any things: (1) it raises the limit on the an- The assistant legislative clerk read individual in our society who is willing nual number of temporary visas al- as follows: to work should be left behind—not lowed for highly skilled foreign born women, minorities, or the disabled. Re- A bill (S. 1723) to amend the Immigration professionals for a five-year period; (2) and Nationality Act to assist the United sponding aggressively and intelligently States to remain competitive by increasing it increases enforcement and penalties to the need to educate, train, and re- the access of the United States firms and in- to ensure the program works as in- train the potential pool of high tech stitutions of higher education to skilled per- tended; and (3) it increases the oppor- workers in the next century is the kind sonnel and by expanding educational and tunities for American students and of affirmative action that can ensure training opportunities for American students workers to fill the shortage of skilled that all individuals have the oppor- and workers. high tech workers. tunity to work hard and prosper in the The Senate proceeded to consider of As we approach the 21st century, Mr. next century. the bill. President, we face a critical challenge It is, however, an unfortunate reality Mr. HUTCHINSON. Mr. President, I with respect to our workforce. The that this kind of long term solution is suggest the absence of a quorum. challenge concerns whether and how insufficient to meet our most imme- The PRESIDING OFFICER. The America’s businesses and America’s diate needs. Thus, this legislation fo- clerk will call the roll. educational institutions are preparing cuses on a limited short-term measure The assistant legislative clerk pro- the potential workforce for the 21st to raise the annual cap, currently at ceeded to call the roll. century. 65,000, for temporary visas for highly Mrs. FEINSTEIN. Mr. President, I It is estimated that about ten per- skilled workers. Notably, the cap for ask unanimous consent that the order cent of this country’s current informa- this year was reached last week! for the quorum call be rescinded. tion technology jobs are vacant and Mr. President, as I understand it, The PRESIDING OFFICER (Mr. that this critical shortage of program- critics of this legislation have focused HUTCHINSON). Without objection, it is mers, systems analysts, and computer on two arguments. First, some argue so ordered. engineers will increase significantly in that there is no real shortage in high Mrs. FEINSTEIN. I ask unanimous the next decade. tech workers. While this will be ad- consent to speak in morning business. In few places is this shortage more dressed in more detail in due course, The PRESIDING OFFICER. Without acute than in my own state of Utah let me just say that I think any mem- objection, it is so ordered. where the high tech industry grew by ber with doubts over which bureau- Mrs. FEINSTEIN. Mr. President, I 12 percent in 1996 and where our 1,900 cratic study to believe ought to check thank the Chair. high tech companies plan to add al- the help wanted ads in their Sunday (The remarks of Mrs. FEINSTEIN per- most 20,000 jobs annually in the next home town papers. I think those long taining to the submission of S. Con. three years. The primary potential im- list of job vacancies for computer and Res. 97 are located in today’s RECORD pediment to our state’s growth is the engineering jobs tell the story. under ‘‘Submission of Concurrent and shortage of skilled workers. Further, critics argue that in ex- Senate Resolutions.’’) Frankly, as I see it, we are only fac- change for this modest, five year in- Mrs. FEINSTEIN. I suggest the ab- ing a real crisis if we fail to respond. crease in temporary visas, we need vast sence of a quorum. For now I view it as an opportunity new bureaucratic requirements to pro- The PRESIDING OFFICER. The and a challenge; perhaps the greatest tect American workers. clerk will call the roll. challenge of the next century. This Mr. President, we will debate this The legislative clerk proceeded to challenge is to match the needs of high question in more detail later, but let call the roll. tech employers with the preparedness me respond briefly now. Mr. ABRAHAM. Mr. President, I ask of and opportunities for the American First, I think the record is pretty unanimous consent that the order for worker. clear that the temporary use of a lim- the quorum call be rescinded. Meeting this challenge effectively ited amount of foreign talent—many of The PRESIDING OFFICER. Without will demand the attention and commit- whom have attended U.S. universities objection, it is so ordered. ment of businesses large and small; of and graduate schools—creates more, Mr. ABRAHAM. Mr. President, as we our educational system at every level; not fewer jobs for Americans. It also begin debate on S. 1723, I would like to of government, principally at the state insures that American employers do begin by yielding to the Senator from and local level; and of parents and stu- not move to other countries with more California for purposes of making a dents as well. All of these entities must and cheaper labor. unanimous consent request. be working in partnership. Second, there are already important The PRESIDING OFFICER. Under Just weeks ago, Mr. President, a new limits in the law to make sure this pro- the previous order, there will be now 2 comprehensive international study gram is not abused and that these visas May 18, 1998 CONGRESSIONAL RECORD — SENATE S4955 are not used to hire cheaper labor. This the number of jobs in the information- ‘‘It got too boring. I took all the computer bill enhances both the limits and re- technology and high-technology areas courses I could and basically learned all that strictions on the use of these visas. and the number of workers needed to I could,’’ said Doug, a 6-foot-4-inch baby- But at some point, Mr. President, fill them. faced teenager in new Armani glasses who A study by Virginia Tech University figures he’ll still get a college diploma. ‘‘I you can go so overboard that a pro- was realizing that I could go out and work. gram becomes a bureaucratic night- has indicated that there are an esti- . . . The cool thing about computers is that mare of regulation and it is just not mated 340,000 current vacancies in in- I can make lots of money doing what I really worth it, particularly for small and formation-technology jobs in America like doing.’’ medium sized employers. I think that today. A study by the U.S. Department So three days a week, Doug does every- some of the alternatives proposed of Commerce indicates a projected thing from Web site work to helping make here—in response to a five year in- growth of information-technology and the company’s programs more enticing to crease in temporary visas by about high-tech jobs over the next decade of customers. The rest of the time, he takes approximately 130,000 per year, and yet classes at George Mason University. He’s 25,000 a year—cross that line. considering working full time, which would Finally, as we debate these so-called that very same study suggests we will bump his salary to $70,000. ‘‘labor protection’’ provisions, I think only be producing something in the vi- David Rosenfeld hired Doug at Nu Thena we need a little perspective here on cinity of 25 percent of the graduates Systems Inc., a McLean company that cre- what aspect of our immigration policy needed to fill these jobs over that time- ates software programs to let places such as really puts American jobs at risk. (A) frame. Clearly, that suggests we have Boeing Co. and the Jet Propulsion Labora- We have hundreds of thousands of ille- to get busy to make sure that our edu- tory model and test ideas on computers. cational system, our job training sys- Rosenfeld figured if he didn’t snap up gal immigrants entering this country Doug, someone else would. Indeed, Doug said every year on top of the estimated 5 tem, and so on, meet these challenges. We also know that this isn’t just a he got a half-dozen offers after his junior million illegal immigrants already year. here. (B) This Administration has a bunch of statistics. You need only pick ‘‘There aren’t that many programmers out terrible record of failing to identify up the want ads of a newspaper or trade there that are really creative,’’ Rosenfeld and deport criminal aliens who are re- journal today and browse them and you said. ‘‘There are plenty who will do what you leased from prison and remain in this will see, as these various newspapers I tell them to do, but there aren’t many who country. (C) We have a horrible situa- have here today suggest, the spectacu- can see a new way to do things. That’s an- other tier of people, and I thought Doug was tion of an inestimable number of smug- lar number of jobs available in these areas—high-tech jobs going unfilled, one of them. If you can get your hands on gled immigrants being used as slaves someone like that, you never let them go.’’ and indentured servants. companies not able to find the skilled Washington area computer executives say I think that these areas ought to be workers needed to fill them. that it’s unclear how many teenagers are our principal focus if we want to pro- At the same time, the extent to getting full- and part-time work from the tect jobs for American workers, not which companies are being forced to area’s high-tech companies but that they’re finding more bureaucratic hurdles for a improvise in order to meet this chal- sure it’s becoming more common. The Wash- lenge is also interesting as well. Re- ington Post interviewed nine such teenagers. small and limited program with a his- Nationally, the U.S. Department of Labor tory and record of little abuse. cently, in fact, in the Washington Post, we read of the story of various young says, 22,000 teenagers ages 16 to 19 worked in I want to close for now, Mr. Presi- the computer and data-processing industry dent, by recognizing the hard work and people in high school in Fairfax Coun- last year, more than four times the number leadership of the Chairman of the Judi- ty, VA, who are being tapped to fill three years earlier. ciary Committee’s subcommittee on some of these positions. In fact, I ask Mario Morino, one of the Washington Immigration, Senator ABRAHAM. unanimous consent to have printed in area’s early successful technology entre- I urge my colleagues to pass this im- the RECORD at this time one such preneurs who now runs a Herndon-based portant bill. story. technology think tank, said the nationwide ∑ shortage of high-tech workers has made Mr. ABRAHAM. Mr. President, Sen- There being no objection, the article was ordered to be printed in the those teenagers more attractive to compa- ator HATCH had hoped to be present for nies. But even without the labor drought, the launching of this legislation, and RECORD, as follows: Morino said, the youths would be enticing when last week it appeared, on either [From the Washington Post, Mar. 1, 1998] because of their incredible skills. Wednesday or Thursday, that was TEENS WITH TECH TALENT RISE TO TOP; NOT Employers say teenagers have an advan- going to take place, he was going to be EVEN OUT OF HIGH SCHOOL, COMPUTER tage in the cyber job market because they’re in the manager’s chair, at least ini- JOCKS RAKE IN BIG BUCKS often up on the newest technologies. While tially, to begin the debate. He is not (By Eric L. Wee) adult workers have time commitments such Life is good. That’s what Doug Marcey will as families, teenagers can spend hours on the able to be here today, so we wanted to Internet, downloading and experimenting make sure his statement was included tell you as he sits in his basement on this Friday morning. with the latest programs. at the appropriate spot in the RECORD, While others fight their way to the office, Federal work regulations don’t allow any- which we have just done. he’s writing computer code in his jeans and one younger than 14 to work for pay. And 14- Mr. President, we are here to discuss bare feet in front of two blazing 21-inch mon- and 15-year-olds can put in only 18 hours a a piece of legislation, the American itors. The job pays well. For his work three week during the school year. Those restric- Competitiveness Act, which passed the days a week, a software company forks over tions disappear at 16. The rules are there in Senate Judiciary Committee a few $50,000 a year, enough to rent his three-bed- part, Labor Department officials say, to make sure that work doesn’t interfere with weeks ago by a 12-to-6 vote, a piece of room town house in Fairfax County. Not a bad life. studies. legislation which is extraordinarily im- Especially considering that Doug Marcey That’s a concern of Donald Hyatt, director portant, I think, to our country at this is only 17. of Thomas Jefferson High School’s computer time if we wish to remain strong and Computer companies in Washington and laboratory. He said he constantly gets re- competitive and wish to have an econ- elsewhere, facing a shortage of tech talent, quests from companies for prospective em- omy that continues to grow with the increasingly are turning to teenagers such as ployees and doesn’t have enough students to success we have seen in recent months. Doug to help fill out their employment ros- fill all the summer internships offered. Basically, we are learning as we ex- ters. Computer jocks as young as 14 are Every one of his seniors, he said, could leave working as programmers, graphics artists school and make a large salary. amine the economy that a very sub- and Web page designers, some of them draw- But he tries to convince them that they stantial reason for the recent economic ing very adult salaries, using skills acquired won’t develop to their full potential that growth stems from the tremendous in high school classes and during hours of way. College offers opportunities to learn success we have had in the develop- surfing the Internet. from top programmers, he argues, not to ment of our high-technology indus- The rich job market even has some of the mention the value of getting a solid, broad- tries. Frankly, we are growing in those teenagers facing the sort of decisions that based education. And when it comes time for areas so fast that our labor force can- gifted athletes make: Do I stay in school or cyclical layoffs, he adds, those without col- turn pro and make some big money? lege degrees often will be the first to go. not even keep up with the speed of that ‘‘I got tired of high school,’’ said Doug, Seth Berger, a sophomore at Langley High growth. Indeed, studies conducted by a who last fall chose not to return for his sen- School, isn’t so sure. He said his computer variety of organizations have suggested ior year at Fairfax’s Thomas Jefferson High work has taught him much more than any that we currently have a gap between School for Science and Technology. class. Seth looks like any other 16-year-old. S4956 CONGRESSIONAL RECORD — SENATE May 18, 1998 He wears faded jeans and Nike Airs. He says Ogburn, a manager at Datametrics. ‘‘Up to unemployment rate going in the other ‘‘cool’’ often, and when he smiles, his braces that point, their programming efforts were direction, because we will not be able show. But Seth is the computer graphics shrouded in mystery. * * * They’re experi- to sustain the economic growth we core of a company called Creative Edge Soft- enced programmers taking x number of have and because, as a consequence of ware Inc.—maker of a new martial arts com- weeks to accomplish tasks, and everybody puter game called ‘‘The Untouchable.’’ thinks that’s a reasonable amount of time. that, we will also start to see American Travis Riggs, Seth’s boss, said that soon Now here’s this 16-year-old bringing all those companies forced to look elsewhere for after he was hired last year at age 15, it be- estimates into question.’’ the employees they need. come clear that Seth was the company’s best Brent’s salary soon shot to $20 an hour, But the bottom line is this. There is computer graphics specialist. Seth will get a and Ogburn believed he was worth double a gap, and what we need to do, in my percentage of the net profits from the game, that. Now Brent is starting his own Web page judgment, to address it is to provide which he said could add up to more than design company. both a short-term solution and a long- $50,000. Riggs has hired him for a second Although the junior employees generally term solution as well. The long-term game and made him the sole computer blend in, employers say, you can’t get away graphics artist, bumping his cut to a six-fig- from the fact that they are, well, young. solution is very dependent on better ure sum if the game does well. Seth Berger’s employer often has someone targeting and more efficient operation ‘‘I don’t know if I’m going to go to college, spend nearly an hour traveling to pick him of our job training programs and an especially since I can make money like up after school and bring him to the Dulles educational system, a K–12 educational this,’’ Seth said. ‘‘If college costs 25 grand, area office, because he can’t drive yet. system, that gets more young people for me it’s going to cost $25,000, plus that I A California software company that hired headed in the direction of filling these could be making. I’m going to go to college a 10-year-old for the summer two years ago jobs as well as a higher education sys- had to get used to seeing its new software and spend [the equivalent of] $80,000 a year, tem that properly trains them to take to learn stuff I already know? That doesn’t evaluator play with the copy machine on his make sense to me when I look at it that breaks. They also had to accept the gram- these jobs. way.’’ matical errors in his reports—understand- The legislation which we have for His mother, retired physician Amy Dwork- able because he learned to write only a few consideration today, as I will indicate Berger, said she and her husband have ac- years before. a little later on, aims to address the cepted that Seth probably won’t attend col- But most say the young people’s raw en- long-term solution that we are seeking. lege. She sees him as an extremely bright thusiasm can be like a shot of adrenaline for But until the education system can ad- person who would be frustrated by college’s other company employees. And Rosenfeld, just, until the job training programs like other bosses, said he’ll give some jobs to regimentation. And she sees his success in can be reconfigured, we need to do computer work as a positive influence on his 17-year-old Doug Marcey rather than an life. adult programmer because Doug doesn’t yet something in the short term, and that ‘‘It’s been marvelous,’’ she said. ‘‘College know ‘‘what’s impossible.’’ Adults might is also what S. 1723 is about. isn’t the only way to learn. Seth doesn’t fit give up, he said, but Doug will keep pushing. What we need in the interim is to at- the mold, and to make the most of his poten- Elliott Frutkin also believes in young tal- tract and find, be able to bring to this tial, you have to let him do what he needs to ent. Last summer, he dug through 200 country from anywhere on the globe do. . . . He’s happy. He’s good at it. What resume´s but still couldn’t find the right per- where they might reside, the highest more could a parent want? son to create graphics for his Georgetown skilled workers we can find to fill these Bruce Hurwitz takes a somewhat different startup Web page company, Ideal Computer view for his son, Gus, 17, who worked last Strategies. Finally he found the person he jobs until we can produce enough work- summer for Netrix, a Herndon computer net- was looking for: the company’s 14-year-old ers here in this country to fill them. working company. Gus also sells a program unpaid intern, Josh Foes. And that is the goal of this legislation. over the Internet that lets people access Frutin said Josh, unlike others, could do There is a program under the exist- their computers remotely or set up Web advanced graphics work and understood how ing immigration laws that allows peo- pages. That now brings in from $750 to $2,500 to translate the customers’ concepts onto ple to come into this country on a tem- a month. the computer. His pay jumped to $10 an hour porary basis to fill high-skilled jobs. Gus said that last year he was seriously and later to $25 an hour for urgent projects. This is a program which is called the Josh, now 15, said it’s changed the way he considering not returning for his senior year, H–1B visa program. Since its inception in part because computer work seemed more thinks about money. He recalls a friend who challenging. But he decided to stick with worked at a toy store saying he made more about 8 years ago, the H–1B program school and college plans after talking it over than $100 after putting in a long week. has had a cap of 65,000 visas per year with his parents. ‘‘That’s the kind of thing I could make in a that may be made available for highly His father, a data communications execu- day, not working very hard,’’ Josh said. skilled people to come to this country tive for a French company, said he has Now Frutkin does everything he can to en- to fill the types of jobs we are talking worked to explain to Gus that college is a tice Josh back, including offering to pay him about here today. Until the 1997 fiscal an hourly rate equal to at least $35,000 a valuable time for exploring new, varied in- year, however, we had never reached terests. And he warns his son that he won’t year. always be the young hotshot, because new ‘‘In today’s market, it’s impossible to find the 65,000 cap. It was not assumed we technologies will surface down the road. someone with those skills,’’ Frutkin said. would reach it when the program was ‘‘I’m nervous that he’s 17 about to go on ‘‘The next ad I run may be in a high school originally created. It was set at a fairly 40,’’ he said. ‘‘I want him to be a child and newspaper rather than The Washington high level—at least it seemed to be the enjoy himself. I want him to be exposed to Post.’’ case at the time. But in 1997 the cap the liberal arts and other things. I don’t Mr. ABRAHAM. This story basically was hit, Mr. President. It was hit ap- want him to be just a computer guy.’’ says, ‘‘Teens with tech talent rise to proximately early in July of 1997. What But as a computer guy, Gus is clearly ex- the top. Not even out of high school, ceptional. He tackled some of the company’s that meant was that at that point and most difficult tasks at the bargain rate of $9 computer jocks rake in big bucks.’’ from that point forward until the end an hour. Netrix’s senior engineers ‘‘had their And it talks about how high school stu- of the fiscal year, companies in des- jaws to the ground’’ in amazement as Gus dents working just part time are mak- perate need of high-tech workers, un- showed them new ways of doing things. ing $50,000 here in the Virginia suburbs able to find them in the United States, Randy Hare, Gus’s former boss, estimates filling some of these high-tech jobs for were also unable to bring them here that Gus is as qualified as a typical senior- which it is difficult to locate suffi- from another country. level system administrator in his thirties ciently skilled personnel. We estimated at that time in the Im- making $80,000 a year. The unemployment rate, of course, as Although employers rave about such young migration Subcommittee that the cap computer aces, they say hiring teenagers can we all saw in the most recent numbers, would be hit even earlier in the 1998 fis- complicate workplace dynamics. is at a 30-year low, and that is great cal year, and our estimate was correct. Datametrics Systems Corp., in Fairfax, got news. We want to see the unemploy- The cap was hit 1 week ago Friday. It a taste of that when it hired Brent Metz, now ment rate go lower. But the fact that it was hit, in other words, at the very be- 17, for the last two summers. The company, is so low buttresses what these various ginning of May in this fiscal year. It is which sells a program that examines large statistics I have just described suggest; our projection that if we do not in- computer systems for inefficiencies, gave namely, that we are at a point now crease this cap, it will be hit even ear- Brent a project predicted that it would take him six to eight weeks. He finished it in a where we are having a hard time filling lier in the 1999 fiscal year, perhaps as week and a half. these high-tech jobs. And if we don’t early as February. ‘‘I think there were a couple of [adult pro- fill them and if the expansion can’t What it means for this year is very grammers] who felt threatened,’’ said Grady continue, I fear we will start to see the simple. Companies in the United May 18, 1998 CONGRESSIONAL RECORD — SENATE S4957 States, high-tech companies that need U.S. Pan Asian American Chamber of Com- to see, it also means that we will not skilled workers and cannot locate them merce. be filling as many new job opportuni- here in the United States at this National Federation of Filipino American ties with people WHO currently are time—because in spite of all these want Associations. hoping that those companies will begin Emerald Isle Immigration Center. ads, there just aren’t people adequately India Abroad Center for Political Aware- their new product lines. It is estimated skilled to meet these specialized jobs— ness. by the Hudson Institute that if we are not going to be able to bring an- B’Nai B’Rith International. don’t increase this cap, we could see a other individual here until next Octo- National Immigration Forum. significant impact on economic ber. Immigration and Refugee Services of growth. They have even projected it to What that means in terms of its im- America. be as much as $200 billion in lost out- plications on the economy is very sig- UNIVERSITY ORGANIZATIONS put. That almost works out to nearly nificant. There are a lot of ramifica- American Association of Community Col- $1,000 for every man, woman and child tions to not increasing the cap. First, leges. in the United States. as I have alluded to already, there will American Association of State Colleges But the ramifications actually go be- be the potential to impair our eco- and Universities. yond simply not being able to fill those American Council on Education. positions until next October. There are nomic growth. If we can’t fill these Association of American Universities. jobs, the companies are forced to defer College and University Personnel Associa- other implications as well. For exam- and delay the initiation of new projects tion. ple, if we can’t hire these talented peo- and new product lines and a variety of Council of Graduate Schools. ple and bring them here now, foreign other similar types of programs, then Madonna University. competitors can and will fill that gap, clearly it will have an impact and ef- Michigan State University. and we will lose people to other coun- fect on economic growth. It means key Michigan Technological University. tries who will then be the ones develop- NAFSA: Association of International Edu- projects will be put on hold. And we ing the technologies that we are talk- cators. ing about. At the same time, if we have a list. Since this cap was hit the National Association of Independent Col- other day, Mr. President, I have heard leges and Universities. don’t even reach the cap and if Amer- from an array of companies indicating National Association of State Universities ican companies can’t bring the talent that they envision in this year being and Land Grant Colleges. here to fill their needs, it increases the forced to either take people off payroll University of Michigan. possibility—in fact it is a very real pos- or not to hire prospective candidates MICHIGAN ORGANIZATIONS sibility—that they will begin to move because they will not be able to get the Bay de Noc Community College. some of the operations we are talking talent they need to fill these key spots. Citation Corporation-Automotive Sales & about overseas. That means we don’t I ask unanimous consent to have Engineering Division. just lose that one job which we are at- printed in the RECORD the full list. Compuware Corporation. tempting to fill through a temporary There being no objection, the list was ITT Industries. worker. It means existing jobs in the Energy Conversion Devices, Inc. United States could be lost if product ordered to be printed in the RECORD, as Michigan Manufacturers Association. follows: Swiftech Computing, Inc. lines of divisions, if new projects, are ORGANIZATIONS ENDORSING THE AMERICAN ERIM International, Inc. initiated in another country. COMPETITIVENESS ACT (S. 1723) Lansing Regional Chamber of Commerce. Obviously, we don’t want to lose BUSINESS ORGANIZATIONS Meijer Corporation. American jobs simply because we can’t Northern Initiatives. American Business for Legal Immigration. get certain specific skilled workers to Phillips Service Industries, Inc. American Council of International Person- this country to begin these kinds of op- The Right Place Program-Grand Rapids. nel. erations. The types of operations we Sensors, Inc. American Electronics Association. are talking about are also very signifi- Software Services Corporation. American Immigration Lawyers Associa- Suomi College. cant. We are not just talking about a tion. Superb Manufacturing, Inc. new widget being developed. We are The Business Roundtable. LEADING SCIENTIFIC AND MEDICAL RESEARCH talking about dealing with enormous Business Software Alliance. important problems confronting our Computing Technology Industries Associa- ORGANIZATIONS tion. American Society for Biochemistry. country at this time. We have all heard Electronics Industry Association. American Society for Cell Biology. in recent weeks from Senator BENNETT, Information Technology Association of Association of Independent Research Insti- our colleague from Utah, who is the America. tutes. Senate’s foremost expert on the prob- National Association of Manufacturers. Biophysical Society. lems we confront with the year 2K situ- National Technical Services Association. Genetics Society of America. ation. Now, we have a Senate task Semiconductor Industry Association. OTHER ORGANIZATIONS force to examine those issues specifi- TechNet. Americans For Tax Reform. cally with what the intent is for us in U.S. Chamber of Commerce. Empower America. Motion Picture Association of America, the Senate, but what we clearly know Inc. EDITORIAL ENDORSEMENTS is there is not one sector of our econ- PHARMA. The Washington Post. omy that is not going to be impacted ETHNIC ORGANIZATIONS Washington Times. by the year 2K problems. Miami Herald. I have heard from numerous compa- Advocates for the Rights of Korean Ameri- Detroit News. cans. nies and numerous individuals trying Ann Arbor News. to meet the year 2K challenges, who American Arab Anti-Discrimination Com- Seattle Times. mittee. The Courier-Journal, Louisville, KY. said it is absolutely vital that we in- American Association of Physicians of In- The Atlanta Journal. crease the H–1B visa program at this dian Origin. Chicago Tribune. time so we can bring in sufficient tal- American Latvian Association in the The Columbia Dispatch. ent to deal with the year 2K problems United States. Fairfax Journal, Fairfax, VA. between now and the end of 1999. Yet, Congress of Romanian Americans. Crain’s Detroit Business. The Indus Entrepreneurs. as I say, we have hit the cap. Joint Baltic American National Commit- Mr. ABRAHAM. Let me just mention I will be talking about this in greater tee. a few of the companies we have heard detail as we go along this afternoon, Korean Americans Association. from already: Intel, IBM, Hewlett- but let me talk specifically about what Lithuanian American Council. Packard, Ford Motor Company, Eli our legislation would do to meet these National Albanian American Council. Lilly. The list goes on and on, and it challenges, both the short-term prob- National Asian Pacific American Legal spans a variety of areas from medical lem we have, such as the year 2K prob- Consortium. The Polish American Congress. research to information technology. lem, and the long-term problem we are Portuguese-American Leadership Council. And as those projects go on hold, it trying to address, the challenge of hav- Slovak League of America. means not only that the company will ing enough American workers to meet U.S. Hispanic Chamber of Commerce. not be growing as fast as we would like the dramatic increases in job creation S4958 CONGRESSIONAL RECORD — SENATE May 18, 1998 in the information technology sector of During the deliberations on this leg- Furthermore, in an attempt to make the economy. islation in the committee when we had certain that no one in any way at- Our legislation would do the follow- our hearings and so on, a lot of dif- tempts to lay off an American worker ing: First, it would temporarily in- ferent issues were raised as to what the to bring in an H–1B employee, we im- crease from 65,000 to 95,000 the cap on real long-term needs will be. Senator pose a $25,000 fine per violation and a 2- H–1B visas. That means an increase of KYL, I think, has wisely proposed be- year debarment from the program 30,000 per year. cause our program is a 5-year program where anyone violates the prevailing In addition, we have created as a with a sunset that we, in a shorter pe- wage rule and it is determined has laid safety valve—so we would have at least riod of time, study the actual situa- off somebody to fill the position with the possibility of congressional over- tion, what the real needs are today, an H–1B worker. sight and examination if we hit that what are likely to be long term, to de- In short, I think we have taken the 95,000 cap sooner than anticipated—a termine whether the projections in steps necessary to guarantee that safety valve which would permit us to such things as the Commerce Depart- abuses in this program will not occur. use up to 20,000 visas from the H–2B ment study bear out. And, as I said, at least in its history so program, if such visas were available Finally, as I said, our legislation is far, very few have occurred. The legis- and unused by that program in the pre- aimed at being both a short-term as lation enjoys broad support, support vious year. As I say, our legislation has well as a long-term fix. The short-term here on the floor of the Senate on a bi- a 5-year sunset to it. In short, we tried fix is to increase the number of H–1B partisan basis, support throughout the to make this a short-term rather than visas. The long-term fix is to provide business community. It has been en- a long-term focus piece of legislation various mechanisms by which Amer- dorsed by the United States Chamber in the hope that in that 5-year period ican workers can be trained to fill of Commerce, the National Association we can develop through job training these jobs. Thus, a key part of our leg- of Manufacturers, Tech Net—a high- programs and our educational system islation is a scholarship authorization tech trade organization—the Informa- the talent we need right here at home. which authorizes funds for scholarships tion Technology Association of Amer- So it would be a 5-year program. Those in science and math for needy students. ica, the Motion Picture Association of increases we have mentioned would be We have worked very closely with the America, and numerous other organiza- for 5 years. Senate Labor and Human Resources tions. In addition, starting in the 1999 fiscal Committee on this part of the legisla- It, likewise, enjoys broad support of year, we would separate out of the H– tion. We will be talking about it, I the academic community, because 1B program health care workers, and think, a little bit later. We have many of these H–1B workers actually create a new category, the H1–C pro- worked with Senators COLLINS and come to the country and assume jobs gram with a limit of 10,000 annual visas REED who have been involved in the in academia teaching American kids for health care employees. We do that higher education reauthorization bill the skills needed to fill these high-tech because a number of people have ex- to try to make sure our language jobs. As a consequence, the legislation pressed concerns about the high-tech tracks the language in that legislation. is endorsed by the Association of program, the skilled worker program. And we believe that, by focusing more American Universities, the National That addresses concerns that if we resources on science and math and Association of State Universities and make this significant increase in the computer science training, we can have Land Grant Colleges, and the American numbers, too many of those will end up an excellent chance of meeting some of Council on Education. being used in areas which do not nec- the long-term needs that have been ref- It is similarly supported by a broad essarily, right now, seem to have the erenced in my remarks today. array of heritage groups, including the need that the high-tech information That is essentially what the legisla- National Asian Pacific-American Legal technology sector requires. So what we tion attempts to do. It also attempts to Immigration Consortium, National Im- have decided to do in the legislation is provide protection, protection for migration Forum, the U.S. Hispanic essentially to create a new category of American workers to make certain the Chamber of Commerce, the Polish- 10,000 visas that would be the limit an- H–1B program is not abused. Already in American Congress, B’nai B’rith, and a nually for health care workers. That the existing program I believe there is variety of others. would reach 85,000 for the information a very firm set of protections that I will summarize later why this legis- technology and other high-skilled cat- stand as safeguards for American work- lation must be passed, but I think in egories. ers. Essentially, what those protec- In addition, our legislation calls upon tions are is a requirement that anyone this opening statement I have laid out the INS to provide us with more infor- who brings somebody to this country the key essentials. Right now, against mation with regard to the H–1B pro- under the H–1B visa program must pay the backdrop of very low unemploy- gram. One of the frustrations that we that individual the higher of the pre- ment in this country, we have a short- have all had, and I know the Senator vailing wage or the salary in their age of skilled workers. We need to ad- from California and I have talked company paid to people of like experi- dress that on both the short- and long- about this in the subcommittee when ence and skill. We think that is a pret- term basis. Our legislation tries to do we discussed this program, is that we ty effective approach and it has proven both. don’t actually know how many workers to be effective. In the entire history of In the short-term sense, we increase are coming in, into various categories, the H–1B program there have been only the cap on H–1B workers to come to because the records are not that ex- eight willful violations determined to this country. We need that or else we plicit. We have records of who applies have existed. But it was our view that are going to see American jobs lost, for these H–1B visas, but we do not and if we were going to increase the num- not gained. This is not a zero sum situ- are unable to get a count on how they bers we should also increase the vigi- ation, Mr. President. Without change actually are distributed. We need that lance with which we look at this pro- in this cap, without doing it soon, we information if we are going to do the gram and the penalties against anyone will start to see a very significant im- kind of long-term focus that I think who might seek to take advantage of pact, I believe, in our high-tech indus- necessary to properly oversee this it. tries. whole program. So in addition to the aforementioned Mr. President, I yield the floor. We To that end, and in addition to get- components of the legislation, our bill expect to have additional speakers on ting numbers—thanks to an initiative does the following: It increases from our side as the afternoon goes on. that Senator KYL, a member of our $1,000 to $5,000 per violation the fines to Mrs. FEINSTEIN addressed the subcommittee, has proposed—we in- be imposed on any company that fails Chair. clude in the legislation the conducting to meet that standard I indicated of re- The PRESIDING OFFICER. The Sen- of a study by the National Science quiring an H–1B individual to be paid ator from California. Foundation to try to more accurately the higher of the prevailing wage in the Mrs. FEINSTEIN. Mr. President, gauge our high-tech, skilled worker industry or the actual salaries paid in very shortly, Senator KENNEDY, the needs. that company for this type of position. ranking member of the Immigration May 18, 1998 CONGRESSIONAL RECORD — SENATE S4959 Subcommittee of the Judiciary Com- In practical terms, the H–1B visa links the Seventy-five percent of the workers mittee, will be presenting an amend- foreign student to legal permanent resi- who have been coming in under this ment which I will strongly support. It dence. Anecdotal accounts— program are at salaries from $25,000 to is very similar to the amendment And I think Senator ABRAHAM men- $50,000. So these are not, in the main, which was offered in committee, pro- tioned correctly that we really don’t the jobs of $100,000 or more. These are posed both by the Senator from Massa- know; the recordkeeping in this pro- exactly the jobs that graduates of the chusetts and myself representing Cali- gram is very bad— new age, graduates into the global fornia. I voted for it then, and I will Anecdotal accounts tell of foreign students economy from our schools all over the vote for it now. who are hired by U.S. firms as they are com- United States should be taking to de- I did in committee also vote for the pleting their programs. The employers ob- velop a sinecure in an industry that is Abraham bill, because Senator ABRA- tain H–1B visas for the recent graduates, and only going to bloom in the future. HAM is correct, there is a problem. The if the employees meet expectations, the em- So I am troubled by the Abraham high-tech industry is consistently ployers may also petition for the non- bill’s numbers. Again, they are 605,000 turning to foreign nationals to fill low- immigrants to become legal permanent resi- over 5 years. And 550,000 would go for level computer-related jobs. dents, through one of the employment-based high-tech workers as opposed to the In my State of California, this is a immigration categories. Some policymakers consider this a natural and positive chain of amendment that Senator KENNEDY will very big deal. High tech currently pro- events, arguing that it would be foolish to shortly make, which would be a 3-year vides about 814,000 jobs in California. educate these talented young people, only to program, 270,000 jobs. That is 181⁄2 percent of the total Cali- make them leave to work for foreign com- Mr. President, I yield the floor at the fornia employment. So it is a substan- petitors. Others consider this a pathway pro- present time. tial industry. When this industry says gram. Mr. ABRAHAM addressed the Chair. to their Senator, ‘‘We can’t hire high This is really my point and my con- The PRESIDING OFFICER. The Sen- school or college graduates to fill our cern about the Abraham legislation. ator from Michigan. Mr. ABRAHAM. Mr. President, thank needs,’’ I obviously have to be very The Abraham legislation essentially is concerned. you. a 5-year program, and over 5 years, it I would like to put a couple of points I have become very saddened by our would permit 555,000 new foreign na- high-tech CEOs who repeatedly tell me into perspective, first of all, which re- tionals to come into this country, 50 late to the statements of the Senator they cannot find qualified workers. As percent of whom would remain. This is a matter of fact, during the hearings in from California with regard to the the 555,000 that is specially targeted for numbers. I indicated in my opening the Judiciary Subcommittee, we even high tech by the Abraham legislation. heard one CEO say that they adver- statement we have a very significant However, the Abraham legislation also problem just understanding exactly tised a brand new, I think it was a Ford provides an additional 10,000 workers Mustang for any individual who would what the numbers are. per year for non-high-tech jobs. That is For instance, the issue with respect take one of these computer-related a total of 50,000 over 5 years. So when jobs. to physical therapists taking 26 per- you add that together over 5 years, this Senator ABRAHAM is correct, the in- cent of these positions—we do not is an additional 605,000 foreign workers dustry will reach the cap of 65,000 by know that is the percentage of applica- coming into this country, taking jobs May of this year. As Senator ABRAHAM tions that have come to INS. And our stated, this presents a very serious which many of us believe should be legislation attempts to do two things problem. filled by American young people, to address it. Let’s talk for a moment about this American high school and college grad- First, it attempts to force INS to tell 65,000 cap and the way it is now. The uates. This is over a 77-percent in- us not what the application numbers 1996 Labor Department report shows crease in numbers, Mr. President. are but who actually gets the H–1B po- that only 41 percent of the H–1Bs pres- The amendment that Senator KEN- sitions. We need to know that to shape ently are computer-related professions. NEDY will offer is essentially a 3-year this program more effectively. Second, with respect to health care Another 26 percent are physical thera- program which is a total of only 270,000 workers and physical therapists, and so pists and health professionals. It is not workers coming in targeted for high on, our legislation actually attempts only computer-related people who are tech over the 3 years. The program to put a cap on that category of 10,000, presently coming into this country on would sunset after 3 years, and we so that, in fact, 26 or 30 percent of a H–1B visa, 26 percent of them are would have an opportunity to take a good look at that program at the end whatever of the H–1B visas cannot go physical therapists, which is kind of into that category. The legislation canny to me to think we can’t find of that period of time, hopefully have better records by then and hopefully be that the Senator from California al- American health therapists for these ludes to, that would not put that cap in jobs? The IG’s report also shows that better aware of what the needs are after that period of time. place, means that literally all of the some H–1B employers have contracted positions could go to these categories their employees out to other compa- I mentioned that there are about 815,000 high-tech workers in this coun- that I think most of us would agree do nies functioning as job shops, compa- not need to be filled with H–1B work- try in California alone. So this is really nies that hire predominantly or exclu- ers. In fact, our legislation, the bill be- a huge new immigration program over sively H–1B’s and contract them out. fore us, attempts to move us in a direc- 5 years. Nobody should think to the Current law does not prohibit this tion to attempt to address that prob- contrary. It will let in over 600,000 for- practice of running these job shops, de- lem. spite the concern that these job shops eign nationals, one-half of whom, by Next, with respect to the actual num- are paying the H–1B’s less than the pre- our own past statistics, will remain in bers themselves, the statistics of the vailing wage and have a negative im- this country as legal aliens able to Senator from California are not accu- pact on the American worker’s ability work in this country. In other words, rate. Currently, if we do nothing legis- to keep his or her job. they will have green cards, and they latively, 325,000 people will come in The 1996 Labor Department report will continue to go from temporary over the next 5 years under the H–1B also indicates that 48 percent of em- worker to permanent worker, thereby program. Our legislation increases that ployment-based, permanent immigra- taking up a job which an American amount by 30,000 per year to 475,000. tion is admitted through the H–1B pro- young person could occupy. And the amount that was referenced gram, and this is a major point I want Now, this troubles me. It really trou- with respect to health care workers to make. The H–1B program is not nec- bles me. And the reason it troubles me comes out of that 95,000. It is not in ad- essarily just a temporary worker pro- is because these workers are not nec- dition to the 95,000; it is 10,000 under gram. Fifty percent of these workers essarily superstars. The superstars the 95,000 per year cap. So the numbers achieve permanent status and remain come in. These are lower level com- that were just referenced simply are in this country essentially forever. puter programmers. They really are not correct. This is a big problem. $50,000-a-year job occupants. Lastly, I would like to just comment From the CRS report on this issue, As a matter of fact, there is a chart this is not a bill about foreign ex- dated May 13, 1998, I read the following: that essentially shows the salaries. change students, but I just say this: We S4960 CONGRESSIONAL RECORD — SENATE May 18, 1998 already have in place a system by The PRESIDING OFFICER. Is there ing purposes and titles, but they are which individuals can get permanent objection? Without objection, it is so wolves in sheep’s clothing. Excluding green cards annually. Approximately ordered. those that the subcommittee chairman 140,000 such cards are available each Mr. ASHCROFT. Thank you, Mr. has agreed to accept, these amend- year. We do not use all of those. So President. ments are designed to kill the bill and whether or not people coming in under I want to begin by thanking Senator should be defeated for that reason. the H–1B program end up becoming ABRAHAM of Michigan for his attention Isn’t it ironic that some Members are permanent employees has not forced to this very important issue. It seems unwilling to help an industry do ex- that number higher. We do not even to me that this is a fundamental issue actly what we want every industry in use the 140,000. But to the extent that that relates to the success and survival this country to do, and that is to be- we do use permanent green cards for of this culture in the next century. come the best in the world. Some peo- anyone, it seems to me, at least, that The long-term impact of a Govern- ple want to keep our industry from at- it makes more sense for the people who ment-imposed shortage of high-tech taining that standard. receive them to be people who came to workers is clear. If workers cannot We make the same mistake over and the United States, were trained in our come to these jobs, then the jobs will over again in Congress. We already are colleges, then worked in our companies have to go to the workers. forcing the encryption industry to relo- and paid taxes. It seems to me they are We have an option here, an option of cate to foreign shores through anti- more valid permanent green card re- whether or not we bring workers to quated export restrictions, and now cipients than individuals who did none these jobs and have the industry in the Members entertain amendments that of the above. United States or these companies de- will make difficult the United States Why should we train people at our cide to take these jobs to wherever the success in the entire technology sector colleges to take on these very impor- workers are otherwise. by restricting the import of needed tant 21st century jobs and then see Let us not fool ourselves. There are skilled workers. them leave and go work for foreign several countries that have the re- Perhaps the most disturbing amend- competitors? Again, it would make sources to begin a strong technology ments are those that would let loose a some sense to bring that issue up if we sector. I believe it would behoove us to swarm of Federal bureaucrats into the were going to be limiting the number make sure that the technology sector high-tech industry to investigate hir- of permanent green cards available on continues to exist in the United States ing practices. Is this the role that we an annual basis, but this legislation of America. want Government to play in any indus- does not attempt to do this, nor was Some of my colleagues seem to view try—to create another set of regu- that part of anyone’s proposal. this bill too narrowly. They view it as latory hurdles that stifle growth and So I think, in sum, that the earlier an immigration issue and an immigra- productivity? The energy of this recov- statements I made remain accurate tion issue alone. My colleagues are not ery, the energy of our economy, has and certainly are on point to deal with to be blamed for wanting to make cer- been provided by the high-tech indus- the worker shortage we confront right tain that Government policies respect try, and it has been able to do so ab- now. the needs and interests of American sent Government interference and con- Mr. President, I yield the floor. workers. This legislation, however, trol. I believe it would be an inappro- Mr. ASHCROFT addressed the Chair. does not threaten American workers in priate decision, it would be a tremen- The PRESIDING OFFICER (Mr. any way. No one is being replaced. dous insult, and, frankly, an injury to INHOFE). The Senator from Missouri. We are not dealing with a situation this industry if we were to move Gov- Mr. ASHCROFT. I suggest the ab- in which legal immigrants are coming ernment in massively, as some of these sence of a quorum. to the United States to compete with amendments will propose. The PRESIDING OFFICER. The low-income, native-born workers or, As I have said before, we can allow clerk will call the roll. worse yet, coming to live off the Fed- workers to come to these jobs in Amer- The bill clerk proceeded to call the eral dole. That is not the situation ica, or we can force those who want roll. here. these jobs done to take the production Mrs. FEINSTEIN. Mr. President, I The shortage of workers in this in- facilities and the jobs that go with ask unanimous consent that the order dustry is well documented. Filling them someplace else. It seems that for the quorum call be rescinded. these jobs with skilled workers, wheth- would be insanity. It does not take a The PRESIDING OFFICER. Without er born here or overseas, is in Ameri- highly trained computer expert to fig- objection, it is so ordered. ca’s best interests. We have a chance to ure out what we want. We want to keep Mrs. FEINSTEIN. The amendment either import the workers or export the jobs here. If we have the jobs here, that the Senator from Massachusetts the jobs. It seems to me that clearly we and we can get the people, then keep will propose will not have a 3-year would want to bring in these critical the jobs here rather than export the limit on it at this time. That was our workers who can sustain this industry jobs to where the workers may happen bill we had in committee. Rather, it and help us sustain it as an American to be. will require that employers look for industry. The technology sector of our country American workers first before they Indeed, it would be a grave mistake, has had tremendous success by almost hire foreign workers and that they in my judgment, to send even any por- any measure—in productivity, in cap- have not laid off American workers 6 tion of this dynamic and critical sector ital, in growth and in sales. months prior or 3 months after they abroad in search of workers. It would However, this thriving sector is run- put in an application. send the wrong signal. It would be the ning into a problem that even the best So I am happy to be able to make wrong strategy. The economic and na- engineers cannot design around—a lack that clarification. And I believe Sen- tional security benefits of keeping this of individuals with the necessary skills ator KENNEDY will be here momentar- industry in the United States are sub- to power the growth of American ily. stantial. They should not be over- ‘‘high-tech’’ industries. The common I yield the floor. looked. This industry will continue to approach of Silicon Valley of ‘‘Just Fix Mr. ASHCROFT addressed the Chair. flourish. But if the U.S. Government It’’ doesn’t work in this instance—the The PRESIDING OFFICER. Who needlessly restricts one of the key in- engineers cannot overcome design yields time? puts—that is, the necessary labor for flaws or test for efficiencies because Mr. ABRAHAM. I yield 5 minutes to growing—it will flourish somewhere the problem is imposed not by outdated the Senator from Missouri to speak on else. We don’t need for this industry to technology but by the outdated laws of the bill. flourish on someone else’s shores. We the federal government. The high tech Mr. ASHCROFT. I ask unanimous want this industry to flourish on our sector has come to the federal govern- consent at the conclusion of the 5 min- own. ment to ask for assistance in an area utes speaking on this bill that I be able I understand some of our colleagues that is in the control of the federal to continue for 10 minutes as in morn- will seek to amend the legislation. government—the granting of visas to ing business to address other issues. These amendments have noble sound- highly skilled technical workers. May 18, 1998 CONGRESSIONAL RECORD — SENATE S4961

I rise today to applaud an industry tee chairman, Senator ABRAHAM, for taxes. This is a massive tax increase on that is so dynamic that it has depleted his outstanding work in this respect. It the poor. If Washington gets its way, the tremendous human resources avail- is not merely an immigration bill; this cigarette excise taxes will rise by $1.50 able in this country so swiftly. We, as is a bill that relates to the success of a pack. For someone who smokes two a nation, should take great pride in our the high-tech industry, an industry in packs a day and whose spouse perhaps technology sector, and even greater which America continues to be the No. smokes one pack as well, this amounts pride that this robust sector of our 1 power. to a tax increase of $1,642.50 annually. economy continues to thrive. What is the situation regarding time? And that tax increase for three packs a One frightening trend that has begun The PRESIDING OFFICER. The Sen- day on the family would be the same, to emerge in this Congress is the con- ator has 10 minutes to speak as in whether the family was very poor or sideration of laws that would directly morning business. the family was very wealthy. To find involve the federal government in the Mr. ASHCROFT. I thank you for in- out the magnitude of this tax, if you operations of the technology sector. forming me of that. take $1,642 a year out of the income of Any number of bills introduced with f poor Americans, you are really impair- the best of intentions would have ig- ing significantly their ability to pro- nored budding and dynamic technology TOBACCO SETTLEMENT vide for their families. and instead imposed a quick legislative LEGISLATION It is immoral for this Government to fix that would have remained in the Mr. ASHCROFT. I rise in opposition tell poor families, you cannot provide code for years. This push for instant to the massive tax increases that are for yourselves; we are going to take the gratification and instant solutions will contained in the so-called tobacco set- money from you and force you to come lead to disastrous results in the dy- tlement. I want the Senate to know to the Government to ask us to provide namic area of high technology. Instead, that I will fight to kill any tobacco bill for you. Moreover, the new taxes paid Members of Congress must start mak- that contains a tax increase of the by someone smoking two packs daily ing the tough decisions on how to allow magnitude being considered, $868 bil- would exceed the per capita tax relief our technology sector to continue to be lion. contained in the Senate budget resolu- an engine of growth for our economy, The proposed tobacco bill is nothing tion by a factor of 50. continue to provide greater efficiencies more than an excuse for Washington to The Senate budget resolution pro- for business, guarantee lifestyle en- raise taxes and spend more money on posed tax relief for America. For the average smoker, smoking two packs a hancements to all people, and continue Federal programs. It a shame that bad day, they would have a tax burden to position the United States as the decisions made by free people in Wash- added to them 50 times as great as the world’s technology leader. We need to ington, DC, become the basis for a tax relief that we proposed in the budg- focus less on imposing new government monumental task. The decision to et. I think that is unconscionable. It is obstacles to tomorrow’s technologies smoke isn’t a good decision, but it is obvious that the most addictive thing and more on removing government as something that people are free to do. in Washington is not nicotine, the an obstacle to growth in this dynamic And we are using it as the basis for an most addictive thing is taxing and sector. incredible and substantial tax. spending. This brings me to Senator ABRAHAM’s Let me just say that this tobacco set- legislation, the American Competitive- In the 15 years prior to 1995, Congress tlement is the largest proposed in- has passed 13 major tax increases. A ness Act. I am proud to be a cosponsor crease in Government and bureaucracy of this important legislation because it list of those tax increases includes the since the proposed health care scheme, removes a government-imposed limit Crude Oil Windfall Profit Tax of 1980, which both this Senate and the Amer- on the growth of the technology sector. the Omnibus Reconciliation Act of ican people had the good judgment to We should all support the Abraham leg- 1980, Tax Equity and Fiscal Respon- reject. islation as a means to facilitate the sibility Act of 1982, Social Security It would be a travesty for Congress to continued growth and success of an in- Amendments of 1983. Last year’s Tax- use tobacco as a smokescreen for im- dustry that is so important to our na- payer Relief Act was the first meaning- posing this massive tax increase on the tion. ful tax cut since 1981. In closing, Mr. President, I must call people of America and to cover an ex- The tobacco tax increase will more attention to another troubling aspect pansion of the ‘‘nanny’’ state. than erase—more than erase—all of the of this debate, the glaring omission of This massive tax increase would be benefit to the American people of the leadership from the Clinton Adminis- levied against those who are least ca- tax cut passed last year. The tobacco tration. I am frustrated by this Admin- pable of paying for it. According to the tax increase also exceeds by a factor of istration’s continuing talk of support Congressional Research Service, ‘‘To- 3 the relief projected in the budget res- for the industry of Silicon Valley. As I bacco taxes * * * are perhaps the most olution passed by the Senate last cast about in search of that support I regressive tax levied.’’ month, even as it applies to the entire find precious little. So I just ask— Here we have a tax that falls most population, not just to smokers. where is the Administration support heavily on poor people. About 60 per- The Congressional Budget Office ex- for this important legislation? Where is cent of this tax would fall on families pects the budget surplus will swell to the support for a well thought-out earning $30,000 or less. Let me go to between $43 billion and $63 billion this encryption policy, for the elimination this chart. People earning under $30,000 year. Why is that? Taxpayers are work- of arbitrarily imposed taxation of the would pay 59.4 percent of this tax; peo- ing longer, they are working harder, Internet—which currently remains ple paying $115,000 or more, 3.7 percent they are paying more taxes. You don’t international in scope but subject to of this tax. This is nothing more or less have the swelling of revenue to the tax by any municipality, or for leader- than a massive tax increase, the inci- Federal Government because people ship in confronting what may be the dence of which falls most heavily on aren’t paying taxes; you have it pre- most dangerous threat to our economy, poor families earning $30,000 or less. I cisely because they are paying taxes. The Year 2000 bug? Mr. President, think many times these are young fam- Taxes are going up. And we should be where was the Administration just two ilies—mom and dad, maybe a couple of debating how to return money to the weeks ago when we were fighting to kids—stretching to make ends meet on taxpayers, not how to siphon more out take a truly damaging provision on $30,000 or less, and the lion’s share, the of their pockets—especially out of digital signatures out of the IRS bill? overwhelming lion’s share, is coming hard-working Americans at lower-in- I urge the Administration live up to out of the pockets of individuals mak- come levels. The proposed tobacco bill its words and help us create jobs and ing less than $30,000 a year. is nothing more than an excuse for growth in the technology sector. It is According to the Congressional Re- Washington to raise taxes and spend time for the Administration to stop search Service, households earning less more money on new Federal programs. talking the talk and begin walking the than $10,000 would feel the bite of the I will fight to kill any tobacco tax bill walk. tax most of all. Smokers making less that contains a tax increase of the I urge my colleagues to support this than $10,000 would pay in excess of 5 magnitude being considered. It is an af- legislation. I commend the subcommit- percent of their income in additional front to the dignity of Americans and S4962 CONGRESSIONAL RECORD — SENATE May 18, 1998 it is immoral to take this kind of failure to provide adequate training for We want to make sure that, one, as a money away from poor families, which American workers. These are good great Nation that has the capacity to will force them into dependence on high-tech jobs in the modern economy. train our workers, we are going to pro- government in some circumstances, Over the next decade, it is estimated vide skills for those workers. For every rather than allow them to have the that high-tech computer companies worker that goes into the job market money they earn to spend on their fam- will need 1.3 million additional employ- today, they are going to have seven dif- ilies. ees, and American workers deserve ferent jobs. Under the excellence bill, To paraphrase President Reagan, the help in obtaining the skills to compete which was passed just over a week ago whole controversy comes down to this: for them. by the leadership of Senators DEWINE, Are you entitled to the fruits of your It is not enough just to raise the im- JEFFORDS, and WELLSTONE, we have own labor, or does Government have migration quota. Any bill that passes tried to bring our training programs up some presumptive right to tax and tax this Congress should, I believe, have to the demands of the turn of the cen- and tax? two additional things. First, it must tury, so that Americans are going to I urge my colleagues to oppose this assure American workers that they have a continuing possibility for up- legislation. will get the training opportunities they grading their skills. They are going to Mr. President, I suggest the absence need to compete for these good jobs. It need that. of a quorum. makes no sense to throw in the towel We as a nation should make sure that The PRESIDING OFFICER. The by increasing the immigration quota, those kinds of opportunities for self- clerk will call the roll. even temporarily, without also invest- improvement are going to be available The assistant legislative clerk pro- ing substantially in the training of to working families in this country. ceeded to call the roll. U.S. workers. We must not give away That is very, very important, I believe. f these good jobs forever. We must invest The Senate went on record a week AMERICAN COMPETITIVENESS ACT in our workers, and that means putting ago with a very strong bipartisan vote to do just that. We don’t want to carve The Senate continued with the con- real money on the table for training out an area. We don’t want to say we sideration of the bill. American workers. Mr. KENNEDY. Mr. President, I ask The bill that came out of our com- will train Americans for some jobs but unanimous consent that the order for mittee, I believe, failed. It was a good- we are not going to train them for the the quorum call be rescinded. faith effort to try to do so, but I be- computer jobs in this Nation. That The PRESIDING OFFICER. Without lieve it failed in making that kind of makes no sense. That virtually turns objection, it is so ordered. commitment. We have been working our back on what we committed to Mr. KENNEDY. Mr. President, I with the chairman of the committee to American working families just a week know we have the time allocation. address that particular issue. There is ago. We shouldn’t carve this area out Could the Chair tell me how much re- no reason in the world why we should and say, ‘‘We are not going to provide mains on our side? not provide these kinds of skills for that.’’ That is why we have been work- The PRESIDING OFFICER. The Sen- American workers. That is really what ing with our friend and colleague, the ator’s side has 47 minutes remaining. this debate here this afternoon is all Senator from Michigan, to try to ad- Mr. KENNEDY. Mr. President, I yield about. We recognize that we may very dress that. I think we have seen some such time as I might use. well have a need to increase this cat- important movement on this issue. I Mr. President, as of May 7 the immi- egory in order to bring in some of those certainly appreciate his understanding gration quota for skilled temporary that have particular skills that might of that importance. We are trying to foreign workers was full. The 65,000 be important in terms of our American work out an approach on that. That is visas available each year under the H– industry, and we can have a chance to going to meet some of the concerns 1B visa category have been claimed. go over the record on that particular that he and others have. For the remainder of the fiscal year— issue. I think, quite frankly, it is a But a second important point is that almost 5 months—no more visas are mixed issue. Nonetheless, given the we don’t want to say to American available. The quota filled rapidly this evaluation of the information that is workers who are working in the com- year because U.S. high-tech computer out there, I think we should take a puter industry now, to have their boss companies are bringing in foreign pro- temporary step. But beyond that, there come up to them and say, ‘‘You are grammers in record numbers. Ameri- is no reason why we should not develop fired because we have someone else ca’s high-tech industry is undergoing the kinds of training programs and the who will replace you at the same extraordinary growth, and the demand kinds of initiatives to make sure, to wage.’’ That is legal in America today. is high for more workers, so they have the extent possible, that we are going Any of these large companies can bring turned to the immigration laws to to provide the skills to American work- in the temporary workers having met bring them in from abroad. A tem- ers so they can have the jobs, and not some rather fundamental kinds of re- porary increase in the immigration just have a more open-ended immigra- quirements and just displace Ameri- quota is justified. We all want to en- tion policy in these categories for for- cans. I think that is wrong. I think sure that our high-tech industries get eign-trained workers. That really is an that is absolutely and fundamentally the workers they need to remain important part of this debate. wrong. We will have an amendment to healthy and competitive. A second very important part of this try to address that issue. I have always felt that with regard to debate is how we are going to treat the Second, we want to make sure that our immigration laws we ought to, American workers. We find that at there is going to be at least an effort, first of all, recognize the importance of least we will have a chance, probably, some effort. All we are talking about in families and family reunification; and to go into this in some detail, and that this case is an attestation; we are say- then, secondly, if they are going to there is at least a record out there that ing to the employer that you attest bring in those who have special skills, a number of these individuals come that you have made an effort to try to which is going to expand the American into this country, and they know that hire an American worker. What we are economy, a case could be made for if they have their job terminated, they saying is we are not setting up any those individuals. They could make are effectively deported; they can’t re- type of rule or regulation. We are say- that—particularly in the years of 1980 tain their green card. There is some ing whatever the industry requires, and as we came into 1990, we are facing evidence that these individuals have whatever the pattern is in the particu- the unemployment that we are facing, displaced American workers who were lar industry. So if a particular industry we did recognize the importance of holding those jobs. is just publishing something on the these special skills that will result in Then, subsequently, there has been Internet, e-mail, whatever, that is suf- expanding the American economy and an adverse impact on the wages of ficient in terms of meeting that re- expanded employment. That does make those workers who are virtually hand- quirement. Whatever the industry sense. cuffed, so-to-speak, and trying to com- does, we say that is fine. All the com- The demand for more foreign workers plain about it, because if they com- pany has to do is just say OK, we have is an embarrassing indictment of our plain, they are shipped back overseas. done that. That is all. That is the total May 18, 1998 CONGRESSIONAL RECORD — SENATE S4963 amount of paperwork. But what we are under the H–1B visa program are obvi- to enforce the rule where there is rea- trying to do is say that we are going to ously talented. We should put out the sonable cause to believe that they have give some priority to American work- welcome mat for accomplished people been broken. ers. The company is just going to have who have unique skills to improve our We permit the enforcement. If we do to follow whatever the industry does in economy and create jobs, but accom- not have enforcement, we have abuses. recruiting, is going to have to do so plished workers represent only a frac- Your rights are diminished if you do with regard to these workers. I think tion of the foreign workers who come not have the ability to have a remedy. that is very important. We don’t want to the United States under the H–1B That is just basic fact. We don’t have to displace American workers, and we program. to spend the time on the floor to really I have indicated that more than want to make sure than an American debate that issue. Unless we are going 75,000 would be about 5 percent. We worker who has those kinds of skills is to have that kind of protection, you might even stretch it to up to 20 per- going to be able to get that job. Those are going to have the kind of abuses cent. Most of those who are coming aren’t, I don’t think, very radical kinds that have taken place and continue to into this program are lower-level com- of concepts if we are talking about take place. what we are interested in—looking puter programmers. Many are physical after American workers’ families. therapists, occupational therapists, Stephen Schultz is an engineer who What are these jobs? When you come nurses, and 80 percent are paid less was laid off from his job in Modesto, down to it, we will probably come back than $50,000, as I referred to. These are CA. to revisit this issue a little later in the good jobs, and the working families of He was then asked to come back to debate. But, according to Department America should get the first crack at his company on a temporary basis in of Labor figures, from 1997 on the H–1B them. order to train his foreign replacement. jobs, on the certification of what these The bill before us does little or noth- There was nothing Mr. Schultz could jobs are, and what they pay, this chart ing to enhance the accountability and do about it. He was laid off and re- is an indication of what the pay is for enforcement of the H–1B visa program. placed by a foreign worker. To add in- these particular jobs. If you look at Some say the current program is satis- sult to injury, he was asked to train his this particular chart, Mr. President, factory. They cite the low number of foreign replacement. Can you imagine you will see that 76 percent of these violators found by the Labor Depart- that, Mr. President. Here is the person jobs are from $25,000 to $50,000 a year. ment as evidence that the terms of the who is laid off. The company hires These are good jobs. It is difficult for program are widely observed. But the someone from overseas, brings them me to believe that we cannot develop reason so few violations are discovered over here, puts them in that job and training and education programs so is that the Labor Department’s hands then hires the worker that had been that American workers can get those are tied. The Department cannot inter- working there, I believe in this case 5 particular jobs. Those are good jobs for vene unless a complaint is filed. And to 7 years he had been working there, working families. We are not prepared few workers dare complain. As I men- to train that worker to fill that per- to say that we are going to turn our tioned before, if they complain, they son’s job. That was happening. That back on Americans for these kinds of are shipped overseas and they are gone. was happening. Now, that is absolutely jobs. No matter how poorly they are being and fundamentally wrong, and we do Another 16 percent go from $50,000 to trained and how overworked they are not want to permit, as we are seeing in $75,000. Those are good jobs, too. What being worked, if they complain about the expansion of this program, those you are talking about here is that that part and get fired, they lose their kinds of practices. more than 5 percent of those are below green card, and it is back to their I commend Senator ABRAHAM for rec- $75,000. country of origin. That has to be, and ognizing the problem, but unfortu- Then you have these in the smaller it is, an important factor. The fact nately the antilayoff provisions in the group, approximately 5 percent, that that we have not had the complaints is bill, I believe, are inadequate. They are in excess of that $75,000. Those are because to do so would jeopardize their apply only in a very limited cir- represented by those, I think, that we immigration status. So they either ac- cumstance. The employers who lay off call the ‘‘Best and the Brightest’’ in cept the abuses or change employers. U.S. workers and replace them with this category. We said they don’t have But they don’t complain. to go and have an attestation or re- We know there are serious problems. foreign workers can be penalized under quirement in terms of seeking alter- This is the issue. Two years ago, the this bill only if they break the law natives for those individuals who are Labor Department’s inspector general first. Only if they break the law first. going to universities or doing research. completed the largest study of the pro- Under this bill, you can lay off Amer- They don’t have to go through even gram. That is the basic program, the ican workers and replace them with these very preliminary steps. What we fundamental, the temporary worker foreign workers as long as you don’t are trying to do is to say for the basic program, which is the issue that we are underpay them or use them as strike- jobs that are in these categories that talking about here today. They re- breakers or commit some other viola- fall roughly in $75,000 or less that they viewed some 720 cases in 12 States. The tion first. We should require employers should not displace American workers results were appalling. In 75 percent of to state that they have been unable to and that American workers ought to the cases, the inspector general could find qualified workers in this country get the first crack at it. That is basi- not even tell from the employer’s before they apply for workers from cally what the amendment I will be of- records whether the employer paid the abroad. fering later this afternoon calls for, H–1B foreign worker the proper wage. Now, a high-tech facility in New and what we, I believe, should bring to If those are good documents on what Mexico announced a hiring freeze and our attention. they paid, 19 percent of the employers refused to accept job applications, but Mr. President, it matters to U.S. paid less than the wage that they had at the same time they brought in 53 high-tech companies that want more promised on their applications. foreign workers under the H–1B visa visas. But it also matters to workers Any bill that the Congress sends to program. Alan Ezer, a 45-year-old com- who are laid off by unscrupulous em- the President must remedy this prob- puter programmer with 10 years of ex- ployers and replaced by foreign work- lem. The Labor Department should perience in the field, has kept his skills ers. It matters to middle-aged com- have the same authority to enforce the up to date. He was willing to take a cut puter programmers who work hard to rules under this program as they have in pay to stay in the industry. After he keep up their skills but are laid off in to enforce workplace standards and the was laid off, he sent out 150 re´sume´s. favor of younger workers who will minimum wage, and they should have He got one job interview and no job of- work longer hours at cheaper pay. And the same authority that the Immigra- fers. Rose Marie Roo is an experienced it matters to working families who tion and Naturalization Service has to computer programmer. When no one would love to get one of these jobs and ensure that employers do not hire ille- would hire her to do computer work, make $30,000, $40,000, or $50,000 a year. gal immigrant workers. That means she and her husband opened a bed and Many of the workers who come in giving the Labor Department authority breakfast in Florida. Peter Van Horn, S4964 CONGRESSIONAL RECORD — SENATE May 18, 1998 age 31, with a masters degree in com- were and we heard a good deal of testi- for teachers, accountants, dietitians, puter science, lives in California. Em- mony from different groups that one of piano tuners, drafters, realtors, con- ployers won’t hire him either. The list the things that was pointed out by the struction workers, and many others. goes on and on. General Accounting Office was the sal- Many of these workers are in the Many of the Nation’s high-tech firms aries in these particular areas have not early stages of their careers. As the Re- are blatantly turning away qualified increased effectively over time. At publican views in the Committee re- U.S. workers while appealing to Con- least some of the economists in the port on this bill correctly note, ‘‘many gress for more foreign workers. Not all General Accounting Office found that H–1Bs are foreign students recruited off but some. And those are the ones that sort of interesting because, generally U.S. college campuses.’’ U.S. workers need the attention. It is that kind of speaking, when there is a greater de- should have first priority for these injustice these amendments which I mand for these kinds of skills, the sala- jobs. will be introducing focus on. So this, ries all go up. If you want to recruit In fact, American college students too, must change. Employers should be people, with supply and demand, the are specializing in computer studies in required to state that they have made salaries are going to increase, but they growing numbers. According to the an effort to recruit in this country did not find that increase in the sala- Computer Research Association, the first. Some argue that if we impose ries. They sort of stayed standard in number of college students majoring in these new requirements, the program terms of other skilled occupations. computer science increased by 91 per- will bog down in redtape. They say em- That is where they had drawn some cent from 1995 to 1997. My amendment ployers will have to wait too long to concerns about the legislation. will assure that when they graduate, get their workers from abroad. Now, Mr. President, I would I ask they will not have to worry that they Our solution, as I mentioned, is very unanimous consent that the time I now must compete with foreign workers for simple. Employers must simply state use be allocated to the recruitment U.S. jobs. on one sheet of paper they have laid amendment, if there is no objection. Some argue that this amendment someone off and that they have been The PRESIDING OFFICER. Without creates unnecessary additional paper- unable to locate workers in this coun- objection, it is so ordered. work. In fact, the amendment requires try. That is all. If you are concerned Mr. KENNEDY. I will just reserve the only that employers attest—on a sim- about redtape, then look at what the other time for general debate, if I ple, one-page H–1B application form— bill does. It transfers the program to could. And then I could stop and put that they have tried to recruit U.S. the most overwhelmed and most back- that in. But I think this is OK with the workers for the job and failed. They are logged agency in the Federal Govern- chairman, or if the Senator wants to required only to use recruitment proce- ment, the Immigration and Naturaliza- make some comments. dures that are common for the indus- tion Service. It takes a year for Amer- Mr. ABRAHAM. Actually, I was try. ican citizens to bring spouses or chil- about to yield to Senator BROWNBACK. I If the standard practice among com- dren here. That is supposedly our high- think he would like to speak when the puter companies is to post the job on est immigration priority, uniting citi- Senator is finished. the internet for five days, that’s all zens with their families, but it takes Mr. KENNEDY. Yes. I will just make they have to do to satisfy this require- years just to process the paperwork to some brief comments here and then I ment. bring these families together. After in- will yield. The Labor Department does not in- dividuals actually qualify for citizen- My amendment says that before em- vestigate the application in advance of ship, it takes 2 years or even longer for ployers can bring in foreign workers the foreign worker coming here. In them to have the forms completed. under the H–1B visa program, they fact, the Labor Department is required So we have an opportunity today to must attest that they have tried to to act on the application within seven pass legislation that responds to the hire U.S. workers first. days. So all the employer would do, needs of the high-growth high-tech in- These are good well-paying jobs cre- under my amendment, is complete the dustry and our workers. We should in- ated by the high tech American econ- one-page form. Nothing more. crease the quota temporarily. We must omy. My amendment assures that U.S. Most high tech companies should provide our workers with the training workers will get first crack at these have no problem meeting this simple they need to assure them that our im- jobs. If employers cannot find U.S. requirement. They say they recruit in migration programs do not unfairly workers who are ready, able, and will- the U.S. constantly and still have hun- disadvantage them as they compete for ing to do the job, then—and only dreds of openings. the new jobs. then—should foreign workers be avail- All they have to do is check the box Now, Mr. President, I will make some able. Employers should be required to on the form, and send it in. comments with regard to both of these recruit in Boston, Detroit, and Los An- The problem is that many American amendments and then we can have geles before they recruit in other coun- workers have applied for high tech some discussion. I will offer them with tries. jobs, only to be turned away. the understanding of the chairman so We hear a great deal about the im- Peter Van Horn is a 31-year-old from that we can move this process. pressive contributions of foreign work- Mountain View, California. He has a Before going further, Mr. President, ers to our economy. We should wel- master’s degree in computer science. on the recruitment amendment, I know come outstanding workers who are ex- He is an expert in computer graphics. that Senator ABRAHAM has announced ceptional in their fields and have im- But he can’t get a job in his field. the endorsement of this bill by certain pressive track records of accomplish- Bard-Alan Finlan is a computer engi- groups. I have here in my hand 150 let- ment. In fact, my amendment rolls out neer in his 40s. He knows the latest ters from American workers who are the red carpet for such workers. computer languages. He’s received one opposed to the bill. They are computer It exempts universities and non-prof- interview in a year and a half, and still programmers and computer engineers it research institutions from this re- no job. who want a shot at these jobs. These quirement. The researchers they bring Kurt Granzen is an electronics work- are American workers. We believe they in from abroad under this program help er. He was laid off from a Silicon Val- ought to be listened to. to train college students for the future. ley firm after it started hiring H–1B I might just selectively insert some There is no significant evidence of workers. He has been unable to find a of these letters, not to unduly burden abuses in their recruitment. job in his field for the past four years, the CONGRESSIONAL RECORD, but we But 80 percent of the applications re- after hundreds of interviews. have more than 150 and scores more ceived under the visa program are for These well-trained U.S. workers de- back at the office. I will introduce a se- jobs paying $50,000 or less. Half the ap- serve to know that we will not allow lect group to be able to reflect the con- plications are for computer program- employers to bring in foreign workers cern that these American workers have mers, most of them at lower levels. A before they have a fair opportunity to about this particular bill. quarter of the applications are for fill these jobs. It is interesting, Mr. President, when health care workers, particularly phys- I urge my colleagues to support this we were looking at what the needs ical therapists. Other applications are important amendment. May 18, 1998 CONGRESSIONAL RECORD — SENATE S4965 I see other colleagues who desire to not hurt—American business growth them with foreign workers under the speak so I will withhold at this time, and, thus, job creation in the United H-IB program, and unscrupulous em- Mr. President. States, which is presently at an ex- ployers have taken advantage of this The PRESIDING OFFICER. Who traordinarily high level. It will enable loophole in the law. yields time? technical businesses to retain the In recent weeks, we have seen an- Mr. ABRAHAM. Mr. President, I workers required to develop their prod- nouncements of layoffs from many of yield up to 5 minutes to the Senator ucts in a highly competitive market. It the biggest U.S. companies, and many from Kansas at this time. will empower companies to maintain of these companies have asked Con- The PRESIDING OFFICER. The Sen- timely production schedules. gress to increase immigration quotas ator from Kansas. Companies from throughout the so they can bring in more workers from Mr. BROWNBACK. Mr. President, I country say that they must have this abroad. We owe it to those laid-off U.S. appreciate the Senator from Michigan additional ability to hire needed work- workers to make sure their employers yielding time to me to speak on this ers to be able to remain in the United do not bring in foreign workers to fill very important amendment. I have States. This is especially true for high- their jobs. been listening to the earlier debate tech industries across America which On April 13, the Wall Street Journal about the ability of U.S. workers to get specialize in computer-related prod- reported: these jobs versus workers coming in ucts. This industry is extremely time The past couple of weeks have seen a from overseas. I think the critical sensitive, requiring speedy product de- steady drum beat of layoff announcements in point that maybe is not being clearly industry sectors that until recently have velopment and production. For exam- complained about personnel shortages. put forward on this is what we are ple, computer software is frequently The article included a long list of talking about here is being able to developed in 6-month cycles. Failing to high-tech computer companies laying keep U.S. businesses in the United deliver within these time frames be- off thousands of workers. For example, States, and, thus, access to these jobs cause of technical worker shortages on April 13, Intel Corporation an- dominantly by—indeed, in many cases can severely compromise a company’s nounced plans to cut 3,000 jobs. Earlier exclusively—by U.S. workers. We are competitive edge. One observer of the in the month, Compaq Computer an- trying to keep the businesses here. current system said: Many of these businesses could easily nounced that it plans to lay off 15,000 Critical projects will be abandoned or put workers as part of its merger with Dig- and rapidly move overseas, particu- on hold—at the cost of many more American larly ones in developing computer soft- jobs. This can be disastrous for our indus- ital, and the list goes on. Not all of ware and programming. That is some- tries with short product cycles that are try- these lost jobs are the same jobs that thing they could rapidly and easily ing to compete against fierce global competi- would be filled with foreign workers move overseas. We want those jobs tors. under the H–1B visa program. But we must be certain that no employer turns here so our workers have access to Who supports the legislation? Busi- around and brings in a H–1B worker to them. nesses, universities and ethnic organi- What we are talking about in the zations, all back this effort, as well as fill a job from which American workers amendment put forward by the Senator workers concerned that their compa- were laid off. Stephen Schultz of Modesto, CA, an from Michigan, Senator ABRAHAM, is a nies might be forced to move offshore. engineer, was laid off in November of present crunch that we have getting Speaking of that subject, the New last year. While he was looking for a some workers into some of these jobs. York Times recently wrote this: new job, his former company called This seriously needed legislation will If U.S. companies are told to put up ‘‘No Vacancy’’ signs, they are inevitably going to him back to train the foreign worker raise the visa cap for professional they had brought in to replace him. workers from the present maximum of move more operations overseas, and that will spur more innovation, wealth creation, Mr. Schultz filed a complaint with the 65,000 to an additional 30,000 visas for and jobs over there. By contrast, this legisla- Department of Labor, complaining that 1998 with a 5-year sunset for additional tion helps to encourage companies to stay he had been laid off and displaced by H–1B visas. A failure to act would be a within American shores and keep jobs here the foreign worker, but this offensive blow to many American companies, in America, and growth taking place here in practice is currently legal under the which are striving to obtain these America. current law. There is nothing the workers at this immediate need and At this time of economic growth, our Labor Department can do about it. And juncture in a very highly competitive Government must be sensitive to re- that is plain, fundamentally wrong. marketplace. Without the visa in- spond to needs as they arise in the This amendment addresses that injus- crease, they will be denied the ability marketplace. This legislation is a sen- tice. to secure workers central to their im- sible response to a legitimate problem, My amendment would give those mediate needs. and represents that American Govern- laid-off workers a fighting chance. It I agree, we need to offer benefits and ment is a partner to encouraging, not says, ‘‘You have just been laid off. You help more and make sure that U.S. discouraging, growth, job creation, re- are trying to feed your family. You are workers have the greatest access, and tention of jobs, and prosperity in struggling to find a new job. So we will they should. What we have is an imme- America. not compound your suffering by letting diate problem, and we don’t want these Mr. President, I yield the floor and your former employer bring in a for- businesses moving overseas. The legis- commend Senator ABRAHAM for spon- eign worker to replace you.’’ lation seeks to address this problem. soring this important legislation, need- As I mentioned earlier, I commend There is an immediate, severe, tech- ed for American jobs to be able to stay Senator ABRAHAM for acknowledging nical worker shortage in America in America. I urge my colleagues to the problem. But, as I mentioned, the which can only be met by this legisla- support it. I yield the time. layoff protections in the pending legis- tion. It is reported by the INS that by The PRESIDING OFFICER. Who lation, I think, do not do the job. They early May the present cap of 65,000 will yields time? offer little help to working Americans have already been reached—already Mr. KENNEDY. Mr. President, I yield who lose their jobs in today’s changing reached. This means that American myself such time as I might use on my labor market. But under this bill, em- businesses will be entirely foreclosed other amendment called the layoff ployers don’t have to promise that for over half a year from obtaining amendment. they have not—and will not—lay off some of the highly skilled professional The PRESIDING OFFICER. Without U.S. workers as a condition of their workers that they need under this op- objection, it is so ordered. participation in the program. Under tion for immediate need—immediate Mr. KENNEDY. Mr. President, under this bill, the only time that an em- work and immediate help—rather than this amendment, employers cannot lay ployer can be penalized for replacing moving these businesses overseas to be off American workers and then import U.S. workers with foreign workers is if able to access those workers. foreign workers to fill the same jobs. the employer also violates other re- This legislation will help to maintain Believe it or not, it is perfectly legal quirements of the H–1B program. America’s competitive edge in the today for an employer to lay off quali- That is under the Abraham proposal. global marketplace. It will encourage— fied American workers and replace It is not bad enough for an employer to S4966 CONGRESSIONAL RECORD — SENATE May 18, 1998 lay off U.S. workers, but then they re- ing 80-plus hours a week. The company cient training so that Americans are place them with foreign workers. The knows they can pick up a well-edu- going to be qualified to get those jobs, employer has to underpay them to cated foreign worker who will work which are good jobs. That is what this have some other violation of the law many more hours for half as much sal- issue is really about, Mr. President. before the Labor Department can act. ary. I have seen this, en masse, first I did not want to leave the impres- We believe that we should not displace hand.’’ sion, but in my earlier comments, on American workers with foreign work- The unscrupulous employers who en- which my staff has corrected me, if the ers who are doing the same job—and we gage in these flagrant abuses put hon- foreign worker is paid less than Abra- have language which effectively is the est employers at a severe competitive ham, then the Abraham layoff does same in both bills; ours has a different disadvantage. kick in, assuming a worker complains. triggering mechanism—we believe that Mr. President, what happens is, the My point is, under Abraham, they we should not displace Americans with American worker is displaced and that can lay someone off as long as they foreign workers who are doing the impacts that American worker. But if meet the other rules of the program. same job. That is what my amendment they get some foreign workers and They can still lay off the American will do with regard to the layoff pro- then work them harder and longer, worker. They see a layoff as a freebie, posals. they have a competitive advantage a free ride for employers who want to Under the current bill, the engineer over a company that just has American bring in the foreign workers. that I mentioned who was laid off in workers, and that threatens those Mr. President, I suggest the absence Modesto would have a case only if the American workers. The other company of a quorum. employer who laid him off violated that has foreign workers is competing The PRESIDING OFFICER (Mr. ROB- some other requirement of the pro- with the company that has American ERTS). The time will run against the gram. He could be laid off, so to speak, workers, and they are not meeting bill or the amendment. Will the Sen- as I understand the Abraham proposal, their responsibilities. ator indicate his preference in regard and they could hire another worker for All we are trying to do is make sure to time? his identical job, pay him less and, as that all play the game by the same Mr. KENNEDY. Time on the amend- in this particular case, if this person rules by which so many companies are ment. How much time remains on the who was laid off wanted to, he could willing to play. We want to make sure amendment? come back and train his replacement, we are not creating abuses, which have The PRESIDING OFFICER. The Sen- and that American worker would vir- been recognized in the past, and we ator has 11 minutes remaining on the tually have no cause of action. want to make sure that, since we are layoff amendment. Under the current bill, an employer expanding this program, we are going The clerk will call the roll. can lay off 1,000 American workers and to give American workers first shot; we The legislative clerk proceeded to bring in 1,000 H–1B workers to replace are not going to displace American call the roll. Mr. ABRAHAM. Mr. President, I ask them as long as the employer pays workers, and we are going to give them unanimous consent that the order for them the same wage, and it is OK. the first shot at those jobs. Also, we the quorum call be rescinded. Some argue that employers are un- are going to work out a training pro- The PRESIDING OFFICER. Without likely to go through the effort to lay gram over the period of this legislation objection, it is so ordered. off an American to replace with a for- so that at the end of the 5 years, we Mr. ABRAHAM. Mr. President, I eign worker. They cite studies to sug- will have in place a training mecha- want to make a quick inquiry. Are we gest foreign workers are actually paid nism so that these jobs—the 80 percent on an amendment at this point or are higher wages than their American which go to families earning less than we on the bill generally? counterparts. If that is the case, then $75,000, good jobs—will be going to The PRESIDING OFFICER. Tech- the employer should have no problem Americans because they are going to nically, we are still on the bill. attesting, as a condition of their par- have the training to do so. That is ef- AMENDMENT NO. 2412 ticipation in the visa program, that fectively what we are saying, Mr. (Purpose: To amend the Immigration and they have not and will not lay off U.S. President. Nationality Act to provide for special im- workers. We need to address the abuses. We migrant status for NATO civilian employ- The fact is, employers do lay off need to protect the workers. We should ees in the same manner as for employees of American workers and replace them outlaw the abuses to protect the vast international organizations) with foreign workers. That happens to majority of American employers who Mr. ABRAHAM. Mr. President, I send be the information that we have. They play by the rules. We are protecting an amendment to the desk and ask for want foreign workers because such the American businessmen who are its immediate consideration. workers are less likely to complain if playing by the rules. They are playing The PRESIDING OFFICER. The their hours are extended and their by the rules because they are paying a clerk will report the amendment. working conditions are not as good. fair salary for these computer experts The legislative clerk read as follows: The Labor Department inspector gen- and they are respecting them for their The Senator from Michigan [Mr. ABRAHAM] eral found that 75 percent of employers working conditions and are out there for Mr. WARNER, for himself and Mr. ROBB, in the program could not even docu- competing fair and square, while some- proposes an amendment numbered 2412. ment that the wage they paid the for- one who is unscrupulous brings in the Mr. ABRAHAM. I ask unanimous eign worker was the proper prevailing foreign worker in these circumstances consent that reading of the amendment wage, and unscrupulous U.S. employers and, in too many circumstances, dis- be dispensed with. also want foreign workers because they places the American worker and has The PRESIDING OFFICER. Without are less likely to protest long hours that worker working longer hours and objection, it is so ordered. and harsh working conditions. If they under more difficult conditions. You The amendment is as follows: do, they know they may lose their jobs have one worker who has already lost At the appropriate place in the bill insert the following new section: and have to leave the country. his or her job, and if you get several SEC. ll. SPECIAL IMMIGRANT STATUS FOR CER- An American software developer workers, they are going to be able to TAIN NATO CIVILIAN EMPLOYEES. called my office recently and asked to compete on an uneven playing ground (a) IN GENERAL.—Section 101(a)(27) of the remain anonymous for fear of reprisal with the American firm. Immigration and Nationality Act (8 U.S.C. by his employer. He spoke of how the All we are saying is, No. 1, you can’t 1101(a)(27)) is amended— high-tech firms are abusing their for- displace an American worker with a (1) by striking ‘‘or’’ at the end of subpara- eign workers. He said, ‘‘I had a good foreign worker; No. 2, you have to at graph (J), talk with an H–1B worker. He told me least attest that you have made a rea- (2) by striking the period at the end of sub- he was so anxious to work in this coun- sonable effort to hire an American paragraph (K) and inserting ‘‘; or’’, and (3) by adding at the end the following new try that he would accept any salary. worker; and, No. 3, we are going to subparagraph: Even a pitifully low salary by our work out the training program so that ‘‘(L) an immigrant who would be described standards was high in his country. He at the end of this program, in a period in clause (i), (ii), (iii), or (iv) of subparagraph has been here for 6 months and work- of years, we are going to have suffi- (I) if any reference in such a clause— May 18, 1998 CONGRESSIONAL RECORD — SENATE S4967 ‘‘(i) to an international organization de- The Senator from Massachusetts [Mr. KEN- us who cosponsor the American Com- scribed in paragraph (15)(G)(i) were treated NEDY] proposes an amendment numbered petitiveness Act to put any American as a reference to the North Atlantic Treaty 2413. worker at a disadvantage. We believe Organization (NATO); Mr. KENNEDY. I ask unanimous con- the protections that are already in ‘‘(ii) to a nonimmigrant under paragraph sent that reading of the amendment be (15)(G)(iv) were treated as a reference to a place in this legislation—both in the nonimmigrant classifiable under NATO–6 (as dispensed with. existing laws as well as in my bill—will a member of a civilian component accom- The PRESIDING OFFICER. Without protect American workers. panying a force entering in accordance with objection, it is so ordered. Basically, you cannot bring a foreign the provisions of the NATO Status-of-Forces The amendment is as follows: worker in for lower pay and replace an Agreement, a member of a civilian compo- On page 41, after line 16, insert the follow- American worker with that individual. nent attached to or employed by an Allied ing: If you do, you are violating the law. Headquarters under the ‘Protocol on the Sta- SEC. ll. WHISTLEBLOWER PROTECTION. The Senator from Massachusetts ear- tus of International Military Headquarters’ Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as set up pursuant to the North Atlantic Trea- lier raised the concern that no one will amended by section 5 of this Act, is further complain because the H–1B visa holder, ty, or as a dependent); and amended— ‘‘(iii) to the Immigration Technical Correc- (1) in subparagraph (C), by inserting ‘‘, or the foreign worker, will be afraid of tions Act of 1988 or to the Immigration and that the employer has intimidated, dis- consequences if they do so. Nationality Technical Corrections Act of charged, or otherwise retaliated against any In my judgment, this whistle-blower 1994 were a reference to the American Com- person because that person has asserted a provision will allay any such concerns. petitiveness Act.’’. right or has cooperated in an investigation I think it ties nicely into the protec- (b) CONFORMING NONIMMIGRANT STATUS FOR under this paragraph’’ after ‘‘a material fact tions which we have built into S. 1723, CERTAIN PARENTS OF SPECIAL IMMIGRANT in an application’’; and the protections that come in the form CHILDREN.—Section 101(a)(15)(N) of such Act (2) by adding at the end the following new of very severe penalties for anyone who (8 U.S.C. 1101(a)(15)(N)) is amended— subparagraph: (1) by inserting ‘‘(or under analogous au- ‘‘(F) Any alien admitted to the United willfully violates the law with respect thority under paragraph (27)(L))’’ after States as a nonimmigrant described in sec- to bringing in an H–1B employee. ‘‘(27)(I)(i)’’, and tion 101(a)(15)(H)(i)(b), who files a complaint So for that reason I am comfortable (2) by inserting ‘‘(or under analogous au- pursuant to subparagraph (A) and is other- with and supportive of this amend- thority under paragraph (27)(L))’’ after wise eligible to remain and work in the ment. We worked closely with Senator ‘‘(27)(I)’’. United States, shall be allowed to seek other KENNEDY’s staff on the crafting of the Mr. ABRAHAM. Mr. President, this employment in the United States for the du- amendment, and I think it has been amendment, which I am offering on be- ration of the alien’s authorized admission, done in a way that effectively supple- half of the Senator from Virginia, Sen- if— ‘‘(i) the Secretary finds a failure by the ments what is already in place. ator WARNER, would seek to grant per- employer to meet the conditions described in But let me, as long as we are on this, manent legal status, resident status to subparagraph (C), and just briefly talk about this whole sys- individuals who are stationed in the ‘‘(ii) the alien notifies the Immigration tem. In his earlier statement with re- United States in conjunction with and Naturalization Service of the name and spect to his amendment, the Senator their responsibilities as part of NATO. address of his new employer.’’. from Massachusetts expressed concern I believe the amendment has been Mr. KENNEDY. Mr. President, cur- that no one would bring a complaint, cleared on both sides. And so I hope rently the Labor Department can in- that the complaint-driven system that that we can move rapidly to pass the vestigate violations under the H–1B currently exists is one which masquer- amendment. program only if a complaint has been ades many violations. I do not believe The PRESIDING OFFICER. Is there filed by an aggrieved party. The com- it does. I think that complaints are further debate on the amendment? plaint can be filed by a temporary for- very likely to occur under the current Mr. KENNEDY addressed the Chair. eign H–1B worker, and affected Amer- system simply because competitors The PRESIDING OFFICER. The Sen- ican workers. Few complaints are filed could bring the complaints. ator from Massachusetts. because workers are afraid of retalia- The salaries with which foreign Mr. KENNEDY. Mr. President, I have tion. And the H–1B workers are afraid workers are paid must be posted, not no objection to it and urge the support if they complain, they could lose their only posted at the job site, but at sec- for it, as we do the same, as I under- jobs and then have to leave the coun- ondary sites and at the Department of stand, with regard to United Nations try. American workers are afraid they Labor. If somebody believes that some- personnel. This would provide a sense will be blackballed in the industry if one is gaining an unfair advantage by of equity in both of those areas. It they complain. bringing in cheaper labor, they can seems to make sense. So this amendment offers them the complain as well. It does not nec- The PRESIDING OFFICER. Is there whistle-blower protection, and it penal- essarily have to be the foreign worker any further debate on the amendment? izes employers if they retaliate against who brings the complaint; it can be a If not, the question is on agreeing to a whistleblower. So whether the whis- coworker who is mad because they see the amendment No. 2412. tleblowers are H–1B workers or affected the foreign worker is coming in and The amendment (No. 2412) was agreed American workers, the employer can- driving his friends out of a job, or it to. not retaliate against them. can be a competitor. Mr. ABRAHAM. I move to reconsider In addition, under my amendment It is possible, I suppose, although we the vote. workers who filed a successful com- do not have any documental evidence Mr. KENNEDY. I move to lay that plaint against an employer can switch to this, that someone might be intimi- motion on the table. jobs if they wish and still remain in the dated about bringing such complaints. The motion to lay on the table was United States for the duration of their For that reason, I think the whistle- agreed to. visa. They just have to let the INS blower provision is an effective way to Mr. KENNEDY addressed the Chair. know their new address. address this one area that might be a The PRESIDING OFFICER. The Sen- Mr. ABRAHAM addressed the Chair. loose end. I think it tightens up the ator from Massachusetts. The PRESIDING OFFICER. The Sen- process in such a way that we can have AMENDMENT NO. 2413 ator from Michigan. the confidence in a complaint-driven (Purpose: To provide whistleblower protec- Mr. ABRAHAM. Mr. President, I system necessary to maintain that sys- tion to foreign H–1B workers who file suc- compliment the Senator from Massa- tem as it is working. And it is working cessful complaints against employers for chusetts on this amendment. I think it effectively. violations of the H–1B program) addresses a large part of the concern As I said earlier, as I will be saying Mr. KENNEDY. Mr. President, I send that he previously registered with re- in further debate on these amend- an amendment to the desk and ask for spect to the way the program func- ments, in the entire history of this pro- its immediate consideration. tions. gram there have only been eight willful The PRESIDING OFFICER. The As I will indicate as we continue this violations in 8 years—one per year. clerk will report the amendment. debate this afternoon, it is not the in- And only one of those involved a situa- The legislative clerk read as follows: tent of either this Senator or those of tion where an employee was laid off. S4968 CONGRESSIONAL RECORD — SENATE May 18, 1998 We have heard descriptions of several labor. In fact, the Greater Omaha granted each year. At the current rate, the of those, I think, already in the com- Chamber of Commerce estimates there United States will reach the statutory quota ments of the Senator from Massachu- are currently 1,500 to 2,000 job openings on H–1B visas by the end of June, a full three months before the end of the fiscal year. setts. Indeed, because there are so few, in the field of information technology Currently, Omaha has approximately 1,200 we have already heard about several of in the Omaha area alone. H–1B visa holders employed in the metro those instances on more than one occa- While the Chamber, other business area. There is room for considerable growth, sion here today. They are wrong. They community leaders, and the Nebraska and there are jobs to be filled. Omaha’s un- were punished. I think they should state government, have been actively employment rate is about 1.7%. It is one of have been punished even more se- recruiting workers from within the the lowest in the nation and has consistently verely. I do not think they should State, across the country and around been so for the past several years. It is esti- mated the Omaha area currently has 1,500 to bring a foreign worker in the United the world, they have not been able to produce enough skilled workers to keep 2,000 job openings in the filed of information States, pay them a lower salary than technology. you are paying an existing worker, and pace with job growth. The business community in Omaha has lay somebody off. I think if you do The United States Senate can take stepped up to the plate and is actively re- that, you ought to suffer stiff con- an important step toward addressing cruiting workers from across the country sequences, and our legislation admin- this problem by passing the American and around the world. Over the last four isters those stiff consequences. Competitiveness Act. This legislation years, the Chamber has organized and at- To the extent someone might have will immediately help America’s com- tended numerous job fairs, initiated Internet recruiting and job posting programs, coordi- failed to raise a concern or a complaint panies and universities by raising the current ceiling on the number of for- nated and funded national advertising cam- because of fear of reprisal, I think Sen- paigns and image marketing in an attempt ator KENNEDY’s amendment, which I eign-born professionals we allow to to grow the size of our work force. am prepared to support at this time, work in the United States under the H– In addition to recruiting, Omaha has closes that loophole as well and I think 1B visa program. These temporary placed great emphasis on ‘‘growing our puts in place a system that can and visas are used to attract the best and own.’’ Omaha is a national leader in the should work effectively. brightest minds from around the world School-to-Work arena and was one of the So, for that reason, I support the to U.S. companies and universities, first six communities nationally to embrace which helps them to compete in global and promote Work Keys, a work-based skills amendment. And I think we can move and job profiling assessment to better pre- forward to adopt it here presently. markets. pare our students for the work place. The The PRESIDING OFFICER. Is there We must also address our Nation’s University of Nebraska, with close to $50 further debate on the amendment? If long term employment challenges by million worth of private support, has estab- not, the question is on agreeing to the preparing more American students for lished an innovative Institute which encom- amendment No. 2413 offered by the Sen- the high technology, global workforce passes a new College of Information Science ator from Massachusetts. of tomorrow. Not enough of our stu- and Technology along with the inter-related The amendment (No. 2413) was agreed dents are being prepared, or preparing engineering disciplines. themselves, to excel in an increasingly All of these efforts however, are not to. enough. The passage of Senate bill 1723 is im- Mr. HAGEL. Mr. President, I rise high-tech economy. perative to the continued growth of the high- today to express my strong support for The American Competitiveness Act tech industry in Nebraska and the rest of the the American Competitiveness Act, of takes steps to correct this situation by nation. It is reliably estimated that there which I am a cosponsor. creating 20,000 scholarships annually are 346,000 computer related jobs vacant in The American Competitiveness Act is for low-income American students to the United States and that number will only important to the American economy study math, engineering, and computer increase in the coming years. Even with our and to our Nation’s high standing in a science. It also authorizes $10 million a best efforts nationwide, we will not produce sufficient qualified workers at a rate fast global economy. It will also have a year to train unemployed U.S. workers for jobs in the information technology enough to keep pace with the job growth. By positive and direct impact on promot- allowing greater numbers of skilled workers ing job creation and economic growth industry. from other countries to fill available jobs in in Nebraska. I strongly urge my colleagues to sup- the United States, our employers will be bet- Mr. President, as the 21st Century port Senator ABRAHAM’S bill, which ter equipped to continue to fuel this coun- quickly approaches, American compa- will keep American companies in this try’s and state’s booming economy. nies, businesses and universities in- country, create and save American jobs By not increasing the number of H–1B visas creasingly find themselves in a fiercely and contribute to the growth of the granted each year, the government is in ef- fect encouraging United States businesses to competitive global economy. Thus far, economy. I urge my colleagues to sup- port this bill because it will help en- enter an all-out civil war for the information the United States has been able to suc- technology workers we currently employ ceed and benefit overwhelmingly from sure that America remains a great, in- here. At a time when the United States is at this increased ‘‘globalization.’’ dustrious and rich nation both cul- an historically low rate of unemployment, it However, our continued economic turally and economically. is unreasonable for the Federal Government growth is being threatened by a short- Mr. President, I ask unanimous con- to embrace a policy that in effect robs Peter age of highly skilled and internation- sent that a letter sent to me by the to pay Paul. ally experienced workers, While com- Greater Omaha Chamber of Commerce On behalf of the Greater Omaha Chamber in support of this legislation be printed of Commerce, I again wish to reiterate our panies around the U.S. have invested strong support for this legislation and urge billions of dollars in educating and in the RECORD. There being no objection, the letter immediate passage. training employees, demand for quali- Sincerely, fied people continues to grow faster was ordered to be printed in the C.R. ‘‘BOB’’ BELL, than the supply of available workers. RECORD, as follows: President. This is particularly true in the area of GREATER OMAHA Mr. GRAMS. Mr. President, I rise to information technology. CHAMBER OF COMMERCE, speak in support of S. 1723, the Amer- The shortage of workers with tech- Omaha, NE, May 8, 1998. ican Competitiveness Act introduced Senator CHUCK HAGEL, nical or computer-related skills is a U.S. Senate, Russell Office Building, Washing- by Senator SPENCER ABRAHAM to in- real concern to Nebraska. My col- ton, DC. crease the cap on H–1B visas to allow leagues may not realize that Nebraska DEAR SENATOR HAGEL: The Greater Omaha our companies to continue to compete. currently has an unemployment rate of Chamber of Commerce has been working for We find ourselves in the midst of a 1.6%, which is the lowest rate in the several years on the challenge of Nebraska’s booming American economy, now in its country. While this is very good news, shortage of skilled workers. We believe Sen- 87th month of the longest peacetime it also presents a challenge for many of ate bill 1723, known as the ‘‘American Com- economic expansion experienced, and petitiveness Act,’’ will aid employers across with the lowest inflation and unem- Nebraska’s employers. the country in hiring the skilled workers Employers in Nebraska have told me needed to grow their businesses, especially in ployment (4.9%) in 25 years. However, over and over again that the state is the information technology field. We are es- we find that 350,000 information tech- unable to meet their increased demand pecially interested in the portion of the bill nology (IT) jobs nationwide are un- for labor, particularly high-skilled which increases the number of H–1B visas filled. As we speak, the ability to bring May 18, 1998 CONGRESSIONAL RECORD — SENATE S4969 foreign nationals temporarily into the more benefits. However, the American Mr. KENNEDY. Mr. President, I note country on H–1B visas to fill those jobs life style and standard of living are a that this bill contains authorization has been halted as of Monday, May 11. strong incentive in keeping them here. for programs that will assist in educat- As of last Friday, the 65,000 H–1B visa Another sector affected by the H–1B ing and training American workers for cap has been reached in this temporary cap is the university/college commu- these positions. It is essential that we immigrant category. New applications nity. A great deal of research and de- include education and training provi- will be turned away and the informa- velopment is carried on at U.S. schools sions within this bill, but I believe it is tion technology industry, as well as of higher learning. Temporary visiting important that we go further. our universities and colleges will be scholars and research fellows from In particular, I believe that employ- harmed. abroad have extended our base and ex- ers who are using this program to fill Minnesota companies affected by this panded our scope of understanding in short term needs should also contrib- cap have aggressively supported this many fields. ute to programs that will educate and legislation. 3M estimates its projected The University of Minnesota has train American workers to fill these research effort will lack 80 technical written me asking for my strong sup- positions in the future. If we are going employees for slots paying between port of this issue. Their ability to bring to increase the immigration quota, $60,00 to $100,000. 3M had $15 billion in foreign scholars and high level faculty then I believe we have an obligation to 1997 worldwide sales. Through the ef- to their campus has raised their stand- assure American workers that they can forts of foreign nationals working in ards and strengthened their inter- get the training to compete for these their research and development depart- national stature. Their need has be- goods jobs. ments, 3M has been awarded 578 pat- come even more critical since the cap So Mr. President, I would hope that ents. We should continue to encourage has been reached, because they process as this bill moves forward, we can con- this progress. 40% of their applications for these posi- tinue to work together to secure fund- Cargill, another Minnesota-based tions between May and September. ing for these programs as an integral company, has 10 to 15% of their tech- They need help now. component of this legislation, and in However, I would like to point out, nology department unstaffed—about 99 ways that assure that we are not tak- Mr. President, we do need to look for a to 110 people with a starting salary of ing away resources from other training more permanent solution to this prob- $44,000. They have not been able to programs to meet this need. lem. We cannot rely on foreign exper- meet their needs through local labor Mr. WELLSTONE. I am very pleased tise forever. We need to educate our pools and universities. They have been we could agree on language in the man- young people to fill these vacancies. I forced to turn to temporary foreign na- agers’ amendment which authorizes applaud the inclusion in S. 1723 of the new demonstration programs for tech- tionals. Furthermore, they tell me training and scholarship incentives for they have a 15% turn-over because of nology skills training for American educating our own information tech- workers, provided that funding for such competition from other U.S. compa- nology workers. 20,000 college scholar- training does not diminish funding for nies. ships a year will be made available to Honeywell has 7,500 Minnesota em- existing federal job training programs. low-income students in math, engineer- ployees and does not hire a large num- It is important that job-training provi- ing and computer science through the sions of this bill are consistent with ex- ber of H–1B nationals—only those of State Student Incentive Grant pro- tremely significant legislation we re- needed technical skills. However, these gram. It will increase training for the cently passed overwhelmingly to im- shortages affect the productivity of the unemployed and help people cross-train prove the federal workforce education whole company. into these fields. After the bill expires Even labor has agreed that there is a and training system. I thank my col- in 5 years, I am hopeful the supply of temporary need for this adjustment; leagues for working with me to achieve permanent, skilled American workers that it may be warranted due to cur- will be sufficient to meet industry’s that end. Still, while many employers in this rent market conditions and global de- needs. mands. Education and training of the This bill enhances the current H–1B country are doing a great deal to edu- U.S. labor pool is being outstripped by visas by increasing the penalties five cate and train technology workers, the racing technological advances and in- times and improving enforcement clamor for a large increase in non-U.S. dustry competition. The Department of against willful offenders, although citizens to fill high-skill jobs here Labor has projected the high tech in- there have been few enforcement ac- seems clearly to point to a lack both in dustry will create 130,000 jobs each year tions in the past. those efforts and in our public job for the foreseeable future. S. 1723, also, provides no-layoff pro- training system. Therefore I believe we This is at a time when the U.S. tection for American workers and pro- also need to be sure that those who will Chamber of Commerce tells us our do- hibits underpayment of temporary for- benefit the most from any adjustment mestic labor pool is shrinking. Baby eign nationals. In an industry where in immigrant policy will help us to ad- boomers are leaving a 23 million people starting salaries for these skilled work- dress the underlying problem. We in labor short fall, and often it is difficult ers are between $35,000 and $75,000, by the Senate cannot originate a revenue to replace them with employees who law H–1Bs are to be paid the middle measure to fund the new training we have the training and expertise to meet wage of the prevailing scale. This wage authorize here. But it would be a seri- the needs of many highly technical is posted at the work site and reg- ous mistake to enact a final bill that areas. istered with the Labor Department. does not call on employers who have Reports show fewer Americans seek- Let me close, Mr. President by say- pushed for it and will benefit substan- ing higher education are choosing the ing that Minnesota companies such as tially from it to help pay for the new high tech fields of electrical engineer- Guidant, ADC Telecommunication, training authorized in the bill. ing, computer science and mathe- Ceridian (formerly Control Data), Mr. ABRAHAM. I too am committed matics. The number of Americans grad- Imation (a 3M spin-off), Medtronic and to seeing to it that there is funding for uating with engineering degrees has de- the Carlson Companies should be able these programs. As the Ranking Mem- clined 16% since 1985. Ironically, on the to fill their IT vacancies now with tem- ber knows, I believe that as far as the other hand, Mr. President, the United porary foreign nationals without hav- shortage of highly skilled workers is States is educating a higher percentage ing to shift production off-shore. We concerned, we have both a short term of foreign nationals in these subjects— need to keep jobs at home and benefit and a long term problem, and I believe 48% of PHDs are foreign, 22% of by the expertise and innovation these programs are an integral part of undergrads are foreign nationals, and brought to us by these global techni- addressing our long term problem. I 42% of Master of Sciences candidates cians. But more importantly, we need also believe the business community is are foreign nationals. to review, upgrade and strengthen our already doing a great deal to help edu- There is great global competition for U.S. educational system to the point cate and train workers. That being all of these graduates. Japan, Ger- where it can best serve our need for said, I pledge to work with you, the many, India and China are trying to permanent talent driving the informa- other members of this body, the busi- lure them away with better deals and tion technology explosion. ness community and other affected S4970 CONGRESSIONAL RECORD — SENATE May 18, 1998 outside interests to seek ways to help matches domestic applicants with ing that is happening, remains inad- fund these programs consistent with available technology jobs. equate. The skills shortage points to a the principle you articulated. Mr. President, I commend Senator failure in our efforts to educate and Mr. SMITH of Oregon. Mr. President, ABRAHAM for his leadership on this train. as a cosponsor of S. 1723, I rise today to issue and urge my colleagues to sup- I had intended to offer an amendment support the American Competitiveness port the American Competitiveness to improve the Abraham bill in this Act. Act. area. I am pleased, though, that we Mr. President, the H–1B immigrant Mr. WELLSTONE. Mr. President, were able to agree to changes in the visa program is not the preferred ave- there is little question that our coun- bill which first of all authorize new nue of hiring by our U.S. high tech try faces a skills shortage in industries demonstration programs for tech- companies. Hewlett-Packard, which is with a concentration of workers who nology skills training for American one of Oregon’s largest high tech em- utilize high technology and informa- workers. That provision is in a man- ployers, currently employs more than tion technologies. In Minnesota, we agers’ amendment, which it is my un- 65,000 people in the United States and have very low unemployment in gen- derstanding will be accepted. The pro- uses only 140 H–1B visas. Of these 140 eral, and Minnesota technology indus- vision ensures that funding for that H–1B visas, 17 of them have Ph.D. de- try employers are having a hard time new training will not diminish funding grees and the remaining of them have finding workers with the skills they for existing federal job training pro- at least an equivalency of a Masters de- need. The Minnesota Department of grams. It therefore is consistent with gree. Economic Security released a study the workforce education and training Our American companies would pre- last week called ‘‘Beyond 2000: Infor- reform we passed with such a large fer to invest in Americans and retain mation Technology Workers in Min- vote. It is crucial that a bill which the current domestic workforce. These nesota,’’ which indicated that over 60 aims to address a skills shortage in in- companies collectively already spend, percent of information-technology em- dustries that have good jobs available and will continue to spend, billions of ployers in the state believe the short- take every step to make sure that our dollars each year on training and edu- age of qualified information tech- own citizens ultimately can become cating American workers. Notwith- nology workers is ‘‘moderately’’ or qualified for those jobs. standing the current workforce, they ‘‘extremely’’ serious. Representatives In my view, the new training author- are unable to fill key personnel slots, of the Minnesota High Tech Council ized in the bill should be paid for large- and it is critical in order to remain have been in touch with my office. ly with proceeds from a modest fee col- competitive, that they have access, They believe that the provisions of the lected from employers for each applica- through the H–1B visas, to these for- Abraham bill which raise the cap on tion for the specialized visas. The Sen- eign-born professionals. the number of nonimmigrant workers ate cannot technically originate a rev- According to the American Elec- allowed to come temporarily to work enue measure to fund the new training tronics Association, the U.S. elec- in the United States are necessary. we authorize here. But it is my hope tronics and information industry cre- I agree that we want to make sure that the House will include such a ates high-skilled, high value-added that immigration policy is consistent funding mechanism for new training of jobs. The rapid advances in computer with our overall desire to remain the U.S. workers and that such a provision technology have increased demand for world’s leader in high technology in- will be included in the conference bill. trained specialists like computer engi- dustries. The high tech sector is cru- It would be a serious mistake to enact neers, computer systems analysis, cial in Minnesota. It is an engine of a bill that allows a large increase in database administrators, and computer growth and a pillar of current very the visas but does not call on those em- support specialists. good economic performance by the ployers who will most benefit from the Even the Bureau of Labor Statistics state. I take seriously the argument bill to help pay for the new training. I predicts that demand for these occupa- that if the cap, which has been reached appreciate my colleagues’ willingness tions will more than double by 2006. Or- for this year, is not lifted, then a sig- to work with me on the provision that egon’s largest employer in the state is nificant amount of U.S. high-tech busi- is included in the managers’ amend- Intel. And with more than 10,000 em- ness and a significant amount of jobs ment, and I appreciate as well the col- ployees in Oregon, Intel’s job growth could actually be moved oversees. loquy between Senators ABRAHAM, has grown 167 percent since 1990, creat- At the same time, however, there are KENNEDY and myself indicating support ing almost 40,000 jobs worldwide. three areas of concern that I believe from each of us for funding job training In this age of a global marketplace, must be resolved in the bill before it in this bill. Mr. President, I also strongly support it is imperative that American compa- merits support. First is the matter of both amendments offered by my col- nies have access to a legal supply of job training for workers who are U.S. league Senator KENNEDY—one of the skilled professionals in the United citizens. Much of the debate over the recruitment of U.S. workers for avail- States so that they can continue to bill is focused on high tech workers. able high technology jobs and one re- grow and expand in the United States. Clearly we would hope that when we garding non-displacement of U.S. work- Failure to increase the H–1B cap will are talking about good jobs—jobs that ers currently holding jobs in the infor- create significant uncertainty about require significant information tech- mation technology industry. They are the U.S. government’s commitment to nology skills and which pay well—then moderate amendments and should be enable American companies to compete we are making every effort to see to it included in the bill. and participate effectively in the glob- that U.S. workers have a shot at those Mr. ABRAHAM. Mr. President, I sug- al economy. These companies will be jobs. That means training. gest the absence of a quorum and ask faced with the tough decisions to ei- As ranking member of the Labor unanimous consent that the time not ther stay in the U.S. without a suffi- Subcommittee on Employment and run against either side. cient number of highly skilled staff or Training, I’m extremely pleased that The PRESIDING OFFICER. Without possibly move their research and devel- we were able to complete and pass with objection, it is so ordered. The clerk opment facilities overseas. an overwhelming vote recently a bill to will call the roll. Mr. President, the American Com- reform the country’s workforce train- The legislative clerk proceeded to petitiveness Act raises the current cap ing and education system. Still, even call the roll. for temporary foreign workers to 95,000 once that reform is enacted, following Mr. ABRAHAM. Mr. President, I ask in fiscal year 1998 and contains a five- a conference with the House and pas- unanimous consent that the order for year sunset for the additional H–1B sage of a conference report, I believe the quorum call be rescinded. visas. While raising the temporary H– that the fact we are talking about a se- The PRESIDING OFFICER. Without 1B cap, the American Competitiveness rious shortage of workers with tech- objection, it is so ordered. Act also increases education and train- nology skills indicates that our current Mr. ABRAHAM. Mr. President, at ing in the high technology field for federal job training system, even com- this time, I yield 10 minutes to the American citizens and establishes a bined with the large amount of em- Senator from Arizona, Mr. MCCAIN, to data bank on the Internet that ployer-sponsored education and train- speak on the bill. May 18, 1998 CONGRESSIONAL RECORD — SENATE S4971 The PRESIDING OFFICER. The Sen- Opponents of this legislation surely accrue from hiring the skilled workers ator from Arizona is recognized. cannot believe that government knows that are unavailable. And consumers Mr. MCCAIN. Mr. President, I rise better than business what’s best for will pay higher prices for the goods and today to express my strong support for business in America. We cannot and services which are available while S. 1723, the American Competitiveness should not condemn American compa- going without those which are not. Ev- Act, of which I am proud to be an origi- nies for wishing to remain competitive eryone will lose as American compa- nal co-sponsor. Although it deals os- in the global marketplace. Indeed, we nies shift production overseas to the tensibly with the visa cap on foreign- should encourage the companies that sources of the specialized labor they born high-tech workers, its effect employ our citizens, contribute to our cannot attract in the United States. would be far more profound—to en- tax base, and produce the goods and Mr. President, the Information Tech- hance the competitiveness of the services we consume daily to retain the nology Association of America esti- American economy at a time when U.S. competitive edge that has sustained mates that there are more than 346,000 companies, if given access to the nec- them by whatever means are available unfilled positions for highly-skilled essary resources, are poised to domi- within the law. If we do not consent to workers in American companies today. nate the Information Age for decades raising the cap on H–1B visas for A recent Department of Labor study to come. As the representatives of the skilled foreign workers, we will be estimates that the American economy American people, we in Congress handicapping the very American com- will generate 1.3 million new jobs dur- should do all we can to contribute to panies and their employees we profess ing each of the next ten years in the their potential for success in the global to support as legislators empowered by computer and information-technology economy. the people to advance the public inter- industries. The same study predicts Mr. President, I want to say a special est. that American universities will be able thanks to the Senator from Michigan, Critics having charged that this leg- to supply only a quarter of the grad- Senator ABRAHAM. Senator ABRAHAM islation subordinates the public inter- uates needed to fill those jobs during brought this issue to the attention of est to the private interests of Amer- that period. The Hudson Institute pre- my colleagues on both sides of the aisle ican companies engaged in a vast con- dicts that in a few years this worker a long time ago. It is a critical issue. It spiracy to hoodwink Congress and the shortage, if not addressed, will cause a is far more important than it appears American people so that they may re- five percent drop in the growth rate of on its surface. As I mentioned earlier place American professionals with the gross domestic product, which when we discussed this bill upon the skilled foreign workers content with breaks down to a startling $200 billion contemplation of it coming before the below-market salaries and no benefits. loss in national output. Senate, the high-tech community, the Had these critics read our bill or spo- In the words of T.J. Rodgers, Presi- ‘‘silicon valleys’’ all over America, are ken with those of us who support it, dent and CEO of Cypress Semiconduc- saying that they need to have skilled they would have had to devise new ar- tor Corporation, ‘‘It takes two percent workers if we are going to maintain guments against raising the H–1B cap of Americans to feed us all, and five the dominance of this industry and re- by virtue of the emptiness of their own percent to make everything we need. main competitive throughout the rhetoric. It is a fact that this legisla- Everything else will be service and in- world. The fact is that this piece of legisla- tion penalizes any employer which lays formation technology, and in that tion is as important to our high-tech off an American worker in order to re- world humans and brains will be the community as any that we will con- place him with an H–1B visa holder and key variable. Any country that would sider this year before the U.S. Senate. pays that individual anything less than limit its brain power to single select The taxing of the Internet is close. The the average prevailing wage in that group from that country alone is going issue of pornography on the Internet is line of work—a standard which often to self-destruct.’’ I support this bill because I do not close. But this issue of being able to results in a higher salary than made by have enough skilled workers to con- American entry-level workers. It is wish to encourage more U.S. companies tinue this incredible revolution going also a fact that the Department of to set up shop in India, Pakistan, Costa on in Silicon Valley, I believe, is of the Labor is empowered under the law to Rica, and other sources of skilled labor utmost importance. The Senator from investigate and penalize willful abuse unavailable in sufficient quantities in Michigan has led on this issue, and all of the H–1B visa program and has done the United States. I support this bill of us are very grateful for his partici- so repeatedly since the program began because I do not think a job is better pation. in 1990—a fact which disarms those going unfilled that going to an edu- I might add that he had to go militants who insist that there exist cated foreign national on a temporary through some very delicate negotia- rampant fraud and abuse within the H– visa to the United States. I support tions with the other side of the aisle in 1B market. this bill because I believe the Informa- order to bring this issue to its conclu- This is not a debate about the facts, tion Age will be built upon a globalized sion. which are unambiguous. This is a de- market for people and technology, not I am convinced that the best thing bate about the way in which American upon barriers to the free flow of goods, government can do to advance the for- society responds to the new challenges services, and professional workers. I tunes of the private sector is to stay and opportunities offered by economic support this bill because I do not be- out of its way. I support this bill be- globalization and a knowledge-based lieve the endless advertisements for cause it makes progress toward that economy. We can row with the tide or specialized labor at attractive salaries end while providing for the regulatory against it, but we will not have an in the Employment section of the Sun- framework and new educational oppor- equal prospect for success. Allowing day newspaper represent a conspiracy tunities to protect and promote Amer- more skilled professionals to enter the by Big Business to fool us all into ican workers. By raising the arbitrary U.S. job market to fill jobs Americans thinking there really are jobs on offer cap on temporary immigrant visas for are not filling will enhance the dyna- in many of America’s fastest-growing skilled foreign workers—a cap set in mism of the American economy by al- companies. I support this bill because I 1990, when the Democrats controlled lowing it to more efficiently produce do not think the government is a bet- Congress and the American economy the goods and services demanded by ter judge of the needs of American was in recession—this legislation gets the American consumer and those who companies, universities, and labora- government out of the way of Amer- buy American exports overseas. tories than are the very companies, ican companies, universities, and re- Erecting barriers to the inflow of val- universities, and laboratories that have search labs which simply cannot hire uable human capital will not help urged us to write this legislation. the skilled professionals they need in American businesses, workers, or con- Mr. President, I, for one, do not take the domestic labor market because of sumers. Businesses will suffer from the the health of the American economy or an arbitrary, anachronistic cap on H– costs of a labor shortage which they the fabulous returns offered by Wall 1B visas that does not reflect the forces are powerless to change in the short Street for granted. America prospers of supply and demand in the American term. Workers will suffer when their when we allow entrepreneurs, small economy today. companies lose the profits that would businesses, companies, universities, S4972 CONGRESSIONAL RECORD — SENATE May 18, 1998 and research labs to create wealth and The PRESIDING OFFICER. The Sen- tem that has already been so successful knowledge. Government does not cause ator from Michigan is recognized. that we need to expand it in order to economic growth; hard-working people Mr. ABRAHAM. Mr. President, I meet the expanding needs of a dynamic do. It is appalling to think that we would like to thank the Senator from and growing American society and would stand in the way of those who Arizona for his support of this legisla- American economy. would temporarily come to our country tion. He has been a great ally with re- I find it particularly curious that to add their value to the economy by gard to not only this bill but, as the these attempts to say that every re- working in jobs Americans cannot and Presiding Officer knows, a variety of cruiting company must follow rules set do not fill. other similar legislation to make out by the Government in recruiting Over the long term, we must see to it America more competitive. I thank and in retention, detailed rules with that American workers possess the him for having helped me to move the major penalties for noncompliance, skills and know-how to fill the jobs legislation to the floor today. He has have made no such proposal with re- created by American high-tech firms. been a great friend and ally on this. spect to the great bulk of American For this reason, our legislation pro- I now yield up to 10 minutes to the immigration. vides for 20,000 new college scholarships Senator from Washington to speak We get tens, hundreds of thousands of annually for low-income students in with respect to the legislation. immigrants every year who come to math, engineering, and computer The PRESIDING OFFICER. The dis- the United States under the guise of science through the State Student In- tinguished Senator from Washington is family reunification, as seekers of po- centive Grant program. Our bill also recognized. litical asylum, as refugees, the great sunsets the higher H–1B visa cap after Mr. GORTON. Mr. President, this de- bulk of which have few, if any, skills five years so we can determine whether bate on the bill of the Senator from Ar- and over whom there has been a major an increased supply of foreign profes- izona and his opponents, or those who debate lasting over the last 3 years as sionals remains necessary to our eco- would significantly change it and limit to their eligibility for various forms of nomic well-being. it, is a debate between optimists and welfare and who, when they get jobs in American unemployment levels pessimists about the American condi- order to get off welfare, will be taking stand at their lowest levels in over two tion. Senator ABRAHAM’s proposal the lowest skilled jobs that the United decades. Americans are not responding stems from the proposition that we are States has to offer where there may to the ‘‘Wanted’’ ads in their local in a society so dynamic, changing so well be a real displacement. Yet, these newspapers for high-tech and other rapidly, with so many new technologies requirements, the requirements of the skilled positions at U.S. companies, on each and every day, that we can do amendments we are about to deal with, universities, and research centers. nothing but benefit by recruiting into do not deal with these immigrants Company recruiters are hounding col- that economy the most highly skilled coming in far larger numbers than the lege students—on campus, in the li- people from dozens of nations around extra 30,000 skilled employees about braries, even at the beach during Spring the world who seek to make their con- whom we are speaking at the present Break—to sign on to lucrative con- tribution to humanity as a part of the time. tracts with American firms. United States of America as against Mr. President, the proposal of the Mr. President, we simply cannot af- the nations from which they come, Senator from Michigan is a proposal ford to allow this desperate trend to hobbled by societal and governmental for a dynamic future for the United continue. The 65,000-person cap on H–1B restrictions. A large number of the States. It is a proposal that will not workers for Fiscal Year 1998 was men and women on whom this battle is only create opportunities for men and reached last week. American compa- being waged have been educated here in women, many of whom are educated in nies cannot meet their hiring needs the United States and have already the United States, and others of whom until the new Fiscal Year begins on Oc- begun to become a part of our culture. are exceptional people for themselves, tober 1 unless Congress acts now. It is the theory of this bill, a theory but for the new jobs and the new oppor- Should we fail to do so, we will all pay borne out by the experience of H–1B so tunities they will create. the price imposed by our shortsighted- far, that not only are these men and Let me just take one or two examples ness. The Information Age and the women who seek to become Americans of a specific company and the way in global marketplace are a reality which contributing to their own well-being which it would be impacted by the pro- we neglect at our peril when we refuse and to the progress of our society but posed amendments. My friends at to provide the regulatory framework are, in fact, creating jobs for others. Microsoft tell me they will have hired within which the American economy The opponents of this bill, those who an individual for a 12-month contract can thrive and Americans can prosper. would restrict it, those who would tie to do a very specific task, say, to de- The American Competitiveness Act de- it by all kinds of restrictions so as to velop an Internet site for stamp and serves our support. make it impracticable for most of the coin collectors but then determined Mr. President, in addition, this is the high-tech companies of the United that there wasn’t enough to warrant last of several bills that we call high- States to use, still believe implicitly in going on with the project and dis- tech bills. I think it is the most impor- a zero sum economy—that any job, no missed the employee. The proposed tant one. I hope that we in the Senate matter how skilled, taken by someone amendments backed by the administra- recognize that we need to enact further who was born somewhere else will in- tion would prevent Microsoft from hir- legislation to help high-tech industries evitably result in a job being deprived ing any new H–1B worker for any in America. from some person born in the United project for a period of at least 3 to 9 What has happened is remarkable. States of America. months, or if someone is dismissed be- What has happened is fragile. And what They do this despite the fact that at cause they have worked on a project has happened deserves our attention the hearing on this bill, as I under- and are experts at something which is and support as we provide an enormous stand it, the Department of Labor now an anachronism, you cannot hire a growth in opportunity, growth in the could come up with only one example new one through H–1B for something way of economy and opportunity to of a true displacement and a guess that that looks to the future and is totally provide knowledge to all Americans there might be two or three others and completely different without meet- and all citizens of the world in the somewhere across the United States. ing all of these restrictions. most unprecedented fashion; in fact, So, Mr. President, if you believe that Today we have an example of the the most remarkable changes taking we are not really competitive, that we Clinton administration’s desire to have place in the world since the industrial can’t grow, that every job that one per- lawyers and judges design computers. revolution. son takes of a skilled nature simply In the amendments this afternoon, I appreciate the cognizance by the comes at the expense of another job al- quite consistent with that philosophy, Senator from Michigan of this fact and ready there, then of course you can we have its desire to act as an employ- his responsibility for this important support the amendments proposed by ment agency for all of the high-tech legislation. the Senator from Massachusetts and by companies in America, to tell them Mr. ABRAHAM addressed the Chair. the administration, and wreck a sys- who they can hire, when they can hire May 18, 1998 CONGRESSIONAL RECORD — SENATE S4973 them, when they can fire them, and not want the Department of Labor If wages do increase to reflect temporary what the restrictions on them will be. making more of their employment de- shortages, this soon corrects itself by more That is not the way we caused our cisions than they are making today. college graduates and career challenges. economy in the course of the last 10 Mr. KENNEDY. Well, Mr. President, * * * * * years to be one about which we have this is the problem. Some companies Please demonstrate that you support the many questions, many jealousies of the distort and misrepresent what these goals, prosperity, and future of your con- stituency by opposing increases in the H1B Japanese and of others to the point at amendments are. All The Senator has to do is read the amendment. In the re- quotas. Furthermore, please begin efforts to which we clearly dominate the world in force H1B employers to proactively dem- the very fields in which this bill by the cruitment area, our amendment says: onstrate that they are hiring and training Senator from Michigan is designed to Take such steps to include a good U.S. citizens prior to any H1B approval. keep us preeminent. faith recruitment in the United States This is to President Clinton on the using procedures that meet industry- I congratulate the Senator from same issue, from Mr. Burns, of Port- wide standards. Michigan for his dogged determination land, OR. to see to it that we get to this vote and Those are industry-wide standards. All we are trying to do is protect If companies are truly so desperate for en- to say that we should deal with it with gineers they should try raising salaries or American workers. If there is a job out no amendments other than those of expanding in areas of the US outside of Sili- there and an American can do it, we which he approves. con Valley. And if the visa limit must truly Mr. KENNEDY addressed the Chair. are saying let him or her have the first be raised, then companies who hire H1B engi- The PRESIDING OFFICER. The Sen- crack at it. Let’s not displace an Amer- neers should be willing to never layoff US ator from Massachusetts is recognized. ican worker with a foreign worker and citizen engineers, but I doubt they’ll ever ac- then find the corresponding pressure cept that. Mr. KENNEDY. Mr. President, just High-Tech companies are always in favor while my friend from the State of that is put upon them. As I mentioned before, over 90 per- of a free market and want to limit govern- Washington is here, I would ask him if cent of the workers who are coming in ment intervention. But, when it comes to he would read through both the amend- employment, they demand special treatment are making $75,000 or less. So it is dif- rather than letting supply and demand dic- ments which I intend to offer about ficult for me to listen to the Senator protection against displacement of U.S. tate salaries. from Washington talk about the kind I guess he must be referring to what workers, because the Senator has mis- of esoteric job he was looking at in stated what my amendment does and the GAO report showed, that there terms of what might be needed for hadn’t been any noticeable, significant then differed with it. The amendment Microsoft and relating it to the more is very clear. It says: increase in salaries in these areas. Gen- than 90 percent of workers who earn erally, when you get a shortage of the For purposes of this section the term less than $75,000 per year. These are the professional personnel, salaries go up: ‘‘replacement’’ means the employment workers—75 percent earn less than Supply and demand. The GAO review of of the nonimmigrant at the specific $50,000 and 16 earn more than $75,000. It the Commerce Department’s study in- place of employment in the specific seems to me we ought to be able to de- dicates there is no increase, virtually, employment opportunity from which velop the training programs for those in these salaries. That is what we are the United States worker with substan- workers. tially equivalent qualifications and ex- I would like to read through a few of seeing, and we are hearing from a lot of perience in the specific employment the letters we have here that I men- these American workers, who are try- opportunity has been laid off. tioned earlier. One is from February of ing to find employment. That is identical language to what is this year from Mr. Whittlinger in Tor- Here is a letter dated February of in the Abraham amendment. So it is rance, CA. this year: Dear Mr. President, difficult—when the Senator talks Chalk up a Republican’s support for your I am graduating with a degree of computer about Microsoft talking about laying stand on not allowing foreign high tech im- science this spring. I am in deep debt and migrants in until and unless more Americans off some employee, not being able to hope to find work quickly so I may repay it. hire someone for 6 months is com- are given a chance first. I am unemployed If you allow them to raise or eliminate the (downsized) and cannot get a job, yet I see pletely inaccurate. I intend to speak current 60,000 person quota on foreign com- companies bring in foreign programmers puter workers it will be nothing less than a further, but if the Senator wanted to over hiring me who is already trained (al- knife in my heart. make some comment I would be glad to though perhaps not to latest technology/ hear it. But I hope perhaps he might program languages). But I also see a reduced * * * * * look at page 2 at the definitions of the quality and wages (which I think is the pri- I hope you are on the side of indebted col- amendment and I think he would find mary goal of these companies.) lege students on this one. it is different from what the Senator This is from a technology informa- You know, the list goes on. Here is has stated. tion worker who expressed his views on the letter from Martin Rojo, San Mr. GORTON. Mr. President, this this particular provision. Mateo. He said: Senator simply wishes to report that Jay Roberts from the State of Mary- . . . I am a professional software engineer the Kennedy amendments place the De- land writes: who conducts hiring interviews. I can state partment of Labor in the shoes of most Currently, I work in the information in- that in my experience there is no shortage of of these employers with respect to the dustry as a senior level individual. My obser- qualified workers. While it is rare that some- vation is there is little if any shortage. one exactly matches a job description in the criteria with which they will engage in esoteric world of software and hardware, the employment. We have sent the amend- This is a recruiter who says he is in the information industry. And he says: candidate’s mental acumen is a more impor- ments that the Senator from Massa- tant indicator of success than any specific chusetts proposes to the companies We are quite capable of hiring all the language or platform. that will be affected by them and asked qualified help that we need at currently pre- The real purpose behind any attempt to vailing wages. Should there be any question lift visa restrictions is, in my opinion, to them, the people who are engaged in on this point, prepare the most qualified these hiring activities, what the im- allow importation of cheap labor. Part of my software resume of which you can think and past coworkers were hired on H–1B visas, and pact will be. They report to us exactly send it to Microsoft. There is a 95 percent they were tied to an employer in the manner what I have told the Senate here today. chance that they will not even acknowledge of an indentured servant, while perfectly They report, in fact, that the Kennedy it. qualified American citizens did not get the There not being a true software profes- amendments are so disastrous for their job. This might be fine in farm labor, but sional shortage makes us face this for what recruiting they will be worse off with it is—the H1B program is in effect an inden- there are many Americans who would fill the 95,000 H–1Bs and the Kennedy amend- tured servant program. H1B workers typi- open positions if allowed. ments than they would be to retain cally work at lower wages than Americans, We are basically saying OK, let’s in- present law. and with less complaint. crease the numbers in a temporary I, for one, am willing to accept the * * * * * way. But let us also develop training views of the employers in the high-tech The current technology revolution has the programs so Americans can fill those community on the impact of these promise of restoring broad middle class pros- jobs in the future. And let’s say no to amendments as being exactly what perity, which has been severely eroded. . . . displacing American workers with for- they feel would apply to them. They do * * * * * eign temporary workers. And let’s also S4974 CONGRESSIONAL RECORD — SENATE May 18, 1998 say that there must be at least mini- staff’s efforts to work with our staff Procter & Gamble is another Ohio- mum efforts to recruit Americans, fol- and the staff of the ranking member based company that uses H–1B visas to lowing whatever the industry standard and Senator LIEBERMAN and several hire about six to ten foreign nationals is. others, and especially the Senator from a year. Some people may wonder why All they have to do is attest, check Vermont, the chairman of the Labor such a low number of employees are so the box, ‘‘We have followed the indus- Committee, to craft what will be ulti- essential to a company’s productivity, try standard and attest we have tried mately a provision in the managers’ but these specialized scientists, many to hire an American.’’ amendment that I think effectively be- with doctoral degrees, are needed for I find it difficult to understand, gins to address the issue of job training key projects. Reaching this year’s arbi- among our colleagues here—what is as a part of this legislation. trary limit on H–1B visas will prevent wrong with seeking American workers At this point, I yield to the Senator all employers from filling such special- for these jobs? What is wrong with just from Ohio. ized positions until the next fiscal year asking employers to observe a require- The PRESIDING OFFICER. The Sen- begins, thus delaying some key ment to recruit American workers? ator from Ohio. projects for up to six months. When That is what these amendments do. Mr. DEWINE. Madam President, I am those key projects are delayed, this They ensure that employers are at proud to be a cosponsor of S. 1723, the means other American workers cannot least going to make an effort to try to American Competitiveness Act. I’d like work, other American workers will not recruit Americans and make assurance to commend Senators ABRAHAM and be able to work on these projects. In they are not going to lay off Americans HATCH for introducing such a well our global marketplace, competitive- and to displace those Americans from a crafted piece of legislation. ness demands that our companies be job that will then be filled by a for- I think the title of this bill—the able to beat their overseas competitors eigner. American Competitiveness Act—is es- to market. Any delay in the product It seems to me, if we had those two pecially appropriate, since we are talk- cycle—from innovation or creation to measures and an effective training pro- ing about a bill that will make our production—impedes such competitive- gram, then we could respond to what- companies stronger and more able to ness and could result in such compa- ever the needs of the information tech- compete in the global marketplace. nies moving their operations overseas nology industry are for the best and None of our businesses can run effi- where such hiring limitations do not the brightest workers. ciently when they are understaffed— exit for their overseas competitors. But it comes down, Mr. President, to and in today’s marketplace there are Also, in a global marketplace, it only what we do for American workers who, plenty of overseas competitors who makes sense that small and large do- despite doing a good job, in many in- will pick up the slack and take away mestic companies must cater to a wide stances, have been displaced. We find our customers if we give them that op- range of customer preferences and out that there is basic prejudice and portunity. needs—they must know what the tradi- discrimination against them. I think When the Commerce Department, tions and cultures of all of the coun- that is wrong. using the Labor Department’s data, tries are that they serve. I would rath- I reserve the remainder of my time. projects that our economy will con- er have these companies hire a few for- Mr. ABRAHAM. I yield 1 minute to tinue to grow at such a rate that more eign workers under our H–1B visa pro- the Senator from Washington. gram, rather than have these compa- The PRESIDING OFFICER (Ms. COL- than 1.3 million new information tech- nology jobs will be created over the nies move their base of operations—and LINS). The Senator from Washington is American jobs—overseas. next decade—but that our universities recognized. The best and the brightest of the for- will produce less than a quarter of the Mr. GORTON. Perhaps, Madam Presi- eign workforce are brought into our dent, I owe the Senator from Massa- necessary number of information tech- country under the H–1B system. These chusetts an apology. Perhaps it is true nology graduates, simple math tells us are productive men and women who that he knows better than these high- that there will be a shortage of these create innovative technologies—many tech companies whom they ought to highly skilled workers. receiving patents for the U.S. compa- It may surprise people that the high- hire and when they ought to hire them. nies they work for—and whose ideas Perhaps his effectively granting to the tech industry is not just about Silicon launch new projects and, thus, create Department of Labor the determina- Valley. Ohio now ranks 10th in the na- new jobs for our domestic workforce. tion of when a layoff is a layoff and tion in high-tech employment and 8th I am a firm believer in educating and when it is not, when a replacement is in high-tech exports. In Ohio, these training our domestic workforce from an appropriate replacement and when jobs, on average, pay close to $14,000 within, so that this shortage of highly it is not, will be dealt with entirely be- higher than Ohio’s average private sec- skilled labor may one day be solved. I nignly and will not harm any of our tor wage—$14,000. I want to keep these strongly believe that part of the solu- international competitiveness. jobs in Ohio and I don’t want to see tion to this shortage depends on how But, Madam President, I think not. I them moved overseas. we raise and educate our children and believe that these companies are better But let’s look beyond statistics at teenagers—this is why the 20,000 schol- judges of their own needs than is the what some of the largest employers in arships per year created under this bill Senator from Massachusetts or the De- our country are telling us. They are (some for low income students) for partment of Labor. And I am convinced the one we need to listen to. NCR, a math and engineering and computer that, looking around us, we can see leading high-tech company based in science majors is such an important how well this system has worked for Ohio, has expressed concern that the part of the bill, and such a strong con- the last 10 years, as evidenced by the estimated 340,000 high-tech worker tribution. I again salute my colleague dynamism and the growth of the Amer- shortage nationwide could affect NCR’s from Michigan for inclusion of this ican economy matched by no one else. ability to fill key high-tech positions. Provision in the bill. Improving the Let’s extend what already works rather TRW, which is also based in Ohio, is a educational process—whether it is job than destroying what already works. good example of how this shortage of training focused on teens and adults, or Let’s be optimists and not pessimists. skilled workers affects more than just math and science courses for children— The PRESIDING OFFICER. The Sen- the information technology industry. is not something that can be achieved ator from Michigan. TRW, which produces safety equipment overnight. We must realistically face Mr. ABRAHAM. Madam President, I for the automotive industry and equip- the shortage of highly skilled, high- will yield at this point to the Senator ment for the defense industry, tells me tech workers and allow our companies from Ohio, up to 10 minutes. I believe that only one U.S. citizen for every 10 to hire the workers they need to stay we have used all of our time on the bill, foreign students apply at TRW when competitive in this global market- so I yield 10 minutes to him, off of one they go onto a college campus to re- place. The world will not wait for us to of the amendments that are time con- cruit. The company currently has 1,100 catch up in the math and science fields. trolled. openings nationwide. These unfilled We must move forward. Before he speaks, I thank the Sen- jobs are not helping this company to The enforcement penalties included ator from Ohio for his work and his expand and create more jobs. in the bill will also help us protect our May 18, 1998 CONGRESSIONAL RECORD — SENATE S4975 domestic workforce form those who THE TOBACCO LEGISLATION AND ety, the American Heart Association, willfully violate the H–1B program. YOUTH SMOKING the American Lung Association, the First, the bill increases penalties for Mr. KENNEDY. Madam President, we American Medical Association, the such violators by 5 times the current will be moving towards the votes as set ENACT Coalition, and the Save Lives penalty—by increasing fines from $1,000 out by the two leaders for votes on Not Tobacco Coalition have all stressed to $5,000. The bill also provides for a 5- these amendments in approximately 2 the importance of a price increase of at year probationary period during which hours. But while there is a brief mo- least $1.50 a pack. It is the single most spot inspections of the violating firms ment, I would like to address the Sen- important step we can take to reduce may occur at the discretion of the De- ate on one of the issues that we will be youth smoking. partment of Labor. The bill also adds a addressing later this evening and on to- More than a third of the Senate have $25,000 fine per violation, and a two- morrow. That is the amendment that already cosponsored bills proposing the year debarment from all employment will be offered hopefully in a bipartisan $1.50 a pack increase. The Senate Budg- immigration programs, in cases where way by Republicans and Democrats on et Committee endorsed $1.50 on a bipar- an employer lays off a U.S. worker and the tobacco bill to raise the cost per tisan vote of 14–8 in March. Last Thurs- willfully underpays a H1–B worker to pack of tobacco from $1.10 to $1.50. day, a bipartisan majority in the Fi- replace the U.S. worker. I have hopes that this will be a bipar- nance Committee voted for a cigarette This bill also modifies the per-coun- tisan amendment since there have been price index of $1.50. Too many young try limits an employment based visas. Republicans and Democrats who have lives are at stake for us to ignore the This modification will help prevent supported that position both in the Fi- advice of all the public health experts. further discriminatory effects that the nance Committee when the Finance Mr. President, the $1.10 increase, on current per-country limit creates for Committee accepted that concept last the other hand, simply will not do the otherwise qualified people from China week and also in the Budget Commit- job. According to the University of Illi- and India. tee. I think that there are those on nois’ Professor Frank Chaloupka, the I strongly support Senator ABRA- both sides of the aisle that support Nation’s leading authority on the im- HAM’s bill. I believe it contains essen- that particular measure. pact of higher cigarette prices on teen- tial provisions to protect our domestic I will strongly support the measure age smoking, an increase of $1.50 a workforce from willful violators by in- and welcome the opportunity to be one pack would reduce youth smoking by creasing fines and investigative or pro- of those who commends that position nearly 50 percent. When combined with bationary periods. Out domestic em- to the Senate, when it is hoped, we will the youth access provisions and other ployers and workforce need to have the have some determination on that as tobacco control measures, the $1.50 per cap on H–1B visas raised in order to re- one of the first orders of business. I be- pack increase will reduce youth smok- main competitive. I urge my colleagues lieve that under the proposition, which ing by 60 percent and reach the target in the Senate to vote in favor of the will be announced later on this evening that we have set. In addition, if the to- Abraham bill. by the two leaders, that will be one of bacco industry plays by the rules and the measures which will be addressed no longer targets young Americans Mr. ABRAHAM addressed the Chair. and voted on tomorrow. So I will just with their advertisements and pro- The PRESIDING OFFICER. The Sen- take a few moments now to express my motions, no look-back penalties would ator from Michigan. strong support for increasing the ciga- need to be applied above the $1.50 a Mr. ABRAHAM. Madam President, I rette price by $1.50 per pack. pack increase. thank the Senator from Ohio for his Mr. President, youth smoking in According to Professor Chaloupka, support and help on this legislation. As America has reached epidemic propor- the $1.10 increase will reduce youth I said before, it is especially appro- tions. According to the report issued smoking by only a third. Even with the priate to thank him because of his last month by the Centers for Disease nonprice provision in the tobacco legis- leadership on the entire topic of work- Control Prevention, smoking rates lation, it would be very difficult to force development. He is the chairman among high school students have risen achieve the targets for reducing youth of the Senate subcommittee that deals by nearly a third between 1991 and 1997. smoking. with preparing our workforce, job Among African-Americans, the smok- Ask any parents if saving 750,000 ad- training and other similar topics. I ing rates have soared by 80 percent. ditional children from a lifetime of nic- know his support of the approach we And more than 36 percent of high otine addiction and tobacco-induced are taking in this legislation should school students smoke—a 19-year high. disease is worth the extra 40 cents With youth smoking at such a crisis satisfy Members on both sides of the needed for the $1.50 price increase in- level and still increasing, we cannot aisle, given the respect with which he stead of the $1.10 increase. is held on these issues, that the legisla- rely on half measures. Congress must use the strongest legislative tools Ask any person who is concerned tion which we are working on today ad- about the health of the Nation’s chil- dresses the concerns of the long term available to reduce youth smoking as rapidly as possible. dren whether we should do all we can of how we are going to prepare Amer- to prevent these young Americans from ican workers to hold these jobs when The amendment we will have before us tomorrow will provide for a ciga- taking up this deadly habit. this short-term solution expires. I The vast majority of the American thank him. rette price increase of $1.50 per pack over the next 3 years. The $1.10 per people support the $1.50 per pack in- Madam President, I suggest the ab- pack increase over 5 years in the man- crease and Congress should support it, sence of a quorum and ask that the agers’ amendment is not adequate to too. Ask any taxpayer if they want to time not be assessed to either side. achieve the youth smoking reduction continue to shoulder the burden of pay- The PRESIDING OFFICER. Without goals of 60 percent. And by raising it by ing the health costs of the Nation’s objection, it is so ordered. The clerk $1.50 instead of $1.10 a pack, we can smokers. Seventy-five percent of will call the roll. deter an additional 750,000 children Americans do not smoke, yet the De- The bill clerk proceeded to call the from smoking over the next 5 years. partment of Treasury finds that they roll. That will mean 250,000 fewer premature pay $130 billion each year for the Mr. KENNEDY. Madam President, I deaths from tobacco-induced illnesses. health costs in lost productivity of the ask unanimous consent that the order Public health experts have over- 25 percent who do smoke. for the quorum call be rescinded. whelmingly concluded that an increase Ask any American if they have had of $1.50 a pack is the minimum ciga- enough of the tobacco industry’s dis- The PRESIDING OFFICER. Without rette price increase necessary to tortions and denials of the objection, it is so ordered. achieve our youth-smoking reduction addictiveness of nicotine or about the Mr. KENNEDY. I yield myself 11 min- goals. industry’s cynical marketing of ciga- utes. Dr. C. Everett Koop and Dr. David rettes to children or about the indus- The PRESIDING OFFICER. Without Kessler, the National Academy of try’s decades-long coverup of the objection, it is so ordered. Sciences, the American Cancer Soci- health risks associated with smoking. S4976 CONGRESSIONAL RECORD — SENATE May 18, 1998 This is an industry which once ar- needed to achieve the national goal of Over the years, we have wisely at- gued that cigarettes are no more ad- reduced youth smoking by 60 percent tracted the best and brightest to Amer- dictive than Gummy Bears. This is an over 10 years. Study after study has ica. We have recognized that having industry that used Joe Camel in adver- shown that raising cigarette prices is talented people come to our country to tising blatantly designed to hook chil- the most powerful weapon in reducing work has not only not displaced Amer- dren on smoking, yet they now ask us cigarette use among children, since ican workers, but it has created an in- to believe that a $1.10 or $1.50 increase children have less income than adults tellectual base that has help create will lead to big tobacco’s bankruptcy to spend on tobacco, and most children millions of jobs. and a rampant black market for illegal are not yet addicted. I want to congratulate Senator cigarettes. Philip Morris, the Nation’s largest ABRAHAM for this bill. I think it is vi- The challenge is clear. One million tobacco company, concedes as much in tally important, and I am proud to be young people between the ages of 12 an internal memorandum as far back a supporter of the bill. I think it is in- and 17 take up the deadly habit each as 1981. That memorandum stated, ‘‘It teresting to note that the companies year—3,000 new smokers a day. The av- is clear that price has a pronounced ef- most strongly supporting Senator erage smoker begins smoking at age 13 fect on the smoking prevalence of teen- ABRAHAM’s bill are America’s fastest and becomes a daily smoker before age agers.’’ And the goals of reducing teen- growing companies. These are the com- 15. One-third of these children will die age smoking and balancing the budget panies that are creating most of the prematurely from a tobacco-induced would both be served by increasing the new jobs in America. Especially those disease. Federal excise tax on cigarettes. In companies that are in high-tech areas Once children become hooked on cig- 1982, R.J. Reynolds said essentially the and research areas that are primarily arette smoking at a young age, it be- same thing in that ‘‘the key finding is responsible for generating the new comes increasingly harder for them to that younger adult males are highly products, the new know-how and the quit. And 90 percent of current adult sensitive to price. Price may create a new technology that will create jobs smokers began to smoke before they barrier which prevents the appeal from now and in the 21st century. reached the age of 18. Ninety-five per- developing into an ongoing choice to I understand that Senator KENNEDY cent of teenaged smokers say they in- become a smoker.’’ will be offering two amendments. Al- tend to quit in the near future, but Canada increased its cigarette prices though they have not technically been only a quarter of them actually do quit between 1980 and 1981 until there was a offered yet, I know enough about the within the first 8 years of beginning to $3 difference in cigarette prices with amendments to know that I am op- smoke. the United States overall. An increase posed to them. Senator KENNEDY is try- The tobacco companies have known of $1.50 a pack is clearly realistic. In ing to preserve the jobs of the 1950s. these facts for years. They are fully addition, it is not likely that the $1.50 Senator ABRAHAM is trying to create aware that they need to persuade chil- increase in the manufacturers’ level jobs now and in the 21st century. Sen- dren to take up smoking in order to will turn into a much higher real price ator KENNEDY believes that if we can preserve their future profits. That is increase at the retail level. keep new, talented people out of Amer- why big tobacco has long targeted chil- The difference between a $1.10 in- ica, as a contributory factor to the in- dren with billions of dollars in adver- crease and a $1.50 increase is literally tellectual base of our country, we can tising and promotional giveaways that that 750,000 more children will be de- induce innovative businesses to hire promise popularity, excitement and terred from smoking over the next 5 more Americans. Senator ABRAHAM un- success for young men and women who years. We shouldn’t sacrifice these derstands that we need an intellectual take up smoking. children to a lifetime of tobacco-in- base to help us create the products and The recent documents released in the duced illnesses. The lives of these chil- the technology that will create thou- Minnesota case against the tobacco in- dren hang in the balance. sands and ultimately millions of new dustry reveals the true extent of the The American people are calling on jobs. industry’s marketing strategy to chil- you to have the courage to act. The In these two amendments that will dren. $1.50 increase has broad public support. be offered, we really have a debate be- In 1981, in the Philip Morris memo, The public health community deserves tween the past and the future. The past ‘‘Young Smokers, Prevalence, Implica- the support of the full Senate, too. deals with the idea that we can some- tions and Related Demographic f how protect jobs by keeping talented Trends,’’ the authors wrote that: people out of the country. The future is AMERICAN COMPETITIVENESS ACT It is important to know as much as pos- a recognition that America has lit- sible about teenage smoking patterns and at- The Senate continued with consider- erally drained the brain talent of the titude. Today’s teenager is tomorrow’s po- ation of the bill. world by bringing talented people to tential regular customer. The overwhelming The PRESIDING OFFICER. The Sen- America, and, in the process, talented majority of smokers first begin to smoke ator from Texas. people here have found more oppor- while still in their teens. Mr. GRAMM. Madam President, tunity, more freedom, than any other The smoking patterns are particu- would the distinguished chairman of people who have lived. They have cre- larly important to Philip Morris. Fur- the Immigration Subcommittee yield ated an economic system that is thermore, it is during the teenage me 5 minutes to speak on behalf of his unrivaled throughout the world. years that the initial choice is made. bill and against the Kennedy amend- The first amendment Senator KEN- Nothing is done to reverse this trend in ments? NEDY will offer states that if a com- adolescent smoking. The Centers for Mr. ABRAHAM. I yield the Senator pany brings in an H–1B visa worker, Disease Control and Prevention esti- from Texas such time as he may need. and later has to lay someone off, the mate that 5 million of today’s children I believe this would have to be yielded company is in violation of the law. The will die prematurely from smoke- from time that is to be available for problem is that in dealing with innova- caused illnesses. the amendments tive companies, people are hired based The American public has had enough The PRESIDING OFFICER. The Sen- on creating new products and based on of the daily tragedy of death and dis- ator is correct. There is 1 minute 20 success of their research. To force a ease caused by tobacco use. They are seconds remaining on the bill. company to guarantee that it will not, demanding dramatic action by Con- Mr. ABRAHAM. I yield 5 minutes in the next 6 months, have to lay any- gress to drastically curb youth smok- from the time reserved for our side. one off is to ask them to guarantee the ing. This Congress will be judged in The PRESIDING OFFICER. The Sen- success of their research. As we know large measure by whether or not we re- ator from Texas is recognized for 5 from the experience of Europe, which is spond effectively to that challenge. In- minutes. still trying to follow the policies of the creasing cigarette prices by $1.50 is the Mr. GRAMM. Madam President, I 1950s that are built into the Kennedy most effective way to reduce teenage thank our dear colleague for yielding. I amendments, if a company does not smoking. The public health community congratulate him on this bill, the have the right to lay people off when a agrees it is the minimum increase American Competitiveness Act. project fails, it can not take the risk to May 18, 1998 CONGRESSIONAL RECORD — SENATE S4977 hire the very people who make it pos- That suggests to me that the purpose what struck by the paradox. Only last sible for it to succeed. of the amendments are to kill the bill. week, we were debating an effort I had The second amendment deals with Mr. KENNEDY. Madam President, I undertaken to make people who come giving the Labor Department the abil- yield myself 4 minutes on the amend- to America, come with their sleeves ity to make a final judgment and to ments. rolled up, rather than their hand held second-guess an employer as to wheth- As I am sure the Senator from Texas out to get food stamps; and last week er or not a person who is a resident of knows, about 85 percent of these jobs the Senate voted to give them food the United States could have been earn $75,000 a year, or less. I am just stamps for 7 years. found to do the work. I simply want to wondering what we have against Amer- When the Senator from Michigan remind my colleagues that the existing icans and American workers that we says, we should let very talented peo- law states that a company can not are so prepared to turn over these good ple come and not let them work for less bring in an H–1B worker from outside jobs to foreigners. than Americans, and if they can bring and pay them less than either the pre- Now, if the Senator wants to say, talent that will make American prod- vailing wage or the actual wage. So it well, what about these $75,000 jobs? The ucts more competitive and help create is not a case of bringing in people who GAO pointed out that there is no in- American jobs, we should let them will work for less. crease in the salary of these workers. I come in and work in limited numbers, Also, the bill offered by Senator thought supply and demand said that if under strict requirements. I think one ABRAHAM strengthens current law by we have that great a demand, we are might be confused to hear that we are providing a $25,000 fine and a 2-year de- going to see an increase in salaries; perfectly willing to let people come barment from the program for those right? Wrong. The GAO report says here and go on welfare; it is when they who willfully violate the law. there is no indication of that. want to come and go to work that we So the question is: If there are tal- So these are good jobs. I say, let’s try have an objection. Well, I do not. ented people who can come to our uni- an American first. Let’s develop the I go back to the point that the com- versities, to our research labs, to our kinds of skills employers need so that panies who are hiring these people are high-tech companies bringing with we won’t need to have this continue not companies that are in decline. I them human capital that can help us after the expiration of this particular know the Senator feels this concern in create technology and products that proposal. Let’s try an American first. his heart, and I have no doubt about will put millions of our own people to And if we are not going to do that, let’s the sincerity of his position. If these work, why not ask them to come to just ensure that an American who is in were companies in decline and they America, instead of inducing American that job and working, as the record were trying to drive down their wage companies to invest abroad in order to demonstrates today, isn’t going to get base by simply hiring people with employ them in their country? laid off and replaced by a foreign work- standard skills to displace Americans, I It seems to me that the most reveal- er who then is going to work longer would be siding with Senator KENNEDY. ing thing about this whole debate is hours and be threatened day after day But what is happening here is compa- the companies that use this H–1B pro- that if they complain at all, they are nies that are using this program are gram are the companies that have the going to have their green card taken our most innovative companies. They fastest growing employment base of and they will be shipped overseas. That are the companies that have the most American citizens. We are not talking is the case, in many instances. talented workers that they can hire in about companies that are experiencing Madam President, I find it difficult our country. They are our fastest grow- declining employment trying to bring to just accept the Senator’s argument ing companies. They are companies in technical people from abroad. It is that this really is just the pure free that are creating jobs now, and they companies in Silicon Valley that want market system working at its best. I are laying the technological founda- to bring in people with special exper- think we owe something to American tions that will create hundreds, thou- tise. This will allow these companies, workers. It is so interesting that all of sands, and ultimately millions of jobs through the application of their genius these companies want to have a free in the future. They want to reach out to practical business problems, to hire enterprise system—except when it in the world and pick the most tal- hundreds and ultimately thousands comes to paying wages and salaries. ented, the best and the brightest, to more people. Then they want to do it and get cheap- come to America on a temporary basis If Senator KENNEDY’s amendments er workers in from overseas and then and help us develop the technology were valid, the companies that use this exploit them. We want to protect that will create jobs—good jobs, high- program would be companies where against that. That is what those paying jobs, $75,000-a-year jobs—for our employment is declining. But the plain amendments would do. own workers. truth, as is evident to anyone who I withhold the balance of my time. So I strongly support the provision looks at the data, is that the compa- Mr. GRAMM. Madam President, I ask offered by the Senator from Michigan. nies using these programs are compa- the Senator from Michigan to yield me I do believe that the amendments of- nies that are creating the largest num- an additional 5 minutes. fered by the Senator from Massachu- ber of jobs in America. Mr. ABRAHAM. Madam President, I setts are well intended, but I think So if Microsoft—assuming the Gov- yield an additional 5 minutes to the they are wrongheaded in the sense ernment doesn’t put them out of busi- Senator from Texas. that, in the name of protecting jobs, we ness by trying to limit technology— Mr. GRAMM. Madam President, first are keeping out a very small number of can put hundreds of thousands of of all, I always welcome Senator KEN- very select people who are working at Americans to work by bringing some- NEDY giving me lectures about supply labs at Harvard University, or working one to this country who has special ex- and demand. I wish I believed in my in Silicon Valley, or working in re- pertise, why not let them do it. Espe- heart that he believed in supply and de- search institutes all over the country cially when this bill strengthens the mand. to create technology that puts millions law by imposing a $25,000 fine on com- Secondly, one of the purposes of the of our people to work. panies that violate procedures aimed at bill is to add teeth to the provision I yield the floor. dealing with the legitimate problems about hiring Americans first. This is Mr. KENNEDY. Madam President, I raised by Senator KENNEDY and oth- done by imposing a $25,000 fine on peo- have 150 letters and scores more back ers—-that people will be brought here ple who displace American workers in in my office of Americans who have who will work for less and therefore order to hire H–1B workers, or people training and skills in computer knowl- undercut the wage base of American who violate the law that prohibits hir- edge and technology and are unable to workers. ing these workers at less than the cur- get the jobs. You can, under this pro- So I hope these two amendments will rent wage rate. posal, hire 1,000 foreign workers and be defeated. I think it is very revealing Obviously, we are talking about very displace 1,000 American workers and it that our high-tech industries say they talented people when we are talking doesn’t violate any law. It violates no would rather not have the bill if the about people coming in for salary of law. I think we ought to protect Amer- Kennedy amendments are adopted. $75,000. I have to admit that I am some- ican workers, and if there is a job out S4978 CONGRESSIONAL RECORD — SENATE May 18, 1998 there, an American worker ought to been divorced, and you go to pick the have a provision in this bill so that, have a crack at it before it goes over- child up from school and he is not under extreme circumstances, the Sec- seas. there. You wonder what happened to retary of State can waive the require- Madam President, I see my friend your child. You call the police; the po- ments if the Secretary determines that and colleague from Nevada who, under lice have no knowledge of his where- the circumstances do not permit the the agreement, is to be recognized to abouts. No one seems to know what obtaining of the signatures of both par- offer an amendment. happened to your child. But as things ents. The PRESIDING OFFICER. The Sen- are pieced together, you learn that Madam President, this legislation ator from Nevada is recognized. your husband, who you recently di- was passed before in this body. It went Mr. REID. Madam President, let’s vorced, has taken the child from school to the House where it was knocked out put ourselves in the situation that a and to Croatia. This happens during in conference. Why? For the same rea- woman from Las Vegas found herself the time of the Balkans war. What as a son that the State Department indi- in. mother are you to do? Your child is in cated in a recent article in Parade The PRESIDING OFFICER. Is the Croatia. You were married to a Cro- Magazine, it is going to create too Senator from Nevada offering his atian. much paperwork. I say, Madam Presi- amendment? This is a situation that 1,000 parents dent, that is too much baloney. It may Mr. REID. I will offer it at the appro- face every year in our country. Over be too much paperwork for them. But priate time. I have the floor now. 1,000 children are taken from this coun- for the parents and the children in- The PRESIDING OFFICER. Unless try, normally as a result of the mother volved in this, it is better to spend a time is yielded to the Senator under and father not getting along, or re- little extra time when someone comes the agreement on the bill, the Sen- cently divorced, and they are taken to get a passport to make sure that the ator—— many times to a country where one of passport is obtained properly. It is not Mr. REID. My amendment has no the parents was born. Sometimes the asking too much of the State Depart- time. parent just takes off to a country they ment to insure that people who are AMENDMENT NO. 2414 are familiar with. They want to get going to get a passport for a child to (Purpose: To require that applications for away from the wife or husband, rec- check out that the child is, in effect, passports for minors have parental signa- ognizing that it will be difficult, if not not being kidnaped. tures) impossible, to get the baby back. The aim of the amendment is preven- Mr. REID. Madam President, I send The tragedy is of a thousand stories a tion. It prevents parental abductors an amendment to the desk and ask for year; there are many thousands of sto- from obtaining U.S. passports for their its immediate consideration. ries I could retell. minor children. One of the best ways to The PRESIDING OFFICER. The The Las Vegas Review Journal re- prevent international parental abduc- clerk will report. ported about a woman by whose name tions is to make it more difficult for The assistant legislative clerk read is Lilly Waken. Her two daughters left the abductors to obtain a passport. as follows: home for a party. The children never Madam President, prior to coming to The Senator from Nevada [Mr. REID] pro- came back. Frantically, she called the this body I practiced law and did di- poses an amendment numbered 2414. police. She called the hospitals. She vorce work, among other things. When Mr. REID. Madam President, I ask learned that her husband had taken Mikey Kale’s mother came to me, it unanimous consent that reading of the them away and had bought three one- flooded memories back to my mind amendment be dispensed with. way tickets to Damascus, Syria. That about a case that I had where there was The PRESIDING OFFICER. Without was 18 months ago. She hasn’t seen her a contested divorce. I represented a po- objection, it is so ordered. children since. lice officer from Henderson, NV. Sud- The amendment is as follows: My amendment is all about fairness denly, my client picked up the two At the appropriate place in the bill, insert and prevention. It is about preventing children and went to Mexico. He called the following: a problem that plagues this country, me from Mexico, and said, ‘‘I’m not SEC ll. PASSPORTS ISSUED FOR CHILDREN the international children’s abduction coming back until I get what I asked UNDER 16. problem. As I have indicated, 1,000 or for from my wife.’’ So I called the op- (a) IN GENERAL.—Section 1 of title IX of more children are abducted every year posing counsel and told him what had the Act of June 15, 1917 (22 U.S.C. 213) is in our country. These children, as I happened. My client stayed down in amended— have indicated, are abducted during or Mexico for years until finally the (1) by striking ‘‘Before’’ and inserting ‘‘(a) shortly after a contentious divorce, mother of the two children, in effect, IN GENERAL.—Before’’, and sometimes even by an abusive parent, (2) by adding at the end the following new gave him what he wanted. It was a dif- subsection: at a time when these children are most ficult situation. The children were ‘‘(b) PASSPORTS ISSUED FOR CHILDREN vulnerable and uncertain about their never in school during that period of UNDER 16.— future. They are then snatched from time. ‘‘(1) SIGNATURES REQUIRED.—In the case of custody of one parent and hauled over Madam President, this is a very seri- a child under the age of 16, the written appli- to a foreign country. ous problem. We who are parents and cation required as a prerequisite to the In the case that I first spoke of, a grandparents know that we are the issuance of a passport for such child shall be young boy by the name of Mikey Kale ones who are looked upon as protectors signed by— from Las Vegas was taken to Croatia. of our children. But those who should ‘‘(A) both parents of the child if the child lives with both parents; His mother worked for months and be protecting children are doing the ‘‘(B) the parent of the child having primary months, and was finally able, after worst for the child by taking them to a custody of the child if the child does not live spending a tremendous amount of strange country, recognizing that the with both parents; or money trying to get the return of her standards and customs in that country ‘‘(C) the surviving parent (or legal guard- son—remember, this is in a country are much different from ours, and that ian) of the child, if 1 or both parents are de- that was Mikey Kale Passport and No- it is going to be difficult, if not impos- ceased. tification Amendment at war—she was sible, to get that child back. ‘‘(2) WAIVER.—The Secretary of State may able to get her child back. It is reported that the State Depart- waive the requirements of paragraph (1)(A) if I am proposing this legislation, the the Secretary determines that cir- ment has had thousands and thousands cumstances do not permit obtaining the sig- Mikey Kale Passport Notification of these reported kidnapings, and that natures of both parents.’’. Amendment, after this young boy they just write them off after a year or (b) EFFECTIVE DATE.—The amendments taken to Croatia, Mikey Kale. This two, closing 80 percent of their files. made by this section shall apply to applica- amendment is very simple. It will re- This amendment is a simple legisla- tions for passports filed on or after the date quire that parents who are married tive solution which will implement a of the enactment of this Act. must both sign for a passport for their system of checks prior to the issuance Mr. REID. Madam President, let’s as- child. If there has been a divorce, the of a minor child’s passport thereby pro- sume that you are a mother, you have one with primary custody must sign tecting both parental rights and the a 6-year-old child, you have recently for the child to obtain a passport. We rights of the child. May 18, 1998 CONGRESSIONAL RECORD — SENATE S4979 Two years ago the same amendment rights is essential, and I ask my col- In so many areas of immigration pol- passed. The State Department and leagues to join me. icy there are the opportunities for their lobbyists prevailed upon those in I ask for the yeas and nays. abuse by a few. But as the Senator has conference to remove this provision. In The PRESIDING OFFICER. Is there a pointed out, thousands can still be af- the meantime, 2,000 children in this sufficient second? fected by the injustice. The Senator country have been abducted to other There appears to be a sufficient sec- has identified one instance in which a countries—2,000 children. Think of the ond. family was harmed. We would be glad grief that has been caused to those The yeas and nays were ordered. to work with him and with Senator Mr. ABRAHAM. Madam President, I children and to the parents of those ABRAHAM to see what could be worked would like to speak on the amendment, children. This, Madam President, through in the conference. If somehow but what I will do is note the absence should stop. We should not listen to we are not persuasive in the con- of a quorum. what the State Department says, that The PRESIDING OFFICER. The ference, we will join with him later in because they are understaffed and clerk will call the roll. offering his amendment on appropria- don’t want to go into the details of who The assistant legislative clerk pro- tions bills or other bills. But I think has custody, they cannot implement ceeded to call the roll. the Senator has made a strong case, this preventive measure. I say let’s Mr. ABRAHAM. Madam President, I just as he did the last time. I think he save some pain and suffering of these ask unanimous consent that the order has identified a very important issue. little children, and also of one of the for the quorum call be rescinded. Mr. REID. Madam President, I ask parents. The PRESIDING OFFICER. Without unanimous consent that my request for This problem is more common than objection, it is so ordered. the yeas and nays be withdrawn sub- one would think. As I stated earlier, Mr. ABRAHAM. Madam President, I ject to the manager of the bill accept- 1,000 children are abducted every year. will speak very briefly in support of ing the amendment. Here in the United States missing and the Reid amendment. The PRESIDING OFFICER. Without abducted children are counted meticu- I think the concerns he has raised objection, it is so ordered. The question lously, in some countries they keep no here are very important ones and need is on agreeing to the amendment. records whatsoever. Forty-five nations to be addressed. I would actually add to The amendment (No. 2414) was agreed have signed a Hague treaty designed to the examples he used other situations to. resolve international child custody dis- which have occurred to constituents of Mr. REID. Madam President, I move putes. Most countries have not. mine in which following a divorce de- to reconsider the vote. Finding a missing child is very dif- cree in this country, a spouse who Mr. BUMPERS. Madam President, I ficult. This problem is no better illus- maintains dual citizenship in some ask unanimous consent the Senator trated, as I have indicated, than that of fashion goes to a country of his or her from Rhode Island, Mr. REED, be recog- Mikey Kale for whom this amendment other citizenship with the child after nized for 7 minutes in order to offer an is named. there has been an agreement with re- amendment, and immediately follow- Let me repeat. On Valentine’s Day in gard to visitation. The American citi- ing the conclusion that I be recognized 1993, Mikey was abducted by the ex- zen spouse who remains in the United for the same purpose of offering an husband of Barbara Spierer and taken States then seeks to visit on the basis amendment. to Croatia—kidnaped, for lack of a bet- of that visitation agreement and finds, The PRESIDING OFFICER. Is there ter description. As I have said, after when visiting the foreign country, the objection? Mr. KENNEDY. Reserving the right tremendous emotional and financial ef- child is not available, cannot be found, to object—I do not intend to—he will forts, Barbara was one of the lucky has disappeared, usually just to an- go for 7 minutes and then we will have ones. She got her baby boy back. other city or another relative’s home a chance to respond to his amendment? Regardless of the number of cases— or something else, but basically be- Are we going to have time to dispose of whether it is 1,000 cases, which it is, or cause of the limited amount of time his amendment before the Senator 10 cases a year, which it isn’t—one case the visiting spouses have in the coun- from Arkansas? of abduction is one too many. My try, they no longer have the oppor- Mr. REED. I think in that time we amendment seeks to prevent even that tunity to see their children. can dispose of the amendment. This is not the case of an abduction one tragedy from occurring. One of the Mr. BUMPERS. The amendment, I per se, but it is relatively similar in most difficult and frustrating elements think, can be disposed of in 7 minutes. for parents of internationally abducted terms of the implications. So I think Mr. KENNEDY. That is fine. children is that the U.S. laws and court the outlawing this amendment takes The PRESIDING OFFICER. Is there orders are usually ignored in a foreign helps to address the most egregious objection? Without objection, it is so country. If they are not ignored, the form of this problem. But I indicate to ordered. The Senator from Rhode Is- possible pain and expense of legal rep- the Senator from Nevada I not only land is recognized. resentation in that country are unbear- would be willing to accept this amend- Mr. REED. I thank the Chair. able. ment and support it, but I look forward AMENDMENT NO. 2415 Many of these cases involve parents to working with him—and I know of (Purpose: To strike section 4, relating to who have relatively no assets. So the several other Senators who have ap- education and training in science and tech- one who is, in effect, left behind, when proved—to see if there are ways we nology) the child has been kidnaped, can do could also address these other cases Mr. REED. I have an amendment at nothing. where we may not be dealing with ab- the desk, and I ask for its immediate One country alone has 45 cases of duction, but still dealing with the cir- consideration. American children being abducted. cumstance where parents are prevented The PRESIDING OFFICER. The Letters to that foreign head of state from seeing their children. clerk will report the amendment. have had no effect, and none of the 45 So I thank the Senator from Nevada The assistant legislative clerk read have been voluntarily returned. for his amendment. as follows:. An inconceivable, irrefutable fact is Mr. KENNEDY. Madam President, I The Senator from Rhode Island [Mr. REED] that once a child is abducted from the thank the Senator from Nevada for proposes an amendment numbered 2415. United States, it is almost impossible bringing this matter to our attention Mr. REED. Madam President, I ask to get the child back. once again. As we were saying a few unanimous consent the reading of the Madam President, once again, the moments ago, this was accepted in the amendment be dispensed with. aim of this amendment is prevention— last debate on immigration reform in The PRESIDING OFFICER. Without prevention of anguish to families, pre- 1996. When it went to conference, there objection, it is so ordered. vention of parental rights being vio- were a number of us who were ex- The amendment is as follows: lated, prevention of a child being ab- cluded. If we had been able to partici- On page 27, beginning with line 1, strike all ducted. Until more can be done, I be- pate, we would have supported this through page 29, line 10. lieve a simple, cost-effective legislative measure. But we were in a different re- Mr. REED. Madam President, my solution to protect our children’s gime at the time. amendment would strike section 4 of S4980 CONGRESSIONAL RECORD — SENATE May 18, 1998 the underlying legislation. This section high-tech age. So, if we are really in- over the next several weeks as this proposes to amend the State Student terested in having Americans qualify measure goes forward, and given his Incentive Grant Program, the SSIG to take these jobs, bringing SSIG into commitment to work together on this Program. this bill, hijacking it, Shanghaiing it whole topic of the State Student Incen- I first want to recognize Senator into this bill is not going to do it. We tive Grant Program—I am prepared at ABRAHAM’s efforts on behalf of this leg- have to start early and consistently to this moment to seek unanimous con- islation and to underscore that I under- reach young people. sent to withdraw the amendment. stand the issue the Senator is attempt- I believe we have made progress in The PRESIDING OFFICER. Without ing to address is the lack of suitable this regard. We have made progress, objection, the amendment is with- training in our country to provide the both in terms of identifying the need to drawn. types of scientists and engineers which improve elementary and secondary The amendment (No. 2115) was with- this legislation hopes to attract education, and, as I mentioned before, drawn. through immigration policies. But I we have made progress working closely Mr. REED. I yield to the Senator would object to the importation of the with my colleague, the Senator from from Michigan, if he had a comment. SSIG Program into this legislation; to Maine, Senator COLLINS, to improve The PRESIDING OFFICER. The Sen- pull SSIG in is inappropriate. SSIG. We have introduced, with 17 ator from Michigan. We all recognize we do have to edu- other Senators, a bipartisan proposal Mr. ABRAHAM. Madam President, I cate and train more Americans to take to reform SSIG. It is called the LEAP briefly would like to do a couple of up these high-tech jobs, but this immi- Act. This proposal will create a two- things. First, I compliment the Sen- gration bill is not the right vehicle, tiered proposal: Up to $35 million, there ator from Rhode Island as well as the and the SSIG Program is not the right will continue to be a one-for-one match Presiding Officer for their efforts on approach to simply target high-tech of Federal dollars to State dollars; but this issue. As I mentioned earlier in my training in the United States. when we go beyond that amount, we opening statement about the legisla- I would like to briefly set the record will allow the States a great deal more tion before us, our office has been very straight with respect to SSIG, its sta- flexibility, flexibility that they will grateful to you as well as to Senator tus, and I hope its future. have to recognize by matching $2 for JEFFORDS and others on the Labor First, the State Student Incentive every one Federal dollar. But within Committee for the efforts that have Grant Program is within the jurisdic- that more flexible regime of options, been engaged in to help us craft, in the tion of the Labor and Human Re- we have actually built in, at the re- higher education bill, language which sources Committee. We have been con- quest of Senator ABRAHAM, the ability was consistent with our objectives in sidering its reformation and improve- of States to develop scholarship pro- terms of trying to provide ways by ment over the last several months, and grams that are targeted to mathe- which we can incentivize more young we have made progress in that regard. matics and computer science and engi- people in our country to fill these jobs We are on the verge, after deliberation neering. In effect, working very closely we know are going to be created in the in the committee, of bringing a bill to with the Senator, who is sincerely future. the floor which will make significant committed to improving the quality of improvements to SSIG. education throughout this country, we And under no circumstances, I think I would like to also point out that have done in the LEAP Act in the the Senator from Rhode Island knows, the State Student Incentive Grant Pro- Labor Committee what is purported to and I know the Senator from Maine gram was initiated back in 1972 by Sen- be done here in this legislation. knows as well, are any of us involved in ator Jacob Javits of New York. It was Now, we are concerned—frankly, I the development of this legislation created not as a way to bootstrap high- am concerned—that if we act in this seeking to, in any context, reduce or tech learning in the United States, but immigration bill, we might upset the undermine the SSIG program. To the to meet a critical deficiency—the need progress we have made to date on the contrary, I think everybody who is a to provide resources to low-income stu- LEAP Act. We might, in fact, com- cosponsor is a strong supporter. So we dents to enable them to go to college in promise its fundamental commitment look forward to working with you. I a vast array of programs, letting them not to one specific sector of study but have appreciated the efforts of the Sen- make the decision of where their talent to a broader social purpose—of giving ator from Rhode Island to assist us in will carry them, but giving them the low-income students the chance to go this and thank him for what he has al- resources to go to college and stay in on to college. ready done and what we look forward college. I hope we will not do that. I feel very to doing together, to find a way to ad- In its more than 20-year history, it strongly about SSIG. I felt very strong- dress this issue in the context of other has been a remarkably effective pro- ly last year—again, working with Sen- legislation that will be before us. gram. It takes Federal dollars and of- ator COLLINS from Maine. We came to Mr. KENNEDY. Madam President, I fers a one-for-one dollar match with the floor, we literally saved this pro- thank the Senator, my friend from the States to provide need-based grants gram from extinction with an over- Rhode Island. We have had the good op- to students. It has no federal overhead. whelming vote of 84 to 4 to maintain portunity to work with the Senator It delivers money in the form of grants appropriations for SSIG. Having, in a from Rhode Island and also the Senator to low-income students that need these sense, given renewed life to this legis- from Maine on this particular issue. I resources to go on to college. lation, I want the opportunity, with know that the Senator from Rhode Is- Now, if we are talking about provid- my colleagues, to ensure that we con- land is someone who has been on the ing more opportunities for Americans tinue this program as a need-based pro- education committees, not only in the to be scientists, to be engineers, to do gram and not at this moment, for con- Senate but also in the House of Rep- all the things that we want them to do venience, for an attempt to respond to resentatives, and is someone with a and not have to rely upon foreign na- a legitimate concern about training number of years of experience with this tionals coming into our country, SSIG high-tech personnel, to distort the pur- important issue. The Senator from is the wrong place to start. We should pose, the goals, and the future of SSIG. Rhode Island has spent a lot of time in be starting in the elementary and sec- I think, working together with my developing an understanding of this ondary schools. We should be recogniz- colleagues, we can maintain the integ- particular program and how it works in ing that in many of our schools, par- rity of SSIG and we can also, using the the States. He has also found how it ticularly low-income urban schools Higher Education Act, strengthen it, can best be targeted in ways that offer with high minority enrollments, 50 per- reform it, and make it adaptable and the best opportunity for needy stu- cent of those students are likely to make it accessible to a new generation dents, giving focus in areas of impor- have a science or math teacher who of American students. tant need—math and science and other never concentrated on science or math I have had the opportunity to work skills. So, we will continue to work in college. And that is one reason we with Senator ABRAHAM. We have, I with him. We appreciate his leadership are not developing, here in the United think, mutual appreciation of the need and the leadership of the Senator from States, those skills necessary for this for SSIG. I hope, working with him Maine in this area. May 18, 1998 CONGRESSIONAL RECORD — SENATE S4981 We have been trying to work to as- sumption. So, we said, in that bill in need $500,000, you don’t need $1 million, sure that Americans are going to de- 1989, we will reserve 4,800 visas for for- you only need $100,000.’’ We have gone velop the skills to be able to compete eigners who wants to come into this from $1 million to $500,000 to $100,000. in these areas. This is really a com- Nation and bring $1 million and hire 10 We have gone from creating jobs to bination of both the education and people: We will give you a green card at maintaining jobs to indirectly provid- training aspects that Senator DEWINE, the end of 2 years, and, at the end of an ing jobs. It is incredible what has hap- Senator REED, and Senator COLLINS additional 3 years, we will make you a pened to this program. have been working on, as well as the citizen of the United States. How do they get by with this? These Senator from Michigan. And that is a Then in the conference committee we consultants form limited partnerships. reflection of the good faith of the Sen- decided we could do even better than They get several of these people who ator from Michigan on it. that. We said: You don’t have to bring have $100,000 and they pool all those So I appreciate his willingness of the $1 million dollars; bring $500,000. If you $100,000 contributions from various peo- Senator from Rhode Island, at this put a hamburger joint up that will hire ple. time, to continue to work with us. We 10 people in an area of high unemploy- What about the $500,000 requirement? give the Senator the assurance we will ment or in a rural area, we will do the How are you going to put up $100,000 continue to work very closely with same thing for you. We cut the price of and meet that? Easy. You give a prom- him, and with the Senator from Maine, citizenship from $1 million to $500,000 issory note for $400,000. You give as we move on into the conference. But and the 4,800 slots that we reserved in $100,000 in cash—incidentally, there is a I appreciate his cooperation and lead- the Senate bill increased to 10,000 in little matter of a $35,000 to $50,000 fee ership on this issue. the conference report. that goes to the consultant. So if you come, you ought to have $150,000 in AMENDMENT NO. 2416 Multiply $1 million by 10,000 visas and just think of all the magnificent your pocket, $50,000 for the consultant (Purpose: To repeal the Immigrant Investor and $100,000 to show your good faith, Program) investment we would have in this coun- and then be willing to sign a note for The PRESIDING OFFICER. The Sen- try and how many jobs we would cre- $400,000. But not to worry. At the end ator from Arkansas is recognized, ate. of 2 years, your note is forgiven. Forget under the previous order. Madam President, that ‘‘ain’t’’ all. the $400,000 note. If you are in the $1 Mr. BUMPERS. Madam President, I We said not only will you not really million class, forget the $900,000 note. send an amendment to the desk and have to create 10 jobs with your $500,000 or your $1 million, you only have to And if, at the end of 2 years, the busi- ask for its immediate consideration. ness has not done well, shut it down. The PRESIDING OFFICER. The maintain 10 jobs. What does that mean? If old Joe’s hamburger joint is When you shut it down, you can go clerk will report. down to the courthouse and apply for The legislative clerk read as follows: about to go out of business and he has your citizenship 3 years later. You do The Senator from Arkansas [Mr. BUMP- 10 employees and you are willing to buy his place and keep those 10 em- not have to maintain the business for ERS], proposes an amendment numbered 2416. the ensuing 3 years to get your citizen- Mr. BUMPERS. Madam President, I ployees working, you have maintained 10 jobs, so you qualify for American ship. Shut that sucker down after 2 ask unanimous consent that reading of years; it has probably been a loser any- the amendment be dispensed with. citizenship. Then in 1993 we decided we would lib- way. The PRESIDING OFFICER. Without eralize it a little further. Not only do Madam President, Russell Burgoise objection, it is so ordered. was quoted in an April 13, 1998 New The amendment is as follows: you not have to create 10 jobs, not only do you not have to maintain 10 jobs, all York Times article. He is a spokesman At the end of the bill add the following: for the Immigration Service. He said: ‘‘SEC. ——. REPEAL OF IMMIGRANT INVESTOR you have to do is indirectly provide 10 jobs if you invest in businesses located ‘‘These plans don’t meet either the PROGRAM. spirit or the letter of the law.’’ in certain areas known as Regional ‘‘Section 203(b)(5) of the Immigration and Recently, when the INS sought to re- Nationality Act, as amended, (8 U.S.C. Centers . What does that mean? You voke up to 5,000 visas, the New York 1153(b)(5)) shall be repealed effective on the are making widgets. You employ five date of enactment of this Act.’’ Times in the same article said ‘‘influ- people to make widgets. You have two ential Members of Congress protested The PRESIDING OFFICER. The Sen- people to distribute them and three the Government was changing rules in ator will be advised that there are 90 people to sell them. Those are indi- midstream,’’ and the INS backed off. minutes equally divided under the time rectly created jobs. Therefore, you get Late in 1997, the Times of Oman, not agreement. your green card at the end of 2 years, a widely read paper in Washington, The Senator from Arkansas. and you get your citizenship papers at contained an advertisement which said: Mr. BUMPERS. I thank the Chair for the end of 5 years. ‘‘U.S. green card for anyone who can reminding me. I can remember at that time how we show U.S. $500,000.’’ Madam President, this amendment thought Hong Kong was going to flood They ought to be prosecuted for mis- repeals a provision in the immigration this Nation with people with $1 million leading advertising. It doesn’t take laws that was a tragic mistake when it in their pocket because they were ter- $500,000, just $100,000 would do fine if was enacted. My amendment to strike rified of the Chinese taking over Hong you know the right consultant in this that provision deals with economics, it Kong. I must say, the program, such as country. deals with patriotism, it deals with im- it is, has been mostly of people from It is an interesting thing that it took migration, and it deals with fraud. In the Pacific rim—Hong Kong, Korea, these consultants and these limited order for my colleagues to understand Taiwan. partnerships to figure out how to get precisely what we are talking about, Madam President, do you know the the program going. Until the latter let me set the stage. I fought this bat- nice thing about this? If you have part of 1996, the investor visa program tle in 1989 and, at the expense of sound- $500,000 to invest, bring the little wife had been an even worse disaster than ing a little self-serving, lost, but pre- and kids, too, you are all welcome. its worst critics—namely me—had pre- dicted what has happened would hap- They are also going to ultimately be dicted. Nobody was showing much in- pen. entitled to citizenship. terest. The immigration bill considered by What have been the results? Madam In 1992, 280 people applied, 240 were the Senate in 1989 included a provision President, a cottage industry of con- approved. In 1993, 384; 1994, 407; 1995, of the bill to increase investment be- sultants and limited partnerships has 291; 1996, 616; in 1997, 1,110. The consult- cause we were headed into a recession. grown up in this Nation. No plan the ants are getting geared up now. It is We decided we would take a page out of U.S. Congress has ever devised has been still a far cry from the 10,000 slots the play books of Canada and Aus- scam-proof, and God knows this one is available, but in 1997, 1,110 petitions tralia. We thought, if they can sell citi- no exception. What do these consult- were approved. But over the last 7 zenship for $200,000, citizenship in the ants do? Why, they advertise in the years, only 3,284 have been approved. United States ought to be worth at newspapers in Hong Kong, in Oman, in So, despite the fact that the program least $1 million. It is a very logical as- Taiwan, and they say, ‘‘You don’t even has been weakened unbelievably to S4982 CONGRESSIONAL RECORD — SENATE May 18, 1998 make almost anybody eligible for it, erwise. We have a labor shortage of so- to understand. Everybody knows pre- nobody much has been applying. Out of called skilled workers. At least, that is cisely what I am talking about. 7 years, we only got 3,000-plus, and we the proposition. I do not believe it, and Finally, Madam President—and I am are supposed to be doing 10,000 each I am not going to vote for the bill. I reluctant to say this because I am not year. will announce that right now. one who has stood on the floor of the AIS, one of the consulting organiza- This country, incidentally, as great U.S. Senate and waved the flag and tions I mentioned a moment ago, spe- as we are, to be depending on the rest beat my chest and talked about what a cializes, as I said, in pooling investors of the world to send us their skilled great patriot I am. I put in 3 years in to bankroll larger products. workers so we can stay afloat in the the Marine Corps in World War II, for a Now you should know that a lot of computer industry, or whatever, is the very simple reason—we were in a war people invest their $100,000 not to be- height of something or other. If we where the absolute freedom of this Na- come American citizens; they come have a $50 billion surplus looming this tion was at stake. Not even a second here because they want to purchase year, for Pete’s sake, let us educate our thought about it. And 25, 30 other mil- citizenship for their children and edu- youngsters so we do not have to depend lion men and women did the same cate them here. Or they come here for on anybody else for these skills. That thing. any host of other reasons. Maybe they should not be too difficult. I have voted against constitutional are actually coming with their family. But here we are saying we want to in- amendments on flag burning. Nobody is That would be a fairly laudable pur- vite an additional 35,000 laborers into more deeply offended than I am to see pose. But they do not come because this country because we have a labor an American flag burn. There are ways they want citizenship. And a lot of peo- shortage, and at the same time saying, to deal with it. But you do not need to ple will freely tell you the reason they ‘‘If you will give us $100,000 or tinker with the Bill of Rights for the did not want to be citizens of the $500,000’’—whichever the case may be— first time in more than 200 years. United States is because they will have ‘‘and hire 10 people, we’ll give you citi- I still get goose bumps at a military to pay taxes. They have to pay taxes on zenship.’’ parade when Old Glory goes by. And I all of their income all over the world There is an outfit in West Virginia am offended by a law which puts Amer- wherever it may come from. They are called InterBank, and they want to cre- ican citizenship up for bid by either the not about to do that. They only have to ate a telemarketing business. While wealthy or those willing to participate come here twice a year to keep their the deal has not been approved yet, the in a fraud. eligibility for the green card. wages will be $6 an hour. I have not How crassly we demean this precious AIS has advertised ‘‘Alternate resi- seen a McDonald’s in I don’t know how blessing we call citizenship. Emma dency: Less restrictive and expensive long that didn’t have a sign in the win- Lazarus who wrote those magnificent than other plans in other countries.’’ dow saying, ‘‘Help wanted. Pay up to $6 words in the Statue of Liberty about, You are not becoming a citizen of the an hour.’’ We are desperate for workers ‘‘Give us your poor, your tired, your United States. You do not have to love at all levels in this country, and here huddled masses,’’ Emma Lazarus must the flag. You do not have to say the we are asking people to put up money be whirling in her grave to even hear Pledge of Allegiance. You do not have and come into this country and hire such a debate as this going on. The to fight our wars. You do not have to workers. How silly can we get? Even if families of the people whose sons and be any particular age. You do not have it were not rife with fraud, even if it daughters fought those wars for citi- to have any specialized education. You were not shameless to be selling Amer- zenship and freedom—and the families do not have to have any experience. ican citizenship, it makes no economic of those who died, and they did it be- You do not have to know the language. sense. It is an oxymoron to vote at the cause they valued citizenship so high- All you need is ‘‘green.’’ You do not same time to bring 95,000 workers in ly—must be weeping at the thought of have to know anything about the poor and ask somebody else to come in and citizenship being sold to the highest and huddled masses that Emma Laza- hire more workers. bidder. It is vulgar. How we champion rus wrote about. Every time Alan Greenspan appears citizenship that we once prized so high- Madam President, this program is so on a television station, every time he ly. rife with fraud. In some instances, you appears before the Banking Commit- Madam President, these people are can get your entire $500,000 back. If you tee, every time he appears before the not the poor. They are not the huddled invest $500,000 or $1 million, there are Joint Economic Committee, Wall masses who were our ancestors and some plans under which you can get it Street and all of America holds its who came here for freedom to contrib- all back and still get your citizenship. breath for fear he is going to announce ute their labor and their values to live, Harold Ezell, a former INS regional an increase in interest rates. And why live free, and to raise their families immigration commissioner—now a are they afraid he is going to raise in- and die here, even in battle, if need be. lawyer in Newport Beach, CA—this is a terest rates? Because they have a labor These people who we welcome for $1 former INS official’s quote. What did shortage. In Economic 101 at the Uni- million are coming twice a year be- he say about Congress, about this bill? versity of Arkansas, I was taught—and cause that is the only way they can ‘‘They were smoking something when it is still a fundamental economic prin- keep their green card. They don’t want they wrote it.’’ ‘‘We’ve shot ourselves ciple—that when you have a labor citizenship because that would require in the foot.’’ Another attorney said, shortage, you have to pay more for them to pay taxes. ‘‘You know, since we’re blatantly solic- labor. You think McDonald’s is paying What in the name of God has hap- iting the wealthy, we might ought to $6 an hour because they want to see pened to this place? charge $2 million.’’ how far they can exceed the minimum I yield the floor. Madam President, the investor visa wage? They are paying $6 an hour be- The PRESIDING OFFICER. The Sen- program makes no economic sense ei- cause they cannot find workers for any ator from West Virginia. Who yields ther. The underlying bill we are debat- less than that. That is still a pitiful time? ing today would raise the cap on the wage, but be that as it may, I am not Mr. ABRAHAM. I yield the Senator number of workers who will come into here to debate that. from West Virginia such time as he this country who have skills, prin- What I am saying is, everybody is may need to speak in opposition to the cipally for the computer industry. scared to death that this labor short- amendment by the Senator from Ar- The Senator from Michigan, who is age is going to kick wages up, that in kansas. handling this bill on the floor, wants to turn is going to create inflation, and Mr. ROCKEFELLER. Madam Presi- raise the annual limit on people com- inflation is going to cause Alan Green- dent, I am grateful to my friend from ing into this country from 60,000 to span to raise interest rates, and raising the State of Michigan. 95,000. Now, you think about the incon- interest rates is going to bring the I start out by disputing any thought gruity of raising the level of people we longest sustained period of economic by the senior Senator from Arkansas invite into this country because they prosperity in the United States to a that the words ‘‘patriotism’’ and have a skill and because we have a grinding halt. These are not things ‘‘Bumpers’’ don’t go side by side—I labor shortage. We would not do it oth- that you have to be a rocket scientist know the Senator himself knows that May 18, 1998 CONGRESSIONAL RECORD — SENATE S4983 to be true—in his service in the Marine I am old fashioned about it, but the makes a tremendous difference in Corps, his service in this body, the reason that I stayed in West Virginia southern West Virginia and in other things he has been through over the as a VISTA volunteer, more than any- parts of West Virginia where people do years. He is a patriot. He is a mar- thing I wanted to see people go to not have work, where people remember velous man. work. I think my friend from Arkansas having had work because of coal min- He happens, however, to be mar- understands that. I think he under- ing or remember when they had an op- velously wrong on the amendment that stands it very well. What I found was portunity for work, but they were re- he puts forward, which in spite of the there were just certain blocks, certain jected for work. Now they realize that larger framework of the immigration ways, certain impediments that nature they could get into these programs and bill, is a very specific and very targeted put up which just didn’t allow some of get trained because InterBank is going amendment which would do enormous our good people to be able to go to to put a lot of money into training peo- damage to what we are trying to do in work by accident of their birth or by ple, West Virginia people, and I assume areas of my State that need this pro- the fact they were so close to their people in other parts of the country, gram desperately, and which do enor- families that they didn’t leave and go other industries like them in other mous damage to some of the things to other places like so many others had parts of the country. that I and others I work with—Gov- done from Appalachia. So they stayed We are talking about $7 or $8 an hour. ernor Underwood and others—are try- and they can’t work and they want to I don’t ridicule that. And I don’t ridi- ing to do in the State of West Virginia. work, and they want so badly to work cule it because it is a company that I refer to the attempt to eliminate the but there is no work. So that is how I has benefits particularly when it is a EB5, the immigrant Investor Program. came to know what the EB5 Immigrant company that provides health benefits, I didn’t say that with an abundance of Investor Program is. which is something I care about as fluency, and there is a reason for that. ‘‘Give us your poor,’’ the Senator much as anybody on this planet, and It is not one of the things that trips off from Arkansas said. Well, our income they are included. My people will get your lips. I confess that it was not and our population is increasing, I am them or my people will not get them, until relatively recently, in the last happy to say, in West Virginia at a depending, and it is true for all the rest several years, that I, indeed, learned of the people in this country who inter- what it was at all because we had not very healthy rate. Things are being act with this program as to whether had experience. done right there. People have caught Let me give a little context. I was the flavor of it and there is a sense of this amendment passes or fails, which Governor of the State of West Virginia optimism which I haven’t seen there in is why I hope so much that it fails. Yes, it is true there has been some for 8 years and I was always very frus- 20 or 30 years. trated, and I say to my fellow Governor But I learned about this program abuse, and the Senator, I believe, from the State of Arkansas, of all of that the Senator wants to eliminate in quoted the New York Times. I don’t the money that was discretionary to this amendment. It is just a little necessarily think because something is the Governor during the 8 years that thing down here. It says, ‘‘Repeal. . . in the New York Times and it is print- this Senator was Governor, I spent 75 Section 203(b)(5),’’ et cetera—one sen- ed, it defines what national policy is to percent of it on water and sewer, which tence which nobody can understand, be, but I read it every day and I respect of course is invisible and never seen. but I know exactly what it does. It it very much, and there was an article And I put more per capita in one of our would eliminate everything that I am saying there had been some abuse. poorest counties in southern West Vir- talking about, just eliminate it. It There have been 30 or 40 articles talk- ginia called McDowell County, which would be gone. ing about the abuse in Medicare and I used to be referred to as the $1 billion I learned about this program because don’t hear anybody talking of getting coal field, and now is mostly worked of a company called InterBank. It is a rid of Medicare, because HCFA is try- out and people have left. Even when I merchant banking company. They run ing to crack down. There is, I am sure, came to West Virginia as a VISTA vol- a program which is called Invest in abuse in the farmers assistance pro- unteer in 1964, I say to the Senator, America. Nothing wrong that I can see grams which help the Senator and the there were tens of thousands of people in that, especially because in this pro- people he represents from Arkansas, in McDowell County, the Senator gram InterBank has pooled millions of which don’t do our people any good at would remember. Now there are about dollars in foreign investments, millions all in West Virginia. a handful. of dollars to establish new operations All I am saying is that there is al- I felt that I had not come through in teleservicing—telemarketing some ways abuse in Federal programs, but it properly in spite of efforts for call it; I call it teleservices—in exactly is usually a little bit. In the case of the McDowell County, for Wyoming Coun- the kind of areas in West Virginia I INS, I have talked with Doris Meissner ty, for Mercer County, for southern was talking about. about the problem of abuse and about West Virginia, for people who had bro- I was in Welch, WV, in McDowell these programs. She has put our Inter- ken their backs and given their lives, County on a freezing-cold day when Bank program on hold, in fact, even many of them, and who walk around, they announced they were going to cre- though they have done nothing wrong, some of them carrying oxygen tanks. ate 400 new jobs. The next day they had because they have the FBI and the INS For some it is a 10-minute walk from 1,500 applicants from that county; the who looks into this, and the State De- one side of a room to another side to word traveled so fast. This was consid- partment looks into it. They have a adjust the television and back because ered the best news that had ever hap- total of five separate reviews that are of something called black lung or be- pened to that county. And now they involved in this. The INS is not only cause of diseases they have accumu- are looking at others. They are look- taking steps to correct whatever abuse lated by virtue of being coal miners. ing, in fact, at putting, 10, 12, 15,000 that may exist, but they are so ada- These are the areas I am talking jobs across the State of West Virginia mant about it that they are taking about. There are other areas in West in precisely the kinds of places where those programs where there are no Virginia and the State of Arkansas and nobody else will go to invest, and they problems and making them wait until in the State of Massachusetts and in want to do it in telemarketing, or tele- they have a chance to look at the en- the State of Michigan and in the State servicing as I prefer to call it. West tire thing. I pleaded with Doris Meiss- of Maine, all of our States, where peo- Virginia is important in that we are ner to approve this program, which had ple just don’t have the opportunity to wired very well in terms of fiber optics, no deficiencies, and she said, ‘‘I can’t have jobs because they live in rural so it is a superb place for them to do do it. We have to put it near the end of areas. It might be a worked-out coal that. the line so we can review all of these mining area which is called rural, or it It is like with the telephone system. programs to make sure there is no might be an area which is mostly trees If you are in Washington, DC, and you fraud and abuse, and where there is, we which would be called rural, but it is call information, you are talking to can get rid of it.’’ rural and jobs don’t tend to go there. somebody in West Virginia. Where you Now, is the idea that somebody People don’t tend to build the inter- live, where you reside doesn’t make would be able to bring some money states over there. that much difference anymore. But it into the United States to put a West S4984 CONGRESSIONAL RECORD — SENATE May 18, 1998 Virginian, or a Washingtonian, or Ore- as my encyclopedic memory comes known jobs. When they have had a gonian, or somebody from Maine, Ver- flashing before me like a billboard here chance to get those jobs, there is a 1- mont, or Wisconsin, to work, that they in the Senate. As I told the Senator, on percent turnover, or less, and absentee- would bring in some money and they that particular bill, I felt I voted wrong ism is 1 percent or less per year. They would be given a period of a couple of and I have told him since then that I work. years for review and, after the review, should have voted against him. In re- We had AT&T close down a plant em- which is a three-agency review, they be flection, I think my vote at that time ploying 450 people in Charleston, WV, allowed to stay because they have was based on too much of a knee-jerk the capital of our State. After the brought money, which is then pooled, theory on the idea that somehow it was workers got their pink slips, I say to which puts people to work in areas wrong, when, in fact, it was exactly, I the Senator from Arkansas, saying where nobody else will put them to think, the right thing to do. The case they were fired, and it had been an- work, is there something wrong with didn’t seem to be as strongly made at nounced in the press, just against hope, that? I certainly don’t see it. that point. If the Senator would put I guess, they worked harder, their pro- If it is helping my people in southern that forward again, I would vote ductivity went up after they got their West Virginia, or from the State of against it in a flash. pink slips. And they kept the plant Maine, where there is so much of the Mr. BUMPERS. Would the Senator open. population located in one section—and answer one additional question? First I don’t mean to filibuster the Sen- I am sure some industry will not go of all, I come from a poor State, too. In ator’s question because it was an hon- into the interior section because the Arkansas, our teachers’ salaries are orable question. infrastructure isn’t there, but they 45th in the Nation. I don’t know where Mr. BUMPERS. I had a question. I might with innovative thinking such we are economically; it’s in that vicin- wanted the Senator to give me a full as InterBank has put forward. ity. I relate to the poverty you have and complete answer according to his So I think eliminating a program, described in southern West Virginia. beliefs. just wiping it out for the idea of some- Yet, I have to say I believe that if I Let me make one other observation. how being able to say I am against could communicate the remarks I The other day, the Appropriations Sub- waste, fraud, and abuse and I am going made a moment ago in offering this committee on HUD–VA very graciously to have none of it, when one knows amendment to the people of my State— invited me over to question Dan there may be, as in Medicare—I repeat, and there are plenty of areas in the Goldin, who is, as the Senator knows, there is waste, fraud, and abuse in Mississippi Delta where we are des- the Administrator of NASA. And, as Medicare, and the Health Care Financ- perate for jobs, and this may be a gross the Senator knows, I am opposed to the ing Administration which is going exaggeration—I believe 90 percent of space station. I know the Senator is crazy trying to cure that abuse, most the people of my State would agree strongly in favor of the space station. of which comes from the private sector. that it is wrong to be selling citizen- But I asked Mr. Goldin about the $6.8 Here, INS is doing the same thing. ship like this. They might be willing to billion overrun that has just been an- They admit it is a good program, but accept tax credits to attract foreign in- nounced. It has not been built. It is not they admit they cannot have a pro- vestment. They might be willing to do deployed and operating. It is a 43-per- gram that has any abuse at all in it. So all kinds of things that you and I did as cent cost overrun. I said, ‘‘Mr. Goldin, they are stopping everything until Governor to try to attract industry is there any threshold beyond which they have a chance to review it. into our States. But I believe that peo- you would not be willing to go to build Yes, we need to take steps to prevent ple in my State would take a very dim the space station?’’ He said he had not abuses in this or any other program— view if they knew, No. 1, the amount of thought about it. INS, Medicare, crop subsidies, or any fraud that has now been uncovered in If somebody asked me desperately, other thing that involves the U.S. tax- the program; and, No. 2, the fact that ‘‘We want jobs in Arkansas’’—and as payers’ money—but to eliminate a pro- we are selling citizenship in exchange much as I want to do something about gram that holds out more for the peo- for a few bucks from some of the the delta area of my State, there is a ple of my State in terms of areas where wealthy people in other countries just threshold beyond which I would not be people have had a hard time getting to come here and get citizenship. Don’t willing to cross. That would be to sell jobs, all of a sudden having a $7- or $8- you think there is something a little citizenship to a bunch of takers and per-hour job with health benefits, I crass about that? not givers. can’t imagine doing such a thing. Mr. ROCKEFELLER. I say to the Mr. ROCKEFELLER. This is not a I passionately urge my colleagues to Senator from Arkansas, what strikes matter of selling citizenship, I repeat. I defeat the amendment of the Senator, me as utterly crass is the thought that want to be able to explain that. It is my friend from Arkansas. for the words the Senator used, that I not a matter of selling citizenship. I thank the Senator from Michigan, would then take away or deny the op- You come in, and then for $500,000, if and I yield the floor. portunity for the people that I love so you can produce 10 jobs for West Vir- Mr. BUMPERS addressed the Chair. much in my State, that you love so ginia, for Americans, if you can do The PRESIDING OFFICER. The Sen- much in your State in the delta area, that, then after a period of 2 years of ator from Arkansas. or wherever it may be, from having that activity, then by three different Mr. BUMPERS. Before the Senator jobs when they have never been able to agencies with an analysis from those leaves, let me say how much I appre- have jobs before. agencies, which is extremely tough, if ciate his very kind and complimentary Let me tell you something very plain you then pass muster, then you can be- remarks in his opening statement, and and clear. Arkansas, Mississippi, Lou- come a citizen, but not before. to say that I value his friendship very isiana, and West Virginia have statis- If you would ask if I would turn down highly. He and I have been close friends tically bound themselves together on somebody from England, or if I would for many years. We were both Gov- the bottom of the charts for a long turn down somebody from somewhere ernors and we relate in that way. His time. I am absolutely, flat-out sick of else, and I worked for 10 years to get uncle used to be Governor of my State. it. There are not many principles that the Toyota Motor Company to come to I must say to the Senator from West will get me over the fact that I am sick West Virginia—10 years, and they Virginia that I wonder what has hap- of seeing my people not being able to came, do I feel that somehow—I am pened since 1989 when he voted with me work when my people—if you are a just making a point—that because the on precisely the same amendment, and West Virginian and you go down to person comes from Japan, or because his vote now after the INS says we North Carolina and apply for a job, and they come from Taiwan, or because must have been smoking something they ask—and this is true—‘‘Where do they come from some other place and when we passed the bill in the first you come from?’’ and you say, ‘‘West they have some money and they want place? Virginia,’’ you are hired because of the to come to this country, which is what Mr. ROCKEFELLER. If I may an- work ethic, because these people have the Statue of Liberty is all about, and swer, as the Senator well knows, the known jobs. There has been a tradition they are willing to put 10 Americans to amendment he referred to was in 1989, in parts of our State where people have work and those 10 Americans turn out May 18, 1998 CONGRESSIONAL RECORD — SENATE S4985 to be 10 West Virginians in the case of Although the InterBank program is only much populated by people who came InterBank, and other companies that available to foreign nationals California’s from other countries, including my are interested in West Virginia in a Commissioner of Corporations was unaware own family, and including the Sen- of the program and assumed that the ad was like manner, I would say bring them an offer for the sale of securities in Califor- ator’s, at some point. That is what is on. nia to Americans. Since that time the mat- great about this country. If in that Mr. BUMPERS. Here is a quote. It ter has been completely settled, and Inter- process we create jobs for people who says, ‘‘The immigrant investor pro- Bank is seeking to have the order lifted. in the 34 years that I have been in West gram was created 8 years ago. It al- Mr. BUMPERS. Let me just say to Virginia have never held a job before lowed foreigners to put up $500,000 to the Senator from West Virginia that and it brings with it health benefits, create 10 jobs.’’ there isn’t a Senator in the U.S. Senate then don’t expect me to stand in its Mr. ROCKEFELLER. The Senator for whom I have greater respect and way. says ‘‘foreigners,’’ people who are not hopefully a warmer friendship and Mr. BUMPERS. We are all indebted from this country. whose opinions I value highly. I tell to your great-great-grandfather who Mr. BUMPERS. I am quoting a news- you, I have been in that position many, immigrated to this country. We are in- paper article. many times where I simply disagreed debted to him for coming because he I will answer the next question. This with somebody who couldn’t under- wanted to be free; he wanted to live is an op-ed piece in a West Virginia stand why I disagreed with them. And and die here; he wanted to raise his newspaper. the Senator is a great champion for the family here. Yesterday the United States was selling people of West Virginia. The jobs situa- These people do not even come to the citizenship. The program was supposed to tion in West Virginia is paramount to United States. They live in Hong Kong spur job creation. The investors have the him, more than almost anything else and they send their money. money to spend, and the benefits are worth in that State; that is, trying to im- I yield the floor and reserve the re- it to them. Is it fair to open a door to citi- mainder of my time. zenship but let only the rich pass through? prove the quality of life for people. I Of course not. But that is what is done. Now certainly would not ever suggest any- Mr. KENNEDY addressed the Chair. there are new problems. Years after the pro- thing to the contrary. It is just that I The PRESIDING OFFICER (Mr. gram was established companies began would be willing to provide jobs for the GRAMS). The Senator from Massachu- springing up to pool investments and people people of West Virginia by attracting setts. seeking those visa. A Virginia firm called foreign investments with tax credits Mr. KENNEDY. How much time do the InterBank Group plans to use some of and anything under the shining sun, we have on the Bumpers amendment? that capital to build two telemarketing cen- except offering them citizenship. There The PRESIDING OFFICER. The Sen- ters in southern West Virginia.’’ is just something crass about that that ator from Arkansas has 13 minutes 27 That is what the Senator alluded to really hits me right here. That is the seconds. The Senator from Massachu- in his comments. only difference we have. setts has 22 minutes 30 seconds. They say: Mr. ROCKEFELLER. No; the only Mr. KENNEDY. I have listened to the The InterBank ran into trouble in Califor- difference we have is maybe broader debate on this issue. It has been an im- nia where the Department of Corporations in than that, because I take it philosophi- portant and illuminating debate. We March indicated that the company was lur- cally. I grew up in a very lucky fash- are really talking, as I understand it— ing investors who had no way of knowing and I am going to ask the Senator from that their investment would qualify them for ion, unlike the Senator from Arkansas. a visa. InterBank says it was all a misunder- Sometimes in private we joke about West Virginia a question about this— standing and is being worked out. Mean- that, and we have a good laugh about we are talking about approximately while, INS is reexamining the foreign in- it. 1,000, maybe 1,500 visas or green cards a vestment deal, including InterBank, But my great-great-grandfather came year. We issue about 900,000 green cards and hoping to set up stricter rules. from somewhere in Germany. Nobody annually, and with the investor visa, InterBank maintains its deal should really knows what he was doing. And we are talking about a very small pro- pass muster and is going ahead with the he came to this country because he gram by comparison. There is a prin- telemarketing centers. But the money wanted to be able to do something bet- ciple involved and I have heard the is tied up until INS makes a call. That ter, to have a better life. I find nothing Senator from Arkansas. But it actually the visa program has run into trouble wrong with that. I thought that, again, is a very, very modest program. It was shouldn’t be a shock to anyone. It is was what the Statue of Liberty was all developed at a time when we had high- just too tempting with all of that about. My family has done well. Other er unemployment than we do at the money, and all of those communities families have done well. People not present time. It was a recognition that are grateful for any investment. only do well in this country, they do in many of these areas of unemploy- Mr. ROCKEFELLER. May I answer well in other countries. Often people ment we were trying to devise as many the Senator? who do well in other countries want to different kinds of ways to bring jobs Mr. BUMPERS. Certainly. come to the United States either for into those areas as possible. Mr. ROCKEFELLER. Let me answer their own professional purposes or be- But I ask the Senator from West Vir- the Senator specifically, returning to cause they feel they can use the money ginia if he would not agree with me what he has read. The reference to which they have earned in other coun- that the immigration policy is a policy InterBank was not accurate. tries to better affect this country. That which is basically to benefit the United Yes; a desist and refrain order was is one reason why people are investing. States? That is overarching and a gen- issued against the bank because it was Is it wrong for foreigners to buy in the eralization, I know. But our overall im- thought that InterBank was selling se- stock market? No. They are. It is one migration policy includes a number of curities to Americans in California. of the reasons they are doing so well; different features. I hope my colleagues are listening, we are a good deal. We have the reunification of families. because this is important, because the What I am saying is, positively the That has a very high priority. Senator is attempting to put me on the Senator was wrong in his previous We have provisions in our immigra- defensive, and therefore his amend- question about California, that the tion laws for 140,000 skilled workers. ment, which I strongly oppose, seems commissioner of corporations was to- Most of our major hockey league play- to have more weight. But the Senator tally unaware of this program. What I ers are players from other countries. is wrong in his criticism, because he am saying is that allowing people to They come over here, play hockey, get has read the New York Times with too pool money to put West Virginians, or citizenship, and make a lot of money. much faith. Kansans, or others to work is a prin- We have artists who come in here and The issue began from an ad in fact that ciple which is no less evil than allow- appear on our stages and they make a InterBank ran in a Japanese language maga- ing 17 people from Boston or 13 people lot of money. They have money when zine. This magazine was translated into from Magnolia, AR, to pool funds and they come in here, and they make a lot English and had some circulation in Califor- put people to work in those two States. of money, but we feel they add to the nia Citizens of the world want to come to theater or to sports, so we let them in. which is understandable. this country. That is why we are so We have artists who come over here S4986 CONGRESSIONAL RECORD — SENATE May 18, 1998 who are wealthy and have particular bate. There are important differences this country. What is the Senator’s talents and settle here, get green cards in this body on that issue. But it has source for that information? and become citizens. But we believe been families. Mr. KENNEDY. If the Senator will they add to the country, too, so we let We have also cut back on low-skilled yield for that, you have to come in in them in. workers which we did not do 20 years order to qualify for it. We are, as I understand it, not a na- ago, and the reason why? Because we Mr. BUMPERS. I do not know where tion that just is taking in the dispos- find that they are a depression factor the bill says that. Could the Senator sessed, although we have an important on wages for American workers in quote that for me in the bill? tradition for that. As I look at immi- entry-level jobs. Interesting. That was Mr. KENNEDY. It is self-evident in gration, the way that it actually works not a factor years and years ago. But it the application of the green card. You —a matter which we have been debat- is now. It is now. That is why there has cannot get the green card unless you ing here—I believe we ought to give been some alteration and change. come here. That is the provision. It is Americans the first crack at these jobs So I just wondered whether the Sen- self-evident because that is what the under the temporary worker program, ator from West Virginia agrees with Senator is complaining about—they which we can certainly do. But if we me that we have in our immigration are coming over here and getting the are talking about Andrew Lloyd policy a variety of different features. green card. Webber coming over here, he gets in There are some features of it I disagree Mr. BUMPERS. That is right. They here. He has not waited 2 years, 3 years with and we have debated some in the get the green card at the end of 2 years. to get in. He comes on in as fast as the last bill which came through this body, Mr. KENNEDY. That is exactly cor- Concorde can bring him. You can say, which I opposed for various other rea- rect. ‘‘Well, that is unfair. That is unfair. sons, not important here today. Mr. BUMPERS. But they don’t have Why are we going to take Lloyd In creating the investor visa, jobs to be here for that first 2 years to get Webber? Why is he jumping over all were important. And that was the bal- it. And there is nothing in the law that these other people who want to come ance that was made—to permit the visa requires them to be here. here?’’ But we still believe he is excep- if it created jobs. It has been a very Mr. KENNEDY. The statute says pri- tional and adds something to our na- modest program and all of us hope that mary residence. tion. it can be strengthened. Mr. BUMPERS. Primary residence in These are all balances, though the But I would ask my colleague wheth- Hong Kong or the Senator is saying the Senator may not agree with me. What er he does not agree in the total lexi- United States is the primary residence? we did in creating the investor visa was con of consideration of the immigra- Mr. KENNEDY. In the United States, very modest. No one quite understood tion policy we shouldn’t at least be or they lose their immigration status. it, because we had never done it before. able to consider the feature of national It says the U.S. must be the primary But it was an effort to try to get some need. residence in the legislation. jobs in underserved areas. We had seen Mr. ROCKEFELLER. I say to my Mr. ROCKEFELLER. If the Senator that the idea of an investor visa had friend from Massachusetts that I cer- from Arkansas would yield for this been utilized in other countries with a tainly do agree with the variety of the statement. The statement we got is modest amount of success—not great application he describes. And I would from the official documents, in fact, success but a modest amount. But we also say to my friend from Massachu- sent from West Virginia by InterBank said that in our law, immigrant inves- setts the final words of the Senator in which they declare that the major- tors must also create jobs because jobs from Arkansas, Mr. BUMPERS, before ity of their people are coming here to are needed in West Virginia, needed in sitting down were oh, no, these are all live, to bring their families and to raise Roxbury, MA, needed in Lawrence, MA, people who are living in Hong Kong, their families. and needed in southeastern Massachu- which is an odd statement to make. Mr. BUMPERS addressed the Chair. setts. But I want my colleagues to pay very, The PRESIDING OFFICER. The Sen- Maybe this hasn’t worked as well as very close attention when I say that ator from Arkansas. many of us would like, but nonetheless the majority of the people involved in Mr. BUMPERS. Mr. President, how in some areas, in my own State in this program are coming to this coun- much time does the Senator from Ar- some areas, there has been some posi- try, are bringing their families to this kansas have remaining? tive development. Sure, it is 10 jobs per country, want to settle in this country, The PRESIDING OFFICER. The Sen- investor. Sure, I would like them to be want to educate their children in this ator from Arkansas has 11 minutes 45 better jobs than some of the investors country. They are not doing this from seconds. have created, but there have been jobs long distance like it is totally legal for Mr. BUMPERS. How much time do that wouldn’t have been there or that them to do, for example, to invest in the opponents have? would have disappeared without these our stock market from long distance. The PRESIDING OFFICER. They investments. As the Senator from Massachusetts have 14 minutes 30 seconds. But I would just say to the Senator, has said, these are people who for the Mr. BUMPERS. Mr. President, some with all respect to my colleague from most part plan to come into this coun- of this information is really strange to Arkansas, we have just let in, thank try, bring their families, are in this me. It is things I never heard before. God, one of the best baseball pitchers country. That is one of the ways that The Immigration and Naturalization that we have on the Boston Red Sox. you can come to this country. You Service is the one who said, first, that He did not wait like unskilled people want your children to go to good we must have been smoking something do, coming from all over the world. He schools. You want them to have a bet- when we passed this law, and, second, came right in, and he has been pitch- ter life than they do from where they that we shot ourselves in the foot. And ing. He started pitching 5 days after he might come—just the wide open spaces, now they say that this program cannot was in this country and he has been the wide open opportunities of Amer- be monitored. just superb. ica. So this is one of the vehicles. The law does require the INS, inci- I wanted to say to the Senator and On the way, by the way, it helps cre- dentally, to study the background of ask him, does he not believe that we ate potentially tens of thousands of these people. You think about that. have an immigration policy that in- jobs in this country, and then 5,000 or And the INS says that is utterly impos- cludes a variety of these features; the 6,000 jobs in my State of West Virginia sible. This can be drug money. Any guy overwhelming aspect of it is the reuni- from people who are for the most part who has run drugs in Colombia or fication of families? That is its heart deciding to come to live in this country wherever can come to this country, put and soul, as I believe it should be. We and to make their money available to up $100,000, and pretend that he is cre- have debated what is a family—a nu- put my people to work. I would not ating jobs and get himself a green card clear family, whether it is just broth- argue against that. in 2 years. ers and sisters, older brothers and sis- Mr. BUMPERS. Will the Senator be Hold a hearing in the Judiciary Com- ters, younger brothers and sisters, willing to answer this question. He said mittee and ask the INS how well they small children. We have had that de- most of these people are coming into are monitoring this program? They May 18, 1998 CONGRESSIONAL RECORD — SENATE S4987 will tell you they don’t even come So, according to the law, it says The immigration service, the lawmakers close to having the personnel to mon- must ‘‘continuously reside in the said, knew all along what the investors were itor this program, or the background of United States.’’ doing and never raised an eyebrow when the the people who are coming in, the Mr. BUMPERS. Mr. President, if I Government approved the visa petitions. The may respond to that, that is exactly lawmakers criticized a freeze the agency has background of those who are putting imposed on most new visas until it sorts out the money up. Of course they can’t. what the INS says. They cannot mon- what kinds of investments are allowed. They They can’t stop the hoards crossing the itor this program. They don’t have the contend that the freeze has stymied growth border from Mexico into the United people to monitor it. They don’t know in economically depressed parts of the coun- States. They can’t stop the hoards whether they are staying or not. try that the program was intended to help coming into our airports. How do you But if you talk to these people run- invigorate. expect them to do background checks ning these limited partnerships and ‘‘For months, American jobs, created by to determine whether or not this consulting firms who are the people the investor visa program, have been en- really making money out of this—you snared in bureaucratic red tape,’’ said Rep- money that they do put up, which is resentative Lamar Smith, a Texas Repub- about 20 percent or 10 percent of the re- have to pay them $50,000 up front to lican who heads the House Judiciary sub- quired amount, how do you expect pull this scam off. And INS will tell committee on immigration. ‘‘Job opportuni- them to be able to determine whether you that they cannot monitor the very ties have been stifled by a heavy-handed that is drug money or not? Whether the question, the very point that the Sen- Government agency.’’ guy is an escaped convict or not? ator from Massachusetts makes. They In response to the criticism, the immigra- Whether he is simply coming to edu- are not complying with any of these tion service backtracked a bit late last cate his children and comes here long laws. INS will tell you some of them month, allowing 1,500 investors and their enough to set the thing up and goes families, who had received conditional green are and some of them aren’t, but they cards and completed a two-year waiting pe- back to Korea or Hong Kong or Taiwan cannot monitor it. The law is bad and riod, to stay in the United States. or wherever. Most all of these people the enforcement is impossible. But hundreds of other applicants in the are coming from the Pacific rim. Mr. President, I ask unanimous con- pipeline will have to refile their visa peti- When I say that, I say that advisedly. sent that an article appearing in the tions under new guidelines being developed. They are not coming at all. They are New York Times on April 12, 1998, and Critics say the immigration service did not coming to visit and then they are going an article in the Washington Post, publicize this decision, leaving immigrants home. They are buying what is adver- dated December 29, 1997, setting out and their lawyers in limbo. tised by AIS, the biggest limited part- ‘‘The immigration service is wreaking virtually everything I just pointed out havoc on everyone’s lives, and it makes zero nership who deals in these things; they in my remarks, be printed in the sense to me,’’ said Denyse Sabagh, a former are buying American citizenship and RECORD. president of the American Immigration Law- they are buying an alternate residence. There being no objection, the articles yers Association, who now represents one of Mr. President, let me say one other were ordered to be printed in the the consulting firms. thing in response to the statement of RECORD, as follows: The issue has rekindled a fierce debate the Senator from Massachusetts. Pedro [From the New York Times, April 13, 1998] over the propriety of using permanent resi- dency visas to attract foreign capital and Martinez gets a permit to come here ABUSES ARE CITED IN TRADE OF MONEY FOR for a certain number of days and then create, or at least save, American jobs. U.S. RESIDENCE The uproar also underscores deficiencies in he has to go back to the Dominican Re- (By Eric Schmitt) the immigration service. Its loosely worded public? Other players, such as Livan WASHINGTON, APRIL 12.—A Federal program regulations are an easy target for consulting Hernandez, of Cuba, came here because that grants wealthy foreign investors perma- firms looking for loopholes. And its examin- he was a baseball pitcher and because nent residency in the United States is being ers, who are trained to ferret out most rou- he was willing to get in a boat and risk manipulated, the Immigration and Natu- tine immigration fraud, are ill-equipped to his life, I suppose. Was he one of those? ralization Service says, with investors’ address increasingly complicated financial Let me ask the Senator from Massa- money being pooled so that most of them ob- plans. ‘‘The I.N.S., unlike the I.R.S., isn’t typi- chusetts, was Livan Hernandez one of tain residency visas without making the re- quired investment. cally an agency that has to police against the boat people that they rescued? The program, established by Congress in highly sophisticated investment devices,’’ Mr. KENNEDY. Yes. He was one of 1990, envisioned wealthy foreigners investing said David A. Martin, the former general those. Although we have many others. directly in American businesses. But in re- counsel of the immigration service whose Mr. BUMPERS. I would almost be cent years, a cottage industry of consultants blistering 36-page memorandum last Decem- willing to grant him carte blanche, if has sprung up to pool money in creative ber became the centerpiece of the Govern- he wants to come here bad enough to ways from the foreigners, who under the pro- ment’s review of the program. get into a little old boat and come from gram must invest at least $500,000 in an For the immigration service, the visa pro- Cuba, that is fine. Give that guy a American business that creates or saves jobs. gram is the latest in a string of contentious chance to become an American citizen. In return, the foreigners receive a permanent issues to catch the attention of the Repub- residency visa, or green card, the coveted lican-led Congress, which over the past year That is the way our ancestors came. document that is the first step toward Amer- has criticized the agency for wrongly natu- They took risks to get here. They ican citizenship. ralizing tens of thousands of immigrants and would do anything in the world—to A six-month Government review concluded which has even suggested abolishing the fight and scratch and claw to get here. last month that many of the consulting service. And people still do. firms that link the immigrants to business The immigrant investor program, which So what are we doing? We are not re- opportunities in the United States had im- offers 10,000 visas a year, has never caught on warding them. We are taking up some properly exploited loopholes to guarantee the way its proponents had hoped. Until two of the immigration slots in this coun- rates of return and limit investor risk. Under years ago, the immigration service never some consultants’ plans, for example, for- issued more than 600 visas a year to inves- try with this scam, one of the biggest eigners would only have to pay about one- tors and members of their immediate fami- scams ever perpetrated by the U.S. third of the required $500,000 investment, lies. Congress deliberately. with a promissory note for the rest that Congress created the program to compete Mr. President, I yield the floor and could eventually be forgiven by the consult- with other countries, including Canada and reserve the remainder of my time. ing firm or the American business. Australia, that offered similar visas to at- The PRESIDING OFFICER. If no one ‘‘These plans do not meet either the spirit tract foreign capital and create jobs. But the yields time, it will be evenly divided or the letter of the law established by Con- American model required larger invest- between the two sides. gress,’’ said Russell Bergeron, a spokesman ments, the hiring of at least 10 employees The Senator from Massachusetts. for the immigration service. who were not related to the investor, and an Mr. KENNEDY. Mr. President, just 1 But when immigration officials moved this audit two years after the visa was issued to year to revoke more than 5,000 visas granted more minute. On the issue of the pres- insure the investment and employees were under the program, mostly to immigrants still in place. ence of the applicant, the law itself from Taiwan, China, South Korea and Hong In the past two years, immigration offi- says: Kong, a number of influential lawmakers cials say consulting firms have devised Continuing residence: The alien must es- from both parties, including Senator Edward savvier business plans for immigrants to use tablish that he has continuously resided in M. Kennedy, Democrat of Massachusetts, and stepped up their marketing, particularly the United States since the date the alien protested that the Government was changing in Asian and Middle Eastern publications. was granted the temporary resident status. the rules in midstream. The number of visas issued to investors S4988 CONGRESSIONAL RECORD — SENATE May 18, 1998 jumped to 1,110 in fiscal year 1997 from 295 Oman offered an enticing proposition: ‘‘U.S. migrant visas like a commodity. Although visas in fiscal year 1996. Green Card for anyone who can show U.S. the green cards are ‘‘conditional’’ for two At the same time, American consular offi- $500,000.’’ years under the program, pending verifica- cials in Tokyo, Taipei, Guangzhou, Seoul and Green cards for sale? Those coveted credit tion that the investment has been made and Hong Kong raised questions about dozens of card-size documents, which confer legal U.S. the jobs created, the transaction is viewed visa petitions. Consuls found that many resident status and constitute the first step by some as only one step removed from sell- plans called for a down payment, typically toward citizenship, on the block for cold ing U.S. citizenship. $150,000 on a $500,000 investment, and ar- cash in a Persian Gulf sultanate? ‘‘If it’s one step, it’s a mile wide,’’ said ranged a promissory note for the rest. After What appeared on the face of it to be a du- McNary, who disputes that view. The pro- two years, the investor would get a green bious offer in fact was based on a little- gram lately has met with some recalcitrance card and then, the plans suggested, the re- known—but quite legal—U.S. government within the INS and the State Department, maining $350,000 would be forgiven. program to encourage immigration by just as it did in 1990 when congressional op- Last month, the California Department of wealthy foreign investors. The investor visa ponents charged it would allow well-off for- Corporations ordered a Virginia-based firm, program, passed by Congress in 1990 as a way eigners to ‘‘buy green cards,’’ he said. But Interbank Immigration Services, to stop of- to compete for foreign capital and create that notion is misguided, McNary insisted, fering investment programs to wealthy im- U.S. jobs, reserves up to 10,000 green cards a because the participants ‘‘are investing in migrants. year for investors and their immediate fami- our economy and serving the national inter- The company, California officials said, lies. est. These are good people who blend into promised qualified immigrants a green card To qualify, the principals must each create American culture.’’ within eight weeks if they bought a stake in at least 10 full-time U.S. jobs by investing $1 In its literature, AIS describes the investor a Delaware limited partnership. The stakes million—or $500,000 if the jobs are in certain visa program as offering ‘‘the best of both were in turn sold to a Bahamian enterprise high-unemployment areas—in the establish- worlds’’: the security and convenience of ‘‘al- for an annuity that matured in five years. ment of a new business, or the rescue or ex- ternate residency’’ in the United States, But state officials said investors had no pansion of an existing one. The workers with no real requirement to live here full guarantee that they would realize the prom- must not be relatives of the investors, but time. An AIS brochure touts the program as ised benefits. they do not necessarily have to be U.S. citi- Reports like this prompted the immigra- zens. less restrictive and expensive than similar tion service to conduct its review. ‘‘Little by So far, the program has not really taken plans in other countries such as Canada, little, the program may have gotten out of off. In recent years, issuances have numbered which requires investor immigrants to stay control,’’ said a State Department official only in the hundreds. In 1996, the latest fiscal there at least 183 days of the year. The U.S. familiar with the visa program. year for which figures are available, 936 peo- program also sets no requirements on age, But many consulting firms say that they ple received them, including spouses and prior business training or experience, edu- have followed the rules and that they are children. More than 80 percent of the visas cation level or language skill, the brochure being penalized for the abuses of a few or by went to Asians, mostly from Taiwan, South points out. lax oversight by immigration officials. Korea, China and Hong Kong. ‘‘The only requirement for the investor,’’ One such firm, American Export Partners In part because of promotions like the one it says, ‘‘is that he have the required net of Charleston, S.C., has pooled more than $8 by a private consulting firm in Oman, how- worth and initial capital,’’ which must come million in cash and promissory notes from ever, the investor visa program gradually is from a ‘‘lawful source’’ but may include investors, mostly from Asia, and, with the becoming better known around the world. Its gifts, inheritances and bank loans. Government’s blessing, created a commer- boosters expect the 1997 numbers to show a Mr. BUMPERS. I yield the floor and sharp increase, perhaps double the 1996 total. cial financing company to make loans to suggest the absence of a quorum. American exporters. Thirty-eight of the And with Hong Kong now under Beijing’s firm’s investors have received green cards, control and Asian economies in turmoil, the The PRESIDING OFFICER. The said Timothy D. Scranton, a managing direc- promoters hope to attract even greater num- clerk will call the roll. tor. bers of wealthy Asians. The assistant legislative clerk pro- One loan was a $750,000 line of credit to Pil- The program has spurred an industry of ceeded to call the roll. low Perfect, a bedding manufacturer in consultants and facilitators who link inves- tors with business opportunities in the Mr. BUMPERS. Mr. President, I ask Woodstock, Ga. ‘‘They’re providing financing unanimous consent that the order for for my company to grow and hire more peo- United States, handle the visa applications ple,’’ said Paul Ratner, president of Pillow and even arrange financing for the required the quorum call be rescinded. Perfect, whose work force has increased to 50 investment money. The industry leader is a The PRESIDING OFFICER. Without employees from 20 employees in the past two Greenbelt-based firm called AIS Inc. (origi- objection, it is so ordered. years. nally American Immigration Services) that Mr. BUMPERS. Mr. President, I ask Mr. Ratner said that he had consulted sev- specializes in pooling investors together to unanimous consent I be permitted to eral local banks but that American Export bankroll larger projects. It says it has ob- tained visa approvals for more than 1,000 in- put in a quorum call and the time be was ‘‘more competitive and easier to deal equally charged to the proponents and with.’’ vestors who have committed more than $500 Other middlemen are changing their mar- million to U.S. businesses since 1991. opponents. keting practices to address the Govern- The firm boasts a high-profile management The PRESIDING OFFICER. Is there ment’s complaints. One of the largest con- team led by Diego C. Asencio, a retired sen- objection? The Senator from Michigan. sulting firms, AIS of Greenbelt, Md., said it ior U.S. diplomat, as president. Gene Mr. ABRAHAM. Mr. President, I seek sent a revised business plan to the immigra- McNary, a former commissioner of the Im- migration and Naturalization Service, is one the floor at this time. tion service in February. The PRESIDING OFFICER. The Sen- ‘‘Things are continuing to evolve,’’ said of the company’s top lawyers. Its board of di- William P. Cook, a lawyer for AIS who was rectors includes former ambassadors Ste- ator from Michigan. the immigration service’s general counsel phen W. Bosworth and Jack F. Matlock Jr., Mr. ABRAHAM. Mr. President, I have when the visa program was created. former assistant secretaries of state William not spoken yet on this amendment by The immigration service insists that it Clark and Richard W. Murphy, retired Demo- the Senator from Arkansas, but I think still supports the program—but with several cratic congressman John Bryant of Texas the points that have been made in op- and Prescott S. Bush, the brother of former changes—and plans to ask the Commerce De- position are ones that our colleagues partment and Small Business Administra- president George Bush and chairman of the tion for technical help in reviewing future private USA-China Chamber of Commerce. should observe closely. I think if they immigrant-investor financial packages. Among the projects to which AIS has chan- do, they would argue in favor of a ‘‘no’’ But immigration lawyers and their clients neled investments are restaurants, hotels, vote on the amendment. say the program will stay stuck in neutral apparel and equipment manufacturing com- I would just say this, though, to the until the immigration service drafts a clear panies and a chain of retirement homes. The Senator from Arkansas. There obvi- set of rules for the industry and immigrants investors include businessmen, bankers, doc- ously have been some concerns raised tors and other professionals. to follow. ‘‘What we need now is for the by the program. He has raised some of I.N.S. not to issue more general counsel The visa program’s advocates argue that it memos, but regulations,’’ Mr. Cook said. brings in immigrants with needed capital, those concerns today, and they have saves troubled companies and creates or pre- been the subject of various articles. [From the Washington Post, December 29, serves jobs. By contrast, they point out, 1997] But we have not in the Immigration growing numbers of immigrants who enter Subcommittee up until this point yet U.S. ISSUING MORE VISAS TO INVESTORS; CRIT- the United States under the current system, ICS SAY 1990 STATUTE OPENS PATH TO CITI- conducted any hearing or examination which stresses family ties, are poor, un- to determine the degree to which these ZENSHIP FOR WEALTHY FOREIGNERS skilled and uneducated, and thus often a bur- (By William Branigin) den to society. concerns are appropriately warranted. For those with a desire to emigrate and But critics of the scheme say there is It is my understanding, though, that cash to spare, the recent ad in the Times of something unsettling about marketing im- the Immigration and Naturalization May 18, 1998 CONGRESSIONAL RECORD — SENATE S4989 Service is currently making some sig- Mr. BUMPERS. Mr. President, let me ‘‘(II) aliens coming as researchers or fac- nificant internal changes to the pro- say to both floor managers, I was pre- ulty at an institution of higher education (as gram that many believe have been pre- pared to yield back my time, but Sen- defined in section 1201(a) of the Higher Edu- viously undermining the goal of the cation Act of 1965; 20 U.S.C. 1141(a)) (or a re- ator HARKIN came over and waited lated or affiliated non-profit entity of such program. I want to look at what the quite awhile. He had a statement he institution) or a non-profit or Federal re- INS is proposing. Based on what I have wanted to make for 5 minutes on some- search institute or agency.’’. heard so far, I have some concerns thing completely unrelated. I reserve about the approach they are taking, my time. AMENDMENT NO. 2418 but I want to get a better feel from Mr. KENNEDY. I had planned to put (Purpose: to ensure that participating em- that before I believe we should move my two amendments in and make com- ployers cannot lay off United States work- forward with a specific fix—whether it ments for about 4 minutes or so on ers and replace them with temporary for- eign workers under the H–1B visa program) is the fix proposed here, of eliminating both of those amendments. I expect the program, or some modified ap- Beginning on page 30, strike line 12 and for Senator ABRAHAM to do about the all that follows through line 21 on page 32. proach. same, and then we will be almost at On page 41, after line 16, add the following This amendment, if accepted, would the time for the vote. I have about 4 or new section: simply eliminate the use of these visas. 5 minutes. SEC. . PROTECTION AGAINST DISPLACEMENT I do believe there are a number of cir- Mr. BUMPERS. Is this as good a time OF UNITED STATES WORKERS. cumstances where we need to learn as any to ask for the yeas and nays on (a) IN GENERAL.—Section 212(n)(1) of the more before we would go forward. So, my amendment? I ask for the yeas and Immigration and Nationality Act (8 U.S.C. therefore, I don’t think we should at 1182(n)(1)) is amended by inserting after sub- nays. paragraph (D) the following: this point simply hack off an impor- The PRESIDING OFFICER. Is there a ‘‘(E) The employer has not replaced any tant part of the immigration system sufficient second? United States worker with a nonimmigrant without further deliberation and exam- There is a sufficient second. described in section 101(a)(15)(H)(i) (b) or ination. I think the intention of the The yeas and nays were ordered. (c)— Immigrant Investor Program is a good ‘‘(i) within the 6-month period prior to the AMENDMENTS NOS. 2417 AND 2418 intention. We have heard from the Sen- filing of the application, ator from West Virginia of some of the Mr. KENNEDY. Mr. President, I send ‘‘(ii) during the 90-day period following the two amendments to the desk. filing of the application, and benefits that have already taken place. ‘‘(iii) during the 90-day period immediately The goal is of attracting and creating The PRESIDING OFFICER. If there is no objection, the pending amend- preceding and following the filing of any visa more jobs for Americans and so on. If petition supported by the application.’’. refinements need to be made, I think ment will be set aside. The clerk will (b) DEFINITIONS.—Section 212(n) of the Im- we need to examine the program a lit- report. migration and Nationality Act (8 U.S.C. tle more extensively than we have The assistant legislative clerk read 1182(n)) is amended by adding at the end the as follows: following: done. I think we need to go beyond the ‘‘(3) For purposes of this subsection: reports in the media. And I think we The Senator from Massachusetts [Mr. KEN- ‘‘(A) The term ‘replace’ means the employ- need to see exactly what the INS’ final NEDY] proposes amendments numbered 2417 ment of the nonimmigrant, including by con- proposal would be. and 2418. tract, employee leasing, temporary help I say to my colleague from Arkansas, Mr. KENNEDY. Mr. President, I ask agreement, or other similar basis, at the spe- certainly we intend to exercise such unanimous consent that the reading of cific place of employment and in the specific oversight in our subcommittee, regard- the amendments be dispensed with. employment opportunity from which a less of what the outcome is here today. The PRESIDING OFFICER. Without United States worker with substantially equivalent qualifications and experience in But I think it would make sense for us objection, it is so ordered. the specific employment opportunity has to have that oversight before we sim- The amendments are as follows: been laid off. ply move to eliminate this program. AMENDMENT NO. 2417 ‘‘(B) The term ‘laid off’, with respect to an Mr. President, I yield the floor at (Purpose: To ensure that employers recruit individual, means the individual’s loss of em- this time. Let me ask, before I do, what qualified United States workers first, be- ployment other than a discharge for inad- the status is with regard to time. fore applying for foreign workers under the equate performance, violation of workplace The PRESIDING OFFICER. The Sen- H–1B program) rules, cause, voluntary departure, voluntary ator from Michigan controls 10 minutes retirement, or the expiration of grant, con- On page 41, after line 16, insert the follow- tract, or other agreement. The term ‘laid off’ 35 seconds. The Senator from Arkansas ing new section: does not include any situation in which the has 5 minutes 22 seconds. SEC. . RECRUITMENT OF UNITED STATES WORK- individual involved is offered, as an alter- The Senator from Arkansas. ERS PRIOR TO SEEKING TEM- native to such loss of employment, a similar Mr. BUMPERS. Mr. President, let me PORARY FOREIGN WORKERS UNDER employment opportunity with the same em- THE ‘‘H–1B VISA’’ PROGRAM. just say to the distinguished floor man- ployer at equivalent or higher compensation (a) IN GENERAL.—Section 212(n)(1) of the ager, Senator HARKIN had a 5-minute and benefits as the position from which the statement. We are scheduled to vote at Immigration and Nationality Act (8 U.S.C. employee was discharged, regardless of 1182(n)(1)) is amended by inserting after sub- whether or not the employee accepts the 5:45. I am not sure what other amend- paragraph (D) the following new subpara- ments are to be voted on besides mine. offer. graph: ‘‘(C) The term ‘United States worker’ I assume after that, final passage? ‘‘(E)(i) The employer, prior to filing the ap- means— Mr. ABRAHAM. The intent of the plication, has taken timely, significant, and ‘‘(i) a citizen or national of the United majority leader would be to have the effective steps to recruit and retain suffi- States, votes on the amendments to begin at cient United States workers in the specialty ‘‘(ii) an alien who is lawfully admitted for 5:45. I believe we already have an order occupation in which the nonimmigrant permanent residence, or entered into to that effect. And then whose services are being sought will be em- ‘‘(iii) an alien authorized to be employed ployed. Such steps include good faith re- by this Act or by the Attorney General, if final passage to follow on votes on the cruitment in the United States, using proce- the individual is employed, including em- amendments for which votes were re- dures that meet industry-wide standards, of- ployment by contract, employee leasing, quested. I assume a vote will be re- fering compensation that is at least as great temporary help agreement, or other similar quested on the amendment of the Sen- as that required to be offered to non- basis.’’. ator from Arkansas. The Senator from immigrants under subparagraph (A), and of- Mr. KENNEDY. Mr. President, do I Massachusetts has two amendments. fering employment to any qualified United have 5 minutes? Mr. BUMPERS. Have the votes been States worker who applies. The PRESIDING OFFICER. The Sen- ordered on the amendments of the Sen- ‘‘(ii) Clause (i) shall not apply with respect ator has sufficient time. ator from Massachusetts? to aliens seeking admission or status as non- Mr. KENNEDY. I yield myself 4 min- immigrants described in section Mr. KENNEDY. No, but we will. utes. Mr. ABRAHAM. And we also need to 101(a)(15)(H)(i)(b) who are— ‘‘(I) aliens with extraordinary ability, The PRESIDING OFFICER. The Sen- dispose of the managers’ amendment aliens who are outstanding professors and re- ator from Massachusetts. prior to the beginning of the voting. searchers, or certain multinational execu- Mr. KENNEDY. Mr. President, we are We are hoping to begin the voting—the tives and managers described in section at the time where, in just a few min- order calls for it to begin in 15 minutes. 203(b)(1), or utes, we will be making a decision S4990 CONGRESSIONAL RECORD — SENATE May 18, 1998 about expanding a provision of the im- they are going to have their green card can develop these skills, and we are in migration law that provides for tem- pulled and will be sent back to their the process, through this legislation, of porary workers. This is a provision now country of origin. We have the record; setting in motion both a scholarship that has been, by and large, used for that happens, and that is wrong. That component as well as a job training workers 85 percent of whom make amendment no. 1. component to assist in what is obvi- $75,000 or less. The second amendment says, before ously a much broader, macro effort There is a small group of highly you go out and hire a foreign worker, that must be undertaken to effectively, skilled, highly talented individuals you at least have to make a reasonable in a long-term sense, meet the chal- who do a great deal better than that. effort to try to hire an American work- lenges of the job market of the 21st They are really not an issue in this er. We do it by just saying any em- century. particular amendment, as far as I am ployer has to follow the industry At the same time, we felt it was im- concerned, because they only take a standards for recruitment in that in- portant in this legislation to protect very small number of the green cards dustry, and simply indicate on the ap- American workers so that these pro- that will be issued. plication form that that is what they grams cannot be abused. Let me begin There is a substantive question about have done. by saying I think these amendments how much of a problem there is. Under Basically, we are saying, what is are a solution in search of a problem. the Abraham amendment, we will tem- wrong with American workers? Clear- For those Members watching and lis- porarily be opening up this quota in a ly, they can be trained to take these tening right now, in the entire history very significant way. Tens of thou- jobs. We believe they should be able to of this program there have only been sands of new immigrants will be com- do so. eight willful violations of hundreds of ing to the United States. In our par- Secondly, we believe that there are thousands of cases—only eight willful ticular proposal, that was not so. tens of thousands of workers across violations in this program, and each Let me read two letters that indicate this country who ought to be able to has been punished. what the challenge is. One is from maintain their jobs and not be replaced Our legislation says even though that Sally Barnett. She is from Plano, TX: by foreigners in this country. We also is a tremendous track record and a I just heard via the radio that several com- believe that Americans ought to be great expression of the fact that this is panies, including Texas Instruments, Micro- given a chance for these jobs in the a program not being abused, we want soft, etc., wish to bring in immigrants to do United States before they go overseas. to go further. We have dramatically high-tech engineering. I live in Dallas and Those are effectively the two amend- toughened the penalties in such a way have for 3 years. I graduated with a degree in ments before us. We believe in Amer- that if anybody willfully violates the mathematics and went back to school in the late 1980s and received my degree in com- ican workers. We believe they can be provisions of using H–1B employees and puter programming. I have two positions in trained. We believe they ought to be H–1B visa holders and lays off some- the field . . . I have applied all over Dallas given the first opportunity for hiring. one—Mr. President, that has only hap- but never get an interview. I have my re- And we believe that they ought to be pened one time in the entire history of sume on the Internet. I had a 4.0 average in able to hold those jobs and not be dis- the program—if it happens, if some- my classes in the late 1980s . . . I do not even placed if they have the needed skills. body is displaced for an H–1B employee, demand a high salary but I can’t even get an Mr. President, I hope that we will have then the company involved will be interview for a job. a vote in favor of my amendments. debarred and prevented from even This is a computer technician who is I yield back what time I have, and I using the H–1B program for 2 years. In unable to get a job. I had scores of let- ask that it be in order to ask for the addition, they would pay a $25,000 pen- ters that I read from earlier in this de- yeas and nays. alty fine per violation. bate. The PRESIDING OFFICER. Is there In short, we have addressed each of Jim Sizemore from Cupertino, CA, objection to requesting the yeas and the things that have been raised by has a long letter: nays? Without objection, it is so or- Senator KENNEDY. In my judgment, we Do not increase the immigration quota for dered. have addressed them in an effective high-tech workers. This will force employers Is there a sufficient second? way, considering the fact that in the to act responsibly to get more from their There is a sufficient second. history of the program there have high-tech talent . . . to invest in domestic The yeas and nays were ordered. been, in fact, so very few violations. training, to internally develop talent, and to Mr. ABRAHAM addressed the Chair. take action to retain the talent they have. I also say this. The solution proposed Don’t let employers off the hook from taking The PRESIDING OFFICER. The Sen- by the Senator from Massachusetts such actions. ator from Michigan. would give the Department of Labor a Importing more foreign labor is a cheap Mr. ABRAHAM. Thank you, Mr. dramatically increased role in the su- and easy answer for companies who don’t President. I will respond to the amend- pervision of the high-tech community want to do what’s right. Importing foreign ments that have finally been offered, as and other businesses and entities using labor is wrong for current workers . . . . well as to speak about the bill in gen- skilled workers. I do not personally be- Wrong for American workers. eral. lieve either of these amendments could That gets to the heart of my two With respect to these amendments, be implemented without the Depart- amendments. There are three different let me say this: Our whole intent in ad- ment of Labor creating massive new issues here. One is training, to make dressing this legislation from the be- bureaucratic regulations and micro- sure down the road that we provide ginning was to provide three things: managing these companies. adequate training so that American A short-term solution to meet the Indeed, I do not believe these compa- workers will have the skills to get all current, very significant shortage in nies would go forward and hire anyone of these jobs and hopefully be able to high-tech workers which our high-tech on an H–1B program without getting do that in the next 3 or 4 years. We are industry is confronting, a shortage some type of prior clearance from the working out that particular provision. which, if not met, will severely hurt Department of Labor. But the two amendments that I offer the American economy and, in my We have an attestation process in say something else. They say that we judgment, dramatically reduce our eco- place, a recruitment process in place will not permit Americans who have nomic growth. for permanent workers. It takes 2 years those jobs today to be laid off from The second goal of the legislation is before the various hoops and regula- those jobs and to substitute for those to address the long-term needs we will tions can be met. I am not saying that Americans foreign workers. That is have for high-tech workers, skilled is wrong, but I am saying it is unwork- permitted today, and that is wrong. workers, information technology work- able in the context of temporary work- That is wrong, because we know what ers. We attempt to do that in this leg- ers. We have dramatic needs today for has happened. Foreign workers come islation. We do believe that American these workers. on in, and they are forced to work workers, American kids, have the We have heard, as I said in my open- longer and harder and are in the posi- skills and talent it takes. The goal is ing statement, about the year 2000 tion where they refuse to complain be- to have the right job training and edu- problem. We cannot wait 2 years to cause they know if they do complain, cational opportunities so that people bring in additional workers to cure the May 18, 1998 CONGRESSIONAL RECORD — SENATE S4991 year 2000 problem because we will al- U.S. companies to compete in the global diciary Committee, on a bipartisan basis, ex- ready be in the year 2000. In a similar marketplace will suffer. With unemployment plicitly rejected this anti-business approach sense, we simply cannot take the exist- at a record low, and thousands of vacancies and instead embraced a tough enforcement ing program and undermine it with in the high-technology sector alone, we can- regime directed at the abusers, and not the not emphasize enough the importance of legitimate, law-abiding U.S. companies and these complicated bureaucratic De- temporarily raising the number of H1–B universities that employ H–1B workers. partment of Labor regulations. visas available. If you support the businesses and institu- I have heard from the various compa- While there is no question that raising the tions that benefit from and utilize this pro- cap is a necessary short-term step so that nies and entities that are seeking an gram, you should not impose anti-business U.S. companies can fill vital vacancies, we increase in the cap on H–1B visas. They provisions that have no place or role in this do not believe that the cap should be raised have said an increase in the cap would legislation. Therefore, we strongly urge you at all costs. Specifically, we strenuously op- be meaningless and totally nullified if to reject the Kennedy amendments to S. pose the Kennedy-Feinstein attestation these kinds of labor provisions are in- 1723. amendments that would impose new man- Sincerely, cluded. They go too far. They would dates on all employers and fundamentally American Council on International Per- undermine the whole program. And in- and permanently change the HI–B program. sonnel; American Electronic Associa- deed, if they were to be enacted or Instead, we believe that your bill, which tion; American Immigration Lawyers would impose new and substantial penalties passed in the form of these amend- Association; Business Software Alli- on those who break the law without burden- ments, I would be inclined to encour- ance; Computing Technology Industry ing law-abiding employers, is the correct ap- age the majority leader to pull the bill Association; Electronic Industries Alli- proach. If the Kennedy-Feinstein attestation down because I think it would create ance; Information Technology Associa- amendments are adopted in their current ultimately a greater problem than we tion of America; National Association form, all positive benefits from raising the of Manufacturers; National Technical already have today. We have a serious cap would be negated and we would regret- Services Association; Semiconductor problem already. fully have to oppose final passage. So, for those reasons, Mr. President, We have repeatedly urged your colleagues Equipment and Materials International I urge our colleagues to support my to vote for S. 1723 without amendment, even (SEMI); Semiconductor Industry Asso- ciation; Software Publishers Associa- identifying it as a Key Manufacturing Vote motion which I intend to make to table tion; The Technology Network; U.S. in the NAM’s Voting Record for the 105th those amendments, and I urge them to Chamber of Commerce. pass the legislation. It is vitally need- Congress. As always, we are prepared to as- ed. It is important to our economy. It sist you in whatever manner possible to raise the H1–B cap in a way that will protect ITAA is important to our ability to meet the American workers while allowing U.S. com- MAY 18, 1998. year 2000 challenges, and it is impor- panies to stay strong and keep their com- Senator Spencer Abraham, tant for us to bring the academics here petitive edge. Chairman Subcommittee on Immigration and to train American students so that we Sincerely, Refugee Affairs, Committee on the Judici- will produce these additional workers. PAUL R. HUARD, ary, Washington, DC. That is why it has such broad-based Senior Vice President. DEAR CHAIRMAN ABRAHAM: Thank you for support, bipartisan support in the Sen- your continued leadership on the need to CHAMBER OF COMMERCE ate, academic support throughout the bring highly skilled temporary foreign work- 1615 H STREET, N.W. ers to the United States. We are very pleased academic community, business support Washington, DC, May 18, 1998. throughout the business community, the Senate is moving toward final action on Hon. SPENCER ABRAHAM, this bill. support among heritage groups, and Washington, DC. others. DEAR SENATOR ABRAHAM: On behalf of the As you know, time is running out. the H– Mr. President, this is not a situation U.S. Chamber of Commerce, the world’s larg- 1B cap has been reached. The United States where we are dealing in a zero sum est business federation, representing more Senate needs to act now and pass S. 1723, the ‘‘American Competitiveness Act of 1998.’’ game. People coming in under the H–1B than three million businesses and organiza- tions of every size, sector and region, I wish We want to express our very strong opposi- program are not taking jobs away from to make clear our opposition to the amend- Americans. In virtually every case, tion to amendments that will make the H–1B ments we understand will be offered by Sen- program useless by adding unnecessary regu- they are contributing to a business, a ator Kennedy to the American Competitive- latory burdens. Providing more H–1B visas, company, an organization that is grow- ness Act of 1998 which will add complex ‘‘at- as your bill does, while at the same time ing; and they are creating more oppor- testation’’ procedures to the H–1B visa appli- adding unworkable provisions relating to re- tunities. That is the evidence we had cation process. cruiting and layoffs, could harm critical before us in the committee. I think it These amendments would seriously under- projects, such as solving the Year 2000 chal- mine the H–1B program. Their broad and ill- is what will happen in the 5-year period lenge. As has been documented repeatedly, defined requirements would, as a matter of the IT workforce shortage is one of the rea- for which we are seeking this increase, reality, empower the Department of Labor to and that will give us time to solve the sons companies are not moving quickly second guess every hiring decision by an em- enough to solve Year 2000 problems. One sen- problem in the long term. ployer and to evaluate the nature of every ior executive at a major company told me Mr. President, I ask unanimous con- job in an employer’s workforce. The program last week he is 350 IT workers short for Year sent that letters I have received from would grind to a halt. Unfortunately, the 2000 projects. employer community’s experience with the various business groups in opposition We urge you and your colleagues to reject to the Kennedy amendments to S. 1723 Department under the permanent visa pro- gram has demonstrated that these fears are these negative amendments. Your bill, with be entered in the RECORD: well-founded. a strong emphasis on enforcement and sanc- There being no objection, the mate- If these amendments are adopted, the tions against violators of the H–1B program, rial was ordered to be printed in the Chamber would be forced to withdraw its has the appropriate tools for dealing with al- RECORD, as follows: support for the legislation. leged H–1B violations. NATIONAL ASSOCIATION OF SINCERELY, We also hope your colleagues will note MANUFACTURERS, R. Bruce Josten. that delay on the H–1B cap increase While Washington, DC, May 18, 1998. the H–1B program is not the only solution to Hon. SPENCER ABRAHAM, AMERICAN BUSINESS FOR the IT worker shortage, as I explained during Senate Dirksen Office Building LEGAL IMMIGRATION your Subcommittee hearing, it is an impor- Washington, DC. May 18, 1998. tant element of dealing with the shortage in DEAR SENATOR ABRAHAM: On behalf of the DEAR SENATOR: We write to express our the short-term. 14,000 members of the National Association continuing support for S. 1723, the American of Manufacturers (NAM), including approxi- Competitiveness Act, and to oppose amend- It would be ironic of the Senate, just a mately 10,500 small manufacturers we want ments scheduled to be offered by Senator short time after establishing a Special Com- to thank you for your continuing efforts to Ted Kennedy on the floor of the Senate. mittee to deal with Year 2000, did not take temporarily expand the number of highly The Kennedy amendments on ‘‘recruit- action to pass the H–1B, a direct element for skilled, foreign-born professionals allowed ment’’ and ‘‘non-displacement’’ needlessly addressing the Year 2000 challenge. into the United States on a short-term basis. impose regulatory burdens on vital and com- Thank you again for your leadership on As you know, the cap on H1–B visas was petitive sectors of our economy. The attesta- this important issue. reached over a week ago—nearly five months tion provisions contained in these amend- Sincerely, before the end of the fiscal year. If your bill, ments would gut a program that has helped HARRIS N. MILLER, S. 1723, is not enacted soon, the ability of our economy grow since 1990. The Senate Ju- President. S4992 CONGRESSIONAL RECORD — SENATE May 18, 1998

NATIONAL IMMIGRATION FORUM AMENDMENT NO. 2419 (b) GRANTS.—Subject to subsection (c), the PRO-IMMIGRANT ORGANIZATIONS CALL ON PO- (Purpose: To set forth manager Secretary of Labor shall award grants to LITICAL LEADERS TO REFRAIN FROM BASHING amendments.) carry out the programs to— LEGAL IMMIGRANTS IN COMING DEBATE OVER Mr. ABRAHAM. Mr. President, I send (1) private industry councils established H–1B VISAS under section 102 of the Job Training Part- an amendment to the desk on behalf of nership Act (29 U.S.C. 1512), as in effect on This week the full Senate and the House myself, Senator KENNEDY, and Senator Judiciary Committee will take up proposed the date of enactment of this Act, or succes- MCCAIN in the form of a managers’ legislation to address the shortage of highly sor entities established under a successor skilled workers in part by increasing the amendment. Federal law; or availability of H–1B visas. This is a category The PRESIDING OFFICER. The (2) regional consortia of councils or enti- of temporary legal immigration in which clerk will report the amendment. ties described in paragraph (1). high tech and other companies can sponsor The assistant legislative clerk read (c) LIMITATION.—The Secretary of Labor talented foreign-born employees. Many of as follows: shall establish programs under subsection (a), including awarding grants to carry out these skilled workers are top graduates of The Senator from Michigan [Mr. ABRAHAM] such programs under subsection (b), only America’s finest universities. for himself, Mr. KENNEDY and Mr. MCCAIN, with funds made available to carry out such As the discussion unfolds in the coming proposes an amendment numbered 2419. days and weeks, and differences are debated, programs under subsection (a) and not with funds made available under the Job Training we call on our leaders to underscore, rather Mr. ABRAHAM. Mr. President, I ask Partnership Act or a successor Federal law. than undermine, America’s great tradition unanimous consent that reading of the as a nation of immigrants. For most of our amendment be dispensed with. Mr. ABRAHAM. Mr. President, let history, the American people have extended The PRESIDING OFFICER. Without me indicate the managers’ amendment a generous welcome to those willing to work objection, it is so ordered. contains several components, one of hard and contribute their skills and talents The amendment is as follows: which pertains to the issue of job train- to this society. It would be unfortunate if On page 25, line 9, insert ‘‘and for any other ing. We have worked very closely with leaders in the heat of political battle did fiscal year for which this subsection does not Senator LIEBERMAN, as I said earlier, damage to this nation’s spirit of tolerance specify a higher ceiling,’’ after ‘‘1997’’. with Senator DEWINE, with a variety of and respect for diversity. Beginning on page 27, strike line 6 and all Furthermore, we urge our nation’s politi- other Members with respect to this that follows through page 29, line 10, and in- cal leaders to refrain from stereotyping and issue. This amendment modifies the sert the following: ‘‘is amended in section stigmatizing immigrants as harmful to the job training and scholarships sections 415A(b) (20 U.S.C. 1070c(b)), by adding at the nation. Foreign-born professionals who enter authorized by S. 1723 as reported out of end the following new paragraph: the United States on H–1B visas come from a committee. ‘‘(3) MATHEMATICS, COMPUTER SCIENCE, AND variety of ethnic backgrounds and as such In the job training end, the end prod- DNGINEERING SCHOLARSHIPS.—It shall be a are easy targets for those looking to ‘‘blame permissible use of the funds made available uct is the result, as I said, of work with foreigners.’’ In recent weeks, for example, to a State under this section for the State to Senators KENNEDY, WELLSTONE, extreme anti-immigrant groups have used establish a scholarship program for eligible LIEBERMAN, ROBB, DEWINE, and the the occasion of the H–1B debate to aggres- students who demonstrate financial need and chairman of the Labor Committee, sively pit immigrants against the native- who seek to enter a program of study leading born. Their attacks come dangerously close Senator JEFFORDS. And without giving to a degree in mathematics, computer to legitimizing a climate of hostility di- all the details, it would allow the Sec- science, or engineering.’’. rected at immigrants and refugees generally. retary of Labor to provide demonstra- On page 32, between lines 21 and 22, insert Individuals who come here on H–1B visas tion projects through part D of title IV the following: are not a threat to U.S. workers. Much like (d) PROHIBITION OF USE OF H–1B VISAS BY of the JTPA Program for private indus- legal immigrants sponsored by families or EMPLOYERS ASSISTING IN INDIA’S NUCLEAR try councils or their successors or re- those admitted as refugees, they make im- WEAPONS PROGRAM.—Section 214(c) is amend- gional consortia, private industry portant contributions to our society and our ed— councils or their successors. economy. They fill important positions at (1) by redesignating paragraphs (6), (7), and It would also allow the Secretary to high tech companies, universities, and in a (8) as paragraphs (7), (8), and (9), respec- variety of other fields. Rather than harming support innovative technical skills tively; and native-born Americans, these immigrants, training programs provided at the local (2) by inserting after paragraph (5) the fol- many of whom become permanent immi- level to help prepare workers with the lowing new paragraph: grants to our country, strengthen America. skills necessary for the 21st century. In ‘‘(6) The Attorney General shall not ap- We ask all of our leaders to bear this in mind prove a petition under section that sense, it conforms with the work- as we proceed with this important debate. 101(a)(15)(H)(i)(b) for any employer that has force development legislation we Mr. ABRAHAM. Mr. President, I knowledge or reasonable cause to know that passed just last week. With respect to thank the Presiding Officer and I yield the employer is providing material assist- scholarships, I think we have already the floor at this time. ance for the development of nuclear weapons expressed during the discussion of Sen- The PRESIDING OFFICER. Does the in India or any other country.’’. ator REED’s amendment the actions we Senator yield back the time in opposi- On page 32, line 22, strike ‘‘(d)’’ and insert are taking there. tion to the Kennedy amendments? ‘‘(e)’’. In addition, the managers’ amend- On page 33, line 1, strike ‘‘(e)’’ and insert Mr. ABRAHAM. Yes. I yield back the ment, at the request of Senator KYL ‘‘(f)’’. remainder of my time on the amend- Beginning on page 36, line 25, strike ‘‘the and the National Science Foundation, ments as well, except I believe you still National’’ and all that follows through also makes some changes in the way have Senator BUMPERS’ amendment. ‘‘methods’’ on line 3 of page 37 and insert ‘‘a the panel study in workforce issues is At this point, Mr. President, I ask study involving the participation of individ- to be organized. It contains various unanimous consent there be 2 minutes uals representing a variety of points of view, technical fixes to address a pay-go of debate equally divided between each including representatives from academia, issue raised by the transfer of author- of the stacked votes which I am about government, business, and other appropriate ity to process labor condition applica- to propose; and I further ask unani- organizations,’’. tions from the Department of Labor to mous consent the order of the votes be On page 34, line 15, strike ‘‘(f)’’ and insert ‘‘(g)’’. the Immigration and Naturalization as follows: a vote on or in relation to On page 35, line 20, strike ‘‘(g)’’ and insert Service. It handles other technical cor- the Kennedy amendment No. 2418, fol- ‘‘(h)’’. rections as well. lowed by a vote on or in relation to On page 41, after line 16, insert the follow- Finally, it adds a prohibition. The Kennedy amendment No. 2417, followed ing: Attorney General may not approve a by a vote on or in relation to the SEC. 10. JOB TRAINING DEMONSTRATION PRO- petition for an H–1B petition if he or Bumpers amendment 2416. GRAMS. she concludes that the petitioning em- The PRESIDING OFFICER. No. 2416? (a) IN GENERAL.—Subject to subsection (c), ployer is assisting in the development Mr. ABRAHAM. No. 2416. in establishing demonstration programs of India’s nuclear energy program or The PRESIDING OFFICER. If there under section 452(c) of the Job Training any other nation engaged in the devel- is no objection, the first vote will be on Partnership Act (29 U.S.C. 1732(c)), as in ef- fect on the date of enactment of this Act, or opment of weapons of mass destruc- the Kennedy amendment No. 2418, fol- a successor Federal law, the Secretary of tion. lowed by a vote on the Kennedy amend- Labor shall establish demonstration pro- Obviously, a number of us in the Sen- ment No. 2417. Is there objection— grams to provide technical skills training for ate are concerned about the recent nu- Without objection, it is so ordered. workers, including incumbent workers. clear tests that have been conducted May 18, 1998 CONGRESSIONAL RECORD — SENATE S4993 and the concern about the proliferation national unemployment rate last National Academy of Sciences to ex- of weapons of mass destruction, and so month was only 4.3%. Even more re- amine the future training and edu- we have given the Attorney General markable, the unemployment rate for cation needs of American students to the power to intervene if she were to college graduates was only 1.7%. The ensure that their skills are matched to conclude that someone attempting to Bureau of Labor Statistics does not the needs of the information tech- use an H–1B visa would be somehow keep statistics for the information nology sector. The study would also as- connected to a program of that sort. technology sector, but most experts es- sess the need by the high-tech sector I also indicate I will be working with timate that the unemployment rate for foreign workers with specific skills, all interested Senators—and a number there has sunk to well below 1%. Var- and would examine the effects of in- of them have talked to us—about this ious studies are reporting hundreds of creasing globalization. By the time the to make sure these provisions are as ef- thousands of unfilled positions in the increase in visas is set to expire, Con- fective as possible in preventing these high tech sector. Last month rep- gress will have had an excellent oppor- visas from being used by anyone to as- resentatives of major American cor- tunity to re-examine the H–1B program sist in the development of weapons of porations like IBM could be found on in light of additional information and mass destruction. the beaches of Florida, recruiting col- new economic conditions, and hope- The PRESIDING OFFICER. Is there lege seniors on their Spring Break. fully there will be many more skilled further debate on the amendment? In short, Americans looking for work American workers to fill these jobs. Mr. LIEBERMAN addressed the are finding jobs like never before. But A progressive new idea included in Chair. in certain sectors of the economy, and the bill is the authorization of dem- The PRESIDING OFFICER. The Sen- in certain parts of the country, there onstration projects for technical skills ator from Connecticut. are not enough Americans able to fill training for workers, including incum- Mr. LIEBERMAN. I thank the Chair. all of the available jobs. The H–1B pro- bent workers, by local and regional I thank my friend and colleague from gram allows employers to hire skilled consortia of private sector groups. This Michigan, first, for his overall leader- foreign workers for six-year periods, is a very important addition to the bill, ship in introducing the underlying bill, provided that the employers pay them and I want to thank Senator ABRAHAM which I am pleased to be a cosponsor the same wages that other workers re- for including it. Two ideas behind the of, and, secondly, for being very ceive, and that the foreign workers are demonstration projects’ authorization thoughtful and accommodating in in- not employed in connection with a language in this bill can be particu- cluding the language he has described strike or a lock-out. All sorts of em- larly important. First, training our workforce with the skills needed for to- in this managers’ amendment which ployers benefit from the H–1B program, day’s industry must include the train- would authorize demonstration from corporations to universities to ing of incumbent workers. Training is projects for technical skills training non-profits, but at the moment it is now a lifelong process and should not for workers, including incumbent the rapidly growing hi-tech companies be withheld from people because they workers through local and regional that are most in need of additional already have a job. The Workforce In- consortia of private sector groups. skilled workers. vestment Partnership Act addressed Mr. President, this accomplishes two But it is not just those companies this issue by eliminating the income breakthroughs, I think. What it is that benefit from the H–1B program: in requirement for some of the Labor De- aimed at, first, is to focus not only on some senses, all Americans do. That is partment’s adult training programs. folks who are out of work, but people because the growth of the high tech We need to turn Labor Department sector has been a crucial element of who are in work but need training to programs into programs that industry our recent economic resurgence. It is hold their jobs and to upgrade them- wants to partner with, and a large part vitally important that we keep the jobs selves. The second is to stimulate com- of that metamorphosis must include associated with this vibrant industry panies to work together to train work- incumbent worker training. ers in a given area in which there is a here in the United States and that we The second important element of regional or local shortage. I thank Sen- keep this industry growing with the in- these demonstration projects is stimu- ator ABRAHAM and the other cosponsors novative ideas of the brightest people lating companies to work together. We of this amendment and the bill for the we can find. Unfortunately, at the need to change the institutional mind work they have done. present time our educational system is set of American companies so that Mr. President, I am one of many Sen- not producing enough graduates in the they will collaborate with each other ators who have cosponsored this bill, relevant fields of math, science, com- on training skilled workers for their but I wish to recognize the singular puters and engineering to keep up with industry. Many small and medium- achievements of my colleague, Senator demand. The long term solution to this sized companies cannot afford to run SPENCER ABRAHAM, for introducing the problem is obviously to encourage training programs by themselves. bill and for advancing it so thought- more education and job training of Some of the larger corporations have fully, so energetically, and so coopera- American citizens in high-tech fields, substantially cut their training pro- tively. and S. 1723 does speak to that need by grams because skilled workers move In one sense we are called upon to providing $50 million in matching funds quickly from one job to another in to- pass legislation to respond to a crisis, for educational scholarships as well as day’s labor market. Yet, all these com- as so often seems the case. Just last $10 million per year to train unem- panies may be competing in a region week the Immigration and Naturaliza- ployed workers in new skills. But in for the same pool of skilled labor. It tion Service announced that the 65,000 the short term, we must act quickly to only makes sense for these employers person cap on H–1B visas for fiscal year ensure that American information to join together to train workers in 1998 had been reached. Unless we act, technology companies are not forced to these skills. It makes sense for the gov- for the remaining five months of the slow their domestic operations or, ernment to be the coalescing force in fiscal year, American employers will be worse, move their operations overseas bringing these groups together to fill unable to hire the temporary foreign in search of the skilled foreign workers the regional community’s needs. We workers who help fill gaps in our very who would come to the U.S. if given hope that these demonstration projects tight labor market for skilled profes- the chance, The skilled foreign workers will show industry how successful such sionals. With each successive year, the employed under the H–1B program will regional skills alliances can be. backlog would only grow. Skilled for- keep their employers strong and grow- I thank Senator ABRAHAM and the eign professionals, many of them grad- ing so that they can hire even more other co-sponsors of the American uates of our finest universities, would American workers. Competitiveness Act for the time they be driven to jobs with our inter- Sentor ABRAHAM made an important have put into this bill, and I thank my national economic competitors. accommodation in Committee when he colleagues Senators KENNEDY and FEIN- But this crisis is different from other modified his bill so that the increase in STEIN for their very constructive ef- crises, for it reflects the good news H–1B visas would sunset after five forts as well. All of us are interested in that we are in the midst of a period of years. During the first years of that pe- what is best for the American econ- unprecedented economic growth. The riod, the bill calls for a study by the omy, and what is best for American S4994 CONGRESSIONAL RECORD — SENATE May 18, 1998 workers. I am supporting the American actually exist. That is why the provi- Mr. DOMENICI. Mr. President, I won- Competitiveness Act because I am con- sion in this bill as amended by the der if I might have 1 minute. vinced that the bill will strengthen Manager’s Amendment creates an in- The PRESIDING OFFICER. The Sen- economic opportunities for all Ameri- dustry-driven training program. ator is recognized for 1 minute. cans while we respond to the daunting Why does this new provision indicate Mr. DOMENICI. Mr. President, I rise but exciting challenges of this new the federal government needs to be in- to congratulate the Senator from high-tech age. volved? Because industry does not nor- Michigan. I believe the time for this Mr. President, I want to again com- mally cooperate in training workers. bill and this change in the quotas has pliment my colleague Senator ABRA- Small companies, and 90% of firms in come and he has had the courage and HAM for sponsoring S. 1723, the Amer- the United States are small businesses, the intelligence to see it and to bring ican Competitiveness Bill, which I don’t have the resources to invest in us a bill that will truly enhance our joined as a cosponsor because I believe lengthy training. Larger companies productivity and our capacity to man we need to address the issue of worker used to provide training programs, but the kind of high-tech programs that shortages in our high-tech industries. in the high-tech field, workers move this country so desperately needs to S. 1723 provides a short-term solution quickly from one job to another chas- stay up front. for the worker shortage by raising the ing higher salaries. Many companies Already in many parts of the country cap for H1–B visas, thereby keeping the are reticent to invest in long-term there are not the skilled workers nec- jobs here in the United States instead training for employees that may quick- essary for many of these jobs. This bill of forcing U.S. companies to move the ly move on. Cooperation within an in- won’t take care of all of that, but it is jobs overseas. It also provides for the dustry provides a solution to this pro- a recognition that a small portion of it longer term solution of educating and gram. This program is intended to spe- ought to take place as provided for in training our workforce so that Amer- cifically allow participation by small this legislation. ican workers can fill the jobs generated and medium-sized companies. The new I yield the floor. by this very fast growing segment of provision in the manager’s Amendment The PRESIDING OFFICER. The our economy. to S. 1723 would enable this approach. question is on agreeing to the amend- One provision in S. 1723, as adopted The government’s role under this ment numbered 2419. The amendment in the Manager’s Amendment, specifi- new provision would be to provide the (No. 2419) was agreed to. cally allows for demonstration pro- catalyst to bring the companies to- Mr. MCCAIN. Mr. President, I would grams to provide technical skills train- gether to cooperate on training. The like to commend Senator ABRAHAM for ing for workers, including incumbent federal funds that would be available the fine job he has done in guiding S. workers, by consortia of private indus- under this new provision should be 1723 through the legislative process. try councils. As the lead sponsor of matched by funds from the consortium. The American Competitiveness Act is this provision in the manager’s Amend- The Secretary of Labor would have the an important step forward in ensuring ment I want in these remarks to par- discretion to undertake this implemen- that America’s high-technology com- ticularly address the intent and mean- tation approach. Of course, available panies have the skilled personnel they ing of the provision. federal funds are meant only to start need to compete both domestically and These demonstration projects include the process—federal funding would end globally. two elements that I believe are essen- over time after which the consortia There is one area that I regret we tial to help us prepare our workforce would continue the cooperative train- were not able to work out: the issue of with the skills they need for today’s ing programs alone. the exploitation of visas, including H– fast-paced economy and help update In the last few years, a small number 1B visas, by foreign countries for train- our training programs for the needs of of regional and industry-based training ing individuals in fields essential for the 21st Century. These are, first, in- alliances in the United States have the development of weapons of mass cluding incumbent workers in training emerged, usually in partnership with destruction. I attempted to negotiate programs and, second, stimulating col- state and local governments and tech- language with the gentleman from laboration between companies to train nical colleges, that exemplify the type Michigan that would ensure that coun- a pool of skilled workers. of program on which this provision in tries like India, which recently deto- Employees now need to update their the Manager’s Amendment is modeled. nated five nuclear weapons, would not skills continually to remain competi- In Rhode Island, with help from the be able to send individuals to work in tive. The realty is that we have a glob- state’s Human Resource Investment the United States in a capacity that al economy and there is, more and Council, plastics firms developed a would enable them to return home more, a global workforce. If companies skills alliance. The Wisconsin Regional with sensitive knowledge on developing cannot find skilled workers in the Training Partnership, metal-working nuclear, chemical, or biological weap- United States, they will find them in firms in conjunction with the AFL– ons. Unfortunately, those negotiations another country. Realistically, we CIO, set up a teaching factory to train ended without a satisfactory resolu- must include workers who have jobs workers. Without some kind of sup- tion, and I remain very concerned now in training programs to upgrade port, such as created by the new provi- about this very serious problem. and update their skills so they can sion in this bill, to create alliances, When those of us who are original co- qualify for the changing needs of indus- small- and medium-sized firms just sponsors of the American Competitive- try, instead of waiting until they lose don’t have the time or resources to col- ness Act chose to support this bill, we their job or become dislocated workers laborate on training. In fact, almost all did not envision the most glaring and from a declining industry. the existing regional skills alliances ominous violation of international The demonstration projects described report that they would not have been norms to occur: the testing of multiple in the Manager’s Amendment to S. 1723 able to get off the ground without an nuclear weapons by the government of would allow the Secretary of Labor to independent, staff entity to operate the India. The repercussions of that series award grants to consortia, made up of alliance. Widespread and timely de- of tests are serious indeed; India’s rela- a number of companies in the same re- ployment of these kinds of partner- tions with Pakistan and China have gion, educational institutions, labor ships is simply not likely to happen long been confrontational, with four organizations, state and local govern- without the incentives established by a wars occurring between it and its ments, and private industry councils federal initiative, which would be cre- neighbors since it attained independ- established under section 102 of the Job ated by this provision. This provision ence from Britain. This ill-timed, ill- Training Partnership Act, or successor can help create successful models and considered decision to conduct nuclear entities. These consortia would develop templates that others can replicate tests, emanating as it did from the training programs for technical skills across the nation. most infantile and dangerous of mo- needed by a number of companies in I am very appreciative that Senator tives—the desire to be respected as a that region. Only with industry leading ABRAHAM has included the technical nuclear power—fully warranted the im- the skills training can we be sure that skills training provision in the man- mediate implementation of sanctions workers are being trained for jobs that ager’s amendment to S. 1723. against India. May 18, 1998 CONGRESSIONAL RECORD — SENATE S4995 If there is a consensus about any as- lowed to hire the foreign student, it be- ducted by Virginia Tech, found that pect of U.S. national security policy lieves it would still be searching for an there is a current vacancy rate of since the end of the Cold War, it is the engineer to perform the job. 346,000 high-technology positions in the threat to international stability posed This year and last, the 65,000 annual United States. The Labor Department by the proliferation of weapons of mass ceiling on H1–B workers has been projects that our economy will produce destruction, especially nuclear weap- reached. That means that for the next more than 130,000 information-tech- ons. By running on a platform of ele- four months, until the end of the fiscal nology jobs in each of the next ten vating its ‘‘bomb in the basement’’ ca- year, employers who cannot find Amer- years, for a total of more than 1.3 mil- pability to one of overtly brandishing ican workers to perform certain spe- lion positions. The Hudson Institute es- its capability to inflict widespread de- cialty jobs, including computer pro- timates that the unaddressed shortage struction, India’s new government has gramming, engineering, and other of skilled workers throughout the U.S. undermined our ability to contain the high-technology positions, will not will result in a five percent drop in the arms race in one of the world’s most have that work performed until the growth rate of GDP. inherently volatile regions. It is now 1999 fiscal year begins, this October 1. On the other hand, information pro- imperative that the United States For anyone who has ever run a business vided for the General Accounting Of- adopt every measure to ensure we do and experienced worker shortages, they fice about the Commerce Department’s not inadvertently contribute to India’s know that not being allowed to hire assessment of information-technology ability to further refine its nuclear necessary personnel can be devastat- shortages indicates that the Commerce weapons capabilities. For this reason, I ing. report contained serious methodologi- had hoped to have an amendment I support an increase in the cap for cal weaknesses. The GAO, however, adopted that would have addressed this this year. I also support a short term also found that its assessment should concern. increase, for five years, in the number ‘‘not necessarily lead to a conclusion As a cosponsor of the American Com- of aliens granted H1–B visas. With the that there is no shortage. Instead, as petitiveness Act, I understand the re- increasing number of high-technology the Commerce report states, additional quirements of U.S. industry for highly jobs, including positions related to the information and data are needed to skilled workers. Raising the cap on H– Year 2000 problem, and, until this year, more accurately characterize the IT 1B visas will aid American companies a decreasing number of students study- labor market now and in the future. in meeting that requirement. To the ing in high-tech-oriented majors, em- The GAO report also provided Bureau extent that India’s military-industrial ployers will be challenged in the near of Labor Statistics estimates on pro- complex can benefit from sending tech- term to find enough qualified workers. jected growth for high-technology jobs nicians and scientists to the United Having said this, however, I reiterate and found that, compared to the ex- States, however, the program can work that there are conflicting issues sur- pected 13 percent growth in other jobs against our own national security in- rounding the H1–B foreign worker de- by the year 2005, IT occupations are ex- terests. My amendment would have bate that must be examined and ad- pected to grow 60 percent over the helped to prevent that situation from dressed at the end of the five-year au- same period. coming about by prohibiting Indian na- thorization. When the full Judiciary Increasing wages of IT workers and tionals associated with its nuclear Committee considered S. 1723, the Judi- the unemployment rate of IT workers weapons program from attaining H–1B ciary Committee accepted my provi- also signal shortages in the IT field. visas. sion to limit the authorization to five But in these areas, there is also con- I hope to work with the chairman of years and require that various inter- flicting information. For example, re- the Immigration Subcommittee on the ests on both sides get together and ports conducted by consulting and in- future to help the Congress attain a issue a non-biased report within two terest groups found that salaries for IT better understanding of any possible years of enactment of the bill about workers rose higher than for other spe- correlation between foreign techni- labor market needs over the next ten cialty occupations in 1996 and 1997. But, cians, engineers and scientists working years for high-technology workers. according to the GAO, the percentage in the United States and the problem This study and report, to be overseen changes for the IT industry over the of proliferation. In the meantime, I re- by the National Science Foundation, period between 1983 and 1997 were com- iterate my strong support of S. 1723 and will include representatives with vary- parable to, or lower, than other spe- again thank the gentleman from ing interests for academia, business, ciality occupations. Such statistics Michigan for his hard and productive and government, and, among other may support the high-technology sec- work on this legislation. issues, will assess the future training tor’s anecdotal evidence that demand, Mr. KYL. Mr. President, I support S. and education needs of American stu- relative to other occupations in a pe- 1723, the American Competitiveness dents to ensure that their skills match riod of relatively low unemployment, Act. Business, professional associa- the needs of the IT industry over the has grown substantially over the past tions, and various governmental enti- next 10 years. It will also provide an couple of years. ties have presented convincing evi- analysis of progress made since 1998 by There are also anecdotal stories in dence of the need to raise the current educators, employers, and government leading newspapers about the difficulty 65,000 annual cap on H1–B workers. It is entities to improve the teaching and American college graduates are experi- also true that there is significant con- educational level of American students encing trying to enter the high-tech- flicting evidence, which is why I be- in the fields of math, science, computer nology job market. But, statistics lieve the requirement in the bill for a and engineering. about specific high-tech professions non-biased report on high-technology The report, and the requirement that paint a different picture. For example, labor needs is one of the most impor- the authorization be limited to five the unemployment rate among elec- tant provisions of the bill. years, is clearly necessary. My office trical engineers nationally is below one Over the past two years I have heard has been inundated with information percent. Anecdotal evidence points to- from numerous employers from around from government agencies, the high- ward one assessment but statistics the state of Arizona, including such technology industry, and professional seem to point toward high demand for major employers as Intel Corporation, associations that represent particular these U.S. workers. Motorola, the TRW, who have provided high-tech industries. But the informa- So, the required repot will serve as evidence and anecdotes about why tion has been inconsistent. For exam- an important tool in the reauthoriza- more H1–B workers are needed. For ex- ple, information we received from the tion of the H1–B program, but regard- ample, TRW tells about a foreign stu- Commerce Department indicates that less of the outcome of the report, it is dent it hired from an American univer- the United States is currently experi- very important for the private sector sity because the foreign student was encing a significant high-technology and for government, all the way up to the only individual who could produce worker shortage and over the next 10 the Executive Branch, to encourage a formula to redesign a component of years, the U.S. will generate more than young people to be fully prepared, first, the ‘‘air-bag’’ to make it safer and bet- 100,000 information-technology jobs an- for job markets where there is an abun- ter designed. If TRW had not been al- nually. An interest group study, con- dance of jobs and, second, for the very S4996 CONGRESSIONAL RECORD — SENATE May 18, 1998 jobs that will keep America strong and AMENDMENT NO. 2418 amendment of the Senator from Massa- competitive on a global basis. To that Mr. ABRAHAM. I move to table the chusetts. end, I am supportive of the bill’s provi- amendment by the Senator from Mas- Mr. ABRAHAM. Mr. President, I sion to authorize $50 million in scholar- sachusetts and I ask for the yeas and move to table the second Kennedy ships for low-income students pursuing nays. amendment numbered 2417, and I also degrees in math, engineering, and The PRESIDING OFFICER. Is there a seek unanimous consent that the fol- science. It is my hope that the provi- sufficient second? lowing rollcall votes be 10 minutes in sion, coupled with related provisions in There is a sufficient second. duration. the Senate-passed job-training consoli- The yeas and nays were ordered. The PRESIDING OFFICER. The Sen- dation bill and the National Science The PRESIDING OFFICER (Mr. ators are advised that there are 2 min- Foundation reauthorization, will help HAGEL). The question is on the motion utes of debate. young people go into high tech fields. to table amendment 2418 offered by the Mr. LOTT. Mr. President, there was a There are other aspects of this legis- Senator from Massachusetts, Mr. KEN- unanimous consent request that the lation that I want to highlight. As for- NEDY. The Yeas and nays have been or- next votes be reduced to 10 minutes eign workers continue to be admitted dered. each. into the American workforce, and as The clerk will call the roll. The PRESIDING OFFICER. Without the five-year reauthorization pro- The assistant legislative clerk called objection, it is so ordered. gresses, I will work with the State De- the roll. The Senator from Massachusetts is partment and the Immigration and Mr. NICKLES. I announce that the recognized. Mr. KENNEDY. Mr. President, in my Naturalization Service to scrutinize Senator from North Carolina (Mr. amendment we are basically saying let which workers really make up our pop- FAIRCLOTH) is necessarily absent. the best and the brightest come into ulation of H1–B workers. Let’s make Mr. FORD. I announce that the Sen- the United States on the basis of their sure that the H1–B program only ad- ator from Michigan (Mr. LEVIN) is nec- extraordinary contributions in our re- mits those workers who will perform a essarily absent. search facilities or universities or I further announce that, if present ‘‘specialty occupation’’ as defined by other places. the Immigration and Nationality Act, and voting, the Senator from Michigan But the fact of the matter is that including the following; the individual (Mr. LEVIN) would vote ‘‘nay.’’ most of jobs for which employers seek possesses unique knowledge or skills; The PRESIDING OFFICER. Are there H–1B workers pay $75,000 or less, and 75 the individual can localize a product any other Senators in the Chamber de- percent of them are $50,000 or less. based on native knowledge of language siring to vote? Those are good jobs for Americans. We or culture of the foreign market; the The result was announced—yeas 60, are saying: Make sure you are going to individual will contribute to a compa- nays 38, as follows: offer it to an American before you are ny’s global presence; or, an employer [Rollcall Vote No. 138 Leg.] going to apply to hire a foreign worker. finds an inadequate number of highly YEAS—60 We prescribe in our amendment that qualified American workers to fill the Abraham Frist Mack recruitment standard is whatever the job. Allard Gorton McCain industry does normally when recruit- In addition, it is important to under- Ashcroft Graham McConnell ing workers. If employers follow that stand the dynamics by which H1–B em- Baucus Gramm Murkowski Bennett Grams Murray procedure, all they have to do is attest ployees come to stay in the United Bingaman Grassley Nickles that they have followed those proce- States permanently, instead of return- Bond Gregg Roberts dures and they are protected. ing home after the six years they are Brownback Hagel Roth These are good jobs. Americans are Burns Hatch Santorum authorized to work in this country Chafee Helms Sessions qualified for these jobs, and we ought under the visa. While it is true that in Cleland Hutchinson Shelby to put American workers first. That is 1990, immigration reforms made it pos- Coats Hutchison Smith (NH) what this amendment is about. sible for H1–B workers to, with ‘‘dual Cochran Inhofe Smith (OR) Mr. President, before we vote, I Collins Jeffords Snowe intent,’’ enter the United States on an Coverdell Kempthorne Specter would like to thank Senator ABRAHAM H1–B visa and then remain in the Craig Kohl Stevens for his courtesies in this debate, and United States permanently, I believe it D’Amato Kyl Thomas his staff, Lee Otis, Stuart Anderson DeWine Lieberman Thompson is important to know how many immi- Domenici Lott Thurmond and Cesar Conda. I would also like to grants are entering the United States Enzi Lugar Warner thank my own staff, Michael Myers, on an H1–B visa and then staying here my staff director, and Sandy NAYS—38 permanently. Shipshock, who has worked diligently Finally, it is very important that the Akaka Feingold Leahy Biden Feinstein Mikulski for many months on my staff as a Labor Department respond to ques- Boxer Ford Moseley-Braun Pearson Fellow from the State Depart- tions posed in March by Immigration Breaux Glenn Moynihan ment. I am deeply grateful for their Subcommittee Chairman SPENCER Bryan Harkin Reed help. Bumpers Hollings Reid ABRAHAM about abuses in the H1–B pro- Byrd Inouye Robb Mr. ABRAHAM. Mr. President, our gram. It is important to understand Campbell Johnson Rockefeller legislation puts America’s workers why the number of complaints about Conrad Kennedy Sarbanes first, and it severely punishes anybody the H1–B process are so few. I support Daschle Kerrey Torricelli who tries to do otherwise. Dodd Kerry Wellstone the provisions of the bill that increase Dorgan Landrieu Wyden But the provisions in the regulations penalties to $25,000 per violation and Durbin Lautenberg that would be necessary to implement provide for a two-year debarment from NOT VOTING—2 this amendment would give the Depart- the H1–B program for employers who ment of Labor dramatic intrusive pow- Faircloth Levin willfully violate the law, but we need ers to intervene in hiring decisions of to know more about whether or not a The motion to table the amendment high-tech companies involving tem- substantial number of employers do or (No. 2418) was agreed to. porary workers. In the permanent do not violate H1–B immigration law. Mr. ABRAHAM. Mr. President, I worker category, these kinds of provi- Mr. President, I will support passage move to reconsider the vote by which sions typically delay a hiring decision of S. 1723. Companies in the United the motion to lay on the table was by as much as 2 years. We oppose that States must not be impeded from hir- agreed to. in the temporary category. It would ing needed employees. I look forward Mr. BOND. I move to lay that motion have the effect, Mr. President, of set- to a comprehensive assessment of high- on the table. ting back the entire temporary worker technology employer needs from the The motion to lay on the table was program when we need it most—as we report included in the bill and to criti- agreed to. are trying to address the year 2000 cally applying that assessment when AMENDMENT NO. 2417 problem and other immediate emer- we look at and reauthorize the H1–B The PRESIDING OFFICER. The gencies before us. For that reason, I program in five years. question now is on agreeing to the propose that we vote to table. May 18, 1998 CONGRESSIONAL RECORD — SENATE S4997 The PRESIDING OFFICER. Is the Mr. BUMPERS. Could we have a lit- The clerk will call the roll. Senator making a motion to table the tle order, please? The legislative clerk called the roll. amendment? The PRESIDING OFFICER. The Sen- Mr. NICKLES. I announce that the Mr. ABRAHAM. Mr. President, I did ate will be in order. Senator from North Carolina (Mr. move to table earlier. Mr. BUMPERS. Mr. President, in 1989 FAIRCLOTH) is necessarily absent. I guess the Presiding Officer did not this body adopted a provision that said Mr. FORD. I announce that the Sen- hear. anybody who will invest $500,000 or $1 ator from Michigan (Mr. LEVIN) is nec- Mr. KENNEDY. I ask for the yeas and million in this country and create or essarily absent. nays, Mr. President. maintain 10 jobs can get a green card I further announce that, if present The PRESIDING OFFICER. Is there a for 2 years and, 3 years later, have and voting, the Senator from Michigan sufficient second? American citizenship. The program (Mr. LEVIN) would vote ‘‘nay.’’ There is a sufficient second. never took off, and since that time a The result was announced—yeas 74, The yeas and nays were ordered. cottage industry has grown up of peo- nays 24, as follows: The PRESIDING OFFICER. The ple who were advertising in Taiwan and [Rollcall Vote No. 140 Leg.] question is on agreeing to the motion Oman and saying: ‘‘$100,000 is all you YEAS—74 of the Senator from Michigan to lay on need. You give us a $400,000 promissory Abraham Enzi Lieberman the table the amendment of the Sen- note, you still get your green card.’’ Akaka Feinstein Lott Ashcroft Ford Lugar ator from Massachusetts. On this ques- The INS says it is impossible to mon- Bennett Frist Mack tion, the yeas and nays have been or- itor. You don’t know where these peo- Bond Gorton McCain dered, and the clerk will call the roll. ple are coming from; you don’t know Boxer Graham McConnell The legislative clerk called the roll. where their money is coming from. Breaux Gramm Moseley-Braun Brownback Grams Murkowski Mr. NICKLES. I announce that the Mr. President, what we are doing al- Bryan Grassley Nickles Senator from North Carolina (Mr. lowing this to continue —and the INS Burns Gregg Reid FAIRCLOTH), is necessarily absent. says it is a disaster—is cheapening Byrd Hagel Robb Mr. FORD. I announce that the Sen- Campbell Hatch Rockefeller American citizenship. You want for- Chafee Helms Roth ator from Michigan (Mr. LEVIN), is nec- eign investment? Give them tax Coats Hutchison Santorum essarily absent. breaks. Do not—do not—cheapen Amer- Cochran Inhofe Sessions I further announce that, if present ican citizenship. These are not the Collins Inouye Shelby Coverdell Jeffords Smith (NH) and voting, the Senator from Michigan tired, these are not the poor, these are Craig Johnson Snowe (Mr. LEVIN) would vote ‘‘nay.’’ not the huddled masses. These are peo- D’Amato Kempthorne Specter The result was announced—yeas 59, ple from Hong Kong, Korea, the Pacific Daschle Kennedy Stevens nays 39, as follows: DeWine Kerry Thomas rim, who don’t even come here; they Dodd Kohl Thompson [Rollcall Vote No. 139 Leg.] send $100,000. They don’t even want our Domenici Kyl Thurmond YEAS—59 citizenship, because they have to pay Dorgan Lautenberg Warner Durbin Leahy Abraham Gorton McCain taxes. Allard Graham McConnell It is a terrible, shameful thing. It is NAYS—24 Ashcroft Gramm Murkowski downright vulgar. I plead with you, Allard Glenn Murray Baucus Grams Murray Baucus Harkin Reed Bennett Grassley Nickles vote to strike that provision from the bill. Biden Hollings Roberts Bond Gregg Roberts Bingaman Hutchinson Sarbanes Brownback Hagel Roth The PRESIDING OFFICER. The Sen- Bumpers Kerrey Smith (OR) Burns Hatch Santorum ator from Michigan. Cleland Landrieu Torricelli Chafee Helms Sessions Mr. ABRAHAM. Mr. President, this Conrad Mikulski Wellstone Cleland Hutchinson Shelby Feingold Moynihan Wyden Coats Hutchison Smith (NH) program is a very small program. It is Cochran Inhofe Smith (OR) a maximum of 1,000 visas a year. It NOT VOTING—2 Collins Jeffords Snowe means people who come to this country Faircloth Levin Coverdell Kempthorne Specter Craig Kohl Stevens to create jobs will be given a chance to The motion to lay on the table the D’Amato Kyl Thomas do so. We have not examined or studied amendment (No. 2416) was agreed to. DeWine Lieberman Thompson some of the complaints that have been Mr. ABRAHAM. I move to reconsider Domenici Lott Thurmond Enzi Lugar Warner brought forth in both today’s debate the vote. Frist Mack and in the news media in our sub- Mr. BENNETT. I move to lay that NAYS—39 committee. Until we do, I urge the Sen- motion on the table. ate not to eliminate this program. I be- The motion to lay on the table was Akaka Durbin Lautenberg Biden Feingold Leahy lieve it is creating jobs, not taking agreed to. Bingaman Feinstein Mikulski them away. EXPLANATION OF ABSENCE Boxer Ford Moseley-Braun Mr. BUMPERS. Mr. President, I ask Mr. LEVIN. Mr. President, because of Breaux Glenn Moynihan unanimous consent for 5 seconds. Bryan Harkin Reed a flight cancellation and delays, I Bumpers Hollings Reid The PRESIDING OFFICER. Without missed three votes this afternoon. If I Byrd Inouye Robb objection, it is so ordered. were here, I would have voted against Campbell Johnson Rockefeller Mr. BUMPERS. The distinguished tabling all three amendments. While Conrad Kennedy Sarbanes Daschle Kerrey Torricelli Senator from Michigan said 1,000 slots. there are times when a temporary in- Dodd Kerry Wellstone It is 10,000 slots. crease in High-Skilled Worker Visas is Dorgan Landrieu Wyden The PRESIDING OFFICER. The Sen- necessary, this bill doesn’t adequately NOT VOTING—2 ator from Michigan. protect American workers, and I am Mr. ABRAHAM. Mr. President, I Faircloth Levin therefore unable to support the bill on move to table the Bumpers amend- final passage. The motion to lay on the table the ment. Mr. ABRAHAM addressed the Chair. amendment (No. 2417) was agreed to. Mr. President, I ask for the yeas and The PRESIDING OFFICER. The Sen- Mr. ABRAHAM. Mr. President, I nays. ator from Michigan. move to reconsider the vote. The PRESIDING OFFICER. Is there a Mr. ABRAHAM. Parliamentary in- Mr. D’AMATO. I move to lay that sufficient second? quiry. motion on the table. There is a sufficient second. Have the yeas and nays been ordered The motion to lay on the table was The yeas and nays were ordered. on final passage? agreed to. The PRESIDING OFFICER. The The PRESIDING OFFICER. They AMENDMENT NO. 2416 question now occurs on the motion to have not. The PRESIDING OFFICER. The table amendment No. 2416 offered by Mr. ABRAHAM. I ask for the yeas pending question is on agreeing to the the Senator from Arkansas, Mr. BUMP- and nays. Bumpers amendment, No. 2416. ERS. The PRESIDING OFFICER. Is there a The Senator from Arkansas. The yeas and nays have been ordered. sufficient second? S4998 CONGRESSIONAL RECORD — SENATE May 18, 1998 There appears to be. (2) Companies across America are faced with the Attorney General an application The yeas and nays were ordered. with severe high skill labor shortages that under section 212(n)(1).’’. The PRESIDING OFFICER. The threaten their competitiveness. (2) CONFORMING AMENDMENTS.— question is on agreeing to the commit- (3) The National Software Alliance, a con- (A) Section 212(n)(1) is amended by insert- sortium of concerned government, industry, ing ‘‘or (c)’’ after ‘‘section 101(a)(15)(H)(i)(b)’’ tee amendment in the nature of a sub- and academic leaders that includes the each place it appears. stitute, as amended. United States Army, Navy, and Air Force, (B) Section 214(i) is amended by inserting The committee amendment in the has concluded that ‘‘The supply of computer ‘‘or (c)’’ after ‘‘section 101(a)(15)(H)(i)(b)’’ nature of a substitute, as amended, was science graduates is far short of the number each place it appears. agreed to. needed by industry.’’. The Alliance concludes (3) TRANSITION RULE.—Any petition filed The PRESIDING OFFICER. The that the current severe understaffing could prior to the date of enactment of this Act, question is on the engrossment and lead to inflation and lower productivity. for issuance of a visa under section (4) The Department of Labor projects that third reading of the bill. 101(a)(15)(H)(i)(b) of the Immigration and Na- the United States economy will produce tionality Act on behalf of an alien described The bill was ordered to be engrossed more than 130,000 information technology in the amendment made by paragraph (1)(B) for a third reading, and was read the jobs in each of the next 10 years, for a total shall, on and after that date, be treated as a third time. of more than 1,300,000. petition filed under section 101(a)(15)(H)(i)(c) The PRESIDING OFFICER. The (5) Between 1986 and 1995, the number of of that Act, as added by paragraph (1). question is, Shall the bill pass? The bachelor’s degrees awarded in computer (b) ANNUAL CEILINGS FOR H1–B AND H1–C yeas and nays have been ordered. The science declined by 42 percent. Therefore, WORKERS.— any short-term increases in enrollment may (1) AMENDMENT OF THE INA.—Section clerk will call the roll. only return the United States to the 1986 The legislative clerk called the roll. 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended to level of graduates and take several years to read as follows: Mr. NICKLES. I announce that the produce these additional graduates. ‘‘(g)(1) The total number of aliens who may Senator from New York (Mr. D’AMATO) (6) A study conducted by Virginia Tech for be issued visas or otherwise provided non- and the Senator from North Carolinaa the Information Technology Association of immigrant status during any fiscal year— (Mr. FAIRCLOTH) are necessarily absent. America estimates that there are more than ‘‘(A) under section 101(a)(15)(H)(i)(b)— The result was announced—yeas 78, 340,000 unfilled positions for highly skilled ‘‘(i) for each of fiscal years 1992 through information technology workers in Amer- nays 20, as follows: 1997, and for any other fiscal year for which ican companies. this subsection does not specify a higher [Rollcall Vote No. 141 Leg.] (7) The Hudson Institute estimates that ceiling, may not exceed 65,000, YEAS—78 the unaddressed shortage of skilled workers ‘‘(ii) for fiscal year 1998, may not exceed throughout the United States economy will Abraham Enzi Lieberman 95,000, Allard Feinstein Lott result in a 5-percent drop in the growth rate ‘‘(iii) for fiscal year 1999, may not exceed Ashcroft Ford Lugar of GDP. That translates into approximately the number determined for fiscal year 1998 Baucus Frist Mack $200,000,000,000 in lost output, nearly $1,000 under such section, minus 10,000, plus the Bennett Gorton McCain for every American. number of unused visas under subparagraph Bingaman Graham McConnell (8) It is necessary to deal with the current Bond Gramm Murkowski (B) for the fiscal year preceding the applica- situation with both short-term and long- ble fiscal year, and Boxer Grams Murray term measures. Breaux Grassley Nickles ‘‘(iv) for fiscal year 2000, and each applica- (9) In fiscal year 1997, United States com- Brownback Gregg Reed ble fiscal year thereafter through fiscal year panies and universities reached the cap of Bryan Hagel Reid 2002, may not exceed the number determined 65,000 on H–1B temporary visas a month be- Burns Hatch Robb for fiscal year 1998 under such section, minus fore the end of the fiscal year. In fiscal year Campbell Helms Roberts 10,000, plus the number of unused visas under Chafee Hollings Roth 1998 the cap is expected to be reached as subparagraph (B) for the fiscal year preced- Cleland Hutchison Santorum early as May if Congress takes no action. ing the applicable fiscal year, plus the num- Coats Inhofe Sessions And it will be hit earlier each year until ber of unused visas under subparagraph (C) Cochran Inouye Shelby backlogs develop of such a magnitude as to Collins Jeffords Smith (NH) for the fiscal year preceding the applicable prevent United States companies and re- Conrad Johnson Smith (OR) fiscal year; searchers from having any timely access to Coverdell Kempthorne Snowe ‘‘(B) under section 101(a)(15)(H)(ii)(b), be- skilled foreign-born professionals. Craig Kerrey Specter ginning with fiscal year 1992, may not exceed Daschle Kohl Stevens (10) It is vital that more American young 66,000; or DeWine Kyl Thompson people be encouraged and equipped to enter ‘‘(C) under section 101(a)(15)(H)(i)(c), begin- Dodd Landrieu Thurmond technical fields, such as mathematics, engi- ning with fiscal year 1999, may not exceed Domenici Lautenberg Warner neering, and computer science. Dorgan Leahy Wyden 10,000. (11) If American companies cannot find NAYS—20 home-grown talent, and if they cannot bring For purposes of determining the ceiling under subparagraph (A) (iii) and (iv), not Akaka Harkin Moynihan talent to this country, a large number are Biden Hutchinson Rockefeller likely to move key operations overseas, more than 20,000 of the unused visas under Bumpers Kennedy Sarbanes sending those and related American jobs subparagraph (B) may be taken into account Byrd Kerry Thomas with them. for any fiscal year.’’. Durbin Levin Torricelli (12) Inaction in these areas will carry sig- (2) TRANSITION PROCEDURES.—Any visa Feingold Mikulski Wellstone nificant consequences for the future of issued or nonimmigrant status otherwise ac- Glenn Moseley-Braun American competitiveness around the world corded to any alien under clause (i)(b) or NOT VOTING—2 and will seriously undermine efforts to cre- (ii)(b) of section 101(a)(15)(H) of the Immigra- tion and Nationality Act pursuant to a peti- D’Amato Faircloth ate and keep jobs in the United States. SEC. 3. INCREASED ACCESS TO SKILLED PERSON- tion filed during fiscal year 1998 but ap- The bill (S. 1723), as amended, was NEL FOR UNITED STATES COMPA- proved on or after October 1, 1998, shall be passed as follows: NIES AND UNIVERSITIES. counted against the applicable ceiling in sec- S. 1723 (a) ESTABLISHMENT OF H1–C NONIMMIGRANT tion 214(g)(1) of that Act for fiscal year 1998 CATEGORY.— (as amended by paragraph (1) of this sub- Be it enacted by the Senate and House of Rep- (1) IN GENERAL.—Section 101(a)(15)(H)(i) (8 section), except that, in the case where resentatives of the United States of America in U.S.C. 1101(a)(15)(H)(i)) is amended— counting the visa or the other granting of Congress assembled, (A) by inserting ‘‘and other than services status would cause the applicable ceiling for SECTION 1. SHORT TITLE; REFERENCES IN ACT. described in clause (c)’’ after ‘‘subparagraph fiscal year 1998 to be exceeded, the visa or (a) SHORT TITLE.—This Act may be cited as (O) or (P)’’; and grant of status shall be counted against the the ‘‘American Competitiveness Act’’. (B) by inserting after ‘‘section 212(n)(1)’’ applicable ceiling for fiscal year 1999. (b) REFERENCES IN ACT.—Except as other- the following: ‘‘, or (c) who is coming tempo- SEC. 4. EDUCATION AND TRAINING IN SCIENCE wise specifically provided in this Act, when- rarily to the United States to perform labor AND TECHNOLOGY. ever in this Act an amendment or repeal is as a health care worker, other than a physi- (a) DEGREES IN MATHEMATICS, COMPUTER expressed as an amendment to or a repeal of cian, in a specialty occupation described in SCIENCE, AND ENGINEERING.—Subpart 4 of a provision, the reference shall be deemed to section 214(i)(1), who meets the requirements part A of title IV of the Higher Education be made to the Immigration and Nationality of the occupation specified in section Act of 1965 (20 U.S.C. 1070c et seq.) is amend- Act (8 U.S.C. 1101 et seq.). 214(i)(2), who qualifies for the exemption ed in section 415A(b) (20 U.S.C. 1070c(b)), by SEC. 2. FINDINGS. from the grounds of inadmissibility de- adding at the end the following new para- Congress makes the following findings: scribed in section 212(a)(5)(C), and with re- graph: (1) American companies today are engaged spect to whom the Attorney General cer- ‘‘(3) MATHEMATICS, COMPUTER SCIENCE, AND in fierce competition in global markets. tifies that the intending employer has filed ENGINEERING SCHOLARSHIPS.—It shall be a May 18, 1998 CONGRESSIONAL RECORD — SENATE S4999 permissible use of the funds made available ‘‘(III) The term ‘United States worker’ when the job opportunity is covered by pro- to a State under this section for the State to means— fessional sports league rules or regulations, establish a scholarship program for eligible ‘‘(aa) a citizen or national of the United the wage set forth in those rules or regula- students who demonstrate financial need and States; tions shall be considered as not adversely af- who seek to enter a program of study leading ‘‘(bb) an alien who is lawfully admitted for fecting the wages of United States workers to a degree in mathematics, computer permanent residence; or similarly employed and be considered the science, or engineering.’’. ‘‘(cc) an alien authorized to be employed prevailing wage. SEC. 5. INCREASED ENFORCEMENT PENALTIES by this Act or by the Attorney General.’’. ‘‘(3) To determine the prevailing wage, em- AND IMPROVED OPERATIONS. (d) PROHIBITION OF USE OF H–1B VISAS BY ployers may use either government or non- (a) INCREASED PENALTIES FOR VIOLATIONS EMPLOYERS ASSISTING IN INDIA’S NUCLEAR government published surveys, including in- OF H1–B OR H1–C PROGRAM.—Section WEAPONS PROGRAM.—Section 214(c) is amend- dustry, region, or statewide wage surveys, to 212(n)(2)(C) (8 U.S.C. 1182(n)(2)(C)) is amend- ed— determine the prevailing wage, which shall ed— (1) by redesignating paragraphs (6), (7), and be considered correct and valid if the survey (1) by striking ‘‘a failure to meet’’ and all (8) as paragraphs (7), (8), and (9), respec- was conducted in accordance with generally that follows through ‘‘an application—’’ and tively; and accepted industry standards and the em- inserting ‘‘a willful failure to meet a condi- (2) by inserting after paragraph (5) the fol- ployer has maintained a copy of the survey tion in paragraph (1) or a willful misrepre- lowing new paragraph: information.’’. sentation of a material fact in an applica- ‘‘(6) The Attorney General shall not ap- (h) POSTING REQUIREMENT.—Section tion—’’; and prove a petition under section 212(n)(1)(C)(ii) (8 U.S.C. 1182(n)(1)(C)(ii)) is amended to read as follows: (2) in clause (i), by striking ‘‘$1,000’’ and in- 101(a)(15)(H)(i)(b) for any employer that has ‘‘(ii) if there is no such bargaining rep- serting ‘‘$5,000’’. knowledge or reasonable cause to know that (b) SPOT INSPECTIONS DURING PROBATION- the employer is providing material assist- resentative, has provided notice of filing in ARY PERIOD.—Section 212(n)(2) (8 U.S.C. ance for the development of nuclear weapons the occupational classification through such 1182(n)(2)) is amended— in India or any other country.’’. methods as physical posting in a conspicuous (1) by redesignating subparagraph (D) as (e) EXPEDITED REVIEWS AND DECISIONS.— location, or electronic posting through an in- subparagraph (E); and Section 214(c)(2)(C) (8 U.S.C. 1184(c)(2)(C)) is ternal job bank, or electronic notification (2) by inserting after subparagraph (C) the amended by inserting ‘‘or section available to employees in the occupational following: 101(a)(15)(H)(i)(b)’’ after ‘‘section classification.’’. ‘‘(D) The Secretary of Labor may, on a 101(a)(15)(L)’’. SEC. 6. ANNUAL REPORTS ON H1–B VISAS. case-by-case basis, subject an employer to (f) DETERMINATIONS ON LABOR CONDITION Section 212(n) (8 U.S.C. 1182(n)) is amended random inspections for a period of up to five APPLICATIONS TO BE MADE BY ATTORNEY by adding at the end the following: years beginning on the date that such em- GENERAL.— ‘‘(3) Using data from petitions for visas ployer is found by the Secretary of Labor to (1) IN GENERAL.—Section 101(a)(15)(H)(i)(b) issued under section 101(a)(15)(H)(i)(b), the have engaged in a willful failure to meet a (8 U.S.C. 1101(a)(15)(H)(i)(b)) is amended by Attorney General shall annually submit the condition of subparagraph (A), or a misrepre- striking ‘‘with respect to whom’’ and all that following reports to Congress: sentation of material fact in an applica- follows through ‘‘with the Secretary’’ and in- ‘‘(A) Quarterly reports on the numbers of tion.’’. serting ‘‘with respect to whom the Attorney aliens who were provided nonimmigrant sta- (c) LAYOFF PROTECTION FOR UNITED STATES General determines that the intending em- tus under section 101(a)(15)(H)(i)(b) during WORKERS.—Section 212(n)(2) (8 U.S.C. ployer has filed with the Attorney General’’. the previous quarter and who were subject to 1182(n)(2)), as amended by subsection (b), is (2) CONFORMING AMENDMENTS.—Section the numerical ceiling for the fiscal year es- further amended by adding at the end the 212(n) (8 U.S.C. 1182(n)(1)) is amended— tablished under section 214(g)(1). following: (A) in paragraph (1)— ‘‘(B) Annual reports on the occupations ‘‘(F)(i) If the Secretary finds, after notice (i) in the first sentence, by striking ‘‘Sec- and compensation of aliens provided non- and opportunity for a hearing, a willful fail- retary of Labor’’ and inserting ‘‘Attorney immigrant status under such section during ure to meet a condition in paragraph (1) or a General’’; the previous fiscal year.’’. willful misrepresentation of a material fact (ii) in the sixth and eighth sentences, by SEC. 7. STUDY AND REPORT ON HIGH-TECH- in an application, in the course of which the inserting ‘‘of Labor’’ after ‘‘Secretary’’ each NOLOGY LABOR MARKET NEEDS. employer has replaced a United States work- place it appears; (a) STUDY.—The National Science Founda- er with a nonimmigrant described in section (iii) in the ninth sentence, by striking tion shall oversee a study involving the par- 101(a)(15)(H)(i) (b) or (c) within the 6-month ‘‘Secretary of Labor’’ and inserting ‘‘Attor- ticipation of individuals representing a vari- period prior to, or within 90 days following, ney General’’; ety of points of view, including representa- the filing of the application— (iv) by amending the tenth sentence to tives from academia, government, business, ‘‘(I) the Secretary shall notify the Attor- read as follows: ‘‘Unless the Attorney Gen- and other appropriate organizations, to as- ney General of such finding, and may, in ad- eral finds that the application is incomplete sess the labor market needs for workers with dition, impose such other administrative or obviously inaccurate, the Attorney Gen- high technology skills during the 10-year pe- remedies (including civil monetary penalties eral shall provide the certification described riod beginning on the date of enactment of in an amount not to exceed $25,000 per viola- in section 101(a)(15)(H)(i)(b) and adjudicate this Act. The study shall focus on the follow- tion) as the Secretary determines to be ap- the nonimmigrant visa petition.’’; and ing issues: propriate; and (v) by inserting in full measure margin (1) The future training and education needs ‘‘(II) the Attorney General shall not ap- after subparagraph (D) the following new of the high-technology sector over that 10- prove petitions filed with respect to the em- sentence: ‘‘Such application shall be filed year period, including projected job growth ployer under section 204 or 214(c) during a pe- with the employer’s petition for a non- for high-technology issues. riod of at least 2 years for aliens to be em- immigrant visa for the alien, and the Attor- (2) Future training and education needs of ployed by the employer. ney General shall transmit a copy of such United States students to ensure that their ‘‘(ii) For purposes of this subparagraph: application to the Secretary of Labor.’’; and skills, at various levels, are matched to the ‘‘(I) The term ‘replace’ means the employ- (B) in the first sentence of paragraph needs of the high technology and informa- ment of the nonimmigrant at the specific (2)(A), by striking ‘‘Secretary’’ and inserting tion technology sector over that 10-year pe- place of employment and in the specific em- ‘‘Secretary of Labor’’. riod. ployment opportunity from which a United (g) PREVAILING WAGE CONSIDERATIONS.— (3) An analysis of progress made by edu- States worker with substantially equivalent Section 101 (8 U.S.C. 1101) is amended by add- cators, employers, and government entities qualifications and experience in the specific ing at the end the following new subsection: to improve the teaching and educational employment opportunity has been laid off. ‘‘(i)(1) In computing the prevailing wage level of American students in the fields of ‘‘(II) The term ‘laid off ’, with respect to an level for an occupational classification in an math, science, computer, and engineering individual, means the individual’s loss of em- area of employment for purposes of section since 1998. ployment other than a discharge for inad- 212(n)(1)(A)(i)(II) and section 212(a)(5)(A) in (4) An analysis of the number of United equate performance, violation of workplace the case of an employee of— States workers currently or projected to rules, cause, voluntary departure, voluntary ‘‘(A) an institution of higher education (as work overseas in professional, technical, and retirement, or the expiration of a grant, con- defined in section 1201(a) of the Higher Edu- managerial capacities. tract, or other agreement. The term ‘laid off’ cation Act of 1965), or a related or affiliated (5) The following additional issues: does not include any situation in which the nonprofit entity, or (A) The need by the high-technology sector individual involved is offered, as an alter- ‘‘(B) a nonprofit or Federal research insti- for foreign workers with specific skills. native to such loss of employment, a similar tute or agency, (B) The potential benefits gained by the employment opportunity with the same em- the prevailing wage level shall only take universities, employers, and economy of the ployer at the equivalent or higher compensa- into account employees at such institutions, United States from the entry of skilled pro- tion and benefits as the position from which entities, and agencies in the area of employ- fessionals in the fields of science and engi- the employee was discharged, regardless of ment. neering. whether or not the employee accepts the ‘‘(2) With respect to a professional athlete (C) The extent to which globalization has offer. (as defined in section 212(a)(5)(A)(iii)(II)) increased since 1998. S5000 CONGRESSIONAL RECORD — SENATE May 18, 1998 (D) The needs of the high-technology sec- a usual academic activity or activities, as (1) by striking ‘‘Before’’ and inserting ‘‘(a) tor to localize United States products and defined by the Attorney General in consulta- IN GENERAL.—Before’’, and services for export purposes in light of the tion with the Secretary of Education, if such (2) by adding at the end the following new increasing globalization of the United States payment is offered by an institution of high- subsection: and world economy. er education (as defined in section 1201(a) of ‘‘(b) PASSPORTS ISSUED FOR CHILDREN (E) An examination of the amount and the Higher Education Act of 1965) or other UNDER 16.— trend of high technology work that is out- nonprofit entity and is made for services ‘‘(1) SIGNATURES REQUIRED.—In the case of sourced from the United States to foreign conducted for the benefit of that institution a child under the age of 16, the written appli- countries. or entity.’’. cation required as a prerequisite to the (b) REPORT.—Not later than October 1, 2000, SEC. 10. SPECIAL IMMIGRANT STATUS FOR CER- issuance of a passport for such child shall be the National Science Foundation shall sub- TAIN NATO CIVILIAN EMPLOYEES. signed by— mit a report containing the results of the (a) IN GENERAL.—Section 101(a)(27) of the ‘‘(A) both parents of the child if the child study described in subsection (a) to the Com- Immigration and Nationality Act (8 U.S.C. lives with both parents; mittees on the Judiciary of the House of 1101(a)(27)) is amended— ‘‘(B) the parent of the child having primary Representatives and the Senate. (1) by striking ‘‘or’’ at the end of subpara- custody of the child if the child does not live (c) AVAILABILITY OF FUNDS.—Funds avail- graph (J), with both parents; or able to the National Science Foundation (2) by striking the period at the end of sub- ‘‘(C) the surviving parent (or legal guard- shall be made available to carry out this sec- paragraph (K) and inserting ‘‘; or’’, and ian) of the child, if 1 or both parents are de- tion. (3) by adding at the end the following new ceased. SEC. 8. LIMITATION ON PER COUNTRY CEILING subparagraph: ‘‘(2) WAIVER.—The Secretary of State may WITH RESPECT TO EMPLOYMENT- ‘‘(L) an immigrant who would be described waive the requirements of paragraph (1)(A) if BASED IMMIGRANTS. in clause (i), (ii), (iii), or (iv) of subparagraph the Secretary determines that cir- (a) SPECIAL RULES.—Section 202(a) (8 (I) if any reference in such a clause— cumstances do not permit obtaining the sig- U.S.C. 1152(a)) is amended by adding at the ‘‘(i) to an international organization de- natures of both parents.’’. end the following new paragraph: scribed in paragraph (15)(G)(i) were treated (b) EFFECTIVE DATE.—The amendments ‘‘(5) RULES FOR EMPLOYMENT-BASED IMMI- as a reference to the North Atlantic Treaty made by this section shall apply to applica- GRANTS.— Organization (NATO); tions for passports filed on or after the date ‘‘(A) EMPLOYMENT-BASED IMMIGRANTS NOT ‘‘(ii) to a nonimmigrant under paragraph of the enactment of this Act. SUBJECT TO PER COUNTRY LIMITATION IF ADDI- (15)(G)(iv) were treated as a reference to a SEC. 13. JOB TRAINING DEMONSTRATION PRO- TIONAL VISAS AVAILABLE.—If the total num- nonimmigrant classifiable under NATO–6 (as GRAMS. ber of visas available under paragraph (1), a member of a civilian component accom- (a) IN GENERAL.—Subject to subsection (c), (2), (3), (4), or (5) of section 203(b) for a cal- panying a force entering in accordance with in establishing demonstration programs endar quarter exceeds the number of quali- the provisions of the NATO Status-of-Forces under section 452(c) of the Job Training fied immigrants who may otherwise be Agreement, a member of a civilian compo- Partnership Act (29 U.S.C. 1732(c)), as in ef- issued such visas, the visas made available nent attached to or employed by an Allied fect on the date of enactment of this Act, or under that paragraph shall be issued without Headquarters under the ‘Protocol on the Sta- a successor Federal law, the Secretary of regard to the numerical limitation under tus of International Military Headquarters’ Labor shall establish demonstration pro- paragraph (2) of this subsection during the set up pursuant to the North Atlantic Trea- grams to provide technical skills training for remainder of the calendar quarter. ty, or as a dependent); and workers, including incumbent workers. ‘‘(B) LIMITING FALL ACROSS FOR CERTAIN ‘‘(iii) to the Immigration Technical Correc- (b) GRANTS.—Subject to subsection (c), the COUNTRIES SUBJECT TO SUBSECTION (e).—In the tions Act of 1988 or to the Immigration and Secretary of Labor shall award grants to case of a foreign state or dependent area to Nationality Technical Corrections Act of carry out the programs to— which subsection (e) applies, if the total 1994 were a reference to the American Com- (1) private industry councils established number of visas issued under section 203(b) petitiveness Act.’’. under section 102 of the Job Training Part- exceeds the maximum number of visas that (b) CONFORMING NONIMMIGRANT STATUS FOR nership Act (29 U.S.C. 1512), as in effect on may be made available to immigrants of the CERTAIN PARENTS OF SPECIAL IMMIGRANT the date of enactment of this Act, or succes- state or area under section 203(b) consistent CHILDREN.—Section 101(a)(15)(N) of such Act sor entities established under a successor with subsection (e) (determined without re- (8 U.S.C. 1101(a)(15)(N)) is amended— Federal law; or gard to this paragraph), in applying sub- (1) by inserting ‘‘(or under analogous au- (2) regional consortia of councils or enti- section (e) all visas shall be deemed to have thority under paragraph (27)(L))’’ after ties described in paragraph (1). been required for the classes of aliens speci- ‘‘(27)(I)(i)’’, and (c) LIMITATION.—The Secretary of Labor fied in section 203(b).’’. (2) by inserting ‘‘(or under analogous au- shall establish programs under subsection (b) CONFORMING AMENDMENTS.— thority under paragraph (27)(L))’’ after (a), including awarding grants to carry out (1) Section 202(a)(2) (8 U.S.C. 1152(a)(2)) is ‘‘(27)(I)’’. such programs under subsection (b), only amended by striking ‘‘paragraphs (3) and (4)’’ SEC. 11. WHISTLEBLOWER PROTECTION. with funds made available to carry out such and inserting ‘‘paragraphs (3), (4), and (5)’’. Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as programs under subsection (a) and not with (2) Section 202(e)(3) (8 U.S.C. 1152(e)(3)) is amended by section 5 of this Act, is further funds made available under the Job Training amended by striking ‘‘the proportion of the amended— Partnership Act or a successor Federal law. visa numbers’’ and inserting ‘‘except as pro- (1) in subparagraph (C), by inserting ‘‘, or Mr. ABRAHAM. Mr. President, I vided in subsection (a)(5), the proportion of that the employer has intimidated, dis- move to reconsider the vote. the visa numbers’’. charged, or otherwise retaliated against any Mr. ROTH. Mr. President, I move to (c) ONE-TIME PROTECTION UNDER PER COUN- person because that person has asserted a TRY CEILING.—Notwithstanding section lay it on the table. right or has cooperated in an investigation The motion to lay on the table was 214(g)(4) of the Immigration and Nationality under this paragraph’’ after ‘‘a material fact Act, any alien who— in an application’’; and agreed to. (1) as of the date of enactment of this Act (2) by adding at the end the following new Mr. WYDEN. Mr. President, I voted is a nonimmigrant described in section subparagraph: for S. 1723 because I am convinced that 101(a)(15)(H)(i) of that Act; ‘‘(F) Any alien admitted to the United some high technology companies are (2) is the beneficiary of a petition filed States as a nonimmigrant described in sec- facing critical labor shortages, which is under section 204(a) for a preference status tion 101(a)(15)(H)(i)(b), who files a complaint in turn hampering growth in this im- under paragraph (1), (2), or (3) of section pursuant to subparagraph (A) and is other- 203(b); and portant economic sector of Oregon’s wise eligible to remain and work in the economy. It is critically important, (3) would be subject to the per country lim- United States, shall be allowed to seek other itations applicable to immigrants under employment in the United States for the du- however, that the final legislation con- those paragraphs but for this subsection, ration of the alien’s authorized admission, tain additional protections for workers may apply for and the Attorney General may if— rights. Specifically, we should make grant an extension of such nonimmigrant ‘‘(i) the Secretary finds a failure by the certain that no qualified U.S. worker status until the alien’s application for ad- employer to meet the conditions described in will be laid off simply to be replaced by justment of status has been processed and a subparagraph (C), and a foreign worker. Further, we should decision made thereon. ‘‘(ii) the alien notifies the Immigration ensure that employers who want to use SEC. 9. ACADEMIC HONORARIA. and Naturalization Service of the name and this program have taken steps to find address of his new employer.’’. Section 212 (8 U.S.C. 1182) is amended by qualified American workers. I look for- adding at the end the following new sub- SEC. 12. PASSPORTS ISSUED FOR CHILDREN section: UNDER 16. ward to continued progress on this leg- ‘‘(p) Any alien admitted under section (a) IN GENERAL.—Section 1 of title IX of islation as it proceeds to conference. 101(a)(15)(B) may accept an honorarium pay- the Act of June 15, 1917 (22 U.S.C. 213) is Mr. LOTT. First of all, I want to con- ment and associated incidental expenses for amended— gratulate the Senator from Michigan May 18, 1998 CONGRESSIONAL RECORD — SENATE S5001 for his efforts on this very important Mr. LOTT. Finally, again on behalf of now—two actually in my own hideaway legislation. I also appreciate the co- the chairman and a majority of the in the Capitol—with the White House, operation of Senators on the other side members of the Commerce Committee, the majority leadership, Senator of the aisle that worked through the I further modify the committee sub- MCCAIN, and others, on this pack of day, including Senator KENNEDY, so stitute. Again, before the Chair an- bills. It included Senators on both sides that we could get to a conclusion on nounces the modification, this last of the aisle, with staffs and everything this important legislation. I think it is change would incorporate the Lugar else. In the five meetings, including good for the country. It is the fourth of Farmer’s protection amendment as the one at 4 o’clock this afternoon, I the high-tech bills that we worked on part of the Commerce Committee sub- was always counseled: Don’t worry, the last week. I thought the combination stitute. LEAF Act is intact. of those four bills were important and The PRESIDING OFFICER. The Don’t give me the double talk that it will make a difference in our high-tech amendment is so modified. is still intact, not when you put in the community and having the workers Mr. LOTT. For the information of all Lugar bill by a majority vote. The and the opportunity for workers to be Senators, as a result of this action, the Lugar bill, by a majority vote, puts able to do these important jobs in the pending Commerce Committee Sub- that farmer out of business. That is the high-tech sector. I congratulate Sen- stitute contains the following: The so- one thing that the distinguished Sen- ator ABRAHAM for his work, and Sen- called managers’ amendment; all of the ator from Kentucky, and others, have ator MCCAIN, who came up with the Finance Committee reported amend- worked and counseled against, and ev- suggestion that we try to do several of ments, except the $1.50 increase; Title erything else of that kind. these high-tech bills in a row. 14, with respect to declaring the price I question, respectfully, that the ma- f increase a tax increase; the three dele- jority leader identified the majority of tions with respect to the LEAF Act; the Commerce Committee members. NATIONAL TOBACCO POLICY AND the lookback and the compliance fund That is all your Republicans; is that YOUTH SMOKING REDUCTION ACT and tobacco tax trust fund; and the what you say? The PRESIDING OFFICER. Under Lugar-Farmer’s protection amend- Mr. LOTT. Yes, it is. the previous order, the Senate will pro- ment. Mr. HOLLINGS. I am dismayed. ceed to S. 1415, which the clerk will re- Finally, I ask unanimous consent About a half-hour ago, I had a chance port. that the modified committee sub- to talk, of course, just a bit with the The assistant legislative clerk read stitute be printed as a Senate amend- majority leader. Until now, nothing as follows: ment and the final version incorporat- has been said, and this kind of conduct A bill (S. 1415) to reform and restructure ing all of the modifications only be and course of conduct is just the worst the processes by which tobacco products are printed in the RECORD. I have seen in my 30-some years up manufactured, marketed, and distributed, to Mr. HOLLINGS. I object. here. There is nothing you can do if prevent the use of tobacco products by mi- Mr. LOTT. At this point, Mr. Presi- they want to change their votes. They nors, to redress the adverse health effects of dent, I ask the Senate if they would all voted for the bill, and I know how tobacco use, and for other purposes. allow me to go through this. they felt because I talked to various The Senate proceeded to consider the Mr. HOLLINGS. I do object. Members. I have been talking to them bill which had been reported from the Mr. LOTT. I wanted to give you a intermittently over the past several Committee on Finance. chance to inquire, but by objecting you months, and over the past 1 month in MODIFICATIONS TO COMMERCE COMMITTEE certainly can inquire. conferences with the White House. And SUBSTITUTE Mr. HOLLINGS. I do object. Mr. now, to come at the last minute and Mr. LOTT. Mr. President, on behalf President, this has been a long, hard have the ground cut from under you of the chairman, the ranking member road, as you well know. Almost a year with this particular request on the and a majority of the members of the ago the White House, health commu- premise that you want to be fair and Commerce Committee, I wish to mod- nity and the States, and the States’ at- give everybody a fair vote, that isn’t ify the Commerce Committee sub- torneys general all met and everyone what I worked for. I worked to give stitute. was provided for except the person who this a particular priority that no one Before the Chair declares the amend- really depended on his living—that is, else has given it—and certainly not to ment is modified, I announce to the the tobacco farmer. So I got together tobacco companies. I think the tobacco Members that this is the text of the so- during the fall with the distinguished companies have the pressure on at this called managers’ amendment that the Senator from Kentucky, Senator FORD, point to go along with the Lugar chairman and ranking member have and he and I worked diligently over the amendment and save them billions of been working on for the last few days. fall period developing what we call the dollars. That could be the case. The modification also incorporates the LEAF Act, which not only took care of I yield to my distinguished friend Finance Committee reported amend- the farmer but the farm community; from Kentucky. ments as part of the new Commerce namely, the warehousemen, the bank Mr. FORD. Mr. President, reserving Committee substitute. that is financing, the equipment deal- the right to object, I say this with all Mr. HOLLINGS. May I make an in- er, and everything else of that kind. respect to the majority leader and to quiry of the majority leader? There is no question that if this so- my colleague. It is very difficult to un- Mr. LOTT. We have a series of things called tobacco bill works, there can’t derstand what has developed. I thought we need to do in a row, if I could get be any tobacco farmer unless they are I understood the rules very well and through those. tobacco companies. This is going to di- worked diligently, along with the dis- The Chair needs to rule, I believe. minish the tobacco companies to a tinguished Senator from South Caro- The PRESIDING OFFICER. The great extent and limit the tobacco lina, and others, including Senator amendment is so modified. farmers, as they go down or out of FRIST, who worked hard to work out Mr. LOTT. On behalf of the chairman business. We have included the LEAF the FDA amendment that is in the bill; and a majority of the members of the Act as sort of a safety net. Now, we all of us worked hard to put this to- Commerce Committee, I wish to fur- met in the Commerce Committee on gether. ther modify the Commerce Committee that basis. I know the distinguished I understand the 60-vote rule. I un- substitute. Again, before the Chair de- chairman, Senator MCCAIN, came to derstand that very well, because this clares that the amendment is further me, and on the basis of him going along amendment by Senator LUGAR cannot modified, I announce to the member- with the LEAF Act, we made it a bi- raise the money. They talked about a ship this modification would delete partisan bill and voted it out 19–1. lump sum payment and had to change some of the Finance Committee The distinguished chairman also it today because it is 3 years or more. amendments from the text of the Com- went to South Carolina before thou- There is no lump sum payment here. merce Committee modification. sands of farmers and represented: Don’t You are fooling the farmers, misrepre- The PRESIDING OFFICER. The worry about the LEAF Act. Mr. Presi- senting things to the farmer, if the amendment is so modified. dent, I have been in five conferences Lugar amendment gets in here. It is S5002 CONGRESSIONAL RECORD — SENATE May 18, 1998 the farmer versus the manufacturer. bond. And now the majority leader influence to get it in the position The manufacturer, under the Lugar takes over all this hard work he has where that could have occurred. He amendment, will save a billion dollars done and say to the chairman of the also understands that what I am doing a year, minimum—a billion dollars a committee, and to us who worked to here is perfectly within the rules. I am year. You are going to see that check cooperate, that what you did and your trying to get everybody on a fair and signed tomorrow. You are going to see cooperation is for naught. equal footing. I don’t know how the the press conference tomorrow. You I yield the floor. votes are going to go. are going to see the farmers come in The PRESIDING OFFICER. Is there Mr. FORD. Will the majority leader here tomorrow, because they are op- objection to the unanimous consent re- yield? posed to Lugar. You can have all the quest of the majority leader? Mr. LOTT. If I could, because I didn’t misgivings you want. There could be Mr. HOLLINGS. I object. interrupt the Senator from Kentucky. I don’t know how the voting is going ghosts behind every tombstone about The PRESIDING OFFICER. Objec- to go. Senator LUGAR might get 51 the future, but you have to lay ground- tion is heard. votes. Senator FORD might win and work. Mr. LOTT. Mr. President, there is ob- I say to the majority leader, with all jection. Before I renew the request that prevail because 51 votes cannot be achieved for the Lugar amendment. respect, if this is done to us, I am going I made, which was merely that this There are a lot of people who don’t to make it as difficult as I can to see substitute be printed as a Senate think either one of these are all that that the bill is not passed this week, amendment and the final version only hot. Quite frankly, they would like a and probably not in June. I believe my be printed in the RECORD, I want to note that all this means is that we whole different arrangement to be of responsibility here is to the farmer, assistance legitimately to the tobacco not to the manufacturer and not to would have to print all three of these documents, which are all pretty sub- farmers. These are not the only two so- misrepresent that 40 percent of all the lutions in the world. There might be money raised by the McCain bill will stantial in size. We can do that, but there is a cost involved and there is some other ones. go to the farmers under 3 years. I do not want to disadvantage any- time involved. I hoped that there would Think about that 40 percent. What body. But this is an amendment that are you going to reduce? Research? not be objection to having this docu- has been around on this subject for ment printed. It would be available to What are you going to reduce? Adver- quite some time. Senator LUGAR has tising? What are you going to reduce in the Members to review. But if there is never made it a secret of the fact that order to get that money? Sure, you objection to that, it won’t stop any- he would want this to be offered, or as have to raise it $1.50 to pay for Lugar, thing. We will go forward. an alternative available to him to be and you may not be able to do it then. Let me respond to a lot that has been offered. There are others who do not So here we are, saying to those of us said because I thought it was impor- like this provision or that provision who have worked for months—and I tant that the former chairman of the that is included or not included. But, have been on the front porches of gro- Commerce Committee, the Senator in other instances, the Senators would cery stores, in kitchens of farmers, I from South Carolina who worked with have to offer an amendment only to get have been in six States talking to Senator MCCAIN, be heard, and I 50 votes. farmers, and this is what the farmers thought it was very important that the So I think this is a fair way to go. I wrote—the LEAF Act. They didn’t Senator from Kentucky make his case. am sorry the Senator doesn’t agree write the Lugar amendment. But let me also explain what is going with it. But I have been very meticu- I am sorry that the chairman of the on here. lous to make sure that everybody was Agriculture Committee is not going to Everybody knows this has not been aware of what we were trying to do have a vote. I feel sorry for him, but easy to get through the committee here. I have not been in all of these this is the nature of this institution. process to get at this point on the floor substantive negotiations. I have been This is the nature, this is the rule, and of the Senate with a lot of give and strictly looking at how we can move this is the precedent. You are following take and a lot of Senators who had to this forward and what the process is to the rules, that is true. But when it take positions that were hard for them, have it come up and considered in a comes down to the farmer versus the including the Senator from Arizona, fair way. manufacturer—and this Lugar amend- Senator MCCAIN. And other Senators The chairman of the Finance Com- ment will give billions to the manufac- who are going to be involved in this mittee is standing here now wanting to turer—then I think that the Senate have had to accept some things they ask some questions of the Chair about will have a question of whether they didn’t go along with. I acknowledge what this means for the Finance Com- want to support the farmer or whether that the Senator from South Carolina mittee and what they did. They had a they want to support the tobacco man- has worked very carefully with the tough time. They came up with some ufacturer. Senator from Arizona. But also it is improvements. They came up with I know there is nothing I can do, Mr. my job as majority leader to try to find some things certainly I don’t agree President. I can object to the unani- a responsible way to move this forward with, and I don’t think the chairman mous consent, but eventually we will to get it to the floor in the fairest pos- does, either. But he is willing to get a vote on it. Everybody is working hard sible way. There is no way to do that clarification of what it means for him, on the other side to get a bill out of without some people feeling like, ‘‘Well and to go forward. I think he has taken here—just get it out of here. We don’t it is not exactly the way I wanted it,’’ the right position. So I just wanted to take this oppor- want to touch it, we don’t want to fool or ‘‘It doesn’t give me a fair position,’’ tunity to say that I understand where with it anymore, because what comes or ‘‘It doesn’t give me more than a fair everybody is coming from but that I out of conference is going to be a min- position. All I want is an advantage.’’ think this is the fair way to do it. Now the Senator from Indiana is uscule bill. You will have a hard time I don’t think we ought to start over getting that bill through this body. So chairman of the Agriculture Commit- by saying, ‘‘Well, if we don’t get this, rather than starting to take the hide tee. It seems rational to me that you or don’t get that, we are going to kill off of folks in the beginning before you would understand that as majority it.’’ I don’t think anybody wants that even bring the bill up, it seems to me leader I would be interested and con- to happen on your side of the aisle. it is a little bit disconcerting. cerned in the position, or an amend- Let’s go forward. Let’s have some The chairman of the Commerce Com- ment to be offered on this important amendments. And let’s see where the mittee has been as straight with me piece of legislation by the chairman of votes are. That is the way to do this. and with us as he could be. I find no the Agriculture Committee, and, if we Mr. FORD. Mr. President, continuing fault with what he has attempted to didn’t do it this way, he would be dis- to reserve the right to object. do, because some things we can’t agree advantaged in that he would have to Mr. LOTT. I believe there is no res- on. But we were not disagreeable. Ev- have 60 votes, not 51—not a majority, a ervation. erything has always been on top of the supermajority of 60 votes. I understand The PRESIDING OFFICER. An objec- table with us, and his word has been as that the Senator from Kentucky want- tion was heard, and the majority leader good as gold; his word has been his ed to require that, and he has used his is recognized. May 18, 1998 CONGRESSIONAL RECORD — SENATE S5003 Mr. LOTT. Let me do this, Mr. Presi- significantly along the way here, of bacco—all I am trying to do is get a 51- dent, so that the Senator can respond. progress, has moved along the way to vote majority for an amendment—go I yield to the Senator from Kentucky get us to where we are with an under- right ahead. There are people on both so he can respond. standing of where he stood with respect sides of the aisle threatening to do just Mr. FORD. I say to the majority to critical issues. Everybody here un- that. leader that I understand that Senator derstands how you approach any of Now, I know the Senator from Massa- LUGAR is chairman of the Agriculture these negotiations. There is a certain chusetts is trying to contribute by say- Committee. I understand that Senator amount that you are willing to give up ing let’s keep calm and can we find a LUGAR has been around here more than with an understanding of what you are way to work this out. I think this is a a week or two. I understand that Sen- getting and that you are where you fair way, and I admonish everybody to ator LUGAR should understand the are. stay calm, too, and keep our eye on rules. And I understand that he has Through all of these meetings, what is the target here. It is bigger been working diligently, along with through all of the interventions to this than the sum of its parts, and we ought others, to make this work. I have been point in time, neither the Senator from to keep that in mind. We may not be doing the same. And then when I get it South Carolina nor I have been part of able to do it this week. We may never to a point where you have it where you those meetings, nor any of my col- be able to do it. The odds are very think you are safe and that you are leagues have had any knowledge what- strong that this thing is going to im- protected, then in order to be fair soever that this ‘‘rule’’ might be in- plode by the weight we are placing on about it, in order to be fair about it, voked. They have had no opportunity it. Every time we tested it, it has got- you change everything we have done to think about an alternative process ten bigger, fatter and more difficult to for the last 10 months, except that I to work with their colleagues, or other- get through. So it is OK with me how- get a vote up and down. But I had the wise. ever it works out. But I believe we position—or we had it in a position I simply say that suddenly at 4 have here a reasonable way to begin where it would take 60. o’clock in the afternoon the entire this process, and I urge my colleagues, So I think that the fairness now in ground has shifted. That is within the hold your fire. Let’s go ahead with the all of the work that you do that is not rules. The Senator from Kentucky has opening statements by the Senators. fair, and so, therefore, the work you do acknowledged that. I acknowledge Let’s get some amendments going. Who is out the window because it is not fair. that. That may be one of the very dif- knows for sure how it is going to work I thought when you made it through ficult decisions that the majority lead- out? here, and you got it through the com- er has to make. Mr. MCCAIN. Will the Senator yield? mittee, and you got it on the floor, But if fairness is what we are really Mr. KERRY. I would be happy to that was pretty fair after 10 months. looking for here, it seems to me that yield after I finish my comment. Now because another Senator doesn’t maybe there is a way to find some al- I will not object, Mr. President. But have an opportunity to bring it up—— ternative method of including the Sen- I would simply say that I think the Mr. LOTT. The only time there ator from Kentucky and the Senator Senator from Arizona would agree that would be a guarantee of that is when it from South Carolina and the chairman in the judgment of most of us we has gone through the Senate, the of the Agriculture Committee to find thought we made it smaller and slim- House, then a conference, and the out how you might resolve this other mer and easier, but that will be proven President puts pen to paper. than to do it in this sort of fairly uni- over the course of the next days. I ap- Mr. FORD. I understand you are talk- lateral fashion. I don’t know if that is preciate what the majority leader has ing about fairness here and you are possible. But I would certainly say that said, and I think hopefully we can find being unfair to those of us who worked in the context of the way in which the some way to resolve this as we go so hard. negotiations have been conducted to through the next days. Mr. LOTT. Mr. President, I renew my reach this point that also strikes me as Mr. MCCAIN. Will the Senator yield? request with respect to the subcommit- being fair. Mr. KERRY. I will yield the floor. tee substitute. Mr. LOTT. Mr. President, will the The PRESIDING OFFICER. Is there Mr. KERRY. Reserving the right to Senator yield? objection to the majority leader’s—— object. Mr. KERRY. I am happy to yield. Mr. MCCAIN addressed the Chair. Mr. HOLLINGS. Reserving the right Mr. LOTT. The Senator from Massa- Mr. HOLLINGS. Reserving the right to object. chusetts is speaking under reservation. to object. The PRESIDING OFFICER. The Sen- Let me assure him that I have looked Mr. KERRY. I yield to the Senator ator from Massachusetts is recognized at all of the alternatives. I have looked from Arizona. The PRESIDING OFFICER. The Sen- under the reservation. at the best possible way to bring this ator from Massachusetts has not had Mr. KERRY. Mr. President, nobody up. I didn’t know it was going to wind the floor— needs to speak for either the Senator up having to be done this way. We Mr. MCCAIN. Reserving the right to from Kentucky or the Senator from didn’t know 2 weeks ago that we would object. South Carolina. They have done it for have the Finance Committee angles. I The PRESIDING OFFICER. And many years here, and they are as capa- have said all along that Senator thereby does not have the authority to ble as anybody. But I would like to say LUGAR, chairman of the Agriculture yield. The majority leader has the that I understand the difficulties in Committee, was going to have a fair floor. which the majority leader finds him- shot, along with anybody else, to offer Mr. MCCAIN. Will the majority lead- self. He gets approached by people on his amendment and win or lose by ma- er yield to me for a brief comment? both sides, from all sides, and it is dif- jority vote. I am surprised that some The majority leader has the floor. ficult to bring this piece to the floor. people are surprised by this. But I un- Mr. LOTT. Mr. President, I had a re- But there is a process by which we derstand. But I just say that I have quest pending, but if I have the have been working and by which, I been having people on this side of the time—— think, most of us understood that we aisle complain about this, too. There The PRESIDING OFFICER. Is there were sort of teeing this legislation up are a lot of people on my side of the an objection? for the floor. I think it has been an ex- aisle who do not want this brought up Mr. MCCAIN. Reserving the right to ceptional process. I applaud the Sen- under this concept, or any other. object. ator from Arizona, the chairman of the But I will say this to Senators on Mr. HOLLINGS. Reserving the right Commerce Committee, for the way in both sides of the aisle: Anybody who to object. which he has tried to meld those forces wants to stand in the way of this bill, The PRESIDING OFFICER. The Sen- over the course of the last months. if you don’t want us to try to find a ator is recognized. The truth is that the Senator from way to deal with children’s porn, and Mr. MCCAIN. This is a difficult situa- Kentucky and the Senator from South drug abuse by children, if you don’t tion and not the first that we have Carolina, who is the ranking member want us to find a way to try to deal been through in this process, nor re- and who could have stood in the way, with the health problems caused by to- grettably, I feel, will it be the last. I S5004 CONGRESSIONAL RECORD — SENATE May 18, 1998 have great sympathy for my two dear here because the ranking member and Mr. President, there is not any ques- friends—one from Kentucky, one from the chairman concluded that this bill tion about the majority leader’s right South Carolina—who fought very hard needed to get to the floor, and we were to proceed as he does and make that re- for the people they represent. I also un- under a timeframe within which to do quest. But he only does that with the derstand, and I think we all should, the that. majority vote of the Commerce Com- position of the majority leader, who, That has now happened. It was only mittee. That is the dismaying thing to despite the predictions of many, has through that effort that we were able this particular Senator, because when been steadfast throughout as far as to get this far. And I think it is fair to you meet as the ranking member, you saying this bill would come to the floor say both sides have been working in represent not only yourself but the and we would resolve it, if there was good faith to bring us to this point. committee members and other Sen- anything within his power to do it. So there is really two questions here. ators interested, of course, in the to- It was my understanding I would be No. 1, is it within the right of the ma- bacco farmer. And you are not just managing this bill with the distin- jority leader to amend his legislation wanting to assure yourself. You are guished Senator from South Carolina. I as he has proposed to do? And clearly wanting to assure others you represent will make every effort to make sure he is within his rights to do that. The because they are constantly asking that fairness is the order of the day, real question is, Is it in keeping with these questions. So everyone, the which has been the way we have con- what we have established as the work- White House, the health community, ducted our relationship and our nego- ing order here? Are we in the same everyone now has gotten in step as of 4 tiations throughout this bill. I will do kind of partnership that we thought we o’clock on the LEAF Act, and to come everything in my power. had all the way through this process as now with this procedure and say they I understand very well how concerned we moved procedurally to the floor? have the majority, which would include the Senators from South Carolina and The answer clearly is no; this was a the distinguished chairman of the com- Kentucky are. I also understand that surprise. Senator HOLLINGS has been in mittee, is a shocking surprise to me. I the majority leader has the right to do the meetings discussing what would go can tell you that right now because I these things. We saw them when the in the managers’ amendment until at have been with him. I got with him other side of the aisle was in the ma- least 4 o’clock this afternoon. Senator only on this understanding. And to jority. I saw it on several bills where HOLLINGS, the administration and oth- come now and put the LEAF Act in modifications were put into bills which ers have signed off on every single jeopardy with this particular proce- made it no longer a 60-vote proposition piece of what was to go into the man- dure, I just had to stand up here and but 51–49. I didn’t like that at the time. agers’ amendment. register my objection. But it is perfectly correct in the par- I just left the floor to check with the Now, I don’t want to object in a silly liamentary fashion. administration to see if they knew that fashion to the printing, so I will with- I would, again, like to echo the words this was in the managers’ amendment, hold it, but the bipartisanship is ended. of the majority leader. We are going to and the answer was emphatically no. Mr. ROTH. Parliamentary inquiry, hear attacks. There are people waiting No one told them this was going to be Mr. President. right now to attack this bill in the included. No one gave them any indica- The PRESIDING OFFICER. Without most vociferous and passionate fash- tion. objection, the majority leader’s re- ion, and there are people on the other So clearly we start this debate with a quest is agreed to. side who will say: You guys aren’t very serious misunderstanding and a (The committee substitute, as modi- tough enough on these tobacco compa- very serious violation of good faith. It fied to incorporate the text of amend- nies; you have got to do more. The first is within the right of the majority to ment No. 2420, will be printed in a fu- amendment is going to smack them for take steps of this kind, but, unfortu- ture edition of the RECORD.) a buck 50 instead of a buck ten. We will nately, it comes at a price. That price The PRESIDING OFFICER. The Sen- hear over here: This is the biggest tax is the cooperation needed to complete ator from Delaware. increase in history; you are doing way our work. The price is coming to terms Mr. ROTH. Mr. President, I rise to too much. with all the other procedural questions make a parliamentary inquiry on be- But I believe the great center will we have to face. half of my distinguished ranking mem- hold on this bill, and I believe that a How is it possible to get unanimous ber, Senator MOYNIHAN, and myself, as fair procedure will follow. And I want consent under these circumstances? chairman of the Finance Committee. to commit to my colleagues that will How is it possible to get any under- The Senate has before it a modifica- happen. I am sorry, I say to my friends standing about the degree to which we tion to the Commerce Committee sub- from South Carolina and from Ken- can agree on amendments with this stitute and Finance Committee amend- tucky, this has been distressing to problem? ment to S. 1415, the National Tobacco them, but I hope we can move forward So, Mr. President, we have com- Policy and Youth Smoking Reduction in a fair and equitable fashion. pounded the problem this afternoon, Act. If the modification were intro- The PRESIDING OFFICER. Is there unnecessarily it seems to me. The ma- duced as a bill, would it be referred to objection to the majority leader’s—— jority leader has a job to do. He has to the Finance Committee? Mr. HOLLINGS. Reserving the right make choices, and I understand that. The PRESIDING OFFICER. Yes, it to object. But I hope as those choices are made, will. Mr. DASCHLE. Reserving the right we clearly demonstrate the apprecia- Mr. ROTH. Mr. President, further to object. tion for the kind of communication parliamentary inquiry—— The PRESIDING OFFICER. The dis- that is going to be absolutely essential Mr. MOYNIHAN addressed the Chair. tinguished Democratic leader is recog- if we get anything done at all. I hope The PRESIDING OFFICER. Yes, it nized. we can work through this. I hope be- would. Mr. DASCHLE. Mr. President, I have fore the night is out, or at the very lat- Mr. ROTH. The modification con- not wanted to get into this until now, est tomorrow morning, we can resolve tains settlement payments and health but I must say I applaud what the dis- this matter, because if we are going to fees. Is it true that these provisions, no tinguished chairman has said in a cou- move forward adequately, successfully, matter how they are designated, are ple of aspects. First of all, I think that it has to be resolved. I yield the floor. revenue measures, and, thus, within it is true; up until now, there has been Mr. HOLLINGS addressed the Chair. the jurisdiction of the Finance Com- a good deal of effort on both sides to The PRESIDING OFFICER (Mr. mittee? bring this bill to the floor. We wouldn’t FRIST). Is there objection? The PRESIDING OFFICER. The Sen- be here today were it not for the lead- Mr. HOLLINGS. Reserving the right ator is correct. ership of the Senator from Arizona and to object. Mr. ROTH. Mr. President, Senator the tremendous work put forth by the The PRESIDING OFFICER. The Sen- MOYNIHAN and myself would like to Senator from South Carolina, as well ator from South Carolina. note for the record that the modifica- as the Senator from Kentucky. It is the Mr. HOLLINGS. I thank the distin- tion of the Commerce Committee sub- only way we got to this point. We got guished Chair. stitute violates Rule 15 of the Standing May 18, 1998 CONGRESSIONAL RECORD — SENATE S5005 Rules of the Senate. Neither Senator receipts less than $500,000. Revenues from the cise taxes apply to tobacco products manu- MOYNIHAN nor I will raise the point of occupational tax are deposited in the Gen- factured in, or imported into, the United order because, even if we did raise the eral Fund of the Treasury. States. Solely for purposes of these increased Penaly excise taxes. In addition to excise tax amounts, the term United States in- point of order, the leaders or managers taxes imposed primarily to raise revenue, cludes U.S. possessions as well as the 50 could accomplish the same result by the Internal Revenue Code (the ‘‘Code’’) in- States and the District of Columbia. Accord- offering the identical text as a floor cludes several excise taxes imposed as ‘‘pen- ingly, no amount of the increase will be cov- amendment. alties’’ for taking (or failing to take) certain ered-over to U.S. possessions under Code sec- Mr. President, I ask unanimous con- required actions. Examples of these excise tion 7652. sent that additional material be print- taxes include taxes on excess lobbying ex- Further, the effective date of certain com- ed in the RECORD. This material is the penditures by charitable organizations, cer- pliance provisions relating to exported ciga- technical explanation that describes tain ‘‘self-dealing’’ activities by officers and rettes is accelerated from January 1, 2000, to others involved with private foundations, January 1, 1999. the amendments made by the Commit- failures by private foundations to distribute Impose penalty excise tax for failure to meet tee on Finance to S. 1415, as reported required percentages of income, and numer- underage smoking reducing goals. Both the Na- by the Committee on Commerce, ous regulatory excise taxes imposed with re- tional Tobacco Proposed Resolution (the Science, and Transportation. spect to specified activities of qualified pen- ‘‘Proposed Resolution’’) and S. 1415, as re- There being no objection, the mate- sion plans. Present law does not establish ported by the Commerce Committee, would rial was ordered to be printed in the any underage smoking reduction goals or im- establish goals for the reduction of underage pose any penalty excise tax with respect to RECORD, as follows: smoking and would impose lookback ‘‘sur- such goals. charges’’ or ‘‘assessments’’ on tobacco manu- TECHNICAL EXPLANATION OF FINANCE Overview of Internal Revenue Code Trust facturers if these goals are not met. In lieu COMMITTEE AMENDMENT TO S. 1415 Funds. Most Trust Funds that are financed of the lookback surcharges or assessments, (AS APPROVED ON MAY 14, 1998) with dedicated excise tax revenues are estab- the Finance Committee amendment imposes I. TOBACCO EXCISE TAX AND TRUST FUND lished in the Code (secs 9501 et. seq.). Exam- a non-deductible penalty excise tax on all PROVISIONS ples of these Trust Funds are the Airport and manufacturers and importers of cigarettes A. PRESENT-LAW TAX AND TRUST FUND Airway Trust Fund, the Highway Trust and smokeless tobacco. PROVISIONS Fund, the Black Lung Trust Fund, the All manufacturers and importers of ciga- Excise taxes on tobacco products. Excise Aquatic Resources Trust Fund, the Inland rettes and smokeless tobacco are subject to taxes imposed on cigarettes, cigars, chewing Waterways Trust Fund, the Hazardous Sub- the penalty excise tax. Imposition of this tobacco and snuff, pipe tobacco, and ciga- stance Superfund, the Leaking Underground penalty excise tax is governed by the smok- rette papers and tubes (Code sec. 5701). In ad- Storage Tank Trust Fund and the Oil Spill ing reduction goals and imposed at the rates dition, tax will be extended to ‘‘roll-your- Liability Trust Fund. Each of these Trust specified in S. 1415, as reported by the Com- own tobacco’’ at the same rates as pipe to- Funds includes provisions dedicating speci- merce Committee. In addition, the Finance bacco, effective on January 1, 2000. These fied revenues to the Trust Fund and provi- Committee amendment provides that the de- sions approving expenditure purposes of the taxes are imposed upon removal of the tax- termination of whether underage smoking Trust Fund (generally as those purposes are able tobacco products by the manufacturer, goals are met is determined under rules pre- in effect on the date of enactment of specific or on importation into the United States.1 scribed by the Secretary of the Treasury (in authorizing legislation). The Code also con- The current tax rates are shown in the table consultation with the Public Health Serv- tains general provisions relating to the man- below: ice). Beginning in that year, the Secretary of agement of these Trust Funds. In general, the Treasury is directed to publish by Feb- Tobacco product Tax rate Trust Fund expenditures are subject to the ruary 15 of each calendar year the amount of annual appropriations process. Under present tax allocated to each cigarette and smoke- Cigarettes: law, there is no Federal trust fund relating less tobacco manufacturer and importer Small cigarettes2 ...... $12.00 per thousand (24 cents per pack of to tobacco taxes and spending programs. 20 cigarettes). based on their prior year’s excise tax liabil- Large cigarettes ...... $25.20 per thousand. B. DESCRIPTION OF FINANCE COMMITTEE AMEND- ity. Cigars: MENT RELATING TO TOBACCO TAXES AND Small cigars ...... $1.125 per thousand. The penalty excise tax is payable in full no Large cigars ...... 12.75% of manufacturer’s price, up to $30 TRUST FUND later than April 1 of each calendar year. Cig- per thousand. Increase in tobacco products excise tax rates. arette manufacturers and importers are Chewing tobacco ...... $0.12 per pound. Snuff ...... $0.36 per pound. In lieu of the payments (including the initial jointly and severally liable for payment of Pipe tobacco ...... $0.675 per pound. $10 billion payment) required of tobacco this tax imposed with respect to cigarettes Cigarette papers ...... $0.0075 per 50 papers. manufacturers under S. 1415, as reported by as provided in the Proposed Resolution and Cigarette tubes ...... $0.15 per 50 tubes. the Committee on Commerce, Science, and S. 1415, as reported by the Commerce Com- Transportation (the ‘‘Commerce Commit- mittee. Smokeless tobacco manufacturers Effective on January 1, 2000, the tax rate tee’’), the current Federal excise tax rate on and importers similarly are jointly and sev- on small cigarettes is scheduled to increase small cigarettes is increased by $1.50 per erally liable for payment of tax attributable by $5 per thousand (to 34 cents per pack of 20 pack of 20 small cigarettes. The tax rates on to smokeless tobacco. Other Code adminis- small cigarettes), and the tax rates on other all other taxable tobacco products are in- trative and enforcement provisions applica- taxable tobacco products are scheduled to in- creased proportionately to the increases ble to excise taxes generally apply to this crease by proportionate amounts. Effective specified for small cigarettes. In addition, tax. on January 1, 2002, a further increase of $2.50 the effective date for imposition of tax on Deletion of Federal requirements relating to per thousand (to 39 cents per pack of 20 small ‘‘roll-your-own’’ tobacco is accelerated from ‘‘pass through’’ of payments. The provisions in cigarettes) is scheduled to become effective. January 1, 2000, to January 1, 1999. Each of S. 1415, as reported by the Commerce Com- (Tax rates on other taxable tobacco products these rate increases will be phased-in ratably mittee, requiring that tobacco manufactur- will increase proportionately on that date as over a three-year period (calender years 1999, ers use their best efforts to pass through to well.) 2000, and 2001). Thus, for example, the tax consumers the amount of any payments on a Generally, excise taxes on tobacco prod- rate on small cigarettes will increase by 50 per unit basis are deleted. ucts that are removed during any semi- cents per pack of 20 cigarettes on January 1, Deletion or modification of miscellaneous monthly period must be paid by the 14th day 1999, by an additional 50 cents per pack on ‘‘fees’’ contained in S. 1415. The provisions of after the last day of such semimonthly pe- January 1, 2000, and by an additional 50 cents S. 1415, as reported by the Commerce Com- riod. Late payment of tobacco excise taxes is per pack on January 1, 2001. (These increases mittee, that impose separate ‘‘fees’’ to sup- subject to interest charges and penalties in are in addition to the rate increases cur- port the Tobacco Community Revitalization the same manner as the late payment of rently scheduled to take effect in 2001 and Trust Fund programs, the ‘‘fees’’ and opera- other types of taxes. In addition, a failure to 2003.) tive Trust Fund provisions related to inter- pay penalty equal to 5 percent of the tax due, On each January 1 beginning in calendar national tobacco control, the ‘‘fees’’ and ‘‘as- but unpaid, is assessed under section 5761(b). year 2002, all tobacco excise tax rates will be sessments’’ on nonparticipating manufactur- Revenues from the current tobacco prod- adjusted for inflation, as measured by ers, the Tobacco Asbestos Trust Fund and re- ucts excise taxes are deposited in the Gen- changes in the CPI occurring during the 12- lated programmatic provisions, the Compli- eral Fund of the Treasury. month period ending on the preceding Au- ance Bonus Fund, and the provision relating Tobacco occupational excise tax. An annual to child care and early childhood develop- excise tax of $1,000 per premise generally is gust 31. Floor stocks taxes comparable to those im- ment spending are deleted from the bill. imposed on manufacturers of tobacco prod- posed when tobacco excise tax rates pre- The Finance Committee amendment pro- ucts, manufacturers of cigarette papers and viously have been increased will be imposed vides that, notwithstanding any other provi- tubes, and export warehouse proprietors on each tax increase date. Floor stocks taxes sion of law, all charges or user fees imposed (Code sec. 5731). The occupational tax is $500 must be paid no later than July 1 of the year under the titles of the bill other than the per premise for taxpayers with annual gross of tax increase. revenue title must be set in amounts that re- As stated above in the description of cover only costs attributable to providing 1 Footnotes appear at end of article. present law, the current tobacco products ex- services to the party paying the fees (i.e., S5006 CONGRESSIONAL RECORD — SENATE May 18, 1998 must be true, or cost-based, user fees rather DISTRIBUTION OF FUNDS TO STATES—Continued duction or marketing of tobacco products, than disguised taxes). regardless of the country or origin of the Establishment of National Tobacco Settlement State Percentage product and irrespective of their role in the Trust Fund. In lieu of the multiple separate distribution chain, whether through the Florida ...... 4.768 Trust Funds provided for under the Com- Georgia ...... 2.735 manufacture, import, sale, distribution or merce Committee titles of S. 1415, as re- Hawaii ...... 0.800 warehousing of tobacco products. The Fi- ported, a National Tobacco Settlement Trust Idaho ...... 0.400 nance Committee amendment clarifies that Illinois ...... 3.930 Fund (the ‘‘Tobacco Trust Fund’’) is estab- Indiana ...... 1.490 the legislation does not create a separate im- lished in the Treasury Department pursuant Iowa ...... 0.932 port licensing regime for imports. The legis- to provisions enacted into the Trust Fund Kansas ...... 0.800 lation does not affect the administration of Kentucky ...... 1.664 provisions of the Code. Amounts equal to the Louisiana ...... 1.723 tariff rate quotas the United States cur- net revenues 4 from the changes made by the Maine ...... 0.800 rently imposes on imports of tobacco and Finance Committee amendment are to be de- Maryland ...... 1.425 manufactured tobacco. 5 Massachusetts ...... 3.802 posited in the Tobacco Trust Fund. The To- Michigan ...... 3.586 5. Section 1147—Ships stores, duty-free bacco Trust Fund further will receive Minnesota ...... 1.246 shops, and foreign trade zones. The Finance amounts equal to all penalties imposed Mississippi ...... 1.701 Committee amendment would permit the Missouri ...... 1.701 under S. 1415. Montana ...... 0.400 continued use of duty-free stores and foreign Amounts in the Tobacco Trust Fund gen- Nebraska ...... 0.400 trade zones for the import, sale, manufac- erally are available for expenditure as pro- Nevada ...... 0.400 ture, distribution, and export of tobacco New Hampshire ...... 0.400 vided in subsequently enacted appropriations New Jersey ...... 3.755 products, provided that such activities com- Acts.6 New Mexico ...... 0.800 ply with all applicable U.S. laws relating to Amounts in the Tobacco Trust Fund are New York ...... 12.812 the import, sale, distribution and/or marking North Carolina ...... 1.977 available for expenditure for the programs North Dakota ...... 0.400 of tobacco products in the customs territory provided in S. 1415, as those programs are in Ohio ...... 4.205 of the United States, including restrictions effect on the date of the bill’s enactment. Oklahoma ...... 0.800 on sales to minors. The Finance Committee Oregon ...... 1.353 The Tobacco Trust Fund includes a sepa- Pennsylvania ...... 4.421 amendment would also prohibit the importa- rate account, the State Tobacco Settlement Rhode Island ...... 0.800 tion of tobacco or tobacco products pre- Account (the ‘‘State Account’’), to admin- South Carolina ...... 1.090 viously sold for export and exempt from ex- South Dakota ...... 0.400 ister distribution of Trust Fund monies to Tennessee ...... 2.851 cise tax as ships stores or in duty-free shops. States. The State Account will receive reve- Texas ...... 5.930 III. ELIMINATION OF LIMITATION ON MEDICAID nues equal to 30 percent of the net revenues Utah ...... 0.400 Vermont ...... 0.400 COVERAGE OF SMOKING CESSATION AGENTS produced by the increases in tobacco taxes Virginia ...... 1.348 Under the committee amendment, states during the five calendar years, 1999 through Washington ...... 1.726 will not be allowed to exclude from coverage 2003. In calendar year 2004 and thereafter, West Virginia ...... 0.782 Wisconsin ...... 1.841 or restrict agents when used to promote this percentage will increase to 45 percent. Wyoming ...... 0.400 smoking cessation. States will maintain the These revenues are not available to finance authority to exclude from coverage or re- any other Trust Fund expenditure purposes. II. TRADE PROVISIONS strict nonprescription drugs when used to States are eligible for payments from the 1. Section 1107—Ban on distribution of to- promote smoking cessation. State Account and the Tobacco Trust Fund bacco products produced by child labor. The IV. MASTECTOMY HEALTH CARE PROVISION generally only if they waive their rights to Finance Committee amendment to Section A. PRESENT LAW any future payments under State settle- 1107 clarifies that the amendment to Section ments with the tobacco manufacturers or 307 of the Tariff Act of 1930 contained in S. Under present law, group health plans importers. 1415 applies to imports of tobacco products must meet certain requirements with respect Each State is eligible to receive the por- produced by forced or indentured child labor. to limitations on exclusions of preexisting tion of the monies in the State Account 2. Section 1133—Limits on the authority to conditions and must not discriminate shown in the table entitled ‘‘Distribution of promote the exportation of tobacco. The Fi- against individuals based on health status. Funds to States’’ below, except the States of nance Committee amendment codifies cur- An excise tax of $100 per day during the pe- Mississippi, Florida, Texas, and Minnesota rent policy set out in the Departments of riod of noncompliance is imposed on the em- are guaranteed that amounts those States Commerce, Justice and State, the Judiciary ployer sponsoring the plan if the plan fails to receive will not be less than the amounts and Related Agencies Appropriations Act, meet these requirements. The maximum tax they would have received under their pre- 1998, which prohibits any officer, employee, that can be imposed during taxable year can- viously negotiated settlements with the to- department or agency of the United States not exceed the lesser of 10 percent of the em- bacco companies, determined on a year-by- from promoting the sale or export of tobacco ployer’s group health plan expenses for the year basis. products, or from seeking the removal of prior year or $500,000. No tax is imposed if In general, there are no requirements or nondiscriminatory barriers to trade in to- the Secretary determines that the employer restrictions on the use of funds appropriated bacco. The Finance Committee amendment did not know, and exercising reasonable dili- to the States from the Tobacco Trust Fund; clarifies that ministerial or clerical func- gence would not have known, that the fail- however, the Finance Committee amend- tions, such as the collection of export docu- ure existed. ment clarifies that the Medicaid cost recov- ments by Customs Service officials upon ex- B. DESCRIPTION OF FINANCE COMMITTEE ery provisions apply to States that use To- port through a U.S. port, would not con- AMENDMENT bacco Trust Fund payments in their Medic- stitute promotion of the sale or export of to- The Finance Committee amendment re- aid programs. Cost recovery is waived for bacco products within the meaning of sec- quires that certain group health plans sat- States that use the Tobacco Trust Fund for tion 1133. The Finance Committee clarifies isfy two additional requirements: (1) provide other purposes. further that United States Trade Represent- for impatient coverage with respect to the Provisions further are included ensuring ative (USTR) retains the authority to seek treatment of breast cancer, and (2) provide that no tax revenues are deposited into the redress from discriminatory barriers to U.S. inpatient coverage for reconstructive sur- Tobacco Trust Fund if any monies are spent market access, with the proviso that USTR gery following mastectomies. Failure to other than as authorized under these provi- must consult with the Department of Health comply with these requirements would result sions. and Human Services prior to taking such ac- in the same exercise tax applicable to failure General administrative provisions applica- tion. Finally, in the Committee’s view, noth- to comply with the limitations on exclusions ble to Code Trust Funds apply to the To- ing in section 1133 should be construed to of preexisting conditions and discriminating bacco Trust Fund, except no interest would prohibit the reduction of tariffs or other against individuals based on health status. accrue on unspent balances in the Tobacco trade barriers through comprehensive trade The amendment requires a group health Trust Fund. As with other Code Trust Funds, negotiations that incidentally include to- plan that provides medical and surgical ben- the Tobacco Trust Fund is not permitted to bacco products, provided that such reduc- efits to ensure that inpatient coverage with borrow from the General Fund. tions are not primarily directed at reducing respect to the treatment of breast cancer is tariffs or trade restraints on tobacco prod- provided for a period of time as determined DISTRIBUTION OF FUNDS TO STATES ucts. by the attending physician to be medically 3. Section 1134—Report on impact on U.S. State Percentage appropriate following: (1) a mastectomy; (2) international obligations. The Finance Com- a lumpectomy; or (3) a lymph node dissection Alabama ...... 1.237 mittee amendment strikes Section 1134 from for the treatment of breast cancer. Alaska ...... 0.400 the bill. The amendment requires a group health Arizona ...... 1.709 Arkansas ...... 0.954 4. Section 1145—Anti-smuggling provisions/ plan that provides medical and surgical ben- California ...... 8.695 prohibition on imports except under a per- efits with respect to a mastectomy to ensure Colorado ...... 0.990 mit. The Finance Committee amendment en- that, in a case in which a mastectomy pa- Connecticut ...... 1.548 Delaware ...... 0.400 sures that the bill imposes identical permit tient elect breast reconstruction, coverage is D.C...... 0.474 requirements on persons engaged in the pro- provided for: (1) all stages of reconstruction May 18, 1998 CONGRESSIONAL RECORD — SENATE S5007 of the breast on which the mastectomy has you like, but this bill raises taxes on Mr. MCCAIN. Mr. President, the Sen- been performed; (2) surgery and reconstruc- tobacco, and we’re not fooling anybody ator from Missouri is not recognized tion of the other breast to produce a sym- to suggest otherwise. for suggesting the absence of a quorum, metrical appearance; and (3) the costs of And as I have said, taxes have been is that right? prostheses and complications of mastectomy including lymphodemas, in the manner de- the jurisdiction of the Committee on The PRESIDING OFFICER. The Sen- termined by the attending physician and the Finance for going on two centuries ator from Arizona does not lose the patient to be appropriate. now. In the case of excise taxes, which floor when he makes a unanimous con- The amendment requires a group health figure prominently in this bill, the Fi- sent request. plan to provide notice to all participants and nance Committee’s jurisdiction has Mr. MCCAIN. Thank you. Mr. Presi- beneficiaries under the plan of the inpatient been recognized since 1817, the year dent, the Senate will now take up the coverage available with respect to the treat- after the Committee was established. National Tobacco Policy and Youth ment of breast cancer and reconstructive That was the 14th Congress. George W. surgery following mastectomies. Smoking Reduction Act (S. 1415). Six The amendment does not pre-empt any Campbell of Tennessee, was Chairman; weeks ago, the Senate Commerce Com- State law in effect on the date of enactment Senator Rufus King, of New York, was mittee approved this measure by an with respect to health insurance coverage Ranking Member. overwhelming vote of 19–1. that: (1) requires coverage for a minimum Likewise our jurisdiction over in- I want to thank the Majority Leader length of hospital stay following a surgical come taxes has been recognized since and Senator DASCHLE, and all Senators treatment for breast cancer; (2) requires cov- the first income tax was enacted in erage of at least the coverage of reconstruc- for allowing this bill to come to the 1861. And the Standing Rules of the floor. Thanks to the work of so many tive breast surgery required under the pro- Senate have explicitly provided for our posal; or (3) requires coverage for breast can- people including the medical commu- cer treatments (including breast reconstruc- jurisdiction over ‘‘revenue measures nity, especially Dr. Koop, Dr. Kessler; tion) in accordance with scientific evidence- generally’’—tax bills—since 1946, the the attorneys general, and so many of based practices or guidelines recommended year that the jurisdictions of all Sen- our colleagues on both sides of the by established medical associations. ate Committees were first set forth in aisle over many years, Congress has a FOOTNOTES the Rules. I might add that our juris- rare and historic opportunity to put an 1 The term United States includes the 50 States diction over international trade mat- end to what the American Medical As- and the District of Columbia. ters, which also arise in this bill, is sociation calls a ‘‘pediatric epidemic.’’ 2 A significant majority of taxable cigarettes, and equally clear and equally longstanding. of taxable tobacco products, is small cigarettes. Mr. President tobacco is a legal prod- Our revered Chairman, Senator ROTH, 3 These rules may be, but are not required to be, uct that adults may acquire if they based on the University of Michigan’s National High last week insisted—with the full sup- choose to do so. Under this bill it will School Drug Use Survey, ‘‘Monitoring the Future’’ port of our Committee Members—that remain so. But the widespread use of (the specified source under the Proposed Resolution this legislation be considered by the and S. 1415, as reported by the Commerce Commit- tobacco in this country presents a tee. Finance Committee before it went to problem every responsible adult would 4 The term ‘‘net revenues’’ means the gross pay- the floor. It was referred to us on concede will not go away on its own. ments received less an income tax offset. Wednesday, and we marked it up on 5 Three thousand American children These amounts would be reduced by any refunds Thursday. The vote to report favorably of tax previously paid that were properly allocable take up the smoking habit every day. the Finance Committee amendments to revenues deposited into the Tobacco Trust Fund. For one thousand of them the decision 6 As reported by the Commerce Committee, S. 1415 was 13–6. will prove to be fatal. Those children provides that spending for certain programs is to be The Finance Committee made sev- direct spending. This provision in the Finance Com- will be among the 460,000 Americans a eral important improvements to the mittee amendment supersedes those direct spending year who die early—substantially bill. First, we converted the assorted provisions (except in the case of amounts deposited early—from smoking related disease into the State Account, described below, and S. ‘‘payments’’ and ‘‘assessments’’ to including cancer, emphysema, stroke 1415’s provisions for payments to tobacco farmers). taxes. Second, we approved an increase and heart disease. Warnings about the Several Senators addressed the of $1.50 per pack in the tax on tobacco, lethal effect of tobacco have not dis- Chair. to be phased in over three years. Third, couraged juvenile smoking. Sadly, the The PRESIDING OFFICER. The Sen- we struck from the bill a tax on ex- Center for Disease Control reports that ator from New York. ports that was a clear violation of Arti- teen smoking is on the rise today. Mr. MOYNIHAN. Mr. President, I cle I, Section 9 of the U.S. Constitu- concur in the judgment of our distin- tion. And finally, we adopted an In recent years, we have learned how callously indifferent tobacco compa- guished chairman on the important amendment by Senator D’AMATO to re- question of the jurisdiction of the Com- quire that health plans provide cov- nies are to the loss and suffering their mittee on Finance and I thank him for erage for minimum hospital stays and product causes. We have learned how insisting that it be made clear for the reconstructive surgery associated with tobacco companies will undermine any record, as indeed has been done thanks the treatment of breast cancer. public good if it serves their commer- to the distinguished Presiding Officer. Some of these changes have now been cial interests. We have learned that Mr. President, S. 1415, the tobacco included in the pending Commerce nothing, not even the health of chil- legislation now before the Senate, was Committee substitute. Owning to the dren, is off limits to tobacco companies ordered referred to the Committee on parliamentary situation, some of the if it serves their bottom line. What Finance on May 13, 1998. It was so re- other Finance Committee amendments profits the nation is a matter of no ferred because the Senate Parliamen- will require separate votes. But thanks consequence to tobacco companies if it tarian determined that the bill is in to our Chairman, the essential point does not profit them. the jurisdiction of the Finance Com- has been made; the jurisdiction of the Mr. President, we have learned that mittee. That action preserved the ju- Committee on Finance has been pre- the tobacco companies, well aware that risdiction over tax legislation for served and affirmed. kids make up the vast majority of which the Finance Committee has been I thank the Chair and yield the floor. their ‘‘replacement’’ market have, for responsible for 181 years. Mr. MCCAIN. Mr. President, I now years, intentionally and systematically The RECORD should be clear that this ask unanimous consent that there be a targeted children in their marketing is indeed a tax bill. The Parliamen- period for the transaction of routine and advertising—kids as young as 13 tarian has so determined; the Joint morning business until 8 p.m., with years old, and even younger. Committee on Taxation has concurred. Senators permitted to speak for up to The disclosure of truckloads of inter- One may refer to certain provisions 10 minutes each. nal industry documents have exposed of this legislation as ‘‘annual pay- Mr. ASHCROFT. I object. once and for all the appallingly mali- ments,’’ ‘‘lookback assessments,’’ or The PRESIDING OFFICER. Objec- cious lie that tobacco executives have ‘‘fees,’’ but they are taxes. As Richard tion is heard. for years sworn, often under oath, to be Cardinal Cushing said, ‘‘When I see a Mr. ASHCROFT. Mr. President, I true—that they do not market to chil- bird that walks like a duck and swims suggest the absence of a quorum. dren. like a duck and quacks like a duck, I The PRESIDING OFFICER. The Sen- They not only have marketed to chil- call that bird a duck.’’ Call it whatever ator from Arizona has the floor. dren, they have thrived on it. And I am S5008 CONGRESSIONAL RECORD — SENATE May 18, 1998 entirely confident that they will con- every living Surgeon General has it requires that tobacco products be tinue to do so unless we who are elect- called on Congress to pass tough, com- stored in areas inaccessible to youth. ed to protect the national interest, prehensive tobacco legislation. The In addition, the bill would ban ciga- stand up, at long last, to the tobacco measure we will now consider is ex- rette sales from vending machines, a interests. That is what this legislation actly that—tough, comprehensive leg- major conduit of tobacco products to is intended to do. islation. kids. all of these restrictions were part Studies show that children are par- The bill is based on the framework of of last year’s settlement. ticularly susceptible to the industry’s the June 20th settlement between the Five, cigarette ingredient regulation. marketing pitches. So effective have industry and the state attorneys gen- Cigarettes contain numerous active in- these companies been at appealing to eral and contains the six major ele- gredients harmful to health including youth, many children can identify Joe ments experts agree are essential if we nicotine, tar and ammonia. Evidence Camel as readily as they do Barney or are to stop kids from smoking. suggests that the tobacco industry has cartoon characters. These include restrictions on mar- manipulated these ingredients to en- We have come to learn that as part of keting aimed at youth; stronger youth hance their addictive qualities, and in their strategy to hook kids early, at access prohibitions; deterrant price in- some instances added benign sub- any cost, tobacco companies manipu- creases; regulatory oversight of to- stances such as molasses to sweeten lated nicotine levels to enhance its ad- bacco ingredients; and the taste for introductory users, which dictive qualities; engaged in sham med- counteradvertising campaigns to edu- is how the industry refers to children. ical research; quashed information cate youth. The bill would permit the FDA to about the danger and addictiveness of I would like to address each of these oversee and regulate tobacco products tobacco; abused the nation’s laws to in greater detail. First, like the June to protect public health, and promote cloak their activities and lied to Con- 20th settlement, the bill imposes adver- the development of safer cigarettes. In gress and the American people. tising restrictions to eliminate mar- rulemaking two years ago, FDA as- Tobacco companies have long hoped keting appeals to youth. The bill would serted authority over tobacco under its that money, in the form of campaign implement the FDA rules banning to- existing ‘‘drug device powers.’’ This contributions, would enable them to bacco billboard and outdoor advertis- bill, thanks to the Presiding Officer, maintain the status quo, and insulate ing around schools, playgrounds and Senator FRIST—Dr. FRIST establishes them from the consequences of their other areas frequented by children. basically the same authorities, but in a actions. For too long, I fear, they have It would restrict point-of-sale adver- separate and distinct chapter of law been right. tising to ensure that cigarette pitches that addresses tobacco products only. We are all too familiar with the in- aren’t directed at children and would The legislation, however, imposes fluence of tobacco money. I appeal to require bold new warning labels on cig- several important checks on the FDA my colleagues, now is the time to stop arette packaging. authority. Any ban on nicotine or class tobacco companies from buying politi- Second, as contemplated in the June of tobacco product could not go into ef- cal indulgence of their intentional sac- 20th agreement, the bill will raise ciga- fect for two years, enabling Congress rifice of our children to the impera- rette prices sufficient to deter youth market potential of any modification tives of preserving a market for their consumption. Experts say the most im- to cigarettes that would push smokers product. portant step to deter youth consump- to contraband. It is illegal for children to purchase tion is a substantial hike in the price Again, the attorneys general, in their tobacco in every state in the country. of tobacco products. I want to say that agreement with the industry called for And in every state in the country, to- again, Mr. President. Experts say the greater FDA oversight of tobacco. bacco companies have invested enor- most important step to deter youth Six, the bill provides funding for mous sums of money and time to en- consumption is a substantial hike in smoking prevention and cessation pro- courage widespread law breaking. the price of tobacco products. grams; counter-advertising campaigns, Now is the time to put an end to it. The Centers for Disease Control re- and vital health research. These initia- And, Mr. President, now is also the ports that smoking less than 100 ciga- tives are financed by annual payments time to stop the endless drain on tax- rettes can result in clinical addiction, made by the industry. payers, which amounts to an annual and that higher pricing is essential to Smoking related health care costs tax of $50 billion imposed on taxpayers deter underage use. Accordingly, the exceed $50 billion per year. The bill to underwrite tobacco related health bill would increase the price per pack would require the industry to pay $526 care costs—an estimated $1.7 trillion of cigarettes by a minimum of $1.10 billion over the next 25 years to reim- over the life of this bill. over five years with a commensurate burse taxpayers for costs to Medicare Over the past 3 weeks, the tobacco rise in the price of smokeless tobacco. and state health care programs. Last companies have launched a massive The administration believes that this summer’s agreement called on the in- campaign of diversion. Once again, hike, included in the President’s budg- dustry to pay $368.5 billion. This would they hope to use their vast resources to et request, would cut youth consump- have raised the price per pack of ciga- divert the country from the truth, and tion in half. rettes by $68 cents over 5 years, an to frustrate us in our task to defend Three, the bill establishes the same amount public health authorities found against the threat they pose to our youth smoking reduction targets insufficient to effect youth usage. And children. As they have so often in the agreed to by the industry last summer. the sums would not have been suffi- past, the tobacco companies are lying Four and one-half million underage cient to pay for assistance to farmers, to all of us again, and using their Americans use tobacco and the number who were left out of last year’s agree- wealth to frighten us all into submis- is growing. The bill calls for a 60 per- ment by the industry. sion. cent reduction in youth consumption Finally, the bill would place a cap on I would like to quote Dr. C. Everett within 10 years and levies heavy finan- the tobacco industry’s yearly liability Koop who said about this campaign. cial assessments on the industry if exposure without barring any individ- When you see the advertising from the to- they are not achieved. Tobacco compa- ual or group’s ability to sue or receive bacco industry consider the source. These nies have skillfully determined how to compensation. The tobacco industry people are experts at manipulation and have induce kids to smoke. With ample mo- has successfully fended off lawsuits for been lying to the American people for dec- tivation they can apply those skills to years. However, the trend is changing ades. help reverse their handiwork. and as massive new judgments are Dr. Koop called on all Members of Four, stronger enforcement of youth awarded against the tobacco industry, Congress to support tough tobacco leg- access rules. While smoking by minors bankruptcy is always a possibility. islation. Mr. President, the bill we are is prohibited in every state, kids con- Experts agree that bankruptcy is an presenting to the Senate is indeed tinue to buy tobacco. The bill would re- undesirable outcome for the nation tough medicine, for a tough problem. quire retailers to be licensed by the economically, legally and medically. Every expert medical witness who has state and card tobacco purchasers in Involving bankruptcy would permit the testified before Congress, as well as the same manner as alcohol sales. And industry to shield themselves from May 18, 1998 CONGRESSIONAL RECORD — SENATE S5009 their financial responsibilities includ- ures were worked out with the admin- ing should receipt exceed expectations. ing compensation to victims. When the istration. Any amount above the ceiling would be asbestos companies went bankrupt and Four, the amendment drops certain transferred to the Medicare Trust left a financial and legal mess that is provisions with respect to inter- funds. still with us, only the lawyers made national marketing that had constitu- Under the modifications, the States out. Moreover, the extinction of domes- tional problems, or were violations of would receive 40 percent of the yearly tic manufacturers would simply push international law. Among the items receipts; health research—22 percent; tobacco users to foreign brands or un- dropped was the special licensing fee, public health programs—22 percent; regulated contraband which would con- the designated trust fund; prohibitions and farmer assistance—16 percent. stitute a public health crisis. with respect to duty free shops, extra- The Office of Management and Budg- We have heard many opinions about territorial criminal provisions. et estimates that under this prescrip- whether the industry will submit to Five, the amendment imposes tough- tion, States would receive a total of $26 this legislation. Legal challenges, of er look-back assessments on the indus- billion over five years. In a modifica- course, would delay reforms, so indus- try. The Committee reported bill tion agreed to by the National Gov- try cooperation would be advan- capped look-back assessments at $3.5 ernors Association, 50 percent of the tageous. While, according to public billion per year. The amendment raises state funds—regarded as the federal health authorities, price hikes are es- the ceiling to $4 billion, and establishes share of Medicaid recoupment—will be sential, they, alone, won’t do the job. a company-specific penalty of $1,000 per made available to the states for a menu The proposed advertising restrictions underage user of a particular tobacco of purposes, including safe and drug and youth usage penalties, which in- brand beyond the target level. free schools, Child Care and Develop- dustry is threatening to challenge, are Six, the amendment modifies the ment Block Grants, substance abuse also essential parts of the solution. committee bill with respect to second grants and others. As I said, this menu The National Tobacco Policy and hand smoke. Under the bill as reported, was agreed to by the National Gov- Youth Smoking Reduction Act, how- states were given the opportunity to ernors Association. ever, was never intended to be a ‘‘deal’’ opt out of the federal program. Under The other half of the State money with the tobacco industry. Our mission the amendment, negotiated with the would have no menu attached and was to pass the best possible legisla- White House, state can only opt out if would be used at the sole discretion of tion to stop children from smoking. they implement their own program the State. Mr. President, I would like to briefly As I said, tobacco is a legal product that is as effective in protecting public comment on the chief criticism of this and the decision to use it, though health, based on the best available bill launched by the industry—that it risky, is a choice for adults to make. science. is all about tax and spend Government. Nevertheless, the Nation requires that Seven, the amendment eliminates The industry agreed last summer to the tobacco industry join us in the the asbestos trust fund. In its place the pay $368 billion and to submit itself to fight to protect our children. If they modification authorizes appropriations almost every aspect of the legislation choose not to, the American people will from the main fund to assist asbestos we are debating. The agreed to increase respond accordingly, Congress will act, victims should Congress establish a the price per pack of cigarettes to re- and the States will resume their law- program to do so. duce youth consumption. They agreed suits to extract in court what we might Eight, the amendment ensures that to abide by advertising restrictions. more efficiently achieve through co- with certain deminimus exceptions, all They agreed to submit themselves to operation. tobacco companies, whether it choses lookback assessments. They agreed to Mr. President, we sent a modification to settle its state cases or not, are re- enhanced FDA authority over their to the bill to the desk in the form of a sponsible for the annual payments to products. They agreed to stiffer youth committee substitute. I would like to effect the $1.10 price increase. access rules and they agreed to open up take a moment to explain how it would The requirement that non-participat- their documents to the public. And modify the bill as passed by the com- ing manufacturers pay 150% of the an- they agreed to finance smoking preven- mittee. nual payment has been dropped. In- tion and cessation programs and health First, the amendment addresses the stead, manufacturers that wish to set- research. concern expressed by some that the bill tle their state cases must pay the up- Are the measures tougher than they was too ‘‘bureaucratic.’’ Although the front payment they agreed to last year, agreed to? Yes, without question. bulk of the panels and boards were and sign the state protocols binding Now because the industry fears that temporary, advisory and entailed little them to the additional requirements the bill may actually achieve what it or no additional federal costs, and the they agreed to with the state attorneys purports to, the effort has been trans- majority were contemplated in the general, including tougher advertising muted from enlightened public policy June 20th Agreement, the Committee and marketing restrictions. In return to tax and spend Government. substitute eliminates all but three: an for agreeing to the broader restric- Let us be clear, those who vote unpaid Scientific advisory board at tions, and not to challenge their obli- against this measure because they be- FDA to help assess lower risk tobacco gations under the protocols, participat- lieve it is tax will merely kill the abil- products; a part time board to help for- ing companies would receive a yearly ity to settle State suits collectively mulate counter-advertising strategies; liability cap of $8 billion. and efficiently so that we can move on and a three judge panel to assess attor- In addition, the committee modifica- to the job at hand—protecting the ney client privilege claims. tion drops several civil liability provi- health of our kids. Second, all receipts and disburse- sions, including a requirement that If this bill is killed, the States will ments under the act are routed civil actions be directed at the tobacco merely resume their suits, at great through a single, on-budget, trust fund manufacturer not its parent company. cost in terms of money and time, and operated by the Secretary of the Treas- Finally, the Committee modification the outcome will be the same as it has ury. The amendment eliminates, the sets out funding parameters for the been in Mississippi, Florida, Texas and role of special trustees; the inter- trust fund. Minnesota. If we take that unwise national trust fund, the farmers trust The Joint Committee on Tax antici- course, the ultimate prices in ciga- fund as well as the asbestos trust funds pates receipts into the trust fund of rettes will be little different from what and associated trustees. All funding nearly $65 billion over five years. Be- might result from this bill, but we will under the act will come from the single cause the payments are volume ad- pay an awful price in terms of the 3,000 Tobacco trust. justed, this number could rise or fall children a day who will become regular Third, the amendment toughens en- depending upon the volume of tobacco users of tobacco and consign them- forcement against contraband smug- sales. selves to the consequences before they gling by requiring that manufacturers For this reason, the amendment ex- are adult enough to make that life or and wholesalers be licensed; that presses annual funding in terms of per- death decision. records be kept for large transactions. centage of yearly receipts and, except Mr. President, I asserted earlier that These and other anti-smuggling meas- for state funding, places a dollar ceil- tobacco companies have long sought S5010 CONGRESSIONAL RECORD — SENATE May 18, 1998 refuge in lies. They have lied about the growing awareness now in America The Commerce Committee is, in effects of their product and about the that we lose the lives of over 400,000 of point of fact, a microcosm of the whole strategies they use to market them. our fellow citizens each year because of Senate. There are the extremes that we They are lying about the purposes and smoking-related illnesses—more people have on both sides, the hard-line points effect of the bill we are now consider- than we lost in all of World War II, of view on both sides; and there is, of ing. They have spared no expense to more people than we lost in all of Viet- course, every point of view in between cover their purposes with lies. They nam and all of Desert Storm combined. that somehow finds a center. And I be- have lied, no matter the cost to public And we lose this every year. And it lieve that in the end, when all of the health. They have sacrificed the truth costs us billions of dollars in the health debate and all of the anguish over this and our children to their greed. They care system of our Nation, in our in- bill has been worked through, we will have lied, because lying has been prof- surance, in the hospital wards where find that we will be somewhere rel- itable, Mr. President, because lying some people who have no insurance are atively close to what the managers’ worked. No more. No more. The lying paid for by the rest of their fellow amendment proposes and to what the stops today. Americans. Senate has advocated. Mr. President, I yield the floor. So this week in the Senate, we are As I say that, I personally believe Mr. KERRY addressed the Chair. moving beyond the point of simply ar- there are improvements that can be The PRESIDING OFFICER. The Sen- ticulating a threat to the children of made. There are things in this bill with ator from Massachusetts. our country. No one, I think, now dis- which I don’t agree. There are things Mr. KERRY. Mr. President, I thank putes the notion that there is harm as- that we have all reserved the right to the distinguished chairman, the man- sociated with smoking. And now the try to change. What is important, Mr. ager, for his eloquent comments with U.S. Senate and the Congress need to President, that we permit the Senate, respect to the debate that now begins act with legislation that carries the at this moment, to affect that change, in the U.S. Senate. imprints of both parties, of Senators of that we permit it to work its will and Senator HOLLINGS has asked me to both parties, of Governors of both par- to ultimately vote on a bill. open on behalf of the committee, and I ties, of 44 very tenacious and coura- Senator MCCAIN, I might say, has ap- do so with great respect for his leader- geous attorneys general. Now is the proached this task by reaching out all ship and his involvement in helping to time to follow through on their efforts. across party lines, reaching out to I urge all my colleagues—Democrat, bring the U.S. Senate to a point where every sector of interest group that is Republican, liberal, conservative, no we can engage in this consideration. He represented in this debate. I know that matter what particular passion politi- continues to fight extraordinarily for he and others on the committee have cally brings them to the U.S. Senate— what he believes in very deeply, and tried to listen hard. It is my belief that I urge them over the course of the next particularly, along with the Senator when Senators examine the bill, while days to put aside that partisanship and from Kentucky, for the farmers who they will undoubtedly find a particular to try to set aside the inclination to may be impacted by this legislation. point of view here or there with which make the perfect the enemy of the very And that is a fight that we will con- they could find disagreement and make good and to focus today and through- suggestions for improvement, I believe tinue to have over the course of the out this week on passing effective leg- days ahead. islation that puts America’s children the fact is that they will have a re- This is not just the opportunity, Mr. out of harm’s way and secures for the newed respect for the way in which President, for a historic debate; it is an Senate’s legacy one of cooperation and Senator MCCAIN and the Commerce extraordinary opportunity for historic accomplishment, something that many Committee and Senator HOLLINGS action by the U.S. Senate. people have felt has been too absent in reached out to demonstrate some For years, many people across this the workings of the Senate these re- tough decisionmaking under difficult country have worked hard for this mo- cent years. pressures. ment. For years, we have waited for There is a growing feeling that unless I also believe that in the end the the opportunity for the Senate to be we act with a sense of bipartisan and a changes that have been made, most of able to step up to bat and exercise its real dedication to doing what is in the those in the managers’ amendment, responsibility to protect the children national interest on smoking, that clearly make this a stronger and better of the country. And literally we have somehow we might let this historic op- bill than it was when it did leave the the opportunity, whether it is this portunity slip through our fingers. I do Commerce Committee. I remind my week, which we hope it might be, or in not dispute the possibility of that, but, colleagues that the Commerce Com- the next weeks, when it might inevi- on the other hand, I believe that the mittee, at the time we sent it out of tably be, we have the opportunity to Senate clearly has shown its willing- committee, reserved the right at that act on behalf of the children of this ness on many occasions in the past to point, knowing there were some issues country in a very direct way that ex- rise to this kind of occasion, to ignore that weren’t quite completely vetted, pert after expert, Surgeon General those that Senator MCCAIN just re- to make changes in a managers’ after Surgeon General, pediatrician ferred to who will spend billions and amendment as we brought it to the after pediatrician, cancer specialist billions of dollars, who have a long floor. The structure of the bill has now after cancer specialist, all have said is record of misleading America and the been changed so that the provisions necessary for the better health policy Congress with respect to this issue— that are most critical—for reducing of our Nation. that we will ignore those special, nar- youth smoking, the annual payments, It is a tribute to the outrage in this row interests in favor of the larger the look-back assessments, and the ad- country that by now millions of Ameri- common interests of our fellow citi- vertising restrictions—will be imple- cans understand that 3,000 children will zens. That is precisely what most of us mented without the tobacco industry’s start smoking today and will get came here to see this Senate do. And assent, if that is our only choice. hooked—some 6,000 will try it, but 3,000 now we can take pride in the possibil- I think every member of the commit- children will wind up smoking. And of ity of being part of that. tee, I am sure every Member of the those, 1,000 of them will die early be- I believe that when my colleagues Senate, would prefer that the tobacco cause of the habit they get that they read the managers’ amendment, the companies were part of the solution could not kick. Every American has bill that is before them, they will find and not a continued part of the prob- now come to understand the way in that there is in this a mainstream con- lem. We would prefer that they were, in which children have been manipulated, cept, that there is in this a view that fact, signing on to all, everything, that aggressively marketed to, in order to really does represent common sense. I we may embrace here in the Senate. I suck them into this addiction which ul- think it is a rare occasion that, on a believe that the industry’s participa- timately can cost their lives. subject as ripe for dissent as the sub- tion in youth smoking reduction ef- That is what we are voting on on the ject of tobacco, any committee in the forts is obviously preferable, but I floor of the U.S. Senate. That is what Senate could conceivably send a bill to think we have made a genuine effort to this debate will be about over the the floor of the Senate by a vote of 19– try to respond to most of their needs. course of the next few days. There is a 1. As the chairman pointed out and I will May 18, 1998 CONGRESSIONAL RECORD — SENATE S5011 underscore, almost every concept in and their shareholders must now know In the managers’ amendment there this bill was embraced by the tobacco that they will pay significantly if are several improvements that reflect companies in their settlements that youth smoking rates do not decrease Senator CONRAD’s priorities and the they arrived at with the attorneys gen- dramatically, which means they must great work that he has performed as eral. In fact, most of the concepts are join in the efforts to help us reduce leader of the Democratic task force on arrived at in the settlements they have smoking among our youth. That is why tobacco. still reached, most recently last week the look-back assessments are so im- So now the full Senate has the oppor- in Minnesota, with a few exceptions. portant. tunity to work its will, to pass this bill The fact is there are some aspects of Under the managers’ bill, the cap on with the managers’ amendment, to this that are tougher—but tougher in industry-wide assessments has been send America into the next century fact, not tougher in total concept. raised to $4 billion, and there are new with the knowledge that we are a Na- They do reach farther in amount of uncapped company-by-company pay- tion not just with a responsible policy money. There are greater limitations ments of $1,000 per child who smokes. toward an addictive substance, not just on liability because many people be- That is an incentive to be helpful. Not with a responsible policy toward our lieve those liability provisions were only have the assessments been signifi- children, but that we know how to too great. But the fundamental prin- cantly increased but they are no longer translate our conscience into public ciple that there should be some re- tax deductible. That is, in fact, a great- legislation, that we can reach beyond straints, that there should be some er incentive for people to understand partisanship in order to find the com- kind of look back, that there should be that this bill means business. mon ground. advertising restraints, that there In addition, and this is very impor- To my colleagues, I say simply that should be an increase in the price, were tant to many who have been part of the history has finally put this legislation all accepted by the companies them- process, the look-back assessments are on the floor of the Senate in a decade- selves, and it is certainly subject to de- now tied to the liability provision so long fight to protect our children. We bate and to discretion within the Sen- that companies which continue to en- weren’t fighting for party. No one in tice minors will lose any liability pro- ate to ultimately agree on what those this fight ought to have an ideological tections whatever—that is to say the levels ought to be. ax to grind. When first presented to the Com- cap particularly or any other protec- In the final analysis, the one priority merce Committee, the tobacco settle- tions in the aggregation preemption. that will bring us together is fun- I think it is nearly universally ment would have provided the tobacco damental: This debate is about our agreed that we cannot fundamentally companies with what most people be- children and it is about our responsibil- regulate tobacco without a strong and lieve was an unprecedented level of im- effective FDA authority over tobacco ity of raising a generation of healthy munity from civil action—elimination products. The distinguished Presiding children who will live up to their po- of class actions, punitive damages. Ag- Officer has played a critical role, along tential, free from the grasp of a dan- gregation of claims would not have with Dr. Koop and Dr. Kessler, the gerous drug. That is our challenge, and been allowed. Claims based on addic- White House, and the Department of I believe that the Senate can meet it. tion would not have been allowed. It Health and Human Services, in helping I join with my colleague, the Senator would have allowed parent companies to come together in a considerable ef- from Arizona, in suggesting that this is to shield their tobacco profits from li- fort of negotiation in order to come up the moment for the Senate to break ability. It would have risked the abil- with FDA authority within this legis- away from the mendacity, the decep- ity of injured persons to file State lation. tion and willful effort to try to under- claims. It would have kept those State The FDA will have specific and broad cut the health of our kids over such a claims in State courts. new authority to regulate tobacco long period of time. I hope we are going Mr. President, those restraints on products. Indeed, Dr. Koop has publicly to do that. the ability of our citizens to be able to praised the provision as a substantial I yield the floor. seek redress were plain and simply ex- improvement over the provision in the Mr. FRIST addressed the Chair. cessive. These liability restrictions are proposed settlement. I am confident The PRESIDING OFFICER (Mr. especially dangerous to the public that Dr. Koop, Dr. Kessler, and others ASHCROFT). The Senator from Ten- health because this kind of liability will continue to work with Congress on nessee is recognized. threat is, in the final analysis, the this matter to ensure that the FDA has Mr. FRIST. Mr. President, over the strongest and most important insur- the authority it needs to protect kids next several days, we will be discussing ance that the tobacco companies will and to promote public health. a comprehensive piece of legislation take public health concerns seriously, What we have before the Senate is that many of us have participated in finally, after so many years of ignoring not perfect legislation. None of us has drafting over the last really 9, 10 them. ever known a perfect piece, I think, to months—a piece of legislation, which I Let me be clear: The bill before the come to the floor of the Senate. We think is a superb start to accomplish- Senate no longer contains special pro- will have a critical debate in the days ing the goal on which I hope we will tections for the industry. That, I be- ahead about whether or not we can find continue to focus. I think we are going lieve, was an important step towards a room for improvement. There are many to see, over the next several days, a lot workable piece of legislation. ideas that different Senators will offer. of debate and probably a number of We also must pass legislation that I look forward to that debate with re- amendments. We will see a lot of argu- contains high compliance standards to spect to children, with respect to farm- ing back and forth and a lot of turf ensure that retailers will stop selling ers, with respect to liability, attor- wars will be expressed here on the cigarettes to minors. We believe we ney’s fees, and other issues. floor. have strengthened this element of the Finally, we owe a great deal to the I just make a plea to my colleagues bill. We penalize States which do not leadership and hard work of our col- that, throughout that period of time, achieve a 90-percent compliance rate league, Senator KENT CONRAD, who has we keep coming back to what our true after a 5-year grace period. When 62 spoken out on tobacco with a great focus is, the reason for having this bill. percent of 12-to 17-year-old children in deal of passion, but more importantly, It really goes back to some of the data this Nation report they could succeed who helped, through a long process of and statistics that have already been in buying their own cigarettes, that working with the task force, to shape mentioned, which I am sure we will nearly half of them have never been and fold what is in front of the Senate mention again and again. But we are asked to provide a positive identifica- today. I appreciate how sensitive Sen- here in order to reduce the number of tion, it seems to me it is time for us, as ator CONRAD has been toward passing kids smoking, teen smoking, under-age a nation, to get serious about compli- legislation in this Congress and how se- smoking. ance. This bill does that. riously he has fought to make certain We have heard over the last several In order to ensure that the tobacco that Congress will find a middle ground months about the number of kids who companies actually have sufficient in- place where all of us can, hopefully, ul- start smoking every day; 3,000 kids centives to reduce youth smoking, they timately come to agreement. start smoking every day. And 1,000, or S5012 CONGRESSIONAL RECORD — SENATE May 18, 1998 1 out of every 3 of those kids who start restrictive device authority in chapter a revision which I support. In the man- today, will die prematurely. That V. I point this out because it is the rea- agers’ amendment there is a prohibi- means they will die earlier than they son we have created a whole new chap- tion of the FDA from banning tobacco would if they had never started smok- ter for the regulation of tobacco. This sales from a particular type of retail ing. That means a thousand children new chapter reflects that tobacco is a outlet such as convenience stores. In today, over the last 24 hours, have unique product, very different from the managers’ amendment, we limit started smoking and will die before drugs and very different from devices. the FDA authority to the removal of their time because they started smok- Chapter 5 of the Federal Food, Drug the license of individual operators for ing today. Ninety percent of all adult and Cosmetic Act is that chapter that, failure to comply with a licensing smokers began smoking at or before heretofore, an attempt has been made agreement. This addresses the concerns age 18. In fact, 50 percent of all adults to regulate tobacco through. It is the by many of the retailers who came for- smoking today started under the age of drug and device chapter. Tobacco just ward concerned that the FDA could 14—maybe 8, 10, 12, or 13 years of age. does not fit there. Here is one brief ex- ban sales from good operators who are The problem we face today—and, of ample, so that people will understand not selling to kids because of a few bad course, I speak as a Senator now, but I why we created a new chapter. Chapter actors. I support that revision in the also speak as a physician who has 5 calls on the Secretary to determine initial FDA provisions of the bill. taken an oath to dedicate my life to whether the regulatory actions taken In closing, Mr. President, I do have improving the quality of life of oth- will ‘‘provide reasonable assurance of concerns with the McCain bill. I will be ers—is that of premature death. It is as the safety and effectiveness’’ of the open minded when considering amend- simple as that. However, the problem is drug or the device. ments to it. I think it is a very good not getting better, it is actually get- Well, clearly, tobacco is not safe or starting point. But it is a starting ting worse. In fact, the percentage of effective; we know that. It is dangerous point. We can and should work on im- teens smoking every day has increased to one’s health. That has clearly been proving it over the next several days as by 40 percent—these are teenagers, demonstrated over the last 20, 25 years. long as we do not lose sight of our ulti- children—from 17 percent of 12th grad- You can talk about the effectiveness of mate objective. And that is a com- ers smoking in 1992 to 24 percent in a pacemaker or a heart valve or an ar- prehensive approach that looks at pub- 1997. If you look at the teenagers smok- tificial heart; you can talk about those lic health initiatives, that looks at ing from the 8th grade to the 12th devices as being safe and effective. You youth access issues, that looks at the grade, it climbed from 13 percent in really cannot apply that to tobacco. advertising and marketing, because, I 1992 to 18 percent in 1997. So this prob- Therefore, instead of taking tobacco believe, that it is only by having a lem right now is becoming worse. and ramming it through the drug and comprehensive approach that we will Really, the statement I want to device provisions, we felt it was impor- achieve the objective of preventing make and urge all my colleagues to tant to look at the unique nature of to- teen smoking. keep in mind is that our focus has to be bacco, write a separate chapter, and I will be employing one criterion as I on the health of the next generation that is what is in the bill today. It is look at each of the amendments as and to keep in mind the challenges called chapter 9. This gave us the flexi- they come forward. And that is, Is this that youngsters face as they travel bility to create a new standard that amendment likely to complement a from that very tricky path from child- was appropriate for tobacco products. comprehensive campaign to prevent hood to adulthood, surrounded by these The bill states that the Secretary may youth smoking? In other words, does it temptations. Really, what we need to find that regulations and other require- help restrict advertising, promote pub- do is address over the next several ments imposed on tobacco products lic health, and address youth access to days, using the template of this bill ‘‘are appropriate for the protection of tobacco with the end result of a reduc- now on the floor, and ask the question: public health.’’ This is the standard we tion in youth smoking? What can we do to make it more likely use instead of the safety and effective- Mr. President, I yield the floor. that these children will arrive at adult- ness standard found in chapter 5. f hood without crippling addictions? There are a number of other provi- Mr. President, I would like to briefly sions in the device section that are du- MORNING BUSINESS comment on one aspect of this bill, on plicative or not well-suited when you Mr. FRIST. Mr. President, I ask which I have spent a great deal of time. are attempting to regulate tobacco. unanimous consent that there now be a I want to comment on it this evening, Yes, they are appropriate for drugs and period for the transaction of routine as this bill is introduced. It is a part of devices, but not for tobacco. This chap- morning business with Senators per- the bill that is greatly misunderstood ter 9, which is in the underlying bill, mitted to speak for up to 10 minutes by many because they haven’t yet read the managers’ amendment, contains each. the bill or had it presented to them. It certain new provisions that grant the The PRESIDING OFFICER. Without has to do with the Food and Drug Ad- secretary explicit authority to under- objection, it is so ordered. ministration authority in this bill. I take regulatory measures particularly f am not going to walk through the pro- relevant to tobacco. It requires manu- visions, but I want to briefly explain facturers to submit to the secretary in- HONORING THE AMERICAN AUTO- what we set out to do and what is in formation about the ingredients, com- MOBILE ASSOCIATION LIFESAV- the bill. ponents and substances in their prod- ING MEDAL RECIPIENTS Right now, drugs and medical devices ucts. It requires reporting of the con- Mr. DASCHLE. Mr. President, I am are regulated by the FDA in a single tent delivery and form of nicotine in proud to announce to the Senate today chapter. An attempt has been made by their products. It requires reporting of the names of the two young men who the current administration to regulate their research on the health, behav- have been selected to receive the 1998 tobacco through this chapter, chapter 5 ioral, and physiological effects of to- American Automobile Association of FDA law, with the authorities given bacco products. It requires reporting Lifesaving Medal. This award is the the devices. How and why? It basically on the reductions in risks associated highest honor given to members of the is a way, through existing regulation, with available technology, as well as school safety patrol. existing statute or authority, to regu- research on the marketing of tobacco There are roughly 500,000 members of late tobacco as a drug delivery device; products. Yes, this bill does create a the school safety patrol in this coun- but to me it is like taking a round peg new, separate chapter for regulation of try, helping over 50,000 schools. Every and trying to put it in a square hole or tobacco products. But the reason it is day, these young people ensure that taking a square peg and trying to put important is because it does not fit, it their peers arrive safely at school in it in a round hole—it just doesn’t fit. It does not make sense to regulate to- the morning, and back home in the just doesn t fit to try and say that to- bacco as safe or effective. afternoon. bacco should be regulated as a drug de- With that, Mr. President, the only Most of the time, they accomplish livery device. The attempt has been primary change made to the FDA pro- their jobs uneventfully. But on occa- made to regulate tobacco by using the visions in the underlying McCain bill is sion, these volunteers must make split- May 18, 1998 CONGRESSIONAL RECORD — SENATE S5013 second decisions—placing themselves TRIBUTE TO KIMBERLY SCHU- $5,496,348,505,044.25 (Five trillion, four in harm’s way to save the lives of oth- BERT, A GIRL SCOUT GOLD hundred ninety-six billion, three hun- ers. This year’s honorees exemplify AWARD RECIPIENT dred forty-eight million, five hundred this selflessness, and richly deserve Mr. DASCHLE. Mr. President, I five thousand, forty-four dollars and recognition. would like to salute an outstanding twenty-five cents). The first AAA Lifesaving Medal re- young woman who has been honored One year ago, May 15, 1997, the fed- cipient comes from Kensington, Mary- with the Girl Scout Gold Award by Girl eral debt stood at $5,344,063,000,000 land. Scouts of the Black Hills Council in (Five trillion, three hundred forty-four On October 1, 1997, Rock View Ele- Rapid City, SD. Kimberly Schubert of billion, sixty-three million). Twenty-five years ago, May 15, 1973, mentary School Safety Patrol Joseph Rapid City was honored yesterday for the federal debt stood at $452,610,000,000 Coggeshall was preparing to end his earning the highest achievement award (Four hundred fifty-two billion, six shift at the busy intersection of Con- in U.S. Girl Scouting. hundred ten million) which reflects a necticut Avenue and Denfeld Road. The Girl Scout Award symbolizes Getting ready to go home himself, debt increase of more than $5 trillion— outstanding accomplishments in the Joseph noticed one last group of chil- $5,043,738,505,044.25 (Five trillion, forty- areas of leadership, community serv- dren heading home. He decided to stay three billion, seven hundred thirty- ice, career planning and personal devel- at his post a little longer. As they eight million, five hundred five thou- opment. The award can be earned by reached the intersection, two boys, sand, forty-four dollars and twenty-five girls ages 14–17, or in grades 9–12. ages 6 and 7, attempted to go around cents) during the past 25 years. Girl Scouts of the USA, an organiza- Joseph’s outstretched arms and into f tion serving over 3 million girls, has traffic. Reacting quickly, Joseph awarded more than 20,000 Girl Scout MESSAGES FROM THE PRESIDENT grabbed both children, pulling them Gold Awards to Senior Girl Scouts back onto the curb just before they Messages from the President of the since the inception of the program in would have entered into rush-hour traf- United States were communicated to 1980. To receive the award, a Girl Scout fic on a six-lane highway. Joseph prob- the Senate by Mr. Williams, one of his must earn 4 interest projects patches, ably saved those boys’ lives. secretaries. the Career Exploration pin, the Senior This year’s second AAA Lifesaving EXECUTIVE MESSAGES REFERRED Girl Scout leadership award, and the Medal honoree comes from San Mateo, As in executive session the Presiding Senior Girl Scout Challenge, as well as California. Officer laid before the Senate messages On January 5, 1998, St. Timothy design and implement a Girl Scout from the President of the United School Safety Patrol Christopher Gold Award project. A plan for fulfill- States submitting a treaty and one Aquino stood his usual post at the ing these requirements is created by nomination which was referred to the north gate crosswalk. the Senior Girl Scout and is carried Committee on the Judiciary. Close by, a father led his two young out through close cooperation between (The nomination received today is daughters, ages 3 and 6, toward the the girl and an adult Girl Scout volun- printed at the end of the Senate pro- crosswalk. Spotting the family car teer. ceedings.) parked across the street, the 3-year-old As a member of the Girl Scouts of f broke free from her father’s hand, the Black Hills Council, Kim Schubert began working toward the Gold Scout REPORT CONCERNING THE NA- sprinted into the road and into the TIONAL EMERGENCY WITH RE- path of an oncoming truck. On in- Award in 1996. She completed her project in the areas of sports and lead- SPECT TO BURMA—MESSAGE stinct, and with no regard for his own FROM THE PRESIDENT—PM 127 safety, Christopher ran after her, ership, and she richly deserves the pub- grabbed her by the hand and returned lic recognition for this significant serv- The PRESIDING OFFICER laid be- her safely to her father. ice to her community and her country. fore the Senate the following message Mr. President, on behalf of the Sen- f from the President of the United ate, I wish to extend congratulations States, together with an accompanying HONORING THE FLOYDS ON THEIR report; which was referred to the Com- and thanks to these two young men. 50TH WEDDING ANNIVERSARY They are an asset to their commu- mittee on Banking, Housing, and nities, and their families, and neigh- Mr. ASHCROFT. Mr. President, fami- Urban Affairs. bors should be very proud of their cour- lies are the cornerstone of America. To the Congress of the United States: age and dedication. The data are undeniable: Individuals Section 202(d) of the National Emer- I would also like to recognize the from strong families contribute to the gencies Act (50 U.S.C. 1622(d)) provides American Automobile Association for society. In an era when nearly half of for the automatic termination of a na- providing the supplies and training all couples married today will see their tional emergency unless, prior to the necessary to keep the safety patrol on union dissolve into divorce, I believe it anniversary date of its declaration, the duty nationwide. is both instructive and important to President publishes in the Federal Reg- Since the 1920’s, AAA clubs across honor those who have taken the com- ister and transmits to the Congress a the country have been sponsoring stu- mitment of ‘‘till death us do part’’ seri- notice stating that the emergency is to dent safety patrols to guide and pro- ously, demonstrating successfully the continue in effect beyond the anniver- tect younger classmates against traffic timeless principles of love, honor, and sary date. In accordance with this pro- accidents. Easily recognizable by their fidelity. These characteristics make vision, I have sent the enclosed notice fluorescent orange safety belt and our country strong. to the Federal Register for publication, shoulder strap, safety patrol members For these important reasons, I rise stating that the emergency declared represent the very best of their schools today to honor Margaret and Tom with respect to Burma is to continue in and communities. Experts credit school Floyd of Charleston, Illinois, who on effect beyond May 20, 1998. safety patrol programs with helping to June 12, 1998, will celebrate their 50th As long as the Government of Burma lower the number of traffic accidents wedding anniversary. My wife, Janet, continues its policies of committing and fatalities involving young children. and I look forward to the day we can large-scale repression of the demo- We owe AAA our gratitude for their celebrate a similar milestone. The cratic opposition in Burma, this situa- tireless efforts to ensure that our Na- Floyds’ commitment to the principles tion continues to pose an unusual and tion’s children arrive to and from and values of their marriage deserves extraordinary threat to the national school safe and sound. to be saluted and recognized. security and foreign policy of the And we owe our thanks to Joseph f United States. For this reason, I have Coggeshall and Christopher Aquino for determined that it is necessary to their selfless actions. The discipline THE VERY BAD DEBT BOXSCORE maintain in force these emergency au- and courage they displayed deserves MR. HELMS. Mr. President, at the thorities beyond May 20, 1998. the praise and recognition of their close of business Friday, May 15, 1998, WILLIAM J. CLINTON. schools and their communities. the federal debt stood at THE WHITE HOUSE, May 18, 1998. S5014 CONGRESSIONAL RECORD — SENATE May 18, 1998 EXECUTIVE AND OTHER tation of the Privacy Act of 1974’’ (RIN2550– 13, 1998; to the Committee on Armed Serv- COMMUNICATIONS AA05) received on May 13, 1998; to the Com- ices. mittee on Banking, Housing, and Urban Af- EC–4896. A communication from the Chair- The following communications were fairs. man of the Federal Election Commission, laid before the Senate, together with EC–4885. A communication from the Direc- transmitting, pursuant to law, the Commis- accompanying papers, reports, and doc- tor of the Office of Management and Budget, sion’s annual report for calendar year 1997; uments, which were referred as indi- Executive Office of the President, transmit- to the Committee on Rules and Administra- cated: ting, pursuant to law, three reports concern- tion. ing direct spending or receipts legislation EC–4876. A communication from the Direc- within seven days of enactment dated May 6, tor of the Office of Management and Budget, f 1998; to the Committee on the Budget. Executive Office of the President, transmit- EC–4886. A communication from the Direc- ting, pursuant to law, the cumulative report tor of the Regulations Policy and Manage- PETITIONS AND MEMORIALS on rescissions and deferrals dated May 13, ment Staff, Food and Drug Administration, The following petitions and memori- 1998; referred jointly, pursuant to the order Department of Health and Human Services, of January 30, 1975, as modified by the order als were laid before the Senate and transmitting, pursuant to law, the report of were referred or ordered to lie on the of April 11, 1986, to the Committee on Appro- a rule entitled ‘‘Lipase Enzyme Preparation priations, to the Committee on the Budget, From Rhizopus Niveus; Affirmation of GRAS table as indicated: to the Committee on Agriculture, Nutrition, Status as a Direct Food Ingredient’’ (Docket POM–421. A concurrent resolution adopted and Forestry, to the Committee on Com- 90G–0412) received on May 7, 1998; to the by the Legislature of the State of Hawaii; to merce, Science, and Transportation, to the Committee on Labor and Human Resources. the Committee on Agriculture, Nutrition, Committee on Energy and Natural Re- EC–4887. A communication from the Dep- and Forestry. sources, to the Committee on Finance, and uty Executive Director and Chief Operating HOUSE CONCURRENT RESOLUTION NO. 141 to the Committee on Foreign Relations. Officer, Pension Benefit Guaranty Corpora- Whereas, the Personal Responsibility and EC–4877. A communication from the Ad- tion, transmitting, pursuant to law, the re- Work Opportunity Reconciliation Act ministrator of the Farm Service Agency, De- port of a rule entitled ‘‘Allocation of Assets (PRWORA) of 1996, Public Law 104–193, bars partment of Agriculture, transmitting, pur- in Single-Employer Plans; Interest Assump- legal, noncitizen immigrants from receiving suant to law, the report of a rule entitled tions for Valuing Benefits’’ received on May assistance under the federal Food Stamp ‘‘Post Bankruptcy Loan Servicing Notices’’ 13, 1998; to the Committee on Labor and Program; and (RIN0560–AE62) received on May 7, 1998; to Human Resources. Whereas, food stamp eligibility is barred the Committee on Agriculture, Nutrition, EC–4888. A communication from the Chief until legal immigrants become citizens, can and Forestry. of the Programs and Legislation Division of demonstrate forty qualifying quarters of EC–4878. A communication from the Ad- the Office of Legislative Liaison, Depart- work in the United States, or meet five-year ministrator of the Farm Service Agency, De- ment of the Air Force, transmitting, pursu- or military exemptions; and partment of Agriculture, transmitting, pur- ant to law, the report of a cost comparison of Whereas, immigrants who lost their food suant to law, the report of a rule entitled the Personal Development functions at the stamp benefits under PRWORA are legal im- ‘‘Special Combinations for Tobacco Allot- U.S. Air Force Academy, Colorado; to the migrants, residing in the United States ments and Quotas’’ (RIN0560–AF14) received Committee on Armed Services. on May 13, 1998; to the Committee on Agri- EC–4889. A communication from the Chief under one of several immigration provisions culture, Nutrition, and Forestry. of the Programs and Legislation Division of that permit noncitizens to reside in this EC–4879. A communication from the Con- the Office of Legislative Liaison, Depart- country permanently; and gressional Review Coordinator of the Animal ment of the Air Force, transmitting, pursu- Whereas, with most immigrant households and Plant Health Inspection Service, Depart- ant to law, the report of a cost comparison of that lost benefits, at least one child is a ment of Agriculture, transmitting, pursuant the Cadet Subsistence functions at the U.S. United States citizen; and to law, the report of a rule entitled ‘‘Pine Air Force Academy, Colorado; to the Com- Whereas, a large proportion of the legal Shoot Beetle; Quarantined Areas’’ (Docket mittee on Armed Services. immigrants who lost food stamp benefits 97–100–2) received on May 7, 1998; to the Com- EC–4890. A communication from the Chief were the most vulnerable, including chil- mittee on Agriculture, Nutrition, and For- of the Programs and Legislation Division of dren, the elderly, and disabled; and estry. the Office of Legislative Liaison, Depart- Whereas, between August 1996 and July EC–4880. A communication from the Con- ment of the Air Force, transmitting, pursu- 1997, the number of immigrants in Hawaii re- gressional Review Coordinator of the Animal ant to law, the report of a cost comparison of ceiving assistance decreased from 10,332 to and Plant Health Inspection Service, Depart- Civil Engineering functions at Cheyenne 2,285 individuals, a decrease of 8,047 individ- ment of Agriculture, transmitting, pursuant Mountain Air Station, Colorado; to the Com- uals; and to law, the report of a rule entitled ‘‘Medi- mittee on Armed Services. Whereas, based on an average household terranean Fruit Fly; Addition to the Quar- EC–4891. A communication from the Chief size of 2.4 individuals, the Hawaii State De- antined Area’’ (Docket 97–056–11) received on of the Programs and Legislation Division of partment of Human Services estimates that May 13, 1998; to the Committee on Agri- the Office of Legislative Liaison, Depart- there are approximately 2,900 fewer immi- culture, Nutrition, and Forestry. ment of the Air Force, transmitting, pursu- grant families receiving food stamp assist- EC–4881. A communication from the Con- ant to law, the report of a cost comparison of ance; and gressional Review Coordinator of the Animal the Logistics functions at the U.S. Air Force Whereas, last year’s Balanced Budget Act and Plant Health Inspection Service, Depart- Academy, Colorado; to the Committee on began to restore other types of benefits to ment of Agriculture, transmitting, pursuant Armed Services. legal immigrants, such as disability pay- to law, the report of a rule entitled ‘‘Gypsy EC–4892. A communication from the Sec- ments and indigent health care to disabled Moth Generally Infested Areas’’ (Docket 98– retary of the Panama Canal Commission, legal immigrants who were in this country 025–1) received on May 13, 1998; to the Com- transmitting, pursuant to law, the report of in 1996; and mittee on Agriculture, Nutrition, and For- a rule entitled ‘‘Tolls for Use of Canal; Rules Whereas, progress towards restoring the estry. for Measurement of Vessels’’ (RIN3207–AA45) nutritional safety net to some of the most EC–4882. A communication from the Dep- received on May 11, 1998; to the Committee vulnerable groups of legal immigrants must uty Under Secretary for Natural Resources on Armed Services. be continued to make it possible for all and Environment, Department of Agri- EC–4893. A communication from the Sec- working families to meet the responsibilities culture, transmitting, pursuant to law, the retary of Defense, transmitting, pursuant to of health and economic self-sufficiency; and report of a rule regarding the sale and dis- law, a report on proposed obligations for Whereas, the Clinton Administration, as a posal of national forest timber (RIN0596– weapons destruction and non-proliferation in part of its 1999 budget proposal, will propose AB41) received on May 11, 1998; to the Com- the former Soviet Union; to the Committee to restore federal food stamp benefits to mittee on Agriculture, Nutrition, and For- on Armed Services. 730,000 legal immigrants who lost their bene- estry. EC–4894. A communication from the Under fits as a result of PRWORA; now, therefore, EC–4883. A communication from the Gen- Secretary of Defense for Personnel and Read- be it eral Counsel of the National Credit Union iness, transmitting, pursuant to law, a re- Resolved by the House of Representatives of Administration, transmitting, pursuant to port on Reserve component equipment and the Nineteenth Legislature of the State of Ha- law, the report of a rule entitled ‘‘Invest- military construction requirements not in- waii, Regular Session of 1998, the Senate con- ment and Deposit Activities; Corporate Cred- cluded in a fiscal year’s budget request; to curring, That the United States Congress is it Unions’’ received on May 7, 1998; to the the Committee on Armed Services. strongly urged to restore food stamp benefits Committee on Banking, Housing, and Urban EC–4895. A communication from the Under to legal, noncitizen immigrants who have Affairs. Secretary of Defense for Acquisition and been denied participation in the federal Food EC–4884. A communication from the Acting Technology, transmitting, pursuant to law, Stamp Program due to Public Law 104–193, Director of the Office of Federal Housing En- the report of a rule entitled ‘‘Defense Fed- PRWORA; and be it terprise Oversight, transmitting, pursuant to eral Acquisition Regulation Supplement; Further resolved That certified copies of law, the report of a rule entitled ‘‘Implemen- Electronic Funds Transfer’’ received on May this Concurrent Resolution be transmitted May 18, 1998 CONGRESSIONAL RECORD — SENATE S5015 to the President of the United States, the States House of Representatives, Hawaii’s fully together as equals, instead of operating President of the Senate and the Speaker of Congressional Delegation, and the Governor. as opposing and divisive forces, the incentive the House of Representatives of the United grant approach does not require any pre- States, and Hawaii’s Congressional Delega- POM–423. A resolution adopted by the emption of state rights or prerogatives, does tion. Mayor and City Council of the City of not impose any federal mandates upon state LaFollette, Tennessee relative to postal governments, and does not threaten states POM–422. A concurrent resolution adopted services; to the Committee on Governmental with the loss of transportation dollars (in a by the Legislature of the State of Hawaii; to Affairs. bill, ‘‘BESTEA’’, that allegedly provides for the Committee on Agriculture, Nutrition, POM–424. A petition from the Demographer increased funding from the highway and and Forestry. of the State of Michigan relative to the year other transportation funds and restoration HOUSE CONCURRENT RESOLUTION NO. 43 2000 census; to the Committee on Govern- of integrity to those same funds); and mental Affairs. Whereas, this General Assembly is most Whereas, a strong and viable agricultural POM–425. A resolution adopted by the fervently opposed to federal mandates of any industry is vital to Hawaii’s economic base; Council of the City of Oak Ridge, Tennessee kind and requests the U.S. Congress to re- and relative to U.S. Department of Energy mis- spect the 10th Amendment, as well as their Whereas, as many as twenty-four new alien sions in Oak Ridge; to the Committee on counterparts at the state level; now, there- species are introduced into the State each Governmental Affairs. fore, be it year, placing a dire threat on Hawaii’s envi- POM–426. A resolution adopted by the Resolved by the Senate of the One-Hundredth ronment and agriculture industry; and Council of the City of Cincinnati, Ohio rel- General Assembly of the State of Tennessee, Whereas, the cost to the State to eradicate ative to the U.S. Postal Service; to the Com- That this General Assembly hereby memori- or mitigate the harmful effects of these alien mittee on Governmental Affairs. alizes the United States Congress (and spe- species would be monumental; and POM–427. A resolution adopted by the Sen- cifically the Tennessee Congressional delega- Whereas, vegetables and fruits can carry ate of the Legislature of the State of Ten- tion) to refrain from enacting into law the salmonella if they are tainted by sewage nessee; to the Committee on Environment mandates and sanctions imposed on the sev- water or unclean hands; and and Public Works. eral states by S. 1173 (or H.R. 2400, if amend- Whereas, E. coli has been found on lettuce; ed to reflect the Senate Bill) of the One Hun- SENATE RESOLUTION NO. 106 and dred Fifth U.S. Congress and to instead Whereas, in 1996, Guatemalan raspberries Whereas, under the provisions of legisla- maintain the incentive grant approach to ac- that were contaminated with the parasite tion recently passed by the U.S. Senate, each complishing public safety objectives shared Cyclospora cayetanensis resulted in a rash of of the fifty (50) states would stand to lose by state and federal governments. Be it poisoning that sickened thousands of people twenty-one and one-half percent (21.5%) of Further Resolved, That the Chief Clerk of in twenty-nine states; and their annual highway funding if their respec- the Senate is directed to transmit enrolled Whereas, this outbreak occurred again in tive legislatures failed to enact federally copies of this resolution to the Speaker and 1997; and prescribed laws on three (3) public safety the Clerk of the U.S. House of Representa- Whereas, the U.S. Federal Drug Agency issues; and tives; the President and the Secretary of the (FDA) has seven hundred inspectors and lab Whereas, specifically, S. 1173 would compel U.S. Senate; and to each member of Ten- personnel to monitor fifty-three thousand state legislatures to enact the following nessee’s Congressional delegation. food processing plants in the U.S. and all im- three (3) sanctions or else lose a significant ported fresh and processed produce; and amount of their state’s share of federal high- POM–428. A resolution adopted by the Whereas, plant inspections have decreased way dollars: House of the Legislature of the State of from one inspection every three to five years (1) the establishment of .08% as the legal Michigan; to the Committee on Environment in 1992, to one inspection every ten years blood alcohol content level for the offense of and Public Works. today; and driving while intoxicated; HOUSE RESOLUTION NO. 173 Whereas, of the nearly two-thirds of all (2) a prohibition on open containers of al- Whereas, hunting and fishing are impor- winter produce eaten in the U.S., about six coholic beverages in moving motor vehicles; tant activities for millions of Americans. hundred million servings comes into the U.S. and Hunting and fishing afford people an oppor- through the Nogales, Arizona, checkpoint (3) the enactment of mandatory sentences tunity to enjoy the beauty of the outdoors each day; and for drivers who repeatedly operate a motor and to pursue activities strongly associated Whereas, about seventy percent of the vehicle while intoxicated; and with our pioneer heritage of generations trucks go through the Nogales entry gates Whereas, although these three (3) public past. For some people the woods and waters without any inspection of the cargo; and safety objectives are indeed worthy, past ex- are much more than an occasional rec- Whereas, although the FDA is the agency perience has proven that federal mandates reational diversion. For these citizens, hunt- that is primarily responsible for food safety, are not in the best interests of the people of ing and fishing represent a way of life; and its purview is mostly limited to testing for Tennessee and our system of government as Whereas, through intense study, hunting excessive pesticide residue and cursory ran- enunciated by the 10th Amendment to the and fishing have become key tools in manag- dom examination of about thirty percent of United States Constitution, which limits the ing our wildlife resources. Regulations bal- the trucks coming through Nogales, of which federal government’s powers to those specifi- ance the population levels of game animals samples are taken from about three percent cally delineated in the U.S. Constitution, and fish. This has enormous benefits for our of the trucks; and with the remaining powers and duties falling environment; and Whereas, the FDA has no on-the-spot test- under the province of the states’ legisla- Whereas, in recent years, there are increas- ing for pathogens such as cyclospora, tures; and ing numbers of conflicts between those who cryptosporidia, or E. coli, which are all Whereas, these three (3) public safety ob- hunt and fish and certain groups that are linked to food borne illnesses; and jectives are presently being carefully and ex- committed to halting hunting and fishing. Whereas, globalization of the food market- haustively considered by state legislatures, There have been instances of individual and place is exposing some consumers to a host as they should be; and organized efforts to obstruct hunting and of strange microbes, and therefore, legisla- Whereas, these public safety objectives are fishing. In response to growing concerns, tion has been introduced in Congress to cre- strictly state issues, as they encompass pre- Michigan enacted legislation in 1996 to make ate a billion-dollar-a-year Food Safety Ad- cisely the type of powers envisioned by our it a crime to harass a person lawfully en- ministration; now, therefore, be it founding fathers to be reserved to the states gaged in hunting or fishing; and Resolved by the House of Representatives of by the 10th Amendment; and Whereas, in 1996, the citizens of Michigan the Nineteenth Legislature of the State of Ha- Whereas, State legislatures should act to voted on statewide ballot questions related waii, Regular Session of 1998, the Senate con- accomplish these public safety objectives to hunting. Michigan voters strongly sup- curring, That Congress is urged to require only after pertinent data has been accumu- ported a proposal affirming scientific man- that the importation of all agricultural prod- lated and verifiable results have been dem- agement of hunting while rejecting a pro- ucts into Hawaii have a designation of coun- onstrated for their respective state; no two posal that sought to impose restrictions on try or origin and a certification of inspection (2) states are exactly alike and different ap- certain hunting practices. In other states, based on United States Department of Agri- proaches to accomplish these goals may be however, voters have approved significant culture standards to verify that each im- necessary in each state; and restrictions on hunting. In the public discus- ported product has passed all U.S. health and Whereas, past experience has also conclu- sions on these questions, it is clear that agricultural requirements; and be it sively demonstrated that incentive grants many aspects of hunting and fishing are mis- Further resolved, That Congress support the are far more effective than federal mandates; understood by a growing number of people. creation of a federal Food Safety Adminis- and Changes in where people live, as urban and tration; and be it Whereas, the incentive grant approach per- suburban acreage engulfs more of our rural Further resolved, That certified copies of mits state and federal governments to col- areas, likely contribute to misinformation this Concurrent Resolution be transmitted laborate in order to achieve shared public about hunting and fishing and to the President and Vice President of the safety objectives; and Whereas, responsible hunting and fishing United States, the President of the United Whereas, in addition to allowing the states practices, like those exercised by the mil- States Senate, the Speaker of the United and the federal government to work respect- lions of people who enjoy Michigan’s outdoor S5016 CONGRESSIONAL RECORD — SENATE May 18, 1998 bounty each year, enrich us all. Even those Whereas, delay or disruption of federal sur- tect the safety of the traveling public, to who may never know the joys of these sports face transportation funds to the states and begin solving congestion and rural access benefit in the efficient and humane treat- local governments would cause serious trans- problems, to conduct adequate transpor- ment of animals and fish that scientific portation and economic problems for the tation research, and to keep the United management offers. We must ensure that states and their citizens; and States competitive in a global economy; and these time-honored and productive pursuits Whereas, the United States Congress is Whereas, the federal highway program is are available for future generations; now, currently considering various bills and financed by dedicated user fees collected therefore, be it amendments concerning a multiyear reau- from motorists to improve the highway sys- Resolved by the House of Representatives, thorization of ISTEA; and tem and deposited into the federal Highway That we memorialize the Congress of the Whereas, the Legislature of the State of Trust Fund. The Taxpayer Relief Act of 1997 United States to recognize the right of all Idaho recognizes the many positive aspects transferred all federal motor fuel taxes into citizens to hunt and fish; and be it further of ISTEA which should be retained in any the Highway Trust Fund but provided no Resolved, That copies of this resolution be new federal surface transportation author- mechanism to ensure the funds are spent; transmitted to the President of the United ization act, including: the need for develop- and States Senate, the Speaker of the United ment of intermodal transportation systems; Whereas, the 1998 congressional budget States House of Representatives, and the the development of partnerships between would constrain federal highway spending members of the Michigan congressional dele- federal, state, local and tribal governments well below the level of highway tax receipts, gation. for the delivery of transportation systems allowing the Highway Trust Fund’s cash bal- and services; and an increased level of re- ance to grow from just over $22 billion today POM–429. A resolution adopted by the sponsibility and flexibility given to state, to more than $70 billion by 2003; and House of the Legislature of the Common- local and tribal governments to address their Whereas, Hawaii and other states will be wealth of Pennsylvania; to the Committee unique transportation needs and characteris- prohibited from obligating any federal high- on Environment and Public Works. tics; and way funds after April 30, 1998, unless Con- HOUSE RESOLUTION Whereas, ISTEA does need revision in gress and the President enact new highway Whereas, many municipalities own anti- order to eliminate programs that are no legislation by that date; and quated sewerage treatment facilities which longer needed or are unproductive and to re- Whereas, without federal highway funds, face substantial and sometimes complete re- move or revise those provisions which are many states will be forced to delay life-sav- construction to meet Environmental Protec- overly restrictive on the states. Now, there- ing safety improvements, congestion relief tion Agency standards, the cost of which can fore, be it projects, and other road and bridge improve- place extreme hardship on the municipality; Resolved by the members of the Second Regu- ments; now, therefore, be it and lar Session of the Fifty-fourth Idaho Legisla- Resolved by the Senate of the Nineteenth Leg- Whereas, the Environmental Protection ture, the House of Representatives and the Sen- islature of the State of Hawaii, Regular Session Agency has levied significant fines on var- ate concurring therein, That the Congress of of 1998, That the United States Congress ious muicipalities and their authorities for the United States adopt, in as timely a man- enact legislation reauthorizing the federal failure to comply with sewerage treatment ner as possible, a multiyear federal surface highway program by May 1, 1998; and be it standards in the operation of these outdated transportation program reauthorization leg- Further resolved, That the reauthorization systems; and islation which: bill should fund the federal highway program Whereas, municipalities have limited funds 1. Increases total federal funding for high- at the highest level that the user-financed from which to draw for both the fines and ways to the maximum level sustainable by Highway Trust Fund will support; and be it penalties and the repair and construction federal law, including spending authority for Further resolved, That certified copies of and thereby have been or will be forced to funds derived from transfer of 4.3¢ in motor this Resolution be transmitted to the Presi- raise local taxes on residents to pay these fuel taxes from the General Fund to the dent of the United States, the Speaker of the fines and penalties; and Highway Trust Fund; United States House of Representatives, the Whereas, the funds to pay for such fines 2. Includes fair and equitable formulas for President of the United States Senate, and and penalties were raised at the local level, distribution of federal highway funds, based Hawaii’s congressional delegation. thereby seriously depleting resources avail- on the extent and use of the highway system, POM–432. A resolution adopted by the able for the municipalities and their authori- both rural and urban; Board of Commissioners of the Town of ties to take full corrective action for the 3. Recognizes the national interest in fed- Manteo, North Carolina relative to the Cape noncomplying systems; and eral lands and the economic impact on states Hatteras Lighthouse; to the Committee on Whereas, these fines have posed a great with a large percentage of federal lands; Energy and Natural Resources. hardship on those municipalities by forcing 4. Streamlines and simplifies ISTEA by re- POM–433. A resolution adopted by the Sen- them to divert funds needed for the actual ducing regulations and mandates on the ate of the Legislature of the Commonwealth repair and restoration of the noncomplying states; of Pennsylvania; to the Committee on En- systems toward paying for the fines and pen- 5. Provides greater flexibility for state and ergy and Natural Resources. alties; therefore be it local highway programs to spend funds in ac- SENATE RESOLUTION cordance with their unique transportation Resolved, That the House of Representa- Whereas, The Delaware and Lehigh Naviga- characteristics and priorities. Be it tives of the Commonwealth of Pennsylvania tion Canal National Heritage Corridor was Further resolved That the Chief Clerk of the memorialize the Congress of the United established by the Congress of the United House of Representatives be, and she is here- States to enact legislation directing the En- States in 1988 pursuant to the Delaware and by authorized and directed to forward a copy vironmental Protection Agency to return no Lehigh Navigation Canal National Heritage of this Memorial to President Bill Clinton, less than 80% of all fines and penalties col- Corridor Act of 1988 (Public Law 100–692, 102 Secretary of Transportation Rodney Slater, lected from any municipality, its authorities Stat. 4552); and the President of the Senate and the Speaker or agencies to some for the rehabilitation of Whereas, The Corridor was established to of the House of Representatives of Congress, the existing facilities to bring those facili- define the boundaries of these historic water- and the congressional delegation of the State ties to required environmental standards, ways and to coordinate efforts to preserve of Idaho in the Congress of the United which may include expenditures for equip- their unique and historic character in rec- States. ment and materials to correct operating de- ognition of the important role that the Dela- ficiencies at the facilities involved in the ware Canal and the Lehigh Navigation Canal POM–431. A resolution adopted by the Sen- violation; and be it played in transporting coal from the anthra- ate of the Legislature of the State of Hawaii; Further resolved, That copies of this resolu- cite region of Pennsylvania’s northeast to to the Committee on Environment and Pub- tion be transmitted to the presiding officers the industrial regions of New York, New Jer- lic Works. of each house of Congress and to each mem- sey and Philadelphia, which helped to trans- ber of Congress from Pennsylvania. SENATE RESOLUTION NO. 76 form Pennsylvania from an economy based Whereas, a safe and efficient highway sys- on agriculture to an economy based on in- POM–430. A concurrent resolution adopted tem is essential to the nation’s international dustry and trade; and by the Legislature of the State of Idaho; to competitiveness, key to domestic productiv- Whereas, Congress established the Corridor the Committee on Environment and Public ity, and vital to our quality of life; and for the purpose of assisting the Common- Works. Whereas, Hawaii has critical highway in- wealth of Pennsylvania and its local govern- HOUSE JOINT MEMORIAL NO. 13 vestment needs that cannot be addressed ments in developing and implementing inte- Whereas, the Intermodal Surface Transpor- with current financial resources. The Fed- grated cultural, historical and natural re- tation Efficiency act (ISTEA) of 1991, Public eral Highway Administration rates 313 miles source policies that will preserve the Dela- Law 102–240, expired on September 30, 1997, of Hawaii’s most important roads in either ware Canal’s and the Lehigh Navigation Ca- and federal surface transportation programs poor or mediocre condition and judges 51 per nal’s unique contributions to our national are now being temporarily authorized under cent of our bridges to be deficient; and heritage; and the Surface Transportation Extension Act Whereas, the current level of federal fund- Whereas, Congress established the Dela- (STEA) of 1997, which expires on May 1, 1998; ing for the nation’s highway system is inad- ware and Lehigh Navigation Canal National and equate to meet rehabilitation needs, to pro- Heritage Corridor Commission to organize May 18, 1998 CONGRESSIONAL RECORD — SENATE S5017 these efforts, to coordinate the development wealth of Pennsylvania and its local govern- impact on the public health and welfare in of a Cultural Heritage and Corridor Manage- ments in developing and implementing inte- each state; and ment Plan and to facilitate the distribution grated cultural, historical and natural re- Whereas, The Legislature of the State of of funds to projects undertaken in the Cor- source policies that will preserve the Dela- Kansas created the Retail Wheeling Task ridor; and ware Canal’s and the Lehigh Navigation Ca- Force, composed of legislators and represent- Whereas, The Cultural Heritage and Cor- nal’s unique contributions to our national atives of all interested parties, to study and ridor Management Plan authorized by Con- heritage; and make recommendations regarding competi- gress to coordinate Federal, State and local Whereas, Congress established the Dela- tion in retail sales of electricity in Kansas; efforts in this regard has been completed ware and Lehigh Navigation Canal National and with the cooperation of many Federal, State Heritage Corridor Commission to organize Whereas, The Task Force devoted long and local agencies; and these efforts, to coordinate the development hours for 18 months to understanding the Whereas, Consistent with the purposes of of a Cultural Heritage and Corridor Manage- issue of competition in retail sales of elec- the act, the implementation of the Cultural ment Plan and to facilitate the distribution tricity, its potential impact on the citizens Heritage and Corridor Management Plan has of funds to projects undertaken in the cor- of this state and means of addressing the resulted in a strong regional coalition that ridor; and issue to benefit the greatest number of Kan- has sparked dozens of community revitaliza- Whereas, The Cultural Heritage and Cor- sans; and tion, economic development and resource ridor Management Plan authorized by Con- Whereas, The federal government does not preservation projects in Luzerne, Carbon, Le- gress to coordinate Federal, State and local have the knowledge, time or money nec- essary to similarly assess the needs of each high, Northampton and Bucks counties; and efforts in this regard has been completed individual state: Now, therefore, Whereas, The existence of the Corridor has with the cooperation of many Federal, State Be it resolved by the House of Representatives encouraged individual communities to inter- and local agencies; and of the State of Kansas, the Senate concurring pret their heritage in the context of a na- Whereas, Consistent with the purposes of therein: The Legislature of the State of Kan- tionally significant story of settlement and the act, the implementation of the Cultural industrialization and has assisted those com- sas strongly urges the Congress of the United Heritage and Corridor Management Plan has States not to take action to mandate com- munities in the development of educational resulted in a strong regional coalition that public programs for people of all ages and in- petition in retail sales of electricity and to has sparked dozens of community revitaliza- leave that responsibility to the individual terests; and tion, economic development and resource Whereas, The Corridor has received $2.7 states; and preservation projects in Luzerne, Carbon, Le- Be it further resolved: The Secretary of million in Federal funds and has stimulated high, Northampton and Bucks Counties; and $29.1 million in State, local and private State is directed to send enrolled copies of Whereas, The existence of the corridor has this resolution to the President of the matching dollars at a rate of greater than encouraged individual communities to inter- ten to one, creating new investment and im- United States Senate, the Speaker of the pret their heritage in the context of a na- United States House of Representatives, provements to the natural, cultural, scenic tionally significant story of settlement and each United States Senator and each United and historic resources of the Corridor; and industrialization and has assisted those com- Whereas, The Delaware and Lehigh Naviga- States Representative representing Kansas, munities in the development of educational the secretary of the United States Depart- tion Canal National Heritage Corridor Com- public programs for people of all ages and in- mission is scheduled to terminate on Novem- ment of Energy and the President of the terests; and United States. ber 18, 1998; and Whereas, The corridor has received $2.7 Whereas, The Delaware and Lehigh Naviga- million in Federal funds and has stimulated POM–436. A joint resolution adopted by the tion Canal National Heritage Corridor Com- $29.1 million in State, local and private Legislature of the State of Idaho; to the mission, recognizing the continued relevance matching dollars at a rate of greater than Committee on Energy and Natural Re- of the commission’s activities to preserve ten to one, creating new investment and im- sources. the Corridor, has requested that Congress provements to the natural, cultural, scenic authorize a ten-year extension of the com- HOUSE JOINT MEMORIAL NO. 9 and historical resources of the corridor; and mission to the year 2008 and authorize addi- Whereas, Idaho was admitted to the Union Whereas, The Delaware and Lehigh Naviga- tional Federal funds for the completion of on July 3, 1890; and tion Canal National Heritage Corridor Com- the goals set in the Cultural Heritage and Whereas, the Idaho Admission Bill, 26 Stat. mission is scheduled to terminate on Novem- Corridor Management Plan; therefore be it L. 215, ch. 656, provides that the Congress ber 18, 1998; and Resolved, That the Senate of the Common- would grant certain lands to the state for the Whereas, The Delaware and Lehigh Naviga- wealth of Pennsylvania memorialize Con- support of public schools and did grant those tion Canal National Heritage Corridor Com- gress to authorize a ten-year extension of lands; and mission, recognizing the continued relevance the Delaware and Lehigh Navigation Canal Whereas, Section 5 of the Idaho Admission of the commission’s activities to preserve National Heritage Corridor Act and to au- Bill, 26, Stat. L. 215, ch. 656, requires that the the corridor, has requested that Congress au- thorize continued Federal support for Cor- proceeds from the sale of those lands shall thorize a ten-year extension of the commis- ridor projects; and be it further constitute a permanent school fund, only the Resolved, That copies of this resolution be sion to the year 2008 and authorize addi- interest of which can be used to support pub- transmitted to the President of the United tional Federal funds for the completion of lic schools; and Whereas, the restrictions on the use of pro- States, to the presiding officers of each the goals set in the Cultural Heritage and ceeds and interest are inconsistent with house of Congress and to each member of Corridor Management Plan; therefore be it modern concepts of prudent investment; and Congress from Pennsylvania. Resolved, That the House of Representa- tives of the Commonwealth of Pennsylvania Whereas, the restrictions can be modified to reflect modern business practices without POM–434. A resolution adopted by the memorialize Congress to authorize a ten- undue risk to the state or the beneficiaries House of the Legislature of the Common- year extension of the Delaware and Lehigh Navigation Canal National Heritage Corridor of the funds: wealth of Pennsylvania; to the Committee Now therefore, be it resolved by the members on Energy and Natural Resources. Act and to authorize continued Federal sup- port for corridor projects; and be it further of the Second Regular Session of the Fifty- HOUSE RESOLUTION Resolved, That copies of this resolution be fourth Idaho Legislature, the House of Rep- Whereas, The Delaware and Lehigh Naviga- transmitted to the President of the United resentatives and the Senate concurring therein, tion Canal National Heritage Corridor was States, to the presiding officers of each That the Congress expeditiously amend the established by the Congress of the United house of Congress and to each member of Idaho Admissions Bill, 26 Stat. L. 215, ch. 656, States in 1988 pursuant to the Delaware and Congress from Pennsylvania. as follows: Section 5. Sale or lease of school Lehigh Navigation Canal National Heritage lands. (a) Except as provided in subsection Corridor Act of 1988 (Public Law 100–692, 102 POM–435. A concurrent resolution adopted (b) all lands herein granted for educational Stat. 4552); and by the Legislature of the State of Kansas; to purposes shall be disposed of sold only at Whereas, The corridor was established to the Committee on Energy and Natural Re- public sale, the proceeds to constitute a per- define the boundaries of these historic water- sources. manent public school permanent endowment ways and to coordinate efforts to preserve fund. Proceeds from the sale of school lands their unique and historic character, in rec- HOUSE CONCURRENT RESOLUTION NO. 5035 may be deposited into a land bank fund to be ognition of the important role that the Dela- Whereas, Each state is able and has the used to acquire other lands in the state for ware Canal and the Lehigh Navigation Canal right to determine if there should be com- the benefit of the endowment beneficiaries, played in transporting coal from the anthra- petition in retail sales of electricity within under such laws as may be prescribed by the cite region of Pennsylvania’s northeast to the state and the time period for implemen- legislature. If the land sale proceeds are not the industrial regions of New York, New Jer- tation of competition; and used to acquire other lands in the state with- sey and Philadelphia, which helped to trans- Whereas, Each state has unique electric in a time provided by the legislature, the form Pennsylvania from an economy based power supply sources and demand require- proceeds and any earnings on the proceeds on agriculture to an economy based on in- ments that cannot readily be accommodated shall be deposited into the public school per- dustry and trade; and by a federal mandate; and manent endowment fund. The interest earn- Whereas, Congress established the corridor Whereas, Availability of reliable electric ings of which only the public school perma- for the purpose of assisting the Common- energy at affordable prices has a tremendous nent endowment fund shall be deposited into S5018 CONGRESSIONAL RECORD — SENATE May 18, 1998 an earnings reserve fund and distributed ex- in rights-of-way access to unreserved, or for- Whereas, implementation of ICBEMP will pended in the support of said public schools merly unreserved public lands; and have major impacts on the management of of the state in the manner prescribed by law. Whereas, as counties are entitled to re- federal lands and therefore major impacts on Such lands may, under such regulations laws ceive 25% of receipts from national forest the counties of this state including a reduc- as the legislature shall prescribe, be leased, lands, the new policy has the potential of tion in human economic use of public lands, for periods of not more than ten years, and eliminating $100 million dollars in des- delays in land use decision-making and new in the case of an oil, gas, or other hydro- perately needed moneys for local schools; restrictions on both commodity and non- carbon lease or a geothermal resource and and commodity public land outputs, including associated byproducts lease, for as long Whereas, the administration has only eval- recreation; and thereafter as such product is produced in uated the devastating economic effect on Whereas, the preferred alternative in the paying quantities or the lessee in good faith timber harvest and is ignoring the negative DEIS, while supposedly designed to aggres- is conducting well drilling or construction impact on mining, grazing, commercial and sively restore ecosystems and support peo- operations provided any such lease secures private recreationists and local economies; ple, in reality focuses on ecosystem protec- the maximum long-term financial return, and tion to be achieved by minimizing human and such lands shall not be subject to pre- Whereas, unemployment rates could rise impacts to the environment; and emption, homestead entry, or any other up to 33% in 7 western states and in some Whereas, the DEIS’s Desired Range of Fu- entry under the land laws of the United eastern and southern states; and ture Conditions reflect the personal values of States, whether surveyed or unsurveyed, but Whereas, forest roads are an integral part its authors and are not necessarily based on shall be reserved for school purposes only. (b) of maintaining forest health, as well as an a sound scientific information; and Such lands may be exchanged for other integral part of a socioeconomic base that Whereas, ecological considerations have lands, public or private. The values of such would shortchange rural counties of millions been given more weight than providing pre- lands so exchanged shall be approximately in revenue for having federal forests within dictable levels of goods and services from equal or, if they are not approximately their boundaries; and federal lands while procedures and standards equal, they shall be equalized by the pay- Whereas, a road moratorium would pre- for measurement have not been developed for ment of money by the appropriate party. If empt all state and local laws and regula- ecosystem health and ecological integrity; any such lands are exchanged with the tions; now, therefore, be it and United States, such exchange shall be lim- Resolved, by the members of the Second Whereas, the ICBEMP DEIS fails to explic- ited to Federal lands within the State that Regular Session of the Fifty-fourth Idaho itly identify the economic or social needs of are subject to exchange under the laws gov- Legislature, the House of Representatives people, cultures, and communities in the Co- erning the administration of such lands. All and the Senate concurring therein, that the lumbia River Basin as they pertain to federal such exchanges heretofore made with the Congress of the United States is urged to lands and fails to define sustainable and pre- United States are hereby approved; recognize state and county rights-of-way dictable levels of products and services from Be it further resolved that the Secretary of under Revised Statute 2477 and take appro- U.S. Forest Service and Bureau of Land Man- the House of Representatives be, and she is priate action to invalidate the proposed pol- agement lands; and hereby authorized and directed to forward a icy change for forest roadless areas; and be it Whereas, the DEIS contains no significant copy of this Memorial to the President of the further legal justification for shifting to ecosystem Senate and the Speaker of the House of Rep- Resolved that the Congress of the United based management while at the same time resentatives of Congress, and the congres- States is urged to do all within its statutory nullifying the many years of cooperative ef- sional delegation representing the State of authority to deny funding for the implemen- fort contained in existing land management Idaho in the Congress of the United States. tation of the proposed policy change by ad- plans; now, therefore, be it ministrative fiat; and be it further Resolved by the members of the Second POM–437. A joint resolution adopted by the Resolved that the Chief Clerk of the House Regular Session of the Fifty-fourth Idaho Legislature of the State of Idaho; to the of Representatives be, an she is hereby au- Legislature, the House of Representatives Committee on Energy and Natural Re- thorized and directed to forward a copy of and the Senate concurring therein, that we sources. this Memorial to the Honorable William urgently request the Congress of the United HOUSE JOINT MEMORIAL NO. 10 Clinton, President of the United States, to States to take action immediately to termi- the Honorable Dan Glickman, Secretary of Whereas, on January 22, 1998, U.S. Forest nate the Interior Columbia Basin Ecosystem Agriculture, to Chief Michael Dombeck, Service chief Michael Dombeck proposed a Management Project with no Record of Deci- United States Forest Service, to the Presi- major overhaul of the forest road system, in- sion being approved. We request that all dent of the Senate and the Speaker of the cluding a proposal to halt all road construc- funding enabling further action toward the House of Representatives of Congress, the tion in roadless areas of national forests; and implementation be terminated and with- congressional delegation representing the Whereas, forests occupy some 3⁄4 billion drawn from all federal agencies involved. All State of Idaho in the Congress of the United acres, or 1⁄3 of the land area of the United valid science based information developed by States, and to the Honorable Phil Batt Gov- States and the change would effectively cre- this project should be communicated to BLM ernor of the State of Idaho. ate the largest de facto wilderness bill in his- district managers and National Forest super- tory which would close public access to in visors for consideration of public input in POM–438. A joint resolution adopted by the excess of 47% of the national forest land base statutorily scheduled environmental land Legislature of the State of Idaho; to the outside established wilderness, as well as and resource management plan revisions; be Committee on Energy and Natural Re- limit access to wilderness; and it further sources. Whereas, this proposed policy change will Resolved that the members of the Second result in an eighteen-month moratorium on HOUSE JOINT MEMORIAL NO. 14 Regular Session of the Fifty-fourth Idaho road building within roadless areas currently Whereas, the United States Department of Legislature, the House of Representatives defined as areas over 5,000 acres, roadless Agriculture, in concert with the United and the Senate concurring therein, strongly areas identified and inventoried within their States Department of the Interior, has been support natural resource planning and envi- forest plans, roadless areas over 1,000 acres actively involved for the last three and one- ronmental management featuring site-spe- that are adjacent to other roadless areas of half years in the promulgation of a $35–40 cific management decisions made by local 5,000 acres or larger which are congression- million dollar land management project in- decision-makers, local citizenry and parties ally designated wilderness or ‘‘wild river’’ volving virtually all of the Northwestern directly and personally affected by environ- corridors, roadless or very low density areas States, named the Interior Columbia Basin mental land and resource management deci- designated for inclusion by regional foresters Ecosystem Management Project (ICBEMP); sions; and be it further because of their unique ecological or social AND Resolved that the Chief Clerk of the House values, and decommissioning of ‘‘unneeded’’ Whereas, ICBEMP has not been properly of Representatives be, and she is hereby au- existing roads; and authorized by the United States Congress, thorized and directed to forward a copy of Whereas, a moratorium by administrative nor coordinated with the state of Idaho, not- this Memorial to the Secretary of the United fiat circumvents the public participation and withstanding the inevitable involvement of States Department of Interior, to the Chief environmental documentation requirements intermingled state and private lands; and of the Forest Service of the United States of the National Environmental Policy Act Whereas, representatives of a number of Department of Agriculture, to the President and the National Forest Management Act, as federal wildlife, natural resource and land of the Senate and the Speaker of the House well as the Congress of the United States; management agencies have been engaged in of Representatives of Congress, and the con- and the preparation of an ICBEMP Draft Envi- gressional delegation representing the state Whereas, Idaho Code sections 40–107 and 40– ronmental Impact Statement (DEIS) without of Idaho in the Congress of the United 204A define ‘‘federal lands rights-of-way’’ sufficient regard to or consideration of state States. within the context of Revised Statute 2477, concerns and interests; and codified as 43 United States Code 932, and Whereas, there is no definitive description POM–439. A joint resolution adopted by the Idaho House Joint Memorial No. 6 of 1993 af- of an ecosystem or ecosystem management Legislature of the State of Washington; to firms Idaho’s interest in maintaining Re- contained in the ICBEMP DEIS as drafted, the Committee on Energy and Natural Re- vised Statute 2477 authorization and grants, and associated documents; and sources. May 18, 1998 CONGRESSIONAL RECORD — SENATE S5019

SUBSTITUTE HOUSE JOINT MEMORIAL 4035 Whereas, each year the federal government ties, and titles of the Gila Project, and des- Whereas, The citizens of Washington State receives billions of dollars in revenues from ignated lands within or adjacent to the Gila place great value upon their natural heritage the development of oil and natural gas re- Project, to the Wellton-Mohawk Irrigation and desire to protect and enhance it; and sources on the federal Outer Continental and Drainage District, and for other pur- Whereas, The growing population of Wash- Shelf, a capital asset of this nation; and poses; to the Committee on Energy and Nat- ington State is placing growing demands on Whereas, the federal government does not ural Resources. the state’s natural resources available for share directly with the coastal states a By Mr. MURKOWSKI: recreation; and meaningful share of these revenues, while S. 2088. A bill to require the Secretary of Whereas, Because of this growing demand the federal government does share with Agriculture to grant an easement to Chu- and its attendant impacts on the environ- states fifty percent of the revenues from on- gach Alaska Corporation, and for other pur- ment, the federal government is considering shore federal mineral development; and poses; to the Committee on Energy and Nat- restrictions on public access to popular Whereas, at least a portion of the revenues ural Resources. recreation sites in Washington’s central Cas- from this capital asset of the nation should By Mr. CONRAD (for himself and Mrs. cade Mountains; and be reinvested in infrastructure and environ- FEINSTEIN): Whereas, Plum Creek Timber Company, mental restoration in the coastal regions of S. 2089. A bill to amend the Internal Reve- L.P. presently owns numerous sites near the this nation; and nue Code of 1986 to allow employers a credit Alpine Lakes Wilderness Area which are of Whereas, states that host onshore activi- against income tax for information tech- surpassing recreational and environmental ties in support of the offshore federal Outer nology training expenses paid or incurred by value; and Continental Shelf mineral development the employer, and for other purposes; to the Whereas, Such lands are located in a should receive a share of these revenues to Committee on Finance. ‘‘checkerboard’’ pattern of alternating sec- offset state impacts of this development; and By Mr. CHAFEE (for himself, Mr. tions, and configuration that presents both Whereas, the Outer Continental Shelf Pol- INHOFE, Mr. GRAHAM, Mr. SMITH of private and public land managers with dif- icy Committee of the United States Depart- New Hampshire, and Mr. JEFFORDS): ficulties in meeting their respective objec- ment of the Interior has recommended that S. 2090. A bill to extend the authority of tives; and all states, and the territories, should receive the Nuclear Regulatory Commission to col- Whereas, Both sectors have stated a will- a portion of these revenues as an automatic lect fees through 2003, and for other pur- ingness to exchange lands to accommodate payment annually pursuant to a formula poses; to the Committee on Environment and mutual interests; and based on proximity to offshore production, Public Works. Whereas, The federal government and miles of shoreline and population; and Plum Creek Timber Company are completing Whereas, members of Congress represent- SUBMISSION OF CONCURRENT AND an environmental impact statement for an ing coastal states are preparing federal legis- SENATE RESOLUTIONS exchange of private and public lands in the lation to enact the proposal to share a por- Cascade Mountains; and tion of federal Outer Continental Shelf reve- The following concurrent resolutions Whereas, This process has involved exten- nues with all coastal states and the terri- and Senate resolutions were read, and sive public participation; and tories; therefore, be it referred (or acted upon), as indicated: Whereas, This exchange complements the Resolved that the Legislature of Louisiana By Mr. BENNETT: President’s Forest Plan; and memorializes the Congress of the United S. Res. 231. A resolution to make a tech- Whereas, This exchange, if completed as States to support and adopt legislation to nical amendment to Senate Resolution 208; currently proposed, would transfer into pub- provide for the sharing of revenues generated considered and agreed to. lic ownership up to 60,000 acres of private through mineral exploration on the federal By Mrs. FEINSTEIN (for herself, Mr. land while transferring into private owner- Outer Continental Shelf with coastal states BROWNBACK, Mr. DODD, and Ms. ship up to 40,000 acres of public land; and and territories pursuant to a formula rec- LANDRIEU): Whereas, The United States Forest Service ommended by the Outer Continental Shelf S. Con. Res. 97. A concurrent resolution ex- and Plum Creek Timber Company L.P., have Policy Committee; and be it further pressing the sense of Congress concerning worked toward this land exchange for over a Resolved that a copy of this Resolution be the human rights and humanitarian situa- decade, expending more than two million transmitted to the secretary of the United tion facing the women and girls of Afghani- dollars in environmental studies and land States Senate, the clerk of the United States stan; to the Committee on Foreign Rela- analysis; and House of Representatives and to each mem- tions. Whereas, Time is of the essence because ber of the Louisiana Congressional delega- tion. the longer it takes to complete the ex- f change, the less private land will be pre- f cluded from harvest activities; Now, therefore, Your Memorialists respect- EXECUTIVE REPORTS OF STATEMENTS ON INTRODUCED fully pray that the United States Govern- COMMITTEE BILLS AND JOINT RESOLUTIONS ment promptly complete the proposed Inter- By Mr. KYL (for himself and Mr. state 90 land exchange, thus securing the The following executive reports of MCCAIN): greatest possible environmental, rec- committees were submitted: reational, and land-management benefits at By Mr. BOND, from the Committee on S. 2087. A bill to authorize the Sec- the earliest possible time; be it Small Business: retary of the Interior to convey certain Resolved, That copies of this Memorial be Fred P. Hochberg, of New York, to be Dep- works, facilities, and titles of the Gila immediately transmitted to the Honorable uty Administrator of the Small Business Ad- Project, and designated lands within or William J. Clinton, President of the United ministration. adjacent to the Gila Project, to the States, the President of the United States (The above nomination was reported Wellton-Mohawk Irrigation and Drain- Senate, the Speaker of the House of Rep- with the recommendation that he be age District, and for other purposes; to resentatives, the United States Secretary of the Committee on Energy and Natural Agriculture Dan Glickman, and each mem- confirmed, subject to the nominee’s ber of Congress from the State of Washing- commitment to respond to requests to Resources. ton. appear and testify before any duly con- WELLTON-MOHAWK TITLE TRANSFER ACT OF 1998 stituted committee of the Senate.) ∑ Mr. KYL. Mr. President, today I in- POM–440. A concurrent resolution adopted f troduced a bill to transfer title to the by the Legislature of the State of Louisiana; Wellton-Mohawk Irrigation and Drain- to the Committee on Energy and Natural Re- INTRODUCTION OF BILLS AND age District in Yuma, Arizona from the sources. JOINT RESOLUTIONS Federal Government to the project SENATE CONCURRENT RESOLUTION NO. 16 The following bills and joint resolu- beneficiaries. The repayment obliga- Whereas, the coastal regions of the United tions were introduced, read the first tion for construction costs was fully States are fragile environmentally and under satisfied as of May 30, 1987. This bill is intense pressure from storms and natural and second time by unanimous con- the product of intensive negotiations disasters, population growth and, in some sent, and referred as indicated: states, from onshore support activities that By Mr. KYL (for himself and Mr. between the project beneficiaries and are necessitated by the development of the MCCAIN): the Bureau of Reclamation and will be nation’s oil and natural gas resources on the S. 2087. A bill to authorize the Secretary of the subject of a hearing in the Water federal Outer Continental Shelf; and the Interior to convey certain works, facili- and Power Subcommittee on June 9. At S5020 CONGRESSIONAL RECORD — SENATE May 18, 1998 that time, I will hear from all inter- for his cosponsorship of this bill, and I and lands, the United States shall not be ested parties about how to successfully look forward to his support, as well as held liable by any court for damages of any complete this project transfer. that of the rest of my colleagues, on kind arising out of any act, omission, or oc- As you may know, Mr. President, nu- currence relating to the conveyed works, fa- this measure. cilities, and lands, except for damages merous project transfers have been pro- Mr. President, I ask unanimous con- caused by acts of negligence committed by posed, both in this session of Congress sent that the text of the bill be printed the United States or by its employees, and the 104th Session. Thus far, none in the RECORD.∑ agents, or contractors as provided in the have been completed. With this bill, we There being no objection, the bill was Federal Tort Claims Act (28 U.S.C. 2671 et in Arizona hope to reverse that trend. ordered to be printed in the RECORD, as seq.). In March of this year, I met with Patty follows: (e) AGRICULTURAL RETURN FLOWS.—As a condition of transfer, Wellton-Mohawk shall Beneke, Assistant Secretary of the In- S. 2087 agree that: (1) the volume of agricultural re- terior for Water and Science, and Bob Be it enacted by the Senate and House of Rep- turn flows from Wellton-Mohawk delivered Johnson, Regional Director for the Bu- resentatives of the United States of America in to Reclamation’s Main Outlet Drain at Sta- reau of Reclamation, and they assured Congress assembled, tion 0+00 shall comply with applicable law me that the Wellton-Mohawk project SECTION 1. SHORT TITLE. and contracts and shall not exceed 175,000 an- was a perfect example of the kind of This Act may be cited as the ‘‘Wellton-Mo- nual acre feet; and (2) Wellton-Mohawk and project that should transfer under the hawk Title Transfer Act of 1998’’. Reclamation shall work cooperatively to at- administration’s 1995 Framework for SEC. 2. CONVEYANCE OF TITLE TO WORKS, FA- tempt to limit return flows to the design ca- CILITIES AND LANDS. pacity of the Yuma Desalinization Plant. Transfer. I believe Bob Johnson re- (a) DEFINITIONS.— (f) REPORT.—The Secretary shall provide a ferred to this project as ‘‘low-hanging (1) MEMORANDUM OF AGREEMENT.—The term report to the Committee on Resources of the fruit.’’ I assume by that, he meant that ‘‘Memorandum of Agreement’’ means the United States House of Representatives and it could transfer quickly and easily. I agreement between the Secretary and to the Committee on Energy and Natural Re- hope this is the case. Wellton-Mohawk, relating to the transfer, sources of the United States Senate within The Wellton-Mohawk project is lo- dated on or before July 1, 1998. eighteen months from the date of enactment cated in Yuma County, Arizona and ir- (2) RECLAMATION.—The term ‘‘Reclama- of this Act on the status of the transfer, any obstacles to completion of the transfer as rigates approximately 63,000 acres of tion’’ means the Department of the Interior, Bureau of Reclamation. provided in this Act, and the anticipated prime agricultural lands. This irriga- (3) SECRETARY.—The term ‘‘Secretary’’ date for such transfer. tion district is a major contributor to means the Secretary of the Interior. (g) AUTHORIZATION.—There are authorized the economy of Yuma County—the (4) WELLTON-MOHAWK.—The term to be appropriated such sums as necessary largest agriculturally developed coun- ‘‘Wellton-Mohawk’’ means the Wellton-Mo- for the purposes of this Act. ty in Arizona—and posts approxi- hawk Irrigation and Drainage District, an ir- Mr. MCCAIN. Mr. President, I rise mately three-quarters of a billion dol- rigation and drainage district created, orga- today in support of legislation to au- lars in annual agricultural sales. nized, and existing under and by virtue of thorize the Secretary of the Interior to the Laws of the State of Arizona. Transfer of title from the Federal Gov- (5) WESTERN.—The term ‘‘Western’’ means transfer certain works, facilities, and ernment will affect neither the produc- the Department of Energy, Western Area titles of the Gila Project, and des- tivity nor the efficiency of the irriga- Power Administration. ignated lands to the Wellton-Mohawk tion district. I believe that transfer (b) IMPLEMENTATION. The Secretary shall Irrigation and Drainage District. This would only enhance the District’s pro- carry out the provisions of the Memorandum legislation will allow the Bureau of ductivity. of Agreement. If transfer has not occurred by Reclamation to carry out a transfer Both sides stand to benefit from this the date set forth in the Memorandum of under the terms and conditions of a co- title transfer. The District looks for- Agreement, but review under the National Environmental Policy Act has been com- operative agreement between the Bu- ward to a reduction in Federal Govern- pleted and fair market value has been estab- reau and the District. ment involvement; would benefit from lished, then upon tender of fair market value I am pleased that my colleague from better land-management opportunities; to the Secretary by Wellton-Mohawk, all Arizona, Senator JON KYL, has taken and would have the opportunity to as- right, title, and interest of the United States the lead in crafting this important pro- sure increased protection of the envi- in and to the works, facilities, and lands de- posal. It will enable the Bureau of Rec- ronmental values of the Gila River ri- scribed in the Memorandum of Agreement lamation to divest its responsibility for parian habitat. The Federal Govern- shall transfer to and vest in Wellton-Mo- the operation, maintenance, manage- ment benefits, too. A successful title hawk by operation of Law. The Secretary ment, and regulation of Wellton-Mo- shall provide such evidence of title as may be transfer would advance the administra- requested by Wellton-Mohawk. In the event hawk. The Wellton-Mohawk project in- tion’s stated goal of reduction in gov- that no Memorandum of Agreement is agreed cludes 375 miles of irrigation/drainage ernment as well as eliminate the re- to by July 1, 1998, this Act shall be consid- canals and laterals, and three major sponsibility for managing the patch- ered null and void. pumping plants, all of which support work of lands that make up the Dis- (c) WATER AND POWER DELIVERY.—Notwith- 63,000 acres of prime agricultural lands. trict. The Bureau of Reclamation standing the transfer of title to works, facili- This transfer will eliminate Federal would be relieved of the administrative ties, and lands, the Secretary is authorized government oversight of Wellton-Mo- and financial burden of facilities over- and shall continue to deliver water to hawk and will empower the District Wellton-Mohawk in accordance with the sight currently required due to Federal terms of the Amendatory and Supplemental management to take over the title. ownership. Consolidated Contract with Wellton-Mohawk Mr. President, the Wellton-Mohawk In negotiations, the Bureau of Rec- Irrigation and Drainage District for Delivery District is a major contributor to the lamation has raised several issues that of Water, Construction of Works, Repay- economy of Yuma County, which is the need to be addressed in order to effect ment, and Project Power Supply (Reclama- most agriculturally developed county a successful transfer. These issues in- tion’s Contract Number 1–07–30–W0021 in Arizona. The farms in the region clude environmental mitigation, ad- Amendment No. 1) including any renewals, provide an estimated economic impact ministrative costs, identification and amendments, supplements, or extensions of three-quarters of a billion dollars thereof. Notwithstanding the transfer of valuation of lands, and agricultural re- title to works, facilities, and lands, the Sec- every year. Conveyance of the project turn flows. One of the benefits of my retary and Western are authorized and shall to the local management would help to legislation is that it provides a Memo- continue to provide Wellton-Mohawk with sustain the economic viability of area randum of Agreement, to be negotiated project reserved power from the Parker Rec- agricultural interests. between the Bureau and the District, lamation Power Plant and Davis Reclama- The cooperation by the administra- that will address all of these concerns tion Power Plant, in accordance with the tion and the district over the last few in an open and mutually beneficial terms of the Consolidated Contract and the years, especially at the regional level, process. Power Management Agreement (Reclama- has spurred this privatization initia- I am pleased thus far by the coopera- tion’s and Western’s contract Numbers 6–CU– tive. This legislation anticipates an ag- 30–P1136, 6–CU–30–P1137 and 6–CU–30–P1138) tion of all stakeholders. I look forward including any renewals, amendments, sup- gressive time line for the Bureau of to continuing the process at the Water plements, or extensions thereof. Reclamation and the District to lay and Power subcommittee hearing on (d) LIABILITY.—Effective on the date of out the terms and conditions of the June 9, 1998. I thank Senator MCCAIN conveyance of the project works, facilities conveyance under a Memorandum of May 18, 1998 CONGRESSIONAL RECORD — SENATE S5021 Agreement (MOA), During a hearing and, to the maximum extent possible, ers a credit against income tax for in- before the House Subcommittee on are coastal accessible and economi- formation technology training ex- Water and Power Resources, the Com- cally viable. penses paid or incurred by the em- missioner of the Bureau of Reclama- On September 17, 1982, the parties en- ployer, and for other purposes; to the tion called the Wellton-Mohawk tered into an agreement now known as Committee on Finance. project a ‘‘good candidate for transfer’’ the 1982 Chugach Natives, Inc. Settle- INVESTMENT TAX CREDIT LEGISLATION and furthermore stated that the ad- ment Agreement in order to set forth a ∑ Mr. CONRAD. Mr. President, today ministration would endorse legislation fair and just settlement for the Chu- we are considering legislation, S. 1723, that allows the District and the Sec- gach people pursuant to the study di- to respond to the difficulties that retary to negotiate the terms of a rected by Congress. Among the many many American companies are experi- transfer pursuant to a Memorandum of provisions of this agreement the encing in recruiting skilled workers to Agreement. United States was required to convey fill key positions in the information Under the terms of the legislation, to Chugach Alaska Corporation not technology (IT) field. I commend my the parties will establish a process by more than 73,308 acres of land in the vi- distinguished colleague from Michigan which the fair market value of the cinity of Carbon Mountain. The land for focusing attention on this critical transfer will be assessed. The Memo- eventually conveyed contained signifi- IT worker shortage issue. randum will also lay out a plan for an cant amounts of natural resources; Last September, the Department of environmental impact analysis in com- however, they were inaccessible by Commerce released an important pliance with the National Environ- road. Therefore, a second major provi- study, ‘‘America’s New Deficit: The mental Policy Act (NEPA). The Sec- sion of the Settlement Agreement Shortage of Information Technology retary of the Inferior is expected to granted Chugach Alaska Corporation Workers’’, alerting us to the severe carry out the transfer if the terms are rights-of-way across Chugach National shortage of information technology decided upon in the Memorandum of Forest to their land and required the workers. Shortly after the Commerce report was released, the Information Agreement by a set date, However, the United States to also grant an ease- Technology Association of America conveyance may not go forward if the ment for the purpose of constructing (ITAA) released a study by Virginia appraisal or the NEPA process have and using roads and other facilities Tech—‘‘Help Wanted 1998: A Call For not been completed. necessary for development of that tract Collaborative Action For the New Mil- I want to make clear that this legis- of land on terms and conditions to be lennium:—which estimated that there lation is not a directed transfer, but determined in accordance with the Set- are more than 340,000 highly skilled po- simply implements the MOA as decided tlement Agreement. It is obvious that sitions in the information technology upon between the Administration and without such an easement the land field that are not filled. Moreover, the the District. If consensus cannot be conveyed to CAC could not be utilized Department of Labor projected that reached in the form of an MOA, this or developed in a manner consistent our economy will require more than legislation to privatize Wellton-Mo- with the intent of Congress as ex- 130,000 information technology jobs in hawk will have no effect and will not pressed in ANILCA and ANCSA. three fields—computer scientists and require the government to transfer More than fifteen years after the Set- engineers, systems analysts, and com- total or otherwise divest itself of any tlement Agreement was signed the puter programmers—every year for the assets. much needed easement has still not next ten years. Mr. President, I laud the considerable been granted and the CAC remains un- Mr. President, according to the De- efforts of the Wellton Mohawk District able to make economic use of their partment of Commerce, information in forgoing this agreement. I look for- lands. It seems absurd to me that Con- technologies are the most important ward to working with Senator KYL to gress passed a Settlement Act for the enabling technologies in the economy see this initiative through to smooth Benefit of Alaska Natives; then the fed- today. They affect every sector and in- and expedient completion. eral government entered into a Settle- dustry in the United States, in terms ment Agreement to implement that of digitally-based products, services, By Mr. MURKOWSKI: Act where the CAC was concerned; and production and work processes. Thus, S. 2088. A bill to require the Sec- today, we find ourselves once again in severe shortages of information tech- retary of Agriculture to grant an ease- a position of having to force the gov- nology workers could undermine U.S. ment to Chugach Alaska Corporation, ernment to comply with these agree- innovation, productivity and competi- and for other purposes; to the Commit- ments. tiveness in world markets. tee on Energy and Natural Resources. I have spoken directly to the Re- Concern over this IT worker shortage CHUGACH ALASKA CORPORATION SETTLEMENT gional Forester about this issue and to was expressed very clearly in recent IMPLEMENTATION ACT the Chief of the Forest Service. While testimony before the Senate Judiciary ∑ Mr. MURKOWSKI. Mr. President, they assure me the issue is being ad- Committee by Michael Murray, Vice this morning I introduce legislation to dressed and, in fact, have signed an President for Human Resources and implement a settlement agreement be- MOU to keep it moving forward, they Administration at Microsoft. Mr. Mur- tween the Chugach Alaska Corporation cannot give me any assurance that it ray commented, ‘‘As a leader in the (CAC) and the United States Forest will conclude. Therefore, I find it nec- American IT industry, we are deeply Service. essary to once again have Congress rec- concerned that the current skills Pursuant to section 1430 of the Alas- tify inaction on behalf of the Forest shortage will threaten our competitive- ka National Interest Lands Conserva- Service. ness in global markets, thereby jeop- tion Act (ANILCA), the Secretary of The legislation is simple and ardizing the $1 trillion this industry the Interior, the Secretary of Agri- straightforward. It directs the Sec- contributes to the U.S. economy’’. Ac- culture, the State of Alaska, and the retary of Agriculture to grant an ease- cording to the Commerce Department, Chugach Alaska Corporation, were di- ment to the CAC by December 11, of the problem is compounded by the fact rected to study land ownership in and this year. It does not prevent the cur- that there is also a global shortage of around the Chugach Region in Alaska. rent process from going forward, it skilled IT workers, in part the result of The purpose of this study was two-fold. simply assures that there will be an many developing countries like Malay- First, was to provide for a fair and just end to it. sia pursuing IT-based economic devel- settlement of the Chugach people and It is my intent to hold a hearing on opment growth plans. realizing the intent, purpose, and this issue in the Energy and Natural Mr. President, today we are consider- promise of the Alaska Native Claims Resources Committee as soon as pos- ing legislation to amend the Immigra- Settlement Act by Chugach Alaska sible.∑ tion and Nationality Act to help Amer- Corporation. Second, was to identify ican firms remain competitive in the lands that, to the maximum extent By Mr. CONRAD (for himself and global information technology market. possible, are of the like, kind, and Mrs. FEINSTEIN): Specifically, we are debating whether character of those traditionally used S. 2089. A bill to amend the Internal to increase the number of H1B visas and occupied by the Chugach people, Revenue Code of 1986 to allow employ- that are available for highly skilled S5022 CONGRESSIONAL RECORD — SENATE May 18, 1998 workers to fill IT positions in the U.S. credit for employers who offer informa- established under the National School Lunch S. 1723 would increase the current cap tion technology training for individ- Act, or on H1B visas for skilled workers from uals. ‘‘(3) an area designated as a disaster area 65,000 per year to 95,000 for the remain- The credit would be an amount equal by the Secretary of Agriculture or by the President under the Disaster Relief and der of the year, and to 115,000 by fiscal to 20 percent of information technology Emergency Assistance Act in the taxable year 2000. training program expenses, however, year or the 4 preceding taxable years. From my discussions with informa- not to exceed $6,000 in a taxable year. ‘‘(c) LIMITATION.—The amount of informa- tion technology leaders, and on the The value of the credit would increase tion technology training program expenses basis the reports from the Commerce by 5 percentage points if the IT train- with respect to an employee which may be Department and ITAA regarding the IT ing program is operated in an em- taken into account under subsection (a) for worker shortage, there are compelling powerment zone or enterprise commu- the taxable year shall not exceed $6,000. ‘‘(d) INFORMATION TECHNOLOGY TRAINING reasons to raise the cap on H1B visas. nity, in a school district in which at PROGRAM EXPENSES.—For purposes of this In many instances, American IT com- least 50 percent of the students in the section— panies need the experience and lan- district participate in the school lunch ‘‘(1) IN GENERAL.—The term ‘information guage abilities of foreign workers to ef- program, or in an area designated as a technology training program expenses’ fectively compete in local markets. Ad- disaster zone by the President or Sec- means expenses paid or incurred by reason of ditionally, with the IT industry’s retary of Agriculture. I am very the participation of the employer in any in- heavy reliance on research and devel- pleased that this initiative has been formation technology training program. opment, there are times when the endorsed by the Information Tech- ‘‘(2) INFORMATION TECHNOLOGY TRAINING unique skills of a foreign worker con- PROGRAM.—The term ‘information tech- nology Association of America. nology training program’ means a program— tribute significantly in the develop- Mr. President, although S. 1723 may ‘‘(A) for the training of computer program- ment of critical information tech- not be the appropriate measure to offer mers, systems analysts, and computer sci- nology. IT training tax credit legislation, I be- entists or engineers (as such occupations are Mr. President, while it may be nec- lieve it is important to call attention defined by the Bureau of Labor Statistics), essary to increase the number of H1B to this legislation to emphasize the ‘‘(B) involving a partnership of— visas that are available for skilled IT need for more education and training ‘‘(i) employers, and workers, there are education and train- opportunities for American workers in ‘‘(ii) State training programs, school dis- tricts, or university systems, and ing initiatives that we must also en- the IT field. Therefore, I am today in- courage the IT industry to undertake ‘‘(C) at least 50 percent of the costs of troducing my IT training tax credit which is paid or incurred by the employers. to make certain that opportunities are legislation, and I hope that my col- ‘‘(e) DENIAL OF DOUBLE BENEFIT.—No de- available for U.S. workers who want to leagues who are supporting an increase duction or credit under any other provision enter the information technology field. in the H1B visa cap for foreign workers, of this chapter shall be allowed with respect We must especially focus on retraining will also support this provision to train to information technology training program unemployed and older displaced work- and educate American workers for IT expenses (determined without regard to the ers, and encourage new partnerships positions. We have an obligation to limitation under subsection (c)). between the IT industry and education ‘‘(f) ALLOCATIONS.—For purposes of this make certain that opportunities in this section, rules similar to the rules of section institutions—both at the secondary exciting field are available to Amer- 41(f)(2) shall apply.’’ and higher education level—to meet ican workers and students. I welcome (b) CREDIT TO BE PART OF GENERAL BUSI- this IT worker shortage challenge. cosponsors of this legislation, and I ask NESS CREDIT.—Section 38(b) of the Internal I have been impressed, Mr. President, unanimous consent Mr. President, that Revenue Code of 1986 (relating to current with the many education and training the text of this legislation be included year business credit) is amended by striking ‘‘plus’’ at the end of paragraph (11), by strik- initiatives that the IT industry has un- in the RECORD. dertaken in response to this shortage. I ing the period at the end of paragraph (12) There being no objection, the bill was and inserting ‘‘, plus’’, and by adding at the know that the IT industry is investing ordered to be printed in the RECORD, as millions of dollars in education and end the following new paragraph: follows: ‘‘(13) the information technology training training programs for American work- S. 2089 program credit determined under section ers, especially to inform young people Be it enacted by the Senate and House of Rep- 45D.’’ about the opportunities in the IT field. resentatives of the United States of America in (c) NO CARRYBACKS.—Subsection (d) of sec- Several weeks ago, I had the privilege Congress assembled, tion 39 of the Internal Revenue Code of 1986 (relating to carryback and carryforward of of visiting students in the Red River SECTION 1. CREDIT FOR INFORMATION TECH- High School in Grand Forks, ND, who NOLOGY TRAINING PROGRAM EX- unused credits) is amended by adding at the are participating in an excellent com- PENSES. end the following new paragraph: ‘‘(9) NO CARRYBACK OF SECTION 45D CREDIT puter network training program spon- (a) IN GENERAL.—Subpart D of part IV of subchapter A of chapter 1 of the Internal BEFORE EFFECTIVE DATE.—No portion of the sored by the CISCO Corporation. Very unused business credit for any taxable year shortly, these young people will be able Revenue Code of 1986 (relating to business-re- lated credits) is amended by adding at the which is attributable to the information to enter the job market with skills end the following new section: technology training program credit deter- that will be invaluable. mined under section 45D may be carried back ‘‘SEC. 45D. INFORMATION TECHNOLOGY TRAIN- I am also aware of several excellent ING PROGRAM EXPENSES. to a taxable year ending before the date of the enactment of section 45D.’’ partnerships that Microsoft has initi- ‘‘(a) GENERAL RULE.—For purposes of sec- (d) CLERICAL AMENDMENT.—The table of ated with Green Thumb for older work- tion 38, in the case of an employer, the infor- sections for subpart D of part IV of sub- ers, and the American Association of mation technology training program credit chapter A of chapter 1 of the Internal Reve- determined under this section is an amount Community Colleges to train students nue Code of 1986 is amended by adding at the equal to 20 percent of information tech- at technical and community colleges. end the following new item: There are, of course, many other excel- nology training program expenses paid or in- lent examples of ongoing partnerships curred by the taxpayer during the taxable ‘‘Sec. 45D. Information technology training year. program expenses.’’ in the IT industry. ‘‘(b) ADDITIONAL CREDIT PERCENTAGE FOR (e) EFFECTIVE DATE.—The amendments Mr. President, while these efforts are CERTAIN PROGRAMS.—The percentage under made by this section shall apply to amounts Herculean in many respects, we need to subsection (a) shall be increased by 5 per- paid or incurred after the date of the enact- encourage more education initiatives centage points for information technology ment of this Act in taxable years ending to train American students and work- training program expenses paid or incurred after such date.∑ ers to fill IT jobs that will be so criti- by the taxpayer with respect to a program f cal to maintain our leadership in the operated in— 21st century. For this reason, I intro- ‘‘(1) an empowerment zone or enterprise ADDITIONAL COSPONSORS community designated under part I of sub- duced an amendment to S. 1133 on S. 831 chapter U, March 17, 1998, to increase the number ‘‘(2) a school district in which a least 50 At the request of Mr. SHELBY, the of partnerships between the IT indus- percent of the students attending schools in names of the Senator from Arizona try, and education institutions and job such district are eligible for free or reduced- (Mr. KYL) and the Senator from Ohio training programs by providing a tax cost lunches under the school lunch program (Mr. DEWINE) were added as cosponsors May 18, 1998 CONGRESSIONAL RECORD — SENATE S5023 of S. 831, a bill to amend chapter 8 of S. 1677 claims provisions of chapter 37 of title title 5, United States Code, to provide At the request of Mr. HAGEL, his 31, United States Code. for congressional review of any rule name was added as a cosponsor of S. S. 2022 promulgated by the Internal Revenue 1677, a bill to reauthorize the North At the request of Mr. DEWINE, the Service that increases Federal revenue, American Wetlands Conservation Act name of the Senator from South Caro- and for other purposes. and the Partnerships for Wildlife Act. lina (Mr. THURMOND) was added as a co- S. 981 S. 1680 sponsor of S. 2022, a bill to provide for At the request of Mr. LEVIN, the At the request of Mr. DORGAN, the the improvement of interstate criminal names of the Senator from Alaska (Mr. name of the Senator from Kansas (Mr. justice identification, information, MURKOWSKI) and the Senator from ROBERTS) was added as a cosponsor of communications, and forensics. Oklahoma (Mr. NICKLES) were added as S. 1680, a bill to amend title XVIII of S. 2031 cosponsors of S. 981, a bill to provide the Social Security Act to clarify that At the request of Mr. GRASSLEY, the for analysis of major rules. licensed pharmacists are not subject to names of the Senator from Nebraska S. 1021 the surety bond requirements under (Mr. HAGEL), the Senator from Nevada At the request of Mr. HAGEL, the the medicare program. (Mr. REID), and the Senator from New name of the Senator from New Jersey S. 1693 Mexico (Mr. BINGAMAN) were added as (Mr. TORRICELLI) was added as a co- At the request of Mr. THOMAS, the cosponsors of S. 2031, a bill to combat sponsor of S. 1021, a bill to amend title name of the Senator from Utah (Mr. waste, fraud, and abuse in payments 5, United States Code, to provide that BENNETT) was added as a cosponsor of for home health services provided consideration may not be denied to S. 1693, a bill to renew, reform, reinvig- under the medicare program, and to preference eligibles applying for cer- orate, and protect the National Park improve the quality of those home tain positions in the competitive serv- System. health services. ice, and for other purposes. S. 1707 S. 2033 S. 1264 At the request of Ms. MIKULSKI, the At the request of Mr. ABRAHAM, the At the request of Mr. HARKIN, the name of the Senator from Nevada (Mr. name of the Senator from Minnesota name of the Senator from New Jersey REID) was added as a cosponsor of S. (Mr. GRAMS) was added as a cosponsor (Mr. TORRICELLI) was added as a co- 1707, a bill to amend the Federal Food, of S. 2033, a bill to amend the Con- sponsor of S. 1264, a bill to amend the Drug, and Cosmetic Act to provide for trolled Substances Act with respect to Federal Meat Inspection Act and the improved safety of imported foods. penalties for crimes involving cocaine, Poultry Products Inspection Act to S. 1758 and for other purposes. provide for improved public health and At the request of Mr. SESSIONS, his SENATE JOINT RESOLUTION 46 food safety through enhanced enforce- name was added as a cosponsor of S. At the request of Mr. LOTT, the name ment. 1758, a bill to amend the Foreign As- of the Senator from Mississippi (Mr. S. 1350 sistance Act of 1961 to facilitate protec- COCHRAN) was added as a cosponsor of Senate Joint Resolution 46, a joint res- At the request of Mr. LEAHY, the tion of tropical forests through debt re- name of the Senator from Illinois (Ms. duction with developing countries with olution expressing the sense of the Congress on the occasion of the 50th MOSELEY-BRAUN) was added as a co- tropical forests. anniversary of the founding of the sponsor of S. 1350, a bill to amend sec- S. 1875 modern State of Israel and reaffirming tion 332 of the Communications Act of At the request of Mr. DASCHLE, the the bonds of friendship and cooperation 1934 to preserve State and local author- name of the Senator from Minnesota between the United States and Israel. ity to regulate the placement, con- (Mr. WELLSTONE) was added as a co- struction, and modification of certain sponsor of S. 1875, a bill to initiate a SENATE CONCURRENT RESOLUTION 55 telecommunications facilities, and for coordinated national effort to prevent, At the request of Mr. GREGG, the other purposes. detect, and educate the public concern- name of the Senator from Indiana (Mr. LUGAR) was added as a cosponsor of S. 1580 ing Fetal Alcohol Syndrome and Fetal Senate Concurrent Resolution 55, a At the request of Mr. SHELBY, the Alcohol Effect and to identify effective concurrent resolution declaring the an- name of the Senator from Nevada (Mr. interventions for children, adolescents, nual memorial service sponsored by the REID) was added as a cosponsor of S. and adults with Fetal Alcohol Syn- National Emergency Medical Services 1580, a bill to amend the Balanced drome and Fetal Alcohol Effect, and Memorial Service Board of Directors to Budget Act of 1997 to place an 18-month for other purposes. honor emergency medical services per- moratorium on the prohibition of pay- S. 1877 sonnel to be the ‘‘National Emergency ment under the medicare program for At the request of Mr. WYDEN, the Medical Services Memorial Service.’’ home health services consisting of names of the Senator from Nevada (Mr. SENATE CONCURRENT RESOLUTION 96 venipuncture solely for the purpose of BRYAN) and the Senator from New Mex- At the request of Mr. LAUTENBERG, obtaining a blood sample, and to re- ico (Mr. BINGAMAN) were added as co- quire the Secretary of Health and sponsors of S. 1877, a bill to remove the name of the Senator from New Human Services to study potential barriers to the provision of affordable York (Mr. D’AMATO) was added as a co- fraud and abuse under such program housing for all Americans. sponsor of Senate Concurrent Resolu- with respect to such services. tion 96, a concurrent resolution ex- S. 1908 pressing the sense of Congress that a S. 1647 At the request of Mr. MOYNIHAN, the postage stamp should be issued honor- At the request of Mr. BAUCUS, the name of the Senator from Georgia (Mr. ing Oskar Schindler. names of the Senator from California CLELAND) was added as a cosponsor of f (Mrs. BOXER), the Senator from North S. 1908, a bill to amend title XVIII of Dakota (Mr. CONRAD), and the Senator the Social Security Act to carve out SENATE CONCURRENT RESOLU- from Nevada (Mr. REID) were added as form payments to Medicare+Choice or- TION 97—EXPRESSING THE cosponsors of S. 1647, a bill to reauthor- ganizations amounts attributable to SENSE OF CONGRESS CONCERN- ize and make reforms to programs au- disproportionate share hospital pay- ING THE HUMAN RIGHTS AND thorized by the Public Works and Eco- ments and pay such amounts directly HUMANITARIAN SITUATION FAC- nomic Development Act of 1965. to those disproportionate share hos- ING THE WOMEN AND GIRLS OF S. 1675 pitals in which their enrollees receive AFGHANISTAN At the request of Mr. SHELBY, the care. Mrs. FEINSTEIN (for herself, Mr. name of the Senator from Alabama S. 2007 BROWNBACK, Mr. DODD, and Ms. (Mr. SESSIONS) was added as a cospon- At the request of Mr. COCHRAN, the LANDRIEU) submitted the following sor of S. 1675, a bill to establish a Con- name of the Senator from Nebraska concurrent resolution; which was re- gressional Office of Regulatory Analy- (Mr. HAGEL) was added as a cosponsor ferred to the Committee on Foreign sis. of S. 2007, a bill to amend the false Relations: S5024 CONGRESSIONAL RECORD — SENATE May 18, 1998

S. CON. RES. 97 (5) calls on all Afghan parties to bring an (C) any nonemergency economic or devel- Whereas the legacy of the war in Afghani- end without delay to— opment assistance will be based on respect stan has had a devastating impact on the ci- (A) discrimination on the basis of gender; for human rights; and vilian population, and a particularly nega- and (4) call for the creation of— tive impact on the rights and security of (B) deprivation of human rights of women; (A) a commission to establish an inter- women and girls; (6) calls on all Afghan parties in particular national record of the criminal culpability of Whereas the current environment is one in to take measures to ensure— any individual or party in Afghanistan em- which the rights of women and girls are rou- (A) the effective participation of women in ploying rape or other crime against human- tinely violated, leading the Department of civil, economic, political, and social life ity considered a grave breach of the Geneva State in its 1997 Country Report on Human throughout the country; Convention as an instrument of war; and Rights, released January 30, 1998, to conclude (B) respect for the right of women to work; (B) an ad hoc international criminal tribu- that women are beaten for violating increas- (C) the right of women and girls to an edu- nal by the United Nations for the purposes of ingly restrictive Taliban dress codes, which cation without discrimination, reopening indicting, prosecuting, and imprisoning any require women to be covered from head to schools to women and girls at all levels of individual responsible for crimes against hu- toe, women are strictly prohibited from education; manity in Afghanistan. working outside the home, women and girls (D) respect for the right of women to phys- SEC. 3. REPORT. are denied the right to an education, women ical security; are forbidden from appearing outside the (E) those responsible for physical attacks It is the sense of Congress that the Sec- home unless accompanied by a male family on women are brought to justice; retary of State should submit a report to member, and beatings and death result from (F) respect for freedom of movement of Congress not later than 6 months after the a failure to observe these restrictions; women and their effective access to health date of the adoption of this resolution re- Whereas the Secretary of State stated, in care; and garding actions that have been taken to im- November 1997 at the Nasir Bagh Refugee (G) equal access of women to health facili- plement this resolution. Camp in Pakistan, that if a society is to ties; move forward, women and girls must have (7) supports the work of nongovernmental Mrs. FEINSTEIN. Mr. President, I access to schools and health care, be able to organizations advocating respect for human rise today to submit a resolution ex- participate in the economy, and be protected rights in Afghanistan and an improvement in pressing concern over the continuing from physical exploitation and abuse; the status of women and their access to hu- deterioration of the rights of women Whereas Afghanistan recognizes inter- manitarian and development assistance and and girls in Afghanistan, and calling on national human rights conventions such as programs; (8) calls on the international community the administration to increase its ef- the Convention on the Prevention and Pun- forts to provide humanitarian assist- ishment of the Crime of Genocide, the Inter- to provide, on a nondiscriminatory basis, national Covenant on Civil and Political adequate humanitarian assistance to the ance and to protect the human rights Rights, the Covenant on the Rights of the people of Afghanistan and Afghan refugees in of Afghan women. Child, the Convention on the Elimination of neighboring countries pending their vol- I am joined in this resolution by Sen- untary repatriation, and requests all parties All Forms of Discrimination Against ators BROWNBACK, DODD, and LANDRIEU. Women, and the International Covenant on in Afghanistan to lift the restrictions im- Economic, Social, and Cultural Rights, posed on international aid and to cease any Mr. President, every day the women which espouses respect for basic human action which may prevent or impede the de- of Afghanistan are excluded from the rights of all individuals without regard to livery of humanitarian assistance; international community’s prevailing race, religion, ethnicity, or gender; (9) welcomes the appointment of Ambas- vision of human rights, and continue to Whereas the use of rape as an instrument sador Lakhbar Brahimi as special envoy of the United Nations Secretary General for Af- lack basic legal rights, access to edu- of war is considered a grave breach of the Ge- cation, and access to economic oppor- neva Convention and a crime against human- ghanistan, and encourages United Nations ity; efforts to produce a durable peace in Afghan- tunity. Indeed, perhaps nowhere in the Whereas people who commit grave istan consistent with the goal of a broad- world today is there a clearer test of breaches of the Geneva Convention are to be based national government respectful of our commitment to the cause of wom- apprehended and subject to trial; human rights; and en’s rights than Afghanistan. (10) calls on all warring parties, factions, Whereas there is significant credible evi- In March of this year I convened a dence that warring parties, factions, and and powers to participate with Ambassador powers in Afghanistan are responsible for nu- Brahimi in an intra-Afghan dialogue regard- meeting with leading Non-Govern- merous human rights violations, including ing the peace process. mental organizations, the Administra- the systematic rape of women and girls; SEC. 2. ADDITIONAL ACTION BY PRESIDENT. tion, and Afghan women themselves to Whereas in recent years Afghan maternal It is the sense of Congress that the Presi- discuss the situation in Afghanistan mortality rates have increased dramatically, dent and Secretary of State should— and what options are available to the and the level of women’s health care has de- (1) work with the United Nations High international community to make the Commissioner for Refugees to— clined significantly; lives of Afghanistan’s women better. Whereas there has been a marked upswing (A) guarantee the safety of, and provide de- in human rights violations against women velopment assistance for, Afghan women’s Among those participating were rep- and girls since the Taliban coalition seized groups in Pakistan and Afghanistan; resentatives of the Department of Kabul in 1996, including Taliban edicts deny- (B) increase support for refugee programs State, the International Commission of ing women and girls the right to an edu- in Pakistan providing assistance to Afghan the Red Cross, Save the Children, the cation, employment, access to adequate women and children with an emphasis on Women’s Commission on Refugee health care, and direct access to humani- health, education, and income-generating programs; and Women and Children, Women in Refu- tarian aid; and gee Development, and the Women’s Al- Whereas peace and security in Afghanistan (C) explore options for the resettlement in are conducive to the full restoration of all western countries of those Afghan women, liance for Peace and Human Rights in human rights and fundamental freedom, the particularly war widows and their families, Afghanistan, among others. voluntary repatriation of refugees to their who are under threat or who fear for their We discussed the legacy of close to homeland in safety and dignity, the clear- safety or the safety of their families; twenty years of war and bloodshed ance of mine fields, and the reconstruction (2) establish an Afghanistan Women’s Ini- tiative, based on the successful model of the which has torn apart Afghanistan: and rehabilitation of Afghanistan: Now, More than 1 million people have died, therefore, be it Bosnian Women’s Initiative and the Rwan- Resolved by the Senate (the House of Rep- dan Women’s Initiative, that is targeted at and much of the capital of Kabul lies in resentatives concurring), That Congress— Afghan women’s groups, in order to— ruins. (1) deplores the continued human rights (A) assist Afghan women in Pakistan and There are more than 50,000 war wid- violations by all parties, factions, and pow- Afghanistan in local capacity building; ows in Kabul alone, many dependent on ers in Afghanistan; (B) provide humanitarian and development (2) condemns targeted discrimination services to the women and the families most international humanitarian assistance against women and girls and expresses deep in need; and for their very survival. The ICRC, for concern regarding the prohibitions on em- (C) promote women’s economic security; example, distributes food to some 15,000 ployment and education; (3) make a policy determination that— widows in Kabul. (3) strongly condemns the use of rape or (A) recognition of any government in Af- According to Theresa Loar, the State other forms of systematic gender discrimina- ghanistan by the United States depends on tion by any party, faction, or power in Af- the human rights policies towards women Department’s Senior Coordinator for ghanistan as an instrument of war; adopted by that government; Women’s Issues, in the 1980s a growing (4) calls on all parties, factions, and powers (B) the United States should not recognize number of Afghan women worked out- in Afghanistan to respect international any government which systematically mal- side the home. There were female law- norms and standards of human rights; treats women; and yers, judges, doctors, and teachers. May 18, 1998 CONGRESSIONAL RECORD — SENATE S5025 This trend was reversed in 1992 and I believe we must give our full sup- ment, and to establish in Afghanistan a now, under the Taliban, ‘‘women and port to these peace talks. But I also be- women’s initiative which is based on girls became, and remain today, vir- lieve that we must be prepared for con- the successful model of the Bosnian tually invisible.’’ tinued violence in Afghanistan, and for women’s initiative and the Rwandan Education is a major concern, where the situation faced by Afghanistan’s women’s initiative that are targeted edicts prevent girls from attending women to get worse before it gets bet- toward Afghani women’s groups. school and receiving an education. A ter. As we await the outcome of these f small, low-profile, ‘‘home school’’ peace talks—and there is no quick or movement has started, with an esti- apparent solution in sight—we must SENATE RESOLUTION 231—MAKING mated 6,500 girls and boys attending continue to work to alleviate the A TECHNICAL AMENDMENT TO classes in Kabul. These home schools, plight of Afghanistan’s women. SENATE RESOLUTION 208 however, are no substitute for access to The resolution I submit today calls Mr. BENNETT submitted the follow- a real education. on the administration to create an Af- ing resolution; which was considered On September 6, 1997 the Taliban gov- ghan Women’s Initiative, along the and agreed to: ernment issued a statement demanding lines of the successful Bosnian and S. RES. 231 that admission of female patients to Rwandan Women’s Initiatives which hospitals cease immediately, and that Resolved, That Senate Resolution 208, the administration has created in the agreed to April 2, 1998 (105th Congress), is all female medical staff stop working. past two years. Those initiatives have amended— After negotiations with the ICRC the assisted the victims of those wars by (1) in section 3(a)(8), by inserting ‘‘reim- Taliban government reconsidered, but promoting the reintegration of women bursable or’’ before ‘‘non-reimbursable’’; and women still face great difficulties in into the economy with an emphasis on (2) striking section 5 and inserting the fol- getting access to medical care. capacity-building, training programs, lowing: Many Non-Governmental Organiza- legal assistance, and support for micro- ‘‘SEC. 5. FUNDING. tions are doing work which I can de- enterprise projects, as well as refugee ‘‘(a) IN GENERAL.—There shall be made scribe as nothing short of heroic to available from the contingent fund of the reintegration and protection. provide medical and humanitarian as- Senate out of the Account for Expenses for I believe that the successes of those Inquiries and Investigations, for use by the sistance under the most adverse of cir- two programs can serve as a model for cumstances. But they are faced with special committee to carry out this resolu- a similar initiative for the women of numerous constraints, from difficulties tion— Afghanistan, as well as the numerous ‘‘(1) not to exceed $575,000 for the period be- in collecting data and verifying bene- Afghan women in refugee camps in ginning on April 2, 1998, through February 28, ficiary cards, to laws and practices Pakistan. The women of Afghanistan 1999, and $575,000 for the period beginning on which prevent the distribution of as- could greatly benefit from such a wom- March 1, 1999, through February 29, 2000, of sistance or services directly to the en’s initiative, and I look forward to which not to exceed $200,000 shall be avail- women in need. able for each period for the procurement of The U.S. State Department’s 1997 working with the administration to de- the services of individual consultants, or or- human rights report states: ‘‘Women sign and implement such a program. ganizations thereof, as authorized by section were beaten for violating increasingly Second, this resolution calls for the 202(i) of the Legislative Reorganization Act restrictive Taliban dress codes, which international community to inves- of 1946; and require women to be covered from head tigate charges of rape and abuse as in- ‘‘(2) such additional sums as may be nec- essary for agency contributions related to to toe. Women were strictly prohibited struments of the now almost decade- long civil war which has torn Afghani- the compensation of employees of the special from working outside the home, and committee. women and girls were denied the right stan apart, and, if credible evidence ex- ists, to convene a war crimes tribunal ‘‘(b) EXPENSES.—Payment of expenses of to an education. Women were forbidden the special committee shall be disbursed from appearing outside the home un- to prosecute the perpetrators. upon vouchers approved by the chairman, ex- Credible charges have been made less accompanied by a male family cept that vouchers shall not be required for about the systematic use of rape by member. Beatings and death resulted the disbursement of salaries paid at an an- several of the factions and parties in- from a failure to observe these restric- nual rate.’’. volved in this struggle, and I believe tions.’’ f that these charges must be inves- The women of Afghanistan, who have AMENDMENTS SUBMITTED seen their families destroyed by war, tigated and, if true, must lead to in- are now having their economic life and dictments and trials. Finally, I believe that the United their fundamental human rights AMERICAN COMPETITIVENESS ACT stripped away, and an already war-torn States must be clear in stating that we and war-weary Afghanistan has been will not recognize any government in pushed to the brink of disaster. Afghanistan unless it is broad-based, WARNER (AND ROBB) AMENDMENT Fully half of Afghanistan’s popu- respective of all Afghans, and respects NO. 2412 lation cannot work for a living or be international norms of behavior in Mr. ABRAHAM (for Mr. WARNER, for educated. Fully half the population of human rights, including the rights of himself and Mr. ROBB) proposed an Afghanistan are being systematically women and girls. As we continue to amendment to the bill (S. 1723) to denied their basic human rights. We work for peace in Afghanistan, this res- amend the Immigration and National- must act to stop these injustices and to olution calls for an unequivocal state- ity Act to assist the United States to bring peace to Afghanistan. ment of administration policy on this Ambassador Richardson’s recent ini- point. remain competitive by increasing the tiative, which led to the unprecedented The United States, with our history access of the United States firms and peace talks between representatives of of commitment to women’s rights and institutions of higher education to the Taliban and the Northern Alliance equality, must redouble its efforts to skilled personnel and by expanding in Islamabad last month and an agree- place respect for women’s rights at the educational and training opportunities ment to set up a 40-member Ulema top of the international community’s for American students and workers; as commission to find a solution for the agenda in Afghanistan, and I urge my follows: civil conflict, represents perhaps the colleagues to support this resolution. At the appropriate place in the bill insert best opportunity for a comprehensive This resolution, essentially, asks the the following new section: peace in Afghanistan in over a genera- President and the Secretary of State to SEC. ll. SPECIAL IMMIGRANT STATUS FOR CER- tion. work with the United Nations High TAIN NATO CIVILIAN EMPLOYEES. The ultimate outcome of these dis- Commissioner of Refugees to guarantee (a) IN GENERAL.—Section 101(a)(27) of the the safety of and provide development Immigration and Nationality Act (8 U.S.C. cussions are still in doubt, however, 1101(a)(27)) is amended— and, movement at the peace talks has assistance for Afghan women in Paki- (1) by striking ‘‘or’’ at the end of subpara- been accompanied by reports of new stan, as well as Afghanistan, and to in- graph (J), fighting in the fields, with both sides crease support for various refugee pro- (2) by striking the period at the end of sub- reportedly acquiring new weapons. grams, to explore options for resettle- paragraph (K) and inserting ‘‘; or’’, and S5026 CONGRESSIONAL RECORD — SENATE May 18, 1998 (3) by adding at the end the following new (2) by adding at the end the following new tives and managers described in section subparagraph: subsection: 203(b)(1), or ‘‘(L) an immigrant who would be described ‘‘(b) PASSPORTS ISSUED FOR CHILDREN ‘‘(II) aliens coming as researchers or in- in clause (i), (ii), (iii), or (iv) of subparagraph UNDER 16.— structors at an institution of higher edu- (I) if any reference in such a clause— ‘‘(1) SIGNATURES REQUIRED.—In the case of cation (as defined in section 1201(a) of the ‘‘(i) to an international organization de- a child under the age of 16, the written appli- Higher Education Act of 1965; 20 U.S.C. scribed in paragraph (15)(G)(i) were treated cation required as a prerequisite to the 1141(a)) (or a related or affiliated nonprofit as a reference to the North Atlantic Treaty issuance of a passport for such child shall be entity of such institution) or a nonprofit or Organization (NATO); signed by— Federal research institute or agency.’’. ‘‘(ii) to a nonimmigrant under paragraph ‘‘(A) both parents of the child if the child (15)(G)(iv) were treated as a reference to a lives with both parents; AMENDMENT NO. 2418 nonimmigrant classifiable under NATO–6 (as ‘‘(B) the parent of the child having primary Beginning on page 30, strike line 12 and all a member of a civilian component accom- custody of the child if the child does not live that follows through line 21 on page 32. panying a force entering in accordance with with both parents; or On page 41, after line 16, add the following the provisions of the NATO Status-of-Forces ‘‘(C) the surviving parent (or legal guard- new section: Agreement, a member of a civilian compo- ian) of the child, if 1 or both parents are de- SEC. ll. PROTECTION AGAINST DISPLACEMENT nent attached to or employed by an Allied ceased. OF UNITED STATES WORKERS. Headquarters under the ‘Protocol on the Sta- ‘‘(2) WAIVER.—The Secretary of State may (a) IN GENERAL.—Section 212(n)(1) of the tus of International Military Headquarters’ waive the requirements of paragraph (1)(A) if Immigration and Nationality Act (8 U.S.C. set up pursuant to the North Atlantic Trea- the Secretary determines that cir- 1182(n)(1)) is amended by inserting after sub- ty, or as a dependent); and cumstances do not permit obtaining the sig- paragraph (D) the following: ‘‘(iii) to the Immigration Technical Correc- natures of both parents.’’. ‘‘(E) The employer has not replaced any (b) EFFECTIVE DATE.—The amendments tions Act of 1988 or to the Immigration and United States worker with a nonimmigrant made by this section shall apply to applica- Nationality Technical Corrections Act of described in section 101(a)(15)(H)(i) (b) or tions for passports filed on or after the date 1994 were a reference to the American Com- (c)— of the enactment of this Act. petitiveness Act.’’. ‘‘(i) within the 6-month period prior to the (b) CONFORMING NONIMMIGRANT STATUS FOR filing of the application, CERTAIN PARENTS OF SPECIAL IMMIGRANT REED AMENDMENT NO. 2415 ‘‘(ii) during the 90-day period following the CHILDREN.—Section 101(a)(15)(N) of such Act filing of the application, and (8 U.S.C. 1101(a)(15)(N)) is amended— Mr. REED proposed an amendment to ‘‘(iii) during the 90-day period immediately (1) by inserting ‘‘(or under analogous au- the bill, S. 1723, supra; as follows: preceding and following the filing of any visa thority under paragraph (27)(L))’’ after On page 27, beginning with line 1, strike all petition supported by the application.’’. ‘‘(27)(I)(i)’’, and through page 29, line 10. (b) DEFINITIONS.—Section 212(n) of the Im- (2) by inserting ‘‘(or under analogous au- migration and Nationality Act (8 U.S.C. thority under paragraph (27)(L))’’ after 1182(n)) is amended by adding at the end the ‘‘(27)(I)’’. BUMPERS AMENDMENT NO. 2416 following: Mr. BUMPERS proposed an amend- ‘‘(3) For purposes of this subsection: KENNEDY (AND JOHNSON) ment to the bill, S. 1723, supra; as fol- ‘‘(A) The term ‘replace’ means the employ- AMENDMENT NO. 2413 lows: ment of the nonimmigrant, including by con- Mr. KENNEDY (for himself and Mr. At the end of the bill add the following: tract, employee leasing, temporary help agreement, or other similar basis, at the spe- JOHNSON) proposed an amendment to SEC. . REPEAL OF IMMIGRANT INVESTOR PRO- cific place of employment and in the specific the bill, S. 1723, supra; as follows: GRAM. Section 203(b)(5) of the Immigration and employment opportunity from which a On page 41, after line 16, insert the follow- Nationality Act, as amended, (8 U.S.C. United States worker with substantially ing: 1153(b)(5)) shall be repealed effective on the equivalent qualifications and experience in ll SEC. . WHISTLEBLOWER PROTECTION. date of enactment of this Act. the specific employment opportunity has Section 212(n)(2) (8 U.S.C. 1182(n)(2)), as been laid off. amended by section 5 of this Act, is further ‘‘(B) The term ‘laid off’, with respect to an amended— KENNEDY (AND JOHNSON) individual, means the individual’s loss of em- (1) in subparagraph (C), by inserting ‘‘, or AMENDMENTS NOS. 2417–2418 ployment other than a discharge for inad- that the employer has intimidated, dis- Mr. KENNEDY (for himself and Mr. equate performance, violation of workplace charged, or otherwise retaliated against any JOHNSON) proposed two amendments to rules, cause, voluntary departure, voluntary person because that person has asserted a the bill, S. 1723, supra; as follows: retirement, or the expiration of a grant, con- right or has cooperated in an investigation tract, or other agreement. The term ‘laid off’ under this paragraph’’ after ‘‘a material fact AMENDMENT NO. 2417 does not include any situation in which the in an application’’; and On page 41, after line 16, insert the follow- individual involved is offered, as an alter- (2) by adding at the end the following new ing new section: native to such loss of employment, a similar subparagraph: SEC. ll. RECRUITMENT OF UNITED STATES employment opportunity with the same em- ‘‘(F) Any alien admitted to the United WORKERS PRIOR TO SEEKING TEM- ployer at equivalent or higher compensation States as a nonimmigrant described in sec- PORARY FOREIGN WORKERS UNDER and benefits as the position from which the tion 101(a)(15)(H)(i)(b), who files a complaint THE ‘‘H–1B VISA’’ PROGRAM. employee was discharged, regardless of pursuant to subparagraph (A) and is other- (a) IN GENERAL.—Section 212(n)(1) of the whether or not the employee accepts the wise eligible to remain and work in the Immigration and Nationality Act (8 U.S.C. offer. United States, shall be allowed to seek other 1182(n)(1)) is amended by inserting after sub- ‘‘(C) The term ‘United States worker’ employment in the United States for the du- paragraph (D) the following new subpara- means— ration of the alien’s authorized admission, graph: ‘‘(i) a citizen or national of the United if— ‘‘(E)(i) The employer, prior to filing the ap- States, ‘‘(i) the Secretary finds a failure by the plication, has taken timely, significant, and ‘‘(ii) an alien who is lawfully admitted for employer to meet the conditions described in effective steps to recruit and retain suffi- permanent residence, or subparagraph (C), and cient United States workers in the specialty ‘‘(iii) an alien authorized to be employed ‘‘(ii) the alien notifies the Immigration occupation in which the nonimmigrant by this Act or by the Attorney General, and Naturalization Service of the name and whose services are being sought will be em- if the individual is employed, including em- address of his new employer.’’. ployed. Such steps include good faith re- ployment by contract, employee leasing, cruitment in the United States, using proce- temporary help agreement, or other similar REID AMENDMENT NO. 2414 dures that meet industry-wide standards, of- basis.’’. fering compensation that is at least as great Mr. REID proposed an amendment to as that required to be offered to non- the bill, S. 1723, supra; as follows: immigrants under subparagraph (A), and of- ABRAHAM (AND OTHERS) At the appropriate place in the bill, insert fering employment to any qualified United AMENDMENT NO. 2419 the following: States worker who applies. Mr. ABRAHAM (for himself, Mr. KEN- ll ‘‘(ii) Clause (i) shall not apply with respect SEC . PASSPORTS ISSUED FOR CHILDREN NEDY, and Mr. MCCAIN) proposed an UNDER 16. to aliens seeking admission or status as non- (a) IN GENERAL.—Section 1 of title IX of immigrants described in section amendment to the bill, S. 1723, supra; the Act of June 15, 1917 (22 U.S.C. 213) is 101(a)(15)(H)(i)(b) who are— as follows: amended— ‘‘(I) aliens with extraordinary ability, On page 25, line 9, insert ‘‘and for any other (1) by striking ‘‘Before’’ and inserting ‘‘(a) aliens who are outstanding professors and re- fiscal year for which this subsection does not IN GENERAL.—Before’’, and searchers, or certain multinational execu- specify a higher ceiling,’’ after ‘‘1997’’. May 18, 1998 CONGRESSIONAL RECORD — SENATE S5027 Beginning on page 27, strike line 6 and all Mr. LOTT submitted an amendment sociated with the Interior Columbia that follows through page 29, line 10, and in- incorporating all modifications to the Basin Ecosystem Management Plan. sert the following: ‘‘is amended in section Commerce Committee substitute to Those who wish to submit written 415A(b) (20 U.S.C. 1070c(b)), by adding at the the bill (S. 1415) to reform and restruc- statements should write to the Com- end the following new paragraph: ‘‘(3) MATHEMATICS, COMPUTER SCIENCE, AND ture the processes by which tobacco mittee on Appropriations U.S. Senate, DNGINEERING SCHOLARSHIPS.—It shall be a products are manufactured, marketed, Washington, D.C. 20510. For further in- permissible use of the funds made available and distributed, to prevent the use of formation, please call Amie Brown at to a State under this section for the State to tobacco products by minors, to redress (202) 224–6170 or Kevin Johnson at (202) establish a scholarship program for eligible the adverse health effects of tobacco 224–7233. students who demonstrate financial need and use, and for other purposes; as follows: f who seek to enter a program of study leading [The amendment will appear in a fu- to a degree in mathematics, computer ture issue of the RECORD.] AUTHORITY FOR COMMITTEES TO science, or engineering.’’. On page 32, between lines 21 and 22, insert f MEET the following: NOTICES OF HEARINGS COMMITTEE ON GOVERNMENTAL AFFAIRS (d) PROHIBITION OF USE OF H–1B VISAS BY Mr. FRIST. Mr. President, I ask EMPLOYERS ASSISTING IN INDIA’S NUCLEAR COMMITTEE ON ENERGY AND NATURAL unanimous consent on behalf of the WEAPONS PROGRAM.—Section 214(c) is amend- RESOURCES ed— Mr. MURKOWSKI. Mr. President, I Governmental Affairs Committee to (1) by redesignating paragraphs (6), (7), and would like to announce for the public meet for a joint hearing on Monday, (8) as paragraphs (7), (8), and (9), respec- that an oversight hearing has been May 18, 1998, at 3 p.m. The subject of tively; and scheduled before the full Energy and the hearing is ‘‘The Role of Faith (2) by inserting after paragraph (5) the fol- Based Charities in the District of Co- lowing new paragraph: Natural Resources Committee to con- sider the fiscal and economic implica- lumbia.’’ ‘‘(6) The Attorney General shall not ap- The PRESIDING OFFICER. Without prove a petition under section tions of Puerto Rico status. 101(a)(15)(H)(i)(b) for any employer that has The hearing will take place on Tues- objection, it is so ordered. knowledge or reasonable cause to know that day, May 19, 1998, at 9:30 A.M. in room SUBCOMMITTEE ON EAST ASIAN AND PACIFIC the employer is providing material assist- SH–216 of the Hart Senate Office Build- AFFAIRS ance for the development of nuclear weapons ing. Mr. FRIST. Mr. President, I ask in India or any other country.’’. For further information, please call unanimous consent that the Sub- On page 32, line 22, strike ‘‘(d)’’ and insert committee on East Asian and Pacific ‘‘(e)’’. Betty Nevitt, Staff Assistant at (202) On page 33, line 1, strike ‘‘(e)’’ and insert 224–0765. Affairs of the Committee on Foreign ‘‘(f)’’. COMMITTEE ON INDIAN AFFAIRS Relations be authorized to meet during Beginning on page 36, line 25, strike ‘‘the Mr. CAMPBELL. Mr. President, I the session of the Senate on Monday, National’’ and all that follows through would like to announce that the Senate May 18, 1998 at 2:00 p.m. to hold a hear- ‘‘methods’’ on line 3 of page 37 and insert ‘‘a Committee on Indian Affairs will meet ing. study involving the participation of individ- The PRESIDING OFFICER. Without uals representing a variety of points of view, in open session of the Senate on including representatives from academia, Wednesday, May 20, 1998 beginning at objection, it is so ordered. government, business, and other appropriate 10 p.m. to mark up the following: S. f organizations,’’. 1691, the American Indian Equal Jus- On page 34, line 15, strike ‘‘(f)’’ and insert tice Act; and S. 2069, a bill to permit ADDITIONAL STATEMENTS ‘‘(g)’’. On page 35, line 20, strike ‘‘(g)’’ and insert the mineral leasing of Indian land lo- ‘‘(h)’’. cated within the Fort Berthold Indian Reservation. The meeting will be held HEIDI MARIE NOYES: MISS NEW On page 41, after line 16, insert the follow- HAMPSHIRE 1998 ing: in room 485 of the Russell Senate Office SEC. 10. JOB TRAINING DEMONSTRATION PRO- Building. ∑ Mr. SMITH of New Hampshire. Mr. GRAMS. COMMITTEE ON LABOR AND HUMAN RESOURCES President, I rise today to congratulate (a) IN GENERAL.—Subject to subsection (c), Mr. JEFFORDS. Mr. President, I Heidi Marie Noyes for being crowned in establishing demonstration programs Miss New Hampshire 1998. As Miss under section 452(c) of the Job Training would like to announce for information Partnership Act (29 U.S.C. 1732(c)), as in ef- of the Senate and the public that a Winnipesaukee, Heidi prevailed over a fect on the date of enactment of this Act, or hearing of the Senate Committee on competitive field of thirteen New a successor Federal law, the Secretary of Labor and Human Resources will be Hampshire women. Her triumph earns Labor shall establish demonstration pro- held on Thursday, May 21, 1998, 10:00 Heidi the right to represent New Hamp- grams to provide technical skills training for a.m. in SD–430 of the Senate Dirksen shire in the Miss America pageant in workers, including incumbent workers. Building. The subject of the hearing is Atlantic City this September. (b) GRANTS.—Subject to subsection (c), the One has to admire Heidi for her per- Secretary of Labor shall award grants to ‘‘Genetic Information and Health carry out the programs to— Care.’’ For further information, please sistence and dedication. She had ap- (1) private industry councils established call the committee, 202/224–5375. peared in the pageant five times in the under section 102 of the Job Training Part- SUBCOMMITTEE ON INTERIOR AND SUBCOMMIT- last seven years. Heidi’s runner-up fin- nership Act (29 U.S.C. 1512), as in effect on TEE ON FORESTS AND PUBLIC LAND MANAGE- ish last year and her victory this year the date of enactment of this Act, or succes- MENT attest to her drive to improve and tri- sor entities established under a successor Mr. GORTON. Mr. President, I would umph. Federal law; or like to announce for the public that a Heidi is deeply committed to helping (2) regional consortia of councils or enti- children. She studies criminal justice ties described in paragraph (1). joint field hearing has been scheduled (c) LIMITATION.—The Secretary of Labor before the Subcommittee on Interior of at Franklin Pierce College in order to shall establish programs under subsection the Senate Committee on Appropria- eventually work as an advocate for (a), including awarding grants to carry out tions and the Subcommittee on Forests children and to campaign for juvenile such programs under subsection (b), only and Public Land Management of the law reform. She has been a volunteer with funds made available to carry out such Senate Committee on Energy and Nat- for the Youth Services Court Diversion programs under subsection (a) and not with ural Resources. Program in Belknap County for the funds made available under the Job Training The hearing will take place in Spo- past six years, and she models in Partnership Act or a successor Federal law. kane, Washington at the Spokane City United Way bridal shows to benefit f Hall, in the City Council Chambers, on charity. Heidi’s platform issue as Miss NATIONAL TOBACCO POLICY AND Thursday, May 28, 1998, from 11:00 a.m.– New Hampshire is the ‘‘Let’s Get Moti- YOUTH SMOKING REDUCTION ACT 4:00 p.m. The Spokane City Hall is lo- vated’’ scholarship program that she cated at 808 West Spokane Falls Boule- founded three years ago. vard, Spokane, Washington. At only 23 years old, Heidi is the LOTT AMENDMENT NO. 2420 The purpose of this hearing is to re- owner of two dance studios, The Broad- (Ordered to lie on the table.) ceive testimony and examine issues as- way North School of Performing Arts S5028 CONGRESSIONAL RECORD — SENATE May 18, 1998 and Broadway North Andover. She is a Agudath Israel, and all who mourn the again rankled the larger American Jewish renowned dancer herself, winning the loss of this unusual man of conscience establishment. In 1972, his efforts on behalf talent portion of the Miss New Hamp- and conviction. of education led to his being named national I ask that a brief obituary of Rabbi chairman of a multi-faith coalition of lead- shire pageant twice. She was chosen to ers representing the 5 million non-public tour the United States with Dance Sherer, as prepared by Agudath Israel, school children in the United States. Caravan and was the Grand National be printed in the RECORD. Under his leadership, Agudath Israel Female Tap Soloist for Hoctor’s ‘‘Stars The obituary follows: helped foster the phenomenal growth of Jew- of Tomorrow’’ dance competition in Rabbi Moshe Sherer, 76, widely acknowl- ish adult education as well. This past Sep- 1992. edged as the elder statesman of the Amer- tember, the Agudath Israel-sponsored cele- I am proud to represent Heidi Marie ican Orthodox Jewish community, was a bration of the most recent completion of the leader of Agudath Israel of America, a major ‘‘Daf Yomi’’ page-a-day Talmud study pro- Noyes in the United States Senate, and national Jewish Orthodox organization, for gram drew over 70,000 Jews to central loca- wish her much success as Miss New over half a century, including more than tions nationwide.∑ Hampshire.∑ thirty years as the organization’s president. f f He also was appointed in 1980 as chairman of the Agudath Israel World Organization, an RECOGNITION OF EARTH ANGELS IN MEMORY OF RABBI MOSHE international confederation of Agudath ∑ Mr. BOND. Mr. President, I rise SHERER Israel organizations in a host of countries today to pay tribute to the Earth An- ∑ Mr. MOYNIHAN. Mr. President, I rise around the globe. gels in my home State of Missouri. A prime catalyst of the American Ortho- to share with the Senate the sorrowful dox Jewish community’s remarkable growth Earth Angels received the Award for news that Rabbi Moshe Sherer, one of in size and strength since the Holocaust, the Environmental Sustainability from American Jewry’s leading communal American-born Rabbi Sherer empowered the Renew America. They were among leaders, passed away yesterday after- evolution of an organization that one mem- twenty-eight winners from more than noon at the age of 76. Rabbi Sherer was ber of the Jewish establishment in 1941 1,600 applicants who exemplify Earth the President of Agudath Israel of called ‘‘a sickly weed’’ into a major and ef- Day. America for over 30 years and has fective force on the American political and Earth Angels is a branch of the served as a reasoned, wise voice whose communal scene. He took Agudath Israel Guardian Angel Settlement Associa- from a small group of activists to a formida- tion in St. Louis, Missouri. The group counsel was widely respected in the ble movement—with tens of thousands of Yeshivot of his beloved Brooklyn and is made up of more than 150 inner city members and supporters; branches across the children and led by Neil Andre, Direc- the halls of government in lower Man- country; and a Washington office that advo- hattan, Albany, Washington, and Jeru- cates for a host of issues of concern to the tor of Earth Angels. Their projects salem. American Orthodox Jewish community, from range from recycling to planting trees I first met Rabbi Sherer in the early religious rights to moral matters, from non- in their Forest of Life to collecting days of the Kennedy Administration public education to the welfare of Jews in money for other environmental groups. when he came to Washington on behalf lands of oppression. He also helped establish The group is supported by selling of Aguduth Israel. I quickly learned to Agudath Israel’s celebrated Jewish youth ‘‘Earth Angel stock.’’ People who buy groups and summer camps, and pioneered the admire his sagacity and rely on his in- into the group get a quarterly news- organization’s current role as a leading force letter with their latest project updates. sightful counsel and abiding integrity. in the provision of social and educational For over thirty-five years he was a services in the New York area. Earth Angels gives ‘‘at risk’’ children a treasured mentor and a trusted friend. Rabbi Sherer’s earliest work on behalf of chance to be part of an important World Jewry has lost one of its the Jewish community—the efforts that first cause and organization. wisest statesmen. American Orthodoxy evoked the larger non-Orthodox Jewish es- Commending Neil Andre and the has lost a primary architect of its re- tablishment’s opprobrium—was the grass- Earth Angels for their Award for Envi- roots, and largely illegal, organization and markable postwar resurgence. All New ronmental Sustainability, I wish them transport of food shipments to starving Jews continued success in the future. It is Yorkers have lost a man of rare spir- in Nazi-occupied Eastern Europe in 1941. His itual gifts and exceptional creative vi- extremely gratifying to learn of a efforts also produced affidavits for European group of children doing so much to help sion. Jewish refugees that helped them immigrate While the Senate convenes today, to the United States. our environment. Congratulations for a tens of thousands of Jews are gathering After the end of World War II, he and job well done.∑ in Brooklyn, New York to bid a rev- Agudath Israel continued to assist European f erential farewell to this exceptional Jews—survivors interned in Displaced Per- son camps—with foodstuffs and religious NAT BINGHAM teacher and rare leader. New York’s items, and helped facilitate the immigration ∑ Mrs. BOXER. Mr. President, I wish Governor George Pataki, New York and resettlement of Jewish refugees on these today to acknowledge the life and pass- City Mayor Rudolph Giuliani, and New shores. In ensuing decades, Rabbi Sherer ing of a special man. Nat Bingham was York City Council Speaker Peter spearheaded Agudath Israel’s efforts on be- many things: a fisherman, a conserva- Vallone are among the distinguished half of endangered Jews behind the Iron Cur- tionist, an advocate, an innovator, a public officials participating in the fu- tain and in places like Syria and Iran. In 1991, years of clandestine activity on behalf husband, a father and a friend to any- neral. one who cares about California’s mag- Rabbi Sherer passed away only hours of Soviet Jews culminated in his establish- ment of an office in Moscow to coordinate nificent coastal environment and the before the President of the Senate, Agudath Israel’s activities in Russia. Under lives it supports and sustains. By all Vice President AL GORE, addressed his leadership, Agudath Israel also played an accounts he was a person of great de- Agudath Israel’s 76th anniversary din- important role in providing social welfare cency and conviction. He cared deeply ner in New York. He spoke for the Sen- and educational assistance to Israeli Jews, for his profession and all those who ate and for all Americans when he eu- and in advocating for Israel’s security needs. heed its honorable call. He will be Ignoring the pessimistic predictions about logized the Rabbi as ‘‘a remarkable missed. force for the understanding and respect Orthodox Jewry made by sociologists and de- mographic experts in the 40s and 50s, Rabbi Nat and his wife Kathy made their and growth of Orthodox Jewry over the Sherer went on to help engineer a remark- home in Mendocino County on Califor- past fifty years’’, whose ‘‘contributions able change in the scope, image and influ- nia’s rugged North Coast. Tragically, to spreading religious freedom and un- ence of the American Orthodox Jewish Kathy died just two weeks before Nat. derstanding have been truly indispen- world. A staunch advocate of Jewish reli- They are survived by their two chil- sable in defending and expanding those gious education as early as the 1960s, he dren, Jolene and Eli. My heart goes out same rights for all Americans in all helped establish the principle in numerous to them both. faiths.’’ federal laws—like the Elementary and Sec- Nat first became involved with fish- I know I speak for the entire Senate ondary Education Act of 1965—and state laws eries management issues through his when I express my condolences to his that, to the full extent constitutionally per- missible, children in non-public schools were local Salmon Trollers Marketing Asso- widow Deborah, his loving children entitled to governmental benefits and serv- ciation. He served in a number of ca- Mrs. Rachel Langer, Mrs. Elky ices on an equitable basis with their public pacities with the Association before be- Goldschmidt and Rabbi Shimshon school counterparts. He thereby allied him- coming its representative to the Pa- Sherer, his bereaved colleagues at self with Catholic school advocates and cific Coast Federation of Fisherman’s May 18, 1998 CONGRESSIONAL RECORD — SENATE S5029 Associations (PCFFA). On the PCFFA’s Again, I congratulate Semitool on With a view to receiving the advice board, and eventually as its president, their success, and I yield the floor.∑ and consent of the Senate to ratifica- he worked tirelessly on issues of habi- f tion, I transmit herewith a certified tat and species protection, preserva- copy of the Convention (No. 111) Con- TECHNICAL AMENDMENT TO tion and restoration. cerning Discrimination (Employment SENATE RESOULTION 208 After stepping down from the and Occupation), adopted by the Inter- PCFFA’s board, Nat eventually sold his Mr. FRIST. Mr. President, I ask national Labor Conference at its 42nd boat and went to work full-time on unanimous consent that the Senate Session in Geneva on June 25, 1958. salmon restoration and fish habitat proceed to the consideration of Senate Also transmitted is the report of the issues. resolution 231, submitted earlier today Department of State, with a letter It is no exaggeration to say that Nat by Senator BENNETT; and, further, that dated January 6, 1997, from then Sec- Bingham was involved with almost the resolution be agreed to, and the retary of Labor Robert Reich, concern- every major fisheries issue in Califor- motion to reconsider be laid upon the ing the Convention. nia over the last 20 years. Over the table. This Convention obligates ratifying course of his career, Nat achieved a The PRESIDING OFFICER. Without countries to declare and pursue a na- near universal reputation for fairness, objection, it is so ordered. tional policy aimed at eliminating dis- independence and results. Is he is not a The resolution (S. Res. 231) was crimination with respect to employ- legend already, it is certain he will be- agreed to. ment and occupation. As explained come one. The resolution (S. Res. 231) reads as more fully in the letter from Secretary I had great personal respect for Nat follows: Reich, U.S. law and practice fully com- Bingham. Just before his death, I of- Resolved, That Senate Resolution 208, port with its provisions. fered my strong support for his re-ap- agreed to April 2, 1998 (105th Congress), is In the interest of clarifying the do- pointment to the federal government’s amended— mestic application of the Convention, Pacific Fishery Management Council. (1) in section 3(a)(8), by inserting ‘‘reim- bursable or’’ before ‘‘non-reimbursable’’; and my Administration proposes that two Nat was ideally suited for this impor- understandings accompany U.S. ratifi- tant position. For his sake and the (2) striking section 5 and inserting the fol- lowing: cation. country’s sake, I regret very much that The proposed understandings are as he was denied the opportunity to con- ‘‘SEC. 5. FUNDING. ‘‘(a) IN GENERAL.—There shall be made follows: tinue his valuable service. The United States understands the mean- The people who knew him best de- available from the contingent fund of the Senate out of the Account for Expenses for ing and scope of Convention No. 111 in light scribe Nat as a gentle, good and moral Inquiries and Investigations, for use by the of the relevant conclusions and practice of man. He was passionate about what he special committee to carry out this resolu- the Committee of Experts on the Application believed in, but regardless of the issues tion— of Conventions and Recommendations which at stake he never failed to treat others ‘‘(1) not to exceed $575,000 for the period be- have been adopted prior to the date of U.S. with a genuine dignity and respect. In ginning on April 2, 1998, through February 28, ratification. The Committee’s conclusions my opinion this is one of the true tests 1999, and $575,000 for the period beginning on and practice are, in any event, not legally of a leader, and it is one of the prin- March 1, 1999, through February 29, 2000, of binding on the United States and have no cipal reasons why he will be so dearly which not to exceed $200,000 shall be avail- force and effect on courts in the United States. missed. Though his life’s work should able for each period for the procurement of the services of individual consultants, or or- The United States understands that the continue on in the efforts of his fel- ganizations thereof, as authorized by section federal nondiscrimination policy of equal lows, Nat Bingham’s spirit and dedica- 202(i) of the Legislative Reorganization Act pay for substantially equal work meets the tion can never be replaced.∑ of 1946; and requirements of Convention 111. The United f ‘‘(2) such additional sums as may be nec- States further understands that Convention essary for agency contributions related to 111 does not require or establish the doctrine SEMITOOL RECEIVES SBA AWARD the compensation of employees of the special of comparable worth with respect to com- ∑ Mr. BURNS. Mr. President, I am committee. pensation as that term is understood under proud to announce that Semitool, Inc., ‘‘(b) EXPENSES.—Payment of expenses of United States law and practice. of Kalispell, Montana, has been award- the special committee shall be disbursed These understandings would have no ed the Small Business Administration’s upon vouchers approved by the chairman, ex- effect on our international obligations cept that vouchers shall not be required for (SBA) 1998 Entrepreneurial Success under Convention No. 111. the disbursement of salaries paid at an an- Ratification of this Convention Award. nual rate.’’. The state of Montana has rapidly en- would be consistent with our policy of f tered the high-tech field in recent seeking to adhere to additional inter- years, and Semitool illustrates the best REMOVAL OF INJUNCTION OF SE- national labor instruments as a means of what can be done in our state. I CRECY—TREATY DOCUMENT 105– both of ensuring that our domestic nominated Semitool, which designs and 45 labor standards meet international re- manufactures equipment used in the Mr. FRIST. Mr. President, as in exec- quirements, and of enhancing our abil- production of semiconductors and utive session, I ask unanimous consent ity to call other governments to ac- other electronic devices, for the award that the injunction of secrecy be re- count for failing to fulfill their obliga- last December because of their great moved from the following treaty trans- tions under International Labor Orga- success in the high-tech industry. mitted to the Senate on May 18, 1998, nization (ILO) conventions. I rec- As you may know, Mr. President, the by the President of the United States: ommend that the Senate give its ad- SBA grants the Entrepreneurial Suc- ILO Convention (No. 111) Concerning vice and consent to the ratification of cess Award to companies launched as Discrimination (Employment and Oc- ILO Convention No. 111. ‘‘small″ businesses that received SBA cupation) (Treaty Document No. 105– WILLIAM J. CLINTON. assistance and have since grown. The 45.) THE WHITE HOUSE, May 18, 1998. criteria include growth in the number I further ask that the treaty be con- f of employees, increase in sales, com- sidered as having been read the first parisons between current and past fi- ORDERS FOR TUESDAY, MAY 19, time; that it be referred, with accom- nancial reports, innovativeness of prod- 1998 panying papers, to the Committee on uct or service offered, and evidence of Mr. FRIST. Mr. President, I ask Foreign Relations and ordered to be contributions to the local community. unanimous consent that when the Sen- With good ideas, hard work, and an printed; and that the President’s mes- ate completes its business today, it initial boost by the SBA, Semitool has sages be printed in the RECORD. stand in adjournment until 9:30 a.m. on become a major source for employment The PRESIDING OFFICER. Without Tuesday, May 19. I further ask that on in Kalispell, employing roughly 1,100 objection, it is so ordered. Tuesday, immediately following the people. It’s this kind of entrepreneurial The message of the President is as prayer, the routine requests through spirit that will keep Montana, and our follows: the morning hour be granted and the nation, strong. To the Senate of the United States: Senate then begin a period of morning S5030 CONGRESSIONAL RECORD — SENATE May 18, 1998 business until 10 a.m. with Senators PROGRAM ADJOURNMENT UNTIL 9:30 A.M. permitted to speak for up to 5 minutes TOMORROW each. Mr. FRIST. Mr. President, for the in- formation of all Senators, when the Mr. FRIST. Mr. President, if there is The PRESIDING OFFICER. Without no further business to come before the Senate reconvenes on Tuesday at 9:30 objection, it is so ordered. Senate, I now ask unanimous consent a.m, there will be a period of morning Mr. FRIST. I further ask that follow- that the Senate stand in adjournment business until 10 a.m. Following morn- under the previous order. ing morning business on Tuesday, the ing business, the Senate will resume Senate resume consideration of S. 1415, There being no objection, the Senate, consideration of S. 1415, the tobacco the tobacco legislation. at 8:35 p.m., adjourned until tomorrow, legislation. It is hoped that Members Tuesday, May 19, 1998, at 9:30 a.m. The PRESIDING OFFICER. Without will come to the floor to debate this f objection, it is so ordered. important legislation and offer amend- Mr. FRIST. Mr. President, I further ments under short time agreements. NOMINATIONS ask unanimous consent that the Sen- Roll Call votes may occur prior to Executive nominations received by ate stand in recess from 12:30 p.m. until the 12:30 policy luncheons. Members the Senate May 18, 1998: 2:15 p.m. to allow the weekly party THE JUDICIARY caucuses to meet. should expect votes throughout Tues- day’s session in order to make good JOSE DE JESUS RIVERA, OF ARIZONA, TO BE UNITED The PRESIDING OFFICER. Without STATES ATTORNEY FOR THE DISTRICT OF ARIZONA FOR progress on the tobacco bill. THE TERM OF FOUR YEARS VICE JANET NAPOLITANO, objection, it is so ordered. RESIGNED. May 18, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E875 EXTENSIONS OF REMARKS

A QUARTER CENTURY OF HEALTH Finklestein, MD; Robert Fox, MD; Robert IN MEMORY OF DAVID THIESEN CARE SERVICE TO THANKFUL Frankenfield, MD; Michael Freund, MD; OF CROOKSVILLE, OH PATIENTS Gerand Gagnon, MD; Douglas Garland, MD; Leland Garrison, MD; Max Gaspar, MD; Ar- HON. ROBERT W. NEY thur Gelb, MD; Lawrence Gershon, MD; HON. STEPHEN HORN OF OHIO Charles V. Gilliland, MD; Howard Gilman, OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES MD; Robert Godwin, MD; Kevin Gohar, MD; IN THE HOUSE OF REPRESENTATIVES Stanley Golanty, MD; S. Myron Goldstein, Monday, May 18, 1998 Monday, May 18, 1998 MD; Abraham Golum, MD; Donald Greco, Mr. NEY. Mr. Speaker, I rise today in mem- Mr. HORN. Mr. Speaker, Long Beach, Cali- MD; Stuart Green, MD; Thomas Lee Grubbs, ory of David Thiesen, who passed away on fornia, has been blessed with several quality MD; David Hamm, MD; Ronald Hartman, February 8, 1998. David gave his life in the medical centers. Led by physicians who have MD; Paul Hartstein, MD; Robert Heebner, line of duty, battling a fire. His life was dedi- dedicated their lives to the health of this com- MD; Alan Hemphill, MD; Alan Hermer, MD; cated to helping others. David was a kind and caring individual. munity, this city has been at the forefront of Francis Hertzog, MD; Lun Hom, MD; Wilmer Those that knew him also knew that firefight- medical research and healthcare delivery. On Irvine, MD; Mas Itano, MD. ing was in his blood. David was always May 22nd, the Long Beach Medical Associa- Douglas Jackson, MD; Hawley Jackson, around to lend a helping hand with a smile. tion will honor physicians who have served MD; Henry Januszka, MD; James Jen Kin, He dedicated his life to the fire department. with distinction for twenty-five years. MD; Charles Jenkins, MD; Alexander Kadvany, MD; Marvin Kaplan, MD; John Mr. Speaker, it is a privilege for me to pay As Long Beach business has grown, so has my last respects to a man who gave so much a stable residential environment. Long Beach Kashiwabara, MD; William Kemper, MD; Samia Khwaja, MD; Russell King, MD; Har- of himself to his country, his community and has futuristic medical centers led by physi- his family. David will be missed by all whose cians and healthcare executives who have old Klem, MD; Rolf Koenker, MD; John Kregzde, MD; Geza Krempels, MD; Arnold lives he touched. I am honored to have rep- created a solid base in research and service. resented him and proud to call him a constitu- Four decades ago, Long Beach was also an Kushner, MD; Young Jae Kwin, MD; Leroy Leabman, MD; Paul Lee, MD; Hyuck Lee, ent. embryo of the managed care industry. Ideas f were encouraged to flow and mature into re- MD; Sol Ludmerer, MD; Jack Lynn, MD; ality. Those who thought there might be a bet- Jack Mosier, MD; Yang Wen Lee, MD; Robert TRIBUTE TO METUKA BENJAMIN ter way were encouraged. Levitt, MD; Arthur Litman, MD; Robert A quarter of a century sometimes seems Lugliani, MD; John Lungren, MD; Kenneth Lynch, MD; William Lyons, MD; Montie HON. BRAD SHERMAN only a few years ago. With modern medicine, OF CALIFORNIA Magree, MD; Victor Maron, MD; Illuminida it is a long time. The physicians being honored IN THE HOUSE OF REPRESENTATIVES Martin, MD; Mahammad Maznavi, MD; Ar- have been awakened from quiet dreams, de- Monday, May 18, 1998 serted many a hot dinner, deferred family va- thur McGowan, MD; John Messenger, MD; Gerald Miller, MD; Don Harper Mills, MD; cations, and ignored sunny days to serve their Mr. SHERMAN. Mr. Speaker, I rise today to Charles Morrell, MD; Herbert Movius, MD; patients unselfishly. These Long Beach physi- pay tribute to Metuka Benjamin for her con- Glenn Nakadate, MD; Nord Nation, MD; cians have been available regardless of tribution to the education of the children of the David Neer, MD; Harold Neibling, MD. weather, holiday, or time of day, 7 days a Stephen S. Wise Temple schools. Because education without vision is like a week, 52 weeks a yearÐrelentless in their de- Harold Ochsner, MD; Donald Odriscoll, MD; present without a future, Metuka Benjamin has votion to their patients and their patients' fami- Donald Ostergard, MD; Arnold Ostrow, MD; dedicated her life to improving the future of lies. The persistent and professional dedica- Edgar R. Palarea, MD; James Patton, MD; the Jewish people by making available to their tion of these doctors is helping advance excel- Sidney Penn, MD; Jules Perley, MD; Michael children the finest educational programs in the lent healthcare into the 21st century. Perley, MD; Jared Piety MD; Samuel United States. For more than 34 years, since The community and their patients are for- Pilchman, MD; S. Gainer Pillsbury, MD; the founding of Stephen S. Wise Temple in ever indebted to these accomplished profes- Marshall Redding, MD; Enrique Reed, MD; 1964, Metuka Benjamin has worked closely sionals: Glee Renick, MD; William Rhorer, MD; Jeff Riker, MD; Daniel Rodiles, MD; Maurice with the distinguished Rabbi Isaiah Zeldin to Marcy L. Zwelling Aamot, MD; (President, Rosenbaum, MD; Frederick Rosenbert, MD; ensure that every child would receive the ben- Long Beach Medical Association) A.S. Abbasi, MD; Raymond Abraham, MD; Harry David Rozran, MD; John Rosental, MD; Rich- efit of a first class education. Alban, MD; Seymour Alban, MD; Edward ard Ryder, MD; Bernard Sachs, MD; John Now, in 1998, Metuka Benjamin serves as Allred, MD; Maher Azer, MD; Carlos Badel, Saylor, MD; Lewis Schainuck, MD; Judson Director of Education over all the Stephen S. MD; John Barloon, MD; Robert Barmeyer, Schoendorf, MD; Robert Schumacher, MD; Wise Temple schools as part of the largest MD; Gordon Bateman, MD; Edson Beebe, Boyd Schultz, MD; Harold Seifer, MD; Ste- synagogue in the world. MD; Selden Beebe, MD; Arthur Beland, MD; phen Severance, MD; Allan Shanberg MD; At this time, the synagogue, its membership James H. Bell, MD; Irving Berke, MD; Yale Ralph Simonian, MD; Nicholas Skandalakis, and the community are witnessing the realiza- Bickel, MD; Gerald Blatt, MD; Myron Bloom, MD; Matthew Sloan, MD; Clyde Smith, MD; tion of their dream with the completion of the MD; William Bloomer, MD; G. Ray Bouch, Ronald Smith, MD; William Snape, MD; Arts and Sports Pavilion, the Science and MD; George Boucher, MD; William Boucher, Richard Spellberg, MD; William Stanton, Study Building and the Administration Building MD; Arthur Bowman, MD; James Brennan, MD; John Steen, MD; Sidney Stern, MD; Mi- MD; Ian Brodie, MD; Carl Brossia, MD; of the Milken Community High School of Ste- Thomas Buhl, MD; C.C. Calescibetta, MD; chael Strauss, MD; Jose Sturich, MD; B.V. phen S. Wise Temple. The Milken Community Constance Calogeris, MD; Darrell Cannon, Sury, MD; Alex Aweet, MD. High School students and faculty are now oc- MD; Jean Carlin, MD; Stanley Carson, MD; Jesus Tan, MD; Paul Teng, MD; Eugene cupying their new and permanent home on Neil Chamberlain, MD; Carmen Chamberlen, Temkin, MD; Paul Thompson, MD; Malcolm Mulholland Drive. MD; Andrew Choy, MD; William Clark, MD; Todd, MD; William Todd, MD; Del Tomeoni, As we celebrate the 50th Anniversary of Robert Cleveland, MD; Bernard Cooperman, MD; Peter Trafas, MD; Leonard Wachs, MD; Israel, I would like to take this opportunity to MD; Jerome Cope, MD; Thomas Coughlin, Winfried Waider, MD; Venkat Warren, MD; acknowledge the remarkable accomplishments MD; Nolan Cramer, MD; John Crivaro, MD; Ezzat Wassef, MD; Carlton Waters, MD; Mi- of Metuka Benjamin, as well as her commit- Daniel Cunningham, MD. Dominic DeCristafaro, MD; Richard chael Weller, MD; Robert Wells, MD; Ste- ment to Stephen Wise Temple and its schools, DeGolia, MD; Michael De Luca, MD; Eknath phen Wertheimer, MD; Katherine White, MD; Jewish Life and Israel. Mr. Speaker, distin- Deo, MD; Richard Egan, MD; Isaac Irvin White, MD; Edward Wiater, MD; Rich- guished colleagues, please join me in honor- Eisenstein, MD; Sidney Ellery, MD; Earl ard Wigod, MD; William Wild, MD; Leon ing one of the most respected educators of Feiwell, MD; Bertman Belsher, MD; Jerry Wiltse, MD; David Wood, MD. our time, Metuka Benjamin.

∑ 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. E876 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1998 TRIBUTE TO BISHOP EDDIE L. The Special Olympics ended with the re- reasonable restrictions on contributions and LONG lease of balloons out of the stadium and the expenditures. distribution of awards to all of the participants. f HON. CYNTHIA A. McKINNEY All Special Olympians received an award be- cause the courage to strive and dare is tanta- IN MEMORY OF KATHRYN ANN OF GEORGIA MAYFIELD OF CROOKSVILLE, OHIO IN THE HOUSE OF REPRESENTATIVES mount to winning over adversity. Mr. Speaker, I ask you and my other distin- Monday, May 18, 1998 guished colleagues to join me in congratulat- HON. ROBERT W. NEY Ms. McKINNEY. Mr. Speaker, today, I had ing all of the participants in the Tri-City Special OF OHIO the pleasure of hosting, my pastor, Bishop Olympics for their determination and will to IN THE HOUSE OF REPRESENTATIVES Eddie L. Long, who was the House Guest succeed. Also, I would like to commend all of Monday, May 18, 1998 Chaplain for the Day. Bishop Long is the pas- those involved in making the Special Olympics tor of New Birth Missionary Baptist Church in a success. Their hard work and dedication Mr. NEY. Mr. Speaker, I rise today in mem- Georgia's Fourth Congressional District. helped to create a sense of pride and accom- ory of Kathryn Ann Mayfield, who passed Through Bishop Long's leadership, New Birth plishment in all of the children who partici- away on October 26, 1997. Kathryn was a Missionary Baptist Church has grown from pated in the event. member of the Crooksville Fire Department 300 members in 1984 to nearly 22,000 mem- f and Emergency Squad. She was also an ac- bers. tive member of the St. Bernard Catholic New Birth Missionary Baptist Church has FACT SHEET ON THE ‘‘LET THE Church. Kathryn lost her life after helping oth- worked to focus the community efforts on sav- PUBLIC DECIDE CAMPAIGN FI- ers as she often did by fighting fires. ing at-risk youth. Through a program called NANCE REFORM ACT’’ Kathryn was a kind and caring individual. Project Impact, members of the new Birth Mis- She will be sorely missed by her two sons, sionary Baptist Church work within the state HON. DAVID R. OBEY daughter and three grandchildren. She was a judicial system to rehabilitate first-time juvenile OF WISCONSIN special person and it was apparent in every nonviolent offenders. Without this program, IN THE HOUSE OF REPRESENTATIVES aspect of her life. Mr. Speaker, it is privilege for me to pay my many of these first-time offenders would be in- Monday, May 18, 1998 carcerated in our already overcrowded juvenile last respects to a woman who gave so much system with a greater likelihood that they Mr. OBEY. Mr. Speaker, I submit the follow- of herself to her country, her community and would commit more serious offenses. ing for the RECORD: her family. Kathryn will be missed by all Bishop Eddie Long is not only the leader of CAMPAIGN CONTRIBUTIONS whose lives she touched. I am honored to New Birth Missionary Baptist Church but also Congressional candidates would not be have represented her and proud to call her a a leader within the community and the world. funded with private money in the general constituent. He is an active member of the Morehouse elections. Instead, the citizen-funded Grass- f School of Religion Board of Directors and also roots Good Citizenship Fund would equally TRIBUTE TO RABBI MARVIN serves as a moderator of the American Baptist provide money to the major party’s nomi- SUGARMAN Churches of the South. nees and provide funds for third party and independent candidates. Mr. Speaker, I would like to ask that my col- leagues on both sides of the aisle join me in SOFT MONEY HON. BRAD SHERMAN welcoming Bishop Eddie L. Long to the United The use of soft money is prohibited with OF CALIFORNIA respect to any House of Representatives elec- States House of Representatives. IN THE HOUSE OF REPRESENTATIVES tion. f THE GRASSROOTS GOOD CITIZENSHIP FUND Monday, May 18, 1998 TRI–CITY SPECIAL OLYMPICS Money for the Grassroots Good Citizenship Mr. SHERMAN. Mr. Speaker, I rise today to Fund will be provided by voluntary addi- pay tribute to Rabbi Marvin Sugarman for his HON. PETER J. VISCLOSKY tional payments from public spirited citizens passionate efforts to improve the quality of life and a .1% tax on corporate income of in our community. OF INDIANA $10,000,000 or above. IN THE HOUSE OF REPRESENTATIVES Major party candidates’ funds will be based Rabbi Sugarman has shown outstanding commitment at the Shaarey Zedek Congrega- Monday, May 18, 1998 on the median household income of each dis- trict. The maximum amount allocated will tion in North Hollywood. He has been a spir- Mr. VISCLOSKY. Mr. Speaker, I am pleased be $500,000 per candidate for the districts itual leader of the Jewish community for thirty to announce that the Twenty-First Annual Tri- with the highest median household income years. City Special Olympics Track and Field meet and all other districts will be equal to that The Talmud states that ``Charity promotes was held on Saturday, May 16, 1998, at the amount minus 2⁄3 percentage difference be- peace, and he who gives much charity will Central High School football field in East Chi- tween the median household income in that bring great peace on earth and above.'' In the district and the highest district. cago, Indiana. Approximately 350 children Independent candidates will receive funds spirit of words, Rabbi Sugarman has ex- from East Chicago, Hammond, and Whiting based on the corresponding number of signa- pended endless energy in enhancing the Jew- participated in the track and field meet, which tures collected and verified by the commis- ish Community of North Hollywood. The com- has become one of the most outstanding sion. munity has reaped the benefits of having a events of the year in the Tri-City area. Third party candidates will receive a pro- tireless leader at the forefront of their religious Saturday's ceremonies began with the tradi- portional amount based on that party’s vote spiritualism, as they have come together in tional passing of the torch. Adam Stiles of in the last five elections. harmony under his guidance. Hammond carried the Olympic torch into the ‘‘INDEPENDENT EXPENDITURES’’ AND ‘‘EXPRESS Rabbi Sugarman's academic record has stadium and past the reviewing stand, where ADVOCACY’’ ADS proven him to be a diligent student of Juda- he then passed it to Denise Pickford of the Independent expenditures and express ad- ism. While attending the Talmudical Academy Lake County Association for the Retarded vocacy activities relating to the election of of Baltimore, Rabbi Sugarman was honored (LCAR), who relayed the torch to Jerrid Or- Members the House of Representatives are for his academic ability with the Jewish Stud- prohibited during the 90 days prior to the ange of East Chicago, the anchor runner re- general election. ies Award. After earning a four-year scholar- sponsible for lighting the Olympic flame. All ship to fund his college education, he contin- CHANGES IN PRIMARY ELECTION FUNDS three runners returned to their groups for the ued his education at Yeshiva University in ceremonies, which included the posting of the The maximum expenditure in a primary New York City, graduating with a Bachelor of will be capped to 1⁄3 of the amount allocated colors near the American Legion Posts, the in the primary election. Large donor PACs Arts degree in 1954. singing of The National Anthem to the accom- will be limited to 20% of this amount. Following his time of study in New York, paniment of the Central High School marching WHAT IF THESE PROVISIONS ARE FOUND Rabbi Marvin Sugarman successfully held pul- band, and the recitation of the Special Olym- UNCONSTITUTIONAL BY THE SUPREME COURT? pits in Canada, Pennsylvania, and Indiana, pic Oath before each event, which was led by If the Supreme Court rules against provi- where he increased awareness and participa- Rita Jurik of LCAR. This year's oath is ``Let sions in this bill, the House will consider tion in the Jewish religion. During this period, Me Win, but if I Cannot Win, Let Me Be Brave under expedited procedures, a constitutional Rabbi Sugarman was also a recipient of the in the Attempt.'' amendment empowering Congress to make Ethics Award. May 18, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E877 In the late sixties, Rabbi Sugarman moved all I need to do is write the consumer goods would be needed to accommodate the grow- to the West Coast, and began working with services and wait for a reply. On paper my ing population of the emerging ``Steel City'' of the Jewish community of the Shaarey Zedek voice is one of an opinionated person, not Gary. The events leading up to Methodist's one of an insignificant teenager. dedication on May 27, 1923, however, can be Congregation in North Hollywood, With thirty My voice can be heard by joining and orga- years of spiritual leadership of the highest ac- nizing groups that share in my beliefs in my traced back to 1910, when a registered nurse cord, Rabbi Sugarman is a highly-respected community. The student government in my by the name of Margaret Pritchard came to individual by both the Shaarey Zedek con- school allows students to share their ideas in Gary with the vision of establishing a hospital. gregation members and by the whole Jewish improving their school P.L.A.N.E.T. (the In acquiring donations from a group of doctors community in Southern California. school organized environmental group) al- in 1911, Ms. Pritchard witnessed the accom- In addition to caring for the needs of the lows young people my age to take a stand plishment of this task with the opening of Gary Jewish Community, Rabbi Sugarman is also a against pollution. There are so many organi- General Hospital on Van Buren Street. Over zations in a community’s schools, churches, the next few years, measures were taken to husband, father of five, and a grandfather of and businesses which give us all the oppor- twenty-six. tunity to speak up. provide for Gary General's future funding and Mr. Speaker, distinguished colleagues, I can even organize my own protests if my growth, which resulted in an affiliation with please join me in paying tribute to Rabbi opinion is strong enough. I have the ability Methodist Episcopal Hospital of the State of Marvin Sugarman. He is deserving of our ut- to boycott and convince others to boycott Indiana in Indianapolis, a major fundraising most respect and praise. businesses. If there is a legitimate reason for campaign targeting the steel mills, and the do- opposition, your age and social status does f nation of property by the Gary Land Company. not matter; you can be heard. I can speak of On June 11, 1923, Methodist Hospital and its MY VOICE IN OUR DEMOCRACY the absurdity and lack of intelligence in our School of Nursing officially opened. nation’s top positions and not have to worry about being slapped with a charge of treason. After Methodist separated from the hospital HON. CYNTHIA A. McKINNEY I can laugh out loud and comment on the board in Indianapolis in 1942, it expanded OF GEORGIA editorial cartoon making fun of the govern- through major construction efforts and devel- ment without going to jail. The United opment of services to accommodate health IN THE HOUSE OF REPRESENTATIVES States Constitution grants us all the free- care needs beyond the boundaries of Gary. Monday, May 18, 1998 dom of choosing to use our voices. Some of the hospital's additional services Without democracy, this morning and Ms. MCKINNEY. Mr. Speaker, I would like to came with its establishment of Lake County's every morning of my life would be dramati- first physical therapy department in 1949, the submit for this CONGRESSIONAL RECORD the cally different. The government could ban enclosed prize winning script written by Ms. Lucky Charms from the shelves for its high county's first acute care unit for psychiatric pa- Hannah Leatherbury. sugar content, and I would have no right to tients in 1951, and the state's first accredited, protest the decision. The news would be full-service rehabilitation services center in MY VOICE IN OUR DEMOCRACY filled with the same faces of rich powerful 1971. Methodist further expanded its services 1997–98 VFW VOICE OF DEMOCRACY SCHOLARSHIP government officials. Instead of the cheerful to Northwest Indiana when it built a new 165- COMPETITION—GEORGIA WINNER Katie Couric, we would be greeted each bed hospital facility in Merrillville, Indiana, (By Hannah Leatherbury) morning by a government appointed figure which was completed in 1975. As a result of This morning I woke up and fixed myself a (similar to the teacher of Ferris Buler) with its growth, Methodist became regarded as a bowl of Lucky Charms. I sat down with my a monotonous voice and a personality com- parable to that of an inchworm. The govern- regional health care system and thus, the two cereal and turned on the T.V. to the ‘‘Today’’ facilities became Northlake Campus in Gary news program. At the news desk, Anne ment would have the authority to tell the Currey was reporting on the events of the American people what they wanted us to and Southlake Campus in Merrillville. In Feb- U.P.S. strike, and the effectiveness of the hear, thus we would repeat what our govern- ruary of 1981, H. Theodore Tatum Family postal workers’ protest. After the commer- ment wanted us to repeat without question. Health Center opened at the Northlake Cam- cial break, Katie Couric began speaking to a We would hear only of ‘‘important’’ people pus, providing a base for the Family Practice woman in Illinois who was holding her own and the woman in Illinois could forget about Residency Program, and offering additional protest. This woman was protesting the be- having her voice heard. medical care for the community. In a country without democracy, my voice havior of her children. She had climbed a During the past two decades, Methodist would be one among thousands of precious tree in her front yard and was remaining ‘‘on Hospital has continued to grow and change, strike’’ until her children agreed to do their pearls locked in a safe never to be displayed chores and adjust their attitudes. Katie in public. Fortunately, democracy enables reflecting the needs of the communities and asked the woman if her protest had suc- my tiny pearl of wisdom to be removed from responding to the new era of outpatient serv- ceeded and the mother triumphantly replied: its safe and placed on a necklace to be worn ices made possible by advances in technology ‘‘Yes.’’ At first I asked myself how this story at a grand banquet. and medicine. Methodist remains a not-for- qualified as NEWS; and suddenly it dawned f profit community-based health care system, on me that even the commonplace person and is affiliated with various prestigious orga- has the right to be heard. Here was a lady CONGRATULATING THE nizations, including: the Joint Commission for from Illinois who was being interviewed on METHODIST HOSPITALS, INC American Hospital Organizations; the Indiana national television because in our democracy she had the right to state her opinion and to State Board of Health, the Accreditation Coun- have it be heard. This irritated mother was HON. PETER J. VISCLOSKY cil for Graduate Medical Education; and the being listened to as widely as the partici- OF INDIANA American Academy of Family Physicians. pants of the U.P.S. strike. My voice, like IN THE HOUSE OF REPRESENTATIVES Over the years, Methodist has taken an active hers, has the ability to sound as loud and as role in bettering its communities by forging clear as the liberty bell itself. Monday, May 18, 1998 partnerships with schools, churches and busi- I can express my opinions through writing. Mr. VISCLOSKY. Mr. Speaker, It is my dis- nesses, and participating in outreach pro- I can write my local newspaper and state my tinct pleasure to congratulate The Methodist grams, such as Healthy Start, for prenatal and views on important issues. Not only can my Hospitals, Inc. as it celebrates its 75th Dia- infant wellness, and Turning Point Center for letter influence the topic of the next edi- torial, but I can even be printed in conjunc- mond Jubilee Anniversary this Sunday, May addictions. In its 75th year of existence, Meth- tion with the editorial. I can write for my 17, 1998. Methodist will commemorate its 75 odist Hospital has renewed its commitment to school newspaper and voice my opinion to years of dedicated service to the communities the residents of Northwest Indiana into the my peers. I can write letters to my local con- of Northwest Indiana in a Rededication to next century and beyond. gressman explaining my concerns with the Community Service ceremony and Community Mr. Speaker, I ask you and my other distin- decisions being made in the legislature. I can Open House to be held at its Northlake Cam- guished colleagues to join me in commending even voice my opinion in a letter to the pus in Gary, Indiana. The celebration will the administrators, health care professionals, president. In our democracy I can be con- serve as an opportunity for Methodist to reaf- and other individuals who, over the years, fident that, through my writing, my voice is heard in even the highest branches of the firm its commitment to excellence in health have contributed to Methodist Hospitals' suc- government. care services to every individual in Gary, cess in achieving its standards of excellence. As a consumer I can call or write busi- Merrillville, and the surrounding communities. Their hard work has improved the quality of nesses and respond to the quality of their Methodist Hospital was established in 1923 life for everyone in Indiana's First Congres- products. If my whip cream isn’t satisfactory in response to concerns that a larger hospital sional District. E878 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1998 FACT SHEET ON THE ‘‘LET THE Stephen was a kind and caring individual. Arthur has done all of this in a mere 85 PUBLIC DECIDE CAMPAIGN FI- He never hesitated to lend a helping hand. years. Mr. Speaker, distinguished colleagues, NANCE REFORM ACT’’ COR- Stephen was actively involved at the United please join me in celebrating the birthday of RESPONDS TO H.R. 3852 Methodist Church. He was also a role model one of the preeminent citizens of Los Angeles, to youth groups and the local Boy Scouts. Mr. Arthur Gilbert. We know that Arthur, along HON. DAVID R. OBEY Mr. Speaker, it is a privilege for me to pay with his wife Marjorie, Son Colin and step- OF WISCONSIN my last respects to a man who gave so much daughter Susan will be benefitting our commu- IN THE HOUSE OF REPRESENTATIVES of himself to his country, his community and nity for many, many years to come. his family. Stephen will be missed by all f Monday, May 18, 1998 whose lives he touched. I am honored to have Mr. OBEY. Mr. Speaker, I submit the follow- represented him and proud to call him a con- TRIBUTE TO MATTHEW CWIKLA ing for the RECORD: stituent. CAMPAIGN CONTRIBUTIONS f HON. DAVID E. BONIOR Congressional candidates who voluntarily OF MICHIGAN TRIBUTE TO ARTHUR GILBERT agree would not be funded with private IN THE HOUSE OF REPRESENTATIVES money in the general elections. Instead, the Monday, May 18, 1998 citizen-funded Grassroots Good Citizenship HON. BRAD SHERMAN Fund would equally provide money to the OF CALIFORNIA Mr. BONIOR. Mr. Speaker, on January 1, major party’s nominees and provide funds for IN THE HOUSE OF REPRESENTATIVES 1998 the town of Mt. Clemens, Michigan lost third party and independent candidates. a resident who in just sixteen short years Monday, May 18, 1998 SOFT MONEY made a great impact on the community. On The use of soft money is prohibited with Mr. SHERMAN. Mr. Speaker, I rise today to New Years Day, Matthew Cwikla went to his respect to any House of Representatives elec- pay tribute to Arthur Gilbert, for his leadership room to finish his homework before watching tion. and philanthropy in our community. the Rose Bowl game. His family found him a THE GRASSROOTS GOOD CITIZENSHIP FUND As Arthur celebrates his 85th birthday, it short time later. Matt died suddenly from Viral Money for the Grassroots Good Citizenship seems an appropriate time to acknowledge his Myocarditis, a rare virus which attacks the Fund will be provided by voluntary addi- distinguished career and extraordinary con- heart muscle. In the time following Matt's tional payments from public spirited citizens tributions to the development of our commu- and a .1% tax on corporate income of death, his family was joined by more than $10,000,000 or above. nity and our country. Working in Los Angeles 1500 people offering their support and condo- Major party candidates’ funds will be based and other parts of the country, Arthur has lences. on the median household income of each dis- used his talents to construct industrial build- Matt was an extremely special young man trict. The maximum amount allocated will ings of several million square feet, industrial who affected all who knew him. He was presi- be $500,000 per candidate for the districts parks ranging from 20 to 100 acres and shop- dent of his junior class at Mt. Clemens High with the highest median household income ping centers ranging from 5 to 30 acres. His School and a member of the National Honor and all other districts will be equal to that true leadership in this industry was dem- Society and the Varsity Tennis Team. Matt amount minus 2⁄3 percentage difference be- tween the median household income in that onstrated with the conclusion of the first real was also a manager of the student run record district and the highest district. estate joint venture with a life insurance com- store, Downtown Sound, in Mt. Clemens Independent candidates will receive funds pany in the United States. where I had the opportunity to meet and come based on the corresponding number of signa- It is nearly impossible to drive along to know him. He was extremely professional tures collected and verified by the commis- Wilshire Boulevard and not come across some and kind and made a lasting impression on sion. project that has involved Arthur Gilbert's capa- me. Third party candidates will receive a pro- ble and careful planning. Examples of Arthur's I also had the chance to work with Matt last portional amount based on that party’s vote work include Union Bank regional head- in the last five elections. summer when he participated in my district's quarters; the Bankers Life Insurance Building; ‘‘INDEPENDENT EXPENDITURES’’ AND ‘‘EXPRESS Congressional Student Leadership Summit the American Cement Building; California Fed- ADVOCACY’’ ADS where students from across the district come eral Savings; and Gibralter Square. Arthur has Independent expenditures and express ad- together to participate in a mock session of vocacy activities relating to the election of also been involved with developments Congress. This summit brings out some of the Members the House of Representatives are throughout the country from Kansas City to best and brightest students in my district and prohibited during the 90 days prior to the Palm Springs to Chicago to Virginia. Matt was certainly one of them. general election. In addition to the physical development of In Matt's memory, the Cwikla family has es- CHANGES IN PRIMARY ELECTION FUNDS our community, Arthur has played an integral tablished the Matthew J. Cwikla Memorial The maximum expenditure in a primary role in its cultural advancements as well. He Scholarship to financially assist other bright will be capped to 1⁄3 of the amount allocated created the premier micro mosaic collection in stars from Mt. Clemens High School. To Mat- in the primary election. Large donor PACs the world, and is a patron of art history in this thew's parents, John and Cynthia; his sisters, will be limited to 20% of this amount. phenomenal genre of art. Arthur has amassed Julie and Katherine; and all of his friends and WHAT IF THESE PROVISIONS ARE FOUND an incomparable collection of silver and gold family, Matthew was a special person who will UNCONSTITUTIONAL BY THE SUPREME COURT? boxes which he has shared with the public in never be forgotten. So many of us consider If the Supreme Court rules against provi- Los Angeles. This world renowned collection ourselves fortunate to have crossed his path. sions in this bill, the House will consider will be permanently housed at Somerset f under expedited procedures, a constitutional House in London for international audiences to amendment empowering Congress to make enjoy. 50TH ANNIVERSARY OF THE reasonable restrictions on independent ex- STATE OF ISRAEL penditures and express advocacy ads for the Arthur is a stalwart supporter of the U.S.Ð 90 day period preceding the general election. Israel relationship and a vigilent critic of anti- Semitism. He speaks forcefully, thoughtfully f HON. TIM ROEMER and with a command of the facts. When he OF INDIANA IN MEMORY OF STEPHEN thinks the community and press is not listen- IN THE HOUSE OF REPRESENTATIVES CARLETTI OF CROOKSVILLE, OHIO ing sufficiently he buys a large newspaper ad- vertisement so we all get the message. Monday, May 18, 1998 HON. ROBERT W. NEY Arthur is also a honorary Trustee for the Mr. ROEMER. Mr. Speaker, I rise in strong OF OHIO Arm and Hammer United World College of support of House Joint Resolution 102, ``Ex- IN THE HOUSE OF REPRESENTATIVES America West, a member of the National pressing the Sense of the Congress on the Board of Directors of the American Technion Occasion of the 50th Anniversary of the Monday, May 18, 1998 Society and a Fellow of the Hebrew University Founding of the Modern State of Israel.'' Mr. NEY. Mr. Speaker, I rise today in mem- in Jerusalem. He plays a leadership role in a I wish to convey my warmest congratula- ory of Stephen Carletti, who passed away on variety of other organizations; and many chari- tions to the Jewish community on this happy February 8, 1998. Stephen gave his life in the table organizations and educational institutions occasion of the 50th anniversary of Israel. I line of duty, battling a fire. His life was dedi- have been enriched through his philanthropy am proud to be a cosponsor of this important cated to helping others. and advice. resolution, which commends Israel for its May 18, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E879 achievements in building a new state and a people from Stuyvesant and the nearby towns Providing transportation and meals to Senior democratic society, reaffirms the bonds of in Columbia and Greene Counties are charac- Citizens, preparing a monthly newsletter to friendship and cooperation between the United terized by their connection to this wonderful keep Seniors updated on important develop- States and Israel, and extends our best wish- river. ments within their community and sponsoring es to the State of Israel for a peaceful, pros- But not everyone around the country has an annual Crafts and Hobby Show are the perous, and successful future. the opportunity to celebrate and rejoice in type of services the Saginaw County Commis- Mr. Speaker, the Bible tells the story of so what the people of Stuyvesant can this week- sion on Aging has offered its Seniors over the many miracles of importance to the Jewish end. Even though things have changed there, past twenty-five years. Twenty-five years ago community, from the parting of the Red Sea to like everywhere else, there is something spe- a group of community leaders had a vision to the oil which burned for eight nights. The fact cial that remains an unmistakable part of the establish an organization that would serve the that Israel has survived and flourished for 50 town's character that not enough people Seniors of their community. Today, that orga- years as a free and democratic nation under throughout the country can still boast of today. nization can be proud of the many lives it has the most difficult of circumstances is, in its That something is the distinct small town touched over the years. own right, a modern-day miracle that rivals all charm that grips the town and the good citi- On Friday evening, as citizens gather to re- the miracles of the past. It is a tribute to the zens of the Township of Stuyvesant. It can be flect on the Saginaw County Commission on strength of the Jewish religion and the deter- seen at the church halls and the fire depart- Aging's long and productive history, they can mination of the Jewish people in South Bend, ment, at the veterans posts and across the be proud of how this organization has bene- Indiana and across the world. I hope that as streets and fields where children play and fited the community. It is the special, caring we join in this momentous celebration, we can farmers work. And that camaraderie can be people that comprise this organization that not only reflect on the struggles and sacrifices seen in the way the people of Stuyvesant and have allowed it to grow over the years and which marked the first 50 years of Israel's ex- their local leaders are again focusing on their meet new challenges. istence, but also look forward to a future of trusty neighbor, the Hudson, and their miles of Mr. BARCIA. At a time when we know that peace and happiness for Israel and the Jewish waterfront as a vital resource and gateway to effective services can best be provided by community everywhere. another new era for the town. partnerships between concerned individuals I strongly believe that it is most appropriate Yes, Mr. Speaker, that small town camara- on a local level working with programs offered for the Congress on behalf of the American derie and neighborly hospitality is one thing by the federal and state governments, the people to reaffirm the bonds of warm friend- that thankfully hasn't changed. But I'll tell you Saginaw County Commission on Aging has ship that link us with the Jewish people and about another thing. It's the pride and values done an outstanding job of letting the seniors Israel. Traditionally, Israel has been our of the citizenry. These are the things that I ad- of the Saginaw County community know that strongest democratic ally in the volatile Middle mire most about the towns like Stuyvesant assistance is available for them. I want to offer East region, revealing the strong common throughout my congressional district and that my compliments and thanks to Judy Spaner, links that bind us with the people of Israel and I'll miss most about the people I've had the the Director of the Commission, and her excel- reflect our shared experiences and interests. privilege of serving. And this weekend, Mr. lent staff for the work that they do, continuing Mr. Speaker, once again, let me express my Speaker, on May 16th and 17th, the residents the heritage of accomplishment at the Com- strong support for House Joint Resolution 102 of Stuyvesant will take part in day long festivi- mission. and my congratulations to the Jewish commu- ties commemorating their heritage. There will Mr. Speaker, when we concentrate on pro- nity on this happy occasion of the 50th Anni- be historical sites and artifacts on display, a viding services to people with decisions made versary of the founding of the modern State of play, parades and a spectacular fireworks dis- on a local level, we need to celebrate impor- Israel. play to enjoy with friends and neighbors and tant milestones like the 25th anniversary of the f where they can give thinks for the town and Saginaw County Commission on Aging. We community they share. urge you and all of our colleagues to join us THE TOWN OF STUYVESANT Mr. Speaker, I commend the good people of in wishing the Commission and the people CELEBRATES 175 YEARS Stuyvesant for their commitment to their home that benefit from its programs a very happy and hard work in organizing this memorial to anniversary, and many more to come. HON. GERALD B.H. SOLOMON their heritage. I ask that you and all members f OF NEW YORK of the House join me in paying tribute to them TRIBUTE TO DR. HUGO MORALES IN THE HOUSE OF REPRESENTATIVES on the occasion of the town's 175th birthday Monday, May 18, 1998 and in wishing them many more years of good ´ fortune and prosperity alongside the Hudson HON. JOSE E. SERRANO Mr. SOLOMON. Mr. Speaker, I have always River in one of the most beautiful river valleys OF NEW YORK been proud of the heritage and physical beau- anywhere in this world. IN THE HOUSE OF REPRESENTATIVES ty of the 22nd Congressional District of New f York which I have the privilege of represent- Monday, May 18, 1998 ing. It is for this reason, to savor the history HONORING THE 25TH ANNIVER- Mr. SERRANO. Mr. Speaker, I rise today to and character of the picturesque towns and SARY CELEBRATION OF THE pay tribute to Dr. Hugo H. Morales, an out- counties, that I return home every weekend. SAGINAW COUNTY COMMISSION standing individual who has devoted his life to We often forget, Mr. Speaker, that the real ON AGING his family and to serving the community. Dr. America is not Washington, but the small Morales celebrated his 65th birthday in the towns and villages where real people live and HON. DAVE CAMP company of his family and friends this past work. I would like to talk about one such town Saturday, May 16, 1998. OF MICHIGAN today. Born on May 14, 1933, Dr. Morales received The Town of Stuyvesant, New York in Co- HON. JAMES A. BARCIA a Medical Doctor (MD) degree from the Uni- lumbia County will be commemorating 175 OF MICHIGAN versity of Santo Domingo, Dominican Republic years of existence since they separated from IN THE HOUSE OF REPRESENTATIVES in 1956. He also attended New York Policlinic the nearby Township of Kinderhook back in Medical School and Hospital Post-Graduate 1823. Mr. Speaker, Stuyvesant is one of the Monday, May 18, 1998 course in Medicine from September 1961 to many beautiful river towns that border the ma- Mr. CAMP. Mr. Speaker, it is with great June 1963. jestic Hudson River in New York and as a pride that my colleague, Mr. BARCIA, and I rise Dr. Morales founded the Bronx Mental river town over that long timeframe, it has en- today to recognize the Silver Anniversary Health Center in 1965. It consists of 35 em- dured many transformations. And in many Celebration of the Saginaw County Commis- ployees who provide innovative, comprehen- ways, those changes reflect the changes in sion on Aging. The Commission was founded sive ambulatory mental health care services to the river, from the evolving trade involving on January 1, 1973, and from that point on low-income minority patients from the Bronx furs, fishing, mills and ice harvesting, to a bus- has been an invaluable asset to the surround- and other boroughs. tling brick industry and at a stop along the ing community. Saginaw County can be proud Dr. Morales' effective management helps to commercial channel running from New York of their County Commission on Aging. Since assure that quality mental health care is pro- City to Albany, Stuyvesant has adapted to the their beginning they have passed many mile- vided. He evaluates and comments upon the times. Yet make no mistake, even as times stones and touched the lives of thousands of efficiency of various means of rendering thera- have changed and industry has changed, the Seniors over the years. peutic services. E880 CONGRESSIONAL RECORD — Extensions of Remarks May 18, 1998 Mr. Speaker, I applaud the commitment and search, informed advocacy, and exceptional versity School of Social Work on its Centen- the efforts of Dr. Morales and his staff in the professional training. nial, and look forward to its future activity and assistance they provide to the low- and mod- It is a remarkable accomplishment that so- achievement. erate-income families in our community. cial workers have played key roles in every The business and professional organizations major social reform movement, from settle- f to which he has belonged, like the honors and ment houses to labor reform, to the New Deal, awards he has been given are almost beyond to civil rights, and voter registration. Many of HONORING MAJOR JAMES counting. the things we take for granted todayÐSocial WILLIAM REED It is a privilege for me to represent the 16th Security, child labor laws, the minimum wage, district of New York, where the Bronx Mental the 40-hour work week, MedicareÐcame Health Center is located. I have witnessed about because social workers saw injustice, HON. ROBERT W. NEY first-hand the exemplary work they are doing acted, and inspired others. OF OHIO for our community and I am deeply impressed. Throughout the century, Columbia's faculty, IN THE HOUSE OF REPRESENTATIVES Dr. Morales is married to Gladys and they students, and alumni have worked tirelessly to have two children, Nilda who is married to address both the causes and symptoms of our Monday, May 18, 1998 Richard and Hugo who is married to Serani. most pressing social problems. National move- Mr. NEY. Mr. Speaker, I rise today to honor They have three grandchildren, Natasha, ments, such as the White House Conference Major James William Reed who was a pilot in Conrad and Clifford. on Children and the National Urban League, the Air Force and shot down on July 24, 1970. Mr. Speaker, I ask my colleagues to join me have emerged from projects undertaken by Until April of 1998, Major Reed was consid- and the family of Dr. Hugo Morales in wishing the School's faculty and administrators in co- ered an MIA. operation with professional and community or- him a Happy 65th Birthday. Major Reed's family never gave up and ganizations. f worked very hard to find out exactly what hap- The entire nation has benefited from the pened to him. In 1991, the Air Force did a sur- CONGRATULATING THE COLUMBIA work of people like Eveline Burns (Social Se- vey of the crash site and decided to do a com- UNIVERSITY SCHOOL OF SOCIAL curity); Mitchell I. Ginsberg (Head Start); Rich- plete excavation of the site. The findings con- WORK ard Cloward (welfare rights and voter registra- cluded that Major Reed did die in the crash. tion); Alfred Khan and Sheila B. Kamerman HON. CHARLES B. RANGEL (crossnational studies of social services); and Major James William Reed was an accom- plished pilot and flew over 350 missions be- OF NEW YORK David Fanshel (children in foster care). fore his death. He was also a very kind and IN THE HOUSE OF REPRESENTATIVES As your School, and indeed the social work profession, move into their second centuries, unselfish man that he displayed in many ways. Monday, May 18, 1998 they will be challenged to respond to social Since Major Reed was single, he would volun- Mr. RANGEL. Mr. Speaker, on the occasion change, new social problems, family change, teer to fly missions so that other men with of the Centennial of the oldest social work and evolving societal commitments. Now more families would not have to risk their life. training program in the nation, I hereby offer than ever, we will need well-trained and dedi- Major James William Reed will be buried congratulations to the Columbia University cated social workers to work with troubled chil- with full military honors that he is so deserv- School of Social Work which I am proud to dren and families, organize communities for ing. The memorial service will be held on May say is located in my Congressional District. change, conduct cutting-edge research, ad- 24, 1998 where Major Reed's family will finally Evolving from a summer program organized minister social programs, and alleviate soci- be able to put him to rest. Mr. Speaker, I ask by the Charity Organization Society in New ety's most intractable problems. that my colleagues join me in honoring Major York, the School of Social Work has a long It is with appreciation and admiration, that I James William Reed who gave so much to his and distinguished history of pioneering re- extend my best wishes to the Columbia Uni- family, friends and country. May 18, 1998 CONGRESSIONAL RECORD — Extensions of Remarks E881 SENATE COMMITTEE MEETINGS 12:00 p.m. 4:00 p.m. Appropriations Foreign Relations Title IV of Senate Resolution 4, Labor, Health and Human Services, and International Operations Subcommittee agreed to by the Senate on February 4, Education Subcommittee To hold hearings to examine the certifi- 1977, calls for establishment of a sys- To hold hearings on proposed budget es- cation of a United Nations reform tem for a computerized schedule of all timates for fiscal year 1999 for budget of $2,533 billion. meetings and hearings of Senate com- osteoporosis prevention, education and SD–419 mittees, subcommittees, joint commit- research. tees, and committees of conference. SD–138 JUNE 4 2:30 p.m. This title requires all such committees 2:00 p.m. Judiciary Energy and Natural Resources to notify the Office of the Senate Daily Technology, Terrorism, and Government Digest—designated by the Rules Com- Forests and Public Land Management Sub- Information Subcommittee committee mittee—of the time, place, and purpose To hold hearings on S. 512, to amend To resume hearings on S. 1253, to provide of the meetings, when scheduled, and chapter 47 of title 18, United States to the Federal land management agen- Code, relating to identity fraud. any cancellations or changes in the cies the authority and capability to SD–226 meetings as they occur. manage effectively the federal lands in Select on Intelligence accordance with the principles of mul- As an additional procedure along To hold hearings on the nomination of tiple use and sustained yield. with the computerization of this infor- Joan Avalyn Dempsey, of Virginia, to SD–366 mation, the Office of the Senate Daily be Deputy Director of Central Intel- ligence for Community Management. Digest will prepare this information for JUNE 11 printing in the Extensions of Remarks SD–106 2:00 p.m. section of the CONGRESSIONAL RECORD MAY 21 Energy and Natural Resources on Monday and Wednesday of each Forests and Public Land Management Sub- 10:00 a.m. week. committee Meetings scheduled for Tuesday, May Energy and Natural Resources To hold joint hearings with the Commit- To resume hearings on S. 1253, to provide 19, 1998, may be found in the Daily Di- tee on Foreign Relations to examine to the Federal land management agen- gest of today’s RECORD. the status of Iraqi sanctions. cies the authority and capability to SD–419 manage effectively the federal lands in accordance with the principles of mul- MEETINGS SCHEDULED Foreign Relations To hold joint hearings with the Commit- tiple use and sustained yield. tee on Energy and Natural Resources SD–366 MAY 20 to examine the status of Iraqi sanc- 9:30 a.m. tions. JUNE 16 Commerce, Science, and Transportation SD–419 10:00 a.m. Oceans and Fisheries Subcommittee Governmental Affairs Judiciary To hold hearings on S. 1480, to authorize International Security, Proliferation and To hold hearings to examine mergers and appropriations for the National Oce- Federal Services Subcommittee corporate consolidation. anic and Atmospheric Administration To hold hearings to examine the benefits SD–226 to conduct research, monitoring, edu- of commercial space launch for foreign cation and management activities for satellite and Intercontinental Ballistic OCTOBER 6 the eradication and control of harmful Missiles (ICBM) programs. 9:30 a.m. algal blooms, including blooms of SD–342 Veterans’ Affairs Pfiesteria piscicida and other aquatic Judiciary To hold joint hearings with the House toxins. Business meeting, to consider pending Committee on Veterans Affairs on the SR–253 calendar business. legislative recommendations of the Energy and Natural Resources SD–226 American Legion. Business meeting, to consider pending Labor and Human Resources 345 Cannon Building calendar business. To hold hearings on genetic information SD–366 issues. 10:00 a.m. SD–430 CANCELLATIONS Appropriations 1:00 p.m. Defense Subcommittee Indian Affairs MAY 20 To hold hearings on proposed budget es- To hold oversight hearings on addressing 10:00 a.m. timates for fiscal year 1999 for the De- the unmet health care needs in Indian Governmental Affairs partment of Defense, focusing on Army country. To continue hearings to examine Govern- programs. SD–106 ment computer security. SD–192 2:00 p.m. SD–342 Foreign Relations Energy and Natural Resources European Affairs Subcommittee Energy Research and Development, Pro- MAY 21 To hold hearings to review Russian for- duction and Regulation Subcommittee eign and domestic policy. To hold hearings on S. 1141, to amend the 9:30 a.m. SD–419 Energy Policy Act of 1992 to take into Commerce, Science, and Transportation Judiciary account newly developed renewable To hold hearings to examine the content To hold hearings on S. 1645, to prohibit energy- based fuels and to equalize al- of certain music lyrics. taking minors across State lines to ternative fuel vehicle acquisition in- SR–253 avoid laws requiring the involvement centives to increase the flexibility of of parents in abortion decisions. controlled fleet owners and operators, POSTPONEMENTS SD–226 and S. 1418, to promote the research, Indian Affairs identification, assessment, exploration, Business meeting, to mark up S. 1691, to and development of methane hydrate MAY 20 provide for Indian legal reform. resources. 2:00 p.m. SR–485 SD–366 Foreign Relations Joint Economic Foreign Relations East Asian and Pacific Affairs Subcommit- To hold hearings to examine the current To hold hearings on the nomination of tee state of intelligence operations in the Jeffrey Davidow, of Virginia, to be Am- To hold hearings to examine trade bar- United States. bassador to Mexico. riers to U.S. soda ash exports to Asia. SD–106 SD–419 SD–41 Monday, May 18, 1998 Daily Digest

HIGHLIGHTS Senate passed American Competitiveness Act. Senate Rejected: Chamber Action Bumpers Amendment No. 2416, to repeal the Routine Proceedings, pages S4945–S5030 Immigrant Investor Program. (By 74 yeas to 24 nays Measures Introduced: Four bills and two resolu- (Vote No. 140), Senate tabled the amendment.) tions were introduced, as follows: S. 2087–2090, S. Pages S4981±89, S4997 Con. Res. 97, and S. Res. 231. Page S5019 Kennedy/Johnson Amendment No. 2417, to en- sure that employers recruit qualified United States Measures Passed: workers first, before applying for foreign workers American Competitiveness Act: By 78 yeas to 20 under the H–1B visa program. (By 59 yeas to 39 nays (Vote No. 141), Senate passed S. 1723, to nays (Vote No. 139), Senate tabled the amendment.) amend the Immigration and Nationality Act to as- Pages S4989±92, S4996±97 sist the United States to remain competitive by in- Kennedy/Johnson Amendment No. 2418, to en- creasing the access of the United States firms and in- sure that participating employers cannot lay off stitutions of higher education to skilled personnel United States workers and replace them with tem- and by expanding educational and training opportu- porary foreign workers under the H–1B visa pro- nities for American students and workers, after gram. (By 60 yeas to 38 nays (Vote No. 138), Senate agreeing to a committee amendment in the nature tabled the amendment.) Pages S4989±92, S4996 of a substitute, and taking action on amendments Withdrawn: proposed thereto, as follows: Pages S4954±S5001 Reed Amendment No. 2415, to strike section 4, Adopted: relating to education and training in science and Abraham (for Warner/Robb) Amendment No. technology. Pages S4979±80 2412, to provide for special immigrant status for Special Committee on the Year 2000 Technology NATO civilian employees in the same manner as for Problem—Technical Amendment: Senate agreed to employees of international organizations. S. Res. 231, to make a technical amendment to Sen- Pages S4966±67 ate Resolution 208. Page S5029 Kennedy Amendment No. 2413, to provide whis- Universal Tobacco Settlement Act: Senate began tleblower protection to foreign H–1B workers who consideration of S. 1415, to reform and restructure file successful complaints against employers for viola- the processes by which tobacco products are manu- tions of the H–1B program. Pages S4967±68 factured, marketed, and distributed, to prevent the Reid Amendment No. 2414, to require that ap- use of tobacco products by minors, and to redress the plications for passports for minors have parental sig- adverse health effects of tobacco use, with a modified natures. Pages S4978±79 committee amendment in the nature of a substitute Abraham/Kennedy/McCain Amendment No. (Amendment No. 2420). Pages S5001±12 2419, to modify the job training and scholarships Senate will continue consideration of the bill on provisions, to establish a prohibition of the use of Tuesday, May 19, 1998. H–1B visas by employers assisting in India’s nuclear weapons program, and to make certain technical cor- Removal of Injunction of Secrecy: The injunction of secrecy was removed from the following treaty: rections. Pages S4992±94 ILO Convention (No. 111) Concerning Discrimi- nation (Employment and Occupation) (Treaty Doc. 105–45). D521 D522 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 1998 The treaty was transmitted to the Senate today, May 19, 1998. (For Senate’s program, see the re- considered as having been read for the first time, and marks of the Acting Majority Leader in today’s referred, with accompanying papers, to the Commit- Record on page S5030.) tee on Foreign Relations and was ordered to be printed. Page S5029 Messages From the President: Senate received the Committee Meetings following messages from the President of the United (Committees not listed did not meet) States: Transmitting the report of the national emergency with respect to Burma; referred to the Committee on INDONESIA Banking, Housing, and Urban Affairs. (PM–127). Committee on Foreign Relations: Subcommittee on East Pages S5013±14 Asian and Pacific Affairs concluded hearings to ex- Nominations Received: Senate received the follow- amine the political situation in Indonesia and the ing nominations: United States response to recent incidents of unrest, Jose de Jesus Rivera, of Arizona, to be United after receiving testimony from Stanley O. Roth, As- States Attorney for the District of Arizona for the sistant Secretary of State for East Asian and Pacific Affairs; Donald Emmerson, University of Wisconsin, term of four years. Page S5030 Madison; Adam Schwarz, Council on Foreign Rela- Messages From the President: Page S5013 tions, and Paul Wolfowitz, Johns Hopkins Univer- Communications: Page S5014 sity, both of Washington, D.C.; and Sidney Jones, Human Rights Watch, New York, New York. Petitions: Pages S1514±19 Executive Reports of Committees: Page S5019 FAITH-BASED CHARITIES Statements on Introduced Bills: Pages S5019±22 Committee on Governmental Affairs: Subcommittee on Additional Cosponsors: Pages S5022±23 Oversight of Government Management, Restructur- ing, and the District of Columbia concluded hear- Amendments Submitted: Pages S5025±27 ings to examine the role of certain faith-based char- Notices of Hearings: Page S5027 ities in the District of Columbia, after receiving tes- Authority for Committees: Page S5027 timony from Senator Coats; Edward J. Eyring, Gos- Additional Statements: Pages S5027±29 pel Rescue Ministries of Washington, D.C., Hannah M. Hawkins, Children of Mine Center, Jim Till, Record Votes: Four record votes were taken today. Strategies to Elevate People, Amy Johnson, Neigh- (Total—141) Pages S4996±98 borhood Learning Center, April Lassiter, The Initia- Adjournment: Senate convened at 11 a.m., and ad- tive for Children, and Joe Loconte, Heritage Founda- journed at 8:35 p.m., until 9:30 a.m., on Tuesday, tion, all of Washington, D.C. May 18, 1998 CONGRESSIONAL RECORD — DAILY DIGEST D523 House of Representatives COMMITTEE MEETINGS FOR TUESDAY, Chamber Action MAY 19, 1998 Bills Introduced: 1 resolution, H. Res. 440, was in- (Committee meetings are open unless otherwise indicated) troduced. Page H3366 Reports Filed: Reports were filed as follows: House H.R. 3433, to amend the Social Security Act to Committee on Commerce, Subcommittee on Finance and establish a Ticket to Work and Self-Sufficiency Pro- Hazardous Materials, hearing on H.R. 1689, Securities Litigation Uniform Standards Act of 1997, 2 p.m., 2123 gram in the Social Security Administration to pro- Rayburn. vide beneficiaries with disabilities meaningful oppor- Subcommittee on Oversight and Investigations, hearing tunities to return to work and to extend Medicare on Medicare Billing: Savings Through Implementation of coverage for such beneficiaries, and to amend the In- Commercial Software, 2 p.m., 2322 Rayburn. ternal Revenue Code of 1986 to provide a tax credit Committee on Education and the Workforce, Subcommittee for impairment-related work expenses, amended (H. on Oversight and Investigations, hearing on ‘‘Who Pays Rept. 105–537); for the Rerun Teamsters’ Election?’’ 10 a.m., 2175 Ray- H.R. 2202, to amend the Public Health Service burn. Act to revise and extend the bone marrow donor Committee on Government Reform and Oversight, Sub- committee on Government Management, Information, program, amended (H. Rept. 105–538); and and Technology, hearing on protecting Health Informa- H. Con. Res. 171, declaring the memorial service tion: Legislative Options, 10 a.m., 311 Cannon. sponsored by the National Emergency Medical Serv- Subcommittee on National Economic Growth, Natural ices (EMS) Memorial Service Board of Directors to Resources, and Regulatory Affairs, to continue hearings honor emergency medical services personnel to be on ‘‘The Kyoto Protocol: Is the Clinton-Gore Administra- the ‘‘National Emergency Medical Services Memorial tion Selling Out Americans? Part II, 10 a.m., 2154 Ray- Service’’ (H. Rept. 105–539). Pages H3365±66 burn. Committee on the Judiciary, oversight hearing on the Speaker Pro Tempore: Read a letter from the State of Competition in the Airline Industry, 1 p.m., Speaker wherein he designated Representative Miller 2141 Rayburn. of Florida to act as Speaker pro tempore for today. Committee on Resources, Subcommittee on Fisheries Con- Page H3357 servation, Wildlife and Oceans, hearing on the following: H.R. 2291, to amend the Fish and Wildlife Improvement Advancement of Federal Law Enforcement Com- Act of 1978 to enable the Secretary of the Interior to mission: The Chair announced the Speaker’s ap- more effectively utilize the proceeds of sales of certain pointment on May 15th of Mr. Robert E. Sanders of items; H.R. 3460, to approve a governing international Florida to the Commission on the Advancement of fishery agreement between the United States and the Re- Federal Law Enforcement. Page H3357 public of Latvia, and for other purposes; H.R. 3461, to approve a governing international fishery agreement be- Senate Messages: Message received from the Senate tween the United States and the Republic of Poland; and today appears on page H3357. H.R. 3647, to direct the Secretary of the Interior to make Referral: S. 1525, to provide financial assistance for technical corrections to a map relating to the Coastal Bar- higher education to the dependents of Federal, State, rier Resources System, 11 a.m., 1324 Longworth. and local public safety officers who are killed or per- Subcommittee on National Parks and Public Lands, hearing on H.R. 3839, Utah Schools and Lands Exchange manently and totally disabled as the result of a trau- Act of 1998, 9:30 a.m., 1334 Longworth. matic injury sustained in the line of duty was re- Subcommittee on Water and Power, hearing on H.R. ferred to the Committee on the Judiciary. Page H3365 1212, Fall River Water Users District Rural Water Sys- Quorum Calls—Votes: No quorum calls or re- tem Act of 1997, 2 p.m., 1324 Longworth. corded votes developed during the proceedings of the Committee on Rules, to continue consideration of H.R. House today. 3616, National Defense Authorization Act for Fiscal Year 1998, 2:30 p.m., H–313 Capitol. Adjournment: Met at 12:00 noon and adjourned at Committee on Transportation and Infrastructure, Sub- 1:15 p.m. committee on Coast Guard and Maritime Transportation, hearing on Coast Guard Deepwater Capability Replace- ment Analysis, 10 a.m., 2167 Rayburn. Committee Meetings Committee on Ways and Means, Subcommittee on Human Resources, hearing on Child Support Enforce- No Committee meetings were held. ment, 3 p.m., B–318 Rayburn. D524 CONGRESSIONAL RECORD — DAILY DIGEST May 18, 1998

Next Meeting of the SENATE (3) H.R. 1023, Ricky Ray Hemophilia Relief Fund 9 a.m., Tuesday, May 19 Act of 1997; (4) H.R. 2652, Collections of Information Antipiracy Act; Senate Chamber (5) H.R. 3718, Limiting the Jurisdiction of the Federal Courts with Respect to Prison Release Orders; Program for Tuesday: After the transaction of any (6) H.R. 3809, Drug Free Borders Act of 1998; morning business (not to extend beyond 10 a.m.), Senate (7) H.R. 1522, National Historic Preservation Fund will continue consideration of S. 1415, Universal Tobacco Reauthorization; Settlement Act. (8) H.R. 2556, Wetlands and Wildlife Enhancement (Senate will recess from 12:30 p.m. until 2:15 p.m. for re- Act of 1997; spective party conferences.) (9) H. Con. Res. 171, Honoring Emergency Medical Services Personnel who have Died in the Line of Duty; (10) H.R. 2472, To Extend Certain Programs under Next Meeting of the HOUSE OF REPRESENTATIVES the Energy Policy and Conservation Act; and (11) H.R. 2202, National Bone Marrow Registry Re- 10:30 a.m., Tuesday, May 19 authorization Act of 1998; Consideration of H.R. 3534, Mandates Information Act of 1998 (Complete Consideration); House Chamber Consideration of H.R. 512, New Wildlife Refuge Au- Program for Tuesday: Consideration of 11 Suspensions: thorization Act (Open Rule); and (1) H.R. 3039, Veterans Transitional Housing Oppor- Consideration of H.R. 3616, National Defense Author- tunities Act of 1998; ization Act for Fiscal Year 1999 (general debate only). (2) H.R. 3603, Authorizing Major Medical Facility NOTE: The House will meet at 10:30 a.m. for morning Projects for the Department of Veterans Affairs; hour and 12:00 noon for legislative business. No recorded votes are expected before 5:00 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Horn, Stephen, Calif., E875 Roemer, Tim, Ind., E878 McKinney, Cynthia A., Ga., E876, E877 Serrano, Jose´ E., N.Y., E879 Barcia, James A., Mich., E879 Ney, Robert W., Ohio, E875, E876, E878, E880 Sherman, Brad, Calif., E875, E876, E878 Bonior, David E., Mich., E878 Obey, David R., Wisc., E876, E878 Solomon, Gerald B.H., N.Y., E879 Camp, Dave, Mich., E879 Rangel, Charles B., N.Y., E880 Visclosky, Peter J., Ind., E876, E877

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